[Pages H8718-H9081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

JOINT EXPLANATORY STATEMENT SUBMITTED BY MR. SKELTON, CHAIRMAN OF THE
COMMITTEE ON ARMED SERVICES, REGARDING THE AMENDMENT OF THE HOUSE OF
REPRESENTATIVES TO S. 3001

The Chairman of the Committee on Armed Services of the
House of Representatives offers an amendment to S. 3001, the
National Defense Authorization Act for Fiscal Year 2009, as
received in the House on September 18, 2008. The amendment
consists of an agreement between the managers of the bill in
the

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House of Representatives and the Senate on the reconciliation
of H.R. 5658 and S. 3001, as passed by the respective
chambers from which each bill originated. This agreement is
memorialized in the offered amendment and described in the
remainder of this Joint Explanatory Statement submitted on
behalf of Mr. Skelton and Mr. Hunter for the House Committed
on Armed Services and Mr. Levin and Mr. Warner for the Senate
Committee on Armed Services.
Although not required by the Rules of the House of
Representatives and the Senate, the Joint Explanatory
Statement includes the disclosure of member earmarks and
congressionally directed spending items as defined in clause
9 of rule XXI of the Rules of the House of Representatives
and rule XLIV of the Standing Rules of the Senate.
In this statement, the provisions of H.R. 5658, the House
passed version of the National Defense Authorization Act for
Fiscal Year 2009, are generally referred to as ``the House
bill.'' The provisions of S. 3001, the Senate passed version
of the National Defense Authorization Act for Fiscal Year
2009, are generally referred to as ``the Senate bill.'' The
final form of the agreements reached during an informal
conference between the managers of the bill in the House and
the Senate are referred to as ``the agreement.''
The House amendment strikes the text of the S. 3001 and
inserts the Duncan Hunter National Defense Authorization Act
for Fiscal Year 2009, as amended by the agreement between the
managers of H.R. 5658 and S. 3001, as passed by the
respective chambers from which each bill originated.
This Joint Explanatory Statement fulfills the authority
granted to the Chairman of the Committee on Armed Services by
H. Res. 1476 to file explanatory material for the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009. Mr. Skelton, the Chairman of the Committee on Armed
Services, does not intend to file any additional material
pursuant to H. Res. 1476 beyond this Joint Explanatory
Statement.
Submitted by Mr. Skelton, Chairman of the House Committee
on Armed Services (for himself, Mr. Hunter, ranking Member of
the House Committee on Armed Services, Mr. Levin, Chairman of
the Senate Committee on Armed Services and Mr. Warner, Acting
Ranking Member of the Senate Committee on Armed Services).

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CONGRESSIONAL DEFENSE COMMITTEES

The term ``congressional defense committees'' is often used
in this joint explanatory statement. It means the Defense
Authorization and Appropriations Committees of the Senate and
the House of Representatives.

DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I--PROCUREMENT

Procurement overview
The budget request for fiscal year 2009 included an
authorization of $102,694.3 million for procurement for the
Department of Defense.
The House bill would authorize $102,711.9 million.
The Senate bill would authorize $104,168.5 million.
The agreement recommends an authorization of $103,969.9
million. Unless noted explicitly in the joint explanatory
statement, all changes are made without prejudice.

Budget Items

Shipbuilding
The budget request contained $2.5 billion for the third
DDG-1000 class destroyer, $103.2 million for close out costs
associated with discontinuing the LPD-17 amphibious ship
production line, and no funding for the DDG-51 class program
which had ceased new production funding with the three ships
bought in fiscal year 2005. Additionally, the budget request
contained $920.0 million for two Littoral Combat Ships (LCS)
and $348.3 million in the National Defense Sealift Fund
(NDSF) designated for advance procurement for the first of a
class of Maritime Preposition Force-Future (MPF(F)) aviation
vessels.
The agreement would authorize full funding for the third
DDG-1000 class destroyer without prejudice to any potential
future Department of Defense decision to truncate the DDG-
1000 class acquisition program in favor of a return to DDG-51
class destroyers.

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However, the agreement would authorize $349.0 million for
surface ship advance procurement which would permit the Navy
to acquire major spares for DDG-51 destroyers or buy advance
procurement should the Secretary of Defense determine that
there is a validated requirement to produce more of these
ships.
The agreement also would authorize $600.0 million in
advance procurement to extend the LPD-17 amphibious
acquisition program to a total of 11 ships. The Marine Corps
considers the tenth and eleventh ships of this class to be
vital to the future expeditionary force.
The agreement would authorize the budget request of $920.0
million for two LCS vessels. Elsewhere in the agreement, we
recommend a provision that would delay implementation of the
cost cap for the LCS program until fiscal year 2010. We note
that the Navy has taken delivery of the first ship of this
class and anticipates taking delivery of the second by the
end of the calendar year. While these are significant
milestones, we remain concerned that the Navy has not taken
sufficient actions to control costs for follow-on vessels.
Moreover, in repeated testimony before the Committees on
Armed Services of the Senate and the House of
Representatives, we have been told that a primary benefit of
utilizing mid-tier shipyards is that such yards can easily
balance commercial and government workload to ensure that the
Navy does not have to pay overhead costs to maintain
capability during periods of limited government funding.
Nevertheless, the Navy has requested, for the second year in
a row, an adjustment to the cost cap in order to preserve
industrial capability because the Navy is unable to purchase
a ship at or below its budgetary estimate and lacks a
coherent acquisition strategy for the program. We strongly
encourage the Navy to take steps to procure follow-on vessels
with required warfighting capability, while prioritizing the
aggressive management of cost and the most efficient
utilization of the industrial base. Likewise, we direct the
Secretary to develop and submit to the Congress a long-term
acquisition strategy for LCS vessels with the submission of
the fiscal year 2010 budget request.
Finally, consistent with a change in the definition of the
vessels appropriately funded within the NDSF, the agreement
would transfer $348.3 million from the NDSF to the
Shipbuilding and Conversion, Navy (SCN) account to buy MPF(F)
vessels which are non-combatant versions of assault echelon
vessels of the Navy's amphibious force.

Items of Special Interest

Intelligence, surveillance, and reconnaissance task force
The Senate report (110-335) accompanying S. 3001 included
recommendations for authorization of funding and direction
for multiple programs and activities to immediately
strengthen intelligence, surveillance, and reconnaissance
(ISR) capabilities for deployed forces. Since the publication
of that report, the Secretary of Defense established an ISR
Task Force to recommend immediate actions to field additional
capabilities. The Secretary of Defense subsequently submitted
a prior-approval reprogramming request to the Congress of
$1.2 billion for fiscal year 2008 (which Congress approved),
and indicated that another $1.4 billion or more would be
requested for fiscal year 2009.
We applaud the Secretary's decisive action. However, based
on past experience with countering improvised explosive
devices and fielding large numbers of Mine-Resistant Ambush
Protected armored vehicles, we are concerned that the
Department of Defense will encounter difficulties in
executing the approved initiatives as rapidly as needed
unless the Department establishes a high-level organization
and process to manage, oversee, and report regularly to the
Secretary on the initiative. In addition, we expect that
additional requirements for immediate ISR support will arise,
suggesting the need for sustaining an organization and
process for evaluating theater needs and potential solutions.
Therefore, we urge the Secretary of Defense to create and
sustain an organization, led by a senior official, to manage
the implementation of the ISR initiatives and to evaluate and
make recommendations to the Secretary on new ISR requirements
as they arise. We request that the Secretary submit a report
to the congressional defense and intelligence committees
within 30 days of the date of enactment on the Secretary's
plans for managing the multi-billion dollar ISR enhancement
effort.

LEGISLATIVE PROVISIONS ADOPTED

Subtitle A--Authorization of Appropriations

Authorization of appropriations (secs. 101-105)
The House bill contained provisions (secs. 101-106) that
would authorize the recommended fiscal year 2009 funding
levels for procurement for the Army, Navy, Marine Corps, Air
Force, Defense-wide activities, and National Guard and
reserve equipment.
The Senate bill contained provisions (secs. 101-104) that
would authorize the recommended fiscal year 2009 funding
levels for procurement for the Army, Navy, Marine Corps, Air
Force, and Defense-wide activities.
The agreement includes the House provisions with technical
amendments.

Subtitle B--Army Programs

Separate procurement line items for Future Combat Systems
program (sec. 111)
The House bill contained a provision (sec. 111) that would
require, beginning with the fiscal year 2010 President's
budget request, separate procurement lines for five classes
of equipment planned for procurement under the Future Combat
Systems (FCS) program. These classes would be FCS manned
ground vehicles, FCS unmanned ground vehicles, FCS unmanned
aerial vehicles, FCS unattended ground systems, and other FCS
elements.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the use of dedicated procurement
line items for the FCS program beginning with the Fiscal Year
2011 President's Budget Request submitted to Congress under
section 1105(a) of title 31, United States Code.
Clarification of status of Future Combat Systems program lead
system integrator (sec. 112)
The House bill contained a provision (sec. 112) that would
prohibit the Army from awarding a contract for low-rate
initial production or full-rate production for major elements
of the Future Combat Systems (FCS) program to entities
serving in the role of a lead systems integrator for the FCS
program.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would amend section 802 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) to clarify the prime contractor for the Future
Combat Systems program is a lead system integrator under such
section and will remain so until 45 days after the Secretary
of the Army certifies in writing that such contractor is no
longer serving as a lead system integrator. The specific
functions performed by the prime contractor for the FCS
program under the current FCS program contract, including
major roles in system and subsystem integration, requirements
definition, program scope adjustments, and program
management, constitute ``acquisition functions closely
associated with inherently governmental functions'' for the
purposes of this provision. The provision would also clarify
the definition of ``new contract'' to include certain FCS
contract modifications.
Restriction on obligation of funds for Army tactical radio
pending report (sec. 113)
The House bill contained a provision (sec.113) that would
restrict obligation of 25 percent of the total funds
authorized for Army tactical radio systems pending a report
on Army tactical radio system fielding plans from the
Assistant Secretary for Defense for Networks and Information
Integration.
The Senate bill contained no similar provision.
The agreement includes the House provision with a technical
amendment.
The agreement specifies that the restriction on obligation
of funds in paragraph (b) of the provision refers only to
Army radios procured through the following Other Procurement,
Army budget lines: ``SINCGARS family,'' and ``Radio, Improved
HF (COTS) family.''
Restriction on obligation of procurement funds for Armed
Reconnaissance Helicopter program pending certification
(sec. 114)
The House bill contained a provision (sec. 114) that would
limit the obligation of funds for the Armed Reconnaissance
Helicopter (ARH) for fiscal year 2009 to not more than 20
percent of the authorized amounts until 30 days after the
Under Secretary of Defense for Acquisition, Technology, and
Logistics (USD-ATL) certifies to the congressional defense
committees that the ARH has satisfactorily completed a
Limited User Test and has been approved by the USD-ATL to
enter production.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would add requirements for the ARH program to
achieve certification as required by section 2433 of title
10, United States Code, and restructuring of its acquisition
strategy.
Stryker Mobile Gun System (sec. 115)
The Senate bill contained a provision (sec.111) that would
require the Secretary of Defense, through the Director of
Operational Test and Evaluation (DOT&E), to ensure that
the Stryker Mobile Gun System (MGS) is subject to testing
to confirm the efficacy of any actions taken to mitigate
operational deficiencies identified in Initial Operational
Test and Evaluation and Live Fire Test and Evaluation. The
provision would also require the Secretary of the Army to
provide quarterly updates to the congressional defense
committees on the status of the corrective measures and
expand section 117(a) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181) to future fiscal years.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment that updates the provision based on
developments relating to the program since Senate committee
action.
We remain concerned by the Army's deployment of low-rate
initial production Stryker MGS vehicles to Iraq given the
performance and survivability issues noted during testing and
urge the Army to take the

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actions necessary to ensure Stryker MGS vehicles meet all
requirements before deploying any additional Stryker MGS
vehicles to theater.

Subtitle C--Navy Programs

Refueling and complex overhaul of the U.S.S. Theodore
Roosevelt (sec. 121)
The House bill contained a provision (sec. 121) that would
provide a one-time exemption to the normal full funding
policy to allow for contracting of a 3 year incrementally-
funded aircraft carrier refueling complex overhaul (RCOH)
from the Shipbuilding and Conversion, Navy (SCN) account.
This language would provide the Navy with the authority to
commence the refueling overhaul in fiscal year 2009.
The Senate bill contained a similar provision (sec. 132).
The agreement includes a provision incorporating this one-
time exemption.
Littoral Combat Ship (LCS) program (sec. 122)
The House bill contained a provision (sec. 123) that would
amend section 124 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163), as amended by
section 125 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181), to permit the
Secretary of the Navy to make adjustments in the cost cap for
the Littoral Combat Ship (LCS) to reflect: (1) economic
inflation, up to a total of $10.0 million per ship; and (2)
cost increases or decreases for insertion of new technology,
owing to lower life cycle costs or increased capability
required to meet emerging threats.
The Senate bill contained no similar provision.
The agreement includes a provision that would amend section
125 of the National Defense Authorization Act for Fiscal Year
2008 to delay implementation of the existing cost cap until
fiscal year 2010.
Report on F/A-18 procurement costs, comparing multiyear to
annual (sec. 123)
The House bill contained a provision (sec. 124) that would
require the Secretary of Defense to submit a report on F/A-18
procurement, comparing multiyear procurement costs to those
of annual procurements. The provision would also authorize
the Secretary of the Navy to obligate up to $100.0 million
from within F/A-18 procurement funds to pay for cost
reduction initiatives, either for single year procurement or
multiyear procurement.
The Senate bill contained no similar provision.
The agreement includes a requirement that the Secretary of
Defense submit a report comparing F/A-18 annual and multiyear
procurement alternatives, and that he submit appropriate
certifications required by section 2306b of title 10, United
States Code if he finds that a multiyear procurement is the
preferable alternative.
Authority for advanced procurement and construction of
components for the Virginia-class submarine program (sec.
124)
The Senate bill contained a provision (sec. 131) that would
modify the multiyear authority provided in section 121 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181).
The House bill contained no similar provision.
The agreement includes the Senate provision.

Subtitle D--Air Force Programs

Maintenance of retired KC-135E aircraft (sec. 131)
The House bill contained a provision (sec. 132) that would
require the Secretary of the Air Force to maintain a minimum
of 46 KC-135E tanker aircraft in Type-1000 storage, rather
than all of those KC-135E tanker aircraft that have been or
would be retired under section 135(b) of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364).
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that requires the Secretary of the Air Force
maintain at least 74 aircraft in Type-1000 storage.
Repeal of multi-year contract authority for procurement of
tanker aircraft (sec. 132)
The House bill contained a provision (sec. 133) that would
repeal section 135 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136) that, among other
things, authorized multi-year procurement of up to 80
aircraft as part of a tanker leasing pilot program to acquire
100 tanker aircraft, with 20 coming from a long-term lease.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Report on processes used for requirements development for KC-
(X) tanker aircraft (sec. 133)
The House bill contained a provision (sec. 134) that would
require the Secretary of the Air Force to report on: (1) an
evaluation of the process for deriving KC-(X) requirements;
(2) the justification for using the KC-135R as the
comparative baseline for the KC-(X) competition; and (3) and
evaluation of potential aerial refueling platforms derived
from commercial aircraft in the range of maximum gross take-
off weights from 750,000 to 1,000,000 pounds.
The Senate bill contained no similar provision.
The agreement includes the House provision amended to
require the Secretary of Defense to report on:
(1) an examination of the requirements for aerial
refueling, including an explanation for the use of the KC-
135R as the baseline for the last KC-(X) solicitation; and
(2) a summary of commercial derivative or commercial, off-
the-shelf aircraft available for use as potential aerial
refueling platforms using aerial refueling capabilities
within the capability bands identified within the KC-(X)
Analysis of Alternatives.
The agreement also includes a requirement that the
Secretary of Defense reassess the requirements for aerial
refueling that have been most recently validated by the Joint
Requirements Oversight Council, and submit the complete
results of that reassessment to the congressional defense
committees.
F-22A fighter aircraft (sec. 134)
The Senate bill contained a provision (sec. 151) that would
authorize $497.0 million for Aircraft Procurement, Air Force
(APAF) for either (1) advance procurement for F-22A aircraft
in fiscal year 2010; or (2) winding down the production line
for F-22A aircraft. The next President of the United States
would have to decide which alternative would be in the best
interests of the Nation and submit a certification of that
decision to the congressional defense committees before any
of these funds could be spent.
The House bill contained no similar provision.
The agreement authorizes $523.0 million in APAF for advance
procurement for the F-22A aircraft. The agreement also
includes a provision that would prohibit obligating more than
$140.0 million of those funds until the next President of the
United States: (1) decides whether continuing F-22 production
or terminating production would be in the best interests of
the Nation; and (2) submits a certification of that decision
before March 1, 2009, to the congressional defense
committees.

Subtitle E-Joint and Multiservice Matters

Annual long-term plan for the procurement of aircraft for the
Navy and the Air Force (sec. 141)
The Senate bill contained a provision (sec. 171) that would
require the Secretary of Defense to submit an annual long-
term plan for procurement of aircraft for the Departments of
the Navy and Air Force. The provision would require that the
plan project procurement, inventories, retirements, and
losses for the following 30-year period.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Report on body armor acquisition strategy (sec. 142)
The House bill contained a provision (sec. 141) that would
require the Secretary of Defense to establish an executive
agent for individual body armor and associated components and
establish a procurement budget line item for body armor and
personnel protection enhancements. This provision would also
require the Under Secretary of Defense for Acquisition,
Technology, and Logistics to report to the congressional
defense committees by March 15, 2009, detailing an assessment
of the body armor industrial base and a strategic plan for
its sustainment, and to specify the objective technical
capabilities intended for the body armor system.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
submit a report to the congressional defense committees, not
later than 120 days after enactment, that includes an
assessment of the feasibility and advisability of
establishing a dedicated procurement line item for body
armor; an assessment of the feasibility and advisability of
designating one executive agent for the acquisition of body
armor for the military departments; and an assessment of all
current initiatives implemented by the Secretary of Defense
and the military departments that provide improvements to the
body armor acquisition process.
Small arms acquisition strategy and requirements review (sec.
143)
The House bill contained a provision (sec. 142) that would
require the Comptroller General of the United States
Government Accountability Office to audit the Department of
Defense small arms requirements generation process and report
to the congressional defense committees by October 1, 2009,
on any statutory, regulatory, or procedural barriers that may
affect the ability of the military services to rapidly field
small arms. This section would also require the Under
Secretary of Defense for Acquisition, Technology, and
Logistics to provide a report to the congressional defense
committees that details small arms inventory, research and
development programs, joint acquisition strategy, an analysis
of any ongoing small arms capability gap assessments.
The Senate bill contained a similar provision (sec. 112)
that would require the Secretary of the Army to submit a
report on the Army's small arms Capabilities Based
Assessment. The provision would also recommend that in the
event the Army requires a new individual weapon, that the
acquisition of such weapons should result from a full and
open competition. The provision would also require that the
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advisability of conducting a full and open competition for
carbine-type rifles.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
report to the congressional defense committees on the
Department's assessments of small arms requirements,
modernization plans, and the United States small arms
industrial base. The amendment would further direct that in
the event that the Secretary of the Army determines that
there is a gap in small arms capabilities and that a new
individual weapon is required, the Secretary shall procure
the new individual weapon using a full and open competition.
Requirement for common ground stations and payloads for
manned and unmanned aerial vehicle systems (sec. 144)
The House bill contained a provision (sec. 143) that would
require the Secretary of Defense to establish a policy for
acquisition of intelligence, surveillance, and reconnaissance
payloads and ground stations for manned and unmanned aerial
vehicle systems that would have as its objective obtaining
commonality throughout the Department.
The Senate bill contained no similar provision.
The amendment contains the House provision with a
clarifying amendment.
Report on future jet carrier training requirements of the
Navy (sec. 145)
The House bill contained a provision (sec. 144) that would
require the Secretary of the Navy to submit a report to the
congressional defense committees within 120 days after the
date of enactment of this Act on future jet carrier training
requirements.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.

legislative provisions not adopted

Rapid acquisition fund
The House bill contained a provision (sec. 106) that would
authorize funds for a rapid acquisition fund.
The Senate bill did not contain a similar provision.
The agreement does not include the House provision.
Applicability of previous teaming agreements for Virginia-
class submarine program
The House bill contained a provision (sec. 122) that would
amend the multiyear contracting authority contained in
section 121 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) to require that the
Secretary of the Navy certify that the contract to be awarded
under such authority comports with the Team Agreement between
the two submarine building yards, dated February 16, 1997,
which was submitted to the Congress on March 31, 1997.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Limitation on retiring C-5 aircraft
The House bill contained a provision (sec. 131) that would
repeal section 132 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136) relating to a
prohibition on retiring C-5A aircraft until certain testing
had been completed. Instead, the provision would prohibit
retiring C-5A aircraft until 45 days after the Secretary of
the Air Force had submitted a certification that retiring
aircraft would not increase operational risk, and a cost
analysis assessing different approaches for meeting strategic
airlift requirements.
The Senate bill contained no similar provision.
The agreement does not include the House provision.

TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Budget Items

Research, Development, Test and Evaluation overview
The budget request included $79.7 billion in Research,
Development, Test and Evaluation for the Department of
Defense.
The House bill would authorize $79.8 billion.
The Senate bill would authorize $79.8 billion.
The agreement would authorize $77.8 billion.
Unless noted explicitly in the statement of managers, all
changes are made without prejudice.
Network science, technology and experimentation center
The budget request included $10.0 million in PE 61104A for
the establishment of a network science and technology
research center. This is an example of the Army's continued
commitment to investments in basic research, especially in
the face of severe budget constraints due to the current
operations and reset of the force. In particular, it is
widely expected that new investments in network science can
lead to significant enhancements in operational capabilities.
The fact that the current Army plan for this effort calls
for the majority of funding to go to the establishment of a
single research center is a cause for concern. The National

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Research Council's 2007 report entitled ``Strategy for an Army Center
for Network Science, Technology, and Experimentation''
concluded that, ``based on Army needs, the NSTEC [Network
Science, Technology, and Experimentation Center] should be
a hybrid operation consisting of two or three centralized
facilities having interconnectivity to a variety of
distributed supporting elements.'' The current Army
proposed plan and budget is not consistent with this
recommended hybrid approach.
The Army is directed to ensure that the network science and
technology research center be established so as to leverage
the benefits of a distributed and networked research
community. Clearly, some funding should be retained to
support in-house research efforts, but the majority of
funding should continue to go to a networked group of
investigators selected on the basis of technical merit of
proposed research.
The Army is further directed to ensure that none of the
$10.0 million authorized in PE 61104A for the establishment
of a network science and technology research center shall be
available for the purpose of infrastructure and facilities
development. The fact that basic research funding is a
precious and scarce resource places a great emphasis on
ensuring its use for designated research purposes. Such funds
should not be utilized for infrastructure and facilities
development, save for the most exceptional circumstances.

Items of Special Interest

Executive helicopter program (VH-71A)
The budget request included $1,047.8 million in PE 64273N
for continued development of the executive helicopter, VH-
71A. The VH-71A program is intended to provide the
replacement helicopter for transportation of the President
and Vice President of the United States, heads of state, and
other dignitaries. The House report (H. Rept. 110-652)
observed that the reported cost increases in the program were
sufficient to exceed the 25 percent unit cost increase that
would invoke the certification requirements levied by section
2433 (e)(2)(A) of title 10, United States Code, commonly
referred to as a ``Nunn-McCurdy Breach.'' The House report
directed the Secretary of Defense to submit an analysis of
potential advantages and disadvantages of conducting a re-
competition of the program when the Secretary submits that
certification.
The Senate report (S. Rept. 110-335) directed the Secretary
of the Navy to submit a VH-71A report to the congressional
defense committees outlining VH-71A program:
(1) performance requirements;
(2) revised cost estimates;
(3) causes for cost growth;
(4) detailed breakout of cost growth related to under-
estimated requirements; and
(5) actions being implemented to reduce and control
development and production costs.
The Senate report would also prohibit the Secretary from
obligating fiscal year 2009 funds for VH-71A Executive
Helicopter Development (PE 64273N) for Increment Two efforts
until: (1) the Defense Department completes VH-71A unit cost
reporting requirements as prescribed by section 2433 of title
10, United States Code; and (2) the Secretary of the Navy
submits the VH-71A report described above to the
congressional defense committees.
Additionally, the Senate report directed the Secretary to
identify alternatives for extending the service life of
Increment One aircraft and increasing their utility in the
effort to provide greater return on this investment.
The agreement directs the Secretary to submit the reports
requested in both the House and Senate reports, removes the
prohibition on obligating any fiscal year 2009 funding, and
directs the Secretary not to restructure the existing VH-71
contract until the completion of the Nunn-McCurdy
certification process.
Missile defense force structure and Joint Capabilities Mix
studies
We note that the Joint Integrated Air and Missile Defense
Organization, a component of the Joint Staff, has conducted a
number of studies over several years concerning the
operational requirements of combatant commanders for upper
tier ballistic missile defense. These Joint Capabilities Mix
(JCM) studies have consistently concluded that U.S. combatant
commanders need about twice as many Standard Missile-3 (SM-3)
and Terminal High Altitude Area Defense (THAAD) interceptors
as the number planned by the Missile Defense Agency (MDA),
just to meet their minimum inventory requirements to defend
against existing levels of short- and medium- range ballistic
missiles.
We are deeply disappointed that the Department of Defense
has not planned or budgeted for even this minimum
requirement, and believe that achieving at least this minimum
inventory should be the highest priority for MDA. We expect
the Department of Defense to budget accordingly starting with
the budget submission for fiscal year 2010.
We are concerned that there is no adequate requirements
process in place for MDA to determine the force structure and
inventory levels to meet the needs of the combatant
commanders. This is a fundamental shortcoming of the
Department of Defense's approach to missile defense, and one
that needs to be resolved. We expect the Department of
Defense to establish an adequate requirements process for
missile defense force structure and inventory that ensures
that the operational requirements of the regional combatant
commanders are fully taken into account in MDA's budget and
planning process.
Missile defense tests and targets
We are discouraged to note that the Missile Defense Agency
(MDA) Test and Targets program has had another disappointing
year. MDA failed to conduct a single intercept flight test of
the Ground-based Midcourse Defense (GMD) system during fiscal
year 2008, and canceled a planned and budgeted GMD flight
test, designated FTG-04. Instead, it conducted a sensor
flight test, FTX-03. Over the last several years, MDA has not
managed to conduct an average of even one GMD intercept
flight test per year, despite the fact that Congress has
authorized and appropriated over $200.0 million per year to
conduct two flight tests each year.
In addition, a test of the GMD system was aborted in May
2007 when the target failed to reach the necessary altitude,
and a flight test of the Terminal High Altitude Area Defense
(THAAD) system was aborted on September 17, 2008, when the
target missile failed shortly after launch.
We are disappointed to note that MDA chose to cancel FTG-04
without first consulting with any of the key stakeholders,
including the Under Secretary of Defense for Acquisition,
Technology, and Logistics (USD/AT&L), the Director of
Operational Test and Evaluation (DOT&E), or the Commander of
United States Strategic Command.
We direct MDA to consult with these organizations, or their
designees, prior to any future decision to cancel a flight
test, and to report in writing to the congressional defense
committees within 1 week of a decision to cancel such a test,
indicating the following information: (1) the reasons for the
cancellation; (2) the implications and risks for the testing
and development program that will result from cancelling the
test; (3) a plan describing how the original objectives of
the flight test will still be met, notwithstanding the
cancellation; (4) the views and recommendations of the
organizations consulted; and (5) any modifications in the
allocation of budget and testing resources as a result of the
cancellation of the flight test.
Upper tier follow-on to Arrow
The United States is engaged in a cooperative program with
Israel to provide an upper-tier follow-on to the Arrow Weapon
System for Israel. There are two systems being pursued under
this cooperative program: a land-based version of the
existing Standard Missile 3 (SM-3) using an AN/TPY-2 forward-
based X-band radar, and the development of a new Arrow-3
interceptor. The SM-3 interceptor and the AN/TPY-2 radar,
which is derived from the radar for the Terminal High
Altitude Area Defense (THAAD) system, have already been
developed and demonstrated. The Arrow-3 has not yet been
developed, and its design has changed several times.
After a number of changes to Israeli requirements and the
planned performance of the Arrow-3 missile, the Missile
Defense Agency (MDA) has chosen to pursue development of the
Arrow-3 as the primary approach to developing an upper tier
missile defense capability for Israel. However, this would be
a technically challenging undertaking, involving a number of
critical and complex technologies that Israel has never
produced previously. Consequently, it is not certain that
Israel can succeed in the development of all the Arrow-3
technologies in time to meet Israel's required fielding
schedule.
We are concerned that MDA has chosen a technically risky
path forward, and is not providing sufficient risk mitigation
through the land-based SM-3 option. MDA has indicated it
intends to pursue an Arrow-3 development strategy based on
knowledge points, with the stated intention of being able to
curtail or stop the program if it does not meet its knowledge
points on schedule.
However, MDA has not demonstrated an ability to reduce
funding for other programs that have not met their knowledge
points on schedule. This suggests that an Arrow-3 development
program could continue to be the primary path even if it does
not meet its knowledge points or its schedule, thus
precluding the option of having the proven SM-3 and AN/TPY-2
technology serve as a suitable upper tier option on schedule.
Therefore, we direct the Under Secretary of Defense for
Acquisition, Technology, and Logistics to review MDA's
proposed approach and submit to the congressional defense
committees, no later than April 15, 2009, a report providing
a plan for risk mitigation for the U.S.-Israel upper tier
program of cooperation that provides a cost-effective path to
providing an upper tier missile defense capability for
Israel.
Wide area airborne surveillance
The Senate report (110-335) accompanying S. 3001 urged the
Department of Defense to rapidly define and acquire next
generation wide area airborne surveillance (WAAS)
capabilities to augment existing and planned full motion
video (FMV) platform deployments, and possibly to help limit
the number of additional orbits of FMV aircraft needed in the
future.
We are encouraged that the Defense Department at senior
levels is focused on the WAAS requirement and the range of
potential solutions. However, a number of concerns persist.

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While significant funds have been allocated for development
of the WAAS collection system, very little money is available
for the processing, exploitation, and dissemination of the
vast amount of imagery that the WAAS system will produce.
This imbalance will prevent effective fielding of a WAAS
capability in the timeframe required.
There is confusion as to whether the WAAS system is
intended to complement or replace existing and planned
deployments of narrow-field-of-view FMV assets. This
confusion creates concern and opposition from deployed
forces. If it is possible for a WAAS system to substitute for
FMV assets, the required performance level (in terms of
resolution, frame rate, look angles, and the like) cannot be
fielded at least for a period of years. While it is important
for the Department to evaluate now what levels of performance
might be achievable in subsequent increments of a WAAS
program, the near-term focus must be on fielding capabilities
that complement existing assets and operate with them in a
systems-of-systems network.
In this regard, we are concerned that insufficient
attention and resources are being devoted to rapidly fielding
a command and control capability that will permit, on a
large-scale, integrated operations involving WAAS platforms,
FMV assets, and signals intelligence systems across services,
national agencies, and various echelons of command. We
support the recent initiative by the Air Force WAAS program
office to utilize the Network-Centric Collaborative Targeting
system, now reaching Initial Operational Capability, as the
basis for this important command and control capability.
We direct that, within 90 days of the date on which there
is a down select by the WAAS prime integrator, the Deputy
Secretary of Defense submit a report to the congressional
defense and intelligence committees that characterizes WAAS
collection and exploitation requirements, the program
increments and funding to meet the requirements, the
operational concept for WAAS increments, and the means by
which WAAS, FMV systems, and other sensors will be operated
together to support the find, fix, and finish targeting
process.

Subtitle A--Authorization of Appropriations

Authorization of appropriations (sec. 201)
The House bill contained a provision (sec. 201) that would
authorize appropriations for fiscal year 2009 for the use of
the Department of Defense for research, development, test and
evaluation.
The Senate bill contained a similar provision (sec. 201).
The agreement includes a provision that would authorize
appropriations for fiscal year 2009 for the use of the
Department of Defense for research, development, test and
evaluation.
Authorization for defense science and technology (sec. 202)
The House bill contained a provision (sec. 202) that would
authorize appropriations for fiscal year 2009 for the use of
the Department of Defense for science and technology
activities.
The Senate bill contained a similar provision (sec. 202).
The agreement includes a provision that would authorize
appropriations for fiscal year 2009 for the use of the
Department of Defense for science and technology activities.

Subtitle B--Program Requirements, Restrictions, and Limitations

Additional determinations to be made as part of Future Combat
Systems milestone review (sec. 211)
The House bill contained a provision (sec. 211) that would
amend section 214 of the John Warner National Defense
Authorization Act for 2007 (Public Law 109-364) by adding
additional determinations to be made by the Secretary of
Defense during the Future Combat Systems (FCS) program
review.
The Senate bill contained no similar provision.
The agreement includes the House provision.
We intend that the additional determinations required
during the FCS program review should be applied with respect
to threshold FCS system of system technologies, not
surrogates.
Analysis of Future Combat Systems communications network and
software (sec. 212)
The House bill contained a provision (sec. 212) that would
require the Assistant Secretary of Defense, Networks and
Information Integration (ASD NII), to conduct an independent
study and report to the congressional defense committees by
July 1, 2009, on possible vulnerabilities of the Future
Combat Systems (FCS) communications network. The purpose of
this study is to inform the review of the FCS program
mandated by section 214 of the John Warner National Defense
Authorization Act for 2007 (Public Law 109-364).
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would provide the Department with additional
time to complete the analysis and require the ASD NII to
assess, in coordination with the Director of Operational Test
and Evaluation, the synchronization of the funding, schedule,
and technology maturity of the Warfighter Information
Network-Tactical and Joint Tactical Radio System in programs
in relation to the FCS program.
Future Combat Systems manned ground vehicle selected
acquisition reports (sec. 213)
The House bill contained a provision (sec. 213) that would
require the Secretary of the Army to submit to the
congressional defense committees selected acquisition reports
as defined in section 2432(c) of title 10, United States
Code, on each of the eight Future Combat Systems (FCS) manned
ground vehicle variants. The reports are required by February
15 of each year from 2009 to 2015.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment that would include any additional manned
ground vehicle variants designated in FCS Acquisition Reports
after the date of enactment.
Separate procurement and research, development, test, and
evaluation line items and program elements for Sky
Warrior unmanned aerial systems (sec. 214)
The House bill contained a provision (sec. 214) that would
require the Secretary of Defense to ensure that the
Department of Defense program and budget exhibits for the
Army's Sky Warrior unmanned aerial system break out that
program into separate program elements and line items.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Restriction on obligation of funds for the Warfighter
Information Network-Tactical program (sec. 215)
The House bill contained a provision (sec. 215) that would
restrict obligation of 80 percent of research and development
funds authorized for appropriation for the Warfighter
Information Network-Tactical, Increment 3 program until 15
days after receipt by the congressional defense committees of
certification from the Under Secretary of Defense for
Acquisition, Technology and Logistics that the program has an
approved acquisition program baseline, a new independent cost
estimate, and the Director, Defense Research and Engineering
has completed a technology readiness assessment.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that reduces the amount of funding restricted
pending the certification from 80 percent to 50 percent and
makes other clarifications.
Limitation on source of funds for certain Joint Cargo
Aircraft expenditures (sec. 216)
The House bill contained a provision (sec. 216) that would
require the Secretary of the Army to fund certain
expenditures for the Joint Cargo Aircraft (JCA) through
procurement or research, development, test and evaluation
accounts, rather than from other appropriations accounts.
The Senate bill contained no similar provision.
The agreement included the House provision with an
amendment that would modify the provision to place the same
requirement on the Secretary of the Air Force.
The report (H. Rept. 110-652) accompanying the House bill
noted that, at the time of the report, the Air Force was
reporting a unit cost for JCA of $60.7 million, and was
reporting a unit cost for C-130J aircraft of $56.7 million.
After further discussion with the Air Force acquisition
officials and clarification of terminology, we believe that a
fairer, apples-to-apples comparison of such costs would raise
the comparable average procurement unit cost for a C-130J to
$84.2 million, in terms of fiscal year 2007 dollars.
Requirement for plan on overhead nonimaging infrared systems
(sec. 217)
The Senate bill contained a provision (sec. 211) that would
direct the Secretary of the Air Force to develop a
comprehensive plan to conduct and support research,
development, and demonstration of technologies that could
evolve into the next generation of overhead nonimaging
systems. The plan would also include an explanation of how
such systems would be tested, including any flight or on-
orbit testing as well as how and when the technologies
would transition to an acquisition program. In addition,
the provision would prohibit appropriation of more than 50
percent of the funds authorized to be appropriated for the
third generation infrared surveillance program until the
plan is submitted to the congressional defense committees.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would direct the Secretary of Defense and the
Director of National Intelligence to conduct the plan. In
addition the amendment would add a description of the
research, development and demonstration activities, as an
additional element to the plan.
Advanced energy storage technology and manufacturing (sec.
218)
The Senate bill contained a provision (sec. 212) that would
require the Department of Defense to develop a technology and
manufacturing roadmap for battery technologies.
The House bill contained no similar provision.
The agreement includes a provision that would expand the
scope of the roadmapping exercise to include all relevant
energy storage technologies, such as, but not limited to,
batteries, fuel cells and capacitors. The provision would
further add a requirement for the Department to provide a
detailed report of the investment levels in energy storage
technologies.

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The roadmap development should be primarily lead by the
Director of Defense Research and Engineering, the Deputy
Under Secretary of Defense for Industrial Policy, and Service
Acquisition Executives, so that the roadmap accurately
reflects technology development, industrial base, program
requirements, and cost drivers. It is further expected that
Service acquisition program offices with significant energy
storage technology requirements, the Joint Defense
Manufacturing Technology Panel, the Defense Logistics Agency,
and appropriate organizations within the Department of Energy
will all participate in the roadmap development. The roadmap
should not focus solely on science and technology activities
and existing investments.
It is expected that a thorough understanding of resource
allocation and current investment in advanced energy storage
technologies will help clarify the investment shortfalls and
capability gaps that should be emphasized in the technology
and manufacturing roadmap.
Mechanisms to provide funds for defense laboratories for
research and development of technologies for military
missions (sec. 219)
The Senate bill contained a provision (sec. 213) that would
authorize the Secretary of Defense to permit laboratory
directors to utilize up to 3 percent of laboratory funds for
research and development, technology transition, and
workforce development activities.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would terminate the authority after 4 years.
The utilization of this authority and its impact on the
mission performance and technical capabilities of the
laboratories will be closely monitored by the congressional
defense committees. All efforts to supply the needed
authorities and resources to the defense laboratories to
enable them to effectively and efficiently perform their
designated missions are supported and encouraged.
Requirements for certain airborne intelligence collection
systems (sec. 220)
The Senate bill contained a provision (sec. 215) that would
require that each airborne collection system within the
Department of Defense that is connected to the Distributed
Common Ground/Surface System to have the ability to operate
with the Network-Centric Collaborative Targeting System,
unless the Chairman of the Joint Requirements Oversight
Council waives the requirement on a case-by-case basis.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Limitation on obligation of funds for enhanced AN/TPQ-36
Radar System pending submission of report (sec. 221)
The House bill contained a provision (sec. 236) that would
limit the amount of funds provided to the program until the
Secretary of the Army provides the congressional defense
committees with a plan to transition the Counter-Rockets,
Artillery, and Mortars (C-RAM) program to a program of
record.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle C--Missile Defense Programs

Annual Director of Operational Test and Evaluation
characterization of operational effectiveness,
suitability, and survivability of the Ballistic Missile
Defense System (sec. 231)
The Senate bill contained a provision (sec. 234) that would
require the annual report of the Director of Operational Test
and Evaluation on the testing of the Ballistic Missile
Defense System (BMDS) to include a characterization of the
operational effectiveness, suitability, and survivability of
the BMDS and its elements that have been fielded or tested
before the end of the preceding fiscal year.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Independent study of boost-phase missile defense (sec. 232)
The House bill contained a provision (sec. 221) that would
require an independent study of boost-phase missile defense
programs, specifically the Airborne Laser and the Kinetic
Energy Interceptor. The study would assess a variety of
relevant factors and compare the results to non-boost-phase
missile defense systems. The provision would require the
independent study to be submitted to the congressional
defense committees.
The Senate bill contained a similar provision (sec. 235).
The agreement includes the House provision with an
amendment that would combine elements of the Senate provision
with the House provision.
Limitation on availability of funds for procurement,
construction, and deployment of missile defenses in
Europe (sec. 233)
The House bill contained a provision (sec. 222) that would
limit the availability of fiscal year 2009 and future funds
for procurement, site activation, construction, preparation
of equipment for, or deployment of a long-range missile
defense system until the following conditions have been met:
(1) the Governments of Poland and the Czech Republic have
each signed and ratified the necessary agreements allowing
for such deployment; and (2) 45 days have elapsed after
Congress receives the independent assessment required in
section 226 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181). The provision would
also limit the availability of funds for the acquisition and
deployment of operational interceptor missiles for the
planned European deployment until the Secretary of Defense
certifies, after receiving the views of the Director of
Operational Test and Evaluation, that the interceptor has
demonstrated, through successful, operationally realistic
flight testing, a high probability of working in an
operationally effective manner and the ability to accomplish
its mission.
The Senate bill contained a similar provision (sec. 232),
with the differences being that it would: (1) limit the
effect of the general limitation to the availability of
fiscal year 2009 funds; (2) clarify that each host nation
would need to give final approval to any missile defense
agreements concerning the deployment of missile defense
components on its territory; and (3) authorize the initial
long lead procurement funds for the proposed European
interceptors, since the long-lead components are 100 percent
common to the three-stage variant of the interceptor.
The agreement includes a combined provision that would
limit the availability of fiscal year 2009 and future funds
for procurement, site activation, construction, preparation
of equipment for, or deployment of a long-range missile
defense system until the following conditions have been met:
(1) in the case of the proposed midcourse radar element, the
host nation has signed and ratified the agreements needed to
allow for the deployment of such radar in the host nation;
(2) in the case of the proposed long-range missile defense
interceptor element, the condition in paragraph (1) has been
met, and the host nation has signed and ratified the
agreements needed to allow for the deployment of such
interceptor element in the host nation; and (3) 45 days have
elapsed after Congress has received the report required by
section 226(c)(6) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181). The provision
would also limit the availability of fiscal year 2009 funding
for acquisition (other than initial long-lead funding) or
deployment of the proposed interceptor until the Secretary
provides the certification required in both bills.
Review of the ballistic missile defense policy and strategy
of the United States (sec. 234)
The Senate bill contained a provision (sec. 231) that would
require the Secretary of Defense to conduct a review of the
ballistic missile defense policy and strategy of the United
States. The provision would require the Secretary to submit a
report to Congress not later than January 31, 2010, setting
forth the results of the review.
The House bill contained no similar provision.
The agreement includes the Senate provision with
an amendment that would add several elements to be
required in the review.
Airborne Laser System (sec. 235)
The Senate bill contained a provision (sec. 233) that would
require the Director of Operational Test and Evaluation
(DOT&E) to assess and report on the operational
effectiveness, suitability, and survivability of the Airborne
Laser (ABL) System. The provision would also limit the
availability of funds for procurement of a second or
subsequent ABL aircraft until the Secretary of Defense, after
receiving the DOT&E assessment, submits a certification that
the ABL system has demonstrated a high probability of being
operationally effective, suitable, survivable, and
affordable.
The House bill contained a provision (sec. 221) that would,
among other things, prohibit the use of funds to acquire a
second ABL aircraft until 60 days after Congress receives an
independent study on boost-phase missile defense programs
required by the provision.
The agreement includes the Senate provision with an
amendment that would incorporate the House funding
prohibition into the Senate provision.
Activation and deployment of AN/TPY-2 forward-based X-band
radar (sec. 236)
The Senate bill contained a provision (sec. 237) that would
authorize the use of up to $89.0 million in funds for
defense-wide research, development, test, and evaluation for
the activation and deployment of an AN/TPY-2 X-band radar to
a classified location. It would also require the Secretary of
Defense to submit a report to Congress on such deployment
before the funds would be available for the deployment.
The House bill contained no similar provision.
The agreement includes the Senate provision.

