HR 5658 PCS 
Sec. 2856. Land conveyance, John Sevier Range, Knox County, Tennessee. 
Sec. 2857. Land conveyance, Bureau of Land Management land, Camp Wil-
liams, Utah. 
Sec. 2858. Land conveyance, Army property, Camp Williams, Utah. 
Sec. 2859. Extension of Potomac Heritage National Scenic Trail through Fort 
Belvoir, Virginia. 
Sec. 2860. Transfer of administrative jurisdiction, decommissioned Naval Secu-
rity Group Activity, Skaggs Island, California. 
Subtitle F—Other Matters 
Sec. 2871. Revised deadline for transfer of Arlington Naval Annex to Arlington 
National Cemetery. 
Sec. 2872. Decontamination and use of former bombardment area on island of 
Culebra. 
Sec. 2873. Acceptance and use of gifts for construction of additional building 
at National Museum of the United States Air Force, Wright- 
Patterson Air Force Base. 
Sec. 2874. Establishment of memorial to American Rangers at Fort Belvoir, 
Virginia. 
Sec. 2875. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Ha-
waii. 
Sec. 2876. Naming of health facility, Fort Rucker, Alabama. 
TITLE XXIX—ADDITIONAL WAR-RELATED AND EMERGENCY MILI-
TARY CONSTRUCTION AUTHORIZATIONS FOR FISCAL YEAR 2008 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Navy construction and land acquisition projects. 
Sec. 2903. Authorized Air Force construction and land acquisition projects. 
Sec. 2904. Authorized Defense Agencies construction and land acquisition 
projects. 
Sec. 2905. Termination of authority to carry out fiscal year 2008 Army 
projects for which funds were not appropriated. 
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 
AUTHORIZATIONS AND OTHER AUTHORIZATIONS 
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy security and assurance. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Utilization of international contributions to the Russian plutonium 
disposition program. 
Sec. 3112. Extension of deadline for Comptroller General report on Department 
of Energy protective force management. 
Sec. 3113. Enhancing nuclear forensics capabilities. 
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TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
TITLE XXXIV—NAVAL PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
TITLE XXXV—MARITIME ADMINISTRATION 
Sec. 3501. Authorization of appropriations for fiscal year 2009. 
Sec. 3502. Limitation on export of vessels owned by the Government of the 
United States for the purpose of dismantling, recycling, or 
scrapping. 
Sec. 3503. Student incentive payment agreements. 
Sec. 3504. Riding gang member requirements. 
Sec. 3505. Maintenance and Repair Reimbursement Program for the Maritime 
Security Fleet. 
Sec. 3506. Temporary program authorizing contracts with adjunct professors 
at the United States Merchant Marine Academy. 
DIVISION D—GOVERNMENTWIDE ACQUISITION IMPROVEMENTS 
Sec. 4001. Short title. 
TITLE XLI—ENHANCED COMPETITION 
Sec. 4101. Minimizing sole-source contracts. 
Sec. 4102. Limitation on length of certain noncompetitive contracts. 
Sec. 4103. Requirement for purchase of property and services pursuant to mul-
tiple award contracts. 
TITLE XLII—CURBING ABUSE-PRONE CONTRACTS 
Sec. 4201. Regulations to minimize the inappropriate use of cost-reimburse-
ment contracts. 
Sec. 4202. Preventing abuse of interagency contracts. 
Sec. 4203. Prohibitions on the use of lead systems integrators. 
Sec. 4204. Regulations on excessive pass-through charges. 
Sec. 4205. Linking of award and incentive fees to acquisition outcomes. 
Sec. 4206. Minimizing abuse of commercial services item authority. 
TITLE XLIII—ACQUISITION WORKFORCE 
Sec. 4301. Acquisition workforce development fund. 
Sec. 4302. Contingency contracting corps. 
TITLE XLIV—ANTI-FRAUD PROVISIONS 
Sec. 4401. Protection for contractor employees from reprisal for disclosure of 
certain information. 
Sec. 4402. Mandatory Fraud Reporting. 
Sec. 4403. Access of General Accounting Office to Contractor Employees. 
Sec. 4404. Preventing conflicts of interest. 
TITLE XLV—ENHANCED CONTRACT TRANSPARENCY 
Sec. 4501. Disclosure of CEO salaries. 
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Sec. 4502. Database for contracting officers and suspension and debarment of-
ficials. 
Sec. 4503. Review of database. 
Sec. 4504. Disclosure in applications. 
Sec. 4505. Role of interagency committee. 
Sec. 4506. Authorization of independent agencies. 
Sec. 4507. Authorization of appropriations. 
Sec. 4508. Report to Congress. 
Sec. 4509. Improvements to the Federal procurement data system. 
Sec. 4510. Protection of child custody arrangements for parents who are mem-
bers of the armed forces deployed in support of a contingency 
operation. 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ has the meaning given that term in sec-
tion 101(a)(16) of title 10, United States Code. 
DIVISION A—DEPARTMENT OF 
DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Sec. 105. National Guard and Reserve equipment. 
Sec. 106. Rapid Acquisition Fund. 
Subtitle B—Army Programs 
Sec. 111. Separate procurement line items for Future Combat Systems pro-
gram. 
Sec. 112. Restriction on contract awards for major elements of the Future 
Combat Systems program. 
Sec. 113. Restriction on obligation of funds for Army tactical radio pending re-
port. 
Sec. 114. Restriction on obligation of procurement funds for Armed Reconnais-
sance Helicopter program pending certification. 
