IB 

Union Calendar No. 413 

110TH CONGRESS 

2D SESSION H. R. 5658 

[Report No. 110–652] 

To authorize appropriations for fiscal year 2009 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2009, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2008 

Mr. SKELTON (for himself and Mr. HUNTER) (both by request) introduced the 

following bill; which was referred to the Committee on Armed Services 

MAY 16, 2008 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 31, 2008] 

A BILL 

To authorize appropriations for fiscal year 2009 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2009, and 

for other purposes. 

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


jbell on PROD1PC69 with BILLS
2 

•HR 5658 RH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Duncan Hunter Na3 tional Defense Authorization Act for Fiscal Year 2009’’. 

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

5 CONTENTS. 

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows: 

8 (1) Division A—Department of Defense Author9 izations. 

10 (2) Division B—Military Construction Author11 izations. 

12 (3) Division C—Department of Energy National 

13 Security Authorizations and Other Authorizations. 

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. 

Sec. 113. Restriction on obligation of funds for Army tactical radio pending report. 


jbell on PROD1PC69 with BILLS
3 

•HR 5658 RH

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. 

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. 

Subtitle D—Other Matters 

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

Operational Test and Evaluation. 


jbell on PROD1PC69 with BILLS
4 

•HR 5658 RH

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. 

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. 

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. 

Subtitle E—Reports 

Sec. 341. Comptroller General report on readiness of Armed Forces. 


jbell on PROD1PC69 with BILLS
5 

•HR 5658 RH

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. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 416. Additional waiver authority of limitation on number of reserve component members authorized to be on active duty. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 


jbell on PROD1PC69 with BILLS
6 

•HR 5658 RH

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. 

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. 


jbell on PROD1PC69 with BILLS
7 

•HR 5658 RH

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. 

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. 

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. 

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. 


jbell on PROD1PC69 with BILLS
8 

•HR 5658 RH

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 one-half 

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. 

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. 


jbell on PROD1PC69 with BILLS
9 

•HR 5658 RH

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. 

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. 

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. 


jbell on PROD1PC69 with BILLS
10 

•HR 5658 RH

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. 

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. Availability of allowance to assist members of the Armed Forces and 

their dependents procure preventive health care services. 

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. 

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. 

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. 


jbell on PROD1PC69 with BILLS
11 

•HR 5658 RH

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. 

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. 

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. 


jbell on PROD1PC69 with BILLS
12 

•HR 5658 RH

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. 

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. 

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. 

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. 


jbell on PROD1PC69 with BILLS
13 

•HR 5658 RH

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. 

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. 

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. 


jbell on PROD1PC69 with BILLS
14 

•HR 5658 RH

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. 

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. 

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. 

Subtitle C—Other Matters 

Sec. 1221. Payment of personnel expenses for multilateral cooperation programs. 

Sec. 1222. Extension of Department of Defense authority to participate in multinational military centers of excellence. 


jbell on PROD1PC69 with BILLS
15 

•HR 5658 RH

Sec. 1223. Study of limitation on classified contracts with foreign companies engaged in space business with China. 

Sec. 1224. Sense of Congress and congressional briefings on readiness of the 

Armed Forces and report on nuclear weapons capabilities of 

Iran. 

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 

Sec. 1421. Armed Forces Retirement Home. 

Subtitle D—Inapplicability of Executive Order 13457 

Sec. 1431. Inapplicability of Executive Order 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. 


jbell on PROD1PC69 with BILLS
16 

•HR 5658 RH

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. 

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. 


jbell on PROD1PC69 with BILLS
17 

•HR 5658 RH

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2007 project. 

Sec. 2405. Modification of authority to carry out certain fiscal year 2005 

projects. 

Sec. 2406. Extension of authorization of certain fiscal year 2006 project. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorized chemical demilitarization program construction and land 

acquisition projects. 

Sec. 2412. Authorization of appropriations, chemical demilitarization construction, defense-wide. 

Sec. 2413. Modification of authority to carry out certain fiscal year 1997 project. 

Sec. 2414. Modification of authority to carry out certain fiscal year 2000 project. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 

Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. 

Sec. 2605. Authorized Air Force Reserve construction and land acquisition 

projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. 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. 


jbell on PROD1PC69 with BILLS
18 

•HR 5658 RH

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. 

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. 


jbell on PROD1PC69 with BILLS
19 

•HR 5658 RH

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. 

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. 

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. 

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, Wright-Patterson 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. 


jbell on PROD1PC69 with BILLS
20 

•HR 5658 RH

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. 

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. 

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. 


jbell on PROD1PC69 with BILLS
21 

•HR 5658 RH

1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 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. 

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. 


jbell on PROD1PC69 with BILLS
22 

•HR 5658 RH

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for fis5 cal 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. 

19 (3) For shipbuilding and conversion, 

20 $12,917,919,000. 

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

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

23 be appropriated for fiscal year 2009 for procurement for 

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


jbell on PROD1PC69 with BILLS
23 

•HR 5658 RH

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

2 are hereby authorized to be appropriated for fiscal year 

3 2009 for procurement of ammunition for the Navy and the 

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

5 SEC. 103. AIR FORCE. 

6 Funds are hereby authorized to be appropriated for fis7 cal year 2009 for procurement for the Air Force as follows: 

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

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

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

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

12 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

13 Funds are hereby authorized to be appropriated for fis14 cal year 2009 for Defense-wide procurement in the amount 

15 of $3,485,428,000. 

16 SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

17 Funds are hereby authorized to be appropriated for fis18 cal year 2009 for the procurement of aircraft, missiles, 

19 wheeled and tracked combat vehicles, tactical wheeled vehi20 cles, ammunition, other weapons, and other procurement 

21 for the reserve components of the Armed Forces in the 

22 amount of $800,000,000. 


jbell on PROD1PC69 with BILLS
24 

•HR 5658 RH

1 SEC. 106. RAPID ACQUISITION FUND. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2009 for the Rapid Acquisition Fund in the 

4 amount of $50,000,000. 

5 Subtitle B—Army Programs 

6 SEC. 111. SEPARATE PROCUREMENT LINE ITEMS FOR FU7 TURE COMBAT SYSTEMS PROGRAM. 

8 Effective for fiscal year 2010 and for each fiscal year 

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

10 each budget submission to the President, a separate, dedi11 cated procurement line item is designated for each of the 

12 following elements of the Future Combat Systems (FCS) 

13 program, to the extent the budget submission includes fund14 ing for such elements: 

15 (1) FCS Manned Ground Vehicles. 

16 (2) FCS Unmanned Ground Vehicles. 

17 (3) FCS Unmanned Aerial Systems. 

18 (4) FCS Unattended Ground Systems. 

19 (5) Other FCS elements. 

20 SEC. 112. RESTRICTION ON CONTRACT AWARDS FOR MAJOR 

21 ELEMENTS OF THE FUTURE COMBAT SYS22 TEMS PROGRAM. 

23 (a) CONTRACTING RESTRICTED.—For fiscal year 2009 

24 and any fiscal year thereafter, the Secretary of Defense and 

25 the Secretary of the Army may not award a contract for 

26 low-rate initial production or full-rate production of major 


jbell on PROD1PC69 with BILLS
25 

•HR 5658 RH

1 elements of the Future Combat Systems program to any en2 tity that is under contract to perform the role of lead sys3 tems integrator for the Future Combat Systems program. 

4 (b) INAPPLICABILITY TO NON-LINE OF SIGHT CAN5 NON.—Subsection (a) does not apply to contracts entered 

6 into in fiscal year 2009 or fiscal year 2010 for procurement 

7 of Non-Line of Sight Cannon vehicles. 

8 (c) INAPPLICABILITY TO EQUIPMENT PROCURED

9 THROUGH SELECTED ACQUISITION METHODS.—Subsection 

10 (a) does not apply to elements of the Future Combat Sys11 tems program— 

12 (1) acquired through the Army Rapid Equipping 

13 Force program; 

14 (2) acquired through the Joint Improved Explo15 sive Device Defeat Organization; or 

16 (3) acquired specifically to address an Oper17 ational Needs Statement or Joint Urgent Operational 

18 Needs Statement. 

19 (d) DEFINITIONS.—In this section: 

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

21 Combat Systems program’’ includes— 

22 (A) Future Combat Systems Manned 

23 Ground Vehicles; 

24 (B) Future Combat Systems Unmanned 

25 Ground Vehicles; 


jbell on PROD1PC69 with BILLS
26 

•HR 5658 RH

1 (C) Future Combat Systems Unmanned 

2 Aerial Vehicles; 

3 (D) Future Combat Systems Non-Line of 

4 Sight Missile Launchers; 

5 (E) Future Combat Systems Unattended 

6 Ground Sensors; and 

7 (F) Future Combat Systems equipment to 

8 upgrade vehicles and other equipment in the 

9 Army inventory as of October 1, 2008. 

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

11 meaning given such term in section 802(d) of the Na12 tional Defense Authorization Act for Fiscal Year 2008 

13 (Public Law 110–181). 

14 SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR 

15 ARMY TACTICAL RADIO PENDING REPORT. 

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

17 Defense for Networks and Information Integration shall 

18 submit to the congressional defense committees a report on 

19 Army tactical radio fielding plans by March 30, 2009. This 

20 report shall include, at a minimum, the following: 

21 (1) A description of the Army tactical radio 

22 fielding strategy, including a description of the over23 all mix of tactical radio systems and how they inte24 grate to provide communications and network capa25 bility. 


jbell on PROD1PC69 with BILLS
27 

•HR 5658 RH

1 (2) A detailed description of the current and fu2 ture mix of radios for Army infantry brigade combat 

3 teams, heavy brigade combat teams, Stryker brigade 

4 combat teams, and Future Combat Systems brigade 

5 combat teams. 

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

7 of radios for Army support brigades, headquarters ele8 ments, and training base. 

9 (4) A description of the Army’s plan to integrate 

10 joint tactical radio system radios, including the num11 ber of each type of joint tactical radio the Army plans 

12 to procure. 

13 (5) An assessment of the total cost of the Army’s 

14 tactical radio fielding strategy, including future pro15 curement of joint tactical radio systems. 

16 (b) RESTRICTION ON OBLIGATION OF FUNDS PENDING

17 REPORT.—Of the amounts appropriated pursuant to an 

18 authorization of appropriations in this Act or otherwise 

19 made available for fiscal year 2009 for Other Procurement, 

20 Army, for tactical radio systems, not more than 75 percent 

21 may be obligated or expended until 30 days after the report 

22 required by subsection (a) is received by the congressional 

23 defense committees. 


jbell on PROD1PC69 with BILLS
28 

•HR 5658 RH

1 SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT 

2 FUNDS FOR ARMED RECONNAISSANCE HELI3 COPTER PROGRAM PENDING CERTIFICATION. 

4 (a) CERTIFICATION REQUIRED.—The Under Secretary 

5 of Defense for Acquisition, Technology, and Logistics shall 

6 certify to the congressional defense committees that the 

7 Army Reconnaissance Helicopter has— 

8 (1) satisfactorily completed a Limited User Test; 

9 and 

10 (2) been approved to enter Milestone C. 

11 (b) RESTRICTION ON OBLIGATION OF FUNDS PENDING

12 CERTIFICATION.—Of the amounts appropriated pursuant 

13 to an authorization of appropriations in this Act or other14 wise made available for fiscal year 2009 for aircraft pro15 curement, Army, for the Armed Reconnaissance Helicopter, 

16 not more than 20 percent may be obligated until 30 days 

17 after the certification required by subsection (a) is received 

18 by the congressional defense committees. 

19 Subtitle C—Navy Programs 

20 SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE 

21 U.S.S. THEODORE ROOSEVELT. 

22 (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of 

23 the amount appropriated pursuant to the authorization of 

24 appropriations in section 102 or otherwise made available 

25 for shipbuilding, conversion, and repair, Navy, for fiscal 

26 year 2009, $124,500,000 is available for the commencement 


jbell on PROD1PC69 with BILLS
29 

•HR 5658 RH

1 of the nuclear refueling and complex overhaul of the U.S.S. 

2 Theodore Roosevelt (CVN–71) during fiscal year 2009. The 

3 amount made available in the preceding sentence is the first 

4 increment in the three-year funding planned for the nuclear 

5 refueling and complex overhaul of that vessel. 

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

7 Navy is authorized to enter into a contract during fiscal 

8 year 2009 for the nuclear refueling and overhaul of the 

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

10 (c) CONDITION FOR OUT-YEAR CONTRACT PAY11 MENTS.—A contract entered into under subsection (b) shall 

12 provide that any obligation of the United States to make 

13 a payment under the contract for a fiscal year after fiscal 

14 year 2009 is subject to the availability of appropriations 

15 for that purpose for that later fiscal year. 

16 SEC. 122. APPLICABILITY OF PREVIOUS TEAMING AGREE17 MENTS FOR VIRGINIA-CLASS SUBMARINE 

18 PROGRAM. 

19 Section 121 of the National Defense Authorization Act 

20 for Fiscal Year 2008 (Public Law 110–181) is amended in 

21 subsection (b)— 

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

23 end; 

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

25 the end and inserting ‘‘; and’’; and 


jbell on PROD1PC69 with BILLS
30 

•HR 5658 RH

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

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

3 defense committees a certification that the contract 

4 will be awarded to either the General Dynamics Elec5 tric Boat Division or the Northrop Grumman New6 port News Shipbuilding Division, with the other con7 tractor as the primary subcontractor to the contract, 

8 in accordance with the Team Agreement between the 

9 two companies, dated February 16, 1997, which was 

10 submitted to the Congress on March 31, 1997.’’. 

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

12 Section 124 of the National Defense Authorization Act 

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

14 3157), as amended by section 125 of the National Defense 

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

16 181; 122 Stat. 29), is amended in subsection (d) by adding 

17 at the end the following: 

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

19 costs attributable to economic inflation after Sep20 tember 30, 2007. However, in the case of a vessel the 

21 procurement of which is funded from amounts appro22 priated pursuant to an authorization of appropria23 tions or otherwise made available for fiscal year 2008 

24 or 2009, the amount of such an increase for such a 

25 vessel may not exceed $10,000,000. 


jbell on PROD1PC69 with BILLS
31 

•HR 5658 RH

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

2 costs of that vessel that are attributable to insertion 

3 of new technology into that vessel, as compared to the 

4 technology built into the first and second vessels, re5 spectively, of the Littoral Combat Ship (LCS) class of 

6 vessels. However, the Secretary of the Navy may make 

7 an adjustment under this paragraph only if— 

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

9 and certifies to the congressional defense commit10 tees, that insertion of the new technology would 

11 lower the life-cycle cost of the vessel; or 

12 ‘‘(B) (i) the Secretary of the Navy deter13 mines, and certifies to the congressional defense 

14 committees, that insertion of the new technology 

15 is required to meet an emerging threat; and 

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

17 those committees that such threat poses grave 

18 harm to national security.’’. 

19 SEC. 124. REPORT ON F/A–18 PROCUREMENT COSTS, COM20 PARING MULTIYEAR TO ANNUAL. 

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

22 Secretary of Defense shall submit to the congressional de23 fense committees a report on F/A–18 procurement. The re24 port shall include the following: 


jbell on PROD1PC69 with BILLS
32 

•HR 5658 RH

1 (1) The number of F/A–18E/F and EA–18G air2 craft programmed for procurement for fiscal years 

3 2010 through 2015. 

4 (2) The estimated procurement costs for those 

5 aircraft, if procured through annual procurement 

6 contracts. 

7 (3) The estimated procurement costs for those 

8 aircraft, if procured through a multiyear procurement 

9 contract. 

10 (4) The estimated savings that could be derived 

11 from the procurement of those aircraft through a 

12 multiyear procurement contract, and whether the Sec13 retary considers the amount of those savings to be 

14 substantial. 

15 (5) A discussion comparing the costs and benefits 

16 of obtaining those aircraft through annual procure17 ment contracts with the costs and benefits of obtain18 ing those aircraft through a multiyear procurement 

19 contract. 

20 (6) The recommendations of the Secretary as to 

21 whether Congress should authorize a multiyear pro22 curement contract for those aircraft. 

23 (b) CERTIFICATIONS REQUIRED.—Should the Sec24 retary recommend under subsection (a)(6) that Congress 

25 authorize a multiyear procurement contract for the aircraft, 


jbell on PROD1PC69 with BILLS
33 

•HR 5658 RH

1 the Secretary shall accompany the recommendation with 

2 the certifications required by section 2306b of title 10, 

3 United States Code, so as to enable to award of a multiyear 

4 procurement contract beginning with fiscal year 2010. 

5 (c) FUNDING.—Subject to the availability of appro6 priations, the Secretary of the Navy may obligate up to 

7 $100,000,000 of the amount authorized for procurement of 

8 F/A–18E/F or EA–18G aircraft for cost reduction initia9 tives (CRI) in fiscal year 2009. Such CRI funding may 

10 be applied to either single year or multiyear procurements 

11 of F/A–18 aircraft. 

12 Subtitle D—Air Force Programs 

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

14 (a) CERTIFICATION AND COST ANALYSIS REQUIRED.— 

15 The Secretary of the Air Force may not retire C–5A aircraft 

16 from the inventory of the Air Force in any number that 

17 would reduce the total number of such aircraft in the inven18 tory below 111 until 45 days after the Secretary of the Air 

19 Force submits to the congressional defense committees the 

20 following: 

21 (1) The Secretary’s certification that retiring the 

22 aircraft will not significantly increase operational 

23 risk of not meeting the National Defense Strategy. 

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

25 to be retired that— 


jbell on PROD1PC69 with BILLS
34 

•HR 5658 RH

1 (A) evaluates which alternative is more ef2 fective in meeting strategic airlift mobility re3 quirements— 

4 (i) to retire the aircraft; or 

5 (ii) to perform the Reliability En6 hancement and Re-engining Program 

7 (RERP) on the aircraft; and 

8 (B) evaluates the life-cycle cost of C–17 air9 craft to replace the capability of the aircraft to 

10 be retired. 

11 (b) ADDITIONAL REQUIREMENTS FOR COST ANAL12 YSIS.—The cost analysis required by subsection (a)(2) shall 

13 conform to the following requirements: 

14 (1) The cost analysis shall include one analysis 

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

16 that uses ‘‘then year dollars’’. 

17 (2) For each such analysis, the time period cov18 ered by the analysis shall be the expected service life 

19 of the aircraft concerned. 

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

21 evaluated shall include costs for— 

22 (A) planned technology insertions or up23 grades over the service life of the aircraft to meet 

24 emerging requirements; 

25 (B) research and development; 


jbell on PROD1PC69 with BILLS
35 

•HR 5658 RH

1 (C) testing; 

2 (D) procurement; 

3 (E) production; 

4 (F) production termination; 

5 (G) operations; 

6 (H) training; 

7 (I) maintenance; 

8 (J) sustainment; 

9 (K) military construction; 

10 (L) personnel; 

11 (M) cost of replacement due to attrition; 

12 and 

13 (N) disposal. 

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

15 following: 

16 (A) An assessment of the quality of each 

17 cost analysis. 

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

19 (i) The assumptions used. 

20 (ii) The benefits to be realized from 

21 each alternative. 

22 (iii) Adverse impacts to be realized 

23 from each alternative. 


jbell on PROD1PC69 with BILLS
36 

•HR 5658 RH

1 (iv) Cargo capacity, operational avail2 ability, departure reliability, and mission 

3 capability. 

4 (v) Aircraft basing. 

5 (vi) Aircrew ratios and associated 

6 training requirements. 

7 (vii) Performing RERP on only C–5B 

8 and C–5C aircraft. 

9 (C) A summary table that compares and 

10 contrasts each alternative with respect to each of 

11 the requirements of this subsection. 

12 (c) CONFORMING REPEAL.—Section 132 of the Na13 tional Defense Authorization Act for Fiscal Year 2004 (Pub14 lic Law 108–136; 117 Stat. 1411) is repealed. 

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

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

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

18 364; 120 Stat. 2114) is amended by striking ‘‘each KC– 

19 135E aircraft that is retired’’ and inserting ‘‘at least 46 

20 of the KC–135E aircraft retired’’. 

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

22 FOR PROCUREMENT OF TANKER AIRCRAFT. 

23 Section 135 of the National Defense Authorization Act 

24 for Fiscal Year 2004 (10 U.S.C. 2401a note) is repealed. 


jbell on PROD1PC69 with BILLS
37 

•HR 5658 RH

1 SEC. 134. REPORT ON PROCESSES USED FOR REQUIRE2 MENTS DEVELOPMENT FOR KC–(X). 

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

4 Air Force shall submit to the congressional defense commit5 tees a report on the processes used for requirements develop6 ment for the KC–(X). The report shall include— 

7 (1) an examination of the processes by which 

8 KC–(X) requirements were established; 

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

10 the comparative baseline for the KC–(X) competition; 

11 and 

12 (3) an evaluation of commercial derivative air13 craft in the 750,000 pounds maximum gross take-off 

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

15 weight range as a potential aerial refueling platform, 

16 which shall include an examination of pertinent aer17 ial refueling capabilities such as range, offload at 

18 range, and passenger/cargo capacity. 

19 Subtitle E—Joint and Multiservice 

20 Matters 

21 SEC. 141. BODY ARMOR ACQUISITION STRATEGY. 

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

23 shall designate an executive agent for procurement of body 

24 armor and associated components. 

25 (b) SEPARATE PROCUREMENT LINE ITEMS.—Effective 

26 for fiscal year 2010 and for each fiscal year thereafter, the 


jbell on PROD1PC69 with BILLS
38 

•HR 5658 RH

1 Secretary of Defense shall ensure that, within each procure2 ment account budget submission to the President, a sepa3 rate, dedicated procurement line item is designated for pro4 curement of body armor and associated components. 

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

6 of the enactment of this Act, the Under Secretary of Defense 

7 for Acquisition, Technology, and Logistics shall submit to 

8 the congressional defense committees a report that— 

9 (1) identifies the critical industrial base capac10 ity for body armor, to include all tiers of subcon11 tractor suppliers; 

12 (2) contains a plan for the long-term mainte13 nance of this industrial base capacity; and 

14 (3) identifies specific research and development 

15 objectives, priorities, and funding profiles for— 

16 (A) advances in the level of protection; 

17 (B) weight reduction; and 

18 (C) manufacturing productivity. 

19 SEC. 142. SMALL ARMS ACQUISITION STRATEGY AND RE20 QUIREMENTS REVIEW. 

21 (a) GAO AUDIT AND REPORT.—The Comptroller Gen22 eral of the United States shall audit the requirements gen23 eration process of the Department of Defense for small arms 

24 procurement to determine if there are statutory or regu25 latory barriers to developing a small arms procurement reVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
39 

•HR 5658 RH

1 quirement. Not later than October 1, 2009, the Comptroller 

2 General shall submit to the congressional defense committees 

3 a report on the results of the audit. 

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

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

6 the Secretary of Defense shall submit to the congressional 

7 defense committees a comprehensive report on the small 

8 arms industrial base. The report shall include the following: 

9 (1) The current inventory, acquisition objective, 

10 operational, and budgetary status of current small 

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

12 light, medium, and heavy machine guns. 

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

14 small arms modernization, with emphasis on a pos15 sible near term competition for a new pistol and car16 bine. 

17 (3) An analysis of current small arms research 

18 and development programs. 

19 (4) An analysis of current small arms capability 

20 gap assessments that have been finalized or are being 

21 pursued. 

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

23 arms’’— 


jbell on PROD1PC69 with BILLS
40 

•HR 5658 RH

1 (1) means man portable or vehicle mounted light 

2 weapons, designed primarily for use by individual 

3 military personnel for anti-personnel use; and 

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

5 medium, and heavy machine guns. 

6 SEC. 143. REQUIREMENT FOR COMMON GROUND STATIONS 

7 AND PAYLOADS FOR MANNED AND UN8 MANNED AERIAL VEHICLES. 

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

10 shall establish a policy and an acquisition strategy for in11 telligence, surveillance, and reconnaissance payloads and 

12 ground stations for manned and unmanned aerial vehicle 

13 systems, to be applicable throughout the Department of De14 fense, to achieve integrated research, development, test, and 

15 evaluation, and procurement commonality. 

16 (b) OBJECTIVES.—The policy and acquisition strategy 

17 required by subsection (a) shall have the following objec18 tives: 

19 (1) Procurement of common payloads by vehicle 

20 class, including— 

21 (A) signals intelligence; 

22 (B) electro optical; 

23 (C) synthetic aperture radar; 

24 (D) ground moving target indicator; 

25 (E) conventional explosive detection; 


jbell on PROD1PC69 with BILLS
41 

•HR 5658 RH

1 (F) foliage penetrating radar; 

2 (G) laser designator; 

3 (H) chemical, biological, radiological, nu4 clear, explosive detection; and 

5 (I) national airspace operations avionics or 

6 sensors, or both. 

7 (2) Commonality of ground systems by vehicle 

8 class. 

9 (3) Common management of vehicle and pay10 loads procurement. 

11 (4) Ground station interoperability standardiza12 tion. 

13 (5) Open source software code. 

14 (6) Acquisition of technical data rights in ac15 cordance with section 2320 of title 10, United States 

16 Code. 

17 (7) Acquisition of vehicles, payloads, and ground 

18 stations through competitive procurement. 

19 (c) AFFECTED SYSTEMS.—For the purposes of this sec20 tion, the manned and unmanned aerial vehicle classes and 

21 types of manned and unmanned aerial vehicles within each 

22 class are as follows: 

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

24 Scan Eagle. 

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


jbell on PROD1PC69 with BILLS
42 

•HR 5658 RH

1 (3) Medium altitude class: Vehicles such as MQ– 

2 1, MQ–1C, MQ–5, MQ–8, MQ–9, and Warrior Alpha. 

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

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

5 Angel Fire, Special Project Aircraft, Aerial Common 

6 Sensor, EP–3, Scathe View, Compass Call, and Rivet 

7 Joint. 

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

9 policy and acquisition strategy required by subsection (a) 

10 in consultation with the Chairman of the Joint Chiefs of 

11 Staff. 

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

13 of the enactment of this Act, the Secretary shall submit to 

14 the congressional defense committees, the Permanent Select 

15 Committee on Intelligence of the House of Representatives, 

16 and the Select Committee on Intelligence of the Senate a 

17 report containing— 

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

19 (2) the acquisition strategy required by sub20 section (a). 

21 TITLE II—RESEARCH, DEVELOP22 MENT, TEST, AND EVALUA23 TION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for defense science and technology. 


jbell on PROD1PC69 with BILLS
43 

•HR 5658 RH

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. 

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. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2009 for the use of the Department of Defense for 

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

7 (1) For the Army, $10,683,695,000. 

8 (2) For the Navy, $19,769,738,000. 


jbell on PROD1PC69 with BILLS
44 

•HR 5658 RH

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

2 (4) For Defense-wide activities, $21,033,651,000, 

3 of which $188,772,000 is authorized for the Director 

4 of Operational Test and Evaluation. 

5 SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH6 NOLOGY. 

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

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

9 available for the Defense Science and Technology Program, 

10 including basic research, applied research, and advanced 

11 technology development projects. 

12 (b) BASIC RESEARCH, APPLIED RESEARCH, AND AD13 VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur14 poses of this section, the term ‘‘basic research, applied re15 search, and advanced technology development’’ means work 

16 funded in program elements for defense research and devel17 opment under Department of Defense budget activity 1, 2, 

18 or 3. 

19 Subtitle B—Program Requirements, 

20 Restrictions, and Limitations 

21 SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS 

22 PART OF FUTURE COMBAT SYSTEMS MILE23 STONE REVIEW. 

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

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


jbell on PROD1PC69 with BILLS
45 

•HR 5658 RH

1 364; 120 Stat. 2123) is amended by striking paragraphs 

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

3 ‘‘(4) Whether actual demonstrations, rather than 

4 simulations, have shown that the software for the pro5 gram is on a path to achieve threshold requirements 

6 on cost and schedule. 

7 ‘‘(5) Whether the program’s planned major com8 munications network demonstrations are sufficiently 

9 complex and realistic to inform major program deci10 sion points. 

11 ‘‘(6) The extent to which Future Combat Systems 

12 manned ground vehicle survivability will be reduced 

13 in a degraded Future Combat Systems communica14 tions network environment. 

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

16 Future Combat Systems manned ground vehicle crew 

17 survivability is significantly reduced. 

18 ‘‘(8) The extent to which the Future Combat Sys19 tems communications network will be able to with20 stand network attack, jamming, or other interference. 

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

22 including all spin outs, and an assessment of the con23 fidence level for that estimate. 


jbell on PROD1PC69 with BILLS
46 

•HR 5658 RH

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

2 program is, given projected Army budgets, based on 

3 that cost estimate.’’. 

4 SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMU5 NICATIONS NETWORK AND SOFTWARE. 

6 (a) REPORT REQUIRED.—Not later than July 1, 2009, 

7 the Assistant Secretary of Defense, Networks and Informa8 tion Integration, shall submit to the congressional defense 

9 committees a report providing an assessment of the Future 

10 Combat Systems communications network and software. 

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

12 (1) An assessment of the vulnerability of the Fu13 ture Combat Systems communications network and 

14 software to enemy network attack, in particular the 

15 impact of the use of significant amounts of commer16 cial software in Future Combat Systems software. 

17 (2) An assessment of the vulnerability of the Fu18 ture Combat Systems communications network to 

19 electronic warfare, jamming, and other potential 

20 enemy interference. 

21 (3) An assessment of the vulnerability of the Fu22 ture Combat Systems communications network to ad23 verse weather and complex terrain. 

24 (4) An assessment of the Future Combat Systems 

25 communication network’s dependence on satellite comVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
47 

•HR 5658 RH

1 munications support, and an assessment of the net2 work’s performance in the absence of assumed levels 

3 of satellite communications support. 

4 (5) An assessment of the performance of the Fu5 ture Combat Systems communications network when 

6 operating in a degraded condition due to the factors 

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

8 how such a degraded network environment would im9 pact the performance of Future Combat Systems bri10 gades and the survivability of Future Combat Sys11 tems manned ground vehicles. 

12 (b) INCLUSION OF CLASSIFIED ANNEX.—The report re13 quired by subsection (a) may include a classified annex at 

14 the discretion of the Assistant Secretary, for the purpose 

15 of providing the assessments required, or to provide addi16 tional supporting information. 

17 SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VE18 HICLE SELECTED ACQUISITION REPORTS. 

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

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

21 than February 15 of the year, submit a selected acquisition 

22 report for each Future Combat Systems manned ground ve23 hicle variant. 

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

25 subsection (a) shall include the same information required 


jbell on PROD1PC69 with BILLS
48 

•HR 5658 RH

1 in comprehensive annual selected acquisition reports for 

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

3 title 10, United States Code. 

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

5 ground vehicle variant’’ includes the eight distinct variants 

6 of manned ground vehicle designated on pages seven and 

7 eight of the Future Combat Systems selected acquisition re8 port of the Department of Defense dated December 31, 2007, 

9 and any additional manned ground vehicle variants des10 ignated in Future Combat Systems acquisition reports of 

11 the Department of Defense after the date of the enactment 

12 of this Act. 

13 SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DE14 VELOPMENT, TEST, AND EVALUATION LINE 

15 ITEMS AND PROGRAM ELEMENTS FOR SKY 

16 WARRIOR UNMANNED AERIAL SYSTEMS 

17 PROJECT. 

18 Effective for fiscal year 2010 and for each fiscal year 

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

20 Department of Defense’s annual budget submission to the 

21 President, within both the account for procurement and the 

22 account for research, development, test, and evaluation, a 

23 separate, dedicated line item and program element is des24 ignated for the Sky Warrior Unmanned Aerial Systems 


jbell on PROD1PC69 with BILLS
49 

•HR 5658 RH

1 project, to the extent such accounts include funding for such 

2 project. 

3 SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR 

4 THE WARFIGHTER INFORMATION NETWORK—

5 TACTICAL PROGRAM. 

6 (a) NOTIFICATION REQUIRED.—The Under Secretary 

7 of Defense for Acquisition, Technology, and Logistics shall 

8 notify the congressional defense committees within five days 

9 after the completion of all of the following actions: 

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

11 acquisition program baseline for the Warfighter Infor12 mation Network-Tactical (WIN–T) Increment 3 pro13 gram. 

14 (2) Completion of the independent cost estimate 

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

16 Analysis Improvement Group, as required by the 

17 June 5, 2007 recertification by the Under Secretary. 

18 (3) Completion of the technology readiness assess19 ment of the WIN–T Increment 3 program by the Di20 rector, Defense Research and Engineering, as required 

21 by the June 5, 2007 recertification by the Under Sec22 retary. 

23 (b) RESTRICTION ON OBLIGATION OF FUNDS PENDING

24 NOTIFICATION.—Of the amounts appropriated pursuant to 

25 an authorization of appropriations in this Act or otherwise 


jbell on PROD1PC69 with BILLS
50 

•HR 5658 RH

1 made available for research, development, test, and evalua2 tion, Army, for fiscal year 2009 for the WIN–T Increment 

3 3 program, not more than 20 percent of those amounts may 

4 be obligated or expended until 15 days after the notification 

5 required by subsection (a) is received by the congressional 

6 defense committees. 

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

8 JOINT CARGO AIRCRAFT EXPENDITURES. 

9 Of the amounts appropriated pursuant to an author10 ization of appropriations in this Act or otherwise made 

11 available for fiscal year 2009 or any fiscal year thereafter 

12 for the Army, the Secretary of the Army may fund the fol13 lowing Joint Cargo Aircraft expenditures only through 

14 amounts made available for procurement or for research, 

15 development, test, and evaluation: support equipment, ini16 tial spares, training simulators, systems engineering and 

17 management, and post-production modifications. 

18 Subtitle C—Missile Defense 

19 Programs 

20 SEC. 221. INDEPENDENT STUDY OF BOOST PHASE MISSILE 

21 DEFENSE. 

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

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

24 of Defense shall enter into an agreement with a Federally 

25 Funded Research and Development Center to conduct an 


jbell on PROD1PC69 with BILLS
51 

•HR 5658 RH

1 independent study of concepts and systems for boost phase 

2 missile defense. 

3 (b) REQUIREMENTS FOR STUDY.— 

4 (1) SYSTEMS TO BE EXAMINED.—The study re5 quired by subsection (a) shall examine each of the fol6 lowing systems: 

7 (A) The Airborne Laser. 

8 (B) The Kinetic Energy Interceptor (land9 and sea-based options). 

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

11 shall evaluate each system based on the following fac12 tors: 

13 (A) Technical capability of the system 

14 against scenarios identified in paragraph (3)(A). 

15 (B) Operational issues, including oper16 ational effectiveness. 

17 (C) Results of key milestone tests in fiscal 

18 year 2009 and fiscal years prior. 

19 (D) Survivability. 

20 (E) Suitability. 

21 (F) Concept-of-Operations, including basing 

22 considerations. 

23 (G) Operations and maintenance support. 

24 (H) Command-and-Control. 

25 (I) Shortfall from intercepts. 


jbell on PROD1PC69 with BILLS
52 

•HR 5658 RH

1 (J) Force structure requirements. 

2 (K) Effectiveness against countermeasures. 

3 (L) Estimated cost of sustaining the system 

4 in the field. 

5 (M) Total lifecycle cost estimates. 

6 (3) SCENARIOS TO BE ASSESSED.— 

7 (A) IN GENERAL.—The study shall include, 

8 for each system, an assessment of the operational 

9 capabilities of the system— 

10 (i) to counter short-, medium-, and in11 termediate-range ballistic missile threats to 

12 the deployed forces of the United States and 

13 its friends and allies from rogue 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 capa24 bilities of the boost phase missile defense systems 

25 to counter those threats. For purposes of this subVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
53 

•HR 5658 RH

1 paragraph, the non-boost missile defense systems 

2 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 efforts 

16 to date and feasibility of the currently funded 

17 boost phase missile defense systems, using the 

18 factors outlined in paragraph (2). 

19 (B) Assessment of the cost and benefits of 

20 the currently funded boost phase missile defense 

21 systems. 

22 (C) A recommended strategy for boost phase 

23 missile defense investment over the Future Years 

24 Defense Program. 


jbell on PROD1PC69 with BILLS
54 

•HR 5658 RH

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 Develop6 ment 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 on 

14 its findings, conclusions, and recommendations. The report 

15 shall be in unclassified form, but may include a classified 

16 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 acquisition 

21 of the second Airborne Laser aircraft until 60 days after 

22 the report required by this section is submitted. 


jbell on PROD1PC69 with BILLS
55 

•HR 5658 RH

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 be 

6 appropriated by this Act or otherwise made available for 

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

8 year thereafter may be obligated or expended for procure9 ment, site activation, construction, preparation of equip10 ment for, or deployment of a long-range missile defense sys11 tem in Europe until the following conditions have been met: 

12 (1) The Government of Poland and the Govern13 ment of the Czech Republic have each signed and rati14 fied the missile defense basing agreements and status 

15 of forces agreements that allow for the stationing, in 

16 their respective countries, of the United States missile 

17 defense assets and personnel needed to carry out the 

18 proposed deployment. 

19 (2) Forty-five days have elapsed following the re20 ceipt by the congressional defense committees of the 

21 report required by section 226(c)(6) of the National 

22 Defense Authorization Act for Fiscal Year 2008 (Pub23 lic Law 110–181). 

24 (b) ADDITIONAL LIMITATION.—In addition to the limi25 tation in subsection (a), no funds authorized to be appro26 priated by this Act or otherwise made available for the DeVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
56 

•HR 5658 RH

1 partment of Defense for fiscal year 2009 may be obligated 

2 or expended for the acquisition or deployment of oper3 ational missiles of a long-range missile defense system in 

4 Europe until the Secretary of Defense, after receiving the 

5 views of the Director of Operational Test and Evaluation, 

6 submits to the congressional defense committees a report 

7 certifying that the proposed interceptor to be deployed as 

8 part of such missile defense system has demonstrated, 

9 through successful, operationally realistic flight testing, a 

10 high probability of working in an operationally effective 

11 manner and the ability to accomplish the mission. 

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

13 construed to limit continuing obligation and expenditure 

14 of funds for missile defense, including for research and de15 velopment and for other activities not otherwise limited by 

16 subsection (a) or (b), including, but not limited to, site sur17 veys, studies, analysis, and planning and design for the 

18 proposed missile defense deployment in Europe. 

19 Subtitle D—Other Matters 

20 SEC. 231. OVERSIGHT OF TESTING OF PERSONNEL PROTEC21 TIVE EQUIPMENT BY DIRECTOR, OPER22 ATIONAL TEST AND EVALUATION. 

23 (a) RESPONSIBILITIES OF THE DIRECTOR, OPER24 ATIONAL TEST AND EVALUATION, WITH RESPECT TO PERVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
57 

•HR 5658 RH

1 SONNEL PROTECTIVE EQUIPMENT.—Section 139 of title 10, 

2 United States Code, is amended— 

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

4 following: 

5 ‘‘(C) The term ‘covered system’ means a De6 partment of Defense acquisition program that is 

7 a covered system for purposes of section 2366 of 

8 this title or that is an item of personnel protec9 tive equipment designated as a covered system by 

10 the Secretary of Defense, or the Secretary’s des11 ignee, for purposes of this section.’’; and 

12 (2) in subsection (b)— 

13 (A) by striking paragraph (3); 

14 (B) by redesignating paragraphs (4) 

15 through (7) as (3) through (6), respectively; and 

16 (C) by amending paragraph (6) (as so re17 designated) to read as follows: 

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

19 lethality testing of covered systems, major munition 

20 programs, and covered product improvement pro21 grams of the Department of Defense provided under 

22 section 2366 of this title.’’. 

23 (b) INCLUSION OF PERSONNEL PROTECTIVE EQUIP24 MENT IN SURVIVABILITY TESTING REQUIRED BEFORE


jbell on PROD1PC69 with BILLS
58 

•HR 5658 RH

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

2 United States Code, is amended— 

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

4 to read as follows: 

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

6 ‘‘(A) a vehicle, weapon platform, or conven7 tional weapon system— 

8 ‘‘(i) that includes features designed to 

9 provide some degree of protection to users in 

10 combat; and 

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

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

13 this title; or 

14 ‘‘(B) an item of personnel protective equip15 ment designated as a covered system in accord16 ance with section 139(a)(2)(C) of this title.’’; and 

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

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

19 case of an item of personnel protective equipment des20 ignated as a covered system, if, before a decision to proceed 

21 beyond low rate initial production, a decision is made with22 in the Department of Defense to proceed to operational use 

23 of that equipment or to make procurement funds available 

24 for that equipment— 


jbell on PROD1PC69 with BILLS
59 

•HR 5658 RH

1 ‘‘(1) the milestone decision authority (as defined 

2 in Department of Defense Directive 5000.1, dated 

3 May 12, 2003) for the associated acquisition program 

4 shall notify the Director of Operational Test and 

5 Evaluation of such a decision, along with supporting 

6 rationale; and 

7 ‘‘(2) the Director of Operational Test and Eval8 uation shall submit to the Secretary of Defense and 

9 the congressional defense committees the report re10 quired by subsection (d) as soon as practicable.’’. 

11 SEC. 232. ASSESSMENT OF THE HISTORICALLY BLACK COL12 LEGES AND UNIVERSITIES AND MINORITY 

13 SERVING INSTITUTIONS PROGRAM. 

14 (a) ASSESSMENT REQUIRED.—The Secretary of De15 fense shall— 

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

17 Historically Black Colleges and Universities and Mi18 nority Serving Institutions (HBCU/MI) to partici19 pate in research, development, test, and evaluation 

20 programs for the Department of Defense; and 

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

22 of the enactment of this Act, submit to the congres23 sional defense committees a report on the assessment. 

24 (b) MATTERS ASSESSED.—The report under subsection 

25 (a) shall include the following: 


jbell on PROD1PC69 with BILLS
60 

•HR 5658 RH

1 (1) Summarized findings and lessons learned 

2 from HBCU/MI programs based on contracts, grants, 

3 or cooperative agreement awards. 

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

5 outcomes and impacts, of those programs to the re6 search mission of the Department. 

7 (3) An assessment of the national and regional 

8 conferences held annually to provide technical assist9 ance and information regarding research, develop10 ment, test, and evaluation activities of the Depart11 ment, including the following: 

12 (A) The number of such conferences held 

13 over the last three years, and a description of 

14 each such conference, to include a description of 

15 activities conducted to meet the goals of the con16 ference. 

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

18 such conferences from the perspective both of the 

19 Department and of the attending institutions. 

20 (C) An assessment as to whether such con21 ferences are appropriately targeted to institu22 tions that have not historically received con23 tracts, grants or cooperative agreements with the 

24 Department. 


jbell on PROD1PC69 with BILLS
61 

•HR 5658 RH

1 (4) As directed in Executive Order 13256, a plan 

2 documenting the Department’s effort in increasing the 

3 capacity of HBCU/MIs to participate in the research 

4 programs of the Department. 

5 (5) Any other matters the Secretary considers 

6 appropriate. 

7 SEC. 233. TECHNOLOGY-NEUTRAL INFORMATION TECH8 NOLOGY GUIDELINES AND STANDARDS TO 

9 SUPPORT FULLY INTEROPERABLE ELEC10 TRONIC PERSONAL HEALTH INFORMATION 

11 FOR THE DEPARTMENT OF DEFENSE AND DE12 PARTMENT OF VETERANS AFFAIRS. 

13 (a) IN GENERAL.—Section 1635 of the National De14 fense Authorization Act for Fiscal Year 2008 (Public Law 

15 110–181; 122 Stat. 460; 10 U.S.C. 1071 note) is amended— 

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

17 following: 

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

19 of interoperability and security of technologies 

20 for sharing healthcare information among the 

21 Department of Defense, the Department of Vet22 erans Affairs, and their transaction partners. 

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

24 problems the Department of Defense and the De25 partment of Veterans Affairs are having with, 


jbell on PROD1PC69 with BILLS
62 

•HR 5658 RH

1 and the progress such agencies are making to2 ward, ensuring interoperable and secure 

3 healthcare information systems and electronic 

4 healthcare records.’’. 

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

6 ‘‘(j) TECHNOLOGY-NEUTRAL GUIDELINES AND STAND7 ARDS.— 

8 ‘‘(1) IN GENERAL.—The Director, in consultation 

9 with industry and appropriate Federal agencies, shall 

10 develop, or shall adopt from industry, technology-neu11 tral information technology infrastructure guidelines 

12 and standards for use by the Department of Defense 

13 and the Department of Veterans Affairs to enable 

14 those agencies to effectively select and utilize informa15 tion technologies to meet the requirements of this sec16 tion, in a manner that is— 

17 ‘‘(A) interoperable; 

18 ‘‘(B) inclusive of ongoing Federal efforts 

19 that provide technical expertise to harmonize ex20 isting standards and assist in the development of 

21 interoperability specifications; and 

22 ‘‘(C) consistent with relevant guidance and 

23 directives for the development of information 

24 technology systems with the Department of De25 fense and the Department of Veterans Affairs. 


jbell on PROD1PC69 with BILLS
63 

•HR 5658 RH

1 ‘‘(2) ELEMENTS.—The guidelines and standards 

2 developed or adopted under subsection (a) shall— 

3 ‘‘(A) promote the use by commercially 

4 available and open source products to incor5 porate those guidelines and standards; 

6 ‘‘(B) develop uniform testing procedures 

7 suitable for determining the conformance of com8 mercially available and other Federally devel9 oped healthcare information technology products 

10 with the guidelines and standards; 

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

12 electronic healthcare information technologies 

13 utilized by the Department of Defense and the 

14 Department of Veterans Affairs; 

15 ‘‘(D) provide protection and security pro16 files; 

17 ‘‘(E) establish a core set of specifications in 

18 transactions between Federal agencies and their 

19 transaction partners; and 

20 ‘‘(F) include validation criteria to enable 

21 Federal agencies to select healthcare information 

22 technologies appropriate to their needs. 

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

24 the Director shall submit to the Secretary of Defense 

25 and the Secretary of Veterans Affairs, and to the apVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
64 

•HR 5658 RH

1 propriate congressional committees, a report identi2 fying the guidelines and standards developed or 

3 adopted under this subsection. The report shall in4 clude— 

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

6 working with the Business Transformation Agen7 cy to integrate these standards into the Enter8 prise Transition Plan for the Department of De9 fense; and 

10 ‘‘(B) a synchronization roadmap showing 

11 the timeline for the deployment of applicable ex12 isting and planned healthcare information tech13 nology systems and how they will implement 

14 these standards.’’. 

15 (b) COMPLIANCE WITH REQUIREMENTS.—The amend16 ments made by subsection (a) shall not impede the Sec17 retary of Defense, the Secretary of Veterans Affairs, and the 

18 interagency program office from ensuring that the require19 ments of subsection (d) of section 1635 of that Act, includ20 ing the date specified in that subsection, are met. 

21 SEC. 234. REPEAL OF REQUIREMENT FOR TECHNOLOGY 

22 TRANSITION INITIATIVE. 

23 (a) ASSESSMENT REQUIRED.— 

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

25 2009, the Under Secretary of Defense for Acquisition, 


jbell on PROD1PC69 with BILLS
65 

•HR 5658 RH

1 Technology, and Logistics shall assess the feasibility 

2 of consolidating various technology transition ac3 counts into a unified effort managed by a senior offi4 cial of the Department of Defense. 

5 (2) OSD PROGRAMS INCLUDED.—Such assess6 ment shall include, but shall not be limited to, the fol7 lowing programs within the Office of the Secretary of 

8 Defense: Technology Transition Initiative, Foreign 

9 Comparative Test, Defense Acquisition Challenge Pro10 gram, Quick Reaction Fund, Manufacturing Tech11 nology, Joint Capability Technology Demonstrations, 

12 Defense Technology Link, Joint Capability Tech13 nology Demonstration Transition Program, Defense 

14 Acquisition Executive, Rapid Reaction Fund, and 

15 Operational Experimentation Division. 

16 (3) MILITARY DEPARTMENT PROGRAMS IN17 CLUDED.—Such assessment shall also include, as ap18 propriate, the technology transition initiatives of the 

19 military departments. 

20 (b) INITIATIVE REQUIREMENT REPEALED.— 

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

22 United States Code, is amended— 

23 (A) by amending the section heading to 

24 read as follows: 


jbell on PROD1PC69 with BILLS
66 

•HR 5658 RH

1 ‘‘§ 2359a. Technology Transition Council’’; 

2 (B) by striking subsections (a), (b), (c), (d), 

3 (e), (f), and (h); and 

4 (C) by redesignating subsections (g) and (i) 

5 as (a) and (b), respectively. 

6 (2) CONFORMING AMENDMENT.—The table of sec7 tions at the beginning of chapter 139 of title 10, 

8 United States Code, is amended by striking the item 

9 relating to section 2359a and inserting the following 

10 new item: 

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

11 SEC. 235. TRUSTED DEFENSE SYSTEMS. 

12 (a) ASSESSMENT REQUIRED.—The Secretary of De13 fense shall conduct a comprehensive assessment of covered 

14 acquisition programs to identify vulnerabilities in the sup15 ply chain of each program’s information processing systems 

16 that potentially compromise the level of trust in such sys17 tems. Such assessment shall also— 

18 (1) assess vulnerabilities at multiple levels of the 

19 information processing system, including but not lim20 ited to, microcircuits, software, and firmware; 

21 (2) prioritize the potential vulnerabilities and 

22 impacts of the various elements and stages of the sys23 tem supply chain to identify the most effective bal24 ance of investments to minimize the effects of com25 promise; 


jbell on PROD1PC69 with BILLS
67 

•HR 5658 RH

1 (3) provide recommendations regarding ways to 

2 improve trust in the supply chain for covered acquisi3 tion programs; and 

4 (4) identify the appropriate lead, and sup5 porting elements, within the Department of Defense 

6 for the development of an integrated strategy for en7 suring trust in the supply chain for acquisition pro8 grams. 

9 (b) STRATEGY REQUIRED.—The lead identified pursu10 ant to subsection (a)(4), in cooperation with the supporting 

11 elements also identified by the Secretary of Defense, shall 

12 develop an integrated strategy for ensuring trust in the sup13 ply chain for acquisition programs. Such strategy shall— 

14 (1) address the vulnerabilities identified by the 

15 Secretary’s assessment under subsection (a); 

16 (2) reflect the priorities identified by such assess17 ment; 

18 (3) be executable by the defense acquisition com19 munity; and 

20 (4) be sufficiently specific to provide guidance 

21 for the planning, programming, budgeting, and execu22 tion process in order to ensure acquisition programs 

23 have the necessary resources to implement all appro24 priate elements of the strategy. 


jbell on PROD1PC69 with BILLS
68 

•HR 5658 RH

1 (c) INTERIM POLICY FOR APPLICATION SPECIFIC IN2 TEGRATED CIRCUITS.—Not later than 180 days after the 

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

4 shall issue a policy requiring covered trusted systems to em5 ploy only trusted foundry services to fabricate their custom 

6 designed integrated circuits. 

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

8 months after the date of the enactment of this Act, the Sec9 retary of Defense shall submit to the congressional defense 

10 committees— 

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

12 and 

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

14 (e) DEFINITIONS.—In this section: 

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

16 means a Department of Defense acquisition program 

17 that is a major system for purposes of section 2302(5) 

18 of title 10, United States Code, and— 

19 (A) has not yet entered low-rate initial pro20 duction, as defined in section 2400 of title 10, 

21 United States Code; or 

22 (B) is currently in production or no longer 

23 in production, and information processing sys24 tem upgrades are still planned over the life cycle 

25 of the system. 


jbell on PROD1PC69 with BILLS
69 

•HR 5658 RH

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

2 high confidence by the Department of Defense in the 

3 national ability to secure national security systems 

4 by assessing the integrity of the people and processes 

5 used to design, generate, manufacture, and distribute 

6 national security critical components. 

7 (3) The term ‘‘covered trusted systems’’ means— 

8 (A) all Mission Assurance Category I sys9 tems, as defined in Department of Defense Direc10 tive 8500.01E and associated Department of De11 fense Instruction 8500.2; and 

12 (B) any other system identified by the Sec13 retary of Defense as a system— 

14 (i) that is vital to mission effectiveness 

15 or operational readiness of deployed or con16 tingency forces; 

17 (ii) the loss or degradation of which re18 sults in immediate and sustained loss of 

19 mission effectiveness; 

20 (iii) that is highly accurate and highly 

21 available; and 

22 (iv) for which the most stringent pro23 tection measures are required. 

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

25 the program co-funded by the National Security 


jbell on PROD1PC69 with BILLS
70 

•HR 5658 RH

1 Agency and the Department of Defense, through pro2 gram element 0605140D8Z, or any such similar pro3 gram approved by the Secretary of Defense. 

4 SEC. 236. LIMITATION ON OBLIGATION OF FUNDS FOR EN5 HANCED AN/TPQ–36 RADAR SYSTEM PENDING 

6 SUBMISSION OF REPORT. 

7 Of the amounts appropriated pursuant to section 

8 201(1) of this Act or otherwise made available for fiscal 

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

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

11 more than 70 percent of the amounts remaining unobligated 

12 as of the date of the enactment of this Act may be obligated 

13 until the Secretary of the Army submits to the congressional 

14 defense committees a report describing the plan to transi15 tion the Counter-Rockets, Artillery, and Mortars program 

16 to a program of record. 

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

18 JOINT APPROACH FOR FUTURE DEVELOP19 MENT OF VERTICAL LIFT AIRCRAFT AND 

20 ROTORCRAFT. 

21 (a) ASSESSMENT REQUIRED.—The Secretary of De22 fense and the Chairman of the Joint Chiefs of Staff shall 

23 carry out a capabilities-based assessment that outlines a 

24 joint approach to the future development of vertical lift airVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
71 

•HR 5658 RH

1 craft and rotorcraft for all of the military services. The as2 sessment shall— 

3 (1) address critical technologies required for fu4 ture development, including a technology roadmap; 

5 (2) include the development of a strategic plan 

6 that— 

7 (A) formalizes the Department of Defense’s 

8 strategic vision for the next generation of De9 partment of Defense vertical lift aircraft and 

10 rotorcraft; 

11 (B) establishes joint requirements for the 

12 next generation of Department of Defense 

13 vertical lift aircraft and rotorcraft technology; 

14 and 

15 (C) emphasizes the development of common 

16 service requirements; and 

17 (3) include the development of a detailed science 

18 and technology investment and implementation plan 

19 and an identification of the resources required to im20 plement it. 

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

22 submit to the congressional defense committees a report on 

23 the assessment under subsection (a). The report shall in24 clude— 


jbell on PROD1PC69 with BILLS
72 

•HR 5658 RH

1 (1) the technology roadmap referred to in sub2 section (a)(1); 

3 (2) the strategic plan referred to in subsection 

4 (a)(2); 

5 (3) the plan and the identification of resources 

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

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

8 Lift Aircraft/Rotorcraft Office based on lessons 

9 learned from the Joint Advanced Strike Technology 

10 (JAST) Office. 

11 SEC. 238. AVAILABILITY OF FUNDS FOR PROMPT GLOBAL 

12 STRIKE CAPABILITY DEVELOPMENT. 

13 (a) IN GENERAL.—Notwithstanding any other provi14 sion of this Act, funds for conventional prompt global strike 

15 capability development are authorized by this Act only for 

16 those activities expressly delineated in the expenditure plan 

17 for fiscal years 2008 and 2009 that was required by section 

18 243 of the National Defense Authorization Act for Fiscal 

19 Year 2008 (Public Law 110–181; 122 Stat. 51; 10 U.S.C. 

20 113 note) and submitted to the congressional defense com21 mittees and dated March 24, 2008, or those activities other22 wise expressly authorized by Congress. 

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

24 to the congressional defense committees, concurrently with 

25 the President’s budget request for fiscal year 2010, a report 


jbell on PROD1PC69 with BILLS
73 

•HR 5658 RH

1 that describes each conventional prompt global strike con2 cept that— 

3 (1) has been, or will be, affected by the tech4 nology applications developed pursuant to conven5 tional prompt global strike activities within fiscal 

6 year 2009; and 

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

8 conventional prompt global strike concept decision in 

9 fiscal year 2010. 

10 TITLE III—OPERATION AND 

11 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. 

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. 


jbell on PROD1PC69 with BILLS
74 

•HR 5658 RH

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. 

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. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2009 for the use of the Armed Forces and other 


jbell on PROD1PC69 with BILLS
75 

•HR 5658 RH

1 activities and agencies of the Department of Defense for ex2 penses, not otherwise provided for, for operation and main3 tenance, in amounts as follows: 

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

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

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

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

8 (5) For Defense-wide activities, $25,806,657,000. 

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

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

11 (8) For the Marine Corps Reserve, $213,131,000. 

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

13 (10) For the Army National Guard, 

14 $5,900,346,000. 

15 (11) For the Air National Guard, 

16 $5,929,576,000. 

17 (12) For the United States Court of Appeals for 

18 the Armed Forces, $13,254,000. 

19 (13) For Environmental Restoration, Army, 

20 $447,776,000. 

21 (14) For Environmental Restoration, Navy, 

22 $290,819,000. 

23 (15) For Environmental Restoration, Air Force, 

24 $496,277,000. 


jbell on PROD1PC69 with BILLS
76 

•HR 5658 RH

1 (16) For Environmental Restoration, Defense2 wide, $13,175,000. 

3 (17) For Environmental Restoration, Formerly 

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

5 (18) For Overseas Humanitarian, Disaster, and 

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

7 (19) For Cooperative Threat Reduction pro8 grams, $445,135,000. 

9 (20) For the Overseas Contingency Operations 

10 Transfer Fund, $9,101,000. 

11 Subtitle B—Environmental 

12 Provisions 

13 SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE 

14 PARTICIPATION IN CONSERVATION BANKING 

15 PROGRAMS. 

16 (a) PARTICIPATION AUTHORIZED.—Chapter 159 of 

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

18 section 2694b the following new section: 

19 ‘‘§ 2694c. Participation in conservation banking pro20 grams 

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

22 availability of appropriated funds to carry out this section, 

23 the Secretary concerned, when engaged or proposing to en24 gage in an activity described in subsection (b) that may 

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


jbell on PROD1PC69 with BILLS
77 

•HR 5658 RH

1 protected (or pending protection) under any applicable pro2 vision of law, or habitat for such species, may make pay3 ments to a conservation banking program or ‘in-lieu-fee’ 

4 mitigation sponsor approved in accordance with— 

5 ‘‘(1) the Federal Guidance for the Establishment, 

6 Use and Operation of Mitigation Banks (60 Fed. Reg. 

7 58605; November 28, 1995); 

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

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

10 24753; May 2, 2003); 

11 ‘‘(3) the Federal Guidance on the Use of In-Lieu12 Fee Arrangements for Compensatory Mitigation 

13 Under Section 404 of the Clean Water Act and Sec14 tion 10 of the Rivers and Harbors Act (65 Fed. Reg. 

15 66915; November 7, 2000); or 

16 ‘‘(4) any successor or related administrative 

17 guidance or regulation. 

18 ‘‘(b) COVERED ACTIVITIES.—Payments to a conserva19 tion banking program or ‘in-lieu-fee’ mitigation sponsor 

20 under subsection (a) may be made only for the purpose of 

21 facilitating one or more of the following activities: 

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

23 other military activity. 

24 ‘‘(2) Military construction. 


jbell on PROD1PC69 with BILLS
78 

•HR 5658 RH

1 ‘‘(c) TREATMENT OF AMOUNTS FOR CONSERVATION

2 BANKING.—Payments made under subsection (a) to a con3 servation banking program or ‘in-lieu-fee’ mitigation spon4 sor for the purpose of facilitating military construction 

5 may be treated as eligible costs of the military construction 

6 project. 

7 ‘‘(d) SECRETARY CONCERNED DEFINED.—In this sec8 tion, the term ‘Secretary concerned’ means— 

9 ‘‘(1) the Secretary of a military department; and 

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

11 Defense Agency.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of such chapter is amended by inserting after 

14 the item relating to section 2694b the following new item: 

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

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

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

17 effect on October 1, 2008, and only funds appropriated for 

18 fiscal years beginning after September 30, 2008, may be 

19 used to carry out such section. 

20 SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC21 TION AGENCY FOR CERTAIN COSTS IN CON22 NECTION WITH MOSES LAKE WELLFIELD 

23 SUPERFUND SITE, MOSES LAKE, WASH24 INGTON. 

25 (a) AUTHORITY TO REIMBURSE.— 


jbell on PROD1PC69 with BILLS
79 

•HR 5658 RH

1 (1) TRANSFER AMOUNT.—Using funds described 

2 in subsection (b) and notwithstanding section 2215 of 

3 title 10, United States Code, the Secretary of Defense 

4 may transfer not more than $64,049.40 during fiscal 

5 year 2009 to the Moses Lake Wellfield Superfund Site 

6 10–6J Special Account. 

7 (2) PURPOSE OF REIMBURSEMENT.—The pay8 ment under paragraph (1) is to reimburse the Envi9 ronmental Protection Agency for its costs incurred in 

10 overseeing a remedial investigation/feasibility study 

11 performed by the Department of the Army under the 

12 Defense Environmental Restoration Program at the 

13 former Larson Air Force Base, Moses Lake Superfund 

14 Site, Moses Lake, Washington. 

15 (3) INTERAGENCY AGREEMENT.—The reimburse16 ment described in paragraph (2) is provided for in 

17 the interagency agreement entered into by the Depart18 ment of the Army and the Environmental Protection 

19 Agency for the Moses Lake Wellfield Superfund Site 

20 in March 1999. 

21 (b) SOURCE OF FUNDS.—Any payment under sub22 section (a) shall be made using funds authorized to be ap23 propriated by section 301(17) for operation and mainte24 nance for Environmental Restoration, Formerly Used De25 fense Sites. 


jbell on PROD1PC69 with BILLS
80 

•HR 5658 RH

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 MITIGATION. 

8 Section 103a(a) of the Sikes Act (16 U.S.C. 670c–1(a)) 

9 is amended— 

10 (1) by striking ‘‘to provide for the’’ and inserting 

11 ‘‘to provide for the following: 

12 ‘‘(1) The’’; and 

13 (2) by adding at the end the following new para14 graph: 

15 ‘‘(2) The maintenance and improvement of nat16 ural resources located off of a Department of Defense 

17 installation if the purpose of the cooperative agree18 ment is to relieve or eliminate current or anticipated 

19 challenges that could restrict, impede, or otherwise 

20 interfere with, whether directly or indirectly, current 

21 or anticipated military activities.’’. 


jbell on PROD1PC69 with BILLS
81 

•HR 5658 RH

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 Department 

12 of Defense civilian employees may not exceed a period of 

13 540 days, commencing on the date on which the prelimi14 nary planning for the public-private competition begins 

15 through the date on which a performance decision is ren16 dered 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 unless 

22 the Secretary of Defense determines that the delay is caused 

23 by issues being raised during the appellate process that were 

24 not previously raised during the competition.’’. 


jbell on PROD1PC69 with BILLS
82 

•HR 5658 RH

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 conducted 

5 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 DEFINI10 TION OF INHERENTLY GOVERNMENTAL FUNCTION.—The 

11 Director of the Office of Management and Budget, in con12 sultation with appropriate representatives of the Chief Ac13 quisition Officers Council under section 16A of the Office 

14 of Federal Procurement Policy Act (41 U.S.C. 414b) and 

15 the Chief Human Capital Council under section 1401 of 

16 title 5, United States Code, shall— 

17 (1) review the definitions of the term ‘‘inherently 

18 governmental function’’ described in subsection (b) to 

19 determine whether such definitions are sufficiently fo20 cused to ensure that only officers or employees of the 

21 Federal Government or members of the Armed Forces 

22 perform inherently governmental functions or other 

23 critical functions necessary for the mission of a Fed24 eral department or agency; 


jbell on PROD1PC69 with BILLS
83 

•HR 5658 RH

1 (2) develop a single consistent definition for such 

2 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 posi10 tion within that department or agency that exer11 cises an inherently governmental function and 

12 should only be performed by officers or employees 

13 of the Federal Government or members of the 

14 Armed Forces; and 

15 (D) allow the head of each such department 

16 or agency to identify each position within that 

17 department or agency that, while the position 

18 may not exercise an inherently governmental 

19 function, nevertheless should only be performed 

20 by officers or employees of the Federal Govern21 ment or members of the Armed Forces; 

22 (3) in addition to the actions described under 

23 paragraphs (1) and (2), provide criteria that would 

24 identify positions within Federal departments and 

25 agencies that are to be performed by officers or emVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
84 

•HR 5658 RH

1 ployees of the Federal Government or members of the 

2 Armed Forces to ensure that the head of each Federal 

3 department or agency— 

4 (A) develops and maintains sufficient or5 ganic expertise and technical capability; 

6 (B) develops guidance to implement the def7 inition of inherently governmental as described 

8 in paragraph (2) in a manner that is consistent 

9 with agency missions and operational goals; and 

10 (C) develops guidance to manage internal 

11 decisions regarding staffing in an integrated 

12 manner to ensure officers or employees of the 

13 Federal Government or members of the Armed 

14 Forces are filling critical management roles by 

15 identifying— 

16 (i) functions, activities, or positions, or 

17 some combination thereof, or 

18 (ii) additional mechanisms; 

19 (4) in undertaking the actions described in para20 graphs (1) and (2), take into account the final rec21 ommendations and related findings concerning per22 formance of inherently governmental functions in the 

23 Final Report of the Acquisition Advisory Panel estab24 lished pursuant to section 1423 of the Services Acqui25 sition Reform Act of 2003 (title XIV of Public Law 


jbell on PROD1PC69 with BILLS
85 

•HR 5658 RH

1 108–136; 41 U.S.C. 405 note) and any other relevant 

2 reports or documents; and 

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

4 matters identified in this section. 

5 (b) DEFINITIONS OF INHERENTLY GOVERNMENTAL

6 FUNCTION.—The definitions of inherently governmental 

7 function described in this subsection are the definitions of 

8 such term that are contained in— 

9 (1) the Federal Activities Inventory Reform Act 

10 of 1998 (Public Law 105–270; 31 U.S.C. 501 note); 

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

12 (3) Office of Management and Budget Circular 

13 A–76; 

14 (4) the Federal Acquisition Regulation; and 

15 (5) any other relevant Federal law or regulation, 

16 as determined by the Director of the Office of Manage17 ment and Budget in consultation with the Chief Ac18 quisition Officers Council and the Chief Human Cap19 ital Council. 

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

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

22 the Office of Management and Budget, in consultation with 

23 the Chief Acquisition Officers Council and the Chief Human 

24 Capital Council, shall submit to the Committees on Armed 

25 Services of the Senate and House of Representatives, the 


jbell on PROD1PC69 with BILLS
86 

•HR 5658 RH

1 Committee on Homeland Security and Governmental Af2 fairs in the Senate, and the Committee on Oversight and 

3 Government Reform of the House of Representatives a re4 port on the actions taken by the Director under this section. 

5 Such report shall contain each of the following: 

6 (1) A description of the actions taken by the Di7 rector under this section to develop a single definition 

8 of inherently governmental function. 

9 (2) Such legislative recommendations as the Di10 rector determines are necessary to further the pur11 poses of this section. 

12 (3) A description of such steps as may be nec13 essary— 

14 (A) to ensure that the single definition de15 veloped under this section is consistently applied 

16 through all Federal regulations, circulars, policy 

17 letters, agency guidance, and other documents; 

18 (B) to repeal any existing Federal regula19 tions, circular, policy letters, agency guidance 

20 and other documents determined to be superseded 

21 by the definition developed under this section; 

22 and 

23 (C) to develop any necessary implementing 

24 guidance under this section for agency staffing 


jbell on PROD1PC69 with BILLS
87 

•HR 5658 RH

1 and contracting decisions, along with appro2 priate milestones. 

3 (d) REGULATIONS.—Not later than 180 days after sub4 mission of the report required by subsection (c), the Director 

5 of the Office of Management and Budget shall issue regula6 tions to implement actions taken under this section to de7 velop a single definition of inherently governmental func8 tion. 

9 SEC. 323. STUDY ON FUTURE DEPOT CAPABILITY. 

10 (a) STUDY REQUIRED.—Not later than 30 days after 

11 the date of the enactment of this Act, the Secretary of De12 fense shall enter into a contract with an independent re13 search entity that is a not-for-profit entity or a federally14 funded research and development center with appropriate 

15 expertise in logistics and logistics analytical capability to 

16 carry out a study on the capability and efficiency of the 

17 depots of the Department of Defense to provide the logistics 

18 capabilities and capacity necessary for national defense. 

19 (b) CONTENTS OF STUDY.—The study carried out 

20 under subsection (a) shall— 

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

22 Department of Defense depot capability required to 

23 provide life cycle sustainment of military legacy sys24 tems and new systems and military equipment; 


jbell on PROD1PC69 with BILLS
88 

•HR 5658 RH

1 (2) take into consideration direct input from the 

2 Secretary of Defense and the logistics and acquisition 

3 leadership of the military departments, including ma4 teriel support and depot commanders; 

5 (3) take into consideration input from regular 

6 and reserve components of the Armed Forces, both 

7 with respect to requirements for sustainment-level 

8 maintenance and the capability and capacity to per9 form depot-level maintenance and repair; 

10 (4) identify and address each type of activity 

11 carried out at depots, installation directorates of lo12 gistics, regional sustainment-level maintenance sites, 

13 reserve component maintenance capability sites, the14 ater equipment support centers, and Army field sup15 port brigade capabilities; 

16 (5) examine relevant guidance provided and reg17 ulations prescribed by the Secretary of Defense and 

18 the Secretary of each of the military departments, in19 cluding with respect to programming and budgeting; 

20 and 

21 (6) examine any relevant applicable laws, in22 cluding the relevant body of work performed by the 

23 Government Accountability Office. 


jbell on PROD1PC69 with BILLS
89 

•HR 5658 RH

1 (c) ISSUES TO BE ADDRESSED.—The study required 

2 under subsection (a) shall address each of the following 

3 issues with respect to depots and depot capabilities: 

4 (1) The life cycle sustainment maintenance strat5 egies and implementation plans of the Department of 

6 Defense and the military departments that cover— 

7 (A) the role of each type of maintenance ac8 tivity; 

9 (B) business operations; 

10 (C) workload projection; 

11 (D) outcome-based performance manage12 ment objectives; 

13 (E) the adequacy of information technology 

14 systems, including workload management sys15 tems; 

16 (F) the workforce, including skills required 

17 and development; 

18 (G) budget and fiscal planning policies; and 

19 (H) capital investment strategies, including 

20 the implementation of section 2476 of title 10, 

21 United States Code. 

22 (2) Current and future maintenance environ23 ments, including— 

24 (A) performance-based logistics; 

25 (B) supply chain management; 


jbell on PROD1PC69 with BILLS
90 

•HR 5658 RH

1 (C) condition-based maintenance; 

2 (D) reliability-based maintenance; 

3 (E) consolidation and centralization, in4 cluding— 

5 (i) regionalization; 

6 (ii) two-level maintenance; and 

7 (iii) forward-based depot capacity; 

8 (F) public-private partnerships; 

9 (G) private-sector depot capability and ca10 pacity; and 

11 (H) the impact of proprietary technical doc12 umentation. 

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

14 Defense and the Secretaries of each of the military depart15 ments shall make available to the entity carrying out the 

16 study under subsection (a) all necessary and relevant infor17 mation to allow the entity to conduct the study in a quan18 titative and analytical manner. 

19 (e) REPORTS TO COMMITTEES ON ARMED SERVICES.— 

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

21 Secretary enters into under subsection (a) shall pro22 vide that not later than one year after the commence23 ment of the study conducted under this section, the 

24 chief executive officer of the entity that carries out the 

25 study pursuant to the contract shall submit to the 


jbell on PROD1PC69 with BILLS
91 

•HR 5658 RH

1 Committees on Armed Services of the Senate and 

2 House of Representatives an interim report on the 

3 study. 

4 (2) FINAL REPORT.—Such contract shall provide 

5 that not later than 22 months after the date on which 

6 the Secretary of Defense enters into the contract under 

7 subsection (a), the chief executive officer of the entity 

8 that carries out the study pursuant to the contract 

9 shall submit to the Committees on Armed Services of 

10 the Senate and House of Representatives a final re11 port on the study. The report shall include each of the 

12 following: 

13 (A) A description of the depot maintenance 

14 environment, as of the date of the conclusion of 

15 the study, and the anticipated future environ16 ment, together with the quantitative data used in 

17 conducting the assessment of such environments 

18 under the study. 

19 (B) Recommendations with respect to what 

20 would be required to maintain, in a post-reset 

21 environment, an efficient and enduring Depart22 ment of Defense depot capability necessary for 

23 national defense. 

24 (C) Recommendations with respect to any 

25 changes to any applicable law that would be apVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
92 

•HR 5658 RH

1 propriate for a post-reset depot maintenance en2 vironment. 

3 (D) Recommendations with respect to the 

4 methodology of the Department of Defense for de5 termining core logistics requirements, including 

6 an assessment of risk. 

7 (E) Proposed business rules that would pro8 vide incentives for the Secretary of Defense and 

9 the Secretaries of the military departments to 

10 keep Department of Defense depots efficient and 

11 cost effective, including the workload level re12 quired for efficiency. 

13 (F) A proposed strategy for enabling, re14 quiring, and monitoring the ability of the De15 partment of Defense depots to produce perform16 ance-driven outcomes and meet materiel readi17 ness goals with respect to availability, reli18 ability, total ownership cost, and repair cycle 

19 time. 

20 (G) Comments provided by the Secretary of 

21 Defense and the Secretaries of the military de22 partments on the findings and recommendations 

23 of the study. 

24 (f) COMPTROLLER GENERAL REVIEW.—Not later than 

25 90 days after the date on which the report under subsection 


jbell on PROD1PC69 with BILLS
93 

•HR 5658 RH

1 (d) is submitted, the Comptroller General shall review the 

2 report and submit to the Committees on Armed Services 

3 of the Senate and House of Representatives an assessment 

4 of the feasibility of the recommendations and whether the 

5 findings are supported by the data and information exam6 ined. 

7 (g) DEFINITIONS.—In this section: 

8 (1) The term ‘‘depot-level maintenance and re9 pair’’ has the meaning given that term under section 

10 2460 of title 10, United States Code. 

11 (2) The term ‘‘reset’’ means actions taken to re12 pair, enhance, or replace military equipment used in 

13 support of operations underway as of the date of the 

14 enactment of this Act and associated sustainment. 

15 (3) The term ‘‘military equipment’’ includes all 

16 weapon systems, weapon platforms, vehicles and mu17 nitions of the Department of Defense, and the compo18 nents of such items. 

19 SEC. 324. HIGH-PERFORMING ORGANIZATION BUSINESS 

20 PROCESS REENGINEERING. 

21 (a) IN GENERAL.—Chapter 3 of title 10, United States 

22 Code, is amended by inserting after section 129c the fol23 lowing new section: 


jbell on PROD1PC69 with BILLS
94 

•HR 5658 RH

1 ‘‘§ 129d. High-performing organizations 

2 ‘‘(a) GUIDELINES FOR ESTABLISHMENT OF HIGH3 PERFORMING ORGANIZATIONS.—The Secretary of Defense 

4 shall develop guidelines for the establishment of a high-per5 forming organization conducted through a business process 

6 reengineering initiative. The guidelines shall ensure consid7 eration and assessment of the following: 

8 ‘‘(1) Number of employees to be affected by the 

9 initiative. 

10 ‘‘(2) Resources needed to conduct the initiative. 

11 ‘‘(3) Location where the initiative will be per12 formed, and the location of the affected employees if 

13 different from the initiative location. 

14 ‘‘(4) Functions to be included in the initiative. 

15 ‘‘(5) Timeline for implementation of the initia16 tive. 

17 ‘‘(6) Estimated duration of the initiative if such 

18 initiative is deemed to be temporary. 

19 ‘‘(b) RESTRICTION ON HIGH-PERFORMING ORGANIZA20 TIONS.—The Secretary of Defense, with respect to matters 

21 concerning the Defense Agencies, and the Secretary of a 

22 military department, may not begin implementation of a 

23 business process reengineering initiative to establish a high 

24 performing organization until— 

25 ‘‘(1) the Secretary submits to Congress the notifi26 cation required by subsection (d); and 


jbell on PROD1PC69 with BILLS
95 

•HR 5658 RH

1 ‘‘(2) the requirements of paragraphs (2) and (3) 

2 of section 7106(b) of title 5 are complied with. 

3 ‘‘(c) CERTAIN INITIATIVES PROHIBITED.—The Sec4 retary of Defense, or the Secretary of a military depart5 ment, may not implement a high-performing organization 

6 if— 

7 ‘‘(1) it were to result in a change of the collective 

8 bargaining status of an employee in the Department 

9 of Defense or in the representation status of a labor 

10 organization with exclusive representation status, as 

11 provided in section 7114 of title 5; or 

12 ‘‘(2) any planned reductions in staffing are 

13 based on cost savings assumptions that are unrelated 

14 to the establishment of the high performing organiza15 tion. 

16 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Forty-five days 

17 before commencing a high-performing organization under 

18 subsection (a), the Secretary of Defense or the Secretary of 

19 the military department concerned shall submit to Congress 

20 a notification describing the assessment required by sub21 section (a). 

22 ‘‘(e) ANNUAL EVALUATION.—The Secretary of Defense 

23 or the Secretary of the military department concerned shall 

24 conduct annual performance reviews of the participating 

25 organizations or functions under the jurisdiction of the SecVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
96 

•HR 5658 RH

1 retary. The reviews shall be submitted to Congress. Each 

2 review shall evaluate the performance of the high perform3 ance organization in the following areas; 

4 ‘‘(1) Costs, savings, and overall financial per5 formance of the organization. 

6 ‘‘(2) Organic knowledge, skills or expertise. 

7 ‘‘(3) Efficiency and effectiveness of key functions 

8 or processes. 

9 ‘‘(4) Efficiency and effectiveness of the overall or10 ganization. 

11 ‘‘(f) DEFINITIONS.—In this section, 

12 ‘‘(1) The term ‘high-performing organization’ 

13 means an organization whose performance exceeds 

14 that of comparable providers, whether public or pri15 vate. 

16 ‘‘(2) The term ‘business process reengineering 

17 initiative’ means an approach to reinvent or consoli18 date functions whether they are inherently govern19 mental, military essential, or commercial activities, 

20 or a reorganization that is undertaken at the direc21 tion of the Office of Management and Budget.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections at 

23 the beginning of such chapter is amended by inserting after 

24 the item relating to section 129c the following new item: 

‘‘129d. High-performing organizations.’’. 


jbell on PROD1PC69 with BILLS
97 

•HR 5658 RH

1 SEC. 325. TEMPORARY SUSPENSION OF STUDIES AND PUB2 LIC-PRIVATE COMPETITIONS REGARDING 

3 CONVERSION OF FUNCTIONS OF THE DE4 PARTMENT OF DEFENSE PERFORMED BY CI5 VILIAN EMPLOYEES TO CONTRACTOR PER6 FORMANCE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The turbulence caused by the efforts of the 

9 Department of Defense to increase the size of the 

10 Armed Forces, implement the decisions of the 2005 

11 round of base realignments and closures, and execute 

12 transformational initiatives, combined with the strain 

13 on the Armed Forces due to ongoing contingency oper14 ations, could impede sound decisions regarding the 

15 conversion to contractor performance of functions of 

16 the Department of Defense performed by civilian em17 ployees. 

18 (2) Public-private competitions may unneces19 sarily divert Department of Defense personnel and re20 sources away from operational obligations. 

21 (3) The Secretary of Defense needs to ensure that 

22 readiness is fully supported. 

23 (b) SUSPENSION.—During the period beginning on the 

24 date of the enactment of this Act and ending on September 

25 30, 2011, no study or public-private competition regarding 

26 the conversion to contractor performance of any function 


jbell on PROD1PC69 with BILLS
98 

•HR 5658 RH

1 of the Department of Defense performed by civilian employ2 ees may be begun or announced pursuant to section 2461 

3 of title 10, United States Code, or otherwise pursuant to 

4 Office of Management and Budget Circular A–76. 

5 SEC. 326. CONSOLIDATION OF AIR FORCE AND AIR NA6 TIONAL GUARD AIRCRAFT MAINTENANCE. 

7 (a) ROLE OF NATIONAL GUARD BUREAU.—The Sec8 retary of the Air Force shall not implement the consolida9 tion of aircraft repair facilities and personnel of the active 

10 Air Force with aircraft repair facilities and personnel of 

11 the Air National Guard or the consolidation of aircraft re12 pair facilities and personnel of the Air National Guard 

13 with aircraft repair facilities and personnel of the active 

14 Air Force until the Secretary consults with, and obtains 

15 the consent of, the National Guard Bureau. 

16 (b) REPORT ON CRITERIA.—Not later than 30 days 

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

18 of the Air Force shall submit to the Committees on Armed 

19 Services of the Senate and House of Representatives a re20 port stating all the criteria being used by the Department 

21 of the Air Force and the Rand Corporation to evaluate the 

22 feasibility of consolidating Air Force maintenance functions 

23 into organizations that would integrate active, Guard, and 

24 Reserve components into a total-force approach. The report 

25 shall include the assumptions that were provided to or deVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
99 

•HR 5658 RH

1 veloped by the Rand Corporation for their study of the feasi2 bility of the consolidation proposal. 

3 (c) REPORT ON FEASIBILITY STUDY.—At least 90 days 

4 before any consolidation actions, the Secretary of the Air 

5 Force shall submit to the Committees on Armed Services 

6 of the Senate and House of Representatives a report on the 

7 findings of the Rand Corporation feasibility study and the 

8 Rand Corporation’s recommendations, the Air Force’s as9 sessment of the findings and recommendations, any plans 

10 developed for implementation of the consolidation, and a 

11 delineation of all infrastructure costs anticipated as a result 

12 of implementation. 

13 SEC. 327. GUIDANCE FOR PERFORMANCE OF CIVILIAN PER14 SONNEL WORK UNDER AIR FORCE CIVILIAN 

15 PERSONNEL CONSOLIDATION PLAN. 

16 (a) GUIDANCE FOR CIVILIAN PERSONNEL MANAGE17 MENT CONSOLIDATION.—In determining which, if any, ci18 vilian personnel management functions may appropriately 

19 be consolidated under one command or in a central or re20 gional location, the Secretary of the Air Force shall be guid21 ed by the anticipated positive or negative impact upon the 

22 productivity of the managed workforces at different com23 mands and the consequently anticipated positive or nega24 tive impact upon mission accomplishment at the different 

25 commands. This analysis shall be customized for each afVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
100 

•HR 5658 RH

1 fected command, taking into account such factors as the size 

2 and complexity of the civilian workforce and the extent to 

3 which mission accomplishment is dependent upon the pro4 ductivity of the civilian workforce. What functions are 

5 deemed ‘‘transactional’’ or ‘‘nontransactional’’ may vary 

6 for each affected command. In general, more of the civilian 

7 personnel management functions for smaller, less civilian 

8 dependent commands may be consolidated in a central or 

9 regional location or command while fewer functions may 

10 be consolidated from larger, more civilian dependent com11 mands. 

12 (b) PROHIBITION ON CONSOLIDATION OF CERTAIN

13 FUNCTIONS.—For the Large Civilian Centers, the Secretary 

14 of the Air Force will not consolidate in a central or regional 

15 location or command at least the following functions: 

16 (1) Staffing positions filled through internal or 

17 external recruitment processes. 

18 (2) Development of position classifications or job 

19 descriptions. 

20 (3) Employee management relations, including 

21 performance management programs, conduct or dis22 cipline programs and labor management programs. 

23 (4) Labor force planning and management, in24 cluding internal pay pool management and employee 

25 performance reviews. 


jbell on PROD1PC69 with BILLS
101 

•HR 5658 RH

1 (5) Managing workers compensation program 

2 pursuant to chapter 81 of title 5, United States Code, 

3 or relevant State workers’ compensation programs. 

4 (c) LARGE CIVILIAN CENTER DEFINED.—In this sec5 tion, the term ‘‘Large Civilian Center’’ refers to installa6 tions or commands with operational missions primarily de7 pendent upon the productivity of civilian workforces typi8 cally numbering in the thousands and engaged in program 

9 management, systems engineering, research or development, 

10 logistics management, software management, management 

11 of existing aircraft systems, and depot level maintenance. 

12 Such an installation or command typically includes occu13 pational series far in excess of those assigned to other, more 

14 typical, Air Force installations or commands. 

15 SEC. 328. REPORT ON REDUCTION IN NUMBER OF FIRE16 FIGHTERS ON AIR FORCE BASES. 

17 In an effort to ensure the Air Force is meeting the min18 imum safety standards for staffing, equipment, and train19 ing as required by Department of Defense Installation and 

20 Environment Instruction 6055.6, the Secretary of the Air 

21 Force shall submit to Congress, not later than 90 days after 

22 the date of the enactment of this Act, a report on the effect 

23 of the reduction in fire fighters on Air Force bases as a 

24 result of PBD720. Such report shall include the following: 


jbell on PROD1PC69 with BILLS
102 

•HR 5658 RH

1 (1) An evaluation of current fire fighting capa2 bility and whether the reduction has increased the 

3 risk of harm to either fire fighters or those they may 

4 serve in response to an emergency. 

5 (2) An evaluation on whether there is adequate 

6 capability within the surrounding municipal commu7 nities to support a base aircraft rescue or respond to 

8 a fire involving a combat aircraft, cargo aircraft or 

9 weapon system. 

10 (4) An evaluation of the impact on certifications 

11 of the base fire departments as a result of the reduc12 tions in fire fighting personnel and or functions at 

13 the base. 

14 (5) A plan to restore personnel needed to support 

15 the mission should it be determined that personnel re16 ductions resulting from PBD720 have negatively im17 pacted the ability to perform their mission. 

18 Subtitle D—Energy Security 

19 SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MAN20 AGEMENT AND IMPLEMENTATION OF OPER21 ATIONAL ENERGY STRATEGY. 

22 (a) REPORT REQUIRED.—Section 2925 of title 10, 

23 United States Code, is amended by striking subsection (b) 

24 and inserting the following new subsection: 


jbell on PROD1PC69 with BILLS
103 

•HR 5658 RH

1 ‘‘(b) ANNUAL REPORT RELATED TO OPERATIONAL EN2 ERGY.—(1) Simultaneous with the annual report required 

3 by subsection (a), the Secretary of Defense, acting through 

4 the Director of Operational Energy Plans and Programs, 

5 shall submit to the congressional defense committees a re6 port on operational energy management and the implemen7 tation of the operational energy strategy established pursu8 ant to section 139b of this title. 

9 ‘‘(2) The annual report under this subsection shall ad10 dress and include the following: 

11 ‘‘(A) Statistical information on operational en12 ergy demands, in terms of expenditures and consump13 tion, for the preceding five fiscal years, including 

14 funding made available in regular defense appropria15 tions Acts and any supplemental appropriation Acts. 

16 ‘‘(B) An estimate of operational energy demands 

17 for the current fiscal year and next fiscal year, in18 cluding funding requested to meet operational energy 

19 demands in the budget submitted to Congress under 

20 section 1105 of title 31 and in any supplemental re21 quests. 

22 ‘‘(C) A description of each initiative related to 

23 the operational energy strategy and a summary of 

24 funds appropriated for each initiative in the previous 


jbell on PROD1PC69 with BILLS
104 

•HR 5658 RH

1 fiscal year and current fiscal year and requested for 

2 each initiative for the next five fiscal years. 

3 ‘‘(D) An evaluation of progress made by the De4 partment of Defense— 

5 ‘‘(i) in implementing the operational energy 

6 strategy, including the progress of key initiatives 

7 and technology investments related to oper8 ational energy demand and management; and 

9 ‘‘(ii) in meeting the operational energy 

10 goals set forth in the strategy. 

11 ‘‘(E) Such recommendations as the Director con12 siders appropriate for additional changes in organi13 zation or authority within the Department of Defense 

14 to enable further implementation of the energy strat15 egy and such other comments and recommendations 

16 as the Director considers appropriate. 

17 ‘‘(3) If a report under this subsection is submitted in 

18 a classified form, the Secretary shall concurrently submit 

19 to the congressional defense committees an unclassified 

20 version of the information required by this subsection. 

21 ‘‘(4) In this subsection, the term ‘operational energy’ 

22 means the energy required for moving and sustaining mili23 tary forces and weapons platforms for military operations. 

24 The term includes energy used by tactical power systems 

25 and generators and weapons platforms.’’. 


jbell on PROD1PC69 with BILLS
105 

•HR 5658 RH

1 (b) CLERICAL AMENDMENTS.— 

2 (1) SECTION HEADING.—The heading of such sec3 tion is amended to read as follows: 

4 ‘‘§ 2925. Annual Department of Defense energy man5 agement reports’’. 

6 (2) TABLE OF SECTIONS.—The table of sections 

7 at the beginning of subchapter III of chapter 173 of 

8 such title is amended by striking the item relating to 

9 section 2925 and inserting the following new item: 

‘‘2925. Annual Department of Defense energy management reports.’’. 

10 SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT 

11 REQUIREMENTS IN PLANNING, REQUIRE12 MENTS DEVELOPMENT, AND ACQUISITION 

13 PROCESSES. 

14 (a) PLANNING.—In the case of campaign analyses and 

15 force planning processes that are used to establish capa16 bility requirements and inform acquisition decisions, the 

17 Secretary of Defense shall require that campaign analyses 

18 and force planning processes consider the requirements for, 

19 and vulnerability of, fuel logistics and their relationship to 

20 operational capability. 

21 (b) CAPABILITY REQUIREMENTS DEVELOPMENT PROC22 ESS.—The Secretary of Defense shall develop and imple23 ment a methodology to enable the implementation of a fuel 

24 efficiency key performance parameter in the requirements 

25 development process. 


jbell on PROD1PC69 with BILLS
106 

•HR 5658 RH

1 (c) ACQUISITION PROCESS.—The Secretary of Defense 

2 shall require that the life-cycle cost analysis for new capa3 bilities include the fully burdened cost of fuel during anal4 ysis of alternatives and evaluation of alternatives and ac5 quisition program design trades. 

6 (d) IMPLEMENTATION PLAN.—The Secretary of De7 fense shall prepare a plan for implementing the require8 ments of this section. The plan shall be completed not later 

9 than 180 days after the date of the enactment of this Act 

10 and provide for implementation of the requirements not 

11 later than three years after such date. 

12 (e) REPORT.—Until the certification required by sub13 section (g) is provided, the Secretary of Defense shall submit 

14 to the congressional defense committees a report, not later 

15 than January 1 of each year, describing progress made to 

16 implement the requirements of this section during the pre17 ceding fiscal year. 

18 (f) FULLY BURDENED COST OF FUEL DEFINED.—In 

19 this section, the term ‘‘fully burdened cost of fuel’’ means 

20 the commodity price for fuel plus the total cost of all per21 sonnel and assets required to move and, when necessary, 

22 protect the fuel from the point at which the fuel is received 

23 from the commercial supplier to the point of use. 

24 (g) CERTIFICATION OF COMPLIANCE.—As soon as 

25 practicable during the three-year period beginning on the 


jbell on PROD1PC69 with BILLS
107 

•HR 5658 RH

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

2 shall certify to the congressional defense committees that the 

3 Secretary has complied with the requirements of this sec4 tion. If the Secretary is unable to provide the certification, 

5 the Secretary shall submit to the congressional defense com6 mittees at the end of the three-year period a report con7 taining— 

8 (1) an explanation of the reasons why the re9 quirements, or portions of the requirements, have not 

10 been implemented; and 

11 (2) a revised plan under subsection (d) to com12 plete implementation or a rationale regarding why 

13 portions of the requirements cannot or should not be 

14 implemented. 

15 SEC. 333. STUDY ON SOLAR ENERGY FOR USE AT FORWARD 

16 OPERATING LOCATIONS. 

17 (a) STUDY REQUIRED.—The Secretary of Defense shall 

18 provide for a study to examine the feasibility of using solar 

19 energy to provide electricity at forward operating locations. 

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 

24 operating locations and the extent to which such re25 duction will decrease the risk of casualties by reducVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
108 

•HR 5658 RH

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 elec4 tricity. 

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 en8 ergy to provide electricity instead of the current meth9 ods. 

10 (5) The sustainability and operating require11 ments of solar energy systems for providing electricity 

12 compared to current methods. 

13 (c) REPORT.—Not later than March 1, 2009, the Sec14 retary shall submit to the congressional defense committees 

15 a report on the results of the study required by subsection 

16 (a). 

17 SEC. 334. STUDY ON COAL-TO-LIQUID FUELS. 

18 (a) STUDY REQUIRED.—The Secretary of Defense shall 

19 conduct a study on alternatives to reduce the life cycle emis20 sions of coal-to-liquid fuels and potential uses of coal-to21 liquid fuels to meet the Department’s mobility energy re22 quirements. 

23 (b) MATTERS EXAMINES.—The study shall examine, at 

24 a minimum, the following: 


jbell on PROD1PC69 with BILLS
109 

•HR 5658 RH

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 for 

7 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 DE12 VELOPMENT CENTER.—The Secretary of Defense shall select 

13 a federally funded research and development center to per14 form the study required by subsection (a). 

15 (d) REPORT.—Not later than March 1, 2009, the feder16 ally funded research and development center shall submit 

17 to the congressional defense committees and the Secretary 

18 of Defense a report on the results of the study required by 

19 subsection (a). 

20 Subtitle E—Reports 

21 SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS 

22 OF ARMED FORCES. 

23 (a) REPORT REQUIRED.— 

24 (1) IN GENERAL.—Not later than June 1, 2009, 

25 the Comptroller General shall submit to the CommitVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
110 

•HR 5658 RH

1 tees on Armed Services of the Senate and House of 

2 Representatives a report on the readiness of the reg3 ular and reserve components of the Armed Forces. The 

4 report shall be unclassified but may contain a classi5 fied annex. 

6 (2) ONE OR MORE REPORTS.—In complying 

7 with the requirements of this section, the Comptroller 

8 General may submit a single report addressing all the 

9 elements specified in subsection (b) or two or more re10 ports addressing any combination of such elements. 

11 (b) ELEMENTS.—The elements specified in this sub12 section are the following: 

13 (1) An analysis of the readiness status, as of the 

14 date of the enactment of this Act, of the regular and 

15 reserve components of the Army and the Marine 

16 Corps, including any significant changes in any 

17 trends with respect to such components since 2001. 

18 (2) An analysis of the readiness status, as of 

19 such date, of the regular and reserve components of 

20 the Air Force and the Navy, including a description 

21 of any major factors that affect the ability of the 

22 Navy or Air Force to provide trained and ready 

23 forces for ongoing operations and to meet overall 

24 readiness goals. 


jbell on PROD1PC69 with BILLS
111 

•HR 5658 RH

1 (3) An analysis of the efforts of the Secretary of 

2 each military department to address any major fac3 tors affecting the readiness of the regular and reserve 

4 components under the jurisdiction of that Secretary. 

