H. R. 2638—71 
in any prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8103. Notwithstanding any other provision of law, that 
not more than 35 percent of funds provided in this Act for environ-
mental remediation may be obligated under indefinite delivery/ 
indefinite quantity contracts with a total contract value of 
$130,000,000 or higher. 
SEC. 8104. The Secretary of Defense shall create a major force 
program category for space for the Future Years Defense Program 
of the Department of Defense. The Secretary of Defense shall des-
ignate an official in the Office of the Secretary of Defense to provide 
overall supervision of the preparation and justification of program 
recommendations and budget proposals to be included in such major 
force program category. 
SEC. 8105. During the current fiscal year and hereafter, none 
of the funds appropriated or otherwise available to the Department 
of Defense may be obligated or expended to provide award fees 
to any defense contractor contrary to the provisions of section 
814 of the National Defense Authorization Act, Fiscal Year 2007 
(Public Law 109–364). 
SEC. 8106. None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended 
by the United States Government for a purpose as follows: 
(1) To establish any military installation or base for the 
purpose of providing for the permanent stationing of United 
States Armed Forces in Iraq. 
(2) To exercise United States control over any oil resource 
of Iraq. 
SEC. 8107. Beginning with the fiscal year 2010 budget request, 
the Director of National Intelligence shall include the budget 
exhibits identified in paragraphs (1) and (2) as described in the 
Department of Defense Financial Management Regulation with the 
congressional budget justification books. 
(1) For procurement programs requesting more than 
$20,000,000 in any fiscal year, the P–1, Procurement Program; 
P–5, Cost Analysis; P–5a, Procurement History and Planning; 
P–21, Production Schedule; and P–40 Budget Item Justification. 
(2) For research, development, test and evaluation projects 
requesting more than $10,000,000 in any fiscal year, the R– 
1, RDT&E Program; R–2, RDT&E Budget Item Justification; 
R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program 
Schedule Profile. 
SEC. 8108. None of the funds made available in this Act may 
be used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States Code. 
(2) Section 2242 of the Foreign Affairs Reform and Restruc-
turing Act of 1998 (division G of Public Law 105–277; 112 
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 
thereto, including regulations under part 208 of title 8, Code 
of Federal Regulations, and part 95 of title 22, Code of Federal 
Regulations.
H. R. 2638—72 
(3) Sections 1002 and 1003 of the Department of Defense, 
Emergency Supplemental Appropriations to Address Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109–148). 
SEC. 8109. Notwithstanding any other provision of law, none 
of the funds made available in this Act may be used to pay nego-
tiated indirect cost rates on a contract, grant, or cooperative agree-
ment (or similar arrangement) entered into by the Department 
of Defense and an entity in excess of 35 percent of the total 
cost of the contract, grant, or agreement (or similar arrangement): 
Provided, That this limitation shall apply only to contracts, grants, 
or cooperative agreements entered into after the date of the enact-
ment of this Act using funds made available in this Act for basic 
research. 
SEC. 8110. The Secretary of Defense shall maintain on the 
homepage of the Internet website of the Department of Defense 
a direct link to the Internet website of the Office of Inspector 
General of the Department of Defense. 
SEC. 8111. (a) Not later than 60 days after enactment of this 
Act, the Office of the Director of National Intelligence shall submit 
a report to the congressional intelligence committees to establish 
the baseline for application of reprogramming and transfer authori-
ties for fiscal year 2009: Provided, That the report shall include— 
(1) a table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation by 
Expenditure Center and project; and 
(3) an identification of items of special congressional 
interest. 
(b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional intelligence committees, unless the Director of 
National Intelligence certifies in writing to the congressional intel-
ligence committees that such reprogramming or transfer is nec-
essary as an emergency requirement. 
SEC. 8112. The Director of National Intelligence shall submit 
to Congress each year, at or about the time that the President’s 
budget is submitted to Congress that year under section 1105(a) 
of title 31, United States Code, a future-years intelligence program 
(including associated annexes) reflecting the estimated expenditures 
and proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal year with 
respect to which the budget is submitted and at least the four 
succeeding fiscal years. 
SEC. 8113. For the purposes of this Act, the term ‘‘congressional 
intelligence committees’’ means the Permanent Select Committee 
on Intelligence of the House of Representatives, the Select Com-
mittee on Intelligence of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on Appropria-
tions of the Senate. 
SEC. 8114. The Department of Defense shall continue to report 
incremental contingency operations costs for Operation Iraqi 
Freedom and Operation Enduring Freedom on a monthly basis
H. R. 2638—73 
in the Cost of War Execution Report as prescribed in the Depart-
ment of Defense Financial Management Regulation Department 
of Defense Instruction 7000.14, Volume 12, Chapter 23 ‘‘Contin-
gency Operations’’, Annex 1, dated September 2005. 
SEC. 8115. HORSHAM JOINT INTERAGENCY INSTALLATION.— 
(a) ESTABLISHMENT
OF INSTALLATION.—The Horsham Joint 
Interagency Installation located in Horsham Township, Montgomery 
County, Pennsylvania is hereby established. Pursuant to Section 
3703 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, 
and Iraq Accountability Appropriations Act (121 Stat. 145), at a 
time determined by the Secretary of the Navy, or upon completion 
of the associated Defense Base Closure and Realignment Commis-
sion recommendations, the Secretary of the Navy shall, notwith-
standing any other provision of law, transfer to the Secretary of 
the Air Force, at no cost, all designated lands, easements, Air 
Installation Compatible Use Zones, and facilities at NASJRB Willow 
Grove. The airfield at the Horsham Joint Interagency Installation 
shall be known as ‘‘Pitcairn-Willow Grove Field’’. 