Subtitle D--Reports

Biennial reports on joint and service concept development and
experimentation. (sec. 241)
The Senate bill contained a provision (sec. 252) that would
reduce the reporting requirement on Department of Defense
concept development and experimentation activities and
include reporting on related activities of the military
services.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would clarify the reporting requirements.
The joint and service level for concept development and
experimentation activities can support efforts at innovation
and transformation in doctrine, training, materiel
acquisition and other areas of Departmental

[[Page H8891]]

activity. As the executive agent for joint warfighting
experimentation, the Commander of United States Joint Forces
Command has a unique ability and responsibility to use the
results of the Department's various concept development and
experimentation activities to advocate for the transformation
of investment strategies, defense acquisition policies,
requirements generation, doctrine development, and force
structure to enhance joint warfighting capabilities.
Report on the 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. 242)
The House bill contained a provision (sec. 232) that would
require an assessment of the Historically Black Colleges and
Universities (HBCU/MI) and Minority Serving Institutions
program.
The Senate bill contained no similar provision.
The agreement includes a provision that would require an
independent assessment of the participation of HBCU/MI,
Hispanic Serving Institutions, Tribal Colleges and
Universities, and other minority postsecondary institutions
in Department of Defense research, training, and educational
activities.
At a time when the Department and the nation are facing a
shortage of personnel in growing areas of science and
engineering, this community of educational institutions and
the population they serve can make a valuable contribution to
the missions of the Department of Defense.
Report on Department of Defense response to findings and
recommendations of the Defense Science Board Task Force
on Directed Energy Weapons (sec. 243)
The Senate bill contained a provision (sec. 255) that would
require the Department of Defense to report on responses to
the findings and recommendations of the Defense Science Board
Task Force on Directed Energy Weapons.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.

Subtitle E--Other Matters

Modification of systems subject to survivability testing
oversight by the Director of Operational Test and
Evaluation (sec. 251)
The House bill contained a provision (sec. 231) that would
clarify the responsibilities of the Secretary of Defense and
the Director of Operational Test and Evaluation with respect
to oversight and reporting on survivability testing for
personnel protective equipment and other defense systems.
The Senate bill contained a similar provision (sec. 251).
The agreement includes the House provision with an
amendment that would allow the Secretary of Defense to
authorize the Director of Operational Test and Evaluation to
perform statutorily mandated monitoring and reporting on a
broader range of defense systems. The amendment makes
additional clarifying amendments to sections 2366 and 139 of
title 10, United States Code. This provision will enable the
Secretary and Director to have appropriate levels of
oversight of systems that require survivability and lethality
testing, including certain items of personnel protective
equipment and non lethal weapons. It is expected that the
acquisition and testing community should continue to work
together to develop and adequately test systems to validate
their operational effectiveness, suitability and
survivability, but still deliver new capabilities in a rapid
and efficient fashion.
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. 252)
The House bill contained a provision (sec. 233) that would
amend section 1635 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181) to add additional
reporting requirements to the annual report required by that
section. The provision would also require the Director of the
Department of Defense-Department of Veterans Affairs
Interagency Program Office to report within 12 months after
the date of enactment of this Act on the development of
information technology infrastructure guidelines and
standards for use by the Departments of Defense and Veterans
Affairs to enable fully interoperable electronic personal
health information.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would eliminate the requirement for reporting
to the appropriate congressional committees on the specific
guidelines and standards developed or adopted under this
provision.
The Department of Defense and Department of Veterans
Affairs should, to the extent practicable, pursue guidelines
and standards that are consistent with other similar ongoing
federal efforts and with relevant guidance and directives for
the development of information technology (IT) systems in the
Department of Defense and Department of Veterans Affairs.
Within the Department of Defense, the medical IT community
should work closely with Assistant Secretary of Defense for
Networks and Information Integration and the Business
Transformation Agency, both of which have valuable experience
in evaluating and selecting standards for large-scale
enterprise systems.
Assessment of technology transition programs and repeal of
reporting requirement (sec. 253)
The House bill contained a provision (sec. 234) that would
require the Department of Defense to assess the feasibility
of consolidating various technology transition accounts into
a unified effort. The House provision would also repeal the
requirement for the Technology Transition Initiative (TTI).
The Senate bill contained a provision (sec. 253) which
would repeal the recurring reporting requirement relating to
the TTI program.
The agreement includes a provision which requires the Under
Secretary of Defense for Acquisition, Technology and
Logistics (USD (AT&L)) to assess the feasibility of
consolidating technology transition accounts into one account
to be managed at the Department-level. The agreement also
requires the USD (AT&L) to submit a report to Congress on the
aforementioned assessment and include recommendations
concerning the streamlining and improvement of technology
transition activities throughout the Department. Finally, the
agreement repeals the Department's annual TTI reporting
requirement.
Efficient technology transition is a mainstay of the
Department's ability to deliver military advantage to the
operational force. Continued employment of the current regime
of initiatives and programs may not be the most effective
approach to transitioning promising technologies to the
force. The USD (AT&L) is expected to characterize the
limitations of the existing transition activities and provide
recommendations to improve the process of transitioning
technologies. The overall goals of the various Department of
Defense technology transition programs are laudable, but
there is a need to better understand the Department's
requirements for additional authorities or for the repeal
of unnecessary authorities that could improve technology
transition.
Trusted defense systems (sec. 254)
The House bill contained a provision (sec. 235) that would
require the Department of Defense to perform an assessment,
develop a strategy, issue interim policy guidance, and
provide a report to Congress related to assuring trust in the
supply chain for certain defense systems.
The Senate bill contained a related provision (sec. 256)
that required an assessment of the capabilities of the
Department to assess trust in semiconductor technologies.
The agreement includes a provision that requires the
Secretary of Defense to assess the trust in, and
vulnerabilities within the supply chain of key electronic
components of major defense acquisition programs; to assess
methods for verifying trust of DoD semiconductors; to produce
a strategy for managing supply chain risk and trust
verification for semiconductors; to establish policies
necessary to support these activities; and to report to
Congress on the assessment and policies.
There is growing concern that major manufacturing for many
mission-critical semiconductors have moved offshore,
primarily to Asia. The inherent risks associated with
procuring electronic components that have been designed,
fabricated, tested, or packaged in unsecure facilities abroad
demand a well planned and structured response.
Therefore, the Secretary is instructed to coordinate the
various current efforts designed to study and protect
mission-critical electronic components and create an
integrated strategy for managing supply chain risk and
ensuring trust of semiconductors used in applications across
all services. Only by engaging in consultation with industry,
academia and other agencies will the Department be able to
fashion the cross-cutting strategy needed to address a
challenge that confronts the most complicated and important
acquisition programs and threatens every part of the
operational force.
Capabilities-based assessment to outline a joint approach for
future development of vertical lift aircraft and
rotorcraft (sec. 255)
The House bill contained a provision (sec. 237) that would
require the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff to develop an assessment of a joint
approach to developing future vertical lift aircraft and
rotorcraft, and to submit a report on that assessment.
The Senate bill contained no similar provision.
The agreement includes the House provision, with the
understanding that the current program for modernizing the
Marine Corps' heavy lift rotorcraft fleet shall not be
subsumed within any joint program office that might emerge
from this assessment.
Executive agent for printed circuit board technology (sec.
256)
The Senate bill contained a provision (sec. 254) that would
require the establishment of an executive agent to oversee
Department of Defense activities related to printed circuit
board technologies.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that requires the Secretary of Defense to designate
an executive agent for printed circuit board and interconnect
technologies. The provision specifies roles and
responsibilities that the

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Secretary of Defense will charge to the executive agent.
The Secretary may include further duties, especially as
they may pertain to ensuring that the Department maintains
and grows its capability for establishing trust in
interconnect technologies. While it is critical that the
executive agent designated by the Secretary develop a well-
planned roadmap which details current and future technologies
needed and the logistics network necessary to provide them,
the executive agent should also draw together the specific
timeline that must be realized and funding that must be
obtained to successfully implement the roadmap going forward.
Finally, the provision directs the Secretary of Defense to
ensure that the executive agent is properly resourced to
implement the task and is supported throughout the military
departments.
Review of conventional prompt global strike technology
applications and concepts (sec. 257)
The House bill contained a provision (sec. 238) that would
limit the use of funds for conventional prompt global strike
(PGS) in fiscal year 2009 to only those activities expressly
delineated in the expenditure plan for fiscal years 2008 and
2009, which was required by section 243 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) or activities otherwise expressly authorized by
Congress. The expenditure plan was transmitted to the
congressional defense committees on March 24, 2008. The
provision would also require the Secretary of Defense to
submit a report on PGS concepts with the fiscal year 2010
budget request.
The Senate bill contained a similar provision (sec. 1054)
that would direct the Secretary of Defense, in consultation
with the Secretary of State, to conduct a review of the
prompt global strike technologies that will be demonstrated
beginning in fiscal year 2010. The report would set forth the
cost of the demonstration, identify any legal, treaty, or
policy related issues that might be associated with the
concept demonstrated or the demonstration itself, and whether
and to what extent there is a possibility that the concept or
the demonstration itself could be confused with a nuclear
weapons system. In addition, the report would set forth a
description of the types of targets against which the concept
demonstrated might be used. The report would be submitted to
the congressional defense committees no later than 30 days
after the date on which the budget is submitted.
The agreement includes the Senate provision with an
amendment that would limit the use of funds for conventional
PGS in fiscal year 2009. The amendment would also direct the
Secretary of Defense to submit a report to the congressional
defense committees that describes the technologies planned to
be developed during fiscal year 2009 and how those
technologies relate to PGS options and concepts. The due date
for this report would be April 1, 2009.
In addition, the amendment would modify the review and
assessment to be conducted by the Secretary of Defense in
consultation with the Secretary of State, to include
recommendations that would mitigate such risk in the
assessment as to whether a PGS concept could be misconstrued
as a nuclear weapon or delivery system. The amendment would
further modify the assessment to include an assessment of the
intelligence needed to support the use of any PGS concept. A
report on this review and assessment would be due no later
than September 1, 2009.
We note that the Department of Defense has expressed
interesting in examining biconic technology as part of an
alternative re-entry system/warhead engineering and delivery
vehicle options/development but included no plan to
manufacture a biconic vehicle in the expenditure plan for
fiscal years 2008 and 2009. As a result no funds are
available in fiscal year 2009 to manufacture such a vehicle.
We note that the Department is approaching a PGS concept
definition milestone in the fiscal year 2010 timeframe. We
encourage the Department to weigh carefully all aspects of
PGS concept alternatives, including the technical, cost,
operational, and policy considerations associated with each
option.
We note that the National Research Council of the National
Academy of Sciences has recently completed a report titled
``U.S. Prompt Global Strike: Issues for 2008 and Beyond.''
This report was prepared at the request of Congress. The
Department should review this and other PGS related reports
as part of the process to determine which PGS concept
alternatives to pursue.
We direct the Secretary to submit a copy of the report to
the Committee on Foreign Affairs of the House of the
Representatives and the Committee on Foreign Relations of the
Senate.

Legislative Provisions Not Adopted

Assured funding for certain information security and
information assurance programs of the Department of
Defense
The Senate bill contained a provision (sec.214) that would
provide a source of funding for a new technology development
activity for information security.
The House bill contained no similar provision.
The agreement does not include the provision.
Study on space-based interceptor element of ballistic missile
defense system
The Senate bill contained a provision (sec. 236) that would
require an independent entity to conduct an assessment of the
feasibility and advisability of developing a space-based
interceptor element to the ballistic missile defense system.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Visiting National Institutes of Health senior neuroscience
fellowship program
The House bill contained a provision (sec. 239) that would
establish a visiting National Institutes of Health
neuroscience fellowship within the Department of Defense.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Neuroscience can play an important role in improving
capabilities in combat casualty care, addressing traumatic
brain injuries and post traumatic stress disorders, decision
making, and human-machine interfaces, among other areas. The
Department of Defense is directed to continue to support
research in this area, including expanding collaboration
with the National Institutes of Health on research,
personnel exchanges, technology transition, and other
activities.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Operation and maintenance funding (sec. 301)
The House bill contained a provision (sec. 301) that would
authorize fiscal year 2009 funding levels for all operation
and maintenance accounts.
The Senate bill contained a similar provision (sec. 301).
The agreement includes this provision.

Subtitle B--Environmental Provisions

Authorization for Department of Defense participation in
conservation banking programs (sec. 311)
The House bill contained a provision (sec. 311) that would
authorize the Department of Defense to participate in
conservation mitigation bank programs.
The Senate bill contained a similar provision (sec. 2811).
The agreement includes the House provision.
Reimbursement of Environmental Protection Agency for certain
costs in connection with Moses Lake Wellfield Superfund
Site, Moses Lake, Washington (sec. 312)
The House bill contained a provision (sec. 312) that would
authorize the Department of Defense to reimburse the
Environmental Protection Agency for certain costs in
connection with Moses Lake Wellfield Superfund Site, Moses
Lake, Washington.
The Senate bill contained a similar provision (sec. 312).
The agreement includes the House provision.
Expand cooperative agreement authority for management of
natural resources to include off-installation mitigation
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The House bill contained a provision (sec. 313) that would
expand the authority of the Department of Defense to enter
cooperative agreements for the management of natural
resources to cover off-installation mitigation efforts.
The Senate bill contained a similar provision (sec. 311).
The agreement includes the House provision.
Expedited use of appropriate technology related to unexploded
ordnance detection (sec. 314)
The House bill contained a provision (sec. 314) that would
require research on, deployment of, and training with
unexploded ordnance (UXO) detection instrument technologies.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the expedited operational use of
appropriate UXO detection technologies developed inside or
outside the Department of Defense and further require the
Secretary of Defense to report on activities related to the
development and deployment of UXO detection technologies.
Closed loop re-refining of used motor vehicle lubricating oil
(sec. 315)
The House bill contained a provision (sec. 315) that would
require a report on Department of Defense policies concerning
the sale and disposal of used motor vehicle lubricating oil.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, rather
than the Comptroller General to submit the report; extend the
deadline for the report to one year; delete the requirement
to implement closed loop policies; and make certain
clarifying changes.
Comprehensive program for the eradication of the brown tree
snake population from military facilities in Guam (sec.
316)
The Senate bill contained a provision (sec. 313) that would
direct the Department of Defense to establish a comprehensive
program to control and, to the extent practicable, eradicate
the brown tree snake (Boiga irregularis) population from
military facilities in Guam and prevent their spread to other
areas.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We are concerned about the adverse effects of the brown
tree snake on native species on Guam and the ecological and
economic risks posed by its inadvertent introduction to other
areas in the Pacific region and the United States. We
recommend that the Department of Defense place appropriate
emphasis on brown tree snake interdiction and population
reduction for the dual purposes of preventing inadvertent
introduction outside of Guam and supporting programs to
protect and restore native species on Guam. We further
recommend that the Department execute this program in
cooperation with the Government of Guam and consistent with
its Integrated Natural Resources Management Plans.

Subtitle C--Workplace and Depot Issues

Comprehensive analysis and development of single government-
wide definition of inherently governmental function and
criteria for critical functions (sec. 321)
The House bill contained a provision (sec. 322) that would
require the Office of Management and Budget, in consultation
with appropriate representatives of federal agencies, to
conduct a comprehensive analysis of existing definitions of
inherently governmental functions and other functions that
should be performed by government employees, and to clarify
those definitions as determined appropriate.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Study on future depot capability (sec. 322)
The House bill contained a provision (sec. 323) that would
require the Secretary of Defense to provide the Committees on
Armed Services of the Senate and the House of Representatives
an independent, quantitative assessment of the organic
capability that will be required to provide depot-level
maintenance in the post-reset environment. The provision
would require that the Comptroller General review the report
and provide findings within 90 days of submission.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the independent assessment to
review budget displays and the current visibility of reported
depot workload to Congress.
We were made aware by a recent reprogramming action, FY 08-
37 PA, that certain depot maintenance is not being reported
in the military departments' depot budget lines. In addition,
the military departments' inflexibility in budgeting between
depot and operations budget lines may cause them to make less
than optimal budgeting and maintenance workload decisions.
The additional study requirement on the adequacy of
maintenance workload visibility in reports and budget
displays to Congress addresses these concerns.
Government Accountability Office review of high-performing
organizations (sec. 323)
The House bill contained a provision (sec. 324) that would
restrict the authority of the Department of Defense to
establish high-performing organizations through business
process reengineering.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment requiring the Government Accountability Office to
review the Department's use of high-performing organizations.
Consolidation of Air Force and Air National Guard aircraft
maintenance (sec. 324)
The House bill contained a provision (sec. 326) that would
prohibit the Secretary of the Air Force from consolidating
Air National Guard with active-duty Air Force maintenance
activities and facilities without first consulting with, and
obtaining the consent of, the National Guard Bureau. It would
require the Secretary of the Air Force to report to the
Committees on Armed Services of the Senate and the House of
Representatives on the assumptions and criteria used to
evaluate the feasibility of consolidation.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of the Air Force
to submit reports to the Committees on Armed Services of the
Senate and the House of Representatives prior to the
consolidation of any active and Air National Guard aircraft
repair facilities and personnel. Additionally, the agreement
would require that an assessment by the Chief of the National
Guard Bureau accompany the Secretary of the Air Force's
reports and that the Secretary of Defense certify that any
consolidation is in the national interest and would not
adversely affect Air National Guard missions.
Report on Air Force civilian personnel consolidation plan
(sec. 325)
The House bill contained a provision (sec. 327) that would
prohibit the consolidation of certain civilian personnel
functions.
The Senate bill contained no similar provision.
The agreement contains the House provision with an
amendment that would require the Secretary of the Air Force
to submit a report on the Air Force civilian personnel
consolidation plan. In implementing the plan, we urge the
Secretary to ensure that the Air Force retains the capability
to manage appropriate personnel management and advisory
functions at the large civilian centers where operations
missions are complex and may be dependent upon the
productivity of locally-managed civilian personnel numbering
in the thousands. These large civilian centers include Hill
Air Force Base, Utah; Warner Robins Air Force Base, Georgia;
Tinker Air Force Base, Oklahoma; and Wright Patterson Air
Force Base, Ohio. These large civilian centers are critical
to the national security.
Report on reduction in number of firefighters on Air Force
bases (sec. 326)
The House bill contained a provision (sec. 328) that would
require the Secretary of the Air Force to submit a report to
Congress on the effects of a reduction in the number of
firefighters on Air Force bases.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Minimum capital investment for certain depots (sec. 327)
The Senate bill contained a provision (sec. 322) that would
amend section 332 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
to require the Department of Defense to report the separate
levels of capital investment for Navy and Marine Corps
depots. The provision would also add the following Army
arsenals to the list of covered depots: Watervliet Arsenal,
New York; Rock Island Arsenal, Illinois; and Pine Bluff
Arsenal, Arkansas.
The House bill contained no similar provision.
The agreement includes the Senate provision.

Subtitle D--Energy Security

Annual report on operational energy management and
implementation of operational energy strategy (sec. 331)
The House bill contained a provision (sec. 331) that would
require the Secretary of Defense to submit an annual
operational energy management report to the congressional
defense committees on operational energy consumption and
initiatives.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Consideration of fuel logistics support requirements in
planning, requirements development, and acquisition
processes (sec. 332)
The House bill contained a provision (sec. 332) that would
require the Secretary of Defense to develop a methodology for
including the fully-burdened cost of fuel and energy
efficiency in planning, capability requirements development,
and acquisition processes. This section would require the
Secretary, not later than 180 days after the date of
enactment of this Act, to prepare an implementation plan and,
within three years of enactment, certify to the Congress that
the Department has complied with this section's requirements.

[[Page H8929]]

The Senate bill contained a similar provision that would
require the Under Secretary of Defense for Acquisition,
Technology, and Logistics to develop and report on an
implementation plan for the incorporation of energy
efficiency requirements into key performance parameters for
fuel consuming systems.
The agreement includes the House provision with an
amendment that would require a progress report after two
years of implementation and that the Secretary of Defense
notify Congress on the Department's compliance with the
requirements of this section.
Study on solar and wind energy for use for expeditionary
forces (sec. 333)
The House bill contained a provision (sec. 333) that would
require the Secretary of Defense to submit a report, not
later than March 1, 2009, on the feasibility of using solar
energy to provide electricity at forward operating locations.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would add requirements to also study wind
energy, the potential for experimenting with solar and wind
energy during training, and change the due date of the report
to not later than 120 days after enactment of the bill.
Study on alternative and synthetic fuels (sec. 334)
The House bill contained a provision (sec. 334) that would
require the Secretary of Defense to conduct a study on
alternatives to reduce the life cycle emissions of coal-to-
liquid fuels.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary to study
alternatives to reduce the life-cycle emissions of
alternative and synthetic fuels (including coal-to-liquid
fuels).
Mitigation of power outage risks for Department of Defense
facilities and activities (sec. 335)
The Senate bill contained a provision (sec. 341) that would
direct the Secretary of Defense to conduct a comprehensive
energy technical and operational risk assessment for mission
critical Department installations, facilities, and
activities; to develop integrated prioritized plans to
eliminate or mitigate risks; and to establish goals to
mitigate or eliminate the greatest and most urgent risks. The
provision would also require that the Secretary provide the
defense committees an annual report on the Department's
integrated prioritized plans and progress on efforts to
mitigate or eliminate energy risks.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would add consideration of cost effectiveness
to the development of risk mitigation plans.

Subtitle E--Reports

Comptroller General report on readiness of armed forces (sec.
341)
The House bill contained a provision (sec. 341) that would
require the Comptroller General of the United States to
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the readiness of the
regular and reserve components of the armed forces.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Report on plan to enhance combat skills of Navy and Air Force
personnel (sec. 342)
The House bill contained a provision (sec. 342) that would
require the Secretary of Defense to submit a report on the
plans of the Secretary of the Navy and the Secretary of the
Air Force to improve the combat skills of the members of the
Navy and the Air Force, respectively.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Comptroller General report on the use of the Army Reserve and
National Guard as an operational reserve (sec. 343)
The House bill contained a provision (sec. 343) that would
require the Comptroller General of the United States to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the use of Army
Reserve and National Guard forces as an operational reserve.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Comptroller General report on link between preparation and
use of Army reserve component forces to support ongoing
operations (sec. 344)
The House bill contained a provision (sec. 344) that would
require the Comptroller General of the United States to
analyze and report to the Committees on Armed Services of the
Senate and the House of Representatives on the preparation
and operational use of the Army's reserve component forces.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Comptroller General report on adequacy of funding, staffing,
and organization of Department of Defense military
munitions response program (sec. 345)
The House bill contained a provision (sec. 345) that would
require the Comptroller General to report to Congress on the
adequacy of the funding, staffing, and organization of the
military munitions response program of the Department of
Defense.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle F--Other Matters

Extension of enterprise transition plan reporting requirement
(sec. 351)
The House bill contained a provision (sec. 351) that would
extend through 2013 the requirement in section 2222(i) of
title 10, United States Code, for the Secretary of Defense to
submit an annual report to the congressional defense
committees on the progress of the Department of Defense in
transforming and improving its business systems.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Demilitarization of loaned, given, or exchanged documents,
historical artifacts, and condemned or obsolete combat
materiel (sec. 352)
The House bill contained a provision (sec. 352) that would
require the demilitarization of military equipment donated to
museums and other entities under section 2572 of title 10,
United States Code.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment to ensure that the Secretary concerned has
flexibility to determine the level of demilitarization
required.
Repeal of requirement that Secretary of Air Force provide
training and support to other military departments for A-
10 aircraft (sec. 353)
The House bill contained a provision (sec. 353) that would
repeal outdated language regarding fleet support and depot
maintenance for A-10 aircraft.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Display of annual budget requirements for air sovereignty
alert mission (sec. 354)
The House bill contained a provision (sec. 354) that would
require the Secretary of Defense to submit budget
justification material that displays funds requested for all
programs and activities of the air sovereignty alert mission
of the Air Force.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Revision of certain Air Force regulations required (sec. 355)
The House bill contained a provision (sec. 356) that
would require the Secretary of the Air Force to bring the
Air Freight Transportation Regulation Number 5, issued by
the Air Mobility Command, into full compliance with
Department of Defense transportation regulations requiring
commercial best practices.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Transfer of C-12 aircraft to California Department of
Forestry and Fire Protection (sec. 356)
The House bill contained a provision (sec. 357) that would
authorize the Secretary of the Army to convey to the
California Department of Forestry and Fire Protection, all
right, title, and interest of the Federal Government in three
C-12 aircraft that the Secretary has determined are surplus
to need.
The Senate bill contained no similar provision.
The agreement includes the House provision.
We understand from the Department of the Army and the
Department of the Air Force that: (1) these three C-12
aircraft have no residual value to the Army; (2) they are not
sufficiently capable that they would represent any value to
the Air Force in meeting its emerging needs for manned
reconnaissance aircraft; and (3) the Army would otherwise
dispose of these aircraft as scrap.
Limitation on treatment of retired B-52 aircraft for Air
Combat Command Headquarters (sec. 357)
The House bill contained a provision (sec. 360) that would
prohibit the Commander of Air Combat Command from obligating
more than 80 per cent of the operation and maintenance funds
available for Air Combat Command Management Headquarters,
Sub-Activity Group 012E until the Secretary of Defense
certifies that the future years defense program includes
funding for 76 B-52 aircraft.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would prohibit the Commander of Air Combat
Command from utilizing more than four of the 18 retired B-52
aircraft, which were retired pursuant to section 131 of the
John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364) as maintenance ground training
aircraft.

[[Page H8930]]

Increase of domestic breeding of military working dogs used
by the Department of Defense (sec. 358)
The House bill contained a provision (sec. 361) that would
establish require the Secretary of Defense to work toward the
goal of procuring all military working dogs from domestic
breeders.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
identify Department of Defense requirements for military
working dogs and take steps to ensure that these requirements
are met, including encouraging increased domestic breeding.

Legislative Provisions Not Adopted

Time limitation on duration of public-private competitions
The House bill contained a provision (sec. 321) that would
place a time limit on the duration of public-private
competitions for any function performed by Department of
Defense employees.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Authority to consider depot-level maintenance and repair
using contractor furnished equipment or leased facilities
as core logistics
The Senate bill contained a provision (sec. 321) that would
authorize the military departments to count workload
performed by government employees using contractor furnished
equipment, or in facilities leased to the government, as
sustaining a core logistics capability under section 2464 of
title 10, United States Code, if that work is being performed
pursuant to a public-private partnership as defined by
section 2474 of title 10, United States Code.
The House bill contained no similar provision.
The agreement does not include the provision.
Temporary suspension of studies and public-private
competitions regarding conversion of functions of the
Department of Defense performed by civilian employees to
contractor performance
The House bill contained a provision (sec. 325) that would
place a 3-year moratorium on public-private competitions
within the Department of Defense.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Over the last decade, the number of contractor employees
performing services for the Department of Defense (DOD)
has nearly doubled, while the number of DOD civilian
employees has remained essentially unchanged. Shortages of
qualified civilian personnel in key functional areas have
raised questions about the Department's ability to manage
its operations. At the same time, the Department's
aggressive effort to privatize functions currently
performed by civilian employees has led to turbulence and
low morale in some segments of the Department's workforce.
In addition, we are concerned that the savings generated
from such competitions may not justify the turmoil
generated at a time when the military services are
stressed by ongoing operations in Iraq and Afghanistan,
transformation initiatives, and actions being taken to
implement the 2005 base closure and realignment. These
problems may be further exacerbated when the process of
conducting public-private competitions drags out over a
period of years, while the threat of job loss continues to
hang over the heads of impacted employees. We believe that
these factors require a serious reconsideration of the
Department's strategy regarding public-private
competitions of functions performed by the Department's
civilian employees.
Exception to alternative fuel procurement requirement
The House bill contained a provision (sec. 335) that would
amend section 526 of the Energy Independence and Security Act
of 2007 (Public Law 110-140) to specify that federal agencies
are not prohibited from entering into contracts to purchase
generally-available fuel that is not an alternative or
synthetic fuel or predominantly produced from a
nonconventional petroleum source in certain circumstances.
The Senate bill contained no similar provision.
The agreement does not include the provision. Section 526
was not intended to preclude the Department of Defense from
purchasing the fuel that it needs for the national defense
from the generally-available fuel supply. We expect the
Department to continue making such purchases.
Study of consideration of greenhouse gas emissions
The House bill contained a provision (sec. 336) that would
require the Secretary of Defense to study processes and
methods for the consideration of greenhouse gas emissions in
the acquisition process and develop a timeline for the
implementation of such processes and methods.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Increased authority to accept financial and other incentives
related to energy savings and new authority related to
energy systems
The Senate bill contained a provision (sec. 342) that would
authorize the Secretary of Defense to accept financial and
other incentives in connection with the construction of an
energy system using solar energy or other renewable forms of
energy.
The House bill contained no similar provision.
The agreement does not include the provision.
Recovery of improperly disposed of Department of Defense
property
The Senate bill contained a provision (sec. 343) that would
enable the Department of Defense to recover military or
Department of Defense property that has been disposed of in
violation of applicable statutes and regulatory requirements.
The House bill contained no similar provision.
The agreement does not include the provision.
Report on options for providing ship repair capabilities to
support ships operating near Guam
The House bill contained a provision (sec. 346) that would
require the Secretary of the Navy to submit a report on the
best option or options for providing voyage repair
capabilities to support United States Navy ships operating at
or near Guam.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Sense of Congress that air sovereignty alert mission should
receive sufficient funding and resources
The House bill contained a provision (sec. 355) that would
express the sense of Congress that air sovereignty alert
mission should receive sufficient funding and resources.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Availability of funds for Irregular Warfare Support program
The House bill contained a provision (sec. 358) that would
require as much as $75.0 million to be made available for the
Irregular Warfare Support (IWS) program from funds made
available for the Joint Improvised Explosive Device Defeat
Organization (JIEDDO) in fiscal year 2009.
The Senate bill contained no similar provision.
The agreement does not include this provision. However, the
agreement does include funding for the IWS program in title
XV.
Sense of Congress regarding procurement and use of munitions
The House bill contained a provision (sec. 359) that would
express the sense of Congress regarding the procurement of
military munitions.
The Senate bill contained no similar provision.
The agreement does not include the provision.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

End strengths for active forces (sec. 401)
The House bill contained a provision (sec. 401) that would
authorize the following end strengths for active-duty
personnel of the armed forces as of September 30, 2009: Army,
532,400; Navy, 326,323; Marine Corps, 194,000; and Air Force,
317,050. The House provision included increases of 7,000 and
5,000 for the Army and Marine Corps, respectively, to support
those services' growth in ground forces.
The Senate bill contained a similar provision (sec. 401)
that would authorize active-duty end strengths of 325,300 for
the Navy and 316,771 for the Air Force, and identical end
strengths for the Army and Marine Corps.
The agreement includes the House provision.
The Secretary of Defense has stated that he will support
the Air Force's request to maintain its active-duty end
strength well above the 316,000 level previously approved in
connection with its recapitalization planning. While
excessive and poorly managed manpower cuts aimed primarily at
saving money must be avoided, the Department of Defense must
demonstrate in the next budget cycle how it intends to
balance these competing, readiness-related goals. We do not
oppose the Air Force's efforts to maintain a higher end
strength, and expect the Department and the Air Force to work
with the Congress in finding appropriate funding sources in
2009.
End strength levels for the active forces for fiscal year
2009 are set forth in the following table:

[[Page H8931]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2009 Change from
FY 2008 ---------------------------------------------------------------------------
Service authorized FY 2008
Request Recommendation FY 2009 request authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army..................................................... 525,400 532,400 532,400 0 7,000
Navy..................................................... 329,098 325,300 326,323 1,023 -2,775
Marine Corps............................................. 189,000 194,000 194,000 0 5,000
Air Force................................................ 329,563 316,600 317,050 450 -12,513
----------------------------------------------------------------------------------------------
DOD Total............................................ 1,373,061 1,368,300 1,369,773 1,473 -3,288
--------------------------------------------------------------------------------------------------------------------------------------------------------

Revision in permanent active duty end strength minimum levels
(sec. 402)
The House bill contained a provision (sec. 402) that would
establish the following minimum end strengths for active-duty
personnel as of September 30, 2009: Army, 532,400; Navy,
326,323; Marine Corps, 194,000; and Air Force 317,050.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would establish a minimum end strength of
325,300 active-duty personnel for the Navy.
Minimum end strength levels for active forces are set forth
in the following table:

----------------------------------------------------------------------------------------------------------------
FY 2009 Change from
Service FY 2008 -------------------------------------
authorized Recommendation FY 2008
----------------------------------------------------------------------------------------------------------------
Army................................................... 525,400 532,400 7,000
Navy................................................... 328,400 325,300 -3,100
Marine Corps........................................... 189,000 194,000 5,000
Air Force.............................................. 328,600 317,050 -11,550
--------------------------------------------------------
DOD Total.......................................... 1,371,400 1,368,750 -2,650
----------------------------------------------------------------------------------------------------------------

Subtitle B--Reserve Forces

End strengths for Selected Reserve (sec. 411)
The House bill contained a provision (sec. 411) that would
authorize the following end strengths for Selected Reserve
personnel, including the end strengths for reserves on active
duty in support of the reserves as of September 30, 2009: the
Army National Guard of the United States, 352,600; the Army
Reserve, 205,000; the Navy Reserve, 66,700; the Marine Corps
Reserve, 39,600; the Air National Guard of the United States,
106,700; the Air Force Reserve, 67,400; and the Coast Guard
Reserve, 10,000.
The Senate bill contained a similar provision (sec.
411) that would authorize an end strength of 106,756 for
the Air National Guard of the United States and identical
end strengths for the other services.
The agreement includes the Senate provision.
End strength levels for the Selected Reserve for fiscal
year 2009 are set forth in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2009 Change from
FY 2008 ---------------------------------------------------------------------------
Service authorized Conference FY 2008
Request recommendation FY 2009 request authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army National Guard...................................... 351,300 352,600 352,600 0 1,300
Army Reserve............................................. 205,000 205,000 205,000 0 0
Navy Reserve............................................. 67,800 66,700 66,700 0 -1,100
Marine Corps Reserve..................................... 39,600 39,600 39,600 0 0
Air National Guard....................................... 106,700 106,700 106,756 56 56
Air Force Reserve........................................ 67,500 67,400 67,400 0 -100
----------------------------------------------------------------------------------------------
DOD Total............................................ 837,900 838,000 838,056 0 156
Coast Guard Reserve...................................... 10,000 10,000 10,000 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------

End strengths for reserves on active duty in support of the
reserves (sec. 412)
The House bill contained a provision (sec. 412) that would
authorize the following end strengths for reserves on active
duty in support of the reserve components as of September 30,
2009: the Army National Guard of the United States, 32,060;
the Army Reserve, 17,070; the Navy Reserve, 11,099; the
Marine Corps Reserve, 2,261; the Air National Guard of the
United States, 14,337; and the Air Force Reserve, 2,733.
The Senate bill contained a similar provision (sec. 412)
that would authorize end strengths of 29,950 for the Army
National Guard of the United States; 16,170 for the Army
Reserve; 14,360 for the Air National Guard of the United
States; and identical end strengths for the other components.
The agreement includes the House provision with an
amendment that would authorize end strengths of 16,170 for
the Army Reserve and 14,360 for the Air National Guard of the
United States.
End strength levels for reserves on active duty in support
of the reserves are set forth in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2009 Change from
FY 2008 ---------------------------------------------------------------------------
Service authorized FY 2008
Request Recommendation FY 2009 request authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
Army National Guard...................................... 29,204 29,950 32,060 2110 2,856
Army Reserve............................................. 15,870 16,170 16,170 0 300
Navy Reserve............................................. 11,579 11,099 11,099 0 -480
Marine Corps Reserve..................................... 2,261 2,261 2,261 0 0
Air National Guard....................................... 13,936 14,337 14,360 23 424
Air Force Reserve........................................ 2,721 2,733 2,733 0 12
----------------------------------------------------------------------------------------------
DOD Total............................................ 75,571 76,550 78,683 2133 3,112
--------------------------------------------------------------------------------------------------------------------------------------------------------

End strengths for military technicians (dual status) (sec.
413)
The House bill contained a provision (sec. 413) that would
authorize the following end strengths for military
technicians (dual status) as of September 30, 2009: the Army
Reserve, 8,395; the Army National Guard of the United States,
27,210; the Air Force Reserve, 10,003; and the Air National
Guard of the United States, 22,452.
The Senate bill contained a similar provision (sec. 413)
that would authorize an end strength of 22,459 for the Air
National Guard of the United States, and identical end
strengths for the other components.
The agreement includes the House provision.
End strength levels for military technicians (dual status)
are set forth in the following table:

[[Page H8932]]

DOD Total............................................ 67,213 68,060 68,060 0 847
--------------------------------------------------------------------------------------------------------------------------------------------------------

Fiscal year 2009 limitation on number of non-dual status
technicians (sec. 414)
The House bill contained a provision (sec. 414) that would
establish the maximum end strengths for the reserve
components of the Army and Air Force for non-dual status
technicians as of September 30, 2009.
The Senate bill contained an identical provision (sec.
414).
The agreement includes this provision.
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 415)
The House bill contained a provision (sec. 415) that would
authorize the maximum number of reserve component personnel
who may be on active duty or full-time National Guard duty
under section 115(b) of title 10, United States Code, during
fiscal year 2009 to provide operational support.
The Senate bill contained an identical provision (sec.
415).
The agreement includes this provision.
Additional waiver authority of limitation on number of
reserve component members authorized to be on active duty
(sec. 416)
The House bill contained a provision (sec. 416) that would
amend section 123a of title 10, United States Code, to
authorize the President to waive the limitations on the
number of reserve component personnel who can be on active
duty for operational support to provide assistance in
responding to a major disaster or emergency.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle C--Authorization of Appropriations

Military personnel (sec. 421)
The House bill contained a provision (sec. 421) that would
authorize appropriations for military personnel.
The Senate bill contained a similar provision (sec. 421).
The agreement includes this provision.
The following are the changes from the budget request for
the military personnel accounts:

[Changes in millions of dollars]

Increase in military pay raise 324.0
Restore military to civilian conversions-Navy 26.8
Restore military to civilian conversions-Air Force 38.8
Restore military to civilian conversions-Undistributed 35.5
Increase Air National Guard end strength 3.3
Increase Army National Guard full-time support positions 85.0
Senior Leadership Diversity Commission 0.3
Permanent prohibition on charging meals at MTFs 1.0
Increase in maximum temporary lodging expenses 37.0
Second family housing allowance for dual military couples 2.0
Nurse candidate accession bonus and monthly stipend 2.0
New bonuses for psychologists and other mental health officers 13.0
Additional weight allowance for spouses 13.0
Continuation of bonuses for certain service members 1.0
Reduction of unobligated military personnel balances -1,038.2
________________

Total..........................................................-455.5

Legislative Provision Not Adopted

Increased end strengths for Reserves on active duty in
support of the Army National Guard and Army Reserve and
military technicians (dual status) of the Army National
Guard
The Senate bill contained a provision (sec. 416) that would
authorize additional Active Guard and Reserve (AGR) end
strength for the Army National Guard and Army Reserve, and
additional end strength for Army National Guard military
technicians (dual status).
The House bill contained no similar provision.
The agreement does not include the provision.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy Generally

Mandatory separation requirements for regular warrant
officers for length of service (sec. 501)
The House bill contained a provision (sec. 501) that would
amend section 1305 of title 10, United States Code, to
provide that regular warrant officers of the Navy, Marine
Corps, and Coast Guard who have at least 30 years of total
active service that could be credited to the officer shall be
retired 60 days after the date the warrant officer completes
that service. For regular Army warrant officers, the
provision would specify that only years of active service as
a warrant officer should be used in calculating 30 years of
active service for mandatory retirement.
The Senate bill contained a similar provision (sec. 509).
The agreement includes the House provision.
Requirements for issuance of posthumous commissions and
warrants (sec. 502)
The House bill contained a provision (sec. 502) that would
amend sections 1521 and 1522 of title 10, United States Code,
to replace the condition for a posthumous commission or
warrant that the death be in the line of duty with a
requirement for a certification by the secretary concerned
that, at the time of death, the member was qualified for
appointment to the next higher grade.
The Senate bill contained a similar provision (sec. 510).
The agreement includes the House provision with a technical
amendment.
Authorized number of general officers on active duty in the
Army and Marine Corps, limited exclusion for joint duty
requirements, and increase in number of officers serving
in grades above major general and rear admiral (sec. 503)
The House bill contained a provision (sec. 504) that would
amend sections 525 and 526 of title 10, United States Code,
to allow an increase of one general officer in the rank of
lieutenant general for the Marine Corps.
The Senate bill contained a provision (sec. 501) that would
increase from 16.3 percent to 16.4 percent the percentage of
general and flag officers in a military service that may be
appointed above the grade of major general or rear admiral,
and exclude from the limitations of section 525 of title 10,
United States Code, those reserve general or flag officers on
active duty under orders specifying a period of active duty
of not longer than three years.
The agreement includes the House provision with an
amendment that would amend section 526 of title 10, United
States Code, to increase the authorized number of Army
general officers on active duty from 302 to 307, with the
increased authorization reserved for Army general officers
who serve in acquisition positions and increase the number of
Marine Corps general officers on active duty from 80 to 81.
The provision would increase from 12 to 65 the number of
general and flag officer joint duty assignment positions that
the Chairman of the Joint Chiefs of Staff can exclude from
the limitations on general and flag officers on active duty,
five of which are reserved for general or flag officers who
serve in an acquisition position, including one assignment in
the Defense Contract Management Agency. The provision would
also amend section 525 of title 10, United States Code, to
increase from 16.3 percent to 16.4 percent the percentage of
general and flag officers in a military service that may be
appointed above the grade of major general or rear admiral.
Modification of authority on Staff Judge Advocate to the
Commandant of the Marine Corps (sec. 504)
The House bill contained a provision (sec. 551) that would
amend section 5046 of title 10, United States Code, to
require that the Staff Judge Advocate to the Commandant of
the Marine Corps serve in the grade of major general.
The Senate bill contained a similar provision (sec. 507)
that would also exclude an officer serving in this grade and
position from the limitation on the authorized number of
officers serving in grades above brigadier general in the
Marine Corps.
The agreement includes the Senate provision with a
technical amendment.
Eligibility of reserve officers to serve on boards of inquiry
for separation of regular officers for substandard
performance and other reasons (sec. 505)
The Senate bill contained a provision (sec. 506) that would
amend section 1187 of title 10,

[[Page H8933]]

United States Code, to authorize reserve officers to serve as
members of boards of inquiry convened to consider whether
regular officers should be retained on active duty. This
implements a recommendation of the Commission on the National
Guard and Reserves regarding elimination of policies which
unnecessarily distinguish reserve component personnel from
their active duty counterparts and thereby impede full
integration.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Delayed authority to alter distribution requirements for
commissioned officers on active duty in general officer
and flag officer grades and limitations on authorized
strengths of general and flag officers (sec. 506)
The Senate amendment contained a provision (sec. 502) that
would amend section 526 of title 10, United States Code, to
authorize the Secretary of Defense to designate up to 324
general and flag officer positions as joint duty assignments
that would be excluded from the limitation on the number of
general and flag officers in each service and would specify
the minimum number of officers required to serve in these
positions for each service. The provision would realign the
number of general and flag officers authorized to serve on
active duty in the Army from 302 to 222 officers; in the Navy
from 216 to 159 officers; in the Air Force from 279 to 206
officers; and in the Marine Corps from 80 to 59 officers. The
provision would also repeal section 721 of title 10, United
States Code, which limits the number of general and flag
officers authorized to serve in positions outside their
own service. The provision would also establish goals for
the number of general and flag officers in the Department
of Defense (DOD) and the military services who serve in
acquisition positions and who have significant contracting
experience.
The House bill contained no similar provision.
The agreement includes the provision with an amendment that
would delay implementation until 1 year after the Secretary
of Defense submits to Congress a report on the proposed
implementation of the provision. The amendment would also
amend sections 525 and 526 of title 10, United States Code,
to specify the distribution and authorized strength limits of
commissioned officers on active duty in general officer and
flag officer grades. Finally, the amendment would remove the
goals for the number of general and flag officers who serve
in acquisition positions as this is addressed elsewhere in
this bill.