5 SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS 

6 OF NAVY AND AIR FORCE PERSONNEL. 

7 (a) REPORT REQUIRED.—At the same time as the 

8 budget for fiscal year 2010 is submitted to Congress under 

9 section 1105(a) of title 31, United States Code, the Sec10 retary of Defense shall submit to the Committees on Armed 

11 Services of the Senate and House of Representatives a re12 port on— 

13 (1) the plans of the Secretary of the Navy to im14 prove the combat skills of the members of the Navy; 

15 and 

16 (2) the plans of the Secretary of the Air Force 

17 to improve the combat skills of the members of the Air 

18 Force. 

19 (b) ELEMENTS OF REPORT.—The report required 

20 under subsection (a) shall include each of the following: 

21 (1) The criteria that the Secretary of the Air 

22 Force and the Secretary of the Navy use to select per23 manent sites for their Common Battlefield Airmen 

24 Training and Expeditionary Combat Skills courses. 


jbell on PROD1PC69 with BILLS
112 

•HR 5658 RH

1 (2) An identification of the extent to which the 

2 Secretary of the Navy and Secretary of the Air Force 

3 coordinated with each other and with the Secretary of 

4 the Army and the Commandant of the Marine Corps 

5 with respect to their plans to expand combat skills 

6 training for members of the Navy and Air Force, re7 spectively, together with a complete list of bases or lo8 cations that were considered as possible sites for the 

9 coordinated training. 

10 (3) The estimated implementation and 

11 sustainment costs for the Air Force Common Battle12 field Airmen Training and Navy Expeditionary Com13 bat Skills courses. 

14 (4) The estimated cost savings, if any, which 

15 could result by carrying out such combat skills train16 ing at existing Department of Defense facilities or by 

17 using existing ground combat training resources. 

18 SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF 

19 THE ARMY RESERVE AND NATIONAL GUARD 

20 AS AN OPERATIONAL RESERVE. 

21 (a) REPORT REQUIRED.—Not later than June 1, 2009, 

22 the Comptroller General shall submit to the Committees on 

23 Armed Services of the Senate and House of Representatives 

24 a report on the use of the Army Reserve and National 

25 Guard forces as an operational reserve. 


jbell on PROD1PC69 with BILLS
113 

•HR 5658 RH

1 (b) ELEMENTS.—The report required by subsection (a) 

2 shall include a description of current and programmed re3 sources, force structure, and organizational challenges that 

4 the Army Reserve and National Guard forces may face serv5 ing as an operational reserve, including— 

6 (1) equipment availability, maintenance, and lo7 gistics issues; 

8 (2) manning and force structure; 

9 (3) training constraints limiting— 

10 (A) facilities and ranges; 

11 (B) access to military schools and skill 

12 training; and 

13 (C) access to the Combat Training Centers; 

14 and 

15 (4) any conflicts with requirements under title 

16 32, United States Code. 

17 SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BE18 TWEEN PREPARATION AND USE OF ARMY RE19 SERVE COMPONENT FORCES TO SUPPORT 

20 ONGOING OPERATIONS. 

21 (a) REPORT REQUIRED.—Not later than June 1, 2009, 

22 the Comptroller General shall submit to the Committees on 

23 Armed Services of the Senate and House of Representatives 

24 a report on the link between the preparation and oper25 ational use of the Army’s reserve component forces. 


jbell on PROD1PC69 with BILLS
114 

•HR 5658 RH

1 (b) ELEMENTS.—The report required by subsection (a) 

2 shall include— 

3 (1) an analysis of the Army’s ability to train 

4 and employ reserve component units— 

5 (A) to execute the wartime or primary mis6 sions for which the units are designed; and 

7 (B) for non-traditional missions to which 

8 such units are assigned, as of the date of the en9 actment of this Act, in support of ongoing oper10 ations, including factors affecting unit or indi11 vidual preparation, the effect of notification 

12 timelines, and access to training facilities, in13 cluding the National Training Center and the 

14 Joint Readiness Training Center; and 

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

16 deployment laws, goals, and policies on the Army’s 

17 ability to train and employ reserve component units 

18 for the purposes described in paragraph (1). 

19 SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY 

20 OF FUNDING, STAFFING, AND ORGANIZATION 

21 OF DEPARTMENT OF DEFENSE MILITARY MU22 NITIONS RESPONSE PROGRAM. 

23 (a) REPORT REQUIRED.—Not later than one year 

24 after the date of the enactment of this Act, the Comptroller 

25 General shall submit to the Committees on Armed Services 


jbell on PROD1PC69 with BILLS
115 

•HR 5658 RH

1 of the Senate and House of Representatives a report on the 

2 adequacy of the funding, staffing, and organization of the 

3 Military Munitions Response Program of the Department 

4 of Defense. 

5 (b) ELEMENTS.—The report required by subsection (a) 

6 shall include— 

7 (1) an analysis of the funding, staffing, and or8 ganization of the Military Munitions Response Pro9 gram; and 

10 (2) an assessment of the Program mechanisms 

11 for the accountability, reporting, and monitoring of 

12 the progress of munitions response projects and meth13 ods to reduce the length of time of such projects. 

14 SEC. 346. REPORT ON OPTIONS FOR PROVIDING REPAIR CA15 PABILITIES TO SUPPORT SHIPS OPERATING 

16 NEAR GUAM. 

17 (a) REPORT REQUIRED.—Not later than March 1, 

18 2009, the Secretary of the Navy shall submit to the commit19 tees on Armed Services of the Senate and House of Rep20 resentatives a report on the best option or combination of 

21 options for providing voyage repair capabilities to support 

22 all United States Navy ships operating at or near Guam. 

23 (b) CONTENTS OF REPORT.—The report required 

24 under subsection (a) shall include each of the following: 


jbell on PROD1PC69 with BILLS
116 

•HR 5658 RH

1 (1) The Secretary’s estimate, based on the quan2 titative data determined to be most appropriate by 

3 the Secretary, of the requirements for voyage repairs 

4 for all United States Navy vessels operating at or 

5 near Guam, including— 

6 (A) such requirements for ships operated by 

7 the Military Sealift Command; and 

8 (B) such requirements for United States 

9 Navy vessels for which the designated homeport 

10 of the vessel is anticipated to become Guam as 

11 a result of the realignment of the Armed Forces 

12 from Okinawa, Japan, to Guam. 

13 (2) The recommendations of the Secretary for en14 suring that adequate voyage repair capabilities are 

15 available for all United States Navy ships operating 

16 at or near Guam and an estimate of the amount of 

17 time required to implement such capabilities. 

18 (3) The Secretary’s assessment of the benefits and 

19 limitations of each option for providing voyage re20 pairs to all United States Navy ships operating at or 

21 near Guam and of the anticipated costs and strategic 

22 and operational risks associated with each such op23 tion. 

24 (4) A plan and schedule for implementing a 

25 course of action to ensure that the required ship reVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
117 

•HR 5658 RH

1 pair capability is available by not later than October 

2 31, 2012. 

3 Subtitle F—Other Matters 

4 SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN 

5 REPORTING REQUIREMENT. 

6 Section 2222(i) of title 10, United States Code, is 

7 amended by striking ‘‘2009’’ and inserting ‘‘2013’’. 

8 SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EX9 CHANGED DOCUMENTS, HISTORICAL ARTI10 FACTS, AND CONDEMNED OR OBSOLETE COM11 BAT MATERIEL. 

12 Section 2572(d) of title 10, United States Code, is 

13 amended— 

14 (1) in paragraph (1), by adding at the end the 

15 following new sentence: ‘‘The Secretary concerned 

16 shall ensure that an item authorized to be donated 

17 under this section is demilitarized, as determined nec18 essary by the Secretary or the Secretary’s delegee, to 

19 the extent necessary to render the item unserviceable 

20 in the interest of public safety.’’; and 

21 (2) in paragraph (2)(A), by inserting before the 

22 period at the end the following: ‘‘, including any ex23 pense associated with demilitarizing an item under 

24 paragraph (1), for which the recipient of the item 

25 shall be responsible’’. 


jbell on PROD1PC69 with BILLS
118 

•HR 5658 RH

1 SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF 

2 AIR FORCE PROVIDE TRAINING AND SUP3 PORT TO OTHER MILITARY DEPARTMENTS 

4 FOR A–10 AIRCRAFT. 

5 (a) REPEAL.—Chapter 901 of title 10, United States 

6 Code, is amended by striking section 9316. 

7 (b) CLERICAL AMENDMENT.—The table of sections at 

8 the beginning of such chapter is amended by striking the 

9 item relating to section 9316. 

10 SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 

11 FOR AIR SOVEREIGNTY ALERT MISSION. 

12 (a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA13 TION DOCUMENTS.—For fiscal year 2010 and each subse14 quent fiscal year, the Secretary of Defense shall submit to 

15 the President, for consideration by the President for inclu16 sion with the budget materials submitted to Congress under 

17 section 1105(a) of title 31, United States Code, a consoli18 dated budget justification display that covers all programs 

19 and activities of the Air Sovereignty Alert mission of the 

20 Air Force. 

21 (b) REQUIREMENTS FOR BUDGET DISPLAY.—The 

22 budget display under subsection (a) for a fiscal year shall 

23 include for such fiscal year the following: 

24 (1) The funding requirements for the Air Sov25 ereignty Alert mission, and the associated Command 


jbell on PROD1PC69 with BILLS
119 

•HR 5658 RH

1 and Control mission, including such requirements 

2 for— 

3 (A) pay and allowances; 

4 (B) support costs; 

5 (C) Medicare eligible retiree health fund 

6 contributions 

7 (D) flying hours; and 

8 (E) any other associated mission costs. 

9 (2) The amount in the budget for the Air Force 

10 for each of the items referred to in paragraph (1). 

11 (3) The amount in the budget for the Air Na12 tional Guard for each such item. 

13 SEC. 355. SENSE OF CONGRESS THAT AIR SOVEREIGNTY 

14 ALERT MISSION SHOULD RECEIVE SUFFI15 CIENT FUNDING AND RESOURCES. 

16 It is the sense of Congress that— 

17 (1) since the tragic events of September 11, 2001, 

18 the Air National Guard has bravely performed the 

19 Air Sovereignty Alert mission to defend the homeland 

20 in support of Operation Noble Eagle; 

21 (2) the Air National Guard continues to serve as 

22 the backbone of this vital national security mission; 

23 (3) the United States Air Force should include 

24 full funding for the Air Sovereignty Alert mission in 

25 the baseline budget of the Air Force; 


jbell on PROD1PC69 with BILLS
120 

•HR 5658 RH

1 (4) the United States Air Force should program 

2 sufficient personnel, equipment, and aircraft resources 

3 to the Air National Guard to fully and safely perform 

4 the Air Sovereignty Alert mission; 

5 (5) the capability of Air National Guard aircraft 

6 assigned to the Air Sovereignty Alert mission is rap7 idly deteriorating due to age and may impede the 

8 ability of the Air National Guard to protect the home9 land; 

10 (6) by 2015, many of the Air National Guard’s 

11 fighter aircraft will have exceeded their service life 

12 and will be grounded, resulting in a breach of home13 land defense, a potential closure of Air National 

14 Guard bases, the loss of critical personnel with the ac15 companying loss of experience and training, and the 

16 loss of the fighter capability of the Air National 

17 Guard; and 

18 (7) the United States Air Force should ensure 

19 that the Air National Guard and the Air Sovereignty 

20 Alert mission are provided with resources, personnel, 

21 and aircraft needed to support this critical mission 

22 now and in the future. 


jbell on PROD1PC69 with BILLS
121 

•HR 5658 RH

1 SEC. 356. REVISION OF CERTAIN AIR FORCE REGULATIONS 

2 REQUIRED. 

3 (a) REVISION REQUIRED.—Not later than 90 days 

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

5 Air Force shall revise the Air Freight Transportation Regu6 lation Number 5, dated January 15, 1999, to conform with 

7 Defense Travel Regulations to ensure that freight covered 

8 by Air Freight Transportation Regulation Number 5 is car9 ried in accordance with commercial best practices that are 

10 based upon a mode-neutral approach. 

11 (b) MODE-NEUTRAL APPROACH DEFINED.—For pur12 poses of this section, the term ‘‘mode-neutral approach’’ 

13 means a method of shipment that allows a shipper to choose 

14 a carrier with a time-definite performance standard for de15 livery without specifying a particular mode of conveyance 

16 and allows the carrier to select the mode of conveyance 

17 using best commercial practices as long as the mode of con18 veyance can reasonably be expected to ensure the time-defi19 nite delivery requested by the shipper. 

20 SEC. 357. TRANSFER OF C–12 AIRCRAFT TO CALIFORNIA DE21 PARTMENT OF FORESTRY AND FIRE PROTEC22 TION. 

23 (a) AUTHORITY.—The Secretary of the Army may con24 vey to the California Department of Forestry and Fire Pro25 tection (hereinafter in this section referred to as ‘‘CAL 

26 FIRE’’), all right, title, and interest of the United States 


jbell on PROD1PC69 with BILLS
122 

•HR 5658 RH

1 in three C–12 aircraft that the Secretary has determined 

2 are surplus to need. 

3 (b) CONVEYANCE AT NO COST TO THE UNITED

4 STATES.—The conveyance of an aircraft authorized by this 

5 section shall be made at no cost to the United States. Any 

6 costs associated with such conveyance, costs of determining 

7 compliance with terms of the conveyance, and costs of oper8 ation and maintenance of the aircraft conveyed shall be 

9 borne by CAL FIRE. 

10 SEC. 358. AVAILABILITY OF FUNDS FOR IRREGULAR WAR11 FARE SUPPORT PROGRAM. 

12 Of the amount appropriated pursuant to an authoriza13 tion of appropriations or otherwise made available for the 

14 Joint Improvised Explosive Device Defeat Organization for 

15 fiscal year 2009, $75,000,000 shall be available for the Ir16 regular Warfare Support program (program element line 

17 0603121D8Z, SO/LIC Advanced Development). 

18 SEC. 359. SENSE OF CONGRESS REGARDING PROCUREMENT 

19 AND USE OF MUNITIONS. 

20 It is the sense of Congress that the Secretary of Defense 

21 should— 

22 (1) in making decisions with respect to procure23 ment of munitions, develop methods to account for the 

24 full life-cycle costs of munitions, including the effects 

25 of failure rates on the cost of disposal; and 


jbell on PROD1PC69 with BILLS
123 

•HR 5658 RH

1 (2) undertake a review of live-fire practices for 

2 the purpose of reducing unexploded ordnance and mu3 nitions-constituent contamination without impeding 

4 military readiness. 

5 SEC. 360. LIMITATION ON OBLIGATION OF FUNDS FOR AIR 

6 COMBAT COMMAND MANAGEMENT HEAD7 QUARTERS. 

8 Of the funds appropriated pursuant to an authoriza9 tion of appropriations or otherwise made available for Op10 eration and Maintenance, Air Force, for fiscal year 2009, 

11 the amount that may be obligated for Air Force Com12 mander, Air Combat Command Management Headquarters, 

13 Sub-Activity Group 012E, for any fiscal quarter of such 

14 fiscal year may not exceed 80 percent of the amount of such 

15 funds obligated for such purpose for the corresponding fiscal 

16 quarter of fiscal year 2008 until the Secretary of Defense 

17 certifies to the congressional defense committees that by not 

18 later than February 3, 2009, the Future Year’s Defense 

19 Plan will include funding for 76 commonly configured B– 

20 52 aircraft. 

21 SEC. 361. INCREASE OF DOMESTIC SOURCING OF MILITARY 

22 WORKING DOGS USED BY THE DEPARTMENT 

23 OF DEFENSE. 

24 (a) INCREASED CAPACITY.—The Secretary of Defense, 

25 acting through the Executive Agent for Military Working 


jbell on PROD1PC69 with BILLS
124 

•HR 5658 RH

1 Dogs (hereinafter in this section referred to as the ‘‘Execu2 tive Agent’’), shall— 

3 (1) identify the number of military working dogs 

4 required to fulfill the various missions of the Depart5 ment of Defense for which such dogs are used, includ6 ing force protection, facility and check point security, 

7 and explosives and drug detection; 

8 (2) take such steps as are practicable to ensure 

9 an adequate number of military working dog teams 

10 are available to meet and sustain the mission require11 ments identified in paragraph (1); 

12 (3) ensure that the Department’s needs and per13 formance standards with respect to military working 

14 dogs are readily available to dog breeders and train15 ers; and 

16 (4) coordinate with other Federal, State, or local 

17 agencies, nonprofit organizations, universities, or pri18 vate sector entities, as appropriate, to increase the 

19 training capacity for military working dog teams. 

20 (b) MILITARY WORKING DOG PROCUREMENT.—The 

21 Secretary, acting through the Executive Agent shall work 

22 to ensure that military working dogs are procured as effi23 ciently as possible and at the best value to the Government, 

24 while maintaining the necessary level of quality and en25 couraging increased domestic breeding, with the ultimate 


jbell on PROD1PC69 with BILLS
125 

•HR 5658 RH

1 goal of procuring all military working dogs through domes2 tic breeders. 

3 (c) MILITARY WORKING DOG DEFINED.—For purposes 

4 of this section, the term ‘‘military working dog’’ means a 

5 dog used in any official military capacity, as defined by 

6 the Secretary of Defense. 

7 TITLE IV—MILITARY PERSONNEL 

8 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. 

9 Subtitle A—Active Forces 

10 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

11 The Armed Forces are authorized strengths for active 

12 duty personnel as of September 30, 2009, as follows: 

13 (1) The Army, 532,400. 

14 (2) The Navy, 326,323. 

15 (3) The Marine Corps, 194,000. 

16 (4) The Air Force, 317,050. 


jbell on PROD1PC69 with BILLS
126 

•HR 5658 RH

1 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

2 STRENGTH MINIMUM LEVELS. 

3 Section 691(b) of title 10, United States Code, is 

4 amended by striking paragraphs (1) through (4) and insert5 ing the following new paragraphs: 

6 ‘‘(1) For the Army, 532,400. 

7 ‘‘(2) For the Navy, 326,323. 

8 ‘‘(3) For the Marine Corps, 194,000. 

9 ‘‘(4) For the Air Force, 317,050.’’. 

10 Subtitle B—Reserve Forces 

11 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

12 (a) IN GENERAL.—The Armed Forces are authorized 

13 strengths for Selected Reserve personnel of the reserve com14 ponents as of September 30, 2009, as follows: 

15 (1) The Army National Guard of the United 

16 States, 352,600. 

17 (2) The Army Reserve, 205,000. 

18 (3) The Navy Reserve, 66,700. 

19 (4) The Marine Corps Reserve, 39,600. 

20 (5) The Air National Guard of the United 

21 States, 106,700. 

22 (6) The Air Force Reserve, 67,400. 

23 (7) The Coast Guard Reserve, 10,000. 

24 (b) END STRENGTH REDUCTIONS.—The end strengths 

25 prescribed by subsection (a) for the Selected Reserve of any 

26 reserve component shall be proportionately reduced by— 


jbell on PROD1PC69 with BILLS
127 

•HR 5658 RH

1 (1) the total authorized strength of units orga2 nized to serve as units of the Selected Reserve of such 

3 component which are on active duty (other than for 

4 training) at the end of the fiscal year; and 

5 (2) the total number of individual members not 

6 in units organized to serve as units of the Selected 

7 Reserve of such component who are on active duty 

8 (other than for training or for unsatisfactory partici9 pation in training) without their consent at the end 

10 of the fiscal year. 

11 (c) END STRENGTH INCREASES.—Whenever units or 

12 individual members of the Selected Reserve of any reserve 

13 component are released from active duty during any fiscal 

14 year, the end strength prescribed for such fiscal year for 

15 the Selected Reserve of such reserve component shall be in16 creased proportionately by the total authorized strengths of 

17 such units and by the total number of such individual mem18 bers. 

19 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

20 DUTY IN SUPPORT OF THE RESERVES. 

21 Within the end strengths prescribed in section 411(a), 

22 the reserve components of the Armed Forces are authorized, 

23 as of September 30, 2009, the following number of Reserves 

24 to be serving on full-time active duty or full-time duty, in 

25 the case of members of the National Guard, for the purpose 


jbell on PROD1PC69 with BILLS
128 

•HR 5658 RH

1 of organizing, administering, recruiting, instructing, or 

2 training the reserve components: 

3 (1) The Army National Guard of the United 

4 States, 32,060. 

5 (2) The Army Reserve, 17,070. 

6 (3) The Navy Reserve, 11,099. 

7 (4) The Marine Corps Reserve, 2,261. 

8 (5) The Air National Guard of the United 

9 States, 14,337. 

10 (6) The Air Force Reserve, 2,733. 

11 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

12 (DUAL STATUS). 

13 The minimum number of military technicians (dual 

14 status) as of the last day of fiscal year 2009 for the reserve 

15 components of the Army and the Air Force (notwith16 standing section 129 of title 10, United States Code) shall 

17 be the following: 

18 (1) For the Army Reserve, 8,395. 

19 (2) For the Army National Guard of the United 

20 States, 27,210. 

21 (3) For the Air Force Reserve, 10,003. 

22 (4) For the Air National Guard of the United 

23 States, 22,452. 


jbell on PROD1PC69 with BILLS
129 

•HR 5658 RH

1 SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF 

2 NON-DUAL STATUS TECHNICIANS. 

3 (a) LIMITATIONS.— 

4 (1) NATIONAL GUARD.—Within the limitation 

5 provided in section 10217(c)(2) of title 10, United 

6 States Code, the number of non-dual status techni7 cians employed by the National Guard as of Sep8 tember 30, 2009, may not exceed the following: 

9 (A) For the Army National Guard of the 

10 United States, 1,600. 

11 (B) For the Air National Guard of the 

12 United States, 350. 

13 (2) ARMY RESERVE.—The number of non-dual 

14 status technicians employed by the Army Reserve as 

15 of September 30, 2009, may not exceed 595. 

16 (3) AIR FORCE RESERVE.—The number of non17 dual status technicians employed by the Air Force 

18 Reserve as of September 30, 2009, may not exceed 90. 

19 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

20 this section, the term ‘‘non-dual status technician’’ has the 

21 meaning given that term in section 10217(a) of title 10, 

22 United States Code. 


jbell on PROD1PC69 with BILLS
130 

•HR 5658 RH

1 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU2 THORIZED TO BE ON ACTIVE DUTY FOR 

3 OPERATIONAL SUPPORT. 

4 During fiscal year 2009, the maximum number of 

5 members of the reserve components of the Armed Forces who 

6 may be serving at any time on full-time operational sup7 port duty under section 115(b) of title 10, United States 

8 Code, is the following: 

9 (1) The Army National Guard of the United 

10 States, 17,000. 

11 (2) The Army Reserve, 13,000. 

12 (3) The Navy Reserve, 6,200. 

13 (4) The Marine Corps Reserve, 3,000. 

14 (5) The Air National Guard of the United 

15 States, 16,000. 

16 (6) The Air Force Reserve, 14,000. 

17 SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION 

18 ON NUMBER OF RESERVE COMPONENT MEM19 BERS AUTHORIZED TO BE ON ACTIVE DUTY. 

20 (a) ADDITIONAL WAIVER AUTHORITY.—Subsection (a) 

21 of section 123a of title 10, United States Code, is amend22 ed— 

23 (1) by inserting ‘‘(1)’’ before ‘‘If at the end’’; and 

24 (2) by adding at the end the following new para25 graph: 


jbell on PROD1PC69 with BILLS
131 

•HR 5658 RH

1 ‘‘(2) When a designation of a major disaster or emer2 gency (as those terms are defined in section 102 of the Rob3 ert T. Stafford Disaster Relief and Emergency Assistance 

4 Act (42 U.S.C. 5122)) is in effect, the President may waive 

5 any statutory limit that would otherwise apply during the 

6 period of the designation on the number of members of a 

7 reserve component who are authorized to be on active duty 

8 under subparagraph (A) or (B) of section 115(b)(1) of this 

9 title, if the President determines the waiver is necessary to 

10 provide assistance in responding to the major disaster or 

11 emergency.’’. 

12 (b) TERMINATION OF WAIVER.—Subsection (b) of such 

13 section is amended— 

14 (1) by striking the subsection heading and in15 serting the following: ‘‘TERMINATION OF WAIVER.— 

16 (1)’’; 

17 (2) by striking ‘‘subsection (a)’’ and inserting 

18 ‘‘subsection (a)(1)’’; and 

19 (3) by adding at the end the following new para20 graph: 

21 ‘‘(2) A waiver granted under subsection (a)(2) shall 

22 terminate not later than 90 days after the date on which 

23 the designation of the major disaster or emergency that was 

24 the basis for the waiver expires.’’. 

25 (c) CLERICAL AMENDMENTS.— 


jbell on PROD1PC69 with BILLS
132 

•HR 5658 RH

1 (1) SECTION HEADING.—The heading of such sec2 tion is amended to read as follows: 

3 ‘‘§ 123a. Suspension of end-strength and other 

4 strength limitations in time of war or na5 tional emergency’’. 

6 (2) TABLE OF SECTIONS.—The table of sections 

7 at the beginning of chapter 3 of such title is amended 

8 by striking the item relating to section 123a and in9 serting the following new item: 

‘‘123a. Suspension of end-strength and other strength limitations in time of war 

or national emergency.’’. 

10 Subtitle C—Authorization of 

11 Appropriations 

12 SEC. 421. MILITARY PERSONNEL. 

13 There is hereby authorized to be appropriated to the 

14 Department of Defense for military personnel for fiscal year 

15 2009 a total of $124,659,768,000. The authorization in the 

16 preceding sentence supersedes any other authorization of 

17 appropriations (definite or indefinite) for such purpose for 

18 fiscal year 2009. 

19 TITLE V—MILITARY PERSONNEL 

20 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. 


jbell on PROD1PC69 with BILLS
133 

•HR 5658 RH

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 

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. 

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. 


jbell on PROD1PC69 with BILLS
134 

•HR 5658 RH

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. 

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. 

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. 

1 Subtitle A—Officer Personnel Policy 

2 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— 


jbell on PROD1PC69 with BILLS
135 

•HR 5658 RH

1 (1) by striking ‘‘A regular warrant officer who 

2 has at least 30 years of active service as a warrant 

3 officer that could be credited to him’’ and inserting 

4 ‘‘(1) A regular warrant officer (other than a regular 

5 Army warrant officer) who has at least 30 years of 

6 active service that could be credited to the officer’’; 

7 and 

8 (2) by adding at the end the following new para9 graph: 

10 ‘‘(2) In the case of a regular Army warrant officer, 

11 the calculation of years of active service under paragraph 

12 (1) shall include only years of active service as a warrant 

13 officer.’’. 

14 SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS 

15 COMMISSIONS AND WARRANTS. 

16 (a) POSTHUMOUS COMMISSIONS.—Section 1521 of 

17 title 10, United States Code, is amended— 

18 (1) in subsection (a), by striking ‘‘in line of 

19 duty’’ each place it appears; and 

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(c) A commission issued under subsection (a) in con23 nection with the promotion of a deceased member to a high24 er commissioned grade shall require certification by the Sec25 retary concerned that, at the time of death of the member, 


jbell on PROD1PC69 with BILLS
136 

•HR 5658 RH

1 the member was qualified for appointment to that higher 

2 grade.’’. 

3 (b) POSTHUMOUS WARRANTS.—Section 1522(a) of 

4 such title is amended 

5 (1) by striking ‘‘in line of duty’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(c) A warrant issued under subsection (a) in connec9 tion with the promotion of a deceased member to a higher 

10 grade shall require a finding by the Secretary of the mili11 tary department concerned that, at the time of death of the 

12 member, the member was qualified for appointment to that 

13 higher grade.’’. 

14 SEC. 503. EXTENSION OF AUTHORITY TO REDUCE MINIMUM 

15 LENGTH OF ACTIVE SERVICE REQUIRED FOR 

16 VOLUNTARY RETIREMENT AS AN OFFICER. 

17 (a) ARMY.—Section 3911(b)(2) of title 10, United 

18 States Code, is amended by inserting after ‘‘December 31, 

19 2008,’’ the following: ‘‘and again during the one-year period 

20 beginning on October 1, 2013,’’. 

21 (b) NAVY AND MARINE CORPS.—Section 6323(a)(2)(B) 

22 of such title is amended by inserting after ‘‘December 31, 

23 2008,’’ the following: ‘‘and again during the one-year period 

24 beginning on October 1, 2013,’’. 


jbell on PROD1PC69 with BILLS
137 

•HR 5658 RH

1 (c) AIR FORCE.—Section 8911(b)(2) of such title is 

2 amended by inserting after ‘‘December 31, 2008,’’ the fol3 lowing: ‘‘and again during the one-year period beginning 

4 on October 1, 2013,’’. 

5 SEC. 504. INCREASE IN AUTHORIZED NUMBER OF GENERAL 

6 OFFICERS ON ACTIVE DUTY IN THE MARINE 

7 CORPS. 

8 (a) INCREASE.—Section 526(a)(4) of title 10, United 

9 States Code, is amended by striking ‘‘80’’ and inserting 

10 ‘‘81’’. 

11 (b) CONFORMING AMENDMENTS REGARDING DIS12 TRIBUTION OF MARINE GENERAL OFFICERS.—Section 525 

13 of such title is amended— 

14 (1) in the first sentence of subsection (a), by 

15 striking ‘‘that armed force’’ and inserting ‘‘the Army 

16 or Air Force, or more than 51 percent of the general 

17 officers of the Marine Corps,’’; and 

18 (2) in subsection (b)(2)(B), by striking ‘‘17.5 

19 percent’’ and inserting ‘‘19 percent’’. 


jbell on PROD1PC69 with BILLS
138 

•HR 5658 RH

1 Subtitle B—Reserve Component 

2 Management 

3 SEC. 511. EXTENSION TO ALL MILITARY DEPARTMENTS OF 

4 AUTHORITY TO DEFER MANDATORY SEPARA5 TION OF MILITARY TECHNICIANS (DUAL STA6 TUS). 

7 Section 10216(f) of title 10, United States Code, is 

8 amended by striking ‘‘Secretary of the Army’’ and inserting 

9 ‘‘Secretary concerned’’. 

10 SEC. 512. INCREASE IN AUTHORIZED STRENGTHS FOR MA11 RINE CORPS RESERVE OFFICERS ON ACTIVE 

12 DUTY IN THE GRADES OF MAJOR AND LIEU13 TENANT COLONEL TO MEET FORCE STRUC14 TURE REQUIREMENTS. 

15 The table in section 12011(a) of title 10, United States 

16 Code, relating to the number of officers of a reserve compo17 nent who may be serving in certain grades given the total 

18 number of members of that reserve component serving on 

19 full-time reserve component duty, is amended by striking 

20 the portion of the table relating to the Marine Corps Reserve 

21 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


jbell on PROD1PC69 with BILLS
139 

•HR 5658 RH

‘‘Marine Corps Reserve: Major Lieutenant Colonel Colonel 

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’’. 

1 SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER 

2 FOR A VACANCY PROMOTION NATIONAL 

3 GUARD OFFICERS ORDERED TO ACTIVE DUTY 

4 IN SUPPORT OF A CONTINGENCY OPERATION. 

5 (a) ADDITIONAL EXCEPTION.—Subsection (d) of sec6 tion 14317 of title 10, United States Code, is amended— 

7 (1) in the first sentence— 

8 (A) by striking ‘‘Except’’ and inserting ‘‘(1) 

9 Except’’; 

10 (B) by striking ‘‘unless the officer is or11 dered’’ and inserting ‘‘unless the officer— 

12 ‘‘(A) is ordered’’; 

13 (C) by striking the period at the end and 

14 inserting ‘‘; or’’; and 

15 (D) by adding at the end the following new 

16 subparagraph: 

17 ‘‘(B) has been ordered to or is serving on active 

18 duty in support of a contingency operation.’’; and 

19 (2) in the second sentence, by striking ‘‘If’’ and 

20 inserting the following: 


jbell on PROD1PC69 with BILLS
140 

•HR 5658 RH

1 ‘‘(2) If’’. 

2 (b) CONSIDERATION FOR PROMOTION BY EXAMINATION

3 FOR FEDERAL RECOGNITION.—Subsection (e)(1)(B) of such 

4 section is amended by inserting before the period at the end 

5 the following: ‘‘, or by examination for Federal recognition 

6 under title 32’’. 

7 SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR 

8 CERTAIN RESERVE OFFICERS. 

9 (a) SELECTIVE SERVICE AND PROPERTY AND FISCAL

10 OFFICERS.—Section 12647 of title 10, United States Code, 

11 is amended by striking ‘‘60 years’’ and inserting ‘‘62 

12 years’’. 

13 (b) CERTAIN RESERVE OFFICERS IN GRADES OF

14 MAJOR THROUGH BRIGADIER GENERAL.— 

15 (1) INCREASED AGE.—Section 14702(b) of such 

16 title is amended— 

17 (A) in the subsection heading, by striking 

18 ‘‘AT AGE 60’’ and inserting ‘‘FOR AGE’’; and 

19 (B) by striking ‘‘subsection (a)(1) or 

20 (a)(2).’’ and all that follows through the period 

21 at the end of the last sentence and inserting the 

22 following: ‘‘paragraph (1) or (2) of subsection 

23 (a). An officer described in paragraph (1) of 

24 such subsection may not be retained under this 

25 section after the last day of the month in which 


jbell on PROD1PC69 with BILLS
141 

•HR 5658 RH

1 the officer becomes 62 years of age. An officer de2 scribed in paragraph (2) of such subsection may 

3 not be retained under this section after the last 

4 day of the month in which the officer becomes 60 

5 years of age.’’. 

6 (c) CLERICAL AMENDMENTS.— 

7 (1) SECTION HEADING.—The heading of section 

8 14702 of such title is amended to read as follows: 

9 ‘‘§ 14702. Retention on reserve active-status list of cer10 tain officers in the grade of major, lieu11 tenant colonel, colonel, or brigadier gen12 eral’’. 

13 (2) TABLE OF SECTIONS.—The table of sections 

14 at the beginning of chapter 1409 of such title is 

15 amended by striking the item relating to section 

16 14702 and inserting the following new item: 

‘‘14702. Retention on reserve active-status list of certain officers in the grade of 

major, lieutenant colonel, colonel, or brigadier general.’’. 

17 SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE 

18 OFFICERS ON ACTIVE-STATUS LIST AS EXCEP19 TION TO REMOVAL FOR YEARS OF COMMIS20 SIONED SERVICE. 

21 Section 14508 of title 10, United States Code, is 

22 amended— 

23 (1) by redesignating subsection (g) as subsection 

24 (h); and 


jbell on PROD1PC69 with BILLS
142 

•HR 5658 RH

1 (2) by inserting after subsection (f) the following 

2 new subsection (g): 

3 ‘‘(g) RETENTION OF LIEUTENANT GENERALS.—A re4 serve officer of the Army or Air Force in the grade of lieu5 tenant general who would otherwise be removed from an 

6 active status under subsection (c) may, in the discretion 

7 of the Secretary of the Army or the Secretary of the Air 

8 Force, as the case may be, be retained in an active status, 

9 but not later than the date on which the officer becomes 

10 66 years of age.’’. 

11 SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND 

12 OFFICERS IN MEDICAL AND RELATED SPE13 CIALTIES UNTIL AGE 68. 

14 (a) RESERVE CHAPLAINS AND MEDICAL OFFICERS.— 

15 Section 14703(b) of title 10, United States Code, is amended 

16 by striking ‘‘67 years’’ and inserting ‘‘68 years’’. 

17 (b) NATIONAL GUARD CHAPLAINS AND MEDICAL OFFI18 CERS.—Section 324 of title 32, United States Code, is 

19 amended by adding at the end the following new subsection: 

20 ‘‘(c) Notwithstanding subsection (a)(1), an officer of 

21 the National Guard serving as a chaplain, medical officer, 

22 dental officer, nurse, veterinarian, Medical Service Corps 

23 officer, or biomedical sciences officer may be retained, with 

24 the officer’s consent, until the date on which the officer be25 comes 68 years of age.’’. 


jbell on PROD1PC69 with BILLS
143 

•HR 5658 RH

1 SEC. 517. STUDY AND REPORT REGARDING PERSONNEL 

2 MOVEMENTS IN MARINE CORPS INDIVIDUAL 

3 READY RESERVE. 

4 The Secretary of the Navy shall conduct a study to 

5 analyze the policies and procedures used by the Marine 

6 Corps Reserve during fiscal years 2001 through 2008 for 

7 the movement of personnel in and out of the Individual 

8 Ready Reserve. Not later than 90 days after the date of the 

9 enactment of this Act, the Secretary shall submit to the con10 gressional defense committees a report containing the re11 sults of the study. 

12 Subtitle C—Joint Qualified Officers 

13 and Requirements 

14 SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO 

15 GENERAL OR FLAG OFFICER. 

16 (a) IN GENERAL.—Section 619a of title 10, United 

17 States Code, is amended 

18 (1) in subsection (a), by striking ‘‘unless—’’ and 

19 all that follows through ‘‘the joint specialty’’ and in20 serting ‘‘unless the officer has been designated as a 

21 Joint Qualified Officer’’; 

22 ( 2) in subsection (b)— 

23 (A) by striking ‘‘paragraph (1) or para24 graph (2) of subsection (a), or both paragraphs 

25 (1) and (2) of subsection (a),’’ in the matter preVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
144 

•HR 5658 RH

1 ceding paragraph (1) and inserting ‘‘subsection 

2 (a)’’; and 

3 (B) in paragraph (4), by striking ‘‘within 

4 that immediate organization is not less than two 

5 years’’ and inserting ‘‘is not less than two years 

6 and the officer has successfully completed a pro7 gram of education described in subsections (b) 

8 and (c) of section 2155 of this title’’; and 

9 (3) by striking subsection (h). 

10 (b) CLERICAL AMENDMENTS.— 

11 (1) SECTION HEADING.—The heading of such sec12 tion is amended to read as follows: 

13 ‘‘§ 619a. Eligibility for consideration for promotion: 

14 designation as Joint Qualified Officer re15 quired before promotion to general or flag 

16 grade; exceptions’’. 

17 (2) TABLE OF SECTIONS.—The table of sections 

18 at the beginning of subchapter II of chapter 36 of 

19 such title is amended by striking the item relating to 

20 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.’’. 

21 SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL 

22 CHANGES TO JOINT SPECIALTY TERMI23 NOLOGY. 

24 (a) REFERENCE TO JOINT QUALIFIED OFFICER.— 


jbell on PROD1PC69 with BILLS
145 

•HR 5658 RH

1 (1) IN GENERAL.—Subsection (a) of section 661 

2 of title 10, United States Code, is amended in the sec3 ond sentence by striking ‘‘in such manner as the Sec4 retary of Defense directs’’ and inserting ‘‘as a Joint 

5 Qualified Officer or in such other manner as the Sec6 retary of Defense directs’’. 

7 (2) SECTION HEADING.—The heading of such sec8 tion is amended to read as follows: 

9 ‘‘§ 661. Management policies for Joint Qualified Offi10 cers’’. 

11 (3) TABLE OF SECTIONS.—The table of sections 

12 at the beginning of chapter 38 of such title is amend13 ed by striking the item related to section 661 and in14 serting the following new item: 

‘‘661. Management policies for Joint Qualified Officers.’’. 

15 (b) JOINT DUTY ASSIGNMENTS AFTER COMPLETION

16 OF JOINT PROFESSIONAL MILITARY EDUCATION.—Section 

17 663 of title 10, United States Code, is amended— 

18 (1) in subsection (a)— 

19 (A) in the subsection heading, by striking 

20 ‘‘JOINT SPECIALTY’’ and inserting ‘‘JOINT

21 QUALIFIED’’; and 

22 (B) by striking ‘‘with the joint specialty’’ 

23 and inserting ‘‘designated as a Joint Qualified 

24 Officer’’; and 


jbell on PROD1PC69 with BILLS
146 

•HR 5658 RH

1 (2) in subsection (b)(1), by striking ‘‘do not have 

2 the joint specialty’’ and inserting ‘‘are not designated 

3 as a Joint Qualified Officer’’. 

4 (c) PROCEDURES FOR MONITORING CAREERS OF

5 JOINT QUALIFIED OFFICERS.— 

6 (1) IN GENERAL.—Section 665 of such title is 

7 amended— 

8 (A) in subsection (a)(1)(A), by striking 

9 ‘‘with the joint specialty’’ and inserting ‘‘des10 ignated as a Joint Qualified Officer’’; and 

11 (B) in subsection (b)(1), by striking ‘‘with 

12 the joint specialty’’ and inserting ‘‘designated as 

13 a Joint Qualified Officer’’. 

14 (2) SECTION HEADING.—The heading of such sec15 tion is amended to read as follows: 

16 ‘‘§ 665. Procedures for monitoring careers of Joint 

17 Qualified Officers’’. 

18 (3) TABLE OF SECTIONS.—The table of sections 

19 at the beginning of chapter 38 of such title is amend20 ed by striking the item related to section 665 and in21 serting the following new item: 

‘‘665. Procedures for monitoring careers of Joint Qualified Officers.’’. 

22 (d) JOINT SPECIALTY TERMINOLOGY IN ANNUAL RE23 PORT.—Section 667 of title 10, United States Code, is 

24 amended— 

25 (1) in paragraph (1)— 


jbell on PROD1PC69 with BILLS
147 

•HR 5658 RH

1 (A) in subparagraph (A), by striking ‘‘se2 lected for the joint specialty’’ and inserting ‘‘des3 ignated as a Joint Qualified Officer’’; and 

4 (B) in subparagraph (B), by striking ‘‘selec5 tion for the joint specialty’’ and inserting ‘‘des6 ignation as a Joint Qualified Officer,’’; 

7 (2) in paragraph (2), by striking ‘‘with the joint 

8 specialty’’ and inserting ‘‘designated as a Joint 

9 Qualified Officer’’; 

10 (3) in paragraph (3), by striking ‘‘selected for 

11 the joint specialty’’ each place it appears and insert12 ing ‘‘designated as a Joint Qualified Officer’’; 

13 (4) in paragraph (4)— 

14 (A) in subparagraph (A), by striking ‘‘se15 lected for the joint specialty’’ and inserting ‘‘des16 ignated as a Joint Qualified Officer’’; and 

17 (B) by striking subparagraph (B) and in18 serting the following new subparagraph: 

19 ‘‘(B) a comparison of the number of officers 

20 who were designated as a Joint Qualified Officer 

21 who had served in a Joint Duty Assignment List 

22 billet and completed Joint Professional Military 

23 Education Phase II, with the number designated 

24 as a Joint Qualified Officer based on their aggreVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
148 

•HR 5658 RH

1 gated joint experiences and completion of Joint 

2 Professional Military Education Phase II.’’; 

3 (5) by striking paragraphs (5) through (10), 

4 (13), and (16), and redesignating paragraphs (11), 

5 (12), (14) (15), (17), and (18) as paragraphs (7), (8), 

6 (9), (10), (12), and (13), respectively; 

7 (6) by inserting after paragraph (4) the fol8 lowing new paragraphs: 

9 ‘‘(5) The promotion rate for officers designated 

10 as a Joint Qualified Officer, compared with the pro11 motion rate for other officers considered for promotion 

12 from within the promotion zone in the same pay 

13 grade and the same competitive category. A similar 

14 comparison will be made for officers both below the 

15 promotion zone and above the promotion zone. 

16 ‘‘(6) An analysis of assignments of officers after 

17 their designation as a Joint Qualified Officer.’’; and 

18 (7) by inserting after paragraph (10), as redesig19 nated by paragraph (5), the following new paragraph: 

20 ‘‘(11) The number of officers in the grade of cap21 tain (or in the case of the Navy, lieutenant) and 

22 above, certified at each level of joint qualification as 

23 established in regulation and policy by the Secretary 

24 of Defense with the advice of the Chairman of the 


jbell on PROD1PC69 with BILLS
149 

•HR 5658 RH

1 Joint Chiefs of Staff. Such numbers shall be reported 

2 by service and grade of the officer.’’. 

3 SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT 

4 QUALIFIED OFFICERS. 

5 Section 662 of title 10, United States Code, is amend6 ed— 

7 (1) in subsection (a), by striking ‘‘that—’’ and 

8 all that follows through ‘‘served in joint duty assign9 ments’’ and inserting ‘‘that officers in the grade of 

10 major (or in the case of the Navy, lieutenant com11 mander) or above who are designated as a Joint 

12 Qualified Officer’’; and 

13 (2) in subsection (b), by striking ‘‘officers who 

14 are serving in, or have served in, joint duty assign15 ments, especially with respect to the record of officer 

16 selection boards in meeting the objectives of para17 graphs (1) and (2) of subsection (a).’’ and inserting 

18 ‘‘officers in the grades of major (or in the case of the 

19 Navy, lieutenant commander) through colonel (or in 

20 the case of the Navy, captain) who are designated as 

21 a Joint Qualified Officer, especially with respect to 

22 the record of officer selection boards in meeting the 

23 objective of subsection (a).’’. 


jbell on PROD1PC69 with BILLS
150 

•HR 5658 RH

1 SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS. 

2 (a) SERVICE EXCLUDED FROM TOUR LENGTH.—Sub3 section (d) of section 664 of title 10, United States Code, 

4 is amended— 

5 (1) in paragraph (1), by striking subparagraph 

6 (D) and inserting the following new subparagraph: 

7 ‘‘(D) a qualifying reassignment from a joint 

8 duty assignment— 

9 ‘‘(i) for unusual personal reasons, in10 cluding extreme hardship and medical con11 ditions, beyond the control of the officer or 

12 the armed forces; or 

13 ‘‘(ii) to another joint duty assignment 

14 immediately after— 

15 ‘‘(I) the officer was promoted to a 

16 higher grade, if the reassignment was 

17 made because no joint duty assignment 

18 was available within the same organi19 zation that was commensurate with the 

20 officer’s new grade; or 

21 ‘‘(II) the officer’s position was 

22 eliminated in a reorganization.’’; and 

23 (2) by striking paragraph (3) and inserting the 

24 following new paragraph: 

25 ‘‘(3) Service in a joint duty assignment in a case 

26 in which the officer’s tour of duty in that assignment 


jbell on PROD1PC69 with BILLS
151 

•HR 5658 RH

1 brings the officer’s accrued service for purposes of sub2 section (f)(3) to the applicable standard prescribed in 

3 subsection (a).’’. 

4 (b) COMPUTING AVERAGE LENGTH OF JOINT DUTY

5 ASSIGNMENTS.—Subsection (e) of such section is amended 

6 by striking paragraph (2) and inserting the following new 

7 paragraph: 

8 ‘‘(2) In computing the average length of joint duty as9 signments for purposes of paragraph (1), the Secretary may 

10 exclude the following service: 

11 ‘‘(A) Service described in subsection (c). 

12 ‘‘(B) Service described in subsection (d). 

13 ‘‘(C) Service described in subsection (f)(6).’’. 

14 (c) COMPLETION OF TOUR OF DUTY.—Subsection (f) 

15 of such section is amended— 

16 (1) in paragraph (3), by striking ‘‘Cumulative 

17 service’’ and inserting ‘‘Accrued joint experience’’; 

18 (2) in paragraph (4), by striking ‘‘(except’’ and 

19 all that follows through ‘‘any time)’’; and 

20 (3) by striking paragraph (6) and inserting the 

21 following new paragraph: 

22 ‘‘(6) A second and subsequent joint duty assign23 ment that is less than the period required under sub24 section (a), but not less than two years.’’. 


jbell on PROD1PC69 with BILLS
152 

•HR 5658 RH

1 (d) ACCRUED JOINT EXPERIENCE AS FULL TOUR OF

2 DUTY.—Subsection (g) of such section is amended to read 

3 as follows: 

4 ‘‘(g) ACCRUED JOINT EXPERIENCE.—For the purposes 

5 of subsection (f)(3), the Secretary of Defense may prescribe, 

6 by regulation, certain joint experience, such as temporary 

7 duty in joint assignments, joint individual training, and 

8 participation in joint exercises, that may be aggregated to 

9 equal a full tour of duty. The Secretary shall prescribe the 

10 regulations with the advice of the Chairman of the Joint 

11 Chiefs of Staff.’’. 

12 (e) CONSTRUCTIVE CREDIT.—Subsection (h) of such 

13 section is amended— 

14 (1) in paragraph (1), by striking ‘‘subsection 

15 (f)(1), (f)(2), (f)(4), or (g)(2)’’ and inserting ‘‘para16 graphs (1), (2), and (4) of subsection (f)’’; and 

17 (2) by striking paragraph (3). 

18 (f) REPEAL OF JOINT DUTY CREDIT FOR CERTAIN

19 JOINT TASK FORCE ASSIGNMENTS.—Such section is further 

20 amended by striking subsection (i). 


jbell on PROD1PC69 with BILLS
153 

•HR 5658 RH

1 SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER 

2 POSITIONS ON JOINT STAFF AS POSITIONS 

3 TO BE HELD ONLY BY RESERVE COMPONENT 

4 OFFICERS. 

5 Section 526(b)(2)(A) of title 10, United States Code, 

6 is amended by striking ‘‘a general and flag officer position’’ 

7 and inserting ‘‘up to three general and flag officer posi8 tions’’. 

9 SEC. 526. TREATMENT OF CERTAIN SERVICE AS JOINT 

10 DUTY EXPERIENCE. 

11 (a) VICE CHIEFS, ARMY AND AIR NATIONAL GUARD.— 

12 Section 10506(a)(3) of title 10, United States Code is 

13 amended— 

14 (1) by redesignating subparagraphs (C), (D), 

15 and (E) as subparagraphs (D), (E), and (F), respec16 tively; and 

17 (2) by inserting after subparagraph (B) the fol18 lowing new subparagraph (C): 

19 ‘‘(C) Service of an officer as adjutant general shall be 

20 treated as joint duty experience for purposes of assignment 

21 or promotion to any position designated by law as open 

22 to a National Guard general officer.’’. 

23 (b) ADJUTANTS GENERAL AND SIMILAR OFFICERS.— 

24 The service of an officer of the Armed Forces as adjutant 

25 general, or as an officer (other than adjutant general) of 

26 the National Guard of a State who performs the duties of 


jbell on PROD1PC69 with BILLS
154 

•HR 5658 RH

1 adjutant general under the laws of such State, shall be treat2 ed as joint duty or joint duty experience for purposes of 

3 any provisions of law required such duty or experience as 

4 a condition of assignment or promotion. 

5 (c) REPORT ON DUTY IN JOINT FORCE HEAD6 QUARTERS TO QUALIFY AS JOINT DUTY EXPERIENCE.—Not 

7 later than April 1, 2009, the Chief of the National Guard 

8 Bureau shall, in consultation with the adjutants general of 

9 the National Guard, submit to the Chairman of the Joint 

10 Chiefs of Staff and to Congress a report setting forth the 

11 recommendations of the Chief of the National Guard Bu12 reau as to which duty of officers of the National Guard in 

13 the Joint Force Headquarters of the National Guard of the 

14 States should qualify as joint duty or joint duty experience 

15 for purposes of the provisions of law requiring such duty 

16 or experience as a condition of assignment or promotion. 

17 (d) REPORTS ON JOINT EDUCATION COURSES.—Not 

18 later than April 1 of each of 2009, 2010, and 2011, the 

19 Chairman of the Joint Chiefs of Staff shall submit to Con20 gress a report setting forth information on the joint edu21 cation courses available through the Department of Defense 

22 for purposes of the pursuit of joint careers by officers in 

23 the Armed Forces. Each report shall include, for the pre24 ceding year, the following: 


jbell on PROD1PC69 with BILLS
155 

•HR 5658 RH

1 (1) A list and description of the joint education 

2 courses so available during such year. 

3 (2) A list and description of the joint education 

4 courses listed under paragraph (1) that are available 

5 to and may be completed by officers of the reserve 

6 components of the Armed Forces in other than an in7 resident duty status under title 10 or 32, United 

8 States Code. 

9 (3) For each course listed under paragraph (1), 

10 the number of officers from each Armed Force who 

11 pursued such course during such year, including the 

12 number of officers of the Army National Guard, and 

13 of the Air National Guard, who pursued such course. 

14 (e) MEMORANDUM OF UNDERSTANDING REGARDING

15 THE UNITED STATES NORTHERN COMMAND AND OTHER

16 COMBATANT COMMANDS.— 

17 (1) MEMORANDUM REQUIRED.—Not later than 

18 180 days after the date of the enactment of this Act, 

19 the Commander of the United States Northern Com20 mand, the Commander of the United States Pacific 

21 Command, and the Chief of the National Guard Bu22 reau shall, with the approval of the Secretary of De23 fense, jointly enter into a memorandum of under24 standing setting forth the operational relationships, 

25 and individual roles and responsibilities, during reVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
156 

•HR 5658 RH

1 sponses to domestic emergencies among the United 

2 States Northern Command, the United States Pacific 

3 Command, and the National Guard Bureau. 

4 (2) MODIFICATION.—The Commander of the 

5 United States Northern Command, the Commander of 

6 the United States Pacific Command, and the Chief of 

7 the National Guard Bureau may from time to time 

8 modify the memorandum of understanding under this 

9 subsection to address changes in circumstances and 

10 for such other purposes as the Commander of the 

11 United States Northern Command, the Commander of 

12 the United States Pacific Command, and the Chief of 

13 the National Guard Bureau jointly consider appro14 priate. Each such modification shall be subject to the 

15 approval of the Secretary of Defense. 

16 (f) REPORT ON DEFENSE OF THE HOMELAND.— 

17 (1) REVIEW.—The Secretary of Defense, in con18 sultation with the Chief of the National Guard Bu19 reau, shall conduct a review of the role of the Depart20 ment of Defense in the defense of the homeland. In 

21 conducting that review, the Secretary shall— 

22 (A) assess section II of the Final Report to 

23 Congress and the Secretary of Defense of the 

24 Commission on the National Guard and Re25 serves, dated January 31, 2008, and titled 


jbell on PROD1PC69 with BILLS
157 

•HR 5658 RH

1 ‘‘Transforming the National Guard and Reserves 

2 into a 21st-Century Operational Force’’; and 

3 (B) comment on recommendation number 2 

4 under section II of the report described in sub5 paragraph (A). 

6 (2) REPORT.—Not later than April 1, 2009, the 

7 Secretary of Defense shall issue to the Committee on 

8 Armed Services of the Senate and the Committee on 

9 Armed Services of the House of Representatives a re10 port on the review. 

11 Subtitle D—General Service 

12 Authorities 

13 SEC. 531. INCREASE IN AUTHORIZED MAXIMUM REENLIST14 MENT TERM. 

15 (a) INCREASE TO EIGHT-YEAR MAXIMUM.—Section 

16 505(d) of title 10, United States Code, is amended— 

17 (1) in paragraph (2), by striking ‘‘six years’’ 

18 and inserting ‘‘eight years’’; and 

19 (2) in paragraph (3)(A), by striking ‘‘six years’’ 

20 and inserting ‘‘eight years’’. 

21 (b) CONFORMING AMENDMENT REGARDING REENLIST22 MENT BONUS.—Section 308(a)(2)(ii) of title 37, United 

23 States Code, is amended by striking ‘‘not to exceed six’’. 


jbell on PROD1PC69 with BILLS
158 

•HR 5658 RH

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 a 

7 military department may establish a pilot program under 

8 which an officer or enlisted member of an armed force under 

9 the jurisdiction of the Secretary— 

10 ‘‘(A) is released from active duty for a period not 

11 to exceed the period specified in subsection (c)(1) to 

12 meet personal or professional needs of the member; 

13 ‘‘(B) is transferred to the Ready Reserve of that 

14 armed force during such period, as provided in sub15 section (d); and 

16 ‘‘(C) is returned to active duty at the end of such 

17 period, as provided in subsection (c)(2). 

18 ‘‘(2) The pilot program shall be known as the ‘Career 

19 Intermission Pilot Program’ (in this section referred to as 

20 the ‘program’). 

21 ‘‘(b) NUMBER OF PARTICIPANTS.—No more than 20 of22 ficers and 20 enlisted members of each armed force under 

23 the jurisdiction of the Secretary of a military department 

24 may be selected per year for participation in the program. 

25 ‘‘(c) MAXIMUM DURATION OF ABSENCE; RETURN TO

26 ACTIVE DUTY.—(1) The period during which a member 


jbell on PROD1PC69 with BILLS
159 

•HR 5658 RH

1 participating in the program will be released from active 

2 duty shall be agreed upon by the Secretary concerned and 

3 the member, but the period may not exceed three years from 

4 the date of the member’s release from active duty. 

5 ‘‘(2) A member participating in the program shall re6 turn to active duty at the end of the agreed-upon period 

7 or such earlier date as the member may request. 

8 ‘‘(d) RESERVE AGREEMENT.—(1) Before being released 

9 from active duty under the program, a member partici10 pating in the program shall— 

11 ‘‘(A) be appointed or enlisted in the Ready Re12 serve for the member’s armed force; and 

13 ‘‘(B) enter into an agreement with the Secretary 

14 concerned to serve on active duty in a regular or re15 serve component, as determined by the Secretary, for 

16 a period of not less than two months for every month 

17 of program participation following the member’s re18 turn to active duty. 

19 ‘‘(2) During the period of release from active duty, a 

20 member participating in the program shall report at least 

21 once per month to a location designated by the Secretary 

22 concerned and be required to maintain the job specialty 

23 qualifications the member held immediately before being re24 leased from active duty under the program. 


jbell on PROD1PC69 with BILLS
160 

•HR 5658 RH

1 ‘‘(3) The Secretary of Defense shall issue regulations 

2 specifying the guidelines regarding the conditions of release 

3 that must be considered and addressed in the agreement re4 quired by this subsection. At a minimum, the Secretary 

5 shall prescribe the procedures and standards to be used to 

6 instruct a member on the obligations to be assumed by the 

7 member under paragraph (2) while the member is released 

8 from active duty. 

9 ‘‘(e) EXCLUSION OF TIME IN PROGRAM.—Time spent 

10 in the program shall not count toward— 

11 ‘‘(1) determining eligibility for retirement or 

12 transfer to the Ready Reserve under chapter 367, 571, 

13 867, or 1223 of this title; 

14 ‘‘(2) computation of retired or retainer pay 

15 under chapter 71 or chapter 1223 of this title; or 

16 ‘‘(3) computation of total years of commissioned 

17 service under section 14706 of this title. 

18 ‘‘(f) MEDICAL AND DENTAL CARE.—While a member 

19 is participating in the program, the member shall remain 

20 entitled to medical and dental care on the same basis as 

21 a member of the armed forces on active duty, and depend22 ents of a member participating in the program shall remain 

23 entitled to medical and dental care on the same basis as 

24 the dependents of a member of the armed forces on active 

25 duty. 


jbell on PROD1PC69 with BILLS
161 

•HR 5658 RH

1 ‘‘(g) PROMOTION ELIGIBILITY.—(1) An officer partici2 pating in the program shall not be eligible for consideration 

3 for promotion under chapter 36 or 1405 of this title during 

4 the period of the officer’s release from active duty. Upon 

5 return to active duty— 

6 ‘‘(A) the officer’s date of rank shall be adjusted 

7 to a later date under regulations prescribed by the 

8 Secretary of Defense; and 

9 ‘‘(B) the officer shall be eligible for consideration 

10 for promotion when officers of the same competitive 

11 category, grade, and seniority are eligible for consid12 eration. 

13 ‘‘(2) An enlisted member participating in the program 

14 is ineligible for consideration for promotion during the pe15 riod of the member’s release from active duty and until such 

16 time after the member’s return to active duty when the 

17 member becomes eligible for promotion by reason of time 

18 in grade and such other requirements as may be specified 

19 in regulations. 

20 ‘‘(h) BASIC PAY.—For each month during which a 

21 member is released from active duty under the program, 

22 the member is entitled to two times one-thirtieth of the basic 

23 pay to which the member would be otherwise entitled based 

24 on grade and years of service if the member remained on 

25 active duty. 


jbell on PROD1PC69 with BILLS
162 

•HR 5658 RH

1 ‘‘(i) TRAVEL AND TRANSPORTATION ALLOWANCES.— 

2 (1) Notwithstanding any other provision of law, a member 

3 participating in the program is entitled to the travel and 

4 transportation allowances under section 404 of title 37 for 

5 travel— 

6 ‘‘(A) performed from the member’s location, at 

7 the time of the member’s release from active duty 

8 under the program, to the location in the United 

9 States designated as the member’s permanent resi10 dence; and 

11 ‘‘(B) performed in connection with the member’s 

12 return to active duty. 

13 ‘‘(2) An allowance will be paid under this subsection 

14 for travel to and from only one residence. 

15 ‘‘(j) SPECIAL AND INCENTIVE PAYS AND BONUSES.— 

16 While released from active duty under the program, a mem17 ber may not receive any special or incentive pay or bonus 

18 under chapter 5 of title 37 to which the member would oth19 erwise be entitled. When the member returns to active duty 

20 after the period of participation in the program, the mem21 ber shall receive all of the special and incentive pays that 

22 the member was receiving before being released from active 

23 duty and for which the member remains qualified to receive 

24 upon the return to active duty. 


jbell on PROD1PC69 with BILLS
163 

•HR 5658 RH

1 ‘‘(k) DURATION OF PROGRAM AUTHORITY.—The au2 thority to conduct the program commences on January 1, 

3 2009, and no member may be released from active duty 

4 under the program after December 31, 2014.’’. 

5 (b) EXCLUSION FROM COMPUTATION OF RESERVE OF6 FICER’S TOTAL YEARS OF SERVICE.—Section 14706(a) of 

7 such title is amended by adding at the end the following 

8 new paragraph: 

9 ‘‘(4) Service while participating in the Career 

10 Intermission Pilot Program under section 708a of 

11 this title.’’. 

12 (c) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of chapter 40 of such title is amended by in14 serting after the item relating to section 708 the following 

15 new item: 

‘‘708a. Career intermission pilot program.’’. 

16 Subtitle E—Education and 

17 Training 

18 SEC. 541. REPEAL OF PROHIBITION ON PHASED INCREASE 

19 IN MIDSHIPMEN AND CADET STRENGTH 

20 LIMIT AT UNITED STATES NAVAL ACADEMY 

21 AND AIR FORCE ACADEMY. 

22 (a) NAVAL ACADEMY.—Section 6954(h)(1) of title 10, 

23 United States Code, is amended by striking the last sen24 tence. 


jbell on PROD1PC69 with BILLS
164 

•HR 5658 RH

1 (b) AIR FORCE ACADEMY.—Section 9342(j)(1) of title 

2 10, United States Code, is amended by striking the last sen3 tence. 

4 SEC. 542. PROMOTION OF FOREIGN AND CULTURAL EX5 CHANGE ACTIVITIES AT MILITARY SERVICE 

6 ACADEMIES. 

7 (a) UNITED STATES MILITARY ACADEMY.— 

8 (1) IN GENERAL.—Chapter 403 of title 10, 

9 United States Code, is amended by inserting after sec10 tion 4345 the following new section: 

11 ‘‘§ 4345a. Foreign and cultural exchange activities 

12 ‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 

13 the Army may authorize the Academy to permit students, 

14 officers, and other representatives of a foreign country to 

15 attend the Academy for periods of not more than two weeks 

16 if the Secretary determines that the attendance of such per17 sons contributes significantly to the development of foreign 

18 language, cross cultural interactions and understanding, 

19 and cultural immersion of cadets. 

20 ‘‘(b) COSTS AND EXPENSES.—The Secretary may pay 

21 the travel, subsistence, and similar personal expenses of per22 sons incurred to attend the Academy under subsection (a). 

23 ‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the 

24 Academy under subsection (a) are not considered to be stu25 dents enrolled at the Academy and are in addition to perVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
165 

•HR 5658 RH

1 sons receiving instruction at the Academy under section 

2 4344 or 4345 of this title. 

3 ‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Acad4 emy shall bear the costs of the attendance of persons under 

5 subsection (a) from funds appropriated for the Academy 

6 and from such additional funds as may be available to the 

7 Academy from a source, other than appropriated funds, to 

8 support cultural immersion, regional awareness, or foreign 

9 language training activities in connection with their 

10 attendence. 

11 ‘‘(2) Expenditures from appropriated funds in support 

12 of activities under this section may not exceed $40,000 dur13 ing any fiscal year.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended by 

16 inserting after the item relating to section 4345 the 

17 following new item: 

‘‘4345a. Foreign and cultural exchange activities.’’. 

18 (b) NAVAL ACADEMY.— 

19 (1) IN GENERAL.—Chapter 603 of title 10, 

20 United States Code, is amended by inserting after sec21 tion 6957a the following new section: 

22 ‘‘§ 6957b. Foreign and cultural exchange activities 

23 ‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 

24 the Navy may authorize the Naval Academy to permit stu25 dents, officers, and other representatives of a foreign counVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
166 

•HR 5658 RH

1 try to attend the Naval Academy for periods of not more 

2 than two weeks if the Secretary determines that the attend3 ance of such persons contributes significantly to the develop4 ment of foreign language, cross cultural interactions and 

5 understanding, and cultural immersion of midshipmen. 

6 ‘‘(b) COSTS AND EXPENSES.—The Secretary may pay 

7 the travel, subsistence, and similar personal expenses of per8 sons incurred to attend the Naval Academy under sub9 section (a). 

10 ‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the 

11 Naval Academy under subsection (a) are not considered to 

12 be students enrolled at the Naval Academy and are in addi13 tion to persons receiving instruction at the Naval Academy 

14 under section 6957 or 6957a of this title. 

15 ‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Naval 

16 Academy shall bear the costs of the attendance of persons 

17 under subsection (a) from funds appropriated for the Naval 

18 Academy and from such additional funds as may be avail19 able to the Naval Academy from a source, other than appro20 priated funds, to support cultural immersion, regional 

21 awareness, or foreign language training activities in con22 nection with their attendence. 

23 ‘‘(2) Expenditures from appropriated funds in support 

24 of activities under this section may not exceed $40,000 dur25 ing any fiscal year.’’. 


jbell on PROD1PC69 with BILLS
167 

•HR 5658 RH

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by 

3 inserting after the item relating to section 6957a the 

4 following new item: 

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

5 (c) AIR FORCE ACADEMY.— 

6 (1) IN GENERAL.—Chapter 903 of title 10, 

7 United States Code, is amended by inserting after sec8 tion 9345 the following new section: 

9 ‘‘§ 9345a. Foreign and cultural exchange activities 

10 ‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 

11 the Air Force may authorize the Air Force Academy to per12 mit students, officers, and other representatives of a foreign 

13 country to attend the Air Force Academy for periods of not 

14 more than two weeks if the Secretary determines that the 

15 attendance of such persons contributes significantly to the 

16 development of foreign language, cross cultural interactions 

17 and understanding, and cultural immersion of cadets. 

18 ‘‘(b) COSTS AND EXPENSES.—The Secretary may pay 

19 the travel, subsistence, and similar personal expenses of per20 sons incurred to attend the Air Force Academy under sub21 section (a). 

22 ‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the 

23 Air Force Academy under subsection (a) are not considered 

24 to be students enrolled at the Air Force Academy and are 


jbell on PROD1PC69 with BILLS
168 

•HR 5658 RH

1 in addition to persons receiving instruction at the Air Force 

2 Academy under section 9344 or 9345 of this title. 

3 ‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Air 

4 Force Academy shall bear the costs of the attendance of per5 sons under subsection (a) from funds appropriated for the 

6 Air Force Academy and from such additional funds as may 

7 be available to the Air Force Academy from a source, other 

8 than appropriated funds, to support cultural immersion, 

9 regional awareness, or foreign language training activities 

10 in connection with their attendence. 

11 ‘‘(2) Expenditures from appropriated funds in support 

12 of activities under this section may not exceed $40,000 dur13 ing any fiscal year.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended by 

16 inserting after the item relating to section 9345 the 

17 following new item: 

‘‘9345a. Foreign and cultural exchange activities.’’. 

18 SEC. 543. COMPENSATION FOR CIVILIAN PRESIDENT OF 

19 NAVAL POSTGRADUATE SCHOOL. 

20 Section 7042 of title 10, United States Code, is amend21 ed by adding at the end the following new subsection: 

22 ‘‘(c)(1) If the individual holding the position of Presi23 dent of the Naval Postgraduate School is a civilian, the Sec24 retary shall pay the individual such compensation for the 


jbell on PROD1PC69 with BILLS
169 

•HR 5658 RH

1 individual’s service as President as the Secretary prescribes, 

2 except that— 

3 ‘‘(A) basic pay for the President may not exceed 

4 the rate of compensation authorized for positions in 

5 level I of the Executive Schedule under section 5312 

6 of title 5; and 

7 ‘‘(B) total aggregate compensation for the Presi8 dent, including bonuses, awards, allowances, or other 

9 similar cash payments, may not exceed the total an10 nual compensation payable under section 104 of title 

11 3. 

12 ‘‘(2) The limitations in section 5373 of title 5 do not 

13 apply to the authority of the Secretary under this subsection 

14 to prescribe the salary and other related benefits for the po15 sition of President of the Naval Postgraduate School.’’. 

16 SEC. 544. INCREASED AUTHORITY TO ENROLL DEFENSE IN17 DUSTRY EMPLOYEES IN DEFENSE PRODUCT 

18 DEVELOPMENT PROGRAM. 

19 Section 7049(a) of title 10, United States Code, is 

20 amended by striking ‘‘25’’ and inserting ‘‘125’’. 


jbell on PROD1PC69 with BILLS
170 

•HR 5658 RH

1 SEC. 545. REQUIREMENT OF COMPLETION OF SERVICE 

2 UNDER HONORABLE CONDITIONS FOR PUR3 POSES OF ENTITLEMENT TO EDUCATIONAL 

4 ASSISTANCE FOR RESERVE COMPONENTS 

5 MEMBERS SUPPORTING CONTINGENCY OPER6 ATIONS. 

7 (a) REQUIREMENT OF HONORABLE SERVICE.—Section 

8 16164(a)(2) of title 10, United States Code, is amended by 

9 striking ‘‘other than dishonorable conditions’’ and inserting 

10 ‘‘honorable conditions’’. 

11 (b) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall take effect on the date of the enactment 

13 of this Act and apply to persons described in section 16163 

14 of title 10, United States Code, who separate on or after 

15 that date from a reserve component. 

16 SEC. 546. CONSISTENT EDUCATION LOAN REPAYMENT AU17 THORITY FOR HEALTH PROFESSIONALS IN 

18 REGULAR COMPONENTS AND SELECTED RE19 SERVE. 

20 Section 16302(c) of title 10, United States Code, is 

21 amended by striking paragraphs (2) and (3) and inserting 

22 the following new paragraph: 

23 ‘‘(2) The annual maximum amount of a loan that may 

24 be repaid under this section shall be the same as the max25 imum amount in effect for the same year under subsection 


jbell on PROD1PC69 with BILLS
171 

•HR 5658 RH

1 (e)(2) of section 2173 of this title for the education loan 

2 repayment program under such section.’’. 

3 SEC. 547. INCREASE IN NUMBER OF UNITS OF JUNIOR RE4 SERVE OFFICERS’ TRAINING CORPS. 

5 (a) PLAN FOR INCREASE.—The Secretary of Defense, 

6 in consultation with the Secretaries of the military depart7 ments, shall develop and implement a plan to establish and 

8 support 4,000 Junior Reserve Officers’ Training Corps 

9 units not later than fiscal year 2020. 

10 (b) EXCEPTIONS.—The requirement imposed in sub11 section (a) shall not apply— 

12 (1) if the Secretary fails to receive an adequate 

13 number or requests for Junior Reserve Officers’ 

14 Training Corps units by public and private sec15 ondary educational institutions; or 

16 (2) during a time of national emergency when 

17 the Secretaries of the military departments determine 

18 that funding must be allocated elsewhere. 

19 (c) COOPERATION.—The Secretary of Defense, as part 

20 of the plan to establish and support additional Junior Re21 serve Officers’ Training Corps units, shall work with local 

22 educational agencies to increase the employment in Junior 

23 Reserve Officers’ Training Corps units of retired members 

24 of the Armed Forces who are retired under chapter 61 of 

25 title 10, United States Code, especially members who were 


jbell on PROD1PC69 with BILLS
172 

•HR 5658 RH

1 wounded or injured while deployed in a contingency oper2 ation. 

3 (d) REPORT ON PLAN.—Upon completion of the plan, 

4 the Secretary of Defense shall provide a report to the con5 gressional defense committees containing, at a minimum, 

6 the following: 

7 (1) A description of how the Secretaries of the 

8 military departments expect to achieve the number of 

9 units of the Junior Reserve Officers’ Training Corps 

10 specified in subsection (a), including how many units 

11 will be established per year by each service. 

12 (2) The annual funding necessary to support the 

13 increase in units, including the personnel costs associ14 ated. 

15 (3) The number of qualified private and public 

16 schools, if any, who have requested a Junior Reserve 

17 Officers’ Training Corps unit that are on a waiting 

18 list. 

19 (4) Efforts to improve the increased distribution 

20 of units geographically across the United States. 

21 (5) Efforts to increase distribution of units in 

22 educationally and economically deprived areas. 

23 (6) Efforts to enhance employment opportunities 

24 for qualified former military members retired for disVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
173 

•HR 5658 RH

1 ability, especially those wounded while deployed in a 

2 contingency operation. 

3 (e) TIME FOR SUBMISSION.—The plan required under 

4 subsection (a), along with the report required by subsection 

5 (d), shall be submitted to the congressional defense commit6 tees not later than March 31, 2009. The Secretary of Defense 

7 shall submit an up-dated report annually thereafter until 

8 the number of units of the Junior Reserve Officers’ Training 

9 Corps specified in subsection (a) is achieved. 

10 (f) ADDITIONAL CURRICULUM ELEMENT.—The Sec11 retary of each military department shall develop and imple12 ment a segment of the Junior Reserve Officers’ Training 

13 Corps curriculum that includes the contribution and defense 

14 historiography of gender and ethnic specific groups. 

15 Subtitle F—Military Justice 

16 SEC. 551. GRADE OF STAFF JUDGE ADVOCATE TO THE COM17 MANDANT OF THE MARINE CORPS. 

18 Section 5046(a) of title 10, United States Code, is 

19 amended by striking the last sentence and inserting the fol20 lowing new sentence: ‘‘The Staff Judge Advocate to the 

21 Commandant of the Marine Corps, while so serving, has 

22 the grade of major general.’’. 


jbell on PROD1PC69 with BILLS
174 

•HR 5658 RH

1 SEC. 552. STANDING MILITARY PROTECTION ORDER. 

2 (a) IN GENERAL.—Chapter 80 of title 10, United 

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

4 new section: 

5 ‘‘SEC. 1567. STANDING MILITARY PROTECTIVE ORDER. 

6 ‘‘The issuance of a military protective order by a mili7 tary commander shall be deemed a standing order until— 

8 ‘‘(1) the allegation prompting the protective 

9 order is resolved by investigation, courts martial, or 

10 other command determined adjudication; or 

11 ‘‘(2) the military commander issues a new 

12 order.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections at 

14 the beginning of such chapter is amended by adding at the 

15 end the following new item: 

‘‘1567. Standing military protective order.’’. 

16 SEC. 553. MANDATORY NOTIFICATION OF ISSUANCE OF 

17 MILITARY PROTECTIVE ORDER TO CIVILIAN 

18 LAW ENFORCEMENT. 

19 (a) IN GENERAL.—Chapter 80 of title 10, United 

20 States Code, is amended by inserting after section 1567, as 

21 added by section 552, the following new section: 


jbell on PROD1PC69 with BILLS
175 

•HR 5658 RH

1 ‘‘SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF 

2 MILITARY PROTECTIVE ORDER TO CIVILIAN 

3 LAW ENFORCEMENT. 

4 ‘‘In the event a military protective order is issued 

5 against a member of the armed forces and any individual 

6 involved in the order does not reside on a military installa7 tion at any time during the duration of the military protec8 tive order, the commander of the military installation shall 

9 notify the appropriate civilian authorities of— 

10 ‘‘(1) the issuance of the protective order; 

11 ‘‘(2) the duration of the protective order; and 

12 ‘‘(3) the individuals involved in the order.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections at 

14 the beginning of such chapter is amended by inserting after 

15 the item relating to section 1567 the following new item: 

‘‘1567a. Mandatory notification of issuance of military protective order to civilian 

law enforcement.’’. 

16 SEC. 554. IMPLEMENTATION OF INFORMATION DATABASE 

17 ON SEXUAL ASSAULT INCIDENTS IN THE 

18 ARMED FORCES. 

19 (a) DATABASE REQUIRED.—The Secretary of Defense 

20 shall implement a centralized, case-level database for the 

21 collection, in a manner consistent with Department of De22 fense regulations for restricted reporting, and maintenance 

23 of information regarding sexual assaults involving a mem24 ber of the Armed Forces, including information, if availVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
176 

•HR 5658 RH

1 able, about the nature of the assault, the victim, the offender, 

2 and the outcome of any legal proceedings in connection with 

3 the assault. 

4 (b) AVAILABILITY OF DATABASE.—The database shall 

5 be available to personnel of the Sexual Assault Prevention 

6 and Response Office of the Department of Defense. 

7 (c) IMPLEMENTATION.— 

8 (1) PLAN FOR IMPLEMENTATION.—Not later than 

9 90 days after the date of the enactment of this Act, 

10 the Secretary of Defense shall submit to the congres11 sional defense committees a plan to provide for the 

12 implementation of the database. 

13 (2) COMPLETION.—Not later than 15 months 

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

15 shall complete implementation of the database. 

16 (d) REPORTS.—The database shall be used to develop 

17 and implement congressional reports, as required by— 

18 (1) section 577(f) of the Ronald W. Reagan Na19 tional Defense Authorization Act for Fiscal Year 2005 

20 (Public Law 108–375); 

21 (2) section 596(c) of the National Defense Au22 thorization Act for Fiscal Year 2006 (Public Law 

23 109–163); 


jbell on PROD1PC69 with BILLS
177 

•HR 5658 RH

1 (3) section 532 of the John Warner National De2 fense Authorization Act for Fiscal Year 2007 (Public 

3 Law 109–364); and 

4 (4) sections 4361, 6980, and 9361 of title 10, 

5 United States Code. 

6 (e) TERMINOLOGY.—Section 577(b) of the Ronald W. 

7 Reagan National Defense Authorization Act for Fiscal Year 

8 2005 (Public Law 108–375) is amended by adding at the 

9 end the following new paragraph: 

10 ‘‘(12) The Secretary shall implement clear, con11 sistent, and streamlined sexual assault terminology 

12 for use across the Department of Defense, to include 

13 a clear definition of the following terms: 

14 ‘‘(A) Restricted reports. 

15 ‘‘(B) Unrestricted reports. 

16 ‘‘(C) Substantiated reports.’’. 

17 Subtitle G—Decorations, Awards, 

18 and Honorary Promotions 

19 SEC. 561. REPLACEMENT OF MILITARY DECORATIONS. 

20 (a) REPLACEMENT REQUIRED.—Chapter 57 of title 

21 10, United States Code, is amended by adding at the end 

22 the following new section: 

23 ‘‘§ 1135. Replacement of military decorations 

24 ‘‘(a) REPLACEMENT.—In addition to other authorities 

25 available to the Secretary concerned to replace a military 


jbell on PROD1PC69 with BILLS
178 

•HR 5658 RH

1 decoration, the Secretary concerned shall replace, on a one2 time basis and without charge, a military decoration upon 

3 the request of the recipient of the military decoration or 

4 the immediate next of kin of a deceased recipient. 

5 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to the 

6 medal of honor. 

7 ‘‘(c) MILITARY DECORATION DEFINED.—In this sec8 tion, the term ‘decoration’ means any decoration or award 

9 that may be presented or awarded to a member of the armed 

10 forces.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by adding at the 

13 end the following new item: 

‘‘1135. Replacement of military decorations.’’. 

14 SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF 

15 MEDAL OF HONOR TO RICHARD L. 

16 ETCHBERGER FOR ACTS OF VALOR DURING 

17 THE VIETNAM WAR. 

18 (a) AUTHORIZATION.—Notwithstanding the time limi19 tations specified in section 8744 of title 10, United States 

20 Code, or any other time limitation with respect to the 

21 awarding of certain medals to persons who served in the 

22 Armed Forces, the President is authorized and requested to 

23 award the Medal of Honor under section 8741 of such title 

24 to former Chief Master Sergeant Richard L. Etchberger for 


jbell on PROD1PC69 with BILLS
179 

•HR 5658 RH

1 the acts of valor during the Vietnam War described in sub2 section (b). 

3 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

4 referred to in subsection (a) are the actions of then Chief 

5 Master Sergeant Richard L. Etchberger as Ground Radar 

6 Superintendent of Detachment 1, 1043rd Radar Evaluation 

7 Squadron on March 11, 1968, during the Vietnam War for 

8 which he was originally awarded the Air Force cross. 

9 SEC. 563. ADVANCEMENT OF BRIGADIER GENERAL 

10 CHARLES E. YEAGER, UNITED STATES AIR 

11 FORCE (RETIRED), ON THE RETIRED LIST. 

12 (a) ADVANCEMENT.—Brigadier General Charles E. 

13 Yeager, United States Air Force (retired), is entitled to hold 

14 the rank of major general while on the retired list of the 

15 Air Force. 

16 (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The ad17 vancement of Charles E. Yeager on the retired list of the 

18 Air Force under subsection (a) shall not affect the retired 

19 pay or other benefits from the United States to which 

20 Charles E. Yeager is now or may in the future be entitled 

21 based upon his military service or affect any benefits to 

22 which any other person may become entitled based on his 

23 service. 


jbell on PROD1PC69 with BILLS
180 

•HR 5658 RH

1 SEC. 564. ADVANCEMENT OF REAR ADMIRAL WAYNE E. 

2 MEYER, UNITED STATES NAVY (RETIRED), ON 

3 THE RETIRED LIST. 

4 (a) ADVANCEMENT AUTHORIZED.—The President is 

5 authorized and requested to appoint, by and with the advice 

6 and consent of the Senate, Rear Admiral Wayne E. Meyer, 

7 United States Navy (retired), to the grade of vice admiral 

8 on the retired list of the Navy. 

9 (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The ad10 vancement of Wayne E. Meyer on the retired list of the 

11 Navy under subsection (a) shall not affect the retired pay 

12 or other benefits from the United States to which Wayne 

13 E. Meyer is now or may in the future be entitled based 

14 upon his military service or affect any benefits to which 

15 any other person may become entitled based on his service. 

16 SEC. 565. AWARD OF VIETNAM SERVICE MEDAL TO VET17 ERANS WHO PARTICIPATED IN MAYAGUEZ 

18 RESCUE OPERATION. 

19 (a) IN GENERAL.—The Secretary of the military de20 partment concerned shall, upon the application of an indi21 vidual who is an eligible veteran, award that individual 

22 the Vietnam Service Medal, notwithstanding any otherwise 

23 applicable requirements for the award of that medal. Any 

24 such award shall be made in lieu of any Armed Forces Ex25 peditionary Medal awarded the individual for the individ26 ual’s participation in the Mayaguez rescue operation. 


jbell on PROD1PC69 with BILLS
181 

•HR 5658 RH

1 (b) ELIGIBLE VETERAN.—For purposes of this section, 

2 the term ‘‘eligible veteran’’ means a member or former mem3 ber of the Armed Forces who was awarded the Armed Forces 

4 Expeditionary Medal for participation in military oper5 ations known as the Mayaguez rescue operation of May 12– 

6 15, 1975. 

7 Subtitle H—Impact Aid 

8 SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

9 EDUCATIONAL AGENCIES THAT BENEFIT DE10 PENDENTS OF MEMBERS OF THE ARMED 

11 FORCES AND DEPARTMENT OF DEFENSE CI12 VILIAN EMPLOYEES. 

13 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

14 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

15 amount authorized to be appropriated pursuant to section 

16 301(5) for operation and maintenance for Defense-wide ac17 tivities, $50,000,000 shall be available only for the purpose 

18 of providing assistance to local educational agencies under 

19 subsection (a) of section 572 of the National Defense Author20 ization Act for Fiscal Year 2006 (Public Law 109–163; 119 

21 Stat. 3271; 20 U.S.C. 7703b). 

22 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

23 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

24 CHANGES, OR FORCE RELOCATIONS.—Of the amount au25 thorized to be appropriated pursuant to section 301(5) for 


jbell on PROD1PC69 with BILLS
182 

•HR 5658 RH

1 operation and maintenance for Defense-wide activities, 

2 $15,000,000 shall be available only for the purpose of pro3 viding assistance to local educational agencies under sub4 section (b) of such section 572. 

5 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 

6 section, the term ‘‘local educational agency’’ has the mean7 ing given that term in section 8013(9) of the Elementary 

8 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

9 SEC. 572. CALCULATION OF PAYMENTS UNDER DEPART10 MENT OF EDUCATION’S IMPACT AID PRO11 GRAM. 

12 Paragraph (2) of section 8003(c) of the Elementary 

13 and Secondary Education Act of 1965 (20 U.S.C. 7703(c)) 

14 is amended to read as follows: 

15 ‘‘(2) EXCEPTION.—Calculation of payments for a 

16 local educational agency shall be based on data from 

17 the fiscal year for which the agency is making an ap18 plication for payment— 

19 ‘‘(A) if such agency is newly established by 

20 a State (first year of operation only); or 

21 ‘‘(B) if— 

22 ‘‘(i) such agency was eligible to receive 

23 a payment under this section in the pre24 vious fiscal year; 


jbell on PROD1PC69 with BILLS
183 

•HR 5658 RH

1 ‘‘(ii) such agency has had an overall 

2 increase (as determined by the Secretary of 

3 Education in consultation with the Sec4 retary of Defense, the Secretary of Interior, 

5 or other Federal agencies) of not less than 

6 100 students or 10 percent as described 

7 in— 

8 ‘‘(I) subparagraphs (A), (B), and 

9 (D) of subsection (a)(1); or 

10 ‘‘(II) subparagraphs (C), (E), (F) 

11 and (G) of subsection (a)(1) if those 

12 children described in subparagraphs 

13 (C), (E), (F) and (G) are civilian de14 pendents of employees of the Depart15 ment of Defense; and 

16 ‘‘(iii) such increase occurred during 

17 the period between the end of the school year 

18 preceding the fiscal year for which the ap19 plication is being made and the beginning 

20 of the school year immediately preceding 

21 that fiscal year as the result of closure or re22 alignment of military installations under 

23 the base closure process or the relocation of 

24 members of the Armed Forces and civilian 

25 employees of the Department of Defense as 


jbell on PROD1PC69 with BILLS
184 

•HR 5658 RH

1 part of force structure changes or move2 ments of units or personnel between mili3 tary installations.’’. 

4 Subtitle I—Military Families 

5 SEC. 581. PRESENTATION OF BURIAL FLAG. 

6 (a) INCLUSION OF SURVIVING SPOUSE; CONSOLIDA7 TION OF FLAG-RELATED AUTHORITIES.—Subsection (e) of 

8 section 1482 of title 10, United States Code, is amended— 

9 (1) by designating the current text as paragraph 

10 (2) and redesignating current paragraphs (1) and (2) 

11 as subparagraphs (A) and (B), respectively; 

12 (2) by inserting before paragraph (2), as so des13 ignated, the following: 

14 ‘‘(e) PRESENTATION OF FLAG OF THE UNITED

15 STATES.—(1) In the case of a decedent covered by section 

16 1481 of this title, the Secretary concerned may pay the nec17 essary expenses for the presentation of a flag of the United 

18 States— 

19 ‘‘(A) to the person designated under subsection 

20 (c) to direct disposition of the remains; 

21 ‘‘(B) to the parents or parent of the decedent, if 

22 the person presented a flag under subparagraph (A) 

23 is other than a parent of the decedent; and 

24 ‘‘(C) to the surviving spouse (including a remar25 ried surviving spouse) of the decedent, if the person 


jbell on PROD1PC69 with BILLS
185 

•HR 5658 RH

1 presented a flag under subparagraph (A) is other 

2 than the spouse.’’; and 

3 (3) by inserting at the end the following new 

4 paragraphs: 

5 ‘‘(3) A flag to be presented to a person under subpara6 graph (B) or (C) of paragraph (1) shall be of equal size 

7 to the flag presented under subparagraph (A) of such para8 graph to the person designated to direct disposition of the 

9 remains of the decedent. 

10 ‘‘(4) This subsection does not apply to a military pris11 oner who dies while in the custody of the Secretary con12 cerned and while under a sentence that includes a dis13 charge. 

14 ‘‘(5) In this subsection, the term ‘parent’ includes a 

15 natural parent, a stepparent, a parent by adoption, or a 

16 person who for a period of not less than one year before 

17 the death of the decedent stood in loco parentis to the dece18 dent. Preference under paragraph (1)(B) shall be given to 

19 the persons who exercised a parental relationship at the 

20 time of, or most nearly before, the death of the decedent.’’. 

21 (b) REPEAL OF SUPERSEDED PROVISIONS.—Sub22 section (a) of such section is amended by striking para23 graphs (10) and (11). 


jbell on PROD1PC69 with BILLS
186 

•HR 5658 RH

1 SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR 

2 MILITARY SPOUSES. 

3 (a) EMPLOYMENT AND CAREER OPPORTUNITIES FOR

4 SPOUSES.—Subchapter I of chapter 88 of title 10, United 

5 States Code, is amended by inserting after section 1784 the 

6 following new section: 

7 ‘‘§ 1784a. Education and training opportunities for 

8 military spouses to expand employment 

9 and career opportunities 

10 ‘‘(a) PROGRAMS AND TUITION ASSISTANCE.—(1) The 

11 Secretary of Defense may establish programs to assist the 

12 spouse of a member of the armed forces described in sub13 section (b) in achieving— 

14 ‘‘(A) the education and training required for a 

15 degree or credential at an accredited college, univer16 sity, or technical school in the United States that ex17 pands employment and career opportunities for the 

18 spouse; or 

19 ‘‘(B) the education prerequisites and professional 

20 licensure or credential required, by a government or 

21 government sanctioned licensing body, for an occupa22 tion that expands employment and career opportuni23 ties for the spouse. 

24 ‘‘(2) As an alternative to, or in addition to, estab25 lishing a program under this subsection, the Secretary may 

26 provide tuition assistance to an eligible spouse who is purVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
187 

•HR 5658 RH

1 suing education, training, or a license or credential to ex2 pand the spouse’s employment and career opportunities. 

3 ‘‘(b) ELIGIBLE SPOUSES.—Assistance under this sec4 tion is limited to a spouse of a member of the armed forces 

5 who is serving on active duty. 

6 ‘‘(c) EXCEPTIONS.—Subsection (b) does not include— 

7 ‘‘(1) a person who is married to, but legally sep8 arated from, a member of the armed forces under 

9 court order or statute of any State or territorial pos10 session of the United States; and 

11 ‘‘(2) a spouse of a member of the armed forces 

12 who is also a member of the armed forces. 

13 ‘‘(d) REGULATIONS.—The Secretary of Defense shall 

14 prescribe regulations to govern the availability and use of 

15 assistance under this section. The Secretary shall ensure 

16 that programs established under this section do not result 

17 in inequitable treatment for spouses of members of the 

18 armed forces who are also members, since they are excluded 

19 from participation in the programs under subsection 

20 (c)(2).’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections at 

22 the beginning of such subchapter is amended by inserting 

23 after the item relating to section 1784 the following new 

24 item: 

‘‘1784a. Education and training opportunities for military spouses to expand employment and career opportunities.’’. 


jbell on PROD1PC69 with BILLS
188 

•HR 5658 RH

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 forces 

9 (including units and members of the Army Reserve, Navy 

10 Reserve, Air Force Reserve, Marine Corps Reserve, and 

11 Coast Guard Reserve ordered to active duty for this pur12 pose), as the President’’. 

13 (b) ENFORCEMENT OF FEDERAL AUTHORITY.—Section 

14 332 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 insert18 ing ‘‘armed forces (including units and members of 

19 the Army Reserve, Navy Reserve, Air Force Reserve, 

20 Marine Corps Reserve, and Coast Guard Reserve or21 dered to active duty for this purpose), as the Presi22 dent’’. 

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 


jbell on PROD1PC69 with BILLS
189 

•HR 5658 RH

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 amended 

9 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 at 

14 not less than the rate of interest in effect under section 1035 

15 of this title at the time the payment is made. The interest 

16 shall be calculated on an annual basis, and compounded, 

17 using the amount of the lost pay, allowances, compensation, 

18 emoluments, or other pecuniary benefits involved, and the 

19 amount of any fine or forfeiture paid, beginning from the 

20 date of the conviction through the date on which the pay21 ment is made.’’. 

22 (b) CONFORMING AMENDMENT REGARDING CORREC23 TIONS BOARD AUTHORITY TO OVERTURN CONVICTIONS.— 

24 Subsection (f) of such section is amended by inserting ‘‘con25 vened after May 4, 1950, and’’ after ‘‘court-martial cases’’. 


jbell on PROD1PC69 with BILLS
190 

•HR 5658 RH

1 (c) CLERICAL AMENDMENTS.—Subsection (c) of such 

2 section is further amended— 

3 (1) by redesignating paragraphs (1), (2), and (3) 

4 as subparagraphs (A), (B), and (C), respectively; 

5 (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

6 (3) by striking ‘‘If the claimant’’ and inserting 

7 the following: 

8 ‘‘(2) If the claimant’’; and 

9 (4) by striking ‘‘A claimant’s acceptance’’ and 

10 inserting the following: 

11 ‘‘(3) A claimant’s acceptance’’. 

12 (d) RETROACTIVE EFFECTIVENESS OF AMEND13 MENTS.—The amendment made by subsection (a) shall 

14 apply with respect to any sentence of a court-martial set 

15 aside by a Corrections Board on or after October 1, 2007, 

16 when the Corrections Board includes an order or rec17 ommendation for the payment of a claim for the loss of pay, 

18 allowances, compensation, emoluments, or other pecuniary 

19 benefits, or for the repayment of a fine or forfeiture, that 

20 arose as a result of the conviction. In this subsection, the 

21 term ‘‘Corrections Board’’ has the meaning given that term 

22 in section 1557 of title 10, United States Code. 


jbell on PROD1PC69 with BILLS
191 

•HR 5658 RH

1 SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF 

2 PERSONNEL OF AGENCIES RESPONSIBLE FOR 

3 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 ‘‘De7 cember 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 para19 graph: 

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 the 


jbell on PROD1PC69 with BILLS
192 

•HR 5658 RH

1 Robert T. Stafford Disaster Relief and Emergency Assist2 ance Act (42 U.S.C. 5122)).’’. 

3 SEC. 595. SENIOR MILITARY LEADERSHIP DIVERSITY COM4 MISSION. 

5 (a) ESTABLISHMENT OF COMMISSION.— 

6 (1) IN GENERAL.—There is hereby established a 

7 commission to be known as the ‘‘Senior Military 

8 Leadership Diversity Commission’’. 

9 (b) COMPOSITION.— 

10 (1) MEMBERSHIP.—The commission shall be 

11 composed of 23 members, as follows: 

12 (A) The Director of the Defense Manpower 

13 Management Center. 

14 (B) The Director of the Defense Equal Op15 portunity Management Institute. 

16 (C) 1 senior military leader from each of 

17 the Army, Navy, Air Force, and Marine Corps 

18 who serves or has served in a leadership position 

19 with either a military department command or 

20 combatant command shall be appointed by the 

21 Secretary of Defense. 

22 (D) 1 retired general or flag officer from 

23 each of the Army, Navy, Air Force, and Marine 

24 Corps shall be appointed by the Secretary of De25 fense. 


jbell on PROD1PC69 with BILLS
193 

•HR 5658 RH

1 (E) 1 retired senior noncommissioned offi2 cer from each of the Army, Navy, Air Force, and 

3 Marine Corps shall be appointed by the Sec4 retary of Defense. 

5 (F) 5 retired senior officers who served in 

6 leadership positions with either a military de7 partment command or combatant command shall 

8 be appointed by the Secretary of Defense, of 

9 which no less than 3 shall represent the views of 

10 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 shall 

16 designate one member described in paragraphs (1)(F) 

17 or (1)(G) as chairman of the commission. 

