HR 5658 PCS 
(C) An assessment as to whether such con-
ferences are appropriately targeted to institu-
tions that have not historically received con-
tracts, grants or cooperative agreements with 
the Department. 
(4) As directed in Executive Order No. 13256, 
a plan documenting the Department’s effort in in-
creasing the capacity of HBCU/MIs to participate in 
the research programs of the Department. 
(5) Any other matters the Secretary considers 
appropriate. 
SEC. 233. TECHNOLOGY-NEUTRAL INFORMATION TECH-
NOLOGY GUIDELINES AND STANDARDS TO 
SUPPORT 
FULLY 
INTEROPERABLE 
ELEC-
TRONIC PERSONAL HEALTH INFORMATION 
FOR THE DEPARTMENT OF DEFENSE AND DE-
PARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 1635 of the National De-
fense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 460; 10 U.S.C. 1071 note) is amend-
ed— 
(1) in subsection (h)(1) by adding at the end 
the following: 
‘‘(C) A description and analysis of the level 
of interoperability and security of technologies 
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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 
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existing standards and assist in the develop-
ment of interoperability specifications; and 
‘‘(C) consistent with relevant guidance and 
directives for the development of information 
technology systems with the Department of De-
fense and the Department of Veterans Affairs. 
‘‘(2) ELEMENTS.—The guidelines and stand-
ards developed or adopted under subsection (a) 
shall— 
‘‘(A) promote the use by commercially 
available and open source products to incor-
porate those guidelines and standards; 
‘‘(B) develop uniform testing procedures 
suitable for determining the conformance of 
commercially available and other Federally de-
veloped healthcare information technology prod-
ucts with the guidelines and standards; 
‘‘(C) support and promote the testing of 
electronic healthcare information technologies 
utilized by the Department of Defense and the 
Department of Veterans Affairs; 
‘‘(D) provide protection and security pro-
files; 
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‘‘(E) establish a core set of specifications 
in transactions between Federal agencies and 
their transaction partners; and 
‘‘(F) include validation criteria to enable 
Federal agencies to select healthcare informa-
tion technologies appropriate to their needs. 
‘‘(3) REPORT.—Not later than March 31, 2009, 
the Director shall submit to the Secretary of De-
fense and the Secretary of Veterans Affairs, and to 
the appropriate congressional committees, a report 
identifying the guidelines and standards developed 
or adopted under this subsection. The report shall 
include— 
‘‘(A) a description of how the Office is 
working with the Business Transformation 
Agency to integrate these standards into the 
Enterprise Transition Plan for the Department 
of Defense; and 
‘‘(B) a synchronization roadmap showing 
the timeline for the deployment of applicable ex-
isting and planned healthcare information tech-
nology systems and how they will implement 
these standards.’’. 
(b) 
COMPLIANCE
WITH
REQUIREMENTS.—The 
amendments made by subsection (a) shall not impede the 
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Secretary of Defense, the Secretary of Veterans Affairs, 
and the interagency program office from ensuring that the 
requirements of subsection (d) of section 1635 of that Act, 
including the date specified in that subsection, are met. 
SEC. 234. REPEAL OF REQUIREMENT FOR TECHNOLOGY 
TRANSITION INITIATIVE. 
(a) ASSESSMENT REQUIRED.— 
(1) IN GENERAL.—Not later than March 31, 
2009, the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics shall assess the fea-
sibility of consolidating various technology transition 
accounts into a unified effort managed by a senior 
official of the Department of Defense. 
(2) OSD PROGRAMS INCLUDED.—Such assess-
ment shall include, but shall not be limited to, the 
following programs within the Office of the Sec-
retary of Defense: Technology Transition Initiative, 
Foreign Comparative Test, Defense Acquisition 
Challenge Program, Quick Reaction Fund, Manufac-
turing Technology, Joint Capability Technology 
Demonstrations, Defense Technology Link, Joint 
Capability Technology Demonstration Transition 
Program, Defense Acquisition Executive, Rapid Re-
action Fund, and Operational Experimentation Divi-
sion. 
