110TH CONGRESS 
2D SESSION 
H. R. 5658 
AN ACT 
To authorize appropriations for fiscal year 2009 for military 
activities of the Department of Defense, for military 
construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths 
for such fiscal year, to amend the Servicemembers Civil 
Relief Act to provide for the protection of child custody 
arrangements for parents who are members of the Armed 
Forces deployed in support of a contingency operation, 
and for other purposes.
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Sec. 106. Rapid Acquisition Fund. 
Subtitle B—Army Programs 
Sec. 111. Separate procurement line items for Future Combat Systems pro-
gram. 
Sec. 112. Restriction on contract awards for major elements of the Future 
Combat Systems program. 
Sec. 113. Restriction on obligation of funds for Army tactical radio pending re-
port. 
Sec. 114. Restriction on obligation of procurement funds for Armed Reconnais-
sance Helicopter program pending certification. 
Subtitle C—Navy Programs 
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 
Sec. 122. Applicability of previous teaming agreements for Virginia-class sub-
marine program. 
Sec. 123. Littoral Combat Ship (LCS) program. 
Sec. 124. Report on F/A–18 procurement costs, comparing multiyear to annual. 
Subtitle D—Air Force Programs 
Sec. 131. Limitation on retiring C–5 aircraft. 
Sec. 132. Maintenance of retired KC–135E aircraft. 
Sec. 133. Repeal of multi-year contract authority for procurement of tanker 
aircraft. 
Sec. 134. Report on processes used for requirements development for KC–(X). 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Body armor acquisition strategy. 
Sec. 142. Small arms acquisition strategy and requirements review. 
Sec. 143. Requirement for common ground stations and payloads for manned 
and unmanned aerial vehicles. 
Sec. 144. Report on Future Jet carrier trainer Requirements of the Navy. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Additional determinations to be made as part of Future Combat Sys-
tems milestone review. 
Sec. 212. Analysis of Future Combat Systems communications network and 
software. 
Sec. 213. Future Combat Systems manned ground vehicle selected acquisition 
reports. 
Sec. 214. Separate procurement and research, development, test, and evaluation 
line items and program elements for Sky Warrior Unmanned 
Aerial Systems project.
Sec. 215. Restriction on obligation of funds for the Warfighter Information 
Network—Tactical program. 
Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft ex-
penditures. 
Subtitle C—Missile Defense Programs 
Sec. 221. Independent study of boost phase missile defense. 
Sec. 222. Limitation on availability of funds for procurement, construction, and 
deployment of missile defenses in Europe. 
Subtitle D—Other Matters 
Sec. 231. Oversight of testing of personnel protective equipment by Director, 
Operational Test and Evaluation. 
Sec. 232. Assessment of the Historically Black Colleges and Universities and 
Minority Serving Institutions Program. 
Sec. 233. Technology-neutral information technology guidelines and standards 
to support fully interoperable electronic personal health infor-
mation for the Department of Defense and Department of Vet-
erans Affairs. 
Sec. 234. Repeal of requirement for Technology Transition Initiative. 
Sec. 235. Trusted defense systems. 
Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar 
system pending submission of report. 
Sec. 237. Capabilities-based assessment to outline a joint approach for future 
development of vertical lift aircraft and rotorcraft. 
Sec. 238. Availability of funds for prompt global strike capability development. 
Sec. 239. Visiting NIH Senior Neuroscience Fellowship Program. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Authorization for Department of Defense participation in conserva-
tion banking programs. 
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs 
in connection with Moses Lake Wellfield Superfund Site, Moses 
Lake, Washington. 
Sec. 313. Expand cooperative agreement authority for management of natural 
resources to include off-installation mitigation. 
Sec. 314. Detection instrument technology research and deployment of resulting 
detection instruments and technological improvements. 
Sec. 315. Closed Loop Recycling for Motor Vehicle Lubricating Oil. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Time limitation on duration of public-private competitions. 
Sec. 322. Comprehensive analysis and development of single Government-wide 
definition of inherently governmental function. 
Sec. 323. Study on future depot capability. 
Sec. 324. High-performing organization business process reengineering.
Sec. 325. Temporary suspension of studies and public-private competitions re-
garding conversion of functions of the Department of Defense 
performed by civilian employees to contractor performance. 
Sec. 326. Consolidation of Air Force and Air National Guard aircraft mainte-
nance. 
Sec. 327. Guidance for performance of civilian personnel work under Air Force 
civilian personnel consolidation plan. 
Sec. 328. Report on reduction in number of firefighters on Air Force bases. 
Subtitle D—Energy Security 
Sec. 331. Annual report on operational energy management and implementa-
tion of operational energy strategy. 
Sec. 332. Consideration of fuel logistics support requirements in planning, re-
quirements development, and acquisition processes. 
Sec. 333. Study on solar energy for use at forward operating locations. 
Sec. 334. Study on coal-to-liquid fuels. 
Sec. 335. Exception to alternative fuel procurement requirement. 
Sec. 336. Study of Consideration of Greenhouse Gas Emissions in Acquisition 
Processes. 
Subtitle E—Reports 
Sec. 341. Comptroller General report on readiness of Armed Forces. 
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force per-
sonnel. 
Sec. 343. Comptroller General report on the use of the Army Reserve and Na-
tional Guard as an operational reserve. 
Sec. 344. Comptroller General report on link between preparation and use of 
Army reserve component forces to support ongoing operations. 
Sec. 345. Comptroller General report on adequacy of funding, staffing, and or-
ganization of Department of Defense Military Munitions Re-
sponse Program. 
Sec. 346. Report on options for providing repair capabilities to support ships 
operating near Guam. 
Subtitle F—Other Matters 
Sec. 351. Extension of Enterprise Transition Plan reporting requirement. 
Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical 
artifacts, and condemned or obsolete combat materiel. 
Sec. 353. Repeal of requirement that Secretary of Air Force provide training 
and support to other military departments for A–10 aircraft. 
Sec. 354. Display of annual budget requirements for Air Sovereignty Alert Mis-
sion. 
Sec. 355. Sense of Congress that Air Sovereignty Alert Mission should receive 
sufficient funding and resources. 
Sec. 356. Revision of certain Air Force regulations required. 
Sec. 357. Transfer of C–12 aircraft to California Department of Forestry and 
Fire Protection. 
Sec. 358. Availability of funds for Irregular Warfare Support program. 
Sec. 359. Sense of Congress regarding procurement and use of munitions. 
Sec. 360. Limitation on obligation of funds for Air Combat Command Manage-
ment Headquarters. 
Sec. 361. Increase of domestic sourcing of military working dogs used by the 
Department of Defense.
Sec. 362. Funding for programs relating to dental readiness for the Army Re-
serve. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active 
duty for operational support. 
Sec. 416. Additional waiver authority of limitation on number of reserve compo-
nent members authorized to be on active duty. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Mandatory separation requirements for regular warrant officers for 
length of service. 
Sec. 502. Requirements for issuance of posthumous commissions and warrants. 
Sec. 503. Extension of authority to reduce minimum length of active service re-
quired for voluntary retirement as an officer. 
Sec. 504. Increase in authorized number of general officers on active duty in 
the Marine Corps. 
Subtitle B—Reserve Component Management 
Sec. 511. Extension to all military departments of authority to defer mandatory 
separation of military technicians (dual status). 
Sec. 512. Increase in authorized strengths for Marine Corps Reserve officers on 
active duty in the grades of major and lieutenant colonel to 
meet force structure requirements. 
Sec. 513. Clarification of authority to consider for a vacancy promotion Na-
tional Guard officers ordered to active duty in support of a 
contingency operation. 
Sec. 514. Increase in mandatory retirement age for certain Reserve officers. 
Sec. 515. Age limit for retention of certain Reserve officers on active-status list 
as exception to removal for years of commissioned service. 
Sec. 516. Authority to retain Reserve chaplains and officers in medical and re-
lated specialties until age 68. 
Sec. 517. Study and report regarding personnel movements in Marine Corps 
Individual Ready Reserve. 
Subtitle C—Joint Qualified Officers and Requirements 
Sec. 521. Joint duty requirements for promotion to general or flag officer.
Sec. 522. Technical, conforming, and clerical changes to joint specialty termi-
nology. 