Subtitle B--Reserve Component Management

Extension to other reserve components of Army authority for
deferral of mandatory separation of military technicians
(dual status) until age 60 (sec. 511)
The House bill contained a provision (sec. 511) that would
amend section 10216(f) of title 10, United States Code, to
extend to the Secretary of the Air Force the same authority
previously granted to the Secretary of the Army to delay
mandatory separation of dual status military technicians for
years of service or other policy consideration until age 60.
The Senate bill contained a similar provision (sec. 532).
The agreement includes the Senate provision.
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 (sec. 512)
The House bill contained a provision (sec. 512) that would
amend section 12011 of title 10, United States Code, to
increase the limit on the number of Marine Corps lieutenant
colonels authorized to serve on full-time reserve component
duty at the end of any fiscal year.
The Senate bill contained a similar provision (sec. 417).
The agreement includes the House provision with an
amendment that would also increase the limit on Army and Air
National Guard officers and Army National Guard enlisted
personnel serving on full-time reserve component duty.
Clarification of authority to consider for a vacancy
promotion National Guard officers ordered to active duty
in support of a contingency operation (sec. 513)
The House bill contained a provision (sec. 513) that would
amend section 14317 of title 10, United States Code, to
authorize the promotion of reserve component officers,
including National Guard officers, who are recommended for
promotion to fill a position vacancy under section 14315 of
title 10, United States Code, and who are ordered to active
duty in support of a contingency operation.
The Senate bill contained a similar provision (sec. 534).
The agreement includes the House provision.
Increase in mandatory retirement age for certain Reserve
officers (sec. 514)
The House bill contained a provision (sec. 514) that would
amend sections 12647 and 14702 of title 10, United States
Code, to increase the mandatory retirement age from age 60 to
age 62 for commissioned officers assigned to the Selective
Service System, as National Guard property and fiscal
officers, and Army National Guard officers assigned to a
headquarters or headquarters detachment of a State.
The Senate bill contained a similar provision (sec. 533).
The agreement includes the House provision.
Age limit for retention of certain Reserve officers on
active-status list as exception to removal for years of
commissioned service (sec. 515)
The House bill contained a provision (sec. 515) that would
authorize the Secretary of the Army and the Secretary of the
Air Force to retain Reserve officers in the grade of
lieutenant general beyond mandatory retirement for years of
service until the officer becomes 66 years of age.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Authority to retain Reserve chaplains and officers in medical
and related specialties until age 68 (sec. 516)
The House bill contained a provision (sec. 516) that
would amend section 14703(b) of title 10, United States
Code, and section 324(a) of title 32, United States Code,
to authorize reserve component chaplains and medical
officers to be retained in an active status until the date
on which the officer becomes 68 years of age.
The Senate bill contained a similar provision (sec. 535).
The agreement includes the House provision.
Modification of authorities on dual duty status of National
Guard officers (sec. 517)
The Senate bill contained a provision (sec. 536) that would
amend section 325 of title 32, United States Code, to
authorize all National Guard officers, not just those in
command of National Guard units, to retain their state status
while serving on active duty when authorized by the President
and with the consent of the Governor or the commanding
general of the District of Columbia National Guard as
applicable. The provision would also allow the consent or
authorization to be given in advance for the purpose of
establishing the succession of command of a unit.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Study and report regarding Marine Corps personnel policies
regarding assignments in Individual Ready Reserve (sec.
518)
The House bill contained a provision (sec. 517) that would
require the Secretary of the Navy to conduct a study on the
policies, procedures, and impact on personnel of the Marine
Corps Reserve relating to transfers between the Selected
Reserve and Individual Ready Reserve.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Report on collection of information on civilian skills of
members of the reserve components of the armed forces
(sec. 519)
The Senate bill contained a provision (sec. 538) that would
require the Secretary of Defense to submit a report by March
1, 2009, on the feasibility, uses, and cost effectiveness of
collecting information about skills, qualifications, and
professional certifications possessed by members of the
reserve components.
The House bill contained no similar provision.
The agreement includes the Senate provision.

Subtitle C--Joint Qualified Officers and Requirements

Joint duty requirements for promotion to general or flag
officer (sec. 521)
The House bill contained a provision (sec. 521) that would
amend section 619a of title 10, United States Code, to
provide that with certain exceptions, an officer must be
designated as a joint qualified officer, rather than a joint
specialty officer, in accordance with section 661 of title
10, United States Code, before being eligible for promotion
to general or flag officer.
The Senate bill contained a similar provision (sec. 503).
The agreement includes the House provision with a technical
amendment.
Technical, conforming, and clerical changes to joint
specialty terminology (sec. 522)
The House bill contained a provision (sec. 522) that would
amend the terminology used in sections 661, 663, 665, and 667
of title 10, United States Code, to correspond with changes
made in section 516 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
replacing references to ``joint specialty officer'' with
``joint qualified officer.''
The Senate bill contained a similar provision (sec. 505).
The agreement includes the House provision.
Promotion policy objectives for joint qualified officers
(sec. 523)
The House bill contained a provision (sec. 523) that would
amend section 662 of title 10, United States Code, to provide
that officers in the grade of major or lieutenant commander
and above who are designated as joint qualified officers are
expected, as a group, to be promoted to the next higher

[[Page H8934]]

grade at a rate not less than the rate for all officers of
the same armed force in the same grade and competitive
category.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would retain the current requirement that
officers who are serving or have served on the joint staff
are expected, as a group, to be promoted to the next higher
grade at a rate not less than the rate for officers of the
same armed force in the same grade and competitive category
who are serving or have served on the headquarters staff
of their armed force.
Length of joint duty assignments (sec. 524)
The House bill contained a provision (sec. 524) that would
amend section 664 of title 10, United States Code, to align
prescribed joint duty assignment lengths with the joint
qualification system implemented pursuant to section 516 of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364), to take into account multiple
joint experiences in satisfying joint duty assignment
requirements.
The Senate bill contained a similar provision (sec. 504).
The agreement includes the House provision.
Designation of general and flag officer positions on Joint
Staff as positions to be held only by reserve component
officers (sec. 525)
The House bill contained a provision (sec. 525) that would
amend section 526 of title 10, United States Code, to allow
the Chairman of the Joint Chiefs of Staff to exempt up to
three reserve general and flag officers from counting against
the general and flag officer limitations.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Modification of limitations on authorized strengths of
reserve general and flag officers in active status
serving in joint duty assignments (sec. 526)
The Senate bill contained a provision (sec. 531) that would
amend section 12004 of title 10, United States Code, to
exclude from the limitations on the numbers of reserve
general and flag officers in an active status those reserve
general and flag officers serving in joint duty assignments.
The number of reserve general and flag officers excluded
could not exceed 20 percent of the number of authorized flag
and general officers authorized for the service concerned.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment to also exclude from the limitations on the numbers
of reserve general and flag officers in an active status
Marine Corps reserve officers serving in joint duty
assignments.
Reports on joint education courses available through the
Department of Defense (sec. 527)
The House bill contained a provision (sec. 526) that would
amend section 10506(a)(3) of title 10, United States Code, to
require that service of an officer as the adjutant general of
the National Guard of a State be treated as joint duty
experience for assignment or promotion to any position
designated by law as open to a National Guard general
officer. The provision would require the Chief of the
National Guard Bureau to issue a report to the Chairman of
the Joint Chiefs of Staff and Congress recommending which
duty of officers of the National Guard in the Joint Force
Headquarters of the National Guard of the States should
qualify as joint duty or joint duty experience. The provision
would require that the Chairman of the Joint Chiefs of Staff
submit three annual reports to Congress on the joint
educational courses available through the Department. The
provision would also require Commander, United States
Northern Command, Commander, United States Pacific Command,
and the Chief of the National Guard Bureau, with the approval
of the Secretary of Defense, to jointly enter into a
memorandum of understanding regarding operational
relationships and individual roles and responsibilities
during responses to domestic emergencies.
The Senate bill contained no similar provision.
The agreement requires the Chairman of the Joint Chiefs of
Staff to report to Congress on the joint education courses
available through the Department in 3 successive years
starting in 2009.
The Department is requested to expedite review of the
findings of the final report to Congress and the Secretary of
Defense of the Commission on the National Guard and Reserves,
dated January 31, 2008, as required elsewhere in this bill.

Subtitle D--General Service Authorities

Increase in maximum period of reenlistment of regular members
of the armed forces (sec. 531)
The House bill contained a provision (sec. 531) that would
amend section 505(d) of title 10, United States Code, and
section 308(a) of title 37, United States Code, to increase
from 6 to 8 years the maximum period of reenlistment of
regular members of the armed forces.
The Senate bill contained a similar provision (sec. 521).
The agreement includes the House provision with a technical
amendment.
Paternity leave for members of the armed forces (sec. 532)
The Senate bill contained a provision (sec. 583) that would
amend section 701 of title 10, United States Code, to
authorize up to 21 days of leave for a male service member
whose spouse gives birth to a child. The leave would be in
addition to any other leave to which the service member is
entitled.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would mandate 10 days of paternity leave for
service members, and would authorize the secretaries
concerned to implement the benefit by service regulation.
Pilot programs on career flexibility to enhance retention of
members of the armed forces (sec. 533)
The House bill contained a provision (sec. 532) that would
authorize the secretaries of the military departments to
conduct pilot programs to evaluate the need for more
flexibility in career patterns of a limited number of active-
duty officers and enlisted members. Under the pilot programs,
selected service members would leave active duty for a period
of up to 3 years, and then return to active duty in the same
grade and years of service that they held at the time they
were inactivated. Time spent while inactivated would not
count toward retirement eligibility, computation of retired
pay, or years of service.
The Senate bill contained a similar provision (sec. 585)
that would provide that the authority to conduct pilot
programs would commence January 1, 2009, and end December 31,
2014. The provision would also require the secretaries of the
military departments to submit interim reports in 2010 and
2012. The Secretary of Defense would be required to submit a
final report no later than March 1, 2015, evaluating all the
pilot programs conducted under this authority.
The agreement includes the Senate provision with an
amendment that would limit participation in the pilot
programs to 20 enlisted personnel and 20 officers per year
per service. The amendment would also establish that the
pilot program authority would commence January 1, 2009, and
that no member of the armed forces could be released from
active duty under a pilot program after December 31, 2012.
Finally, the amendment would require interim reports from the
service secretaries to the congressional defense committees
no later than June 1, 2011, and June 1, 2013, and a final
report from the Secretary of Defense no later than March 1,
2016.

Subtitle E--Education and Training

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
(sec. 540)
The House bill contained a provision (sec. 541) that would
amend sections 6954 and 9342 of title 10, United States Code,
to extend the authority of the Secretary of the Navy and the
Secretary of the Air Force to increase the size of the
Brigade of Midshipmen and the Cadet Wing at the United States
Naval Academy and Air Force Academy respectively by up to 100
cadets per year to a maximum of 4,400 cadets.
The Senate bill contained a similar provision (sec. 551)
that would provide that the authorized strength of the
Brigade of Midshipmen at the United States Naval Academy is
4,400 midshipmen, or such lower number as may be prescribed
by the Secretary of the Navy.
The agreement includes the Senate provision with an
amendment that would provide that the maximum authorized
strengths of the Military Academy, the Naval Academy, and the
Air Force Academy are each 4,400 cadets or midshipmen.
Promotion of foreign and cultural exchange activities at
military service academies (sec. 541)
The House bill contained a provision (sec. 542) that would
amend chapters 403, 603, and 903 of title 10, United States
Code, to allow the military service academies to support
foreign and cultural exchange programs for up to two weeks a
year to foster the development of foreign language skills,
cross cultural interactions and understanding, and cultural
immersion of cadets and midshipmen.
The Senate bill contained a similar provision (sec. 555).
The agreement includes the House provision.
Increased authority to enroll defense industry employees in
defense product development program (sec. 542)
The House bill contained a provision (sec. 544) that would
amend section 7049 of title 10, United States Code, to
increase from 25 to 125 the number of defense industry
employees who could receive instruction at the Naval
Postgraduate School.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Expanded authority for institutions of professional military
education to award degrees (sec. 543)
The House bill contained a provision (sec. 549) that would
authorize the President of the National Defense Intelligence
College, the President of the National Defense University,
the Commandant of the United States Army Command and General
Staff

[[Page H8935]]

College, the Commandant of the United States Army War
College, the President of the Naval Postgraduate School, the
President of the Naval War College, the President of the
Marine Corps University, and the Commander of the Air
University, for both the Air Force Institute of Technology
and for the Air University, to confer appropriate degrees
upon graduates who meet degree requirements. A degree would
not be conferred under this authority unless the Secretary of
Education has recommended approval of the degree and the
college or university is accredited by the appropriate
civilian academic accrediting agency or organization.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Tuition for attendance of federal employees at the United
States Air Force Institute of Technology (sec. 544)
The Senate bill contained a provision (sec. 552) that would
amend section 9314(c) of title 10, United States Code, to
require the United States Air Force Institute of Technology
to charge tuition for instruction of civilians from the
military departments, other components of the Department of
Defense, and other federal agencies, and to use these funds
to defray the costs of such instruction.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Increase in number of permanent professors at the United
States Air Force Academy (sec. 545)
The Senate bill contained a provision (sec. 508) that would
amend section 9331 of title 10, United States Code, to
increase from 21 to 25 the number of permanent professors at
the Air Force Academy.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would increase from 21 to 23 the number of
permanent professors at the Air Force Academy.
Requirement of completion of service under honorable
conditions for purposes of entitlement to educational
assistance for reserve component members supporting
contingency operations (sec. 546)
The House bill contained a provision (sec. 545) that would
amend section 16164 of title 10, United States Code, to
clarify that only service members who separate under
honorable conditions are eligible to use the educational
benefits under chapter 1607 of title 10, United States Code,
for a period of 10 years after separation.
The Senate bill contained a similar provision (sec. 554).
The agreement includes the Senate provision with an
amendment that would make this provision effective on the
date of enactment of this Act and apply to persons who
separate after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) who, as of the date of enactment of this Act, have
not used any of their entitlement under chapter 1607 of title
10, United States Code.
Consistent education loan repayment authority for health
professionals in regular components and Selected Reserve
(sec. 547)
The House bill contained a provision (sec. 546) that would
equate the maximum limits for loan repayment programs for
health professionals in the reserve components under section
16302 of title 10, United States Code, with the maximum
limits for loan repayment programs for active-duty health
professionals under section 2173 of title 10, United States
Code.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Increase in number of units of Junior Reserve Officers'
Training Corps (sec. 548)
The House bill contained a provision (sec. 547) that would
require the Secretary of Defense, in consultation with the
secretaries of the military departments, to develop and
implement a plan to establish and support 4,000 Junior
Reserve Officers' Training Corps units by fiscal year 2020.
The section would also require the Secretary of Defense to
submit a report to the congressional defense committees that
would provide information on how the services will achieve
this goal, as well as other pertinent information, by March
31, 2009.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment to develop and implement a plan to establish
and support 3,700 Junior Reserve Officers' Training Corps
units by fiscal year 2020.
Correction of erroneous Army College Fund benefit amounts
(sec. 549)
The House bill contained a provision (sec. 548) that would
authorize the Secretary of the Army, through the Army Board
for Correction of Military Records, to consider, from January
1, 2009, through June 30, 2009, a request for the correction
of military records relating to the amount of the Army
College Fund benefit to which an applicant may be entitled
under an Army incentive program contract. The provision would
clarify that the Secretary may pay such amounts as the
Secretary considers necessary without regard to any limits on
the total combined amounts established for the Army College
Fund and the Montgomery G.I. Bill.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would allow consideration of such requests
through December 31, 2009.
Enhancing education partnerships to improve accessibility and
flexibility for members of the Armed Forces (sec. 550)
The House bill contained a provision (sec. 550) that would
authorize service secretaries to enter into partnership
agreements with educational institutions in the United States
for the purpose of developing plans to improve accessibility
and flexibility of college courses available to service
members; improving the application process for the armed
forces tuition assistance programs and raising awareness
regarding educational opportunities available to service
members; developing curriculum, distance education programs,
and career counseling designed to meet the professional,
financial, academic, and social needs of service members; and
assessing how resources may be applied more effectively to
meet the educational needs of service members.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle F--Defense Dependents' Education

Continuation of authority to assist local educational
agencies that benefit dependents of members of the armed
forces and Department of Defense civilian employees (sec.
551)
The House bill contained a provision (sec. 571) that would
authorize $50.0 million for continuation of the Department of
Defense (DOD) assistance program to local agencies that are
impacted by enrollment of dependent children of military
members and DOD civilian employees. This provision would also
authorize $15.0 million for assistance to local educational
agencies with significant changes in enrollment of military
and civilian school-aged dependent children due to base
closures, force structure changes, or force relocations.
The Senate bill contained a similar provision (sec. 561)
that would authorize $30.0 million and $10.0 million for each
assistance program, respectively.
The agreement includes the Senate provision with an
amendment that would authorize $35.0 million and $15.0
million for each program, respectively.
Impact aid for children with severe disabilities (sec. 552)
The Senate bill contained a provision (sec. 562) that would
authorize $5.0 million for impact aid payments for children
with disabilities for continuation of the Department of
Defense's assistance to local educational agencies that
benefit dependents with severe disabilities.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Transition of military dependent students among local
educational agencies (sec. 553)
The Senate bill contained a provision (sec. 563) that would
require the Secretary of Defense to work with the Secretary
of Education in any efforts to ease the transition of
military dependent students between Department of Defense
schools, schools of local educational agencies, and other
schools. The provision would authorize the Secretary of
Defense to use funds of the Department of Defense Education
Activity for this purpose.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would make the authority temporary, expiring
on September 30, 2013. The amendment would also allow
distance learning and training programs for military students
and teachers.
Calculation of payments for eligible federally connected
children under Department of Education's impact aid
program (sec. 554)
The House bill contained a provision (sec. 572) that would
amend section 8003(c)(2) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(c)) to allow
calculation of impact aid payments for certain local
educational agencies to be based on student population data
from the current school year rather than the previous school
year's population.
The Senate bill contained no similar provision.
The agreement included the House provision with an
amendment that would amend the Elementary and Secondary
Education Act of 1965 to change the requisite number of
federally connected children that attend area schools daily
in order for a school district to receive impact aid from
6,500 to 5,000 students in fiscal year 2009.

Subtitle G--Military Justice

Effective period of military protective orders (sec. 561)
The House bill contained a provision (sec. 552) that would
amend chapter 80 of title 10, United States Code, to extend a
standing military protective order by a military commander
until the allegation prompting the protective order is
resolved by investigation, courts martial, or other command
determined adjudication, or the military commander issues a
new order.
The Senate bill contained no similar provision.

[[Page H8936]]

The agreement includes the House provision with an
amendment that would provide that a military protective order
issued by a military commander shall remain in effect until
the military commander terminates the order or issues a new
order.
Mandatory notification of issuance of military protective
order to civilian law enforcement (sec. 562)
The House bill contained a provision (sec. 553) that would
amend chapter 80 of title 10, United States Code, to require
the commander of a military installation to notify
appropriate civilian authorities in the event a military
protective order is issued against a member of the armed
forces when any individual involved in the order does not
reside on a military installation.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Implementation of information database on sexual assault
incidents in the armed forces (sec. 563)
The House bill contained a provision (sec. 554) that would
require the Secretary of Defense to implement a centralized,
case-level database for the collection and maintenance of
information regarding sexual assaults involving members of
the armed forces.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the status of the
Defense Incident-Based Reporting System and an explanation of
how this system will relate to the sexual assault database.

Subtitle H--Decorations, Awards, and Honorary Promotions

Replacement of military decorations (sec. 571)
The House bill contained a provision (sec. 561) that would
amend chapter 57 of title 10, United States Code, to require
the secretary concerned to replace, on a one-time basis and
without charge, a military decoration upon the request of the
recipient of the military decoration or the next of kin of a
deceased recipient.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Authorization and request for award of Medal of Honor to
Richard L. Etchberger for acts of valor during the
Vietnam War (sec. 572)
The House bill contained a provision (sec. 562) that would
authorize the President to award the Medal of Honor to
Richard L. Etchberger, who served in the United States Air
Force during the Vietnam War. This section would also waive
the statutory time limitation under section 8744 of title 10,
United States Code.
The Senate bill contained no similar provision.
The agreement includes the House provision with a technical
amendment.

Subtitle I--Military Families

Presentation of burial flag to the surviving spouse and
children of deceased members of the armed forces (sec.
581)
The House bill contained a provision (sec. 581) that would
amend section 1482 of title 10, United States Code, to
authorize the presentation of a burial flag to the surviving
spouse of a deceased service member when the surviving spouse
is not otherwise entitled to a flag as the person designated
to direct the disposition of the remains.
The Senate bill contained a similar provision (sec. 641)
that would also authorize the presentation of a burial flag
to each child of a deceased service member.
The agreement includes the House provision with an
amendment that would authorize the presentation of a burial
flag to each child of a deceased service member.
Education and training opportunities for military spouses
(sec. 582)
The House bill contained a provision (sec. 582) that would
authorize the Secretary of Defense to establish programs to
assist the spouse of a service member serving on active duty
in receiving education and training required for a degree,
credential, or professional licensure in order to expand
employment and career opportunities for spouses. The
provision would also authorize tuition assistance to pursue
such education and training.
The Senate bill contained a provision (sec. 571) that would
authorize the Secretary to establish programs to provide or
make available to spouses of service members on active duty
education, training, and financial assistance to facilitate
the pursuit of a portable career.
The agreement includes the House provision with an
amendment that would clarify that these programs may be used
to enable a spouse to pursue a portable career, and would
clarify the definition of a portable career.
Sense of the Congress regarding honor guard details for
funerals of veterans (sec. 583)
The House bill contained a provision (sec. 583) that would
express 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.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle J--Other Matters

Prohibition on interference in independent legal advice by
the Legal Counsel to the Chairman of the Joint Chiefs of
Staff (sec. 591)
The Senate bill contained a provision (sec. 586) that would
amend section 156(d) of title 10, United States Code, to
prohibit any officer or employee of the Department of Defense
from interfering with the ability of the legal counsel to the
Chairman of the Joint Chiefs of Staff to give independent
legal advice to the Chairman of the Joint Chiefs of Staff and
to the Joint Chiefs of Staff.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Interest payments on certain claims arising from correction
of military records (sec. 592)
The House bill contained a provision (sec. 592) that would
require the service secretaries to pay interest on claims
arising from the correction of a military record that
involves setting aside a conviction by court-martial. The
provision would apply to any sentence of a court-martial set
aside by a corrections board after October 1, 2007.
The Senate bill contained a provision (sec. 582) that would
authorize the Secretary of Defense and the service
secretaries to provide relief to a member or former member of
the armed forces who, in the determination of the Secretary
concerned, had suffered imprisonment pursuant to a court-
martial conviction as a result of an injustice or error on
the part of the Department of Defense or any of its employees
acting in their official capacity. The relief provided would
include the payment of monies, including interest, from funds
available for emergency and extraordinary expenses under
section 127 of title 10, United States Code.
The agreement includes the House provision with an
amendment that would specify that the interest paid be at a
rate determined by the Secretary concerned, unless the
Secretary concerned determines that the payment of interest
is inappropriate under the circumstances.
Extension of limitation on reductions of personnel of
agencies responsible for review and correction of
military records (sec. 593)
The House bill contained a provision (sec. 593) that would
amend section 1559(a) of title 10, United States Code, to
change the termination date for the limitation on reductions
of personnel of the service boards of correction of
military records from October 1, 2008, to December 31,
2010.
The Senate bill contained no such provision.
The agreement includes the House provision.
The boards for correction of military records perform a
vital function in ensuring timely review and disposition of
applications for relief under chapter 79 of title 10, United
States Code. The Secretary of Defense is directed to submit a
report to the Committees on Armed Services of the Senate and
House of Representatives no later than July 1, 2009,
regarding the operation of the services' boards of
correction. The report should discuss the compliance by each
service with the statutory timeliness standards for
disposition of applications before corrections boards since
2001 and an assessment whether the limitation on personnel
reductions in section 1559(a) continue to be necessary to
ensure compliance with processing time requirements.
Modification of matching fund requirements under National
Guard Youth Challenge Program (sec. 594)
The Senate bill contained a provision (sec. 537) that would
amend section 509(d) of title 32, United States Code, to
clarify that the limitation on assistance provided by the
Department of Defense to a State National Guard Youth
Challenge Program may not be construed as a limitation on the
amount of assistance that may be provided by other sources,
nor should contributions from other sources be included in
calculating the Department's share of the costs of operating
State programs.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Military salute for the flag during the national anthem by
members of the armed forces not in uniform and by
veterans (sec. 595)
The Senate bill contained a provision (sec. 1081) that
would amend section 301 of title 36, United States Code, to
authorize veterans and members of the armed forces not in
uniform to render a military salute in the same manner as
members of the armed forces in uniform during the playing of
the national anthem.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Military Leadership Diversity Commission (sec. 596)
The House bill contained a provision (sec. 595) that would
establish the Senior Military Leadership Diversity Commission
to study the diversity within the senior leadership of the
armed forces.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would establish the Military Leadership
Diversity Commission to conduct a comprehensive evaluation
and assessment of policies that provide

[[Page H8937]]

for opportunities for the promotion and advancement of
minority members of the armed forces, including minority
members who are senior officers.
Demonstration project on service of retired nurse corps
officers as faculty at civilian nursing schools (sec.
597)
The House bill contained a provision (sec. 941) that would
require the Secretary of Defense to establish a Department of
Defense School of Nursing, and would authorize the Secretary
to conduct a demonstration project to enable retired military
nurses to serve as faculty at civilian nursing schools.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize the Secretary of Defense to
conduct a demonstration project to encourage retired military
nurses to serve as faculty at civilian nursing schools.
Report on planning for participation and hosting of the
Department of Defense in international sports activities,
competitions, and events (sec. 598)
The Senate bill contained a provision (sec. 584) that would
amend section 717 of title 10, United States Code, to include
the Military World Games as an international sports
competition in which members of the armed forces may be
authorized to participate. The provision would increase the
maximum amounts from $3.0 million to $6.0 million that the
Secretary of Defense may apportion among the military
departments, and from $100,000 to $200,000 for the Coast
Guard and Department of Homeland Security, that may be spent
during each successive 4 year period beginning on October 1,
2008, for participation in certain international sports
competitions. The provision would also require the Secretary
to submit to the Committees on Armed Services of the Senate
and the House of Representatives not later than October 1,
2009, a report setting forth a comprehensive plan for
participation in and planning for hosting of international
sports activities, competitions, and events.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the report only.

legislative provisions not adopted

Extension of authority to reduce minimum length of active
service required for voluntary retirement as an officer
The House bill contained a provision (sec. 503) that would
extend the period during which the Secretary of Defense may
authorize the secretaries of the military departments to
lower the years of active service as a commissioned officer
required for retirement as an officer from a minimum of 10
years to a minimum of 8 years.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Compensation for civilian President of Naval Postgraduate
School
The House bill contained a provision (sec. 543) that would
authorize the Secretary of the Navy to compensate the
civilian President of the Naval Post Graduate School as the
Secretary prescribes, except that basic pay could not exceed
the rate of compensation authorized for Level I of the
Executive Schedule.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Advancement of Brigadier General Charles E. Yeager, United
States Air Force (Retired), on the retired list
The House bill contained a provision (sec. 563) that would
entitle Brigadier General Yeager to hold the rank of major
general on the retired list of the Air Force.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Brigadier General Yeager is an extraordinary American hero.
During World War II he distinguished himself in aerial combat
over France and Germany by shooting down 13 enemy aircraft
including five on one mission. As an Air force test pilot he
played a pivotal role in the advancement of aviation.
Brigadier General Yeager made history on October 14, 1947,
when he became the first man to fly faster than the speed of
sound and on December 12, 1953, he also became the first man
to fly faster than twice the speed of sound. During the
Vietnam War he flew 127 missions over South Vietnam as the
Commander of the 405th Fighter Wing. He is one of only four
individuals to have received the Special Medal of Honor, the
non-combat equivalent of the Medal of Honor.
For these and many other achievements in a remarkable life
of leadership, commitment, and achievement in service to the
Air Force and the United States, we urge the President to
reconsider Brigadier General Yeager's advancement on the
retired list and immediately nominate him for promotion to
the grade of Major General.
Advancement of Rear Admiral Wayne E. Meyer, United States
Navy (Retired), on the retired list
The House bill contained a provision (sec. 564) that would
authorize and request the President to appoint, by and with
the advice and consent of the Senate, Rear Admiral Wayne E.
Meyer to the grade of vice admiral on the retired list of the
Navy.
The Senate bill contained no similar provision.
The agreement does not include the provision.
The Department of Defense is encouraged to review the
military records of Rear Admiral Meyer and to consider
whether he should be appointed to the grade of vice admiral
on the retired list of the Navy. If the Department concludes
that he should be so appointed, the Administration should
request legislation authorizing the appointment, with the
advice and consent of the Senate.
Award of Vietnam Service Medal to veterans who participated
in Mayaguez rescue operation
The House bill contained a provision (sec. 565) that would
authorize the secretary of a military department to award the
Vietnam Service Medal to eligible veterans in lieu of any
Armed Forces Expeditionary Medal awarded for participation in
the Mayaguez rescue operation of May 12 through May 15, 1975.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Retroactive award of Army Combat Action Badge
The House bill contained a provision (sec. 566) that would
authorize the Secretary of the Army to award the Army Combat
Action Badge to individuals who, while a member of the Army,
participated in combat between December 7, 1941, and
September 18, 2001.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Inclusion of Reserves in providing federal aid for State
governments, enforcing federal authority, and responding
to major public emergencies
The House bill contained a provision (sec. 591) that would
amend sections 331, 332, and 333 of title 10, United States
Code, to clarify that the President's authority to use the
armed forces, including units and members of the Army
Reserve, Navy Reserve, Air Force Reserve, Marine Corps
Reserve, and Coast Guard Reserve, for the purposes delineated
in those sections.
The Senate bill contained no similar provision.
The agreement does not include the provision.
This provision was requested by the Department of Defense
to give the President the maximum flexibility in employing
the armed forces, including the unique capabilities in the
Army, Navy, Marine Corps, and Coast Guard Reserves when
necessary to respond to major disasters or emergencies. Many
State governors have expressed concern about unity of effort
of State and federal forces in delivering emergency services
to citizens of their states and are concerned that they lack
sufficient authority to direct the efforts of federal forces,
including personnel and units of the armed forces.
We agree that this proposal has significant merit. The
Department of Defense should engage with the community of
governors to work out an understanding of unity of effort
during domestic terrorist events and public emergencies. This
key underlying issue must be addressed to allow this and
other promising proposals to be enacted.
Authority to order Reserve units to active duty to provide
assistance in response to a major disaster or emergency
The House bill contained a provision (sec. 594) that would
amend section 12304(b) of title 10, United States Code, to
provide that when the President determines that it is
necessary to assist in responding to a major disaster or
emergency as defined in the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122), the
Secretary of Defense, and the Secretary of Homeland Security
with respect to the Coast Guard when not operating as a
service for the Navy, may be authorized to order any unit or
member of the Army Reserve, Air Force Reserve, Navy Reserve,
Marine Corps Reserve, or Coast Guard Reserve to active duty
for not more than 365 days.
The Senate bill contained no similar provision.
The agreement does not include the provision.
This provision was requested by the Department of Defense
to give the President the maximum flexibility in employing
the armed forces, including the unique capabilities in the
Army, Navy, Marine Corps, and Coast Guard Reserves when
necessary to respond to major disasters or emergencies. Many
State governors have expressed concern about unity of effort
of State and federal forces in delivering emergency services
to citizens of their states and are concerned that they lack
sufficient authority to direct the efforts of federal forces,
including personnel and units of the armed forces.
We agree that this proposal has significant merit. The
Department of Defense should engage with the community of
governors to work out an understanding of unity of effort
during domestic terrorist events and public emergencies. This
key underlying issue must be addressed to allow this and
other promising proposals to be enacted.
Limitation on simultaneous deployment to combat zones of
dual-military couples who have minor dependents
The House bill contained a provision (sec. 596) that would
authorize a member of the

[[Page H8938]]

armed forces with minor dependents to request a deferment of
deployment to an area for which imminent danger pay is
authorized if the member has a spouse who is a member of the
armed forces deployed to such an area.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Additional funds to carry out funeral honor functions at
funerals for veterans
The House bill contained a provision (sec. 597) that would
provide an additional $3.0 million for compliance with the
funeral honors requirements of section 1491 of title 10,
United States Code.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Protection of child custody arrangements for parents who are
members of the armed forces deployed in support of a
contingency operation
The House bill contained a provision (sec. 4510) that would
amend Title II of the Servicemembers' Civil Relief Act (50
U.S.C. App. 521 et seq.) (SCRA) to provide that a court may
not modify or amend any previous judgment or order, or issue
a new order, that would change the custody arrangements for a
child of a servicemember deployed in support of a contingency
operation unless there is clear and convincing evidence that
it is in the best interest of the child. The provision would
also provide that a court may not consider the absence of
a service member by reason of deployment, or possibility
of deployment, in determining the best interest of the
child.
The Senate bill contained no similar provision.
The agreement does not include this provision.
It is the sense of Congress that, when addressing the best
interests of minor children in child custody cases, judges
should, whenever possible, allow service members to return
from deployment before issuing a permanent order regarding
child custody arrangements.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

Fiscal year 2009 increase in military basic pay (sec. 601)
The House bill contained a provision (sec. 601) that would
authorize a pay raise for the members of the uniformed
services of 3.9 percent effective on January 1, 2009. This
across-the-board pay raise is 0.5 percent above the budget
request.
The Senate bill contained an identical provision (sec.
601).
The agreement includes this provision.
Permanent extension of prohibition on charges for meals
received at military treatment facilities by members
receiving continuous care (sec. 602)
The House bill contained a provision (sec. 602) that would
amend section 402 of title 37, United States Code, to make
permanent the prohibition on charges for meals received at
military treatment facilities by certain service members
receiving continuous care.
The Senate bill contained a similar provision (sec. 616).
The agreement includes the Senate provision.
Increase in maximum authorized payment or reimbursement
amount for temporary lodging expenses (sec. 603)
The House bill contained a provision (sec. 604) that would
increase the maximum authorized payment or reimbursement rate
for temporary lodging expenses from $180 per day to $290 per
day.
The Senate bill contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Availability of second family separation allowance for
married couples with dependents (sec. 604)
The House bill contained a provision (sec. 605) that would
require the service secretaries to pay one member of a
married couple, both of whom are members of the uniformed
services who are residing together with dependents prior to a
qualifying deployment, a full family separation allowance
under section 427 of title 37, United States Code, and to pay
the other member one-half of such allowance.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the service secretaries to pay
each member of a married couple who qualify under this
provision a full family separation allowance under section
427 of title 37, United States Code.
Extension of authority for income replacement payments for
reserve component members experiencing extended and
frequent mobilization for active duty service (sec. 605)
The House bill contained a provision (sec. 607) that would
extend for 1 year the authority to pay income replacement for
reserve component members experiencing extended and frequent
mobilization for active duty service.
The Senate bill contained a provision (sec. 614) that
included an identical extension.
The agreement includes the House provision.

Subtitle B--Bonuses and Special and Incentive Pays

Extension of certain bonus and special pay authorities for
reserve forces (sec. 611)
The House bill contained a provision (sec. 611) that would
extend for 1 year the authority to pay the Selected Reserve
reenlistment bonus; the Selected Reserve affiliation or
enlistment bonus; special pay for enlisted members assigned
to certain high priority units; the ready reserve enlistment
bonus for persons without prior service; the ready reserve
enlistment and reenlistment bonus for persons with prior
service; and the Selected Reserve enlistment bonus for
persons with prior service.
The Senate bill contained an identical provision (sec.
611).
The agreement includes this provision.
Extension of certain bonus and special pay authorities for
health care professionals (sec. 612)
The House bill contained a provision (sec. 612) that would
extend until December 31, 2009, the authority to pay the
nurse officer candidate accession bonus; the repayment of
education loans for certain health professionals who serve in
the Selected Reserve; the accession bonus for registered
nurses; incentive special pay for nurse anesthetists; special
pay for Selected Reserve health professionals in critically
short wartime specialties; the accession bonus for dental
officers; the accession bonus for pharmacy officers; the
accession bonus for medical officers in critically short
wartime specialties; and the accession bonus for dental
specialist officers in critically short wartime specialties.
The Senate bill contained a similar provision (sec. 612).
The agreement includes the House provision.
Extension of special pay and bonus authorities for nuclear
officers (sec. 613)
The House bill contained a provision (sec. 613) that would
extend for 1 year the authority to pay the special pay for
nuclear-qualified officers extending their period of active
duty; the nuclear career accession bonus; and the nuclear
career annual incentive bonus.
The Senate bill contained an identical provision (sec.
613).
The agreement includes this provision.
Extension of authorities relating to payment of other title
37 bonuses and special pays (sec. 614)
The House bill contained a provision (sec. 614) that would
extend for 1 year the authority to pay the aviation officer
retention bonus; assignment incentive pay; the reenlistment
bonus for active members; the enlistment bonus; the accession
bonus for new officers in critical skills; the incentive
bonus for conversion to military occupational specialty to
ease personnel shortage; the accession bonus for officer
candidates; and the retention bonus for members with critical
military skills or assigned to high priority units.
The Senate bill contained a provision (sec. 614) that would
extend for 1 year the authority to pay the foregoing bonuses
and special pays and income replacement for reserve members
experiencing extended and frequent mobilizations.
The agreement includes the House provision.
Extension of authorities relating to payment of referral
bonuses (sec. 615)
The House bill contained a provision (sec. 615) that would
extend for 1 year the authority to pay the health professions
referral bonus and the Army referral bonus under sections
1030 and 3252 of title 10, United States Code, respectively.
The Senate bill contained a similar provision (sec. 615).
The agreement includes the House provision.
Increase in maximum bonus and stipend amounts authorized
under nurse officer candidate accession program and
Health Professions Stipend Program (sec. 616)
The House bill contained a provision (sec. 616) that would
increase the bonus that may be paid to nurse officer
candidates under section 2130a of title 10, United States
Code, from $10,000 to $20,000, and the monthly stipend that
may be paid to such candidates from $1,000 to $1,250. The
provision would also increase the maximum initial installment
of the bonus from $5,000 to $10,000.
The Senate bill contained a provision (sec. 553) that would
equate the authority for the stipend paid to baccalaureate
students in nursing or other health professions under the
Health Professions Stipend Program for health care
professionals in reserve components with the amount of the
stipend paid to participants in the Armed Forces Health
Professions Scholarship Program under section 2121(d) of
title 10, United States Code.
The agreement includes the House provision with an
amendment that includes the provisions of section 553 of the
Senate bill, and equates the maximum monthly stipend that may
be paid to nurse officer candidates to the stipend paid under
section 2121(d) of title 10, United States Code.
Maximum length of nuclear officer incentive pay agreements
for service (sec. 617)
The House bill contained a provision (sec. 617) that would
amend section 312 of title 37, United States Code, to require
only that a qualifying agreement to remain on active duty be
for a period of not less than 3 years with the objective of
providing more flexibility in administering the nuclear
officer continuation pay.
The Senate bill contained a similar provision (sec. 618).