18 (3) PERIOD OF APPOINTMENT; VACANCIES.— 

19 Members shall be appointed for the life of the commis20 sion. Any vacancy in the commission shall be filled 

21 in the same manner as the original appointment. 

22 (4) DEADLINE FOR APPOINTMENT.—All members 

23 of the commission shall be appointed not later than 

24 60 days after the date of the enactment of this Act. 


jbell on PROD1PC69 with BILLS
194 

•HR 5658 RH

1 (5) QUORUM.—12 members of the commission 

2 shall constitute a quorum but a lesser number may 

3 hold hearings. 

4 (c) MEETINGS.— 

5 (1) INITIAL MEETING.—The commission shall 

6 conduct its first meeting not later than 30 days after 

7 the date on which a majority of the appointed mem8 bers of the commission have been appointed. 

9 (2) MEETINGS.—The commission shall meet at 

10 the call of the chairman. 

11 (d) DUTIES.— 

12 (1) STUDY.—The commission shall study the di13 versity within the senior leadership of the Armed 

14 Forces. The study shall be a comprehensive evaluation 

15 and assessment of policies that provide opportunities 

16 for the advancement of minority members of the 

17 Armed Forces. 

18 (2) SCOPE OF STUDY.—In carrying out the 

19 study, the commission shall examine the following: 

20 (A) Efforts to develop and maintain diverse 

21 leadership at all levels of the Armed Forces. 

22 (B) The successes and failures of developing 

23 and maintaining a diverse leadership, particu24 larly at the general and flag officer positions. 


jbell on PROD1PC69 with BILLS
195 

•HR 5658 RH

1 (C) The effect of expanding Department of 

2 Defense secondary educational programs to di3 verse civilian populations, to include service 

4 academy preparatory schools. 

5 (D) The ability of current recruitment and 

6 retention practices to attract and maintain a di7 verse pool of qualified individuals in sufficient 

8 numbers in officer pre-commissioning programs. 

9 (E) The ability of current activities to in10 crease continuation rates for ethnic and gender 

11 specific members of the Armed Forces. 

12 (F) The benefits of conducting an annual 

13 conference attended by civilian military, active14 duty and retired military, and corporate leaders 

15 on diversity, to include a review of current pol16 icy and the annual demographic data from the 

17 Defense Equal Opportunity Management Insti18 tute. 

19 (G) The status of prior recommendations 

20 made to the Department of Defense and to Con21 gress concerning diversity initiatives within the 

22 Armed Forces. 

23 (H) The incorporation of private sector 

24 practices that have been successful in cultivating 

25 diverse leadership. 


jbell on PROD1PC69 with BILLS
196 

•HR 5658 RH

1 (I) The establishment and maintenance of 

2 fair promotion and command opportunities for 

3 ethnic and gender specific members of the Armed 

4 Forces at the O–5 grade level and above. 

5 (J) An assessment of pre-command billet as6 signments of ethnic-specific members of the 

7 Armed Forces. 

8 (K) An assessment of command selection of 

9 ethnic-specific members of the Armed Forces. 

10 (3) CONSULTATION WITH PRIVATE PARTIES.—In 

11 carrying out the study under this subsection, the com12 mission may consult with appropriate private, for 

13 profit, and non-profit organizations and advocacy 

14 groups to learn methods for developing, implementing, 

15 and sustaining senior diverse leadership within the 

16 Department of Defense. 

17 (e) REPORTS.— 

18 (1) IN GENERAL.—Not later than 12 months 

19 after the date on which the commission first meets, 

20 the commission shall submit to the President and 

21 Congress a report on the study. The report shall in22 clude the following: 

23 (A) the findings and conclusions of the com24 mission; 


jbell on PROD1PC69 with BILLS
197 

•HR 5658 RH

1 (B) the recommendations of the commission 

2 for improving diversity within the Department 

3 of Defense; and 

4 (C) other information and recommendations 

5 the commission considers appropriate. 

6 (2) INTERIM REPORTS.—The commission may 

7 submit to the President and Congress interim reports 

8 as the Commission considers appropriate. 

9 (f) POWERS OF THE COMMISSION.— 

10 (1) HEARINGS.—The commission may hold such 

11 hearings, sit and act at such times and places, take 

12 such testimony, and receive such evidence as the com13 mission considers appropriate. 

14 (2) INFORMATION FROM FEDERAL AGENCIES.— 

15 Upon request by the chairman of the commission, any 

16 department or agency of the Federal Government may 

17 provide information that the commission considers 

18 necessary to carry out its duties. 

19 (h) TERMINATION OF COMMISSION.—The commission 

20 shall terminate 60 days after the date on which the commis21 sion submits the report under subsection (e)(1). 

22 TITLE VI—COMPENSATION AND 

23 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. 


jbell on PROD1PC69 with BILLS
198 

•HR 5658 RH

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 one-half 

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. 

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. 


jbell on PROD1PC69 with BILLS
199 

•HR 5658 RH

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. 

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. 

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 ad5 justment to become effective during fiscal year 2009 re6 quired by section 1009 of title 37, United States Code, in 


jbell on PROD1PC69 with BILLS
200 

•HR 5658 RH

1 the rates of monthly basic pay authorized members of the 

2 uniformed services shall not be made. 

3 (b) INCREASE IN BASIC PAY.—Effective on January 

4 1, 2009, the rates of monthly basic pay for members of the 

5 uniformed services are increased by 3.9 percent. 

6 SEC. 602. PERMANENT PROHIBITION ON CHARGES FOR 

7 MEALS RECEIVED AT MILITARY TREATMENT 

8 FACILITIES BY MEMBERS RECEIVING CONTIN9 UOUS CARE. 

10 Section 402(h) of title 37, United States Code, is 

11 amended by striking paragraph (3). 

12 SEC. 603. EQUITABLE TREATMENT OF SENIOR ENLISTED 

13 MEMBERS IN COMPUTATION OF BASIC AL14 LOWANCE FOR HOUSING. 

15 Section 403(b)(2) of title 37, United States Code, is 

16 amended by adding at the end the following new sentence: 

17 ‘‘After June 30, 2009, the determination of what constitutes 

18 adequate housing for members in the pay grade E–8 with 

19 dependents shall be equivalent to the higher standard in ef20 fect for members in the pay grade E–9 with dependents.’’. 


jbell on PROD1PC69 with BILLS
201 

•HR 5658 RH

1 SEC. 604. INCREASE IN MAXIMUM AUTHORIZED PAYMENT 

2 OR REIMBURSEMENT AMOUNT FOR TEM3 PORARY LODGING EXPENSES. 

4 (a) INCREASE.—Section 404a(e) of title 37, United 

5 States Code, is amended by striking ‘‘$180 a day’’ and in6 serting ‘‘$290 a day’’. 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect on October 1, 2008. 

9 SEC. 605. AVAILABILITY OF PORTION OF A SECOND FAMILY 

10 SEPARATION ALLOWANCE FOR MARRIED 

11 COUPLES WITH DEPENDENTS. 

12 (a) AVAILABILITY.—Section 427(d) of title 37, United 

13 States Code, is amended— 

14 (1) by inserting ‘‘(1)’’ before ‘‘A member’’; 

15 (2) by striking ‘‘Section 421’’ and inserting the 

16 following: 

17 ‘‘(3) Section 421’’; 

18 (3) by striking ‘‘However’’ and inserting ‘‘Except 

19 as provided in paragraph (2)’’; and 

20 (4) by inserting before paragraph (3), as so des21 ignated, the following new paragraph: 

22 ‘‘(2) If a married couple, both of whom are members 

23 of the uniformed services, with dependents are simulta24 neously assigned to duties described in subparagraph (A), 

25 (B), or (C) of subsection (a)(1) and the members resided 

26 together with their dependents immediately before their asVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
202 

•HR 5658 RH

1 signments, the Secretary concerned shall pay one of the 

2 members the full amount of the monthly allowance specified 

3 in such subsection and the other member one-half of the 

4 monthly allowance amount until one of the members is no 

5 longer assigned to duties described in such subparagraphs. 

6 Upon expiration of the partial allowance, paragraph (1) 

7 shall continue to apply to the remaining member so long 

8 as the member is assigned to duties described in subpara9 graph (A), (B), or (C) of such subsection.’’. 

10 (b) APPLICATION OF AMENDMENT.—Paragraph (2) of 

11 subsection (d) of section 427 of title 37, United States Code, 

12 as added by subsection (a), shall apply with respect to mem13 bers of the uniformed services described in such paragraph 

14 who perform service covered by subparagraph (A), (B), or 

15 (C) of subsection (a)(1) such section on or after October 1, 

16 2008. 

17 SEC. 606. STABILIZATION OF PAY AND ALLOWANCES FOR 

18 SENIOR ENLISTED MEMBERS AND WARRANT 

19 OFFICERS APPOINTED AS OFFICERS AND OF20 FICERS REAPPOINTED IN A LOWER GRADE. 

21 (a) IN GENERAL.—Section 907 of title 37, United 

22 States Code, is amended to read as follows: 


jbell on PROD1PC69 with BILLS
203 

•HR 5658 RH

1 ‘‘§ 907. Members appointed or reappointed as officers: 

2 no reduction in pay and allowances 

3 ‘‘(a) STABILIZATION OF PAY AND ALLOWANCES.—A 

4 member of the armed forces who accepts an appointment 

5 or reappointment as an officer without a break in service 

6 shall, for service as an officer, be paid the greater of— 

7 ‘‘(1) the pay and allowances to which the officer 

8 is entitled as an officer; or 

9 ‘‘(2) the pay and allowances to which the officer 

10 would be entitled if the officer were in the last grade 

11 the officer held before the appointment or reappoint12 ment as an officer. 

13 ‘‘(b) COVERED PAYS.—(1) Subject to paragraphs (2) 

14 and (3), for the purposes of this section, the pay of a grade 

15 formerly held by an officer described in subsection (a) in16 clude special and incentive pays under chapter 5 of this 

17 title. 

18 ‘‘(2) In determining the amount of the pay of a grade 

19 formerly held by an officer, special and incentive pays may 

20 be considered only so long as the officer continues to perform 

21 the duty that creates the entitlement to, or eligibility for, 

22 that pay and would otherwise be eligible to receive that pay 

23 in the former grade. 

24 ‘‘(3) Special and incentive pays that are dependent on 

25 a member being in an enlisted status may not be considered 


jbell on PROD1PC69 with BILLS
204 

•HR 5658 RH

1 in determining the amount of the pay of a grade formerly 

2 held by an officer. 

3 ‘‘(c) COVERED ALLOWANCES.—(1) Subject to para4 graph (2), for the purposes of this section, the allowances 

5 of a grade formerly held by an officer described in sub6 section (a) include allowances under chapter 7 of this title. 

7 ‘‘(2) The clothing allowance under section 418 of this 

8 title may not be considered in determining the amount of 

9 the allowances of a grade formerly held by an officer de10 scribed in subsection (a) if the officer is entitled to a uni11 form allowance under section 415 of this title. 

12 ‘‘(d) RATES OF PAY AND ALLOWANCES.—For the pur13 poses of this section, the rates of pay and allowances of a 

14 grade that an officer formerly held are those rates that the 

15 officer would be entitled to had the officer remained in that 

16 grade and continued to receive the increases in pay and 

17 allowances authorized for that grade, as otherwise provided 

18 in this title or other provisions of law.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of chapter 17 of such title is amended by 

21 striking the item relating to section 907 and inserting the 

22 following new item: 

‘‘907. Members appointed or reappointed as officers: no reduction in pay and allowances.’’. 


jbell on PROD1PC69 with BILLS
205 

•HR 5658 RH

1 SEC. 607. EXTENSION OF AUTHORITY FOR INCOME RE2 PLACEMENT PAYMENTS FOR RESERVE COM3 PONENT MEMBERS EXPERIENCING EX4 TENDED AND FREQUENT MOBILIZATION FOR 

5 ACTIVE DUTY SERVICE. 

6 Section 910(g) of title 37, United States Code, is 

7 amended by striking ‘‘December 31, 2008’’ and inserting 

8 ‘‘December 31, 2009’’. 

9 SEC. 608. GUARANTEED PAY INCREASE FOR MEMBERS OF 

10 THE ARMED FORCES OF ONE-HALF OF ONE 

11 PERCENTAGE POINT HIGHER THAN EMPLOY12 MENT COST INDEX. 

13 Section 1009(c)(2) of title 37, United States Code, is 

14 amended by striking ‘‘fiscal years 2004, 2005, and 2006’’ 

15 and inserting ‘‘fiscal years 2010 through 2013’’. 

16 Subtitle B—Bonuses and Special 

17 and Incentive Pays 

18 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

19 PAY AUTHORITIES FOR RESERVE FORCES. 

20 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

21 Section 308b(g) of title 37, United States Code, is amended 

22 by striking ‘‘December 31, 2008’’ and inserting ‘‘December 

23 31, 2009’’. 

24 (b) SELECTED RESERVE AFFILIATION OR ENLISTMENT

25 BONUS.—Section 308c(i) of such title is amended by strikVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
206 

•HR 5658 RH

1 ing ‘‘December 31, 2008’’ and inserting ‘‘December 31, 

2 2009’’. 

3 (c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

4 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 

5 such title is amended by striking ‘‘December 31, 2008’’ and 

6 inserting ‘‘December 31, 2009’’. 

7 (d) READY RESERVE ENLISTMENT BONUS FOR PER8 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

9 such title is amended by striking ‘‘December 31, 2008’’ and 

10 inserting ‘‘December 31, 2009’’. 

11 (e) READY RESERVE ENLISTMENT AND REENLIST12 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec13 tion 308h(e) of such title is amended by striking ‘‘December 

14 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

15 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

16 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

17 title is amended by striking ‘‘December 31, 2008’’ and in18 serting ‘‘December 31, 2009’’. 

19 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

20 PAY AUTHORITIES FOR HEALTH CARE PRO21 FESSIONALS. 

22 (a) NURSE OFFICER CANDIDATE ACCESSION PRO23 GRAM.—Section 2130a(a)(1) of title 10, United States Code, 

24 is amended by striking ‘‘December 31, 2008’’ and inserting 

25 ‘‘December 31, 2009’’. 


jbell on PROD1PC69 with BILLS
207 

•HR 5658 RH

1 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

2 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

3 RESERVE.—Section 16302(d) of such title is amended— 

4 (1) by striking ‘‘before’’ and inserting ‘‘on or be5 fore’’; and 

6 (2) by striking ‘‘January 1, 2009’’ and inserting 

7 ‘‘December 31, 2009’’. 

8 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

9 Section 302d(a)(1) of title 37, United States Code, is 

10 amended by striking ‘‘December 31, 2008’’ and inserting 

11 ‘‘December 31, 2009’’. 

12 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES13 THETISTS.—Section 302e(a)(1) of such title is amended by 

14 striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 

15 2009’’. 

16 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

17 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL18 TIES.—Section 302g(e) of such title is amended by striking 

19 ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

20 (f) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec21 tion 302h(a)(1) of such title is amended by striking ‘‘De22 cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

23 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

24 Section 302j(a) of such title is amended by striking ‘‘De25 cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 


jbell on PROD1PC69 with BILLS
208 

•HR 5658 RH

1 (h) ACCESSION BONUS FOR MEDICAL OFFICERS IN

2 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

3 302k(f) of such title is amended by striking ‘‘December 31, 

4 2008’’ and inserting ‘‘December 31, 2009’’. 

5 (i) ACCESSION BONUS FOR DENTAL SPECIALIST OFFI6 CERS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Sec7 tion 302l(g) of such title is amended by striking ‘‘December 

8 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

9 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU10 THORITIES FOR NUCLEAR OFFICERS. 

11 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

12 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(f) 

13 of title 37, United States Code, is amended by striking ‘‘De14 cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

15 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

16 312b(c) of such title is amended by striking ‘‘December 31, 

17 2008’’ and inserting ‘‘December 31, 2009’’. 

18 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.— 

19 Section 312c(d) of such title is amended by striking ‘‘De20 cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

21 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY22 MENT OF OTHER TITLE 37 BONUSES AND SPE23 CIAL PAYS. 

24 (a) AVIATION OFFICER RETENTION BONUS.—Section 

25 301b(a) of title 37, United States Code, is amended by strikVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00208 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
209 

•HR 5658 RH

1 ing ‘‘December 31, 2008’’ and inserting ‘‘December 31, 

2 2009’’. 

3 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of 

4 such title is amended by striking ‘‘December 31, 2008’’ and 

5 inserting ‘‘December 31, 2009’’. 

6 (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

7 Section 308(g) of such title is amended by striking ‘‘Decem8 ber 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

9 (d) ENLISTMENT BONUS.—Section 309(e) of such title 

10 is amended by striking ‘‘December 31, 2008’’ and inserting 

11 ‘‘December 31, 2009’’. 

12 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT13 ICAL SKILLS.—Section 324(g) of such title is amended by 

14 striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 

15 2009’’. 

16 (f) INCENTIVE BONUS FOR CONVERSION TO MILITARY

17 OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORT18 AGE.—Section 326(g) of such title is amended by striking 

19 ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

20 (g) ACCESSION BONUS FOR OFFICER CANDIDATES.— 

21 Section 330(f) of such title is amended by striking ‘‘Decem22 ber 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

23 (h) RETENTION BONUS FOR MEMBERS WITH CRITICAL

24 MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

25 UNITS.—Section 355(i) of such title, as redesignated by secVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00209 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
210 

•HR 5658 RH

1 tion 661(c) of the National Defense Authorization Act for 

2 Fiscal Year 2008, is amended by striking ‘‘December 31, 

3 2008’’ and inserting ‘‘December 31, 2009’’. 

4 SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAY5 MENT OF REFERRAL BONUSES. 

6 (a) HEALTH PROFESSIONS REFERRAL BONUS.—Sub7 section (i) of section 1030 of title 10, United States Code, 

8 as added by section 671(b) of the National Defense Author9 ization Act for Fiscal Year 2008, is amended by striking 

10 ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

11 (b) ARMY REFERRAL BONUS.—Subsection (h) of sec12 tion 3252 of title 10, United States Code, as added by sec13 tion 671(a) of the National Defense Authorization Act for 

14 Fiscal Year 2008, is amended by striking ‘‘December 31, 

15 2008’’ and inserting ‘‘December 31, 2009’’. 

16 SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND 

17 AMOUNTS AUTHORIZED UNDER NURSE OFFI18 CER CANDIDATE ACCESSION PROGRAM. 

19 (a) ACCESSION BONUS.—Paragraph (1) of section 

20 2130a(a) of title 10, United States Code, is amended— 

21 (1) by striking ‘‘$10,000’’ and inserting 

22 ‘‘$20,000’’; and 

23 (2) by striking ‘‘$5,000’’ and inserting 

24 ‘‘$10,000’’. 


jbell on PROD1PC69 with BILLS
211 

•HR 5658 RH

1 (b) MONTHLY STIPEND.—Paragraph (2) of such sec2 tion is amended by striking ‘‘$1,000’’ and inserting 

3 ‘‘$1,250’’. 

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

5 section shall take effect on October 1, 2008. 

6 SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCEN7 TIVE PAY AGREEMENTS FOR SERVICE. 

8 Section 312(a)(3) of title 37, United States Code, is 

9 amended by striking ‘‘three, four, or five years’’ and insert10 ing ‘‘not less than three years’’. 

11 SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDA12 TION OF SPECIAL PAY, INCENTIVE PAY, AND 

13 BONUS AUTHORITIES OF THE UNIFORMED 

14 SERVICES. 

15 (a) ELIGIBILITY REQUIREMENTS FOR NUCLEAR OFFI16 CER BONUS AND INCENTIVE PAY.—Section 333 of title 37, 

17 United States Code, is amended— 

18 (1) in subsection (a)(2), by striking ‘‘and oper19 ational’’; and 

20 (2) in subsection (b)(2), by striking ‘‘and oper21 ational’’. 

22 (b) RELATIONSHIP OF AVIATION INCENTIVE PAY TO

23 OTHER PAY AND ALLOWANCES.—Section 334(f)(1) of such 

24 title is amended by striking ‘‘section 351’’ and inserting 

25 ‘‘section 351(a)(2)’’. 


jbell on PROD1PC69 with BILLS
212 

•HR 5658 RH

1 (c) HEALTH PROFESSIONS INCENTIVE PAY.—Section 

2 335(e)(1)(D)(i) of such title is amended by striking ‘‘dental 

3 surgeons’’ and inserting ‘‘dental officers’’. 

4 (d) NO PRO-RATED PAYMENT OF CERTAIN HAZ5 ARDOUS DUTY PAYS.—Section 351(c) of such title is 

6 amended by striking ‘‘subsection (a)’’ and inserting ‘‘para7 graph (1) or (3) of subsection (a)’’. 

8 (e) AVAILABILITY OF HAZARDOUS DUTY PAY.—Sec9 tion 351(f) of such title is amended— 

10 (1) by striking ‘‘in administering subsection (a)’’ 

11 and inserting ‘‘in connection with determining wheth12 er a triggering event has occurred for the provision of 

13 hazardous duty pay under subsection (a)(1)’’; and 

14 (2) by striking the last sentence. 

15 (f) TERMINATION PROVISION FOR HAZARDOUS DUTY

16 PAY.—Section 351(i) of such title is amended by inserting 

17 before the period the following: ‘‘, unless receipt of the haz18 ardous duty pay is specified in an agreement entered into 

19 between the member and the Secretary concerned before that 

20 date’’. 


jbell on PROD1PC69 with BILLS
213 

•HR 5658 RH

1 SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PRO2 FICIENCY BONUS AUTHORITIES TO ENCOUR3 AGE TRAINING IN CRITICAL FOREIGN LAN4 GUAGES AND FOREIGN CULTURAL STUDIES. 

5 (a) ELIGIBILITY FOR SKILL PROFICIENCY BONUS.— 

6 Subsection (b) of section 353 of title 37, United States Code, 

7 is amended to read as follows: 

8 ‘‘(b) SKILL PROFICIENCY BONUS.— 

9 ‘‘(1) AVAILABILITY; ELIGIBLE PERSONS.—The 

10 Secretary concerned may pay a proficiency bonus to 

11 a member of a regular or reserve component of the 

12 uniformed services who— 

13 ‘‘(A) is entitled to basic pay under section 

14 204 of this title or compensation under section 

15 206 of this title or is enrolled in an officer train16 ing program; and 

17 ‘‘(B) is determined to have, and maintains, 

18 certified proficiency under subsection (d) in a 

19 skill designated as critical by the Secretary con20 cerned or is in training to acquire proficiency in 

21 a critical foreign language or expertise in foreign 

22 cultural studies or a related skill designated as 

23 critical by the Secretary concerned. 

24 ‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEM25 BERS.—A proficiency bonus may be paid under this 

26 subsection to a student who is enrolled in the Senior 


jbell on PROD1PC69 with BILLS
214 

•HR 5658 RH

1 Reserve Officers’ Training Corps program even 

2 though the student is in the first year of the four-year 

3 course under the program. During the period covered 

4 by the proficiency bonus, the student shall also be en5 titled to a monthly subsistence allowance under sec6 tion 209(c) of this title even though the student has 

7 not entered into an agreement under section 2103a of 

8 title 10. However, if the student receives incentive pay 

9 under subsection (g)(2) for the same period, the stu10 dent may receive only a single monthly subsistence al11 lowance under section 209(c) of this title.’’. 

12 (b) AVAILABILITY OF INCENTIVE PAY FOR PARTICIPA13 TION IN FOREIGN LANGUAGE EDUCATION OR TRAINING

14 PROGRAMS.—Such section is further amended— 

15 (1) by redesignating subsections (g), (h), and (i) 

16 as subsections (h), (i), and (j), respectively; and 

17 (2) by inserting after subsection (f) the following 

18 new subsection (g): 

19 ‘‘(g) FOREIGN LANGUAGE STUDIES IN OFFICER

20 TRAINING PROGRAMS.— 

21 ‘‘(1) AVAILABILITY OF INCENTIVE PAY.—The Sec22 retary concerned may pay incentive pay to a person 

23 enrolled in an officer training program to also par24 ticipate in an education or training program to ac25 quire proficiency in a critical foreign language or exVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00214 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
215 

•HR 5658 RH

1 pertise in foreign cultural studies or a related skill 

2 designated as critical by the Secretary concerned. 

3 ‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEM4 BERS.—Incentive pay may be paid under this sub5 section to a student who is enrolled in the Senior Re6 serve Officers’ Training Corps program even though 

7 the student is in the first year of the four-year course 

8 under the program. While the student receives the in9 centive pay, the student shall also be entitled to a 

10 monthly subsistence allowance under section 209(c) of 

11 this title even though the student has not entered into 

12 an agreement under section 2103a of title 10. How13 ever, if the student receives a proficiency bonus under 

14 subsection (b)(2) covering the same month, the student 

15 may receive only a single monthly subsistence allow16 ance under section 209(c) of this title. 

17 ‘‘(3) CRITICAL FOREIGN LANGUAGE DEFINED.— 

18 In this section, the term ‘critical foreign language’ in19 cludes Arabic, Korean, Japanese, Chinese, Pashto, 

20 Persian-Farsi, Serbian-Croatian, Russian, Por21 tuguese, or other language designated as critical by 

22 the Secretary concerned.’’. 

23 (c) PILOT PROGRAM FOR FOREIGN LANGUAGE PRO24 FICIENCY TRAINING FOR RESERVE MEMBERS.— 


jbell on PROD1PC69 with BILLS
216 

•HR 5658 RH

1 (1) PILOT PROGRAM REQUIRED.—The Secretary 

2 of Defense shall conduct a pilot program to provide 

3 a skill proficiency bonus under section 353(b) of title 

4 37, United States Code, to a member of a reserve com5 ponent of the uniformed services who is entitled to 

6 compensation under section 206 of such title while the 

7 member participates in an education or training pro8 gram to acquire proficiency in a critical foreign lan9 guage or expertise in foreign cultural studies or a re10 lated skill designated as critical under such section 

11 353. 

12 (2) DURATION OF PILOT PROGRAM.—The Sec13 retary shall conduct the pilot program during the pe14 riod beginning on October 1, 2008, and ending on De15 cember 31, 2013. Incentive pay may not be provided 

16 under the pilot program after December 31, 2013. 

17 (3) REPORTING REQUIREMENT.—Not later than 

18 March 31, 2012, the Secretary shall submit to Con19 gress a report containing the results of the pilot pro20 gram and the recommendations of the Secretary re21 garding whether to continue or expand the pilot pro22 gram. 

23 (d) EXPEDITED IMPLEMENTATION.—Notwithstanding 

24 section 662 of the National Defense Authorization Act for 

25 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 180; 37 


jbell on PROD1PC69 with BILLS
217 

•HR 5658 RH

1 U.S.C. 301 note), the Secretary of a military department 

2 may immediately implement the amendments made by sub3 sections (a) and (b) in order to ensure the prompt avail4 ability of proficiency bonuses and incentive pay under sec5 tion 353 of title 37, United States Code, as amended by 

6 such subsections, for persons enrolled in officer training 

7 programs. 

8 SEC. 620. TEMPORARY TARGETED BONUS AUTHORITY TO 

9 INCREASE DIRECT ACCESSIONS OF OFFICERS 

10 IN CERTAIN HEALTH PROFESSIONS. 

11 (a) DESIGNATION OF CRITICALLY SHORT WARTIME

12 HEALTH SPECIALTIES.—For purposes of section 335 of title 

13 37, United States Code, as added by section 661 of the Na14 tional Defense Authorization Act for Fiscal Year 2008 (Pub15 lic Law 110–181), the following health professions are des16 ignated as a critically short wartime specialty under sub17 section (a)(2) of such section: 

18 (1) Psychologists who have been awarded a di19 ploma as a Diplomate in Psychology by the American 

20 Board of Professional Psychology and are fully li21 censed and such other mental health practitioners as 

22 the Secretary concerned determines to be necessary. 

23 (2) Registered nurses. 

24 (b) SPECIAL AGREEMENT AUTHORITY.—Under the au25 thority provided by this section, the Secretary concerned 


jbell on PROD1PC69 with BILLS
218 

•HR 5658 RH

1 may enter into an agreement under subsection (f) of section 

2 335 of title 37, United States Code, to pay a health profes3 sions bonus under such section to a person who accepts a 

4 commission or appointment as an officer and whose health 

5 profession specialty is specified in subsection (a). 

6 (c) EFFECTIVE PERIOD.—This section shall take effect 

7 on October 1, 2008. The designations made by subsection 

8 (a) and the authority to enter into an agreement under sub9 section (b) expire on September 30, 2010. 

10 Subtitle C—Travel and 

11 Transportation Allowances 

12 SEC. 631. INCREASED WEIGHT ALLOWANCE FOR TRANSPOR13 TATION OF BAGGAGE AND HOUSEHOLD EF14 FECTS FOR CERTAIN ENLISTED MEMBERS. 

15 (a) ALLOWANCE.—The table in section 406(b)(1)(C) of 

16 title 37, United States Code, is amended by striking the 

17 items relating to pay grades E–5 through E–9 and insert18 ing 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’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect on October 1, 2008. 


jbell on PROD1PC69 with BILLS
219 

•HR 5658 RH

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 the 

14 employment of the member’s spouse or community support 

15 volunteer or charity activities of the member and any de16 pendents 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 by 

22 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 


jbell on PROD1PC69 with BILLS
220 

•HR 5658 RH

1 fees, if any. As an alternative to the provision of transpor2 tation for the pets, the Secretary concerned may reimburse 

3 the member or provide a monetary allowance under sub4 paragraph (F) if other commercial transportation means 

5 are used. A member is not entitled to transportation under 

6 this subparagraph for horses, livestock, or pets weighing in 

7 excess of 150 pounds or for animals that the Secretary con8 cerned determines are exotic pets or endangered species.’’. 

9 Subtitle D—Retired Pay and 

10 Survivor Benefits 

11 SEC. 641. EQUITY IN COMPUTATION OF DISABILITY RE12 TIRED PAY FOR RESERVE COMPONENT MEM13 BERS WOUNDED IN ACTION. 

14 Section 1208(b) of title 10, United States Code, is 

15 amended— 

16 (1) by striking ‘‘A member’’ and inserting ‘‘(1) 

17 Except as provided in paragraph (2), a member’’; 

18 and 

19 (2) by adding at the end the following new para20 graph: 

21 ‘‘(2) If a member of the uniformed services who is not 

22 a member of a regular component is retired under this 

23 chapter or is placed on the temporary disability retired list 

24 under this chapter because of a disability incurred after the 

25 date of the enactment of this paragraph for which the memVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00220 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
221 

•HR 5658 RH

1 ber is awarded the Purple Heart, the member shall be cred2 ited, for the purposes of this chapter, with the number of 

3 years of service that would be counted if computing the 

4 member’s years of service under section 12732 of this title.’’. 

5 SEC. 642. EFFECT OF TERMINATION OF SUBSEQUENT MAR6 RIAGE ON PAYMENT OF SURVIVOR BENEFIT 

7 PLAN ANNUITY TO SURVIVING SPOUSE OR 

8 FORMER SPOUSE WHO PREVIOUSLY TRANS9 FERRED ANNUITY TO DEPENDENT CHILDREN. 

10 Section 1450(b)(3) of title 10, United States Code, is 

11 amended by adding at the end the following new sentence: 

12 ‘‘The payment of an annuity to a surviving spouse or 

13 former spouse under this paragraph shall be resumed even 

14 though the surviving spouse or former spouse previously 

15 transferred the annuity to a child or children under section 

16 1448(d)(2)(B) of this title if, when the marriage is so termi17 nated, the child or children, due to loss of dependent status, 

18 death, or other cause, are no longer eligible for the annuity 

19 under such section.’’. 


jbell on PROD1PC69 with BILLS
222 

•HR 5658 RH

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) of 

12 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) of 

18 section 1450 of title 10, United States Code, as added by 

19 section 644 of the National Defense Authorization Act for 

20 Fiscal Year 2008. 


jbell on PROD1PC69 with BILLS
223 

•HR 5658 RH

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 Code, 

8 is amended to read as follows: 

9 ‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE RE10 TIRED PAY.—(1) A person may elect to receive retired pay 

11 under this chapter, instead of receiving retired or retainer 

12 pay under chapter 65, 367, 571, or 867 of this title, if— 

13 ‘‘(A) the person satisfies the requirements speci14 fied in paragraphs (1) and (2) of section 12731(a) of 

15 this title for entitlement to retired pay under this 

16 chapter; 

17 ‘‘(B) the person served in an active status in the 

18 Selected Reserve of the Ready Reserve after becoming 

19 eligible for retirement under chapter 65, 367, 571, or 

20 867 of this title (without regard to whether the person 

21 actually retired or received retired or retainer pay 

22 under one of those chapters); 

23 ‘‘(C) the person completed not less than two 

24 years of service in such active status (excluding any 

25 period of active service); and 


jbell on PROD1PC69 with BILLS
224 

•HR 5658 RH

1 ‘‘(D) the service of the person in such active sta2 tus is determined by the Secretary concerned to have 

3 been satisfactory. 

4 ‘‘(2) The Secretary concerned may reduce the two-year 

5 service requirement specified in paragraph (1)(C) in the 

6 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 person 

14 to such position was terminated or vacated as de15 scribed in section 324(b) of title 32.’’. 

16 (b) ACTIONS TO EFFECTUATE ELECTION.—Subsection 

17 (b) of such section is amended by striking paragraph (1) 

18 and inserting the following new paragraph: 

19 ‘‘(1) terminate the eligibility of the person to re20 tire under chapter 65, 367, 571, or 867 of this title, 

21 if the person is not already retired under one of those 

22 chapters, and terminate entitlement of the person to 

23 retired or retainer pay under one of those chapters, 

24 if the person was already receiving retired or retainer 

25 pay under one of those chapters; and’’. 


jbell on PROD1PC69 with BILLS
225 

•HR 5658 RH

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) of 

7 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 such 

13 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 section 

21 12741 of such title is amended to read as follows: 


jbell on PROD1PC69 with BILLS
226 

•HR 5658 RH

1 ‘‘§ 12741. Retirement for service in an active status 

2 performed in the Selected Reserve of the 

3 Ready Reserve after eligibility for regular 

4 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 amendments 

10 made by this section shall take effect as of January 1, 2008. 

11 SEC. 645. RECOMPUTATION OF RETIRED PAY AND ADJUST12 MENT OF RETIRED GRADE OF RESERVE RE13 TIREES TO REFLECT SERVICE AFTER RETIRE14 MENT. 

15 (a) RECOMPUTATION.—Section 10145 of title 10, 

16 United States Code, is amended by adding at the end the 

17 following new subsection: 

18 ‘‘(e)(1) If a member of the Retired Reserve is recalled 

19 to an active status under subsection (d) in the Selected Re20 serve of the Ready Reserve and completes not less than two 

21 years of service in such active status, the member is entitled 

22 to— 


jbell on PROD1PC69 with BILLS
227 

•HR 5658 RH

1 ‘‘(A) the recomputation of the retired pay of the 

2 member determined under section 12739 of this title; 

3 and 

4 ‘‘(B) in the case of a commissioned officer, an 

5 adjustment in the retired grade of the member in the 

6 manner provided in section 1370 of this title. 

7 ‘‘(2) The Secretary concerned may reduce the two-year 

8 service requirement specified in paragraph (1) in the case 

9 of a member who— 

10 ‘‘(A) is recalled to serve in a position of adjutant 

11 general required under section 314 of title 32 or in 

12 a position of assistant adjutant general subordinate 

13 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 of 

17 service solely because the appointment of the member 

18 to such position is terminated or vacated as described 

19 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, 2008. 


jbell on PROD1PC69 with BILLS
228 

•HR 5658 RH

1 SEC. 646. CORRECTION OF UNINTENDED REDUCTION IN 

2 SURVIVOR BENEFIT PLAN ANNUITIES DUE TO 

3 PHASED ELIMINATION OF TWO-TIER ANNUITY 

4 COMPUTATION AND SUPPLEMENTAL ANNU5 ITY. 

6 Effective as of October 28, 2004, and as if included 

7 therein as enacted, section 644(c) of the Ronald W. Reagan 

8 National Defense Authorization Act for Fiscal Year 2005 

9 (Public Law 108–375; 118 Stat. 1961; 19 U.S.C. 1450 note) 

10 is amended by adding at the end the following new para11 graph: 

12 ‘‘(3) SAVINGS PROVISION.—If, as a result of the 

13 recomputation of annuities under section 1450 of title 

14 10, United States Code, and supplemental survivor 

15 annuities under section 1457 of such title, as required 

16 by paragraph (1), the total amount of both annuities 

17 to be paid to an annuitant for a month would be less 

18 (because of the offset required by section 1450(c) of 

19 such title for dependency and indemnity compensa20 tion) than the amount that would be paid to the an21 nuitant in the absence of recomputation, the Sec22 retary of Defense shall take such actions as are nec23 essary to adjust the annuity amounts to eliminate the 

24 reduction.’’. 


jbell on PROD1PC69 with BILLS
229 

•HR 5658 RH

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 a 

5 participant in the Survivor Benefit Plan who has been de6 termined by the Secretary of State to have been kidnapped 

7 in Iraq or Afghanistan on or after August 1, 2007, the Sec8 retary of a military department may not make a deter9 mination under section 1450(l) of title 10, United States 

10 Code, that the participant is missing, with the presumption 

11 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; or 

14 (2) the date on which the participant is con15 firmed dead and a death certificate is delivered to the 

16 next of kin of the participant. 

17 (b) RESUMPTION OF RETIRED PAY; PAYMENT OF BACK

18 PAY.—In the case of a participant in the Survivor Benefit 

19 Plan described in subsection (a) who was presumed to be 

20 dead before the date of the enactment of this Act under sec21 tion 1450(l) of title 10, United States Code, the Secretary 

22 of a military department concerned shall— 

23 (1) resume payment of any retired pay to which 

24 the participant is entitled to as a retired member of 

25 the Armed Forces pending satisfaction of the condi26 tions specified in subsection (a); and 


jbell on PROD1PC69 with BILLS
230 

•HR 5658 RH

1 (2) pay retired pay for periods occurring before 

2 the date of the enactment of this Act for which retired 

3 pay was not paid because of the presumption of 

4 death. 

5 Subtitle E—Commissary and Non6 appropriated Fund Instrumen7 tality Benefits and Operations 

8 SEC. 651. USE OF COMMISSARY STORES SURCHARGES DE9 RIVED FROM TEMPORARY COMMISSARY INI10 TIATIVES FOR RESERVE COMPONENTS AND 

11 RETIRED MEMBERS. 

12 Section 2484(h) of title 10, United States Code, is 

13 amended— 

14 (1) by redesignating paragraphs (3) and (4) as 

15 paragraphs (4) and (5), respectively; 

16 (2) in such paragraph (4), as so redesignated, by 

17 striking ‘‘paragraph (1) or (2)’’ and inserting ‘‘para18 graph (1), (2), or (3)’’; and 

19 (3) by inserting after paragraph (2) the fol20 lowing new paragraph: 

21 ‘‘(3)(A) The Secretary of Defense may use the proceeds 

22 derived from surcharges imposed under subsection (d) in 

23 connection with sales of commissary merchandise through 

24 initiatives described in subparagraph (B) to offset the cost 

25 of such initiatives. 


jbell on PROD1PC69 with BILLS
231 

•HR 5658 RH

1 ‘‘(B) Subparagraph (A) applies with respect to initia2 tives, utilizing temporary and mobile equipment, intended 

3 to provide members of reserve components, Retired mem4 bers, and other persons eligible for commissary benefits, but 

5 without reasonable access to commissary stores, improved 

6 access to commissary merchandise.’’. 

7 SEC. 652. REQUIREMENTS FOR PRIVATE OPERATION OF 

8 COMMISSARY STORE FUNCTIONS. 

9 Section 2485(a)(2) of title 10, United States Code, is 

10 amended in the last sentence by striking ‘‘December 31, 

11 2008’’ and inserting ‘‘December 31, 2013’’. 

12 SEC. 653. ADDITIONAL EXCEPTION TO LIMITATION ON USE 

13 OF APPROPRIATED FUNDS FOR DEPARTMENT 

14 OF DEFENSE GOLF COURSES. 

15 Section 2491a of title 10, United States Code, is 

16 amended— 

17 (1) by redesignating paragraph (2) of subsection 

18 (b) as subsection (c) and, in such subsection (as so re19 designated)— 

20 (A) by inserting ‘‘REGULATIONS.—’’ before 

21 ‘‘The Secretary’’; and 

22 (B) by striking ‘‘this subsection’’ and in23 serting ‘‘subsection (b)’’; and 

24 (2) by inserting after paragraph (1) of sub25 section (b) the following new paragraph: 


jbell on PROD1PC69 with BILLS
232 

•HR 5658 RH

1 ‘‘(2) Subsection (a) does not apply to the purchase and 

2 maintenance of specialized golf carts designed to accommo3 date persons with disabilities and the use of the golf carts 

4 at a facility or installation where the Secretary determines 

5 the golf carts can be safely operated.’’. 

6 SEC. 654. ENHANCED ENFORCEMENT OF PROHIBITION ON 

7 SALE OR RENTAL OF SEXUALLY EXPLICIT MA8 TERIAL ON MILITARY INSTALLATIONS. 

9 (a) ESTABLISHMENT OF RESALE ACTIVITIES REVIEW

10 BOARD.—Section 2495b of title 10, United States Code, is 

11 amended— 

12 (1) by redesignating subsections (c) and (d) as 

13 subsections (d) and (e), respectively; and 

14 (2) by inserting after subsection (b) the following 

15 new subsection: 

16 ‘‘(c) RESALE ACTIVITIES REVIEW BOARD.—(1) The 

17 Secretary of Defense shall establish a nine-member board 

18 to make recommendations to the Secretary regarding wheth19 er material sold or rented, or proposed for sale or rental, 

20 on property under the jurisdiction of the Department of De21 fense is barred from sale or rental by subsection (a). 

22 ‘‘(2)(A) The Secretary of Defense shall appoint six 

23 members of the board to broadly represent the interests of 

24 the patron base served by the defense commissary system 

25 and the exchange system. The Secretary shall appoint one 


jbell on PROD1PC69 with BILLS
233 

•HR 5658 RH

1 of the members to serve as the chairman of the board. At 

2 least one member appointed under this subparagraph shall 

3 be a person with experience managing or advocating for 

4 military family programs and who is also an eligible pa5 tron of the defense commissary system and the exchange sys6 tem. 

7 ‘‘(B) The Secretary of each of the military departments 

8 shall appoint one member of the board. 

9 ‘‘(C) A vacancy on the board shall be filled in the same 

10 manner as the original appointment. 

11 ‘‘(3) The Secretary of Defense may detail persons to 

12 serve as staff for the board. At a minimum, the Secretary 

13 shall ensure that the board is assisted at meetings by mili14 tary resale and legal advisors. 

15 ‘‘(4) The recommendations made by the board under 

16 paragraph (1) shall be made available to the public. The 

17 Secretary of Defense shall publicize the availability of such 

18 recommendations by such means as the Secretary considers 

19 appropriate. 

20 ‘‘(5) Members of the board shall be allowed travel ex21 pense, including per diem in lieu of subsistence, at rates 

22 authorized for employees of agencies under subchapter I of 

23 chapter 57 of title 5 while away from their homes or regular 

24 places of business in the performance of services for the 

25 board.’’. 


jbell on PROD1PC69 with BILLS
234 

•HR 5658 RH

1 (b) DEADLINE FOR ESTABLISHMENT AND INITIAL

2 MEETING.— 

3 (1) ESTABLISHMENT.—The board required by 

4 subsection (c) of section 2495b of title 10, United 

5 States Code, as added by subsection (a), shall be es6 tablished, and its initial nine members appointed, not 

7 later than 120 days after the date of the enactment 

8 of this Act. 

9 (2) MEETINGS.—The board shall conduct an ini10 tial meeting within one year after the date of the ap11 pointment of the initial members of the board. At the 

12 discretion of the board, the board may consider all 

13 materials previously reviewed under such section as 

14 available for reconsideration for a minimum of 180 

15 days following the initial meeting of the board. 

16 SEC. 655. REQUIREMENT TO BUY MILITARY DECORATIONS, 

17 RIBBONS, BADGES, MEDALS, INSIGNIA, AND 

18 OTHER UNIFORM ACCOUTERMENTS PRO19 DUCED IN THE UNITED STATES. 

20 (a) REQUIREMENT.—Subchapter III of chapter 147 of 

21 title 10, United States Code, is amended by adding at the 

22 end the following new section: 


jbell on PROD1PC69 with BILLS
235 

•HR 5658 RH

1 ‘‘§ 2495c. Requirement to buy military decorations and 

2 other uniform accouterments from Amer3 ican sources; exceptions 

4 ‘‘(a) BUY-AMERICAN REQUIREMENT.—A military ex5 change store or other nonappropriated fund instrumentality 

6 of the Department of Defense may not purchase for resale 

7 any military decorations, ribbons, badges, medals, insignia, 

8 and other uniform accouterments that are not produced in 

9 the United States. 

10 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to the 

11 extent that the Secretary of Defense determines that— 

12 ‘‘(1) a satisfactory quality and sufficient quan13 tity of an item covered by such subsection and pro14 duced in the United States cannot be procured; or 

15 ‘‘(2) the purchase of the item produced outside 

16 the United States is in the best interests of members 

17 of the armed forces. 

18 ‘‘(c) CONGRESSIONAL NOTIFICATION.—As soon as 

19 practicable after an exception is granted under subsection 

20 (b), the Secretary of Defense shall submit to Congress a re21 port explaining the reasons for the exception. 

22 ‘‘(d) UNITED STATES DEFINED.—In this section, the 

23 term ‘United States’ includes the Commonwealth of Puerto 

24 Rico, Guam, the United States Virgin Islands, the Com25 monwealth of the Northern Mariana Islands, American 


jbell on PROD1PC69 with BILLS
236 

•HR 5658 RH

1 Samoa, and any other territory or possession of the United 

2 States.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections at 

4 the beginning of such subchapter is amended by adding at 

5 the end the following new item: 

‘‘2495c. Requirement to buy military decorations and other uniform 

accouterments from American sources; exceptions.’’. 

6 SEC. 656. USE OF APPROPRIATED FUNDS TO PAY POST AL7 LOWANCES OR OVERSEAS COST OF LIVING 

8 ALLOWANCES TO NONAPPROPRIATED FUND 

9 INSTRUMENTALITY EMPLOYEES SERVING 

10 OVERSEAS. 

11 (a) AUTHORITY TO USE APPROPRIATED FUNDS.— 

12 Chapter 81 of title 10, United States Code, is amended by 

13 inserting after section 1587a the following new section: 

14 ‘‘§ 1587b. Employees of nonappropriated fund instru15 mentalities: payment of overseas post al16 lowances or overseas cost of living allow17 ances 

18 ‘‘(a) USE OF APPROPRIATED FUNDS TO PAY ALLOW19 ANCES.—Subject to the availability of appropriated funds 

20 for this purpose, the Secretary of Defense may pay post al21 lowances or cost of living allowances to an nonappropriated 

22 fund instrumentality employee who is a citizen of the 

23 United States and is employed in a full-time position at 

24 a location outside of the continental United States. 


jbell on PROD1PC69 with BILLS
237 

•HR 5658 RH

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 an 

4 nonappropriated fund instrumentality employee or former 

5 employee since December 1, 2001, but have not been pre6 viously paid. No allowance may be provided under this sec7 tion after December 31, 2011. 

8 ‘‘(c) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘nonappropriated fund instrumen10 tality employee’ has the meaning given that term in 

11 section 1587 of this title. 

12 ‘‘(2) The term ‘continental United States’ means 

13 the 48 contiguous States and the District of Colum14 bia.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections at 

16 the beginning of such chapter is amended by inserting after 

17 the item relating to section 1587a the following new item: 

‘‘1587b. Employees of nonappropriated fund instrumentalities: payment of overseas post allowances or overseas cost of living allowances.’’. 

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

19 section shall take effect on October 1, 2008. 

20 SEC. 657. STUDY REGARDING SALE OF ALCOHOLIC WINE 

21 AND BEER IN COMMISSARY STORES IN ADDI22 TION TO EXCHANGE STORES. 

23 (a) STUDY REQUIRED.—The Secretary of Defense shall 

24 conduct a study evaluating the propriety, patron convenVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
238 

•HR 5658 RH

1 ience, and financial utility of including alcoholic wine and 

2 beer as an authorized commissary merchandise category for 

3 sale in, at, or by commissary stores. 

4 (b) PILOT PROGRAM.— 

5 (1) AUTHORIZED.—In connection with the study 

6 required by subsection (a), the Secretary may conduct 

7 a pilot program involving the sale of alcoholic wine 

8 and beer in commissary stores if the Secretary deter9 mines that such a pilot program would be useful in 

10 making the evaluations required by such subsection. 

11 (2) SCOPE.—If the Secretary determines that the 

12 pilot program would be useful, the Secretary shall 

13 conduct the pilot program at a minimum of 10 loca14 tions for a period of not less than four months nor 

15 greater than one year. 

16 (c) REPORT.—Within 120 days after completion of the 

17 study required in subsection (a), the Secretary shall submit 

18 to Congress a report containing the findings and rec19 ommendations of the Secretary developed as a result of the 

20 study and the results of the pilot program, if conducted 

21 under subsection (b). The Secretary may delay the submis22 sion of the report pending the conclusion of the pilot pro23 gram. 


jbell on PROD1PC69 with BILLS
239 

•HR 5658 RH

1 Subtitle F—Other Matters 

2 SEC. 661. BONUS TO ENCOURAGE ARMY PERSONNEL AND 

3 OTHER PERSONS TO REFER PERSONS FOR 

4 ENLISTMENT IN THE ARMY. 

5 (a) AVAILABILITY OF BONUS TO TRAINED CIVIL6 IANS.—Subsection (a)(2) of section 3252 of title 10, United 

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

8 new subparagraph: 

9 ‘‘(F) A member of the general public who has 

10 completed a training course provided by the Sec11 retary, directly or through an entity contracted to 

12 provide such training, regarding the appropriate pro13 cedures used to recruit persons for enlistment in the 

14 Army.’’. 

15 (b) TIME FOR PAYMENT OF BONUS.—Subsection (b) 

16 of such section is amended— 

17 (1) by striking ‘‘or’’ at the end of paragraph (1); 

18 (2) by striking the period at the end of para19 graph (2) and inserting ‘‘; or’’; and 

20 (3) by adding at the end the following new para21 graph: 

22 ‘‘(3) when the individual concerned contacts an 

23 entity contracted to recruit persons for enlistment in 

24 the Army.’’. 


jbell on PROD1PC69 with BILLS
240 

•HR 5658 RH

1 (c) PAYMENT METHODS.—Such section is further 

2 amended— 

3 (1) in subsection (d), by striking the second sen4 tence; and 

5 (2) by striking subsection (e) and inserting the 

6 following new subsection: 

7 ‘‘(e) PAYMENT METHODS.—At the discretion of the 

8 Secretary, a bonus payable for a referral of a person under 

9 subsection (a) may be paid— 

10 ‘‘(1) directly to the individual referred to in sub11 section (b) making the referral; or 

12 ‘‘(2) through an entity contracted to make bonus 

13 payments under this section.’’. 

14 (d) CLERICAL AMENDMENTS.— 

15 (1) SECTION HEADING.—The heading of such sec16 tion is amended to read as follows: 

17 ‘‘§ 3252. Bonus to encourage Army personnel and 

18 other persons to refer persons for enlist19 ment in the Army’’. 

20 (2) TABLE OF SECTIONS.—The table of sections 

21 at the beginning of chapter 333 of such title is 

22 amended by striking the item relating to section 3252 

23 and inserting the following new item: 

‘‘3252. Bonus to encourage Army personnel and other persons to refer persons for 

enlistment in the Army.’’. 


jbell on PROD1PC69 with BILLS
241 

•HR 5658 RH

1 SEC. 662. CONTINUATION OF ENTITLEMENT TO BONUSES 

2 AND SIMILAR BENEFITS FOR MEMBERS OF 

3 THE UNIFORMED SERVICES WHO DIE, ARE 

4 SEPARATED OR RETIRED FOR DISABILITY, OR 

5 MEET OTHER CRITERIA. 

6 (a) DISCRETION TO PROVIDE EXCEPTION TO TERMI7 NATION AND REPAYMENT REQUIREMENTS UNDER CERTAIN

8 CIRCUMSTANCES.—Section 303a(e) of title 37, United 

9 States Code, is amended— 

10 (1) in the subsection heading, by inserting ‘‘; 

11 TERMINATION OF ENTITLEMENT TO UNPAID

12 AMOUNTS’’ after ‘‘MET’’; 

13 (2) in paragraph (1)— 

14 (A) by striking ‘‘A member’’ and inserting 

15 ‘‘(A) Except as provided in paragraph (2), a 

16 member’’; and 

17 (B) by striking ‘‘the requirements, except in 

18 certain circumstances authorized by the Sec19 retary concerned.’’ and inserting ‘‘the eligibility 

20 requirements and may not receive any unpaid 

21 amounts of the bonus or similar benefit after the 

22 member fails to satisfy the requirements, unless 

23 the Secretary concerned determines that the im24 position of the repayment requirement and ter25 mination of the payment of unpaid amounts of 

26 the bonus or similar benefit with regard to the 


jbell on PROD1PC69 with BILLS
242 

•HR 5658 RH

1 member would be contrary to a personnel policy 

2 or management objective, would be against eq3 uity and good conscience, or would be contrary 

4 to the best interests of the United States.’’; and 

5 (3) by redesignating paragraph (2) as subpara6 graph (B) of paragraph (1). 

7 (b) MANDATORY PAYMENT OF UNPAID AMOUNTS

8 UNDER CERTAIN CIRCUMSTANCES; NO REPAYMENT OF UN9 EARNED AMOUNTS.—Section 303a(e) of title 37, United 

10 States Code, is amended by inserting after paragraph (1), 

11 as amended by subsection (a), the following new paragraph 

12 (2): 

13 ‘‘(2)(A) If a member of the uniformed services dies 

14 (other than as a result the member’s misconduct) or is re15 tired or separated for disability under chapter 61 of title 

16 10, the Secretary concerned— 

17 ‘‘(i) shall not require repayment by the member 

18 or the member’s estate of the unearned portion of any 

19 bonus or similar benefit previously paid to the mem20 ber; and 

21 ‘‘(ii) shall require the payment to the member or 

22 the member’s estate of the remainder of any bonus or 

23 similar benefit that was not yet paid to the member, 

24 but to which the member was entitled immediately be25 fore the death, retirement, or separation of the memVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
243 

•HR 5658 RH

1 ber, and would be paid if not for the death, retire2 ment, or separation of the member. 

3 ‘‘(B) The amount to be paid under subparagraph 

4 (A)(ii) shall be equal to the full amount specified by the 

5 agreement or contract applicable to the bonus or similar 

6 benefit as if the member continued to be entitled to the 

7 bonus or similar benefit following the death, retirement, or 

8 separation. 

9 ‘‘(C) Amounts to be paid to a member or the member’s 

10 estate under subparagraph (A)(ii) shall be paid in a lump 

11 sum not later than 90 days after the date of the death, re12 tirement, or separation of the member, whichever applies.’’. 

13 (c) CONFORMING AMENDMENTS REFLECTING CONSOLI14 DATED SPECIAL PAY AND BONUS AUTHORITIES.— 

15 (1) CONFORMING AMENDMENTS.—Section 373 of 

16 title 37, United States Code, as added by section 661 

17 of the National Defense Authorization Act for Fiscal 

18 Year 2008, is amended— 

19 (A) in subsection (a)— 

20 (i) in the subsection heading, by insert21 ing ‘‘AND TERMINATION’’ after ‘‘REPAY22 MENT’’; and 

23 (ii) by inserting before the period at 

24 the end the following: ‘‘, and the member 

25 may not receive any unpaid amounts of the 


jbell on PROD1PC69 with BILLS
244 

•HR 5658 RH

1 bonus, incentive pay, or similar benefit 

2 after the member fails to satisfy such service 

3 or eligibility requirement’’; and 

4 (B) by striking subsection (b) and inserting 

5 the following new subsection: 

6 ‘‘(b) EXCEPTIONS.— 

7 ‘‘(1) DISCRETION TO PROVIDE EXCEPTION TO

8 TERMINATION AND REPAYMENT REQUIREMENTS.— 

9 Pursuant to the regulations prescribed to administer 

10 this section, the Secretary concerned may grant an 

11 exception to the repayment requirement and require12 ment to terminate the payment of unpaid amounts of 

13 a bonus, incentive pay, or similar benefit if the Sec14 retary concerned determines that the imposition of the 

15 repayment and termination requirements with regard 

16 to a member of the uniformed services would be con17 trary to a personnel policy or management objective, 

18 would be against equity and good conscience, or 

19 would be contrary to the best interests of the United 

20 States. 

21 ‘‘(2) MANDATORY PAYMENT OF UNPAID AMOUNTS

22 UNDER CERTAIN CIRCUMSTANCES; NO REPAYMENT OF

23 UNEARNED AMOUNTS.—(A) If a member of the uni24 formed services dies (other than as a result the mem25 ber’s misconduct) or is retired or separated for disVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
245 

•HR 5658 RH

1 ability under chapter 61 of title 10, the Secretary 

2 concerned— 

3 ‘‘(i) shall not require repayment by the 

4 member or the member’s estate of the unearned 

5 portion of any bonus, incentive pay, or similar 

6 benefit previously paid to the member; and 

7 ‘‘(ii) shall require the payment to the mem8 ber or the member’s estate of the remainder of 

9 any bonus, incentive pay, or similar benefit that 

10 was not yet paid to the member, but to which the 

11 member was entitled immediately before the 

12 death, retirement, or separation of the member, 

13 and would be paid if not for the death, retire14 ment, or separation of the member. 

15 ‘‘(B) The amount to be paid under subparagraph 

16 (A)(ii) shall be equal to the full amount specified by 

17 the agreement or contract applicable to the bonus, in18 centive pay, or similar benefit as if the member con19 tinued to be entitled to the bonus, incentive pay, or 

20 similar benefit following the death, retirement, or sep21 aration. 

22 ‘‘(C) Amounts to be paid to a member or the 

23 member’s estate under subparagraph (A)(ii) shall be 

24 paid in a lump sum not later than 90 days after the 


jbell on PROD1PC69 with BILLS
246 

•HR 5658 RH

1 date of the death, retirement, or separation of the 

2 member, whichever applies.’’. 

3 (2) CLERICAL AMENDMENTS.— 

4 (A) SECTION HEADING.—The heading of 

5 such section is amended to read as follows: 

6 ‘‘§ 373. Repayment of unearned portion of bonus, in7 centive pay, or similar benefit, and termi8 nation of remaining payments, when con9 ditions of payment not met’’. 

10 (B) TABLE OF CONTENTS.—The table of sec11 tions at the beginning of chapter 5 of title 37, 

12 United States Code, is amended by striking the 

13 item relating to section 373 and inserting the 

14 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.’’. 

15 SEC. 663. PROVIDING INJURED MEMBERS OF THE ARMED 

16 FORCES INFORMATION CONCERNING BENE17 FITS. 

18 Section 1651 of the National Defense Authorization 

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

20 476; 10 U.S.C. 1071 note) is amended to read as follows: 


jbell on PROD1PC69 with BILLS
247 

•HR 5658 RH

1 ‘‘SEC. 1651. HANDBOOK FOR MEMBERS OF THE ARMED 

2 FORCES ON COMPENSATION AND BENEFITS 

3 AVAILABLE FOR SERIOUS INJURIES AND ILL4 NESSES. 

5 ‘‘(a) INFORMATION ON AVAILABLE COMPENSATION AND

6 BENEFITS.—Not later than March 31, 2009, the Secretary 

7 of Defense shall develop and maintain a comprehensive de8 scription of the compensation and other benefits to which 

9 a member of the Armed Forces, and the family of such mem10 ber, would be entitled upon the separation or retirement of 

11 the member from the Armed Forces as a result of a serious 

12 injury or illness. Such description shall be published— 

13 ‘‘(1) in a handbook; and 

14 ‘‘(2) on a publically available, searchable Inter15 net website or comparable successor facility. 

16 ‘‘(b) CONTENTS.—The comprehensive description shall 

17 include the following: 

18 ‘‘(1) The range of compensation and benefits 

19 based on grade, length of service, degree of disability 

20 at separation or retirement, and other factors affect21 ing compensation and benefits as the Secretary con22 siders appropriate. 

23 ‘‘(2) Information concerning the Disability Eval24 uation System of each military department, includ25 ing— 


jbell on PROD1PC69 with BILLS
248 

•HR 5658 RH

1 ‘‘(A) an explanation of the process of the 

2 Disability Evaluation System; 

3 ‘‘(B) a general timeline of the process of the 

4 Disability Evaluation System; 

5 ‘‘(C) the role and responsibilities of the 

6 military department throughout the process of 

7 the Disability Evaluation System; and 

8 ‘‘(D) the role and responsibilities of a mem9 ber of the Armed Forces throughout the process 

10 of the Disability Evaluation System. 

11 ‘‘(3) Benefits administered by the Department of 

12 Veterans Affairs that a member of the Armed Forces 

13 would be entitled upon the separation or retirement 

14 from the Armed Forces as a result of a serious injury 

15 or illness. 

16 ‘‘(4) A list of State veterans service organizations 

17 and their contact information and Internet website 

18 addresses. 

19 ‘‘(c) CONSULTATION.—The Secretary of Defense shall 

20 develop and maintain the comprehensive description re21 quired by subsection (a) in consultation with the Secretary 

22 of Veterans Affairs, the Secretary of Health and Human 

23 Services, and the Commissioner of Social Security. 

24 ‘‘(d) UPDATE.—The Secretary of Defense shall up25 date— 


jbell on PROD1PC69 with BILLS
249 

•HR 5658 RH

1 ‘‘(1) the handbook on a periodic basis, but not 

2 less often than annually; and 

3 ‘‘(2) the Internet website or comparable successor 

4 facility immediately after any change has been made 

5 to the compensation or other benefits described in sub6 section (a). 

7 ‘‘(e) PROVISION TO MEMBERS.—The Secretary of the 

8 military department concerned shall provide the handbook 

9 to each member of the Armed Forces under the jurisdiction 

10 of that Secretary as soon as practicable following an injury 

11 or illness for which the member may retire or separate from 

12 the Armed Forces. 

13 ‘‘(f) PROVISION TO REPRESENTATIVES.—If a member 

14 is incapacitated or otherwise unable to receive the hand15 book, the handbook shall be provided to the next of kin or 

16 a legal representative of the member, as determined in ac17 cordance with regulations prescribed by the Secretary of the 

18 military department concerned for purposes of this sec19 tion.’’. 

20 TITLE VII—HEALTH CARE 

21 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. 


jbell on PROD1PC69 with BILLS
250 

•HR 5658 RH

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. 

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. Availability of allowance to assist members of the Armed Forces and 

their dependents procure preventive health care services. 

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. 

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. 

1 Subtitle A—Improvements to Health 

2 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, is 

9 amended by striking ‘‘September 30, 2008’’ and inserting 

10 ‘‘September 30, 2009’’. 


jbell on PROD1PC69 with BILLS
251 

•HR 5658 RH

1 (b) CHARGES FOR INPATIENT CARE.—Section 

2 1086(b)(3) of such title is amended by striking ‘‘September 

3 30, 2008’’ and inserting ‘‘September 30, 2009’’. 

4 SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN CO5 PAYMENTS UNDER RETAIL PHARMACY SYS6 TEM OF PHARMACY BENEFITS PROGRAM. 

7 During the period beginning on October 1, 2008, and 

8 ending on September 30, 2009, the cost sharing require9 ments established under paragraph (6) of section 1074g(a) 

10 of title 10, United States Code, for pharmaceutical agents 

11 available through retail pharmacies covered by paragraph 

12 (2)(E)(ii) of such section may not exceed amounts as fol13 lows: 

14 (1) In the case of generic agents, $3. 

15 (2) In the case of formulary agents, $9. 

16 (3) In the case of nonformulary agents, $22. 

17 SEC. 703. PROHIBITION ON CONVERSION OF MILITARY 

18 MEDICAL AND DENTAL POSITIONS TO CIVIL19 IAN MEDICAL AND DENTAL POSITIONS. 

20 (a) PROHIBITION.—The Secretary of a military de21 partment may not convert any military medical or dental 

22 position to a civilian medical or dental position on or after 

23 October 1, 2008. 

24 (b) RESTORATION OF CERTAIN POSITIONS TO MILI25 TARY POSITIONS.—In the case of any military medical or 


jbell on PROD1PC69 with BILLS
252 

•HR 5658 RH

1 dental position that is converted to a civilian medical or 

2 dental position during the period beginning on October 1, 

3 2004, and ending on September 30, 2008, if the position 

4 is not filled by a civilian by September 30, 2008, the Sec5 retary of the military department concerned shall restore 

6 the position to a military medical or dental position that 

7 can be filled only by a member of the Armed Forces who 

8 is a health professional. 

9 (c) DEFINITIONS.—In this section: 

10 (1) The term ‘‘military medical or dental posi11 tion’’ means a position for the performance of health 

12 care functions (or coded to work within a military 

13 treatment facility) within the Armed Forces held by 

14 a member of the Armed Forces. 

15 (2) The term ‘‘civilian medical or dental posi16 tion’’ means a position for the performance of health 

17 care functions within the Department of Defense held 

18 by an employee of the Department or of a contractor 

19 of the Department. 

20 (3) The term ‘‘conversion’’, with respect to a 

21 military medical or dental position, means a change 

22 of the position to a civilian medical or dental posi23 tion, effective as of the date of the manning authoriza24 tion document of the military department making the 

25 change (through a change in designation from miliVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00252 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
253 

•HR 5658 RH

1 tary to civilian in the document, the elimination of 

2 the listing of the position as a military position in 

3 the document, or through any other means indicating 

4 the change in the document or otherwise). 

5 (d) REPEAL.—Section 721 of the National Defense Au6 thorization Act for Fiscal Year 2008 (Public Law 110–181) 

7 is repealed. 

8 SEC. 704. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON 

9 ACTIVE DUTY. 

10 (a) REQUIREMENT FOR CHIROPRACTIC CARE.—Sub11 ject to such regulations as the Secretary of Defense may pre12 scribe, the Secretary shall provide chiropractic services for 

13 members of the uniformed services who are entitled to care 

14 under section 1074(a) of title 10, United States Code. Such 

15 chiropractic services may be provided only by a doctor of 

16 chiropractic. 

17 (b) DEMONSTRATION PROJECTS.—The Secretary of 

18 Defense may conduct one or more demonstration projects 

19 to provide chiropractic services to deployed members of the 

20 uniformed services. Such chiropractic services may be pro21 vided only by a doctor of chiropractic. 

22 (c) DEFINITIONS.—In this section: 

23 (1) The term ‘‘chiropractic services’’— 

24 (A) includes diagnosis (including by diag25 nostic X-ray tests), evaluation and management, 


jbell on PROD1PC69 with BILLS
254 

•HR 5658 RH

1 and therapeutic services for the treatment of a 

2 patient’s health condition, including neuro3 musculoskeletal conditions and the subluxation 

4 complex, and such other services determined ap5 propriate by the Secretary and as authorized 

6 under State law; and 

7 (B) does not include the use of drugs or sur8 gery. 

9 (2) The term ‘‘doctor of chiropractic’’ means only 

10 a doctor of chiropractic who is licensed as a doctor 

11 of chiropractic, chiropractic physician, or chiro12 practor by a State, the District of Columbia, or a ter13 ritory or possession of the United States. 

14 SEC. 705. REQUIREMENT TO RECALCULATE TRICARE RE15 SERVE SELECT PREMIUMS BASED ON ACTUAL 

16 COST DATA. 

17 (a) CALCULATION BASED ON ACTUAL COST DATA.— 

18 Paragraph (3) of section 1076d(d) of title 10, United States 

19 Code, is amended to read as follows: 

20 ‘‘(3) The monthly amount of the premium in effect for 

21 a month for TRICARE Standard coverage under this sec22 tion shall be not more than the lesser of— 

23 ‘‘(A) the amount equal to 28 percent of the total 

24 average monthly amount for that coverage, as deterVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00254 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
255 

•HR 5658 RH

1 mined by the Secretary based on actual cost data for 

2 the preceding fiscal year; or 

3 ‘‘(B) the amount in effect for the month of March 

4 2006.’’. 

5 (b) EFFECTIVE DATE.—Paragraph (3) of section 

6 1076d(d) of title 10, United States Code, as amended by 

7 this section, shall apply with respect to fiscal year 2009 

8 and fiscal years thereafter. 

9 SEC. 706. PROGRAM FOR HEALTH CARE DELIVERY AT MILI10 TARY INSTALLATIONS PROJECTED TO GROW. 

11 (a) PROGRAM.—Not later than 90 days after the date 

12 of the enactment of this Act, the Secretary of Defense shall 

13 develop a plan to establish a program to build cooperative 

14 health care arrangements and agreements between military 

15 installations projected to grow and local and regional non16 military health care systems. 

17 (b) REQUIREMENTS OF PLAN.—In developing the plan, 

18 the Secretary of Defense shall— 

19 (1) identify and analyze health care delivery op20 tions involving the private sector and health care 

21 services in military facilities located on military in22 stallations; 

23 (2) develop methods for determining the cost 

24 avoidance or savings resulting from innovative partVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
256 

•HR 5658 RH

1 nerships between the Department of Defense and the 

2 private sector; 

3 (3) develop requirements for Department of De4 fense health care providers to deliver health care in ci5 vilian community hospitals; and 

6 (4) collaborate with State and local authorities 

7 to create an arrangement to share and exchange, be8 tween the Department of Defense and nonmilitary 

9 health care systems, personal health information, and 

10 data of military personnel and their families. 

11 (c) COORDINATION WITH OTHER ENTITIES.—The 

12 plan shall include requirements for coordination with Fed13 eral, State, and local entities, TRICARE managed care 

14 support contractors, and other contracted assets around in15 stallations selected for participation in the program. 

16 (d) CONSULTATION REQUIREMENTS.—The Secretary 

17 of Defense shall develop the plan in consultation with the 

18 Secretaries of the military departments. 

19 (e) SELECTION OF MILITARY INSTALLATIONS.—The 

20 program shall be implemented at each installation partici21 pating in the pilot program conducted pursuant to section 

22 721 of the Ronald W. Reagan National Defense Authoriza23 tion Act for Fiscal Year 2005 (Public Law 108–375; 118 

24 Stat. 1988) and other military installations selected by the 


jbell on PROD1PC69 with BILLS
257 

•HR 5658 RH

1 Secretary of Defense. Each selected military installation 

2 shall meet the following criteria: 

3 (1) The military installation has members of the 

4 Armed Forces on active duty and members of reserve 

5 components of the Armed Forces that use the installa6 tion as a training and operational base, with mem7 bers routinely deploying in support of the global war 

8 on terrorism. 

9 (2) The military population of an installation 

10 will significantly increase by 2013 due to actions re11 lated to either Grow the Force initiatives or rec12 ommendations of the Defense Base Realignment and 

13 Closure Commission. 

14 (3) There is a military treatment facility on the 

15 installation that has— 

16 (A) no inpatient or trauma center care ca17 pabilities; and 

18 (B) no current or planned capacity that 

19 would satisfy the proposed increase in military 

20 personnel at the installation. 

21 (4) There is a civilian community hospital near 

22 the military installation, and the military treatment 

23 facility has— 


jbell on PROD1PC69 with BILLS
258 

•HR 5658 RH

1 (A) no inpatient services or limited capa2 bility to expand inpatient care beds, intensive 

3 care, and specialty services; and 

4 (B) limited or no capability to provide 

5 trauma care. 

6 (f) REPORTS.—Not later than one year after the date 

7 of the enactment of this Act, and every year thereafter, the 

8 Secretary of Defense shall submit to the Committees on 

9 Armed Services of the Senate and House of Representatives 

10 an annual report describing the results of the program. 

11 SEC. 707. GUIDELINES FOR COMBINED FEDERAL MEDICAL 

12 FACILITIES. 

13 Before a facility may be designated a combined Fed14 eral medical facility of the Department of Defense and the 

15 Department of Veterans Affairs, the Secretary of Defense 

16 and the Secretary of Veterans Affairs shall issue a signed 

17 agreement that specifies, at a minimum, a binding oper18 ational agreement on the following areas: 

19 (1) Patient priority categories. 

20 (2) Budgeting. 

21 (3) Staffing. 

22 (4) Construction. 

23 (5) Physical plant management. 


jbell on PROD1PC69 with BILLS
259 

•HR 5658 RH

1 Subtitle B—Preventive Care 

2 SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE SERV3 ICES FOR CERTAIN TRICARE BENEFICIARIES. 

4 (a) WAIVER OF CERTAIN COPAYMENTS.—Subject to 

5 subsection (b) and under regulations prescribed by the Sec6 retary of Defense, the Secretary shall— 

7 (1) waive all copayments under sections 1079(b) 

8 and 1086(b) of title 10, United States Code, for pre9 ventive services for all beneficiaries who would other10 wise pay copayments; and 

11 (2) ensure that a beneficiary pays nothing for 

12 preventive services during a year even if the bene13 ficiary has not paid the amount necessary to cover 

14 the beneficiary’s deductible for the year. 

15 (b) EXCLUSION FOR MEDICARE-ELIGIBLE BENE16 FICIARIES.—Subsection (a) shall not apply to a medicare17 eligible beneficiary. 

18 (c) REFUND OF COPAYMENTS.— 

19 (1) AUTHORITY.—Under regulations prescribed 

20 by the Secretary of Defense, the Secretary may pay 

21 a refund to a medicare-eligible beneficiary excluded 

22 by subsection (b), subject to the availability of appro23 priations specifically for such refunds, consisting of 

24 an amount up to the difference between— 


jbell on PROD1PC69 with BILLS
260 

•HR 5658 RH

1 (A) the amount the beneficiary pays for co2 payments for preventive services during fiscal 

3 year 2009; and 

4 (B) the amount the beneficiary would have 

5 paid during such fiscal year if the copayments 

6 for preventive services had been waived pursuant 

7 to subsection (a) during that year. 

8 (2) COPAYMENTS COVERED.—The refunds under 

9 paragraph (1) are available only for copayments paid 

10 by medicare-eligible beneficiaries during fiscal year 

11 2009. 

12 (3) FUNDING.—Of the amounts authorized to be 

13 appropriated under title XIV of this Act for the De14 fense Health Program, $10,000,000 is authorized for 

15 the purposes of the refund authorized under this sub16 section. 

17 (d) DEFINITIONS.—In this section: 

18 (1) PREVENTIVE SERVICES.—The term ‘‘preven19 tive services’’ includes, taking into consideration the 

20 age and gender of the beneficiary: 

21 (A) Colorectal screening. 

22 (B) Breast screening. 

23 (C) Cervical screening. 

24 (D) Prostate screening. 

25 (E) Annual physical exam. 


jbell on PROD1PC69 with BILLS
261 

•HR 5658 RH

1 (F) Vaccinations 

2 (2) MEDICARE-ELIGIBLE.—The term ‘‘medicare3 eligible’’ has the meaning provided by section 

4 1111((b) of title 10, United States Code. 

5 SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEM6 ONSTRATION PROJECT. 

7 (a) DEMONSTRATION PROJECT REQUIRED.—The Sec8 retary of Defense shall conduct a demonstration project de9 signed to evaluate the efficacy of providing incentives to en10 courage healthy behaviors on the part of eligible military 

11 health system beneficiaries. 

12 (b) ELEMENTS OF DEMONSTRATION PROJECT.— 

13 (1) WELLNESS ASSESSMENT.—The Secretary 

14 shall develop a wellness assessment to be offered to 

15 beneficiaries enrolled in the demonstration project. 

16 The wellness assessment shall incorporate nationally 

17 recognized standards for health and healthy behaviors 

18 and shall be offered to determine a baseline and at 

19 appropriate intervals determined by the Secretary. 

20 The wellness assessment shall include the following: 

21 (A) A self-reported health risk assessment. 

22 (B) Physiological and biometric measures, 

23 including at least— 

24 (i) blood pressure; 

25 (ii) glucose level; 


jbell on PROD1PC69 with BILLS
262 

•HR 5658 RH

1 (iii) lipids; and 

2 (iv) nicotine use. 

3 (2) POPULATION ENROLLED.—Non-medicare eli4 gible retired beneficiaries of the military health sys5 tem and their dependents who are enrolled in 

6 TRICARE Prime and who reside in the demonstra7 tion project service area shall be enrolled in the dem8 onstration project. 

9 (3) GEOGRAPHIC COVERAGE OF DEMONSTRATION

10 PROJECT.—The demonstration project shall be con11 ducted in at least three geographic areas within the 

12 United States where TRICARE Prime is offered, as 

13 determined by the Secretary. The area covered by the 

14 project shall be referred to as the demonstration 

15 project service area. 

16 (4) PROGRAMS.—The Secretary shall develop 

17 programs to assist enrollees to improve healthy behav18 iors, as identified by the wellness assessment. 

19 (5) INCLUSION OF INCENTIVES REQUIRED.—For 

20 the purpose of conducting the demonstration project, 

21 the Secretary may offer monetary and non-monetary 

22 incentives to enrollees to encourage participation in 

23 the demonstration project. 


jbell on PROD1PC69 with BILLS
263 

•HR 5658 RH

1 (c) EVALUATION OF DEMONSTRATION PROJECT.—The 

2 Secretary shall annually evaluate the demonstration project 

3 for the following: 

4 (1) The extent to which the health risk assess5 ment and the physiological and biometric measures of 

6 beneficiaries are improved from the baseline (as deter7 mined in the wellness assessment). 

8 (2) In the case of baseline health risk assessments 

9 and physiological and biometric measures that reflect 

10 healthy behaviors, the extent to which the measures 

11 are maintained. 

12 (d) IMPLEMENTATION PLAN.—The Secretary of De13 fense shall submit a plan to implement the health risk man14 agement demonstration project required by this section not 

15 later than 90 days after the date of the enactment of this 

16 Act. 

17 (e) DURATION OF PROJECT.—The health risk manage18 ment demonstration project shall be implemented for a pe19 riod of three years, beginning not later than March 1, 2009, 

20 and ending three years after that date. 

21 (f) REPORT.— 

22 (1) IN GENERAL.—The Secretary of Defense shall 

23 submit to the Committees on Armed Services of the 

24 Senate and the House of Representatives an annual 

25 report on the effectiveness of the health risk manageVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
264 

•HR 5658 RH

1 ment demonstration project in improving the health 

2 risk measures of military health system beneficiaries 

3 enrolled in the demonstration project. The first report 

4 shall be submitted not later than one year after the 

5 date of the enactment of this Act, and subsequent re6 ports shall be submitted for each year of the dem7 onstration project with the final report being sub8 mitted not later than 90 days after the termination 

9 of the demonstration project. 

10 (2) MATTERS COVERED.—Each report shall ad11 dress, at a minimum, the following: 

12 (A) The number of beneficiaries who were 

13 enrolled in the project. 

14 (B) The number of enrolled beneficiaries 

15 who participate in the project. 

16 (C) The incentives to encourage healthy be17 haviors that were provided to the beneficiaries in 

18 each beneficiary category, and the extent to 

19 which the incentives encouraged healthy behav20 iors. 

21 (D) An assessment of the effectiveness of the 

22 demonstration project. 

23 (E) Recommendations for adjustments to 

24 the demonstration project. 


jbell on PROD1PC69 with BILLS
265 

•HR 5658 RH

1 (F) The estimated costs avoided as a result 

2 of decreased health risk conditions on the part of 

3 each of the beneficiary categories. 

4 (G) Recommendations for extending the 

5 demonstration project or implementing a perma6 nent wellness assessment program. 

7 (H) Identification of legislative authorities 

8 required to implement a permanent program. 

9 SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE. 

10 (a) TRICARE SMOKING CESSATION PROGRAM.—Not 

11 later than 180 days after the date of the enactment of this 

12 Act, the Secretary of Defense shall establish a smoking ces13 sation program under the TRICARE program, to be made 

14 available to all beneficiaries under the TRICARE program 

15 who are not medicare-eligible. The Secretary may prescribe 

16 such regulations as may be necessary to implement the pro17 gram. 

18 (b) ELEMENTS.—The program shall include, at a min19 imum, the following elements: 

20 (1) The availability, at no cost to the bene21 ficiary, of pharmaceuticals used for smoking ces22 sation, with a limitation on the availability of such 

23 pharmaceuticals to the national mail-order pharmacy 

24 program under the TRICARE program if appro25 priate. 


jbell on PROD1PC69 with BILLS
266 

•HR 5658 RH

1 (2) Access to a toll-free quit line that is available 

2 24 hours a day, 7 days a week. 

3 (3) Access to printed and Internet web-based to4 bacco cessation material. 

5 (c) PLAN.—Not later than 90 days after the date of 

6 the enactment of this Act, the Secretary shall submit to the 

7 congressional defense committees a plan to implement the 

8 program. 

9 (d) REFUND OF COPAYMENTS.— 

10 (1) AUTHORITY.—Under regulations prescribed 

11 by the Secretary of Defense, the Secretary may pay 

12 a refund to a medicare-eligible beneficiary otherwise 

13 excluded by this section, subject to the availability of 

14 appropriations specifically for such refunds, con15 sisting of an amount up to the difference between— 

16 (A) the amount the beneficiary pays for co17 payments for smoking cessation services de18 scribed in subsection (b) during fiscal year 2009; 

19 and 

20 (B) the amount the beneficiary would have 

21 paid during such fiscal year if the copayments 

22 for smoking cessation services had been waived 

23 pursuant to subsection (b) during that year. 

24 (2) COPAYMENTS COVERED.—The refunds under 

25 paragraph (1) are available only for copayments paid 


jbell on PROD1PC69 with BILLS
267 

•HR 5658 RH

1 by medicare-eligible beneficiaries during fiscal year 

2 2009. 

3 (3) FUNDING.—Of the amounts authorized to be 

4 appropriated under title XIV for the Defense Health 

5 Program, $3,000,000 is authorized for the purposes of 

6 the refund authorized under this subsection. 

7 (e) REPORT.—Not later than one year after the date 

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

9 the congressional defense committees a report covering the 

10 following: 

11 (1) The status of the program. 

12 (2) The number of participants in the program. 

13 (3) The cost of the program. 

14 (4) The costs avoided that are attributed to the 

15 program. 

16 (5) The success rates of the program compared to 

17 other nationally recognized smoking cessation pro18 grams. 

19 (6) Findings regarding the success rate of par20 ticipants in the program. 

21 (7) Recommendations to modify the policies and 

22 procedures of the program. 

23 (8) Recommendations concerning the future util24 ity of the program. 

25 (f) DEFINITIONS.—In this section: 


jbell on PROD1PC69 with BILLS
268 

•HR 5658 RH

1 (1) TRICARE PROGRAM.—The term ‘‘TRICARE 

2 program’’ has the meaning provided by section 

3 1072(7) of title 10, United States Code. 

4 (2) MEDICARE-ELIGIBLE.—The term ‘‘medicare5 eligible’’ has the meaning provided by section 1111(b) 

6 of title 10, United States Code. 

7 SEC. 714. AVAILABILITY OF ALLOWANCE TO ASSIST MEM8 BERS OF THE ARMED FORCES AND THEIR DE9 PENDENTS PROCURE PREVENTIVE HEALTH 

10 CARE SERVICES. 

11 (a) ALLOWANCE.—Chapter 7 of title 37, United States 

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

13 section: 

14 ‘‘§ 438. Preventive health services allowance 

15 ‘‘(a) DEMONSTRATION PROJECT.—During the period 

16 beginning on January 1, 2009, and ending on December 

17 31, 2011, the Secretary of Defense shall conduct a dem18 onstration project designed to evaluate the efficacy of pro19 viding an annual allowance (to be known as a ‘preventive 

20 health services allowance’) to members of the armed forces 

21 described in subsection (b) to increase the use of preventive 

22 health services by such members and their dependents. 

23 ‘‘(b) ELIGIBLE MEMBERS.—(1) Subject to the numer24 ical limitations specified in paragraph (2), a member of 

25 the armed forces who is serving on active duty for a period 


jbell on PROD1PC69 with BILLS
269 

•HR 5658 RH

1 of more than 30 days and meets the medical and dental 

2 readiness requirements for the armed force of the member 

3 may receive a preventive health services allowance. 

4 ‘‘(2) Not more than 1,500 members of each of the 

5 Army, Navy, Air Force, and Marine Corps may receive a 

6 preventive health services allowance during any year, of 

7 which half in each armed force shall be members without 

8 dependents and half shall be members with dependents. 

9 ‘‘(c) AMOUNT OF ALLOWANCE.—The Secretary of the 

10 military department concerned shall pay a preventive 

11 health services allowance to a member selected to receive the 

12 allowance in an amount equal to— 

13 ‘‘(1) $500 per year, in the case of a member 

14 without dependents; and 

15 ‘‘(2) $1,000 per year, in the case of a member 

16 with dependents. 

17 ‘‘(d) AUTHORIZED PREVENTIVE HEALTH SERVICES.— 

18 (1) The Secretary of Defense shall specify the types of pre19 ventive health services that may be procured using a preven20 tive health services allowance and the frequency at which 

21 such services may be procured. 

22 ‘‘(2) At a minimum, authorized preventive health serv23 ices shall include, taking into consideration the age and 

24 gender of the member and dependents of the member: 

25 ‘‘(A) Colorectal screening. 


jbell on PROD1PC69 with BILLS
270 

•HR 5658 RH

1 ‘‘(B) Breast screening. 

2 ‘‘(C) Cervical screening. 

3 ‘‘(D) Prostate screening. 

4 ‘‘(E) Annual physical exam. 

5 ‘‘(F) Annual dental exam. 

6 ‘‘(G) Vaccinations. 

7 ‘‘(3) The Secretary of Defense shall ensure that mem8 bers selected to receive the preventive health services allow9 ance and their dependents are provided a reasonable oppor10 tunity to receive the services authorized under this sub11 section in their local area. 

12 ‘‘(e) DATA COLLECTION.—At a minimum, the Sec13 retary of Defense shall monitor and record the health of 

14 members receiving a preventive health services allowance 

15 and their dependents and the results the testing required 

16 to qualify for payment of the allowance, if conducted. The 

17 Secretary shall assess the medical utility of the testing re18 quired to qualify for payment of a preventive health allow19 ance. 

20 ‘‘(f) REPORTING REQUIREMENT.—Not later than 

21 March 31, 2010, and March 31, 2012, the Secretary of De22 fense shall submit to Congress a report on the status of the 

23 demonstration project, including findings regarding the 

24 medical status of participants, recommendations to modify 


jbell on PROD1PC69 with BILLS
271 

•HR 5658 RH

1 the policies and procedures of the program, and rec2 ommendations concerning the future utility of the project. 

3 ‘‘(g) REGULATIONS.—The Secretary of Defense shall 

4 prescribe regulations to carry out this section.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of such chapter is amended by adding at the 

7 end the following new item: 

‘‘438. Preventive health care allowance.’’. 

8 Subtitle C—Wounded Warrior 

9 Matters 

10 SEC. 721. CENTER OF EXCELLENCE IN PREVENTION, DIAG11 NOSIS, MITIGATION, TREATMENT, AND REHA12 BILITATION OF HEARING LOSS AND AUDI13 TORY SYSTEM INJURIES. 

14 (a) IN GENERAL.—The Secretary of Defense shall es15 tablish within the Department of Defense a center of excel16 lence in the prevention, diagnosis, mitigation, treatment, 

17 and rehabilitation of hearing loss and auditory system in18 jury to carry out the responsibilities specified in subsection 

19 (c). 

20 (b) PARTNERSHIPS.—The Secretary shall ensure that 

21 the center collaborates to the maximum extent practicable 

22 with the Secretary of Veterans Affairs, institutions of higher 

23 education, and other appropriate public and private enti24 ties (including international entities) to carry out the re25 sponsibilities specified in subsection (c). 


jbell on PROD1PC69 with BILLS
272 

•HR 5658 RH

1 (c) RESPONSIBILITIES.— 

2 (1) IN GENERAL.—The center shall— 

3 (A) implement a comprehensive plan and 

4 strategy for the Department of Defense, as devel5 oped by the Secretary of Defense, for a registry 

6 of information for the tracking of the diagnosis, 

7 surgical intervention or other operative proce8 dure, other treatment, and follow up for each 

9 case of hearing loss and auditory system injury 

10 incurred by a member of the Armed Forces while 

11 serving on active duty; 

12 (B) ensure the electronic exchange with the 

13 Secretary of Veterans Affairs of information ob14 tained through tracking under subparagraph 

15 (A); and 

16 (C) enable the Secretary of Veterans Affairs 

17 to access the registry and add information per18 taining to additional treatments or surgical pro19 cedures and eventual hearing outcomes for vet20 erans who were entered into the registry and 

21 subsequently received treatment through the Vet22 erans Health Administration. 

23 (2) DESIGNATION OF REGISTRY.—The registry 

24 under this subsection shall be known as the ‘‘Hearing 


jbell on PROD1PC69 with BILLS
273 

•HR 5658 RH

1 Loss and Auditory System Injury Registry’’ (herein2 after referred to as the ‘‘Registry’’). 

3 (3) CONSULTATION IN DEVELOPMENT.—The cen4 ter shall develop the Registry in consultation with au5 diologists, speech and language pathologists, 

6 otolaryngologists, and other specialist personnel of the 

7 Department of Defense and the audiologists, speech 

8 and language pathologists, otolaryngologists, and 

9 other specialist personnel of the Department of Vet10 erans Affairs. The mechanisms and procedures of the 

11 Registry shall reflect applicable expert research on 

12 military and other hearing loss. 

13 (4) MECHANISMS.—The mechanisms of the Reg14 istry for tracking under paragraph (1)(A) shall en15 sure that each military medical treatment facility or 

16 other medical facility shall submit to the center for 

17 inclusion in the Registry information on the diag18 nosis, surgical intervention or other operative proce19 dure, other treatment, and follow up for each case of 

20 hearing loss and auditory system injury described in 

21 that paragraph as follows (to the extent applicable): 

22 (A) Not later than 30 days after surgery or 

23 other operative intervention, including a surgery 

24 or other operative intervention carried out as a 

25 result of a follow-up examination. 


jbell on PROD1PC69 with BILLS
274 

•HR 5658 RH

1 (B) Not later than 180 days after the hear2 ing loss and auditory system injury is reported 

3 or recorded in the medical record. 

4 (5) COORDINATION OF CARE AND BENEFITS.— 

5 (A) The center shall provide notice to the National 

6 Center for Rehabilitative Auditory Research 

7 (NCRAR) of the Department of Veterans Affairs and 

8 to the auditory system impairment services of the Vet9 erans Health Administration on each member of the 

10 Armed Forces described in subparagraph (B) for pur11 poses of ensuring the coordination of the provision of 

12 ongoing auditory system rehabilitation benefits and 

13 services by the Department of Veterans Affairs after 

14 the separation or release of such member from the 

15 Armed Forces. 

16 (B) A member of the Armed Forces described in 

17 this subparagraph is a member of the Armed Forces 

18 with significant hearing loss or auditory system in19 jury incurred while serving on active duty, including 

20 a member with auditory dysfunction related to trau21 matic brain injury. 

22 (d) UTILIZATION OF REGISTRY INFORMATION.—The 

23 Secretary of Defense and the Secretary of Veterans Affairs 

24 shall jointly ensure that information in the Registry is 

25 available to appropriate audiologists, speech and language 


jbell on PROD1PC69 with BILLS
275 

•HR 5658 RH

1 pathologists, otolaryngologists, and other specialist per2 sonnel of the Department of Defense and the Department 

3 of Veterans Affairs for purposes of encouraging and facili4 tating the conduct of research, and the development of best 

5 practices and clinical education, on hearing loss or audi6 tory system injury incurred by members of the Armed 

7 Forces. 

8 (e) INCLUSION OF RECORDS OF OIF/OEF VET9 ERANS.—The Secretary of Defense shall take appropriate 

10 actions to include in the Registry such records of members 

11 of the Armed Forces who incurred a hearing loss or audi12 tory system injury while serving on active duty on or after 

13 September 11, 2001, but before the establishment of the Reg14 istry, as the Secretary considers appropriate for purposes 

15 of the Registry. 

16 SEC. 722. CLARIFICATION TO CENTER OF EXCELLENCE RE17 LATING TO MILITARY EYE INJURIES. 

18 Section 1623(d) of Public Law 110–181 is amended 

19 by striking ‘‘in combat’’ at the end. 

20 SEC. 723. NATIONAL CASUALTY CARE RESEARCH CENTER. 

21 (a) REDESIGNATION OF RESEARCH PROGRAM AS CEN22 TER.—Not later than October 1, 2009, the Secretary of De23 fense shall designate a center be known as the ‘‘National 

24 Casualty Care Research Center’’ (in this section referred to 

25 as the ‘‘Center’’), which shall consist of the program known 


jbell on PROD1PC69 with BILLS
276 

•HR 5658 RH

1 as the combat casualty care research program at the Army 

2 Medical Research and Materiel Command as modified in 

3 accordance with this section. 

4 (b) DIRECTOR.—There shall be a director of the Center, 

5 who shall be appointed by the Secretary after consultation 

6 with the commanding general of the Medical Research and 

7 Materiel Command. 

8 (c) ACTIVITIES OF THE CENTER.—In addition to the 

9 functions already performed by the combat casualty care 

10 research program, the Center shall— 

11 (1) provide a public-private partnership for 

12 funding clinical and experimental studies in combat 

13 injury; 

14 (2) integrate laboratory and clinical research to 

15 hasten improvements in care to both civilians and 

16 members of the Armed Forces who are injured; 

17 (3) ensure that data from both military and ci18 vilian entities, including the Joint Theater Trauma 

19 Registry and the National Trauma Data Bank, are 

20 optimally used to establish research agendas and 

21 measure improvements in outcomes; and 

22 (4) fund the full spectrum of injury research and 

23 evaluation, including— 

24 (A) laboratory, translational, and clinical 

25 research; 


jbell on PROD1PC69 with BILLS
277 

•HR 5658 RH

1 (B) point of wounding and pre-hospital 

2 care; 

3 (C) early resuscitative management; 

4 (D) initial and definitive surgical care; 

5 (E) rehabilitation and reintegration into 

6 society; and 

7 (F) coordinate multi-institutional civilian/ 

8 military collaboration and trauma research. 

9 (d) AUTHORIZATION.—In addition to amounts author10 ized for the combat casualty care research program of the 

11 Army Medical Research and Materiel Command, there is 

12 authorized to be appropriated $1,000,000 for the Center es13 tablished pursuant to this section. 

