Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
PL 110-417 (S.3001), enacted 10/14/2008

122 STAT. 4356 
PUBLIC LAW 110–417—OCT. 14, 2008 
Public Law 110–417 
110th Congress 
An Act 
To authorize appropriations for fiscal year 2009 for military activities of the Depart-
ment of Defense, for military construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS; SENSE OF CONGRESS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009’’. 
(b) FINDINGS.—Congress makes the following findings: 
(1) Representative Duncan Hunter was elected to serve 
northern and eastern San Diego in 1980 and served in the 
House of Representatives until the end of the 110th Congress 
in 2009, representing the people of California’s 52d Congres-
sional district. 
(2) Previous to his service in Congress, Representative 
Hunter served in the Army’s 173rd Airborne and 75th Ranger 
Regiment from 1969 to 1971. 
(3) During the Vietnam conflict, Representative Hunter’s 
distinguished service was recognized by the award of the Bronze 
Star and Air Medal, as well as the National Defense Service 
Medal and the Vietnam Service Medal. 
(4) Representative Hunter served on the Committee on 
Armed Services of the House of Representatives for 28 years, 
including service as Chairman of the Subcommittee on Military 
Research and Development from 2001 through 2002 and the 
Subcommittee on Military Procurement from 1995 through 
2000, the Chairman of the full committee from 2003 through 
2006, and the ranking member of the full committee from 
2007 through 2008. 
(5) Representative Hunter has persistently advocated for 
a more efficient military organization on behalf of the American 
people, to ensure maximum war-fighting capability and troop 
safety. 
(6) Representative Hunter is known by his colleagues to 
put the security of the Nation above all else and to provide 
for the men and women in uniform who valiantly dedicate 
and sacrifice themselves for the protection of the Nation. 
(7) Representative Hunter has demonstrated this devotion 
to the troops by working to authorize and ensure quick deploy-
ment of add-on vehicle armor and improvised explosive device 
jammers, which have been invaluable in protecting the troops 
from attack in Iraq. 
Duncan Hunter 
National Defense 
Authorization 
Act for Fiscal 
Year 2009. 
Oct. 14, 2008 
[S. 3001] 
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122 STAT. 4357 
PUBLIC LAW 110–417—OCT. 14, 2008 
(8) Representative Hunter worked to increase the size of 
the U.S. Armed Forces, which resulted in significant increases 
in the size of the Army and Marine Corps. 
(9) Representative Hunter has been a leader in ensuring 
sufficient force structure and end-strength, including through 
the 2006 Committee Defense Review, to meet any challenges 
to the Nation. His efforts to increase the size of the Army 
and Marine Corps contributed to the enactment by the Congress 
and the subsequent implementation by the Administration of 
the larger forces. 
(10) Representative Hunter is a leading advocate for 
securing America’s borders. 
(11) Representative Hunter led efforts to strengthen the 
United States Industrial Base by working to enact legislation 
that ensures that the national industrial base will be able 
to design and manufacture those products critical to America’s 
national security. 
(c) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Honorable Duncan Hunter, Representative from California, has 
discharged his official duties with integrity and distinction, has 
served the House of Representatives and the American people self-
lessly, and deserves the sincere and humble gratitude of Congress 
and the Nation. 
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into three divisions as 
follows: 
(1) Division A—Department of Defense Authorizations. 
(2) Division B—Military Construction Authorizations. 
(3) Division C—Department of Energy National Security 
Authorizations and Other Authorizations. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; findings; sense of Congress. 
Sec. 2. Organization of Act into divisions; table of contents. 
Sec. 3. Congressional defense committees. 
Sec. 4. Explanatory statement. 
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. 
Subtitle B—Army Programs 
Sec. 111. Separate procurement line items for Future Combat Systems program. 
Sec. 112. Clarification of status of Future Combat Systems program lead system in-
tegrator. 
Sec. 113. Restriction on obligation of funds for Army tactical radio pending report. 
Sec. 114. Restriction on obligation of procurement funds for Armed Reconnaissance 
Helicopter program pending certification. 
Sec. 115. Stryker Mobile Gun System. 
Subtitle C—Navy Programs 
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 
Sec. 122. Littoral Combat Ship (LCS) program. 
Sec. 123. Report on F/A–18 procurement costs, comparing multiyear to annual. 
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122 STAT. 4358 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 124. Authority for advanced procurement and construction of components for 
the Virginia-class submarine program. 
Subtitle D—Air Force Programs 
Sec. 131. Maintenance of retired KC–135E aircraft. 
Sec. 132. Repeal of multi-year contract authority for procurement of tanker aircraft. 
Sec. 133. Reports on KC–(X) tanker aircraft requirements. 
Sec. 134. F-22A fighter aircraft. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Annual long-term plan for the procurement of aircraft for the Navy and 
the Air Force. 
Sec. 142. Report on body armor acquisition strategy. 
Sec. 143. Small arms acquisition strategy and requirements review. 
Sec. 144. Requirement for common ground stations and payloads for manned and 
unmanned aerial vehicle systems. 
Sec. 145. Report on future jet carrier trainer requirements of the Navy. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Additional determinations to be made as part of Future Combat Systems 
milestone review. 
Sec. 212. Analysis of Future Combat Systems communications network and soft-
ware. 
Sec. 213. Future Combat Systems manned ground vehicle Selected Acquisition Re-
ports. 
Sec. 214. Separate procurement and research, development, test, and evaluation 
line items and program elements for Sky Warrior Unmanned Aerial 
Systems project. 
Sec. 215. Restriction on obligation of funds for the Warfighter Information Net-
work–Tactical program. 
Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft expendi-
tures. 
Sec. 217. Requirement for plan on overhead nonimaging infrared systems. 
Sec. 218. Advanced energy storage technology and manufacturing. 
Sec. 219. Mechanisms to provide funds for defense laboratories for research and de-
velopment of technologies for military missions. 
Sec. 220. Requirements for certain airborne intelligence collection systems. 
Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar system 
pending submission of report. 
Subtitle C—Missile Defense Programs 
Sec. 231. Annual Director of Operational Test and Evaluation characterization of 
operational effectiveness, suitability, and survivability of the ballistic 
missile defense system. 
Sec. 232. Independent study of boost-phase missile defense. 
Sec. 233. Limitation on availability of funds for procurement, construction, and de-
ployment of missile defenses in Europe. 
Sec. 234. Review of the ballistic missile defense policy and strategy of the United 
States. 
Sec. 235. Airborne Laser System. 
Sec. 236. Activation and deployment of AN/TPY–2 forward-based X-band radar. 
Subtitle D—Reports 
Sec. 241. Biennial reports on joint and service concept development and experimen-
tation. 
Sec. 242. Report on participation of the historically black colleges and universities 
and minority-serving institutions in research and educational programs 
and activities of the Department of Defense. 
Sec. 243. Report on Department of Defense response to findings and recommenda-
tions of the Defense Science Board Task Force on Directed Energy 
Weapons. 
Subtitle E—Other Matters 
Sec. 251. Modification of systems subject to survivability testing oversight by the 
Director of Operational Test and evaluation. 
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122 STAT. 4359 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 252. Technology-neutral information technology guidelines and standards to 
support fully interoperable electronic personal health information for 
the Department of Defense and Department of Veterans Affairs. 
Sec. 253. Assessment of technology transition programs and repeal of reporting re-
quirement. 
Sec. 254. Trusted defense systems. 
Sec. 255. Capabilities-based assessment to outline a joint approach for future devel-
opment of vertical lift aircraft and rotorcraft. 
Sec. 256. Executive agent for printed circuit board technology. 
Sec. 257. Review of conventional prompt global strike technology applications and 
concepts. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Authorization for Department of Defense participation in conservation 
banking programs. 
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses Lake, 
Washington. 
Sec. 313. Expand cooperative agreement authority for management of natural re-
sources to include off-installation mitigation. 
Sec. 314. Expedited use of appropriate technology related to unexploded ordnance 
detection. 
Sec. 315. Closed loop re-refining of used motor vehicle lubricating oil. 
Sec. 316. Comprehensive program for the eradication of the brown tree snake popu-
lation from military facilities in Guam. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Comprehensive analysis and development of single Government-wide defi-
nition of inherently governmental function and criteria for critical func-
tions. 
Sec. 322. Study on future depot capability. 
Sec. 323. Government Accountability Office review of high-performing organiza-
tions. 
Sec. 324. Consolidation of Air Force and Air National Guard aircraft maintenance. 
Sec. 325. Report on Air Force civilian personnel consolidation plan. 
Sec. 326. Report on reduction in number of firefighters on Air Force bases. 
Sec. 327. Minimum capital investment for certain depots. 
Subtitle D—Energy Security 
Sec. 331. Annual report on operational energy management and implementation of 
operational energy strategy. 
Sec. 332. Consideration of fuel logistics support requirements in planning, require-
ments development, and acquisition processes. 
Sec. 333. Study on solar and wind energy for use for expeditionary forces. 
Sec. 334. Study on alternative and synthetic fuels. 
Sec. 335. Mitigation of power outage risks for Department of Defense facilities and 
activities. 
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 personnel. 
Sec. 343. Comptroller General report on the use of the Army Reserve and National 
Guard as an operational reserve. 
Sec. 344. Comptroller General report on link between preparation and use of Army 
reserve component forces to support ongoing operations. 
Sec. 345. Comptroller General report on adequacy of funding, staffing, and organi-
zation of Department of Defense Military Munitions Response Program. 
Subtitle F—Other Matters 
Sec. 351. Extension of Enterprise Transition Plan reporting requirement. 
Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical arti-
facts, 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 Mission. 
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122 STAT. 4360 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 355. Revision of certain Air Force regulations required. 
Sec. 356. Transfer of C–12 aircraft to California Department of Forestry and Fire 
Protection. 
Sec. 357. Limitation on treatment of retired B–52 aircraft for Air Combat Com-
mand headquarters. 
Sec. 358. Increase of domestic breeding of military working dogs used by the De-
partment of Defense. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Additional waiver authority of limitation on number of reserve component 
members authorized to be on active duty. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Mandatory separation requirements for regular warrant officers for 
length of service. 
Sec. 502. Requirements for issuance of posthumous commissions and warrants. 
Sec. 503. Authorized number of general officers on active duty in the Army and 
Marine Corps, limited exclusion for joint duty requirements, and in-
crease in number of officers serving in grades above major general and 
rear admiral. 
Sec. 504. Modification of authority on Staff Judge Advocate to the Commandant of 
the Marine Corps. 
Sec. 505. Eligibility of reserve officers to serve on boards of inquiry for separation 
of regular officers for substandard performance and other reasons. 
Sec. 506. Delayed authority to alter distribution requirements for commissioned of-
ficers on active duty in general officer and flag officer grades and limita-
tions on authorized strengths of general and flag officers on active duty. 
Subtitle B—Reserve Component Management 
Sec. 511. Extension to other reserve components of Army authority for deferral of 
mandatory separation of military technicians (dual status) until age 60. 
Sec. 512. Modification of authorized strengths for certain Army National Guard, 
Marine Corps Reserve, and Air National Guard officers and Army Na-
tional Guard enlisted personnel serving on full-time reserve component 
duty. 
Sec. 513. Clarification of authority to consider for a vacancy promotion National 
Guard officers ordered to active duty in support of a contingency oper-
ation. 
Sec. 514. Increase in mandatory retirement age for certain Reserve officers. 
Sec. 515. Age limit for retention of certain Reserve officers on active-status list as 
exception to removal for years of commissioned service. 
Sec. 516. Authority to retain Reserve chaplains and officers in medical and related 
specialties until age 68. 
Sec. 517. Modification of authorities on dual duty status of National Guard officers. 
Sec. 518. Study and report regarding Marine Corps personnel policies regarding as-
signments in Individual Ready Reserve. 
Sec. 519. Report on collection of information on civilian skills of members of the re-
serve components of the Armed Forces. 
Subtitle C—Joint Qualified Officers and Requirements 
Sec. 521. Joint duty requirements for promotion to general or flag officer. 
Sec. 522. Technical, conforming, and clerical changes to joint specialty terminology. 
Sec. 523. Promotion policy objectives for joint qualified officers. 
Sec. 524. Length of joint duty assignments. 
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122 STAT. 4361 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 525. Designation of general and flag officer positions on Joint Staff as posi-
tions to be held only by reserve component officers. 
Sec. 526. Modification of limitations on authorized strengths of reserve general and 
flag officers in active status serving in joint duty assignments. 
Sec. 527. Reports on joint education courses available through the Department of 
Defense. 
Subtitle D—General Service Authorities 
Sec. 531. Increase in maximum period of reenlistment of regular members of the 
Armed Forces. 
Sec. 532. Paternity leave for members of the Armed Forces. 
Sec. 533. Pilot programs on career flexibility to enhance retention of members of 
the Armed Forces. 
Subtitle E—Education and Training 
Sec. 540. Authorized strength of military service academies and repeal of prohibi-
tion on phased increase in midshipmen and cadet strength limit at 
Naval Academy and Air Force Academy. 
Sec. 541. Promotion of foreign and cultural exchange activities at military service 
academies. 
Sec. 542. Increased authority to enroll defense industry employees in defense prod-
uct development program. 
Sec. 543. Expanded authority for institutions of professional military education to 
award degrees. 
Sec. 544. Tuition for attendance of Federal employees at the United States Air 
Force Institute of Technology. 
Sec. 545. Increase in number of permanent professors at the United States Air 
Force Academy. 
Sec. 546. Requirement of completion of service under honorable conditions for pur-
poses of entitlement to educational assistance for reserve component 
members supporting contingency operations. 
Sec. 547. Consistent education loan repayment authority for health professionals in 
regular components and Selected Reserve. 
Sec. 548. Increase in number of units of Junior Reserve Officers’ Training Corps. 
Sec. 549. Correction of erroneous Army College Fund benefit amounts. 
Sec. 550. Enhancing education partnerships to improve accessibility and flexibility 
for members of the Armed Forces. 
Subtitle F—Defense Dependents’ Education 
Sec. 551. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 552. Impact aid for children with severe disabilities. 
Sec. 553. Transition of military dependent students among local educational agen-
cies. 
Sec. 554. Calculation of payments for eligible federally connected children under 
Department of Education’s Impact Aid program. 
Subtitle G—Military Justice 
Sec. 561. Effective period of military protective orders. 
Sec. 562. Mandatory notification of issuance of military protective order to civilian 
law enforcement. 
Sec. 563. Implementation of information database on sexual assault incidents in 
the Armed Forces. 
Subtitle H—Decorations, Awards, and Honorary Promotions 
Sec. 571. Replacement of military decorations. 
Sec. 572. Authorization and request for award of Medal of Honor to Richard L. 
Etchberger for acts of valor during the Vietnam War. 
Subtitle I—Military Families 
Sec. 581. Presentation of burial flag to the surviving spouse and children of de-
ceased members of the Armed Forces. 
Sec. 582. Education and training opportunities for military spouses. 
Sec. 583. Sense of Congress regarding honor guard details for funerals of veterans. 
Subtitle J—Other Matters 
Sec. 591. Prohibition on interference in independent legal advice by the Legal 
Counsel to the Chairman of the Joint Chiefs of Staff. 
Sec. 592. Interest payments on certain claims arising from correction of military 
records. 
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122 STAT. 4362 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 593. Extension of limitation on reductions of personnel of agencies responsible 
for review and correction of military records. 
Sec. 594. Modification of matching fund requirements under National Guard Youth 
Challenge Program. 
Sec. 595. Military salute for the flag during the national anthem by members of the 
Armed Forces not in uniform and by veterans. 
Sec. 596. Military Leadership Diversity Commission. 
Sec. 597. Demonstration project on service of retired nurse corps officers as faculty 
at civilian nursing schools. 
Sec. 598. Report on planning for participation and hosting of the Department of De-
fense in international sports activities, competitions, and events. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601.
Fiscal year 2009 increase in military basic pay. 
Sec. 602. Permanent extension of prohibition on charges for meals received at mili-
tary treatment facilities by members receiving continuous care. 
Sec. 603. Increase in maximum authorized payment or reimbursement amount for 
temporary lodging expenses. 
Sec. 604. Availability of second family separation allowance for married couples 
with dependents. 
Sec. 605. Extension of authority for income replacement payments for reserve com-
ponent members experiencing extended and frequent mobilization for 
active duty service. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care pro-
fessionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. Extension of authorities relating to payment of other title 37 bonuses and 
special pays. 
Sec. 615. Extension of authorities relating to payment of referral bonuses. 
Sec. 616. Increase in maximum bonus and stipend amounts authorized under 
Nurse Officer Candidate Accession Program and health professions sti-
pend program. 
Sec. 617. Maximum length of nuclear officer incentive pay agreements for service. 
Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, 
and bonus authorities of the uniformed services. 
Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to en-
courage training in critical foreign languages and foreign cultural stud-
ies and authorization of incentive pay for members of precommissioning 
programs pursuing foreign language proficiency. 
Sec. 620. Accession and retention bonuses for the recruitment and retention of offi-
cers in certain health professions. 
Subtitle C—Travel and Transportation Allowances 
Sec. 621. Special weight allowance for transportation of professional books and 
equipment for spouses. 
Sec. 622. Shipment of family pets during evacuation of personnel. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 631. Extension to survivors of certain members who die on active duty of spe-
cial survivor indemnity allowance for persons affected by required Sur-
vivor Benefit Plan annuity offset for dependency and indemnity com-
pensation. 
Sec. 632. Correction of unintended reduction in survivor benefit plan annuities due 
to phased elimination of two-tier annuity computation and supplemental 
annuity. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 641. Use of commissary stores surcharges derived from temporary commissary 
initiatives for reserve component and retired members. 
Sec. 642. Enhanced enforcement of prohibition on sale or rental of sexually explicit 
material on military installations. 
Subtitle F—Other Matters 
Sec. 651. Continuation of entitlement to bonuses and similar benefits for members 
of the uniformed services who die, are separated or retired for disability, 
or meet other criteria. 
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122 STAT. 4363 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE VII—HEALTH CARE AND WOUNDED WARRIOR PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. One-year extension of prohibition on increases in certain health care costs 
for members of the uniformed services. 
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy 
system of pharmacy benefits program. 
Sec. 703. Chiropractic health care for members on active duty. 
Sec. 704. Calculation of monthly premiums for coverage under TRICARE Reserve 
Select after 2008. 
Sec. 705. Program for health care delivery at military installations projected to 
grow. 
Sec. 706. Guidelines for combined medical facilities of the Department of Defense 
and the Department of Veterans Affairs. 
Subtitle B—Preventive Care 
Sec. 711. Waiver of copayments for preventive services for certain TRICARE bene-
ficiaries. 
Sec. 712. Military health risk management demonstration project. 
Sec. 713. Smoking cessation program under TRICARE. 
Sec. 714. Preventive health allowance. 
Sec. 715. Additional authority for studies and demonstration projects relating to de-
livery of health and medical care. 
Subtitle C—Wounded Warrior Matters 
Sec. 721. Center of excellence in prevention, diagnosis, mitigation, treatment, and 
rehabilitation of hearing loss and auditory system injuries. 
Sec. 722. Clarification to center of excellence relating to military eye injuries. 
Sec. 723. Center of Excellence in the Mitigation, Treatment, and Rehabilitation of 
Traumatic Extremity Injuries and Amputations. 
Sec. 724. Additional responsibilities for the wounded warrior resource center. 
Sec. 725.
Sense of Congress on research on traumatic brain injury. 
Sec. 726. Extension of Senior Oversight Committee with respect to wounded war-
rior matters. 
Sec. 727. Modification of utilization of veterans’ presumption of sound condition in 
establishing eligibility of members of the Armed Forces for retirement 
for disability. 
Subtitle D—Other Matters 
Sec. 731. Report on providing the Extended Care Health Option Program to de-
pendents of military retirees. 
Sec. 732.
Increase in cap on extended benefits under extended health care option 
(ECHO). 
Sec. 733. Department of Defense task force on the prevention of suicide by mem-
bers of the Armed Forces. 
Sec. 734. Transitional health care for certain members of the Armed Forces who 
agree to serve in the Selected Reserve of the Ready Reserve. 
Sec. 735. Enhancement of medical and dental readiness of members of the Armed 
Forces. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 
RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801.
Assessment of urgent operational needs fulfillment. 
Sec. 802. Implementation of statutory requirements regarding the national tech-
nology and industrial base. 
Sec. 803. Commercial software reuse preference. 
Sec. 804. Internal controls for procurements on behalf of the Department of De-
fense by certain non-defense agencies. 
Subtitle B—Provisions Relating to Major Defense Acquisition Programs 
Sec. 811. Inclusion of major subprograms to major defense acquisition programs 
under acquisition reporting requirements. 
Sec. 812. Inclusion of certain major information technology investments in acquisi-
tion oversight authorities for major automated information system pro-
grams. 
Sec. 813. Transfer of sections of title 10 relating to Milestone A and Milestone B 
for clarity. 
Sec. 814. Configuration steering boards for cost control under major defense acqui-
sition programs. 
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122 STAT. 4364 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 815. Preservation of tooling for major defense acquisition programs. 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 821. Definition of system for Defense Acquisition Challenge Program. 
Sec. 822. Technical data rights. 
Sec. 823. Revision to the application of Cost Accounting Standards. 
Sec. 824. Modification and extension of pilot program for transition to follow-on 
contracts under authority to carry out certain prototype projects. 
Sec. 825. Clarification of status of Government rights in the designs of Department 
of Defense vessels, boats, craft, and components thereof. 
Subtitle D—Provisions Relating to Acquisition Workforce and Inherently 
Governmental Functions 
Sec. 831. Development of guidance on personal services contracts. 
Sec. 832. Sense of Congress on performance by private security contractors of cer-
tain functions in an area of combat operations. 
Sec. 833. Acquisition workforce expedited hiring authority. 
Sec. 834. Career path and other requirements for military personnel in the acquisi-
tion field. 
Subtitle E—Department of Defense Contractor Matters 
Sec. 841. Ethics safeguards related to contractor conflicts of interest. 
Sec. 842. Information for Department of Defense contractor employees on their 
whistleblower rights. 
Sec. 843. Requirement for Department of Defense to adopt an acquisition strategy 
for Defense Base Act insurance. 
Sec. 844. Report on use of off-shore subsidiaries by defense contractors. 
Sec. 845. Defense industrial security. 
Subtitle F—Matters Relating to Iraq and Afghanistan 
Sec. 851. Clarification and modification of authorities relating to the Commission 
on Wartime Contracting in Iraq and Afghanistan. 
Sec. 852. Comprehensive audit of spare parts purchases and depot overhaul and 
maintenance of equipment for operations in Iraq and Afghanistan. 
Sec. 853. Additional matters required to be reported by contractors performing se-
curity functions in areas of combat operations. 
Sec. 854. Additional contractor requirements and responsibilities relating to alleged 
crimes by or against contractor personnel in Iraq and Afghanistan. 
Sec. 855. Suspension of statutes of limitations when Congress authorizes the use 
of military force. 
Subtitle G—Governmentwide Acquisition Improvements 
Sec. 861. Short title. 
Sec. 862. Limitation on length of certain noncompetitive contracts. 
Sec. 863. Requirements for purchase of property and services pursuant to multiple 
award contracts. 
Sec. 864. Regulations on the use of cost-reimbursement contracts. 
Sec. 865. Preventing abuse of interagency contracts. 
Sec. 866. Limitations on tiering of subcontractors. 
Sec. 867. Linking of award and incentive fees to acquisition outcomes. 
Sec. 868. Minimizing abuse of commercial services item authority. 
Sec. 869. Acquisition workforce development strategic plan. 
Sec. 870. Contingency Contracting Corps. 
Sec. 871. Access of Government Accountability Office to contractor employees. 
Sec. 872. Database for Federal agency contract and grant officers and suspension 
and debarment officials. 
Sec. 873. Role of Interagency Committee on Debarment and Suspension. 
Sec. 874. Improvements to the Federal procurement data system. 
Subtitle H—Other Matters 
Sec. 881. Expansion of authority to retain fees from licensing of intellectual prop-
erty. 
Sec. 882. Report on market research. 
Sec. 883. Report relating to munitions. 
Sec. 884. Motor carrier fuel surcharges. 
Sec. 885. Procurement by State and local governments of equipment for homeland 
security and emergency response activities through the Department of 
Defense. 
Sec. 886. Review of impact of covered subsidies on acquisition of KC-45 aircraft. 
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122 STAT. 4365 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 887. Report on the implementation of earned value management at the De-
partment of Defense. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Plan required for personnel management of special operations forces. 
Sec. 902. Director of Operational Energy Plans and Programs. 
Sec. 903. Corrosion control and prevention executives for the military departments. 
Sec. 904. Participation of Deputy Chief Management Officer of the Department of 
Defense on Defense Business System Management Committee. 
Sec. 905. Modification of status of Assistant to the Secretary of Defense for Nuclear 
and Chemical and Biological Defense Programs. 
Sec. 906. Requirement for the Secretary of Defense to prepare a strategic plan to 
enhance the role of the National Guard and Reserves. 
Sec. 907. General Counsel to the Inspector General of the Department of Defense. 
Sec. 908. Business transformation initiatives for the military departments. 
Subtitle B—Space Activities 
Sec. 911. Extension of authority for pilot program for provision of space surveil-
lance network services to entities outside United States Government. 
Sec. 912. Investment and acquisition strategy for commercial satellite capabilities. 
Sec. 913. Space posture review. 
Subtitle C—Chemical Demilitarization Program 
Sec. 921. Responsibilities for Chemical Demilitarization Citizens’ Advisory Commis-
sions in Colorado and Kentucky. 
Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at Pueblo Chem-
ical Depot, Colorado. 
Subtitle D—Intelligence-Related Matters 
Sec. 931. Technical changes following the redesignation of National Imagery and 
Mapping Agency as National Geospatial-Intelligence Agency. 
Sec. 932. Technical amendments to title 10, United States Code, arising from en-
actment of the Intelligence Reform and Terrorism Prevention Act of 
2004. 
Sec. 933. Technical amendments relating to the Associate Director of the CIA for 
Military Affairs. 
Subtitle E—Other Matters 
Sec. 941. Enhancement of authorities relating to Department of Defense regional 
centers for security studies. 
Sec. 942. Restriction on obligation of funds for United States Southern Command 
development assistance activities. 
Sec. 943. Authorization of non-conventional assisted recovery capabilities. 
Sec. 944. Report on homeland defense and civil support issues. 
Sec. 945. Report on National Guard resource requirements. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. One-time shift of military retirement payments. 
Sec. 1003. Management of purchase cards. 
Sec. 1004. Codification of recurring authority on United States contributions to the 
North Atlantic Treaty Organization common-funded budgets. 
Sec. 1005. Incorporation of funding decisions into law. 
Subtitle B—Policy Relating to Vessels and Shipyards 
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas. 
Sec. 1012. Report on repair of naval vessel in foreign shipyards. 
Sec. 1013. Report on plan for disposal of certain vessels stricken from the Naval 
Vessel Register. 
Sec. 1014. Reimbursement of expenses for certain Navy mess operations. 
Sec. 1015. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Subtitle C—Counter-Drug Activities 
Sec. 1021. Extension of reporting requirement regarding Department of Defense ex-
penditures to support foreign counter-drug activities. 
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122 STAT. 4366 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 1022. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1023. Extension 
of 
authority 
to 
support 
unified 
counter-drug 
and 
counterterrorism campaign in Colombia and continuation of numerical 
limitation on assignment of United States personnel. 
Sec. 1024. Expansion and extension of authority to provide additional support for 
counter-drug activities of certain foreign governments. 
Sec. 1025. Comprehensive Department of Defense strategy for counter-narcotics ef-
forts for United States Africa Command. 
Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics ef-
forts in South and Central Asian regions. 
Subtitle D—Miscellaneous Authorities and Limitations 
Sec. 1031. Enhancement of the capacity of the United States Government to con-
duct complex operations. 
Sec. 1032. Crediting of admiralty claim receipts for damage to property funded 
from a Department of Defense working capital fund. 
Sec. 1033. Minimum annual purchase requirements for charter air transportation 
services from carriers participating in the Civil Reserve Air Fleet. 
Sec. 1034. Semi-annual reports on status of Navy Next Generation Enterprise Net-
works program. 
Sec. 1035. Sense of Congress on nuclear weapons management. 
Sec. 1036.
Sense of Congress on joint Department of Defense-Federal Aviation Ad-
ministration executive committee on conflict and dispute resolution. 
Sec. 1037.
Sense of Congress on sale of new outsize cargo, strategic airlift aircraft 
for civilian use. 
Subtitle E—Studies and Reports 
Sec. 1041. Report on corrosion control and prevention. 
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS) in a 
Federal response to wildfires. 
Sec. 1043. Study on rotorcraft survivability. 
Sec. 1044. Report on nuclear weapons. 
Sec. 1045. Report on compliance by Department of Defense with Guam tax and li-
censing laws. 
Sec. 1046. Report on detention operations in Iraq. 
Sec. 1047. Review of bandwidth capacity requirements of the Department of De-
fense and the intelligence community. 
Sec. 1048. Review of findings and recommendations applicable to the Department 
of Defense regarding electromagnetic pulse attack. 
Subtitle F—Other Matters 
Sec. 1051. Additional information under annual submissions of information regard-
ing information technology capital assets. 
Sec. 1052. Submission to Congress of revision to regulation on enemy prisoners of 
war, retained personnel, civilian internees, and other detainees. 
Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey. 
Sec. 1054. Standing advisory panel on improving coordination among the Depart-
ment of Defense, the Department of State, and the United States Agen-
cy for International Development on matters of national security. 
Sec. 1055. Reports on strategic communication and public diplomacy activities of 
the Federal Government. 
Sec. 1056. Prohibitions relating to propaganda. 
Sec. 1057. Sense of Congress on interrogation of detainees by contractor personnel. 
Sec. 1058. Sense of Congress with respect to videotaping or otherwise electronically 
recording strategic intelligence interrogations of persons in the custody 
of or under the effective control of the Department of Defense. 
Sec. 1059. Modification of deadlines for standards required for entry to military in-
stallations in the United States. 
Sec. 1060. Extension of certain dates for Congressional Commission on the Stra-
tegic Posture of the United States. 
Sec. 1061. Technical and clerical amendments. 
Sec. 1062.
Notification of Committees on Armed Services with respect to certain 
nonproliferation and proliferation activities. 
Sec. 1063. Assessment of security measures at consolidated center for North Amer-
ican Aerospace Defense Command and United States Northern Com-
mand. 
TITLE XI—CIVILIAN PERSONNEL MATTERS 
Sec. 1101. Authority to waive annual limitation on premium pay and aggregate 
limitation on pay for Federal civilian
employees working overseas. 
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122 STAT. 4367 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 1102. Temporary discretionary authority to grant allowances, benefits, and 
gratuities to personnel on official duty in a combat zone. 
Sec. 1103. Election of insurance coverage by Federal civilian employees deployed in 
support of a contingency operation. 
Sec. 1104. Extension of authority to make lump-sum severance payments. 
Sec. 1105. Extension of voluntary reduction-in-force authority of Department of De-
fense. 
Sec. 1106. Enhancement of authorities relating to additional positions under the 
national security personnel system. 
Sec. 1107. Expedited hiring authority for health care professionals. 
Sec. 1108. Direct hire authority at personnel demonstration laboratories for certain 
candidates. 
Sec. 1109. Status reports relating to laboratory personnel demonstration projects. 
Sec. 1110. Technical amendment relating to definition of professional accounting 
position for purposes of certification and credentialing standards. 
Sec. 1111. Exceptions and adjustments to limitations on personnel and reports on 
such exceptions and adjustments. 
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Extension of authority to build the capacity of the Pakistan Frontier 
Corps. 
Sec. 1202. Availability across fiscal years of funds for military-to-military contacts 
and comparable activities. 
Sec. 1203. Availability across fiscal years of funds to pay incremental expenses for 
participation of developing countries in combined exercises. 
Sec. 1204. Extension of temporary authority to use acquisition and cross-servicing 
agreements to lend military equipment for personnel protection and sur-
vivability. 
Sec. 1205. Authority for distribution to certain foreign personnel of education and 
training materials and information technology to enhance military inter-
operability with the Armed Forces. 
Sec. 1206. Modification and extension of authorities relating to program to build 
the capacity of foreign military forces. 
Sec. 1207. Extension of authority and increased funding for security and stabiliza-
tion assistance. 
Sec. 1208. Extension and expansion of authority for support of special operations 
to combat terrorism. 
Sec. 1209. Increase in amount available for costs of education and training of for-
eign military forces under Regional Defense Combating Terrorism Fel-
lowship Program. 
Subtitle B—Matters Relating to Iraq and Afghanistan 
Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq. 
Sec. 1212. Report on status of forces agreements between the United States and 
Iraq. 
Sec. 1213. Strategy for United States-led Provincial Reconstruction Teams in Iraq. 
Sec. 1214. Commanders’ Emergency Response Program. 
Sec. 1215. Performance monitoring system for United States-led Provincial Recon-
struction Teams in Afghanistan. 
Sec. 1216. Report on command and control structure for military forces operating 
in Afghanistan. 
Sec. 1217. Reports on enhancing security and stability in the region along the bor-
der of Afghanistan and Pakistan. 
Sec. 1218. Study and report on Police Transition Teams to train, assist, and advise 
units of the Iraqi Police Service. 
Subtitle C—Other Matters 
Sec. 1231. Payment of personnel expenses for multilateral cooperation programs. 
Sec. 1232. Participation of the Department of Defense in multinational military 
centers of excellence. 
Sec. 1233. Review of security risks of participation by defense contractors in certain 
space activities of the People’s Republic of China. 
Sec. 1234. Report on Iran’s capability to produce nuclear weapons. 
Sec. 1235. Employment for resettled Iraqis. 
Sec. 1236. Extension and modification of updates on report on claims relating to 
the bombing of the Labelle Discotheque. 
Sec. 1237. Report on utilization of certain global partnership authorities. 
Sec. 1238. Modification and repeal of requirement to submit certain annual reports 
to Congress regarding allied contributions to the common defense. 
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122 STAT. 4368 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 
FORMER SOVIET UNION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Defense Health Program. 
Sec. 1404. Chemical agents and munitions destruction, defense. 
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1406. Defense Inspector General. 
Sec. 1407. National Defense Sealift Fund amendments. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Revisions to previously authorized disposals from the National Defense 
Stockpile. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 
Sec. 1501. Authorization of additional appropriations for operations in Afghanistan 
and Iraq for fiscal year 2009. 
Sec. 1502. Requirement for separate display of budgets for Afghanistan and Iraq. 
Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1504. Science and technology investment strategy to defeat or counter impro-
vised explosive devices. 
Sec. 1505. Limitations on Iraq Security Forces Fund. 
Sec. 1506. Limitations on Afghanistan Security Forces Fund. 
Sec. 1507. Special transfer authority. 
Sec. 1508. Prohibition on use of United States funds for certain facilities projects 
in Iraq and contributions by the Government of Iraq to combined oper-
ations and other activities in Iraq. 
TITLE XVI—RECONSTRUCTION AND STABILIZATION CIVILIAN 
MANAGEMENT 
Sec. 1601. Short title. 
Sec. 1602. Findings. 
Sec. 1603. Definitions. 
Sec. 1604. Authority to provide assistance for reconstruction and stabilization cri-
ses. 
Sec. 1605. Reconstruction and stabilization. 
Sec. 1606. Authorities related to personnel. 
Sec. 1607. Reconstruction and stabilization strategy. 
Sec. 1608. Annual reports to Congress. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
Sec. 2002. Expiration of authorizations and amounts required to be specified by 
law. 
Sec. 2003. Effective date. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2008 projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2007 projects. 
Sec. 2107. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
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122 STAT. 4369 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2005 project. 
Sec. 2206. Modification of authority to carry out certain fiscal year 2007 projects. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
Sec. 2305. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2306. Extension of authorizations of certain fiscal year 2005 projects. 
TITLE XXIV—DEFENSE AGENCIES 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Modification of authority to carry out certain fiscal year 2007 project. 
Sec. 2405. Modification of authority to carry out certain fiscal year 2005 projects. 
Sec. 2406. Extension of authorization of certain fiscal year 2006 project. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorized chemical demilitarization program construction and land ac-
quisition projects. 
Sec. 2412. Authorization of appropriations, chemical demilitarization construction, 
defense-wide. 
Sec. 2413. Modification of authority to carry out certain fiscal year 1997 project. 
Sec. 2414. Modification of authority to carry out certain fiscal year 2000 project. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 
INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Modification of authority to carry out certain fiscal year 2008 project. 
Sec. 2608. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2609. Extension of Authorization of certain fiscal year 2005 project. 
TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 
Subtitle A—Authorizations 
Sec. 2701. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 2005. 
Subtitle B—Amendments to Base Closure and Related Laws 
Sec. 2711. Modification of annual base closure and realignment reporting require-
ments. 
Sec. 2712. Technical corrections regarding authorized cost and scope of work vari-
ations for military construction and military family housing projects re-
lated to base closures and realignments. 
Subtitle C—Other Matters 
Sec. 2721. Independent design review of National Naval Medical Center and mili-
tary hospital at Fort Belvoir. 
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122 STAT. 4370 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear power 
plants. 
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Incorporation of principles of sustainable design in documents submitted 
as part of proposed military construction projects. 
Sec. 2802. Revision of maximum lease amount applicable to certain domestic Army 
family housing leases to reflect previously made annual adjustments in 
amount. 
Sec. 2803. Use of military family housing constructed under build and lease author-
ity to house members without dependents. 
Sec. 2804. Leasing of military family housing to Secretary of Defense. 
Sec. 2805. Improved oversight and accountability for military housing privatization 
initiative projects. 
Sec. 2806. Authority to use operation and maintenance funds for construction 
projects inside the United States Central Command and United States 
Africa Command areas of responsibility. 
Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family Housing LLC. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Clarification of congressional reporting requirements for certain real 
property transactions. 
Sec. 2812. Authority to lease non-excess property of military departments and De-
fense Agencies. 
Sec. 2813. Modification of utility system conveyance authority. 
Sec. 2814. Defense access roads. 
Sec. 2815. Report on application of force protection and anti-terrorism standards to 
gates and entry points on military installations. 
Subtitle C—Provisions Related to Guam Realignment 
Sec. 2821. Sense of Congress regarding military housing and utilities related to 
Guam realignment. 
Sec. 2822. Federal assistance to Guam. 
Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana Islands for 
military base reuse studies and community planning assistance. 
Sec. 2824. Support for realignment of military installations and relocation of mili-
tary personnel on Guam. 
Subtitle D—Energy Security 
Sec. 2831. Certification of enhanced use leases for energy-related projects. 
Sec. 2832. Annual report on Department of Defense installations energy manage-
ment. 
Subtitle E—Land Conveyances 
Sec. 2841. Land conveyance, former Naval Air Station, Alameda, California. 
Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval Security 
Group Activity, Skaggs Island, California. 
Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps Logistics 
Base, Albany, Georgia. 
Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve Cen-
ter, Springfield, Ohio. 
Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee. 
Sec. 2846. Land conveyance, Army property, Camp Williams, Utah. 
Sec. 2847. Extension of Potomac Heritage National Scenic Trail through Fort 
Belvoir, Virginia. 
Subtitle F—Other Matters 
Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to Arlington Na-
tional Cemetery. 
Sec. 2852. Acceptance and use of gifts for construction of additional building at Na-
tional Museum of the United States Air Force, Wright-Patterson Air 
Force Base. 
Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii. 
Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania. 
Sec. 2855. Naming of health facility, Fort Rucker, Alabama. 
TITLE XXIX—WAR-RELATED MILITARY CONSTRUCTION AUTHORIZATIONS 
Subtitle A—Fiscal Year 2008 Projects 
Sec. 2901. Authorized Army construction and land acquisition projects. 
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122 STAT. 4371 
PUBLIC LAW 110–417—OCT. 14, 2008 
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. 
Subtitle B—Fiscal Year 2009 Projects 
Sec. 2911. Authorized Army construction and land acquisition projects. 
Sec. 2912. Authorized Navy construction and land acquisition projects. 
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. Modification of functions of Administrator for Nuclear Security to in-
clude elimination of surplus fissile materials usable for nuclear weap-
ons. 
Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and Metallurgy 
Research Replacement facility project, Los Alamos National Laboratory, 
Los Alamos, New Mexico. 
Sec. 3113. Nonproliferation and national security scholarship and fellowship pro-
gram. 
Sec. 3114. Enhancing nuclear forensics capabilities. 
Sec. 3115. Utilization of contributions to International Nuclear Materials Protec-
tion and Cooperation program and Russian plutonium disposition pro-
gram. 
Sec. 3116. Review of and reports on Global Initiatives for Proliferation Prevention 
program. 
Sec. 3117. Limitation on availability of funds for Global Nuclear Energy Partner-
ship. 
Subtitle C—Reports 
Sec. 3121. Extension of deadline for Comptroller General report on Department of 
Energy protective force management. 
Sec. 3122. Report on compliance with Design Basis Threat issued by the Depart-
ment of Energy in 2005. 
Sec. 3123. Modification of submittal of reports on inadvertent releases of restricted 
data. 
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 Se-
curity Fleet. 
Sec. 3506. Temporary program authorizing contracts with adjunct professors at the 
United States Merchant Marine Academy and for other purposes. 
Sec. 3507. Actions to address sexual harassment and violence at the United States 
Merchant Marine Academy. 
Sec. 3508. Assistance for small shipyards and maritime communities. 
Sec. 3509. Marine war risk insurance. 
Sec. 3510. MarAd consultation on Jones Act Waivers. 
Sec. 3511. Transportation in American vessels of government personnel and certain 
cargoes. 
Sec. 3512. Port of Guam Improvement Enterprise Program. 
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122 STAT. 4372 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 
For purposes of this Act, the term ‘‘congressional defense 
committees’’ has the meaning given that term in section 101(a)(16) 
of title 10, United States Code. 
SEC. 4. EXPLANATORY STATEMENT. 
The explanatory statement regarding S. 3001, the National 
Defense Authorization Act for Fiscal Year 2009, as amended by 
the House of Representatives, printed in the House section of the 
Congressional Record on or about September 30, 2008, by the Chair-
man of the Committee on Armed Services of the House, shall 
have the same effect with respect to the implementation of this 
Act as if it were a joint explanatory statement of a committee 
of conference. 
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. 
Subtitle B—Army Programs 
Sec. 111. Separate procurement line items for Future Combat Systems program. 
Sec. 112. Clarification of status of Future Combat Systems program lead system in-
tegrator. 
Sec. 113. Restriction on obligation of funds for Army tactical radio pending report. 
Sec. 114. Restriction on obligation of procurement funds for Armed Reconnaissance 
Helicopter program pending certification. 
Sec. 115. Stryker Mobile Gun System. 
Subtitle C—Navy Programs 
Sec. 121. Refueling and complex overhaul of the U.S.S. Theodore Roosevelt. 
Sec. 122. Littoral Combat Ship (LCS) program. 
Sec. 123. Report on F/A–18 procurement costs, comparing multiyear to annual. 
Sec. 124. Authority for advanced procurement and construction of components for 
the Virginia-class submarine program. 
Subtitle D—Air Force Programs 
Sec. 131. Maintenance of retired KC–135E aircraft. 
Sec. 132. Repeal of multi-year contract authority for procurement of tanker aircraft. 
Sec. 133. Reports on KC–(X) tanker aircraft requirements. 
Sec. 134. F-22A fighter aircraft. 
Subtitle E—Joint and Multiservice Matters 
Sec. 141. Annual long-term plan for the procurement of aircraft for the Navy and 
the Air Force. 
Sec. 142. Report on body armor acquisition strategy. 
Sec. 143. Small arms acquisition strategy and requirements review. 
Sec. 144. Requirement for common ground stations and payloads for manned and 
unmanned aerial vehicle systems. 
Sec. 145. 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: 
10 USC 101 note. 
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122 STAT. 4373 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) For aircraft, $4,848,835,000. 
(2) For missiles, $2,207,460,000. 
(3) 
For 
weapons 
and 
tracked 
combat 
vehicles, 
$3,516,398,000. 
(4) For ammunition, $2,280,791,000. 
(5) For other procurement, $11,143,076,000. 
(6) For the Joint Improvised Explosive Device Defeat Fund, 
$200,000,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appropriated 
for fiscal year 2009 for procurement for the Navy as follows: 
(1) For aircraft, $14,557,874,000. 
(2) For weapons, including missiles and torpedoes, 
$3,553,282,000. 
(3) For shipbuilding and conversion, $14,057,022,000. 
(4) For other procurement, $5,463,565,000. 
(b) MARINE CORPS.—Funds are hereby authorized to be appro-
priated for fiscal year 2009 for procurement for the Marine Corps 
in the amount of $1,486,189,000. 
(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 $1,110,012,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal year 
2009 for procurement for the Air Force as follows: 
(1) For aircraft, $12,826,858,000. 
(2) For ammunition, $894,478,000. 
(3) For missiles, $5,553,528,000. 
(4) For other procurement, $16,087,887,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for fiscal year 
2009 
for 
Defense-wide 
procurement 
in 
the 
amount 
of 
$3,382,628,000. 
SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 
Funds are hereby authorized to be appropriated for fiscal year 
2009 for the procurement of aircraft, missiles, wheeled and tracked 
combat vehicles, tactical wheeled vehicles, ammunition, other 
weapons, and other procurement for the reserve components of 
the Armed Forces in the amount of $800,000,000. 
Subtitle B—Army Programs 
SEC. 111. SEPARATE PROCUREMENT LINE ITEMS FOR FUTURE COM-
BAT SYSTEMS PROGRAM. 
Effective for the budget of the President submitted to Congress 
under section 1105(a) of title 31, United States Code, for fiscal 
year 2011 and for each fiscal year thereafter, the Secretary of 
Defense shall ensure that a separate, dedicated procurement line 
item is designated for each of the following elements of the Future 
Combat Systems program (in this section referred to as ‘‘FCS’’), 
to the extent the budget includes funding for such elements: 
(1) FCS Manned Ground Vehicles. 
Effective dates. 
10 USC 221 note. 
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122 STAT. 4374 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) FCS Unmanned Ground Vehicles. 
(3) FCS Unmanned Aerial Systems. 
(4) FCS Unattended Ground Systems. 
(5) Other FCS elements. 
SEC. 112. CLARIFICATION OF STATUS OF FUTURE COMBAT SYSTEMS 
PROGRAM LEAD SYSTEM INTEGRATOR. 
Section 802 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 206; 10 U.S.C. 2410p 
note) is amended by adding at the end the following new subsection: 
‘‘(e) STATUS
OF FUTURE COMBAT SYSTEMS PROGRAM LEAD 
SYSTEM INTEGRATOR.— 
‘‘(1) LEAD SYSTEMS INTEGRATOR.—In the case of the Future 
Combat Systems program, the prime contractor of the program 
shall be considered to be a lead systems integrator until 45 
days after the Secretary of the Army certifies in writing to 
the congressional defense committees that such contractor is 
no longer serving as the lead systems integrator. 
‘‘(2) NEW
CONTRACTS.—In applying subsection (a)(1) or 
(a)(2), any modification to the existing contract for the Future 
Combat Systems program, for the purpose of entering into 
full-rate production of major systems or subsystems, shall be 
considered a new contract.’’. 
SEC. 113. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TAC-
TICAL RADIO PENDING REPORT. 
(a) REPORT REQUIRED.—Not later than March 30, 2009, the 
Assistant Secretary of Defense for Networks and Information 
Integration shall submit to the congressional defense committees 
a report on Army tactical radio fielding plans. The report shall 
include the following: 
(1) A description of the Army tactical radio fielding 
strategy, including a description of the overall combination 
of various tactical radio systems and how they integrate to 
provide communications and network capability. 
(2) A detailed description of the combination of various 
tactical radio systems in use or planned for use 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 combination of various tactical 
radio systems in use or planned for use for Army support 
brigades, headquarters elements, and training units. 
(4) A description of the plan by the Army to integrate 
joint tactical radio systems, including the number of each type 
of joint tactical radio the Army plans to procure. 
(5) An assessment of the total cost of the tactical radio 
fielding strategy of the Army, including procurement of joint 
tactical radio systems. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING REPORT.— 
Of the amounts appropriated pursuant to an authorization of appro-
priations in this Act or otherwise made available for fiscal year 
2009 for other procurement, 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 congres-
sional defense committees. 
Deadline. 
Certification. 
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122 STAT. 4375 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 114. RESTRICTION ON OBLIGATION OF PROCUREMENT FUNDS 
FOR ARMED RECONNAISSANCE HELICOPTER PROGRAM 
PENDING CERTIFICATION. 
(a) CERTIFICATION REQUIRED.—The Under Secretary of Defense 
for Acquisition, Technology, and Logistics shall certify to the 
congressional defense committees that the Armed Reconnaissance 
Helicopter has— 
(1) satisfactorily been certified under section 2433(e)(2) of 
title 10, United States Code; 
(2) been restructured as an acquisition program by the 
Army; 
(3) satisfactorily completed a Limited User Test; and 
(4) been approved to enter Milestone C. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING CERTIFI-
CATION.—Of the amounts appropriated pursuant to an authorization 
of appropriations in this Act or otherwise made available for fiscal 
year 2009 for aircraft procurement, Army, for the Armed Reconnais-
sance Helicopter, 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. 
SEC. 115. STRYKER MOBILE GUN SYSTEM. 
(a) LIMITATION ON AVAILABILITY OF FUNDS.—None of the 
amounts authorized to be appropriated by this Act for procurement 
of weapons and tracked combat vehicles for the Army may be 
obligated or expended for purposes of the procurement of the 
Stryker Mobile Gun System until the Under Secretary of Defense 
for Acquisition, Technology, and Logistics submits to the congres-
sional defense committees a written certification that the Under 
Secretary has approved a plan for the Army to mitigate all Stryker 
Mobile Gun System deficiencies. 
(b) REPORTS REQUIRED.—Not later than 60 days after the date 
of the enactment of this Act, and every 180 days thereafter until 
December 31, 2011, the Secretary of the Army, in consultation 
with the Director of Operational Test and Evaluation, shall submit 
to the congressional defense committees a report on the status 
of actions by the Army to mitigate all Stryker Mobile Gun System 
deficiencies. Each report shall include the following: 
(1) An explanation of the plan by the Army to mitigate 
all Stryker Mobile Gun System deficiencies. 
(2) The cost estimate for implementing each mitigating 
action, and the status of funding for each mitigating action. 
(3) An inventory of the Stryker Mobile Gun System vehicle 
fleet that specifies which mitigating actions have been imple-
mented. 
(4) An updated production and fielding schedule for Stryker 
Mobile Gun System vehicles required by the Army but not 
yet fielded as of the date of the report. 
(c) WAIVER AUTHORITY.—The Secretary of Defense may waive 
the limitation in subsection (a) if the Secretary— 
(1) determines that continued procurement of Stryker 
Mobile Gun System vehicles will provide a vital combat capa-
bility to the Armed Forces; and 
(2) submits to the congressional defense committees written 
notification of the waiver and a discussion of the reasons for 
the determination made under paragraph (1). 
Notification. 
Certification. 
Deadline. 
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122 STAT. 4376 
PUBLIC LAW 110–417—OCT. 14, 2008 
(d) STRYKER MOBILE GUN SYSTEM DEFICIENCIES DEFINED.— 
In this section, the term ‘‘Stryker Mobile Gun System deficiencies’’ 
means deficiencies of the Stryker Mobile Gun System specified 
in the memorandum by the Department of Defense titled ‘‘Stryker 
Mobile Gun System (MGS) Acquisition Decision Memorandum’’ and 
dated August 5, 2008. 
Subtitle C—Navy Programs 
SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. THEO-
DORE ROOSEVELT. 
(a) AMOUNT AUTHORIZED FROM SCN ACCOUNT.—Of the amount 
appropriated pursuant to the authorization of appropriations in 
section 102 or otherwise made available for shipbuilding, conver-
sion, and repair, Navy, for fiscal year 2009, $124,500,000 is avail-
able for the commencement 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 PAYMENTS.—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 appropriations for that purpose for that later fiscal year. 
SEC. 122. LITTORAL COMBAT SHIP (LCS) PROGRAM. 
Section 124 of the National Defense Authorization Act for fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3157), as amended by 
section 125 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 29), is further amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘post-2007 LCS ves-
sels’’ and inserting ‘‘post-2009 LCS vessels’’; and 
(B) in paragraph (3)— 
(i) in the paragraph heading, by striking ‘‘POST- 
2007 LCS VESSELS’’ and inserting ‘‘POST-2009 LCS VES-
SELS’’; and 
(ii) by striking ‘‘ ‘post-2007 LCS vessel’ ’’ and 
inserting ‘‘ ‘post-2009 LCS vessel’ ’’; 
(2) in subsection (b), by striking ‘‘post-2007 LCS vessels’’ 
and inserting ‘‘post-2009 LCS vessels’’; and 
(3) in subsection (c), by striking ‘‘post-2007 LCS vessels’’ 
and inserting ‘‘post-2009 LCS vessels’’. 
SEC. 123. REPORT ON F/A–18 PROCUREMENT COSTS, COMPARING 
MULTIYEAR TO ANNUAL. 
(a) IN GENERAL.—Not later than March 1, 2009, the Secretary 
of Defense shall submit to the congressional defense committees 
a report on F/A–18 procurement. The report shall include the fol-
lowing: 
(1) The number of F/A–18E/F and EA–18G aircraft pro-
grammed for procurement for fiscal years 2010 through 2015. 
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122 STAT. 4377 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) The estimated procurement costs for those aircraft, 
if procured through annual procurement contracts. 
(3) The estimated procurement costs for those aircraft, 
if procured through a multiyear procurement contract. 
(4) The estimated savings that could be derived from the 
procurement of those aircraft through a multiyear procurement 
contract, and whether the Secretary considers the amount of 
those savings to be substantial. 
(5) A discussion comparing the costs and benefits of 
obtaining those aircraft through annual procurement contracts 
with the costs and benefits of obtaining those aircraft through 
a multiyear procurement contract. 
(6) The recommendations of the Secretary regarding 
whether Congress should authorize a multiyear procurement 
contract for those aircraft. 
(b) CERTIFICATIONS REQUIRED.—If the Secretary recommends 
under subsection (a)(6) that Congress authorize a multiyear procure-
ment contract for the aircraft, the Secretary shall include in the 
report under subsection (a) the certifications required by section 
2306b of title 10, United States Code, to enable the award of 
a multiyear contract beginning with fiscal year 2010. 
SEC. 124. AUTHORITY FOR ADVANCED PROCUREMENT AND CONSTRUC-
TION OF COMPONENTS FOR THE VIRGINIA-CLASS SUB-
MARINE PROGRAM. 
Section 121 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 26) is amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) ADVANCE PROCUREMENT AND CONSTRUCTION OF COMPO-
NENTS.—The Secretary may enter into one or more contracts for 
advance procurement and advance construction of those components 
for the Virginia-class submarine program for which authorization 
to enter into a multiyear procurement contract is granted under 
subsection (a) if the Secretary determines that cost savings or 
construction efficiencies may be achieved for Virginia-class sub-
marines through the use of such contracts.’’. 
Subtitle D—Air Force Programs 
SEC. 131. MAINTENANCE OF RETIRED KC–135E AIRCRAFT. 
Section 135(b) of the John Warner National Defense Authoriza-
tion 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 74 of the KC–135E aircraft retired’’. 
SEC. 132. REPEAL OF MULTI-YEAR CONTRACT AUTHORITY FOR 
PROCUREMENT OF TANKER AIRCRAFT. 
Section 135 of the National Defense Authorization Act for Fiscal 
Year 2004 (10 U.S.C. 2401a note) is repealed. 
SEC. 133. REPORTS ON KC–(X) TANKER AIRCRAFT REQUIREMENTS. 
(a) REPORT REQUIRED.—Not later than March 1, 2009, the 
Secretary of Defense shall submit to the congressional defense 
committees a report regarding the competition for the KC-(X) tanker 
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122 STAT. 4378 
PUBLIC LAW 110–417—OCT. 14, 2008 
aircraft that was terminated on September 10, 2008. The report 
shall include the following: 
(1) An examination of original requirements for the KC– 
(X) tanker aircraft, including an explanation for the use of 
the KC–135R tanker aircraft as the baseline for the KC–(X) 
tanker aircraft. 
(2) A summary of commercial derivative or commercial 
off-the-shelf aircraft available as potential aerial refueling plat-
forms using aerial refueling capabilities (such as range, offload 
at range, and passenger and cargo capacity) in each of the 
following ranges: 
(A) Maximum gross take-off weight that is less than 
300,000 pounds. 
(B) Maximum gross take-off weight in the range from 
301,000 pounds maximum gross take-off weight to 550,000 
pound maximum gross take-off weight. 
(C) Maximum gross take-off weight in the range from 
551,000 pounds maximum gross take-off weight to 
1,000,000 pound maximum gross take-off weight. 
(D) Maximum gross take-off weight that is greater 
than 1,000,000 pounds. 
(b) REASSESSMENT REQUIRED.—The Secretary of Defense shall 
reassess the requirements for aerial refueling that were validated 
by the Joint Requirements Oversight Council on December 27, 
2006. Not later than 30 days after the reassessment, the Secretary 
shall submit to the congressional defense committees a report con-
taining the complete results of the reassessment. 
SEC. 134. F-22A FIGHTER AIRCRAFT. 
(a) AVAILABILITY OF FUNDS.—Subject to subsection (b), of the 
amount authorized to be appropriated for procurement of aircraft 
for the Air Force, $523,000,000 shall be available for advance 
procurement of F-22A fighter aircraft. 
(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING CERTIFI-
CATION.—Of the amounts appropriated pursuant to an authorization 
of appropriations in this Act or otherwise made available for fiscal 
year 2009 for advance procurement, Air Force, for the F-22A, not 
more than $140,000,000 may be obligated until 15 days after the 
certification required by subsection (c) is received by the congres-
sional defense committees. 
(c) CERTIFICATION.— 
(1) IN GENERAL.—Of the amount referred to in subsection 
(a), $383,000,000 shall not be available until the President 
certifies to the congressional defense committees that— 
(A) the procurement of F-22A fighter aircraft is in 
the national interest of the United States; or 
(B) the termination of the production line for F-22A 
fighter aircraft is in the national interest of the United 
States. 
(2) DATE OF SUBMITTAL.—Any certification submitted under 
this subsection may not be submitted before January 21, 2009, 
and must be submitted not later than March 1, 2009. 
Deadline. 
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122 STAT. 4379 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle E—Joint and Multiservice Matters 
SEC. 141. ANNUAL LONG-TERM PLAN FOR THE PROCUREMENT OF AIR-
CRAFT FOR THE NAVY AND THE AIR FORCE. 
(a) IN GENERAL.—Chapter 9 of title 10, United States Code, 
is amended by inserting after section 231 the following new section: 
‘‘§ 231a. Budgeting for procurement of aircraft for the Navy 
and Air Force: annual plan and certification 
‘‘(a) ANNUAL
AIRCRAFT
PROCUREMENT
PLAN
AND
CERTIFI-
CATION.—The Secretary of Defense shall include with the defense 
budget materials for each fiscal year— 
‘‘(1) a plan for the procurement of the aircraft specified 
in subsection (b) for the Department of the Navy and the 
Department of the Air Force developed in accordance with 
this section; and 
‘‘(2) a certification by the Secretary that both the budget 
for such fiscal year and the future-years defense program sub-
mitted to Congress in relation to such budget under section 
221 of this title provide for funding of the procurement of 
aircraft at a level that is sufficient for the procurement of 
the aircraft provided for in the plan under paragraph (1) on 
the schedule provided in the plan. 
‘‘(b) COVERED AIRCRAFT.—The aircraft specified in this sub-
section are the aircraft as follows: 
‘‘(1) Fighter aircraft. 
‘‘(2) Attack aircraft. 
‘‘(3) Bomber aircraft. 
‘‘(4) Strategic lift aircraft. 
‘‘(5) Intratheater lift aircraft. 
‘‘(6) Intelligence, surveillance, and reconnaissance aircraft. 
‘‘(7) Tanker aircraft. 
‘‘(8) Any other major support aircraft designated by the 
Secretary of Defense for purposes of this section. 
‘‘(c) ANNUAL AIRCRAFT PROCUREMENT PLAN.—(1) The annual 
aircraft procurement plan developed for a fiscal year for purposes 
of subsection (a)(1) should be designed so that the aviation force 
provided for under the plan is capable of supporting the national 
security strategy of the United States as set forth in the most 
recent national security strategy report of the President under 
section 108 of the National Security Act of 1947 (50 U.S.C. 404a), 
except that, if at the time the plan is submitted with the defense 
budget materials for that fiscal year, a national security strategy 
report required under such section 108 has not been submitted 
to Congress as required by paragraph (2) or paragraph (3), if 
applicable, of subsection (a) of such section, then the plan should 
be designed so that the aviation force provided for under the plan 
is capable of supporting the aviation force structure recommended 
in the report of the most recent Quadrennial Defense Review. 
‘‘(2) Each annual aircraft procurement plan shall include the 
following: 
‘‘(A) A detailed program for the procurement of the aircraft 
specified in subsection (b) for each of the Department of the 
Navy and the Department of the Air Force over the next 30 
fiscal years. 
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122 STAT. 4380 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(B) A description of the necessary aviation force structure 
to meet the requirements of the national security strategy 
of the United States or the most recent Quadrennial Defense 
Review, whichever is applicable under paragraph (1). 
‘‘(C) The estimated levels of annual funding necessary to 
carry out the program, together with a discussion of the 
procurement strategies on which such estimated levels of 
annual funding are based. 
‘‘(D) An assessment by the Secretary of Defense of the 
extent to which the combined aircraft forces of the Department 
of the Navy and the Department of the Air Force meet the 
national security requirements of the United States. 
‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCUREMENT BUDGET IS 
INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.—If the budget 
for a fiscal year provides for funding of the procurement of aircraft 
for either the Department of the Navy or the Department of the 
Air Force at a level that is not sufficient to sustain the aviation 
force structure specified in the aircraft procurement plan for such 
Department for that fiscal year under subsection (a), the Secretary 
shall include with the defense budget materials for that fiscal 
year an assessment that describes and discusses the risks associated 
with the reduced force structure of aircraft that will result from 
funding aircraft procurement at such level. Such assessment shall 
be coordinated in advance with the commanders of the combatant 
commands. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’, with respect to a fiscal year, means 
the budget for that fiscal year that is submitted to Congress 
by the President under section 1105(a) of title 31. 
‘‘(2) The term ‘defense budget materials’, with respect to 
a fiscal year, means the materials submitted to Congress by 
the Secretary of Defense in support of the budget for that 
fiscal year. 
‘‘(3) The term ‘Quadrennial Defense Review’ means the 
review of the defense programs and policies of the United 
States that is carried out every 4 years under section 118 
of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 9 of such title is amended by inserting after the 
item relating to section 231 the following new item: 
‘‘231a. Budgeting for procurement of aircraft for the Navy and Air Force: annual 
plan and certification.’’. 
SEC. 142. REPORT ON BODY ARMOR ACQUISITION STRATEGY. 
Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report that provides— 
(1) a survey and assessment of the capabilities, capacities, 
and risks of the domestic industrial base of the United States, 
including critical subcontractor suppliers, in meeting the 
requirements of the military departments for body armor during 
the 20 years following the date of the report; 
(2) an assessment of the long-term maintenance require-
ments of the body armor industrial base in the United States; 
(3) an assessment of body armor and related research, 
development, and acquisition objectives, priorities, and funding 
profiles for— 
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122 STAT. 4381 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) advances in the level of protection; 
(B) weight reduction; and 
(C) manufacturing productivity; 
(4) an assessment of the feasibility and advisability of 
establishing a separate, dedicated procurement line item for 
the acquisition of body armor and associated components for 
fiscal year 2011 and for each fiscal year thereafter; 
(5) an assessment of the feasibility and advisability of 
establishing an executive agent for the acquisition of body 
armor and associated components for the military departments 
beginning in fiscal year 2011; and 
(6) an assessment of existing initiatives used by the mili-
tary departments to manage or execute body armor programs, 
including the Cross-Service Warfighter Equipment Board, the 
Joint Clothing and Textiles Governance Board, and advanced 
planning briefings for industry. 
SEC. 143. SMALL ARMS ACQUISITION STRATEGY AND REQUIREMENTS 
REVIEW. 
(a) SECRETARY OF DEFENSE REPORT.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a report on 
the small arms requirements of the Armed Forces and the industrial 
base of the United States. The report shall include the following: 
(1) An assessment of Department of Defense-wide small 
arms requirements in terms of capabilities and quantities, 
based on an analysis of the small arms capability assessments 
of each military department. 
(2) An assessment of plans for small arms research, 
development, and acquisition programs to meet the require-
ments identified under paragraph (1). 
(3) An assessment of capabilities, capacities, and risks in 
the small arms industrial base of the United States to meet 
the requirements of the Department of Defense for pistols, 
carbines, rifles, and light, medium, and heavy machine guns 
during the 20 years following the date of the report. 
(4) An assessment of the costs, benefits, and risks of full 
and open competition for the procurement of non-developmental 
pistols and carbines that are not technically compatible with 
the M9 pistol or M4 carbine to meet the requirements identified 
under paragraph (1). 
(b) COMPETITION FOR A NEW INDIVIDUAL WEAPON.— 
(1) COMPETITION REQUIRED.—If the small arms capabilities 
based assessments by the Army identifies gaps in small arms 
capabilities and the Secretary of the Army determines that 
a new individual weapon is required to address such gaps, 
the Secretary shall procure the new individual weapon using 
full and open competition as described in paragraph (2). 
(2) FULL AND OPEN COMPETITION.—The full and open com-
petition described in this paragraph is competition among all 
responsible manufacturers that— 
(A) is open to all developmental item solutions and 
non-developmental item solutions; and 
(B) provides for the award of a contract based on 
selection criteria that reflect the key performance param-
eters and attributes identified in a service requirements 
document approved by the Army. 
10 USC 2304 
note. 
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122 STAT. 4382 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) SMALL ARMS DEFINED.—In this section, the term ‘‘small 
arms’’— 
(1) means man-portable or vehicle-mounted light weapons, 
designed primarily for use by individual military personnel 
for anti-personnel use; and 
(2) includes pistols, carbines, rifles, and light, medium, 
and heavy machine guns. 
SEC. 144. REQUIREMENT FOR COMMON GROUND STATIONS AND PAY-
LOADS FOR MANNED AND UNMANNED AERIAL VEHICLE 
SYSTEMS. 
(a) POLICY AND ACQUISITION STRATEGY REQUIRED.—The Sec-
retary of Defense, in consultation with the Chairman of the Joint 
Chiefs of Staff, shall establish a policy and an acquisition strategy 
for intelligence, surveillance, and reconnaissance payloads and 
ground stations for manned and unmanned aerial vehicle systems. 
The policy and acquisition strategy shall be applicable throughout 
the Department of Defense and shall achieve integrated research, 
development, test, and evaluation, and procurement commonality. 
(b) OBJECTIVES.—The policy and acquisition strategy required 
by subsection (a) shall have the following objectives: 
(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, nuclear, explosive 
detection; and 
(I) national airspace operations avionics or sensors, 
or both. 
(2) Commonality of ground system architecture by vehicle 
class. 
(3) Common management of vehicle and payloads procure-
ment. 
(4) Ground station interoperability standardization. 
(5) Maximum use of commercial standard hardware and 
interfaces. 
(6) Open architecture software. 
(7) Acquisition of technical data rights in accordance with 
section 2320 of title 10, United States Code. 
(8) Acquisition of vehicles, payloads, and ground stations 
through competitive procurement. 
(9) Common standards for exchange of data and metadata. 
(c) AFFECTED SYSTEMS.—For the purposes of this section, the 
Secretary shall establish manned and unmanned aerial vehicle 
classes for all intelligence, surveillance, and reconnaissance pro-
grams of record based on factors such as vehicle weight, payload 
capacity, and mission. 
(d) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees, the Permanent Select Committee on 
Intelligence of the House of Representatives, and the Select Com-
mittee on Intelligence of the Senate a report containing— 
10 USC 113 note. 
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122 STAT. 4383 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) the policy required by subsection (a); and 
(2) the acquisition strategy required by subsection (a). 
SEC. 145. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS 
OF THE NAVY. 
Not later than 120 days after the date of the enactment of 
this Act, the Secretary of the Navy shall submit to the congressional 
defense committees a report on future jet carrier trainer require-
ments. In addressing such requirements, the report shall include 
a plan based on the following: 
(1) Studies conducted by independent organizations con-
cerning future jet carrier trainer requirements. 
(2) The results of a cost-benefit analysis comparing the 
creation of a new jet carrier trainer program with the modifica-
tion of the current jet carrier trainer program in order to 
fulfill future jet carrier trainer requirements. 
TITLE II—RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Sec. 202. Amount for defense science and technology. 
Subtitle B—Program Requirements, Restrictions, and Limitations 
Sec. 211. Additional determinations to be made as part of Future Combat Systems 
milestone review. 
Sec. 212. Analysis of Future Combat Systems communications network and soft-
ware. 
Sec. 213. Future Combat Systems manned ground vehicle Selected Acquisition Re-
ports. 
Sec. 214. Separate procurement and research, development, test, and evaluation 
line items and program elements for Sky Warrior Unmanned Aerial 
Systems project. 
Sec. 215. Restriction on obligation of funds for the Warfighter Information Net-
work–Tactical program. 
Sec. 216. Limitation on source of funds for certain Joint Cargo Aircraft expendi-
tures. 
Sec. 217. Requirement for plan on overhead nonimaging infrared systems. 
Sec. 218. Advanced energy storage technology and manufacturing. 
Sec. 219. Mechanisms to provide funds for defense laboratories for research and de-
velopment of technologies for military missions. 
Sec. 220. Requirements for certain airborne intelligence collection systems. 
Sec. 221. Limitation on obligation of funds for Enhanced AN/TPQ–36 radar system 
pending submission of report. 
Subtitle C—Missile Defense Programs 
Sec. 231. Annual Director of Operational Test and Evaluation characterization of 
operational effectiveness, suitability, and survivability of the ballistic 
missile defense system. 
Sec. 232. Independent study of boost-phase missile defense. 
Sec. 233. Limitation on availability of funds for procurement, construction, and de-
ployment of missile defenses in Europe. 
Sec. 234. Review of the ballistic missile defense policy and strategy of the United 
States. 
Sec. 235. Airborne Laser System. 
Sec. 236. Activation and deployment of AN/TPY–2 forward-based X-band radar. 
Subtitle D—Reports 
Sec. 241. Biennial reports on joint and service concept development and experimen-
tation. 
Sec. 242. Report on participation of the historically black colleges and universities 
and minority-serving institutions in research and educational programs 
and activities of the Department of Defense. 
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122 STAT. 4384 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 243. Report on Department of Defense response to findings and recommenda-
tions of the Defense Science Board Task Force on Directed Energy 
Weapons. 
Subtitle E—Other Matters 
Sec. 251. Modification of systems subject to survivability testing oversight by the 
Director of Operational Test and evaluation. 
Sec. 252. Technology-neutral information technology guidelines and standards to 
support fully interoperable electronic personal health information for 
the Department of Defense and Department of Veterans Affairs. 
Sec. 253. Assessment of technology transition programs and repeal of reporting re-
quirement. 
Sec. 254. Trusted defense systems. 
Sec. 255. Capabilities-based assessment to outline a joint approach for future devel-
opment of vertical lift aircraft and rotorcraft. 
Sec. 256. Executive agent for printed circuit board technology. 
Sec. 257. Review of conventional prompt global strike technology applications and 
concepts. 
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, develop-
ment, test, and evaluation as follows: 
(1) For the Army, $10,943,840,000. 
(2) For the Navy, $19,345,603,000. 
(3) For the Air Force, $26,289,508,000. 
(4) For Defense-wide activities, $21,131,501,000, of which 
$188,772,000 is authorized for the Director of Operational Test 
and Evaluation. 
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY. 
(a) FISCAL YEAR 2009.—Of the amounts authorized to be appro-
priated by section 201, $11,799,660,000 shall be available for the 
Defense Science and Technology Program, including basic research, 
applied research, and advanced technology development projects. 
(b) BASIC RESEARCH, APPLIED RESEARCH, AND ADVANCED TECH-
NOLOGY DEVELOPMENT DEFINED.—For purposes of this section, the 
term ‘‘basic research, applied research, and advanced technology 
development’’ means work funded in programs elements for defense 
research and development under Department of Defense budget 
activity 1, 2, or 3. 
Subtitle B—Program Requirements, 
Restrictions, and Limitations 
SEC. 211. ADDITIONAL DETERMINATIONS TO BE MADE AS PART OF 
FUTURE COMBAT SYSTEMS MILESTONE REVIEW. 
Section 214(b) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2123) 
is amended by striking paragraphs (4) through (6) and inserting 
the following new paragraphs: 
‘‘(4) Whether actual demonstrations, rather than simula-
tions, have shown that the software for the program is on 
a path to achieve threshold requirements on cost and schedule. 
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122 STAT. 4385 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(5) Whether the program’s planned major communications 
network demonstrations are sufficiently complex and realistic 
to inform major program decision points. 
‘‘(6) The extent to which Future Combat Systems manned 
ground vehicle survivability is likely to be reduced in a 
degraded Future Combat Systems communications 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 is capable of withstanding network 
attack, jamming, or other interference. 
‘‘(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 the cost estimate 
referred to in paragraph (9).’’. 
SEC. 212. ANALYSIS OF FUTURE COMBAT SYSTEMS COMMUNICATIONS 
NETWORK AND SOFTWARE. 
(a) REPORT REQUIRED.—Not later than September 30, 2009, 
the Assistant Secretary of Defense for Networks and Information 
Integration shall submit to the congressional defense committees 
a report on the Future Combat Systems communications network 
and software. The report shall include the following: 
(1) An assessment of the vulnerability of the Future Com-
bat Systems communications network and software to enemy 
network attack, in particular the effect of the use of significant 
amounts of commercial software in Future Combat Systems 
software. 
(2) An assessment of the vulnerability of the Future Com-
bat Systems communications network to electronic warfare, 
jamming, and other potential enemy interference. 
(3) An assessment of the vulnerability of the Future Com-
bat Systems communications network to adverse weather and 
complex terrain. 
(4) An assessment of the Future Combat Systems commu-
nication network’s dependence on satellite communications sup-
port, and an assessment of the network’s performance in the 
absence of assumed levels of satellite communications support. 
(5) An assessment of the performance of the Future Combat 
Systems communications network when operating in a 
degraded condition due to the factors analyzed in paragraphs 
(1), (2), (3), and (4), and how such a degraded network environ-
ment would affect the performance of Future Combat Systems 
brigades and the survivability of Future Combat Systems 
manned ground vehicles. 
(6) An assessment, developed in coordination with the 
Director of Operational Test and Evaluation, of the adequacy 
of the Future Combat Systems communications network testing 
schedule. 
(7) An assessment, developed in coordination with the 
Director of Operational Test and Evaluation, of the synchroni-
zation of the funding, schedule, and technology maturity of 
the Warfighter Information Network-Tactical and Joint Tactical 
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122 STAT. 4386 
PUBLIC LAW 110–417—OCT. 14, 2008 
Radio System programs in relation to the Future Combat Sys-
tems program, including any planned Future Combat Systems 
spin outs. 
(b) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex. 
SEC. 213. FUTURE COMBAT SYSTEMS MANNED GROUND VEHICLE 
SELECTED ACQUISITION REPORTS. 
(a) REPORT REQUIRED.—Not later than February 15 of each 
of the years 2009 through 2015, the Secretary of the Army shall 
submit a Selected Acquisition Report under section 2432 of title 
10, United States Code, to Congress for each Future Combat Sys-
tems manned ground vehicle variant. 
(b) REQUIRED ELEMENTS.—Each report required by subsection 
(a) shall include the same information required in comprehensive 
annual Selected Acquisition Reports under section 2432(c) of title 
10, United States Code. 
(c) DEFINITION.—In this section, the term ‘‘manned ground 
vehicle variant’’ means— 
(1) the eight distinct variants of manned ground vehicles 
designated on pages seven and eight of the Future Combat 
Systems Selected Acquisition Report of the Department of 
Defense dated December 31, 2007; and 
(2) any additional manned ground vehicle variants des-
ignated in Future Combat Systems Acquisition Reports of the 
Department of Defense after the date of the enactment of 
this Act. 
SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT, 
TEST, AND EVALUATION LINE ITEMS AND PROGRAM ELE-
MENTS 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 annual budget 
submission of the Department of Defense to the President, within 
both the account for procurement and the account for research, 
development, test, and evaluation, a separate, dedicated line item 
and program element is designated for the Sky Warrior Unmanned 
Aerial Systems project, to the extent such accounts include funding 
for such project. 
SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS FOR THE 
WARFIGHTER INFORMATION NETWORK–TACTICAL PRO-
GRAM. 
(a) NOTIFICATION REQUIRED.—Not later than five days after 
the completion of all actions described in subsection (b), the Under 
Secretary of Defense for Acquisition, Technology, and Logistics shall 
submit to the congressional defense committees notice in writing 
of such completion. 
(b) COVERED ACTIONS.—An action described in this subsection 
is any of the following: 
(1) Approval by the Under Secretary of a new acquisition 
program baseline for the Warfighter Information Network–Tac-
tical Increment 3 program (in this section referred to as the 
‘‘WIN-T Increment 3 program’’). 
(2) Completion of the independent cost estimate for the 
WIN–T Increment 3 program by the Cost Analysis Improvement 
Deadline. 
Effective dates. 
10 USC 221 note. 
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122 STAT. 4387 
PUBLIC LAW 110–417—OCT. 14, 2008 
Group, as required by the June 5, 2007, recertification by 
the Under Secretary. 
(3) Completion of the technology readiness assessment of 
the WIN–T Increment 3 program by the Director, Defense 
Research and Engineering, as required by the June 5, 2007, 
recertification by the Under Secretary. 
(c) RESTRICTION ON OBLIGATION OF FUNDS PENDING NOTIFICA-
TION.—Of the amounts appropriated pursuant 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–T Increment 3 program, not more than 50 percent 
of those amounts may be obligated or expended until 15 days 
after the date on which 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. 
(a) LIMITATION.—Of the amounts appropriated pursuant to an 
authorization of appropriations in this Act or otherwise made avail-
able for fiscal year 2009 or any fiscal year thereafter for the Army 
or the Air Force, the Secretary of the Army and the Secretary 
of the Air Force may fund relevant expenditures for the Joint 
Cargo Aircraft only through amounts made available for procure-
ment or for research, development, test, and evaluation. 
(b) RELEVANT EXPENDITURES FOR THE JOINT CARGO AIRCRAFT 
DEFINED.—In this section, the term ‘‘relevant expenditures for the 
Joint Cargo Aircraft’’ means expenditures relating to— 
(1) support equipment; 
(2) initial spares; 
(3) training simulators; 
(4) systems engineering and management; and 
(5) post-production modifications. 
SEC. 217. REQUIREMENT FOR PLAN ON OVERHEAD NONIMAGING 
INFRARED SYSTEMS. 
(a) IN GENERAL.—The Secretary of Defense, in consultation 
with the Director of National Intelligence, shall develop a com-
prehensive plan to conduct and support research, development, 
and demonstration of technologies that could evolve into the next 
generation of overhead nonimaging infrared systems. 
(b) ELEMENTS.—The plan required by subsection (a) shall 
include the following: 
(1) The research objectives to be achieved under the plan. 
(2) A description of the research, development, and dem-
onstration activities under the plan. 
(3) An estimate of the duration of the research, develop-
ment, and demonstration of technologies under the plan. 
(4) The cost and duration of any flight or on-orbit dem-
onstrations of the technologies being developed. 
(5) A plan for implementing any acquisition programs with 
respect to technologies determined to be successful under the 
plan. 
(6) An identification of the date by which a decision must 
be made to begin any follow-on programs and a justification 
for the date identified. 
(7) A schedule for completion of a full analysis of the 
on-orbit 
performance 
characteristics 
of 
the 
Space-Based 
Infrared System and the Space Tracking and Surveillance 
10 USC 2241 
note. 
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122 STAT. 4388 
PUBLIC LAW 110–417—OCT. 14, 2008 
System, and an assessment of how the performance characteris-
tics of such systems will inform the decision to proceed to 
a next generation overhead nonimaging infrared system. 
(c) LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS 
FOR THIRD GENERATION INFRARED SURVEILLANCE PROGRAM.—Not 
more than 50 percent of the amounts authorized to be appropriated 
for fiscal year 2009 by section 201(3) for research, development, 
test, and evaluation for the Air Force and available for the Third 
Generation Infrared Surveillance program may be obligated or 
expended until the date that is 30 days after the date on which 
the Secretary submits to Congress the plan required by subsection 
(a). 
SEC. 218. ADVANCED ENERGY STORAGE TECHNOLOGY AND MANUFAC-
TURING. 
(a) ROADMAP REQUIRED.—The Secretary of Defense, acting 
through the Director of Defense Research and Engineering, the 
Deputy Under Secretary of Defense for Industrial Policy, and service 
acquisition executives, shall, in coordination with the Secretary 
of Energy, develop a multi-year roadmap to develop advanced 
energy storage technologies and sustain domestic advanced energy 
storage technology manufacturing capabilities and an assured 
supply chain necessary to ensure that the Department of Defense 
has assured access to advanced energy storage technologies to sup-
port current military requirements and emerging military needs. 
(b) ELEMENTS.—The roadmap required by subsection (a) shall 
include, but not be limited to, the following: 
(1) An identification of current and future capability gaps, 
performance enhancements, cost savings goals, and assured 
technology access goals that require advances in energy storage 
technology and manufacturing capabilities. 
(2) Specific research, technology, and manufacturing goals 
and milestones, and timelines and estimates of funding nec-
essary for achieving such goals and milestones. 
(3) A summary of applications for energy storage tech-
nologies by the Department of Defense and, for each type 
of application, an assessment of the demand for such tech-
nologies, in terms of quantity and military need. 
(4) Specific mechanisms for coordinating the activities of 
Federal agencies, State and local governments, coalition part-
ners, private industry, and academia covered by the roadmap. 
(5) Such other matters as the Secretary of Defense and 
the Secretary of Energy consider appropriate for purposes of 
the roadmap. 
(c) COORDINATION.— 
(1) IN GENERAL.—The roadmap required by subsection (a) 
shall be developed in coordination with the military depart-
ments, appropriate Defense Agencies and other elements and 
organizations of the Department of Defense, other appropriate 
Federal, State, and local government organizations, and appro-
priate representatives of private industry and academia. 
(2) DEPARTMENT OF DEFENSE SUPPORT.—The Secretary of 
Defense shall ensure that appropriate elements and organiza-
tions of the Department of Defense provide such information 
and other support as is required for the development of the 
roadmap. 
Deadline. 
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122 STAT. 4389 
PUBLIC LAW 110–417—OCT. 14, 2008 
(d) SUBMITTAL TO CONGRESS.—The Secretary of Defense shall 
submit to the congressional defense committees the roadmap 
required by subsection (a) not later than one year after the date 
of the enactment of this Act. 
(e) ADVANCED
ENERGY
STORAGE
TECHNOLOGY
INITIATIVE 
INVESTMENT SUMMARY.—Not later than 6 months after the date 
of enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on the expendi-
tures for energy storage technologies within the Department of 
Defense, Defense Agencies, and military departments, for fiscal 
years 2008 and 2009 and the projected expenditures for such tech-
nologies for fiscal year 2010. 
SEC. 219. MECHANISMS TO PROVIDE FUNDS FOR DEFENSE LABORA-
TORIES FOR RESEARCH AND DEVELOPMENT OF TECH-
NOLOGIES FOR MILITARY MISSIONS. 
(a) MECHANISMS TO PROVIDE FUNDS.— 
(1) IN GENERAL.—The Secretary of Defense, in consultation 
with the Secretaries of the military departments, shall establish 
mechanisms under which the director of a defense laboratory 
may use an amount of funds equal to not more than three 
percent of all funds available to the defense laboratory for 
the following purposes: 
(A) To fund innovative basic and applied research that 
is conducted at the defense laboratory and supports mili-
tary missions. 
(B) To fund development programs that support the 
transition of technologies developed by the defense labora-
tory into operational use. 
(C) To fund workforce development activities that 
improve the capacity of the defense laboratory to recruit 
and retain personnel with needed scientific and engineering 
expertise. 
(2) CONSULTATION
REQUIRED.—The mechanisms estab-
lished under paragraph (1) shall provide that funding shall 
be used under paragraph (1) at the discretion of the director 
of a defense laboratory in consultation with the science and 
technology executive of the military department concerned. 
(b) ANNUAL REPORT ON USE OF AUTHORITY.— 
(1) IN GENERAL.—Not later than March 1 of each year, 
the Secretary of Defense shall submit to the congressional 
defense committees a report on the use of the authority under 
subsection (a) during the preceding year. 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include, with respect to the year covered by such report, the 
following: 
(A) A description of the mechanisms used to provide 
funding under subsection (a)(1). 
(B) A statement of the amount of funding made avail-
able to each defense laboratory for research described under 
such subsection. 
(C) A description of the investments made by each 
defense laboratory using funds under such subsection. 
(D) A description and assessment of any improvements 
in the performance of the defense laboratories as a result 
of investments under such subsection. 
10 USC 2358 
note. 
Deadline. 
Reports. 
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122 STAT. 4390 
PUBLIC LAW 110–417—OCT. 14, 2008 
(E) A description and assessment of the contributions 
to the development of needed military capabilities provided 
by research using funds under such subsection. 
(F) A description of any modification to the mechanisms 
under subsection (a) that would improve the efficacy of 
the authority under such subsection to support military 
missions. 
(c) SUNSET.—The authority under subsection (a) shall expire 
on October 1, 2013. 
SEC. 220. REQUIREMENTS FOR CERTAIN AIRBORNE INTELLIGENCE 
COLLECTION SYSTEMS. 
(a) IN GENERAL.—Except as provided pursuant to subsection 
(b), effective as of October 1, 2012, each airborne intelligence collec-
tion system of the Department of Defense that is connected to 
the Distributed Common Ground/Surface System shall have the 
capability to operate with the Network-Centric Collaborative Tar-
geting System. 
(b) EXCEPTIONS.—The requirement in subsection (a) with 
respect to a particular airborne intelligence collection system may 
be waived by the Chairman of the Joint Requirements Oversight 
Council under section 181 of title 10, United States Code. Waivers 
under this subsection shall be made on a case-by-case basis. 
SEC. 221. LIMITATION ON OBLIGATION OF FUNDS FOR ENHANCED 
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 unobligated as of the date of the enactment of this 
Act may be obligated until the Secretary of the Army submits 
to the congressional defense committees a report describing the 
plan to transition the Counter-Rockets, Artillery, and Mortars pro-
gram to a program of record. 
Subtitle C—Missile Defense Programs 
SEC. 231. ANNUAL DIRECTOR OF OPERATIONAL TEST AND EVALUA-
TION CHARACTERIZATION OF OPERATIONAL EFFECTIVE-
NESS, SUITABILITY, AND SURVIVABILITY OF THE BAL-
LISTIC MISSILE DEFENSE SYSTEM. 
(a) ANNUAL CHARACTERIZATION.—Section 232(h) of the National 
Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 
note) is amended— 
(1) by redesignating paragraph (2) as paragraph (3); 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) The Director of Operational Test and Evaluation shall 
also each year characterize the operational effectiveness, suitability, 
and survivability of the ballistic missile defense system, and its 
elements, that have been fielded or tested before the end of the 
preceding fiscal year.’’; and 
(3) in paragraph (3), as redesignated by paragraph (1) 
of this subsection, by inserting ‘‘and the characterization under 
paragraph (2)’’ after ‘‘the assessment under paragraph (1)’’. 
Effective date. 
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122 STAT. 4391 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) CONFORMING AMENDMENT.—The heading of such section 
is amended to read as follows: ‘‘ANNUAL OT&E ASSESSMENT AND 
CHARACTERIZATION OF CERTAIN BALLISTIC MISSILE DEFENSE MAT-
TERS.—’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2008, and shall apply with respect 
to fiscal years beginning on or after that date. 
SEC. 232. INDEPENDENT STUDY OF BOOST-PHASE MISSILE DEFENSE. 
(a) STUDY.—Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall enter into an 
agreement with the National Academy of Sciences to conduct an 
independent study of concepts and systems for boost-phase missile 
defense. 
(b) ELEMENTS.— 
(1) CONTENT.—The study required by subsection (a) shall 
address the following: 
(A) The extent to which boost-phase missile defense 
is technically feasible and practical. 
(B) Whether any demonstration efforts by the Depart-
ment of Defense of boost-phase missile defense technology 
existing as of the date of the study (including the Airborne 
Laser and the Kinetic Energy Interceptor) have a high 
probability of performing a boost-phase missile defense mis-
sion in an operationally effective, suitable, and survivable 
manner. 
(2) SYSTEMS TO BE EXAMINED.—The study required by sub-
section (a) shall examine each of the following systems: 
(A) The Airborne Laser. 
(B) The Kinetic Energy Interceptor (land-based and 
sea-based options). 
(C) Other existing boost-phase technology demonstra-
tion programs. 
(3) FACTORS TO BE EVALUATED.—The study shall evaluate 
each system identified in paragraph (2) based on the following 
factors: 
(A) Technical capability of the system against scenarios 
identified in paragraph (4). 
(B) Operational issues, including operational effective-
ness. 
(C) The results of key milestone tests conducted prior 
to preparation of the report under subsection (c). 
(D) Survivability. 
(E) Suitability. 
(F) Concept of operations, including basing consider-
ations. 
(G) Operations and maintenance support. 
(H) Command and control considerations, including 
timelines for detection, decision-making, and engagement. 
(I) Shortfall from intercepts. 
(J) Force structure requirements. 
(K) Effectiveness against countermeasures. 
(L) Estimated cost of sustaining the system in the 
field. 
(M) Reliability, availability, and maintainability. 
Deadline. 
Contracts. 
10 USC 2431 
note. 
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122 STAT. 4392 
PUBLIC LAW 110–417—OCT. 14, 2008 
(N) Geographic considerations, including limitations on 
the ability to deploy systems within operational range of 
potential targets. 
(O) Cost and cost-effectiveness, including total lifecycle 
cost estimates. 
(4) SCENARIOS TO BE ASSESSED.—The study shall include 
an assessment of each system identified in paragraph (2) 
regarding the performance and operational capabilities of the 
system— 
(A) to counter short-range, medium-range, and inter-
mediate-range ballistic missile threats from rogue states 
to the deployed forces of the United States and its allies; 
and 
(B) to defend the territory of the United States against 
limited ballistic missile attack. 
(5) COMPARISON
WITH
NON-BOOST
SYSTEMS.—The study 
shall include an assessment of the performance and operational 
capabilities of non-boost missile defense systems to counter 
the scenarios identified in paragraph (4). The results under 
this paragraph shall be compared to the results under para-
graph (4). For purposes of this paragraph, non-boost missile 
defense systems include— 
(A) the Patriot PAC–3 system and the Medium 
Extended Air Defense System follow-on system; 
(B) the Aegis Ballistic Missile Defense system, with 
all variants of the Standard Missile-3 interceptor; 
(C) the Terminal High Altitude Area Defense system; 
and 
(D) the Ground-based Midcourse Defense system. 
(c) REPORT.— 
(1) IN GENERAL.—Upon the completion of the study required 
by subsection (a), but not later than October 31, 2010, the 
National Academy of Sciences shall submit to the Secretary 
of Defense and the congressional defense committees a report 
on the study. The report shall include such recommendations 
regarding the future direction of the boost-phase ballistic mis-
sile defense programs of the United States as the Academy 
considers appropriate. 
(2) FORM.—The report under paragraph (1) shall be sub-
mitted to the congressional defense committees in unclassified 
form, but may include a classified annex. 
(d) FUNDING.—Of the funds appropriated pursuant to the 
authorization of appropriations in section 201(4) for research, 
development, test, and evaluation, Defense-wide, and available for 
the Missile Defense Agency, $3,500,000 may be available to conduct 
the study required by subsection (a). 
(e) COOPERATION FROM GOVERNMENT.—In carrying out the 
study, the National Academy of Sciences shall receive the full 
and timely cooperation of the Secretary of Defense and any other 
Federal Government official in providing the Academy with anal-
yses, briefings, and other information necessary for the fulfillment 
of its responsibilities. 
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122 STAT. 4393 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 233. LIMITATION ON AVAILABILITY OF FUNDS FOR PROCURE-
MENT, CONSTRUCTION, AND DEPLOYMENT OF MISSILE 
DEFENSES IN EUROPE. 
(a) GENERAL LIMITATION.—No funds authorized to be appro-
priated 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, construc-
tion, preparation of equipment for, or deployment of a long-range 
missile defense system in Europe until the following conditions 
have been met: 
(1) In the case of the proposed midcourse radar element 
of such missile defense system, the host nation has signed 
and ratified the missile defense basing agreement and status 
of forces agreement that allow for the stationing in such nation 
of the radar and personnel to carry out the proposed deploy-
ment. 
(2) In the case of the proposed long-range missile defense 
interceptor site element of such missile defense system— 
(A) the condition in paragraph (1) has been met; and 
(B) the host nation has signed and ratified the missile 
defense basing agreement and status of forces agreement 
that allow for the stationing in such nation of the inter-
ceptor site and personnel to carry out the proposed deploy-
ment. 
(3) In the case of either element of such missile defense 
system described in paragraph (1) or (2), 45 days have elapsed 
following the receipt by the congressional defense committees 
of the report required by section 226(c)(6) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 42). 
(b) ADDITIONAL LIMITATION.—In addition to the limitation in 
subsection (a), no funds authorized to be appropriated by this Act 
or otherwise made available for the Department of Defense for 
fiscal year 2009 may be obligated or expended for the acquisition 
(other than initial long-lead procurement) or deployment of oper-
ational 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 Evaluation, submits to the congres-
sional defense committees a report certifying that the proposed 
interceptor to be deployed as part of such missile defense system 
has demonstrated, 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 activi-
ties 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. 
SEC. 234. REVIEW OF THE BALLISTIC MISSILE DEFENSE POLICY AND 
STRATEGY OF THE UNITED STATES. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct 
a review of the ballistic missile defense policy and strategy of 
the United States. 
(b) ELEMENTS.—The matters addressed by the review required 
by subsection (a) shall include the following: 
Reports. 
Certification. 
10 USC 2431 
note. 
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122 STAT. 4394 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) The ballistic missile defense policy of the United States 
in relation to the overall national security policy of the United 
States. 
(2) The ballistic missile defense strategy and objectives 
of the United States in relation to the national security strategy 
of the United States and the military strategy of the United 
States. 
(3) The ballistic missile threat to the United States, 
deployed forces of the United States, and friends and allies 
of the United States from short, medium, intermediate, and 
long-range ballistic missile threats. 
(4) The organization, discharge, and oversight of acquisition 
for the ballistic missile defense programs of the United States. 
(5) The roles and responsibilities of the Office of the Sec-
retary of Defense, defense agencies, combatant commands, the 
Joint Chiefs of Staff, and the military departments in such 
programs. 
(6) The process for determining requirements for missile 
defense capabilities under such programs, including input from 
the joint military requirements process. 
(7) The process for determining the force structure and 
inventory objectives for such programs. 
(8) Standards for the military utility, operational effective-
ness, suitability, and survivability of the ballistic missile 
defense systems of the United States. 
(9) The method in which resources for the ballistic missile 
defense mission are planned, programmed, and budgeted within 
the Department of Defense. 
(10) The near-term and long-term affordability and cost- 
effectiveness of such programs. 
(11) The objectives, requirements, and standards for test 
and evaluation with respect to such programs. 
(12) Accountability, transparency, and oversight with 
respect to such programs. 
(13) The role of international cooperation on missile defense 
in the ballistic missile defense policy and strategy of the United 
States. 
(14) Any other matters the Secretary determines relevant. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than January 31, 2010, the 
Secretary shall submit to Congress a report setting forth the 
results of the review required by subsection (a). 
(2) FORM.—The report required by this subsection shall 
be in unclassified form, but may include a classified annex. 
SEC. 235. AIRBORNE LASER SYSTEM. 
(a) REPORT ON DIRECTOR OF OPERATIONAL TEST AND EVALUA-
TION ASSESSMENT OF TESTING.—Not later than January 15, 2010, 
the Director of Operational Test and Evaluation shall— 
(1) review and evaluate the testing conducted on the first 
Airborne Laser System aircraft, including the planned shoot- 
down demonstration testing; and 
(2) submit to the Secretary of Defense and to Congress 
an assessment by the Director of the operational effectiveness, 
suitability, and survivability of the Airborne Laser System. 
(b) LIMITATION ON AVAILABILITY OF FUNDS FOR LATER AIRBORNE 
LASER SYSTEM AIRCRAFT.—No funds appropriated pursuant to an 
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122 STAT. 4395 
PUBLIC LAW 110–417—OCT. 14, 2008 
authorization of appropriations or otherwise made available for 
the Department of Defense may be obligated or expended for the 
procurement of a second or subsequent aircraft for the Airborne 
Laser System program until the later of the following dates: 
(1) The date on which the Secretary of Defense, after 
receiving the assessment under subsection (a)(2), submits to 
Congress a certification that the Airborne Laser System has 
demonstrated, through successful testing and operational and 
cost analysis, a high probability of being operationally effective, 
suitable, survivable, and affordable. 
(2) The date that is 60 days after the date on which 
Congress receives the independent assessment of boost-phase 
missile defense required by section 232. 
SEC. 236. ACTIVATION AND DEPLOYMENT OF AN/TPY–2 FORWARD- 
BASED X-BAND RADAR. 
(a) AVAILABILITY OF FUNDS.—Subject to subsection (b), of the 
amount authorized to be appropriated by section 201(4) for research, 
development, test, and evaluation, Defense-wide activities, up to 
$89,000,000 may be available for Ballistic Missile Defense Sensors 
for the activation and deployment of the AN/TPY–2 forward-based 
X-band radar to a classified location. 
(b) LIMITATION.— 
(1) IN GENERAL.—Funds may not be available under sub-
section (a) for the purpose specified in that subsection until 
the Secretary of Defense submits to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report on the deployment of the AN/TPY–2 forward-based X- 
band radar as described in that subsection, including: 
(A) The location of deployment of the radar. 
(B) A description of the operational parameters of the 
deployment of the radar, including planning for force 
protection. 
(C) A description of any recurring and non-recurring 
expenses associated with the deployment of the radar. 
(D) A description of the cost-sharing arrangements 
between the United States and the country in which the 
radar will be deployed regarding the expenses described 
in subparagraph (C). 
(E) A description of the other terms and conditions 
of the agreement between the United States and such 
country regarding the deployment of the radar. 
(2) FORM.—The report under paragraph (1) shall be sub-
mitted in unclassified form, but may include a classified annex. 
Subtitle D—Reports 
SEC. 241. BIENNIAL REPORTS ON JOINT AND SERVICE CONCEPT 
DEVELOPMENT AND EXPERIMENTATION. 
(a) IN GENERAL.—Section 485 of title 10, United States Code, 
is amended to read as follows: 
‘‘§ 485. 
Joint 
and 
service 
concept 
development 
and 
experimentation 
‘‘(a) BIENNIAL REPORTS REQUIRED.—Not later than January 
1 of each even numbered-year, the Secretary of Defense or the 
Secretary’s designee shall submit to the congressional defense 
Reports. 
Deadline. 
Certification. 
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122 STAT. 4396 
PUBLIC LAW 110–417—OCT. 14, 2008 
committees a report on the conduct and outcomes of joint and 
service concept development and experimentation. 
‘‘(b) MATTERS TO BE INCLUDED.—Each report under subsection 
(a) shall include the following: 
‘‘(1) A description of any changes since the latest report 
submitted under this section to each of the following: 
‘‘(A) The organization of the Department of Defense 
responsible for executing the mission of joint concept 
development and experimentation, or its specific authorities 
related to that mission. 
‘‘(B) The process for tasking forces (including forces 
designated as joint experimentation forces) to participate 
in joint concept development and experimentation, and the 
specific authority of the organization responsible for exe-
cuting the mission of joint concept development and 
experimentation over those forces. 
‘‘(C) The resources provided for initial implementation 
of joint concept development and experimentation, the 
process for providing such resources to the organization 
responsible for executing the mission of joint concept 
development and experimentation, the categories of funding 
for joint concept development and experimentation, and 
the authority of the organization responsible for executing 
the mission of joint concept development and experimen-
tation for budget execution for such activities. 
‘‘(D) The assigned role of the organization responsible 
for executing the mission of joint concept development and 
experimentation for— 
‘‘(i) integrating and testing in joint concept develop-
ment and experimentation the systems that emerge 
from warfighting experimentation by the armed forces 
and the Defense Agencies; 
‘‘(ii) assessing the effectiveness of organizational 
structures, operational concepts, and technologies 
relating to joint concept development and experimen-
tation; and 
‘‘(iii) assisting the Secretary of Defense and the 
Chairman of the Joint Chiefs of Staff in setting prior-
ities for requirements or acquisition programs in light 
of joint concept development and experimentation. 
‘‘(2) A description of the conduct of joint concept develop-
ment and experimentation activities, and of concept develop-
ment and experimentation activities of each of the military 
departments, during the two-year period ending on the date 
of such report, including— 
‘‘(A) the funding involved; 
‘‘(B) the number of activities engaged in; 
‘‘(C) the forces involved; 
‘‘(D) the national and homeland security challenges 
addressed; 
‘‘(E) the operational concepts assessed; 
‘‘(F) the technologies assessed; 
‘‘(G) the scenarios and measures of effectiveness uti-
lized; and 
‘‘(H) specific interactions under such activities with 
the commanders of the combatant commands and with 
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122 STAT. 4397 
PUBLIC LAW 110–417—OCT. 14, 2008 
other organizations and entities inside and outside the 
Department. 
‘‘(3) A description of the conduct of joint concept develop-
ment and experimentation, and of the conduct of concept 
development and experimentation by each of the military 
departments, during the two-year period ending on the date 
of such report with respect to the development of warfighting 
concepts for operational scenarios more than 10 years in the 
future, including— 
‘‘(A) the funding involved; 
‘‘(B) the number of activities engaged in; 
‘‘(C) the forces involved; 
‘‘(D) the challenges addressed; 
‘‘(E) the operational concepts assessed; 
‘‘(F) the technologies assessed; 
‘‘(G) the scenarios and measures of effectiveness uti-
lized; and 
‘‘(H) specific interactions with the commanders of the 
combatant commands and with other organizations and 
entities inside and outside the Department. 
‘‘(4) A description of the mechanisms used to coordinate 
joint, service, interagency, Coalition, and other appropriate con-
cept development and experimentation activities. 
‘‘(5) An assessment of the return on investment in concept 
development and experimentation activities, including a 
description of the following: 
‘‘(A) Specific outcomes and impacts within the Depart-
ment of the results of past joint and service concept 
development and experimentation in terms of new doctrine, 
operational concepts, organization, training, materiel, 
leadership, personnel, or the allocation of resources, or 
in activities that terminated support for legacy concepts, 
programs, or systems. 
‘‘(B) Specific actions taken to implement the rec-
ommendations of the Commander of United States Joint 
Forces Command based on joint concept development and 
experimentation activities. 
‘‘(6) Such recommendations (based primarily on the results 
of joint and service concept development and experimentation) 
as the Secretary considers appropriate for enhancing the 
development of joint warfighting capabilities by modifying 
activities throughout the Department relating to— 
‘‘(A) the development or acquisition of specific advanced 
technologies, systems, or weapons or systems platforms; 
‘‘(B) key systems attributes and key performance 
parameters for the development or acquisition of advanced 
technologies and systems; 
‘‘(C) joint or service doctrine, organization, training, 
materiel, leadership development, personnel, or facilities; 
‘‘(D) the reduction or elimination of redundant equip-
ment and forces, including the synchronization of the 
development and fielding of advanced technologies among 
the armed forces to enable the development and execution 
of joint operational concepts; and 
‘‘(E) the development or modification of initial capabili-
ties documents, operational requirements, and relative 
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122 STAT. 4398 
PUBLIC LAW 110–417—OCT. 14, 2008 
priorities for acquisition programs to meet joint require-
ments. 
‘‘(7) With respect to improving the effectiveness of joint 
concept development and experimentation capabilities, such rec-
ommendations (based primarily on the results of joint 
warfighting experimentation) as the Secretary considers appro-
priate regarding— 
‘‘(A) the conduct of, adequacy of resources for, or 
development of technologies to support such capabilities; 
and 
‘‘(B) changes in support from other elements of the 
Department responsible for concept development and 
experimentation by joint or service organizations. 
‘‘(8) The coordination of the concept development and 
experimentation activities of the Commander of the United 
States Joint Forces Command with the activities of the Com-
mander of the North Atlantic Treaty Organization Supreme 
Allied Command Transformation. 
‘‘(9) Any other matters that the Secretary consider appro-
priate. 
‘‘(c) COORDINATION AND SUPPORT.—The Secretary of Defense 
shall ensure that the Secretaries of the military departments and 
the heads of other appropriate elements of the Department of 
Defense provide such information and support as is required for 
the preparation of the reports required by this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of such title is amended by striking the item 
relating to section 485 and inserting the following new item: 
‘‘485. Joint and service concept development and experimentation.’’. 
SEC. 242. REPORT ON PARTICIPATION OF THE HISTORICALLY BLACK 
COLLEGES AND UNIVERSITIES AND MINORITY-SERVING 
INSTITUTIONS IN RESEARCH AND EDUCATIONAL PRO-
GRAMS 
AND 
ACTIVITIES 
OF 
THE 
DEPARTMENT 
OF 
DEFENSE. 
(a) IN GENERAL.—The Secretary of Defense shall carry out 
an independent assessment of the participation of covered edu-
cational institutions in research and educational programs and 
activities of the Department of Defense. 
(b) REPORT.—Not later than 12 months after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the assessment 
required under subsection (a). 
(c) MATTERS INCLUDED.—The report required under subsection 
(b) shall include the following: 
(1) A description of research, training, technical assistance, 
infrastructure support, and educational programs and activities 
conducted by the Department of Defense in support of covered 
educational institutions. 
(2) A survey of the level of participation of covered edu-
cational institutions in programs described in paragraph (1), 
and lessons learned from the survey. 
(3) An assessment of the relevance, including outcomes 
and effects, of the programs and activities identified in para-
graph (1) to the research and educational programs, activities, 
and missions of the Department of Defense. 
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122 STAT. 4399 
PUBLIC LAW 110–417—OCT. 14, 2008 
(4) An assessment of additional activities by the Depart-
ment of Defense that support covered educational institutions 
whose primary focus is the training and educating of minority 
scientists, engineers, and technicians. 
(5) An assessment of barriers to the participation of covered 
educational institutions in the research and educational pro-
grams and activities of the Department of Defense. 
(6) Recommendations to increase the capacity of covered 
educational institutions to participate in research and edu-
cational programs and activities that are critical to the national 
security functions of the Department of Defense. 
(7) Any other matters the Secretary of Defense considers 
appropriate. 
(d) COOPERATION OF DEFENSE ORGANIZATIONS.—The Secretary 
of Defense shall ensure that the relevant elements of the Depart-
ment of Defense provide all information necessary for the completion 
of the assessment required under subsection (a). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered educational institutions’’ means— 
(A) a historically Black college or university that is 
a part B institution, as defined in section 322(2) of the 
Higher Education Act of 1965 (20 U.S.C. 1061(2)); 
(B) a minority institution, as defined in section 365(3) 
of that Act (20 U.S.C. 1067k(3)); 
(C) a Hispanic-serving institution, as defined in section 
502(a)(5) of that Act (20 U.S.C. 1101a(a)(5)); 
(D) a Tribal College or University, as defined in section 
316(b)(3) of that Act (20 U.S.C. 1059c(b)(3)); and 
(E) other minority postsecondary institutions. 
(2) The term ‘‘research and educational programs and 
activities’’ includes programs and activities relating to research, 
development, test, and evaluation and education. 
SEC. 243. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO 
FINDINGS AND RECOMMENDATIONS OF THE DEFENSE 
SCIENCE BOARD TASK FORCE ON DIRECTED ENERGY 
WEAPONS. 
(a) REPORT REQUIRED.—Not later than January 1, 2010, the 
Secretary of Defense shall submit to the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives a report on the implementation of 
the recommendations of the Defense Science Board Task Force 
on Directed Energy Weapons. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) An analysis of each of the findings and recommendations 
of the Defense Science Board Task Force on Directed Energy 
Weapons. 
(2) A detailed description of the response of the Department 
of Defense to each finding and recommendation of the Task 
Force, including— 
(A) for each recommendation that is being implemented 
or that the Secretary plans to implement— 
(i) a summary of actions that have been taken 
to implement such recommendation; and 
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122 STAT. 4400 
PUBLIC LAW 110–417—OCT. 14, 2008 
(ii) a schedule, with specific milestones, for com-
pleting the implementation of such recommendation; 
and 
(B) for each recommendation that the Secretary does 
not plan to implement— 
(i) the reasons for the decision not to implement 
such recommendation; and 
(ii) a summary of the alternative actions the Sec-
retary plans to take to address the purposes underlying 
such recommendation. 
(3) A summary of any additional actions the Secretary 
plans to take to address concerns raised by the Task Force. 
Subtitle E—Other Matters 
SEC. 251. MODIFICATION OF SYSTEMS SUBJECT TO SURVIVABILITY 
TESTING OVERSIGHT BY THE DIRECTOR OF OPERATIONAL 
TEST AND EVALUATION. 
(a) AUTHORITY TO DESIGNATE ADDITIONAL SYSTEMS AS MAJOR 
SYSTEMS AND PROGRAMS SUBJECT TO TESTING.—Section 2366(e)(1) 
of title 10, United States Code, is amended to read as follows: 
‘‘(1) The term ‘covered system’ means— 
‘‘(A) a vehicle, weapon platform, or conventional 
weapon system that— 
‘‘(i) includes features designed to provide some 
degree of protection to users in combat; and 
‘‘(ii) is a major system as defined in section 2302(5) 
of this title; or 
‘‘(B) any other system or program designated by the 
Secretary of Defense for purposes of this section.’’. 
(b) REVISION
TO REPORT REQUIREMENT.—Section 2366(d) of 
such title is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘At the conclusion’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) If a decision is made within the Department of Defense 
to proceed to operational use of a system, or to make procurement 
funds available for a system, before Milestone C approval of that 
system, the Secretary of Defense shall submit to the congressional 
defense committees, as soon as practicable after such decision, 
the following: 
‘‘(A) A report describing the status of survivability and 
live fire testing of that system. 
‘‘(B) The report required under paragraph (1).’’. 
(c) FORCE PROTECTION EQUIPMENT.—Section 139(b) of such title 
is amended— 
(1) by striking paragraph (3); and 
(2) by redesignating paragraphs (4) through (7) as para-
graphs (3) through (6), respectively. 
SEC. 252. TECHNOLOGY-NEUTRAL INFORMATION TECHNOLOGY GUIDE-
LINES AND STANDARDS TO SUPPORT FULLY INTEROPER-
ABLE ELECTRONIC PERSONAL HEALTH INFORMATION 
FOR THE DEPARTMENT OF DEFENSE AND DEPARTMENT 
OF VETERANS AFFAIRS. 
Section 1635 of the Wounded Warrior Act (title XVI of Public 
Law 110–181; 122 Stat. 460; 10 U.S.C. 1071 note) is amended— 
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122 STAT. 4401 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) in subsection (h)(1), by adding at the end the following 
new subparagraphs: 
‘‘(C) A description and analysis of the level of interoper-
ability and security of technologies for sharing healthcare 
information among the Department of Defense, the Depart-
ment of Veterans 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 departments 
are making toward, ensuring interoperable and secure 
healthcare information systems and electronic healthcare 
records.’’; and 
(2) by adding at the end the following new subsection: 
‘‘(j) TECHNOLOGY-NEUTRAL GUIDELINES AND STANDARDS.—The 
Director, in consultation with industry and appropriate Federal 
agencies, shall develop, or shall adopt from industry, technology- 
neutral information technology infrastructure guidelines and stand-
ards for use by the Department of Defense and the Department 
of Veterans Affairs to enable those departments to effectively select 
and utilize information technologies to meet the requirements of 
this section.’’. 
SEC. 253. ASSESSMENT OF TECHNOLOGY TRANSITION PROGRAMS AND 
REPEAL OF REPORTING REQUIREMENT. 
(a) ASSESSMENT AND REPORT REQUIRED.— 
(1) IN
GENERAL.—The Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall assess the feasi-
bility of consolidating the various technology transition pro-
grams in the Department of Defense into a unified effort man-
aged by a senior official of the Department. 
(2) PROGRAMS
INCLUDED.—The assessment required by 
paragraph (1) shall include— 
(A) the technology transition programs managed or 
overseen by the Secretary of Defense; and 
(B) as the Under Secretary considers appropriate, the 
technology transition programs of the military depart-
ments. 
(3) REPORT.—Not later than October 1, 2009, the Under 
Secretary shall submit to the congressional defense committees 
a report on the assessment required by paragraph (1). The 
report shall include the following: 
(A) A description of each of the technology transition 
programs considered as part of the assessment. 
(B) An evaluation of the extent to which each tech-
nology transition program fulfills its intended mission and 
supports effective and efficient technology transition. 
(C) For each technology transition program considered 
in the assessment, a summary of the funding available 
for the five fiscal years preceding the date on which the 
report is submitted. 
(D) The conclusion of the Under Secretary as to 
whether there are any benefits in consolidating the tech-
nology transition programs into a unified effort managed 
by a senior official of the Department of Defense. 
(E) Recommendations to add, repeal, or amend statutes 
or regulations in order to more effectively enable technology 
transition. 
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122 STAT. 4402 
PUBLIC LAW 110–417—OCT. 14, 2008 
(F) 
Recommendations 
regarding 
the 
appropriate 
management structure, fiscal controls, and stakeholder 
engagement required to ensure that a unified technology 
transition program will cost-effectively and efficiently 
enable technology transition. 
(b) REPORTING REQUIREMENT REPEALED.—Section 2359a of title 
10, United States Code, is amended— 
(1) by striking subsection (h); and 
(2) by redesignating subsection (i) as subsection (h). 
SEC. 254. TRUSTED DEFENSE SYSTEMS. 
(a) VULNERABILITY ASSESSMENT REQUIRED.—The Secretary of 
Defense shall conduct an assessment of selected covered acquisition 
programs to identify vulnerabilities in the supply chain of each 
program’s electronics and information processing systems that 
potentially compromise the level of trust in the systems. Such 
assessment shall— 
(1) identify vulnerabilities at multiple levels of the elec-
tronics and information processing systems of the selected pro-
grams, including microcircuits, software, and firmware; 
(2) prioritize the potential vulnerabilities and effects of 
the various elements and stages of the system supply chain 
to identify the most effective balance of investments to minimize 
the effects of compromise; 
(3) provide recommendations regarding ways of managing 
supply chain risk for covered acquisition programs; and 
(4) identify the appropriate lead person, and supporting 
elements, within the Department of Defense for the develop-
ment of an integrated strategy for managing risk in the supply 
chain for covered acquisition programs. 
(b) ASSESSMENT OF METHODS FOR VERIFYING THE TRUST OF 
SEMICONDUCTORS PROCURED FROM COMMERCIAL SOURCES.—The 
Under Secretary of Defense for Acquisition, Technology, and Logis-
tics, in consultation with appropriate elements of the Department 
of Defense, the intelligence community, private industry, and aca-
demia, shall conduct an assessment of various methods of verifying 
the trust of semiconductors procured by the Department of Defense 
from commercial sources for use in mission-critical components 
of potentially vulnerable defense systems. The assessment shall 
include the following: 
(1) An identification of various methods of verifying the 
trust of semiconductors, including methods under development 
at the Defense Agencies, government laboratories, institutions 
of higher education, and in the private sector. 
(2) A determination of the methods identified under para-
graph (1) that are most suitable for the Department of Defense. 
(3) An assessment of the additional research and technology 
development needed to develop methods of verifying the trust 
of semiconductors that meet the needs of the Department of 
Defense. 
(4) Any other matters that the Under Secretary considers 
appropriate. 
(c) STRATEGY REQUIRED.— 
(1) IN GENERAL.—The lead person identified under sub-
section (a)(4), in cooperation with the supporting elements also 
identified under such subsection, shall develop an integrated 
strategy— 
10 USC 2302 
note. 
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122 STAT. 4403 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) for managing risk— 
(i) in the supply chain of electronics and informa-
tion processing systems for covered acquisition pro-
grams; and 
(ii) in the procurement of semiconductors; and 
(B) that ensures dependable, continuous, long-term 
access and trust for all mission-critical semiconductors pro-
cured from both foreign and domestic sources. 
(2) REQUIREMENTS.—At a minimum, the strategy shall— 
(A) address the vulnerabilities identified by the assess-
ment under subsection (a); 
(B) reflect the priorities identified by such assessment; 
(C) provide guidance for the planning, programming, 
budgeting, and execution process in order to ensure that 
covered acquisition programs have the necessary resources 
to implement all appropriate elements of the strategy; 
(D) promote the use of verification tools, as appropriate, 
for ensuring trust of commercially acquired systems; 
(E) increase use of trusted foundry services, as appro-
priate; and 
(F) ensure sufficient oversight in implementation of 
the plan. 
(d) POLICIES AND ACTIONS FOR ASSURING TRUST IN INTEGRATED 
CIRCUITS.—Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall— 
(1) develop policy requiring that trust assurance be a high 
priority for covered acquisition programs in all phases of the 
electronic component supply chain and integrated circuit 
development and production process, including design and 
design tools, fabrication of the semiconductors, packaging, final 
assembly, and test; 
(2) develop policy requiring that programs whose electronics 
and information systems are determined to be vital to oper-
ational readiness or mission effectiveness are to employ trusted 
foundry services to fabricate their custom designed integrated 
circuits, unless the Secretary specifically authorizes otherwise; 
(3) incorporate the strategies and policies of the Depart-
ment of Defense regarding development and use of trusted 
integrated circuits into all relevant Department directives and 
instructions related to the acquisition of integrated circuits 
and programs that use such circuits; and 
(4) take actions to promote the use and development of 
tools that verify the trust in all phases of the integrated circuit 
development and production process of mission-critical parts 
acquired from non-trusted sources. 