[[Page H8939]]

The agreement includes the House provision.
Technical changes regarding consolidation of special pay,
incentive pay, and bonus authorities of the uniformed
services (sec. 618)
The House bill contained a provision (sec. 618) that would
make technical changes to facilitate the utility of
provisions included in the initiative to reform special and
incentive pays adopted in the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181).
The Senate bill contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Use of new skill incentive pay and proficiency bonus
authorities to encourage training in critical foreign
languages and foreign cultural studies and authorization
of incentive pay for members of precommissioning programs
pursuing foreign language proficiency (sec. 619)
The House bill contained a provision (sec. 619) that would
amend section 353 of title 37, United States Code, to
authorize a skill proficiency bonus of up to $12,000 annually
to a member enrolled in an officer training program and
certain Senior Reserve Officers' Training Corps program
participants who agree to participate in educational programs
aimed at acquiring proficiency in critical foreign languages
or expertise in critical foreign cultural studies. The
provision would also require the Secretary of Defense to
conduct a pilot program through December 31, 2013, that would
pay a skill proficiency bonus to members of reserve
components who similarly participate in designated foreign
language or cultural studies programs.
The Senate bill contained a similar provision (sec. 619)
that would create a new section 316a of title 37, United
States Code, to authorize the Secretary of Defense to pay
incentive pay of up to $3,000 per year to an individual
pursuing foreign language proficiency while enrolled in the
Senior Reserve Officers' Training Corps or the Marine Corps
Platoon Leaders Class.
The agreement includes the House provision with an
amendment that would authorize the Secretary of Defense to
pay incentive pay to an individual pursuing foreign language
proficiency in a critical foreign language while enrolled in
the Senior Reserve Officers' Training Corps or the Marine
Corps Platoon Leaders Class.
Accession and retention bonuses for the recruitment and
retention of officers in certain health professions (sec.
620)
The House bill contained a provision (sec. 620) that would
designate qualified psychologists, registered nurses, and
other mental health professionals as determined by the
service secretaries, as critically short wartime specialties.
The Senate bill contained a provision (sec. 617) that would
add a new section 301f to title 37, United States Code, to
authorize a multiyear retention bonus for uniformed
psychologists in the maximum amount of $25,000 per year for
up to 4 years. The provision would also add a new section
302m to title 37, United States Code, to authorize an
accession bonus for uniformed psychologists of up to $400,000
for an active-duty commitment of at least 4 years.
The agreement includes the House provision with an
amendment that would add the multiyear retention bonus and
accession bonus for uniformed psychologists.

Subtitle C--Travel and Transportation Allowances

Special weight allowance for transportation of professional
books and equipment for spouses (sec. 621)
The House bill contained a provision (sec. 632) that would
authorize an additional weight allowance of 200 pounds for
shipping materials associated with the employment or
community support activities of the service member's spouse.
The Senate bill contained a provision (sec. 632) that would
authorize the service secretaries to permit an additional
weight allowance of up to 500 pounds for professional books
and equipment belonging to spouses of service members
changing their permanent duty station. The provision would
take effect October 1, 2009.
The agreement includes the Senate provision with an
amendment that would make the provision effective upon date
of enactment of the Act.
Shipment of family pets during evacuation of personnel (sec.
622)
The House bill contained a provision (sec. 633) that would
authorize transportation, including payment of shipping and
quarantine costs, of two household pets in cases of
evacuation from a permanent station located in a foreign
area.
The Senate bill contained a similar provision (sec. 631).
The agreement includes the Senate provision with an
amendment that would subject the allowances for
transportation of family pets to regulations prescribed by
the Secretary of Defense that 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

Extension to survivors of certain members who die on active
duty of special survivor indemnity allowance for persons
affected by required Survivor Benefit Plan annuity offset
for Dependency and Indemnity Compensation (sec. 631)
The House bill contained a provision (sec. 643) that would
extend the special survivor indemnity allowance enacted in
section 644 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) to survivors of certain
service members who die on active duty.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Correction of unintended reduction in Survivor Benefit Plan
annuities due to phased elimination of two-tier annuity
computation and supplemental annuity (sec. 632)
The House bill contained a provision (sec. 646) that would
require the Secretary of Defense to determine if the phased
elimination of the two-tier annuity computation system,
formerly a part of the Survivor Benefit Plan, and related
supplemental survivor annuities, resulted in some Survivor
Benefit Plan annuitants receiving a smaller annuity than they
would have received if the two-tier computation system had
not been eliminated, and to take such actions as necessary to
adjust the annuity amounts to eliminate the reduction.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits and Operations

Use of commissary stores surcharges derived from temporary
commissary initiatives for reserve components and retired
members (sec. 641)
The House bill contained a provision (sec. 651) that would
authorize the Secretary of Defense to use the proceeds
derived from surcharges imposed in connection with sales of
commissary merchandise to members of reserve components,
retired members, and others eligible for commissary benefits
through use of temporary and mobile equipment to offset the
cost of such initiatives.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Enhanced enforcement of prohibition on sale or rental of
sexually explicit material on military installations
(sec. 642)
The House bill contained a provision (sec. 654) that would
require the Secretary of Defense to establish a Resale
Activities Review Board to make recommendations to the
Secretary regarding whether material sold or rented, or
proposed for sale or rental, on military installations is
barred from sale or rental due to its sexually explicit
nature.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle F--Other Matters

Continuation of entitlement to bonuses and similar benefits
for members of the uniformed services who die, are
separated or retired for disability, or meet other
criteria (sec. 651)
The House bill contained a provision (sec. 662) that would
require the service secretaries to pay the unpaid portions of
bonuses to, and prohibit the service secretaries from
recouping unearned portions of paid bonuses from, service
members or their estates in the case of members who die,
other than as a result of their own misconduct, or who are
retired or separated under chapter 61 of title 10, United
States Code. The provision would also authorize the service
secretaries to waive recoupment of unearned bonuses and to
pay the unpaid amounts of contracted bonuses in any
circumstance where failing to do so would be against
equity and good conscience or contrary to the best
interests of the United States.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would clarify that the prohibition against
requiring repayment of the unearned portion of any bonus, and
the requirement to pay out the remainder of any bonus not yet
paid, applies to service members who die while on active
duty, or service members who retire or separate due to a
disability that is determined to be combat-related as defined
in section 1413a(e) of title 10, United States Code.

Legislative Provisions Not Adopted

Equitable treatment of senior enlisted members in computation
of basic allowance for housing
The House bill contained a provision (sec. 603) that would
amend section 403 of title 37, United States Code, to provide
that the determination of what constitutes adequate housing
for members in the pay grade of E-8 with dependents shall be
equivalent to the standard in effect for members in the pay
grade of E-9 with dependents.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Stabilization of pay and allowances for senior enlisted
members and warrant officers appointed as officers and
officers reappointed in a lower grade
The House bill contained a provision (sec. 606) that would
authorize a member of the armed forces who accepts an
appointment or reappointment as an officer, without a break
in service, to retain the pay and allowances to which the
member was entitled in the previous grade if it is more than
the pay and allowances to which the member is entitled in

[[Page H8940]]

the grade to which he is appointed or reappointed.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Guaranteed pay increase for members of the armed forces of
one-half of one percentage point higher than employment
cost index
The House bill contained a provision (sec. 608) that would
mandate that pay raises for all service members during fiscal
years 2010 through 2013 be one-half of 1 percent higher than
the annual rise in the Employment Cost Index.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Increased weight allowance for transportation of baggage and
household effects for certain enlisted members
The House bill contained a provision (sec. 631) that would
authorize an additional weight allowance for noncommissioned
officers in the grades E-5 through E-9 for shipping household
goods during permanent changes in station.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Travel and transportation allowances for members of the
reserve components of the armed forces on leave for
suspension of training
The Senate bill contained a provision (sec. 633) that would
add a new section 411k to title 37, United States Code, to
authorize travel and transportation allowances for service
members on active duty for more than 30 days to travel from a
temporary duty station to their permanent duty station and
back again during times when training is suspended at the
temporary duty station for a period of 5 days or more.
The House bill contained no similar provision.
The agreement does not include the provision.
We urge the services to be mindful of training suspensions
and minimal staffing periods when devising training schedules
for the reserve components. Suspension of training activities
for mobilized Reserve and National Guard units must be
carefully managed to avoid wasted time and unnecessary
absence from home duty stations, particularly during the
holiday season.
Equity in computation of disability retired pay for reserve
component members wounded in action
The House bill contained a provision (sec. 641) that would
change the method of calculating retired pay for reserve
component members who have been awarded the Purple Heart by
crediting the members with a year of active-duty service for
each year the members received at least 50 reserve retirement
points.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Effect of termination of subsequent marriage on payment of
Survivor Benefit Plan annuity to surviving spouse or
former spouse who previously transferred annuity to
dependent children
The House bill contained a provision (sec. 642) that would
authorize surviving spouses or former spouses, who had
previously transferred their Survivor Benefit Plan annuity to
a child or children, to reclaim their eligibility for the
annuity after the termination of a subsequent marriage if the
child or children were no longer eligible for the annuity.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Repeal of requirement of reduction of SBP survivor annuities
by Dependency and Indemnity Compensation
The Senate bill contained a provision (sec. 642) that would
eliminate the offset of Survivor Benefit Plan annuities by
the amount of Dependency and Indemnity Compensation received
from the Department of Veterans Affairs.
House bill contained no similar provision.
The agreement does not include the provision.
Election to receive retired pay for non-regular service upon
retirement for service in an active reserve status
performed after attaining eligibility for regular
retirement
The House bill contained a provision (sec. 644) that would
allow officers with at least 20 years of active-duty service
to retire and join the Selected Reserve and, after serving at
least 2 years in the Selected Reserve, to receive retired pay
in a higher grade if they are promoted after their active-
duty retirement.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Recomputation of retired pay and adjustment of retired grade
of Reserve retirees to reflect service after retirement
The House bill contained a provision (sec. 645) that would
amend section 10145 of title 10, United States Code, to
require recomputation of retired pay and adjustment of
retired grade of non-regular retirees recalled to an active
status in the Selected Reserve who complete not less than 2
years of service in that status.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Presumption of death for participants in Survivor Benefit
Plan in missing status
The House bill contained a provision (sec. 647) that would
prohibit a determination of presumed death by the Secretary
of State for retired service members who are Survivor Benefit
Plan annuitants, and who have been kidnapped in Iraq or
Afghanistan.
The Senate bill contained no similar provision.
The agreement does not include the provision.
While current law explicitly entitles an active-duty
service member to continued pay and allowances upon a
determination that the member is missing, retired pay is
stopped when a retired service member is determined to be
missing, regardless of whether the member is still in a
direct employment relationship with the Federal Government.
Under the Survivor Benefit Plan, commencement of payment of
the survivor benefit annuity may begin upon such a
determination. We are sensitive to the fact that the annuity
is typically but a portion of full retired pay. The
Department of Defense must balance the need to avoid
erroneous payments to survivors with the need to protect the
interests of survivors in situations where death cannot or
should not be presumed. We urge the Department to study
whether retired pay should be stopped in the case of retired
service members who are still in a direct employment
relationship with the Federal Government, and to recommend
statutory changes to the Congress, as necessary.
Eligibility for disability retired pay and separation pay of
certain former cadets and midshipmen with prior enlisted
service
The House bill contained a provision (sec. 648) that would
extend retroactively the eligibility for disability retired
pay and separation pay to cadets and midshipmen with prior
enlisted service whose physical disabilities were incurred
after January 1, 2000.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Separation pay, transitional health care, and transitional
commissary and exchange benefits for members of the armed
forces separated under surviving son or daughter policy
The Senate bill contained a provision (sec. 651) that would
entitle service members who are separated under the
Department of Defense surviving son or daughter policy to
separation pay, transitional health care, and transitional
commissary and exchange benefits.
The House bill contained no similar provision.
The agreement does not include the provision. The benefits
of this section were included in the Hubbard Act (Public Law
110-317) enacted August 29, 2008.
Requirements for private operation of commissary store
functions
The House bill contained a provision (sec. 652) that would
amend section 2485(a)(2) of title 10, United States Code, to
extend the moratorium on studies to compare the cost
effectiveness of commissary operations employing federal
civilian employees and private sector employees from December
31, 2008, to December 31, 2013.
The Senate amendment contained no similar provision.
The agreement does not include the House provision.
Before initiating a cost comparison study of a commissary
store under Office of Management and Budget Circular A-76, we
recommend that the Secretary of Defense confirm that the
government workforce in question has transitioned to the
Defense Commissary Agency's Workforce of the Future and
ensure that the private sector competitor has demonstrated
experience in grocery store operations.
Additional exception to limitation on use of appropriated
funds for Department of Defense golf courses
The House bill contained a provision (sec. 653) that would
amend section 2491a of title 10, United States Code, to
authorize the use of appropriated funds to purchase and
maintain golf carts designed to accommodate persons with
disabilities and the use of such golf carts on military golf
courses.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Use of appropriated funds to pay post allowance or overseas
cost of living allowances to nonappropriated fund
instrumentality employees serving overseas
The House bill contained a provision (sec. 656) that would
authorize the Secretary of Defense to pay post or cost of
living allowances to nonappropriated fund instrumentality
employees who are United States citizens and employed full-
time at an overseas location utilizing appropriated funds.
Appropriated funds may be used to pay such allowances only if
they were due to a nonappropriated fund instrumentality
employee or former employee since December 1, 2001, but have
not been previously paid.
The Senate bill contained no similar provision.
The agreement does not include the provision.

[[Page H8941]]

We are aware that there has been some confusion about the
requirement for nonappropriated fund entities to pay post
allowances at overseas locations when the employee is hired
locally. We are also aware that the Department of Defense is
reconsidering the current policy that requires post
allowances to be paid to nonappropriated fund employees who
are locally hired. Given the confusion over the specifics of
the policy, we believe that nonappropriated fund entities
should be protected from the burden of making additional
unexpected retroactive and current payments until the
Department's reassessment of the policy is completed. We
strongly urge the Secretary of Defense to identify and
allocate appropriated funding to pay post allowances to
locally hired nonappropriated fund employees at overseas
locations and ensure that no nonappropriated fund entity
incurs additional cost resulting from confusion over the
Department's policy on these matters.
Study regarding sale of alcoholic wine and beer in commissary
stores in addition to exchange stores
The House bill contained a provision (sec. 657) that would
require the Secretary of Defense to conduct a study to
evaluate the propriety, patron convenience, and financial
utility of including alcoholic wine and beer for sale in, at,
or by commissary stores, and to report the findings of this
study to Congress. This provision would also authorize the
Secretary to conduct a pilot program involving the sale of
alcoholic wine and beer in commissary stores.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Bonus to encourage Army personnel and other persons to refer
persons for enlistment in the Army
The House bill contained a provision (sec. 661) that would
authorize the Secretary of the Army to train, directly or
through a contractor, members of the general public to refer
recruit candidates for enlistment. The provision would also
provide the Secretary greater flexibility on the timing of
referral bonus payments and the use of a contractor to manage
the payment of such bonuses.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Providing injured members of the armed forces information
concerning benefits
The House bill contained a provision (sec. 663) that would
amend section 1651 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181) to add additional
requirements to the handbook required by that section.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Postal benefits program for members of the armed forces
serving in Iraq or Afghanistan
The House bill contained a provision (sec. 664) that would
require the Secretary of Defense, in consultation with the
United States Postal Service, to provide a postal benefits
program to service members serving in Iraq or Afghanistan, or
who are hospitalized in a Department of Defense facility as a
result of service in Iraq or Afghanistan.
The Senate bill contained no similar provision.
The agreement does not include this provision.

TITLE VII--HEALTH CARE AND WOUNDED WARRIOR PROVISIONS

Subtitle A--Improvements to Health Benefits

One-year extension of prohibition on increases in certain
health care costs for members of the uniformed services
(sec. 701)
The House bill contained a provision (sec. 701) that would
extend until September 30, 2009, the statutory prohibition on
increases in any premium, deductible, and copayment under
TRICARE; the maximum charge for inpatient care under TRICARE
Standard; and the enrollment fee for TRICARE Prime.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Temporary prohibition on increase in copayments under retail
pharmacy system of pharmacy benefits program (sec. 702)
The House bill contained a provision (sec. 702) that would
limit the cost sharing requirements for drugs provided
through the TRICARE retail pharmacy program to amounts not
more than $3 for generic drugs, $9 for formulary drugs, and
$22 for non-formulary drugs during fiscal year 2009.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Chiropractic health care for members on active duty (sec.
703)
The House bill contained a provision (sec. 704) that would
require the Secretary of Defense to provide chiropractic
services for members of the uniformed services who are
entitled to care under section 1074(a) of title 10, United
States Code. The provision would also authorize the Secretary
to conduct demonstration projects to provide chiropractic
services to deployed members of the uniformed services.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense, not
later than September 30, 2009, to provide chiropractic
services to active duty service members at 11 additional
Military Treatment Facilities that do not currently provide
chiropractic services, the selection of which would be
decided by the Department of Defense.
Calculation of monthly premiums for coverage under TRICARE
Reserve Select after 2008 (sec. 704)
The House bill contained a provision (sec. 705) that would
require the Secretary of Defense to recalculate the monthly
premium for TRICARE Standard coverage. The premium could not
cost more than 28 percent of the total average monthly amount
for coverage based on actual cost data for the preceding
fiscal year. If the amount calculated based on actual cost
data is more than the amount in effect for the month of March
2006, then the Secretary would be required to offer coverage
at the March 2006 rate.
The Senate bill contained a provision (sec. 701) that would
require the Secretary of Defense to calculate calendar year
2009 monthly premiums for TRICARE Standard coverage based on
the actual cost of coverage during calendar years 2006 and
2007. The provision would require the premiums for subsequent
years to be calculated using the actual cost of providing
benefits during the preceding calendar years.
The agreement includes the Senate provision with an
amendment that would stipulate that calendar year 2009
monthly premium calculations must be limited to no more than
28 percent of the total average monthly amount for that
coverage, as determined by the cost of providing benefits
during calendar years 2006 and 2007, but may not exceed the
amount in effect for the month of March 2007. For subsequent
years, the premium calculation must be based on the actual
cost of providing benefits during the preceding calendar
years.
Program for health care delivery at military installations
projected to grow (sec. 705)
The House bill contained a provision (sec. 706) that would
require the Secretary of Defense 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 civilian health care
systems. The provision would also require the Secretary to
implement such a program at each installation participating
in the pilot program conducted pursuant to section 721 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375). The Secretary would be
required to submit an annual report to the Committees on
Armed Services of the Senate and House of Representatives
describing the results of the program.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would authorize the Secretary to develop a
plan, and that would delete the requirement that the program
be implemented at each installation participating in the
pilot program under section 721 of Public Law 108-375.
We are encouraged by the Department of Defense's assessment
of the pilot programs for health care delivery established by
Public Law 108-375 in its July 2007 interim report on the
status of these programs. At the two sites selected to test
the program, Fort Drum, New York, and Yuma, Arizona, the
Department found that ``substantive partnerships, significant
cooperative health care arrangements, and agreements'' have
been established between each installation and its local
civilian medical community. We urge the Department of Defense
to take the best practices learned from these respective
programs and use them as a model for future initiatives
established under this section.
Guidelines for combined medical facilities of the Department
of Defense and the Department of Veterans Affairs (sec.
706)
The House bill contained a provision (sec. 707) that would
require the Secretaries of Defense and Veterans Affairs to
complete a written agreement including, at a minimum, plans
for patient priority categories, budgeting, staffing,
construction, and physical plant management before a facility
could be designated a combined federal medical facility of
the Department of Defense and the Department of Veterans
Affairs.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would add governance, training, contingency
planning, quality assurance, and information technology to
the list of minimum requirements for the written agreement.

Subtitle B--Preventive Care

Waiver of copayments for preventive services for certain
TRICARE beneficiaries (sec. 711)
The House bill contained a provision (sec. 711) that would
require the Secretary of Defense to waive all TRICARE
copayments for preventive services for all beneficiaries who
would otherwise pay copayments, and to ensure that a
beneficiary pays nothing for preventive services during a
year even if the beneficiary has not paid the amount
necessary to cover their annual deductible. The

[[Page H8942]]

provision would also authorize the Secretary to refund the
copayment amounts paid by certain Medicare-eligible
beneficiaries for preventive services obtained during fiscal
year 2009. Covered preventive services would include
colorectal screening, breast screening, cervical screening,
prostate screening, annual physical exams, and vaccinations.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would expand the list of covered preventive
services to include any other services as determined by the
Secretary of Defense.
We believe that the Department of Defense should also
consult with and consider the recommendations of the U.S.
Preventive Services Task Force, as well as consider including
screenings for other preventable health care conditions such
as osteoporosis.
Military health risk management demonstration project (sec.
712)
The House bill contained a provision (sec. 712) that would
require the Secretary of Defense to conduct a demonstration
project evaluating the efficacy of providing monetary and
non-monetary incentives to assist enrolled beneficiaries to
improve and encourage healthy behaviors. The demonstration
project must include a wellness assessment with physiological
and biometric measures such as blood pressure, glucose level,
lipids, and nicotine use. Non-Medicare eligible retired
TRICARE Prime beneficiaries and their dependents who reside
in the demonstration project service area would be enrolled
in the demonstration project.
The Senate bill contained no similar provision.
The agreement includes the House provision with
an amendment that would offer, rather than require,
eligible beneficiaries to enroll in the demonstration
project, and would add weight to the list of measures to
be included in the wellness assessment.
Smoking cessation program under TRICARE (sec. 713)
The House bill contained a provision (sec. 713) that would
require the Secretary of Defense to establish a smoking
cessation program under TRICARE. The program would be made
available to all non-Medicare eligible beneficiaries covered
under TRICARE. The program would include, at a minimum:
pharmaceuticals used for smoking cessation through the mail-
order pharmacy program at no cost to the beneficiary if
appropriate; access to a 24 hour, 7 days a week toll-free
quit line; and access to tobacco cessation materials.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would add counseling as a required program
element, and provide for involvement of the military chain of
command.
We urge the Department of Defense to look at the work of
other nationally recognized programs and consider
implementing any appropriate best practices into its program.
Preventive health allowance (sec. 714)
The House bill contained a provision (sec. 714) that would
require the Secretary of Defense to conduct a demonstration
project to evaluate the efficacy of providing an annual
preventive health services allowance to eligible service
members, in order to increase the use of preventive health
services by those service members and their dependents.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would add to the list of preventive health
services weight and body mass screening.
Additional authority for studies and demonstration projects
relating to delivery of health and medical care (sec.
715)
The Senate bill contained a provision (sec. 712) that would
authorize the Secretary of Defense to conduct additional
studies and demonstrations relating to the delivery of health
and medical care, which may include:
(1) projects to provide awards and incentives to TRICARE
covered service members and beneficiaries who obtain certain
health promotion and disease prevention health care services;
(2) projects to provide awards and incentives to individual
health care professionals to encourage improved quality and
effectiveness of health care services;
(3) projects to improve the medical and dental readiness of
the reserve components; and
(4) projects to improve the continuity of health care
services for family members of mobilized members of the
reserve components, including payment of a stipend for
continuation of employer-provided health coverage.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would clarify that health promotion and
disease prevention health care services received by members
and covered beneficiaries are required to be obtained under
the TRICARE program. The amendment would also clarify that
personnel incentives available to individual health care
professionals should be made available to civilian personnel
as well as members of the armed forces.

Subtitle C--Wounded Warrior Matters

Center of excellence in prevention, diagnosis, mitigation,
treatment, and rehabilitation of hearing loss and
auditory system injuries (sec. 721)
The House bill contained a provision (sec. 721) that would
require the Secretary of Defense to 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.
The Secretary would be required to collaborate with the
Secretary of Veterans Affairs, institutions of higher
education, and other appropriate public and private entities
to carry out the work of the center.
The Senate bill contained no similar provision.
The agreement includes the House provision.
We note that tinnitus, characterized by ringing in the
ears, can be a severely disabling condition that impacts
military personnel, particularly those exposed to blasts. The
genesis and nature of this condition requires further study,
including whether it disproportionately affects military
personnel, and its correlation to other combat related
neurological conditions.
Clarification to center of excellence relating to military
eye injuries (sec. 722)
The House bill contained a provision (sec. 722) that would
remove the phrase ``in combat'' from section 1623(d) of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) to match sections 1621 and 1623 of the
same Act.
The Senate bill contained no similar provision.
The agreement includes the House provision.
We direct that not later than 30 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 status of
implementation of the Vision Center of Excellence. The report
shall include, at a minimum, a description of the mission of
the center, the resources and funds available for the center
in fiscal years 2009 through 2013, and the planned programs
and priorities of the center.
Center of excellence in the mitigation, treatment, and
rehabilitation of traumatic extremity injuries and
amputations (sec. 723)
The House bill contained a provision (sec. 724) that would
require the Secretary of Defense and the Secretary of
Veterans Affairs to establish a competitive, peer-reviewed
research program to conduct peer-reviewed medical research
designed to develop scientific information aimed at saving
injured extremities, avoiding amputations, and preserving and
restoring the function of injured extremities. The Secretary
would also be required to submit a report on the plans for
establishment, management, and operation of this research
program.
The Senate bill contained a similar provision (sec. 1066).
The agreement includes the Senate provision with an
amendment that would add conducting research on saving
injured extremities, avoiding amputations, and preserving and
restoring the function of injured extremities to the
responsibilities of the center.
Additional responsibilities for the Wounded Warrior Resource
Center (sec. 724)
The Senate bill contained a provision (sec. 1064) that
would amend section 1616(a) of the Wounded Warrior Act (title
XVI of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181)) to require the Secretary of
Defense to provide referrals for legal assistance where
appropriate to wounded warriors, their families, and primary
caregivers.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We note that the intent of this provision is not to create
a new entitlement for legal assistance, but to provide a
referral service to connect wounded service members and their
families with their local judge advocate office or other
appropriate entity.
Sense of Congress on research on traumatic brain injury (sec.
725)
The Senate bill contained a provision (sec. 1065) that
would amend section 1621(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181)
to authorize the Secretary of Defense to conduct pilot
programs to promote or assess the efficacy of treatment
approaches for all forms of traumatic brain injury, to
include mild traumatic brain injury.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment to express the sense of Congress that the
requirement under section 1621(c)(7) to conduct basic science
and translational research on traumatic brain injury includes
pilot programs designed to test the efficacy of clinical
approaches, including the use of pharmacological agents. The
amendment would express support for continued joint research
with the National Institutes of Health in this area.
Extension of Senior Oversight Committee with respect to
wounded warrior matters (sec. 726)
The Senate bill contained a provision (sec. 1067) that
would require the Secretary of Defense and the Secretary of
Veterans Affairs to jointly take actions to continue the
operations of the Senior Oversight Committee established to
address concerns related to the treatment of wounded, ill,
and injured members of the armed forces and veterans until
September 30, 2011.

[[Page H8943]]

The House bill contained no similar provision.
The agreement contains the Senate provision with an
amendment to require the Secretary of Defense and the
Secretary of Veterans Affairs to continue the operations of
the Senior Oversight Committee until December 31, 2009, and
to report by August 31, 2009, on the future operations of the
Senior Oversight Committee.
Modification of utilization of veterans' presumption of sound
condition in establishing eligibility of members of the
armed forces for retirement for disability (sec. 727)
The Senate bill contained a provision (sec. 1061) that
would amend sections 1201 and 1203 of title 10, United States
Code, to adopt the same presumption of sound condition used
by the Department of Veterans Affairs in accordance with
section 1111 of title 38, United States Code, that a
disability is incurred while on active duty if the disability
was not noted at the time of a member's entrance on active
duty unless clear and unmistakable evidence demonstrates that
the disability existed before the member's entrance on active
duty and was not aggravated by active military service.
The House bill contained no similar provision.
The agreement includes this provision.
We believe that the Department of Defense and the
Department of Veterans Affairs must make consistent
determinations as to whether a disability existed before the
member's entrance or was aggravated by active military
service.

Subtitle D--Other Matters

Report on providing the Extended Care Health Option program
to dependents of military retirees (sec. 731)
The House bill contained a provision (sec. 732) that would
require the Secretary of Defense to submit a report on
including autistic dependents of military retirees in the
Extended Care Health Option (ECHO) program.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would expand the scope of the report to cover
all dependents of retirees who participate in the ECHO
program, and clarify that the report should discuss including
such dependents for a limited transitional period following
retirement.
Increase in cap on extended benefits under Extended Health
Care Option (ECHO) (sec. 732)
The House bill contained a provision (sec. 733) that would
ensure that autistic children of members of the armed forces
enrolled in the Extended Health Care Option (ECHO) program
would be eligible for a minimum of $5,000 per month of
autistic therapy services.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would replace the monthly cap on services
under the ECHO program with an annual cap of $36,000.
We are concerned that the needs of military dependent
children with autism are not being fully met due to the lack
of availability of providers nationwide to provide
therapeutic and other support services to children with
autism. We expect the demonstration project initiated under
TRICARE to go forward, incorporating to the maximum extent
practicable, improvements identified by military family
members. The demonstration project must complement other
essential services to military dependent children with
autism, including those authorized in section 587 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181). Those services include assignment of
case managers, development of individualized services plans,
and establishment of autism support centers.
We direct the Secretary of Defense to report not later than
90 days after the enactment of this Act, and semi-annually
thereafter, on the status of implementation of the TRICARE
demonstration project, including the numbers of autistic
children served, the type and frequency of services provided,
the number of available providers by region, and whether
reimbursement levels are sufficient to retain qualified
providers in the TRICARE networks.
Not later than February 1, 2009, the Secretary shall report
to the congressional defense committees on the feasibility of
establishing one or more autism support centers, as
authorized by Public Law 110-181. The report shall describe
the capabilities of such centers to serve military dependent
children with autism of all services, the potential efficacy
of such centers to meet the needs of military families with
children with a diagnosis of autism, as well as the potential
for training additional qualified providers of services to
children with autism. We believe that each center should
utilize medical, educational, and developmental therapies
that have been successfully used to treat children with
autism.
Department of Defense task force on the prevention of
suicides by members of the armed forces (sec. 733)
The House bill contained a provision (sec. 735) that would
require the Secretary of Defense to conduct a study to
identify the mental health risks associated with the
performance of military duties.
The Senate bill contained a provision (sec. 581) that would
require the Secretary of Defense to develop a comprehensive
policy designed to prevent suicide by members of the armed
forces.
The agreement includes the Senate provision with
an amendment that would require the Secretary of Defense
to establish a task force to examine matters relating to
prevention of suicide by members of the armed forces.
Transitional health care for certain members of the armed
forces who agree to serve in the Selected Reserve of the
Ready Reserve (sec. 734)
The House bill contained a provision (sec. 737) that would
provide transitional health care benefits to members who
separate from active duty and who agree to become a member of
the Selected Reserve.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would delete the language related to funding,
which is reflected in the tables.
Enhancement of medical and dental readiness of members of the
armed forces (sec. 735)
The House bill contained a provision (sec. 362) that would
authorize $22.3 million to be appropriated for first term
dental readiness, and $8.5 million to be appropriated for
demobilization dental treatment.
The Senate bill contained a provision (sec. 711) that would
require the secretary of each military department to provide
to members of the Selected Reserve who are assigned to units
scheduled for deployment within 75 days after mobilization
annual medical screenings, a full physical examination for
members who are over the age of 40 every 2 years, and annual
dental screenings and dental care required to ensure that a
member meets the dental standards required for deployment,
all at no cost to the member. The provision would also
authorize the secretaries concerned to provide the same
services to other members of the Selected Reserve and to a
member of the Individual Ready Reserve with a deployment
responsibility, if those services are necessary to ensure
medical and dental readiness. In addition, the provision
would clarify that reserve components may use available
operation and maintenance funds to achieve these goals.
The Senate provision would also authorize the Secretary of
Defense to waive, in whole or in part, during a time of
national emergency, the requirement for members of the
Selected Reserve enrolled in the TRICARE dental insurance
program to pay copayments for restorative care necessary to
meet dental readiness standards, in order to facilitate
readiness of a unit or individual scheduled for deployment.
Finally, the provision would require the Secretary of Defense
to submit a report on the policies and procedures to ensure
medical and dental readiness of service members.
The agreement includes the Senate provision with an
amendment that would clarify that waivers of charges
determined necessary by the Secretary to ensure the readiness
of a unit or individual for deployment should be subject to
regulation and limited to dental services required for
readiness.
We remind the Department of Defense that readiness includes
not only pre-deployment medical and dental work necessary to
make the member deployable, but also post-deployment medical
and dental care to bring the member back up to readiness
standards after they return from a long absence, where such
medical and dental care may not have been available.

Legislative Provisions Not Adopted

Prohibition on conversion of military medical and dental
positions to civilian medical and dental positions
The House bill contained a provision (sec. 703) that would
prohibit the military departments from converting any
military medical or dental position to a civilian medical or
dental position on or after October 1, 2008. This provision
would also require that any military medical or dental
position that has been converted to a civilian medical or
dental position from October 1, 2004, through September 30,
2008, be restored to a military medical or dental position if
the position is not filled by a civilian by September 30,
2008.
The Senate bill contained a provision (sec. 721) that would
repeal subsection (a) of section 721 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181),
which prohibits the military departments from converting any
military medical or dental position through September 30,
2012. The provision would also restore subsections (a) and
(b) of section 742 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
which requires certification by the secretary of a military
department that any planned conversion will not increase the
cost or decrease the quality of care or access to military
health care, and requires a review by the Comptroller General
of these certifications. The provision would keep the
requirement set forth in subsection (b) of section 721 of
Public Law 110-181 requiring the military departments to
restore any positions converted between October 1, 2004, and
September 30, 2008, that have not yet been filled by a
civilian back to military positions.
The agreement does not include these provisions.
Reserve component behavioral health care provider locator and
appointment assistance demonstration project
The House bill contained a provision (sec. 708) that would
require the Secretary of Defense to conduct a demonstration
project to

[[Page H8944]]

assess the feasibility and efficacy of providing a behavioral
health care provider locator and appointment assistance
service to members of the reserve components, and to submit
reports on this demonstration project.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Travel for anesthesia services for childbirth for dependents
of members assigned to very remote locations outside the
continental United States
The Senate bill contained a provision (sec. 713) that would
authorize the Secretary of Defense to pay travel expenses for
a dependent of a service member assigned to a very remote
location outside the continental United States who requires
or elects anesthesia services for childbirth to a location in
the United States.
The House bill contained no similar provision.
The agreement did not include the Senate provision.
National Casualty Care Research Center
The House bill contained a provision (sec. 723) that would
require the Secretary of Defense to designate a National
Casualty Care Research Center at the Army Medical Research
and Materiel Command, for the purpose of establishing
additional linkages between military and civilian casualty
research.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Review of policies and processes related to the delivery of
mail to wounded members of the armed forces
The House bill contained a provision (sec. 725) that would
require the Secretary of Defense to review the policies and
processes related to the delivery of letters, packages,
messages, and other communications that are intended as
measures of support and are addressed generally to wounded
and injured members of the armed forces in military medical
treatment facilities and other locations where members of the
armed forces are treated and rehabilitated.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Post-deployment mental health screening demonstration project
The House bill contained a provision (sec. 726) that would
require the Secretary of Defense to conduct a demonstration
project to assess the feasibility and efficacy of providing a
face to face post-deployment mental health screening between
a service member and a mental health provider.
The Senate bill contained no similar provision.
The agreement does not include this provision.
Report on stipend for members of reserve components for
health care for certain dependents
The House bill contained a provision (sec. 731) that would
require the Secretary of Defense to submit a report on the
extent to which the Secretary has exercised the authority
provided in section 704 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181).
The Senate bill contained no similar provision.
The agreement does not include this provision.
Report on implementation of recommendations contained in
report on health effects of exposure to depleted uranium
The House bill contained a provision (sec. 734) that would
direct the Secretary of Defense to submit a report to
Congress describing the measures underway to implement the
report required by section 716 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364).
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Implementation of recommendations of Department of Defense
Mental Health Task Force
The House bill contained a provision (sec. 736) that would
require the Comptroller General of the United States to
conduct a review of the implementation by the Department of
Defense of the recommendations made by the Department of
Defense Task Force on Mental Health.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Inclusion of service members in inpatient status in wounded
warrior policies and protections
The Senate bill contained a provision (sec. 1062) that
would amend section 1602(7) of the Wounded Warrior Act (title
XVI of the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181)) to include inpatient service
members in the definition of a ``recovering service member''
for purposes of policies and protections for wounded
warriors.
The House bill contained no similar provision.
The agreement does not include this provision.
Clarification of certain information sharing between the
Department of Defense and Department of Veterans Affairs
for wounded warrior purposes
The Senate bill contained a provision (sec. 1063) that
would amend section 1614(b)(11) of the Wounded Warrior Act
(title XVI of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181)) to require the
Secretary of Defense and the Secretary of Veterans Affairs to
implement a process for transferring medical records of a
recovering service member from the Department of Defense to
the Department of Veterans Affairs when the transfer is
authorized by regulations implementing the Health Insurance
Portability and Accountability Act of 1996.
The House bill contained no similar provision.
The agreement does not include the provision.

TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS

Subtitle A--Acquisition Policy and Management

Assessment of urgent operational needs fulfillment (sec. 801)
The House bill contained a provision (sec. 802) that would
require the Secretary of Defense to commission an independent
study and report on the effectiveness of the processes used
by the Department of Defense to identify, prioritize, and
meet urgent operational needs.
The Senate bill contained a provision (sec. 813) that would
require the expedited review and validation of urgent
operational needs documents.
The agreement includes the House provision with an
amendment that would require the independent study and report
to make specific recommendations as to how to ensure the
expedited review and validation of urgent operational needs
documents.
Implementation of statutory requirements regarding the
national technology and industrial base (sec. 802)
The House bill contained a provision (sec. 805) that would
authorize the Secretary of Defense to provide for the
application of a domestic industrial base evaluation factor
during source selection for a major defense acquisition
program.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment requiring the Secretary of Defense to issue
guidance regarding the implementation of certain existing
statutory requirements regarding the national technology and
industrial base. We understand that the Department of Defense
currently meets the requirement of section 2440, United
States Code, by conducting industrial capabilities
assessments.
Commercial software reuse preference (sec. 803)
The House bill contained a provision (sec. 806) that would
require the Secretary of Defense to ensure that contracting
officials reuse commercial computer software, whenever
practicable, instead of developing new software.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment requiring the Secretary to ensure that contracting
officials reuse commercial or off-the-shelf software,
whenever practicable, instead of developing new software.
Internal controls for procurements on behalf of the
Department of Defense by certain non-defense agencies
(sec. 804)
The Senate bill contained a provision (sec. 811) that would
modify requirements adopted in previous years for the
Inspector General of the Department of Defense (DOD) to
conduct joint reviews with the inspectors general of non-
defense agencies to determine whether procurements conducted
by the non-defense agencies on behalf of DOD have been
conducted in compliance with defense procurement
requirements.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment streamlining the provision.

Subtitle B--Provisions Relating to Major Defense Acquisition Programs

Inclusion of major subprograms to major defense acquisition
programs under acquisition reporting requirements (sec.
811)
The Senate bill contained a provision (sec. 801) that would
address the inclusion of certain information on major
subprograms in reports issued in accordance with the
requirements of chapter 144 of title 10, United States Code.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
technical amendment.
Inclusion of certain major information technology investments
in acquisition oversight authorities for major automated
information system programs (sec. 812)
The Senate bill contained a provision (sec. 802) that would
extend reporting requirements for major automated information
system programs to cover certain other major automated
information technology investments.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
Transfer of sections of title 10 relating to milestone A and
milestone B for clarity (sec. 813)
The House bill contained a provision (sec. 843) that would
reverse sections of title 10 relating to milestone A and
milestone B.
The Senate bill contained no similar provision.

[[Page H8945]]

The agreement includes the House provision with an
amendment making technical changes to the requirement for
milestone A certifications.
Configuration Steering Boards for cost control under major
defense acquisition programs (sec. 814)
The House bill contained a provision (sec. 846) that would
require the Secretary of Defense to report to Congress on
certain major defense acquisition programs and to establish
Configuration Steering Boards (CSBs) for such programs.
The Senate bill contained a provision (sec. 803) that would
require the Secretary to establish CSBs for all major defense
acquisition programs.
The agreement includes the Senate provision with an
amendment modifying the membership of CSBs and adding a new
restriction on certain changes to programs receiving
Milestone B approval during fiscal year 2008.
Preservation of tooling for major defense acquisition
programs (sec. 815)
The House bill contained a provision (sec. 803) that would
require the preservation of all unique tooling associated
with the production of hardware for a major defense
acquisition program.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would streamline the requirement and the
waiver authority, to clarify that the Secretary of Defense
may waive the requirement to preserve unique production
tooling, or any category of unique production tooling, if he
determines that such a waiver is in the best interest of the
Department of Defense and so notifies Congress. We note that
the Secretary may delegate this authority, as he may delegate
any authority provided to him by statute.

Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations

Definition of system for defense acquisition challenge
program (sec. 821)
The House bill contained a provision (sec. 812) that would
clarify the meaning of the term ``system'' for the purpose of
the defense acquisition challenge program.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Technical data rights (sec. 822)
The House bill contained a provision (sec. 814) that would
require the Secretary of Defense to issue policy guidance on
technical data rights in non-Federal Acquisition Regulation
agreements.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment providing the Secretary greater flexibility in
the drafting of the new guidance.
Revision to the application of cost accounting standards
(sec. 823)
The House bill contained a provision (sec. 815) that would
make the cost accounting standards apply to certain federal
contracts performed outside the United States.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment requiring the Cost Accounting Standards Board to
study the issue and determine whether the application of the
standards to contracts or subcontracts outside the United
States would benefit the Federal Government.
Modification and extension of pilot program for transition to
follow-on contracts under authority to carry out certain
prototype projects (sec. 824)
The Senate bill contained a provision (sec. 822) that would
extend for 4 years the authority for the Secretary of Defense
to carry out a pilot program under section 847 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136), and modify such authority.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment extending the authority for 2 years. We direct the
Secretary of Defense to report to the congressional defense
committees not later than 270 days after the date of the
enactment of this Act on the extent to which such authority
has been used and, if it has not been used, whether
modifications are needed to achieve the purpose of the
provision.
Clarification of status of Government rights in designs of
Department of Defense vessels, boats, craft, and
components thereof (sec. 825)
The House bill contained a provision (sec. 841) that would
clarify government rights in the designs of Department of
Defense vessels, boats, and craft, and components of such
vessels, boats, and craft.
The Senate bill contained a similar provision (sec. 1011).
The agreement includes the Senate provision with an
amendment to address designs of all Department of Defense
vessels, boats, craft, and components, regardless whether
they are developed at public or private expense.

Subtitle D--Provisions Relating to Acquisition Workforce and Inherently
Governmental Functions

Development of guidance on personal services contracts (sec.
831)
The House bill contained a provision (sec. 822) that would
require the Secretary of Defense to develop guidance and
safeguards for the use of personal services contracts by the
Department of Defense.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment cross-referencing the definition of personal
services contracts in section 2330(a) of title 10, United
States Code.
Sense of Congress on the performance by private security
contractors of certain functions in an area of combat
operations (sec. 832)
The House bill contained a provision (sec. 824) that would
require the Secretary of Defense to modify existing
regulations to ensure that private security contractors are
not authorized to perform inherently governmental functions
in an area of combat operations.
The Senate bill contained a similar provision (sec. 841)
that would also specify certain functions that constitute
inherently governmental functions when performed in highly
hazardous public areas.
The agreement includes a provision that expresses the Sense
of Congress with regard to the performance of certain
functions by private security contractors in an area of
combat operations.
Acquisition workforce expedited hiring authority (sec. 833)
The House bill contained a provision (sec. 811) that would
authorize the Department of Defense to use direct hiring
authority for acquisition positions designated by the
Secretary of Defense as shortage positions.
The Senate bill contained a similar provision (sec. 851).
The agreement includes the House provision.
Career path and other requirements for military personnel in
the acquisition field (sec. 834)
The House bill contained a provision (sec. 813) that
would require the Department of Defense to establish
policies and issue guidance to ensure the proper
development, assignment, and employment of military
personnel in the acquisition field.
The Senate bill contained a provision (sec. 502(e)) that
would establish minimum numbers of billets for general
officers and flag officers serving in acquisition positions
and in contracting positions in the military departments.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
ensure that a sufficient number of acquisition and
contracting billets are reserved for general and flag
officers with appropriate qualifications to ensure the
optimum management of the acquisition functions of the
Department of Defense. Elsewhere in the bill, we would
increase the authorized number of Army general officers
serving in acquisition positions by five, and authorize the
Chairman of the Joint Chiefs of Staff to exclude from
limitations on flag and general officers an additional five
positions, one of whom must be assigned to the Defense
Contract Management Agency.