Sec. 523. Promotion policy objectives for Joint Qualified Officers. 
Sec. 524. Length of joint duty assignments. 
Sec. 525. Designation of general and flag officer positions on Joint Staff as po-
sitions to be held only by reserve component officers. 
Sec. 526. Treatment of certain service as joint duty experience. 
Subtitle D—General Service Authorities 
Sec. 531. Increase in authorized maximum reenlistment term. 
Sec. 532. Career intermission pilot program. 
Subtitle E—Education and Training 
Sec. 541. Repeal of prohibition on phased increase in midshipmen and cadet 
strength limit at United States Naval Academy and Air Force 
Academy. 
Sec. 542. Promotion of foreign and cultural exchange activities at military serv-
ice academies. 
Sec. 543. Compensation for civilian President of Naval Postgraduate School. 
Sec. 544. Increased authority to enroll defense industry employees in defense 
product development program. 
Sec. 545. Requirement of completion of service under honorable conditions for 
purposes of entitlement to educational assistance for reserve 
components members supporting contingency operations. 
Sec. 546. Consistent education loan repayment authority for health profes-
sionals in regular components and Selected Reserve. 
Sec. 547. Increase in number of units of Junior Reserve Officers’ Training 
Corps. 
Sec. 548. Correction of erroneous Army College Fund benefit amounts. 
Sec. 549. Expanded authority for institutions of professional military education 
to award degrees. 
Sec. 550. Enhancing education partnerships to improve accessibility and flexi-
bility for members of the Armed Forces. 
Subtitle F—Military Justice 
Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine 
Corps. 
Sec. 552. Standing military protection order. 
Sec. 553. Mandatory notification of issuance of military protective order to ci-
vilian law enforcement. 
Sec. 554. Implementation of information database on sexual assault incidents 
in the Armed Forces. 
Subtitle G—Decorations, Awards, and Honorary Promotions 
Sec. 561. Replacement of military decorations. 
Sec. 562. Authorization and request for award of Medal of Honor to Richard 
L. Etchberger for acts of valor during the Vietnam War. 
Sec. 563. Advancement of Brigadier General Charles E. Yeager, United States 
Air Force (retired), on the retired list. 
Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States Navy 
(retired), on the retired list. 
Sec. 565. Award of Vietnam Service Medal to veterans who participated in Ma-
yaguez rescue operation.
Sec. 566. Retroactive award of Army Combat Action Badge. 
Subtitle H—Impact Aid 
Sec. 571. Continuation of authority to assist local educational agencies that 
benefit dependents of members of the Armed Forces and De-
partment of Defense civilian employees. 
Sec. 572. Calculation of payments under Department of Education’s Impact 
Aid program. 
Subtitle I—Military Families 
Sec. 581. Presentation of burial flag. 
Sec. 582. Education and training opportunities for military spouses. 
Sec. 583. Sense of the Congress regarding honor guard details for funerals of 
veterans. 
Subtitle J—Other Matters 
Sec. 591. Inclusion of Reserves in providing Federal aid for State governments, 
enforcing Federal authority, and responding to major public 
emergencies. 
Sec. 592. Interest payments on certain claims arising from correction of mili-
tary records. 
Sec. 593. Extension of limitation on reductions of personnel of agencies respon-
sible for review and correction of military records. 
Sec. 594. Authority to order Reserve units to active duty to provide assistance 
in response to a major disaster or emergency. 
Sec. 595. Senior Military Leadership Diversity Commission. 
Sec. 596. Limitation on simultaneous deployment to combat zones of dual-mili-
tary couples who have minor dependents. 
Sec. 597. Additional funds to carry out funeral honor functions at funerals for 
veterans. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2009 increase in military basic pay. 
Sec. 602. Permanent prohibition on charges for meals received at military 
treatment facilities by members receiving continuous care. 
Sec. 603. Equitable treatment of senior enlisted members in computation of 
basic allowance for housing. 
Sec. 604. Increase in maximum authorized payment or reimbursement amount 
for temporary lodging expenses. 
Sec. 605. Availability of portion of a second family separation allowance for 
married couples with dependents. 
Sec. 606. Stabilization of pay and allowances for senior enlisted members and 
warrant officers appointed as officers and officers reappointed 
in a lower grade. 
Sec. 607. Extension of authority for income replacement payments for reserve 
component members experiencing extended and frequent mobi-
lization for active duty service. 
Sec. 608. Guaranteed pay increase for members of the Armed Forces of one- 
half of one percentage point higher than Employment Cost 
Index.
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve 
forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care 
professionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. Extension of authorities relating to payment of other title 37 bonuses 
and special pays. 
Sec. 615. Extension of authorities relating to payment of referral bonuses. 
Sec. 616. Increase in maximum bonus and stipend amounts authorized under 
Nurse Officer Candidate Accession Program. 
Sec. 617. Maximum length of nuclear officer incentive pay agreements for serv-
ice. 
Sec. 618. Technical changes regarding consolidation of special pay, incentive 
pay, and bonus authorities of the uniformed services. 
Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to 
encourage training in critical foreign languages and foreign 
cultural studies. 
Sec. 620. Temporary targeted bonus authority to increase direct accessions of 
officers in certain health professions. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Increased weight allowance for transportation of baggage and house-
hold effects for certain enlisted members. 
Sec. 632. Additional weight allowance for transportation of materials associated 
with employment of a member’s spouse or community support 
volunteer or charity activities. 
Sec. 633. Transportation of family pets during evacuation of nonessential per-
sonnel. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Equity in computation of disability retired pay for reserve component 
members wounded in action. 
Sec. 642. Effect of termination of subsequent marriage on payment of Survivor 
Benefit Plan annuity to surviving spouse or former spouse who 
previously transferred annuity to dependent children. 
Sec. 643. Extension to survivors of certain members who die on active duty of 
special survivor indemnity allowance for persons affected by re-
quired Survivor Benefit Plan annuity offset for dependency and 
indemnity compensation. 
Sec. 644. Election to receive retired pay for non-regular service upon retirement 
for service in an active reserve status performed after attaining 
eligibility for regular retirement. 
Sec. 645. Recomputation of retired pay and adjustment of retired grade of Re-
serve retirees to reflect service after retirement. 
Sec. 646. Correction of unintended reduction in survivor benefit plan annuities 
due to phased elimination of two-tier annuity computation and 
supplemental annuity. 
Sec. 647. Presumption of death for participants in Survivor Benefit Plan in 
missing status. 
Sec. 648. Eligibility for disability retired pay and separation pay of certain 
former cadets and midshipmen with prior enlisted service.
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
and Operations 
Sec. 651. Use of commissary stores surcharges derived from temporary com-
missary initiatives for reserve components and retired mem-
bers. 
Sec. 652. Requirements for private operation of commissary store functions. 
Sec. 653. Additional exception to limitation on use of appropriated funds for 
Department of Defense golf courses. 
Sec. 654. Enhanced enforcement of prohibition on sale or rental of sexually ex-
plicit material on military installations. 
Sec. 655. Requirement to buy military decorations, ribbons, badges, medals, in-
signia, and other uniform accouterments produced in the 
United States. 
Sec. 656. Use of appropriated funds
to pay post allowances or overseas cost 
of living allowances to nonappropriated fund instrumentality 
employees serving overseas. 
Sec. 657. Study regarding sale of alcoholic wine and beer in commissary stores 
in addition to exchange stores. 
Subtitle F—Other Matters 
Sec. 661. Bonus to encourage Army personnel and other persons to refer per-
sons for enlistment in the Army. 
Sec. 662. Continuation of entitlement to bonuses and similar benefits for mem-
bers of the uniformed services who die, are separated or retired 
for disability, or meet other criteria. 
Sec. 663. Providing injured members of the Armed Forces information con-
cerning benefits. 
Sec. 664. Postal benefits program for members of the Armed Forces serving 
in Iraq or Afghanistan. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. One-year extension of prohibition on increases in certain health care 
costs for members of the uniformed services. 
Sec. 702. Temporary prohibition on increase in copayments under retail phar-
macy system of pharmacy benefits program. 
Sec. 703. Prohibition on conversion of military medical and dental positions to 
civilian medical and dental positions. 
Sec. 704. Chiropractic health care for members on active duty. 
Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums 
based on actual cost data. 