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(3) MILITARY
DEPARTMENT
PROGRAMS
IN-
CLUDED.—Such assessment shall also include, as 
appropriate, the technology transition initiatives of 
the military departments. 
(b) INITIATIVE REQUIREMENT REPEALED.— 
(1) IN GENERAL.—Section 2359a of title 10, 
United States Code, is amended— 
(A) by amending the section heading to 
read as follows: 
‘‘§ 2359a. Technology Transition Council’’; 
(B) by striking subsections (a), (b), (c), 
(d), (e), (f), and (h); and 
(C) by redesignating subsections (g) and 
(i) as (a) and (b), respectively. 
(2) CONFORMING AMENDMENT.—The table of 
sections at the beginning of chapter 139 of title 10, 
United States Code, is amended by striking the item 
relating to section 2359a and inserting the following 
new item: 
‘‘2359a. Technology Transition Council.’’. 
SEC. 235. TRUSTED DEFENSE SYSTEMS. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense shall conduct a comprehensive assessment of covered 
acquisition programs to identify vulnerabilities in the sup-
ply chain of each program’s information processing sys-
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(1) address the vulnerabilities identified by the 
Secretary’s assessment under subsection (a); 
(2) reflect the priorities identified by such as-
sessment; 
(3) be executable by the defense acquisition 
community; and 
(4) be sufficiently specific to provide guidance 
for the planning, programming, budgeting, and exe-
cution process in order to ensure acquisition pro-
grams have the necessary resources to implement all 
appropriate elements of the strategy. 
(c) INTERIM POLICY FOR APPLICATION SPECIFIC IN-
TEGRATED CIRCUITS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall issue a policy requiring covered trusted systems to 
employ only trusted foundry services to fabricate their cus-
tom designed integrated circuits. 
(d) SUBMISSION TO CONGRESS.—Not later than 12 
months after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congressional de-
fense committees— 
(1) the assessment required by subsection (a); 
and 
(2) the strategy required by subsection (b). 
(e) DEFINITIONS.—In this section: 
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(1) The term ‘‘covered acquisition programs’’ 
means a Department of Defense acquisition program 
that is a major system for purposes of section 
2302(5) of title 10, United States Code, and— 
(A) has not yet entered low-rate initial pro-
duction, as defined in section 2400 of title 10, 
United States Code; or 
(B) is currently in production or no longer 
in production, and information processing sys-
tem upgrades are still planned over the life 
cycle of the system. 
(2) The terms ‘‘trust’’ and ‘‘trusted’’ refer to 
the high confidence by the Department of Defense 
in the national ability to secure national security 
systems by assessing the integrity of the people and 
processes used to design, generate, manufacture, 
and distribute national security critical components. 
(3) The term ‘‘covered trusted systems’’ 
means— 
(A) all Mission Assurance Category I sys-
tems, as defined in Department of Defense Di-
rective 8500.01E and associated Department of 
Defense Instruction 8500.2; and 
(B) any other system identified by the Sec-
retary of Defense as a system— 
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(i) that is vital to mission effective-
ness or operational readiness of deployed 
or contingency forces; 
(ii) the loss or degradation of which 
results in immediate and sustained loss of 
mission effectiveness; 
(iii) that is highly accurate and highly 
available; and 
(iv) for which the most stringent pro-
tection measures are required. 
(4) The term ‘‘trusted foundry services’’ means 
the program co-funded by the National Security 
Agency and the Department of Defense, through 
program element 0605140D8Z, or any such similar 
program approved by the Secretary of Defense. 
SEC. 236. LIMITATION ON OBLIGATION OF FUNDS FOR EN-
HANCED AN/TPQ–36 RADAR SYSTEM PENDING 
SUBMISSION OF REPORT. 
Of the amounts appropriated pursuant to section 
201(1) of this Act or otherwise made available for fiscal 
year 2009 for research, development, test, and evaluation, 
Army, for the Enhanced AN/TPQ–36 radar system, not 
more than 70 percent of the amounts remaining unobli-
gated as of the date of the enactment of this Act may 
be obligated until the Secretary of the Army submits to 
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the congressional defense committees a report describing 
the plan to transition the Counter-Rockets, Artillery, and 
Mortars program to a program of record. 
