I 

110TH CONGRESS 

2D SESSION H. R. 5658 

To authorize appropriations for fiscal year 2009 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2009, and for other purposes. 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2009’’. 

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

7 CONTENTS. 

8 (a) DIVISIONS.— 


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1 (1) DIVISION A.—This Department of Defense 

2 Authorizations. 

3 (2) DIVISION B.—Military Construction Author4 izations. 

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

6 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. Rapid Acquisition Fund. 

Sec. 106. Joint Improvised Explosive Device Defeat Fund. 

Sec. 107. Defense Production Act purchases. 

Subtitle B—Air Force Programs 

Sec. 111. Performance based logistics contracts for the F–35 Joint Strike 

Fighter. 

Subtitle C—Navy Programs 

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

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Other Department of Defense programs. 

Subtitle B—Workplace and Depot Issues 

Sec. 321. Exception from prohibition on contractor performance of firefighting 

functions. 


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Sec. 322. Exception to prohibition on contracts for performance of security 

guard functions. 

Sec. 323. Authority to consider depot level maintenance and repair using contractor furnished equipment or leased facilities as core logistics. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Increase in Marine Corps Reserve general officers in an active status. 

Sec. 403. Exclusion of certain personnel from counting for active-duty end 

strengths. 

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. Increase in authorized strengths for Marine Corps Reserve officers on 

active duty in the grades of major and lieutenant colonel to 

meet new force structure requirements. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Amendment of limited exclusion of joint duty requirements. 

Sec. 502. Changes to promotion policy objectives for joint officers. 

Sec. 503. Length of joint duty assignments. 

Sec. 504. Streamlining language of joint duty requirements for promotion to 

general or flag officer. 

Sec. 505. Technical changes to ‘‘joint specialty’’ terminology. 

Sec. 506. Conforming changes to ‘‘joint specialty’’ terminology. 

Sec. 507. Increased tenure for lieutenant generals. 

Subtitle B—Reserve Component Matters 

Sec. 511. Extension of retention on the Reserve active status list of military 

technicians (dual status) until age 60. 

Sec. 512. Increase age limitation of Reserve component chaplains and medical 

officers beyond age 64. 

Sec. 513. Conforming amendments to increase the mandatory retirement age 

for Reserve officers. 

Sec. 514. Authority to require the uniform by military technicians (dual status). 

Sec. 515. Clarification of authority to consider for a vacancy promotion National Guard officers ordered to active duty during a contingency operation. 


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Subtitle C—Education and Training 

Sec. 521. Awarding of Master of Arts in Strategic Security Studies. 

Sec. 522. Tuition reimbursement and use of funds at the United States Air 

Force Institute of Technology. 

Sec. 523. Expanded authority to award degrees. 

Sec. 524. Authority to prescribe authorized strength for the United States 

Naval Academy. 

Sec. 525. Enhancing education partnerships. 

Subtitle D—General Service Authorities 

Sec. 531. Change in requirement for posthumous certification. 

Sec. 532. Raise maximum reenlistment term. 

Subtitle E—Other Matters 

Sec. 541. Career intermission pilot program. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Bonuses and Special and Incentive Pays 

Sec. 601. One-year extension of certain bonus and special pays for Reserve 

forces. 

Sec. 602. One-year extension of certain bonus and special pay authorities for 

certain health care professionals. 

Sec. 603. One-year extension of special pay and bonus authorities for nuclear 

officers. 

Sec. 604. Direct accession bonus for psychology officers. 

Sec. 605. Extending maximum length of nuclear officer incentive pay agreements for service. 

Subtitle B—Travel and Transportation Allowances 

Sec. 611. Travel and transportation allowances for certain family members and 

the person designated to direct the disposition of the deceased’s 

remains to attend the burial ceremony or memorial service of 

members who die on duty. 

Subtitle C—Retired Pay and Survivor Benefits 

Sec. 621. Waiver of recoupment of overpayments of retired pay to spouse or 

former spouse as a result of retroactive disability determination. 

Sec. 622. Survivor Benefit Plan: extension of period for election deemed to have 

been made. 

Sec. 623. Survivor Benefit Plan: multiple beneficiaries. 

Sec. 624. Survivor Benefit Plan: financial responsibility for Survivor Benefit 

Plan participation. 

Sec. 625. Survivor Benefit Plan: presumptive proportionate share. 

Sec. 626. Revocation of ten-year rule for direct payment of retired pay. 

Sec. 627. Allowing member to submit application for direct payment. 

Sec. 628. Disregard periods of confinement for dependent victims of abuse. 

Sec. 629. Clarifying amendment regarding jurisdiction for purposes of allocation of retired pay under the Uniformed Services Former 

Spouse Protection Act. 


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Sec. 630. Division of retired pay to be based on member’s length of service and 

pay grade at time of divorce. 

Sec. 631. Increases for divisions of retired pay expressed as a dollar amount. 

Sec. 632. Allow member to waive notice and provide court order upon request. 

Subtitle D—Other Matters 

Sec. 641. Family pet shipment during evacuation of non-essential personnel. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program Improvements 

Sec. 701. Revising TRICARE program cost sharing amounts. 

Sec. 702. Changes in payment options for TRICARE Prime. 

Sec. 703. Obstetrical travel for command-sponsored dependents of uniformed 

members assigned to very remote areas outside the continental 

United States. 

Subtitle B—Other Matters 

Sec. 711. Mental health evaluations of members of the Armed Forces by masters-level clinical social workers with an independent license. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Provisions Relating to Major Defense Acquisition Programs 

Sec. 811. Unmanned systems. 

Sec. 812. Addition of designated major subprograms to major defense acquisition programs. 

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

Limitations 

Sec. 821. Modification of authority to accept financial and other incentives related to energy savings and similar new authority related to energy systems. 

Subtitle C—Other Matters 

Sec. 831. Applicability of the restriction on specialty metals. 

Sec. 832. Repeal of the military system breakout list. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Permanent authority to accept gifts to benefit members of the Armed 

Forces and Department of Defense employees injured or killed 

in line of duty and their dependents. 

Sec. 902. Modification of procedures to preserve the search and rescue capabilities of the Federal Government consistent with military requirements. 

Sec. 903. Repeal of personnel limitations on office of the Secretary of Defense, 

defense agencies, DOD field activities, and military department 

headquarters. 


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Subtitle B—Chemical Demilitarization Program 

Sec. 911. Chemical Demilitarization Citizens’ Advisory Commission in Colorado 

and Kentucky. 

Sec. 912. Modify the termination requirements for assistance to State and local 

governments under the Chemical Stockpile Emergency Preparedness Program. 

Sec. 913. Qualifications change for the director of the U.S. Army Chemical Materials Agency. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Increase limitation on advance billing of working capital fund customers. 

Sec. 1002. Crediting of admiralty claim receipts for damage to DOD working 

capital fund account property. 

Sec. 1003. Refined petroleum products, marginal expense transfer account. 

Subtitle B—Policy Relating to Vessels and Shipyards 

Sec. 1011. Temporary waiver of the minimum aircraft carrier requirement. 

Sec. 1012. Clarification of status of government rights in the designs of Department of Defense vessels, boats, craft, and components 

thereof. 

Sec. 1013. Riding gang member requirements. 

Sec. 1014. Navy vessel mess operation: reimbursement of expenses. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Use of funds for counter-drug and counter-terrorism. 

Subtitle D—Matters Related to Homeland Security 

Sec. 1031. Reserve support for responses to certain emergencies. 

Sec. 1032. Reserve support to major public emergencies. 

Sec. 1033. Reserve support to enforcement of Federal authority. 

Sec. 1034. Reserve support to Federal aid for State governments. 

Sec. 1035. Procurement of equipment by State and local governments. 

Subtitle E—Miscellaneous Authorities and Limitations 

Sec. 1041. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet. 

Subtitle F—Other Matters 

Sec. 1051. Presentation of burial flag to spouses. 

Sec. 1052. Amendment to annual submission of information regarding information technology capital assets. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Sec. 1101. Increase in authorized number of Defense intelligence Senior Executive Service employees. 


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Sec. 1102. Technical change to the definition of a professional accounting position. 

TITLE XII—MATTERS RELATING TO BUILDING PARTNER CAPABILITIES TO COMBAT TERRORISM AND ENHANCE STABILITY 

Subtitle A—Enhancing Partners’ Capacity for Effective Operations 

Sec. 1201. Enhanced authority to pay incremental expenses for participation of 

developing countries in combined exercises. 

Subtitle B—Setting Conditions Through Support for Local Populations 

Sec. 1211. Amendments of authority for humanitarian assistance. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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. 

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 inside the United States. 

Sec. 2206. Modification of authority to carry out certain fiscal year 2007 

projects inside the United States. 

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. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorized base closure and realignment activities funded through 

Department of Defense Base Closure Account 2005. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 

SECURITY INVESTMENT PROGRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 


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TITLE XXVI—CHEMICAL DEMILITARIZATION PROGRAM 

Sec. 2601. Authorized Chemical Demilitarization Program construction and 

land acquisition projects. 

Sec. 2602. Authorization of appropriations, Chemical Demilitarization Construction, Defense-wide. 

Sec. 2603. Modification of authority to carry out certain fiscal year 1997 

project. 

Sec. 2604. Modification of authority to carry out certain fiscal year 2000 

project. 

Sec. 2605. Modification of authority to carry out certain fiscal year 2007 

project. 

TITLE XXVII—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2701. Authorized Guard and Reserve construction and land acquisition 

projects. 

TITLE XXVIII—EXPIRATION AND EXTENSION OF 

AUTHORIZATIONS 

Sec. 2801. Expiration of authorizations and amounts required to be specified 

by law. 

Sec. 2802. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2803. Extension of authorizations of certain fiscal year 2005 projects. 

TITLE XXIX—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2901. Modification of long-term leasing authority for military family housing. 

Sec. 2902. Unspecified minor construction. 

Sec. 2903. Flexibility in determining domestic family housing lease maximums. 

Sec. 2904. Transfer of proceeds from property conveyance, Marine Corps Logistics Base, Albany, Georgia. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2911. Modification of utility system conveyance authority. 

Sec. 2912. Permanent authority to purchase municipal services for military installations in the United States. 

Sec. 2913. Clarification of congressional reporting requirements for certain real 

property transactions of the military departments. 

Subtitle C—Base Closure and Realignment 

Sec. 2921. Annual base closure and realignment report. 

Subtitle D—Other Matters 

Sec. 2931. Expand cooperative agreement authority for management of cultural 

resources to include off-installation mitigation. 

Sec. 2932. Revised deadline for transfer of Arlington Naval Annex to Arlington 

National Cemetery. 

Sec. 2933. Lease of military family housing to the Secretary of Defense. 


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1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

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

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 TITLE I—PROCUREMENT 

8 Subtitle A—Authorization of 

9 Appropriations 

10 SEC. 101. ARMY. 

11 Funds are hereby authorized to be appropriated for 

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

13 (1) For aircraft, $5,009,835,000. 

14 (2) For missiles, $2,211,460,000. 

15 (3) For weapons and tracked combat vehicles, 

16 $3,687,077,000. 

17 (4) For ammunition, $2,275,791,000. 

18 (5) For other procurement, $11,367,926,000. 

19 SEC. 102. NAVY AND MARINE CORPS. 

20 (a) NAVY.—Funds are hereby authorized to be appro21 priated for fiscal year 2009 for procurement for the Navy 

22 as follows: 

23 (1) For aircraft, $14,716,774,000. 

24 (2) For weapons, including missiles and tor25 pedoes, $3,575,482,000. 


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1 (3) For shipbuilding and conversion, 

2 $12,732,918,000. 

3 (4) For other procurement, $5,482,856,000. 

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

5 be appropriated for fiscal year 2009 for procurement for 

6 the Marine Corps in the amount of $1,512,765,000. 

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

8 are hereby authorized to be appropriated for fiscal year 

9 2009 for procurement of ammunition for the Navy and 

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

11 SEC. 103. AIR FORCE. 

12 Funds are hereby authorized to be appropriated for 

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

15 (1) For aircraft, $12,676,496,000. 

16 (2) For ammunition, $894,478,000. 

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

18 (4) For other procurement, $16,128,396,000. 

19 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal year 2009 for Defense-wide procurement in the 

22 amount of $3,164,228,000. 


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1 SEC. 105. RAPID ACQUISITION FUND. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2009 for Rapid Acquisition Fund in the 

4 amount of $102,045,000. 

5 SEC. 106. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

6 FUND. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2009 for Joint Improvised Explosive Device 

9 Defeat Fund in the amount of $496,300,000. 

10 SEC. 107. DEFENSE PRODUCTION ACT PURCHASES. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal year 2009 for Defense Production Act purchases in 

13 the amount of $36,365,000. 

14 Subtitle B—Air Force Programs 

15 SEC. 111. PERFORMANCE BASED LOGISTICS CONTRACTS 

16 FOR THE F–35 JOINT STRIKE FIGHTER. 

17 (a) AVAILABILITY OF OPERATION AND MAINTE18 NANCE FUNDS.—Funds available to the Department of 

19 Air Force and the Department of Navy for operation and 

20 maintenance may be used to fund both expense and invest21 ment costs under Performance Based Logistics contracts 

22 for the Joint Strike Fighter (JSF) F–35. 

23 (b) DEFINITION.—In this section, the term ‘‘Per24 formance Based Logistics contract’’ means a contract for 

25 the acquisition of sustainment support as an integrated, 

26 affordable, performance package designed to optimize sysVerDate Aug 31 2005 21:36 Apr 18, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.IH H5658

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1 tem readiness and availability, while achieving perform2 ance goals for the JSF with clear lines of authority and 

3 responsibility and with cost insight. 

4 (c) SUNSET.—The authority provided by this section 

5 shall terminate on September 30, 2015. 

6 Subtitle C—Navy Programs 

7 SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE 

8 U.S.S. THEODORE ROOSEVELT. 

9 (a) AMOUNT AUTHORIZED FROM THE SCN AC10 COUNT.—Of the amount authorized to be appropriated by 

11 section 102(a)(3) for Shipbuilding, Conversion and Re12 pair, Navy for fiscal year 2009, $124,500,000 is available 

13 for the commencement of the nuclear refueling and com14 plex overhaul of the U.S.S. Theodore Roosevelt (CVN 71) 

15 during fiscal year 2009. The amount made available in 

16 the preceding sentence is the first increment in the three17 year funding planned for the nuclear refueling and com18 plex overhaul of that vessel. 

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

20 Navy is authorized to enter into a contract during fiscal 

21 year 2009 for the nuclear refueling and overhaul of the 

22 U.S.S. Theodore Roosevelt (CVN 71). 

23 (c) CONDITION FOR OUT-YEAR CONTRACT PAY24 MENTS.—A contract entered into under subsection (b) 

25 shall provide that any obligation of the United States to 


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

2 fiscal year 2009 is subject to the availability of appropria3 tions for that purpose for that later fiscal year. 

4 TITLE II—RESEARCH, DEVELOP5 MENT, TEST, AND EVALUA6 TION 

7 Authorization of Appropriations 

8 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

9 Funds are hereby authorized to be appropriated for 

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

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

12 (1) For the Army, $10,524,085,000. 

13 (2) For the Navy, $19,337,238,000. 

14 (3) For the Air Force, $28,066,617,000. 

15 (4) For Defense-wide activities, 

16 $21,688,001,000, of which $188,772,000 is author17 ized for the Director of Operational Test and Eval18 uation. 

19 TITLE III—OPERATION AND 

20 MAINTENANCE 

21 Subtitle A—Authorization of 

22 Appropriations 

23 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

24 Funds are hereby authorized to be appropriated for 

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


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1 activities and agencies of the Department of Defense, for 

2 expenses, not otherwise provided for, for operation and 

3 maintenance, in amounts as follows: 

4 (1) For the Army, $31,243,092,000. 

5 (2) For the Navy, $34,922,398,000. 

6 (3) For the Marine Corps, $5,597,254,000. 

7 (4) For the Air Force, $35,902,487,000. 

8 (5) For the Defense-wide activities, 

9 $26,091,864,000. 

10 (6) For the Army Reserve, $2,642,341,000. 

11 (7) For the Navy Reserve, $1,311,085,000. 

12 (8) For the Marine Corps Reserve, 

13 $213,131,000. 

14 (9) For the Air Force Reserve, $3,142,892,000. 

15 (10) For the Army National Guard, 

16 $5,875,546,000. 

17 (11) For the Air National Guard, 

18 $5,879,576,000. 

19 (12) For the United States Court of Appeals 

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

21 (13) For Environmental Restoration, Army, 

22 $447,776,000. 

23 (14) For Environmental Restoration, Navy, 

24 $290,819,000. 


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1 (15) For Environmental Restoration, Air Force, 

2 $496,227,000. 

3 (16) For Environmental Restoration, Defense4 wide, $13,175,000. 

5 (17) For Environmental Restoration, Formerly 

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

7 (18) For Overseas Humanitarian, Disaster, and 

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

9 (19) For Former Soviet Union Threat Reduc10 tion programs, $414,135,000. 

11 (20) For the Overseas Contingency Operations 

12 Transfer Fund, $9,101,000. 

13 SEC. 302. WORKING CAPITAL FUNDS. 

14 Funds are hereby authorized to be appropriated for 

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

16 activities and agencies of the Department of Defense for 

17 providing capital for working capital and revolving funds 

18 in amounts as follows: 

19 (1) For the Defense Working Capital Funds, 

20 $1,489,234,000. 

21 (2) For the National Defense Sealift Fund, 

22 $1,962,253,000. 

23 (3) For the Defense Coalition Support Fund, 

24 $22,000,000. 


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1 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

2 (a) DEFENSE HEALTH PROGRAM.—Funds are here3 by authorized to be appropriated for the Department of 

4 Defense for fiscal year 2009 for expenses, not otherwise 

5 provided for, for the Defense Health Program, in the 

6 amount of $23,615,202,000, of which— 

7 (1) $23,117,359,000 is for Operation and 

8 Maintenance; 

9 (2) $193,938,000 is for Research, Development, 

10 Test, and Evaluation; and 

11 (3) $303,905,000 is for Procurement. 

12 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC13 TION, ARMY.— 

14 (1) AUTHORIZATION OF APPROPRIATIONS.— 

15 Funds are hereby authorized to be appropriated for 

16 the Department of Defense for fiscal year 2009 for 

17 expenses, not otherwise provided for, for Chemical 

18 Agents and Munitions Destruction, in the amount of 

19 $1,485,634,000, of which— 

20 (A) $1,152,668,000 is for Operation and 

21 Maintenance; 

22 (B) $268,881,000 is for Research, Devel23 opment, Test, and Evaluation; and 

24 (C) $64,085,000 is for Procurement. 

25 (2) USE.—Amounts authorized to be appro26 priated under paragraph (1) are authorized for— 


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1 (A) the destruction of lethal chemical 

2 agents and munitions in accordance with sec3 tion 1412 of the Department of Defense Au4 thorization Act, 1986 (50 U.S.C. 1521); and 

5 (B) the destruction of chemical warfare 

6 materiel of the United States that is not cov7 ered by section 1412 of such Act. 

8 (c) DRUG INTERDICTION AND COUNTER-DRUG AC9 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

10 to be appropriated for the Department of Defense for fis11 cal year 2009 for expenses, not otherwise provided for, for 

12 Drug Interdiction and Counter-Drug Activities, Defense13 wide, in the amount of $1,060,463,000. 

14 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

15 hereby authorized to be appropriated for the Department 

16 of Defense for fiscal year 2009 for expenses, not otherwise 

17 provided for, for the Office of the Inspector General of 

18 the Department of Defense, in the amount of 

19 $247,845,000, of which— 

20 (1) $246,445,000 is for Operation and Mainte21 nance; and 

22 (2) $1,400,000 is for Procurement. 


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1 Subtitle B—Workplace and Depot 

2 Issues 

3 SEC. 321. EXCEPTION FROM PROHIBITION ON CON4 TRACTOR PERFORMANCE OF FIREFIGHTING 

5 FUNCTIONS. 

6 Section 2465(b) of title 10, United States Code, is 

7 amended by adding at the end the following new para8 graph: 

9 ‘‘(5) A contract for the performance of fire10 fighting functions to— 

11 ‘‘(A) fight wildland fires such as range or 

12 forest fires, and 

13 ‘‘(B) perform wildland fire management 

14 such as prescribed burning.’’. 

15 SEC. 322. EXCEPTION TO PROHIBITION ON CONTRACTS 

16 FOR PERFORMANCE OF SECURITY GUARD 

17 FUNCTIONS. 

18 Section 2465(b) of title 10, United States Code, is 

19 amended by adding at the end the following new para20 graph: 

21 ‘‘(5) A contract for security guard functions at 

22 any military installation or facility for the duration 

23 of a Force Protection Condition higher than Alpha; 

24 provided that such contract shall not result in the 

25 displacement of any Federal employee, and shall 


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1 continue in effect no more than 90 days following 

2 the termination of such a higher Force Protection 

3 Condition.’’. 

4 SEC. 323. AUTHORITY TO CONSIDER DEPOT LEVEL MAINTE5 NANCE AND REPAIR USING CONTRACTOR 

6 FURNISHED EQUIPMENT OR LEASED FACILI7 TIES AS CORE LOGISTICS. 

8 Section 2474 of title 10, United States Code, is 

9 amended by adding at the end the following new sub10 section: 

11 ‘‘(h) EXCEPTION FOR CORE LOGISTICS.—Depot-level 

12 maintenance and repair workload performed at a Center 

13 of Industrial and Technical Excellence by Federal Govern14 ment employees using contractor-furnished equipment or 

15 by government employees utilizing government-leased fa16 cilities may be considered as workload necessary to main17 tain core logistics capability identified in section 2464 of 

18 this title if the depot-level maintenance and repair work19 load is the subject of a public-private partnership entered 

20 into pursuant to subsection (b).’’. 


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1 TITLE IV—MILITARY 

2 PERSONNEL AUTHORIZATIONS 

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2009, as follows: 

7 (1) The Army, 532,400. 

8 (2) The Navy, 325,300. 

9 (3) The Marine Corps, 194,000. 

10 (4) The Air Force, 316,600. 

11 SEC. 402. INCREASE IN MARINE CORPS RESERVE GENERAL 

12 OFFICERS IN AN ACTIVE STATUS. 

13 The table in section 12004(a) of title 10, United 

14 States Code, is amended by striking ‘‘10’’ in the item re15 lating to the Marine Corps and inserting ‘‘12’’. 

16 SEC. 403. EXCLUSION OF CERTAIN PERSONNEL FROM 

17 COUNTING FOR ACTIVE-DUTY END 

18 STRENGTHS. 

19 (a) IN GENERAL.—Section 115(i) of title 10, United 

20 States Code, is amended by adding at the end the fol21 lowing new paragraph: 

22 ‘‘(14) Members of a Reserve component ordered 

23 to active duty under section 12301(d) of this title or 

24 full-time National Guard duty under section 

25 502(f)(2) of title 32 for the purpose of responding 


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1 to a serious domestic manmade or natural disaster, 

2 accident, or catastrophe.’’. 

3 (b) CONFORMING AMENDMENT.—Such section is fur4 ther amended by inserting ‘‘and (14)’’ in subsection 

5 (b)(3)(B) after ‘‘(8)’’. 