Sec. 706. Program for health care delivery at military installations projected to 
grow. 
Sec. 707. Guidelines for combined Federal medical facilities. 
Sec. 708. Reserve component behavioral health care provider locator and ap-
pointment assistance demonstration project. 
Subtitle B—Preventive Care 
Sec. 711. Waiver of copayments for preventive services for certain TRICARE 
beneficiaries. 
Sec. 712. Military health risk management demonstration project. 
Sec. 713. Smoking cessation program under TRICARE.
Sec. 714. Preventive health allowance. 
Subtitle C—Wounded Warrior Matters 
Sec. 721. Center of excellence in prevention, diagnosis, mitigation, treatment, 
and rehabilitation of hearing loss and auditory system injuries. 
Sec. 722.
Clarification to center of excellence relating to military eye injuries. 
Sec. 723. National Casualty Care Research Center. 
Sec. 724. Peer-reviewed research program on extremity war injuries. 
Sec. 725. Review of policies and processes related to the delivery of mail to 
wounded members of the Armed Forces. 
Sec. 726. Post-deployment mental health screening demonstration project. 
Subtitle D—Other Matters 
Sec. 731. Report on stipend for members of reserve components for health care 
for certain dependents. 
Sec. 732. Report on providing the Extended Care Health Option Program to 
autistic dependents of military retirees. 
Sec. 733. Sense of Congress regarding autism therapy services. 
Sec. 734. Report on implementation of recommendations contained in report on 
health effects of exposure to depleted uranium. 
Sec. 735. Suicide Risk by Military Occupation. 
Sec. 736. Implementation of recommendations of Department of Defense Men-
tal Health Task Force. 
Sec. 737. Transitional health care for certain members of the Armed Forces 
who agree to serve in the Selected Reserve of the Ready Re-
serve. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 
AND RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Review of impact of illegal subsidies on acquisition of KC–45 aircraft. 
Sec. 802. Assessment of urgent operational needs fulfillment. 
Sec. 803. Preservation of tooling for major defense acquisition programs. 
Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. 
Sec. 805. Domestic industrial base considerations during source selection. 
Sec. 806. Commercial software reuse preference. 
Sec. 807. Comprehensive proposal analysis required during source selection. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 811. Acquisition workforce expedited hiring authority. 
Sec. 812. Definition of system for Defense Acquisition Challenge Program. 
Sec. 813. Career path and other requirements for military personnel in the ac-
quisition field. 
Sec. 814. Technical data rights for non-FAR agreements. 
Sec. 815. Clarification that cost accounting standards apply to Federal con-
tracts performed outside the United States. 
Subtitle C—Provisions Relating to Inherently Governmental Functions 
Sec. 821. Policy on personal conflicts of interest by employees of Department 
of Defense contractors. 
Sec. 822. Development of guidance on personal services contracts.
Sec. 823. Limitation on performance of product support integrator functions. 
Sec. 824. Performance by private security contractors of inherently govern-
mental functions in an area of combat operations. 
Subtitle D—Defense Industrial Security 
Sec. 831. Requirements relating to facility clearances. 
Sec. 832. Foreign ownership control or influence. 
Sec. 833. Congressional oversight relating to facility clearances and foreign 
ownership control or influence; definitions. 
Subtitle E—Other Matters 
Sec. 841. Clarification of status of Government rights in the designs of depart-
ment of defense vessels, boats, and craft, and components 
thereof. 
Sec. 842. Expansion of authority to retain fees from licensing of intellectual 
property. 
Sec. 843. Transfer of sections of title 10 relating to Milestone A and Milestone 
B for clarity. 
Sec. 844. Earned value management study and report. 
Sec. 845. Report on market research. 
Sec. 846. System development and demonstration benchmark report. 
Sec. 847. Additional matters required to be reported by contractors performing 
security functions in areas of combat operations. 
Sec. 848. Report relating to munitions. 
Sec. 849. Additional contractor requirements and responsibilities relating to al-
leged crimes by or against contractor personnel in Iraq and Af-
ghanistan. 
Sec. 850. Requirement for Department of Defense to adopt an acquisition 
strategy for Defense Base Act insurance. 
Sec. 851. Motor carrier fuel surcharges. 
Sec. 852. Requirement for defense contract clause prohibiting certain uses of 
foreign shell companies. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Revisions in functions and activities of special operations command. 
Sec. 902. Requirement to designate officials for irregular warfare. 
Sec. 903. Plan required for personnel management of special operations forces. 
Sec. 904. Director of Operational Energy Plans and Programs. 
Sec. 905. Corrosion control and prevention executives for the military 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. 
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. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Requirement for separate display of budget for Afghanistan. 
Sec. 1003. Requirement for separate display of budget for Iraq. 
Sec. 1004. One-time shift of military retirement payments. 
Sec. 1005. Management of purchase cards. 
Subtitle B—Policy Relating to Vessels and Shipyards 
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas. 
Sec. 1012. Report on repair of naval vessel in foreign shipyards. 
Sec. 1013. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Sec. 1014. National Defense Sealift Fund amendments. 
Sec. 1015. Report on contributions to the domestic supply of steel and other 
metals from scrapping of certain vessels. 
Subtitle C—Counter-Drug Activities
Sec. 1021. Continuation of reporting requirement regarding Department of 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.
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. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Sec. 1101. Temporary authority to waive limitation on premium pay for Fed-
eral employees. 
Sec. 1102. Extension of authority to make lump-sum severance payments. 
Sec. 1103. Extension of voluntary reduction-in-force authority of Department 
of Defense. 
Sec. 1104. Technical amendment to definition of professional accounting posi-
tion. 
Sec. 1105. Expedited hiring authority for health care professionals. 
Sec. 1106. Authority to adjust certain limitations on personnel and reports on 
such adjustments. 
Sec. 1107. Temporary discretionary authority to grant allowances, benefits, and 
gratuities to personnel on official duty in a combat zone. 
Sec. 1108. Requirement relating to furloughs during the time of a contingency 
operation. 
Sec. 1109. Direct hire authority for certain positions at personnel demonstra-
tion laboratories. 
Sec. 1110. Status reports relating to laboratory personnel demonstration 
projects. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Extension of authority to build the capacity of the Pakistan Fron-
tier Corps. 
Sec. 1202. Military-to-military contacts and comparable activities. 
Sec. 1203. Enhanced authority to pay incremental expenses for participation of 
developing countries in combined exercises.
Sec. 1204. Extension of temporary authority to use acquisition and cross-serv-
icing agreements to lend military equipment for personnel pro-
tection and survivability. 
Sec. 1205. One-year extension of authority for distribution to certain foreign 
personnel of education and training materials and information 
technology to enhance military interoperability. 
Sec. 1206. Modification and extension of authorities relating to program to 
build the capacity of foreign military forces. 
Sec. 1207. Extension of authority for security and stabilization assistance. 
Sec. 1208. Authority for support of special operations to combat terrorism. 
Sec. 1209. Regional Defense Combating Terrorism Fellowship Program. 
Subtitle B—Matters Relating to Iraq and Afghanistan 
Sec. 1211. Limitation on availability of funds for certain purposes relating to 
Iraq. 
Sec. 1212. Report on status of forces agreements between the United States 
and Iraq. 
Sec. 1213. Strategy for United States-led Provincial Reconstruction Teams in 
Iraq. 
Sec. 1214. Commanders’ Emergency Response Program. 
Sec. 1215. Performance monitoring system for United States-led Provincial Re-
construction Teams in Afghanistan. 
Sec. 1216. Report on command and control structure for military forces oper-
ating in Afghanistan. 
Sec. 1217. Report on enhancing security and stability in the region along the 
border of Afghanistan and Pakistan. 
Sec. 1218. Study and report on Iraqi police training teams. 
Sec. 1219. Declaration of policy relating to status of forces agreements between 
the United States and Iraq. 
Sec. 1220. Limitation on certain status of forces agreements between the 
United States and Iraq. 
Sec. 1221. Report on long-term costs of Operation Iraqi Freedom and Oper-
ation Enduring Freedom. 
Subtitle C—Other Matters 
Sec. 1221. Payment of personnel expenses for multilateral cooperation pro-
grams. 
Sec. 1222. Extension of Department of Defense authority to participate in mul-
tinational military centers of excellence. 