SEC. 237. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A 
JOINT APPROACH FOR FUTURE DEVELOP-
MENT OF VERTICAL LIFT AIRCRAFT AND 
ROTORCRAFT. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense and the Chairman of the Joint Chiefs of Staff shall 
carry out a capabilities-based assessment that outlines a 
joint approach to the future development of vertical lift 
aircraft and rotorcraft for all of the military services. The 
assessment shall— 
(1) address critical technologies required for fu-
ture development, including a technology roadmap; 
(2) include the development of a strategic plan 
that— 
(A) formalizes the Department of De-
fense’s strategic vision for the next generation 
of Department of Defense vertical lift aircraft 
and rotorcraft; 
(B) establishes joint requirements for the 
next generation of Department of Defense 
vertical lift aircraft and rotorcraft technology; 
and 
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(C) emphasizes the development of com-
mon service requirements; and 
(3) include the development of a detailed 
science and technology investment and implementa-
tion plan and an identification of the resources re-
quired to implement it. 
(b) REPORT.—The Secretary and the Chairman shall 
submit to the congressional defense committees a report 
on the assessment under subsection (a). The report shall 
include— 
(1) the technology roadmap referred to in sub-
section (a)(1); 
(2) the strategic plan referred to in subsection 
(a)(2); 
(3) the plan and the identification of resources 
referred to in subsection (a)(3); and 
(4) a detailed plan to establish a Joint Vertical 
Lift Aircraft/Rotorcraft Office based on lessons 
learned from the Joint Advanced Strike Technology 
(JAST) Office. 
SEC. 238. AVAILABILITY OF FUNDS FOR PROMPT GLOBAL 
STRIKE CAPABILITY DEVELOPMENT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, funds for conventional prompt global 
strike capability development are authorized by this Act 
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only for those activities expressly delineated in the expend-
iture plan for fiscal years 2008 and 2009 that was re-
quired by section 243 of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 51; 10 U.S.C. 113 note) and submitted to the con-
gressional defense committees and dated March 24, 2008, 
or those activities otherwise expressly authorized by Con-
gress. 
(b) REPORT.—The Secretary of Defense shall submit 
to the congressional defense committees, concurrently with 
the President’s budget request for fiscal year 2010, a re-
port that describes each conventional prompt global strike 
concept that— 
(1) has been, or will be, affected by the tech-
nology applications developed pursuant to conven-
tional prompt global strike activities within fiscal 
year 2009; and 
(2) will be considered within the context of any 
conventional prompt global strike concept decision in 
fiscal year 2010. 
SEC. 239. VISITING NIH SENIOR NEUROSCIENCE FELLOW-
SHIP PROGRAM. 
(a) REQUIREMENT TO ESTABLISH.—The Secretary 
of Defense may establish a program to be known as the 
Visiting NIH Senior Neuroscience Fellowship Program (in 
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this section referred to as the ‘‘Program’’) at the Defense 
Advanced Research Projects Agency (DARPA) and the 
Defense Center of Excellence for Psychological Health and 
Traumatic Brain Injury (DCoE). 
(b) ACTIVITIES OF THE PROGRAM.—The Program 
may— 
(1) provide a partnership between the National 
Institutes of Health (NIH) and DARPA that will 
enable identification and funding of the broadest 
range of innovative, highest quality clinical and ex-
perimental neuroscience studies for the benefit of 
men and women in the Armed Forces; 
(2) provide a partnership between the NIH and 
the DCoE that will enable identification and funding 
of clinical and experimental neuroscience studies for 
the benefit of men and women in the Armed Forces; 
(3) provide a technology transfer mechanism 
whereby the results of such studies can, where ap-
propriate, be used to enhance the health mission of 
the NIH for the benefit of the public; and 
(4) provide a military/civilian collaborative envi-
ronment for neuroscience-based medical problem- 
solving in critical areas impacting both military and 
civilian life, particularly post-traumatic stress dis-
order. 
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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. 
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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. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and 
maintenance, in amounts as follows: 
(1) For the Army, $31,788,395,000. 