6 Subtitle B—Reserve Forces 

7 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

8 (a) IN GENERAL.—The Armed Forces are authorized 

9 strengths for Selected Reserve personnel of the Reserve 

10 components as of September 30, 2009, as follows: 

11 (1) The Army National Guard of the United 

12 States, 352,600. 

13 (2) The Army Reserve, 205,000. 

14 (3) The Navy Reserve, 66,700. 

15 (4) The Marine Corps Reserve, 39,600. 

16 (5) The Air National Guard of the United 

17 States, 106,700. 

18 (6) The Air Force Reserve, 67,400. 

19 (7) The Coast Guard Reserve, 10,000. 

20 (b) ADJUSTMENTS.—The end strengths prescribed by 

21 subsection (a) for the Selected Reserve of any Reserve 

22 component shall be proportionately reduced by— 

23 (1) the total authorized strength of units orga24 nized to serve as units of the Selected Reserve of 


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1 such component which are on active duty (other 

2 than for training) at the end of the fiscal year; and 

3 (2) the total number of individual members not 

4 in units organized to serve as units of the Selected 

5 Reserve of such component who are on active duty 

6 (other than for training or for unsatisfactory partici7 pation in training) without their consent at the end 

8 of the fiscal year. 

9 Whenever such units or such individual members are re10 leased from active duty during any fiscal year, the end 

11 strength prescribed for such fiscal year for the Selected 

12 Reserve of such Reserve component shall be increased pro13 portionately by the total authorized strengths of such 

14 units and by the total number of such individual members. 

15 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

16 DUTY IN SUPPORT OF THE RESERVES. 

17 Within the end strengths prescribed in section 

18 411(a), the Reserve components of the Armed Forces are 

19 authorized, as of September 30, 2009, the following num20 ber of Reserves to be serving on full-time active duty or 

21 full-time duty, in the case of members of the National 

22 Guard, for the purpose of organizing, administering, re23 cruiting, instructing, or training the Reserve components: 

24 (1) The Army National Guard of the United 

25 States, 29,950. 


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1 (2) The Army Reserve, 16,170. 

2 (3) The Navy Reserve, 11,099. 

3 (4) The Marine Corps Reserve, 2,261. 

4 (5) The Air National Guard of the United 

5 States, 14,337. 

6 (6) The Air Force Reserve, 2,733. 

7 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

8 (DUAL STATUS). 

9 The minimum number of military technicians (dual 

10 status) as of the last day of fiscal year 2009 for the Re11 serve components of the Army and the Air Force (notwith12 standing section 129 of title 10, United States Code) shall 

13 be the following: 

14 (1) For the Army Reserve, 8,395. 

15 (2) For the Army National Guard of the United 

16 States, 27,210. 

17 (3) For the Air Force Reserve, 10,003. 

18 (4) For the Air National Guard of the United 

19 States, 22,452. 

20 SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF 

21 NON-DUAL STATUS TECHNICIANS. 

22 (a) LIMITATIONS.— 

23 (1) NATIONAL GUARD.—Within the limitation 

24 provided in section 10217(c)(2) of title 10, United 

25 States Code, the number of non-dual status techniVerDate Aug 31 2005 03:30 Apr 19, 2008 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.IH H5658

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1 cians employed by the National Guard as of Sep2 tember 30, 2009, may not exceed the following: 

3 (A) For the Army National Guard of the 

4 United States, 1,600. 

5 (B) For the Air National Guard of the 

6 United States, 350. 

7 (2) ARMY RESERVE.—The number of non-dual 

8 status technicians employed by the Army Reserve as 

9 of September 30, 2009, may not exceed 595. 

10 (3) AIR FORCE RESERVE.—The number of non11 dual status technicians employed by the Air Force 

12 Reserve as of September 30, 2009, may not exceed 

13 90. 

14 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

15 this section, the term ‘‘non-dual status technician’’ has the 

16 meaning given that term in section 10217(a) of title 10, 

17 United States Code. 

18 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU19 THORIZED TO BE ON ACTIVE DUTY FOR 

20 OPERATIONAL SUPPORT. 

21 During fiscal year 2009, the maximum number of 

22 members of the Reserve components of the Armed Forces 

23 who may be serving at any time on full-time operational 

24 support duty under section 115(b) of title 10, United 

25 States Code, is the following: 


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1 (1) The Army National Guard of the United 

2 States, 17,000. 

3 (2) The Army Reserve, 13,000. 

4 (3) The Navy Reserve, 6,200. 

5 (4) The Marine Corps Reserve, 3,000. 

6 (5) The Air National Guard of the United 

7 States, 16,000. 

8 (6) The Air Force Reserve, 14,000. 

9 SEC. 416. INCREASE IN AUTHORIZED STRENGTHS FOR MA10 RINE CORPS RESERVE OFFICERS ON ACTIVE 

11 DUTY IN THE GRADES OF MAJOR AND LIEU12 TENANT COLONEL TO MEET NEW FORCE 

13 STRUCTURE REQUIREMENTS. 

14 The table in section 12011(a) of title 10, United 

15 States Code, is amended— 

16 (1) by striking the figures under the heading 

17 ‘‘Major’’ in the items relating to the Marine Corps 

18 Reserve and inserting the following new items: 

‘‘99 

103 

107 

111 

114 

117 

120 

123 

126 

129 

132 

134 

136 

138 

140 

142’’; and 


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1 (2) by striking the figures under the heading 

2 ‘‘Lieutenant Colonel’’ in the items relating to the 

3 Marine Corps Reserve and inserting the following 

4 new items: 

‘‘63

67

70

73

76

79

82

85

88

91

94

97

100

103

106

109’’. 

5 Subtitle C—Authorization of 

6 Appropriations 

7 SEC. 421. MILITARY PERSONNEL. 

8 There is hereby authorized to be appropriated to the 

9 Department of Defense for military personnel for fiscal 

10 year 2009 a total of $114,896,340,000. 

11 SEC. 422. ARMED FORCES RETIREMENT HOME. 

12 There is hereby authorized to be appropriated for fis13 cal year 2009 from the Armed Forces Retirement Home 

14 Trust Fund the sum of $63,010,000 for the operation of 

15 the Armed Forces Retirement Home. 


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1 TITLE V—MILITARY PERSONNEL 

2 POLICY 

3 Subtitle A—Officer Personnel 

4 Policy 

5 SEC. 501. AMENDMENT OF LIMITED EXCLUSION OF JOINT 

6 DUTY REQUIREMENTS. 

7 Section 526(b)(2)(A) of title 10, United States Code, 

8 is amended by striking ‘‘and a general and flag officer po9 sition’’ and inserting ‘‘three general and flag officer posi10 tions’’. 

11 SEC. 502. CHANGES TO PROMOTION POLICY OBJECTIVES 

12 FOR JOINT OFFICERS. 

13 Section 662 of title 10, United States Code, is 

14 amended— 

15 (1) in subsection (a), by striking ‘‘that—(1)’’ 

16 and all that follows through the period at the end 

17 and inserting ‘‘that officers in the grade of major 

18 (or in the case of the Navy, lieutenant commander) 

19 or above who have been designated as a Joint Quali20 fied Officer are expected as a group to be promoted 

21 to the next higher grade at a rate not less than the 

22 rate for officers of the same armed force in the same 

23 grade and competitive category.’’; and 

24 (2) in subsection (b), by striking ‘‘officers who 

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1 ments, especially with respect to the record of officer 

2 selection boards in meeting the objectives of para3 graphs (1), (2), and (3) of subsection (a)’’ and in4 serting ‘‘Joint Qualified Officers in the grades of 

5 major (or in the case of the Navy, lieutenant com6 mander) through colonel (or in the case of the Navy, 

7 captain), especially with respect to the record of offi8 cer selection boards in meeting the objective of sub9 section (a)’’. 

10 SEC. 503. LENGTH OF JOINT DUTY ASSIGNMENTS. 

11 Section 664 of title 10, United States Code, is 

12 amended— 

13 (1) in subsection (d)— 

14 (A) in paragraph (1), by amending sub15 paragraph (D) to read as follows: 

16 ‘‘(D) a qualifying reassignment from a 

17 joint duty assignment— 

18 ‘‘(i) for unusual personal reasons (in19 cluding extreme hardship and medical con20 ditions) beyond the control of the officer or 

21 the Armed Forces; or 

22 ‘‘(ii) to another joint duty assignment 

23 immediately after— 

24 ‘‘(I) the officer was promoted to 

25 a higher grade, if the reassignment 


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1 was made because no joint duty as2 signment was available within the 

3 same organization that was commen4 surate with the officer’s new grade; or 

5 ‘‘(II) the officer’s position was 

6 eliminated in a reorganization.’’; and 

7 (B) by amending paragraph (3) to read as 

8 follows: 

9 ‘‘(3) Service in a joint duty assignment in a 

10 case in which the officer’s tour of duty in that as11 signment brings the officer’s accrued service for pur12 poses of subsection (f)(3) to the applicable standard 

13 prescribed in subsection (a).’’; 

14 (2) in subsection (e), by amending paragraph 

15 (2) to read as follows: 

16 ‘‘(2) In computing the average length of joint 

17 duty assignments for purposes of paragraph (1), the 

18 Secretary may exclude the following service: 

19 ‘‘(A) Service described in subsection (c). 

20 ‘‘(B) Service described in subsection (d). 

21 ‘‘(C) Service described in subsection 

22 (f)(6).’’; 

23 (3) in subsection (f)— 

24 (A) by amending paragraphs (3) and (4) 

25 to read as follows: 


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1 ‘‘(3) Accrued joint experience in joint duty as2 signments as described in subsection (g). 

3 ‘‘(4) A joint duty assignment outside the 

4 United States or in Alaska or Hawaii for which the 

5 normal accompanied-by-dependents tour of duty is 

6 prescribed by regulation to be at least two years in 

7 length, if the officer serves in the assignment for a 

8 period equivalent to the accompanied-by-dependents 

9 tour length.’’; and 

10 (B) by amending paragraph (6) to read as 

11 follows: 

12 ‘‘(6) A second and subsequent joint duty as13 signment that is less than the period required under 

14 subsection (a), but not less than two years.’’; 

15 (4) by striking subsection (g) and inserting the 

16 following: 

17 ‘‘(g) ACCRUED JOINT EXPERIENCE.—For the pur18 poses of subsection (f)(3), joint experience (e.g., tem19 porary duty in joint assignments, joint individual training, 

20 and participation in joint exercises) as prescribed in regu21 lations by the Secretary of Defense, with the advice of the 

22 Chairman of the Joint Chiefs of Staff, may be aggregated 

23 to equal a full tour of duty.’’; 

24 (5) in subsection (h)— 


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1 (A) by amending paragraph (1) to read as 

2 follows: 

3 ‘‘(1) The Secretary of Defense may award con4 structive credit in the case of an officer (other than 

5 a general or flag officer) who, for reasons of military 

6 necessity, is reassigned from a joint duty assignment 

7 within 60 days of meeting the tour length criteria 

8 prescribed in subsection (f)(1), (f)(2), or (f)(4). The 

9 amount of constructive service that may be credited 

10 to such officer shall be the amount sufficient for the 

11 completion of the applicable tour of duty require12 ment, but in no case more than 60 days.’’; and 

13 (B) by striking paragraph (3); and 

14 (6) by striking subsection (i). 

15 SEC. 504. STREAMLINING LANGUAGE OF JOINT DUTY RE16 QUIREMENTS FOR PROMOTION TO GENERAL 

17 OR FLAG OFFICER. 

18 (a) IN GENERAL.—Section 619a of title 10, United 

19 States Code, is amended— 

20 (1) in the heading, by striking ‘‘joint duty 

21 assignment’’ and inserting ‘‘Joint Qualified 

22 Office designation’’; 

23 (2) by amending subsection (a) to read as fol24 lows: 


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1 ‘‘(a) GENERAL RULE.—An officer on the active-duty 

2 list of the Army, Navy, Air Force, or Marine Corps may 

3 not be appointed to the grade of brigadier general or rear 

4 admiral (lower half) unless the officer has been designated 

5 as a Joint Qualified Officer in accordance with section 661 

6 of this title.’’; 

7 (3) in subsection (b)— 

8 (A) by striking ‘‘paragraph (1) or para9 graph (2) of subsection (a), or both paragraphs 

10 (1) and (2) of subsection (a),’’ in the matter 

11 preceding paragraph (1) and inserting ‘‘sub12 section (a)’’; and 

13 (B) in paragraph (4), by striking ‘‘within 

14 that immediate organization is not less than 

15 two years’’ and inserting ‘‘is not less than two 

16 years, and if the officer has successfully com17 pleted a program of education as described in 

18 subsections (b) and (c) of section 2155 of this 

19 title’’; and 

20 (4) by striking subsection (h). 

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

22 at the beginning of subchapter II of chapter 36 of such 

23 title is amended by striking the item relating to section 

24 619a and inserting the following new item: 

‘‘619a. Eligibility for consideration for promotion: Joint Qualified Officer designation required before promotion to general or flag grade; exceptions.’’. 


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1 SEC. 505. TECHNICAL CHANGES TO ‘‘JOINT SPECIALTY’’

2 TERMINOLOGY. 

3 (a) JOINT DUTY ASSIGNMENTS AFTER COMPLETION

4 OF JOINT PROFESSIONAL MILITARY EDUCATION.—Sec5 tion 663 of title 10, United States Code, is amended— 

6 (1) in subsection (a)— 

7 (A) in the heading, by striking ‘‘JOINT

8 SPECIALTY OFFICERS.—’’ and inserting 

9 ‘‘JOINT QUALIFIED OFFICERS.—’’; and 

10 (B) by striking ‘‘officer with the joint spe11 cialty’’ and inserting ‘‘Joint Qualified Officer’’; 

12 and 

13 (2) in subsection (b)(1), by striking ‘‘do not 

14 have the joint specialty’’ and inserting ‘‘are not des15 ignated as Joint Qualified Officers’’. 

16 (b) PROCEDURES FOR MONITORING CAREERS OF

17 JOINT OFFICERS.—Section 665 of such title is amended— 

18 (1) in subsection (a)(1)(A), by striking ‘‘officers 

19 with the joint specialty’’ and inserting ‘‘Joint Quali20 fied Officers’’; and 

21 (2) in subsection (b)(1), by striking ‘‘officers 

22 with the joint specialty’’ and inserting ‘‘Joint Quali23 fied Officers’’. 


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1 SEC. 506. CONFORMING CHANGES TO ‘‘JOINT SPECIALTY’’

2 TERMINOLOGY. 

3 Section 667 of title 10, United States Code, is 

4 amended— 

5 (1) in paragraph (1)— 

6 (A) in subparagraph (A), by striking ‘‘se7 lected for the joint specialty’’ and inserting 

8 ‘‘designated as a Joint Qualified Officer’’; and 

9 (B) in subparagraph (B), by striking ‘‘se10 lection for the joint specialty’’ and inserting 

11 ‘‘designation as a Joint Qualified Officer’’; 

12 (2) in paragraph (2), by striking ‘‘officers with 

13 the joint specialty’’ and inserting ‘‘Joint Qualified 

14 Officers’’; 

15 (3) in paragraph (3), by striking ‘‘selected for 

16 the joint specialty’’ each place it appears and insert17 ing ‘‘designated as Joint Qualified Officers’’; 

18 (4) in paragraph (4)— 

19 (A) in subparagraph (A), by striking ‘‘se20 lected for the joint specialty’’ and inserting 

21 ‘‘designated as Joint Qualified Officers’’; and 

22 (B) by amending subparagraph (B) to read 

23 as follows: 

24 ‘‘(B) a comparison of the number of offi25 cers who were designated as a Joint Qualified 

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1 ment List billet and completed Joint Profes2 sional Military Education Phase II, with the 

3 number designated as a Joint Qualified Officer 

4 based on their aggregated joint experiences and 

5 completion of Joint Professional Military Edu6 cation Phase II.’’; 

7 (5) by striking paragraph (5); 

8 (6) by amending paragraph (6) to read as fol9 lows: 

10 ‘‘(6) The promotion rate for Joint Qualified Of11 ficers, compared with the promotion for other offi12 cers considered for promotion from within the pro13 motion zone in the same pay grade and the same 

14 competitive category. A similar comparison will be 

15 made for officers both below the promotion zone and 

16 above the promotion zone.’’; 

17 (7) by striking paragraphs (7), (8), and (9); 

18 (8) in paragraph (10), by striking ‘‘selection for 

19 the joint specialty’’ and inserting ‘‘designation as a 

20 Joint Qualified Officer’’; 

21 (9) by striking paragraph (13); and 

22 (10) by amending paragraph (16) to read as 

23 follows: 

24 ‘‘(16) The number of officers, captain (or in the 

25 case of the Navy, lieutenant) and above, certified at 


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1 each level of joint qualification as established in reg2 ulation and policy by the Secretary of Defense with 

3 the advice of the Chairman of the Joint Chiefs of 

4 Staff. Such numbers shall be reported by service and 

5 grade of the officer.’’. 

6 SEC. 507. INCREASED TENURE FOR LIEUTENANT GEN7 ERALS. 

8 Section 14508 of title 10, United States Code, is 

9 amended— 

10 (1) by redesignating subsections (c), (d), and 

11 (e) as subsections (d), (e) and (g), respectively; and 

12 (2) by inserting after subsection (b) the fol13 lowing new subsection (c): 

14 ‘‘(c) THIRTY-EIGHT YEARS OF SERVICE FOR LIEU15 TENANT GENERALS AND VICE ADMIRALS.—Unless re16 tired, Retired Reserve, or discharged at an earlier date, 

17 each Reserve officer of the Army, Air Force, or Marine 

18 Corps in the grade of lieutenant general, and each Reserve 

19 officer of the Navy in the grade of vice admiral shall be 

20 separated in accordance with section 14514 of this title 

21 on the later of the following: 

22 ‘‘0(1) 30 days after completion of 38 years of 

23 commissioned service; or 


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1 ‘‘(2) the fifth anniversary of the date of the of2 ficer’s appointment in the grade of lieutenant gen3 eral or vice admiral.’’; and 

4 (3) by inserting after subsection (e) the fol5 lowing new subsection (f): 

6 ‘‘(f) RETENTION OF LIEUTENANT GENERALS.—A 

7 Reserve officer of the Army or Air Force in the grade of 

8 lieutenant general who would otherwise be removed from 

9 an active status under subsection (b) may in the discretion 

10 of the Secretary of the Army or the Secretary of the Air 

11 Force, as the case may be, be retained in an active status, 

12 but not later than the date on which the officer becomes 

13 66 years of age.’’. 

14 Subtitle B—Reserve Component 

15 Matters 

16 SEC. 511. EXTENSION OF RETENTION ON THE RESERVE AC17 TIVE STATUS LIST OF MILITARY TECHNI18 CIANS (DUAL STATUS) UNTIL AGE 60. 

19 Section 10216(f) of title 10, United States Code, is 

20 amended by striking ‘‘of the Army’’ and inserting ‘‘con21 cerned’’. 


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1 SEC. 512. INCREASE AGE LIMITATION OF RESERVE COMPO2 NENT CHAPLAINS AND MEDICAL OFFICERS 

3 BEYOND AGE 64. 

4 (a) RESERVE CHAPLAINS AND MEDICAL OFFI5 CERS.—Section 14703(b) of title 10, United States Code, 

6 is amended by striking ‘‘67 years’’ and inserting ‘‘68 

7 years’’. 

8 (b) NATIONAL GUARD CHAPLAINS AND MEDICAL OF9 FICERS.—Section 324(a) of title 32, United States Code, 

10 is amended— 

11 (1) by striking ‘‘or’’ at the end of paragraph 

12 (1); 

13 (2) by redesignating paragraph (2) as para14 graph (3); and 

15 (3) by inserting after paragraph (1) the fol16 lowing new paragraph (2): 

17 ‘‘(2) in the case of a chaplain or medical officer, 

18 he becomes 68 years of age; or,’’. 

19 SEC. 513. CONFORMING AMENDMENTS TO INCREASE THE 

20 MANDATORY RETIREMENT AGE FOR RE21 SERVE OFFICERS. 

22 (a) SELECTIVE SERVICE AND UNITED STATES PROP23 ERTY AND FISCAL OFFICERS.—Section 12647 of title 10, 

24 United States Code, is amended by striking ‘‘60 years’’ 

25 and inserting ‘‘62 years’’. 

26 (b) RETENTION OF RESERVE OFFICERS.— 


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1 (1) INCREASED AGE.—Section 14702(b) of such 

2 title is amended by striking ‘‘60 years’’ and insert3 ing ‘‘62 years’’. 

4 (2) CONFORMING AMENDMENTS.— 

5 (A) The heading for such section is amend6 ed by striking ‘‘60’’ and inserting ‘‘62’’. 

7 (B) The heading for subsection (b) of such 

8 section is amended by striking ‘‘60’’ and insert9 ing ‘‘62’’. 

10 (3) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of chapter 1409 of such title 

12 is amended by striking the item relating to section 

13 14702 and inserting the following new item: 

‘‘14702. Retention on Reserve active-status list of certain officers until age 62.’’. 

14 SEC. 514. AUTHORITY TO REQUIRE THE UNIFORM BY MILI15 TARY TECHNICIANS (DUAL STATUS). 

16 Section 10216(a) of title 10, United States Code, is 

17 amended by adding at the end the following new para18 graph: 

19 ‘‘(4) Under regulations prescribed by the Sec20 retary concerned, the Secretary may require a mili21 tary technician (dual status), while performing du22 ties as a military technician (dual status), to wear 

23 the uniform appropriate for the member’s grade and 

24 component of the Armed Forces.’’. 


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1 SEC. 515. CLARIFICATION OF AUTHORITY TO CONSIDER 

2 FOR A VACANCY PROMOTION NATIONAL 

3 GUARD OFFICERS ORDERED TO ACTIVE DUTY 

4 DURING A CONTINGENCY OPERATION. 

5 Section 14317 of title 10, United States Code, is 

6 amended— 

7 (1) in subsection (d), by inserting before the pe8 riod at the end of the first sentence the following: 

9 ‘‘, or the officer has been ordered to or is serving on 

10 active duty in support of a contingency operation’’; 

11 and 

12 (2) in subsection (e)(1)(B), by inserting ‘‘, or 

13 by examination for Federal recognition under title 

14 32’’ after ‘‘title’’. 

15 Subtitle C—Education and 

16 Training 

17 SEC. 521. AWARDING OF MASTER OF ARTS IN STRATEGIC 

18 SECURITY STUDIES. 

19 (a) IN GENERAL.—Section 2163 of title 10, United 

20 States Code, is amended— 

21 (1) by striking the heading and inserting the 

22 following: 

23 ‘‘§ 2163. National Defense University: master’s degree 

24 programs’’; 

25 (2) in subsection (a), by inserting ‘‘or master of 

26 arts’’ after ‘‘science’’; and 


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1 (3) in subsection (b), by adding at the end the 

2 following new paragraph: 

3 ‘‘(4) MASTER OF ARTS IN STRATEGIC SECURITY

4 STUDIES.—The degree of master of arts in strategic 

5 security studies, to graduates of the University who 

6 fulfill the requirements of the program at the School 

7 for National Security Executive Education.’’. 

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

9 at the beginning of chapter 108 of such title is amended 

10 by striking the item relating to section 2163 and inserting 

11 the following new item: 

‘‘2163. National Defense University: master’s degree programs.’’. 

