361 
also shall apply with respect to any subcontractor (at any 
tier) of a prospective contractor if the subcontractor is ex-
pected to perform outside the United States a significant 
portion of the research, design, development, manufac-
turing, assembly, or test and evaluation under the pro-
posal being evaluated. 
(c) DEFINITION.—In this section, the term ‘‘major 
defense acquisition program’’ means a Department of De-
fense acquisition program that is a major defense acquisi-
tion program for the purposes of section 2430 of title 10, 
United States Code. 
Subtitle B—Amendments to Gen-
eral 
Contracting 
Authorities, 
Procedures, and Limitations 
SEC. 811. ACQUISITION WORKFORCE EXPEDITED HIRING 
AUTHORITY. 
Section 1705 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(h) EXPEDITED HIRING AUTHORITY.— 
‘‘(1) For purposes of sections 3304, 5333, and 
5753 of title 5, United States Code, the Secretary 
of Defense may—
362 
‘‘(A) designate any category of acquisition 
positions within the Department of Defense as 
shortage category positions; and 
‘‘(B) utilize the authorities in such sections 
to recruit and appoint highly qualified persons 
directly to positions so designated. 
‘‘(2) The Secretary may not appoint a person to 
a position of employment under this subsection after 
September 30, 2012.’’. 
SEC. 812. DEFINITION OF SYSTEM FOR DEFENSE ACQUISI-
TION CHALLENGE PROGRAM. 
Section 2359b of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(l) SYSTEM DEFINED.—In this section, the term 
‘system’— 
‘‘(1) means— 
‘‘(A) the organization of hardware, soft-
ware, material, facilities, personnel, data, and 
services needed to perform a designated func-
tion with specified results (such as the gath-
ering of specified data, its processing, and its 
delivery to users); or 
‘‘(B) a combination of two or more inter-
related pieces (or sets) of equipment arranged
363 
in a functional package to perform an oper-
ational function or to satisfy a requirement; and 
‘‘(2) includes a major system (as defined in sec-
tion 2302(5) of this title).’’. 
SEC. 813. CAREER PATH AND OTHER REQUIREMENTS FOR 
MILITARY PERSONNEL IN THE ACQUISITION 
FIELD. 
(a) ACQUISITION PERSONNEL REQUIREMENTS.— 
(1) IN
GENERAL.—Chapter 87 of title 10, 
United States Code, is amended by inserting after 
section 1722 the following new section: 
‘‘§ 1722a. Special requirements for military personnel 
in the acquisition field 
‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE RE-
GARDING MILITARY PERSONNEL IN ACQUISITION.—The 
Secretary of Defense shall require the Secretary of each 
military department (with respect to the military depart-
ments) and the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics (with respect to the Office 
of the Secretary of Defense, the unified combatant com-
mands, the Defense Agencies, and Defense Field Activi-
ties), to establish policies and issue guidance to ensure the 
proper development, assignment, and employment of mem-
bers of the armed forces in the acquisition field to achieve 
the objectives of this section as specified in subsection (b).
364 
‘‘(b) OBJECTIVES.—Policies established and guidance 
issued pursuant to subsection (a) shall ensure, at a min-
imum, the following: 
‘‘(1) A career path in the acquisition field that 
attracts the highest quality officers and enlisted per-
sonnel. 
‘‘(2) A number of command positions and sen-
ior non-commissioned officer positions, including ac-
quisition billets reserved for general officers and flag 
officers under subsection (c), sufficient to ensure 
that members of the armed forces have opportunities 
for promotion and advancement in the acquisition 
field. 
‘‘(3) A number of qualified, trained members of 
the armed forces eligible for and active in the acqui-
sition field sufficient to ensure the appropriate use 
of military personnel in contingency contracting. 
‘‘(c) RESERVATION OF ACQUISITION BILLETS FOR 
GENERAL OFFICERS AND FLAG OFFICERS.—(1) The Sec-
retary of Defense shall establish for each military depart-
ment a minimum number of billets coded or classified for 
acquisition personnel that are reserved for general officers 
and flag officers and shall ensure that the policies estab-
lished and guidance issued pursuant to subsection (a) by 
the Secretary of that military department reserve at least
365 
that minimum number of billets and fill the billets with 
qualified and trained general officers and flag officers. 
‘‘(2) The Secretary of Defense shall ensure that a 
sufficient number of billets for acquisition personnel who 
are general officers or flag officers exist within the Office 
of the Secretary of Defense, the unified combatant com-
mands, the Defense Agencies, and the Defense Field Ac-
tivities. 
‘‘(3) The Secretary of Defense shall ensure that a 
portion of the billets referred to in paragraphs (1) and 
(2) involve command of organizations primarily focused on 
contracting. 
‘‘(d) RELATIONSHIP
TO
LIMITATION
ON
PREF-
ERENCE FOR MILITARY PERSONNEL.—Any designation or 
reservation of a position for a member of the armed forces 
as a result of a policy established or guidance issued pur-
suant to this section shall be deemed to meet the require-
ments for an exception under paragraph (2) of section 
1722(b) of this title from the limitation in paragraph (1) 
of such section. 
‘‘(e) REPORT.—Not later than January 1 of each 
year, the Secretary of each military department shall sub-
mit to the Under Secretary of Defense for Acquisition, 
Technology, and Logistics a report describing how the 
Secretary fulfilled the objectives of this section in the pre-
366 
ceding calendar year. The report shall include information 
on the reservation of acquisition billets for general officers 
and flag officers within the department.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1722 
the following new item: 
‘‘1722a. Special requirements for military personnel in the acquisition field.’’. 
(b) ADDITIONAL ITEM FOR INCLUSION IN STRATEGIC 
PLAN.—Section 543(f)(3)(E) of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat 116) is amended by inserting after ‘‘officer 
assignments and grade requirements’’ the following: ‘‘, in-
cluding requirements relating to the reservation of billets 
in the acquisition field for general and flag officers,’’. 
SEC. 814. TECHNICAL DATA RIGHTS FOR NON-FAR AGREE-
MENTS. 
(a) RIGHTS IN TECHNICAL DATA FOR NON-FAR 
AGREEMENTS.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by inserting after 
section 2320 the following new section: 
‘‘§ 2320a. Rights in technical data for non-FAR agree-
ments 
‘‘(a) POLICY GUIDANCE.—
367 
‘‘(1) The Secretary of Defense shall issue policy 
guidance with respect to the use of a non-FAR 
agreement for the development of a major weapon 
system or an item of personnel protective equipment. 
‘‘(2) The guidance shall— 
‘‘(A) define the legitimate interest of the 
United States and a party to such an agree-
ment in technical data pertaining to an item or 
process to be developed under the agreement, 
including, at a minimum, the interest of— 
‘‘(i) the United States in increasing 
competition and lowering costs by devel-
oping and locating alternative sources of 
supply and manufacture; 
‘‘(ii) the United States in the ability 
to conduct emergency repair and overhaul; 
or 
‘‘(iii) the party to the agreement to 
restrict the release of technical data relat-
ing to an item or process developed at pri-
vate expense; and 
‘‘(B) require that specific rights in tech-
nical data shall be established during agreement 
negotiations and be based upon negotiations be-
tween the United States and the potential party
369 
ment to reflect engineering design changes made 
during the performance of the agreement and affect-
ing the form, fit, and function of the items specified 
in the agreement and to deliver such revised tech-
nical data to an agency within a time specified in 
the agreement; and 
‘‘(6) establishing remedies to be available to the 
United States when technical data required to be de-
livered or made available under the agreement is 
found to be incomplete or inadequate or to not sat-
isfy the requirements of the agreement concerning 
technical data. 
‘‘(c) ASSESSMENT OF LONG-TERM TECHNICAL DATA 
NEEDS.—The Secretary of Defense shall require the pro-
gram manager for a major weapon system or an item of 
personnel protective equipment that is to be developed 
using a non-FAR agreement described in subsection (a) 
to assess the long-term technical data needs of such sys-
tems and items, in accordance with the requirements of 
section 2320(e) of this title. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘non-FAR agreement’ means an 
agreement that is not subject to laws pursuant to 
which the Federal Acquisition Regulation is pre-
scribed, including—
370 
‘‘(A) a transaction authorized under sec-
tion 2371 of this title; and 
‘‘(B) a cooperative research and develop-
ment agreement. 
‘‘(2) The term ‘party’, with respect to a non- 
FAR agreement, means a non-Federal entity and in-
cludes any of the following: 
‘‘(A) A contractor and its subcontractors 
(at any tier). 
‘‘(B) A joint venture. 
‘‘(C) A consortium.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 2320 
the following new item: 
‘‘2320a. Rights in technical data for non-FAR agreements.’’. 
(b) REPORT ON LIFE CYCLE PLANNING FOR TECH-
NICAL DATA NEEDS.—Not later than 120 days after the 
date of enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the 
implementation of the requirements in section 2320(e) of 
title 10, United States Code, for the assessment of long- 
term technical data needs to sustain major weapon sys-
tems. Such report shall include—
371 
(1) a description of all relevant guidance or 
policies issued; 
(2) the extent to which program managers have 
received training to better assess the long-term tech-
nical data needs of major weapon systems and sub-
systems; 
(3) a description of the data rights strategies 
developed prior to the issuance of contract solicita-
tions released since October 17, 2006; and 
(4) a characterization of the extent to which 
such strategies made use of priced contract options 
for the future delivery of technical data or acquired 
all relevant technical data upon contract award. 
SEC. 815. CLARIFICATION THAT COST ACCOUNTING STAND-
ARDS APPLY TO FEDERAL CONTRACTS PER-
FORMED OUTSIDE THE UNITED STATES. 
(a) CLARIFICATION.—Section 26(f)(2)(A) of the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 
422(f)(2)(A)) is amended by adding at the end the fol-
lowing: ‘‘, whether the contracts or subcontracts are per-
formed inside or outside the United States’’. 
(b) IMPLEMENTING REGULATIONS.—Not later than 
180 days after the date of the enactment of this Act, the 
cost accounting standards promulgated under section 26
372 
of such Act shall be amended to take into account the 
amendment made by subsection (a). 
Subtitle C—Provisions Relating to 
Inherently Governmental Func-
tions 
SEC. 821. POLICY ON PERSONAL CONFLICTS OF INTEREST 
BY EMPLOYEES OF DEPARTMENT OF DE-
FENSE CONTRACTORS. 
(a) POLICY REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall develop a standard policy aimed at pre-
venting personal conflicts of interest by employees of De-
partment of Defense contractors that is similar to the pol-
icy of the Department of Defense aimed at preventing 
such conflicts by Department of Defense civilian employ-
ees. 
(b) ELEMENTS
OF POLICY.—The policy required 
under subsection (a) shall— 
(1) provide a definition of the term ‘‘personal 
conflict of interest’’ as it relates to employees of De-
partment of Defense contractors; 
(2) identify types of contracts that raise height-
ened concerns for potential personal conflicts of in-
terest; and
373 
(3) require each contractor that participates in 
the Department’s decision-making in such mission- 
critical areas as the development, award, and admin-
istration of Government contracts, and each con-
tractor that is closely supporting inherently govern-
mental functions, to— 
(A) identify and prevent personal conflicts 
of interest for employees of the contractor who 
are performing such functions; 
(B) report any personal conflict-of-interest 
violation to the applicable contracting officer or 
contracting officer’s representative as soon as it 
is identified; 
(C) maintain effective oversight to verify 
compliance with personal conflict-of-interest 
safeguards; and 
(D) have procedures in place to screen for 
potential conflicts of interest for all employees 
in a position to make or materially influence 
findings, recommendations, and decisions re-
garding Department of Defense contracts and 
other advisory and assistance functions, either 
by screening on a task-by-task basis or on an 
annual basis.
374 
(c) CONTRACT CLAUSE.—The Secretary shall include 
in each contract entered into by the Secretary for the per-
formance of functions described in subsection (b)(3) a 
clause that reflects the personal conflicts-of-interest policy 
developed under this section and that sets forth the con-
tractor’s responsibility under such policy. 
(d) PANEL
ON
CONTRACTING
INTEGRITY
REC-
OMMENDATIONS.— The Department of Defense Panel on 
Contracting Integrity, established by the section 813 of 
the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364), shall consider 
and make recommendations on the feasibility of applying 
certain procurement integrity rules to employees of De-
partment of Defense contractors to include such rules re-
lated to— 
(1) improper business practices and personal 
conflicts of interest under Federal Acquisition Regu-
lations 3.104; 
(2) public corruption; 
(3) financial conflicts of interest; 
(4) seeking other employment conflicts of inter-
est; 
(5) gifts and travel; and 
(6) misuse of position or endorsement.
376 
‘‘§ 2410r. Performance-based logistics arrangements: 
limitation on product support integrator 
functions 
‘‘(a) LIMITATION.—A function that is a product sup-
port integrator function may be performed only by a mem-
ber of the armed forces or an employee of the Department 
of Defense. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘product support integrator func-
tion’ means, with respect to a performance-based lo-
gistics arrangement, the function of integrating all 
sources of support, both public and private, to 
achieve the specific outcomes specified in the ar-
rangement. 
‘‘(2) The term ‘performance-based logistics ar-
rangement’ means a performance-based contract, 
task order, or other arrangement for the logistics 
support— 
‘‘(A) of a weapon system or major end 
item over the life cycle of the system or item; 
or 
‘‘(B) of parts, assemblies, subassemblies, 
or platforms of a weapon system or major end 
item.
377 
‘‘(3) The term ‘performance-based’ has the 
meaning given such term in section 2331(g) of this 
title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding after the item relating to section 2410q 
the following new item: 
‘‘2410r. Performance-based logistics arrangements: limitation on product sup-
port integrator functions.’’. 
(b) EFFECTIVE DATE.—Section 2410r of title 10, 
United States Code, as added by subsection (a), shall 
apply to performance-based logistics arrangements en-
tered into after September 30, 2010. 
SEC. 824. PERFORMANCE BY PRIVATE SECURITY CONTRAC-
TORS 
OF 
INHERENTLY 
GOVERNMENTAL 
FUNCTIONS IN AN AREA OF COMBAT OPER-
ATIONS. 
(a) MODIFICATION
OF REGULATIONS.—Not later 
than 60 days after the date of the enactment of this Act, 
the regulations prescribed by the Secretary of Defense 
pursuant to section 862(a) of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 254; 10 U.S.C. 2302 note) shall be modi-
fied to ensure that private security contractors are not au-
thorized to perform inherently governmental functions in 
an area of combat operations.
378 
(b) GUIDANCE.—After the issuance of regulations to 
implement the actions required by section 322 of this Act, 
the Secretary of Defense shall issue supplementary guid-
ance to describe functions that should not be performed 
by private security contractors because they constitute in-
herently governmental functions. 
(c) PERIODIC REVIEW OF PERFORMANCE OF FUNC-
TIONS.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall, in coordination with the heads of other appro-
priate agencies, periodically review the performance 
of private security functions in areas of combat op-
erations to ensure that such functions are authorized 
and performed in a manner consistent with the re-
quirements of this section. 
(2) REPORTS.—Not later than June 1 of each 
of 2009, 2010, and 2011, the Secretary shall submit 
to the congressional defense committees a report on 
the results of the most recent review conducted 
under paragraph (1).
379 
Subtitle D—Defense Industrial 
Security 
SEC. 831. REQUIREMENTS RELATING TO FACILITY CLEAR-
ANCES. 
Chapter 21 of title 10, United States Code, is amend-
ed by adding at the end the following new subchapter: 
‘‘SUBCHAPTER III—DEFENSE INDUSTRIAL 
SECURITY 
‘‘Sec. 438. Facility clearances: requirements. 
‘‘§ 438. Facility clearances: requirements 
‘‘(a) FACILITY
CLEARANCES: GENERAL
PROVI-
SIONS.— 
‘‘(1) ACCESS TO CLASSIFIED INFORMATION BY 
CONTRACTORS.—A contractor of the Department of 
Defense may not be granted custody of classified in-
formation unless the contractor has a facility clear-
ance. 
‘‘(2) REQUIREMENTS FOR ENTITIES WITH FA-
CILITY CLEARANCES.—An entity may not be granted 
a facility clearance by the Department of Defense or 
continue to hold such a facility clearance unless the 
entity agrees to comply with, and maintains compli-
ance with, the requirements set forth in this sub-
chapter.