14 (e) FUNDING ADJUSTMENTS.—For the amounts au15 thorized in subsection (d): 

16 (1) The amount for the Defense Health Program, 

17 Research and Development, is hereby increased by 

18 $1,000,000, to be available for the United States 

19 Army Medical Research and Materiel Command. 

20 (2) The amount for Weapons Procurement, 

21 Navy, is hereby reduced by $1,000,000, to be derived 

22 from other missiles. 


jbell on PROD1PC69 with BILLS
278 

•HR 5658 RH

1 SEC. 724. PEER-REVIEWED RESEARCH PROGRAM ON EX2 TREMITY WAR INJURIES. 

3 (a) ESTABLISHMENT OF PEER-REVIEWED

4 ORTHOPAEDIC EXTREMITY TRAUMA RESEARCH PRO5 GRAM.—Not later than 180 days after the date of the enact6 ment of this Act, the Secretary of Defense shall establish 

7 a competitive, peer-reviewed research program within the 

8 Defense Health Program’s research and development func9 tion to conduct peer-reviewed medical research at military 

10 and civilian institutions designed to develop scientific in11 formation aimed at saving injured extremities, avoiding 

12 amputations, and preserving and restoring the function of 

13 injured extremities. Such research shall address military 

14 medical needs and include the full range of scientific in15 quiry encompassing basic, translational, and clinical re16 search. 

17 (b) REPORT.—Not later than 180 days after the date 

18 of the enactment of this Act, the Secretary of Defense shall 

19 submit to Congress a report on the plans for establishment, 

20 management, and operation of the Peer-Reviewed Research 

21 Program on Extremity War Injuries required under this 

22 section. 

23 (c) EFFECTIVE DATE.—This section shall be in effect 

24 until September 30, 2013. 


jbell on PROD1PC69 with BILLS
279 

•HR 5658 RH

1 SEC. 725. REVIEW OF POLICIES AND PROCESSES RELATED 

2 TO THE DELIVERY OF MAIL TO WOUNDED 

3 MEMBERS OF THE ARMED FORCES. 

4 (a) REVIEW OF DELIVERY POLICY AND PROCESSES.— 

5 The Secretary of Defense shall review the policies and proc6 esses related to the delivery of letters, packages, messages, 

7 and other communications that are intended as measures 

8 of support and addressed generally to wounded and injured 

9 members of the Armed Forces (such as ‘‘To any Wounded 

10 Warrior’’ or ‘‘To Any Wounded Service Member’’) in mili11 tary medical treatment facilities and other locations where 

12 members of the Armed Forces are treated and rehabilitated. 

13 (b) SPECIFIC PROCESSES.—In conducting the review 

14 under subsection (a), the Secretary of Defense shall deter15 mine the following: 

16 (1) Whether the current Department of Defense 

17 prohibition on the direct delivery of such letters, pack18 ages, messages, and other communications to wounded 

19 and injured members of the Armed Forces should be 

20 modified. 

21 (2) The adequacy, particularly from the perspec22 tive of wounded and injured members of the Armed 

23 Forces, of the current governmental and non-govern24 mental delivery processes. 

25 (c) CORRECTIVE ACTIONS.—Based on the review under 

26 subsection (a), the Secretary of Defense may take actions 


jbell on PROD1PC69 with BILLS
280 

•HR 5658 RH

1 to correct or modify the policies and processes related to 

2 the delivery of letters, packages, messages, and other com3 munications to wounded and injured members of the Armed 

4 Forces as the Secretary determines appropriate. 

5 (d) REPORT.—Not later than 90 days after the date 

6 of the enactment of this Act, the Secretary of Defense shall 

7 submit to the Committee on Armed Services of the Senate 

8 and the Committee on Armed Services of the House of Rep9 resentatives a report on the results of the review under sub10 section (a) and the ongoing and projected actions to correct 

11 or modify the policies and processes related to the delivery 

12 of letters, packages, messages, and other communications to 

13 wounded and injured members of the Armed Forces. 

14 Subtitle D—Other Matters 

15 SEC. 731. REPORT ON STIPEND FOR MEMBERS OF RESERVE 

16 COMPONENTS FOR HEALTH CARE FOR CER17 TAIN DEPENDENTS. 

18 The Secretary of Defense shall submit to the congres19 sional defense committees a report on the extent to which 

20 the Secretary has exercised the authority provided in section 

21 704 of the National Defense Authorization Act for Fiscal 

22 Year 2008 (Public Law 110–181; 122 Stat. 188; 10 U.S.C. 

23 1076 note). 


jbell on PROD1PC69 with BILLS
281 

•HR 5658 RH

1 SEC. 732. REPORT ON PROVIDING THE EXTENDED CARE 

2 HEALTH OPTION PROGRAM TO AUTISTIC DE3 PENDENTS OF MILITARY RETIREES. 

4 (a) REPORT REQUIRED.—Not later than 90 days after 

5 the date of the enactment of this Act, the Secretary of De6 fense shall submit to the congressional defense committees 

7 a report that contains a plan for including autistic depend8 ents of military retirees in the Extended Care Health Op9 tion program (hereafter in this section referred to as the 

10 ‘‘ECHO program’’). 

11 (b) CONTENTS OF REPORT.—The report required 

12 under subsection (a) shall include the following: 

13 (1) The most current data on the number of 

14 military retirees with autistic dependents and an es15 timate of the number of future military retirees with 

16 autistic dependents. 

17 (2) The cost estimates of providing extended ben18 efits under the ECHO program to autistic dependents 

19 of all current and future military retirees. 

20 (3) The feasibility of including autistic depend21 ents of military retirees in any ongoing demonstra22 tion or pilot programs within the ECHO program. 

23 (4) The statutory and regulatory impediments to 

24 including autistic dependents of military retirees in 

25 the ECHO program. 


jbell on PROD1PC69 with BILLS
282 

•HR 5658 RH

1 SEC. 733. SENSE OF CONGRESS REGARDING AUTISM THER2 APY SERVICES. 

3 (a) SENSE OF CONGRESS.—It is the sense of Congress 

4 that the Secretary of Defense should ensure that the process 

5 in determining eligibility for autistic therapy services pro6 vided to the children of members of the Armed Forces is 

7 conducted in an expeditious manner and without delay. 

8 (b) STUDY AND REPORT.— 

9 (1) STUDY.—The Secretary of Defense shall con10 duct a study on autistic therapy services in the De11 partment of Defense. The study shall include— 

12 (A) an evaluation of whether such services 

13 would be better managed under the TRICARE 

14 program; and 

15 (C) the potential benefits and costs of a 

16 transition of the management of such services 

17 from the exceptional family member programs to 

18 the TRICARE program. 

19 (2) REPORT.—Not later than July 30, 2009, the 

20 Secretary shall submit to the Committees on Armed 

21 Services of the Senate and the House of Representa22 tives a report on the results of the study. 

23 (c) DEFINITIONS.—In this section: 

24 (1) AUTISTIC THERAPY SERVICES.—The term 

25 ‘‘autistic therapy services’’ includes applied behavior 

26 analysis. 


jbell on PROD1PC69 with BILLS
283 

•HR 5658 RH

1 (2) TRICARE PROGRAM.—The term ‘‘TRICARE 

2 program’’ has the meaning provided by section 1072 

3 of title 10, United States Code. 

4 TITLE VIII—ACQUISITION POL5 ICY, ACQUISITION MANAGE6 MENT, AND RELATED MAT7 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. 

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. 

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. 


jbell on PROD1PC69 with BILLS
284 

•HR 5658 RH

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. 

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.—The 

6 Secretary of the Air Force, not later than 10 days after 

7 a ruling by the World Trade Organization that either or 

8 both of the United States or the European Union, or any 

9 political entity within the United States or the European 

10 Union, has provided illegal subsidies to a manufacturer of 

11 large commercial aircraft, shall begin a review, as described 

12 in subsection (b), of the impact of such illegal subsidies on 

13 the source selection for the KC–45 Aerial Refueling Aircraft 

14 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 


jbell on PROD1PC69 with BILLS
285 

•HR 5658 RH

1 comment process. The Secretary shall adopt such pro2 cedures for handling information provided under such 

3 notice and comment process as are necessary to pro4 tect national security and confidential business infor5 mation. 

6 (2) The Secretary shall consult with experts 

7 within the Department of Defense, the Office of Man8 agement and Budget, the Office of the United States 

9 Trade Representative, and other agencies and offices 

10 of the Federal government, as appropriate, on the po11 tential impact of illegal subsidies on the source selec12 tion process for the KC–45 Aerial Refueling Aircraft 

13 Program. 

14 (3) The Secretary shall request information from 

15 each of the offerors in the source selection process for 

16 the KC–45 Aerial Refueling Aircraft Program on the 

17 potential impact of illegal subsidies on such process. 

18 (c) COMPLETION OF REVIEW.—The Secretary of the 

19 Air Force shall complete the review required by subsection 

20 (a) not later than 90 days after the World Trade Organiza21 tion has ruled on all illegal subsidy cases involving large 

22 commercial aircraft pending at the World Trade Organiza23 tion as of the date of the enactment of this Act. 

24 (d) DETERMINATION AND REMEDY REQUIRED.—If the 

25 Secretary of the Air Force determines, after performing the 


jbell on PROD1PC69 with BILLS
286 

•HR 5658 RH

1 review required by subsection (a), that an illegal subsidy 

2 or subsidies had a material impact on the source selection 

3 process for the KC–45 Aerial Refueling Aircraft Program 

4 sufficient to bring into question the fairness of such source 

5 selection process, the Secretary shall take such measures as 

6 are necessary and appropriate to ensure that the effect of 

7 such subsidy or subsidies is removed and the source selection 

8 process for the KC–45 Aerial Refueling Aircraft Program 

9 is fair to all offerors. 

10 (e) DEFINITIONS.—In this section: 

11 (1) The term ‘‘illegal subsidy’’ means a subsidy 

12 found to constitute a violation of the Agreement on 

13 Subsidies and Countervailing Measures. 

14 (2) The term ‘‘Agreement on Subsidies and 

15 Countervailing Measures’’ means the agreement de16 scribed in section 101(d)(12) of the Uruguay Round 

17 Agreements Act (19 U.S.C. 3511(d)(12)). 

18 (3) The term ‘‘source selection’’, with respect to 

19 a program of the Department of Defense, means the 

20 selection, through the use of competitive procedures or 

21 such other procurement procedures as may be appli22 cable, of a contractor to perform a contract to carry 

23 out the program. 


jbell on PROD1PC69 with BILLS
287 

•HR 5658 RH

1 SEC. 802. ASSESSMENT OF URGENT OPERATIONAL NEEDS 

2 FULFILLMENT. 

3 (a) ASSESSMENT REQUIRED.—The Secretary of De4 fense shall commission a study and report by a federally 

5 funded research and development center to assess the effec6 tiveness of the processes used by the Department of Defense 

7 for the generation of urgent operational need requirements, 

8 and the acquisition processes used to fulfill such require9 ments. Such assessment shall include the following: 

10 (1) A description and evaluation of the effective11 ness of the procedures used to generate warfighting re12 quirements through the urgent operational need proc13 ess. 

14 (2) An evaluation of the extent to which urgent 

15 operational need statements are used to document re16 quired capability gaps or are used to request specific 

17 acquisition outcomes, such as specific systems or 

18 equipment. 

19 (3) A description and evaluation of the effective20 ness of the processes used by each of the military de21 partments to prioritize and fulfill urgent operational 

22 needs, including the rapid acquisition processes of the 

23 military departments. 

24 (4) A description and evaluation of the effective25 ness of the procedures used to generate warfighting reVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
288 

•HR 5658 RH

1 quirements through the joint urgent operational need 

2 process. 

3 (5) An evaluation of the extent to which joint ur4 gent operational need statements are used to docu5 ment urgent joint capability gaps or are used— 

6 (A) to avoid using service-specific urgent 

7 operational need and acquisition processes; 

8 (B) to document non-urgent capability 

9 gaps; or 

10 (C) to request specific acquisition outcomes, 

11 such as specific systems or equipment. 

12 (6) A description and evaluation of the effective13 ness of the processes used by the various elements of 

14 the Department of Defense to prioritize and fulfill 

15 joint urgent operational needs, including the Joint 

16 Improvised Explosive Device Defeat Organization and 

17 the Joint Rapid Acquisition Cell. 

18 (7) An evaluation of the extent to which joint ac19 quisition entities maintain oversight, once a military 

20 department or defense agency has been designated as 

21 responsible for execution and fielding of a capability 

22 in response to a joint urgent operational need state23 ment, including oversight of— 

24 (A) the responsiveness of the military de25 partment or agency in execution; 


jbell on PROD1PC69 with BILLS
289 

•HR 5658 RH

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 improvements 

11 for the creation, evaluation, prioritization, and 

12 fulfillment of urgent operational need statements 

13 and joint urgent operational need statements; 

14 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: 

23 (1) The term ‘‘urgent operational need’’ or ‘‘ur24 gent operational need statement’’ means a high priVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
290 

•HR 5658 RH

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 proc17 esses 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 Defense 

24 shall issue guidance requiring that all unique tooling asso25 ciated with the production of hardware for a major defense 


jbell on PROD1PC69 with BILLS
291 

•HR 5658 RH

1 acquisition program be preserved and stored through the 

2 end of the service life of the end item associated with such 

3 a program. Such guidance shall— 

4 (1) provide that either a component of the De5 partment of Defense or a contractor (or subcontractor 

6 at any tier) may be responsible for preservation and 

7 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, require 

14 the component to ensure adequate funds and facilities 

15 are available to preserve and store such tooling 

16 through the projected service life of the end item; 

17 (4) if such tooling is to be preserved and stored 

18 by a contractor, or a subcontractor at any tier, re19 quire that any production contract (or subcontract) 

20 awarded in support of the major defense acquisition 

21 program include a contract clause regarding the pres22 ervation and storage of such tooling; and 

23 (5) provide a mechanism for the Secretary of De24 fense to waive such requirement if— 


jbell on PROD1PC69 with BILLS
292 

•HR 5658 RH

1 (A) the Secretary determines that such a 

2 waiver is in the best interest of national security; 

3 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 any 

23 foreign person to which the government of a foreign country 

24 that is a member of the World Trade Organization has pro25 vided a subsidy if— 


jbell on PROD1PC69 with BILLS
293 

•HR 5658 RH

1 (1) the United States has requested consultations 

2 with that foreign country under the Agreement on 

3 Subsidies and Countervailing Measures on the basis, 

4 in whole or in part, that the subsidy is a prohibited 

5 subsidy under that Agreement; and 

6 (2) either— 

7 (A) the dispute before the World Trade Or8 ganization 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 Agree12 ment on Subsidies and Countervailing Measures. 

13 (b) ADDITIONAL APPLICABILITY.— 

14 (1) JOINT VENTURES.—The prohibition under 

15 subsection (a) with respect to a foreign person also 

16 applies to any joint venture, cooperative organization, 

17 partnership, or contracting team of which that for18 eign person is a member. 

19 (2) SUBCONTRACTS AND TASK AND DELIVERY OR20 DERS.—The prohibition under subsection (a) with re21 spect to a contract also applies to any subcontracts at 

22 any tier entered into under the contract and any task 

23 orders or delivery orders at any tier issued under the 

24 contract. 

25 (c) EXCEPTIONS TO APPLICABILITY.— 


jbell on PROD1PC69 with BILLS
294 

•HR 5658 RH

1 (1) INAPPLICABILITY TO PROGRAMS WITH MILE2 STONE B APPROVAL.—The prohibition under sub3 section (a) shall not apply to any contract under a 

4 major defense acquisition program that has received 

5 Milestone B approval as of the date of the enactment 

6 of this Act. 

7 (2) INAPPLICABILITY TO CERTAIN PROCURE8 MENTS.—The prohibition under subsection (a) shall 

9 not apply to a contract for the procurement of goods 

10 or services from a foreign person being provided a 

11 subsidy if— 

12 (A) in any case in which goods or services 

13 are the subject of the consultation requested by 

14 the United States (as described in subsection 

15 (a)(1)), the goods or services to be procured 

16 under the contract are not related to the goods 

17 and services that are the subject of the consulta18 tion; or 

19 (B) in any case in which the subject of the 

20 consultation requested by the United States (as 

21 described in subsection (a)) is not a good or serv22 ice (but is law, regulations, or other policies of 

23 the foreign country), the Department of Defense 

24 contracting officer for the contract has certified 

25 that the foreign person has demonstrated that the 


jbell on PROD1PC69 with BILLS
295 

•HR 5658 RH

1 cost of the offeror’s proposal is not materially af2 fected by the subsidy. 

3 (d) WAIVER.—The President may waive the prohibi4 tion in this section with respect to a specific contract if 

5 the President (without delegation) determines that failure 

6 to waive the prohibition would result in a significant and 

7 imminent threat to national security. The President shall 

8 submit to Congress a notice of any waiver granted under 

9 this subsection within 7 days after granting it. 

10 (e) DURATION OF PROHIBITION.—In the case of a sub11 sidy that the World Trade Organization has ruled is a pro12 hibited subsidy as described in subsection (a)(2)(B), the 

13 prohibition under subsection (a) shall not apply to a con14 tract for the procurement of goods or services that were the 

15 subject of the consultation after— 

16 (1) the dispute is resolved; and 

17 (2) either— 

18 (A) a mutual agreement has been reached 

19 between the United States and the foreign gov20 ernment with respect to the prohibited subsidy; 

21 or 

22 (B) the foreign government has agreed to 

23 comply with the requirements of the ruling 

24 issued by the World Trade Organization in the 

25 dispute. 


jbell on PROD1PC69 with BILLS
296 

•HR 5658 RH

1 (f) DEFINITIONS.—In this section: 

2 (1) The term ‘‘Agreement on Subsidies and 

3 Countervailing Measures’’ means the agreement de4 scribed in section 101(d)(12) of the Uruguay Round 

5 Agreements Act (19 U.S.C. 3501(d)(12)). 

6 (2) The term ‘‘foreign person’’ means— 

7 (A) an individual who is not a United 

8 States person or an alien lawfully admitted for 

9 permanent residence into the United States; or 

10 (B) a corporation, partnership, or other 

11 nongovernmental entity which is not a United 

12 States person. 

13 (3) The term ‘‘United States person’’ means— 

14 (A) a natural person who is a citizen of the 

15 United States or who owes permanent allegiance 

16 to the United States; and 

17 (B) a corporation or other legal entity 

18 which is organized under the laws of the United 

19 States, any State or territory thereof, or the Dis20 trict of Columbia, if natural persons described in 

21 subparagraph (A) own, directly or indirectly, 

22 more than 50 percent of the outstanding capital 

23 stock or other beneficial interest in such legal en24 tity. 


jbell on PROD1PC69 with BILLS
297 

•HR 5658 RH

1 (4) The term ‘‘major defense acquisition pro2 gram’’ means a Department of Defense acquisition 

3 program that is a major defense acquisition program 

4 for purposes of section 2430 of title 10, United States 

5 Code. 

6 (5) The term ‘‘Milestone B approval’’ has the 

7 meaning provided that term in section 2366(e)(7) of 

8 such title. 

9 SEC. 805. DOMESTIC INDUSTRIAL BASE CONSIDERATIONS 

10 DURING SOURCE SELECTION. 

11 (a) REGULATIONS REQUIRED.—Not later than 120 

12 days after the date of the enactment of this Act, the Sec13 retary of Defense shall prescribe regulations regarding the 

14 application of a domestic industrial base evaluation factor 

15 during source selection for a major defense acquisition pro16 gram of the Department of Defense. Such regulations 

17 shall— 

18 (1) allow the source selection authority to con19 sider impacts on the domestic industrial base as an 

20 evaluation factor during the source selection process; 

21 (2) provide the source selection authority flexi22 bility with regard to the importance assigned to such 

23 an evaluation factor; and 

24 (3) provide defense acquisition officials with the 

25 authority to impose penalties on the contractor 


jbell on PROD1PC69 with BILLS
298 

•HR 5658 RH

1 awarded the contract resulting from the source selec2 tion, including fines and contract termination, if— 

3 (A) the domestic industrial base evaluation 

4 factor was used during source selection; 

5 (B) the evaluation factor had a material ef6 fect on the outcome of the source selection; and 

7 (C) the official determines that the potential 

8 contractor knowingly or willfully misrepresented 

9 impacts to the domestic industrial base during 

10 source selection. 

11 (b) IMPACTS ON DOMESTIC INDUSTRIAL BASE.—For 

12 purposes of the regulations, the Secretary shall consider, at 

13 a minimum, the following to be impacts on the domestic 

14 industrial base: 

15 (1) The creation or maintenance of domestic ca16 pability for production of critical supplies. 

17 (2) The creation or maintenance of domestic jobs. 

18 (3) The creation or maintenance of domestic sci19 entific and technological competencies or manufac20 turing skills. 

21 (c) REPORT REQUIRED.—The Secretary of Defense 

22 shall notify the congressional defense committees at least 30 

23 days before the issuance of a request for proposal for any 

24 major defense acquisition program that will not use a doVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00298 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
299 

•HR 5658 RH

1 mestic industrial base evaluation factor during the source 

2 selection process. Such notification shall include— 

3 (1) a brief description of the major defense ac4 quisition program; 

5 (2) a justification for not using a domestic in6 dustrial base evaluation factor; and 

7 (3) an assessment of potential impacts on the do8 mestic industrial base, if known, as a result of not 

9 using a domestic industrial base evaluation factor. 

10 (d) DEFINITIONS.—In this section: 

11 (1) DOMESTIC INDUSTRIAL BASE.—The term 

12 ‘‘domestic industrial base’’ means— 

13 (A) persons and organizations that are en14 gaged in research, development, production, or 

15 maintenance activities conducted within the 

16 United States and United States territories; and 

17 (B) includes, at a minimum, prime con18 tractors, as well as second and third tier sub19 contractors, engaged in such activities. 

20 (2) MAJOR DEFENSE ACQUISITION PROGRAM.— 

21 The term ‘‘major defense acquisition program’’ has 

22 the meaning provided in section 2430 of title 10, 

23 United States Code. 

24 (3) SOURCE SELECTION.—The term ‘‘source se25 lection’’, with respect to a major defense acquisition 


jbell on PROD1PC69 with BILLS
300 

•HR 5658 RH

1 program, means the selection, through the use of com2 petitive procedures or such other procurement proce3 dures as may be applicable, of a contractor to per4 form a contract to carry out the program. 

5 (4) SOURCE SELECTION AUTHORITY.—The term 

6 ‘‘source selection authority’’, with respect to a major 

7 defense acquisition program, means the official in the 

8 Department of Defense designated as responsible for 

9 the source selection for that program. 

10 SEC. 806. COMMERCIAL SOFTWARE REUSE PREFERENCE. 

11 (a) IN GENERAL.—The Secretary of Defense shall en12 sure that contracting officials identify and evaluate, at all 

13 stages of the acquisition process (including concept refine14 ment, concept decision, and technology development), op15 portunities for the use of commercial computer software 

16 and, if practicable, use such software instead of developing 

17 new software. 

18 (b) REGULATIONS.—The Secretary of Defense shall re19 view and revise the Defense Federal Acquisition Regulation 

20 Supplement, Part 207.103, to clarify that the preference for 

21 commercial items in the acquisition process includes a pref22 erence for commercial computer software, and the preference 

23 applies at all stages of the acquisition process. 


jbell on PROD1PC69 with BILLS
301 

•HR 5658 RH

1 SEC. 807. COMPREHENSIVE PROPOSAL ANALYSIS RE2 QUIRED DURING SOURCE SELECTION. 

3 (a) REGULATIONS REQUIRED.—Not later than 120 

4 days after the date of the enactment of this Act, the Sec5 retary of Defense shall prescribe regulations regarding the 

6 comprehensive evaluation of a proposal for a major defense 

7 acquisition program for which a significant proportion of 

8 the research, design, development, manufacturing, assembly, 

9 or test and evaluation will be performed outside the United 

10 States. Such regulations shall— 

11 (1) require the offeror of such a proposal, in ad12 dition to providing a breakdown of costs as required 

13 by the Federal Acquisition Regulation, to provide a 

14 breakdown of costs not borne by the offeror as a result 

15 of activities performed outside the United States, and 

16 such costs shall— 

17 (A) include, at a minimum, costs borne by 

18 a foreign government that are not borne by a 

19 local, State, or Federal Government in the 

20 United States, such as government-borne— 

21 (i) health care; 

22 (ii) retirement compensation; and 

23 (iii) workman’s compensation; 

24 (B) not include direct labor and material 

25 costs; and 


jbell on PROD1PC69 with BILLS
302 

•HR 5658 RH

1 (C) be limited to those costs that would oth2 erwise be allowable and allocable to the contract 

3 for the major defense acquisition program if all 

4 activities were performed in the United States; 

5 (2) be applicable only to proposals submitted in 

6 response to a solicitation from the Department of De7 fense that requires cost or pricing data; 

8 (3) require the contracting officer responsible for 

9 conducting proposal analysis to consider such costs in 

10 any cost and price analysis performed; and 

11 (4) require the contracting officer to certify, 

12 prior to source selection, that the contracting officer 

13 has no reasonable grounds to believe that the final as14 sessed price excludes any cost or other element of price 

15 (such as the monetary policy of a foreign government) 

16 that other offers performing in the United States 

17 could not also exclude. 

18 (b) ADDITIONAL APPLICABILITY WITH RESPECT TO

19 SUBCONTRACTORS.—The regulations under subsection (a) 

20 also shall apply with respect to any subcontractor (at any 

21 tier) of a prospective contractor if the subcontractor is ex22 pected to perform outside the United States a significant 

23 portion of the research, design, development, manufac24 turing, assembly, or test and evaluation under the proposal 

25 being evaluated. 


jbell on PROD1PC69 with BILLS
303 

•HR 5658 RH

1 (c) DEFINITION.—In this section, the term ‘‘major de2 fense acquisition program’’ means a Department of Defense 

3 acquisition program that is a major defense acquisition 

4 program for the purposes of section 2430 of title 10, United 

5 States Code. 

6 Subtitle B—Amendments to General 

7 Contracting Authorities, Proce8 dures, and Limitations 

9 SEC. 811. ACQUISITION WORKFORCE EXPEDITED HIRING 

10 AUTHORITY. 

11 Section 1705 of title 10, United States Code, is amend12 ed by adding at the end the following new subsection: 

13 ‘‘(h) EXPEDITED HIRING AUTHORITY.— 

14 ‘‘(1) For purposes of sections 3304, 5333, and 

15 5753 of title 5, United States Code, the Secretary of 

16 Defense may— 

17 ‘‘(A) designate any category of acquisition 

18 positions within the Department of Defense as 

19 shortage category positions; and 

20 ‘‘(B) utilize the authorities in such sections 

21 to recruit and appoint highly qualified persons 

22 directly to positions so designated. 

23 ‘‘(2) The Secretary may not appoint a person to 

24 a position of employment under this subsection after 

25 September 30, 2012.’’. 


jbell on PROD1PC69 with BILLS
304 

•HR 5658 RH

1 SEC. 812. DEFINITION OF SYSTEM FOR DEFENSE ACQUISI2 TION CHALLENGE PROGRAM. 

3 Section 2359b of title 10, United States Code, is 

4 amended by adding at the end the following new subsection: 

5 ‘‘(l) SYSTEM DEFINED.—In this section, the term ‘sys6 tem’— 

7 ‘‘(1) means— 

8 ‘‘(A) the organization of hardware, software, 

9 material, facilities, personnel, data, and services 

10 needed to perform a designated function with 

11 specified results (such as the gathering of speci12 fied data, its processing, and its delivery to 

13 users); or 

14 ‘‘(B) a combination of two or more inter15 related pieces (or sets) of equipment arranged in 

16 a functional package to perform an operational 

17 function or to satisfy a requirement; and 

18 ‘‘(2) includes a major system (as defined in sec19 tion 2302(5) of this title).’’. 

20 SEC. 813. CAREER PATH AND OTHER REQUIREMENTS FOR 

21 MILITARY PERSONNEL IN THE ACQUISITION 

22 FIELD. 

23 (a) ACQUISITION PERSONNEL REQUIREMENTS.— 

24 (1) IN GENERAL.—Chapter 87 of title 10, United 

25 States Code, is amended by inserting after section 

26 1722 the following new section: 


jbell on PROD1PC69 with BILLS
305 

•HR 5658 RH

1 ‘‘§ 1722a. Special requirements for military personnel 

2 in the acquisition field 

3 ‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE RE4 GARDING MILITARY PERSONNEL IN ACQUISITION.—The 

5 Secretary of Defense shall require the Secretary of each 

6 military department (with respect to the military depart7 ments) and the Under Secretary of Defense for Acquisition, 

8 Technology, and Logistics (with respect to the Office of the 

9 Secretary of Defense, the unified combatant commands, the 

10 Defense Agencies, and Defense Field Activities), to establish 

11 policies and issue guidance to ensure the proper develop12 ment, assignment, and employment of members of the 

13 armed forces in the acquisition field to achieve the objectives 

14 of this section as specified in subsection (b). 

15 ‘‘(b) OBJECTIVES.—Policies established and guidance 

16 issued pursuant to subsection (a) shall ensure, at a min17 imum, the following: 

18 ‘‘(1) A career path in the acquisition field that 

19 attracts the highest quality officers and enlisted per20 sonnel. 

21 ‘‘(2) A number of command positions and senior 

22 non-commissioned officer positions, including acquisi23 tion billets reserved for general officers and flag offi24 cers under subsection (c), sufficient to ensure that 

25 members of the armed forces have opportunities for 

26 promotion and advancement in the acquisition field. 


jbell on PROD1PC69 with BILLS
306 

•HR 5658 RH

1 ‘‘(3) A number of qualified, trained members of 

2 the armed forces eligible for and active in the acquisi3 tion field sufficient to ensure the appropriate use of 

4 military personnel in contingency contracting. 

5 ‘‘(c) RESERVATION OF ACQUISITION BILLETS FOR

6 GENERAL OFFICERS AND FLAG OFFICERS.—(1) The Sec7 retary of Defense shall establish for each military depart8 ment a minimum number of billets coded or classified for 

9 acquisition personnel that are reserved for general officers 

10 and flag officers and shall ensure that the policies estab11 lished and guidance issued pursuant to subsection (a) by 

12 the Secretary of that military department reserve at least 

13 that minimum number of billets and fill the billets with 

14 qualified and trained general officers and flag officers. 

15 ‘‘(2) The Secretary of Defense shall ensure that a suffi16 cient number of billets for acquisition personnel who are 

17 general officers or flag officers exist within the Office of the 

18 Secretary of Defense, the unified combatant commands, the 

19 Defense Agencies, and the Defense Field Activities. 

20 ‘‘(3) The Secretary of Defense shall ensure that a por21 tion of the billets referred to in paragraphs (1) and (2) in22 volve command of organizations primarily focused on con23 tracting. 

24 ‘‘(d) RELATIONSHIP TO LIMITATION ON PREFERENCE

25 FOR MILITARY PERSONNEL.—Any designation or reservaVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00306 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
307 

•HR 5658 RH

1 tion of a position for a member of the armed forces as a 

2 result of a policy established or guidance issued pursuant 

3 to this section shall be deemed to meet the requirements for 

4 an exception under paragraph (2) of section 1722(b) of this 

5 title from the limitation in paragraph (1) of such section. 

6 ‘‘(e) REPORT.—Not later than January 1 of each year, 

7 the Secretary of each military department shall submit to 

8 the Under Secretary of Defense for Acquisition, Technology, 

9 and Logistics a report describing how the Secretary fulfilled 

10 the objectives of this section in the preceding calendar year. 

11 The report shall include information on the reservation of 

12 acquisition billets for general officers and flag officers with13 in the department.’’. 

14 (2) CLERICAL AMENDMENT.—The table of sec15 tions at the beginning of such chapter is amended by 

16 inserting after the item relating to section 1722 the 

17 following new item: 

‘‘1722a. Special requirements for military personnel in the acquisition field.’’. 

18 (b) ADDITIONAL ITEM FOR INCLUSION IN STRATEGIC

19 PLAN.—Section 543(f)(3)(E) of the National Defense Au20 thorization Act for Fiscal Year 2008 (Public Law 110–181; 

21 122 Stat 116) is amended by inserting after ‘‘officer assign22 ments and grade requirements’’ the following: ‘‘, including 

23 requirements relating to the reservation of billets in the ac24 quisition field for general and flag officers,’’. 


jbell on PROD1PC69 with BILLS
308 

•HR 5658 RH

1 SEC. 814. TECHNICAL DATA RIGHTS FOR NON-FAR AGREE2 MENTS. 

3 (a) RIGHTS IN TECHNICAL DATA FOR NON-FAR 

4 AGREEMENTS.— 

5 (1) IN GENERAL.—Chapter 137 of title 10, 

6 United States Code, is amended by inserting after sec7 tion 2320 the following new section: 

8 ‘‘§ 2320a. Rights in technical data for non-FAR agree9 ments 

10 ‘‘(a) POLICY GUIDANCE.— 

11 ‘‘(1) The Secretary of Defense shall issue policy 

12 guidance with respect to the use of a non-FAR agree13 ment for the development of a major weapon system 

14 or an item of personnel protective equipment. 

15 ‘‘(2) The guidance shall— 

16 ‘‘(A) define the legitimate interest of the 

17 United States and a party to such an agreement 

18 in technical data pertaining to an item or proc19 ess to be developed under the agreement, includ20 ing, at a minimum, the interest of— 

21 ‘‘(i) the United States in increasing 

22 competition and lowering costs by devel23 oping and locating alternative sources of 

24 supply and manufacture; 

25 ‘‘(ii) the United States in the ability to 

26 conduct emergency repair and overhaul; or 


jbell on PROD1PC69 with BILLS
309 

•HR 5658 RH

1 ‘‘(iii) the party to the agreement to re2 strict the release of technical data relating 

3 to an item or process developed at private 

4 expense; and 

5 ‘‘(B) require that specific rights in technical 

6 data shall be established during agreement nego7 tiations and be based upon negotiations between 

8 the United States and the potential party to the 

9 agreement, except in any case in which the Sec10 retary of Defense determines, on the basis of cri11 teria established in such policy guidance, that 

12 the establishment of rights during or through 

13 agreement negotiations would not be practicable. 

14 ‘‘(b) PROVISIONS IN NON-FAR AGREEMENTS.—When15 ever practicable, a non-FAR agreement described in sub16 section (a) shall contain appropriate provisions relating to 

17 technical data, including provisions— 

18 ‘‘(1) defining the respective rights of the United 

19 States and the party to the agreement regarding any 

20 technical data to be delivered under the agreement; 

21 ‘‘(2) specifying the technical data to be delivered 

22 under the agreement and delivery schedules for such 

23 delivery; 


jbell on PROD1PC69 with BILLS
310 

•HR 5658 RH

1 ‘‘(3) establishing or referencing procedures for 

2 determining the acceptability of technical data to be 

3 delivered under the agreement; 

4 ‘‘(4) to the maximum practicable extent, identi5 fying, in advance of delivery, technical data which is 

6 to be delivered with restrictions on the right of the 

7 United States to use such data; 

8 ‘‘(5) requiring the party to the agreement to re9 vise any technical data delivered under the agreement 

10 to reflect engineering design changes made during the 

11 performance of the agreement and affecting the form, 

12 fit, and function of the items specified in the agree13 ment and to deliver such revised technical data to an 

14 agency within a time specified in the agreement; and 

15 ‘‘(6) establishing remedies to be available to the 

16 United States when technical data required to be de17 livered or made available under the agreement is 

18 found to be incomplete or inadequate or to not satisfy 

19 the requirements of the agreement concerning tech20 nical data. 

21 ‘‘(c) ASSESSMENT OF LONG-TERM TECHNICAL DATA

22 NEEDS.—The Secretary of Defense shall require the pro23 gram manager for a major weapon system or an item of 

24 personnel protective equipment that is to be developed using 

25 a non-FAR agreement described in subsection (a) to assess 


jbell on PROD1PC69 with BILLS
311 

•HR 5658 RH

1 the long-term technical data needs of such systems and 

2 items, in accordance with the requirements of section 

3 2320(e) of this title. 

4 ‘‘(d) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘non-FAR agreement’ means an 

6 agreement that is not subject to laws pursuant to 

7 which the Federal Acquisition Regulation is pre8 scribed, including— 

9 ‘‘(A) a transaction authorized under section 

10 2371 of this title; and 

11 ‘‘(B) a cooperative research and develop12 ment agreement. 

13 ‘‘(2) The term ‘party’, with respect to a non14 FAR agreement, means a non-Federal entity and in15 cludes any of the following: 

16 ‘‘(A) A contractor and its subcontractors (at 

17 any tier). 

18 ‘‘(B) A joint venture. 

19 ‘‘(C) A consortium.’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such chapter is amended by 

22 inserting after the item relating to section 2320 the 

23 following new item: 

‘‘2320a. Rights in technical data for non-FAR agreements.’’. 

24 (b) REPORT ON LIFE CYCLE PLANNING FOR TECH25 NICAL DATA NEEDS.—Not later than 120 days after the 


jbell on PROD1PC69 with BILLS
312 

•HR 5658 RH

1 date of enactment of this Act, the Secretary of Defense shall 

2 submit to the Committees on Armed Services of the Senate 

3 and the House of Representatives a report on the implemen4 tation of the requirements in section 2320(e) of title 10, 

5 United States Code, for the assessment of long-term tech6 nical data needs to sustain major weapon systems. Such 

7 report shall include— 

8 (1) a description of all relevant guidance or poli9 cies issued; 

10 (2) the extent to which program managers have 

11 received training to better assess the long-term tech12 nical data needs of major weapon systems and sub13 systems; 

14 (3) a description of the data rights strategies de15 veloped prior to the issuance of contract solicitations 

16 released since October 17, 2006; and 

17 (4) a characterization of the extent to which such 

18 strategies made use of priced contract options for the 

19 future delivery of technical data or acquired all rel20 evant technical data upon contract award. 

21 SEC. 815. CLARIFICATION THAT COST ACCOUNTING STAND22 ARDS APPLY TO FEDERAL CONTRACTS PER23 FORMED OUTSIDE THE UNITED STATES. 

24 (a) CLARIFICATION.—Section 26(f)(2)(A) of the Office 

25 of Federal Procurement Policy Act (41 U.S.C. 422(f)(2)(A)) 


jbell on PROD1PC69 with BILLS
313 

•HR 5658 RH

1 is amended by adding at the end the following: ‘‘, whether 

2 the contracts or subcontracts are performed inside or out3 side the United States’’. 

4 (b) IMPLEMENTING REGULATIONS.—Not later than 

5 180 days after the date of the enactment of this Act, the 

6 cost accounting standards promulgated under section 26 of 

7 such Act shall be amended to take into account the amend8 ment made by subsection (a). 

9 Subtitle C—Provisions Relating to 

10 Inherently Governmental Functions 

11 SEC. 821. POLICY ON PERSONAL CONFLICTS OF INTEREST 

12 BY EMPLOYEES OF DEPARTMENT OF DE13 FENSE CONTRACTORS. 

14 (a) POLICY REQUIRED.—Not later than 180 days after 

15 the date of the enactment of this Act, the Secretary of De16 fense shall develop a standard policy aimed at preventing 

17 personal conflicts of interest by employees of Department 

18 of Defense contractors that is similar to the policy of the 

19 Department of Defense aimed at preventing such conflicts 

20 by Department of Defense civilian employees. 

21 (b) ELEMENTS OF POLICY.—The policy required under 

22 subsection (a) shall— 

23 (1) provide a definition of the term ‘‘personal 

24 conflict of interest’’ as it relates to employees of De25 partment of Defense contractors; 


jbell on PROD1PC69 with BILLS
314 

•HR 5658 RH

1 (2) identify types of contracts that raise height2 ened concerns for potential personal conflicts of inter3 est; and 

4 (3) require each contractor that participates in 

5 the Department’s decision-making in such mission6 critical areas as the development, award, and admin7 istration of Government contracts, and each con8 tractor that is closely supporting inherently govern9 mental functions, to— 

10 (A) identify and prevent personal conflicts 

11 of interest for employees of the contractor who 

12 are performing such functions; 

13 (B) report any personal conflict-of-interest 

14 violation to the applicable contracting officer or 

15 contracting officer’s representative as soon as it 

16 is identified; 

17 (C) maintain effective oversight to verify 

18 compliance with personal conflict-of-interest safe19 guards; and 

20 (D) have procedures in place to screen for 

21 potential conflicts of interest for all employees in 

22 a position to make or materially influence find23 ings, recommendations, and decisions regarding 

24 Department of Defense contracts and other adviVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
315 

•HR 5658 RH

1 sory and assistance functions, either by screening 

2 on a task-by-task basis or on an annual basis. 

3 (c) CONTRACT CLAUSE.—The Secretary shall include 

4 in each contract entered into by the Secretary for the per5 formance of functions described in subsection (b)(3) a clause 

6 that reflects the personal conflicts-of-interest policy devel7 oped under this section and that sets forth the contractor’s 

8 responsibility under such policy. 

9 (d) PANEL ON CONTRACTING INTEGRITY REC10 OMMENDATIONS.—The Department of Defense Panel on 

11 Contracting Integrity, established by the section 813 of the 

12 John Warner National Defense Authorization Act for Fiscal 

13 Year 2007 (Public Law 109–364), shall consider and make 

14 recommendations on the feasibility of applying certain pro15 curement integrity rules to employees of Department of De16 fense contractors to include such rules related to— 

17 (1) improper business practices and personal 

18 conflicts of interest under Federal Acquisition Regula19 tions 3.104; 

20 (2) public corruption; 

21 (3) financial conflicts of interest; 

22 (4) seeking other employment conflicts of inter23 est; 

24 (5) gifts and travel; and 

25 (6) misuse of position or endorsement. 


jbell on PROD1PC69 with BILLS
316 

•HR 5658 RH

1 SEC. 822. DEVELOPMENT OF GUIDANCE ON PERSONAL 

2 SERVICES CONTRACTS. 

3 Not later than 120 days after the date of the enactment 

4 of this Act, the Secretary of Defense shall develop guidance 

5 to— 

6 (1) establish a clear definition of the term ‘‘per7 sonal services contract’’; 

8 (2) require a clear distinction between employees 

9 of the Department of Defense and employees of De10 partment of Defense contractors; 

11 (3) provide appropriate safeguards with respect 

12 to when, where, and to what extent the Secretary may 

13 enter into a contract for the procurement of personal 

14 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 end 

24 the following new section: 


jbell on PROD1PC69 with BILLS
317 

•HR 5658 RH

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 achieve 

13 the specific outcomes specified in the arrangement. 

14 ‘‘(2) The term ‘performance-based logistics ar15 rangement’ means a performance-based contract, task 

16 order, or other arrangement for the logistics sup17 port— 

18 ‘‘(A) of a weapon system or major end item 

19 over the life cycle of the system or item; or 

20 ‘‘(B) of parts, assemblies, subassemblies, or 

21 platforms of a weapon system or major end item. 

22 ‘‘(3) The term ‘performance-based’ has the mean23 ing given such term in section 2331(g) of this title.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of such chapter is amended by 


jbell on PROD1PC69 with BILLS
318 

•HR 5658 RH

1 adding after the item relating to section 2410q the fol2 lowing new item: 

‘‘2410r. Performance-based logistics arrangements: limitation on product support 

integrator functions.’’. 

3 (b) EFFECTIVE DATE.—Section 2410r of title 10, 

4 United States Code, as added by subsection (a), shall apply 

5 to performance-based logistics arrangements entered into 

6 after September 30, 2010. 

7 Subtitle D—Defense Industrial 

8 Security 

9 SEC. 831. REQUIREMENTS RELATING TO FACILITY CLEAR10 ANCES. 

11 Chapter 21 of title 10, United States Code, is amended 

12 by adding at the end the following new subchapter: 

13 ‘‘SUBCHAPTER III—DEFENSE INDUSTRIAL 

14 SECURITY 

‘‘Sec. 438. Facility clearances: requirements. 

15 ‘‘§ 438. Facility clearances: requirements 

16 ‘‘(a) FACILITY CLEARANCES: GENERAL PROVISIONS.— 

17 ‘‘(1) ACCESS TO CLASSIFIED INFORMATION BY

18 CONTRACTORS.—A contractor of the Department of 

19 Defense may not be granted custody of classified in20 formation unless the contractor has a facility clear21 ance. 

22 ‘‘(2) REQUIREMENTS FOR ENTITIES WITH FACIL23 ITY CLEARANCES.—An entity may not be granted a 


jbell on PROD1PC69 with BILLS
319 

•HR 5658 RH

1 facility clearance by the Department of Defense or 

2 continue to hold such a facility clearance unless the 

3 entity agrees to comply with, and maintains compli4 ance with, the requirements set forth in this sub5 chapter. 

6 ‘‘(3) AUTHORITY TO REVOKE OR SUSPEND FACIL7 ITY CLEARANCES.—The Secretary of Defense may re8 voke or suspend a facility clearance granted by the 

9 Department of Defense at any time. 

10 ‘‘(b) GENERAL REQUIREMENTS FOR FACILITY CLEAR11 ANCES.—The Secretary of Defense shall require an entity 

12 granted a facility clearance by the Department of Defense 

13 to comply with the following requirements: 

14 ‘‘(1) The entity shall safeguard classified infor15 mation in its possession. 

16 ‘‘(2) The entity shall safeguard covered controlled 

17 unclassified information in its possession. 

18 ‘‘(3) The entity shall ensure that it complies with 

19 Department of Defense security agreements, contract 

20 provisions regarding security, and relevant regula21 tions of the Department of Defense pertaining to in22 dustrial security. 

23 ‘‘(4) The entity shall ensure that its business and 

24 management practices do not result in the comVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
320 

•HR 5658 RH

1 promise of classified information or adversely affect 

2 the performance of classified contracts. 

3 ‘‘(5) The entity shall undergo a determination 

4 under section 439 of this title of whether the entity is 

5 under foreign ownership control or influence and 

6 shall comply with ongoing notification requirements 

7 under that section related to foreign ownership and 

8 control. 

9 ‘‘(c) REQUIREMENTS FOR DIRECTORS OF ENTITIES

10 WITH FACILITY CLEARANCES.— 

11 ‘‘(1) REQUIREMENTS.—Except as provided in 

12 paragraph (3), the Secretary of Defense shall require 

13 an entity with a facility clearance to require the di14 rectors on the entity’s board of directors to ensure, in 

15 their capacity as fiduciaries of the entity, that the en16 tity employs and maintains policies and procedures 

17 that meet the general requirements for facility clear18 ances listed in subsection (b). 

19 ‘‘(2) BY-LAWS REQUIREMENT.—The requirements 

20 of paragraph (1) shall be set forth in the by-laws of 

21 the entity. 

22 ‘‘(3) EXCEPTIONS.—(A) The Secretary of Defense 

23 may waive the requirements of paragraph (1) for rea24 sons of national security. In the event the Secretary 

25 grants such a waiver, the Secretary shall submit to 


jbell on PROD1PC69 with BILLS
321 

•HR 5658 RH

1 the Committees on Armed Services of the Senate and 

2 the House of Representatives a notification that such 

3 a waiver has been granted and a justification for 

4 granting the waiver. 

5 ‘‘(B) The requirements of paragraph (1) shall 

6 not apply to an entity determined by the Secretary 

7 of Defense under section 439(a) of this title to be 

8 under foreign ownership control or influence. 

9 ‘‘(d) REQUIREMENTS RELATING TO SECURITY MAN10 AGEMENT OF ENTITIES WITH FACILITY CLEARANCES.— 

11 ‘‘(1) DESIGNATION OF EMPLOYEE RESPONSIBLE

12 FOR SECURITY.—The Secretary of Defense shall re13 quire an entity, in consultation with and subject to 

14 the approval of the chairman of its board of directors, 

15 to designate an employee who meets the requirements 

16 of paragraph (2) to be responsible for the following: 

17 ‘‘(A) Reporting to the board of directors of 

18 the entity as its principal advisor concerning the 

19 general requirements for facility clearances listed 

20 in subsection (b), the manner in which they are 

21 carried out through the policies and procedures 

22 required by subsection (c), and the related Fed23 eral requirements for classified information. 


jbell on PROD1PC69 with BILLS
322 

•HR 5658 RH

1 ‘‘(B) Supervising and directing security 

2 measures necessary for implementing such re3 quirements, policies, and procedures. 

4 ‘‘(C) Establishing and administering all 

5 intracompany procedures to prevent unauthor6 ized disclosure and export of controlled unclassi7 fied information and ensuring that the entity 

8 otherwise complies with the requirements of Fed9 eral export control laws. 

10 ‘‘(2) QUALIFICATIONS OF EMPLOYEE.—An em11 ployee may not be designated to be responsible for the 

12 matters described in paragraph (1) unless the em13 ployee— 

14 ‘‘(A) is a citizen of the United States; 

15 ‘‘(B) obtains a security clearance at the 

16 same level as the facility clearance; and 

17 ‘‘(C) completes security training that meets 

18 the requirements of the Department of Defense. 

19 ‘‘(e) REQUIREMENTS RELATING TO MANAGEMENT RE20 SPONSIBILITIES FOR ENTITIES WITH FACILITY CLEAR21 ANCES.—The Secretary of Defense shall require an entity 

22 with a facility clearance to provide a certification of secu23 rity responsibilities to the Secretary. The certification of se24 curity responsibilities shall— 

25 ‘‘(1) affirm the entity’s responsibility— 


jbell on PROD1PC69 with BILLS
323 

•HR 5658 RH

1 ‘‘(A) to identify the key management per2 sonnel of the entity involved in the performance 

3 of classified contracts or in the setting of policies 

4 and practices for such contracts and to designate 

5 a security manager with primary responsibility 

6 for security functions; 

7 ‘‘(B) to ensure that such key management 

8 personnel of the entity meet all eligibility re9 quirements for the performance of classified con10 tracts; 

11 ‘‘(C) to provide such key management per12 sonnel of the entity with all the authority and 

13 capability necessary to safeguard classified infor14 mation and covered controlled unclassified infor15 mation in the performance of classified contracts 

16 in accordance with regulations prescribed by the 

17 Secretary; and 

18 ‘‘(D) to manage all subcontractors and sup19 pliers of the entity performing work on a classi20 fied contract to ensure that use of such sub21 contractors and suppliers does not result in the 

22 compromise of classified information or ad23 versely affect the performance of classified con24 tracts; 


jbell on PROD1PC69 with BILLS
324 

•HR 5658 RH

1 ‘‘(2) be signed by an appropriate member of the 

2 board of directors of the entity or a similar executive 

3 body determined by the Secretary to function as an 

4 equivalent to a board of directors; 

5 ‘‘(3) be disseminated to all appropriate personnel 

6 of the entity; and 

7 ‘‘(4) be updated as necessary according to proce8 dures proscribed by the Secretary. 

9 ‘‘(f) REPORTING REQUIREMENTS.—The Secretary of 

10 Defense shall require an entity with a facility clearance to 

11 submit to the Department of Defense a report on any 

12 event— 

13 ‘‘(1) that affects the status of the facility clear14 ance; 

15 ‘‘(2) that affects proper safeguarding of classified 

16 information or that indicates classified information 

17 has been lost or compromised; 

18 ‘‘(3) that affects the entity’s compliance with De19 partment of Defense security agreements, contract 

20 provisions regarding security, and relevant regula21 tions of the Department of Defense pertaining to in22 dustrial security; or 

23 ‘‘(4) that is related to the entity’s business and 

24 management practices that results in the compromise 

25 of classified information.’’. 


jbell on PROD1PC69 with BILLS
325 

•HR 5658 RH

1 SEC. 832. FOREIGN OWNERSHIP CONTROL OR INFLUENCE. 

2 (a) IN GENERAL.—Subchapter III of chapter 21 of 

3 title 10, United States Code, as added by section 831, is 

4 amended by adding at the end the following new section: 

5 ‘‘§ 439. Foreign ownership control or influence 

6 ‘‘(a) DETERMINATION OF FOREIGN OWNERSHIP CON7 TROL OR INFLUENCE.— 

8 ‘‘(1) IN GENERAL.—Before granting a facility 

9 clearance to an entity, and while such entity holds a 

10 facility clearance, the Secretary of Defense shall deter11 mine whether an entity is under foreign ownership 

12 control or influence (in this subchapter referred to as 

13 ‘FOCI’). 

14 ‘‘(2) DESCRIPTION OF FOCI.—For purposes of 

15 paragraph (1), the Secretary shall determine an enti16 ty to be under FOCI if a foreign interest has the 

17 power, direct or indirect, whether or not exercised, 

18 and whether or not exercisable through the ownership 

19 of the entity’s securities, by contractual arrangements 

20 or other means, to direct or decide matters affecting 

21 the management or operations of that entity in a 

22 manner that may result in— 

23 ‘‘(A) unauthorized access to classified infor24 mation; 

25 ‘‘(B) unauthorized access to covered con26 trolled unclassified information; 


jbell on PROD1PC69 with BILLS
326 

•HR 5658 RH

1 ‘‘(C) an adverse effect on the performance of 

2 classified contracts; or 

3 ‘‘(D) an adverse effect on the entity’s com4 pliance with Department of Defense security 

5 agreements, appropriate contract provisions re6 garding security, and relevant Department regu7 lations pertaining to industrial security. 

8 ‘‘(b) FOCI FACTORS.— 

9 ‘‘(1) IN GENERAL.—The following factors relat10 ing to an entity, a foreign interest, or a government 

11 of a foreign interest shall be considered by the Sec12 retary of Defense in determining under this section 

13 whether an entity is under foreign ownership control 

14 or influence and the protective measures that may be 

15 required to mitigate the FOCI of the entity: 

16 ‘‘(A) Record of economic and government es17 pionage against United States targets by the en18 tity, by any foreign interest in the entity, and 

19 by the government of any such foreign interest. 

20 ‘‘(B) Record of enforcement of covered con21 trolled unclassified information or engagement 

22 in unauthorized technology transfer. 

23 ‘‘(C) The type and sensitivity of the infor24 mation expected to be accessed in performing a 

25 classified contract. 


jbell on PROD1PC69 with BILLS
327 

•HR 5658 RH

1 ‘‘(D) The source, nature, and extent of 

2 FOCI, including whether foreign interests hold a 

3 majority or substantial minority position in the 

4 entity, taking into consideration the immediate, 

5 intermediate, and ultimate parent entities, sister 

6 entities, joint ventures, and hedge funds. 

7 ‘‘(E) Record of compliance with pertinent 

8 United States laws, regulations, and contracts by 

9 the entity, by the foreign interest (if any) in the 

10 entity, and by parent entities, sister entities, 

11 joint ventures, and hedge funds. 

12 ‘‘(F) The nature of any bilateral and multi13 lateral security and information exchange agree14 ments that may pertain to the entity, any for15 eign interest in the entity, and the government 

16 of any such foreign interest. 

17 ‘‘(G) Ownership, control, or influence of the 

18 entity, in whole or in part, by a foreign govern19 ment. 

20 ‘‘(2) MINORITY POSITION.—For purposes of 

21 paragraph (1)(D), a minority position shall be con22 sidered substantial if— 

23 ‘‘(A) it consists of greater than 5 percent of 

24 the ownership interests; 


jbell on PROD1PC69 with BILLS
328 

•HR 5658 RH

1 ‘‘(B) it consists of greater than 10 percent 

2 of the voting interest; or 

3 ‘‘(C) the minority position controls a seat 

4 on the entity’s board of directors. 

5 ‘‘(c) MITIGATION OF FOREIGN OWNERSHIP CONTROL

6 OR INFLUENCE.— 

7 ‘‘(1) PROTECTIVE MEASURES AUTHORIZED FOR

8 MITIGATION OF FOCI.—With respect to any entity 

9 with a facility clearance under FOCI, as determined 

10 under subsection (a), the Secretary of Defense may 

11 impose any security method, safeguard, or restriction 

12 the Secretary believes necessary to ensure that the en13 tity complies with the general requirements for facil14 ity clearances listed in subsection (b) of section 438 

15 of this title. 

16 ‘‘(2) GOVERNMENT SECURITY COMMITTEE RE17 QUIREMENT FOR MITIGATION OF FOCI.— 

18 ‘‘(A) IN GENERAL.—As part of the mitiga19 tion of foreign ownership control or influence of 

20 an entity determined to be under FOCI, the Sec21 retary of Defense shall require the entity to es22 tablish a permanent committee of the entity’s 

23 board of directors, or equivalent executive body, 

24 to be known as the entity’s ‘Government Security 


jbell on PROD1PC69 with BILLS
329 

•HR 5658 RH

1 Committee’, for purposes of carrying out the re2 quirements of this paragraph. 

3 ‘‘(B) RESPONSIBILITIES OF GSC.—The re4 sponsibilities of the Government Security Com5 mittee of an entity are to ensure that the entity 

6 employs and maintains policies and procedures 

7 that ensure that the entity complies with the gen8 eral requirements for facility clearances listed in 

9 subsection (b) of section 438 of this title. 

10 ‘‘(C) ROLE OF SECURITY MANAGER IN

11 GSC.—The employee of the entity designated pur12 suant to section 438(c)(1)(A) as the security 

13 manager shall be the principal advisor to the 

14 Government Security Committee and attend 

15 committee meetings. The chairman of the Gov16 ernment Security Committee must concur with 

17 the appointment and replacement of persons fill18 ing the position of security manager selected by 

19 management of the entity. The functions of the 

20 security manager shall be carried out under the 

21 authority of the Government Security Com22 mittee. 

23 ‘‘(3) RELATIONSHIP TO FACILITY CLEARANCE.— 

24 In the case of an entity with a facility clearance 

25 under FOCI, as determined under subsection (a), the 


jbell on PROD1PC69 with BILLS
330 

•HR 5658 RH

1 following provisions apply with respect to the status 

2 of the facility clearance of the entity: 

3 ‘‘(A) CONTINUATION IN EFFECT WHILE NE4 GOTIATING MITIGATION MEASURE.—The facility 

5 clearance of the entity shall continue in effect if 

6 the entity is negotiating with the Secretary a 

7 mitigation measure and the Secretary determines 

8 that there is no indication that classified infor9 mation or covered controlled unclassified infor10 mation is at risk of compromise. 

11 ‘‘(B) INVALIDATION IF NO MITIGATION

12 MEASURE WITHIN SIX MONTHS.—(i) Subject to 

13 subparagraph (C), the Secretary shall invalidate 

14 the facility clearance of the entity if an accept15 able mitigation measure has not been agreed to 

16 by the Secretary and the entity by the end of the 

17 six-month period beginning on the date of the de18 termination by the Secretary that the entity is 

19 under FOCI. 

20 ‘‘(ii) The six-month period described in 

21 clause (i) may be extended for one additional 

22 three-month period upon request by the entity if 

23 the Secretary approves an extension. 

24 ‘‘(C) REVOCATION IF POSSIBILITY OF UNAU25 THORIZED ACCESS OR ADVERSE EFFECT.—The 


jbell on PROD1PC69 with BILLS
331 

•HR 5658 RH

1 Secretary shall revoke the facility clearance of 

2 the entity at any time if, regardless of whether 

3 the entity is negotiating a mitigation measure 

4 with the Secretary, the Secretary determines that 

5 security measures cannot be taken to remove the 

6 possibility of unauthorized access or an adverse 

7 effect on classified contracts. 

8 ‘‘(d) NOTIFICATION TO DEPARTMENT OF DEFENSE RE9 GARDING CHANGE IN FOCI.—The Secretary of Defense 

10 shall require an entity to notify the Secretary when mate11 rial changes occur to information previously submitted to 

12 the Department of Defense pertaining to the FOCI factors 

13 affecting the entity as soon as such information is known 

14 to the entity. 

15 ‘‘(e) NOTIFICATION TO DEPARTMENT OF DEFENSE RE16 GARDING MERGERS, ACQUISITIONS, OR TAKEOVERS BY

17 FOREIGN PERSONS.—The Secretary of Defense shall require 

18 that when an entity with a facility clearance enters into 

19 negotiations for a proposed merger, acquisition, or takeover 

20 by a foreign person, the entity shall submit to the Secretary 

21 of Defense a notification of the commencement of such nego22 tiations and a plan to negate the FOCI resulting from the 

23 transaction.’’. 


jbell on PROD1PC69 with BILLS
332 

•HR 5658 RH

1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such subchapter is amended by adding at 

3 the end the following new item: 

‘‘Sec. 439. Foreign ownership control or influence.’’. 

4 SEC. 833. CONGRESSIONAL OVERSIGHT RELATING TO FA5 CILITY CLEARANCES AND FOREIGN OWNER6 SHIP CONTROL OR INFLUENCE; DEFINITIONS. 

7 (a) NOTIFICATIONS AND REPORTS.—Subchapter III of 

8 chapter 21 of title 10, United States Code, as added by sec9 tion 831, is further amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 440. Notifications and reports 

12 ‘‘(a) NOTIFICATIONS REQUIRED.—The Secretary of 

13 Defense shall submit to the Committees on Armed Services 

14 of the Senate and the House of Representatives a notifica15 tion within 30 days after the occurrence of any of the fol16 lowing: 

17 ‘‘(1) The revocation or suspension by the Sec18 retary of a facility clearance of an entity previously 

19 determined to be under foreign ownership control or 

20 influence. 

21 ‘‘(2) The receipt by the Secretary of a notifica22 tion under section 439(d) from an entity that the en23 tity has entered into negotiations for a proposed 

24 merger, acquisition, or takeover by a foreign person. 


jbell on PROD1PC69 with BILLS
333 

•HR 5658 RH

1 ‘‘(b) BIANNUAL REPORT.—(1) The Secretary of De2 fense shall, not later than September 1, 2009, and bian3 nually thereafter, submit to the Committees on Armed Serv4 ices of the Senate and the House of Representatives a report 

5 containing the following: 

6 ‘‘(A) Specific, cumulative, and, as appropriate, 

7 trend information on the numbers of entities— 

8 ‘‘(i) holding facility clearances; 

9 ‘‘(ii) that have reported a material change 

10 relating to FOCI factors; 

11 ‘‘(iii) that have measures in place to miti12 gate foreign ownership control or influence; or 

13 ‘‘(iv) that have had a facility clearance sus14 pended or revoked. 

15 ‘‘(B) Specific, cumulative, and, as appropriate, 

16 trend information, on— 

17 ‘‘(i) the entities that have filed for or main18 tain facility clearances; 

19 ‘‘(ii) the number of such entities determined 

20 to be under foreign ownership control or influ21 ence; 

22 ‘‘(iii) the countries from which such entities 

23 have originated; 


jbell on PROD1PC69 with BILLS
334 

•HR 5658 RH

1 ‘‘(iv) the number that went through the 

2 Committee on Foreign Investment in the United 

3 States; and 

4 ‘‘(v) the types of security arrangements and 

5 conditions that the Government Security Com6 mittees of entities have used to mitigate foreign 

7 ownership control or influence. 

8 ‘‘(C) An analysis of trends in the Industrial Se9 curity Program, including an assessment of the num10 ber and types of errors found in compliance within 

11 the Program. 

12 ‘‘(D) An analysis of the details of companies that 

13 have committed violations of the Industrial Security 

14 Program and the frequency of the violations, includ15 ing the number of companies that have committed re16 curring violations. 

17 ‘‘(E) A description of the corrective actions, if 

18 any, taken by the Defense Security Service to address 

19 the violations. 

20 ‘‘(2) The information required under paragraph 

21 (1)(B) shall be organized and set forth separately in the 

22 report by defense sector within the defense industrial base. 

23 ‘‘(3) The report shall be submitted in an unclassified 

24 form, but may contain a classified annex.’’. 


jbell on PROD1PC69 with BILLS
335 

•HR 5658 RH

1 (b) DEFINITIONS.—Subchapter III of chapter 21 of 

2 title 10, United States Code, as added by section 831, is 

3 further amended by adding at the end the following new 

4 section: 

5 ‘‘§ 440a. Definitions 

6 ‘‘In this subchapter: 

7 ‘‘(1) ENTITY.—The term ‘entity’ includes a cor8 poration, company, association, firm, partnership, so9 ciety, or joint stock company, but does not include an 

10 individual. 

11 ‘‘(2) FACILITY CLEARANCE.—The term ‘facility 

12 clearance’, with respect to an entity, means an ad13 ministrative determination by the Secretary of De14 fense that the entity is eligible for— 

15 ‘‘(A) access to classified information; or 

16 ‘‘(B) award of a classified contract. 

17 ‘‘(3) CLASSIFIED INFORMATION.—The term ‘clas18 sified information’ means any information that has 

19 been determined pursuant to Executive Order 12958 

20 or any predecessor order to require protection against 

21 unauthorized disclosure and is so designated. The 

22 classifications ‘top secret’, ‘secret’, and ‘confidential’ 

23 are used to designate such information. 

24 ‘‘(4) CLASSIFIED CONTRACT.—The term ‘classi25 fied contract’ means any contract requiring access to 


jbell on PROD1PC69 with BILLS
336 

•HR 5658 RH

1 classified information by a contractor or the contrac2 tor’s employees in the performance of the contract or 

3 in any phase of precontract activity or post-contract 

4 activity. 

5 ‘‘(5) COVERED CONTROLLED UNCLASSIFIED IN6 FORMATION.—The term ‘covered controlled unclassi7 fied information’ means unclassified information the 

8 export of which— 

9 ‘‘(A) is controlled, in the case of technical 

10 data that is inherently military in nature, by 

11 the International Traffic in Arms Regulations 

12 (ITAR); and 

13 ‘‘(B) is controlled, in the case of technical 

14 data that has both military and commercial 

15 uses, by the Export Administration Regulations 

16 (EAR).’’. 

17 (c) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of such subchapter is amended by adding at 

19 the end the following new items: 

‘‘Sec. 440. Notifications and reports. 

‘‘Sec. 440a. Definitions.’’. 

20 (d) REGULATIONS.—The Secretary of Defense shall 

21 prescribe regulations to carry out subchapter III of chapter 

22 21 of title 10, United States Code, not later than September 

23 1, 2009. 

24 (e) STUDY AND REPORT.— 


jbell on PROD1PC69 with BILLS
337 

•HR 5658 RH

1 (1) IN GENERAL.—The Secretary of Defense shall 

2 conduct a study on investments in entities covered by 

3 subchapter III of chapter 21 of title 10, United States 

4 Code, as added by this title. The study shall examine 

5 investments in such entities by— 

6 (A) foreign governments; 

7 (B) entities controlled by or acting on be8 half of a foreign government; 

9 (C) persons of foreign countries; and 

10 (D) hedge funds. 

11 (2) REPORT.—Not later than 180 days after the 

12 date of the enactment of this Act, the Secretary of De13 fense shall submit to Congress a report on the results 

14 of the study conducted under paragraph (1). The in15 formation in the report shall be organized and set 

16 forth separately by defense sector within the defense 

17 industrial base. 

18 Subtitle E—Other Matters 

19 SEC. 841. CLARIFICATION OF STATUS OF GOVERNMENT 

20 RIGHTS IN THE DESIGNS OF DEPARTMENT OF 

21 DEFENSE VESSELS, BOATS, AND CRAFT, AND 

22 COMPONENTS THEREOF. 

23 (a) IN GENERAL.—Chapter 633 of title 10, United 

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

25 new section: 


jbell on PROD1PC69 with BILLS
338 

•HR 5658 RH

1 ‘‘§ 7317. Status of Government rights in the designs of 

2 vessels, boats, and craft, and components 

3 thereof 

4 ‘‘Government rights in the design of a vessel, boat, or 

5 craft, or its components, including the hull, decks, and su6 perstructure, shall be determined solely by operation of sec7 tion 2320 of this title or by the instrument under which 

8 the design was developed for the Government.’’. 

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

10 the beginning of such chapter is amended by adding at the 

11 end the following new item: 

‘‘7317. Status of Government rights in the designs of vessels, boats, and craft, and 

components thereof.’’. 

12 SEC. 842. EXPANSION OF AUTHORITY TO RETAIN FEES 

13 FROM LICENSING OF INTELLECTUAL PROP14 ERTY. 

15 Section 2260 of title 10, United States Code, is amend16 ed— 

17 (1) in subsection (a), by inserting ‘‘or the Sec18 retary of Homeland Security’’ after ‘‘Secretary of De19 fense’’; and 

20 (2) in subsection (f)— 

21 (A) by striking ‘‘(f) DEFINITIONS.—In this 

22 section, the’’ and inserting the following: 

23 ‘‘(f) DEFINITIONS.—In this section: 

24 ‘‘(1) The’’; and 


jbell on PROD1PC69 with BILLS
339 

•HR 5658 RH

1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) The term ‘Secretary concerned’ has the 

4 meaning provided in section 101(a)(9) of this title 

5 and also includes— 

6 ‘‘(A) the Secretary of Defense, with respect 

7 to matters concerning the Defense Agencies and 

8 Department of Defense Field Activities; and 

9 ‘‘(B) the Secretary of Homeland Security, 

10 with respect to matters concerning the Coast 

11 Guard when it is not operating as a service in 

12 the Department of the Navy.’’. 

13 SEC. 843. TRANSFER OF SECTIONS OF TITLE 10 RELATING 

14 TO MILESTONE A AND MILESTONE B FOR 

15 CLARITY. 

16 (a) REVERSAL OF ORDER OF SECTIONS.—Section 

17 2366b of title 10, United States Code, is transferred so as 

18 to appear before section 2366a of such title. 

19 (b) REDESIGNATION OF SECTIONS.—Section 2366b 

20 (relating to Milestone A) and section 2366a (relating to 

21 Milestone B) of such title, as so transferred, are redesignated 

22 as sections 2366a and 2366b, respectively. 

23 (c) TECHNICAL AMENDMENT.—The table of sections at 

24 the beginning of chapter 139 of title 10, United States Code, 


jbell on PROD1PC69 with BILLS
340 

•HR 5658 RH

1 is amended by striking the items relating sections 2366a 

2 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.’’. 

3 (d) CONFORMING AMENDMENTS.— 

4 (1) SECTION 181 OF TITLE 10, UNITED STATES

5 CODE.—Section 181(b)(4) of title 10, United States 

6 Code, is amended by striking ‘‘section 2366a(a)(4), 

7 section 2366b(b),’’ and inserting ‘‘section 2366a(b), 

8 section 2366b(a)(4),’’. 

9 (2) NATIONAL DEFENSE AUTHORIZATION ACT

10 FOR FISCAL YEAR 2008.—The National Defense Au11 thorization Act for Fiscal Year 2008 (Public Law 

12 110–181) is amended— 

13 (A) in section 212(1) by striking ‘‘2366a’’ 

14 and inserting ‘‘2366b’’; and 

15 (B) in section 816— 

16 (i) in subsection (a)(2) by striking 

17 ‘‘2366a’’ and inserting ‘‘2366b’’; 

18 (ii) in subsection (a)(3) by striking 

19 ‘‘2366b of title 10, United States Code, as 

20 added by section 943 of this Act’’ and in21 serting ‘‘2366a of title 10, United States 

22 Code’’; and 


jbell on PROD1PC69 with BILLS
341 

•HR 5658 RH

1 (iii) in subsection (c)(2) by striking 

2 ‘‘2366a’’ each place such term appears (in3 cluding in the paragraph heading) and in4 serting ‘‘2366b’’. 

5 (3) JOHN WARNER NATIONAL DEFENSE AUTHOR6 IZATION ACT FOR FISCAL YEAR 2007.—The John War7 ner National Defense Authorization Act for Fiscal 

8 Year 2007 (Public Law 109–364) is amended in sec9 tion 812 (120 Stat. 2317), in each of subsections 

10 (c)(2)(A) and (d)(2), by striking ‘‘2366a’’ and insert11 ing ‘‘2366b’’. 

12 SEC. 844. EARNED VALUE MANAGEMENT STUDY AND RE13 PORT. 

14 (a) STUDY.—The Secretary of Defense shall conduct a 

15 study that— 

16 (1) assesses weaknesses in earned value manage17 ment implementation, including a review of the meth18 odology, accuracy of data, training, and information 

19 technology systems used to develop earned value man20 agement data; 

21 (2) audits the accuracy of the earned value man22 agement data provided by vendors to the Federal Gov23 ernment concerning acquisition categories I and II 

24 programs; and 


jbell on PROD1PC69 with BILLS
342 

•HR 5658 RH

1 (3) measures the success of utilizing earned value 

2 management to deliver program objectives. 

3 (b) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act, the Secretary of Defense shall 

5 submit to the appropriate committees a report that— 

6 (1) identifies recommendations for improving the 

7 implementation of earned value management, includ8 ing alternatives; and 

9 (2) contains the findings of the study conducted 

10 under subsection (a). 

11 (c) DEFINITIONS.—In this section: 

12 (1) APPROPRIATE COMMITTEES.—The term ‘‘ap13 propriate committees’’ means the Committee on 

14 Armed Services of the Senate and the Committee on 

15 Armed Services of the House of Representatives. 

16 (2) EARNED VALUE MANAGEMENT.—The term 

17 ‘‘earned value management’’ has the meaning given 

18 that term in section 300 of part 7 of Office of Man19 agement and Budget Circular A–11. 

20 SEC. 845. REPORT ON MARKET RESEARCH. 

21 (a) REPORT REQUIRED.—Not later than October 1, 

22 2009, the Secretary of Defense shall submit to the Commit23 tees on Armed Services of the Senate and the House of Rep24 resentatives a report on the market research conducted by 


jbell on PROD1PC69 with BILLS
343 

•HR 5658 RH

1 the Secretary in implementing section 2377 of title 10, 

2 United States Code. 

3 (b) SAMPLE EXAMINED.—For purposes of the report, 

4 the Secretary shall examine a representative sample of con5 tracts and task or delivery orders, each of which— 

6 (1) is for an amount in excess of $5,000,000; and 

7 (2) is for the acquisition of a mission critical or 

8 a complex military system in which computer soft9 ware is a component or subcomponent. 

10 (c) MATTERS COVERED.—The report shall contain the 

11 following: 

12 (1) A statement of the total number of contracts 

13 and task or delivery orders awarded in fiscal year 

14 2007 for a mission critical or complex military sys15 tem in which software is a component or subcompo16 nent. 

17 (2) A statement of the number of contracts and 

18 task or delivery orders in the sample examined for 

19 purposes of the report (as described in subsection (b)), 

20 and a description of those contracts and orders. 

21 (3) For the sampled contracts and orders, a de22 scription of how often market research was performed 

23 on the sampled contracts and orders. 

24 (4) For the sampled contracts and orders, a de25 scription of whether a Government employee or a conVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00343 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
344 

•HR 5658 RH

1 tractor employee performed the market research and 

2 how the market research was performed. 

3 (5) For the sampled contracts and orders, an 

4 identification of— 

5 (A) instances when the market research 

6 identified software that was available as a com7 mercial item and that could be used to meet the 

8 Government’s requirements; 

9 (B) instances when the software was modi10 fied or proposed to be modified to meet the De11 partment’s requirements; or 

12 (C) instances when the Department’s re13 quirements were modified to meet the capability 

14 of the commercial item software. 

15 (6) An identification of the training tools the 

16 Secretary of Defense has developed to assist con17 tracting officials in performing market research. 

18 (7) An identification of actions the Department 

19 of Defense intends to take to further implement sec20 tion 2377 of title 10, United States Code, and section 

21 826(b) of the National Defense Authorization Act for 

22 Fiscal year 2007 (Public Law 110–181; 10 U.S.C. 

23 2377 note), including dissemination of best practices 

24 and corrective actions where necessary. 


jbell on PROD1PC69 with BILLS
345 

•HR 5658 RH

1 SEC. 846. SYSTEM DEVELOPMENT AND DEMONSTRATION 

2 BENCHMARK REPORT. 

3 (a) SYSTEM DEVELOPMENT AND DEMONSTRATION

4 BENCHMARK REPORT.— 

5 (1) BENCHMARK REPORT REQUIRED.—The Sec6 retary of a military department shall submit a sys7 tem development and demonstration benchmark re8 port as an annex to the baseline description required 

9 in section 2435 of title 10, United States Code, for 

10 each major defense acquisition program identified in 

11 subsection (b). Such a system development and dem12 onstration benchmark report shall be based upon the 

13 most recent contractor proposal, the capabilities devel14 opment document, and the systems requirements docu15 ment approved prior to Milestone B approval and 

16 shall include the following information: 

17 (A) The key performance parameters and 

18 technical requirements identified in the capabili19 ties development document and systems require20 ments document. 

21 (B) A detailed description of performance 

22 capabilities proposed by the contractor, matched 

23 to the capabilities and requirements in the capa24 bilities development document and systems re25 quirements document. 


jbell on PROD1PC69 with BILLS
346 

•HR 5658 RH

1 (C) A target cost for system development 

2 and demonstration, excluding incentive or award 

3 fees and including both government and non-gov4 ernment costs. 

5 (D) A detailed outline of negotiated contract 

6 incentive or award fees. 

7 (E) A detailed outline of contract ceiling 

8 price, target cost, target profit, and contract 

9 share line. 

10 (F) A schedule of key events. 

11 (G) An identification of critical technologies 

12 and associated technology readiness levels esti13 mated for each upon both the initiation and the 

14 conclusion of system development and dem15 onstration. 

16 (H) Estimated percentage completion of de17 tail design at each scheduled design readiness re18 view and the scheduled Milestone C approval 

19 date. 

20 (I) A discussion of development risk and 

21 concurrency within the program. 

22 (J) Any other factors that the milestone de23 cision authority considers relevant. 

24 (2) TIMELINE FOR SUBMISSION OF BENCHMARK

25 REPORT.—A system development and demonstration 


jbell on PROD1PC69 with BILLS
347 

•HR 5658 RH

1 benchmark report for a major defense acquisition pro2 gram identified in subsection (b) shall be submitted to 

3 the congressional defense committees and prepared 

4 under this section— 

5 (A) not later than 30 days after the date of 

6 the enactment of this Act, if the Department of 

7 Defense has entered into a contract for system 

8 development and demonstration for such a major 

9 defense acquisition program prior to the date of 

10 enactment of this Act; or 

11 (B) in accordance with the requirements for 

12 the establishment of a baseline description re13 quired by section 2435 of title 10, United States 

14 Code, in any other case. 

15 (3) ALTERATIONS.—No alterations or revisions 

16 may be made to a system development and dem17 onstration benchmark report after the first such re18 port is prepared in accordance with paragraph (2). 

19 (b) MAJOR DEFENSE ACQUISITION PROGRAMS IN20 CLUDED.—For the purposes of this section, the major de21 fense acquisition programs to be included in the pilot pro22 gram are the following: 

23 (1) BAMS, broad area maritime surveillance un24 manned aerial vehicle. 


jbell on PROD1PC69 with BILLS
348 

•HR 5658 RH

1 (2) CSAR–X, combat search and rescue heli2 copter. 

3 (3) JLTV, joint light tactical vehicle. 

4 (4) KC–45A, aerial refueling tanker. 

5 (5) VH–71, presidential helicopter, increment II. 

6 (6) Warrior-Alpha, unmanned aerial vehicle. 

7 (c) SYSTEM DEVELOPMENT AND DEMONSTRATION

8 CHANGES.—The Under Secretary of Defense for Acquisi9 tion, Technology, and Logistics shall establish a Configura10 tion Steering Board for each major defense acquisition pro11 gram identified in subsection (b). The Board shall oversee 

12 any proposed alteration to the requirements or to the pro13 posed technical configuration for such a major defense ac14 quisition program during system development and dem15 onstration. If such an alteration would increase the cost to 

16 the Government, extend the schedule by more than 30 days, 

17 or alter the proposed performance capabilities, as estab18 lished in the system development and demonstration base19 line required by subsection (a), the Configuration Steering 

20 Board shall not approve the alteration until— 

21 (1) the chair of the Configuration Steering 

22 Board has submitted to the congressional defense com23 mittees a written description of the alteration and an 

24 explanation of the rationale for the alteration; and 


jbell on PROD1PC69 with BILLS
349 

•HR 5658 RH

1 (2) not less than 15 days have expired since the 

2 date of submission of such description and expla3 nation to those committees. 

4 (d) ADDITIONAL REPORTING REQUIREMENTS.— 

5 (1) IN GENERAL.—The Secretary of a military 

6 department shall submit a semi-annual contract per7 formance assessment report to the milestone decision 

8 authority and to the congressional defense committees 

9 on each major defense acquisition program identified 

10 in subsection (b). The report shall be in unclassified 

11 form, but may have a classified annex or an annex 

12 that is restricted to protect source selection, business13 sensitive, or proprietary information. 

14 (2) CONTENTS.—Each such report shall describe 

15 contract execution regarding contract cost perform16 ance, schedule performance, and incentive or award 

17 fee reviews and outlays, and an estimated cost at 

18 completion of the end item compared to the system de19 velopment and demonstration benchmark report re20 quired in subsection (a)(1). 

21 (3) FIRST REPORT.—The first such report shall 

22 be submitted not later than 180 days after— 

23 (A) system design and development contract 

24 award; or 


jbell on PROD1PC69 with BILLS
350 

•HR 5658 RH

1 (B) after enactment of this Act in the case 

2 of a system design and development contract that 

3 was awarded before the date of the enactment of 

4 this Act. 

5 (4) TERMINATION OF REPORTING REQUIRE6 MENT.—The reporting requirement shall terminate 

7 upon a full rate production decision for each major 

8 defense acquisition program identified in subsection 

9 (b). 

10 (e) PROHIBITION ON MILESTONE C APPROVAL.—(1) 

11 Except as provided in paragraph (2), the Milestone C ap12 proval shall not be granted if the milestone decision author13 ity determines, on the basis of a report submitted pursuant 

14 to subsection (d), or has other reason to believe, that— 

15 (A) the cost (including any increase for ex16 pected inflation or currency exchange rates) for 

17 system development and demonstration has in18 creased by more than 25 percent over the system 

19 development and demonstration baseline estab20 lished in (a)(1), or 

21 (B) the schedule for key events is delayed by 

22 more than 15 percent of the total number of 

23 months between the award of the system develop24 ment and demonstration contract and the sched25 uled Milestone C approval date, as provided in 


jbell on PROD1PC69 with BILLS
351 

•HR 5658 RH

1 the system development and demonstration base2 line established in subsection (a)(1). 

3 (2) The Under Secretary of Defense for Acquisi4 tion, Technology, and Logistics may waive the prohi5 bition in paragraph (1) upon certification to the con6 gressional defense committees, along with supporting 

7 rationale, that proceeding to low rate initial produc8 tion is in the best interest of the Department of De9 fense. 

10 (f) DEFINITIONS.—In this section: 

11 (1) CONFIGURATION STEERING BOARD.—The 

12 term ‘‘Configuration Steering Board’’ means the com13 mittee described in the memorandum regarding Con14 figuration Steering Boards from the Under Secretary 

15 of Defense for Acquisition, Technology, and Logistics 

16 dated July 30, 2007, for the secretaries of the military 

17 departments, Chairman of the Joint Chiefs of Staff, 

18 Under Secretaries of Defense, and Commander, U.S. 

19 Special Operations Command. 

20 (2) MILESTONE B APPROVAL.—The term ‘‘Mile21 stone B approval’’ has the meaning provided in sec22 tion 2366(e)(7) of title 10, United States Code. 

23 (3) MILESTONE C APPROVAL.—The term ‘‘Mile24 stone C approval’’ has the meaning provided in sec25 tion 2366(e)(8) of title 10, United States Code; 


jbell on PROD1PC69 with BILLS
352 

•HR 5658 RH

1 (4) 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 SEC. 847. ADDITIONAL MATTERS REQUIRED TO BE RE6 PORTED BY CONTRACTORS PERFORMING SE7 CURITY FUNCTIONS IN AREAS OF COMBAT 

8 OPERATIONS. 

9 Section 862(a)(2)(D) of the National Defense Author10 ization Act for Fiscal Year 2008 (Public Law 110–181) is 

11 amended— 

12 (1) by striking ‘‘or’’ at the end of clause (ii); and 

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

14 clauses: 

15 ‘‘(iv) a weapon is discharged against 

16 personnel performing private security func17 tions in an area of combat operations or 

18 personnel performing such functions believe 

19 a weapon was so discharged; or 

20 ‘‘(v) active, non-lethal countermeasures 

21 (other than the discharge of a weapon) are 

22 employed by the personnel performing pri23 vate security functions in an area of combat 

24 operations in response to a perceived imme25 diate threat to such personnel;’’. 


jbell on PROD1PC69 with BILLS
353 

•HR 5658 RH

1 SEC. 848. REPORT RELATING TO MUNITIONS. 

2 Not later than March 1, 2009, the Secretary of Defense 

3 shall submit to the congressional defense committees a re4 port detailing how 60mm and 81mm munitions used by 

5 the Armed Forces are procured, including, where relevant, 

6 an explanation of the decision to procure such munitions 

7 from non-domestic sources and the justification for award8 ing contracts to non-domestic sources. The report shall also 

9 include a plan to develop a domestic producer as the source 

10 for 60mm and 81mm munitions used by the Armed Forces 

11 by 2012. 

12 TITLE IX—DEPARTMENT OF DE13 FENSE ORGANIZATION AND 

14 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. 


jbell on PROD1PC69 with BILLS
354 

•HR 5658 RH

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. 

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. 

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 States 

6 Code, is amended to read as follows: 

7 ‘‘(j) SPECIAL OPERATIONS ACTIVITIES.—For purposes 

8 of this section, special operations activities include each of 

9 the following insofar as it relates to special operations: 

10 ‘‘(1) Unconventional warfare. 

11 ‘‘(2) Irregular warfare. 

12 ‘‘(3) Counterterrorism. 

13 ‘‘(4) Counterinsurgency. 


jbell on PROD1PC69 with BILLS
355 

•HR 5658 RH

1 ‘‘(5) Counterproliferation of weapons of mass de2 struction. 

3 ‘‘(6) Direct action. 

4 ‘‘(7) Strategic reconnaissance. 

5 ‘‘(8) Foreign internal defense. 

6 ‘‘(9) Civil-military defense. 

7 ‘‘(10) Psychological and information operations. 

8 ‘‘(11) Humanitarian assistance. 

9 ‘‘(12) Theater search and rescue. 

10 ‘‘(13) Such other activities as may be specified 

11 by the President or the Secretary of Defense.’’. 

12 SEC. 902. REQUIREMENT TO DESIGNATE OFFICIALS FOR IR13 REGULAR WARFARE. 

14 The Secretary of Defense shall designate— 

15 (1) a single executive agent for irregular warfare 

16 within the Department of Defense; and 

17 (2) an Assistant Secretary of Defense to be re18 sponsible for overall management and coordination of 

19 irregular warfare. 

20 SEC. 903. PLAN REQUIRED FOR PERSONNEL MANAGEMENT 

21 OF SPECIAL OPERATIONS FORCES. 

22 (a) REQUIREMENT FOR PLAN.—Not later than 30 days 

23 after the date of the enactment of this Act, the commander 

24 of the special operations command shall submit to the conVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
356 

•HR 5658 RH

1 gressional defense committees a plan relating to personnel 

2 management of special operations forces. 

3 (b) MATTERS COVERED.—The plan submitted under 

4 subsection (a) shall address the following: 

5 (1) Coordination among the military depart6 ments in order to enhance the manpower management 

7 and improve overall readiness of special operations 

8 forces. 

9 (2) Coordination by the commander of the spe10 cial operations command with the Secretaries of the 

11 military departments in order to better execute his re12 sponsibility to maintain readiness of special oper13 ations forces, including in the areas of accessions, as14 signments, compensation, promotions, professional de15 velopment, retention, sustainment, and training. 

16 SEC. 904. DIRECTOR OF OPERATIONAL ENERGY PLANS AND 

17 PROGRAMS. 

18 (a) ESTABLISHMENT OF POSITION; DUTIES.—Chapter 

19 4 of title 10, United States Code, is amended by inserting 

20 after section 139a the following new section: 

21 ‘‘§ 139b. Director of Operational Energy Plans and 

22 Programs 

23 ‘‘(a) APPOINTMENT.—There is a Director of Oper24 ational Energy Plans and Programs in the Department of 

25 Defense (in this section referred to as the ‘Director’), apVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
357 

•HR 5658 RH

1 pointed by the President, by and with the advice and con2 sent of the Senate. The Director shall be appointed without 

3 regard to political affiliation and solely on the basis of fit4 ness to perform the duties of the office of Director. 

5 ‘‘(b) DUTIES.—The Director shall— 

6 ‘‘(1) provide leadership and facilitate commu7 nication regarding, and conduct oversight to manage 

8 and be accountable for, operational energy plans and 

9 programs within the Department of Defense and the 

10 Army, Navy, Air Force, and Marine Corps; 

11 ‘‘(2) establish the operational energy strategy; 

12 ‘‘(3) coordinate and oversee planning and pro13 gram activities of the Department of Defense and the 

14 Army, Navy, Air Force, and the Marine Corps related 

15 to— 

16 ‘‘(A) implementation of the operational en17 ergy strategy; 

18 ‘‘(B) the consideration of operational energy 

19 demands in defense planning, requirements, and 

20 acquisition processes; and 

21 ‘‘(C) research and development investments 

22 related to operational energy demand and sup23 ply technologies; and 

24 ‘‘(4) monitor and review all operational energy 

25 initiatives in the Department of Defense. 


jbell on PROD1PC69 with BILLS
358 

•HR 5658 RH

1 ‘‘(c) PRINCIPAL ADVISOR FOR OPERATIONAL ENERGY

2 PLANS AND PROGRAMS.—(1) The Director is the principal 

3 adviser to the Secretary of Defense and the Deputy Sec4 retary of Defense regarding operational energy plans and 

5 programs and the principal policy official within the senior 

6 management of the Department of Defense regarding oper7 ational energy plans and programs. 

8 ‘‘(2) The Director may communicate views on matters 

9 related to operational energy plans and programs and the 

10 energy strategy required by subsection (d) directly to the 

11 Secretary of Defense and the Deputy Secretary of Defense 

12 without obtaining the approval or concurrence of any other 

13 official within the Department of Defense. 

14 ‘‘(d) OPERATIONAL ENERGY STRATEGY.—(1) The Di15 rector shall be responsible for the establishment and mainte16 nance of a department-wide transformational strategy for 

17 operational energy. The strategy shall establish near-term, 

18 mid-term, and long-term goals, performance metrics to 

19 measure progress in meeting the goals, and a plan for im20 plementation of the strategy within the military depart21 ments, the Office of the Secretary of Defense, and Defense 

22 Agencies. 

23 ‘‘(2) Not later than 90 days after the date on which 

24 the Director is first appointed, the Secretary of each of the 

25 military departments shall designate a senior official withVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00358 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
359 

•HR 5658 RH

1 in each armed force under the jurisdiction of the Secretary 

2 who will be responsible for operational energy plans and 

3 programs for that armed force. The officials shall be respon4 sible for coordinating with the Director and implementing 

5 initiatives pursuant to the strategy with regard to that offi6 cial’s armed force. 

7 ‘‘(3) By authority of the Secretary of Defense, the Di8 rector shall prescribe policies and procedures for the imple9 mentation of the strategy. The Director shall provide guid10 ance to, and consult with, the Secretary of Defense, the Dep11 uty Secretary of Defense, the Secretaries of the military de12 partments, and the officials designated under paragraph (2) 

13 with respect to specific operational energy plans and pro14 grams to be carried out pursuant to the strategy. 

15 ‘‘(4) The initial strategy shall be submitted to the con16 gressional defense committees not later than 180 days after 

17 the date on which the Director is first appointed. Subse18 quent updates to the strategy shall be submitted to the con19 gressional defense committees as soon as practicable after 

20 the modifications to the strategy are made. 

21 ‘‘(e) BUDGETARY AND FINANCIAL MATTERS.—(1) The 

22 Director shall review and make recommendations to the 

23 Secretary of Defense regarding all budgetary and financial 

24 matters relating to the operational energy strategy. 


jbell on PROD1PC69 with BILLS
360 

•HR 5658 RH

1 ‘‘(2) The Secretary of Defense shall require that the 

2 Secretary of each military department and the head of each 

3 Defense Agency with responsibility for executing activities 

4 associated with the strategy transmit their proposed budget 

5 for those activities for a fiscal year to the Director for re6 view before submission of the proposed budget to the Under 

7 Secretary of Defense (Comptroller). 

8 ‘‘(3) The Director shall review a proposed budget 

9 transmitted under paragraph (2) for a fiscal year and, not 

10 later than January 31 of the preceding fiscal year, shall 

11 submit to the Secretary of Defense a report containing the 

12 comments of the Director with respect to the proposed budg13 et, together with the certification of the Director regarding 

14 whether the proposed budget is adequate for implementation 

15 of the strategy. 

16 ‘‘(4) Not later than 10 days after the date on which 

17 the budget for a fiscal year is submitted to Congress pursu18 ant to section 1105 of title 31, the Secretary of Defense shall 

19 submit to Congress a report on the proposed budgets for that 

20 fiscal year that the Director has not certified under para21 graph (3). The report shall include the following: 

22 ‘‘(A) A discussion of the actions that the Sec23 retary proposes to take, together with any rec24 ommended legislation that the Secretary considers apVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00360 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
361 

•HR 5658 RH

1 propriate, to address the inadequacy of the proposed 

2 budgets. 

3 ‘‘(B) Any additional comments that the Sec4 retary considers appropriate regarding the inad5 equacy of the proposed budgets. 

6 ‘‘(5) The report required by paragraph (4) shall also 

7 include a separate statement of estimated expenditures and 

8 requested appropriations for that fiscal year for the activi9 ties of the Director in carrying out the duties of the Direc10 tor. 

11 ‘‘(f) ACCESS TO INITIATIVE RESULTS AND

12 RECORDS.—(1) The Secretary of a military department 

13 shall submit to the Director the results of all studies and 

14 initiatives conducted by the military department in connec15 tion with the operational energy strategy. 

16 ‘‘(2) The Director shall have access to all records and 

17 data in the Department of Defense (including the records 

18 and data of each military department) necessary in order 

19 to permit the Director to carry out the duties of the Direc20 tor. 

21 ‘‘(g) STAFF.—The Director shall have a dedicated pro22 fessional staff of military and civilian personnel in a num23 ber sufficient to enable the Director to carry out the duties 

24 and responsibilities of the Director. 

25 ‘‘(h) DEFINITIONS.—In this section: 


jbell on PROD1PC69 with BILLS
362 

•HR 5658 RH

1 ‘‘(1) OPERATIONAL ENERGY.—The term ‘oper2 ational energy’ means the energy required for moving 

3 and sustaining military forces and weapons plat4 forms for military operations. The term includes en5 ergy used by tactical power systems and generators 

6 and weapons platforms. 

7 ‘‘(2) OPERATIONAL ENERGY STRATEGY.—The 

8 terms ‘operational energy strategy’ and ‘strategy’ 

9 mean the operational energy strategy developed under 

10 subsection (d).’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such chapter is amended by inserting after 

13 the item relating to section 139a the following new item: 

‘‘139b. Director of Operational Energy Plans and Programs.’’. 

14 SEC. 905. CORROSION CONTROL AND PREVENTION EXECU15 TIVES FOR THE MILITARY DEPARTMENTS. 

16 (a) REQUIREMENT TO DESIGNATE CORROSION CON17 TROL AND PREVENTION EXECUTIVE.—Not later than 90 

18 days after the date of the enactment of this Act, the Assist19 ant Secretary of each military department with responsi20 bility for acquisition, technology, and logistics shall des21 ignate an employee of the military department as the corro22 sion control and prevention executive. Such executive shall 

23 be the senior official in the department with responsibility 

24 for coordinating department-level corrosion control and 

25 prevention program activities (including budget programVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
363 

•HR 5658 RH

1 ming) with the military department and the Office of the 

2 Secretary of Defense, the program executive officers of the 

3 military departments, and relevant major subordinate com4 mands of the military departments. 