Subtitle E--Department of Defense Contractor Matters

Ethics safeguards related to conflicts of interest (sec. 841)
The House bill contained a provision (sec. 821) that would
require the Department of Defense to develop a standard
policy aimed at preventing personal conflicts of interest by
employees of Department of Defense contractors and implement
that policy through a standard contract clause.
The House bill also contained a provision (sec. 4404) that
would require the Administrator for Federal Procurement
Policy to establish uniform, government-wide policies for the
prevention of personal and organizational conflicts of
interest by contractors and their employees and to implement
those policies through a standard clause or a set of standard
clauses.
The Senate bill contained a similar provision (sec. 832)
that would require the Department of Defense to develop a
contract clause addressing financial conflicts of interest of
certain contractor employees.
The agreement includes a provision that would combine the
requirements of the three provisions into a single,
government-wide provision. The provision would require the
development of a government-wide policy and a standard clause
or set of clauses regarding personal conflicts of interest by
contractor employees performing acquisition functions closely
associated with inherently governmental functions. The
provision would also require the Administrator for Federal
Procurement Policy to consider any additional revisions to
the Federal Acquisition Regulation that may be necessary to
address personal or organizational conflicts of interest by
contractors or their employees.
We note that the Department of Defense Panel on Contracting
Integrity is also reviewing these issues and expect the Panel
to continue that review.
Information for Department of Defense contractor employees on
their whistleblower rights (sec. 842)
The Senate bill contained a provision (sec. 833) that would
require the Secretary of Defense to prescribe in regulations
a policy for informing Department of Defense (DOD) contractor
employees of whistleblower rights and protections.

[[Page H8946]]

The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment requiring the Secretary to ensure that DOD
contractor employees are informed of their whistleblower
rights and protections.
Requirement for Department of Defense to adopt an acquisition
strategy for Defense Base Act insurance (sec. 843)
The House bill contained a provision (sec. 850) that would
require the Secretary of Defense to adopt an acquisition
strategy for insurance required by the Defense Base Act
(section 1651 of title 42, United States Code) which
minimizes the cost of such insurance to the Department and
its contractors.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Report on use of off-shore subsidiaries by defense
contractors (sec. 844)
The House bill contained a provision (sec. 852) that would
prohibit contractors from using foreign shell companies to
employ United States persons to perform Department of Defense
contracts.
The Senate bill contained a provision (sec. 823) that would
ensure that an offeror for a Department of Defense contract
cannot receive a competitive advantage by reducing costs
through the use of overseas subsidiaries to avoid U.S. taxes.
The agreement includes the House provision with
an amendment requiring a report by the Comptroller General
on the use of foreign shell companies by Department of
Defense contractors. We note that the tax issue has
already been addressed in section 302 of Public Law 110-
245.
Defense industrial security (sec. 845)
The House bill contained a series of provisions (sec. 831-
833) that would codify certain requirements regarding
facility clearances; foreign ownership, control and
influence; and congressional oversight of these requirements.
The Senate bill contained no similar provision.
The agreement includes a provision that would make the
Secretary of Defense responsible for the protection of
classified information disclosed to contractors of the
Department of Defense and require certain reports on the
manner in which the Secretary carries out this
responsibility.

Subtitle F--Matters Relating to Iraq and Afghanistan

Clarification and modification of authorities relating to the
Commission on Wartime Contracting in Iraq and Afghanistan
(sec. 851)
The Senate bill contained a provision (sec. 843) that would
ensure that federal retirees serving as members or staff of
the Commission on Wartime Contracting in Iraq and Afghanistan
may be paid for their work without forfeiting retired pay.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Comprehensive audit of spare parts purchases and depot
overhaul and maintenance of equipment for operations in
Iraq and Afghanistan (sec. 852)
The Senate bill contained a provision (sec. 844) that would
require the audit agencies of the military departments to
conduct thorough audits of spare parts purchases and depot
overhaul and maintenance of equipment for operations in Iraq
and Afghanistan.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would clarify that this provision may not be
construed to require the duplication of audit work that has
already been performed by Department of Defense audit
agencies.
Additional matters required to be reported by contractors
performing security functions in areas of combat
operations (sec. 853)
The House bill contained a provision (sec. 847) that would
amend section 862 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181) to expand the
categories of incidents that must be reported by private
security contractors operating in areas of combat operations.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment reemphasizing the requirement for contractors of
all federal agencies, pursuant to section 862 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181), to comply with regulations prescribed by the
Secretary of Defense, other applicable laws and regulations,
and orders and directives issued by commanders on the
battlefield.
Additional contractor requirements and responsibilities
relating to alleged crimes by or against contractor
personnel in Iraq and Afghanistan (sec. 854)
The House bill contained a provision (sec. 849) that would
require the Secretary of Defense to require the reporting of
crimes against contractor personnel in Iraq and Afghanistan
and to ensure that the victims of such crimes receive
appropriate assistance.
The Senate bill contained a similar provision (sec. 842).
The Senate provision would amend section 861 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) to ensure that reporting and victim assistance
requirements would apply to contractors of all federal
agencies.
The agreement includes the Senate provision with an
amendment combining the reporting and assistance requirements
of the two provisions.
Suspension of statutes of limitations when Congress
authorizes the use of military force (sec. 855)
The Senate bill contained a provision (sec. 1083) that
would amend the wartime suspension of the statute of
limitations in section 3287 of title 18, United States Code,
to apply in cases where Congress has enacted a specific
authorization for the use of the armed forces.
The House bill contained no similar provision.
The agreement includes the Senate provision.

Subtitle G--Governmentwide Acquisition Improvements

Short title (sec. 861)
The House bill contained a provision (sec. 4001) that would
provide a short title for Division D of the House bill.
The Senate bill contained no similar provision.
The agreement includes a provision that would provide a
short title for the government-wide acquisition subtitle of
Title VIII.
Limitation on length of certain noncompetitive contracts
(sec. 862)
The House bill contained a provision (sec. 4102) that would
limit the length of contracts entered on a noncompetitive
basis because of urgent and compelling circumstances.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would limit such contracts to a period of no
longer than one year and apply the limitation to contracts in
excess of the simplified acquisition threshold.
Requirements for purchase of property and services pursuant
to multiple award contracts (sec. 863)
The House bill contained a provision (sec. 4103) that
would: (1) extend on a government-wide basis certain
requirements already applicable to the Department of Defense
for purchases under multiple award contracts; and (2)
establish public notice requirements for sole source purchase
under such contracts.
The Senate bill contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Regulations on the use of cost-reimbursement contracts (sec.
864)
The House bill contained a provision (sec. 4201) that would
require the issuance of government-wide regulations to
minimize the inappropriate use of cost-reimbursement
contracts.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would streamline reporting requirements and
simplify the provision.
Preventing the abuse of interagency contracts (sec. 865)
The House bill contained a provision (sec. 4202) that would
require the Office of Management and Budget to establish
guidelines for the use of interagency acquisitions.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Limitations on tiering of subcontractors (sec. 866)
The House bill contained a provision (sec. 4204) that would
extend on a government-wide basis certain regulatory
requirements already applicable to the Department of Defense
with respect to excessive pass-through charges on contracts.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Linking of award and incentive fees to acquisition outcomes
(sec. 867)
The House bill contained a provision (sec. 4205) that would
extend on a government-wide basis certain requirements
already applicable to the Department of Defense regarding the
linking of award and incentive fees to acquisition outcomes.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment clarifying that the Department of Defense will
continue to be subject to guidance on award and incentive
fees issued pursuant to section 814 of the John Warner
National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364).
Minimizing abuse of commercial services item authority (sec.
868)
The House bill contained a provision (sec. 4206) that would
extend on a government-wide basis certain regulatory
requirements already applicable to the Department of Defense
with respect to: (1) the purchase of commercial services; and
(2) the use of time and materials contracts.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment deleting the requirement with respect to time
and materials contracts.
Acquisition workforce development strategic plan (sec. 869)
The House bill contained a provision (sec. 4301) that would
establish an acquisition

[[Page H8947]]

workforce development fund for civilian agencies, similar to
the fund already in place for the Department of Defense.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment requiring the Administrator for Federal Procurement
Policy to develop a strategic plan for funding improvements
to support the development of the civilian acquisition
workforce.
Contingency contracting corps (sec. 870)
The House bill contained a provision (sec. 4302) that would
establish a government-wide contingency contracting corps.
The Senate bill contained a provision (sec. 812) that would
establish a contingency contracting corps within the
Department of Defense (DOD).
The agreement includes the House provision with an
amendment that would ensure that members of the Armed Forces
or DOD civilian employees who are members of the government-
wide contingency contracting corps may not be deployed
without the concurrence of the Secretary of Defense or the
Secretary's designee. The provision would also preserve the
independent authority of the Secretary of Defense to deploy
members of the Armed Forces or DOD civilian employees,
including members of the government-wide contingency
contracting corps, in support of a contingency operation, as
defined in section 101(o)(13) of title 10, United States
Code.
Access of Government Accountability Office to contractor
employees (sec. 871)
The House bill contained a provision (sec. 4403) that would
ensure that the Government Accountability Office has access
to contractor employees for the purpose of conducting
interviews.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Database for federal agency contract and grant officers and
suspension and debarment officials (sec. 872)
The House bill contained a series of provisions (sec. 4502-
4504) that would require the establishment of a government-
wide database of information regarding integrity and
performance of persons awarded federal contracts and grants.
The Senate bill contained a provision (sec. 831), which
would require the establishment of a database of information
regarding the integrity and performance of persons awarded
Department of Defense contracts.
The agreement includes the Senate provision with an
amendment that would require the establishment of a
government-wide database and making certain clarifying
changes.
Role of interagency committee on debarment and suspension
(sec. 873)
The House bill contained a provision (sec. 4505) that would
establish requirements for the Interagency Committee on
Debarment and Suspension.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Improvements to the Federal Procurement Data System (sec.
874)
The House bill contained a provision (sec. 4509) that would
require the Director of the Office of Management and Budget
to direct appropriate revisions to the Federal Procurement
Data System to facilitate the collection of complete, timely,
and reliable data on interagency contracting actions and on
other transactions.
The House bill also contained a provision (sec. 4508) that
would require the Administrator of General Services to make
recommendations to Congress on steps needed to create a
centralized, comprehensive federal contracting and federal
grant database.
The Senate bill contained no similar provisions.
The agreement includes the House provisions with an
amendment that would combine them into a single section.

Subtitle H--Other Matters

Expansion of authority to retain fees from licensing of
intellectual property (sec. 881)
The House bill contained a provision (sec. 842) that would
clarify the authority for the Department of Defense and the
Department of Homeland Security to retain fees from licensing
of intellectual property.
The Senate bill contained a similar provision (sec.
852) applicable only to the Department of Defense.
The agreement includes the House provision.
Report on market research (sec. 882)
The House bill contained a provision (sec. 845) that would
require the Secretary of Defense to submit a report to
Congress on market research conducted by the Department of
Defense (DOD) to identify commercial or nondevelopmental
items that could meet DOD needs.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment streamlining the reporting requirement.
Report relating to munitions (sec. 883)
The House bill contained a provision (sec. 848) that would
require the Secretary of Defense to report to the
congressional defense committees justifying any decision to
procure certain categories of ammunition from non-domestic
sources and providing a plan to develop a domestic producer
as the source for such ammunition by 2012.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment deleting the requirement that the report include a
plan to develop a domestic producer for the covered
categories of ammunition.
Motor carrier fuel surcharges (sec. 884)
The House bill contained a provision (sec. 851) that would
require that motor carriers: (1) pass on the amount of all
fuel surcharges to the person who bears the cost of such
fuel; and (2) make the amount of any fuel-related adjustment
publicly available on the internet.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require that: (1) the Secretary of
Defense take appropriate steps to ensure that, to the maximum
extent practicable, fuel-related adjustments are passed
through to the person who bears the cost of the fuel; (2) the
steps taken by the Secretary include the use of contract
clauses in contracts providing for fuel-related adjustments;
and (3) the Secretary publicly disclose any decision by the
Department of Defense to pay fuel-related adjustments under
such contracts (or a category of such contracts).
Procurement by State and local governments of equipment for
homeland security and emergency response activities
through the Department of Defense (sec. 885)
The Senate bill contained a provision (sec. 1031) that
would amend section 381 of title 10, United States Code, to
authorize the State and local governments to purchase
specialized homeland security and emergency response
equipment through the Department of Defense.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Review of impact of covered subsidies on acquisition of KC-45
aircraft (sec. 886)
The House bill contained a provision (sec. 801) that would
require the Secretary of the Air Force to review a ruling by
the World Trade Organization (WTO) regarding subsidies to a
manufacturer of large commercial aircraft, including a notice
and comment process, and take certain actions on the basis of
such review.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
review the subsidies issue upon a ruling by the WTO, in
consultation with certain other officials and experts without
notice and public comment or the requirement to take any
action on the basis of the review.
Report on the implementation of earned value management at
the Department of Defense (sec. 887)
The House bill contained a provision (sec. 844) that would
require the Secretary of Defense to study and report to
Congress on the implementation of earned value management
systems by the Department of Defense and its contractors.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment extending the deadline for the completion of the
study and report.

Legislative Provisions Not Adopted

Authorization of appropriations
The House bill contained a provision (sec. 4507) that would
authorize funds for the Administrator of General Services
to establish a database of information regarding integrity
and performance of federal contractors.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Authorization of independent agencies
The House bill contained a provision (sec. 4506) that would
address the participation of independent agencies in the
suspension and debarment system.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Comprehensive proposal analysis required during source
selection
The House bill contained a provision (sec. 807) that would
require the Secretary of Defense to provide for the
consideration of costs borne by a foreign government in the
evaluation of a proposal for a major defense acquisition
program, a significant portion of which will be performed
outside the United States.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Disclosure of CEO salaries
The House bill contained a provision (sec. 4501) that would
require certain contractors to disclose the names and total
compensation of their five most highly compensated officers.
The Senate bill contained no similar provision.

[[Page H8948]]

The agreement does not include the provision. This issue
has already been addressed in section 6202 of the Fiscal Year
2008 Supplemental Appropriations Act (Public Law 110-252).
Limitation on performance of product support integrator
functions
The House bill contained a provision (sec. 823) that would
prohibit contractors from performing product support
integrator functions.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Mandatory fraud reporting
The House bill contained a provision (sec. 4402) that would
require contractors to report violations of Federal criminal
law or overpayments in connection with the award of
performance of contracts.
The Senate bill contained no similar provision.
The agreement does not include the provision. This issue
has already been addressed in section 6102 of the Fiscal Year
2008 Supplemental Appropriations Act (Public Law 110-252).
Minimizing sole-source contracts
The House bill contained a provision (sec. 4101) that would
require federal agencies to develop and implement plans to
minimize, to the maximum extent practicable, the use of
contracts entered into using procedures other than
competitive procedures.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Multiyear procurement authority for the Department of Defense
for the purchase of alternative and synthetic fuels
The Senate bill contained a provision (sec. 821) that would
authorize the Secretary of Defense to enter multiyear
contracts for the purchase of alternative and synthetic
fuels.
The House bill contained no similar provision.
The agreement does not include the provision.
Prohibition on procurement from beneficiaries of foreign
subsidies
The House bill contained a provision (sec. 804) that would
prohibit the Secretary of Defense for entering a contract for
the procurement of goods or services from any foreign person
whom the United States has alleged, in proceedings under the
Agreement on Subsidies and Countervailing Measures, to have
received a prohibited subsidy.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Prohibitions on the use of lead systems integrators
The House bill contained a provision (sec. 4203) that would
prohibit the award of new contracts for lead systems
integrator functions in the acquisition of major systems.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Protection of contractor employees from reprisal for
disclosure of certain information
The House bill contained a provision (sec. 4401) that would
provide enhanced protections for contractor employees of non-
defense agencies who blow the whistle on waste, fraud and
abuse in government contracting.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Repeal of requirements relating to the military system
essential item breakout list
The Senate bill contained a provision (sec. 853) that would
repeal section 813 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136).
The House bill contained no similar provision.
The agreement does not include the provision.
Requirement to buy military decorations, ribbons, badges,
medals, insignia, and other uniform accoutrements
produced in the United States
The House bill contained a provision (sec. 655) that would
require military exchange stores and other nonappropriated
fund entities of the Department of Defense (DOD) to purchase
military decorations, ribbons, badges, medals, insignia, and
other uniform accoutrements produced in the United States,
subject to certain exceptions.
The Senate bill contained no similar provision.
The agreement does not include the provision.
We understand that contracts entered by DOD nonappropriated
fund entities for the purchase of military decorations,
awards and insignia include clauses requiring that such
decorations, awards and insignia be manufactured, assembled
and produced in the United States unless there are no U.S.
manufacturing sources available. We believe that the
Secretary of Defense should take steps, including periodic
audits, to ensure contractor compliance with the terms and
conditions of these contracts, including terms and conditions
relating to product quality, conformance with technical
specifications, and point of origin.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Department of Defense Management

Plan required for personnel management of special operation
forces (sec. 901)
The House bill contained a provision (sec. 903) that would
require the commander of the special operations command to
submit a plan to the congressional defense committees on the
personnel management of special operations forces.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment clarifying that the Commander of the United States
Special Operations Command shall submit the required report
to the Secretary of Defense, who shall provide that report to
the congressional defense committees together with any
additional comments the Secretary of Defense and the Chairman
of the Joint Chiefs of Staff consider appropriate.
Director of Operational Energy Plans and Programs (sec. 902)
The House bill contained a provision (sec. 904) that would
establish a Director for Operational Energy Plans and
Programs within the Office of the Secretary of Defense and
senior operational energy officials within each of the
military services.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Corrosion control and prevention executives for the military
departments (sec. 903)
The House bill contained a provision (sec. 905) that would
require the Assistant Secretary of each military department
with responsibility for acquisition, technology, and
logistics to designate an employee of the military department
to act as the senior official to coordinate department-level
Corrosion Prevention and Control Program activities.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would make the annual report provided by the
corrosion control and prevention executives of the military
departments due to the Secretary of Defense by December 31
each year. We understand that the first report submitted by
the corrosion control and prevention executives would be
December 2009.
Participation of Deputy Chief Management Officer of the
Department of Defense on Defense Business System
Management Committee (sec. 904)
The House bill contained a provision (sec. 906) that would
clarify the role of the Deputy Chief Management Officer of
the Department of Defense.
The Senate bill contained a similar provision (sec. 902).
The agreement includes the Senate provision with a
clarifying amendment.
Modification of status of Assistant to the Secretary of
Defense for Nuclear and Chemical and Biological Defense
Programs (sec. 905)
The Senate bill contained a provision (sec. 901) that would
amend section 142 of title 10, United States Code, to clarify
that the Assistant to the Secretary of Defense for Nuclear
and Chemical and Biological Defense is equivalent to an
assistant secretary of defense.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Requirement for the Secretary of Defense to prepare a
strategic plan to enhance the role of the National Guard
and Reserves (sec. 906)
The House bill contained a provision (sec. 907) that would
require the Secretary of Defense to develop a plan for
enhancing the roles of the National Guard and reserves, and
submit a report on that plan to the Committees on Armed
Services of the Senate and the House of Representatives by
April 1, 2009.
The Senate bill contained a similar provision (sec. 1053).
The agreement includes the House provision with a
clarifying amendment.
General Counsel to the Inspector General of the Department of
Defense (sec. 907)
The Senate bill contained a provision (sec. 904) that would
provide for a General Counsel to the Inspector General of the
Department of Defense who would report only to the Inspector
General.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Business transformation initiatives for the military
departments (sec. 908)
The Senate bill contained a provision (sec. 906) that would
require the Secretary of each military department, acting
through the Chief Management Officer of such department, to
carry out a business transformation initiative. The provision
would also require each military department to establish an
Office of Business Transformation to assist the Chief
Management Officer in carrying out the initiative.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment extending the timelines for the initiative and
clarifying the responsibilities of the new Office of Business
Transformation.

[[Page H8949]]

Subtitle B--Space Activities

Extension of authority for pilot program for provision of
space surveillance network services to entities outside
United States Government (sec. 911)
The House bill contained a provision (sec. 911) that would
extend the authority to continue the pilot program to provide
network surveillance assistance to entities outside the U.S.
Government.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Investment and acquisition strategy for commercial satellite
capabilities (sec. 912)
The House bill contained a provision (sec. 912) that would
require the Secretary of Defense to conduct an assessment to
determine a recommended investment and acquisition strategy
for a broad range of commercial satellite capabilities. The
report on the strategy would be due February 2009.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the due date of the report to
February 1, 2010. The assessment would address fiscal years
after 2010.
Space posture review (sec. 913)
The Senate bill contained a provision (sec. 911) that would
direct the Secretary of Defense, in conjunction with the
Director of National Intelligence, to conduct a comprehensive
review of the space posture of the United States. The review
would cover a 10 year period beginning February 1, 2009.
The Secretary would be required to submit the report no
later than December 1, 2009.
The House bill contained no similar provision.
The agreement includes the House provision with an
amendment that would add industrial base policy to the list
of policies for which the provision requires an assessment of
interrelationships.

Subtitle C--Chemical Demilitarization Program

Responsibilities for Chemical Demilitarization Citizens'
Advisory Commissions in Colorado and Kentucky (sec. 921)
The House bill contained a provision (sec. 921) that would
require the Secretary of the Army to transfer responsibility
for the Chemical Demilitarization Citizens' Advisory
Commissions in Colorado and Kentucky to the Program Manager
for Assembled Chemical Weapons Alternatives.
The Senate bill contained a similar provision (sec. 1431).
The agreement includes the Senate provision with a
clarifying amendment.
Cost-benefit analysis of future treatment of hydrolysate at
Pueblo Chemical Depot, Colorado (sec. 922)
The House bill contained a provision (sec. 922) that would
prohibit the Department of Defense from transporting
hydrolysate from the Pueblo Chemical Depot, Colorado, to an
off-site location for treatment, storage, or disposal during
fiscal year 2009, and would require a report containing a
cost-benefit analysis between on-site and off-site methods of
disposing of such hydrolysate.
The Senate bill contained no similar provision.
The agreement includes a provision that would require the
Secretary of Defense to conduct a cost-benefit analysis of
future options for treatment and disposal of hydrolysate at
the Pueblo Chemical Depot, Colorado, and to submit a report
to Congress, together with the budget request for fiscal year
2010, containing the results of that analysis. The provision
would also require the Secretary to provide notification to
Congress 60 days prior to commencing any transport of
hydrolysate from the Pueblo Chemical Depot to an off-site
location during fiscal year 2009, if he decides to conduct
such transport after the report is submitted.

Subtitle D--Intelligence-Related Matters

Technical changes following the re-designation of National
Imagery and Mapping Agency as National Geospatial-
Intelligence Agency (sec. 931)
The House bill contained a provision (sec. 931) that would
make certain technical changes in the United States Code and
other laws to reflect the changing of the name of the
National Imagery and Mapping Agency to the National
Geospatial-Intelligence Agency.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Technical amendments to title 10, United States Code, arising
from enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004 (sec. 932)
The House bill contained a provision (sec. 932) that would
make certain technical changes in title 10, United States
Code, to reflect enactment of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458).
The Senate bill contained no similar provision.
The agreement includes the House provision.
Technical amendments relating to the Associate Director of
the CIA for Military Affairs (sec. 933)
The House bill contained a provision (sec. 933) that would
change section 528(c) in title 10, United States Code, to
reflect changing of the title of the position within the
Central Intelligence Agency (CIA) from the Associate Director
of the CIA for Military Support, to the Associate Director of
the CIA for Military Affairs.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle E--Other Matters

Enhancement of authorities relating to Department of Defense
regional centers for security studies (sec. 941)
The House bill contained a provision (sec. 942) that would
amend section 184(f) of title 10, United States Code, to
allow funds authorized under that section to be available for
programs that begin in that fiscal year but end in the
following one, starting with fiscal year 2009. The provision
would also establish a pilot program providing temporary
authority for the Secretary of Defense, with the
concurrence of the Secretary of State, to waive
reimbursement of certain costs of activities of Regional
Centers in connection with the participation of personnel
of nongovernmental or international organizations in those
activities. The provision would also require the Secretary
of Defense to report on the extent of nongovernmental and
international organization participation in regional
center programs.
The Senate bill contained a similar provision (sec. 1212).
The agreement includes the Senate provision.
Restriction on obligation of funds for United States Southern
Command development assistance activities (sec. 942)
The House bill contained a provision (sec. 944) that would
require that the Secretary of Defense, within 30 days after
the date of enactment of this Act, to submit to the
congressional defense committees a report describing the
development assistance activities carried out by the United
States Southern Command (SOUTHCOM) and containing a
certification that such activities: will not negatively
impact the readiness of SOUTHCOM; do not divert resources
from funded or unfunded requirements of SOUTHCOM; are not
already, or will not be, undertaken by other federal
departments or agencies; and are designed, planned, and
conducted as derivative activities of SOUTHCOM's warfighting
responsibilities under title 10 of the United States Code.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would increase the time permitted for the
Secretary of Defense to deliver the required report to the
Congressional defense committees to 120 days.
Authorization of non-conventional assisted recovery
capabilities (sec. 943)
The House bill contained a provision (sec. 945) that would
codify authority for Joint Forces Command to act as the
Executive Agent for the non-conventional assisted recovery
(NAR) capabilities and authorize the Department to develop a
personnel recovery program for isolated personnel
representing all parts of the U.S. Government.
The Senate bill contained a similar provision (sec. 1207)
that would authorize the commander of a combatant command,
with the concurrence of the relevant chief of mission, to
expend funds in fiscal years 2009 and 2010 to establish,
develop, and maintain NAR capabilities in a foreign country
if the commander determines that expenditure of such funds
for that purpose is necessary.
The agreement includes a provision that would authorize the
commander of a combatant command, with the concurrence of the
relevant chiefs of mission, to expend funds in fiscal years
2009 through 2011 to establish, develop, and maintain NAR
capabilities and would require a notification to the
congressional defense committees of the use of this authority
within 72 hours of a combatant commander exercising this
authority.
Report on homeland defense and civil support issues (sec.
944)
The House bill contained a provision (sec. 946) that would
require the Secretary of Defense to submit a report on
progress made to address concerns raised by the Government
Accountability Office (GAO) related to U.S. Northern Command,
and would require Northern Command to perform a number of
functions related to State and federal domestic response
planning, capabilities, and coordination.
The Senate bill contained a related provision (sec. 905)
that would express the sense of the Congress concerning the
importance of establishing and assigning to U.S. Northern
Command forces for the mission of managing the consequences
of an incident in the United States homeland involving a
chemical, biological, radiological, or nuclear device, or
high-yield explosives (CBRNE). The provision would also
require reports on progress toward achieving that goal,
including progress in addressing concerns raised by GAO
related to U.S. Northern Command.
The agreement includes a provision that would require the
Secretary of Defense to submit a report to the congressional
defense committees on progress made to address the concerns
raised by GAO related to U.S. Northern Command, including
improved coordination with other agencies, and on plans and
progress to establish CBRNE consequence management response
forces.

[[Page H8950]]

Report on National Guard resource requirements (sec. 945)
The House bill contained a provision (sec. 947) that would
require the Chief of the National Guard Bureau to submit to
the Secretary of Defense, not later than 6 months after the
date of enactment of this Act, a report on the effectiveness
of the implementation of the various provisions in title
XVIII of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181) and assessing the adequacy
of Department of Defense funding for the resource
requirements of the National Guard. The Secretary of
Defense would be required to submit the report, with any
explanatory comments the Secretary considers necessary, to
Congress not later than 30 days after the Secretary
receives the report.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Chief of the National Guard
Bureau to submit to the Secretary of Defense a report on 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 proper set of authorities
and resources to perform the responsibilities and duties of
the Chief.

Legislative Provisions Not Adopted

Revisions in functions and activities of Special Operations
Command
The House bill contained a provision (sec. 901) that would
revise the statutory authority governing special operations
activities.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Requirement to designate officials for irregular warfare
The House bill contained a provision (sec. 902) that would
require the Secretary of Defense to designate an Assistant
Secretary of Defense to be responsible for overall management
and coordination of irregular warfare activities. The
provision would also require the establishment of a single
executive agent for such activities.
The Senate bill contained no similar provision.
The agreement does not contain this provision.
We note that the Secretary of Defense has authorized a
review of the management and execution of both current and
future irregular warfare activities throughout the Department
of Defense. We understand that the Secretary will soon
approve a Department Directive pertaining to irregular
warfare activities. We applaud the review effort, await the
completion of the approval process, and direct the Secretary
to provide the results of that review to the congressional
defense committees no later than 30 days after approval.
Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps
The House bill contained a provision (sec. 908) that would
redesignate the Department of the Navy as the Department of
the Navy and Marine Corps and would redesignate the position
of the Secretary of the Navy as the Secretary of the Navy and
Marine Corps.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Support to committee to review
The House bill contained a provision (sec. 909) that would
require the Secretary of Defense to provide certain
information to the House Committee on Armed Services within
15 days after receiving a request.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Requirement for certain officers of the armed forces on
active duty in certain intelligence positions
The Senate bill contained a provision (sec. 921) that would
require that the principal deputy to the senior service
intelligence officer be a commissioned officer of the armed
forces on active duty.
The House bill contained no similar provision.
The agreement does not include the provision.
Transfer of management of Intelligence Systems Support Office
The Senate bill contained a provision (sec. 922) that would
transfer management of the Intelligence Systems Support
Office and other projects and activities currently conducted
by the Office of the Under Secretary of Defense for
Intelligence to other components of the Department of
Defense.
The House bill contained no similar provision.
The agreement does not include the provision.
Program on advanced sensor applications
The Senate amendment contained a provision (sec. 923) that
would transfer management oversight of the Advanced
Sensor Applications Program (ASAP) to the Under Secretary
of Defense for Acquisition, Technology and Logistics and
mandate other aspects of the management of the program.
The House bill contained no similar provision.
The Senate recedes.
The Deputy Secretary of Defense sent a letter to the
congressional defense and intelligence committees, dated July
22, 2008, outlining certain changes in the Department's
position on the ASAP effort. The conferees agree that the
revised funding and management approach described in the
Deputy Secretary's letter should help ensure that the
Department abides by congressional intent without the need
for immediate legislative intervention.
The conferees agree to authorize $20.0 million for the ASAP
program for fiscal year 2009.
Additional direction on the ASAP program is contained in
the classified annex to this report.
Findings and sense of Congress regarding the Western
Hemisphere Institute for Security Cooperation
The House bill contained a provision (sec. 943) that would
express the sense of Congress that the Western Hemisphere
Institute for Security Cooperation is one of the most
effective mechanisms that the United States has to build
relationships with future leaders throughout the Western
Hemisphere, influence the human rights records and democracy
trajectory of countries in the Western Hemisphere, and
mitigate the growing influence of non-hemispheric powers.
The Senate bill contained no similar provision.
The agreement does not include this provision.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

General Transfer authority (sec. 1001)
The House bill contained a provision (sec. 1001) that would
allow the Secretary of Defense to make transfers between any
amounts of authorizations for fiscal year 2009 in division A
of this Act. This section would limit the total amount of
transferred under this authority to $4.0 billion. This
section would also require prompt notification to Congress of
each transfer made.
The Senate bill contained a similar provision (sec. 1001)
that would provide $5.0 billion in transfer authority.
The agreement provides for transfer authority of $4.2
billion.
One-time shift of military retirement payments (sec. 1002)
The House bill contained a provision (sec. 1004) that would
shift a portion of the military retirement payments disbursed
in September 2013 to October 2013. The provision would also
require the Secretary of Defense to transfer $40.0 million
from the National Defense Stockpile Transaction Fund.
The Senate bill contained no similar provision.
The agreement contains this provision.
Management of purchase cards (sec. 1003)
The House bill contained a provision (sec. 1005) that would
require new safeguards and internal controls for the use of
purchase cards by the Department of Defense.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
report to Congress on the steps that the Department of
Defense has taken or plans to take to implement the
recommendations of a Government Accountability Office report
on actions needed to strengthen internal controls for the use
of purchase cards (GAO report 08-333).
Codification of recurring authority on United States
contributions to the North Atlantic Treaty Organization
common-funded budgets (sec. 1004)
The Senate bill contained a provision (sec. 1003) that
would authorize the U.S. contribution to the North Atlantic
Treaty Organization (NATO) common-funded budgets for fiscal
year 2008, including the use of unexpended balances.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that provides permanent authority for amounts
contributed by the Secretary of Defense in any fiscal year
for the NATO common-funded budgets to exceed the maximum
amount that would otherwise be applicable under the fiscal
year 1998 baseline limitation set out in the Senate
resolution of ratification of the Protocols to the North
Atlantic Treaty of 1949 on the Accession of Poland, Hungary,
and the Czech Republic. The amendment also requires the
Secretary of Defense to report annually to Congress regarding
U.S. contributions to the NATO common-funded budgets.
Incorporation of funding decisions into law (sec. 1005)
The House bill contained a provision (sec. 1431) that would
state that Executive Order No. 13457 shall not apply to this
Act.
The Senate bill contained a provision (sec. 1002) that
would incorporate the funding tables into the Act.
The agreement includes the Senate provision with a
clarifying amendment that would incorporate the authorized
amounts in funding tables into the Act. For the purposes of
this provision, a funding table means a list of specific
programs, projects and activities, and the dollar amounts and
adjustments to budget activities corresponding to such
programs, projects, and activities, but does not include a
table included in the joint explanatory statement in
compliance with Rule XLIV of the Standing Rules of the Senate
or Rule XXI of the Rules of the House of Representatives.

[[Page H8951]]

The Government Printing Office (GPO) has informed us that
incorporating the funding tables into bill language would add
3 full days to the time required to prepare a bill for floor
consideration, even if the GPO does not have other high
priority work to accomplish at the time. This delay is in
addition to the day and a half it would require for the
committee staff to prepare the funding tables in a form that
could be processed by GPO, and to ensure the accuracy of
GPO's work. With only 3 days left for the House and the
Senate to consider the bill before the scheduled end of this
year's session of Congress, we have determined that
incorporating the funding tables into bill language was not
an option that was available to us.

Subtitle B--Policy Relating to Vessels and Shipyards

Conveyance, Navy drydock, Aransas Pass, Texas (sec. 1011)
The House bill contained a provision (sec. 1011) that would
authorize the Secretary of the Navy to convey the floating
drydock AFDL-23, located at Aransas Pass, Texas, to Gulf
Copper Ship Repair, the company currently leasing the drydock
from the Navy. The Secretary would be allowed to place such
terms and conditions on the transfer as he feels appropriate,
and the company would be required to compensate the Federal
Government for the fair market value of the drydock, as
determined by the Secretary.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Report on repair of naval vessels in foreign shipyards (sec.
1012)
The House bill contained a provision (sec. 1012) that would
amend section 7310 of title 10, United States Code, to
require the Secretary of the Navy to submit a report at least
30 days before conducting repair work on any vessel in a
shipyard outside the United States or Guam.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary to provide a
report, with the submission of the President's budget,
regarding any ship repair work conducted on any vessel in a
shipyard outside the United States or Guam during the
previous year.
Report on plan for disposal of certain vessels stricken from
the Naval Vessel Register (sec. 1013)
The House bill contained a provision (sec. 1015) that would
require the Secretary of the Navy to submit a report within
30 days to the congressional defense committees on the
contribution of scrapping vessels larger than 50,000 tons
displacement to the domestic market for steel and other
metals.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would allow the Secretary 180 days to complete
the report.
Reimbursement of expenses for certain Navy mess operations
(sec. 1014)
The Senate bill contained a provision (sec. 1012) that
would authorize the Secretary of Defense to fund from agency
operating accounts the cost of meals on United States naval
and naval auxiliary vessels for non-military personnel. For
the purposes of this provision, this includes nongovernmental
organization and host and partner nation participants in
civil-military operations and foreign national patients
treated during the conduct of civil-military operations, as
well as their escorts.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would place an annual limit of $1.0 million on
such costs and would require an annual report on
the Department's use of this authority.
Policy relating to major combatant vessels of the strike
forces of the United States Navy (sec. 1015)
The House bill contained a provision (sec. 1013) that would
amend the section 1012(c)(1) of the National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-181)
to add all amphibious ships larger than 15,000 dead weight
ton light ship displacement to the definition of major
surface combatants in that section. Section 1012 stated that
it is the policy of the United States to construct major
surface combatants of the strike forces of the United States
with integrated nuclear power systems.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle C--Counter-Drug Activities

Extension of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug
activities (sec. 1021)
The House bill contained a provision (sec. 1021) that would
extend, by 1 year, the requirement for the Secretary of
Defense to submit a report detailing the expenditure of funds
by the Department during fiscal year 2008 in direct and
indirect support of the counterdrug activities of foreign
governments.
The Senate bill contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities (sec. 1022)
The House bill contained a provision (sec. 1022) that would
extend the authority provided in section 1022(b) of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136), which expires at the end of fiscal year
2008, through fiscal year 2009. The current authority
provides that a joint task force of the Department of
Defense, which is providing support to law enforcement
agencies conducting counterdrug activities, may also provide,
subject to all applicable laws and regulations, these law
enforcement agencies with support for their counterterrorism
activities.
The Senate bill contained a nearly identical provision
(sec.1021).
The agreement includes the provision.
The agreement directs the Deputy Assistant Secretary of
Defense for Counternarcotics, Counterproliferation and Global
Threats to provide an annual briefing about the use of this
authority to the congressional defense committees.
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. 1023)
The House bill contained a provision (sec.1023) that would
extend the authority provided in section 1021 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375) to use counterdrug funds to support
the Government of Colombia's unified campaign against
narcotics cultivation and trafficking, and against terrorist
organizations involved in such drug trafficking activities
through fiscal year 2009.
The Senate bill contained a nearly identical provision
(sec.1022).
The agreement includes the provision.
Expansion and extension of authority to provide additional
support for counter-drug activities of certain foreign
governments (sec. 1024)
The House bill contained a provision (sec. 1024) that would
extend by 1 fiscal year the duration of authority for
assistance under section 1033 of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 1998 (Public
Law 105-85), as amended by section 1021 of the NDAA for FY
2004 (Public Law 108-136), section 1022 of the John Warner
NDAA for FY 2007 (Public Law 109-364), and section 1022 of
the NDAA for FY 2008 (Public Law 110-181); would expand the
list of countries that could qualify for assistance under
section 1033 to include three West African countries; and
would increase the funding limitation under section 1033 from
$60.0 million to $65.0 million for fiscal year 2009.
The Senate bill contained no similar provision.
The agreement includes a provision that would extend by one
fiscal year the duration of this authority; would expand the
list of countries that could qualify for assistance under
section 1033 to include: El Salvador, Guinea-Bissau,
Honduras, and Senegal; and would increase the funding
limitation under section 1033 from $60.0 million to $75.0
million for fiscal year 2009.
Comprehensive Department of Defense strategy for counter-
narcotics efforts for United States Africa Command (sec.
1025)
The House bill contained a provision (sec. 1025) that would
require the Secretary of Defense, in consultation with the
Secretary of State, to prepare a counterdrug plan for all
eligible governments under section 1033 of the National
Defense Authorization Act for fiscal year 1998 (Public Law
105-85) for fiscal year 2009 and updates thereafter, as well
as a region-wide, counterdrug plan for Africa, with a special
emphasis on West Africa and the Maghreb.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would expand the scope of this reporting
requirement to include the remainder of the African
continent.
Comprehensive Department of Defense strategy for counter-
narcotics efforts in South and Central Asian regions
(sec. 1026)
The House bill contained a provision (sec. 1026) that would
require the Secretary of Defense to submit a report to the
congressional defense committees that outlines the
Department's role, missions, objectives, and budget in
support of the overall U.S. Government counternarcotics
strategy and activities in the south and central Asian
regions and other geographically proximate countries.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment which would provide the Department with additional
time to complete the report, as well as a technical change.