Sec. 1223. Study of limitation on classified contracts with foreign companies 
engaged in space business with China. 
Sec. 1224. Requirement to update National Intelligence Estimate on Iran’s nu-
clear intentions and capabilities. 
Sec. 1225. Employment for resettled Iraqis. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds.
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Defense Health Program. 
Sec. 1404. Chemical agents and munitions destruction, Defense. 
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1406. Defense Inspector General. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Revisions to previously authorized disposals from the National De-
fense Stockpile. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Armed Forces Retirement Home. 
Subtitle D—Inapplicability of Executive Order No. 13457 
Sec. 1431. Inapplicability of Executive Order No. 13457. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS 
FOR OPERATION IRAQI FREEDOM AND OPERATION ENDURING 
FREEDOM 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Navy and Marine Corps procurement. 
Sec. 1504. Air Force procurement. 
Sec. 1505. Defense-wide activities procurement. 
Sec. 1506. Rapid acquisition fund. 
Sec. 1507. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1508. Limitation on obligation of funds for the Joint Improvised Explosive 
Devices Defeat Organization pending notification to Congress. 
Sec. 1509. Research, development, test, and evaluation. 
Sec. 1510. Operation and maintenance. 
Sec. 1511. Other Department of Defense programs. 
Sec. 1512. Iraq Security Forces Fund. 
Sec. 1513. Afghanistan Security Forces Fund. 
Sec. 1514. Military personnel. 
Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 1516. Special transfer authority. 
Sec. 1517. Treatment as additional authorizations. 
TITLE XVI—RECONSTRUCTION AND STABILIZATION CIVILIAN 
MANAGEMENT 
Sec. 1601. Short title. 
Sec. 1602. Findings. 
Sec. 1603. Definitions. 
Sec. 1604. Authority to provide assistance for reconstruction and stabilization 
crises. 
Sec. 1605. Reconstruction and stabilization. 
Sec. 1606. Authorities related to personnel. 
Sec. 1607. Reconstruction and stabilization strategy. 
Sec. 1608. Annual reports to Congress. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2413. Modification of authority to carry out certain fiscal year 1997 
project. 
Sec. 2414. Modification of authority to carry out certain fiscal year 2000 
project. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
and land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition 
projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2608. Extension of Authorization of certain fiscal year 2005 project. 
TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 
Subtitle A—Authorizations 
Sec. 2701. Authorization of appropriations for base closure and realignment ac-
tivities funded through Department of Defense Base Closure 
Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through 
Department of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment ac-
tivities funded through Department of Defense Base Closure 
Account 2005. 
Subtitle B—Amendments to Base Closure and Related Laws 
Sec. 2711. Repeal of commission approach for development of recommendations 
in any future round of base closures and realignments. 
Sec. 2712. Modification of annual base closure and realignment reporting re-
quirements. 
Sec. 2713. Technical corrections regarding authorized cost and scope of work 
variations for military construction and military family housing 
projects related to base closures and realignments. 
Subtitle C—Other Matters 
Sec. 2721. Conditions on closure of Walter Reed Army Medical Hospital and 
relocation of operations to National Naval Medical Center and 
Fort Belvoir. 
Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear 
power plants. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing 
Changes 
Sec. 2801. Incorporation of principles of sustainable design in documents sub-
mitted as part of proposed military construction projects. 
Sec. 2802. Extension of authority to use operation and maintenance funds for 
construction projects outside the United States. 
Sec. 2803. Revision of maximum lease amount applicable to certain domestic 
Army family housing leases to reflect previously made annual 
adjustments in amount. 
Sec. 2804. Use of military family housing constructed under build and lease au-
thority to house members without dependents. 
Sec. 2805. Lease of military family housing to the Secretary of Defense for use 
as residence. 
Sec. 2806. Repeal of reporting requirement in connection with installation vul-
nerability assessments. 
Sec. 2807. Modification of alternative authority for acquisition and improve-
ment of military housing. 
Sec. 2808. Report on capturing housing privatization best practices. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Clarification of exceptions to congressional reporting requirements 
for certain real property transactions. 
Sec. 2812. Authority to lease non-excess property of military departments and 
Defense Agencies. 
Sec. 2813. Modification of utility system conveyance authority. 
Sec. 2814. Permanent authority to purchase municipal services for military in-
stallations in the United States. 
Sec. 2815. Defense access roads. 
Sec. 2816. Protecting private property rights during Department of Defense 
land acquisitions. 
Subtitle C—Provisions Related to Guam Realignment 
Sec. 2821. Guam Defense Policy Review Initiative Account. 
Sec. 2822. Sense of Congress regarding use of Special Purpose Entities for 
military housing related to Guam realignment. 
Sec. 2823. Sense of Congress regarding Federal assistance to Guam. 
Sec. 2824. Comptroller General report regarding interagency requirements re-
lated to Guam realignment. 
Sec. 2825. Energy and environmental design initiatives in Guam military con-
struction and installations. 
Sec. 2826. Department of Defense Inspector General report regarding Guam 
realignment. 
Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana Islands 
for military base reuse studies and community planning assist-
ance. 
Sec. 2828. Prevailing wage applicable to Guam. 
Sec. 2829. Port of Guam Improvement Enterprise Program. 
Subtitle D—Energy Security 
Sec. 2841. Certification of enhanced use leases for energy-related projects. 
Sec. 2842. Annual report on Department of Defense installations energy man-
agement.
Subtitle E—Land Conveyances 
Sec. 2851. Land conveyance, former Naval Air Station, Alameda, California. 
Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, 
California. 
Sec. 2853. Land conveyance, former Naval Station, Treasure Island, California. 
Sec. 2854. Condition on lease involving Naval Air Station, Barbers Point, Ha-
waii. 
Sec. 2855. Land conveyance, Sergeant First Class M.L. Downs Army Reserve 
Center, Springfield, Ohio. 
Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee. 
Sec. 2857. Land conveyance, Bureau of Land Management land, Camp Wil-
liams, Utah. 
Sec. 2858. Land conveyance, Army property, Camp Williams, Utah. 
Sec. 2859. Extension of Potomac Heritage National Scenic Trail through Fort 
Belvoir, Virginia. 
Sec. 2860. Transfer of administrative jurisdiction, decommissioned Naval Secu-
rity Group Activity, Skaggs Island, California. 
Subtitle F—Other Matters 
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington 
National Cemetery. 
Sec. 2872. Decontamination and use of former bombardment area on island of 
Culebra. 
Sec. 2873. Acceptance and use of gifts for construction of additional building 
at National Museum of the United States Air Force, Wright- 
Patterson Air Force Base. 
Sec. 2874. Establishment of memorial to American Rangers at Fort Belvoir, 
Virginia. 
Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Ha-
waii. 
Sec. 2876. Naming of health facility, Fort Rucker, Alabama. 
TITLE XXIX—ADDITIONAL WAR-RELATED AND EMERGENCY MILI-
TARY CONSTRUCTION AUTHORIZATIONS FOR FISCAL YEAR 2008 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Navy construction and land acquisition projects. 
Sec. 2903. Authorized Air Force construction and land acquisition projects. 
Sec. 2904. Authorized Defense Agencies construction and land acquisition 
projects. 
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army 
projects for which funds were not appropriated. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal.
Sec. 3105. Energy security and assurance. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Utilization of international contributions to the Russian plutonium 
disposition program. 
Sec. 3112. Extension of deadline for Comptroller General report on Department 
of Energy protective force management. 
Sec. 3113. Enhancing nuclear forensics capabilities. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2009. 
Sec. 3502. Limitation on export of vessels owned by the Government of the 
United States for the purpose of dismantling, recycling, or 
scrapping. 
Sec. 3503. Student incentive payment agreements. 
Sec. 3504. Riding gang member requirements. 
Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime 
Security Fleet. 
Sec. 3506. Temporary program authorizing contracts with adjunct professors 
at the United States Merchant Marine Academy. 
DIVISION D—GOVERNMENTWIDE ACQUISITION IMPROVEMENTS 
Sec. 4001. Short title. 
TITLE XLI—ENHANCED COMPETITION 
Sec. 4101. Minimizing sole-source contracts. 
Sec. 4102. Limitation on length of certain noncompetitive contracts. 