(e) 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 defense committees— 
(1) the assessments required by subsections (a) and (b); 
(2) the strategy required by subsection (c); and 
(3) a description of the policies developed and actions taken 
under subsection (d). 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered acquisition programs’’ means an 
acquisition program of the Department of Defense that is a 
major system for purposes of section 2302(5) of title 10, United 
States Code. 
Deadline. 
Deadline. 
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122 STAT. 4404 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) The terms ‘‘trust’’ and ‘‘trusted’’ refer, with respect 
to electronic and information processing systems, to the ability 
of the Department of Defense to have confidence that the sys-
tems function as intended and are free of exploitable 
vulnerabilities, either intentionally or unintentionally designed 
or inserted as part of the system at any time during its life 
cycle. 
(3) The term ‘‘trusted foundry services’’ means the program 
of the National Security Agency and the Department of Defense, 
or any similar program approved by the Secretary of Defense, 
for the development and manufacture of integrated circuits 
for critical defense systems in secure industrial environments. 
SEC. 255. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A JOINT 
APPROACH FOR FUTURE DEVELOPMENT OF VERTICAL 
LIFT AIRCRAFT AND ROTORCRAFT. 
(a) ASSESSMENT REQUIRED.—The Secretary of Defense 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 
Armed Forces. The assessment shall— 
(1) address critical technologies required for future develop-
ment, including a technology roadmap; 
(2) include the development of a detailed science and tech-
nology investment and implementation plan and an identifica-
tion of the resources required to implement such plan; and 
(3) include the development of a strategic plan that— 
(A) formalizes the strategic vision of the Department 
of Defense for the next generation of vertical lift aircraft 
and rotorcraft; 
(B) establishes joint requirements for the next genera-
tion of vertical lift aircraft and rotorcraft technology; and 
(C) emphasizes the development of common service 
requirements. 
(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 subsection (a)(1); 
(2) the plan and the identification of resources referred 
to in subsection (a)(2); 
(3) the strategic plan 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 Office. 
SEC. 256. EXECUTIVE AGENT FOR PRINTED CIRCUIT BOARD TECH-
NOLOGY. 
(a) EXECUTIVE AGENT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall des-
ignate a senior official of the Department of Defense to act as 
the executive agent for printed circuit board technology. 
(b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.— 
(1) ESTABLISHMENT.—Not later than one year after the 
date of the enactment of this Act, and in accordance with 
Directive 5101.1, the Secretary of Defense shall prescribe the 
roles, responsibilities, and authorities of the executive agent 
designated under subsection (a). 
Deadline. 
Deadline. 
Designation. 
10 USC 2501 
note. 
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122 STAT. 4405 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) SPECIFICATION.—The roles and responsibilities of the 
executive agent designated under subsection (a) shall include 
each of the following: 
(A) Development and maintenance of a printed circuit 
board and interconnect technology roadmap that ensures 
that the Department of Defense has access to the manufac-
turing capabilities and technical expertise necessary to 
meet future military requirements regarding such tech-
nology. 
(B) Development of recommended funding strategies 
necessary to meet the requirements of the roadmap devel-
oped under subparagraph (A). 
(C) Assessment of the vulnerabilities, trustworthiness, 
and diversity of the printed circuit board supply chain, 
including the development of trustworthiness requirements 
for printed circuit boards used in defense systems, and 
to develop strategies to address matters that are identified 
as a result of such assessment. 
(D) Such other roles and responsibilities as the Sec-
retary of Defense considers appropriate. 
(c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.—In accordance 
with Directive 5101.1, the Secretary of Defense shall ensure that 
the military departments, Defense Agencies, and other components 
of the Department of Defense provide the executive agent des-
ignated under subsection (a) with the appropriate support and 
resources needed to perform the roles, responsibilities, and authori-
ties of the executive agent. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Directive 5101.1’’ means Department of 
Defense Directive 5101.1, or any successor directive relating 
to the responsibilities of an executive agent of the Department 
of Defense. 
(2) The term ‘‘executive agent’’ has the meaning given 
the term ‘‘DoD Executive Agent’’ in Directive 5101.1. 
SEC. 257. REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE TECH-
NOLOGY APPLICATIONS AND CONCEPTS. 
(a) AVAILABILITY OF FUNDS FOR PROMPT GLOBAL STRIKE CAPA-
BILITY DEVELOPMENT.—Notwithstanding any other provision of this 
Act, funds for conventional prompt global strike capability develop-
ment are authorized by this Act only for those activities expressly 
delineated in the expenditure plan for fiscal years 2008 and 2009 
that was required 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 congressional defense 
committees and dated March 24, 2008, those activities for which 
funds are authorized to be appropriated in this Act, or those activi-
ties otherwise expressly authorized by Congress. 
(b) REPORT
ON TECHNOLOGY APPLICATIONS.—Not later than 
April 1, 2009, the Secretary of Defense shall submit to the congres-
sional defense committees a report that contains— 
(1) a description of the technology applications developed 
pursuant to conventional prompt global strike activities during 
fiscal year 2009; and 
(2) for each such technology application, the conventional 
prompt global strike concept towards which the application 
could be applied. 
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122 STAT. 4406 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) REVIEW OF CONVENTIONAL PROMPT GLOBAL STRIKE CON-
CEPTS.—The Secretary of Defense shall, in consultation with the 
Secretary of State, conduct a review of each nonnuclear prompt 
global strike concept with respect to which the President requests 
funding in the budget of the President for fiscal year 2010 (as 
submitted to Congress pursuant to section 1105 of title 31, United 
States Code). 
(d) ELEMENTS OF REVIEW.—The review required by subsection 
(c) shall include, for each concept described in that subsection, 
the following: 
(1) The full cost of demonstrating such concept. 
(2) An assessment of any policy, legal, or treaty-related 
issues that could arise during the course of, or as a result 
of, deployment of each concept and recommendations to address 
such issues. 
(3) The extent to which the concept could be misconstrued 
as a nuclear weapon or delivery system and recommendations 
to mitigate the risk of such a misconstrual. 
(4) An assessment of the potential basing and deployment 
options for the concept. 
(5) A description of the types of targets against which 
the concept might be used. 
(6) An assessment of the adequacy of the intelligence that 
would be needed to support an attack involving the concept. 
(e) REPORT ON CONVENTIONAL PROMPT GLOBAL STRIKE CON-
CEPTS.—Not later than September 1, 2009, the Secretary of Defense 
shall submit to the congressional defense committees a report set-
ting forth the results of the review required by subsection (c). 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Authorization for Department of Defense participation in conservation 
banking programs. 
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses Lake, 
Washington. 
Sec. 313. Expand cooperative agreement authority for management of natural re-
sources to include off-installation mitigation. 
Sec. 314. Expedited use of appropriate technology related to unexploded ordnance 
detection. 
Sec. 315. Closed loop re-refining of used motor vehicle lubricating oil. 
Sec. 316. Comprehensive program for the eradication of the brown tree snake popu-
lation from military facilities in Guam. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Comprehensive analysis and development of single Government-wide defi-
nition of inherently governmental function and criteria for critical func-
tions. 
Sec. 322. Study on future depot capability. 
Sec. 323. Government Accountability Office review of high-performing organiza-
tions. 
Sec. 324. Consolidation of Air Force and Air National Guard aircraft maintenance. 
Sec. 325. Report on Air Force civilian personnel consolidation plan. 
Sec. 326. Report on reduction in number of firefighters on Air Force bases. 
Sec. 327. Minimum capital investment for certain depots. 
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122 STAT. 4407 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle D—Energy Security 
Sec. 331. Annual report on operational energy management and implementation of 
operational energy strategy. 
Sec. 332. Consideration of fuel logistics support requirements in planning, require-
ments development, and acquisition processes. 
Sec. 333. Study on solar and wind energy for use for expeditionary forces. 
Sec. 334. Study on alternative and synthetic fuels. 
Sec. 335. Mitigation of power outage risks for Department of Defense facilities and 
activities. 
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 personnel. 
Sec. 343. Comptroller General report on the use of the Army Reserve and National 
Guard as an operational reserve. 
Sec. 344. Comptroller General report on link between preparation and use of Army 
reserve component forces to support ongoing operations. 
Sec. 345. Comptroller General report on adequacy of funding, staffing, and organi-
zation of Department of Defense Military Munitions Response Program. 
Subtitle F—Other Matters 
Sec. 351. Extension of Enterprise Transition Plan reporting requirement. 
Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical arti-
facts, 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 Mission. 
Sec. 355. Revision of certain Air Force regulations required. 
Sec. 356. Transfer of C–12 aircraft to California Department of Forestry and Fire 
Protection. 
Sec. 357. Limitation on treatment of retired B–52 aircraft for Air Combat Com-
mand headquarters. 
Sec. 358. Increase of domestic breeding of military working dogs used by the De-
partment of Defense. 
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, $31,251,702,000. 
(2) For the Navy, $34,850,310,000. 
(3) For the Marine Corps, $5,604,254,000. 
(4) For the Air Force, $35,454,487,000. 
(5) For Defense-wide activities, $25,948,864,000. 
(6) For the Army Reserve, $2,642,341,000. 
(7) For the Naval Reserve, $1,311,085,000. 
(8) For the Marine Corps Reserve, $213,131,000. 
(9) For the Air Force Reserve, $3,150,692,000. 
(10) For the Army National Guard, $5,893,546,000. 
(11) For the Air National Guard, $5,882,326,000. 
(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. 
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122 STAT. 4408 
PUBLIC LAW 110–417—OCT. 14, 2008 
(17) For Environmental Restoration, Formerly Used 
Defense Sites, $257,796,000. 
(18) For Overseas Humanitarian, Disaster, and Civic Aid 
programs, $83,273,000. 
(19) 
For 
Cooperative 
Threat 
Reduction 
programs, 
$434,135,000. 
(20) For the Overseas Contingency Operations Transfer 
Fund, $9,101,000. 
Subtitle B—Environmental Provisions 
SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE PARTICIPA-
TION 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 programs 
‘‘(a) AUTHORITY TO PARTICIPATE.—Subject to the availability 
of appropriated funds to carry out this section, the Secretary con-
cerned, 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— 
‘‘(1) the Federal Guidance for the Establishment, Use and 
Operation of Mitigation Banks (60 Fed. Reg. 58605; November 
28, 1995); 
‘‘(2) the Guidance for the Establishment, Use, and Oper-
ation of Conservation Banks (68 Fed. Reg. 24753; May 2, 2003); 
‘‘(3) the Federal Guidance on the Use of In-Lieu-Fee 
Arrangements for Compensatory Mitigation 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 conservation banking 
program or ‘in-lieu-fee’ mitigation sponsor 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 facili-
tating military construction may be treated as eligible costs of 
the military construction 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.’’. 
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122 STAT. 4409 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 
PROTECTION 
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH 
MOSES LAKE WELLFIELD SUPERFUND SITE, MOSES LAKE, 
WASHINGTON. 
(a) AUTHORITY TO REIMBURSE.— 
(1) TRANSFER
AMOUNT.—Using funds described in sub-
section (b) and notwithstanding section 2215 of title 10, United 
States Code, the Secretary of Defense may transfer not more 
than $64,049.40 during fiscal year 2009 to the Moses Lake 
Wellfield Superfund Site 10–6J Special Account. 
(2) PURPOSE
OF
REIMBURSEMENT.—The payment under 
paragraph (1) is to reimburse the Environmental Protection 
Agency for its costs incurred in overseeing a remedial investiga-
tion/feasibility study performed by the Department of the Army 
under the Defense Environmental Restoration Program at the 
former Larson Air Force Base, Moses Lake Superfund Site, 
Moses Lake, Washington. 
(3) 
INTERAGENCY
AGREEMENT.—The 
reimbursement 
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 subsection (a) shall 
be made using funds authorized to be appropriated by section 
301(17) for operation and maintenance for Environmental Restora-
tion, Formerly Used Defense Sites. 
(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 MITIGATION. 
Section 103a(a) of the Sikes Act (16 U.S.C. 670c–1(a)) is 
amended— 
(1) by striking ‘‘to provide for the’’ and inserting ‘‘to provide 
for the following: 
‘‘(1) The’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) The maintenance and improvement of natural 
resources located off of a Department of Defense installation 
if the purpose of the cooperative agreement is to relieve or 
eliminate current or anticipated challenges that could restrict, 
impede, or otherwise interfere with, whether directly or 
indirectly, current or anticipated military activities.’’. 
10 USC 2694c 
note. 
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122 STAT. 4410 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 314. EXPEDITED USE OF APPROPRIATE TECHNOLOGY RELATED 
TO UNEXPLODED ORDNANCE DETECTION. 
(a) EXPEDITED USE OF APPROPRIATE TECHNOLOGIES.—The Sec-
retary shall expedite the use of appropriate unexploded ordnance 
detection instrument technology developed through research funded 
by the Department of Defense or developed by entities other than 
the Department of Defense. 
(b) REPORT.—Not later than October 1, 2009, the Secretary 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Representa-
tives a report describing and evaluating the following: 
(1) The amounts allocated for research, development, test, 
and evaluation for unexploded ordnance detection technologies. 
(2) The amounts allocated for transition of new unexploded 
ordnance detection 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 technologies to regular operation 
in remediation programs. 
(5) The transfer of such technologies to private sector enti-
ties involved in the detection of unexploded ordnance. 
(6) Activities undertaken by the Department to raise public 
awareness regarding unexploded ordnance. 
(c) 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. 
SEC. 315. CLOSED LOOP RE-REFINING OF USED MOTOR VEHICLE 
LUBRICATING OIL. 
(a) STUDY AND EVALUATION.—Not later than one year after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report which reviews the Department 
of Defense’s policies concerning the re-use, recycling, sale, and 
disposal of used motor vehicle lubricating oil, and shall include 
in the report an evaluation of the feasibility and desirability of 
implementing policies to require re-use or recycling through closed 
loop re-refining of used oil as a means of reducing total indirect 
energy usage and greenhouse gas emissions. 
(b) DEFINITION.—For purposes of this section, the term ‘‘closed 
loop re-refining’’ means the sale of used oil to entities that re- 
refine used oil into base oil and vehicle lubricants that meet Depart-
ment of Defense and industry standards, and the purchase of re- 
refined oil produced through such re-refining process. 
SEC. 316. COMPREHENSIVE PROGRAM FOR THE ERADICATION OF THE 
BROWN 
TREE 
SNAKE 
POPULATION 
FROM 
MILITARY 
FACILITIES IN GUAM. 
The Secretary of Defense shall establish a comprehensive pro-
gram to control and, to the extent practicable, eradicate the brown 
tree snake population from military facilities in Guam and to ensure 
that military activities, including the transport of civilian and mili-
tary personnel and equipment to and from Guam, do not contribute 
to the spread of brown tree snakes. 
7 USC 8503 note. 
Deadline. 
Reports. 
10 USC 2710 
note. 
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122 STAT. 4411 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle C—Workplace and Depot Issues 
SEC. 321. COMPREHENSIVE ANALYSIS AND DEVELOPMENT OF SINGLE 
GOVERNMENT-WIDE 
DEFINITION 
OF 
INHERENTLY 
GOVERNMENTAL FUNCTION AND CRITERIA FOR CRITICAL 
FUNCTIONS. 
(a) DEVELOPMENT AND IMPLEMENTATION.—The Director of the 
Office of Management and Budget, in consultation with appropriate 
representatives of the Chief Acquisition Officers Council under sec-
tion 16A of the Office of Federal Procurement Policy Act (41 U.S.C. 
414b) and the Chief Human Capital Officers Council under section 
1401 of title 5, United States Code, shall— 
(1) review the definitions of the term ‘‘inherently govern-
mental function’’ described in subsection (b) to determine 
whether such definitions are sufficiently focused to ensure that 
only officers or employees of the Federal Government or mem-
bers of the Armed Forces perform inherently governmental 
functions or other critical functions necessary for the mission 
of a Federal department or agency; 
(2) develop a single consistent definition for such term 
that would— 
(A) address any deficiencies in the existing definitions, 
as determined pursuant to paragraph (1); 
(B) reasonably apply to all Federal departments and 
agencies; and 
(C) ensure that the head of each such department 
or agency is able to identify each position within that 
department or agency that exercises an inherently govern-
mental function and should only be performed by officers 
or employees of the Federal Government or members of 
the Armed Forces; 
(3) develop criteria to be used by the head of each such 
department or agency to— 
(A) identify critical functions with respect to the unique 
missions and structure of that department or agency; and 
(B) identify each position within that department or 
agency that, while the position may not exercise an inher-
ently governmental function, nevertheless should only be 
performed by officers or employees of the Federal Govern-
ment or members of the Armed Forces to ensure the depart-
ment or agency maintains control of its mission and oper-
ations; 
(4) in addition to the actions described under paragraphs 
(1), (2), and (3), provide criteria that would identify positions 
within Federal departments and agencies that are to be per-
formed by officers or employees 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 organic expertise 
and technical capability; 
(B) develops guidance to implement the definition of 
inherently governmental as described in paragraph (2) and 
the criteria for critical functions as described in paragraph 
(3) in a manner that is consistent with agency missions 
and operational goals; and 
31 USC 501 note. 
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122 STAT. 4412 
PUBLIC LAW 110–417—OCT. 14, 2008 
(C) develops guidance to manage internal decisions 
regarding staffing in an integrated manner to ensure offi-
cers 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 com-
bination thereof, or 
(ii) additional mechanisms and factors, including 
the management or oversight of awarded contracts, 
statutory mandates, and international obligations; 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 regulation, as deter-
mined by the Director of the Office of Management and Budget 
in consultation with the Chief Acquisition Officers Council and 
the Chief Human Capital Officers 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 with the Chief Acquisition 
Officers Council and the Chief Human Capital Officers Council, 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives, the Committee on Homeland Security 
and Governmental Affairs in the Senate, and the Committee on 
Oversight and Government Reform of the House of Representatives 
a report on the actions taken by the Director under this section. 
Such report shall contain each of the following: 
(1) A description of the actions taken by the Director under 
this section to develop a single definition of inherently govern-
mental function and criteria for critical functions. 
(2) Such legislative recommendations as the Director deter-
mines are necessary to further the purposes of this section. 
(3) A description of such steps as may be necessary— 
(A) to ensure that the single definition and criteria 
developed under this section are consistently applied 
through all Federal regulations, circulars, policy letters, 
agency guidance, and other documents; 
(B) to repeal any existing Federal regulations, circular, 
policy letters, agency guidance and other documents deter-
mined to be superseded by the definition and criteria devel-
oped under this section; and 
(C) to develop any necessary implementing guidance 
under this section for agency staffing and contracting 
decisions, along with appropriate 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 governmental function and criteria for critical functions. 
Deadline. 
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122 STAT. 4413 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 322. 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 logistics 
capabilities and capacity necessary for national defense. 
(b) CONTENTS OF STUDY.—The study carried out under sub-
section (a) shall— 
(1) be a quantitative analysis of the post-reset Department 
of Defense depot capability required to provide life cycle 
sustainment of military legacy systems and new systems and 
military equipment; 
(2) take into consideration direct input from the Secretary 
of Defense and the logistics and acquisition leadership of the 
military departments, including materiel support and depot 
commanders; 
(3) take into consideration input from regular and reserve 
components of the Armed Forces, both with respect to require-
ments for sustainment-level maintenance and the capability 
and capacity to perform depot-level maintenance and repair; 
(4) identify and address each type of activity carried out 
at depots, installation directorates of logistics, regional 
sustainment-level 
maintenance 
sites, 
reserve 
component 
maintenance capability sites, theater equipment support cen-
ters, and Army field support brigade capabilities; 
(5) examine relevant guidance provided and regulations 
prescribed by the Secretary of Defense and the Secretary of 
each of the military departments, including with respect to 
programming and budgeting and the annual budget displays 
provided to Congress; and 
(6) examine any relevant applicable laws, including the 
relevant body of work performed by the Government Account-
ability Office. 
(c) ISSUES TO BE ADDRESSED.—The study required under sub-
section (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 Department 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 management objec-
tives; 
(E) the adequacy of information technology systems, 
including workload management systems; 
(F) the workforce, including skills required and 
development; 
(G) budget and fiscal planning policies; and 
(H) capital investment strategies, including the 
implementation of section 2476 of title 10, United States 
Code. 
(2) 
Current 
and 
future 
maintenance 
environments, 
including— 
Deadline. 
Contracts. 
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122 STAT. 4414 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) performance-based logistics; 
(B) supply chain management; 
(C) condition-based maintenance; 
(D) reliability-based maintenance; 
(E) consolidation and centralization, including— 
(i) regionalization; 
(ii) two-level maintenance; and 
(iii) forward-based depot capacity; 
(F) public-private partnerships; 
(G) private-sector depot capability and capacity; and 
(H) the impact of proprietary technical documentation. 
(3) The adequate visibility of the maintenance workload 
of each military department in reports submitted to Congress, 
including— 
(A) whether the depot budget lines in current budget 
displays accurately reflect depot level workloads; 
(B) the accuracy of core and 50/50 calculations; 
(C) the usefulness of current reporting requirements 
to the oversight function of senior military and congres-
sional leaders; and 
(D) whether current budgetary guidelines provide suffi-
cient financial flexibility during the year of execution to 
permit the heads of the military departments to make 
best-value decisions between maintenance activities. 
(4) Such other information as determined relevant by the 
entity carrying out the study. 
(d) AVAILABILITY OF INFORMATION.—The Secretary of Defense 
and the Secretaries of each of the military departments 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. 
(e) REPORTS TO COMMITTEES ON ARMED SERVICES.— 
(1) INTERIM
REPORT.—The contract that the Secretary 
enters into under subsection (a) shall provide that not later 
than one year after the commencement of the study conducted 
under this section, 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 report on the study. 
(2) FINAL REPORT.—Such contract shall provide that not 
later than 22 months after the date on which the Secretary 
of Defense enters into the contract 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 Representatives 
a final report on the study. The report shall include each 
of the following: 
(A) A description of the depot maintenance environ-
ment, as of the date of the conclusion of the study, and 
the anticipated future environment, together with the 
quantitative data used in conducting the assessment of 
such environments under the study. 
(B) Recommendations with respect to what would be 
required to maintain, in a post-reset environment, an effi-
cient and enduring Department of Defense depot capability 
necessary for national defense. 
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122 STAT. 4415 
PUBLIC LAW 110–417—OCT. 14, 2008 
(C) Recommendations with respect to any changes to 
any applicable law that would be appropriate for a post- 
reset depot maintenance environment. 
(D) Recommendations with respect to the methodology 
of the Department of Defense for determining core logistics 
requirements, including an assessment of risk. 
(E) Proposed business rules that would provide incen-
tives 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, requiring, and 
monitoring the ability of the Department of Defense depots 
to produce performance-driven outcomes and meet materiel 
readiness goals with respect to availability, reliability, total 
ownership cost, and repair cycle time. 
(G) Comments provided by the Secretary of Defense 
and the Secretaries of the military departments on the 
findings and recommendations of the study. 
(f) COMPTROLLER GENERAL REVIEW.—Not later than 90 days 
after the date on which the report under subsection (e)(2) is sub-
mitted, the Comptroller General shall review the report and submit 
to the Committees on Armed Services of the Senate and House 
of Representatives an assessment of the feasibility of the rec-
ommendations and whether the findings are supported by the data 
and information examined. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘depot-level maintenance and repair’’ has 
the meaning given that term under section 2460 of title 10, 
United States Code. 
(2) The term ‘‘reset’’ means actions taken to repair, 
enhance, or replace military equipment used in support of 
operations underway as of the date of the enactment of this 
Act and associated sustainment. 
(3) The term ‘‘military equipment’’ includes all weapon 
systems, weapon platforms, vehicles and munitions of the 
Department of Defense, and the components of such items. 
SEC. 323. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF HIGH- 
PERFORMING ORGANIZATIONS. 
Not later than 120 days after the date of the enactment of 
this Act, the Comptroller General shall submit to the congressional 
defense committees a review on the high-performing organization 
initiatives of the Department of Defense. The review shall include 
each of the following for each such initiative reviewed: 
(1) Any policies or guidance developed to implement the 
initiative. 
(2) Whether the initiative was undertaken pursuant to 
the pilot project under section 337 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
10 U.S.C. 113 note) or under Office of Management and Budget 
Circular A-76. 
(3) The cost of development and implementation of the 
initiative. 
(4) Any cost savings and overall financial improvements 
promised or realized by reason of the initiative and an analysis 
of how such savings or improvements were calculated. 
Deadline. 
Deadline. 
Assessments. 
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122 STAT. 4416 
PUBLIC LAW 110–417—OCT. 14, 2008 
(5) Whether criteria were developed to measure the 
performance, efficiency, and effectiveness improvements of the 
initiative. 
(6) The effect of the initiative on the workforce, including 
any relocations, change in collective bargaining status, or reduc-
tions in force that may have resulted. 
(7) Whether and to what extent employees and their rep-
resentatives 
were 
consulted 
in 
the 
development 
and 
implementation of the initiative. 
SEC. 324. CONSOLIDATION OF AIR FORCE AND AIR NATIONAL GUARD 
AIRCRAFT MAINTENANCE. 
(a) RESTRICTION ON IMPLEMENTATION OF CONSOLIDATION.—The 
Secretary of the Air Force shall not implement the consolidation 
of aircraft repair facilities and personnel of the active Air Force 
with aircraft repair facilities and personnel of the Air National 
Guard or the consolidation of aircraft repair facilities and personnel 
of the Air National Guard with aircraft repair facilities and per-
sonnel of the active Air Force unless and until the Secretary of 
the Air Force submits the reports required by (b) and (c), the 
Chief of the National Guard Bureau submits the assessment 
required by subsection (d), and the Secretary of Defense submits 
the certification required by subsection (e). 
(b) REPORT ON CRITERIA.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of the Air Force 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report stating all the criteria being 
used by the Department of the Air Force and the Rand Corporation 
to evaluate the feasibility of consolidating Air Force maintenance 
functions into organizations that would integrate active, Guard, 
and Reserve components into a total-force approach. The report 
shall include the assumptions that were provided to or developed 
by the Rand Corporation for their study of the feasibility of the 
consolidation proposal. 
(c) REPORT ON FEASIBILITY STUDY.—At least 90 days before 
any consolidation of aircraft repair facilities and personnel of the 
active Air Force with aircraft repair facilities and personnel of 
the Air National Guard, the Secretary of the Air Force shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on the findings of the Rand Corporation 
feasibility study and the Rand Corporation’s recommendations, the 
Air Force’s assessment of the findings and recommendations, any 
plans developed for implementation of the consolidation, and a 
delineation of all infrastructure costs anticipated as a result of 
implementation. 
(d) ASSESSMENT BY CHIEF OF THE NATIONAL GUARD BUREAU.— 
Not later than 30 days after the date on which the report required 
by subsection (c) is submitted, the Chief of the National Guard 
Bureau shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a written assessment of— 
(1) the proposed actions to consolidate aircraft repair facili-
ties and personnel of the active Air Force with aircraft repair 
facilities and personnel of the Air National Guard by the Sec-
retary of the Air Force; and 
(2) the information included in the report required by sub-
section (c). 
Deadline. 
10 USC 8062 
note. 
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122 STAT. 4417 
PUBLIC LAW 110–417—OCT. 14, 2008 
(e) CERTIFICATION BY THE SECRETARY OF DEFENSE.—After the 
Secretary of the Air Force submits the reports required by sub-
sections (b) and (c), and before any consolidation of aircraft repair 
facilities and personnel of the active Air Force with aircraft repair 
facilities and personnel of the Air National Guard by the Secretary 
of the Air Force, the Secretary of Defense shall certify that such 
consolidation is in the national interest and will not adversely 
affect recruitment, retention, or execution of the Air National Guard 
mission in the individual States. 
SEC. 325. REPORT ON AIR FORCE CIVILIAN PERSONNEL CONSOLIDA-
TION PLAN. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of the Air Force shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on the Air Force plan for imple-
menting the direction of the Base Realignment and Closure 
Commission for the consolidation of transactional workloads from 
the civilian personnel offices within the service components and 
defense agencies, retaining sufficient positions and personnel at 
the large civilian centers to perform the personnel management 
advisory services, including non-transactional functions, necessary 
to support the civilian workforce. 
(b) CONTENTS OF REPORT.—At a minimum, the report required 
by subsection (a) shall address the steps taken by the Air Force 
to ensure that such direction is implemented in a manner that 
best meets the future needs of the Air Force, and shall address 
each of the following: 
(1) The anticipated positive or negative effect on the produc-
tivity and mission accomplishment of the managed workforces 
at the different commands. 
(2) The potential future efficiencies to be achieved through 
an enterprise-wide transformation of civilian personnel services. 
(3) The size and complexity of the civilian workforce. 
(4) The extent to which mission accomplishment is 
dependent upon the productivity of the civilian workforce. 
(5) Input from the commanders of the large civilian centers 
regarding the effect of consolidation on workforce productivity 
and costs. 
(6) The status of ongoing consolidation efforts at the Air 
Force Personnel Center at Randolph Air Force Base, Texas, 
and the target timelines for delivery of services to the various 
installations. 
(7) The advantages and disadvantages of retaining certain 
personnel management and advisory services functions at the 
large civilian centers under local command authority to include 
on-site control of staffing of positions filled through internal 
or external recruitment processes, employee management rela-
tions, labor force planning and management, and managing 
workers compensation programs. 
(8) The standards and timeliness for transitioning the per-
sonnel classifications currently performed by large civilian cen-
ters, the transition plan, particularly as it assures ready access 
to classifications needed for staffing and other purposes by 
the large civilian centers, and the expected performance and 
evaluation standards for providing classification services to the 
large civilian centers once the transition is complete. 
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122 STAT. 4418 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) UPDATES OF REPORT.—The Secretary of the Air Force shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives biannual updates of the report required 
under subsection (a) until January 3, 2012. 
SEC. 326. REPORT ON REDUCTION IN NUMBER OF FIREFIGHTERS ON 
AIR FORCE BASES. 
To ensure that the Air Force is meeting the minimum safety 
standards for staffing, equipment, and training, as required by 
Department of Defense Installation and Environment Instruction 
6055.6, the Secretary of the Air Force shall submit to Congress, 
by not later than 90 days after the date of the enactment of 
this Act, a report on the effects of the reduction in the number 
of fire fighters on Air Force bases during the three fiscal years 
preceding the fiscal year in which the report is submitted. Such 
report shall include each of the following: 
(1) An evaluation of current fire fighting capability of the 
Air Force and whether the reduction in the number of fire 
fighters on Air Force bases has increased the risk of harm 
to either fire fighters or those they may serve in response 
to an emergency. 
(2) An evaluation of whether adequate capability exists 
in the municipal communities surrounding the Air Force bases 
covered by the report to support a base aircraft rescue or 
to respond to a fire involving a combat aircraft, cargo aircraft, 
or weapon system. 
(3) An evaluation of the effects that the reductions in 
fire fighting personnel or functions have had on the certifi-
cations of Air Force base fire departments. 
(4) If the Secretary determines that reductions in the 
number of fire fighting personnel during the fiscal years covered 
by the report have negatively affected the ability of fire fighters 
on Air Forces bases to perform their missions, a plan to restore 
the fire fighting personnel needed to adequately support such 
missions. 
SEC. 327. MINIMUM CAPITAL INVESTMENT FOR CERTAIN DEPOTS. 
(a) ADDITIONAL ARMY DEPOTS.—Subsection (e)(1) of section 
2476 of title 10, United States Code, is amended by adding at 
the end the following new subparagraphs: 
‘‘(F) Watervliet Arsenal, New York. 
‘‘(G) Rock Island Arsenal, Illinois. 
‘‘(H) Pine Bluff Arsenal, Arkansas.’’. 
(b) SEPARATE CONSIDERATION AND REPORTING OF NAVY DEPOTS 
AND MARINE CORPS DEPOTS.—Such section is further amended— 
(1) in subsection (d)(2), by adding at the end the following 
new subparagraph: 
‘‘(D) Separate consideration and reporting of Navy Depots 
and Marine Corps depots.’’; and 
(2) in subsection (e)(2)— 
(A) by redesignating subparagraphs (A) through (G) 
as clauses (i) through (vii), respectively, and indenting the 
margins of such clauses, as so redesignated, 6 ems from 
the left margin; 
(B) by inserting after ‘‘Department of the Navy:’’ the 
following: 
‘‘(A) The following Navy depots:’’; 
Termination 
date. 
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122 STAT. 4419 
PUBLIC LAW 110–417—OCT. 14, 2008 
(C) by inserting after clause (vii), as redesignated by 
subparagraph (A), the following: 
‘‘(B) The following Marine Corps depots:’’; and 
(D) by redesignating subparagraphs (H) and (I) as 
clauses (i) and (ii), respectively, and indenting the margins 
of such clauses, as so redesignated, 6 ems from the left 
margin. 
Subtitle D—Energy Security 
SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MANAGEMENT 
AND 
IMPLEMENTATION 
OF 
OPERATIONAL 
ENERGY 
STRATEGY. 
(a) REPORT REQUIRED.—Section 2925 of title 10, United States 
Code, is amended by striking subsection (b) and inserting the fol-
lowing new subsection: 
‘‘(b) ANNUAL REPORT RELATED TO OPERATIONAL ENERGY.—(1) 
Simultaneous with the annual report required by subsection (a), 
the Secretary of Defense, acting through the Director of Operational 
Energy Plans and Programs, shall submit to the congressional 
defense committees a report on operational energy management 
and the implementation of the operational energy strategy estab-
lished pursuant to section 139b of this title. 
‘‘(2) The annual report under this subsection shall address 
and include the following: 
‘‘(A) Statistical information on operational energy demands, 
in terms of expenditures and consumption, for the preceding 
five fiscal years, including funding made available in regular 
defense appropriations Acts and any supplemental appropria-
tion Acts. 
‘‘(B) An estimate of operational energy demands for the 
current fiscal year and next fiscal year, including funding 
requested to meet operational energy demands in the budget 
submitted to Congress under section 1105 of title 31 and in 
any supplemental requests. 
‘‘(C) A description of each initiative related to the oper-
ational energy strategy and a summary of funds appropriated 
for each initiative in the previous fiscal year and current fiscal 
year and requested for each initiative for the next five fiscal 
years. 
‘‘(D) An evaluation of progress made by the Department 
of Defense— 
‘‘(i) in implementing the operational energy strategy, 
including the progress of key initiatives and technology 
investments related to operational energy demand and 
management; and 
‘‘(ii) in meeting the operational energy goals set forth 
in the strategy. 
‘‘(E) Such recommendations as the Director considers 
appropriate for additional changes in organization or authority 
within 
the 
Department 
of 
Defense 
to 
enable 
further 
implementation of the energy strategy and such other com-
ments and recommendations as the Director considers appro-
priate. 
‘‘(3) If a report under this subsection is submitted in a classified 
form, the Secretary shall concurrently submit to the congressional 
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122 STAT. 4420 
PUBLIC LAW 110–417—OCT. 14, 2008 
defense committees an unclassified version of the information 
required by this subsection. 
‘‘(4) In this subsection, the term ‘operational energy’ means 
the energy required for training, moving, and sustaining military 
forces and weapons platforms for military operations. The term 
includes energy used by tactical power systems and generators 
and weapons platforms.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2925. Annual Department of Defense energy management 
reports’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of subchapter III of chapter 173 of such title is amended 
by striking the item relating to section 2925 and inserting 
the following new item: 
‘‘2925. Annual Department of Defense energy management reports.’’. 
SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT REQUIRE-
MENTS IN PLANNING, REQUIREMENTS DEVELOPMENT, 
AND ACQUISITION PROCESSES. 
(a) PLANNING.—In the case of analyses and force planning 
processes that are used to establish capability requirements and 
inform acquisition decisions, the Secretary of Defense shall require 
that analyses and force planning processes consider the require-
ments for, and vulnerability of, fuel logistics. 
(b) CAPABILITY REQUIREMENTS DEVELOPMENT PROCESS.—The 
Secretary of Defense shall develop and implement a methodology 
to enable the implementation of a fuel efficiency key performance 
parameter in the requirements development process for the modi-
fication of existing or development of new fuel consuming systems. 
(c) ACQUISITION PROCESS.—The Secretary of Defense shall 
require that the life-cycle cost analysis for new capabilities include 
the fully burdened cost of fuel during analysis of alternatives and 
evaluation of alternatives and acquisition program design trades. 
(d) IMPLEMENTATION PLAN.—The Secretary of Defense shall 
prepare a plan for implementing the requirements of this section. 
The plan shall be completed not later than 180 days after the 
date of the enactment of this Act and provide for the implementation 
of the requirements by not later than three years after the date 
of the enactment of this Act. 
(e) PROGRESS REPORT.—Not later than two years after the 
date of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report describing 
progress made to implement the requirements of this section, 
including an assessment of whether the implementation plan 
required by section (d) is being carried out on schedule. 
(f) NOTIFICATION
OF COMPLIANCE.—As soon as practicable 
during the three-year period beginning on the date of the enactment 
of this Act, the Secretary of Defense shall notify the congressional 
defense committees that the Secretary has complied with the 
requirements of this section. If the Secretary is unable to provide 
the notification, the Secretary shall submit to the congressional 
defense committees at the end of the three-year period a report 
containing— 
Reports. 
Deadlines. 
10 USC 2911 
note. 
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122 STAT. 4421 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) an explanation of the reasons why the requirements, 
or portions of the requirements, have not been implemented; 
and 
(2) a revised plan under subsection (d) to complete 
implementation or a rationale regarding why portions of the 
requirements cannot or should not be implemented. 
(g) FULLY BURDENED COST OF FUEL DEFINED.—In this section, 
the term ‘‘fully burdened cost of fuel’’ means the commodity price 
for fuel plus the total cost of all personnel and assets required 
to move and, when necessary, protect the fuel from the point at 
which the fuel is received from the commercial supplier to the 
point of use. 
SEC. 333. STUDY ON SOLAR AND WIND ENERGY FOR USE FOR EXPEDI-
TIONARY FORCES. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a study to examine the feasibility of using solar and wind energy 
to provide electricity for expeditionary forces. 
(b) MATTERS EXAMINED.—In conducting the study required by 
subsection (a), the Secretary shall examine, at a minimum, each 
of the following: 
(1) The potential for solar and wind energy to reduce the 
fuel supply needed to provide electricity for expeditionary forces 
and the extent to which such reduction will decrease the risk 
of casualties by reducing the number of convoys needed to 
supply fuel to forward operating locations. 
(2) The cost of using solar and wind energy to provide 
electricity. 
(3) The potential savings of using solar and wind energy 
to provide electricity compared to current methods. 
(4) The environmental benefits of using solar and wind 
energy to provide electricity instead of the current methods. 
(5) The sustainability and operating requirements of solar 
and wind energy systems for providing electricity compared 
to current methods. 
(6) Potential opportunities for experimenting with the use 
of deployable solar and wind energy systems in current training 
environments, including remote areas of training ranges. 
(c) REPORT.—Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the results of the study 
required by subsection (a). 
SEC. 334. STUDY ON ALTERNATIVE AND SYNTHETIC FUELS. 
(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 
a study on alternatives to reduce the life cycle emissions of alter-
native and synthetic fuels (including coal-to-liquid fuels). 
(b) MATTERS EXAMINED.—The study shall examine, at a min-
imum, the following: 
(1) The potential clean energy alternatives for powering 
the conversion processes, including nuclear, solar, and wind 
energies. 
(2) The alternatives for reducing carbon emissions during 
the conversion processes. 
(3) The military utility of domestically-produced alternative 
and synthetic fuels for military operations and for use by 
expeditionary forces compared with the military utility and 
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122 STAT. 4422 
PUBLIC LAW 110–417—OCT. 14, 2008 
life cycle emissions of mobile, in-theater synthetic fuel proc-
esses. 
(4) The goals and progress of the military departments 
related to the research, testing, and certification for use of 
alternative or synthetic fuels in military vehicles and aircraft. 
(5) An analysis of trends, levels of investment, and the 
development of refining capacity in the alternative or synthetic 
fuel industry capable of meeting fuel requirements for the 
Department of Defense. 
(c) USE OF FEDERALLY FUNDED RESEARCH AND DEVELOPMENT 
CENTER.—The Secretary of Defense shall select a federally funded 
research and development center to perform the study required 
by subsection (a). 
(d) REPORT.—Not later than March 1, 2009, the federally funded 
research and development center shall submit to the congressional 
defense committees and the Secretary of Defense a report on the 
results of the study required by subsection (a). 
SEC. 335. MITIGATION OF POWER OUTAGE RISKS FOR DEPARTMENT 
OF DEFENSE FACILITIES AND ACTIVITIES. 
(a) RISK ASSESSMENT.—The Secretary of Defense shall conduct 
a comprehensive technical and operational risk assessment of the 
risks posed to mission critical installations, facilities, and activities 
of the Department of Defense by extended power outages resulting 
from failure of the commercial electricity supply or grid and related 
infrastructure. 
(b) RISK MITIGATION PLANS.— 
(1) IN GENERAL.—The Secretary of Defense shall develop 
integrated prioritized plans to eliminate, reduce, or mitigate 
significant risks identified in the risk assessment under sub-
section (a). 
(2) ADDITIONAL CONSIDERATIONS.—In developing the risk 
mitigation plans under paragraph (1), the Secretary of Defense 
shall— 
(A) prioritize the mission critical installations, facili-
ties, and activities that are subject to the greatest and 
most urgent risks; and 
(B) consider the cost effectiveness of risk mitigation 
options. 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—The Secretary of Defense shall submit 
a report on the efforts of the Department of Defense to mitigate 
the risks described in subsection (a) as part of the budget 
justification materials submitted to Congress in support of the 
Department of Defense budget for fiscal year 2010 and each 
fiscal year thereafter (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code). 
(2) CONTENT.—Each report submitted under paragraph (1) 
shall describe the integrated prioritized plans developed under 
subsection (b) and the progress made toward achieving the 
goals established under such subsection. 
10 USC 2911 
note. 
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122 STAT. 4423 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle E—Reports 
SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS OF ARMED 
FORCES. 
(a) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than June 1, 2009, the Comp-
troller General shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report on 
the readiness of the regular and reserve components of the 
Armed Forces. The report shall be unclassified but may contain 
a classified annex. 
(2) ONE OR MORE REPORTS.—In complying with the require-
ments of this section, the Comptroller General may submit 
a single report addressing all the elements specified in sub-
section (b) or two or more reports addressing any combination 
of such elements. 
(b) ELEMENTS.—The elements specified in this subsection are 
the following: 
(1) An analysis of the readiness status, as of the date 
of the enactment of this Act, of the regular and reserve compo-
nents of the Army and the Marine Corps, including any signifi-
cant changes in any trends with respect to such components 
since 2001. 
(2) An analysis of the readiness status, as of such date, 
of the regular and reserve components of the Air Force and 
the Navy, including a description of any major factors that 
affect the ability of the Navy or Air Force to provide trained 
and ready forces for ongoing operations and to meet overall 
readiness goals. 
(3) An analysis of the efforts of the Secretary of each 
military department to address any major factors affecting 
the readiness of the regular and reserve components under 
the jurisdiction of that Secretary. 
SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS OF NAVY 
AND AIR FORCE PERSONNEL. 
(a) REPORT REQUIRED.—At the same time as the budget for 
fiscal year 2010 is submitted to Congress under section 1105(a) 
of title 31, United States Code, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report on— 
(1) the plans of the Secretary of the Navy to improve 
the combat skills of the members of the Navy; and 
(2) the plans of the Secretary of the Air Force to improve 
the combat skills of the members of the Air Force. 
(b) ELEMENTS
OF REPORT.—The report required under sub-
section (a) shall include each of the following: 
(1) The criteria that the Secretary of the Air Force and 
the Secretary of the Navy use to select permanent sites for 
their Common Battlefield Airmen Training and Expeditionary 
Combat Skills courses. 
(2) An identification of the extent to which the Secretary 
of the Navy and Secretary of the Air Force coordinated with 
each other and with the Secretary of the Army and the Com-
mandant of the Marine Corps with respect to their plans to 
expand combat skills training for members of the Navy and 
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122 STAT. 4424 
PUBLIC LAW 110–417—OCT. 14, 2008 
Air Force, respectively, together with a complete list of bases 
or locations that were considered as possible sites for the coordi-
nated training. 
(3) The estimated implementation and sustainment costs 
for the Air Force Common Battlefield Airmen Training and 
Navy Expeditionary Combat Skills courses. 
(4) The estimated cost savings, if any, which could result 
by carrying out such combat skills training at existing Depart-
ment of Defense facilities or by using existing ground combat 
training resources. 
SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE OF THE ARMY 
RESERVE AND NATIONAL GUARD AS AN OPERATIONAL 
RESERVE. 
(a) REPORT REQUIRED.—Not later than June 1, 2009, the Comp-
troller General shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the use 
of the Army Reserve and Army National Guard forces as an oper-
ational reserve. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include a description of current and programmed resources, force 
structure, and organizational challenges that the Army Reserve 
and Army National Guard forces may face serving as an operational 
reserve, including— 
(1) force structure; 
(2) manning; 
(3) equipment availability, maintenance, and logistics 
issues; 
(4) training constraints limiting access to— 
(A) facilities and ranges, including the Combat 
Training Centers; and 
(B) military schools and skill training; and 
(5) any conflicts with requirements under title 32, United 
States Code. 
SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BETWEEN 
PREPARATION AND USE OF ARMY RESERVE COMPONENT 
FORCES TO SUPPORT ONGOING OPERATIONS. 
(a) REPORT REQUIRED.—Not later than June 1, 2009, the Comp-
troller General shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the correla-
tion between the preparation and operational use of the Army’s 
reserve component forces. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include— 
(1) an analysis of the Army’s training relative to the 
employment of reserve component units— 
(A) to execute the wartime or primary missions of 
the Army for which the units are designed; and 
(B) to execute missions to which such units are 
assigned, as of the date of the enactment of this Act, 
in support of ongoing operations in Iraq and Afghanistan, 
including factors affecting unit or individual preparation, 
the effect of notification timelines, and access to training 
facilities, including the Combat Training Centers; 
(2) an analysis of the effect of mobilization and deployment 
laws, regulations, goals, and policies on the Army’s ability 
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122 STAT. 4425 
PUBLIC LAW 110–417—OCT. 14, 2008 
to train and employ reserve component units for the purposes 
described in paragraph (1); and 
(3) any other information that the Comptroller General 
determines is relevant. 
SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY OF 
FUNDING, STAFFING, AND ORGANIZATION OF DEPART-
MENT OF DEFENSE MILITARY MUNITIONS RESPONSE PRO-
GRAM. 
(a) REPORT REQUIRED.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on the adequacy of the funding, staffing, 
and organization of the Military Munitions Response Program of 
the Department of Defense. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include— 
(1) an analysis of the funding, staffing, and organization 
of the Military Munitions Response Program; and 
(2) an assessment of the Program mechanisms for the 
accountability, reporting, and monitoring of the progress of 
munitions response projects and methods to reduce the length 
of time of such projects. 
Subtitle F—Other Matters 
SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN REPORTING 
REQUIREMENT. 
Section 2222(i) of title 10, United States Code, is amended 
by striking ‘‘2009’’ and inserting ‘‘2013’’. 
SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EXCHANGED 
DOCUMENTS, HISTORICAL ARTIFACTS, AND CONDEMNED 
OR OBSOLETE COMBAT MATERIEL. 
Section 2572(d) of title 10, United States Code, is amended— 
(1) in paragraph (1), by adding at the end the following 
new sentence: ‘‘The Secretary concerned shall ensure that an 
item authorized to be donated under this section is demili-
tarized in the interest of public safety, as determined necessary 
by the Secretary or the Secretary’s delegee.’’; and 
(2) in paragraph (2)(A), by inserting before the period at 
the end the following: ‘‘, including any expense associated with 
demilitarizing an item under paragraph (1), for which the 
recipient of the item shall be responsible’’. 
SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF AIR FORCE 
PROVIDE TRAINING AND SUPPORT TO OTHER MILITARY 
DEPARTMENTS FOR A–10 AIRCRAFT. 
(a) REPEAL.—Chapter 901 of title 10, United States Code, is 
amended by striking section 9316. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by striking the item relating 
to section 9316. 
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122 STAT. 4426 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR AIR SOV-
EREIGNTY ALERT MISSION. 
(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION DOCU-
MENTS.—For fiscal year 2010 and each subsequent fiscal year, the 
Secretary of Defense shall submit to the President, for consideration 
by the President for inclusion with the budget materials submitted 
to Congress under section 1105(a) of title 31, United States Code, 
a consolidated budget justification display that covers all programs 
and activities of the Air Sovereignty Alert mission of the Air Force. 
(b) REQUIREMENTS FOR BUDGET DISPLAY.—The budget display 
under subsection (a) for a fiscal year shall include for such fiscal 
year the following: 
(1) The funding requirements for the Air Sovereignty Alert 
mission, and the associated Command and Control mission, 
including such requirements for— 
(A) military personnel costs; 
(B) flying hours; and 
(C) any other associated mission costs. 
(2) The amount in the budget for the Air Force for each 
of the items referred to in paragraph (1). 
(3) The amount in the budget for the Air National Guard 
for each such item. 
SEC. 355. REVISION OF CERTAIN AIR FORCE REGULATIONS REQUIRED. 
(a) REVISION REQUIRED.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of the Air Force 
shall revise the Air Freight Transportation Regulation Number 
5, dated January 15, 1999, to conform with Defense Transportation 
Regulations to ensure that freight covered by Air Freight Transpor-
tation Regulation Number 5 is carried in accordance with commer-
cial best practices that are based upon a mode-neutral approach. 
(b) MODE-NEUTRAL APPROACH DEFINED.—For purposes of this 
section, the term ‘‘mode-neutral approach’’ means a method of ship-
ment that allows a shipper to choose a carrier with a time-definite 
performance standard for delivery without specifying a particular 
mode of conveyance and allows the carrier to select the mode 
of conveyance using best commercial practices as long as the mode 
of conveyance can reasonably be expected to ensure the time-definite 
delivery requested by the shipper. 
SEC. 356. TRANSFER OF C–12 AIRCRAFT TO CALIFORNIA DEPARTMENT 
OF FORESTRY AND FIRE PROTECTION. 
(a) AUTHORITY.—The Secretary of the Army may convey to 
the California Department of Forestry and Fire Protection (herein-
after in this section referred to as ‘‘CAL FIRE’’) all right, title, 
and interest of the United States in three C–12 aircraft that the 
Secretary has determined are surplus to need. 
(b) CONVEYANCE AT NO COST TO THE UNITED STATES.—The 
conveyance of an aircraft authorized by this section shall be made 
at no cost to the United States. Any costs associated with such 
conveyance, costs of determining compliance with terms of the 
conveyance, and costs of operation and maintenance of the aircraft 
conveyed shall be borne by CAL FIRE. 
SEC. 357. LIMITATION ON TREATMENT OF RETIRED B–52 AIRCRAFT 
FOR AIR COMBAT COMMAND HEADQUARTERS. 
Section 131(a)(4) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Deadline. 
10 USC 221 note. 
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122 STAT. 4427 
PUBLIC LAW 110–417—OCT. 14, 2008 
Stat. 2111), as amended by section 137(a)(2) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 32), is further amended by striking ‘‘may use not more than 
2 such aircraft for maintenance ground training’’ and inserting 
‘‘may use not more than 4 such aircraft for maintenance ground 
training’’. 
SEC. 358. INCREASE OF DOMESTIC BREEDING OF MILITARY WORKING 
DOGS USED BY THE DEPARTMENT OF DEFENSE. 
(a) INCREASED CAPACITY.—The Secretary of Defense, acting 
through the Executive Agent for Military Working Dogs (hereinafter 
in this section referred to as the ‘‘Executive Agent’’), shall— 
(1) identify the number of military working dogs required 
to fulfill the various missions of the Department of Defense 
for which such dogs are used, including force protection, facility 
and check point security, and explosives and drug detection; 
(2) take such steps as are practicable to ensure an adequate 
number of military working dog teams are available to meet 
and sustain the mission requirements identified in paragraph 
(1); 
(3) ensure that the Department’s needs and performance 
standards with respect to military working dogs are readily 
available to dog breeders and trainers; and 
(4) coordinate with other Federal, State, or local agencies, 
nonprofit organizations, universities, or private sector entities, 
as appropriate, to increase the training capacity for military 
working dog teams. 
(b) MILITARY WORKING DOG PROCUREMENT.—The Secretary, 
acting through the Executive Agent shall work to ensure that 
military working dogs are procured as efficiently as possible and 
at the best value to the Government, while maintaining the nec-
essary level of quality and encouraging increased domestic breeding. 
(c) MILITARY WORKING DOG DEFINED.—For purposes of this 
section, the term ‘‘military working dog’’ means a dog used in 
any official military capacity, as defined by the Secretary of Defense. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 416. Additional waiver authority of limitation on number of reserve component 
members authorized to be on active duty. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
10 USC 2302 
note. 
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122 STAT. 4428 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2009, as follows: 
(1) The Army, 532,400. 
(2) The Navy, 326,323. 
(3) The Marine Corps, 194,000. 
(4) The Air Force, 317,050. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 
MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is amended 
by striking paragraphs (1) through (4) and inserting the following 
new paragraphs: 
‘‘(1) For the Army, 532,400. 
‘‘(2) For the Navy, 325,300. 
‘‘(3) For the Marine Corps, 194,000. 
‘‘(4) For the Air Force, 317,050.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2009, as follows: 
(1) The Army National Guard of the United States, 352,600. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 66,700. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United States, 106,756. 
(6) The Air Force Reserve, 67,400. 
(7) The Coast Guard Reserve, 10,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 
by subsection (a) for the Selected Reserve of any reserve component 
shall be proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or individual 
members of the Selected Reserve of any reserve component are 
released from active duty during any fiscal year, the end strength 
prescribed for such fiscal year for the Selected Reserve of such 
reserve component shall be increased proportionately by the total 
authorized strengths of such units and by the total number of 
such individual members. 
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122 STAT. 4429 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2009, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 32,060. 
(2) The Army Reserve, 16,170. 
(3) The Navy Reserve, 11,099. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United States, 14,360. 
(6) The Air Force Reserve, 2,733. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
STATUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 2009 for the reserve components 
of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following: 
(1) For the Army Reserve, 8,395. 
(2) For the Army National Guard of the United States, 
27,210. 
(3) For the Air Force Reserve, 10,003. 
(4) For the Air National Guard of the United States, 22,452. 
SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL 
STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation provided in 
section 10217(c)(2) of title 10, United States Code, the number 
of non-dual status technicians employed by the National Guard 
as of September 30, 2009, may not exceed the following: 
(A) For the Army National Guard of the United States, 
1,600. 
(B) For the Air National Guard of the United States, 
350. 
(2) ARMY RESERVE.—The number of non-dual status techni-
cians employed by the Army Reserve as of September 30, 2009, 
may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non-dual status 
technicians employed by the Air Force Reserve as of September 
30, 2009, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 
the term ‘‘non-dual status technician’’ has the meaning given that 
term in section 10217(a) of title 10, United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 
During fiscal year 2009, the maximum number of members 
of the reserve components of the Armed Forces who may be serving 
at any time on full-time operational support duty under section 
115(b) of title 10, United States Code, is the following: 
(1) The Army National Guard of the United States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
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122 STAT. 4430 
PUBLIC LAW 110–417—OCT. 14, 2008 
(5) The Air National Guard of the United States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON 
NUMBER OF RESERVE COMPONENT MEMBERS AUTHOR-
IZED TO BE ON ACTIVE DUTY. 
(a) ADDITIONAL WAIVER AUTHORITY.—Subsection (a) of section 
123a of title 10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘If at the end’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) When a designation of a major disaster or emergency 
(as those terms are defined in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) 
is in effect, the President may waive any statutory limit that 
would otherwise apply during the period of the designation on 
the number of members of a reserve component who are authorized 
to be on active duty under subparagraph (A) or (B) of section 
115(b)(1) of this title, if the President determines the waiver is 
necessary to provide assistance in responding to the major disaster 
or emergency.’’. 
(b) TERMINATION OF WAIVER.—Subsection (b) of such section 
is amended— 
(1) by striking the subsection heading and inserting the 
following: ‘‘TERMINATION OF WAIVER.—(1)’’; 
(2) by striking ‘‘subsection (a)’’ and inserting ‘‘subsection 
(a)(1)’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(2) A waiver granted under subsection (a)(2) shall terminate 
not later than 90 days after the date on which the designation 
of the major disaster or emergency that was the basis for the 
waiver expires.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 123a. Suspension of end-strength and other strength 
limitations in time of war or national emergency’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 3 of such title is amended by striking the 
item relating to section 123a and inserting the following new 
item: 
‘‘123a. Suspension of end-strength and other strength limitations in time of war or 
national emergency.’’. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the Depart-
ment of Defense for military personnel for fiscal year 2009 a total 
of $124,791,336,000. The authorization in the preceding sentence 
supersedes any other authorization of appropriations (definite or 
indefinite) for such purpose for fiscal year 2009. 
Termination 
date. 
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122 STAT. 4431 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Mandatory separation requirements for regular warrant officers for 
length of service. 
Sec. 502. Requirements for issuance of posthumous commissions and warrants. 
Sec. 503. Authorized number of general officers on active duty in the Army and 
Marine Corps, limited exclusion for joint duty requirements, and in-
crease in number of officers serving in grades above major general and 
rear admiral. 
Sec. 504. Modification of authority on Staff Judge Advocate to the Commandant of 
the Marine Corps. 
Sec. 505. Eligibility of reserve officers to serve on boards of inquiry for separation 
of regular officers for substandard performance and other reasons. 
Sec. 506. Delayed authority to alter distribution requirements for commissioned of-
ficers on active duty in general officer and flag officer grades and limita-
tions on authorized strengths of general and flag officers on active duty. 
Subtitle B—Reserve Component Management 
Sec. 511. Extension to other reserve components of Army authority for deferral of 
mandatory separation of military technicians (dual status) until age 60. 
Sec. 512. Modification of authorized strengths for certain Army National Guard, 
Marine Corps Reserve, and Air National Guard officers and Army Na-
tional Guard enlisted personnel serving on full-time reserve component 
duty. 
Sec. 513. Clarification of authority to consider for a vacancy promotion National 
Guard officers ordered to active duty in support of a contingency oper-
ation. 
Sec. 514. Increase in mandatory retirement age for certain Reserve officers. 
Sec. 515. Age limit for retention of certain Reserve officers on active-status list as 
exception to removal for years of commissioned service. 
Sec. 516. Authority to retain Reserve chaplains and officers in medical and related 
specialties until age 68. 
Sec. 517. Modification of authorities on dual duty status of National Guard officers. 
Sec. 518. Study and report regarding Marine Corps personnel policies regarding as-
signments in Individual Ready Reserve. 
Sec. 519. Report on collection of information on civilian skills of members of the re-
serve components of the Armed Forces. 
Subtitle C—Joint Qualified Officers and Requirements 
Sec. 521. Joint duty requirements for promotion to general or flag officer. 
Sec. 522. Technical, conforming, and clerical changes to joint specialty terminology. 
Sec. 523. Promotion policy objectives for joint qualified officers. 
Sec. 524. Length of joint duty assignments. 
Sec. 525. Designation of general and flag officer positions on Joint Staff as posi-
tions to be held only by reserve component officers. 
Sec. 526. Modification of limitations on authorized strengths of reserve general and 
flag officers in active status serving in joint duty assignments. 
Sec. 527. Reports on joint education courses available through the Department of 
Defense. 
Subtitle D—General Service Authorities 
Sec. 531. Increase in maximum period of reenlistment of regular members of the 
Armed Forces. 
Sec. 532. Paternity leave for members of the Armed Forces. 
Sec. 533. Pilot programs on career flexibility to enhance retention of members of 
the Armed Forces. 
Subtitle E—Education and Training 
Sec. 540. Authorized strength of military service academies and repeal of prohibi-
tion on phased increase in midshipmen and cadet strength limit at 
Naval Academy and Air Force Academy. 
Sec. 541. Promotion of foreign and cultural exchange activities at military service 
academies. 
Sec. 542. Increased authority to enroll defense industry employees in defense prod-
uct development program. 
Sec. 543. Expanded authority for institutions of professional military education to 
award degrees. 
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122 STAT. 4432 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 544. Tuition for attendance of Federal employees at the United States Air 
Force Institute of Technology. 
Sec. 545. Increase in number of permanent professors at the United States Air 
Force Academy. 
Sec. 546. Requirement of completion of service under honorable conditions for pur-
poses of entitlement to educational assistance for reserve component 
members supporting contingency operations. 
Sec. 547. Consistent education loan repayment authority for health professionals in 
regular components and Selected Reserve. 
Sec. 548. Increase in number of units of Junior Reserve Officers’ Training Corps. 
Sec. 549. Correction of erroneous Army College Fund benefit amounts. 
Sec. 550. Enhancing education partnerships to improve accessibility and flexibility 
for members of the Armed Forces. 
Subtitle F—Defense Dependents’ Education 
Sec. 551. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 552. Impact aid for children with severe disabilities. 
Sec. 553. Transition of military dependent students among local educational agen-
cies. 
Sec. 554. Calculation of payments for eligible federally connected children under 
Department of Education’s Impact Aid program. 
Subtitle G—Military Justice 
Sec. 561. Effective period of military protective orders. 
Sec. 562. Mandatory notification of issuance of military protective order to civilian 
law enforcement. 
Sec. 563. Implementation of information database on sexual assault incidents in 
the Armed Forces. 
Subtitle H—Decorations, Awards, and Honorary Promotions 
Sec. 571. Replacement of military decorations. 
Sec. 572. Authorization and request for award of Medal of Honor to Richard L. 
Etchberger for acts of valor during the Vietnam War. 
Subtitle I—Military Families 
Sec. 581. Presentation of burial flag to the surviving spouse and children of de-
ceased members of the Armed Forces. 
Sec. 582. Education and training opportunities for military spouses. 
Sec. 583. Sense of Congress regarding honor guard details for funerals of veterans. 
Subtitle J—Other Matters 
Sec. 591. Prohibition on interference in independent legal advice by the Legal 
Counsel to the Chairman of the Joint Chiefs of Staff. 
Sec. 592. Interest payments on certain claims arising from correction of military 
records. 
Sec. 593. Extension of limitation on reductions of personnel of agencies responsible 
for review and correction of military records. 
Sec. 594. Modification of matching fund requirements under National Guard Youth 
Challenge Program. 
Sec. 595. Military salute for the flag during the national anthem by members of the 
Armed Forces not in uniform and by veterans. 
Sec. 596. Military Leadership Diversity Commission. 
Sec. 597. Demonstration project on service of retired nurse corps officers as faculty 
at civilian nursing schools. 
Sec. 598. Report on planning for participation and hosting of the Department of De-
fense in international sports activities, competitions, and events. 
Subtitle A—Officer Personnel Policy 
Generally 
SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR REGULAR 
WARRANT OFFICERS FOR LENGTH OF SERVICE. 
Section 1305(a) of title 10, United States Code, is amended— 
(1) by striking ‘‘A regular warrant officer who has at least 
30 years of active service as a warrant officer that could be 
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122 STAT. 4433 
PUBLIC LAW 110–417—OCT. 14, 2008 
credited to him’’ and inserting ‘‘(1) A regular warrant officer 
(other than a regular Army warrant officer) who has at least 
30 years of active service that could be credited to the officer’’; 
and 
(2) by adding at the end the following new paragraph: 
‘‘(2) In the case of a regular Army warrant officer, the calcula-
tion of years of active service under paragraph (1) shall include 
only years of active service as a warrant officer.’’. 
SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMIS-
SIONS AND WARRANTS. 
(a) POSTHUMOUS
COMMISSIONS.—Section 1521 of title 10, 
United States Code, is amended— 
(1) in subsection (a), by striking ‘‘in line of duty’’ each 
place it appears; and 
(2) by adding at the end the following new subsection: 
‘‘(c) A commission issued under subsection (a) in connection 
with the promotion of a deceased member to a higher commissioned 
grade shall require certification by the Secretary concerned that, 
at the time of death of the member, the member was qualified 
for appointment to that higher grade.’’. 
(b) POSTHUMOUS WARRANTS.—Section 1522 of such title is 
amended— 
(1) in subsection (a), by striking ‘‘in line of duty’’; and 
(2) by adding at the end the following new subsection: 
‘‘(c) A warrant issued under subsection (a) in connection with 
the promotion of a deceased member to a higher grade shall require 
a finding by the Secretary concerned that, at the time of death 
of the member, the member was qualified for appointment to that 
higher grade.’’. 
SEC. 503. AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE 
DUTY IN THE ARMY AND MARINE CORPS, LIMITED EXCLU-
SION FOR JOINT DUTY REQUIREMENTS, AND INCREASE 
IN NUMBER OF OFFICERS SERVING IN GRADES ABOVE 
MAJOR GENERAL AND REAR ADMIRAL. 
(a) INCREASE IN NUMBER OF ARMY GENERAL OFFICERS.—Section 
526(a)(1) of title 10, United States Code, is amended by striking 
‘‘302’’ and inserting ‘‘307’’. 
(b) INCREASE IN NUMBER OF MARINE CORPS GENERAL OFFI-
CERS.—Section 526(a)(4) of such title is amended by striking ‘‘80’’ 
and inserting ‘‘81’’. 
(c) INCREASE IN EXCLUSION FOR JOINT DUTY REQUIREMENTS.— 
Section 526(b)(1) of such title is amended by striking ‘‘12’’ and 
inserting ‘‘65’’. 
(d) INCREASE
IN NUMBER
OF OFFICERS SERVING
IN GRADES 
ABOVE MAJOR GENERAL AND REAR ADMIRAL.—Section 525 of such 
title is amended— 
(1) in the first sentence of subsection (a), by striking ‘‘that 
armed force’’ and inserting ‘‘the Army or Air Force, or more 
than 51 percent of the general officers of the Marine Corps,’’; 
and 
(2) in subsection (b)— 
(A) in paragraphs (1) and (2)(A), by striking ‘‘16.3 
percent’’ each place it appears and inserting ‘‘16.4 percent’’; 
and 
(B) in paragraph (2)(B), by striking ‘‘17.5 percent’’ and 
inserting ‘‘19 percent’’. 
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122 STAT. 4434 
PUBLIC LAW 110–417—OCT. 14, 2008 
(e) ACQUISITION AND CONTRACTING BILLETS.— 
(1) RESERVATION OF ARMY INCREASE.—The increase in the 
number of general officers on active duty in the Army, as 
authorized by the amendment made by subsection (a) is 
reserved for general officers in the Army who serve in an 
acquisition position. 
(2) RESERVATION OF PORTION OF INCREASE IN JOINT DUTY 
ASSIGNMENTS EXCLUDED FROM LIMITATION.—Of the increase in 
the number of general officer and flag officer joint duty assign-
ments that may be designated for exclusion from the limitations 
on the number of general officers and flag officers on active 
duty, as authorized by the amendment made by subsection 
(c), five of the designated assignments are reserved for general 
officers or flag officers who serve in an acquisition position, 
including one assignment in the Defense Contract Management 
Agency. 
SEC. 504. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE 
TO THE COMMANDANT OF THE MARINE CORPS. 
(a) GRADE OF STAFF JUDGE ADVOCATE TO THE COMMANDANT 
OF THE MARINE CORPS.—Section 5046(a) of title 10, United States 
Code, is amended by striking the last sentence and inserting the 
following new sentence: ‘‘The Staff Judge Advocate to the Com-
mandant of the Marine Corps, while so serving, has the grade 
of major general.’’. 
(b) EXCLUSION FROM GENERAL OFFICER DISTRIBUTION LIMITA-
TIONS.—Section 525(a) of such title, as amended by section 503, 
is further amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) An officer while serving in the position of Staff Judge 
Advocate to the Commandant of the Marine Corps under section 
5046 of this title is in addition to the number that would otherwise 
be permitted for the Marine Corps for officers in grades above 
brigadier general under the first sentence of paragraph (1).’’. 
SEC. 505. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS 
OF INQUIRY FOR SEPARATION OF REGULAR OFFICERS 
FOR SUBSTANDARD PERFORMANCE AND OTHER REASONS. 
(a) ELIGIBILITY.—Section 1187 of title 10, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (2); and 
(B) by redesignating paragraphs (3) and (4) as para-
graphs (2) and (3), respectively; and 
(2) in subsection (b), by striking ‘‘on active duty’’ in the 
matter preceding paragraph (1). 
(b) CONFORMING AMENDMENT.—The heading of subsection (a) 
of such section is amended by striking ‘‘ACTIVE DUTY OFFICERS’’ 
and inserting ‘‘IN GENERAL’’. 
SEC. 506. DELAYED AUTHORITY TO ALTER DISTRIBUTION REQUIRE-
MENTS FOR COMMISSIONED OFFICERS ON ACTIVE DUTY 
IN GENERAL OFFICER AND FLAG OFFICER GRADES AND 
LIMITATIONS ON AUTHORIZED STRENGTHS OF GENERAL 
AND FLAG OFFICERS ON ACTIVE DUTY. 
(a) IMPLEMENTATION OF SPECIAL GENERAL OFFICER AND FLAG 
OFFICER AUTHORITY.— 
10 USC 525 note. 
10 USC 526 note. 
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122 STAT. 4435 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) REPORT ON PROPOSED IMPLEMENTATION.—The Secretary 
of Defense shall submit to the Committees on Armed Forces 
of the Senate and House of Representatives a report, reflecting 
input from the Armed Forces, containing the following: 
(A) A statement of the total number of validated and 
required joint duty assignments for general officers and 
flag officers and the total number of validated assignments 
for general officers and flag officers required by the Army, 
Navy, Air Force, and Marine Corps to meet internal (non- 
joint) requirements. 
(B) A description of the process used by the Secretary 
of Defense and the Secretary of the military department 
concerned to validate joint general officer and flag officer 
requirements and authorizations under the authority pro-
vided by this section and how that process will function 
to make adjustments (increases and reductions) in the num-
bers of general officers and flag officers required for joint 
duty assignments and internal requirements of the Armed 
Force concerned. 
(C) A description of how the Secretary of Defense 
intends to minimize the incremental approaches to 
increases in the number of general officers and flag officers 
and the use of exemptions to effect such increases. 
(D) A description of how the Secretaries of the military 
departments intend to manage the increase and develop-
ment of general officer and flag officer positions under 
the authority provided by this section. 
(E) An explanation of and rationale for the grade dis-
tribution of the general and flag officers in the joint pool 
authorized by subsection (f)(1). 
(F) A proposal specifying such legislative changes, 
including technical and conforming changes, as may be 
necessary to conform sections 525, 526, and 721 of title 
10, United States Code, and such other provisions of such 
title relating to the management of general officers and 
flag officers to the authorities provided by this section. 
(2) TIME FOR IMPLEMENTATION.—After the end of the one- 
year period beginning on the date on which the Secretary 
of Defense submits the report required by paragraph (1), the 
Secretary of Defense may implement the authorities provided 
by this section regarding the distribution of commissioned offi-
cers on active duty in general officer and flag officer grades 
and altering the limitations on authorized strengths of general 
and flag officers on active duty. 
(3) EFFECT OF IMPLEMENTATION.—After the implementation 
date specified in paragraph (2), the authorities provided by 
this section supersede any requirement of section 525, 526, 
or 721 of title 10, United States Code, to the contrary. 
(b) DISTRIBUTION OF GENERAL AND FLAG OFFICERS.—After the 
implementation date specified in subsection (a)(2), no appointment 
of an officer on the active duty list officer may be made— 
(1) in the Army, if that appointment would result in more 
than— 
(A) 225 officers serving on active duty above the grade 
of colonel; 
(B) 7 officers in the grade of general; 
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122 STAT. 4436 
PUBLIC LAW 110–417—OCT. 14, 2008 
(C) 45 officers in a grade above the grade of major 
general; or 
(D) 90 officers in the grade of major general; 
(2) in the Air Force, if that appointment would result 
in more than— 
(A) 208 officers serving on active duty in a grade above 
the grade of colonel; 
(B) 9 officers in the grade of general; 
(C) 43 officers in a grade above the grade of major 
general; or 
(D) 73 officers in the grade of major general; 
(3) in the Navy, if that appointment would result in more 
than— 
(A) 160 officers serving on active duty in a grade above 
the grade of captain; 
(B) 6 officers in the grade of admiral; 
(C) 32 officers in a grade above the grade of rear 
admiral; or 
(D) 50 officers in the grade of rear admiral; or 
(4) in the Marine Corps, if that appointment would result 
in more than— 
(A) 60 officers serving on active duty in a grade above 
the grade of colonel; 
(B) 2 officers in the grade of general; 
(C) 15 officers in a grade above the grade of major 
general; or 
(D) 22 officers in the grade of major general. 
(c) EXCLUSION
OF
CERTAIN
OFFICERS
FROM
DISTRIBUTION 
LIMITS.— 
(1) JOINT ASSIGNMENTS.—The limitations contained in sub-
section (b) do not apply to officers serving in joint duty assign-
ments, as designated by the Secretary of Defense under section 
526(b) of title 10, United States Code, or this section or for 
officers released from joint duty assignments, but only during 
the 60-day period beginning on the date the officer departs 
the joint duty assignment. Of the officers serving in such joint 
duty assignments— 
(A) the number of officers in the grade of general 
or admiral may not exceed 20; 
(B) the number of officers in a grade above the grade 
of major general or rear admiral may not exceed 68; and 
(C) the number of officers in the grade of major general 
or rear admiral may not exceed 144. 
(2) OFFICERS AFTER RELIEF FROM CERTAIN POSITIONS.—An 
officer continuing to hold the grade of general or admiral under 
section 601(b)(4) of title 10 United States Code, after relief 
from the position of Chairman of the Joint Chiefs of Staff, 
Chief of Staff of the Army, Chief of Naval Operations, Chief 
of Staff of the Air Force, or Commandant of the Marine Corps 
shall not be counted for purposes of subsection (b). 
(3) ATTENDING
PHYSICIAN.—An officer while serving as 
Attending Physician to the Congress is in addition to the 
number that would otherwise be permitted for that officer’s 
Armed Force for officers serving on active duty in grades above 
brigadier general or rear admiral (lower half) under subsection 
(b). 
Time period. 
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122 STAT. 4437 
PUBLIC LAW 110–417—OCT. 14, 2008 
(4) OFFICERS PENDING RETIREMENT OR AFTER RELIEF AND 
RELATED CIRCUMSTANCES.—The following officers shall not be 
counted for purposes of subsection (b): 
(A) An officer of an Armed Force in the grade of briga-
dier general or above or, in the case of the Navy, in the 
grade of rear admiral (lower half) or above, who is on 
leave pending the retirement, separation, or release of that 
officer from active duty, but only during the 60-day period 
beginning on the date of the commencement of such leave 
of such officer. 
(B) An officer of an Armed Force who has been relieved 
from a position designated under section 601(a) of title 
10, United States Code, and is under orders to assume 
another such position, but only during the 60-day period 
beginning on the date on which those orders are published. 
(d) APPOINTMENTS IN EXCESS OF DISTRIBUTION LIMITS.— 
(1) APPOINTMENT
AUTHORITY.—Subject to paragraph (3), 
the President— 
(A) may make appointments in the Army, Air Force, 
and Marine Corps in the grade of lieutenant general and 
in the Army, Air Force, and Marine Corps in the grade 
of general in excess of the applicable numbers determined 
under subsection (b) if each such appointment is made 
in conjunction with an offsetting reduction under paragraph 
(2); and 
(B) may make appointments in the Navy in the grades 
of vice admiral and admiral in excess of the applicable 
numbers determined under subsection (b) if each such 
appointment is made in conjunction with an offsetting 
reduction under paragraph (2). 
(2) OFFSETTING REDUCTIONS.—For each appointment made 
under the authority of paragraph (1) in the Army, Air Force, 
or Marine Corps in the grade of lieutenant general or general 
or in the Navy in the grade of vice admiral or admiral, the 
number of appointments that may be made in the equivalent 
grade in one of the other Armed Forces (other than the Coast 
Guard) shall be reduced by one. When such an appointment 
is made, the President shall specify the Armed Force in which 
the reduction required by this paragraph is to be made. 
(3) MAXIMUM.—The number of officers that may be serving 
on active duty in the grades of lieutenant general and vice 
admiral by reason of appointments made under the authority 
of paragraph (1) may not exceed 15. The number of officers 
that may be serving on active duty in the grades of general 
and admiral by reason of appointments made under the 
authority of paragraph (1) may not exceed 5. 
(4) DURATION
OF
REDUCTION.—Upon the termination of 
the appointment of an officer in the grade of lieutenant general 
or vice admiral or general or admiral that was made in connec-
tion with an increase under paragraph (1) in the number of 
officers that may be serving on active duty in that Armed 
Force in that grade, the reduction made under paragraph (2) 
in the number of appointments permitted in such grade in 
another Armed Force by reason of that increase shall no longer 
be in effect. 
President. 
President. 
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122 STAT. 4438 
PUBLIC LAW 110–417—OCT. 14, 2008 
(e) AUTHORIZED STRENGTH LIMITS
FOR GENERAL
AND FLAG 
OFFICERS ON ACTIVE DUTY.—After the implementation date speci-
fied in subsection (a)(2), the number of general officers on active 
duty in the Army, Air Force, and Marine Corps, and the number 
of flag officers on active duty in the Navy, may not exceed the 
number specified for the Armed Force concerned as follows: 
(1) For the Army, 225. 
(2) For the Navy, 160. 
(3) For the Air Force, 208. 
(4) For the Marine Corps, 60. 
(f) LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS.— 
(1) DESIGNATION OF POSITIONS.—The Secretary of Defense 
may designate up to 324 general officer and flag officer positions 
that are joint duty assignments for the purposes of chapter 
38 of title 10, United States Code, for exclusion from the limita-
tions in subsection (e). The Secretary of Defense will allocate 
these exclusions to the Armed Forces based on the number 
of general or flag officers required from each Armed Force 
for assignment to these designated positions. 
(2) MINIMUM NUMBER OF POSITIONS.—Unless the Secretary 
of Defense determines that a lower number is in the best 
interests of the United States, the minimum number of officers 
serving in positions designated under paragraph (1) for each 
Armed Force shall be as follows: 
(A) For the Army, 85. 
(B) For the Navy, 61. 
(C) For the Air Force, 76. 
(D) For the Marine Corps, 21. 
(g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEM-
PORARY BILLETS.—The limitations in subsection (e) do not apply 
to a general or flag officer assigned to a temporary joint duty 
assignment billet designated by the Secretary of Defense for pur-
poses of this section. A general or flag officer assigned to a tem-
porary joint duty assignment as described in this subsection may 
not be excluded under this subsection from the limitations in sub-
section (e) for a period longer than one year. 
(h) EXCLUSION OF CERTAIN RESERVE OFFICERS.— 
(1) DISTRIBUTION LIMITS.—The limitations of subsection (b) 
do not apply to a reserve component general or flag officer 
who is on active duty and serving in billets other than joint 
duty assignments under a call or order specifying a period 
of not longer than two years. 
(2) AUTHORIZED STRENGTH LIMITS.—The limitations in sub-
section (e) do not apply to a reserve component general or 
flag officer who is on active duty and serving in a position 
that is a joint duty assignment for the purposes of chapter 
38 of title 10, United States Code, for a period not to exceed 
three years. 
(i) PENDING OR AFTER JOINT DUTY ASSIGNMENTS.—Upon deter-
mination by the Secretary of Defense that such action is in the 
national interest, the Secretary may allow the Secretary of a mili-
tary department to exceed the distribution of general and flag 
officers established under subsection (b) and the limitation in sub-
section (e) for up to one year for officers pending assignment to 
or return from joint duty assignments designated under section 
526(b) of title 10, United States Code, or this section. 
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122 STAT. 4439 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle B—Reserve Component 
Management 
SEC. 511. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY 
AUTHORITY FOR DEFERRAL OF MANDATORY SEPARATION 
OF MILITARY TECHNICIANS (DUAL STATUS) UNTIL AGE 60. 
Section 10216(f) of title 10, United States Code, is amended 
by inserting ‘‘and the Secretary of the Air Force’’ after ‘‘Secretary 
of the Army’’. 
SEC. 512. MODIFICATION OF AUTHORIZED STRENGTHS FOR CERTAIN 
ARMY NATIONAL GUARD, MARINE CORPS RESERVE, AND 
AIR NATIONAL GUARD OFFICERS AND ARMY NATIONAL 
GUARD ENLISTED PERSONNEL SERVING ON FULL-TIME 
RESERVE COMPONENT DUTY. 
(a) ARMY NATIONAL GUARD AND MARINE CORPS RESERVE OFFI-
CERS.—The table in section 12011(a) of title 10, United States 
Code, relating to the number of officers of a reserve component 
who may be serving in the grades of major, lieutenant colonel, 
or colonel given the total number of members of that reserve compo-
nent serving on full-time reserve component duty, is amended by 
striking the portion of the table relating to the Army National 
Guard and the Marine Corps Reserve and inserting the following: 
‘‘Army National Guard: 
20,000 ..............................
1,500 
850 
325 
22,000 ..............................
1,650 
930 
350 
24,000 ..............................
1,790 
1,010 
378 
26,000 ..............................
1,930 
1,085 
395 
28,000 ..............................
2,070 
1,168 
420 
30,000 ..............................
2,200 
1,245 
445 
32,000 ..............................
2,330 
1,315 
460 
34,000 ..............................
2,450 
1,385 
470 
36,000 ..............................
2,570 
1,455 
480 
38,000 ..............................
2,670 
1,527 
490 
40,000 ..............................
2,770 
1,590 
500 
42,000 ..............................
2,837 
1,655 
505 
‘‘Marine Corps Reserve: 
1,000 ................................
99 
63 
20
1,200 ................................
103 
67 
21
1,300 ................................
107 
70 
22
1,400 ................................
111 
73 
23
1,500 ................................
114 
76 
24
1,600 ................................
117 
79 
25
1,700 ................................
120 
82 
26
1,800 ................................
123 
85 
27
1,900 ................................
126 
88 
28
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122 STAT. 4440 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘Marine Corps Reserve: 
2,000 ................................
129 
91 
29
2,100 ................................
132 
94 
30
2,200 ................................
134 
97 
31
2,300 ................................
136 
100 
32
2,400 ................................
138 
103 
33
2,500 ................................
140 
106 
34
2,600 ................................
142 
109 
35’’. 
(b) AIR NATIONAL GUARD OFFICERS.—The table in such section 
is further amended by striking the portion of the table relating 
to the Air National Guard and inserting the following: 
‘‘Air National Guard: 
5,000 ................................
333 
335 
251
6,000 ................................
403 
394 
260
7,000 ................................
472 
453 
269
8,000 ................................
539 
512 
278
9,000 ................................
606 
571 
287
10,000 ..............................
673 
665 
313
11,000 ..............................
740 
759 
339
12,000 ..............................
807 
827 
353
13,000 ..............................
873 
886 
363
14,000 ..............................
939 
945 
374
15,000 ..............................
1,005 
1,001 
384
16,000 ..............................
1,067 
1,057 
394
17,000 ..............................
1,126 
1,113 
404
18,000 ..............................
1,185 
1,169 
414
19,000 ..............................
1,235 
1,224 
424
20,000 ..............................
1,283 
1,280 
428’’. 
(c) ARMY NATIONAL GUARD ENLISTED PERSONNEL.—The table 
in section 12012(a) of such title, relating to the number of members 
of a reserve component who may be serving in the grade of E– 
8 or E–9 given the total number of members of that reserve compo-
nent serving on full-time reserve component duty, is amended by 
striking the portion of the table relating to the Army National 
Guard and inserting the following: 
‘‘Army National Guard: 
20,000 ......................................................
1,650 
550
22,000 ......................................................
1,775 
615
24,000 ......................................................
1,950 
645
26,000 ......................................................
2,100 
675
28,000 ......................................................
2,250 
715
30,000 ......................................................
2,400 
735
32,000 ......................................................
2,500 
760
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122 STAT. 4441 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘Army National Guard: 
34,000 ......................................................
2,600 
780
36,000 ......................................................
2,700 
800
38,000 ......................................................
2,800 
820
40,000 ......................................................
2,900 
830
42,000 ......................................................
3,000 
840’’. 
SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A 
VACANCY 
PROMOTION 
NATIONAL 
GUARD 
OFFICERS 
ORDERED TO ACTIVE DUTY IN SUPPORT OF A CONTIN-
GENCY OPERATION. 
(a) ADDITIONAL EXCEPTION.—Subsection (d) of section 14317 
of title 10, United States Code, is amended— 
(1) in the first sentence— 
(A) by striking ‘‘Except’’ and inserting ‘‘(1) Except’’; 
(B) by striking ‘‘unless the officer is ordered’’ and 
inserting ‘‘unless the officer— 
‘‘(A) is ordered’’; 
(C) by striking the period at the end and inserting 
‘‘; or’’; and 
(D) by adding at the end the following new subpara-
graph: 
‘‘(B) has been ordered to or is serving on active duty in 
support of a contingency operation.’’; and 
(2) in the second sentence, by striking ‘‘If’’ and inserting 
the following: 
‘‘(2) If’’. 
(b) CONSIDERATION FOR PROMOTION BY EXAMINATION FOR FED-
ERAL RECOGNITION.—Subsection (e)(1)(B) of such section is amended 
by inserting before the period at the end the following: ‘‘, or by 
examination for Federal recognition under title 32’’. 
SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN 
RESERVE OFFICERS. 
(a) SELECTIVE SERVICE AND PROPERTY AND FISCAL OFFICERS.— 
Section 12647 of title 10, United States Code, is amended by striking 
‘‘60 years’’ and inserting ‘‘62 years’’. 
(b) CERTAIN RESERVE OFFICERS IN GRADES OF MAJOR THROUGH 
BRIGADIER GENERAL.—Section 14702(b) of such title is amended— 
(1) in the subsection heading, by striking ‘‘AT AGE 60’’ 
and inserting ‘‘FOR AGE’’; and 
(2) by striking ‘‘subsection (a)(1) or (a)(2).’’ and all that 
follows through the period at the end of the last sentence 
and inserting the following: ‘‘paragraph (1) or (2) of subsection 
(a). An officer described in paragraph (1) of such subsection 
may not be retained under this section after the last day 
of the month in which the officer becomes 62 years of age. 
An officer described in paragraph (2) of such subsection may 
not be retained under this section after the last day of the 
month in which the officer becomes 60 years of age.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 14702 of 
such title is amended to read as follows: 
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122 STAT. 4442 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘§ 14702. Retention on reserve active-status list of certain 
officers in the grade of major, lieutenant colonel, 
colonel, or brigadier general’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 1409 of such title is amended by striking 
the item relating to section 14702 and inserting the following 
new item: 
‘‘14702. Retention on reserve active-status list of certain officers in the grade of 
major, lieutenant colonel, colonel, or brigadier general.’’. 
SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE OFFICERS 
ON ACTIVE-STATUS LIST AS EXCEPTION TO REMOVAL FOR 
YEARS OF COMMISSIONED SERVICE. 
Section 14508 of title 10, United States Code, is amended— 
(1) by redesignating subsection (g) as subsection (h); and 
(2) by inserting after subsection (f) the following new sub-
section (g): 
‘‘(g) RETENTION OF LIEUTENANT GENERALS.—A reserve officer 
of the Army or Air Force in the grade of lieutenant general who 
would otherwise be removed from an active status under subsection 
(c) may, in the discretion of the Secretary of the Army or the 
Secretary of the Air Force, as the case may be, be retained in 
an active status, but not later than the date on which the officer 
becomes 66 years of age.’’. 
SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND OFFICERS 
IN MEDICAL AND RELATED SPECIALTIES UNTIL AGE 68. 
(a) RESERVE
CHAPLAINS
AND
MEDICAL
OFFICERS.—Section 
14703(b) of title 10, United States Code, is amended by striking 
‘‘67 years’’ and inserting ‘‘68 years’’. 
(b) NATIONAL GUARD CHAPLAINS
AND MEDICAL OFFICERS.— 
Section 324 of title 32, United States Code, is amended by adding 
at the end the following new subsection: 
‘‘(c) Notwithstanding subsection (a)(1), an officer of the National 
Guard serving as a chaplain, medical officer, dental officer, nurse, 
veterinarian, Medical Service Corps officer, or biomedical sciences 
officer may be retained, with the officer’s consent, until the date 
on which the officer becomes 68 years of age.’’. 
SEC. 517. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS 
OF NATIONAL GUARD OFFICERS. 
(a) DUAL DUTY STATUS AUTHORIZED
FOR ANY OFFICER
ON 
ACTIVE DUTY.—Subsection (a)(2) of section 325 of title 32, United 
States Code, is amended by striking ‘‘in command of a National 
Guard unit’’. 
(b) ADVANCE AUTHORIZATION
AND CONSENT
TO DUAL DUTY 
STATUS.—Such section is further amended— 
(1) by redesignating subsection (b) as subsection (c); and 
(2) by inserting after subsection (a) the following new sub-
section (b): 
‘‘(b) ADVANCE AUTHORIZATION AND CONSENT.—The President 
and the Governor of a State or Territory, or of the Commonwealth 
of Puerto Rico, or the commanding general of the District of 
Columbia National Guard, as applicable, may give the authorization 
or consent required by subsection (a)(2) with respect to an officer 
in advance for the purpose of establishing the succession of com-
mand of a unit.’’. 
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122 STAT. 4443 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 518. STUDY AND REPORT REGARDING MARINE CORPS PER-
SONNEL POLICIES REGARDING ASSIGNMENTS IN INDI-
VIDUAL READY RESERVE. 
(a) STUDY.—The Secretary of the Navy shall conduct a study 
to analyze the policies and procedures used by the Marine Corps 
Reserve during fiscal years 2001 through 2008 to govern the assign-
ment of members of the Marine Corps Reserve in the Individual 
Ready Reserve. 
(b) ELEMENTS.—The study shall contain, at a minimum, the 
following elements: 
(1) A summary of the actual policies and procedures used 
to assign members of the Marine Corps Reserve to the Indi-
vidual Ready Reserve and to remove members from the Indi-
vidual Ready Reserve, to include the grade and authority of 
the official responsible for making the decision regarding the 
assignment. 
(2) The number of members of the Marine Corps Reserve 
assigned to the Individual Ready Reserve during fiscal years 
2001 through 2008. 
(3) The number of members of the Marine Corps Reserve 
who spent less than 12 months in the Individual Ready Reserve 
during fiscal years 2001 through 2008, categorized by the rea-
son provided for assigning the members to the Individual Ready 
Reserve. 
(4) The impact of assigning a member of the Marine Corps 
Reserve to the Individual Ready Reserve on the eligibility of 
the member for health care coverage under TRICARE. 
(5) The policies and procedures used to account for members 
of the Marine Corps Reserve who are excess to a unit’s 
authorization document, to include members selected for pro-
motion or command who have not yet been promoted or 
assumed duties as officers in command. 
(6) Recommendations for improvements to policies and 
procedures used to assign members of the Marine Corps 
Reserve to the Individual Ready Reserve and to remove mem-
bers from the Individual Ready Reserve. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Navy shall submit 
to the Committee on Armed Services of the Senate and House 
of Representatives a report containing the results of the study. 
SEC. 519. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN 
SKILLS OF MEMBERS OF THE RESERVE COMPONENTS OF 
THE ARMED FORCES. 
Not later than March 1, 2009, the Secretary of Defense shall 
submit to the congressional defense committees a report on the 
feasibility and advisability, utility, and cost effectiveness of the 
following: 
(1) The collection by the Department of Defense of informa-
tion on the civilian skills, qualifications, and professional certifi-
cations of members of the reserve components of the Armed 
Forces that are relevant to military manpower requirements. 
(2) The establishment by each military department, and 
by the Department of Defense generally, of a system that 
would match billets and personnel requirements with members 
of the reserve components of the Armed Forces who have skills, 
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122 STAT. 4444 
PUBLIC LAW 110–417—OCT. 14, 2008 
qualifications, and certifications relevant to such billets and 
requirements. 
(3) The establishment by the Department of Defense of 
one or more systems accessible by private employers who 
employ individuals with skills, qualifications, and certifications 
possessed by members of the reserve components of the Armed 
Forces to assist such employers in hiring and employing such 
members. 
(4) Actions to ensure that employment information collected 
for and maintained in the Civilian Employment Information 
database of the Department of Defense is current and accurate. 
(5) Actions to incorporate any matter determined feasible 
and advisable under paragraphs (1) through (4) into the Defense 
Integrated Military Human Resources System. 
Subtitle C—Joint Qualified Officers and 
Requirements 
SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL 
OR FLAG OFFICER. 
(a) IN GENERAL.—Section 619a of title 10, United States Code, 
is amended— 
(1) in subsection (a), by striking ‘‘unless—’’ and all that 
follows through ‘‘the joint specialty’’ and inserting ‘‘unless the 
officer has been designated as a joint qualified officer’’; 
(2) in subsection (b)— 
(A) by striking ‘‘paragraph (1) or paragraph (2) of sub-
section (a), or both paragraphs (1) and (2) of subsection 
(a),’’ in the matter preceding paragraph (1) and inserting 
‘‘subsection (a)’’; and 
(B) in paragraph (4), by striking ‘‘within that imme-
diate organization is not less than two years’’ and inserting 
‘‘is not less than two years and the officer has successfully 
completed a program of education described in subsections 
(b) and (c) of section 2155 of this title’’; and 
(3) by striking subsection (h). 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 619a. Eligibility for consideration for promotion: designa-
tion as joint qualified officer required before pro-
motion to general or flag grade; exceptions’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of subchapter II of chapter 36 of such title is amended 
by striking the item relating to section 619a and inserting 
the following new item: 
‘‘619a. Eligibility for consideration for promotion: designation as joint qualified offi-
cer required before promotion to general or flag grade; exceptions.’’. 
SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL CHANGES TO 
JOINT SPECIALTY TERMINOLOGY. 
(a) REFERENCE TO JOINT QUALIFIED OFFICER.— 
(1) IN GENERAL.—Subsection (a) of section 661 of title 10, 
United States Code, is amended in the second sentence by 
striking ‘‘in such manner as the Secretary of Defense directs’’ 
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122 STAT. 4445 
PUBLIC LAW 110–417—OCT. 14, 2008 
and inserting ‘‘as a joint qualified officer or in such other 
manner as the Secretary of Defense directs’’. 
(2) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 661. Management policies for joint qualified officers’’. 
(3) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 38 of such title is amended by striking the 
item related to section 661 and inserting the following new 
item: 
‘‘661. Management policies for joint qualified officers.’’. 
(b) JOINT DUTY ASSIGNMENTS AFTER COMPLETION OF JOINT 
PROFESSIONAL MILITARY EDUCATION.—Section 663 of such title is 
amended— 
(1) in subsection (a)— 
(A) in the subsection heading, by striking ‘‘JOINT SPE-
CIALTY’’ and inserting ‘‘JOINT QUALIFIED’’; and 
(B) by striking ‘‘with the joint specialty’’ and inserting 
‘‘designated as a joint qualified officer’’; and 
(2) in subsection (b)(1), by striking ‘‘do not have the joint 
specialty’’ and inserting ‘‘are not designated as a joint qualified 
officer’’. 
(c) PROCEDURES FOR MONITORING CAREERS OF JOINT QUALIFIED 
OFFICERS.— 
(1) IN GENERAL.—Section 665 of such title is amended— 
(A) in subsection (a)(1)(A), by striking ‘‘with the joint 
specialty’’ and inserting ‘‘designated as a joint qualified 
officer’’; and 
(B) in subsection (b)(1), by striking ‘‘with the joint 
specialty’’ and inserting ‘‘designated as a joint qualified 
officer’’. 
(2) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 665. Procedures for monitoring careers of joint qualified 
officers’’. 
(3) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 38 of such title is amended by striking the 
item related to section 665 and inserting the following new 
item: 
‘‘665. Procedures for monitoring careers of joint qualified officers.’’. 
(d) JOINT SPECIALTY TERMINOLOGY IN ANNUAL REPORT.—Sec-
tion 667 of such title is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘selected for the 
joint specialty’’ and inserting ‘‘designated as a joint quali-
fied officer’’; and 
(B) in subparagraph (B), by striking ‘‘selection for the 
joint specialty’’ and inserting ‘‘designation as a joint quali-
fied officer,’’; 
(2) in paragraph (2), by striking ‘‘with the joint specialty’’ 
and inserting ‘‘designated as a joint qualified officer’’; 
(3) in paragraph (3), by striking ‘‘selected for the joint 
specialty’’ each place it appears and inserting ‘‘designated as 
a joint qualified officer’’; 
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122 STAT. 4446 
PUBLIC LAW 110–417—OCT. 14, 2008 
(4) in paragraph (4)— 
(A) in subparagraph (A), by striking ‘‘selected for the 
joint specialty’’ and inserting ‘‘designated as a joint quali-
fied officer’’; and 
(B) by striking subparagraph (B) and inserting the 
following new subparagraph: 
‘‘(B) a comparison of the number of officers who were 
designated as a joint qualified officer who had served in 
a Joint Duty Assignment List billet and completed Joint 
Professional Military Education Phase II, with the number 
designated as a joint qualified officer based on their aggre-
gated joint experiences and completion of Joint Professional 
Military Education Phase II.’’; 
(5) by striking paragraphs (5) through (10), (13), and (16), 
and redesignating paragraphs (11), (12), (14), (15), (17), and 
(18) as paragraphs (7), (8), (9), (10), (12), and (13), respectively; 
(6) by inserting after paragraph (4) the following new para-
graphs: 
‘‘(5) The promotion rate for officers designated as a joint 
qualified officer, compared with the promotion rate for other 
officers considered for promotion from within the promotion 
zone in the same pay grade and the same competitive category. 
A similar comparison will be made for officers both below 
the promotion zone and above the promotion zone. 
‘‘(6) An analysis of assignments of officers after their des-
ignation as a joint qualified officer.’’; and 
(7) by inserting after paragraph (10), as redesignated by 
paragraph (5) of this subsection, the following new paragraph 
(11): 
‘‘(11) The number of officers in the grade of captain (or 
in the case of the Navy, lieutenant) and above certified at 
each level of joint qualification as established in regulation 
and policy by the Secretary of Defense with the advice of 
the Chairman of the Joint Chiefs of Staff. Such numbers shall 
be reported by service and grade of the officer.’’. 
SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT QUALIFIED 
OFFICERS. 
Section 662 of title 10, United States Code, is amended— 
(1) in subsection (a)(2), by striking ‘‘officers who are serving 
or have served in joint duty assignments’’ and inserting ‘‘officers 
in the grade of major (or in the case of the Navy, lieutenant 
commander) or above who have been designated as a joint 
qualified officer’’; and 
(2) in subsection (b), by inserting after ‘‘joint duty assign-
ments’’ the following: ‘‘or on the Joint Staff, and officers who 
have been designated as a joint qualified officer in the grades 
of major (or in the case of the Navy, lieutenant commander) 
through colonel (or in the case of the Navy, captain)’’. 
SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS. 
(a) SERVICE EXCLUDED FROM TOUR LENGTH.—Subsection (d) 
of section 664 of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking subparagraph (D) and 
inserting the following new subparagraph (D): 
‘‘(D) a qualifying reassignment from a joint duty assign-
ment— 
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122 STAT. 4447 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(i) for unusual personal reasons, including 
extreme hardship and medical conditions, beyond the 
control of the officer or the armed forces; or 
‘‘(ii) to another joint duty assignment immediately 
after— 
‘‘(I) the officer was promoted to a higher grade, 
if the reassignment was made because no joint 
duty assignment was available within the same 
organization that was commensurate with the offi-
cer’s new grade; or 
‘‘(II) the officer’s position was eliminated in 
a reorganization.’’; and 
(2) by striking paragraph (3) and inserting the following 
new paragraph (3): 
‘‘(3) Service in a joint duty assignment in a case in which 
the officer’s tour of duty in that assignment brings the officer’s 
accrued service for purposes of subsection (f)(3) to the applicable 
standard prescribed in subsection (a).’’. 
(b) COMPUTING AVERAGE LENGTH
OF JOINT DUTY ASSIGN-
MENTS.—Subsection (e) of such section is amended by striking para-
graph (2) and inserting the following new paragraph (2): 
‘‘(2) In computing the average length of joint duty assignments 
for purposes of paragraph (1), the Secretary may exclude the fol-
lowing service: 
‘‘(A) Service described in subsection (c). 
‘‘(B) Service described in subsection (d). 
‘‘(C) Service described in subsection (f)(6).’’. 
(c) COMPLETION
OF TOUR
OF DUTY.—Subsection (f) of such 
section is amended— 
(1) in paragraph (3), by striking ‘‘Cumulative service’’ and 
inserting ‘‘Accrued joint experience’’; 
(2) in paragraph (4), by striking ‘‘(except’’ and all that 
follows through ‘‘any time)’’; and 
(3) by striking paragraph (6) and inserting the following 
new paragraph (6): 
‘‘(6) A second and subsequent joint duty assignment that 
is less than the period required under subsection (a), but not 
less than two years.’’. 
(d) ACCRUED JOINT EXPERIENCE AS FULL TOUR OF DUTY.— 
Subsection (g) of such section is amended to read as follows: 
‘‘(g) ACCRUED JOINT EXPERIENCE.—For the purposes of sub-
section (f)(3), the Secretary of Defense may prescribe, by regulation, 
certain joint experience, such as temporary duty in joint assign-
ments, joint individual training, and participation in joint exercises, 
that may be aggregated to equal a full tour of duty. The Secretary 
shall prescribe the regulations with the advice of the Chairman 
of the Joint Chiefs of Staff.’’. 
(e) CONSTRUCTIVE CREDIT.—Subsection (h) of such section is 
amended— 
(1) in paragraph (1), by striking ‘‘subsection (f)(1), (f)(2), 
(f)(4), or (g)(2)’’ and inserting ‘‘paragraphs (1), (2), and (4) 
of subsection (f)’’; and 
(2) by striking paragraph (3). 
(f) REPEAL OF JOINT DUTY CREDIT FOR CERTAIN JOINT TASK 
FORCE ASSIGNMENTS.—Such section is further amended by striking 
subsection (i). 
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122 STAT. 4448 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER POSITIONS 
ON JOINT STAFF AS POSITIONS TO BE HELD ONLY BY 
RESERVE COMPONENT OFFICERS. 
Section 526(b)(2)(A) of title 10, United States Code, is amended 
by striking ‘‘a general and flag officer position’’ and inserting ‘‘up 
to three general and flag officer positions’’. 
SEC. 
526. 
MODIFICATION 
OF 
LIMITATIONS 
ON 
AUTHORIZED 
STRENGTHS OF RESERVE GENERAL AND FLAG OFFICERS 
IN ACTIVE STATUS SERVING IN JOINT DUTY ASSIGNMENTS. 
(a) EXCLUSION OF ARMY AND AIR FORCE OFFICERS SERVING 
IN JOINT DUTY ASSIGNMENTS.—Subsection (b) of section 12004 of 
title 10, United States Code, is amended by adding at the end 
the following new paragraph; 
‘‘(4) Those serving in a joint duty assignment for purposes 
of chapter 38 of this title, except that the number of officers 
who may be excluded under this paragraph may not exceed 
the number equal to 20 percent of the number of officers 
authorized for the armed force concerned by subsection (a).’’. 
(b) EXCLUSION
OF NAVY OFFICERS SERVING
IN JOINT DUTY 
ASSIGNMENTS.—Subsection (c) of such section is amended— 
(1) by redesignating paragraphs (2), (3), and (4) as para-
graphs (3), (4), and (5), respectively; and 
(2) in paragraph (1), by striking ‘‘(1)’’ and all that follows 
through ‘‘as follows:’’ and inserting the following: 
‘‘(1) The following Navy reserve officers shall not be counted 
for purposes of this section: 
‘‘(A) Those counted under section 526 of this title. 
‘‘(B) Those serving in a joint duty assignment for purposes 
of chapter 38 of this title, except that the number of officers 
who may be excluded under this paragraph may not exceed 
the number equal to 20 percent of the number of officers 
authorized for the Navy in subsection (a). 
‘‘(2) Of the number of Navy reserve officers authorized by 
subsection (a), 40 are distributed among the line and staff corps 
as follows:’’. 
(c) EXCLUSION OF MARINE CORPS OFFICERS SERVING IN JOINT 
DUTY ASSIGNMENTS.—Subsection (d) of such section is amended 
to read as follows: 
‘‘(d) The following Marine Corps reserve officers shall not be 
counted for purposes of this section: 
‘‘(1) Those counted under section 526 of this title. 
‘‘(2) Those serving in a joint duty assignment for purposes 
of chapter 38 of this title, except that the number of officers 
who may be excluded under this paragraph may not exceed 
the number equal to 20 percent of the number of officers 
authorized for the Marine Corps in subsection (a).’’. 
SEC. 527. REPORTS ON JOINT EDUCATION COURSES AVAILABLE 
THROUGH THE DEPARTMENT OF DEFENSE. 
(a) REPORTS REQUIRED.—Not later than April 1 of each of 
2009, 2010, and 2011, the Chairman of the Joint Chiefs of Staff 
shall submit to Congress a report setting forth information on 
the joint education courses available through the Department of 
Defense for purposes of the pursuit of joint careers by officers 
in the Armed Forces. 
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122 STAT. 4449 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) ELEMENTS.—Each report under subsection (a) shall include, 
for the preceding year covered by the report, the following: 
(1) A list and description of the joint education courses 
available during the year covered by the report. 
(2) A list and description of the joint education courses 
listed under paragraph (1) that are available to, and may 
be completed by, officers of the reserve components of the 
Armed Forces in other than an in-resident duty status under 
title 10 or 32, United States Code. 
(3) For each joint education course listed under paragraph 
(1), the number of officers from each Armed Force who pursued 
the course during the year covered by the report, including 
the number of officers of the Army National Guard and Air 
National Guard who pursued the course. 
Subtitle D—General Service Authorities 
SEC. 531. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REG-
ULAR MEMBERS OF THE ARMED FORCES. 
(a) INCREASE TO EIGHT-YEAR MAXIMUM.—Section 505(d) of title 
10, United States Code, is amended— 
(1) in paragraph (2), by striking ‘‘six years’’ and inserting 
‘‘eight years’’; and 
(2) in paragraph (3)(A), by striking ‘‘six years’’ and inserting 
‘‘eight years’’. 
(b) 
CONFORMING
AMENDMENT
REGARDING
REENLISTMENT 
BONUS.—Section 308(a)(2)(A)(ii) of title 37, United States Code, 
is amended by striking ‘‘not to exceed six’’. 
SEC. 532. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES. 
(a) LEAVE AUTHORIZED.—Section 701 of title 10, United States 
Code, is amended by adding at the end the following new subsection: 
‘‘(j)(1) Under regulations prescribed by the Secretary concerned, 
a married member of the armed forces on active duty whose wife 
gives birth to a child shall receive 10 days of leave to be used 
in connection with the birth of the child. 
‘‘(2) Leave under paragraph (1) is in addition to other leave 
authorized under this section.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act and 
applies only with respect to children born on or after that date. 
SEC. 533. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE 
RETENTION OF MEMBERS OF THE ARMED FORCES. 
(a) PILOT PROGRAMS AUTHORIZED.— 
(1) IN GENERAL.—Each Secretary of a military department 
may carry out pilot programs under which officers and enlisted 
members of the regular components of the Armed Forces under 
the jurisdiction of such Secretary may be inactivated from 
active duty in order to meet personal or professional needs 
and returned to active duty at the end of such period of inactiva-
tion from active duty. 
(2) PURPOSE.—The purpose of the pilot programs under 
this section shall be to evaluate whether permitting inactivation 
from active duty and greater flexibility in career paths for 
members of the Armed Forces will provide an effective means 
to enhance retention of members of the Armed Forces and 
10 USC 701 note. 
10 USC 701 note. 
Regulations. 
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122 STAT. 4450 
PUBLIC LAW 110–417—OCT. 14, 2008 
the capacity of the Department of Defense to respond to the 
personal and professional needs of individual members of the 
Armed Forces. 
(b) LIMITATION
ON ELIGIBLE MEMBERS.—A member of the 
Armed Forces is not eligible to participate in a pilot program 
under this section during any period of service required of the 
member— 
(1) under an agreement upon entry of the member on 
active duty; or 
(2) due to receipt by the member of a retention bonus 
as a member qualified in a critical military skill or assigned 
to a high priority unit under section 355 of title 37, United 
States Code. 
(c) LIMITATION ON NUMBER OF PARTICIPANTS.—Not more than 
20 officers and 20 enlisted members of each Armed Force may 
be selected during each of calendar years 2009 through 2012 to 
participate in the pilot programs under this section. 
(d) PERIOD OF INACTIVATION FROM ACTIVE DUTY; EFFECT OF 
INACTIVATION.— 
(1) LIMITATION.—The period of inactivation from active 
duty under a pilot program under this section of a member 
participating in the pilot program shall be such period as the 
Secretary of the military department concerned shall specify 
in the agreement of the member under subsection (e), except 
that such period may not exceed three years. 
(2) EXCLUSION FROM COMPUTATION OF RESERVE OFFICER’S 
TOTAL YEARS OF SERVICE.—Any service by a Reserve officer 
while participating in a pilot program under this section shall 
be excluded from computation of the officer’s total years of 
service pursuant to section 14706(a) of title 10, United States 
Code. 
(3) RETIREMENT AND RELATED PURPOSES.—Any period of 
participation of a member in a pilot program under this section 
shall not count toward— 
(A) eligibility for retirement or transfer to the Ready 
Reserve under either chapter 571 or 1223 of title 10, United 
States Code; or 
(B) computation of retired or retainer pay under 
chapter 71 or 1223 of title 10, United States Code. 
(e) AGREEMENT.—Each member of the Armed Forces who 
participates in a pilot program under this section shall enter into 
a written agreement with the Secretary of the military department 
concerned under which agreement that member shall agree as 
follows: 
(1) To accept an appointment or enlist, as applicable, and 
serve in the Ready Reserve of the Armed Force concerned 
during the period of the member’s inactivation from active 
duty under the pilot program. 
(2) To undergo during the period of the inactivation of 
the member from active duty under the pilot program such 
inactive duty training as the Secretary concerned shall require 
in order to ensure that the member retains proficiency, at 
a level determined by the Secretary concerned to be sufficient, 
in the member’s military skills, professional qualifications, and 
physical readiness during the inactivation of the member from 
active duty. 
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122 STAT. 4451 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) Following completion of the period of the inactivation 
of the member from active duty under the pilot program, to 
serve two months as a member of the Armed Forces on active 
duty for each month of the period of the inactivation of the 
member from active duty under the pilot program. 
(f) CONDITIONS OF RELEASE.—The Secretary of Defense shall 
issue regulations specifying the guidelines regarding the conditions 
of release that must be considered and addressed in the agreement 
required by subsection (e). At a minimum, the Secretary shall 
prescribe the procedures and standards to be used to instruct a 
member on the obligations to be assumed by the member under 
paragraph (2) of such subsection while the member is released 
from active duty. 
(g) ORDER TO ACTIVE DUTY.—Under regulations prescribed by 
the Secretary of the military department concerned, a member 
of the Armed Forces participating in a pilot program under this 
section may, in the discretion of such Secretary, be required to 
terminate participation in the pilot program and be ordered to 
active duty. 
(h) PAY AND ALLOWANCES.— 
(1) BASIC PAY.—During each month of participation in a 
pilot program under this section, a member who participates 
in the pilot program shall be paid basic pay in an amount 
equal to two-thirtieths of the amount of monthly basic pay 
to which the member would otherwise be entitled under section 
204 of title 37, United States Code, as a member of the uni-
formed services on active duty in the grade and years of service 
of the member when the member commences participation in 
the pilot program. 
(2) PROHIBITION ON RECEIPT OF SPECIAL AND INCENTIVE 
PAYS.— 
(A) PROHIBITION ON RECEIPT DURING PARTICIPATION.— 
A member who participates in a pilot program shall not, 
while participating in the pilot program, be paid any special 
or incentive pay or bonus to which the member is otherwise 
entitled under an agreement under chapter 5 of title 37, 
United States Code, that is in force when the member 
commences participation in the pilot program. 
(B) TREATMENT OF REQUIRED SERVICE.—The inactiva-
tion from active duty of a member participating in a pilot 
program shall not be treated as a failure of the member 
to perform any period of service required of the member 
in connection with an agreement for a special or incentive 
pay or bonus under chapter 5 of title 37, United States 
Code, that is in force when the member commences partici-
pation in the pilot program. 
(3) REVIVAL
OF
SPECIAL
PAYS
UPON
RETURN
TO
ACTIVE 
DUTY.— 
(A) REVIVAL REQUIRED.—Subject to subparagraph (B), 
upon the return of a member to active duty after completion 
by the member of participation in a pilot program— 
(i) any agreement entered into by the member 
under chapter 5 of title 37, United States Code, for 
the payment of a special or incentive pay or bonus 
that was in force when the member commenced partici-
pation in the pilot program shall be revived, with the 
term of such agreement after revival being the period 
Regulations. 
Procedures. 
Standards. 
Regulations. 
Guidelines. 
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122 STAT. 4452 
PUBLIC LAW 110–417—OCT. 14, 2008 
of the agreement remaining to run when the member 
commenced participation in the pilot program; and 
(ii) any special or incentive pay or bonus shall 
be payable to the member in accordance with the terms 
of the agreement concerned for the term specified in 
clause (i). 
(B) LIMITATIONS.— 
(i) LIMITATION
AT
TIME
OF
RETURN
TO
ACTIVE 
DUTY.—Subparagraph (A) shall not apply to any special 
or incentive pay or bonus otherwise covered by that 
subparagraph with respect to a member if, at the time 
of the return of the member to active duty as described 
in that subparagraph— 
(I) such pay or bonus is no longer authorized 
by law; or 
(II) the member does not satisfy eligibility cri-
teria for such pay or bonus as in effect at the 
time of the return of the member to active duty. 
(ii) CESSATION DURING LATER SERVICE.—Subpara-
graph (A) shall cease to apply to any special or incen-
tive pay or bonus otherwise covered by that subpara-
graph with respect to a member if, during the term 
of the revived agreement of the member under subpara-
graph (A)(i), such pay or bonus ceases being authorized 
by law. 
(C) REPAYMENT.—A member who is ineligible for pay-
ment of a special or incentive pay or bonus otherwise 
covered by this paragraph by reason of subparagraph 
(B)(i)(II) shall be subject to the requirements for repayment 
of such pay or bonus in accordance with the terms of 
the applicable agreement of the member under chapter 
5 of title 37, United States Code. 
(D) CONSTRUCTION OF REQUIRED SERVICE.—Any service 
required of a member under an agreement covered by 
this paragraph after the member returns to active duty 
as described in subparagraph (A) shall be in addition to 
any service required of the member under an agreement 
under subsection (e). 
(4) CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES.— 
(A) IN
GENERAL.—Subject to subparagraph (B), a 
member who participates in a pilot program is entitled, 
while participating in the pilot program, to the travel and 
transportation allowances authorized by section 404 of title 
37, United States Code, for— 
(i) travel performed from the member’s residence, 
at the time of release from active duty to participate 
in the pilot program, to the location in the United 
States designated by the member as his residence 
during the period of participation in the pilot program; 
and 
(ii) travel performed to the member’s residence 
upon return to active duty at the end of the member’s 
participation in the pilot program. 
(B) LIMITATION.—An allowance is payable under this 
paragraph only with respect to travel of a member to 
and from a single residence. 
(i) PROMOTION.— 
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122 STAT. 4453 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) OFFICERS.— 
(A) LIMITATION
ON
PROMOTION.—An officer partici-
pating in a pilot program under this section shall not, 
while participating in the pilot program, be eligible for 
consideration for promotion under chapter 36 or 1405 of 
title 10, United States Code. 
(B) PROMOTION
AND
RANK
UPON
RETURN
TO
ACTIVE 
DUTY.—Upon the return of an officer to active duty after 
completion by the officer of participation in a pilot pro-
gram— 
(i) the Secretary of the military department con-
cerned shall adjust the officer’s date of rank in such 
manner as the Secretary of Defense shall prescribe 
in regulations for purposes of this section; and 
(ii) the officer shall be eligible for consideration 
for promotion when officers of the same competitive 
category, grade, and seniority are eligible for consider-
ation for promotion. 
(2) ENLISTED MEMBERS.—An enlisted member participating 
in a pilot program shall not be eligible for consideration for 
promotion during the period that— 
(A) begins on the date of the member’s inactivation 
from active duty under the pilot program; and 
(B) ends at such time after the return of the member 
to active duty under the pilot program that the member 
is treatable as eligible for promotion by reason of time 
in grade and such other requirements as the Secretary 
of the military department concerned shall prescribe in 
regulations for purposes of the pilot program. 
(j) MEDICAL AND DENTAL CARE.—A member participating in 
a pilot program under this section shall, while participating in 
the pilot program, be treated as a member of the Armed Forces 
on active duty for a period of more than 30 days for purposes 
of the entitlement of the member and the member’s dependents 
to medical and dental care under the provisions of chapter 55 
of title 10, United States Code. 
(k) REPORTS.— 
(1) INTERIM REPORTS.—Not later than June 1, 2011, and 
June 1, 2013, the Secretary of each military department shall 
submit to the congressional defense committees a report on 
the implementation and current status of the pilot programs 
conducted by such Secretary under this section. 
(2) FINAL
REPORT.—Not later than March 1, 2016, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the pilot programs conducted under 
this section. 
(3) ELEMENTS OF REPORT.—Each interim report and the 
final report under this subsection shall include the following: 
(A) A description of each pilot program conducted under 
this section, including a description of the number of 
applicants for such pilot program and the criteria used 
to select individuals for participation in such pilot program. 