12 (c) APPLICABILITY TO 2006–2008 GRADUATES.— 

13 Paragraph (4) of section 2163(b) of title 10, United 

14 States Code, as added by subsection (a) of this section, 

15 shall apply to any person who becomes a graduate on or 

16 after September 6, 2006. 

17 SEC. 522. TUITION REIMBURSEMENT AND USE OF FUNDS 

18 AT THE UNITED STATES AIR FORCE INSTI19 TUTE OF TECHNOLOGY. 

20 Section 9314(c) of title 10, United States Code, is 

21 amended by adding at the end the following new para22 graphs: 

23 ‘‘(4)(A) To cover the costs of their attendance, 

24 the Air Force Institute of Technology shall charge 

25 tuition for students who are not— 


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1 ‘‘(i) members of the armed forces under 

2 paragraphs (1) through (3); nor 

3 ‘‘(ii) attending the Institute under Depart4 ment of the Air Force sponsorship. 

5 The organization sending such a student shall bear 

6 the costs of tuition for that student. 

7 ‘‘(B) The students covered by subparagraph (A) 

8 include civilian employees from military departments 

9 other than the Air Force, other Department of De10 fense agencies, other Federal agencies, and private 

11 (non-governmental) entities. 

12 ‘‘(5) Amounts received by the Institute for in13 struction of students enrolled under this section 

14 shall be retained by the Institute to defray the costs 

15 of such instruction. The source and disposition of 

16 such funds shall be specifically identified in the 

17 records of the Institute.’’. 

18 SEC. 523. EXPANDED AUTHORITY TO AWARD DEGREES. 

19 (a) UNITED STATES ARMY WAR COLLEGE.—(1) The 

20 text of section 4321 of title 10, United States Code, is 

21 amended to read as follows: 

22 ‘‘Under regulations prescribed by the Secretary of the 

23 Army, the Commandant of the United States Army War 

24 College may, upon recommendation of the faculty of the 

25 college, confer appropriate degrees upon graduates of the 


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1 college who meet the degree requirements consistent with 

2 the recommendations of the United States Department of 

3 Education and principles of the regional accrediting 

4 body.’’. 

5 (2) The heading for such section is amended by strik6 ing ‘‘: master of strategic studies degree’’. 

7 (3) The table of sections at the beginning of chapter 

8 401 of such title is amended by striking the item relating 

9 to section 4321 and inserting the following new item: 

‘‘4321. United States Army War College.’’. 

10 (b) UNITED STATES ARMY COMMAND AND GENERAL

11 STAFF COLLEGE.—The text of section 4314 of such title 

12 is amended to read as follows: 

13 ‘‘Under regulations prescribed by the Secretary of the 

14 Army, the Commandant of the United States Army Com15 mand and General Staff College may, upon recommenda16 tion of the faculty of the college, confer appropriate de17 grees upon graduates of the college who meet the degree 

18 requirements consistent with the recommendations of the 

19 United States Department of Education and principles of 

20 the regional accrediting body.’’. 

21 (c) MARINE CORPS UNIVERSITY.—(1) Section 7102 

22 of such title is amended— 

23 (A) by striking subsections (a), (b), (c), and (d) 

24 and inserting the following new subsection (a): 


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1 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

2 the Secretary of the Navy, the President of the Marine 

3 Corps University may, upon recommendation of the fac4 ulty of a school or college of Marine Corps University, con5 fer appropriate degrees upon graduates of the school or 

6 college who meet the degree requirements consistent with 

7 the recommendations of the United States Department of 

8 Education and principles of the regional accrediting 

9 body.’’; 

10 (B) by redesignating subsection (e) as sub11 section (b); and 

12 (C) by striking ‘‘masters degrees’’ in the 

13 heading and inserting ‘‘authority’’. 

14 (2) The table of sections at the beginning of chapter 

15 401 of such title is amended by striking the item relating 

16 to section 7102 and inserting the following new title: 

‘‘7102. Marine Corps University: authority; board of advisors.’’. 

17 (d) UNITED STATES AIR FORCE INSTITUTE OF

18 TECHNOLOGY.—Section 9314(a) of such title is amended 

19 to read as follows: 

20 ‘‘(a) AUTHORITY.—Under regulations prescribed by 

21 the Secretary of the Air Force, the Commander of Air 

22 University may, upon recommendation of the faculty of 

23 the United States Air Force Institute of Technology, con24 fer appropriate degrees upon graduates of those programs 

25 who meet the degree requirements consistent with the recVerDate Aug 31 2005 21:36 Apr 18, 2008 Jkt 069200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.IH H5658

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1 ommendations of the United States Department of Edu2 cation and principles of the regional accrediting body.’’. 

3 (e) AIR UNIVERSITY.—The text of section 9317 of 

4 such title is amended to read as follows: 

5 ‘‘Under regulations prescribed by the Secretary of the 

6 Air Force, the Commander of Air University may, upon 

7 recommendation of the faculty of the Air Force programs, 

8 confer appropriate degrees upon graduates of those pro9 grams who meet the degree requirements consistent with 

10 the recommendations of the United States Department of 

11 Education and principles of the regional accrediting 

12 body.’’. 

13 SEC. 524. AUTHORITY TO PRESCRIBE AUTHORIZED 

14 STRENGTH FOR THE UNITED STATES NAVAL 

15 ACADEMY. 

16 Section 6954 of title 10, United States Code, is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘4,000 or such higher 

20 number’’ and inserting ‘‘4,400 or such lower 

21 number’’; 

22 (B) by striking ‘‘under subsection (h)’’; 

23 and 

24 (C) by striking ‘‘limitation’’ and inserting 

25 ‘‘prescription’’; and 


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1 (2) by striking subsection (h). 

2 SEC. 525. ENHANCING EDUCATION PARTNERSHIPS. 

3 (a) IN GENERAL.—Chapter 111 of title 10, United 

4 States Code, is amended by inserting after section 2194 

5 the following new section: 

6 ‘‘§ 2194a. Education partnerships: operational sup7 port in the social and applied sciences 

8 and humanities 

9 ‘‘(a) AUTHORITY.—The Secretary of Defense may 

10 authorize any operational command under the jurisdiction 

11 of the Department of Defense to enter into one or more 

12 education partnership agreements with educational insti13 tutions in the United States for the purpose of— 

14 ‘‘(1) obtaining timely information and advice 

15 relevant to the operational command’s mission and 

16 area of responsibility from subject matter experts in 

17 the social and applied sciences; 

18 ‘‘(2) encouraging and enhancing study of the 

19 operational command’s mission, geographic or func20 tional areas of responsibility, and their environment; 

21 and 

22 ‘‘(3) encouraging and enhancing study in the 

23 associated social and applied scientific and humani24 tarian disciplines. 


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1 ‘‘(b) COST.—Except as provided in this section, exe2 cution of these partnership agreements shall be at no cost 

3 to the government. 

4 ‘‘(c) PARTNERSHIP AGREEMENT PROVISIONS.— 

5 Under a partnership agreement entered into with an edu6 cational institution under this section, the operational 

7 command— 

8 ‘‘(1) may provide office space and associated 

9 administrative, technical and overhead support; 

10 ‘‘(2) may reimburse educational institution per11 sonnel for travel and incidental expenses performed 

12 in fulfillment of the partnership agreement; and 

13 ‘‘(3) may loan equipment to the institution for 

14 the purposes stated in subsection (a) and for up to 

15 five years duration in support of such agreement. 

16 ‘‘(d) TREATMENT OF PERSONS.—Persons performing 

17 services under the terms of a partnership agreement 

18 shall— 

19 ‘‘(1) not be entitled to any compensation from 

20 the United States except as provided for in sub21 section (c); 

22 ‘‘(2) not be considered a government employee 

23 under the National Security Personnel System or 

24 any other Federal employment system; and 


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1 ‘‘(3) serve at the mutual convenience of the 

2 command and the educational institution. 

3 ‘‘(e) DEFINITIONS.—For the purposes of this section: 

4 ‘‘(1) The term ‘educational institution’ means 

5 colleges, universities, and any other nonprofit insti6 tutions dedicated to the advancement of the social 

7 and applied sciences or humanities. 

8 ‘‘(2) The term ‘social and applied sciences and 

9 humanities’ includes anthropology, business, commu10 nications, economics, education, history, languages, 

11 political science, psychology, and sociology.’’. 

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

13 at the beginning of such chapter is amended by inserting 

14 after the item relating to section 2194 the following new 

15 item: 

‘‘2194a. Education partnerships: operational support in the social and applied 

sciences and humanities.’’. 

16 Subtitle D—General Service 

17 Authorities 

18 SEC. 531. CHANGE IN REQUIREMENT FOR POSTHUMOUS 

19 CERTIFICATION. 

20 (a) POSTHUMOUS COMMISSIONS.—Section 1521 of 

21 title 10, United States Code, is amended— 

22 (1) in subsection (a), by striking ‘‘in line of 

23 duty’’ each place it appears; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(c) A commission issued under subsection (a) shall 

4 require certification by the Secretary of the military de5 partment concerned that at the time of death the member 

6 was qualified for appointment to the next higher grade.’’. 

7 (b) POSTHUMOUS WARRANTS.—Section 1522(a) of 

8 such title is amended— 

9 (1) by striking ‘‘in line of duty’’; and 

10 (2) by adding at the end the following new sen11 tence: ‘‘Warrants issued under this subsection shall 

12 require a finding by the Secretary of the military de13 partment concerned that at the time of death the 

14 member was qualified for appointment to the next 

15 higher grade.’’. 

16 SEC. 532. RAISE MAXIMUM REENLISTMENT TERM. 

17 (a) IN GENERAL.—Section 505(d) of title 10, United 

18 States Code, is amended— 

19 (1) in paragraph (2), by striking ‘‘six’’ and in20 serting ‘‘eight’’; and 

21 (2) in paragraph (3)(A), by striking ‘‘six’’ and 

22 inserting ‘‘eight’’. 

23 (b) CONFORMING AMENDMENT.—Section 

24 308(a)(2)(ii) of title 37, United States Code, is amended 

25 by striking ‘‘six’’ and inserting ‘‘eight’’. 


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1 Subtitle E—Other Matters 

2 SEC. 541. CAREER INTERMISSION PILOT PROGRAM. 

3 (a) AUTHORITY TO ESTABLISH CAREER INTER4 MISSION PILOT PROGRAM.—The Secretary concerned may 

5 establish a pilot program under which officers and enlisted 

6 members may be released from active duty for periods of 

7 no more than three years, to meet personal or professional 

8 needs, and be returned to active duty at the end of the 

9 period of inactive duty. The program shall be known as 

10 the Career Intermission Pilot Program. 

11 (b) REQUIREMENTS OF THE PROGRAM.— 

12 (1) No more than 20 officers and 20 enlisted 

13 members of each armed force within the military de14 partments serving on active duty (other than for 

15 training) per year may be selected for participation 

16 in the program established under this section. 

17 (2) The period during which a program partici18 pant is away from active duty may not exceed three 

19 years from the date of release from active duty. All 

20 program participants will return to active duty at 

21 the end of their period of participation in the pro22 gram. 

23 (3) Before being released from active duty, each 

24 program participant will be appointed in or enlisted 

25 in the military department’s Ready Reserve and will 


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1 enter into an agreement with the Secretary con2 cerned or his designee under which the participant 

3 agrees to serve on active duty in the regular or Re4 serve component as determined by the needs of the 

5 military department for a period of not less than two 

6 months for every month of program participation 

7 following the participant’s return to active duty. 

8 (4) After release from active duty, each pro9 gram participant will remain in their respective mili10 tary department’s Ready Reserve and will report 

11 once per month to a location as directed by each 

12 military department. 

13 (5) Time spent in the program shall not count 

14 toward— 

15 (A) eligibility for retirement or transfer to 

16 the Ready Reserve under either chapter 571 or 

17 chapter 1223 of title 10, United States Code; 

18 (B) computation of retired or retainer pay 

19 under chapter 71 or chapter 1223 of title 10, 

20 United States Code; or 

21 (C) computation of total years of commis22 sioned service under section 14706 of title 10, 

23 United States Code. 


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1 (c) MEDICAL AND DENTAL CARE.—Notwithstanding 

2 any other provision of law, a member of the Ready Reserve 

3 in the Career Intermission Pilot Program is entitled to— 

4 (1) the same medical and dental care under 

5 chapter 55 of title 10, United States Code, as is pro6 vided to members of the Armed Forces and their de7 pendents at military treatment facilities; and 

8 (2) the same coverage under the TRICARE 

9 program as is provided to members of the Armed 

10 Forces on active duty for a period of more than 30 

11 days and the dependents of such members. 

12 (d) PROMOTION ELIGIBILITY.—(1) OFFICERS.—Not13 withstanding any other provision of law, an officer partici14 pating in the Career Intermission Pilot Program shall not 

15 be eligible for consideration for promotion under either 

16 chapter 36 or chapter 1405 of title 10, United States 

17 Code. Upon return to active duty— 

18 (A) an officer’s date of rank shall be adjusted 

19 to a later date under regulations prescribed by the 

20 Secretary of Defense; and 

21 (B) the officer shall be eligible for consideration 

22 for promotion when officers of the same competitive 

23 category, grade and seniority are eligible for consid24 eration. 


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1 (2) ENLISTED MEMBERS.—An enlisted participant in 

2 the Career Intermission Pilot Program is ineligible for 

3 consideration for promotion from the date of his release 

4 from active duty through the period of his participation 

5 in the program, until such time after his return to active 

6 duty as he becomes eligible by reason of his time in grade 

7 and such other requirements as may be specified in mili8 tary department regulations. 

9 (e) PAY.—(1) Each month during participation in the 

10 program, participants will be paid two times one thirtieth 

11 of the basic pay to which the participant would be other12 wise entitled based on grade and years of service if the 

13 participant were on active duty. 

14 (2) Notwithstanding any other provision of law, a 

15 participant is entitled to the travel and transportation al16 lowances under section 404 of title 37, United States 

17 Code, for travel performed from the member’s residence, 

18 at the time of release from active duty to participate in 

19 the Program, to the location in the United States des20 ignated by the member as his residence during the period 

21 of participation in the Program, and for the member’s 

22 travel to his residence upon return to active duty at the 

23 end of the member’s participation in the Program. An al24 lowance will be paid under this subsection for travel to 

25 and from only one residence. 


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1 (3) While away from active duty as a participant in 

2 the Career Intermission Pilot Program under this section, 

3 a member may not receive any special or incentive pay 

4 or bonus under chapter five of title 37, United States 

5 Code, to which the member would otherwise be entitled 

6 for such period. When the member returns to active duty 

7 after the period of participation in the Career Intermission 

8 Pilot Program, the member will be entitled to receive, in 

9 addition to basic pay, all of the special and incentive pays 

10 which the member was receiving before being released 

11 from active duty to participate in the Career Intermission 

12 Pilot Program and for which the member is qualified at 

13 the time of return to active duty. 

14 (f) COMPUTATION OF TOTAL YEARS OF SERVICE.— 

15 Section 14706(a) of title 10, United States Code, is 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(4) Service while participating in the Career 

19 Intermission Pilot Program.’’. 

20 (g) DURATION OF PROGRAM AUTHORITY.—The au21 thority to conduct the Program authorized by this section 

22 shall commence on January 1, 2009 and expire on Decem23 ber 31, 2014. 


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1 TITLE VI—COMPENSATION AND 

2 OTHER PERSONNEL BENEFITS 

3 Subtitle A—Bonuses and Special 

4 and Incentive Pays 

5 SEC. 601. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

6 SPECIAL PAYS FOR RESERVE FORCES. 

7 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

8 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

9 302g(e) of title 37, United States Code, is amended by 

10 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

11 31, 2009’’. 

12 (b) SELECTED RESERVE REENLISTMENT BONUS.— 

13 Section 308b(g) of such title is amended by striking ‘‘De14 cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

15 (c) SELECTED RESERVE AFFILIATION OR ENLIST16 MENT BONUS.—Section 308c(i) of such title is amended 

17 by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem18 ber 31, 2009’’. 

19 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS20 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

21 308d(c) of such title is amended by striking ‘‘December 

22 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

23 (e) READY RESERVE NON-PRIOR SERVICE ENLIST24 MENT BONUS.—Section 308g(f)(2) of such title is amendVerDate Aug 31 2005 21:36 Apr 18, 2008 Jkt 069200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.IH H5658

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1 ed by striking ‘‘December 31, 2008’’ and inserting ‘‘De2 cember 31, 2009’’. 

3 (f) READY RESERVE ENLISTMENT AND REENLIST4 MENT BONUS.—Section 308h(e) of such title is amended 

5 by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem6 ber 31, 2009’’. 

7 (g) PRIOR SERVICE REENLISTMENT BONUS.—Sec8 tion 308i(f) of such title is amended by striking ‘‘Decem9 ber 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

10 (h) REPAYMENT OF EDUCATION LOANS FOR CER11 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE12 LECTED RESERVE.—Section 16302(d) of title 10, United 

13 States Code, is amended by striking ‘‘January 1, 2009’’ 

14 and inserting ‘‘January 1, 2010’’. 

15 SEC. 602. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

16 SPECIAL PAY AUTHORITIES FOR CERTAIN 

17 HEALTH CARE PROFESSIONALS. 

18 (a) NURSE OFFICER CANDIDATE ACCESSION PRO19 GRAM.—Section 2130a(a)(1) of title 10, United States 

20 Code, is amended by striking ‘‘December 31, 2008’’ and 

21 inserting ‘‘December 31, 2009’’. 

22 (b) ACCESSION BONUS FOR REGISTERED NURSES.— 

23 Section 302d(a)(1) of title 37, United States Code, is 

24 amended by striking ‘‘December 31, 2008’’ and inserting 

25 ‘‘December 31, 2009’’. 


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1 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES2 THETISTS.—Section 302e(a)(1) of such title is amended 

3 by striking ‘‘December 31, 2008’’ and inserting ‘‘Decem4 ber 31, 2009’’. 

5 (d) ACCESSION BONUS FOR DENTAL OFFICERS.— 

6 Section 302h(a)(1) of such title is amended by striking 

7 ‘‘December 31, 2008’’ and inserting ‘‘December 31, 

8 2009’’. 

9 (e) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

10 Section 302j(a) of such title is amended by striking ‘‘De11 cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

12 (f) ACCESSION BONUS FOR MEDICAL OFFICERS IN

13 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

14 302k(f) of such title is amended by striking ‘‘December 

15 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

16 (g) ACCESSION BONUS FOR DENTAL SPECIALIST OF17 FICERS IN CRITICALLY SHORT WARTIME SPECIALTIES.— 

18 Section 302l(g) of such title is amended by striking ‘‘De19 cember 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

20 SEC. 603. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

21 BONUS AUTHORITIES FOR NUCLEAR OFFI22 CERS. 

23 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI24 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

25 312(f) of title 37, United States Code, is amended by 


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1 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

2 31, 2009’’. 

3 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

4 312b(c) of such title is amended by striking ‘‘December 

5 31, 2008’’ and inserting ‘‘December 31, 2009’’. 

6 (c) NUCLEAR CAREER ANNUAL INCENTIVE

7 BONUS.—Section 312c(d) of such title is amended by 

8 striking ‘‘December 31, 2008’’ and inserting ‘‘December 

9 31, 2009’’. 

10 SEC. 604. DIRECT ACCESSION BONUS FOR PSYCHOLOGY OF11 FICERS. 

12 (a) IN GENERAL.—Chapter 5 of title 37, United 

13 States Code, is amended by inserting after section 302l 

14 the following new section: 

15 ‘‘§ 302m. Special pay: accession bonus for psychology 

16 officers 

17 ‘‘(a) ACCESSION BONUS AUTHORIZED.—A person 

18 who is a fully licensed psychologist and who executes a 

19 written agreement described in subsection (d) to accept 

20 a commission as an officer of the Armed Forces and re21 main on active duty for a period of not less than four con22 secutive years may, upon the acceptance of the agreement 

23 by the Secretary concerned, be paid an accession bonus 

24 in the amount determined by the Secretary concerned. 


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1 ‘‘(b) AMOUNT OF BONUS.—The amount of an acces2 sion bonus under subsection (a) may not exceed $70,000. 

3 ‘‘(c) LIMITATION ON ELIGIBILITY FOR BONUS.—A 

4 person may not be paid a bonus under subsection (a) if— 

5 ‘‘(1) the person, in exchange for an agreement 

6 to accept an appointment as an officer, received fi7 nancial assistance from the Department of Defense 

8 to pursue a course of study in psychology; or 

9 ‘‘(2) the Secretary concerned determines that 

10 the person is not qualified to become and remain 

11 certified as a psychologist. 

12 ‘‘(d) AGREEMENT.—The agreement referred to in 

13 subsection (a) shall provide that, consistent with the needs 

14 of the armed force concerned, the person executing the 

15 agreement will be assigned to duty, for the period of obli16 gated service covered by the agreement, as an officer of 

17 the Medical Service Corps of the Army or the Navy or 

18 as an officer of the Air Force designated as a biomedical 

19 sciences officer. 

20 ‘‘(e) REPAYMENT.—A person who, after executing an 

21 agreement under subsection (a), is not commissioned as 

22 an officer of the Armed Forces, does not become licensed 

23 as a psychologist, or does not complete the period of active 

24 duty in a specialty specified in the agreement shall be subVerDate Aug 31 2005 21:36 Apr 18, 2008 Jkt 069200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.IH H5658

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1 ject to the repayment provisions of section 303a(e) of this 

2 title.’’. 

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

4 at the beginning of such chapter is amended by inserting 

5 after the item relating to section 302l the following new 

6 item: 

‘‘302m. Special pay: accession bonus for psychology officers.’’. 

7 SEC. 605. EXTENDING MAXIMUM LENGTH OF NUCLEAR OF8 FICER INCENTIVE PAY AGREEMENTS FOR 

9 SERVICE. 

10 Section 312(a)(3) of title 37, United States Code, is 

11 amended by striking ‘‘three, four, or five’’ and inserting 

12 ‘‘not less than three’’. 

13 Subtitle B—Travel and 

14 Transportation Allowances 

15 SEC. 611. TRAVEL AND TRANSPORTATION ALLOWANCES 

16 FOR CERTAIN FAMILY MEMBERS AND THE 

17 PERSON DESIGNATED TO DIRECT THE DIS18 POSITION OF THE DECEASED’S REMAINS TO 

19 ATTEND THE BURIAL CEREMONY OR MEMO20 RIAL SERVICE OF MEMBERS WHO DIE ON 

21 DUTY. 

22 (a) UNCONDITIONAL ELIGIBILITY OF MINOR SIB23 LINGS.—Section 411f(c)(1) of title 37, United States 

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

25 subparagraph: 


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1 ‘‘(D) Any unmarried brother or sister of 

2 the deceased member who is under 21 years of 

3 age, or if age 21 or more a dependent child of 

4 the parent or parents of the deceased member, 

5 as determined under regulations prescribed 

6 under subsection (f).’’. 