(2) For the Navy, $34,870,098,000. 
(3) For the Marine Corps, $5,680,054,000. 
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(4) For the Air Force, $35,060,427,000. 
(5) 
For 
Defense-wide 
activities, 
$25,806,657,000. 
(6) For the Army Reserve, $2,659,141,000. 
(7) For the Naval Reserve, $1,311,085,000. 
(8) 
For 
the 
Marine 
Corps 
Reserve, 
$213,131,000. 
(9) For the Air Force Reserve, $3,202,892,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$5,900,346,000. 
(11) 
For 
the 
Air 
National 
Guard, 
$5,929,576,000. 
(12) For the United States Court of Appeals 
for the Armed Forces, $13,254,000. 
(13) For Environmental Restoration, Army, 
$447,776,000. 
(14) For Environmental Restoration, Navy, 
$290,819,000. 
(15) For Environmental Restoration, Air Force, 
$496,277,000. 
(16) For Environmental Restoration, Defense- 
wide, $13,175,000. 
(17) For Environmental Restoration, Formerly 
Used Defense Sites, $257,796,000. 
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(18) For Overseas Humanitarian, Disaster, and 
Civic Aid programs, $83,273,000. 
(19) For Cooperative Threat Reduction pro-
grams, $445,135,000. 
(20) For the Overseas Contingency Operations 
Transfer Fund, $9,101,000. 
Subtitle B—Environmental 
Provisions 
SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE 
PARTICIPATION IN CONSERVATION BANKING 
PROGRAMS. 
(a) PARTICIPATION AUTHORIZED.—Chapter 159 of 
title 10, United States Code, is amended by inserting after 
section 2694b the following new section: 
‘‘§ 2694c. Participation in conservation banking pro-
grams 
‘‘(a) AUTHORITY TO PARTICIPATE.—Subject to the 
availability of appropriated funds to carry out this section, 
the Secretary concerned, when engaged or proposing to 
engage in an activity described in subsection (b) that may 
or will result in an adverse impact to one or more species 
protected (or pending protection) under any applicable 
provision of law, or habitat for such species, may make 
payments to a conservation banking program or ‘in-lieu- 
fee’ mitigation sponsor approved in accordance with— 
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‘‘(1) the Federal Guidance for the Establish-
ment, Use and Operation of Mitigation Banks (60 
Fed. Reg. 58605; November 28, 1995); 
‘‘(2) the Guidance for the Establishment, Use, 
and Operation of Conservation Banks (68 Fed. Reg. 
24753; May 2, 2003); 
‘‘(3) the Federal Guidance on the Use of In- 
Lieu-Fee Arrangements for Compensatory Mitiga-
tion Under Section 404 of the Clean Water Act and 
Section 10 of the Rivers and Harbors Act (65 Fed. 
Reg. 66915; November 7, 2000); or 
‘‘(4) any successor or related administrative 
guidance or regulation. 
‘‘(b) COVERED ACTIVITIES.—Payments to a con-
servation banking program or ‘in-lieu-fee’ mitigation spon-
sor under subsection (a) may be made only for the purpose 
of facilitating one or more of the following activities: 
‘‘(1) Military testing, operations, training, or 
other military activity. 
‘‘(2) Military construction. 
‘‘(c) TREATMENT OF AMOUNTS FOR CONSERVATION 
BANKING.—Payments made under subsection (a) to a 
conservation banking program or ‘in-lieu-fee’ mitigation 
sponsor for the purpose of facilitating military construc-
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tion may be treated as eligible costs of the military con-
struction project. 
‘‘(d) SECRETARY CONCERNED DEFINED.—In this 
section, the term ‘Secretary concerned’ means— 
‘‘(1) the Secretary of a military department; 
and 
‘‘(2) the Secretary of Defense with respect to a 
Defense Agency.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2694b the following new 
item: 
‘‘2694c. Participation in conservation banking programs.’’. 
(c) EFFECTIVE DATE.—Section 2694c of title 10, 
United States Code, as added by subsection (a), shall take 
effect on October 1, 2008, and only funds appropriated 
for fiscal years beginning after September 30, 2008, may 
be used to carry out such section. 