(B) An assessment by the Secretary concerned of the 
pilot programs, including an evaluation of whether— 
(i) the authorities of the pilot programs provided 
an effective means to enhance the retention of members 
Time period. 
Time period. 
Regulations. 
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122 STAT. 4454 
PUBLIC LAW 110–417—OCT. 14, 2008 
of the Armed Forces possessing critical skills, talents, 
and leadership abilities; 
(ii) the career progression in the Armed Forces 
of individuals who participate in the pilot program 
has been or will be adversely affected; and 
(iii) the usefulness of the pilot program in 
responding to the personal and professional needs of 
individual members of the Armed Forces. 
(C) Such recommendations for legislative or adminis-
trative action as the Secretary concerned considers appro-
priate for the modification or continuation of the pilot pro-
grams. 
(l) DURATION OF PROGRAM AUTHORITY.—The authority to con-
duct a pilot program under this section shall commence on January 
1, 2009. No member of the Armed Forces may be released from 
active duty under a pilot program under this section after December 
31, 2012. 
Subtitle E—Education and Training 
SEC. 540. AUTHORIZED STRENGTH OF MILITARY SERVICE ACADEMIES 
AND REPEAL OF PROHIBITION ON PHASED INCREASE IN 
MIDSHIPMEN AND CADET STRENGTH LIMIT AT NAVAL 
ACADEMY AND AIR FORCE ACADEMY. 
(a) MILITARY ACADEMY.—Section 4342(a) of title 10, United 
States Code, is amended by striking ‘‘4,000 or such higher number’’ 
and inserting ‘‘4,400 or such lower number’’. 
(b) NAVAL ACADEMY.—Section 6954 of such title is amended— 
(1) in subsection (a), by striking ‘‘4,000 or such higher 
number’’ and inserting ‘‘4,400 or such lower number’’; and 
(2) in subsection (h)(1), by striking the last sentence. 
(c) AIR
FORCE
ACADEMY.—Section 9342 of such title is 
amended— 
(1) in subsection (a), by striking ‘‘4,000 or such higher 
number’’ and inserting ‘‘4,400 or such lower number’’; and 
(2) in subsection (j)(1), by striking the last sentence. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall apply with respect to academic years at the United States 
Military Academy, the United States Naval Academy, and the Air 
Force Academy after the 2007-2008 academic year. 
SEC. 541. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVI-
TIES AT MILITARY SERVICE ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.— 
(1) IN GENERAL.—Chapter 403 of title 10, United States 
Code, is amended by inserting after section 4345 the following 
new section: 
‘‘§ 4345a. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of the Army 
may authorize the Academy to permit students, officers, and other 
representatives of a foreign country to attend the Academy for 
periods of not more than two weeks if the Secretary determines 
that the attendance of such persons contributes significantly to 
the development of foreign language, cross cultural interactions 
and understanding, and cultural immersion of cadets. 
10 USC 4342 
note. 
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122 STAT. 4455 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(b) COSTS AND EXPENSES.—The Secretary may pay the travel, 
subsistence, and similar personal expenses of persons incurred to 
attend the Academy under subsection (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the Academy 
under subsection (a) are not considered to be students enrolled 
at the Academy and are in addition to persons receiving instruction 
at the Academy under section 4344 or 4345 of this title. 
‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Academy shall 
bear the costs of the attendance of persons under subsection (a) 
from funds appropriated for the Academy and from such additional 
funds as may be available to the Academy from a source, other 
than appropriated funds, to support cultural immersion, regional 
awareness, or foreign language training activities in connection 
with their attendance. 
‘‘(2) Expenditures from appropriated funds in support of activi-
ties under this section may not exceed $40,000 during any fiscal 
year.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 4345 the following new item: 
‘‘4345a. Foreign and cultural exchange activities.’’. 
(b) NAVAL ACADEMY.— 
(1) IN GENERAL.—Chapter 603 of title 10, United States 
Code, is amended by inserting after section 6957a the following 
new section: 
‘‘§ 6957b. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of the Navy may 
authorize the Naval Academy to permit students, officers, and 
other representatives of a foreign country to attend the Naval 
Academy for periods of not more than two weeks if the Secretary 
determines that the attendance of such persons contributes signifi-
cantly to the development of foreign language, cross cultural inter-
actions and understanding, and cultural immersion of midshipmen. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may pay the travel, 
subsistence, and similar personal expenses of persons incurred to 
attend the Naval Academy under subsection (a). 
‘‘(c) EFFECT
OF ATTENDANCE.—Persons attending the Naval 
Academy under subsection (a) are not considered to be students 
enrolled at the Naval Academy and are in addition to persons 
receiving instruction at the Naval Academy under section 6957 
or 6957a of this title. 
‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Naval Academy 
shall bear the costs of the attendance of persons under subsection 
(a) from funds appropriated for the Naval Academy and from such 
additional funds as may be available to the Naval Academy from 
a source, other than appropriated funds, to support cultural immer-
sion, regional awareness, or foreign language training activities 
in connection with their attendance. 
‘‘(2) Expenditures from appropriated funds in support of activi-
ties under this section may not exceed $40,000 during any fiscal 
year.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 6957a the following new item: 
‘‘6957b. Foreign and cultural exchange activities.’’. 
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122 STAT. 4456 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) AIR FORCE ACADEMY.— 
(1) IN GENERAL.—Chapter 903 of title 10, United States 
Code, is amended by inserting after section 9345 the following 
new section: 
‘‘§ 9345a. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of the Air Force 
may authorize the Air Force Academy to permit students, officers, 
and other representatives of a foreign country to attend the Air 
Force Academy for periods of not more than two weeks if the 
Secretary determines that the attendance of such persons contrib-
utes significantly to the development of foreign language, cross 
cultural interactions and understanding, and cultural immersion 
of cadets. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may pay the travel, 
subsistence, and similar personal expenses of persons incurred to 
attend the Air Force Academy under subsection (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the Air Force 
Academy under subsection (a) are not considered to be students 
enrolled at the Air Force Academy and are in addition to persons 
receiving instruction at the Air Force Academy under section 9344 
or 9345 of this title. 
‘‘(d) SOURCE
OF
FUNDS; LIMITATION.—(1) The Air Force 
Academy shall bear the costs of the attendance of persons under 
subsection (a) from funds appropriated for the Air Force Academy 
and from such additional funds as may be available to the Air 
Force Academy from a source, other than appropriated funds, to 
support cultural immersion, regional awareness, or foreign language 
training activities in connection with their attendance. 
‘‘(2) Expenditures from appropriated funds in support of activi-
ties under this section may not exceed $40,000 during any fiscal 
year.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 9345 the following new item: 
‘‘9345a. Foreign and cultural exchange activities.’’. 
SEC. 542. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY 
EMPLOYEES IN DEFENSE PRODUCT DEVELOPMENT PRO-
GRAM. 
Section 7049(a) of title 10, United States Code, is amended 
by striking ‘‘25’’ and inserting ‘‘125’’. 
SEC. 543. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFES-
SIONAL MILITARY EDUCATION TO AWARD DEGREES. 
(a) NATIONAL DEFENSE INTELLIGENCE COLLEGE.— 
(1) IN GENERAL.—Section 2161 of title 10, United States 
Code, is amended to read as follows: 
‘‘§ 2161. Degree granting authority for National Defense Intel-
ligence College 
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 
of Defense, the President of the National Defense Intelligence Col-
lege may, upon the recommendation of the faculty of the National 
Defense Intelligence College, confer appropriate degrees upon grad-
uates who meet the degree requirements. 
Regulations. 
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122 STAT. 4457 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(b) LIMITATION.—A degree may not be conferred under this 
section unless— 
‘‘(1) the Secretary of Education has recommended approval 
of the degree in accordance with the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies; and 
‘‘(2) the National Defense Intelligence College is accredited 
by the appropriate civilian academic accrediting agency or 
organization to award the degree, as determined by the Sec-
retary of Education. 
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 
seeking to establish degree granting authority under this section, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
‘‘(A) a copy of the self assessment questionnaire required 
by the Federal Policy Governing Granting of Academic Degrees 
by Federal Agencies, at the time the assessment is submitted 
to the Department of Education’s National Advisory Committee 
on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and rationale of the 
Secretary of Education regarding the establishment of the 
degree granting authority. 
‘‘(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed 
modification or redesignation and any subsequent recommendation 
of the Secretary of Education on the proposed modification or 
redesignation. 
‘‘(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing an explanation of any action by the appropriate 
academic accrediting agency or organization not to accredit the 
National Defense Intelligence College to award any new or existing 
degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 108 of such title is amended by striking 
the item relating to section 2161 and inserting the following 
new item: 
‘‘2161. Degree granting authority for National Defense Intelligence College.’’. 
(b) NATIONAL DEFENSE UNIVERSITY.— 
(1) IN GENERAL.—Section 2163 of such title is amended 
to read as follows: 
‘‘§ 2163. Degree granting authority for National Defense 
University 
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 
of Defense, the President of the National Defense University may, 
upon the recommendation of the faculty of the National Defense 
University, confer appropriate degrees upon graduates who meet 
the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred under this 
section unless— 
‘‘(1) the Secretary of Education has recommended approval 
of the degree in accordance with the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies; and 
Regulations. 
Assessments. 
Reports. 
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122 STAT. 4458 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(2) the National Defense University is accredited by the 
appropriate civilian academic accrediting agency or organiza-
tion to award the degree, as determined by the Secretary of 
Education. 
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 
seeking to establish degree granting authority under this section, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
‘‘(A) a copy of the self assessment questionnaire required 
by the Federal Policy Governing Granting of Academic Degrees 
by Federal Agencies, at the time the assessment is submitted 
to the Department of Education’s National Advisory Committee 
on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and rationale of the 
Secretary of Education regarding the establishment of the 
degree granting authority. 
‘‘(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed 
modification or redesignation and any subsequent recommendation 
of the Secretary of Education on the proposed modification or 
redesignation. 
‘‘(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing an explanation of any action by the appropriate 
academic accrediting agency or organization not to accredit the 
National Defense University to award any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 108 of such title is amended by striking 
the item relating to section 2163 and inserting the following 
new item: 
‘‘2163. Degree granting authority for National Defense University.’’. 
(c) UNITED STATES ARMY COMMAND AND GENERAL STAFF COL-
LEGE.— 
(1) IN GENERAL.—Section 4314 of such title is amended 
to read as follows: 
‘‘§ 4314. Degree granting authority for United States Army 
Command and General Staff College 
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 
of the Army, the Commandant of the United States Army Command 
and General Staff College may, upon the recommendation of the 
faculty and dean of the college, confer appropriate degrees upon 
graduates who meet the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred under this 
section unless— 
‘‘(1) the Secretary of Education has recommended approval 
of the degree in accordance with the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies; and 
‘‘(2) the United States Army Command and General Staff 
College is accredited by the appropriate civilian academic 
accrediting agency or organization to award the degree, as 
determined by the Secretary of Education. 
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 
seeking to establish degree granting authority under this section, 
Reports. 
Regulations. 
Assessments. 
Reports. 
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122 STAT. 4459 
PUBLIC LAW 110–417—OCT. 14, 2008 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
‘‘(A) a copy of the self assessment questionnaire required 
by the Federal Policy Governing Granting of Academic Degrees 
by Federal Agencies, at the time the assessment is submitted 
to the Department of Education’s National Advisory Committee 
on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and rationale of the 
Secretary of Education regarding the establishment of the 
degree granting authority. 
‘‘(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed 
modification or redesignation and any subsequent recommendation 
of the Secretary of Education on the proposed modification or 
redesignation. 
‘‘(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing an explanation of any action by the appropriate 
academic accrediting agency or organization not to accredit the 
United States Army Command and General Staff College to award 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 401 of such title is amended by striking 
the item relating to section 4314 and inserting the following 
new item: 
‘‘4314. Degree granting authority for United States Army Command and General 
Staff College.’’. 
(d) UNITED STATES ARMY WAR COLLEGE.— 
(1) IN GENERAL.—Section 4321 of title 10, United States 
Code, is amended to read as follows: 
‘‘§ 4321. Degree granting authority for United States Army 
War College 
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 
of the Army, the Commandant of the United States Army War 
College may, upon the recommendation of the faculty and dean 
of the college, confer appropriate degrees upon graduates who meet 
the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred under this 
section unless— 
‘‘(1) the Secretary of Education has recommended approval 
of the degree in accordance with the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies; and 
‘‘(2) the United States Army War College is accredited 
by the appropriate civilian academic accrediting agency or 
organization to award the degree, as determined by the Sec-
retary of Education. 
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 
seeking to establish degree granting authority under this section, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
‘‘(A) a copy of the self assessment questionnaire required 
by the Federal Policy Governing Granting of Academic Degrees 
by Federal Agencies, at the time the assessment is submitted 
Assessments. 
Reports. 
Regulations. 
Assessments. 
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122 STAT. 4460 
PUBLIC LAW 110–417—OCT. 14, 2008 
to the Department of Education’s National Advisory Committee 
on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and rationale of the 
Secretary of Education regarding the establishment of the 
degree granting authority. 
‘‘(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed 
modification or redesignation and any subsequent recommendation 
of the Secretary of Education on the proposed modification or 
redesignation. 
‘‘(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing an explanation of any action by the appropriate 
academic accrediting agency or organization not to accredit the 
United States Army War College to award any new or existing 
degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 401 of such title is amended by striking 
the item relating to section 4321 and inserting the following 
new item: 
‘‘4321. Degree granting authority for United States Army War College.’’. 
(e) UNITED STATES NAVAL POSTGRADUATE SCHOOL.— 
(1) IN GENERAL.—Section 7048 of such title is amended 
to read as follows: 
‘‘§ 7048. Degree granting authority for United States Naval 
Postgraduate School 
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 
of the Navy, the President of the Naval Postgraduate School may, 
upon the recommendation of the faculty of the Naval Postgraduate 
School, confer appropriate degrees upon graduates who meet the 
degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred under this 
section unless— 
‘‘(1) the Secretary of Education has recommended approval 
of the degree in accordance with the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies; and 
‘‘(2) the Naval Postgraduate School is accredited by the 
appropriate civilian academic accrediting agency or organiza-
tion to award the degree, as determined by the Secretary of 
Education. 
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 
seeking to establish degree granting authority under this section, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
‘‘(A) a copy of the self assessment questionnaire required 
by the Federal Policy Governing Granting of Academic Degrees 
by Federal Agencies, at the time the assessment is submitted 
to the Department of Education’s National Advisory Committee 
on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and rationale of the 
Secretary of Education regarding the establishment of the 
degree granting authority. 
Assessments. 
Reports. 
Regulations. 
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122 STAT. 4461 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed 
modification or redesignation and any subsequent recommendation 
of the Secretary of Education on the proposed modification or 
redesignation. 
‘‘(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing an explanation of any action by the appropriate 
academic accrediting agency or organization not to accredit the 
Naval Postgraduate School to award any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 605 of such title is amended by striking 
the item relating to section 7048 and inserting the following 
new item: 
‘‘7048. Degree granting authority for United States Naval Postgraduate School.’’. 
(f) NAVAL WAR COLLEGE.— 
(1) IN GENERAL.—Section 7101 of such title is amended 
to read as follows: 
‘‘§ 7101. Degree granting authority for Naval War College 
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 
of the Navy, the President of the Naval War College may, upon 
the recommendation of the faculty of the Naval War College compo-
nents, confer appropriate degrees upon graduates who meet the 
degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred under this 
section unless— 
‘‘(1) the Secretary of Education has recommended approval 
of the degree in accordance with the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies; and 
‘‘(2) the Naval War College is accredited by the appropriate 
civilian academic accrediting agency or organization to award 
the degree, as determined by the Secretary of Education. 
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 
seeking to establish degree granting authority under this section, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
‘‘(A) a copy of the self assessment questionnaire required 
by the Federal Policy Governing Granting of Academic Degrees 
by Federal Agencies, at the time the assessment is submitted 
to the Department of Education’s National Advisory Committee 
on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and rationale of the 
Secretary of Education regarding the establishment of the 
degree granting authority. 
‘‘(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed 
modification or redesignation and any subsequent recommendation 
of the Secretary of Education on the proposed modification or 
redesignation. 
‘‘(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
Assessments. 
Reports. 
Regulations. 
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122 STAT. 4462 
PUBLIC LAW 110–417—OCT. 14, 2008 
a report containing an explanation of any action by the appropriate 
academic accrediting agency or organization not to accredit the 
Naval War College to award any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 609 of such title is amended by striking 
the item relating to section 7101 and inserting the following 
new item: 
‘‘7101. Degree granting authority for Naval War College.’’. 
(g) MARINE CORPS UNIVERSITY.— 
(1) IN GENERAL.—Section 7102 of such title is amended 
to read as follows: 
‘‘§ 7102. Degree granting authority for Marine Corps Univer-
sity 
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 
of the Navy, the President of the Marine Corps University may, 
upon the recommendation of the directors and faculty of the Marine 
Corps University, confer appropriate degrees upon graduates who 
meet the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred under this 
section unless— 
‘‘(1) the Secretary of Education has recommended approval 
of the degree in accordance with the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies; and 
‘‘(2) the Marine Corps University is accredited by the appro-
priate civilian academic accrediting agency or organization to 
award the degree, as determined by the Secretary of Education. 
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 
seeking to establish degree granting authority under this section, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
‘‘(A) a copy of the self assessment questionnaire required 
by the Federal Policy Governing Granting of Academic Degrees 
by Federal Agencies, at the time the assessment is submitted 
to the Department of Education’s National Advisory Committee 
on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and rationale of the 
Secretary of Education regarding the establishment of the 
degree granting authority. 
‘‘(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed 
modification or redesignation and any subsequent recommendation 
of the Secretary of Education on the proposed modification or 
redesignation. 
‘‘(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing an explanation of any action by the appropriate 
academic accrediting agency or organization not to accredit the 
Marine Corps University to award any new or existing degree. 
‘‘(d) BOARD OF ADVISORS.—The Secretary of the Navy shall 
establish a board of advisors for the Marine Corps University. 
The Secretary shall ensure that the board is established so as 
to meet all requirements of the appropriate regional accrediting 
association.’’. 
Establishment. 
Assessments. 
Reports. 
Regulations. 
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122 STAT. 4463 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 609 of such title is amended by striking 
the item relating to section 7102 and inserting the following 
new item: 
‘‘7102. Degree granting authority for Marine Corps University.’’. 
(h) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.— 
(1) IN GENERAL.—Section 9314 of such title is amended 
to read as follows: 
‘‘§ 9314. Degree granting authority for United States Air 
Force Institute of Technology 
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary 
of the Air Force, the commander of the Air University may, upon 
the recommendation of the faculty of the United States Air Force 
Institute of Technology, confer appropriate degrees upon graduates 
of the United States Air Force Institute of Technology who meet 
the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred under this 
section unless— 
‘‘(1) the Secretary of Education has recommended approval 
of the degree in accordance with the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies; and 
‘‘(2) the United States Air Force Institute of Technology 
is accredited by the appropriate civilian academic accrediting 
agency or organization to award the degree, as determined 
by the Secretary of Education. 
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 
seeking to establish degree granting authority under this section, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
‘‘(A) a copy of the self assessment questionnaire required 
by the Federal Policy Governing Granting of Academic Degrees 
by Federal Agencies, at the time the assessment is submitted 
to the Department of Education’s National Advisory Committee 
on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and rationale of the 
Secretary of Education regarding the establishment of the 
degree granting authority. 
‘‘(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed 
modification or redesignation and any subsequent recommendation 
of the Secretary of Education on the proposed modification or 
redesignation. 
‘‘(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing an explanation of any action by the appropriate 
academic accrediting agency or organization not to accredit the 
United States Air Force Institute of Technology to award any new 
or existing degree. 
‘‘(d) CIVILIAN FACULTY.—(1) The Secretary of the Air Force 
may employ as many civilian faculty members at the United States 
Air Force Institute of Technology as is consistent with the needs 
of the Air Force and with Department of Defense personnel limits. 
‘‘(2) The Secretary shall prescribe regulations determining— 
Regulations. 
Assessments. 
Reports. 
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122 STAT. 4464 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(A) titles and duties of civilian members of the faculty; 
and 
‘‘(B) pay of civilian members of the faculty, notwithstanding 
chapter 53 of title 5, but subject to the limitation set out 
in section 5373 of title 5. 
‘‘(e) REIMBURSEMENT AND TUITION.—(1) The Department of the 
Army, the Department of the Navy, and the Department of Home-
land Security shall bear the cost of the instruction at the Air 
Force Institute of Technology that is received by members of the 
armed forces detailed for that instruction by the Secretaries of 
the Army, Navy, and Homeland Security, respectively. 
‘‘(2) Members of the Army, Navy, Marine Corps, and Coast 
Guard may only be detailed for instruction at the Institute on 
a space-available basis. 
‘‘(3) In the case of an enlisted member of the Army, Navy, 
Marine Corps, and Coast Guard permitted to receive instruction 
at the Institute, the Secretary of the Air Force shall charge that 
member only for such costs and fees as the Secretary considers 
appropriate (taking into consideration the admission of enlisted 
members on a space-available basis). 
‘‘(f) ACCEPTANCE OF RESEARCH GRANTS.—(1) The Secretary of 
the Air Force may authorize the Commandant of the United States 
Air Force Institute of Technology to accept qualifying research 
grants. Any such grant may only be accepted if the work under 
the grant is to be carried out by a professor or instructor of the 
Institute for a scientific, literary, or educational purpose. 
‘‘(2) A qualifying research grant under this subsection is a 
grant that is awarded on a competitive basis by an entity referred 
to in paragraph (3) for a research project with a scientific, literary, 
or educational purpose. 
‘‘(3) A grant may be accepted under this subsection only from 
a corporation, fund, foundation, educational institution, or similar 
entity that is organized and operated primarily for scientific, lit-
erary, or educational purposes. 
‘‘(4) The Secretary shall establish an account for administering 
funds received as research grants under this section. The Com-
mandant of the Institute shall use the funds in the account in 
accordance with applicable provisions of the regulations and the 
terms and condition of the grants received. 
‘‘(5) Subject to such limitations as may be provided in appropria-
tions Acts, appropriations available for the Institute may be used 
to pay expenses incurred by the Institute in applying for, and 
otherwise pursuing, the award of qualifying research grants. 
‘‘(6) The Secretary shall prescribe regulations for the adminis-
tration of this subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 901 of such title is amended by striking 
the item relating to section 9314 and inserting the following 
new item: 
‘‘9314. Degree granting authority for United States Air Force Institute of Tech-
nology.’’. 
(i) AIR UNIVERSITY.— 
(1) IN GENERAL.—Section 9317 of such title is amended 
to read as follows: 
Regulations. 
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122 STAT. 4465 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘§ 9317. Degree granting authority for Air University 
‘‘(a) AUTHORITY.—Except as provided in sections 9314 and 9315 
of this title, under regulations prescribed by the Secretary of the 
Air Force, the commander of the Air University may, upon the 
recommendation of the faculty of the Air University components, 
confer appropriate degrees upon graduates who meet the degree 
requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred under this 
section unless— 
‘‘(1) the Secretary of Education has recommended approval 
of the degree in accordance with the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies; and 
‘‘(2) the Air University is accredited by the appropriate 
civilian academic accrediting agency or organization to award 
the degree, as determined by the Secretary of Education. 
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When 
seeking to establish degree granting authority under this section, 
the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives— 
‘‘(A) a copy of the self assessment questionnaire required 
by the Federal Policy Governing Granting of Academic Degrees 
by Federal Agencies, at the time the assessment is submitted 
to the Department of Education’s National Advisory Committee 
on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and rationale of the 
Secretary of Education regarding the establishment of the 
degree granting authority. 
‘‘(2) Upon any modification or redesignation of existing degree 
granting authority, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed 
modification or redesignation and any subsequent recommendation 
of the Secretary of Education on the proposed modification or 
redesignation. 
‘‘(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report containing an explanation of any action by the appropriate 
academic accrediting agency or organization not to accredit the 
Air University to award any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 901 of such title is amended by striking 
the item relating to section 9317 and inserting the following 
new item: 
‘‘9317. Degree granting authority for Air University.’’. 
(j) EFFECTIVE DATE.—The amendments made by this section 
shall apply to any degree granting authority established, modified, 
or redesignated on or after the date of enactment of this Act 
for an institution of professional military education referred to 
in such amendments. 
SEC. 544. TUITION FOR ATTENDANCE OF FEDERAL EMPLOYEES AT 
THE UNITED STATES AIR FORCE INSTITUTE OF TECH-
NOLOGY. 
Subsection (e) of section 9314 of title 10, United States Code, 
as amended by section 543(h), is further amended by adding at 
the end the following new paragraphs: 
Assessments. 
Reports. 
Regulations. 
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122 STAT. 4466 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(4)(A) The Institute shall charge tuition for the cost of pro-
viding instruction at the Institute for any civilian employee of 
a military department (other than a civilian employee of the Depart-
ment of the Air Force), of another component of the Department 
of Defense, or of another Federal agency who receives instruction 
at the Institute. 
‘‘(B) The cost of any tuition charged an individual under this 
paragraph shall be borne by the department, agency, or component 
sending the individual for instruction at the Institute. 
‘‘(5) Amounts received by the Institute for the instruction of 
students under this subsection shall be retained by the Institute. 
Such amounts shall be available to the Institute to cover the costs 
of such instruction. The source and disposition of such amounts 
shall be specifically identified in the records of the Institute.’’. 
SEC. 545. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE 
UNITED STATES AIR FORCE ACADEMY. 
Section 9331(b)(4) of title 10, United States Code, is amended 
by striking ‘‘21 permanent professors’’ and inserting ‘‘23 permanent 
professors’’. 
SEC. 546. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONOR-
ABLE CONDITIONS FOR PURPOSES OF ENTITLEMENT TO 
EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT 
MEMBERS SUPPORTING CONTINGENCY OPERATIONS. 
(a) REQUIREMENT OF HONORABLE SERVICE.—Section 16164(a)(2) 
of title 10, United States Code, is amended by striking ‘‘other 
than dishonorable conditions’’ and inserting ‘‘honorable conditions’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act and 
shall apply to a person described in section 16163 of title 10, 
United States Code, who— 
(1) separates from a reserve component on or after January 
28, 2008, the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2008; and 
(2) as of the date of the enactment of this Act, has not 
used any of the person’s entitlement to educational assistance 
under chapter 1607 of such title. 
SEC. 547. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY 
FOR HEALTH PROFESSIONALS IN REGULAR COMPONENTS 
AND SELECTED RESERVE. 
Section 16302(c) of title 10, United States Code, is amended 
by striking paragraphs (2) and (3) and inserting the following 
new paragraph: 
‘‘(2) The annual maximum amount of a loan that may be 
repaid under this section shall be the same as the maximum amount 
in effect for the same year under subsection (e)(2) of section 2173 
of this title for the education loan repayment program under such 
section.’’. 
SEC. 548. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFI-
CERS’ TRAINING CORPS. 
(a) PLAN FOR INCREASE.—The Secretary of Defense, in consulta-
tion with the Secretaries of the military departments, shall develop 
and implement a plan to establish and support, not later than 
September 30, 2020, not less than 3,700 units of the Junior Reserve 
Officers’ Training Corps. 
Deadline. 
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122 STAT. 4467 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) EXCEPTIONS.—The requirement imposed in subsection (a) 
shall not apply— 
(1) if the Secretary fails to receive an adequate number 
or requests for Junior Reserve Officers’ Training Corps units 
by public and private secondary educational institutions; or 
(2) during a time of national emergency when the Secre-
taries of the military departments determine that funding must 
be allocated elsewhere. 
(c) COOPERATION.—The Secretary of Defense, as part of the 
plan to establish and support additional Junior Reserve Officers’ 
Training Corps units, shall work with local educational agencies 
to increase the employment in Junior Reserve Officers’ Training 
Corps units of retired members of the Armed Forces who are retired 
under chapter 61 of title 10, United States Code, especially members 
who were wounded or injured while deployed in a contingency 
operation. 
(d) REPORT ON PLAN.—Upon completion of the plan, the Sec-
retary of Defense shall provide a report to the congressional defense 
committees containing, at a minimum, the following: 
(1) A description of how the Secretaries of the military 
departments expect to achieve the number of units of the Junior 
Reserve Officers’ Training Corps specified in subsection (a), 
including how many units will be established per year by 
each service. 
(2) The annual funding necessary to support the increase 
in units, including the personnel costs associated. 
(3) The number of qualified private and public schools, 
if any, who have requested a Junior Reserve Officers’ Training 
Corps unit that are on a waiting list. 
(4) Efforts to improve the increased distribution of units 
geographically across the United States. 
(5) Efforts to increase distribution of units in educationally 
and economically deprived areas. 
(6) Efforts to enhance employment opportunities for quali-
fied former military members retired for disability, especially 
those wounded while deployed in a contingency operation. 
(e) TIME FOR SUBMISSION.—The plan required under subsection 
(a), along with the report required by subsection (d), shall be sub-
mitted to the congressional defense committees not later than March 
31, 2009. The Secretary of Defense shall submit an up-dated report 
annually thereafter until the minimum number of units of the 
Junior Reserve Officers’ Training Corps specified in subsection (a) 
is achieved. 
SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BEN-
EFIT AMOUNTS. 
(a) CORRECTION AND PAYMENT AUTHORITY.— 
(1) CONSIDERATION OF REQUESTS FOR CORRECTION.—The 
Secretary of the Army may consider, through the Army Board 
for the Correction of Military Records, a request for the correc-
tion of military records relating to the amount of the Army 
College Fund benefit to which a member or former member 
of the Armed Forces may be entitled under an Army Incentive 
Program contract. 
(2) PAYMENT AUTHORITY.—If the Secretary of the Army 
determines that the correction of military records is appropriate 
in response to a request received under paragraph (1), the 
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122 STAT. 4468 
PUBLIC LAW 110–417—OCT. 14, 2008 
Secretary may pay such amounts as the Secretary considers 
necessary to ensure fairness and equity with regard to the 
request. 
(b) EXCEPTION TO PAYMENT LIMITS.—A payment under sub-
section (a)(2) may be made without regard to any limits on the 
total combined amounts established for the Army College Fund 
and the Montgomery G.I. Bill. 
(c) FUNDING SOURCE.—Payments under subsection (a)(2) shall 
be made solely from funds appropriated for military personnel pro-
grams for fiscal year 2009. 
(d) TERMINATION DATE.—No payment may be made under sub-
section (a)(2) after December 31, 2009. 
SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE 
ACCESSIBILITY AND FLEXIBILITY FOR MEMBERS OF THE 
ARMED FORCES. 
(a) AUTHORITY.—The Secretary of a military department may 
enter into one or more education partnership agreements with 
educational institutions in the United States for the purpose of— 
(1) developing plans to improve the accessibility and flexi-
bility of college courses available to eligible members of the 
Armed Forces; 
(2) improving the application process for the Armed Forces 
tuition assistance programs and raising awareness regarding 
educational opportunities available to such members; 
(3) developing curriculum, distance education programs, 
and career counseling designed to meet the professional, finan-
cial, academic, and social needs of such members; and 
(4) assessing how resources may be applied more effectively 
to meet the educational needs of such members. 
(b) COST.—Except as provided in this section, execution of 
an education partnership agreement with an educational institution 
shall be at no cost to the Government. 
(c) EDUCATIONAL INSTITUTION DEFINED.—In this section, the 
term ‘‘educational institution’’ means an accredited college, univer-
sity, or technical school in the United States. 
Subtitle F—Defense Dependents’ 
Education 
SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE CIVILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF 
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 
be appropriated for fiscal year 2009 pursuant to section 301(5) 
for operation and maintenance for Defense-wide activities, 
$35,000,000 shall be available only for the purpose of providing 
assistance to local educational agencies under subsection (a) of 
section 572 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE 
TO
BASE
CLOSURES, FORCE
STRUCTURE
CHANGES, OR
FORCE 
RELOCATIONS.—Of the amount authorized to be appropriated for 
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122 STAT. 4469 
PUBLIC LAW 110–417—OCT. 14, 2008 
fiscal year 2009 pursuant to section 301(5) for operation and mainte-
nance for Defense-wide activities, $15,000,000 shall be available 
only for the purpose of providing assistance to local educational 
agencies under subsection (b) of such section 572. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 
the term ‘‘local educational agency’’ has the meaning given that 
term in section 8013(9) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 552. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 
Of the amount authorized to be appropriated for fiscal year 
2009 pursuant to section 301(5) for operation and maintenance 
for Defense-wide activities, $5,000,000 shall be available for pay-
ments under section 363 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 
SEC. 553. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG 
LOCAL EDUCATIONAL AGENCIES. 
Subsection (d) of section 574 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2227; 20 U.S.C. 7703b note) is amended to read 
as follows: 
‘‘(d) TRANSITION OF MILITARY DEPENDENTS AMONG LOCAL EDU-
CATIONAL AGENCIES.—(1) The Secretary of Defense shall work 
collaboratively with the Secretary of Education in any efforts to 
ease the transitions of military dependent students from Depart-
ment of Defense dependent schools to other schools and among 
schools of local educational agencies. 
‘‘(2) The Secretary of Defense may use funds of the Department 
of Defense Education Activity for the following purposes: 
‘‘(A) To share expertise and experience of the Activity with 
local educational agencies as military dependent students make 
the transitions described in paragraph (1), including transitions 
resulting from the closure or realignment of military installa-
tions under a base closure law, global rebasing, and force 
restructuring. 
‘‘(B) To provide programs for local educational agencies 
with military dependent students undergoing the transitions 
described in paragraph (1), including— 
‘‘(i) distance learning programs; and 
‘‘(ii) training programs to improve the ability of military 
dependent students who attend public schools in the United 
States and their teachers to meet the educational needs 
of such students. 
‘‘(3) The authority provided by this subsection expires Sep-
tember 30, 2013.’’. 
SEC. 554. CALCULATION OF PAYMENTS FOR ELIGIBLE FEDERALLY 
CONNECTED CHILDREN UNDER DEPARTMENT OF EDU-
CATION’S IMPACT AID PROGRAM. 
In fiscal year 2009, section 8003(a)(2)(C)(i) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) 
shall be applied by substituting ‘‘5,000’’ for ‘‘6,500’’. 
Applicability. 
Expiration date. 
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122 STAT. 4470 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle G—Military Justice 
SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS. 
(a) IN GENERAL.—Chapter 80 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS. 
‘‘A military protective order issued by a military commander 
shall remain in effect until such time as the military commander 
terminates the order or issues a replacement order.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘1567. Duration of military protective orders.’’. 
SEC. 562. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY 
PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT. 
(a) IN GENERAL.—Chapter 80 of title 10, United States Code, 
is amended by inserting after section 1567, as added by section 
561, the following new section: 
‘‘SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY 
PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT. 
‘‘(a) INITIAL NOTIFICATION.—In the event a military protective 
order is issued against a member of the armed forces and any 
individual involved in the order does not reside on a military 
installation at any time during the duration of the military protec-
tive order, the commander of the military installation shall notify 
the appropriate civilian authorities of— 
‘‘(1) the issuance of the protective order; and 
‘‘(2) the individuals involved in the order. 
‘‘(b) NOTIFICATION OF CHANGES OR TERMINATION.—The com-
mander of the military installation also shall notify the appropriate 
civilian authorities of— 
‘‘(1) any change made in a protective order covered by 
subsection (a); and 
‘‘(2) the termination of the protective order.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1567 the following new item: 
‘‘1567a. Mandatory notification of issuance of military protective order to civilian 
law enforcement.’’. 
SEC. 563. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL 
ASSAULT INCIDENTS IN THE ARMED FORCES. 
(a) DATABASE REQUIRED.—The Secretary of Defense shall imple-
ment a centralized, case-level database for the collection, in a 
manner consistent with Department of Defense regulations for 
restricted reporting, and maintenance of information regarding 
sexual assaults involving a member of the Armed Forces, including 
information, if available, about the nature of the assault, the victim, 
the offender, and the outcome of any legal proceedings in connection 
with the assault. 
(b) AVAILABILITY OF DATABASE.—The database required by sub-
section (a) shall be available to personnel of the Sexual Assault 
Prevention and Response Office of the Department of Defense. 
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122 STAT. 4471 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) IMPLEMENTATION.— 
(1) PLAN FOR IMPLEMENTATION.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense committees 
a plan to provide for the implementation of the database 
required by subsection (a). 
(2) RELATION
TO
DEFENSE
INCIDENT-BASED
REPORTING 
SYSTEM.—Not later than 180 days after the date of enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives a report containing— 
(A) a description of the current status of the Defense 
Incident-Based Reporting System; and 
(B) an explanation of how the Defense Incident-Based 
Reporting System will relate to the database required by 
subsection (a). 
(3) COMPLETION.—Not later than 15 months after the date 
of enactment of this Act, the Secretary shall complete 
implementation of the database required by subsection (a). 
(d) REPORTS.—The database required by subsection (a) shall 
be used to develop and implement congressional reports, as required 
by— 
(1) section 577(f) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375); 
(2) section 596(c) of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163); 
(3) section 532 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364); 
and 
(4) sections 4361, 6980, and 9361 of title 10, United States 
Code. 
(e) TERMINOLOGY.—Section 577(b) of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375) is amended by adding at the end the following 
new paragraph: 
‘‘(12) The Secretary shall implement clear, consistent, and 
streamlined sexual assault terminology for use throughout the 
Department of Defense.’’. 
Subtitle H—Decorations, Awards, and 
Honorary Promotions 
SEC. 571. REPLACEMENT OF MILITARY DECORATIONS. 
(a) REPLACEMENT REQUIRED.—Chapter 57 of title 10, United 
States Code, is amended by adding at the end the following new 
section: 
‘‘§ 1135. Replacement of military decorations 
‘‘(a) REPLACEMENT.—In addition to other authorities available 
to the Secretary concerned to replace a military decoration, the 
Secretary concerned shall replace, on a one-time basis and without 
charge, a military decoration upon the request of the recipient 
of the military decoration or the immediate next of kin of a deceased 
recipient. 
‘‘(b) MILITARY DECORATION DEFINED.—In this section, the term 
‘decoration’ means any decoration or award (other than the medal 
10 USC 113 note. 
Deadlines. 
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122 STAT. 4472 
PUBLIC LAW 110–417—OCT. 14, 2008 
of honor) that may be presented or awarded by the President 
or the Secretary concerned to a member of the armed forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘1135. Replacement of military decorations.’’. 
SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
HONOR TO RICHARD L. ETCHBERGER FOR ACTS OF VALOR 
DURING THE VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limitations 
specified in section 8744 of title 10, United States Code, or any 
other time limitation with respect to the awarding of certain medals 
to persons who served in the Armed Forces, the President is author-
ized and requested to award the Medal of Honor under section 
8741 of such title to former Chief Master Sergeant Richard L. 
Etchberger for the acts of valor during the Vietnam War described 
in subsection (b). 
(b) ACTS
OF VALOR DESCRIBED.—The acts of valor referred 
to in subsection (a) are the actions of then Chief Master Sergeant 
Richard L. Etchberger as Ground Radar Superintendent of Detach-
ment 1, 1043rd Radar Evaluation Squadron on March 11, 1968, 
during the Vietnam War for which he was originally awarded 
the Air Force Cross. 
Subtitle I—Military Families 
SEC. 581. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE 
AND CHILDREN OF DECEASED MEMBERS OF THE ARMED 
FORCES. 
(a) INCLUSION OF SURVIVING SPOUSE AND CHILDREN; CONSOLI-
DATION OF FLAG-RELATED AUTHORITIES.—Subsection (e) of section 
1482 of title 10, United States Code, is amended— 
(1) by designating the current text as paragraph (2) and 
redesignating current paragraphs (1) and (2) as subparagraphs 
(A) and (B), respectively; 
(2) by inserting before paragraph (2), as so designated, 
the following: 
‘‘(e) PRESENTATION OF FLAG OF THE UNITED STATES.—(1) In 
the case of a decedent covered by section 1481 of this title, the 
Secretary concerned may pay the necessary expenses for the presen-
tation of a flag of the United States to the following persons: 
‘‘(A) The person designated under subsection (c) to direct 
disposition of the remains of the decedent. 
‘‘(B) The parents or parent of the decedent, if the person 
to be presented a flag under subparagraph (A) is other than 
a parent of the decedent. 
‘‘(C) The surviving spouse of the decedent (including a 
surviving spouse who remarries after the decedent’s death), 
if the person to be presented a flag under subparagraph (A) 
is other than the surviving spouse. 
‘‘(D) Each child of the decedent, regardless of whether 
the person to be presented a flag under subparagraph (A) 
is a child of the decedent.’’; and 
(3) by inserting at the end the following new paragraphs: 
President. 
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122 STAT. 4473 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(3) A flag to be presented to a person under subparagraph 
(B), (C), or (D) of paragraph (1) shall be of equal size to the 
flag presented under subparagraph (A) of such paragraph to the 
person designated to direct disposition of the remains of the 
decedent. 
‘‘(4) This subsection does not apply to a military prisoner who 
dies while in the custody of the Secretary concerned and while 
under a sentence that includes a discharge. 
‘‘(5) In this subsection: 
‘‘(A) The term ‘parent’ includes a natural parent, a step-
parent, a parent by adoption, or a person who for a period 
of not less than one year before the death of the decedent 
stood in loco parentis to the decedent. Preference under para-
graph (1)(B) shall be given to the persons who exercised a 
parental relationship at the time of, or most nearly before, 
the death of the decedent. 
‘‘(B) The term ‘child’ has the meaning prescribed by section 
1477(d) of this title.’’. 
(b) REPEAL OF SUPERSEDED PROVISIONS.—Subsection (a) of such 
section is amended by striking paragraphs (10) and (11). 
SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR MILITARY 
SPOUSES. 
(a) EMPLOYMENT AND PORTABLE CAREER OPPORTUNITIES FOR 
SPOUSES.—Subchapter I of chapter 88 of title 10, United States 
Code, is amended by inserting after section 1784 the following 
new section: 
‘‘§ 1784a. Education and training opportunities for military 
spouses to expand employment and portable 
career opportunities 
‘‘(a) PROGRAMS AND TUITION ASSISTANCE.—(1) The Secretary 
of Defense may establish programs to assist the spouse of a member 
of the armed forces described in subsection (b) in achieving— 
‘‘(A) the education and training required for a degree or 
credential at an accredited college, university, or technical 
school in the United States that expands employment and 
portable career opportunities for the spouse; or 
‘‘(B) the education prerequisites and professional licensure 
or credential required, by a government or government sanc-
tioned licensing body, for an occupation that expands employ-
ment and portable career opportunities for the spouse. 
‘‘(2) As an alternative to, or in addition to, establishing a 
program under this subsection, the Secretary may provide tuition 
assistance to an eligible spouse who is pursuing education, training, 
or a license or credential to expand the spouse’s employment and 
portable career opportunities. 
‘‘(b) ELIGIBLE SPOUSES.—Assistance under this section is lim-
ited to a spouse of a member of the armed forces who is serving 
on active duty. 
‘‘(c) EXCEPTIONS.—Subsection (b) does not include— 
‘‘(1) a person who is married to, but legally separated 
from, a member of the armed forces under court order or 
statute of any State or territorial possession of the United 
States; and 
‘‘(2) a spouse of a member of the armed forces who is 
also a member of the armed forces. 
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122 STAT. 4474 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(d) PORTABLE CAREER OPPORTUNITIES DEFINED.—In this sec-
tion, the term ‘portable career’ includes an occupation identified 
by the Secretary of Defense, in consultation with the Secretary 
of Labor, as requiring education and training that results in a 
credential that is recognized nationwide by industry or specific 
businesses. 
‘‘(e) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to govern the availability and use of assistance under 
this section. The Secretary shall ensure that programs established 
under this section do not result in inequitable treatment for spouses 
of members of the armed forces who are also members, since they 
are excluded from participation in the programs under subsection 
(c)(2).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after the item 
relating to section 1784 the following new item: 
‘‘1784a. Education and training opportunities for military spouses to expand employ-
ment and portable career opportunities.’’. 
SEC. 583. SENSE OF CONGRESS REGARDING HONOR GUARD DETAILS 
FOR FUNERALS OF VETERANS. 
It is the sense of Congress that the Secretaries of the military 
departments should, to the maximum extent practicable, provide 
honor guard details for the funerals of veterans as is required 
under section 1491 of title 10, United States Code, as added by 
section 567(b) of Public Law 105–261 (112 Stat. 2030). 
Subtitle J—Other Matters 
SEC. 591. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL 
ADVICE BY THE LEGAL COUNSEL TO THE CHAIRMAN OF 
THE JOINT CHIEFS OF STAFF. 
Section 156(d) of title 10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Legal Counsel’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) No officer or employee of the Department of Defense may 
interfere with the ability of the Legal Counsel to give independent 
legal advice to the Chairman of the Joint Chiefs of Staff and 
to the Joint Chiefs of Staff.’’. 
SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM 
CORRECTION OF MILITARY RECORDS. 
(a) INTEREST PAYABLE ON CLAIMS.—Subsection (c) of section 
1552 of title 10, United States Code, is amended by adding at 
the end the following new paragraph: 
‘‘(4) If the correction of military records under this section 
involves setting aside a conviction by court-martial, the payment 
of a claim under this subsection in connection with the correction 
of the records shall include interest at a rate to be determined 
by the Secretary concerned, unless the Secretary determines that 
the payment of interest is inappropriate under the circumstances. 
If the payment of the claim is to include interest, the interest 
shall be calculated on an annual basis, and compounded, using 
the amount of the lost pay, allowances, compensation, emoluments, 
or other pecuniary benefits involved, and the amount of any fine 
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122 STAT. 4475 
PUBLIC LAW 110–417—OCT. 14, 2008 
or forfeiture paid, beginning from the date of the conviction through 
the date on which the payment is made.’’. 
(b) CLERICAL AMENDMENTS.—Subsection (c) of such section is 
further amended— 
(1) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; 
(2) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(3) by striking ‘‘If the claimant’’ and inserting the following: 
‘‘(2) If the claimant’’; and 
(4) by striking ‘‘A claimant’s acceptance’’ and inserting 
the following: 
‘‘(3) A claimant’s acceptance’’. 
(c) 
RETROACTIVE
EFFECTIVENESS
OF
AMENDMENTS.—The 
amendment made by subsection (a) shall apply with respect to 
any sentence of a court-martial set aside by a Corrections Board 
on or after October 1, 2007, when the Corrections Board includes 
an order or recommendation for the payment of a claim for the 
loss of pay, allowances, compensation, emoluments, or other pecu-
niary benefits, or for the repayment of a fine or forfeiture, that 
arose as a result of the conviction. In this subsection, the term 
‘‘Corrections Board’’ has the meaning given that term in section 
1557 of title 10, United States Code. 
SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL 
OF AGENCIES RESPONSIBLE FOR REVIEW AND CORREC-
TION OF MILITARY RECORDS. 
Section 1559(a) of title 10, United States Code, is amended 
by striking ‘‘October 1, 2008’’ and inserting ‘‘December 31, 2010’’. 
SEC. 594. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER 
NATIONAL GUARD YOUTH CHALLENGE PROGRAM. 
(a) IN GENERAL.—Subsection (d) of section 509 of title 32, 
United States Code, is amended to read as follows: 
‘‘(d) MATCHING FUNDS REQUIRED.—(1) The amount of assistance 
provided by the Secretary of Defense to a State program of the 
Program for a fiscal year under this section may not exceed 60 
percent of the costs of operating the State program during that 
fiscal year. 
‘‘(2) The limitation in paragraph (1) may not be construed 
as a limitation on the amount of assistance that may be provided 
to a State program of the Program for a fiscal year from sources 
other than the Department of Defense.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 2008, and shall apply with respect 
to fiscal years beginning on or after that date. 
SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL 
ANTHEM BY MEMBERS OF THE ARMED FORCES NOT IN 
UNIFORM AND BY VETERANS. 
Section 301(b)(1) of title 36, United States Code, is amended 
by striking subparagraphs (A) through (C) and inserting the fol-
lowing new subparagraphs: 
‘‘(A) individuals in uniform should give the military 
salute at the first note of the anthem and maintain that 
position until the last note; 
‘‘(B) members of the Armed Forces and veterans who 
are present but not in uniform may render the military 
Applicability. 
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122 STAT. 4476 
PUBLIC LAW 110–417—OCT. 14, 2008 
salute in the manner provided for individuals in uniform; 
and 
‘‘(C) all other persons present should face the flag 
and stand at attention with their right hand over the 
heart, and men not in uniform, if applicable, should remove 
their headdress with their right hand and hold it at the 
left shoulder, the hand being over the heart; and’’. 
SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION. 
(a) ESTABLISHMENT OF COMMISSION.—There is hereby estab-
lished a commission to be known as the ‘‘Military Leadership Diver-
sity Commission’’ (in this section referred to as the ‘‘commission’’). 
(b) COMPOSITION.— 
(1) MEMBERSHIP.—The commission shall be composed of 
the following members: 
(A) The Director of the Defense Manpower Manage-
ment Center. 
(B) The Director of the Defense Equal Opportunity 
Management Institute. 
(C) A commissioned officer from each of the Army, 
Navy, Air Force, and Marine Corps who serves or has 
served in a leadership position with either a military 
department command or combatant command. 
(D) A retired general or flag officer from each of the 
Army, Navy, Air Force, and Marine Corps. 
(E) A retired noncommissioned officer from each of 
the Army, Navy, Air Force, and Marine Corps. 
(F) Five retired commissioned officers who served in 
leadership positions with either a military department com-
mand or combatant command, of whom no less than three 
shall represent the views of minority veterans. 
(G) Four individuals with expertise in cultivating 
diverse leaders in private or non-profit organizations. 
(H) An attorney with appropriate experience and exper-
tise in constitutional and legal matters related to the duties 
and responsibilities of the commission. 
(2) APPOINTMENT.—The members of the commission 
referred to in subparagraphs (C) through (H) of paragraph 
(1) shall be appointed by the Secretary of Defense. 
(3) CHAIRMAN.—The Secretary of Defense shall designate 
one member described in paragraphs (1)(F) or (1)(G) as chair-
man of the commission. 
(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 
be appointed for the life of the commission. Any vacancy in 
the commission shall be filled in the same manner as the 
original appointment. 
(5) DEADLINE
FOR
APPOINTMENT.—All members of the 
commission shall be appointed not later than 60 days after 
the date of the enactment of this Act. 
(6) QUORUM.—Fifteen members of the commission shall 
constitute a quorum but a lesser number may hold hearings. 
(c) MEETINGS.— 
(1) INITIAL MEETING.—The commission shall conduct its 
first meeting not later than 30 days after the date on which 
a majority of the appointed members of the commission have 
been appointed. 
Deadline. 
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122 STAT. 4477 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) MEETINGS.—The commission shall meet at the call of 
the chairman. 
(d) DUTIES.— 
(1) STUDY.—The commission shall conduct a comprehensive 
evaluation and assessment of policies that provide opportunities 
for the promotion and advancement of minority members of 
the Armed Forces, including minority members who are senior 
officers. 
(2) SCOPE
OF
STUDY.—In carrying out the study, the 
commission shall examine the following: 
(A) The efforts to develop and maintain diverse leader-
ship at all levels of the Armed Forces. 
(B) The successes and failures of developing and 
maintaining a diverse leadership, particularly at the gen-
eral and flag officer positions. 
(C) The effect of expanding Department of Defense 
secondary educational programs to diverse civilian popu-
lations, to include military service academy preparatory 
schools. 
(D) The ability of current recruitment and retention 
practices to attract and maintain a diverse pool of qualified 
individuals in sufficient numbers in officer pre-commis-
sioning programs. 
(E) The ability of current activities to increase continu-
ation rates for ethnic-and gender-specific members of the 
Armed Forces. 
(F) The benefits of conducting an annual conference 
attended by civilian military, active-duty and retired mili-
tary, and corporate leaders on diversity, to include a review 
of current policy and the annual demographic data from 
the Defense Equal Opportunity Management Institute. 
(G) The status of prior recommendations made to the 
Department of Defense and to Congress concerning diver-
sity initiatives within the Armed Forces. 
(H) The incorporation of private sector practices that 
have been successful in cultivating diverse leadership. 
(I) The establishment and maintenance of fair pro-
motion and command opportunities for ethnic- and gender- 
specific members of the Armed Forces at the O–5 grade 
level and above. 
(J) An assessment of pre-command billet assignments 
of ethnic-specific members of the Armed Forces. 
(K) An assessment of command selection of ethnic- 
specific members of the Armed Forces. 
(L) The development of a uniform definition, to be 
used throughout the Department of Defense, of diversity 
that is congruent with the core values and vision of the 
Department for the future workforce. 
(M) The existing metrics and milestones for evaluating 
the diversity plans of the Department (including the plans 
of the military departments) and for facilitating future 
evaluation and oversight. 
(N) The existence and maintenance of fair promotion, 
assignment, and command opportunities for ethnic- and 
gender-specific members of the Armed Forces at the levels 
of warrant officer, chief warrant officer, company and junior 
grade, field and mid-grade, and general and flag officer. 
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122 STAT. 4478 
PUBLIC LAW 110–417—OCT. 14, 2008 
(O) The current institutional structure of the Office 
of Diversity Management and Equal Opportunity of the 
Department, and of similar officers of the military depart-
ments, and their ability to ensure effective and accountable 
diversity management across the Department. 
(P) The options available for improving the substance 
or implementation of current plans and policies of the 
Department and the military departments. 
(3) CONSULTATION WITH PRIVATE PARTIES.—In carrying out 
the study under this subsection, the commission may consult 
with appropriate private, for profit, and non-profit organizations 
and advocacy groups to learn methods for developing, imple-
menting, and sustaining senior diverse leadership within the 
Department of Defense. 
(e) REPORTS.— 
(1) IN GENERAL.—Not later than 12 months after the date 
on which the commission first meets, the commission shall 
submit to the President and Congress a report on the study. 
The report shall include the following: 
(A) The findings and conclusions of the commission. 
(B) The recommendations of the commission for 
improving diversity within the Armed Forces. 
(C) Such other information and recommendations as 
the commission considers appropriate. 
(2) INTERIM REPORTS.—The commission may submit to the 
President and Congress interim reports as the Commission 
considers appropriate. 
(f) POWERS OF THE COMMISSION.— 
(1) HEARINGS.—The commission may hold such hearings, 
sit and act at such times and places, take such testimony, 
and receive such evidence as the commission considers appro-
priate. 
(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request 
by the chairman of the commission, any department or agency 
of the Federal Government may provide information that the 
commission considers necessary to carry out its duties. 
(g) INCLUSION OF COAST GUARD.— 
(1) COAST
GUARD
REPRESENTATION.—In addition to the 
members of the commission required by subsection (b), the 
commission shall include two additional members, appointed 
by the Secretary of Homeland Security, in consultation with 
the Commandant of the Coast Guard, as follows: 
(A) A retired flag officer of the Coast Guard. 
(B) A commissioned officer or noncommissioned officer 
of the Coast Guard on active duty. 
(2) ARMED
FORCES
DEFINED.—In this section, the term 
‘‘Armed Forces’’ means the Army, Navy, Air Force, Marine 
Corps, and Coast Guard. 
(h) TERMINATION OF COMMISSION.—The commission shall termi-
nate 60 days after the date on which the commission submits 
the report under subsection (e)(1). 
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122 STAT. 4479 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 597. DEMONSTRATION PROJECT ON SERVICE OF RETIRED NURSE 
CORPS OFFICERS AS FACULTY AT CIVILIAN NURSING 
SCHOOLS. 
(a) IN GENERAL.—The Secretary of Defense may conduct a 
demonstration project to encourage retired military nurses to serve 
as faculty at civilian nursing schools. 
(b) ELIGIBILITY REQUIREMENTS.— 
(1) INDIVIDUAL.—An individual is eligible to participate 
in the demonstration project if the individual— 
(A) is a retired nurse corps officer of one of the Armed 
Forces; 
(B) has had at least 26 years of active Federal commis-
sioned service before retiring; and 
(C) possesses a doctoral or master degree in nursing 
that qualifies the officer to become a full faculty member 
of an accredited school of nursing. 
(2) INSTITUTION.—An accredited school of nursing is eligible 
to participate in the demonstration project if the school or 
its parent institution of higher education— 
(A) is a school of nursing that is accredited to award, 
at a minimum, a bachelor of science in nursing and provides 
educational programs leading to such degree; 
(B) has a resident Reserve Officers’ Training Corps 
unit at the institution of higher education that fulfils the 
requirements of sections 2101 and 2102 of title 10, United 
States Code; 
(C) does not prevent Reserve Officers’ Training Corps 
access or military recruiting on campus, as defined in sec-
tion 983 of title 10, United States Code; 
(D) provides any retired nurse corps officer partici-
pating in the demonstration project a salary and other 
compensation at the level to which other similarly situated 
faculty members of the accredited school of nursing are 
entitled, as determined by the Secretary of Defense; and 
(E) agrees to comply with subsection (d). 
(c) COMPENSATION.—The Secretary of Defense may authorize 
a Secretary of a military department to authorize qualified institu-
tions of higher education to employ as faculty those eligible individ-
uals (as described in subsection (b)) who are receiving retired pay, 
whose qualifications are approved by the Secretary and the institu-
tion of higher education concerned, and who request such employ-
ment, subject to the following: 
(1) A retired nurse corps officer so employed is entitled 
to receive the officer’s retired pay without reduction by reason 
of any additional amount paid to the officer by the institution 
of higher education concerned. In the case of payment of any 
such additional amount by the institution of higher education 
concerned, the Secretary of the military department concerned 
may pay to that institution the amount equal to one-half the 
amount paid to the retired officer by the institution for any 
period, up to a maximum of one-half of the difference between 
the officer’s retired pay for that period and the active duty 
pay and allowances that the officer would have received for 
that period if on active duty. Payments by the Secretary con-
cerned under this paragraph shall be made from funds specifi-
cally appropriated for that purpose. 
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122 STAT. 4480 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) Notwithstanding any other provision of law contained 
in title 10, title 32, or title 37, United States Code, such 
a retired nurse corps officer is not, while so employed, consid-
ered to be on active duty or inactive duty training for any 
purpose. 
(d) SCHOLARSHIPS FOR NURSE OFFICER CANDIDATES.—For pur-
poses of the eligibility of an institution under subsection (b)(2)(E), 
the following requirements apply: 
(1) Each accredited school of nursing at which a retired 
nurse corps officer serves on the faculty under this section 
shall provide full academic scholarships to individuals under-
taking an educational program at such school leading to a 
bachelor of science in nursing degree who agree, upon comple-
tion of such program, to accept a commission as an officer 
in the nurse corps of one of the Armed Forces. 
(2) The total number of scholarships provided by an accred-
ited school of nursing under paragraph (1) for each officer 
serving on the faculty of that school under this section shall 
be such number as the Secretary of Defense shall specify for 
purposes of this section. 
(3) Each accredited school of nursing shall pay to the 
Department of Defense an amount equal to the value of the 
scholarship for every nurse officer candidate who fails to be 
accessed as a nurse corps officer into one of the Armed Forces 
within one year of receiving a bachelor of science degree in 
nursing from that school. 
(4) The Secretary concerned is authorized to discontinue 
the demonstration project authorized in this section at any 
institution of higher education that fails to fulfill the require-
ments of paragraph (3). 
(e) REPORT.— 
(1) IN
GENERAL.—Not later than 24 months after the 
commencement of any demonstration project under this section, 
the Secretary of Defense shall submit to the congressional 
defense committees a report on the demonstration project. The 
report shall include a description of the project and a descrip-
tion of plans for the continuation of the project, if any. 
(2) ELEMENTS.—The report shall also include, at a min-
imum, the following: 
(A) The current number of retired nurse corps officers 
who have at least 26 years of active Federal commissioned 
service who would be eligible to participate in the program. 
(B) The number of retired nurse corps officers partici-
pating in the demonstration project. 
(C) The number of accredited schools of nursing partici-
pating in the demonstration project. 
(D) The number of nurse officer candidates who have 
accessed into the military as commissioned nurse corps 
officers. 
(E) The number of scholarships awarded to nurse 
officer candidates. 
(F) The number of nurse officer candidates who have 
failed to access into the military, if any. 
(G) The amount paid to the Department of Defense 
in the event any nurse officer candidates awarded scholar-
ships by the accredited school of nursing fail to access 
into the military as commissioned nurse corps officers. 
Payments. 
Applicability. 
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122 STAT. 4481 
PUBLIC LAW 110–417—OCT. 14, 2008 
(H) The funds expended in the operation of the dem-
onstration project. 
(I) The recommendation of the Secretary of Defense 
as to whether the demonstration project should be 
extended. 
(f) DEFINITIONS.—In this section, the terms ‘‘school of nursing’’ 
and ‘‘accredited’’ have the meeting given those terms in section 
801 of the Public Health Service Act (42 U.S.C. 296). 
(g) SUNSET.—The authority in this section shall expire on June 
30, 2014. 
SEC. 598. REPORT ON PLANNING FOR PARTICIPATION AND HOSTING 
OF THE DEPARTMENT OF DEFENSE IN INTERNATIONAL 
SPORTS ACTIVITIES, COMPETITIONS, AND EVENTS. 
(a) REPORT REQUIRED.—Not later than October 1, 2009, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
setting forth a comprehensive plan for the following: 
(1) The participation by personnel of the Department of 
Defense in international sports activities, competitions, and 
events (including the Pan American Games, the Olympic 
Games, the Paralympic Games, the Military World Games, 
other activities of the International Military Sports Council 
(CISM), and the Interallied Confederation of Reserve Officers 
(CIOR)) through fiscal year 2015. 
(2) The hosting by the Department of Defense of military 
international sports activities, competitions, and events through 
fiscal year 2015. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A discussion of the military international sports activi-
ties, competitions, and events that the Department of Defense 
intends to seek to host, an estimate of the costs of hosting 
such activities, competitions, and events that the Department 
intends to seek to host, and a description of the sources of 
funding for such costs. 
(2) A discussion of the use and replenishment of funds 
in the account in the Treasury for the Support for International 
Sporting Competitions for the hosting of such activities, com-
petitions, and events that the Department intends to seek 
to host. 
(3) A discussion of the support that may be obtained from 
other departments and agencies of the Federal Government, 
State and local governments, and private entities in encour-
aging participation of members of the Armed Forces in inter-
national sports activities, competitions, and events or in hosting 
of military international sports activities, competitions, and 
events. 
(4) Such recommendations for legislative or administrative 
action as the Secretary considers appropriate to implement 
or enhance planning for the matters described in subsection 
(a). 
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122 STAT. 4482 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE VI—COMPENSATION AND OTHER 
PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601.
Fiscal year 2009 increase in military basic pay. 
Sec. 602. Permanent extension of prohibition on charges for meals received at mili-
tary treatment facilities by members receiving continuous care. 
Sec. 603. Increase in maximum authorized payment or reimbursement amount for 
temporary lodging expenses. 
Sec. 604. Availability of second family separation allowance for married couples 
with dependents. 
Sec. 605. Extension of authority for income replacement payments for reserve com-
ponent members experiencing extended and frequent mobilization for 
active duty service. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care pro-
fessionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. Extension of authorities relating to payment of other title 37 bonuses and 
special pays. 
Sec. 615. Extension of authorities relating to payment of referral bonuses. 
Sec. 616. Increase in maximum bonus and stipend amounts authorized under 
Nurse Officer Candidate Accession Program and health professions sti-
pend program. 
Sec. 617. Maximum length of nuclear officer incentive pay agreements for service. 
Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, 
and bonus authorities of the uniformed services. 
Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to en-
courage training in critical foreign languages and foreign cultural stud-
ies and authorization of incentive pay for members of precommissioning 
programs pursuing foreign language proficiency. 
Sec. 620. Accession and retention bonuses for the recruitment and retention of offi-
cers in certain health professions. 
Subtitle C—Travel and Transportation Allowances 
Sec. 621. Special weight allowance for transportation of professional books and 
equipment for spouses. 
Sec. 622. Shipment of family pets during evacuation of personnel. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 631. Extension to survivors of certain members who die on active duty of spe-
cial survivor indemnity allowance for persons affected by required Sur-
vivor Benefit Plan annuity offset for dependency and indemnity com-
pensation. 
Sec. 632. Correction of unintended reduction in survivor benefit plan annuities due 
to phased elimination of two-tier annuity computation and supplemental 
annuity. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 
Operations 
Sec. 641. Use of commissary stores surcharges derived from temporary commissary 
initiatives for reserve component and retired members. 
Sec. 642. Enhanced enforcement of prohibition on sale or rental of sexually explicit 
material on military installations. 
Subtitle F—Other Matters 
Sec. 651. Continuation of entitlement to bonuses and similar benefits for members 
of the uniformed services who die, are separated or retired for disability, 
or meet other criteria. 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 
to become effective during fiscal year 2009 required by section 
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122 STAT. 4483 
PUBLIC LAW 110–417—OCT. 14, 2008 
1009 of title 37, United States Code, in the rates of monthly basic 
pay authorized members of the uniformed services shall not be 
made. 
(b) INCREASE IN BASIC PAY.—Effective on January 1, 2009, 
the rates of monthly basic pay for members of the uniformed serv-
ices are increased by 3.9 percent. 
SEC. 602. PERMANENT EXTENSION OF PROHIBITION ON CHARGES FOR 
MEALS RECEIVED AT MILITARY TREATMENT FACILITIES 
BY MEMBERS RECEIVING CONTINUOUS CARE. 
Section 402(h) of title 37, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘during any month covered 
by paragraph (3)’’ and all that follows through ‘‘this section’’; 
and 
(2) by striking paragraph (3). 
SEC. 
603. 
INCREASE 
IN 
MAXIMUM 
AUTHORIZED 
PAYMENT 
OR 
REIMBURSEMENT AMOUNT FOR TEMPORARY LODGING 
EXPENSES. 
Section 404a(e) of title 37, United States Code, is amended 
by striking ‘‘$180 a day’’ and inserting ‘‘$290 a day’’. 
SEC. 604. AVAILABILITY OF SECOND FAMILY SEPARATION ALLOWANCE 
FOR MARRIED COUPLES WITH DEPENDENTS. 
(a) AVAILABILITY.—Section 427(d) of title 37, United States 
Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘A member’’; 
(2) by striking ‘‘Section 421’’ and inserting the following: 
‘‘(3) Section 421’’; 
(3) by striking ‘‘However’’ and inserting ‘‘Except as provided 
in paragraph (2)’’; and 
(4) by inserting before paragraph (3), as so designated, 
the following new paragraph: 
‘‘(2) If a married couple, both of whom are members of the 
uniformed services, with dependents are simultaneously assigned 
to duties described in subparagraph (A), (B), or (C) of subsection 
(a)(1) and the members resided together with their dependents 
immediately before their assignments, the Secretary concerned shall 
pay each of the members the full amount of the monthly allowance 
specified in such subsection until one of the members is no longer 
assigned to duties described in such subparagraphs. Upon expira-
tion of the additional allowance, paragraph (1) shall continue to 
apply to the remaining member so long as the member is assigned 
to duties described in subparagraph (A), (B), or (C) of such sub-
section.’’. 
(b) APPLICATION OF AMENDMENT.—Paragraph (2) of subsection 
(d) of section 427 of title 37, United States Code, as added by 
subsection (a), shall apply with respect to members of the uniformed 
services described in such paragraph who perform service covered 
by subparagraph (A), (B), or (C) of subsection (a)(1) such section 
on or after October 1, 2008. 
SEC. 605. EXTENSION OF AUTHORITY FOR INCOME REPLACEMENT PAY-
MENTS FOR RESERVE COMPONENT MEMBERS EXPERI-
ENCING EXTENDED AND FREQUENT MOBILIZATION FOR 
ACTIVE DUTY SERVICE. 
Section 910(g) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 
Applicability. 
Effective date. 
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122 STAT. 4484 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle B—Bonuses and Special and 
Incentive Pays 
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORI-
TIES FOR RESERVE FORCES. 
(a) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(g) 
of title 37, United States Code, is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(b) SELECTED RESERVE AFFILIATION OR ENLISTMENT BONUS.— 
Section 308c(i) of such title is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN 
HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended 
by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(d) READY RESERVE ENLISTMENT BONUS FOR PERSONS WITHOUT 
PRIOR SERVICE.—Section 308g(f)(2) of such title is amended by 
striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(e) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS 
FOR PERSONS WITH PRIOR SERVICE.—Section 308h(e) of such title 
is amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
(f) SELECTED RESERVE ENLISTMENT BONUS FOR PERSONS WITH 
PRIOR SERVICE.—Section 308i(f) of such title is amended by striking 
‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY AUTHORI-
TIES FOR HEALTH CARE PROFESSIONALS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 
2130a(a)(1) of title 10, United States Code, is amended by striking 
‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH 
PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 
16302(d) of such title is amended— 
(1) by striking ‘‘before’’ and inserting ‘‘on or before’’; and 
(2) by striking ‘‘January 1, 2009’’ and inserting ‘‘December 
31, 2009’’. 
(c) ACCESSION
BONUS
FOR
REGISTERED
NURSES.—Section 
302d(a)(1) of title 37, United States Code, is amended by striking 
‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 
302e(a)(1) of such title is amended by striking ‘‘December 31, 2008’’ 
and inserting ‘‘December 31, 2009’’. 
(e) SPECIAL PAY
FOR SELECTED RESERVE HEALTH PROFES-
SIONALS
IN
CRITICALLY
SHORT
WARTIME
SPECIALTIES.—Section 
302g(e) of such title is amended by striking ‘‘December 31, 2008’’ 
and inserting ‘‘December 31, 2009’’. 
(f) 
ACCESSION
BONUS
FOR
DENTAL
OFFICERS.—Section 
302h(a)(1) of such title is amended by striking ‘‘December 31, 2008’’ 
and inserting ‘‘December 31, 2009’’. 
(g) ACCESSION
BONUS
FOR
PHARMACY
OFFICERS.—Section 
302j(a) of such title is amended by striking ‘‘December 31, 2008’’ 
and inserting ‘‘December 31, 2009’’. 
(h) ACCESSION BONUS FOR MEDICAL OFFICERS IN CRITICALLY 
SHORT WARTIME SPECIALTIES.—Section 302k(f) of such title is 
amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2009’’. 
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122 STAT. 4485 
PUBLIC LAW 110–417—OCT. 14, 2008 
(i) ACCESSION BONUS
FOR DENTAL SPECIALIST OFFICERS
IN 
CRITICALLY SHORT WARTIME SPECIALTIES.—Section 302l(g) of such 
title is amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 
NUCLEAR OFFICERS. 
(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING 
PERIOD OF ACTIVE SERVICE.—Section 312(f) of title 37, United States 
Code, is amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
(b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 
such title is amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
(c) NUCLEAR
CAREER
ANNUAL
INCENTIVE
BONUS.—Section 
312c(d) of such title is amended by striking ‘‘December 31, 2008’’ 
and inserting ‘‘December 31, 2009’’. 
SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 
(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 
title 37, United States Code, is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of such title 
is amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
(c) REENLISTMENT
BONUS
FOR
ACTIVE
MEMBERS.—Section 
308(g) of such title is amended by striking ‘‘December 31, 2008’’ 
and inserting ‘‘December 31, 2009’’. 
(d) ENLISTMENT BONUS.—Section 309(e) of such title is amended 
by striking ‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(e) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.— 
Section 324(g) of such title is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(f) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPA-
TIONAL SPECIALTY TO EASE PERSONNEL SHORTAGE.—Section 326(g) 
of such title is amended by striking ‘‘December 31, 2008’’ and 
inserting ‘‘December 31, 2009’’. 
(g) ACCESSION BONUS FOR OFFICER CANDIDATES.—Section 330(f) 
of such title is amended by striking ‘‘December 31, 2008’’ and 
inserting ‘‘December 31, 2009’’. 
(h) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY 
SKILLS OR ASSIGNED TO HIGH PRIORITY UNITS.—Section 355(i) of 
such title, as redesignated by section 661(c) of the National Defense 
Authorization Act for Fiscal Year 2008, is amended by striking 
‘‘December 31, 2008’’ and inserting ‘‘December 31, 2009’’. 
SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF 
REFERRAL BONUSES. 
(a) HEALTH PROFESSIONS REFERRAL BONUS.—Subsection (i) of 
section 1030 of title 10, United States Code, as added by section 
671(b) of the National Defense Authorization Act for Fiscal Year 
2008, is amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
(b) ARMY REFERRAL BONUS.—Subsection (h) of section 3252 
of title 10, United States Code, as added by section 671(a) of 
the National Defense Authorization Act for Fiscal Year 2008, is 
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122 STAT. 4486 
PUBLIC LAW 110–417—OCT. 14, 2008 
amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2009’’. 
SEC. 616. INCREASE IN MAXIMUM BONUS AND STIPEND AMOUNTS 
AUTHORIZED UNDER NURSE OFFICER CANDIDATE ACCES-
SION PROGRAM AND HEALTH PROFESSIONS STIPEND PRO-
GRAM. 
(a) BONUS UNDER NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’; and 
(2) by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’. 
(b) MONTHLY STIPEND UNDER NURSE OFFICER CANDIDATE 
ACCESSION PROGRAM.—Section 2130a(a)(2) of title is amended by 
striking ‘‘of not more than $1,000’’ and inserting ‘‘in an amount 
not to exceed the stipend rate in effect under section 2121(d) of 
this title’’. 
(c) MONTHLY STIPEND FOR STUDENTS IN NURSING OR OTHER 
HEALTH PROFESSIONS UNDER HEALTH PROFESSIONS STIPEND PRO-
GRAM.—Section 16201(e)(2)(A) of title is amended by striking ‘‘sti-
pend of $100 per month’’ and inserting ‘‘monthly stipend in an 
amount not to exceed the stipend rate in effect under section 2121(d) 
of this title’’. 
SEC. 617. MAXIMUM LENGTH OF NUCLEAR OFFICER INCENTIVE PAY 
AGREEMENTS FOR SERVICE. 
Section 312(a)(3) of title 37, United States Code, is amended 
by striking ‘‘three, four, or five years’’ and inserting ‘‘not less than 
three years’’. 
SEC. 618. TECHNICAL CHANGES REGARDING CONSOLIDATION OF SPE-
CIAL PAY, INCENTIVE PAY, AND BONUS AUTHORITIES OF 
THE UNIFORMED SERVICES. 
(a) ELIGIBILITY REQUIREMENTS FOR NUCLEAR OFFICER BONUS 
AND INCENTIVE PAY.—Section 333 of title 37, United States Code, 
is amended— 
(1) in subsection (a)(2), by striking ‘‘and operational’’; and 
(2) in subsection (b)(2), by striking ‘‘and operational’’. 
(b) RELATIONSHIP OF AVIATION INCENTIVE PAY TO OTHER PAY 
AND ALLOWANCES.—Section 334(f)(1) of such title is amended by 
striking ‘‘section 351’’ and inserting ‘‘section 351(a)(2)’’. 
(c) 
HEALTH
PROFESSIONS
INCENTIVE
PAY.—Section 
335(e)(1)(D)(i) of such title is amended by striking ‘‘dental surgeons’’ 
and inserting ‘‘dental officers’’. 
(d) NO PRO-RATED PAYMENT
OF CERTAIN HAZARDOUS DUTY 
PAYS.—Section 351(c) of such title is amended by striking ‘‘sub-
section (a)’’ and inserting ‘‘paragraph (1) or (3) of subsection (a)’’. 
(e) AVAILABILITY OF HAZARDOUS DUTY PAY.—Section 351(f) of 
such title is amended— 
(1) by striking ‘‘in administering subsection (a)’’ and 
inserting ‘‘in connection with determining whether a triggering 
event has occurred for the provision of hazardous duty pay 
under subsection (a)(1)’’; and 
(2) by striking the last sentence. 
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122 STAT. 4487 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PROFICIENCY 
BONUS AUTHORITIES TO ENCOURAGE TRAINING IN CRIT-
ICAL FOREIGN LANGUAGES AND FOREIGN CULTURAL 
STUDIES AND AUTHORIZATION OF INCENTIVE PAY FOR 
MEMBERS OF PRECOMMISSIONING PROGRAMS PURSUING 
FOREIGN LANGUAGE PROFICIENCY. 
(a) ELIGIBILITY FOR SKILL PROFICIENCY BONUS.— 
(1) ELIGIBILITY.—Subsection (b) of section 353 of title 37, 
United States Code, is amended to read as follows: 
‘‘(b) SKILL PROFICIENCY BONUS.— 
‘‘(1) AVAILABILITY; ELIGIBLE PERSONS.—The Secretary con-
cerned may pay a proficiency bonus to a member of a regular 
or reserve component of the uniformed services who— 
‘‘(A) is entitled to basic pay under section 204 of this 
title or compensation under section 206 of this title or 
is enrolled in an officer training program; and 
‘‘(B) is determined to have, and maintains, certified 
proficiency under subsection (d) in a skill designated as 
critical by the Secretary concerned or is in training to 
acquire proficiency in a critical foreign language or exper-
tise in foreign cultural studies or a related skill designated 
as critical by the Secretary concerned. 
‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEMBERS.—A pro-
ficiency bonus may be paid under this subsection to a student 
who is enrolled in the Senior Reserve Officers’ Training Corps 
program even though the student is in the first year of the 
four-year course under the program. During the period covered 
by the proficiency bonus, the student shall also be entitled 
to a monthly subsistence allowance under section 209(c) of 
this title even though the student has not entered into an 
agreement under section 2103a of title 10. However, if the 
student receives incentive pay under subsection (g)(2) for the 
same period, the student may receive only a single monthly 
subsistence allowance under section 209(c) of this title.’’. 
(2) AVAILABILITY OF INCENTIVE PAY FOR PARTICIPATION IN 
FOREIGN LANGUAGE EDUCATION OR TRAINING PROGRAMS.—Such 
section is further amended— 
(A) by redesignating subsections (g), (h), and (i) as 
subsections (h), (i), and (j), respectively; and 
(B) by inserting after subsection (f) the following new 
subsection (g): 
‘‘(g) FOREIGN LANGUAGE STUDIES IN OFFICER TRAINING PRO-
GRAMS.— 
‘‘(1) AVAILABILITY OF INCENTIVE PAY.—The Secretary con-
cerned may pay incentive pay to a person enrolled in an officer 
training program to also participate in an education or training 
program to acquire proficiency in a critical foreign language 
or expertise in foreign cultural studies or a related skill des-
ignated as critical by the Secretary concerned. 
‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEMBERS.—Incen-
tive pay may be paid under this subsection to a student who 
is enrolled in the Senior Reserve Officers’ Training Corps pro-
gram even though the student is in the first year of the four- 
year course under the program. While the student receives 
the incentive pay, the student shall also be entitled to a monthly 
subsistence allowance under section 209(c) of this title even 
though the student has not entered into an agreement under 
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122 STAT. 4488 
PUBLIC LAW 110–417—OCT. 14, 2008 
section 2103a of title 10. However, if the student receives 
a proficiency bonus under subsection (b)(2) covering the same 
month, the student may receive only a single monthly subsist-
ence allowance under section 209(c) of this title. 
‘‘(3) CRITICAL FOREIGN LANGUAGE DEFINED.—In this section, 
the term ‘critical foreign language’ includes Arabic, Korean, 
Japanese, Chinese, Pashto, Persian-Farsi, Serbian-Croatian, 
Russian, Portuguese, or other language designated as critical 
by the Secretary concerned.’’. 
(b) INCENTIVE PAY AUTHORIZED.— 
(1) IN GENERAL.—Chapter 5 of title 37, United States Code, 
is amended by inserting after section 316 the following new 
section: 
‘‘§ 316a. 
Special 
pay: 
incentive 
pay 
for 
members 
of 
precommissioning programs pursuing foreign lan-
guage proficiency 
‘‘(a) INCENTIVE PAY.—The Secretary of Defense may pay incen-
tive pay under this section to an individual who— 
‘‘(1) is enrolled as a member of the Senior Reserve Officers’ 
Training Corps or the Marine Corps Platoon Leaders Class, 
as determined in accordance with regulations prescribed by 
the Secretary of Defense under subsection (e); and 
‘‘(2) participates in a language immersion program 
approved for purposes of the Senior Reserve Officers’ Training 
Corps, or in study abroad, or is enrolled in an academic course 
that involves instruction in a foreign language of strategic 
interest to the Department of Defense as designated by the 
Secretary of Defense for purposes of this section. 
‘‘(b) PERIOD OF PAYMENT.—Incentive pay is payable under this 
section to an individual described in subsection (a) for the period 
of the individual’s participation in the language program or study 
described in paragraph (2) of that subsection. 
‘‘(c) AMOUNT.—The amount of incentive pay payable to an indi-
vidual under this section may not exceed $3,000 per year. 
‘‘(d) REPAYMENT.—An individual who is paid incentive pay 
under this section but who does not satisfactorily complete partici-
pation in the individual’s language program or study as described 
in subsection (a)(2), or who does not complete the requirements 
of the Senior Reserve Officers’ Training Corps or the Marine Corps 
Platoon Leaders Class, as applicable, shall be subject to the repay-
ment provisions of section 303a(e) of this title. 
‘‘(e) REGULATIONS.—This section shall be administered under 
regulations prescribed by the Secretary of Defense. 
‘‘(f) REPORTS.—Not later than January 1, 2010, and annually 
thereafter through 2014, the Secretary of Defense shall submit 
to the Director of the Office of Management and Budget, and 
to Congress, a report on the payment of incentive pay under this 
section during the preceding fiscal year. Each report shall include, 
for the fiscal year covered by such report, the following: 
‘‘(1) The number of individuals paid incentive pay under 
this section, the number of individuals commencing receipt 
of incentive pay under this section, and the number of individ-
uals ceasing receipt of incentive pay under this section. 
‘‘(2) The amount of incentive pay paid to individuals under 
this section. 
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122 STAT. 4489 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(3) The aggregate amount recouped under section 303a(e) 
of this title in connection with receipt of incentive pay under 
this section. 
‘‘(4) The languages for which incentive pay was paid under 
this section, including the total amount paid for each such 
language. 
‘‘(5) The effectiveness of incentive pay under this section 
in assisting the Department of Defense in securing proficiency 
in foreign languages of strategic interest to the Department 
of Defense, including a description of how recipients of pay 
under this section are assigned and utilized following comple-
tion of the program of study. 
‘‘(g) TERMINATION OF AUTHORITY.—No incentive pay may be 
paid under this section after December 31, 2013.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 5 of such title is amended by inserting 
after the item relating to section 316 the following new item: 
‘‘316a. Special pay: incentive pay for members of precommissioning programs pur-
suing foreign language proficiency.’’. 
(c) PILOT
PROGRAM
FOR
FOREIGN
LANGUAGE
PROFICIENCY 
TRAINING FOR RESERVE MEMBERS.— 
(1) PILOT PROGRAM REQUIRED.—The Secretary of Defense 
shall conduct a pilot program to provide a skill proficiency 
bonus under section 353(b) of title 37, United States Code, 
to a member of a reserve component of the uniformed services 
who is entitled to compensation under section 206 of such 
title while the member participates in an education or training 
program to acquire proficiency in a critical foreign language 
or expertise in foreign cultural studies or a related skill des-
ignated as critical under such section 353. 
(2) DURATION OF PILOT PROGRAM.—The Secretary shall con-
duct the pilot program during the period beginning on October 
1, 2008, and ending on December 31, 2013. Incentive pay may 
not be provided under the pilot program after December 31, 
2013. 
(3) REPORTING REQUIREMENT.—Not later than March 31, 
2012, the Secretary shall submit to Congress a report con-
taining the results of the pilot program and the recommenda-
tions of the Secretary regarding whether to continue or expand 
the pilot program. 
(d) EXPEDITED IMPLEMENTATION.—Notwithstanding section 662 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 180; 37 U.S.C. 301 note), the Sec-
retary of a military department may immediately implement the 
amendments made by subsection (a) in order to ensure the prompt 
availability of proficiency bonuses and incentive pay under section 
353 of title 37, United States Code, as amended by such subsections, 
for persons enrolled in officer training programs. 
SEC. 620. ACCESSION AND RETENTION BONUSES FOR THE RECRUIT-
MENT AND RETENTION OF OFFICERS IN CERTAIN HEALTH 
PROFESSIONS. 
(a) TARGETED BONUS AUTHORITY TO INCREASE DIRECT ACCES-
SIONS.— 
(1) DESIGNATION OF CRITICALLY SHORT WARTIME HEALTH 
SPECIALTIES.—For purposes of section 335 of title 37, United 
States Code, as added by section 661 of the National Defense 
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122 STAT. 4490 
PUBLIC LAW 110–417—OCT. 14, 2008 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 
122 Stat. 169), the following health professions are designated 
as a critically short wartime specialty under subsection (a)(2) 
of such section: 
(A) Psychologists who have been awarded a diploma 
as a Diplomate in Psychology by the American Board of 
Professional Psychology and are fully licensed and such 
other mental health practitioners as the Secretary con-
cerned determines to be necessary. 
(B) Registered nurses. 
(2) SPECIAL AGREEMENT AUTHORITY.—Under the authority 
provided by this section, the Secretary concerned may enter 
into an agreement under subsection (f) of section 335 of title 
37, United States Code, to pay a health professions bonus 
under such section to a person who accepts a commission or 
appointment as an officer and whose health profession specialty 
is specified in paragraph (1) of this subsection. 
(3) SECRETARY CONCERNED DEFINED.—In this subsection, 
the term ‘‘Secretary concerned’’ has the meaning given that 
term in section 101(5) of title 37, United States Code. 
(4) EFFECTIVE PERIOD.—The designations made by this sub-
section and the authority to enter into an agreement under 
paragraph (2) of this subsection expire on September 30, 2010. 
(b) ACCESSION AND RETENTION BONUSES FOR PSYCHOLOGISTS.— 
(1) IN GENERAL.—Chapter 5 of title 37, United States Code, 
is amended by inserting after section 302c the following new 
section: 
‘‘§ 302c-1. Special pay: accession and retention bonuses for 
psychologists 
‘‘(a) ACCESSION BONUS.— 
‘‘(1) ACCESSION BONUS AUTHORIZED.—A person described 
in paragraph (2) who executes a written agreement described 
in subsection (d) to accept a commission as an officer of the 
armed forces and remain on active duty for a period of not 
less than four consecutive years may, upon acceptance of the 
agreement by the Secretary concerned, be paid an accession 
bonus in an amount, subject to subsection (c)(1), determined 
by the Secretary concerned. 
‘‘(2) ELIGIBLE PERSONS.—A person described in paragraph 
(1) is any person who— 
‘‘(A) is a graduate of an accredited school of psychology; 
and 
‘‘(B) holds a valid State license to practice as a doctoral 
level psychologist. 
‘‘(3) LIMITATION ON ELIGIBILITY.—A person may not be paid 
a bonus under this subsection if— 
‘‘(A) the person, in exchange for an agreement to accept 
an appointment as an officer, received financial assistance 
from the Department of Defense to pursue a course of 
study in psychology; or 
‘‘(B) the Secretary concerned determines that the per-
son is not qualified to become and remain certified as 
a psychologist. 
‘‘(b) MULTIYEAR RETENTION BONUS.— 
‘‘(1) RETENTION BONUS AUTHORIZED.—An officer described 
in paragraph (2) who executes a written agreement described 
Expiration date. 
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122 STAT. 4491 
PUBLIC LAW 110–417—OCT. 14, 2008 
in subsection (d) to remain on active duty for up to four years 
after completion of any other active-duty service commitment 
may, upon acceptance of the agreement by the Secretary con-
cerned, be paid a retention bonus as provided in this section. 
‘‘(2) ELIGIBLE OFFICERS.—An officer described in paragraph 
(1) is an officer of the armed forces who— 
‘‘(A) is a psychologist of the armed forces; 
‘‘(B) is in a pay grade below pay grade O–7; 
‘‘(C) has at least eight years of creditable service (com-
puted as described in section 302b(f) of this title) or has 
completed any active-duty service commitment incurred 
for psychology education and training; 
‘‘(D) has completed initial residency training (or will 
complete such training before September 30 of the fiscal 
year in which the officer enters into the agreement under 
this subsection); and 
‘‘(E) holds a valid State license to practice as a doctoral 
level psychologist. 
‘‘(c) MAXIMUM AMOUNT OF BONUS.— 
‘‘(1) ACCESSION BONUS.—The amount of an accession bonus 
under subsection (a) may not exceed $400,000. 
‘‘(2) RETENTION BONUS.—The amount of a retention bonus 
under subsection (b) may not exceed $25,000 for each year 
of the agreement of the officer concerned. 
‘‘(d) AGREEMENT.—The agreement referred to in subsections 
(a) and (b) shall provide that, consistent with the needs of the 
armed force concerned, the person or officer executing the agree-
ment will be assigned to duty, for the period of obligated service 
covered by the agreement, as an officer of such armed force as 
a psychologist. 
‘‘(e) REPAYMENT.— 
‘‘(1) ACCESSION BONUS.—A person who, after signing an 
agreement under subsection (a), is not commissioned as an 
officer of the armed forces, does not become licensed as a 
psychologist, or does not complete the period of active duty 
specified in the agreement shall be subject to the repayment 
provisions of section 303a(e) of this title. 
‘‘(2) RETENTION BONUS.—An officer who does not complete 
the period of active duty specified in the agreement entered 
into under subsection (b) shall be subject to the repayment 
provisions of section 303a(e) of this title. 
‘‘(f) TERMINATION OF AUTHORITY.—No agreement under sub-
section (a) or (b) may be entered into after December 31, 2009.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 5 of such title is amended by inserting 
after the item relating to section 302c the following new item: 
‘‘302c–1. Special pay: accession and retention bonuses for psychologists.’’. 
Subtitle C—Travel and Transportation 
Allowances 
SEC. 621. SPECIAL WEIGHT ALLOWANCE FOR TRANSPORTATION OF 
PROFESSIONAL BOOKS AND EQUIPMENT FOR SPOUSES. 
Section 406(b)(1)(D) of title 37, United States Code, is 
amended— 
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122 STAT. 4492 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) by inserting ‘‘(i)’’ after ‘‘(D)’’; 
(2) in the second sentence of clause (i), as designated by 
paragraph (1), by striking ‘‘this subparagraph’’ and inserting 
‘‘this clause’’; 
(3) by designating the last sentence as clause (iii) and 
indenting the margin of such clause, as so designated, two 
ems from the left margin; and 
(4) by inserting after clause (i), as designated by paragraph 
(1), the following new clause: 
‘‘(ii) In addition to the weight allowance authorized for such 
member with dependents under paragraph (C), the Secretary con-
cerned may authorize up to an additional 500 pounds in weight 
allowance for shipment of professional books and equipment 
belonging to the spouse of such member.’’. 
SEC. 622. SHIPMENT OF FAMILY PETS DURING EVACUATION OF PER-
SONNEL. 
Section 406(b)(1) of title 37, United States Code, is amended 
by adding at the end the following new subparagraph: 
‘‘(H)(i) Except as provided in paragraph (2) and subject to 
clause (iii), in connection with an evacuation from a permanent 
station located in a foreign area, a member is entitled to transpor-
tation (including shipment and payment of any quarantine costs) 
of family household pets. 
‘‘(ii) A member entitled to transportation under clause (i) may 
be paid reimbursement or, at the member’s request, a monetary 
allowance in accordance with the provisions of subparagraph (F) 
if the member secures by commercial means shipment and any 
quarantining of the pets otherwise subject to transportation under 
clause (i). 
‘‘(iii) The provision of transportation under clause (i) and the 
payment of reimbursement under clause (ii) shall be subject to 
such regulations as the Secretary of Defense shall prescribe with 
respect to members of the armed forces for purposes of this subpara-
graph. Such regulations may specify limitations on the types, size, 
and number of pets for which transportation may be provided 
or reimbursement paid.’’. 
Subtitle D—Retired Pay and Survivor 
Benefits 
SEC. 631. EXTENSION TO SURVIVORS OF CERTAIN MEMBERS WHO DIE 
ON ACTIVE DUTY OF SPECIAL SURVIVOR INDEMNITY 
ALLOWANCE FOR PERSONS AFFECTED BY REQUIRED SUR-
VIVOR BENEFIT PLAN ANNUITY OFFSET FOR DEPENDENCY 
AND INDEMNITY COMPENSATION. 
(a) EXTENSION.—Subsection (m) of section 1450 of title 10, 
United States Code, as added by section 644 of the National Defense 
Authorization Act for Fiscal Year 2008, is amended in paragraph 
(1)(B) by striking ‘‘section 1448(a)(1) of this title’’ and inserting 
‘‘subsection (a)(1) of section 1448 of this title or by reason of coverage 
under subsection (d) of such section’’. 
(b) APPLICATION OF AMENDMENT.—The amendment made by 
subsection (a) shall apply with respect to the month beginning 
on October 1, 2008, and subsequent months as provided by para-
graph (6) of subsection (m) of section 1450 of title 10, United 
Effective date. 
Regulations. 
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122 STAT. 4493 
PUBLIC LAW 110–417—OCT. 14, 2008 
States Code, as added by section 644 of the National Defense 
Authorization Act for Fiscal Year 2008. 
SEC. 632. CORRECTION OF UNINTENDED REDUCTION IN SURVIVOR 
BENEFIT PLAN ANNUITIES DUE TO PHASED ELIMINATION 
OF TWO-TIER ANNUITY COMPUTATION AND SUPPLE-
MENTAL ANNUITY. 
Effective as of October 28, 2004, and as if included therein 
as enacted, section 644(c) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 1961; 10 U.S.C. 1450 note) is amended by adding at the 
end the following new paragraph: 
‘‘(3) SAVINGS PROVISION.—If, as a result of the recomputa-
tion of annuities under section 1450 of title 10, United States 
Code, and supplemental survivor annuities under section 1457 
of such title, as required by paragraph (1), the total amount 
of both annuities to be paid to an annuitant for a month 
would be less (because of the offset required by section 1450(c) 
of such title for dependency and indemnity compensation) than 
the amount that would be paid to the annuitant in the absence 
of recomputation, the Secretary of Defense shall take such 
actions as are necessary to adjust the annuity amounts to 
eliminate the reduction.’’. 
Subtitle 
E—Commissary 
and 
Non-
appropriated Fund Instrumentality Ben-
efits and Operations 
SEC. 641. USE OF COMMISSARY STORES SURCHARGES DERIVED FROM 
TEMPORARY COMMISSARY INITIATIVES FOR RESERVE 
COMPONENT AND RETIRED MEMBERS. 
Section 2484(h) of title 10, United States Code, is amended— 
(1) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; 
(2) in such paragraph (4), as so redesignated, by striking 
‘‘paragraph (1) or (2)’’ and inserting ‘‘paragraph (1), (2), or 
(3)’’; and 
(3) by inserting after paragraph (2) the following new para-
graph: 
‘‘(3)(A) The Secretary of Defense may use the proceeds derived 
from surcharges imposed under subsection (d) in connection with 
sales of commissary merchandise through initiatives described in 
subparagraph (B) to offset the cost of such initiatives. 
‘‘(B) Subparagraph (A) applies with respect to initiatives, uti-
lizing temporary and mobile equipment, intended to provide mem-
bers of reserve components, retired members, and other persons 
eligible for commissary benefits, but without reasonable access to 
commissary stores, improved access to commissary merchandise.’’. 
SEC. 642. ENHANCED ENFORCEMENT OF PROHIBITION ON SALE OR 
RENTAL OF SEXUALLY EXPLICIT MATERIAL ON MILITARY 
INSTALLATIONS. 
(a) ESTABLISHMENT OF RESALE ACTIVITIES REVIEW BOARD.— 
Section 2495b of title 10, United States Code, is amended— 
Applicability. 
Effective date. 
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122 STAT. 4494 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) RESALE ACTIVITIES REVIEW BOARD.—(1) The Secretary of 
Defense shall establish a nine-member board to make recommenda-
tions to the Secretary regarding whether material sold or rented, 
or proposed for sale or rental, on property under the jurisdiction 
of the Department of Defense is barred from sale or rental by 
subsection (a). 
‘‘(2)(A) The Secretary of Defense shall appoint six members 
of the board to broadly represent the interests of the patron base 
served by the defense commissary system and the exchange system. 
The Secretary shall appoint one of the members to serve as the 
chairman of the board. At least one member appointed under this 
subparagraph shall be a person with experience managing or advo-
cating for military family programs and who is also an eligible 
patron of the defense commissary system and the exchange system. 
‘‘(B) The Secretary of each of the military departments shall 
appoint one member of the board. 
‘‘(C) A vacancy on the board shall be filled in the same manner 
as the original appointment. 
‘‘(3) The Secretary of Defense may detail persons to serve 
as staff for the board. At a minimum, the Secretary shall ensure 
that the board is assisted at meetings by military resale and legal 
advisors. 
‘‘(4) The recommendations made by the board under paragraph 
(1) shall be made available to the public. The Secretary of Defense 
shall publicize the availability of such recommendations by such 
means as the Secretary considers appropriate. 
‘‘(5) Members of the board shall be allowed travel expense, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 
5 while away from their homes or regular places of business in 
the performance of services for the board.’’. 
(b) DEADLINE FOR ESTABLISHMENT AND INITIAL MEETING.— 
(1) ESTABLISHMENT.—The board required by subsection (c) 
of section 2495b of title 10, United States Code, as added 
by subsection (a), shall be established, and its initial nine 
members appointed, not later than 120 days after the date 
of the enactment of this Act. 
(2) MEETINGS.—The board shall conduct an initial meeting 
within one year after the date of the appointment of the initial 
members of the board. At the discretion of the board, the 
board may consider all materials previously reviewed under 
such section as available for reconsideration for a minimum 
of 180 days following the initial meeting of the board. 
Public 
information. 
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122 STAT. 4495 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle F—Other Matters 
SEC. 651. CONTINUATION OF ENTITLEMENT TO BONUSES AND SIMILAR 
BENEFITS FOR MEMBERS OF THE UNIFORMED SERVICES 
WHO DIE, ARE SEPARATED OR RETIRED FOR DISABILITY, 
OR MEET OTHER CRITERIA. 
(a) DISCRETION TO PROVIDE EXCEPTION TO TERMINATION AND 
REPAYMENT REQUIREMENTS UNDER CERTAIN CIRCUMSTANCES.—Sec-
tion 303a(e) of title 37, United States Code, is amended— 
(1) in the subsection heading, by inserting ‘‘; TERMINATION 
OF ENTITLEMENT TO UNPAID AMOUNTS’’ after ‘‘MET’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘A member’’ and inserting ‘‘(A) Except 
as provided in paragraph (2), a member’’; and 
(B) by striking ‘‘the requirements, except in certain 
circumstances authorized by the Secretary concerned.’’ and 
inserting ‘‘the eligibility requirements and may not receive 
any unpaid amounts of the bonus or similar benefit after 
the member fails to satisfy the requirements, unless the 
Secretary concerned determines that the imposition of the 
repayment requirement and termination of the payment 
of unpaid amounts of the bonus or similar benefit with 
regard to the member would be contrary to a personnel 
policy or management objective, would be against equity 
and good conscience, or would be contrary to the best 
interests of the United States.’’; and 
(3) by redesignating paragraph (2) as subparagraph (B) 
of paragraph (1). 
(b) MANDATORY PAYMENT OF UNPAID AMOUNTS UNDER CERTAIN 
CIRCUMSTANCES; NO REPAYMENT OF UNEARNED AMOUNTS.—Section 
303a(e) of title 37, United States Code, is amended by inserting 
after paragraph (1), as amended by subsection (a), the following 
new paragraph (2): 
‘‘(2)(A) If a member of the uniformed services dies or is retired 
or separated with a combat-related disability, the Secretary con-
cerned— 
‘‘(i) shall not require repayment by the member or the 
member’s estate of the unearned portion of any bonus or similar 
benefit previously paid to the member; and 
‘‘(ii) shall require the payment to the member or the mem-
ber’s estate of the remainder of any bonus or similar benefit 
that was not yet paid to the member, but to which the member 
was entitled immediately before the death, retirement, or sepa-
ration of the member, and would be paid if not for the death, 
retirement, or separation of the member. 
‘‘(B) Subparagraph (A) does not apply if the death or disability 
of the member is the result the member’s misconduct. 
‘‘(C) The amount to be paid under subparagraph (A)(ii) shall 
be equal to the full amount specified by the agreement or contract 
applicable to the bonus or similar benefit as if the member continued 
to be entitled to the bonus or similar benefit following the death, 
retirement, or separation. 
‘‘(D) Amounts to be paid to a member or the member’s estate 
under subparagraph (A)(ii) shall be paid in a lump sum not later 
than 90 days after the date of the death, retirement, or separation 
of the member, whichever applies. 
Deadline. 
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122 STAT. 4496 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(E) In this paragraph, the term ‘combat-related disability’ has 
the meaning given that term in section 1413a(e) of title 10.’’. 
(c) CONFORMING AMENDMENTS REFLECTING CONSOLIDATED SPE-
CIAL PAY AND BONUS AUTHORITIES.— 
(1) CONFORMING
AMENDMENTS.—Section 373 of title 37, 
United States Code, as added by section 661 of the National 
Defense Authorization Act for Fiscal Year 2008, is amended— 
(A) in subsection (a)— 
(i) in the subsection heading, by inserting ‘‘AND 
TERMINATION’’ after ‘‘REPAYMENT’’; and 
(ii) by inserting before the period at the end the 
following: ‘‘, and the member may not receive any 
unpaid amounts of the bonus, incentive pay, or similar 
benefit after the member fails to satisfy such service 
or eligibility requirement’’; and 
(B) by striking subsection (b) and inserting the fol-
lowing new subsection: 
‘‘(b) EXCEPTIONS.— 
‘‘(1) DISCRETION TO PROVIDE EXCEPTION TO TERMINATION 
AND REPAYMENT REQUIREMENTS.—Pursuant to the regulations 
prescribed to administer this section, the Secretary concerned 
may grant an exception to the repayment requirement and 
requirement to terminate the payment of unpaid amounts of 
a bonus, incentive pay, or similar benefit if the Secretary con-
cerned determines that the imposition of the repayment and 
termination requirements with regard to a member of the uni-
formed services would be contrary to a personnel policy or 
management objective, would be against equity and good con-
science, or would be contrary to the best interests of the United 
States. 
‘‘(2) MANDATORY PAYMENT OF UNPAID AMOUNTS UNDER CER-
TAIN CIRCUMSTANCES; NO REPAYMENT OF UNEARNED AMOUNTS.— 
(A) If a member of the uniformed services dies or is retired 
or separated with a combat-related disability, the Secretary 
concerned— 
‘‘(i) shall not require repayment by the member or 
the member’s estate of the unearned portion of any bonus, 
incentive pay, or similar benefit previously paid to the 
member; and 
‘‘(ii) shall require the payment to the member or the 
member’s estate of the remainder of any bonus, incentive 
pay, or similar benefit that was not yet paid to the member, 
but to which the member was entitled immediately before 
the death, retirement, or separation of the member, and 
would be paid if not for the death, retirement, or separation 
of the member. 
‘‘(B) Subparagraph (A) does not apply if the death or dis-
ability of the member is the result the member’s misconduct. 
‘‘(C) The amount to be paid under subparagraph (A)(ii) 
shall be equal to the full amount specified by the agreement 
or contract applicable to the bonus, incentive pay, or similar 
benefit as if the member continued to be entitled to the bonus, 
incentive pay, or similar benefit following the death, retirement, 
or separation. 
‘‘(D) Amounts to be paid to a member or the member’s 
estate under subparagraph (A)(ii) shall be paid in a lump 
Deadline. 
Regulations. 
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122 STAT. 4497 
PUBLIC LAW 110–417—OCT. 14, 2008 
sum not later than 90 days after the date of the death, retire-
ment, or separation of the member, whichever applies. 
‘‘(E) In this paragraph, the term ‘combat-related disability’ 
has the meaning given that term in section 1413a(e) of title 
10.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) SECTION HEADING.—The heading of such section 
is amended to read as follows: 
‘‘§ 373. Repayment of unearned portion of bonus, incentive 
pay, 
or 
similar 
benefit, 
and 
termination 
of 
remaining payments, when conditions of payment 
not met’’. 
(B) TABLE OF CONTENTS.—The table of sections at the 
beginning of chapter 5 of title 37, United States Code, 
is amended by striking the item relating to section 373 
and inserting the following new item: 
‘‘373. Repayment of unearned portion of bonus, incentive pay, or similar benefit, and 
termination of remaining payments, when conditions of payment not 
met.’’. 
TITLE VII—HEALTH CARE AND 
WOUNDED WARRIORS PROVISIONS 
Subtitle A—Improvements to Health Benefits 
Sec. 701. One-year extension of prohibition on increases in certain health care costs 
for members of the uniformed services. 
Sec. 702. Temporary prohibition on increase in copayments under retail pharmacy 
system of pharmacy benefits program. 
Sec. 703. Chiropractic health care for members on active duty. 
Sec. 704. Calculation of monthly premiums for coverage under TRICARE Reserve 
Select after 2008. 
Sec. 705. Program for health care delivery at military installations projected to 
grow. 
Sec. 706. Guidelines for combined medical facilities of the Department of Defense 
and the Department of Veterans Affairs. 
Subtitle B—Preventive Care 
Sec. 711. Waiver of copayments for preventive services for certain TRICARE bene-
ficiaries. 
Sec. 712. Military health risk management demonstration project. 
Sec. 713. Smoking cessation program under TRICARE. 
Sec. 714. Preventive health allowance. 
Sec. 715. Additional authority for studies and demonstration projects relating to de-
livery of health and medical care. 
Subtitle C—Wounded Warrior Matters 
Sec. 721. Center of excellence in prevention, diagnosis, mitigation, treatment, and 
rehabilitation of hearing loss and auditory system injuries. 
Sec. 722. Clarification to center of excellence relating to military eye injuries. 
Sec. 723. Center of Excellence in the Mitigation, Treatment, and Rehabilitation of 
Traumatic Extremity Injuries and Amputations. 
Sec. 724. Additional responsibilities for the wounded warrior resource center. 
Sec. 725.
Sense of Congress on research on traumatic brain injury. 
Sec. 726. Extension of Senior Oversight Committee with respect to wounded war-
rior matters. 
Sec. 727. Modification of utilization of veterans’ presumption of sound condition in 
establishing eligibility of members of the Armed Forces for retirement 
for disability. 
Subtitle D—Other Matters 
Sec. 731. Report on providing the Extended Care Health Option Program to de-
pendents of military retirees. 
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122 STAT. 4498 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 732.
Increase in cap on extended benefits under extended health care option 
(ECHO). 
Sec. 733. Department of Defense task force on the prevention of suicide by mem-
bers of the Armed Forces. 
Sec. 734. Transitional health care for certain members of the Armed Forces who 
agree to serve in the Selected Reserve of the Ready Reserve. 
Sec. 735. Enhancement of medical and dental readiness of members of the Armed 
Forces. 
Subtitle A—Improvements to Health 
Benefits 
SEC. 701. ONE-YEAR EXTENSION OF PROHIBITION ON INCREASES IN 
CERTAIN HEALTH CARE COSTS FOR MEMBERS OF THE UNI-
FORMED SERVICES. 
(a) CHARGES UNDER CONTRACTS FOR MEDICAL CARE.—Section 
1097(e) of title 10, United States Code, is amended by striking 
‘‘September 30, 2008’’ and inserting ‘‘September 30, 2009’’. 
(b) CHARGES FOR INPATIENT CARE.—Section 1086(b)(3) of such 
title is amended by striking ‘‘September 30, 2008’’ and inserting 
‘‘September 30, 2009’’. 
SEC. 702. TEMPORARY PROHIBITION ON INCREASE IN COPAYMENTS 
UNDER RETAIL PHARMACY SYSTEM OF PHARMACY BENE-
FITS PROGRAM. 
During the period beginning on October 1, 2008, and ending 
on September 30, 2009, the cost sharing requirements established 
under paragraph (6) of section 1074g(a) of title 10, United States 
Code, for pharmaceutical agents available through retail phar-
macies covered by paragraph (2)(E)(ii) of such section may not 
exceed amounts as follows: 
(1) In the case of generic agents, $3. 
(2) In the case of formulary agents, $9. 
(3) In the case of nonformulary agents, $22. 
SEC. 703. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON ACTIVE 
DUTY. 
Not later than September 30, 2009, the Secretary of Defense 
shall provide chiropractic services to active duty military personnel 
at 11 additional military treatment facilities that do not currently 
provide chiropractic services. 
SEC. 704. CALCULATION OF MONTHLY PREMIUMS FOR COVERAGE 
UNDER TRICARE RESERVE SELECT AFTER 2008. 
(a) CALCULATION OF MONTHLY PREMIUMS FOR YEARS AFTER 
2009.—Section 1076d(d)(3) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 
(2) in subparagraph (A), as so designated— 
(A) by striking ‘‘that the Secretary determines’’ and 
inserting ‘‘determined’’; and 
(B) by striking the second sentence; and 
(3) by adding at the end the following new subparagraph: 
‘‘(B) The appropriate actuarial basis for purposes of subpara-
graph (A) shall be determined, for each calendar year after calendar 
year 2009, by utilizing the actual cost of providing benefits under 
this section to members and their dependents during the calendar 
years preceding such calendar year.’’. 
Deadline. 
Time period. 
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122 STAT. 4499 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) CALCULATION OF MONTHLY PREMIUMS FOR 2009.—For pur-
poses of section 1076d(d)(3) of title 10, United States Code, the 
appropriate actuarial basis for purposes of subparagraph (A) of 
that section shall be determined for calendar year 2009 by utilizing 
the reported cost of providing benefits under that section to mem-
bers and their dependents during calendar years 2006 and 2007, 
except that the monthly amount of the premium determined pursu-
ant to this subsection may not exceed the amount in effect for 
the month of March 2007. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as of October 1, 2008. 
SEC. 705. PROGRAM FOR HEALTH CARE DELIVERY AT MILITARY 
INSTALLATIONS PROJECTED TO GROW. 
(a) PROGRAM.—The Secretary of Defense is authorized to 
develop a plan to establish a program to build cooperative health 
care arrangements and agreements between military installations 
projected to grow and local and regional non-military health care 
systems. 
(b) REQUIREMENTS OF PLAN.—In developing the plan, the Sec-
retary of Defense shall— 
(1) identify and analyze health care delivery options 
involving the private sector and health care services in military 
facilities located on military installations; 
(2) develop methods for determining the cost avoidance 
or savings resulting from innovative partnerships between the 
Department of Defense and the private sector; 
(3) develop requirements for Department of Defense health 
care providers to deliver health care in civilian community 
hospitals; and 
(4) collaborate with State and local authorities to create 
an arrangement to share and exchange, between the Depart-
ment of Defense and nonmilitary health care systems, personal 
health information, and data of military personnel and their 
families. 
(c) COORDINATION WITH OTHER ENTITIES.—The plan shall 
include requirements for coordination with Federal, State, and local 
entities, TRICARE managed care support contractors, and other 
contracted assets around installations selected for participation in 
the program. 
(d) CONSULTATION REQUIREMENTS.—The Secretary of Defense 
shall develop the plan in consultation with the Secretaries of the 
military departments. 
(e) SELECTION OF MILITARY INSTALLATIONS.—Each selected mili-
tary installation shall meet the following criteria: 
(1) The military installation has members of the Armed 
Forces on active duty and members of reserve components 
of the Armed Forces that use the installation as a training 
and operational base, with members routinely deploying in 
support of the global war on terrorism. 
(2) The military population of an installation will signifi-
cantly increase by 2013 due to actions related to either Grow 
the Force initiatives or recommendations of the Defense Base 
Realignment and Closure Commission. 
(3) There is a military treatment facility on the installation 
that has— 
Plan. 
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122 STAT. 4500 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) no inpatient or trauma center care capabilities; 
and 
(B) no current or planned capacity that would satisfy 
the proposed increase in military personnel at the installa-
tion. 
(4) There is a civilian community hospital near the military 
installation, and the military treatment facility has— 
(A) no inpatient services or limited capability to expand 
inpatient care beds, intensive care, and specialty services; 
and 
(B) limited or no capability to provide trauma care. 
(f) REPORTS.—Not later than one year after the date of the 
enactment of this Act, and every year thereafter, the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives an annual report on 
any plan developed under subsection (a). 
SEC. 706. GUIDELINES FOR COMBINED MEDICAL FACILITIES OF THE 
DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF 
VETERANS AFFAIRS. 
Before a facility may be designated a combined Federal medical 
facility of the Department of Defense and the Department of Vet-
erans Affairs, the Secretary of Defense and the Secretary of Vet-
erans Affairs shall execute a signed agreement that specifies, at 
a minimum, a binding operational agreement on the following areas: 
(1) Governance. 
(2) Patient priority categories. 
(3) Budgeting. 
(4) Staffing and training. 
(5) Construction. 
(6) Physical plant management. 
(7) Contingency planning. 
(8) Quality assurance. 
(9) Information technology. 
Subtitle B—Preventive Care 
SEC. 711. WAIVER OF COPAYMENTS FOR PREVENTIVE SERVICES FOR 
CERTAIN TRICARE BENEFICIARIES. 
(a) WAIVER OF CERTAIN COPAYMENTS.—Subject to subsection 
(b) and under regulations prescribed by the Secretary of Defense, 
the Secretary shall— 
(1) waive all copayments under sections 1079(b) and 
1086(b) of title 10, United States Code, for preventive services 
for all beneficiaries who would otherwise pay copayments; and 
(2) ensure that a beneficiary pays nothing for preventive 
services during a year even if the beneficiary has not paid 
the amount necessary to cover the beneficiary’s deductible for 
the year. 
(b) EXCLUSION FOR MEDICARE-ELIGIBLE BENEFICIARIES.—Sub-
section (a) shall not apply to a medicare-eligible beneficiary. 
(c) REFUND OF COPAYMENTS.— 
(1) AUTHORITY.—Under regulations prescribed by the Sec-
retary of Defense, the Secretary may pay a refund to a medi-
care-eligible beneficiary excluded by subsection (b), subject to 
Regulations. 
Regulations. 
Contracts. 
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122 STAT. 4501 
PUBLIC LAW 110–417—OCT. 14, 2008 
the availability of appropriations specifically for such refunds, 
consisting of an amount up to the difference between— 
(A) the amount the beneficiary pays for copayments 
for preventive services during fiscal year 2009; and 
(B) the amount the beneficiary would have paid during 
such fiscal year if the copayments for preventive services 
had been waived pursuant to subsection (a) during that 
year. 
(2) COPAYMENTS COVERED.—The refunds under paragraph 
(1) are available only for copayments paid by medicare-eligible 
beneficiaries during fiscal year 2009. 
(d) DEFINITIONS.—In this section: 
(1) PREVENTIVE SERVICES.—The term ‘‘preventive services’’ 
includes, taking into consideration the age and gender of the 
beneficiary: 
(A) Colorectal screening. 
(B) Breast screening. 
(C) Cervical screening. 
(D) Prostate screening. 
(E) Annual physical exam. 
(F) Vaccinations. 
(G) Other services as determined by the Secretary 
of Defense. 
(2) MEDICARE-ELIGIBLE.—The term ‘‘medicare-eligible’’ has 
the meaning provided by section 1111((b) of title 10, United 
States Code. 
SEC. 712. MILITARY HEALTH RISK MANAGEMENT DEMONSTRATION 
PROJECT. 
(a) DEMONSTRATION PROJECT REQUIRED.—The Secretary of 
Defense shall conduct a demonstration project designed to evaluate 
the efficacy of providing incentives to encourage healthy behaviors 
on the part of eligible military health system beneficiaries. 
(b) ELEMENTS OF DEMONSTRATION PROJECT.— 
(1) WELLNESS ASSESSMENT.—The Secretary shall develop 
a wellness assessment to be offered to beneficiaries enrolled 
in the demonstration project. The wellness assessment shall 
incorporate nationally recognized standards for health and 
healthy behaviors and shall be offered to determine a baseline 
and at appropriate intervals determined by the Secretary. The 
wellness assessment shall include the following: 
(A) A self-reported health risk assessment. 
(B) Physiological and biometric measures, including 
at least— 
(i) blood pressure; 
(ii) glucose level; 
(iii) lipids; 
(iv) nicotine use; and 
(v) weight. 
(2) POPULATION ENROLLED.—Non-medicare eligible retired 
beneficiaries of the military health system and their dependents 
who are enrolled in TRICARE Prime and who reside in the 
demonstration project service area shall be offered the oppor-
tunity to enroll in the demonstration project. 
(3) GEOGRAPHIC COVERAGE OF DEMONSTRATION PROJECT.— 
The demonstration project shall be conducted in at least three 
geographic areas within the United States where TRICARE 
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122 STAT. 4502 
PUBLIC LAW 110–417—OCT. 14, 2008 
Prime is offered, as determined by the Secretary. The area 
covered by the project shall be referred to as the demonstration 
project service area. 
(4) PROGRAMS.—The Secretary shall develop programs to 
assist enrollees to improve healthy behaviors, as identified by 
the wellness assessment. 
(5) INCLUSION OF INCENTIVES REQUIRED.—For the purpose 
of conducting the demonstration project, the Secretary may 
offer monetary and non-monetary incentives to enrollees to 
encourage participation in the demonstration project. 
(c) EVALUATION OF DEMONSTRATION PROJECT.—The Secretary 
shall annually evaluate the demonstration project for the following: 
(1) The extent to which the health risk assessment and 
the physiological and biometric measures of beneficiaries are 
improved from the baseline (as determined in the wellness 
assessment). 
(2) In the case of baseline health risk assessments and 
physiological and biometric measures that reflect healthy 
behaviors, the extent to which the measures are maintained. 
(d) IMPLEMENTATION PLAN.—The Secretary of Defense shall 
submit a plan to implement the health risk management demonstra-
tion project required by this section not later than 90 days after 
the date of the enactment of this Act. 
(e) DURATION OF PROJECT.—The health risk management dem-
onstration project shall be implemented for a period of three years, 
beginning not later than March 1, 2009, and ending three years 
after that date. 