7 (b) UNCONDITIONAL ELIGIBILITY OF PERSON DI8 RECTING DISPOSITION OF REMAINS.—Subsection (a) of 

9 such section is amended by adding at the end the following 

10 new paragraph: 

11 ‘‘(3) The person who directs the disposition of 

12 the remains of the deceased member under section 

13 1482(c) of title 10, or, in the case of a deceased 

14 member whose remains are commingled and buried 

15 in a common grave in a national cemetery, the per16 son who would have been designated under such sec17 tion to direct the disposition of the remains if indi18 vidual identification had been made.’’; and 

19 (c) CONFORMING AMENDMENT.—Subsection (c)(2) 

20 of such section is amended by striking ‘‘to—’’ and all that 

21 follows through ‘‘(B)’’ and inserting ‘‘to up to two addi22 tional persons closely related to the deceased member who 

23 are selected by the person referred to under subsection 

24 (a)(3)’’. 


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1 Subtitle C—Retired Pay and 

2 Survivor Benefits 

3 SEC. 621. WAIVER OF RECOUPMENT OF OVERPAYMENTS OF 

4 RETIRED PAY TO SPOUSE OR FORMER 

5 SPOUSE AS A RESULT OF RETROACTIVE DIS6 ABILITY DETERMINATION. 

7 Section 2774 of title 10, United States Code, is 

8 amended by adding at the end the following new sub9 section: 

10 ‘‘(g)(1) The Director of the Office of Management 

11 and Budget or the Secretary concerned, as the case may 

12 be, shall waive any claim for overpayment against a spouse 

13 or former spouse of a member if— 

14 ‘‘(A) the payment was disposable retired 

15 pay that, pursuant to section 1408 of this title, 

16 a court treated as property for the purpose of 

17 issuing a final decree of divorce, dissolution, an18 nulment, or legal separation, including a court 

19 ordered, ratified, or approved property settle20 ment incident to such decree; and 

21 ‘‘(B) the claim for overpayment is attrib22 utable to a determination of entitlement to dis23 ability compensation under title 38. 

24 ‘‘(2) In this section: 


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1 ‘‘(A) The term ‘court’ has the meaning 

2 given such term in section 1408(a)(1) of this 

3 title. 

4 ‘‘(B) The term ‘disposable retired pay’ has 

5 the meaning given such term in section 

6 1408(a)(4) of this title. 

7 ‘‘(C) The term ‘final decree’ has the mean8 ing given such term in section 1408(a)(3) of 

9 this title. 

10 ‘‘(D) The term ‘member’ has the meaning 

11 given such term in section 1408(a)(5) of this 

12 title. 

13 ‘‘(E) The term ‘spouse or former spouse’ 

14 has the meaning given such term in section 

15 1408(a)(6) of this title.’’. 

16 SEC. 622. SURVIVOR BENEFIT PLAN: EXTENSION OF PE17 RIOD FOR ELECTION DEEMED TO HAVE BEEN 

18 MADE. 

19 (a) IN GENERAL.—Section 1450(f)(3)(C) of title 10, 

20 United States Code, is amended by striking ‘‘one year’’ 

21 and inserting ‘‘five years’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

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1 tive after the end of the 90-day period beginning on the 

2 date of enactment of this Act. 

3 SEC. 623. SURVIVOR BENEFIT PLAN: MULTIPLE BENE4 FICIARIES. 

5 (a) PERMIT SPOUSE AND FORMER SPOUSE COV6 ERAGE.—Section 1448(b)(2) of title 10, United States 

7 Code, is amended— 

8 (1) in subparagraph (B)— 

9 (A) by striking ‘‘prevents payment’’ and 

10 inserting ‘‘reduces the amount’’; and 

11 (B) by striking ‘‘including payment’’ and 

12 inserting ‘‘including the amount of an annuity’’; 

13 and 

14 (2) in subparagraph (C), by striking ‘‘which 

15 former spouse is to be provided the annuity’’ and in16 serting ‘‘the base amount applicable in determining 

17 the amount of the annuity of each former spouse’’. 

18 (b) PERMIT SPOUSE AND FORMER SPOUSE ANNU19 ITIES.—Section 1450(a)(1) of such title is amended to 

20 read as follows: 

21 ‘‘(1) SURVIVING SPOUSE AND FORMER

22 SPOUSE(S).—The eligible surviving spouse and every 

23 eligible former spouse.’’. 

24 (c) PERMIT REDUCTIONS IN RETIRED PAY IN THE

25 CASE OF MULTIPLE BENEFICIARIES.—Section 1452 of 


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1 such title is amended by adding at the end the following 

2 new subsection: 

3 ‘‘(k) REDUCTIONS IN RETIRED PAY IN THE CASE OF

4 MULTIPLE BENEFICIARIES.—When a participant in the 

5 Plan has elected to provide an annuity to a spouse and 

6 to one or more former spouses, reductions in retired pay 

7 required by subsection (a) shall be made for each annuity 

8 elected, in an amount based on the base amount applicable 

9 to each annuity. In the case of a reduction in retired pay 

10 to provide an annuity to a former spouse to whom pay11 ment of a portion of a member’s retired pay is being made 

12 pursuant to a court order under section 1408 of this title, 

13 such reduction in retired pay shall be deducted from the 

14 amounts paid to such member, to such former spouse, or 

15 both, as provided by court order or by agreement of the 

16 parties.’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 subsections (a), (b), and (c) apply with respect to elections 

19 made on or after the date of enactment of this Act. Any 

20 election to provide an annuity to a spouse or former 

21 spouse who was prevented from being a beneficiary under 

22 the laws in effect before the date of enactment of this Act 

23 shall be made within 180 days following the date of enact24 ment of this Act. 


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1 (e) COVERAGE FOR SURVIVORS OF RETIREMENT-EL2 IGIBLE MEMBERS WHO DIE ON ACTIVE DUTY.—(1) Sec3 tion 1448(d) of such title is amended— 

4 (A) in paragraph (3), by striking ‘‘the sec5 retary—(A) may not pay an annuity under para6 graph (1) or (2); but (B)’’ and inserting ‘‘the Sec7 retary’’; and 

8 (B) by amending paragraph (5) to read as fol9 lows: 

10 ‘‘(5) COMPUTATION.—(A) The amount of an 

11 annuity payable to a former spouse pursuant to 

12 paragraph (3) shall be computed on the basis of a 

13 base amount equal to the amount of retired pay 

14 that, under the authority of section 1408(c) of this 

15 title, is treated under a court order or spousal agree16 ment as the property of such former spouse. 

17 ‘‘(B) The amount of an annuity payable under 

18 paragraph (1) or (2) shall be computed under sec19 tion 1451(c) of this title; however, the retired pay 

20 otherwise applicable with respect to such computa21 tion shall be reduced by an amount equal to the base 

22 amount that provides the basis for computing the 

23 amount of an annuity payable to a former spouse 

24 under paragraph (3) of this subsection.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made by 

2 paragraph (1) shall apply with respect to survivors of re3 tirement-eligible members who die on active duty on or 

4 after the date of enactment of this Act. 

5 (f) COVERAGE FOR SURVIVORS OF PERSONS DYING

6 WHEN ELIGIBLE TO ELECT RESERVE COMPONENT AN7 NUITY.—(1) Section 1448(f) of such title is amended— 

8 (A) by striking ‘‘the Secretary—(A) may not 

9 pay an annuity under paragraph (1) or (2); but 

10 (B)’’ and inserting ‘‘the Secretary’’; and 

11 (B) by amending paragraph (4) to read as fol12 lows: 

13 ‘‘(4) COMPUTATION.—(A) The amount of an 

14 annuity payable to a former spouse pursuant to 

15 paragraph (3) shall be computed on the basis of a 

16 base amount equal to the amount of retired pay 

17 that, under the authority of section 1408(c) of this 

18 title, is treated under a court order or spousal agree19 ment as the property of such former spouse. 

20 ‘‘(B) The amount of an annuity payable under 

21 paragraph (1) or (2) shall be computed under sec22 tion 1451(c) of this title; however, the retired pay 

23 otherwise applicable with respect to such computa24 tion shall be reduced by an amount equal to the base 

25 amount that provides the basis for computing the 


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1 amount of an annuity payable to a former spouse 

2 under paragraph (3) of this subsection.’’. 

3 (2) EFFECTIVE DATE.—The amendments made by 

4 paragraph (1) shall apply with respect to survivors of per5 sons eligible to elect Reserve component annuity retire6 ment-eligible members who die on or after the date of en7 actment of this Act. 

8 SEC. 624. SURVIVOR BENEFIT PLAN: FINANCIAL RESPONSI9 BILITY FOR SURVIVOR BENEFIT PLAN PAR10 TICIPATION. 

11 (a) SPOUSE AND FORMER SPOUSE ANNUITIES.—Sec12 tion 1452(a) of title 10, United States Code, is amended— 

13 (1) in paragraph (1), by inserting ‘‘paragraph 

14 (6) of this subsection or’’ after ‘‘Except as provided 

15 in’’; and 

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

17 paragraph: 

18 ‘‘(6) COURT ORDER.—If a court order requires 

19 the former spouse to pay all or a part of the costs 

20 associated with providing an annuity to the former 

21 spouse, the participant’s retired pay shall not be re22 duced by the portion that the former spouse is re23 quired to pay. The portion of Plan costs that a 

24 former spouse is required to pay pursuant to a 

25 Court order under this paragraph must either be 


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1 paid by direct remittance or as a deduction from the 

2 former spouse’s share of the member’s retired pay 

3 that is received by direct payment pursuant to sec4 tion 1408 of this title.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 this section shall apply with respect to divorces, dissolu7 tions, annulments, or legal separations that become effec8 tive after the end of the 90-day period beginning on the 

9 date of enactment of this Act. 

10 SEC. 625. SURVIVOR BENEFIT PLAN: PRESUMPTIVE PRO11 PORTIONATE SHARE. 

12 (a) PRESUMPTIVE BASE AMOUNT FOR FORMER

13 SPOUSE.—Section 1447(6) of title 10, United States 

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

15 subparagraph: 

16 ‘‘(D) PRESUMPTIVE PROPORTIONATE

17 AMOUNT FOR FORMER SPOUSE.—In the case of 

18 an annuity provided under the Plan for a 

19 former spouse, unless otherwise agreed to by 

20 the member and former spouse or ordered by a 

21 court, such term means any amount of monthly 

22 retired pay, which is not less than $300, pay23 able to such former spouse as a result of a 

24 court treating disposable retired pay of a memVerDate Aug 31 2005 21:36 Apr 18, 2008 Jkt 069200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.IH H5658

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1 ber as the property of the member and his 

2 spouse under the authority of section 1408(c).’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to divorces, dissolu5 tions, annulments, and legal separations that become ef6 fective after the end of the 90-day period beginning on 

7 the date of enactment of this Act. 

8 SEC. 626. REVOCATION OF TEN-YEAR RULE FOR DIRECT 

9 PAYMENT OF RETIRED PAY. 

10 (a) REVOCATION OF TEN-YEAR RULE.—Section 

11 1408(d) of title 10, United States Code, is amended— 

12 (1) by striking paragraph (2); and 

13 (2) by redesignating paragraphs (3) through 

14 (7) as paragraphs (2) through (6), respectively. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on the first day of the first 

17 month which begins more than 120 days after the date 

18 of enactment of this Act and shall apply only to payments 

19 of retired pay for periods beginning on or after the effec20 tive date of this section in the case of any former spouse 

21 of a member or former member of the uniformed services. 

22 SEC. 627. ALLOWING MEMBER TO SUBMIT APPLICATION 

23 FOR DIRECT PAYMENT. 

24 (a) PERMIT APPLICATION FOR DIRECT PAYMENT BY

25 MEMBER.—Section 1408(d) of title 10, United States 


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1 Code, is amended in the first sentence of paragraph (1) 

2 by inserting ‘‘by a member or former member or the 

3 spouse or former spouse of such member’’ after ‘‘the Sec4 retary concerned’’. 

5 (b) CONDITIONS FOR DIRECT PAYMENT.—Section 

6 1408(d) of such title is further amended by adding at the 

7 end the following new paragraph: 

8 ‘‘(8) A former spouse who accepts payment 

9 shall be deemed— 

10 ‘‘(A) to have consented and agreed to the 

11 recovery of any future overpayments, including 

12 recovery by involuntary collection from the 

13 former spouse or his or her estate; and 

14 ‘‘(B) to have agreed to give prompt notice 

15 in writing to the Secretary if— 

16 ‘‘(i) the operative court order upon 

17 which payment is based is vacated, modi18 fied, or set aside; 

19 ‘‘(ii) the former spouse remarries, if 

20 all or a part of the payment is for alimony; 

21 or 

22 ‘‘(iii) the former spouse is ineligible 

23 for child support payments due to the 

24 death, emancipation, adoption, or attain25 ment of majority of a child whose support 


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1 is provided through direct payment to a 

2 former spouse from retired pay.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to applications for direct payment 

5 of retired pay submitted to the Secretary concerned after 

6 the end of the 90-day period beginning on the date of en7 actment of this Act. 

8 SEC. 628. DISREGARD PERIODS OF CONFINEMENT FOR DE9 PENDENT VICTIMS OF ABUSE. 

10 (a) DISREGARD PERIODS OF CONFINEMENT FOR DE11 PENDENT VICTIMS OF ABUSE.—Paragraph (2)(A) of sec12 tion 1408(h) of title 10, United States Code, is amended 

13 by inserting ‘‘(including any periods of confinement served 

14 prior to convening authority action on the record of trial 

15 related to the misconduct that resulted in the termination 

16 of eligibility to receive retired pay)’’ after ‘‘on the basis 

17 of years of service’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall be effective as of October 23, 1992, 

20 as if included in section 1408(h) of title 10, United States 

21 Code, as enacted by section 653(a)(2) of the National De22 fense Authorization Act for Fiscal Year 1993 (Public Law 

23 102–484). 


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1 SEC. 629. CLARIFYING AMENDMENT REGARDING JURISDIC2 TION FOR PURPOSES OF ALLOCATION OF RE3 TIRED PAY UNDER THE UNIFORMED SERV4 ICES FORMER SPOUSE PROTECTION ACT. 

5 Section 1408(c) of title 10, United States Code, is 

6 amended by striking paragraph (4). 

7 SEC. 630. DIVISION OF RETIRED PAY TO BE BASED ON MEM8 BER’S LENGTH OF SERVICE AND PAY GRADE 

9 AT TIME OF DIVORCE. 

10 (a) IN GENERAL.—Section 1408(c) of title 10, 

11 United States Code, is amended by adding at the end the 

12 following new paragraph: 

13 ‘‘(5) In the case of a member as to whom a de14 cree of divorce, dissolution, annulment, or legal sepa15 ration becomes final before the date on which the 

16 member begins to receive retired pay, the total 

17 monthly retired pay to which a member is entitled, 

18 for purposes of determining ‘disposable retired pay’, 

19 as defined in paragraph (4) of subsection (a), that 

20 a court may treat in the manner described in para21 graph (1), shall be limited to retired pay computed 

22 based on the pay grade, and the length of service of 

23 the member while married, that are creditable to24 ward entitlement to basic pay and to retired pay as 

25 of the date a marital property interest in retired pay 

26 terminates. Amounts so calculated shall be increased 


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1 by the cumulative percentage of increases in basic 

2 pay and retired pay between the date a marital 

3 property interest in retired pay terminates and the 

4 effective date of the member’s retirement. Upon re5 quest and pursuant to regulations, the Secretary 

6 concerned shall calculate disposable retired pay de7 scribed in this paragraph.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) shall apply with respect to divorces, dissolu10 tions, annulments, and legal separations that become ef11 fective after the end of the 90-day period beginning on 

12 the date of enactment of this Act. 

13 SEC. 631. INCREASES FOR DIVISIONS OF RETIRED PAY EX14 PRESSED AS A DOLLAR AMOUNT. 

15 (a) MONETARY AMOUNT ADJUSTMENT.—Section 

16 1408(a)(2)(C) of title 10, United States Code, is amended 

17 by striking ‘‘expressed in dollars’’ and inserting ‘‘ex18 pressed as a specific dollar amount, with such amount, 

19 if so ordered, being adjusted in the same manner and at 

20 the same time as retired pay is adjusted to reflect changes 

21 in the Consumer Price Index under section 1401a of this 

22 title,’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 subsection (a) shall apply with respect to court orders that 


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1 become effective after the end of the 90-day period begin2 ning on the date of enactment of this Act. 

3 SEC. 632. ALLOW MEMBER TO WAIVE NOTICE AND PROVIDE 

4 COURT ORDER UPON REQUEST. 

5 (a) ALLOW MEMBER TO WAIVE NOTICE AND PRO6 VIDE COURT ORDER UPON REQUEST.—Section 1408(g) 

7 of title 10, United States Code, is amended— 

8 (1) by striking ‘‘A person’’ and inserting ‘‘Un9 less notice is waived by the member, a person’’; and 

10 (2) by striking ‘‘(together with a copy of such 

11 order)’’ and inserting ‘‘and, upon request, a copy of 

12 such order’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to court orders received by the Sec15 retary concerned after the end of the 90-day period begin16 ning on the date of enactment of this Act. 

17 Subtitle D—Other Matters 

18 SEC. 641. FAMILY PET SHIPMENT DURING EVACUATION OF 

19 NON-ESSENTIAL PERSONNEL. 

20 Section 406(b)(1) of title 37, United States Code, is 

21 amended by adding at the end the following new subpara22 graph: 

23 ‘‘(H) Except as provided in paragraph (2), 

24 in connection with an evacuation from a perma25 nent station located in a foreign area, a memVerDate Aug 31 2005 21:36 Apr 18, 2008 Jkt 069200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.IH H5658

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1 ber is entitled to transportation of no more 

2 than two family household pets (to include ship3 ment and the payment of quarantine costs, if 

4 any). Alternatively, the member may be paid re5 imbursement or a monetary allowance under 

6 subparagraph (F) if other commercial transpor7 tation means have been used. Exotic pets, en8 dangered species, horses or livestock, or large 

9 pets weighing in excess of 150 pounds are not 

10 authorized.’’. 

11 TITLE VII—HEALTH CARE 

12 PROVISIONS 

13 Subtitle A—TRICARE Program 

14 Improvements 

15 SEC. 701. REVISING TRICARE PROGRAM COST SHARING 

16 AMOUNTS. 

17 (a) AUTHORITY.—Section 1086(b) of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new paragraph: 

20 ‘‘(5) Notwithstanding paragraphs (1) through 

21 (4), the Secretary of Defense shall promulgate regu22 lations to revise the requirements for payments by 

23 beneficiaries under this subsection in order to reflect 

24 increases in health care costs. Such requirements, 

25 which may include a revised deductible amount, an 


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1 enrollment fee, and future indexing, need not be uni2 form for all such beneficiaries. Any such enrollment 

3 fee may be a condition of eligibility for health care 

4 benefits under chapter 55 of this title.’’. 

5 (b) IMPLEMENTATION.—The Secretary of Defense 

6 shall promulgate the regulations required by section 

7 1086(b)(5) of title 10, United States Code, as added by 

8 subsection (a), after first considering the recommenda9 tions of the Task Force on the Future of Military Health 

10 Care regarding the beneficiary and Government cost shar11 ing structure required to sustain military health benefits 

12 over the long term, as required by subsection (c)(3)(H) 

13 of section 711 of the John Warner National Defense Au14 thorization Act for Fiscal Year 2007 (Public Law 109– 

15 364; 120 Stat. 2083). The regulations shall become effec16 tive not later than 90 days after the date of enactment 

17 of this Act. The Secretary shall submit the regulations, 

18 and a report describing the rationale for the changes pro19 mulgated, to the Committees on Armed Services of the 

20 Senate and House of Representatives at least 30 days be21 fore such regulations become effective. 


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1 SEC. 702. CHANGES IN PAYMENT OPTIONS FOR TRICARE 

2 PRIME. 

3 (a) MONTHLY DEDUCTIONS.—Section 1097a(c) of 

4 title 10, United States Code, is amended to read as fol5 lows: 

6 ‘‘(c) ENROLLMENT FEE PAYMENTS.—The Secretary 

7 of Defense shall establish procedures for the collection of 

8 enrollment fees charged for an enrollment in TRICARE 

9 Prime to a member or former member of the uniformed 

10 services eligible for medical care under section 1074(b) of 

11 this title from the member’s retired pay, retainer pay, or 

12 equivalent pay, as the case may be. To the maximum ex13 tent practicable, the enrollment fee payable by a member 

14 entitled to such pay shall be deducted and withheld from 

15 the retired pay of the member (if pay is available to the 

16 member).’’. 

17 (b) CHARGES FOR HEALTH CARE.—Section 1097(e) 

18 of such title is amended by striking ‘‘shall permit such 

19 covered beneficiaries to pay, on a quarterly basis,’’ and 

20 inserting ‘‘may permit such covered beneficiaries whose re21 tired pay, retainer pay, or equivalent pay, as the case may 

22 be, is insufficient for them to pay enrollment fees by de23 duction from such pay as specified in section 1097a of 

24 this title to pay, in full at the beginning of the enrollment 

25 period or on a quarterly basis, by check, money order, 

26 credit card, or electronic funds transfer’’. 


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1 SEC. 703. OBSTETRICAL TRAVEL FOR COMMAND-SPON2 SORED DEPENDENTS OF UNIFORMED MEM3 BERS ASSIGNED TO VERY REMOTE AREAS 

4 OUTSIDE THE CONTINENTAL UNITED STATES. 

5 Section 1040 of title 10, United States Code, is 

6 amended— 

7 (1) in subsection (a), by inserting ‘‘, and sub8 ject to subsection (e)’’ after ‘‘subsection (b)’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(e) With respect to the provision of obstetrical care, 

12 appropriate medical attention includes the availability or 

13 provision of obstetrical anesthesia equal to the services 

14 available in a Military Treatment Facility located in the 

15 United States. If these services are not available in remote 

16 areas outside the continental United States and air trans17 portation would be needed to travel to the nearest appro18 priate medical facility in which adequate medical care is 

19 available, then the Secretary may authorize the beneficiary 

20 to choose to receive transportation to the continental 

21 United States and be treated at a Military Treatment Fa22 cility, that can provide appropriate obstetrical services, 

23 nearest to the closest port of entry into the continental 

24 United States. All other benefits of subsection (a) shall 

25 apply, provided that the United States shall incur no 

26 greater cost than would be incurred in connection with 


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1 transportation (including per diem) to the nearest appro2 priate medical facility in which adequate medical care is 

3 available outside the continental United States.’’. 

