SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Duncan Hunter Na-
tional Defense Authorization Act for Fiscal Year 2009’’. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows: 
(1) Division A—Department of Defense Author-
izations. 
(2) Division B—Military Construction Author-
izations. 
(3) Division C—Department of Energy National 
Security Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1.
Short title. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Sec. 106. Rapid Acquisition Fund. 
Subtitle B—Army Programs 
Sec. 111. Separate procurement line items for Future Combat Systems program. 
Sec. 112. Restriction on contract awards for major elements of the Future Combat 
Systems program. 
Sec. 113. Restriction on obligation of funds for Army tactical radio pending re-
port. 
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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 air-
craft. 
Sec. 134. Report on processes used for requirements development for KC–(X). 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Body armor acquisition strategy. 
Sec. 142. Small arms acquisition strategy and requirements review. 
Sec. 143. Requirement for common ground stations and payloads for manned and 
unmanned aerial vehicles. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Additional determinations to be made as part of Future Combat Sys-
tems milestone review. 
Sec. 212. Analysis of Future Combat Systems communications network and soft-
ware. 
Sec. 213. Future Combat Systems manned ground vehicle selected acquisition re-
ports. 
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 Net-
work—Tactical program. 
Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft expendi-
tures. 
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. 
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Sec. 232. Assessment of the Historically Black Colleges and Universities and Mi-
nority Serving Institutions Program. 
Sec. 233. Technology-neutral information technology guidelines and standards to 
support fully interoperable electronic personal health informa-
tion for the Department of Defense and Department of Veterans 
Affairs. 
Sec. 234. Repeal of requirement for Technology Transition Initiative. 
Sec. 235. Trusted defense systems. 
Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar sys-
tem pending submission of report. 
Sec. 237. Capabilities-based assessment to outline a joint approach for future de-
velopment of vertical lift aircraft and rotorcraft. 
Sec. 238. Availability of funds for prompt global strike capability development. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Authorization for Department of Defense participation in conservation 
banking programs. 
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses 
Lake, Washington. 
Sec. 313. Expand cooperative agreement authority for management of natural re-
sources to include off-installation mitigation. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Time limitation on duration of public-private competitions. 
Sec. 322. Comprehensive analysis and development of single Government-wide 
definition of inherently governmental function. 
Sec. 323. Study on future depot capability. 
Sec. 324. High-performing organization business process reengineering. 
Sec. 325. Temporary suspension of studies and public-private competitions 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 implementation 
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. 
Subtitle E—Reports 
Sec. 341. Comptroller General report on readiness of Armed Forces. 
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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 orga-
nization of Department of Defense Military Munitions Response 
Program. 
Sec. 346. Report on options for providing repair capabilities to support ships op-
erating 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 suf-
ficient 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 De-
partment of Defense. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Additional waiver authority of limitation on number of reserve compo-
nent members authorized to be on active duty. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
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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 National 
Guard officers ordered to active duty in support of a contin-
gency 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 In-
dividual 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 posi-
tions 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. 
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Sec. 545. Requirement of completion of service under honorable conditions for 
purposes of entitlement to educational assistance for reserve com-
ponents members supporting contingency operations. 
Sec. 546. Consistent education loan repayment authority for health professionals 
in regular components and Selected Reserve. 
Sec. 547. Increase in number of units of Junior Reserve Officers’ Training Corps. 
Subtitle F—Military Justice 
Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine Corps. 
Sec. 552. Standing military protection order. 
Sec. 553. Mandatory notification of issuance of military protective order to civil-
ian 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. 
Subtitle H—Impact Aid 
Sec. 571. Continuation of authority to assist local educational agencies that ben-
efit dependents of members of the Armed Forces and Department 
of Defense civilian employees. 
Sec. 572. Calculation of payments under Department of Education’s Impact Aid 
program. 
Subtitle I—Military Families 
Sec. 581. Presentation of burial flag. 
Sec. 582. Education and training opportunities for military spouses. 
Subtitle J—Other Matters 
Sec. 591. Inclusion of Reserves in providing Federal aid for State governments, 
enforcing Federal authority, and responding to major public 
emergencies. 
Sec. 592. Interest payments on certain claims arising from correction of military 
records. 
Sec. 593. Extension of limitation on reductions of personnel of agencies 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. 
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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 treat-
ment 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 mobili-
zation for active duty service. 
Sec. 608. Guaranteed pay increase for members of the Armed Forces of one-half 
of one percentage point higher than Employment Cost Index. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve 
forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care 
professionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. Extension of authorities relating to payment of other title 37 bonuses 
and special pays. 