Sec. 4103. Requirement for purchase of property and services pursuant to mul-
tiple award contracts. 
TITLE XLII—CURBING ABUSE-PRONE CONTRACTS 
Sec. 4201. Regulations to minimize the inappropriate use of cost-reimburse-
ment contracts. 
Sec. 4202. Preventing abuse of interagency contracts. 
Sec. 4203. Prohibitions on the use of lead systems integrators. 
Sec. 4204. Regulations on excessive pass-through charges. 
Sec. 4205. Linking of award and incentive fees to acquisition outcomes. 
Sec. 4206. Minimizing abuse of commercial services item authority. 
TITLE XLIII—ACQUISITION WORKFORCE 
Sec. 4301. Acquisition workforce development fund. 
Sec. 4302. Contingency contracting corps. 
TITLE XLIV—ANTI-FRAUD PROVISIONS
Sec. 4401. Protection for contractor employees from reprisal for disclosure of 
certain information. 
Sec. 4402. Mandatory Fraud Reporting. 
Sec. 4403. Access of General Accounting Office to Contractor Employees. 
Sec. 4404. Preventing conflicts of interest. 
TITLE XLV—ENHANCED CONTRACT TRANSPARENCY 
Sec. 4501. Disclosure of CEO salaries. 
Sec. 4502. Database for contracting officers and suspension and debarment of-
ficials. 
Sec. 4503. Review of database. 
Sec. 4504. Disclosure in applications. 
Sec. 4505. Role of interagency committee. 
Sec. 4506. Authorization of independent agencies. 
Sec. 4507. Authorization of appropriations. 
Sec. 4508. Report to Congress. 
Sec. 4509. Improvements to the Federal procurement data system. 
Sec. 4510. Protection of child custody arrangements for parents who are mem-
bers of the armed forces deployed in support of a contingency 
operation. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ has the meaning given that term in sec-
tion 101(a)(16) of title 10, United States Code. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Sec. 106. Rapid Acquisition Fund. 
Subtitle B—Army Programs 
Sec. 111. Separate procurement line items for Future Combat Systems pro-
gram. 
Sec. 112. Restriction on contract awards for major elements of the Future 
Combat Systems program. 
Sec. 113. Restriction on obligation of funds for Army tactical radio pending re-
port. 
Sec. 114. Restriction on obligation of procurement funds for Armed Reconnais-
sance Helicopter program pending certification.
Subtitle C—Navy Programs 
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 
Sec. 122. Applicability of previous teaming agreements for Virginia-class sub-
marine program. 
Sec. 123. Littoral Combat Ship (LCS) program. 
Sec. 124. Report on F/A–18 procurement costs, comparing multiyear to annual. 
Subtitle D—Air Force Programs 
Sec. 131. Limitation on retiring C–5 aircraft. 
Sec. 132. Maintenance of retired KC–135E aircraft. 
Sec. 133. Repeal of multi-year contract authority for procurement of tanker 
aircraft. 
Sec. 134. Report on processes used for requirements development for KC–(X). 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Body armor acquisition strategy. 
Sec. 142. Small arms acquisition strategy and requirements review. 
Sec. 143. Requirement for common ground stations and payloads for manned 
and unmanned aerial vehicles. 
Sec. 144. Report on Future Jet carrier trainer Requirements of the Navy. 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for procurement for the Army as follows: 
(1) For aircraft, $4,912,735,000. 
(2) For missiles, $2,201,460,000. 
(3) For weapons and tracked combat vehicles, 
$3,539,177,000. 
(4) For ammunition, $2,294,791,000. 
(5) For other procurement, $11,201,876,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2009 for procurement for the Navy 
as follows:
(1) For aircraft, $14,627,274,000. 
(2) For weapons, including missiles and tor-
pedoes, $3,575,482,000. 
(3) 
For 
shipbuilding 
and 
conversion, 
$12,917,919,000. 
(4) For other procurement, $5,461,926,000. 
(b) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2009 for procurement for 
the Marine Corps in the amount of $1,296,327,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds 
are hereby authorized to be appropriated for fiscal year 
2009 for procurement of ammunition for the Navy and 
the Marine Corps in the amount of $1,122,712,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for procurement for the Air Force as fol-
lows: 
(1) For aircraft, $12,618,665,000. 
(2) For ammunition, $934,478,000. 
(3) For missiles, $5,536,728,000. 
(4) For other procurement, $16,134,896,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for Defense-wide procurement in the 
amount of $3,485,428,000.
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for the procurement of aircraft, missiles, 
wheeled and tracked combat vehicles, tactical wheeled ve-
hicles, ammunition, other weapons, and other procurement 
for the reserve components of the Armed Forces in the 
amount of $800,000,000. 
SEC. 106. RAPID ACQUISITION FUND. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for the Rapid Acquisition Fund in the 
amount of $50,000,000. 
Subtitle B—Army Programs 
SEC. 111. SEPARATE PROCUREMENT LINE ITEMS FOR FU-
TURE COMBAT SYSTEMS PROGRAM. 
Effective for fiscal year 2010 and for each fiscal year 
thereafter, the Secretary of Defense shall ensure that, in 
each budget submission to the President, a separate, dedi-
cated procurement line item is designated for each of the 
following elements of the Future Combat Systems (FCS) 
program, to the extent the budget submission includes 
funding for such elements: 
(1) FCS Manned Ground Vehicles. 
(2) FCS Unmanned Ground Vehicles. 
(3) FCS Unmanned Aerial Systems. 
(4) FCS Unattended Ground Systems. 
(5) Other FCS elements.
SEC. 112. RESTRICTION ON CONTRACT AWARDS FOR 
MAJOR ELEMENTS OF THE FUTURE COMBAT 
SYSTEMS PROGRAM. 
(a) CONTRACTING RESTRICTED.—For fiscal year 
2009 and any fiscal year thereafter, the Secretary of De-
fense and the Secretary of the Army may not award a 
contract for low-rate initial production or full-rate produc-
tion of major elements of the Future Combat Systems pro-
gram to any entity that is under contract to perform the 
role of lead systems integrator for the Future Combat Sys-
tems program. 
(b) INAPPLICABILITY TO NON-LINE OF SIGHT CAN-
NON.—Subsection (a) does not apply to contracts entered 
into in fiscal year 2009 or fiscal year 2010 for procure-
ment of Non-Line of Sight Cannon vehicles. 
(c) INAPPLICABILITY
TO EQUIPMENT PROCURED 
THROUGH
SELECTED
ACQUISITION
METHODS.—Sub-
section (a) does not apply to elements of the Future Com-
bat Systems program— 
(1) acquired through the Army Rapid Equip-
ping Force program; 
(2) acquired through the Joint Improved Explo-
sive Device Defeat Organization; or 
(3) acquired specifically to address an Oper-
ational Needs Statement or Joint Urgent Oper-
ational Needs Statement.
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘major elements of the Future 
Combat Systems program’’ includes— 
(A) Future Combat Systems Manned 
Ground Vehicles; 
(B) Future Combat Systems Unmanned 
Ground Vehicles; 
(C) Future Combat Systems Unmanned 
Aerial Vehicles; 
(D) Future Combat Systems Non-Line of 
Sight Missile Launchers; 
(E) Future Combat Systems Unattended 
Ground Sensors; and 
(F) Future Combat Systems equipment to 
upgrade vehicles and other equipment in the 
Army inventory as of October 1, 2008. 
(2) The term ‘‘lead systems integrator’’ has the 
meaning given such term in section 802(d) of the 
National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181). 
SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR 
ARMY TACTICAL RADIO PENDING REPORT. 
(a) REPORT REQUIRED.—The Assistant Secretary of 
Defense for Networks and Information Integration shall 
submit to the congressional defense committees a report
on Army tactical radio fielding plans by March 30, 2009. 
This report shall include, at a minimum, the following: 
(1) A description of the Army tactical radio 
fielding strategy, including a description of the over-
all mix of tactical radio systems and how they inte-
grate to provide communications and network capa-
bility. 
(2) A detailed description of the current and fu-
ture mix of radios for Army infantry brigade combat 
teams, heavy brigade combat teams, Stryker brigade 
combat teams, and Future Combat Systems brigade 
combat teams. 
(3) A description of the current and future mix 
of radios for Army support brigades, headquarters 
elements, and training base. 