Subtitle C—Navy Programs 
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 
Sec. 122. Applicability of previous teaming agreements for Virginia-class sub-
marine program. 
Sec. 123. Littoral Combat Ship (LCS) program. 
Sec. 124. Report on F/A–18 procurement costs, comparing multiyear to annual. 
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Subtitle D—Air Force Programs 
Sec. 131. Limitation on retiring C–5 aircraft. 
Sec. 132. Maintenance of retired KC–135E aircraft. 
Sec. 133. Repeal of multi-year contract authority for procurement of tanker 
aircraft. 
Sec. 134. Report on processes used for requirements development for KC–(X). 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Body armor acquisition strategy. 
Sec. 142. Small arms acquisition strategy and requirements review. 
Sec. 143. Requirement for common ground stations and payloads for manned 
and unmanned aerial vehicles. 
Sec. 144. Report on Future Jet carrier trainer Requirements of the Navy. 
Subtitle A—Authorization of 
Appropriations 
SEC. 101. ARMY. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for procurement for the Army as follows: 
(1) For aircraft, $4,912,735,000. 
(2) For missiles, $2,201,460,000. 
(3) For weapons and tracked combat vehicles, 
$3,539,177,000. 
(4) For ammunition, $2,294,791,000. 
(5) For other procurement, $11,201,876,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2009 for procurement for the Navy 
as follows: 
(1) For aircraft, $14,627,274,000. 
(2) For weapons, including missiles and tor-
pedoes, $3,575,482,000. 
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(3) 
For 
shipbuilding 
and 
conversion, 
$12,917,919,000. 
(4) For other procurement, $5,461,926,000. 
(b) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2009 for procurement for 
the Marine Corps in the amount of $1,296,327,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds 
are hereby authorized to be appropriated for fiscal year 
2009 for procurement of ammunition for the Navy and 
the Marine Corps in the amount of $1,122,712,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for procurement for the Air Force as fol-
lows: 
(1) For aircraft, $12,618,665,000. 
(2) For ammunition, $934,478,000. 
(3) For missiles, $5,536,728,000. 
(4) For other procurement, $16,134,896,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for Defense-wide procurement in the 
amount of $3,485,428,000. 
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for the procurement of aircraft, missiles, 
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on Army tactical radio fielding plans by March 30, 2009. 
This report shall include, at a minimum, the following: 
(1) A description of the Army tactical radio 
fielding strategy, including a description of the over-
all mix of tactical radio systems and how they inte-
grate to provide communications and network capa-
bility. 
(2) A detailed description of the current and fu-
ture mix of radios for Army infantry brigade combat 
teams, heavy brigade combat teams, Stryker brigade 
combat teams, and Future Combat Systems brigade 
combat teams. 
(3) A description of the current and future mix 
of radios for Army support brigades, headquarters 
elements, and training base. 
(4) A description of the Army’s plan to inte-
grate joint tactical radio system radios, including the 
number of each type of joint tactical radio the Army 
plans to procure. 
(5) An assessment of the total cost of the 
Army’s tactical radio fielding strategy, including fu-
ture procurement of joint tactical radio systems. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PEND-
ING REPORT.—Of the amounts appropriated pursuant to 
an authorization of appropriations in this Act or otherwise 
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made available for fiscal year 2009 for Other Procure-
ment, Army, for tactical radio systems, not more than 75 
percent may be obligated or expended until 30 days after 
the report required by subsection (a) is received by the 
congressional defense committees. 
SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT 
FUNDS FOR ARMED RECONNAISSANCE HELI-
COPTER 
PROGRAM 
PENDING 
CERTIFI-
CATION. 
(a) CERTIFICATION REQUIRED.—The Under Sec-
retary of Defense for Acquisition, Technology, and Logis-
tics shall certify to the congressional defense committees 
that the Army Reconnaissance Helicopter has— 
(1) satisfactorily completed a Limited User 
Test; and 
(2) been approved to enter Milestone C. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PEND-
ING CERTIFICATION.—Of the amounts appropriated pur-
suant to an authorization of appropriations in this Act or 
otherwise made available for fiscal year 2009 for aircraft 
procurement, Army, for the Armed Reconnaissance Heli-
copter, not more than 20 percent may be obligated until 
30 days after the certification required by subsection (a) 
is received by the congressional defense committees. 
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Subtitle C—Navy Programs 
SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE 
U.S.S. THEODORE ROOSEVELT. 
(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.— 
Of the amount appropriated pursuant to the authorization 
of appropriations in section 102 or otherwise made avail-
able for shipbuilding, conversion, and repair, Navy, for fis-
cal year 2009, $124,500,000 is available for the com-
mencement of the nuclear refueling and complex overhaul 
of the U.S.S. Theodore Roosevelt (CVN–71) during fiscal 
year 2009. The amount made available in the preceding 
sentence is the first increment in the three-year funding 
planned for the nuclear refueling and complex overhaul of 
that vessel. 
(b) CONTRACT AUTHORITY.—The Secretary of the 
Navy is authorized to enter into a contract during fiscal 
year 2009 for the nuclear refueling and overhaul of the 
U.S.S. Theodore Roosevelt (CVN–71). 
(c) CONDITION
FOR OUT-YEAR CONTRACT PAY-
MENTS.—A contract entered into under subsection (b) 
shall provide that any obligation of the United States to 
make a payment under the contract for a fiscal year after 
fiscal year 2009 is subject to the availability of appropria-
tions for that purpose for that later fiscal year. 