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC-
TION AGENCY FOR CERTAIN COSTS IN CON-
NECTION WITH MOSES LAKE WELLFIELD 
SUPERFUND 
SITE, 
MOSES 
LAKE, 
WASH-
INGTON. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds de-
scribed in subsection (b) and notwithstanding sec-
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tion 2215 of title 10, United States Code, the Sec-
retary of Defense may transfer not more than 
$64,049.40 during fiscal year 2009 to the Moses 
Lake Wellfield Superfund Site 10–6J Special Ac-
count. 
(2) PURPOSE OF REIMBURSEMENT.—The pay-
ment under paragraph (1) is to reimburse the Envi-
ronmental Protection Agency for its costs incurred 
in overseeing a remedial investigation/feasibility 
study performed by the Department of the Army 
under the Defense Environmental Restoration Pro-
gram at the former Larson Air Force Base, Moses 
Lake Superfund Site, Moses Lake, Washington. 
(3) INTERAGENCY
AGREEMENT.—The reim-
bursement described in paragraph (2) is provided for 
in the interagency agreement entered into by the 
Department of the Army and the Environmental 
Protection Agency for the Moses Lake Wellfield 
Superfund Site in March 1999. 
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated by section 301(17) for operation and mainte-
nance for Environmental Restoration, Formerly Used De-
fense Sites. 
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(c) USE OF FUNDS.—The Environmental Protection 
Agency shall use the amount transferred under subsection 
(a) to pay costs incurred by the Agency at the Moses Lake 
Wellfield Superfund Site. 
SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY 
FOR MANAGEMENT OF NATURAL RESOURCES 
TO 
INCLUDE 
OFF-INSTALLATION 
MITIGA-
TION. 
Section 103a(a) of the Sikes Act (16 U.S.C. 670c– 
1(a)) is amended— 
(1) by striking ‘‘to provide for the’’ and insert-
ing ‘‘to provide for the following: 
‘‘(1) The’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The maintenance and improvement of nat-
ural resources located off of a Department of De-
fense installation if the purpose of the cooperative 
agreement is to relieve or eliminate current or antici-
pated challenges that could restrict, impede, or oth-
erwise interfere with, whether directly or indirectly, 
current or anticipated military activities.’’. 
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SEC. 314. DETECTION INSTRUMENT TECHNOLOGY RE-
SEARCH AND DEPLOYMENT OF RESULTING 
DETECTION 
INSTRUMENTS 
AND 
TECHNO-
LOGICAL IMPROVEMENTS. 
(a) RESEARCH REQUIRED.—The Secretary of De-
fense shall— 
(1) make the research, development, testing, 
and evaluation of technology related to unexploded 
ordnance detection a priority; and 
(2) accelerate the transition of promising detec-
tion instrument technology across the Department of 
Defense. 
(b) DEPLOYMENT AND TRAINING.—The Secretary 
shall facilitate the deployment of unexploded ordnance de-
tection instrument technology developed through research 
funded by the Department of Defense or developed by en-
tities other than the Department of Defense. The Sec-
retary may consider allocating a portion of the amount 
appropriated for such research and development activities 
to assist in the training of operators of unexploded ord-
nance detection instruments on the use of new detection 
instruments. 
(c) REPORT.—Not later than February 1, 2009, the 
Secretary shall submit to the Committee on Armed Serv-
ices of the Senate and the Committee on Armed Services 
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of the House of Representatives a report describing and 
evaluating the following: 
(1) The amounts allocated for research, devel-
opment, test, and evaluation for unexploded ord-
nance detection technologies. 
(2) The amounts allocated for transition of new 
unexploded ordnance technologies. 
(3) Activities undertaken by the Department to 
transition such technologies and train operators on 
emerging detection instrument technologies. 
(4) Any impediments to the transition of new 
unexploded ordnance detection instrument tech-
nologies to regular operation in remediation pro-
grams. 
(5) The transfer of such technologies to private 
companies involved in the detection of unexploded 
ordnance. 
(6) Activities undertaken by the Department to 
raise public awareness regarding unexploded ord-
nance. 