380 
‘‘(3) AUTHORITY TO REVOKE OR SUSPEND FA-
CILITY
CLEARANCES.—The Secretary of Defense 
may revoke or suspend a facility clearance granted 
by the Department of Defense at any time. 
‘‘(b) GENERAL
REQUIREMENTS
FOR
FACILITY 
CLEARANCES.—The Secretary of Defense shall require an 
entity granted a facility clearance by the Department of 
Defense to comply with the following requirements: 
‘‘(1) The entity shall safeguard classified infor-
mation in its possession. 
‘‘(2) The entity shall safeguard covered con-
trolled unclassified information in its possession. 
‘‘(3) The entity shall ensure that it complies 
with Department of Defense security agreements, 
contract provisions regarding security, and relevant 
regulations of the Department of Defense pertaining 
to industrial security. 
‘‘(4) The entity shall ensure that its business 
and management practices do not result in the com-
promise of classified information or adversely affect 
the performance of classified contracts. 
‘‘(5) The entity shall undergo a determination 
under section 439 of this title of whether the entity 
is under foreign ownership control or influence and 
shall comply with ongoing notification requirements
381 
under that section related to foreign ownership and 
control. 
‘‘(c) REQUIREMENTS FOR DIRECTORS OF ENTITIES 
WITH FACILITY CLEARANCES.— 
‘‘(1) REQUIREMENTS.—Except as provided in 
paragraph (3), the Secretary of Defense shall re-
quire an entity with a facility clearance to require 
the directors on the entity’s board of directors to en-
sure, in their capacity as fiduciaries of the entity, 
that the entity employs and maintains policies and 
procedures that meet the general requirements for 
facility clearances listed in subsection (b). 
‘‘(2) BY-LAWS
REQUIREMENT.—The require-
ments of paragraph (1) shall be set forth in the by- 
laws of the entity. 
‘‘(3) EXCEPTIONS.—(A) The Secretary of De-
fense may waive the requirements of paragraph (1) 
for reasons of national security. In the event the 
Secretary grants such a waiver, the Secretary shall 
submit to the Committees on Armed Services of the 
Senate and the House of Representatives a notifica-
tion that such a waiver has been granted and a jus-
tification for granting the waiver. 
‘‘(B) The requirements of paragraph (1) shall 
not apply to an entity determined by the Secretary
382 
of Defense under section 439(a) of this title to be 
under foreign ownership control or influence. 
‘‘(d) REQUIREMENTS RELATING TO SECURITY MAN-
AGEMENT OF ENTITIES WITH FACILITY CLEARANCES.— 
‘‘(1) DESIGNATION
OF
EMPLOYEE
RESPON-
SIBLE
FOR
SECURITY.—The Secretary of Defense 
shall require an entity, in consultation with and sub-
ject to the approval of the chairman of its board of 
directors, to designate an employee who meets the 
requirements of paragraph (2) to be responsible for 
the following: 
‘‘(A) Reporting to the board of directors of 
the entity as its principal advisor concerning 
the general requirements for facility clearances 
listed in subsection (b), the manner in which 
they are carried out through the policies and 
procedures required by subsection (c), and the 
related Federal requirements for classified in-
formation. 
‘‘(B) Supervising and directing security 
measures necessary for implementing such re-
quirements, policies, and procedures. 
‘‘(C) Establishing and administering all 
intracompany procedures to prevent unauthor-
ized disclosure and export of controlled unclas-
383 
sified information and ensuring that the entity 
otherwise complies with the requirements of 
Federal export control laws. 
‘‘(2) QUALIFICATIONS OF EMPLOYEE.—An em-
ployee may not be designated to be responsible for 
the matters described in paragraph (1) unless the 
employee— 
‘‘(A) is a citizen of the United States; 
‘‘(B) obtains a security clearance at the 
same level as the facility clearance; and 
‘‘(C) completes security training that 
meets the requirements of the Department of 
Defense. 
‘‘(e) REQUIREMENTS RELATING TO MANAGEMENT 
RESPONSIBILITIES
FOR
ENTITIES
WITH
FACILITY 
CLEARANCES.—The Secretary of Defense shall require an 
entity with a facility clearance to provide a certification 
of security responsibilities to the Secretary. The certifi-
cation of security responsibilities shall— 
‘‘(1) affirm the entity’s responsibility— 
‘‘(A) to identify the key management per-
sonnel of the entity involved in the performance 
of classified contracts or in the setting of poli-
cies and practices for such contracts and to des-
384 
ignate a security manager with primary respon-
sibility for security functions; 
‘‘(B) to ensure that such key management 
personnel of the entity meet all eligibility re-
quirements for the performance of classified 
contracts; 
‘‘(C) to provide such key management per-
sonnel of the entity with all the authority and 
capability necessary to safeguard classified in-
formation and covered controlled unclassified 
information in the performance of classified 
contracts in accordance with regulations pre-
scribed by the Secretary; and 
‘‘(D) to manage all subcontractors and 
suppliers of the entity performing work on a 
classified contract to ensure that use of such 
subcontractors and suppliers does not result in 
the compromise of classified information or ad-
versely affect the performance of classified con-
tracts; 
‘‘(2) be signed by an appropriate member of the 
board of directors of the entity or a similar executive 
body determined by the Secretary to function as an 
equivalent to a board of directors;
385 
‘‘(3) be disseminated to all appropriate per-
sonnel of the entity; and 
‘‘(4) be updated as necessary according to pro-
cedures proscribed by the Secretary. 
‘‘(f) REPORTING REQUIREMENTS.—The Secretary of 
Defense shall require an entity with a facility clearance 
to submit to the Department of Defense a report on any 
event— 
‘‘(1) that affects the status of the facility clear-
ance; 
‘‘(2) that affects proper safeguarding of classi-
fied information or that indicates classified informa-
tion has been lost or compromised; 
‘‘(3) that affects the entity’s compliance with 
Department of Defense security agreements, con-
tract provisions regarding security, and relevant reg-
ulations of the Department of Defense pertaining to 
industrial security; or 
‘‘(4) that is related to the entity’s business and 
management practices that results in the com-
promise of classified information.’’. 
SEC. 832. FOREIGN OWNERSHIP CONTROL OR INFLUENCE. 
(a) IN GENERAL.—Subchapter III of chapter 21 of 
title 10, United States Code, as added by section 831, is 
amended by adding at the end the following new section:
386 
‘‘§ 439. Foreign ownership control or influence 
‘‘(a) DETERMINATION
OF
FOREIGN
OWNERSHIP 
CONTROL OR INFLUENCE.— 
‘‘(1) IN GENERAL.—Before granting a facility 
clearance to an entity, and while such entity holds 
a facility clearance, the Secretary of Defense shall 
determine whether an entity is under foreign owner-
ship control or influence (in this subchapter referred 
to as ‘FOCI’). 
‘‘(2) DESCRIPTION OF FOCI.—For purposes of 
paragraph (1), the Secretary shall determine an en-
tity to be under FOCI if a foreign interest has the 
power, direct or indirect, whether or not exercised, 
and whether or not exercisable through the owner-
ship of the entity’s securities, by contractual ar-
rangements or other means, to direct or decide mat-
ters affecting the management or operations of that 
entity in a manner that may result in— 
‘‘(A) unauthorized access to classified in-
formation; 
‘‘(B) unauthorized access to covered con-
trolled unclassified information; 
‘‘(C) an adverse effect on the performance 
of classified contracts; or 
‘‘(D) an adverse effect on the entity’s com-
pliance with Department of Defense security
387 
agreements, appropriate contract provisions re-
garding security, and relevant Department reg-
ulations pertaining to industrial security. 
‘‘(b) FOCI FACTORS.— 
‘‘(1) IN GENERAL.—The following factors relat-
ing to an entity, a foreign interest, or a government 
of a foreign interest shall be considered by the Sec-
retary of Defense in determining under this section 
whether an entity is under foreign ownership control 
or influence and the protective measures that may 
be required to mitigate the FOCI of the entity: 
‘‘(A) Record of economic and government 
espionage against United States targets by the 
entity, by any foreign interest in the entity, and 
by the government of any such foreign interest. 
‘‘(B) Record of enforcement of covered 
controlled unclassified information or engage-
ment in unauthorized technology transfer. 
‘‘(C) The type and sensitivity of the infor-
mation expected to be accessed in performing a 
classified contract. 
‘‘(D) The source, nature, and extent of 
FOCI, including whether foreign interests hold 
a majority or substantial minority position in 
the entity, taking into consideration the imme-
388 
diate, intermediate, and ultimate parent enti-
ties, sister entities, joint ventures, and hedge 
funds. 
‘‘(E) Record of compliance with pertinent 
United States laws, regulations, and contracts 
by the entity, by the foreign interest (if any) in 
the entity, and by parent entities, sister enti-
ties, joint ventures, and hedge funds. 
‘‘(F) The nature of any bilateral and mul-
tilateral security and information exchange 
agreements that may pertain to the entity, any 
foreign interest in the entity, and the govern-
ment of any such foreign interest. 
‘‘(G) Ownership, control, or influence of 
the entity, in whole or in part, by a foreign gov-
ernment. 
‘‘(2) MINORITY
POSITION.—For purposes of 
paragraph (1)(D), a minority position shall be con-
sidered substantial if— 
‘‘(A) it consists of greater than 5 percent 
of the ownership interests; 
‘‘(B) it consists of greater than 10 percent 
of the voting interest; or 
‘‘(C) the minority position controls a seat 
on the entity’s board of directors.
389 
‘‘(c) MITIGATION OF FOREIGN OWNERSHIP CONTROL 
OR INFLUENCE.— 
‘‘(1) PROTECTIVE MEASURES AUTHORIZED FOR 
MITIGATION OF FOCI.—With respect to any entity 
with a facility clearance under FOCI, as determined 
under subsection (a), the Secretary of Defense may 
impose any security method, safeguard, or restric-
tion the Secretary believes necessary to ensure that 
the entity complies with the general requirements for 
facility clearances listed in subsection (b) of section 
438 of this title. 
‘‘(2) GOVERNMENT SECURITY COMMITTEE RE-
QUIREMENT FOR MITIGATION OF FOCI.— 
‘‘(A) IN GENERAL.—As part of the mitiga-
tion of foreign ownership control or influence of 
an entity determined to be under FOCI, the 
Secretary of Defense shall require the entity to 
establish a permanent committee of the entity’s 
board of directors, or equivalent executive body, 
to be known as the entity’s ‘Government Secu-
rity Committee’, for purposes of carrying out 
the requirements of this paragraph. 
‘‘(B) RESPONSIBILITIES OF GSC.—The re-
sponsibilities of the Government Security Com-
mittee of an entity are to ensure that the entity
390 
employs and maintains policies and procedures 
that ensure that the entity complies with the 
general requirements for facility clearances list-
ed in subsection (b) of section 438 of this title. 
‘‘(C) ROLE
OF
SECURITY
MANAGER
IN 
GSC.—The employee of the entity designated 
pursuant to section 438(d)(1) as the security 
manager shall be the principal advisor to the 
Government Security Committee and attend 
committee meetings. The chairman of the Gov-
ernment Security Committee must concur with 
the appointment and replacement of persons 
filling the position of security manager selected 
by management of the entity. The functions of 
the security manager shall be carried out under 
the authority of the Government Security Com-
mittee. 
‘‘(3) RELATIONSHIP
TO
FACILITY
CLEAR-
ANCE.—In the case of an entity with a facility clear-
ance under FOCI, as determined under subsection 
(a), the following provisions apply with respect to 
the status of the facility clearance of the entity: 
‘‘(A) CONTINUATION
IN
EFFECT
WHILE 
NEGOTIATING MITIGATION MEASURE.—The fa-
cility clearance of the entity shall continue in
391 
effect if the entity is negotiating with the Sec-
retary a mitigation measure and the Secretary 
determines that there is no indication that clas-
sified information or covered controlled unclas-
sified information is at risk of compromise. 
‘‘(B) INVALIDATION
IF
NO
MITIGATION 
MEASURE WITHIN SIX MONTHS.—(i) Subject to 
subparagraph (C), the Secretary shall invalidate 
the facility clearance of the entity if an accept-
able mitigation measure has not been agreed to 
by the Secretary and the entity by the end of 
the six-month period beginning on the date of 
the determination by the Secretary that the en-
tity is under FOCI. 
‘‘(ii) The six-month period described in 
clause (i) may be extended for one additional 
three-month period upon request by the entity 
if the Secretary approves an extension. 
‘‘(C) REVOCATION IF POSSIBILITY OF UN-
AUTHORIZED ACCESS OR ADVERSE EFFECT.— 
The Secretary shall revoke the facility clearance 
of the entity at any time if, regardless of wheth-
er the entity is negotiating a mitigation meas-
ure with the Secretary, the Secretary deter-
mines that security measures cannot be taken
392 
to remove the possibility of unauthorized access 
or an adverse effect on classified contracts. 
‘‘(d) NOTIFICATION TO DEPARTMENT OF DEFENSE 
REGARDING CHANGE IN FOCI.—The Secretary of De-
fense shall require an entity to notify the Secretary when 
material changes occur to information previously sub-
mitted to the Department of Defense pertaining to the 
FOCI factors affecting the entity as soon as such informa-
tion is known to the entity. 
‘‘(e) NOTIFICATION TO DEPARTMENT OF DEFENSE 
REGARDING MERGERS, ACQUISITIONS, OR TAKEOVERS BY 
FOREIGN PERSONS.—The Secretary of Defense shall re-
quire that when an entity with a facility clearance enters 
into negotiations for a proposed merger, acquisition, or 
takeover by a foreign person, the entity shall submit to 
the Secretary of Defense a notification of the commence-
ment of such negotiations and a plan to negate the FOCI 
resulting from the transaction.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘Sec. 439. Foreign ownership control or influence.’’.
393 
SEC. 833. CONGRESSIONAL OVERSIGHT RELATING TO FA-
CILITY CLEARANCES AND FOREIGN OWNER-
SHIP 
CONTROL 
OR 
INFLUENCE; 
DEFINI-
TIONS. 
(a) NOTIFICATIONS AND REPORTS.—Subchapter III 
of chapter 21 of title 10, United States Code, as added 
by section 831, is further amended by adding at the end 
the following new section: 
‘‘§ 440. Notifications and reports 
‘‘(a) NOTIFICATIONS REQUIRED.—The Secretary of 
Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a no-
tification within 30 days after the occurrence of any of 
the following: 
‘‘(1) The revocation or suspension by the Sec-
retary of a facility clearance of an entity previously 
determined to be under foreign ownership control or 
influence. 
‘‘(2) The receipt by the Secretary of a notifica-
tion under section 439(d) from an entity that the 
entity has entered into negotiations for a proposed 
merger, acquisition, or takeover by a foreign person. 
‘‘(b) BIANNUAL REPORT.—(1) The Secretary of De-
fense shall, not later than September 1, 2009, and bian-
nually thereafter, submit to the Committees on Armed
394 
Services of the Senate and the House of Representatives 
a report containing the following: 
‘‘(A) Specific, cumulative, and, as appropriate, 
trend information on the numbers of entities— 
‘‘(i) holding facility clearances; 
‘‘(ii) that have reported a material change 
relating to FOCI factors; 
‘‘(iii) that have measures in place to miti-
gate foreign ownership control or influence; or 
‘‘(iv) that have had a facility clearance sus-
pended or revoked. 
‘‘(B) Specific, cumulative, and, as appropriate, 
trend information, on— 
‘‘(i) the entities that have filed for or 
maintain facility clearances; 
‘‘(ii) the number of such entities deter-
mined to be under foreign ownership control or 
influence; 
‘‘(iii) the countries from which such enti-
ties have originated; 
‘‘(iv) the number that went through the 
Committee on Foreign Investment in the 
United States; and 
‘‘(v) the types of security arrangements 
and conditions that the Government Security
395 
Committees of entities have used to mitigate 
foreign ownership control or influence. 
‘‘(C) An analysis of trends in the Industrial Se-
curity Program, including an assessment of the 
number and types of errors found in compliance 
within the Program. 
‘‘(D) An analysis of the details of companies 
that have committed violations of the Industrial Se-
curity Program and the frequency of the violations, 
including the number of companies that have com-
mitted recurring violations. 