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SEC. 122. APPLICABILITY OF PREVIOUS TEAMING AGREE-
MENTS 
FOR 
VIRGINIA-CLASS 
SUBMARINE 
PROGRAM. 
Section 121 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181) is amend-
ed in subsection (b)— 
(1) in paragraph (1) by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) the Secretary submits to the congressional 
defense committees a certification that the contract 
will be awarded to either the General Dynamics 
Electric Boat Division or the Northrop Grumman 
Newport News Shipbuilding Division, with the other 
contractor as the primary subcontractor to the con-
tract, in accordance with the Team Agreement be-
tween the two companies, dated February 16, 1997, 
which was submitted to the Congress on March 31, 
1997.’’. 
SEC. 123. LITTORAL COMBAT SHIP (LCS) PROGRAM. 
Section 124 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
3157), as amended by section 125 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110– 
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181; 122 Stat. 29), is amended in subsection (d) by add-
ing at the end the following: 
‘‘(3) The amounts of increases or decreases in 
costs attributable to economic inflation after Sep-
tember 30, 2007. However, in the case of a vessel 
the procurement of which is funded from amounts 
appropriated pursuant to an authorization of appro-
priations or otherwise made available for fiscal year 
2008 or 2009, the amount of such an increase for 
such a vessel may not exceed $10,000,000. 
‘‘(4) The amounts of increases or decreases in 
costs of that vessel that are attributable to insertion 
of new technology into that vessel, as compared to 
the technology built into the first and second vessels, 
respectively, of the Littoral Combat Ship (LCS) 
class of vessels. However, the Secretary of the Navy 
may make an adjustment under this paragraph only 
if— 
‘‘(A) the Secretary of the Navy determines, 
and certifies to the congressional defense com-
mittees, that insertion of the new technology 
would lower the life-cycle cost of the vessel; or 
‘‘(B)(i) the Secretary of the Navy deter-
mines, and certifies to the congressional defense 
committees, that insertion of the new tech-
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nology is required to meet an emerging threat; 
and 
‘‘(ii) the Secretary of Defense certifies to 
those committees that such threat poses grave 
harm to national security.’’. 
SEC. 124. REPORT ON F/A–18 PROCUREMENT COSTS, COM-
PARING MULTIYEAR TO ANNUAL. 
(a) IN GENERAL.—Not later than March 1, 2009, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report on F/A–18 procurement. The 
report shall include the following: 
(1) The number of F/A–18E/F and EA–18G 
aircraft programmed for procurement for fiscal 
years 2010 through 2015. 
(2) The estimated procurement costs for those 
aircraft, if procured through annual procurement 
contracts. 
(3) The estimated procurement costs for those 
aircraft, if procured through a multiyear procure-
ment contract. 
(4) The estimated savings that could be derived 
from the procurement of those aircraft through a 
multiyear procurement contract, and whether the 
Secretary considers the amount of those savings to 
be substantial. 
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(5) A discussion comparing the costs and bene-
fits of obtaining those aircraft through annual pro-
curement contracts with the costs and benefits of ob-
taining those aircraft through a multiyear procure-
ment contract. 
(6) The recommendations of the Secretary as to 
whether Congress should authorize a multiyear pro-
curement contract for those aircraft. 
(b) CERTIFICATIONS REQUIRED.—Should the Sec-
retary recommend under subsection (a)(6) that Congress 
authorize a multiyear procurement contract for the air-
craft, the Secretary shall accompany the recommendation 
with the certifications required by section 2306b of title 
10, United States Code, so as to enable to award of a 
multiyear procurement contract beginning with fiscal year 
2010. 
(c) FUNDING.—Subject to the availability of appro-
priations, the Secretary of the Navy may obligate up to 
$100,000,000 of the amount authorized for procurement 
of F/A–18E/F or EA–18G aircraft for cost reduction ini-
tiatives (CRI) in fiscal year 2009. Such CRI funding may 
be applied to either single year or multiyear procurements 
of F/A–18 aircraft. 
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Subtitle D—Air Force Programs 
SEC. 131. LIMITATION ON RETIRING C–5 AIRCRAFT. 
(a) CERTIFICATION
AND
COST
ANALYSIS
RE-
QUIRED.—The Secretary of the Air Force may not retire 
C–5A aircraft from the inventory of the Air Force in any 
number that would reduce the total number of such air-
craft in the inventory below 111 until 45 days after the 
Secretary of the Air Force submits to the congressional 
defense committees the following: 
(1) The Secretary’s certification that retiring 
the aircraft will not significantly increase operational 
risk of not meeting the National Defense Strategy. 
(2) A cost analysis with respect to the aircraft 
to be retired that— 
(A) evaluates which alternative is more ef-
fective in meeting strategic airlift mobility re-
quirements— 
(i) to retire the aircraft; or 
(ii) to perform the Reliability En-
hancement 
and 
Re-engining 
Program 
(RERP) on the aircraft; and 
(B) evaluates the life-cycle cost of C–17 
aircraft to replace the capability of the aircraft 
to be retired. 
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(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; 
(C) testing; 
(D) procurement; 
(E) production; 
(F) production termination; 
(G) operations; 
(H) training; 
(I) maintenance; 
(J) sustainment; 
(K) military construction; 
(L) personnel; 
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(M) cost of replacement due to attrition; 
and 
(N) disposal. 
(4) The cost analysis shall include each of the 
following: 
(A) An assessment of the quality of each 
cost analysis. 
(B) A discussion of each of the following: 
(i) The assumptions used. 
(ii) The benefits to be realized from 
each alternative. 