Sec. 615. Extension of authorities relating to payment of referral bonuses. 
Sec. 616. Increase in maximum bonus and stipend amounts authorized under 
Nurse Officer Candidate Accession Program. 
Sec. 617. Maximum length of nuclear officer incentive pay agreements for service. 
Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, 
and bonus authorities of the uniformed services. 
Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to en-
courage training in critical foreign languages and foreign cul-
tural studies. 
Sec. 620. Temporary targeted bonus authority to increase direct accessions of offi-
cers in certain health professions. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Increased weight allowance for transportation of baggage and household 
effects for certain enlisted members. 
Sec. 632. Additional weight allowance for transportation of materials associated 
with employment of a member’s spouse or community support 
volunteer or charity activities. 
Sec. 633. Transportation of family pets during evacuation of nonessential 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. 
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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. 
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 members. 
Sec. 652. Requirements for private operation of commissary store functions. 
Sec. 653. Additional exception to limitation on use of appropriated funds for De-
partment 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, insig-
nia, 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 em-
ployees serving overseas. 
Sec. 657. Study regarding sale of alcoholic wine and beer in commissary stores 
in addition to exchange stores. 
Subtitle F—Other Matters 
Sec. 661. Bonus to encourage Army personnel and other persons to refer persons 
for enlistment in the Army. 
Sec. 662. Continuation of entitlement to bonuses and similar benefits for members 
of the uniformed services who die, are separated or retired for 
disability, or meet other criteria. 
Sec. 663. Providing injured members of the Armed Forces information concerning 
benefits. 
TITLE VII—HEALTH CARE PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. One-year extension of prohibition on increases in certain health care 
costs for members of the uniformed services. 
Sec. 702. Temporary prohibition on increase in copayments under retail phar-
macy system of pharmacy benefits program. 
Sec. 703. Prohibition on conversion of military medical and dental positions to 
civilian medical and dental positions. 
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Sec. 704. Chiropractic health care for members on active duty. 
Sec. 705. Requirement to recalculate TRICARE Reserve Select premiums based 
on actual cost data. 
Sec. 706. Program for health care delivery at military installations projected to 
grow. 
Sec. 707. Guidelines for combined Federal medical facilities. 
Subtitle B—Preventive Care 
Sec. 711. Waiver of copayments for preventive services for certain TRICARE 
beneficiaries. 
Sec. 712. Military health risk management demonstration project. 
Sec. 713. Smoking cessation program under TRICARE. 
Sec. 714. Availability of allowance to assist members of the Armed Forces and 
their dependents procure preventive health care services. 
Subtitle C—Wounded Warrior Matters 
Sec. 721. Center of excellence in prevention, diagnosis, mitigation, treatment, and 
rehabilitation of hearing loss and auditory system injuries. 
Sec. 722.
Clarification to center of excellence relating to military eye injuries. 
Sec. 723. National Casualty Care Research Center. 
Sec. 724. Peer-reviewed research program on extremity war injuries. 
Sec. 725. Review of policies and processes related to the delivery of mail to 
wounded members of the Armed Forces. 
Subtitle D—Other Matters 
Sec. 731. Report on stipend for members of reserve components for health care for 
certain dependents. 
Sec. 732. Report on providing the Extended Care Health Option Program to au-
tistic dependents of military retirees. 
Sec. 733. Sense of Congress regarding autism therapy services. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Review of impact of illegal subsidies on acquisition of KC–45 aircraft. 
Sec. 802. Assessment of urgent operational needs fulfillment. 
Sec. 803. Preservation of tooling for major defense acquisition programs. 
Sec. 804. Prohibition on procurement from beneficiaries of foreign subsidies. 
Sec. 805. Domestic industrial base considerations during source selection. 
Sec. 806. Commercial software reuse preference. 
Sec. 807. Comprehensive proposal analysis required during source selection. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 811. Acquisition workforce expedited hiring authority. 
Sec. 812. Definition of system for Defense Acquisition Challenge Program. 
Sec. 813. Career path and other requirements for military personnel in the acqui-
sition field. 
Sec. 814. Technical data rights for non-FAR agreements. 
Sec. 815. Clarification that cost accounting standards apply to Federal contracts 
performed outside the United States. 
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Subtitle C—Provisions Relating to Inherently Governmental Functions 
Sec. 821. Policy on personal conflicts of interest by employees of Department of 
Defense contractors. 
Sec. 822. Development of guidance on personal services contracts. 
Sec. 823. Limitation on performance of product support integrator functions. 
Subtitle D—Defense Industrial Security 
Sec. 831. Requirements relating to facility clearances. 
Sec. 832. Foreign ownership control or influence. 