‘‘(E) A description of the corrective actions, if 
any, taken by the Defense Security Service to ad-
dress the violations. 
‘‘(2) The information required under paragraph 
(1)(B) shall be organized and set forth separately in the 
report by defense sector within the defense industrial base. 
‘‘(3) The report shall be submitted in an unclassified 
form, but may contain a classified annex.’’. 
(b) DEFINITIONS.—Subchapter III of chapter 21 of 
title 10, United States Code, as added by section 831, is 
further amended by adding at the end the following new 
section: 
‘‘§ 440a. Definitions 
‘‘In this subchapter:
396 
‘‘(1) ENTITY.—The term ‘entity’ includes a cor-
poration, company, association, firm, partnership, 
society, or joint stock company, but does not include 
an individual. 
‘‘(2) FACILITY CLEARANCE.—The term ‘facility 
clearance’, with respect to an entity, means an ad-
ministrative determination by the Secretary of De-
fense that the entity is eligible for— 
‘‘(A) access to classified information; or 
‘‘(B) award of a classified contract. 
‘‘(3) CLASSIFIED
INFORMATION.—The term 
‘classified information’ means any information that 
has been determined pursuant to Executive Order 
12958 or any predecessor order to require protection 
against unauthorized disclosure and is so designated. 
The classifications ‘top secret’, ‘secret’, and ‘con-
fidential’ are used to designate such information. 
‘‘(4) CLASSIFIED CONTRACT.—The term ‘classi-
fied contract’ means any contract requiring access to 
classified information by a contractor or the contrac-
tor’s employees in the performance of the contract 
or in any phase of precontract activity or post-con-
tract activity. 
‘‘(5) COVERED CONTROLLED UNCLASSIFIED IN-
FORMATION.—The term ‘covered controlled unclassi-
397 
fied information’ means unclassified information the 
export of which— 
‘‘(A) is controlled, in the case of technical 
data that is inherently military in nature, by 
the International Traffic in Arms Regulations 
(ITAR); and 
‘‘(B) is controlled, in the case of technical 
data that has both military and commercial 
uses, by the Export Administration Regulations 
(EAR).’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new items: 
‘‘Sec. 440. Notifications and reports. 
‘‘Sec. 440a. Definitions.’’. 
(d) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out subchapter III of chap-
ter 21 of title 10, United States Code, not later than Sep-
tember 1, 2009. 
(e) STUDY AND REPORT.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall conduct a study on investments in entities cov-
ered by subchapter III of chapter 21 of title 10, 
United States Code, as added by this title. The 
study shall examine investments in such entities 
by—
398 
(A) foreign governments; 
(B) entities controlled by or acting on be-
half of a foreign government; 
(C) persons of foreign countries; and 
(D) hedge funds. 
(2) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress a report on the 
results of the study conducted under paragraph (1). 
The information in the report shall be organized and 
set forth separately by defense sector within the de-
fense industrial base. 
Subtitle E—Other Matters 
SEC. 841. CLARIFICATION OF STATUS OF GOVERNMENT 
RIGHTS IN THE DESIGNS OF DEPARTMENT 
OF DEFENSE VESSELS, BOATS, AND CRAFT, 
AND COMPONENTS THEREOF. 
(a) IN GENERAL.—Chapter 633 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 7317. Status of Government rights in the designs of 
vessels, boats, and craft, and components 
thereof 
‘‘Government rights in the design of a vessel, boat, 
or craft, or its components, including the hull, decks, and
399 
superstructure, shall be determined solely by operation of 
section 2320 of this title or by the instrument under which 
the design was developed for the Government.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘7317. Status of Government rights in the designs of vessels, boats, and craft, 
and components thereof.’’. 
SEC. 842. EXPANSION OF AUTHORITY TO RETAIN FEES 
FROM LICENSING OF INTELLECTUAL PROP-
ERTY. 
Section 2260 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘or the Sec-
retary of Homeland Security’’ after ‘‘Secretary of 
Defense’’; and 
(2) in subsection (f)— 
(A) by striking ‘‘(f) DEFINITIONS.—In this 
section, the’’ and inserting the following: 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) The term ‘Secretary concerned’ has the 
meaning provided in section 101(a)(9) of this title 
and also includes—
400 
‘‘(A) the Secretary of Defense, with respect 
to matters concerning the Defense Agencies and 
Department of Defense Field Activities; and 
‘‘(B) the Secretary of Homeland Security, 
with respect to matters concerning the Coast 
Guard when it is not operating as a service in 
the Department of the Navy.’’. 
SEC. 843. TRANSFER OF SECTIONS OF TITLE 10 RELATING 
TO MILESTONE A AND MILESTONE B FOR 
CLARITY. 
(a) REVERSAL OF ORDER OF SECTIONS.—Section 
2366b of title 10, United States Code, is transferred so 
as to appear before section 2366a of such title. 
(b) REDESIGNATION OF SECTIONS.—Section 2366b 
(relating to Milestone A) and section 2366a (relating to 
Milestone B) of such title, as so transferred, are redesig-
nated as sections 2366a and 2366b, respectively. 
(c) TECHNICAL AMENDMENT.—The table of sections 
at the beginning of chapter 139 of title 10, United States 
Code, is amended by striking the items relating sections 
2366a and 2366b and inserting the following new items: 
‘‘2366a. Major defense acquisition programs: certification required before Mile-
stone A or Key Decision Point A approval. 
‘‘2366b. Major defense acquisition programs: certification required before Mile-
stone B or Key Decision Point B approval.’’. 
(d) CONFORMING AMENDMENTS.—
401 
(1) SECTION 181 OF TITLE 10, UNITED STATES 
CODE.—Section 181(b)(4) of title 10, United States 
Code, is amended by striking ‘‘section 2366a(a)(4), 
section 2366b(b),’’ and inserting ‘‘section 2366a(b), 
section 2366b(a)(4),’’. 
(2) NATIONAL DEFENSE AUTHORIZATION ACT 
FOR FISCAL YEAR 2008.—The National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 
110–181) is amended— 
(A) in section 212(1) by striking ‘‘2366a’’ 
and inserting ‘‘2366b’’; and 
(B) in section 816— 
(i) in subsection (a)(2) by striking 
‘‘2366a’’ and inserting ‘‘2366b’’; 
(ii) in subsection (a)(3) by striking 
‘‘2366b of title 10, United States Code, as 
added by section 943 of this Act’’ and in-
serting ‘‘2366a of title 10, United States 
Code’’; and 
(iii) in subsection (c)(2) by striking 
‘‘2366a’’ each place such term appears (in-
cluding in the paragraph heading) and in-
serting ‘‘2366b’’. 
(3) JOHN
WARNER
NATIONAL
DEFENSE
AU-
THORIZATION
ACT
FOR
FISCAL
YEAR
2007.—The
402 
John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364) is 
amended in section 812 (120 Stat. 2317), in each of 
subsections (c)(2)(A) and (d)(2), by striking 
‘‘2366a’’ and inserting ‘‘2366b’’. 
SEC. 844. EARNED VALUE MANAGEMENT STUDY AND RE-
PORT. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study that— 
(1) assesses weaknesses in earned value man-
agement implementation, including a review of the 
methodology, accuracy of data, training, and infor-
mation technology systems used to develop earned 
value management data; 
(2) audits the accuracy of the earned value 
management data provided by vendors to the Fed-
eral Government concerning acquisition categories I 
and II programs; and 
(3) measures the success of utilizing earned 
value management to deliver program objectives. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate committees a report that—
403 
(1) identifies recommendations for improving 
the implementation of earned value management, in-
cluding alternatives; and 
(2) contains the findings of the study conducted 
under subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES.—The term 
‘‘appropriate committees’’ means the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives. 
(2) EARNED VALUE MANAGEMENT.—The term 
‘‘earned value management’’ has the meaning given 
that term in section 300 of part 7 of Office of Man-
agement and Budget Circular A–11. 
SEC. 845. REPORT ON MARKET RESEARCH. 
(a) REPORT REQUIRED.—Not later than October 1, 
2009, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the Senate and the House 
of Representatives a report on the market research con-
ducted by the Secretary in implementing section 2377 of 
title 10, United States Code. 
(b) SAMPLE EXAMINED.—For purposes of the report, 
the Secretary shall examine a representative sample of 
contracts and task or delivery orders, each of which—
404 
(1) is for an amount in excess of $5,000,000; 
and 
(2) is for the acquisition of a mission critical or 
a complex military system in which computer soft-
ware is a component or subcomponent. 
(c) MATTERS COVERED.—The report shall contain 
the following: 
(1) A statement of the total number of con-
tracts and task or delivery orders awarded in fiscal 
year 2007 for a mission critical or complex military 
system in which software is a component or sub-
component. 
(2) A statement of the number of contracts and 
task or delivery orders in the sample examined for 
purposes of the report (as described in subsection 
(b)), and a description of those contracts and orders. 
(3) For the sampled contracts and orders, a de-
scription of how often market research was per-
formed on the sampled contracts and orders. 
(4) For the sampled contracts and orders, a de-
scription of whether a Government employee or a 
contractor employee performed the market research 
and how the market research was performed. 
(5) For the sampled contracts and orders, an 
identification of—
405 
(A) instances when the market research 
identified software that was available as a com-
mercial item and that could be used to meet the 
Government’s requirements; 
(B) instances when the software was modi-
fied or proposed to be modified to meet the De-
partment’s requirements; or 
(C) instances when the Department’s re-
quirements were modified to meet the capability 
of the commercial item software. 
(6) An identification of the training tools the 
Secretary of Defense has developed to assist con-
tracting officials in performing market research. 
(7) An identification of actions the Department 
of Defense intends to take to further implement sec-
tion 2377 of title 10, United States Code, and sec-
tion 826(b) of the National Defense Authorization 
Act for Fiscal year 2007 (Public Law 110–181; 10 
U.S.C. 2377 note), including dissemination of best 
practices and corrective actions where necessary. 
SEC. 846. SYSTEM DEVELOPMENT AND DEMONSTRATION 
BENCHMARK REPORT. 
(a) SYSTEM DEVELOPMENT AND DEMONSTRATION 
BENCHMARK REPORT.—
406 
(1) BENCHMARK REPORT REQUIRED.—The Sec-
retary of a military department shall submit a sys-
tem development and demonstration benchmark re-
port as an annex to the baseline description required 
in section 2435 of title 10, United States Code, for 
each major defense acquisition program identified in 
subsection (b). Such a system development and dem-
onstration benchmark report shall be based upon the 
most recent contractor proposal, the capabilities de-
velopment document, and the systems requirements 
document approved prior to Milestone B approval 
and shall include the following information: 
(A) The key performance parameters and 
technical requirements identified in the capabili-
ties development document and systems require-
ments document. 
(B) A detailed description of performance 
capabilities proposed by the contractor, matched 
to the capabilities and requirements in the ca-
pabilities development document and systems 
requirements document. 
(C) A target cost for system development 
and demonstration, excluding incentive or 
award fees and including both government and 
non-government costs.
407 
(D) A detailed outline of negotiated con-
tract incentive or award fees. 
(E) A detailed outline of contract ceiling 
price, target cost, target profit, and contract 
share line. 
(F) A schedule of key events. 
(G) An identification of critical tech-
nologies and associated technology readiness 
levels estimated for each upon both the initi-
ation and the conclusion of system development 
and demonstration. 
(H) Estimated percentage completion of 
detail design at each scheduled design readiness 
review and the scheduled Milestone C approval 
date. 
(I) A discussion of development risk and 
concurrency within the program. 
(J) Any other factors that the milestone 
decision authority considers relevant. 
(2) TIMELINE FOR SUBMISSION OF BENCHMARK 
REPORT.—A system development and demonstration 
benchmark report for a major defense acquisition 
program identified in subsection (b) shall be sub-
mitted to the congressional defense committees and 
prepared under this section—
408 
(A) not later than 30 days after the date 
of the enactment of this Act, if the Department 
of Defense has entered into a contract for sys-
tem development and demonstration for such a 
major defense acquisition program prior to the 
date of enactment of this Act; or 
(B) in accordance with the requirements 
for the establishment of a baseline description 
required by section 2435 of title 10, United 
States Code, in any other case. 
(3) ALTERATIONS.—No alterations or revisions 
may be made to a system development and dem-
onstration benchmark report after the first such re-
port is prepared in accordance with paragraph (2). 
(b) MAJOR DEFENSE ACQUISITION PROGRAMS IN-
CLUDED.—For the purposes of this section, the major de-
fense acquisition programs to be included in the pilot pro-
gram are the following: 
(1) BAMS, broad area maritime surveillance 
unmanned aerial vehicle. 
(2) CSAR–X, combat search and rescue heli-
copter. 
(3) JLTV, joint light tactical vehicle. 
(4) KC–45A, aerial refueling tanker.
409 
(5) VH–71, presidential helicopter, increment 
II. 
(6) Warrior-Alpha, unmanned aerial vehicle. 
(c) SYSTEM DEVELOPMENT AND DEMONSTRATION 
CHANGES.—The Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall establish a Configu-
ration Steering Board for each major defense acquisition 
program identified in subsection (b). The Board shall 
oversee any proposed alteration to the requirements or to 
the proposed technical configuration for such a major de-
fense acquisition program during system development and 
demonstration. If such an alteration would increase the 
cost to the Government, extend the schedule by more than 
30 days, or alter the proposed performance capabilities, 
as established in the system development and demonstra-
tion baseline required by subsection (a), the Configuration 
Steering Board shall not approve the alteration until— 
(1) the chair of the Configuration Steering 
Board has submitted to the congressional defense 
committees a written description of the alteration 
and an explanation of the rationale for the alter-
ation; and 
(2) not less than 15 days have expired since the 
date of submission of such description and expla-
nation to those committees.
410 
(d) ADDITIONAL REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—The Secretary of a military 
department shall submit a semi-annual contract per-
formance assessment report to the milestone decision 
authority and to the congressional defense commit-
tees on each major defense acquisition program 
identified in subsection (b). The report shall be in 
unclassified form, but may have a classified annex or 
an annex that is restricted to protect source selec-
tion, business-sensitive, or proprietary information. 
(2) CONTENTS.—Each such report shall de-
scribe contract execution regarding contract cost 
performance, schedule performance, and incentive or 
award fee reviews and outlays, and an estimated 
cost at completion of the end item compared to the 
system development and demonstration benchmark 
report required in subsection (a)(1). 
(3) FIRST REPORT.—The first such report shall 
be submitted not later than 180 days after— 
(A) system design and development con-
tract award; or 
(B) after enactment of this Act in the case 
of a system design and development contract 
that was awarded before the date of the enact-
ment of this Act.
411 
(4) TERMINATION
OF
REPORTING
REQUIRE-
MENT.—The reporting requirement shall terminate 
upon a full rate production decision for each major 
defense acquisition program identified in subsection 
(b). 
(e) PROHIBITION ON MILESTONE C APPROVAL.—(1) 
Except as provided in paragraph (2), the Milestone C ap-
proval shall not be granted if the milestone decision au-
thority determines, on the basis of a report submitted pur-
suant to subsection (d), or has other reason to believe, 
that— 
(A) the cost (including any increase for ex-
pected inflation or currency exchange rates) for 
system development and demonstration has in-
creased by more than 25 percent over the sys-
tem development and demonstration baseline 
established in (a)(1), or 
(B) the schedule for key events is delayed 
by more than 15 percent of the total number of 
months between the award of the system devel-
opment and demonstration contract and the 
scheduled Milestone C approval date, as pro-
vided in the system development and dem-
onstration baseline established in subsection 
(a)(1).
413 
the meaning provided in section 2430 of title 10, 
United States Code. 
SEC. 847. ADDITIONAL MATTERS REQUIRED TO BE RE-
PORTED BY CONTRACTORS PERFORMING SE-
CURITY FUNCTIONS IN AREAS OF COMBAT 
OPERATIONS. 