4 Subtitle B—Other Matters 

5 SEC. 711. MENTAL HEALTH EVALUATIONS OF MEMBERS OF 

6 THE ARMED FORCES BY MASTERS-LEVEL 

7 CLINICAL SOCIAL WORKERS WITH AN INDE8 PENDENT LICENSE. 

9 Section 546(g)(3) of the National Defense Authoriza10 tion Act for Fiscal Year 1993 (Public Law 102–484; 106 

11 Stat. 2419), is amended by striking ‘‘doctorate’’ and in12 serting ‘‘license’’. 

13 TITLE VIII—ACQUISITION POL14 ICY, ACQUISITION MANAGE15 MENT, AND RELATED MAT16 TERS 

17 Subtitle A—Provisions Relating to 

18 Major Defense Acquisition Pro19 grams 

20 SEC. 811. UNMANNED SYSTEMS. 

21 Section 941 of the John Warner National Defense 

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

23 364; 120 Stat. 2083) is amended— 

24 (1) by amending subsection (a) to read as fol25 lows: 


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1 ‘‘(a) The Department of Defense shall develop a pol2 icy, to be applicable throughout the Department of De3 fense on research, development, test and evaluation, and 

4 procurement, of unmanned systems in a manner that is 

5 fiscally responsible and enhances war fighter capability.’’; 

6 (2) in subsection (b)— 

7 (A) by amending paragraph (1) to read as 

8 follows: 

9 ‘‘(1) An identification of Joint Capability Areas 

10 in which unmanned systems can potentially provide 

11 the means to address potential capability gaps.’’; 

12 (B) by amending paragraph (2) to read as 

13 follows: 

14 ‘‘(2) Deliberate consideration of unmanned sys15 tems as potential candidates for acquisition when a 

16 materiel solution has been deemed appropriate for 

17 satisfying a capability requirement.’’; and 

18 (C) in paragraph (5), by striking ‘‘, includ19 ing’’ and all that follows through ‘‘systems’’; 

20 and 

21 (3) by amending subsection (d) to read as fol22 lows: 

23 ‘‘(d) ROADMAP.—The Department of Defense shall 

24 develop and implement a roadmap that includes— 


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1 ‘‘(1) goals for the development of unmanned 

2 system technologies to address capabilities identified 

3 pursuant to subsection (b)(1); and 

4 ‘‘(2) the establishment of programs to address 

5 technical, operational, and production challenges, 

6 and gaps in capabilities, with respect to unmanned 

7 systems.’’. 

8 SEC. 812. ADDITION OF DESIGNATED MAJOR SUBPRO9 GRAMS TO MAJOR DEFENSE ACQUISITION 

10 PROGRAMS. 

11 Title 10, United States Code, is amended— 

12 (1) in section 2430— 

13 (A) by redesignating subsection (b) as sub14 section (c); and 

15 (B) by inserting after subsection (a) the 

16 following new subsection (b): 

17 ‘‘(b) The Secretary of Defense may further designate 

18 a major subprogram of a major defense acquisition pro19 gram whenever such further designation is deemed appro20 priate for the purposes of acquisition reporting.’’; 

21 (2) in section 2432— 

22 (A) in subsection (a)— 

23 (i) in paragraph (1)— 

24 (I) by inserting ‘‘or designated 

25 major subprogram of a major defense 


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1 acquisition program’’ after ‘‘with re2 spect to a major defense acquisition 

3 program’’; and 

4 (II) by inserting ‘‘or designated 

5 major subprogram’’ after ‘‘the acqui6 sition program’’ each place it appears; 

7 and 

8 (ii) in paragraph (2), by inserting ‘‘or 

9 designated major subprogram’’ after 

10 ‘‘major defense acquisition program’’ each 

11 place it appears; 

12 (B) in subsection (c)(1), by inserting ‘‘or 

13 designated major subprogram’’ after ‘‘major de14 fense acquisition program’’ each places it ap15 pears; and 

16 (C) in subsection (e), by inserting ‘‘or des17 ignated major subprogram’’ after ‘‘major de18 fense acquisition program’’; 

19 (3) in section 2433— 

20 (A) in subsection (a)— 

21 (i) in paragraph (2), by striking ‘‘in22 cluded in the baseline description of the 

23 program’’ and inserting ‘‘included in the 

24 baseline description of the program or de25 signed major subprogram’’; 


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1 (ii) in paragraph (4), by striking 

2 ‘‘major defense acquisition program’’ and 

3 inserting ‘‘major defense acquisition pro4 gram or designated major subprogram’’; 

5 and 

6 (iii) in paragraph (5), by striking 

7 ‘‘major defense acquisition program’’ and 

8 inserting ‘‘major defense acquisition pro9 gram or designated major subprogram’’; 

10 (B) in subsection (c), by striking ‘‘program 

11 acquisition unit cost for the program or the 

12 procurement unit cost for the program’’ and in13 serting ‘‘program acquisition unit cost for the 

14 program or designated major subprogram or 

15 the procurement unit cost for the program or 

16 designated subprogram,’’; 

17 (C) in subsection (d)— 

18 (i) in paragraph (1), by striking ‘‘with 

19 respect to a program’’ and inserting ‘‘with 

20 respect to a major defense acquisition pro21 gram or designated major subprogram,’’; 

22 (ii) in paragraph (2), by striking 

23 ‘‘with respect to a program’’ and inserting 

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1 tion program or designated major subpro2 gram,’’; and 

3 (iii) in paragraph (3), by striking 

4 ‘‘with respect to such program’’ and insert5 ing ‘‘with respect to such major defense 

6 acquisition program or designated major 

7 subprogram’’; 

8 (D) in subsection (e)— 

9 (i) in paragraph (1), by striking 

10 ‘‘major defense acquisition program’’ and 

11 inserting ‘‘major defense acquisition pro12 gram or designated major subprogram’’; 

13 and 

14 (ii) in paragraph (2), by striking 

15 ‘‘major defense acquisition program’’ and 

16 inserting ‘‘major defense acquisition pro17 gram or designated major subprogram’’; 

18 and 

19 (E) in subsection (g)(1)— 

20 (i) in subparagraph (F), by inserting 

21 before the period at the end the following: 

22 ‘‘for each program and designated major 

23 subprogram’’; and 

24 (ii) in subparagraph (K), by inserting 

25 before the period at the end the following: 


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1 ‘‘for each program and designated major 

2 subprogram’’; and 

3 (4) in section 2435— 

4 (A) in subsection (a)(1), by striking 

5 ‘‘major defense acquisition program under the 

6 jurisdiction of such Secretary’’ and inserting 

7 ‘‘major defense acquisition program or des8 ignated major subprogram of a major defense 

9 acquisition program under the jurisdiction of 

10 such Secretary, heretofore referred to as the 

11 program’’; 

12 (B) in subsection (c)— 

13 (i) by inserting ‘‘(1)’’ before ‘‘A base14 line’’; 

15 (ii) by redesignating paragraphs (1), 

16 (2), and (3) as subparagraphs (A), (B), 

17 and (C), respectively; and 

18 (iii) in paragraph (1), as redesignated 

19 by clause (ii), by striking ‘‘major defense 

20 acquisition program’’ and inserting ‘‘major 

21 defense acquisition program or major des22 ignated subprogram’’; 

23 (C) in subsection (d)— 

24 (i) in paragraph (1), by striking 

25 ‘‘major defense acquisition program’’ and 


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1 inserting ‘‘major defense acquisition pro2 gram or major subprogram of a major de3 fense acquisition program’’; 

4 (ii) in paragraph (2), by striking 

5 ‘‘major defense acquisition program’’ and 

6 inserting ‘‘major defense acquisition pro7 gram or designated major subprogram’’; 

8 and 

9 (iii) in paragraph (3), by striking 

10 ‘‘major defense acquisition program’’ and 

11 inserting ‘‘major defense acquisition pro12 gram or designated major subprogram’’; 

13 and 

14 (D) in subsection (e)(2)— 

15 (i) by striking ‘‘program manager for 

16 a program’’ and inserting ‘‘or program 

17 manager for a program or designated 

18 major subprogram’’; and 

19 (ii) by striking ‘‘any other factor of 

20 the program’’ and inserting ‘‘any other 

21 factor of the program or designed major 

22 subprogram’’. 


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1 Subtitle B—Amendments to Gen2 eral Contracting Authorities, 

3 Procedures, and Limitations 

4 SEC. 821. MODIFICATION OF AUTHORITY TO ACCEPT FI5 NANCIAL AND OTHER INCENTIVES RELATED 

6 TO ENERGY SAVINGS AND SIMILAR NEW AU7 THORITY RELATED TO ENERGY SYSTEMS. 

8 (a) ENERGY SAVINGS.—Section 2913(c) of title 10, 

9 United States Code, is amended by inserting ‘‘, State or 

10 local government’’ after ‘‘gas or electric utility’’. 

11 (b) ENERGY SYSTEMS.—Section 2915 of such title 

12 is amended by adding at the end the following new sub13 section: 

14 ‘‘(f) ACCEPTANCE OF FINANCIAL INCENTIVE, FINAN15 CIAL ASSISTANCE, OR SERVICES.—The Secretary of De16 fense may authorize any military installation to accept any 

17 financial incentive, financial assistance, or services gen18 erally available from a State or local government, gas or 

19 electric utility, to use or construct an energy system using 

20 solar energy or other renewable form of energy if the use 

21 or construction of the system is consistent with the energy 

22 performance goals and energy performance plan for the 

23 Department of Defense developed under section 2911 of 

24 this title.’’. 


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1 Subtitle C—Other Matters 

2 SEC. 831. APPLICABILITY OF THE RESTRICTION ON SPE3 CIALTY METALS. 

4 (a) IN GENERAL.—Section 2533b(k) of title 10, 

5 United States Code, is amended to read as follows: 

6 ‘‘(k) NATIONAL SECURITY EXCEPTION.—Subsection 

7 (a) does not apply to procurements for which the Sec8 retary of Defense or the Secretary of the military depart9 ment concerned determines in writing that an exception 

10 is in the national security interest of the United States.’’. 

11 (b) CONFORMING AMENDMENT.—Subsection (a) of 

12 such section is amended by striking ‘‘(j)’’ and inserting 

13 ‘‘(k)’’. 

14 SEC. 832. REPEAL OF THE MILITARY SYSTEM BREAKOUT 

15 LIST. 

16 Section 813 of the National Defense Authorization 

17 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

18 1543) is repealed. 


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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 Subtitle A—Department of Defense 

5 Management 

6 SEC. 901. PERMANENT AUTHORITY TO ACCEPT GIFTS TO 

7 BENEFIT MEMBERS OF THE ARMED FORCES 

8 AND DEPARTMENT OF DEFENSE EMPLOYEES 

9 INJURED OR KILLED IN LINE OF DUTY AND 

10 THEIR DEPENDENTS. 

11 Section 2601(b) of title 10, United States Code, is 

12 amended by striking paragraph (4). 

13 SEC. 902. MODIFICATION OF PROCEDURES TO PRESERVE 

14 THE SEARCH AND RESCUE CAPABILITIES OF 

15 THE FEDERAL GOVERNMENT CONSISTENT 

16 WITH MILITARY REQUIREMENTS. 

17 Section 1085 of the Ronald W. Reagan National De18 fense Authorization Act for Fiscal Year 2005 (Public Law 

19 108–375; 118 Stat. 2065) is amended— 

20 (1) in the matter before paragraph (1)— 

21 (A) by striking ‘‘capabilities at any mili22 tary installation’’ and inserting ‘‘units at any 

23 military installation’’; 

24 (B) by striking ‘‘equivalent’’ and inserting 

25 ‘‘adequate’’; and 


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1 (C) By striking ‘‘by—’’ and inserting ‘‘by 

2 one or a combination of—’’; 

3 (2) by striking ‘‘or’’ at the end of paragraph 

4 (1); 

5 (3) in paragraph (2)— 

6 (A) by inserting ‘‘, through active-duty, 

7 Reserve component, or National Guard assets,’’ 

8 after ‘‘directly’’; and 

9 (B) by striking the period at the end and 

10 inserting ‘‘; or’’; and 

11 (4) by adding at the end the following new 

12 paragraph: 

13 ‘‘(3) State and local government agencies in the 

14 relevant area.’’. 

15 SEC. 903. REPEAL OF PERSONNEL LIMITATIONS ON OFFICE 

16 OF THE SECRETARY OF DEFENSE, DEFENSE 

17 AGENCIES, DOD FIELD ACTIVITIES, AND MILI18 TARY DEPARTMENT HEADQUARTERS. 

19 (a) REPEAL.—(1) Sections 143 and 194 of title 10, 

20 United States Code, are repealed. 

21 (2) The table of sections at the beginning of 

22 chapter 4 of such title is amended by striking the 

23 item relating to section 143. 


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1 (3) The table of sections at the beginning of 

2 subchapter I of chapter 8 of such title is amended 

3 by striking the item relating to section 194. 

4 (b) REMOVAL OF PERSONNEL LIMITATIONS FROM

5 MILITARY DEPARTMENT HEADQUARTERS ACTIVITIES.— 

6 Sections 3014, 5014, and 8014 of such title are amended 

7 by striking subsection (f). 

8 (c) CONSTRUCTION.—Nothing in this section is in9 tended to diminish the authorities of the Secretary of De10 fense and the Director of National Intelligence as set out 

11 in section 102A of the National Security Act of 1947 (50 

12 U.S.C. 403–1) with respect to— 

13 (1) the development, determination, and man14 agement of the annual budgets of the Joint Military 

15 Intelligence Program and the National Intelligence 

16 Program; and 

17 (2) the role of the Director of National Intel18 ligence in the transfer and reprogramming of funds 

19 or personnel. 


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1 Subtitle B—Chemical 

2 Demilitarization Program 

3 SEC. 911. CHEMICAL DEMILITARIZATION CITIZENS’ ADVI4 SORY COMMISSION IN COLORADO AND KEN5 TUCKY. 

6 Section 172 of the National Defense Authorization 

7 Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 

8 2341) is amended by adding at the end the following new 

9 subsection: 

10 ‘‘(i) COLORADO AND KENTUCKY CHEMICAL DEMILI11 TARIZATION CITIZENS ADVISORY COMMISSIONS.—Not12 withstanding subsections (b), (f), and (g), and consistent 

13 with the Strom Thurmond National Defense Authoriza14 tion Act for Fiscal Year 1999 (Public Law 105–261; 112 

15 Stat. 1920) and the Department of Defense Appropria16 tions Act, 2003 (Public Law 107–248; 116 Stat. 1519), 

17 responsibilities for the Chemical Demilitarization Citizens 

18 Advisory Commissions in Colorado and Kentucky will be 

19 transferred from the Secretary of the Army to the Pro20 gram Manager for Assembled Chemical Weapons Alter21 natives. The Program Manager for Assembled Chemical 

22 Weapons Alternatives will ensure the ability to receive cit23 izen and State concerns regarding the ongoing chemical 

24 destruction program in these States. A representative 

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1 fense for Nuclear, Chemical, and Biological Defense Pro2 grams will meet with these commissions not less often 

3 than twice a year. Funds appropriated for the Assembled 

4 Chemical Weapons Alternatives Program will be used for 

5 travel and associated travel cost for these Citizens’ Advi6 sory Commissioners, when such travel is conducted at the 

7 invitation of the Department of Defense Special Assistant 

8 for Chemical and Biological Defense and Chemical Demili9 tarization Programs.’’. 

10 SEC. 912. MODIFY THE TERMINATION REQUIREMENTS FOR 

11 ASSISTANCE TO STATE AND LOCAL GOVERN12 MENTS UNDER THE CHEMICAL STOCKPILE 

13 EMERGENCY PREPAREDNESS PROGRAM. 

14 Subparagraph (B) of section 1412(c)(5) of the De15 partment of Defense Authorization Act, 1986 (Public Law 

16 99–145; 99 Stat. 748; 50 U.S.C. 1521), as amended, is 

17 further amended to read as follows: 

18 ‘‘(B) Assistance may be provided under 

19 this paragraph until all activities associated 

20 with the close-out of grants and cooperative 

21 agreements provided pursuant to subparagraph 

22 (A) between the Federal Emergency Manage23 ment Agency and State and local governments 

24 are complete, but such assistance may not be 

25 provided after 6 months from the date agent 


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1 destruction operations have been completed in 

2 such jurisdiction.’’. 

3 SEC. 913. QUALIFICATIONS CHANGE FOR THE DIRECTOR 

4 OF THE U.S. ARMY CHEMICAL MATERIALS 

5 AGENCY. 

6 Section 1412(e)(3) of the Department of Defense Au7 thorization Act, 1986 (Public Law 99–145; 50 U.S.C. 

8 1521(e)(3)), as amended by section 153(c) of the National 

9 Defense Authorization Act for Fiscal Year 1996 (Public 

10 Law 104–106; 110 Stat. 216), is amended— 

11 (1) by inserting ‘‘and shall prescribe qualifica12 tions’’ before the period at the end of the first sen13 tence; and 

14 (2) by striking the second sentence. 

15 TITLE X—GENERAL PROVISIONS 

16 Subtitle A—Financial Matters 

17 SEC. 1001. INCREASE LIMITATION ON ADVANCE BILLING OF 

18 WORKING CAPITAL FUND CUSTOMERS. 

19 Section 2208(l)(3) of title 10, United States Code, 

20 is amended by striking ‘‘$1,000,000,000’’ and inserting 

21 ‘‘$2,000,000,000’’. 


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1 SEC. 1002. CREDITING OF ADMIRALTY CLAIM RECEIPTS 

2 FOR DAMAGE TO DOD WORKING CAPITAL 

3 FUND ACCOUNT PROPERTY. 

4 Section 7623(b) of title 10, United States Code, is 

5 amended by striking the last sentence and inserting the 

6 following new sentence: ‘‘Amounts received under this sec7 tion shall be covered into the Treasury as miscellaneous 

8 receipts, except that amounts received for damage or loss 

9 to property operated and maintained with funds from a 

10 Department of Defense working capital fund account shall 

11 be credited to that account.’’. 

12 SEC. 1003. REFINED PETROLEUM PRODUCTS, MARGINAL 

13 EXPENSE TRANSFER ACCOUNT. 

14 (a) IN GENERAL.—Chapter 131 of title 10, United 

15 States Code, is amended by inserting after section 2228 

16 the following new section: 

17 ‘‘§ 2228a. Refined petroleum products, marginal ex18 pense transfer account 

19 ‘‘(a) ACCOUNT.—There is established in the Treasury 

20 the ‘Refined Petroleum Products, Marginal Expense 

21 Transfer Account’ (‘Transfer Account’). During any fiscal 

22 year, amounts in the Transfer Account shall be available 

23 without further appropriation to pay the marginal costs 

24 needed to purchase up to the quantity of refined petroleum 

25 products specified in the fiscal year budget request for use 

26 by Department of Defense entities for such year. 


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1 ‘‘(b) CALCULATION OF MARGINAL COSTS.—Marginal 

2 costs shall be calculated as the difference between the ac3 tual market prices paid by the Department of Defense for 

4 the refined petroleum products in a fiscal year and the 

5 prices specified for the purchase of such products in the 

6 President’s budget for that year. 

7 ‘‘(c) TRANSFER OF FUNDS.—(1) During the course 

8 of any fiscal year, amounts sufficient to pay the marginal 

9 costs under subsection (a) shall be transferred from the 

10 Transfer Account to the Defense-Wide Working Capital 

11 Fund. 

12 ‘‘(2) To the extent that the price specified for the 

13 purchase of refined petroleum products in the President’s 

14 budget submission for a fiscal year exceed the actual mar15 ket prices paid by the Department for such products pur16 chased in that year, the difference in price shall be trans17 ferred from the Defense-Wide Working Capital Fund to 

18 the Transfer Fund and such amounts shall be cancelled. 

19 ‘‘(3) The transfer of such additional amount needed, 

20 amounts not needed through August, and an estimate for 

21 September should be transferred before the end of the fis22 cal year, with a final accounting and transfer within 60 

23 days after the end of the fiscal year. 


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1 ‘‘(4) The transfer authority provided by this section 

2 is in addition to any other transfer authority available to 

3 the Department of Defense. 

4 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is appropriated to the Transfer Account such sums as may 

6 be necessary to carry out this section.’’. 

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

8 at the beginning of such chapter is amended by inserting 

9 after the item relating to section 2228 the following new 

10 item: 

‘‘2228a. Refined petroleum products, marginal expense transfer account.’’. 

11 Subtitle B—Policy Relating to 

12 Vessels and Shipyards 

13 SEC. 1011. TEMPORARY WAIVER OF THE MINIMUM AIR14 CRAFT CARRIER REQUIREMENT. 

15 Section 5062(b) of title 10, United States Code, is 

16 amended by inserting after the first sentence the following 

17 new sentence: ‘‘Notwithstanding the preceding sentence or 

18 any other provision of law, the naval combat forces of the 

19 Navy may include less than 11 operational aircraft car20 riers for the period of time between the decommissioning 

21 of the USS ENTERPRISE (CVN 65) and the commis22 sioning of the CVN 78.’’. 


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1 SEC. 1012. CLARIFICATION OF STATUS OF GOVERNMENT 

2 RIGHTS IN THE DESIGNS OF DEPARTMENT 

3 OF DEFENSE VESSELS, BOATS, CRAFT, AND 

4 COMPONENTS THEREOF. 

5 (a) IN GENERAL.—Chapter 633 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 7317. Status of Government rights in the designs of 

9 vessels, boats, craft, and components 

10 thereof 

11 ‘‘Notwithstanding any other provision of law, Govern12 ment rights in the design of a vessel, boat, or craft, and 

13 its components, including the hull, decks, superstructure, 

14 and all shipboard equipment and systems, shall be deter15 mined solely by operation of section 2320 of this title or 

16 by the instrument under which the design was developed 

17 for the Government.’’. 

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

19 at the beginning of such chapter is amended by adding 

20 at the end the following new item: 

‘‘7317. Status of Government rights in the designs of vessels, boats, craft, and 

components thereof.’’. 

21 SEC. 1013. RIDING GANG MEMBER REQUIREMENTS. 

22 (a) IN GENERAL.—Section 1018 of the John Warner 

23 National Defense Authorization Act for Fiscal Year 2007 

24 (Public Law 109–364; 120 Stat. 2381) is amended— 


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1 (1) in subsection (a)— 

2 (A) by amending paragraph (1) to read as 

3 follows: 

4 ‘‘(1) IN GENERAL.—The Secretary of Defense 

5 may not award, renew, extend, or exercise an option 

6 to extend any charter of a vessel documented under 

7 chapter 121 of title 46, United States Code, for the 

8 Department of Defense, or any contract for the car9 riage of cargo by a vessel documented under that 

10 chapter for the Department of Defense, unless the 

11 charter or contract, respectively, includes provisions 

12 that allow riding gang members to perform work on 

13 the vessel during the effective period of the charter 

14 or contract only under terms, conditions, restric15 tions, and requirements as provided in section 8106 

16 of title 46, United States Code.’’; 

17 (B) by striking paragraphs (2) and (3); 

18 and 

19 (C) by redesignating paragraph (4) as 

20 paragraph (2); and 

21 (2) in subsection (b), by amending paragraph 

22 (1) to read as follows: 

23 ‘‘(1) IN GENERAL.—Pursuant to regulations 

24 issued by the Secretary of Defense, an individual— 


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1 ‘‘(A) who is aboard a vessel, which is 

2 under charter or contract for the carriage of 

3 cargo for the Department of Defense, for pur4 poses other than engaging in the operation or 

5 maintenance of the vessel; and 

6 ‘‘(B) who— 

7 ‘‘(i) accompanies, supervises, guards, 

8 or maintains unit equipment aboard a 

9 ship, commonly referred to as supercargo 

10 personnel; 

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 shall not be deemed a riding gang member for 

18 the purposes of title 46, United States Code.’’. 

19 (b) TECHNICAL AMENDMENTS.—Section 1018(a)(2), 

20 as redesignated in subsection (a), is amended by striking 

21 ‘‘8106’’ and inserting ‘‘2101’’. 