5 (b) DUTIES.—(1) The corrosion control and prevention 

6 executive of a military department shall ensure that corro7 sion control and prevention is maintained in the depart8 ment’s policy and guidance for management of each of the 

9 following: 

10 (A) System acquisition and production, includ11 ing design and maintenance. 

12 (B) Research, development, test, and evaluation 

13 programs and activities. 

14 (C) Equipment standardization programs, in15 cluding international standardization agreements. 

16 (D) Logistics research and development initia17 tives. 

18 (E) Logistics support analysis as it relates to in19 tegrated logistic support in the materiel acquisition 

20 process. 

21 (F) Military infrastructure design, construction, 

22 and maintenance. 

23 (2) The corrosion control and prevention executive of 

24 a military department shall be responsible for identifying 


jbell on PROD1PC69 with BILLS
364 

•HR 5658 RH

1 the funding levels necessary to accomplish the items listed 

2 in subparagraphs (A) through (F) of paragraph (1). 

3 (3) The corrosion control and prevention executive of 

4 a military department shall, in cooperation with the appro5 priate staff of the department, develop, support, and provide 

6 the rationale for resources— 

7 (A) to initiate and sustain an effective corrosion 

8 control and prevention program in the department; 

9 (B) to evaluate the program’s effectiveness; and 

10 (C) to ensure that corrosion control and preven11 tion requirements for materiel are reflected in budg12 eting and policies of the department for the formula13 tion, management, and evaluation of personnel and 

14 programs for the entire department, including its re15 serve components. 

16 (4) The corrosion control and prevention executive of 

17 a military department shall be the principal point of con18 tact of the department to the Director of Corrosion Policy 

19 and Oversight (as assigned under section 2228 of title 10, 

20 United States Code). 

21 (5) The corrosion control and prevention executive of 

22 a military department shall submit an annual report to 

23 the Secretary of Defense containing recommendations per24 taining to the corrosion control and prevention program of 

25 the military department, including corrosion-related fundVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
365 

•HR 5658 RH

1 ing levels to carry out all of the duties of the executive under 

2 this section. 

3 SEC. 906. ALIGNMENT OF DEPUTY CHIEF MANAGEMENT OF4 FICER RESPONSIBILITIES. 

5 Section 192(e) of title 10, United States Code, is 

6 amended to read as follows: 

7 ‘‘(e) SPECIAL RULE FOR DEFENSE BUSINESS TRANS8 FORMATION AGENCY.—Notwithstanding the results of any 

9 periodic review under subsection (c) with regard to the De10 fense Business Transformation Agency, the Secretary of De11 fense shall designate that the Director of the Agency shall 

12 report directly to the Deputy Chief Management Officer of 

13 the Department of Defense.’’. 

14 SEC. 907. REQUIREMENT FOR THE SECRETARY OF DEFENSE 

15 TO PREPARE A STRATEGIC PLAN TO EN16 HANCE THE ROLE OF THE NATIONAL GUARD 

17 AND RESERVES. 

18 (a) PLAN.—Not later than April 1, 2009, the Secretary 

19 of Defense, in consultation with the Chairman of the Joint 

20 Chiefs of Staff and the Chief of the National Guard Bureau, 

21 shall prepare a plan for enhancing the roles of the National 

22 Guard and Reserve— 

23 (1) when federalized in the case of the National 

24 Guard, or activated in the case of the Reserves, in 


jbell on PROD1PC69 with BILLS
366 

•HR 5658 RH

1 support of operations conducted under title 10, 

2 United States Code; and 

3 (2) in support of operations conducted under 

4 title 32, United States Code, or in support of State 

5 missions. 

6 (b) MATTERS TO BE ASSESSED.—In preparing the 

7 plan, the Secretary shall assess— 

8 (1) the findings, conclusions, and recommenda9 tions of the Final Report to Congress and the Sec10 retary of Defense of the Commission on the National 

11 Guard and Reserves, dated January 31, 2008, and ti12 tled ‘‘Transforming the National Guard and Reserves 

13 into a 21st-Century Operational Force’’; and 

14 (2) the provisions of H.R. 5603 of the 110th Con15 gress, as introduced on March 13, 2008 (the National 

16 Guard Empowerment and State-National Defense In17 tegration Act of 2008). 

18 (c) REPORT.—Not later than April 1, 2009, the Sec19 retary of Defense shall submit to the Committees on Armed 

20 Services of the Senate and the House of Representatives a 

21 report on the plan required under this section. The report 

22 shall include recommendations on— 

23 (1) any changes to the current Department of 

24 Defense organization, structure, command relationVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
367 

•HR 5658 RH

1 ships, budget authority, procurement authority, and 

2 compensation and benefits; 

3 (2) any legislation that the Secretary considers 

4 necessary; and 

5 (3) any other matter the Secretary considers ap6 propriate. 

7 SEC. 908. REDESIGNATION OF THE DEPARTMENT OF THE 

8 NAVY AS THE DEPARTMENT OF THE NAVY 

9 AND MARINE CORPS. 

10 (a) REDESIGNATION OF THE DEPARTMENT OF THE

11 NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE

12 CORPS.— 

13 (1) REDESIGNATION OF MILITARY DEPART14 MENT.—The military department designated as the 

15 Department of the Navy is redesignated as the De16 partment of the Navy and Marine Corps. 

17 (2) REDESIGNATION OF SECRETARY AND OTHER

18 STATUTORY OFFICES.— 

19 (A) SECRETARY.—The position of the Sec20 retary of the Navy is redesignated as the Sec21 retary of the Navy and Marine Corps. 

22 (B) OTHER STATUTORY OFFICES.—The po23 sitions of the Under Secretary of the Navy, the 

24 four Assistant Secretaries of the Navy, and the 

25 General Counsel of the Department of the Navy 


jbell on PROD1PC69 with BILLS
368 

•HR 5658 RH

1 are redesignated as the Under Secretary of the 

2 Navy and Marine Corps, the Assistant Secre3 taries of the Navy and Marine Corps, and the 

4 General Counsel of the Department of the Navy 

5 and Marine Corps, respectively. 

6 (b) CONFORMING AMENDMENTS TO TITLE 10, UNITED

7 STATES CODE.— 

8 (1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 

9 Paragraph (8) of section 101(a) of title 10, United 

10 States Code, is amended to read as follows: 

11 ‘‘(8) The term ‘military department’ means the 

12 Department of the Army, the Department of the Navy 

13 and Marine Corps, and the Department of the Air 

14 Force.’’. 

15 (2) ORGANIZATION OF DEPARTMENT.—The text 

16 of section 5011 of such title is amended to read as fol17 lows: ‘‘The Department of the Navy and Marine 

18 Corps is separately organized under the Secretary of 

19 the Navy and Marine Corps.’’. 

20 (3) POSITION OF SECRETARY.—Section 

21 5013(a)(1) of such title is amended by striking ‘‘There 

22 is a Secretary of the Navy’’ and inserting ‘‘There is 

23 a Secretary of the Navy and Marine Corps’’. 

24 (4) CHAPTER HEADINGS.— 


jbell on PROD1PC69 with BILLS
369 

•HR 5658 RH

1 (A) The heading of chapter 503 of such title 

2 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 title 

6 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 amend12 ed by striking ‘‘Department of the Navy’’ and 

13 ‘‘Secretary of the Navy’’ each place they appear 

14 other than as specified in paragraphs (1), (2), 

15 (3), and (4) (including in section headings, sub16 section captions, tables of chapters, and tables of 

17 sections) and inserting ‘‘Department of the Navy 

18 and Marine Corps’’ and ‘‘Secretary of the Navy 

19 and Marine Corps’’, respectively, in each case 

20 with the matter inserted to be in the same type21 face and typestyle as the matter stricken. 

22 (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 

23 5017(2), 5032(a), and 5042(a) of such title are 

24 amended by striking ‘‘Assistant Secretaries of the 


jbell on PROD1PC69 with BILLS
370 

•HR 5658 RH

1 Navy’’ and inserting ‘‘Assistant Secretaries of 

2 the Navy and Marine Corps’’. 

3 (ii) The heading of section 5016 of such 

4 title, and the item relating to such section in the 

5 table of sections at the beginning of chapter 503 

6 of such title, are each amended by inserting ‘‘and 

7 Marine Corps’’ after ‘‘of the Navy’’, with the 

8 matter inserted in each case to be in the same 

9 typeface and typestyle as the matter amended. 

10 (c) OTHER PROVISIONS OF LAW AND OTHER REF11 ERENCES.— 

12 (1) TITLE 37, UNITED STATES CODE.—Title 37, 

13 United States Code, is amended by striking ‘‘Depart14 ment of the Navy’’ and ‘‘Secretary of the Navy’’ each 

15 place they appear and inserting ‘‘Department of the 

16 Navy and Marine Corps’’ and ‘‘Secretary of the Navy 

17 and Marine Corps’’, respectively. 

18 (2) OTHER REFERENCES.—Any reference in any 

19 law other than in title 10 or title 37, United States 

20 Code, or in any regulation, document, record, or other 

21 paper of the United States, to the Department of the 

22 Navy shall be considered to be a reference to the De23 partment of the Navy and Marine Corps. Any such 

24 reference to an office specified in subsection (b)(2) 


jbell on PROD1PC69 with BILLS
371 

•HR 5658 RH

1 shall be considered to be a reference to that officer as 

2 redesignated by that section. 

3 (d) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall take effect on the first day 

5 of the first month beginning more than 60 days after the 

6 date of the enactment of this Act. 

7 SEC. 909. SUPPORT TO COMMITTEE REVIEW. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) In accordance with section 118 of title 10, 

10 United States Code, the Department of Defense con11 ducts a Quadrennial Defense Review as a comprehen12 sive examination of ‘‘the national defense strategy, 

13 force structure, force modernization plans, infrastruc14 ture, budget plan, and other elements of the defense 

15 program and policies of the United States with a 

16 view toward determining and expressing the defense 

17 strategy of the United States and establishing a de18 fense program for the next 20 years’’. 

19 (2) In submitting reports on these reviews to the 

20 Committees on Armed Services of the Senate and the 

21 House of Representatives, the Secretary is mandated 

22 to include the threats to the assumed or defined na23 tional security interests of the United States, the 

24 threat-based scenarios developed to conduct the review, 

25 and other assumptions that impact the ability to 


jbell on PROD1PC69 with BILLS
372 

•HR 5658 RH

1 counter such threats, including force readiness, co2 operation of allies, warning times, and levels of en3 gagement in operations other than war and smaller4 scale contingencies. 

5 (3) There is no statutory requirement to assume 

6 certain funding levels available to the Department of 

7 Defense in the conduct of this review because Congress 

8 reserves its prerogative to provide the resources nec9 essary to address threats to United States national se10 curity interests and uses this review as a data point 

11 in determining the proper level of those resources. 

12 (4) The reports associated with the 1997, 2001, 

13 and 2006 reviews clearly demonstrated that the Sec14 retary made certain assumptions about anticipated 

15 funding. 

16 (5) As a result, the reported recommendations 

17 were unnecessarily constrained by those funding as18 sumptions. 

19 (6) As the Department of Defense is preparing to 

20 conduct another Quadrennial Defense Review with a 

21 report due to the Congress by 2010, the Committee on 

22 Armed Services of the House of Representatives should 

23 review in a bipartisan, thorough manner the military 

24 capabilities required to address challenges to United 


jbell on PROD1PC69 with BILLS
373 

•HR 5658 RH

1 States national security interests over the next 20 

2 years. 

3 (b) SUPPORT REQUIRED.—Within 15 days after re4 ceiving a request, the Secretary of Defense shall provide the 

5 Committee on Armed Services of the House of Representa6 tives with any information or data requested by that Com7 mittee so that it can review in a comprehensive, threat8 based, and bipartisan manner the national defense strategy, 

9 force structure, force modernization plans, infrastructure, 

10 budget plan, and other elements of the defense program and 

11 policies of the United States with a view toward deter12 mining and expressing the defense strategy of the United 

13 States and establishing a defense program for the next 20 

14 years, as well as preparing for the upcoming Quadrennial 

15 Roles and Missions Review and Quadrennial Defense Re16 view. 

17 Subtitle B—Space Activities 

18 SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM 

19 FOR PROVISION OF SPACE SURVEILLANCE 

20 NETWORK SERVICES TO NON-UNITED STATES 

21 GOVERNMENT ENTITIES. 

22 Section 2274(i) of title 10, United States Code, is 

23 amended by striking ‘‘September 30, 2009’’ and inserting 

24 ‘‘September 30, 2010’’. 


jbell on PROD1PC69 with BILLS
374 

•HR 5658 RH

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 invest5 ment and acquisition strategy for commercial satellite ca6 pabilities. 

7 (b) ELEMENTS.—The assessment required under sub8 section (a) shall include the following: 

9 (1) Review of national and defense policy rel10 evant to the requirements for, acquisition of, and use 

11 of commercial satellite capabilities, and the relation12 ship with commercial satellite providers. 

13 (2) Assessment of the manner in which commer14 cial satellite capabilities are utilized by the Depart15 ment of Defense and options for expanding such utili16 zation or identifying new means to leverage commer17 cial satellite capabilities, such as hosting payloads. 

18 (3) Review of military requirements for satellite 

19 communications and remote sensing by quantity, 

20 quality, timeline, and any other metric considered 

21 appropriate. 

22 (4) Description of current and planned commer23 cial satellite capabilities and an assessment of their 

24 ability to meet the requirements identified in para25 graph (3). 


jbell on PROD1PC69 with BILLS
375 

•HR 5658 RH

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 years), 

7 present (current date through Future Years Defense 

8 Plan (FYDP)), and future (beyond the FYDP) to 

9 meet the requirements identified in paragraph (3). 

10 (7) Assessment of purchasing patterns that may 

11 lead to recommendations in which the Department 

12 may consolidate requirements, centralize operations, 

13 aggregate purchases, or leverage purchasing power 

14 (including the use of multiyear contracting). 

15 (8) Assessment of various models for acquiring 

16 commercial satellite capabilities, including funding, 

17 management, and operations models. 

18 (c) REPORT.— 

19 (1) IN GENERAL.—Not later than February 1, 

20 2009, the Secretary of Defense shall submit to the con21 gressional defense committees a report setting forth 

22 the results of the assessment required under subsection 

23 (a) and provide recommendations, to include— 


jbell on PROD1PC69 with BILLS
376 

•HR 5658 RH

1 (A) the recommended investment and acqui2 sition strategy or strategies of the Department 

3 for commercial satellite capabilities; 

4 (B) how the investment and acquisition 

5 strategy or strategies should be addressed in fis6 cal 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’’ re18 fers to privately owned and operated space systems, 

19 their technology, components, products, data, services, 

20 and related information, as well as foreign systems 

21 whose products and services are sold commercially. 


jbell on PROD1PC69 with BILLS
377 

•HR 5658 RH

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 Act 

7 for Fiscal Year 1993 (50 U.S.C. 1521 note) is amended by 

8 adding at the end the following: 

9 ‘‘(i) COLORADO AND KENTUCKY CHEMICAL DEMILI10 TARIZATION CITIZENS ADVISORY COMMISSIONS.—Notwith11 standing subsections (b), (f), and (g), and consistent with 

12 section 142 of the Strom Thurmond National Defense Au13 thorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note) 

14 and section 8122 of the Department of Defense Appropria15 tions Act, 2003 (50 U.S.C. 1521 note), responsibilities for 

16 the Chemical Demilitarization Citizens Advisory Commis17 sions in Colorado and Kentucky shall be transferred from 

18 the Secretary of the Army to the Program Manager for As19 sembled Chemical Weapons Alternatives. The Program 

20 Manager for Assembled Chemical Weapons Alternatives 

21 shall ensure the ability to receive citizen and State concerns 

22 regarding the ongoing chemical destruction program in 

23 these States. A representative from the Office of the Assist24 ant to the Secretary of Defense for Nuclear, Chemical, and 

25 Biological Defense Programs shall meet with these commisVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
378 

•HR 5658 RH

1 sions not less often than twice a year. Funds appropriated 

2 for the Assembled Chemical Weapons Alternatives Program 

3 shall be used for travel and associated travel costs for these 

4 Citizens Advisory Commissioners, when such travel is con5 ducted at the invitation of the Department of Defense Spe6 cial Assistant for Chemical and Biological Defense and 

7 Chemical Demilitarization Programs.’’. 

8 SEC. 922. PROHIBITION ON TRANSPORT OF HYDROLYSATE 

9 AT PUEBLO CHEMICAL DEPOT, COLORADO. 

10 (a) PROHIBITION.—During fiscal year 2009, the Sec11 retary of Defense may not transport hydrolysate from the 

12 Pueblo Chemical Depot, Colorado, to an off-site location for 

13 treatment, storage, or disposal. 

14 (b) SAVINGS CLAUSE.—Nothing in this section limits 

15 or otherwise affects section 8119 of the Department of De16 fense Appropriations Act, 2008 (Public Law 110–116; 50 

17 U.S.C. 1521 note). 

18 (c) REPORT.—Not later than February 15, 2009, the 

19 Secretary shall submit to the congressional defense commit20 tees a report on hydrolysate stockpiled at the Pueblo Chem21 ical Depot, Colorado. The report shall include a comprehen22 sive cost-benefit analysis between on-site and off-site meth23 ods for disposing of such hydrolysate. 


jbell on PROD1PC69 with BILLS
379 

•HR 5658 RH

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.—Sec19 tion 105(a)(1) of the Ethics in Government Act of 

20 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’’. 


jbell on PROD1PC69 with BILLS
380 

•HR 5658 RH

1 (2) INSPECTOR GENERAL ACT OF 1978.—Section 

2 8H of the Inspector General Act of 1978 (Public Law 

3 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 OF

13 1988.—Section 7(b)(2)(A)(i) of the Employee Poly14 graph 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 ACT, 

19 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 insert23 ing ‘‘National Geospatial-Intelligence Agency’’. 

24 (5) HOMELAND SECURITY ACT OF 2002.—Section 

25 201(e)(2) of the Homeland Security Act of 2002 (6 


jbell on PROD1PC69 with BILLS
381 

•HR 5658 RH

1 U.S.C. 121(e)(2)) is amended by striking ‘‘National 

2 Imagery and Mapping Agency’’ and inserting ‘‘Na3 tional 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 COMMU9 NITY.—Title 10, United States Code, is amended by striking 

10 ‘‘Director of Central Intelligence’’ each place it appears and 

11 inserting ‘‘Director of National Intelligence’’ in the fol12 lowing: 

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). 


jbell on PROD1PC69 with BILLS
382 

•HR 5658 RH

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 INTELLIGENCE

8 AGENCY.—Section 444 of such title is amended by striking 

9 ‘‘Director of Central Intelligence’’ each place it appears and 

10 inserting ‘‘Director of the Central Intelligence Agency’’. 

11 SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE AS12 SOCIATE DIRECTOR OF THE CIA FOR MILI13 TARY AFFAIRS. 

14 Section 528(c) of title 10, United States Code, is 

15 amended— 

16 (1) in the heading, by striking ‘‘MILITARY SUP17 PORT’’ and inserting ‘‘MILITARY AFFAIRS’’; and 

18 (2) by striking ‘‘Military Support’’ and insert19 ing ‘‘Military Affairs’’. 

20 Subtitle E—Other Matters 

21 SEC. 941. DEPARTMENT OF DEFENSE SCHOOL OF NURSING 

22 REVISIONS. 

23 (a) SCHOOL OF NURSING.—The text of section 2117 

24 of title 10, United States Code, is amended to read as fol25 lows: 


jbell on PROD1PC69 with BILLS
383 

•HR 5658 RH

1 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall 

2 establish within the University a School of Nursing, not 

3 later than July 1, 2010. It shall be so organized as to grad4 uate not less than 25 students with a bachelor of science 

5 in nursing in the first class not later than June 30, 2012, 

6 not less than 50 in the second class, and not less than 100 

7 annually thereafter. 

8 ‘‘(b) MINIMUM REQUIREMENT.—The School of Nursing 

9 shall include, at a minimum, a program that awards a 

10 bachelor of science in nursing. 

11 ‘‘(c) PHASED DEVELOPMENT.—The development of the 

12 School of Nursing may be by such phases as the Secretary 

13 may prescribe, subject to the requirements of subsection 

14 (a).’’. 

15 (b) RETIRED NURSE CORPS OFFICER DEMONSTRA16 TION PROJECT.— 

17 (1) IN GENERAL.—The Secretary of Defense may 

18 conduct a demonstration project to encourage retired 

19 military nurses to serve as faculty at civilian nursing 

20 schools. 

21 (2) ELIGIBILITY REQUIREMENTS.— 

22 (A) INDIVIDUAL.—An individual is eligible 

23 to participate in the demonstration project if the 

24 individual— 


jbell on PROD1PC69 with BILLS
384 

•HR 5658 RH

1 (i) is a retired nurse corps officer of 

2 one of the Armed Forces; 

3 (ii) has had at least 26 years of active 

4 Federal commissioned service before retir5 ing; and 

6 (iii) possesses a doctoral or master de7 gree in nursing that qualifies the officer to 

8 become a full faculty member of an accred9 ited school of nursing. 

10 (B) INSTITUTION.—An accredited school of 

11 nursing is eligible to participate in the dem12 onstration project if the school or its parent in13 stitution of higher education— 

14 (i) is a school of nursing that is ac15 credited to award, at a minimum, a bach16 elor of science in nursing and provides edu17 cational programs leading to such degree; 

18 (ii) has a resident Reserve Officer 

19 Training Corps unit at the institution of 

20 higher education that fulfils the require21 ments of sections 2101 and 2102 of title 10, 

22 United States Code; 

23 (iii) does not prevent ROTC access or 

24 military recruiting on campus, as defined 


jbell on PROD1PC69 with BILLS
385 

•HR 5658 RH

1 in section 983 of title 10, United States 

2 Code; 

3 (iv) provides any retired nurse corps 

4 officer participating in the demonstration 

5 project a salary and other compensation at 

6 the level to which other similarly situated 

7 faculty members of the accredited school of 

8 nursing are entitled, as determined by the 

9 Secretary of Defense; and 

10 (v) agrees to comply with paragraph 

11 (4). 

12 (3) COMPENSATION.— 

13 (A) The Secretary of Defense may authorize 

14 a Secretary of a military department to author15 ize qualified institutions of higher education to 

16 employ as faculty those eligible individuals (as 

17 described in paragraph (2)) who are receiving 

18 retired pay, whose qualifications are approved 

19 by the Secretary and the institution of higher 

20 education concerned, and who request such em21 ployment, subject to the following: 

22 (i) A retired nurse corps officer so em23 ployed is entitled to receive the officer’s re24 tired pay without reduction by reason of 

25 any additional amount paid to the officer 


jbell on PROD1PC69 with BILLS
386 

•HR 5658 RH

1 by the institution of higher education con2 cerned. In the case of payment of any such 

3 additional amount by the institution of 

4 higher education concerned, the Secretary of 

5 the military department concerned may pay 

6 to that institution the amount equal to one7 half the amount paid to the retired officer 

8 by the institution for any period, up to a 

9 maximum of one-half of the difference be10 tween the officer’s retired pay for that pe11 riod and the active duty pay and allow12 ances that the officer would have received 

13 for that period if on active duty. Payments 

14 by the Secretary concerned under this para15 graph shall be made from funds specifically 

16 appropriated for that purpose. 

17 (ii) Notwithstanding any other provi18 sion of law contained in title 10, title 32, 

19 or title 37, United States Code, such a re20 tired nurse corps officer is not, while so em21 ployed, considered to be on active duty or 

22 inactive duty training for any purpose. 

23 (4) SCHOLARSHIPS FOR NURSE OFFICER CAN24 DIDATES.—For purposes of the eligibility of an instiVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
387 

•HR 5658 RH

1 tution under paragraph (2)(B)(v), the following re2 quirements apply: 

3 (A) Each accredited school of nursing at 

4 which a retired nurse corps officer serves on the 

5 faculty under this subsection shall provide full 

6 academic scholarships to individuals under7 taking an educational program at such school 

8 leading to a bachelor of science in nursing degree 

9 who agree, upon completion of such program, to 

10 accept a commission as an officer in the nurse 

11 corps of one of the Armed Forces. 

12 (B) The total number of scholarships pro13 vided by an accredited school of nursing under 

14 subparagraph (A) for each officer serving on the 

15 faculty of that school under this subsection shall 

16 be such number as the Secretary of Defense shall 

17 specify for purposes of this subsection. 

18 (C) Each accredited school of nursing shall 

19 pay to the Department of Defense an amount 

20 equal to the value of the scholarship for every 

21 nurse officer candidate who fails to be accessed 

22 as a nurse corps officer into one of the Armed 

23 Forces within one year of receiving a bachelor of 

24 science degree in nursing from that school. 


jbell on PROD1PC69 with BILLS
388 

•HR 5658 RH

1 (D) The Secretary concerned is authorized 

2 to discontinue the demonstration project author3 ized in this subsection at any institution of high4 er education that fails to fulfill the requirements 

5 of subparagraph (C). 

6 (5) REPORT.— 

7 (A) Not later than 24 months after the com8 mencement of any demonstration project under 

9 this subsection, the Secretary of Defense shall 

10 submit to the congressional defense committees a 

11 report on the demonstration project. The report 

12 shall include a description of the project and a 

13 description of plans for the continuation of the 

14 project, if any. 

15 (B) ELEMENTS.—The report shall also in16 clude, at a minimum, the following: 

17 (i) The current number of retired nurse 

18 corps officers who have at least 26 years of 

19 active Federal commissioned service who 

20 would be eligible to participate in the pro21 gram. 

22 (ii) The number of retired nurse corps 

23 officers participating in the demonstration 

24 project. 


jbell on PROD1PC69 with BILLS
389 

•HR 5658 RH

1 (iii) The number of accredited schools 

2 of nursing participating in the demonstra3 tion project. 

4 (iv) The number of nurse officer can5 didates who have accessed into the military 

6 as commissioned nurse corps officers. 

7 (v) The number of scholarships award8 ed to nurse officer candidates. 

9 (vi) The number of nurse officer can10 didates who have failed to access into the 

11 military, if any. 

12 (vii) The amount paid to the Depart13 ment of Defense in the event any nurse offi14 cer candidates awarded scholarships by the 

15 accredited school of nursing fail to access 

16 into the military as commissioned nurse 

17 corps officers. 

18 (viii) The funds expended in the oper19 ation of the demonstration project. 

20 (ix) The recommendation of the Sec21 retary of Defense as to whether the dem22 onstration project should be extended. 

23 (6) SUNSET.—The authority in this subsection 

24 shall expire on June 30, 2014. 


jbell on PROD1PC69 with BILLS
390 

•HR 5658 RH

1 (7) DEFINITIONS.—In this subsection, the terms 

2 ‘‘school of nursing’’ and ‘‘accredited’’ have the meet3 ing given those terms in section 801 of the Public 

4 Health Service Act (42 U.S.C. 296). 

5 SEC. 942. AMENDMENTS OF AUTHORITY FOR REGIONAL 

6 CENTERS FOR SECURITY STUDIES. 

7 (a) IN GENERAL.—Section 184(f) of title 10, United 

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

9 new paragraph: 

10 ‘‘(6) Funds available to the Department of De11 fense for a Regional Center for any fiscal year (begin12 ning with funds available for fiscal year 2009), in13 cluding funds available under paragraphs (4) and 

14 (5), are available for use for programs that begin in 

15 such fiscal year but end in the next fiscal year.’’. 

16 (b) ESTABLISHMENT OF A PILOT PROGRAM FOR NON17 GOVERNMENTAL PERSONNEL.— 

18 (1) IN GENERAL.—In fiscal years 2009 and 

19 2010, the Secretary of Defense, with the concurrence 

20 of the Secretary of State, may waive reimbursement 

21 of the costs of activities of the Regional Centers for 

22 nongovernmental and international organization per23 sonnel who participate in activities that enhance co24 operation of nongovernmental organizations and 

25 international organizations with Armed Forces of the 


jbell on PROD1PC69 with BILLS
391 

•HR 5658 RH

1 United States, if the Secretary of Defense determines 

2 that attendance of such personnel without reimburse3 ment is in the national security interests of the 

4 United States. Costs for which reimbursement is 

5 waived pursuant to this subsection shall not exceed 

6 $1,000,000 in each of fiscal years 2009 and 2010 and 

7 shall be paid from appropriations available to the Re8 gional Centers in each of those fiscal years. 

9 (2) REPORT REQUIRED.—.For each of fiscal 

10 years 2009 and 2010, the Secretary of Defense shall 

11 include in the annual report required under section 

12 184(h) of title 10, United States Code, a description 

13 of the extent of nongovernmental and international 

14 organization participation in the programs of each 

15 regional center, including the costs incurred by the 

16 United States for the participation of each organiza17 tion. 

18 SEC. 943. FINDINGS AND SENSE OF CONGRESS REGARDING 

19 THE WESTERN HEMISPHERE INSTITUTE FOR 

20 SECURITY COOPERATION. 

21 (a) FINDINGS.—The Congress finds the following: 

22 (1) The mission of the Western Hemisphere In23 stitute for Security Cooperation (hereafter in this sec24 tion referred to as ‘‘WHINSEC’’) is to provide profes25 sional education and training to military personnel, 


jbell on PROD1PC69 with BILLS
392 

•HR 5658 RH

1 law enforcement officials, and civilian personnel in 

2 support of the democratic principles set forth in the 

3 Charter of the Organization of American States, while 

4 fostering mutual knowledge, transparency, confidence, 

5 and cooperation among the participating nations, 

6 and promoting democratic values, respect for human 

7 rights, and knowledge and understanding of United 

8 States customs and traditions. 

9 (2) WHINSEC supports the Security Coopera10 tion Guidance of the Secretary of Defense by address11 ing the education and training needs of the United 

12 States Southern Command and United States North13 ern Command. 

14 (3) In enacting legislation establishing 

15 WHINSEC, Congress specified that the curriculum of 

16 WHINSEC may include leadership development, 

17 counterdrug operations, peacekeeping, resource man18 agement, and disaster relief planning. Congress also 

19 mandated a minimum of eight hours of instruction 

20 on human rights, due process, the rule of law, the role 

21 of the Armed Forces in a democratic society, and ci22 vilian control of the military. WHINSEC averages 

23 twelve hours of such instruction per course. 

24 (4) On March 21, 2007, Admiral Stavridis, 

25 Commander of United States Southern Command, 


jbell on PROD1PC69 with BILLS
393 

•HR 5658 RH

1 stated before the House Armed Services Committee 

2 that WHINSEC ‘‘is the military’s crown jewel for 

3 human rights training.’’. 

4 (5) WHINSEC does not select students for par5 ticipation. A partner nation nominates students to 

6 attend WHINSEC, and in accordance with the law of 

7 the United States and the policies of the Departments 

8 of Defense and State, the United States Embassy in 

9 such partner nation screens and conducts background 

10 checks on such nominees. The vetting process of 

11 WHINSEC nominees includes a background check by 

12 United States embassies in partner nations, as well 

13 as checks by the Bureau of Western Hemisphere Af14 fairs and the Bureau of Democracy, Human Rights, 

15 and Labor. Further, the Abuse Case Evaluation Sys16 tem of the Department of State, a central database 

17 that aggregates human rights abuse data into a sin18 gle, searchable location, is used as a resource for 

19 checking abuse allegations when conducting vetting 

20 requests. 

21 (6) WHINSEC operates in accordance with the 

22 ‘‘Leahy Law,’’ which was first enacted in 1997 and 

23 has since expanded to prohibit United States military 

24 assistance to foreign military units that violate 

25 human rights including security assistance programs 


jbell on PROD1PC69 with BILLS
394 

•HR 5658 RH

1 funded through foreign operations appropriations 

2 Acts and training programs made available pursuant 

3 to Department of Defense appropriations Acts. 

4 (7) Independent review, observation, and rec5 ommendation regarding operations of WHINSEC is 

6 provided by a Board of Visitors which is chaired by 

7 Bishop Robert Morlino of Wisconsin and includes 

8 four Members of Congress, two from each political 

9 party. 

10 (8) WHINSEC is open to visitors at any time. 

11 Anyone can visit, sit in classes, talk with students 

12 and faculty, and review instructional materials. 

13 (9) On May 7, 2008, the Department of Defense 

14 provided Congress requested information regarding 

15 the students, instructors, and courses at WHINSEC. 

16 (b) SENSE OF CONGRESS.—It is the sense of Congress 

17 that— 

18 (1) WHINSEC is one of the most effective mech19 anisms that the United States has to build relation20 ships with future leaders throughout the Western 

21 Hemisphere, influence the human rights records and 

22 democracy trajectory of countries in the Western 

23 Hemisphere, and mitigate the growing influence of 

24 non-hemispheric powers; 


jbell on PROD1PC69 with BILLS
395 

•HR 5658 RH

1 (2) WHINSEC is succeeding in meeting its stat2 ed mission of providing professional education and 

3 training to eligible military personnel, law enforce4 ment officials, and civilians of nations of the Western 

5 Hemisphere that support the democratic principles set 

6 forth in the Charter of the Organization of American 

7 States, while fostering mutual knowledge, trans8 parency, confidence, and cooperation among the par9 ticipating nations and promoting democratic values 

10 and respect for human rights; and 

11 (3) WHINSEC is an invaluable education and 

12 training facility which the Department of Defense 

13 should continue to utilize in order to help foster a 

14 spirit of partnership that will ensure security and en15 hance stability and interoperability among the 

16 United States military and the militaries of partici17 pating nations. 

18 SEC. 944. RESTRICTION ON OBLIGATION OF FUNDS FOR 

19 UNITED STATES SOUTHERN COMMAND DE20 VELOPMENT ASSISTANCE ACTIVITIES. 

21 (a) REPORT AND CERTIFICATION REQUIRED.—Not 

22 later than 30 days after the date of the enactment of this 

23 Act, the Secretary of Defense shall submit to the congres24 sional defense committees a report describing the develop25 ment assistance activities carried out by the United States 


jbell on PROD1PC69 with BILLS
396 

•HR 5658 RH

1 Southern Command during fiscal year 2008 and planned 

2 for fiscal year 2009 and containing a certification by the 

3 Secretary that such development assistance activities— 

4 (1) will not adversely diminish the ability of the 

5 United States Southern Command or its components 

6 to carry out its combat or military missions; 

7 (2) do not divert resources from funded or un8 funded requirements of the United States Southern 

9 Command in connection with the role of the Depart10 ment of Defense under section 124 of title 10, United 

11 States Code, as the single lead agency of the Federal 

12 Government for the detection and monitoring of aer13 ial and maritime transit of illegal drugs into the 

14 United States; 

15 (3) are not unnecessarily duplicative of activities 

16 already conducted or planned to be conducted by any 

17 other Federal department or agency during fiscal 

18 year 2009; and 

19 (4) are designed, planned, and conducted to com20 plement joint training and exercises, host-country ca21 pacity building, or similar activities directly con22 nected to the responsibilities of the United States 

23 Southern Command. 

24 (b) RESTRICTION ON OBLIGATION OF FUNDS PENDING

25 CERTIFICATION.—Of the amounts appropriated pursuant 


jbell on PROD1PC69 with BILLS
397 

•HR 5658 RH

1 to an authorization of appropriations in this Act or other2 wise made available for fiscal year 2009 for operation and 

3 maintenance for the United States Southern Command, not 

4 more than 90 percent may be obligated or expended until 

5 30 days after the certification required by subsection (a) 

6 is received by the congressional defense committees. 

7 (c) DEVELOPMENT ASSISTANCE ACTIVITIES DE8 FINED.—In this section, the term ‘‘development assistance 

9 activities’’ means assistance activities carried out by the 

10 United States Southern Command that are comparable to 

11 the assistance activities carried out by the United States 

12 under— 

13 (1) chapters 1, 10, 11, and 12 of part I of the 

14 Foreign Assistance Act of 1961 (22 U.S.C. 2151, 

15 2293, 2295, and 2296 et seq.); and 

16 (2) any other provision of law for purposes com17 parable to the purposes for which assistance activities 

18 are carried out under the provisions of law referred 

19 to in paragraph (1). 

20 SEC. 945. AUTHORIZATION OF NON-CONVENTIONAL AS21 SISTED RECOVERY CAPABILITIES. 

22 (a) NON-CONVENTIONAL ASSISTED RECOVERY CAPA23 BILITIES.—Upon a determination by a combatant com24 mander that an action is necessary in connection with a 

25 non-conventional assisted recovery effort, an amount not to 


jbell on PROD1PC69 with BILLS
398 

•HR 5658 RH

1 exceed $20,000,000 of the funds appropriated pursuant to 

2 an authorization of appropriations or otherwise made 

3 available for ‘‘Operation and Maintenance, Navy’’ may be 

4 used to establish, develop, and maintain non-conventional 

5 assisted recovery capabilities. 

6 (b) PROCEDURES.—The Secretary of Defense shall es7 tablish procedures for the exercise of the authority under 

8 subsection (a). The Secretary shall notify the congressional 

9 defense committees of those procedures before any exercise 

10 of that authority. 

11 (c) AUTHORIZED ACTIVITIES.—Non-conventional as12 sisted recovery capabilities authorized under subsection (a) 

13 may, in limited and special circumstances, include the pro14 vision of support to foreign forces, irregular forces, groups, 

15 or individuals in order to facilitate the recovery of Depart16 ment of Defense or Coast Guard military or civilian per17 sonnel, or other individuals who, while conducting activities 

18 in support of United States military operations, become 

19 separated or isolated and cannot rejoin their units without 

20 the assistance authorized in subsection (a). Such support 

21 may include the provision of limited amounts of equipment, 

22 supplies, training, transportation, or other logistical sup23 port or funding. 

24 (d) ANNUAL REPORT.—Not later than 30 days after 

25 the close of each fiscal year during which subsection (a) is 


jbell on PROD1PC69 with BILLS
399 

•HR 5658 RH

1 in effect, the Secretary of Defense shall submit to the con2 gressional defense committees a report on support provided 

3 under that subsection during that fiscal year. 

4 (e) LIMITATION ON INTELLIGENCE ACTIVITIES.—This 

5 section does not constitute authority to conduct a covert ac6 tion, as such term is defined in section 503(e) of the Na7 tional Security Act of 1947 (50 U.S.C. 413b(e)). 

8 (f) LIMITATION ON FOREIGN ASSISTANCE ACTIVI9 TIES.—This section does not constitute authority— 

10 (1) to build the capacity of foreign military 

11 forces or provide security and stabilization assistance, 

12 as described in sections 1206 and 1207 of the Na13 tional Defense Authorization Act for Fiscal Year 2006 

14 (Public Law 109–163; 119 Stat. 3456 and 3458), re15 spectively; and 

16 (2) to provide assistance that is otherwise pro17 hibited by any other provision in law, including any 

18 provision of law relating to the control of exports of 

19 defense articles or defense services. 

20 (g) PERIOD OF AUTHORITY.—The authority under this 

21 section is in effect during each of the fiscal years 2009 

22 through 2012. 


jbell on PROD1PC69 with BILLS
400 

•HR 5658 RH

1 SEC. 946. REPORT ON UNITED STATES NORTHERN COM2 MAND DEVELOPMENT OF INTERAGENCY 

3 PLANS AND COMMAND AND CONTROL RELA4 TIONSHIPS. 

5 (a) REPORT REQUIRED.—Not later than 90 days after 

6 the date of the enactment of this Act, the Secretary of De7 fense, in consultation with the Secretary of Homeland Secu8 rity and the heads of other appropriate Federal agencies, 

9 shall submit a report to Congress describing the progress 

10 made to address certain deficiencies in the United States 

11 Northern Command identified in the Comptroller General 

12 report 08–251/252. To prepare the report, the Secretary of 

13 Defense shall direct the United States Northern Command 

14 to perform the following: 

15 (1) Provide a compendium of all roles, mission 

16 requirements and resources from all 50 States. Each 

17 role and mission in the docket will be accompanied 

18 by a brief explanation of the requirement and proof 

19 of endorsement by the respective State Adjutant Gen20 erals and the Department of Homeland Security. 

21 (2) Synchronize and continually update its unit 

22 requirements with the deployment schedules of the 

23 units it depends on. The commander of the United 

24 States Northern Command shall develop plans for 

25 primary and secondary units to cover the roles and 

26 missions coordinated in paragraph (1). 


jbell on PROD1PC69 with BILLS
401 

•HR 5658 RH

1 (3) Coordinate with all source units and other 

2 commands. The report shall include copies of all these 

3 unit and command mission statements. 

4 (4) Coordinate with its interagency partners to 

5 form charters that govern the agreements among 

6 them, including qualifications for personnel with liai7 son functions between interagency partners. 

8 (b) IMPROVED COORDINATION.—The commander of the 

9 United States Northern Command shall coordinate with its 

10 Federal interagency partners to ascertain requirements for 

11 plans, training, equipment, and resources in support of— 

12 (1) homeland defense; 

13 (2) domestic emergency response; and 

14 (3) military support to civil authorities. 

15 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. 

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. 


jbell on PROD1PC69 with BILLS
402 

•HR 5658 RH

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. 

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. 


jbell on PROD1PC69 with BILLS
403 

•HR 5658 RH

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. 

14 (2) LIMITATION.—Except as provided in para15 graph (3), the total amount of authorizations that the 

16 Secretary may transfer under the authority of this 

17 section may not exceed $llll. 

18 (3) EXCEPTION FOR TRANSFERS BETWEEN MILI19 TARY PERSONNEL AUTHORIZATIONS.—A transfer of 

20 funds between military personnel authorizations 

21 under title IV shall not be counted toward the dollar 

22 limitation in paragraph (2). 

23 (b) LIMITATIONS.—The authority provided by this sec24 tion to transfer authorizations— 


jbell on PROD1PC69 with BILLS
404 

•HR 5658 RH

1 (1) may only be used to provide authority for 

2 items that have a higher priority than the items from 

3 which authority is transferred; and 

4 (2) may not be used to provide authority for an 

5 item that has been denied authorization by Congress. 

6 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans7 fer made from one account to another under the authority 

8 of this section shall be deemed to increase the amount au9 thorized for the account to which the amount is transferred 

10 by an amount equal to the amount transferred. 

11 (d) NOTICE TO CONGRESS.—The Secretary shall 

12 promptly notify Congress of each transfer made under sub13 section (a). 

14 SEC. 1002. REQUIREMENT FOR SEPARATE DISPLAY OF 

15 BUDGET FOR AFGHANISTAN. 

16 For any annual or supplemental budget request sub17 mission for the Department of Defense, beginning with fis18 cal year 2010, the Secretary of Defense shall set forth sepa19 rately any funding requested for any United States oper20 ations or other activities concerning Afghanistan. The sub21 mission shall clearly display the amounts requested for such 

22 operations or activities at the appropriation account level 

23 and at the program, project, or activity level. The submis24 sion by the Secretary shall also include a separate detailed 


jbell on PROD1PC69 with BILLS
405 

•HR 5658 RH

1 description of the assumptions underlying the funding re2 quest. 

3 SEC. 1003. REQUIREMENT FOR SEPARATE DISPLAY OF 

4 BUDGET FOR IRAQ. 

5 For any annual or supplemental budget request sub6 mission for the Department of Defense, beginning with fis7 cal year 2010, the Secretary of Defense shall set forth sepa8 rately any funding requested for any United States oper9 ations or other activities concerning Iraq. The submission 

10 shall clearly display the amounts requested for such oper11 ations or activities at the appropriation account level and 

12 at the program, project, or activity level. The submission 

13 by the Secretary shall also include a separate detailed de14 scription of the assumptions underlying the funding re15 quest. 

16 SEC. 1004. ONE-TIME SHIFT OF MILITARY RETIREMENT PAY17 MENTS. 

18 (a) REDUCTION OF PAYMENTS.—Notwithstanding any 

19 other provision of law, any amounts that would otherwise 

20 be payable from the fund to individuals for the month of 

21 August 2013 (with disbursements scheduled for September 

22 2013) shall be reduced by 1 percent. 

23 (b) REVERSION.—Beginning on September 1, 2013 

24 (with disbursements beginning in October 2013), amounts 

25 payable to individuals from the fund shall revert back to 


jbell on PROD1PC69 with BILLS
406 

•HR 5658 RH

1 amounts as specified in law as if the reduction in subsection 

2 (a) did not take place. 

3 (c) REFUND.—Any individual who has a payment re4 duced under subsection (a) shall receive a one-time pay5 ment, from the fund, in an amount equal to the amount 

6 of such reduction. This one-time payment shall be included 

7 with disbursements from the fund scheduled for October 

8 2013. 

9 (d) FUND.—In this section, the term ‘‘fund’’ refers to 

10 the Department of Defense Military Retirement Fund estab11 lished by section 1461 of title 10, United States Code. 

12 (e) TRANSFER.—Not later than 60 days after the date 

13 of the enactment of this Act, the Secretary of Defense shall 

14 transfer $40,000,000 from the unobligated balances of the 

15 National Defense Stockpile Transaction Fund to the Mis16 cellaneous Receipts Fund of the United States Treasury to 

17 offset estimated costs arising from section 702 and the 

18 amendments made by such section. 

19 Subtitle B—Policy Relating to 

20 Vessels and Shipyards 

21 SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, 

22 TEXAS. 

23 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

24 Navy is authorized to convey the floating drydock AFDL– 

25 23, located in Aransas Pass, Texas, to Gulf Copper Ship 


jbell on PROD1PC69 with BILLS
407 

•HR 5658 RH

1 Repair, that company being the current lessee of the dry2 dock. 

3 (b) CONDITION OF CONVEYANCE.—The Secretary shall 

4 require as a condition of the conveyance under subsection 

5 (a) that the drydock remain at the facilities of Gulf Copper 

6 Ship Repair, at Aransas Pass, Texas, until at least Sep7 tember 30, 2010. 

8 (c) CONSIDERATION.—As consideration for the convey9 ance of the drydock under subsection (a), the purchaser shall 

10 provide compensation to the United States the value of 

11 which, as determined by the Secretary, is equal to the fair 

12 market value of the drydock, as determined by the Sec13 retary. The Secretary shall take into account amounts paid 

14 by, or due and owing from, the lessee. 

15 (d) TRANSFER AT NO COST TO UNITED STATES.—The 

16 provisions of section 7306(c) of title 10, United States Code, 

17 shall apply to the conveyance under this section. 

18 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions 

20 in connection with the conveyance under subsection (a) as 

21 the Secretary considers appropriate to protect the interests 

22 of the United States. 


jbell on PROD1PC69 with BILLS
408 

•HR 5658 RH

1 SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOR2 EIGN SHIPYARDS. 

3 Section 7310 of title 10, United States Code, is amend4 ed by adding at the end the following new subsection: 

5 ‘‘(c) REPORT.—The Secretary of the Navy shall submit 

6 to the Committees on Armed Services of the Senate and the 

7 House of Representatives a report any time it is determined 

8 that a naval vessel (or any other vessel under the jurisdic9 tion of the Secretary) is to undergo work for the repair of 

10 the vessel in a shipyard outside the United States or Guam. 

11 The report shall be submitted at least 30 days before the 

12 repair work begins and shall contain the following: 

13 ‘‘(1) The justification under law for the repair 

14 in a foreign shipyard. 

15 ‘‘(2) The vessel to be repaired. 

16 ‘‘(3) The shipyard where the repair work will be 

17 carried out. 

18 ‘‘(4) The cost of the repair. 

19 ‘‘(5) The schedule for repair. 

20 ‘‘(6) The homeport or location of the vessel prior 

21 to its voyage for repair.’’. 


jbell on PROD1PC69 with BILLS
409 

•HR 5658 RH

1 SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VES2 SELS OF THE STRIKE FORCES OF THE UNITED 

3 STATES NAVY. 

4 Section 1012(c)(1) of the National Defense Authoriza5 tion Act for Fiscal Year 2008 (Public Law 110–181) is 

6 amended by adding at the end the following: 

7 ‘‘(D) Amphibious assault ships, including 

8 dock landing ships (LSD), amphibious trans9 port–dock ships (LPD), helicopter assault ships 

10 (LHA/LHD), and amphibious command ships 

11 (LCC), if such vessels exceed 15,000 dead weight 

12 ton light ship displacement.’’. 

13 SEC. 1014. NATIONAL DEFENSE SEALIFT FUND AMEND14 MENTS. 

15 Section 2218 of title 10, United States Code, is amend16 ed— 

17 (1) by striking subsection (j) and redesignating 

18 subsections (k) and (l) as subsections (j) and (k), re19 spectively; and 

20 (2) in paragraph (2) of subsection (k) (as so re21 designated), by striking subparagraphs (B) thru (I) 

22 and inserting the following new subparagraph (B): 

23 ‘‘(B) Any other auxiliary vessel that was 

24 procured or chartered with specific authorization 

25 in law for the vessel, or class of vessels, to be 

26 funded in the National Defense Sealift Fund.’’. 


jbell on PROD1PC69 with BILLS
410 

•HR 5658 RH

1 SEC. 1015. REPORT ON CONTRIBUTIONS TO THE DOMESTIC 

2 SUPPLY OF STEEL AND OTHER METALS FROM 

3 SCRAPPING OF CERTAIN VESSELS. 

4 Not later than 30 days after the date of the enactment 

5 of this Act, the Secretary of the Navy shall submit to the 

6 congressional defense committees a report containing— 

7 (1) the estimated contribution to the domestic 

8 market for steel and other metals from the scrapping 

9 of each vessel over 50,000 tons displacement stricken 

10 from the Naval Vessel Register but not yet disposed of 

11 by the Navy; and 

12 (2) a plan for the sale and disposal of such ves13 sels. 

14 Subtitle C—Counter-Drug Activities 

15 SEC. 1021. CONTINUATION OF REPORTING REQUIREMENT 

16 REGARDING DEPARTMENT OF DEFENSE EX17 PENDITURES TO SUPPORT FOREIGN 

18 COUNTER-DRUG ACTIVITIES. 

19 Section 1022(a) of the Floyd D. Spence National De20 fense Authorization Act for Fiscal Year 2001 (as enacted 

21 into law by Public Law 106–398; 114 Stat. 1654A–255), 

22 as most recently amended by section 1024 of the National 

23 Defense Authorization Act for Fiscal Year 2007 (Public 

24 Law 109–364; 120 Stat. 2383), is further amended by strik25 ing ‘‘and February 15, 2008’’ and inserting ‘‘February 15, 

26 2008, and February 15, 2009’’. 


jbell on PROD1PC69 with BILLS
411 

•HR 5658 RH

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 Authorization 

6 Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 

7 371 note), as amended by section 1021 of the National De8 fense Authorization Act for Fiscal Year 2008 (Public Law 

9 110–181; 122 Stat. 304), is amended by striking ‘‘2008’’ 

10 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 of 

20 the John Warner National Defense Authorization Act for 

21 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2382), 

22 is further amended— 

23 (1) in subsection (a), by striking ‘‘2008’’ and in24 serting ‘‘2009’’; and 

25 (2) in subsection (c), by striking ‘‘2008’’ and in26 serting ‘‘2009’’. 


jbell on PROD1PC69 with BILLS
412 

•HR 5658 RH

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) of 

6 section 1033 of the National Defense Authorization Act for 

7 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as 

8 amended by section 1021 of the National Defense Authoriza9 tion Act for Fiscal Year 2004 (Public Law 108–136, 117 

10 Stat. 1593), section 1022 of the John Warner National De11 fense Authorization Act for Fiscal Year 2007 (Public Law 

12 109–364; 120 Stat. 2137), and section 1022 of the National 

13 Defense Authorization Act for Fiscal Year 2008 (Public 

14 Law 110–181; 122 Stat. 304), is further amended by strik15 ing ‘‘2008’’ and inserting ‘‘2009’’. 

16 (b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RECEIVE

17 SUPPORT.—Subsection (b) of such section is amended by 

18 adding at the end the following new paragraphs: 

19 ‘‘(19) The Government of Guinea–Bissau. 

20 ‘‘(20) The Government of Senegal. 

21 ‘‘(21) The Government of Ghana.’’. 

22 (c) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub23 section (e)(2) of such section is amended— 

24 (1) by striking ‘‘or’’ after ‘‘2006,’’; and 

25 (2) by striking the period at the end and insert26 ing ‘‘, or $65,000,000 during fiscal year 2009.’’. 


jbell on PROD1PC69 with BILLS
413 

•HR 5658 RH

1 (d) CONDITION ON PROVISION OF SUPPORT.—Sub2 section (f) of such section is amended— 

3 (1) in paragraph (2), by inserting after ‘‘In the 

4 case of’’ the following: ‘‘funds appropriated for fiscal 

5 year 2009 to carry out this section and’’; and 

6 (2) in paragraph (4)(B), by striking ‘‘Committee 

7 on International Relations’’ and inserting ‘‘Com8 mittee on Foreign Affairs’’. 

9 (e) COUNTER-DRUG PLAN.—Subsection (h) of such sec10 tion is amended— 

11 (1) in the matter preceding paragraph (1), by 

12 striking ‘‘fiscal year 2004’’ and inserting ‘‘fiscal year 

13 2009’’; and 

14 (2) in subparagraph (7), by striking ‘‘For the 

15 first fiscal year’’ and inserting ‘‘For fiscal year 2009, 

16 and thereafter, for the first fiscal year’’. 

17 SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE 

18 STRATEGY FOR COUNTER-NARCOTICS EF19 FORTS FOR WEST AFRICA AND THE 

20 MAGHREB. 

21 (a) REPORT REQUIRED.—Not later than March 1, 

22 2009, the Secretary of Defense shall submit to the congres23 sional defense committees a comprehensive strategy of the 

24 Department of the Defense with regard to counter-narcotics 

25 efforts in Africa, with an emphasis on West Africa and the 


jbell on PROD1PC69 with BILLS
414 

•HR 5658 RH

1 Maghreb. The Secretary of Defense shall prepare the strat2 egy in consultation with the Secretary of State. 

3 (b) MATTERS TO BE INCLUDED.—The comprehensive 

4 strategy shall consist of a general overview and a separate 

5 detailed section for each of the following: 

6 (1) The roles and missions of the Department of 

7 Defense in support of the overall United States 

8 counter-narcotics policy for Africa. 

9 (2) The priorities for the Department of Defense 

10 to meet programmatic objectives one-year, three-years, 

11 and five-years after the end of fiscal year 2009, in12 cluding a description of the expected allocation of re13 sources of the Department of Defense to accomplish 

14 these priorities. 

15 (3) The efforts to coordinate the counter-narcotics 

16 activities of the Department of Defense with the 

17 counter-narcotics activities of the governments eligible 

18 to receive support under section 1033 of the National 

19 Defense Authorization Act for Fiscal Year 1998 (Pub20 lic Law 105–85; 111 Stat. 1881) and the counter-nar21 cotics activities in Africa of European countries and 

22 other international and regional partners. 

23 (c) PLANS.—The comprehensive strategy shall also in24 clude the following plans: 


jbell on PROD1PC69 with BILLS
415 

•HR 5658 RH

1 (1) A detailed and comprehensive plan to utilize 

2 the capabilities and assets of Joint Inter-Agency Task 

3 Force-South of the United States Southern Command 

4 for the counter-narcotics efforts and activities of the 

5 United States Africa Command on a temporary basis 

6 until the United States Africa Command develops its 

7 own commensurate capabilities and assets, including 

8 in the plan a description of what measures will be 

9 taken to effectuate the transition of the missions, 

10 which are accomplished using such capabilities and 

11 assets, from Joint Inter-Agency Task Force-South to 

12 United States Africa Command. 

13 (2) A detailed and comprehensive plan to en14 hance cooperation with certain African countries, 

15 which are often geographically contiguous to other Af16 rican countries that have a significant narcotics-traf17 ficking challenges, to increase the effectiveness of the 

18 counter-narcotics activities of the Department of De19 fense and its international and regional partners. 

20 SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE 

21 STRATEGY FOR COUNTER-NARCOTICS EF22 FORTS IN SOUTH AND CENTRAL ASIAN RE23 GIONS. 

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

25 2009, the Secretary of Defense shall submit to the congresVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
416 

•HR 5658 RH

1 sional defense committees a comprehensive strategy of the 

2 Department of the Defense with regard to counter-narcotics 

3 efforts in the South and Central Asian regions, including 

4 the countries of Afghanistan, Turkmenistan, Tajikistan, 

5 Kyrgyzstan, Kazakhstan, Pakistan, and India, as well as 

6 the countries of Armenia, Azerbaijan, and China. 

7 (b) MATTERS TO BE INCLUDED.—The comprehensive 

8 strategy shall consist of a general overview and a separate 

9 detailed section for each of the following: 

10 (1) The roles and missions of the Department of 

11 Defense in support of the overall United States 

12 counter-narcotics policy for countries of the South 

13 and Central Asian regions and the other countries 

14 specified in subsection (a). 

15 (2) The priorities for the Department of Defense 

16 to meet programmatic objectives for fiscal year 2010, 

17 including a description of the expected allocation of 

18 resources of the Department of Defense to accomplish 

19 these priorities. 

20 (3) The ongoing and planned counter-narcotics 

21 activities funded by the Department of Defense for 

22 such regions and countries, including a description of 

23 the accompanying allocation of resources of the De24 partment of Defense to carry out these activities. 


jbell on PROD1PC69 with BILLS
417 

•HR 5658 RH

1 (4) The efforts to coordinate the counter-narcotics 

2 activities of the Department of Defense with the 

3 counter-narcotics activities of such regions and coun4 tries and the counter-narcotics activities of other 

5 international partners in such regions and countries. 

6 (5) The specific metrics used by the Department 

7 of Defense to evaluate progress of activities to reduce 

8 the production and trafficking of illicit narcotics in 

9 such regions and countries. 

10 Subtitle D—Boards and 

11 Commissions 

12 SEC. 1031. STRATEGIC COMMUNICATION MANAGEMENT 

13 BOARD. 

14 (a) IN GENERAL.—The Secretary of Defense shall es15 tablish a Strategic Communication Management Board (in 

16 this section referred to as the ‘‘Board’’) to provide advice 

17 to the Secretary on strategic direction and to help establish 

18 priorities for strategic communication activities. 

19 (b) COMPOSITION.— 

20 (1) IN GENERAL.—The Board shall be composed 

21 of members selected in accordance with this sub22 section. 

23 (2) MEMBERS.—The Secretary of Defense shall 

24 appoint members within 30 days after the date of the 

25 enactment of this Act, selected from among organizaVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
418 

•HR 5658 RH

1 tions within the Department of Defense responsible 

2 for strategic communication, public diplomacy, and 

3 public affairs, including the following: 

4 (A) Civil affairs, strategic communication, 

5 or public affairs offices of the military depart6 ments. 

7 (B) The Joint Staff. 

8 (C) The combatant commands. 

9 (D) The Office of the Secretary of Defense. 

10 (3) ADVISORY MEMBERS.—The Board shall ap11 point advisory members of the Board after the mem12 bers have been selected under paragraph (2), upon pe13 tition from entities seeking advisory membership. Ad14 visory members shall be selected from the broader 

15 interagency community, and may include representa16 tives from the following; 

17 (A) The Department of State. 

18 (B) The Department of Justice. 

19 (C) The Department of Commerce. 

20 (D) The United States Agency for Inter21 national Development. 

22 (E) The Office of the Director of National 

23 Intelligence. 

24 (F) The National Security Council. 

25 (G) The Broadcasting Board of Governors. 


jbell on PROD1PC69 with BILLS
419 

•HR 5658 RH

1 (4) LEADERSHIP.—The Under Secretary of De2 fense for Policy (or his designee) shall chair the 

3 Board. 

4 (c) DUTIES.—The duties of the Board are as follows: 

5 (1) Provide strategic direction for efforts of the 

6 Department of Defense related to strategic commu7 nication and military support to public diplomacy. 

8 (2) Establish Department of Defense priorities in 

9 these areas. 

10 (3) Evaluate and select proposals for efforts that 

11 support the Department of Defense strategic commu12 nication mission. 

13 (4) Such other duties as the Secretary may as14 sign. 

15 SEC. 1032. EXTENSION OF CERTAIN DATES FOR CONGRES16 SIONAL COMMISSION ON THE STRATEGIC 

17 POSTURE OF THE UNITED STATES. 

18 (a) EXTENSION OF DATES.—Section 1062 of the Na19 tional Defense Authorization Act for Fiscal Year 2008 (Pub20 lic Law 110–181) is amended— 

21 (1) in subsection (e) by striking ‘‘December 1, 

22 2008’’ and inserting ‘‘March 1, 2009’’; and 

23 (2) in subsection (g) by striking ‘‘June 1, 2009’’ 

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


jbell on PROD1PC69 with BILLS
420 

•HR 5658 RH

1 (b) INTERIM REPORT.—Not later than December 1, 

2 2008, the Congressional Commission on the Strategic Pos3 ture of the United States shall submit to the President, the 

4 Secretary of Defense, the Secretary of Energy, the Secretary 

5 of State, the Committee on Armed Services of the Senate, 

6 and the Committee on Armed Services of the House of Rep7 resentatives an interim report on the commission’s initial 

8 findings, conclusions, and recommendations. To the extent 

9 practicable, the interim report shall address the matters re10 quired to be included in the report under subsection (e) of 

11 such section 1062. 

12 SEC. 1033. EXTENSION OF COMMISSION TO ASSESS THE 

13 THREAT TO THE UNITED STATES FROM ELEC14 TROMAGNETIC PULSE (EMP) ATTACK. 

15 (a) EXTENSION.—Section 1409 of the Floyd D. Spence 

16 National Defense Authorization Act for Fiscal Year 2001 

17 (as enacted into law by Public Law 106–398; 114 Stat. 

18 1654A–348; 50 U.S.C. 2301 note), as amended by section 

19 1052(j) of the National Defense Authorization Act for Fiscal 

20 Year 2006 (Public Law 109–163; 119 Stat. 3435), is 

21 amended by striking ‘‘The Commission shall terminate’’ 

22 and all that follows through the period at the end and in23 serting ‘‘The Commission shall terminate March 31, 2012.’’. 

24 (b) ANNUAL REPORTS.—Section 1403 of that Act (114 

25 Stat. 1654A–346; 50 U.S.C. 2301 note), as amended by secVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00420 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
421 

•HR 5658 RH

1 tion 1052(f) of the National Defense Authorization Act for 

2 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3434), 

3 is amended by adding at the end the following: 

4 ‘‘(c) ANNUAL REPORTS.—The Commission shall, not 

5 later than March 1 of each of years 2010, 2011, and 2012, 

6 submit to Congress a report— 

7 ‘‘(1) assessing the changes to the vulnerability of 

8 United States military systems and critical civilian 

9 infrastructures resulting from the EMP threat and 

10 changes in the threat; 

11 ‘‘(2) describing the progress, or lack of progress, 

12 in protecting United States military systems and 

13 critical civilian infrastructures from EMP attack; 

14 and 

15 ‘‘(3) containing recommendations to address the 

16 threat and protect United States military systems 

17 and critical civilian infrastructures from attack.’’. 

18 (c) FUNDING.—Section 1408 of that Act (114 Stat. 

19 1654A–348; 50 U.S.C. 2301 note), as amended by section 

20 1052(i) of the National Defense Authorization Act for Fiscal 

21 Year 2006 (Public Law 109–163; 119 Stat. 3435), is 

22 amended by adding at the end the following: ‘‘Such funds 

23 shall not exceed $3,000,000 per fiscal year.’’. 

24 (d) ADDITIONAL MEMBERS.—Effective as of the date 

25 that is 90 days after the date of the enactment of this Act— 


jbell on PROD1PC69 with BILLS
422 

•HR 5658 RH

1 (1) section 1401 of that Act (114 Stat. 1654A– 

2 346; 50 U.S.C. 2301 note), as amended by section 

3 1052(d) of the National Defense Authorization Act for 

4 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

5 3434), is amended by striking subsections (c) and (d) 

6 and inserting the following: 

7 ‘‘(c) COMPOSITION.— 

8 ‘‘(1) IN GENERAL.—The Commission shall be 

9 composed of eleven members. 

10 ‘‘(2) DOD AND FEMA MEMBERS.—Seven of the 

11 members shall be appointed by the Secretary of De12 fense, and two of the members shall be appointed by 

13 the Director of the Federal Emergency Management 

14 Agency. In the event of a vacancy in the membership 

15 of the Commission under this paragraph, the Sec16 retary of Defense shall appoint a new member. In se17 lecting individuals for appointment to the Commis18 sion, the Secretary of Defense shall consult with the 

19 chairmen and ranking minority members of the Com20 mittees on Armed Services of the Senate and House 

21 of Representatives. 

22 ‘‘(3) FCC AND HHS MEMBERS.—One of the mem23 bers shall be appointed by the Chairman of the Fed24 eral Communications Commission, and one of the 

25 members shall be appointed by the Secretary of 


jbell on PROD1PC69 with BILLS
423 

•HR 5658 RH

1 Health and Human Services. In the event of a va2 cancy in the membership of the Commission under 

3 this paragraph, the vacancy shall be filled in the 

4 same manner as the original appointment under this 

5 paragraph. In selecting an individual for appoint6 ment to the Commission, the Chairman of the Federal 

7 Communications Commission shall consult with the 

8 chairmen and ranking minority members of the Com9 mittee on Commerce, Science, and Transportation of 

10 the Senate and the Committee on Energy and Com11 merce of the House of Representatives. In selecting an 

12 individual for appointment to the Commission, the 

13 Secretary of Health and Human Services shall con14 sult with the chairmen and ranking minority mem15 bers of the Committee on Health, Education, Labor, 

16 and Pensions of the Senate and the Committee on 

17 Energy and Commerce of the House of Representa18 tives. 

19 ‘‘(d) QUALIFICATIONS.—Members of the Commission 

20 appointed by the Secretary of Defense and the Director of 

21 the Federal Emergency Management Agency shall be ap22 pointed from among private United States citizens with 

23 knowledge and expertise in the scientific, technical, and 

24 military aspects of electromagnetic pulse effects referred to 

25 in subsection (b). The member of the Commission appointed 


jbell on PROD1PC69 with BILLS
424 

•HR 5658 RH

1 by the Chairman of the Federal Communications Commis2 sion shall be appointed from among private United States 

3 citizens with knowledge and expertise in telecommuni4 cations, network infrastructure and management, informa5 tion services, and emergency preparedness communications. 

6 The member of the Commission appointed by the Secretary 

7 of Health and Human Services shall be appointed from 

8 among private United States citizens with knowledge and 

9 expertise in public health, including preparedness for, and 

10 response to, public health emergencies.’’; and 

11 (2) section 1405 of that Act (114 Stat. 1654A– 

12 347; 50 U.S.C. 2301 note) is amended in subsection 

13 (b)(1) by striking ‘‘Five’’ and inserting ‘‘Six’’. 

14 Subtitle E—Studies and Reports 

15 SEC. 1041. REPORT ON CORROSION CONTROL AND PREVEN16 TION. 

17 (a) REPORT REQUIRED.—The Secretary of Defense, 

18 acting through the Director of Corrosion Policy and Over19 sight, shall prepare and submit to the Committees on Armed 

20 Services of the Senate and the House of Representatives a 

21 report on corrosion control and prevention in weapons sys22 tems and equipment. 

23 (b) MATTERS COVERED.—The report shall include the 

24 comments and recommendations of the Department of De25 fense regarding potential improvements in corrosion control 


jbell on PROD1PC69 with BILLS
425 

•HR 5658 RH

1 and prevention through earlier planning. In particular, the 

2 report shall include an evaluation and business case anal3 ysis of options for improving corrosion control and preven4 tion in the requirements and acquisition processes of the 

5 Department of Defense for weapons systems and equipment. 

6 The evaluation shall include an analysis of the impact of 

7 such potential improvements on system acquisition costs 

8 and life cycle sustainment. The options for improved corro9 sion control and prevention shall include corrosion control 

10 and prevention— 

11 (1) as a key performance parameter for assessing 

12 the selection of materials and processes; 

13 (2) as a key performance parameter for 

14 sustainment; 

15 (3) as part of the capability development docu16 ment in the joint capabilities integration and devel17 opment system; and 

18 (4) as a requirement for weapons systems man19 agers to assess their corrosion control and prevention 

20 requirements over a system’s life cycle and incor21 porate the results into their acquisition strategies 

22 prior to issuing a solicitation for contracts. 

23 (c) DEADLINE.—The report shall be submitted not 

24 later than February 1, 2009. 


jbell on PROD1PC69 with BILLS
426 

•HR 5658 RH

1 (d) REVIEW BY COMPTROLLER GENERAL.—The Comp2 troller General shall review the report required under sub3 section (a), including the methodology used in the Depart4 ment’s analysis, and shall provide the results of the review 

5 to the Committees on Armed Services of the Senate and the 

6 House of Representatives not later than 60 days after the 

7 Department submits the report. 

8 SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE 

9 FIGHTING SYSTEMS (MAFFS) IN A FEDERAL 

10 RESPONSE TO WILDFIRES. 

11 (a) IN GENERAL.—The Secretary of Defense shall 

12 carry out a study to determine— 

13 (1) how to utilize the Department’s Modular Air14 borne Fire Fighting Systems (MAFFS) in all contin15 gencies where there is a Federal response to wildfires; 

16 and 

17 (2) how to decrease the costs of using the Depart18 ment’s MAFFS when supporting National Inter19 agency Fire Center (NIFC) fire fighting operations. 

20 (b) REPORT.—Not later than 6 months after the date 

21 of the enactment of this Act, the Secretary shall submit to 

22 the congressional defense committees a report on the results 

23 of the study. 


jbell on PROD1PC69 with BILLS
427 

•HR 5658 RH

1 SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY. 

2 (a) STUDY REQUIRED.—The Secretary of Defense and 

3 the Chairman of the Joint Chiefs of Staff shall carry out 

4 a study on Department of Defense rotorcraft survivability. 

5 The study shall— 

6 (1) with respect to actual losses of rotorcraft in 

7 combat— 

8 (A) identify the rates of such losses from 

9 1965 through 2008, measured in total annual 

10 losses by type of aircraft and by cause, with 

11 rates for loss per flight hour and loss per sortie 

12 provided; 

13 (B) identify by category of hostile action 

14 (such as small arms, Man-Portable Air Defense 

15 Systems, and so on), the causal factors for the 

16 losses; and 

17 (C) propose candidate solutions for surviv18 ability (such as training, tactics, speed, counter19 measures, maneuverability, lethality, technology, 

20 and so on), in a prioritized list with expla21 nations, to mitigate each such causal factor, 

22 along with recommended funding adequate to 

23 achieve rates at least equal to the experience in 

24 the Vietnam conflict; 

25 (2) with respect to actual losses of rotorcraft in 

26 combat theater not related to hostile action— 


jbell on PROD1PC69 with BILLS
428 

•HR 5658 RH

1 (A) identify the causal factors of loss in a 

2 ranked list; and 

3 (B) propose candidate solutions for surviv4 ability (such as training, tactics, speed, counter5 measures, maneuverability, lethality, technology, 

6 and so on), in a prioritized list, to mitigate each 

7 such causal factor, along with recommended 

8 funding adequate to achieve the Secretary’s Mis9 hap Reduction Initiative goal of not more than 

10 0.5 mishaps per 100,000 flight hours; 

11 (3) with respect to losses of rotorcraft in training 

12 or other non-combat operations during peacetime or 

13 interwar years— 

14 (A) identify by category (such as inad15 vertent instrument meteorological conditions, 

16 wire strike, and so on) the causal factors of loss 

17 in a ranked list; and 

18 (B) identify candidate solutions for surviv19 ability and performance (such as candidate solu20 tions referred to in paragraph (2)(B) as well as 

21 maintenance, logistics, systems development, and 

22 so on) in a prioritized list, to mitigate each such 

23 causal factor, along with recommended funding 

24 adequate to achieve the goal of rotorcraft loss 

25 rates to non-combat causes being reduced to 1.0; 


jbell on PROD1PC69 with BILLS
429 

•HR 5658 RH

1 (4) identify the key technical factors (causes of 

2 mishaps that are not related to human factors) nega3 tively impacting the rotorcraft mishap rates and sur4 vivability trends, to include reliability, availability, 

5 maintainability, and other logistical considerations; 

6 and 

7 (5) identify what TACAIR is and has done dif8 ferently to have such a decrease in losses per sortie 

9 when compared to rotorcraft, to include— 

10 (A) examination of aircraft, aircraft main11 tenance, logistics, operations, and pilot and oper12 ator training; 

13 (B) an emphasis on the development of com14 mon service requirements that TACAIR has im15 plemented already which are minimizing losses 

16 within TACAIR; and 

17 (C) candidate solutions, in a prioritized 

18 list, to mitigate each causal factor with rec19 ommended funding adequate to achieve the goal 

20 of rotorcraft loss rates stated above. 

21 (b) REPORT.—Not later than August 1, 2009, the Sec22 retary and the Chairman shall submit to the congressional 

23 defense committees a report on the results of the study. 


jbell on PROD1PC69 with BILLS
430 

•HR 5658 RH

1 SEC. 1044. STUDIES TO ANALYZE ALTERNATIVE MODELS 

2 FOR ACQUISITION AND FUNDING OF INTER3 CONNECTED CYBERSPACE SYSTEMS. 

4 (a) STUDIES REQUIRED.— 

5 (1) FFRDC.—Not later than 90 days after the 

6 date of the enactment of this Act, the Secretary of De7 fense shall enter into a contract with an independent 

8 federally funded research and development center 

9 (FFRDC) to carry out a comprehensive study of poli10 cies, procedures, organization, and regulatory con11 straints affecting the acquisition of technologies sup12 porting network-centric operations. The contract shall 

13 be funded from amounts appropriated or otherwise 

14 made available to the Secretary for fiscal year 2009 

15 for operation and maintenance, Defense-wide. 

16 (2) JOINT CHIEFS OF STAFF.—Concurrently, the 

17 Chairman of the Joint Chiefs of Staff shall carry out 

18 a comprehensive study of the same subjects covered by 

19 paragraph (1). The study shall be independent of the 

20 study required by paragraph (1) and shall be carried 

21 out in conjunction with the military departments and 

22 in coordination with the Secretary of Defense. 

23 (b) MATTERS TO BE ADDRESSED.—Each study re24 quired by subsection (a) shall address the following matters: 

25 (1) Development of a taxonomy for under26 standing the different yet key foundational compoVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00430 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
431 

•HR 5658 RH

1 nents that contribute to network-centric operations, 

2 such as data transport, processing, storage, data col3 lection, and dissemination. 

4 (2) Mapping ongoing acquisition programs to 

5 this taxonomy. 

6 (3) Development of alternative acquisition and 

7 funding models utilizing this network-centric tax8 onomy, which might include— 

9 (A) a model under which a joint entity 

10 independent of any military service (such as the 

11 Joint Staff) is established with responsibility 

12 and control of all funding for the acquisition of 

13 technologies for network-centric operations, and 

14 with authority to oversee the incorporation of 

15 such technologies into the acquisition programs 

16 of the military departments; 

17 (B) a model under which an executive agent 

18 is established that would manage and oversee the 

19 acquisition of technologies for network-centric 

20 operations, but would not have exclusive owner21 ship or control of funding for such programs; 

22 (C) a model under which the current ap23 proach to the acquisition and funding of tech24 nologies supporting network-centric operations is 

25 maintained; and 


jbell on PROD1PC69 with BILLS
432 

•HR 5658 RH

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 models 

5 under paragraph (3) with respect to potential gains 

6 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 mod15 els under paragraph (3) with respect to feasibility, 

16 including identification of legal, policy, or regulatory 

17 barriers that would impede implementation. 

18 (c) REPORT REQUIRED.—Not later than September 

19 30, 2009, the Secretary of Defense shall submit to the con20 gressional defense committees a report on the results of the 

21 studies required by subsection (a). The report shall include 

22 the findings and recommendations of the studies and any 

23 observations and comments that the Secretary considers ap24 propriate. 


jbell on PROD1PC69 with BILLS
433 

•HR 5658 RH

1 (d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 

2 this section, the term ‘‘network-centric operations’’ refers to 

3 the ability to exploit all human and technical elements of 

4 the Joint Force and mission partners through the full inte5 gration of collected information, awareness, knowledge, ex6 perience, and decision-making, enabled by secure access and 

7 distribution, all to achieve agility and effectiveness in a dis8 persed, decentralized, dynamic, or uncertain operational 

9 environment. 

10 SEC. 1045. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS. 

11 (a) FINDINGS.—Congress finds that— 

12 (1) numerous nonstrategic nuclear weapons are 

13 held in the arsenals of various countries around the 

14 world and that their prevalence and portability make 

15 them attractive targets for theft and for use by ter16 rorist organizations; 

17 (2) the United States should identify, track, and 

18 monitor these weapons as a matter of national secu19 rity; 

20 (3) the United States should reevaluate the roles 

21 and missions of nonstrategic nuclear weapons within 

22 the United States nuclear posture; 

23 (4) the United States should assess the security 

24 risks associated with existing stockpiles of nonstra25 tegic nuclear weapons and should assess the risks of 


jbell on PROD1PC69 with BILLS
434 

•HR 5658 RH

1 nonstrategic nuclear weapons being developed, ac2 quired, or utilized by other countries, particularly 

3 rogue states, and by terrorists and other non-state ac4 tors; and 

5 (5) the United States should work cooperatively 

6 with other countries to improve the security of non7 strategic nuclear weapons and to promote multilat8 eral reductions in the numbers of nonstrategic nuclear 

9 weapons. 

10 (b) REVIEW.—The Secretary of Defense, in consulta11 tion with the Secretary of State, the Secretary of Energy, 

12 and the Director of National Intelligence, shall conduct a 

13 review of nonstrategic nuclear weapons world-wide that in14 cludes— 

15 (1) an inventory of the nonstrategic nuclear ar16 senals of the United States and each of the other 

17 countries that possess, or is believed to possess, non18 strategic nuclear weapons, which indicates, as accu19 rately as possible, the nonstrategic nuclear weapons 

20 that are known, or are believed, to exist according to 

21 nationality, type, yield, and form of delivery, and an 

22 assessment of the methods that are currently employed 

23 to identify, track, and monitor nonstrategic nuclear 

24 weapons and their component materials; 


jbell on PROD1PC69 with BILLS
435 

•HR 5658 RH

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 believed 

4 to possess, nonstrategic nuclear weapons, and an eval5 uation of nonstrategic nuclear weapons as deterrents 

6 against the use of nuclear weapons and other weapons 

7 of mass destruction by state or non-state actors; 

8 (3) an assessment of the risks associated with the 

9 deployment, transfer, and storage of nonstrategic nu10 clear weapons by the United States and each of the 

11 other countries that possess, or is believed to possess, 

12 nonstrategic nuclear weapons and the risks of non13 strategic nuclear weapons being employed by rogue 

14 states, terrorists, and other state or non-state actors; 

15 and 

16 (4) recommendations for— 

17 (A) mechanisms and procedures to improve 

18 security safeguards for the nonstrategic nuclear 

19 weapons of the United States and of each of the 

20 other countries that possess, or is believed to pos21 sess, nonstrategic nuclear weapons; 

22 (B) mechanisms and procedures for imple23 menting transparent multilateral reductions in 

24 nonstrategic nuclear weapons arsenals; and 


jbell on PROD1PC69 with BILLS
436 

•HR 5658 RH

1 (C) methods for consolidating, dismantling, 

2 and disposing of the nonstrategic nuclear weap3 ons of the United States and of each of the other 

4 countries that possess, or is believed to possess, 

5 nonstrategic nuclear weapons, including methods 

6 of monitoring and verifying consolidation, dis7 mantlement, 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 report 

12 on the findings and recommendations of the review 

13 required under subsection (b). 

14 (2) CLASSIFICATION OF REPORT.—The report re15 quired under paragraph (1) shall be submitted in un16 classified form, but it may be accompanied by a clas17 sified annex. 

18 (d) DEFINITION.—For purposes of this section, the 

19 term ‘‘nonstrategic nuclear weapon’’ means a nuclear weap20 on employed by land, sea, or air (including, without limita21 tion, by short, medium and intermediate range ballistic 

22 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, sup25 porting installations, or facilities in support of operations 


jbell on PROD1PC69 with BILLS
437 

•HR 5658 RH

1 that contribute to the accomplishment of a military mission 

2 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 Defense 

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

8 181; 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 enactment 

13 of this Act, the Secretary of Defense, in consultation with 

14 the Secretary of the Navy and the Joint Guam Program 

15 Office, shall submit to the congressional defense committees 

16 a report on the steps that the Department is taking to en17 sure that all contractors of the Department performing work 

18 on Guam comply with local tax and licensing requirements. 

19 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 


jbell on PROD1PC69 with BILLS
438 

•HR 5658 RH

1 (3) also include the steps being taken by the De2 partment to partner with the Government of Guam 

3 Department of Revenue and Taxation to ensure that 

4 there is transparency and a coordination of effort to 

5 ensure that the local government has visibility of con6 tractors performing work on Guam. 

7 Subtitle F—Congressional 

8 Recognitions 

9 SEC. 1051. SENSE OF CONGRESS HONORING THE HONOR10 ABLE DUNCAN HUNTER. 

11 (a) FINDINGS.—Congress makes the following findings: 

12 (1) Representative Duncan Hunter was elected to 

13 serve northern and eastern San Diego in 1980 and 

14 served in the House of Representatives until the end 

15 of the 110th Congress in 2009, representing the people 

16 of California’s 52d Congressional district. 

17 (2) Previous to his service in Congress, Rep18 resentative Hunter served in the Army’s 173rd Air19 borne and 75th Ranger Regiment from 1969 to 1971. 

20 (3) Representative Hunter was awarded the 

21 Bronze Star, Air Medal, National Defense Service 

22 Medal, and Vietnam Service Medal for his heroic acts 

23 during the Vietnam Conflict. 

24 (4) Representative Hunter served on the Com25 mittee on Armed Services of the House of RepresentaVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00438 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
439 

•HR 5658 RH

1 tives for 28 years, including service as Chairman of 

2 the Subcommittee on Military Research and Develop3 ment from 2001 through 2002 and the Subcommittee 

4 on Military Procurement from 1995 through 2000, the 

5 Chairman of the full committee from 2003 through 

6 2006, and the ranking member of the full committee 

7 from 2007 through 2008. 

8 (5) Representative Hunter has persistently advo9 cated for a more efficient military organization on be10 half of the American people, to ensure maximum war11 fighting capability and troop safety. 

12 (6) Representative Hunter is known by his col13 leagues to put the security of the Nation above all else 

14 and to provide for the men and women in uniform 

15 who valiantly dedicate and sacrifice themselves for the 

16 protection of the Nation. 

17 (7) Representative Hunter has demonstrated this 

18 devotion to the troops by authorizing and ensuring 

19 quick deployment of add-on vehicle armor and impro20 vised explosive device jammers, which have been in21 valuable in protecting the troops from attack in Iraq. 

22 (8) Representative Hunter worked to increase the 

23 size of the U.S. Armed Forces, which resulted in sig24 nificant increases in the size of the Army and Marine 

25 Corps. 


jbell on PROD1PC69 with BILLS
440 

•HR 5658 RH

1 (9) Representative Hunter has been a leader in 

2 ensuring sufficient force structure and end-strength, 

3 including through the 2006 Committee Defense Re4 view, to meet any challenges to the Nation. His efforts 

5 to increase the size of the Army and Marine Corps 

6 have been enacted by the Congress and implemented 

7 by the Administration. 

8 (10) Representative Hunter is a leading advocate 

9 for securing America’s borders. 

10 (11) Representative Hunter led efforts to 

11 strengthen the United States Industrial Base by en12 acting legislation that ensures the national industrial 

13 base will be able to design and manufacture those 

14 products critical to America’s national security. 

15 (b) SENSE OF CONGRESS.—It is the sense of Congress 

16 that the Honorable Duncan Hunter, Representative from 

17 California, has discharged his official duties with integrity 

18 and distinction, has served the House of Representatives 

19 and the American people selflessly, and deserves the sincere 

20 and humble gratitude of Congress and the Nation. 

21 SEC. 1052. SENSE OF CONGRESS IN HONOR OF THE HONOR22 ABLE JIM SAXTON, A MEMBER OF THE HOUSE 

23 OF REPRESENTATIVES. 

24 (a) FINDINGS.—Congress makes the following findings: 


jbell on PROD1PC69 with BILLS
441 

•HR 5658 RH

1 (1) Representative Hugh James ‘‘Jim’’ Saxton 

2 was elected in November 1984 to fill both the unex3 pired term of Congressman Edwin B. Forsythe in the 

4 98th Congress, and the open seat for the 99th Con5 gress. 

6 (2) Representative Saxton is a senior member of 

7 the Committee on Armed Services, having served on 

8 the committee since 1989, and is today the ranking 

9 Member of its Air and Land Forces Subcommittee in 

10 the 110th Congress, 2007–2008. 

11 (3) Representative Saxton is one of the few Mem12 bers to have ever represented a district that included 

13 active-duty Army, Navy, and Air Force bases. 

14 (4) Representative Saxton served as Chairman of 

15 the Military Installations and Facilities Sub16 committee from 2001 to 2002, and Chairman of the 

17 Terrorism and Unconventional Threats and Capabili18 ties Subcommittee from 2003 to 2006. 

19 (5) Representative Saxton has served soldiers, 

20 sailors, airmen, and Department of Defense civilians 

21 and military families in New Jersey, the United 

22 States, and around the world, regarding issues of fair 

23 pay, housing modernization, benefits, health care, 

24 force protection, and other issues. 


jbell on PROD1PC69 with BILLS
442 

•HR 5658 RH

1 (6) Representative Saxton worked diligently and 

2 successfully to save all three military bases in south3 ern New Jersey—Fort Dix, McGuire Air Force Base, 

4 and Lakehurst Naval Air Engineering Station. 

5 (7) Representative Saxton secured the future of 

6 the three bases by having the foresight to encourage 

7 them to participate in multiple inter-service joint 

8 projects and exercises for more than 10 years prior to 

9 the 2005 base realignment and closure (BRAC) action 

10 that directed that they become a single, joint installa11 tion, the Nation’s only Army-Navy-Air Force base, to 

12 be stood-up in 2009 as Joint Base McGuire-Dix13 Lakehurst. 

14 (8) Representative Saxton has helped modernize 

15 Fort Dix, McGuire Air Force Base, and Lakehurst 

16 Navy Base, by working with Secretaries and Chiefs of 

17 the Army, Navy, Marines, and Air Force, and other 

18 officials, and in particular the Army Reserve, Army 

19 National Guard, National Guard Bureau, Air Na20 tional Guard, Air Mobility Command, and Air Force 

21 Reserve, to enhance the three bases’ national security 

22 missions and bring $1,800,000,000 in infrastructure 

23 during his tenure. 

24 (9) Representative Saxton saved the 1,400-mem25 ber 108th New Jersey Air National Guard Air RefuelVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
443 

•HR 5658 RH

1 ing Wing from dismantlement in 2005 by directing 

2 that newer KC–135R Stratotanker aircraft be sent to 

3 replace retiring KC–135 E model aircraft. 

4 (10) Representative Saxton saved the cargo air5 lift mission of McGuire Air Force Base by bringing 

6 a squadron of C–17 Globemasters to McGuire after 

7 the mandatory retirement of all of the bases’ C–141 

8 Starlifter transports, and worked to procure many 

9 other C–17s for other bases across the country to per10 form the Nation’s airlift missions. 

11 (11) Representative Saxton took the leadership 

12 role in bringing the mothballed battleship USS New 

13 Jersey home to the Delaware River from where it was 

14 launched in 1943, so it could become a naval museum 

15 and monument to the 20th Century conflicts in which 

16 the dreadnought served. 

17 (12) Representative Saxton, a long time advocate 

18 of anti terrorism efforts, served as the Chairman of 

19 the House Task Force on Terrorism and Unconven20 tional Warfare from 1996 to 2003. 

21 (13) Representative Saxton in 1998 helped create 

22 and later expand the Weapons of Mass Destruction 

23 Civil Support Teams (WMD–CST) program in the 

24 National Guard, ultimately leading to a WMD–CST 


jbell on PROD1PC69 with BILLS
444 

•HR 5658 RH

1 in each State and territory to respond to domestic 

2 terrorism. 

3 (14) Representative Saxton was appointed by the 

4 Speaker of the House of Representatives in March 

5 2000 to be chairman of the Committee on Armed 

6 Services’ newly formed Special Oversight Panel on 

7 Terrorism, due to long advocacy of anti-terrorism 

8 preparedness. 

9 (15) Representative Saxton is a long-time sup10 porter of the warriors of the Special Operations Com11 mand (SOCOM), both before and after the attacks of 

12 September 11, 2001, and has met with special opera13 tors in Washington, DC, at SOCOM bases in the 

14 United States, and in theater. 

15 (16) Representative Saxton worked for over a 

16 decade to create the first terrorism subcommittee on 

17 the Committee on Armed Services, becoming its first 

18 chairman when the Subcommittee on Terrorism and 

19 Unconventional Threats and Capabilities organized 

20 in 2003 with oversight of United States elite forces, 

21 including Army Rangers, Green Berets, Navy 

22 SEALS, and Marine Special Forces. 

23 (b) SENSE OF CONGRESS.—It is the sense of Congress 

24 that the Honorable Jim Saxton, Representative from New 

25 Jersey, has discharged his official duties with integrity and 


jbell on PROD1PC69 with BILLS
445 

•HR 5658 RH

1 distinction, has served the House of Representatives and the 

2 American people selflessly, and deserves the sincere and 

3 humble gratitude of Congress and the Nation. 

4 SEC. 1053. SENSE OF CONGRESS HONORING THE HONOR5 ABLE TERRY EVERETT. 

6 (a) FINDINGS.—Congress makes the following findings: 

7 (1) Representative Terry Everett was elected to 

8 represent Alabama’s 2d Congressional district in 1992 

9 and served in the House of Representatives until the 

10 end of the 110th Congress in 2008 with distinction, 

11 class, integrity, and honor. 

12 (2) Representative Everett served on the Com13 mittee on Armed Services of the House of Representa14 tives for 16 years, including service as Chairman of 

15 the Subcommittee on Strategic Forces from 2002 

16 through 2006 and, from 2006 through 2008, as Rank17 ing Member of the Subcommittee on Strategic Forces. 

18 (3) Representative Everett’s colleagues know him 

19 to be a fair and effective lawmaker who worked for 

20 the national interest while always serving South21 eastern Alabama. 

22 (4) Representative Everett’s efforts on the Com23 mittee on Armed Services have been instrumental to 

24 the military value of, and quality of life at, military 

25 installations in Southeastern Alabama, including 


jbell on PROD1PC69 with BILLS
446 

•HR 5658 RH

1 Maxwell-Gunter Air Force Base in Montgomery, home 

2 of Air University, and Fort Rucker in the Wiregrass 

3 area, home of the Army’s Aviation Warfighting Cen4 ter. 

5 (5) Representative Everett has been a leader in 

6 efforts to develop and deploy robust and effective 

7 space and intelligence capabilities and missile defense 

8 systems to enhance the capabilities of the Armed 

9 Forces and protect the American people, the United 

10 States and its deployed troops, and allies of the 

11 United States. 

12 (6) Representative Everett also has been a leader 

13 on issues relating to national security space activities 

14 and missile defense space activities. 

15 (b) SENSE OF CONGRESS.—It is the Sense of Congress 

16 that the Honorable Terry Everett, Representative from Ala17 bama, has served the House of Representatives and the 

18 American people selflessly, and deserves the sincere and 

19 humble gratitude of Congress and the Nation. 

20 SEC. 1054. SENSE OF CONGRESS HONORING THE HONOR21 ABLE JO ANN DAVIS. 

22 (a) FINDINGS.—Congress makes the following findings: 

23 (1) Representative Jo Ann Davis was elected to 

24 the House of Representatives in November 2000 fol25 lowing the late Congressman Herbert H. Bateman. 


jbell on PROD1PC69 with BILLS
447 

•HR 5658 RH

1 (2) Representative Davis was the second woman 

2 elected to Congress in the Commonwealth of Virginia, 

3 and the first Republican woman elected to Congress 

4 in the Commonwealth of Virginia. 

5 (3) Representative Davis was a member of the 

6 Committee on Armed Services, serving as Ranking 

7 Member of the Readiness Subcommittee in the 110th 

8 Congress. 

9 (4) Representative Davis served soldiers, sailors, 

10 airmen and Department of Defense civilians and 

11 military personnel regarding issues of health care, 

12 modernization, benefits, force protection and other 

13 issues. 

14 (5) Representative Davis also served on the 

15 House Permanent Select Committee on Intelligence in 

16 the 109th Congress and as Chairwoman of the Sub17 committee on Intelligence Policy. 

18 (6) Representative Davis, a strong proponent of 

19 Naval Force Structure, helped secure construction on 

20 the Navy’s next-generation aircraft carrier, CVN–21, 

21 during her tenure. 

22 (b) SENSE OF CONGRESS.—It is the sense of Congress 

23 that the Honorable Jo Ann Davis, a late Representative 

24 from Virginia, performed her official duties with integrity 

25 and distinction, served the House of Representatives and 


jbell on PROD1PC69 with BILLS
448 

•HR 5658 RH

1 the American people selflessly, and deserves the sincere and 

2 humble gratitude of Congress and the Nation. 

3 Subtitle G—Other Matters 

4 SEC. 1061. AMENDMENT TO ANNUAL SUBMISSION OF IN5 FORMATION REGARDING INFORMATION 

6 TECHNOLOGY CAPITAL ASSETS. 

7 Section 351(a)(2) of the Bob Stump National Defense 

8 Authorization Act for Fiscal Year 2003 (Public Law 107– 

9 314; 116 Stat. 2516), is amended to read as follows: 

10 ‘‘(2) Information technology capital assets that— 

11 ‘‘(A) have an estimated total cost for the fis12 cal year for which the budget is submitted in ex13 cess of $30,000,000; 

14 ‘‘(B) have been determined by the Chief In15 formation Officer of the Department of Defense 

16 and the Director of the Office of Management 

17 and Budget to be significant investments; and 

18 ‘‘(C) with respect to which the Department 

19 of Defense is required to submit a capital asset 

20 plan to the Office of Management and Budget in 

21 accordance with section 300 of Office of Manage22 ment and Budget Circular A–11.’’. 


jbell on PROD1PC69 with BILLS
449 

•HR 5658 RH

1 SEC. 1062. RESTRICTION ON DEPARTMENT OF DEFENSE RE2 LOCATION OF MISSIONS OR FUNCTIONS 

3 FROM CHEYENNE MOUNTAIN AIR FORCE STA4 TION. 

5 The Secretary of Defense may not relocate, make prep6 arations for relocation, or undertake the relocation of any 

7 mission or function from Cheyenne Mountain Air Force 

8 Station until 30 days after the date on which the Secretary 

9 of Defense submits to the congressional defense committees 

10 certification in writing that the Secretary intends to relo11 cate the mission or function. Such certification shall be 

12 comprised of a report, which shall include— 

13 (1) a description of the mission or function to be 

14 relocated; 

15 (2) the validated requirements for relocation of 

16 the mission or function, and the benefits of such relo17 cation; 

18 (3) the estimate of the total costs associated with 

19 such relocation; 

20 (4) the results of independent vulnerability, secu21 rity, and risk assessments of the relocation of the mis22 sion or function; and 

23 (5) the Secretary’s implementation plan for 

24 mitigating any security or vulnerability risk identi25 fied through an independent assessment referred to in 


jbell on PROD1PC69 with BILLS
450 

•HR 5658 RH

1 paragraph (4), including the cost, schedule, and per2 sonnel estimates associated with such plan. 