(iii) Adverse impacts to be realized 
from each alternative. 
(iv) Cargo capacity, operational avail-
ability, departure reliability, and mission 
capability. 
(v) Aircraft basing. 
(vi) Aircrew ratios and associated 
training requirements. 
(vii) Performing RERP on only C–5B 
and C–5C aircraft. 
(C) A summary table that compares and 
contrasts each alternative with respect to each 
of the requirements of this subsection. 
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(c) CONFORMING REPEAL.—Section 132 of the Na-
tional Defense Authorization Act for Fiscal Year 2004 
(Public Law 108–136; 117 Stat. 1411) is repealed. 
SEC. 132. MAINTENANCE OF RETIRED KC–135E AIRCRAFT. 
Section 135(b) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2114) is amended by striking ‘‘each KC– 
135E aircraft that is retired’’ and inserting ‘‘at least 46 
of the KC–135E aircraft retired’’. 
SEC. 133. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY 
FOR PROCUREMENT OF TANKER AIRCRAFT. 
Section 135 of the National Defense Authorization 
Act for Fiscal Year 2004 (10 U.S.C. 2401a note) is re-
pealed. 
SEC. 134. REPORT ON PROCESSES USED FOR REQUIRE-
MENTS DEVELOPMENT FOR KC–(X). 
Not later than December 1, 2008, the Secretary of 
the Air Force shall submit to the congressional defense 
committees a report on the processes used for require-
ments development for the KC–(X). The report shall in-
clude— 
(1) an examination of the processes by which 
KC–(X) requirements were established; 
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(2) a justification for the use of the KC–135R 
as the comparative baseline for the KC–(X) competi-
tion; and 
(3) an evaluation of commercial derivative air-
craft in the 750,000 pounds maximum gross take-off 
weight to 1,000,000 pounds maximum gross take-off 
weight range as a potential aerial refueling platform, 
which shall include an examination of pertinent aer-
ial refueling capabilities such as range, offload at 
range, and passenger/cargo capacity. 
Subtitle E—Joint and Multiservice 
Matters 
SEC. 141. BODY ARMOR ACQUISITION STRATEGY. 
(a) EXECUTIVE AGENT.—The Secretary of Defense 
shall designate an executive agent for procurement of body 
armor and associated components. 
(b) SEPARATE PROCUREMENT LINE ITEMS.—Effec-
tive for fiscal year 2010 and for each fiscal year there-
after, the Secretary of Defense shall ensure that, within 
each procurement account budget submission to the Presi-
dent, a separate, dedicated procurement line item is des-
ignated for procurement of body armor and associated 
components. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Under Secretary of De-
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fense for Acquisition, Technology, and Logistics shall sub-
mit to the congressional defense committees a report 
that— 
(1) identifies the critical industrial base capac-
ity for body armor, to include all tiers of subcon-
tractor suppliers; 
(2) contains a plan for the long-term mainte-
nance of this industrial base capacity; and 
(3) identifies specific research and development 
objectives, priorities, and funding profiles for— 
(A) advances in the level of protection; 
(B) weight reduction; and 
(C) manufacturing productivity. 
SEC. 142. SMALL ARMS ACQUISITION STRATEGY AND RE-
QUIREMENTS REVIEW. 
(a) GAO AUDIT
AND REPORT.—The Comptroller 
General of the United States shall audit the requirements 
generation process of the Department of Defense for small 
arms procurement to determine if there are statutory or 
regulatory barriers to developing a small arms procure-
ment requirement. Not later than October 1, 2009, the 
Comptroller General shall submit to the congressional de-
fense committees a report on the results of the audit. 
(b) SECRETARY OF DEFENSE REPORT.—Not later 
than 120 days after the date of the enactment of this Act, 
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the Secretary of Defense shall submit to the congressional 
defense committees a comprehensive report on the small 
arms industrial base. The report shall include the fol-
lowing: 
(1) The current inventory, acquisition objective, 
operational, and budgetary status of current small 
arms programs, to include pistols, carbines, rifles, 
light, medium, and heavy machine guns. 
(2) A plan for a joint acquisition strategy for 
small arms modernization, with emphasis on a pos-
sible near term competition for a new pistol and car-
bine. 
(3) An analysis of current small arms research 
and development programs. 
(4) An analysis of current small arms capability 
gap assessments that have been finalized or are 
being pursued. 
(c) DEFINITION.—In this section, the term ‘‘small 
arms’’— 
(1) means man portable or vehicle mounted 
light weapons, designed primarily for use by indi-
vidual military personnel for anti-personnel use; and 
(2) includes pistols, carbines, rifles, and light, 
medium, and heavy machine guns. 
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SEC. 143. REQUIREMENT FOR COMMON GROUND STATIONS 
AND 
PAYLOADS 
FOR 
MANNED 
AND 
UN-
MANNED AERIAL VEHICLES. 
(a) POLICY REQUIRED.—The Secretary of Defense 
shall establish a policy and an acquisition strategy for in-
telligence, surveillance, and reconnaissance payloads and 
ground stations for manned and unmanned aerial vehicle 
systems, to be applicable throughout the Department of 
Defense, to achieve integrated research, development, test, 
and evaluation, and procurement commonality. 
(b) OBJECTIVES.—The policy and acquisition strat-
egy required by subsection (a) shall have the following ob-
jectives: 
(1) Procurement of common payloads by vehicle 
class, including— 
(A) signals intelligence; 
(B) electro optical; 
(C) synthetic aperture radar; 
(D) ground moving target indicator; 
(E) conventional explosive detection; 
(F) foliage penetrating radar; 
(G) laser designator; 
(H) chemical, biological, radiological, nu-
clear, explosive detection; and 
(I) national airspace operations avionics or 
sensors, or both. 