Section 862(a)(2)(D) of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 110– 
181) is amended— 
(1) by striking ‘‘or’’ at the end of clause (ii); 
and 
(2) by adding at the end the following new 
clauses: 
‘‘(iv) a weapon is discharged against 
personnel performing private security func-
tions in an area of combat operations or 
personnel performing such functions be-
lieve a weapon was so discharged; or 
‘‘(v) 
active, 
non-lethal 
counter-
measures (other than the discharge of a 
weapon) are employed by the personnel 
performing private security functions in an 
area of combat operations in response to a 
perceived immediate threat to such per-
sonnel;’’.
414 
SEC. 848. REPORT RELATING TO MUNITIONS. 
Not later than March 1, 2009, the Secretary of De-
fense shall submit to the congressional defense committees 
a report detailing how 60mm and 81mm munitions used 
by the Armed Forces are procured, including, where rel-
evant, an explanation of the decision to procure such mu-
nitions from non-domestic sources and the justification for 
awarding contracts to non-domestic sources. The report 
shall also include a plan to develop a domestic producer 
as the source for 60mm and 81mm munitions used by the 
Armed Forces by 2012. 
SEC. 849. ADDITIONAL CONTRACTOR REQUIREMENTS AND 
RESPONSIBILITIES RELATING TO ALLEGED 
CRIMES BY OR AGAINST CONTRACTOR PER-
SONNEL IN IRAQ AND AFGHANISTAN. 
(a) REQUIREMENTS FOR DEFENSE CONTRACTORS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall develop requirements relating to 
covered offenses allegedly perpetrated by or against 
contractor personnel in the case of defense contrac-
tors performing covered contracts. 
(2) SPECIFIC
MATTERS
COVERED.— The re-
quirements developed under paragraph (1) shall in-
clude the following:
415 
(A) REPORTING
REQUIREMENT.—A re-
quirement for defense contractors to report, in 
a manner prescribed by the Secretary of De-
fense, covered offenses allegedly perpetrated by 
or against contractor personnel. 
(B) ASSISTANCE.—A requirement for de-
fense contractors to provide for victim and wit-
ness safety, medical assistance, and psycho-
logical assistance in the case of a covered of-
fense. The Secretary of Defense shall prescribe 
regulations to carry out this subparagraph, and 
the regulations shall be in accordance with reg-
ulations of the Department of Defense relating 
to restricted reporting for sexual assaults. 
(C) INFORMATION.—A requirement that 
the contractor provide to all contractor per-
sonnel who will perform work on the contract, 
before beginning such work, information on the 
following: 
(i) How and where to report an al-
leged covered offense. 
(ii) Where to seek the assistance re-
quired by subparagraph (B). 
(3) IMPLEMENTATION AS CONDITION OF CUR-
RENT AND FUTURE CONTRACTS.—
416 
(A) CURRENT CONTRACTS.—With respect 
to any covered contract in effect on the date of 
the enactment of this Act, the contract shall be 
modified to include the requirements under 
paragraph (1) as a condition of the contract. 
(B) FUTURE CONTRACTS.—With respect to 
any covered contract entered into by the De-
partment of Defense after the date of the en-
actment of this Act, the requirements developed 
under paragraph (1) shall be included as a con-
dition of the covered contract. 
(b) GOVERNMENT REQUIREMENTS.—Beginning not 
later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall make publicly 
available a numerical accounting of alleged covered of-
fenses reported under this section. The information shall 
be updated no less frequently than quarterly. 
(c) DEFINITIONS.—In this section: 
(1) COVERED CONTRACT.—The term ‘‘covered 
contract’’— 
(A) means a contract with the Department 
of Defense performed— 
(i) in Iraq or Afghanistan; or
417 
(ii) in any area designated by the Sec-
retary as being in support of the United 
States mission in Iraq or Afghanistan; and 
(B) includes— 
(i) any subcontract at any tier under 
the contract; and 
(ii) any task order or delivery order 
issued under the contract or such a sub-
contract. 
(2) COVERED
OFFENSE.—The term ‘‘covered 
offense’’, with respect to a covered contract, means 
an offense under chapter 212 of title 18, United 
States Code— 
(A) that is a crime of violence (as defined 
in section 16 of such title 18); and 
(B) that is committed— 
(i) by or against contractor personnel; 
and 
(ii) in geographic areas where the cov-
ered contract is performed. 
(3) 
CONTRACTOR
PERSONNEL.—The 
term 
‘‘contractor personnel’’ means any person per-
forming work under a covered contract, including in-
dividuals and subcontractors at any tier.
418 
SEC. 850. REQUIREMENT FOR DEPARTMENT OF DEFENSE 
TO ADOPT AN ACQUISITION STRATEGY FOR 
DEFENSE BASE ACT INSURANCE. 
(a) IN GENERAL.—The Secretary of Defense shall 
adopt an acquisition strategy for insurance required by the 
Defense Base Act (42 U.S.C. 1651 et seq.) which mini-
mizes the cost of such insurance to the Department of De-
fense. 
(b) CRITERIA.—The Secretary shall ensure that the 
acquisition strategy adopted pursuant to subsection (a) 
addresses the following criteria: 
(1) Minimize overhead costs associated with ob-
taining such insurance, such as direct or indirect 
costs for contract management and contract admin-
istration. 
(2) Minimize costs for coverage of such insur-
ance consistent with realistic assumptions regarding 
the likelihood of incurred claims by contractors of 
the Department. 
(3) Provide for a correlation of premiums paid 
in relation to claims incurred that is modeled on best 
practices in government and industry for similar 
kinds of insurance. 
(4) Provide for a low level of risk to the De-
partment.
421 
SEC. 851. MOTOR CARRIER FUEL SURCHARGES. 
(a) PASS THROUGH AND DISCLOSURE.—Chapter 157 
of title 10, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 2652. Motor carrier fuel surcharges 
‘‘(a) PASS THROUGH TO COST BEARER.—In all car-
riage contracts in which a fuel-related adjustment is pro-
vided for, the Secretary of Defense shall require that a 
motor carrier, broker, or freight forwarder providing or 
arranging truck transportation or service using fuel for 
which it does not bear the cost pay to the person who 
bears the cost of such fuel the amount of all charges that 
relate to the cost of fuel that were invoiced or otherwise 
presented to the person responsible directly to the motor 
carrier, broker, or freight forwarder for payment for the 
transportation or service. 
‘‘(b) DISCLOSURE.—The Secretary shall require in a 
contract described in subsection (a) that a motor carrier, 
broker, or freight forwarder providing or arranging trans-
portation or service using fuel not paid for by it disclose 
any fuel-related adjustment by making the amount of the 
adjustment publicly available, including on the Internet. 
‘‘(c) REGULATIONS.—The Secretary shall prescribe 
regulations to ensure contracts described in subsection (a) 
include measures necessary to ensure enforcement of this 
section.’’.
422 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by add-
ing at the end the following: new item: 
‘‘Sec. 2652. Motor carrier fuel surcharges.’’. 
SEC. 852. REQUIREMENT FOR DEFENSE CONTRACT CLAUSE 
PROHIBITING CERTAIN USES OF FOREIGN 
SHELL COMPANIES. 
(a) CONTRACT CLAUSE REQUIREMENT.—Not later 
than 180 days after the date of the enactment of this Act, 
the Federal Acquisition Regulation shall be revised to re-
quire each contract awarded by the Department of De-
fense to contain a clause prohibiting the contractor from 
performing the contract using a subsidiary or subcon-
tractor that is a foreign shell company if the foreign shell 
company will perform the work of the contract or sub-
contract using United States citizens or permanent resi-
dents of the United States. 
(b) FOREIGN SHELL COMPANY.—In this section, the 
term ‘‘foreign shell company’’ means an entity— 
(1) that is incorporated outside the United 
States or Canada; and 
(2) that does not manage, direct, or exercise 
operational control over personnel performing work 
under a contract of the entity. 
(c) APPLICABILITY.—The contract clause required by 
this section shall apply to contracts in amounts greater
423 
than the simplified acquisition threshold (as defined in 
section 2302a of title 10, United States Code) entered into 
after the 210-day period beginning on the date of the en-
actment of this Act. 
TITLE IX—DEPARTMENT OF DE-
FENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Revisions in functions and activities of special operations command. 
Sec. 902. Requirement to designate officials for irregular warfare. 
Sec. 903. Plan required for personnel management of special operations forces. 
Sec. 904. Director of Operational Energy Plans and Programs. 
Sec. 905. Corrosion control and prevention executives for the military depart-
ments. 
Sec. 906. Alignment of Deputy Chief Management Officer responsibilities. 
Sec. 907. Requirement for the Secretary of Defense to prepare a strategic plan 
to enhance the role of the National Guard and Reserves. 
Sec. 908. Redesignation of the Department of the Navy as the Department of 
the Navy and Marine Corps. 
Sec. 909. Support to Committee review. 
Subtitle B—Space Activities 
Sec. 911. Extension of authority for pilot program for provision of space sur-
veillance network services to non-United States Government 
entities. 
Sec. 912. Investment and acquisition strategy for commercial satellite capabili-
ties. 
Subtitle C—Chemical Demilitarization Program 
Sec. 921. Chemical Demilitarization Citizens Advisory Commissions in Colorado 
and Kentucky. 
Sec. 922. Prohibition on transport of hydrolysate at Pueblo Chemical Depot, 
Colorado. 
Subtitle D—Intelligence-Related Matters 
Sec. 931. Technical changes following the redesignation of National Imagery 
and Mapping Agency as National Geospatial-Intelligence Agen-
cy. 
Sec. 932. Technical amendments to title 10, United States Code, arising from 
enactment of the Intelligence Reform and Terrorism Preven-
tion Act of 2004. 
Sec. 933. Technical amendments relating to the Associate Director of the CIA 
for Military Affairs.
424 
Subtitle E—Other Matters 
Sec. 941. Department of Defense School of Nursing revisions. 
Sec. 942. Amendments of authority for regional centers for security studies. 
Sec. 943. Findings and Sense of Congress regarding the Western Hemisphere 
Institute for Security Cooperation. 
Sec. 944. Restriction on obligation of funds for United States Southern Com-
mand development assistance activities. 
Sec. 945. Authorization of non-conventional assisted recovery capabilities. 
Sec. 946. Report on United States Northern Command development of inter-
agency plans and command and control relationships. 
Sec. 947. Report on National Guard resource requirements. 
Subtitle A—Department of Defense 
Management 
SEC. 901. REVISIONS IN FUNCTIONS AND ACTIVITIES OF 
SPECIAL OPERATIONS COMMAND. 
Subsection (j) of section 167 of title 10, United 
States Code, is amended to read as follows: 
‘‘(j) SPECIAL OPERATIONS ACTIVITIES.—For pur-
poses of this section, special operations activities include 
each of the following insofar as it relates to special oper-
ations: 
‘‘(1) Unconventional warfare. 
‘‘(2) Irregular warfare. 
‘‘(3) Counterterrorism. 
‘‘(4) Counterinsurgency. 
‘‘(5) Counterproliferation of weapons of mass 
destruction. 
‘‘(6) Direct action. 
‘‘(7) Strategic reconnaissance. 
‘‘(8) Foreign internal defense. 
‘‘(9) Civil-military defense.
425 
‘‘(10) Psychological and information operations. 
‘‘(11) Humanitarian assistance. 
‘‘(12) Theater search and rescue. 
‘‘(13) Such other activities as may be specified 
by the President or the Secretary of Defense.’’. 
SEC. 902. REQUIREMENT TO DESIGNATE OFFICIALS FOR IR-
REGULAR WARFARE. 
The Secretary of Defense shall designate— 
(1) a single executive agent for irregular war-
fare within the Department of Defense; and 
(2) an Assistant Secretary of Defense to be re-
sponsible for overall management and coordination 
of irregular warfare. 
SEC. 903. PLAN REQUIRED FOR PERSONNEL MANAGEMENT 
OF SPECIAL OPERATIONS FORCES. 
(a) REQUIREMENT FOR PLAN.—Not later than 30 
days after the date of the enactment of this Act, the com-
mander of the special operations command shall submit 
to the congressional defense committees a plan relating 
to personnel management of special operations forces. 
(b) MATTERS COVERED.—The plan submitted under 
subsection (a) shall address the following: 
(1) Coordination among the military depart-
ments in order to enhance the manpower manage-
426 
ment and improve overall readiness of special oper-
ations forces. 
(2) Coordination by the commander of the spe-
cial operations command with the Secretaries of the 
military departments in order to better execute his 
responsibility to maintain readiness of special oper-
ations forces, including in the areas of accessions, 
assignments, compensation, promotions, professional 
development, retention, sustainment, and training. 
SEC. 904. DIRECTOR OF OPERATIONAL ENERGY PLANS AND 
PROGRAMS. 
(a) ESTABLISHMENT OF POSITION; DUTIES.—Chap-
ter 4 of title 10, United States Code, is amended by insert-
ing after section 139a the following new section: 
‘‘§ 139b. Director of Operational Energy Plans and 
Programs 
‘‘(a) APPOINTMENT.—There is a Director of Oper-
ational Energy Plans and Programs in the Department 
of Defense (in this section referred to as the ‘Director’), 
appointed by the President, by and with the advice and 
consent of the Senate. The Director shall be appointed 
without regard to political affiliation and solely on the 
basis of fitness to perform the duties of the office of Direc-
tor. 
‘‘(b) DUTIES.—The Director shall—
432 
ing and sustaining military forces and weapons plat-
forms for military operations. The term includes en-
ergy used by tactical power systems and generators 
and weapons platforms. 
‘‘(2) OPERATIONAL
ENERGY
STRATEGY.—The 
terms ‘operational energy strategy’ and ‘strategy’ 
mean the operational energy strategy developed 
under subsection (d).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 139a the following new 
item: 
‘‘139b. Director of Operational Energy Plans and Programs.’’. 
SEC. 905. CORROSION CONTROL AND PREVENTION EXECU-
TIVES FOR THE MILITARY DEPARTMENTS. 
(a) REQUIREMENT TO DESIGNATE CORROSION CON-
TROL AND PREVENTION EXECUTIVE.—Not later than 90 
days after the date of the enactment of this Act, the As-
sistant Secretary of each military department with respon-
sibility for acquisition, technology, and logistics shall des-
ignate an employee of the military department as the cor-
rosion control and prevention executive. Such executive 
shall be the senior official in the department with responsi-
bility for coordinating department-level corrosion control 
and prevention program activities (including budget pro-
gramming) with the military department and the Office
433 
of the Secretary of Defense, the program executive officers 
of the military departments, and relevant major subordi-
nate commands of the military departments. 
(b) DUTIES.—(1) The corrosion control and preven-
tion executive of a military department shall ensure that 
corrosion control and prevention is maintained in the de-
partment’s policy and guidance for management of each 
of the following: 
(A) System acquisition and production, includ-
ing design and maintenance. 
(B) Research, development, test, and evaluation 
programs and activities. 
(C) Equipment standardization programs, in-
cluding international standardization agreements. 
(D) Logistics research and development initia-
tives. 
(E) Logistics support analysis as it relates to 
integrated logistic support in the materiel acquisition 
process. 
(F) Military infrastructure design, construction, 
and maintenance. 
(2) The corrosion control and prevention executive of 
a military department shall be responsible for identifying 
the funding levels necessary to accomplish the items listed 
in subparagraphs (A) through (F) of paragraph (1).
434 
(3) The corrosion control and prevention executive of 
a military department shall, in cooperation with the appro-
priate staff of the department, develop, support, and pro-
vide the rationale for resources— 
(A) to initiate and sustain an effective corrosion 
control and prevention program in the department; 
(B) to evaluate the program’s effectiveness; and 
(C) to ensure that corrosion control and preven-
tion requirements for materiel are reflected in budg-
eting and policies of the department for the formula-
tion, management, and evaluation of personnel and 
programs for the entire department, including its re-
serve components. 
(4) The corrosion control and prevention executive of 
a military department shall be the principal point of con-
tact of the department to the Director of Corrosion Policy 
and Oversight (as assigned under section 2228 of title 10, 
United States Code). 
(5) The corrosion control and prevention executive of 
a military department shall submit an annual report to 
the Secretary of Defense containing recommendations per-
taining to the corrosion control and prevention program 
of the military department, including corrosion-related 
funding levels to carry out all of the duties of the executive 
under this section.
435 
SEC. 906. ALIGNMENT OF DEPUTY CHIEF MANAGEMENT OF-
FICER RESPONSIBILITIES. 