3 SEC. 1063. TECHNICAL AND CLERICAL AMENDMENTS. 

4 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

5 United States Code, is amended as follows: 

6 (1) The table of sections at the beginning of 

7 chapter 2 is amended by inserting after the item re8 lating to 118a the following new item: 

‘‘118b. Quadrennial roles and missions review.’’. 

9 (2) The table of sections at the beginning of 

10 chapter 5 is amended in the item relating to section 

11 156 by inserting a period at the end. 

12 (3) The table of sections at the beginning of 

13 chapter 7 is amended in the item relating to section 

14 183 by inserting a period at the end. 

15 (4) Section 1477(e) is amended by inserting a 

16 period at the end. 

17 (5) Section 2192a is amended— 

18 (A) in subsection (e)(4), by striking ‘‘title 

19 11, United States Code,’’ and inserting ‘‘title 

20 11’’; and 

21 (B) in subsection (f), by striking ‘‘title 10, 

22 United States Code’’ and inserting ‘‘this title’’. 

23 (6) The table of chapters at the beginning of sub24 title C of such title, and the table of chapters at the 

25 beginning of part IV of such subtitle, are each amendVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00450 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
451 

•HR 5658 RH

1 ed by striking the item relating to chapter 667 and 

2 inserting the following new item: 

‘‘667. Issue of Serviceable Material Other Than to Armed 

Forces ............................................................................... 7911’’. 

3 (b) NATIONAL DEFENSE AUTHORIZATION ACT FOR

4 FISCAL YEAR 2008.—Effective as of January 28, 2008, and 

5 as if included therein as enacted, the National Defense Au6 thorization Act for Fiscal Year 2008 (Public Law 110–181) 

7 is amended as follows: 

8 (1) Section 371(c) is amended by striking ‘‘ ‘oper9 ational strategies’ ’’ and inserting ‘‘ ‘operational sys10 tems’ ’’. 

11 (2) Section 585(b)(3)(C) (122 Stat. 132) is 

12 amended by inserting ‘‘both places it appears’’ before 

13 the period at the end. 

14 (3) Section 703(b) is amended by striking ‘‘as 

15 amended by’’ and inserting ‘‘as inserted by’’. 

16 (4) Section 805(a) is amended by striking 

17 ‘‘Act ,’’ and inserting ‘‘Act,’’. 

18 (5) Section 883(b) is amended by striking ‘‘Sec19 tion 832(c)(1) of such Act, as redesignated by sub20 section (a), is amend by’’ and inserting ‘‘Section 

21 832(b)(1) of such Act is amended by’’. 

22 (6) Section 890(d)(2) is amended by striking 

23 ‘‘sections’’ and inserting ‘‘parts’’. 


jbell on PROD1PC69 with BILLS
452 

•HR 5658 RH

1 (7) Section 904(a)(4) is amended by striking 

2 ‘‘131(b)(2)’’ and inserting ‘‘131(b)’’. 

3 (8) Section 954(a)(3)(B) (122 Stat. 294) is 

4 amended by inserting ‘‘, as redesignated by section 

5 524(a)(1)(A),’’ after ‘‘of such title’’. 

6 (9) Section 954(b)(2) (122 Stat. 294) is amend7 ed— 

8 (A) by striking ‘‘2114(e) of such title’’ and 

9 inserting ‘‘2114(f) of such title, as redesignated 

10 by section 524(a)(1)(A),’’; and 

11 (B) by striking the period at the end and 

12 inserting ‘‘and inserting ‘President’.’’. 

13 (10) Section 1063(d)(1) (122 Stat. 323) is 

14 amended by striking ‘‘semicolon’’ and inserting 

15 ‘‘comma’’. 

16 (11) Section 1229(i)(3) (122 Stat. 383) is 

17 amended by striking ‘‘publically’’ and inserting ‘‘pub18 licly’’. 

19 (12) Section 1422(e)(2) (122 Stat. 422) is 

20 amended by striking ‘‘subsection (c)’’ and inserting 

21 ‘‘subsection (c)(1)’’. 

22 (13) Section 1602(4) (122 Stat. 432) is amended 

23 by striking ‘‘section 411 h(b)’’ and inserting ‘‘section 

24 411h(b)(1)’’. 


jbell on PROD1PC69 with BILLS
453 

•HR 5658 RH

1 (14) Section 1617(b) (122 Stat. 449) is amended 

2 by striking ‘‘by adding at the end’’ and inserting ‘‘by 

3 inserting after the item relating to section 1074k’’. 

4 (15) Section 2106 (122 Stat. 508) is amended by 

5 striking ‘‘for 2007’’ both places it appears and insert6 ing ‘‘for Fiscal Year 2007’’. 

7 (16) Section 2826(a)(2)(A) (122 Stat. 546) is 

8 amended by striking ‘‘the Army’’ and inserting 

9 ‘‘Army’’. 

10 (c) TITLE 31, UNITED STATES CODE.—Title 31, 

11 United States Code, is amended as follows: 

12 (1) Chapter 35 is amended by striking the first 

13 section 3557. 

14 (2) The second section 3557 is amended in the 

15 section heading by striking ‘‘Public-Private’’ and 

16 inserting ‘‘public-private’’. 

17 (3) The table of sections at the beginning of 

18 chapter 35 is amended by striking the second item re19 lating to section 3557. 

20 (d) TITLE 28, UNITED STATES CODE.—Section 

21 1491(b) of title 28, United States Code, is amended by strik22 ing the first paragraph (5). 

23 (e) RONALD W. REAGAN NATIONAL DEFENSE AU24 THORIZATION ACT FOR FISCAL YEAR 2005.—Section 721(e) 

25 of the Ronald W. Reagan National Defense Authorization 


jbell on PROD1PC69 with BILLS
454 

•HR 5658 RH

1 Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

2 1988; 10 U.S.C. 1092 note) is amended by striking ‘‘fiscal 

3 years 2005’’ and all that follows through ‘‘2010’’ and insert4 ing ‘‘fiscal years 2005 through 2010’’. 

5 (f) PUBLIC LAW 106–113.—Effective as of November 

6 29, 1999, and as if included therein as enacted, section 553 

7 of the Foreign Operations, Export Financing, and Related 

8 Programs Appropriations Act, 2000 (as enacted into law 

9 by section 1000(a)(2) of Public Law 106–113 (113 Stat. 

10 1535, 1501A–99)) is amended by striking ‘‘five-year pe11 riod’’ and inserting ‘‘eight-year period’’. 

12 SEC. 1064. SUBMISSION TO CONGRESS OF REVISION TO 

13 REGULATION ON ENEMY PRISONERS OF WAR, 

14 RETAINED PERSONNEL, CIVILIAN INTERN15 EES, AND OTHER DETAINEES. 

16 (a) SUBMISSION TO CONGRESS.—No activity relating 

17 to a successor regulation to Army Regulation 190–8 Enemy 

18 Prisoners of War, Retained Personnel, Civilian Internees 

19 and Other Detainees (dated October 1, 1997) may be car20 ried out until the date that is 60 days after the date on 

21 which the Secretary of Defense submits to the Committees 

22 on Armed Services of the Senate and House of Representa23 tives such successor regulation. 

24 (b) SAVINGS CLAUSE.—Nothing in this section shall 

25 affect the continued effectiveness of Army Regulation 190– 


jbell on PROD1PC69 with BILLS
455 

•HR 5658 RH

1 8 Enemy Prisoners of War, Retained Personnel, Civilian 

2 Internees and Other Detainees (dated October 1, 1997). 

3 SEC. 1065. AUTHORIZATION OF APPROPRIATIONS FOR PAY4 MENTS TO PORTUGUESE NATIONALS EM5 PLOYED BY THE DEPARTMENT OF DEFENSE. 

6 (a) AUTHORIZATION FOR PAYMENTS.—Subject to sub7 section (b), the Secretary of Defense may authorize pay8 ments to Portuguese nationals employed by the Department 

9 of Defense in Portugal, for the difference between— 

10 (1) the salary increases resulting from section 

11 8002 of the Department of Defense Appropriations 

12 Act, 2006 (Public Law 109–148 119 Stat. 2697; 10 

13 U.S.C. 1584 note) and section 8002 of the Depart14 ment of Defense Appropriations Act, 2007 (Public 

15 Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 note); 

16 and 

17 (2) salary increases supported by the Depart18 ment of Defense Azores Foreign National wage sur19 veys for survey years 2006 and 2007. 

20 (b) LIMITATION.—The authority provided in sub21 section (a) may be exercised only if— 

22 (1) the wage survey methodology described in the 

23 United States—Portugal Agreement on Cooperation 

24 and Defense, with supplemental technical and labor 

25 agreements and exchange of notes, signed at Lisbon 


jbell on PROD1PC69 with BILLS
456 

•HR 5658 RH

1 on June 1, 1995, and entered into force on November 

2 21, 1995, is eliminated; and 

3 (2) the agreements and exchange of notes referred 

4 to in paragraph (1) and any implementing regula5 tions thereto are revised to explicitly state the require6 ment that future increases in the pay of Portuguese 

7 nationals employed by the Department of Defense in 

8 Portugal are to be made in compliance with United 

9 States law and regulations prescribed by the Sec10 retary of Defense. 

11 (c) AUTHORIZATION FOR APPROPRIATION.—There is 

12 authorized to be appropriated to the Secretary of Defense 

13 $240,000 for fiscal year 2009 for the purpose of the pay14 ments authorized by subsection (a). 

15 SEC. 1066. STATE DEFENSE FORCE IMPROVEMENT. 

16 (a) FINDINGS.—Congress makes the following findings: 

17 (1) Domestic threats to national security and the 

18 increased use of National Guard forces for out-of19 State deployments greatly increase the potential for 

20 service by members of State defense forces established 

21 under section 109(c) of title 32, United States Code. 

22 (2) The efficacy of State defense forces is im23 peded by lack of clarity in the Federal regulations 

24 concerning those forces, particularly in defining levels 


jbell on PROD1PC69 with BILLS
457 

•HR 5658 RH

1 of coordination and cooperation between those forces 

2 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 regu7 latory impediments. 

8 (b) RECOGNITION AND SUPPORT FOR STATE DEFENSE

9 FORCES.—Section 109 of title 32, United States Code, is 

10 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 following 

14 new subsections: 

15 ‘‘(d) RECOGNITION.—Congress hereby recognizes forces 

16 established under subsection (c) as an integral military 

17 component of the United States, while reaffirming that 

18 those forces remain entirely State regulated, organized, and 

19 equipped and recognizing that those forces will be used ex20 clusively at the local level and in accordance with State 

21 law. 

22 ‘‘(e) ASSISTANCE BY DEPARTMENT OF DEFENSE.—(1) 

23 The Secretary of Defense may coordinate with, and provide 

24 assistance to, a defense force established under subsection 

25 (c) to the extent such assistance is requested by a State or 


jbell on PROD1PC69 with BILLS
458 

•HR 5658 RH

1 by a force established under subsection (c) and subject to 

2 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 De7 fense 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 Defense. 

13 ‘‘(f) USE OF DEPARTMENT OF DEFENSE PROPERTY

14 AND EQUIPMENT.—The Secretary of Defense may authorize 

15 qualified personnel of a force established under subsection 

16 (c) to use and operate property, arms, equipment, and fa17 cilities of the Department of Defense as needed in the course 

18 of training activities and State active duty. 

19 ‘‘(g) TRANSFER OF EXCESS EQUIPMENT.—(1) The 

20 Secretary of Defense may transfer to a State or a force es21 tablished under subsection (c) any personal property of the 

22 Department of Defense that the Secretary determines is— 

23 ‘‘(A) excess to the needs of the Department of De24 fense; and 


jbell on PROD1PC69 with BILLS
459 

•HR 5658 RH

1 ‘‘(B) suitable for use by a force established under 

2 subsection (c). 

3 ‘‘(2) The Secretary of Defense may transfer personal 

4 property under this section only if— 

5 ‘‘(A) the property is drawn from existing stocks 

6 of the Department of Defense; 

7 ‘‘(B) the recipient force established under sub8 section (c) accepts the property on an as-is, where-is 

9 basis; 

10 ‘‘(C) the transfer is made without the expendi11 ture of any funds available to the Department of De12 fense for the procurement of defense equipment; and 

13 ‘‘(D) all costs incurred subsequent to the transfer 

14 of the property are borne or reimbursed by the recipi15 ent. 

16 ‘‘(3) Subject to paragraph (2)(D), the Secretary may 

17 transfer personal property under this section without charge 

18 to the recipient force established under subsection (c). 

19 ‘‘(h) FEDERAL/STATE TRAINING COORDINATION.—(1) 

20 Participation by a force established under subsection (c) in 

21 a training program of the Department of Defense is at the 

22 discretion of the State. 

23 ‘‘(2) Nothing in this section may be construed as re24 quiring the Department of Defense to provide any training 

25 program to any such force. 


jbell on PROD1PC69 with BILLS
460 

•HR 5658 RH

1 ‘‘(3) Any such training program shall be conducted in 

2 accordance with an agreement between— 

3 ‘‘(A) the Secretary of Defense; and 

4 ‘‘(B) the State or the force established under sub5 section (c) if so authorized by State law. 

6 ‘‘(4) Any direct costs to the Department of Defense of 

7 providing training assistance to a force established under 

8 subsection (c) shall be reimbursed by the State. Any agree9 ment under paragraph (3) between the Department of De10 fense and a State or a force established under subsection 

11 (c) for such training assistance shall provide for payment 

12 of such costs. 

13 ‘‘(i) FEDERAL FUNDING OF STATE DEFENSE

14 FORCES.—Funds available to the Department of Defense 

15 may not be made available to a State defense force.’’. 

16 (c) DEFINITION OF STATE.— 

17 (1) DEFINITION.—Such section is further amend18 ed by adding at the end the following new subsection: 

19 ‘‘(l) STATE DEFINED.—In this section, the term ‘State’ 

20 includes the District of Columbia, the Commonwealth of 

21 Puerto Rico, Guam, and the Virgin Islands.’’. 

22 (2) CONFORMING AMENDMENTS.—Such section is 

23 further amended in subsections (a), (b), and (c) by 

24 striking ‘‘a State, the Commonwealth of Puerto Rico, 


jbell on PROD1PC69 with BILLS
461 

•HR 5658 RH

1 the District of Columbia, Guam, or the Virgin Is2 lands’’ each place it appears and inserting ‘‘a State’’. 

3 (d) STYLISTIC AMENDMENTS.—Such section is further 

4 amended— 

5 (1) in subsection (a), by inserting ‘‘PROHIBITION

6 ON MAINTENANCE OF OTHER TROOPS.—’’ after ‘‘(a)’’; 

7 (2) in subsection (b), by inserting ‘‘USE WITHIN

8 STATE BORDERS.—’’ after ‘‘(b)’’; 

9 (3) in subsection (c), by inserting ‘‘STATE DE10 FENSE FORCES AUTHORIZED.—’’ after ‘‘(c)’’; 

11 (4) in subsection (j), as redesignated by sub12 section (a)(1), by inserting ‘‘EFFECT OF MEMBER13 SHIP IN DEFENSE FORCES.—’’ after ‘‘(j)’’; and 

14 (5) in subsection (k), as redesignated by sub15 section (a)(1), by inserting ‘‘PROHIBITION ON RE16 SERVE COMPONENT MEMBERS JOINING DEFENSE

17 FORCES.—’’ after ‘‘(k)’’. 

18 (e) CLERICAL AMENDMENTS.— 

19 (1) SECTION HEADING.—The heading of such sec20 tion is amended to read as follows: 

21 ‘‘§ 109. Maintenance of other troops: State defense 

22 forces’’. 

23 (2) CLERICAL AMENDMENT.—The item relating 

24 to such section in the table of sections at the beginVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00461 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
462 

•HR 5658 RH

1 ning of chapter 1 of such title is amended to read as 

2 follows: 

‘‘109. Maintenance of other troops: State defense forces.’’. 

3 SEC. 1067. BARNEGAT INLET TO LITTLE EGG INLET, NEW 

4 JERSEY. 

5 (a) PROJECT MODIFICATION.—The project for hurri6 cane and storm damage reduction, Barnegat Inlet to Little 

7 Egg Inlet, New Jersey, authorized by section 101(a)(1) of 

8 the Water Resources Development Act of 2000 (114 Stat. 

9 2576), is modified to authorize the Secretary of the Army 

10 to undertake, at Federal expense, such measures as the Sec11 retary determines to be necessary and appropriate in the 

12 public interest to address the handling of munitions placed 

13 on the beach during construction of the project before the 

14 date of enactment of this section. 

15 (b) TREATMENT OF COSTS.—Costs incurred in car16 rying out subsection (a) shall not be considered to be a cost 

17 of constructing the project. 

18 (c) CREDIT.—The Secretary shall credit, in accordance 

19 with section 221 of the Flood Control Act of 1970 (42 U.S.C. 

20 1962d–5b), toward the non-Federal share of the cost of the 

21 project the costs incurred by the non-Federal interest with 

22 respect to the removal and handling of the munitions re23 ferred to in subsection (a). 


jbell on PROD1PC69 with BILLS
463 

•HR 5658 RH

1 (d) ELIGIBLE ACTIVITIES.—Measures authorized by 

2 subsection (a) include monitoring, removal, and disposal of 

3 the munitions referred to in subsection (a). 

4 (e) FUNDING.—Of the amounts authorized to be appro5 priated by section 301(13) of this Act, $7,175,000 is author6 ized to carry out subsection (a). 

7 SEC. 1068. SENSE OF CONGRESS REGARDING THE ROLES 

8 AND MISSIONS OF THE DEPARTMENT OF DE9 FENSE AND OTHER NATIONAL SECURITY IN10 STITUTIONS. 

11 It is the sense of Congress as follows: 

12 (1) To ensure the future security of the United 

13 States, all of the national security organizations of 

14 the Federal Government must work together more ef15 fectively. 

16 (2) The conflicts in Iraq and Afghanistan have 

17 demonstrated a need to expand the definition of na18 tional security organizations to include all depart19 ments and agencies that contribute to the relations of 

20 the United States with the world. 

21 (3) As the largest national security organization, 

22 the Department of Defense must effectively collaborate 

23 in both a supported and supporting role with other 

24 departments and agencies. 


jbell on PROD1PC69 with BILLS
464 

•HR 5658 RH

1 (4) Section 941 of Public Law 110–181 created 

2 an opportunity for the Department of Defense to ad3 dress internal assignments of functions. 

4 (5) The Initial Perspectives report of the Panel 

5 on Roles and Missions of the Committee on Armed 

6 Services of the House of Representatives illustrated 

7 the following three levels of coordination that must be 

8 improved: 

9 (A) Inter-agency coordination. 

10 (B) Department of Defense-wide coordina11 tion. 

12 (C) Inter-service coordination. 

13 (6) Institutionalizing effective coordination with14 in and among the national security organizations of 

15 the Federal Government may require fundamental re16 form. 

17 SEC. 1069. SENSE OF CONGRESS RELATING TO 2008 SUPPLE18 MENTAL APPROPRIATIONS. 

19 It is the sense of Congress that readiness shortfalls exist 

20 within the Armed Forces of the United States, thus increas21 ing risk to the national security of the United States. Con22 gress has provided, and will continue to provide, funds to 

23 address the readiness shortfalls in the Armed Forces of the 

24 United States. 


jbell on PROD1PC69 with BILLS
465 

•HR 5658 RH

1 SEC. 1070. SENSE OF CONGRESS REGARDING DEFENSE RE2 QUIREMENTS OF THE UNITED STATES. 

3 It is the sense of Congress that the defense requirements 

4 of the United States should be based upon a comprehensive 

5 national security strategy and fully funded to counter 

6 present and emerging threats. 

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. 

9 SEC. 1101. TEMPORARY AUTHORITY TO WAIVE LIMITATION 

10 ON PREMIUM PAY FOR FEDERAL EMPLOYEES. 

11 (a) WAIVER AUTHORITY.—Subject to subsection (b), 

12 the head of an agency may waive the limitation under sec13 tion 5547(a) of title 5, United States Code, with respect 

14 to premium pay for any service which is performed by an 

15 employee of such agency— 

16 (1) in an overseas location within the area of re17 sponsibility of the Commander of the United States 

18 Central Command; and 


jbell on PROD1PC69 with BILLS
466 

•HR 5658 RH

1 (2) in direct support of or directly related to— 

2 (A) a military operation, including a con3 tingency operation; or 

4 (B) an operation in response to an emer5 gency declared by the President. 

6 (b) LIMITATIONS.—Waiver authority under this sec7 tion shall be available only with respect to premium pay 

8 for service performed in 2009, and only to the extent that 

9 its exercise would not cause an employee’s total basic pay 

10 and premium pay for 2009 to exceed $212,100. 

11 (c) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.— 

12 Any amount of premium pay that would not have been pay13 able but for a waiver under this section shall not be consid14 ered to be basic pay for any purpose and shall not be used 

15 in computing a lump-sum payment for accumulated and 

16 accrued annual leave under section 5551 of title 5, United 

17 States Code. 

18 (d) REGULATIONS.—The Director of the Office of Per19 sonnel Management may prescribe any regulations which 

20 may be necessary to ensure consistency among heads of 

21 agencies in the application of this section. 

22 (e) DEFINITIONS.—For purposes of this section— 

23 (1) the terms ‘‘agency’’ and ‘‘employee’’ have the 

24 respective meanings given such terms by section 5541 

25 of title 5, United States Code; 


jbell on PROD1PC69 with BILLS
467 

•HR 5658 RH

1 (2) the term ‘‘premium pay’’ refers to any pre2 mium pay described in section 5547(a) of such title 

3 5; and 

4 (3) the term ‘‘contingency operation’’ has the 

5 meaning given such term by section 101(a)(13) of 

6 title 10, United States Code. 

7 SEC. 1102. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM 

8 SEVERANCE PAYMENTS. 

9 Section 5595(i)(4) of title 5, United States Code, is 

10 amended by striking ‘‘October 1, 2010’’ and inserting ‘‘Oc11 tober 1, 2014’’. 

12 SEC. 1103. EXTENSION OF VOLUNTARY REDUCTION-IN13 FORCE AUTHORITY OF DEPARTMENT OF DE14 FENSE. 

15 Section 3502(f)(5) of title 5, United States Code, is 

16 amended by striking ‘‘September 30, 2010’’ and inserting 

17 ‘‘September 30, 2014’’. 

18 SEC. 1104. TECHNICAL AMENDMENT TO DEFINITION OF 

19 PROFESSIONAL ACCOUNTING POSITION. 

20 Section 1599d(e) of title 10, United States Code, is 

21 amended by striking ‘‘GS–510, GS–511, and GS–505’’ and 

22 inserting ‘‘0505, 0510, or 0511 (or an equivalent)’’. 


jbell on PROD1PC69 with BILLS
468 

•HR 5658 RH

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 para8 graph: 

9 ‘‘(2)(A) For purposes of sections 3304, 5333, and 5753 

10 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 re15 cruit and appoint highly qualified persons directly to 

16 positions so designated. 

17 ‘‘(B) In using the authority provided by this para18 graph, the Secretary shall apply the principles of preference 

19 for the hiring of veterans and other persons established in 

20 subchapter 1 of chapter 33 of title 5.’’. 

21 (b) TERMINATION OF AUTHORITY.—Section 1599c(c) 

22 of such title is amended— 

23 (1) by inserting ‘‘(1)’’ before ‘‘The authority of’’; 

24 (2) by striking ‘‘September 30, 2010’’ and insert25 ing ‘‘September 30, 2012’’; and 


jbell on PROD1PC69 with BILLS
469 

•HR 5658 RH

1 (3) by adding at the end the following new para2 graph: 

3 ‘‘(2) The Secretary may not appoint a person to a po4 sition 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 (c) 

17 as subsections (c) and (d), respectively; 

18 (C) by inserting after subsection (a) the fol19 lowing 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 in 

23 accordance with paragraph (2) to accommodate increases 

24 in workload or to modify the type of personnel required to 

25 accomplish work. 


jbell on PROD1PC69 with BILLS
470 

•HR 5658 RH

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 redes5 ignated) 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 Defense). 

13 ‘‘(2) The term ‘baseline personnel limitation’, 

14 with respect to OSD personnel, means— 

15 ‘‘(A) for fiscal year 2009, the number de16 scribed in subsection (a); and 

17 ‘‘(B) for any fiscal year thereafter, such 

18 number as increased (if at all) by the Secretary 

19 under subsection (b) during preceding fiscal 

20 years.’’. 

21 (b) DEFENSE AGENCIES AND FIELD ACTIVITIES.—Sec22 tion 194 of title 10, United States Code, is amended— 

23 (1) in subsections (a) and (b), by striking ‘‘The 

24 total’’ each place it appears and inserting ‘‘Subject to 

25 subsection (c), the total’’; 


jbell on PROD1PC69 with BILLS
471 

•HR 5658 RH

1 (2) by redesignating subsections (c), (d), (e), and 

2 (f) as subsections (d), (e), (f), and (g), respectively; 

3 (3) by inserting after subsection (b) the following 

4 new subsection (c): 

5 ‘‘(c) AUTHORITY TO ADJUST LIMITATION.—(1) For 

6 fiscal year 2009 and fiscal years thereafter, the Secretary 

7 of Defense may adjust the baseline personnel limitations in 

8 subsection (a) in accordance with paragraph (2) to accom9 modate increases in workload or to modify the type of per10 sonnel required to accomplish work. 

11 ‘‘(2) The Secretary may adjust a baseline personnel 

12 limitation under paragraph (1) by increasing it by no more 

13 than 5 percent in a fiscal year.’’; and 

14 (4) by amending subsection (g) (as so redesig15 nated)— 

16 (A) by striking ‘‘In this section, the’’ and 

17 inserting ‘‘In this section: 

18 ‘‘(1) The’’; and 

19 (B) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) The term ‘baseline personnel limitation’, 

22 with respect to members of the armed forces and civil23 ian employees described in subsection (a) or sub24 section (b), means— 


jbell on PROD1PC69 with BILLS
472 

•HR 5658 RH

1 ‘‘(A) for fiscal year 2009, the number de2 scribed in subsection (a) or (b), respectively; and 

3 ‘‘(B) for any fiscal year thereafter, such 

4 number as increased (if at all) by the Secretary 

5 under subsection (c) during preceding fiscal 

6 years.’’. 

7 (c) OFFICE OF THE SECRETARY OF THE ARMY AND

8 ARMY STAFF.—Subsection (f) of section 3014 of title 10, 

9 United States Code, is amended by adding at the end the 

10 following new paragraph: 

11 ‘‘(5)(A) For fiscal year 2009 and fiscal years 

12 thereafter, the Secretary of the Army may adjust the 

13 baseline personnel limitation in paragraph (1), (2), 

14 or (3) in accordance with subparagraph (B) to ac15 commodate increases in workload or to modify the 

16 type of personnel required to accomplish work. 

17 ‘‘(B) The Secretary may adjust a baseline per18 sonnel limitation under subparagraph (A) by increas19 ing it by no more than 5 percent in a fiscal year. 

20 ‘‘(C) In this subsection, the term ‘baseline per21 sonnel limitation’, with respect to members of the 

22 armed forces and civilian employees described in 

23 paragraph (1), (2), or (3), means— 


jbell on PROD1PC69 with BILLS
473 

•HR 5658 RH

1 ‘‘(i) for fiscal year 2009, the number de2 scribed in paragraph (1), (2), or (3), respec3 tively; and 

4 ‘‘(ii) for any fiscal year thereafter, such 

5 number as increased (if at all) by the Secretary 

6 under subparagraph (A) during preceding fiscal 

7 years.’’. 

8 (d) OFFICE OF THE SECRETARY OF THE NAVY, OFFICE

9 OF THE CHIEF OF NAVAL OPERATIONS, AND HEAD10 QUARTERS, MARINE CORPS.—Subsection (f) of section 5014 

11 of title 10, United States Code, is amended by adding at 

12 the end the following new paragraph: 

13 ‘‘(5)(A) For fiscal year 2009 and fiscal years 

14 thereafter, the Secretary of the Navy may adjust the 

15 baseline personnel limitation in paragraph (1), (2), 

16 or (3) in accordance with subparagraph (B) to ac17 commodate increases in workload or to modify the 

18 type of personnel required to accomplish work. 

19 ‘‘(B) The Secretary may adjust a baseline per20 sonnel limitation under subparagraph (A) by increas21 ing it by no more than 5 percent in a fiscal year. 

22 ‘‘(C) In this subsection, the term ‘baseline per23 sonnel limitation’, with respect to members of the 

24 armed forces and civilian employees described in 

25 paragraph (1), (2), or (3), means— 


jbell on PROD1PC69 with BILLS
474 

•HR 5658 RH

1 ‘‘(i) for fiscal year 2009, the number de2 scribed in paragraph (1), (2), or (3), respec3 tively; and 

4 ‘‘(ii) for any fiscal year thereafter, such 

5 number as increased (if at all) by the Secretary 

6 under subparagraph (A) during any preceding 

7 fiscal years.’’. 

8 (e) OFFICE OF THE SECRETARY OF THE AIR FORCE

9 AND AIR STAFF.—Subsection (f) of section 8014 of title 10, 

10 United States Code, is amended by adding at the end the 

11 following new paragraph: 

12 ‘‘(5)(A) For fiscal year 2009 and fiscal years 

13 thereafter, the Secretary of the Air Force may adjust 

14 the baseline personnel limitation in paragraph (1), 

15 (2), or (3) in accordance with subparagraph (B) to 

16 accommodate increases in workload or to modify the 

17 type of personnel required to accomplish work. 

18 ‘‘(B) The Secretary may adjust a baseline per19 sonnel limitation under subparagraph (A) by increas20 ing it by no more than 5 percent in a fiscal year. 

21 ‘‘(C) In this subsection, the term ‘baseline per22 sonnel limitation’, with respect to members of the 

23 armed forces and civilian employees described in 

24 paragraph (1), (2), or (3), means— 


jbell on PROD1PC69 with BILLS
475 

•HR 5658 RH

1 ‘‘(i) for fiscal year 2009, the number de2 scribed in paragraph (1), (2), or (3), respec3 tively; and 

4 ‘‘(ii) for any fiscal year thereafter, such 

5 number as increased (if at all) by the Secretary 

6 under subparagraph (A) during preceding fiscal 

7 years.’’. 

8 (f) REPORT REQUIRED.—The Secretary of Defense 

9 shall submit a report to the congressional defense commit10 tees at the same time that the defense budget materials for 

11 each fiscal year are presented to Congress. The report shall 

12 include the following information: 

13 (1) During the preceding fiscal year, the average 

14 number of military personnel and civilian employees 

15 of the Department of Defense assigned to or detailed 

16 to permanent duty in— 

17 (A) the Office of the Secretary of Defense; 

18 (B) the management headquarters activities 

19 and management headquarters support activities 

20 in the Defense Agencies and Department of De21 fense Field Activities; 

22 (C) the Office of the Secretary of the Army 

23 and the Army Staff; 


jbell on PROD1PC69 with BILLS
476 

•HR 5658 RH

1 (D) the Office of the Secretary of the Navy, 

2 the Office of Chief of Naval Operations, and the 

3 Headquarters, Marine Corps; and 

4 (E) the Office of the Secretary of the Air 

5 Force and the Air Staff. 

6 (2) The total increase in personnel assigned to 

7 the activities or entities described in paragraph (1), 

8 if any, during the preceding fiscal year— 

9 (A) attributable to the replacement of con10 tract personnel with military personnel or civil11 ian employees of the Department of Defense, in12 cluding the number of positions associated with 

13 the replacement of contract personnel performing 

14 inherently governmental functions or performing 

15 lead system integrator functions; and 

16 (B) attributable to reasons other than the 

17 replacement of contract personnel with military 

18 personnel or civilian employees of the Depart19 ment, such as workload or operational demand 

20 increases. 

21 (3) The number of military personnel and civil22 ian employees of the Department of Defense assigned 

23 to the activities or entities described in paragraph (1) 

24 as of October 1 of the preceding fiscal year. 


jbell on PROD1PC69 with BILLS
477 

•HR 5658 RH

1 (4) An analysis and justification for any in2 crease in personnel assigned to the activities or enti3 ties described in paragraph (1), if any, during the 

4 preceding fiscal year, including an analysis of the 

5 workload of the activity or entity and the manage6 ment of the workload. 

7 (g) DEFINITIONS.—In this section: 

8 (1) DEFENSE BUDGET MATERIALS.—The term 

9 ‘‘defense budget materials’’, with respect to a fiscal 

10 year, means the materials submitted to Congress by 

11 the Secretary of Defense in support of the budget for 

12 that fiscal year that is submitted to Congress by the 

13 President under section 1105 of title 31, United 

14 States Code. 

15 (2) CONTRACT PERSONNEL.—The term ‘‘contract 

16 personnel’’ means persons hired under a contract with 

17 the Department of Defense for the performance of 

18 major Department of Defense headquarters activities. 

19 (h) COMPTROLLER GENERAL EVALUATION.—Not later 

20 than April 15, 2009, the Comptroller General shall— 

21 (1) conduct an evaluation of the overall manage22 ment of the staffing processes and procedures for the 

23 personnel affected by the amendments made by this 

24 section; and 


jbell on PROD1PC69 with BILLS
478 

•HR 5658 RH

1 (2) submit to the congressional defense commit2 tees a report on the results of such evaluation, with 

3 such findings and recommendations as the Comp4 troller General considers appropriate. 

5 SEC. 1107. TEMPORARY DISCRETIONARY AUTHORITY TO 

6 GRANT ALLOWANCES, BENEFITS, AND GRATU7 ITIES TO PERSONNEL ON OFFICIAL DUTY IN A 

8 COMBAT ZONE. 

9 (a) IN GENERAL.—Section 1603(a) of the Emergency 

10 Supplemental Appropriations Act for Defense, the Global 

11 War on Terror, and Hurricane Recovery, 2006 (Public Law 

12 109–234; 120 Stat. 443) is amended— 

13 (1) by striking ‘‘During fiscal years 2006, 2007, 

14 and 2008’’ and inserting ‘‘(1) During fiscal years 

15 2006 (including the period beginning on October 1, 

16 2005, and ending on June 15, 2006), 2007, and 

17 2008’’; and 

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

19 ‘‘(2) During fiscal years 2009, 2010, and 2011, the 

20 head of an agency may, in the agency head’s discretion, 

21 provide to an individual employed by, or assigned or de22 tailed to, such agency allowances, benefits, and gratuities 

23 comparable to those provided by the Secretary of State to 

24 members of the Foreign Service under section 413 and chap25 ter 9 of title I of the Foreign Service Act of 1980, if such 


jbell on PROD1PC69 with BILLS
479 

•HR 5658 RH

1 individual is on official duty in a combat zone (as defined 

2 by section 112(c) of the Internal Revenue Code of 1986).’’. 

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall take effect as if included in the enactment 

5 of the Emergency Supplemental Appropriations Act for De6 fense, the Global War on Terror, and Hurricane Recovery, 

7 2006 (Public Law 109–234). 

8 SEC. 1108. REQUIREMENT RELATING TO FURLOUGHS DUR9 ING THE TIME OF A CONTINGENCY OPER10 ATION. 

11 (a) IN GENERAL.—Subchapter I of chapter 35 of title 

12 5, United States Code, is amended by adding at the end 

13 the following new section: 

14 ‘‘§ 3505. Furloughs within Department of Defense 

15 ‘‘(a) For purposes of this section— 

16 ‘‘(1) the term ‘furlough’ means the placing of an 

17 employee in a temporary status without duties and 

18 pay because of a lack of funds; 

19 ‘‘(2) the term ‘contingency operation’ has the 

20 meaning given such term by section 101(a)(13) of 

21 title 10; and 

22 ‘‘(3) the term ‘defense committees’ has the mean23 ing given such term by section 119(g) of title 10. 

24 ‘‘(b)(1) The Secretary of Defense may not issue notice 

25 of a furlough described in paragraph (2) until the Secretary 


jbell on PROD1PC69 with BILLS
480 

•HR 5658 RH

1 has certified to the defense committees that the Secretary 

2 has no other legal measures to avoid such furloughs. 

3 ‘‘(2) This subsection applies with respect to any fur4 lough that impacts substantial portions of the civilian 

5 workforce of the Department of Defense commencing during 

6 the time of a contingency operation.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chapter 

8 35 of title 5, United States Code, is amended by inserting 

9 after the item relating to section 3504 the following new 

10 item: 

‘‘3505. Furloughs within Department of Defense.’’. 

11 SEC. 1109. DIRECT HIRE AUTHORITY FOR CERTAIN POSI12 TIONS AT PERSONNEL DEMONSTRATION LAB13 ORATORIES. 

14 (a) AUTHORITY.—The Secretary of Defense may make 

15 appointments to positions described in subsection (b) with16 out regard to the provisions of subchapter I of chapter 33 

17 of title 5, United States Code, other than sections 3303 and 

18 3328 of such title. 

19 (b) POSITIONS DESCRIBED.—This section applies with 

20 respect to any scientific or engineering position within a 

21 laboratory identified in section 9902(c)(2) of title 5, United 

22 States Code, appointment to which requires an advanced 

23 degree. 

24 (c) LIMITATION.—(1) Authority under this section 

25 may not, in any calendar year and with respect to any 


jbell on PROD1PC69 with BILLS
481 

•HR 5658 RH

1 laboratory, be exercised with respect to a number of posi2 tions greater than the number equal to 2 percent of the total 

3 number of positions within such laboratory that are filled 

4 as of the close of the fiscal year last ending before the start 

5 of such calendar year. 

6 (2) For purposes of this subsection, positions shall be 

7 counted on a full-time equivalent basis. 

8 (d) EMPLOYEE DEFINED.—As used in this section, the 

9 term ‘‘employee’’ has the meaning given such term by sec10 tion 2105 of title 5, United States Code. 

11 (e) TERMINATION.—The authority to make appoint12 ments under this section shall not be available after Decem13 ber 31, 2013. 

14 TITLE XII—MATTERS RELATING 

15 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. 


jbell on PROD1PC69 with BILLS
482 

•HR 5658 RH

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. 

Subtitle C—Other Matters 

Sec. 1221. Payment of personnel expenses for multilateral cooperation programs. 

Sec. 1222. Extension of Department of Defense authority to participate in multinational military centers of excellence. 

Sec. 1223. Study of limitation on classified contracts with foreign companies engaged in space business with China. 

Sec. 1224. Sense of Congress and congressional briefings on readiness of the 

Armed Forces and report on nuclear weapons capabilities of 

Iran. 

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 the 

6 National Defense Authorization Act for Fiscal Year 2008 

7 (Public Law 110–181; 122 Stat. 366) is amended by strik8 ing ‘‘during fiscal year 2008’’ and inserting ‘‘during fiscal 

9 years 2008, 2009, and 2010’’. 

10 (b) FUNDING LIMITATION.—Subsection (c)(1) of such 

11 section is amended by striking ‘‘for fiscal year 2008 to pro12 vide the assistance under subsection (a)’’ and inserting ‘‘for 

13 a fiscal year specified in subsection (a) to provide the assist14 ance under such subsection for such fiscal year’’. 


jbell on PROD1PC69 with BILLS
483 

•HR 5658 RH

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 amend13 ed by adding at the end the following new subsection: 

14 ‘‘(e) Funds available under this section for fiscal year 

15 2009 or any subsequent fiscal year may be used for pro16 grams that begin in such fiscal year but end in the next 

17 fiscal year.’’. 

18 SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE 

19 ACQUISITION AND CROSS-SERVICING AGREE20 MENTS TO LEND MILITARY EQUIPMENT FOR 

21 PERSONNEL PROTECTION AND SURVIV22 ABILITY. 

23 (a) SEMIANNUAL REPORTS TO CONGRESSIONAL COM24 MITTEES.—Subsection (b)(3) of section 1202 of the John 

25 Warner National Defense Authorization Act for Fiscal Year 

26 2007 (Public Law 109–364; 120 Stat. 2412), as amended 


jbell on PROD1PC69 with BILLS
484 

•HR 5658 RH

1 by section 1252 of Public Law 110–181 (122 Stat. 402), 

2 is further amended by adding at the end the following: 

3 ‘‘(E) With respect to equipment provided to 

4 each foreign force that is not returned to the 

5 United States, a description of the terms of dis6 position of the equipment to the foreign force. 

7 ‘‘(F) The percentage of equipment provided 

8 to foreign forces under the authority of this sec9 tion that is not returned to the United States.’’. 

10 (b) EXPIRATION.—Subsection (e) of such section is 

11 amended by striking ‘‘September 30, 2009’’ and inserting 

12 ‘‘September 30, 2010’’. 

13 SEC. 1205. ONE-YEAR EXTENSION OF AUTHORITY FOR DIS14 TRIBUTION TO CERTAIN FOREIGN PER15 SONNEL OF EDUCATION AND TRAINING MA16 TERIALS AND INFORMATION TECHNOLOGY 

17 TO ENHANCE MILITARY INTEROPERABILITY. 

18 (a) LIMITATIONS.—Section 1207 of the John Warner 

19 National Defense Authorization Act for Fiscal Year 2007 

20 (Public Law 109–364; 120 Stat. 2419) is amended— 

21 (1) by redesignating subsections (g) and (h) as 

22 subsections (h) and (i), respectively; and 

23 (2) by inserting after subsection (f) the following: 

24 ‘‘(g) LIMITATIONS.— 


jbell on PROD1PC69 with BILLS
485 

•HR 5658 RH

1 ‘‘(1) ASSISTANCE OTHERWISE PROHIBITED BY

2 LAW.—The Secretary of Defense may not use the au3 thority provided in this section to provide any type 

4 of assistance described in this section that is otherwise 

5 prohibited by any other provision of law. 

6 ‘‘(2) LIMITATION ON ELIGIBLE COUNTRIES.—The 

7 Secretary of Defense may not use the authority pro8 vided in this section to provide any type of assistance 

9 described in this section to the personnel referred to 

10 in subsection (b) of any foreign country that is other11 wise prohibited from receiving such type of assistance 

12 under any other provision of law.’’. 

13 (b) ANNUAL REPORT.—Subsection (h)(1) of such sec14 tion, as redesignated by subsection (a)(1) of this section, 

15 is amended by striking ‘‘and 2008’’ and inserting ‘‘, 2008, 

16 and 2009’’. 

17 (c) TERMINATION.—Subsection (i) of such section, as 

18 redesignated by subsection (a)(1) of this section, is amended 

19 by striking ‘‘2008’’ and inserting ‘‘2009’’. 

20 SEC. 1206. MODIFICATION AND EXTENSION OF AUTHORI21 TIES RELATING TO PROGRAM TO BUILD THE 

22 CAPACITY OF FOREIGN MILITARY FORCES. 

23 (a) LIMITATIONS.—Subsection (c)(1) of section 1206 of 

24 the National Defense Authorization Act for Fiscal Year 

25 2006 (Public Law 109–163; 119 Stat. 3456), as amended 


jbell on PROD1PC69 with BILLS
486 

•HR 5658 RH

1 by section 1206 of Public Law 109–364 (120 Stat. 2418), 

2 is further amended by adding at the end the following new 

3 sentence: ‘‘Amounts available under the authority of sub4 section (a) for fiscal year 2009 or any subsequent fiscal year 

5 may be used for programs that begin in such fiscal year 

6 but end in the next fiscal year.’’. 

7 (b) TWO-YEAR EXTENSION OF PROGRAM AUTHOR8 ITY.—Subsection (g) of such section is amended— 

9 (1) in the first sentence, by striking ‘‘2008’’ and 

10 inserting ‘‘2010’’; and 

11 (2) in the second sentence, by striking ‘‘2006, 

12 2007, or 2008’’ and inserting ‘‘2009 or 2010’’. 

13 SEC. 1207. EXTENSION OF AUTHORITY FOR SECURITY AND 

14 STABILIZATION ASSISTANCE. 

15 Section 1207(g) of the National Defense Authorization 

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

17 3458), as amended by section 1210 of Public Law 110–181 

18 (122 Stat. 369), is further amended by striking ‘‘September 

19 30, 2008’’ and inserting ‘‘September 30, 2010’’. 

20 SEC. 1208. AUTHORITY FOR SUPPORT OF SPECIAL OPER21 ATIONS TO COMBAT TERRORISM. 

22 (a) IN GENERAL.—Chapter 3 of title 10, United States 

23 Code, is amended by inserting after section 127d the fol24 lowing new section: 


jbell on PROD1PC69 with BILLS
487 

•HR 5658 RH

1 ‘‘§ 127e. Authority for support of special operations to 

2 combat terrorism 

3 ‘‘(a) AUTHORITY.—The Secretary of Defense may ex4 pend up to $35,000,000 during any fiscal year to provide 

5 support to foreign forces, irregular forces, groups, or indi6 viduals engaged in supporting or facilitating ongoing mili7 tary operations by United States special operations forces 

8 to combat terrorism. 

9 ‘‘(b) PROCEDURES.—The Secretary of Defense shall es10 tablish procedures for the exercise of the authority under 

11 subsection (a). The Secretary shall notify the congressional 

12 defense committees of those procedures before any exercise 

13 of that authority. 

14 ‘‘(c) NOTIFICATION.—Upon using the authority pro15 vided in subsection (a) to make funds available for support 

16 of an approved military operation, the Secretary of Defense 

17 shall notify the congressional defense committees expedi18 tiously, and in any event within 48 hours, of the use of 

19 such authority with respect to that operation. Such a notifi20 cation need be provided only once with respect to any such 

21 operation. Any such notification shall be in writing. 

22 ‘‘(d) LIMITATION ON DELEGATION.—The authority of 

23 the Secretary of Defense to make funds available under sub24 section (a) for support of a military operation may not be 

25 delegated. 


jbell on PROD1PC69 with BILLS
488 

•HR 5658 RH

1 ‘‘(e) INTELLIGENCE ACTIVITIES.—This section does 

2 not constitute authority to conduct covert action, as such 

3 term is defined in section 503(e) of the National Security 

4 Act of 1947 (50 U.S.C. 413b(e)). 

5 ‘‘(f) ANNUAL REPORT.— 

6 ‘‘(1) REPORT REQUIRED.—Not later than 120 

7 days after the close of each fiscal year, the Secretary 

8 of Defense shall submit to the congressional defense 

9 committees a report on support provided under sub10 section (a) during that fiscal year. 

11 ‘‘(2) MATTERS TO BE INCLUDED.—Each report 

12 required by paragraph (1) shall describe the support 

13 provided, including— 

14 ‘‘(A) the country involved in the activity, 

15 the individual or force receiving the support, 

16 and, to the maximum extent practicable, the spe17 cific region of each country involved in the activ18 ity; 

19 ‘‘(B) the respective dates and a summary of 

20 congressional notifications for each activity; 

21 ‘‘(C) the unified commander for each activ22 ity, as well as the related objectives, as estab23 lished by that commander; 

24 ‘‘(D) the total amount obligated to provide 

25 support; 


jbell on PROD1PC69 with BILLS
489 

•HR 5658 RH

1 ‘‘(E) for each activity that amounts to more 

2 than $500,000, specific budget details that ex3 plain the overall funding level for that activity; 

4 and 

5 ‘‘(F) a statement providing a brief assess6 ment of the outcome of the support, including 

7 specific indications of how the support furthered 

8 the mission objective of special operations forces 

9 and the type of follow-on support, if any, that 

10 may be necessary. 

11 ‘‘(g) ANNUAL LIMITATION.—Support may be provided 

12 under subsection (a) from funds made available for oper13 ations and maintenance.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of chapter 3 of such title is amended by in16 serting after the item relating to section 127d the following 

17 new item: 

‘‘127e. Authority for support of special operations to combat terrorism.’’. 

18 (c) REPEAL.—Section 1208 of the Ronald W. Reagan 

19 National Defense Authorization Act for Fiscal Year 2005 

20 (Public Law 108–375; 118 Stat. 2086) is hereby repealed. 

21 SEC. 1209. REGIONAL DEFENSE COMBATING TERRORISM 

22 FELLOWSHIP PROGRAM. 

23 Section 2249c(b) of title 10, United States Code, is 

24 amended in the first sentence by striking ‘‘$25,000,000’’ 

25 and inserting ‘‘$35,000,000’’. 


jbell on PROD1PC69 with BILLS
490 

•HR 5658 RH

1 Subtitle B—Matters Relating to 

2 Iraq and Afghanistan 

3 SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 CERTAIN PURPOSES RELATING TO IRAQ. 

5 (a) LIMITATION.—No funds appropriated pursuant to 

6 an authorization of appropriations in this Act or any other 

7 Act for any fiscal year may be obligated or expended for 

8 a purpose as follows: 

9 (1) To establish any military installation or base 

10 for the purpose of providing for the permanent sta11 tioning of United States Armed Forces in Iraq. 

12 (2) To exercise United States control of the oil 

13 resources of Iraq. 

14 (b) DEFINITION.—In this section, the term ‘‘permanent 

15 stationing of United States Armed Forces in Iraq’’ means 

16 the stationing of United States Armed Forces in Iraq on 

17 a continuing or lasting basis, as distinguished from tem18 porary, although the basis may be permanent even though 

19 it may be dissolved eventually at the request either of the 

20 United States or of the Government of Iraq, in accordance 

21 with law. 

22 SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS 

23 BETWEEN THE UNITED STATES AND IRAQ. 

24 (a) REQUIREMENT FOR REPORT.— 


jbell on PROD1PC69 with BILLS
491 

•HR 5658 RH

1 (1) IN GENERAL.—(A) Not later than 90 days 

2 after the date of the enactment of this Act, the Presi3 dent shall transmit to the appropriate congressional 

4 committees a report on each agreement between the 

5 United States and Iraq relating to— 

6 (i) the legal status of United States military 

7 personnel, civilian personnel, and contractor per8 sonnel of contracts awarded by any department 

9 or agency of the United States Government; 

10 (ii) the establishment of or access to mili11 tary bases; 

12 (iii) the rules of engagement under which 

13 United States Armed Forces operate in Iraq; and 

14 (iv) any security commitment, arrange15 ment, or assurance that obligates the United 

16 States to respond to internal or external threats 

17 against Iraq. 

18 (B) If, on the date that is 90 days after the date 

19 of the enactment of this Act, no agreement between the 

20 United States and Iraq described in subparagraph 

21 (A) has been completed, the President shall notify the 

22 appropriate congressional committees that no such 

23 agreement has been completed, and shall transmit to 

24 the appropriate congressional committees the report 

25 required under subparagraph (A) as soon as pracVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00491 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
492 

•HR 5658 RH

1 ticable after such an agreement or agreements are 

2 completed. 

3 (2) UPDATE OF REPORT.—The President shall 

4 transmit to the appropriate congressional committees 

5 an update of the report required under paragraph (1) 

6 whenever an agreement between the United States and 

7 Iraq relating to the matters described in the report is 

8 entered into or is substantially revised. 

9 (b) MATTERS TO BE INCLUDED.—The report required 

10 under subsection (a) shall include, with respect to each 

11 agreement described in subsection (a), the following: 

12 (1) A discussion of limits placed on United 

13 States combat operations by the Government of Iraq, 

14 including required coordination, if any, before such 

15 operations can be undertaken. 

16 (2) An assessment of the extent to which condi17 tions placed on United States combat operations are 

18 greater than the conditions under which United 

19 States Armed Forces operated prior to the signing of 

20 the agreement, and any constraints placed on United 

21 States military personnel, civilian personnel, and 

22 contractor personnel of contracts awarded by any de23 partment or agency of the United States Government 

24 as a result of such conditions. 


jbell on PROD1PC69 with BILLS
493 

•HR 5658 RH

1 (3) A discussion of the conditions under which 

2 United States military personnel, civilian personnel, 

3 or contractor personnel of contracts awarded by any 

4 department or agency of the United States Govern5 ment could be tried by an Iraqi court for alleged 

6 crimes occurring both during the performance of offi7 cial duties and during other such times. The discus8 sion should include an assessment of the protections 

9 that such personnel would be extended in an Iraqi 

10 court, if applicable. 

11 (4) An assessment of the protections accorded by 

12 the agreement to third country nationals who carry 

13 out work for the United States Armed Forces. 

14 (5) An assessment of authorities under the agree15 ment for United States Armed Forces and Coalition 

16 partners to apprehend, detain, and interrogate pris17 oners and otherwise collect intelligence. 

18 (6) A description and discussion of any security 

19 commitment, arrangement, or assurance by the 

20 United States to respond to internal or external 

21 threats against Iraq, including the manner in which 

22 such commitment, arrangement, or assurance may be 

23 implemented. 

24 (7) An assessment of any payments required 

25 under the agreement to be paid to the Government of 


jbell on PROD1PC69 with BILLS
494 

•HR 5658 RH

1 Iraq or other Iraqi entities for rights, access, or sup2 port for bases and facilities. 

3 (8) An assessment of any payments required 

4 under the agreement for any claims for deaths and 

5 damages caused by United States military personnel, 

6 civilian personnel, and contractor personnel of con7 tracts awarded by any department or agency of the 

8 United States Government in the performance of their 

9 official duties. 

10 (9) An assessment of any other provisions in the 

11 agreement that would restrict the performance of the 

12 mission of United States military personnel, civilian 

13 personnel, and contractor personnel of contracts 

14 awarded by any department or agency of the United 

15 States Government. 

16 (10) A discussion of how the agreement or modi17 fication to the agreement was approved by the Gov18 ernment of Iraq, and if this process was consistent 

19 with the Constitution of Iraq. 

20 (11) A description of the arrangements required 

21 under the agreement to resolve disputes arising over 

22 matters contained in the agreement or to consider 

23 changes to the agreement. 

24 (12) A discussion of the extent to which the 

25 agreement applies to other Coalition partners. 


jbell on PROD1PC69 with BILLS
495 

•HR 5658 RH

1 (13) A description of how the agreement can be 

2 terminated by the United States or Iraq. 

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

4 shall be submitted in unclassified form, but may include 

5 a classified annex. 

6 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED.—In this section, the term ‘‘appropriate congres8 sional committees’’ means— 

9 (1) the Committee on Armed Services and the 

10 Committee on Foreign Affairs of the House of Rep11 resentatives; and 

12 (2) the Committee on Armed Services and the 

13 Committee on Foreign Relations of the Senate. 

14 (e) TERMINATION OF REQUIREMENT.—The require15 ment to submit the report and updates of the report under 

16 subsection (a) terminates on September 30, 2013. 

17 SEC. 1213. STRATEGY FOR UNITED STATES-LED PROVIN18 CIAL RECONSTRUCTION TEAMS IN IRAQ. 

19 (a) IN GENERAL.—The President shall— 

20 (1) establish a strategy to ensure that United 

21 States-led Provincial Reconstruction Teams (PRTs), 

22 including embedded PRTs and Provincial Support 

23 Teams, in Iraq are supporting the operational and 

24 strategic goals of Coalition Forces in Iraq; and 


jbell on PROD1PC69 with BILLS
496 

•HR 5658 RH

1 (2) establish measures of effectiveness and per2 formance in meeting PRT-specific work plans with 

3 clearly defined objectives in furtherance of the strategy 

4 required under paragraph (1). 

5 (b) REPORT.— 

6 (1) IN GENERAL.—Not later than 60 days after 

7 the date of the enactment of this Act, and every 90 

8 days thereafter through the end of fiscal year 2010, 

9 the President shall transmit to the appropriate con10 gressional committees a report on the implementation 

11 of the strategy required under subsection (a) and an 

12 assessment of the specific contributions PRTs are 

13 making in supporting the operational and strategic 

14 goals of Coalition Forces in Iraq. The initial report 

15 required under this subsection should include a de16 scription of the strategy and a general discussion of 

17 the measures of effectiveness and performance required 

18 under subsection (a). 

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

20 required under this subsection may be included in the 

21 report required by section 1227 of the National De22 fense Authorization Act for Fiscal Year 2006 (Public 

23 Law 109–163; 119 Stat. 3465). 


jbell on PROD1PC69 with BILLS
497 

•HR 5658 RH

1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘‘appropriate congres3 sional committees’’ means— 

4 (1) the Committee on Armed Services, the Com5 mittee on Appropriations, and the Committee on For6 eign Affairs of the House of Representatives; and 

7 (2) the Committee on Armed Services, the Com8 mittee on Appropriations, and the Committee on For9 eign Relations of the Senate. 

10 SEC. 1214. COMMANDERS’ EMERGENCY RESPONSE PRO11 GRAM. 

12 (a) AUTHORITY FOR FISCAL YEARS 2008 AND 2009.— 

13 Subsection (a) of section 1202 of the National Defense Au14 thorization Act for Fiscal Year 2006 (Public Law 109–163; 

15 119 Stat. 3455), as amended by section 1205 of Public Law 

16 110–181 (122 Stat. 366), is further amended in the matter 

17 preceding paragraph (1)— 

18 (1) by striking ‘‘$977,441,000’’ and inserting 

19 ‘‘$1,700,000,000 in fiscal year 2008 and 

20 $1,500,000,000 in fiscal year 2009,’’; and 

21 (2) by striking ‘‘in such fiscal year’’. 

22 (b) LIMITATION ON AMOUNTS FOR IRAQ FOR FISCAL

23 YEAR 2009.—Such section is further amended by adding 

24 at the end the following: 


jbell on PROD1PC69 with BILLS
498 

•HR 5658 RH

1 ‘‘(f) LIMITATION ON AMOUNTS FOR IRAQ FOR FISCAL

2 YEAR 2009.— 

3 ‘‘(1) LIMITATION.—The amount obligated and 

4 expended under this section for the Commanders’ 

5 Emergency Response Program in Iraq for fiscal year 

6 2009 may not exceed twice the amount obligated by 

7 the Government of Iraq during calendar year 2008 

8 under the Government of Iraq Commanders’ Emer9 gency Response Program (commonly known as ‘I– 

10 CERP’), as established pursuant to the Memorandum 

11 of Understanding Between the Supreme Reconstruc12 tion Council of the Secretariat of Ministers and the 

13 Multi-National Force-Iraq Concerning Implementa14 tion of the Government of Iraq Commanders’ Emer15 gency Response Program (I–CERP), signed by the 

16 parties on March 25, 2008, and April 3, 2008, respec17 tively. 

18 ‘‘(2) WAIVER.—The Secretary of Defense may 

19 waive the limitation under paragraph (1) if the Sec20 retary of Defense— 

21 ‘‘(A) determines that such a waiver is re22 quired to meet urgent and compelling needs that 

23 would not otherwise be met and which, if unmet, 

24 could rationally be expected to lead to increased 


jbell on PROD1PC69 with BILLS
499 

•HR 5658 RH

1 threats to United States military or civilian per2 sonnel; and 

3 ‘‘(B) submits in writing to the appropriate 

4 congressional committees a notification of the 

5 waiver, together with a discussion of— 

6 ‘‘(i) the unmet urgent and compelling 

7 needs and the impact on the threat level fac8 ing United States military or civilian per9 sonnel, if the waiver is not exercised; 

10 ‘‘(ii) efforts undertaken by the Depart11 ment of Defense to convince the Government 

12 of Iraq to provide funds to meet the urgent 

13 and compelling needs and the reason these 

14 efforts were unsuccessful; and 

15 ‘‘(iii) efforts of the Department of De16 fense to convince the Government of Iraq to 

17 provide additional funds in the future to 

18 meet such urgent and compelling needs or to 

19 undertake other measures to meet such needs 

20 on their own. 

21 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES

22 DEFINED.—In this subsection, the term ‘appropriate 

23 congressional committees’ means— 

24 ‘‘(A) the Committees on Armed Services of 

25 the House of Representatives and the Senate; and 


jbell on PROD1PC69 with BILLS
500 

•HR 5658 RH

1 ‘‘(B) the Committees on Appropriations of 

2 the House of Representatives and the Senate.’’. 

3 SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR 

4 UNITED STATES-LED PROVINCIAL RECON5 STRUCTION TEAMS IN AFGHANISTAN. 

6 (a) IN GENERAL.—The President, acting through the 

7 Secretary of Defense and the Secretary of State, shall de8 velop and implement a system to monitor the performance 

9 of United States-led Provincial Reconstruction Teams 

10 (PRTs) in Afghanistan. 

11 (b) ELEMENTS OF PERFORMANCE MONITORING SYS12 TEM.—The performance monitoring system required under 

13 subsection (a)— 

14 (1) shall include PRT-specific work plans that 

15 incorporate the long-term strategy, mission, and 

16 clearly defined objectives required by section 

17 1230(c)(3) of the National Defense Authorization Act 

18 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

19 386); and 

20 (2) shall include comprehensive performance in21 dicators and measures of progress toward sustainable 

22 long-term security and stability in Afghanistan, and 

23 include performance standards and progress goals to24 gether with a notional timetable for achieving such 

25 goals, consistent with the requirements of section 


jbell on PROD1PC69 with BILLS
501 

•HR 5658 RH

1 1230(d) of the National Defense Authorization Act for 

2 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

3 388). 

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

5 of the enactment of this Act, the President shall submit to 

6 the appropriate congressional committees a report on the 

7 implementation of the performance monitoring system re8 quired under subsection (a). 

9 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE10 FINED.—In this section, the term ‘‘appropriate congres11 sional committees’’ means— 

12 (1) the Committee on Armed Services, the Com13 mittee on Appropriations, and the Committee on For14 eign Affairs of the House of Representatives; and 

15 (2) the Committee on Armed Services, the Com16 mittee on Appropriations, and the Committee on For17 eign Relations of the Senate. 

18 SEC. 1216. REPORT ON COMMAND AND CONTROL STRUC19 TURE FOR MILITARY FORCES OPERATING IN 

20 AFGHANISTAN. 

21 (a) SENSE OF CONGRESS.—It is the sense of Congress 

22 that the command and control structure for military forces 

23 operating in Afghanistan, which consist of North Atlantic 

24 Treaty Organization (NATO) International Security As25 sistance Force (ISAF) forces and separate United States 


jbell on PROD1PC69 with BILLS
502 

•HR 5658 RH

1 forces operating under Operation Enduring Freedom, 

2 should be modified to better coordinate and de-conflict mili3 tary operations and achieve unity of command and unity 

4 of effort whenever possible in Afghanistan. 

5 (b) REPORT REQUIRED.— 

6 (1) IN GENERAL.—Not later than 60 days after 

7 the date of the enactment of this Act, or December 1, 

8 2008, whichever occurs later, the Secretary of Defense 

9 shall submit to the appropriate congressional commit10 tees a report on the command and control structure 

11 for military forces operating in Afghanistan. 

12 (2) MATTERS TO BE INCLUDED.—The report re13 quired under paragraph (1) shall include the fol14 lowing: 

15 (A) A detailed description of efforts by the 

16 Secretary of Defense, in coordination with senior 

17 leaders of NATO ISAF forces, including the com18 mander of NATO ISAF forces, to modify the 

19 chain of command structure for military forces 

20 operating in Afghanistan to better coordinate 

21 and de-conflict military operations and achieve 

22 unity of command whenever possible in Afghani23 stan, and the results of such efforts. 

24 (B) A comprehensive assessment of options 

25 for improving the command and control strucVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
503 

•HR 5658 RH

1 ture for military forces operating in Afghani2 stan, including— 

3 (i) the establishment by the United 

4 States Central Command of a United States 

5 headquarters in Kabul, Afghanistan, led by 

6 a commander holding the grade of lieuten7 ant general, or in the case of the Navy, vice 

8 admiral, and charged with— 

9 (I) leading United States Armed 

10 Forces operating under Operation En11 during Freedom; 

12 (II) leading country-wide Depart13 ment of Defense–led initiatives; and 

14 (III) closely coordinating efforts 

15 with NATO ISAF forces, the United 

16 States Embassy in Afghanistan, and 

17 other United States and international 

18 elements in Afghanistan; and 

19 (ii) authorization for the highest-rank20 ing United States commander of NATO 

21 ISAF forces to have additional command 

22 authority over separate United States forces 

23 operating under Operation Enduring Free24 dom. 


jbell on PROD1PC69 with BILLS
504 

•HR 5658 RH

1 (C) A detailed description of any United 

2 States or NATO ISAF plan or strategy for im3 proving the command and control structure for 

4 military forces operating in Afghanistan. 

5 (D) A description of how rules of engage6 ment are determined and managed for United 

7 States forces operating under NATO ISAF or 

8 Operation Enduring Freedom, and a description 

9 of any key differences between rules of engage10 ment for NATO ISAF forces and separate 

11 United States forces operating under Operation 

12 Enduring Freedom. 

13 (E) An assessment of how possible modifica14 tions to the command and control structure for 

15 military forces operating in Afghanistan would 

16 impact coordination of military and civilian ef17 forts in Afghanistan. 

18 (3) FORM.—The report required under para19 graph (1) shall be submitted in an unclassified form, 

20 but may include a classified annex, if necessary. 

21 (4) APPROPRIATE CONGRESSIONAL COMMITTEES

22 DEFINED.—In this subsection, the term ‘‘appropriate 

23 congressional committees’’ means— 


jbell on PROD1PC69 with BILLS
505 

•HR 5658 RH

1 (A) the Committee on Armed Services and 

2 the Committee on Foreign Affairs of the House 

3 of Representatives; and 

4 (B) the Committee on Armed Services and 

5 the Committee on Foreign Relations of the Sen6 ate. 

7 SEC. 1217. REPORT ON ENHANCING SECURITY AND STA8 BILITY IN THE REGION ALONG THE BORDER 

9 OF AFGHANISTAN AND PAKISTAN. 

10 (a) REPORT REQUIRED.—Subsection (a) of section 

11 1232 of the National Defense Authorization Act for Fiscal 

12 Year 2008 (Public Law 110–181; 122 Stat. 392) is amended 

13 by striking paragraph (5). 

14 (b) NOTIFICATION RELATING TO DEPARTMENT OF DE15 FENSE COALITION SUPPORT FUNDS FOR PAKISTAN.—Sub16 section (b)(1)(A) of such section is amended by striking 

17 ‘‘congressional defense committees’’ and inserting ‘‘appro18 priate congressional committees’’. 

19 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE20 FINED.—Such section is further amended by adding at the 

21 end the following: 

22 ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘appropriate congres24 sional committees’ means— 


jbell on PROD1PC69 with BILLS
506 

•HR 5658 RH

1 ‘‘(1) the Committee on Armed Services, the Com2 mittee on Appropriations, and the Committee on For3 eign Affairs of the House of Representatives; and 

4 ‘‘(2) the Committee on Armed Services, the Com5 mittee on Appropriations, and the Committee on For6 eign Relations of the Senate.’’. 

7 SEC. 1218. STUDY AND REPORT ON IRAQI POLICE TRAINING 

8 TEAMS. 

9 (a) STUDY.—Not later than 60 days after the date of 

10 the enactment of this Act, the Secretary of Defense, in con11 sultation with the Secretary of State and the Government 

12 of Iraq, shall conduct a study and submit to the appropriate 

13 congressional committees a report containing the rec14 ommendations of the Secretary of Defense on— 

15 (1) the number of advisors needed to sufficiently 

16 staff enough Iraqi police training teams to cover a 

17 majority of the approximately 1,100 Iraqi police sta18 tions in fiscal year 2009 and estimated levels in fiscal 

19 year 2010; 

20 (2) the funding required to staff the Iraqi police 

21 training teams in fiscal year 2009 and estimated lev22 els in fiscal year 2010; and 

23 (3) the feasibility of transferring responsibility 

24 for the program to staff and support the Iraqi police 


jbell on PROD1PC69 with BILLS
507 

•HR 5658 RH

1 training teams from the Department of Defense to the 

2 Department of State. 

3 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

4 this section, the term ‘‘appropriate congressional commit5 tees’’ means— 

6 (1) the Committee on Armed Services and the 

7 Committee on Foreign Affairs of the House of Rep8 resentatives; and 

9 (2) the Committee on Armed Services and the 

10 Committee on Foreign Relations of the Senate. 

11 Subtitle C—Other Matters 

12 SEC. 1221. PAYMENT OF PERSONNEL EXPENSES FOR MULTI13 LATERAL COOPERATION PROGRAMS. 

14 (a) IN GENERAL.—Section 1051 of title 10, United 

15 States Code, is amended— 

16 (1) in the heading, by striking ‘‘Bilateral or 

17 regional’’ and inserting ‘‘Bilateral, multilat18 eral, or regional’’; 

19 (2) in subsection (a), by striking ‘‘bilateral or re20 gional’’ and inserting ‘‘bilateral, multilateral, or re21 gional’’; 

22 (3) in subsection (b)— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘to and within’’ and in25 serting ‘‘to, from, and within’’; and 


jbell on PROD1PC69 with BILLS
508 

•HR 5658 RH

1 (ii) by striking ‘‘bilateral or regional’’ 

2 and inserting ‘‘bilateral, multilateral, or re3 gional’’; and 

4 (B) in paragraph (2), by striking ‘‘bilateral 

5 or regional’’ and inserting ‘‘bilateral, multilat6 eral, or regional’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(e) Funds available under this section for fiscal year 

9 2009 and subsequent fiscal years may be used for programs 

10 that begin in such fiscal year but end in the next fiscal 

11 year.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections at 

13 the beginning of chapter 53 of such title is amended by 

14 striking the item relating to section 1051 and inserting the 

15 following: 

‘‘1051. Bilateral, multilateral, or regional cooperation programs: payment of personnel expenses.’’. 

16 SEC. 1222. EXTENSION OF DEPARTMENT OF DEFENSE AU17 THORITY TO PARTICIPATE IN MULTI18 NATIONAL MILITARY CENTERS OF EXCEL19 LENCE. 

20 (a) EXTENSION OF AUTHORITY.—Subsection (a) of sec21 tion 1205 of the John Warner National Defense Authoriza22 tion Act for Fiscal Year 2007 (Public Law 109–364; 120 

23 Stat. 2416), as amended by section 1204 of Public Law 

24 110–181 (122 Stat. 365), is further amended by striking 


jbell on PROD1PC69 with BILLS
509 

•HR 5658 RH

1 ‘‘fiscal years 2007 and 2008’’ and inserting ‘‘fiscal years 

2 2007, 2008, and 2009’’. 

3 (b) LIMITATION ON AMOUNTS AVAILABLE FOR PAR4 TICIPATION.—Subsection (e)(2) of such section is amend5 ed— 

6 (1) in subparagraph (A), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (B), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

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

11 ‘‘(C) in fiscal year 2009, $5,000,000.’’. 

12 (c) REPORTS.—Subsection (g)(1) of such section is 

13 amended— 

14 (1) by striking ‘‘and October 31, 2008,’’ and in15 serting ‘‘October 31, 2008, and October 31, 2009,’’; 

16 and 

17 (2) by striking ‘‘fiscal years 2007 and 2008’’ and 

18 inserting ‘‘fiscal years 2007, 2008, and 2009’’. 

19 SEC. 1223. STUDY OF LIMITATION ON CLASSIFIED CON20 TRACTS WITH FOREIGN COMPANIES EN21 GAGED IN SPACE BUSINESS WITH CHINA. 

22 (a) LIMITATION.— 

23 (1) IN GENERAL.—Subject to subsection (b), no 

24 funds appropriated pursuant to an authorization of 

25 appropriations in this Act or otherwise made availVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00509 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
510 

•HR 5658 RH

1 able for the Department of Defense for fiscal year 

2 2009 or any fiscal year thereafter may be obligated 

3 or expended under one or more contracts for classified 

4 work between the Department of Defense and a for5 eign-owned company if that company, or any parent, 

6 sister, subsidiary, or affiliate of that company, is en7 gaged with China in the development, manufacture, 

8 or launch of ITAR-free satellites. 

9 (2) EXCEPTION.—Paragraph (1) does not apply 

10 to a foreign-owned company if the Secretary of De11 fense, in consultation with the Secretary of State, sub12 mits to Congress a certification that— 

13 (A) no satellite or space launch vehicle tech14 nology, technical information, or intellectual 

15 property gained by the foreign-owned company 

16 through the contracts for classified work referred 

17 to in paragraph (1) is being disclosed (inten18 tionally or unintentionally) in a manner that 

19 may improve China’s satellite, rocket, or missile 

20 capabilities; and 

21 (B) it is in the national security interests 

22 of the Department to continue to enter into con23 tracts for classified work with the foreign-owned 

24 company. 

25 (b) STUDY AND SUSPENSION OF LIMITATION.— 


jbell on PROD1PC69 with BILLS
511 

•HR 5658 RH

1 (1) STUDY.—The Secretary of Defense shall con2 duct a study of the implications of imposing a limita3 tion such as the limitation in subsection (a) and shall 

4 provide the study to the congressional defense commit5 tees not later than 60 days after the date of the enact6 ment of this Act. 

7 (2) SUSPENSION OF LIMITATION.—The Secretary 

8 shall suspend the application of the limitation in sub9 section (a) until— 

10 (A) the Secretary has completed the study 

11 required by paragraph (1); 

12 (B) the Secretary has determined, as a re13 sult of the study, that applying the limitation in 

14 subsection (a) promotes the national interest; 

15 and 

16 (C) the Secretary has submitted to the Com17 mittees on Armed Services of the Senate and 

18 House of Representatives a report on the results 

19 of the study, including the rationale for the de20 termination described in subparagraph (B). 

21 (c) DEFINITIONS.—In this section: 

22 (1) The term ‘‘ITAR-free satellite’’ applies to a 

23 satellite if no component of the satellite and no tech24 nical information relating to the satellite is subject to 


jbell on PROD1PC69 with BILLS
512 

•HR 5658 RH

1 export controls specified in the International Traffic 

2 in Arms Regulations. 

3 (2) The term ‘‘International Traffic in Arms 

4 Regulations’’ means those regulations contained in 

5 parts 120 through 130 of title 22, Code of Federal 

6 Regulations (or successor regulations). 

7 SEC. 1224. SENSE OF CONGRESS AND CONGRESSIONAL 

8 BRIEFINGS ON READINESS OF THE ARMED 

9 FORCES AND REPORT ON NUCLEAR WEAPONS 

10 CAPABILITIES OF IRAN. 

11 (a) SENSE OF CONGRESS.—It is the sense of Congress 

12 that the Department of Defense should return the Armed 

13 Forces to a state of full readiness so that they are fully pre14 pared to execute the National Military Strategy, including 

15 the full range of contingencies that could occur in the Mid16 dle East region. 

17 (b) REQUIREMENT FOR BRIEFINGS.—Not later than 

18 90 days after the date of the enactment of this Act, and 

19 every 180 days thereafter until July 1, 2010, the Secretary 

20 of Defense shall provide for briefings for the Committees on 

21 Armed Services of the Senate and the House of Representa22 tives on matters pertaining to the preparation for contin23 gencies described in subsection (a), including a comprehen24 sive description of the information used in the preparation 

25 of contingency plans relating to the military and nuclear 


jbell on PROD1PC69 with BILLS
513 

•HR 5658 RH

1 capabilities of countries in the Middle East that are part 

2 of the Central Command Area of Responsibility. 

3 (c) REPORT ON NUCLEAR WEAPONS CAPABILITIES OF

4 IRAN.— 

5 (1) REPORT REQUIREMENT.—Not later than 

6 March 1 each year, the Secretary of Defense shall sub7 mit a report to the congressional defense committees, 

8 in both classified and unclassified form, on the ele9 ments identified in paragraph (2) addressing the cur10 rent and future nuclear weapons capabilities of the 

11 Islamic Republic of Iran. 

12 (2) ELEMENTS.—The elements that shall be in13 cluded in the report, at a minimum, include— 

14 (A) locations, types, and number of cen15 trifuges that the Islamic Republic of Iran has in16 stalled and in operation to enrich uranium at 

17 the Natanz facility and any other facility to en18 rich uranium; 

19 (B) locations, types, and number of cen20 trifuges that the Islamic Republic of Iran plans 

21 to install and operate at the Natanz facility and 

22 any other facility to enrich uranium, estimated 

23 by time periods of near, mid, and far-term ep24 ochs; 


jbell on PROD1PC69 with BILLS
514 

•HR 5658 RH

1 (C) number of nuclear weapons that could 

2 be made from the enriched uranium that the Is3 lamic Republic of Iran has produced to date and 

4 is anticipated to produce, estimated by time pe5 riods of near, mid, and far-term epochs; 

6 (D) number of nuclear weapons that could 

7 be made from the plutonium produced by the 

8 Bushehr nuclear reactor and any other nuclear 

9 reactor in the Islamic Republic of Iran to date, 

10 and number of weapons that could be made in 

11 the future, estimated by time periods of near, 

12 mid, and far-term epochs; 

13 (E) a description of the safeguard and secu14 rity measures in place at the Bushehr nuclear re15 actor and at any other nuclear reactor in the Is16 lamic Republic of Iran to prevent Iran from re17 processing spent plutonium; 

18 (F) a description of weaponization activi19 ties, such as the design, development, or test of 

20 nuclear weapon or weapon related-components, 

21 estimated by time periods of near, mid, and far22 term epochs; 

23 (G) numbers, types, and performance of sys24 tems which could provide a means to deliver a 


jbell on PROD1PC69 with BILLS
515 

•HR 5658 RH

1 nuclear warhead, estimated by time periods of 

2 near, mid, and far-term epochs; and 

3 (H) a summary of assessments of other key 

4 nations, such as Israel and France, of the Is5 lamic Republic of Iran’s nuclear program, capa6 bilities, and timelines for acquiring nuclear 

7 weapons capabilities, and their judgment of the 

8 threat. 

9 (3) NOTIFICATION.—The Secretary of Defense 

10 shall provide the congressional defense committees 

11 with written notification within 15 days of assessing 

12 that the Islamic Republic of Iran produces enough en13 riched uranium or plutonium for a nuclear weapon. 

14 (4) DEFINITION.—In this subsection, the term 

15 ‘‘nuclear weapons capabilities’’ means the nuclear 

16 material, weaponization activities, and delivery sys17 tem. 

18 TITLE XIII—COOPERATIVE 

19 THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

20 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE21 DUCTION PROGRAMS AND FUNDS. 

22 (a) SPECIFICATION OF COOPERATIVE THREAT REDUC23 TION PROGRAMS.—For purposes of section 301 and other 

24 provisions of this Act, Cooperative Threat Reduction proVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00515 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
516 

•HR 5658 RH

1 grams are the programs specified in section 1501 of the Na2 tional Defense Authorization Act for Fiscal Year 1997 (50 

3 U.S.C. 2362 note), as amended by section 1303 of the Na4 tional Defense Authorization Act for Fiscal Year 2008 (Pub5 lic Law 110–181; 122 Stat. 412). 

6 (b) FISCAL YEAR 2009 COOPERATIVE THREAT REDUC7 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis8 cal year 2009 Cooperative Threat Reduction funds’’ means 

9 the funds appropriated pursuant to the authorization of ap10 propriations in section 301 for Cooperative Threat Reduc11 tion programs. 

12 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

13 pursuant to the authorization of appropriations in section 

14 301 for Cooperative Threat Reduction programs shall be 

15 available for obligation for fiscal years 2009, 2010, and 

16 2011. 

17 SEC. 1302. FUNDING ALLOCATIONS. 

18 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

19 $445,135,000 authorized to be appropriated to the Depart20 ment of Defense for fiscal year 2009 in section 301(19) for 

21 Cooperative Threat Reduction programs, the following 

22 amounts may be obligated for the purposes specified: 

23 (1) For strategic offensive arms elimination in 

24 Russia, $79,985,000. 


jbell on PROD1PC69 with BILLS
517 

•HR 5658 RH

1 (2) For strategic nuclear arms elimination in 

2 Ukraine, $6,400,000. 

3 (3) For nuclear weapons storage security in Rus4 sia, $24,101,000. 

5 (4) For nuclear weapons transportation security 

6 in Russia, $40,800,000. 

7 (5) For weapons of mass destruction prolifera8 tion prevention in the states of the former Soviet 

9 Union, $70,286,000. 

10 (6) For biological threat reduction in the former 

11 Soviet Union, $184,463,000. 

12 (7) For chemical weapons destruction, 

13 $1,000,000. 

14 (8) For defense and military contacts, 

15 $8,000,000. 

16 (9) For new Cooperative Threat Reduction ini17 tiatives, $10,000,000. 

18 (10) For activities designated as Other Assess19 ments/Administrative Costs, $20,100,000. 

20 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

21 FUNDS FOR OTHER PURPOSES.—No fiscal year 2009 Coop22 erative Threat Reduction funds may be obligated or ex23 pended for a purpose other than a purpose listed in para24 graphs (1) through (9) of subsection (a) until 30 days after 

25 the date that the Secretary of Defense submits to Congress 


jbell on PROD1PC69 with BILLS
518 

•HR 5658 RH

1 a report on the purpose for which the funds will be obligated 

2 or expended and the amount of funds to be obligated or ex3 pended. Nothing in the preceding sentence shall be construed 

4 as authorizing the obligation or expenditure of fiscal year 

5 2009 Cooperative Threat Reduction funds for a purpose for 

6 which the obligation or expenditure of such funds is specifi7 cally prohibited under this title or any other provision of 

8 law. 

9 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

10 AMOUNTS.— 

11 (1) IN GENERAL.—Subject to paragraph (2), in 

12 any case in which the Secretary of Defense determines 

13 that it is necessary to do so in the national interest, 

14 the Secretary may obligate amounts appropriated for 

15 fiscal year 2009 for a purpose listed in paragraphs 

16 (1) through (9) of subsection (a) in excess of the spe17 cific amount authorized for that purpose. 

18 (2) NOTICE-AND-WAIT REQUIRED.—An obligation 

19 of funds for a purpose stated in paragraphs (1) 

20 through (9) of subsection (a) in excess of the specific 

21 amount authorized for such purpose may be made 

22 using the authority provided in paragraph (1) only 

23 after— 

24 (A) the Secretary submits to Congress noti25 fication of the intent to do so together with a 


jbell on PROD1PC69 with BILLS
519 

•HR 5658 RH

1 complete discussion of the justification for doing 

2 so; and 

3 (B) 15 days have elapsed following the date 

4 of the notification. 

5 TITLE XIV—OTHER 

6 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 

Sec. 1421. Armed Forces Retirement Home. 

Subtitle D—Inapplicability of Executive Order 13457 

Sec. 1431. Inapplicability of Executive Order 13457. 

7 Subtitle A—Military Programs 

8 SEC. 1401. WORKING CAPITAL FUNDS. 

9 Funds are hereby authorized to be appropriated for fis10 cal year 2009 for the use of the Armed Forces and other 

11 activities and agencies of the Department of Defense for 

12 providing capital for working capital and revolving funds 

13 in amounts as follows: 

14 (1) For the Defense Working Capital Funds, 

15 $198,150,000. 


jbell on PROD1PC69 with BILLS
520 

•HR 5658 RH

1 (2) For the Defense Working Capital Fund, De2 fense Commissary, $1,291,084,000. 

3 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2009 for the National Defense Sealift Fund in the 

6 amount of $1,401,553,000. 

7 SEC. 1403. DEFENSE HEALTH PROGRAM. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

9 hereby authorized to be appropriated for the Department 

10 of Defense for fiscal year 2009 for expenses, not otherwise 

11 provided for, for the Defense Health Program, in the 

12 amount of $24,746,172,000, of which— 

13 (1) $24,259,029,000 is for Operation and Main14 tenance; 

15 (2) $198,738,000 is for Research, Development, 

16 Test, and Evaluation; and 

17 (3) $288,405,000 is for Procurement. 

18 (b) TRANSFER FROM NATIONAL DEFENSE STOCKPILE

19 TRANSACTION FUND TO SUPPORT DEFENSE HEALTH PRO20 GRAM.—Of the total amount specified in subsection (a), up 

21 to $1,300,000,000 shall be derived, to the extent specifically 

22 provided in advance in an appropriations Act for fiscal 

23 year 2009, by transfer from the unobligated balances of the 

24 National Defense Stockpile Transaction Fund. 


jbell on PROD1PC69 with BILLS
521 

•HR 5658 RH

1 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC2 TION, DEFENSE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

4 hereby authorized to be appropriated for the Department 

5 of Defense for fiscal year 2009 for expenses, not otherwise 

6 provided for, for Chemical Agents and Munitions Destruc7 tion, Defense, in the amount of $1,485,634,000, of which— 

8 (1) $1,152,668,000 is for Operation and Mainte9 nance; 

10 (2) $268,881,000 is for Research, Development, 

11 Test, and Evaluation; and 

12 (3) $64,085,000 is for Procurement. 

13 (b) USE.—Amounts authorized to be appropriated 

14 under subsection (a) are authorized for— 

15 (1) the destruction of lethal chemical agents and 

16 munitions in accordance with section 1412 of the De17 partment of Defense Authorization Act, 1986 (50 

18 U.S.C. 1521); and 

19 (2) the destruction of chemical warfare materiel 

20 of the United States that is not covered by section 

21 1412 of such Act. 

22 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC23 TIVITIES, DEFENSE-WIDE. 

24 Funds are hereby authorized to be appropriated for the 

25 Department of Defense for fiscal year 2009 for expenses, not 

26 otherwise provided for, for Drug Interdiction and CounterVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
522 

•HR 5658 RH

1 Drug Activities, Defense-wide, in the amount of 

2 $1,060,463,000. 

3 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

4 Funds are hereby authorized to be appropriated for the 

5 Department of Defense for fiscal year 2009 for expenses, not 

6 otherwise provided for, for the Office of the Inspector Gen7 eral of the Department of Defense, in the amount of 

8 $273,845,000, of which— 

9 (1) $270,445,000 is for Operation and Mainte10 nance; and 

11 (2) $3,400,000 is for Procurement. 

12 Subtitle B—National Defense 

13 Stockpile 

14 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

15 STOCKPILE FUNDS. 

16 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis17 cal year 2009, the National Defense Stockpile Manager may 

18 obligate up to $41,153,000 of the funds in the National De19 fense Stockpile Transaction Fund established under sub20 section (a) of section 9 of the Strategic and Critical Mate21 rials Stock Piling Act (50 U.S.C. 98h) for the authorized 

22 uses of such funds under subsection (b)(2) of such section, 

23 including the disposal of hazardous materials that are envi24 ronmentally sensitive. 


jbell on PROD1PC69 with BILLS
523 

•HR 5658 RH

1 (b) ADDITIONAL OBLIGATIONS.—The National Defense 

2 Stockpile Manager may obligate amounts in excess of the 

3 amount specified in subsection (a) if the National Defense 

4 Stockpile Manager notifies Congress that extraordinary or 

5 emergency conditions necessitate the additional obligations. 

6 The National Defense Stockpile Manager may make the ad7 ditional obligations described in the notification after the 

8 end of the 45-day period beginning on the date on which 

9 Congress receives the notification. 

10 (c) LIMITATIONS.—The authorities provided by this 

11 section shall be subject to such limitations as may be pro12 vided in appropriations Acts. 

13 SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DIS14 POSALS FROM THE NATIONAL DEFENSE 

15 STOCKPILE. 

16 (a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec17 tion 3303(a)(7) of the Strom Thurmond National Defense 

18 Authorization Act for Fiscal Year 1999 (Public Law 105– 

19 261; 50 U.S.C. 98d note), as most recently amended by sec20 tion 1412(b) of the National Defense Authorization Act for 

21 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 418), is 

22 further amended by striking ‘‘$1,066,000,000 by the end of 

23 fiscal year 2015’’ and inserting ‘‘$1,476,000,000 by the end 

24 of fiscal year 2016’’. 


jbell on PROD1PC69 with BILLS
524 

•HR 5658 RH

1 (b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Sec2 tion 3305(a)(5) of the National Defense Authorization Act 

3 for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d 

4 note), as most recently amended by section 3302(b) of the 

5 John Warner National Defense Authorization Act for Fiscal 

6 Year 2007 (Public Law 109–364; 120 Stat. 2513), is further 

7 amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 

8 Subtitle C—Armed Forces 

9 Retirement Home 

10 SEC. 1421. ARMED FORCES RETIREMENT HOME. 

11 There is authorized to be appropriated for fiscal year 

12 2009 from the Armed Forces Retirement Home Trust Fund 

13 the sum of $63,010,000 for the operation of the Armed 

14 Forces Retirement Home. 

15 Subtitle D—Inapplicability of 

16 Executive Order 13457 

17 SEC. 1431. INAPPLICABILITY OF EXECUTIVE ORDER 13457. 

18 Executive Order 13457, and any successor to that Ex19 ecutive Order, shall not apply to this Act or to the Joint 

20 Explanatory Statement submitted by the Committee of Con21 ference for the conference report to accompany this Act or 

22 to H. Rept. lll or S. Rept. lll. 


jbell on PROD1PC69 with BILLS
525 

•HR 5658 RH

1 TITLE XV—AUTHORIZATION OF 

2 ADDITIONAL APPROPRIA3 TIONS FOR OPERATION IRAQI 

4 FREEDOM AND OPERATION 

5 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. 

6 SEC. 1501. PURPOSE. 

7 The purpose of this title is to authorize appropriations 

8 for the Department of Defense for fiscal year 2009 to pro9 vide additional funds for Operation Iraqi Freedom and Op10 eration Enduring Freedom. 

11 SEC. 1502. ARMY PROCUREMENT. 

12 Funds are hereby authorized to be appropriated for fis13 cal year 2009 for procurement accounts of the Army in 

14 amounts as follows: 

15 (1) For aircraft procurement, $84,000,000. 


jbell on PROD1PC69 with BILLS
526 

•HR 5658 RH

1 (2) For weapons and tracked combat vehicles 

2 procurement, $822,674,000. 

3 (3) For ammunition procurement, $46,500,000. 

4 (4) For other procurement, $1,255,050,000. 

5 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

6 (a) NAVY.—Funds are hereby authorized to be appro7 priated for fiscal year 2009 for other procurement for the 

8 Navy in the amount of $476,248,000. 

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

10 be appropriated for fiscal year 2009 for the procurement 

11 account for the Marine Corps in the amount of 

12 $565,425,000. 

13 SEC. 1504. AIR FORCE PROCUREMENT. 

14 Funds are hereby authorized to be appropriated for fis15 cal year 2009 for procurement accounts for the Air Force 

16 in amounts as follows: 

17 (1) For aircraft procurement, $4,624,842,000. 

18 (2) For other procurement, $1,500,644,000. 

19 SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

20 Funds are hereby authorized to be appropriated for fis21 cal year 2009 for the procurement account for Defense-wide 

22 in the amount of $177,237,000. 


jbell on PROD1PC69 with BILLS
527 

•HR 5658 RH

1 SEC. 1506. RAPID ACQUISITION FUND. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2009 for Rapid Acquisition Fund in the amount 

4 of $102,000,000. 

5 SEC. 1507. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

6 FUND. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

8 hereby authorized for fiscal year 2009 for the Joint Impro9 vised Explosive Device Defeat Fund in the amount of 

10 $2,496,300,000. 

11 (b) USE AND TRANSFER OF FUNDS.—Subsections (b) 

12 and (c) of section 1514 of the John Warner National De13 fense Authorization Act for Fiscal Year 2007 (Public Law 

14 109–364; 120 Stat. 2439) shall apply to the funds appro15 priated pursuant to the authorization of appropriations in 

16 subsection (a). 

17 (c) REVISION OF MANAGEMENT PLAN.—The Secretary 

18 of Defense shall revise the management plan required by 

19 section 1514(d) of the John Warner National Defense Au20 thorization Act for Fiscal Year 2007 to identify projected 

21 transfers and obligations through September 30, 2009. 

22 (d) FUNDS FOR ADDITIONAL ARMS PLATFORMS.—Of 

23 the funds appropriated pursuant to the authorization of ap24 propriations in subsection (a), $50,000,000 shall be made 

25 available for the rapid fielding of additional Aerial Recon26 naissance Multi-Sensor (ARMS) platforms for tactical opVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00527 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
528 

•HR 5658 RH

1 erations in Operation Iraqi Freedom and Operation En2 during Freedom. 

3 SEC. 1508. LIMITATION ON OBLIGATION OF FUNDS FOR THE 

4 JOINT IMPROVISED EXPLOSIVE DEVICES DE5 FEAT ORGANIZATION PENDING NOTIFICA6 TION TO CONGRESS. 

7 (a) LIMITATION.—Of the amounts appropriated pur8 suant to each of the authorizations of appropriations de9 scribed in subsection (b) for research, development, test, and 

10 evaluation for the Joint Improvised Explosive Devices De11 feat Organization (in this section referred to as 

12 ‘‘JIEDDO’’), not more than 50 percent of the amounts re13 maining unobligated as of the date of the enactment of this 

14 Act may be obligated until JIEDDO submits to the congres15 sional defense committees a report describing the investment 

16 strategy of JIEDDO for science and technology. 

17 (b) COVERED AUTHORIZATIONS OF APPROPRIA18 TIONS.— 

19 (1) SCOPE OF LIMITATION.—The limitation con20 tained in subsection (a) applies with respect to 

21 amounts appropriated pursuant to the authorizations 

22 of appropriations specified in paragraph (2) for all 

23 science and technology efforts within the account for 

24 research, development, test, and evaluation for 


jbell on PROD1PC69 with BILLS
529 

•HR 5658 RH

1 JIEDDO applied to efforts of Technology Readiness 

2 Level 5 or lower. 

3 (2) AUTHORIZATIONS.—Paragraph (1) applies 

4 to— 

5 (A) the authorization of appropriations in 

6 section 1507 of the National Defense Authoriza7 tion Act for Fiscal Year 2008 (Public Law 110– 

8 181; 122 Stat. 425); and 

9 (B) the authorization of appropriations in 

10 section 1508 of this Act. 

11 SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUA12 TION. 

13 Funds are hereby authorized to be appropriated for fis14 cal year 2009 for the use of the Department of Defense for 

15 research, development, test, and evaluation as follows: 

16 (1) For the Navy, $113,228,000. 

17 (2) For the Air Force, $72,041,000. 

18 (3) For Defense-wide activities, $202,559,000. 

19 SEC. 1510. OPERATION AND MAINTENANCE. 

20 Funds are hereby authorized to be appropriated for fis21 cal year 2009 for the use of the Armed Forces for expenses, 

22 not otherwise provided for, for operation and maintenance, 

23 in amounts as follows: 

24 (1) For the Army, $37,363,243,000. 

25 (2) For the Navy, $3,500,000,000 


jbell on PROD1PC69 with BILLS
530 

•HR 5658 RH

1 (3) For the Marine Corps, $2,900,000,000. 

2 (4) For the Air Force, $5,000,000,000. 

3 (5) For Defense-wide activities, $2,648,569,000. 

4 (6) For the Army Reserve, $79,291,000. 

5 (7) For the Navy Reserve, $42,490,000. 

6 (8) For the Marine Corps Reserve, $47,076,000. 

7 (9) For the Air Force Reserve, $12,376,000. 

8 (10) For the Army National Guard, 

9 $333,540,000. 

10 (11) For the Air National Guard, $52,667,000. 

11 SEC. 1511. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

12 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby 

13 authorized to be appropriated for the Department of Defense 

14 for fiscal year 2009 for expenses, not otherwise provided for, 

15 for the Defense Health Program in the amount of 

16 $1,100,000,000 for operation and maintenance. 

17 (b) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI18 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 

19 appropriated for the Department of Defense for fiscal year 

20 2009 for expenses, not otherwise provided for, for Drug 

21 Interdiction and Counter-Drug Activities, Defense-wide in 

22 the amount of $188,000,000. 

23 SEC. 1512. IRAQ SECURITY FORCES FUND. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

25 hereby authorized to be appropriated for fiscal year 2009 


jbell on PROD1PC69 with BILLS
531 

•HR 5658 RH

1 for the Iraq Security Forces Fund in the amount of 

2 $1,000,000,000. 