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(2) Commonality of ground systems by vehicle 
class. 
(3) Common management of vehicle and pay-
loads procurement. 
(4) Ground station interoperability standardiza-
tion. 
(5) Open source software code. 
(6) Acquisition of technical data rights in ac-
cordance with section 2320 of title 10, United States 
Code. 
(7) Acquisition of vehicles, payloads, and 
ground stations through competitive procurement. 
(c) AFFECTED SYSTEMS.—For the purposes of this 
section, the manned and unmanned aerial vehicle classes 
and types of manned and unmanned aerial vehicles within 
each class are as follows: 
(1) Tier II class: Vehicles such as Silver Fox 
and Scan Eagle. 
(2) Tactical class: Vehicles such as RQ–7. 
(3) Medium altitude class: Vehicles such as 
MQ–1, MQ–1C, MQ–5, MQ–8, MQ–9, and Warrior 
Alpha. 
(4) High Altitude class: Vehicles such as RQ– 
4, RQ–4N, Unmanned airship systems, Constant 
Hawk, Angel Fire, Special Project Aircraft, Aerial 
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Common Sensor, EP–3, Scathe View, Compass Call, 
and Rivet Joint. 
(d) CONSULTATION.—The Secretary shall develop the 
policy and acquisition strategy required by subsection (a) 
in consultation with the Chairman of the Joint Chiefs of 
Staff. 
(e) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees, the Permanent 
Select Committee on Intelligence of the House of Rep-
resentatives, and the Select Committee on Intelligence of 
the Senate a report containing— 
(1) the policy required by subsection (a); and 
(2) the acquisition strategy required by sub-
section (a). 
SEC. 144. REPORT ON FUTURE JET CARRIER TRAINER RE-
QUIREMENTS OF THE NAVY. 
Not later than 120 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall submit 
to the congressional defense committees a report on future 
jet carrier trainer requirements. The report shall in-
clude— 
(1) an assessment of the Navy Strategic Plan-
ning Study concerning future jet carrier trainer re-
quirements; 
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(2) an assessment of studies conducted by inde-
pendent organizations concerning future jet carrier 
trainer requirements; 
(3) a cost-benefit analysis of creating a new 
program to fulfill future jet carrier trainer require-
ments; 
(4) a cost-benefit analysis of modifying current 
programs to fulfill future jet carrier trainer require-
ments; and 
(5) a plan to address future jet carrier trainer 
requirements beginning fiscal year 2010. 
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Additional determinations to be made as part of Future Combat Sys-
tems milestone review. 
Sec. 212. Analysis of Future Combat Systems communications network and 
software. 
Sec. 213. Future Combat Systems manned ground vehicle selected acquisition 
reports. 
Sec. 214. Separate procurement and research, development, test, and evaluation 
line items and program elements for Sky Warrior Unmanned 
Aerial Systems project. 
Sec. 215. Restriction on obligation of funds for the Warfighter Information 
Network—Tactical program. 
Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft ex-
penditures. 
Subtitle C—Missile Defense Programs 
Sec. 221. Independent study of boost phase missile defense. 
Sec. 222. Limitation on availability of funds for procurement, construction, and 
deployment of missile defenses in Europe. 
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Subtitle D—Other Matters 
Sec. 231. Oversight of testing of personnel protective equipment by Director, 
Operational Test and Evaluation. 
Sec. 232. Assessment of the Historically Black Colleges and Universities and 
Minority Serving Institutions Program. 
Sec. 233. Technology-neutral information technology guidelines and standards 
to support fully interoperable electronic personal health infor-
mation for the Department of Defense and Department of Vet-
erans Affairs. 
Sec. 234. Repeal of requirement for Technology Transition Initiative. 
Sec. 235. Trusted defense systems. 
Sec. 236. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar 
system pending submission of report. 
Sec. 237. Capabilities-based assessment to outline a joint approach for future 
development of vertical lift aircraft and rotorcraft. 
Sec. 238. Availability of funds for prompt global strike capability development. 
Sec. 239. Visiting NIH Senior Neuroscience Fellowship Program. 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2009 for the use of the Department of Defense 
for research, development, test, and evaluation as follows: 
(1) For the Army, $10,688,695,000. 
(2) For the Navy, $19,764,738,000. 
(3) For the Air Force, $28,238,349,000. 
(4) 
For 
Defense-wide 
activities, 
$21,033,651,000, of which $188,772,000 is author-
ized for the Director of Operational Test and Eval-
uation. 
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH-
NOLOGY. 
(a) FISCAL YEAR 2009.—Of the amounts authorized 
to be appropriated by section 201, $12,059,915,000 shall 
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be available for the Defense Science and Technology Pro-
gram, including basic research, applied research, and ad-
vanced technology development projects. 
(b) BASIC RESEARCH, APPLIED RESEARCH, AND AD-
VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For 
purposes of this section, the term ‘‘basic research, applied 
research, and advanced technology development’’ means 
work funded in program elements for defense research and 
development under Department of Defense budget activity 
1, 2, or 3. 
Subtitle 
B—Program 
Require-
ments, Restrictions, and Limita-
tions 
SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS 
PART OF FUTURE COMBAT SYSTEMS MILE-
STONE REVIEW. 