(d) UNEXPLODED ORDNANCE DEFINED.—In this 
section, the term ‘‘unexploded ordnance’’ has the meaning 
given such term in section 101(e)(5) of title 10, United 
States Code. 
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SEC. 315. CLOSED LOOP RECYCLING FOR MOTOR VEHICLE 
LUBRICATING OIL. 
(a) STUDY AND EVALUATION.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to Congress a report which 
reviews the Department of Defense’s policies concerning 
the sale and disposal of used motor vehicle lubricating oil, 
and shall include in the report an evaluation of the feasi-
bility and desirability of implementing policies to require 
closed loop recycling of used oil as a means of reducing 
total indirect energy usage and greenhouse gas emissions. 
(b) IMPLEMENTATION.—To the extent that the eval-
uation included in the report submitted under subsection 
(a) indicates that closed loop recycling of used motor vehi-
cle lubricating oil can reduce total indirect energy usage 
and greenhouse gas emissions without significant increase 
in overall cost to the Department of Defense, the Sec-
retary shall implement policies to require closed loop recy-
cling of used oil whenever feasible. 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘closed loop recycling’’ means the sale of used oil 
to entities that re-refine used oil into base oil and vehicle 
lubricants that meet Department of Defense and industry 
standards, and the purchase of re-refined oil produced 
through such re-refining process. 
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Subtitle C—Workplace and Depot 
Issues 
SEC. 321. TIME LIMITATION ON DURATION OF PUBLIC-PRI-
VATE COMPETITIONS. 
(a) TIME LIMITATION.—Section 2461(a) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(5)(A) The duration of a public-private competition 
conducted pursuant to Office of Management and Budget 
Circular A–76 or any other provision of law for any func-
tion of the Department of Defense performed by Depart-
ment of Defense civilian employees may not exceed a pe-
riod of 540 days, commencing on the date on which the 
preliminary planning for the public-private competition be-
gins through the date on which a performance decision 
is rendered with respect to the function. 
‘‘(B) The time period specified in subparagraph (A) 
for a public-private competition does not include any day 
during which the public-private competition is delayed by 
reason of a protest before the Government Accountability 
Office or the United States Court of Federal Claims un-
less the Secretary of Defense determines that the delay 
is caused by issues being raised during the appellate proc-
ess that were not previously raised during the competi-
tion.’’. 
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(b) EFFECTIVE DATE.—Paragraph (5) of section 
2461(a) of title 10, United States Code, as added by sub-
section (a), shall apply with respect to a public-private 
competition covered by such section that is being con-
ducted on or after the date of the enactment of this Act. 
SEC. 322. COMPREHENSIVE ANALYSIS AND DEVELOPMENT 
OF SINGLE GOVERNMENT-WIDE DEFINITION 
OF INHERENTLY GOVERNMENTAL FUNCTION. 
(a) DEVELOPMENT AND IMPLEMENTATION OF DEFI-
NITION OF INHERENTLY GOVERNMENTAL FUNCTION.— 
The Director of the Office of Management and Budget, 
in consultation with appropriate representatives of the 
Chief Acquisition Officers Council under section 16A of 
the Office of Federal Procurement Policy Act (41 U.S.C. 