(4) A description of the Army’s plan to inte-
grate joint tactical radio system radios, including the 
number of each type of joint tactical radio the Army 
plans to procure. 
(5) An assessment of the total cost of the 
Army’s tactical radio fielding strategy, including fu-
ture procurement of joint tactical radio systems. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PEND-
ING REPORT.—Of the amounts appropriated pursuant to 
an authorization of appropriations in this Act or otherwise
made available for fiscal year 2009 for Other Procure-
ment, Army, for tactical radio systems, not more than 75 
percent may be obligated or expended until 30 days after 
the report required by subsection (a) is received by the 
congressional defense committees. 
SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT 
FUNDS FOR ARMED RECONNAISSANCE HELI-
COPTER 
PROGRAM 
PENDING 
CERTIFI-
CATION. 
(a) CERTIFICATION REQUIRED.—The Under Sec-
retary of Defense for Acquisition, Technology, and Logis-
tics shall certify to the congressional defense committees 
that the Army Reconnaissance Helicopter has— 
(1) satisfactorily completed a Limited User 
Test; and 
(2) been approved to enter Milestone C. 
(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 aircraft 
procurement, Army, for the Armed Reconnaissance Heli-
copter, not more than 20 percent may be obligated until 
30 days after the certification required by subsection (a) 
is received by the congressional defense committees.
Subtitle C—Navy Programs 
SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE 
U.S.S. THEODORE ROOSEVELT. 
(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.— 
Of the amount appropriated pursuant to the authorization 
of appropriations in section 102 or otherwise made avail-
able for shipbuilding, conversion, and repair, Navy, for fis-
cal year 2009, $124,500,000 is available for the com-
mencement of the nuclear refueling and complex overhaul 
of the U.S.S. Theodore Roosevelt (CVN–71) during fiscal 
year 2009. The amount made available in the preceding 
sentence is the first increment in the three-year funding 
planned for the nuclear refueling and complex overhaul of 
that vessel. 
(b) CONTRACT AUTHORITY.—The Secretary of the 
Navy is authorized to enter into a contract during fiscal 
year 2009 for the nuclear refueling and overhaul of the 
U.S.S. Theodore Roosevelt (CVN–71). 
(c) CONDITION
FOR OUT-YEAR CONTRACT PAY-
MENTS.—A contract entered into under subsection (b) 
shall provide that any obligation of the United States to 
make a payment under the contract for a fiscal year after 
fiscal year 2009 is subject to the availability of appropria-
tions for that purpose for that later fiscal year.
SEC. 122. APPLICABILITY OF PREVIOUS TEAMING AGREE-
MENTS 
FOR 
VIRGINIA-CLASS 
SUBMARINE 
PROGRAM. 
Section 121 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181) is amend-
ed in subsection (b)— 
(1) in paragraph (1) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) the Secretary submits to the congressional 
defense committees a certification that the contract 
will be awarded to either the General Dynamics 
Electric Boat Division or the Northrop Grumman 
Newport News Shipbuilding Division, with the other 
contractor as the primary subcontractor to the con-
tract, in accordance with the Team Agreement be-
tween the two companies, dated February 16, 1997, 
which was submitted to the Congress on March 31, 
1997.’’. 
SEC. 123. LITTORAL COMBAT SHIP (LCS) PROGRAM. 
Section 124 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3157), as amended by section 125 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–
181; 122 Stat. 29), is amended in subsection (d) by add-
ing at the end the following: 
‘‘(3) The amounts of increases or decreases in 
costs attributable to economic inflation after Sep-
tember 30, 2007. However, in the case of a vessel 
the procurement of which is funded from amounts 
appropriated pursuant to an authorization of appro-
priations or otherwise made available for fiscal year 
2008 or 2009, the amount of such an increase for 
such a vessel may not exceed $10,000,000. 
‘‘(4) The amounts of increases or decreases in 
costs of that vessel that are attributable to insertion 
of new technology into that vessel, as compared to 
the technology built into the first and second vessels, 
respectively, of the Littoral Combat Ship (LCS) 
class of vessels. However, the Secretary of the Navy 
may make an adjustment under this paragraph only 
if— 
‘‘(A) the Secretary of the Navy determines, 
and certifies to the congressional defense com-
mittees, that insertion of the new technology 
would lower the life-cycle cost of the vessel; or 
‘‘(B) (i) the Secretary of the Navy deter-
mines, and certifies to the congressional defense 
committees, that insertion of the new tech-
nology is required to meet an emerging threat; 
and 
‘‘(ii) the Secretary of Defense certifies to 
those committees that such threat poses grave 
harm to national security.’’. 
SEC. 124. REPORT ON F/A–18 PROCUREMENT COSTS, COM-
PARING MULTIYEAR TO ANNUAL. 
(a) IN GENERAL.—Not later than March 1, 2009, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on F/A–18 procurement. The 
report shall include the following: 
(1) The number of F/A–18E/F and EA–18G 
aircraft programmed for procurement for fiscal 
years 2010 through 2015. 
(2) The estimated procurement costs for those 
aircraft, if procured through annual procurement 
contracts. 
(3) The estimated procurement costs for those 
aircraft, if procured through a multiyear procure-
ment contract. 
(4) The estimated savings that could be derived 
from the procurement of those aircraft through a 
multiyear procurement contract, and whether the 
Secretary considers the amount of those savings to 
be substantial.
(5) A discussion comparing the costs and bene-
fits of obtaining those aircraft through annual pro-
curement contracts with the costs and benefits of ob-
taining those aircraft through a multiyear procure-
ment contract. 
(6) The recommendations of the Secretary as to 
whether Congress should authorize a multiyear pro-
curement contract for those aircraft. 
(b) CERTIFICATIONS REQUIRED.—Should the Sec-
retary recommend under subsection (a)(6) that Congress 
authorize a multiyear procurement contract for the air-
craft, the Secretary shall accompany the recommendation 
with the certifications required by section 2306b of title 
10, United States Code, so as to enable to award of a 
multiyear procurement contract beginning with fiscal year 
2010. 
(c) FUNDING.—Subject to the availability of appro-
priations, the Secretary of the Navy may obligate up to 
$100,000,000 of the amount authorized for procurement 
of F/A–18E/F or EA–18G aircraft for cost reduction ini-
tiatives (CRI) in fiscal year 2009. Such CRI funding may 
be applied to either single year or multiyear procurements 
of F/A–18 aircraft.
Subtitle D—Air Force Programs 
SEC. 131. LIMITATION ON RETIRING C–5 AIRCRAFT. 
(a) CERTIFICATION
AND
COST
ANALYSIS
RE-
QUIRED.—The Secretary of the Air Force may not retire 
C–5A aircraft from the inventory of the Air Force in any 
number that would reduce the total number of such air-
craft in the inventory below 111 until 45 days after the 
Secretary of the Air Force submits to the congressional 
defense committees the following: 
(1) The Secretary’s certification that retiring 
the aircraft will not significantly increase operational 
risk of not meeting the National Defense Strategy. 
(2) A cost analysis with respect to the aircraft 
to be retired that— 
(A) evaluates which alternative is more ef-
fective in meeting strategic airlift mobility re-
quirements— 
(i) to retire the aircraft; or 
(ii) to perform the Reliability En-
hancement 
and 
Re-engining 
Program 
(RERP) on the aircraft; and 
(B) evaluates the life-cycle cost of C–17 
aircraft to replace the capability of the aircraft 
to be retired.
(M) cost of replacement due to attrition; 
and 
(N) disposal. 
(4) The cost analysis shall include each of the 
following: 
(A) An assessment of the quality of each 
cost analysis. 
(B) A discussion of each of the following: 
(i) The assumptions used. 
(ii) The benefits to be realized from 
each alternative. 
(iii) Adverse impacts to be realized 
from each alternative. 
(iv) Cargo capacity, operational avail-
ability, departure reliability, and mission 
capability. 
(v) Aircraft basing. 
(vi) Aircrew ratios and associated 
training requirements. 
(vii) Performing RERP on only C–5B 
and C–5C aircraft. 
(C) A summary table that compares and 
contrasts each alternative with respect to each 
of the requirements of this subsection.