Section 192(e) of title 10, United States Code, is 
amended to read as follows: 
‘‘(e) SPECIAL
RULE
FOR
DEFENSE
BUSINESS 
TRANSFORMATION AGENCY.—Notwithstanding the results 
of any periodic review under subsection (c) with regard 
to the Defense Business Transformation Agency, the Sec-
retary of Defense shall designate that the Director of the 
Agency shall report directly to the Deputy Chief Manage-
ment Officer of the Department of Defense.’’. 
SEC. 907. REQUIREMENT FOR THE SECRETARY OF DE-
FENSE TO PREPARE A STRATEGIC PLAN TO 
ENHANCE THE ROLE OF THE NATIONAL 
GUARD AND RESERVES. 
(a) PLAN.—Not later than April 1, 2009, the Sec-
retary of Defense, in consultation with the Chairman of 
the Joint Chiefs of Staff and the Chief of the National 
Guard Bureau, shall prepare a plan for enhancing the 
roles of the National Guard and Reserve— 
(1) when federalized in the case of the National 
Guard, or activated in the case of the Reserves, in 
support of operations conducted under title 10, 
United States Code; and
436 
(2) in support of operations conducted under 
title 32, United States Code, or in support of State 
missions. 
(b) MATTERS TO BE ASSESSED.—In preparing the 
plan, the Secretary shall assess— 
(1) the findings, conclusions, and recommenda-
tions of the Final Report to Congress and the Sec-
retary of Defense of the Commission on the National 
Guard and Reserves, dated January 31, 2008, and 
titled ‘‘Transforming the National Guard and Re-
serves into a 21st-Century Operational Force’’; and 
(2) the provisions of H.R. 5603 of the 110th 
Congress, as introduced on March 13, 2008 (the Na-
tional Guard Empowerment and State-National De-
fense Integration Act of 2008). 
(c) REPORT.—Not later than April 1, 2009, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Represent-
atives a report on the plan required under this section. 
The report shall include recommendations on— 
(1) any changes to the current Department of 
Defense organization, structure, command relation-
ships, budget authority, procurement authority, and 
compensation and benefits;
437 
(2) any legislation that the Secretary considers 
necessary; and 
(3) any other matter the Secretary considers 
appropriate. 
SEC. 908. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) 
REDESIGNATION
OF
SECRETARY
AND 
OTHER STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER
STATUTORY
OFFICES.—The 
positions of the Under Secretary of the Navy, 
the four Assistant Secretaries of the Navy, and 
the General Counsel of the Department of the 
Navy are redesignated as the Under Secretary 
of the Navy and Marine Corps, the Assistant
438 
Secretaries of the Navy and Marine Corps, and 
the General Counsel of the Department of the 
Navy and Marine Corps, respectively. 
(b) CONFORMING
AMENDMENTS
TO
TITLE
10, 
UNITED STATES CODE.— 
(1) 
DEFINITION
OF
‘‘MILITARY
DEPART-
MENT’’.—Paragraph (8) of section 101(a) of title 
10, United States Code, is amended to read as fol-
lows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the 
Navy and Marine Corps, and the Department of the 
Air Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as 
follows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking 
‘‘There is a Secretary of the Navy’’ and inserting 
‘‘There is a Secretary of the Navy and Marine 
Corps’’. 
(4) CHAPTER HEADINGS.—
439 
(A) The heading of chapter 503 of such 
title is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such 
title is amended to read as follows: 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
(A) Title 10, United States Code, is 
amended by striking ‘‘Department of the Navy’’ 
and ‘‘Secretary of the Navy’’ each place they 
appear other than as specified in paragraphs 
(1), (2), (3), and (4) (including in section head-
ings, subsection captions, tables of chapters, 
and tables of sections) and inserting ‘‘Depart-
ment of the Navy and Marine Corps’’ and ‘‘Sec-
retary of the Navy and Marine Corps’’, respec-
tively, in each case with the matter inserted to 
be in the same typeface and typestyle as the 
matter stricken. 
(B)(i) 
Sections 
5013(f), 
5014(b)(2), 
5016(a), 5017(2), 5032(a), and 5042(a) of 
such title are amended by striking ‘‘Assistant
440 
Secretaries of the Navy’’ and inserting ‘‘Assist-
ant Secretaries of the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in 
the table of sections at the beginning of chapter 
503 of such title, are each amended by insert-
ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 
with the matter inserted in each case to be in 
the same typeface and typestyle as the matter 
amended. 
(c) OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES.— 
(1) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘De-
partment of the Navy’’ and ‘‘Secretary of the Navy’’ 
each place they appear and inserting ‘‘Department 
of the Navy and Marine Corps’’ and ‘‘Secretary of 
the Navy and Marine Corps’’, respectively. 
(2) OTHER
REFERENCES.—Any reference in 
any law other than in title 10 or title 37, United 
States Code, or in any regulation, document, record, 
or other paper of the United States, to the Depart-
ment of the Navy shall be considered to be a ref-
erence to the Department of the Navy and Marine 
Corps. Any such reference to an office specified in
441 
subsection (b)(2) shall be considered to be a ref-
erence to that officer as redesignated by that sec-
tion. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first 
day of the first month beginning more than 60 days after 
the date of the enactment of this Act. 
SEC. 909. SUPPORT TO COMMITTEE REVIEW. 
(a) FINDINGS.—Congress finds the following: 
(1) In accordance with section 118 of title 10, 
United States Code, the Department of Defense con-
ducts a Quadrennial Defense Review as a com-
prehensive examination of ‘‘the national defense 
strategy, force structure, force modernization plans, 
infrastructure, budget plan, and other elements of 
the defense program and policies of the United 
States with a view toward determining and express-
ing the defense strategy of the United States and es-
tablishing a defense program for the next 20 years’’. 
(2) In submitting reports on these reviews to 
the Committees on Armed Services of the Senate 
and the House of Representatives, the Secretary is 
mandated to include the threats to the assumed or 
defined national security interests of the United 
States, the threat-based scenarios developed to con-
442 
duct the review, and other assumptions that impact 
the ability to counter such threats, including force 
readiness, cooperation of allies, warning times, and 
levels of engagement in operations other than war 
and smaller-scale contingencies. 
(3) There is no statutory requirement to as-
sume certain funding levels available to the Depart-
ment of Defense in the conduct of this review be-
cause Congress reserves its prerogative to provide 
the resources necessary to address threats to United 
States national security interests and uses this re-
view as a data point in determining the proper level 
of those resources. 
(4) The reports associated with the 1997, 2001, 
and 2006 reviews clearly demonstrated that the Sec-
retary made certain assumptions about anticipated 
funding. 
(5) As a result, the reported recommendations 
were unnecessarily constrained by those funding as-
sumptions. 
(6) As the Department of Defense is preparing 
to conduct another Quadrennial Defense Review 
with a report due to the Congress by 2010, the 
Committee on Armed Services of the House of Rep-
resentatives should review in a bipartisan, thorough
443 
manner the military capabilities required to address 
challenges to United States national security inter-
ests over the next 20 years. 
(b) SUPPORT REQUIRED.—Within 15 days after re-
ceiving a request, the Secretary of Defense shall provide 
the Committee on Armed Services of the House of Rep-
resentatives with any information or data requested by 
that Committee so that it can review in a comprehensive, 
threat-based, and bipartisan manner the national defense 
strategy, force structure, force modernization plans, infra-
structure, budget plan, and other elements of the defense 
program and policies of the United States with a view to-
ward determining and expressing the defense strategy of 
the United States and establishing a defense program for 
the next 20 years, as well as preparing for the upcoming 
Quadrennial Roles and Missions Review and Quadrennial 
Defense Review. 
Subtitle B—Space Activities 
SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM 
FOR PROVISION OF SPACE SURVEILLANCE 
NETWORK SERVICES TO NON-UNITED STATES 
GOVERNMENT ENTITIES. 
Section 2274(i) of title 10, United States Code, is 
amended by striking ‘‘September 30, 2009’’ and inserting 
‘‘September 30, 2010’’.
444 
SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR 
COMMERCIAL SATELLITE CAPABILITIES. 
(a) REQUIREMENT.—The Secretary of Defense shall 
conduct an assessment to determine a recommended in-
vestment and acquisition strategy for commercial satellite 
capabilities. 
(b) ELEMENTS.—The assessment required under 
subsection (a) shall include the following: 
(1) Review of national and defense policy rel-
evant to the requirements for, acquisition of, and 
use of commercial satellite capabilities, and the rela-
tionship with commercial satellite providers. 
(2) Assessment of the manner in which com-
mercial satellite capabilities are utilized by the De-
partment of Defense and options for expanding such 
utilization or identifying new means to leverage com-
mercial satellite capabilities, such as hosting pay-
loads. 
(3) Review of military requirements for satellite 
communications and remote sensing by quantity, 
quality, timeline, and any other metric considered 
appropriate. 
(4) Description of current and planned commer-
cial satellite capabilities and an assessment of their 
ability to meet the requirements identified in para-
graph (3).
445 
(5) Assessment of the ability of commercial sat-
ellite capabilities to meet other military requirements 
not identified in paragraph (3). 
(6) Description of the utilization of and re-
sources allocated to commercial satellite communica-
tions and remote sensing in the past (past five 
years), present (current date through Future Years 
Defense Plan (FYDP)), and future (beyond the 
FYDP) to meet the requirements identified in para-
graph (3). 
(7) Assessment of purchasing patterns that 
may lead to recommendations in which the Depart-
ment may consolidate requirements, centralize oper-
ations, aggregate purchases, or leverage purchasing 
power (including the use of multiyear contracting). 
(8) Assessment of various models for acquiring 
commercial satellite capabilities, including funding, 
management, and operations models. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than February 1, 
2009, the Secretary of Defense shall submit to the 
congressional defense committees a report setting 
forth the results of the assessment required under 
subsection (a) and provide recommendations, to in-
clude—
446 
(A) the recommended investment and ac-
quisition strategy or strategies of the Depart-
ment for commercial satellite capabilities; 
(B) how the investment and acquisition 
strategy or strategies should be addressed in 
fiscal years after fiscal year 2009; and 
(C) a proposal for such legislative action as 
the Secretary considers necessary to acquire ap-
propriate types and amounts of commercial sat-
ellite capabilities. 
(2) FORM.—The report shall be in unclassified 
form, but may include a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘commercial satellite capabilities’’ 
means the system, capability, or service provided by 
a commercial satellite provider. 
(2) The term ‘‘commercial satellite provider’’ 
refers to privately owned and operated space sys-
tems, their technology, components, products, data, 
services, and related information, as well as foreign 
systems whose products and services are sold com-
mercially.
447 
Subtitle C—Chemical 
Demilitarization Program 
SEC. 921. CHEMICAL DEMILITARIZATION CITIZENS ADVI-
SORY COMMISSIONS IN COLORADO AND KEN-
TUCKY. 
Section 172 of the National Defense Authorization 
Act for Fiscal Year 1993 (50 U.S.C. 1521 note) is amend-
ed by adding at the end the following: 
‘‘(i) COLORADO AND KENTUCKY CHEMICAL DEMILI-
TARIZATION CITIZENS ADVISORY COMMISSIONS.—Not-
withstanding subsections (b), (f), and (g), and consistent 
with section 142 of the Strom Thurmond National De-
fense Authorization Act for Fiscal Year 1999 (50 U.S.C. 
1521 note) and section 8122 of the Department of De-
fense Appropriations Act, 2003 (50 U.S.C. 1521 note), 
responsibilities for the Chemical Demilitarization Citizens 
Advisory Commissions in Colorado and Kentucky shall be 
transferred from the Secretary of the Army to the Pro-
gram Manager for Assembled Chemical Weapons Alter-
natives. The Program Manager for Assembled Chemical 
Weapons Alternatives shall ensure the ability to receive 
citizen and State concerns regarding the ongoing chemical 
destruction program in these States. A representative 
from the Office of the Assistant to the Secretary of De-
fense for Nuclear, Chemical, and Biological Defense Pro-
448 
grams shall meet with these commissions not less often 
than twice a year. Funds appropriated for the Assembled 
Chemical Weapons Alternatives Program shall be used for 
travel and associated travel costs for these Citizens Advi-
sory Commissioners, when such travel is conducted at the 
invitation of the Department of Defense Special Assistant 
for Chemical and Biological Defense and Chemical Demili-
tarization Programs.’’. 
SEC. 922. PROHIBITION ON TRANSPORT OF HYDROLYSATE 
AT PUEBLO CHEMICAL DEPOT, COLORADO. 
(a) PROHIBITION.—During fiscal year 2009, the Sec-
retary of Defense may not transport hydrolysate from the 
Pueblo Chemical Depot, Colorado, to an off-site location 
for treatment, storage, or disposal. 
(b) SAVINGS CLAUSE.—Nothing in this section limits 
or otherwise affects section 8119 of the Department of 
Defense Appropriations Act, 2008 (Public Law 110–116; 
50 U.S.C. 1521 note). 
(c) REPORT.—Not later than February 15, 2009, the 
Secretary shall submit to the congressional defense com-
mittees a report on hydrolysate stockpiled at the Pueblo 
Chemical Depot, Colorado. The report shall include a com-
prehensive cost-benefit analysis between on-site and off- 
site methods for disposing of such hydrolysate.
449 
Subtitle D—Intelligence-Related 
Matters 
SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIG-
NATION OF NATIONAL IMAGERY AND MAP-
PING AGENCY AS NATIONAL GEOSPATIAL-IN-
TELLIGENCE AGENCY. 
(a) TECHNICAL
CHANGES
TO
UNITED
STATES 
CODE.— 
(1) TITLE 5.—Title 5, United States Code, is 
amended by striking ‘‘National Imagery and Map-
ping Agency’’ each place it appears and inserting 
‘‘National Geospatial-Intelligence Agency’’. 
(2) TITLE 44.—Title 44, United States Code, is 
amended by striking ‘‘National Imagery and Map-
ping Agency’’ each place it appears and inserting 
‘‘National Geospatial-Intelligence Agency’’. 
(b) TECHNICAL CHANGES TO OTHER ACTS.— 
(1) ETHICS IN GOVERNMENT ACT OF 1978.— 
Section 105(a)(1) of the Ethics in Government Act 
of 1978 (Public Law 95–521; 5 U.S.C. App. 4) is 
amended by striking ‘‘National Imagery and Map-
ping Agency’’ and inserting ‘‘National Geospatial-In-
telligence Agency’’.
450 
(2) INSPECTOR GENERAL ACT OF 1978.—Sec-
tion 8H of the Inspector General Act of 1978 (Pub-
lic Law 95–452; 5 U.S.C. App.) is amended— 
(A) in subsection (a)(1)(A), by striking 
‘‘National Imagery and Mapping Agency’’ and 
inserting 
‘‘National 
Geospatial-Intelligence 
Agency’’; and 
(B) in subsection (g)(1), by striking ‘‘Na-
tional Imagery and Mapping Agency’’ and in-
serting ‘‘National Geospatial-Intelligence Agen-
cy’’. 
(3) EMPLOYEE
POLYGRAPH
PROTECTION
ACT 
OF 1988.—Section 7(b)(2)(A)(i) of the Employee 
Polygraph Protection Act of 1988 (29 U.S.C. 
2006(b)(2)(A)(i)) is amended by striking ‘‘National 
Imagery and Mapping Agency’’ and inserting ‘‘Na-
tional Geospatial-Intelligence Agency’’. 
(4) LEGISLATIVE
BRANCH
APPROPRIATIONS 
ACT, 1993.—Section 207(a)(2)(B) of the Legislative 
Branch Appropriations Act, 1993 (Public Law 102– 
392; 44 U.S.C. 501 note), is amended by striking 
‘‘National Imagery and Mapping Agency’’ and in-
serting ‘‘National Geospatial-Intelligence Agency’’. 
(5) HOMELAND SECURITY ACT OF 2002.—Sec-
tion 201(e)(2) of the Homeland Security Act of
451 
2002 (6 U.S.C. 121(e)(2)) is amended by striking 
‘‘National Imagery and Mapping Agency’’ and in-
serting ‘‘National Geospatial-Intelligence Agency’’. 
SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED 
STATES CODE, ARISING FROM ENACTMENT 
OF THE INTELLIGENCE REFORM AND TER-
RORISM PREVENTION ACT OF 2004. 
