†
638
HR 1585 EAS
cause of action opposable against the state, and which
is still before the courts in any form, including ap-
peal or motion under Federal Rule of Civil Procedure
60(b), shall, on motion made to the Federal District
Court where the judgment or action was initially en-
tered, be given effect as if it had originally been filed
pursuant to section 1605A(d) of title 28, United
States Code. The defenses of res judicata, collateral es-
toppel and limitation period are waived in any re-
filed action described in this paragraph and based on
the such claim. Any such motion or re-filing must be
made not later than 60 days after enactment of this
Act.
SEC. 1088. SMALL HIGH-TECH FIRMS.
Section 9(m) of the Small Business Act (15 U.S.C.
638(m)) is amended by striking ‘‘2008’’ and inserting
‘‘2010’’.
SEC. 1089. INCREASED AUTHORITY FOR REPAIR, RESTORA-
TION, AND PRESERVATION OF LAFAYETTE ES-
CADRILLE 
MEMORIAL, 
MARNES-LA-CO-
QUETTE, FRANCE.
Section 1065 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat.
1233) is amended—
†
639
HR 1585 EAS
(1) 
in 
subsection 
(a)(2), 
by 
striking
‘‘$2,000,000’’ and inserting ‘‘$2,500,000’’; and
(2) in subsection (e), by striking ‘‘under section
301(a)(4)’’.
SEC. 1090. RETENTION OF REIMBURSEMENT FOR PROVI-
SION OF RECIPROCAL FIRE PROTECTION
SERVICES.
Section 5 of the Act of May 27, 1955 (chapter 105;
69 Stat. 67; 42 U.S.C. 1856d) is amended—
(1) by striking ‘‘Funds’’ and inserting ‘‘(a)
Funds’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) Notwithstanding the provisions of subsection (a),
all sums received for any Department of Defense activity
for fire protection rendered pursuant to this Act shall be
credited to the appropriation fund or account from which
the expenses were paid. Amounts so credited shall be merged
with funds in such appropriation fund or account and shall
be available for the same purposes and subject to the same
limitations as the funds with which the funds are merged.’’.
SEC. 1091. NATIONAL CENTER FOR HUMAN PERFORMANCE.
The scientific institute to perform research and edu-
cation in medicine and related sciences to enhance human
performance that is located at the Texas Medical Center
†
640
HR 1585 EAS
shall hereafter be known as the ‘‘National Center for
Human Performance’’. Nothing in this section shall be con-
strued to convey on such institute status as a center of excel-
lence under the Public Health Service Act or as a center
of the national institutes of health under title IV of such
Act.
SEC. 1092. DEFINITION OF ALTERNATIVE FUELED VEHICLE.
Section 301(3) of the Energy Policy Act of 1992 (42
U.S.C. 13211(3)) is amended—
(1) by striking ‘‘(3) the term’’ and inserting the
following:
‘‘(3) ALTERNATIVE FUELED VEHICLE.—
‘‘(A) IN GENERAL.—The term’’; and
(2) by adding at the end the following:
‘‘(B) INCLUSIONS.—The term ‘alternative
fueled vehicle’ includes—
‘‘(i) a new qualified fuel cell motor ve-
hicle (as defined in section 30B(b)(3) of the
Internal Revenue Code of 1986);
‘‘(ii) a new advanced lean burn tech-
nology motor vehicle (as defined in section
30B(c)(3) of that Code);
‘‘(iii) a new qualified hybrid motor ve-
hicle (as defined in section 30B(d)(3) of
that Code); and
†
641
HR 1585 EAS
‘‘(iv) any other type of vehicle that the
agency demonstrates to the Secretary would
achieve a significant reduction in petroleum
consumption.’’.
SEC. 1093. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS
FOR FAMILY MEMBERS OF INDIVIDUALS PER-
FORMING CERTAIN MILITARY SERVICE.
(a) FEDERAL EMPLOYEES PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) CAREGIVER.—The term ‘‘caregiver’’
means an individual who—
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of
children or other dependent family members
of a qualified member of the Armed Forces.
(B) COVERED
PERIOD
OF
SERVICE.—The
term ‘‘covered period of service’’ means any pe-
riod of service performed by an employee as a
caregiver while the individual who designated
the caregiver under paragraph (3) remains a
qualified member of the Armed Forces.
(C) EMPLOYEE.—The term ‘‘employee’’ has
the meaning given under section 6331 of title 5,
United States Code.