(c) CONFORMING REPEAL.—Section 132 of the Na-
tional Defense Authorization Act for Fiscal Year 2004 
(Public Law 108–136; 117 Stat. 1411) is repealed. 
SEC. 132. MAINTENANCE OF RETIRED KC–135E AIRCRAFT. 
Section 135(b) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2114) is amended by striking ‘‘each KC– 
135E aircraft that is retired’’ and inserting ‘‘at least 46 
of the KC–135E aircraft retired’’. 
SEC. 133. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY 
FOR PROCUREMENT OF TANKER AIRCRAFT. 
Section 135 of the National Defense Authorization 
Act for Fiscal Year 2004 (10 U.S.C. 2401a note) is re-
pealed. 
SEC. 134. REPORT ON PROCESSES USED FOR REQUIRE-
MENTS DEVELOPMENT FOR KC–(X). 
Not later than December 1, 2008, the Secretary of 
the Air Force shall submit to the congressional defense 
committees a report on the processes used for require-
ments development for the KC–(X). The report shall in-
clude— 
(1) an examination of the processes by which 
KC–(X) requirements were established;
(2) a justification for the use of the KC–135R 
as the comparative baseline for the KC–(X) competi-
tion; and 
(3) an evaluation of commercial derivative air-
craft in the 750,000 pounds maximum gross take-off 
weight to 1,000,000 pounds maximum gross take-off 
weight range as a potential aerial refueling platform, 
which shall include an examination of pertinent aer-
ial refueling capabilities such as range, offload at 
range, and passenger/cargo capacity. 
Subtitle E—Joint and Multiservice 
Matters 
SEC. 141. BODY ARMOR ACQUISITION STRATEGY. 
(a) EXECUTIVE AGENT.—The Secretary of Defense 
shall designate an executive agent for procurement of body 
armor and associated components. 
(b) SEPARATE PROCUREMENT LINE ITEMS.—Effec-
tive for fiscal year 2010 and for each fiscal year there-
after, the Secretary of Defense shall ensure that, within 
each procurement account budget submission to the Presi-
dent, a separate, dedicated procurement line item is des-
ignated for procurement of body armor and associated 
components. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Under Secretary of De-
fense for Acquisition, Technology, and Logistics shall sub-
mit to the congressional defense committees a report 
that— 
(1) identifies the critical industrial base capac-
ity for body armor, to include all tiers of subcon-
tractor suppliers; 
(2) contains a plan for the long-term mainte-
nance of this industrial base capacity; and 
(3) identifies specific research and development 
objectives, priorities, and funding profiles for— 
(A) advances in the level of protection; 
(B) weight reduction; and 
(C) manufacturing productivity. 
SEC. 142. SMALL ARMS ACQUISITION STRATEGY AND RE-
QUIREMENTS REVIEW. 
(a) GAO AUDIT
AND REPORT.—The Comptroller 
General of the United States shall audit the requirements 
generation process of the Department of Defense for small 
arms procurement to determine if there are statutory or 
regulatory barriers to developing a small arms procure-
ment requirement. Not later than October 1, 2009, the 
Comptroller General shall submit to the congressional de-
fense committees a report on the results of the audit. 
(b) SECRETARY OF DEFENSE REPORT.—Not later 
than 120 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional 
defense committees a comprehensive report on the small 
arms industrial base. The report shall include the fol-
lowing: 
(1) The current inventory, acquisition objective, 
operational, and budgetary status of current small 
arms programs, to include pistols, carbines, rifles, 
light, medium, and heavy machine guns. 
(2) A plan for a joint acquisition strategy for 
small arms modernization, with emphasis on a pos-
sible near term competition for a new pistol and car-
bine. 
(3) An analysis of current small arms research 
and development programs. 
(4) An analysis of current small arms capability 
gap assessments that have been finalized or are 
being pursued. 
(c) DEFINITION.—In this section, the term ‘‘small 
arms’’— 
(1) means man portable or vehicle mounted 
light weapons, designed primarily for use by indi-
vidual military personnel for anti-personnel use; and 
(2) includes pistols, carbines, rifles, and light, 
medium, and heavy machine guns.
SEC. 143. REQUIREMENT FOR COMMON GROUND STATIONS 
AND 
PAYLOADS 
FOR 
MANNED 
AND 
UN-
MANNED AERIAL VEHICLES. 
(a) POLICY REQUIRED.—The Secretary of Defense 
shall establish a policy and an acquisition strategy for in-
telligence, surveillance, and reconnaissance payloads and 
ground stations for manned and unmanned aerial vehicle 
systems, to be applicable throughout the Department of 
Defense, to achieve integrated research, development, test, 
and evaluation, and procurement commonality. 
(b) OBJECTIVES.—The policy and acquisition strat-
egy required by subsection (a) shall have the following ob-
jectives: 
(1) Procurement of common payloads by vehicle 
class, including— 
(A) signals intelligence; 
(B) electro optical; 
(C) synthetic aperture radar; 
(D) ground moving target indicator; 
(E) conventional explosive detection; 
(F) foliage penetrating radar; 
(G) laser designator; 
(H) chemical, biological, radiological, nu-
clear, explosive detection; and 
(I) national airspace operations avionics or 
sensors, or both.
(2) Commonality of ground systems by vehicle 
class. 
(3) Common management of vehicle and pay-
loads procurement. 
(4) Ground station interoperability standardiza-
tion. 
(5) Open source software code. 
(6) Acquisition of technical data rights in ac-
cordance with section 2320 of title 10, United States 
Code. 
(7) Acquisition of vehicles, payloads, and 
ground stations through competitive procurement. 
(c) AFFECTED SYSTEMS.—For the purposes of this 
section, the manned and unmanned aerial vehicle classes 
and types of manned and unmanned aerial vehicles within 
each class are as follows: 
(1) Tier II class: Vehicles such as Silver Fox 
and Scan Eagle. 
(2) Tactical class: Vehicles such as RQ–7. 
(3) Medium altitude class: Vehicles such as 
MQ–1, MQ–1C, MQ–5, MQ–8, MQ–9, and Warrior 
Alpha. 
(4) High Altitude class: Vehicles such as RQ– 
4, RQ–4N, Unmanned airship systems, Constant 
Hawk, Angel Fire, Special Project Aircraft, Aerial
Common Sensor, EP–3, Scathe View, Compass Call, 
and Rivet Joint. 
(d) CONSULTATION.—The Secretary shall develop the 
policy and acquisition strategy required by subsection (a) 
in consultation with the Chairman of the Joint Chiefs of 
Staff. 
(e) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees, the Permanent 
Select Committee on Intelligence of the House of Rep-
resentatives, and the Select Committee on Intelligence of 
the Senate a report containing— 
(1) the policy required by subsection (a); and 
(2) the acquisition strategy required by sub-
section (a). 
SEC. 144. REPORT ON FUTURE JET CARRIER TRAINER RE-
QUIREMENTS OF THE NAVY. 
Not later than 120 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 on future 
jet carrier trainer requirements. The report shall in-
clude— 
(1) an assessment of the Navy Strategic Plan-
ning Study concerning future jet carrier trainer re-
quirements;
(2) an assessment of studies conducted by inde-
pendent organizations concerning future jet carrier 
trainer requirements; 
(3) a cost-benefit analysis of creating a new 
program to fulfill future jet carrier trainer require-
ments; 
(4) a cost-benefit analysis of modifying current 
programs to fulfill future jet carrier trainer require-
ments; and 
(5) a plan to address future jet carrier trainer 
requirements beginning fiscal year 2010. 
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Additional determinations to be made as part of Future Combat Sys-
tems milestone review. 
Sec. 212. Analysis of Future Combat Systems communications network and 
software. 
Sec. 213. Future Combat Systems manned ground vehicle selected acquisition 
reports. 
Sec. 214. Separate procurement and research, development, test, and evaluation 
line items and program elements for Sky Warrior Unmanned 
Aerial Systems project. 
Sec. 215. Restriction on obligation of funds for the Warfighter Information 
Network—Tactical program. 
Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft ex-
penditures. 
Subtitle C—Missile Defense Programs 
Sec. 221. Independent study of boost phase missile defense. 
Sec. 222. Limitation on availability of funds for procurement, construction, and 
deployment of missile defenses in Europe.