Section 214(b) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2123) is amended by striking paragraphs 
(4) through (6) and inserting the following: 
‘‘(4) Whether actual demonstrations, rather 
than simulations, have shown that the software for 
the program is on a path to achieve threshold re-
quirements on cost and schedule. 
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‘‘(5) Whether the program’s planned major 
communications network demonstrations are suffi-
ciently complex and realistic to inform major pro-
gram decision points. 
‘‘(6) The extent to which Future Combat Sys-
tems manned ground vehicle survivability will be re-
duced in a degraded Future Combat Systems com-
munications network environment. 
‘‘(7) The level of network degradation at which 
Future Combat Systems manned ground vehicle 
crew survivability is significantly reduced. 
‘‘(8) The extent to which the Future Combat 
Systems communications network will be able to 
withstand network attack, jamming, or other inter-
ference. 
‘‘(9) What the cost estimate for the program is, 
including all spin outs, and an assessment of the 
confidence level for that estimate. 
‘‘(10) What the affordability assessment for the 
program is, given projected Army budgets, based on 
that cost estimate.’’. 
SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMU-
NICATIONS NETWORK AND SOFTWARE. 
(a) REPORT REQUIRED.—Not later than July 1, 
2009, the Assistant Secretary of Defense, Networks and 
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Information Integration, shall submit to the congressional 
defense committees a report providing an assessment of 
the Future Combat Systems communications network and 
software. This report shall include, at a minimum, the fol-
lowing: 
(1) An assessment of the vulnerability of the 
Future Combat Systems communications network 
and software to enemy network attack, in particular 
the impact of the use of significant amounts of com-
mercial software in Future Combat Systems soft-
ware. 
(2) An assessment of the vulnerability of the 
Future Combat Systems communications network to 
electronic warfare, jamming, and other potential 
enemy interference. 
(3) An assessment of the vulnerability of the 
Future Combat Systems communications network to 
adverse weather and complex terrain. 
(4) An assessment of the Future Combat Sys-
tems communication network’s dependence on sat-
ellite communications support, and an assessment of 
the network’s performance in the absence of as-
sumed levels of satellite communications support. 
(5) An assessment of the performance of the 
Future Combat Systems communications network 
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when operating in a degraded condition due to the 
factors analyzed in paragraphs (1), (2), (3), and (4), 
and how such a degraded network environment 
would impact the performance of Future Combat 
Systems brigades and the survivability of Future 
Combat Systems manned ground vehicles. 
(b) INCLUSION OF CLASSIFIED ANNEX.—The report 
required by subsection (a) may include a classified annex 
at the discretion of the Assistant Secretary, for the pur-
pose of providing the assessments required, or to provide 
additional supporting information. 
SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VE-
HICLE SELECTED ACQUISITION REPORTS. 
(a) REPORT REQUIRED.—For each of the years 2009 
through 2015, the Secretary of the Army shall, not later 
than February 15 of the year, submit a selected acquisi-
tion report for each Future Combat Systems manned 
ground vehicle variant. 
(b) REQUIRED ELEMENTS.—The reports required by 
subsection (a) shall include the same information required 
in comprehensive annual selected acquisition reports for 
major defense acquisition as defined in section 2432(c) of 
title 10, United States Code. 
(c) DEFINITION.—In this section, the term ‘‘manned 
ground vehicle variant’’ includes the eight distinct variants 
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of manned ground vehicle designated on pages seven and 
eight of the Future Combat Systems selected acquisition 
report of the Department of Defense dated December 31, 
2007, and any additional manned ground vehicle variants 
designated in Future Combat Systems acquisition reports 
of the Department of Defense after the date of the enact-
ment of this Act. 
SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DE-
VELOPMENT, TEST, AND EVALUATION LINE 
ITEMS AND PROGRAM ELEMENTS FOR SKY 
WARRIOR 
UNMANNED 
AERIAL 
SYSTEMS 
PROJECT. 
Effective for fiscal year 2010 and for each fiscal year 
thereafter, the Secretary of Defense shall ensure that, in 
the Department of Defense’s annual budget submission to 
the President, within both the account for procurement 
and the account for research, development, test, and eval-
uation, a separate, dedicated line item and program ele-
ment is designated for the Sky Warrior Unmanned Aerial 
Systems project, to the extent such accounts include fund-
ing for such project. 
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SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR 
THE 
WARFIGHTER 
INFORMATION 
NET-
WORK—TACTICAL PROGRAM. 
(a) NOTIFICATION
REQUIRED.—The Under Sec-
retary of Defense for Acquisition, Technology, and Logis-
tics shall notify the congressional defense committees 
within five days after the completion of all of the following 
actions: 
(1) Approval by the Under Secretary of a new 
acquisition program baseline for the Warfighter In-
formation Network-Tactical (WIN–T) Increment 3 
program. 
(2) Completion of the independent cost estimate 
for the WIN–T Increment 3 program by the Cost 
Analysis Improvement Group, as required by the 
June 5, 2007 recertification by the Under Secretary. 
(3) Completion of the technology readiness as-
sessment of the WIN–T Increment 3 program by the 
Director, Defense Research and Engineering, as re-
quired by the June 5, 2007 recertification by the 
Under Secretary. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PEND-
ING NOTIFICATION.—Of the amounts appropriated pursu-
ant to an authorization of appropriations in this Act or 
otherwise made available for research, development, test, 
and evaluation, Army, for fiscal year 2009 for the WIN– 
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T Increment 3 program, not more than 20 percent of 
those amounts may be obligated or expended until 15 days 
after the notification required by subsection (a) is received 
by the congressional defense committees. 