(f) REPORT.— 
(1) IN GENERAL.—The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the 
House of Representatives an annual report on the effectiveness 
of the health risk management demonstration project in 
improving the health risk measures of military health system 
beneficiaries enrolled in the demonstration project. The first 
report shall be submitted not later than one year after the 
date of the enactment of this Act, and subsequent reports 
shall be submitted for each year of the demonstration project 
with the final report being submitted not later than 90 days 
after the termination of the demonstration project. 
(2) MATTERS COVERED.—Each report shall address, at a 
minimum, the following: 
(A) The number of beneficiaries who were enrolled 
in the project. 
(B) The number of enrolled beneficiaries who partici-
pate in the project. 
(C) The incentives to encourage healthy behaviors that 
were provided to the beneficiaries in each beneficiary cat-
egory, and the extent to which the incentives encouraged 
healthy behaviors. 
(D) An assessment of the effectiveness of the dem-
onstration project. 
(E) Recommendations for adjustments to the dem-
onstration project. 
(F) The estimated costs avoided as a result of decreased 
health risk conditions on the part of each of the beneficiary 
categories. 
Deadline. 
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122 STAT. 4503 
PUBLIC LAW 110–417—OCT. 14, 2008 
(G) Recommendations for extending the demonstration 
project or implementing a permanent wellness assessment 
program. 
(H) Identification of legislative authorities required to 
implement a permanent program. 
SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE. 
(a) TRICARE SMOKING CESSATION PROGRAM.—Not later than 
180 days after the date of the enactment of this Act, the Secretary 
of Defense shall establish a smoking cessation program under the 
TRICARE program, to be made available to all beneficiaries under 
the TRICARE program, subject to subsection (b). The Secretary 
may prescribe such regulations as may be necessary to implement 
the program. 
(b) EXCLUSION FOR MEDICARE-ELIGIBLE BENEFICIARIES.—The 
smoking cessation program shall not be made available to medicare- 
eligible beneficiaries. 
(c) ELEMENTS.—The program shall include, at a minimum, the 
following elements: 
(1) The availability, at no cost to the beneficiary, of pharma-
ceuticals used for smoking cessation, with a limitation on the 
availability of such pharmaceuticals to the national mail-order 
pharmacy program under the TRICARE program if appropriate. 
(2) Counseling. 
(3) Access to a toll-free quit line that is available 24 hours 
a day, 7 days a week. 
(4) Access to printed and Internet web-based tobacco ces-
sation material. 
(d) CHAIN
OF COMMAND INVOLVEMENT.—In establishing the 
program, the Secretary of Defense shall provide for involvement 
by officers in the chain of command of participants in the program 
who are on active duty. 
(e) PLAN.—Not later than 90 days after the date of the enact-
ment of this Act, the Secretary shall submit to the congressional 
defense committees a plan to implement the program. 
(f) REFUND OF COPAYMENTS.— 
(1) AUTHORITY.—Under regulations prescribed by the Sec-
retary of Defense, the Secretary may pay a refund to a medi-
care-eligible beneficiary otherwise excluded by this section, sub-
ject to the availability of appropriations specifically for such 
refunds, consisting of an amount up to the difference between— 
(A) the amount the beneficiary pays for copayments 
for smoking cessation services described in subsection (c) 
during fiscal year 2009; and 
(B) the amount the beneficiary would have paid during 
such fiscal year if the beneficiary had not been excluded 
under subsection (b) from the smoking cessation program 
under subsection (a). 
(2) COPAYMENTS COVERED.—The refunds under paragraph 
(1) are available only for copayments paid by medicare-eligible 
beneficiaries during fiscal year 2009. 
(g) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report covering the following: 
(1) The status of the program. 
(2) The number of participants in the program. 
(3) The cost of the program. 
Regulations. 
Deadline. 
Deadline. 
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122 STAT. 4504 
PUBLIC LAW 110–417—OCT. 14, 2008 
(4) The costs avoided that are attributed to the program. 
(5) The success rates of the program compared to other 
nationally recognized smoking cessation programs. 
(6) Findings regarding the success rate of participants in 
the program. 
(7) Recommendations to modify the policies and procedures 
of the program. 
(8) Recommendations concerning the future utility of the 
program. 
(h) DEFINITIONS.—In this section: 
(1) TRICARE PROGRAM.—The term ‘‘TRICARE program’’ 
has the meaning provided by section 1072(7) of title 10, United 
States Code. 
(2) MEDICARE-ELIGIBLE.—The term ‘‘medicare-eligible’’ has 
the meaning provided by section 1111(b) of title 10, United 
States Code. 
SEC. 714. PREVENTIVE HEALTH ALLOWANCE. 
(a) ALLOWANCE.—Chapter 7 of title 37, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 438. Preventive health services allowance 
‘‘(a) DEMONSTRATION PROJECT.—During the period beginning 
on January 1, 2009, and ending on December 31, 2011, the Secretary 
of Defense shall conduct a demonstration project designed to 
evaluate the efficacy of providing an annual allowance (to be known 
as a ‘preventive health services allowance’) to members of the 
armed forces described in subsection (b) to increase the use of 
preventive health services by such members and their dependents. 
‘‘(b) ELIGIBLE MEMBERS.—(1) Subject to the numerical limita-
tions specified in paragraph (2), a member of the armed forces 
who is serving on active duty for a period of more than 30 days 
and meets the medical and dental readiness requirements for the 
armed force of the member may receive a preventive health services 
allowance. 
‘‘(2) Not more than 1,500 members of each of the Army, Navy, 
Air Force, and Marine Corps may receive a preventive health serv-
ices allowance during any year, of which half in each armed force 
shall be members without dependents and half shall be members 
with dependents. 
‘‘(c) AMOUNT OF ALLOWANCE.—The Secretary of the military 
department concerned shall pay a preventive health services allow-
ance to a member selected to receive the allowance in an amount 
equal to— 
‘‘(1) $500 per year, in the case of a member without depend-
ents; and 
‘‘(2) $1,000 per year, in the case of a member with depend-
ents. 
‘‘(d) AUTHORIZED PREVENTIVE HEALTH SERVICES.—(1) The Sec-
retary of Defense shall specify the types of preventive health serv-
ices that may be procured using a preventive health services allow-
ance and the frequency at which such services may be procured. 
‘‘(2) At a minimum, authorized preventive health services shall 
include, taking into consideration the age and gender of the member 
and dependents of the member: 
‘‘(A) Colorectal screening. 
‘‘(B) Breast screening. 
Time period. 
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122 STAT. 4505 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(C) Cervical screening. 
‘‘(D) Prostate screening. 
‘‘(E) Annual physical exam. 
‘‘(F) Annual dental exam. 
‘‘(G) Weight and body mass screening. 
‘‘(H) Vaccinations. 
‘‘(3) The Secretary of Defense shall ensure that members 
selected to receive the preventive health services allowance and 
their dependents are provided a reasonable opportunity to receive 
the services authorized under this subsection in their local area. 
‘‘(e) DATA COLLECTION.—At a minimum, the Secretary of 
Defense shall monitor and record the health of members receiving 
a preventive health services allowance and their dependents and 
the results of the testing required to qualify for payment of the 
allowance, if conducted. The Secretary shall assess the medical 
utility of the testing required to qualify for payment of a preventive 
health allowance. 
‘‘(f) REPORTING REQUIREMENT.—Not later than March 31, 2010, 
and March 31, 2012, the Secretary of Defense shall submit to 
Congress a report on the status of the demonstration project, 
including findings regarding the medical status of participants, 
recommendations to modify the policies and procedures of the pro-
gram, and recommendations concerning the future utility of the 
project. 
‘‘(g) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations to carry out this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘438. Preventive health care allowance.’’. 
SEC. 715. ADDITIONAL AUTHORITY FOR STUDIES AND DEMONSTRA-
TION PROJECTS RELATING TO DELIVERY OF HEALTH AND 
MEDICAL CARE. 
Section 1092(a) of title 10, United States Code, is amended 
by adding at the end the following new paragraphs: 
‘‘(3) The Secretary of Defense may include in the studies and 
demonstration projects conducted under paragraph (1) studies and 
demonstration projects to provide awards and incentives to members 
of the armed forces and covered beneficiaries who obtain health 
promotion and disease prevention health care services under the 
TRICARE program in accordance with terms and schedules pre-
scribed by the Secretary. Such awards and incentives may include 
cash awards and, in the case of members of the armed forces, 
personnel incentives. 
‘‘(4)(A) The Secretary of Defense may, in consultation with 
the other administering Secretaries, include in the studies and 
demonstration projects conducted under paragraph (1) studies and 
demonstration projects to provide awards or incentives to individual 
health care professionals under the authority of such Secretaries, 
including members of the uniformed services, Federal civilian 
employees, and contractor personnel, to encourage and reward effec-
tive implementation of innovative health care programs designed 
to improve quality, cost-effectiveness, health promotion, medical 
readiness, and other priority objectives. Such awards and incentives 
may include cash awards and, in the case of members of the 
armed forces and Federal civilian employees, personnel incentives. 
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122 STAT. 4506 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(B) Amounts available for the pay of members of the uniformed 
services shall be available for awards and incentives under this 
paragraph with respect to members of the uniformed services. 
‘‘(5) The Secretary of Defense may include in the studies and 
demonstration projects conducted under paragraph (1) studies and 
demonstration projects to improve the medical and dental readiness 
of members of reserve components of the armed forces, including 
the provision of health care services to such members for which 
they are not otherwise entitled or eligible under this chapter. 
‘‘(6) The Secretary of Defense may include in the studies and 
demonstration projects conducted under paragraph (1) studies and 
demonstration projects to improve the continuity of health care 
services for family members of mobilized members of the reserve 
components of the armed forces who are eligible for such services 
under this chapter, including payment of a stipend for continuation 
of employer-provided health coverage during extended periods of 
active duty.’’. 
Subtitle C—Wounded Warrior Matters 
SEC. 721. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITI-
GATION, TREATMENT, AND REHABILITATION OF HEARING 
LOSS AND AUDITORY SYSTEM INJURIES. 
(a) IN GENERAL.—The Secretary of Defense shall establish 
within the Department of Defense a center of excellence in the 
prevention, diagnosis, mitigation, treatment, and rehabilitation of 
hearing loss and auditory system injury to carry out the responsibil-
ities specified in subsection (c). 
(b) PARTNERSHIPS.—The Secretary shall ensure that the center 
collaborates to the maximum extent practicable with the Secretary 
of Veterans Affairs, institutions of higher education, and other 
appropriate public and private entities (including international enti-
ties) to carry out the responsibilities specified in subsection (c). 
(c) RESPONSIBILITIES.— 
(1) IN GENERAL.—The center shall— 
(A) implement a comprehensive plan and strategy for 
the Department of Defense, as developed by the Secretary 
of Defense, for a registry of information for the tracking 
of the diagnosis, surgical intervention or other operative 
procedure, other treatment, and follow up for each case 
of hearing loss and auditory system injury incurred by 
a member of the Armed Forces while serving on active 
duty; 
(B) ensure the electronic exchange with the Secretary 
of Veterans Affairs of information obtained through 
tracking under subparagraph (A); and 
(C) enable the Secretary of Veterans Affairs to access 
the registry and add information pertaining to additional 
treatments or surgical procedures and eventual hearing 
outcomes for veterans who were entered into the registry 
and subsequently received treatment through the Veterans 
Health Administration. 
(2) DESIGNATION
OF
REGISTRY.—The registry under this 
subsection shall be known as the ‘‘Hearing Loss and Auditory 
System Injury Registry’’ (hereinafter referred to as the ‘‘Reg-
istry’’). 
Establishment. 
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122 STAT. 4507 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) CONSULTATION
IN
DEVELOPMENT.—The center shall 
develop the Registry in consultation with audiologists, speech 
and language pathologists, otolaryngologists, and other spe-
cialist personnel of the Department of Defense and the audiol-
ogists, speech and language pathologists, otolaryngologists, and 
other specialist personnel of the Department of Veterans 
Affairs. The mechanisms and procedures of the Registry shall 
reflect applicable expert research on military and other hearing 
loss. 
(4) MECHANISMS.—The mechanisms of the Registry for 
tracking under paragraph (1)(A) shall ensure that each military 
medical treatment facility or other medical facility shall submit 
to the center for inclusion in the Registry information on the 
diagnosis, surgical intervention or other operative procedure, 
other treatment, and follow up for each case of hearing loss 
and auditory system injury described in that paragraph as 
follows (to the extent applicable): 
(A) Not later than 30 days after surgery or other opera-
tive intervention, including a surgery or other operative 
intervention carried out as a result of a follow-up examina-
tion. 
(B) Not later than 180 days after the hearing loss 
and auditory system injury is reported or recorded in the 
medical record. 
(5) COORDINATION OF CARE AND BENEFITS.—(A) The center 
shall provide notice to the National Center for Rehabilitative 
Auditory Research (NCRAR) of the Department of Veterans 
Affairs and to the auditory system impairment services of the 
Veterans Health Administration on each member of the Armed 
Forces described in subparagraph (B) for purposes of ensuring 
the coordination of the provision of ongoing auditory system 
rehabilitation benefits and services by the Department of Vet-
erans Affairs after the separation or release of such member 
from the Armed Forces. 
(B) A member of the Armed Forces described in this 
subparagraph is a member of the Armed Forces with significant 
hearing loss or auditory system injury incurred while serving 
on active duty, including a member with auditory dysfunction 
related to traumatic brain injury. 
(d) UTILIZATION OF REGISTRY INFORMATION.—The Secretary of 
Defense and the Secretary of Veterans Affairs shall jointly ensure 
that information in the Registry is available to appropriate audiol-
ogists, speech and language pathologists, otolaryngologists, and 
other specialist personnel of the Department of Defense and the 
Department of Veterans Affairs for purposes of encouraging and 
facilitating the conduct of research, and the development of best 
practices and clinical education, on hearing loss or auditory system 
injury incurred by members of the Armed Forces. 
(e) INCLUSION OF RECORDS OF OIF/OEF VETERANS.—The Sec-
retary of Defense shall take appropriate actions to include in the 
Registry such records of members of the Armed Forces who incurred 
a hearing loss or auditory system injury while serving on active 
duty on or after September 11, 2001, but before the establishment 
of the Registry, as the Secretary considers appropriate for purposes 
of the Registry. 
Notice. 
Deadlines. 
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122 STAT. 4508 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 722. CLARIFICATION TO CENTER OF EXCELLENCE RELATING TO 
MILITARY EYE INJURIES. 
Section 1623(d) of Public Law 110–181 is amended by striking 
‘‘in combat’’ at the end. 
SEC. 723. CENTER OF EXCELLENCE IN THE MITIGATION, TREATMENT, 
AND 
REHABILITATION 
OF 
TRAUMATIC 
EXTREMITY 
INJURIES AND AMPUTATIONS. 
(a) IN GENERAL.—The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly establish a center of excellence 
in the mitigation, treatment, and rehabilitation of traumatic 
extremity injuries and amputations. 
(b) PARTNERSHIPS.—The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly ensure that the center collaborates 
with the Department of Defense, the Department of Veterans 
Affairs, institutions of higher education, and other appropriate 
public and private entities (including international entities) to carry 
out the responsibilities specified in subsection (c). 
(c) RESPONSIBILITIES.—The center shall have the responsibil-
ities as follows: 
(1) To implement a comprehensive plan and strategy for 
the Department of Defense and the Department of Veterans 
Affairs for the mitigation, treatment, and rehabilitation of trau-
matic extremity injuries and amputations. 
(2) To conduct research to develop scientific information 
aimed at saving injured extremities, avoiding amputations, and 
preserving and restoring the function of injured extremities. 
Such research shall address military medical needs and include 
the full range of scientific inquiry encompassing basic, 
translational, and clinical research. 
(3) To carry out such other activities to improve and 
enhance the efforts of the Department of Defense and the 
Department of Veterans Affairs for the mitigation, treatment, 
and rehabilitation of traumatic extremity injuries and amputa-
tions as the Secretary of Defense and the Secretary of Veterans 
Affairs consider appropriate. 
(d) REPORTS.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter, the 
Secretary of Defense and the Secretary of Veterans Affairs 
shall jointly submit to Congress a report on the activities of 
the center. 
(2) ELEMENTS.—Each report under this subsection shall 
include the following: 
(A) In the case of the first report under this subsection, 
a description of the implementation of the requirements 
of this Act. 
(B) A description and assessment of the activities of 
the center during the one-year period ending on the date 
of such report, including an assessment of the role of such 
activities in improving and enhancing the efforts of the 
Department of Defense and the Department of Veterans 
Affairs for the mitigation, treatment, and rehabilitation 
of traumatic extremity injuries and amputations. 
Establishment. 
Ante, p. 455. 
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122 STAT. 4509 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 724. ADDITIONAL RESPONSIBILITIES FOR THE WOUNDED WAR-
RIOR RESOURCE CENTER. 
Section 1616(a) of the Wounded Warrior Act (title XVI of Public 
Law 110–181; 122 Stat. 447; 10 U.S.C. 1071 note) is amended 
in the first sentence by inserting ‘‘receiving legal assistance referral 
information (where appropriate), receiving other appropriate 
referral information,’’ after ‘‘receiving benefits information,’’. 
SEC. 725. SENSE OF CONGRESS ON RESEARCH ON TRAUMATIC BRAIN 
INJURY. 
It is the sense of Congress that the requirement under section 
1621(c)(7) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 453; 10 U.S.C. 1071 
note) to conduct basic science and translational research on trau-
matic brain injury includes pilot programs designed to test the 
efficacy of clinical approaches, including the use of pharmacological 
agents. Congress urges continued studies of the efficacy of pharma-
cological agents for treatment of traumatic brain injury and sup-
ports continued joint research with the National Institutes of Health 
in this area. 
SEC. 726. EXTENSION OF SENIOR OVERSIGHT COMMITTEE WITH 
RESPECT TO WOUNDED WARRIOR MATTERS. 
(a) IN GENERAL.—The Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly take such actions as are appro-
priate, including the allocation of appropriate personnel, funding, 
and other resources, to continue the operations of the Senior Over-
sight Committee until December 31, 2009. 
(b) REPORT ON FURTHER EXTENSION OF COMMITTEE.—Not later 
than August 31, 2009, the Secretary of Defense and the Secretary 
of Veterans Affairs shall jointly submit to Congress a report setting 
forth the joint recommendation of the Secretaries as to the advis-
ability of continuing the operations of the Senior Oversight Com-
mittee after December 31, 2009. If the Secretaries recommend that 
continuing the operations of the Senior Oversight Committee after 
December 31, 2009, is advisable, the report may include such rec-
ommendations for the modification of the responsibilities, composi-
tion, or support of the Senior Oversight Committee as the Secre-
taries jointly consider appropriate. 
(c) SENIOR OVERSIGHT COMMITTEE DEFINED.—In this section, 
the term ‘‘Senior Oversight Committee’’ means the Senior Oversight 
Committee jointly established by the Secretary of Defense and 
the Secretary of Veterans Affairs in May 2007. The Senior Oversight 
Committee was established to address concerns related to the treat-
ment of wounded, ill, and injured members of the Armed Forces 
and veterans and serves as the single point of contact for oversight, 
strategy, and integration of proposed strategies for the efforts of 
the Department of Defense and the Department of Veterans Affairs 
to improve support throughout the recovery, rehabilitation, and 
reintegration of wounded, ill, or injured members of the Armed 
Forces. 
Termination 
date. 
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122 STAT. 4510 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 727. MODIFICATION OF UTILIZATION OF VETERANS’ PRESUMP-
TION OF SOUND CONDITION IN ESTABLISHING ELIGI-
BILITY OF MEMBERS OF THE ARMED FORCES FOR RETIRE-
MENT FOR DISABILITY. 
(a) RETIREMENT OF REGULARS AND MEMBERS ON ACTIVE DUTY 
FOR MORE THAN 30 DAYS.—Section 1201(b)(3)(B)(i) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘the member has six months or more of 
active military service and’’; and 
(2) by striking ‘‘(unless compelling evidence’’ and all that 
follows through ‘‘active duty)’’ and inserting ‘‘(unless clear and 
unmistakable evidence demonstrates that the disability existed 
before the member’s entrance on active duty and was not aggra-
vated by active military service)’’. 
(b) SEPARATION OF REGULARS AND MEMBERS ON ACTIVE DUTY 
FOR MORE THAN 30 DAYS.—Section 1203(b)(4)(B) of such title is 
amended— 
(1) by striking ‘‘the member has six months or more of 
active military service, and’’; and 
(2) by striking ‘‘(unless compelling evidence’’ and all that 
follows through ‘‘active duty)’’ and inserting ‘‘(unless clear and 
unmistakable evidence demonstrates that the disability existed 
before the member’s entrance on active duty and was not aggra-
vated by active military service)’’. 
Subtitle D—Other Matters 
SEC. 731. REPORT ON PROVIDING THE EXTENDED CARE HEALTH 
OPTION 
PROGRAM 
TO 
DEPENDENTS 
OF 
MILITARY 
RETIREES. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on including 
dependents of military retirees in the ECHO program for a limited 
transitional period following retirement. 
(b) CONTENTS
OF REPORT.—The report required under sub-
section (a) shall include the following: 
(1) The most current data on the number of military 
retirees with dependents who are eligible to receive extended 
benefits under the ECHO program and an estimate of the 
number of future military retirees with dependents who are 
eligible to receive such benefits. 
(2) The cost estimates of providing extended benefits under 
the ECHO program to dependents of all current and future 
military retirees. 
(3) The feasibility of including dependents of military 
retirees in any ongoing demonstration or pilot programs within 
the ECHO program. 
(4) The statutory and regulatory impediments to including 
dependents of military retirees in the ECHO program. 
(c) ECHO PROGRAM.—In this section, the term ‘‘ECHO pro-
gram’’ means the Extended Care Health Option program provided 
pursuant to subsections (d), (e), and (f) of section 1079 of title 
10, United States Code. 
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122 STAT. 4511 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 732. INCREASE IN CAP ON EXTENDED BENEFITS UNDER 
EXTENDED HEALTH CARE OPTION (ECHO). 
Section 1079(f) of title 10, United States Code is amended— 
(1) in paragraph (2)(A), by striking ‘‘month shall not exceed 
$2,500,’’ and inserting ‘‘year shall not exceed $36,000, prorated 
as determined by the Secretary of Defense,’’; and 
(2) in paragraph (2)(B), by striking ‘‘month’’ and inserting 
‘‘year.’’. 
SEC. 733. DEPARTMENT OF DEFENSE TASK FORCE ON THE PREVEN-
TION OF SUICIDE BY MEMBERS OF THE ARMED FORCES. 
(a) REQUIREMENT
TO ESTABLISH.—The Secretary of Defense 
shall establish within the Department of Defense a task force 
to examine matters relating to prevention of suicide by members 
of the Armed Forces. 
(b) COMPOSITION.— 
(1) MEMBERS.—The task force shall consist of not more 
than 14 members appointed by the Secretary of Defense from 
among individuals described in paragraph (2) who have dem-
onstrated expertise in the area of suicide prevention and 
response. 
(2) RANGE OF MEMBERS.—The individuals appointed to the 
task force shall include— 
(A) at least one member of each of the Army, Navy, 
Air Force, and Marine Corps; 
(B) a number of persons from outside the Department 
of Defense equal to the total number of personnel from 
within the Department of Defense (whether members of 
the Armed Forces or civilian personnel) who are appointed 
to the task force; 
(C) persons who have experience in— 
(i) national suicide prevention policy; 
(ii) military personnel policy; 
(iii) research in the field of suicide prevention; 
(iv) clinical care in mental health; or 
(v) military chaplaincy or pastoral care; and 
(D) at least one family member of a member of the 
Armed Forces who has experience working with military 
families. 
(3) INDIVIDUALS
APPOINTED
OUTSIDE
DEPARTMENT
OF 
DEFENSE.—Individuals appointed to the task force from outside 
the Department of Defense may include officers or employees 
of other departments or agencies of the Federal Government, 
officers or employees of State and local governments, or individ-
uals from the private sector. 
(4) DEADLINE
FOR
APPOINTMENT.—All appointments of 
individuals to the task force shall be made not later than 
180 days after the date of the enactment of this Act. 
(5) CO-CHAIRS
OF
TASK
FORCE.—There shall be two co- 
chairs of the task force. One of the co-chairs shall be designated 
by the Secretary of the Defense at the time of appointment 
from among the Department of Defense personnel appointed 
to the task force. The other co-chair shall be selected from 
among the members appointed from outside the Department 
of Defense by members so appointed. 
(c) ASSESSMENT AND RECOMMENDATIONS ON SUICIDE PREVEN-
TION POLICY.— 
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122 STAT. 4512 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) IN GENERAL.—Not later than 12 months after the date 
on which all members of the task force have been appointed, 
the task force shall submit to the Secretary a report containing 
recommendations regarding a comprehensive policy designed 
to prevent suicide by members of the Armed Forces. 
(2) UTILIZATION
OF
OTHER
EFFORTS.—In preparing the 
report, the task force shall take into consideration completed 
and ongoing efforts by the military departments to improve 
the efficacy of suicide prevention programs. 
(3) ELEMENTS.—The recommendations (including rec-
ommendations for legislative or administrative action) shall 
include measures to address the following: 
(A) Methods to identify trends and common causal 
factors in suicides by members of the Armed Forces. 
(B) Methods to establish or update suicide education 
and prevention programs conducted by each military 
department based on identified trends and causal factors. 
(C) An assessment of current suicide education and 
prevention programs of each military department. 
(D) An assessment of suicide incidence by military 
occupation to include identification of military occupations 
with a high incidence of suicide. 
(E) The appropriate type and method of investigation 
to determine the causes and factors surrounding each sui-
cide by a member of the Armed Forces. 
(F) The qualifications of the individual appointed to 
conduct an investigation of a suicide by a member of the 
Armed Forces. 
(G) The required information to be determined by an 
investigation in order to determine the causes and factors 
surrounding suicides by members of the Armed Forces. 
(H) The appropriate reporting requirements following 
an investigation conducted on a suicide by a member of 
the Armed Forces. 
(I) The appropriate official or executive agent within 
the military department and Department of Defense to 
receive and analyze reports on investigations of suicides 
by members of the Armed Forces. 
(J) The appropriate use of the information gathered 
during investigations of suicides by members of the Armed 
Forces. 
(K) Methods for protecting confidentiality of informa-
tion contained in reports of investigations of suicides by 
members of the Armed Forces. 
(d) ADMINISTRATIVE MATTERS.— 
(1) COMPENSATION.—Each member of the task force who 
is a member of the Armed Forces or a civilian officer or 
employee of the United States shall serve without compensation 
(other than compensation to which entitled as a member of 
the Armed Forces or an officer or employee of the United 
States, as the case may be). Other members of the task force 
shall be treated for purposes of section 3161 of title 5, United 
States Code, as having been appointed under subsection (b) 
of such section. 
(2) OVERSIGHT.—The Under Secretary of Defense for Per-
sonnel and Readiness shall oversee the activities of the task 
force. 
Deadline. 
Reports. 
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122 STAT. 4513 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) ADMINISTRATIVE
SUPPORT.—The Washington Head-
quarters Services of the Department of Defense shall provide 
the task force with personnel, facilities, and other administra-
tive support as necessary for the performance of the duties 
of the task force. 
(4) ACCESS TO FACILITIES.—The Under Secretary of Defense 
for Personnel and Readiness shall, in coordination with the 
Secretaries of the military departments, ensure appropriate 
access by the task force to military installations and facilities 
for purposes of the discharge of the duties of the task force. 
(e) REPORT.— 
(1) IN GENERAL.—The task force shall submit to the Sec-
retary of Defense a report on its activities under this section. 
The report shall include— 
(A) a description of the activities of the task force; 
(B) the assessment and recommendations required by 
subsection (c); and 
(C) such other matters relating to the activities of 
the task force that the task force considers appropriate. 
(2) TRANSMITTAL TO CONGRESS.—Not later than 90 days 
after receipt of the report under paragraph (1), the Secretary 
shall transmit the report to the Committees on Armed Services 
of the Senate and the House of Representatives. The Secretary 
may include in the transmittal such comments on the report 
as the Secretary considers appropriate. 
(f) PLAN REQUIRED.—Not later than March 1, 2010, the Sec-
retary of Defense shall develop a plan based on the recommenda-
tions of the task force and submit the plan to the congressional 
defense committees. 
(g) TERMINATION.—The task force shall terminate 90 days after 
the date on which the report of the task force is submitted to 
Congress under subsection (e)(2). 
SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF 
THE ARMED FORCES WHO AGREE TO SERVE IN THE 
SELECTED RESERVE OF THE READY RESERVE. 
(a) PROVISION
OF
TRANSITIONAL
HEALTH
CARE.—Section 
1145(a)(2) of title 10, United States Code, is amended by adding 
at the end the following new subparagraph: 
‘‘(F) A member who is separated from active duty who 
agrees to become a member of the Selected Reserve of the 
Ready Reserve of a reserve component.’’. 
(b) EFFECTIVE DATE.—Subparagraph (F) of section 1145(a)(2) 
of title 10, United States Code, as added by subsection (a), shall 
apply with respect to members of the Armed Forces separated 
from active duty after the date of the enactment of this Act. 
SEC. 735. ENHANCEMENT OF MEDICAL AND DENTAL READINESS OF 
MEMBERS OF THE ARMED FORCES. 
(a) EXPANSION OF AVAILABILITY OF MEDICAL AND DENTAL SERV-
ICES FOR RESERVES.— 
(1) EXPANSION OF AVAILABILITY FOR RESERVES ASSIGNED 
TO
UNITS
SCHEDULED
FOR
DEPLOYMENT
WITHIN
75
DAYS
OF 
MOBILIZATION.—Subsection (d)(1) of section 1074a of title 10, 
United States Code, is amended by striking ‘‘The Secretary 
of the Army shall provide to members of the Selected Reserve 
of the Army’’ and inserting ‘‘The Secretary concerned shall 
provide to members of the Selected Reserve’’. 
Deadline. 
Deadline. 
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122 STAT. 4514 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) AVAILABILITY FOR CERTAIN OTHER RESERVES.—Such sec-
tion is further amended by adding at the end the following 
new subsection: 
‘‘(g)(1) The Secretary concerned may provide to any member 
of the Selected Reserve not described in subsection (d)(1) or (f), 
and to any member of the Individual Ready Reserve described 
in section 10144(b) of this title the medical and dental services 
specified in subsection (d)(1) if the Secretary determines that the 
receipt of such services by such member is necessary to ensure 
that the member meets applicable standards of medical and dental 
readiness. 
‘‘(2) Services may not be provided to a member under this 
subsection for a condition that is the result of the member’s own 
misconduct. 
‘‘(3) The services provided under this subsection shall be pro-
vided at no cost to the member.’’. 
(3) FUNDING.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(h) Amounts available for operation and maintenance of a 
reserve component of the armed forces may be available for purposes 
of this section to ensure the medical and dental readiness of mem-
bers of such reserve component.’’. 
(b) WAIVER OF CERTAIN COPAYMENTS FOR DENTAL CARE FOR 
RESERVES FOR READINESS PURPOSES.—Section 1076a(e) of such title 
is amended— 
(1) by redesignating paragraphs (1), (2), and (3) as subpara-
graphs (A), (B), and (C), respectively; 
(2) by striking ‘‘A member or dependent’’ and inserting 
‘‘(1) Except as provided pursuant to paragraph (2), a member 
or dependent’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(2)(A) During a national emergency declared by the President 
or Congress and subject to regulations prescribed by the Secretary 
of Defense, the Secretary may waive, in whole or in part, the 
charges otherwise payable by a member of the Selected Reserve 
of the Ready Reserve or a member of the Individual Ready Reserve 
under paragraph (1) for the coverage of the member alone under 
the dental insurance plan established under subsection (a)(1) if 
the Secretary determines that such waiver of the charges would 
facilitate or ensure the readiness of a unit or individual for deploy-
ment. 
‘‘(B) The waiver under subparagraph (A) may apply only with 
respect to charges for coverage of dental care required for readi-
ness.’’. 
(c) REPORT ON POLICIES AND PROCEDURES IN SUPPORT OF MED-
ICAL AND DENTAL READINESS.— 
(1) IN GENERAL.—Not later than March 1, 2009, the Sec-
retary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report on the policies and procedures of the Department of 
Defense to ensure the medical and dental readiness of members 
of the Armed Forces. 
(2) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A description of the current standards of each 
military department with respect to the medical and dental 
readiness of individual members of the Armed Forces 
Regulations. 
Waiver authority. 
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122 STAT. 4515 
PUBLIC LAW 110–417—OCT. 14, 2008 
(including members of the regular components and mem-
bers of the reserve components), and with respect to the 
medical and dental readiness of units of the Armed Forces 
(including units of the regular components and units of 
the reserve components), under the jurisdiction of such 
military department. 
(B) A description of the manner in which each military 
department applies the standards described under subpara-
graph (A) with respect to each of the following: 
(i) Performance evaluation. 
(ii) Promotion. 
(iii) In the case of the members of the reserve 
components, eligibility to attend annual training. 
(iv) Continued retention in the Armed Forces. 
(v) Such other matters as the Secretary considers 
appropriate. 
(C) A statement of the number of members of the 
Armed Forces (including members of the regular compo-
nents and members of the reserve components) who were 
determined to be not ready for deployment at any time 
during the period beginning on October 1, 2001, and ending 
on September 30, 2008, due to failure to meet applicable 
medical or dental standards, and an assessment of whether 
the unreadiness of such members for deployment could 
reasonably have been mitigated by actions of the members 
concerned to maintain individual medical or dental readi-
ness. 
(D) A description of any actual or perceived barriers 
to the achievement of full medical and dental readiness 
in the Armed Forces (including among the regular compo-
nents and the reserve components), including barriers asso-
ciated with the following: 
(i) Quality or cost of, or access to, medical and 
dental care. 
(ii) 
Availability 
of 
programs 
and 
incentives 
intended to prevent medical or dental problems. 
(E) Such recommendations for legislative or adminis-
trative action as the Secretary considers appropriate to 
ensure the medical and dental readiness of individual mem-
bers of the Armed Forces and units of the Armed Forces, 
including recommendations regarding the following: 
(i) The advisability of requiring that fitness reports 
of members of the Armed Forces include— 
(I) a statement of whether or not a member 
meets medical and dental readiness standards for 
deployment; and 
(II) in cases in which a member does not meet 
such standard, a statement of actions being taken 
to ensure that the member meets such standards 
and the anticipated schedule for meeting such 
standards. 
(ii) The advisability of establishing a mandatory 
promotion standard relating to individual medical and 
dental readiness and, in the case of a unit commander, 
unit medical and dental readiness. 
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122 STAT. 4516 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801.
Assessment of urgent operational needs fulfillment. 
Sec. 802. Implementation of statutory requirements regarding the national tech-
nology and industrial base. 
Sec. 803. Commercial software reuse preference. 
Sec. 804. Internal controls for procurements on behalf of the Department of De-
fense by certain non-defense agencies. 
Subtitle B—Provisions Relating to Major Defense Acquisition Programs 
Sec. 811. Inclusion of major subprograms to major defense acquisition programs 
under acquisition reporting requirements. 
Sec. 812. Inclusion of certain major information technology investments in acquisi-
tion oversight authorities for major automated information system pro-
grams. 
Sec. 813. Transfer of sections of title 10 relating to Milestone A and Milestone B 
for clarity. 
Sec. 814. Configuration steering boards for cost control under major defense acqui-
sition programs. 
Sec. 815. Preservation of tooling for major defense acquisition programs. 
Subtitle C—Amendments to General Contracting Authorities, Procedures, and 
Limitations 
Sec. 821. Definition of system for Defense Acquisition Challenge Program. 
Sec. 822. Technical data rights. 
Sec. 823. Revision to the application of Cost Accounting Standards. 
Sec. 824. Modification and extension of pilot program for transition to follow-on 
contracts under authority to carry out certain prototype projects. 
Sec. 825. Clarification of status of Government rights in the designs of Department 
of Defense vessels, boats, craft, and components thereof. 
Subtitle D—Provisions Relating to Acquisition Workforce and Inherently 
Governmental Functions 
Sec. 831. Development of guidance on personal services contracts. 
Sec. 832. Sense of Congress on performance by private security contractors of cer-
tain functions in an area of combat operations. 
Sec. 833. Acquisition workforce expedited hiring authority. 
Sec. 834. Career path and other requirements for military personnel in the acquisi-
tion field. 
Subtitle E—Department of Defense Contractor Matters 
Sec. 841. Ethics safeguards related to contractor conflicts of interest. 
Sec. 842. Information for Department of Defense contractor employees on their 
whistleblower rights. 
Sec. 843. Requirement for Department of Defense to adopt an acquisition strategy 
for Defense Base Act insurance. 
Sec. 844. Report on use of off-shore subsidiaries by defense contractors. 
Sec. 845. Defense industrial security. 
Subtitle F—Matters Relating to Iraq and Afghanistan 
Sec. 851. Clarification and modification of authorities relating to the Commission 
on Wartime Contracting in Iraq and Afghanistan. 
Sec. 852. Comprehensive audit of spare parts purchases and depot overhaul and 
maintenance of equipment for operations in Iraq and Afghanistan. 
Sec. 853. Additional matters required to be reported by contractors performing se-
curity functions in areas of combat operations. 
Sec. 854. Additional contractor requirements and responsibilities relating to alleged 
crimes by or against contractor personnel in Iraq and Afghanistan. 
Sec. 855. Suspension of statutes of limitations when Congress authorizes the use 
of military force. 
Subtitle G—Governmentwide Acquisition Improvements 
Sec. 861. Short title. 
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122 STAT. 4517 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 862. Limitation on length of certain noncompetitive contracts. 
Sec. 863. Requirements for purchase of property and services pursuant to multiple 
award contracts. 
Sec. 864. Regulations on the use of cost-reimbursement contracts. 
Sec. 865. Preventing abuse of interagency contracts. 
Sec. 866. Limitations on tiering of subcontractors. 
Sec. 867. Linking of award and incentive fees to acquisition outcomes. 
Sec. 868. Minimizing abuse of commercial services item authority. 
Sec. 869. Acquisition workforce development strategic plan. 
Sec. 870. Contingency Contracting Corps. 
Sec. 871. Access of Government Accountability Office to contractor employees. 
Sec. 872. Database for Federal agency contract and grant officers and suspension 
and debarment officials. 
Sec. 873. Role of Interagency Committee on Debarment and Suspension. 
Sec. 874. Improvements to the Federal procurement data system. 
Subtitle H—Other Matters 
Sec. 881. Expansion of authority to retain fees from licensing of intellectual prop-
erty. 
Sec. 882. Report on market research. 
Sec. 883. Report relating to munitions. 
Sec. 884. Motor carrier fuel surcharges. 
Sec. 885. Procurement by State and local governments of equipment for homeland 
security and emergency response activities through the Department of 
Defense. 
Sec. 886. Review of impact of covered subsidies on acquisition of KC-45 aircraft. 
Sec. 887. Report on the implementation of earned value management at the De-
partment of Defense. 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. ASSESSMENT OF URGENT OPERATIONAL NEEDS FULFILL-
MENT. 
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall 
commission a study and report by an independent commission or 
a federally funded research and development center to assess the 
effectiveness of the processes used by the Department of Defense 
for the generation of urgent operational need requirements, and 
the acquisition processes used to fulfill such requirements. Such 
assessment shall include the following: 
(1) A description and evaluation of the effectiveness of 
the 
procedures 
used 
to 
generate, 
validate, 
and 
fulfill 
warfighting requirements through the urgent operational need 
and joint urgent operational need processes, including— 
(A) the extent to which joint and urgent operational 
need statements are used to document required capability 
gaps or are used to request specific acquisition outcomes, 
such as specific systems or equipment; 
(B) the effectiveness of the processes used by each 
of the military departments and the various elements of 
the Department of Defense to prioritize and fulfill joint 
and urgent operational needs, including the rapid acquisi-
tion processes of the military departments, as well as the 
joint improvised explosive device defeat organization and 
the joint rapid acquisition cell; and 
(C) the timeliness and responsiveness of the processes 
used by the military departments and the various elements 
of the Department of Defense to review and validate urgent 
operational needs statements and joint urgent operational 
needs statements. 
Study. 
Reports. 
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122 STAT. 4518 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) An evaluation of the extent to which joint urgent oper-
ational need statements are used to avoid using service-specific 
urgent operational need and acquisition processes or to docu-
ment non-urgent capability gaps. 
(3) An evaluation of the extent to which joint acquisition 
entities maintain oversight, once a military department or 
defense agency has been designated as responsible for execution 
and fielding of a capability in response to a joint urgent oper-
ational need statement, including oversight of— 
(A) the responsiveness of the military department or 
agency in execution; 
(B) the field performance of the capability delivered 
in response to the joint urgent operational need statement; 
and 
(C) the concurrent development of a long term acquisi-
tion and sustainment strategy. 
(8) Recommendations regarding— 
(A) best practices and process improvements to ensure 
that urgent operational needs statements and joint urgent 
operational needs statements are presented to appropriate 
authorities for review and validation not later than 60 
days after the documents are submitted; 
(B) common definitions and standards for urgent oper-
ational needs statements and joint urgent operational need 
statements; 
(C) best practices and process improvements for the 
creation, evaluation, prioritization, and fulfillment of 
urgent operational need statements and joint urgent oper-
ational need statements; and 
(D) the extent to which rapid acquisition processes 
should be consolidated or expanded. 
(b) SUBMISSION TO CONGRESS.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees the report 
resulting from the study conducted pursuant to subsection (a). 
SEC. 
802. 
IMPLEMENTATION 
OF 
STATUTORY 
REQUIREMENTS 
REGARDING THE NATIONAL TECHNOLOGY AND INDUS-
TRIAL BASE. 
(a) GUIDANCE REQUIRED.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
issue guidance regarding— 
(1) the appropriate application of the authority in sections 
2304(b) and 2304(c)(3)(A) of title 10, United States Code, in 
connection with major defense acquisition programs; and 
(2) the appropriate timing and performance of the require-
ment in section 2440 of title 10, United States Code, to consider 
the national technology and industrial base in the development 
and implementation of acquisition plans for each major defense 
acquisition program. 
(b) DEFINITIONS.—In this section; 
(1) MAJOR
DEFENSE
ACQUISITION
PROGRAM.—The term 
‘‘major defense acquisition program’’ has the meaning provided 
in section 2430 of title 10, United States Code. 
(2) NATIONAL
TECHNOLOGY
AND
INDUSTRIAL
BASE.—The 
term ‘‘national technology and industrial base’’ has the meaning 
provided in section 2500(1) of title 10, United States Code. 
Deadline. 
Deadline. 
Reports. 
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122 STAT. 4519 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 803. COMMERCIAL SOFTWARE REUSE PREFERENCE. 
(a) IN GENERAL.—The Secretary of Defense shall ensure that 
contracting officials identify and evaluate, at all stages of the 
acquisition process (including concept refinement, concept decision, 
and technology development), opportunities for the use of commer-
cial computer software and other non-developmental software. 
(b) REPORT.—Not later than 270 days after the date of enact-
ment of this Act, the Secretary shall submit to the congressional 
defense committees a report on actions taken to implement sub-
section (a), including a description of any relevant regulations and 
policy guidance. 
SEC. 804. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF 
THE 
DEPARTMENT 
OF 
DEFENSE 
BY 
CERTAIN 
NON- 
DEFENSE AGENCIES. 
(a) INCLUSION
OF ADDITIONAL NON-DEFENSE AGENCIES
IN 
REVIEW.—The covered non-defense agencies specified in subsection 
(c) of this section shall be considered covered non-defense agencies 
as defined in subsection (i) of section 817 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2326) for purposes of such section. 
(b) DEADLINES
AND
APPLICABILITY
FOR
ADDITIONAL
NON- 
DEFENSE AGENCIES.—For each covered non-defense agency specified 
in subsection (c) of this section, section 817 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2326) shall apply to such agency as follows: 
(1) The review and determination required by subsection 
(a)(1) of such section shall be completed by not later than 
March 15, 2009. 
(2) The review and determination required by subsection 
(a)(2) of such section, if necessary, shall be completed by not 
later than June 15, 2010, and such review and determination 
shall be a review and determination of such agency’s procure-
ment of property and services on behalf of the Department 
of Defense in fiscal year 2009. 
(3) The memorandum of understanding required by sub-
section (c)(1) of such section shall be entered into by not later 
than 60 days after the date of the enactment of this Act. 
(4) The limitation specified in subsection (d)(1) of such 
section shall apply after March 15, 2009, and before June 
16, 2010. 
(5) The limitation specified in subsection (d)(2) of such 
section shall apply after June 15, 2010. 
(6) The limitation required by subsection (d)(3) of such 
section shall commence, if necessary, on the date that is 60 
days after the date of the enactment of this Act. 
(c) DEFINITION OF COVERED NON-DEFENSE AGENCY.—In this 
section, the term ‘‘covered non-defense agency’’ means each of the 
following: 
(1) The Department of Commerce. 
(2) The Department of Energy. 
(d) MODIFICATION
OF CERTAIN ADDITIONAL AUTHORITIES
ON 
INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF DOD.— 
Section 801 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 202; 10 U.S.C. 2304 
note) is amended— 
(1) in subsection (a)(2)— 
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122 STAT. 4520 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) in subparagraph (B), by striking ‘‘each of the 
Department of the Treasury, the Department of the 
Interior, and the National Aeronautics and Space Adminis-
tration’’ and inserting ‘‘the Department of the Interior’’; 
and 
(B) by adding at the end the following new subpara-
graph: 
‘‘(D) In the case of each of the Department of Commerce 
and the Department of Energy, by not later than March 
15, 2015.’’; and 
(2) in subsection (f)(2)— 
(A) by striking subparagraphs (B) and (D); 
(B) by redesignating subparagraphs (C), (E), and (F) 
as subparagraphs (B), (C), and (D), respectively; and 
(C) by adding at the end the following new subpara-
graphs: 
‘‘(E) The Department of Commerce. 
‘‘(F) The Department of Energy.’’. 
Subtitle B—Provisions Relating to Major 
Defense Acquisition Programs 
SEC. 811. INCLUSION OF MAJOR SUBPROGRAMS TO MAJOR DEFENSE 
ACQUISITION 
PROGRAMS 
UNDER 
ACQUISITION 
REPORTING REQUIREMENTS. 
(a) AUTHORITY TO DESIGNATE MAJOR SUBPROGRAMS AS SUBJECT 
TO ACQUISITION REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—Chapter 144 of title 10, United States 
Code, is amended by inserting after section 2430 the following 
new section: 
‘‘§ 2430a. Major subprograms 
‘‘(a) AUTHORITY TO DESIGNATE MAJOR SUBPROGRAMS AS SUB-
JECT TO ACQUISITION REPORTING REQUIREMENTS.—(1) If the Sec-
retary of Defense determines that a major defense acquisition pro-
gram requires the delivery of two or more categories of end items 
which differ significantly from each other in form and function, 
the Secretary may designate each such category of end items as 
a major subprogram for the purposes of acquisition reporting under 
this chapter. 
‘‘(2) The Secretary shall notify the congressional defense 
committees in writing of any proposed designation pursuant to 
paragraph (1) not less than 30 days before the date such designation 
takes effect. 
‘‘(b) REPORTING REQUIREMENTS.—If the Secretary designates 
a major subprogram of a major defense acquisition program in 
accordance with subsection (a), Selected Acquisition Reports, unit 
cost reports, and program baselines under this chapter shall reflect 
cost, schedule, and performance information— 
‘‘(1) for the major defense acquisition program as a whole; 
and 
‘‘(2) for each major subprogram of the major defense 
acquisition program so designated. 
‘‘(c) REQUIREMENT TO COVER ENTIRE MAJOR DEFENSE ACQUISI-
TION PROGRAM.—If a subprogram of a major defense acquisition 
program is designated as a major subprogram under subsection 
Notification. 
Deadline. 
Deadline. 
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122 STAT. 4521 
PUBLIC LAW 110–417—OCT. 14, 2008 
(a), all other elements of the major defense acquisition program 
shall be appropriately organized into one or more subprograms 
under the major defense acquisition program, each of which subpro-
grams, as so organized, shall be treated as a major subprogram 
under subsection (a). 
‘‘(d) DEFINITIONS.—Notwithstanding paragraphs (1) and (2) of 
section 2432(a) of this title, in the case of a major defense acquisition 
program for which the Secretary has designated one or more major 
subprograms under this section for the purposes of this chapter— 
‘‘(1) the term ‘program acquisition unit cost’ applies at 
the level of the subprogram and means the total cost for the 
development and procurement of, and specific military construc-
tion for, the major defense acquisition program that is reason-
ably allocable to each such major subprogram, divided by the 
relevant number of fully-configured end items to be produced 
under such major subprogram; 
‘‘(2) the term ‘procurement unit cost’ applies at the level 
of the subprogram and means the total of all funds programmed 
to be available for obligation for procurement for each such 
major subprogram, divided by the number of fully-configured 
end items to be procured under such major subprogram; 
‘‘(3) the term ‘major contract’, with respect to a designated 
major subprogram, means each of the six largest prime, asso-
ciate, or Government furnished equipment contracts under the 
subprogram that is in excess of $40,000,000 and that is not 
a firm-fixed price contract; and 
‘‘(4) the term ‘life cycle cost’, with respect to a designated 
major subprogram, means all costs of development, procure-
ment, military construction, and operations and support, with-
out regard to funding source or management control.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 144 of such title is amended by inserting 
after the item relating to section 2430 the following new item: 
‘‘2430a. Major subprograms.’’. 
(b) CONFORMING AMENDMENTS TO SECTION 2432.—Section 2432 
of such title is amended— 
(1) in subsection (b)(2)(A), by inserting ‘‘for the program 
(or for each designated subprogram under the program)’’ after 
‘‘procurement unit cost’’; 
(2) in subsection (c)— 
(A) in paragraph (1)(B)— 
(i) by inserting ‘‘or designated major subprogram’’ 
after ‘‘for each major defense acquisition program’’; 
and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘the pro-
gram’’; 
(B) in paragraph (1)(C)— 
(i) by inserting ‘‘or designated major subprogram’’ 
after ‘‘major defense acquisition program’’; and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘the pro-
gram’’; and 
(C) in paragraph (3)(A), by inserting ‘‘and each des-
ignated major subprogram’’ after ‘‘for each major defense 
acquisition program’’; 
(3) in subsection (e)— 
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122 STAT. 4522 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) in paragraph (3), by inserting before the period 
the following: ‘‘for the program (or for each designated 
major subprogram under the program)’’; 
(B) in paragraph (5), by inserting before the period 
the following: ‘‘(or for each designated major subprogram 
under the program)’’; 
(C) in paragraph (7), by inserting ‘‘or subprogram’’ 
after ‘‘of the program’’ each place it appears; and 
(D) in paragraph (8), by inserting ‘‘and designated 
major subprograms under the program’’ after ‘‘the pro-
gram’’; 
(4) in subsection (g)— 
(A) by inserting ‘‘or designated major subprogram’’ 
after ‘‘major defense acquisition program’’; and 
(B) by inserting ‘‘or subprogram’’ after ‘‘the program’’ 
each place it appears; and 
(5) in subsection (h)(2)(C), by inserting ‘‘and designated 
major subprograms under the program’’ after ‘‘the development 
program’’. 
(c) CONFORMING AMENDMENTS TO SECTION 2433.—Section 2433 
of such title is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘The terms’’ and 
inserting ‘‘Except as provided in section 2430a(c) of this 
title, the terms’’; 
(B) in paragraph (2)— 
(i) by inserting ‘‘or designated major subprogram’’ 
after ‘‘major defense acquisition program’’; and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘the pro-
gram’’; 
(C) in paragraph (4)— 
(i) by inserting ‘‘or designated major defense sub-
program’’ after ‘‘major defense acquisition program’’ 
each place it appears; and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘for the 
program’’ each place it appears; and 
(D) in paragraph (5)— 
(i) by inserting ‘‘or designated major defense sub-
program’’ after ‘‘major defense acquisition program’’ 
each place it appears; and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘for the 
program’’ each place it appears; 
(2) in subsection (b)— 
(A) in the matter preceding paragraph (1), by inserting 
‘‘(or of each designated major subprogram under the pro-
gram)’’ after ‘‘unit costs of the program’’; 
(B) in paragraph (1), by inserting before the period 
the following: ‘‘for the program (or for each designated 
major subprogram under the program)’’; 
(C) in paragraph (2), by inserting before the period 
the following: ‘‘for the program (or for each designated 
major subprogram under the program)’’; and 
(D) in paragraph (5), by inserting ‘‘or subprogram’’ 
after ‘‘the program’’ each place it appears (other than the 
last place it appears); 
(3) in subsection (c)— 
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122 STAT. 4523 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) by striking ‘‘the program acquisition unit cost for 
the program or the procurement unit cost for the program’’ 
and inserting ‘‘the program acquisition unit cost for the 
program (or for a designated major subprogram under the 
program) or the procurement unit cost for the program 
(or for such a subprogram)’’; and 
(B) by striking ‘‘for the program’’ after ‘‘significant 
cost growth threshold’’; 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘or any designated major subpro-
gram under the program’’ after ‘‘major defense acquisi-
tion program’’; and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘for the 
program’’ each place it appears; 
(B) in paragraph (2)— 
(i) by inserting ‘‘or any designated major subpro-
gram under the program’’ after ‘‘major defense acquisi-
tion program’’; and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘for the 
program’’ each place it appears; and 
(C) in paragraph (3), by striking ‘‘such program’’ and 
inserting ‘‘the program or subprogram concerned’’; 
(5) in subsection (e)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by inserting ‘‘or designated major subpro-
gram’’ after ‘‘major defense acquisition program’’; 
and 
(II) by inserting ‘‘or subprogram’’ after ‘‘for 
the program’’; and 
(ii) in subparagraph (B)— 
(I) by inserting ‘‘or designated major subpro-
gram’’ after ‘‘major defense acquisition program’’; 
and 
(II) by inserting ‘‘or subprogram’’ after ‘‘that 
program’’; and 
(B) in paragraph (2), in the matter preceding subpara-
graph (A)— 
(i) by inserting ‘‘or designated major subprogram’’ 
after ‘‘major defense acquisition program’’; and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘for the 
program’’; and 
(6) in subsection (g)— 
(A) in paragraph (1)— 
(i) in subparagraph (D)— 
(I) by inserting ‘‘(and for each designated 
major subprogram under the program)’’ after ‘‘for 
the program’’; and 
(II) by inserting ‘‘or subprogram’’ after ‘‘in 
which the program’’; 
(ii) in subparagraph (E), by inserting ‘‘for the pro-
gram (and for each designated major subprogram 
under the program)’’ after ‘‘program acquisition cost’’; 
(iii) in subparagraph (F), by inserting before the 
period the following: ‘‘for the program (or for any des-
ignated major subprogram under the program)’’; 
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122 STAT. 4524 
PUBLIC LAW 110–417—OCT. 14, 2008 
(iv) in subparagraph (G)— 
(I) by inserting ‘‘and each designated major 
subprogram under the program’’ after of ‘‘the pro-
gram’’; and 
(II) by inserting ‘‘or subprogram’’ after ‘‘for 
the program’’ each place it appears; 
(v) in subparagraph (H)— 
(I) by inserting ‘‘and each designated major 
subprogram under the program’’ after ‘‘the pro-
gram’’ the first place it appears; and 
(II) by inserting ‘‘or subprogram’’ after ‘‘the 
program’’ the second place it appears; 
(vi) in subparagraph (J), by inserting ‘‘for the pro-
gram (or for each designated major subprogram under 
the program)’’ after ‘‘program acquisition unit cost’’; 
(vii) in subparagraph (K), by inserting ‘‘for the 
program (or for each designated major subprogram 
under the program)’’ after ‘‘procurement unit cost’’ each 
place it appears; 
(viii) in subparagraph (O), by inserting before the 
period the following: ‘‘for the program (or for any des-
ignated major subprogram under the program)’’; 
(ix) in subparagraph (P)— 
(I) by inserting ‘‘or subprogram’’ after ‘‘the pro-
gram’’ the first place it appears; and 
(II) by inserting ‘‘and any designated major 
subprogram under the program’’ after ‘‘the pro-
gram’’ the second place it appears; and 
(x) in subparagraph (Q), by inserting ‘‘or any des-
ignated major subprogram under the program’’ after 
‘‘the program’’; and 
(B) in paragraph (2)— 
(i) by inserting ‘‘or designated major subprogram’’ 
after ‘‘major defense acquisition program’’; 
(ii) by inserting ‘‘or subprogram’’ after ‘‘the entire 
program’’; and 
(iii) by inserting ‘‘or subprogram’’ after ‘‘a pro-
gram’’. 
(d) CONFORMING AMENDMENTS TO SECTION 2435.—Section 2435 
of such title is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘and for each des-
ignated major subprogram under the program’’ after ‘‘major 
defense acquisition program’’; and 
(B) in paragraph (2), by inserting ‘‘or designated major 
subprogram’’ after ‘‘major defense acquisition program’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘or any designated major subprogram 
under the program’’ after ‘‘major defense acquisition pro-
gram’’; and 
(B) by inserting ‘‘or subprogram’’ after ‘‘the program’’; 
(3) in subsection (c)— 
(A) by inserting ‘‘or any designated major subprogram 
under the program’’ after ‘‘major defense acquisition pro-
gram’’; and 
(B) by inserting ‘‘or subprogram’’ after ‘‘the program’’ 
each place it appears; 
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122 STAT. 4525 
PUBLIC LAW 110–417—OCT. 14, 2008 
(4) in subsection (d)— 
(A) by inserting ‘‘or any designated major subprogram 
under the program’’ after ‘‘major defense acquisition pro-
gram’’ each place it appears; 
(B) in paragraph (1)— 
(i) by inserting ‘‘or subprogram’’ after ‘‘the pro-
gram’’ each place it appears; and 
(ii) by inserting ‘‘or subprogram’’ after ‘‘at pro-
gram’’; and 
(C) in paragraph (2), by inserting ‘‘or subprogram’’ 
after ‘‘for the program’’ each place it appears; and 
(5) in subsection (e)— 
(A) by inserting ‘‘(or in the case of a major defense 
acquisition program with one or more designated major 
subprograms, approved baseline descriptions for such sub-
programs)’’ after ‘‘baseline description’’; 
(B) by striking ‘‘the baseline’’ and inserting ‘‘any such 
baseline description’’; and 
(C) by inserting ‘‘or subprogram’’ after ‘‘of the program’’. 
SEC. 812. INCLUSION OF CERTAIN MAJOR INFORMATION TECHNOLOGY 
INVESTMENTS IN ACQUISITION OVERSIGHT AUTHORITIES 
FOR MAJOR AUTOMATED INFORMATION SYSTEM PRO-
GRAMS. 
(a) DEFINITIONS.— 
(1) IN GENERAL.—Section 2445a of title 10, United States 
Code, is amended— 
(A) in subsection (a), by striking ‘‘IN GENERAL’’ and 
inserting ‘‘MAJOR AUTOMATED INFORMATION SYSTEM PRO-
GRAM’’; and 
(B) by adding at the end the following new subsection: 
‘‘(d) OTHER MAJOR INFORMATION TECHNOLOGY INVESTMENT 
PROGRAM.—In this chapter, the term ‘other major information tech-
nology investment program’ means the following: 
‘‘(1) An investment that is designated by the Secretary 
of Defense, or a designee of the Secretary, as a ‘pre-Major 
Automated Information System’ or ‘pre-MAIS’ program. 
‘‘(2) Any other investment in automated information system 
products or services that is expected to exceed the thresholds 
established in subsection (a), as adjusted under subsection (b), 
but is not considered to be a major automated information 
system program because a formal acquisition decision has not 
yet been made with respect to such investment.’’. 
(2) HEADING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘§ 2445a. Definitions’’. 
(3) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 144A of such title is amended by striking 
the item relating to section 2445a and inserting the following 
new item: 
‘‘2445a. Definitions.’’. 
(b) COST, SCHEDULE, AND PERFORMANCE INFORMATION.—Sec-
tion 2445b of such title is amended— 
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122 STAT. 4526 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) in subsection (a), by inserting ‘‘and each other major 
information technology investment program’’ after ‘‘each major 
automated information system program’’; 
(2) in subsection (b), by inserting ‘‘REGARDING MAJOR AUTO-
MATED INFORMATION SYSTEM PROGRAMS’’ after ‘‘ELEMENTS’’; and 
(3) by adding at the end the following new subsection: 
‘‘(d) ELEMENTS REGARDING OTHER MAJOR INFORMATION TECH-
NOLOGY INVESTMENT PROGRAMS.—With respect to each other major 
information technology investment program, the information 
required by subsection (a) may be provided in the format that 
is most appropriate to the current status of the program.’’. 
(c) QUARTERLY
REPORTS.—Section 2445c of such title is 
amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘or other major information technology 
investment program’’ after ‘‘major automated information 
system program’’; and 
(B) by inserting ‘‘or information technology investment’’ 
after ‘‘the major automated information system’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘or other major information technology 
investment program’’ after ‘‘major automated information 
system program’’ in the matter preceding paragraph (1); 
and 
(B) by inserting ‘‘or information technology investment’’ 
after ‘‘automated information system’’ each place it appears 
in paragraphs (1) and (2); 
(3) in subsection (d)— 
(A) in paragraph (1) and in paragraph (2) in the matter 
preceding subparagraph (A), by inserting ‘‘or other major 
information technology investment program’’ after ‘‘major 
automated information system program’’; and 
(B) in paragraph (2)— 
(i) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) the automated information system or information 
technology investment failed to achieve initial operational 
capability within five years after funds were first obligated 
for the program;’’; 
(ii) in subparagraph (B), by inserting before the 
semicolon the following: ‘‘or section 2445b(d) of this 
title, as applicable’’; 
(iii) in subparagraph (C), by inserting before the 
semicolon the following: ‘‘or section 2445b(d) of this 
title, as applicable’’; and 
(iv) in subparagraph (D)— 
(I) by inserting ‘‘or major information tech-
nology 
investment’’ 
after 
‘‘major 
automated 
information system’’; and 
(II) by inserting before the period the fol-
lowing: ‘‘or section 2445b(d) of this title, as 
applicable’’; 
(4) in subsection (e), by inserting ‘‘or other major informa-
tion technology investment program’’ after ‘‘major automated 
information system program’’; and 
(5) in subsection (f)— 
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122 STAT. 4527 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) by inserting ‘‘or other major information technology 
investment program’’ after ‘‘major automated information 
system program’’ in the matter preceding paragraph (1); 
(B) in paragraph (1), by inserting ‘‘or information tech-
nology investment’’ after ‘‘automated information system’’; 
(C) in paragraph (2), by inserting ‘‘or information tech-
nology investment’’ after ‘‘the system’’; and 
(D) in paragraph (3), by inserting ‘‘or information tech-
nology investment, as applicable,’’ after ‘‘the program and 
system’’. 
SEC. 813. TRANSFER OF SECTIONS OF TITLE 10 RELATING TO MILE-
STONE A AND MILESTONE B FOR CLARITY. 
(a) REVERSAL OF ORDER OF SECTIONS.—Section 2366b of title 
10, United States Code, is transferred so as to appear before section 
2366a of such title. 
(b) REDESIGNATION OF SECTIONS.—Section 2366b (relating to 
Milestone A) and section 2366a (relating to Milestone B) of such 
title, as so transferred, are redesignated as sections 2366a and 
2366b, respectively. 
(c) TECHNICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 139 of title 10, United States Code, is amended 
by striking the items relating sections 2366a and 2366b and 
inserting the following new items: 
‘‘2366a. Major defense acquisition programs: certification required before Milestone 
A or Key Decision Point A approval. 
‘‘2366b. Major defense acquisition programs: certification required before Milestone 
B or Key Decision Point B approval.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) SECTION 181 OF TITLE 10, UNITED STATES CODE.—Section 
181(b)(4) of title 10, United States Code, is amended by striking 
‘‘section 2366a(a)(4), section 2366b(b),’’ and inserting ‘‘section 
2366a(b), section 2366b(a)(4),’’. 
(2) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
2008.—The National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181) is amended— 
(A) in section 212(1) by striking ‘‘2366a’’ and inserting 
‘‘2366b’’; and 
(B) in section 816— 
(i) in subsection (a)(2) by striking ‘‘2366a’’ and 
inserting ‘‘2366b’’; 
(ii) in subsection (a)(3) by striking ‘‘2366b of title 
10, United States Code, as added by section 943 of 
this Act’’ and inserting ‘‘2366a of title 10, United States 
Code’’; and 
(iii) in subsection (c)(2) by striking ‘‘2366a’’ each 
place such term appears (including in the paragraph 
heading) and inserting ‘‘2366b’’. 
(3) JOHN WARNER NATIONAL DEFENSE AUTHORIZATION ACT 
FOR FISCAL YEAR 2007.—The John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364) 
is amended in section 812 (120 Stat. 2317), in each of sub-
sections (c)(2)(A) and (d)(2), by striking ‘‘2366a’’ and inserting 
‘‘2366b’’. 
(e) ADDITIONAL TECHNICAL AMENDMENTS.— 
(1) Section 2366a of title 10, United States Code, as trans-
ferred and redesignated by this section, is amended— 
10 USC 2302 
note. 
Ante, p. 223. 
Ante, p. 35. 
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122 STAT. 4528 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) in paragraphs (1), (2), and (4) of subsection (a), 
by striking ‘‘system’’ each place it appears and inserting 
‘‘program’’; 
(B) in paragraph (3) of subsection (a)— 
(i) by striking ‘‘if the system’’ and inserting ‘‘if 
the program’’; and 
(ii) by striking ‘‘such system’’ and inserting ‘‘such 
program’’; 
(C) in subsection (b)— 
(i) by striking ‘‘major system’’ and inserting ‘‘major 
defense acquisition program’’; and 
(ii) by striking ‘‘the system’’ each place it appears 
and inserting ‘‘the program’’; and 
(D) in paragraph (1) of subsection (c)— 
(i) by striking ‘‘major system’’ and inserting ‘‘major 
defense acquisition program’’; and 
(ii) by striking ‘‘2302(5)’’ and inserting ‘‘2430’’. 
(2) Section 943 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 288) is 
amended— 
(A) in subsection (b), by striking ‘‘major weapon 
system’’ and inserting ‘‘major defense acquisition program’’; 
and 
(B) in subsection (c)— 
(i) by striking ‘‘major systems’’ and inserting 
‘‘major defense acquisition programs’’; and 
(ii) by adding at the end the following: ‘‘In the 
case of the certification required by paragraph (2) of 
subsection (a) of such section, during the period prior 
to the completion of the first quadrennial roles and 
missions review required by section 118b of title 10, 
United States Code, the certification required by that 
paragraph shall be that the system is being executed 
by an entity with a relevant core competency as identi-
fied by the Secretary of Defense.’’. 
SEC. 814. CONFIGURATION STEERING BOARDS FOR COST CONTROL 
UNDER MAJOR DEFENSE ACQUISITION PROGRAMS. 
(a) CONFIGURATION STEERING BOARDS.—Each Secretary of a 
military department shall establish one or more boards (to be 
known as a ‘‘Configuration Steering Board’’) for the major defense 
acquisition programs of such department. 
(b) COMPOSITION.— 
(1) CHAIR.—Each Configuration Steering Board under this 
section shall be chaired by the service acquisition executive 
of the military department concerned. 
(2) PARTICULAR
MEMBERS.—Each Configuration Steering 
Board under this section shall include a representative of the 
following: 
(A) The Office of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics. 
(B) The Chief of Staff of the Armed Force concerned. 
(C) Other Armed Forces, as appropriate. 
(D) The Joint Staff. 
(E) The Comptroller of the military department con-
cerned. 
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122 STAT. 4529 
PUBLIC LAW 110–417—OCT. 14, 2008 
(F) The military deputy to the service acquisition 
executive concerned. 
(G) The program executive officer for the major defense 
acquisition program concerned. 
(H) Other senior representatives of the Office of the 
Secretary of Defense and the military department con-
cerned, as appropriate. 
(c) RESPONSIBILITIES.— 
(1) IN
GENERAL.—The Configuration Steering Board for 
a major defense acquisition program under this section shall 
be responsible for the following: 
(A) Preventing unnecessary changes to program 
requirements and system configuration that could have 
an adverse impact on program cost or schedule. 
(B) Mitigating the adverse cost and schedule impact 
of any changes to program requirements or system configu-
ration that may be required. 
(C) Ensuring that the program delivers as much 
planned capability as possible, at or below the relevant 
program baseline. 
(2) DISCHARGE
OF
RESPONSIBILITIES.—In discharging its 
responsibilities under this section with respect to a major 
defense acquisition program, a Configuration Steering Board 
shall— 
(A) review and approve or disapprove any proposed 
changes to program requirements or system configuration 
that have the potential to adversely impact program cost 
or schedule; and 
(B) review and recommend proposals to reduce program 
requirements that have the potential to improve program 
cost or schedule in a manner consistent with program 
objectives. 
(3) PRESENTATION
OF
RECOMMENDATIONS
ON
REDUCTION 
IN REQUIREMENTS.—Any recommendation for a proposed reduc-
tion in requirements that is made by a Configuration Steering 
Board under paragraph (2)(B) shall be presented to appropriate 
organizations of the Joint Staff and the military departments 
responsible for such requirements for review and approval in 
accordance with applicable procedures. 
(4) ANNUAL
CONSIDERATION
OF
EACH
MAJOR
DEFENSE 
ACQUISITION PROGRAM.—The Secretary of the military depart-
ment concerned shall ensure that a Configuration Steering 
Board under this section meets to consider each major defense 
acquisition program of such military department at least once 
each year. 
(5) CERTIFICATION
OF
COST
AND
SCHEDULE
DEVIATIONS 
DURING
SYSTEM
DESIGN
AND
DEVELOPMENT.—For a major 
defense acquisition program that received an initial Milestone 
B approval during fiscal year 2008, a Configuration Steering 
Board may not approve any proposed alteration to program 
requirements or system configuration if such an alteration 
would— 
(A) increase the cost (including any increase for 
expected inflation or currency exchange rates) for system 
development and demonstration by more than 25 percent; 
or 
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122 STAT. 4530 
PUBLIC LAW 110–417—OCT. 14, 2008 
(B) extend the schedule for key events by more than 
15 percent of the total number of months between the 
award of the system development and demonstration con-
tract and the scheduled Milestone C approval date, 
unless the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics certifies to the congressional defense 
committees, and includes in the certification supporting 
rationale, that approving such alteration to program require-
ments or system configuration is in the best interest of the 
Department of Defense despite the cost and schedule impacts 
to system development and demonstration of such program. 
(d) APPLICABILITY.— 
(1) IN GENERAL.—The requirements of this section shall 
apply with respect to any major defense acquisition program 
that is commenced before, on, or after the date of the enactment 
of this Act. 
(2) CURRENT PROGRAMS.—In the case of any major defense 
acquisition program that is ongoing as of the date of the enact-
ment of this Act, a Configuration Steering Board under this 
section shall be established for such program not later than 
60 days after the date of the enactment of this Act. 
(e) GUIDANCE ON AUTHORITIES OF PROGRAM MANAGERS AFTER 
MILESTONE B.— 
(1) MODIFICATION
OF
GUIDANCE
ON
AUTHORITIES.—Para-
graph (2) of section 853(d) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2343) is amended to read as follows: 
‘‘(2) authorities available to the program manager, 
including— 
‘‘(A) the authority to object to the addition of new 
program requirements that would be inconsistent with the 
parameters established at Milestone B (or Key Decision 
Point B in the case of a space program) and reflected 
in the performance agreement, unless such requirements 
are approved by the appropriate Configuration Steering 
Board; and 
‘‘(B) the authority to recommend to the appropriate 
Configuration Steering Board reduced program require-
ments that have the potential to improve program cost 
or schedule in a manner consistent with program objectives; 
and’’. 
(2) APPLICABILITY.—The Secretary of Defense shall modify 
the guidance described in section 853(d) of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 in 
order to take into account the amendment made by paragraph 
(1) not later than 60 days after the date of the enactment 
of this Act. 
(f) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 
section, the term ‘‘major defense acquisition program’’ has the 
meaning given that term in section 2430(a) of title 10, United 
States Code. 
SEC. 815. PRESERVATION OF TOOLING FOR MAJOR DEFENSE ACQUISI-
TION PROGRAMS. 
(a) GUIDANCE REQUIRED.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
issue guidance requiring the preservation and storage of unique 
Deadline. 
Deadline. 
10 USC 2430 
note. 
Deadline. 
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122 STAT. 4531 
PUBLIC LAW 110–417—OCT. 14, 2008 
tooling associated with the production of hardware for a major 
defense acquisition program through the end of the service life 
of the end item associated with such a program. Such guidance 
shall— 
(1) require that the milestone decision authority approve 
a plan, including the identification of any contract clauses, 
facilities, and funding required, for the preservation and storage 
of such tooling prior to Milestone C approval; 
(2) require that the milestone decision authority periodi-
cally review the plan required by paragraph (1) prior to the 
end of the service life of the end item, to ensure that the 
preservation and storage of such tooling remains adequate and 
in the best interest of the Department of Defense; 
(3) provide a mechanism for the Secretary to waive the 
requirement for preservation and storage of unique production 
tooling, or any category of unique production tooling, if the 
Secretary— 
(A) makes a written determination that such a waiver 
is in the best interest of the Department of Defense; and 
(B) notifies the congressional defense committees of 
the waiver upon making such determination; and 
(4) provide such criteria as necessary to guide a determina-
tion made pursuant to paragraph (3)(A). 
(b) DEFINITIONS.—In this section: 
(1) MAJOR
DEFENSE
ACQUISITION
PROGRAM.—The term 
‘‘major defense acquisition program’’ has the meaning provided 
in section 2430 of title 10, United States Code. 
(2) MILESTONE DECISION AUTHORITY.—The term ‘‘milestone 
decision authority’’ has the meaning provided in section 
2366a(f)(2) of such title. 
(3) MILESTONE
C
APPROVAL.—The term ‘‘Milestone C 
approval’’ has the meaning provided in section 2366(e)(8) of 
such title. 
Subtitle C—Amendments to General Con-
tracting Authorities, Procedures, and 
Limitations 
SEC. 821. DEFINITION OF SYSTEM FOR DEFENSE ACQUISITION CHAL-
LENGE PROGRAM. 
Section 2359b of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(l) SYSTEM DEFINED.—In this section, the term ‘system’— 
‘‘(1) means— 
‘‘(A) the organization of hardware, software, material, 
facilities, personnel, data, and services needed to perform 
a designated function with specified results (such as the 
gathering of specified data, its processing, and its delivery 
to users); or 
‘‘(B) a combination of two or more interrelated pieces 
(or sets) of equipment arranged in a functional package 
to perform an operational function or to satisfy a require-
ment; and 
‘‘(2) includes a major system (as defined in section 2302(5) 
of this title).’’. 
Notification. 
Determination. 
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122 STAT. 4532 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 822. TECHNICAL DATA RIGHTS. 
(a) POLICY GUIDANCE.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall issue 
policy guidance with respect to rights in technical data under a 
non-FAR agreement. The guidance shall— 
(1) establish criteria for defining the legitimate interests 
of the United States and the party concerned in technical 
data pertaining to an item or process to be developed under 
the agreement; 
(2) require that specific rights in technical data be estab-
lished during agreement negotiations and be based upon nego-
tiations between the United States and the potential party 
to the agreement, except in any case in which the Secretary 
of Defense determines, on the basis of criteria established in 
such policy guidance, that the establishment of rights during 
or through agreement negotiations would not be practicable; 
and 
(3) require the program manager for a major weapon 
system or an item of personnel protective equipment that is 
to be developed using a non-FAR agreement to assess the 
long-term technical data needs of such system or item. 
(b) REQUIREMENT TO INCLUDE PROVISIONS IN NON-FAR AGREE-
MENTS.—A non-FAR agreement shall contain appropriate provisions 
relating to rights in technical data consistent with the policy guid-
ance issued pursuant to subsection (a). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘non-FAR agreement’’ means an agreement 
that is not subject to laws pursuant to which the Federal 
Acquisition Regulation is prescribed, including— 
(A) a transaction authorized under section 2371 of 
this title; and 
(B) a cooperative research and development agreement. 
(2) The term ‘‘party’’, with respect to a non-FAR agreement, 
means a non-Federal entity and includes any of the following: 
(A) A contractor and its subcontractors (at any tier). 
(B) A joint venture. 
(C) A consortium. 
(d) REPORT ON LIFE CYCLE PLANNING FOR TECHNICAL DATA 
NEEDS.—Not later than 270 days after the date of enactment of 
this Act, the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives 
a report on the implementation of the requirements in section 
2320(e) of title 10, United States Code, for the assessment of long- 
term technical data needs to sustain major weapon systems. Such 
report shall include— 
(1) a description of all relevant guidance or policies issued; 
(2) a description of the extent to which program managers 
have received training to better assess the long-term technical 
data needs of major weapon systems and subsystems; and 
(3) a description of one or more examples, if any, where 
a priced contract option has been used on major weapon systems 
for the future delivery of technical data and one or more exam-
ples, if any, where all relevant technical data were acquired 
upon contract award. 
Deadline. 
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122 STAT. 4533 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 823. REVISION TO THE APPLICATION OF COST ACCOUNTING 
STANDARDS. 
(a) REQUIREMENT FOR REVIEW OF EXEMPTIONS TO THE COST 
ACCOUNTING STANDARDS.—The Cost Accounting Standards Board 
shall— 
(1) review the inapplicability of the cost accounting stand-
ards, in accordance with existing exemptions, to any contract 
or subcontract that is executed and performed outside the 
United States when such a contract or subcontract is performed 
by a contractor that, but for the fact that the contract or 
subcontract is being executed and performed entirely outside 
the United States, would be required to comply with such 
standards; and 
(2) determine whether the application of the standards 
to such a contract or subcontract (or any category of such 
contracts and subcontracts) would benefit the Government. 
(b) PUBLICATION
OF REQUEST
FOR INFORMATION.—The Cost 
Accounting Standards Board shall publish a request for information 
as part of the review required by subsection (a) and shall provide 
a copy of the request to the appropriate committees of Congress 
not less than five days before the publication of such request. 
(c) REPORT TO CONGRESS UPON COMPLETION OF THE REVIEW.— 
Not later than 270 days after the date of the enactment of this 
Act, the Cost Accounting Standards Board shall submit to the 
appropriate committees of Congress a report containing— 
(1) any revision to the cost accounting standards proposed 
as a result of the review required by subsection (a) and a 
copy of any proposed rulemaking implementing the revision; 
or 
(2) if no revision and rulemaking are proposed, a detailed 
justification for such decision. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means 
the Committees on Armed Services of the Senate and of the 
House of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Committee 
on Oversight and Government Reform of the House of Rep-
resentatives. 
(2) The term ‘‘cost accounting standards’’ means the stand-
ards promulgated under section 26 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 422). 
(3) The term ‘‘Cost Accounting Standards Board’’ means 
the Board established pursuant to section 26 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 422). 
SEC. 824. MODIFICATION AND EXTENSION OF PILOT PROGRAM FOR 
TRANSITION 
TO 
FOLLOW-ON 
CONTRACTS 
UNDER 
AUTHORITY 
TO 
CARRY 
OUT 
CERTAIN 
PROTOTYPE 
PROJECTS. 
(a) EXPANSION OF SCOPE OF PILOT PROGRAM.—Paragraph (1) 
of section 845(e) of the National Defense Authorization Act for 
Fiscal Year 1994 (10 U.S.C. 2371 note) is amended by striking 
‘‘under prototype projects carried out under this section’’ and 
inserting ‘‘developed under prototype projects carried out under 
this section or research projects carried out pursuant to section 
2371 of title 10, United States Code’’. 
Deadline. 
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122 STAT. 4534 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) TWO-YEAR EXTENSION
OF AUTHORITY.—Paragraph (4) of 
such section is amended by striking ‘‘September 30, 2008’’ and 
inserting ‘‘September 30, 2010’’. 
SEC. 825. CLARIFICATION OF STATUS OF GOVERNMENT RIGHTS IN 
THE DESIGNS OF DEPARTMENT OF DEFENSE VESSELS, 
BOATS, CRAFT, AND COMPONENTS THEREOF. 
(a) IN GENERAL.—Chapter 633 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 7317. Status of Government rights in the designs of vessels, 
boats, and craft, and components thereof 
‘‘(a) IN GENERAL.—Government rights in the design of a vessel, 
boat, or craft, and its components, including the hull, decks, super-
structure, and all shipboard equipment and systems, shall be deter-
mined solely as follows: 
‘‘(1) In the case of a vessel, boat, craft, or component 
procured through a contract, in accordance with the provisions 
of section 2320 of this title. 
‘‘(2) In the case of a vessel, boat, craft, or component 
procured through an instrument not governed by section 2320 
of this title, by the terms of the instrument (other than a 
contract) under which the design for such vessel, boat, craft, 
or component, as applicable, was developed for the Government. 
‘‘(b) CONSTRUCTION OF SUPERSEDING AUTHORITIES.—This sec-
tion may be modified or superseded by a provision of statute only 
if such provision expressly refers to this section in modifying or 
superseding this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 633 of such title is amended by adding at the 
end the following new item: 
‘‘7317. Status of Government rights in the designs of vessels, boats, and craft, and 
components thereof’’. 
Subtitle D—Provisions Relating to Acquisi-
tion Workforce and Inherently Govern-
mental Functions 
SEC. 831. DEVELOPMENT OF GUIDANCE ON PERSONAL SERVICES CON-
TRACTS. 
(a) GUIDANCE REQUIRED.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
develop guidance related to personal services contracts to— 
(1) require a clear distinction between employees of the 
Department of Defense and employees of Department of 
Defense contractors; 
(2) provide appropriate safeguards with respect to when, 
where, and to what extent the Secretary may enter into a 
contract for the procurement of personal services; and 
(3) assess and take steps to mitigate the risk that, as 
implemented and administered, non-personal services contracts 
may become personal services contracts. 
(b) DEFINITION OF PERSONAL SERVICES CONTRACT.—In this sec-
tion, the term ‘‘personal services contract’’ has the meaning given 
that term in section 2330a(g)(5) of title 10, United States Code. 
Deadline. 
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122 STAT. 4535 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 832. SENSE OF CONGRESS ON PERFORMANCE BY PRIVATE SECU-
RITY CONTRACTORS OF CERTAIN FUNCTIONS IN AN AREA 
OF COMBAT OPERATIONS. 
It is the sense of Congress that— 
(1) security operations for the protection of resources 
(including people, information, equipment, and supplies) in 
uncontrolled or unpredictable high-threat environments should 
ordinarily be performed by members of the Armed Forces if 
they will be performed in highly hazardous public areas where 
the risks are uncertain and could reasonably be expected to 
require deadly force that is more likely to be initiated by 
personnel performing such security operations than to occur 
in self-defense; 
(2) it should be in the sole discretion of the commander 
of the relevant combatant command to determine whether or 
not the performance by a private security contractor under 
a contract awarded by any Federal agency of a particular 
activity, a series of activities, or activities in a particular loca-
tion, within a designated area of combat operations is appro-
priate and such a determination should not be delegated to 
any person who is not in the military chain of command; 
(3) the Secretaries of the military departments and the 
Chiefs of Staff of the Armed Forces should ensure that the 
United States Armed Forces have appropriate numbers of 
trained personnel to perform the functions described in para-
graph (1) without the need to rely upon private security contrac-
tors; and 
(4) the regulations issued by the Secretary of Defense 
pursuant to section 862(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
254; 10 U.S.C. 2302 note) should ensure that private security 
contractors are not authorized to perform inherently govern-
mental functions in an area of combat operations. 
SEC. 833. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY. 
Section 1705 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(h) EXPEDITED HIRING AUTHORITY.— 
‘‘(1) For purposes of sections 3304, 5333, and 5753 of title 
5, United States Code, the Secretary of Defense may— 
‘‘(A) designate any category of acquisition positions 
within the Department of Defense as shortage category 
positions; and 
‘‘(B) utilize the authorities in such sections to recruit 
and appoint highly qualified persons directly to positions 
so designated. 
‘‘(2) The Secretary may not appoint a person to a position 
of employment under this subsection after September 30, 
2012.’’. 
SEC. 834. CAREER PATH AND OTHER REQUIREMENTS FOR MILITARY 
PERSONNEL IN THE ACQUISITION FIELD. 
(a) ACQUISITION PERSONNEL REQUIREMENTS.— 
(1) IN GENERAL.—Chapter 87 of title 10, United States 
Code, is amended by inserting after section 1722 the following 
new section: 
Termination 
date. 
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122 STAT. 4536 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘§ 1722a. Special requirements for military personnel in the 
acquisition field 
‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE REGARDING MILI-
TARY PERSONNEL IN ACQUISITION.—The Secretary of Defense shall 
require the Secretary of each military department (with respect 
to such military department) and the Under Secretary of Defense 
for Acquisition, Technology, and Logistics (with respect to the Office 
of the Secretary of Defense, the unified combatant commands, the 
Defense Agencies, and the Defense Field Activities) to establish 
policies and issue guidance to ensure the proper development, 
assignment, and employment of members of the armed forces in 
the acquisition field to achieve the objectives of this section as 
specified in subsection (b). 
‘‘(b) OBJECTIVES.—Policies established and guidance issued 
pursuant to subsection (a) shall ensure, at a minimum, the fol-
lowing: 
‘‘(1) A career path in the acquisition field that attracts 
the highest quality officers and enlisted personnel. 
‘‘(2) A number of command positions and senior noncommis-
sioned officer positions, including acquisition billets reserved 
for general officers and flag officers under subsection (c), suffi-
cient to ensure that members of the armed forces have 
opportunities for promotion and advancement in the acquisition 
field. 
‘‘(3) A number of qualified, trained members of the armed 
forces eligible for and active in the acquisition field sufficient 
to ensure the optimum management of the acquisition functions 
of the Department of Defense and the appropriate use of mili-
tary personnel in contingency contracting. 
‘‘(c) RESERVATION OF ACQUISITION BILLETS FOR GENERAL OFFI-
CERS AND FLAG OFFICERS.—(1) The Secretary of Defense shall— 
‘‘(A) establish for each military department a sufficient 
number of billets coded or classified for acquisition personnel 
that are reserved for general officers and flag officers that 
are needed for the purpose of ensuring the optimum manage-
ment of the acquisition functions of the Department of Defense; 
and 
‘‘(B) ensure that the policies established and guidance 
issued pursuant to subsection (a) by the Secretary of each 
military department reserve at least that minimum number 
of billets and fill the billets with qualified and trained general 
officers and flag officers who have significant acquisition experi-
ence. 
‘‘(2) The Secretary of Defense shall ensure— 
‘‘(A) a sufficient number of billets for acquisition personnel 
who are general officers or flag officers exist within the Office 
of the Secretary of Defense, the unified combatant commands, 
the Defense Agencies, and the Defense Field Activities to ensure 
the optimum management of the acquisition functions of the 
Department of Defense; and 
‘‘(B) that the policies established and guidance issued 
pursuant to subsection (a) by the Secretary reserve within 
the Office of the Secretary of Defense, the unified combatant 
commands, the Defense Agencies, and the Defense Field Activi-
ties at least that minimum number of billets and fill the billets 
with qualified and trained general officers and flag officers 
who have significant acquisition experience. 
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122 STAT. 4537 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(3) The Secretary of Defense shall ensure that a portion of 
the billets referred to in paragraphs (1) and (2) involve command 
of organizations primarily focused on contracting and are reserved 
for general officers and flag officers who have significant contracting 
experience. 
‘‘(d) RELATIONSHIP TO LIMITATION ON PREFERENCE FOR MILI-
TARY PERSONNEL.—Any designation or reservation of a position 
for a member of the armed forces as a result of a policy established 
or guidance issued pursuant to this section shall be deemed to 
meet the requirements for an exception under paragraph (2) of 
section 1722(b) of this title from the limitation in paragraph (1) 
of such section. 
‘‘(e) REPORT.—Not later than January 1 of each year, the Sec-
retary of each military department shall submit to the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics a report 
describing how the Secretary fulfilled the objectives of this section 
in the preceding calendar year. The report shall include information 
on the reservation of acquisition billets for general officers and 
flag officers within the department concerned.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 87 of such title is amended by inserting 
after the item relating to section 1722 the following new item: 
‘‘1722a. Special requirements for military personnel in the acquisition field.’’. 
(b) ADDITIONAL ITEM IN STRATEGIC PLAN.—Section 543(f)(3)(E) 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat 116) is amended by inserting after 
‘‘officer assignments and grade requirements’’ the following: ‘‘, 
including requirements relating to the reservation of billets in the 
acquisition field for general and flag officers,’’. 
(c) ANNUAL REPORT REQUIRED.—Not later than 270 days after 
the date of the enactment of this Act, and not later than March 
1 of 2010, 2011, and 2012, the Secretary of Defense shall submit 
to the congressional defense committees a report on— 
(1) the number acquisition and contracting billets in each 
of the Armed Forces and joint activities that are reserved 
for general officers and flag officers; and 
(2) the extent to which these billets have been filled by 
general officers and flag officers with significant acquisition 
experience and significant contracting experience, as applicable. 
Subtitle E—Department of Defense 
Contractor Matters 
SEC. 841. ETHICS SAFEGUARDS RELATED TO CONTRACTOR CONFLICTS 
OF INTEREST. 
(a) POLICY ON PERSONAL CONFLICTS OF INTEREST BY EMPLOYEES 
OF FEDERAL GOVERNMENT CONTRACTORS.—Not later than 270 days 
after the date of the enactment of this Act, the Administrator 
for Federal Procurement Policy shall develop and issue a standard 
policy to prevent personal conflicts of interest by contractor 
employees performing acquisition functions closely associated with 
inherently governmental functions (including the development, 
award, and administration of Government contracts) for or on behalf 
of a Federal agency or department. 
Deadline. 
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122 STAT. 4538 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) ELEMENTS OF POLICY.—The policy required under sub-
section (a) shall— 
(A) provide a definition of the term ‘‘personal conflict 
of interest’’ as it relates to contractor employees performing 
acquisition functions closely associated with inherently 
governmental functions; and 
(B) require each contractor whose employees perform 
acquisition functions closely associated with inherently 
governmental functions to— 
(i) identify and prevent personal conflicts of 
interest for employees of the contractor who are per-
forming such functions; 
(ii) prohibit contractor employees who have access 
to non-public government information obtained while 
performing such functions from using such information 
for personal gain; 
(iii) report any personal conflict-of-interest viola-
tion by such an employee to the applicable contracting 
officer or contracting officer’s representative as soon 
as it is identified; 
(iv) maintain effective oversight to verify compli-
ance with personal conflict-of-interest safeguards; 
(v) have procedures in place to screen for potential 
conflicts of interest for all employees performing such 
functions; and 
(vi) take appropriate disciplinary action in the case 
of employees who fail to comply with policies estab-
lished pursuant to this section. 
(2) CONTRACT CLAUSE.— 
(A) The Administrator shall develop a personal con-
flicts-of-interest clause or a set of clauses for inclusion 
in solicitations and contracts (and task or delivery orders) 
for the performance of acquisition functions closely associ-
ated with inherently governmental functions that sets forth 
the personal conflicts-of-interest policy developed under 
this subsection and that sets forth the contractor’s respon-
sibilities under such policy. 
(B) Subparagraph (A) shall take effect 300 days after 
the date of the enactment of this Act and shall apply 
to— 
(i) contracts entered into on or after that effective 
date; and 
(ii) task or delivery orders awarded on or after 
that effective date, regardless of whether the contracts 
pursuant to which such task or delivery orders are 
awarded are entered before, on, or after the date of 
the enactment of this Act. 
(3) APPLICABILITY.— 
(A) Except as provided in subparagraph (B), this sub-
section shall apply to any contract for an amount in excess 
of the simplified acquisition threshold (as defined in section 
4(11) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(11)) if the contract is for the performance of 
acquisition functions closely associated with inherently 
governmental functions. 
(B) If only a portion of a contract described in subpara-
graph (A) is for the performance of acquisition functions 
Effective date. 
Applicability. 
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122 STAT. 4539 
PUBLIC LAW 110–417—OCT. 14, 2008 
described in that subparagraph, then this subsection 
applies only to that portion of the contract. 
(b) REVIEW OF FEDERAL ACQUISITION REGULATION RELATING 
TO CONFLICTS OF INTEREST.— 
(1) REVIEW.—Not later than 12 months after the date of 
the enactment of this Act, the Administrator for Federal 
Procurement Policy, in consultation with the Director of the 
Office of Government Ethics, shall review the Federal Acquisi-
tion Regulation to— 
(A) identify contracting methods, types and services 
that raise heightened concerns for potential personal and 
organizational conflicts of interest; and 
(B) determine whether revisions to the Federal Acquisi-
tion Regulation are necessary to— 
(i) address personal conflicts of interest by con-
tractor employees with respect to functions other than 
those described in subsection (a); or 
(ii) achieve sufficiently rigorous, comprehensive, 
and uniform government-wide policies to prevent and 
mitigate organizational conflicts of interest in Federal 
contracting. 
(2) REGULATORY REVISIONS.—If the Administrator deter-
mines pursuant to the review under paragraph (1)(B) that 
revisions to the Federal Acquisition Regulation are necessary, 
the Administrator shall work with the Federal Acquisition 
Regulatory Council to prescribe appropriate revisions to the 
regulations, including the development of appropriate contract 
clauses. 
(3) REPORT.—Not later than March 1, 2010, the Adminis-
trator shall submit to the Committees on Armed Services of 
the Senate and House of Representatives, the Committee on 
Homeland Security and Governmental Affairs in the Senate, 
and the Committee on Oversight and Government Reform of 
the House of Representatives a report setting forth such 
findings and determinations under subparagraphs (A) and (B) 
of paragraph (1), together with an assessment of any revisions 
to the Federal Acquisition Regulation that may be necessary. 
(c) BEST PRACTICES.—The Administrator for Federal Procure-
ment Policy shall, in consultation with the Director of the Office 
Government Ethics, develop and maintain a repository of best prac-
tices relating to the prevention and mitigation of organizational 
and personal conflicts of interest in Federal contracting. 
SEC. 842. INFORMATION FOR DEPARTMENT OF DEFENSE CONTRACTOR 
EMPLOYEES ON THEIR WHISTLEBLOWER RIGHTS. 
(a) IN GENERAL.—The Secretary of Defense shall ensure that 
contractors of the Department of Defense inform their employees 
in writing of employee whistleblower rights and protections under 
section 2409 of title 10, United States Code, as implemented by 
subpart 3.9 of part I of title 48, Code of Federal Regulations. 
(b) CONTRACTOR DEFINED.—In this section, the term ‘‘con-
tractor’’ has the meaning given that term in section 2409(e)(4) 
of title 10, United States Code. 
Deadline. 
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122 STAT. 4540 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 843. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT 
AN ACQUISITION STRATEGY FOR DEFENSE BASE ACT 
INSURANCE. 
(a) IN GENERAL.—The Secretary of Defense shall adopt an 
acquisition strategy for insurance required by the Defense Base 
Act (42 U.S.C. 1651 et seq.) which minimizes the cost of such 
insurance to the Department of Defense and to defense contractors 
subject to such Act. 
(b) CRITERIA.—The Secretary shall ensure that the acquisition 
strategy adopted pursuant to subsection (a) addresses the following 
criteria: 
(1) Minimize overhead costs associated with obtaining such 
insurance, such as direct or indirect costs for contract manage-
ment and contract administration. 
(2) Minimize costs for coverage of such insurance consistent 
with realistic assumptions regarding the likelihood of incurred 
claims by contractors of the Department. 
(3) Provide for a correlation of premiums paid in relation 
to claims incurred that is modeled on best practices in govern-
ment and industry for similar kinds of insurance. 
(4) Provide for a low level of risk to the Department. 
(5) Provide for a competitive marketplace for insurance 
required by the Defense Base Act to the maximum extent 
practicable. 
(c) OPTIONS.—In adopting the acquisition strategy pursuant 
to subsection (a), the Secretary shall consider such options 
(including entering into a single Defense Base Act insurance con-
tract) as the Secretary deems to best satisfy the criteria identified 
under subsection (b). 
(d) REPORT.—(1) Not later than 270 days after the date of 
enactment of this Act, the Secretary shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives, 
the Committee on Homeland Security and Governmental Affairs 
of the Senate, and the Committee on Oversight and Government 
Reform of the House of Representatives a report on the acquisition 
strategy adopted pursuant to subsection (a). 
(2) The report shall include a discussion of each of the options 
considered pursuant to subsection (c) and the extent to which each 
option addresses the criteria identified under subsection (b), and 
shall include a plan to implement within 18 months after the 
date of enactment of this Act the acquisition strategy adopted 
by the Secretary. 
(e) REVIEW OF ACQUISITION STRATEGY.—As considered appro-
priate by the Secretary, but not less often than once every 3 years, 
the Secretary shall review and, as necessary, update the acquisition 
strategy adopted pursuant to subsection (a) to ensure that it best 
addresses the criteria identified under subsection (b). 
SEC. 844. REPORT ON USE OF OFF-SHORE SUBSIDIARIES BY DEFENSE 
CONTRACTORS. 
(a) REPORT REQUIRED.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall provide 
a report to the Committees on Armed Services of the Senate and 
the House of Representatives on the use of off-shore subsidiaries 
by contractors of the Department of Defense. 
(b) MATTERS
COVERED.—The report shall comprehensively 
examine the rationale, implications, and costs and benefits for both 
Deadline. 
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122 STAT. 4541 
PUBLIC LAW 110–417—OCT. 14, 2008 
the contractor and the Department of Defense in using off-shore 
subsidiaries, particularly in respect to— 
(1) tax liability (including corporate income taxes and pay-
roll taxes); 
(2) legal liability; 
(3) compliance with cost accounting standards; 
(4) efficiency in contract performance; 
(5) contract management and contract oversight; and 
(6) such other areas as the Comptroller General determines 
appropriate. 
SEC. 845. DEFENSE INDUSTRIAL SECURITY. 
(a) DEFENSE INDUSTRIAL SECURITY.— 
(1) IN GENERAL.—Subchapter I of chapter 21 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 438. Defense industrial security 
‘‘(a) RESPONSIBILITY FOR DEFENSE INDUSTRIAL SECURITY.—The 
Secretary of Defense shall be responsible for the protection of classi-
fied information disclosed to contractors of the Department of 
Defense. 
‘‘(b) CONSISTENCY WITH EXECUTIVE ORDERS AND DIRECTIVES.— 
The Secretary shall carry out the responsibility assigned under 
subsection (a) in a manner consistent with Executive Order 12829 
(or any successor order to such executive order) and consistent 
with policies relating to the National Industrial Security Program 
(or any successor to such program). 
‘‘(c) PERFORMANCE OF INDUSTRIAL SECURITY FUNCTIONS FOR 
OTHER AGENCIES.—The Secretary may perform industrial security 
functions for other agencies of the Federal government upon request 
or upon designation of the Department of Defense as executive 
agent for the National Industrial Security Program (or any successor 
to such program). 
‘‘(d) REGULATIONS AND POLICY GUIDANCE.—The Secretary shall 
prescribe, and from time to time revise, such regulations and policy 
guidance as are necessary to ensure the protection of classified 
information disclosed to contractors of the Department of Defense. 
‘‘(e) DEDICATION OF RESOURCES.—The Secretary shall ensure 
that sufficient resources are provided to staff, train, and support 
such personnel as are necessary to fully protect classified informa-
tion disclosed to contractors of the Department of Defense. 
‘‘(f) BIENNIAL REPORT.—The Secretary shall report biennially 
to the congressional defense committees on expenditures and activi-
ties of the Department of Defense in carrying out the requirements 
of this section. The Secretary shall submit the report at or about 
the same time that the President’s budget is submitted pursuant 
to section 1105(a) of title 31, United States Code, in odd numbered 
years. The report shall be in an unclassified form (with a classified 
annex if necessary) and shall cover the activities of the Department 
of Defense in the preceding two fiscal years, including the following: 
‘‘(1) The workforce responsible for carrying out the require-
ments of this section, including the number and experience 
of such workforce; training in the performance of industrial 
security functions; performance metrics; and resulting assess-
ment of overall quality. 
Classified 
information. 
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122 STAT. 4542 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(2) A description of funds authorized, appropriated, or 
reprogrammed to carry out the requirements of this section, 
the budget execution of such funds, and the adequacy of budgets 
provided for performing such purpose. 
‘‘(3) Statistics on the number of contractors handling classi-
fied information of the Department of Defense, and the percent-
age of such contractors who are subject to foreign ownership, 
control, or influence. 
‘‘(4) Statistics on the number of violations identified, 
enforcement actions taken, and the percentage of such viola-
tions occurring at facilities of contractors subject to foreign 
ownership, control, or influence. 
‘‘(5) An assessment of whether major contractors imple-
menting the program have adequate enforcement programs 
and have trained their employees adequately in the require-
ments of the program. 
‘‘(6) Trend data on attempts to compromise classified 
information disclosed to contractors of the Department of 
Defense to the extent that such data are available.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter I of chapter 21 of title 10, United 
States Code, is amended by adding at the end the following 
new item: 
‘‘438. Defense industrial security.’’. 
(b) SUBMISSION OF FIRST BIENNIAL REPORT.—Notwithstanding 
the deadline in subsection (f) of section 438 of title 10, United 
States Code, as added by this section, the first biennial report 
submitted after the date of the enactment of this Act pursuant 
to such subsection shall be submitted not later than September 
1, 2009, and shall address the period from the date of the enactment 
of this Act to the issuance of such report. 
(c) REPORT
ON IMPROVING INDUSTRIAL SECURITY.—Not later 
than March 1, 2009, the Secretary of Defense shall submit to 
the congressional defense committees a report on improving indus-
trial security, including, at a minimum, the following: 
(1) The actions taken or actions planned to implement 
the recommendations of the Comptroller General as embodied 
in the report entitled ‘‘Industrial Security: DOD Cannot Ensure 
Its Oversight of Contractors Under Foreign Influence Is Suffi-
cient’’ (GAO-05-681; July 2005). 
(2) Other actions taken or action planned to improve indus-
trial security. 
(3) An analysis of the impact of emerging financial arrange-
ments such as sovereign wealth funds, hedge funds, and other 
new financial debt and credit arrangements on the Depart-
ment’s ability to identify and mitigate foreign ownership, con-
trol, or influence. 
(4) Any recommendations of the Secretary for modifying 
regulations and policy guidance prescribed pursuant to section 
438(d) of title 10, United States Code, or other regulations 
or policy guidance addressing industrial security, to extend 
best practices for industrial security across the broadest pos-
sible range of defense contractors, and to improve industrial 
security generally. 
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122 STAT. 4543 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle F—Matters Relating to Iraq and 
Afghanistan 
SEC. 851. CLARIFICATION AND MODIFICATION OF AUTHORITIES 
RELATING TO THE COMMISSION ON WARTIME CON-
TRACTING IN IRAQ AND AFGHANISTAN. 
(a) NATURE OF COMMISSION.—Subsection (a) of section 841 of 
the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 230) is amended by inserting ‘‘in the legisla-
tive branch’’ after ‘‘There is hereby established’’. 
(b) PAY AND ANNUITIES OF MEMBERS AND STAFF ON FEDERAL 
REEMPLOYMENT.—Subsection (e) of such is amended by adding at 
the end the following new paragraph: 
‘‘(8) PAY AND ANNUITIES OF MEMBERS AND STAFF ON FED-
ERAL
REEMPLOYMENT.—If 
warranted 
by 
circumstances 
described in subparagraph (A) or (B) of section 8344(i)(1) of 
title 5, United States Code, or by circumstances described in 
subparagraph (A) or (B) of section 8468(f)(1) of such title, as 
applicable, a co-chairman of the Commission may exercise, 
with respect to the members and staff of the Commission, 
the same waiver authority as would be available to the Director 
of the Office of Personnel Management under such section.’’. 
(c) EFFECTIVE DATE.— 
(1) NATURE
OF
COMMISSION.—The amendment made by 
subsection (a) shall take effect as of January 28, 2008, as 
if included in the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2008. 
(2) PAY AND ANNUITIES.—The amendment made by sub-
section (b) shall apply to members and staff of the Commission 
on Wartime Contracting in Iraq and Afghanistan appointed 
or employed, as the case may be, on or after that date. 
SEC. 852. COMPREHENSIVE AUDIT OF SPARE PARTS PURCHASES AND 
DEPOT OVERHAUL AND MAINTENANCE OF EQUIPMENT 
FOR OPERATIONS IN IRAQ AND AFGHANISTAN. 
(a) AUDITS REQUIRED.—The Army Audit Agency, the Navy 
Audit Service, and the Air Force Audit Agency shall each conduct 
thorough audits to identify potential waste, fraud, and abuse in 
the performance of the following: 
(1) Department of Defense contracts, subcontracts, and task 
and delivery orders for— 
(A) depot overhaul and maintenance of equipment for 
the military in Iraq and Afghanistan; and 
(B) spare parts for military equipment used in Iraq 
and Afghanistan; and 
(2) Department of Defense in-house overhaul and mainte-
nance of military equipment used in Iraq and Afghanistan. 
(b) COMPREHENSIVE AUDIT PLAN.— 
(1) PLANS.—The Army Audit Agency, the Navy Audit 
Service, and the Air Force Audit Agency shall, in coordination 
with the Inspector General of the Department of Defense, 
develop a comprehensive plan for a series of audits to discharge 
the requirements of subsection (a). 
(2) INCORPORATION INTO REQUIRED AUDIT PLAN.—The plan 
developed under paragraph (1) shall be submitted to the 
Applicability. 
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122 STAT. 4544 
PUBLIC LAW 110–417—OCT. 14, 2008 
Inspector General of the Department of Defense for incorpora-
tion into the audit plan required by section 842(b)(1) of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 234; 10 U.S.C. 2302 note). 
(c) INDEPENDENT CONDUCT OF AUDIT FUNCTIONS.—All audit 
functions performed under this section, including audit planning 
and coordination, shall be performed in an independent manner. 
(d) AVAILABILITY OF RESULTS.—All audit reports resulting from 
audits under this section shall be made available to the Commission 
on Wartime Contracting in Iraq and Afghanistan established pursu-
ant to section 841 of the National Defense Authorization Act for 
Fiscal Year 2008 (122 Stat. 230). 
(e) CONSTRUCTION.—Nothing in this section shall be construed 
to require any agency of the Federal Government to duplicate 
audit work that an agency of the Federal Government has already 
performed. 
SEC. 853. ADDITIONAL MATTERS REQUIRED TO BE REPORTED BY CON-
TRACTORS PERFORMING SECURITY FUNCTIONS IN AREAS 
OF COMBAT OPERATIONS. 
Section 862 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 254; 10 U.S.C. 2302 
note) is amended— 
(1) in subsection (a)(2)(D)— 
(A) by striking ‘‘or’’ at the end of clause (ii); and 
(B) by inserting after clause (iii) the following new 
clauses: 
‘‘(iv) a weapon is discharged against personnel per-
forming private security functions in an area of combat 
operations or personnel performing such functions 
believe a weapon was so discharged; or 
‘‘(v) active, non-lethal countermeasures (other than 
the discharge of a weapon) are employed by the per-
sonnel performing private security functions in an area 
of combat operations in response to a perceived imme-
diate threat to such personnel;’’; and 
(2) in subsection (b)(2)(B) in the matter preceding clause 
(i)— 
(A) by inserting ‘‘comply with and’’ before ‘‘ensure’’; 
and 
(B) by striking ‘‘comply with—’’ and inserting ‘‘act in 
accordance with—’’. 
SEC. 854. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPON-
SIBILITIES 
RELATING 
TO 
ALLEGED 
CRIMES 
BY 
OR 
AGAINST 
CONTRACTOR 
PERSONNEL 
IN 
IRAQ 
AND 
AFGHANISTAN. 
(a) IN
GENERAL.—Section 861(b) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 253; 10 U.S.C. 2302 note) is amended by adding the following 
new paragraphs: 
‘‘(7) Mechanisms for ensuring that contractors are required 
to report offenses described in paragraph (6) that are alleged 
to have been committed by or against contractor personnel 
to appropriate investigative authorities. 
‘‘(8) Responsibility for providing victim and witness protec-
tion and assistance to contractor personnel in connection with 
alleged offenses described in paragraph (6). 
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122 STAT. 4545 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(9) Development of a requirement that a contractor shall 
provide to all contractor personnel who will perform work on 
a contract in Iraq or Afghanistan, before beginning such work, 
information on the following: 
‘‘(A) How and where to report an alleged offense 
described in paragraph (6). 
‘‘(B) Where to seek the assistance required by para-
graph (8).’’. 
(b) IMPLEMENTATION.— 
(1) THROUGH
MEMORANDUM
OF
UNDERSTANDING.—The 
memorandum of understanding required by section 861(a) of 
the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 253; 10 U.S.C. 2302 note) 
shall be modified to address the requirements under the amend-
ment made by subsection (a) not later than 120 days after 
the date of the enactment of this Act. 
(2) AS CONDITION OF CURRENT AND FUTURE CONTRACTS.— 
The requirements under the amendment made by subsection 
(a) shall be included in each contract in Iraq or Afghanistan 
(as defined in section 864(a)(2) of Public Law 110–181; 2302 
note) awarded on or after the date that is 180 days after 
the date of the enactment of this Act. Federal agencies shall 
make best efforts to provide for the inclusion of such require-
ments in covered contracts awarded before such date. 
(c) REPORTING REQUIREMENT.—Beginning not later than 270 
days after the date of the enactment of this Act, the Secretary 
of Defense shall make publicly available a numerical accounting 
of alleged offenses described in section 861(b)(6) of Public Law 
110–181 that have been reported under that section that occurred 
after the date of the enactment of this Act. The information shall 
be updated no less frequently than semi-annually. 
(d) DEFINITIONS.—Section 864(a) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 253; 10 U.S.C. 2302 note) is amended— 
(1) by redesignating paragraphs (5) and (6) as paragraphs 
(6) and (7), respectively; and 
(2) by inserting after paragraph (4) the following new para-
graph: 
‘‘(5) CONTRACTOR PERSONNEL.—The term ‘contractor per-
sonnel’ means any person performing work under contract for 
the Department of Defense, the Department of State, or the 
United States Agency for International Development, in Iraq 
or Afghanistan, including individuals and subcontractors at 
any tier.’’. 
SEC. 855. SUSPENSION OF STATUTES OF LIMITATIONS WHEN CON-
GRESS AUTHORIZES THE USE OF MILITARY FORCE. 
Section 3287 of title 18, United States Code, is amended— 
(1) by inserting ‘‘or Congress has enacted a specific 
authorization for the use of the Armed Forces, as described 
in section 5(b) of the War Powers Resolution (50 U.S.C. 
1544(b)),’’ after ‘‘is at war’’; 
(2) by inserting ‘‘or directly connected with or related to 
the authorized use of the Armed Forces’’ after ‘‘prosecution 
of the war’’; 
(3) by striking ‘‘three years’’ and inserting ‘‘5 years’’; 
Deadline. 
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122 STAT. 4546 
PUBLIC LAW 110–417—OCT. 14, 2008 
(4) by striking ‘‘proclaimed by the President’’ and inserting 
‘‘proclaimed by a Presidential proclamation, with notice to Con-
gress,’’; and 
(5) by adding at the end the following: ‘‘For purposes of 
applying such definitions in this section, the term ‘war’ includes 
a specific authorization for the use of the Armed Forces, as 
described in section 5(b) of the War Powers Resolution (50 
U.S.C. 1544(b)).’’. 
Subtitle G—Governmentwide Acquisition 
Improvements 
SEC. 861. SHORT TITLE. 
This subtitle may be cited as the ‘‘Clean Contracting Act of 
2008’’. 
SEC. 862. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE 
CONTRACTS. 
(a) CIVILIAN AGENCY CONTRACTS.—Section 303(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253(d)) 
is amended by adding at the end the following new paragraph: 
‘‘(3)(A) The contract period of a contract described in subpara-
graph (B) that is entered into by an executive agency pursuant 
to the authority provided under subsection (c)(2)— 
‘‘(i) may not exceed the time necessary— 
‘‘(I) to meet the unusual and compelling requirements 
of the work to be performed under the contract; and 
‘‘(II) for the executive agency to enter into another 
contract for the required goods or services through the 
use of competitive procedures; and 
‘‘(ii) may not exceed one year unless the head of the execu-
tive agency entering into such contract determines that excep-
tional circumstances apply. 
‘‘(B) This paragraph applies to any contract in an amount 
greater than the simplified acquisition threshold.’’. 
(b) DEFENSE CONTRACTS.—Section 2304(d) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph: 
‘‘(3)(A) The contract period of a contract described in subpara-
graph (B) that is entered into by an agency pursuant to the 
authority provided under subsection (c)(2)— 
‘‘(i) may not exceed the time necessary— 
‘‘(I) to meet the unusual and compelling requirements 
of the work to be performed under the contract; and 
‘‘(II) for the agency to enter into another contract for 
the required goods or services through the use of competi-
tive procedures; and 
‘‘(ii) may not exceed one year unless the head of the agency 
entering into such contract determines that exceptional cir-
cumstances apply. 
‘‘(B) This paragraph applies to any contract in an amount 
greater than the simplified acquisition threshold.’’. 
Applicability. 
Applicability. 
Clean 
Contracting 
Act of 2008. 
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122 STAT. 4547 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 863. REQUIREMENTS FOR PURCHASE OF PROPERTY AND SERV-
ICES PURSUANT TO MULTIPLE AWARD CONTRACTS. 
(a) REGULATIONS REQUIRED.—Not later than one year after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be amended to require enhanced competition in 
the purchase of property and services by all executive agencies 
pursuant to multiple award contracts. 
(b) CONTENT OF REGULATIONS.— 
(1) IN GENERAL.—The regulations required by subsection 
(a) shall provide, at a minimum, that each individual purchase 
of property or services in excess of the simplified acquisition 
threshold that is made under a multiple award contract shall 
be made on a competitive basis unless a contracting officer— 
(A) waives the requirement on the basis of a determina-
tion that— 
(i) one of the circumstances described in para-
graphs (1) through (4) of section 303J(b) of the Federal 
Property and Administrative Services Act of 1949 (41 
U.S.C. 253j(b)) or section 2304c(b) of title 10, United 
States Code, applies to such individual purchase; or 
(ii) a law expressly authorizes or requires that 
the purchase be made from a specified source; and 
(B) justifies the determination in writing. 
(2) COMPETITIVE BASIS PROCEDURES.—For purposes of this 
subsection, an individual purchase of property or services is 
made on a competitive basis only if it is made pursuant to 
procedures that— 
(A) except as provided in paragraph (3), require fair 
notice of the intent to make that purchase (including a 
description of the work to be performed and the basis 
on which the selection will be made) to be provided to 
all contractors offering such property or services under 
the multiple award contract; and 
(B) afford all contractors responding to the notice a 
fair opportunity to make an offer and have that offer fairly 
considered by the official making the purchase. 
(3) EXCEPTION TO NOTICE REQUIREMENT.— 
(A) IN GENERAL.—Notwithstanding paragraph (2), and 
subject to subparagraph (B), notice may be provided to 
fewer than all contractors offering such property or services 
under a multiple award contract as described in subsection 
(d)(2)(A) if notice is provided to as many contractors as 
practicable. 
(B) LIMITATION ON EXCEPTION.—A purchase may not 
be made pursuant to a notice that is provided to fewer 
than all contractors under subparagraph (A) unless— 
(i) offers were received from at least 3 qualified 
contractors; or 
(ii) a contracting officer of the executive agency 
determines in writing that no additional qualified con-
tractors were able to be identified despite reasonable 
efforts to do so. 
(c) PUBLIC NOTICE REQUIREMENTS RELATED TO SOLE SOURCE 
TASK OR DELIVERY ORDERS.— 
Deadline. 
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122 STAT. 4548 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) PUBLIC
NOTICE
REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Federal Acquisi-
tion Regulation shall be amended to require the head of each 
executive agency to— 
(A) publish on FedBizOpps notice of all sole source 
task or delivery orders in excess of the simplified acquisi-
tion threshold that are placed against multiple award con-
tracts not later than 14 days after such orders are placed, 
except in the event of extraordinary circumstances or classi-
fied orders; and 
(B) disclose the determination required by subsection 
(b)(1) related to sole source task or delivery orders in 
excess of the simplified acquisition threshold placed against 
multiple award contracts through the same mechanism 
and to the same extent as the disclosure of documents 
containing a justification and approval required by section 
2304(f)(1) of title 10, United States Code, and section 
303(f)(1) of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253(f)(1)), except in the event 
of extraordinary circumstances or classified orders. 
(2) EXEMPTION.—This subsection does not require the 
public availability of information that is exempt from public 
disclosure under section 552(b) of title 5, United States Code. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘executive agency’’ has the meaning given 
such term in section 4(1) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(1)). 
(2) The term ‘‘individual purchase’’ means a task order, 
delivery order, or other purchase. 
(3) The term ‘‘multiple award contract’’ means— 
(A) a contract that is entered into by the Administrator 
of General Services under the multiple award schedule 
program referred to in section 2302(2)(C) of title 10, United 
States Code; 
(B) a multiple award task order contract that is entered 
into under the authority of sections 2304a through 2304d 
of title 10, United States Code, or sections 303H through 
303K of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253h through 253k); and 
(C) any other indefinite delivery, indefinite quantity 
contract that is entered into by the head of an executive 
agency with 2 or more sources pursuant to the same solici-
tation. 
(4) The term ‘‘sole source task or delivery order’’ means 
any order that does not follow the competitive procedures in 
subsection (b)(2) or (b)(3). 
(e) APPLICABILITY.—The regulations required by subsection (a) 
shall apply to all individual purchases of property or services that 
are made under multiple award contracts on or after the effective 
date of such regulations, without regard to whether the multiple 
award contracts were entered into before, on, or after such effective 
date. 
(f) REPEAL
OF REDUNDANT PROVISION.—Section 803 of the 
National Defense Authorization Act for Fiscal Year 2002 (Public 
Law 107–107; 10 U.S.C. 2304 note) is repealed. 