(a) REFERENCES TO HEAD OF INTELLIGENCE COM-
MUNITY.—Title 10, United States Code, is amended by 
striking ‘‘Director of Central Intelligence’’ each place it 
appears and inserting ‘‘Director of National Intelligence’’ 
in the following: 
(1) Section 193(d)(2). 
(2) Section 193(e). 
(3) Section 201(a). 
(4) Section 201(b)(1). 
(5) Section 201(c)(1). 
(6) Section 425(a). 
(7) Section 431(b)(1). 
(8) Section 441(c). 
(9) Section 441(d). 
(10) Section 443(d). 
(11) Section 2273(b)(1). 
(12) Section 2723(a).
452 
(b) CLERICAL AMENDMENTS.—Such title is further 
amended by striking ‘‘DIRECTOR OF CENTRAL INTEL-
LIGENCE’’ each place it appears and inserting ‘‘DIRECTOR 
OF NATIONAL INTELLIGENCE’’ in the following: 
(1) Section 441(c). 
(2) Section 443(d). 
(c) REFERENCE
TO HEAD
OF CENTRAL INTEL-
LIGENCE AGENCY.—Section 444 of such title is amended 
by striking ‘‘Director of Central Intelligence’’ each place 
it appears and inserting ‘‘Director of the Central Intel-
ligence Agency’’. 
SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE AS-
SOCIATE DIRECTOR OF THE CIA FOR MILI-
TARY AFFAIRS. 
Section 528(c) of title 10, United States Code, is 
amended— 
(1) in the heading, by striking ‘‘MILITARY SUP-
PORT’’ and inserting ‘‘MILITARY AFFAIRS’’; and 
(2) by striking ‘‘Military Support’’ and insert-
ing ‘‘Military Affairs’’.
453 
Subtitle E—Other Matters 
SEC. 941. DEPARTMENT OF DEFENSE SCHOOL OF NURSING 
REVISIONS. 
(a) SCHOOL OF NURSING.—The text of section 2117 
of title 10, United States Code, is amended to read as 
follows: 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish within the University a School of Nursing, 
not later than July 1, 2010. It shall be so organized as 
to graduate not less than 25 students with a bachelor of 
science in nursing in the first class not later than June 
30, 2012, not less than 50 in the second class, and not 
less than 100 annually thereafter. 
‘‘(b) MINIMUM REQUIREMENT.—The School of Nurs-
ing shall include, at a minimum, a program that awards 
a bachelor of science in nursing. 
‘‘(c) PHASED DEVELOPMENT.—The development of 
the School of Nursing may be by such phases as the Sec-
retary may prescribe, subject to the requirements of sub-
section (a).’’. 
(b) RETIRED NURSE CORPS OFFICER DEMONSTRA-
TION PROJECT.— 
(1) IN
GENERAL.—The Secretary of Defense 
may conduct a demonstration project to encourage
454 
retired military nurses to serve as faculty at civilian 
nursing schools. 
(2) ELIGIBILITY REQUIREMENTS.— 
(A) INDIVIDUAL.—An individual is eligible 
to participate in the demonstration project if 
the individual— 
(i) is a retired nurse corps officer of 
one of the Armed Forces; 
(ii) has had at least 26 years of active 
Federal commissioned service before retir-
ing; and 
(iii) possesses a doctoral or master de-
gree in nursing that qualifies the officer to 
become a full faculty member of an accred-
ited school of nursing. 
(B) INSTITUTION.—An accredited school 
of nursing is eligible to participate in the dem-
onstration project if the school or its parent in-
stitution of higher education— 
(i) is a school of nursing that is ac-
credited to award, at a minimum, a bach-
elor of science in nursing and provides 
educational programs leading to such de-
gree;
455 
(ii) has a resident Reserve Officer 
Training Corps unit at the institution of 
higher education that fulfils the require-
ments of sections 2101 and 2102 of title 
10, United States Code; 
(iii) does not prevent ROTC access or 
military recruiting on campus, as defined 
in section 983 of title 10, United States 
Code; 
(iv) provides any retired nurse corps 
officer participating in the demonstration 
project a salary and other compensation at 
the level to which other similarly situated 
faculty members of the accredited school of 
nursing are entitled, as determined by the 
Secretary of Defense; and 
(v) agrees to comply with paragraph 
(4). 
(3) COMPENSATION.— 
(A) The Secretary of Defense may author-
ize a Secretary of a military department to au-
thorize qualified institutions of higher education 
to employ as faculty those eligible individuals 
(as described in paragraph (2)) who are receiv-
ing retired pay, whose qualifications are ap-
456 
proved by the Secretary and the institution of 
higher education concerned, and who request 
such employment, subject to the following: 
(i) A retired nurse corps officer so 
employed is entitled to receive the officer’s 
retired pay without reduction by reason of 
any additional amount paid to the officer 
by the institution of higher education con-
cerned. In the case of payment of any such 
additional amount by the institution of 
higher education concerned, the Secretary 
of the military department concerned may 
pay to that institution the amount equal to 
one-half the amount paid to the retired of-
ficer by the institution for any period, up 
to a maximum of one-half of the difference 
between the officer’s retired pay for that 
period and the active duty pay and allow-
ances that the officer would have received 
for that period if on active duty. Payments 
by the Secretary concerned under this 
paragraph shall be made from funds spe-
cifically appropriated for that purpose. 
(ii) Notwithstanding any other provi-
sion of law contained in title 10, title 32,
457 
or title 37, United States Code, such a re-
tired nurse corps officer is not, while so 
employed, considered to be on active duty 
or inactive duty training for any purpose. 
(4) SCHOLARSHIPS FOR NURSE OFFICER CAN-
DIDATES.—For purposes of the eligibility of an insti-
tution under paragraph (2)(B)(v), the following re-
quirements apply: 
(A) Each accredited school of nursing at 
which a retired nurse corps officer serves on the 
faculty under this subsection shall provide full 
academic scholarships to individuals under-
taking an educational program at such school 
leading to a bachelor of science in nursing de-
gree who agree, upon completion of such pro-
gram, to accept a commission as an officer in 
the nurse corps of one of the Armed Forces. 
(B) The total number of scholarships pro-
vided by an accredited school of nursing under 
subparagraph (A) for each officer serving on 
the faculty of that school under this subsection 
shall be such number as the Secretary of De-
fense shall specify for purposes of this sub-
section.
458 
(C) Each accredited school of nursing shall 
pay to the Department of Defense an amount 
equal to the value of the scholarship for every 
nurse officer candidate who fails to be accessed 
as a nurse corps officer into one of the Armed 
Forces within one year of receiving a bachelor 
of science degree in nursing from that school. 
(D) The Secretary concerned is authorized 
to discontinue the demonstration project au-
thorized in this subsection at any institution of 
higher education that fails to fulfill the require-
ments of subparagraph (C). 
(5) REPORT.— 
(A) Not later than 24 months after the 
commencement of any demonstration project 
under this subsection, the Secretary of Defense 
shall submit to the congressional defense com-
mittees a report on the demonstration project. 
The report shall include a description of the 
project and a description of plans for the con-
tinuation of the project, if any. 
(B) ELEMENTS.—The report shall also in-
clude, at a minimum, the following: 
(i) The current number of retired 
nurse corps officers who have at least 26
459 
years of active Federal commissioned serv-
ice who would be eligible to participate in 
the program. 
(ii) The number of retired nurse corps 
officers participating in the demonstration 
project. 
(iii) The number of accredited schools 
of nursing participating in the demonstra-
tion project. 
(iv) The number of nurse officer can-
didates who have accessed into the military 
as commissioned nurse corps officers. 
(v) 
The 
number 
of 
scholarships 
awarded to nurse officer candidates. 
(vi) The number of nurse officer can-
didates who have failed to access into the 
military, if any. 
(vii) The amount paid to the Depart-
ment of Defense in the event any nurse of-
ficer candidates awarded scholarships by 
the accredited school of nursing fail to ac-
cess into the military as commissioned 
nurse corps officers. 
(viii) The funds expended in the oper-
ation of the demonstration project.
460 
(ix) The recommendation of the Sec-
retary of Defense as to whether the dem-
onstration project should be extended. 
(6) SUNSET.—The authority in this subsection 
shall expire on June 30, 2014. 
(7) DEFINITIONS.—In this subsection, the 
terms ‘‘school of nursing’’ and ‘‘accredited’’ have the 
meeting given those terms in section 801 of the Pub-
lic Health Service Act (42 U.S.C. 296). 
SEC. 942. AMENDMENTS OF AUTHORITY FOR REGIONAL 
CENTERS FOR SECURITY STUDIES. 
(a) IN GENERAL.—Section 184(f) of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(6) Funds available to the Department of De-
fense for a Regional Center for any fiscal year (be-
ginning with funds available for fiscal year 2009), 
including funds available under paragraphs (4) and 
(5), are available for use for programs that begin in 
such fiscal year but end in the next fiscal year.’’. 
(b) ESTABLISHMENT
OF
A PILOT PROGRAM
FOR 
NONGOVERNMENTAL PERSONNEL.— 
(1) IN
GENERAL.—In fiscal years 2009 and 
2010, the Secretary of Defense, with the concur-
rence of the Secretary of State, may waive reim-
461 
bursement of the costs of activities of the Regional 
Centers for nongovernmental and international orga-
nization personnel who participate in activities that 
enhance cooperation of nongovernmental organiza-
tions and international organizations with Armed 
Forces of the United States, if the Secretary of De-
fense determines that attendance of such personnel 
without reimbursement is in the national security in-
terests of the United States. Costs for which reim-
bursement is waived pursuant to this subsection 
shall not exceed $1,000,000 in each of fiscal years 
2009 and 2010 and shall be paid from appropria-
tions available to the Regional Centers in each of 
those fiscal years. 
(2) REPORT
REQUIRED.—For each of fiscal 
years 2009 and 2010, the Secretary of Defense shall 
include in the annual report required under section 
184(h) of title 10, United States Code, a description 
of the extent of nongovernmental and international 
organization participation in the programs of each 
regional center, including the costs incurred by the 
United States for the participation of each organiza-
tion.
462 
SEC. 943. FINDINGS AND SENSE OF CONGRESS REGARDING 
THE WESTERN HEMISPHERE INSTITUTE FOR 
SECURITY COOPERATION. 
(a) FINDINGS.—The Congress finds the following: 
(1) The mission of the Western Hemisphere In-
stitute for Security Cooperation (hereafter in this 
section referred to as ‘‘WHINSEC’’) is to provide 
professional education and training to military per-
sonnel, law enforcement officials, and civilian per-
sonnel in support of the democratic principles set 
forth in the Charter of the Organization of American 
States, while fostering mutual knowledge, trans-
parency, confidence, and cooperation among the par-
ticipating nations, and promoting democratic values, 
respect for human rights, and knowledge and under-
standing of United States customs and traditions. 
(2) WHINSEC supports the Security Coopera-
tion Guidance of the Secretary of Defense by ad-
dressing the education and training needs of the 
United States Southern Command and United 
States Northern Command. 
(3) 
In 
enacting 
legislation 
establishing 
WHINSEC, Congress specified that the curriculum 
of WHINSEC may include leadership development, 
counterdrug operations, peacekeeping, resource man-
agement, and disaster relief planning. Congress also
463 
mandated a minimum of eight hours of instruction 
on human rights, due process, the rule of law, the 
role of the Armed Forces in a democratic society, 
and civilian control of the military. WHINSEC aver-
ages twelve hours of such instruction per course. 
(4) On March 21, 2007, Admiral Stavridis, 
Commander of United States Southern Command, 
stated before the House Armed Services Committee 
that WHINSEC ‘‘is the military’s crown jewel for 
human rights training.’’. 
(5) WHINSEC does not select students for par-
ticipation. A partner nation nominates students to 
attend WHINSEC, and in accordance with the law 
of the United States and the policies of the Depart-
ments of Defense and State, the United States Em-
bassy in such partner nation screens and conducts 
background checks on such nominees. The vetting 
process of WHINSEC nominees includes a back-
ground check by United States embassies in partner 
nations, as well as checks by the Bureau of Western 
Hemisphere Affairs and the Bureau of Democracy, 
Human Rights, and Labor. Further, the Abuse Case 
Evaluation System of the Department of State, a 
central database that aggregates human rights 
abuse data into a single, searchable location, is used
464 
as a resource for checking abuse allegations when 
conducting vetting requests. 
(6) WHINSEC operates in accordance with the 
‘‘Leahy Law,’’ which was first enacted in 1997 and 
has since expanded to prohibit United States mili-
tary assistance to foreign military units that violate 
human rights including security assistance programs 
funded through foreign operations appropriations 
Acts and training programs made available pursuant 
to Department of Defense appropriations Acts. 
(7) Independent review, observation, and rec-
ommendation regarding operations of WHINSEC is 
provided by a Board of Visitors which is chaired by 
Bishop Robert Morlino of Wisconsin and includes 
four Members of Congress, two from each political 
party. 
(8) WHINSEC is open to visitors at any time. 
Anyone can visit, sit in classes, talk with students 
and faculty, and review instructional materials. 
(9) On May 7, 2008, the Department of De-
fense provided Congress requested information re-
garding the students, instructors, and courses at 
WHINSEC. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
465 
(1) WHINSEC is one of the most effective 
mechanisms that the United States has to build re-
lationships with future leaders throughout the West-
ern Hemisphere, influence the human rights records 
and democracy trajectory of countries in the West-
ern Hemisphere, and mitigate the growing influence 
of non-hemispheric powers; 
(2) WHINSEC is succeeding in meeting its 
stated mission of providing professional education 
and training to eligible military personnel, law en-
forcement officials, and civilians of nations of the 
Western Hemisphere that support the democratic 
principles set forth in the Charter of the Organiza-
tion of American States, while fostering mutual 
knowledge, transparency, confidence, and coopera-
tion among the participating nations and promoting 
democratic values and respect for human rights; and 
(3) WHINSEC is an invaluable education and 
training facility which the Department of Defense 
should continue to utilize in order to help foster a 
spirit of partnership that will ensure security and 
enhance stability and interoperability among the 
United States military and the militaries of partici-
pating nations.
466 
SEC. 944. RESTRICTION ON OBLIGATION OF FUNDS FOR 
UNITED STATES SOUTHERN COMMAND DE-
VELOPMENT ASSISTANCE ACTIVITIES. 
(a) REPORT AND CERTIFICATION REQUIRED.—Not 
later than 30 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the congres-
sional defense committees a report describing the develop-
ment assistance activities carried out by the United States 
Southern Command during fiscal year 2008 and planned 
for fiscal year 2009 and containing a certification by the 
Secretary that such development assistance activities— 
(1) will not adversely diminish the ability of the 
United States Southern Command or its components 
to carry out its combat or military missions; 
(2) do not divert resources from funded or un-
funded requirements of the United States Southern 
Command in connection with the role of the Depart-
ment of Defense under section 124 of title 10, 
United States Code, as the single lead agency of the 
Federal Government for the detection and moni-
toring of aerial and maritime transit of illegal drugs 
into the United States; 
(3) are not unnecessarily duplicative of activi-
ties already conducted or planned to be conducted by 
any other Federal department or agency during fis-
cal year 2009; and
467 
(4) are designed, planned, and conducted to 
complement joint training and exercises, host-coun-
try capacity building, or similar activities directly 
connected to the responsibilities of the United States 
Southern Command. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PEND-
ING CERTIFICATION.—Of the amounts appropriated pur-
suant to an authorization of appropriations in this Act or 
otherwise made available for fiscal year 2009 for operation 
and maintenance for the United States Southern Com-
mand, not more than 90 percent may be obligated or ex-
pended until 30 days after the certification required by 
subsection (a) is received by the congressional defense 
committees. 
(c) DEVELOPMENT ASSISTANCE ACTIVITIES DE-
FINED.—In this section, the term ‘‘development assistance 
activities’’ means assistance activities carried out by the 
United States Southern Command that are comparable to 
the assistance activities carried out by the United States 
under— 
(1) chapters 1, 10, 11, and 12 of part I of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151, 
2293, 2295, and 2296 et seq.); and 
(2) any other provision of law for purposes 
comparable to the purposes for which assistance ac-
468 
tivities are carried out under the provisions of law 
referred to in paragraph (1). 