414b) and the Chief Human Capital Council under section 
1401 of title 5, United States Code, shall— 
(1) review the definitions of the term ‘‘inher-
ently governmental function’’ described in subsection 
(b) to determine whether such definitions are suffi-
ciently focused to ensure that only officers or em-
ployees of the Federal Government or members of 
the Armed Forces perform inherently governmental 
functions or other critical functions necessary for the 
mission of a Federal department or agency; 
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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 po-
sition within that department or agency that 
exercises an inherently governmental function 
and should only be performed by officers or em-
ployees of the Federal Government or members 
of the Armed Forces; and 
(D) allow the head of each such depart-
ment or agency to identify each position within 
that department or agency that, while the posi-
tion may not exercise an inherently govern-
mental function, nevertheless should only be 
performed by officers or employees of the Fed-
eral Government 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 
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agencies that are to be performed by officers or em-
ployees of the Federal Government or members of 
the Armed Forces to ensure that the head of each 
Federal department or agency— 
(A) develops and maintains sufficient or-
ganic expertise and technical capability; 
(B) develops guidance to implement the 
definition of inherently governmental as de-
scribed in paragraph (2) in a manner that is 
consistent with agency missions and operational 
goals; and 
(C) develops guidance to manage internal 
decisions regarding staffing in an integrated 
manner to ensure officers or employees of the 
Federal Government or members of the Armed 
Forces are filling critical management roles by 
identifying— 
(i) functions, activities, or positions, 
or some combination thereof, or 
(ii) additional mechanisms; 
(4) in undertaking the actions described in 
paragraphs (1) and (2), take into account the final 
recommendations and related findings concerning 
performance of inherently governmental functions in 
the Final Report of the Acquisition Advisory Panel 
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established pursuant to section 1423 of the Services 
Acquisition Reform Act of 2003 (title XIV of Public 
Law 108–136; 41 U.S.C. 405 note) and any other 
relevant reports or documents; and 
(5) solicit the views of the public regarding the 
matters identified in this section. 
(b) DEFINITIONS OF INHERENTLY GOVERNMENTAL 
FUNCTION.—The definitions of inherently governmental 
function described in this subsection are the definitions 
of such term that are contained in— 
(1) the Federal Activities Inventory Reform Act 
of 1998 (Public Law 105–270; 31 U.S.C. 501 note); 
(2) section 2383 of title 10, United States 
Code; 
(3) Office of Management and Budget Circular 
A–76; 
(4) the Federal Acquisition Regulation; and 
(5) any other relevant Federal law or regula-
tion, as determined by the Director of the Office of 
Management and Budget in consultation with the 
Chief Acquisition Officers Council and the Chief 
Human Capital Council. 
(c) REPORT TO CONGRESS.—Not later than one year 
after the date of the enactment of this Act, the Director 
of the Office of Management and Budget, in consultation 
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with the Chief Acquisition Officers Council and the Chief 
Human Capital Council, shall submit to the Committees 
on Armed Services of the Senate and House of Represent-
atives, the Committee on Homeland Security and Govern-
mental Affairs in the Senate, and the Committee on Over-
sight and Government Reform of the House of Represent-
atives a report on the actions taken by the Director under 
this section. Such report shall contain each of the fol-
lowing: 
(1) A description of the actions taken by the 
Director under this section to develop a single defini-
tion of inherently governmental function. 
(2) Such legislative recommendations as the Di-
rector determines are necessary to further the pur-
poses of this section. 
(3) A description of such steps as may be nec-
essary— 
(A) to ensure that the single definition de-
veloped under this section is consistently ap-
plied through all Federal regulations, circulars, 
policy letters, agency guidance, and other docu-
ments; 
(B) to repeal any existing Federal regula-
tions, circular, policy letters, agency guidance 
and other documents determined to be super-
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seded by the definition developed under this 
section; and 
(C) to develop any necessary implementing 
guidance under this section for agency staffing 
and contracting decisions, along with appro-
priate milestones. 
(d) REGULATIONS.—Not later than 180 days after 
submission of the report required by subsection (c), the 
Director of the Office of Management and Budget shall 
issue regulations to implement actions taken under this 
section to develop a single definition of inherently govern-
mental function. 
SEC. 323. STUDY ON FUTURE DEPOT CAPABILITY. 
(a) STUDY REQUIRED.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall enter into a contract with an independent 
research entity that is a not-for-profit entity or a federally- 
funded research and development center with appropriate 
expertise in logistics and logistics analytical capability to 
carry out a study on the capability and efficiency of the 
depots of the Department of Defense to provide the logis-
tics capabilities and capacity necessary for national de-
fense. 