Publication. 
Deadline. 
Deadline. 
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122 STAT. 4549 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 864. REGULATIONS ON THE USE OF COST-REIMBURSEMENT CON-
TRACTS. 
(a) IN GENERAL.—Not later than 270 days after the date of 
the enactment of this Act, the Federal Acquisition Regulation shall 
be revised to address the use of cost-reimbursement contracts. 
(b) CONTENT.—The regulations promulgated under subsection 
(a) shall include, at a minimum, guidance regarding— 
(1) when and under what circumstances cost-reimburse-
ment contracts are appropriate; 
(2) the acquisition plan findings necessary to support a 
decision to use cost-reimbursement contracts; and 
(3) the acquisition workforce resources necessary to award 
and manage cost-reimbursement contracts. 
(c) INSPECTOR GENERAL REVIEW.—Not later than one year after 
the regulations required by subsection (a) are promulgated, the 
Inspector General for each executive agency shall review the use 
of cost-reimbursement contracts by such agency for compliance with 
such regulations and shall include the results of the review in 
the Inspector General’s next semiannual report. 
(d) REPORT.—Subject to subsection (f), the Director of the Office 
of Management and Budget shall submit an annual report to 
Congressional committees identified in subsection (e) on the use 
of cost-reimbursement contracts and task or delivery orders by 
all executive agencies. The report shall be submitted no later than 
March 1 and shall cover the fiscal year ending September 30 of 
the prior year. The report shall include— 
(1) the total number and value of contracts awarded and 
orders issued during the covered fiscal year; 
(2) the total number and value of cost-reimbursement con-
tracts awarded and orders issued during the covered fiscal 
year; and 
(3) an assessment of the effectiveness of the regulations 
promulgated pursuant to subsection (a) in ensuring the appro-
priate use of cost-reimbursement contracts. 
(e) 
CONGRESSIONAL
COMMITTEES
DEFINED.—The 
report 
required by subsection (d) shall be submitted to the Committee 
on Oversight and Government Reform of the House of Representa-
tives; the Committee on Homeland Security and Governmental 
Affairs of the Senate; the Committees on Appropriations of the 
House of Representatives and the Senate; and, in the case of the 
Department of Defense and the Department of Energy, the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives. 
(f) REQUIREMENTS LIMITED TO CERTAIN AGENCIES AND YEARS.— 
(1) AGENCIES.—The requirement in subsection (c) shall 
apply only to those executive agencies that awarded contracts 
or issued orders (under contracts previously awarded) in a 
total amount of at least $1,000,000,000 in the fiscal year pro-
ceeding the fiscal year in which the assessments and reports 
are submitted. 
(2) YEARS.—The report required by subsection (d) shall 
be submitted from March 1, 2009, until March 1, 2014. 
(g) EXECUTIVE AGENCY DEFINED.—In this section, the term 
‘‘executive agency’’ has the meaning given such term in section 
4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(1)). 
Time period. 
Applicability. 
Deadline. 
Deadline. 
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122 STAT. 4550 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 865. PREVENTING ABUSE OF INTERAGENCY CONTRACTS. 
(a) OFFICE OF MANAGEMENT AND BUDGET POLICY GUIDANCE.— 
(1) REPORT AND GUIDELINES.—Not later than one year after 
the date of the enactment of this Act, the Director of the 
Office of Management and Budget shall— 
(A) submit to Congress a comprehensive report on 
interagency acquisitions, including their frequency of use, 
management controls, cost-effectiveness, and savings gen-
erated; and 
(B) issue guidelines to assist the heads of executive 
agencies in improving the management of interagency 
acquisitions. 
(2) MATTERS
COVERED
BY
GUIDELINES.—For purposes of 
paragraph (1)(B), the Director shall include guidelines on the 
following matters: 
(A) Procedures for the use of interagency acquisitions 
to maximize competition, deliver best value to executive 
agencies, and minimize waste, fraud, and abuse. 
(B) Categories of contracting inappropriate for inter-
agency acquisition. 
(C) Requirements for training acquisition workforce 
personnel in the proper use of interagency acquisitions. 
(b) REGULATIONS REQUIRED.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Federal Acquisition Regulation 
shall be revised to require that all interagency acquisitions— 
(A) 
include 
a 
written 
agreement 
between 
the 
requesting agency and the servicing agency assigning 
responsibility for the administration and management of 
the contract; 
(B) include a determination that an interagency 
acquisition is the best procurement alternative; and 
(C) include sufficient documentation to ensure an ade-
quate audit. 
(2) MULTI-AGENCY CONTRACTS.—Not later than one year 
after the date of the enactment of this Act, the Federal Acquisi-
tion Regulation shall be revised to require any multi-agency 
contract entered into by an executive agency after the effective 
date of such regulations to be supported by a business case 
analysis detailing the administration of such contract, including 
an analysis of all direct and indirect costs to the Federal 
Government of awarding and administering such contract and 
the impact such contract will have on the ability of the Federal 
Government to leverage its purchasing power. 
(c) AGENCY REPORTING REQUIREMENT.—The senior procurement 
executive for each executive agency shall, as directed by the Director 
of the Office of Management and Budget, submit to the Director 
annual reports on the actions taken by the executive agency pursu-
ant to the guidelines issued under subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘executive agency’’ has the meaning given 
such term in section 4(1) of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403(1)), except that, in the case of a 
military department, it means the Department of Defense. 
(2) The term ‘‘head of executive agency’’ means the head 
of an executive agency except that, in the case of a military 
department, the term means the Secretary of Defense. 
Deadline. 
Deadline. 
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122 STAT. 4551 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) The term ‘‘interagency acquisition’’ means a procedure 
by which an executive agency needing supplies or services 
(the requesting agency) obtains them from another executive 
agency (the servicing agency). The term includes acquisitions 
under section 1535 of title 31, United States Code (commonly 
referred to as the ‘‘Economy Act’’), Federal Supply Schedules 
above $500,000, and Governmentwide acquisition contracts. 
(4) The term ‘‘multi-agency contract’’ means a task or 
delivery order contract established for use by more than one 
executive agency to obtain supplies and services, consistent 
with section 1535 of title 31, United States Code (commonly 
referred to as the ‘‘Economy Act’’). 
SEC. 866. LIMITATIONS ON TIERING OF SUBCONTRACTORS. 
(a) REGULATIONS.—Not later than one year after the date of 
the enactment of this Act, the Federal Acquisition Regulation shall 
be amended, for executive agencies other than the Department 
of Defense, to minimize the excessive use by contractors of sub-
contractors, or of tiers of subcontractors, that add no or negligible 
value, and to ensure that neither a contractor nor a subcontractor 
receives indirect costs or profit on work performed by a lower- 
tier subcontractor to which the higher-tier contractor or subcon-
tractor adds no, or negligible, value (but not to limit charges for 
indirect costs and profit based on the direct costs of managing 
lower-tier subcontracts). 
(b) COVERED CONTRACTS.—This section applies to any cost- 
reimbursement type contract or task or delivery order in an amount 
greater than the simplified acquisition threshold (as defined by 
section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 
403)). 
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed as limiting the ability of the Department of Defense 
to implement more restrictive limitations on the tiering of sub-
contractors. 
(d) APPLICABILITY.—The Department of Defense shall continue 
to be subject to guidance on limitations on tiering of subcontractors 
issued by the Department pursuant to section 852 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2340). 
(e) EXECUTIVE AGENCY DEFINED.—In this section, the term 
‘‘executive agency’’ has the meaning given such term in section 
4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(1)). 
SEC. 867. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION 
OUTCOMES. 
(a) GUIDANCE FOR EXECUTIVE AGENCIES ON LINKING OF AWARD 
AND INCENTIVE FEES TO ACQUISITION OUTCOMES.—Not later than 
1 year after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be amended to provide executive agen-
cies other than the Department of Defense with instructions, 
including definitions, on the appropriate use of award and incentive 
fees in Federal acquisition programs. 
(b) ELEMENTS.—The regulations under subsection (a) shall— 
(1) ensure that all new contracts using award fees link 
such fees to acquisition outcomes (which shall be defined in 
terms of program cost, schedule, and performance); 
Deadline. 
Regulations. 
Deadline. 
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122 STAT. 4552 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) establish standards for identifying the appropriate level 
of officials authorized to approve the use of award and incentive 
fees in new contracts; 
(3) provide guidance on the circumstances in which con-
tractor performance may be judged to be ‘‘excellent’’ or ‘‘supe-
rior’’ and the percentage of the available award fee which 
contractors should be paid for such performance; 
(4) establish standards for determining the percentage of 
the available award fee, if any, which contractors should be 
paid for performance that is judged to be ‘‘acceptable’’, ‘‘aver-
age’’, ‘‘expected’’, ‘‘good’’, or ‘‘satisfactory’’; 
(5) ensure that no award fee may be paid for contractor 
performance that is judged to be below satisfactory performance 
or performance that does not meet the basic requirements 
of the contract; 
(6) provide specific direction on the circumstances, if any, 
in which it may be appropriate to roll over award fees that 
are not earned in one award fee period to a subsequent award 
fee period or periods; 
(7) ensure consistent use of guidelines and definitions 
relating to award and incentive fees across the Federal Govern-
ment; 
(8) ensure that each executive agency— 
(A) collects relevant data on award and incentive fees 
paid to contractors; and 
(B) has mechanisms in place to evaluate such data 
on a regular basis; 
(9) include performance measures to evaluate the effective-
ness of award and incentive fees as a tool for improving con-
tractor performance and achieving desired program outcomes; 
and 
(10) provide mechanisms for sharing proven incentive 
strategies for the acquisition of different types of products 
and services among contracting and program management offi-
cials. 
(c) GUIDANCE FOR DEPARTMENT OF DEFENSE.—The Department 
of Defense shall continue to be subject to guidance on award and 
incentive fees issued by the Secretary of Defense pursuant to section 
814 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2321). 
(d) EXECUTIVE AGENCY DEFINED.—In this section, the term 
‘‘executive agency’’ has the meaning given such term in section 
4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 
403(1)). 
SEC. 868. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM 
AUTHORITY. 
(a) REGULATIONS REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be amended with respect to the procurement of 
commercial services. 
(b) APPLICABILITY OF COMMERCIAL PROCEDURES.— 
(1) SERVICES OF A TYPE SOLD IN MARKETPLACE.—The regula-
tions modified pursuant to subsection (a) shall ensure that 
services that are not offered and sold competitively in substan-
tial quantities in the commercial marketplace, but are of a 
type offered and sold competitively in substantial quantities 
Deadline. 
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122 STAT. 4553 
PUBLIC LAW 110–417—OCT. 14, 2008 
in the commercial marketplace, may be treated as commercial 
items for purposes of section 254b of title 41, United States 
Code (relating to truth in negotiations), only if the contracting 
officer determines in writing that the offeror has submitted 
sufficient information to evaluate, through price analysis, the 
reasonableness of the price for such services. 
(2) INFORMATION SUBMITTED.—To the extent necessary to 
make a determination under paragraph (1), the contracting 
officer may request the offeror to submit— 
(A) prices paid for the same or similar commercial 
items under comparable terms and conditions by both 
government and commercial customers; and 
(B) if the contracting officer determines that the 
information described in subparagraph (A) is not sufficient 
to determine the reasonableness of price, other relevant 
information regarding the basis for price or cost, including 
information on labor costs, material costs, and overhead 
rates. 
SEC. 869. ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN. 
(a) PURPOSE.—The purpose of this section is to authorize the 
preparation and completion of a plan (to be known as the ‘‘Acquisi-
tion Workforce Development Strategic Plan’’) for Federal agencies 
other than the Department of Defense to develop a specific and 
actionable 5-year plan to increase the size of the acquisition 
workforce, and to operate a government-wide acquisition intern 
program, for such Federal agencies. 
(b) ESTABLISHMENT OF PLAN.—The Associate Administrator for 
Acquisition Workforce Programs designated under section 855(a) 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 251; 41 U.S.C. 433(a)) shall be 
responsible for the management, oversight, and administration of 
the Acquisition Workforce Development Strategic Plan in coopera-
tion and consultation with the Office of Federal Procurement Policy 
and the assistance of the Federal Acquisition Institute. 
(c) CRITERIA.—The Acquisition Workforce Development Stra-
tegic Plan shall include, at a minimum, an examination of the 
following matters: 
(1) The variety and complexity of acquisitions conducted 
by each Federal agency covered by the plan, and the workforce 
needed to effectively carry out such acquisitions. 
(2) The development of a sustainable funding model to 
support efforts to hire, retain, and train an acquisition 
workforce of appropriate size and skill to effectively carry out 
the acquisition programs of the Federal agencies covered by 
the plan, including an examination of interagency funding 
methods and a discussion of how the model of the Defense 
Acquisition Workforce Development Fund could be applied to 
civilian agencies. 
(3) Any strategic human capital planning necessary to hire, 
retain, and train an acquisition workforce of appropriate size 
and skill at each Federal agency covered by the plan. 
(4) Methodologies that Federal agencies covered by the 
plan can use to project future acquisition workforce personnel 
hiring requirements, including an appropriate distribution of 
such personnel across each category of positions designated 
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122 STAT. 4554 
PUBLIC LAW 110–417—OCT. 14, 2008 
as acquisition workforce personnel under section 37(j) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 433(j)). 
(5) Government-wide training standards and certification 
requirements necessary to enhance the mobility and career 
opportunities of the Federal acquisition workforce within the 
Federal agencies covered by the plan. 
(6) If the Associate Administrator recommends as part 
of the plan a growth in the acquisition workforce of the Federal 
agencies covered by the plan below 25 percent over the next 
5 years, an examination of each of the matters specified in 
paragraphs (1) through (5) in the context of a 5-year plan 
that increases the size of such acquisition workforce by not 
less than 25 percent, or an explanation why such a level of 
growth would not be in the best interest of the Federal Govern-
ment. 
(d) DEADLINE
FOR COMPLETION.—The Acquisition Workforce 
Development Strategic Plan shall be completed not later than one 
year after the date of the enactment of this Act and in a fashion 
that allows for immediate implementation of its recommendations 
and guidelines. 
(e) FUNDS.—The Acquisition Workforce Development Strategic 
Plan shall be funded from the Acquisition Workforce Training Fund 
under section 37(h)(3) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 433(h)(3)). 
SEC. 870. CONTINGENCY CONTRACTING CORPS. 
(a) ESTABLISHMENT.—The Office of Federal Procurement Policy 
Act (41 U.S.C. 403 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 44. CONTINGENCY CONTRACTING CORPS. 
‘‘(a) ESTABLISHMENT.—The Administrator of General Services, 
pursuant to policies established by the Office of Management and 
Budget, and in consultation with the Secretary of Defense and 
the Secretary of Homeland Security, shall establish a Government-
wide Contingency Contracting Corps (in this section referred to 
as the ‘Corps’). The members of the Corps shall be available for 
deployment in responding to an emergency or major disaster, or 
a contingency operation, both within or outside the continental 
United States. 
‘‘(b) APPLICABILITY.—The authorities provided in this section 
apply with respect to any procurement of property or services 
by or for an executive agency that, as determined by the head 
of such executive agency, are to be used— 
‘‘(1) in support of a contingency operation as defined in 
section 101(a)(13) of title 10, United States Code; or 
‘‘(2) to respond to an emergency or major disaster as defined 
in section 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122). 
‘‘(c) MEMBERSHIP.—Membership in the Corps shall be voluntary 
and open to all Federal employees and members of the Armed 
Forces who are members of the Federal acquisition workforce. 
‘‘(d) EDUCATION
AND TRAINING.—The Administrator may, in 
consultation with the Director of the Federal Acquisition Institute 
and the Chief Acquisition Officers Council, establish educational 
and training requirements for members of the Corps. Education 
and training carried out pursuant to such requirements shall be 
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122 STAT. 4555 
PUBLIC LAW 110–417—OCT. 14, 2008 
paid for from funds available in the acquisition workforce training 
fund established pursuant to section 37(h)(3) of this Act. 
‘‘(e) SALARY.—The salary for a member of the Corps shall 
be paid— 
‘‘(1) in the case of a member of the Armed Forces, out 
of funds available to the Armed Force concerned; and 
‘‘(2) in the case of a Federal employee, out of funds available 
to the employing agency. 
‘‘(f) AUTHORITY TO DEPLOY THE CORPS.—(1) The Director of 
the Office of Management and Budget shall have the authority, 
upon request by an executive agency, to determine when members 
of the Corps shall be deployed, with the concurrence of the head 
of the agency or agencies employing the members to be deployed. 
‘‘(2) Nothing in this section shall preclude the Secretary of 
Defense or the Secretary’s designee from deploying members of 
the Armed Forces or civilian personnel of the Department of Defense 
in support of a contingency operation as defined in section 101(a)(13) 
of title 10, United States Code. 
‘‘(g) ANNUAL REPORT.— 
‘‘(1) IN GENERAL.—The Administrator of General Services 
shall provide to the Committee on Homeland Security and 
Governmental Affairs and the Committee on Armed Services 
of the Senate and the Committee on Oversight and Government 
Reform and the Committee on Armed Services of the House 
of Representatives an annual report on the status of the Contin-
gency Contracting Corps as of September 30 of each fiscal 
year. 
‘‘(2) CONTENT.—At a minimum, each report under para-
graph (1) shall include the number of members of the Contin-
gency Contracting Corps, the total cost of operating the pro-
gram, the number of deployments of members of the program, 
and the performance of members of the program in deploy-
ment.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for that Act 
(contained in section 1(b) of that Act) is amended by adding at 
the end the following new item: 
‘‘Sec. 44. Contingency Contracting Corps.’’. 
SEC. 871. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE TO CON-
TRACTOR EMPLOYEES. 
(a) CIVILIAN AGENCIES.—Section 304C of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 254d) is 
amended in subsection (c)(1) by inserting before the period the 
following: ‘‘and to interview any current employee regarding such 
transactions’’. 
(b) DEFENSE AGENCIES.—Section 2313 of title 10, United States 
Code, is amended in subsection (c)(1) by inserting before the period 
the following: ‘‘and to interview any current employee regarding 
such transactions’’. 
SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT 
OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS. 
(a) IN GENERAL.—Subject to the authority, direction, and control 
of the Director of the Office of Management and Budget, the 
Administrator of General Services shall establish, not later than 
one year after the date of the enactment of this Act, and maintain 
a database of information regarding the integrity and performance 
Deadline. 
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122 STAT. 4556 
PUBLIC LAW 110–417—OCT. 14, 2008 
of certain persons awarded Federal agency contracts and grants 
for use by Federal agency officials having authority over contracts 
and grants. 
(b) PERSONS COVERED.—The database shall cover the following: 
(1) Any person awarded a Federal agency contract or grant 
in excess of $500,000, if any information described in subsection 
(c) exists with respect to such person. 
(2) Any person awarded such other category or categories 
of Federal agency contract as the Federal Acquisition Regula-
tion may provide, if such information exists with respect to 
such person. 
(c) INFORMATION INCLUDED.—With respect to a covered person 
the database shall include information (in the form of a brief 
description) for the most recent 5-year period regarding the fol-
lowing: 
(1) Each civil or criminal proceeding, or any administrative 
proceeding, in connection with the award or performance of 
a contract or grant with the Federal Government with respect 
to the person during the period to the extent that such pro-
ceeding results in the following dispositions: 
(A) In a criminal proceeding, a conviction. 
(B) In a civil proceeding, a finding of fault and liability 
that results in the payment of a monetary fine, penalty, 
reimbursement, restitution, or damages of $5,000 or more. 
(C) In an administrative proceeding, a finding of fault 
and liability that results in— 
(i) the payment of a monetary fine or penalty 
of $5,000 or more; or 
(ii) the payment of a reimbursement, restitution, 
or damages in excess of $100,000. 
(D) To the maximum extent practicable and consistent 
with applicable laws and regulations, in a criminal, civil, 
or administrative proceeding, a disposition of the matter 
by consent or compromise with an acknowledgment of fault 
by the person if the proceeding could have led to any 
of the outcomes specified in subparagraph (A), (B), or (C). 
(2) Each Federal contract and grant awarded to the person 
that was terminated in such period due to default. 
(3) Each Federal suspension and debarment of the person 
in that period. 
(4) Each Federal administrative agreement entered into 
by the person and the Federal Government in that period 
to resolve a suspension or debarment proceeding. 
(5) Each final finding by a Federal official in that period 
that the person has been determined not to be a responsible 
source under subparagraph (C) or (D) of section 4(7) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 403(7)). 
(6) Such other information as shall be provided for purposes 
of this section in the Federal Acquisition Regulation. 
(7) To the maximum extent practical, information similar 
to the information covered by paragraphs (1) through (4) in 
connection with the award or performance of a contract or 
grant with a State government. 
(d) REQUIREMENTS RELATING TO INFORMATION IN DATABASE.— 
(1) DIRECT INPUT AND UPDATE.—The Administrator shall 
design and maintain the database in a manner that allows 
the appropriate Federal agency officials to directly input and 
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122 STAT. 4557 
PUBLIC LAW 110–417—OCT. 14, 2008 
update information in the database relating to actions such 
officials have taken with regard to contractors or grant recipi-
ents. 
(2) TIMELINESS AND ACCURACY.—The Administrator shall 
develop policies to require— 
(A) the timely and accurate input of information into 
the database; 
(B) the timely notification of any covered person when 
information relevant to the person is entered into the data-
base; and 
(C) opportunities for any covered person to submit 
comments pertaining to information about such person for 
inclusion in the database. 
(e) USE OF DATABASE.— 
(1) 
AVAILABILITY
TO
GOVERNMENT
OFFICIALS.—The 
Administrator shall ensure that the information in the database 
is available to appropriate acquisition officials of Federal agen-
cies, to such other government officials as the Administrator 
determines appropriate, and, upon request, to the Chairman 
and Ranking Member of the committees of Congress having 
jurisdiction. 
(2) REVIEW AND ASSESSMENT OF DATA.— 
(A) IN GENERAL.—Before awarding a contract or grant 
in excess of the simplified acquisition threshold under sec-
tion 4(11) of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403(11)), the Federal agency official responsible 
for awarding the contract or grant shall review the data-
base and shall consider all information in the database 
with regard to any offer or proposal, and, in the case 
of a contract, shall consider other past performance 
information available with respect to the offeror in making 
any responsibility determination or past performance 
evaluation for such offeror. 
(B) DOCUMENTATION IN CONTRACT FILE.—The contract 
file for each contract of a Federal agency in excess of 
the simplified acquisition threshold shall document the 
manner in which the material in the database was consid-
ered in any responsibility determination or past perform-
ance evaluation. 
(f) DISCLOSURE IN APPLICATIONS.—Not later than one year after 
the date of the enactment of this Act, the Federal Acquisition 
Regulation shall be amended to require that persons with Federal 
agency contracts and grants valued in total greater than 
$10,000,000 shall— 
(1) submit to the Administrator, in a manner determined 
appropriate by the Administrator, the information subject to 
inclusion in the database as listed in subsection (c) current 
as of the date of submittal of such information under this 
subsection; and 
(2) update such information on a semiannual basis. 
(g) RULEMAKING.—The Administrator shall promulgate such 
regulations as may be necessary to carry out this section. 
SEC. 873. ROLE OF INTERAGENCY COMMITTEE ON DEBARMENT AND 
SUSPENSION. 
(a) REQUIREMENT.—The Interagency Committee on Debarment 
and Suspension shall— 
31 USC 6101 
note. 
Deadline. 
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122 STAT. 4558 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) resolve issues regarding which of several Federal agen-
cies is the lead agency having responsibility to initiate suspen-
sion or debarment proceedings; 
(2) coordinate actions among interested agencies with 
respect to such action; 
(3) encourage and assist Federal agencies in entering into 
cooperative efforts to pool resources and achieve operational 
efficiencies in the Governmentwide suspension and debarment 
system; 
(4) recommend to the Office of Management and Budget 
changes to Government suspension and debarment system and 
its rules, if such recommendations are approved by a majority 
of the Interagency Committee; 
(5) authorize the Office of Management and Budget to 
issue guidelines that implement those recommendations; 
(6) authorize the chair of the Committee to establish sub-
committees as appropriate to best enable the Interagency Com-
mittee to carry out its functions; and 
(7) submit to Congress an annual report on— 
(A) the progress and efforts to improve the suspension 
and debarment system; 
(B) member agencies’ active participation in the 
committee’s work; and 
(C) a summary of each agency’s activities and accom-
plishments in the Governmentwide debarment system. 
(b) DEFINITION.—The term ‘‘Interagency Committee on Debar-
ment and Suspension’’ means such committee constituted under 
sections 4 and 5 and of Executive Order No. 12549. 
SEC. 874. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA 
SYSTEM. 
(a) ENHANCED TRANSPARENCY ON INTERAGENCY CONTRACTING 
AND OTHER TRANSACTIONS.—Not later than one year after the date 
of the enactment of this Act, the Director of the Office of Manage-
ment and Budget shall direct appropriate revisions to the Federal 
Procurement Data System or any successor system to facilitate 
the collection of complete, timely, and reliable data on interagency 
contracting actions and on transactions other than contracts, grants, 
and cooperative agreements issued pursuant to section 2371 of 
title 10, United States Code, or similar authorities. The Director 
shall ensure that data, consistent with what is collected for contract 
actions, is obtained on— 
(1) interagency contracting actions, including data at the 
task or delivery-order level; and 
(2) other transactions, including the initial award and any 
subsequent modifications awarded or orders issued (other than 
transactions that are reported through the Federal Assistance 
Awards Data System). 
(b) AMENDMENT.—Subsection (d) of section 19 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended 
to read as follows: 
‘‘(d) TRANSMISSION AND DATA ENTRY OF INFORMATION.—The 
head of each executive agency shall ensure the accuracy of the 
information included in the record established and maintained by 
such agency under subsection (a) and shall transmit in a timely 
manner such information to the General Services Administration 
Deadline. 
41 USC 405 note. 
Deadline. 
Reports. 
Guidelines. 
Recommenda- 
tions. 
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122 STAT. 4559 
PUBLIC LAW 110–417—OCT. 14, 2008 
for entry into the Federal Procurement Data System referred to 
in section 6(d)(4), or any successor system.’’. 
(c) REPORT TO CONGRESS.— 
(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of this Act, the Administrator of General 
Services shall submit to Congress a report. 
(2) CONTENTS OF REPORT.—The report shall contain the 
following: 
(A) A list of all databases that include information 
about Federal contracting and Federal grants. 
(B) 
Recommendations 
for 
further 
legislation 
or 
administrative action that the Administrator considers 
appropriate to create a centralized, comprehensive Federal 
contracting and Federal grant database. 
Subtitle H—Other Matters 
SEC. 881. EXPANSION OF AUTHORITY TO RETAIN FEES FROM 
LICENSING OF INTELLECTUAL PROPERTY. 
Section 2260 of title 10, United States Code, is amended— 
(1) in subsection (a), by inserting ‘‘or the Secretary of 
Homeland Security’’ after ‘‘Secretary of Defense’’; and 
(2) in subsection (f)— 
(A) by striking ‘‘(f) DEFINITIONS.—In this section, the’’ 
and inserting the following: 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(2) The term ‘Secretary concerned’ has the meaning pro-
vided in section 101(a)(9) of this title and also includes— 
‘‘(A) the Secretary of Defense, with respect to matters 
concerning the Defense Agencies and Department of 
Defense Field Activities; and 
‘‘(B) the Secretary of Homeland Security, with respect 
to matters concerning the Coast Guard when it is not 
operating as a service in the Department of the Navy.’’. 
SEC. 882. REPORT ON MARKET RESEARCH. 
Not later than October 1, 2009, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the implementation of 
section 826 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 10 U.S.C. 2377 note) and the 
amendments made by that section. The report shall address— 
(1) actions taken by the Department of Defense to imple-
ment the amendments made by section 826(a) of such Act 
to section 2377 of title 10, United States Code, with a particular 
focus on— 
(A) the guidance issued by the Department on the 
performance of market research; 
(B) the market research being performed pursuant to 
such guidance; and 
(C) the results of such guidance and market research; 
(2) training tools the Secretary of Defense has developed 
to assist contracting officials in performing market research 
in accordance with section 826(b) of such Act; 
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122 STAT. 4560 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) actions the Department of Defense intends to take 
to further implement such section 826 and the amendments 
made by that section, including dissemination of best practices 
and corrective actions where necessary; and 
(4) such other matters as the Secretary considers appro-
priate. 
SEC. 883. REPORT RELATING TO MUNITIONS. 
Not later than March 1, 2009, the Secretary of Defense shall 
submit to the congressional defense committees a report detailing 
how 60mm and 81mm munitions used by the Armed Forces are 
procured, including, where relevant, an explanation of the decision 
to procure such munitions from non-domestic sources and the jus-
tification for awarding contracts to non-domestic sources. 
SEC. 884. MOTOR CARRIER FUEL SURCHARGES. 
(a) PASS THROUGH TO COST BEARER.—The Secretary of Defense 
shall take appropriate actions to ensure that, to the maximum 
extent practicable, in all carriage contracts in which a fuel-related 
adjustment is provided for, any fuel-related adjustment is passed 
through to the person who bears the cost of the fuel that the 
adjustment relates to. 
(b) USE OF CONTRACT CLAUSE.—The actions taken by the Sec-
retary under subsection (a) shall include the insertion of a contract 
clause, with appropriate flow-down requirements, into all contracts 
with motor carriers, brokers, or freight forwarders providing or 
arranging truck transportation or services in which a fuel-related 
adjustment is provided for. 
(c) DISCLOSURE.—The Secretary shall publicly disclose any deci-
sion by the Department of Defense to pay fuel-related adjustments 
under contracts (or a category of contracts) covered by this section. 
(d) REPORT.—Not later than 270 days after the date of the 
enactment of this Act, the Secretary shall submit to the committees 
on Armed Services of the Senate and the House of Representatives 
a report on the actions taken in accordance with the requirements 
of subsection (a). 
SEC. 885. PROCUREMENT BY STATE AND LOCAL GOVERNMENTS OF 
EQUIPMENT FOR HOMELAND SECURITY AND EMERGENCY 
RESPONSE ACTIVITIES THROUGH THE DEPARTMENT OF 
DEFENSE. 
(a) EXPANSION OF PROCUREMENT AUTHORITY TO INCLUDE EQUIP-
MENT FOR HOMELAND SECURITY AND EMERGENCY RESPONSE ACTIVI-
TIES.— 
(1) PROCEDURES.—Subsection (a)(1) of section 381 of title 
10, United States Code, is amended— 
(A) in subsection (a)(1)— 
(i) in the matter preceding subparagraph (A)— 
(I) by striking ‘‘law enforcement’’; and 
(II) by inserting ‘‘, homeland security, and 
emergency response’’ after ‘‘counter-drug’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
inserting ‘‘, homeland security, or emergency 
response’’ after ‘‘counter-drug’’; and 
(II) in clause (i), by striking ‘‘law enforcement’’; 
(iii) in subparagraph (C), by striking ‘‘law enforce-
ment’’ each place it appears; and 
10 USC 2302 
note. 
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122 STAT. 4561 
PUBLIC LAW 110–417—OCT. 14, 2008 
(iv) in subparagraph (D), by striking ‘‘law enforce-
ment’’. 
(2) GSA CATALOG.—Subsection (c) of such section is 
amended— 
(A) by striking ‘‘law enforcement’’; and 
(B) by inserting ‘‘, homeland security, and emergency 
response’’ after ‘‘counter-drug’’. 
(3) DEFINITIONS.—Subsection (d) of such section is 
amended— 
(A) in paragraph (2), by inserting ‘‘or emergency 
response’’ after ‘‘law enforcement’’ both places it appears; 
and 
(B) in paragraph (3)— 
(i) by striking ‘‘law enforcement’’; 
(ii) by inserting ‘‘, homeland security, and emer-
gency response’’ after ‘‘counter-drug’’; and 
(iii) by inserting ‘‘and, in the case of equipment 
for homeland security activities, may not include any 
equipment that is not found on the Authorized Equip-
ment List published by the Department of Homeland 
Security’’ after ‘‘purposes’’. 
(b) CLERICAL AMENDMENTS.— 
(1) HEADING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘§ 381. Procurement of equipment by State and local govern-
ments through the Department of Defense: equip-
ment for counter-drug, homeland security, and 
emergency response activities’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 18 of such title is amended by striking the 
item relating to section 381 and inserting the following new 
item: 
‘‘381. Procurement of equipment by State and local governments through the De-
partment of Defense: equipment for counter-drug, homeland security, 
and emergency response activities.’’. 
SEC. 886. REVIEW OF IMPACT OF COVERED SUBSIDIES ON ACQUISI-
TION OF KC-45 AIRCRAFT. 
(a) REVIEW OF COVERED SUBSIDIES REQUIRED.—The Secretary 
of Defense, not later than 10 days after a ruling by the World 
Trade Organization that the United States, the European Union, 
or any political entity within the United States or the European 
Union, has provided a covered subsidy to a manufacturer of large 
commercial aircraft, shall begin a review, as described in subsection 
(b), of the impact of such covered subsidy on the source selection 
for the KC-45 Aerial Refueling Aircraft Program. 
(b) PERFORMANCE OF THE REVIEW.—In performing the review 
required by subsection (a), the Secretary of Defense shall consult 
with experts within the Department of Defense, the Office of 
Management and Budget, the Office of the United States Trade 
Representative, and other agencies and offices of the Federal 
Government, and with such other experts outside the Government 
as the Secretary considers appropriate, on the potential impact 
of a covered subsidy on the source selection process for the KC- 
45 Aerial Refueling Aircraft Program. 
Consultation. 
Deadline. 
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122 STAT. 4562 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) COMPLETION OF REVIEW.—The Secretary of Defense shall 
complete the review required by subsection (a) not later than 90 
days after the World Trade Organization has completed ruling 
on all cases involving the allegation of a covered subsidy provided 
to a manufacturer of large commercial aircraft pending at the 
World Trade Organization as of the date of the enactment of this 
Act. 
(d) REPORT
ON REVIEW.—Not later than 30 days after the 
completion of the review required by subsection (a), the Secretary 
of Defense shall provide a report to the congressional defense 
committees on the findings of the review, together with any rec-
ommendations the Secretary considers appropriate. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered subsidy’’ means a subsidy found 
to constitute a violation of the Agreement on Subsidies and 
Countervailing Measures. 
(2) The term ‘‘Agreement on Subsidies and Countervailing 
Measures’’ means the agreement described in section 101(d)(12) 
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(12)). 
(3) The term ‘‘source selection’’, with respect to a program 
of the Department of Defense, means the selection, through 
the use of competitive procedures or such other procurement 
procedures as may be applicable, of a contractor to perform 
a contract to carry out the program. 
SEC. 887. REPORT ON THE IMPLEMENTATION OF EARNED VALUE 
MANAGEMENT AT THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—The Secretary of Defense shall prepare a 
report on the implementation by the Department of Defense of 
earned value management. The report shall include, at a minimum, 
the following: 
(1) A discussion of the regulations and guidance of the 
Department applicable to the use and implementation of earned 
value management. 
(2) A discussion of the relative value of earned value 
management as a tool for program managers and senior Depart-
ment officials. 
(3) A discussion of specific challenges the Department faces 
in successfully using earned value management because of the 
nature of the culture, history, systems, and activities of the 
Department, particularly with regard to requirements and 
funding instability. 
(4) A discussion of the methodology of the Department 
for earned value management implementation, including data 
quality issues, training, and information technology systems 
used to integrate and transmit earned value management data. 
(5) An evaluation of the accuracy of the earned value 
management data provided by vendors to the Federal Govern-
ment concerning acquisition categories I and II programs, with 
a discussion of the impact of this data on the ability of the 
Department to achieve program objectives. 
(6) A description of the criteria used by the Department 
to evaluate the success of earned value management in deliv-
ering program objectives, with illustrative data and examples 
covering not less than three years. 
Recommenda- 
tions. 
Deadline. 
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122 STAT. 4563 
PUBLIC LAW 110–417—OCT. 14, 2008 
(7) Recommendations for improving earned value manage-
ment and its implementation within the Department, including 
a discussion of the merits of possible alternatives. 
(b) SUBMISSION OF REPORT.—Not later than 270 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall submit the report required by subsection (a) to the Committees 
on Armed Services of the Senate and of the House of Representa-
tives. 
(c) DEFINITION.—In this section, the term ‘‘earned value 
management’’ has the meaning given that term in section 300 
of part 7 of Office of Management and Budget Circular A-11 as 
published in June 2008. 
TITLE IX—DEPARTMENT OF DEFENSE 
ORGANIZATION AND MANAGEMENT 
Subtitle A—Department of Defense Management 
Sec. 901. Plan required for personnel management of special operations forces. 
Sec. 902. Director of Operational Energy Plans and Programs. 
Sec. 903. Corrosion control and prevention executives for the military departments. 
Sec. 904. Participation of Deputy Chief Management Officer of the Department of 
Defense on Defense Business System Management Committee. 
Sec. 905. Modification of status of Assistant to the Secretary of Defense for Nuclear 
and Chemical and Biological Defense Programs. 
Sec. 906. Requirement for the Secretary of Defense to prepare a strategic plan to 
enhance the role of the National Guard and Reserves. 
Sec. 907. General Counsel to the Inspector General of the Department of Defense. 
Sec. 908. Business transformation initiatives for the military departments. 
Subtitle B—Space Activities 
Sec. 911. Extension of authority for pilot program for provision of space surveil-
lance network services to entities outside United States Government. 
Sec. 912. Investment and acquisition strategy for commercial satellite capabilities. 
Sec. 913. Space posture review. 
Subtitle C—Chemical Demilitarization Program 
Sec. 921. Responsibilities for Chemical Demilitarization Citizens’ Advisory Commis-
sions in Colorado and Kentucky. 
Sec. 922. Cost-benefit analysis of future treatment of hydrolysate at Pueblo Chem-
ical Depot, Colorado. 
Subtitle D—Intelligence-Related Matters 
Sec. 931. Technical changes following the redesignation of National Imagery and 
Mapping Agency as National Geospatial-Intelligence Agency. 
Sec. 932. Technical amendments to title 10, United States Code, arising from en-
actment of the Intelligence Reform and Terrorism Prevention Act of 
2004. 
Sec. 933. Technical amendments relating to the Associate Director of the CIA for 
Military Affairs. 
Subtitle E—Other Matters 
Sec. 941. Enhancement of authorities relating to Department of Defense regional 
centers for security studies. 
Sec. 942. Restriction on obligation of funds for United States Southern Command 
development assistance activities. 
Sec. 943. Authorization of non-conventional assisted recovery capabilities. 
Sec. 944. Report on homeland defense and civil support issues. 
Sec. 945. Report on National Guard resource requirements. 
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122 STAT. 4564 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle A—Department of Defense 
Management 
SEC. 901. PLAN REQUIRED FOR PERSONNEL MANAGEMENT OF SPE-
CIAL OPERATIONS FORCES. 
(a) REQUIREMENT FOR PLAN.—The commander of the special 
operations command, in consultation with the secretaries of the 
military departments, shall prepare and submit to the Secretary 
of Defense a plan relating to personnel management of special 
operations forces. 
(b) MATTERS COVERED.—The plan under subsection (a) shall 
address the following: 
(1) Coordination among the military departments in order 
to enhance the manpower management and improve overall 
readiness of special operations forces. 
(2) Coordination by the commander of the special operations 
command with the Secretaries of the military departments 
in order to better execute his responsibility to maintain readi-
ness of special operations forces, including in the areas of 
accessions, assignments, compensation, promotions, profes-
sional development, retention, sustainment, and training. 
(c) SUBMISSION OF PLAN TO CONGRESSIONAL DEFENSE COMMIT-
TEES.—Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit the plan required 
under subsection (a) to the congressional defense committees, 
together with such additional comments as the Secretary and the 
Chairman of the Joint Chiefs of Staff consider appropriate. 
SEC. 902. DIRECTOR OF OPERATIONAL ENERGY PLANS AND PRO-
GRAMS. 
(a) ESTABLISHMENT OF POSITION; DUTIES.—Chapter 4 of title 
10, United States Code, is amended by inserting after section 139a 
the following new section: 
‘‘§ 139b. Director of Operational Energy Plans and Programs 
‘‘(a) APPOINTMENT.—There is a Director of Operational Energy 
Plans and Programs in the Department of Defense (in this section 
referred to as the ‘Director’), appointed by the President, by and 
with the advice and consent of the Senate. The Director shall 
be appointed without regard to political affiliation and solely on 
the basis of fitness to perform the duties of the office of Director. 
‘‘(b) DUTIES.—The Director shall— 
‘‘(1) provide leadership and facilitate communication 
regarding, and conduct oversight to manage and be accountable 
for, operational energy plans and programs within the Depart-
ment of Defense and the Army, Navy, Air Force, and Marine 
Corps; 
‘‘(2) establish the operational energy strategy; 
‘‘(3) coordinate and oversee planning and program activities 
of the Department of Defense and the Army, Navy, Air Force, 
and the Marine Corps related to— 
‘‘(A) implementation of the operational energy strategy; 
‘‘(B) the consideration of operational energy demands 
in defense planning, requirements, and acquisition proc-
esses; and 
President. 
Deadline. 
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122 STAT. 4565 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(C) research and development investments related to 
operational energy demand and supply technologies; and 
‘‘(4) monitor and review all operational energy initiatives 
in the Department of Defense. 
‘‘(c) PRINCIPAL ADVISOR FOR OPERATIONAL ENERGY PLANS AND 
PROGRAMS.—(1) The Director is the principal adviser to the Sec-
retary of Defense and the Deputy Secretary of Defense regarding 
operational energy plans and programs and the principal policy 
official within the senior management of the Department of Defense 
regarding operational energy plans and programs. 
‘‘(2) The Director may communicate views on matters related 
to operational energy plans and programs and the operational 
energy strategy required by subsection (d) directly to the Secretary 
of Defense and the Deputy Secretary of Defense without obtaining 
the approval or concurrence of any other official within the Depart-
ment of Defense. 
‘‘(d) OPERATIONAL ENERGY STRATEGY.—(1) The Director shall 
be responsible for the establishment and maintenance of a depart-
ment-wide transformational strategy for operational energy. The 
strategy shall establish near-term, mid-term, and long-term goals, 
performance metrics to measure progress in meeting the goals, 
and a plan for implementation of the strategy within the military 
departments, the Office of the Secretary of Defense, and Defense 
Agencies. 
‘‘(2) Not later than 90 days after the date on which the Director 
is first appointed, the Secretary of each of the military departments 
shall designate a senior official within each armed force under 
the jurisdiction of the Secretary who will be responsible for oper-
ational energy plans and programs for that armed force. The offi-
cials shall be responsible for coordinating with the Director and 
implementing initiatives pursuant to the strategy with regard to 
that official’s armed force. 
‘‘(3) By authority of the Secretary of Defense, the Director 
shall prescribe policies and procedures for the implementation of 
the strategy. The Director shall provide guidance to, and consult 
with, the Secretary of Defense, the Deputy Secretary of Defense, 
the Secretaries of the military departments, and the officials des-
ignated under paragraph (2) with respect to specific operational 
energy plans and programs to be carried out pursuant to the 
strategy. 
‘‘(4) The initial strategy shall be submitted to the congressional 
defense committees not later than 180 days after the date on 
which the Director is first appointed. Subsequent updates to the 
strategy shall be submitted to the congressional defense committees 
as soon as practicable after the modifications to the strategy are 
made. 
‘‘(e) BUDGETARY AND FINANCIAL MATTERS.—(1) The Director 
shall review and make recommendations to the Secretary of Defense 
regarding all budgetary and financial matters relating to the oper-
ational energy strategy. 
‘‘(2) The Secretary of Defense shall require that the Secretary 
of each military department and the head of each Defense Agency 
with responsibility for executing activities associated with the 
strategy transmit their proposed budget for those activities for 
a fiscal year to the Director for review before submission of the 
proposed budget to the Under Secretary of Defense (Comptroller). 
Recommenda- 
tions. 
Deadline. 
Consultation. 
Procedures. 
Deadline. 
Designation. 
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122 STAT. 4566 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(3) The Director shall review a proposed budget transmitted 
under paragraph (2) for a fiscal year and, not later than January 
31 of the preceding fiscal year, shall submit to the Secretary of 
Defense a report containing the comments of the Director with 
respect to the proposed budget, together with the certification of 
the Director regarding whether the proposed budget is adequate 
for implementation of the strategy. 
‘‘(4) Not later than 10 days after the date on which the budget 
for a fiscal year is submitted to Congress pursuant to section 
1105 of title 31, the Secretary of Defense shall submit to Congress 
a report on the proposed budgets for that fiscal year that the 
Director has not certified under paragraph (3). The report shall 
include the following: 
‘‘(A) A discussion of the actions that the Secretary proposes 
to take, together with any recommended legislation that the 
Secretary considers appropriate, to address the inadequacy of 
the proposed budgets. 
‘‘(B) Any additional comments that the Secretary considers 
appropriate regarding the inadequacy of the proposed budgets. 
‘‘(5) The report required by paragraph (4) shall also include 
a separate statement of estimated expenditures and requested 
appropriations for that fiscal year for the activities of the Director 
in carrying out the duties of the Director. 
‘‘(f) ACCESS
TO INITIATIVE RESULTS
AND RECORDS.—(1) The 
Secretary of a military department shall submit to the Director 
the results of all studies and initiatives conducted by the military 
department in connection with the operational energy strategy. 
‘‘(2) The Director shall have access to all records and data 
in the Department of Defense (including the records and data 
of each military department) necessary in order to permit the 
Director to carry out the duties of the Director. 
‘‘(g) STAFF.—The Director shall have a dedicated professional 
staff of military and civilian personnel in a number sufficient to 
enable the Director to carry out the duties and responsibilities 
of the Director. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) OPERATIONAL ENERGY.—The term ‘operational energy’ 
means the energy required for training, moving, and sustaining 
military forces and weapons platforms for military operations. 
The term includes energy used by tactical power systems and 
generators and weapons platforms. 
‘‘(2) OPERATIONAL
ENERGY
STRATEGY.—The terms ‘oper-
ational energy strategy’ and ‘strategy’ mean the operational 
energy strategy developed under subsection (d).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 139a the following new item: 
‘‘139b. Director of Operational Energy Plans and Programs.’’. 
SEC. 903. CORROSION CONTROL AND PREVENTION EXECUTIVES FOR 
THE MILITARY DEPARTMENTS. 
(a) REQUIREMENT
TO DESIGNATE CORROSION CONTROL
AND 
PREVENTION EXECUTIVE.—Not later than 90 days after the date 
of the enactment of this Act, the Assistant Secretary of each military 
department with responsibility for acquisition, technology, and logis-
tics shall designate an employee of the military department as 
the corrosion control and prevention executive. Such executive shall 
Deadline. 
10 USC 2228 
note. 
Deadline. 
Reports. 
Deadline. 
Reports. 
Certification. 
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122 STAT. 4567 
PUBLIC LAW 110–417—OCT. 14, 2008 
be the senior official in the department with responsibility for 
coordinating department-level corrosion control and prevention pro-
gram activities (including budget programming) with the military 
department and the Office of the Secretary of Defense, the program 
executive officers of the military departments, and relevant major 
subordinate commands of the military departments. 
(b) DUTIES.—(1) The corrosion control and prevention executive 
of a military department shall ensure that corrosion control and 
prevention is maintained in the department’s policy and guidance 
for management of each of the following: 
(A) System acquisition and production, including design 
and maintenance. 
(B) Research, development, test, and evaluation programs 
and activities. 
(C) Equipment standardization programs, including inter-
national standardization agreements. 
(D) Logistics research and development initiatives. 
(E) Logistics support analysis as it relates to integrated 
logistic support in the materiel acquisition process. 
(F) Military infrastructure design, construction, and 
maintenance. 
(2) The corrosion control and prevention executive of a military 
department shall be responsible for identifying the funding levels 
necessary to accomplish the items listed in subparagraphs (A) 
through (F) of paragraph (1). 
(3) The corrosion control and prevention executive of a military 
department shall, in cooperation with the appropriate staff of the 
department, develop, support, and provide the rationale for 
resources— 
(A) to initiate and sustain an effective corrosion control 
and prevention program in the department; 
(B) to evaluate the program’s effectiveness; and 
(C) to ensure that corrosion control and prevention require-
ments for materiel are reflected in budgeting and policies of 
the department for the formulation, management, and evalua-
tion of personnel and programs for the entire department, 
including its reserve components. 
(4) The corrosion control and prevention executive of a military 
department shall be the principal point of contact of the department 
to the Director of Corrosion Policy and Oversight (as assigned 
under section 2228 of title 10, United States Code). 
(5) The corrosion control and prevention executive of a military 
department shall submit an annual report, not later than December 
31 of each year, to the Secretary of Defense containing recommenda-
tions pertaining to the corrosion control and prevention program 
of the military department, including corrosion-related funding 
levels to carry out all of the duties of the executive under this 
section. 
SEC. 904. PARTICIPATION OF DEPUTY CHIEF MANAGEMENT OFFICER 
OF THE DEPARTMENT OF DEFENSE ON DEFENSE BUSI-
NESS SYSTEM MANAGEMENT COMMITTEE. 
(a) PARTICIPATION.—Subsection (a) of section 186 of title 10, 
United States Code, is amended— 
(1) by redesignating paragraphs (2) through (7) as para-
graphs (3) through (8), respectively; 
Deadlines. 
Reports. 
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122 STAT. 4568 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) by inserting after paragraph (1) the following new para-
graph (2): 
‘‘(2) The Deputy Chief Management Officer of the Depart-
ment of Defense.’’; and 
(3) by striking paragraph (7), as redesignated by paragraph 
(1), and inserting the following new paragraph: 
‘‘(7) The Chief Management Officers of the military depart-
ments and the heads of such Defense Agencies as may be 
designated by the Secretary of Defense.’’. 
(b) SERVICE AS VICE CHAIRMAN.—The second sentence of sub-
section (b) of such section is amended to read as follows: ‘‘The 
Deputy Chief Management Officer of the Department of Defense 
shall serve as the vice chairman of the Committee, and shall act 
as chairman in the absence of the Deputy Secretary of Defense.’’. 
SEC. 905. MODIFICATION OF STATUS OF ASSISTANT TO THE SEC-
RETARY OF DEFENSE FOR NUCLEAR AND CHEMICAL AND 
BIOLOGICAL DEFENSE PROGRAMS. 
Section 142 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(c) The Assistant to the Secretary shall be considered an 
Assistant Secretary of Defense for purposes of section 138(d) of 
this title.’’. 
SEC. 906. REQUIREMENT FOR THE SECRETARY OF DEFENSE TO PRE-
PARE A STRATEGIC PLAN TO ENHANCE THE ROLE OF THE 
NATIONAL GUARD AND RESERVES. 
(a) PLAN.—Not later than April 1, 2009, the Secretary of 
Defense shall prepare a plan for enhancing the roles of the National 
Guard and Reserve— 
(1) when federalized in the case of the National Guard, 
or activated in the case of the Reserves, in support of operations 
conducted under title 10, United States Code, including the 
transition of the reserve component of the Armed Forces from 
a strategic force to an operational reserve; 
(2) in support of operations conducted under title 32, United 
States Code, or in support to civil authorities; and 
(3) with respect to the achievement of a fully-integrated 
total force (including further development of a continuum of 
service). 
(b) CONSULTATION.—In preparing the plan under subsection 
(a), the Secretary of Defense shall take into consideration the advice 
of the Chairman of the Joint Chiefs of Staff, the Secretary and 
Chief of Staff of the Army, the Secretary and Chief of Staff of 
the Air Force, the commander of the United States Northern Com-
mand, the Chief of the National Guard Bureau, and other appro-
priate officials, as determined by the Secretary of Defense. 
(c) MATTERS TO BE ASSESSED.—In preparing the plan, the Sec-
retary shall assess— 
(1) the findings, conclusions, and recommendations of the 
Final Report to Congress and the Secretary of Defense of the 
Commission on the National Guard and Reserves, dated 
January 31, 2008, and titled ‘‘Transforming the National Guard 
and Reserves into a 21st-Century Operational Force’’; and 
(2) the provisions of H.R. 5603 and S. 2706 of the 110th 
Congress, as introduced on March 13, 2008 (the National Guard 
Empowerment and State-National Defense Integration Act of 
2008). 
Deadline. 
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122 STAT. 4569 
PUBLIC LAW 110–417—OCT. 14, 2008 
(d) REPORT.—Not later than April 1, 2009, the Secretary of 
Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the plan 
required under this section. The report shall include recommenda-
tions on— 
(1) any changes to the current Department of Defense 
organization, 
structure, 
command 
relationships, 
budget 
authority, procurement authority, and compensation and bene-
fits; 
(2) any legislation that the Secretary considers necessary; 
and 
(3) any other matter the Secretary considers appropriate. 
SEC. 907. GENERAL COUNSEL TO THE INSPECTOR GENERAL OF THE 
DEPARTMENT OF DEFENSE. 
Section 8 of the Inspector General Act of 1978 (50 U.S.C. 
App. 8) is amended by adding at the end the following new sub-
section: 
‘‘(h)(1) There is a General Counsel to the Inspector General 
of the Department of Defense, who shall be appointed by the 
Inspector General of the Department of Defense. 
‘‘(2)(A) Notwithstanding section 140(b) of title 10, United States 
Code, the General Counsel is the chief legal officer of the Office 
of the Inspector General. 
‘‘(B) The Inspector General is the exclusive legal client of the 
General Counsel. 
‘‘(C) The General Counsel shall perform such functions as the 
Inspector General may prescribe. 
‘‘(D) The General Counsel shall serve at the discretion of the 
Inspector General. 
‘‘(3) There is an Office of the General Counsel to the Inspector 
General of the Department of Defense. The Inspector General may 
appoint to the Office to serve as staff of the General Counsel 
such legal counsel as the Inspector General considers appropriate.’’. 
SEC. 908. BUSINESS TRANSFORMATION INITIATIVES FOR THE MILI-
TARY DEPARTMENTS. 
(a) IN GENERAL.—The Secretary of each military department 
shall, acting through the Chief Management Officer of such military 
department, carry out an initiative for the business transformation 
of such military department. 
(b) OBJECTIVES.—The objectives of the business transformation 
initiative of a military department under this section shall include, 
at a minimum, the following: 
(1) The development of a comprehensive business trans-
formation plan, with measurable performance goals and objec-
tives, to achieve an integrated management system for the 
business operations of the military department. 
(2) The development of a well-defined enterprise-wide busi-
ness systems architecture and transition plan encompassing 
end-to-end business processes and capable of providing 
accurately and timely information in support of business 
decisions of the military department. 
(3) The implementation of the business transformation plan 
developed pursuant to paragraph (1) and the business systems 
architecture and transition plan developed pursuant to para-
graph (2). 
(c) BUSINESS TRANSFORMATION OFFICES.— 
10 USC 2222 
note. 
5 USC app. 8. 
Establishment. 
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122 STAT. 4570 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) ESTABLISHMENT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of each military 
department shall establish within such military department 
an office (to be known as the ‘‘Office of Business Trans-
formation’’ of such military department) to assist the Chief 
Management Officer of such military department in carrying 
out the initiative required by this section for such military 
department. 
(2) HEAD.—The Office of Business Transformation of a 
military department under this subsection shall be headed 
by a Director of Business Transformation, who shall be 
appointed by the Chief Management Officer of the military 
department, in consultation with the Director of the Business 
Transformation Agency of the Department of Defense, from 
among individuals with significant experience managing large- 
scale organizations or business transformation efforts. 
(3) SUPERVISION.—The Director of Business Transformation 
of a military department under paragraph (2) shall report 
directly to the Chief Management Officer of the military depart-
ment, subject to policy guidance from the Director of the Busi-
ness Transformation Agency of the Department of Defense. 
(4) AUTHORITY.—In carrying out the initiative required by 
this section for a military department, the Director of Business 
Transformation of the military department under paragraph 
(2) shall have the authority to require elements of the military 
department to carry out actions that are within the purpose 
and scope of the initiative. 
(d) RESPONSIBILITIES OF BUSINESS TRANSFORMATION OFFICES.— 
The Office of Business Transformation of a military department 
established pursuant to subsection (b) may be responsible for the 
following: 
(1) Transforming the budget, finance, accounting, and 
human resource operations of the military department in a 
manner that is consistent with the business transformation 
plan developed pursuant to subsection (b)(1). 
(2) Eliminating or replacing financial management systems 
of the military department that are inconsistent with the busi-
ness systems architecture and transition plan developed pursu-
ant to subsection (b)(2). 
(3) Ensuring that the business transformation plan and 
the business systems architecture and transition plan are 
implemented in a manner that is aggressive, realistic, and 
accurately measured. 
(4) Such other responsibilities as the Secretary of that 
military department determines are appropriate. 
(e) REQUIRED
ELEMENTS.—In carrying out the initiative 
required by this section for a military department, the Chief 
Management Officer and the Director of Business Transformation 
of the military department shall ensure that each element of the 
initiative is consistent with— 
(1) the requirements of the Business Enterprise Architec-
ture and Transition Plan developed by the Secretary of Defense 
pursuant to section 2222 of title 10, United States Code; 
(2) the Standard Financial Information Structure of the 
Department of Defense; 
(3) the Federal Financial Management Improvement Act 
of 1996 (and the amendments made by that Act); and 
Deadline. 
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122 STAT. 4571 
PUBLIC LAW 110–417—OCT. 14, 2008 
(4) other applicable requirements of law and regulation. 
(f) REPORTS ON IMPLEMENTATION.— 
(1) INITIAL REPORTS.—Not later than nine months after 
the date of the enactment of this Act, the Chief Management 
Officer of each military department shall submit to the congres-
sional defense committees a report on the actions taken, and 
on the actions planned to be taken, by such military department 
to implement the requirements of this section. 
(2) UPDATES.—Not later than March 1 of each of 2010, 
2011, and 2012, the Chief Management Officer of each military 
department shall submit to the congressional defense commit-
tees a current update of the report submitted by such Chief 
Management Officer under paragraph (1). 
Subtitle B—Space Activities 
SEC. 911. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR 
PROVISION OF SPACE SURVEILLANCE NETWORK SERV-
ICES TO ENTITIES OUTSIDE UNITED STATES GOVERN-
MENT. 
Section 2274(i) of title 10, United States Code, is amended 
by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 
2010’’. 
SEC. 912. INVESTMENT AND ACQUISITION STRATEGY FOR COMMER-
CIAL SATELLITE CAPABILITIES. 
(a) REQUIREMENT.—The Secretary of Defense shall conduct an 
assessment to determine a recommended investment and acquisi-
tion strategy for commercial satellite capabilities. 
(b) ELEMENTS.—The assessment required under subsection (a) 
shall include the following: 
(1) Review of national and defense policy relevant to the 
requirements for, acquisition of, and use of commercial satellite 
capabilities, and the relationship with commercial satellite pro-
viders. 
(2) Assessment of the manner in which commercial satellite 
capabilities are used by the Department of Defense and options 
for expanding such use or identifying new means to leverage 
commercial satellite capabilities, such as hosting payloads. 
(3) Review of military requirements for satellite commu-
nications and remote sensing by quantity, quality, timeline, 
and any other metric considered appropriate. 
(4) Description of current and planned commercial satellite 
capabilities and an assessment of their ability to meet the 
requirements identified in paragraph (3). 
(5) Assessment of the ability of commercial satellite 
capabilities to meet other military requirements not identified 
in paragraph (3). 
(6) Description of the use of and resources allocated to 
commercial satellite communications and remote sensing 
needed to meet the requirements identified in paragraph (3) 
during— 
(A) the five-year period preceding the date of the 
assessment; 
(B) the period from the date of the assessment through 
the fiscal years covered under the future-years defense 
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122 STAT. 4572 
PUBLIC LAW 110–417—OCT. 14, 2008 
program under section 221 of title 10, United States Code; 
and 
(C) the period beyond the fiscal years covered under 
the future-years defense program under such section 221. 
(7) Assessment of purchasing patterns that may lead to 
recommendations in which the Department may consolidate 
requirements, centralize operations, aggregate purchases, or 
leverage purchasing power (including the use of multiyear con-
tracting). 
(8) Assessment of various models for acquiring commercial 
satellite capabilities, including funding, management, and oper-
ations models. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than February 1, 2010, the 
Secretary of Defense shall submit to the congressional defense 
committees a report setting forth the results of the assessment 
required under subsection (a) and provide recommendations, 
including— 
(A) the recommended investment and acquisition 
strategy of the Department for commercial satellite 
capabilities; 
(B) how the investment and acquisition strategy should 
be addressed in fiscal years after fiscal year 2010; and 
(C) a proposal for such legislative action as the Sec-
retary considers necessary to acquire appropriate types 
and amounts of commercial satellite capabilities. 
(2) FORM.—The report shall be in unclassified form, but 
may include a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘commercial satellite capabilities’’ means the 
system, capability, or service provided by a commercial satellite 
provider. 
(2) The term ‘‘commercial satellite provider’’ refers to pri-
vately owned and operated space systems, their technology, 
components, products, data, services, and related information, 
as well as foreign systems whose products and services are 
sold commercially. 
SEC. 913. SPACE POSTURE REVIEW. 
(a) REQUIREMENT FOR COMPREHENSIVE REVIEW.—In order to 
clarify the national security space policy and strategy of the United 
States for the near term, the Secretary of Defense and the Director 
of National Intelligence shall jointly conduct a comprehensive 
review of the space posture of the United States over the posture 
review period. 
(b) ELEMENTS OF REVIEW.—The review conducted under sub-
section (a) shall include, for the posture review period, the following: 
(1) The definition, policy, requirements, and objectives for 
each of the following: 
(A) Space situational awareness. 
(B) Space control. 
(C) Space superiority, including defensive and offensive 
counterspace and protection. 
(D) Force enhancement and force application. 
(E) Space-based intelligence and surveillance and 
reconnaissance from space. 
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122 STAT. 4573 
PUBLIC LAW 110–417—OCT. 14, 2008 
(F) Integration of space and ground control and user 
equipment. 
(G) Any other matter the Secretary considers relevant 
to understanding the space posture of the United States. 
(2) A description of current and planned space acquisition 
programs that are in acquisition categories 1 and 2, including 
how each program will address the policy, requirements, and 
objectives described under each of subparagraphs (A) through 
(G) of paragraph (1). 
(3) A description of future space systems and technology 
development (other than such systems and technology in 
development as of the date of the enactment of this Act) nec-
essary to address the policy, requirements, and objectives 
described under each of subparagraphs (A) through (G) of para-
graph (1). 
(4) An assessment of the relationship among the following: 
(A) Military space policy. 
(B) National security space policy. 
(C) National security space objectives. 
(D) Arms control policy. 
(E) Export control policy. 
(F) Industrial base policy. 
(5) An assessment of the effect of the military and national 
security space policy of the United States on the proliferation 
of weapons capable of targeting objects in space or objects 
on Earth from space. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than December 1, 2009, the 
Secretary of Defense and the Director of National Intelligence 
shall jointly submit to the congressional committees specified 
in paragraph (3) a report on the review conducted under sub-
section (a). 
(2) FORM OF REPORT.—The report under this subsection 
shall be submitted in unclassified form, but may include a 
classified annex. 
(3) COMMITTEES.—The congressional committees specified 
in this paragraph are— 
(A) the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate; and 
(B) the Committee on Armed Services and the Perma-
nent Select Committee on Intelligence of the House of 
Representatives. 
(d) POSTURE REVIEW PERIOD DEFINED.—In this section, the 
term ‘‘posture review period’’ means the 10-year period beginning 
on February 1, 2009. 
Subtitle C—Chemical Demilitarization 
Program 
SEC. 921. RESPONSIBILITIES FOR CHEMICAL DEMILITARIZATION CITI-
ZENS’ ADVISORY COMMISSIONS IN COLORADO AND KEN-
TUCKY. 
Section 172 of the National Defense Authorization Act for Fiscal 
Year 1993 (50 U.S.C. 1521 note) is amended— 
(1) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; and 
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122 STAT. 4574 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) COLORADO
AND KENTUCKY CHEMICAL DEMILITARIZATION 
CITIZENS’ 
ADVISORY
COMMISSIONS.—(1) 
Notwithstanding 
sub-
sections (b), (g), and (h), and consistent with section 142 of the 
Strom Thurmond National Defense Authorization Act for Fiscal 
Year 1999 (50 U.S.C. 1521 note) and section 8122 of the Department 
of Defense Appropriations Act, 2003 (Public Law 107–248; 116 
Stat. 1566; 50 U.S.C. 1521 note), the Secretary of the Army shall 
transfer responsibilities for the Chemical Demilitarization Citizens’ 
Advisory Commissions in Colorado and Kentucky to the Program 
Manager for Assembled Chemical Weapons Alternatives. 
‘‘(2) In carrying out the responsibilities transferred under para-
graph (1), the Program Manager for Assembled Chemical Weapons 
Alternatives shall take appropriate actions to ensure that each 
Commission referred to in paragraph (1) retains the capacity to 
receive citizen and State concerns regarding the ongoing chemical 
demilitarization program in the State concerned. 
‘‘(3) A representative of the Office of the Assistant to the Sec-
retary of Defense for Nuclear, Chemical, and Biological Defense 
Programs shall meet with each Commission referred to in paragraph 
(1) not less often than twice a year. 
‘‘(4) Funds appropriated for the Assembled Chemical Weapons 
Alternatives Program shall be available for travel and associated 
travel costs for Commissioners on the Commissions referred to 
in paragraph (1) when such travel is conducted at the invitation 
of the Special Assistant for Chemical and Biological Defense and 
Chemical 
Demilitarization 
Programs 
of 
the 
Department 
of 
Defense.’’. 
SEC. 922. COST-BENEFIT ANALYSIS OF FUTURE TREATMENT OF 
HYDROLYSATE AT PUEBLO CHEMICAL DEPOT, COLORADO. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Pueblo Chemical Agent Destruction Pilot Plant, 
Colorado, is not planned to begin chemical agent destruction 
operations until 2015. 
(2) There will be no hydrolysate byproduct of chemical 
agent neutralization at the Pueblo Chemical Depot, Colorado, 
until after chemical agent destruction operations begin. 
(3) The Department of Defense has no plans to produce, 
treat, store, or transport hydrolysate at the Pueblo Chemical 
Depot, Colorado, during fiscal year 2009. 
(4) A January 10, 2007, Department of Defense Acquisition 
Decision Memorandum requires the Program Manager for the 
Assembled Chemical Weapons Alternatives to continue to 
pursue off-site treatment and disposal of hydrolysate as long 
as doing so would be safe, efficient, and economically beneficial. 
(b) COST-BENEFIT ANALYSIS.—The Secretary of Defense shall 
perform a cost-benefit analysis of future on-site and off-site options 
for treatment and disposal of hydrolysate expected to be produced 
at the Pueblo Chemical Depot, Colorado. 
(c) REPORT.—Together with the budget justification materials 
submitted to Congress in support of the Department of Defense 
budget for fiscal year 2010 (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code), 
the Secretary of Defense shall submit to the congressional defense 
Transfer 
authority. 
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122 STAT. 4575 
PUBLIC LAW 110–417—OCT. 14, 2008 
committees a report containing the results of the cost-benefit anal-
ysis required by subsection (b). 
(d) NOTICE
AND WAIT.—After the submission of the report 
required by subsection (c), if the Secretary of Defense decides to 
transport hydrolysate from Pueblo Chemical Depot, Colorado, to 
an off-site location during fiscal year 2009, the Department shall 
not commence such transport until 60 days after the Secretary 
provides written notice to the congressional defense committees 
of the Department’s intent to conduct such transport. 
Subtitle D—Intelligence-Related Matters 
SEC. 931. TECHNICAL CHANGES FOLLOWING THE REDESIGNATION OF 
NATIONAL IMAGERY AND MAPPING AGENCY AS NATIONAL 
GEOSPATIAL-INTELLIGENCE AGENCY. 
(a) TECHNICAL CHANGES TO UNITED STATES CODE.— 
(1) TITLE 5.—Title 5, United States Code, is amended by 
striking ‘‘National Imagery and Mapping Agency’’ each place 
it appears and inserting ‘‘National Geospatial-Intelligence 
Agency’’. 
(2) TITLE 44.—Title 44, United States Code, is amended 
by striking ‘‘National Imagery and Mapping Agency’’ each place 
it appears and inserting ‘‘National Geospatial-Intelligence 
Agency’’. 
(b) TECHNICAL CHANGES TO OTHER ACTS.— 
(1) ETHICS IN GOVERNMENT ACT OF 1978.—Section 105(a)(1) 
of the Ethics in Government Act of 1978 (Public Law 95– 
521; 5 U.S.C. App. 4) is amended by striking ‘‘National Imagery 
and Mapping Agency’’ and inserting ‘‘National Geospatial-Intel-
ligence Agency’’. 
(2) INSPECTOR GENERAL ACT OF 1978.—Section 8H of the 
Inspector General Act of 1978 (Public Law 95–452; 5 U.S.C. 
App.) is amended— 
(A) in subsection (a)(1)(A), by striking ‘‘National 
Imagery and Mapping Agency’’ and inserting ‘‘National 
Geospatial-Intelligence Agency’’; and 
(B) in subsection (g)(1), by striking ‘‘National Imagery 
and Mapping Agency’’ and inserting ‘‘National Geospatial- 
Intelligence Agency’’. 
(3) EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988.—Sec-
tion 7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 
1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended by striking 
‘‘National Imagery and Mapping Agency’’ and inserting 
‘‘National Geospatial-Intelligence Agency’’. 
(4) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1993.—Sec-
tion 207(a)(2)(B) of the Legislative Branch Appropriations Act, 
1993 (Public Law 102–392; 44 U.S.C. 501 note), is amended 
by striking ‘‘National Imagery and Mapping Agency’’ and 
inserting ‘‘National Geospatial-Intelligence Agency’’. 
(5) HOMELAND SECURITY ACT OF 2002.—Section 201(e)(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 121(e)(2)) 
is amended by striking ‘‘National Imagery and Mapping 
Agency’’ 
and 
inserting 
‘‘National 
Geospatial-Intelligence 
Agency’’. 
5 USC app. 105. 
44 USC 1336. 
5 USC 2302 et 
seq. 
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122 STAT. 4576 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 932. TECHNICAL AMENDMENTS TO TITLE 10, UNITED STATES 
CODE, ARISING FROM ENACTMENT OF THE INTELLIGENCE 
REFORM AND TERRORISM PREVENTION ACT OF 2004. 
(a) REFERENCES TO HEAD OF INTELLIGENCE COMMUNITY.—Title 
10, United States Code, is amended by striking ‘‘Director of Central 
Intelligence’’ each place it appears and inserting ‘‘Director of 
National Intelligence’’ in the following: 
(1) Section 193(d)(2). 
(2) Section 193(e). 
(3) Section 201(a). 
(4) Section 201(b)(1). 
(5) Section 201(c)(1). 
(6) Section 425(a). 
(7) Section 431(b)(1). 
(8) Section 441(c). 
(9) Section 441(d). 
(10) Section 443(d). 
(11) Section 2273(b)(1). 
(12) Section 2723(a). 
(b) CLERICAL AMENDMENTS.—Such title is further amended by 
striking ‘‘DIRECTOR
OF
CENTRAL
INTELLIGENCE’’ each place it 
appears and inserting ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’ in 
the following: 
(1) Section 441(c). 
(2) Section 443(d). 
(c) REFERENCE TO HEAD OF CENTRAL INTELLIGENCE AGENCY.— 
Section 444 of such title is amended by striking ‘‘Director of Central 
Intelligence’’ each place it appears and inserting ‘‘Director of the 
Central Intelligence Agency’’. 
SEC. 933. TECHNICAL AMENDMENTS RELATING TO THE ASSOCIATE 
DIRECTOR OF THE CIA FOR MILITARY AFFAIRS. 
Section 528(c) of title 10, United States Code, is amended— 
(1) in the heading, by striking ‘‘MILITARY SUPPORT’’ and 
inserting ‘‘MILITARY AFFAIRS’’; and 
(2) by striking ‘‘Military Support’’ and inserting ‘‘Military 
Affairs’’. 
Subtitle E—Other Matters 
SEC. 941. ENHANCEMENT OF AUTHORITIES RELATING TO DEPART-
MENT OF DEFENSE REGIONAL CENTERS FOR SECURITY 
STUDIES. 
(a) AVAILABILITY
OF FUNDS
FOR ACTIVITIES ACROSS FISCAL 
YEARS.— 
(1) IN GENERAL.—Section 184(f) of title 10, United States 
Code, is amended by adding at the end the following new 
paragraph: 
‘‘(6) Funds available to carry out this section, including funds 
accepted under paragraph (4) and funds available under paragraph 
(5), shall be available, to the extent provided in appropriations 
Acts, for programs and activities under this section that begin 
in a fiscal year and end in the following fiscal year.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect on October 1, 2008, and shall apply with 
respect to programs and activities under section 184 of title 
Applicability. 
10 USC 184 note. 
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122 STAT. 4577 
PUBLIC LAW 110–417—OCT. 14, 2008 
10, United States Code (as so amended), that begin on or 
after that date. 
(b) TEMPORARY WAIVER
OF REIMBURSEMENT
OF COSTS
OF 
ACTIVITIES FOR NONGOVERNMENTAL PERSONNEL.— 
(1) AUTHORITY FOR TEMPORARY WAIVER.—In fiscal years 
2009 and 2010, the Secretary of Defense may, with the concur-
rence of the Secretary of State, waive reimbursement otherwise 
required under subsection (f) of section 184 of title 10, United 
States Code, of the costs of activities of Regional Centers under 
such section for personnel of nongovernmental and inter-
national organizations who participate in activities of the 
Regional Centers that enhance cooperation of nongovernmental 
organizations and international organizations with United 
States forces if the Secretary of Defense determines that attend-
ance of such personnel without reimbursement is in the 
national security interests of the United States. 
(2) LIMITATION.—The amount of reimbursement that may 
be waived under paragraph (1) in any fiscal year may not 
exceed $1,000,000. 
(3) ANNUAL
REPORT.—The Secretary of Defense shall 
include in the annual report under section 184(h) of title 10, 
United States Code, in 2010 and 2011 information on the 
attendance of personnel of nongovernmental and international 
organizations in activities of the Regional Centers during the 
preceding fiscal year for which a waiver of reimbursement 
was made under paragraph (1), including information on the 
costs incurred by the United States for the participation of 
personnel of each nongovernmental or international organiza-
tion that so attended. 
SEC. 942. RESTRICTION ON OBLIGATION OF FUNDS FOR UNITED 
STATES SOUTHERN COMMAND DEVELOPMENT ASSIST-
ANCE ACTIVITIES. 
(a) REPORT AND CERTIFICATION REQUIRED.—Not later than 120 
days after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense committees 
a report describing the development assistance activities carried 
out by the United States Southern Command during fiscal year 
2008 and planned for fiscal year 2009 and containing a certification 
by the Secretary that such development assistance activities— 
(1) will not adversely diminish the ability of the United 
States Southern Command or its components to carry out its 
combat or military missions; 
(2) do not divert resources from funded or unfunded 
requirements of the United States Southern Command in 
connection with the role of the Department of Defense under 
section 124 of title 10, United States Code, as the single lead 
agency of the Federal Government for the detection and moni-
toring of aerial and maritime transit of illegal drugs into the 
United States; 
(3) are not unnecessarily duplicative of activities already 
conducted or planned to be conducted by any other Federal 
department or agency during fiscal year 2009; and 
(4) are designed, planned, and conducted to complement 
joint training and exercises, host-country capacity building, or 
similar activities directly connected to the responsibilities of 
the United States Southern Command. 
10 USC 184 note. 
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122 STAT. 4578 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) RESTRICTION ON OBLIGATION OF FUNDS PENDING CERTIFI-
CATION.—Of the amounts appropriated pursuant to an authorization 
of appropriations in this Act or otherwise made available for fiscal 
year 2009 for operation and maintenance for the United States 
Southern Command, not more than 90 percent may be obligated 
or expended until 30 days after the certification required by sub-
section (a) is received by the congressional defense committees. 
(c) DEVELOPMENT ASSISTANCE ACTIVITIES DEFINED.—In this 
section, the term ‘‘development assistance activities’’ means assist-
ance activities carried out by the United States Southern Command 
that are comparable to the assistance activities carried out by 
the United States under— 
(1) chapters 1, 10, 11, and 12 of part I of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151, 2293, 2295, and 2296 
et seq.); and 
(2) any other provision of law for purposes comparable 
to the purposes for which assistance activities are carried out 
under the provisions of law referred to in paragraph (1). 
SEC. 
943. 
AUTHORIZATION 
OF 
NON-CONVENTIONAL 
ASSISTED 
RECOVERY CAPABILITIES. 
(a) NON-CONVENTIONAL ASSISTED RECOVERY CAPABILITIES.— 
Upon a determination by a commander of a combatant command 
that an action is necessary in connection with a non-conventional 
assisted recovery effort, and with the concurrence of the relevant 
Chief of Mission or Chiefs of Mission, an amount not to exceed 
$20,000,000 of the funds appropriated pursuant to an authorization 
of appropriations or otherwise made available for ‘‘Operation and 
Maintenance, Navy’’ may be used to establish, develop, and main-
tain non-conventional assisted recovery capabilities. 
(b) PROCEDURES.—The Secretary of Defense shall establish 
procedures for the exercise of the authority under subsection (a). 
The Secretary shall notify the congressional defense committees 
of those procedures before any exercise of that authority. 
(c) 
AUTHORIZED
ACTIVITIES.—Non-conventional 
assisted 
recovery capabilities authorized under subsection (a) may, in limited 
and special circumstances, include the provision of support to for-
eign forces, irregular forces, groups, or individuals in order to 
facilitate the recovery of Department of Defense or Coast Guard 
military or civilian personnel, or other individuals who, while con-
ducting activities in support of United States military operations, 
become separated or isolated and cannot rejoin their units without 
the assistance authorized in subsection (a). Such support may 
include the provision of limited amounts of equipment, supplies, 
training, transportation, or other logistical support or funding. 
(d) NOTICE TO CONGRESS ON USE OF AUTHORITY.—Upon using 
the authority in subsection (a) to make funds available for support 
of non-conventional assisted recovery activities, the Secretary of 
Defense shall notify the congressional defense committees within 
72 hours of the use of such authority with respect to support 
of such activities. Any such notice shall be in writing. 
(e) ANNUAL REPORT.—Not later than 30 days after the close 
of each fiscal year during which subsection (a) is in effect, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on support provided under that subsection 
during that fiscal year. Each such report shall describe the support 
Deadline. 
Notification. 
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122 STAT. 4579 
PUBLIC LAW 110–417—OCT. 14, 2008 
provided, including a statement of the recipient of support and 
the amount obligated to provide the support. 
(f) LIMITATION ON INTELLIGENCE ACTIVITIES.—This section does 
not constitute authority to conduct a covert action, as such term 
is defined in section 503(e) of the National Security Act of 1947 
(50 U.S.C. 413b(e)). 
(g) LIMITATION ON FOREIGN ASSISTANCE ACTIVITIES.—This sec-
tion does not constitute authority— 
(1) to build the capacity of foreign military forces or provide 
security and stabilization assistance, as described in sections 
1206 and 1207 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456 and 
3458), respectively; and 
(2) to provide assistance that is otherwise prohibited by 
any other provision in law, including any provision of law 
relating to the control of exports of defense articles or defense 
services. 
(h) PERIOD OF AUTHORITY.—The authority under this section 
is in effect during each of the fiscal years 2009 through 2011. 
SEC. 944. REPORT ON HOMELAND DEFENSE AND CIVIL SUPPORT 
ISSUES. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on certain home-
land defense and civil support issues. 
(b) ELEMENTS.—The report required under subsection (a) shall 
include the following: 
(1) A description of the progress made by the Department 
of Defense to address the concerns related to the United States 
Northern Command identified in the Comptroller General 
reports GAO-08-251 and GAO-08-252, including improved 
coordination with other agencies. 
(2) A detailed description of the plans and progress made 
by the Department of Defense to establish forces assigned the 
mission of managing the consequences of an incident in the 
United States homeland involving a chemical, biological, radio-
logical, or nuclear device, or high-yield explosives. 
SEC. 945. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS. 
(a) IN GENERAL.—Not later than 6 months after the date of 
enactment of this Act, the Chief of the National Guard Bureau 
shall submit to the Secretary of Defense a report— 
(1) detailing the extent to which the various provisions 
in title XVIII of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181) have been effective 
in giving the Chief of the National Guard Bureau the authori-
ties and resources needed to perform the responsibilities and 
duties of the Chief; and 
(2) assessing the adequacy of Department of Defense 
funding for the resource requirements of the National Guard. 
(b) REPORT TO CONGRESS.—Not later than 30 days after the 
Secretary of Defense receives the report under subsection (a), the 
Secretary shall submit to Congress such report, along with any 
explanatory comments the Secretary considers necessary. 
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122 STAT. 4580 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. One-time shift of military retirement payments. 
Sec. 1003. Management of purchase cards. 
Sec. 1004. Codification of recurring authority on United States contributions to the 
North Atlantic Treaty Organization common-funded budgets. 
Sec. 1005. Incorporation of funding decisions into law. 
Subtitle B—Policy Relating to Vessels and Shipyards 
Sec. 1011. Conveyance, Navy drydock, Aransas Pass, Texas. 
Sec. 1012. Report on repair of naval vessel in foreign shipyards. 
Sec. 1013. Report on plan for disposal of certain vessels stricken from the Naval 
Vessel Register. 
Sec. 1014. Reimbursement of expenses for certain Navy mess operations. 
Sec. 1015. Policy relating to major combatant vessels of the strike forces of the 
United States Navy. 
Subtitle C—Counter-Drug Activities 
Sec. 1021. Extension of reporting requirement regarding Department of Defense ex-
penditures to support foreign counter-drug activities. 
Sec. 1022. Extension of authority for joint task forces to provide support to law en-
forcement agencies conducting counter-terrorism activities. 
Sec. 1023. Extension 
of 
authority 
to 
support 
unified 
counter-drug 
and 
counterterrorism campaign in Colombia and continuation of numerical 
limitation on assignment of United States personnel. 
Sec. 1024. Expansion and extension of authority to provide additional support for 
counter-drug activities of certain foreign governments. 
Sec. 1025. Comprehensive Department of Defense strategy for counter-narcotics ef-
forts for United States Africa Command. 
Sec. 1026. Comprehensive Department of Defense strategy for counter-narcotics ef-
forts in South and Central Asian regions. 
Subtitle D—Miscellaneous Authorities and Limitations 
Sec. 1031. Enhancement of the capacity of the United States Government to con-
duct complex operations. 
Sec. 1032. Crediting of admiralty claim receipts for damage to property funded 
from a Department of Defense working capital fund. 
Sec. 1033. Minimum annual purchase requirements for charter air transportation 
services from carriers participating in the Civil Reserve Air Fleet. 
Sec. 1034. Semi-annual reports on status of Navy Next Generation Enterprise Net-
works program. 
Sec. 1035. Sense of Congress on nuclear weapons management. 
Sec. 1036.
Sense of Congress on joint Department of Defense-Federal Aviation Ad-
ministration executive committee on conflict and dispute resolution. 
Sec. 1037.
Sense of Congress on sale of new outsize cargo, strategic airlift aircraft 
for civilian use. 
Subtitle E—Studies and Reports 
Sec. 1041. Report on corrosion control and prevention. 
Sec. 1042. Study on using Modular Airborne Fire Fighting Systems (MAFFS) in a 
Federal response to wildfires. 
Sec. 1043. Study on rotorcraft survivability. 
Sec. 1044. Report on nuclear weapons. 
Sec. 1045. Report on compliance by Department of Defense with Guam tax and li-
censing laws. 
Sec. 1046. Report on detention operations in Iraq. 
Sec. 1047. Review of bandwidth capacity requirements of the Department of De-
fense and the intelligence community. 
Sec. 1048. Review of findings and recommendations applicable to the Department 
of Defense regarding electromagnetic pulse attack. 
Subtitle F—Other Matters 
Sec. 1051. Additional information under annual submissions of information regard-
ing information technology capital assets. 
Sec. 1052. Submission to Congress of revision to regulation on enemy prisoners of 
war, retained personnel, civilian internees, and other detainees. 
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122 STAT. 4581 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 1053. Barnegat Inlet to Little Egg Inlet, New Jersey. 
Sec. 1054. Standing advisory panel on improving coordination among the Depart-
ment of Defense, the Department of State, and the United States Agen-
cy for International Development on matters of national security. 
Sec. 1055. Reports on strategic communication and public diplomacy activities of 
the Federal Government. 
Sec. 1056. Prohibitions relating to propaganda. 
Sec. 1057. Sense of Congress on interrogation of detainees by contractor personnel. 
Sec. 1058. Sense of Congress with respect to videotaping or otherwise electronically 
recording strategic intelligence interrogations of persons in the custody 
of or under the effective control of the Department of Defense. 
Sec. 1059. Modification of deadlines for standards required for entry to military in-
stallations in the United States. 
Sec. 1060. Extension of certain dates for Congressional Commission on the Stra-
tegic Posture of the United States. 
Sec. 1061. Technical and clerical amendments. 
Sec. 1062.
Notification of Committees on Armed Services with respect to certain 
nonproliferation and proliferation activities. 
Sec. 1063. Assessment of security measures at consolidated center for North Amer-
ican Aerospace Defense Command and United States Northern Com-
mand. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this division for 
fiscal year 2009 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of authorizations 
so transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—Except as provided in paragraph (3), the 
total amount of authorizations that the Secretary may transfer 
under 
the 
authority 
of 
this 
section 
may 
not 
exceed 
$4,200,000,000. 
(3) EXCEPTION
FOR
TRANSFERS
BETWEEN
MILITARY
PER-
SONNEL AUTHORIZATIONS.—A transfer of funds between military 
personnel authorizations under title IV shall not be counted 
toward the dollar limitation in paragraph (2). 
(b) LIMITATIONS.—The authority provided by this section to 
transfer authorizations— 
(1) may only be used to provide authority for items that 
have a higher priority than the items from which authority 
is transferred; and 
(2) may not be used to provide authority for an item that 
has been denied authorization by Congress. 
(c) EFFECT
ON AUTHORIZATION AMOUNTS.—A transfer made 
from one account to another under the authority of this section 
shall be deemed to increase the amount authorized for the account 
to which the amount is transferred by an amount equal to the 
amount transferred. 
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 
Congress of each transfer made under subsection (a). 
SEC. 1002. ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS. 
(a) REDUCTION
OF
PAYMENTS.—Notwithstanding any other 
provision of law, any amounts that would otherwise be payable 
from the fund to individuals for the month of August 2013 (with 
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122 STAT. 4582 
PUBLIC LAW 110–417—OCT. 14, 2008 
disbursements scheduled for September 2013) shall be reduced by 
1 percent. 
(b) REVERSION.—Beginning on September 1, 2013 (with 
disbursements beginning in October 2013), amounts payable to 
individuals from the fund shall revert back to amounts as specified 
in law as if the reduction in subsection (a) did not take place. 
(c) REFUND.—Any individual who has a payment reduced under 
subsection (a) shall receive a one-time payment, from the fund, 
in an amount equal to the amount of such reduction. This one- 
time payment shall be included with disbursements from the fund 
scheduled for October 2013. 
(d) FUND.—In this section, the term ‘‘fund’’ refers to the Depart-
ment of Defense Military Retirement Fund established by section 
1461 of title 10, United States Code. 
(e) TRANSFER.—Not later than 60 days after the date of the 
enactment of this Act, the Secretary of Defense shall transfer 
$40,000,000 from the unobligated balances of the National Defense 
Stockpile Transaction Fund to the Miscellaneous Receipts Fund 
of the United States Treasury to offset estimated costs arising 
from section 702 and the amendments made by such section. 
SEC. 1003. MANAGEMENT OF PURCHASE CARDS. 
(a) PENALTIES FOR VIOLATIONS.—Section 2784(c)(1) of title 10, 
United States Code, is amended by striking ‘‘(1) provide for’’ and 
inserting the following: 
‘‘(1) provide— 
‘‘(A) for the reimbursement of charges for unauthorized 
or erroneous purchases, in appropriate cases; and 
‘‘(B) for’’. 
(b) REQUIRED REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House 
of Representatives a report detailing actions to be taken by the 
Department of Defense to implement the recommendations of the 
Government Accountability Office in its report titled ‘‘Actions 
Needed to Strengthen Internal Controls to Reduce Fraudulent, 
Improper, and Abusive Purchases’’ (GAO-08-333) to improve safe-
guards and internal controls on the use of agency purchase cards. 
SEC. 1004. CODIFICATION OF RECURRING AUTHORITY ON UNITED 
STATES CONTRIBUTIONS TO THE NORTH ATLANTIC 
TREATY ORGANIZATION COMMON-FUNDED BUDGETS. 
(a) CODIFICATION OF AUTHORITY.— 
(1) IN
GENERAL.—Subchapter II of chapter 134 of title 
10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 2263. United States contributions to the North Atlantic 
Treaty Organization common-funded budgets 
‘‘(a) IN GENERAL.—The total amount contributed by the Sec-
retary of Defense in any fiscal year for the common-funded budgets 
of NATO may be an amount in excess of the maximum amount 
that would otherwise be applicable to those contributions in such 
fiscal year under the fiscal year 1998 baseline limitation. 
‘‘(b) REPORTS.—(1) Not later than October 30 each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the contributions made by the Secretary 
Deadline. 
Effective date. 
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122 STAT. 4583 
PUBLIC LAW 110–417—OCT. 14, 2008 
to the common-funded budgets of NATO in the preceding fiscal 
year. 
‘‘(2) Each report under paragraph (1) shall include, for the 
fiscal year covered by such report, the following: 
‘‘(A) The amounts contributed by the Secretary to each 
of the separate budgets and programs of the North Atlantic 
Treaty Organization under the common-funded budgets of 
NATO. 
‘‘(B) For each budget and program to which the Secretary 
made such a contribution, the percentage of such budget or 
program during the fiscal year that such contribution rep-
resented. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) COMMON-FUNDED
BUDGETS
OF
NATO.—The term 
‘common-funded budgets of NATO’ means the Military Budget, 
the Security Investment Program, and the Civil Budget of 
the North Atlantic Treaty Organization (and any successor 
or additional account or program of NATO). 
‘‘(2) FISCAL
YEAR
1998
BASELINE
LIMITATION.—The term 
‘fiscal year 1998 baseline limitation’ means the maximum 
annual amount of Department of Defense contributions for 
common-funded budgets of NATO that is set forth as the annual 
limitation in section 3(2)(C)(ii) of the resolution of the Senate 
giving the advice and consent of the Senate to the ratification 
of the Protocols to the North Atlantic Treaty of 1949 on the 
Accession of Poland, Hungary, and the Czech Republic (as 
defined in section 4(7) of that resolution), approved by the 
Senate on April 30, 1998.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter II of chapter 134 of such title is 
amended by adding at the end the following new item: 
‘‘2263. United States contributions to the North Atlantic Treaty Organization com-
mon-funded budgets.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2008, and shall apply to fiscal 
years that begin on or after that date. 
SEC. 1005. INCORPORATION OF FUNDING DECISIONS INTO LAW. 
(a) AMOUNTS SPECIFIED
IN JOINT EXPLANATORY STATEMENT 
ARE AUTHORIZED BY LAW.—Wherever a funding table in the Joint 
Explanatory Statement which is to be printed in the Congressional 
Record on or about September 23, 2008, to explain the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 2009 
specifies a dollar amount for a project, program, or activity, the 
obligation and expenditure of the specified dollar amount for the 
indicated project, program, or activity is hereby authorized by law 
to be carried out to the same extent as if included in the text 
of the Act, subject to the availability of appropriations. 
(b) MERIT-BASED DECISIONS.—Decisions by agency heads to 
commit, obligate, or expend funds with or to a specific entity on 
the basis of dollar amount authorized pursuant to subsection (a) 
shall be based on authorized, transparent, statutory criteria, or 
merit-based selection procedures in accordance with the require-
ments of sections 2304(k) and 2374 of title 10, United States Code, 
and other applicable provisions of law. 
(c) 
RELATIONSHIP
TO
TRANSFER
AND
REPROGRAMMING 
AUTHORITY.—This section does not prevent an amount covered by 
Deadline. 
10 USC 2263 
note. 
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122 STAT. 4584 
PUBLIC LAW 110–417—OCT. 14, 2008 
this section from being transferred or reprogrammed under a 
transfer or reprogramming authority provided by another provision 
of this Act or by other law. The transfer or reprogramming of 
an amount incorporated into the Act by this section shall not 
count against a ceiling on such transfers or reprogrammings under 
section 1001 of this Act or any other provision of law, unless 
such transfer or reprogramming would move funds between appro-
priation accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 
to any classified annex to the Joint Explanatory Statement referred 
to in subsection (a). 
(e) ORAL AND WRITTEN COMMUNICATION.—No oral or written 
communication concerning any amount specified in the Joint 
Explanatory Statement referred to in subsection (a) shall supersede 
the requirements of this section. 
Subtitle B—Policy Relating to Vessels and 
Shipyards 
SEC. 1011. CONVEYANCE, NAVY DRYDOCK, ARANSAS PASS, TEXAS. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy is 
authorized to convey the floating drydock AFDL–23, located in 
Aransas Pass, Texas, to Gulf Copper Ship Repair, that company 
being the current lessee of the drydock. 
(b) CONDITION OF CONVEYANCE.—The Secretary shall require 
as a condition of the conveyance under subsection (a) that the 
drydock remain at the facilities of Gulf Copper Ship Repair, at 
Aransas Pass, Texas, until at least September 30, 2010. 
(c) CONSIDERATION.—As consideration for the conveyance of 
the drydock under subsection (a), the purchaser shall provide com-
pensation to the United States the value of which, as determined 
by the Secretary, is equal to the fair market value of the drydock, 
as determined by the Secretary. The Secretary shall take into 
account amounts paid by, or due and owing from, the lessee. 
(d) TRANSFER AT NO COST TO UNITED STATES.—The provisions 
of section 7306(c) of title 10, United States Code, shall apply to 
the conveyance under this section. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 1012. REPORT ON REPAIR OF NAVAL VESSEL IN FOREIGN SHIP-
YARDS. 
Section 7310 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(c) REPORT.—(1) The Secretary of the Navy shall submit to 
Congress each year, at the time that the President’s budget is 
submitted to Congress that year under section 1105(a) of title 
31, a report listing all repairs and maintenance performed on any 
covered naval vessel that has undergone work for the repair of 
the vessel in any shipyard outside the United States or Guam 
(in this section referred to as a ‘foreign shipyard’) during the fiscal 
year preceding the fiscal year in which the report is submitted. 
‘‘(2) The report shall include the percentage of the annual 
ship repair budget of the Navy that was spent on repair of covered 
Applicability. 
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122 STAT. 4585 
PUBLIC LAW 110–417—OCT. 14, 2008 
naval vessels in foreign shipyards during the fiscal year covered 
by the report. 
‘‘(3) The report also shall include the following with respect 
to each covered naval vessel: 
‘‘(A) The justification under law for the repair in a foreign 
shipyard. 
‘‘(B) The name and class of vessel repaired. 
‘‘(C) The category of repair and whether the repair qualified 
as voyage repair as defined in Commander Military Sealift 
Command Instruction 4700.15C (September 13, 2007) or Joint 
Fleet Maintenance Manual (Commander Fleet Forces Command 
Instruction 4790.3 Revision A, Change 7), Volume III. Sched-
uled availabilities are to be considered as a composite and 
reported as a single entity without individual repair and 
maintenance items listed separately. 
‘‘(D) The shipyard where the repair work was carried out. 
‘‘(E) The number of days the vessel was in port for repair. 
‘‘(F) The cost of the repair and the amount (if any) that 
the cost of the repair was less than or greater than the cost 
of the repair provided for in the contract. 
‘‘(G) The schedule for repair, the amount of work accom-
plished (stated in terms of work days), whether the repair 
was accomplished on schedule, and, if not so accomplished, 
the reason for the schedule over-run. 
‘‘(H) The homeport or location of the vessel prior to its 
voyage for repair. 
‘‘(I) Whether the repair was performed under a contract 
awarded through the use of competitive procedures or proce-
dures other than competitive procedures. 
‘‘(4) In this subsection, the term ‘covered naval vessel’ means 
any of the following: 
‘‘(A) A naval vessel. 
‘‘(B) Any other vessel under the jurisdiction of the Secretary 
of the Navy.’’. 
SEC. 1013. REPORT ON PLAN FOR DISPOSAL OF CERTAIN VESSELS 
STRICKEN FROM THE NAVAL VESSEL REGISTER. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of the Navy, in consultation with the 
Administrator of the Maritime Administration, shall submit to the 
congressional defense committees a report containing— 
(1) a plan for the sale and disposal of each vessel over 
50,000 tons light ship displacement stricken from the Naval 
Vessel Register but not yet disposed of by the Navy or the 
Maritime Administration; and 
(2) the estimated contribution to the domestic market for 
steel and other metals that might be made from the scrapping 
of such vessels. 
SEC. 1014. REIMBURSEMENT OF EXPENSES FOR CERTAIN NAVY MESS 
OPERATIONS. 
(a) AUTHORITY FOR PAYMENT.—Of the amounts appropriated 
for operation and maintenance for the Navy, not more that 
$1,000,000 may be used to pay the charge established under section 
1011 of title 37, United States Code, for meals sold by messes 
for United States Navy and Naval Auxiliary vessels to the following: 
(1) Members of nongovernmental organizations and officers 
or employees of host and foreign nations when participating 
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122 STAT. 4586 
PUBLIC LAW 110–417—OCT. 14, 2008 
in or providing support to United States civil-military oper-
ations. 
(2) Foreign national patients treated on Naval vessels 
during the conduct of United States civil-military operations, 
and their escorts. 
(b) EXPIRATION OF AUTHORITY.—The authority to pay for meals 
under subsection (a) shall expire on September 30, 2010. 
(c) REPORT.—Not later than March 31 of each year during 
which the authority to pay for meals under subsection (a) is in 
effect, the Secretary of Defense shall submit to Congress a report 
on the use of such authority. 
SEC. 1015. POLICY RELATING TO MAJOR COMBATANT VESSELS OF 
THE STRIKE FORCES OF THE UNITED STATES NAVY. 
Section 1012(c)(1) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181) is amended by adding 
at the end the following: 
‘‘(D) Amphibious assault ships, including dock landing 
ships (LSD), amphibious transport–dock ships (LPD), heli-
copter assault ships (LHA/LHD), and amphibious command 
ships (LCC), if such vessels exceed 15,000 dead weight 
ton light ship displacement.’’. 
Subtitle C—Counter-Drug Activities 
SEC. 1021. EXTENSION OF REPORTING REQUIREMENT REGARDING 
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 
FOREIGN COUNTER-DRUG ACTIVITIES. 
Section 1022(a) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–255), as most recently 
amended by section 1024 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2383), is further amended by striking ‘‘and February 15, 
2008’’ and inserting ‘‘February 15, 2008, and February 15, 2009’’. 
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO 
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES 
CONDUCTING COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 371 note), as 
amended by section 1021 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 304), 
is amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 
SEC. 
1023. 
EXTENSION 
OF 
AUTHORITY 
TO 
SUPPORT 
UNIFIED 
COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN 
COLOMBIA AND CONTINUATION OF NUMERICAL LIMITA-
TION ON ASSIGNMENT OF UNITED STATES PERSONNEL. 
Section 1021 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2042), as amended by section 1023 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364; 120 Stat. 2382), is further amended— 
(1) in subsection (a), by striking ‘‘2008’’ and inserting 
‘‘2009’’; and 
Ante, p. 303. 
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122 STAT. 4587 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) in subsection (c), by striking ‘‘2008’’ and inserting 
‘‘2009’’. 
SEC. 1024. EXPANSION AND EXTENSION OF AUTHORITY TO PROVIDE 
ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES 
OF CERTAIN FOREIGN GOVERNMENTS. 
(a) EXTENSION OF AUTHORITY.—Subsection (a)(2) of section 1033 
of the National Defense Authorization Act for Fiscal Year 1998 
(Public Law 105–85; 111 Stat. 1881), as amended by section 1021 
of the National Defense Authorization Act for Fiscal Year 2004 
(Public Law 108–136, 117 Stat. 1593), section 1022 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364; 120 Stat. 2137), and section 1022 of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110–181; 122 Stat. 304), is further amended by striking ‘‘2008’’ 
and inserting ‘‘2009’’. 
(b) ADDITIONAL GOVERNMENTS ELIGIBLE
TO RECEIVE SUP-
PORT.—Subsection (b) of such section is amended by adding at 
the end the following new paragraphs: 
‘‘(19) The Government of Guinea–Bissau. 
‘‘(20) The Government of Senegal. 
‘‘(21) The Government of El Salvador. 
‘‘(22) The Government of Honduras.’’. 
(c) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Subsection (e)(2) 
of such section is amended— 
(1) by striking ‘‘or’’ after ‘‘2006,’’; and 
(2) by striking the period at the end and inserting ‘‘, or 
$75,000,000 during fiscal year 2009.’’. 
(d) CONDITION ON PROVISION OF SUPPORT.—Subsection (f) of 
such section is amended— 
(1) in paragraph (2), by inserting after ‘‘In the case of’’ 
the following: ‘‘funds appropriated for fiscal year 2009 to carry 
out this section and’’; and 
(2) in paragraph (4)(B), by striking ‘‘Committee on Inter-
national Relations’’ and inserting ‘‘Committee on Foreign 
Affairs’’. 
(e) COUNTER-DRUG PLAN.—Subsection (h) of such section is 
amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘fiscal 
year 2004’’ and inserting ‘‘fiscal year 2009’’; and 
(2) in subparagraph (7), by striking ‘‘For the first fiscal 
year’’ and inserting ‘‘For fiscal year 2009, and thereafter, for 
the first fiscal year’’. 
SEC. 1025. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY 
FOR COUNTER-NARCOTICS EFFORTS FOR UNITED STATES 
AFRICA COMMAND. 
(a) REPORT REQUIRED.—Not later than June 30, 2009, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a comprehensive strategy of the Department of the Defense 
with regard to counter-narcotics efforts in Africa, with an emphasis 
on West Africa and the Maghreb. The Secretary of Defense shall 
prepare the strategy in consultation with the Secretary of State. 
(b) MATTERS TO BE INCLUDED.—The comprehensive strategy 
shall consist of a general overview and a separate detailed section 
for each of the following: 
(1) A description of the overall United States counter- 
narcotics policy for Africa. 
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122 STAT. 4588 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) The roles and missions of the Department of Defense 
in support of the overall United States counter-narcotics policy 
for Africa. 
(3) The priorities for the Department of Defense to meet 
programmatic objectives one-year, three-years, and five-years 
after the end of fiscal year 2009, including a description of 
the expected allocation of resources of the Department of 
Defense to accomplish these priorities. 
(4) The efforts of the Secretary of Defense to coordinate 
the Department of Defense counter-narcotics activities in Africa 
with Department of Defense building capacity programs, 
including programs carried out under the authority of the Sec-
retary under section 1206 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456). 
(5) The efforts to coordinate the counter-narcotics activities 
of the Department of Defense with the counter-narcotics activi-
ties of the governments eligible to receive support under section 
1033 of the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 1881) and the counter- 
narcotics activities in Africa of European countries and other 
international and regional partners. 
(c) PLANS.—The comprehensive strategy shall also include the 
following plans: 
(1) A detailed and comprehensive plan to utilize the 
capabilities and assets of the combatant commands that geo-
graphically surround the United States Africa Command for 
the counter-narcotics efforts and activities of the United States 
Africa Command on a temporary basis until the United States 
Africa Command develops its own commensurate capabilities 
and assets, including in the plan a description of what measures 
will be taken to effectuate the transition of the missions. 
(2) A detailed and comprehensive plan to enhance coopera-
tion with certain African countries, which are often geographi-
cally contiguous to other African countries that have a signifi-
cant narcotics-trafficking challenges, to increase the effective-
ness of the counter-narcotics activities of the Department of 
Defense and its international and regional partners. 
SEC. 1026. COMPREHENSIVE DEPARTMENT OF DEFENSE STRATEGY 
FOR COUNTER-NARCOTICS EFFORTS IN SOUTH AND CEN-
TRAL ASIAN REGIONS. 
(a) REPORT REQUIRED.—Not later than June 30, 2009, the Sec-
retary of Defense shall submit to the congressional defense commit-
tees a comprehensive strategy of the Department of the Defense 
with regard to counter-narcotics efforts in the South and Central 
Asian 
regions, 
including 
the 
countries 
of 
Afghanistan, 
Turkmenistan, Tajikistan, Kyrgyzstan, Kazakhstan, Pakistan, and 
India, as well as the countries of Armenia, Azerbaijan, and China. 
(b) MATTERS TO BE INCLUDED.—The comprehensive strategy 
shall consist of a general overview and a separate detailed section 
for each of the following: 
(1) The roles and missions of the Department of Defense 
in support of the overall United States counter-narcotics policy 
for countries of the South and Central Asian regions and the 
other countries specified in subsection (a). 
(2) The priorities for the Department of Defense to meet 
programmatic objectives for fiscal year 2010, including a 
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122 STAT. 4589 
PUBLIC LAW 110–417—OCT. 14, 2008 
description of the expected allocation of resources of the Depart-
ment of Defense to accomplish these priorities. 
(3) The ongoing and planned counter-narcotics activities 
funded by the Department of Defense for such regions and 
countries. 
(4) The efforts to coordinate the counter-narcotics activities 
of the Department of Defense with the counter-narcotics activi-
ties of such regions and countries and the counter-narcotics 
activities of other international partners in such regions and 
countries. 
(5) The specific metrics used by the Department of Defense 
to evaluate progress of activities to reduce the production and 
trafficking of illicit narcotics in such regions and countries. 
Subtitle D—Miscellaneous Authorities and 
Limitations 
SEC. 1031. ENHANCEMENT OF THE CAPACITY OF THE UNITED STATES 
GOVERNMENT TO CONDUCT COMPLEX OPERATIONS. 
(a) IN GENERAL.—Chapter 20 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 409. Center for Complex Operations 
‘‘(a) CENTER AUTHORIZED.—The Secretary of Defense may estab-
lish a center to be known as the ‘Center for Complex Operations’ 
(in this section referred to as the ‘Center’). 
‘‘(b) PURPOSES.—The purposes of the Center established under 
subsection (a) shall be the following: 
‘‘(1) To provide for effective coordination in the preparation 
of Department of Defense personnel and other United States 
Government personnel for complex operations. 
‘‘(2) To foster unity of effort during complex operations 
among— 
‘‘(A) the departments and agencies of the United States 
Government; 
‘‘(B) foreign governments and militaries; 
‘‘(C) international organizations and international non-
governmental organizations; and 
‘‘(D) domestic nongovernmental organizations. 
‘‘(3) To conduct research; collect, analyze, and distribute 
lessons learned; and compile best practices in matters relating 
to complex operations. 
‘‘(4) To identify gaps in the education and training of 
Department of Defense personnel, and other relevant United 
States Government personnel, relating to complex operations, 
and to facilitate efforts to fill such gaps. 
‘‘(c) CONCURRENCE
OF
THE SECRETARY
OF STATE.—The Sec-
retary of Defense shall seek the concurrence of the Secretary of 
State to the extent the efforts and activities of the Center involve 
the entities referred to in subparagraphs (B) and (C) of subsection 
(b)(2). 
‘‘(d) SUPPORT
FROM
OTHER
UNITED
STATES
GOVERNMENT 
DEPARTMENTS
OR AGENCIES.—The head of any non-Department 
of Defense department or agency of the United States Government 
may— 
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122 STAT. 4590 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(1) provide to the Secretary of Defense services, including 
personnel support, to support the operations of the Center; 
and 
‘‘(2) transfer funds to the Secretary of Defense to support 
the operations of the Center. 
‘‘(e) ACCEPTANCE
OF GIFTS
AND DONATIONS.—(1) Subject to 
paragraph (3), the Secretary of Defense may accept from any source 
specified in paragraph (2) any gift or donation for purposes of 
defraying the costs or enhancing the operations of the Center. 
‘‘(2) The sources specified in this paragraph are the following: 
‘‘(A) The government of a State or a political subdivision 
of a State. 
‘‘(B) The government of a foreign country. 
‘‘(C) A foundation or other charitable organization, 
including a foundation or charitable organization that is orga-
nized or operates under the laws of a foreign country. 
‘‘(D) Any source in the private sector of the United States 
or a foreign country. 
‘‘(3) The Secretary may not accept a gift or donation under 
this subsection if acceptance of the gift or donation would com-
promise or appear to compromise— 
‘‘(A) the ability of the Department of Defense, any employee 
of the Department, or any member of the armed forces to 
carry out the responsibility or duty of the Department in a 
fair and objective manner; or 
‘‘(B) the integrity of any program of the Department or 
of any person involved in such a program. 
‘‘(4) The Secretary shall provide written guidance setting forth 
the criteria to be used in determining the applicability of paragraph 
(3) to any proposed gift or donation under this subsection. 
‘‘(f) CREDITING OF FUNDS TRANSFERRED OR ACCEPTED.—Funds 
transferred to or accepted by the Secretary of Defense under this 
section shall be credited to appropriations available to the Depart-
ment of Defense for the Center, and shall be available for the 
same purposes, and subject to the same conditions and limitations, 
as the appropriations with which merged. Any funds so transferred 
or accepted shall remain available until expended. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘complex operation’ means an operation as 
follows: 
‘‘(A) A stability operation. 
‘‘(B) A security operation. 
‘‘(C) A transition and reconstruction operation. 
‘‘(D) A counterinsurgency operation. 
‘‘(E) An operation consisting of irregular warfare. 
‘‘(2) The term ‘gift or donation’ means any gift or donation 
of funds, materials (including research materials), real or per-
sonal property, or services (including lecture services and fac-
ulty services).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 20 of such title is amended by adding at the 
end the following new item: 
‘‘409. Center for Complex Operations.’’. 
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122 STAT. 4591 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 1032. CREDITING OF ADMIRALTY CLAIM RECEIPTS FOR DAMAGE 
TO 
PROPERTY 
FUNDED 
FROM 
A 
DEPARTMENT 
OF 
DEFENSE WORKING CAPITAL FUND. 
Section 7623(b) of title 10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 
(2) in paragraph (1), as so designated, by striking the 
last sentence; and 
(3) by adding at the end the following new paragraph: 
‘‘(2)(A) Except as provided in subparagraph (B), amounts 
received under this section shall be covered into the Treasury 
as miscellaneous receipts. 
‘‘(B) Amounts received under this section for damage or loss 
to property operated and maintained with funds from a Department 
of Defense working capital fund or account shall be credited to 
that fund or account.’’. 
SEC. 
1033. 
MINIMUM 
ANNUAL 
PURCHASE 
REQUIREMENTS 
FOR 
CHARTER AIR TRANSPORTATION SERVICES FROM CAR-
RIERS PARTICIPATING IN THE CIVIL RESERVE AIR FLEET. 
(a) IN GENERAL.—Chapter 931 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 9515. Charter air transportation services: minimum annual 
purchase amount for carriers participating in Civil 
Reserve Air Fleet 
‘‘(a) IN GENERAL.—The Secretary of Defense shall take steps 
to— 
‘‘(1) improve the predictability in Department of Defense 
charter requirements; 
‘‘(2) strengthen Civil Reserve Airlift Fleet participation to 
assure adequate capacity is available to meet steady-state, 
surge and mobilization requirements; and 
‘‘(3) provide incentives for commercial air passenger car-
riers to provide newer, more efficient and reliable aircraft for 
Department of Defense service rather than older, fully depre-
ciated aircraft. 
‘‘(b) CONSIDERATION OF RECOMMENDATIONS.—In carrying out 
subsection (a), the Secretary of Defense shall consider the rec-
ommendations on courses of action for the Civil Reserve Air Fleet 
as outlined in the report required by Section 356 of the National 
Defense Authorization Act for 2008 (Public Law 110-181). 
‘‘(c) CONTRACTS FOR CHARTER AIR TRANSPORTATION SERVICES.— 
The Secretary of Defense may award to an air carrier or an air 
carrier contractor team arrangement participating in the Civil 
Reserve Air Fleet on a fiscal year basis a one-year contract for 
charter air transportation services with a minimum purchase 
amount under such contract determined in accordance with this 
section. 
‘‘(d) ELIGIBLE CHARTER AIR TRANSPORTATION CARRIERS.—In 
order to be eligible for payments under the minimum purchase 
amount provided by this section, an air carrier (or any air carrier 
participating in an air carrier contractor team arrangement)— 
‘‘(1) if under contract with the Department of Defense 
in the prior fiscal year, shall have an average on-time pick 
up rate, based on factors within such air carrier’s control, 
of at least 90 percent; 
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122 STAT. 4592 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(2) shall offer such amount of commitment to the Civil 
Reserve Air Fleet in excess of the minimum required for partici-
pation in the Civil Reserve Air Fleet as the Secretary of Defense 
shall specify for purposes of this section; and 
‘‘(3) may not have refused a Department of Defense request 
to act as a host for other Civil Reserve Air Fleet carriers 
at intermediate staging bases during the prior fiscal year. 
‘‘(e) AGGREGATE MINIMUM PURCHASE AMOUNT.—(1) The aggre-
gate amount of the minimum purchase amount for all contracts 
awarded under subsection (c) for a fiscal year shall be based on 
forecast needs, but may not exceed the amount equal to 80 percent 
of the average annual expenditure of the Department of Defense 
for charter air transportation services during the five-fiscal year 
period ending in the fiscal year before the fiscal year for which 
such contracts are awarded. 
‘‘(2) In calculating the average annual expenditure of the 
Department of Defense for charter air transportation services for 
purposes of paragraph (1), the Secretary of Defense shall omit 
from the calculation any fiscal year exhibiting unusually high 
demand for charter air transportation services if the Secretary 
determines that the omission of such fiscal year from the calculation 
will result in a more accurate forecast of anticipated charter air 
transportation services for purposes of that paragraph. 
‘‘(f) ALLOCATION OF MINIMUM PURCHASE AMONG CHARTER AIR 
TRANSPORTATION CONTRACTS.—(1) The aggregate amount of the 
minimum purchase amount for all contracts awarded under sub-
section (c) for a fiscal year, as determined under subsection (e), 
shall be allocated among all air carriers and air carrier contractor 
team arrangements awarded contracts under subsection (c) for such 
fiscal year in proportion to the commitments of such carriers to 
the Civil Reserve Air Fleet for such fiscal year. 
‘‘(2) In determining the minimum purchase amount payable 
under paragraph (1) under a contract under subsection (c) for 
charter air transportation services provided by an air carrier or 
air carrier contractor team arrangement during the fiscal year 
covered by such contract, the Secretary of Defense may adjust 
the amount allocated to such carrier or arrangement under para-
graph (2) to take into account periods during such fiscal year 
when charter air transportation services of such carrier or a carrier 
in such arrangement are unavailable for usage by the Department 
of Defense, including during periods of refused business or sus-
pended operations or when such carrier is placed in nonuse status 
pursuant to section 2640 of this title for safety reasons. 
‘‘(g) DISTRIBUTION OF AMOUNTS.—If any amount available under 
this section for the minimum purchase of charter air transportation 
services from a carrier or air carrier contractor team arrangement 
for a fiscal year under a contract under subsection (c) is not utilized 
to purchase charter air transportation services from the carrier 
or arrangement in such fiscal year, such amount shall be provided 
to the carrier or arrangement before the first day of the following 
fiscal year. 
‘‘(h) COMMITMENT OF FUNDS.—(1) The Secretary of each military 
department shall transfer to the transportation working capital 
fund a percentage of the total amount anticipated to be required 
in such fiscal year for the payment of minimum purchase amounts 
under all contracts awarded under subsection (c) for such fiscal 
year equivalent to the percentage of the anticipated use of charter 
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122 STAT. 4593 
PUBLIC LAW 110–417—OCT. 14, 2008 
air transportation services by such military department during 
such fiscal year from all carriers under contracts awarded under 
subsection (c) for such fiscal year. 
‘‘(2) Any amounts required to be transferred under paragraph 
(1) shall be transferred by the last day of the fiscal year concerned 
to meet the requirements of subsection (g) unless minimum pur-
chase amounts have already been distributed by the Secretary 
of Defense under subsection (g) as of that date. 
‘‘(i) AVAILABILITY
OF AIRLIFT SERVICES.—(1) From the total 
amount of charter air transportation services available for a fiscal 
year under all contracts awarded under subsection (c) for such 
fiscal year, a military department shall be entitled to obtain a 
percentage of such services equal to the percentage of the contribu-
tion of the military department to the transportation working cap-
ital fund for such fiscal year under subsection (h). 
‘‘(2) A military department may transfer any entitlement to 
charter air transportation services under paragraph (1) to any other 
military department or to any other agency, element, or component 
of the Department of Defense. 
‘‘(j) DEFINITION.—In this section, the term ‘charter air transpor-
tation’ has the meaning given such term in section 40102(14) of 
title 49, United States Code, except that it only means such 
transportation for which the Secretary of Defense has entered into 
a contract for the purpose of passenger travel. 
‘‘(k) SUNSET.—The authorities in this section shall expire on 
December 31, 2015.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 941 of such title is amended by adding at the 
end the following new item: 
‘‘9515. Charter air transportation services: minimum annual purchase amount for 
carriers participating in Civil Reserve Air Fleet.’’. 
(c) REPORT
TO
CONGRESS; LIMITATION
ON
EXERCISE
OF 
AUTHORITY.— 
(1) REPORT.—The Secretary of Defense shall submit to the 
congressional defense committees a written report on the 
actions taken under subsections (a) and (b) of section 9515 
of title 10, United States Code, as added by subsection (a), 
along with the anticipated risks and benefits of such actions. 
(2) LIMITATION.—No authority under subsections (c) 
through (I) of such section may be implemented until 30 days 
after the date on which the Secretary submits the report 
required under paragraph (1). 