3 (b) USE OF FUNDS.— 

4 (1) IN GENERAL.—Funds appropriated pursuant 

5 to subsection (a) shall be available to the Secretary of 

6 Defense for the purpose of allowing the Commander, 

7 Multi-National Security Transition Command–Iraq, 

8 to provide assistance to the security forces of Iraq. 

9 (2) TYPES OF ASSISTANCE AUTHORIZED.—As10 sistance provided under this section may include the 

11 provision of equipment, supplies, services, training, 

12 facility and infrastructure repair, and funding. 

13 (3) SECRETARY OF STATE CONCURRENCE.—As14 sistance may be provided under this section only with 

15 the concurrence of the Secretary of State. 

16 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI17 TIES.—The authority to provide assistance under this sec18 tion is in addition to any other authority to provide assist19 ance to foreign nations. 

20 (d) TRANSFER AUTHORITY.— 

21 (1) TRANSFERS AUTHORIZED.—Subject to para22 graph (2), amounts authorized to be appropriated by 

23 subsection (a) may be transferred from the Iraq Secu24 rity Forces Fund to any of the following accounts and 


jbell on PROD1PC69 with BILLS
532 

•HR 5658 RH

1 funds of the Department of Defense to accomplish the 

2 purposes provided in subsection (b): 

3 (A) Military personnel accounts. 

4 (B) Operation and maintenance accounts. 

5 (C) Procurement accounts. 

6 (D) Research, development, test, and evalua7 tion accounts. 

8 (E) Defense working capital funds. 

9 (F) Overseas Humanitarian, Disaster, and 

10 Civic Aid account. 

11 (2) ADDITIONAL AUTHORITY.—The transfer au12 thority provided by paragraph (1) is in addition to 

13 any other transfer authority available to the Depart14 ment of Defense. 

15 (3) TRANSFERS BACK TO THE FUND.—Upon de16 termination that all or part of the funds transferred 

17 from the Iraq Security Forces Fund under paragraph 

18 (1) are not necessary for the purpose provided, such 

19 funds may be transferred back to the Iraq Security 

20 Forces Fund. 

21 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

22 transfer of an amount to an account under the au23 thority in paragraph (1) shall be deemed to increase 

24 the amount authorized for such account by an 

25 amount equal to the amount transferred. 


jbell on PROD1PC69 with BILLS
533 

•HR 5658 RH

1 (e) PRIOR NOTICE OF OBLIGATION OR TRANSFER OF

2 FUNDS.—Funds may not be obligated from the Iraq Secu3 rity Forces Fund, or transferred under the authority pro4 vided in subsection (d)(1), until five days after the date on 

5 which the Secretary of Defense notifies the congressional de6 fense committees, the Committee on Foreign Relations of the 

7 Senate, and the Committee on Foreign Affairs of the House 

8 of Representatives, in writing, of the details of the proposed 

9 obligation or transfer. 

10 (f) CONTRIBUTIONS.— 

11 (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.— 

12 Subject to paragraph (2), the Secretary of Defense 

13 may accept contributions of amounts to the Iraq Se14 curity Forces Fund for the purposes provided in sub15 section (b) from any person, foreign government, or 

16 international organization. Any amounts so accepted 

17 shall be credited to the Iraq Security Forces Fund. 

18 (2) LIMITATION.—The Secretary may not accept 

19 a contribution under this subsection if the acceptance 

20 of the contribution would compromise or appear to 

21 compromise the integrity of any program of the De22 partment of Defense. 

23 (3) USE.—Amounts accepted under this sub24 section shall be available for assistance authorized by 


jbell on PROD1PC69 with BILLS
534 

•HR 5658 RH

1 subsection (b), including transfer under subsection (d) 

2 for that purpose. 

3 (4) NOTIFICATION.—The Secretary shall notify 

4 the congressional committees referred to in subsection 

5 (e), in writing, upon the acceptance, and upon the 

6 transfer under subsection (d), of any contribution 

7 under this subsection. Such notice shall specify the 

8 source and amount of any amount so accepted and 

9 the use of any amount so accepted. 

10 (g) PROHIBITION RELATED TO FACILITIES.— 

11 (1) PROHIBITION.—Funds may not be obligated 

12 from the Iraq Security Forces Fund, or transferred 

13 under the authority provided in subsection (d)(1), for 

14 the acquisition, conversion, rehabilitation, or installa15 tion of facilities. 

16 (2) EXCEPTIONS.—Nothing in this section shall 

17 be construed as to forbid— 

18 (A) the provision of technical assistance 

19 necessary to assist the Government of Iraq to 

20 carry out the acquisition, conversion, rehabilita21 tion, or installation of facilities on its own be22 half; or 

23 (B) the acquisition, conversion, rehabilita24 tion, or installation of facilities utilizing 

25 amounts contributed to the Iraq Security Forces 


jbell on PROD1PC69 with BILLS
535 

•HR 5658 RH

1 Fund under subsection (f) by the Government of 

2 Iraq or another foreign country. 

3 (h) QUARTERLY REPORTS.—Not later than 30 days 

4 after the end of each fiscal-year quarter, the Secretary of 

5 Defense shall submit to the congressional committees re6 ferred to in subsection (e) a report summarizing the details 

7 of any obligation or transfer of funds from the Iraq Security 

8 Forces Fund during such fiscal-year quarter. 

9 (i) DURATION OF AUTHORITY.—Amounts authorized 

10 to be appropriated or contributed to the Iraq Security 

11 Forces Fund during fiscal year 2009 are available for obli12 gation or transfer from the Iraq Security Forces Fund in 

13 accordance with this section until September 30, 2010. 

14 SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

16 hereby authorized to be appropriated for fiscal year 2009 

17 for the Afghanistan Security Forces Fund in the amount 

18 of $2,000,000,000. 

19 (b) USE OF FUNDS.— 

20 (1) IN GENERAL.—Funds authorized to be appro21 priated by subsection (a) shall be available to the Sec22 retary of Defense to provide assistance to the security 

23 forces of Afghanistan. 

24 (2) TYPES OF ASSISTANCE AUTHORIZED.—As25 sistance provided under this section may include the 


jbell on PROD1PC69 with BILLS
536 

•HR 5658 RH

1 provision of equipment, supplies, services, training, 

2 facility and infrastructure repair, renovation, con3 struction, and funds. 

4 (3) SECRETARY OF STATE CONCURRENCE.—As5 sistance may be provided under this section only with 

6 the concurrence of the Secretary of State. 

7 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI8 TIES.—The authority to provide assistance under this sec9 tion is in addition to any other authority to provide assist10 ance to foreign nations. 

11 (d) TRANSFER AUTHORITY.— 

12 (1) TRANSFERS AUTHORIZED.—Subject to para13 graph (2), amounts authorized to be appropriated by 

14 subsection (a) may be transferred from the Afghani15 stan Security Forces Fund to any of the following ac16 counts and funds of the Department of Defense to ac17 complish the purposes provided in subsection (b): 

18 (A) Military personnel accounts. 

19 (B) Operation and maintenance accounts. 

20 (C) Procurement accounts. 

21 (D) Research, development, test, and evalua22 tion accounts. 

23 (E) Defense working capital funds. 

24 (F) Overseas Humanitarian, Disaster, and 

25 Civic Aid. 


jbell on PROD1PC69 with BILLS
537 

•HR 5658 RH

1 (2) ADDITIONAL AUTHORITY.—The transfer au2 thority provided by paragraph (1) is in addition to 

3 any other transfer authority available to the Depart4 ment of Defense. 

5 (3) TRANSFERS BACK TO FUND.—Upon a deter6 mination that all or part of the funds transferred 

7 from the Afghanistan Security Forces Fund under 

8 paragraph (1) are not necessary for the purpose for 

9 which transferred, such funds may be transferred back 

10 to the Afghanistan Security Forces Fund. 

11 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

12 transfer of an amount to an account under the au13 thority in paragraph (1) shall be deemed to increase 

14 the amount authorized for such account by an 

15 amount equal to the amount transferred. 

16 (e) PRIOR NOTICE OF OBLIGATION OR TRANSFER OF

17 FUNDS.—Funds may not be obligated from the Afghanistan 

18 Security Forces Fund, or transferred under the authority 

19 provided in subsection (d)(1), until five days after the date 

20 on which the Secretary of Defense notifies the congressional 

21 defense committees, the Committee on Foreign Relations of 

22 the Senate, and the Committee on Foreign Affairs of the 

23 House of Representatives, in writing, of the details of the 

24 proposed obligation or transfer. 

25 (f) CONTRIBUTIONS.— 


jbell on PROD1PC69 with BILLS
538 

•HR 5658 RH

1 (1) AUTHORITY TO ACCEPT CONTRIBUTIONS.— 

2 Subject to paragraph (2), the Secretary of Defense 

3 may accept contributions of amounts to the Afghani4 stan Security Forces Fund for the purposes provided 

5 in subsection (b) from any person, foreign govern6 ment, or international organization. Any amounts so 

7 accepted shall be credited to the Afghanistan Security 

8 Forces Fund. 

9 (2) LIMITATION.—The Secretary may not accept 

10 a contribution under this subsection if the acceptance 

11 of the contribution would compromise or appear to 

12 compromise the integrity of any program of the De13 partment of Defense. 

14 (3) USE.—Amounts accepted under this sub15 section shall be available for assistance authorized by 

16 subsection (b), including transfer under subsection (d) 

17 for that purpose. 

18 (4) NOTIFICATION.—The Secretary shall notify 

19 the congressional committees referred to in subsection 

20 (e), in writing, upon the acceptance, and upon the 

21 transfer under subsection (d), of any contribution 

22 under this subsection. Such notice shall specify the 

23 source and amount of any amount so accepted and 

24 the use of any amount so accepted. 


jbell on PROD1PC69 with BILLS
539 

•HR 5658 RH

1 (g) QUARTERLY REPORTS.—Not later than 30 days 

2 after the end of each fiscal-year quarter, the Secretary of 

3 Defense shall submit to the congressional committees re4 ferred to in subsection (e) a report summarizing the details 

5 of any obligation or transfer of funds from the Afghanistan 

6 Security Forces Fund during such fiscal-year quarter. 

7 (h) DURATION OF AUTHORITY.—Amounts authorized 

8 to be appropriated or contributed to the Afghanistan Secu9 rity Forces Fund during fiscal year 2009 are available for 

10 obligation or transfer from the Afghanistan Security Forces 

11 Fund in accordance with this section until September 30, 

12 2010. 

13 SEC. 1514. MILITARY PERSONNEL. 

14 There is hereby authorized to be appropriated to the 

15 Department of Defense for military personnel accounts for 

16 fiscal year 2009 a total of $1,194,000,000. 

17 SEC. 1515. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

18 FUND. 

19 The Secretary of Defense may use the transfer author20 ity provided by section 1516 to transfer amounts of author21 izations made available to the Department of Defense in 

22 this title for fiscal year 2009 from such authorizations to 

23 the Mine Resistant Ambush Protected Vehicle Fund in the 

24 total amount of $2,610,000,000. 


jbell on PROD1PC69 with BILLS
540 

•HR 5658 RH

1 SEC. 1516. SPECIAL TRANSFER AUTHORITY. 

2 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

3 (1) AUTHORITY.—Upon determination by the 

4 Secretary of Defense that such action is necessary in 

5 the national interest, the Secretary may transfer 

6 amounts of authorizations made available to the De7 partment of Defense in this title for fiscal year 2009 

8 between any such authorizations for that fiscal year 

9 (or any subdivisions thereof). Amounts of authoriza10 tions so transferred shall be merged with and be 

11 available for the same purposes as the authorization 

12 to which transferred. 

13 (2) LIMITATION.—The total amount of author14 izations that the Secretary may transfer under the 

15 authority of this section may not exceed 

16 $4,000,000,000. 

17 (b) TERMS AND CONDITIONS.—Transfers under this 

18 section shall be subject to the same terms and conditions 

19 as transfers under section 1001. 

20 (c) ADDITIONAL AUTHORITY.—The transfer authority 

21 provided by this section is in addition to the transfer au22 thority provided under section 1001. 

23 SEC. 1517. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

24 The amounts authorized to be appropriated by this 

25 title are in addition to amounts otherwise authorized to be 

26 appropriated by this Act. 


jbell on PROD1PC69 with BILLS
541 

•HR 5658 RH

1 TITLE XVI—RECONSTRUCTION 

2 AND STABILIZATION CIVILIAN 

3 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. 

4 SEC. 1601. SHORT TITLE. 

5 This title may be cited as the ‘‘Reconstruction and Sta6 bilization Civilian Management Act of 2008’’. 

7 SEC. 1602. FINDINGS. 

8 Congress finds the following: 

9 (1) In June 2004, the Office of the Coordinator 

10 for Reconstruction and Stabilization (referred to as 

11 the ‘‘Coordinator’’) was established in the Department 

12 of State with the mandate to lead, coordinate, and in13 stitutionalize United States Government civilian ca14 pacity to prevent or prepare for post-conflict situa15 tions and help reconstruct and stabilize a country or 

16 region that is at risk of, in, or is in transition from, 

17 conflict or civil strife. 

18 (2) In December 2005, the Coordinator’s man19 date was reaffirmed by the National Security Presi20 dential Directive 44, which instructed the Secretary of 

21 State, and at the Secretary’s direction, the CoordiVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00541 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
542 

•HR 5658 RH

1 nator, to coordinate and lead integrated United 

2 States Government efforts, involving all United States 

3 departments and agencies with relevant capabilities, 

4 to prepare, plan for, and conduct reconstruction and 

5 stabilization operations. 

6 (3) National Security Presidential Directive 44 

7 assigns to the Secretary, with the Coordinator’s as8 sistance, the lead role to develop reconstruction and 

9 stabilization strategies, ensure civilian interagency 

10 program and policy coordination, coordinate inter11 agency processes to identify countries at risk of insta12 bility, provide decision-makers with detailed options 

13 for an integrated United States Government response 

14 in connection with reconstruction and stabilization 

15 operations, and carry out a wide range of other ac16 tions, including the development of a civilian surge 

17 capacity to meet reconstruction and stabilization 

18 emergencies. The Secretary and the Coordinator are 

19 also charged with coordinating with the Department 

20 of Defense on reconstruction and stabilization re21 sponses, and integrating planning and implementing 

22 procedures. 

23 (4) The Department of Defense issued Directive 

24 3000.05, which establishes that stability operations 

25 are a core United States military mission that the 


jbell on PROD1PC69 with BILLS
543 

•HR 5658 RH

1 Department of Defense must be prepared to conduct 

2 and support, provides guidance on stability oper3 ations that will evolve over time, and assigns respon4 sibilities within the Department of Defense for plan5 ning, training, and preparing to conduct and support 

6 stability operations. 

7 SEC. 1603. DEFINITIONS. 

8 In this title: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the United States 

11 Agency for International Development. 

12 (2) AGENCY.—The term ‘‘agency’’ means any en13 tity included in chapter 1 of title 5, United States 

14 Code. 

15 (3) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional commit17 tees’’ means the Committee on Foreign Affairs of the 

18 House of Representatives and the Committee on For19 eign Relations of the Senate. 

20 (4) DEPARTMENT.—Except as otherwise provided 

21 in this title, the term ‘‘Department’’ means the De22 partment of State. 

23 (5) PERSONNEL.—The term ‘‘personnel’’ means 

24 individuals serving in any service described in section 


jbell on PROD1PC69 with BILLS
544 

•HR 5658 RH

1 2101 of title 5, United States Code, other than in the 

2 legislative or judicial branch. 

3 (6) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of State. 

5 SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RE6 CONSTRUCTION AND STABILIZATION CRISES. 

7 Chapter 1 of part III of the Foreign Assistance Act 

8 of 1961 (22 U.S.C. 2351 et seq.) is amended by inserting 

9 after section 617 the following new section: 

10 ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STA11 BILIZATION CRISIS. 

12 ‘‘(a) ASSISTANCE.— 

13 ‘‘(1) IN GENERAL.—If the President determines 

14 that it is in the national security interests of the 

15 United States for United States civilian agencies or 

16 non-Federal employees to assist in reconstructing and 

17 stabilizing a country or region that is at risk of, in, 

18 or is in transition from, conflict or civil strife, the 

19 President may, in accordance with the provisions set 

20 forth in section 614(a)(3), subject to paragraph (2) of 

21 this subsection but notwithstanding any other provi22 sion of law, and on such terms and conditions as the 

23 President may determine, furnish assistance to such 

24 country or region for reconstruction or stabilization 

25 using funds under paragraph (3). 


jbell on PROD1PC69 with BILLS
545 

•HR 5658 RH

1 ‘‘(2) PRE-NOTIFICATION REQUIREMENT.—The 

2 President may not furnish assistance pursuant to 

3 paragraph (1) until five days (excepting Saturdays, 

4 Sundays, and legal public holidays) after the require5 ments under section 614(a)(3) of this Act are carried 

6 out. 

7 ‘‘(3) FUNDS.—The funds referred to in para8 graph (1) are funds made available under any other 

9 provision of law and under other provisions of this 

10 Act, and transferred or reprogrammed for purposes of 

11 this section, and such transfer or reprogramming 

12 shall be subject to the procedures applicable to a noti13 fication under section 634A of this Act. 

14 ‘‘(b) LIMITATION.—The authority contained in this 

15 section may be exercised only during fiscal years 2008, 

16 2009, and 2010, except that the authority may not be exer17 cised to furnish more than $100,000,000 in any such fiscal 

18 year.’’. 

19 SEC. 1605. RECONSTRUCTION AND STABILIZATION. 

20 Title I of the State Department Basic Authorities Act 

21 of 1956 (22 U.S.C. 2651a et seq.) is amended by adding 

22 at the end the following new section: 

23 ‘‘SEC. 62. RECONSTRUCTION AND STABILIZATION. 

24 ‘‘(a) OFFICE OF THE COORDINATOR FOR RECON25 STRUCTION AND STABILIZATION.— 


jbell on PROD1PC69 with BILLS
546 

•HR 5658 RH

1 ‘‘(1) ESTABLISHMENT.—There is established 

2 within the Department of State the Office of the Coor3 dinator for Reconstruction and Stabilization. 

4 ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND

5 STABILIZATION.—The head of the Office shall be the 

6 Coordinator for Reconstruction and Stabilization, 

7 who shall be appointed by the President, by and with 

8 the advice and consent of the Senate. The Coordinator 

9 shall report directly to the Secretary. 

10 ‘‘(3) FUNCTIONS.—The functions of the Office of 

11 the Coordinator for Reconstruction and Stabilization 

12 shall include the following: 

13 ‘‘(A) Monitoring, in coordination with rel14 evant bureaus and offices of the Department of 

15 State and the United States Agency for Inter16 national Development (USAID), political and 

17 economic instability worldwide to anticipate the 

18 need for mobilizing United States and inter19 national assistance for the reconstruction and 

20 stabilization of a country or region that is at 

21 risk of, in, or are in transition from, conflict or 

22 civil strife. 

23 ‘‘(B) Assessing the various types of recon24 struction and stabilization crises that could 

25 occur and cataloging and monitoring the nonVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00546 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
547 

•HR 5658 RH

1 military resources and capabilities of agencies 

2 (as such term is defined in section 1603 of the 

3 Reconstruction and Stabilization Civilian Man4 agement Act of 2008) that are available to ad5 dress such crises. 

6 ‘‘(C) Planning, in conjunction with 

7 USAID, to address requirements, such as demo8 bilization, disarmament, rebuilding of civil soci9 ety, policing, human rights monitoring, and 

10 public information, that commonly arise in re11 construction and stabilization crises. 

12 ‘‘(D) Coordinating with relevant agencies to 

13 develop interagency contingency plans and pro14 cedures to mobilize and deploy civilian personnel 

15 and conduct reconstruction and stabilization op16 erations to address the various types of such cri17 ses. 

18 ‘‘(E) Entering into appropriate arrange19 ments with agencies to carry out activities under 

20 this section and the Reconstruction and Sta21 bilization Civilian Management Act of 2008. 

22 ‘‘(F) Identifying personnel in State and 

23 local governments and in the private sector who 

24 are available to participate in the Civilian Re25 serve Corps established under subsection (b) or to 


jbell on PROD1PC69 with BILLS
548 

•HR 5658 RH

1 otherwise participate in or contribute to recon2 struction and stabilization activities. 

3 ‘‘(G) Taking steps to ensure that training 

4 and education of civilian personnel to perform 

5 such reconstruction and stabilization activities is 

6 adequate and is carried out, as appropriate, 

7 with other agencies involved with stabilization 

8 operations. 

9 ‘‘(H) Taking steps to ensure that plans for 

10 United States reconstruction and stabilization 

11 operations are coordinated with and complemen12 tary to reconstruction and stabilization activities 

13 of other governments and international and non14 governmental organizations, to improve effective15 ness and avoid duplication. 

16 ‘‘(I) Maintaining the capacity to field on 

17 short notice an evaluation team consisting of 

18 personnel from all relevant agencies to undertake 

19 on-site needs assessment. 

20 ‘‘(b) RESPONSE READINESS CORPS.— 

21 ‘‘(1) RESPONSE READINESS CORPS.—The Sec22 retary, in consultation with the Administrator of the 

23 United States Agency for International Development 

24 and the heads of other appropriate agencies of the 

25 United States Government, may establish and mainVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00548 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
549 

•HR 5658 RH

1 tain a Response Readiness Corps (referred to in this 

2 section as the ‘Corps’) to provide assistance in sup3 port of reconstruction and stabilization operations in 

4 countries or regions that are at risk of, in, or are in 

5 transition from, conflict or civil strife. The Corps 

6 shall be composed of active and standby components 

7 consisting of United States Government personnel, in8 cluding employees of the Department of State, the 

9 United States Agency for International Development, 

10 and other agencies who are recruited and trained 

11 (and employed in the case of the active component) to 

12 provide such assistance when deployed to do so by the 

13 Secretary to support the purposes of this Act. 

14 ‘‘(2) CIVILIAN RESERVE CORPS.—The Secretary, 

15 in consultation with the Administrator of the United 

16 States Agency for International Development, may es17 tablish a Civilian Reserve Corps for which purpose 

18 the Secretary is authorized to employ and train indi19 viduals who have the skills necessary for carrying out 

20 reconstruction and stabilization activities, and who 

21 have volunteered for that purpose. The Secretary may 

22 deploy members of the Civilian Reserve Corps pursu23 ant to a determination by the President under section 

24 618 of the Foreign Assistance Act of 1961. 


jbell on PROD1PC69 with BILLS
550 

•HR 5658 RH

1 ‘‘(3) MITIGATION OF DOMESTIC IMPACT.—The es2 tablishment and deployment of any Civilian Reserve 

3 Corps shall be undertaken in a manner that will 

4 avoid substantively impairing the capacity and read5 iness of any State and local governments from which 

6 Civilian Reserve Corps personnel may be drawn. 

7 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated to the Secretary of State such 

9 sums as may be necessary for fiscal years 2007 through 

10 2010 for the Office and to support, educate, train, main11 tain, and deploy a Response Readiness Corps and a Civil12 ian Reserve Corps. 

13 ‘‘(d) EXISTING TRAINING AND EDUCATION PRO14 GRAMS.—The Secretary shall ensure that personnel of the 

15 Department, and, in coordination with the Administrator 

16 of USAID, that personnel of USAID, make use of the rel17 evant existing training and education programs offered 

18 within the Government, such as those at the Center for Sta19 bilization and Reconstruction Studies at the Naval Post20 graduate School and the Interagency Training, Education, 

21 and After Action Review Program at the National Defense 

22 University.’’. 

23 SEC. 1606. AUTHORITIES RELATED TO PERSONNEL. 

24 (a) EXTENSION OF CERTAIN FOREIGN SERVICE BENE25 FITS.—The Secretary, or the head of any agency with reVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
551 

•HR 5658 RH

1 spect to personnel of that agency, may extend to any indi2 viduals assigned, detailed, or deployed to carry out recon3 struction and stabilization activities pursuant to section 62 

4 of the State Department Basic Authorities Act of 1956 (as 

5 added by section 1605 of this title), the benefits or privileges 

6 set forth in sections 413, 704, and 901 of the Foreign Serv7 ice Act of 1980 (22 U.S.C. 3973, 22 U.S.C. 4024, and 22 

8 U.S.C. 4081) to the same extent and manner that such bene9 fits and privileges are extended to members of the Foreign 

10 Service. 

11 (b) AUTHORITY REGARDING DETAILS.—The Secretary 

12 is authorized to accept details or assignments of any per13 sonnel, and any employee of a State or local government, 

14 on a reimbursable or nonreimbursable basis for the purpose 

15 of carrying out this title, and the head of any agency is 

16 authorized to detail or assign personnel of such agency on 

17 a reimbursable or nonreimbursable basis to the Department 

18 of State for purposes of section 62 of the State Department 

19 Basic Authorities Act of 1956, as added by section 1605 

20 of this title. 

21 SEC. 1607. RECONSTRUCTION AND STABILIZATION STRAT22 EGY. 

23 (a) IN GENERAL.—The Secretary of State, in consulta24 tion with the Administrator of the United States Agency 

25 for International Development, shall develop an interagency 


jbell on PROD1PC69 with BILLS
552 

•HR 5658 RH

1 strategy to respond to reconstruction and stabilization oper2 ations. 

3 (b) CONTENTS.—The strategy required under sub4 section (a) shall include the following: 

5 (1) Identification of and efforts to improve the 

6 skills sets needed to respond to and support recon7 struction and stabilization operations in countries or 

8 regions that are at risk of, in, or are in transition 

9 from, conflict or civil strife. 

10 (2) Identification of specific agencies that can 

11 adequately satisfy the skills sets referred to in para12 graph (1). 

13 (3) Efforts to increase training of Federal civil14 ian personnel to carry out reconstruction and sta15 bilization activities. 

16 (4) Efforts to develop a database of proven and 

17 best practices based on previous reconstruction and 

18 stabilization operations. 

19 (5) A plan to coordinate the activities of agencies 

20 involved in reconstruction and stabilization oper21 ations. 

22 SEC. 1608. ANNUAL REPORTS TO CONGRESS. 

23 Not later than 180 days after the date of the enactment 

24 of this Act and annually for each of the five years thereafter, 

25 the Secretary of State shall submit to the appropriate conVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
553 

•HR 5658 RH

1 gressional committees a report on the implementation of 

2 this title. The report shall include detailed information on 

3 the following: 

4 (1) Any steps taken to establish a Response 

5 Readiness Corps and a Civilian Reserve Corps, pur6 suant to section 62 of the State Department Basic 

7 Authorities Act of 1956 (as added by section 1605 of 

8 this title). 

9 (2) The structure, operations, and cost of the Re10 sponse Readiness Corps and the Civilian Reserve 

11 Corps, if established. 

12 (3) How the Response Readiness Corps and the 

13 Civilian Reserve Corps coordinate, interact, and work 

14 with other United States foreign assistance programs. 

15 (4) An assessment of the impact that deployment 

16 of the Civilian Reserve Corps, if any, has had on the 

17 capacity and readiness of any domestic agencies or 

18 State and local governments from which Civilian Re19 serve Corps personnel are drawn. 

20 (5) The reconstruction and stabilization strategy 

21 required by section 1607 and any annual updates to 

22 that strategy. 

23 (6) Recommendations to improve implementa24 tion of subsection (b) of section 62 of the State De25 partment Basic Authorities Act of 1956, including 


jbell on PROD1PC69 with BILLS
554 

•HR 5658 RH

1 measures to enhance the recruitment and retention of 

2 an effective Civilian Reserve Corps. 

3 (7) A description of anticipated costs associated 

4 with the development, annual sustainment, and de5 ployment of the Civilian Reserve Corps. 

6 DIVISION B—MILITARY CON7 STRUCTION AUTHORIZA8 TIONS 

9 SEC. 2001. SHORT TITLE. 

10 This division may be cited as the ‘‘Military Construc11 tion Authorization Act for Fiscal Year 2009’’. 

12 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

13 AMOUNTS REQUIRED TO BE SPECIFIED BY 

14 LAW. 

15 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

16 YEARS.—Except as provided in subsection (b), all author17 izations contained in titles XXI through XXVI and title 

18 XXIX for military construction projects, land acquisition, 

19 family housing projects and facilities, and contributions to 

20 the North Atlantic Treaty Organization Security Invest21 ment Program (and authorizations of appropriations there22 for) shall expire on the later of— 

23 (1) October 1, 2011; or 


jbell on PROD1PC69 with BILLS
555 

•HR 5658 RH

1 (2) the date of the enactment of an Act author2 izing funds for military construction for fiscal year 

3 2012. 

4 (b) EXCEPTION.—Subsection (a) shall not apply to au5 thorizations for military construction projects, land acqui6 sition, family housing projects and facilities, and contribu7 tions to the North Atlantic Treaty Organization Security 

8 Investment Program (and authorizations of appropriations 

9 therefor), for which appropriated funds have been obligated 

10 before the later of— 

11 (1) October 1, 2011; or 

12 (2) the date of the enactment of an Act author13 izing funds for fiscal year 2012 for military construc14 tion projects, land acquisition, family housing 

15 projects and facilities, or contributions to the North 

16 Atlantic Treaty Organization Security Investment 

17 Program. 

18 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. 


jbell on PROD1PC69 with BILLS
556 

•HR 5658 RH

1 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts ap4 propriated pursuant to the authorization of appropriations 

5 in section 2104(a)(1), the Secretary of the Army may ac6 quire 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 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 

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 


jbell on PROD1PC69 with BILLS
557 

•HR 5658 RH

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 may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the United 

6 States, and in the amounts, set forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan .................. Bagram Air Base ........................................... $67,000,000 

Germany ....................... Katterbach ....................................................... $19,000,000 

Wiesbaden Air Base ....................................... $119,000,000 

Japan ............................ Camp Zama .................................................... $2,350,000 

Sagamihara .................................................... $17,500,000 

Korea ............................. Camp Humphreys .......................................... $20,000,000 

7 SEC. 2102. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the 

11 Army may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the 

13 installations or locations, in the number of units, and in 

14 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 

15 (b) PLANNING AND DESIGN.—Using amounts appro16 priated pursuant to the authorization of appropriations in 

17 section 2104(a)(5)(A), the Secretary of the Army may carry 

18 out architectural and engineering services and construction 


jbell on PROD1PC69 with BILLS
558 

•HR 5658 RH

1 design activities with respect to the construction or im2 provement of family housing units in an amount not to 

3 exceed $579,000. 

4 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

5 UNITS. 

6 Subject to section 2825 of title 10, United States Code, 

7 and using amounts appropriated pursuant to the author8 ization of appropriations in section 2104(a)(5)(A), the Sec9 retary of the Army may improve existing military family 

10 housing units in an amount not to exceed $420,001,000. 

11 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

12 (a) IN GENERAL.—Funds are hereby authorized to be 

13 appropriated for fiscal years beginning after September 30, 

14 2008, for military construction, land acquisition, and mili15 tary family housing functions of the Department of the 

16 Army in the total amount of $6,008,226,000 as follows: 

17 (1) For military construction projects inside the 

18 United States authorized by section 2101(a), 

19 $4,062,763,000. 

20 (2) For military construction projects outside the 

21 United States authorized by section 2101(b), 

22 $185,350,000. 

23 (3) For unspecified minor military construction 

24 projects authorized by section 2805 of title 10, United 

25 States Code, $23,000,000. 


jbell on PROD1PC69 with BILLS
559 

•HR 5658 RH

1 (4) For host nation support and architectural 

2 and engineering services and construction design 

3 under section 2807 of title 10, United States Code, 

4 $175,823,000. 

5 (5) For military family housing functions: 

6 (A) For construction and acquisition, plan7 ning and design, and improvement of military 

8 family housing and facilities, $646,580,000. 

9 (B) For support of military family housing 

10 (including the functions described in section 

11 2833 of title 10, United States Code), 

12 $716,110,000. 

13 (6) For the construction of increment 3 of a bar14 racks complex at Fort Lewis, Washington, authorized 

15 by section 2101(a) of the Military Construction Au16 thorization Act for Fiscal Year 2007 (division B of 

17 Public Law 109–364; 120 Stat. 2445), as amended by 

18 section 20814 of the Continuing Appropriations Reso19 lution, 2007 (division B of Public Law 109–289), as 

20 added by section 2 of the Revised Continuing Resolu21 tion, 2007 (Public Law 110–5; 121 Stat 41), 

22 $102,000,000. 

23 (7) For the construction of increment 2 of the 

24 United States Southern Command Headquarters at 

25 Miami Doral, Florida, authorized by section 2101(a) 


jbell on PROD1PC69 with BILLS
560 

•HR 5658 RH

1 of the Military Construction Authorization Act for 

2 Fiscal Year 2008 (division B of Public Law 110–181; 

3 122 Stat. 504, $81,600,000. 

4 (8) For the construction of increment 2 of the 

5 brigade complex operations support facility at 

6 Vicenza, Italy, authorized by section 2101(b) of the 

7 Military Construction Authorization Act for Fiscal 

8 Year 2008 (division B of Public Law 110–181; 122 

9 Stat. 505, $7,500,000. 

10 (9) For the construction of increment 2 of the 

11 brigade complex barracks and community support fa12 cility at Vicenza, Italy, authorized by section 2101(b) 

13 of the Military Construction Authorization Act for 

14 Fiscal Year 2008 (division B of Public Law 110–181; 

15 122 Stat. 505, $7,500,000. 

16 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

17 PROJECTS.—Notwithstanding the cost variations author18 ized by section 2853 of title 10, United States Code, and 

19 any other cost variation authorized by law, the total cost 

20 of all projects carried out under section 2401 of this Act 

21 may not exceed the sum of the following: 

22 (1) The total amount authorized to be appro23 priated under paragraphs (1) and (2) of subsection 

24 (a). 


jbell on PROD1PC69 with BILLS
561 

•HR 5658 RH

1 (2) $59,500,000 (the balance of the amount au2 thorized under section 2101(b) for the construction of 

3 a headquarters element in Wiesbaden, Germany). 

4 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

5 CERTAIN FISCAL YEAR 2008 PROJECTS. 

6 (a) INSIDE THE UNITED STATES PROJECTS.—The 

7 table in section 2101(a) of the Military Construction Au8 thorization Act for Fiscal Year 2008 (division B of Public 

9 Law 110–181; 122 Stat. 504) is amended— 

10 (1) in the item relating to Hawthorne Army 

11 Ammunition Plant, Nevada, by striking 

12 ‘‘$11,800,000’’ in the amount column and inserting 

13 ‘‘$7,300,000’’; 

14 (2) in the item relating to Fort Drum, New 

15 York, by striking ‘‘$311,200,000’’ in the amount col16 umn and inserting ‘‘$304,600,000’’; and 

17 (3) in the item relating to Fort Bliss, Texas, by 

18 striking ‘‘$118,400,000’’ in the amount column and 

19 inserting ‘‘$111,900,000’’. 

20 (b) CONFORMING AMENDMENTS.—Section 2104(a) of 

21 that Act (122 Stat. 506) is amended— 

22 (1) in the matter preceding paragraph (1), by 

23 striking ‘‘$5,106,703,000’’ and inserting 

24 ‘‘$5,089,103,000’’; and 


jbell on PROD1PC69 with BILLS
562 

•HR 5658 RH

1 (2) in paragraph (1), by striking 

2 ‘‘$3,198,150,000’’ and inserting ‘‘$3,180,550,000’’. 

3 SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT 

4 CERTAIN FISCAL YEAR 2007 PROJECTS. 

5 (a) INSIDE THE UNITED STATES PROJECTS.—The 

6 table in section 2101(a) of the Military Construction Au7 thorization Act for Fiscal Year 2007 (division B of Public 

8 Law 109–364; 120 Stat. 2445), as amended by section 

9 20814 of the Continuing Appropriations Resolution, 2007 

10 (division B of Public Law 109–289) and section 2105(a) 

11 of the Military Construction Authorization Act for Fiscal 

12 Year 2008 (division B of Public Law 110–181; 122 Stat. 

13 507), is further amended in the item relating to Fort Bragg, 

14 North Carolina, by striking ‘‘$96,900,000’’ in the amount 

15 column and inserting ‘‘$75,900,000’’. 

16 (b) OUTSIDE THE UNITED STATES PROJECTS.—The 

17 table in section 2101(b) of the Military Construction Au18 thorization Act for Fiscal Year 2007 (division B of Public 

19 Law 109–364; 120 Stat. 2446), as amended by section 

20 2106(a) of the Military Construction Authorization Act for 

21 Fiscal Year 2008 (division B of Public Law 110–181; 122 

22 Stat. 508), is further amended in the item relating to 

23 Vicenza, Italy, by striking ‘‘$223,000,000’’ in the amount 

24 column and inserting ‘‘$208,280,000’’. 


jbell on PROD1PC69 with BILLS
563 

•HR 5658 RH

1 (c) CONFORMING AMENDMENTS.—Section 2104(a) of 

2 the Military Construction Authorization Act for Fiscal Year 

3 2007 (division B of Public Law 109–364; 120 Stat. 2447), 

4 as amended by section 2105(b) of the Military Construction 

5 Authorization Act for Fiscal Year 2008 (division B of Pub6 lic Law 110–181; 122 Stat. 508), is further amended— 

7 (1) in the matter preceding paragraph (1), by 

8 striking ‘‘$3,275,700,000’’ and inserting 

9 ‘‘$3,239,980,000’’; 

10 (2) in paragraph (1), by striking 

11 ‘‘$1,119,450,000’’ and inserting ‘‘$1,098,450,000’’; 

12 and 

13 (3) in paragraph (2), by striking ‘‘$510,582,00’’ 

14 and inserting ‘‘$495,862,000’’. 

15 SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

16 FISCAL YEAR 2006 PROJECTS. 

17 (a) EXTENSION.—Notwithstanding section 2701 of the 

18 Military Construction Authorization Act for Fiscal Year 

19 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

20 the authorizations set forth in the table in subsection (b), 

21 as provided in section 2101 of that Act (119 Stat. 3485), 

22 shall remain in effect until October 1, 2009, or the date 

23 of the enactment of an Act authorizing funds for military 

24 construction for fiscal year 2010, whichever is later. 


jbell on PROD1PC69 with BILLS
564 

•HR 5658 RH

1 (b) TABLE.—The table referred to in subsection (a) is 

2 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 

3 SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN 

4 FISCAL YEAR 2005 PROJECT. 

5 (a) EXTENSION.—Notwithstanding section 2701 of the 

6 Military Construction Authorization Act for Fiscal Year 

7 2005 (division B of Public Law 108–375; 118 Stat. 2116), 

8 the authorization set forth in the table in subsection (b), 

9 as provided in section 2101 of that Act (118 Stat. 2101) 

10 and extended by section 2108 of the Military Construction 

11 Authorization Act for Fiscal Year 2008 (division B of Pub12 lic Law 110–181; 122 Stat. 508), shall remain in effect 

13 until October 1, 2009, or the date of the enactment of an 

14 Act authorizing funds for military construction for fiscal 

15 year 2010, whichever is later. 

16 (b) TABLE.—The table referred to in subsection (a) is 

17 as follows: 

Army: Extension of 2005 Project Authorization 

State Installation or 

Location Project Amount 

Hawaii ............... Schofield Barracks.Training Facility .......................... $35,542,000 


jbell on PROD1PC69 with BILLS
565 

•HR 5658 RH

1 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. 

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations 

6 in section 2204(1), the Secretary of the Navy may acquire 

7 real property and carry out military construction projects 

8 for the installations or locations inside the United States, 

9 and in the amounts, set forth in the following table: 

Inside the United States 

State Installation or Location Amount 

Arizona ........................ Marine Corps Air Station, Yuma .................. $19,490,000 

California .................... Marine Corps Logistics Base, Barstow .......... $7,830,000 

Marine Corps Base, Camp Pendleton ............ $799,870,000 

Naval Air Facility, El Centro ........................ $8,900,000 

Marine Corps Air Station, Miramar ............. $48,770,000 

Naval Post Graduate School Monterey .......... $9,900,000 

Naval Air Station, North Island .................... $60,152,000 

Naval Facility, San Clemente Island ............ $34,020,000 

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 


jbell on PROD1PC69 with BILLS
566 

•HR 5658 RH

Inside the United States—Continued 

State Installation or Location Amount 

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 

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 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 

7 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2204(3), the Secretary of the Navy may 

10 acquire real property and carry out military construction 

11 projects for unspecified installations or locations in the 

12 amounts set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified .. Unspecified Worldwide ................................... $94,020,000 


jbell on PROD1PC69 with BILLS
567 

•HR 5658 RH

1 SEC. 2202. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(6)(A), the Secretary of the 

5 Navy 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 amount set forth in the following table: 

Navy: Family Housing 

State Installation or Location Units Amount 

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

Guantanamo Bay.

146 ............................... $62,598.000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2204(6)(A), the Secretary of the Navy may carry 

12 out architectural and engineering services and construction 

13 design activities with respect to the construction or im14 provement of family housing units in an amount not to 

15 exceed $2,169,000. 

16 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

17 UNITS. 

18 Subject to section 2825 of title 10, United States Code, 

19 and using amounts appropriated pursuant to the author20 ization of appropriations in section 2204(6)(A), the Sec21 retary of the Navy may improve existing military family 

22 housing units in an amount not to exceed $318,011,000. 


jbell on PROD1PC69 with BILLS
568 

•HR 5658 RH

1 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

2 Funds are hereby authorized to be appropriated for fis3 cal years beginning after September 30, 2008, for military 

4 construction, land acquisition, and military family housing 

5 functions of the Department of the Navy in the total amount 

6 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 the 

11 United States authorized by section 2201(b), 

12 $175,500,000. 

13 (3) For military construction projects at unspec14 ified 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, United 

18 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. 


jbell on PROD1PC69 with BILLS
569 

•HR 5658 RH

1 (B) For support of military family housing 

2 (including functions described in section 2833 of 

3 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 (division 

15 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 hang24 ar 5 recapitalizations at Naval Air Station, Whidbey 

25 Island, Washington, authorized by section 2201(a) of 


jbell on PROD1PC69 with BILLS
570 

•HR 5658 RH

1 the Military Construction Authorization Act of Fiscal 

2 Year 2007 (division B of Public Law 109–364; 120 

3 Stat. 2448), $34,000,000. 

4 (11) For the construction of increment 5 of the 

5 limited area production and storage complex at Naval 

6 Submarine Base, Kitsap, Bangor, Washington (for7 merly referred to as a project at the Strategic Weap8 ons Facility Pacific, Bangor), authorized by section 

9 2201(a) of the Military Construction Authorization 

10 Act of Fiscal Year 2005 (division B of Public Law 

11 108–375; 118 Stat. 2106), as amended by section 

12 2206 of the Military Construction Authorization Act 

13 for Fiscal Year 2006 (division B of Public law 109– 

14 163; 119 Stat. 3493) and section 2206 of the Military 

15 Construction Authorization Act for Fiscal Year 2008 

16 (division B of Public Law 110–181; 122 Stat. 514) 

17 $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 Act 

24 for Fiscal Year 2006 (division B of Public Law 109–163; 

25 119 Stat. 3493) and section 2206 of the Military ConstrucVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
571 

•HR 5658 RH

1 tion Authorization Act for Fiscal Year 2008 (division B 

2 of Public Law 110–181; 122 Stat.514), is further amend3 ed— 

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 total 

9 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) of 

14 the Military Construction Authorization Act for Fiscal Year 

15 2007 (division B of Public Law 109–364; 120 Stat. 2448), 

16 as amended by section 2205(a)(17) of the Military Con17 struction Authorization Act for Fiscal Year 2008 (division 

18 B of Public Law 110–181; 122 Stat. 513) is further amend19 ed— 

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 


jbell on PROD1PC69 with BILLS
572 

•HR 5658 RH

1 ‘‘$57,653,000’’ in the amount column and inserting 

2 ‘‘$60,500,000’’. 

3 (b) CONFORMING AMENDMENTS.—Section 2204(b) of 

4 the Military Construction Authorization Act for Fiscal Year 

5 2007 (division B of Public Law 109–364; 120 Stat. 2452), 

6 is amended— 

7 (1) in paragraph (2), by striking ‘‘$56,159,000’’ 

8 and inserting ‘‘$64,508,000’’; and 

9 (2) in paragraph (3), by striking ‘‘$31,153,000’’ 

10 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 Station 

21 Mayport under the preferred alternative identified in the 

22 final environmental impact statement for the proposed ac23 tion. 

24 (b) ADDITIONAL REPORTING REQUIREMENT.—If the 

25 final environmental impact statement does not contain a 


jbell on PROD1PC69 with BILLS
573 

•HR 5658 RH

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 anal7 ysis of the socio-economic impacts and an economic jus8 tification on each location from which a vessel is proposed 

9 to be removed for homeporting at Naval Station Mayport. 

10 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. 

11 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

12 LAND ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations 

15 in section 2304(1), the Secretary of the Air Force may ac16 quire real property and carry out military construction 

17 projects for the installations or locations inside the United 

18 States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alabama ................................. Maxwell Air Force Base ................... $15,556,000 

Alaska ..................................... Elmendorf Air Force Base ............... $138,300,000 

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 


jbell on PROD1PC69 with BILLS
574 

•HR 5658 RH

Air Force: Inside the United States—Continued 

State Installation or Location Amount 

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 may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the United 

6 States, and in the amounts, set forth in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan ........................... Bagram Airfield ........................................... $57,200,000 

Guam ..................................... Andersen Air Force Base ............................ $10,600,000 

Kyrgyzstan ............................ Manas Air Base ........................................... $6,000,000 

United Kingdom ................... Royal Air Force Lakenheath ...................... $7,400,000 

7 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2304(3), the Secretary of the Air Force may 

10 acquire real property and carry out military construction 

11 projects for unspecified installations or locations in the 

12 amounts set forth in the following table: 


jbell on PROD1PC69 with BILLS
575 

•HR 5658 RH

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified ............ Classified Location ...................................... $891,000 

Worldwide Unspecified ......... Unspecified Worldwide Locations .............. $52,500,000 

1 SEC. 2302. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2304(6)(A), the Secretary of the Air 

5 Force 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: 

Air Force: Family Housing 

State Installation or 

Location Purpose Amount 

United Kingdom ............ Royal Air Force Lakenheath ............. 182 Units ......... $71,828,000 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2304(6)(A), the Secretary of the Air Force 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 $7,708,000. 

16 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

17 UNITS. 

18 Subject to section 2825 of title 10, United States Code, 

19 and using amounts appropriated pursuant to the authorVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00575 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
576 

•HR 5658 RH

1 ization of appropriations in section 2304(6)(A), the Sec2 retary of the Air Force may improve existing military fam3 ily housing units in an amount not to exceed $316,343,000. 

4 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

5 FORCE. 

6 Funds are hereby authorized to be appropriated for fis7 cal years beginning after September 30, 2008, for military 

8 construction, land acquisition, and military family housing 

9 functions of the Department of the Air Force in the total 

10 amount of $1,966,868,000, as follows: 

11 (1) For military construction projects inside the 

12 United States authorized by section 2301(a), 

13 $749,619,000. 

14 (2) For military construction projects outside the 

15 United States authorized by section 2301(b), 

16 $81,200,000. 

17 (3) For the military construction projects at un18 specified worldwide locations authorized by section 

19 2301(c), $53,391,000. 

20 (4) For unspecified minor military construction 

21 projects authorized by section 2805 of title 10, United 

22 States Code, $15,000,000. 

23 (5) For architectural and engineering services 

24 and construction design under section 2807 of title 

25 10, United States Code, $77,314,000. 


jbell on PROD1PC69 with BILLS
577 

•HR 5658 RH

1 (6) For military family housing functions: 

2 (A) For construction and acquisition, plan3 ning and design, and improvement of military 

4 family housing and facilities, $395,879,000. 

5 (B) For support of military family housing 

6 (including functions described in section 2833 of 

7 title 10, United States Code), $594,465,000. 

8 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

9 FISCAL YEAR 2006 PROJECTS. 

10 (a) EXTENSION.—Notwithstanding section 2701 of the 

11 Military Construction Authorization Act for Fiscal Year 

12 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

13 authorizations set forth in the tables in subsection (b), as 

14 provided in section 2302 of that Act, shall remain in effect 

15 until October 1, 2009, or the date of the enactment of an 

16 Act authorizing funds for military construction for fiscal 

17 year 2010, whichever is later. 

18 (b) TABLE.—The table referred to in subsection (a) is 

19 as follows: 

Air Force: Extension of 2006 Project Authorizations 

State Installation or 

Location Project Amount 

Alaska .................. Eielson Air Force Base ..... Replace Family Housing (92 units) ........... $37,650,000 

Purchase Build/Lease 

Housing (300 units) $18,144,000 

California ............ Edwards Air Force Base .. Replace Family Housing (226 units) ......... $59,699,000 

Florida ................. MacDill Air Force Base .... Replace Family Housing (109 units) ......... $40,982,000 

Missouri ............... Whiteman Air Force Base Replace Family Housing (111 units) ......... $26,917,000 


jbell on PROD1PC69 with BILLS
578 

•HR 5658 RH

Air Force: Extension of 2006 Project Authorizations—Continued 

State Installation or 

Location Project Amount 

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 the 

4 Military Construction Authorization Act for Fiscal Year 

5 2005 (division B of Public Law 108–375; 118 Stat. 2116), 

6 authorizations set forth in the table in subsection (b), as 

7 provided in section 2302 of that Act and extended by section 

8 2307 of the Military Construction Authorization Act for 

9 Fiscal Year 2008 (division B of Public Law 110–181; 122 

10 Stat. 519), shall remain in effect until October 1, 2009, or 

11 the date of the enactment of an Act authorizing funds for 

12 military construction for fiscal year 2010, whichever is 

13 later. 

14 (b) TABLE.—The table referred to in subsection (a) is 

15 as follows: 

Air Force: Extension of 2005 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Arizona ............. Davis-Monthan Air 

Force Base ........... Replace Family Housing 

(250 units) ....................... $48,500,000 

California ......... Vandenberg Air 

Force Base ........... Replace Family Housing 

(120 units) ....................... $30,906,000 

Florida .............. MacDill Air Force 

Base ..................... Construct Housing Maintenance Facility ................. $1,250,000 


jbell on PROD1PC69 with BILLS
579 

•HR 5658 RH

Air Force: Extension of 2005 Project Authorizations—Continued 

State/Country Installation or 

Location Project Amount 

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. 

3 Subtitle A—Defense Agency 

4 Authorizations 

5 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC6 TION AND LAND ACQUISITION PROJECTS. 

7 (a) INSIDE THE UNITED STATES.—Using amounts ap8 propriated pursuant to the authorization of appropriations 

9 in section 2403(a)(1), the Secretary of Defense may acquire 

10 real property and carry out military construction projects 


jbell on PROD1PC69 with BILLS
580 

•HR 5658 RH

1 for the installations or locations inside the United States, 

2 and in the amounts, set forth in the following tables: 

Defense Education Activity 

State Installation or Location Amount 

Kentucky ....................... Fort Campbell .................................................. $21,400,000 

North Carolina .............. Fort Bragg ........................................................ $78,471,000 

Defense Intelligence Agency 

State Installation or Location Amount 

Illinois ........................... Scott Air Force Base ....................................... $13,977,000 

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 

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 


jbell on PROD1PC69 with BILLS
581 

•HR 5658 RH

TRICARE Management Activity—Continued 

State Installation or Location Amount 

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 United 

6 States, and in the amounts, set forth in the following tables: 

Defense Logistics Agency 

Country Installation or Location Amount 

Germany ................................ Germersheim ................................................ $48,000,000 

Greece ..................................... Souda Bay ................................................... $8,000,000 

Special Operations Command 

Country Installation or Location Amount 

Qatar ..................................... Al Udeid ....................................................... $9,200,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Guam ..................................... Naval Activities ........................................... $30,000,000 

7 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

8 appropriated pursuant to the authorization of appropria9 tions in section 2403(a)(3), the Secretary of Defense may 

10 acquire real property and carry out military construction 


jbell on PROD1PC69 with BILLS
582 

•HR 5658 RH

1 projects for unspecified installations or locations in the 

2 amount set forth in the following table: 

Defense Agencies: Unspecified Worldwide 

Location Installation or 

Location Amount 

Worldwide Classified ......................................... Classified Project ........ $837,480,000 

3 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2403(a)(7), the Sec6 retary of Defense may carry out energy conservation 

7 projects under chapter 173 of title 10, United States Code, 

8 in the amount of $80,000,000. 

9 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

10 AGENCIES. 

11 (a) IN GENERAL.—Funds are hereby authorized to be 

12 appropriated for fiscal years beginning after September 30, 

13 2008, for military construction, land acquisition, and mili14 tary family housing functions of the Department of Defense 

15 (other than the military departments) in the total amount 

16 of $1,510,550,000, as follows: 

17 (1) For military construction projects inside the 

18 United States authorized by section 2401(a), 

19 $767,511,000. 

20 (2) For military construction projects outside the 

21 United States authorized by section 2401(b), 

22 $95,200,000. 


jbell on PROD1PC69 with BILLS
583 

•HR 5658 RH

1 (3) For the military construction projects at un2 specified worldwide locations authorized by section 

3 2401(c), $101,160,000. 

4 (4) For unspecified minor military construction 

5 projects under section 2805 of title 10, United States 

6 Code, $28,853,000. 

7 (5) For contingency construction projects of the 

8 Secretary of Defense under section 2804 of title 10, 

9 United States Code, $10,000,000. 

10 (6) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $133,025,000. 

13 (7) For energy conservation projects authorized 

14 by section 2402 of this Act, $80,000,000. 

15 (8) For support of military family housing, in16 cluding functions described in section 2833 of title 10, 

17 United States Code, and credits to the Department of 

18 Defense Family Housing Improvement Fund under 

19 section 2883 of title 10, United States Code, and the 

20 Homeowners Assistance Fund established under sec21 tion 1013 of the Demonstration Cities and Metropoli22 tan Development Act of 1966 (42 U.S.C. 3374), 

23 $54,581,000. 

24 (9) For the construction of increment 4 of the re25 gional security operations center at Augusta, Georgia, 


jbell on PROD1PC69 with BILLS
584 

•HR 5658 RH

1 authorized by section 2401(a) of the Military Con2 struction Authorization Act of Fiscal Year 2006 (divi3 sion B of Public Law 109–163; 119 Stat. 3497), as 

4 amended by section 7016 of the Emergency Supple5 mental Appropriation Act for Defense, the Global 

6 War on Terror, and Hurricane Recovery, 2006 (Pub7 lic Law 109–234; 120 Stat. 485), $100,220,000. 

8 (10) For the construction of increment 2 of the 

9 Army Medical Research Institute of Infectious Dis10 eases Stage 1 at Fort Detrick, Maryland, authorized 

11 by section 2401(a) of the Military Construction Au12 thorization Act of Fiscal Year 2007 (division B of 

13 Public Law 109–364; 120 Stat. 2457), $109,000,000. 

14 (11) For the construction of increment 2 of the 

15 special operations forces operational facility at Dam 

16 Neck, Virginia, authorized by section 2401(a) of the 

17 Military Construction Authorization Act of Fiscal 

18 Year 2008 (division B of Public Law 110–181; 122 

19 Stat. 521), $31,000,000. 

20 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

21 PROJECTS.—Notwithstanding the cost variations author22 ized by section 2853 of title 10, United States Code, and 

23 any other cost variation authorized by law, the total cost 

24 of all projects carried out under section 2401 of this Act 

25 may not exceed the sum of the following: 


jbell on PROD1PC69 with BILLS
585 

•HR 5658 RH

1 (1) The total amount authorized to be appro2 priated under paragraphs (1), (2) and (3) of sub3 section (a). 

4 (2) $100,000,000 (the balance of the amount au5 thorized under section 2401(a) for the construction of 

6 the United States Army Medical Research Institute of 

7 Infectious Diseases Stage 1 at Fort Detrick, Mary8 land). 

9 (3) $80,000,000 (the balance of the amount au10 thorized under section 2401(c) for the construction of 

11 the Ballistic Missile Defense, European Interceptor 

12 Site). 

13 (4) $60,000,000 (the balance of the amount au14 thorized under section 2401(c) for the construction of 

15 the Ballistic Missile Defense, European Midcourse 

16 Radar Site). 

17 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN FISCAL YEAR 2007 PROJECT. 

19 (a) MODIFICATION.—The table relating to the 

20 TRICARE Management Activity in section 2401(a) of the 

21 Military Construction Authorization Act for Fiscal Year 

22 2007 (division B of Public Law 109–364; 120 Stat. 2457) 

23 is amended in the item relating to Fort Detrick, Maryland, 

24 by striking ‘‘$550,000,000’’ in the amount column and in25 serting ‘‘$683,000,000’’. 


jbell on PROD1PC69 with BILLS
586 

•HR 5658 RH

1 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) of 

2 that Act (120 Stat. 2461) is amended by striking 

3 ‘‘$521,000,000’’ and inserting ‘‘$654,000,000’’. 

4 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT 

5 CERTAIN FISCAL YEAR 2005 PROJECTS. 

6 (a) MODIFICATION.—The table in section 2401(a) of 

7 the Military Construction Authorization Act for Fiscal Year 

8 2005 (division B of Public Law 108–375; 118 Stat. 2112) 

9 is amended— 

10 (1) by striking the item relating to Defense Fuel 

11 Support Point, Naval Air Station, Oceana, Virginia; 

12 and 

13 (2) by striking the amount identified as the total 

14 in the amount column and inserting ‘‘$485,193,000’’. 

15 (b) CONFORMING AMENDMENTS.—Section 2404(a) of 

16 that Act (118 Stat. 2113) is amended— 

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘$1,055,663,000’’ and inserting 

19 ‘‘$1,052,074,000’’; and 

20 (2) in paragraph (1), by striking 

21 ‘‘$411,782,000’’ and inserting ‘‘$408,193,000’’. 

22 SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN 

23 FISCAL YEAR 2006 PROJECT. 

24 (a) EXTENSION.—Notwithstanding section 2701 of the 

25 Military Construction Authorization Act for Fiscal Year 


jbell on PROD1PC69 with BILLS
587 

•HR 5658 RH

1 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

2 authorizations set forth in the tables in subsection (b), as 

3 provided in section 2401 of that Act, shall remain in effect 

4 until October 1, 2009, or the date of the enactment of an 

5 Act authorizing funds for military construction for fiscal 

6 year 2010, whichever is later. 

7 (b) TABLE.—The table referred to in subsection (a) is 

8 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 

9 Subtitle B—Chemical 

10 Demilitarization Authorizations 

11 SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION 

12 PROGRAM CONSTRUCTION AND LAND ACQUI13 SITION PROJECTS. 

14 Using amounts appropriated pursuant to the author15 ization of appropriations in section 2412(1), the Secretary 

16 of Defense may acquire real property and carry out mili17 tary construction projects for the installations or locations 

18 inside the United States, and in the amounts, set forth in 

19 the following table: 

Chemical Demilitarization Program: Inside the United States 

Army Installation or Location Amount 

Army ...................................... Blue Grass Army Depot, Kentucky ............ $12,000,000 


jbell on PROD1PC69 with BILLS
588 

•HR 5658 RH

1 SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEM2 ICAL DEMILITARIZATION CONSTRUCTION, 

3 DEFENSE-WIDE. 

4 Funds are hereby authorized to be appropriated for fis5 cal years beginning after September 30, 2008, for military 

6 construction and land acquisition for chemical demili7 tarization in the total amount of $134,278,000, as follows: 

8 (1) For military construction projects inside the 

9 United States authorized by section 2411(a), 

10 $12,000,000. 

11 (2) For the construction of phase 10 of a muni12 tions demilitarization facility at Pueblo Chemical Ac13 tivity, Colorado, authorized by section 2401(a) of the 

14 Military Construction Authorization Act for Fiscal 

15 Year 1997 (division B of Public Law 104–201; 110 

16 Stat. 2775), as amended by section 2406 of the Mili17 tary Construction Authorization Act for Fiscal Year 

18 2000 (division B of Public Law 106–65; 113 Stat. 

19 839) and section 2407 of the Military Construction 

20 Authorization Act for Fiscal Year 2003 (division B of 

21 Public Law 107–314; 116 Stat. 2698), $65,060,000. 

22 (3) For the construction of phase 9 of a muni23 tions demilitarization facility at Blue Grass Army 

24 Depot, Kentucky, authorized by section 2401(a) of the 

25 Military Construction Authorization Act for Fiscal 

26 Year 2000 (division B of Public Law 106–65; 113 


jbell on PROD1PC69 with BILLS
589 

•HR 5658 RH

1 Stat. 835), as amended by section 2405 of the Mili2 tary Construction Authorization Act for Fiscal Year 

3 2002 (division B of Public Law 107–107; 115 Stat. 

4 1298) and section 2405 of the Military Construction 

5 Authorization Act for Fiscal Year 2003 (division B of 

6 Public Law 107–314; 116 Stat. 2698), $57,218,000. 

7 SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT 

8 CERTAIN FISCAL YEAR 1997 PROJECT. 

9 (a) MODIFICATIONS.—The table in section 2401(a) of 

10 the Military Construction Authorization Act for Fiscal Year 

11 1997 (division B of Public Law 104–201; 110 Stat. 2775), 

12 as amended by section 2406 of the Military Construction 

13 Authorization Act for Fiscal Year 2000 (division B of Pub14 lic Law 106–65; 113 Stat. 839) and section 2407 of the 

15 Military Construction Authorization Act for Fiscal Year 

16 2003 (division B of Public Law 107–314; 116 Stat. 2699), 

17 is amended— 

18 (1) under the agency heading relating to the 

19 Chemical Demilitarization Program, in the item re20 lating to Pueblo Army Depot, Colorado, by striking 

21 ‘‘$261,000,000’’ in the amount column and inserting 

22 ‘‘$484,000,000’’; and 

23 (2) by striking the amount identified as the total 

24 in the amount column and inserting ‘‘$830,454,000’’. 


jbell on PROD1PC69 with BILLS
590 

•HR 5658 RH

1 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) of 

2 the Military Construction Authorization Act for Fiscal Year 

3 1997 (110 Stat. 2779), as so amended, is further amended 

4 by striking ‘‘$261,000,000’’ and inserting ‘‘$484,000,000’’. 

5 SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT 

6 CERTAIN FISCAL YEAR 2000 PROJECT. 

7 (a) MODIFICATIONS.—The table in section 2401(a) of 

8 the Military Construction Authorization Act for Fiscal Year 

9 2000 (division B of Public Law 106–65; 113 Stat. 835), 

10 as amended by section 2405 of the Military Construction 

11 Authorization Act for Fiscal Year 2002 (division B of Pub12 lic Law 107–107; 115 Stat. 1298) and section 2405 of the 

13 Military Construction Authorization Act for Fiscal Year 

14 2003 (division B of Public Law 107–314; 116 Stat. 2698), 

15 is amended— 

16 (1) under the agency heading relating to Chem17 ical Demilitarization, in the item relating to Blue 

18 Grass Army Depot, Kentucky, by striking 

19 ‘‘$290,325,000’’ in the amount column and inserting 

20 ‘‘$492,000,000’’; and 

21 (2) by striking the amount identified as the total 

22 in the amount column and inserting ‘‘$949,920,000’’. 

23 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) of 

24 the Military Construction Authorization Act for Fiscal Year 

25 2000 (division B of Public Law 106–65; 113 Stat. 839), 


jbell on PROD1PC69 with BILLS
591 

•HR 5658 RH

1 as amended by section 2405 of the Military Construction 

2 Authorization Act for Fiscal Year 2002 (division B of Pub3 lic Law 107–107; 115 Stat. 1298) and section 2405 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2003 (division B of Public Law 107–314; 116 Stat. 2698), 

6 is further amended by striking ‘‘$267,525,000’’ and insert7 ing ‘‘$469,200,000’’. 

8 TITLE XXV—NORTH ATLANTIC 

9 TREATY ORGANIZATION SE10 CURITY INVESTMENT PRO11 GRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

12 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

13 ACQUISITION PROJECTS. 

14 The Secretary of Defense may make contributions for 

15 the North Atlantic Treaty Organization Security Invest16 ment Program as provided in section 2806 of title 10, 

17 United States Code, in an amount not to exceed the sum 

18 of the amount authorized to be appropriated for this pur19 pose in section 2502 and the amount collected from the 

20 North Atlantic Treaty Organization as a result of construc21 tion previously financed by the United States. 

22 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

23 Funds are hereby authorized to be appropriated for fis24 cal years beginning after September 30, 2008, for contribuVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
592 

•HR 5658 RH

1 tions by the Secretary of Defense under section 2806 of title 

2 10, United States Code, for the share of the United States 

3 of the cost of projects for the North Atlantic Treaty Organi4 zation Security Investment Program authorized by section 

5 2501, in the amount of $240,867,000. 

6 TITLE XXVI—GUARD AND 

7 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. 

8 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON9 STRUCTION AND LAND ACQUISITION 

10 PROJECTS. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2606(1)(A), the Sec13 retary of the Army may acquire real property and carry 

14 out military construction projects for the Army National 

15 Guard locations, and in the amounts, set forth in the fol16 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 


jbell on PROD1PC69 with BILLS
593 

•HR 5658 RH

Army National Guard—Continued 

State Location Amount 

Arkansas ............................... Cabot ........................................................... $10,868,000 

Colorado ................................ Denver ......................................................... $9,000,000 

Grand Junction .......................................... $9,000,000 

Connecticut ........................... Camp Rell ................................................... $28,000,000 

East Haven ................................................. $13,800,000 

Delaware ............................... New Castle .................................................. $28,000,000 

Florida .................................. Camp Blanding .......................................... $33,307,000 

Georgia .................................. Dobbins Air Reserve Base .......................... $45,000,000 

Idaho ..................................... Orchard Training Area ............................. $1,850,000 

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 lo7 cations, and in the amounts, set forth in the following table: 


jbell on PROD1PC69 with BILLS
594 

•HR 5658 RH

Army Reserve 

State Location Amount 

California .............................. Fort Hunter Liggett .................................... $3,950,000 

Hawaii Fort Shafter ................................................. $19,199,000 

Idaho ...................................... Hayden Lake ................................................ $9,580,000 

Kansas ................................... Dodge City ................................................... $8,100,000 

Maryland ............................... Baltimore ...................................................... $11,600,000 

Massachusetts ........................ Fort Devens .................................................. $1,900,000 

Michigan ................................ Saginaw ........................................................ $11,500,000 

Missouri ................................. Weldon Springs ............................................ $11,700,000 

Nevada ................................... Las Vegas ...................................................... $33,900,000 

New Jersey ............................ Fort Dix ....................................................... $3,825,000 

New York ............................... Kingston ....................................................... $13,494,000 

Shoreham ...................................................... $15,031,000 

Staten Island ............................................... $18,550,000 

North Carolina ...................... Raleigh .......................................................... $25,581,000 

Pennsylvania ......................... Letterkenny Army Depot ............................ $14,914,000 

Tennessee ............................... Chattanooga ................................................. $10,600,000 

Texas ...................................... Sinton ........................................................... $9,700,000 

Washington ............................ Seattle ........................................................... $37,500,000 

Wisconsin .............................. Fort McCoy .................................................. $4,000,000 

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 Marine 

8 Corps Reserve locations, and in the amounts, set forth in 

9 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 


jbell on PROD1PC69 with BILLS
595 

•HR 5658 RH

1 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(3)(A), the Sec5 retary of the Air Force may acquire real property and 

6 carry out military construction projects for the Air Na7 tional Guard locations, and in the amounts, set forth in 

8 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 

9 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC10 TION AND LAND ACQUISITION PROJECTS. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2606(3)(B), the Sec13 retary of the Air Force may acquire real property and 

14 carry out military construction projects for the Air Force 


jbell on PROD1PC69 with BILLS
596 

•HR 5658 RH

1 Reserve locations, and in the amounts, set forth in the fol2 lowing 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 

3 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA4 TIONAL GUARD AND RESERVE. 

5 Funds are hereby authorized to be appropriated for fis6 cal years beginning after September 30, 2008, for the costs 

7 of acquisition, architectural and engineering services, and 

8 construction of facilities for the Guard and Reserve Forces, 

9 and for contributions therefor, under chapter 1803 of title 

10 10, United States Code (including the cost of acquisition 

11 of land for those facilities), in the following amounts: 

12 (1) For the Department of the Army— 

13 (A) for the Army National Guard of the 

14 United States, $628,668,000; and 

15 (B) for the Army Reserve, $282,607,000. 

16 (2) For the Department of the Navy, for the 

17 Navy and Marine Corps Reserve, $57,045,000. 

18 (3) For the Department of the Air Force— 

19 (A) for the Air National Guard of the 

20 United States, $142,809,000; and 

21 (B) for the Air Force Reserve, $30,018,000. 


jbell on PROD1PC69 with BILLS
597 

•HR 5658 RH

1 SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2006 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

6 the authorizations set forth in the table in subsection (b), 

7 as provided in section 2601 of that Act, shall remain in 

8 effect until October 1, 2009, or the date of the enactment 

9 of an Act authorizing funds for military construction for 

10 fiscal year 2010, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 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 

13 SEC. 2608. EXTENSION OF AUTHORIZATION OF CERTAIN 

14 FISCAL YEAR 2005 PROJECT. 

15 (a) EXTENSION.—Notwithstanding section 2701 of the 

16 Military Construction Authorization Act for Fiscal Year 

17 2005 (division B of Public Law 108–375; 118 Stat. 2116), 

18 the authorization set forth in the table in subsection (b), 


jbell on PROD1PC69 with BILLS
598 

•HR 5658 RH

1 as provided in section 2601 of that Act, shall remain in 

2 effect until October 1, 2009, or the date of the enactment 

3 of an Act authorizing funds for military construction for 

4 fiscal year 2010, whichever is later. 

5 (b) TABLE.—The table referred to in subsection (a) is 

6 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 

7 TITLE XXVII—BASE CLOSURE 

8 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. 


jbell on PROD1PC69 with BILLS
599 

•HR 5658 RH

1 Subtitle A—Authorizations 

2 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

3 CLOSURE AND REALIGNMENT ACTIVITIES 

4 FUNDED THROUGH DEPARTMENT OF DE5 FENSE BASE CLOSURE ACCOUNT 1990. 

6 Funds are hereby authorized to be appropriated for fis7 cal years beginning after September 30, 2008, for base clo8 sure and realignment activities, including real property ac9 quisition and military construction projects, as authorized 

10 by the Defense Base Closure and Realignment Act of 1990 

11 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

12 2687 note) and funded through the Department of Defense 

13 Base Closure Account 1990 established by section 2906 of 

14 such Act, in the total amount of $393,377,000, as follows: 

15 (1) For the Department of the Army, 

16 $72,855,000. 

17 (2) For the Department of the Navy, 

18 $178,700,000 

19 (3) For the Department of the Air Force, 

20 $139,155,000. 

21 (4) For the Defense Agencies, $2,667,000. 


jbell on PROD1PC69 with BILLS
600 

•HR 5658 RH

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 of 

7 Defense may carry out base closure and realignment activi8 ties, including real property acquisition and military con9 struction projects, as authorized by the Defense Base Closure 

10 and Realignment Act of 1990 (part A of title XXIX of Pub11 lic Law 101–510; 10 U.S.C. 2687 note) and funded through 

12 the Department of Defense Base Closure Account 2005 es13 tablished by section 2906A of such Act, in the amount of 

14 $7,138,021,000. 

15 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

16 CLOSURE AND REALIGNMENT ACTIVITIES 

17 FUNDED THROUGH DEPARTMENT OF DE18 FENSE BASE CLOSURE ACCOUNT 2005. 

19 Funds are hereby authorized to be appropriated for fis20 cal years beginning after September 30, 2008, for base clo21 sure and realignment activities, including real property ac22 quisition and military construction projects, as authorized 

23 by 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) and funded through the Department of Defense 


jbell on PROD1PC69 with BILLS
601 

•HR 5658 RH

1 Base Closure Account 2005 established by section 2906A of 

2 such Act, in the total amount of $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 DEVEL13 OPMENT OF RECOMMENDATIONS IN ANY FU14 TURE 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 Base 

19 Closure and Realignment Act of 1990 (part A of title XXIX 

20 of Public Law 101–510; 10 U.S.C. 2687 note) are repealed. 

21 (b) CONFORMING AMENDMENTS.—Section 2903 of the 

22 Defense Base Closure and Realignment Act of 1990 (part 

23 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 

24 note) is amended— 

25 (1) in subsection (c)— 


jbell on PROD1PC69 with BILLS
602 

•HR 5658 RH

1 (A) in paragraph (1), by striking ‘‘and to 

2 the Commission’’; 

3 (B) in paragraph (2), by striking ‘‘and the 

4 Commission’’; 

5 (C) in paragraph (3)(C), by striking ‘‘the 

6 Commission and’’; 

7 (D) in paragraph (5)(A), by striking ‘‘or 

8 the Commission’’; and 

9 (E) by striking paragraph (6); and 

10 (2) in subsection (e)— 

11 (A) in paragraph (1), by striking ‘‘the Com12 mission makes recommendations under sub13 section (d), transmit to the Commission and to 

14 the Congress a report containing the President’s 

15 approval or disapproval of the Commissions’’ 

16 and inserting ‘‘the Secretary makes recommenda17 tions under subsection (c), transmit to the Con18 gress a report containing the President’s ap19 proval or disapproval of the Secretary’s’’; 

20 (B) in paragraphs (2), (4), and (5) and the 

21 second sentence of paragraph (3), by striking 

22 ‘‘the Commission’’ each place it appears and in23 serting ‘‘the Secretary’’; 

24 (C) in the first sentence of paragraph (3), 

25 by striking ‘‘the Commission, in whole or in 


jbell on PROD1PC69 with BILLS
603 

•HR 5658 RH

1 part, the President shall transmit to the Com2 mission and’’ and inserting ‘‘the Secretary, in 

3 whole or in part, the President shall transmit to 

4 the’’. 

5 (c) EFFECT OF REPEAL.—The amendments made by 

6 this section do not affect the validity of the recommenda7 tions submitted by the Defense Base Closure and Realign8 ment Commission in the 2005 or earlier rounds of closures 

9 and realignments of military installations. 

10 SEC. 2712. MODIFICATION OF ANNUAL BASE CLOSURE AND 

11 REALIGNMENT REPORTING REQUIREMENTS. 

12 (a) TERMINATION OF REPORTING REQUIREMENTS

13 AFTER FISCAL YEAR 2014.—Section 2907 of the Defense 

14 Base Closure and Realignment Act of 1990 (part A of title 

15 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is 

16 amended— 

17 (1) by striking ‘‘As part of the budget request for 

18 fiscal year 2007 and for each fiscal year thereafter’’ 

19 and inserting ‘‘(a) REPORTING REQUIREMENT.—As 

20 part of the budget request for fiscal year 2007 and for 

21 each fiscal year thereafter through fiscal year 2016’’; 

22 and 

23 (2) by adding at the end the following new sub24 section: 


jbell on PROD1PC69 with BILLS
604 

•HR 5658 RH

1 ‘‘(b) TERMINATION OF REPORTING REQUIREMENTS

2 RELATED TO REALIGNMENT ACTIONS.—The reporting re3 quirements under subsection (a) shall terminate with re4 spect to realignment actions after the report submitted with 

5 the budget for fiscal year 2014.’’. 

6 (b) EXCLUSION OF DESCRIPTIONS OF REALIGNMENT

7 ACTIONS.—Subsection (a) of such section, as designated 

8 and amended by subsection (a)(1) of this section, is further 

9 amended— 

10 (1) in paragraph (1), by striking ‘‘and realign11 ment’’ both places it appears; 

12 (2) in paragraph (2), by striking ‘‘and realign13 ments’’; and 

14 (3) in paragraphs (3), (4), (5), (6), and (7), by 

15 striking ‘‘or realignment’’ each place it appears. 

16 SEC. 2713. TECHNICAL CORRECTIONS REGARDING AUTHOR17 IZED COST AND SCOPE OF WORK VARIATIONS 

18 FOR MILITARY CONSTRUCTION AND MILI19 TARY FAMILY HOUSING PROJECTS RELATED 

20 TO BASE CLOSURES AND REALIGNMENTS. 

21 (a) CORRECTION OF CITATION IN AMENDATORY LAN22 GUAGE.— 

23 (1) IN GENERAL.—Section 2704(a) of the Mili24 tary Construction Authorization Act for Fiscal Year 


jbell on PROD1PC69 with BILLS
605 

•HR 5658 RH

1 2008 (division B of Public Law 110–181; 122 Stat. 

2 532) is amended— 

3 (B) in subsection (a), by striking ‘‘Section 

4 2905A’’ and inserting ‘‘Section 2906A’’; and 

5 (C) in subsection (b), by striking ‘‘section 

6 2905A’’ and inserting ‘‘section 2906A’’. 

7 (2) EFFECTIVE DATE.—The amendments made 

8 by paragraph (1) shall take effect on January 28, 

9 2008, as if included in the enactment of section 2704 

10 of the Military Construction Authorization Act for 

11 Fiscal Year 2008. 

12 (b) CORRECTION OF SCOPE OR WORK VARIATION LIMI13 TATION.—Subsection (f) of section 2906A of the Defense 

14 Base Closure and Realignment Act of 1990 (part A of title 

15 XXIX of Public Law 101–510; 10 U.S.C. 2687 note), as 

16 added by section 2704(a) of the Military Construction Au17 thorization Act for Fiscal Year 2008 (division B of Public 

18 Law 110–181; 122 Stat. 532) and amended by subsection 

19 (a), is amended by striking ‘‘20 percent or $2,000,000, 

20 whichever is greater’’ and inserting ‘‘20 percent or 

21 $2,000,000, whichever is less’’. 


jbell on PROD1PC69 with BILLS
606 

•HR 5658 RH

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 De7 fense may not commence the closure of Walter Reed Army 

8 Medical Hospital or continue with the construction at the 

9 National Naval Medical Center in Bethesda, Maryland, and 

10 Fort Belvoir, Virginia, of replacement facilities beyond the 

11 construction necessary to complete the foundations of the 

12 replacement facilities until— 

13 (1) the Secretary certifies to the congressional de14 fense committees that each of the conditions imposed 

15 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 com18 mittees. 

19 (b) PROGRESS ON DESIGN FOR REPLACEMENT FACILI20 TIES.— 

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 


jbell on PROD1PC69 with BILLS
607 

•HR 5658 RH

1 by an engineer or architect registered in the State of 

2 Maryland. 

3 (2) COLLABORATIVE DESIGN PROCESS.—The Sec4 retary of Defense may not delegate the responsibility 

5 for the preparation of the design for the National 

6 Military Medical Center to the prime contractor se7 lected for construction of the facility. The design for 

8 the National Military Medical Center shall be pre9 pared through a collaborative process involving— 

10 (A) personnel of the Department of Defense; 

11 (B) representatives of premier health care 

12 facilities in the United States; and 

13 (C) current and former patients of the mili14 tary medical system. 

15 (c) INDEPENDENT COST ESTIMATE.— 

16 (1) PREPARATION.—The Cost Analysis Improve17 ment Group of the Department of Defense shall pre18 pare an independent cost estimate of the total cost to 

19 be incurred by the United States to close Walter Reed 

20 Army Medical Hospital, design and construct replace21 ment facilities at the National Naval Medical Center 

22 and Fort Belvoir, and relocate operations to the re23 placement facilities. In preparing the cost estimate, 

24 the Cost Analysis Improvement Group shall not con25 sider the possibility of private funds being obtained to 


jbell on PROD1PC69 with BILLS
608 

•HR 5658 RH

1 construct the proposed traumatic brain injury treat2 ment facility at the National Naval Medical Center. 

3 (2) SUBMISSION.—The Secretary of Defense shall 

4 submit the resulting cost estimate to the congressional 

5 defense committees as soon as possible after the date 

6 of the enactment of this Act, but in no case later than 

7 the date on which the Secretary makes the certifi8 cation under subsection (a) with regard to compliance 

9 with this subsection. 

10 (d) MILESTONE SCHEDULE.— 

11 (1) PREPARATION.—The Secretary of Defense 

12 shall prepare a complete milestone schedule for the 

13 closure of Walter Reed Army Medical Hospital, the 

14 design and construction of replacement facilities at 

15 the National Naval Medical Center and Fort Belvoir, 

16 and the relocation of operations to the replacement fa17 cilities. The schedule shall include a detailed plan re18 garding how the Department of Defense will carry out 

19 the transition of operations between Walter Reed 

20 Army Medical Hospital and the replacement facili21 ties. 

22 (2) SUBMISSION.—The Secretary of Defense shall 

23 submit the resulting milestone schedule and transition 

24 plan to the congressional defense committees as soon 

25 as possible after the date of the enactment of this Act, 


jbell on PROD1PC69 with BILLS
609 

•HR 5658 RH

1 but in no case later than the date on which the Sec2 retary makes the certification under subsection (a) 

3 with regard to compliance with this subsection. 

4 SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES 

5 FOR REFINERIES OR NUCLEAR POWER 

6 PLANTS. 

7 Not later than October 1, 2009, the Secretary of De8 fense shall submit to the congressional defense committees 

9 a report evaluating the feasibility of using military instal10 lations selected for closure under the base closure and re11 alignment process as locations for the construction of petro12 leum or natural gas refineries or nuclear power plants. 

13 TITLE XXVIII—MILITARY CON14 STRUCTION GENERAL PROVI15 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. 

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. 


jbell on PROD1PC69 with BILLS
610 

•HR 5658 RH

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. 

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. 

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. 

Subtitle F—Other Matters 

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

National Cemetery. 


jbell on PROD1PC69 with BILLS
611 

•HR 5658 RH

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, Wright-Patterson 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-EFFECTIVE.— 

9 Subsection (c) of section 2801 of title 10, United States 

10 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); 

14 (2) by redesignating the subsequent three para15 graphs as paragraphs (2), (4), and (5), respectively; 

16 and 

17 (3) by inserting after paragraph (2), as so redes18 ignated, the following new paragraph: 

19 ‘‘(3) The term ‘life-cycle cost-effective’, with re20 spect to a project, product, or measure, means that 


jbell on PROD1PC69 with BILLS
612 

•HR 5658 RH

1 the sum of the present values of investment costs, cap2 ital costs, installation costs, energy costs, operating 

3 costs, maintenance costs, and replacement costs, as es4 timated for the lifetime of the project, product, or 

5 measure, does not exceed the base case (current or 

6 standard) for the practice, product, or measure.’’. 

7 (b) INCLUSION.—Section 2802 of such title is amended 

8 by adding at the end the following new subsection: 

9 ‘‘(c) In determining the scope of a proposed military 

10 construction project, the Secretary concerned shall submit 

11 to the President such recommendations as the Secretary 

12 considers to be appropriate regarding the incorporation and 

13 inclusion of life-cycle cost-effective practices as an element 

14 in the project documents submitted to Congress in connec15 tion with the budget submitted pursuant to section 1105 

16 of title 31 for the fiscal year in which a contract is proposed 

17 to be awarded for the project.’’. 

18 SEC. 2802. EXTENSION OF AUTHORITY TO USE OPERATION 

19 AND MAINTENANCE FUNDS FOR CONSTRUC20 TION PROJECTS OUTSIDE THE UNITED 

21 STATES. 

22 Section 2808(a) of the Military Construction Author23 ization Act for Fiscal Year 2004 (division B of Public Law 

24 108–136; 117 Stat. 1723), as amended by section 2810 of 

25 the Military Construction Authorization Act for Fiscal Year 


jbell on PROD1PC69 with BILLS
613 

•HR 5658 RH

1 2005 (division B of Public Law 108–375; 118 Stat. 2128), 

2 section 2809 of the Military Construction Authorization Act 

3 for Fiscal Year 2006 (division B of Public Law 109–163; 

4 119 Stat. 3508), section 2802 of the Military Construction 

5 Authorization Act for Fiscal Year 2007 (division B of Pub6 lic Law 109–364; 120 Stat. 2466), and section 2801(a) of 

7 the Military Construction Authorization Act for Fiscal Year 

8 2008 (division B of Public Law 110–181; 122 Stat. 538), 

9 is further amended by striking ‘‘2008’’ and inserting 

10 ‘‘2009’’. 

11 SEC. 2803. REVISION OF MAXIMUM LEASE AMOUNT APPLI12 CABLE TO CERTAIN DOMESTIC ARMY FAMILY 

13 HOUSING LEASES TO REFLECT PREVIOUSLY 

14 MADE ANNUAL ADJUSTMENTS IN AMOUNT. 

15 Section 2828(b)(7)(A) of title 10, United States Code, 

16 is amended by striking ‘‘$18,620 per unit’’ and inserting 

17 ‘‘$35,000 per unit’’. 

18 SEC. 2804. USE OF MILITARY FAMILY HOUSING CON19 STRUCTED UNDER BUILD AND LEASE AU20 THORITY TO HOUSE MEMBERS WITHOUT DE21 PENDENTS. 

22 (a) IN GENERAL.—Subchapter II of chapter 169 of 

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

24 section 2835 the following new section: 


jbell on PROD1PC69 with BILLS
614 

•HR 5658 RH

1 ‘‘§ 2835a. Use of military family housing constructed 

2 under build and lease authority to house 

3 other members 

4 ‘‘(a) INDIVIDUAL ASSIGNMENT OF MEMBERS WITHOUT

5 DEPENDENTS.—(1) To the extent that the Secretary con6 cerned determines that military family housing constructed 

7 and leased under section 2835 of this title is not needed 

8 to house members of the armed forces eligible for assignment 

9 to military family housing, the Secretary may assign, with10 out rental charge, members without dependents to the hous11 ing. 

12 ‘‘(2) A member without dependents who is assigned to 

13 housing pursuant to paragraph (1) shall be considered to 

14 be assigned to quarters pursuant to section 403(e) of title 

15 37. 

16 ‘‘(b) CONVERSION TO LONG-TERM LEASING OF MILI17 TARY UNACCOMPANIED HOUSING.—(1) If the Secretary 

18 concerned determines that military family housing con19 structed and leased under section 2835 of this title is excess 

20 to the long-term needs of the family housing program of 

21 the Secretary, the Secretary may convert the lease contract 

22 entered into under subsection (a) of such section into a long23 term lease of military unaccompanied housing. 

24 ‘‘(2) The term of the lease contract for military unac25 companied housing converted from military family housing 


jbell on PROD1PC69 with BILLS
615 

•HR 5658 RH

1 under paragraph (1) may not exceed the remaining term 

2 of the lease contract for the family housing so converted. 

3 ‘‘(c) NOTICE AND WAIT REQUIREMENTS.—(1) The Sec4 retary concerned may not convert military family housing 

5 to military unaccompanied housing under subsection (b) 

6 until— 

7 ‘‘(A) the Secretary submits to the congressional 

8 defense committees a notice of the intent to undertake 

9 the conversion; and 

10 ‘‘(B) a period of 21 days has expired following 

11 the date on which the notice is received by the com12 mittees or, if earlier, a period of 14 days has expired 

13 following the date on which a copy of the notice is 

14 provided in an electronic medium pursuant to section 

15 480 of this title. 

16 ‘‘(2) The notice required by paragraph (1) shall in17 clude— 

18 ‘‘(A) an explanation of the reasons for the con19 version of the military family housing to military un20 accompanied housing; 

21 ‘‘(B) a description of the long-term lease to be 

22 converted; 

23 ‘‘(C) amounts to be paid under the lease; and 

24 ‘‘(D) the expiration date of the lease. 


jbell on PROD1PC69 with BILLS
616 

•HR 5658 RH

1 ‘‘(d) APPLICATION TO HOUSING LEASED UNDER

2 FORMER AUTHORITY.—This section also shall apply to 

3 housing initially acquired or constructed under the former 

4 section 2828(g) of this title (commonly known as the ‘Build 

5 to Lease program’), as added by section 801 of the Military 

6 Construction Authorization Act, 1984 (Public Law 98–115; 

7 97 Stat 782).’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of such subchapter is amended by inserting 

10 after the item relating to section 2835 the following new 

11 item: 

‘‘2835a. Use of military family housing constructed under build and lease authority to house other members.’’. 

12 SEC. 2805. LEASE OF MILITARY FAMILY HOUSING TO THE 

13 SECRETARY OF DEFENSE FOR USE AS RESI14 DENCE. 

15 (a) LEASE OF HOUSING AUTHORIZED .—Subchapter 

16 II of chapter 169 of title 10, United States Code, is amended 

17 by adding at the end the following new section: 

18 ‘‘§ 2838. Lease of military family housing to the Sec19 retary of Defense for use as residence 

20 ‘‘(a) LEASE AUTHORIZED.—The Secretary of a mili21 tary department may lease military family housing in the 

22 National Capital Region (as such term is defined in section 

23 2674 of this title) to the person serving as the Secretary 

24 of Defense for the purpose of permitting the person to use 


jbell on PROD1PC69 with BILLS
617 

•HR 5658 RH

1 the housing as a personal residence while the person is serv2 ing as Secretary of Defense. In determining the unit of mili3 tary family housing to lease under this section, the Sec4 retary of Defense and the Secretaries of the military depart5 ments should first consider any units then available that 

6 are already substantially equipped for executive commu7 nications and security. 

8 ‘‘(b) RENTAL RATE.—A lease under subsection (a) of 

9 a unit of military family housing shall provide for the pay10 ment by the person serving as the Secretary of Defense of 

11 consideration in an amount equal to the higher of the fol12 lowing: 

13 ‘‘(1) 105 percent of the monthly rate for the basic 

14 allowance for housing prescribed under section 403(b) 

15 of title 37 for a member of the armed forces in the 

16 pay grade of O–10, with dependents, assigned to duty 

17 at the military installation on which the housing unit 

18 is located. 

19 ‘‘(2) The assessed fair market value of the hous20 ing unit, offset by the security and infrastructure sav21 ings associated with housing the lessee on a military 

22 installation. 

23 ‘‘(c) TREATMENT OF PROCEEDS.—(1) The Secretary of 

24 a military department shall deposit all money rentals re25 ceived pursuant to a lease entered into by that Secretary 


jbell on PROD1PC69 with BILLS
618 

•HR 5658 RH

1 under this section into a special account in the Treasury 

2 established for such military department. 

3 ‘‘(2) The proceeds deposited into a special account of 

4 a military department pursuant to paragraph (1) shall be 

5 available to the Secretary of that military department, in 

6 such amounts as are provided in advance in appropriation 

7 Acts, for maintenance, protection, alteration, repair, im8 provement, or restoration of military housing on the instal9 lation at which the housing leased pursuant to subsection 

10 (a) is located.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of such subchapter is amended by adding at 

13 the end the following new item: 

‘‘2838. Lease of military family housing to the Secretary of Defense for use as 

residence.’’. 

14 SEC. 2806. REPEAL OF REPORTING REQUIREMENT IN CON15 NECTION WITH INSTALLATION VULNER16 ABILITY ASSESSMENTS. 

17 Section 2859 of title 10, United States Code, is amend18 ed— 

19 (1) by striking subsection (c); and 

20 (2) by redesignating subsection (d) as subsection 

21 (c). 


jbell on PROD1PC69 with BILLS
619 

•HR 5658 RH

1 SEC. 2807. MODIFICATION OF ALTERNATIVE AUTHORITY 

2 FOR ACQUISITION AND IMPROVEMENT OF 

3 MILITARY HOUSING. 

4 (a) PARTNERSHIP WITH ELIGIBLE ENTITY RE5 QUIRED.—Section 2871(5) of title 10, United States Code, 

6 is amended by inserting before the period at the end the 

7 following: ‘‘that is prepared to enter into a contract as a 

8 partner with the Secretary concerned for the construction 

9 of military housing units and ancillary supporting facili10 ties’’. 

11 (b) BONDING REQUIREMENTS FOR ELIGIBLE ENTI12 TIES.—Section 2872 of such title is amended— 

13 (1) by inserting ‘‘(a) AVAILABILITY OF ALTER14 NATIVE AUTHORITIES.—’’ before ‘‘In addition’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(b) BONDING REQUIREMENTS FOR ELIGIBLE ENTI18 TIES.—The Secretary concerned shall ensure that an eligi19 ble entity that will acquire or construct housing units or 

20 ancillary supporting facilities under this subchapter is fully 

21 bonded for the construction of the units or facilities by ob22 taining payment and performance bonds in an amount not 

23 less than 100 percent of the maximum price allowable under 

24 the contract for the overall project.’’. 


jbell on PROD1PC69 with BILLS
620 

•HR 5658 RH

1 (c) COMPETITIVE PROCESS FOR CONVEYANCE OR

2 LEASE OF PROPERTY.—Section 2878 of such title is amend3 ed— 

4 (1) by redesignating subsections (c) and (d) as 

5 subsections (d) and (e); respectively; and 

6 (2) by inserting after subsection (b) the following 

7 new subsection: 

8 ‘‘(c) COMPETITIVE PROCESS.—The Secretary con9 cerned shall ensure that the time, method, and terms and 

10 conditions of the conveyance or lease of property or facilities 

11 under this section permit full and free competition con12 sistent with the value and nature of the property or facili13 ties involved.’’. 

14 (d) TREATMENT OF ACQUIRED OR CONSTRUCTED

15 HOUSING UNITS.— 

16 (1) REPEAL OF SEPARATE ASSIGNMENT AUTHOR17 ITY.—Section 2882 of such title is amended to read 

18 as follows: 

19 ‘‘§ 2882. Effect of assignment of members to housing 

20 units acquired or constructed under alter21 native authority 

22 ‘‘(a) TREATMENT AS QUARTERS OF THE UNITED

23 STATES.—Except as provided in subsection (b), housing 

24 units acquired or constructed under this subchapter shall 

25 be considered as quarters of the United States or a housing 


jbell on PROD1PC69 with BILLS
621 

•HR 5658 RH

1 facility under the jurisdiction of a uniformed service for 

2 purposes of section 403 of title 37. 

3 ‘‘(b) AVAILABILITY OF BASIC ALLOWANCE FOR HOUS4 ING.—A member of the armed forces who is assigned to a 

5 housing unit acquired or constructed under this subchapter 

6 that is not owned or leased by the United States shall be 

7 entitled to a basic allowance for housing under section 403 

8 of title 37. 

9 ‘‘(c) LEASE PAYMENTS THROUGH PAY ALLOT10 MENTS.—The Secretary concerned may require members of 

11 the armed forces who lease housing in housing units ac12 quired or constructed under this subchapter to make lease 

13 payments for such housing pursuant to allotments of the 

14 pay of such members under section 701 of title 37.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of subchapter IV of chapter 169 

17 of such title is amended by striking the item relating 

18 to section 2882 and inserting the following new item: 

‘‘2882. Effect of assignment of members to housing units acquired or constructed 

under alternative authority.’’. 

19 (e) ANNUAL REPORT ON MAINTENANCE AND REPAIR

20 TO PRIVATIZED GENERAL AND FLAG OFFICER QUAR21 TERS.—Section 2884(b) of such title is amended by adding 

22 at the end the following new paragraph: 

23 ‘‘(7) A report identifying each family housing 

24 unit acquired or constructed under this subchapter 


jbell on PROD1PC69 with BILLS
622 

•HR 5658 RH

1 that is used, or intended to be used, as quarters for 

2 a general officer or flag officer and for which the total 

3 operation, maintenance, and repair costs for the unit 

4 exceeded $35,000. For each housing unit so identified, 

5 the report shall also include the total of such oper6 ation, maintenance, and repair costs.’’. 