(b) CONTENTS OF STUDY.—The study carried out 
under subsection (a) shall— 
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(1) be a quantitative analysis of the post-reset 
Department of Defense depot capability required to 
provide life cycle sustainment of military legacy sys-
tems and new systems and military equipment; 
(2) take into consideration direct input from 
the Secretary of Defense and the logistics and acqui-
sition leadership of the military departments, includ-
ing materiel support and depot commanders; 
(3) take into consideration input from regular 
and reserve components of the Armed Forces, both 
with respect to requirements for sustainment-level 
maintenance and the capability and capacity to per-
form depot-level maintenance and repair; 
(4) identify and address each type of activity 
carried out at depots, installation directorates of lo-
gistics, regional sustainment-level maintenance sites, 
reserve component maintenance capability sites, the-
ater equipment support centers, and Army field sup-
port brigade capabilities; 
(5) examine relevant guidance provided and 
regulations prescribed by the Secretary of Defense 
and the Secretary of each of the military depart-
ments, including with respect to programming and 
budgeting; and 
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(6) examine any relevant applicable laws, in-
cluding the relevant body of work performed by the 
Government Accountability Office. 
(c) ISSUES TO BE ADDRESSED.—The study required 
under subsection (a) shall address each of the following 
issues with respect to depots and depot capabilities: 
(1) The life cycle sustainment maintenance 
strategies and implementation plans of the Depart-
ment of Defense and the military departments that 
cover— 
(A) the role of each type of maintenance 
activity; 
(B) business operations; 
(C) workload projection; 
(D) outcome-based performance manage-
ment objectives; 
(E) the adequacy of information tech-
nology systems, including workload manage-
ment systems; 
(F) the workforce, including skills required 
and development; 
(G) budget and fiscal planning policies; 
and 
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(H) capital investment strategies, including 
the implementation of section 2476 of title 10, 
United States Code. 
(2) Current and future maintenance environ-
ments, including— 
(A) performance-based logistics; 
(B) supply chain management; 
(C) condition-based maintenance; 
(D) reliability-based maintenance; 
(E) consolidation and centralization, in-
cluding— 
(i) regionalization; 
(ii) two-level maintenance; and 
(iii) forward-based depot capacity; 
(F) public-private partnerships; 
(G) private-sector depot capability and ca-
pacity; and 
(H) the impact of proprietary technical 
documentation. 
(d) AVAILABILITY OF INFORMATION.—The Secretary 
of Defense and the Secretaries of each of the military de-
partments shall make available to the entity carrying out 
the study under subsection (a) all necessary and relevant 
information to allow the entity to conduct the study in 
a quantitative and analytical manner. 
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(e) REPORTS
TO COMMITTEES
ON ARMED SERV-
ICES.— 
(1) INTERIM REPORT.—The contract that the 
Secretary enters into under subsection (a) shall pro-
vide that not later than one year after the com-
mencement of the study conducted under this sec-
tion, the chief executive officer of the entity that 
carries out the study pursuant to the contract shall 
submit to the Committees on Armed Services of the 
Senate and House of Representatives an interim re-
port on the study. 
(2) FINAL REPORT.—Such contract shall pro-
vide that not later than 22 months after the date on 
which the Secretary of Defense enters into the con-
tract under subsection (a), the chief executive officer 
of the entity that carries out the study pursuant to 
the contract shall submit to the Committees on 
Armed Services of the Senate and House of Rep-
resentatives a final report on the study. The report 
shall include each of the following: 
(A) A description of the depot maintenance 
environment, as of the date of the conclusion of 
the study, and the anticipated future environ-
ment, together with the quantitative data used 
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HR 5658 PCS 
in conducting the assessment of such environ-
ments under the study. 
(B) Recommendations with respect to what 
would be required to maintain, in a post-reset 
environment, an efficient and enduring Depart-
ment of Defense depot capability necessary for 
national defense. 
(C) Recommendations with respect to any 
changes to any applicable law that would be ap-
propriate for a post-reset depot maintenance 
environment. 
(D) Recommendations with respect to the 
methodology of the Department of Defense for 
determining core logistics requirements, includ-
ing an assessment of risk. 
(E) Proposed business rules that would 
provide incentives for the Secretary of Defense 
and the Secretaries of the military departments 
to keep Department of Defense depots efficient 
and cost effective, including the workload level 
required for efficiency. 
(F) A proposed strategy for enabling, re-
quiring, and monitoring the ability of the De-
partment of Defense depots to produce per-
formance-driven outcomes and meet materiel 
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