SEC. 945. AUTHORIZATION OF NON-CONVENTIONAL AS-
SISTED RECOVERY CAPABILITIES. 
(a) NON-CONVENTIONAL ASSISTED RECOVERY CA-
PABILITIES.—Upon a determination by a combatant com-
mander that an action is necessary in connection with a 
non-conventional assisted recovery effort, an amount not 
to exceed $20,000,000 of the funds appropriated pursuant 
to an authorization of appropriations or otherwise made 
available for ‘‘Operation and Maintenance, Navy’’ may be 
used to establish, develop, and maintain non-conventional 
assisted recovery capabilities. 
(b) PROCEDURES.—The Secretary of Defense shall 
establish procedures for the exercise of the authority 
under subsection (a). The Secretary shall notify the con-
gressional defense committees of those procedures before 
any exercise of that authority. 
(c) AUTHORIZED ACTIVITIES.—Non-conventional as-
sisted recovery capabilities authorized under subsection 
(a) may, in limited and special circumstances, include the 
provision of support to foreign forces, irregular forces, 
groups, or individuals in order to facilitate the recovery 
of Department of Defense or Coast Guard military or civil-
ian personnel, or other individuals who, while conducting
469 
activities in support of United States military operations, 
become separated or isolated and cannot rejoin their units 
without the assistance authorized in subsection (a). Such 
support may include the provision of limited amounts of 
equipment, supplies, training, transportation, or other 
logistical support or funding. 
(d) ANNUAL REPORT.—Not later than 30 days after 
the close of each fiscal year during which subsection (a) 
is in effect, the Secretary of Defense shall submit to the 
congressional defense committees a report on support pro-
vided under that subsection during that fiscal year. 
(e) LIMITATION
ON INTELLIGENCE ACTIVITIES.— 
This section does not constitute authority to conduct a 
covert action, as such term is defined in section 503(e) 
of the National Security Act of 1947 (50 U.S.C. 413b(e)). 
(f) LIMITATION ON FOREIGN ASSISTANCE ACTIVI-
TIES.—This section does not constitute authority— 
(1) to build the capacity of foreign military 
forces or provide security and stabilization assist-
ance, as described in sections 1206 and 1207 of the 
National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3456 and 
3458), respectively; and 
(2) to provide assistance that is otherwise pro-
hibited by any other provision in law, including any
470 
provision of law relating to the control of exports of 
defense articles or defense services. 
(g) PERIOD OF AUTHORITY.—The authority under 
this section is in effect during each of the fiscal years 2009 
through 2012. 
SEC. 946. REPORT ON UNITED STATES NORTHERN COM-
MAND 
DEVELOPMENT 
OF 
INTERAGENCY 
PLANS AND COMMAND AND CONTROL RELA-
TIONSHIPS. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Secretary of Home-
land Security and the heads of other appropriate Federal 
agencies, shall submit a report to Congress describing the 
progress made to address certain deficiencies in the 
United States Northern Command identified in the Comp-
troller General report 08–251/252. To prepare the report, 
the Secretary of Defense shall direct the United States 
Northern Command to perform the following: 
(1) Provide a compendium of all roles, mission 
requirements and resources from all 50 States. Each 
role and mission in the docket will be accompanied 
by a brief explanation of the requirement and proof 
of endorsement by the respective State Adjutant 
Generals and the Department of Homeland Security.
471 
(2) Synchronize and continually update its unit 
requirements with the deployment schedules of the 
units it depends on. The commander of the United 
States Northern Command shall develop plans for 
primary and secondary units to cover the roles and 
missions coordinated in paragraph (1). 
(3) Coordinate with all source units and other 
commands. The report shall include copies of all 
these unit and command mission statements. 
(4) Coordinate with its interagency partners to 
form charters that govern the agreements among 
them, including qualifications for personnel with liai-
son functions between interagency partners. 
(b) IMPROVED COORDINATION.—The commander of 
the United States Northern Command shall coordinate 
with its Federal interagency partners to ascertain require-
ments for plans, training, equipment, and resources in 
support of— 
(1) homeland defense; 
(2) domestic emergency response; and 
(3) military support to civil authorities. 
SEC. 947. REPORT ON NATIONAL GUARD RESOURCE RE-
QUIREMENTS. 
(a) IN GENERAL.—Not later than 6 months after the 
date of enactment of this Act, the Chief of the National
472 
Guard Bureau shall submit to the Secretary of Defense 
a report— 
(1) detailing the extent to which the various 
provisions in title XVIII of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 
110–181) have been effective in giving the National 
Guard a clearer voice in policy and budgetary dis-
cussions in the Department of Defense; and 
(2) assessing the adequacy of Department of 
Defense funding for the resource requirements of 
the National Guard. 
(b) REPORT TO CONGRESS.—Not later than 30 days 
after the Secretary of Defense receives the report under 
subsection (a), the Secretary shall submit to Congress 
such report, along with any explanatory comments the 
Secretary considers necessary. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Requirement for separate display of budget for Afghanistan. 
Sec. 1003. Requirement for separate display of budget for Iraq. 
Sec. 1004. One-time shift of military retirement payments. 
Sec. 1005. Management of purchase cards. 
Subtitle B—Policy Relating to Vessels and Shipyards 
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas. 
Sec. 1012. Report on repair of naval vessel in foreign shipyards. 
Sec. 1013. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Sec. 1014. National Defense Sealift Fund amendments. 
Sec. 1015. Report on contributions to the domestic supply of steel and other 
metals from scrapping of certain vessels. 
Subtitle C—Counter-Drug Activities
473 
Sec. 1021. Continuation of reporting requirement regarding Department of De-
fense expenditures to support foreign counter-drug activities. 
Sec. 1022. Extension of authority for joint task forces to provide support to law 
enforcement agencies conducting counter-terrorism activities. 
Sec. 1023. Extension of authority to support unified counter-drug and 
counterterrorism campaign in Colombia and continuation of 
numerical limitation on assignment of United States personnel. 
Sec. 1024. Expansion and extension of authority to provide additional support 
for counter-drug activities of certain foreign governments. 
Sec. 1025. Comprehensive Department of Defense strategy for counter-nar-
cotics efforts for West Africa and the Maghreb. 
Sec. 1026. Comprehensive Department of Defense strategy for counter-nar-
cotics efforts in South and Central Asian regions. 
Subtitle D—Boards and Commissions 
Sec. 1031. Strategic Communication Management Board. 
Sec. 1032. Extension of certain dates for Congressional Commission on the 
Strategic Posture of the United States. 
Sec. 1033. Extension of Commission to Assess the Threat to the United States 
from Electromagnetic Pulse (EMP) Attack. 
Subtitle E—Studies and Reports 
Sec. 1041. Report on corrosion control and prevention. 
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS) 
in a Federal response to wildfires. 
Sec. 1043. Study on rotorcraft survivability. 
Sec. 1044. Studies to analyze alternative models for acquisition and funding of 
inter-connected cyberspace systems. 
Sec. 1045. Report on nonstrategic nuclear weapons. 
Sec. 1046. Study on national defense implications of section 1083. 
Sec. 1047. Report on methods Department of Defense utilizes to ensure compli-
ance with Guam tax and licensing laws. 
Sec. 1048. Study on methods to verifiably reduce the likelihood of accidental 
nuclear launch. 
Subtitle F—Congressional Recognitions 
Sec. 1051. Sense of Congress honoring the Honorable Duncan Hunter. 
Sec. 1052. Sense of Congress in honor of the Honorable Jim Saxton, a Member 
of the House of Representatives. 
Sec. 1053. Sense of Congress honoring the Honorable Terry Everett. 
Sec. 1054. Sense of Congress honoring the Honorable Jo Ann Davis. 
Subtitle G—Other Matters 
Sec. 1061. Amendment to annual submission of information regarding informa-
tion technology capital assets. 
Sec. 1062. Restriction on Department of Defense relocation of missions or 
functions from Cheyenne Mountain Air Force Station. 
Sec. 1063. Technical and clerical amendments. 
Sec. 1064. Submission to Congress of revision to regulation on enemy prisoners 
of war, retained personnel, civilian internees, and other detain-
ees. 
Sec. 1065. Authorization of appropriations for payments to Portuguese nation-
als employed by the Department of Defense.
474 
Sec. 1066. State Defense Force Improvement. 
Sec. 1067. Barnegat Inlet to Little Egg Inlet, New Jersey. 
Sec. 1068. Sense of Congress regarding the roles and missions of the Depart-
ment of Defense and other national security institutions. 
Sec. 1069. Sense of Congress relating to 2008 supplemental appropriations. 
Sec. 1070. Sense of Congress regarding defense requirements of the United 
States. 
Sec. 1071. Standing Advisory Panel on Improving Integration between the De-
partment of Defense, the Department of State, and the United 
States Agency for International Development on Matters of 
National Security. 
Sec. 1072. Nonapplicability of the Federal Advisory Committee Act to the Con-
gressional Commission on the Strategic Posture of the United 
States. 
Sec. 1073. Study and report on use of power management software. 
Sec. 1074. Comprehensive Interagency Strategy for Strategic Communication 
and Public Diplomacy Activities of the Federal Government. 
Sec. 1075. Prohibitions relating to propaganda. 
Sec. 1076. Use of runway at NASJRB Willow Grove, Pennsylvania. 
Sec. 1077. Prohibition on interrogation of detainees by contractor personnel. 
Sec. 1078. Requirement for videotaping or otherwise electronically recording 
strategic intelligence interrogations of persons in the custody of 
or under the effective control of the Department of Defense. 
Sec. 1079. Public disclosure of names of students and instructors at Western 
Hemisphere Institute for Security Cooperation. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2009 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred.
475 
(2) LIMITATION.—Except as provided in para-
graph (3), the total amount of authorizations that 
the Secretary may transfer under the authority of 
this section may not exceed $4,000,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN 
MILITARY PERSONNEL AUTHORIZATIONS.—A trans-
fer of funds between military personnel authoriza-
tions under title IV shall not be counted toward the 
dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this 
section to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items 
from which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Con-
gress. 
(c) EFFECT
ON
AUTHORIZATION
AMOUNTS.—A 
transfer made from one account to another under the au-
thority of this section shall be deemed to increase the 
amount authorized for the account to which the amount 
is transferred by an amount equal to the amount trans-
ferred.
476 
(d) NOTICE
TO CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under 
subsection (a). 
SEC. 1002. REQUIREMENT FOR SEPARATE DISPLAY OF 
BUDGET FOR AFGHANISTAN. 
For any annual or supplemental budget request sub-
mission for the Department of Defense, beginning with 
fiscal year 2010, the Secretary of Defense shall set forth 
separately any funding requested for any United States 
operations or other activities concerning Afghanistan. The 
submission shall clearly display the amounts requested for 
such operations or activities at the appropriation account 
level and at the program, project, or activity level. The 
submission by the Secretary shall also include a separate 
detailed description of the assumptions underlying the 
funding request. 
SEC. 1003. REQUIREMENT FOR SEPARATE DISPLAY OF 
BUDGET FOR IRAQ. 
For any annual or supplemental budget request sub-
mission for the Department of Defense, beginning with 
fiscal year 2010, the Secretary of Defense shall set forth 
separately any funding requested for any United States 
operations or other activities concerning Iraq. The submis-
sion shall clearly display the amounts requested for such 
operations or activities at the appropriation account level
477 
and at the program, project, or activity level. The submis-
sion by the Secretary shall also include a separate detailed 
description of the assumptions underlying the funding re-
quest. 
SEC. 1004. ONE-TIME SHIFT OF MILITARY RETIREMENT 
PAYMENTS. 
(a) REDUCTION
OF PAYMENTS.—Notwithstanding 
any other provision of law, any amounts that would other-
wise be payable from the fund to individuals for the month 
of August 2013 (with disbursements scheduled for Sep-
tember 2013) shall be reduced by 1 percent. 
(b) REVERSION.—Beginning on September 1, 2013 
(with disbursements beginning in October 2013), amounts 
payable to individuals from the fund shall revert back to 
amounts as specified in law as if the reduction in sub-
section (a) did not take place. 
(c) REFUND.—Any individual who has a payment re-
duced under subsection (a) shall receive a one-time pay-
ment, from the fund, in an amount equal to the amount 
of such reduction. This one-time payment shall be included 
with disbursements from the fund scheduled for October 
2013. 
(d) FUND.—In this section, the term ‘‘fund’’ refers 
to the Department of Defense Military Retirement Fund
478 
established by section 1461 of title 10, United States 
Code. 
(e) TRANSFER.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall transfer $40,000,000 from the unobligated balances 
of the National Defense Stockpile Transaction Fund to 
the Miscellaneous Receipts Fund of the United States 
Treasury to offset estimated costs arising from section 
702 and the amendments made by such section. 
SEC. 1005. MANAGEMENT OF PURCHASE CARDS. 
(a) REQUIRED SAFEGUARDS AND INTERNAL CON-
TROLS.—Section 2784 of title 10, United States Code, is 
amended in subsection (b)— 
(1) by redesignating paragraphs (3) through 
(10) as paragraphs (4) through (11), respectively; 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) That expenditures charged to the purchase 
card are independently received, accepted, or verified 
by an official with authority to authorize expendi-
tures.’’; 
(3) by redesignating paragraphs (9) through 
paragraph (11) (as previously redesignated by para-
graph (1)) as paragraphs (10) through (12), respec-
tively; and
479 
(4) by inserting after paragraph (8) (as pre-
viously redesignated by paragraph (1)) the following 
new paragraph: 
‘‘(9) That appropriate inventory and property 
systems are updated promptly in response to ex-
penditures charged to a purchase card related to 
pilferable property.’’. 
(b) 
PENALTIES
FOR
VIOLATIONS.—Section 
2784(c)(1) of title 10, United States Code, is amended 
by striking ‘‘provide for’’ and inserting ‘‘provide for the 
reimbursement of charges for unauthorized or erroneous 
purchases and for’’. 
Subtitle B—Policy Relating to 
Vessels and Shipyards 
SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, 
TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy is authorized to convey the floating drydock 
AFDL–23, located in Aransas Pass, Texas, to Gulf Cop-
per Ship Repair, that company being the current lessee 
of the drydock. 
(b) CONDITION
OF CONVEYANCE.—The Secretary 
shall require as a condition of the conveyance under sub-
section (a) that the drydock remain at the facilities of Gulf
480 
Copper Ship Repair, at Aransas Pass, Texas, until at least 
September 30, 2010. 
(c) CONSIDERATION.—As consideration for the con-
veyance of the drydock under subsection (a), the pur-
chaser shall provide compensation to the United States the 
value of which, as determined by the Secretary, is equal 
to the fair market value of the drydock, as determined 
by the Secretary. The Secretary shall take into account 
amounts paid by, or due and owing from, the lessee. 
(d) TRANSFER AT NO COST TO UNITED STATES.— 
The provisions of section 7306(c) of title 10, United 
States Code, shall apply to the conveyance under this sec-
tion. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyance under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOR-
EIGN SHIPYARDS. 
Section 7310 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) REPORT.—The Secretary of the Navy shall sub-
mit to the Committees on Armed Services of the Senate
481 
and the House of Representatives a report any time it is 
determined that a naval vessel (or any other vessel under 
the jurisdiction of the Secretary) is to undergo work for 
the repair of the vessel in a shipyard outside the United 
States or Guam. The report shall be submitted at least 
30 days before the repair work begins and shall contain 
the following: 
‘‘(1) The justification under law for the repair 
in a foreign shipyard. 
‘‘(2) The vessel to be repaired. 
‘‘(3) The shipyard where the repair work will be 
carried out. 
‘‘(4) The cost of the repair. 
‘‘(5) The schedule for repair. 
‘‘(6) The homeport or location of the vessel 
prior to its voyage for repair.’’. 
SEC. 1013. POLICY RELATING TO MAJOR COMBATANT VES-
SELS 
OF 
THE 
STRIKE 
FORCES 
OF 
THE 
UNITED STATES NAVY. 
Section 1012(c)(1) of the National Defense Author-
ization Act for Fiscal Year 2008 (Public Law 110–181) 
is amended by adding at the end the following: 
‘‘(D) Amphibious assault ships, including 
dock landing ships (LSD), amphibious trans-
port–dock ships (LPD), helicopter assault ships
482 
(LHA/LHD), and amphibious command ships 
(LCC), if such vessels exceed 15,000 dead 
weight ton light ship displacement.’’. 