7 SEC. 2808. REPORT ON CAPTURING HOUSING PRIVATIZA8 TION BEST PRACTICES. 

9 Section 2884(b) of title 10, United States Code, is 

10 amended by adding at the end the following new paragraph: 

11 ‘‘(7) A separate report on best practices for the 

12 execution of housing privatization initiatives, cov13 ering the full range of issues that arise throughout the 

14 life of the project, from the identification of require15 ments, through construction, to sustainment of the 

16 public private venture following conclusion of the con17 tract. Issues covered by this reporting requirement in18 clude project oversight requirements, community, sub19 contractor, bond holder, and project owner relations, 

20 and such other topics that are identified as pertinent 

21 by the Department of Defense.’’. 


jbell on PROD1PC69 with BILLS
623 

•HR 5658 RH

1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2811. CLARIFICATION OF EXCEPTIONS TO CONGRES4 SIONAL REPORTING REQUIREMENTS FOR 

5 CERTAIN REAL PROPERTY TRANSACTIONS. 

6 Section 2662(c) of title 10, United States Code, is 

7 amended— 

8 (1) by striking ‘‘river and harbor projects or 

9 flood control projects’’ and inserting ‘‘Army civil 

10 works water resource development projects’’; and 

11 (2) by striking ‘‘acquisition specifically author12 ized in a Military Construction Authorization Act’’ 

13 and inserting ‘‘transaction specifically authorized in 

14 a Military Construction Authorization Act or other 

15 Act authorizing or directing activities of the Depart16 ment of Defense’’. 

17 SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY 

18 OF MILITARY DEPARTMENTS AND DEFENSE 

19 AGENCIES. 

20 (a) CONSOLIDATION OF SEPARATE AUTHORITIES.— 

21 (1) ESTABLISHMENT OF SINGLE AUTHORITY.— 

22 Subsection (a) of section 2667 of title 10, United 

23 States Code, is amended to read as follows: 

24 ‘‘(a) LEASE AUTHORITY.—Whenever the Secretary 

25 concerned considers it advantageous to the United States, 


jbell on PROD1PC69 with BILLS
624 

•HR 5658 RH

1 the Secretary concerned may lease to such lessee and upon 

2 such terms as the Secretary concerned considers will pro3 mote the national defense or to be in the public interest, 

4 real or personal property that— 

5 ‘‘(1) is under the control of the Secretary con6 cerned; 

7 ‘‘(2) is not for the time needed for public use; 

8 and 

9 ‘‘(3) is not excess property, as defined by section 

10 102 of title 40.’’. 

11 (2) SECRETARY CONCERNED DEFINED.—Sub12 section (i) of such section is amended by adding at 

13 the end the following new paragraph: 

14 ‘‘(4) The term ‘Secretary concerned’ means— 

15 ‘‘(A) the Secretary of a military depart16 ment, with respect to matters concerning that 

17 military department; and 

18 ‘‘(B) the Secretary of Defense, with respect 

19 to matters concerning the Defense Agencies.’’. 

20 (b) LIMITATION ON DURATION OF LEASE.—Subsection 

21 (b)(1) of such section is amended by inserting ‘‘, but not 

22 to exceed 50 years,’’ after ‘‘longer period’’. 

23 (c) PROHIBITION ON LEASEBACK WITH EXCESSIVE

24 ANNUAL PAYMENTS.—Subsection (b) of such section is 

25 amended— 


jbell on PROD1PC69 with BILLS
625 

•HR 5658 RH

1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (5); 

3 (2) by striking the period at the end of para4 graph (6) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new para6 graph: 

7 ‘‘(7) may not provide for a leaseback by the Sec8 retary concerned with an annual payment in excess 

9 of $500,000.’’. 

10 (d) IMPROVED CONGRESSIONAL NOTIFICATION RE11 QUIREMENTS.—Paragraph (4) of subsection (c) of such sec12 tion is amended to read as follows: 

13 ‘‘(4)(A) Not later than 30 days before issuing a con14 tract solicitation or other lease offering under this section 

15 for a lease whose annual payment, including any in-kind 

16 consideration to be accepted under subsection (b)(5) or this 

17 subsection, will exceed $500,000, the Secretary concerned 

18 shall submit to the congressional defense committees a re19 port containing— 

20 ‘‘(i) a description of the proposed lease, includ21 ing the proposed duration of the lease; 

22 ‘‘(ii) a description of the authorities to be used 

23 in entering the lease and the intended participation 

24 of the United States in the lease, including a jus25 tification of the intended method of participation; 


jbell on PROD1PC69 with BILLS
626 

•HR 5658 RH

1 ‘‘(iii) a statement of the scored cost of the lease, 

2 determined using the scoring criteria of the Office of 

3 Management and Budget; 

4 ‘‘(iv) a determination that the property involved 

5 in the lease is not excess property, as required by sub6 section (a)(3), including the basis for the determina7 tion; and 

8 ‘‘(v) a determination that the lease is directly 

9 compatible with the mission of the military installa10 tion or Defense Agency whose property is to be subject 

11 to the lease and the anticipated long-term use of the 

12 property at the conclusion of the lease. 

13 ‘‘(B) In the case of a lease described in subparagraph 

14 (A), the Secretary concerned also shall submit to the con15 gressional defense committees a report at least 30 days be16 fore the date on which the Secretary concerned enters into 

17 a lease the following information: 

18 ‘‘(i) A copy of the report submitted under sub19 paragraph (A). 

20 ‘‘(ii) A description of the differences between the 

21 report submitted under that subparagraph and the 

22 new report. 

23 ‘‘(iii) A description of the agreement reached 

24 with the local municipality on taxation issues and 


jbell on PROD1PC69 with BILLS
627 

•HR 5658 RH

1 other development issues related to the proposed 

2 project, including payments-in-lieu-of taxes. 

3 ‘‘(iv) A description of the lessee payment re4 quired under this section.’’. 

5 (e) PROHIBITION ON ACCEPTANCE OF IN-KIND TO

6 SUPPORT CERTAIN MWR PROJECTS.—Subsection (c) of 

7 such section is amended by adding at the end the following 

8 new paragraph: 

9 ‘‘(5) The Secretary concerned may not accept in-kind 

10 consideration under paragraph (1) with respect to a lease 

11 under this section to support the development of a project 

12 for a nonappropriated fund activity of the Department of 

13 Defense conducted for the morale, welfare, and recreation 

14 of members of the armed forces if the revenues estimated 

15 to be generated from the resulting facility would generally 

16 cover the operating expenses of the facility.’’. 

17 (f) CONFORMING AMENDMENTS TO REFERENCES TO

18 MILITARY DEPARTMENTS AND INSTALLATIONS.— 

19 (1) COMMUNITY SUPPORT FACILITIES AND COM20 MUNITY SUPPORT SERVICES.—Subsection (d) of such 

21 section is amended— 

22 (A) in paragraph (2), by striking ‘‘Sec23 retary of a military department’’ and inserting 

24 ‘‘Secretary concerned’’; and 


jbell on PROD1PC69 with BILLS
628 

•HR 5658 RH

1 (B) in paragraphs (3), (4), and (6), by 

2 striking ‘‘of the military department’’ each place 

3 it appears. 

4 (2) DEPOSIT AND USE OF PROCEEDS.—Sub5 section (e) of such section is amended— 

6 (A) in paragraph (1)(A)— 

7 (i) in the matter preceding clause (i)— 

8 (I) by striking ‘‘Secretary of a 

9 military department’’ and inserting 

10 ‘‘Secretary concerned’’; and 

11 (II) by striking ‘‘such military de12 partment’’ and inserting ‘‘that Sec13 retary’’; 

14 (ii) in clause (iii), by striking ‘‘mili15 tary department’’ and inserting ‘‘Sec16 retary’’ 

17 (B) in paragraph (1)(B)(i), by striking 

18 ‘‘Secretary of a military department’’ and in19 serting ‘‘Secretary concerned’’; 

20 (C) in paragraph (1)(C), by striking ‘‘of a 

21 military department pursuant to subparagraph 

22 (A) shall be available to the Secretary of that 

23 military department’’ and inserting ‘‘established 

24 for the Secretary concerned shall be available to 

25 the Secretary’’; 


jbell on PROD1PC69 with BILLS
629 

•HR 5658 RH

1 (D) in paragraph (1)(D)— 

2 (i) by striking ‘‘of a military depart3 ment under subparagraph (A)’’ and insert4 ing ‘‘established for the Secretary con5 cerned’’; and 

6 (ii) by inserting ‘‘or Defense Agency lo7 cation’’ after ‘‘military installation’’; 

8 (E) in paragraph (1)(E), by striking ‘‘in9 stallation’’ and inserting ‘‘military installation 

10 or Defense Agency location’’; and 

11 (F) in paragraph (3), by striking ‘‘Sec12 retary of a military department’’ and inserting 

13 ‘‘Secretary concerned’’. 

14 (3) BASE CLOSURE PROPERTY.—Subsection 

15 (g)(1) of such section is amended by striking ‘‘Sec16 retary of a military department’’ and inserting ‘‘Sec17 retary concerned’’. 

18 (g) REPEAL OF SEPARATE DEFENSE AGENCY AU19 THORITY.— 

20 (1) REPEAL.—Section 2667a of such title is re21 pealed. 

22 (2) EFFECT ON EXISTING CONTRACTS.—The re23 peal of section 2667a of title 10, United States Code, 

24 shall not affect the validity or terms of any lease with 

25 respect to property of a Defense Agency entered into 


jbell on PROD1PC69 with BILLS
630 

•HR 5658 RH

1 by the Secretary of Defense under such section before 

2 the date of the enactment of this Act. 

3 (3) TREATMENT OF MONEY RENTS.—Amounts in 

4 any special account established for a Defense Agency 

5 pursuant to subsection (d) of section 2667a of title 10, 

6 United States Code, before repeal of such section by 

7 paragraph (1), and amounts that would be deposited 

8 in such an account in connection with a lease referred 

9 to in paragraph (2), shall— 

10 (A) remain available until expended for the 

11 purposes specified in such subsection, notwith12 standing the repeal of such section by paragraph 

13 (1); or 

14 (B) to the extent provided in appropria15 tions Acts, be transferred to the special account 

16 required for the Secretary of Defense by sub17 section (e) of section 2667 of such title, as 

18 amended by subsection (f)(2) of this section. 

19 (h) CLERICAL AMENDMENTS.— 

20 (1) SECTION HEADING.—The heading of section 

21 2667 of such title is amended to read as follows: 

22 ‘‘§ 2667. Leases: non-excess property of military de23 partments and Defense Agencies’’. 

24 (2) TABLE OF SECTIONS.—The table of sections 

25 at the beginning of chapter 159 of such title is 


jbell on PROD1PC69 with BILLS
631 

•HR 5658 RH

1 amended by striking the items relating to sections 

2 2667 and 2667a and inserting the following new 

3 item: 

‘‘2667. Leases: non-excess property of military departments and Defense Agencies.’’. 

4 SEC. 2813. MODIFICATION OF UTILITY SYSTEM CONVEY5 ANCE AUTHORITY. 

6 (a) CONVEYANCE OF UTILITY SYSTEM INFRASTRUC7 TURE.—Section 2688 of title 10, United States Code, is 

8 amended— 

9 (1) by redesignating subsections (i) and (j) as 

10 subsections (j) and (k), respectively; and 

11 (2) by inserting after subsection (h) the following 

12 new subsection (i): 

13 ‘‘(i) CONVEYANCE OF UTILITY INFRASTRUCTURE

14 AFTER PRIVATIZATION OF UTILITY SYSTEM.—(1) The Sec15 retary concerned may convey all right, title, and interest 

16 of the United States, or such lesser estate as the Secretary 

17 considers appropriate, in and to utility system infrastruc18 ture under the jurisdiction of the Secretary to the entity 

19 to which a utility system has been conveyed under sub20 section (a) if the infrastructure will be used as part of the 

21 utility system. 

22 ‘‘(2) In making a conveyance under paragraph (1), the 

23 Secretary concerned may use other than competitive proce24 dures. As consideration for the conveyance, the Secretary 


jbell on PROD1PC69 with BILLS
632 

•HR 5658 RH

1 concerned shall receive an amount equal to the fair market 

2 value of the conveyed utility infrastructure, determined in 

3 the same manner as the consideration the Secretary could 

4 require under subsection (c) for the conveyance of a utility 

5 system under subsection (a).’’. 

6 (b) ASSISTANCE FOR CONSTRUCTION, REPAIR, OR RE7 PLACEMENT OF UTILITY INFRASTRUCTURE.—Subsection 

8 (h) of such section is amended— 

9 (1) in the subsection heading, by striking ‘‘SYS10 TEMS.—’’ and inserting ‘‘SYSTEMS OR INFRASTRUC11 TURE.—(1)’’; and 

12 (2) by adding at the end the following new para13 graph: 

14 ‘‘(2) In lieu of carrying out a military construction 

15 project to construct, repair, or replace utility infrastructure 

16 to be used with a utility system conveyed under subsection 

17 (a), the Secretary concerned may provide, from amounts 

18 authorized and appropriated for the project for fiscal year 

19 2009 or subsequent fiscal years, funds to the entity to which 

20 the utility system has been conveyed for use by the entity 

21 to construct, repair, or replace the utility infrastructure if 

22 the infrastructure will be used as part of the utility system. 

23 As consideration for the provision of such funds, the Sec24 retary may require a reduction in charges for utility serv25 ices in the same manner as a reduction in charges may 


jbell on PROD1PC69 with BILLS
633 

•HR 5658 RH

1 be required under subsection (c) for the conveyance of a util2 ity system under subsection (a).’’. 

3 SEC. 2814. PERMANENT AUTHORITY TO PURCHASE MUNIC4 IPAL SERVICES FOR MILITARY INSTALLA5 TIONS IN THE UNITED STATES. 

6 (a) PERMANENT AUTHORITY.—Chapter 146 of title 10, 

7 United States Code, is amended by inserting after section 

8 2465 the following new section: 

9 ‘‘§ 2465a. Contracts for procurement of municipal 

10 services for military installations in the 

11 United States 

12 ‘‘(a) CONTRACT AUTHORITY.—Subject to section 2465 

13 of this title, the Secretary a military department may enter 

14 into a contract for the procurement of municipal services 

15 described in subsection (b) for a military installation in 

16 the United States under the jurisdiction of the Secretary 

17 from a county or municipal government for the geographic 

18 area in which the installation is located. 

19 ‘‘(b) COVERED MUNICIPAL SERVICES.—Only the fol20 lowing municipal services may be procured for a military 

21 installation under the authority of this section: 

22 ‘‘(1) Refuse collection. 

23 ‘‘(2) Refuse disposal. 


jbell on PROD1PC69 with BILLS
634 

•HR 5658 RH

1 ‘‘(c) EXCEPTION FROM COMPETITIVE PROCEDURES.— 

2 The Secretary may enter in a contract under subsection (a) 

3 using procedures other than competitive procedures if— 

4 ‘‘(1) the term of the proposed contract does not 

5 exceed five years; 

6 ‘‘(2) the Secretary determines that the price for 

7 the municipal services to be provided under the con8 tract is fair and reasonable and represents the least 

9 cost to the Federal Government; and 

10 ‘‘(3) the business case supporting the Secretary’s 

11 determination under paragraph (2)— 

12 ‘‘(A) describes the availability, benefits, and 

13 drawbacks of alternative sources; and 

14 ‘‘(B) establishes that performance by the 

15 county or municipal government will not in16 crease costs to the Federal government, when 

17 compared to the cost of continued performance 

18 by the current provider of the services. 

19 ‘‘(d) LIMITATION ON DELEGATION.—The authority to 

20 make the determination described in subsection (c)(2) may 

21 not be delegated to a level lower than a Deputy Assistant 

22 Secretary for Installations and Environment or another of23 ficial of the Department of Defense at an equivalent level. 

24 ‘‘(e) CONGRESSIONAL NOTIFICATION.—The Secretary 

25 may not enter into a contract under subsection (a) for the 


jbell on PROD1PC69 with BILLS
635 

•HR 5658 RH

1 procurement of municipal services until the Secretary noti2 fies the congressional defense committees of the proposed 

3 contract and a period of 14 days elapses from the date the 

4 notification is received by the committees. The notification 

5 shall include a summary of the business case and an expla6 nation of how the adverse impact, if any, on civilian em7 ployees of the Department will be minimized. 

8 ‘‘(f) GUIDANCE.—The Secretary of Defense shall issue 

9 guidance to address the implementation of this section.’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by inserting after 

12 the item relating to section 2465 the following new item: 

‘‘2465a. Contracts for purchase of municipal services for military installations in 

the United States.’’. 

13 (c) TERMINATION OF PILOT PROGRAM.—Section 325 

14 of the Ronald W. Reagan National Defense Authorization 

15 Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 

16 2461 note) is repealed. The repeal of such section shall not 

17 affect the terms or validity of any contract entered into be18 fore the date of the enactment of this Act under the pilot 

19 program authorized by such section. 

20 SEC. 2815. DEFENSE ACCESS ROADS. 

21 (a) BASIS FOR TRANSPORTATION NEEDS ASSESS22 MENT.—Section 210(a) of title 23, United States Code, is 

23 amended— 

24 (1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; and 


jbell on PROD1PC69 with BILLS
636 

•HR 5658 RH

1 (2) by adding at the end the following new para2 graph: 

3 ‘‘(2) If it is determined that an action of the Depart4 ment of Defense will cause a significant transportation im5 pact to access to a military reservation, the Secretary of 

6 Defense shall conduct a transportation needs assessment to 

7 assess the magnitude of the improvement required to ad8 dress the impact.’’. 

9 (b) REPORT ON RECENTLY IDENTIFIED TRANSPOR10 TATION IMPACTS.—Not later than April 1, 2009, the Sec11 retary of Defense shall submit to the congressional defense 

12 committees and the Committee on Transportation and In13 frastructure of the House of Representatives a report that 

14 details the significant transportation impacts resulting 

15 from actions of the Department of Defense since January 

16 1, 2005. In the report, the Secretary shall assess the funding 

17 requirements necessary to address transportation needs re18 sulting from these significant transportation impacts. 

19 SEC. 2816. PROTECTING PRIVATE PROPERTY RIGHTS DUR20 ING DEPARTMENT OF DEFENSE LAND ACQUI21 SITIONS. 

22 (a) PROTECTION OF PRIVATE PROPERTY.—The Sec23 retary of Defense and the Secretaries of the military depart24 ments shall make every reasonable effort to acquire real 

25 property expeditiously by negotiation. Real property offered 


jbell on PROD1PC69 with BILLS
637 

•HR 5658 RH

1 shall meet the requirements of Secretary-approved real 

2 property acquisition plans. 

3 (b) WILLING SELLERS.—The Secretary of Defense or 

4 the Secretary of a military department shall not be pre5 cluded from acquiring real property from willing sellers so 

6 long as the real property offered meet the requirements of 

7 Secretary-approved real property acquisition plans 

8 Subtitle C—Provisions Related to 

9 Guam Realignment 

10 SEC. 2821. GUAM DEFENSE POLICY REVIEW INITIATIVE AC11 COUNT. 

12 (a) ESTABLISHMENT OF ACCOUNT.—There is estab13 lished on the books of the Treasury an account to be known 

14 as the ‘‘Guam Defense Policy Review Initiative Account’’ 

15 (in this section referred to as the ‘‘account’’). 

16 (b) CREDITS TO ACCOUNT.— 

17 (1) AMOUNTS IN FUND.—There shall be credited 

18 to the account all contributions received during fiscal 

19 year 2009 and subsequent fiscal years under section 

20 2350k of title 10, United States Code, for the realign21 ment of military installations and the relocation of 

22 military personnel on Guam. 

23 (2) NOTICE OF RECEIPT OF CONTRIBUTIONS.— 

24 The Secretary of Defense shall submit to the congres25 sional defense committees written notice of the receipt 


jbell on PROD1PC69 with BILLS
638 

•HR 5658 RH

1 of contributions referred to in paragraph (1), includ2 ing the amount of the contributions, not later than 30 

3 days after receiving the contributions. 

4 (c) USE OF ACCOUNT.— 

5 (1) AUTHORIZED USES.—Subject to paragraph 

6 (2), to the extent provided in advance in appropria7 tions Acts, amounts in the account may be used as 

8 follows: 

9 (A) To carry out or facilitate the carrying 

10 out of a transaction authorized by this section in 

11 connection with the realignment of military in12 stallations and the relocation of military per13 sonnel on Guam, including military construc14 tion, military family housing, unaccompanied 

15 housing, general facilities constructions for mili16 tary forces, and utilities improvements. 

17 (B) To carry out improvements of property 

18 or facilities on Guam as part of such a trans19 action. 

20 (C) To obtain property support services for 

21 property or facilities on Guam resulting from 

22 such a transaction. 

23 (D) To develop military facilities or train24 ing ranges in the Commonwealth of the Northern 

25 Mariana Islands. 


jbell on PROD1PC69 with BILLS
639 

•HR 5658 RH

1 (2) COMPLIANCE WITH GUAM MASTER PLAN.— 

2 Transactions authorized by paragraph (1) shall be 

3 consistent with the Guam Master Plan, as incor4 porated in decisions made in the manner provided in 

5 section 102 of the National Environmental Policy Act 

6 of 1969 (42 U.S.C. 4332). 

7 (3) LIMITATION REGARDING MILITARY HOUS8 ING.—To extent that the authorities provided under 

9 subchapter IV of chapter 169 of title 10, United 

10 States Code, are available to the Secretary of Defense, 

11 the Secretary shall use such authorities to acquire, 

12 construct, or improve family housing units, military 

13 unaccompanied housing units, or ancillary sup14 porting facilities in connection with the relocation of 

15 military personnel on Guam. 

16 (4) SPECIAL REQUIREMENTS REGARDING USE OF

17 CONTRIBUTIONS.— 

18 (A) TREATMENT OF CONTRIBUTIONS.—Ex19 cept as provided in subparagraph (C), the use of 

20 contributions referred to in subsection (b)(1) 

21 shall not subject to conditions imposed on the use 

22 of appropriated funds by chapter 169 of title 10, 

23 United States Code, or contained in annual 

24 military construction appropriations Acts. 


jbell on PROD1PC69 with BILLS
640 

•HR 5658 RH

1 (B) NOTICE OF OBLIGATION.—Contribu2 tions referred to in subsection (b)(1) may not be 

3 obligated for a transaction authorized by para4 graph (1) until the Secretary of Defense submits 

5 to the congressional defense committees notice of 

6 the transaction, including a detailed cost esti7 mate, and a period of 21 days has elapsed after 

8 the date on which the notification is received by 

9 the committees or, if earlier, a period of 14 days 

10 has elapsed after the date on which a copy of the 

11 notification is provided in an electronic medium. 

12 (C) COST AND SCOPE OF WORK VARI13 ATIONS.—Section 2853 of title 10, United States 

14 Code, shall apply to the use of contributions re15 ferred to in subsection (b)(1). 

16 (D) COMPLIANCE WITH WAGE RATE RE17 QUIREMENTS.—Subchapter IV of chapter 31 of 

18 title 40, United States Code, shall apply to the 

19 use of contributions referred to in subsection 

20 (b)(1). 

21 (d) TRANSFER AUTHORITY.— 

22 (1) TRANSFER TO HOUSING FUNDS.—The Sec23 retary of Defense may transfer funds from the Guam 

24 Defense Policy Review Initiative Account to the fol25 lowing funds: 


jbell on PROD1PC69 with BILLS
641 

•HR 5658 RH

1 (A) The Department of Defense Family 

2 Housing Improvement Fund established by sec3 tion 2883(a)(1) of title 10, United States Code. 

4 (B) The Department of Defense Military 

5 Unaccompanied Housing Improvement Fund es6 tablished by section 2883(a)(2) of such title. 

7 (2) TREATMENT OF TRANSFERRED AMOUNTS.— 

8 Amounts transferred under paragraph (1) to a fund 

9 referred to in that paragraph shall be available in ac10 cordance with the provisions of section 2883 of title 

11 10, United States Code for activities on Guam au12 thorized under subchapter IV of chapter 169 of such 

13 title. 

14 (e) REPORT REGARDING GUAM MILITARY CONSTRUC15 TION.—Not later than February 15 of each year, the Sec16 retary of Defense shall submit to Congress a report con17 taining information on each military construction project 

18 included in the budget submission for the next fiscal year 

19 related to the realignment of military installations and the 

20 relocation of military personnel on Guam. The Secretary 

21 shall present the information in manner consistent with the 

22 presentation of projects in the military construction ac23 counts for each of the military departments in the budget 

24 submission. The report shall also include projects associated 

25 with the realignment of military installations and relocaVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00641 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
642 

•HR 5658 RH

1 tion of military personnel on Guam that are included in 

2 the future-years defense program pursuant to section 221 

3 of title 10, United States Code. 

4 SEC. 2822. SENSE OF CONGRESS REGARDING USE OF SPE5 CIAL PURPOSE ENTITIES FOR MILITARY 

6 HOUSING RELATED TO GUAM REALIGNMENT. 

7 (a) NATURE OF SPECIAL PURPOSE ENTITIES.—It is 

8 the sense of Congress that any Special Purpose Entity es9 tablished to assist in the provision of military family hous10 ing in connection with the realignment of military installa11 tions and the relocation of military personnel on Guam 

12 should— 

13 (1) be operated, to the extent practicable, in the 

14 manner provided for public-private ventures under 

15 subchapter IV of chapter 169 of title 10, United 

16 States Code; and 

17 (2) be conducted as joint ventures between Japa18 nese and United States private firms, except that any 

19 military family housing venture carried out by such 

20 a joint venture should be primarily managed by a 

21 United States private firm. 

22 (b) SCOPE OF ACTIVITIES.—It is the sense of Congress 

23 that funding for such a Special Purpose Entity should not 

24 be limited to only utility improvements and the construc25 tion of military family housing in connection with the reVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
643 

•HR 5658 RH

1 alignment of military installations and the relocation of 

2 military personnel on Guam. 

3 (c) UTILITY INFRASTRUCTURE IMPROVEMENTS.—It is 

4 the sense of Congress that funding for such a Special Pur5 pose Entity should support proposed utility infrastructure 

6 improvements on Guam that incorporate the civilian and 

7 military infrastructure into a single grid to realize and 

8 maximize the effectiveness of the overall utility system. 

9 (d) MILITARY FAMILY HOUSING.—It is the sense of 

10 Congress that the building requirements imposed for any 

11 military family housing constructed by such a Special Pur12 pose Entity in connection with the realignment of military 

13 installations and the relocation of military personnel on 

14 Guam should be established by the Department of Defense 

15 in accordance with current building standards that are 

16 used with other projects. 

17 (e) SPECIAL PURPOSE ENTITY DEFINED.—In this sec18 tion, the term ‘‘Special Purpose Entity’’ means a wholly 

19 independent entity established for a specific and limited 

20 purpose to facilitate the realignment of military installa21 tions and the relocation of military personnel on Guam. 

22 SEC. 2823. SENSE OF CONGRESS REGARDING FEDERAL AS23 SISTANCE TO GUAM. 

24 (a) SENSE OF CONGRESS.—It is the sense of Congress 

25 that the Secretary of Defense, in coordination with the 


jbell on PROD1PC69 with BILLS
644 

•HR 5658 RH

1 Interagency Group on Insular Areas, should enter into a 

2 memorandum of understanding with the Government of 

3 Guam to identify, before the realignment of military instal4 lations and the relocation of military personnel on Guam, 

5 local funding requirements for civilian infrastructure devel6 opment and other needs related to the realignment and relo7 cation. The memorandum of understanding would stipulate 

8 the commitment of Federal agencies to assist the Govern9 ment of Guam in carrying out the Guam realignment in 

10 a responsible and consistent manner. 

11 (b) INTERAGENCY GROUP ON INSULAR AREAS DE12 FINED.—In this section, the term ‘‘Interagency Group on 

13 Insular Areas’’ means the interagency group established by 

14 Executive Order No. 13299 of May 12, 2003 (68 Fed. Reg. 

15 25477; 48 U.S.C. note prec. 1451). The term includes any 

16 sub-group or working group of that interagency group. 

17 SEC. 2824. COMPTROLLER GENERAL REPORT REGARDING 

18 INTERAGENCY REQUIREMENTS RELATED TO 

19 GUAM REALIGNMENT. 

20 (a) REPORT REQUIRED.—Not later than 180 days 

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

22 General shall submit to Congress a report on the status of 

23 interagency coordination through the Interagency Group on 

24 Insular Areas of budgetary requests to assist the Govern25 ment of Guam with its budgetary requirements related to 


jbell on PROD1PC69 with BILLS
645 

•HR 5658 RH

1 the realignment of military forces on Guam. The report 

2 shall address to what extent and how the Interagency Group 

3 on Insular Areas will be able to coordinate interagency 

4 budgets so the realignment of military forces on Guam will 

5 meet the 2014 completion date as stipulated in the May 

6 2006 security agreement between the United States and 

7 Japan. 

8 (b) INTERAGENCY GROUP ON INSULAR AREAS DE9 FINED.—In this section, the term ‘‘Interagency Group on 

10 Insular Areas’’ means the interagency group established by 

11 Executive Order No. 13299 of May 12, 2003 (68 Fed. Reg. 

12 25477; 48 U.S.C. note prec. 1451). The term includes any 

13 sub-group or working group of that interagency group. 

14 SEC. 2825. ENERGY AND ENVIRONMENTAL DESIGN INITIA15 TIVES IN GUAM MILITARY CONSTRUCTION 

16 AND INSTALLATIONS. 

17 (a) LEADERSHIP IN ENERGY AND ENVIRONMENTAL

18 DESIGN PRINCIPLES.—With respect to all new military 

19 construction projects on Guam and military housing to be 

20 constructed on Guam related to the realignment of military 

21 forces on Guam, the Secretary of Defense shall require the 

22 incorporation of design criteria promulgated in the Leader23 ship in Energy and Environmental Design Green Building 

24 Rating System, as developed by the United States Green 

25 Building Council, to achieve not less than the silver standVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00645 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
646 

•HR 5658 RH

1 ard. This requirement shall apply regardless of the source 

2 of funds for the project. 

3 (b) RENEWABLE ENERGY GOAL.—The Secretary of De4 fense shall establish a goal for the use of renewable energy 

5 sources on all military installations on Guam. Not later 

6 than one year after the date of the enactment of this Act, 

7 the Secretary shall submit to the congressional defense com8 mittees a report containing the plan of the Secretary to 

9 achieve the renewable energy goal. The report shall identify 

10 the renewable sources of energy that will be utilized and 

11 describe how the renewable sources will be utilized and in12 stalled at military installations on Guam. 

13 SEC. 2826. DEPARTMENT OF DEFENSE INSPECTOR GEN14 ERAL REPORT REGARDING GUAM REALIGN15 MENT. 

16 Not later than 180 days after the date of the enactment 

17 of this Act, the Inspector General of the Department of De18 fense shall submit to the congressional defense committees 

19 a report on the efforts of the Inspector General to address 

20 potential waste and fraud associated with the realignment 

21 of military forces on Guam. 


jbell on PROD1PC69 with BILLS
647 

•HR 5658 RH

1 SEC. 2827. ELIGIBILITY OF THE COMMONWEALTH OF THE 

2 NORTHERN MARIANA ISLANDS FOR MILITARY 

3 BASE REUSE STUDIES AND COMMUNITY 

4 PLANNING ASSISTANCE. 

5 (a) INCLUSION IN DEFINITION OF MILITARY INSTALLA6 TION.—Section 2687(e)(1) of title 10, United States Code, 

7 is amended by inserting after ‘‘Virgin Islands,’’ the fol8 lowing: ‘‘the Commonwealth of the Northern Mariana Is9 lands,’’. 

10 (b) INCLUSION OF FACILITIES OWNED AND OPERATED

11 BY COMMONWEALTH.—Section 2391(d)(1) of title 10, 

12 United States Code, is amended by inserting after ‘‘Guam,’’ 

13 the following: ‘‘the Commonwealth of the Northern Mariana 

14 Islands,’’. 

15 SEC. 2828. PREVAILING WAGE APPLICABLE TO GUAM. 

16 (a) IN GENERAL.—Subchapter I of chapter 169 of title 

17 10, United States Code, is amended by adding at the end 

18 the following new section: 

19 ‘‘§ 2816. Application of prevailing wage for construc20 tion on Guam 

21 ‘‘Subchapter IV of chapter 31 of title 40, United States 

22 Code, shall apply to any military construction authorized 

23 under this chapter of any facilities on Guam. In order to 

24 carry out the requirements of this section, the Secretary of 

25 Labor shall have the authority and functions set forth in 


jbell on PROD1PC69 with BILLS
648 

•HR 5658 RH

1 Reorganization Plan Number 14 of 1950 and section 3145 

2 of title 40, United States Code.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections at 

4 the beginning of such subchapter is amended by adding at 

5 the end the following new item: 

‘‘2816. Application of prevailing wage for construction on Guam.’’. 

6 Subtitle D—Energy Security 

7 SEC. 2841. CERTIFICATION OF ENHANCED USE LEASES FOR 

8 ENERGY-RELATED PROJECTS. 

9 Section 2667(h) of title 10, United States Code, is 

10 amended by adding at the end the following new paragraph: 

11 ‘‘(5) If a proposed lease under subsection (a) involves 

12 a project related to energy production and the term of the 

13 lease exceeds 20 years, the Secretary concerned may not 

14 enter into the lease until at least 30 days after the date 

15 on which the Secretary of Defense submits to the congres16 sional defense committees a certification that the lease is 

17 consistent with the Department of Defense performance 

18 goals and plan required by section 2911 of this title.’’. 

19 SEC. 2842. ANNUAL REPORT ON DEPARTMENT OF DEFENSE 

20 INSTALLATIONS ENERGY MANAGEMENT. 

21 Section 2925(a) of title 10, United States Code, is 

22 amended— 

23 (1) by striking the subsection heading and in24 serting the following: ‘‘ANNUAL REPORT RELATED TO

25 INSTALLATIONS ENERGY MANAGEMENT.—’’ 


jbell on PROD1PC69 with BILLS
649 

•HR 5658 RH

1 (2) in paragraph (1), by inserting ‘‘, the Energy 

2 Independence and Security Act of 2007 (Public Law 

3 110–140),’’ after ‘‘58)’’; and 

4 (3) by adding at the end the following new para5 graph: 

6 ‘‘(6) A description and estimate of the progress 

7 made by the military departments to meet the certifi8 cation requirements for sustainable green-building 

9 standards in construction and major renovations.’’. 

10 Subtitle E—Land Conveyances 

11 SEC. 2851. LAND CONVEYANCE, FORMER NAVAL AIR STA12 TION, ALAMEDA, CALIFORNIA. 

13 (a) CONVEYANCE REQUIRED.—The Secretary of the 

14 Navy shall convey to the redevelopment authority for the 

15 former Naval Air Station Alameda, California (in this sec16 tion referred to as the ‘‘redevelopment authority’’), all right, 

17 title and interest of the United States in and to the real 

18 and personal property comprising Naval Air Station Ala19 meda, except those parcels identified for public benefit con20 veyance and certain surplus lands at the Naval Air Station 

21 Alameda described in the Federal Register on November 5, 

22 2007. In this section, the real and personal property to be 

23 conveyed under this section is referred to as the ‘‘NAS Prop24 erty’’. 


jbell on PROD1PC69 with BILLS
650 

•HR 5658 RH

1 (b) MULTIPLE CONVEYANCES.—The conveyance of the 

2 NAS Property may be conducted through multiple parcel 

3 transfers. 

4 (c) CONSIDERATION OPTIONS.—As consideration for 

5 the conveyance of the NAS Property under subsection (a), 

6 the Secretary of the Navy and the redevelopment authority 

7 shall agree upon one of the following options: 

8 (1) Not later than nine months after the date of 

9 the enactment of this Act, the redevelopment authority 

10 shall accept the consideration terms described in the 

11 document negotiated between the redevelopment au12 thority and the Secretary of the Navy known as the 

13 draft ‘‘Summary of Acquisition Terms and Condi14 tions’’ and dated September 18, 2006, as such lan15 guage may be amended, with value to be determined 

16 for the portion of the NAS Property known as Parcel 

17 3, and subsequently make payments to the Secretary 

18 in accordance with such document. 

19 (2)(A) The redevelopment authority shall ensure 

20 that the entity that acquires title to the NAS Property 

21 for development (in this paragraph referred to as the 

22 ‘‘development entity’’) submits to the Secretary of the 

23 Navy a down payment of $10,000,000 dollars at the 

24 time the initial portion of the NAS Property is con25 veyed to the development entity. 


jbell on PROD1PC69 with BILLS
651 

•HR 5658 RH

1 (B) In addition, the redevelopment entity shall 

2 submit to the Secretary 12 percent of all gross resi3 dential and commercial building sales to the first 

4 bona-fide, arms-length third-party buyer, whether as 

5 new construction or the sale of rehabilitated existing 

6 structures. In the event that the development entity 

7 transfers all or any portion of the NAS Property to 

8 a third party, including any subsidiaries, before the 

9 completion of new or rehabilitated construction, the 

10 development entity shall satisfy the payment require11 ment as prescribed in this paragraph at such time as 

12 the NAS Property is conveyed to a bona-fide, arms13 length third-party buyer. This obligation shall not 

14 apply to the sale of any buildings on land held in the 

15 public trust by the State of California or sales of land 

16 or buildings for the purposes of constructing or other17 wise providing affordable housing, as determined by 

18 the Secretary. 

19 (3)(A) The redevelopment authority shall submit 

20 80 percent of the gross proceeds received by the rede21 velopment authority from the redevelopment 

22 authority’s competitive solicitation of any portion of 

23 the NAS Property not encumbered by the public trust. 

24 (B) To comply with this paragraph, the redevel25 opment authority shall— 


jbell on PROD1PC69 with BILLS
652 

•HR 5658 RH

1 (i) prepare, for review and approval by the 

2 Secretary of the Navy, commercially reasonable 

3 solicitation materials consisting of a request for 

4 qualifications and a request for proposals for the 

5 conveyance or lease of the NAS Property, as ap6 propriate, in accordance with established con7 tract principles, and such approval by the Sec8 retary shall not be unreasonably withheld; and 

9 (ii) pay to the Secretary the required share 

10 of monies received by the redevelopment author11 ity by reason of any contract or agreement exe12 cuted as a result of the solicitation. 

13 (d) EXISTING USES.—During the three-year period be14 ginning on the date on which the first conveyance under 

15 this section is made, the redevelopment authority shall make 

16 reasonable efforts to accommodate the continued use by the 

17 United States of those portions of the NAS Property covered 

18 by a request for Federal Land Transfer so long as the ac19 commodation of such use is at no cost or expense to the 

20 redevelopment authority. Such accommodations shall pro21 vide adequate protection for the endangered California 

22 Least Tern in accordance with the requirements of the exist23 ing Biological Opinion for Naval Air Station Alameda 

24 dated March 22, 1999, and any future amendments to the 

25 Biological Opinion. 


jbell on PROD1PC69 with BILLS
653 

•HR 5658 RH

1 (e) REMEDIATION.—The Secretary of the Navy shall, 

2 to the extent practicable, remediate the NAS Property to 

3 the standard included by the Secretary and the redevelop4 ment authority in the document referred to in subsection 

5 (c)(1). 

6 (f) SAVINGS PROVISION.—Nothing in this section shall 

7 be construed to affect or limit the application of, or any 

8 obligation to comply with, any environmental law, includ9 ing the Comprehensive Environmental Response, Com10 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

11 seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

12 et seq.). 

13 (g) DESCRIPTION OF PROPERTY.—The exact acreage 

14 and legal description of the real property to be conveyed 

15 under this section shall be determined by a survey satisfac16 tory to the Department. 

17 (h) MASTER LEASE.—The Lease in Furtherance of 

18 Conveyance, dated June 2000, as amended, between the Sec19 retary of the Navy and the redevelopment authority shall 

20 remain in full force and effect until conveyance of the NAS 

21 Property in accordance with this section, and a lease 

22 amendment recognizing this section shall be offered by the 

23 Secretary. 

24 (i) TREATMENT OF AMOUNTS RECEIVED.—Amounts 

25 received by the United States under this section shall be 


jbell on PROD1PC69 with BILLS
654 

•HR 5658 RH

1 credited to the fund or account intended to receive proceeds 

2 from the disposal of the NAS Property pursuant to the De3 fense Base Closure and Realignment Act of 1990 (part A 

4 of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note). 

5 (j) ADDITIONAL TERMS AND CONDITIONS.—The Sec6 retary of the Navy may require such additional terms and 

7 conditions in connection with the conveyance under sub8 sections (a) as the Secretary considers appropriate to pro9 tect the interests of the United States. 

10 SEC. 2852. LAND CONVEYANCE, NORWALK DEFENSE FUEL 

11 SUPPLY POINT, NORWALK, CALIFORNIA. 

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

13 Air Force may convey, without consideration, to the City 

14 of Norwalk, California (in this section referred to as the 

15 ‘‘City’’), all right, title, and interest of the United States 

16 in and to a parcel of real property, including improvements 

17 thereon, consisting of approximately 10 acres of the Nor18 walk Defense Fuel Supply Point in Norwalk, California, 

19 for the purpose of permitting the City to utilize the property 

20 for recreational purposes as an addition to the adjacent 

21 Holifield Park. In connection with the conveyance, the Sec22 retary may make a payment to the City to assist the City 

23 in making municipal upgrades in the vicinity of the Nor24 walk Defense Fuel Supply Point. 


jbell on PROD1PC69 with BILLS
655 

•HR 5658 RH

1 (b) ENVIRONMENTAL REMEDIATION.—The Secretary 

2 shall manage and carry out environmental remediation ac3 tivities with respect to the property to be conveyed under 

4 subsection (a) that, at a minimum, achieve the standard 

5 sufficient to allow the property to be used for the purposes 

6 specified in such subsection. The Secretary shall endeavor 

7 to enter into an agreement with the holder of an easement 

8 on the property to ensure that the easement holder partici9 pates in the remediation of the property. 

10 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

11 and legal description of the real property to be conveyed 

12 under subsection (a) shall be determined by a survey satis13 factory to the Secretary. 

14 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

15 (1) PAYMENT REQUIRED.—The Secretary shall 

16 require the City 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 re20 lated to environmental documentation, and other ad21 ministrative costs related to the conveyance. If 

22 amounts are collected from the City in advance of the 

23 Secretary incurring the actual costs, and the amount 

24 collected exceeds the costs actually incurred by the 


jbell on PROD1PC69 with BILLS
656 

•HR 5658 RH

1 Secretary to carry out the conveyance, the Secretary 

2 shall refund the excess amount to the City. 

3 (2) TREATMENT OF AMOUNTS RECEIVED.— 

4 Amounts received as reimbursements under para5 graph (1) shall be credited to the fund or account that 

6 was used to cover the costs incurred by the Secretary 

7 in carrying out the conveyance. Amounts so credited 

8 shall be merged with amounts in such fund or account 

9 and shall be available for the same purposes, and sub10 ject to the same conditions and limitations, as 

11 amounts in such fund or account. 

12 (e) SAVINGS PROVISION.—Nothing in this section shall 

13 be construed to affect or limit the application of, or any 

14 obligation to comply with, any environmental law, includ15 ing the Comprehensive Environmental Response, Com16 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

17 seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

18 et seq.). 

19 (f) ADDITIONAL TERM AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions 

21 in connection with the conveyance under subsection (a) as 

22 the Secretary considers appropriate to protect the interests 

23 of the United States. 


jbell on PROD1PC69 with BILLS
657 

•HR 5658 RH

1 SEC. 2853. LAND CONVEYANCE, FORMER NAVAL STATION, 

2 TREASURE ISLAND, CALIFORNIA. 

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

4 Navy shall convey to the redevelopment authority for former 

5 Naval Station, Treasure Island, California (in this section 

6 referred to as the ‘‘redevelopment authority’’), all right, 

7 title, and interest of the United States in and to a parcel 

8 of real property consisting of those portions of the former 

9 Naval Station still retained by the Navy as of the date of 

10 the enactment of this Act and personal property and related 

11 utilities and improvements thereon. 

12 (b) CONSIDERATION.—As consideration for the convey13 ance of the property under subsection (a), the Secretary and 

14 the redevelopment authority shall agree upon at least one 

15 of the following options: 

16 (1) Subject to subsection (c), the redevelopment 

17 authority shall assume the remaining obligations of 

18 the Department of Defense to address releases or 

19 threatened releases of hazardous substances and petro20 leum and its constituents, to the extent necessary to 

21 obtain regulatory closure from relevant California 

22 and Federal environmental regulatory agencies, in23 cluding a CERCLA covenant deferral by the Governor 

24 of the State of California. 

25 (2) The redevelopment authority shall pay the 

26 United States a share of the gross revenues that the 


jbell on PROD1PC69 with BILLS
658 

•HR 5658 RH

1 redevelopment authority receives from third-party 

2 buyers or lessees from sales and long-term leases of the 

3 conveyed property. 

4 (c) ENVIRONMENTAL REMEDIATION EXCEPTIONS.— 

5 Under the consideration option provided by subsection 

6 (b)(1), the redevelopment authority shall not be required to 

7 accept any responsibility for— 

8 (1) ordnance, explosives, munitions or similar 

9 devices or materials located on the conveyed property; 

10 (2) radiological materials located on the con11 veyed property, where those materials were not identi12 fied before the conveyance under subsection (a) and 

13 were authorized to remain in place subject to the es14 tablishment of institutional controls enforced by a 

15 covenant with the California Department of Toxic 

16 Substances Control and deed restrictions to the prop17 erty recipient; 

18 (3) chemical or biological weapons or constitu19 ents thereof located on the conveyed property; and 

20 (4) releases of hazardous substances and petro21 leum and its constituents located on the conveyed 

22 property, if the release of the hazardous substances or 

23 petroleum and its constituents was not discovered at 

24 the time of the conveyance and the costs of remedi25 ation of such unknown releases is not covered by enviVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00658 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
659 

•HR 5658 RH

1 ronmental insurance procured by or benefitting the 

2 redevelopment authority. 

3 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

4 (1) PAYMENT REQUIRED.—The Secretary shall 

5 require the redevelopment authority to cover costs to 

6 be incurred by the Secretary, or to reimburse the Sec7 retary for costs incurred by the Secretary, to carry 

8 out the conveyance under subsection (a), including 

9 survey costs, appraisal costs, and other costs related 

10 to the conveyance. If amounts are collected from the 

11 redevelopment authority in advance of the Secretary 

12 incurring the actual costs, and the amount collected 

13 exceeds the costs actually incurred by the Secretary to 

14 carry out the conveyance, the Secretary shall refund 

15 the excess amount to the redevelopment authority. 

16 (2) TREATMENT OF AMOUNTS RECEIVED.— 

17 Amounts received under paragraph (1) as reimburse18 ment for costs incurred by the Secretary to carry out 

19 the conveyance under subsection (a), and not refunded 

20 under such paragraph, shall be— 

21 (A) counted toward the consideration other22 wise required from the redevelopment authority 

23 under subsection (b); and 


jbell on PROD1PC69 with BILLS
660 

•HR 5658 RH

1 (B) credited to the fund or account that was 

2 used to cover the costs incurred by the Secretary 

3 in carrying out the conveyance. 

4 (3) USE OF AMOUNTS RECEIVED.—Amounts 

5 credited to a fund or account under paragraph (2)(B) 

6 shall be merged with amounts in the fund or account 

7 and shall be available for the same purposes, and sub8 ject to the same conditions and limitations, as 

9 amounts in such fund or account. 

10 (e) SAVINGS PROVISION.—Nothing in this section shall 

11 be construed to affect or limit the application of, or any 

12 obligation to comply with, any environmental law, includ13 ing the Comprehensive Environmental Response, Com14 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

15 seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

16 et seq.). 

17 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

18 and legal description of the real property to be conveyed 

19 under subsection (a) shall be determined by a survey satis20 factory to the Secretary. 

21 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec22 retary may require such additional terms and conditions 

23 in connection with the conveyance under subsections (a) as 

24 the Secretary considers appropriate to protect the interests 

25 of the United States, so long as such additional terms and 


jbell on PROD1PC69 with BILLS
661 

•HR 5658 RH

1 conditions do not materially change the terms and condi2 tions of this section, including the consideration to be pro3 vided the United States under subsection (b). 

4 SEC. 2854. CONDITION ON LEASE INVOLVING NAVAL AIR 

5 STATION, BARBERS POINT, HAWAII. 

6 As a condition of any lease executed by the Secretary 

7 of the Navy pursuant to section 2843 of the Military Con8 struction Authorization Act for Fiscal Year 2007 (division 

9 B of Public Law 109–364; 120 Stat. 2482) with Ford Is10 land Properties/Hunt Development involving the former 

11 Naval Air Station, Barbers Point, Hawaii, the Secretary 

12 of the Navy shall require that Ford Island Properties/Hunt 

13 Development enter into a memorandum of understanding 

14 with the Hawaii Community Development Authority to en15 sure that the development plan for the real property covered 

16 by the lease conforms with the final Kalaeloa Master Plan 

17 and appropriate land use controls of the Hawaii Commu18 nity Development Authority. 

19 SEC. 2855. LAND CONVEYANCE, SERGEANT FIRST CLASS 

20 M.L. DOWNS ARMY RESERVE CENTER, 

21 SPRINGFIELD, OHIO. 

22 (a) CONVEYANCE AUTHORIZED.—At such time as the 

23 Army Reserve vacates the Sergeant First Class M.L. Downs 

24 Army Reserve Center at 1515 West High Street in Spring25 field, Ohio, the Secretary of the Army may convey, without 


jbell on PROD1PC69 with BILLS
662 

•HR 5658 RH

1 consideration, to the City of Springfield, Ohio (in this sec2 tion referred to as the ‘‘City’’), all right, title, and interest 

3 of the United States in and to the parcel of real property, 

4 including improvements thereon, containing the Reserve 

5 Center for the purpose of permitting the City to utilize the 

6 property for municipal government activities. 

7 (b) REVERSIONARY INTEREST.—If the Secretary deter8 mines at any time that the real property conveyed under 

9 subsection (a) is not being used in accordance with the pur10 pose of the conveyance, all right, title, and interest in and 

11 to such real property, including any improvements and ap12 purtenant easements thereto, shall, at the option of the Sec13 retary, revert to and become the property of the United 

14 States, and the United States shall have the right of imme15 diate entry onto such real property. A determination by the 

16 Secretary under this subsection shall be made on the record 

17 after an opportunity for a hearing. 

18 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

19 and legal description of the real property to be conveyed 

20 under subsection (a) shall be determined by a survey satis21 factory to the Secretary. 

22 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

23 (1) PAYMENT REQUIRED.—The Secretary shall 

24 require the City to cover costs to be incurred by the 

25 Secretary, or to reimburse the Secretary for costs inVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00662 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
663 

•HR 5658 RH

1 curred by the Secretary, to carry out the conveyance 

2 under subsection (a), including survey costs, costs re3 lated to environmental documentation, and other ad4 ministrative costs related to the conveyance. If 

5 amounts are collected from the City in advance of the 

6 Secretary incurring the actual costs, and the amount 

7 collected exceeds the costs actually incurred by the 

8 Secretary to carry out the conveyance, the Secretary 

9 shall refund the excess amount to the City. 

10 (2) TREATMENT OF AMOUNTS RECEIVED.— 

11 Amounts received as reimbursements under para12 graph (1) shall be credited to the fund or account that 

13 was used to cover the costs incurred by the Secretary 

14 in carrying out the conveyance. Amounts so credited 

15 shall be merged with amounts in such fund or account 

16 and shall be available for the same purposes, and sub17 ject to the same conditions and limitations, as 

18 amounts in such fund or account. 

19 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec20 retary may require such additional terms and conditions 

21 in connection with the conveyance under subsection (a) as 

22 the Secretary considers appropriate to protect the interests 

23 of the United States. 


jbell on PROD1PC69 with BILLS
664 

•HR 5658 RH

1 SEC. 2856. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX 

2 COUNTY, TENNESSEE. 

3 (a) CONVEYANCE AUTHORIZATION.—The Secretary of 

4 the Army may convey, without consideration, to the State 

5 of Tennessee all right, title, and interest of the United States 

6 in and to a parcel of real property, including any improve7 ments thereon and appurtenant easements thereto, con8 sisting of approximately 124 acres known as the John 

9 Sevier Range in Knox County, Tennessee, if the State agrees 

10 to use such real property as a public firing range and for 

11 associated recreational activities. 

12 (b) REVERSIONARY INTEREST.—If the Secretary deter13 mines at any time that the real property conveyed under 

14 subsection (a) is not being used in accordance with the 

15 terms of the conveyance, all right, title, and interest in and 

16 to such real property, including any improvements and ap17 purtenant easements thereto, shall, at the option of the Sec18 retary, revert to and become the property of the United 

19 States, and the United States shall have the right of imme20 diate entry onto such real property. A determination by the 

21 Secretary under this subsection shall be made on the record 

22 after an opportunity for a hearing. 

23 (c) ADMINISTRATIVE EXPENSES.—In accordance with 

24 section 2695 of title 10, United State Code, the Secretary 

25 may accept amounts provided by the State to cover admin26 istrative expenses incurred by the Secretary with respect to 


jbell on PROD1PC69 with BILLS
665 

•HR 5658 RH

1 the conveyance authorized under subsection (a), including 

2 survey expenses, expenses related to environmental docu3 mentation, and other administrative expenses related to 

4 such conveyance. Such amounts shall be credited, pursuant 

5 to subsection (c) of section 2695 of such title, to the appro6 priation, fund, or account from which such expenses were 

7 paid. If amounts are collected from the State in advance 

8 of the Secretary incurring such expenses, and the amount 

9 collected exceeds the expenses actually incurred by the Sec10 retary, the Secretary shall refund the excess amount to the 

11 State. 

12 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

13 and legal description of the real property authorized to be 

14 conveyed under subsection (a) shall be determined by a sur15 vey satisfactory to the Secretary and the State. 

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions 

18 in connection with the conveyance authorized under sub19 section (a) as the Secretary considers appropriate to protect 

20 the interests of the United States. 

21 SEC. 2857. LAND CONVEYANCE, BUREAU OF LAND MANAGE22 MENT LAND, CAMP WILLIAMS, UTAH. 

23 (a) CONVEYANCE REQUIRED.—Not later than 120 days 

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

25 of the Interior, acting through the Bureau of Land ManageVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00665 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
666 

•HR 5658 RH

1 ment, shall convey, without consideration, to the State of 

2 Utah all right, title, and interest of the United States in 

3 and to certain lands comprising approximately 431 acres, 

4 as generally depicted on a map entitled ‘‘Proposed Camp 

5 Williams Land Transfer’’ and dated March 7, 2008, which 

6 are located within the boundaries of the public lands cur7 rently withdrawn for military use by the Utah National 

8 Guard and known as Camp Williams, Utah, for the purpose 

9 of permitting the Utah National Guard to use the conveyed 

10 land as provided in subsection (c). 

11 (b) REVOCATION OF EXECUTIVE ORDER.—Executive 

12 Order No. 1922 of April 24, 1914, as amended by section 

13 907 of the Camp W.G. Williams Land Exchange Act of 

14 1989 (title IX of Public Law 101–628; 104 Stat. 4501), 

15 shall be revoked, only insofar as it affects the lands identi16 fied for conveyance to the State of Utah under subsection 

17 (a). 

18 (c) REVERSIONARY INTEREST.—The lands conveyed to 

19 the State of Utah under subsection (a) shall revert to the 

20 United States if the Secretary of the Interior determines 

21 that the land, or any portion thereof, is sold or attempted 

22 to be sold, or that the land, or any portion thereof, is used 

23 for non-National Guard or non-national defense purposes. 

24 Any determination by the Secretary of the Interior under 

25 this subsection shall be made in consultation with the SecVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00666 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
667 

•HR 5658 RH

1 retary of Defense and the Governor of Utah and on the 

2 record after an opportunity for comment. 

3 (d) HAZARDOUS MATERIALS.—With respect to any 

4 portion of the land conveyed under subsection (a) that the 

5 Secretary of the Interior determines is subject to reversion 

6 under subsection (c), if the Secretary of the Interior also 

7 determines that the portion of the conveyed land contains 

8 hazardous materials, the State of Utah shall pay the United 

9 States an amount equal to the fair market value of that 

10 portion of the land, and the reversionary interest shall not 

11 apply to that portion of the land. 

12 SEC. 2858. LAND CONVEYANCE, ARMY PROPERTY, CAMP 

13 WILLIAMS, UTAH. 

14 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

15 Army may convey, without consideration, to the State of 

16 Utah on behalf of the Utah National Guard (in this section 

17 referred to as the ‘‘State’’) all right, title, and interest of 

18 the United States in and to two parcels of real property, 

19 including any improvements thereon, that are located with20 in the boundaries of Camp Williams, Utah, consist of ap21 proximately 608 acres and 308 acres, respectively, and are 

22 identified in the Utah National Guard master plan as being 

23 necessary acquisitions for future missions of the Utah Na24 tional Guard. 


jbell on PROD1PC69 with BILLS
668 

•HR 5658 RH

1 (b) REVERSIONARY INTEREST.—If the Secretary deter2 mines at any time that the real property conveyed under 

3 subsection (a), or any portion thereof, has been sold or is 

4 being used solely for non-defense, commercial purposes, all 

5 right, title, and interest in and to the property shall revert, 

6 at the option of the Secretary, to the United States, and 

7 the United States shall have the right of immediate entry 

8 onto the property. It is not a violation of the reversionary 

9 interest for the State to lease the property, or any portion 

10 thereof, to private, commercial, or governmental interests 

11 if the lease facilitates the construction and operation of 

12 buildings, facilities, roads, or other infrastructure that di13 rectly supports the defense missions of the Utah National 

14 Guard. Any determination of the Secretary under this sub15 section shall be made on the record after an opportunity 

16 for a hearing. 

17 (c) PAYMENT OF COSTS OF CONVEYANCE.— 

18 (1) PAYMENT REQUIRED.—The Secretary shall 

19 require the State to cover costs to be incurred by the 

20 Secretary, or to reimburse the Secretary for costs in21 curred by the Secretary, to carry out the conveyance 

22 under subsection (a), including survey costs, costs re23 lated to environmental documentation, and other ad24 ministrative costs related to the conveyance. If 

25 amounts are collected from the State in advance of the 


jbell on PROD1PC69 with BILLS
669 

•HR 5658 RH

1 Secretary incurring the actual costs, and the amount 

2 collected exceeds the costs actually incurred by the 

3 Secretary to carry out the conveyance, the Secretary 

4 shall refund the excess amount to the State. 

5 (2) TREATMENT OF AMOUNTS RECEIVED.— 

6 Amounts received as reimbursements under para7 graph (1) shall be credited to the fund or account that 

8 was used to cover the costs incurred by the Secretary 

9 in carrying out the conveyance. Amounts so credited 

10 shall be merged with amounts in such fund or account 

11 and shall be available for the same purposes, and sub12 ject to the same conditions and limitations, as 

13 amounts in such fund or account. 

14 (d) DESCRIPTION OF REAL PROPERTY.—The exact 

15 acreage and legal description of the real property to be con16 veyed under subsection (a) shall be determined by a survey 

17 satisfactory to the Secretary. 

18 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec19 retary may require such additional terms and conditions 

20 in connection with the conveyance under subsection (a) as 

21 the Secretary considers appropriate to protect the interests 

22 of the United States. 


jbell on PROD1PC69 with BILLS
670 

•HR 5658 RH

1 SEC. 2859. EXTENSION OF POTOMAC HERITAGE NATIONAL 

2 SCENIC TRAIL THROUGH FORT BELVOIR, VIR3 GINIA. 

4 (a) AGREEMENT AUTHORITY.—The Secretary of the 

5 Army may enter into a revocable at will easement with the 

6 Secretary of the Interior to provide land along the perimeter 

7 of Fort Belvoir, Virginia, to be used as a segment the Poto8 mac Heritage National Scenic Trail. 

9 (b) SELECTION CRITERIA.—In determining the extent 

10 of the easement, the Secretary of the Army shall provide 

11 for a single trail, and select alignments of the trail, along 

12 the perimeter of Fort Belvoir. In making that determina13 tion, the Secretary shall consider— 

14 (1) the perimeter security requirements to protect 

15 the assets, people, and agency missions located at Fort 

16 Belvoir; 

17 (2) the appropriate setback from adjacent road18 ways to provide for a safe and enjoyable experience 

19 for users of the trail; and 

20 (3) any planned future expansion of roadways, 

21 including United States Route 1, so that the trail will 

22 not be adversely impacted by roadway construction. 

23 (c) TRAIL ADMINISTRATION AND MANAGEMENT.—Any 

24 segment of the Potomac Heritage National Scenic Trail 

25 along the perimeter of Fort Belvoir shall be administered 

26 by the Secretary of the Interior, acting through the National 


jbell on PROD1PC69 with BILLS
671 

•HR 5658 RH

1 Park Service, and shall be managed by the Secretary of the 

2 Army, by an appropriate local agency, or by any other 

3 party mutually acceptable to the Secretary of the Army and 

4 the National Park Service. A written agreement confirming 

5 this management arrangement shall be co-signed by the 

6 parties to the easement agreement. 

7 Subtitle F—Other Matters 

8 SEC. 2871. REVISED DEADLINE FOR TRANSFER OF ARLING9 TON NAVAL ANNEX TO ARLINGTON NATIONAL 

10 CEMETERY. 

11 Section 2881(h)(1) of the Military Construction Au12 thorization Act for Fiscal Year 2000 (division B of Public 

13 Law 106–65; 113 Stat. 879), as amended by section 2871 

14 of the Military Construction Authorization Act for Fiscal 

15 Year 2008 (division B of Public Law 110–181; 122 Stat. 

16 561), is further amended by striking ‘‘January 1, 2011’’ 

17 and inserting ‘‘January 1, 2012’’. 

18 SEC. 2872. DECONTAMINATION AND USE OF FORMER BOM19 BARDMENT AREA ON ISLAND OF CULEBRA. 

20 Section 204 of the Military Construction Authoriza21 tion Act, 1974 (Public Law 93–166; 87 Stat. 668) is 

22 amended by striking subsection (c). 


jbell on PROD1PC69 with BILLS
672 

•HR 5658 RH

1 SEC. 2873. ACCEPTANCE AND USE OF GIFTS FOR CON2 STRUCTION OF ADDITIONAL BUILDING AT 

3 NATIONAL MUSEUM OF THE UNITED STATES 

4 AIR FORCE, WRIGHT-PATTERSON AIR FORCE 

5 BASE. 

6 (a) ACCEPTANCE AUTHORIZED.—The Secretary of the 

7 Air Force may accept from the Air Force Museum Founda8 tion, a private nonprofit corporation, gifts in the form of 

9 cash, treasury instruments, or comparable United States se10 curities for the purpose of paying the costs of design and 

11 construction of a fourth building for the National Museum 

12 of the United States Air Force at Wright-Patterson Air 

13 Force Base, Ohio. In making a gift, the Air Force Museum 

14 Foundation may specify that all or part of the amount of 

15 the gift be utilized solely for the purpose of the design and 

16 construction of a particular portion of the building. 

17 (b) ESCROW ACCOUNT.— 

18 (1) DEPOSIT OF GIFTS.—The Secretary of the 

19 Air Force, acting through the Director of Financial 

20 Management of the Air Force Materiel Command (in 

21 this section referred to as the ‘‘Director’’), shall de22 posit the amount of any gift accepted under sub23 section (a) in an escrow account established for that 

24 purpose. 

25 (2) INVESTMENT.—Amounts in the escrow ac26 count not required to meet current requirements of the 


jbell on PROD1PC69 with BILLS
673 

•HR 5658 RH

1 account shall be invested in public debt securities 

2 with maturities suitable to the needs of the account, 

3 as determined by the Director, and bearing interest at 

4 rates that take into consideration current market 

5 yields on outstanding marketable obligations of the 

6 United States of comparable securities. The income on 

7 such investments shall be credited to and form a part 

8 of the account. 

9 (3) LIQUIDATION.—Upon final payment of all 

10 invoices and claims associated with the design and 

11 construction of the building described in subsection 

12 (a), the Secretary shall terminate the escrow account. 

13 Any amounts remaining in the account upon termi14 nation shall be available to the Secretary, in such 

15 amounts as are provided in advance in appropria16 tions Acts, for such purposes as the Secretary con17 siders appropriate. 

18 (c) USE OF GIFTS.— 

19 (1) DESIGN AND CONSTRUCTION.—The Director 

20 shall use amounts in the escrow account, including 

21 income on investments, to pay the costs of the design 

22 and construction of a fourth building for the National 

23 Museum of the United States Air Force, including 

24 progress payments for such design and construction, 

25 subject to any conditions imposed by the Air Force 


jbell on PROD1PC69 with BILLS
674 

•HR 5658 RH

1 Museum Foundation under subsection (a). Amounts 

2 in the account shall be available to the Director, in 

3 such amounts as are provided in advance in appro4 priations Acts, until expended. 

5 (2) TIME FOR PAYMENT.—Amounts shall be pay6 able under paragraph (1) upon receipt by the Direc7 tor of a notification from the technical representative 

8 of the contracting officer that construction activities 

9 for which such amounts are payable under paragraph 

10 (1) have been undertaken. To the maximum extent 

11 practicable consistent with good business practice, the 

12 Director shall limit payment of amounts from the ac13 count in order to maximize the return on investment 

14 of amounts in the account. 

15 (d) LIMITATION ON CONTRACTS.—The Secretary of the 

16 Air Force may not initiate a contract for the design or con17 struction of a particular portion of the building described 

18 in subsection (a) until amounts in the escrow account are 

19 sufficient to cover the amount of the contract. 

20 SEC. 2874. ESTABLISHMENT OF MEMORIAL TO AMERICAN 

21 RANGERS AT FORT BELVOIR, VIRGINIA. 

22 (a) AUTHORITY TO ESTABLISH MEMORIAL.—The Sec23 retary of the Army may permit the American Ranger Me24 morial Association, Inc., to establish and maintain, at a 

25 suitable location on Fort Belvoir, Virginia, a national meVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00674 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
675 

•HR 5658 RH

1 morial to honor the sacrifice and service of American Rang2 ers during their almost four hundred years of existence. 

3 (b) LOCATION AND DESIGN.—The actual location and 

4 final design of the memorial authorized by subsection (a) 

5 shall be subject to the approval of the Secretary. In selecting 

6 the location, the Secretary shall seek to maximize visitor 

7 access to the resulting memorial. 

8 (c) MAINTENANCE.—The maintenance of the memorial 

9 authorized by subsection (a) by the American Ranger Me10 morial Association, Inc., shall be subject to such conditions 

11 regarding access to the memorial, and such other conditions, 

12 as the Secretary considers appropriate to protect the inter13 ests of the United States. 

14 (d) LIMITATION ON PAYMENT OF EXPENSES.—The 

15 United States Government shall not pay any expense for 

16 the establishment or maintenance of the memorial author17 ized by subsection (a). 

18 SEC. 2875. LEASE INVOLVING PIER ON FORD ISLAND, PEARL 

19 HARBOR NAVAL BASE, HAWAII. 

20 (a) LEASE.—The Secretary of the Navy shall enter 

21 into a lease with the USS Missouri Memorial Association 

22 to authorize the USS Missouri Memorial Association to use 

23 the pier Foxtrot Five and related real property on Ford 

24 Island, Pearl Harbor Naval Base, Hawaii, during calendar 

25 years 2009 and 2010. 


jbell on PROD1PC69 with BILLS
676 

•HR 5658 RH

1 (b) CONSIDERATION.—The lease required by subsection 

2 (a) shall be made without consideration. 

3 (c) CONDITION ON USE OF LEASED PROPERTY.—As 

4 a condition on the lease under subsection (a), the USS Mis5 souri Memorial Association shall agree to preserve and 

6 maintain the USS Missouri for education purposes, historic 

7 preservation, and community outreach. 

8 (d) EFFECT OF VIOLATION.—If the Secretary deter9 mines at any time that the USS Missouri Memorial Asso10 ciation is not in compliance with the condition imposed 

11 by subsection (c), the Secretary may terminate the lease re12 ferred to in subsection (a). Any determination of the Sec13 retary under this subsection shall be made on the record 

14 after an opportunity for a hearing. 

15 SEC. 2876. NAMING OF HEALTH FACILITY, FORT RUCKER, 

16 ALABAMA. 

17 The health facility located at 301 Andrews Avenue in 

18 Fort Rucker, Alabama, shall be known and designated as 

19 the ‘‘Lyster Army/VA Health Clinic’’. Any reference in a 

20 law, map, regulation, document, paper, or other record of 

21 the United States to such facility shall be deemed to be a 

22 reference to the Lyster Army/VA Health Clinic. 


jbell on PROD1PC69 with BILLS
677 

•HR 5658 RH

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 ap9 propriated pursuant to the authorization of appropriations 

10 in subsection (c)(1), the Secretary of the Army may acquire 

11 real property and carry out military construction projects 

12 for the installations or locations inside the United States, 

13 and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska .................................. Fort Wainwright ....................................... $17,000,000 

California ............................ Fort Irwin .................................................. $11,800,000 

Colorado ............................... Fort Carson ................................................ $8,400,000 

Georgia ................................. Fort 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 

Virginia ............................... Fort Eustis ................................................. $50,000,000 

......................................... Fort Lee ...................................................... $7,400,000 


jbell on PROD1PC69 with BILLS
678 

•HR 5658 RH

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 United 

6 States, and in the amounts, set forth in the following 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 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

8 hereby authorized to be appropriated on or after the date 

9 of the enactment of this Act for military construction, land 

10 acquisition, and military family housing functions of the 

11 Department of the Army in the total amount of 

12 $440,700,000 as follows: 

13 (1) For military construction projects inside the 

14 United States authorized by subsection (a), 

15 $367,700,000. 

16 (2) For military construction projects outside the 

17 United States authorized by subsection (b), 

18 $67,000,000. 

19 (3) For architectural and engineering services 

20 and construction design under section 2807 of title 

21 10, United States Code, $6,000,000. 


jbell on PROD1PC69 with BILLS
679 

•HR 5658 RH

1 SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts ap4 propriated pursuant to the authorization of appropriations 

5 in subsection (c)(1), the Secretary of the Navy may acquire 

6 real property and carry out military construction projects 

7 for the installations or locations inside the United States, 

8 and in the amounts, set forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

California ......... Camp Pendleton ....................................................... $9,270,000 

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

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

............................ San Diego ................................................................. $12,299,000 

............................ Twentynine Palms ................................................... $11,250,000 

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

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

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

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

9 (b) OUTSIDE THE UNITED STATES.—Using amounts 

10 appropriated pursuant to the authorization of appropria11 tions in subsection (c)(2), the Secretary of the Navy may 

12 acquire real property and carry out military construction 

13 projects for the installations or locations outside the United 

14 States, and in the amounts, set forth in the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Djibouti ............. Camp Lemonier ........................................................ $22,390,000 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

16 section 2825 of title 10, United States Code, funds are here17 by authorized to be appropriated on or after the date of 


jbell on PROD1PC69 with BILLS
680 

•HR 5658 RH

1 the enactment of this Act for military construction, land 

2 acquisition, and military family housing functions of the 

3 Department of the Navy in the total amount of $94,731,000 

4 as follows: 

5 (1) For military construction projects inside the 

6 United States authorized by subsection (a), 

7 $90,679,000. 

8 (2) For military construction projects outside the 

9 United States authorized by subsection (b), 

10 $22,390,000. 

11 (3) For architectural and engineering services 

12 and construction design under section 2807 of title 

13 10, United States Code, $4,052,000. 

14 (4) For construction and acquisition, planning 

15 and design, and improvement of military family 

16 housing and facilities, $11,766,000. 

17 SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND 

18 LAND ACQUISITION PROJECTS. 

19 (a) INSIDE THE UNITED STATES.—Using amounts ap20 propriated pursuant to the authorization of appropriations 

21 in subsection (c)(1), the Secretary of the Air Force may ac22 quire real property and carry out military construction 

23 projects for the installations or locations inside the United 

24 States, and in the amounts, set forth in the following table: 


jbell on PROD1PC69 with BILLS
681 

•HR 5658 RH

Air Force: Inside the United States 

Country Installation or Location Amount 

California ......... Beale Air Force Base ............................................... $17,600,000 

Florida .............. Eglin Air Force Base ............................................... $11,000,000 

New Jersey ........ McGuire Air Force Base .......................................... $6,200,000 

New Mexico ....... Cannon Air Force Base ........................................... $8,000,000 

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 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 following 

7 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 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

9 hereby authorized to be appropriated on or after the date 

10 of the enactment of this Act for military construction, land 

11 acquisition, and military family housing functions of the 

12 Department of the Air Force in the total amount of 

13 $150,927,000, as follows: 

14 (1) For military construction projects inside the 

15 United States authorized by subsection (a), 

16 $42,800,000. 


jbell on PROD1PC69 with BILLS
682 

•HR 5658 RH

1 (2) For military construction projects outside the 

2 United States authorized by subsection (b), 

3 $106,700,000. 

4 (3) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $1,427,000. 

7 SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUC8 TION AND LAND ACQUISITION PROJECTS. 

9 (a) INSIDE THE UNITED STATES.—Using amounts ap10 propriated pursuant to the authorization of appropriations 

11 in subsection (b)(1), the Secretary of Defense may acquire 

12 real property and carry out military construction projects 

13 for the installations or locations inside the United States, 

14 and in the amounts, set forth in the following table: 

Defense Agencies: Inside the United States 

Country Installation or Location Amount 

Georgia .............. Fort Benning ............................................................ $350,000,000 

Kansas .............. Fort Riley ................................................................. $404,000,000 

North Carolina Camp Lejeune ........................................................... $122,000,000 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

16 hereby authorized to be appropriated on or after the date 

17 of the enactment of this Act for military construction, land 

18 acquisition, and military family housing functions of the 

19 Department of Defense (other than the military depart20 ments) in the total amount of $956,000,000, as follows: 


jbell on PROD1PC69 with BILLS
683 

•HR 5658 RH

1 (1) For military construction projects inside the 

2 United States authorized by subsection (a), 

3 $876,000,000. 

4 (2) For architectural and engineering services 

5 and construction design under section 2807 of title 

6 10, United States Code, $80,000,000. 

7 SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT 

8 FISCAL YEAR 2008 ARMY PROJECTS FOR 

9 WHICH FUNDS WERE NOT APPROPRIATED. 

10 The table in section 2901(b) of the Military Construc11 tion Authorization Act for Fiscal Year 2008 (division B 

12 of Public Law 110–181; 122 Stat. 570) is amended— 

13 (1) in the item relating to Bagram Air Base, Af14 ghanistan, by striking ‘‘$249,600,000’’ in the amount 

15 column and inserting ‘‘$195,600,000’’; 

16 (2) in the item relating to Camp Adder, Iraq, by 

17 striking ‘‘$80,650,000’’ in the amount column and in18 serting ‘‘$75,800,000’’; 

19 (3) in the item relating to Camp Anaconda, 

20 Iraq, by striking ‘‘$53,500,000’’ in the amount col21 umn and inserting ‘‘$10,500,000’’; 

22 (4) in the item relating to Camp Victory, Iraq, 

23 by striking ‘‘$65,400,000’’ in the amount column and 

24 inserting ‘‘$60,400,000’’; 


jbell on PROD1PC69 with BILLS
684 

•HR 5658 RH

1 (5) by striking the item relating to Tikrit, Iraq; 

2 and 

3 (6) in the item relating to Camp Speicher, Iraq, 

4 by striking ‘‘$83,900,000’’ in the amount column and 

5 inserting ‘‘$74,100,000’’. 

6 DIVISION C—DEPARTMENT OF 

7 ENERGY NATIONAL SECURITY 

8 AUTHORIZATIONS AND 

9 OTHER AUTHORIZATIONS 

10 TITLE XXXI—DEPARTMENT OF 

11 ENERGY NATIONAL SECURITY 

12 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. 

13 Subtitle A—National Security 

14 Programs Authorizations 

15 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA16 TION. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

18 hereby authorized to be appropriated to the Department of 

19 Energy for fiscal year 2009 for the activities of the National 


jbell on PROD1PC69 with BILLS
685 

•HR 5658 RH

1 Nuclear Security Administration in carrying out programs 

2 necessary for national security in the amount of 

3 $9,301,922,000, to be allocated as follows: 

4 (1) For weapons activities, $6,609,639,000. 

5 (2) For defense nuclear nonproliferation activi6 ties, $1,455,148,000. 

7 (3) For naval reactors, $828,054,000. 

8 (4) For the Office of the Administrator for Nu9 clear Security, $409,081,000. 

10 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

11 From funds referred to in subsection (a) that are available 

12 for carrying out plant projects, the Secretary of Energy 

13 may carry out new plant projects for the National Nuclear 

14 Security Administration as follows: 

15 (1) For readiness in technical base and facilities, 

16 the following new plant projects: 

17 Project 09–D–404, Test Capabilities Revi18 talization, Phase 2, Sandia National Labora19 tories, New Mexico, $3,000,000. 

20 Project 08–D–806, Ion Beam Laboratory 

21 Refurbishment, Sandia National Laboratories, 

22 New Mexico, $10,014,000. 

23 (2) For naval reactors, the following new plant 

24 projects: 


jbell on PROD1PC69 with BILLS
686 

•HR 5658 RH

1 Project 09–D–902, Naval Reactor Facilities 

2 Production Support Complex, Naval Reactors 

3 Facility, Idaho, $8,300,000. 

4 Project 09–D–190, KAPL Infrastructure 

5 Upgrades, Schenectady, New York, $1,000,000. 

6

7 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

8 Funds are hereby authorized to be appropriated to the 

9 Department of Energy for fiscal year 2009 for defense envi10 ronmental cleanup activities in carrying out programs nec11 essary for national security in the amount of 

12 $5,317,256,000. 

13 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

14 Funds are hereby authorized to be appropriated to the 

15 Department of Energy for fiscal year 2009 for other defense 

16 activities in carrying out programs necessary for national 

17 security in the amount of $1,321,461,000, of which 

18 $487,008,000 is for construction of the Mixed Oxide Fuel 

19 Fabrication Facility at the Savannah River Site, South 

20 Carolina, and associated program activities and functions. 

21 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

22 Funds are hereby authorized to be appropriated to the 

23 Department of Energy for fiscal year 2009 for defense nu24 clear waste disposal for payment to the Nuclear Waste Fund 

25 established in section 302(c) of the Nuclear Waste Policy 


jbell on PROD1PC69 with BILLS
687 

•HR 5658 RH

1 Act of 1982 (42 U.S.C. 10222(c)) in the amount of 

2 $247,371,000. 

3 SEC. 3105. ENERGY SECURITY AND ASSURANCE. 

4 Funds are hereby authorized to be appropriated to the 

5 Department of Energy for fiscal year 2009 for energy secu6 rity and assurance programs necessary for national secu7 rity in the amount of $7,622,000. 

8 Subtitle B—Program Authoriza9 tions, Restrictions, and Limita10 tions 

11 SEC. 3111. UTILIZATION OF INTERNATIONAL CONTRIBU12 TIONS TO THE RUSSIAN PLUTONIUM DIS13 POSITION PROGRAM. 

14 (a) IN GENERAL.—The Secretary of Energy may, in 

15 consultation with the Secretary of State, enter into one or 

16 more agreements with any person (including a foreign gov17 ernment, international organization, or multinational enti18 ty) that the Secretary of Energy considers appropriate, 

19 under which the person contributes funds for the effective 

20 and transparent disposition of excess weapon-grade Rus21 sian plutonium in the Russian Federation, known as the 

22 Russian Plutonium Disposition Program. 

23 (b) RETENTION AND USE OF AMOUNTS.—Subject to 

24 the availability of appropriations, the Secretary of Energy 

25 may retain and use amounts contributed under an agreeVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00687 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
688 

•HR 5658 RH

1 ment under subsection (a) for purposes of the Russian Plu2 tonium Disposition Program. Amounts so contributed shall 

3 be retained in a separate fund established in the Treasury 

4 for such purposes, subject to the availability of appropria5 tions, consistent with an agreement under subsection (a). 

6 (c) RETURN OF AMOUNTS NOT USED WITHIN 5 

7 YEARS.—If an amount contributed under an agreement 

8 under subsection (a) is not used under this section within 

9 5 years after it was contributed, the Secretary of Energy 

10 shall return that amount to the person who contributed it. 

11 (d) NOTICE TO APPROPRIATE CONGRESSIONAL COM12 MITTEES.—Not later than 30 days after the receipt of an 

13 amount contributed under subsection (b), the Secretary of 

14 Energy shall submit to the appropriate congressional com15 mittees a notice specifying the purpose and value of the con16 tribution and identifying the person who contributed it. The 

17 Secretary may not use such amount until 15 days after the 

18 notice is submitted. 

19 (e) ANNUAL REPORT.—Not later than October 31 of 

20 each year, beginning in the fiscal year in which the first 

21 contributions are retained under subsection (b), the Sec22 retary of Energy shall submit to the appropriate congres23 sional committees a report on the receipt and use of 

24 amounts under this section during the preceding fiscal year. 

25 Each report for a fiscal year shall set forth— 


jbell on PROD1PC69 with BILLS
689 

•HR 5658 RH

1 (1) a statement of any amounts received under 

2 this section, including, for each such amount, the 

3 value of the contribution and the person who contrib4 uted it; 

5 (2) a statement of any amounts used under this 

6 section, including, for each such amount, the purposes 

7 for which the amount was used; and 

8 (3) a statement of the amounts retained but not 

9 used under this section including, for each such 

10 amount, the purposes (if known) for which the Sec11 retary intends to use the amount. 

12 (f) EXPIRATION.—The authority to accept, retain, and 

13 use contributions under this section shall expire on Decem14 ber 31, 2013. 

15 (g) APPROPRIATE CONGRESSIONAL COMMITTEES DE16 FINED.—In this section, the term ‘‘appropriate congres17 sional committees’’ means— 

18 (1) the Committee on Armed Services, the Com19 mittee on Appropriations, and the Committee on For20 eign Affairs of the House of Representatives; and 

21 (2) the Committee on Armed Services, the Com22 mittee on Appropriations, and the Committee on For23 eign Relations of the Senate. 


jbell on PROD1PC69 with BILLS
690 

•HR 5658 RH

1 SEC. 3112. EXTENSION OF DEADLINE FOR COMPTROLLER 

2 GENERAL REPORT ON DEPARTMENT OF EN3 ERGY PROTECTIVE FORCE MANAGEMENT. 

4 Section 3124(a)(1) of the National Defense Authoriza5 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 

6 Stat. 580) is amended by striking ‘‘Not later than 180 days 

7 after the date of the enactment of this Act,’’ and inserting 

8 ‘‘No later than March 1, 2009,’’. 

9 TITLE XXXII—DEFENSE NU10 CLEAR FACILITIES SAFETY 

11 BOARD 

Sec. 3201. Authorization. 

12 SEC. 3201. AUTHORIZATION. 

13 There are authorized to be appropriated for fiscal year 

14 2009, $25,499,000 for the operation of the Defense Nuclear 

15 Facilities Safety Board under chapter 21 of the Atomic En16 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

17 TITLE XXXIV—NAVAL 

18 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

19 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) AMOUNT.—There are hereby authorized to be ap21 propriated to the Secretary of Energy $19,099,000 for fiscal 

22 year 2009 for the purpose of carrying out activities under 

23 chapter 641 of title 10, United States Code, relating to the 

24 naval petroleum reserves. 


jbell on PROD1PC69 with BILLS
691 

•HR 5658 RH

1 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

2 pursuant to the authorization of appropriations in sub3 section (a) shall remain available until expended. 

4 TITLE XXXV—MARITIME 

5 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. 

6 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS7 CAL YEAR 2009. 

8 Funds are hereby authorized to be appropriated for fis9 cal year 2009, to be available without fiscal year limitation 

10 if so provided in appropriations Acts, for the use of the De11 partment of Transportation for the Maritime Administra12 tion as follows: 

13 (1) For expenses necessary for operations and 

14 training activities, $117,848,000, of which— 

15 (A) $8,150,000 shall remain available until 

16 expended for capital improvements at the United 

17 States Merchant Marine Academy, and 

18 (B) $8,306,000 shall remain available until 

19 expended for maintenance and repair of school 

20 ships of the State Maritime Academies. 


jbell on PROD1PC69 with BILLS
692 

•HR 5658 RH

1 (2) For expenses to maintain and preserve a 

2 United States-flag merchant fleet to serve the national 

3 security needs of the United States under chapter 531 

4 of title 46, Unites States Code, $193,500,000, of which 

5 $19,500,000 will be available for costs associated with 

6 the maintenance reimbursement pilot program under 

7 section 3517 of the Maritime Security Act of 2003 (46 

8 U.S.C 53101 note). 

9 (4) For assistance to small shipyards and mari10 time communities under section 54101 of title 46, 

11 United States Code, $25,000,000. 

12 (5) For expenses to dispose of obsolete vessels in 

13 the National Defense Reserve Fleet, $18,000,000. 

14 (6) For the cost (as defined in section 502(5) of 

15 the Federal Credit Reform Act of 1990 (2 U.S.C. 

16 661a(5)) of loan guarantees under the program au17 thorized by chapter 537 of title 46, United States 

18 Code, $30,000,000. 

19 (7) For administrative expenses related to the 

20 implementation of the loan guarantee program under 

21 chapter 537 of title 46, United States Code, adminis22 trative expenses related to implementation of the re23 imbursement program under section 3517 of the Mar24 itime Security Act of 2003 (46 U.S.C. 53101 note), 

25 and administrative expenses related to the implemenVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00692 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
693 

•HR 5658 RH

1 tation of the small shipyards and maritime commu2 nities assistance program under section 54101 of title 

3 46, United States Code, $3,531,000. 

4 SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY 

5 THE GOVERNMENT OF THE UNITED STATES 

6 FOR THE PURPOSE OF DISMANTLING, RECY7 CLING, OR SCRAPPING. 

8 (a) IN GENERAL.—Except as provided in subsection 

9 (b), no vessel that is owned by the Government of the United 

10 States shall be approved for export to a foreign country for 

11 purposes of dismantling, recycling, or scrapping. 

12 (b) EXCEPTION.—Subsection (a) shall not apply with 

13 respect to a vessel if the Administer of the Maritime Admin14 istration certifies that— 

15 (1) a compelling need for dismantling, recycling, 

16 or scrapping the vessel exists; 

17 (2) there is no available capacity in the United 

18 States to conduct the dismantling, recycling, or scrap19 ping of the vessel; 

20 (3) any dismantling, recycling, or scrapping of 

21 the vessel in a foreign country will be conducted in 

22 full compliance with environmental, safety, labor, and 

23 health requirements for ship dismantling, recycling, 

24 or scrapping that are equivalent to the laws of the 

25 United States; and 


jbell on PROD1PC69 with BILLS
694 

•HR 5658 RH

1 (4) the export of the vessel under this section will 

2 only be for dismantling, recycling, or scrapping of the 

3 vessel. 

4 (c) CERTIFICATION.—The certification required in 

5 subsection (b) must be provided to the Committee on Armed 

6 Services of the House of Representatives and the Committee 

7 on Commerce, Science, and Transportation of the Senate 

8 at least 90 days before any vessel is approved for transport 

9 to a foreign country for purposes of dismantling, recycling, 

10 or scrapping. 

11 (d) UNITED STATES DEFINED.—In this section the 

12 term ‘‘United States’’ means the States of the United States, 

13 Puerto Rico, and Guam. 

14 SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS. 

15 Section 51509(b) of title 46, United States Code, is 

16 amended— 

17 (1) by striking ‘‘$4,000’’ and inserting ‘‘$8,000’’; 

18 (2) by inserting ‘‘tuition,’’ after ‘‘uniforms,’’; 

19 and 

20 (3) by inserting ‘‘before the start of each aca21 demic year’’ after ‘‘and be paid’’. 

22 SEC. 3504. RIDING GANG MEMBER REQUIREMENTS. 

23 Section 1018 of the John Warner National Defense Au24 thorization Act for Fiscal Year 2007 (Public Law 109–364; 

25 120 Stat. 2380) is amended to read as follows: 


jbell on PROD1PC69 with BILLS
695 

•HR 5658 RH

1 ‘‘SEC. 1018. RIDING GANG MEMBER REQUIREMENTS. 

2 ‘‘(a) IN GENERAL.—The Secretary of Defense may not 

3 award, renew, extend, or exercise an option to extend any 

4 charter of a vessel documented under chapter 121 of title 

5 46, United States Code, for the Department of Defense, or 

6 any contract for the carriage of cargo by a vessel docu7 mented under that chapter for the Department of Defense, 

8 unless the charter or contract, respectively, includes provi9 sions that— 

10 ‘‘(1) subject to paragraph (2), allow riding gang 

11 members to perform work on the vessel during the ef12 fective period of the charter or contract only under 

13 terms, conditions, restrictions, and requirements as 

14 provided in section 8106 of title 46, United States 

15 Code; and 

16 ‘‘(2) require that riding gang members hold a 

17 merchant mariner’s document issued under chapter 

18 73 of title 46, United States Code, or a transportation 

19 security card issued under section 70105 of such title. 

20 ‘‘(b) EXEMPTION.— 

21 ‘‘(1) IN GENERAL.—In accordance with regula22 tions issued by the Secretary of Defense, an indi23 vidual shall not be treated as a riding gang member 

24 for the purposes of section 8106 of title 46, United 

25 States Code, and this section if— 


jbell on PROD1PC69 with BILLS
696 

•HR 5658 RH

1 ‘‘(A) the individual is aboard a vessel that 

2 is under charter or contract for the carriage of 

3 cargo for the Department of Defense, for purposes 

4 other than engaging in the operation or mainte5 nance of the vessel; and 

6 ‘‘(B) the individual— 

7 ‘‘(i) accompanies, supervises, guards, 

8 or maintains unit equipment aboard a ship, 

9 commonly referred to as supercargo per10 sonnel; 

11 ‘‘(ii) is one of the force protection per12 sonnel of the vessel; 

13 ‘‘(iii) is a specialized repair techni14 cian; or 

15 ‘‘(iv) is otherwise required by the Sec16 retary of Defense to be aboard the vessel. 

17 ‘‘(2) BACKGROUND CHECK.— 

18 ‘‘(A) IN GENERAL.—This section shall not 

19 apply to an individual unless— 

20 ‘‘(i) the name and other necessary 

21 identifying information for the individual 

22 is submitted to the Secretary for a back23 ground check; and 

24 ‘‘(ii) except as provided in subpara25 graph (B), the individual successfully passes 


jbell on PROD1PC69 with BILLS
697 

•HR 5658 RH

1 a background check by the Secretary prior 

2 to going aboard the vessel. 

3 ‘‘(B) WAIVER.—The Secretary may waive 

4 the application of subparagraph (A)(ii) for an 

5 individual who holds a merchant mariner’s doc6 ument issued under chapter 73 of title 46, 

7 United States Code, or a transportation security 

8 card issued under section 70105 of such title. 

9 ‘‘(3) EXEMPTED INDIVIDUAL NOT TREATED AS IN

10 ADDITION TO THE CREW.—An individual who, under 

11 paragraph (1), is not treated as a riding gang mem12 ber shall not be counted as an individual in addition 

13 to the crew for the purposes of section 3304 of title 

14 46, United States Code.’’. 

15 SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT 

16 PROGRAM FOR THE MARITIME SECURITY 

17 FLEET. 

18 Section 3517(a) of the Maritime Security Act of 2003 

19 (46 U.S.C. 53101 note; as amended by section 3503 of the 

20 National Defense Authorization Act for Fiscal Year 2006 

21 (119 Stat. 3548)) is amended by adding at the end the fol22 lowing: 

23 ‘‘(3) EXISTING OPERATING AGREEMENTS.—The 

24 Secretary of Transportation shall, subject to the avail25 ability of appropriations, seek to enter into an agreeVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00697 Fmt 6652 Sfmt 6203 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS
698 

•HR 5658 RH

1 ment under this section with one or more contractors 

2 under an operating agreement under that chapter 

3 that is in effect on the date of the enactment of this 

4 paragraph, regarding maintenance and repair of all 

5 vessels that are subject to the operating agreement.’’. 

6 SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CON7 TRACTS WITH ADJUNCT PROFESSORS AT THE 

8 UNITED STATES MERCHANT MARINE ACAD9 EMY. 

10 (a) IN GENERAL.—The Maritime Administrator may 

11 establish a temporary program for the purpose of, subject 

12 to the availability of appropriations, contracting with indi13 viduals as personal services contractors to provide services 

14 as adjunct professors at the Academy, if the Maritime Ad15 ministrator determines that there is a need for adjunct pro16 fessors and the need is not of permanent duration. 

17 (b) CONTRACT REQUIREMENTS.—Each contract under 

18 the program— 

19 (1) must be approved by the Maritime Adminis20 trator; 

21 (2) subject to paragraph (3), shall be for a dura22 tion, including options, of not to exceed one year un23 less the Maritime Administrator finds that excep24 tional circumstances justify an extension of up to one 

25 additional year; and 


jbell on PROD1PC69 with BILLS
699 

•HR 5658 RH

1 (3) shall terminate not later than 6 months after 

2 the termination of contract authority under sub3 section (d). 

4 (c) LIMITATION ON NUMBER OF CONTRACTORS.—In 

5 awarding contacts under the program, the Maritime Ad6 ministrator shall ensure that not more than 25 individuals 

7 actively provide services in any one academic trimester, or 

8 equivalent, as contractors under the program. 

9 (d) TERMINATION OF CONTRACTING AUTHORITY.—The 

10 authority to award contracts under the program shall ter11 minate upon the expiration of December 31, 2009. 

12 (e) EXISTING CONTRACTS.—Any contract entered into 

13 before the effective date of this section for the services of an 

14 adjunct professor at the Academy shall remain in effect for 

15 the trimester (or trimesters) for which the services were con16 tracted. 

17 (f) DEFINITIONS.—In this section: 

18 (1) ACADEMY.—The term ‘‘Academy’’ means the 

19 United States Merchant Marine Academy. 

20 (2) MARITIME ADMINISTRATOR.—The term 

21 ‘‘Maritime Administrator’’ means the Administrator 

22 of the Maritime Administration, or a designee of the 

23 Administrator. 

24 (3) PROGRAM.—The term ‘‘program’’ means the 

25 program established under subsection (a). 


jbell on PROD1PC69 with BILLS
700 

•HR 5658 RH

Amend the title so as to read: ‘‘A bill to authorize 

appropriations for fiscal year 2009 for military activities 

of the Department of Defense, for military construction, 

and for defense activities of the Department of Energy, 

to prescribe military personnel strengths for such fiscal 

year, and for other purposes.’’. 


jbell on PROD1PC69 with BILLS

jbell on PROD1PC69 with BILLS
Union Calendar No. 413 

110TH CONGRESS 

2D SESSION H. R. 5658 

[Report No. 110

–652] 

A BILL 

To authorize appropriations for fiscal year 2009 for 

cal year 2009, and for other purposes. to prescribe military personnel strengths for fismilitary activities of the Department of Defense, 

MAY 16, 2008 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Aug 31 2005 04:17 May 17, 2008 Jkt 069200 PO 00000 Frm 00702 Fmt 6651 Sfmt 6651 E:\BILLS\H5658.RH H5658

jbell on PROD1PC69 with BILLS