SEC. 216. LIMITATION ON SOURCE OF FUNDS FOR CERTAIN 
JOINT CARGO AIRCRAFT EXPENDITURES. 
Of the amounts appropriated pursuant to an author-
ization of appropriations in this Act or otherwise made 
available for fiscal year 2009 or any fiscal year thereafter 
for the Army, the Secretary of the Army may fund the 
following Joint Cargo Aircraft expenditures only through 
amounts made available for procurement or for research, 
development, test, and evaluation: support equipment, ini-
tial spares, training simulators, systems engineering and 
management, and post-production modifications. 
Subtitle C—Missile Defense 
Programs 
SEC. 221. INDEPENDENT STUDY OF BOOST PHASE MISSILE 
DEFENSE. 
(a) AGREEMENT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall enter into an agreement with a Federally 
Funded Research and Development Center to conduct an 
independent study of concepts and systems for boost phase 
missile defense. 
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(b) REQUIREMENTS FOR STUDY.— 
(1) SYSTEMS TO BE EXAMINED.—The study re-
quired by subsection (a) shall examine each of the 
following systems: 
(A) The Airborne Laser. 
(B) The Kinetic Energy Interceptor (land- 
and sea-based options). 
(2) FACTORS TO BE EVALUATED.—The study 
shall evaluate each system based on the following 
factors: 
(A) Technical capability of the system 
against 
scenarios 
identified 
in 
paragraph 
(3)(A). 
(B) Operational issues, including oper-
ational effectiveness. 
(C) Results of key milestone tests in fiscal 
year 2009 and fiscal years prior. 
(D) Survivability. 
(E) Suitability. 
(F) Concept-of-Operations, including bas-
ing considerations. 
(G) Operations and maintenance support. 
(H) Command-and-Control. 
(I) Shortfall from intercepts. 
(J) Force structure requirements. 
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(K) Effectiveness against countermeasures. 
(L) Estimated cost of sustaining the sys-
tem in the field. 
(M) Total lifecycle cost estimates. 
(3) SCENARIOS TO BE ASSESSED.— 
(A) IN
GENERAL.—The study shall in-
clude, for each system, an assessment of the 
operational capabilities of the system— 
(i) to counter short-, medium-, and in-
termediate-range ballistic missile threats to 
the deployed forces of the United States 
and its friends and allies from rogue 
states; and 
(ii) to defend the territory of the 
United States against limited ballistic mis-
sile attack. 
(B) COMPARISON
WITH
NON-BOOST
SYS-
TEMS.—The study shall also include an assess-
ment of the performance and operational capa-
bilities of non-boost missile defense systems to 
counter the threats referred to in subparagraph 
(A), and shall compare those capabilities with 
the predicted performance and operational ca-
pabilities of the boost phase missile defense sys-
tems to counter those threats. For purposes of 
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this subparagraph, the non-boost missile de-
fense systems shall include, at a minimum— 
(i) the Patriot PAC–3 system and the 
Medium Extended Air Defense System 
(MEADS) follow-on system; 
(ii) the Aegis Ballistic Missile Defense 
system, with all variants of the Standard 
Missile-3 interceptor; 
(iii) the Terminal High Altitude Area 
Defense (THAAD) system; and 
(iv) the Ground-based Midcourse De-
fense system. 
(4) ASSESSMENTS AND RECOMMENDATIONS.— 
The study shall include the following: 
(A) Assessment of the developmental ef-
forts to date and feasibility of the currently 
funded boost phase missile defense systems, 
using the factors outlined in paragraph (2). 
(B) Assessment of the cost and benefits of 
the currently funded boost phase missile de-
fense systems. 
(C) A recommended strategy for boost 
phase missile defense investment over the Fu-
ture Years Defense Program. 
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(D) Any other matter that the Federally 
Funded Research and Development Center con-
siders appropriate. 
(c) COOPERATION FROM GOVERNMENT.—In carrying 
out the study, the Federally Funded Research and Devel-
opment Center shall receive the full and timely cooperation 
of the Secretary of Defense and any other United States 
Government official in providing the Center with analyses, 
briefings, and other information necessary for the fulfill-
ment of its responsibilities. 
(d) REPORT.—Not later than January 31, 2010, the 
Federally Funded Research and Development Center shall 
submit to the congressional defense committees a report 
on its findings, conclusions, and recommendations. The re-
port shall be in unclassified form, but may include a classi-
fied annex. 
(e) PROHIBITION.—No funds appropriated pursuant 
to an authorization of appropriations in this Act or other-
wise made available for fiscal year 2009 or any fiscal year 
thereafter may be obligated or expended for the acquisi-
tion of the second Airborne Laser aircraft until 60 days 
after the report required by this section is submitted. 
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SEC. 222. LIMITATION ON AVAILABILITY OF FUNDS FOR 
PROCUREMENT, CONSTRUCTION, AND DE-
PLOYMENT OF MISSILE DEFENSES IN EU-
ROPE. 
(a) GENERAL LIMITATION.—No funds authorized to 
be appropriated by this Act or otherwise made available 
for the Department of Defense for fiscal year 2009 or any 
fiscal year thereafter may be obligated or expended for 
procurement, site activation, construction, preparation of 
equipment for, or deployment of a long-range missile de-
fense system in Europe until the following conditions have 
been met: 
(1) The Government of Poland and the Govern-
ment of the Czech Republic have each signed and 
ratified the missile defense basing agreements and 
status of forces agreements that allow for the sta-
tioning, in their respective countries, of the United 
States missile defense assets and personnel needed 
to carry out the proposed deployment. 