SEC. 1034. SEMI-ANNUAL REPORTS ON STATUS OF NAVY NEXT GENERA-
TION ENTERPRISE NETWORKS PROGRAM. 
(a) SEMI-ANNUAL
REPORTS
REQUIRED.—The Secretary of 
Defense shall submit to the congressional defense committees semi- 
annual reports on the status of the development, testing, and 
deployment of the Navy Next Generation Enterprise Networks pro-
gram and the transition of the capabilities provided by the Navy 
Marine Corps Intranet program to the Next Generation Enterprise 
Networks program. Each such report shall cover such status during 
the two fiscal quarters preceding the fiscal quarter in which the 
report is submitted. 
(b) COORDINATION.—The Secretary of Defense shall develop 
each of the semi-annual reports required under subsection (a) in 
coordination with the Secretary of the Navy, the Under Secretary 
10 USC 9515 
note. 
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122 STAT. 4594 
PUBLIC LAW 110–417—OCT. 14, 2008 
of Defense for Acquisition, Technology, and Logistics, the Assistant 
Secretary of Defense for Networks and Information Integration, 
and the Director of Operational Test and Evaluation. 
(c) CONTENTS OF REPORTS.—Each of the reports required under 
subsection (a) shall address the following matters for the period 
covered by the report: 
(1) For each Next Generation Enterprise Networks contract 
entered into by the Secretary of Defense— 
(A) the metrics used for quantitatively measuring the 
performance of the entity with which the Secretary has 
entered into the contract and, based on such metrics, an 
assessment of the performance of such entity during such 
period; 
(B) the qualitative measures used to assess the 
performance of such entity and, based on such qualitative 
measures, an assessment of the performance of such entity 
during such period; 
(C) the mechanisms for providing incentives to improve 
the performance of such entity, the processes for deter-
mining incentive payments, and the use of incentive pay-
ments made during such period; and 
(D) the mechanisms for penalizing such entity for poor 
performance, the processes for determining penalties, and 
the use of such penalties during such period. 
(2) Any progress made during such period to transition 
information technology services from the Navy Marine Corps 
Intranet program to the Next Generation Enterprise Networks 
program, including the transfer of intellectual property and 
infrastructure, and a description of contracting mechanisms 
used to facilitate such transition and the provision of services 
related to such transition. 
(3) An assessment of any issues arising during such period 
that relate to the valuation and ownership of intellectual prop-
erty and infrastructure in the Navy Marine Corps Intranet 
program. 
(4) Any activities carried out by the Next Generation Enter-
prise Networks Governance Board to resolve issues related 
to the Next Generation Enterprise Network program. 
(5) An assessment of the operational effectiveness and suit-
ability of the Next Generation Enterprise Networks program 
during such period based on testing activities and other assess-
ments. 
(6) A description of the information security and informa-
tion assurance posture and performance of the Next Generation 
Enterprise Networks program during such period. 
(7) The schedule, status, and goals of the early transition 
activities between the Navy Marine Corps Intranet program 
and the Next Generation Enterprise Networks program carried 
out during such period. 
(8) A description of the role of the Next Generation Enter-
prise Networks program with the Navy’s network environment. 
(9) An updated acquisition milestone schedule, including 
any changes from previous planned schedules, the status of 
achieving milestones, and mitigation strategies for maintaining 
program schedule performance. 
(d) DEADLINE FOR SUBMITTAL OF REPORTS.—The Secretary of 
Defense shall submit the semi-annual reports required under this 
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122 STAT. 4595 
PUBLIC LAW 110–417—OCT. 14, 2008 
section by not later than April 1 and October 1 of each year, 
and shall submit the first report required under this section by 
not later than April 1, 2009. 
(e) TERMINATION.—The requirement to submit semi-annual 
reports under this section shall terminate on the date that is 
one year after the date on which the Secretary of Defense completes 
the full transition of the provision of services from the Navy Marine 
Corps Intranet program and other transition programs to the Next 
Generation Enterprise Networks program. 
SEC. 1035. SENSE OF CONGRESS ON NUCLEAR WEAPONS MANAGE-
MENT. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The unauthorized transfer of nuclear weapons from 
Minot Air Force Base, North Dakota, to Barksdale Air Force 
Base, Louisiana, in August 2007 was an extraordinary breach 
of the command and control and security of nuclear weapons. 
(2) The reviews conducted following that unauthorized 
transfer found that the ability of the Department of Defense 
to provide oversight of nuclear weapons matters had degen-
erated and that senior level attention to nuclear weapons 
management is minimal at best. 
(3) The lack of attention to nuclear weapons and related 
equipment by the Department of Defense was demonstrated 
again when it was discovered in March 2008 that classified 
equipment from Minuteman III intercontinental ballistic mis-
siles was inadvertently shipped to Taiwan in 2006. 
(4) The Department of Defense has insufficient capability 
and staffing in the Office of the Under Secretary of Defense 
for Policy to provide the necessary oversight of the nuclear 
weapons functions of the Department. 
(5) The key senior position responsible for nuclear weapons 
matters in the Department of Defense, the Assistant to the 
Secretary of Defense for Nuclear and Chemical and Biological 
Defense Programs, a position filled by appointment by and 
with the advice and consent of the Senate, was vacant for 
more than 18 months before being filled in July 2008. 
(6) The inability to provide consistent senior level emphasis 
on nuclear weapons policy has contributed to an erosion in 
the level of attention paid to nuclear weapons matters across 
the Department of Defense. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States should maintain clear and unambig-
uous command and control of its nuclear weapons; 
(2) the safety and security of nuclear weapons and related 
equipment should be a high priority as long as the United 
States maintains a stockpile of nuclear weapons; 
(3) these objectives will be more successfully attained if 
greater attention is paid to nuclear weapons matters within 
the Office of the Secretary of Defense, the Office of the Under 
Secretary of Defense for Policy, and the Office of the Under 
Secretary of Defense for Acquisition, Technology, and Logistics; 
(4) the Secretary of Defense should consider establishing 
and filling a senior position, at the level of Assistant Secretary 
of Defense or Deputy Under Secretary of Defense, within the 
Office of the Under Secretary of Defense for Policy to hold 
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122 STAT. 4596 
PUBLIC LAW 110–417—OCT. 14, 2008 
primary responsibility for the strategic and nuclear weapons 
policy of the Department of Defense; and 
(5) the Secretary of Defense should clarify the lines of 
responsibility and accountability for nuclear weapons matters 
within the Office of the Secretary of Defense to place greater 
emphasis on strategic and nuclear weapons policy and manage-
ment. 
SEC. 1036. SENSE OF CONGRESS ON JOINT DEPARTMENT OF DEFENSE- 
FEDERAL AVIATION ADMINISTRATION EXECUTIVE COM-
MITTEE ON CONFLICT AND DISPUTE RESOLUTION. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Unmanned aerial systems (UAS) of the Department 
of Defense, like the Predator and the Global Hawk, have become 
a critical component of military operations. Unmanned aerial 
systems are indispensable in the conflict against terrorism and 
the campaigns in Afghanistan and Iraq. 
(2) Unmanned aerial systems of the Department of Defense 
must operate in the National Airspace System (NAS) for 
training, operational support to the combatant commands, and 
support to domestic authorities in emergencies and national 
disasters. 
(3) The Department of Defense has been lax in developing 
certifications of airworthiness for unmanned aerial systems, 
qualifications for operators of unmanned aerial systems, data-
bases on safety matters relating to unmanned aerial systems, 
and standards, technology, and procedures that are necessary 
for routine access of unmanned aerial systems to the National 
Airspace System. 
(4) As recognized in a Memorandum of Agreement for Oper-
ation of Unmanned Aircraft Systems in the National Airspace 
System signed by the Deputy Secretary of Defense and the 
Administrator of the Federal Aviation Administration in Sep-
tember 2007, it is vital for the Department of Defense and 
the Federal Aviation Administration to collaborate closely to 
achieve progress in gaining access for unmanned aerial systems 
to the National Airspace System to support military require-
ments. 
(5) The Department of Defense and the Federal Aviation 
Administration have jointly and separately taken significant 
actions to improve the access of unmanned aerial systems of 
the Department of Defense to the National Airspace System, 
but overall, the pace of progress in access of such systems 
to the National Airspace System has been insufficient and 
poses a threat to national security. 
(6) Techniques and procedures can be rapidly acquired 
or developed to temporarily permit safe operations of unmanned 
aerial systems in the National Airspace System until perma-
nent safe operations of such systems in the National Airspace 
System can be achieved. 
(7) Identifying, developing, approving, implementing, and 
monitoring the adequacy of these techniques and procedures 
may require the establishment of a joint Department of 
Defense-Federal Aviation Administration executive committee 
reporting to the highest levels of the Department of Defense 
and the Federal Aviation Administration on matters relating 
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122 STAT. 4597 
PUBLIC LAW 110–417—OCT. 14, 2008 
to the access of unmanned aerial systems of the Department 
of Defense to the National Airspace System. 
(8) Joint management attention at the highest levels of 
the Department of Defense and the Federal Aviation Adminis-
tration may also be required on other important issues, such 
as type ratings for aerial refueling aircraft. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense should seek an agreement with the 
Administrator of the Federal Aviation Administration to jointly 
establish within the Department of Defense and the Federal Avia-
tion Administration a joint Department of Defense–Federal Aviation 
Administration executive committee on conflict and dispute resolu-
tion which would— 
(1) act as a focal point for the resolution of disputes on 
matters of policy and procedures between the Department of 
Defense and the Federal Aviation Administration with respect 
to— 
(A) airspace, aircraft certifications, and aircrew 
training; and 
(B) other issues brought before the joint executive com-
mittee by the Department of Defense or the Department 
of Transportation; 
(2) identify solutions to the range of technical, procedural, 
and policy concerns arising in the disputes described in para-
graph (1); and 
(3) identify solutions to the range of technical, procedural, 
and policy concerns arising in the integration of Department 
of Defense unmanned aerial systems into the National Airspace 
System in order to achieve the increasing, and ultimately rou-
tine, access of such systems into the National Airspace System. 
SEC. 1037. SENSE OF CONGRESS ON SALE OF NEW OUTSIZE CARGO, 
STRATEGIC AIRLIFT AIRCRAFT FOR CIVILIAN USE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The 2006 Quadrennial Defense Review and the 2005 
Mobility Capability Study determined that the United States 
Transportation Command requires a force of 292 to 383 organic 
strategic airlift aircraft, augmented by procurement of airlift 
service from commercial air carriers participating in the Civil 
Reserve Air Fleet, to meet the demands of the National Military 
Strategy. Congress has authorized and appropriated funds for 
316 strategic airlift aircraft. 
(2) The commander of the United States Transportation 
Command has testified to Congress that it is essential to safe-
guard the capabilities and capacity of the Civil Reserve Air 
Fleet to meet wartime surge demands in connection with major 
combat operations and that procurement by the Air Force of 
excess organic strategic airlift aircraft could be harmful to 
the health of the Civil Reserve Air Fleet. 
(3) The C–17 aircraft is used extensively by the Air Mobility 
Command in the Global War on Terror. Production of the 
C–17 aircraft is scheduled to cease in August, 2010. 
(4) The Federal Aviation Administration has informed Con-
gress that no fewer than six commercial operators have 
expressed interest in operating a commercial variant of the 
C–17 aircraft. Commercial sale of the new C–17 aircraft would 
require that the Department of Defense determine that it is 
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122 STAT. 4598 
PUBLIC LAW 110–417—OCT. 14, 2008 
in the national interest for the Federal Aviation Administration 
to proceed with the issuance of a type certificate for C-17 
aircraft in accordance with section 21.27 of title 14, Code of 
Federal Regulations. 
(5) New C–17 aircraft sold for commercial use could be 
made available to the Civil Reserve Air Fleet, thus strength-
ening the capabilities and capacity of the Civil Reserve Air 
Fleet. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Secretary of Defense, in consultation with the Secretary of 
Transportation, should— 
(1) review the benefits and feasibility of pursuing a new 
production commercial cargo capability with new C–17 commer-
cial variant aircraft and determine whether such capability 
is in the national interest; and 
(2) if the Secretary of Defense determines that such a 
capability is in the national interest, take appropriate actions 
to coordinate with the Federal Aviation Administration to 
achieve the type certification for a commercial variant of the 
C-17 required by section 21.27 of title 14, Code of Federal 
Regulations. 
Subtitle E—Studies and Reports 
SEC. 1041. REPORT ON CORROSION CONTROL AND PREVENTION. 
(a) REPORT
REQUIRED.—The Secretary of Defense, acting 
through the Director of Corrosion Policy and Oversight, shall pre-
pare and submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on corrosion 
control and prevention in weapons systems and equipment. 
(b) MATTERS COVERED.—The report shall include the comments 
and recommendations of the Department of Defense regarding 
potential improvements in corrosion control and prevention through 
earlier planning. In particular, the report shall include an evalua-
tion and business case analysis of options for improving corrosion 
control and prevention in the requirements and acquisition proc-
esses of the Department of Defense for weapons systems and equip-
ment. The evaluation shall include an analysis of the impact of 
such potential improvements on system acquisition costs and life 
cycle sustainment. The options for improved corrosion control and 
prevention shall include corrosion control and prevention— 
(1) as a key performance parameter for assessing the selec-
tion of materials and processes; 
(2) as a key performance parameter for sustainment; 
(3) as part of the capability development document in the 
joint capabilities integration and development system; and 
(4) as a requirement for weapons systems managers to 
assess their corrosion control and prevention requirements over 
a system’s life cycle and incorporate the results into their 
acquisition strategies prior to issuing a solicitation for contracts. 
(c) DEADLINE.—The report shall be submitted not later than 
120 days after the date of the enactment of this Act. 
(d) REVIEW BY COMPTROLLER GENERAL.—The Comptroller Gen-
eral shall review the report required under subsection (a), including 
the methodology used in the Department’s analysis, and shall pro-
vide the results of the review to the Committees on Armed Services 
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122 STAT. 4599 
PUBLIC LAW 110–417—OCT. 14, 2008 
of the Senate and the House of Representatives not later than 
60 days after the Department submits the report. 
SEC. 1042. STUDY ON USING MODULAR AIRBORNE FIRE FIGHTING SYS-
TEMS (MAFFS) IN A FEDERAL RESPONSE TO WILDFIRES. 
(a) IN GENERAL.—The Secretary of Defense shall carry out 
a study to determine— 
(1) how to utilize the Department’s Modular Airborne Fire 
Fighting Systems (MAFFS) in all contingencies where there 
is a Federal response to wildfires; and 
(2) how to decrease the costs of using the Department’s 
MAFFS when supporting National Interagency Fire Center 
(NIFC) fire fighting operations. 
(b) REPORT.—Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the results of the study. 
SEC. 1043. STUDY ON ROTORCRAFT SURVIVABILITY. 
(a) STUDY REQUIRED.—The Secretary of Defense and the Chair-
man of the Joint Chiefs of Staff shall carry out a study on Depart-
ment of Defense rotorcraft survivability. The study shall— 
(1) with respect to actual losses of rotorcraft in combat— 
(A) identify the rates of such losses from 1965 through 
2008, measured in total annual losses by type of aircraft 
and by cause, with rates for loss per flight hour and loss 
per sortie provided; 
(B) identify by category of hostile action (such as small 
arms, Man-Portable Air Defense Systems, and so on), the 
causal factors for the losses; and 
(C) propose candidate solutions for survivability (such 
as training, tactics, speed, countermeasures, maneuver-
ability, lethality, technology, and so on), in a prioritized 
list with explanations, to mitigate each such causal factor, 
along with recommended funding adequate to achieve rates 
at least equal to the experience in the Vietnam conflict; 
(2) with respect to actual losses of rotorcraft in combat 
theater not related to hostile action— 
(A) identify the causal factors of loss in a ranked 
list; and 
(B) propose candidate solutions for survivability (such 
as training, tactics, speed, countermeasures, maneuver-
ability, lethality, technology, and so on), in a prioritized 
list, to mitigate each such causal factor, along with rec-
ommended funding adequate to achieve the Secretary’s 
Mishap Reduction Initiative goal of not more than 0.5 
mishaps per 100,000 flight hours; 
(3) with respect to losses of rotorcraft in training or other 
non-combat operations during peacetime or interwar years— 
(A) 
identify 
by 
category 
(such 
as 
inadvertent 
instrument meteorological conditions, wire strike, and so 
on) the causal factors of loss in a ranked list; and 
(B) identify candidate solutions for survivability and 
performance (such as candidate solutions referred to in 
paragraph (2)(B) as well as maintenance, logistics, systems 
development, and so on) in a prioritized list, to mitigate 
each such causal factor, along with recommended funding 
adequate to achieve the goal of rotorcraft loss rates to 
non-combat causes being reduced to 1.0; 
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122 STAT. 4600 
PUBLIC LAW 110–417—OCT. 14, 2008 
(4) identify the key technical factors (causes of mishaps 
that are not related to human factors) negatively impacting 
the rotorcraft mishap rates and survivability trends, to include 
reliability, availability, maintainability, and other logistical 
considerations; and 
(5) identify what TACAIR is and has done differently to 
have such a decrease in losses per sortie when compared to 
rotorcraft, to include— 
(A) examination of aircraft, aircraft maintenance, logis-
tics, operations, and pilot and operator training; 
(B) an emphasis on the development of common service 
requirements that TACAIR has implemented already which 
are minimizing losses within TACAIR; and 
(C) candidate solutions, in a prioritized list, to mitigate 
each causal factor with recommended funding adequate 
to achieve the goal of rotorcraft loss rates stated above. 
(b) REPORT.—Not later than August 1, 2009, the Secretary 
and the Chairman shall submit to the congressional defense commit-
tees a report on the results of the study. 
SEC. 1044. REPORT ON NUCLEAR WEAPONS. 
(a) FINDINGS.—Congress finds that— 
(1) numerous nuclear weapons are held in the arsenals 
of various countries around the world; 
(2) some of these weapons make attractive targets for theft 
and for use by terrorist organizations; 
(3) the United States should identify, track, and monitor 
these weapons as a matter of national security; 
(4) the United States should assess the security risks asso-
ciated with existing stockpiles of nuclear weapons and should 
assess the risks of nuclear weapons being developed, acquired, 
or utilized by other countries, particularly rogue states, and 
by terrorists and other non-state actors; and 
(5) the United States should work cooperatively with other 
countries to improve the security of nuclear weapons and to 
promote multilateral reductions in the numbers of nuclear 
weapons. 
(b) REVIEW.—The President, in consultation with the Secretary 
of Defense, the Secretary of State, the Secretary of Energy, and 
the Director of National Intelligence, shall conduct a review of 
nuclear weapons world-wide that includes— 
(1) an inventory of the nuclear arsenals of all countries 
that possess, or are believed to possess, nuclear weapons, which 
indicates, as accurately as possible, the nuclear weapons that 
are known, or are believed, to exist according to nationality, 
type, yield, and form of delivery, and an assessment of the 
methods that are currently employed to identify, track, and 
monitor nuclear weapons and their component materials; 
(2) an assessment of the risks associated with the deploy-
ment, transfer, and storage of nuclear weapons deemed to 
be attractive to terrorists, rogue states, and other state or 
non-state actors on account of their size or portability, or on 
account of their accessibility due to the manner of their deploy-
ment or storage; and 
(3) recommendations for— 
(A) mechanisms and procedures to improve security 
and safeguards for the nuclear weapons deemed to be 
President. 
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122 STAT. 4601 
PUBLIC LAW 110–417—OCT. 14, 2008 
attractive to terrorists, rogue states, and other state or 
non-state actors; 
(B) mechanisms and procedures to improve the ability 
of the United States to identify, track, and monitor the 
nuclear weapons deemed to be attractive to terrorists, rogue 
states, and other state or non-state actors; 
(C) mechanisms and procedures for implementing 
transparent multilateral reductions in nuclear weapons 
arsenals; and 
(D) methods for consolidating, dismantling, and dis-
posing of the nuclear weapons in each country that pos-
sesses, or is believed to possess, nuclear weapons, including 
methods of monitoring and verifying consolidation, dis-
mantlement, and disposal. 
(c) REPORT.— 
(1) REPORT REQUIRED.—Not later than one year after the 
date of the enactment of this Act, the President shall submit 
to Congress a report on the findings and recommendations 
of the review required under subsection (b). 
(2) CLASSIFICATION OF REPORT.—The report required under 
paragraph (1) shall be submitted in unclassified form, but it 
may be accompanied by a classified annex. 
SEC. 1045. REPORT ON COMPLIANCE BY DEPARTMENT OF DEFENSE 
WITH GUAM TAX AND LICENSING LAWS. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense, in consultation with the Secretary 
of the Navy and the Joint Guam Program Office, shall submit 
to the congressional defense committees a report on the steps that 
the Department of Defense is taking to ensure that contractors 
of the Department performing work on Guam comply with local 
tax and licensing requirements. 
SEC. 1046. REPORT ON DETENTION OPERATIONS IN IRAQ. 
(a) REPORT REQUIRED.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on detention oper-
ations at theater internment facilities in Iraq. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include each of the following: 
(1) A detailed description of how counterinsurgency doctrine 
has been incorporated at theater internment facilities in Iraq. 
(2) A detailed description of the policies and programs 
instituted to prepare detainees for reintegration following their 
release from detention in theater internment facilities in Iraq. 
(3) A description and assessment of the effects of changes 
in detention operations and reintegration programs at theater 
internment facilities in Iraq during the period beginning on 
January 1, 2007, and ending on the date of the completion 
of the report, including changes in levels of violence within 
internment facilities and in rates of recapture of detainees 
released from detention in internment facilities. 
(4) A description of— 
(A) the lessons learned regarding detention operations 
in a counterinsurgency operation, an assessment of how 
such lessons could be applied to detention operations else-
where (including in Afghanistan and at Guantanamo Bay, 
Cuba); and 
President. 
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122 STAT. 4602 
PUBLIC LAW 110–417—OCT. 14, 2008 
(B) any efforts to integrate such lessons into Depart-
ment of Defense directives, joint doctrine, mission rehearsal 
exercises for deploying forces, and training for units 
involved in detention and interrogation operations. 
(c) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex. 
SEC. 1047. REVIEW OF BANDWIDTH CAPACITY REQUIREMENTS OF THE 
DEPARTMENT OF DEFENSE AND THE INTELLIGENCE 
COMMUNITY. 
(a) IN GENERAL.—The Secretary of Defense and the Director 
of National Intelligence shall conduct a joint review of the band-
width capacity requirements of the Department of Defense and 
the intelligence community in the near term, mid term, and long 
term. 
(b) ELEMENTS.—The review required by subsection (a) shall 
include an assessment of the following: 
(1) The current bandwidth capacities and capabilities of 
the Department of Defense and the intelligence community 
to transport data, including Government and commercial 
ground networks, airborne relays, and satellite systems. 
(2) The bandwidth capacities and capabilities anticipated 
to be available to the Department of Defense and the intel-
ligence community to transport data in the near term, mid 
term, and long term. 
(3) Innovative technologies available to the Department 
of Defense and the intelligence community to increase data 
transport capacity of existing bandwidth (such as compression 
techniques or intelligent software agents) that can be applied 
in the near term, mid term, and long term. 
(4) The bandwidth and data requirements of current major 
operational systems of the Department of Defense and the 
intelligence community, including an assessment of— 
(A) whether such requirements are being appropriately 
met by the bandwidth capacities and capabilities described 
in paragraph (1); and 
(B) the degree to which any such requirements are 
not being met by such bandwidth capacities and capabili-
ties. 
(5) The anticipated bandwidth and data requirements of 
major operational systems of the Department of Defense and 
the intelligence community planned for each of the near term, 
mid term, and long term, including an assessment of— 
(A) whether such anticipated requirements will be 
appropriately met by the bandwidth capacities and capabili-
ties described in paragraph (2); and 
(B) the degree to which any such requirements are 
not anticipated to be met by such bandwidth capacities 
and capabilities. 
(6) Any mitigation concepts that could be used to satisfy 
any unmet bandwidth and data requirements. 
(7) The costs of meeting the bandwidth and data require-
ments described in paragraphs (4) and (5). 
(8) Any actions necessary to integrate or consolidate the 
information networks of the Department of Defense and the 
intelligence community. 
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122 STAT. 4603 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense and the Director 
of National Intelligence shall jointly submit to the congressional 
defense committees, the Select Committee on Intelligence of the 
Senate, and the Permanent Select Committee on Intelligence of 
the House of Representatives a report setting forth the results 
of the review required by subsection (a). 
(d) FORMAL
REVIEW
PROCESS
FOR
BANDWIDTH
REQUIRE-
MENTS.—The Secretary of Defense and the Director of National 
Intelligence shall, as part of the Milestone B or Key Decision 
Point B approval process for any major defense acquisition program 
or major system acquisition program, establish a formal review 
process to ensure that— 
(1) the bandwidth requirements needed to support such 
program are or will be met; and 
(2) a determination will be made with respect to how to 
meet the bandwidth requirements for such program. 
(e) DEFINITIONS.—In this section: 
(1) INTELLIGENCE
COMMUNITY.—The term ‘‘intelligence 
community’’ has the meaning given the term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)). 
(2) LONG TERM.—The term ‘‘long term’’ means the five- 
year period beginning on the date that is 10 years after the 
date of the enactment of this Act. 
(3) MID TERM.—The term ‘‘mid term’’ means the five-year 
period beginning on the date that is five years after the date 
of the enactment of this Act. 
(4) NEAR TERM.—The term ‘‘near term’’ means the five- 
year period beginning on the date of the enactment of this 
Act. 
SEC. 
1048. 
REVIEW 
OF 
FINDINGS 
AND 
RECOMMENDATIONS 
APPLICABLE 
TO 
THE 
DEPARTMENT 
OF 
DEFENSE 
REGARDING ELECTROMAGNETIC PULSE ATTACK. 
(a) REVIEW.—The Secretary of Defense shall conduct a review 
of the findings and recommendations applicable to the Department 
of Defense made in the reports of the Commission to Assess the 
Threat to the United States from Electromagnetic Pulse Attack 
established under title XIV of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 165A–345). 
(b) REPORTS.— 
(1) IN GENERAL.—The Secretary shall submit to the congres-
sional defense committees a report on the review required 
by subsection (a) that shall include the following: 
(A) A description of the findings and recommendations 
described in that subsection that are applicable to the 
Department of Defense. 
(B) A plan for addressing the applicable findings and 
implementing the applicable recommendations to the extent 
practicable and feasible. 
(C) If the Secretary determines that it is not practicable 
or feasible to address an applicable finding or implement 
an applicable recommendation, an explanation clearly 
explaining each such determination. 
10 USC 2366a 
note. 
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122 STAT. 4604 
PUBLIC LAW 110–417—OCT. 14, 2008 
(D) A description of the capabilities of the Department 
of Defense needed to protect and recover from an electro-
magnetic pulse attack. 
(E) Any research and development needed to address 
any applicable finding or recommendation to enable the 
Department of Defense to implement such recommenda-
tions in the future. 
(F) A description of the plans and programs that the 
Department of Defense has in place or plans to put in 
place to address the threat from electromagnetic pulse 
attack. 
(G) A description of the organizational and manage-
ment structure that the Department of Defense has in 
place or plans to have in place to address the threat from 
an electromagnetic pulse attack. 
(H) A description of any impediments to implementing 
any applicable recommendations. 
(2) SUBMITTAL DATES.—The report required by paragraph 
(1) shall be submitted not later than September 1 of each 
odd numbered year beginning in 2009 and ending in 2015. 
(3) FORM OF REPORT.—The report required by paragraph 
(1) shall be submitted in unclassified form, but may include 
a classified annex. 
Subtitle F—Other Matters 
SEC. 1051. ADDITIONAL INFORMATION UNDER ANNUAL SUBMISSIONS 
OF 
INFORMATION 
REGARDING 
INFORMATION 
TECH-
NOLOGY CAPITAL ASSETS. 
Section 351 of the Bob Stump National Defense Authorization 
Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2516; 
10 U.S.C. 221 note) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1); 
(B) by redesignating paragraph (2) as paragraph (1); 
(C) in paragraph (1), as so redesignated, by striking 
‘‘and an estimated total life cycle cost’’ and inserting ‘‘or 
an estimated total cost’’; and 
(D) by adding at the end the following new paragraph 
(2): 
‘‘(2) Information technology capital assets not covered by 
paragraph (1) that have been determined by the Chief Informa-
tion Officer of the Department of Defense to be significant 
investments.’’; 
(2) by striking subsection (b); 
(3) by redesignating subsection (c) as subsection (b); 
(4) in subsection (b), as so redesignated, by striking ‘‘sub-
section (a)(2)’’ and inserting ‘‘subsection (a)(1)’’; 
(5) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) REQUIRED INFORMATION FOR SIGNIFICANT INVESTMENTS.— 
With respect to each information technology capital asset not cov-
ered by paragraph (1) of subsection (a), but covered by paragraph 
(2) of that subsection, the Secretary of Defense shall include such 
information in a format that is appropriate to the current status 
of such asset.’’; and 
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122 STAT. 4605 
PUBLIC LAW 110–417—OCT. 14, 2008 
(6) in subsection (d), by striking ‘‘life cycle’’. 
SEC. 1052. SUBMISSION TO CONGRESS OF REVISION TO REGULATION 
ON ENEMY PRISONERS OF WAR, RETAINED PERSONNEL, 
CIVILIAN INTERNEES, AND OTHER DETAINEES. 
(a) SUBMISSION TO CONGRESS.—A successor regulation to Army 
Regulation 190–8 Enemy Prisoners of War, Retained Personnel, 
Civilian Internees and Other Detainees (dated October 1, 1997) 
may not be carried out or implemented until the date that is 
60 days after the date on which the Secretary of Defense submits 
to the Committees on Armed Services of the Senate and House 
of Representatives such successor regulation. 
(b) SAVINGS CLAUSE.—Nothing in this section shall affect the 
continued effectiveness of Army Regulation 190–8 Enemy Prisoners 
of War, Retained Personnel, Civilian Internees and Other Detainees 
(dated October 1, 1997). 
SEC. 1053. BARNEGAT INLET TO LITTLE EGG INLET, NEW JERSEY. 
(a) PROJECT MODIFICATION.—The project for hurricane and 
storm damage reduction, Barnegat Inlet to Little Egg Inlet, New 
Jersey, authorized by section 101(a)(1) of the Water Resources 
Development Act of 2000 (114 Stat. 2576), is modified to authorize 
the Secretary of the Army to undertake, at Federal expense, such 
measures as the Secretary determines to be necessary and appro-
priate in the public interest to address the handling of munitions 
placed on the beach during construction of the project before the 
date of enactment of this section. 
(b) TREATMENT OF COSTS.—Costs incurred in carrying out sub-
section (a) shall not be considered to be a cost of constructing 
the project. 
(c) CREDIT.—The Secretary shall credit, in accordance with 
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d- 
5b), toward the non-Federal share of the cost of the project the 
costs incurred by the non-Federal interest with respect to the 
removal and handling of the munitions referred to in subsection 
(a). 
(d) ELIGIBLE ACTIVITIES.—Measures authorized by subsection 
(a) include monitoring, removal, and disposal of the munitions 
referred to in subsection (a). 
SEC. 1054. STANDING ADVISORY PANEL ON IMPROVING COORDINA-
TION AMONG THE DEPARTMENT OF DEFENSE, THE 
DEPARTMENT OF STATE, AND THE UNITED STATES 
AGENCY FOR INTERNATIONAL DEVELOPMENT ON MAT-
TERS OF NATIONAL SECURITY. 
(a) ESTABLISHMENT
OF ADVISORY PANEL.—The Secretary of 
Defense, the Secretary of State, and the Administrator of the United 
States Agency for International Development (USAID) may jointly 
establish an advisory panel to advise, review, and make rec-
ommendations on ways to improve coordination among the Depart-
ment of Defense, the Department of State, and the United States 
Agency for International Development on matters relating to 
national security, including reviewing their respective roles and 
responsibilities. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The advisory panel shall be composed 
of 12 members, of whom— 
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122 STAT. 4606 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) three shall be appointed by the Secretary of 
Defense, in consultation with the Secretary of State and 
the Administrator; 
(B) three shall be appointed by the Secretary of 
Defense, with the advice of the Chairman of the Joint 
Chiefs of Staff, and in consultation with the Secretary 
of State and the Administrator; 
(C) three shall be appointed by the Secretary of State, 
in consultation with the Secretary of Defense and the 
Administrator; and 
(D) three shall be appointed by the Administrator, 
in consultation with the Secretary of Defense and the Sec-
retary of State. 
(2) CHAIRMAN.—The Secretary of Defense, the Secretary 
of State, and the Administrator shall jointly designate one 
member as chairman. 
(3) VICE CHAIRMAN.—The Secretary of Defense, the Sec-
retary of State, and the Administrator shall jointly designate 
one member as vice chairman. The vice chairman may not 
be a member appointed to the advisory panel under paragraph 
(1) by the same Secretary or Administrator who appointed 
the member under such paragraph who is designated as the 
chairman under paragraph (2). 
(4) EXPERTISE.—Members of the advisory panel shall be 
private citizens of the United States with national recognition 
and significant experience in the Federal Government, the 
Armed Forces, public administration, foreign affairs, or develop-
ment. 
(5) DEADLINE
FOR
APPOINTMENT.—All members of the 
advisory panel should be appointed not earlier than January 
20, 2009, and not later than March 20, 2009. 
(6) TERMS.—The term of each member of the advisory 
panel is for the life of the advisory panel. 
(7) VACANCIES.—A vacancy in the advisory panel shall be 
filled not later than 30 days after such vacancy occurs and 
in the manner in which the original appointment was made. 
(8) SECURITY CLEARANCES.—The appropriate departments 
or agencies of the Federal Government shall cooperate with 
the advisory panel in expeditiously providing to the members 
and staff of the advisory panel appropriate security clearances 
to the extent possible pursuant to existing procedures and 
requirements, except that no person shall be provided with 
access to classified information under this section without the 
appropriate security clearances. 
(9) STATUS.—A member of the advisory panel who is not 
otherwise employed by the Federal Government shall not be 
considered to be a Federal employee, except for the purposes 
of chapter 81 of title 5, United States Code, and chapter 171 
of title 28, United States Code. 
(10) EXPENSES.—The members of the advisory panel shall 
be allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, while away from their homes 
or regular places of business in the performance of services 
for the advisory panel. 
(c) MEETINGS AND PROCEDURES.— 
Deadline. 
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122 STAT. 4607 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) INITIAL
MEETING.—The advisory panel shall conduct 
its first meeting not later than 30 days after the date that 
all appointments to the advisory panel have been made under 
subsection (b). 
(2) MEETINGS.—The advisory panel shall meet not less 
often than once every three months. The advisory panel may 
also meet at the call of the Secretary of Defense, the Secretary 
of State, or the Administrator. 
(3) PROCEDURES.—The advisory panel shall carry out its 
duties under procedures established under subsection (d). 
(d) SUPPORT OF FEDERALLY FUNDED RESEARCH AND DEVELOP-
MENT CENTER.—If the advisory panel is established under sub-
section (a), the Secretary of Defense, in consultation with the Sec-
retary of State and the Administrator, shall, not later than 60 
days after the date of the final appointment of the members of 
the advisory panel pursuant to subsection (b)(5), enter into a con-
tract with a federally funded research and development center 
for the provision of administrative and logistical support and assist-
ance to the advisory panel in carrying out its duties under this 
section. Such support and assistance shall include the establishment 
of the procedures of the advisory panel. 
(e) DUTIES OF PANEL.—The advisory panel shall— 
(1) analyze the roles and responsibilities of the Department 
of Defense, the Department of State, and the USAID 
regarding— 
(A) stability operations; 
(B) foreign assistance (including security assistance); 
and 
(C) other areas the Secretary of Defense, the Secretary 
of State, and the Administrator jointly agree are appro-
priate; 
(2) review— 
(A) the structures and systems that coordinate policy- 
making; 
(B) the national security-related roles and responsibil-
ities of the Department of Defense, the Department of 
State, USAID, and, as appropriate, other relevant agencies 
to ensure effective coordination; 
(C) the efforts of the Department of Defense, the 
Department of State, USAID, and such other relevant agen-
cies to ensure that lessons learned and expertise that is 
developed in carrying out programs related to national 
security are shared among the departments and agencies 
of the Federal Government, as appropriate; and 
(D) the coordination of activities conducted abroad and 
carried out by personnel of the Department of Defense, 
Department of State, USAID, and such other relevant agen-
cies; and 
(3) provide advice and make recommendations for otherwise 
improving coordination between and among the Department 
of Defense, the Department of State and USAID on matters 
of national security. 
(f) COOPERATION OF OTHER AGENCIES.—Upon request by the 
advisory panel, any department or agency of the Federal Govern-
ment shall provide information that the advisory panel considers 
necessary to carry out its duties. 
(g) REPORTS.— 
Deadline. 
Contracts. 
Deadline. 
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122 STAT. 4608 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) INTERIM REPORT.—Not later than 180 days after the 
first meeting of the advisory panel, the advisory panel shall 
submit to the Secretary of Defense, the Secretary of State, 
and the Administrator a report that identifies— 
(A) aspects of the interagency structure and processes 
relating to matters of national security that should take 
priority in any effort to improve the coordination among 
the Department of Defense, the Department of State, and 
USAID; and 
(B) methods to better coordinate the interagency struc-
ture and processes relating to matters of national security. 
(2) ANNUAL REPORTS.—Not later than December 31 of the 
year in which the interim report is submitted under paragraph 
(1), the advisory panel shall submit to the Secretary of Defense, 
the Secretary of State, and the Administrator a report on— 
(A) the activities of the advisory panel; 
(B) any deficiencies relating to coordination among the 
Department of Defense, Department of States and USAID 
and other relevant agencies on matters of national security; 
(C) any improvements made during the period covered 
by the report to the coordination among the Department 
of Defense, the Department of State, USAID, and other 
relevant agencies on matters of national security; 
(D) methods to better coordinate the interagency struc-
ture and processes among the Department of Defense, the 
Department of State, USAID, and other relevant agencies 
on matters relating to national security; and 
(E) such findings, conclusions, and recommendations 
as the advisory panel considers appropriate. 
(3) SUBMISSION OF REPORT TO CONGRESS.—The Secretary 
of Defense, the Secretary of State, and the Administrator shall 
submit to the appropriate congressional committees the reports 
required under this subsection and any additional information 
considered appropriate. 
(4) CONGRESSIONAL
BRIEFINGS.—Not later than 30 days 
after the submission of each report required under this sub-
section, the members of the advisory panel shall make them-
selves available to meet with the appropriate congressional 
committees to brief such committees on the matters contained 
in the report. 
(5) APPROPRIATE COMMITTEES.—For the purposes of this 
subsection, the appropriate congressional committees are the 
following: 
(A) The Committees on Foreign Affairs, Armed Serv-
ices, and Appropriations of the House of Representatives. 
(B) The Committees on Foreign Relations, Armed Serv-
ices, and Appropriations of the Senate. 
(h) TERMINATION
OF ADVISORY PANEL.—The advisory panel 
shall terminate on December 31, 2012. 
(i) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the United States Agency for International 
Development. 
(2) STABILITY OPERATIONS.—The term ‘‘stability operations’’ 
means stability and reconstruction operations conducted by 
departments or agencies of the Federal Government described 
by Department of Defense Directive 3000.05, National Security 
Deadline. 
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122 STAT. 4609 
PUBLIC LAW 110–417—OCT. 14, 2008 
Presidential Directive 1, or National Security Presidential 
Directive 44. 
(3) FEDERAL AGENCY.—The term ‘‘Federal agency’’ means 
any entity included in chapter 1 of title 5, United States code. 
SEC. 1055. REPORTS ON STRATEGIC COMMUNICATION AND PUBLIC 
DIPLOMACY ACTIVITIES OF THE FEDERAL GOVERNMENT. 
(a) REPORT BY PRESIDENT.— 
(1) INITIAL REPORT.—Not later than December 31, 2009, 
the President shall submit to the appropriate committees of 
Congress a report on a comprehensive interagency strategy 
for public diplomacy and strategic communication of the Federal 
Government, including benchmarks and a timetable for 
achieving such benchmarks. 
(2) ELEMENTS OF REPORT.—The report required under para-
graph (1) shall include the following elements: 
(A) STRATEGY.—A comprehensive interagency strategy, 
which shall include the following: 
(i) Prioritizing the mission of supporting specific 
foreign policy objectives, such as counterterrorism and 
efforts to combat extremist ideology, in parallel and 
in complement with, as appropriate, the broad mission 
of communicating the policies and values of the United 
States to foreign audiences. 
(ii) Consolidating and elevating, as appropriate, 
Federal Government leadership to prioritize, manage, 
and implement the strategy required by this sub-
section, including consideration of whether to establish 
strategic communication and public diplomacy posi-
tions at the National Security Council and to establish 
a single office to coordinate strategic communication 
and public diplomacy efforts. 
(iii) Improving coordination across departments 
and agencies of the Federal Government on strategic 
communications and public diplomacy. 
(iv) Consideration of whether resources devoted 
to strategic communication and public diplomacy 
efforts should be increased. 
(B) STUDY.—A study of whether to establish an inde-
pendent, not-for-profit organization responsible for pro-
viding independent assessment and strategic guidance to 
the Federal Government on strategic communication and 
public diplomacy, as recommended by the Task Force on 
Strategic Communication of the Defense Science Board. 
(C) ROLES OF DEPARTMENTS OR AGENCIES OF THE FED-
ERAL GOVERNMENT.—A description of the respective roles 
of the National Security Council, the Department of 
Defense, and the Department of State regarding strategic 
communication and public diplomacy, including— 
(i) a description of the roles of the offices within 
the National Security Council, the Department of 
Defense, and the Department of State engaged in mes-
sage outreach to audiences abroad; and 
(ii) an explanation of how the National Security 
Council, the Department of Defense, and the Depart-
ment of State coordinate strategic communication and 
public diplomacy activities. 
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122 STAT. 4610 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) SUBSEQUENT REPORT.—Two years after the submission 
of the initial report under paragraph (1), the President shall 
submit to the appropriate committees of Congress a report 
on— 
(A) the status of the implementation of the strategy; 
(B) progress toward achievement of benchmarks; and 
(C) any changes to the strategy since the submission 
of the initial report. 
(b) REPORT
BY
SECRETARY
OF
DEFENSE.—Not later than 
December 31, 2009, the Secretary of Defense shall review, and 
submit to the congressional defense committees a report on, the 
organizational structure within the Department of Defense for 
advising the Secretary on the direction and priorities for strategic 
communication activities, including an assessment of the option 
of establishing a board, composed of representatives from among 
the organizations within the Department responsible for strategic 
communications, public diplomacy, and public affairs, and including 
advisory members from the broader interagency community as 
appropriate, for purposes of— 
(1) providing strategic direction for Department of Defense 
efforts related to strategic communications and public diplo-
macy; and 
(2) setting priorities for the Department of Defense in 
the areas of strategic communications and public diplomacy. 
(c) FORM AND AVAILABILITY OF REPORTS.— 
(1) FORM.—The reports required by this section may be 
submitted in a classified form. 
(2) AVAILABILITY.—Any unclassified portions of the reports 
required by this section shall be made available to the public. 
(d) APPROPRIATE COMMITTEES.—For the purposes of this sec-
tion, the appropriate committees of Congress are the following: 
(1) The Committees on Foreign Relations, Armed Services, 
and Appropriations of the Senate. 
(2) The Committees on Foreign Affairs, Armed Services, 
and Appropriations of the House of Representatives. 
SEC. 1056. PROHIBITIONS RELATING TO PROPAGANDA. 
(a) PROHIBITION.—No part of any funds authorized to be appro-
priated in this or any other Act shall be used by the Department 
of Defense for publicity or propaganda purposes within the United 
States not otherwise specifically authorized by law. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the Inspector General of the Department 
of Defense shall submit to Congress a report on the findings of 
their project number D2008–DIPOEF–0209.000, entitled ‘‘Examina-
tion of Allegations Involving DoD Office of Public Affairs Outreach 
Program’’. 
(c) LEGAL OPINION.—Not later than 120 days after the date 
of the enactment of this Act, the Comptroller General of the United 
States shall issue a legal opinion to Congress on whether the 
Department of Defense violated appropriations prohibitions on pub-
licity or propaganda activities established in Public Laws 107– 
117, 107–248, 108–87, 108–287, 109–148, 109–289, and 110–116, 
the Department of Defense Appropriations Acts for fiscal years 
2002 through 2008, respectively, by offering special access to promi-
nent persons in the private sector who serve as media analysts, 
including briefings and information on war efforts, meetings with 
Deadline. 
10 USC 2241 
note. 
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122 STAT. 4611 
PUBLIC LAW 110–417—OCT. 14, 2008 
high level government officials, and trips to Iraq and Guantanamo 
Bay, Cuba. 
(d) RULE OF CONSTRUCTION RELATED TO INTELLIGENCE ACTIVI-
TIES.—Nothing in this section shall be construed to apply to any 
lawful and authorized intelligence activity of the United States 
Government. 
SEC. 1057. SENSE OF CONGRESS ON INTERROGATION OF DETAINEES 
BY CONTRACTOR PERSONNEL. 
It is the sense of Congress that— 
(1) the interrogation of enemy prisoners of war, civilian 
internees, retained persons, other detainees, terrorists, and 
criminals when captured, transferred, confined, or detained 
during or in the aftermath of hostilities is an inherently govern-
mental function and cannot appropriately be transferred to 
private sector contractors; 
(2) not later than one year after the date of the enactment 
of this Act, the Secretary of Defense should develop the 
resources needed to ensure that interrogations described in 
paragraph (1) can be conducted by government personnel and 
not by private sector contractors; and 
(3) properly trained and cleared contractors may appro-
priately be used as linguists, interpreters, report writers, 
information technology technicians, and other employees filling 
ancillary positions, if the private sector contractors are subject 
to the same rules, procedures, policies, and laws pertaining 
to detainee operations and interrogations that govern the execu-
tion of these positions by government personnel. 
SEC. 1058. SENSE OF CONGRESS WITH RESPECT TO VIDEOTAPING OR 
OTHERWISE ELECTRONICALLY RECORDING STRATEGIC 
INTELLIGENCE INTERROGATIONS OF PERSONS IN THE 
CUSTODY OF OR UNDER THE EFFECTIVE CONTROL OF 
THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—It is the sense of Congress that the Secretary 
of Defense should take such actions as are necessary to ensure 
that each strategic intelligence interrogation of any person who 
is in the custody or under the effective control of the Department 
of Defense or under detention in a Department of Defense facility 
is videotaped or otherwise electronically recorded. 
(b) STRATEGIC INTELLIGENCE INTERROGATION DEFINED.—For 
purposes of this section, the term ‘‘strategic intelligence interroga-
tion’’ means an interrogation of a person described in subsection 
(a) conducted at a theater-level detention facility. 
SEC. 1059. MODIFICATION OF DEADLINES FOR STANDARDS REQUIRED 
FOR ENTRY TO MILITARY INSTALLATIONS IN THE UNITED 
STATES. 
Section 1069(c) of the National Defense Authorization Act of 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 327) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘July 1, 2008’’ and inserting ‘‘February 
1, 2009’’; and 
(B) by striking ‘‘January 1, 2009’’ and inserting 
‘‘October 1, 2010’’; and 
(2) in paragraph (2), by striking ‘‘implemented’’ and 
inserting ‘‘developed’’. 
10 USC 113 note. 
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122 STAT. 4612 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 1060. EXTENSION OF CERTAIN DATES FOR CONGRESSIONAL 
COMMISSION ON THE STRATEGIC POSTURE OF THE 
UNITED STATES. 
(a) EXTENSION OF DATES.—Section 1062 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181) is 
amended— 
(1) in subsection (e), by striking ‘‘December 1, 2008’’ and 
inserting ‘‘April 1, 2009’’; and 
(2) in subsection (g), by striking ‘‘June 1, 2009’’ and 
inserting ‘‘September 30, 2009’’. 
(b) INTERIM REPORT.—Not later than December 1, 2008, the 
Congressional Commission on the Strategic Posture of the United 
States shall submit to the President, the Secretary of Defense, 
the Secretary of Energy, the Secretary of State, the Committee 
on Armed Services of the Senate, and the Committee on Armed 
Services of the House of Representatives an interim report on 
the commission’s initial findings, conclusions, and recommenda-
tions. To the extent practicable, the interim report shall address 
the matters required to be included in the report under subsection 
(e) of such section 1062. 
SEC. 1061. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 
Code, is amended as follows: 
(1) The table of sections at the beginning of chapter 2 
is amended by inserting after the item relating to 118a the 
following new item: 
‘‘118b. Quadrennial roles and missions review.’’. 
(2) The table of sections at the beginning of chapter 5 
is amended in the item relating to section 156 by inserting 
a period at the end. 
(3) The table of sections at the beginning of chapter 7 
is amended in the item relating to section 183 by inserting 
a period at the end. 
(4) Section 1477(e) is amended by inserting a period at 
the end. 
(5) Section 2192a is amended— 
(A) in subsection (e)(4), by striking ‘‘title 11, United 
States Code,’’ and inserting ‘‘title 11’’; and 
(B) in subsection (f), by striking ‘‘title 10, United States 
Code’’ and inserting ‘‘this title’’. 
(6) The table of chapters at the beginning of subtitle C, 
and the table of chapters at the beginning of part IV of such 
subtitle, are each amended by striking the item relating to 
chapter 667 and inserting the following new item: 
‘‘667. Issue of Serviceable Material Other Than to Armed Forces ......... 7911’’. 
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
2008.—Effective as of January 28, 2008, and as if included therein 
as enacted, the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181) is amended as follows: 
(1) Section 371(c) (122 Stat. 80) is amended by striking 
‘‘ ‘operational strategies’ ’’ and inserting ‘‘ ‘operational systems’ ’’. 
(2) Section 585(b)(3)(C) (122 Stat. 132) is amended by 
inserting ‘‘both places it appears’’ before the period at the 
end. 
Effective date. 
Ante, p. 319. 
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122 STAT. 4613 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) Section 703(b) (122 Stat. 103) is amended by striking 
‘‘as amended by’’ and inserting ‘‘as inserted by’’. 
(4) Section 805(a) (122 Stat. 212) is amended by striking 
‘‘Act ,’’ and inserting ‘‘Act,’’. 
(5) Section 883(b) (122 Stat. 264) is amended by striking 
‘‘Section 832(c)(1) of such Act, as redesignated by subsection 
(a), is amend by’’ and inserting ‘‘Section 832(b)(1) of such Act 
is amended by’’. 
(6) Section 890(d)(2) (122 Stat. 270) is amended by striking 
‘‘sections’’ and inserting ‘‘parts’’. 
(7) Section 904(a)(4) (122 Stat. 274) is amended by striking 
‘‘131(b)(2)’’ and inserting ‘‘131(b)’’. 
(8) Section 954(a)(3)(B) (122 Stat. 294) is amended by 
inserting ‘‘, as redesignated by section 524(a)(1)(A),’’ after ‘‘of 
such title’’. 
(9) Section 954(b)(2) (122 Stat. 294) is amended— 
(A) by striking ‘‘2114(e) of such title’’ and inserting 
‘‘2114(f) 
of 
such 
title, 
as 
redesignated 
by 
section 
524(a)(1)(A),’’; and 
(B) by striking the period at the end and inserting 
‘‘and inserting ‘President’.’’. 
(10) Section 1063(d)(1) (122 Stat. 323) is amended by 
striking ‘‘a semicolon after ‘subsection’ ’’ and inserting ‘‘a comma 
after ‘subsection’ ’’. 
(11) Section 1229(i)(3) (122 Stat. 383) is amended by 
striking ‘‘publically’’ and inserting ‘‘publicly’’. 
(12) Section 1422(e)(2) (122 Stat. 422) is amended by 
striking ‘‘subsection (c)’’ and inserting ‘‘subsection (c)(1)’’. 
(13) Section 1602(4) (122 Stat. 432) is amended by striking 
‘‘section 411 h(b)’’ and inserting ‘‘section 411h(b)(1)’’. 
(14) Section 1617(b) (122 Stat. 449) is amended by striking 
‘‘by adding at the end’’ and inserting ‘‘by inserting after the 
item relating to section 1074k’’. 
(15) Section 2106 (122 Stat. 508) is amended by striking 
‘‘for 2007’’ both places it appears and inserting ‘‘for Fiscal 
Year 2007’’. 
(16) Section 2826(a)(2)(A) (122 Stat. 546) is amended by 
striking ‘‘ ‘Secretary of the Army’ ’’ and inserting ‘‘ ‘Secretary 
of Army’ ’’. 
(c) TITLE 31, UNITED STATES CODE.—Title 31, United States 
Code, is amended as follows: 
(1) Chapter 35 is amended by striking the first section 
3557. 
(2) The second section 3557 is amended in the section 
heading by striking ‘‘Public-Private’’ and inserting ‘‘public- 
private’’. 
(3) The table of sections at the beginning of chapter 35 
is amended by striking the second item relating to section 
3557. 
(d) TITLE 28, UNITED STATES CODE.—Section 1491(b) of title 
28, United States Code, is amended by striking the first paragraph 
(5). 
(e) RONALD W. REAGAN NATIONAL DEFENSE AUTHORIZATION 
ACT
FOR FISCAL YEAR 2005.—Section 721(e) of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 
(Public Law 108–375; 118 Stat. 1988; 10 U.S.C. 1092 note) is 
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122 STAT. 4614 
PUBLIC LAW 110–417—OCT. 14, 2008 
amended by striking ‘‘fiscal years 2005’’ and all that follows through 
‘‘2010’’ and inserting ‘‘fiscal years 2005 through 2010’’. 
SEC. 1062. NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH 
RESPECT TO CERTAIN NONPROLIFERATION AND PRO-
LIFERATION ACTIVITIES. 
(a) NOTIFICATION WITH RESPECT TO NONPROLIFERATION ACTIVI-
TIES.—The Secretary of Defense, the Secretary of Energy, the Sec-
retary of Commerce, the Secretary of State, and the Nuclear Regu-
latory Commission shall keep the Committee on Armed Services 
of the Senate and the Committee on Armed Services of the House 
of Representatives informed with respect to— 
(1) any activities undertaken by any such Secretary or 
the Commission to carry out the purposes and policies of the 
Secretaries and the Commission with respect to nonprolifera-
tion programs; and 
(2) any other activities undertaken by any such Secretary 
or the Commission to prevent the proliferation of nuclear, chem-
ical, or biological weapons or the means of delivery of such 
weapons. 
(b) NOTIFICATION WITH RESPECT TO PROLIFERATION ACTIVITIES 
IN FOREIGN NATIONS.— 
(1) IN GENERAL.—The Director of National Intelligence shall 
keep the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representa-
tives fully and currently informed with respect to any activities 
of foreign nations that are significant with respect to the pro-
liferation of nuclear, chemical, or biological weapons or the 
means of delivery of such weapons. 
(2) FULLY AND CURRENTLY INFORMED DEFINED.—For pur-
poses of paragraph (1), the term ‘‘fully and currently informed’’ 
means the transmittal of credible information with respect 
to an activity described in such paragraph not later than 60 
days after becoming aware of the activity. 
SEC. 1063. ASSESSMENT OF SECURITY MEASURES AT CONSOLIDATED 
CENTER FOR NORTH AMERICAN AEROSPACE DEFENSE 
COMMAND AND UNITED STATES NORTHERN COMMAND. 
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall 
conduct an assessment of the adequacy of security measures for 
the consolidated command center for North American Aerospace 
Defense Command and United States Northern Command at Peter-
son Air Force Base, Colorado. 
(b) ELEMENTS.—The assessment required in paragraph (a) shall 
include the following: 
(1) A description of the security measures taken and 
planned for the consolidated command center as of October 
1, 2008. 
(2) An assessment of whether existing and planned security 
measures for the consolidated command center are adequate 
to provide the necessary level of protection. 
(3) An estimate of the total costs associated with such 
security measures adequate to provide the necessary level of 
protection. 
(c) REPORT REQUIRED.—Not later than March 1, 2009, the 
Secretary of Defense shall submit to the congressional defense 
committees a report containing the results of the assessment 
required in subsection (a). 
50 USC 2370. 
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122 STAT. 4615 
PUBLIC LAW 110–417—OCT. 14, 2008 
(d) ADDITIONAL REQUIREMENT.—The Secretary of Defense shall 
ensure that redundant facilities and equipment, along with the 
appropriate manning necessary to ensure the continuity of oper-
ations, are maintained at Cheyenne Mountain Air Force Station 
until the Secretary certifies that security measures have been 
instituted that bring the consolidated command center for North 
American Aerospace Defense Command and United States Northern 
Command into full compliance with Protection Level One require-
ments, as defined by Air Force Instruction 31-101, dated March 
1, 2007. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. Authority to waive annual limitation on premium pay and aggregate 
limitation on pay for Federal civilian
employees working overseas. 
Sec. 1102. Temporary discretionary authority to grant allowances, benefits, and 
gratuities to personnel on official duty in a combat zone. 
Sec. 1103. Election of insurance coverage by Federal civilian employees deployed in 
support of a contingency operation. 
Sec. 1104. Extension of authority to make lump-sum severance payments. 
Sec. 1105. Extension of voluntary reduction-in-force authority of Department of De-
fense. 
Sec. 1106. Enhancement of authorities relating to additional positions under the 
national security personnel system. 
Sec. 1107. Expedited hiring authority for health care professionals. 
Sec. 1108. Direct hire authority at personnel demonstration laboratories for certain 
candidates. 
Sec. 1109. Status reports relating to laboratory personnel demonstration projects. 
Sec. 1110. Technical amendment relating to definition of professional accounting 
position for purposes of certification and credentialing standards. 
Sec. 1111. Exceptions and adjustments to limitations on personnel and reports on 
such exceptions and adjustments. 
SEC. 1101. AUTHORITY TO WAIVE ANNUAL LIMITATION ON PREMIUM 
PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL 
CIVILIAN
EMPLOYEES WORKING OVERSEAS. 
(a) WAIVER AUTHORITY.—During calendar year 2009, and not-
withstanding section 5547 of title 5, United States Code, the head 
of an Executive agency may waive the premium pay limitations 
established in that section up to the annual rate of salary payable 
to the Vice President under section 104 of title 3, United States 
Code, for an employee who performs work while in an overseas 
location that is in the area of responsibility of the Commander 
of the United States Central Command, or an overseas location 
that was formerly in the area of responsibility of the Commander 
of the United States Central Command but has been moved to 
the area of responsibility of the Commander of the United States 
Africa Command, in direct support of, or directly related to— 
(1) a military operation, including a contingency operation; 
or 
(2) an operation in response to a national emergency 
declared by the President. 
(b) APPLICABILITY OF AGGREGATE LIMITATION ON PAY.—Section 
5307 of title 5, United States Code, shall not apply to any employee 
in any calendar year in which that employee is granted a waiver 
under subsection (a). 
(c) ADDITIONAL PAY NOT CONSIDERED BASIC PAY.—To the 
extent that a waiver under subsection (a) results in payment of 
additional premium pay of a type that is normally creditable as 
Certification. 
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122 STAT. 4616 
PUBLIC LAW 110–417—OCT. 14, 2008 
basic pay for retirement or any other purpose, such additional 
pay shall not be considered to be basic pay for any purpose, nor 
shall it be used in computing a lump-sum payment for accumulated 
and accrued annual leave under section 5551 of title 5, United 
States Code. 
(d) REGULATIONS.—The Director of the Office of Personnel 
Management may issue regulations to ensure appropriate consist-
ency among heads of executive agencies in the exercise of authority 
granted by this section. 
SEC. 1102. TEMPORARY DISCRETIONARY AUTHORITY TO GRANT 
ALLOWANCES, BENEFITS, AND GRATUITIES TO PER-
SONNEL ON OFFICIAL DUTY IN A COMBAT ZONE. 
(a) IN GENERAL.—Section 1603(a) of the Emergency Supple-
mental Appropriations Act for Defense, the Global War on Terror, 
and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443) 
is amended— 
(1) by striking ‘‘During fiscal years 2006, 2007, and 2008’’ 
and inserting ‘‘(1) During fiscal years 2006 (including the period 
beginning on October 1, 2005, and ending on June 15, 2006), 
2007, and 2008’’; and 
(2) by adding at the end the following: 
‘‘(2) During fiscal years 2009, 2010, and 2011, the head of 
an agency may, in the agency head’s discretion, provide to an 
individual employed by, or assigned or detailed to, such agency 
allowances, benefits, and gratuities comparable to those provided 
by the Secretary of State to members of the Foreign Service under 
section 413 and chapter 9 of title I of the Foreign Service Act 
of 1980, if such individual is on official duty in a combat zone 
(as defined by section 112(c) of the Internal Revenue Code of 1986).’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect as if included in the enactment of the Emergency 
Supplemental Appropriations Act for Defense, the Global War on 
Terror, and Hurricane Recovery, 2006 (Public Law 109–234). 
SEC. 1103. ELECTION OF INSURANCE COVERAGE BY FEDERAL CIVILIAN 
EMPLOYEES DEPLOYED IN SUPPORT OF A CONTINGENCY 
OPERATION. 
(a) AUTOMATIC COVERAGE.—Section 8702(c) of title 5, United 
States Code, is amended— 
(1) by inserting ‘‘an employee who is deployed in support 
of a contingency operation (as that term is defined in section 
101(a)(13) of title 10) or’’ after ‘‘subsection (b),’’; and 
(2) by striking ‘‘the date of the’’ and inserting ‘‘the date 
of notification of deployment or’’. 
(b) OPTIONAL INSURANCE.—Section 8714a(b) of such title is 
amended— 
(1) by designating the text as paragraph (2); and 
(2) by inserting before paragraph (2), as so designated, 
the following new paragraph (1): 
‘‘(1) An employee who is deployed in support of a contingency 
operation (as that term is defined in section 101(a)(13) of title 
10) or an employee of the Department of Defense who is designated 
as emergency essential under section 1580 of title 10 shall be 
insured under the policy of insurance under this section if the 
employee, within 60 days after the date of notification of deployment 
or designation, elects to be insured under the policy of insurance. 
An election under this paragraph shall be effective when provided 
Deadline. 
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122 STAT. 4617 
PUBLIC LAW 110–417—OCT. 14, 2008 
to the Office in writing, in the form prescribed by the Office, 
within such 60-day period.’’. 
(c) ADDITIONAL OPTIONAL LIFE INSURANCE.—Section 8714b(b) 
of such title is amended— 
(1) by designating the text as paragraph (2); and 
(2) by inserting before paragraph (2), as so designated, 
the following new paragraph (1): 
‘‘(1) An employee who is deployed in support of a contingency 
operation (as that term is defined in section 101(a)(13) of title 
10) or an employee of the Department of Defense who is designated 
as emergency essential under section 1580 of title 10 shall be 
insured under the policy of insurance under this section if the 
employee, within 60 days after the date of notification of deployment 
or designation, elects to be insured under the policy of insurance. 
An election under this paragraph shall be effective when provided 
to the Office in writing, in the form prescribed by the Office, 
within such 60-day period.’’. 
SEC. 1104. EXTENSION OF AUTHORITY TO MAKE LUMP-SUM SEVER-
ANCE PAYMENTS. 
Section 5595(i)(4) of title 5, United States Code, is amended 
by striking ‘‘October 1, 2010’’ and inserting ‘‘October 1, 2014’’. 
SEC. 
1105. 
EXTENSION 
OF 
VOLUNTARY 
REDUCTION-IN-FORCE 
AUTHORITY OF DEPARTMENT OF DEFENSE. 
Section 3502(f)(5) of title 5, United States Code, is amended 
by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 
2014’’. 
SEC. 1106. ENHANCEMENT OF AUTHORITIES RELATING TO ADDI-
TIONAL POSITIONS UNDER THE NATIONAL SECURITY 
PERSONNEL SYSTEM. 
Section 9902(i) of title 5, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘the requirements of 
chapter 71 and the limitations in subsection (b)(3)’’ and 
inserting ‘‘the requirements and limitations in paragraph (3)’’; 
and 
(2) by striking the period at the end of paragraph (2) 
and inserting ‘‘, in a manner comparable to that in which 
such provisions are applied under chapter 33. 
‘‘(3) Any action taken by the Secretary pursuant to the 
authority of this subsection shall be subject to— 
‘‘(A) the requirements of chapter 71; and 
‘‘(B) the limitations in subsection (b)(3), except that 
the requirements of chapter 33 may be waived to the 
extent necessary to achieve the purposes of this sub-
section.’’. 
SEC. 1107. EXPEDITED HIRING AUTHORITY FOR HEALTH CARE 
PROFESSIONALS. 
(a) EXPEDITED HIRING AUTHORITY.—Section 1599c(a) of title 
10, United States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense may’’; 
and 
(2) by adding at the end the following new paragraph: 
‘‘(2)(A) For purposes of sections 3304, 5333, and 5753 of title 
5, the Secretary of Defense may— 
Waiver authority. 
Deadline. 
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122 STAT. 4618 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(i) designate any category of medical or health professional 
positions within the Department of Defense as shortage cat-
egory positions; and 
‘‘(ii) utilize the authorities in such sections to recruit and 
appoint highly qualified persons directly to positions so des-
ignated. 
‘‘(B) In using the authority provided by this paragraph, the 
Secretary shall apply the principles of preference for the hiring 
of veterans and other persons established in subchapter 1 of chapter 
33 of title 5.’’. 
(b) TERMINATION OF AUTHORITY.—Section 1599c(c) of such title 
is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The authority of’’; 
(2) by striking ‘‘September 30, 2010’’ and inserting ‘‘Sep-
tember 30, 2012’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(2) The Secretary may not appoint a person to a position 
of employment under subsection (a)(2) after September 30, 2012.’’. 
SEC. 1108. DIRECT HIRE AUTHORITY AT PERSONNEL DEMONSTRATION 
LABORATORIES FOR CERTAIN CANDIDATES. 
(a) AUTHORITY.—The Secretary of Defense may appoint quali-
fied candidates possessing an advanced degree to positions described 
in subsection (b) without regard to the provisions of subchapter 
I of chapter 33 of title 5, United States Code, other than sections 
3303 and 3328 of such title. 
(b) APPLICABILITY.—This section applies with respect to can-
didates for scientific and engineering positions within any labora-
tory identified in section 9902(c)(2) of title 5, United States Code. 
(c) LIMITATION.—(1) Authority under this section may not, in 
any calendar year and with respect to any laboratory, be exercised 
with respect to a number of candidates greater than the number 
equal to 2 percent of the total number of scientific and engineering 
positions within such laboratory that are filled as of the close 
of the fiscal year last ending before the start of such calendar 
year. 
(2) For purposes of this subsection, positions and candidates 
shall be counted on a full-time equivalent basis. 
(d) EMPLOYEE DEFINED.—As used in this section, the term 
‘‘employee’’ has the meaning given such term by section 2105 of 
title 5, United States Code. 
(e) TERMINATION.—The authority to make appointments under 
this section shall not be available after December 31, 2013. 
SEC. 1109. STATUS REPORTS RELATING TO LABORATORY PERSONNEL 
DEMONSTRATION PROJECTS. 
Section 1107 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357) is amended 
by adding at the end the following: 
‘‘(e) STATUS REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 45 days after the date 
of the enactment of this Act and not later than March 1 
of each year beginning after the date on which the first report 
under this subsection is submitted, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report providing, with respect 
to the year before the year in which such report is submitted, 
the information described in paragraph (2). 
10 USC 2358 
note. 
10 USC 1580 
note. 
Applicability. 
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122 STAT. 4619 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(2) INFORMATION REQUIRED.—Each report under this sub-
section shall describe the following: 
‘‘(A) The actions taken by the Secretary of Defense 
under subsection (a) during the year covered by the report. 
‘‘(B) The progress made by the Secretary of Defense 
during such year in developing and implementing the plan 
required by subsection (b), including the anticipated date 
for completion of such plan and a list and description 
of any issues relating to the development or implementation 
of such plan. 
‘‘(C) With respect to any applications by any Depart-
ment of Defense laboratories seeking to be designated as 
a demonstration laboratory or to otherwise obtain any of 
the personnel flexibilities available to a demonstration lab-
oratory— 
‘‘(i) the number of applications that were received, 
pending, or acted on during such year; 
‘‘(ii) the status or disposition of any applications 
under clause (i), including, in the case of any applica-
tion on which a final decision was rendered, the labora-
tory involved, what the laboratory had requested, the 
decision reached, and the reasons for the decision; 
and 
‘‘(iii) in the case of any applications under clause 
(i) on which a final decision was not rendered, the 
date by which a final decision is anticipated. 
‘‘(3) DEFINITION.—For purposes of this subsection, the term 
‘demonstration laboratory’ means a laboratory designated by 
the Secretary of Defense under the provisions of section 342(b) 
of the National Defense Authorization Act for Fiscal Year 1995 
(as cited in subsection (a)).’’. 
SEC. 1110. TECHNICAL AMENDMENT RELATING TO DEFINITION OF 
PROFESSIONAL ACCOUNTING POSITION FOR PURPOSES 
OF CERTIFICATION AND CREDENTIALING STANDARDS. 
Section 1599d(e) of title 10, United States Code, is amended 
by striking ‘‘GS–510, GS–511, and GS–505’’ and inserting ‘‘0505, 
0510, 0511, or equivalent’’. 
SEC. 1111. EXCEPTIONS AND ADJUSTMENTS TO LIMITATIONS ON PER-
SONNEL AND REPORTS ON SUCH EXCEPTIONS AND 
ADJUSTMENTS. 
(a) EXCEPTION TO LIMITATIONS ON PERSONNEL.—For fiscal year 
2009 and fiscal years thereafter, the baseline personnel limitations 
in sections 143, 194, 3014, 5014, and 8014 of title 10, United 
States Code (as adjusted pursuant to subsection (b)), shall not 
apply to— 
(1) acquisition personnel hired pursuant to the expedited 
hiring authority provided in section 1705(h) of title 10, United 
States Code, as amended by section 821 of this Act, or otherwise 
hired with funds in the Department of Defense Acquisition 
Workforce Development Fund established in accordance with 
section 1705(a) of such title; or 
(2) personnel hired pursuant to a shortage category des-
ignation by the Secretary of Defense or the Director of the 
Office of Personnel Management. 
(b) AUTHORITY TO ADJUST LIMITATIONS ON PERSONNEL.—For 
fiscal year 2009 and for four fiscal years thereafter, the Secretary 
10 USC 143 note. 
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122 STAT. 4620 
PUBLIC LAW 110–417—OCT. 14, 2008 
of Defense or a secretary of a military department may adjust 
the baseline personnel limitations in sections 143, 194, 3014, 5014 
and 8014 of title 10, United States Code, to— 
(1) fill a gap in the civilian workforce of the Department 
of Defense identified by the Secretary of Defense in a strategic 
human capital plan submitted to Congress in accordance with 
the requirements of— 
(A) section 1122 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C. 
prec. 1580 note); 
(B) section 1102 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2407); or 
(C) section 851 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
note prec. 1580); or 
(2) accommodate increases in workload or modify the type 
of personnel required to accomplish work, for any purpose 
described in paragraphs (1) through (4) of subsection (c). 
(c) LIMITATION ON AUTHORITY TO ADJUST LIMITATIONS ON PER-
SONNEL.—The Secretary of Defense or the secretary of a military 
department may not increase a baseline personnel limitation under 
paragraph (2) of subsection (b) by more than 5 percent in a fiscal 
year. An increase in a baseline personnel limitation under such 
paragraph may be made for any of the following purposes: 
(1) Performance of inherently governmental functions. 
(2) Performance of work pursuant to section 2463 of title 
10 United States Code. 
(3) Ability to maintain sufficient organic expertise and 
technical capability. 
(4) Performance of work that, while the position may not 
exercise an inherently governmental function, nevertheless 
should be performed only by officers or employees of the Federal 
Government or members of the Armed Forces because of the 
critical nature of the work. 
(d) REPORT REQUIRED.—The Secretary of Defense shall submit 
a report to the congressional defense committees on the implementa-
tion of this section at the same time that the defense budget 
materials for each of the four fiscal years after fiscal year 2009 
are presented to Congress. The report shall include the following 
information regarding the implementation of this section during 
the preceding fiscal year: 
(1) The average number of military personnel, civilian 
employees of the Department of Defense, and contractor 
employees assigned to or detailed to permanent duty in— 
(A) the Office of the Secretary of Defense; 
(B) the management headquarters activities and 
management headquarters support activities in the Defense 
Agencies and Department of Defense Field Activities; 
(C) the Office of the Secretary of the Army and the 
Army Staff; 
(D) the Office of the Secretary of the Navy, the Office 
of Chief of Naval Operations, and the Headquarters, 
Marine Corps; and 
(E) the Office of the Secretary of the Air Force and 
the Air Staff. 
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122 STAT. 4621 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) An estimate of the number of personnel hired pursuant 
to an exception in subsection (a) in each office described in 
subparagraphs (A) through (E) of paragraph (1). 
(3) The amount of any adjustment in the limitation on 
personnel made by the Secretary of Defense or the secretary 
of a military department, and, for each adjustment made pursu-
ant to subsection (b)(2), the purpose of the adjustment. 
TITLE XII—MATTERS RELATING TO 
FOREIGN NATIONS 
Subtitle A—Assistance and Training 
Sec. 1201. Extension of authority to build the capacity of the Pakistan Frontier 
Corps. 
Sec. 1202. Availability across fiscal years of funds for military-to-military contacts 
and comparable activities. 
Sec. 1203. Availability across fiscal years of funds to pay incremental expenses for 
participation of developing countries in combined exercises. 
Sec. 1204. Extension of temporary authority to use acquisition and cross-servicing 
agreements to lend military equipment for personnel protection and sur-
vivability. 
Sec. 1205. Authority for distribution to certain foreign personnel of education and 
training materials and information technology to enhance military inter-
operability with the Armed Forces. 
Sec. 1206. Modification and extension of authorities relating to program to build 
the capacity of foreign military forces. 
Sec. 1207. Extension of authority and increased funding for security and stabiliza-
tion assistance. 
Sec. 1208. Extension and expansion of authority for support of special operations 
to combat terrorism. 
Sec. 1209. Increase in amount available for costs of education and training of for-
eign military forces under Regional Defense Combating Terrorism Fel-
lowship Program. 
Subtitle B—Matters Relating to Iraq and Afghanistan 
Sec. 1211. Limitation on availability of funds for certain purposes relating to Iraq. 
Sec. 1212. Report on status of forces agreements between the United States and 
Iraq. 
Sec. 1213. Strategy for United States-led Provincial Reconstruction Teams in Iraq. 
Sec. 1214. Commanders’ Emergency Response Program. 
Sec. 1215. Performance monitoring system for United States-led Provincial Recon-
struction Teams in Afghanistan. 
Sec. 1216. Report on command and control structure for military forces operating 
in Afghanistan. 
Sec. 1217. Reports on enhancing security and stability in the region along the bor-
der of Afghanistan and Pakistan. 
Sec. 1218. Study and report on Police Transition Teams to train, assist, and advise 
units of the Iraqi Police Service. 
Subtitle C—Other Matters 
Sec. 1231. Payment of personnel expenses for multilateral cooperation programs. 
Sec. 1232. Participation of the Department of Defense in multinational military 
centers of excellence. 
Sec. 1233. Review of security risks of participation by defense contractors in certain 
space activities of the People’s Republic of China. 
Sec. 1234. Report on Iran’s capability to produce nuclear weapons. 
Sec. 1235. Employment for resettled Iraqis. 
Sec. 1236. Extension and modification of updates on report on claims relating to 
the bombing of the Labelle Discotheque. 
Sec. 1237. Report on utilization of certain global partnership authorities. 
Sec. 1238. Modification and repeal of requirement to submit certain annual reports 
to Congress regarding allied contributions to the common defense. 
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122 STAT. 4622 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle A—Assistance and Training 
SEC. 1201. EXTENSION OF AUTHORITY TO BUILD THE CAPACITY OF 
THE PAKISTAN FRONTIER CORPS. 
(a) AUTHORITY.—Subsection (a) of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat. 366) is amended by striking ‘‘during fiscal year 
2008’’ and inserting ‘‘during fiscal years 2008 and 2009’’. 
(b) FUNDING LIMITATION.—Subsection (c)(1) of such section is 
amended by inserting after ‘‘fiscal year 2008’’ the following: ‘‘and 
up to $25,000,000 of funds available to the Department of Defense 
for operation and maintenance for fiscal year 2009’’. 
SEC. 1202. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS FOR MILI-
TARY-TO-MILITARY CONTACTS AND COMPARABLE ACTIVI-
TIES. 
(a) IN GENERAL.—Section 168(e) of title 10, United States Code, 
is amended by adding at the end the following new paragraph: 
‘‘(5) Funds available to carry out this section shall be available, 
to the extent provided in appropriations Acts, for programs or 
activities under this section that begin in a fiscal year and end 
in the following fiscal year.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 2008, and shall apply with respect 
to programs and activities under section 168 of title 10, United 
States Code, as so amended, that begin on or after that date. 
SEC. 1203. AVAILABILITY ACROSS FISCAL YEARS OF FUNDS TO PAY 
INCREMENTAL 
EXPENSES 
FOR 
PARTICIPATION 
OF 
DEVELOPING COUNTRIES IN COMBINED EXERCISES. 
(a) IN GENERAL.—Section 2010 of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (d) as subsection (e); and 
(2) by inserting after subsection (c) the following new sub-
section: 
‘‘(d) Funds available to carry out this section shall be available, 
to the extent provided in appropriations Acts, for bilateral or multi-
lateral military exercises that begin in a fiscal year and end in 
the following fiscal year.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on October 1, 2008, and shall apply with 
respect to bilateral and multilateral military exercises described 
in section 2010 of title 10, United States Code, as so amended, 
that begin on or after that date. 
SEC. 1204. EXTENSION OF TEMPORARY AUTHORITY TO USE ACQUISI-
TION AND CROSS-SERVICING AGREEMENTS TO LEND 
MILITARY EQUIPMENT FOR PERSONNEL PROTECTION 
AND SURVIVABILITY. 
(a) SEMIANNUAL REPORTS TO CONGRESSIONAL COMMITTEES.— 
Subsection (b)(3) of section 1202 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2412) is amended by adding at the end the following 
new subparagraph: 
‘‘(E) With respect to equipment provided to each foreign 
force that is not returned to the United States, a description 
10 USC 2010 
note. 
10 USC 168 note. 
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122 STAT. 4623 
PUBLIC LAW 110–417—OCT. 14, 2008 
of the terms of disposition of the equipment to the foreign 
force. 
‘‘(F) The percentage of equipment provided to foreign 
forces under the authority of this section that is not 
returned to the United States.’’. 
(b) EXPIRATION.—Subsection (e) of such section, as amended 
by section 1252(b) of National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 402), is further amended 
by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 
2011’’. 
SEC. 1205. AUTHORITY FOR DISTRIBUTION TO CERTAIN FOREIGN PER-
SONNEL OF EDUCATION AND TRAINING MATERIALS AND 
INFORMATION TECHNOLOGY TO ENHANCE MILITARY 
INTEROPERABILITY WITH THE ARMED FORCES. 
(a) AUTHORITY FOR DISTRIBUTION.— 
(1) IN GENERAL.—Subchapter I of chapter 134 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 2249d. Distribution to certain foreign personnel of edu-
cation and training materials and information 
technology to enhance military interoperability 
with the armed forces 
‘‘(a) DISTRIBUTION AUTHORIZED.—To enhance interoperability 
between the armed forces and military forces of friendly foreign 
nations, the Secretary of Defense, with the concurrence of the 
Secretary of State, may— 
‘‘(1) provide to personnel referred to in subsection (b) elec-
tronically-distributed learning content for the education and 
training of such personnel for the development or enhancement 
of allied and friendly military and civilian capabilities for multi-
national operations, including joint exercises and coalition oper-
ations; and 
‘‘(2) provide information technology, including computer 
software developed for such purpose, but only to the extent 
necessary to support the use of such learning content for the 
education and training of such personnel. 
‘‘(b) AUTHORIZED RECIPIENTS.—The personnel to whom learning 
content and information technology may be provided under sub-
section (a) are military and civilian personnel of a friendly foreign 
government, with the permission of that government. 
‘‘(c) EDUCATION AND TRAINING.—Any education and training 
provided under subsection (a) shall include the following: 
‘‘(1) Internet-based education and training. 
‘‘(2) Advanced distributed learning and similar Internet 
learning tools, as well as distributed training and computer- 
assisted exercises. 
‘‘(d) APPLICABILITY OF EXPORT CONTROL REGIMES.—The provi-
sion of learning content and information technology under this 
section shall be subject to the provisions of the Arms Export Control 
Act (22 U.S.C. 2751 et seq.) and any other export control regime 
under law relating to the transfer of military technology to foreign 
nations. 
‘‘(e) GUIDANCE ON UTILIZATION OF AUTHORITY.— 
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122 STAT. 4624 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(1) GUIDANCE REQUIRED.—The Secretary of Defense shall 
develop and issue guidance on the procedures for the use of 
the authority in this section. 
‘‘(2) MODIFICATION.—If the Secretary modifies the guidance 
issued under paragraph (1), the Secretary shall submit to the 
appropriate committees of Congress a report setting forth the 
modified guidance not later than 30 days after the date of 
such modification. 
‘‘(f) ANNUAL REPORT.— 
‘‘(1) REPORT
REQUIRED.—Not later than October 31 fol-
lowing each fiscal year in which the authority in this section 
is used, the Secretary of Defense shall submit to the appropriate 
committees of Congress a report on the exercise of the authority 
during such fiscal year. 
‘‘(2) ELEMENTS.—Each report under paragraph (1) shall 
include, for the fiscal year covered by such report, the following: 
‘‘(A) A statement of the recipients of learning content 
and information technology provided under this section. 
‘‘(B) A description of the type, quantity, and value 
of the learning content and information technology provided 
under this section. 
‘‘(g) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term ‘appropriate committees of Congress’ means— 
‘‘(1) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate; and 
‘‘(2) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter I of chapter 134 of such title is 
amended by adding at the end the following new item: 
‘‘2249d. Distribution to certain foreign personnel of education and training materials 
and information technology to enhance military interoperability with the 
armed forces.’’. 
(b) GUIDANCE ON UTILIZATION OF AUTHORITY.— 
(1) SUBMITTAL TO CONGRESS.—Not later than 30 days after 
issuing the guidance required by section 2249d(e) of title 10, 
United States Code, as added by subsection (a), the Secretary 
of Defense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report setting 
forth such guidance. 
(2) UTILIZATION OF SIMILAR GUIDANCE.—In developing the 
guidance required by section 2249d(e) of title 10, United States 
Code, as so added, the Secretary may utilize applicable portions 
of the current guidance developed by the Secretary under sub-
section (f) of section 1207 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2419) for purposes of the exercise of the authority 
in such section 1207. 
(c) REPEAL OF SUPERSEDED AUTHORITY.— 
(1) IN GENERAL.—Section 1207 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 is repealed. 
(2) SUBMITTAL
OF
FINAL
REPORT
ON
EXERCISE
OF 
AUTHORITY.—If the Secretary of Defense exercised the authority 
in section 1207 of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 during fiscal year 2008, the 
Secretary shall submit the report required by subsection (g) 
of such section for such fiscal year in accordance with the 
120 Stat. 2419. 
Deadline. 
10 USC 2249d 
note. 
Reports. 
Deadline. 
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122 STAT. 4625 
PUBLIC LAW 110–417—OCT. 14, 2008 
provisions of such subsection (g) without regard to the repeal 
of such section under paragraph (1). 
(d) EFFECTIVE DATE.—This section and the amendments made 
by this section shall take effect on October 1, 2008. 
SEC. 
1206. 
MODIFICATION 
AND 
EXTENSION 
OF 
AUTHORITIES 
RELATING TO PROGRAM TO BUILD THE CAPACITY OF 
FOREIGN MILITARY FORCES. 
(a) BUILDING OF CAPACITY OF ADDITIONAL FOREIGN FORCES.— 
Subsection (a) of section 1206 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456), 
as amended by section 1206 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 
Stat. 2418), is further amended by striking ‘‘a program’’ and all 
that follows and inserting ‘‘a program or programs as follows: 
‘‘(1) To build the capacity of a foreign country’s national 
military forces in order for that country to— 
‘‘(A) conduct counterterrorism operations; or 
‘‘(B) participate in or support military and stability 
operations in which the United States Armed Forces are 
participating. 
‘‘(2) To build the capacity of a foreign country’s maritime 
security forces to conduct counterterrorism operations.’’. 
(b) FUNDING.—Subsection (c) of such section, as so amended, 
is further amended— 
(1) in paragraph (1), by striking ‘‘$300,000,000’’ and 
inserting ‘‘$350,000,000’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(4) AVAILABILITY OF FUNDS FOR ACTIVITIES ACROSS FISCAL 
YEARS.—Amounts available under this subsection for the 
authority in subsection (a) for a fiscal year may be used for 
programs under that authority that begin in such fiscal year 
but end in the next fiscal year.’’. 
(c) THREE-YEAR EXTENSION OF AUTHORITY.—Subsection (g) of 
such section, as so amended, is further amended— 
(1) by striking ‘‘September 30, 2008’’ and inserting ‘‘Sep-
tember 30, 2011’’; and 
(2) by striking ‘‘fiscal year 2006, 2007, or 2008’’ and 
inserting ‘‘fiscal years 2006 through 2011’’. 
(d) EFFECTIVE DATE.—The amendment made by subsection 
(b)(2) shall take effect on October 1, 2008, and shall apply with 
respect to programs under the authority in subsection (a) of section 
1206 of the National Defense Authorization Act for Fiscal Year 
2006, as so amended, that begin on or after that date. 
SEC. 1207. EXTENSION OF AUTHORITY AND INCREASED FUNDING FOR 
SECURITY AND STABILIZATION ASSISTANCE. 
(a) PROHIBITION ON BUDGET SUPPORT.—Subsection (a) of section 
1207 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3458) is amended— 
(1) by striking ‘‘The Secretary of Defense’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—The Secretary of Defense’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) PROHIBITION ON BUDGET SUPPORT.—Nothing in this 
section shall be construed to authorize the provision of budget 
support to any foreign country.’’. 
10 USC 2249d 
note. 
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122 STAT. 4626 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) ASSISTANCE TO GEORGIA DURING FISCAL YEAR 2009.—Sub-
section (b) of such section is amended— 
(1) by striking ‘‘The aggregate value’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
the aggregate value’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) ASSISTANCE TO GEORGIA DURING FISCAL YEAR 2009.— 
‘‘(A) IN GENERAL.—The Secretary of Defense is author-
ized during fiscal year 2009 to exercise the authority of 
subsection (a) to provide services to, and transfer defense 
articles and funds to, the Secretary of State for the pur-
poses of facilitating the provision by the Secretary of State 
of reconstruction, security, or stabilization assistance to 
the country of Georgia. 
‘‘(B) LIMITATION.—The aggregate value of all services, 
defense articles, and funds provided or transferred to the 
Secretary of State under this section for Georgia in fiscal 
year 2009— 
‘‘(i) may not exceed $50,000,000; and 
‘‘(ii) shall not count against the dollar amount 
limitation specified in paragraph (1) for such fiscal 
year.’’. 
(c) EXTENSION OF AUTHORITY.—Subsection (g) of such section, 
as amended by section 1210(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 369), 
is further amended by striking ‘‘September 30, 2008’’ and inserting 
‘‘September 30, 2009’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2008. 
SEC. 1208. EXTENSION AND EXPANSION OF AUTHORITY FOR SUPPORT 
OF SPECIAL OPERATIONS TO COMBAT TERRORISM. 
(a) IN GENERAL.—Subsection (a) of section 1208 of the Ronald 
W. Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108–375; 118 Stat. 2086) is amended— 
(1) by inserting ‘‘, with the concurrence of the relevant 
Chief of Mission,’’ after ‘‘may’’; and 
(2) by striking ‘‘$25,000,000’’ and inserting ‘‘$35,000,000’’. 
(b) TIMING OF NOTICE ON PROVISION OF SUPPORT.—Subsection 
(c) of such section is amended by striking ‘‘in not less than 48 
hours’’ and inserting ‘‘within 48 hours’’. 
(c) EXTENSION.—Subsection (h) of such section, as amended 
by section 1202(c) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 364), is further 
amended by striking ‘‘2010’’ and inserting ‘‘2013’’. 
(d) TECHNICAL AMENDMENT.—The heading of such section is 
amended by striking ‘‘MILITARY OPERATIONS’’ and inserting ‘‘SPE-
CIAL OPERATIONS’’. 
(e) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2008. 
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122 STAT. 4627 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 1209. INCREASE IN AMOUNT AVAILABLE FOR COSTS OF EDU-
CATION AND TRAINING OF FOREIGN MILITARY FORCES 
UNDER REGIONAL DEFENSE COMBATING TERRORISM 
FELLOWSHIP PROGRAM. 
(a) INCREASE IN AMOUNT.—Section 2249c(b) of title 10, United 
States Code, is amended by striking ‘‘$25,000,000’’ and inserting 
‘‘$35,000,000’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on October 1, 2008, and shall apply with respect 
to fiscal years beginning on or after that date. 
Subtitle B—Matters Relating to Iraq and 
Afghanistan 
SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 
PURPOSES RELATING TO IRAQ. 
No funds appropriated pursuant to an authorization of appro-
priations in this Act may be obligated or expended for a purpose 
as follows: 
(1) To establish any military installation or base for the 
purpose of providing for the permanent stationing of United 
States Armed Forces in Iraq. 
(2) To exercise United States control of the oil resources 
of Iraq. 
SEC. 1212. REPORT ON STATUS OF FORCES AGREEMENTS BETWEEN 
THE UNITED STATES AND IRAQ. 
(a) REQUIREMENT FOR REPORT.— 
(1) IN
GENERAL.—(A) Not later than 90 days after the 
date of the enactment of this Act, the President shall transmit 
to the appropriate congressional committees a report on any 
agreement that has been completed between the United States 
and Iraq relating to— 
(i) the legal status of United States military personnel, 
civilian personnel, and contractor personnel of contracts 
awarded by any department or agency of the United States 
Government; 
(ii) the establishment of or access to military bases; 
(iii) the rules of engagement under which United States 
Armed Forces operate in Iraq; and 
(iv) any security commitment, arrangement, or assur-
ance that obligates the United States to respond to internal 
or external threats against Iraq. 
(B) If, on the date that is 90 days after the date of the 
enactment of this Act, no agreement between the United States 
and Iraq described in subparagraph (A) has been completed, 
the President shall notify the appropriate congressional commit-
tees that no such agreement has been completed, and shall 
transmit to the appropriate congressional committees the report 
required under subparagraph (A) as soon as practicable after 
such an agreement or agreements are completed. 
(2) UPDATE OF REPORT.—The President shall transmit to 
the appropriate congressional committees an update of the 
report required under paragraph (1) whenever an agreement 
between the United States and Iraq relating to the matters 
described in the report is substantially revised. 
Notification. 
President. 
10 USC 2249c 
note. 
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122 STAT. 4628 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) MATTERS TO BE INCLUDED.—The report required under sub-
section (a) shall include, with respect to each agreement described 
in subsection (a), the following: 
(1) A description of any conditions placed on United States 
combat operations by the Government of Iraq, including 
required coordination, if any, before such operations can be 
undertaken. 
(2) A description of any constraints placed on United States 
military personnel, civilian personnel, and contractor personnel 
of contracts awarded by any department or agency of the United 
States Government as a result of such conditions. 
(3) A description of the conditions under which United 
States military personnel, civilian personnel, or contractor per-
sonnel of contracts awarded by any department or agency of 
the United States Government could be tried by an Iraqi court 
for alleged crimes occurring both during the performance of 
official duties and during other such times, and the protections 
that such personnel would be extended in an Iraqi court, if 
applicable. 
(4) An assessment of authorities under the agreement for 
United States Armed Forces and Coalition partners to 
apprehend, detain, and interrogate prisoners and otherwise 
collect intelligence. 
(5) A description of any security commitment, arrangement, 
or assurance that obligates the United States to respond to 
internal or external threats against Iraq, including the manner 
in which such commitment, arrangement, or assurance may 
be implemented. 
(6) An assessment of any payments required under the 
agreement to be paid to the Government of Iraq or other 
Iraqi entities for rights, access, or support for bases and facili-
ties. 
(7) An assessment of any payments required under the 
agreement for any claims for deaths and damages caused by 
United States military personnel, civilian personnel, and con-
tractor personnel of contracts awarded by any department or 
agency of the United States Government in the performance 
of their official duties. 
(8) A description of the arrangements required under the 
agreement to resolve disputes arising over matters contained 
in the agreement or to consider changes to the agreement. 
(9) A discussion of the extent to which the agreement 
applies to other Coalition partners. 
(10) A description of how the agreement can be terminated 
by the United States or Iraq. 
(c) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
(e) TERMINATION OF REQUIREMENT.— 
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122 STAT. 4629 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
requirement to transmit the report and updates of the report 
under subsection (a) terminates on December 31, 2009. 
(2) EXCEPTION.—The requirement to transmit the report 
and updates of the report under subsection (a) terminates before 
December 31, 2009, if the following conditions are met: 
(A) The President transmits to the appropriate congres-
sional committees the text of any agreement between the 
United States and Iraq described in subsection (a)(1)(A) 
and any amendment or update thereto. 
(B) Within 30 days of transmission of the agreement, 
the President makes available appropriate senior officials 
to brief the appropriate congressional committees on the 
matters covered by the agreement or any amendment or 
update thereto. 
SEC. 
1213. 
STRATEGY 
FOR 
UNITED 
STATES-LED 
PROVINCIAL 
RECONSTRUCTION TEAMS IN IRAQ. 
(a) IN GENERAL.—The President shall establish and implement 
a strategy for United States-led Provincial Reconstruction Teams 
(PRTs), including embedded PRTs and Provincial Support Teams, 
in Iraq that ensures that such United States-led PRTs are— 
(1) supporting the operational and strategic goals of the 
Multi-National Force–Iraq; and 
(2) developing the capacity of national, provincial, and local 
government and other civil institutions in Iraq to assume 
increasing responsibility for the formulation, implementation, 
and oversight of reconstruction and development activities. 
(b) ELEMENTS
OF STRATEGY.—At a minimum, the strategy 
required under subsection (a) shall include— 
(1) a mission statement and clearly defined objectives for 
United States-led PRTs as a whole; 
(2) a mission statement and clearly defined objectives for 
each United States-led PRT; and 
(3) measures of effectiveness and performance indicators 
for meeting the objectives of each United States-led PRT as 
described in paragraph (2). 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, and every 90 days thereafter 
through the end of fiscal year 2010, the President shall transmit 
to the appropriate congressional committees a report on the 
implementation of the strategy required under subsection (a), 
including an assessment of the specific contributions United 
States-led PRTs are making to implement the strategy. The 
initial report required under this subsection should include 
a general description of the strategy required under subsection 
(a) and a general discussion of the elements of the strategy 
required under subsection (b). 
(2) INCLUSION
IN
OTHER
REPORT.—The report required 
under this subsection may be included in the report required 
by section 1227 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3465). 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
President. 
22 USC 2151 
note. 
Deadline. 
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122 STAT. 4630 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Affairs of the 
House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Relations of 
the Senate. 
SEC. 1214. COMMANDERS’ EMERGENCY RESPONSE PROGRAM. 
(a) AUTHORITY FOR FISCAL YEARS 2008 AND 2009.—Subsection 
(a) of section 1202 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3455), as amended 
by section 1205 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 366), is further 
amended in the matter preceding paragraph (1)— 
(1) 
by 
striking 
‘‘$977,441,000’’ 
and 
inserting 
‘‘$1,700,000,000 in fiscal year 2008 and $1,500,000,000 in fiscal 
year 2009,’’; and 
(2) by striking ‘‘in such fiscal year’’. 
(b) QUARTERLY REPORTS.—Subsection (b) of such section, as 
so amended, is further amended— 
(1) in the heading, by inserting ‘‘AND BRIEFINGS’’ after 
‘‘REPORTS’’; 
(2) by striking ‘‘Not later than’’ and inserting the following: 
‘‘(1) IN GENERAL.—Not later than’’; and 
(3) by adding at the end the following new paragraphs: 
‘‘(2) ADDITIONAL MATTERS TO BE INCLUDED.—In addition 
to the information described in paragraph (1), each report 
required under paragraph (1) that contains information on 
projects carried out using funds authorized under the Com-
manders’ Emergency Response Program in Iraq shall include 
the following: 
‘‘(A) A listing of each project for which amounts in 
excess of $500,000 provided through the Commanders’ 
Emergency Response Program in Iraq were expended. 
‘‘(B) A written statement by the Secretary of Defense, 
or the Deputy Secretary of Defense if the authority under 
subsection (f) is delegated to the Deputy Secretary of 
Defense, affirming that the certification required under 
subsection (f) was issued for each project in Iraq for which 
amounts in excess of $1,000,000 provided through the Com-
manders’ Emergency Response Program in Iraq were 
expended. 
‘‘(C) For each project listed in subparagraph (A), the 
following information: 
‘‘(i) A description and justification for carrying out 
the project 
‘‘(ii) A description of the extent of involvement 
by the Government of Iraq in the project, including— 
‘‘(I) the amount of funds provided by the 
Government of Iraq for the project; and 
‘‘(II) a description of the plan for the transition 
of such project upon completion to the people of 
Iraq and for the sustainment of any completed 
facilities, including any commitments by the 
Government of Iraq to sustain projects requiring 
the support of the Government of Iraq for 
sustainment. 
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122 STAT. 4631 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(iii) A description of the current status of the 
project, including, where appropriate, the projected 
completion date. 
‘‘(D) A description of the status of transitioning activi-
ties carried out under the Commanders’ Emergency 
Response Program in Iraq to the Government of Iraq, 
including— 
‘‘(i) the level of funding provided by the Govern-
ment of Iraq for the Government of Iraq Commanders’ 
Emergency Response Program (commonly known as 
‘I-CERP’); 
‘‘(ii) the level of funding provided and expended 
by the Government of Iraq in other programs designed 
to meet urgent humanitarian relief and reconstruction 
requirements that immediately assist the Iraqi people; 
and 
‘‘(iii) a description of the progress made in 
transitioning the responsibility for the Sons of Iraq 
Program to the Government of Iraq. 
‘‘(3) BRIEFINGS.—Not later than 15 days after the submis-
sion of each report under paragraph (1), appropriate officials 
of the Department of Defense shall meet with the congressional 
defense committees to brief such committees on the matters 
contained in the report.’’. 
(c) PROHIBITION
ON CERTAIN PROJECTS UNDER
THE COM-
MANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.—Such section, 
as so amended, is further amended— 
(1) by redesignating subsection (e) as subsection (f); and 
(2) by inserting after subsection (d) the following new sub-
section: 
‘‘(e) PROHIBITION
ON CERTAIN PROJECTS UNDER
THE COM-
MANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.— 
‘‘(1) PROHIBITION.—Except as provided in paragraph (2), 
funds made available under this section for the Commanders’ 
Emergency Response Program in Iraq may not be obligated 
or expended to carry out any project commenced after the 
date of the enactment of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 if the total amount 
of such funds made available for the purpose of carrying out 
the project exceeds $2,000,000. 
‘‘(2) EXCEPTION.—The prohibition contained in paragraph 
(1) shall not apply with respect to funds managed or controlled 
by the Department of Defense that were otherwise provided 
by another department or agency of the United States Govern-
ment, the Government of Iraq, the government of a foreign 
country, 
a 
foundation 
or 
other 
charitable 
organization 
(including a foundation or charitable organization that is orga-
nized or operates under the laws of a foreign country), or 
any source in the private sector of the United States or a 
foreign country. 
‘‘(3) WAIVER.—The Secretary of Defense may waive the 
prohibition contained in paragraph (1) if the Secretary of 
Defense— 
‘‘(A) determines that such a waiver is required to meet 
urgent humanitarian relief and reconstruction require-
ments that will immediately assist the Iraqi people; and 
Deadline. 
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122 STAT. 4632 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(B) submits in writing, within 15 days of issuing such 
waiver, to the congressional defense committees a notifica-
tion of the waiver, together with a discussion of— 
‘‘(i) the unmet and urgent needs to be addressed 
by the project; and 
‘‘(ii) any arrangements between the Government 
of the United States and the Government of Iraq 
regarding the provision of Iraqi funds for carrying out 
and sustaining the project .’’. 
(d) CERTIFICATION
ON CERTAIN PROJECTS UNDER
THE COM-
MANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.—Such section, 
as so amended, is further amended— 
(1) by redesignating subsection (f), as redesignated by sub-
section (c) of this section, as subsection (g); and 
(2) by inserting after subsection (e), as added by subsection 
(c) of this section, the following new subsection: 
‘‘(f) CERTIFICATION ON CERTAIN PROJECTS UNDER THE COM-
MANDERS’ EMERGENCY RESPONSE PROGRAM IN IRAQ.— 
‘‘(1) CERTIFICATION.—Funds made available under this sec-
tion for the Commanders’ Emergency Response Program in 
Iraq may not be obligated or expended to carry out any project 
commenced after the date of the enactment of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009 if the total amount of such funds made available for 
the purpose of carrying out the project exceeds $1,000,000 
unless the Secretary of Defense certifies that the project 
addresses urgent humanitarian relief and reconstruction 
requirements that will immediately assist the Iraqi people. 
‘‘(2) 
DELEGATION.—The 
Secretary 
may 
delegate 
the 
authority under paragraph (1) to the Deputy Secretary of 
Defense.’’. 
(e) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Government of Iraq should assume increasing responsibility 
for funding and carrying out projects currently funded by the United 
States through the Commanders’ Emergency Response Program, 
and should assume all costs associated with the Sons of Iraq pro-
gram as expeditiously as possible. 
SEC. 1215. PERFORMANCE MONITORING SYSTEM FOR UNITED STATES- 
LED PROVINCIAL RECONSTRUCTION TEAMS IN AFGHANI-
STAN. 
(a) IN GENERAL.—The President, acting through the Secretary 
of Defense and the Secretary of State, shall develop and implement 
a system to monitor the performance of United States-led Provincial 
Reconstruction Teams (PRTs) in Afghanistan. 
(b) ELEMENTS
OF PERFORMANCE MONITORING SYSTEM.—The 
performance monitoring system required under subsection (a) shall 
include— 
(1) PRT-specific work plans that incorporate the long-term 
strategy, mission, and clearly defined objectives required by 
section 1230(c)(3) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 386), 
and include plans for developing the capacity of national, 
provincial, and local government and other civil institutions 
in Afghanistan to assume increasing responsibility for the 
formulation, implementation, and oversight of reconstruction 
and development activities; and 
President. 
22 USC 7513 
note. 
Deadline. 
Notification. 
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122 STAT. 4633 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) comprehensive performance indicators and measures 
of progress toward sustainable long-term security and stability 
in Afghanistan, and include performance standards and 
progress goals together with a notional timetable for achieving 
such goals, consistent with the requirements of section 1230(d) 
of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 388). 
(c) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a report on the implementation of the 
performance monitoring system required under subsection (a). 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Affairs of the 
House of Representatives; and 
(2) the Committee on Armed Services, the Committee on 
Appropriations, and the Committee on Foreign Relations of 
the Senate. 
SEC. 1216. REPORT ON COMMAND AND CONTROL STRUCTURE FOR 
MILITARY FORCES OPERATING IN AFGHANISTAN. 
(a) REPORT REQUIRED.—Not later than 60 days after the date 
of the enactment of this Act, or December 1, 2008, whichever 
occurs later, the Secretary of Defense shall submit to the appro-
priate congressional committees a report on the command and 
control structure for military forces operating in Afghanistan. 
(b) MATTERS TO BE INCLUDED.—The report required under sub-
section (a) shall include the following: 
(1) A detailed description of efforts by the Secretary of 
Defense, in coordination with senior leaders of NATO ISAF 
forces, including the commander of NATO ISAF forces, to 
modify the chain of command structure for military forces oper-
ating in Afghanistan to better coordinate and de-conflict mili-
tary operations and achieve unity of command whenever pos-
sible in Afghanistan, and the results of such efforts, including— 
(A) any United States or NATO ISAF plan for 
improving the command and control structure for military 
forces operating in Afghanistan; and 
(B) any efforts to establish a headquarters in Afghani-
stan that is led by a commander— 
(i) with command authority over NATO ISAF 
forces and separate United States forces operating 
under Operation Enduring Freedom and charged with 
closely coordinating the efforts of such forces; and 
(ii) responsible for coordinating other United 
States and international security efforts in Afghani-
stan. 
(2) A description of how rules of engagement are deter-
mined and managed for United States forces operating under 
NATO ISAF or Operation Enduring Freedom, and a description 
of any key differences between rules of engagement for NATO 
ISAF forces and separate United States forces operating under 
Operation Enduring Freedom. 
10 USC 113 note. 
President. 
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122 STAT. 4634 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) An assessment of how any modifications to the command 
and control structure for military forces operating in Afghani-
stan would impact coordination of military and civilian efforts 
in Afghanistan. 
(c) UPDATE OF REPORT.—The Secretary of Defense shall submit 
to the appropriate congressional committees an update of the report 
required under subsection (a) as warranted by any modifications 
to the command and control structure for military forces operating 
in Afghanistan as described in the report. 
(d) FORM.—The report required under subsection (a) and any 
update of the report required under subsection (c) shall be submitted 
in an unclassified form, but may include a classified annex, if 
necessary. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
SEC. 1217. REPORTS ON ENHANCING SECURITY AND STABILITY IN THE 
REGION ALONG THE BORDER OF AFGHANISTAN AND 
PAKISTAN. 
(a) ADDITIONAL REPORTS REQUIRED.—Subsection (a) of section 
1232 of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 392) is amended— 
(1) in the heading of paragraph (1), by striking ‘‘IN GEN-
ERAL’’ and inserting ‘‘INITIAL REPORT’’; 
(2) by striking paragraph (4); 
(3) by redesignating paragraph (3) as paragraph (4); and 
(4) by inserting after paragraph (2) the following new para-
graph: 
‘‘(3) SUBSEQUENT REPORTS.—Concurrent with the submis-
sion of each report submitted under section 1230 after the 
date of the enactment of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009, the Secretary of 
Defense, in consultation with the Secretary of State, shall 
submit to the appropriate congressional committees, a report 
on enhancing security and stability in the region along the 
border of Afghanistan and Pakistan. Each such report shall 
include the following: 
‘‘(A) A description of the matters required to be 
included in the initial report required under paragraph 
(1). 
‘‘(B) A description of any peace agreements between 
the Government of Pakistan and tribal leaders from regions 
along the Afghanistan-Pakistan border that contain 
commitments to prevent cross-border incursions into 
Afghanistan and any mechanisms in such agreements to 
enforce such commitments. 
‘‘(C) An assessment of the effectiveness of such peace 
agreements in preventing cross-border incursions and of 
the Government of Pakistan in enforcing those agree-
ments.’’. 
(b) COPY
OF NOTIFICATION RELATING
TO DEPARTMENT
OF 
DEFENSE COALITION SUPPORT FUNDS FOR PAKISTAN.—Subsection 
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122 STAT. 4635 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b)(1) of such section is amended by adding at the end the following 
new subparagraph: 
‘‘(C) COPY OF NOTIFICATION.—The Secretary of Defense 
shall submit to the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign 
Relations of the Senate a copy of each notification required 
under subparagraph (A).’’. 
(c) ADDITIONAL INFORMATION
ON DEPARTMENT
OF DEFENSE 
COALITION SUPPORT FUNDS FOR PAKISTAN.—Subsection (b) of such 
section is amended— 
(1) by redesignating paragraph (5) as paragraph (6); and 
(2) by inserting after paragraph (4) the following new para-
graph: 
‘‘(5) REQUIREMENT TO SUBMIT INFORMATION RELATING TO 
CLAIMS DISALLOWED OR DEFERRED BY THE UNITED STATES.— 
‘‘(A) IN
GENERAL.—The Secretary of Defense shall 
submit, in the manner specified in subparagraph (B), an 
itemized description of the costs claimed by the Govern-
ment of Pakistan for logistical, military, or other support 
provided by Pakistan to the United States for which the 
United States will disallow or defer reimbursement to the 
Government of Pakistan under the authority of any provi-
sion of law described in paragraph (1)(B). 
‘‘(B) MANNER OF SUBMISSION.— 
‘‘(i) IN GENERAL.—To the maximum extent prac-
ticable, the Secretary shall submit each itemized 
description of costs required under subparagraph (A) 
as part of the notification required under paragraph 
(1). 
‘‘(ii) ALTERNATIVE SUBMISSION.—To the extent that 
an itemized description of costs required under 
subparagraph (A) is not submitted in accordance with 
clause (i), the Secretary shall submit such description 
not later than 180 days after the date on which a 
decision to disallow or defer reimbursement for the 
costs claimed is made. 
‘‘(C) FORM.—Each itemized description of costs required 
under subparagraph (B) shall be submitted in an unclassi-
fied form, but may include a classified annex, if necessary.’’. 
(d) EXTENSION OF NOTIFICATION REQUIREMENT RELATING TO 
DEPARTMENT OF DEFENSE COALITION SUPPORT FUNDS FOR PAKI-
STAN.—Subsection (b)(6) of such section, as redesignated by sub-
section (c) of this section, is amended by striking ‘‘September 30, 
2009’’ and inserting ‘‘September 30, 2010’’. 
(e) REPORT RELATING TO DEPARTMENT OF DEFENSE COALITION 
SUPPORT FUNDS FOR PAKISTAN.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(c) REPORT RELATING TO DEPARTMENT OF DEFENSE COALITION 
SUPPORT FUNDS FOR PAKISTAN.— 
‘‘(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009, the Secretary of Defense 
shall submit to the appropriate congressional committees a 
report that contains a detailed description of efforts by the 
Secretary of Defense to address the findings and implement 
the recommendations made by the Government Accountability 
Office in its report entitled ‘Combating Terrorism: Increased 
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122 STAT. 4636 
PUBLIC LAW 110–417—OCT. 14, 2008 
Oversight 
and 
Accountability 
Needed 
Over 
Pakistan 
Reimbursement Claims for Coalition Support Funds’ (GAO- 
08-806; June 24, 2008). 
‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEE DEFINED.— 
In this subsection, the term ‘appropriate congressional commit-
tees’ has the meaning given the term in subsection (a)(5).’’. 
SEC. 1218. STUDY AND REPORT ON POLICE TRANSITION TEAMS TO 
TRAIN, ASSIST, AND ADVISE UNITS OF THE IRAQI POLICE 
SERVICE. 
(a) STUDY AND REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of State and the Government of 
Iraq, shall conduct a study and submit to the appropriate congres-
sional committees a report containing the recommendations of the 
Secretary of Defense on— 
(1) the number of personnel required for Police Transition 
Teams to train, assist, and advise units of the Iraqi Police 
Service in fiscal year 2009 and in fiscal year 2010; 
(2) the funding required to support the level of personnel 
described in paragraph (1) in fiscal year 2009 and in fiscal 
year 2010; and 
(3) the feasibility of transferring responsibility for the provi-
sion of the personnel described in paragraph (1) and the support 
described in paragraph (2) from the Department of Defense 
to the Department of State. 
(b) FORM.—The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex 
if required. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives; and 
(2) the Committee on Armed Services and the Committee 
on Foreign Relations of the Senate. 
Subtitle C—Other Matters 
SEC. 1231. PAYMENT OF PERSONNEL EXPENSES FOR MULTILATERAL 
COOPERATION PROGRAMS. 
(a) EXPANSION OF AUTHORITY FOR BILATERAL AND REGIONAL 
PROGRAMS TO COVER MULTILATERAL PROGRAMS.—Section 1051 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘a bilateral’’ and inserting 
‘‘a multilateral, bilateral,’’; and 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘to and’’ and inserting ‘‘to, from, 
and’’; and 
(ii) by striking ‘‘bilateral’’ and inserting ‘‘multilat-
eral, bilateral,’’; and 
(B) in paragraph (2), by striking ‘‘bilateral’’ and 
inserting ‘‘multilateral, bilateral,’’. 
(b) AVAILABILITY
OF FUNDS
FOR PROGRAMS
AND ACTIVITIES 
ACROSS FISCAL YEARS.— 
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122 STAT. 4637 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) IN
GENERAL.—Such section is further amended by 
adding at the end the following new subsection: 
‘‘(e) Funds available to carry out this section shall be available, 
to the extent provided in appropriations Acts, for programs and 
activities under this section that begin in a fiscal year and end 
in the following fiscal year.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect on October 1, 2008, and shall apply with 
respect to programs and activities under section 1051 of title 
10, United States Code, as so amended, that begin on or after 
that date. 
(c) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) HEADING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘§ 1051. Multilateral, bilateral, or regional cooperation pro-
grams: payment of personnel expenses’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 53 of such title is amended by striking 
the item relating to section 1051 and inserting the following 
new item: 
‘‘1051. Multilateral, bilateral, or regional cooperation programs: payment of per-
sonnel expenses.’’. 
SEC. 1232. PARTICIPATION OF THE DEPARTMENT OF DEFENSE IN 
MULTINATIONAL MILITARY CENTERS OF EXCELLENCE. 
(a) PARTICIPATION AUTHORIZED.— 
(1) IN
GENERAL.—Subchapter II of chapter 138 of title 
10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 2350m. Participation in multinational military centers of 
excellence 
‘‘(a) PARTICIPATION AUTHORIZED.—The Secretary of Defense 
may, with the concurrence of the Secretary of State, authorize 
the participation of members of the armed forces and Department 
of Defense civilian personnel in any multinational military center 
of excellence for purposes of— 
‘‘(1) enhancing the ability of military forces and civilian 
personnel of the nations participating in such center to engage 
in joint exercises or coalition or international military oper-
ations; or 
‘‘(2) improving interoperability between the armed forces 
and the military forces of friendly foreign nations. 
‘‘(b) MEMORANDUM OF UNDERSTANDING.—(1) The participation 
of members of the armed forces or Department of Defense civilian 
personnel in a multinational military center of excellence under 
subsection (a) shall be in accordance with the terms of one or 
more memoranda of understanding entered into by the Secretary 
of Defense, with the concurrence of the Secretary of State, and 
the foreign nation or nations concerned. 
‘‘(2) If Department of Defense facilities, equipment, or funds 
are used to support a multinational military center of excellence 
under subsection (a), the memoranda of understanding under para-
graph (1) with respect to that center shall provide details of any 
cost-sharing arrangement or other funding arrangement. 
10 USC 1051 
note. 
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122 STAT. 4638 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(c) AVAILABILITY OF APPROPRIATED FUNDS.—(1) Funds appro-
priated to the Department of Defense for operation and maintenance 
are available as follows: 
‘‘(A) To pay the United States share of the operating 
expenses of any multinational military center of excellence 
in which the United States participates under this section. 
‘‘(B) To pay the costs of the participation of members of 
the armed forces and Department of Defense civilian personnel 
in multinational military centers of excellence under this sec-
tion, including the costs of expenses of such participants. 
‘‘(2) No funds may be used under this section to fund the 
pay or salaries of members of the armed forces and Department 
of Defense civilian personnel who participate in multinational mili-
tary centers of excellence under this section. 
‘‘(d) USE OF DEPARTMENT OF DEFENSE FACILITIES AND EQUIP-
MENT.—Facilities and equipment of the Department of Defense 
may be used for purposes of the support of multinational military 
centers of excellence under this section that are hosted by the 
Department. 
‘‘(e) ANNUAL REPORTS ON USE OF AUTHORITY.—(1) Not later 
than October 31, 2009, and annually thereafter, the Secretary of 
Defense shall submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives a report on the use of the authority in this section 
during the preceding fiscal year. 
‘‘(2) Each report required by paragraph (1) shall include, for 
the fiscal year covered by such report, the following: 
‘‘(A) A detailed description of the participation of the 
Department of Defense, and of members of the armed forces 
and civilian personnel of the Department, in multinational 
military centers of excellence under the authority of this section. 
‘‘(B) For each multinational military center of excellence 
in which the Department of Defense, or members of the armed 
forces or civilian personnel of the Department, so participated— 
‘‘(i) a description of such multinational military center 
of excellence; 
‘‘(ii) a description of the activities participated in by 
the Department, or by members of the armed forces or 
civilian personnel of the Department; and 
‘‘(iii) a statement of the costs of the Department for 
such participation, including— 
‘‘(I) a statement of the United States share of 
the expenses of such center and a statement of the 
percentage of the United States share of the expenses 
of such center to the total expenses of such center; 
and 
‘‘(II) a statement of the amount of such costs 
(including a separate statement of the amount of costs 
paid for under the authority of this section by category 
of costs). 
‘‘(f) 
MULTINATIONAL
MILITARY
CENTER
OF
EXCELLENCE 
DEFINED.—In this section, the term ‘multinational military center 
of excellence’ means an entity sponsored by one or more nations 
that is accredited and approved by the Military Committee of the 
North Atlantic Treaty Organization (NATO) as offering recognized 
expertise and experience to personnel participating in the activities 
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122 STAT. 4639 
PUBLIC LAW 110–417—OCT. 14, 2008 
of such entity for the benefit of NATO by providing such personnel 
opportunities to— 
‘‘(1) enhance education and training; 
‘‘(2) improve interoperability and capabilities; 
‘‘(3) assist in the development of doctrine; and 
‘‘(4) validate concepts through experimentation.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter II of chapter 138 of such title is 
amended by adding at the end the following new item: 
‘‘2350m. Participation in multinational military centers of excellence.’’. 
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 1205 of the 
John Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364; 120 Stat. 2416) is repealed. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on October 1, 2008. 
SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY 
DEFENSE CONTRACTORS IN CERTAIN SPACE ACTIVITIES 
OF THE PEOPLE’S REPUBLIC OF CHINA. 
(a) REVIEW REQUIRED.—The Secretary of Defense shall conduct 
a review to determine whether there are any security risks associ-
ated with participation by covered contractors in certain space 
activities of the People’s Republic of China. 