22 SEC. 1014. NAVY VESSEL MESS OPERATION: REIMBURSE23 MENT OF EXPENSES. 

24 (a) IN GENERAL.—The charge made pursuant to sec25 tion 1011 of title 37, United States Code, for meals sold 


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1 by messes for United States Naval and Naval Auxiliary 

2 vessels may be paid for out of amounts appropriated for 

3 operation and maintenance when meals are provided to— 

4 (1) members of nongovernmental organizations 

5 and officers or employees of host and foreign nations 

6 when participating in or providing support to United 

7 States civil-military operations; or 

8 (2) foreign national patients treated during 

9 United States conduct of civil-military operations 

10 and their escorts. 

11 (b) EXPIRATION OF AUTHORITY.—The authority to 

12 pay for meals under subsection (a) shall expire on Sep13 tember 30, 2010. 

14 Subtitle C—Counter-Drug 

15 Activities 

16 SEC. 1021. USE OF FUNDS FOR COUNTER-DRUG AND 

17 COUNTER-TERRORISM. 

18 Section 1022(b) of the National Defense Authoriza19 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

20 Stat. 1594), as amended by section 1021 of the National 

21 Defense Authorization Act for Fiscal Year 2008 (Public 

22 Law 110–181; 122 Stat. ll), is amended by striking 

23 ‘‘through 2008’’ and inserting ‘‘through 2009’’. 


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1 Subtitle D—Matters Related to 

2 Homeland Security 

3 SEC. 1031. RESERVE SUPPORT FOR RESPONSES TO CER4 TAIN EMERGENCIES. 

5 Section 12304(b) of title 10, United States Code, is 

6 amended— 

7 (1) by striking ‘‘or’’ at the end of paragraph 

8 (1); 

9 (2) by striking the period at the end of para10 graph (2) and inserting ‘‘; or’’; and 

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

12 paragraph: 

13 ‘‘(3) in the case of the Army Reserve, Navy Re14 serve, Air Force Reserve, Marine Corps Reserve, and 

15 the Coast Guard Reserve, a major disaster or emer16 gency as those terms are defined in section 5122 of 

17 title 42.’’. 

18 SEC. 1032. RESERVE SUPPORT TO MAJOR PUBLIC EMER19 GENCIES. 

20 Section 333 of title 10, United States Code, is 

21 amended by inserting ‘‘and order to active duty units or 

22 members of the Army Reserve, Navy Reserve, Air Force 

23 Reserve, Marine Corps Reserve, and Coast Guard Re24 serve,’’ after ‘‘Federal service,’’. 


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1 SEC. 1033. RESERVE SUPPORT TO ENFORCEMENT OF FED2 ERAL AUTHORITY. 

3 Section 332 of title 10, United States Code, is 

4 amended by inserting ‘‘order to active duty units or mem5 bers of the Army Reserve, Navy Reserve, Air Force Re6 serve, Marine Corps Reserve, and Coast Guard Reserve,’’ 

7 after ‘‘militia of any State,’’. 

8 SEC. 1034. RESERVE SUPPORT TO FEDERAL AID FOR STATE 

9 GOVERNMENTS. 

10 Section 331 of title 10, United States Code, is 

11 amended by inserting ‘‘order to active duty units or mem12 bers of the Army Reserve, Navy Reserve, Air Force Re13 serve, Marine Corps Reserve, and Coast Guard Reserve,’’ 

14 after ‘‘requested by that State,’’. 

15 SEC. 1035. PROCUREMENT OF EQUIPMENT BY STATE AND 

16 LOCAL GOVERNMENTS. 

17 (a) IN GENERAL.—Section 381 of title 10, United 

18 States Code, is amended— 

19 (1) in subsection (a)(1)— 

20 (A) in the matter preceding subparagraph 

21 (A)— 

22 (i) by striking ‘‘law enforcement’’; and 

23 (ii) by inserting ‘‘, homeland security, 

24 counter-terrorism, and emergency re25 sponse’’ after ‘‘counter-drug’’; 

26 (B) in subparagraph (A)— 


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1 (i) in the matter preceding clause (i), 

2 by inserting ‘‘, homeland security, counter3 terrorism, and emergency response’’ after 

4 ‘‘counter-drug’’; and 

5 (ii) in clause (i), by striking ‘‘law en6 forcement’’; 

7 (C) in subparagraph (C), by striking ‘‘law 

8 enforcement’’ each place it appears; and 

9 (D) in subparagraph (D), by striking ‘‘law 

10 enforcement’’; 

11 (2) in subsection (c)— 

12 (A) by striking ‘‘law enforcement’’; and 

13 (B) by inserting ‘‘, homeland security, 

14 counter-terrorism, and emergency response’’ 

15 after ‘‘counter-drug’’; and 

16 (3) in subsection (d)— 

17 (A) in paragraph (2), by inserting ‘‘or 

18 emergency response’’ after ‘‘law enforcement’’ 

19 both places it appears; and 

20 (B) in paragraph (3)— 

21 (i) by striking ‘‘law enforcement’’; 

22 (ii) by inserting ‘‘, homeland security, 

23 counter-terrorism, and emergency re24 sponse’’ after ‘‘counter-drug’’; and 


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1 (iii) by inserting ‘‘and, in the case of 

2 homeland security, may not include any 

3 equipment that is not found on the Au4 thorized Equipment List as published by 

5 the Department of Homeland Security’’ 

6 after ‘‘purposes’’. 

7 (b) CLERICAL AMENDMENTS.—(1) The heading of 

8 such section is amended to read as follows: 

9 ‘‘§ 381. Procurement by State and local governments 

10 of equipment suitable for counter-drug, 

11 homeland security, counter-terrorism, 

12 and emergency response activities 

13 through the Department of Defense’’. 

14 (2) The table of sections at the beginning of chapter 

15 18 of such title is amended by striking the item relating 

16 to section 381 and inserting the following new item: 

‘‘381. Procurement by State and local governments of equipment suitable for 

counter-drug, homeland security, counter-terrorism, and emergency response activities through the Department of Defense.’’. 

17 Subtitle E—Miscellaneous 

18 Authorities and Limitations 

19 SEC. 1041. MINIMUM ANNUAL PURCHASE AMOUNTS FOR 

20 AIRLIFT FROM CARRIERS PARTICIPATING IN 

21 THE CIVIL RESERVE AIR FLEET. 

22 (a) IN GENERAL.—Chapter 931 of title 10, United 

23 States Code, is amended by adding at the end the fol24 lowing new section: 


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1 ‘‘§ 9515. Airlift services: minimum annual purchase 

2 amount for carriers participating in Civil 

3 Reserve Air Fleet 

4 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

5 award to air carriers or air carrier contractor team ar6 rangements (carriers) participating in the Civil Reserve 

7 Air Fleet on a fiscal year basis a one-year contract for 

8 airlift services with a minimum purchase amount deter9 mined in accordance with this section. 

10 ‘‘(b) MINIMUM PURCHASE AMOUNT.—(1) The aggre11 gate amount of the minimum purchase amount for all con12 tracts awarded under subsection (a) for a fiscal year shall 

13 be based on forecast needs, but may not exceed the 

14 amount equal to 80 percent of the annual average expendi15 ture of the Department of Defense for commercial airlift 

16 during the five-fiscal year period ending in the fiscal year 

17 before the fiscal year for which such contracts are award18 ed. 

19 ‘‘(2) In calculating the annual average expenditure 

20 of the Department of Defense for airlift for purposes of 

21 paragraph (1), the Secretary of Defense shall omit from 

22 the calculation any fiscal year exhibiting unusually high 

23 demand for commercial airlift if the Secretary determines 

24 that the omission of such fiscal year from the calculation 

25 will result in a more accurate forecast of anticipated com26 mercial airlift for purposes of that paragraph. 


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1 ‘‘(3) The aggregate amount of the minimum purchase 

2 amount for all contracts awarded under subsection (a) for 

3 a fiscal year, as determined under paragraph (1), shall 

4 be allocated among all carriers awarded contracts under 

5 that subsection for such fiscal year in proportion to the 

6 commitments of such carriers to the Civil Reserve Air 

7 Fleet for such fiscal year. 

8 ‘‘(c) ADJUSTMENT TO MINIMUM PURCHASE AMOUNT

9 FOR PERIODS OF UNAVAILABILITY OF AIRLIFT.—In de10 termining the minimum purchase amount payable under 

11 a contract under subsection (a) for airlift provided by a 

12 carrier during the fiscal year covered by such contract, 

13 the Secretary of Defense may adjust the amount allocated 

14 to the carrier under subsection (b)(3) to take into account 

15 periods during such fiscal year when services of the carrier 

16 are unavailable for usage by the Department of Defense, 

17 including during periods of refused business or suspended 

18 operations or when the carrier is placed in nonuse status 

19 pursuant to section 2640 of this title for safety issues. 

20 ‘‘(d) DISTRIBUTION OF AMOUNTS.—If any amount 

21 available under this section for the minimum purchase of 

22 airlift from a carrier for a fiscal year under a contract 

23 under subsection (a) is not utilized to purchase airlift from 

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1 vided to the carrier before the first day of the following 

2 fiscal year. 

3 ‘‘(e) COMMITMENT OF FUNDS.—The Secretary of 

4 each military department shall transfer to the transpor5 tation working capital fund a percentage of the total 

6 amount anticipated to be required in such fiscal year for 

7 payment of minimum purchase amounts under all con8 tracts awarded under subsection (a) for such fiscal year 

9 equivalent to the percentage of the anticipated use of air10 lift by such military department during such fiscal year 

11 from all carriers under contracts awarded under sub12 section (a) for such fiscal year. All such amounts will be 

13 transferred by the last day of the fiscal year to meet the 

14 requirements of (d) above unless minimum purchase 

15 amounts have already been met by the Department. 

16 ‘‘(f) AVAILABILITY OF AIRLIFT.—(1) From the total 

17 amount of airlift available for a fiscal year under all con18 tracts awarded under subsection (a) for such fiscal year, 

19 a military department shall be entitled to obtain a percent20 age of such airlift equivalent to the percentage of the con21 tribution of the military department to the transportation 

22 working capital fund for such fiscal year under subsection 

23 (e). 

24 ‘‘(2) A military department may transfer any entitle25 ment to airlift under paragraph (1) to any other military 


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1 department or to any other agency, element, or component 

2 of the Department of Defense. 

3 ‘‘(g) ELIGIBILITY.—In order to be eligible for the 

4 higher minimal business guarantees authorized by this 

5 section, carriers must— 

6 ‘‘(1) have an average on-time pickup rate, 

7 based on factors within the air carrier’s control, of 

8 at least 90 percent if under contract with the De9 partment in the prior year; 

10 ‘‘(2) offer some amount of commitment to the 

11 Civil Reserve Air Fleet in excess of the minimum re12 quired for participation; and 

13 ‘‘(3) not have refused a DOD request to act as 

14 a host for other CRAF carriers at intermediate stag15 ing bases during the prior year. 

16 ‘‘(h) SUNSET.—The authorities in this section shall 

17 expire on December 31, 2015.’’. 

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

19 at the beginning of such chapter is amended by adding 

20 at the end the following new item: 

‘‘9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.’’. 


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1 Subtitle F—Other Matters 

2 SEC. 1051. PRESENTATION OF BURIAL FLAG TO SPOUSES. 

3 Section 1482(a) of title 10, United States Code, is 

4 amended by adding at the end the following new para5 graph: 

6 ‘‘(12) Presentation of a flag of equal size to the 

7 flag presented under paragraph (10) to the surviving 

8 spouse (including a remarried surviving spouse) of 

9 the deceased member if the person to be presented 

10 a flag under paragraph (10) is other than the 

11 spouse.’’. 

12 SEC. 1052. AMENDMENT TO ANNUAL SUBMISSION OF IN13 FORMATION REGARDING INFORMATION 

14 TECHNOLOGY CAPITAL ASSETS. 

15 Section 351(a)(2) of the Bob Stump National De16 fense Authorization Act for Fiscal Year 2003 (Public Law 

17 107–314; 116 Stat. 2516), is amended to read as follows: 

18 ‘‘(2) Information technology capital assets that 

19 have an estimated total cost for the fiscal year for 

20 which the budget is submitted in excess of 

21 $30,000,000 and been determined by the Depart22 ment of Defense Chief Information Officer and the 

23 Office of Management and Budget to be significant 

24 investments and are required to submit a Capital 


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1 Asset Plan (Exhibit 300) to OMB in accordance 

2 with OMB Circular A–11, Section 300.’’. 

3 TITLE XI—CIVILIAN PERSONNEL 

4 MATTERS 

5 SEC. 1101. INCREASE IN AUTHORIZED NUMBER OF DE6 FENSE INTELLIGENCE SENIOR EXECUTIVE 

7 SERVICE EMPLOYEES. 

8 Section 1606(a) of title 10, United States Code, is 

9 amended by striking ‘‘594’’ and inserting ‘‘694’’. 

10 SEC. 1102. TECHNICAL CHANGE TO THE DEFINITION OF A 

11 PROFESSIONAL ACCOUNTING POSITION. 

12 Section 1599d(e) of title 10, United States Code, is 

13 amended by striking ‘‘GS–510, GS–511, and GS–505’’ 

14 and inserting ‘‘0505, 0510, 0511, or equivalent’’. 


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1 TITLE XII—MATTERS RELATING 

2 TO BUILDING PARTNER CA3 PABILITIES TO COMBAT TER4 RORISM AND ENHANCE STA5 BILITY 

6 Subtitle A—Enhancing Partners’

7 Capacity for Effective Operations 

8 SEC. 1201. ENHANCED AUTHORITY TO PAY INCREMENTAL 

9 EXPENSES FOR PARTICIPATION OF DEVEL10 OPING COUNTRIES IN COMBINED EXERCISES. 

11 Section 2010 of title 10, United States Code, is 

12 amended by adding at the end the following new sub13 section: 

14 ‘‘(e) Funds available under this section for any fiscal 

15 year are available for use for programs that begin in such 

16 fiscal year but end in the next fiscal year.’’. 

17 Subtitle B—Setting Conditions 

18 Through Support for Local Pop19 ulations 

20 SEC. 1211. AMENDMENTS OF AUTHORITY FOR HUMANI21 TARIAN ASSISTANCE. 

22 Section 2561(a)(1) of title 10, United States Code, 

23 is amended by inserting ‘‘and, with the concurrence of the 

24 relevant Chief of Mission, for stabilization purposes’’ after 

25 ‘‘other humanitarian purposes’’. 


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1 DIVISION B—MILITARY CON2 STRUCTION AUTHORIZA3 TIONS 

4 SEC. 2001. SHORT TITLE. 

5 This division may be cited as the ‘‘Military Construc6 tion Authorization Act for Fiscal Year 2009’’. 

7 TITLE XXI—ARMY 

8 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

9 ACQUISITION PROJECTS. 

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

11 appropriated pursuant to the authorization of appropria12 tions in section 2104(a)(1), the Secretary of the Army 

13 may acquire real property and carry out military construc14 tion projects for the installations or locations inside the 

15 United States, and in the amounts, set forth in the fol16 lowing table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama .................. Anniston Army Depot .................................. 45,000,000 

Alaska ..................... Fort Richardson ........................................... 15,000,000 

Fort Wainwright .......................................... 110,400,000 

Arizona ................... Fort Huachuca ............................................ 11,200,000 

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 .................... Schofield Barracks ....................................... 279,000,000 

Wahiawa ...................................................... 40,000,000 

Kansas .................... Fort Riley .................................................... 155,000,000 

Kentucky ................. Fort Campbell .............................................. 108,113,000 

Louisiana ................ Fort Polk ..................................................... 29,000,000 

Missouri .................. Fort Leonard Wood ..................................... 20,850,000 

New York ................ Fort Drum ................................................... 90,000,000 

United States Military Academy, West 

Point.

67,000,000 


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Army: Inside the United States—Continued 

State Installation or Location Amount 

North Carolina ....... Fort Bragg ................................................... 36,900,000 

Oklahoma ................ Fort Sill ....................................................... 63,000,000 

Pennsylvania ........... Carlisle Barracks ......................................... 13,400,000 

Tobyhanna Army Depot .............................. 15,000,000 

South Carolina ........ Fort Jackson ................................................ 30,000,000 

Texas ...................... Corpus Christi Storage Complex ................. 39,000,000 

Fort Bliss ..................................................... 1,031,800,000 

Fort Hood .................................................... 32,000,000 

Fort Sam Houston ....................................... 96,000,000 

Red River Army Depot ................................ 6,900,000 

Virginia ................... Fort Belvoir ................................................. 7,200,000 

Fort Eustis .................................................. 14,400,000 

Fort Lee ....................................................... 100,600,000 

Fort Myer .................................................... 14,000,000 

Washington ............. Fort Lewis ................................................... 158,000,000 

Total............................................................ 3,933,663,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan .............. Bagram Air Base ..................................... 67,000,000 

Germany ................... Katterbach ................................................ 19,000,000 

Wiesbaden Air Base ................................. 119,000,000 

Japan ........................ Camp Zama .............................................. 2,350,000 

Sagamihara .............................................. 17,500,000 

Korea ........................ Camp Humphreys .................................... 20,000,000 

Total......................................................... 244,850,000 

8 SEC. 2102. FAMILY HOUSING. 

9 (a) CONSTRUCTION AND ACQUISITION.—Using 

10 amounts appropriated pursuant to the authorization of ap11 propriations in section 2104(a)(5)(A), the Secretary of the 


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1 Army may construct or acquire family housing units (in2 cluding land acquisition and supporting facilities) at the 

3 installations or locations, in the number of units, and in 

4 the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Purpose Amount 

Germany ................. Wiesbaden Air Base .................... 326 Units 133,000,000 

Korea ...................... Camp Humphreys ....................... 216 Units 125,000,000 

Total........................................... .................. 258,000,000 

5 (b) PLANNING AND DESIGN.—Using amounts appro6 priated pursuant to the authorization of appropriations in 

7 section 2104(a)(5)(A), the Secretary of the Army may 

8 carry out architectural and engineering services and con9 struction design activities with respect to the construction 

10 or improvement of family housing units in an amount not 

11 to exceed $579,000. 

12 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

13 UNITS. 

14 Subject to section 2825 of title 10, United States 

15 Code, and using amounts appropriated pursuant to the 

16 authorization of appropriations in section 2104(a)(5)(A), 

17 the Secretary of the Army may improve existing military 

18 family housing units in an amount not to exceed 

19 $420,001,000. 

20 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

21 Funds are hereby authorized to be appropriated for 

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1 tary construction, land acquisition, and military family 

2 housing functions of the Department of the Army in the 

3 total amount of $6,010,610,000 as follows: 

4 (1) For military construction projects inside the 

5 United States authorized by section 2101(a), 

6 $3,933,663,000. 

7 (2) For military construction projects outside 

8 the United States authorized by section 2101(b), 

9 $244,850,000. 

10 (3) For unspecified minor military construction 

11 projects authorized by section 2805 of title 10, 

12 United States Code, $23,000,000. 

13 (4) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $200,807,000. 

16 (5) For military family housing functions: 

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military 

19 family housing and facilities, $678,580,000. 

20 (B) For support of military family housing 

21 (including the functions described in section 

22 2833 of title 10, United States Code), 

23 $716,110,000. 

24 (6) For the construction of increment 3 of a 

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1 thorized by section 2101(a) of the Military Construc2 tion Authorization Act for Fiscal Year 2007 (divi3 sion B of Public Law 109–364; 120 Stat. 2445), 

4 $102,000,000. 

5 (7) For the construction of increment 2 of the 

6 SOUTHCOM Headquarters at Miami Doral, Flor7 ida, authorized by section 2101(a) of the Military 

8 Construction Authorization Act for Fiscal Year 2008 

9 (division B of Public Law 110–181; 122 Stat. xxxx), 

10 $81,600,000. 

11 (8) For the construction of increment 2 of the 

12 BDE Complex—Barracks/Community at Vicenza, 

13 Italy, authorized by section 2101(b) of the Military 

14 Construction Authorization Act for Fiscal Year 2008 

15 (division B of Public Law 110–181; 122 Stat. xxxx), 

16 $15,000,000. 

17 (9) For the construction of increment 2 of the 

18 BDE Complex—Operations Support Facility, at 

19 Vicenza, Italy, authorized by section 2101(b) of the 

20 Military Construction Authorization Act for Fiscal 

21 Year 2008 (division B of Public Law 110–181; 122 

22 Stat. xxxx), $15,000,000. 


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1 TITLE XXII—NAVY 

2 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

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

5 appropriated pursuant to the authorization of appropria6 tions in section 2204(1), the Secretary of the Navy may 

7 acquire real property and carry out military construction 

8 projects for the installations or locations inside the United 

9 States, and in the amounts, set forth in the following 

10 table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ................. Marine Corps Air Station, Yuma ..................... 19,490,000 

California .............. Marine Corps Base, Camp Pendleton .............. 799,870,000 

Marine Corps Logistics Base, Barstow ............ 7,830,000 

Marine Corps Air Station, Miramar ................ 48,770,000 

Naval Air Facility, El Centro .......................... 8,900,000 

Naval Facility, San Clemente Island ............... 34,020,000 

Naval Air Station, North Island ...................... 53,262,000 

Marine Corps Recruit Depot, San Diego ......... 51,220,000 

Marine Corps Base, Twentynine Palms ........... 145,550,000 

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 .................................... 14,900,000 

Naval Support Activity, Tampa ....................... 29,000,000 

Georgia ................. Marine Corps Logistics Base, Albany .............. 15,320,000 

Hawaii .................. Marine Corps Base, Hawaii ............................. 28,200,000 

Pacific Missile Range, Barking Sands ............. 28,900,000 

Naval Station, Pearl Harbor ............................ 80,290,000 

Illinois ................... Recruit Training Command, Great Lakes ....... 62,940,000 

Maryland .............. Naval Surface Warfare Center, Indian Head .. 13,930,000 

Mississippi ............ Naval Construction Battalion Center, Gulfport 6,900,000 

New Jersey ........... Naval Air Warfare Center, Lakehurst ............. 15,440,000 

North Carolina ..... Marine Corps Air Station, Cherry Point ......... 77,420,000 

Marine Corps Air Station, New River ............. 86,280,000 

Marine Corps Base, Camp Lejeune ................. 353,090,000 

Pennsylvania ......... Naval Support Activity, Philadelphia ............... 22,020,000 

Rhode Island ........ Naval Station, Newport .................................... 29,900,000 

South Carolina ..... Marine Corps Air Station, Beaufort ................ 5,940,000 

Marine Corps Recruit Depot, Parris Island ..... 64,750,000 

Virginia ................. Marine Corps Base, Quantico .......................... 144,310,000 

Naval Station, Norfolk ..................................... 53,330,000 

Total................................................................. 2,384,942,000 


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1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 States, and in the amounts, set forth in the following 

7 table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Cuba .......................... Naval Air Station, Guantanamo Bay ........ 20,600,000 

Diego Garcia ............. Diego Garcia .............................................. 35,060,000 

Djibouti ..................... Camp Lemonier ......................................... 31,410,000 

Guam ........................ Naval Activities, Guam .............................. 88,430,000 

Total.......................................................... 175,500,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2204(a)(3), the Secretary of the Navy may 

11 acquire real property and carry out military construction 

12 projects for unspecified installations or locations in the 

13 amounts set forth in the following table: 

Navy: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified .. Unspecified Worldwide .......................... 94,020,000 

Total...................................................... 94,020,000 

14 SEC. 2202. FAMILY HOUSING. 

15 (a) CONSTRUCTION AND ACQUISITION.—Using 

16 amounts appropriated pursuant to the authorization of ap17 propriations in section 2204(a)(6)(A), the Secretary of the 

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1 cluding land acquisition and supporting facilities) at the 

2 installations or locations, in the number of units, and in 

3 the amount set forth in the following table: 

Navy: Family Housing 

Location Installation or Location Purpose Amount 

Guantanamo Bay .... Naval Air Station, Guantanamo 

Bay.