(2) Forty-five days have elapsed following the 
receipt by the congressional defense committees of 
the report required by section 226(c)(6) of the Na-
tional Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181). 
(b) ADDITIONAL LIMITATION.—In addition to the 
limitation in subsection (a), no funds authorized to be ap-
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propriated by this Act or otherwise made available for the 
Department of Defense for fiscal year 2009 may be obli-
gated or expended for the acquisition or deployment of 
operational missiles of a long-range missile defense system 
in Europe until the Secretary of Defense, after receiving 
the views of the Director of Operational Test and Evalua-
tion, submits to the congressional defense committees a 
report certifying that the proposed interceptor to be de-
ployed as part of such missile defense system has dem-
onstrated, through successful, operationally realistic flight 
testing, a high probability of working in an operationally 
effective manner and the ability to accomplish the mission. 
(c) CONSTRUCTION.—Nothing in this section shall be 
construed to limit continuing obligation and expenditure 
of funds for missile defense, including for research and 
development and for other activities not otherwise limited 
by subsection (a) or (b), including, but not limited to, site 
surveys, studies, analysis, and planning and design for the 
proposed missile defense deployment in Europe. 
Subtitle D—Other Matters 
SEC. 231. OVERSIGHT OF TESTING OF PERSONNEL PROTEC-
TIVE 
EQUIPMENT 
BY 
DIRECTOR, 
OPER-
ATIONAL TEST AND EVALUATION. 
(a) RESPONSIBILITIES OF THE DIRECTOR, OPER-
ATIONAL TEST AND EVALUATION, WITH RESPECT TO 
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PERSONNEL PROTECTIVE EQUIPMENT.—Section 139 of 
title 10, United States Code, is amended— 
(1) in subsection (a)(2) by adding at the end 
the following: 
‘‘(C) The term ‘covered system’ means a 
Department of Defense acquisition program 
that is a covered system for purposes of section 
2366 of this title or that is an item of personnel 
protective equipment designated as a covered 
system by the Secretary of Defense, or the Sec-
retary’s designee, for purposes of this section.’’; 
and 
(2) in subsection (b)— 
(A) by striking paragraph (3); 
(B) 
by 
redesignating 
paragraphs 
(4) 
through (7) as (3) through (6), respectively; 
and 
(C) by amending paragraph (6) (as so re-
designated) to read as follows: 
‘‘(6) monitor and review the survivability and 
lethality testing of covered systems, major munition 
programs, and covered product improvement pro-
grams of the Department of Defense provided under 
section 2366 of this title.’’. 
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(b) INCLUSION OF PERSONNEL PROTECTIVE EQUIP-
MENT IN SURVIVABILITY TESTING REQUIRED BEFORE 
FULL-SCALE PRODUCTION.—Section 2366 of title 10, 
United States Code, is amended— 
(1) in subsection (e) by amending paragraph 
(1) to read as follows: 
‘‘(1) The term ‘covered system’ means— 
‘‘(A) a vehicle, weapon platform, or con-
ventional weapon system— 
‘‘(i) that includes features designed to 
provide some degree of protection to users 
in combat; and 
‘‘(ii) that is a major system within the 
meaning of that term in section 2302(5) of 
this title; or 
‘‘(B) an item of personnel protective equip-
ment designated as a covered system in accord-
ance with section 139(a)(2)(C) of this title.’’; 
and 
(2) by adding at the end the following: 
‘‘(f) PERSONNEL PROTECTIVE EQUIPMENT.—In the 
case of an item of personnel protective equipment des-
ignated as a covered system, if, before a decision to pro-
ceed beyond low rate initial production, a decision is made 
within the Department of Defense to proceed to oper-
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ational use of that equipment or to make procurement 
funds available for that equipment— 
‘‘(1) the milestone decision authority (as de-
fined in Department of Defense Directive 5000.1, 
dated May 12, 2003) for the associated acquisition 
program shall notify the Director of Operational 
Test and Evaluation of such a decision, along with 
supporting rationale; and 
‘‘(2) the Director of Operational Test and Eval-
uation shall submit to the Secretary of Defense and 
the congressional defense committees the report re-
quired by subsection (d) as soon as practicable.’’. 
SEC. 232. ASSESSMENT OF THE HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES AND MINORITY 
SERVING INSTITUTIONS PROGRAM. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense shall— 
(1) carry out an assessment of the capability of 
Historically Black Colleges and Universities and Mi-
nority Serving Institutions (HBCU/MI) to partici-
pate in research, development, test, and evaluation 
programs for the Department of Defense; and 
(2) not later than twelve months after the date 
of the enactment of this Act, submit to the congres-
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sional defense committees a report on the assess-
ment. 
(b) MATTERS ASSESSED.—The report under sub-
section (a) shall include the following: 
(1) Summarized findings and lessons learned 
from HBCU/MI programs based on contracts, 
grants, or cooperative agreement awards. 
(2) An assessment of the relevance, to include 
outcomes and impacts, of those programs to the re-
search mission of the Department. 
(3) An assessment of the national and regional 
conferences held annually to provide technical assist-
ance and information regarding research, develop-
ment, test, and evaluation activities of the Depart-
ment, including the following: 
(A) The number of such conferences held 
over the last three years, and a description of 
each such conference, to include a description of 
activities conducted to meet the goals of the 
conference. 
(B) A follow-up assessment of the success 
of such conferences from the perspective both of 
the Department and of the attending institu-
tions. 
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