(b) MATTERS
TO BE INCLUDED.—The review required under 
subsection (a) shall include, at a minimum, a review of the following: 
(1) Whether there have been any incidents with respect 
to which a determination has been made that an improper 
disclosure of covered information by a covered contractor has 
occurred during the five-year period ending on the date of 
the enactment of this Act. 
(2) The increase, if any, in the number of covered contrac-
tors expected to occur during the 5-year period beginning on 
the date of the enactment of this Act. 
(3) The extent to which the policies and procedures of 
the Department of Defense are sufficient to protect against 
the improper disclosure of covered information by a covered 
contractor during the 5-year period beginning on the date of 
the enactment of this Act. 
(4) The Secretary’s conclusions regarding awards of con-
tracts by the Department of Defense to covered contractors 
after the date of the enactment of this Act. 
(5) Any other matters that the Secretary determines to 
be appropriate to include in the review. 
(c) COOPERATION FROM OTHER DEPARTMENTS AND AGENCIES.— 
The Secretary of State, the Director of National Intelligence, and 
the head of any other United States Government department or 
agency shall cooperate in a complete and timely manner to provide 
the Secretary of Defense with data and other information necessary 
for the Secretary of Defense to carry out the review required under 
subsection (a). 
(d) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2009, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on the review required under subsection 
(a). 
10 USC 2350m 
note. 
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122 STAT. 4640 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) FORM.—The report required under this subsection shall 
include a summary in unclassified form to the maximum extent 
practicable. 
(e) DEFINITIONS.—In this section: 
(1) CERTAIN SPACE ACTIVITIES OF THE PEOPLE’S REPUBLIC 
OF CHINA.—The term ‘‘certain space activities of the People’s 
Republic of China’’ means— 
(A) the development or manufacture of satellites for 
launch from the People’s Republic of China; and 
(B) the launch of satellites from the People’s Republic 
of China. 
(2) COVERED CONTRACTOR.—The term ‘‘covered contractor’’ 
means a contractor of the Department of Defense, and any 
subcontractor (at any tier) of the contractor, that— 
(A) has access to covered information; and 
(B) participates, or is part of a joint venture that 
participates, or whose parent, sister, subsidiary, or affiliate 
company participates, in certain space activities in the 
People’s Republic of China. 
(3) COVERED INFORMATION.—The term ‘‘covered informa-
tion’’ means classified information and sensitive controlled 
unclassified information obtained under contracts (or sub-
contracts of such contracts) of the Department of Defense. 
SEC. 1234. REPORT ON IRAN’S CAPABILITY TO PRODUCE NUCLEAR 
WEAPONS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, and annually thereafter, the Director 
of National Intelligence shall submit to Congress a report on Iran’s 
capability to produce nuclear weapons. The report required under 
this subsection may be submitted in classified form. 
(b) MATTERS TO BE INCLUDED.—The report required under sub-
section (a) shall include the following: 
(1) The locations, types, and number of centrifuges and 
other specialized equipment necessary for the enrichment of 
uranium and any plans to acquire, manufacture, and operate 
such equipment in the future. 
(2) An estimate of the amount, if any, of highly enriched 
uranium and weapons grade plutonium acquired or produced 
to date, an estimate of the amount of weapons grade plutonium 
that is likely to be produced or acquired in the near- and 
midterms and the amount of highly enriched uranium that 
is likely to be produced or acquired in the near- and midterms, 
and the number of nuclear weapons that could be produced 
with such materials. 
(3) A evaluation of the extent to which security and safe-
guards at any nuclear site prevent, slow, verify, or help monitor 
the enrichment of uranium or the reprocessing of plutonium 
into weapons-grade materials. 
(4) A description of any weaponization activities, such as 
the research, design, development, or testing of nuclear 
weapons or weapons-related components. 
(5) A description of any programs to construct, acquire, 
test, or improve methods to deliver nuclear weapons, including 
an assessment of the likely progress of such programs in the 
near- and mid-terms. 
50 USC 2367 
note. 
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122 STAT. 4641 
PUBLIC LAW 110–417—OCT. 14, 2008 
(6) A summary of assessments made by allies of the United 
States of Iran’s nuclear weapons program and nuclear-capable 
delivery systems programs. 
(c) NOTIFICATION.—The President shall notify Congress, in 
writing, within 15 days of determining that— 
(1) Iran has resumed a nuclear weapons program; 
(2) Iran has met or surpassed any major milestone in 
its nuclear weapons program; or 
(3) Iran has undertaken to accelerate, decelerate, or cease 
the development of any significant element within its nuclear 
weapons program. 
SEC. 1235. EMPLOYMENT FOR RESETTLED IRAQIS. 
(a) IN GENERAL.—The Secretary of Defense and the Secretary 
of State are authorized to jointly establish and operate a temporary 
program to offer employment as translators, interpreters, or cultural 
awareness instructors to individuals described in subsection (b). 
Individuals described in such subsection may be appointed to tem-
porary positions of one year or less outside Iraq with either the 
Department of Defense or the Department of State, without competi-
tion and without regard for the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, United States Code. Such 
individuals may also be hired as personal services contractors by 
either of such Departments to provide translation, interpreting, 
or cultural awareness instruction, except that such individuals so 
hired shall not by virtue of such employment be considered 
employees of the United States Government, except for purposes 
of chapter 81 of title 5, United States Code, and chapter 171 
of title 28, United States Code. 
(b) ELIGIBILITY.—Individuals referred to in subsection (a) are 
Iraqi nationals who— 
(1) have received a special immigrant visa issued pursuant 
to section 1059 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163) or section 1244 of 
the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181); and 
(2) are lawfully present in the United States. 
(c) FUNDING.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
program established under subsection (a) shall be funded from 
the annual general operating budget of the Department of 
Defense. 
(2) EXCEPTION.—The Secretary of State shall reimburse 
the Department of Defense for any costs associated with individ-
uals described in subsection (b) whose work is for or on behalf 
of the Department of State. 
(d) RULE OF CONSTRUCTION REGARDING ACCESS TO CLASSIFIED 
INFORMATION.—Nothing in this section may be construed as 
affecting in any manner practices and procedures regarding the 
handling of or access to classified information. 
(e) INFORMATION SHARING.—The Secretary of Defense and the 
Secretary of State shall work with the Secretary of Homeland 
Security and the Office of Refugee Resettlement of the Department 
of Health and Human Services to ensure that individuals described 
in subsection (b) are informed of the program established under 
subsection (a). 
10 USC 1580 
note. 
President. 
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122 STAT. 4642 
PUBLIC LAW 110–417—OCT. 14, 2008 
(f) REGULATION.—The Secretary of Defense, jointly with the 
Secretary of State and with the concurrence of the Director of 
the Office of Personnel Management, shall prescribe such regula-
tions as are necessary to carry out the program established under 
subsection (a), including ensuring the suitability for employment 
described in subsection (a) of individuals described in subsection 
(b), determining the number of positions, and establishing pay 
scales and hiring procedures. 
(g) TERMINATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
program established under subsection (a) shall terminate on 
December 31, 2014. 
(2) EARLIER
TERMINATION.—If the Secretary of Defense, 
jointly with the Secretary of State, determines that the program 
established under subsection (a) should terminate before the 
date specified in paragraph (1), the Secretaries may terminate 
the program if the Secretaries notify Congress in writing of 
such termination at least 180 days before such termination. 
SEC. 1236. EXTENSION AND MODIFICATION OF UPDATES ON REPORT 
ON CLAIMS RELATING TO THE BOMBING OF THE LABELLE 
DISCOTHEQUE. 
Section 1225(b) of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3465), as amended 
by section 1261(1)(B) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 405), is further 
amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘Not later than one year after enact-
ment of this Act, and not later than two years after enact-
ment of this Act’’ and inserting ‘‘Not later than 90 days 
after the date of the enactment of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009, 
and every 180 days thereafter’’; and 
(B) by adding at the end the following new sentence: 
‘‘Each update under this paragraph after the date of the 
enactment of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 shall be submitted 
in unclassified form, but may include a classified annex.’’; 
and 
(2) by adding at the end the following new paragraph: 
‘‘(3) TERMINATION.—The requirement to submit updates 
under paragraph (2) shall terminate upon submission by the 
Secretary of State to Congress of the certification described 
in section 5(a)(2) of the Libya Claims Resolution Act (Public 
Law 110–301; 122 Stat. 3000).’’. 
SEC. 1237. REPORT ON UTILIZATION OF CERTAIN GLOBAL PARTNER-
SHIP AUTHORITIES. 
(a) IN GENERAL.—Not later than December 31, 2010, the Sec-
retary of Defense and the Secretary of State shall jointly submit 
to the appropriate committees of Congress a report on the 
implementation of the Building Global Partnership authorities 
during the period beginning on the date of the enactment of this 
Act and ending on September 30, 2010. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
Deadlines. 
Notification. 
Deadline. 
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122 STAT. 4643 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) A detailed summary of the programs conducted under 
the Building Global Partnership authorities during the period 
covered by the report, including, for each country receiving 
assistance under such a program, a description of the assistance 
provided and its cost. 
(2) An assessment of the impact of the assistance provided 
under the Building Global Partnership authorities with respect 
to each country receiving assistance under such authorities. 
(3) A description of— 
(A) the processes used by the Department of Defense 
and the Department of State to jointly formulate, prioritize, 
and select projects to be funded under the Building Global 
Partnership authorities; and 
(B) the processes, if any, used by the Department of 
Defense and the Department of State to evaluate the suc-
cess of each project so funded after its completion. 
(4) A statement of the projects initiated under the Building 
Global 
Partnership 
authorities 
that 
were 
subsequently 
transitioned to and sustained under the authorities of the For-
eign Assistance Act of 1961 or other authorities. 
(5) An assessment of the utility of the Building Global 
Partnership authorities, and of any gaps in such authorities, 
including an assessment of the feasability and advisability of 
continuing such authorities beyond their current dates of 
expiration (whether in their current form or with such modifica-
tions as the Secretary of Defense and the Secretary of State 
jointly consider appropriate). 
(c) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Committee on Foreign Relations 
of the Senate; and 
(B) the Committee on Armed Services, the Committee 
on Appropriations, and the Committee on Foreign Affairs 
of the House of Representatives. 
(2) BUILDING GLOBAL PARTNERSHIP AUTHORITIES.—The term 
‘‘Building Global Partnership authorities’’ means the following: 
(A) AUTHORITY
FOR
BUILDING
CAPACITY
OF
FOREIGN 
MILITARY FORCES.—The authorities provided in section 1206 
of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3456), as amended 
by section 1206 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2418) and section 1206 of this Act. 
(B) AUTHORITY
FOR
SECURITY
AND
STABILIZATION 
ASSISTANCE.—The authorities provided in section 1207 of 
the National Defense Authorization Act for Fiscal Year 
2006 (119 Stat. 3458), as amended by section 1210 of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 122 Stat. 369) and section 1207 
of this Act. 
(C) CIVIC ASSISTANCE AUTHORITIES UNDER COMBATANT 
COMMANDER INITIATIVE FUND.—The authority to engage in 
urgent and unanticipated civic assistance under the 
Combatant Commander Initiative Fund under section 
166a(b)(6) of title 10, United States Code, as a result of 
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122 STAT. 4644 
PUBLIC LAW 110–417—OCT. 14, 2008 
the amendments made by section 902 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 
(120 Stat. 2351). 
SEC. 1238. MODIFICATION AND REPEAL OF REQUIREMENT TO SUBMIT 
CERTAIN ANNUAL REPORTS TO CONGRESS REGARDING 
ALLIED CONTRIBUTIONS TO THE COMMON DEFENSE. 
(a) MODIFICATION OF CERTAIN REPORTS ON ALLIED CONTRIBU-
TIONS TO THE COMMON DEFENSE.—Section 1003 of the Department 
of Defense Authorization Act, 1985 (Public Law 98–525; 98 Stat. 
2576) is amended— 
(1) by striking subsections (c) and (d); and 
(2) adding at the end the following new subsections: 
‘‘(c) The Secretary of Defense shall submit to the Committee 
on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives each year, not later than 
March 1, a report containing a description of— 
‘‘(1) annual defense spending by each member nation of 
NATO, by each member nation of the Euro-Atlantic Partnership 
Council (EAPC), and by Japan, including available nominal 
budget figures and defense spending as a percentage of the 
respective nation’s gross domestic product for the fiscal year 
immediately preceding the fiscal year in which the report is 
submitted; 
‘‘(2) activities of each NATO member nation, each EAPC 
member nation, and Japan to contribute to military or stability 
operations in which the United States Armed Forces are a 
participant; 
‘‘(3) any limitations that such nations place on the use 
of their national contributions described in paragraph (2); and 
‘‘(4) any actions undertaken by the United States Govern-
ment to minimize those limitations described in paragraph 
(3). 
‘‘(d) The report required under subsection (c) shall be submitted 
in unclassified form, but may include a classified annex.’’ 
(b) REPEAL
OF REPORT
ON COST-SHARING.—Section 1313 of 
the National Defense Authorization Act for Fiscal Year 1995 (Public 
Law 103–337; 108 Stat. 2894) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as subsections (c). 
TITLE XIII—COOPERATIVE THREAT 
REDUCTION 
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 
Sec. 1302. Funding allocations. 
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
PROGRAMS AND FUNDS. 
(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PRO-
GRAMS.—For purposes of section 301 and other provisions of this 
Act, Cooperative Threat Reduction programs are the programs 
specified in section 1501 of the National Defense Authorization 
Act for Fiscal Year 1997 (50 U.S.C. 2362 note). 
22 USC 1928 
note. 
22 USC 1928 
note. 
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122 STAT. 4645 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) FISCAL YEAR 2009 COOPERATIVE THREAT REDUCTION FUNDS 
DEFINED.—As used in this title, the term ‘‘fiscal year 2009 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for 
Cooperative Threat Reduction programs. 
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 
the authorization of appropriations in section 301 for Cooperative 
Threat Reduction programs shall be available for obligation for 
fiscal years 2009, 2010, and 2011. 
SEC. 1302. FUNDING ALLOCATIONS. 
(a) FUNDING
FOR SPECIFIC PURPOSES.—Of the $434,135,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2009 in section 301(19) for Cooperative Threat Reduction 
programs, the following amounts may be obligated for the purposes 
specified: 
(1) For strategic offensive arms elimination in Russia, 
$79,985,000. 
(2) For strategic nuclear arms elimination in Ukraine, 
$6,400,000. 
(3) For nuclear weapons storage security in Russia, 
$24,101,000. 
(4) For nuclear weapons transportation security in Russia, 
$40,800,000. 
(5) For weapons of mass destruction proliferation preven-
tion in the states of the former Soviet Union, $59,286,000. 
(6) For biological threat reduction in the former Soviet 
Union, $184,463,000. 
(7) For chemical weapons destruction, $1,000,000. 
(8) For defense and military contacts, $8,000,000. 
(9) For new Cooperative Threat Reduction initiatives, 
$10,000,000. 
(10) For activities designated as Other Assessments/ 
Administrative Costs, $20,100,000. 
(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR 
OTHER PURPOSES.—No fiscal year 2009 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than 
a purpose listed in paragraphs (1) through (10) of subsection (a) 
until 15 days after the date that the Secretary of Defense submits 
to Congress a report on the purpose for which the funds will 
be obligated or expended and the amount of funds to be obligated 
or expended. Nothing in the preceding sentence shall be construed 
as authorizing the obligation or expenditure of fiscal year 2009 
Cooperative Threat Reduction funds for a purpose for which the 
obligation or expenditure of such funds is specifically prohibited 
under this title or any other provision of law. 
(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 
(1) IN GENERAL.—Subject to paragraph (2), in any case 
in which the Secretary of Defense determines that it is nec-
essary to do so in the national interest, the Secretary may 
obligate amounts appropriated for fiscal year 2009 for a purpose 
listed in paragraphs (1) through (10) of subsection (a) in excess 
of the specific amount authorized for that purpose. 
(2) NOTICE-AND-WAIT
REQUIRED.—An obligation of funds 
for a purpose stated in paragraphs (1) through (10) of subsection 
(a) in excess of the specific amount authorized for such purpose 
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122 STAT. 4646 
PUBLIC LAW 110–417—OCT. 14, 2008 
may be made using the authority provided in paragraph (1) 
only after— 
(A) the Secretary submits to Congress notification of 
the intent to do so together with a complete discussion 
of the justification for doing so; and 
(B) 15 days have elapsed following the date of the 
notification. 
TITLE XIV—OTHER AUTHORIZATIONS 
Subtitle A—Military Programs 
Sec. 1401. Working capital funds. 
Sec. 1402. National Defense Sealift Fund. 
Sec. 1403. Defense Health Program. 
Sec. 1404. Chemical agents and munitions destruction, defense. 
Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 
Sec. 1406. Defense Inspector General. 
Sec. 1407. National Defense Sealift Fund amendments. 
Subtitle B—National Defense Stockpile 
Sec. 1411. Authorized uses of National Defense Stockpile funds. 
Sec. 1412. Revisions to previously authorized disposals from the National Defense 
Stockpile. 
Subtitle C—Armed Forces Retirement Home 
Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 
Subtitle A—Military Programs 
SEC. 1401. WORKING CAPITAL FUNDS. 
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 providing capital for 
working capital and revolving funds in amounts as follows: 
(1) For the Defense Working Capital Funds, $198,150,000. 
(2) For the Defense Working Capital Fund, Defense Com-
missary, $1,291,084,000. 
SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 
Funds are hereby authorized to be appropriated for fiscal year 
2009 for the National Defense Sealift Fund in the amount of 
$1,608,572,000. 
SEC. 1403. DEFENSE HEALTH PROGRAM. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 2009 for expenses, not otherwise provided for, for the 
Defense Health Program, in the amount of $24,966,917,000, of 
which— 
(1) $24,467,074,000 is for Operation and Maintenance; 
(2) $195,938,000 is for Research, Development, Test, and 
Evaluation; and 
(3) $303,905,000 is for Procurement. 
(b) SOURCE OF CERTAIN FUNDS.—Of the amount available under 
subsection (a), $1,300,000,000 shall, to the extent provided in 
advance in an Act making appropriations for fiscal year 2009, 
be available by transfer from the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h). 
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122 STAT. 4647 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 
DEFENSE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for the Department of Defense for 
fiscal year 2009 for expenses, not otherwise provided for, for Chem-
ical Agents and Munitions Destruction, Defense, in the amount 
of $1,485,634,000, of which— 
(1) $1,152,668,000 is for Operation and Maintenance; 
(2) $268,881,000 is for Research, Development, Test, and 
Evaluation; and 
(3) $64,085,000 is for Procurement. 
(b) USE.—Amounts authorized to be appropriated under sub-
section (a) are authorized for— 
(1) the destruction of lethal chemical agents and munitions 
in accordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521); and 
(2) the destruction of chemical warfare materiel of the 
United States that is not covered by section 1412 of such 
Act. 
SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2009 for expenses, not otherwise 
provided for, for Drug Interdiction and Counter-Drug Activities, 
Defense-wide, in the amount of $1,060,463,000. 
SEC. 1406. DEFENSE INSPECTOR GENERAL. 
Funds are hereby authorized to be appropriated for the Depart-
ment of Defense for fiscal year 2009 for expenses, not otherwise 
provided for, for the Office of the Inspector General of the Depart-
ment of Defense, in the amount of $273,845,000, of which— 
(1) $270,445,000 is for Operation and Maintenance; and 
(2) $3,400,000 is for Procurement. 
SEC. 1407. NATIONAL DEFENSE SEALIFT FUND AMENDMENTS. 
Section 2218 of title 10, United States Code, is amended— 
(1) by striking subsection (j) and redesignating subsections 
(k) and (l) as subsections (j) and (k), respectively; and 
(2) in paragraph (2) of subsection (k) (as so redesignated), 
by striking subparagraphs (B) thru (I) and inserting the fol-
lowing new subparagraph (B): 
‘‘(B) Any other auxiliary vessel that was procured or char-
tered with specific authorization in law for the vessel, or class 
of vessels, to be funded in the National Defense Sealift Fund.’’. 
Subtitle B—National Defense Stockpile 
SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
FUNDS. 
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2009, 
the National Defense Stockpile Manager may obligate up to 
$41,153,000 of the funds in the National Defense Stockpile Trans-
action Fund established under subsection (a) of section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 
for the authorized uses of such funds under subsection (b)(2) of 
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122 STAT. 4648 
PUBLIC LAW 110–417—OCT. 14, 2008 
such section, including the disposal of hazardous materials that 
are environmentally sensitive. 
(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 
Manager may obligate amounts in excess of the amount specified 
in subsection (a) if the National Defense Stockpile Manager notifies 
Congress that extraordinary or emergency conditions necessitate 
the additional obligations. The National Defense Stockpile Manager 
may make the additional obligations described in the notification 
after the end of the 45-day period beginning on the date on which 
Congress receives the notification. 
(c) LIMITATIONS.—The authorities provided by this section shall 
be subject to such limitations as may be provided in appropriations 
Acts. 
SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DISPOSALS FROM 
THE NATIONAL DEFENSE STOCKPILE. 
(a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Section 3303(a)(7) 
of the Strom Thurmond National Defense Authorization Act for 
Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 98d note), as 
most recently amended by section 1412(b) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 418), is further amended by striking ‘‘$1,066,000,000 by the 
end of fiscal year 2015’’ and inserting ‘‘$1,386,000,000 by the end 
of fiscal year 2016’’. 
(b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Section 3305(a)(5) 
of the National Defense Authorization Act for Fiscal Year 1998 
(Public Law 105–85; 50 U.S.C. 98d note), as most recently amended 
by section 3302(b) of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2513), 
is further amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 
Subtitle C—Armed Forces Retirement 
Home 
SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
RETIREMENT HOME. 
There is authorized to be appropriated for fiscal year 2009 
from the Armed Forces Retirement Home Trust Fund the sum 
of $63,010,000 for the operation of the Armed Forces Retirement 
Home. 
TITLE XV—AUTHORIZATION OF ADDI-
TIONAL APPROPRIATIONS FOR OPER-
ATION IRAQI FREEDOM AND OPER-
ATION ENDURING FREEDOM 
Sec. 1501. Authorization of additional appropriations for operations in Afghanistan 
and Iraq for fiscal year 2009. 
Sec. 1502. Requirement for separate display of budgets for Afghanistan and Iraq. 
Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 
Sec. 1504. Science and technology investment strategy to defeat or counter impro-
vised explosive devices. 
Sec. 1505. Limitations on Iraq Security Forces Fund. 
Sec. 1506. Limitations on Afghanistan Security Forces Fund. 
Sec. 1507. Special transfer authority. 
Notification. 
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122 STAT. 4649 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 1508. Prohibition on use of United States funds for certain facilities projects 
in Iraq and contributions by the Government of Iraq to combined oper-
ations and other activities in Iraq. 
SEC. 1501. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 
OPERATIONS IN AFGHANISTAN AND IRAQ FOR FISCAL 
YEAR 2009. 
(a) AUTHORIZATION OF PREVIOUSLY APPROPRIATED AMOUNTS.— 
In addition to the amounts otherwise authorized to be appropriated 
by division A of this Act, the amounts appropriated for fiscal year 
2009 in chapter 2 of title IX of the Supplemental Appropriations 
Act, 2008 (Public Law 110–252; 122 Stat. 2405–2414) are hereby 
authorized to be appropriated. 
(b) ADDITIONAL AUTHORIZATION.—In addition to the amounts 
otherwise authorized to be appropriated by division A of this Act 
and subsection (a), funds in the amount of $2,076,000,000 are 
hereby authorized to be appropriated for aircraft procurement, Air 
Force, for the purpose of acquiring six C–17 aircraft. 
SEC. 1502. REQUIREMENT FOR SEPARATE DISPLAY OF BUDGETS FOR 
AFGHANISTAN AND IRAQ. 
(a) OPERATIONS IN IRAQ AND AFGHANISTAN.—In any annual 
or supplemental budget request for the Department of Defense 
that is submitted to Congress after the date of the enactment 
of this Act, the Secretary of Defense shall set forth separately 
any funding requested in such budget request for— 
(1) operations of the Department of Defense in Afghanistan; 
and 
(2) operations of the Department of Defense in Iraq. 
(b) SPECIFICITY OF DISPLAY.—Each budget request covered by 
subsection (a) shall, for any funding requested for operations in 
Iraq or Afghanistan— 
(1) clearly display the amount of such funding at the appro-
priation account level and at the program, project, or activity 
level; and 
(2) include a detailed description of the assumptions under-
lying the funding for the period covered by the budget request, 
including the anticipated troop levels, the operations intended 
to be carried out, and the equipment reset requirements nec-
essary to support such operations. 
SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 
(a) USE
AND TRANSFER
OF FUNDS.—Subsections (b) and (c) 
of section 1514 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), 
as amended by subsection (b), shall apply to the funds appropriated 
pursuant to the authorization of appropriations in section 1501 
of this Act and made available to the Department of Defense for 
the Joint Improvised Explosive Device Defeat Fund. 
(b) MODIFICATION
OF FUNDS TRANSFER AUTHORITY.—Section 
1514(c)(1) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439) is 
amended— 
(1) by striking subparagraph (A); and 
(2) by redesignating subparagraphs (B) through (E) as sub-
paragraphs (A) through (D), respectively. 
(c) PRIOR NOTICE OF TRANSFER OF FUNDS.—Section 1514(c)(4) 
of the John Warner National Defense Authorization Act for Fiscal 
Applicability. 
10 USC 221 note. 
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122 STAT. 4650 
PUBLIC LAW 110–417—OCT. 14, 2008 
Year 2007 (Public Law 109–364; 120 Stat. 2439) is amended by 
inserting after ‘‘five days’’ the following: ‘‘(in the case of the obliga-
tion of funds) or 15 days (in the case of a transfer of funds)’’. 
(d) MONTHLY OBLIGATIONS AND EXPENDITURE REPORTS.—Not 
later than 15 days after the end of each month of fiscal year 
2009, the Secretary of Defense shall provide to the congressional 
defense committees a report on the Joint Improvised Explosive 
Device Defeat Fund explaining monthly commitments, obligations, 
and expenditures by line of action. 
(e) MODIFICATION OF SUBMITTAL DATE OF OTHER REPORTS.— 
Section 1514(e) of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2440) 
is amended by striking ‘‘30 days’’ and inserting ‘‘60 days’’. 
SEC. 1504. SCIENCE AND TECHNOLOGY INVESTMENT STRATEGY TO 
DEFEAT OR COUNTER IMPROVISED EXPLOSIVE DEVICES. 
(a) STRATEGY REQUIRED.—The Director of the Joint Improvised 
Explosive Device Defeat Organization (JIEDDO), jointly with the 
Director of Defense Research and Engineering, shall develop a 
comprehensive science and technology investment strategy for coun-
tering the threat of improvised explosive devices (IEDs). 
(b) ELEMENTS.—The strategy developed under subsection (a) 
shall include the following: 
(1) Identification of counter-IED capability gaps. 
(2) A taxonomy describing the major technical areas for 
the Department of Defense to address the counter-IED capa-
bility gaps and in which science and technology funding invest-
ments should be made. 
(3) Identification of funded programs to develop or mature 
technologies from or to the level of system or subsystem model 
or prototype demonstration in a relevant environment, and 
investment levels for those initiatives. 
(4) Identification of JIEDDO’s mechanisms for coordinating 
Department of Defense and Federal Government science and 
technology activities in areas covered by the strategy. 
(5) Identification of technology transition mechanisms 
developed or utilized to efficiently transition technologies to 
acquisition programs of the Department of Defense or into 
operational use, including a summary of counter-IED tech-
nologies transitioned from JIEDDO, the military departments, 
and other Defense Agencies to the acquisition programs or 
into operational use. 
(6) Identification of high priority basic research efforts that 
should be addressed through JIEDDO or other Department 
of Defense activities to support development of next generation 
IED defeat capabilities. 
(7) Identification of barriers or issues, such as industrial 
base, workforce, or statutory or regulatory barriers, that could 
hinder the efficient and effective development and operational 
use of advanced IED defeat capabilities, and discussion of activi-
ties undertaken to address them. 
(8) Identification of the measures of effectiveness for the 
overall Department of Defense science and technology counter- 
IED effort. 
(9) Such other matters as the Director of the JIEDDO 
and the Director of Defense Research and Engineering consider 
appropriate. 
10 USC 2358 
note. 
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122 STAT. 4651 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) REPORT.—Not later than March 1, 2009, and each March 
1 thereafter through March 1, 2013, the Director of the JIEDDO 
and the Director of Defense Research and Engineering shall jointly 
submit to the congressional defense committees a report describing 
the implementation of the strategy developed under subsection (a). 
The report may be in unclassified and classified format, as nec-
essary. 
SEC. 1505. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 
Funds appropriated pursuant to the authorization of appropria-
tions in section 1501 of this Act or in the Supplemental Appropria-
tions Act, 2008 (Public Law 110–252; 122 Stat. 2407) and made 
available to the Department of Defense for the Iraq Security Forces 
Fund shall be subject to the conditions contained in subsections 
(b) through (g) of section 1512 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 426). 
SEC. 1506. LIMITATIONS ON AFGHANISTAN SECURITY FORCES FUND. 
Funds appropriated pursuant to the authorization of appropria-
tions in section 1501 of this Act or in the Supplemental Appropria-
tions Act, 2008 (Public Law 110–252; 122 Stat. 2407) and made 
available to the Department of Defense for the Afghanistan Security 
Forces Fund shall be subject to the conditions contained in sub-
sections (b) through (g) of section 1513 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 428). 
SEC. 1507. SPECIAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the Secretary of 
Defense that such action is necessary in the national interest, 
the Secretary may transfer amounts of authorizations made 
available to the Department of Defense in this title for fiscal 
year 2009 between any such authorizations for that fiscal year 
(or any subdivisions thereof). Amounts of authorizations so 
transferred shall be merged with and be available for the 
same purposes as the authorization to which transferred. 
(2) LIMITATION.—The total amount of authorizations that 
the Secretary may transfer under the authority of this section 
may not exceed $4,000,000,000. 
(b) TERMS AND CONDITIONS.—Transfers under this section shall 
be subject to the same terms and conditions as transfers under 
section 1001. 
(c) ADDITIONAL AUTHORITY.—The transfer authority provided 
by this section is in addition to the transfer authority provided 
under section 1001. 
SEC. 1508. PROHIBITION ON USE OF UNITED STATES FUNDS FOR CER-
TAIN FACILITIES PROJECTS IN IRAQ AND CONTRIBU-
TIONS BY THE GOVERNMENT OF IRAQ TO COMBINED 
OPERATIONS AND OTHER ACTIVITIES IN IRAQ. 
(a) PROHIBITION RELATED TO FACILITIES FOR GOVERNMENT OF 
IRAQ.— 
(1) PROHIBITION ON AVAILABILITY OF UNITED STATES FUNDS 
FOR PROJECTS.—Except as provided in paragraph (2), amounts 
authorized to be appropriated by this title may not be obligated 
or expended for the acquisition, conversion, rehabilitation, or 
installation of facilities in Iraq for the use of the Government 
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122 STAT. 4652 
PUBLIC LAW 110–417—OCT. 14, 2008 
of Iraq, political subdivisions of Iraq, or agencies, departments, 
or forces of the Government of Iraq or such political subdivi-
sions. 
(2) EXCEPTIONS.— 
(A) EXCEPTION FOR CERP.—The prohibition in para-
graph (1) does not apply to amounts authorized to be 
appropriated by this title for the Commanders’ Emergency 
Response Program (CERP). 
(B) EXCEPTION
FOR
MILITARY
CONSTRUCTION.—The 
prohibition in paragraph (1) does not apply to military 
construction (as defined in section 2801 of title 10, United 
States Code), carried out in Iraq. 
(C) EXCEPTION
FOR
TECHNICAL
ASSISTANCE.—The 
prohibition in paragraph (1) does not apply to the provision 
of technical assistance necessary to assist the Government 
of Iraq to carry out facilities projects on its own behalf. 
(b) COMBINED OPERATIONS.— 
(1) COST SHARING.—The United States Government shall 
initiate negotiations with the Government of Iraq on an agree-
ment under which the Government of Iraq shall share with 
the United States Government the costs of combined operations 
of the Government of Iraq and the Multi-National Forces Iraq 
undertaken as part of Operation Iraqi Freedom. 
(2) REPORT.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of State shall, in 
conjunction with the Secretary of Defense, submit to Congress 
a report describing the status of negotiations under paragraph 
(1). 
(c) IRAQI SECURITY FORCES.— 
(1) USE OF IRAQ FUNDS.—The United States Government 
shall take actions to ensure that Iraq funds are used to pay 
the costs of the salaries, training, equipping, and sustainment 
of Iraqi Security Forces. 
(2) REPORTS.—Not later than 90 days after the date of 
the enactment of this Act, and every 180 days thereafter, the 
President shall submit to Congress a report setting forth an 
assessment of the progress made in meeting the requirements 
of paragraph (1). 
TITLE 
XVI—RECONSTRUCTION 
AND 
STABILIZATION 
CIVILIAN 
MANAGE-
MENT 
Sec. 1601. Short title. 
Sec. 1602. Findings. 
Sec. 1603. Definitions. 
Sec. 1604. Authority to provide assistance for reconstruction and stabilization cri-
ses. 
Sec. 1605. Reconstruction and stabilization. 
Sec. 1606. Authorities related to personnel. 
Sec. 1607. Reconstruction and stabilization strategy. 
Sec. 1608. Annual reports to Congress. 
SEC. 1601. SHORT TITLE. 
This title may be cited as the ‘‘Reconstruction and Stabilization 
Civilian Management Act of 2008’’. 
22 USC 2151 
note. 
Reconstruction 
and Stabilization 
Civilian 
Management 
Act of 2008. 
President. 
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122 STAT. 4653 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 1602. FINDINGS. 
Congress finds the following: 
(1) In June 2004, the Office of the Coordinator for 
Reconstruction and Stabilization (referred to as the ‘‘Coordi-
nator’’) was established in the Department of State with the 
mandate to lead, coordinate, and institutionalize United States 
Government civilian capacity to prevent or prepare for post- 
conflict situations and help reconstruct and stabilize a country 
or region that is at risk of, in, or is in transition from, conflict 
or civil strife. 
(2) In December 2005, the Coordinator’s mandate was re-
affirmed by the National Security Presidential Directive 44, 
which instructed the Secretary of State, and at the Secretary’s 
direction, the Coordinator, to coordinate and lead integrated 
United States Government efforts, involving all United States 
departments and agencies with relevant capabilities, to prepare, 
plan for, and conduct reconstruction and stabilization oper-
ations. 
(3) National Security Presidential Directive 44 assigns to 
the Secretary, with the Coordinator’s assistance, the lead role 
to develop reconstruction and stabilization strategies, ensure 
civilian interagency program and policy coordination, coordinate 
interagency processes to identify countries at risk of instability, 
provide decision-makers with detailed options for an integrated 
United States Government response in connection with 
reconstruction and stabilization operations, and carry out a 
wide range of other actions, including the development of a 
civilian surge capacity to meet reconstruction and stabilization 
emergencies. The Secretary and the Coordinator are also 
charged with coordinating with the Department of Defense 
on reconstruction and stabilization responses, and integrating 
planning and implementing procedures. 
(4) The Department of Defense issued Directive 3000.05, 
which establishes that stability operations are a core United 
States military mission that the Department of Defense must 
be prepared to conduct and support, provides guidance on sta-
bility operations that will evolve over time, and assigns respon-
sibilities within the Department of Defense for planning, 
training, and preparing to conduct and support stability oper-
ations. 
(5) The President’s Fiscal Year 2009 Budget Request to 
Congress includes $248.6 million for a Civilian Stabilization 
Initiative that would vastly improve civilian partnership with 
United States Armed Forces in post-conflict stabilization situa-
tions, including by establishing a Active Response Corps of 
250 persons, a Standby Response Corps of 2,000 persons, and 
a Civilian Response Corps of 2,000 persons. 
SEC. 1603. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 
Administrator of the United States Agency for International 
Development. 
(2) AGENCY.—The term ‘‘agency’’ means any entity included 
in chapter 1 of title 5, United States Code. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means the Committee 
22 USC 2734a 
note. 
22 USC 2368 
note. 
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122 STAT. 4654 
PUBLIC LAW 110–417—OCT. 14, 2008 
on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate. 
(4) DEPARTMENT.—Except as otherwise provided in this 
title, the term ‘‘Department’’ means the Department of State. 
(5) PERSONNEL.—The term ‘‘personnel’’ means individuals 
serving in any service described in section 2101 of title 5, 
United States Code, other than in the legislative or judicial 
branch. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of State. 
SEC. 1604. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUC-
TION AND STABILIZATION CRISES. 
Chapter 1 of part III of the Foreign Assistance Act of 1961 
(22 U.S.C. 2351 et seq.) is amended by inserting after section 
617 the following new section: 
‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION 
CRISIS. 
‘‘(a) ASSISTANCE.— 
‘‘(1) IN GENERAL.—If the President determines that it is 
in the national security interests of the United States for United 
States civilian agencies or non-Federal employees to assist in 
reconstructing and stabilizing a country or region that is at 
risk of, in, or is in transition from, conflict or civil strife, 
the President may, in accordance with the provisions set forth 
in section 614(a)(3), but notwithstanding any other provision 
of law, and on such terms and conditions as the President 
may determine, furnish assistance to such country or region 
for reconstruction or stabilization using funds described in para-
graph (2). 
‘‘(2) FUNDS DESCRIBED.—The funds referred to in paragraph 
(1) are funds made available under any other provision of 
this Act, and transferred or reprogrammed for purposes of 
this section, and such transfer or reprogramming shall be sub-
ject to the procedures applicable to a notification under section 
634A of this Act. 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to provide authority to transfer funds between 
accounts or between Federal departments or agencies. 
‘‘(b) LIMITATION.—The authority contained in this section may 
be exercised only during fiscal years 2009, 2010, and 2011.’’. 
SEC. 1605. RECONSTRUCTION AND STABILIZATION. 
Title I of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2651a et seq.) is amended by adding at the end the 
following new section: 
‘‘SEC. 62. RECONSTRUCTION AND STABILIZATION. 
‘‘(a) OFFICE OF THE COORDINATOR FOR RECONSTRUCTION AND 
STABILIZATION.— 
‘‘(1) ESTABLISHMENT.—There is established within the 
Department of State the Office of the Coordinator for 
Reconstruction and Stabilization. 
‘‘(2) COORDINATOR
FOR
RECONSTRUCTION
AND
STABILIZA-
TION.—The head of the Office shall be the Coordinator for 
Reconstruction and Stabilization, who shall be appointed by 
President. 
22 USC 2734. 
22 USC 2368. 
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122 STAT. 4655 
PUBLIC LAW 110–417—OCT. 14, 2008 
the President, by and with the advice and consent of the Senate. 
The Coordinator shall report directly to the Secretary. 
‘‘(3) FUNCTIONS.—The functions of the Office of the Coordi-
nator for Reconstruction and Stabilization shall include the 
following: 
‘‘(A) Monitoring, in coordination with relevant bureaus 
and offices of the Department of State and the United 
States Agency for International Development (USAID), 
political and economic instability worldwide to anticipate 
the need for mobilizing United States and international 
assistance for the reconstruction and stabilization of a 
country or region that is at risk of, in, or are in transition 
from, conflict or civil strife. 
‘‘(B) Assessing the various types of reconstruction and 
stabilization crises that could occur and cataloging and 
monitoring the non-military resources and capabilities of 
agencies (as such term is defined in section 1603 of the 
Reconstruction and Stabilization Civilian Management Act 
of 2008) that are available to address such crises. 
‘‘(C) Planning, in conjunction with USAID, to address 
requirements, 
such 
as 
demobilization, 
disarmament, 
rebuilding of civil society, policing, human rights moni-
toring, and public information, that commonly arise in 
reconstruction and stabilization crises. 
‘‘(D) Coordinating with relevant agencies to develop 
interagency contingency plans and procedures to mobilize 
and deploy civilian personnel and conduct reconstruction 
and stabilization operations to address the various types 
of such crises. 
‘‘(E) Entering into appropriate arrangements with 
agencies to carry out activities under this section and the 
Reconstruction and Stabilization Civilian Management Act 
of 2008. 
‘‘(F) Identifying personnel in State and local govern-
ments and in the private sector who are available to partici-
pate in the Civilian Reserve Corps established under sub-
section (b) or to otherwise participate in or contribute to 
reconstruction and stabilization activities. 
‘‘(G) Taking steps to ensure that training and education 
of civilian personnel to perform such reconstruction and 
stabilization activities is adequate and is carried out, as 
appropriate, with other agencies involved with stabilization 
operations. 
‘‘(H) Taking steps to ensure that plans for United 
States reconstruction and stabilization operations are 
coordinated with and complementary to reconstruction and 
stabilization activities of other governments and inter-
national and nongovernmental organizations, to improve 
effectiveness and avoid duplication. 
‘‘(I) Maintaining the capacity to field on short notice 
an evaluation team consisting of personnel from all relevant 
agencies to undertake on-site needs assessment. 
‘‘(b) RESPONSE READINESS CORPS.— 
‘‘(1) RESPONSE READINESS CORPS.—The Secretary, in con-
sultation with the Administrator of the United States Agency 
for International Development and the heads of other appro-
priate agencies of the United States Government, may establish 
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122 STAT. 4656 
PUBLIC LAW 110–417—OCT. 14, 2008 
and maintain a Response Readiness Corps (referred to in this 
section as the ‘Corps’) to provide assistance in support of 
reconstruction and stabilization operations in countries or 
regions that are at risk of, in, or are in transition from, conflict 
or civil strife. The Corps shall be composed of active and 
standby components consisting of United States Government 
personnel, including employees of the Department of State, 
the United States Agency for International Development, and 
other agencies who are recruited and trained (and employed 
in the case of the active component) to provide such assistance 
when deployed to do so by the Secretary to support the purposes 
of this Act. 
‘‘(2) CIVILIAN RESERVE CORPS.—The Secretary, in consulta-
tion with the Administrator of the United States Agency for 
International Development, may establish a Civilian Reserve 
Corps for which purpose the Secretary is authorized to employ 
and train individuals who have the skills necessary for carrying 
out reconstruction and stabilization activities, and who have 
volunteered for that purpose. The Secretary may deploy mem-
bers of the Civilian Reserve Corps pursuant to a determination 
by the President under section 618 of the Foreign Assistance 
Act of 1961. 
‘‘(3) MITIGATION OF DOMESTIC IMPACT.—The establishment 
and deployment of any Civilian Reserve Corps shall be under-
taken in a manner that will avoid substantively impairing 
the capacity and readiness of any State and local governments 
from which Civilian Reserve Corps personnel may be drawn. 
‘‘(c) EXISTING TRAINING AND EDUCATION PROGRAMS.—The Sec-
retary shall ensure that personnel of the Department, and, in 
coordination with the Administrator of USAID, that personnel of 
USAID, make use of the relevant existing training and education 
programs offered within the Government, such as those at the 
Center for Stabilization and Reconstruction Studies at the Naval 
Postgraduate School and the Interagency Training, Education, and 
After Action Review Program at the National Defense University.’’. 
SEC. 1606. AUTHORITIES RELATED TO PERSONNEL. 
(a) EXTENSION OF CERTAIN FOREIGN SERVICE BENEFITS.—The 
Secretary, or the head of any agency with respect to personnel 
of that agency, may extend to any individuals assigned, detailed, 
or deployed to carry out reconstruction and stabilization activities 
pursuant to section 62 of the State Department Basic Authorities 
Act of 1956 (as added by section 1605 of this title), the benefits 
or privileges set forth in sections 413, 704, and 901 of the Foreign 
Service Act of 1980 (22 U.S.C. 3973, 22 U.S.C. 4024, and 22 U.S.C. 
4081) to the same extent and manner that such benefits and privi-
leges are extended to members of the Foreign Service. 
(b) AUTHORITY REGARDING DETAILS.—The Secretary is author-
ized to accept details or assignments of any personnel, and any 
employee of a State or local government, on a reimbursable or 
nonreimbursable basis for the purpose of carrying out this title, 
and the head of any agency is authorized to detail or assign per-
sonnel of such agency on a reimbursable or nonreimbursable basis 
to the Department of State for purposes of section 62 of the State 
Department Basic Authorities Act of 1956, as added by section 
1605 of this title. 
22 USC 2734a. 
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122 STAT. 4657 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 1607. RECONSTRUCTION AND STABILIZATION STRATEGY. 
(a) IN GENERAL.—The Secretary of State, in consultation with 
the Administrator of the United States Agency for International 
Development, shall develop an interagency strategy to respond to 
reconstruction and stabilization operations. 
(b) CONTENTS.—The strategy required under subsection (a) 
shall include the following: 
(1) Identification of and efforts to improve the skills sets 
needed to respond to and support reconstruction and stabiliza-
tion operations in countries or regions that are at risk of, 
in, or are in transition from, conflict or civil strife. 
(2) Identification of specific agencies that can adequately 
satisfy the skills sets referred to in paragraph (1). 
(3) Efforts to increase training of Federal civilian personnel 
to carry out reconstruction and stabilization activities. 
(4) Efforts to develop a database of proven and best prac-
tices based on previous reconstruction and stabilization oper-
ations. 
(5) A plan to coordinate the activities of agencies involved 
in reconstruction and stabilization operations. 
SEC. 1608. ANNUAL REPORTS TO CONGRESS. 
Not later than 180 days after the date of the enactment of 
this Act and annually for each of the five years thereafter, the 
Secretary of State shall submit to the appropriate congressional 
committees a report on the implementation of this title. The report 
shall include detailed information on the following: 
(1) Any steps taken to establish a Response Readiness 
Corps and a Civilian Reserve Corps, pursuant to section 62 
of the State Department Basic Authorities Act of 1956 (as 
added by section 1605 of this title). 
(2) The structure, operations, and cost of the Response 
Readiness Corps and the Civilian Reserve Corps, if established. 
(3) How the Response Readiness Corps and the Civilian 
Reserve Corps coordinate, interact, and work with other United 
States foreign assistance programs. 
(4) An assessment of the impact that deployment of the 
Civilian Reserve Corps, if any, has had on the capacity and 
readiness of any domestic agencies or State and local govern-
ments from which Civilian Reserve Corps personnel are drawn. 
(5) The reconstruction and stabilization strategy required 
by section 1607 and any annual updates to that strategy. 
(6) Recommendations to improve implementation of sub-
section (b) of section 62 of the State Department Basic Authori-
ties Act of 1956, including measures to enhance the recruitment 
and retention of an effective Civilian Reserve Corps. 
(7) A description of anticipated costs associated with the 
development, annual sustainment, and deployment of the 
Civilian Reserve Corps. 
DIVISION B—MILITARY CONSTRUCTION 
AUTHORIZATIONS 
SEC. 2001. SHORT TITLE. 
This division may be cited as the ‘‘Military Construction 
Authorization Act for Fiscal Year 2009’’. 
Military 
Construction 
Authorization 
Act for Fiscal 
Year 2009. 
22 USC 2368 
note. 
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122 STAT. 4658 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 
2002. 
EXPIRATION 
OF 
AUTHORIZATIONS 
AND 
AMOUNTS 
REQUIRED TO BE SPECIFIED BY LAW. 
(a) EXPIRATION
OF AUTHORIZATIONS AFTER THREE YEARS.— 
Except as provided in subsection (b), all authorizations contained 
in titles XXI through XXVII and title XXIX for military construction 
projects, land acquisition, family housing projects and facilities, 
and contributions to the North Atlantic Treaty Organization Secu-
rity Investment Program (and authorizations of appropriations 
therefor) shall expire on the later of— 
(1) October 1, 2011; or 
(2) the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2012. 
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 
for military construction projects, land acquisition, family housing 
projects and facilities, and contributions to the North Atlantic 
Treaty Organization Security Investment Program (and authoriza-
tions of appropriations therefor), for which appropriated funds have 
been obligated before the later of— 
(1) October 1, 2011; or 
(2) the date of the enactment of an Act authorizing funds 
for fiscal year 2012 for military construction projects, land 
acquisition, family housing projects and facilities, or contribu-
tions to the North Atlantic Treaty Organization Security Invest-
ment Program. 
SEC. 2003. EFFECTIVE DATE. 
Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and XXIX 
shall take effect on the later of— 
(1) October 1, 2008; or 
(2) the date of the enactment of this Act. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
Sec. 2105. Modification of authority to carry out certain fiscal year 2008 projects. 
Sec. 2106. Modification of authority to carry out certain fiscal year 2007 projects. 
Sec. 2107. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2108. Extension of authorization of certain fiscal year 2005 project. 
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(1), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table: 
10 USC 2687 
note. 
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122 STAT. 4659 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Alabama ............................
Anniston Army Depot .........................................................
$46,400,000 
Fort Rucker .........................................................................
$6,800,000 
Redstone Arsenal ................................................................
$16,500,000 
Alaska ...............................
Fort Richardson ..................................................................
$18,100,000 
Fort Wainwright .................................................................
$110,400,000 
Arizona .............................
Fort Huachuca ....................................................................
$13,200,000 
Yuma Proving Ground ........................................................
$3,800,000 
California ..........................
Fort Irwin ............................................................................
$39,600,000 
Presidio, Monterey ..............................................................
$15,000,000 
Sierra Army Depot ..............................................................
$12,400,000 
Colorado ............................
Fort Carson .........................................................................
$534,000,000 
Georgia .............................
Fort Benning .......................................................................
$267,800,000 
Fort Stewart/Hunter Army Air Field ................................
$432,300,000 
Hawaii ..............................
Pohakuloa Training Area ...................................................
$30,000,000 
Schofield Barracks ..............................................................
$279,000,000 
Wahiawa ..............................................................................
$40,000,000 
Indiana .............................
Crane Army Ammunition Activity ....................................
$8,300,000 
Kansas ..............................
Fort Leavenworth ...............................................................
$4,200,000 
Fort Riley .............................................................................
$158,000,000 
Kentucky ..........................
Fort Campbell .....................................................................
$118,113,000 
Louisiana ..........................
Fort Polk ..............................................................................
$29,000,000 
Michigan ...........................
Detroit Arsenal ...................................................................
$6,100,000 
Missouri ............................
Fort Leonard Wood .............................................................
$42,550,000 
New Jersey .......................
Picatinny Arsenal ...............................................................
$9,900,000 
New York ..........................
Fort Drum ...........................................................................
$96,900,000 
United States Military Academy .......................................
$67,000,000 
North Carolina .................
Fort Bragg ...........................................................................
$58,400,000 
Oklahoma .........................
Fort Sill ................................................................................
$63,000,000 
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122 STAT. 4660 
PUBLIC LAW 110–417—OCT. 14, 2008 
McAlester Army Ammunition Plant ..................................
$5,800,000 
Pennsylvania ....................
Carlisle Barracks ................................................................
$13,400,000 
Letterkenny Army Depot ...................................................
$7,500,000 
Tobyhanna Army Depot .....................................................
$15,000,000 
South Carolina .................
Fort Jackson ........................................................................
$30,000,000 
Texas .................................
Camp Bullis .........................................................................
$4,200,000 
Corpus Christi Army Depot ...............................................
$39,000,000 
Fort Bliss .............................................................................
$1,044,300,000 
Fort Hood .............................................................................
$49,500,000 
Fort Sam Houston ..............................................................
$96,000,000 
Red River Army Depot .......................................................
$6,900,000 
Virginia .............................
Fort Belvoir .........................................................................
$7,200,000 
Fort Eustis ...........................................................................
$31,900,000 
Fort Lee ...............................................................................
$100,600,000 
Fort Myer ............................................................................
$14,000,000 
Washington ......................
Fort Lewis ...........................................................................
$158,000,000 
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122 STAT. 4661 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(2), the Secretary of the Army may acquire real property 
and carry out military construction projects for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following table: 
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122 STAT. 4662 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan ......................
Bagram Air Base ................................................................
$67,000,000 
Germany ...........................
Katterbach ...........................................................................
$19,000,000 
Wiesbaden Air Base ............................................................
$119,000,000 
Japan ................................
Camp Zama .........................................................................
$2,350,000 
Sagamihara .........................................................................
$17,500,000 
Korea ................................
Camp Humphreys ...............................................................
$20,000,000 
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122 STAT. 4663 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2102. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amounts set forth in the following table: 
Army: Family Housing 
Country 
Installation or Lo-
cation 
Units 
Amount 
Germany .................
Wiesbaden Air 
Base.
326 .............
$133,000,000 
Korea ......................
Camp Humphreys 
216 .............
$125,000,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2104(a)(5)(A), the Secretary of the Army may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $579,000. 
SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2104(a)(5)(A), the Secretary of the Army may 
improve existing military family housing units in an amount not 
to exceed $420,001,000. 
SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2008, for 
military construction, land acquisition, and military family housing 
functions of the Department of the Army in the total amount 
of $5,973,388,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2101(a), $4,010,063,000. 
(2) For military construction projects outside the United 
States authorized by section 2101(b), $185,350,000. 
(3) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$23,000,000. 
(4) For host nation support and architectural and 
engineering services and construction design under section 2807 
of title 10, United States Code, $178,685,000. 
(5) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $646,580,000. 
(B) For support of military family housing (including 
the functions described in section 2833 of title 10, United 
States Code), $716,110,000. 
(6) For the construction of increment 3 of a barracks com-
plex at Fort Lewis, Washington, authorized by section 2101(a) 
of the Military Construction Authorization Act for Fiscal Year 
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122 STAT. 4664 
PUBLIC LAW 110–417—OCT. 14, 2008 
2007 (division B of Public Law 109–364; 120 Stat. 2445), as 
amended by section 20814 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289), as added 
by section 2 of the Revised Continuing Resolution, 2007 (Public 
Law 110–5; 121 Stat 41), $102,000,000. 
(7) For the construction of increment 2 of the United States 
Southern Command Headquarters at Miami Doral, Florida, 
authorized by section 2101(a) of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110–181; 122 Stat. 504), $81,600,000. 
(8) For the construction of increment 2 of the brigade 
complex operations support facility at Vicenza, Italy, authorized 
by section 2101(b) of the Military Construction Authorization 
Act for Fiscal Year 2008 (division B of Public Law 110–181; 
122 Stat. 505), $15,000,000. 
(9) For the construction of increment 2 of the brigade 
complex barracks and community support facility at Vicenza, 
Italy, authorized by section 2101(b) of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110–181; 122 Stat. 505), $15,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed the sum of the following: 
(1) The total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
(2) $60,000,000 (the balance of the amount authorized 
under section 2101(a) for barracks and a dining facility at 
Fort Carson, Colorado). 
(3) $80,000,000 (the balance of the amount authorized 
under section 2101(a) for barracks and a dining facility at 
Fort Stewart, Georgia). 
(4) $59,500,000 (the balance of the amount authorized 
under section 2101(b) for the construction of a headquarters 
element in Wiesbaden, Germany). 
(5) $101,000,000 (the balance of the amount authorized 
under section 2102(a) for family housing at Wiesbaden, Ger-
many). 
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2008 PROJECTS. 
(a) INSIDE THE UNITED STATES PROJECTS.—The table in section 
2101(a) of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110–181; 122 Stat. 504) is 
amended— 
(1) in the item relating to Hawthorne Army Ammunition 
Plant, Nevada, by striking ‘‘$11,800,000’’ in the amount column 
and inserting ‘‘$7,300,000’’; 
(2) in the item relating to Fort Drum, New York, by striking 
‘‘$311,200,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$304,600,000’’; and 
(3) in the item relating to Fort Bliss, Texas, by striking 
‘‘$118,400,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$111,900,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2104(a) of that Act 
(122 Stat. 506) is amended— 
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122 STAT. 4665 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) in the matter preceding paragraph (1), by striking 
‘‘$5,106,703,000’’ and inserting ‘‘$5,089,103,000’’; and 
(2) in paragraph (1), by striking ‘‘$3,198,150,000’’ and 
inserting ‘‘$3,180,550,000’’. 
SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2007 PROJECTS. 
(a) INSIDE THE UNITED STATES PROJECTS.—The table in section 
2101(a) of the Military Construction Authorization Act for Fiscal 
Year 2007 (division B of Public Law 109–364; 120 Stat. 2445), 
as amended by section 20814 of the Continuing Appropriations 
Resolution, 2007 (division B of Public Law 109–289) and section 
2105(a) of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110–181; 122 Stat. 507), 
is further amended in the item relating to Fort Bragg, North 
Carolina, by striking ‘‘$96,900,000’’ in the amount column and 
inserting ‘‘$75,900,000’’. 
(b) OUTSIDE THE UNITED STATES PROJECTS.—The table in sec-
tion 2101(b) of the Military Construction Authorization Act for 
Fiscal Year 2007 (division B of Public Law 109–364; 120 Stat. 
2446), as amended by section 2106(a) of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public Law 
110–181; 122 Stat. 508), is further amended in the item relating 
to Vicenza, Italy, by striking ‘‘$223,000,000’’ in the amount column 
and inserting ‘‘$208,280,000’’. 
(c) CONFORMING AMENDMENTS.—Section 2104(a) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2447), as amended by section 
2105(b) of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110–181; 122 Stat. 508), 
is further amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘$3,275,700,000’’ and inserting ‘‘$3,239,980,000’’; 
(2) in paragraph (1), by striking ‘‘$1,119,450,000’’ and 
inserting ‘‘$1,098,450,000’’; and 
(3) in paragraph (2), by striking ‘‘$510,582,00’’ and inserting 
‘‘$495,862,000’’. 
SEC. 2107. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2006 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), the authorizations set 
forth in the table in subsection (b), as provided in section 2101 
of that Act (119 Stat. 3485), shall remain in effect until October 
1, 2009, or the date of the enactment of an Act authorizing funds 
for military construction for fiscal year 2010, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
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122 STAT. 4666 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army: Extension of 2006 Project Authorizations 
State 
Installation or Loca-
tion 
Project 
Amount 
Hawaii ......................
Pohakuloa ................
Tactical Vehicle Wash Facility ..................
$9,207,000 
Battle Area Complex ..................................
$33,660,000 
Virginia ....................
Fort Belvoir .............
Defense Access Road ..................................
$18,000,000 
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122 STAT. 4667 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2108. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2005 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108–375; 118 Stat. 2116), the authorization set forth 
in the table in subsection (b), as provided in section 2101 of that 
Act (118 Stat. 2101) and extended by section 2108 of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110–181; 122 Stat. 508), shall remain in effect until 
October 1, 2009, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2010, whichever is 
later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
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122 STAT. 4668 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army: Extension of 2005 Project Authorization 
State 
Installation or Loca-
tion 
Project 
Amount 
Hawaii ......................
Schofield Barracks ..
Training Facility ........................................
$35,542,000 
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122 STAT. 4669 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
Sec. 2205. Modification of authority to carry out certain fiscal year 2005 project. 
Sec. 2206. Modification of authority to carry out certain fiscal year 2007 projects. 
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(1), 
the Secretary of the Navy may acquire real property and carry 
out military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table: 
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122 STAT. 4670 
PUBLIC LAW 110–417—OCT. 14, 2008 
Inside the United States 
State 
Installation or Location 
Amount 
Arizona .............................
Marine Corps Air Station, Yuma .......................................
$19,490,000 
California ..........................
Marine Corps Logistics Base, Barstow .............................
$7,830,000 
Marine Corps Base, Camp Pendleton ...............................
$799,870,000 
Naval Air Facility, El Centro .............................................
$8,900,000 
Marine Corps Air Station, Miramar ..................................
$48,770,000 
Naval Post Graduate School, Monterey ............................
$9,900,000 
Naval Air Station, North Island ........................................
$60,152,000 
Naval Facility, San Clemente Island ................................
$34,020,000 
Marine Corps Recruit Depot, San Diego ...........................
$51,220,000 
Marine Corps Base, Twentynine Palms ............................
$155,310,000 
Connecticut .......................
Naval Submarine Base, Groton .........................................
$46,060,000 
Naval Submarine Base, New London ...............................
$11,000,000 
District of Columbia ........
Naval Support Activity, Washington ................................
$24,220,000 
Florida ..............................
Naval Air Station, Jacksonville .........................................
$12,890,000 
Naval Station, Mayport ......................................................
$18,280,000 
Naval Support Activity, Tampa .........................................
$29,000,000 
Georgia .............................
Marine Corps Logistics Base, Albany ...............................
$15,320,000 
Naval Submarine Base, Kings Bay ...................................
$6,130,000 
Hawaii ..............................
Pacific Missile Range, Barking Sands ...............................
$28,900,000 
Marine Corps Base, Kaneohe .............................................
$28,200,000 
Naval Station, Pearl Harbor ..............................................
$80,290,000 
Illinois ...............................
Recruit Training Command, Great Lakes ........................
$62,940,000 
Maine ................................
Portsmouth Naval Shipyard ..............................................
$30,640,000 
Maryland ..........................
Naval Surface Warfare Center, Carderock .......................
$6,980,000 
Naval Surface Warfare Center, Indian Head ...................
$25,980,000 
Mississippi ........................
Naval Construction Battalion Center, Gulfport ...............
$12,770,000 
Naval Air Station, Meridian ..............................................
$6,340,000 
New Jersey .......................
Naval Air Warfare Center, Lakehurst ..............................
$15,440,000 
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122 STAT. 4671 
PUBLIC LAW 110–417—OCT. 14, 2008 
Inside the United States—Continued 
State 
Installation or Location 
Amount 
Naval Weapons Station, Earle ...........................................
$8,160,000 
North Carolina .................
Marine Corps Base, Camp Lejeune ...................................
$353,090,000 
Marine Corps Air Station, Cherry Point ...........................
$77,420,000 
Marine Corps Air Station, New River ...............................
$86,280,000 
Pennsylvania ....................
Naval Support Activity, Philadelphia ...............................
$22,020,000 
Rhode Island ....................
Naval Station, Newport ......................................................
$39,800,000 
South Carolina .................
Marine Corps Air Station, Beaufort ..................................
$5,940,000 
Marine Corps Recruit Depot, Parris Island ......................
$64,750,000 
Texas .................................
Naval Air Station, Corpus Christi .....................................
$3,500,000 
Naval Air Station, Kingsville .............................................
$11,580,000 
Virginia .............................
Naval Station, Norfolk .......................................................
$73,280,000 
Marine Corps Base, Quantico ............................................
$150,290,000 
Washington ......................
Naval Base, Kitsap .............................................................
$5,110,000 
Naval Air Station Whidbey Island ....................................
$6,160,000 
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122 STAT. 4672 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2204(2), 
the Secretary of the Navy may acquire real property and carry 
out military construction projects for the installation or location 
outside the United States, and in the amounts, set forth in the 
following table: 
Navy: Outside the United States 
Country 
Installation or Location 
Amount 
Cuba .....................
Naval Air Station, Guantanamo 
Bay.
$20,600,000 
Diego Garcia ........
Diego Garcia .....................................
$35,060,000 
Djibouti ................
Camp Lemonier ...............................
$31,410,000 
Guam ...................
Naval Activities, Guam ...................
$88,430,000 
(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 
pursuant to the authorization of appropriations in section 2204(3), 
the Secretary of the Navy may acquire real property and carry 
out military construction projects for unspecified installations or 
locations in the amounts set forth in the following table: 
Navy: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Worldwide Unspec-
ified.
Unspecified Worldwide ..................
$101,020,000 
SEC. 2202. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2204(6)(A), the Secretary of the Navy may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amount set forth in the following table: 
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122 STAT. 4673 
PUBLIC LAW 110–417—OCT. 14, 2008 
Navy: Family Housing 
Location 
Installation or Location 
Units 
Amount 
Guantanamo Bay .................
Naval Air Station, Guanta-
namo Bay.
146 .......................................
$59,943,000 
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122 STAT. 4674 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2204(6)(A), the Secretary of the Navy may carry out architectural 
and engineering services and construction design activities with 
respect to the construction or improvement of family housing units 
in an amount not to exceed $2,169,000. 
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2204(6)(A), the Secretary of the Navy may 
improve existing military family housing units in an amount not 
to exceed $318,011,000. 
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for military construction, land 
acquisition, and military family housing functions of the Depart-
ment of the Navy in the total amount of $4,046,354,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2201(a), $2,564,312,000. 
(2) For military construction projects outside the United 
States authorized by section 2201(b), $175,500,000. 
(3) For military construction projects at unspecified world-
wide locations authorized by section 2201(c), $101,020,000. 
(4) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$13,670,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$246,528,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $380,123,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $376,062,000. 
(7) For the construction of increment 2 of the wharf exten-
sion at Naval Forces Marianas Islands, Guam, authorized by 
section 2201(b) of the Military Construction Authorization Act 
for Fiscal Year 2008 (division B of Public Law 110–181; 122 
Stat. 510), $50,912,000. 
(8) For the construction of increment 2 of the submarine 
drive-in magnetic silencing facility at Naval Submarine Base, 
Pearl Harbor, Hawaii, authorized in section 2201(a) of the 
Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110–181; 122 Stat. 510), $41,088,000. 
(9) For the construction of increment 3 of the National 
Maritime Intelligence Center, Suitland, Maryland, authorized 
by section 2201(a) of the Military Construction Authorization 
Act for Fiscal Year 2007 (division B of Public Law 109–364; 
120 Stat. 2448), $12,439,000. 
(10) For the construction of increment 2 of hangar 5 
recapitalizations at Naval Air Station, Whidbey Island, Wash-
ington, authorized by section 2201(a) of the Military Construc-
tion Authorization Act of Fiscal Year 2007 (division B of Public 
Law 109–364; 120 Stat. 2448), $34,000,000. 
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122 STAT. 4675 
PUBLIC LAW 110–417—OCT. 14, 2008 
(11) For the construction of increment 5 of the limited 
area production and storage complex at Naval Submarine Base, 
Kitsap, Bangor, Washington (formerly referred to as a project 
at the Strategic Weapons Facility Pacific, Bangor), authorized 
by section 2201(a) of the Military Construction Authorization 
Act of Fiscal Year 2005 (division B of Public Law 108–375; 
118 Stat. 2106), as amended by section 2206 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division 
B of Public law 109–163; 119 Stat. 3493) and section 2206 
of the Military Construction Authorization Act for Fiscal Year 
2008 (division B of Public Law 110–181; 122 Stat. 514) 
$50,700,000. 
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2005 PROJECT. 
The table in section 2201(a) of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public Law 
108–375; 118 Stat. 2105), as amended by section 2206 of the Mili-
tary Construction Authorization Act for Fiscal Year 2006 (division 
B of Public Law 109–163; 119 Stat. 3493) and section 2206 of 
the Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110–181; 122 Stat. 514), is further 
amended— 
(1) in the item relating to Strategic Weapons Facility 
Pacific, Bangor, Washington, by striking ‘‘$295,000,000’’ in the 
amount column and inserting ‘‘$311,670,000’’; and 
(2) by striking the amount identified as the total in the 
amount column and inserting ‘‘$1,084,497,000’’. 
SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2007 PROJECTS. 
(a) MODIFICATIONS.—The table in section 2201(a) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2448), as amended by section 
2205(a)(17) of the Military Construction Authorization Act for Fiscal 
Year 2008 (division B of Public Law 110–181; 122 Stat. 513), 
is further amended— 
(1) in the item relating to NMIC/Naval Support Activity, 
Suitland, Maryland, by striking ‘‘$67,939,000’’ in the amount 
column and inserting ‘‘$76,288,000’’; and 
(2) in the item relating to Naval Air Station, Whidbey 
Island, Washington, by striking ‘‘$57,653,000’’ in the amount 
column and inserting ‘‘$60,500,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2204(b) of the Military 
Construction Authorization Act for Fiscal Year 2007 (division B 
of Public Law 109–364; 120 Stat. 2452) is amended— 
(1) in paragraph (2), by striking ‘‘$56,159,000’’ and inserting 
‘‘$64,508,000’’; and 
(2) in paragraph (3), by striking ‘‘$31,153,000’’ and inserting 
‘‘$34,000,000’’. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
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122 STAT. 4676 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 2305. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2306. Extension of authorizations of certain fiscal year 2005 projects. 
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(1), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations inside the United States, and in the amounts, set forth 
in the following table: 
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122 STAT. 4677 
PUBLIC LAW 110–417—OCT. 14, 2008 
Air Force: Inside the United States 
State 
Installation or Location 
Amount 
Alabama ............................................
Maxwell Air Force Base .................................
$15,556,000 
Alaska ...............................................
Elmendorf Air Force Base ..............................
$138,300,000 
Arizona .............................................
Davis Monthan Air Force Base ......................
$15,000,000 
California ..........................................
Edwards Air Force Base .................................
$9,100,000 
Travis Air Force Base .....................................
$12,100,000 
Colorado ............................................
Peterson Air Force Base .................................
$4,900,000 
United States Air Force Academy .................
$18,000,000 
Delaware ...........................................
Dover Air Force Base ......................................
$19,000,000 
Florida ..............................................
Cape Canaveral Air Station ...........................
$8,000,000 
Eglin Air Force Base ......................................
$19,000,000 
MacDill Air Force Base ..................................
$26,000,000 
Tyndall Air Force Base ...................................
$11,600,000 
Georgia .............................................
Robins Air Force Base ....................................
$29,350,000 
Kansas ..............................................
McConnell Air Force Base ..............................
$6,800,000 
Louisiana ..........................................
Barksdale Air Force Base ..............................
$14,600,000 
Maryland ..........................................
Andrews Air Force Base .................................
$77,648,000 
Mississippi ........................................
Columbus Air Force Base ...............................
$8,100,000 
Keesler Air Force Base ...................................
$6,600,000 
Missouri ............................................
Whiteman Air Force Base ..............................
$4,200,000 
Montana ...........................................
Malmstrom Air Force Base ............................
$10,000,000 
Nevada ..............................................
Creech Air Force Base ....................................
$48,500,000 
Nellis Air Force Base ......................................
$63,100,000 
New Jersey .......................................
McGuire Air Force Base .................................
$7,200,000 
New Mexico .....................................
Holloman Air Force Base ...............................
$25,450,000 
North Carolina .................................
Seymour Johnson Air Force Base ..................
$12,200,000 
North Dakota ...................................
Grand Forks Air Force Base ..........................
$13,000,000 
Ohio ...................................................
Wright Patterson Air Force Base ..................
$14,000,000 
Oklahoma .........................................
Altus Air Force Base ......................................
10,200,000 
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122 STAT. 4678 
PUBLIC LAW 110–417—OCT. 14, 2008 
Tinker Air Force Base ....................................
$54,000,000 
South Carolina .................................
Charleston Air Force Base .............................
$4,500,000 
Shaw Air Force Base ......................................
$9,900,000 
South Dakota ...................................
Ellsworth Air Force Base ...............................
$11,000,000 
Texas .................................................
Dyess Air Force Base ......................................
$21,000,000 
Fort Hood .........................................................
$10,800,000 
Lackland Air Force Base ................................
$75,515,000 
Utah ..................................................
Hill Air Force Base .........................................
$41,400,000 
Washington ......................................
McChord Air Force Base ................................
$5,500,000 
Wyoming ...........................................
Francis E. Warren Air Force Base ................
$8,600,000 
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122 STAT. 4679 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 2304(2), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations outside the United States, and in the amounts, set forth 
in the following table: 
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122 STAT. 4680 
PUBLIC LAW 110–417—OCT. 14, 2008 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan ....................................
Bagram Airfield ..........................................................
$57,200,000 
Guam ..............................................
Andersen Air Force Base ............................................
$10,600,000 
Kyrgyzstan .....................................
Manas Air Base ...........................................................
$6,000,000 
United Kingdom .............................
Royal Air Force Lakenheath ......................................
$7,400,000 
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122 STAT. 4681 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 
pursuant to the authorization of appropriations in section 2304(3), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for unspecified installations 
or locations in the amounts set forth in the following table: 
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122 STAT. 4682 
PUBLIC LAW 110–417—OCT. 14, 2008 
Air Force: Unspecified Worldwide 
Location 
Installation or Location 
Amount 
Worldwide Unspecified ..................
Unspecified Worldwide Locations ..............................
$38,391,000 
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122 STAT. 4683 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2302. FAMILY HOUSING. 
(a) CONSTRUCTION AND ACQUISITION.—Using amounts appro-
priated pursuant to the authorization of appropriations in section 
2304(6)(A), the Secretary of the Air Force may construct or acquire 
family housing units (including land acquisition and supporting 
facilities) at the installations or locations, in the number of units, 
and in the amounts set forth in the following table: 
Air Force: Family Housing 
Country 
Installation or 
Location 
Purpose 
Amount 
United Kingdom ...
Royal Air Force Lakenheath 
182 Units ....
$71,828,000 
(b) PLANNING
AND
DESIGN.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2304(6)(A), the Secretary of the Air Force may carry out architec-
tural and engineering services and construction design activities 
with respect to the construction or improvement of family housing 
units in an amount not to exceed $7,708,000. 
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 
Subject to section 2825 of title 10, United States Code, and 
using amounts appropriated pursuant to the authorization of appro-
priations in section 2304(6)(A), the Secretary of the Air Force may 
improve existing military family housing units in an amount not 
to exceed $316,343,000. 
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for military construction, land 
acquisition, and military family housing functions of the Depart-
ment of the Air Force in the total amount of $2,108,090,000, as 
follows: 
(1) For military construction projects inside the United 
States authorized by section 2301(a), $889,719,000. 
(2) For military construction projects outside the United 
States authorized by section 2301(b), $81,200,000. 
(3) For the military construction projects at unspecified 
worldwide locations authorized by section 2301(c), $38,391,000. 
(4) For unspecified minor military construction projects 
authorized by section 2805 of title 10, United States Code, 
$15,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$93,436,000. 
(6) For military family housing functions: 
(A) For construction and acquisition, planning and 
design, and improvement of military family housing and 
facilities, $395,879,000. 
(B) For support of military family housing (including 
functions described in section 2833 of title 10, United States 
Code), $594,465,000. 
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122 STAT. 4684 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2006 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), authorizations set forth 
in the tables in subsection (b), as provided in section 2302 of 
that Act, shall remain in effect until October 1, 2009, or the date 
of the enactment of an Act authorizing funds for military construc-
tion for fiscal year 2010, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
Air Force: Extension of 2006 Project Authorizations 
State 
Installation or 
Location 
Project 
Amount 
Alaska ..........
Eielson Air Force 
Base .......................
Replace Family 
Housing (92 
units) .................
$37,650,000 
Purchase Build/ 
Lease Housing 
(300 units) ........
$18,144,000 
California .....
Edwards Air Force 
Base .......................
Replace Family 
Housing (226 
units) .................
$59,699,000 
Florida ..........
MacDill Air Force 
Base .......................
Replace Family 
Housing (109 
units) .................
$40,982,000 
Missouri .......
Whiteman Air Force 
Base .......................
Replace Family 
Housing (111 
units) .................
$26,917,000 
North Caro-
lina.
Seymour Johnson 
Air Force Base ......
Replace Family 
Housing (255 
units) .................
$48,868,000 
North Dakota Grand Forks Air 
Force Base ............
Replace Family 
Housing (150 
units) .................
$43,353,000 
SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2005 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108–375; 118 Stat. 2116), authorizations set forth 
in the table in subsection (b), as provided in sections 2301 and 
2302 of that Act and extended by section 2307 of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110–181; 122 Stat. 519), shall remain in effect until 
October 1, 2009, or the date of the enactment of an Act authorizing 
funds for military construction for fiscal year 2010, whichever is 
later. 
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122 STAT. 4685 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
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122 STAT. 4686 
PUBLIC LAW 110–417—OCT. 14, 2008 
Air Force: Extension of 2005 Project Authorizations 
State/Country 
Installation or Location 
Project 
Amount 
Arizona ...................
Davis-Monthan Air Force 
Base ..............................
Replace 
Family 
Housing 
(250 
units) ...........................................
$48,500,000 
California ...............
Vandenberg Air Force 
Base ..............................
Replace 
Family 
Housing 
(120 
units) ...........................................
$30,906,000 
Florida ....................
MacDill Air Force Base ...
Construct Housing Maintenance 
Facility .........................................
$1,250,000 
Missouri .................
Whiteman Air Force Base 
Replace 
Family 
Housing 
(160 
units) ...........................................
$37,087,000 
North Carolina ......
Seymour Johnson Air 
Force Base ....................
Replace 
Family 
Housing 
(167 
units) ...........................................
$32,693,000 
Germany ................
Ramstein Air Base ..........
USAFE Theater Aerospace Oper-
ations Support Center ................
$24,204,000 
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122 STAT. 4687 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE XXIV—DEFENSE AGENCIES 
Subtitle A—Defense Agency Authorizations 
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 
Sec. 2402. Energy conservation projects. 
Sec. 2403. Authorization of appropriations, Defense Agencies. 
Sec. 2404. Modification of authority to carry out certain fiscal year 2007 project. 
Sec. 2405. Modification of authority to carry out certain fiscal year 2005 projects. 
Sec. 2406. Extension of authorization of certain fiscal year 2006 project. 
Subtitle B—Chemical Demilitarization Authorizations 
Sec. 2411. Authorized chemical demilitarization program construction and land ac-
quisition projects. 
Sec. 2412. Authorization of appropriations, chemical demilitarization construction, 
defense-wide. 
Sec. 2413. Modification of authority to carry out certain fiscal year 1997 project. 
Sec. 2414. Modification of authority to carry out certain fiscal year 2000 project. 
Subtitle A—Defense Agency Authorizations 
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(a)(1), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following tables: 
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122 STAT. 4688 
PUBLIC LAW 110–417—OCT. 14, 2008 
Defense Education Activity 
State 
Installation or Location 
Amount 
Kentucky ................................
Fort Campbell .................................................................
$21,400,000 
North Carolina .......................
Fort Bragg .......................................................................
$78,471,000 
Defense Intelligence Agency 
State 
Installation or Location 
Amount 
Illinois .....................................
Scott Air Force Base .......................................................
$13,977,000 
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122 STAT. 4689 
PUBLIC LAW 110–417—OCT. 14, 2008 
Defense Logistics Agency 
State 
Installation or Location 
Amount 
California .......
Defense Distribution Depot, Tracy .......
$50,300,000 
Delaware ........
Defense Fuel Supply Center, Dover Air 
Force Base.
$3,373,000 
Florida ...........
Defense Fuel Support Point, Jackson-
ville.
$34,000,000 
Georgia ..........
Hunter Army Air Field .........................
$3,500,000 
Hawaii ...........
Pearl Harbor ..........................................
$27,700,000 
New Mexico ...
Kirtland Air Force Base ........................
$14,400,000 
Oklahoma ......
Altus Air Force Base .............................
$2,850,000 
Pennsylvania
Philadelphia ...........................................
$1,200,000 
Utah ...............
Hill Air Force Base ................................
$20,400,000 
Virginia ..........
Craney Island .........................................
$39,900,000 
National Security Agency 
State 
Installation or Location 
Amount 
Maryland ...............
Fort Meade .....................................
$31,000,000 
Special Operations Command 
State 
Installation or Location 
Amount 
California ...............
Naval Amphibious Base, Coro-
nado.
$9,800,000 
Florida ...................
Eglin Air Force Base .....................
$40,000,00 
Hurlburt Field ................................
$8,900,000 
MacDill Air Force Base .................
$10,500,000 
Kentucky ...............
Fort Campbell ................................
$15,000,000 
New Mexico ...........
Cannon Air Force Base .................
$26,400,000 
North Carolina ......
Fort Bragg ......................................
$38,250,000 
Virginia ..................
Fort Story .......................................
$11,600,000 
Washington ...........
Fort Lewis ......................................
$38,000,000 
TRICARE Management Activity 
State 
Installation or Location 
Amount 
Alaska ....................
Fort Richardson .............................
$6,300,000 
Colorado .................
Buckley Air Force Base .................
$3,000,000 
Georgia ..................
Fort Benning ..................................
$3,900,000 
Kentucky ...............
Fort Campbell ................................
$24,000,000 
Maryland ...............
Aberdeen Proving Ground .............
$430,000,000 
Missouri .................
Fort Leonard Wood ........................
$22,000,000 
Oklahoma ..............
Tinker Air Force Base ...................
$65,000,000 
Texas ......................
Fort Sam Houston .........................
$13,000,000 
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122 STAT. 4690 
PUBLIC LAW 110–417—OCT. 14, 2008 
Washington Headquarters Services 
State 
Installation or Location 
Amount 
Virginia ..................
Pentagon Reservation ....................
$38,940,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in section 
2403(a)(2), the Secretary of Defense may acquire real property 
and carry out military construction projects for the installations 
or locations outside the United States, and in the amounts, set 
forth in the following tables: 
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122 STAT. 4691 
PUBLIC LAW 110–417—OCT. 14, 2008 
Defense Logistics Agency 
Country 
Installation or Location 
Amount 
Germany ..........................................
Germersheim ..............................................................
$48,000,000 
Greece ..............................................
Souda Bay ...................................................................
$8,000,000 
Missile Defense Command 
Country 
Installation or Location 
Amount 
Czech Republic ................................
Various Locations .....................................................
$176,100,000 
Poland ..............................................
Various Locations .....................................................
$661,380,000 
Special Operations Command 
Country 
Installation or Location 
Amount 
Qatar ...............................................
Al Udeid ......................................................................
$9,200,000 
TRICARE Management Activity 
Country 
Installation or Location 
Amount 
Guam ...............................................
Naval Activities ..........................................................
$30,000,000 
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122 STAT. 4692 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2402. ENERGY CONSERVATION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2403(a)(6), the Secretary of Defense may 
carry out energy conservation projects under chapter 173 of title 
10, United States Code, in the amount of $90,000,000. 
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 
(a) IN GENERAL.—Funds are hereby authorized to be appro-
priated for fiscal years beginning after September 30, 2008, for 
military construction, land acquisition, and military family housing 
functions of the Department of Defense (other than the military 
departments) in the total amount of $1,639,050,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2401(a), $740,811,000. 
(2) For military construction projects outside the United 
States authorized by section 2401(b), $246,360,000. 
(3) For unspecified minor military construction projects 
under section 2805 of title 10, United States Code, $28,853,000. 
(4) For contingency construction projects of the Secretary 
of Defense under section 2804 of title 10, United States Code, 
$5,000,000. 
(5) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$133,225,000. 
(6) For energy conservation projects authorized by section 
2402 of this Act, $90,000,000. 
(7) For support of military family housing, including func-
tions described in section 2833 of title 10, United States Code, 
and credits to the Department of Defense Family Housing 
Improvement Fund under section 2883 of title 10, United States 
Code, and the Homeowners Assistance Fund established under 
section 1013 of the Demonstration Cities and Metropolitan 
Development Act of 1966 (42 U.S.C. 3374), $54,581,000. 
(8) For the construction of increment 4 of the regional 
security operations center at Augusta, Georgia, authorized by 
section 2401(a) of the Military Construction Authorization Act 
of Fiscal Year 2006 (division B of Public Law 109–163; 119 
Stat. 3497), as amended by section 7016 of the Emergency 
Supplemental Appropriation Act for Defense, the Global War 
on Terror, and Hurricane Recovery, 2006 (Public Law 109– 
234; 120 Stat. 485), $100,220,000. 
(9) For the construction of increment 2 of the Army Medical 
Research Institute of Infectious Diseases Stage 1 at Fort 
Detrick, Maryland, authorized by section 2401(a) of the Military 
Construction Authorization Act of Fiscal Year 2007 (division 
B of Public Law 109–364; 120 Stat. 2457), $209,000,000. 
(10) For the construction of increment 2 of the special 
operations forces operational facility at Dam Neck, Virginia, 
authorized by section 2401(a) of the Military Construction 
Authorization Act of Fiscal Year 2008 (division B of Public 
Law 110–181; 122 Stat. 521), $31,000,000. 
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 
Notwithstanding the cost variations authorized by section 2853 
of title 10, United States Code, and any other cost variation author-
ized by law, the total cost of all projects carried out under section 
2401 of this Act may not exceed the sum of the following: 
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122 STAT. 4693 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) The total amount authorized to be appropriated under 
paragraphs (1) and (2) of subsection (a). 
(2) $402,000,000 (the balance of the amount authorized 
for the TRICARE Management Activity under section 2401(a) 
for the construction of the United States Army Medical 
Research Institute of Infectious Diseases at Aberdeen Proving 
Ground, Maryland). 
(3) $618,780,000 (the balance of the amount authorized 
for the Missile Defense Command under section 2401(b) for 
the construction of the Ballistic Missile Defense, European 
Interceptor Site). 
(4) $67,540,000 (the balance of the amount authorized for 
the Missile Defense Command under section 2401(b) for the 
construction of the Ballistic Missile Defense, European Mid- 
Course Radar Site). 
SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2007 PROJECT. 
(a) MODIFICATION.—The table relating to the TRICARE 
Management Activity in section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 2007 (division B of Public Law 
109–364; 120 Stat. 2457) is amended in the item relating to Fort 
Detrick, Maryland, by striking ‘‘$550,000,000’’ in the amount column 
and inserting ‘‘$683,000,000’’. 
(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of that Act 
(120 Stat. 2461) is amended by striking ‘‘$521,000,000’’ and 
inserting ‘‘$654,000,000’’. 
SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2005 PROJECTS. 
(a) MODIFICATION.—The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108–375; 118 Stat. 2112) is amended— 
(1) by striking the item relating to Defense Fuel Support 
Point, Naval Air Station, Oceana, Virginia; and 
(2) by striking the amount identified as the total in the 
amount column and inserting ‘‘$485,193,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2404(a) of that Act 
(118 Stat. 2113) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘$1,055,663,000’’ and inserting ‘‘$1,052,074,000’’; and 
(2) in paragraph (1), by striking ‘‘$411,782,000’’ and 
inserting ‘‘$408,193,000’’. 
SEC. 2406. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2006 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), authorizations set forth 
in the tables in subsection (b), as provided in section 2401 of 
that Act, shall remain in effect until October 1, 2009, or the date 
of the enactment of an Act authorizing funds for military construc-
tion for fiscal year 2010, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
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122 STAT. 4694 
PUBLIC LAW 110–417—OCT. 14, 2008 
Defense Logistics Agency: Extension of 2006 Project Authorization 
Installation or Location 
Project 
Amount 
Defense Logistics Agency ...............
Defense Distribution Depot Susquehanna, New 
Cumberland, Pennsylvania.
$6,500,000 
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122 STAT. 4695 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle B—Chemical Demilitarization 
Authorizations 
SEC. 2411. AUTHORIZED CHEMICAL DEMILITARIZATION PROGRAM 
CONSTRUCTION AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2412(1), the Secretary of Defense may 
acquire real property and carry out military construction projects 
for the installations or locations inside the United States, and 
in the amounts, set forth in the following table: 
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122 STAT. 4696 
PUBLIC LAW 110–417—OCT. 14, 2008 
Chemical Demilitarization Program: Inside the United States 
Army 
Installation or Location 
Amount 
Army ................................................
Blue Grass Army Depot, Kentucky ..........................
$12,000,000 
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122 STAT. 4697 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2412. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILI-
TARIZATION CONSTRUCTION, DEFENSE-WIDE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for military construction and 
land acquisition for chemical demilitarization in the total amount 
of $144,278,000, as follows: 
(1) For military construction projects inside the United 
States authorized by section 2411(a), $12,000,000. 
(2) For the construction of phase 10 of a munitions demili-
tarization facility at Pueblo Chemical Activity, Colorado, 
authorized by section 2401(a) of the Military Construction 
Authorization Act for Fiscal Year 1997 (division B of Public 
Law 104–201; 110 Stat. 2775), as amended by section 2406 
of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106–65; 113 Stat. 839) and 
section 2407 of the Military Construction Authorization Act 
for Fiscal Year 2003 (division B of Public Law 107–314; 116 
Stat. 2698), $65,060,000. 
(3) For the construction of phase 9 of a munitions demili-
tarization facility at Blue Grass Army Depot, Kentucky, author-
ized by section 2401(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2000 (division B of Public Law 106– 
65; 113 Stat. 835), as amended by section 2405 of the Military 
Construction Authorization Act for Fiscal Year 2002 (division 
B of Public Law 107–107; 115 Stat. 1298) and section 2405 
of the Military Construction Authorization Act for Fiscal Year 
2003 (division B of Public Law 107–314; 116 Stat. 2698), 
$67,218,000. 
SEC. 2413. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 1997 PROJECT. 
(a) MODIFICATIONS.—The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 1997 (division B 
of Public Law 104–201; 110 Stat. 2775), as amended by section 
2406 of the Military Construction Authorization Act for Fiscal Year 
2000 (division B of Public Law 106–65; 113 Stat. 839) and section 
2407 of the Military Construction Authorization Act for Fiscal Year 
2003 (division B of Public Law 107–314; 116 Stat. 2699), is 
amended— 
(1) under the agency heading relating to the Chemical 
Demilitarization Program, in the item relating to Pueblo Army 
Depot, Colorado, by striking ‘‘$261,000,000’’ in the amount 
column and inserting ‘‘$484,000,000’’; and 
(2) by striking the amount identified as the total in the 
amount column and inserting ‘‘$830,454,000’’. 
(b) CONFORMING AMENDMENT.—Section 2406(b)(2) of the Mili-
tary Construction Authorization Act for Fiscal Year 1997 (110 Stat. 
2779), as so amended, is further amended by striking ‘‘$261,000,000’’ 
and inserting ‘‘$484,000,000’’. 
SEC. 2414. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2000 PROJECT. 
(a) MODIFICATIONS.—The table in section 2401(a) of the Military 
Construction Authorization Act for Fiscal Year 2000 (division B 
of Public Law 106–65; 113 Stat. 835), as amended by section 2405 
of the Military Construction Authorization Act for Fiscal Year 2002 
(division B of Public Law 107–107; 115 Stat. 1298) and section 
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122 STAT. 4698 
PUBLIC LAW 110–417—OCT. 14, 2008 
2405 of the Military Construction Authorization Act for Fiscal Year 
2003 (division B of Public Law 107–314; 116 Stat. 2698), is 
amended— 
(1) under the agency heading relating to Chemical Demili-
tarization, in the item relating to Blue Grass Army Depot, 
Kentucky, by striking ‘‘$290,325,000’’ in the amount column 
and inserting ‘‘$492,000,000’’; and 
(2) by striking the amount identified as the total in the 
amount column and inserting ‘‘$949,920,000’’. 
(b) CONFORMING AMENDMENT.—Section 2405(b)(3) of the Mili-
tary Construction Authorization Act for Fiscal Year 2000 (division 
B of Public Law 106–65; 113 Stat. 839), as amended by section 
2405 of the Military Construction Authorization Act for Fiscal Year 
2002 (division B of Public Law 107–107; 115 Stat. 1298) and section 
2405 of the Military Construction Authorization Act for Fiscal Year 
2003 (division B of Public Law 107–314; 116 Stat. 2698), is further 
amended by striking ‘‘$267,525,000’’ and inserting ‘‘$469,200,000’’. 
TITLE XXV—NORTH ATLANTIC TREATY 
ORGANIZATION 
SECURITY 
INVEST-
MENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
The Secretary of Defense may make contributions for the North 
Atlantic Treaty Organization Security Investment Program as pro-
vided in section 2806 of title 10, United States Code, in an amount 
not to exceed the sum of the amount authorized to be appropriated 
for this purpose in section 2502 and the amount collected from 
the North Atlantic Treaty Organization as a result of construction 
previously financed by the United States. 
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for contributions by the Sec-
retary of Defense under section 2806 of title 10, United States 
Code, for the share of the United States of the cost of projects 
for the North Atlantic Treaty Organization Security Investment 
Program authorized by section 2501, in the amount of $230,867,000. 
TITLE XXVI—GUARD AND RESERVE 
FORCES FACILITIES 
Sec. 2601. Authorized Army National Guard construction and land acquisition 
projects. 
Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 
land acquisition projects. 
Sec. 2604. Authorized Air National Guard construction and land acquisition 
projects. 
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 
Sec. 2606. Authorization of appropriations, National Guard and Reserve. 
Sec. 2607. Modification of authority to carry out certain fiscal year 2008 project. 
Sec. 2608. Extension of authorizations of certain fiscal year 2006 projects. 
Sec. 2609. Extension of Authorization of certain fiscal year 2005 project. 
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122 STAT. 4699 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(A), the Secretary of the Army 
may acquire real property and carry out military construction 
projects for the Army National Guard locations, and in the amounts, 
set forth in the following table: 
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122 STAT. 4700 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army National Guard 
State 
Location 
Amount 
Alabama ..........................................
Fort McClellan ..........................................................
$3,000,000 
Alaska .............................................
Bethel Armory ..........................................................
$16,000,000 
Arizona ...........................................
Camp Navajo ............................................................
$13,000,000 
Florence .....................................................................
$13,800,000 
Papago Military Reservation ...................................
$24,000,000 
Arkansas .........................................
Cabot .........................................................................
$10,868,000 
Colorado ..........................................
Denver .......................................................................
$9,000,000 
Grand Junction .........................................................
$9,000,000 
Connecticut .....................................
Camp Rell .................................................................
$28,000,000 
East Haven ...............................................................
$13,800,000 
Delaware .........................................
New Castle ................................................................
$28,000,000 
Florida ............................................
Camp Blanding .........................................................
$33,307,000 
Georgia ...........................................
Dobbins Air Reserve Base .......................................
$45,000,000 
Idaho ...............................................
Orchard Training Area ............................................
$1,850,000 
Illinois .............................................
Urbana Armory .........................................................
$16,186,000 
Indiana ...........................................
Camp Atterbury ........................................................
$5,800,000 
Lawrence ...................................................................
$21,000,000 
Muscatatuck ..............................................................
$6,000,000 
Iowa ................................................
Camp Dodge ..............................................................
$1,500,000 
Davenport ..................................................................
$1,550,000 
Mount Pleasant ........................................................
$1,500,000 
Kentucky ........................................
London .......................................................................
$7,191,000 
Maine ..............................................
Bangor .......................................................................
$20,000,000 
Maryland ........................................
Edgewood ..................................................................
$28,000,000 
Salisbury ...................................................................
$9,800,000 
Massachusetts ................................
Methuen ....................................................................
$21,000,000 
Michigan .........................................
Camp Grayling .........................................................
$22,943,000 
Minnesota .......................................
Arden Hills ................................................................
$15,000,000 
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122 STAT. 4701 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army National Guard—Continued 
State 
Location 
Amount 
Nevada ............................................
Elko ............................................................................
$11,375,000 
New York ........................................
Fort Drum .................................................................
$11,000,000 
Queensbury ...............................................................
$5,900,000 
Ohio .................................................
Camp Perry ...............................................................
$2,000,000 
Ravenna .....................................................................
$2,000,000 
Pennsylvania ..................................
Honesdale ..................................................................
$6,117,000 
Rhode Island ..................................
North Kingstown ......................................................
$5,000,000 
South Carolina ...............................
Anderson ...................................................................
$12,000,000 
Beaufort .....................................................................
$3,400,000 
Eastover ....................................................................
$28,000,000 
Hemingway ...............................................................
$4,600,000 
South Dakota .................................
Camp Rapid ..............................................................
$14,463,000 
Rapid City .................................................................
$29,000,000 
Tennessee .......................................
Tullahoma .................................................................
$10,372,000 
Utah ................................................
Camp Williams .........................................................
$17,500,000 
Vermont ..........................................
Ethan Allen Firing Range .......................................
$10,200,000 
Virginia ...........................................
Arlington ...................................................................
$15,500,000 
Fort Pickett ...............................................................
$2,950,000 
Washington ....................................
Fort Lewis (Gray Army Airfield) .............................
$32,000,000 
West Virginia .................................
Camp Dawson ...........................................................
$9,000,000 
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122 STAT. 4702 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(1)(B), the Secretary of the Army 
may acquire real property and carry out military construction 
projects for the Army Reserve locations, and in the amounts, set 
forth in the following table: 
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122 STAT. 4703 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army Reserve 
State 
Location 
Amount 
California ........................................
Fort Hunter Liggett ....................................................
$3,950,000 
Hawaii 
Fort Shafter .................................................................
$19,199,000 
Idaho ...............................................
Hayden Lake ...............................................................
$9,580,000 
Kansas ............................................
Dodge City ...................................................................
$8,100,000 
Maryland ........................................
Baltimore .....................................................................
$11,600,000 
Massachusetts ................................
Fort Devens .................................................................
$1,900,000 
Michigan .........................................
Saginaw .......................................................................
$11,500,000 
Missouri ..........................................
Weldon Springs ...........................................................
$11,700,000 
Nevada ............................................
Las Vegas ....................................................................
$33,900,000 
New Jersey .....................................
Fort Dix .......................................................................
$3,825,000 
New York ........................................
Kingston ......................................................................
$13,494,000 
Shoreham .....................................................................
$15,031,000 
Staten Island ...............................................................
$18,550,000 
North Carolina ...............................
Raleigh .........................................................................
$25,581,000 
Pennsylvania ..................................
Letterkenny Army Depot ...........................................
$14,914,000 
Tennessee .......................................
Chattanooga ................................................................
$10,600,000 
Texas ...............................................
Sinton ...........................................................................
$9,700,000 
Washington ....................................
Seattle ..........................................................................
$37,500,000 
Wisconsin ........................................
Fort McCoy ..................................................................
$4,000,000 
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122 STAT. 4704 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 
CONSTRUCTION AND LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(2), the Secretary of the Navy may 
acquire real property and carry out military construction projects 
for the Navy Reserve and Marine Corps Reserve locations, and 
in the amounts, set forth in the following table: 
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122 STAT. 4705 
PUBLIC LAW 110–417—OCT. 14, 2008 
Navy Reserve and Marine Corps Reserve 
State 
Location 
Amount 
California ........................................
Lemoore .....................................................................
$15,420,000 
Delaware .........................................
Wilmington ................................................................
$11,530,000 
Georgia ...........................................
Marietta ....................................................................
$7,560,000 
Virginia ...........................................
Norfolk .......................................................................
$8,170,000 
Williamsburg .............................................................
$12,320,000 
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122 STAT. 4706 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(A), the Secretary of the Air Force 
may acquire real property and carry out military construction 
projects for the Air National Guard locations, and in the amounts, 
set forth in the following table: 
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122 STAT. 4707 
PUBLIC LAW 110–417—OCT. 14, 2008 
Air National Guard 
State 
Location 
Amount 
Arkansas .........................................
Little Rock Air Force Base ......................................
$4,000,000 
Colorado ..........................................
Buckley Air Force Base ............................................
$4,200,000 
Connecticut .....................................
Bradley International Airport .................................
$7,200,000 
Delaware .........................................
New Castle County Airport .....................................
$14,800,000 
Georgia ...........................................
Savannah Combat Readiness Training Center ......
$7,500,000 
Indiana ...........................................
Fort Wayne International Airport ..........................
$5,600,000 
Iowa ................................................
Fort Dodge ................................................................
$5,600,000 
Kansas ............................................
Smoky Hill Air National Guard Range ..................
$7,100,000 
Maryland ........................................
Martin State Airport ................................................
$7,900,000 
Massachusetts ................................
Otis Air National Guard Base .................................
$14,300,000 
Minnesota .......................................
Duluth 148th Fighter Wing Base ............................
$4,500,000 
Minneapolis-St. Paul ................................................
$1,500,000 
Mississippi ......................................
Gulfport-Biloxi International Airport .....................
$3,400,000 
New Jersey .....................................
Atlantic City International Airport .........................
$8,400,000 
New York ........................................
Gabreski Airport, Westhampton .............................
$7,500,000 
Hancock Field ...........................................................
$10,400,000 
Ohio .................................................
Springfield Air National Guard Base .....................
$12,800,000 
Rhode Island ..................................
Quonset State Airport ..............................................
$7,700,000 
South Dakota .................................
Joe Foss Field ...........................................................
$4,500,000 
Tennessee .......................................
Knoxville ...................................................................
$8,000,000 
Texas ...............................................
Ellington Field ..........................................................
$7,600,000 
Fort Worth Naval Air Station Joint Reserve Base 
$5,000,000 
Vermont ..........................................
Burlington International Airport ............................
$6,600,000 
Washington ....................................
McChord Air Force Base ..........................................
$8,600,000 
West Virginia .................................
Yeager Airport, Charleston ......................................
$27,000,000 
Wisconsin ........................................
Truax Field ...............................................................
$6,300,000 
Wyoming .........................................
Cheyenne Municipal Airport ...................................
$7,000,000 
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122 STAT. 4708 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2606(3)(B), the Secretary of the Air Force 
may acquire real property and carry out military construction 
projects for the Air Force Reserve locations, and in the amounts, 
set forth in the following table: 
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122 STAT. 4709 
PUBLIC LAW 110–417—OCT. 14, 2008 
Air Force Reserve 
State 
Location 
Amount 
Georgia ...........................................
Dobbins Air Reserve Base ..........................................
$6,450,000 
Oklahoma .......................................
Tinker Air Force Base ................................................
$9,900,000 
New York ........................................
Niagara Falls Air Reserve Station ............................
$9,000,000 
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122 STAT. 4710 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 
AND RESERVE. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for the costs of acquisition, 
architectural and engineering services, and construction of facilities 
for the Guard and Reserve Forces, and for contributions therefor, 
under chapter 1803 of title 10, United States Code (including the 
cost of acquisition of land for those facilities), in the following 
amounts: 
(1) For the Department of the Army— 
(A) for the Army National Guard of the United States, 
$736,317,000; and 
(B) for the Army Reserve, $282,607,000. 
(2) For the Department of the Navy, for the Navy and 
Marine Corps Reserve, $57,045,000. 
(3) For the Department of the Air Force— 
(A) for the Air National Guard of the United States, 
$242,924,000; and 
(B) for the Air Force Reserve, $36,958,000. 
SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
FISCAL YEAR 2008 PROJECT. 
The table in section 2601 of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public Law 
110–181; 122 Stat. 527) is amended in the item relating to North 
Kingstown, Rhode Island, by striking ‘‘$33,000,000’’ in the amount 
column and inserting ‘‘$38,000,000’’. 
SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 
2006 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2006 (division B 
of Public Law 109–163; 119 Stat. 3501), the authorizations set 
forth in the table in subsection (b), as provided in section 2601 
of that Act, shall remain in effect until October 1, 2009, or the 
date of the enactment of an Act authorizing funds for military 
construction for fiscal year 2010, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
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122 STAT. 4711 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army National Guard: Extension of 2006 Project Authorizations 
State 
Installation or Location 
Project 
Amount 
California .............................
Camp Roberts .....................
Urban Assault Course .........
$1,485,000 
Idaho ....................................
Gowen Field ........................
Railhead, Phase 1 ................
$8,331,000 
Mississippi ...........................
Biloxi ...................................
Readiness Center .................
$16,987,000 
Camp Shelby ......................
Modified Record Fire Range 
$2,970,000 
Montana ...............................
Townsend ............................
Automated Qualification 
Training Range.
$2,532,000 
Pennsylvania .......................
Philadelphia ........................
Stryker Brigade Combat 
Team Readiness Center.
$11,806,000 
Organizational Maintenance 
Shop #7.
$6,144,930 
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122 STAT. 4712 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2609. EXTENSION OF AUTHORIZATION OF CERTAIN FISCAL YEAR 
2005 PROJECT. 
(a) EXTENSION.—Notwithstanding section 2701 of the Military 
Construction Authorization Act for Fiscal Year 2005 (division B 
of Public Law 108–375; 118 Stat. 2116), the authorization set forth 
in the table in subsection (b), as provided in section 2601 of that 
Act, shall remain in effect until October 1, 2009, or the date of 
the enactment of an Act authorizing funds for military construction 
for fiscal year 2010, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is as follows: 
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122 STAT. 4713 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army National Guard: Extension of 2005 Project Authorization 
State 
Installation or Location 
Project 
Amount 
California .............................
Dublin ..................................
Readiness Center, Add/Alt 
(ADRS).
$11,318,000 
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122 STAT. 4714 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE XXVII—BASE CLOSURE AND 
REALIGNMENT ACTIVITIES 
Subtitle A—Authorizations 
Sec. 2701. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 1990. 
Sec. 2702. Authorized base closure and realignment activities funded through De-
partment of Defense Base Closure Account 2005. 
Sec. 2703. Authorization of appropriations for base closure and realignment activi-
ties funded through Department of Defense Base Closure Account 2005. 
Subtitle B—Amendments to Base Closure and Related Laws 
Sec. 2711. Modification of annual base closure and realignment reporting require-
ments. 
Sec. 2712. Technical corrections regarding authorized cost and scope of work vari-
ations for military construction and military family housing projects re-
lated to base closures and realignments. 
Subtitle C—Other Matters 
Sec. 2721. Independent design review of National Naval Medical Center and mili-
tary hospital at Fort Belvoir. 
Sec. 2722. Report on use of BRAC properties as sites for refineries or nuclear power 
plants. 
Subtitle A—Authorizations 
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES 
FUNDED 
THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for base closure and realign-
ment activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account 1990 established by section 2906 
of such Act, in the total amount of $458,377,000, as follows: 
(1) For the Department of the Army, $87,855,000. 
(2) For the Department of the Navy, $228,700,000. 
(3) For the Department of the Air Force, $139,155,000. 
(4) For the Defense Agencies, $2,667,000. 
SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVI-
TIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 
CLOSURE ACCOUNT 2005. 
Using amounts appropriated pursuant to the authorization of 
appropriations in section 2703, the Secretary of Defense may carry 
out base closure and realignment activities, including real property 
acquisition and military construction projects, as authorized by 
the Defense Base Closure and Realignment Act of 1990 (part A 
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 
funded through the Department of Defense Base Closure Account 
2005 established by section 2906A of such Act, in the amount 
of $6,982,334,000. 
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122 STAT. 4715 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 
AND 
REALIGNMENT 
ACTIVITIES 
FUNDED 
THROUGH 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005. 
Funds are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2008, for base closure and realign-
ment activities, including real property acquisition and military 
construction projects, as authorized by the Defense Base Closure 
and Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note) and funded through the Department 
of Defense Base Closure Account 2005 established by section 2906A 
of such Act, in the total amount of $9,065,386,000, as follows: 
(1) For the Department of the Army, $4,486,178,000. 
(2) For the Department of the Navy, $871,492,000. 
(3) For the Department of the Air Force, $1,072,925,000. 
(4) For the Defense Agencies, $2,634,791,000. 
Subtitle B—Amendments to Base Closure 
and Related Laws 
SEC. 2711. MODIFICATION OF ANNUAL BASE CLOSURE AND REALIGN-
MENT REPORTING REQUIREMENTS. 
(a) TERMINATION OF REPORTING REQUIREMENTS AFTER FISCAL 
YEAR 2014.—Section 2907 of the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public Law 101–510; 
10 U.S.C. 2687 note) is amended— 
(1) by striking ‘‘As part of the budget request for fiscal 
year 2007 and for each fiscal year thereafter’’ and inserting 
‘‘(a) REPORTING REQUIREMENT.—As part of the budget request 
for fiscal year 2007 and for each fiscal year thereafter through 
fiscal year 2016’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) TERMINATION OF REPORTING REQUIREMENTS RELATED TO 
REALIGNMENT ACTIONS.—The reporting requirements under sub-
section (a) shall terminate with respect to realignment actions 
after the report submitted with the budget for fiscal year 2014.’’. 
(b) EXCLUSION OF DESCRIPTIONS OF REALIGNMENT ACTIONS.— 
Subsection (a) of such section, as designated and amended by sub-
section (a)(1) of this section, is further amended— 
(1) in paragraph (1), by striking ‘‘and realignment’’ both 
places it appears; 
(2) in paragraph (2), by striking ‘‘and realignments’’; and 
(3) in paragraphs (3), (4), (5), (6), and (7), by striking 
‘‘or realignment’’ each place it appears. 
SEC. 2712. TECHNICAL CORRECTIONS REGARDING AUTHORIZED COST 
AND SCOPE OF WORK VARIATIONS FOR MILITARY 
CONSTRUCTION 
AND 
MILITARY 
FAMILY 
HOUSING 
PROJECTS RELATED TO BASE CLOSURES AND REALIGN-
MENTS. 
(a) CORRECTION
OF CITATION
IN AMENDATORY LANGUAGE.— 
(1) IN GENERAL.—Section 2704(a) of the Military Construc-
tion Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110–181; 122 Stat. 532) is amended— 
(A) in subsection (a), by striking ‘‘Section 2905A’’ and 
inserting ‘‘Section 2906A’’; and 
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122 STAT. 4716 
PUBLIC LAW 110–417—OCT. 14, 2008 
(B) in subsection (b), by striking ‘‘section 2905A’’ and 
inserting ‘‘section 2906A’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall take effect on January 28, 2008, as if included in 
the enactment of section 2704 of the Military Construction 
Authorization Act for Fiscal Year 2008. 
(b) CORRECTION OF SCOPE OR WORK VARIATION LIMITATION.— 
Subsection (f) of section 2906A of the Defense Base Closure and 
Realignment Act of 1990 (part A of title XXIX of Public Law 
101–510; 10 U.S.C. 2687 note), as added by section 2704(a) of 
the Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110–181; 122 Stat. 532) and amended 
by subsection (a), is amended by striking ‘‘20 percent or $2,000,000, 
whichever is greater’’ and inserting ‘‘20 percent or $2,000,000, 
whichever is less’’. 
Subtitle C—Other Matters 
SEC. 2721. INDEPENDENT DESIGN REVIEW OF NATIONAL NAVAL MED-
ICAL 
CENTER 
AND 
MILITARY 
HOSPITAL 
AT 
FORT 
BELVOIR. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Military personnel and their families, as well as vet-
erans and retired military personnel living in the National 
Capital region, deserve to be treated in world class medical 
facilities. 
(2) World class medical facilities are defined as incor-
porating the best practices of the premier private health facili-
ties in the country as well as the collaborative input of military 
health care professionals into a design that supports the unique 
needs of military personnel and their families. 
(3) The closure of the Walter Reed Army Medical Center 
in Washington, D.C., and the resulting construction of the 
National Military Medical Center at the National Naval Med-
ical Center, Bethesda, Maryland, and a new military hospital 
at Fort Belvoir, Virginia, offer the Department of Defense the 
opportunity to provide state-of-the-art and world-class medical 
facilities offering the highest quality of joint service care for 
members of the Armed Forces and their families. 
(4) Congress has supported a Department of Defense 
request to expedite the construction of the new facilities at 
Bethesda and Fort Belvoir in order to provide care in better 
facilities as quickly as possible. 
(5) The Department of Defense has a responsibility to 
ensure that the expedited design and construction of such facili-
ties do not result in degradation of the quality standards 
required for world class facilities. 
(b) INDEPENDENT DESIGN REVIEW.— 
(1) ESTABLISHMENT OF DESIGN REVIEW PANEL.—The Sec-
retary of Defense shall establish a panel consisting of medical 
facility design experts, military healthcare professionals, rep-
resentatives of premier health care facilities in the United 
States, and patient representatives— 
(A) to review design plans for the National Military 
Medical Center and the new military hospital at Fort 
Belvoir; and 
Maryland. 
Virginia. 
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122 STAT. 4717 
PUBLIC LAW 110–417—OCT. 14, 2008 
(B) to advise the Secretary regarding whether the 
design, in the view of the panel, will achieve the goal 
of providing world-class medical facilities; and 
(2) RECOMMENDATIONS FOR CHANGES TO DESIGN PLAN.— 
If the panel determines that the design plans will not meet 
such goal, the panel shall make recommendations for changes 
to those plans to ensure the construction of world-class medical 
facilities. 
(3) REPORT.—Not later than 90 days after the date of 
the enactment of this Act, the panel shall submit to the Sec-
retary of Defense a report on the findings and recommendations 
of the panel to address any deficiencies in the conceptual design 
plans. 
(4) ASSESSMENT OF RECOMMENDATIONS.—Not later than 30 
days after submission of the report under paragraph (3), the 
Secretary of Defense shall submit to the congressional defense 
committees a report including— 
(A) an assessment by the Secretary of the findings 
and recommendations of the panel; and 
(B) the plans of the Secretary for addressing such 
findings and recommendations. 
(c) COST ESTIMATE.— 
(1) PREPARATION.—The Department of Defense shall pre-
pare a cost estimate of the total cost to be incurred by the 
United States to close Walter Reed Army Medical Center, 
design and construct replacement facilities at the National 
Naval Medical Center and Fort Belvoir, and relocate operations 
to the replacement facilities. 
(2) SUBMISSION.—The Secretary of Defense shall submit 
the resulting cost estimate to the congressional defense commit-
tees as soon as possible, but in no case later than 120 days 
after the date of the enactment of this Act. 
(d) MILESTONE SCHEDULE.— 
(1) PREPARATION.—The Secretary of Defense shall prepare 
a complete milestone schedule for the closure of Walter Reed 
Army Medical Center, the design and construction of replace-
ment facilities at the National Naval Medical Center and Fort 
Belvoir, and the relocation of operations to the replacement 
facilities. The schedule shall include a detailed plan regarding 
how the Department of Defense will carry out the transition 
of operations between Walter Reed Army Medical Center and 
the replacement facilities. 
(2) SUBMISSION.—The Secretary of Defense shall submit 
the resulting milestone schedule and transition plan to the 
congressional defense committees as soon as possible, but in 
no case later than 45 days after the date of the enactment 
of this Act. 
SEC. 2722. REPORT ON USE OF BRAC PROPERTIES AS SITES FOR REFIN-
ERIES OR NUCLEAR POWER PLANTS. 
Not later than October 1, 2009, the Secretary of Defense shall 
submit to the congressional defense committees a report evaluating 
the feasibility of using military installations selected for closure 
under the base closure and realignment process as locations for 
the construction of petroleum or natural gas refineries or nuclear 
power plants. 
Deadline. 
Transition plan. 
Deadline. 
Deadline. 
Reports. 
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122 STAT. 4718 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE XXVIII—MILITARY 
CONSTRUCTION GENERAL PROVISIONS 
Subtitle A—Military Construction Program and Military Family Housing Changes 
Sec. 2801. Incorporation of principles of sustainable design in documents submitted 
as part of proposed military construction projects. 
Sec. 2802. Revision of maximum lease amount applicable to certain domestic Army 
family housing leases to reflect previously made annual adjustments in 
amount. 
Sec. 2803. Use of military family housing constructed under build and lease author-
ity to house members without dependents. 
Sec. 2804. Leasing of military family housing to Secretary of Defense. 
Sec. 2805. Improved oversight and accountability for military housing privatization 
initiative projects. 
Sec. 2806. Authority to use operation and maintenance funds for construction 
projects inside the United States Central Command and United States 
Africa Command areas of responsibility. 
Sec. 2807. Cost-benefit analysis of dissolution of Patrick Family Housing LLC. 
Subtitle B—Real Property and Facilities Administration 
Sec. 2811. Clarification of congressional reporting requirements for certain real 
property transactions. 
Sec. 2812. Authority to lease non-excess property of military departments and De-
fense Agencies. 
Sec. 2813. Modification of utility system conveyance authority. 
Sec. 2814. Defense access roads. 
Sec. 2815. Report on application of force protection and anti-terrorism standards to 
gates and entry points on military installations. 
Subtitle C—Provisions Related to Guam Realignment 
Sec. 2821. Sense of Congress regarding military housing and utilities related to 
Guam realignment. 
Sec. 2822. Federal assistance to Guam. 
Sec. 2823. Eligibility of the Commonwealth of the Northern Mariana Islands for 
military base reuse studies and community planning assistance. 
Sec. 2824. Support for realignment of military installations and relocation of mili-
tary personnel on Guam. 
Subtitle D—Energy Security 
Sec. 2831. Certification of enhanced use leases for energy-related projects. 
Sec. 2832. Annual report on Department of Defense installations energy manage-
ment. 
Subtitle E—Land Conveyances 
Sec. 2841. Land conveyance, former Naval Air Station, Alameda, California. 
Sec. 2842. Transfer of administrative jurisdiction, decommissioned Naval Security 
Group Activity, Skaggs Island, California. 
Sec. 2843. Transfer of proceeds from property conveyance, Marine Corps Logistics 
Base, Albany, Georgia. 
Sec. 2844. Land conveyance, Sergeant First Class M.L. Downs Army Reserve Cen-
ter, Springfield, Ohio. 
Sec. 2845. Land conveyance, John Sevier Range, Knox County, Tennessee. 
Sec. 2846. Land conveyance, Army property, Camp Williams, Utah. 
Sec. 2847. Extension of Potomac Heritage National Scenic Trail through Fort 
Belvoir, Virginia. 
Subtitle F—Other Matters 
Sec. 2851. Revised deadline for transfer of Arlington Naval Annex to Arlington Na-
tional Cemetery. 
Sec. 2852. Acceptance and use of gifts for construction of additional building at Na-
tional Museum of the United States Air Force, Wright-Patterson Air 
Force Base. 
Sec. 2853. Lease involving pier on Ford Island, Pearl Harbor Naval Base, Hawaii. 
Sec. 2854. Use of runway at NASJRB Willow Grove, Pennsylvania. 
Sec. 2855. Naming of health facility, Fort Rucker, Alabama. 
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122 STAT. 4719 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle A—Military Construction Program 
and Military Family Housing Changes 
SEC. 2801. INCORPORATION OF PRINCIPLES OF SUSTAINABLE DESIGN 
IN DOCUMENTS SUBMITTED AS PART OF PROPOSED MILI-
TARY CONSTRUCTION PROJECTS. 
(a) DEFINITION OF LIFE-CYCLE COST-EFFECTIVE.—Subsection (c) 
of section 2801 of title 10, United States Code, is amended— 
(1) by transferring paragraph (4) to appear as the first 
paragraph in the subsection and redesignating such paragraph 
as paragraph (1); 
(2) by redesignating the subsequent three paragraphs as 
paragraphs (2), (4), and (5), respectively; and 
(3) by inserting after paragraph (2), as so redesignated, 
the following new paragraph: 
‘‘(3) The term ‘life-cycle cost-effective’, with respect to a 
project, product, or measure, means that the sum of the present 
values of investment costs, capital costs, installation costs, 
energy costs, operating costs, maintenance costs, and replace-
ment costs, as estimated for the lifetime of the project, product, 
or measure, does not exceed the base case (current or standard) 
for the practice, product, or measure.’’. 