146 Units 62,598,000 

Total........................................... .................. 62,598,000 

4 (b) PLANNING AND DESIGN.—Using amounts appro5 priated pursuant to the authorization of appropriations in 

6 section 2204(a)(6)(A), the Secretary of the Navy may 

7 carry out architectural and engineering services and con8 struction design activities with respect to the construction 

9 or improvement of family housing units in an amount not 

10 to exceed $2,169,000. 

11 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

12 UNITS. 

13 Subject to section 2825 of title 10, United States 

14 Code, and using amounts appropriated pursuant to the 

15 authorization of appropriations in section 2204(a)(6)(A), 

16 the Secretary of the Navy may improve existing military 

17 family housing units in an amount not to exceed 

18 $318,011,000. 

19 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

20 Funds are hereby authorized to be appropriated for 

21 fiscal years beginning after September 30, 2008, for mili22 tary construction, land acquisition, and military family 


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1 housing functions of the Department of the Navy in the 

2 total amount of $3,855,239,000, as follows: 

3 (1) For military construction projects inside the 

4 United States authorized by section 2201(a), 

5 $2,384,942,000. 

6 (2) For military construction projects outside 

7 the United States authorized by section 2201(b), 

8 $175,500,000. 

9 (3) For military construction projects at un10 specified worldwide locations authorized by section 

11 2201(c), $94,020,000. 

12 (4) For unspecified minor military construction 

13 projects authorized by section 2805 of title 10, 

14 United States Code, $13,670,000. 

15 (5) For architectural and engineering services 

16 and construction design under section 2807 of title 

17 10, United States Code, $239,128,000. 

18 (6) For military family housing functions: 

19 (A) For construction and acquisition, plan20 ning and design, and improvement of military 

21 family housing and facilities, $382,778,000. 

22 (B) For support of military family housing 

23 (including functions described in section 2833 

24 of title 10, United States Code), $376,062,000. 


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1 (7) For the construction of increment 2 of kilo 

2 wharf extension at Naval Forces Marianas Islands, 

3 Guam, authorized by section 2201(b) of the Military 

4 Construction Authorization Act for Fiscal Year 2008 

5 (division B of Public Law 110–181; 122 Stat. xxxx), 

6 $50,912,000. 

7 (8) For the construction of increment 2 of the 

8 sub drive-in magnetic silencing facility at Naval Sub9 marine Base, Pearl Harbor, Hawaii, authorized in 

10 section 2201(a) of the Military Construction Author11 ization Act for Fiscal Year 2008 (division B of Pub12 lic Law 110–181; 122 Stat. xxxx), $41,088,000. 

13 (9) For the construction of increment 3 of the 

14 National Maritime Intelligence Center, Suitland, 

15 Maryland, authorized by section 2201(a) of the Mili16 tary Construction Authorization Act for Fiscal Year 

17 2007 (division B of Public Law 109–364; 120 Stat. 

18 2448), $12,439,000. 

19 (10) For the construction of increment 2 of 

20 hangar 5 recapitalizations Naval Air Station, 

21 Whidbey Island, Washington, authorized by section 

22 2201(a) of the Military Construction Authorization 

23 Act of Fiscal Year 2007 (division B of Public Law 

24 109–364; 120 Stat. 2448), $34,000,000. 


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1 (11) For the construction of increment 5 of the 

2 limited area production and storage complex at 

3 Naval Submarine Base, Kitsap, Bangor, Wash4 ington, authorized by section 2201(a) of the Military 

5 Construction Authorization Act of Fiscal Year 2005 

6 (division B of Public Law 108–375; 118 Stat. 

7 2106), $50,700,000. 

8 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT 

9 CERTAIN FISCAL YEAR 2005 PROJECT INSIDE 

10 THE UNITED STATES. 

11 The table in section 2201(a) of the Military Construc12 tion Authorization Act for Fiscal Year 2005 (division B 

13 of Public Law 108–375; 118 Stat. 2105), as amended by 

14 section 2206 of the Military Construction Authorization 

15 Act for Fiscal Year 2006 (division B of Public Law 109– 

16 163; 119 Stat. 3493) and section 2206 of the Military 

17 Construction Authorization Act for Fiscal Year 2008 (di18 vision B of Public Law 110–181; 122 Stat. xxxx), is fur19 ther amended— 

20 (1) in the item relating to Strategic Weapons 

21 Facility Pacific, Bangor, Washington, by striking 

22 ‘‘$295,000,000’’ in the amount column and inserting 

23 ‘‘$311,670,000’’; and 


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1 (2) by striking the amount identified as the 

2 total in the amount column and inserting 

3 ‘‘$1,084,497,000’’. 

4 SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT 

5 CERTAIN FISCAL YEAR 2007 PROJECTS IN6 SIDE THE UNITED STATES. 

7 (a) MODIFICATIONS.—(1) The table in section 

8 2201(a) of the Military Construction Authorization Act 

9 for Fiscal Year 2007 (division B of Public Law 109–364, 

10 120 Stat. 2083) is amended in the item relating to NMIC/ 

11 Naval Support Activity, Suitland, Maryland, by striking 

12 ‘‘$67,939,000’’ in the amount column and inserting 

13 ‘‘$76,288,000’’. 

14 (2) Section 2205(a)(17) of the military con15 struction authorization act for fiscal year 2008 (divi16 sion b of public law 110–181; 122 stat. xxxx), is 

17 amended— 

18 (A) in the item relating to Naval Air Sta19 tion, Whidbey Island, Washington, by striking 

20 ‘‘$57,653,000’’ in the amount column and in21 serting ‘‘$60,500,000’’; and 

22 (B) by striking the amount identified as 

23 the total in the amount column and inserting 

24 ‘‘$772,761,000’’. 


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1 (b) CONFORMING AMENDMENTS.—Section 2204(b) 

2 of the Military Construction Authorization Act for Fiscal 

3 Year 2007 (division B of Public Law 109–364; 120 Stat. 

4 2452), is amended— 

5 (1) in paragraph (1), by striking 

6 ‘‘$56,159,000’’ and inserting ‘‘$64,508,000’’; and 

7 (2) in paragraph (2), by striking 

8 ‘‘$31,153,000’’ and inserting ‘‘$34,000,000’’. 

9 TITLE XXIII—AIR FORCE 

10 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

11 LAND ACQUISITION PROJECTS. 

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

13 appropriated pursuant to the authorization of appropria14 tions in section 2304(1), the Secretary of the Air Force 

15 may acquire real property and carry out military construc16 tion projects for the installations or locations inside the 

17 United States, and in the amounts, set forth in the fol18 lowing 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 ......................... 3,100,000 

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 .......................... 21,000,000 

Georgia ........................ Robins Air Force Base ............................ 24,100,000 

Maryland ..................... Andrews Air Force Base ......................... 77,648,000 

Mississippi ................... Columbus Air Force Base ....................... 8,100,000 

Nevada ........................ Creech Air Force Base ............................ 48,500,000 

Nellis Air Force Base .............................. 53,300,000 

New Mexico ................. Holloman Air Force Base ....................... 25,450,000 

Oklahoma .................... Tinker Air Force Base ............................ 48,600,000 

South Carolina ............ Charleston Air Force Base ...................... 4,500,000 

Texas ........................... Fort Hood ............................................... 10,800,000 


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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Lackland Air Force Base ........................ 75,515,000 

Utah ............................ Hill Air Force Base ................................. 36,000,000 

Washington ................. McChord Air Force Base ........................ 5,500,000 

Wyoming ..................... Francis E. Warren Air Force Base ........ 8,600,000 

Total........................................................ 660,569,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force 

4 may acquire real property and carry out military construc5 tion projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan ............... Bagram Airfield ......................................... 57,200,000 

Guam ........................ Andersen Air Force Base .......................... 5,200,000 

Kyrgyzstan ................ Manas Air Base ......................................... 6,000,000 

Qatar ......................... Qatar ......................................................... 59,638,000 

United Kingdom ....... Royal Air Force Lakenheath ..................... 7,400,000 

Total.......................................................... 135,438,000 

8 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

9 appropriated pursuant to the authorization of appropria10 tions in section 2304(3), the Secretary of the Air Force 

11 may acquire real property and carry out military construc12 tion projects for unspecified installations or locations in 

13 the amounts set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Classified ... Classified Location .................................... 891,000 

Worldwide Unspecified Unspecified Worldwide Locations .............. 52,500,000 


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Air Force: Unspecified Worldwide—Continued 

Location Installation or Location Amount 

Total.......................................................... 53,391,000 

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 

5 Air Force may construct or acquire family housing units 

6 (including land acquisition and supporting facilities) at the 

7 installations, in the number of units, and in the amounts 

8 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 

Total........................................... .................. 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 

19 Code, and using amounts appropriated pursuant to the 


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1 authorization of appropriations in section 2304(6)(A), the 

2 Secretary of the Air Force may improve existing military 

3 family housing units in an amount not to exceed 

4 $316,343,000. 

5 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

6 FORCE. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal years beginning after September 30, 2008, for mili9 tary construction, land acquisition, and military family 

10 housing functions of the Department of the Air Force in 

11 the total amount of $1,930,236,000, as follows: 

12 (1) For military construction projects inside the 

13 United States authorized by section 2301(a), 

14 $660,569,000. 

15 (2) For military construction projects outside 

16 the United States authorized by section 2301(b), 

17 $135,438,000. 

18 (3) For the military construction projects at 

19 unspecified worldwide locations authorized by section 

20 2301(c), $53,391,000. 

21 (4) For unspecified minor military construction 

22 projects authorized by section 2805 of title 10, 

23 United States Code, $15,000,000. 


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1 (5) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $70,494,000. 

4 (6) For military family housing functions: 

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military 

7 family housing and facilities, $395,879,000. 

8 (B) For support of military family housing 

9 (including functions described in section 2833 

10 of title 10, United States Code), $599,465,000. 

11 TITLE XXIV—DEFENSE 

12 AGENCIES 

13 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC14 TION AND LAND ACQUISITION PROJECTS. 

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

16 appropriated pursuant to the authorization of appropria17 tions in section 2404(1), the Secretary of Defense may 

18 acquire real property and carry out military construction 

19 projects for the installations or locations inside the United 

20 States, and in the amounts, set forth in the following 

21 table: 

Defense Agencies: Inside the United States 

Agency Installation or Location Amount 

Defense Education 

Activity.

Fort Campbell, Kentucky .......................... 21,400,000 

Fort Bragg, North Carolina ...................... 78,471,000 

Defense Intelligence 

Agency.

Scott Air Force Base, Illinois .................... 13,977,000 

Defense Logistics 

Agency.

Defense Distribution Depot, Tracy, California.50,300,000 


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Defense Agencies: Inside the United States—Continued 

Agency Installation or Location Amount 

Defense Fuel Supply Center, Dover Air 

Force Base, Delaware.

3,373,000 

Defense Fuel Support Point, Jacksonville, 

Florida.

34,000,000 

Hunter Army Air Field, Georgia ............... 3,500,000 

Pearl Harbor, Hawaii ................................ 27,700,000 

Kirtland Air Force Base, New Mexico ...... 14,400,000 

Altus Air Force Base, Oklahoma .............. 2,850,000 

Philadelphia, Pennsylvania ........................ 1,200,000 

Hill Air Force Base, Utah ......................... 20,400,000 

Craney Island, Virginia ............................. 39,900,000 

National Security 

Agency.

Fort Meade, Maryland .............................. 31,000,000 

Special Operations 

Command.

Naval Amphibious Base, Coronado, California.9,800,000 

Eglin Air Force Base, Florida .................. 40,000,000 

Hurlburt Field, Florida ............................. 8,900,000 

MacDill Air Force Base, Florida .............. 10,500,000 

Fort Campbell, Kentucky .......................... 15,000,000 

Cannon Air Force Base, New Mexico ....... 18,100,000 

Fort Bragg, North Carolina ...................... 38,250,000 

Fort Story, Virginia .................................. 11,600,000 

Fort Lewis, Washington ............................ 38,000,000 

TRICARE Management Activity.Fort Richardson, Alaska ........................... 6,300,000 

Buckley Air Force Base, Colorado ............ 3,000,000 

Fort Benning, Georgia .............................. 3,900,000 

Fort Riley, Kansas .................................... 52,000,000 

Fort Campbell, Kentucky .......................... 24,000,000 

Aberdeen Proving Ground, Maryland ........ 430,000,000 

Fort Leonard Wood, Missouri ................... 22,000,000 

Tinker Air Force Base, Oklahoma ............ 65,000,000 

Fort Sam Houston, Texas ......................... 13,000,000 

Washington Headquarters Services.Pentagon Reservation, Virginia ................. 38,940,000 

Total.......................................................... 1,190,761,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the 

6 United States, and in the amounts, set forth in the fol7 lowing table: 

Defense Agencies: Outside the United States 

Agency Installation or Location Amount 

Defense Logistics Agency .................... Germersheim, Germany ...... 48,000,000 


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Defense Agencies: Outside the United States—Continued 

Agency Installation or Location Amount 

Souda Bay, Greece ............. 27,761,000 

Special Operations Command .............. Al Udeid, Qatar .................. 9,200,000 

TRICARE Management Activity ......... Naval Activities, Guam ....... 30,000,000 

Total................................... 114,961,000 

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(3), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for unspecified installations or locations in the 

6 amount set forth in the following table: 

Defense Agencies: Unspecified Worldwide 

Location Installation or Location Amount 

Worldwide Unspecified .. Unspecified Locations ........................... 862,980,000 

Total...................................................... 862,980,000 

7 SEC. 2402. ENERGY CONSERVATION PROJECTS. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2404(7), the Secretary 

10 of Defense may carry out energy conservation projects 

11 under chapter 173 of title 10, United States Code, in the 

12 amount of $80,000,000. 

13 SEC. 2403. AUTHORIZED BASE CLOSURE AND REALIGN14 MENT ACTIVITIES FUNDED THROUGH DE15 PARTMENT OF DEFENSE BASE CLOSURE AC16 COUNT 2005. 

17 Using amounts appropriated pursuant to the author18 ization of appropriations in section 2404(9), the Secretary 


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1 of Defense may carry out base closure and realignment 

2 activities, including real property acquisition and military 

3 construction projects, as authorized by the Defense Base 

4 Closure and Realignment Act of 1990 (part A of title 

5 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

6 funded through the Department of Defense Base Closure 

7 Account 2005 established by section 2906A of such Act, 

8 in the amount of $7,138,021,000. 

9 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DE10 FENSE AGENCIES. 

11 Funds are hereby authorized to be appropriated for 

12 fiscal years beginning after September 30, 2008, for mili13 tary construction, land acquisition, and military family 

14 housing functions of the Department of Defense (other 

15 than the military departments) in the total amount of 

16 $11,297,342,000, as follows: 

17 (1) For military construction projects inside the 

18 United States authorized by section 2401(a), 

19 $784,511,000. 

20 (2) For military construction projects outside 

21 the United States authorized by section 2401(b), 

22 $114,961,000. 

23 (3) For the military construction projects at 

24 unspecified worldwide locations authorized by section 

25 2401(c), $266,660,000. 


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1 (4) For unspecified minor military construction 

2 projects under section 2805 of title 10, United 

3 States Code, $31,853,000. 

4 (5) For contingency construction projects of the 

5 Secretary of Defense under section 2804 of title 10, 

6 United States Code, $10,000,000. 

7 (6) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $155,793,000. 

10 (7) For energy conservation projects authorized 

11 by section 2402 of this Act, $80,000,000. 

12 (8) For base closure and realignment activities 

13 as authorized by the Defense Base Closure and Re14 alignment Act of 1990 (part A of title XXIX of 

15 Public Law 101–510; 10 U.S.C. 2687 note) and 

16 funded through the Department of Defense Base 

17 Closure Account 1990 established by section 2906 of 

18 such Act, $393,377,000. 

19 (9) For base closure and realignment activities 

20 authorized by section 2403 of this Act and funded 

21 through the Department of Defense Base Closure 

22 Account 2005 established by section 2906A of the 

23 Defense Base Closure and Realignment Act of 1990 

24 (part A of title XXIX of Public Law 101–510; 10 

25 U.S.C. 2687 note), $9,065,386,000. 


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1 (10) For support of military family housing (in2 cluding functions described in section 2833 of title 

3 10, United States Code), $54,581,000. 

4 (11) For the construction of increment 4 of the 

5 National Security Agency/Central Security Service 

6 replacement at Augusta, Georgia, authorized by sec7 tion 2401(a) of the Military Construction Authoriza8 tion Act of Fiscal Year 2006 (division B of Public 

9 Law 109–163; 119 Stat. 3497), as amended by sec10 tion 7016 of the Emergency Supplemental Appro11 priation Act for Defense, Global War on Terrorism 

12 and Hurricane Relief (Public Law 109–234; 120 

13 Stat. 485), $100,220,000. 

14 (12) For the construction of increment 2 of the 

15 U.S. Army Medical Research Institute for Infectious 

16 Diseases Stage 1 at Fort Detrick, Maryland, author17 ized by section 2401(a) of the Military Construction 

18 Authorization Act of Fiscal Year 2007 (division B of 

19 Public Law 109–364; 120 Stat. 2457), 

20 $209,000,000. 

21 (13) For the construction of increment 2 of the 

22 SOF Operational Facility at Dam Neck, Virginia, 

23 authorized by section 2401(a) of the Military Con24 struction Authorization Act of Fiscal Year 2008 (diVerDate Aug 31 2005 21:36 Apr 18, 2008 Jkt 069200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.IH H5658

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1 vision B of Public Law 110–181; 122 Stat. xxxx), 

2 $150,000,000. 

3 TITLE XXV—NORTH ATLANTIC 

4 TREATY ORGANIZATION SE5 CURITY INVESTMENT PRO6 GRAM 

7 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

8 ACQUISITION PROJECTS. 

9 The Secretary of Defense may make contributions for 

10 the North Atlantic Treaty Organization Security Invest11 ment Program as provided in section 2806 of title 10, 

12 United States Code, in an amount not to exceed the sum 

13 of the amount authorized to be appropriated for this pur14 pose in section 2502 and the amount collected from the 

15 North Atlantic Treaty Organization as a result of con16 struction previously financed by the United States. 

17 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2008, for con20 tributions by the Secretary of Defense under section 2806 

21 of title 10, United States Code, for the share of the United 

22 States of the cost of projects for the North Atlantic Treaty 

23 Organization Security Investment Program authorized by 

24 section 2501, in the amount of $240,867,000. 


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1 TITLE XXVI—CHEMICAL 

2 DEMILITARIZATION PROGRAM 

3 SEC. 2601. AUTHORIZED CHEMICAL DEMILITARIZATION 

4 PROGRAM CONSTRUCTION AND LAND ACQUI5 SITION PROJECTS. 

6 Using amounts appropriated pursuant to the author7 ization of appropriations in section 2602(1), the Secretary 

8 of Defense may acquire real property and carry out mili9 tary construction projects for the installations or locations 

10 inside the United States, and in the amounts, set forth 

11 in the following table: 

Chemical Demilitarization Program: Inside the United States 

Agency Installation or Location Amount 

Army .............................. Blue Grass Army Depot, Kentucky ...... 12,000,000 

Total...................................................... 12,000,000 

12 SEC. 2602. AUTHORIZATION OF APPROPRIATIONS, CHEM13 ICAL DEMILITARIZATION CONSTRUCTION, 

14 DEFENSE-WIDE. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal years beginning after September 30, 2008, for mili17 tary construction and land acquisition for Chemical De18 militarization in the total amount of $134,278,000, as fol19 lows: 

20 (1) For military construction projects inside the 

21 United States authorized by section 2601(a), 

22 $12,000,000. 


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1 (2) For the construction of phase 10 of a muni2 tions demilitarization facility at Pueblo Chemical Ac3 tivity, Colorado, authorized by section 2401(a) of the 

4 Military Construction Authorization Act for Fiscal 

5 Year 1997 (division B of Public Law 104–201; 110 

6 Stat. 2775), as amended by section 2406 of the Mili7 tary Construction Authorization Act for Fiscal Year 

8 2000 (division B of Public Law 106–65; 113 Stat. 

9 839), and section 2407 of the Military Construction 

10 Authorization Act for Fiscal Year 2003 (division B 

11 of Public Law 107–314; 116 Stat. 2698), 

12 $65,060,000. 

13 (3) For the construction of phase 9 of a muni14 tions demilitarization facility at Blue Grass Army 

15 Depot, Kentucky, authorized by section 2401(a) of 

16 the Military Construction Authorization Act for Fis17 cal Year 2000 (division B of Public Law 106–65; 

18 113 Stat. 835), as amended by section 2405 of the 

19 Military Construction Authorization Act for Fiscal 

20 Year 2002 (division B of Public Law 107–107; 115 

21 Stat. 1298), and section 2405 of the Military Con22 struction Authorization Act for Fiscal Year 2003 

23 (division B of Public Law 107–314; 116 Stat. 

24 2698), $57,218,000. 


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1 SEC. 2603. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 1997 PROJECT. 

3 (a) MODIFICATIONS.—The table in section 2401(a) 

4 of the Military Construction Authorization Act for Fiscal 

5 Year 1997 (division B of Public Law 104–201; 110 Stat. 

6 2775), as amended by section 2406 of the Military Con7 struction Authorization Act for Fiscal Year 2000 (division 

8 B of Public Law 106–65; 113 Stat. 839) and section 2407 

9 of the Military Construction Authorization Act for Fiscal 

10 Year 2003 (division B of Public Law 107–314; 116 Stat. 

11 2699), is amended— 

12 (1) under the agency heading relating to Chem13 ical Demilitarization Program, in the item relating 

14 to Pueblo Army Depot, Colorado, by striking 

15 ‘‘$261,000,000’’ in the amount column and inserting 

16 ‘‘$484,000,000’’; and 

17 (2) by striking the amount identified as the 

18 total in the amount column and inserting 

19 ‘‘$830,454,000’’. 

20 (b) CONFORMING AMENDMENT.—Section 2406(b)(2) 

21 of the Military Construction Authorization Act for Fiscal 

22 Year 1997 (110 Stat. 2779), as so amended, is further 

23 amended by striking ‘‘$261,000,000’’ and inserting 

24 ‘‘$484,000,000’’. 


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1 SEC. 2604. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2000 PROJECT. 

3 (a) MODIFICATIONS.—The table in section 2401(a) 

4 of the Military Construction Authorization Act for Fiscal 

5 Year 2000 (division B of Public Law 106–65; 113 Stat. 

6 835), as amended by section 2405 of the Military Con7 struction Authorization Act for Fiscal Year 2002 (division 

8 B of Public Law 107–107; 115 Stat. 1298) and section 

9 2405 of the Military Construction Authorization Act for 

10 Fiscal Year 2003 (division B of Public Law 107–314; 116 

11 Stat. 2698), is amended— 

12 (1) under the agency heading relating to Chem13 ical Demilitarization, in the item relating to Blue 

14 Grass Army Depot, Kentucky, by striking 

15 ‘‘$290,325,000’’ in the amount column and inserting 

16 ‘‘$492,000,000’’; and 

17 (2) by striking the amount identified as the 

18 total in the amount column and inserting 

19 ‘‘$949,920,000’’. 