Sec. 833. Congressional oversight relating to facility clearances and foreign own-
ership 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 se-
curity functions in areas of combat operations. 
Sec. 848. Report relating to munitions. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Revisions in functions and activities of special operations command. 
Sec. 902. Requirement to designate officials for irregular warfare. 
Sec. 903. Plan required for personnel management of special operations forces. 
Sec. 904. Director of Operational Energy Plans and Programs. 
Sec. 905. Corrosion control and prevention executives for the military 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 surveil-
lance 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. 
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Sec. 922. Prohibition on transport of hydrolysate at Pueblo Chemical Depot, Col-
orado. 
Subtitle D—Intelligence-Related Matters 
Sec. 931. Technical changes following the redesignation of National Imagery and 
Mapping Agency as National Geospatial-Intelligence Agency. 
Sec. 932. Technical amendments to title 10, United States Code, arising from en-
actment of the Intelligence Reform and Terrorism Prevention 
Act of 2004. 
Sec. 933. Technical amendments relating to the Associate Director of the CIA for 
Military Affairs. 
Subtitle E—Other Matters 
Sec. 941. Department of Defense School of Nursing revisions. 
Sec. 942. Amendments of authority for regional centers for security studies. 
Sec. 943. Findings and Sense of Congress regarding the Western Hemisphere In-
stitute for Security Cooperation. 
Sec. 944. Restriction on obligation of funds for United States Southern Command 
development assistance activities. 
Sec. 945. Authorization of non-conventional assisted recovery capabilities. 
Sec. 946. Report on United States Northern Command development of inter-
agency plans and command and control relationships. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Requirement for separate display of budget for Afghanistan. 
Sec. 1003. Requirement for separate display of budget for Iraq. 
Sec. 1004. One-time shift of military retirement payments. 
Subtitle B—Policy Relating to Vessels and Shipyards 
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas. 
Sec. 1012. Report on repair of naval vessel in foreign shipyards. 
Sec. 1013. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Sec. 1014. National Defense Sealift Fund amendments. 
Sec. 1015. Report on contributions to the domestic supply of steel and other met-
als 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 nu-
merical limitation on assignment of United States personnel. 
Sec. 1024. Expansion and extension of authority to provide additional support 
for counter-drug activities of certain foreign governments. 
Sec. 1025. Comprehensive Department of Defense strategy for counter-narcotics ef-
forts for West Africa and the Maghreb. 
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Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics ef-
forts 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 Stra-
tegic 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. 
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 func-
tions 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 nationals 
employed by the Department of Defense. 
Sec. 1066. State Defense Force Improvement. 
Sec. 1067. Barnegat Inlet to Little Egg Inlet, New Jersey. 
Sec. 1068. Sense of Congress regarding the roles and missions of the Department 
of Defense and other national security institutions. 
Sec. 1069. Sense of Congress relating to 2008 supplemental appropriations. 
Sec. 1070. Sense of Congress regarding defense requirements of the United States. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Sec. 1101. Temporary authority to waive limitation on premium pay for Federal 
employees. 
Sec. 1102. Extension of authority to make lump-sum severance payments. 
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Sec. 1103. Extension of voluntary reduction-in-force authority of Department of 
Defense. 
Sec. 1104. Technical amendment to definition of professional accounting position. 
Sec. 1105. Expedited hiring authority for health care professionals. 
Sec. 1106. Authority to adjust certain limitations on personnel and reports on 
such adjustments. 
Sec. 1107. Temporary discretionary authority to grant allowances, benefits, and 
gratuities to personnel on official duty in a combat zone. 
Sec. 1108. Requirement relating to furloughs during the time of a contingency op-
eration. 
Sec. 1109. Direct hire authority for certain positions at personnel demonstration 
laboratories. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Extension of authority to build the capacity of the Pakistan Frontier 
Corps. 
Sec. 1202. Military-to-military contacts and comparable activities. 
Sec. 1203. Enhanced authority to pay incremental expenses for participation of 
developing countries in combined exercises. 
Sec. 1204. Extension of temporary authority to use acquisition and cross-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 per-
sonnel 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 bor-
der of Afghanistan and Pakistan. 
Sec. 1218. Study and report on Iraqi police training teams. 
Subtitle C—Other Matters 
Sec. 1221. Payment of personnel expenses for multilateral cooperation programs. 
Sec. 1222. Extension of Department of Defense authority to participate in multi-
national military centers of excellence. 
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Sec. 1223. Study of limitation on classified contracts with foreign companies en-
gaged in space business with China. 
Sec. 1224. Sense of Congress and congressional briefings on readiness of the 
Armed Forces and report on nuclear weapons capabilities of 
Iran. 