SEC. 1014. NATIONAL DEFENSE SEALIFT FUND AMEND-
MENTS. 
Section 2218 of title 10, United States Code, is 
amended— 
(1) by striking subsection (j) and redesignating 
subsections (k) and (l) as subsections (j) and (k), re-
spectively; and 
(2) in paragraph (2) of subsection (k) (as so re-
designated), by striking subparagraphs (B) thru (I) 
and inserting the following new subparagraph (B): 
‘‘(B) Any other auxiliary vessel that was 
procured or chartered with specific authoriza-
tion in law for the vessel, or class of vessels, to 
be funded in the National Defense Sealift 
Fund.’’. 
SEC. 1015. REPORT ON CONTRIBUTIONS TO THE DOMESTIC 
SUPPLY OF STEEL AND OTHER METALS 
FROM SCRAPPING OF CERTAIN VESSELS. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall submit 
to the congressional defense committees a report con-
taining—
483 
(1) the estimated contribution to the domestic 
market for steel and other metals from the scrap-
ping of each vessel over 50,000 tons displacement 
stricken from the Naval Vessel Register but not yet 
disposed of by the Navy; and 
(2) a plan for the sale and disposal of such ves-
sels. 
Subtitle C—Counter-Drug 
Activities 
SEC. 1021. CONTINUATION OF REPORTING REQUIREMENT 
REGARDING DEPARTMENT OF DEFENSE EX-
PENDITURES 
TO 
SUPPORT 
FOREIGN 
COUNTER-DRUG ACTIVITIES. 
Section 1022(a) of the Floyd D. Spence National De-
fense Authorization Act for Fiscal Year 2001 (as enacted 
into law by Public Law 106–398; 114 Stat. 1654A–255), 
as most recently amended by section 1024 of the National 
Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2383), is further amended by 
striking ‘‘and February 15, 2008’’ and inserting ‘‘Feb-
ruary 15, 2008, and February 15, 2009’’.
484 
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK 
FORCES TO PROVIDE SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2004 (Public Law 108–136; 10 
U.S.C. 371 note), as amended by section 1021 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 304), is amended by 
striking ‘‘2008’’ and inserting ‘‘2009’’. 
SEC. 1023. EXTENSION OF AUTHORITY TO SUPPORT UNI-
FIED 
COUNTER-DRUG 
AND 
COUNTERTERRORISM CAMPAIGN IN COLOM-
BIA AND CONTINUATION OF NUMERICAL LIM-
ITATION ON ASSIGNMENT OF UNITED STATES 
PERSONNEL. 
Section 1021 of the Ronald W. Reagan National De-
fense Authorization Act for Fiscal Year 2005 (Public Law 
108–375; 118 Stat. 2042), as amended by section 1023 
of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 
2382), is further amended— 
(1) in subsection (a), by striking ‘‘2008’’ and 
inserting ‘‘2009’’; and 
(2) in subsection (c), by striking ‘‘2008’’ and 
inserting ‘‘2009’’.
485 
SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO 
PROVIDE 
ADDITIONAL 
SUPPORT 
FOR 
COUNTER-DRUG 
ACTIVITIES 
OF 
CERTAIN 
FOREIGN GOVERNMENTS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a)(2) 
of section 1033 of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 
1881), as amended by section 1021 of the National De-
fense Authorization Act for Fiscal Year 2004 (Public Law 
108–136, 117 Stat. 1593), section 1022 of the John War-
ner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364; 120 Stat. 2137), and section 
1022 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 304), is fur-
ther amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 
(b) ADDITIONAL GOVERNMENTS ELIGIBLE TO RE-
CEIVE SUPPORT.—Subsection (b) of such section is 
amended by adding at the end the following new para-
graphs: 
‘‘(19) The Government of Guinea–Bissau. 
‘‘(20) The Government of Senegal. 
‘‘(21) The Government of Ghana.’’. 
(c) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub-
section (e)(2) of such section is amended— 
(1) by striking ‘‘or’’ after ‘‘2006,’’; and
486 
(2) by striking the period at the end and insert-
ing ‘‘, or $65,000,000 during fiscal year 2009.’’. 
(d) CONDITION ON PROVISION OF SUPPORT.—Sub-
section (f) of such section is amended— 
(1) in paragraph (2), by inserting after ‘‘In the 
case of’’ the following: ‘‘funds appropriated for fiscal 
year 2009 to carry out this section and’’; and 
(2) in paragraph (4)(B), by striking ‘‘Com-
mittee on International Relations’’ and inserting 
‘‘Committee on Foreign Affairs’’. 
(e) COUNTER-DRUG PLAN.—Subsection (h) of such 
section is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘fiscal year 2004’’ and inserting ‘‘fiscal year 
2009’’; and 
(2) in subparagraph (7), by striking ‘‘For the 
first fiscal year’’ and inserting ‘‘For fiscal year 
2009, and thereafter, for the first fiscal year’’. 
SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE 
STRATEGY 
FOR 
COUNTER-NARCOTICS 
EF-
FORTS 
FOR 
WEST 
AFRICA 
AND 
THE 
MAGHREB. 
(a) REPORT REQUIRED.—Not later than March 1, 
2009, the Secretary of Defense shall submit to the con-
gressional defense committees a comprehensive strategy of
487 
the Department of the Defense with regard to counter- 
narcotics efforts in Africa, with an emphasis on West Afri-
ca and the Maghreb. The Secretary of Defense shall pre-
pare the strategy in consultation with the Secretary of 
State. 
(b) MATTERS TO BE INCLUDED.—The comprehen-
sive strategy shall consist of a general overview and a sep-
arate detailed section for each of the following: 
(1) The roles and missions of the Department 
of Defense in support of the overall United States 
counter-narcotics policy for Africa. 
(2) The priorities for the Department of De-
fense to meet programmatic objectives one-year, 
three-years, and five-years after the end of fiscal 
year 2009, including a description of the expected 
allocation of resources of the Department of Defense 
to accomplish these priorities. 
(3) The efforts to coordinate the counter-nar-
cotics activities of the Department of Defense with 
the counter-narcotics activities of the governments 
eligible to receive support under section 1033 of the 
National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 1881) and the 
counter-narcotics activities in Africa of European
488 
countries and other international and regional part-
ners. 
(c) PLANS.—The comprehensive strategy shall also 
include the following plans: 
(1) A detailed and comprehensive plan to utilize 
the capabilities and assets of Joint Inter-Agency 
Task Force-South of the United States Southern 
Command for the counter-narcotics efforts and ac-
tivities of the United States Africa Command on a 
temporary basis until the United States Africa Com-
mand develops its own commensurate capabilities 
and assets, including in the plan a description of 
what measures will be taken to effectuate the transi-
tion of the missions, which are accomplished using 
such capabilities and assets, from Joint Inter-Agen-
cy Task Force-South to United States Africa Com-
mand. 
(2) A detailed and comprehensive plan to en-
hance cooperation with certain African countries, 
which are often geographically contiguous to other 
African countries that have a significant narcotics- 
trafficking challenges, to increase the effectiveness of 
the counter-narcotics activities of the Department of 
Defense and its international and regional partners.
489 
SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE 
STRATEGY 
FOR 
COUNTER-NARCOTICS 
EF-
FORTS IN SOUTH AND CENTRAL ASIAN RE-
GIONS. 
(a) REPORT REQUIRED.—Not later than March 1, 
2009, the Secretary of Defense shall submit to the con-
gressional defense committees a comprehensive strategy of 
the Department of the Defense with regard to counter- 
narcotics efforts in the South and Central Asian regions, 
including the countries of Afghanistan, Turkmenistan, 
Tajikistan, Kyrgyzstan, Kazakhstan, Pakistan, and India, 
as well as the countries of Armenia, Azerbaijan, and 
China. 
(b) MATTERS TO BE INCLUDED.—The comprehen-
sive strategy shall consist of a general overview and a sep-
arate detailed section for each of the following: 
(1) The roles and missions of the Department 
of Defense in support of the overall United States 
counter-narcotics policy for countries of the South 
and Central Asian regions and the other countries 
specified in subsection (a). 
(2) The priorities for the Department of De-
fense to meet programmatic objectives for fiscal year 
2010, including a description of the expected alloca-
tion of resources of the Department of Defense to 
accomplish these priorities.
490 
(3) The ongoing and planned counter-narcotics 
activities funded by the Department of Defense for 
such regions and countries, including a description 
of the accompanying allocation of resources of the 
Department of Defense to carry out these activities. 
(4) The efforts to coordinate the counter-nar-
cotics activities of the Department of Defense with 
the counter-narcotics activities of such regions and 
countries and the counter-narcotics activities of 
other international partners in such regions and 
countries. 
(5) The specific metrics used by the Depart-
ment of Defense to evaluate progress of activities to 
reduce the production and trafficking of illicit nar-
cotics in such regions and countries. 
Subtitle D—Boards and 
Commissions 
SEC. 1031. STRATEGIC COMMUNICATION MANAGEMENT 
BOARD. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish a Strategic Communication Management Board (in 
this section referred to as the ‘‘Board’’) to provide advice 
to the Secretary on strategic direction and to help estab-
lish priorities for strategic communication activities. 
(b) COMPOSITION.—
491 
(1) IN
GENERAL.—The Board shall be com-
posed of members selected in accordance with this 
subsection. 
(2) MEMBERS.—The Secretary of Defense shall 
appoint members within 30 days after the date of 
the enactment of this Act, selected from among or-
ganizations within the Department of Defense re-
sponsible for strategic communication, public diplo-
macy, and public affairs, including the following: 
(A) Civil affairs, strategic communication, 
or public affairs offices of the military depart-
ments. 
(B) The Joint Staff. 
(C) The combatant commands. 
(D) The Office of the Secretary of De-
fense. 
(3) ADVISORY MEMBERS.—The Board shall ap-
point advisory members of the Board after the mem-
bers have been selected under paragraph (2), upon 
petition from entities seeking advisory membership. 
Advisory members shall be selected from the broader 
interagency community, and may include representa-
tives from the following; 
(A) The Department of State. 
(B) The Department of Justice.
492 
(C) The Department of Commerce. 
(D) The United States Agency for Inter-
national Development. 
(E) The Office of the Director of National 
Intelligence. 
(F) The National Security Council. 
(G) The Broadcasting Board of Governors. 
(4) LEADERSHIP.—The Under Secretary of De-
fense for Policy (or his designee) shall chair the 
Board. 
(c) DUTIES.—The duties of the Board are as follows: 
(1) Provide strategic direction for efforts of the 
Department of Defense related to strategic commu-
nication and military support to public diplomacy. 
(2) Establish Department of Defense priorities 
in these areas. 
(3) Evaluate and select proposals for efforts 
that support the Department of Defense strategic 
communication mission. 
(4) Such other duties as the Secretary may as-
sign.
493 
SEC. 1032. EXTENSION OF CERTAIN DATES FOR CONGRES-
SIONAL COMMISSION ON THE STRATEGIC 
POSTURE OF THE UNITED STATES. 
(a) EXTENSION OF DATES.—Section 1062 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181) is amended— 
(1) in subsection (e) by striking ‘‘December 1, 
2008’’ and inserting ‘‘March 1, 2009’’; and 
(2) in subsection (g) by striking ‘‘June 1, 
2009’’ and inserting ‘‘September 30, 2009’’. 
(b) INTERIM REPORT.—Not later than December 1, 
2008, the Congressional Commission on the Strategic Pos-
ture of the United States shall submit to the President, 
the Secretary of Defense, the Secretary of Energy, the 
Secretary of State, the Committee on Armed Services of 
the Senate, and the Committee on Armed Services of the 
House of Representatives an interim report on the com-
mission’s initial findings, conclusions, and recommenda-
tions. To the extent practicable, the interim report shall 
address the matters required to be included in the report 
under subsection (e) of such section 1062. 
SEC. 1033. EXTENSION OF COMMISSION TO ASSESS THE 
THREAT TO THE UNITED STATES FROM ELEC-
TROMAGNETIC PULSE (EMP) ATTACK. 
(a) EXTENSION.—Section 1409 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal
494 
Year 2001 (as enacted into law by Public Law 106–398; 
114 Stat. 1654A–348; 50 U.S.C. 2301 note), as amended 
by section 1052(j) of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3435), is amended by striking ‘‘The Commission shall ter-
minate’’ and all that follows through the period at the end 
and inserting ‘‘The Commission shall terminate March 31, 
2012.’’. 
(b) ANNUAL REPORTS.—Section 1403 of that Act 
(114 Stat. 1654A–346; 50 U.S.C. 2301 note), as amended 
by section 1052(f) of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3434), is amended by adding at the end the following: 
‘‘(c) ANNUAL REPORTS.—The Commission shall, not 
later than March 1 of each of years 2010, 2011, and 2012, 
submit to Congress a report— 
‘‘(1) assessing the changes to the vulnerability 
of United States military systems and critical civil-
ian infrastructures resulting from the EMP threat 
and changes in the threat; 
‘‘(2) describing the progress, or lack of 
progress, in protecting United States military sys-
tems and critical civilian infrastructures from EMP 
attack; and
495 
‘‘(3) containing recommendations to address the 
threat and protect United States military systems 
and critical civilian infrastructures from attack.’’. 
(c) FUNDING.—Section 1408 of that Act (114 Stat. 
1654A–348; 50 U.S.C. 2301 note), as amended by section 
1052(i) of the National Defense Authorization Act for Fis-
cal Year 2006 (Public Law 109–163; 119 Stat. 3435), is 
amended by adding at the end the following: ‘‘Such funds 
shall not exceed $3,000,000 per fiscal year.’’. 
(d) ADDITIONAL MEMBERS.—Effective as of the date 
that is 90 days after the date of the enactment of this 
Act— 
(1) section 1401 of that Act (114 Stat. 1654A– 
346; 50 U.S.C. 2301 note), as amended by section 
1052(d) of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3434), is amended by striking subsections (c) 
and (d) and inserting the following: 
‘‘(c) COMPOSITION.— 
‘‘(1) IN GENERAL.—The Commission shall be 
composed of eleven members. 
‘‘(2) DOD AND FEMA MEMBERS.—Seven of the 
members shall be appointed by the Secretary of De-
fense, and two of the members shall be appointed by 
the Director of the Federal Emergency Management
508 
tegic nuclear weapons and should assess the risks of 
nonstrategic nuclear weapons being developed, ac-
quired, or utilized by other countries, particularly 
rogue states, and by terrorists and other non-state 
actors; and 
(5) the United States should work cooperatively 
with other countries to improve the security of non-
strategic nuclear weapons and to promote multilat-
eral reductions in the numbers of nonstrategic nu-
clear weapons. 
(b) REVIEW.—The Secretary of Defense, in consulta-
tion with the Secretary of State, the Secretary of Energy, 
and the Director of National Intelligence, shall conduct 
a review of nonstrategic nuclear weapons world-wide that 
includes— 
(1) an inventory of the nonstrategic nuclear ar-
senals of the United States and each of the other 
countries that possess, or is believed to possess, non-
strategic nuclear weapons, which indicates, as accu-
rately as possible, the nonstrategic nuclear weapons 
that are known, or are believed, to exist according 
to nationality, type, yield, and form of delivery, and 
an assessment of the methods that are currently em-
ployed to identify, track, and monitor nonstrategic 
nuclear weapons and their component materials;
612 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—Such section is further amended by adding at the 
end the following: 
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means— 
‘‘(1) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Affairs of the House of Representatives; 
and 
‘‘(2) the Committee on Armed Services, the 
Committee on Appropriations, and the Committee on 
Foreign Relations of the Senate.’’. 
SEC. 1218. STUDY AND REPORT ON IRAQI POLICE TRAINING 
TEAMS. 
(a) STUDY.—Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in consultation with the Secretary of State and the Gov-
ernment of Iraq, shall conduct a study and submit to the 
appropriate congressional committees a report containing 
the recommendations of the Secretary of Defense on— 
(1) the number of advisors needed to suffi-
ciently staff enough Iraqi police training teams to 
cover a majority of the approximately 1,100 Iraqi