20 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) 

21 of the Military Construction Authorization Act for Fiscal 

22 Year 2000 (113 Stat. 839), as so amended, is further 

23 amended by striking ‘‘$267,525,000’’ and inserting 

24 ‘‘$469,200,000’’. 


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1 SEC. 2605. MODIFICATION OF AUTHORITY TO CARRY OUT 

2 CERTAIN FISCAL YEAR 2007 PROJECT. 

3 (a) MODIFICATION.—The table in section 2401 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2007 (division B of Public Law 109–364; 120 Stat. 2457), 

6 is amended under the agency heading relating to the 

7 TRICARE Management Activity, in the item relating to 

8 Fort Detrick, Maryland, by striking ‘‘$550,000,000’’ in 

9 the amount column and inserting ‘‘$683,000,000’’. 

10 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) 

11 of the Military Construction Authorization Act of Fiscal 

12 Year 2007 (120 Stat. 2461) is amended by striking 

13 ‘‘$521,000,000’’ and inserting ‘‘$654,000,000’’. 

14 TITLE XXVII—GUARD AND 

15 RESERVE FORCES FACILITIES 

16 SEC. 2701. AUTHORIZED GUARD AND RESERVE CONSTRUC17 TION AND LAND ACQUISITION PROJECTS. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal years beginning after September 30, 2008, for the 

20 costs of acquisition, architectural and engineering services, 

21 and construction of facilities for the Reserve components, 

22 and for contributions therefore, under chapter 1803 of 

23 title 10, United States Code (including the cost of acquisi24 tion of land for those facilities), in the following amounts: 

25 (1) For the Department of the Army— 


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1 (A) for the Army National Guard of the 

2 United States, $539,296,000; and 

3 (B) for the Army Reserve, $281,687,000. 

4 (2) For the Department of the Navy, for the 

5 Navy Reserve and Marine Corps Reserve, 

6 $57,045,000. 

7 (3) For the Department of the Air Force— 

8 (A) for the Air National Guard of the 

9 United States, $34,374,000; and 

10 (B) for the Air Force Reserve, 

11 $19,265,000. 

12 TITLE XXVIII—EXPIRATION AND 

13 EXTENSION OF AUTHORIZA14 TIONS 

15 SEC. 2801. EXPIRATION OF AUTHORIZATIONS AND 

16 AMOUNTS REQUIRED TO BE SPECIFIED BY 

17 LAW. 

18 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

19 YEARS.—Except as provided in subsection (b), all author20 izations contained in titles XXI through XXVII for mili21 tary construction projects, land acquisition, family housing 

22 projects and facilities, and contributions to the North At23 lantic Treaty Organization Security Investment Program 

24 (and authorizations of appropriations therefore) shall ex25 pire on the later of— 


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1 (1) October 1, 2011; or 

2 (2) the date of the enactment of an Act author3 izing funds for military construction for fiscal year 

4 2012. 

5 (b) EXCEPTION.—Subsection (a) shall not apply to 

6 authorizations for military construction projects, land ac7 quisition, family housing projects and facilities, and con8 tributions to the North Atlantic Treaty Organization Se9 curity Investment Program (and authorizations of appro10 priations therefore), for which appropriated funds have 

11 been obligated before the later of— 

12 (1) October 1, 2011; or 

13 (2) the date of the enactment of an Act author14 izing funds for fiscal year 2012 for military con15 struction projects, land acquisition, family housing 

16 projects and facilities, or contributions to the North 

17 Atlantic Treaty Organization Security Investment 

18 Program. 

19 SEC. 2802. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

20 FISCAL YEAR 2006 PROJECTS. 

21 (a) EXTENSION.—Notwithstanding section 2701 of 

22 the Military Construction Authorization Act for Fiscal 

23 Year 2006 (division B of Public Law 109–163; 119 Stat. 

24 3501), authorizations set forth in the tables in subsection 

25 (b), as provided in sections 2101, 2302, and 2601 of that 


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1 Act, shall remain in effect until October 1, 2009, or the 

2 date of the enactment of an Act authorizing funds for mili3 tary construction for fiscal year 2010, whichever is later. 

4 (b) TABLES.—The tables referred to in subsection (a) 

5 are 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 

Air Force: Extension of 2006 Project Authorizations 

State Installation or 

Location Project Amount 

Alaska ........................ Eielson Air Force 

Base.

Replace Family 

Housing (92 units).

37,650,000 

Purchase Build/Lease 

Housing (300 

units).

18,144,000 

California ................... Edwards Air Force 

Base.

Replace Family 

Housing (226 

units).

59,699,000 

Florida ........................ MacDill Air Force 

Base.

Replace Family 

Housing (109 

units).

40,982,000 

Missouri ...................... Whiteman Air Force 

Base.

Replace Family 

Housing (111 

units).

26,917,000 

North Carolina ........... Seymour Johnson Air 

Force Base.

Replace Family 

Housing (255 

units).

48,868,000 

North Dakota ............. Grand Forks Air 

Force Base.

Replace Family 

Housing (150 

units).

43,353,000 

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 


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Army National Guard: Extension of 2006 Project 

Authorizations—Continued 

State Installation or 

Location Project Amount 

Organizational Maintenance Shop #7.6,144,930 

Defense Agencies: Extension of 2006 Project Authorizations 

Agency Installation or 

Location Project Amount 

Defense Logistics 

Agency.

Defense Distribution 

Depot Susquehanna, New Cumberland, Pennsylvania.

Replace Physical Fitness Facility.6,500,000 

1 SEC. 2803. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2005 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of 

4 the Military Construction Authorization Act for Fiscal 

5 Year 2005 (division B of Public Law 108–375; 118 Stat. 

6 2116), authorizations set forth in the tables in subsection 

7 (b), as provided in sections 2101, 2301, 2302, and 2601 

8 of that Act, shall remain in effect until October 1, 2009, 

9 or the date of the enactment of an Act authorizing funds 

10 for military construction for fiscal year 2010, whichever 

11 is later. 

12 (b) TABLES.—The tables referred to in subsection (a) 

13 are as follows: 

Army: Extension of 2005 Project Authorizations 

State Installation or 

Location Project Amount 

Hawaii ........................ Schofield Barracks ... Combined Arms Collective Training 

Facility.

32,542,000 


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Air Force: Extension of 2005 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Arizona ....................... Davis-Monthan Air 

Force Base.

Replace Family 

Housing (250 

units).

48,500,000 

California ................... Vandenberg Air 

Force Base.

Replace Family 

Housing (120 

units).

30,906,000 

Florida ........................ MacDill Air Force 

Base.

Construct Housing 

Maintenance Facility.

1,250,000 

Missouri ...................... Whiteman Air Force 

Base.

Replace Family 

Housing (160 

units).

37,087,000 

North Carolina ........... Seymour Johnson Air 

Force Base.

Replace Family 

Housing (167 

units).

32,693,000 

Germany ..................... Ramstein Air Base ... USAFE Theater 

Aerospace Operations Support 

Center.

24,204,000 

Army National Guard: Extension of 2005 Project Authorizations 

State Installation or 

Location Project Amount 

California ................... Dublin ....................... Readiness Center, 

Add/Alt (ADRS).

11,318,000 

1 TITLE XXIX—GENERAL 

2 PROVISIONS 

3 Subtitle A—Military Construction 

4 Program and Military Family 

5 Housing Changes 

6 SEC. 2901. MODIFICATION OF LONG-TERM LEASING AU7 THORITY FOR MILITARY FAMILY HOUSING. 

8 (a) AUTHORITY.—Section 2835 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new subsections: 

11 ‘‘(i) HOUSING OF OTHER PERSONNEL.—(1) At any 

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1 structed and leased under this section is not required by 

2 military families, the Secretary of a military department 

3 may assign military members, without dependents, to such 

4 housing without rental charge to the member so assigned. 

5 ‘‘(2) A member, without dependents, who is assigned 

6 to housing pursuant to this section shall be considered to 

7 be assigned to quarters pursuant to section 403(e) of title 

8 37. 

9 ‘‘(j) CONVERSION TO LONG-TERM LEASING OF MILI10 TARY UNACCOMPANIED HOUSING.—(1) During the period 

11 of the lease term, if the Secretary concerned determines 

12 that the housing constructed and leased under this section 

13 is excess to the long-term needs of the Family Housing 

14 Program of the Department of Defense, the Secretary 

15 concerned may convert the lease to a long-term lease of 

16 military unaccompanied housing. 

17 ‘‘(2) The term of the conversion to military unaccom18 panied housing under paragraph (1) may not exceed the 

19 remaining term of the existing long-term lease of family 

20 housing being converted. 

21 ‘‘(k) ADVANCE NOTICE OF INTENT TO CONVERT.— 

22 The Secretary concerned may not convert the long-term 

23 family housing lease to unaccompanied housing under sub24 section (j) until— 


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1 ‘‘(1) the Secretary concerned submits to the 

2 congressional defense committees, in writing, a no3 tice of the intent to accomplish such conversion to 

4 unaccompanied housing, including— 

5 ‘‘(A) a justification for the conversion; 

6 ‘‘(B) a description of the long-term lease 

7 to be converted; 

8 ‘‘(C) the lease amount; and 

9 ‘‘(D) the lease expiration date; and 

10 ‘‘(2) a period of 21 days has expired following 

11 the date on which the justification is received by the 

12 committees or, if over sooner, a period of 14 days 

13 has expired following the date on which a copy of 

14 the justification is provided in an electronic medium 

15 pursuant to section 480 of this title. 

16 ‘‘(l) SECTION 801 HOUSING.—Subsections (i), (j), 

17 and (k) also shall apply to housing leased by a military 

18 department pursuant to authority contained in section 801 

19 of the Military Construction Authorization Act, 1984 

20 (Public Law 98–115; 97 Stat 782).’’. 

21 SEC. 2902. UNSPECIFIED MINOR CONSTRUCTION. 

22 Section 2805 of title 10, United States Code, is 

23 amended— 

24 (1) In subsection (a)(1)— 


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1 (A) by striking ‘‘$1,500,000’’ and inserting 

2 ‘‘$2,500,000’’; and 

3 (B) by striking ‘‘$3,000,000’’ in the last 

4 sentence and inserting ‘‘$4,250,000’’; 

5 (2) in subsection (b)(1), by striking ‘‘$750,000’’ 

6 and inserting ‘‘$1,000,000’’; and 

7 (3) In subsection (c)(1)— 

8 (A) in subparagraph (A), by striking 

9 ‘‘$1,500,000’’ and inserting ‘‘$2,000,000’’; and 

10 (B) in subparagraph (B), by striking 

11 ‘‘$750,000’’ and inserting ‘‘$1,000,000’’. 

12 SEC. 2903. FLEXIBILITY IN DETERMINING DOMESTIC FAM13 ILY HOUSING LEASE MAXIMUMS. 

14 Section 2828(b) of title 10, United States Code, is 

15 amended— 

16 (1) in paragraph (2), by striking ‘‘paragraphs 

17 (3) and (4)’’ and inserting ‘‘paragraphs (3), (4), and 

18 (7)’’; and 

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

20 paragraph: 

21 ‘‘(7) The Secretary of the Army may lease not 

22 more than 600 of the 10,000 family housing units 

23 provided in paragraph (1) at an amount not greater 

24 than 33 percent above the maximum lease amount 

25 under paragraph (3), as adjusted under paragraph 


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1 (5) for the fiscal year in which a unit is leased under 

2 this paragraph. The maximum lease amount pro3 vided in this paragraph shall apply only to Army 

4 family housing in areas designated by the Secretary 

5 of the Army and for leases not to exceed a term of 

6 2 years.’’. 

7 SEC. 2904. TRANSFER OF PROCEEDS FROM PROPERTY CON8 VEYANCE, MARINE CORPS LOGISTICS BASE, 

9 ALBANY, GEORGIA. 

10 (a) TRANSFER AUTHORIZED.—The Secretary of De11 fense may transfer any proceeds from the sale of approxi12 mately 120.375 acres of improved land located at the 

13 former Boyett Village Family Housing Complex at the 

14 Marine Corps Logistics Base, Albany, Georgia, into the 

15 Department of Defense Family Housing Improvement 

16 Fund established under section 2883(a) of title 10, United 

17 States Code, for carrying out activities under subchapter 

18 IV of chapter 169 of that title with respect to military 

19 family housing. 

20 (b) NOTIFICATION REQUIREMENT.—A transfer of 

21 proceeds under subsection (a) may be made only after the 

22 end of the 30-day period beginning on the date the Sec23 retary of Defense submits written notice of the transfer 

24 to the appropriate committees of Congress. 


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1 Subtitle B—Real Property and 

2 Facilities Administration 

3 SEC. 2911. MODIFICATION OF UTILITY SYSTEM CONVEY4 ANCE AUTHORITY. 

5 Section 2688 of title 10, United States Code, is 

6 amended— 

7 (1) by redesignating subsection (j) as sub8 section (k); and 

9 (2) by inserting after subsection (i) the fol10 lowing new subsection (j): 

11 ‘‘(j) CONVEYANCE OR CONSTRUCTION OF UTILITY

12 INFRASTRUCTURE AFTER PRIVATIZATION OF A UTILITY

13 SYSTEM.—(1) The Secretary of a military department 

14 may convey, using other than competitive procedures, util15 ity infrastructure under the jurisdiction of the Secretary 

16 on a military installation to a utility or entity to which 

17 a utility system for the installation has been conveyed 

18 under subsection (a) if the Secretary determines the infra19 structure will be part of the utility system and the military 

20 department receives as consideration an amount equal to 

21 the fair market value of the utility infrastructure deter22 mined in the same manner as the consideration the Sec23 retary could require under subsection (c) for a conveyance 

24 under subsection (a). The conveyance may consist of all 

25 right, title, and interest of the United States or such lesser 


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1 estate as the Secretary considers appropriate to serve the 

2 interests of the United States. 

3 ‘‘(2) In lieu of carrying out a military construction 

4 project to construct, repair, or replace utility infrastruc5 ture to be used with a utility system that has been con6 veyed to a utility or entity under subsection (a), the Sec7 retary concerned may provide funds authorized and appro8 priated for the project to such utility or entity for use by 

9 the utility or entity to construct, repair, or replace the util10 ity infrastructure if the Secretary determines the infra11 structure will be part of the utility system. As consider12 ation for the provision of such funds, the Secretary may 

13 require a reduction in charges for utility services in the 

14 same manner as a reduction in charges may be required 

15 under subsection (c) for a conveyance under subsection 

16 (a).’’. 

17 SEC. 2912. PERMANENT AUTHORITY TO PURCHASE MUNIC18 IPAL SERVICES FOR MILITARY INSTALLA19 TIONS IN THE UNITED STATES. 

20 (a) PERMANENT AUTHORITY.—Chapter 141 of title 

21 10, United States Code, is amended by adding at the end 

22 the following new section: 


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1 ‘‘§ 2410q. Procurement of municipal services for mili2 tary installations in the United States 

3 ‘‘(a) AUTHORITY.—(1) The Secretary of a Military 

4 Department may procure municipal services (to include 

5 public works and utility services) for any Military installa6 tion under the jurisdiction of the Secretary in the United 

7 States from a county or municipal government for the geo8 graphic area in which the installation is located. 

9 ‘‘(2) The Secretary may acquire such services using 

10 procedures other than competitive procedures if the Sec11 retary determines the price for such services is fair and 

12 reasonable and— 

13 ‘‘(A) The business case supporting the deter14 mination— 

15 ‘‘(i) describes the availability, benefits, and 

16 drawbacks of alternative sources; and 

17 ‘‘(ii) establishes that performance by the 

18 county or municipal government will not in19 crease costs to the Federal Government when 

20 compared to the cost of continued performance 

21 by the current provider and represents the best 

22 value to the Federal Government; and 

23 ‘‘(B) at least 14 days prior to entering into a 

24 contract with the county or municipal government, 

25 written notification is provided to the congressional 

26 defense committees that includes a summary of the 


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1 business case and explains how the adverse impact, 

2 if any, on the Federal workforce is being minimized. 

3 ‘‘(3) The determination described in subparagraph 

4 (A) shall not be delegated to a level lower than a Deputy 

5 Assistant Secretary for Installations and Environment or 

6 another official at an equivalent level. 

7 ‘‘(b) GUIDANCE.—The Secretary of Defense shall 

8 issue guidance to address the implementation of this sec9 tion.’’. 

10 (b) CONFORMING AMENDMENT.—The table of sec11 tions at the beginning of such chapter is amended by add12 ing at the end the following new item: 

‘‘2410q. Procurement of municipal services for military installations in the 

United States.’’. 

13 SEC. 2913. CLARIFICATION OF CONGRESSIONAL REPORT14 ING REQUIREMENTS FOR CERTAIN REAL 

15 PROPERTY TRANSACTIONS OF THE MILITARY 

16 DEPARTMENTS. 

17 Section 2662(c) of title 10, United States Code, is 

18 amended— 

19 (1) by striking ‘‘river and harbor projects or 

20 flood control projects’’ and inserting ‘‘Army civil 

21 works water resource development projects’’; and 

22 (2) by striking ‘‘acquisition specifically author23 ized in a Military Construction Authorization Act’’ 

24 and inserting ‘‘transaction specifically authorized in 


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1 a Military Construction Authorization Act or other 

2 Act authorizing or directing the activities of the De3 partment of Defense’’. 

4 Subtitle C—Base Closure and 

5 Realignment 

6 SEC. 2921. ANNUAL BASE CLOSURE AND REALIGNMENT RE7 PORT. 

8 Section 2907 of the Defense Base Closure and Re9 alignment Act of 1990 (part A of title XXIX of Public 

10 Law 101–510; 10 U.S.C. 2687 note), as amended, is 

11 amended— 

12 (1) in paragraph (1), by striking ‘‘and realign13 ment’’ each place it appears; 

14 (2) in paragraph (2), by striking ‘‘and realign15 ments’’ each place it appears; and 

16 (3) in paragraphs (3), (4), (5), (6), and (7), by 

17 striking ‘‘or realignment’’ each place it appears. 

18 Subtitle D—Other Matters 

19 SEC. 2931. EXPAND COOPERATIVE AGREEMENT AUTHORITY 

20 FOR MANAGEMENT OF CULTURAL RE21 SOURCES TO INCLUDE OFF-INSTALLATION 

22 MITIGATION. 

23 (a) EXPANDED AUTHORITY.—Section 2684(a) of 

24 title 10, United States Code, is amended to read as fol25 lows: 


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1 ‘‘(a) AUTHORITY.—(1) The Secretary of Defense or 

2 the secretary of a military department, to the extent per3 mitted by the establishment clause, may enter into a coop4 erative agreement with a State, local or tribal government 

5 or other entity— 

6 ‘‘(A) for the preservation, management, mainte7 nance, and improvement of cultural resources; and 

8 ‘‘(B) for the conduct of research regarding cul9 tural resources. 

10 ‘‘(2) Such cultural resources must be located— 

11 ‘‘(A) on a military installation; or 

12 ‘‘(B) off a military installation, but only if the 

13 cooperative agreement directly relieves or eliminates 

14 current or anticipated restrictions that would or 

15 might restrict, impede, or otherwise interfere, wheth16 er directly or indirectly, with current or anticipated 

17 military training, testing, or operations on the in18 stallation. 

19 ‘‘(3) Activities under the cooperative agreement shall 

20 be subject to the availability of funds to carry out the co21 operative agreement.’’. 

22 (b) CULTURAL RESOURCES.—Subsection (c) of such 

23 section is amended by adding at the end the following new 

24 paragraph: 


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1 ‘‘(5) An Indian sacred site, as that term is de2 fined in section 1(b)(iii) of Executive Order 13007.’’. 

3 SEC. 2932. REVISED DEADLINE FOR TRANSFER OF ARLING4 TON NAVAL ANNEX TO ARLINGTON NA5 TIONAL CEMETERY. 

6 Subsection (h) of section 2881 of the Military Con7 struction Authorization Act for Fiscal Year 2000 (division 

8 B of Public Law 106–65; 113 Stat. 879), as amended by 

9 section 2863 of the Military Construction Authorization 

10 Act for Fiscal Year 2002 (division B of Public Law 107– 

11 107; 115 Stat. 1330), section 2851 of the Military Con12 struction Authorization Act for Fiscal Year 2003 (division 

13 B of Public Law 107–314; 116 Stat. 2726), section 2881 

14 of the Military Construction Authorization Act for Fiscal 

15 Year 2005 (division B of Public Law 108–375; 115 Stat. 

16 2153), and section 2871 of the Military Construction Au17 thorization Act for Fiscal Year 2008 (division B of Public 

18 Law 110–181; 122 Stat.ll) is further amended by 

19 striking ‘‘2011’’ in paragraph (1) and inserting ‘‘2012’’. 

20 SEC. 2933. LEASE OF MILITARY FAMILY HOUSING TO THE 

21 SECRETARY OF DEFENSE. 

22 (a) LEASE OF HOUSING.—Subchapter II of chapter 

23 169 of title 10, United States Code, is amended by insert24 ing after section 2837 the following new section: 


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1 ‘‘§ 2838. Lease of military family housing to the Sec2 retary of Defense 

3 ‘‘(a) AUTHORITY.—The Secretary of a military de4 partment may lease military family housing in the Na5 tional Capital Region (as defined in section 2674 of this 

6 title) to the Secretary of Defense. In determining the mili7 tary housing unit to lease under this section, the Secretary 

8 of Defense should first consider any military housing units 

9 then available that are already substantially equipped for 

10 executive communications and security. 

11 ‘‘(b) RENTAL RATE.—A lease under subsection (a) 

12 shall provide for the payment by the lessee of consider13 ation in an amount equal to 105 percent of the monthly 

14 rate for basic allowance for housing prescribed under sec15 tion 403(b) of title 37 for a military member in the pay 

16 grade of O–10 with dependents assigned to duty at the 

17 military installation on which the leased housing unit is 

18 located. A rate so established shall be considered the fair 

19 market value of the lease interest. 

20 ‘‘(c) TREATMENT OF PROCEEDS.—(1) The Secretary 

21 of a military department shall deposit all money rentals 

22 received pursuant to leases entered into by that Secretary 

23 under this section into a special account in the Treasury 

24 established for such military department. 

25 ‘‘(2) The proceeds deposited into the special ac26 count of a military department pursuant to paraVerDate Aug 31 2005 21:36 Apr 18, 2008 Jkt 069200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H5658.IH H5658

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1 graph (1) shall be available to the Secretary of that 

2 military department, without further appropriation, 

3 for maintenance, protection, alteration, repair, im4 provement, or restoration of military housing on the 

5 installation at which the housing leased pursuant to 

6 subsection (a) is located.’’. 

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

8 at the beginning of such subchapter is amended by insert9 ing after the item relating to section 2837 the following 

10 new item: 

‘‘2838. Lease of military family housing to the Secretary of Defense.’’. 

Æ 


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