TITLE XIII—COOPERATIVE THREAT REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Defense Health Program. 
Sec. 1404. Chemical agents and munitions destruction, Defense. 
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1406. Defense Inspector General. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Revisions to previously authorized disposals from the National Defense 
Stockpile. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Armed Forces Retirement Home. 
Subtitle D—Inapplicability of Executive Order 13457 
Sec. 1431. Inapplicability of Executive Order 13457. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 
Sec. 1501. Purpose. 
Sec. 1502. Army procurement. 
Sec. 1503. Navy and Marine Corps procurement. 
Sec. 1504. Air Force procurement. 
Sec. 1505. Defense-wide activities procurement. 
Sec. 1506. Rapid acquisition fund. 
Sec. 1507. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1508. Limitation on obligation of funds for the Joint Improvised Explosive 
Devices Defeat Organization pending notification to Congress. 
Sec. 1509. Research, development, test, and evaluation. 
Sec. 1510. Operation and maintenance. 
Sec. 1511. Other Department of Defense programs. 
Sec. 1512. Iraq Security Forces Fund. 
Sec. 1513. Afghanistan Security Forces Fund. 
Sec. 1514. Military personnel. 
Sec. 1515. Mine Resistant Ambush Protected Vehicle Fund. 
Sec. 1516. Special transfer authority. 
Sec. 1517. Treatment as additional authorizations. 
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Sec. 2713. Technical corrections regarding authorized cost and scope of work vari-
ations 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 relo-
cation 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 improvement 
of military housing. 
Sec. 2808. Report on capturing housing privatization best practices. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Clarification of exceptions to congressional reporting requirements for 
certain real property transactions. 
Sec. 2812. Authority to lease non-excess property of military departments and 
Defense Agencies. 
Sec. 2813. Modification of utility system conveyance authority. 
Sec. 2814. Permanent authority to purchase municipal services for military 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 mili-
tary housing related to Guam realignment. 
Sec. 2823. Sense of Congress regarding Federal assistance to Guam. 
Sec. 2824. Comptroller General report regarding interagency requirements related 
to Guam realignment. 
Sec. 2825. Energy and environmental design initiatives in Guam military con-
struction and installations. 
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Sec. 2826. Department of Defense Inspector General report regarding Guam re-
alignment. 
Sec. 2827. Eligibility of the Commonwealth of the Northern Mariana Islands for 
military base reuse studies and community planning assistance. 
Sec. 2828. Prevailing wage applicable to Guam. 
Subtitle D—Energy Security 
Sec. 2841. Certification of enhanced use leases for energy-related projects. 
Sec. 2842. Annual report on Department of Defense installations energy manage-
ment. 
Subtitle E—Land Conveyances 
Sec. 2851. Land conveyance, former Naval Air Station, Alameda, California. 
Sec. 2852. Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk, Cali-
fornia. 
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 Williams, 
Utah. 
Sec. 2858. Land conveyance, Army property, Camp Williams, Utah. 
Sec. 2859. Extension of Potomac Heritage National Scenic Trail through Fort 
Belvoir, Virginia. 
Subtitle F—Other Matters 
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington 
National Cemetery. 
Sec. 2872. Decontamination and use of former bombardment area on island of 
Culebra. 
Sec. 2873. Acceptance and use of gifts for construction of additional building at 
National Museum of the United States Air Force, Wright-Patter-
son Air Force Base. 
Sec. 2874. Establishment of memorial to American Rangers at Fort Belvoir, Vir-
ginia. 
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 
MILITARY CONSTRUCTION AUTHORIZATIONS FOR FISCAL YEAR 2008 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Navy construction and land acquisition projects. 
Sec. 2903. Authorized Air Force construction and land acquisition projects. 
Sec. 2904. Authorized Defense Agencies construction and land acquisition 
projects. 
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army projects 
for which funds were not appropriated. 
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DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy security and assurance. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Utilization of international contributions to the Russian plutonium 
disposition program. 
Sec. 3112. Extension of deadline for Comptroller General report on Department 
of Energy protective force management. 
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2009. 
Sec. 3502. Limitation on export of vessels owned by the Government of the United 
States for the purpose of dismantling, recycling, or scrapping. 
Sec. 3503. Student incentive payment agreements. 
Sec. 3504. Riding gang member requirements. 
Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime 
Security Fleet. 
Sec. 3506. Temporary program authorizing contracts with adjunct professors at 
the United States Merchant Marine Academy. 
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. 
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DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Sec. 106. Rapid Acquisition Fund. 