Subtitle D--Miscellaneous Authorities and Limitations

Enhancement of the capacity of the United States Government
to conduct complex operations (sec. 1031)
The Senate bill contained a provision (sec. 1032) that
would authorize the Secretary of Defense to establish a
Center for Complex Operations. The center would facilitate
the activities of a consortium composed of education and
training institutions from across

[[Page H8952]]

the U.S. Government in order to increase unity of effort in
complex operations.
The House bill contained no similar provision.
The agreement contains the Senate provision with an
amendment clarifying that the Secretary of Defense will seek
the concurrence of the Secretary of State to the extent that
the activities of the Center involve foreign government or
militaries, international organizations or international
nongovernmental organizations.
Crediting of admiralty claim receipts for damage to property
funded from a Department of Defense working capital fund
(sec. 1032)
The Senate bill contained a provision (sec. 1033) that
would provide that payments received by the United States in
settlement of an admiralty claim for damage or loss to
property that is operated and maintained using monies from a
Department of Defense working capital fund account would be
credited to the working capital fund which was used to
operate and maintain the damaged or lost property.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Minimum annual purchase requirement for charter air
transportation services from carriers participating in
the Civil Reserve Air Fleet (sec. 1033)
The Senate bill contained a provision (sec. 1034) that
would authorize the Secretary of Defense to guarantee higher
minimum levels of business than are currently authorized by
law to United States air carriers participating in the Civil
Reserve Air Fleet (CRAF).
The House bill contained no similar provision.
The agreement includes the Senate provision, amended to
provide authority to the Secretary to guarantee minimum
levels of business to CRAF participants operating passenger
travel contracts only.
Semi-annual reports on status of Navy Next Generation
Enterprise Networks (NGEN) program (sec. 1034)
The Senate bill contained a provision (sec. 1035) that
would modify the termination date of the base contract for
the Navy-Marine Corps Intranet (NMCI) program.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment establish a semi-annual reporting requirement on
the Navy's transition between the NMCI and NGEN programs.
The NGEN program represents one of the largest, farthest
reaching, and complex acquisition programs and technology
deployments for the Navy and Marine Corps in the next decade.
We note with concern the lack of planning and oversight that
the Department of Defense has dedicated to the requirements
generation, acquisition strategy development, outreach to
industry, contracting mechanisms, realistic testing, and
transition planning for the NGEN program. The lack of
transparency and dialogue with industry about the acquisition
strategy for NGEN and the planned transition of assets and
intellectual property currently associated with the NMCI
program is a continuing concern.
The Secretary of Defense is directed to keep the
congressional defense committees well informed about the
development of acquisition and transition strategies for
NGEN. It is expected that the semi-annual reporting
requirement in this provision will provide an efficient
mechanism to support that dialogue.
Sense of Congress on nuclear weapons management (sec. 1035)
The Senate bill contained a provision (sec. 1038) that
would find that the unauthorized transfer of nuclear weapons
from Minot Air Force Base, North Dakota, to Barksdale Air
Force Base, Louisiana, in August 2007; the unauthorized
transfer of classified intercontinental ballistic missile
parts, discovered in March 2008; and a lack of training and
staffing for nuclear matters, demonstrate a lack of attention
by the Department of Defense (DOD) to nuclear issues in
general. In addition, the provision would set forth the sense
of Congress that safety and security of nuclear weapons and
related equipment should be a high priority for the United
States; that the President should take steps to nominate an
individual to fill the position of the Assistant to the
Secretary of Defense for Nuclear and Chemical and Biological
Defense Programs; and that the Secretary of Defense should
establish a senior position in the DOD Office of Policy at an
assistant secretarial or deputy under secretarial level with
responsibility for nuclear policy issues.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would add an additional finding to the
provision. The amendment would set forth the sense of the
Congress that maintaining the safety and security of nuclear
weapons would be more easily achieved if greater attention
were paid to the nuclear matters in the Offices of the
Secretary of Defense, the Under Secretary of Defense for
Policy and the Under Secretary of Defense for Acquisition,
Technology, and Logistics. The amendment would also set forth
the sense of the Congress that the Secretary of Defense
should clarify lines of responsibility and accountability for
nuclear weapons matters.
Sense of Congress on joint Department of Defense-Federal
Aviation Administration executive committee on conflict
and dispute resolution (sec. 1036)
The Senate bill contained a provision (sec. 1039) that
would express the sense of the Congress that the Secretary of
Defense should seek an agreement with the Administrator of
the Federal Aviation Administration to establish a Joint
Executive Committee to serve as the focal point for dispute
resolution and policy development, and as a mechanism for
identifying solutions to a range of mutual issues.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Sense of Congress on sale of new outsize cargo, strategic
airlift aircraft for civilian use (sec. 1037)
The Senate bill contained a provision (sec. 1040) that
would encourage the Secretary of Defense, in consultation
with the Secretary of Transportation, to: (1) review the
benefits and feasibility of pursuing new production of a
commercial C-17 variant to determine whether such capability
would be in the national interest; and (2) if he determines
it to be in the national interest, take appropriate action
with the Federal Aviation Administration to achieve type
certification of such aircraft.
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.

Subtitle E--Studies and Reports

Report on corrosion control and prevention (sec. 1041)
The House bill contained a provision (sec. 1041) that would
require the Department of Defense, through the Office of
Corrosion Policy and Oversight, to provide a report to the
Senate Committee on Armed Services and the House Committee on
Armed Services by February 1, 2009, regarding the potential
for improvements in corrosion control and prevention in
weapons systems by planning for corrosion control and
prevention earlier in the system requirements and acquisition
processes.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would change the due date of the report to not
later than 120 days after the date of enactment of the Act.
Study on using Modular Airborne Fire Fighting Systems (MAFFS)
in a Federal response to wildfires (sec. 1042)
The House bill contained a provision (sec. 1042) that would
require the Secretary of Defense to carry out a study on how
to utilize the Department's Modular Airborne Fire Fighting
Systems (MAFFFS) in all contingencies where there is a
Federal response to wildfires, and how to decrease costs of
using MAFFS when supporting National Interagency Fire Center
fire fighting operations. The provision would require that
the Secretary submit that report to the congressional defense
committees within six months of the date of enactment of this
Act.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Study on rotorcraft survivability (sec. 1043)
The House bill contained a provision (sec. 1043) that would
require the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff to conduct a study on rotorcraft
survivability.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Report on nuclear weapons (sec. 1044)
The House bill contained a provision (sec. 1045) that would
require the Secretary of Defense, in consultation with the
Secretary of State, the Secretary of Energy, and the Director
of National Intelligence, to conduct a review of nonstrategic
nuclear weapons world wide, and submit a report to Congress
setting forth the results of the review. The report would be
due 180 days after the date of enactment of this Act.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the scope of the review. The
review would cover nuclear weapons world wide and include a
description of each country's nuclear weapons arsenal and an
assessment of the various risks associated with nuclear
weapons deemed to be attractive to terrorists, states, and
other non-state actors. For those weapons that are deemed to
be attractive to terrorists and state and non-state actors,
the review would also include recommendations on mechanisms
and procedures to improve the security of such weapons,
monitor and track such weapons, and identify options to
transparently and verifiably dismantle and dispose of such
weapons. The President shall submit a report that would be
due 1 year after the date of enactment of this Act. The
report shall be unclassified but may have a classified annex.
Report on compliance by Department of Defense with Guam tax
and licensing laws (sec. 1045)
The House bill contained a provision (sec. 1047) that would
require the Secretary of Defense to report to Congress on
steps the Department is taking to ensure that defense

[[Page H8953]]

contractors performing work on Guam comply with local tax and
licensing requirements.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment simplifying the reporting requirement.
Report on detention operations in Iraq (sec. 1046)
The Senate bill contained a provision (sec. 1052) that
would require the Secretary of Defense to submit a detailed
report to the congressional defense committees on detention
operations at theater internment facilities and reintegration
centers in Iraq. The Senate provision would require that the
report contain information on changes in detention policies
and procedures intended to incorporate counterinsurgency
doctrine, and a description of policies and programs to
prepare detainees for reintegration upon their release.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment clarifying the elements to be included as part of
the report. We note that the description of how
counterinsurgency doctrine has been incorporated at theater
internment facilities in Iraq should include the changes, if
any, to procedures for reviewing the detention status of
individuals under detention at such facilities.
Review of bandwidth capacity requirements of the Department
of Defense and the intelligence community (sec. 1047)
The Senate bill contained a provision (sec. 1055) that
would direct the Secretary of Defense and the Director of
National Intelligence to conduct a joint review of the
current and future bandwidth capacity requirements of the
Department of Defense and the intelligence community over the
next 10 years. The review would also include a discussion of
any mitigation concepts, including operational or
technical options that might be used to address bandwidth
capacity shortfalls. Not later than 1 year after the date
of enactment of this Act, the Secretary and the Director
would be required to submit a report setting forth the
results of the review to the congressional defense
committees and the intelligence committees of the Senate
and the House of Representatives. The Secretary and the
Director should include and fully address in the review
all means by which bandwidth is provided, including
ground, aerial, and satellite options.
The provision would also direct the Secretary and the
Director to establish a formal process, for each major
defense acquisition or major system acquisition program, to
ensure during the Milestone B or key decision point B phase
of the acquisition process, that the bandwidth requirements
of each such system can be met.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would expand the assessment of bandwidth
capacities and capabilities to include airborne relays and
expand the elements of the assessment to include technologies
that could increase data transport.
Review of findings and recommendations applicable to the
Department of Defense regarding electromagnetic pulse
attack (sec. 1048)
The House bill contained a provision (sec. 1033) that would
extend the duration of the Commission to Assess the Threat to
the United States from Electromagnetic Pulse Attack (EMP
Commission) by 4 years to 2012, expand its scope and
membership, and authorize additional funds.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would direct the Secretary of Defense to
submit a report in each odd numbered year until 2015 that
sets forth the results of a review of the findings and
recommendations of the EMP Commission that are applicable to
the Department of Defense (DOD).
We note that an electromagnetic attack on the United States
could have a devastating impact on the ability of the DOD and
the military services to carry out their missions. The EMP
Commission, over the course of 7 years has made extensive
findings and recommendations for the Department of Defense
and other Executive Branch agencies.

Subtitle F--Other Matters

Additional information under annual submissions of
information regarding information technology capital
assets (sec. 1051)
The House bill contained a provision (sec. 1061) that would
Clarify reporting requirements relating to budget submissions
for information technology capital assets.
The Senate amendment contained a similar provision (sec.
331).
The agreement includes a provision that clarifies and
reduces the burden on the Department of Defense in terms of
reporting on budget requests related to information
technology capital assets. The Department should continue to
work to ensure that public information on the information
technology budget is informative and provides visibility into
the use of public funds for these important activities.
Submission to Congress of revision to regulation on enemy
prisoners of war, retained personnel, civilian internees,
and other detainees (sec. 1052)
The House bill contained a provision (sec. 1064) that would
prohibit implementation of any successor regulation to Army
Regulation 190-8, Enemy Prisoners of War, Retained Personnel,
Civilian Internees, and Other Detainees (dated October 1,
1997) until 60 days after the Secretary of Defense submits
that successor regulation to the Committees on Armed Services
of the Senate and the House of Representatives.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Barnegat Inlet to Little Egg Inlet, New Jersey (sec. 1053)
The House bill contained a provision (sec. 1067) that would
authorize the Secretary of the Army to pay the full cost of
removing munitions from the beach at Barnegat Inlet to Little
Egg Inlet, New Jersey.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would modify the language regarding
reimbursement for any non-federal expenses incurred.
Standing advisory panel on improving coordination among the
Department of Defense, the Department of State, and the
United States Agency for International Development on
matters of national security (sec. 1054)
The House bill contained a provision (sec. 1071) that would
require the Secretary of Defense, the Secretary of State, and
the Administrator of the U.S. Agency for International
Development (USAID) to jointly establish an advisory panel to
review the roles and responsibilities of the Department of
Defense, the Department of State, and the USAID on matters of
national security and make recommendations to improve
collaboration and coordination.
The Senate bill contained no similar provision.
The agreement contains the House provision with an
amendment allowing the Secretary of Defense, the Secretary of
State, and the Administrator of the USAID to jointly
establish an advisory panel to advise on ways to improve
coordination among the Department of Defense, the Department
of State, and USAID on matters relating to national security,
including reviewing their respective roles and
responsibilities.
Reports on strategic communication and public diplomacy
activities of the Federal Government (sec. 1055)
The House bill contained a provision (sec. 1074) that would
require the President to submit to Congress a report on a
comprehensive interagency strategy for public diplomacy and
strategic communication efforts for the Federal Government.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment. We note that numerous studies from
independent commissions, the Government Accountability
Office, and the Defense Science Board have indicated a lack
of clearly articulated strategic goals for the Federal
Government's efforts at strategic communication and public
diplomacy. Taken as a whole, these studies point to
deficiencies in the U.S. approach to this mission that have
not been adequately addressed by previous strategies, or by
any other official government initiative. For example, these
studies indicate that the Federal Government's approach to
strategic communication and public diplomacy has not been
effective enough at garnering greater participation from the
private sector, academic institutions or other non-
governmental organizations. We commend the establishment of
the Global Strategic Engagement Center at the Department of
State, but note that its role within a whole-of-government
approach to strategic communication and public diplomacy
still needs to be further clarified.
Prohibitions relating to propaganda (sec. 1056)
The House bill contained a provision (sec. 1075) that would
prohibit the use of Department of Defense funds for
propaganda purposes not specifically authorized by law.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment. We intend the term ``publicity or
propaganda'', as used in the provision, to have the meaning
given to such term in decisions of the Government
Accountability Office on this subject.
Sense of Congress on interrogation of detainees by contractor
personnel (sec. 1057)
The House bill contained a provision (sec. 1077) that would
require the Secretary of Defense to revise applicable
regulations, not later than one year after the date of the
enactment of this Act, to prohibit the use of contractor
personnel to interrogate detainees.
The Senate bill contained a similar provision (sec. 1036).
The agreement includes the Senate provision with an
amendment expressing the Sense of Congress that the
interrogation of detainees is an inherently governmental
function and that within one year after the date of the
enactment of this Act, the Department of Defense should
develop the resources needed to ensure that all such
interrogations can be conducted by government personnel
rather than contractor employees.

[[Page H8954]]

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.
1058)
The House bill contained a provision (sec. 1078) that would
require the Secretary of Defense to ensure that all strategic
intelligence interrogations of individuals in Department of
Defense (DOD) custody or under detention in a DOD facility
are videotaped or otherwise electronically recorded.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would express the Sense of Congress that the
Secretary of Defense should take the necessary actions to
ensure that all strategic interrogations of individuals in
DOD custody or under detention in a DOD facility are
videotaped or otherwise electronically recorded.
Modification of deadlines for standards required for entry to
military installations in the United States (sec. 1059)
The Senate bill contained a provision (sec. 1082) that
would amend section 1069 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181)
to extend deadlines for the establishment and implementation
of standards for entry to military installations in the
United States.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment modifying the deadlines.
Extension of certain dates for Congressional Commission on
the Strategic Posture of the United States (sec. 1060)
The House bill contained a provision (sec. 1032) that would
extend the due date for the final report of the Congressional
Commission on the Strategic Posture of the United States from
December 1, 2008 to March 1, 2009, and the sunset date for
the Commission from June 1, 2009, to September 30, 2009. The
provision would also direct the Commission to submit an
interim report no later than December 1, 2009.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that that would extend the due date of the final
report to April 1, 2009.
The Commission should be prepared to brief Congress on the
results of the interim report when it becomes available.
Technical and clarifying amendments (sec. 1061)
The House bill contained a provision (sec. 1063) that would
make technical and clarifying amendments.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment adding additional technical and clarifying
language.
Notification of Committees on Armed Services with respect to
certain nonproliferation and proliferation activities
(sec. 1062)
The Senate bill contained a provision (sec. 1037) that
would direct the Departments of Defense, Energy, State, and
Commerce, and the Nuclear Regulatory Commission to keep the
Committees on Armed Services of the Senate and the House of
Representatives fully and currently informed with respect to
their activities to prevent the proliferation of weapons of
mass destruction and the Director of National Intelligence to
keep the committees currently informed with respect to the
current activities of foreign nations that are of
significance from the proliferation standpoint.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Assessment of security measures at consolidated center for
North American Aerospace Defense Command and United
States Northern Command (sec. 1073)
The House bill contained a provision (sec. 1062) that would
prohibit the Secretary of Defense from relocating any mission
from Cheyenne Mountain Air Force Station until 30 days after
the Secretary submits a report to the congressional defense
committees with information concerning any such relocation.
The Senate bill contained no similar provision.
The agreement includes a provision that would require the
Secretary of Defense to conduct an assessment of the adequacy
of security measures for the consolidated command center for
North American Aerospace Defense Command (NORAD) and United
States Northern Command (USNORTHCOM), and to report on the
results of the assessment by no later than March 1, 2009. The
provision would also require the Secretary to ensure that
redundant facilities and equipment, along with appropriate
manning, are maintained at Cheyenne Mountain Air Force
Station until the Secretary of Defense certifies that
measures have been instituted that bring the consolidated
NORAD/USNORTHCOM command center into full compliance with
Protection Level One requirements.

Legislative Provisions Not Adopted

Strategic Communication Management Board
The House bill contained a provision (sec. 1031) that would
require the Secretary of Defense to establish a Strategic
Communication Management Board to provide interdepartmental
and interagency coordination for Department of Defense
strategic communication efforts.
The Senate bill contained no similar provision.
The agreement does not contain the provision.
Studies to analyze alternative models for acquisition and
funding of interconnected cyberspace systems
The House bill contained a provision (sec. 1044) that would
require the Secretary of Defense to contract for an
independent assessment on a variety of issues related to the
development, acquisition, and operational use of technologies
supporting network centric operations.
The Senate bill contained no similar provision.
The agreement does not include the provision.
This provision contains aspects worthy of future
consideration by the Department of Defense, as well as
Congress, as they relate to acquisition of information
technology systems. For example, the development of a
taxonomy for understanding the key components of systems
supporting network centric operations is long overdue. The
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) contained a provision (sec. 887) that
required the Defense Science Board (DSB) to conduct a study
of policies and procedures for the acquisition of information
technology. This DSB study will address the majority of
issues raised by the House provision, and thus it would be
premature to commission another study until those results
have been reported back to Congress.
Study on national defense implications of section 1083
The House bill contained a provision (sec. 1046) that would
require the Department of Defense to study the national
defense implications of section 1083 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181).
The Senate bill contained no similar provision.
The agreement does not include the provision.
Study on methods to verifiably reduce the likelihood of
accidental nuclear launch
The House bill contained a provision (sec. 1048) that would
direct the Secretary of Defense to carry out a study to
evaluate procedural and physical options to introduce time
delays into the nuclear weapons launch procedures of the
United States, Russia, and China.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Sense of Congress honoring the Honorable Duncan Hunter
The House bill contained a provision (sec. 1051) that would
express the sense of Congress honoring the Honorable Duncan
Hunter.
The Senate bill contained no similar provision.
The agreement does not include the provision. The material
from the provision is incorporated into section 1, the short
title of the bill.
Sense of Congress in honor of the Honorable Jim Saxton, a
Member of the House of Representatives
The House bill contained a provision (sec. 1052) that would
express the sense of Congress honoring the Honorable Jim
Saxton.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Sense of Congress honoring the Honorable Terry Everett, a
Member of the House of Representatives
The House bill contained a provision (sec. 1053) that would
express the sense of Congress honoring the Honorable Terry
Everett.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Sense of Congress honoring the Honorable Jo Ann Davis, a
Member of the House of Representatives
The House bill contained a provision (sec. 1054) that would
express the sense of Congress honoring the Honorable Jo Ann
Davis.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Authorization of appropriations for payments to Portuguese
nationals employed by the Department of Defense
The House bill contained a provision (sec. 1065) that would
authorize payments for salary increases based on wage survey
data for fiscal years 2006 and 2007 to Portuguese nationals
employed by the Department of Defense.
The Senate bill contained no similar provision.
The agreement does not include this provision.
State defense force improvement
The House bill contained a provision (sec. 1066) that would
amend section 109 of title 32, United States Code, to
recognize state defense forces as an integral military
component of the United States, and would authorize the
Secretary of Defense to coordinate, assist, train, and
transfer excess equipment

[[Page H8955]]

to a state defense force provided the Secretary determines
certain conditions are met.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Sense of Congress regarding the roles and missions of the
Department of Defense and other national security
institutions
The House bill contained a provision (sec. 1068) that would
express the sense of Congress regarding coordination between
the Department of Defense and other national security
organizations.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Sense of Congress relating to 2008 supplemental
appropriations
The House bill contained a provision (sec. 1069) that would
state the sense of Congress regarding readiness shortfalls.
The Senate bill contained no similar provision.
The agreement does not include this provision.
Sense of Congress regarding defense requirements of the
United States
The House bill contained a provision (sec. 1070) that would
state the sense of Congress regarding the funding of national
defense requirements.
The Senate bill contained no similar provision.
The agreement does not include this provision.
Nonapplicability of the Federal Advisory Committee Act to the
Congressional Commission on the Strategic Posture of the
United States
The House bill contained a provision (sec. 1072) that would
exempt the Congressional Commission on the Strategic Posture
of the United States from the applicability of the Federal
Advisory Committee Act (Public Law 92-463) or 5 U.S.C. App.
The Senate bill contained no similar provision.
The agreement does not include this provision.
Study and report on the use of power management software
The House bill contained a provision (sec. 1073) that would
require a report on the use of power management software.
The Senate bill contained no similar provision.
The agreement does not include the provision.
The strides that the Department of Defense has made in
improving energy efficiency across the entire organization
are encouraging. The Department is working to increase the
fuel efficiency and alternative fuel options of its vast
fleet of vehicles, but also developing options for improving
the energy efficiency of its extensive information technology
(IT) enterprise. IT systems, including all of the desktop
computing, servers, routers, and associated equipment consume
significant quantities of energy, and any gains of efficiency
will likely translate to significant cost savings. The
adoption of innovative business practices will also help
contribute to the reduction of the energy consumption for
these resources. The Department should continue to undertake
further measures to reduce energy consumption in its
information technology enterprise, and keep industry and
academia aware of opportunities for them to support efforts
in this area.
Public disclosure of names of students and instructors at
Western Hemisphere Institute for Security Cooperation
The House bill contained a provision (sec. 1079) that would
require the Secretary of Defense to release to the public,
upon request, the names, ranks, countries of origin, and
other information of students and instructors of the Western
Hemisphere Institute for Security Cooperation.
The Senate bill contained no similar provision.
The agreement does not include this provision.

TITLE XI--CIVILIAN PERSONNEL MATTERS

Authority to waive annual limitation on premium pay and
aggregate limitation on pay for federal civilian
employees working overseas (sec. 1101)
The House bill contained a provision (sec. 1101) that would
extend for an additional year the authority of a head of a
federal agency to waive the limitations on the amount of
premium pay that may be given to a civilian employee who
performs certain work in an overseas location that falls
under the responsibility of the United States Central
Command, or in support of a military operation or responding
to an emergency declared by the President. The total
compensation would be limited to $212,100 for the calendar
year.
The Senate bill contained a provision (sec. 1108) that
would authorize the head of an executive agency to waive
limitations on the aggregate of basic and premium pay, and on
allowances, differentials, bonuses, awards, and similar
cash payments payable during calendar year 2009 to an
employee who performs work in an overseas location under
the area of responsibility of the Commander, United States
Central Command in support of a contingency operation or
an operation in response to a declared emergency. The
total amount payable may not exceed the total annual
compensation payable to the Vice President under section
104 of title 3, United States Code.
The agreement includes the Senate provision with an
amendment that would account for the possibility of certain
employees no longer working under the area of responsibility
of the United States Central Command due to the changes that
would accompany the stand up of the United States Africa
Command. The amendment would also address the manner in which
premium pay caps and aggregate compensation limits are
handled.
Temporary discretionary authority to grant allowances,
benefits, and gratuities to personnel on official duty in
a combat zone (sec. 1102)
The House bill contained a provision (sec. 1107) that would
provide temporary discretionary authority to federal agencies
to grant allowances, benefits, and gratuities comparable to
those provided to members of the foreign service to an
agency's civilian employees on official duty in a combat
zone. This authority would expire in 2011.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Election of insurance coverage by federal civilian employees
deployed in support of a contingency operation (sec.
1103)
The Senate bill contained a provision (sec. 1105) that
would authorize federal civilian employees deployed in
support of a contingency operation and Department of Defense
employees designated as emergency essential to elect to
receive automatic life insurance coverage upon notification
of deployment or designation. The provision would also
authorize such civilian employees to elect optional life
insurance or additional optional life insurance within 60
days after the employee's date of notification of deployment
or designation.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Extension of authority to make lump-sum severance payments
(sec. 1104)
The House bill contained a provision (sec. 1102) that would
extend until the end of fiscal year 2014 the authority of the
Secretary of Defense or the secretaries of the military
departments to pay an employee the total amount of severance
pay in one lump sum.
The Senate bill contained a similar provision (sec. 1107).
The agreement includes the House provision.
Extension of voluntary reduction-in-force authority of
Department of Defense (sec. 1105)
The House bill contained a provision (sec. 1103) that would
extend, from 2010 to 2014, existing authorities under section
3502(f)(5) of title 5, United States Code, to allow an
employee who is not affected by a reduction in force (RIF) to
volunteer to be separated to protect another employee from
being involuntarily separated by RIF procedures.
The Senate bill contained a provision (sec. 1106) that
would make permanent the authority under section 3502(f) of
title 5, United States Code.
The agreement includes the House provision.
Enhancement of authorities relating to additional positions
under the National Security Personnel System (sec. 1106)
The Senate bill contained a provision (sec. 1103) that
would clarify the authority of the Department of Defense
(DOD) to utilize streamlined hiring practices under the
National Security Personnel System (NSPS).
The House bill contained no similar provision.
The agreement includes the Senate provision with a
clarifying amendment.
The National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181) substantially revised the Department's
authority under the NSPS legislation, with the objective of
restoring the collective bargaining rights of DOD employees.
Unfortunately, proposed regulations, issued May 22, 2008, to
implement that legislation would restrict such rights by
unilaterally removing negotiable issues from the scope of
collective bargaining. In particular, the law provided that
while unions would not be able to negotiate over the ``rate
of pay,'' they would be permitted to bargain over
``procedures and appropriate arrangements,'' as defined in
chapter 71 of title 5, United States Code regarding pay.
However, the proposed regulations define ``rate of pay'' so
broadly that it would be impossible to negotiate over any
procedures or appropriate arrangements. We intend to
carefully scrutinize the final regulation when published.
Should it fail to comport with the intent of Congress to
restore the collective bargaining rights of DOD employees,
we shall revisit the issue in the National Defense
Authorization Act for Fiscal Year 2010.
Expedited hiring authority for health care professionals
(sec. 1107)
The House bill contained a provision (sec. 1105) that would
amend section 1599c of title 10, United States Code, to
authorize the Secretary of Defense to designate any category
of medical or health care professional position within the
Department of Defense as a shortage category position, and
would authorize the Secretary to recruit and appoint

[[Page H8956]]

highly qualified individuals directly to those designated
positions. This bill would also extend health care hiring
authorities under this section until September 30, 2012.
The Senate bill contained a similar provision (sec. 1104).
The agreement includes the House provision.
Direct hire authority at personnel demonstration laboratories
for certain candidates (sec. 1108)
The House bill contained a provision (sec. 1109) that would
authorize the Secretary of Defense to make a limited number
of appointments to positions at specified defense
laboratories using expedited hiring procedures.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that clarifies that the authority is intended for
the purposes of hiring a limited number of qualified
candidates with advanced degrees into scientific and
engineering positions in specified defense laboratories.
There are clear difficulties facing defense laboratories in
recruiting and retaining a highly qualified, technical
workforce to support their designated national security
missions. It is expected that this authority, if aggressively
implemented, will assist in addressing these challenges.
Status reports relating to laboratory personnel demonstration
projects (sec. 1109)
The House bill contained a provision (sec. 1110) that would
require status reports on the utilization of personnel
authorities granted to the Department of Defense related to
the laboratory personnel demonstration program.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that clarifies that the report should include
information on any defense laboratories that are seeking to
be newly designated as a demonstration laboratory and the
status of those applications. The amendment also clarifies
that the designation of a ``demonstration laboratory'' is
distinct from the designation of a ``science and technology
reinvention laboratory.''
Technical amendment relating to definition of professional
accounting position for purposes of certification and
credentialing standards (sec. 1110 )
The House bill contained a provision (sec. 1104) that would
amend section 1599d(e) of title 10, United States Code, to
update the definition of a ``professional accounting
position.''
The Senate bill contained a similar provision (sec. 1109).
The agreement includes the Senate provision.
Exceptions and adjustments to limitations on personnel and
reports on such exceptions and adjustments (sec. 1111)
The House bill contained a provision (sec. 1106) that would
authorize the Secretary of Defense to adjust statutory
ceilings on management headquarters personnel.
The Senate bill contained a provision (sec. 903) that would
repeal the ceilings.
The agreement includes the House provision with an
amendment that would establish certain exceptions to the
ceilings and authorize the Secretary of Defense to adjust the
ceilings.

Legislative Provisions Not Adopted

Department of Defense strategic human capital plans
The Senate bill contained a provision (sec. 1101) that
would codify the requirement for the Secretary of Defense to
submit an annual strategic human capital plan and consolidate
the requirements of section 1122 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163),
section 1102 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
and section 851 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181).
The House bill contained no similar provision.
The agreement does not include the provision.
Conditional increase in authorized number of Defense
Intelligence Senior Executive Service personnel
The Senate bill contained a provision (sec. 1102) that
would increase the authorized number of Defense Intelligence
Senior Executive Service personnel, provided that certain
conditions are met.
The House bill contained no similar provision.
The agreement does not include the provision.
Requirement relating to furloughs during the time of a
contingency operation
The House bill contained a provision (sec. 1108) that would
require the Secretary of Defense to certify that he has no
other legal measures available to avoid issuing furlough
notices to civilian employees of the Department of Defense on
the basis of a lack of funds during contingency operations.
The Senate bill contained no similar provision.
The agreement does not include the provision.
We expect that execution of a furlough of civilian
employees during a contingency operation will be a measure of
last resort only, after all other alternative actions are
taken or considered, in order to avoid disruption of civilian
workforce operations.

TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

Subtitle A--Assistance and Training

Extension of authority to build the capacity of the Pakistan
Frontier Corps (sec. 1201)
The House bill contained a provision (sec. 1201) that would
extend through fiscal year 2010 the authority under section
1206 of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181) for the Secretary of Defense,
with the concurrence of the Secretary of State, to provide up
to $75.0 million in assistance to enhance the ability of the
Pakistan Frontier Corps to conduct counterterrorism
operations along the border between Pakistan and Afghanistan.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment to extend this authority through fiscal year 2009
and limit the authorized funding level for such assistance to
$25.0 million. We note that the Department of State intends
to seek Foreign Military Financing funding for the Pakistan
Frontier Corps program in fiscal year 2009 and encourage the
transition of funding for this program from the Department of
Defense to the Department of State.
Availability across fiscal years of funds for military-to-
military contacts and comparable activities (sec. 1202)
The House bill contained a provision (sec. 1202) that would
amend section 168(e) of title 10, United States Code, to
allow funds authorized under that section in a fiscal year to
be used for programs that begin in that fiscal year but end
in the following one, starting with fiscal year 2009.
The Senate bill contained a similar provision (sec. 1211).
The agreement includes the Senate provision.
Availability across fiscal years of funds to pay incremental
expenses for participation of developing counties in
combined exercises (sec. 1203)
The House bill contained a provision (sec. 1203) that would
amend section 2010 of title 10, United States Code, to allow
funds authorized under that section in any fiscal year to be
available for programs that begin in that fiscal year but end
in the following one, beginning in fiscal year 2009.
The Senate bill contained no similar provision.
The agreement includes the House provision with a technical
amendment.
Extension of temporary authority to use acquisition and
cross-servicing agreements to lend military equipment for
personnel protection and survivability (sec. 1204)
The House bill contained a provision (sec. 1204) that would
extend the authority granted by section 1202 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364), as amended by section 1252 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181), through September 30, 2010. This
provision would also add two elements to the existing
reporting requirement regarding types and disposition of
equipment lent to foreign nations but not returned to the
United States.
The Senate bill contained a provision (sec. 1206) that
would extend the section 1202 authority through September 30,
2013.
The agreement includes the House provision with an
amendment to extend the section 1202 authority through
September 30, 2011.
Authority for distribution to certain foreign personnel of
education and training materials and information
technology to enhance military interoperability with the
armed forces (sec. 1205)
The House bill contained a provision (sec. 1205) that would
amend section 1207 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
to extend the authority through fiscal year 2009.
The Senate bill contained a provision (sec. 1202) that
would make permanent the authority provided under section
1207 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364).
The agreement includes the Senate provision with an
amendment that would require that the annual report on the
use of this authority, which is provided to the Committees on
Armed Services of the Senate and the House of
Representatives, also be provided to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives.
Modification and extension of authorities relating to program
to build the capacity of foreign military forces (sec.
1206)
The House bill contained a provision (sec. 1206) that would
extend through fiscal year 2010 the authority provided in
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163). The provision would
also permit the use of funds provided in a fiscal year for
programs to build the capacity of foreign military forces
that began in that fiscal year but continued into the next
fiscal year.
The Senate bill contained a provision (sec. 1204) that
would extend and modify the authority under section 1206 of
the National Defense Authorization Act for Fiscal Year

[[Page H8957]]

2006 (Public Law 109-163). The provision would expand the
types of security forces eligible to be trained and equipped
under this authority and increase the annual limitation on
authorized funding from $300.0 million to $400.0 million. The
provision would also extend the section 1206 authority
through September 30, 2011.
The agreement includes the Senate provision with an
amendment that would expand the types of security forces
eligible to receive assistance under this section to include
maritime security forces for the purpose of building capacity
to conduct counterterrorism operations. The amendment would
also increase the authorized funding level to $350.0 million
per fiscal year. The amendment would allow funds available in
a fiscal year to be used for programs that begin in that
fiscal year but end in the next fiscal year. The amendment
would extend the section 1206 authority through September 30,
2011.
The train and equip authority under section 1206 was
initiated as a pilot program and is generally intended to
address emerging needs for building the capacity of foreign
military forces, particularly those of developing or other
countries that otherwise would be unable to build this
capacity on their own. This authority is not intended to
duplicate or substitute for other foreign assistance
authorities, nor is it intended to sustain train and equip
programs over multiple years. We continue to view this
authority as provisional and intend to continue to carefully
monitor its implementation.
Moreover, as clearly articulated in the conference report
accompanying the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109-364), we continue to
believe strongly that foreign assistance programs are more
appropriately funded through the foreign assistance accounts,
as administered by the Department of State, and expect future
budget requests to include sufficient funding for foreign
military assistance in those accounts.
It is essential that the Department choose projects that
strictly meet the criteria stipulated by the authority--
projects that will contribute directly to building the
capacity of a foreign country's national military forces to
conduct counterterrorist operations or participate in or
support military and stability operations in which the United
States armed forces are participants. When this authority is
used for counterterrorism purposes, nations that face a known
terrorist threat, and that do not have the resources to build
their military capacity without U.S. assistance, should be
given the highest priority.
Extension of authority and increased funding for security and
stabilization assistance (sec. 1207)
The House bill contained a provision (sec. 1207) that would
extend the authority provided under section 1207 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163), as amended by section 1210 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181), through September 30, 2010.
The Senate bill contained a similar provision (sec. 1205)
that would extend the section 1207 authority through
September 30, 2011, and increase the authorized annual
funding level from $100.0 million to $200.0 million.
The agreement includes the Senate provision with an
amendment that would extend the 1207 authority through
September 30, 2009. The amendment provides that up to $50.0
million in assistance under section 1207 may be provided to
the Republic of Georgia, without that assistance counting
against the authorized annual funding limit of $100.0
million. The amendment also clarifies that Section 1207
authority is not to be used to provide budgetary support to a
foreign country.
The Congress established this authority as a temporary
measure to allow the Department of Defense to support
Department of State efforts to address security and
stabilization missions. Budget proposals for the Department
of State should provide adequate resources to accomplish
those missions without relying on this temporary transfer
authority, and we urge the administration to request
sufficient funding for the Department of State in future
budget submissions.
Extension and expansion of authority for support of special
operations to combat terrorism (sec. 1208)
The House bill contained a provision (sec. 1208) that would
make permanent the authority provided in section 1208 of the
Ronald Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375) for the Secretary of Defense
to provide assistance to foreign forces, irregular forces,
groups or individuals supporting or facilitating military
operations by U.S. special operations forces to combat
terrorism. The provision would also increase the amount that
may be expended during any fiscal year from $25.0 million to
$35.0 million.
The Senate bill contained a similar provision (sec. 1203)
that would extend the section 1208 authority through 2011 and
also increase the authorized annual funding level to $35.0
million.
The agreement includes the Senate provision with an
amendment extending this authority through 2013.
Increase in amount available for costs of education and
training of foreign military forces under Regional
Defense Combating Terrorism Fellowship Program (sec.
1209)
The House bill contained a provision (sec. 1209) that would
amend section 2249(c) of title 10, United States Code, to
increase the authorized annual funding level for the Regional
Defense Combating Terrorism Fellowship Program from $25.0
million to $35.0 million.
The Senate bill (sec. 1201) contained a similar provision.
The agreement includes the Senate provision.

Subtitle B--Matters Relating to Iraq and Afghanistan

Limitation on availability of funds for certain purposes
relating to Iraq (sec. 1211)
The House bill contained a provision (sec. 1211) that would
prohibit the use of funds authorized by this Act or any other
act to establish any military bases in Iraq for the permanent
stationing of United States Armed Forces in that country or
to establish U.S. control over Iraqi oil resources.
The Senate bill contained a similar provision (sec. 2913)
applicable to the use of funds authorized by this Act only.
The agreement includes the Senate provision.
Report on status of forces agreements between the United
States and Iraq (sec. 1212)
The House bill contained a provision (sec. 1212) that would
require the President to submit a report to the Committees on
Armed Services of the Senate and the House of
Representatives, the Senate Committee on Foreign Relations,
and the House Committee on Foreign Affairs within 90 days
after the date of enactment of this Act on any status of
forces agreement between the United States and the Republic
of Iraq.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Strategy for United States-led Provincial Reconstruction
Teams in Iraq (sec. 1213)
The House bill contained a provision (sec. 1213) that would
require the President to establish a strategy for U.S.-led
Provincial Reconstruction Teams (PRTs) in Iraq to ensure
those PRTs are supporting the operational and strategic goals
of coalition forces in Iraq.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would clarify that the strategy established by
the President should also ensure that PRTs are developing the
capacity of Iraqi government and other civil institutions to
assume increasing responsibility for the
formulation, implementation, and oversight of
reconstruction and development activities.
Commanders' Emergency Response Program (sec. 1214)
The House bill contained a provision (sec. 1214) that would
amend section 1202 of the National Defense Authorization Act
for Fiscal Year 2006 (Public Law 109-163), as amended by
section 1205 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181), to modify the
authorized level of funding for the activities of the
Commanders' Emergency Response Program (CERP). The provision
would authorize $1.7 billion for the activities of this
program in fiscal year 2008, and $1.5 billion in fiscal year
2009. The provision would also impose a new limitation on the
amounts that could be obligated and expended through the CERP
in the Republic of Iraq during fiscal year 2009 of twice the
amount obligated during calendar year 2008 by the Government
of Iraq through the Government of Iraq CERP (I-CERP).
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would amend section 1202 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163), as amended by section 1205 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181),
to authorize $1.7 billion for the activities of this program
in fiscal year 2008, and $1.5 billion in fiscal year 2009.
The provision would also impose a limitation of $2.0 million
on the amount of U.S. CERP funds that could be contributed to
any individual humanitarian and reconstruction project in
Iraq. The provision would allow the Secretary of Defense to
waive this limitation if he determines that a waiver is
required to meet urgent humanitarian relief and
reconstruction requirements that will immediately assist the
Iraqi people. The provision would also require the Secretary,
or the Deputy Secretary of Defense, to certify that any
project that is funded with U.S. CERP funds at a level of
$1.0 million or more addresses urgent humanitarian relief and
reconstruction requirements that will immediately assist the
Iraqi people. The amendment would also require certain
elements be included in the quarterly CERP reports to the
congressional defense committees. The amendment also includes
a sense of the Congress that the Government of Iraq should
assume increasing responsibility for funding and carrying out
projects currently funded by the United States through CERP,
and should assume all costs associated with the Sons of Iraq
as expeditiously as possible.

[[Page H8958]]

Performance monitoring system for United States-led
Provincial Reconstruction Teams in Afghanistan (sec.
1215)
The House bill contained a provision (sec. 1215) that would
require the President to develop and implement a system for
monitoring the performance of U.S.-led Provincial
Reconstruction Teams (PRTs) in Afghanistan.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would clarify that the PRT-specific work
plans, required as part of the performance monitoring system,
will include plans for developing the capacity of the Afghan
government and other civil institutions to assume increasing
responsibility for the formulation, implementation, and
oversight of reconstruction and development activities.
Report on command and control structure for military forces
operating in Afghanistan (sec. 1216)
The House bill contained a provision (sec. 1216) that would
require the Secretary of Defense to report on the command and
control structure for military forces operating in
Afghanistan.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
report on any efforts to modify the chain of command
structure for military forces in Afghanistan to better
coordinate and de-conflict military operations and achieve
unity of command whenever possible in Afghanistan. We welcome
the decision to dual-hat the position of Commander,
International Security Assistance Force, and Commander, U.S.
Forces Afghanistan.
The report required by this section, or the report required
by section 1230 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181), should identify which
offices in the U.S. and NATO ISAF military headquarters are
responsible for coordinating counternarcotics operations.
That report should also include an assessment of the
coordination between U.S. and NATO ISAF military forces, and
the Government of Afghanistan to coordinate and de-conflict
operations relating to or in support of the counternarcotics
activities of the national and provincial governments of
Afghanistan and of other Departments and agencies of the
United States and other member countries of NATO ISAF.
Reports on enhancing security and stability in the region
along the border of Afghanistan and Pakistan (sec. 1217)
The House bill contained a provision (sec. 1217) that would
add the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
as recipients of the notifications, required under section
1232(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181), relating to Department of
Defense Coalition Support Funds for Pakistan.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Secretary of Defense to
provide copies of the notifications required under section
1232(b) to the Committee on Foreign Relations of the Senate
and Committee on Foreign Affairs of the House. The amendment
further specifies additional information to be provided in
the notification required under section 1232(b) or within 180
days if not submitted as part of the notification.
The amendment to the House provision also requires the
Secretary of Defense to provide semi-annually the report
required by section 1232(a) on enhancing security and
stability in the region along the border of Afghanistan and
Pakistan.
In addition, the amendment to the House provision requires
the Secretary of Defense to provide a report on the efforts
of the Department of Defense to address the findings and
implement the recommendations of the report by the Government
Accountability Office entitled ``Combating Terrorism:
Increased Oversight and Accountability Needed Over Pakistan
Reimbursement Claims for Coalition Support Funds.'' The
report's recommendations include: that the Department of
Defense consistently implement strong guidance concerning
reimbursements to the Pakistan Government; that the
Department of Defense define and formalize the roles and
responsibilities of the Department of Defense's Office of
Defense Representative to Pakistan concerning such
reimbursements; that the Department of Defense clarify
guidance for the Department of Defense Comptroller in
connection with such reimbursements; and that the Department
of Defense work with the Government of Pakistan to develop
procedures to allow the Office of the Defense Representative
to Pakistan or other U.S. representatives to conduct greater
oversight of such reimbursements.
Study and report on Police Transition Teams to train, assist,
and advise units of the Iraqi Police Service (sec. 1218)
The House bill contained a provision (sec. 1218) that would
require the Secretary of Defense to submit a report within 60
days after the date of enactment of this Act regarding the
staffing and funding of Police Training Teams in Iraq.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.