(b) INCLUSION.—Section 2802 of such title is amended by adding 
at the end the following new subsection: 
‘‘(c) In determining the scope of a proposed military construction 
project, the Secretary concerned shall submit to the President such 
recommendations as the Secretary considers to be appropriate 
regarding the incorporation and inclusion of life-cycle cost-effective 
practices as an element in the project documents submitted to 
Congress in connection with the budget submitted pursuant to 
section 1105 of title 31 for the fiscal year in which a contract 
is proposed to be awarded for the project.’’. 
SEC. 2802. REVISION OF MAXIMUM LEASE AMOUNT APPLICABLE TO 
CERTAIN DOMESTIC ARMY FAMILY HOUSING LEASES TO 
REFLECT PREVIOUSLY MADE ANNUAL ADJUSTMENTS IN 
AMOUNT. 
Section 2828(b)(7)(A) of title 10, United States Code, is amended 
by striking ‘‘$18,620 per unit’’ and inserting ‘‘$35,000 per unit’’. 
SEC. 2803. USE OF MILITARY FAMILY HOUSING CONSTRUCTED UNDER 
BUILD AND LEASE AUTHORITY TO HOUSE MEMBERS 
WITHOUT DEPENDENTS. 
(a) IN GENERAL.—Subchapter II of chapter 169 of title 10, 
United States Code, is amended by inserting after section 2835 
the following new section: 
‘‘§ 2835a. Use of military family housing constructed under 
build and lease authority to house other members 
‘‘(a) INDIVIDUAL ASSIGNMENT OF MEMBERS WITHOUT DEPEND-
ENTS.—(1) To the extent that the Secretary concerned determines 
that military family housing constructed and leased under section 
2835 of this title is not needed to house members of the armed 
forces eligible for assignment to military family housing, the Sec-
retary may assign, without rental charge, members without depend-
ents to the housing. 
Recommenda- 
tions. 
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122 STAT. 4720 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(2) A member without dependents who is assigned to housing 
pursuant to paragraph (1) shall be considered to be assigned to 
quarters pursuant to section 403(e) of title 37. 
‘‘(b) CONVERSION
TO
LONG-TERM
LEASING
OF
MILITARY 
UNACCOMPANIED HOUSING.—(1) If the Secretary concerned deter-
mines that military family housing constructed and leased under 
section 2835 of this title is excess to the long-term needs of the 
family housing program of the Secretary, the Secretary may convert 
the lease contract entered into under subsection (a) of such section 
into a long-term lease of military unaccompanied housing. 
‘‘(2) The term of the lease contract for military unaccompanied 
housing converted from military family housing under paragraph 
(1) may not exceed the remaining term of the lease contract for 
the family housing so converted. 
‘‘(c) NOTICE AND WAIT REQUIREMENTS.—(1) The Secretary con-
cerned may not convert military family housing to military 
unaccompanied housing under subsection (b) until— 
‘‘(A) the Secretary submits to the congressional defense 
committees a notice of the intent to undertake the conversion; 
and 
‘‘(B) a period of 21 days has expired following the date 
on which the notice is received by the committees or, if earlier, 
a period of 14 days has expired following the date on which 
a copy of the notice is provided in an electronic medium pursu-
ant to section 480 of this title. 
‘‘(2) The notice required by paragraph (1) shall include— 
‘‘(A) an explanation of the reasons for the conversion of 
the military family housing to military unaccompanied housing; 
‘‘(B) a description of the long-term lease to be converted; 
‘‘(C) amounts to be paid under the lease; and 
‘‘(D) the expiration date of the lease. 
‘‘(d) APPLICATION
TO
HOUSING
LEASED
UNDER
FORMER 
AUTHORITY.—This section also shall apply to housing initially 
acquired or constructed under the former section 2828(g) of this 
title (commonly known as the ‘Build to Lease program’), as added 
by section 801 of the Military Construction Authorization Act, 1984 
(Public Law 98–115; 97 Stat 782).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by inserting after the item 
relating to section 2835 the following new item: 
‘‘2835a. Use of military family housing constructed under build and lease authority 
to house other members.’’. 
SEC. 2804. LEASING OF MILITARY FAMILY HOUSING TO SECRETARY 
OF DEFENSE. 
(a) LEASING
OF HOUSING.—Subchapter II of chapter 169 of 
title 10, United States Code, is amended by inserting after section 
2837 the following new section: 
‘‘§ 2838. Leasing of military family housing to Secretary of 
Defense 
‘‘(a) AUTHORITY.—(1) The Secretary of a military department 
may lease to the Secretary of Defense military family housing 
in the National Capital Region (as defined in section 2674(f) of 
this title). 
‘‘(2) In determining the military housing unit to lease under 
this section, the Secretary of Defense should first consider any 
Time periods. 
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122 STAT. 4721 
PUBLIC LAW 110–417—OCT. 14, 2008 
available military housing units that are already substantially 
equipped for executive communications and security. 
‘‘(b) RENTAL RATE.—A lease under subsection (a) shall provide 
for the payment by the Secretary of Defense of consideration in 
an amount equal to 105 percent of the monthly rate of basic allow-
ance for housing prescribed under section 403(b) of title 37 for 
a member of the uniformed services in the pay grade of O–10 
with dependents assigned to duty at the military installation on 
which the leased housing unit is located. A rate so established 
shall be considered the fair market value of the lease interest. 
‘‘(c) TREATMENT OF PROCEEDS.—(1) The Secretary of a military 
department shall deposit all amounts received pursuant to leases 
entered into by the Secretary under this section into a special 
account in the Treasury established for such military department. 
‘‘(2) The proceeds deposited into the special account of a military 
department pursuant to paragraph (1) shall be available to the 
Secretary of that military department, without further appropria-
tion, for the maintenance, protection, alteration, repair, improve-
ment, or restoration of military housing on the military installation 
at which the housing leased pursuant to subsection (a) is located.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such subchapter is amended by adding at the end the 
following new item: 
‘‘2838. Leasing of military family housing to Secretary of Defense.’’. 
SEC. 2805. IMPROVED OVERSIGHT AND ACCOUNTABILITY FOR MILI-
TARY HOUSING PRIVATIZATION INITIATIVE PROJECTS. 
(a) OVERSIGHT AND ACCOUNTABILITY.— 
(1) IN GENERAL.—Subchapter IV of chapter 169 of title 
10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 2885. Oversight and accountability for privatization 
projects 
‘‘(a) OVERSIGHT AND ACCOUNTABILITY MEASURES.—Each Sec-
retary concerned shall prescribe regulations to effectively oversee 
and manage military housing privatization projects carried out 
under this subchapter. The regulations shall include the following 
requirements for each privatization project: 
‘‘(1) The installation asset manager shall conduct monthly 
site visits and provide quarterly reports on the progress of 
the construction or renovation of the housing units. The reports 
shall be submitted quarterly to the assistant secretary for 
installations and environment of the respective military depart-
ment. 
‘‘(2) The installation asset manager, and, as applicable, 
the resident construction manager, privatization asset manager, 
bondholder representative, project owner, developer, general 
contractor, and construction consultant for the project shall 
conduct meetings to ensure that the construction or renovation 
of the units meets performance and schedule requirements 
and that appropriate operating and ground lease agreements 
are in place and adhered to. 
‘‘(3) If a project is 90 days or more behind schedule or 
otherwise appears to be substantially failing to adhere to the 
Notice. 
Deadlines. 
Reports. 
Regulations. 
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122 STAT. 4722 
PUBLIC LAW 110–417—OCT. 14, 2008 
obligations or milestones under the contract, the assistant sec-
retary for installations and environment of the respective mili-
tary department shall submit a notice of deficiency to the 
Deputy Under Secretary of Defense (Installations and Environ-
ment), the Secretary concerned, the managing member, and 
the trustee for the project. 
‘‘(4)(A) Not later than 15 days after the submittal of a 
notice of deficiency under paragraph (3), the Secretary con-
cerned or designated representative shall submit to the project 
owner, developer, or general contractor responsible for the 
project a summary of deficiencies related to the project. 
‘‘(B) If the project owner, developer, or general contractor 
responsible for the privatization project is unable, within 60 
days after receiving a notice of deficiency under subparagraph 
(A), to make progress on the issues outlined in such notice, 
the Secretary concerned shall notify the congressional defense 
committees of the status of the project, and shall provide a 
recommended course of action to correct the problems. 
‘‘(b) REQUIRED QUALIFICATIONS.—The Secretary concerned or 
designated representative shall ensure that the project owner, devel-
oper, or general contractor that is selected for each military housing 
privatization initiative project has construction experience commen-
surate with that required to complete the project. 
‘‘(c) BONDING LEVELS.—The Secretary concerned shall ensure 
that the project owner, developer, or general contractor responsible 
for a military housing privatization initiative project has sufficient 
payment and performance bonds or suitable instruments in place 
for each phase of a construction or renovation portion of the project 
to ensure successful completion of the work in amounts as agreed 
to in the project’s legal documents, but in no case less than 50 
percent of the total value of the active phases of the project, prior 
to the commencement of work for that phase. 
‘‘(d) REPORTING OF EFFORTS TO SELECT SUCCESSOR IN EVENT 
OF DEFAULT.—In the event a military housing privatization initia-
tive project enters into default, the assistant secretary for installa-
tions and environment of the respective military department shall 
submit a report to the congressional defense committees every 
90 days detailing the status of negotiations to award the project 
to a new project owner, developer, or general contractor. 
‘‘(e) EFFECT OF NOTICES OF DEFICIENCY ON CONTRACTORS AND 
AFFILIATED ENTITIES.—(1) The Secretary concerned shall keep a 
record of all plans of action or notices of deficiency issued to a 
project owner, developer, or general contractor under subsection 
(a)(4), including the identity of each parent, subsidiary, affiliate, 
or other controlling entity of such owner, developer, or contractor. 
‘‘(2) Each military department shall consult all records main-
tained under paragraph (1) when reviewing the past performance 
of owners, developers, and contractors in the bidding process for 
a contract or other agreement for a military housing privatization 
initiative project.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of such subchapter is amended by adding at the 
end the following new item: 
‘‘2885. Oversight and accountability for privatization projects.’’. 
Records. 
Deadlines. 
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122 STAT. 4723 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) REPORT FOR IDENTIFYING AND COMMUNICATING BEST PRAC-
TICES FOR TRANSACTIONS.—Section 2884(b) of such title is amended 
by adding at the end the following new paragraph: 
‘‘(7) A report on best practices for the execution of housing 
privatization initiatives, including— 
‘‘(A) effective means to track and verify proper perform-
ance, schedule, and cash flow; 
‘‘(B) means of overseeing the actions of bondholders 
to properly monitor construction progress and construction 
draws; 
‘‘(C) effective structuring of transactions to ensure the 
United States Government has adequate abilities to oversee 
project owner performance; 
‘‘(D) ensuring that notices to proceed on new work 
are not issued until proper bonding is in place; and 
‘‘(E) such other topics that are identified as pertinent 
by the Department of Defense.’’. 
(c) PARTNERSHIP WITH ELIGIBLE ENTITY REQUIRED.—Section 
2871(5) of title 10, United States Code, is amended by inserting 
before the period at the end the following: ‘‘that is prepared to 
enter into a contract as a partner with the Secretary concerned 
for the construction of military housing units and ancillary sup-
porting facilities’’. 
(d) COMPETITIVE PROCESS FOR CONVEYANCE OR LEASE OF PROP-
ERTY.—Section 2878 of such title is amended— 
(1) by redesignating subsections (c) and (d) as subsections 
(d) and (e); respectively; and 
(2) by inserting after subsection (b) the following new sub-
section: 
‘‘(c) COMPETITIVE PROCESS.—The Secretary concerned shall 
ensure that the time, method, and terms and conditions of the 
reconveyance or lease of property or facilities under this section 
from the eligible entity permit full and free competition consistent 
with the value and nature of the property or facilities involved.’’. 
(e) TREATMENT
OF
ACQUIRED
OR
CONSTRUCTED
HOUSING 
UNITS.— 
(1) REPEAL OF SEPARATE ASSIGNMENT AUTHORITY.—Section 
2882 of such title is amended to read as follows: 
‘‘§ 2882. Effect of assignment of members to housing units 
acquired 
or 
constructed 
under 
alternative 
authority 
‘‘(a) TREATMENT AS QUARTERS OF THE UNITED STATES.—Except 
as provided in subsection (b), housing units acquired or constructed 
under this subchapter shall be considered as quarters of the United 
States or a housing facility under the jurisdiction of a uniformed 
service for purposes of section 403 of title 37. 
‘‘(b) AVAILABILITY
OF BASIC ALLOWANCE
FOR HOUSING.—A 
member of the armed forces who is assigned to a housing unit 
acquired or constructed under this subchapter that is not owned 
or leased by the United States shall be entitled to a basic allowance 
for housing under section 403 of title 37. 
‘‘(c) LEASE PAYMENTS THROUGH PAY ALLOTMENTS.—The Sec-
retary concerned may require members of the armed forces who 
lease housing in housing units acquired or constructed under this 
subchapter to make lease payments for such housing pursuant 
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122 STAT. 4724 
PUBLIC LAW 110–417—OCT. 14, 2008 
to allotments of the pay of such members under section 701 of 
title 37.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter IV of chapter 169 of such title is 
amended by striking the item relating to section 2882 and 
inserting the following new item: 
‘‘2882. Effect of assignment of members to housing units acquired or constructed 
under alternative authority.’’. 
(f) ANNUAL
REPORT
ON
MAINTENANCE
AND
REPAIR
TO 
PRIVATIZED
GENERAL
AND
FLAG
OFFICER
QUARTERS.—Section 
2884(b) of such title, as amended by subsection (b), is further 
amended by adding at the end the following new paragraph: 
‘‘(8) A report identifying each family housing unit acquired 
or constructed under this subchapter that is used, or intended 
to be used, as quarters for a general officer or flag officer 
and for which the total operation, maintenance, and repair 
costs for the unit exceeded $50,000. For each housing unit 
so identified, the report shall also include the total of such 
operation, maintenance, and repair costs.’’. 
SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 
FOR CONSTRUCTION PROJECTS INSIDE THE UNITED 
STATES CENTRAL COMMAND AND UNITED STATES AFRICA 
COMMAND AREAS OF RESPONSIBILITY. 
(a) ONE-YEAR EXTENSION
OF AUTHORITY.—Subsection (a) of 
section 2808 of the Military Construction Authorization Act for 
Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 
1723), as amended by section 2810 of the Military Construction 
Authorization Act for Fiscal Year 2005 (division B of Public Law 
108–375; 118 Stat. 2128), section 2809 of the Military Construction 
Authorization Act for Fiscal Year 2006 (division B of Public Law 
109–163; 119 Stat. 3508), section 2802 of the Military Construction 
Authorization Act for Fiscal Year 2007 (division B of Public Law 
109–364; 120 Stat. 2466), and section 2801 of the Military Construc-
tion Authorization Act for Fiscal Year 2008 (division B of Public 
Law 110–181; 122 Stat. 538), is further amended— 
(1) by striking ‘‘2008’’ and inserting ‘‘2009’’; and 
(2) by striking ‘‘outside the United States’’ and inserting 
‘‘inside the United States Central Command and United States 
Africa Command areas of responsibility’’. 
(b) EXCEPTION FOR PROJECTS IN AFGHANISTAN FROM LIMITATION 
ON AUTHORITY RELATED
TO LONG-TERM UNITED STATES PRES-
ENCE.—Such subsection, as so amended, is further amended by 
inserting before the period at the end of paragraph (2) the following: 
‘‘, unless the military installation is located in Afghanistan, for 
which projects using this authority may be carried out at installa-
tions deemed as supporting a long-term presence’’. 
(c) MODIFICATION
OF
ANNUAL
LIMITATION
ON
USE
OF 
AUTHORITY.—Subsection (c) of section 2808 of the Military Construc-
tion Authorization Act for Fiscal Year 2004 (division B of Public 
Law 108–136; 117 Stat. 1723) is amended to read as follows: 
‘‘(c) ANNUAL LIMITATION ON USE OF AUTHORITY.—(1) The total 
cost of the construction projects carried out under the authority 
of this section using, in whole or in part, appropriated funds avail-
able for operation and maintenance shall not exceed $200,000,000 
in a fiscal year. 
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122 STAT. 4725 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(2) If the Secretary of Defense certifies to the congressional 
defense committees that additional construction in Afghanistan is 
required to meet urgent military requirements in Afghanistan, up 
to an additional $300,000,000 in funds available for operation and 
maintenance may be used in Afghanistan upon completing the 
prenotification requirements under subsection (b). Under no cir-
cumstances shall the total appropriated funds available from oper-
ation and maintenance for fiscal year 2009 exceed $500,000,000.’’. 
(d) QUARTERLY REPORTS.—Subsection (d)(1) of such section, 
as amended by section 2810 of the Military Construction Authoriza-
tion Act for Fiscal Year 2005 (division B of Public Law 108–375; 
118 Stat. 2128) and section 2809 of the Military Construction 
Authorization Act for Fiscal Year 2006 (division B of Public Law 
109–163; 119 Stat. 3508), is further amended by striking ‘‘30 days’’ 
and inserting ‘‘45 days’’. 
SEC. 2807. COST-BENEFIT ANALYSIS OF DISSOLUTION OF PATRICK 
FAMILY HOUSING LLC. 
Not later than 30 days after the date of the enactment of 
this Act, the Secretary of the Air Force shall submit to the congres-
sional defense committees a cost-benefit analysis of dissolving Pat-
rick Family Housing LLC without exercising the full range of rights 
available to the United States Government to recover damages 
from the partnership. 
Subtitle B—Real Property and Facilities 
Administration 
SEC. 2811. CLARIFICATION OF CONGRESSIONAL REPORTING REQUIRE-
MENTS FOR CERTAIN REAL PROPERTY TRANSACTIONS. 
Section 2662(c) of title 10, United States Code, is amended 
by striking ‘‘river and harbor projects or flood control projects’’ 
and inserting ‘‘water resource development projects of the Corps 
of Engineers’’. 
SEC. 2812. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF MILITARY 
DEPARTMENTS AND DEFENSE AGENCIES. 
(a) CONSOLIDATION OF SEPARATE AUTHORITIES.— 
(1) ESTABLISHMENT OF SINGLE AUTHORITY.—Subsection (a) 
of section 2667 of title 10, United States Code, is amended 
to read as follows: 
‘‘(a) LEASE AUTHORITY.—Whenever the Secretary concerned con-
siders it advantageous to the United States, the Secretary concerned 
may lease to such lessee and upon such terms as the Secretary 
concerned considers will promote the national defense or to be 
in the public interest, real or personal property that— 
‘‘(1) is under the control of the Secretary concerned; 
‘‘(2) is not for the time needed for public use; and 
‘‘(3) is not excess property, as defined by section 102 of 
title 40.’’. 
(2) SECRETARY CONCERNED DEFINED.—Subsection (i) of such 
section is amended by adding at the end the following new 
paragraph: 
‘‘(4) The term ‘Secretary concerned’ means— 
Deadline. 
Certification. 
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122 STAT. 4726 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(A) the Secretary of a military department, with 
respect to matters concerning that military department; 
and 
‘‘(B) the Secretary of Defense, with respect to matters 
concerning the Defense Agencies.’’. 
(b) PROHIBITION ON LEASEBACK WITH EXCESSIVE ANNUAL PAY-
MENTS.—Subsection (b) of such section is amended— 
(1) by striking ‘‘and’’ at the end of paragraph (5); 
(2) by striking the period at the end of paragraph (6) 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(7) may not provide for a leaseback by the Secretary 
concerned with an annual payment in excess of $500,000.’’. 
(c) IMPROVED CONGRESSIONAL NOTIFICATION REQUIREMENTS.— 
Paragraph (4) of subsection (c) of such section is amended to read 
as follows: 
‘‘(4)(A) Not later than 30 days before issuing a contract solicita-
tion or other lease offering under this section for a lease whose 
annual payment, including any in-kind consideration to be accepted 
under subsection (b)(5) or this subsection, will exceed $750,000, 
the Secretary concerned shall submit to the congressional defense 
committees a report containing— 
‘‘(i) a description of the proposed lease, including the pro-
posed duration of the lease; 
‘‘(ii) a description of the authorities to be used in entering 
the lease and the intended participation of the United States 
in the lease, including a justification of the intended method 
of participation; 
‘‘(iii) a statement of the scored cost of the lease, determined 
using the scoring criteria of the Office of Management and 
Budget; 
‘‘(iv) a determination that the property involved in the 
lease is not excess property, as required by subsection (a)(3), 
including the basis for the determination; 
‘‘(v) a determination that the proposed lease is directly 
compatible with the mission of the military installation or 
Defense Agency whose property is to be subject to the lease 
and the anticipated long-term use of the property at the conclu-
sion of the lease; and 
‘‘(vi) a description of the requirements or conditions within 
the contract solicitation or other lease offering for the offeror 
to address taxation issues, including payments-in-lieu-of taxes, 
and other development issues related to local municipalities. 
‘‘(B) In the case of a lease described in subparagraph (A), 
the Secretary concerned also shall submit to the congressional 
defense committees a report at least 30 days before the date on 
which the Secretary concerned enters into a lease the following 
information: 
‘‘(i) A copy of the report submitted under subparagraph 
(A). 
‘‘(ii) A description of the differences between the report 
submitted under that subparagraph and the new report. 
‘‘(iii) A description of the lessee payment required under 
this section.’’. 
(d) CONFORMING AMENDMENTS TO REFERENCES TO MILITARY 
DEPARTMENTS AND INSTALLATIONS.— 
Deadlines. 
Reports. 
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122 STAT. 4727 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) COMMUNITY SUPPORT FACILITIES AND COMMUNITY SUP-
PORT SERVICES.—Subsection (d) of such section is amended— 
(A) in paragraph (2), by striking ‘‘Secretary of a mili-
tary department’’ and inserting ‘‘Secretary concerned’’; and 
(B) in paragraphs (3), (4), and (6), by striking ‘‘of 
the military department’’ each place it appears. 
(2) DEPOSIT AND USE OF PROCEEDS.—Subsection (e) of such 
section is amended— 
(A) in paragraph (1)(A)— 
(i) in the matter preceding clause (i)— 
(I) by striking ‘‘Secretary of a military depart-
ment’’ and inserting ‘‘Secretary concerned’’; and 
(II) by striking ‘‘such military department’’ and 
inserting ‘‘that Secretary’’; and 
(ii) in clause (iii), by striking ‘‘military department’’ 
and inserting ‘‘Secretary’’; 
(B) in paragraph (1)(B)(i), by striking ‘‘Secretary of 
a military department’’ and inserting ‘‘Secretary con-
cerned’’; 
(C) in paragraph (1)(C), by striking ‘‘of a military 
department pursuant to subparagraph (A) shall be avail-
able to the Secretary of that military department’’ and 
inserting ‘‘established for the Secretary concerned shall 
be available to the Secretary’’; 
(D) in paragraph (1)(D)— 
(i) by striking ‘‘of a military department under 
subparagraph (A)’’ and inserting ‘‘established for the 
Secretary concerned’’; and 
(ii) by inserting ‘‘or Defense Agency location’’ after 
‘‘military installation’’; 
(E) in paragraph (1)(E), by striking ‘‘installation’’ and 
inserting ‘‘military installation or Defense Agency location’’; 
and 
(F) in paragraph (3), by striking ‘‘Secretary of a mili-
tary department’’ and inserting ‘‘Secretary concerned’’. 
(3) BASE
CLOSURE
PROPERTY.—Subsection (g)(1) of such 
section is amended by striking ‘‘Secretary of a military depart-
ment’’ and inserting ‘‘Secretary concerned’’. 
(e) REPEAL OF SEPARATE DEFENSE AGENCY AUTHORITY.— 
(1) REPEAL.—Section 2667a of such title is repealed. 
(2) EFFECT ON EXISTING CONTRACTS.—The repeal of section 
2667a of title 10, United States Code, shall not affect the 
validity or terms of any lease with respect to property of a 
Defense Agency entered into by the Secretary of Defense under 
such section before the date of the enactment of this Act. 
(3) TREATMENT OF MONEY RENTS.—Amounts in any special 
account established for a Defense Agency pursuant to sub-
section (d) of section 2667a of title 10, United States Code, 
before repeal of such section by paragraph (1), and amounts 
that would be deposited in such an account in connection with 
a lease referred to in paragraph (2), shall— 
(A) remain available until expended for the purposes 
specified in such subsection, notwithstanding the repeal 
of such section by paragraph (1); or 
(B) to the extent provided in appropriations Acts, be 
transferred to the special account required for the Secretary 
10 USC 2667a 
note. 
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122 STAT. 4728 
PUBLIC LAW 110–417—OCT. 14, 2008 
of Defense by subsection (e) of section 2667 of such title, 
as amended by subsection (d)(2) of this section. 
(f) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 2667 of such 
title is amended to read as follows: 
‘‘§ 2667. Leases: non-excess property of military departments 
and Defense Agencies’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 159 of such title is amended by striking the 
items relating to sections 2667 and 2667a and inserting the 
following new item: 
‘‘2667. Leases: non-excess property of military departments and Defense Agencies.’’. 
SEC. 
2813. 
MODIFICATION 
OF 
UTILITY 
SYSTEM 
CONVEYANCE 
AUTHORITY. 
Section 2688 of title 10, United States Code, is amended— 
(1) by redesignating subsection (j) as subsection (k); and 
(2) by inserting after subsection (i) the following new sub-
section: 
‘‘(j) CONSTRUCTION OF UTILITY INFRASTRUCTURE AFTER CONVEY-
ANCE
OF
A UTILITY SYSTEM.—(1) Upon conveyance of a utility 
system, the Secretary of a military department may convey addi-
tional utility infrastructure under the jurisdiction of the Secretary 
on a military installation to a utility or entity to which a utility 
system for the installation has been conveyed under subsection 
(a) if the Secretary determines that— 
‘‘(A) the additional utility infrastructure was constructed 
or installed after the date of the conveyance of the utility 
system; 
‘‘(B) the additional utility infrastructure cannot operate 
without being a part of the conveyed utility system; 
‘‘(C) the additional utility infrastructure was planned and 
coordinated with the entity operating the conveyed utility 
system; and 
‘‘(D) the military department receives as consideration an 
amount equal to the fair market value of the utility infrastruc-
ture determined in the same manner as the consideration the 
Secretary could require under subsection (c) for a conveyance 
under subsection (a). 
‘‘(2) The conveyance under this paragraph may consist of all 
right, title, and interest of the United States or such lesser estate 
as the Secretary considers appropriate to serve the interests of 
the United States.’’. 
SEC. 2814. DEFENSE ACCESS ROADS. 
(a) BASIS FOR TRANSPORTATION NEEDS ASSESSMENT.—Section 
210(a) of title 23, United States Code, is amended— 
(1) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(2) If it is determined that an action of the Department of 
Defense will cause a significant transportation impact to access 
to a military reservation, the Secretary of Defense shall conduct 
a transportation needs assessment to assess the magnitude of the 
improvement required to address the impact.’’. 
(b) 
REPORT
ON
RECENTLY
IDENTIFIED
TRANSPORTATION 
IMPACTS.—Not later than April 1, 2009, the Secretary of Defense 
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122 STAT. 4729 
PUBLIC LAW 110–417—OCT. 14, 2008 
shall submit to the congressional defense committees and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives a report that details the significant transportation 
impacts resulting from actions of the Department of Defense since 
January 1, 2005. In the report, the Secretary shall assess the 
funding requirements necessary to address transportation needs 
resulting from these significant transportation impacts. 
SEC. 2815. REPORT ON APPLICATION OF FORCE PROTECTION AND 
ANTI-TERRORISM STANDARDS TO GATES AND ENTRY 
POINTS ON MILITARY INSTALLATIONS. 
(a) REPORT REQUIRED.—Not later than February 1, 2009, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the implementation of Department of 
Defense Anti-Terrorism/Force Protection standards at gates and 
entry points of military installations. 
(b) CONTENT.—The report required under subsection (a) shall 
include the following: 
(1) A description of the anti-terrorism/force protection 
standards for gates and entry points. 
(2) An assessment, by installation, of whether the gates 
and entry points meet anti-terrorism/force protection standards. 
(3) An assessment of whether the standards are met with 
either temporary or permanent measures, facilities, or equip-
ment. 
(4) A description and cost estimate of each action to be 
taken by the Secretary of Defense for each installation to ensure 
compliance with Department of Defense Anti-Terrorism/Force 
Protection standards using permanent measures and construc-
tion methods. 
(5) An investment plan to complete all action required 
to ensure compliance with the standards described under para-
graph (1). 
Subtitle C—Provisions Related to Guam 
Realignment 
SEC. 2821. SENSE OF CONGRESS REGARDING MILITARY HOUSING AND 
UTILITIES RELATED TO GUAM REALIGNMENT. 
(a) NATURE OF SPECIAL PURPOSE ENTITIES.—It is the sense 
of Congress that any military family housing provided in connection 
with the realignment of military installations and the relocation 
of military personnel on Guam should— 
(1) be operated, to the extent practicable, in the manner 
provided for public-private ventures under subchapter IV of 
chapter 169 of title 10, United States Code; and 
(2) should be constructed in accordance with current 
Department of Defense building standards. 
(c) UTILITY INFRASTRUCTURE IMPROVEMENTS.—It is the sense 
of Congress that the proposed utility infrastructure improvements 
on Guam should incorporate the civilian and military infrastructure 
into a single grid to realize and maximize the effectiveness of 
the overall utility system, if appropriate cost sharing and quality 
standards are met. 
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122 STAT. 4730 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2822. FEDERAL ASSISTANCE TO GUAM. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Interagency Group on Insular Areas, in coordination with the 
appropriate Federal agencies, should enter into a memorandum 
of understanding with the Government of Guam to identify, before 
the realignment of military installations and the relocation of mili-
tary personnel on Guam, local funding requirements for civilian 
infrastructure development and other needs related to the realign-
ment and relocation. 
(b) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall submit 
to the congressional defense committees a report on the status 
of interagency coordination through the Interagency Group on 
Insular Areas of budgetary requests to assist the Government of 
Guam with its budgetary requirements related to the realignment 
of military forces on Guam. The report shall address to what extent 
and how the Interagency Group on Insular Areas will be able 
to coordinate interagency budgets so the realignment of military 
forces on Guam will meet the 2014 completion date as stipulated 
in the May 2006 security agreement between the United States 
and Japan. 
(c) INTERAGENCY GROUP ON INSULAR AREAS DEFINED.—In this 
section, the term ‘‘Interagency Group on Insular Areas’’ means 
the interagency group established by Executive Order No. 13299 
of May 12, 2003 (68 Fed. Reg. 25477; 48 U.S.C. note prec. 1451). 
The term includes any sub-group or working group of that inter-
agency group. 
SEC. 2823. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN 
MARIANA ISLANDS FOR MILITARY BASE REUSE STUDIES 
AND COMMUNITY PLANNING ASSISTANCE. 
(a) INCLUSION IN DEFINITION OF MILITARY INSTALLATION.—Sec-
tion 2687(e)(1) of title 10, United States Code, is amended by 
inserting after ‘‘Virgin Islands,’’ the following: ‘‘the Commonwealth 
of the Northern Mariana Islands,’’. 
(b) INCLUSION
OF
FACILITIES
OWNED
AND
OPERATED
BY 
COMMONWEALTH.—Section 2391(d)(1) of title 10, United States 
Code, is amended by inserting after ‘‘Guam,’’ the following: ‘‘the 
Commonwealth of the Northern Mariana Islands,’’. 
SEC. 2824. SUPPORT FOR REALIGNMENT OF MILITARY INSTALLATIONS 
AND RELOCATION OF MILITARY PERSONNEL ON GUAM. 
(a) ESTABLISHMENT OF ACCOUNT.—There is established on the 
books of the Treasury an account to be known as the ‘‘Support 
for United States Relocation to Guam Account’’ (in this section 
referred to as the ‘‘Account’’). 
(b) CREDITS TO ACCOUNT.— 
(1) AMOUNTS
IN
FUND.—There shall be credited to the 
Account all contributions received during fiscal year 2009 and 
subsequent fiscal years under section 2350k of title 10, United 
States Code, for the realignment of military installations and 
the relocation of military personnel on Guam. 
(2) NOTICE OF RECEIPT OF CONTRIBUTIONS.—The Secretary 
of Defense shall submit to the congressional defense committees 
written notice of the receipt of contributions referred to in 
paragraph (1), including the amount of the contributions, not 
later than 30 days after receiving the contributions. 
Deadline. 
10 USC 2687 
note. 
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122 STAT. 4731 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) USE OF ACCOUNT.— 
(1) AUTHORIZED USES.—Subject to paragraph (2), amounts 
in the Account may be used as follows: 
(A) To carry out or facilitate the carrying out of a 
transaction authorized by this section in connection with 
the realignment of military installations and the relocation 
of military personnel on Guam, including military construc-
tion, military family housing, unaccompanied housing, gen-
eral facilities constructions for military forces, and utilities 
improvements. 
(B) To carry out improvements of property or facilities 
on Guam as part of such a transaction. 
(C) To obtain property support services for property 
or facilities on Guam resulting from such a transaction. 
(D) To develop military facilities or training ranges 
in the Commonwealth of the Northern Mariana Islands. 
(2) COMPLIANCE WITH GUAM MASTER PLAN.—Transactions 
authorized by paragraph (1) shall be consistent with the Guam 
Master Plan, as incorporated in decisions made in the manner 
provided in section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
(3) LIMITATION REGARDING MILITARY HOUSING.—To extent 
that the authorities provided under subchapter IV of chapter 
169 of title 10, United States Code, are available to the Sec-
retary of Defense, the Secretary shall use such authorities 
to acquire, construct, or improve family housing units or 
ancillary supporting facilities in connection with the relocation 
of military personnel on Guam. 
(4) SPECIAL REQUIREMENTS REGARDING USE OF CONTRIBU-
TIONS.— 
(A) TREATMENT
OF
CONTRIBUTIONS.—Except as pro-
vided in subparagraph (C), the use of contributions referred 
to in subsection (b)(1) shall not be subject to conditions 
imposed on the use of appropriated funds by chapter 169 
of title 10, United States Code, or contained in annual 
military construction appropriations Acts. 
(B) NOTICE OF OBLIGATION.—Contributions referred to 
in subsection (b)(1) may not be obligated for a transaction 
authorized by paragraph (1) until the Secretary of Defense 
submits to the congressional defense committees notice 
of the transaction, including a detailed cost estimate, and 
a period of 21 days has elapsed after the date on which 
the notification is received by the committees or, if earlier, 
a period of 14 days has elapsed after the date on which 
a copy of the notification is provided in an electronic 
medium. 
(C) COST AND SCOPE OF WORK VARIATIONS.—Section 
2853 of title 10, United States Code, shall apply to the 
use of contributions referred to in subsection (b)(1). 
(d) TRANSFER AUTHORITY.— 
(1) TRANSFER
TO
HOUSING
FUNDS.—The Secretary of 
Defense may transfer funds from the Account to the Depart-
ment of Defense Family Housing Improvement Fund estab-
lished by section 2883(a)(1) of title 10, United States Code. 
(2) TREATMENT
OF
TRANSFERRED
AMOUNTS.—Amounts 
transferred under paragraph (1) to a fund referred to in that 
paragraph shall be available in accordance with the provisions 
Time periods. 
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122 STAT. 4732 
PUBLIC LAW 110–417—OCT. 14, 2008 
of section 2883 of title 10, United States Code for activities 
on Guam authorized under subchapter IV of chapter 169 of 
such title. 
(e) REPORT REGARDING GUAM MILITARY CONSTRUCTION.—Not 
later than February 15 of each year, the Secretary of Defense 
shall submit to Congress a report containing information on each 
military construction project included in the budget submission 
for the next fiscal year related to the realignment of military 
installations and the relocation of military personnel on Guam. 
The Secretary shall present the information in manner consistent 
with the presentation of projects in the military construction 
accounts for each of the military departments in the budget submis-
sion. The report shall also include projects associated with the 
realignment of military installations and relocation of military per-
sonnel on Guam that are included in the future-years defense 
program pursuant to section 221 of title 10, United States Code. 
(f) SENSE OF CONGRESS.—It is the sense of Congress that the 
use of the Account to facilitate construction projects associated 
with the realignment of military installations and the relocation 
of military personnel on Guam, as authorized by subsection (c)(1), 
provides a great opportunity for business enterprises of the United 
States and its territories to contribute to the United States strategic 
presence in the western Pacific by competing for contracts awarded 
for such construction. Congress urges the Secretary of Defense 
to ensure maximum participation by business enterprises of the 
United States and its territories in such construction. 
Subtitle D—Energy Security 
SEC. 2831. CERTIFICATION OF ENHANCED USE LEASES FOR ENERGY- 
RELATED PROJECTS. 
Section 2667(h) of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(5) If a proposed lease under subsection (a) involves a project 
related to energy production and the term of the lease exceeds 
20 years, the Secretary concerned may not enter into the lease 
until at least 30 days after the date on which the Secretary of 
Defense submits to the congressional defense committees a certifi-
cation that the project is consistent with the Department of Defense 
performance goals and plan required by section 2911 of this title.’’. 
SEC. 2832. ANNUAL REPORT ON DEPARTMENT OF DEFENSE INSTALLA-
TIONS ENERGY MANAGEMENT. 
Section 2925(a) of title 10, United States Code, is amended— 
(1) by striking the subsection heading and inserting the 
following: ‘‘ANNUAL
REPORT
RELATED
TO
INSTALLATIONS 
ENERGY MANAGEMENT.—’’; 
(2) in paragraph (1), by inserting ‘‘, the Energy Independ-
ence and Security Act of 2007 (Public Law 110–140),’’ after 
‘‘58)’’; and 
(3) by adding at the end the following new paragraph: 
‘‘(6) A description and estimate of the progress made by 
the military departments to meet the certification requirements 
for sustainable green-building standards in construction and 
major renovations as required by section 433 of the Energy 
Deadline. 
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122 STAT. 4733 
PUBLIC LAW 110–417—OCT. 14, 2008 
Independence and Security Act of 2007 (Public Law 110–140; 
121 Stat. 1612).’’. 
Subtitle E—Land Conveyances 
SEC. 2841. LAND CONVEYANCE, FORMER NAVAL AIR STATION, 
ALAMEDA, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 
convey to the redevelopment authority for the former Naval Air 
Station Alameda, California (in this section referred to as the 
‘‘redevelopment authority’’), all right, title and interest of the United 
States in and to the real and personal property comprising Naval 
Air Station Alameda, except those parcels identified for public ben-
efit conveyance and certain surplus lands at the Naval Air Station 
Alameda described in the Federal Register on November 5, 2007. 
In this section, the real and personal property to be conveyed 
under this section is referred to as the ‘‘NAS Property’’. 
(b) MULTIPLE CONVEYANCES.—The conveyance of the NAS Prop-
erty may be conducted through multiple parcel transfers. 
(c) CONSIDERATION.—As consideration for the conveyance of 
the NAS Property under subsection (a), the Secretary of the Navy 
shall seek to obtain fair market value. 
(d) EXISTING USES.—During the three-year period beginning 
on the date on which the first conveyance under this section is 
made, the redevelopment authority shall make reasonable efforts 
to accommodate the continued use by the United States of those 
portions of the NAS Property covered by a request for Federal 
Land Transfer so long as the accommodation of such use is at 
no cost or expense to the redevelopment authority. Such accom-
modations shall provide adequate protection for the endangered 
California Least Tern in accordance with the requirements of the 
existing Biological Opinion for Naval Air Station Alameda dated 
March 22, 1999, and any future amendments to the Biological 
Opinion. 
(e) SAVINGS PROVISION.—Nothing in this section shall be con-
strued to affect or limit the application of, or any obligation to 
comply with, any environmental law, including the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under this section 
shall be determined by a survey satisfactory to the Department. 
(g) MASTER LEASE.—The Lease in Furtherance of Conveyance, 
dated June 2000, as amended, between the Secretary of the Navy 
and the redevelopment authority shall remain in full force and 
effect until conveyance of the NAS Property in accordance with 
this section, and a lease amendment recognizing this section shall 
be offered by the Secretary. 
(h) TREATMENT OF AMOUNTS RECEIVED.—Amounts received by 
the United States under this section shall be credited to the fund 
or account intended to receive proceeds from the disposal of the 
NAS Property pursuant to the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public Law 101–510; 
10 U.S.C. 2687 note). 
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122 STAT. 4734 
PUBLIC LAW 110–417—OCT. 14, 2008 
(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 
Navy may require such additional terms and conditions in connec-
tion with the conveyance under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2842. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMIS-
SIONED NAVAL SECURITY GROUP ACTIVITY, SKAGGS 
ISLAND, CALIFORNIA. 
(a) TRANSFER MEMORANDUM OF AGREEMENT.—The Secretary 
of the Navy and the Secretary of the Interior shall negotiate a 
memorandum of agreement that stipulates the conditions upon 
which the decommissioned Naval Security Group Activity, Skaggs 
Island, Sonoma, California shall be transferred from the administra-
tive jurisdiction of the Department of the Navy to the United 
States Fish and Wildlife Service for inclusion in the National Wild-
life Refuge System. 
(b) ACCEPTANCE OF DONATIONS; USE.—The Secretary of the 
Navy and the Secretary of the Interior may accept contributions 
from the State of California and other entities to help cover the 
costs of demolishing and removing structures on the property 
described in subsection (a) and to facilitate future environmental 
restoration that furthers the ultimate end use of the property 
for conservation purposes. Amounts received may be merged with 
other amounts available to the Secretaries to carry out this section 
and shall remain available, without further appropriation and until 
expended. 
SEC. 2843. TRANSFER OF PROCEEDS FROM PROPERTY CONVEYANCE, 
MARINE CORPS LOGISTICS BASE, ALBANY, GEORGIA. 
(a) TRANSFER AUTHORIZED.—The Secretary of Defense may 
transfer any proceeds from the sale of approximately 120.375 acres 
of improved land located at the former Boyett Village Family 
Housing Complex at the Marine Corps Logistics Base, Albany, 
Georgia, into the Department of Defense Family Housing Improve-
ment Fund established under section 2883(a)(1) of title 10, United 
States Code, for carrying out activities under subchapter IV of 
chapter 169 of that title with respect to military family housing. 
(b) NOTIFICATION REQUIREMENT.—A transfer of proceeds under 
subsection (a) may be made only after the end of the 30-day period 
beginning on the date the Secretary of Defense submits written 
notice of the transfer to the congressional defense committees. 
SEC. 2844. LAND CONVEYANCE, SERGEANT FIRST CLASS M.L. DOWNS 
ARMY RESERVE CENTER, SPRINGFIELD, OHIO. 
(a) CONVEYANCE AUTHORIZED.—At such time as the Army 
Reserve vacates the Sergeant First Class M.L. Downs Army Reserve 
Center at 1515 West High Street in Springfield, Ohio, the Secretary 
of the Army may convey, without consideration, to the City of 
Springfield, Ohio (in this section referred to as the ‘‘City’’), all 
right, title, and interest of the United States in and to the parcel 
of real property, including improvements thereon, containing the 
Reserve Center and approximately three acres for the purpose 
of permitting the City to utilize the property for municipal govern-
ment activities. 
(b) REVERSIONARY INTEREST.—If the Secretary determines at 
any time that the real property conveyed under subsection (a) 
is not being used in accordance with the purpose of the conveyance, 
all right, title, and interest in and to such real property, including 
Time period. 
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122 STAT. 4735 
PUBLIC LAW 110–417—OCT. 14, 2008 
any improvements and appurtenant easements thereto, shall, at 
the option of the Secretary, revert to and become the property 
of the United States, and the United States shall have the right 
of immediate entry onto such real property. A determination by 
the Secretary under this subsection shall be made on the record 
after an opportunity for a hearing. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property to be conveyed under subsection 
(a) shall be determined by a survey satisfactory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
City to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, 
to carry out the conveyance under subsection (a), including 
survey costs, costs related to environmental documentation, 
and other administrative costs related to the conveyance. If 
amounts are collected from the City in advance of the Secretary 
incurring the actual costs, and the amount collected exceeds 
the costs actually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess amount to 
the City. 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2845. LAND CONVEYANCE, JOHN SEVIER RANGE, KNOX COUNTY, 
TENNESSEE. 
(a) CONVEYANCE AUTHORIZATION.—The Secretary of the Army 
may convey, without consideration, to the State of Tennessee all 
right, title, and interest of the United States in and to a parcel 
of real property, including any improvements thereon and appur-
tenant easements thereto, consisting of approximately 124 acres 
known as the John Sevier Range in Knox County, Tennessee, for 
the purpose of using such real property as a public firing range 
and for other public recreational activities. 
(b) REVERSIONARY INTEREST.—If the Secretary determines at 
any time that the real property conveyed under subsection (a) 
is not being used in accordance with the terms of the conveyance, 
all right, title, and interest in and to such real property, including 
any improvements and appurtenant easements thereto, shall, at 
the option of the Secretary, revert to and become the property 
of the United States, and the United States shall have the right 
of immediate entry onto such real property. A determination by 
the Secretary under this subsection shall be made on the record 
after an opportunity for a hearing. 
(c) ADMINISTRATIVE EXPENSES.—In accordance with section 
2695 of title 10, United State Code, the Secretary may accept 
amounts provided by the State to cover administrative expenses 
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122 STAT. 4736 
PUBLIC LAW 110–417—OCT. 14, 2008 
incurred by the Secretary with respect to the conveyance authorized 
under subsection (a), including survey expenses, expenses related 
to environmental documentation, and other administrative expenses 
related to such conveyance. Such amounts shall be credited, pursu-
ant to subsection (c) of section 2695 of such title, to the appropria-
tion, fund, or account from which such expenses were paid. If 
amounts are collected from the State in advance of the Secretary 
incurring such expenses, and the amount collected exceeds the 
expenses actually incurred by the Secretary, the Secretary shall 
refund the excess amount to the State. 
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 
description of the real property authorized to be conveyed under 
subsection (a) shall be determined by a survey satisfactory to the 
Secretary and the State. 
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance authorized under subsection (a) as the Secretary 
considers appropriate to protect the interests of the United States. 
SEC. 2846. LAND CONVEYANCE, ARMY PROPERTY, CAMP WILLIAMS, 
UTAH. 
(a) CONVEYANCE AUTHORIZED.—If the Secretary of the Army 
determines that it is the national security interest of the United 
States, the Secretary may convey, without consideration, to the 
State of Utah (in this section, the ‘‘State’’) on behalf of the Utah 
National Guard all right, title, and interest of the United States 
in and to two parcels of real property, including improvements 
thereon, that are located within the boundaries of Camp Williams, 
Utah, consisting of approximately 608 acres and 308 acres, respec-
tively, and are identified in the Utah National Guard master plan. 
(b) CONDITION.—As a condition of the conveyance, the Secretary 
shall, not later than 21 days before carrying out the conveyance, 
submit a report to Congress certifying that the purpose of the 
conveyance is to further the interest of national security and the 
property conveyed will be used for military purposes only. 
(c) REVERSIONARY INTEREST.—If the Secretary determines at 
any time that the real property conveyed under subsection (a), 
or any portion thereof, has been sold or is not being used in 
a manner consistent with subsection (b), the property shall revert, 
at the option of the Secretary, to the United States, and the United 
States shall have the right of immediate entry onto the property. 
Any determination of the Secretary under this subsection shall 
be made on the record after consultation with the Governor of 
the State of Utah and an opportunity for a hearing. 
(d) PAYMENT OF COSTS OF CONVEYANCE.— 
(1) PAYMENT REQUIRED.—The Secretary shall require the 
State to cover costs to be incurred by the Secretary, or to 
reimburse the Secretary for costs incurred by the Secretary, 
to carry out the conveyance under subsection (a), including 
survey costs, costs related to environmental documentation, 
and other administrative costs related to the conveyance. If 
amounts are collected from the State in advance of the Sec-
retary incurring the actual costs, and the amount collected 
exceeds the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the excess 
amount to the State. 
Deadline. 
Reports. 
Certification. 
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122 STAT. 4737 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 
as reimbursements under paragraph (1) shall be credited to 
the fund or account that was used to cover the costs incurred 
by the Secretary in carrying out the conveyance. Amounts 
so credited shall be merged with amounts in such fund or 
account and shall be available for the same purposes, and 
subject to the same conditions and limitations, as amounts 
in such fund or account. 
(e) DESCRIPTION OF REAL PROPERTY.—The exact acreage and 
legal description of the real property to be conveyed under sub-
section (a) shall be determined by a survey satisfactory to the 
Secretary. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 
require such additional terms and conditions in connection with 
the conveyance under subsection (a) as the Secretary considers 
appropriate to protect the interests of the United States. 
SEC. 2847. EXTENSION OF POTOMAC HERITAGE NATIONAL SCENIC 
TRAIL THROUGH FORT BELVOIR, VIRGINIA. 
(a) AGREEMENT AUTHORITY.—The Secretary of the Army may 
enter into a revocable at will easement with the Secretary of the 
Interior to provide land along the perimeter of Fort Belvoir, Vir-
ginia, to be used as a segment of the Potomac Heritage National 
Scenic Trail. 
(b) SELECTION CRITERIA.—In determining the extent of the 
easement, the Secretary of the Army shall provide for a single 
trail, and select alignments of the trail, along the perimeter of 
Fort Belvoir. In making that determination, the Secretary shall 
consider— 
(1) the perimeter security requirements to protect the 
assets, people, and agency missions located at Fort Belvoir; 
(2) the appropriate setback from adjacent roadways to pro-
vide for a safe and enjoyable experience for users of the trail; 
and 
(3) any planned future expansion of roadways, including 
United States Route 1, so that the trail will not be adversely 
impacted by roadway construction. 
(c) TRAIL ADMINISTRATION AND MANAGEMENT.—A written agree-
ment confirming an administration and management arrangement 
of any segment of the Potomac Heritage National Scenic Trail 
along the perimeter of Fort Belvoir shall be co-signed by the parties 
to the easement agreement. 
Subtitle F—Other Matters 
SEC. 2851. REVISED DEADLINE FOR TRANSFER OF ARLINGTON NAVAL 
ANNEX TO ARLINGTON NATIONAL CEMETERY. 
Section 2881(h)(1) of the Military Construction Authorization 
Act for Fiscal Year 2000 (division B of Public Law 106–65; 113 
Stat. 879), as amended by section 2871 of the Military Construction 
Authorization Act for Fiscal Year 2008 (division B of Public Law 
110–181; 122 Stat. 561), is further amended by striking ‘‘January 
1, 2011’’ and inserting ‘‘January 1, 2012’’. 
Virginia. 
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122 STAT. 4738 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 2852. ACCEPTANCE AND USE OF GIFTS FOR CONSTRUCTION OF 
ADDITIONAL BUILDING AT NATIONAL MUSEUM OF THE 
UNITED STATES AIR FORCE, WRIGHT-PATTERSON AIR 
FORCE BASE. 
(a) ACCEPTANCE AUTHORIZED.—The Secretary of the Air Force 
may accept from the Air Force Museum Foundation, a private 
nonprofit corporation, gifts in the form of cash, treasury 
instruments, or comparable United States securities for the purpose 
of paying the costs of design and construction of a fourth building 
for the National Museum of the United States Air Force at Wright- 
Patterson Air Force Base, Ohio. In making a gift, the Air Force 
Museum Foundation may specify that all or part of the amount 
of the gift be utilized solely for the purpose of the design and 
construction of a particular portion of the building and for contract 
management related to such design and construction. 
(b) ESCROW ACCOUNT.— 
(1) DEPOSIT OF GIFTS.—The Secretary of the Air Force, 
acting through the Director of Financial Management of the 
Air Force Materiel Command (in this section referred to as 
the ‘‘Director’’), shall deposit the amount of any gift accepted 
under subsection (a) in an escrow account established for that 
purpose. 
(2) INVESTMENT.—Amounts in the escrow account not 
required to meet current requirements of the account shall 
be invested in public debt securities with maturities suitable 
to the needs of the account, as determined by the Director, 
and bearing interest at rates that take into consideration cur-
rent market yields on outstanding marketable obligations of 
the United States of comparable securities. The income on 
such investments shall be credited to and form a part of the 
account. 
(3) LIQUIDATION.—Upon final payment of all invoices and 
claims associated with the design and construction of the 
building described in subsection (a), the Secretary shall termi-
nate the escrow account. Any amounts remaining in the account 
upon termination shall be available to the Secretary, in such 
amounts as are provided in advance in appropriations Acts, 
for such purposes as the Secretary considers appropriate. 
(c) USE OF GIFTS.— 
(1) DESIGN, CONSTRUCTION, AND CONTRACT MANAGEMENT.— 
Subject to any conditions imposed by the Air Force Museum 
Foundation under subsection (a), the Director shall use amounts 
in the escrow account, including income on investments, to 
pay all costs for the design and construction of a fourth building 
for the National Museum of the United States Air Force and 
all costs for contract management related to such design and 
construction. The requirement imposed by this paragraph 
includes making progress payments for such design and 
construction. 
(2) SOLE
SOURCE
OF
FUNDS.—Gifts received under sub-
section (a) and income on investments made under subsection 
(b)(2) shall be the sole source of funds used to pay all costs 
for the design and construction of a fourth building for the 
National Museum of the United States Air Force and all costs 
for contract management related to such design and construc-
tion. 
Ohio. 
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122 STAT. 4739 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) TIME FOR PAYMENT.—Amounts shall be payable under 
paragraph (1) upon receipt by the Director of a notification 
from the technical representative of the contracting officer that 
construction activities for which such amounts are payable 
under paragraph (1) have been undertaken. To the maximum 
extent practicable consistent with good business practice, the 
Director shall limit payment of amounts from the account in 
order to maximize the return on investment of amounts in 
the account. 
(d) LIMITATION ON CONTRACTS.—The Secretary of the Air Force 
may not initiate a contract for the design or construction of a 
particular portion of the building described in subsection (a) until 
amounts in the escrow account are sufficient to cover the amount 
of the contract. 
SEC. 2853. LEASE INVOLVING PIER ON FORD ISLAND, PEARL HARBOR 
NAVAL BASE, HAWAII. 
(a) LEASE.—The Secretary of the Navy shall enter into a lease 
with the USS Missouri Memorial Association to authorize the USS 
Missouri Memorial Association to use the pier Foxtrot Five and 
related real property on Ford Island, Pearl Harbor Naval Base, 
Hawaii, during calendar years 2009 and 2010. 
(b) CONSIDERATION.—The lease required by subsection (a) shall 
be made without consideration. 
(c) CONDITIONS ON USE OF LEASED PROPERTY.—As conditions 
on the lease under subsection (a), the USS Missouri Memorial 
Association shall agree— 
(1) to preserve and maintain the ex-USS Missouri for edu-
cation purposes, historic preservation, and community outreach; 
(2) that the Navy may use the leased property without 
charge for purposes that do not interfere with the use of such 
property by the USS Missouri Memorial Association; and 
(3) that the Navy may use the ex-USS Missouri for official 
functions at no cost. 
(d) EFFECT OF VIOLATION.—If the Secretary determines at any 
time that the USS Missouri Memorial Association is not in compli-
ance with the conditions imposed by subsection (c), the Secretary 
may terminate the lease referred to in subsection (a). Any deter-
mination of the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
SEC. 2854. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYL-
VANIA. 
(a) CONDITIONS ON CONVEYANCE, GRANT, LEASE, OR LICENSE.— 
Any conveyance, grant, lease, or license from the United States 
to the Commonwealth of Pennsylvania or other legal entity that 
includes the airfield property located at NASJRB Willow Grove 
and designated for operation as a Joint Interagency Installation 
pursuant to section 3703 of the U.S. Troop Readiness, Veterans’ 
Care, Katrina Recovery, and Iraq Accountability Appropriations 
Act, 2007 (Public Law 110–28; 121 Stat. 145) shall be subject 
to the restrictions on the use of the airfield set forth in subsection 
(b). 
(b) RESTRICTIONS ON USE.—The airfield at the installation shall 
not be used for any of the following purposes: 
(1) Commercial passenger operations. 
(2) Commercial cargo operations. 
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122 STAT. 4740 
PUBLIC LAW 110–417—OCT. 14, 2008 
(3) Commercial, business, or nongovernment aircraft oper-
ations for purposes not related to the missions of the installa-
tion, except that this paragraph shall not apply in exigent 
circumstances or prohibit use of the airfield by or on behalf 
of any associated user which is a tenant of the installation. 
(4) As a reliever airport to relieve congestion at other 
airports or to provide improved general aviation access to the 
overall community, except that this paragraph shall not apply 
in exigent circumstances. 
(c) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to diminish or alter authorized uses 
of the installation, including the military enclave that is part 
thereof, by the United States or its agencies or instrumentalities 
or to limit use of the property in exigent circumstances. 
(d) DEFINITIONS.—In this section: 
(1) AIRFIELD.—The term ‘‘airfield’’ means the airfield 
referred to in subsection (a). 
(2) ASSOCIATED USERS.—The term ‘‘associated users’’ means
nongovernmental organizations and private entities that use 
the airfield for purposes related to the national defense, home-
land security, and emergency preparedness missions of the 
installation. 
(3) EXIGENT
CIRCUMSTANCES.—The term ‘‘exigent cir-
cumstances’’
means unusual conditions, including adverse or 
unusual weather conditions, alerts, and actual or threatened 
emergencies that are determined by the installation to require 
limited-duration use of the installation or its airfield for oper-
ations, including flying operations, for uses otherwise restricted 
under subsection (b). 
(4) COMMERCIAL CARGO OPERATIONS.—The term ‘‘commer-
cial cargo operations’’ means aircraft operations by a commer-
cial cargo or freight carrier in cases in which cargo is delivered 
to or flown from the installation under established schedules, 
except that the term does not include any cargo operations 
undertaken by or on behalf of any user of the installation 
or cargo operations related to the national defense, homeland 
security, and emergency preparedness missions of the installa-
tion. 
(5) 
COMMERCIAL
PASSENGER
OPERATIONS.—The 
term 
‘‘commercial passenger operations’’ means aircraft passenger 
operations by commercial passenger carriers involving flights 
where passengers are boarded or enplaned at the installation, 
except that the term does not include passenger operations 
undertaken by or on behalf of any user of the installation 
or passenger operations related to the national defense, home-
land security, and emergency preparedness missions of the 
installation. 
(6) INSTALLATION.—The term ‘‘installation’’ means the Joint 
Interagency Installation referred to in subsection (a). 
SEC. 2855. NAMING OF HEALTH FACILITY, FORT RUCKER, ALABAMA. 
The health facility located at 301 Andrews Avenue in Fort 
Rucker, Alabama, shall be known and designated as the ‘‘Lyster 
Army/VA Health Clinic’’. Any reference in a law, map, regulation, 
document, paper, or other record of the United States to such 
facility shall be deemed to be a reference to the Lyster Army/ 
VA Health Clinic. 
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122 STAT. 4741 
PUBLIC LAW 110–417—OCT. 14, 2008 
TITLE XXIX—WAR-RELATED MILITARY 
CONSTRUCTION AUTHORIZATIONS 
Subtitle A—Fiscal Year 2008 Projects 
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. 
Subtitle B—Fiscal Year 2009 Projects 
Sec. 2911. Authorized Army construction and land acquisition projects. 
Sec. 2912. Authorized Navy construction and land acquisition projects. 
Subtitle A—Fiscal Year 2008 Projects 
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (c)(1), 
the Secretary of the Army may acquire real property and carry 
out military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table: 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Alaska ........................
Fort Wainwright ........................
$17,000,000 
California ...................
Fort Irwin ...................................
$11,800,000 
Colorado .....................
Fort Carson ................................
$8,400,000 
Georgia .......................
Fort Gordon ................................
$39,800,000 
Hawaii ........................
Schofield Barracks .....................
$12,500,000 
Kentucky ....................
Fort Campbell ............................
$9,900,000 
Fort Knox ...................................
$7,400,000 
North Carolina ..........
Fort Bragg ..................................
$8,500,000 
Oklahoma ..................
Fort Sill ......................................
$9,000,000 
Texas ..........................
Fort Bliss ....................................
$17,300,000 
Fort Hood ...................................
$7,200,000 
Fort Sam Houston .....................
$54,000,000 
Virginia ......................
Fort Lee ......................................
$7,400,000 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (c)(2), 
the Secretary of the Army may acquire real property and carry 
out military construction projects for the installations or locations 
outside the United States, and in the amounts, set forth in the 
following table: 
Army: Outside the United States 
Country 
Installation or Location 
Amount 
Iraq
.........................
Camp Adder ...............................
$13,200,000 
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122 STAT. 4742 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army: Outside the United States—Continued 
Country 
Installation or Location 
Amount 
Camp Ramadi ............................
$6,200,000 
Fallujah ......................................
$5,500,000 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds 
authorized to be appropriated under 2901(c) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110–181; 122 Stat. 571), funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 
2007, for military construction, land acquisition, and military family 
housing functions of the Department of the Army in the total 
amount of $241,100,000 as follows: 
(1) For military construction projects inside the United 
States authorized by subsection (a), $210,200,000. 
(2) For military construction projects outside the United 
States authorized by subsection (b), $24,900,000. 
(3) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$6,000,000. 
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (b)(1), 
the Secretary of the Navy may acquire real property and carry 
out military construction projects for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table: 
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122 STAT. 4743 
PUBLIC LAW 110–417—OCT. 14, 2008 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
California ................
Camp Pendleton .........................................................................
$9,270,000 
China Lake ..................................................................................
$7,210,000 
Point Mugu .................................................................................
$7,250,000 
San Diego ....................................................................................
$12,299,000 
San Diego Marine Corps Recruit Depot (MCRD) ....................
$43,200,000 
Twentynine Palms ......................................................................
$11,250,000 
Florida .....................
Eglin Air Force Base ..................................................................
$780,000 
Mississippi ..............
Gulfport .......................................................................................
$6,570,000 
North Carolina .......
Camp Lejeune .............................................................................
$27,980,000 
Virginia ...................
Yorktown .....................................................................................
$8,070,000 
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122 STAT. 4744 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds 
authorized to be appropriated under 2902(d) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110–181; 122 Stat. 572), funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 
2007, for military construction, land acquisition, and military family 
housing functions of the Department of the Navy in the total 
amount of $137,931,000 as follows: 
(1) For military construction projects inside the United 
States authorized by subsection (a), $133,879,000. 
(2) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$4,052,000. 
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (c)(1), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations inside the United States, and in the amounts, set forth 
in the following table: 
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122 STAT. 4745 
PUBLIC LAW 110–417—OCT. 14, 2008 
Air Force: Inside the United States 
Country 
Installation or Location 
Amount 
California ................
Beale Air Force Base ..................................................................
$17,600,000 
Florida .....................
Eglin Air Force Base ..................................................................
$11,000,000 
New Mexico ............
Cannon Air Force Base ..............................................................
$8,000,000 
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122 STAT. 4746 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (c)(2), 
the Secretary of the Air Force may acquire real property and 
carry out military construction projects for the installations or 
locations outside the United States, and in the amounts, set forth 
in the following table: 
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122 STAT. 4747 
PUBLIC LAW 110–417—OCT. 14, 2008 
Air Force: Outside the United States 
Country 
Installation or Location 
Amount 
Qatar .......................
Al Udeid ......................................................................................
$60,400,000 
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122 STAT. 4748 
PUBLIC LAW 110–417—OCT. 14, 2008 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds 
authorized to be appropriated under 2903(b) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110–181; 122 Stat. 573), funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 
2007, for military construction, land acquisition, and military family 
housing functions of the Department of the Air Force in the total 
amount of $98,427,000, as follows: 
(1) For military construction projects inside the United 
States authorized by subsection (a), $36,600,000. 
(2) For military construction projects outside the United 
States authorized by subsection (b), $60,400,000. 
(3) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$1,427,000. 
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (b)(1), 
the Secretary of Defense may acquire real property and carry out 
the military construction project for the installations or locations 
inside the United States, and in the amounts, set forth in the 
following table: 
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122 STAT. 4749 
PUBLIC LAW 110–417—OCT. 14, 2008 
Defense Agencies: Inside the United States 
State 
Installation or Location 
Amount 
North Carolina .......
Camp Lejeune .............................................................................
$57,900,000 
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122 STAT. 4750 
PUBLIC LAW 110–417—OCT. 14, 2008 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to funds 
authorized to be appropriated under 2904(c) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110–181; 122 Stat. 573), funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 
2007, for military construction, land acquisition, and military family 
housing functions of the Department of Defense (other than the 
military departments) in the total amount of $110,735,000, as fol-
lows: 
(1) For military construction projects inside the United 
States authorized by subsection (a), $57,900,000. 
(2) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$52,835,000. 
SEC. 2905. TERMINATION OF AUTHORITY TO CARRY OUT FISCAL YEAR 
2008 ARMY PROJECTS. 
(a) TERMINATION OF AUTHORITY.—The table in section 2901(b) 
of the Military Construction Authorization Act for Fiscal Year 2008 
(division B of Public Law 110–181; 122 Stat. 570), is amended— 
(1) in the item relating to Camp Adder, Iraq, by striking 
‘‘$80,650,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$75,800,000’’; 
(2) in the item relating to Camp Anaconda, Iraq, by striking 
‘‘$53,500,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$10,500,000’’; 
(3) in the item relating to Camp Victory, Iraq, by striking 
‘‘$65,400,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$60,400,000’’; 
(4) by striking the item relating to Tikrit, Iraq; and 
(5) in the item relating to Camp Speicher, Iraq, by striking 
‘‘$83,900,000’’ 
in 
the 
amount 
column 
and 
inserting 
‘‘$74,100,000’’. 
(b) CONFORMING AMENDMENTS.—Section 2901(c) of the Military 
Construction Authorization Act for Fiscal Year 2008 (division B 
of Public Law 110–181; 122 Stat. 571) is amended— 
(1) 
by 
striking 
‘‘$1,257,750,000’’ 
and 
inserting 
‘‘$1,152,100,000’’; and 
(2) in paragraph (2), by striking ‘‘$1,055,450,000’’ and 
inserting ‘‘$949,800,000’’. 
Subtitle B—Fiscal Year 2009 Projects 
SEC. 2911. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (b)(1), 
the Secretary of the Army may acquire real property and carry 
out military construction projects to construct or renovate warrior 
transition unit facilities at the installations or locations inside the 
United States set forth in the following table: 
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122 STAT. 4751 
PUBLIC LAW 110–417—OCT. 14, 2008 
Army: Inside the United States 
State 
Installation or Location 
Amount 
Various .......................
Various locations .......................
$400,000,000 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal years beginning after Sep-
tember 30, 2008, for military construction, land acquisition, and 
military family housing functions of the Department of the Army 
in the total amount of $450,000,000, as follows: 
(1) For military construction projects inside the United 
States authorized by subsection (a), $400,000,000. 
(2) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$50,000,000. 
(c) 
REPORT
REQUIRED
BEFORE
COMMENCING
CERTAIN 
PROJECTS.—Funds may not be obligated for the projects authorized 
by this section until 14 days after the date on which the Secretary 
of Defense submits to the congressional defense committees a report 
containing a detailed justification for the projects. 
SEC. 2912. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISI-
TION PROJECTS. 
(a) INSIDE THE UNITED STATES.—Using amounts appropriated 
pursuant to the authorization of appropriations in subsection (b)(1), 
the Secretary of the Navy may acquire real property and carry 
out military construction projects to construct or renovate warrior 
transition unit facilities at the installations or locations inside the 
United States set forth in the following table: 
Navy: Inside the United States 
State 
Installation or Location 
Amount 
Various ..........
Various locations ................................
$40,000,000 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Subject to section 
2825 of title 10, United States Code, funds are hereby authorized 
to be appropriated for fiscal years beginning after September 30, 
2008, for military construction, land acquisition, and military family 
housing functions of the Department of the Navy in the total 
amount of $50,000,000, as follows: 
(1) For military construction projects inside the United 
States authorized by subsection (a), $40,000,000. 
(2) For architectural and engineering services and construc-
tion design under section 2807 of title 10, United States Code, 
$10,000,000. 
(c) 
REPORT
REQUIRED
BEFORE
COMMENCING
CERTAIN 
PROJECTS.—Funds may not be obligated for the projects authorized 
by this section until 14 days after the date on which the Secretary 
of Defense submits to the congressional defense committees a report 
containing a detailed justification for the projects. 
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122 STAT. 4752 
PUBLIC LAW 110–417—OCT. 14, 2008 
DIVISION C—DEPARTMENT OF ENERGY 
NATIONAL 
SECURITY 
AUTHORIZA-
TIONS 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. Modification of functions of Administrator for Nuclear Security to in-
clude elimination of surplus fissile materials usable for nuclear weap-
ons. 
Sec. 3112. Limitation on Funding for Project 04-D-125 Chemistry and Metallurgy 
Research Replacement facility project, Los Alamos National Laboratory, 
Los Alamos, New Mexico. 
Sec. 3113. Nonproliferation and national security scholarship and fellowship pro-
gram. 
Sec. 3114. Enhancing nuclear forensics capabilities. 
Sec. 3115. Utilization of contributions to International Nuclear Materials Protec-
tion and Cooperation program and Russian plutonium disposition pro-
gram. 
Sec. 3116. Review of and reports on Global Initiatives for Proliferation Prevention 
program. 
Sec. 3117. Limitation on availability of funds for Global Nuclear Energy Partner-
ship. 
Subtitle C—Reports 
Sec. 3121. Extension of deadline for Comptroller General report on Department of 
Energy protective force management. 
Sec. 3122. Report on compliance with Design Basis Threat issued by the Depart-
ment of Energy in 2005. 
Sec. 3123. Modification of submittal of reports on inadvertent releases of restricted 
data. 
Subtitle A—National Security Programs 
Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2009 for the activities of the National Nuclear Security 
Administration in carrying out programs necessary for national 
security in the amount of $9,752,507,000, to be allocated as follows: 
(1) For weapons activities, $6,625,111,000. 
(2) For defense nuclear nonproliferation activities, including 
$528,782,000 for fissile materials disposition, $1,895,261,000. 
(3) For naval reactors, $828,054,000. 
(4) For the Office of the Administrator for Nuclear Security, 
$404,081,000. 
(b) AUTHORIZATION
OF NEW PLANT PROJECTS.—From funds 
referred to in subsection (a) that are available for carrying out 
plant projects, the Secretary of Energy may carry out new plant 
projects for the National Nuclear Security Administration as follows: 
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122 STAT. 4753 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) For readiness in technical base and facilities, the fol-
lowing new plant projects: 
Project 09–D–404, Test Capabilities Revitalization 
Phase 2, Sandia National Laboratory, Albuquerque, New 
Mexico, $3,200,000. 
Project 08–D–806, Ion Beam Laboratory Project, 
Sandia National Laboratory, Albuquerque, New Mexico, 
$10,014,000. 
(2) For naval reactors, the following new plant projects: 
Project 09–D–902, Naval Reactors Facility Production 
Support Complex, Naval Reactors Facility, Idaho Falls, 
Idaho, $8,300,000. 
Project 09–D–190, Project engineering and design, 
Knolls Atomic Power Laboratory infrastructure upgrades, 
Knolls Atomic Power Laboratory, Kesselring Site, Schenec-
tady, New York, $1,000,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2009 for defense environmental 
cleanup activities in carrying out programs necessary for national 
security in the amount of $5,297,256,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2009 for other defense activities 
in carrying out programs necessary for national security in the 
amount of $826,453,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2009 for defense nuclear waste 
disposal for payment to the Nuclear Waste Fund established in 
section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
10222(c)) in the amount of $222,371,000. 
SEC. 3105. ENERGY SECURITY AND ASSURANCE. 
Funds are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2009 for energy security and assur-
ance programs necessary for national security in the amount of 
$7,622,000. 
Subtitle B—Program Authorizations, 
Restrictions, and Limitations 
SEC. 3111. MODIFICATION OF FUNCTIONS OF ADMINISTRATOR FOR 
NUCLEAR SECURITY TO INCLUDE ELIMINATION OF SUR-
PLUS 
FISSILE 
MATERIALS 
USABLE 
FOR 
NUCLEAR 
WEAPONS. 
Section 3212(b) of the National Nuclear Security Administration 
Act (50 U.S.C. 2402(b)) is amended— 
(1) by redesignating paragraph (18) as paragraph (19); 
and 
(2) by inserting after paragraph (17) the following new 
paragraph (18): 
‘‘(18) Eliminating inventories of surplus fissile materials 
usable for nuclear weapons.’’. 
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122 STAT. 4754 
PUBLIC LAW 110–417—OCT. 14, 2008 
SEC. 3112. LIMITATION ON FUNDING FOR PROJECT 04-D-125 CHEM-
ISTRY AND METALLURGY RESEARCH REPLACEMENT 
FACILITY PROJECT, LOS ALAMOS NATIONAL LABORA-
TORY, LOS ALAMOS, NEW MEXICO. 
Of the amounts appropriated pursuant to an authorization 
of appropriations in this Act or otherwise made available for fiscal 
year 2009 for Project 04-D-125 Chemistry and Metallurgy Research 
Replacement (in this section referred to as ‘‘CMRR’’) facility project, 
Los Alamos National Laboratory, Los Alamos, New Mexico, not 
more than $50,200,000 may be made available until— 
(1) the Administrator for Nuclear Security and the Defense 
Nuclear Facilities Safety Board have each submitted a certifi-
cation to the congressional defense committees stating that 
the concerns raised by the Defense Nuclear Facilities Safety 
Board regarding the design of CMRR safety class systems 
(including ventilation systems) and seismic issues have been 
resolved; and 
(2) a period of 15 days has elapsed after both certifications 
under paragraph (1) have been submitted. 
SEC. 3113. NONPROLIFERATION AND NATIONAL SECURITY SCHOLAR-
SHIP AND FELLOWSHIP PROGRAM. 
(a) ESTABLISHMENT.—The Administrator for Nuclear Security 
shall carry out a program to provide scholarships and fellowships 
for the purpose of enabling individuals to qualify for employment 
in the nonproliferation and national security programs of the 
Department of Energy. 
(b) ELIGIBLE INDIVIDUALS.—An individual shall be eligible for 
a scholarship or fellowship under the program established under 
this section if the individual— 
(1) is a citizen or national of the United States or an 
alien lawfully admitted to the United States for permanent 
residence; 
(2) has been accepted for enrollment or is currently enrolled 
as a full-time student at an institution of higher education 
(as defined in section 102(a) of the Higher Education Act of 
1965 (20 U.S.C. 1002(a)); 
(3) is pursuing a program of education that leads to an 
appropriate higher education degree in a qualifying field of 
study, as determined by the Administrator; 
(4) enters into an agreement described in subsection (c); 
and 
(5) meets such other requirements as the Administrator 
prescribes. 
(c) AGREEMENT.—An individual seeking a scholarship or fellow-
ship under the program established under this section shall enter 
into an agreement, in writing, with the Administrator that includes 
the following: 
(1) The agreement of the Administrator to provide such 
individual with a scholarship or fellowship in the form of edu-
cational assistance for a specified number of school years (not 
to exceed five school years) during which such individual is 
pursuing a program of education in a qualifying field of study, 
which educational assistance may include payment of tuition, 
fees, books, laboratory expenses, and a stipend. 
(2) The agreement of such individual— 
(A) to accept such educational assistance; 
50 USC 2444. 
Time period. 
Certifications. 
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122 STAT. 4755 
PUBLIC LAW 110–417—OCT. 14, 2008 
(B) to maintain enrollment and attendance in a pro-
gram of education described in subsection (b)(2) until such 
individual completes such program; 
(C) while enrolled in such program, to maintain satis-
factory academic progress in such program, as determined 
by the institution of higher education in which such indi-
vidual is enrolled; and 
(D) after completion of such program, to serve as a 
full-time employee in a nonproliferation or national security 
position in the Department of Energy or at a laboratory 
of the Department for a period of not less than 12 months 
for each school year or part of a school year for which 
such individual receives a scholarship or fellowship under 
the program established under this section. 
(3) The agreement of such individual with respect to the 
repayment requirements specified in subsection (d). 
(d) REPAYMENT.— 
(1) IN GENERAL.—An individual receiving a scholarship or 
fellowship under the program established under this section 
shall agree to pay to the United States the total amount of 
educational assistance provided to such individual under such 
program, plus interest at the rate prescribed by paragraph 
(4), if such individual— 
(A) does not complete the program of education agreed 
to pursuant to subsection (c)(2)(B); 
(B) completes such program of education but declines 
to serve in a position in the Department of Energy or 
at a laboratory of the Department as agreed to pursuant 
to subsection (c)(2)(D); or 
(C) is voluntarily separated from service or involun-
tarily separated for cause from the Department of Energy 
or a laboratory of the Department before the end of the 
period for which such individual agreed to continue in 
the service of the Department pursuant to subsection 
(c)(2)(D). 
(2) FAILURE TO REPAY.—If an individual who received a 
scholarship or fellowship under the program established under 
this section is required to repay, pursuant to an agreement 
under paragraph (1), the total amount of educational assistance 
provided to such individual under such program, plus interest 
at the rate prescribed by paragraph (4), and fails repay such 
amount, a sum equal to such amount (plus such interest) is 
recoverable by the United States Government from such indi-
vidual or the estate of such individual by— 
(A) in the case of an individual who is an employee 
of the United States Government, setoff against accrued 
pay, compensation, amount of retirement credit, or other 
amount due the employee from the Government; or 
(B) such other method as is provided by law for the 
recovery of amounts owed to the Government. 
(3) WAIVER OF REPAYMENT.—The Administrator may waive, 
in whole or in part, repayment by an individual under this 
subsection if the Administrator determines that seeking 
recovery under paragraph (2) would be against equity and 
good conscience or would be contrary to the best interests 
of the United States. 
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122 STAT. 4756 
PUBLIC LAW 110–417—OCT. 14, 2008 
(4) RATE OF INTEREST.—For purposes of repayment under 
this subsection, the total amount of educational assistance pro-
vided to an individual under the program established under 
this section shall bear interest at the applicable rate of interest 
under section 427A(c) of the Higher Education Act of 1965 
(20 U.S.C. 1077a(c)). 
(e) PREFERENCE FOR COOPERATIVE EDUCATION STUDENTS.—In 
evaluating individuals for the award of a scholarship or fellowship 
under the program established under this section, the Administrator 
may give a preference to an individual who is enrolled in, or 
accepted for enrollment in, an institution of higher education that 
has a cooperative education program with the Department of 
Energy. 
(f) COORDINATION OF BENEFITS.—A scholarship or fellowship 
awarded under the program established under this section shall 
be taken into account in determining the eligibility of an individual 
receiving such scholarship or fellowship for Federal student finan-
cial assistance provided under title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1070 et seq.). 
(g) REPORT TO CONGRESS.—Not later than January 1, 2010, 
the Administrator shall submit to the congressional defense commit-
tees a report on the activities carried out under the program estab-
lished under this section, including any recommendations for future 
activities under such program. 
(h) FUNDING.—Of the amounts authorized to be appropriated 
by section 3101(a)(2) for defense nuclear nonproliferation activities, 
$3,000,000 shall be available to carry out the program established 
under this section. 
SEC. 3114. ENHANCING NUCLEAR FORENSICS CAPABILITIES. 
(a) 
RESEARCH
AND
DEVELOPMENT
PLAN
FOR
NUCLEAR 
FORENSICS AND ATTRIBUTION.— 
(1) RESEARCH AND DEVELOPMENT.—The Secretary of Energy 
shall prepare and implement a research and development plan 
to improve nuclear forensics capabilities in the Department 
of Energy and at the national laboratories overseen by the 
Department of Energy. The plan shall focus on improving the 
technical capabilities required— 
(A) to enable a robust and timely nuclear forensic 
response to a nuclear explosion or to the interdiction of 
nuclear material or a nuclear weapon anywhere in the 
world; and 
(B) to develop an international database that can 
attribute nuclear material or a nuclear weapon to its 
source. 
(2) REPORTS.— 
(A) The Secretary of Energy shall submit to the 
congressional defense committees— 
(i) not later than 6 months after the date of the 
enactment of this Act, a report on the contents of 
the research and development plan described in para-
graph (1), and any legislative changes required to 
implement the plan; and 
(ii) not later than 18 months after the date of 
the enactment of this Act, a report on the status of 
implementing the plan. 
50 USC 2574. 
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122 STAT. 4757 
PUBLIC LAW 110–417—OCT. 14, 2008 
(B) The Secretary shall submit each report required 
by this subsection in unclassified form, but may include 
a classified annex with such report. 
(b) ADDITIONAL INFORMATION
IN
THE REPORT
ON NUCLEAR 
FORENSICS CAPABILITIES.—Section 3129(b) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 
Stat. 585) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) any legislative, regulatory, or treaty actions necessary 
to facilitate international cooperation in enhancement of inter-
national nuclear-material databases and the linking of those 
databases to enable prompt access to data.’’. 
(c) PRESIDENTIAL REPORT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the President shall submit to 
the appropriate committees of Congress a report on the involve-
ment of senior-level executive branch leadership in nuclear 
terrorism preparedness exercises that include nuclear forensics 
analysis. 
(2) APPROPRIATE COMMITTEES OF CONGRESS.—In this sub-
section, the term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Appropriations, the Committee 
on Armed Services, and the Committee on Homeland Secu-
rity of the House of Representatives; and 
(B) the Committee on Appropriations, the Committee 
on Armed Services, and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate. 
SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL 
NUCLEAR MATERIALS PROTECTION AND COOPERATION 
PROGRAM AND RUSSIAN PLUTONIUM DISPOSITION PRO-
GRAM. 
Section 3114 of the National Defense Authorization Act for 
Fiscal Year 2007 (50 U.S.C. 2301 note) is amended— 
(1) in the heading, by striking ‘‘SECOND LINE OF DEFENSE 
PROGRAM’’ and inserting ‘‘INTERNATIONAL
NUCLEAR
MATE-
RIALS PROTECTION AND COOPERATION PROGRAM AND RUSSIAN 
PLUTONIUM DISPOSITION PROGRAM’’; 
(2) by striking ‘‘Second Line of Defense program’’ each 
place it appears and inserting ‘‘International Nuclear Materials 
Protection and Cooperation program or Russian Plutonium Dis-
position program’’; and 
(3) in subsection (f), by striking ‘‘2013’’ and inserting ‘‘2015’’. 
SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR 
PROLIFERATION PREVENTION PROGRAM. 
(a) REVIEW OF PROGRAM.— 
(1) IN GENERAL.—The Administrator for Nuclear Security 
shall conduct a review of the Global Initiatives for Proliferation 
Prevention program. 
(2) REPORT REQUIRED.—Not later than October 1, 2009, 
the Administrator shall submit to the congressional defense 
committees a report setting forth the results of the review 
required under paragraph (1). The report shall include each 
of the following: 
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122 STAT. 4758 
PUBLIC LAW 110–417—OCT. 14, 2008 
(A) A description of the goals of the Global Initiatives 
for Proliferation Prevention program and the criteria for 
partnership projects under the program. 
(B) Recommendations regarding the following: 
(i) Whether to continue or bring to a close each 
of the partnership projects under the program in exist-
ence on the date of the enactment of this Act, and, 
if any such project is recommended to be continued, 
a description of how that project will meet the criteria 
under subparagraph (A). 
(ii) Whether to enter into new partnership projects 
under the program with Russia or other countries of 
the former Soviet Union. 
(iii) Whether to enter into new partnership projects 
under the program in countries other than countries 
of the former Soviet Union. 
(C) A plan and criteria for completing partnership 
projects under the program. 
(b) REPORT
ON FUNDING
FOR PROJECTS UNDER PROGRAM.— 
(1) IN GENERAL.—The Administrator shall submit to the 
congressional defense committees a report on— 
(A) the purposes for which amounts made available 
for the Global Initiatives for Proliferation Prevention pro-
gram for fiscal year 2009 will be obligated or expended; 
and 
(B) the amount to be obligated or expended for each 
partnership project under the program in fiscal year 2009. 
(2) LIMITATION
ON
FUNDING
BEFORE
SUBMITTAL
OF 
REPORT.—None of the amounts authorized to be appropriated 
for fiscal year 2009 by section 3101(a)(2) for defense nuclear 
nonproliferation activities and available for the Global Initia-
tives for Proliferation Prevention program may be obligated 
or expended until the date that is 30 days after the date 
on which the Administrator submits to the congressional 
defense committees the report required under paragraph (1). 
SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL 
NUCLEAR ENERGY PARTNERSHIP. 
(a) LIMITATION.—Of the amounts authorized to be appropriated 
for fiscal year 2009 by section 3101(a)(2) for defense nuclear non-
proliferation activities, not more than $3,000,000 may be used for 
projects that are specifically designed for the Global Nuclear Energy 
Partnership. Any amount so used may not be expended until 30 
days after the date on which the Administrator of the National 
Nuclear Security Administration submits to Congress a report that 
describes in detail the full amount of funding that the Administrator 
plans to expend for any effort related to the Global Nuclear Energy 
Partnership. 
(b) USE OF FUNDS.—Any amount made available pursuant to 
an authorization of appropriations under section 3101(a)(2) that 
is covered by the limitation under subsection (a) shall only be 
available for nonproliferation risk assessments relating to the 
Global Nuclear Energy Partnership and related work on export 
control reviews and determinations. 
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122 STAT. 4759 
PUBLIC LAW 110–417—OCT. 14, 2008 
Subtitle C—Reports 
SEC. 3121. EXTENSION OF DEADLINE FOR COMPTROLLER GENERAL 
REPORT ON DEPARTMENT OF ENERGY PROTECTIVE 
FORCE MANAGEMENT. 
Section 3124(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 580) is amended 
by striking ‘‘Not later than 180 days after the date of the enactment 
of this Act,’’ and inserting ‘‘Not later than March 1, 2009,’’. 
SEC. 3122. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT 
ISSUED BY THE DEPARTMENT OF ENERGY IN 2005. 
(a) IN GENERAL.—Not later than January 2, 2009, the Secretary 
of Energy shall submit to the congressional defense committees 
a report setting forth the status of the compliance of Department 
of Energy sites with the Design Basis Threat issued by the Depart-
ment in November 2005 (in this section referred to as the ‘‘2005 
Design Basis Threat’’). 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) For each Department of Energy site subject to the 
2005 Design Basis Threat, an assessment of whether the site 
has achieved compliance with the 2005 Design Basis Threat. 
(2) For each such site that has not achieved compliance 
with the 2005 Design Basis Threat— 
(A) a description of the reasons for the failure to 
achieve compliance; 
(B) a plan to achieve compliance; 
(C) a description of the actions that will be taken 
to mitigate any security shortfalls until compliance is 
achieved; and 
(D) an estimate of the annual funding requirements 
to achieve compliance. 
(3) A list of such sites with Category I nuclear materials 
that the Secretary determines will not achieve compliance with 
the 2005 Design Basis Threat. 
(4) For each site identified under paragraph (3), a plan 
to remove all Category I nuclear materials from such site, 
including— 
(A) a schedule for the removal of such nuclear mate-
rials from such site; 
(B) a clear description of the actions that will be taken 
to ensure the security of such nuclear materials; and 
(C) an estimate of the annual funding requirements 
to remove such nuclear materials from such site. 
(5) An assessment of the adequacy of the 2005 Design 
Basis Threat in addressing security threats at Department 
of Energy sites, and a description of any plans for updating, 
modifying, or otherwise revising the approach taken by the 
2005 Design Basis Threat to establish enhanced security 
requirements for Department of Energy sites. 
SEC. 3123. MODIFICATION OF SUBMITTAL OF REPORTS ON INAD-
VERTENT RELEASES OF RESTRICTED DATA. 
(a) IN GENERAL.—Section 4522 of the Atomic Energy Defense 
Act (50 U.S.C. 2672) is amended— 
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122 STAT. 4760 
PUBLIC LAW 110–417—OCT. 14, 2008 
(1) in subsection (e), by striking ‘‘on a periodic basis’’ and 
inserting ‘‘in each even-numbered year’’; and 
(2) in subsection (f), by striking paragraph (2) and inserting 
the following new paragraph (2): 
‘‘(2) The Secretary of Energy shall, in each even-numbered 
year beginning in 2010, submit to the committees and Assistant 
to the President specified in subsection (d) a report identifying 
any inadvertent releases of Restricted Data or Formerly Restricted 
Data under Executive Order No. 12958 discovered in the two- 
year period preceding the submittal of the report.’’. 
(b) TECHNICAL CORRECTION.—Subsection (e) of such section, 
as amended by subsection (a)(1) of this section, is further amended 
by striking ‘‘subsection (b)(4)’’ and inserting ‘‘subsection (b)(5)’’. 
TITLE XXXII—DEFENSE NUCLEAR 
FACILITIES SAFETY BOARD 
Sec. 3201. Authorization. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 2009, 
$25,499,000 for the operation of the Defense Nuclear Facilities 
Safety Board under chapter 21 of the Atomic Energy Act of 1954 
(42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NAVAL PETROLEUM 
RESERVE 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There is hereby authorized to be appropriated 
to the Secretary of Energy $19,099,000 for fiscal year 2009 for 
the purpose of carrying out activities under chapter 641 of title 
10, United States Code, relating to the naval petroleum reserves. 
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 
the authorization of appropriations in subsection (a) shall remain 
available until expended. 
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 Se-
curity Fleet. 
Sec. 3506. Temporary program authorizing contracts with adjunct professors at the 
United States Merchant Marine Academy and for other purposes. 
Sec. 3507. Actions to address sexual harassment and violence at the United States 
Merchant Marine Academy. 
Sec. 3508. Assistance for small shipyards and maritime communities. 
Sec. 3509. Marine war risk insurance. 
Sec. 3510. MarAd consultation on Jones Act Waivers. 
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122 STAT. 4761 
PUBLIC LAW 110–417—OCT. 14, 2008 
Sec. 3511. Transportation in American vessels of government personnel and certain 
cargoes. 
Sec. 3512. Port of Guam Improvement Enterprise Program. 
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
2009. 
Funds are hereby authorized to be appropriated for fiscal year 
2009, to be available without fiscal year limitation if so provided 
in appropriations Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows: 
(1) For expenses necessary for operations and training 
activities, $142,803,000, of which— 
(A) $79,858,000 shall remain available until expended 
for expenses at the United States Merchant Marine 
Academy, 
(B) $26,640,000 shall remain available until expended 
for capital improvements at the United States Merchant 
Marine Academy, and 
(C) $10,987,000 shall remain available until expended 
for maintenance and repair of school ships of the State 
Maritime Academies. 
(2) For expenses to maintain and preserve a United States- 
flag merchant fleet to serve the national security needs of 
the United States under chapter 531 of title 46, Unites States 
Code, $193,500,000, of which $19,500,000 will be available for 
costs associated with the maintenance reimbursement pilot pro-
gram under section 3517 of the Maritime Security Act of 2003 
(46 U.S.C. 53101 note). 
(3) For expenses to dispose of obsolete vessels in the 
National Defense Reserve Fleet, $18,000,000. 
(4) For the cost (as defined in section 502(5) of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees 
under the program authorized by chapter 537 of title 46, United 
States Code, $30,000,000. 
(5) For administrative expenses related to the implementa-
tion of the loan guarantee program under chapter 537 of title 
46, United States Code, administrative expenses related to 
implementation of the reimbursement program under section 
3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101 
note), and administrative expenses related to the implementa-
tion of the small shipyards and maritime communities assist-
ance program under section 54101 of title 46, United States 
Code, $6,000,000. 
SEC. 3502. LIMITATION ON EXPORT OF VESSELS OWNED BY THE 
GOVERNMENT OF THE UNITED STATES FOR THE PUR-
POSE OF DISMANTLING, RECYCLING, OR SCRAPPING. 
(a) IN GENERAL.—Except as provided in subsection (b), no vessel 
that is owned by the Government of the United States shall be 
approved for export to a foreign country for purposes of dismantling, 
recycling, or scrapping. 
(b) EXCEPTION.—Subsection (a) shall not apply with respect 
to a vessel if the Administrator of the Maritime Administration 
certifies to the Committee on Armed Services of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate that— 
(1) a compelling need for dismantling, recycling, or scrap-
ping the vessel exists; 
46 USC 57102 
note. 
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122 STAT. 4762 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) there is no available capacity in the United States 
to conduct the dismantling, recycling, or scrapping of the vessel; 
(3) any dismantling, recycling, or scrapping of the vessel 
in a foreign country will be conducted in full compliance with 
environmental, safety, labor, and health requirements for ship 
dismantling, recycling, or scrapping that are equivalent to the 
laws of the United States; and 
(4) the export of the vessel under this section will only 
be for dismantling, recycling, or scrapping of the vessel. 
(c) UNITED STATES DEFINED.—In this section the term ‘‘United 
States’’ means the States of the United States, Puerto Rico, and 
Guam. 
SEC. 3503. STUDENT INCENTIVE PAYMENT AGREEMENTS. 
Section 51509(b) of title 46, United States Code, is amended— 
(1) by striking ‘‘$4,000’’ and inserting ‘‘$8,000’’; 
(2) by inserting ‘‘tuition,’’ after ‘‘uniforms,’’; and 
(3) by inserting ‘‘before the start of each academic year’’ 
after ‘‘and be paid’’. 
SEC. 3504. RIDING GANG MEMBER REQUIREMENTS. 
Section 1018 of the John Warner National Defense Authoriza-
tion Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2380) 
is amended to read as follows: 
‘‘SEC. 1018. RIDING GANG MEMBER REQUIREMENTS. 
‘‘(a) IN GENERAL.—The Secretary of Defense may not award, 
renew, extend, or exercise an option to extend any charter of a 
vessel documented under chapter 121 of title 46, United States 
Code, for the Department of Defense, or any contract for the carriage 
of cargo by a vessel documented under that chapter for the Depart-
ment of Defense, unless the charter or contract, respectively, 
includes provisions that— 
‘‘(1) subject to paragraph (2), allow riding gang members 
to perform work on the vessel during the effective period of 
the charter or contract only under terms, conditions, restric-
tions, and requirements as provided in section 8106 of title 
46, United States Code; and 
‘‘(2) require that riding gang members hold a merchant 
mariner’s document issued under chapter 73 of title 46, United 
States Code, or a transportation security card issued under 
section 70105 of such title. 
‘‘(b) EXEMPTION.— 
‘‘(1) IN GENERAL.—In accordance with regulations issued 
by the Secretary of Defense, an individual shall not be treated 
as a riding gang member for the purposes of section 8106 
of title 46, United States Code, and this section if— 
‘‘(A) the individual is aboard a vessel that is under 
charter or contract for the carriage of cargo for the Depart-
ment of Defense, for purposes other than engaging in the 
operation or maintenance of the vessel; and 
‘‘(B) the individual— 
‘‘(i) accompanies, supervises, guards, or maintains 
unit equipment aboard a ship, commonly referred to 
as supercargo personnel; 
‘‘(ii) is one of the force protection personnel of 
the vessel; 
‘‘(iii) is a specialized repair technician; or 
10 USC 2401 
note. 
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122 STAT. 4763 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(iv) is otherwise required by the Secretary of 
Defense to be aboard the vessel. 
‘‘(2) BACKGROUND CHECK.— 
‘‘(A) IN GENERAL.—This section shall not apply to an 
individual unless— 
‘‘(i) the name and other necessary identifying 
information for the individual is submitted to the Sec-
retary for a background check; and 
‘‘(ii) except as provided in subparagraph (B), the 
individual successfully passes a background check by 
the Secretary prior to going aboard the vessel. 
‘‘(B) WAIVER.—The Secretary may waive the applica-
tion of subparagraph (A)(ii) for an individual who holds 
a merchant mariner’s document issued under chapter 73 
of title 46, United States Code, or a transportation security 
card issued under section 70105 of such title. 
‘‘(3) EXEMPTED INDIVIDUAL NOT TREATED AS IN ADDITION 
TO THE CREW.—An individual who, under paragraph (1), is 
not treated as a riding gang member shall not be counted 
as an individual in addition to the crew for the purposes of 
section 3304 of title 46, United States Code.’’. 
SEC. 3505. MAINTENANCE AND REPAIR REIMBURSEMENT PROGRAM 
FOR THE MARITIME SECURITY FLEET. 
Section 3517(a) of the Maritime Security Act of 2003 (46 U.S.C. 
53101 note; as amended by section 3503 of the National Defense 
Authorization Act for Fiscal Year 2006 (119 Stat. 3548)) is amended 
by adding at the end the following: 
‘‘(3) EXISTING OPERATING AGREEMENTS.—The Secretary of 
Transportation shall, subject to the availability of appropria-
tions, seek to enter into an agreement under this section with 
one or more contractors under an operating agreement under 
that chapter that is in effect on the date of the enactment 
of this paragraph, regarding maintenance and repair of all 
vessels that are subject to the operating agreement.’’. 
SEC. 3506. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH 
ADJUNCT PROFESSORS AT THE UNITED STATES MER-
CHANT MARINE ACADEMY AND FOR OTHER PURPOSES. 
(a) IN GENERAL.—The Maritime Administrator may establish 
a temporary program for the purpose of, subject to the availability 
of appropriations, contracting with individuals as personal services 
contractors to provide services as adjunct professors at the Academy, 
if the Maritime Administrator determines that there is a need 
for adjunct professors and the need is not of permanent duration. 
(b) CONTRACT REQUIREMENTS.—Each contract under the pro-
gram— 
(1) must be approved by the Maritime Administrator; 
(2) subject to paragraph (3), shall be for a duration, 
including options, of not to exceed one year unless the Maritime 
Administrator finds that exceptional circumstances justify an 
extension of up to one additional year; and 
(3) shall terminate not later than 6 months after the termi-
nation of contract authority under subsection (d). 
(c) LIMITATION
ON NUMBER
OF CONTRACTORS.—In awarding 
contacts under the program, the Maritime Administrator shall 
ensure that not more than 25 individuals actively provide services 
Termination 
date. 
46 USC 53101 
note. 
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122 STAT. 4764 
PUBLIC LAW 110–417—OCT. 14, 2008 
in any one academic trimester, or equivalent, as contractors under 
the program. 
(d) TERMINATION OF CONTRACTING AUTHORITY.—The authority 
to award contracts under the program shall terminate upon the 
end of the academic year 2008–2009. 
(e) EXISTING CONTRACTS.—Any contract entered into before the 
effective date of this section for the services of an adjunct professor 
at the Academy shall remain in effect for the trimester (or tri-
mesters) for which the services were contracted. 
(f) DEFINITIONS.—In this section: 
(1) ACADEMY.—The term ‘‘Academy’’ means the United 
States Merchant Marine Academy. 
(2) 
MARITIME
ADMINISTRATOR.—The 
term 
‘‘Maritime 
Administrator’’ means the Administrator of the Maritime 
Administration, or a designee of the Administrator. 
(3) PROGRAM.—The term ‘‘program’’ means the program 
established under subsection (a). 
(g) GIFTS TO THE ACADEMY.— 
(1) IN GENERAL.—Chapter 513 of title 46, United States 
Code, is amended by adding at the end thereof the following: 
‘‘§ 51315. Gifts to the Merchant Marine Academy 
‘‘(a) IN GENERAL.—The Maritime Administrator may accept 
and use conditional or unconditional gifts of money or property 
for the benefit of the United States Merchant Marine Academy, 
including acceptance and use for non-appropriated fund instrumen-
talities of the Merchant Marine Academy. The Maritime Adminis-
trator may accept a gift of services in carrying out the Administra-
tor’s duties and powers. Property accepted under this section and 
proceeds from that property must be used, as nearly as possible, 
in accordance with the terms of the gift. 
‘‘(b) ESTABLISHMENT OF ACADEMY GIFT FUND.—There is estab-
lished in the Treasury a fund, to be known as the ‘Academy Gift 
Fund’. Disbursements from the Fund shall be made on order of 
the Maritime Administrator. Unless otherwise specified by the 
terms of the gift, the Maritime Administrator may use monies 
in the Fund for appropriated or non-appropriated purposes at the 
Academy. The Fund consists of— 
‘‘(1) gifts of money; 
‘‘(2) income from donated property accepted under this 
section; 
‘‘(3) proceeds from the sale of donated property; and 
‘‘(4) income from securities under subsection (c) of this 
section. 
‘‘(c) INVESTMENT OF FUND BALANCES.—On request of the Mari-
time Administrator, the Secretary of the Treasury may invest and 
reinvest amounts in the Fund in securities of, or in securities 
the principal and interest of which is guaranteed by, the United 
States Government. 
‘‘(d) DISBURSEMENT AUTHORITY.—There are hereby authorized 
to be disbursed from the Fund such sums as may be on deposit, 
to remain available until expended. 
‘‘(e) DEDUCTIBILITY OF GIFTS.—Gifts accepted under this section 
are a gift to or for the use of the Government under the Internal 
Revenue Code of 1986.’’. 
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122 STAT. 4765 
PUBLIC LAW 110–417—OCT. 14, 2008 
(2) CONFORMING AMENDMENT.—The chapter analysis for 
chapter 513 of title 46, United States Code, is amended by 
adding at the end the following: 
‘‘51315. Gifts to the Merchant Marine Academy.’’. 
(h) TEMPORARY APPOINTMENTS TO THE ACADEMY.— 
(1) IN GENERAL.—Chapter 513 of title 46, United States 
Code, as amended by section 3513 of this Act, is further 
amended by adding at the end thereof the following: 
‘‘§ 51316. Temporary appointments to the Academy 
‘‘Notwithstanding any other provision of law, the Maritime 
Administrator may appoint any present employee of the United 
States 
Merchant 
Marine 
Academy 
non-appropriated 
fund 
instrumentality to a position on the General Schedule of comparable 
pay. Eligible personnel shall be engaged in work permissibly funded 
by annual appropriations, and such appointments to the Civil 
Service shall be without regard to competition, for a term not 
to exceed 2 years.’’. 
(2) CONFORMING AMENDMENT.—The chapter analysis for 
chapter 513 of title 46, United States Code, as amended by 
section 3513 of this Act, is further amended by adding at 
the end the following: 
‘‘51316. Temporary appointments to the Academy.’’. 
SEC. 
3507. 
ACTIONS 
TO 
ADDRESS 
SEXUAL 
HARASSMENT 
AND 
VIOLENCE AT THE UNITED STATES MERCHANT MARINE 
ACADEMY. 
(a) REQUIRED POLICY.—The Secretary of Transportation shall 
direct the Superintendent of the United States Merchant Marine 
Academy to prescribe a policy on sexual harassment and sexual 
violence applicable to the cadets and other personnel of the 
Academy. 
(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 
harassment and sexual violence prescribed under this section shall 
include— 
(1) a program to promote awareness of the incidence of 
rape, acquaintance rape, and other sexual offenses of a criminal 
nature that involve cadets or other Academy personnel; 
(2) procedures that a cadet should follow in the case of 
an occurrence of sexual harassment or sexual violence, 
including— 
(A) a specification of the person or persons to whom 
an alleged occurrence of sexual harassment or sexual 
violence should be reported by a cadet and the options 
for confidential reporting; 
(B) a specification of any other person whom the victim 
should contact; and 
(C) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault; 
(3) a procedure for disciplinary action in cases of alleged 
criminal sexual assault involving a cadet or other Academy 
personnel; 
(4) any other sanction authorized to be imposed in a 
substantiated case of sexual harassment or sexual violence 
46 USC 51301 
note. 
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122 STAT. 4766 
PUBLIC LAW 110–417—OCT. 14, 2008 
involving a cadet or other Academy personnel in rape, acquaint-
ance rape, or any other criminal sexual offense, whether forcible 
or nonforcible; and 
(5) required training on the policy for all cadets and other 
Academy personnel, including the specific training required 
for personnel who process allegations of sexual harassment 
or sexual violence involving Academy personnel. 
(c) ANNUAL ASSESSMENT.— 
(1) The Secretary shall direct the Superintendent to conduct 
an assessment at the Academy during each Academy program 
year, to be administered by the Department of Transportation, 
to determine the effectiveness of the policies, training, and 
procedures of the Academy with respect to sexual harassment 
and sexual violence involving Academy personnel. 
(2) For the assessment at the Academy under paragraph 
(1) with respect to an Academy program year that begins in 
an odd-numbered calendar year, the Superintendent shall con-
duct a survey, to be administered by the Department, of 
Academy personnel— 
(A) to measure— 
(i) the incidence, during that program year, of 
sexual harassment and sexual violence events, on or 
off the Academy reservation, that have been reported 
to officials of the Academy; and 
(ii) the incidence, during that program year, of 
sexual harassment and sexual violence events, on or 
off the Academy reservation, that have not been 
reported to officials of the Academy; and 
(B) to assess the perceptions of Academy personnel 
of— 
(i) the policies, training, and procedures on sexual 
harassment and sexual violence involving Academy 
personnel; 
(ii) the enforcement of such policies; 
(iii) the incidence of sexual harassment and sexual 
violence involving Academy personnel; and 
(iv) any other issues relating to sexual harassment 
and sexual violence involving Academy personnel. 
(d) ANNUAL REPORT.— 
(1) The Secretary shall direct the Superintendent of the 
Academy to submit to the Secretary a report on sexual harass-
ment and sexual violence involving cadets or other personnel 
at the Academy for each Academy program year. 
(2) Each report under paragraph (1) shall include, for the 
Academy program year covered by the report, the following: 
(A) The number of sexual assaults, rapes, and other 
sexual offenses involving cadets or other Academy per-
sonnel that have been reported to Academy officials during 
the program year and, of those reported cases, the number 
that have been substantiated. 
(B) The policies, procedures, and processes imple-
mented by the Superintendent and the leadership of the 
Academy in response to sexual harassment and sexual 
violence involving cadets or other Academy personnel 
during the program year. 
(C) A plan for the actions that are to be taken in 
the following Academy program year regarding prevention 
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122 STAT. 4767 
PUBLIC LAW 110–417—OCT. 14, 2008 
of and response to sexual harassment and sexual violence 
involving cadets or other Academy personnel. 
(3) Each report under paragraph (1) for an Academy pro-
gram year that begins in an odd-numbered calendar year shall 
include the results of the survey conducted in that program 
year under subsection (c)(2). 
(4)(A) The Superintendent shall transmit to the Secretary, 
and to the Board of Visitors of the Academy, each report 
received by the Superintendent under this subsection, together 
with the Superintendent’s comments on the report. 
(B) The Secretary shall transmit each such report, together 
with the Secretary’s comments on the report, to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure. 
SEC. 3508. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME 
COMMUNITIES. 
(a) IN GENERAL.—Title 46, United States Code, is amended 
by inserting the following new chapter after chapter 539: 
‘‘CHAPTER 541—MISCELLANEOUS 
‘‘Sec 
‘‘54101. Assistance for small shipyards and maritime communities 
‘‘§ 54101. Assistance for small shipyards and maritime 
communities 
‘‘(a) ESTABLISHMENT OF PROGRAM.—Subject to the availability 
of appropriations, the Administrator of the Maritime Administration 
shall execute agreements with shipyards to provide assistance— 
‘‘(1) in the form of grants, loans, and loan guarantees 
to small shipyards for capital improvements; and 
‘‘(2) for maritime training programs to foster technical skills 
and operational productivity in communities whose economies 
are related to or dependent upon the maritime industry. 
‘‘(b) AWARDS.—In providing assistance under the program, the 
Administrator shall— 
‘‘(1) take into account— 
‘‘(A) the economic circumstances and conditions of 
maritime communities; 
‘‘(B) projects that would be effective in fostering effi-
ciency, competitive operations, and quality ship construc-
tion, repair, and reconfiguration; and 
‘‘(C) projects that would be effective in fostering 
employee skills and enhancing productivity; and 
‘‘(2) make grants within 120 days after the date of enact-
ment of the appropriations Act for the fiscal year concerned. 
‘‘(c) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Assistance provided under this section 
may be used— 
‘‘(A) to make capital and related improvements in small 
shipyards located in or near maritime communities; 
‘‘(B) to provide training for workers in communities 
whose economies are related to the maritime industry; 
and 
Grants. 
Deadline. 
Contracts. 
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122 STAT. 4768 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(C) for such other purposes as the Administrator 
determines to be consistent with and supplemental to such 
activities. 
‘‘(2) ADMINISTRATIVE COSTS.—Not more than 2 percent of 
amounts made available to carry out the program may be 
used for the necessary costs of grant administration. 
‘‘(d) PROHIBITED USES.—Grants awarded under this section may 
not be used to construct buildings or other physical facilities or 
to acquire land unless such use is specifically approved by the 
Administrator in support of subsection (c)(1)(C). 
‘‘(e) MATCHING REQUIREMENTS; ALLOCATION.— 
‘‘(1) FEDERAL FUNDING.—Except as provided in paragraph 
(2), Federal funds for any eligible project under this section 
shall not exceed 75 percent of the total cost of such project. 
‘‘(2) EXCEPTION.—If the Administrator determines that a 
proposed project merits support and cannot be undertaken with-
out a higher percentage of Federal financial assistance, the 
Administrator may award a grant for such project with a lesser 
matching requirement than is described in paragraph (1). 
‘‘(3) ALLOCATION OF FUNDS.—The Administrator may not 
award more than 25 percent of the funds appropriated to carry 
out this section for any fiscal year to any small shipyard in 
one geographic location that has more than 600 employees. 
‘‘(f) APPLICATIONS.— 
‘‘(1) IN GENERAL.—To be eligible for assistance under this 
section, an applicant shall submit an application, in such form, 
and containing such information and assurances as the 
Administrator may require, within 60 days after the date of 
enactment of the appropriations Act for the fiscal year con-
cerned. 
‘‘(2) MINIMUM
STANDARDS
FOR
PAYMENT
OR
REIMBURSE-
MENT.—Each application submitted under paragraph (1) shall 
include— 
‘‘(A) a comprehensive description of— 
‘‘(i) the need for the project; 
‘‘(ii) the methodology for implementing the project; 
and 
‘‘(iii) any existing programs or arrangements that 
can be used to supplement or leverage assistance under 
the program. 
‘‘(3) PROCEDURAL SAFEGUARDS.—The Administrator, in con-
sultation with the Office of the Inspector General, shall issue 
guidelines to establish appropriate accounting, reporting, and 
review procedures to ensure that— 
‘‘(A) grant funds are used for the purposes for which 
they were made available; 
‘‘(B) grantees have properly accounted for all expendi-
tures of grant funds; and 
‘‘(C) grant funds not used for such purposes and 
amounts not obligated or expended are returned. 
‘‘(4) PROJECT APPROVAL REQUIRED.—The Administrator may 
not award a grant under this section unless the Administrator 
determines that— 
‘‘(A) sufficient funding is available to meet the 
matching requirements of subsection (e); 
‘‘(B) the project will be completed without unreasonable 
delay; and 
Guidelines. 
Deadline. 
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122 STAT. 4769 
PUBLIC LAW 110–417—OCT. 14, 2008 
‘‘(C) the recipient has authority to carry out the pro-
posed project. 
‘‘(g) AUDITS AND EXAMINATIONS.—All grantees under this sec-
tion shall maintain such records as the Administrator may require 
and make such records available for review and audit by the 
Administrator. 
‘‘(h) SMALL SHIPYARD DEFINED.—In this section, the term ‘small 
shipyard’ means a shipyard facility in one geographic location that 
does not have more than 1,200 employees. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Administrator of the Maritime Administra-
tion for each of fiscal years 2009 through 2013 to carry out this 
section— 
‘‘(1) $5,000,000 for training grants; and 
‘‘(2) $25,000,000 for capital and related improvements.’’. 
(b) CONFORMING AMENDMENT.—Section 3506 of the National 
Defense Authorization Act for Fiscal Year 2006 (46 U.S.C. 53101 
note) is repealed. 
SEC. 3509. MARINE WAR RISK INSURANCE. 
Section 53912 of title 46, United States Code, is amended 
by striking ‘‘December 31, 2010.’’ and inserting ‘‘December 31, 
2015.’’. 
SEC. 3510. MARAD CONSULTATION ON JONES ACT WAIVERS. 
Section 501(b) of title 46, United States Code, is amended 
to read as follows: 
‘‘(b) BY HEAD OF AGENCY.—When the head of an agency respon-
sible for the administration of the navigation or vessel-inspection 
laws considers it necessary in the interest of national defense, 
the individual, following a determination by the Maritime Adminis-
trator, acting in the Administrator’s capacity as Director, National 
Shipping Authority, of the non-availability of qualified United 
States flag capacity to meet national defense requirements, may 
waive compliance with those laws to the extent, in the manner, 
and on the terms the individual, in consultation with the Adminis-
trator, acting in that capacity, prescribes.’’. 
SEC. 3511. TRANSPORTATION IN AMERICAN VESSELS OF GOVERNMENT 
PERSONNEL AND CERTAIN CARGOES. 
(a) IN GENERAL.—Section 55305(b) of title 46, United States 
Code, is amended— 
(1) by striking ‘‘country’’ and inserting ‘‘country, organiza-
tion, or persons’’; 
(2) by inserting ‘‘or obtaining’’ after ‘‘furnishing’’; and 
(3) by striking ‘‘commodities,’’ the first place it appears 
and inserting ‘‘commodities, or provides financing in any way 
with Federal funds for the account of any persons unless other-
wise exempted,’’. 
(b) OTHER AGENCIES.—Section 55305(d) of title 46, United 
States Code, is amended to read as follows: 
‘‘(d) PROGRAMS OF OTHER AGENCIES.— 
‘‘(1) Each department or agency that has responsibility 
for a program under this section shall administer that program 
with respect to this section under regulations and guidance 
issued by the Secretary of Transportation. The Secretary, after 
consulting with the department or agency or organization or 
46 USC 54101. 
Records. 
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122 STAT. 4770 
PUBLIC LAW 110–417—OCT. 14, 2008 
person involved, shall have the sole responsibility for deter-
mining if a program is subject to the requirements of this 
section. 
‘‘(2) The Secretary— 
‘‘(A) shall conduct an annual review of the administra-
tion of programs determined pursuant to paragraph (1) 
as subject to the requirements of this section; 
‘‘(B) may direct agencies to require the transportation 
on United States-flagged vessels of cargo shipments not 
otherwise subject to this section in equivalent amounts 
to cargo determined to have been shipped on foreign car-
riers in violation of this section; 
‘‘(C) may impose on any person that violates this sec-
tion, or a regulation prescribed under this section, a civil 
penalty of not more than $25,000 for each violation willfully 
and knowingly committed, with each day of a continuing 
violation following the date of shipment to be a separate 
violation; and 
‘‘(D) may take other measures as appropriate under 
the Federal Acquisition Regulations issued pursuant to 
section 25(c)(1) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 421(c)(1) or contract with respect to each 
violation.’’. 
(c) REGULATIONS.—The Secretary of Transportation shall pre-
scribe such rules as are necessary to carry out section 55305(d) 
of title 46, United States Code. The Secretary may prescribe interim 
rules necessary to carry out section 55305(d) of such title. An 
interim rule prescribed under this subsection shall remain in effect 
until superseded by a final rule. 
(d) CHANGE
OF YEAR.—Section 55314(a) of title 46, United 
States Code, is amended by striking ‘‘calendar’’ each place it appears 
and inserting ‘‘fiscal’’. 
SEC. 3512. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation, acting 
through the Administrator of the Maritime Administration (in this 
section referred to as the ‘‘Administrator’’), may establish a Port 
of Guam Improvement Enterprise Program (in this section referred 
to as the ‘‘Program’’) to provide for the planning, design, and 
construction of projects for the Port of Guam to improve facilities, 
relieve port congestion, and provide greater access to port facilities. 
(b) AUTHORITIES OF THE ADMINISTRATOR.—In carrying out the 
Program, the Administrator may— 
(1) receive funds provided for the Program from Federal 
and non-Federal entities, including private entities; 
(2) provide for coordination among appropriate govern-
mental agencies to expedite the review process under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) for projects carried out under the Program; 
(3) provide for coordination among appropriate govern-
mental agencies in connection with other reviews and require-
ments applicable to projects carried out under the Program; 
and 
(4) provide technical assistance to the Port Authority of 
Guam (and its agents) as needed for projects carried out under 
the Program. 
(c) PORT OF GUAM IMPROVEMENT ENTERPRISE FUND.— 
48 USC 1421r. 
46 USC 55305 
note. 
Review. 
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122 STAT. 4771 
PUBLIC LAW 110–417—OCT. 14, 2008 
LEGISLATIVE HISTORY—S. 3001 (H.R. 5658): 
HOUSE REPORTS: No. 110–652 and Pt. 2 accompanying H.R. 5658 (both from 
Comm. on Armed Services). 
SENATE REPORTS: No. 110–335 (Comm. on Armed Services). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Sept. 9–12, 15–17, considered and passed Senate. 
Sept. 24, considered and passed House, amended. 
Sept. 27, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 
Oct. 14, Presidential statement. 
(1) ESTABLISHMENT.—There is established in the Treasury 
of the United States a separate account to be known as the 
‘‘Port of Guam Improvement Enterprise Fund’’ (in this section 
referred to as the ‘‘Fund’’). 
(2) DEPOSITS.—There shall be deposited into the Fund— 
(A) amounts received by the Administrator from Fed-
eral and non-Federal sources under subsection (b)(1); 
(B) amounts transferred to the Administrator under 
subsection (d); and 
(C) amounts appropriated to carry out this section 
under subsection (f). 
(3) USE OF AMOUNTS.—Amounts in the Fund shall be avail-
able to the Administrator to carry out the Program. 
(4) ADMINISTRATIVE EXPENSES.—Not to exceed 3 percent 
of the amounts appropriated to the Fund for a fiscal year 
may be used for administrative expenses of the Administrator. 
(5) AVAILABILITY OF AMOUNTS.—Amounts in the Fund shall 
remain available until expended. 
(d) TRANSFERS OF AMOUNTS.—Amounts appropriated or other-
wise made available for any fiscal year for an intermodal or marine 
facility comprising a component of the Program shall be transferred 
to and administered by the Administrator. 
(e) LIMITATION.—Nothing in this section shall be construed 
to authorize amounts made available under section 215 of title 
23, United States Code, or any other amounts made available 
for the construction of highways or amounts otherwise not eligible 
for making port improvements to be deposited into the Fund. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Fund such sums as may be necessary 
to carry out this section 
Approved October 14, 2008. 
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