Subtitle B—Army Programs 
Sec. 111. Separate procurement line items for Future Combat Systems program. 
Sec. 112. Restriction on contract awards for major elements of the Future Combat 
Systems program. 
Sec. 113. Restriction on obligation of funds for Army tactical radio pending 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 air-
craft. 
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. 
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Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for fis-
cal 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. 
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(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 fis-
cal year 2009 for procurement for the Air Force as follows: 
(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 fis-
cal 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 fis-
cal year 2009 for the procurement of aircraft, missiles, 
wheeled and tracked combat vehicles, tactical wheeled vehi-
cles, ammunition, other weapons, and other procurement 
for the reserve components of the Armed Forces in the 
amount of $800,000,000. 
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(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 Elec-
tric Boat Division or the Northrop Grumman New-
port News Shipbuilding Division, with the other con-
tractor as the primary subcontractor to the contract, 
in accordance with the Team Agreement between 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 adding 
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 appro-
priated pursuant to an authorization of appropria-
tions 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. 
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‘‘(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, re-
spectively, 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 commit-
tees, 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 technology 
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 re-
port shall include the following: 
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(1) The number of F/A–18E/F and EA–18G air-
craft 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 procurement 
contract. 
(4) The estimated savings that could be derived 
from the procurement of those aircraft through a 
multiyear procurement contract, and whether the Sec-
retary considers the amount of those savings to be 
substantial. 
(5) A discussion comparing the costs and benefits 
of obtaining those aircraft through annual procure-
ment contracts with the costs and benefits of obtain-
ing those aircraft through a multiyear procurement 
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 aircraft, 
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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 initia-
tives (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 REQUIRED.— 
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 aircraft in the inven-
tory 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— 
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(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 air-
craft to replace the capability of the aircraft to 
be retired. 
(b) ADDITIONAL REQUIREMENTS
FOR COST ANAL-
YSIS.—The cost analysis required by subsection (a)(2) shall 
conform to the following requirements: 
(1) The cost analysis shall include one analysis 
that uses ‘‘constant year dollars’’ and one analysis 
that uses ‘‘then year dollars’’. 
(2) For each such analysis, the time period cov-
ered by the analysis shall be the expected service life 
of the aircraft concerned. 
(3) For each such analysis, the ownership costs 
evaluated shall include costs for— 
(A) planned technology insertions or up-
grades over the service life of the aircraft to meet 
emerging requirements; 
(B) research and development; 
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(C) testing; 
(D) procurement; 
(E) production; 
(F) production termination; 
(G) operations; 
(H) training; 
(I) maintenance; 
(J) sustainment; 
(K) military construction; 
(L) personnel; 
(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. 
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(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 (Pub-
lic 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 repealed. 
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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 commit-
tees a report on the processes used for requirements develop-
ment for the KC–(X). The report shall include— 
(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) competition; 
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.—Effective 
for fiscal year 2010 and for each fiscal year thereafter, the 
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Secretary of Defense shall ensure that, within each procure-
ment account budget submission to the President, a sepa-
rate, dedicated procurement line item is designated for pro-
curement 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 Defense 
for Acquisition, Technology, and Logistics shall submit 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 Gen-
eral of the United States shall audit the requirements gen-
eration process of the Department of Defense for small arms 
procurement to determine if there are statutory or regu-
latory barriers to developing a small arms procurement re-
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quirement. Not later than October 1, 2009, the Comptroller 
General shall submit to the congressional defense 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 following: 
(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’’— 
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(1) means man portable or vehicle mounted light 
weapons, designed primarily for use by individual 
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 De-
fense, to achieve integrated research, development, test, and 
evaluation, and procurement commonality. 
(b) OBJECTIVES.—The policy and acquisition strategy 
required by subsection (a) shall have the following objec-
tives: 
(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; 
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(2) develop a single consistent definition for such 
term that would— 
(A) address any deficiencies in the existing 
definitions, as determined pursuant to para-
graph (1); 
(B) reasonably apply to all Federal depart-
ments and agencies; 
(C) ensure that the head of each such de-
partment or agency is able to identify each posi-
tion within that department or agency that exer-
cises an inherently governmental function and 
should only be performed by officers or employees 
of the Federal Government or members of the 
Armed Forces; and 
(D) allow the head of each such department 
or agency to identify each position within that 
department or agency that, while the position 
may not exercise an inherently governmental 
function, nevertheless should only be performed 
by officers or employees of the Federal Govern-
ment or members of the Armed Forces; 
(3) in addition to the actions described under 
paragraphs (1) and (2), provide criteria that would 
identify positions within Federal departments and 
agencies that are to be performed by officers or em-
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