Subtitle D—Other Matters 
Sec. 231. Oversight of testing of personnel protective equipment by Director, 
Operational Test and Evaluation. 
Sec. 232. Assessment of the Historically Black Colleges and Universities and 
Minority Serving Institutions Program. 
Sec. 233. Technology-neutral information technology guidelines and standards 
to support fully interoperable electronic personal health infor-
mation for the Department of Defense and Department of Vet-
erans Affairs. 
Sec. 234. Repeal of requirement for Technology Transition Initiative. 
Sec. 235. Trusted defense systems. 
Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar 
system pending submission of report. 
Sec. 237. Capabilities-based assessment to outline a joint approach for future 
development of vertical lift aircraft and rotorcraft. 
Sec. 238. Availability of funds for prompt global strike capability development. 
Sec. 239. Visiting NIH Senior Neuroscience Fellowship Program. 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for the use of the Department of Defense 
for research, development, test, and evaluation as follows: 
(1) For the Army, $10,688,695,000. 
(2) For the Navy, $19,764,738,000. 
(3) For the Air Force, $28,238,349,000. 
(4) 
For 
Defense-wide 
activities, 
$21,033,651,000, of which $188,772,000 is author-
ized for the Director of Operational Test and Eval-
uation. 
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH-
NOLOGY. 
(a) FISCAL YEAR 2009.—Of the amounts authorized 
to be appropriated by section 201, $12,059,915,000 shall
be available for the Defense Science and Technology Pro-
gram, including basic research, applied research, and ad-
vanced technology development projects. 
(b) BASIC RESEARCH, APPLIED RESEARCH, AND AD-
VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 
purposes of this section, the term ‘‘basic research, applied 
research, and advanced technology development’’ means 
work funded in program elements for defense research and 
development under Department of Defense budget activity 
1, 2, or 3. 
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions 
SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS 
PART OF FUTURE COMBAT SYSTEMS MILE-
STONE REVIEW. 
Section 214(b) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2123) is amended by striking paragraphs 
(4) through (6) and inserting the following: 
‘‘(4) Whether actual demonstrations, rather 
than simulations, have shown that the software for 
the program is on a path to achieve threshold re-
quirements on cost and schedule.
‘‘(5) Whether the program’s planned major 
communications network demonstrations are suffi-
ciently complex and realistic to inform major pro-
gram decision points. 
‘‘(6) The extent to which Future Combat Sys-
tems manned ground vehicle survivability will be re-
duced in a degraded Future Combat Systems com-
munications network environment. 
‘‘(7) The level of network degradation at which 
Future Combat Systems manned ground vehicle 
crew survivability is significantly reduced. 
‘‘(8) The extent to which the Future Combat 
Systems communications network will be able to 
withstand network attack, jamming, or other inter-
ference. 
‘‘(9) What the cost estimate for the program is, 
including all spin outs, and an assessment of the 
confidence level for that estimate. 
‘‘(10) What the affordability assessment for the 
program is, given projected Army budgets, based on 
that cost estimate.’’. 
SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMU-
NICATIONS NETWORK AND SOFTWARE. 
(a) REPORT REQUIRED.—Not later than July 1, 
2009, the Assistant Secretary of Defense, Networks and
Information Integration, shall submit to the congressional 
defense committees a report providing an assessment of 
the Future Combat Systems communications network and 
software. This report shall include, at a minimum, the fol-
lowing: 
(1) An assessment of the vulnerability of the 
Future Combat Systems communications network 
and software to enemy network attack, in particular 
the impact of the use of significant amounts of com-
mercial software in Future Combat Systems soft-
ware. 
(2) An assessment of the vulnerability of the 
Future Combat Systems communications network to 
electronic warfare, jamming, and other potential 
enemy interference. 
(3) An assessment of the vulnerability of the 
Future Combat Systems communications network to 
adverse weather and complex terrain. 
(4) An assessment of the Future Combat Sys-
tems communication network’s dependence on sat-
ellite communications support, and an assessment of 
the network’s performance in the absence of as-
sumed levels of satellite communications support. 
(5) An assessment of the performance of the 
Future Combat Systems communications network
when operating in a degraded condition due to the 
factors analyzed in paragraphs (1), (2), (3), and (4), 
and how such a degraded network environment 
would impact the performance of Future Combat 
Systems brigades and the survivability of Future 
Combat Systems manned ground vehicles. 
(b) INCLUSION OF CLASSIFIED ANNEX.—The report 
required by subsection (a) may include a classified annex 
at the discretion of the Assistant Secretary, for the pur-
pose of providing the assessments required, or to provide 
additional supporting information. 
SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VE-
HICLE SELECTED ACQUISITION REPORTS. 
(a) REPORT REQUIRED.—For each of the years 2009 
through 2015, the Secretary of the Army shall, not later 
than February 15 of the year, submit a selected acquisi-
tion report for each Future Combat Systems manned 
ground vehicle variant. 
(b) REQUIRED ELEMENTS.—The reports required by 
subsection (a) shall include the same information required 
in comprehensive annual selected acquisition reports for 
major defense acquisition as defined in section 2432(c) of 
title 10, United States Code. 
(c) DEFINITION.—In this section, the term ‘‘manned 
ground vehicle variant’’ includes the eight distinct variants
of manned ground vehicle designated on pages seven and 
eight of the Future Combat Systems selected acquisition 
report of the Department of Defense dated December 31, 
2007, and any additional manned ground vehicle variants 
designated in Future Combat Systems acquisition reports 
of the Department of Defense after the date of the enact-
ment of this Act. 
SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DE-
VELOPMENT, TEST, AND EVALUATION LINE 
ITEMS AND PROGRAM ELEMENTS FOR SKY 
WARRIOR 
UNMANNED 
AERIAL 
SYSTEMS 
PROJECT. 
Effective for fiscal year 2010 and for each fiscal year 
thereafter, the Secretary of Defense shall ensure that, in 
the Department of Defense’s annual budget submission to 
the President, within both the account for procurement 
and the account for research, development, test, and eval-
uation, a separate, dedicated line item and program ele-
ment is designated for the Sky Warrior Unmanned Aerial 
Systems project, to the extent such accounts include fund-
ing for such project.
SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR 
THE 
WARFIGHTER 
INFORMATION 
NET-
WORK—TACTICAL PROGRAM. 
(a) NOTIFICATION
REQUIRED.—The Under Sec-
retary of Defense for Acquisition, Technology, and Logis-
tics shall notify the congressional defense committees 
within five days after the completion of all of the following 
actions: 
(1) Approval by the Under Secretary of a new 
acquisition program baseline for the Warfighter In-
formation Network-Tactical (WIN–T) Increment 3 
program. 
(2) Completion of the independent cost estimate 
for the WIN–T Increment 3 program by the Cost 
Analysis Improvement Group, as required by the 
June 5, 2007 recertification by the Under Secretary. 
(3) Completion of the technology readiness as-
sessment of the WIN–T Increment 3 program by the 
Director, Defense Research and Engineering, as re-
quired by the June 5, 2007 recertification by the 
Under Secretary. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PEND-
ING NOTIFICATION.—Of the amounts appropriated pursu-
ant to an authorization of appropriations in this Act or 
otherwise made available for research, development, test, 
and evaluation, Army, for fiscal year 2009 for the WIN–
for sharing healthcare information among the 
Department of Defense, the Department of Vet-
erans Affairs, and their transaction partners. 
‘‘(D) A description and analysis of the 
problems the Department of Defense and the 
Department of Veterans Affairs are having 
with, and the progress such agencies are mak-
ing toward, ensuring interoperable and secure 
healthcare information systems and electronic 
healthcare records.’’. 
(2) by adding at the end the following: 
‘‘(j) 
TECHNOLOGY-NEUTRAL
GUIDELINES
AND 
STANDARDS.— 
‘‘(1) IN GENERAL.—The Director, in consulta-
tion with industry and appropriate Federal agencies, 
shall develop, or shall adopt from industry, tech-
nology-neutral information technology infrastructure 
guidelines and standards for use by the Department 
of Defense and the Department of Veterans Affairs 
to enable those agencies to effectively select and uti-
lize information technologies to meet the require-
ments of this section, in a manner that is— 
‘‘(A) interoperable; 
‘‘(B) inclusive of ongoing Federal efforts 
that provide technical expertise to harmonize