(b) TRANSFER TO COMMONWEALTH OF PENNSYLVANIA.—Notwith-
standing any other provision of law, the Secretary of the Air Force 
shall convey all of the Navy property transferred to the Air Force, 
as well as excess Air Force property at the Willow Grove Air 
Reserve Station, to the Commonwealth of Pennsylvania, at no cost, 
for operation of the Horsham Joint Interagency Installation so 
long as it is used continuously as the Horsham Joint Interagency 
Installation. In the event the property is no longer used for the 
Horsham Joint Interagency Installation, it shall revert to the 
Department of Defense. Installation property conveyed to the 
Commonwealth of Pennsylvania may not be reconveyed, but may 
be leased, subleased, or licensed by the Commonwealth, for any 
agreed upon term, for use by the United States, its agencies or 
instrumentalities, at terms agreeable to the United States, or to 
State or local government agencies, or other associated users. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8116. (a) STOP-LOSS SPECIAL PAY.—In addition to the 
amounts appropriated or otherwise made available elsewhere in 
this Act, $72,000,000 is hereby appropriated to the Secretary of 
Defense to carry out this section. Such amount shall be made 
available to the Secretaries of the military departments only to 
provide special pay during fiscal year 2009 to members of the 
Army, Navy, Air Force, and Marine Corps, including members 
of their reserve components who at any time during fiscal year 
2009, serve on active duty while the members’ enlistment or period 
of obligated service is extended, or whose eligibility for retirement 
is suspended, pursuant to section 123 or 12305 of title 10, United 
States Code, or any other provision of law (commonly referred 
to as a ‘‘stop-loss authority’’) authorizing the President to extend 
an enlistment or period of obligated service, or suspend an eligibility 
for retirement, of a member of the uniformed services in time 
of war or of national emergency declared by Congress or the Presi-
dent. 
(b) SPECIAL PAY AMOUNT.—The amount of the special pay paid 
under subsection (a) to or on behalf of an eligible member may 
not exceed $500 per month for each month or portion of a month 
during fiscal year 2009 that the member is retained on active 
duty as a result of application of the stop-loss authority.
H. R. 2638—74 
(c) IMPLEMENTATION PLAN.—Before obligating or expending any 
of the funds made available under subsection (a), the Secretary 
of Defense shall submit to the Committees on Appropriations of 
the House of Representatives and the Senate a report containing 
a plan for the provision of the special pay authorized by this 
section. 
SEC. 8117. Section 3287 of title 18, United States Code, is 
amended— 
(1) by inserting ‘‘or Congress has enacted a specific 
authorization for the use of the Armed Forces, as described 
in section 5(b) of the War Powers Resolution (50 U.S.C. 
1544(b)),’’ after ‘‘is at war’’; 
(2) by inserting ‘‘or directly connected with or related to 
the authorized use of the Armed Forces’’ after ‘‘prosecution 
of the war’’; 
(3) by striking ‘‘three years’’ and inserting ‘‘5 years’’; 
(4) by striking ‘‘proclaimed by the President’’ and inserting 
‘‘proclaimed by a Presidential proclamation, with notice to Con-
gress,’’; and 
(5) by adding at the end the following: ‘‘For purposes of 
applying such definitions in this section, the term ‘war’ includes 
a specific authorization for the use of the Armed Forces, as 
described in section 5(b) of the War Powers Resolution (50 
U.S.C. 1544(b)).’’. 
SEC. 8118. INCENTIVES
FOR ADDITIONAL DOWNBLENDING
OF 
HIGHLY ENRICHED URANIUM
BY
THE RUSSIAN FEDERATION. The 
USEC Privatization Act (42 U.S.C. 2297h et seq.) is amended— 
(1) in section 3102, by striking ‘‘For purposes’’ and inserting 
‘‘Except as provided in section 3112A, for purposes’’; and 
(2) by inserting after section 3112 the following: 
‘‘SEC. 3112A. INCENTIVES FOR ADDITIONAL DOWNBLENDING OF 
HIGHLY ENRICHED URANIUM BY THE RUSSIAN FEDERA-
TION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMPLETION OF THE RUSSIAN HEU AGREEMENT.—The 
term ‘completion of the Russian HEU Agreement’ means the 
importation into the United States from the Russian Federation 
pursuant to the Russian HEU Agreement of uranium derived 
from the downblending of not less than 500 metric tons of 
highly enriched uranium of weapons origin. 
‘‘(2) DOWNBLENDING.—The term ‘downblending’ means 
processing highly enriched uranium into a uranium product 
in any form in which the uranium contains less than 20 percent 
uranium-235. 
‘‘(3) 
HIGHLY
ENRICHED
URANIUM.—The 
term 
‘highly 
enriched uranium’ has the meaning given that term in section 
3102(4). 
‘‘(4) HIGHLY ENRICHED URANIUM OF WEAPONS ORIGIN.—The 
term ‘highly enriched uranium of weapons origin’ means highly 
enriched uranium that— 
‘‘(A) contains 90 percent or more uranium-235; and 
‘‘(B) is verified by the Secretary of Energy to be of 
weapons origin. 
‘‘(5) LOW-ENRICHED URANIUM.—The term ‘low-enriched ura-
nium’ means a uranium product in any form, including uranium 
hexafluoride (UF6) and uranium oxide (UO2), in which the