Subtitle C--Other Matters

Payment of personnel expenses for multilateral cooperation
programs (sec. 1231)
The House bill contained a provision (sec. 1231) that would
amend section 1051(a) of title 10, United States Code, to
authorize payment by the Secretary of Defense of the travel,
subsistence, and personal expenses of defense personnel of
developing countries in connection with the attendance of
such personnel at multilateral conferences, seminars, or
similar meetings when in the national security interests of
the United States.
The Senate bill contained a similar provision (sec. 1213).
The agreement includes the Senate provision with a
technical amendment.
Participation of the Department of Defense in multinational
military centers of excellence (sec. 1232)
The House bill contained a provision (sec. 1232) that would
extend through fiscal year 2009 the authority granted by
section 1205 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364),
as amended by section 1204 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181),
for Department of Defense personnel to participate in North
Atlantic Treaty Organization multinational military centers
of excellence.
The Senate bill contained a provision (sec. 1214) that
would make permanent the authority granted by section 1205 of
the John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109-364).
The agreement includes the Senate provision with a
clarifying amendment.
Review of security risks of participation by defense
contractors in certain space activities of the People's
Republic of China (sec. 1233)
The House bill contained a provision (sec. 1233) that would
prohibit the Secretary of Defense from obligating or
expending any fiscal year 2009 or other fiscal year funds
available to the Department of Defense (DOD) for classified
work under contracts with a company if that company or
affiliate is engaged with the People's Republic of China
in the development of ``ITAR-free'' satellites. The
restriction could be waived following a certification by
the Secretary of Defense in consultation with the
Secretary of State. The requirement to implement the
restriction would not take effect until 60 days after
enactment or if the Secretary of Defense submits a report
to the congressional defense committees with a
determination that implementation of the requirement does
not promote the national interest.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would direct the Secretary of Defense to
conduct a review to determine whether there are any security
risks associated with the participation by covered
contractors in certain space activities of the People's
Republic of China. The provision would direct the Secretary
of Defense to submit a report to the congressional defense
committees setting forth the conclusions of the review by
March 1, 2009.
One of the elements of the review to be conducted is
whether there have been any incidents with respect to which a
determination has been made that an improper disclosure of
covered information occurred during the 5 year period
preceding the date of enactment. We would urge, in the event
that the Secretary determines that such an event has occurred
after the date of enactment and before the due date of the
report, that any such incident should be included to the
extent practicable.
Given the nature of the subject matter in the report we
expect it to be classified, but to the extent practicable an
unclassified summary should be submitted.
Report on Iran's capability to produce nuclear weapons (sec.
1234)
The House bill contained a provision (sec. 1234) that would
direct the Director of National Intelligence (DNI) to submit
to Congress, 180 days after the enactment of this Act and
annually thereafter, an update of the National Intelligence
Estimate entitled ``Iran: Nuclear Intentions and
Capabilities'' dated November 2007. The issues to be
addressed in the report include, the status of Iran's uranium
enrichment program; an estimate of the amount of weapons
grade material held by Iran; a description of weaponization
and delivery system activities; and an assessment made by US
allies of Iran's nuclear weapons capabilities.
The provision would direct the DNI to notify Congress
within 15 days if there were significant changes in the
Iranian program.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would direct the DNI to submit an annual
report on Iran's capacity to produce nuclear weapons. The
first report is due not later than 180 days after the date of
enactment of this Act. The report may be submitted in
classified form. The amendment would also modify the issues
to address the uranium enrichment program and to address
plutonium production capabilities. In addition, the President
would be required to notify Congress if Iran resumes its
nuclear weapons program.
The report required by this provision shall be prepared
following standard procedures

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used to produce reports by the national intelligence
community and should include dissenting opinions from other
intelligence community elements.
Employment for resettled Iraqis (sec. 1235)
The House bill contained a provision (sec. 1235) that would
create a joint Department of Defense/Department of State
program for the purpose of hiring Iraqis, who supported the
United States' efforts in Iraq and have resettled in the
U.S., as interpreters, translators, and cultural awareness
instructors for agencies of the Federal Government.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Extension and modification of updates on report on claims
relating to the bombing of the Labelle Discotheque (sec.
1236)
The Senate bill contained a provision (sec. 1231) that
would extend and modify a reporting requirement on the status
of negotiations between the Government of Libya and United
States claimants in connection with the bombing of the
Labelle Discotheque in Berlin, Germany, that occurred in
April 1986. The reporting requirement is an extension of
section 1225 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) and section 1261 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181).
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would require the next report to be submitted
not later than 90 days following the enactment of this Act,
and that subsequent reports be submitted every 180 days
thereafter. The amendment would further terminate the
reporting requirement upon submission by the Secretary of
State to Congress of the certification described in the
Libya Claims Resolution Act (Public Law 110-301).
We note the recent enactment of the Libya Claims Resolution
Act and are hopeful the cases of the American victims of
Libyan-sponsored acts of terrorism can be resolved in short
order. We will continue to monitor the implementation of the
Libya Claims Resolution Act.
Report on utilization of certain global partnership
authorities (sec. 1237)
The Senate bill contained a provision (sec. 1232) that
would require the Secretary of Defense, in consultation with
the Secretary of State, to submit a report not later than
December 31, 2010, on the implementation of certain Building
Global Partnership authorities.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Modification and repeal of requirement to submit certain
annual reports to Congress regarding allied contributions
to the common defense (sec. 1238)
The Senate bill contained a provision (sec. 1051) that
would repeal certain requirements for the Secretary of
Defense to report annually on allied contributions to the
common defense and on costsharing by North Atlantic Treaty
Organization (NATO) allies.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would repeal the reporting requirement
regarding NATO cost sharing and modify the other reports to
require the Secretary of Defense to provide information on
allied annual defense spending and contributions to military
and stability operations in which United States Armed Forces
participate.

Legislative Provisions Not Adopted

Declaration of policy relating to status of forces agreements
between the United States and Iraq
The House bill contained a provision (sec. 1219) that would
declare that it is U.S. policy to ensure that any agreement
between the United States and Iraq on the status of U.S.
forces requires burdensharing by the Government of Iraq in
support of U.S. Armed Forces stationed in Iraq.
The Senate bill contained no similar provision.
The agreement does not include the House provision. We note
that the agreement includes a provision (sec. 1508) calling
for the United States to initiate negotiations with Iraq on a
cost-sharing agreement relating to the costs of combined
operations of Iraqi Security Forces and Multi-National Force-
Iraq.
Limitation on certain status of forces agreements between the
United States and Iraq
The House bill contained a provision (sec. 1220) that would
prohibit any agreement between the United States and Iraq
that obligates the United States to respond to internal or
external threats against Iraq from being in force with
respect to the United States unless the agreement is approved
by Congress, either in the form of a treaty or by an Act of
Congress enacted after the date of this Act.
The Senate bill contained no similar provision.
The agreement does not include the House provision. It is
well established that any agreement that obligates the United
States to come to the defense of another country against
internal or external threats must be approved by Congress.
There is no need to restate the current state of existing law
in this Act.
Report on long-term costs of Operation Iraqi Freedom and
Operation Enduring Freedom
The House bill contained a provision (sec. 1221) that would
require the President to submit to Congress a report
estimating the long-term direct and indirect costs of
Operations Iraqi Freedom and Enduring Freedom under three
different scenarios.
The Senate bill contained no similar provision.
The agreement does not include the provision.
Waiver of certain sanctions against North Korea
The Senate bill contained a provision (sec. 1221) that
would provide the President with limited authority to waive,
with respect to North Korea, the application of sanctions
under section 102(b) of the Arms Export Control Act (22
U.S.C. 2799aa-1(b)). The President would be required to
notify Congress 15 days in advance of exercising such waiver
authority. In addition, the provision would require the
President to submit an annual report to Congress listing all
the waivers granted during the preceding year and describe in
detail the progress being made by North Korea in implementing
the commitments included in the Joint Statement of
September 19, 2005, to abandon all nuclear weapons,
existing nuclear programs, and all other programs
associated with the elimination of the ability of North
Korea to develop, deploy, transfer, or maintain weapons of
mass destruction or their delivery systems.
The House bill contained no similar provision.
The agreement does not include the provision. A similar
provision was included in the Supplemental Appropriations Act
for Fiscal Year 2008 (Public Law 110-252).

TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION

Specification of Cooperative Threat Reduction programs and
funds (sec. 1301)
The House bill contained a provision (sec. 1301) that would
define the Cooperative Threat Reduction (CTR) programs,
define the funds authorized to be appropriated in section 301
of the bill, and authorize CTR funds to be available for
obligation for 3 years.
The Senate bill contained a similar provision (sec. 1301)
The agreement includes the House provision with a technical
amendment.
Funding allocations (sec. 1302)
The House bill contained a provision (sec. 1302) that would
authorize $445.1 million for the Cooperative Threat Reduction
(CTR) program.
The Senate bill contained a similar provision that would
authorize $434.1 million (sec. 1302).
The agreement includes the House provision with an
amendment that would authorize $434.1 million for the CTR
program, an increase of $20.0 million above the budget
request. In addition, the agreement would reduce the
notification period for obligations and expenditures to 15
days from 30 days. The Agreement would also authorize a
specific amount for each of the CTR program elements. The
agreement authorizes an increase of $10.0 million for new
initiatives including activities in states outside of the
former Soviet Union, $1.0 million for additional expenses
associated with the Russian chemical weapons destruction
activities, and an increase of $9.0 million for weapons of
mass destruction proliferation prevention in the former
Soviet Union.

TITLE XIV--OTHER AUTHORIZATIONS

Subtitle A--Military Programs

Working capital funds (sec. 1401)
The House bill contained a provision (sec. 1401) that would
authorize appropriations for the working capital funds of the
Department of Defense, including the Defense Commissary
Agency.
The Senate bill contained an identical provision (sec.
1401).
The agreement includes this provision.
National Defense Sealift Fund (sec. 1402)
The House bill contained a provision (sec. 1402) that would
authorize appropriations for the National Defense Sealift
Fund.
The Senate bill contained a similar provision (sec. 1402).
The agreement includes this provision.
Defense Health Program (sec. 1403)
The House bill contained a provision (sec. 1403) that would
authorize fiscal year 2009 funds for the Defense Health
Program and other programs.
The Senate bill contained a similar provision (sec. 1403).
The agreement includes this provision.
Chemical agents and munitions destruction, Defense (sec.
1404)
The House bill contained a provision (sec. 1404) that would
authorize appropriations for chemical agents and munitions
destruction.
The Senate bill contained an identical provision (sec.
1404).
The agreement includes this provision.
Drug Interdiction and Counterdrug Activities, Defense-wide
(sec. 1405)
The House bill contained a provision (sec. 1405) that would
authorize fiscal year 2009 funds for drug interdiction and
counterdrug activities and other programs.
The Senate bill contained a similar provision authorizing
appropriations for drug interdiction and counterdrug
activities (sec. 1405).
The agreement includes the provision.

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Defense Inspector General (sec. 1406)
The House bill contained a provision (sec. 1406) that would
authorize appropriations for the Inspector General of the
Department of Defense.
The Senate bill contained an identical provision (sec.
1406).
The agreement includes this provision.
National Defense Sealift Fund amendments (sec. 1407)
The House bill contained a provision (sec. 1014) that would
change the definition of what vessels would be funded within
the National Defense Sealift Fund (NDSF) account, and would
strike subsection (J) of section 2218 of title 10, United
States Code, which allows the Secretary of Defense to
transfer resources within the NDSF if he determines that the
action serves the national defense interest.
The Senate bill contained a similar provision (sec. 1432)
that would change the definition of what vessels would be
funded in the NDSF.
The agreement includes the House provision.

Subtitle B--National Defense Stockpile

Authorized uses of National Defense Stockpile funds (sec.
1411)
The House bill contained a provision (sec. 1411) that would
authorize $41.2 million from the National Defense Stockpile
Transaction Fund for the operation and maintenance of the
National Defense Stockpile for fiscal year 2009. This section
would also permit the use of additional funds for
extraordinary or emergency conditions 45 days after Congress
receives notification.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Revisions to previously authorized disposals from the
National Defense Stockpile (sec. 1412)
The House bill contained a provision (sec. 1412) that would
authorize revisions on limitations in National Defense
Stockpile (NDS) by amending section 3303(a) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261), as amended most recently by
section 1412(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) to increase the
Department's disposal authority from $1.1 billion to $1.5
billion.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would increase the Department's disposal
authority from $1.1 billion to $1.4 billion.
We note that in June 2008 the Deputy Under Secretary of
Defense for Logistics and Materiel Readiness determined the
need to suspend, or limit, the authorized sales of selected
materials in the NDS inventory pending a review of critical
and strategic materials. This provision is not intended to
supersede this determination, but to provide additional
authority if the Department's review of materials justifies
continued sales.

Subtitle C--Armed Forces Retirement Home

Authorization of appropriations for Armed Forces Retirement
Home (sec. 1421)
The House bill contained a provision (sec. 1421) that would
authorize $63.0 million to be appropriated for fiscal year
2009 from the Armed Forces Retirement Home Trust Fund for the
operation of the Armed Forces Retirement Home.
The Senate bill contained a similar provision (sec. 1421).
The agreement includes the Senate provision.

TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM

Legislative Provisions Adopted

Authorization of additional appropriations for operations in
Afghanistan and Iraq for fiscal year 2009 (sec. 1501)
The House bill contained a series of provisions (sections
1501-1507 and 1509-1515) that would authorize $70.0 billion
in fiscal year 2009 appropriations for military operations in
Afghanistan and Iraq.
The Senate bill contained a series of provisions (sections
1501-1512) that would authorize $19.9 billion in fiscal year
2009 funding for military operations in Afghanistan.
The Senate bill also contained a series of provisions
(sections 1601-1613) that would authorize $49.6 billion in
fiscal year 2009 funding for military operations in Iraq.
The agreement includes a provision that would authorize
$66.0 billion in fiscal year 2009 appropriations for
operations in Iraq and Afghanistan in accordance with the
funding provided in Chapter 2 of title IX of the Supplemental
Appropriations Act, 2008 (Public Law 110-252).
The agreement would also authorize $2.1 billion for an
additional six C-17 aircraft.
Requirement for separate display of budgets for Afghanistan
and Iraq (sec. 1502)
The House bill contained a provision (sec. 1002) that would
require the Secretary of Defense, for any annual or
supplemental budget request of the Department of Defense, to
clearly and separately set forth any funding requested for
any U.S. operations in Afghanistan.
The House bill also contained a provision (sec. 1003) that
would require a similar separate budget display for
operations in Iraq.
The Senate bill contained a similar provision (sec. 1516)
that would require a separate budget display for funding of
operations in Afghanistan.
The agreement combines the House and Senate provisions into
a single provision that would require separate budget
displays for operations in Afghanistan and operations in
Iraq.
Joint improvised explosive device defeat fund (sec. 1503)
The House bill contained a provision (sec. 1507) that would
authorize funding for the Joint Improvised Explosive Device
Defeat Fund (JIEDDF). This section would require that of the
funds appropriated to the Joint Improvised Explosive Device
Defeat Fund, $50.0 million shall be made available for the
rapid fielding of additional Aerial Reconnaissance Multi-
Sensor platforms for tactical operations in Operation Iraqi
Freedom and Operation Enduring Freedom.
The Senate bill contained two similar provisions (sec. 1505
and sec. 1605) both of which would authorize funding for the
Joint Improvised Explosive Device Defeat Fund.
The agreement includes a provision authorizing funding for
the Joint Improvised Explosive Device Defeat Fund.
We urge the Joint Improvised Explosive Device Defeat
Organization (JIEDDO) to direct $5.0 million each to ongoing
Marine Corps and Army efforts to develop specialized
improvised explosive device (IED) dog teams. The Marine Corps
program has already deployed IED dog teams embedded with
combat forces successfully to Iraq and intends to expand the
program. JIEDDO has been funding the development of
specialized IED dog team capabilities in the Army ($2.75
million in fiscal years 2008 and 2009), and the Army is now
fielding its first embedded IED dog team with a Brigade
Combat team (BCT). However, the Marine Corps needs additional
funds to sustain its research and development program, and
the Army will be able to field this counter-IED capability to
only one BCT in fiscal year 2009 unless JIEDDO provides
additional funds or the Army re-prioritizes its military
working dog budget. We direct the director of JIEDDO, the
Deputy Chief of Staff of the Army for Intelligence, and the
Army Provost Marshal General review this situation and notify
the Armed Services Committees of the Senate and the House of
Representatives of their decision within 30 days of the
enactment of this Act.
Further, we also urge JIEDDO to continue funding at a level
of not less than $65.0 million the ongoing efforts of the
Irregular Warfare Support office under the Assistant
Secretary of Defense for Special Operations/Low Intensity
Conflict.
Science & technology investment strategy to defeat or counter
improvised explosive devices (sec. 1504)
The House bill contained a provision (sec. 1508) that would
limit the amount of funds that the Joint Improvised Explosive
Devise Defeat Organization (JIEDDO) may obligate for science
and technology (S&T) efforts until it delivers to Congress a
report describing its S&T strategy.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would require the Director of JIEDDO, jointly
with the Director for Defense Research and Engineering, to
develop and deliver to the congressional defense committees
an annual report outlining the Department of Defense's (DOD)
investment strategy for S&T to defeat and counter improvised
explosive devices (IEDs).
According to DOD Directive 2000.19E, JIEDDO's mission is to
``focus (lead, advocate, coordinate) all DOD actions in
support of the Combatant Commanders' and their respective
Joint Task Forces' efforts to defeat Improvised Explosive
Devices as weapons of strategic influence.'' Even more
specifically, it requires the Director of JIEDDO to
``integrate all IED Defeat solutions throughout the
Department of Defense, seeking Interagency assistance, as
necessary, and identifying innovative near-term solutions.''
While JIEDDO has actively invested in S&T efforts to support
its mission, it has neglected its responsibility to lead,
advocate and coordinate the Department's total S&T
investment in this area. If JIEDDO does not serve in this
coordination role, then the likelihood for duplicative and
redundant investment with Service and Defense Agencies
investments increases dramatically.
Limitation on Iraq Security Forces Fund (sec. 1505)
The House bill contained a provision (sec. 1512) that would
authorize fiscal year 2009 appropriations for the Iraq
Security Forces Fund (ISFF).
The Senate bill contained a similar provision (sec. 1613).
The agreement includes a provision that would subject funds
authorized in this title for the ISFF to the terms and
conditions of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181). The funding
authorization for this program is contained in section 1501
of this Act. Additional restrictions on the use of the ISFF
for infrastructure projects are contained elsewhere in this
Act.
Limitations on Afghanistan Security Forces Fund (sec. 1506)
The House bill contained a provision (sec. 1513) that would
authorize fiscal year 2009 appropriations for the Afghanistan
Security Forces Fund (ASFF).

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The Senate bill contained a similar provision (sec. 1512).
The agreement includes a provision that would subject funds
authorized in this title for the ASFF to the terms and
conditions of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181). The funding
authorization for the ASFF is contained in section 1501 of
this Act.
Special transfer authority (sec. 1507)
The House bill contained a provision (sec. 1516) that would
authorize the transfer of up to $4.0 billion of war-related
funding authorizations in this title among the accounts in
this title.
The Senate bill contained a similar provision (sec. 1514)
that would authorize transfers of up to $3.0 billion.
The agreement includes the House provision.
This special transfer authority is in addition to the
general transfer authority contained in section 1001 of this
Act, but the same reprogramming procedures applicable to
transfers under section 1001 would also apply to transfers
under this section.
Prohibition on use of United States funds for certain
facilities projects in Iraq and contributions by Iraq to
combined operations and other activities in Iraq (sec.
1508)
The House bill contained a provision (sec. 1512) that would
prohibit the use of certain funds for the acquisition,
conversion, rehabilitation, or installation of facilities for
the Iraqi Security Forces.
The Senate bill contained a provision (sec. 1616) that
would prohibit the use of funds authorized by this Act to pay
for any large-scale infrastructure project commenced after
the date of enactment of this Act. The provision would also
require the United States Government to begin negotiating an
agreement with the Government of Iraq to share the costs of
combined operations between the Government of Iraq and Multi-
National Force Iraq. The provision would further require that
the United States Government act to ensure that Iraqi funds
are used to pay the costs of training, equipping, and
sustaining the Iraqi Security Forces and the costs associated
with the Sons of Iraq.
The agreement includes a provision that would prohibit the
use of certain funds for the acquisition, conversion,
rehabilitation, or installation of facilities for the use of
the Government of Iraq, political subdivisions of Iraq, or
agencies, departments or forces of the Government of Iraq or
its subdivisions. The provision would also require the United
States Government to begin negotiating an agreement with the
Government of Iraq to share the costs of combined operations
between the Government of Iraq and Multi-National Force-Iraq.
The provision would further require that the United States
Government act to ensure that Iraqi funds are used to pay the
costs of training, equipping, and sustaining the Iraqi
Security Forces.

Legislative Provisions Not Adopted

Limitation on use of funds
The Senate bill contained a provision (sec. 1515) that
would require the Secretary of Defense to provide a report to
Congress on the allocation of funding for operations in
Afghanistan at the line-item level 15 days prior to the
obligation of such funds.
The House bill contained no similar provision.
The agreement does not include this provision.
Treatment as additional authorizations
The House bill contained a provision (sec. 1517) that would
provide that the authorizations in this title are in addition
to any other authorizations in this Act.
The Senate bill contained identical provisions relating to
funding for military operations in Afghanistan (sec. 1513)
and Iraq (sec. 1614).
The agreement does not include this provision.
Limitation on use of funds
The Senate bill contained a provision (sec. 1615) that
would require the Secretary of Defense to provide a report to
Congress on the allocation of funding for operations in Iraq
at the line-item level 15 days prior to the obligation of
such funds.
The House bill contained no similar provision.
The agreement does not include this provision.

TITLE XVI--RECONSTRUCTION AND STABILIZATION CIVILIAN MANAGEMENT

Legislative Provisions Adopted

Short title (sec. 1601)
The House bill contained a provision (sec. 1601) that would
provide that the title may be referred to as the
``Reconstruction and Stabilization Civilian Management Act of
2008.''
The Senate bill contained no similar provision.
The agreement includes the House provision.
Findings (sec. 1602)
The House bill contained a provision (sec. 1602) that would
contain congressional findings regarding efforts to improve
U.S. capacity to prepare, plan for, and conduct stabilization
and reconstruction operations.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Definitions (sec. 1603)
The House bill contained a provision (sec. 1603) that would
provide definitions for use in the Act.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Authority to provide assistance for reconstruction and
stabilization crises (sec. 1604)
The House bill contained a provision (sec. 1604) that would
amend chapter 1 of part III of the Foreign Assistance Act of
1961 (Public Law 87-195) to provide authority for the
President to furnish stabilization or reconstruction
assistance to a country or region that is at risk of, in, or
is in transition from, conflict or civil strife if the
President determines it is in the national security interests
of the United States for U.S. civilian agencies or non-
federal employees to do so. The provision also provided that
funds available for stabilization and reconstruction
assistance under this section would be funds made available
under any other provision of law and under other provisions
of the Foreign Assistance Act and transferred or reprogrammed
for the purposes of this section, subject to the procedures
applicable to a notification under section 634A of the
Foreign Assistance Act.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would allow funds available for stabilization
and reconstruction assistance under this section to be
limited to funds made available under other provisions of the
Foreign Assistance Act and transferred or reprogrammed for
the purposes of this section, subject to the procedures
applicable to a notification under section 634A of the
Foreign Assistance Act.
Reconstruction and stabilization (sec. 1605)
The House bill contained a provision (sec. 1605) that would
amend the State Department Basic Authorities Act of 1956
(Public Law 84-85) to add a new section establishing within
the Department of State the Office of the Coordinator for
Reconstruction and Stabilization, and authorize the Secretary
of State, in consultation with the Administrator of the U.S.
Agency for International Development and the heads of other
appropriate U.S. Government agencies, to establish and
maintain a Response Readiness Corps to provide assistance in
support of reconstruction and stabilization operations.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Authorities related to personnel (sec. 1606)
The House bill contained a provision (sec. 1606) that would
authorize the Secretary of State, or the head of any U.S.
agency with respect to personnel of that agency, to extend
certain death gratuity, training, and travel expense benefits
or privileges, that are provided to members of the Foreign
Service under the Foreign Service Act of 1980 (Public Law 96-
465), to any individual assigned, detailed, or deployed to
carry out reconstruction and stabilization activities under
the Reconstruction and Stabilization Civilian Management Act
of 2008.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Reconstruction and Stabilization Strategy (sec. 1607)
The House bill contained a provision (sec. 1607) that would
require the Secretary of State, in consultation with the
Administrator of the U.S. Agency for International
Development, to develop an interagency strategy for
responding to stabilization and reconstruction operations.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Annual reports to Congress (sec. 1608)
The House bill contained a provision (sec. 1608) that would
require the Secretary of State to report annually to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
on the implementation of the Reconstruction and Stabilization
Civilian Management Act of 2008.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Division B--Military Construction Authorizations

Legislative Provisions Adopted

Short title (sec. 2001)
The House bill contained a provision (sec. 2001) that would
designate division B of this Act as the Military Construction
Authorization Act for Fiscal Year 2009.
The Senate bill contained an identical provision (sec.
2001).

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The agreement includes this provision.
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)
The House bill contained a provision (sec. 2002) that would
establish the expiration date for authorizations in this Act
for military construction projects, land acquisition, family
housing projects, and contributions to the North Atlantic
Treaty Organization infrastructure program, as October 1,
2011, or the date of enactment of an act authorizing funds
for military construction for fiscal year 2012, whichever is
later.
The Senate bill contained an identical provision (sec.
2002).
The agreement includes this provision.
Effective date (sec. 2003)
The Senate bill contained a provision that would provide
that titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, and
XXIX of this Act take effect on October 1, 2008, or the date
of enactment of this Act, whichever is later.
The House bill contained no similar provision.
The agreement includes the Senate provision.

TITLE XXI--ARMY

Legislative Provisions Adopted

Authorized Army construction and land acquisition projects
(sec. 2101)
The House bill contained a provision (sec. 2101) that would
authorize military construction projects for the active
component of the Army for fiscal year 2009.
The Senate bill contained a similar provision (sec. 2101).
The agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table included in the joint explanatory
statement provides the binding list of specific construction
projects authorized at each location.
Family housing (sec. 2102)
The House bill contained a provision (sec. 2102) that would
authorize new construction and planning and design of family
housing units for the Army for fiscal year 2009. It would
also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate bill contained an identical provision (sec.
2102).
The agreement includes this provision.
Improvements to military family housing units (sec. 2103)
The House bill contained a provision (sec. 2103) that would
authorize funding for fiscal year 2009 to improve existing
Army family housing units.
The Senate bill contained an identical provision (sec.
2103).
The agreement includes this provision.
Authorization of appropriations, Army (sec. 2104)
The House bill contained a provision (sec. 2104) that would
authorize appropriations for the active component military
construction and family housing projects of the Army for
fiscal year 2009. This provision would also provide an
overall limit on the cost of the fiscal year 2009 military
construction and family housing projects authorized for the
active-duty component of the Army.
The Senate bill contained a similar provision (sec. 2104).
The agreement includes this provision.
Modification of authority to carry out certain fiscal year
2008 projects (sec. 2105)
The House bill contained a provision (sec. 2105) that would
cancel the authorization for several fiscal year 2008
military construction projects.
The Senate bill contained no similar provision.
The agreement includes this provision.
Modification of authority to carry out certain fiscal year
2007 projects (sec. 2106)
The House bill contained a provision (sec. 2106) that would
modify the authorization for several fiscal year 2007
military construction projects.
The Senate bill contained no similar provision.
The agreement includes this provision.
Extension of authorizations of certain fiscal year 2006
projects (sec. 2107)
The House bill contained a provision (sec. 2107) that would
extend the authorization for certain Army fiscal year 2006
military construction projects until October 1, 2009, or the
date of enactment of an act authorizing funds for military
construction for fiscal year 2010, whichever is later.
The Senate bill contained a similar provision (sec. 2105).
The agreement includes the House provision.
Extension of authorizations of certain fiscal year 2005
project (sec. 2108)
The House bill contained a provision (sec. 2108) that would
extend the authorization for an Army fiscal year 2005
military construction project at Schofield Barracks, Hawaii,
until October 1, 2009, or the date of enactment of an act
authorizing funds for military construction for fiscal year
2010, whichever is later.
The Senate bill contained a similar provision (sec. 2106).
The agreement includes the House provision.

TITLE XXII--NAVY

Legislative Provisions Adopted

Authorized Navy construction and land acquisition projects
(sec. 2201)
The House bill contained a provision (sec. 2201) that would
authorize military construction projects for the active
component of the Navy and Marine Corps for fiscal year 2009.
The Senate bill contained a similar provision (sec. 2201).
The agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table included in the joint explanatory
statement provides the binding list of specific construction
projects authorized at each location.
Family housing (sec. 2202)
The House bill contained a provision (sec. 2202) that would
authorize new construction and planning and design of family
housing units for the Navy for fiscal year 2009. It would
also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate bill contained a similar provision (sec. 2202).
The agreement includes the Senate provision.
Improvements to military family housing units (sec. 2203)
The House bill contained a provision (sec. 2203) that would
authorize funding for fiscal year 2009 to improve existing
Navy and Marine Corps family housing units.
The Senate bill contained an identical provision (sec.
2203).
The agreement includes this provision.
Authorization of appropriations, Navy (sec. 2204)
The House bill contained a provision (sec. 2204) that would
authorize appropriations for the active component military
construction and family housing projects of the Department of
the Navy for fiscal year 2009. This provision would also
provide an overall limit on the cost of the fiscal year 2009
military construction and family housing projects authorized
for the active-duty component of the Navy and Marine Corps.
The Senate bill contained a similar provision (sec. 2204).
The agreement includes this provision.
Modification of authority to carry out certain fiscal year
2005 project (sec. 2205)
The House bill contained a provision (sec. 2205) that would
increase the authorization for a Strategic Weapons Facility
Pacific project at Bangor, Washington.
The Senate bill contained an identical provision (sec.
2205).
The agreement includes this provision.
Modification of authority to carry out certain fiscal year
2007 projects (sec. 2206)
The House bill contained a provision (sec. 2206) that would
increase the authorization for projects at the Naval Support
Activity, Suitland, Maryland, and at Naval Air Station,
Whidbey Island, Washington.
The Senate bill contained an identical provision (sec.
2206).
The agreement includes this provision.

Legislative Provision Not Adopted

Report on impacts of surface ship homeporting alternatives
The House bill contained a provision (sec. 2207) that would
prohibit the Secretary of the Navy from issuing a record of
decision for the proposed homeporting of additional ships at
Naval Station Mayport until at least 30 days after the date
on which the Secretary submits a report on the socio-economic
impact and economic justification of the preferred
alternatives identified in the final environmental impact
statement.
The Senate bill contained no similar provision.
The agreement does not include the House provision.

TITLE XXIII--AIR FORCE

Legislative Provisions Adopted

Authorized Air Force construction and land acquisition
projects (sec. 2301)
The House bill contained a provision (sec. 2301) that would
authorize Air Force military construction projects for fiscal
year 2009.
The Senate bill contained a similar provision (sec. 2301).
The agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table included in the joint explanatory
statement provides the binding list of specific construction
projects authorized at each location.
Family housing (sec. 2302)
The House bill contained a provision (sec. 2302) that would
authorize new construction and planning and design of family
housing units for the Air Force for fiscal year 2009. It
would also authorize funds for facilities that support family
housing, including housing management offices and housing
maintenance and storage facilities.
The Senate bill contained an identical provision (sec.
2302).
The agreement includes this provision.
Improvements to military family housing units (sec. 2303)
The House bill contained a provision (sec. 2303) that would
authorize funding for fiscal year 2009 to improve existing
Air Force family housing units.
The Senate bill contained an identical provision (sec.
2303).

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The agreement includes this provision.
Authorization of appropriations, Air Force (sec. 2304)
The House bill contained a provision (sec. 2304) that would
authorize appropriations for the active component military
construction and family housing projects of the Air Force for
fiscal year 2009. This provision would also provide an
overall limit on the cost of the fiscal year 2009 military
construction and family housing projects authorized for the
active-duty component of the Air Force.
The Senate bill contained a similar provision (sec. 2304).
The agreement includes this provision.
Extension of authorizations of certain fiscal year 2006
projects (sec. 2305)
The House bill contained a provision (sec. 2305) that would
extend the authorizations for certain Air Force fiscal year
2006 military construction projects until October 1, 2009, or
the date of enactment of an act authorizing funds for
military construction for fiscal year 2010, whichever is
later.
The Senate bill contained an identical provision (sec.
2305).
The agreement includes this provision.
Extension of authorizations of certain fiscal year 2005
projects (sec. 2306)
The House bill contained a provision (sec. 2306) that would
extend the authorizations for certain Air Force fiscal year
2005 military construction projects until October 1, 2009, or
the date of enactment of an act authorizing funds for
military construction for fiscal year 2010, whichever is
later.
The Senate bill contained a similar provision (sec. 2306).
The agreement includes the Senate provision.

TITLE XXIV--DEFENSE AGENCIES

Subtitle A--Defense Agency Authorizations

Authorized defense agencies construction and land acquisition
projects (sec. 2401)
The House bill contained a provision (sec. 2401) that would
authorize military construction projects for the defense
agencies for fiscal year 2009.
The Senate bill contained a similar provision (sec. 2401).
The agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table included in the joint explanatory
statement provides the binding list of specific construction
projects authorized at each location.
Energy conservation projects (sec. 2402)
The House bill contained a provision (sec. 2402) that would
authorize the Secretary of Defense to carry out energy
conservation projects.
The Senate bill contained a similar provision (sec. 2402).
The agreement includes the Senate provision.
Authorization of appropriations, defense agencies (sec. 2403)
The House bill contained a provision (sec. 2403) that would
authorize appropriations for the military construction
projects of the defense agencies for fiscal year 2009. This
provision would also provide an overall limit on the cost of
the fiscal year 2009 military construction projects
authorized for the defense agencies.
The Senate bill contained a similar provision (sec. 2403).
The agreement includes this provision.
Modification of authority to carry out certain fiscal year
2007 projects (sec. 2404)
The House bill contained a provision (sec. 2404) that would
amend section 2401 of the Military Construction Authorization
Act for Fiscal Year 2007 (division B of Public Law 109-364)
to increase the construction authorization for a project at
Fort Detrick, Maryland by $133.0 million.
The Senate bill contained a similar provision (sec. 2404)
The agreement includes the House provision.
Modification of authority to carry out certain fiscal year
2005 projects (sec. 2405)
The House bill contained a provision (sec. 2405) that would
terminate the military construction authorization provided in
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375) for a project at the
Defense Fuel Supply Point at Naval Air Station Oceana,
Virginia.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Extension of authorization of certain fiscal year 2006
project (sec. 2406)
The House bill contained a provision (sec. 2406) that would
extend the authorization for a fiscal year 2006 military
construction project for the Defense Logistics Agency until
October 1, 2009, or the date of enactment of an act
authorizing funds for military construction for fiscal year
2010, whichever is later.
The Senate bill contained an identical provision (sec.
2405).
The agreement includes this provision.

Subtitle B--Chemical Demilitarization Authorizations

Authorized chemical demilitarization program construction and
land acquisition projects (sec. 2411)
The House bill contained a provision (sec. 2411) that would
authorize military construction projects for the chemical
demilitarization program for fiscal year 2009.
The Senate bill contained an identical provision (sec.
2411).
The agreement includes this provision.
The authorized amounts are listed on an installation-by-
installation basis in this provision.
Authorization of appropriations, chemical demilitarization
construction, defense-wide (sec. 2412)
The House bill contained a provision (sec. 2412) that would
authorize specific appropriations for each line item
contained in the budget request for fiscal year 2009 for the
chemical demilitarization construction. This section would
also provide overall limit on the amount the chemical
demilitarization office may spend on military construction
projects.
The Senate bill contained a similar provision (sec. 2412).
The agreement includes the Senate provision with an
amendment making a technical correction.
Modification of authority to carry out certain fiscal year
1997 project (sec. 2413)
The House bill contained a provision (sec. 2413) that would
modify the authorization for a chemical demilitarization
construction project at Pueblo Army Depot, Colorado.
The Senate bill contained an identical provision (sec.
2413).
The agreement includes this provision.
Modification of authority to carry out certain fiscal year
2000 project (sec. 2414)
The House bill contained a provision (sec. 2414) that would
modify the authorization for a chemical demilitarization
construction project at Blue Grass Army Depot, Kentucky.
The Senate bill contained an identical provision (sec.
2414).
The agreement includes this provision.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
PROGRAM

Legislative Provisions Adopted

Authorized NATO construction and land acquisition projects
(sec. 2501)
The House bill contained a provision (sec. 2501) that would
authorize the Secretary of Defense to make contributions to
the North Atlantic Treaty Organization Security Investment
Program in an amount equal to the sum of the amount
specifically authorized in section 2502 of this title and the
amount of recoupment due to the United States for
construction previously financed by the United States.
The Senate bill contained an identical provision (sec.
2501).
The agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The House bill contained a provision (sec. 2502) that would
authorize appropriations for the United States' contribution
to the North Atlantic Treaty Organization Security Investment
Program for fiscal year 2009.
The Senate bill contained an identical provision (sec.
2502).
The agreement includes this provision.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Legislative Provisions Adopted

Authorized Army National Guard construction and land
acquisition projects (sec. 2601)
The House bill contained a provision (sec. 2601) that would
authorize military construction projects for the Army
National Guard for fiscal year 2009.
The Senate bill contained a similar provision (sec. 2601).
The agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table included in the joint explanatory
statement provides the binding list of specific construction
projects authorized at each location.
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)
The House bill contained a provision (sec. 2602) that would
authorize military construction projects for the Army Reserve
for fiscal year 2009.
The Senate bill contained a similar provision (sec. 2602).
The agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table included in the joint explanatory
statement provides the binding list of specific construction
projects authorized at each location.
Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects (sec. 2603)
The House bill contained a provision (sec. 2603) that would
authorize military construction projects for the Navy Reserve
and Marine Corps Reserve for fiscal year 2009.
The Senate bill contained an identical provision (sec.
2603).
The agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table included in the joint explanatory
statement provides the binding list of specific construction
projects authorized at each location.

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Authorized Air National Guard construction and land
acquisition projects (sec. 2604)
The House bill contained a provision (sec. 2604) that would
authorize military construction projects for the Air National
Guard for fiscal year 2009.
The Senate bill contained a similar provision (sec. 2604).
The agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table included in the joint explanatory
statement provides the binding list of specific construction
projects authorized at each location.
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)
The House bill contained a provision (sec. 2605) that would
authorize military construction projects for the Air Force
Reserve for fiscal year 2009.
The Senate bill contained a similar provision (sec. 2605).
The agreement includes this provision.
The authorized amounts are listed in this provision on an
installation-by-installation basis. A State list of projects
contained in the table included in the joint explanatory
statement provides the binding list of specific construction
projects authorized at each location.
Authorization of appropriations, National Guard and Reserve
(sec. 2606)
The House bill contained a provision (sec. 2606) that would
authorize appropriations for reserve component military
construction projects for fiscal year 2009.
The Senate bill contained a similar provision (sec. 2606).
The agreement includes this provision.
Modification of authority to carry out certain fiscal year
2008 project (sec. 2607)
The Senate bill contained a provision (sec. 2609) that
would amend section 2601 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181) to increase the authorization for a project for
the Army National Guard at North Kingstown, Rhode Island, by
$5.0 million.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Extension of authorizations of certain fiscal year 2006
projects (sec. 2608)
The House bill contained a provision (sec. 2607) that would
extend the authorizations for certain Guard and reserve
fiscal year 2006 military construction projects until October
1, 2009, or the date of enactment of an act authorizing funds
for military construction for fiscal year 2010, whichever is
later.
The Senate bill contained an identical provision (sec.
2607).
The agreement includes that provision.
Extension of authorization of certain fiscal year 2005
project (sec. 2609)
The House bill contained a provision (sec. 2608) that would
extend the authorization for an Army National Guard fiscal
year 2005 military construction project in California until
October 1, 2009, or the date of enactment of an act
authorizing funds for military construction for fiscal year
2010, whichever is later.
The Senate bill contained an identical provision (sec.
2608).
The agreement includes this provision.

TITLE XXVII--BASE CLOSURE AND REALIGNMENT ACTIVITIES

Subtitle A--Authorizations

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Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense base closure account 1990 (sec. 2701)
The House bill contained a provision (sec. 2701) that would
authorize appropriations for fiscal year 2009 for ongoing
activities that are required to implement the decisions of
the 1988, 1991, 1993, and 1995 base realignment and closure
(BRAC) rounds.
The Senate bill contained an identical provision (sec.
2701).
The agreement includes this provision.
Authorized base closure and realignment activities funded
through Department of Defense base closure account 2005
(sec. 2702)
The House bill contained a provision (sec. 2702) that would
authorize military construction projects for fiscal year 2009
that are required to implement the decisions of the 2005 Base
Realignment and Closure (BRAC) round.
The Senate bill included a similar provision (sec. 2702).
The agreement includes the Senate provision.
The table included in the joint explanatory statement lists
the specific projects authorized at each location.
Authorization of appropriations for base closure and
realignment activities funded through Department of
Defense base closure account 2005 (sec. 2703)
The House bill contained a provision (sec. 2703) that would
authorize appropriations for military construction projects
for fiscal year 2009 that are required to implement the
decisions of the 2005 Base Realignment and Closure (BRAC)
round. This provision would also provide an overall limit on
the amount authorized for BRAC military construction
projects.
The Senate bill contained a similar provision (sec. 2703).
The agreement includes this provision.
The State list contained in this joint explanatory
statement is the binding list of the specific amounts
authorized at each location.

Subtitle B--Amendments to Base Closure and Related Laws

Modification of annual base closure and realignment reporting
requirements (sec. 2711)
The House bill contained a provision (sec. 2712) that would
modify the annual reporting requirements associated with the
2005 round of the Defense Base Closure and Realignment Act of
1990 (Public Law 101-510).
The Senate bill contained a similar provision (sec. 2704)
The agreement includes the House provision.
Technical corrections regarding authorized cost and scope of
work variations for military construction and military
family housing projects related to base closures and
realignments (sec. 2712)
The House bill contained a provision (sec. 2713) that would
make technical corrections to the Base Closure and
Realignment Act notification requirements for cost and scope
of work variations.
The Senate bill contained a similar provision (sec. 2705)
The agreement includes the House provision.

Subtitle C--Other Matters

Independent design review of National Naval Medical Center
and military hospital at Fort Belvoir (sec. 2721)
The House bill contained a provision (sec. 2721) that would
direct the Department of Defense to cease construction of the
replacement facilities until the Secretary of Defense
certifies the following items have been completed: a 90
percent construction design; an independent cost estimate to
complete the realignment of the Walter Reed Army Medical
Center; and a milestone schedule to complete the proposed
realignment.
The Senate bill contained no similar provision.
The agreement includes a provision that would state
congressional findings and would require an independent
design review of the new medical facilities, a new cost
estimate, and a schedule for the transition of operations to
the new facilities. The agreement is not intended to cease
construction of replacement facilities related to the closure
of Walter Reed Army Medical Center.
Report on use of BRAC properties as sites for refineries or
nuclear power plants (sec. 2722)
The House bill contained a provision (sec. 2722) that would
require a study 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.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Legislative Provision Not Adopted

Repeal of commission approach for development of
recommendations in any future round of base closures and
realignments
The House bill contained a provision (sec. 2711) that
would, with respect to any future base closure round, repeal
the independent commission that is provided for under the
Defense Base Closure and Realignment Act of 1990 (Public Law
101-510).
The Senate bill contained no similar provision.
The agreement does not include the provision.

TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A--Military Construction Program and Military Family Housing
Changes

Incorporation of principles of sustainable design in
documents submitted as part of proposed military
construction projects (sec. 2801)
The House bill contained a provision (sec. 2801) that would
require the Department of Defense to incorporate sustainable
design concepts and life cycle analysis into a review of
options that would be submitted with the annual budget
documents.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Revision of maximum lease amount applicable to certain
domestic Army family housing leases to reflect previously
made annual adjustments in amount (sec. 2802)
The House bill contained a provision (sec. 2803) that would
increase the maximum lease amount available to Army family
housing leases from $18,620 per unit to $35,000 per unit.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Use of military family housing constructed under build and
lease authority to house members without dependents (sec.
2803)
The House bill contained a provision (sec. 2804) that would
allow service members without dependents to be assigned to
quarters leased pursuant to section 2835 of title 10, United
States Code. This authority would also allow the conversion
of the family housing units, previously provided by the
build-to-lease authority, to military unaccompanied housing.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Leasing of military family housing to Secretary of Defense
(sec. 2804)
The House bill contained a provision (sec. 2805) that would
allow the Secretary of Defense to lease military family
housing in the National Capital Region.
The Senate bill contained a similar provision (sec. 2804).
The agreement includes the Senate provision.
Improved oversight and accountability for military housing
privatization initiative projects (sec. 2805)
The House bill contained a provision (sec. 2807) that would
modify the existing privatization authorities and provide
better visibility over, and management of privatization
projects. Specifically, it would: require the Department of
Defense to partner with the family housing developer; require
100 percent performance and payment bonds; require
competition for conveyance actions; repeal the authority to
assign service members to privatized family housing; and
require additional reporting associated with general and flag
officer quarters.
The House bill also contained a provision (sec. 2808) that
would require a report on best business practices for the
execution of housing privatization initiatives.
The Senate bill contained a provision (sec. 2803) that
would require enhanced oversight of, and reporting on,
housing privatization projects. The provision would require
greater interaction among the government and private entities
involved in these projects, establish minimum bonding levels
of 50 percent, specify procedures to be used in the case of
significant schedule or performance deficiencies, ensure that
the Department of Defense maintains a database of entities
that achieve unsatisfactory performance ratings on such
projects, and require the Department to identify and
establish regulations to implement best practices for
monitoring the progress and performance of housing
privatization projects.
The agreement includes elements of the House and the Senate
provisions.
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. 2806)
The House bill contained a provision (sec. 2802) that would
extend the current use of operations and maintenance funds to
meet urgent military construction requirements outside the
United States for 1 year, through fiscal year 2009.
The Senate bill contained a similar provision (sec. 2802)
that would exempt projects in Afghanistan from the
restriction against the use of this authority at
installations where the Department of Defense anticipates
having a long term presence. The Senate bill would also
modify the quarterly reporting requirement on the use of this
authority.
The agreement includes the Senate provision with an
amendment that would provide an additional of $300.0 million
of authority for fiscal year 2009 that would be available
only for urgent operational requirements in Afghanistan. The
agreement would also restrict the use of this authority to
the Central Command and Africa Command areas of
responsibility.
Cost-benefit analysis of dissolution of Patrick Family
Housing LLC (sec. 2807)
The Senate bill contained a provision (sec. 2805) that
would require the Secretary of the

[[Page H8996]]

Air Force to submit to the congressional defense committees a
cost-benefit analysis regarding the dissolution of the
Patrick Family Housing LLC created in connection with the
privatization of military family housing at Patrick Air Force
Base, Florida, and would prohibit the Secretary from
dissolving that entity until this analysis has been
submitted.
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that requires the cost-benefit analysis be
submitted within 30 days of the date of enactment of this
Act, but would not restrict the dissolution of the LLC.

Subtitle B--Real Property and Facilities Administration

Clarification of congressional reporting requirements for
certain real property transactions (sec. 2811)
The House bill contained a provision (sec. 2811) that would
clarify reporting requirements associated with civil works
and other real estate transactions.
The Senate bill contained a similar provision (sec. 2812).
The agreement contains the Senate provision.
Authority to lease non-excess property of military
departments and Defense Agencies (sec. 2812)
The House bill contained a provision (sec. 2812) that would
modify the Department of Defense's leasing authority and
restrict certain uses of that authority. Specifically, the
Department would be limited to leases of less than 50 years,
and would be limited on the use of proceeds derived from
leases. Also, the secretaries concerned would be required to
determine that property is not excess and would be required
to provide expanded notifications to the congressional
defense committees during the course of the lease review
process. The House bill would also prohibit the acceptance of
in-kind consideration for morale, welfare and recreation
activities. Finally, the secretary would be required to
submit a report 30 days before the secretary enters into a
lease that describes the agreement reached with the local
municipality on taxation issues and further describes the
proposed lessee payment.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that removes the restrictions on leases over 50
years and on receipt of in-kind consideration related to
morale, welfare and recreation activities and makes other
technical changes.
Modification of utility system conveyance authority (sec.
2813)
The House bill contained a provision (sec. 2813) that would
modify the existing utility privatization authorities and
provide the secretary concerned the discretion to convey
additional, discrete utility elements without competition to
an existing utility privatization interest, if certain
criteria are met.
The Senate bill contained no similar provision.
The agreement contains the House provision with an
amendment to the criteria for conveyances of additional
elements of a utility system.
Defense access roads (sec. 2814)
The House bill included a provision (sec. 2815) that would
require a needs assessment of the improvements needed in
cases where the Secretary of Defense determines that a
Department of Defense action has caused a significant
transportation impact. The House bill would also require the
Secretary of Defense to submit to the congressional defense
committees and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
details the significant transportation impacts resulting from
actions of the Department of Defense since January 1, 2005.
The Senate bill contained no similar provision.
The agreement includes the House provision.
The current Defense Access Road (DAR) eligibility criteria
contained in the Federal-aid Policy Guide of the Federal
Highway Administration do not consider the full range of
transportation impacts or requirements. We are aware that the
criteria currently do not account for safety and security
concerns for local roads, even though certain DAR projects
have been carried out in the past 5 years in order to correct
significant deficiencies threatening the safety of military
personnel. The Department of Defense is strongly encouraged
to consider incorporating the standards put forth by the
Transportation Research Board, which serves as an independent
adviser to the President, Congress, and federal agencies on
scientific and technical questions, in the Highway Capacity
Manual. This manual contains state-of-the-art techniques for
estimating road capacity and determining levels of service
for transportation facilities and modes. These techniques
have been adopted by the Federal Highway Administration as a
basis for assessing road requirements based on current
congestion and saturation levels for traffic flows on public
roads.
Report on application of force protection and anti-terrorism
standards to gates and entry points on military
installations (sec. 2815)
The Senate bill contained a provision (sec. 2841) that
would require the Secretary of Defense to submit to the
congressional defense committees, not later than February 1,
2009, a report on the implementation of Department of Defense
anti-terrorism/force protection (AT/FP) standards for main
gates or entry points of military installations.
The House bill contained no similar provision.
The agreement includes the Senate provision.
We recognize the importance of AT/FP measures for
Department of Defense installations and facilities. We are
concerned that adequate funding has not been requested to
construct permanent facilities and infrastructure, including
fences, physical anti-terrorism barriers, large vehicle
inspection stations, and reinforced, blast-protected
facilities for guards since updated AT/FP standards were
adopted by the Department of Defense in 2003. Timely funding
of these requirements is necessary to protect the safety and
welfare of service members and their families. We expect the
Department of Defense to include, in conjunction with this
report, funding in the fiscal year 2010 budget and future-
years defense program to ensure that main gates and entry
points at military installations comply with AT/FP standards.

Subtitle C--Provisions Related to Guam Realignment

Sense of Congress regarding military housing and utilities
related to Guam realignment (sec. 2821)
The House bill contained a provision (sec. 2822) that would
express the sense of Congress that the Special Purpose
Entities proposed to support military family members in Guam
should closely follow the model and standards associated with
the privatized family housing initiative authorized by
subchapter IV of chapter 169 of title 10, United States Code.
Furthermore, it would express the sense of Congress that the
military and civilian utility systems on Guam should be
integrated to maximize effectiveness of the overall system.
The Senate bill contained no similar provision.
The agreement contains the House provision with an
amendment that would modify the sense of Congress to state
that any integration of the utility infrastructure should be
subject to appropriate cost-sharing and quality standards.
Federal assistance to Guam (sec. 2822)
The House bill contained a provision (sec. 2823) that would
express the sense of Congress that the Secretary of Defense,
in coordination with the Interagency Group on Insular
Affairs, should enter into a memorandum of understanding with
the Government of Guam to identify civilian infrastructure
associated with the capabilities expansion on Guam.
The House bill also contained a provision (sec. 2824) that
would require the Comptroller General to submit a report on
the status of interagency coordination related to the
realignment of military forces in Guam.
The Senate bill contained no similar provisions.
The agreement modifies and combines the House provisions.
Eligibility of the Commonwealth of the Northern Mariana
Islands for military base reuse studies and community
planning assistance (sec. 2823)
The House bill contained a provision (sec. 2827) that would
authorize the Commonwealth of the Northern Mariana Islands to
be eligible to receive military base reuse studies and
community planning assistance.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Support for realignment of military installations and
relocation of military personnel on Guam (sec. 2824)
The House bill contained a provision (sec. 2821) that would
establish an account for the purposes of centralizing
management and oversight of funding related to the
realignment of military installations on Guam and the
relocation of military personnel to Guam.
The Senate bill contained no similar provision.
The agreement contains the House provision with amendments
to the procedures under which the fund would operate. The
agreement also states the sense of Congress regarding the
participation of United States firms in projects related to
this relocation.

Subtitle D--Energy Security

Certification of enhanced use leases for energy-related
projects (sec. 2831)
The House bill contained a provision (sec. 2841) that would
require that, if a proposed enhanced use lease involves a
project related to energy production, and the term of the
lease exceeds 20 years, the secretary of a military
department may not enter into the lease until 30 days after
the Secretary of Defense certifies to the congressional
defense committees that the lease is consistent with the
Department of Defense energy performance goals and the plan
required by section 2911 of title 10, United States Code.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Annual report on Department of Defense installations energy
management (sec. 2832)
The House bill contained a provision (sec. 2842) that would
require the Secretary of Defense to report on efforts taken
to meet the

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new energy goals set forth in the Energy Independence and
Security Act of 2007 (Public Law 110-140) and on efforts to
meet certification requirements for sustainable green-
building standards for construction and major renovations.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would clarify that the report should describe
Department of Defense efforts to meet the requirements in
section 433 of Public Law 110-140.

Subtitle E--Land Conveyances

Land conveyance, former Naval Air Station, Alameda,
California (sec. 2841)
The House bill contained a provision (sec. 2851) that would
require the Secretary of the Navy to convey the Former Naval
Air Station, Alameda, California, to the Alameda Reuse and
Redevelopment Authority, except those lands designated as
public benefit conveyances and certain other surplus lands.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would permit rather than require the
conveyance of the property and would make other technical
changes regarding the form of the consideration for the
property to be conveyed.
Transfer of administrative jurisdiction, decommissioned Naval
Security Group Activity, Skaggs Island, California (sec.
2842)
The House bill contained a provision (sec. 2860) that would
direct the Secretary of the Navy and the Secretary of the
Interior to negotiate a memorandum of agreement that
stipulates the conditions upon which the decommissioned Naval
Security Group Activity, Skaggs Island, Sonoma, California
would be transferred from the administrative jurisdiction of
the Department of the Navy to the United States Fish and
Wildlife Service for inclusion in the National Wildlife
Refuge System.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Transfer of proceeds from property conveyance, Marine Corps
Logistics Base, Albany, Georgia (sec. 2843)
The Senate bill contained a provision (sec. 2821) that
would allow the Secretary of Defense to transfer the proceeds
from the sale of the Boyett Village Housing Complex at the
Marine Corps Logistics Base Albany, Georgia, into the Family
Housing Improvement Fund for carrying out military family
housing privatization activities.
The House bill contained no similar provision.
The agreement includes the Senate provision, but does not
direct the Department of Defense to comply with the use of
proceeds suggested in the Senate report.
Land conveyance, Sergeant First Class M.L. Downs Army Reserve
Center, Springfield, Ohio (sec. 2844)
The House bill contained a provision (sec. 2855) that would
authorize the Secretary of the Army to convey the Sergeant
First Class M.L. Downs Army Reserve Center, Springfield, Ohio
to the City of Springfield, Ohio for use for municipal
government services.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Land conveyance, John Sevier Range, Knox county, Tennessee
(sec. 2845)
The House bill contained a provision (sec. 2856) that would
authorize the Secretary of the Army to convey 124 acres known
as the John Sevier Range in Knox County, Tennessee, to the
State of Tennessee for use as a public firing range and for
associated recreational activities.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.
Land conveyance, Army property, Camp Williams, Utah (sec.
2846)
The House bill contained a provision (sec. 2858) that would
authorize the Secretary of the Army to convey 608 acres and
308 acres, respectively, to the State of Utah for military
use by the Utah National Guard at Camp Williams, Utah.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would add a condition to the conveyance and
make other technical changes.
Extension of Potomac Heritage National Scenic Trail through
Fort Belvoir, Virginia (sec. 2847)
The House bill contained a provision (sec. 2859) that would
authorize the Secretary of the Army to enter into a
revocable-at-will easement with the Secretary of the Interior
to provide land along the perimeter of Fort Belvoir,
Virginia, to be used to extend the Potomac Heritage National
Scenic Trail.
The Senate bill contained no similar provision.
The agreement includes the House provision with a
clarifying amendment.

Subtitle F--Other Matters

Revised deadline for transfer of Arlington Naval Annex to
Arlington National Cemetery (sec. 2851)
The House bill contained a provision (sec. 2871) that would
extend the current deadline for the transfer of approximately
36 acres of land at the Arlington Naval Annex to the
Secretary of the Army for incorporation into Arlington
National Cemetery from January 1, 2011, to no later than
January 1, 2012.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Acceptance and use of gifts for construction of additional
building at National Museum of the United States Air
Force, Wright-Patterson Air Force Base (sec. 2852)
The House bill contained a provision (sec. 2873) that would
authorize the Secretary of the Air Force to accept a gift
from the Air Force Museum Foundation that would allow
construction of the fourth building for the National Museum
of the United States Air Force at Wright-Patterson Air Force
Base, Ohio.
The Senate bill contained no similar provision.
The agreement contains the House provision with an
amendment that would require all funds used for design,
construction, and contract management of the fourth building
to come from gifts, or the proceeds of the investment of
those gifts.
Lease involving pier on Ford Island, Pearl Harbor Naval Base,
Hawaii (sec. 2853)
The House bill contained a provision (sec. 2875) that would
direct the Secretary of the Navy to enter into a 2 year
lease with the USS Missouri Memorial Association to use a
pier on Ford Island, Hawaii.
The Senate bill contained no similar provision.
The agreement contains the House provision with an
amendment that would require as a condition of the lease that
the Navy be allowed the use of the ex-USS Missouri, and of
the property leased to the Association, at no cost.
Use of runway at NASJRB Willow Grove, Pennsylvania (sec.
2854)
The House bill contained a provision (sec. 1076) that would
limit commercial use of the airfield at NASJRB Willow Grove,
Pennsylvania.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Naming of health facility, Fort Rucker, Alabama (sec. 2855)
The House bill contained a provision (sec. 2876) that would
designate a health facility at Fort Rucker, Alabama, as the
``Lyster Army/VA Health Clinic.''
The Senate bill contained no similar provision.
The agreement includes the House provision.

legislative provisions not adopted

Increase in threshold for unspecified minor military
construction projects
The Senate bill contained a provision (sec. 2801) that
would amend section 2805(a)(1) of title 10, United States
Code, by raising the cost ceiling of a construction project
authorized by this section from $2.0 million to $3.0 million.
This provision would also eliminate the separate threshold
for projects intended solely to correct deficiencies that are
life-threatening, health-threatening, or safety-threatening.
The House bill contained no similar provision.
The agreement does not include the Senate provision.
Repeal of reporting requirement in connection with
installation vulnerability assessments
The House bill contained a provision (sec. 2806) that would
repeal a reporting requirement regarding installation
vulnerability assessments.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Modification of land management restrictions applicable to
Utah national defense lands
The Senate bill contained a provision (sec. 2813) that
would sunset the restrictions contained in section 2815 of
the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65) on October 1, 2013, and would also
clarify the definition of Utah national defense lands in that
Act.
The House bill contained no similar provision.
The agreement does not include the provision.
Permanent authority to purchase municipal services for
military installations
The House bill contained a provision (sec. 2814) that would
extend the authority of the Secretary of the Army to purchase
local government services for Department of Defense
installations from the neighboring local governments to the
other military departments. This provision would also make
this authority permanent and would restrict the services that
could be purchased to refuse collection and disposal.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Protecting private property rights during Department of
Defense land acquisitions
The House bill contained a provision (sec. 2816) that would
direct officials of the Department of Defense to make every
effort to acquire real property by negotiation.
The Senate bill contained no similar provision.

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The agreement does not include the House provision.
Energy and environmental design initiatives in Guam military
construction and installations
The House bill contained a provision (sec. 2825) that would
require that facilities constructed to support the military
expansion at Guam have energy efficiencies and energy
conservation measures incorporated into the overall design
process. Specifically, this section would require that
military construction projects on Guam incorporate Leadership
in Energy and Environmental Design to achieve not less than
the U.S. Green Building Council silver standard for new
construction.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Department of Defense Inspector General report regarding Guam
realignment
The House bill contained a provision (sec. 2826) that would
require the Inspector General of the Department of Defense to
submit a report to Congress within 180 days of the date of
enactment of this Act on the efforts of the Inspector General
to address potential waste and fraud associated with the
realignment of military forces in Guam.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Prevailing wage applicable to Guam
The House bill contained a provision (sec. 2828) that would
make the requirements of subchapter IV of chapter 31 of title
40, United States Code, applicable to military construction
of any facilities on Guam.
The Senate bill contained no similar provision.
The agreement does not include this provision.
Expansion of authority of the military departments to develop
energy on military lands
The Senate bill contained a provision (sec. 2831) that
would enable the Secretary of Defense to enter long-term
contracts for renewable energy from resources developed on
military lands.
The House bill contained no similar provision.
The agreement does not include the provision.
Land conveyance, Norwalk Defense Fuel Supply Point, Norwalk,
California
The House bill contained a provision (sec. 2852) that would
authorize the Secretary of the Air Force to convey 10 acres
at the Norwalk Defense Fuel Supply Point to the City of
Norwalk, California, for recreational purposes.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Land conveyance, former Naval Station, Treasure Island,
California
The House bill contained a provision (sec. 2853) that would
direct the Secretary of the Navy to convey the former Naval
Station Treasure Island, California, to the Treasure Island
redevelopment authority.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Condition on lease involving Naval Air Station, Barbers
Point, Hawaii
The House bill contained a provision (sec. 2854) that would
require the Secretary of the Navy and Ford Island Properties/
Hunt Development to enter into a memorandum of understanding
with the Hawaii Community Development Authority to ensure
that the development plan for real property to be conveyed at
Barbers Point, Hawaii, conforms to Hawaii Community
Development Authority land use controls.
The Senate bill contained no similar provision.
The agreement does not include the House provision.
Land conveyance, Bureau of Land Management land, Camp
Williams, Utah
The House bill contained a provision (sec. 2857) that would
direct the Secretary of the Interior to convey 431 acres to
the State of Utah for military use by the Utah National Guard
at Camp Williams, Utah.
The Senate bill contained no similar provision.
The agreement does not include this provision.
Decontamination and use of former bombardment area on island
of Culebra
The House bill contained a provision (sec. 2872) that would
amend the Military Construction Authorization Act of 1974
(Public Law 93-166) to remove restrictions on environmental
remediation of the former bombardment area on the island of
Culebra, Puerto Rico.
The Senate bill contained no similar provision.
The agreement does not include this provision.
Establishment of memorial to American Rangers at Fort
Belvoir, Virginia
The House bill contained a provision (sec. 2874) that would
authorize the Secretary of the Army to permit the American
Ranger Memorial Association, Inc., to establish and maintain
a memorial at a suitable location at Fort Belvoir, Virginia.
The Senate bill contained no similar provision.
The agreement does not include the House provision.

TITLE XXIX--WAR-RELATED AND EMERGENCY MILITARY CONSTRUCTION
AUTHORIZATIONS

Subtitle A--Fiscal Year 2008 Projects

Authorized Army construction and land acquisition projects
(sec. 2901)
The House bill contained a provision (sec. 2901) that would
authorize war-related military construction projects for the
Army.
The Senate bill contained a similar provision (sec. 2901).
The agreement includes this provision.
The authorized amounts are listed on an installation-by-
installation basis in this provision. These authorizations
are in addition to the projects and amounts authorized in
title XXIX of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181).
Authorized Navy construction and land acquisition projects
(sec. 2902)
The House bill contained a provision (sec. 2902) that would
authorize war-related military construction projects for the
Navy.
The Senate bill contained a similar provision (sec. 2902).
The agreement includes this provision.
The authorized amounts are listed on an installation-by-
installation basis in this provision. These authorizations
are in addition to the projects and amounts authorized in
title XXIX of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181).
Authorized Air Force construction and land acquisition
projects (sec. 2903)
The House bill contained a provision (sec. 2903) that would
authorize war-related military construction projects of the
Air Force.
The Senate bill contained a similar provision (sec. 2903).
The agreement includes the Senate provision.
The authorized amounts are listed on an installation-by-
installation basis in this provision. These authorizations
are in addition to the projects and amounts authorized in
title XXIX of the Military Construction Authorization Act for
Fiscal Year 2008 (division B of Public Law 110-181).

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Authorized Defense Agencies construction and land acquisition
projects (sec. 2904)
The House bill contained a provision (sec. 2904) that would
authorize war-related military construction projects for the
defense agencies.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that reduces the amounts authorized.
Termination of authority to carry out fiscal year 2008 Army
projects (sec. 2905)
The House bill contained a provision (sec. 2905) that would
repeal the project authorizations for military construction
projects authorized in fiscal year 2008 for which no funds
were appropriated.
The Senate bill contained a similar provision (sec. 2904).
The agreement includes this provision.

Subtitle B--Fiscal Year 2009 Projects

Authorized Army Construction and land acquisition projects
(sec. 2911)
The Senate bill contained a provision (sec. 2911) that
would authorize $450.0 million for military construction
projects for the Army for fiscal year 2009. The Senate
provision would provide additional funding for warrior
transition unit facilities, primarily barracks. The funding
would be available 14 days after the Secretary of Defense
submits a report to Congress with a description and
justification of the specific projects to be funded.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Authorized Navy construction and land acquisition projects
(sec. 2912)
The Senate bill contained a provision (sec. 2912) that
would authorize $50.0 million in military construction
projects for the Navy for fiscal year 2009. The Senate
provision would provide additional funding for warrior
transition unit facilities, primarily barracks. The funding
would be available 14 days after the Secretary of Defense
submits a report to Congress with a description and
justification of the specific projects to be funded.
The House bill contained no similar provision.
The agreement includes this provision.

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

Overview
Title XXXI authorizes appropriations for atomic energy
defense activities of the Department of Energy for fiscal
year 2009, including: the purchase, construction, and
acquisition of plant and capital equipment; research and
development; nuclear weapons activities; nuclear
nonproliferation activities; naval nuclear propulsion;
environmental cleanup; operating expenses; and other expenses
necessary to carry out the purposes of the Department of
Energy Organization Act (Public Law 95-91). This title
authorizes appropriations in five categories: (1) National
Nuclear Security Administration (NNSA); (2) defense
environmental cleanup; (3) other defense activities; (4)
defense nuclear waste disposal; and (5) energy security and
assurance.
The budget request for atomic energy defense activities at
the Department of Energy included $16.0 billion for atomic
energy defense activities, a 5.6 percent increase above the
fiscal year 2008 appropriated level. Of the total amount
requested:
(1) $9.1 billion is for NNSA, of which
(a) $6.6 billion is for weapons activities,
(b) $1.2 billion is for defense nuclear nonproliferation
activities,
(c) $828.1 million is for naval reactors, and
(d) $404.1 million is for the Office of the Administrator;
(2) $5.3 billion is for defense environmental cleanup;
(3) $1.3 billion is for other defense activities; and
(4) $247.4 million is for defense nuclear waste disposal.
The budget request also included $7.6 million for energy
security and assurance within energy supply.
We agree to authorize $16.1 billion for atomic energy
defense activities, an increase of $143.2 million above the
budget request.
Of this amount, we authorize:
(1) $9.8 billion for NNSA, of which
(a) $6.6 billion would be for weapons activities, a
decrease of $7.0 million below the budget request,
(b) $1.9 billion would be for defense nuclear
nonproliferation, an increase of $648.2 million above the
budget request,
(c) $828.1 million would be for naval reactors, the amount
of the budget request, and
(d) $404.0 million would be for the Office of the
Administrator, the amount of the budget request;
(2) $5.3 billion would be for defense environmental cleanup
activities, the amount of the budget request;
(3) $826.5 million would be for other defense activities, a
decrease of $487.0 million below the amount of the budget
request; and
(4) $222.4 million would be for defense nuclear waste
disposal, a reduction of $25.0 million below the amount of
the budget request.
We agree to authorize $7.6 million for energy security and
assurance, the amount of the budget request.
The following table summarizes the budget request and the
authorizations:

Legislative Provisions Adopted

National Nuclear Security Administration (sec. 3101)
The House bill contained a provision (sec. 3101) that would
authorize $9.3 billion for the activities of the National
Nuclear Security Administration (NNSA) for fiscal year 2009,
an increase of $204.7 million above the budget request.
The Senate bill contained a similar provision (sec. 3101)
that would authorize $9.6 billion for the activities of the
NNSA for fiscal year 2009, an increase of $544.6 million
above the budget request.
The agreement includes a provision (sec. 3101) that would
authorize $9.8 billion, an increase of $655.2 million above
the budget request.

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Within NNSA, the provision would authorize $6.6 billion for
weapons activities, a decrease of $7.0 million; $1.9 billion
for defense nuclear nonproliferation, an increase of $648.2
million; $828.1 million for naval reactors, the amount of the
budget request, and $404.1 million for the Office of the
Administrator, the amount of the request.
The budget request included $6.6 billion for weapons
activities. The provision would authorize $6.6 billion, a
decrease of $7.0 million below the budget request. The budget
request included $10.0 million for the Reliable Replacement
Warhead, no funds are provided for this item. The provision
would authorize an increase of $5.0 million above the budget
request for weapons dismantlement and disposition and a
decrease of $20.0 million below the budget request for pit
manufacturing. Within campaigns, the provision would
authorize a reduction of $5.0 million below the budget
request for test readiness, an increase of $5.0 million above
the budget request for enhanced surety, an increase of $3.0
million above the budget request for enhanced surveillance,
an increase of $14.6 million above the budget request for
inertial confinement fusion, and a decrease of $10.0 million
below the budget request for tritium readiness. Within
readiness in technical base and facilities, the provision
would authorize an increase of $1.0 million above the budget
request, which includes an increase of $10.0 million above
the budget request for the Lawrence Livermore National
Laboratory, an increase of $10.0 million above the budget
request for the Pantex Plant, and a decrease of $19.0 million
for the Kansas City Plant. We note that the $19.0 million
reduction for the Kansas City Plant is without prejudice. The
provision provides an additional $23.4 million above the
budget request for defense nuclear security.
The budget request included $1.2 billion for defense
nuclear nonproliferation. The provision would authorize $1.9
billion for defense nuclear nonproliferation, an increase of
$648.2 million, including $487.0 million transferred from
nuclear energy for the mixed oxide fuel fabrication facility.
The provision would include an increase of $25.0 million
above the budget request for the Nonproliferation and
Verification Research and Development program including
technologies to support improved nuclear material forensic
and attribution capabilities and seismic research. The
provision would authorize a reduction of $5.8 million for the
Nonproliferation and International Security (NIS) program, of
which $5.0 million shall be applied to the Global Initiatives
for Proliferation (GIPP) Prevention and the balance shall be
applied across the NIS as a reduction for Global Nuclear
Energy Partnership activities including GIPP. The provision
would authorize an increase of $22.0 million above the budget
request for the International Nuclear Materials and
Cooperation program to secure nuclear weapons and weapons
materials outside the United States. Funding for the mixed
oxide fuel fabrication facility, $467.8 million, and $19.2
million for operations and maintenance for the U.S. surplus
fissile materials disposition, has been moved from nuclear
energy back to the NNSA to reflect that this is a
nonproliferation program. The NNSA is the responsible entity
within the Department of Energy to manage nonproliferation
programs. The provision would authorize an increase of $120.0
million above the budget request for the Global Threat
Reduction Initiative for highly enriched uranium reactor
conversion, to secure domestic research and test reactors, to
secure and remove U.S. origin high risk radiological sources,
to secure and remove international high risk radiological
sources, and to dispose of U.S. origin highly enriched
uranium located outside the United States.
The budget request included $828.1 million for naval
reactors. The provision would authorize the amount of the
budget request.
The budget request included $404.1 million for the Office
of the Administrator. The provision would authorize the
amount of the budget request.
Defense environmental cleanup (sec. 3102)
The Senate bill contained a provision (sec. 3102) that
would authorize $5.3 billion for environmental defense
cleanup activities, the amount of the budget request.
The House bill contained a similar provision (sec. 3102)
that would authorize $5.3 billion, an increase of $20 million
above the budget request.
The agreement includes the Senate provision that would
authorize $5.3 billion, the amount of the budget request.
The agreement would authorize a number of projects not
included in the budget request. The Department of Energy
(DOE) has identified these projects as unfunded and not
included in the budget request but necessary to meet
environmental cleanup commitments and requirements. Due to
the uncertainty of the appropriations process for fiscal year
2009, the agreement would authorize these additional projects
but offset the amount of the cost of the additional projects
through the use of prior year balances. This will allow the
DOE discretion and flexibility in implementing these
additional projects should additional appropriated funds be
available. In the event that additional funds are not
available, the DOE would retain the flexibility to implement
these projects with prior year balances, or
through reprogramming actions should the decision be made
to do so. We view implementation of the additional
projects as being within the discretion of the Secretary.
Funding for these projects is authorized by site and by
account. The increases for the sites and accounts are as
follows: Fernald, $13.5 million; 2012 completion projects at
the Hanford Site, $89.5 million; 2035 completion projects at
the Hanford Site, $45.0 million; Idaho National Laboratory,
$40.0 million; National Nuclear Security Administration
(NNSA) sites $85.101, which includes $5.0 million for NNSA/
SPRU, $10.0 million for Nevada, $3.0 million for Sandia
National Laboratory, and $67.1 million for Los Alamos
National Laboratory; Oak Ridge reservation, $25.0 million;
Office of River Protection, $53.0 million; 2035 completion
projects at the Savannah River Site, $58.5 million; Waste
Isolation Pilot Project, $18.7 million; and safeguards and
security at the Hanford Site, $8.2 million.
Other defense activities (sec. 3103)
The Senate bill contained a provision (sec. 3103) that
would authorize $826.5 million for other defense activities,
a decrease of $487.0 million.
The House bill contained a similar provision (sec. 3103)
that would authorize $1.3 billion for other defense
activities, an increase of $8.0 million.
The agreement includes the Senate provision.
The amount authorized is a decrease of $487.0 million from
the amount of the budget request. We recommend: $446.9
million for health, safety, and security, the amount of the
budget request; $186.0 million for legacy management, the
amount of the request; $6.6 million for the Office of
Hearings and Appeals; and $78.8 million for nuclear energy, a
decrease of $487.0 million from the budget request. We
recommend that the $487.0 million included in the budget
request for other defense activities for the mixed oxide fuel
fabrication facility be transferred to the National Nuclear
Security Administration.
Defense nuclear waste disposal (sec. 3104)
The House bill contained a provision (sec. 3104) that would
authorize $247.4 million for defense nuclear waste disposal,
the amount of the budget request.
The Senate bill contained a similar provision (sec. 3104)
that would authorize $197.4 million for defense nuclear waste
disposal, a reduction of $50.0 million below the budget
request.
The agreement includes the House provision with an
amendment that would authorize $222.4 million for defense
nuclear waste disposal, a reduction of $25.0 million below
the budget request.
Energy security and assurance (sec. 3105)
The House bill contained a provision (sec. 3105) that would
authorize $7.6 million for energy security and assurance at
the Department of Energy.
The Senate bill contained no similar provision.
The agreement includes the House provision.

Subtitle B--Program Authorizations, Restrictions, and Limitations

Modification of functions of Administrator for Nuclear
Security to include elimination of surplus fissile
materials usable for nuclear weapons (sec. 3111)
The Senate bill contained a provision (sec. 3111) that
would amend section 2402(b)(1) of title 50, United States
Code, by adding a new paragraph assigning responsibility for
elimination of surplus fissile materials usable for nuclear
weapons to the Administrator for Nuclear Security.
The House bill contained no similar provision.
The agreement includes the Senate provision.
Limitation on funding for project 04-D-125 Chemistry and
Metallurgy Research Replacement facility project, Los
Alamos National Laboratory, Los Alamos, New Mexico (sec.
3112)
The House bill provided full funding for project 04-D-125,
the chemistry and metallurgy research replacement (CMRR)
facility project at the Department of Energy Los Alamos
National Laboratory.
The Senate bill provided $50.2 million for CMRR, a
reduction of $50.0 million from the budget request.
The agreement includes a provision that would authorize
$100.2 million for the CMRR, the amount of the budget
request, but would prohibit the Administrator of the National
Nuclear Security Administration (NNSA) from obligating more
than $50.2 million of the CMRR funding until 15 days after
the Administrator and the Defense Nuclear Facilities Safety
Board have each certified to the congressional defense
committees that the issues associated with the design of the
safety class systems at the CMRR and seismic related design
issues have been resolved.
Nonproliferation and national security scholarship and
fellowship program (sec. 3113)
The Senate bill contained a provision (sec. 3114) that
would direct the Administrator of the National Nuclear
Security Administration (NNSA) to establish a
nonproliferation scholarship program. The scholarship program
would be available to both undergraduate and graduate
students in disciplines to be determined by the NNSA
administrator. A student would be required to work as a
Federal Government employee or as a laboratory employee for 1
year for each year that the student received support under
the program.
The House bill contained a similar provision (sec. 3113(a))
that would establish a fellowship program for graduate
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The agreement includes the Senate provision with an
amendment that would direct the NNSA Administrator to
establish a scholarship program for nonproliferation and
national security programs at the Department of Energy. The
provision would authorize $3.0 million from funds available
to the Administrator to be used for the scholarship program
in fiscal year 2009.
There is concern that experts in certain technical areas
critical to nonproliferation and national security programs,
such as radio-chemistry, are increasingly difficult for the
NNSA and the Department of Energy laboratories to attract and
retain.
Enhancing nuclear forensics capabilities (sec. 3114)
The House bill contained a provision (sec. 3113) that would
establish a fellowship program for graduate students in
nuclear chemistry and direct the Administrator of the
National Nuclear Security Administration (NNSA) to prepare
and carry out a research and development plan to improve the
speed and accuracy of nuclear forensics radiation measurement
equipment. In addition, the provision would direct the
Secretary of Energy to prepare a research and development
plan to support technical forensics and attribution
capabilities, including an international database on nuclear
material to allow prompt attribution of material or weapons.
The provision would also amend the report on nuclear
forensics capabilities required to be submitted by section
3129(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181) to include a requirement to
identify any treaty, legislative, or regulatory actions
needed to establish the international database. The provision
would also direct the Secretary of Defense, in consultation
with the Secretary of Energy and Homeland Security, to submit
a report with respect to a nuclear forensics advisory panel.
The provision would also require a series of reports
including, a report on the costs of the fellowship program; a
research and development plan with the costs to implement the
plan; a report on the research and development plan for
technical capabilities to enhance forensics and attribution;
and a report on the involvement of senior Executive Branch
leadership in nuclear terrorism preparedness exercises.
The Senate bill contained a provision (sec. 3114) that
would establish a nonproliferation scholarship and fellowship
program.
The agreement includes the House provision with an
amendment that would direct the Secretary of Energy to
establish, prepare and implement a research and development
plan to improve nuclear forensics capabilities in the
Department of Energy (DOE) and at the DOE national
laboratories. The Secretary of Energy should ensure that the
House Committee on Science and Technology receives a copy of
the report.
In addition, the amendment would amend the report on
nuclear forensics capabilities required to be submitted by
section 3129(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181) to include a
requirement to identify any treaty, legislative, or
regulatory actions needed to establish the international
database.
The amendment would also direct the President to submit a
report to the appropriate congressional committees on the
involvement of senior level Executive Branch leadership in
nuclear terrorism exercises including nuclear forensics
analysis.
Elsewhere in the agreement there is a separate provision
that would establish a scholarship and fellowship program for
nonproliferation and national security.
Utilization of contributions to International Nuclear
Materials Protection and Cooperation program and Russian
plutonium Disposition program (sec. 3115)
The House bill contained a provision (sec. 3111) that would
establish the authority of the Secretary of Energy, in
consultation with the Secretary of State, to enter into
agreements with any person, including a foreign government or
entity, which the Secretary of Energy considers appropriate,
to accept funds to assist with the disposition of excess
Russian plutonium as part of the Russian Plutonium
Disposition program. Contributed funds would be maintained in
a separate account in the Treasury, and would be returned to
the donor if not used in 5 years. The provision would also
require the Secretary of Energy to submit a report on the
receipt and use of funds. The authority provided in the
provision would terminate on December 31, 2013.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that would modify existing authority that allows
the Department of Energy (DOE) to accept contributions for
other nonproliferation programs to allow DOE to accept
contributions for the Russian Plutonium Disposition Program
and for the International Nuclear Materials Protection and
Cooperation Program. The DOE authority to accept
contributions for these nonproliferation programs would
expire on December 31, 2015.
Review of and reports on Global Initiatives for Proliferation
Prevention program (sec. 3116)
The Senate bill contained a provision (sec. 3115) that
would direct the Administrator of the National Nuclear
Security Administration (NNSA) to conduct a review of the
Global Initiatives for Proliferation Prevention (GIPP)
program and submit a report on the review to the
congressional defense committees no later than February 1,
2009.
The report would include a description of the goals for the
GIPP program and the criteria for partnership projects
together with recommendations regarding the future of
projects in Russia and the other countries of the former
Soviet Union as well as plans for projects in countries other
than the former Soviet Union. In addition, the report would
include a plan for completing all projects in the countries
of the former Soviet Union by 2012.
The provision would also restrict funds associated with the
Global Nuclear Energy Partnership (GNEP).
The House bill contained no similar provision.
The agreement includes the Senate provision with an
amendment that would change the due date of the report to
October 1, 2009, and that would require a plan and criteria
for completing all partnership projects under the program,
not just in the countries of the former Soviet Union. In
addition, recognizing that each country has different needs
and presents different opportunities for partnerships, the
agreement does not include a deadline by which projects have
to be completed.
The GNEP funding restriction is addressed in a separate
provision.
We appreciate the GIPP program information recently
provided by the NNSA and the NNSA efforts to continue to
strengthen the management, implementation and oversight of
the program. This additional attention and oversight by the
NNSA will ensure that the GIPP program achieves its intended
nonproliferation objectives, and will address the concerns
the Government Accountability Office has raised about the
GIPP program. We also are encouraged that NNSA is reducing
unobligated and uncosted balances in GIPP program funding and
will re-baseline the program by December 2008 as part of its
Strategic Plan.
Limitation on availability of funds for Global Nuclear Energy
Partnership (sec. 3117)
The Senate bill contained a provision (sec. 3115(c)) that
would prohibit funds authorized to be appropriated for
defense nuclear nonproliferation and available for use in the
Global Initiatives for Proliferation Prevention program from
being used to support the Global Nuclear Energy Partnership
(GNEP).
The House bill contained no similar provision. House Report
110-652 did not support using any defense nuclear
nonproliferation funds for GNEP.
The agreement includes the Senate provision with an
amendment that would allow no more than $3.0 million of the
funds authorized to be appropriated by section 3101(a)(2) for
defense nuclear nonproliferation to be used for projects
specifically designed for the GNEP. None of the $3.0 million
amount shall be obligated until 30 days after the
Administrator of the National Nuclear Security Administration
(NNSA) submits to Congress a report describing in detail the
amount proposed to be used for GNEP and the specific
activities that would be funded.
The agreement specifies that the $3.0 million is available
to be used for nonproliferation risk assessments relating to
the GNEP and related work on export control reviews.

Subtitle C--Reports

Extension of deadline for Comptroller General report on
Department of Energy protective force management (sec.
3121)
The House bill contained a provision (sec. 3112) that would
extend the due date for the Comptroller General to complete a
report on the management of the Department of Energy
protective forces to March 1, 2009.
The Senate bill contained no similar provision.
The agreement contains the House provision.
Report on compliance with Design Basis Threat issued by the
Department of Energy in 2005 (sec. 3122)
The Senate amendment contained a provision (sec. 3112) that
would direct the Secretary of Energy to submit a report on
the progress made by the Department of Energy (DOE) to
achieve compliance with the requirements of the 2005 design
basis threat (DBT) for each DOE site with Category I nuclear
materials. The DBT establishes the physical security
requirements for each DOE site. This report would be a
follow-on report to the 2006 DBT report, which laid out a
plan for each site to either be compliant by 2008 or obtain a
waiver. The provision would also direct the Secretary to
conduct an assessment of the 2005 DBT and to identify any
necessary modifications, updates, or revisions to the 2005
DBT. The committee is concerned that several sites may not be
in compliance with the 2005 DBT by the end of 2008.
The House bill contained no similar provision.
The agreement contains the Senate provision.
Modification of submittal of reports on inadvertent releases
of restricted data (sec. 3123)
The Senate bill (sec. 3113) contained a provision that
would amend section 2672 of title 50, United States Code, to
make the annual report on inadvertent releases of restricted
data due every other year rather than annually. The provision
would further amend section 2672 to change the frequency of
the report that the Secretary of Energy submits to Congress
to identify the plans of various federal agencies to prevent
the inadvertent release of restricted data. The provision
would

[[Page H9025]]

modify the frequency of the Department of Energy review of
the agencies' plans from periodic, which has been treated by
the Secretary as an annual requirement, to once every 2
years.
The House bill contained no similar provision.
The agreement contains the provision.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Authorization (sec. 3201)
The House bill contained a provision (sec. 3201) that would
authorize $25.5 million for the activities of the Defense
Nuclear Facilities Safety Board, the amount of the budget
request.
The Senate bill contained a similar provision (sec. 3201)
that would authorize $29.0 million for the activities of the
Defense Nuclear Facilities Safety Board, an increase of $3.5
million above the amount of the budget request.
The agreement includes the House provision.

TITLE XXXIV--NAVAL PETROLEUM RESERVES

Authorization of appropriations (sec. 3401)
The House bill contained a provision (sec. 3401) that would
authorize $19.1 million for the operation and maintenance of
the Naval Petroleum and Oil Shale Reserves.
The Senate bill contained no similar provision.
The agreement includes the House provision.

TITLE XXXV--MARITIME ADMINISTRATION

legislative provisions adopted

Authorization of appropriations for fiscal year 2009 (sec.
3501)
The House bill contained a provision (sec. 3501) for the
authorization of appropriations for the Maritime
Administration of the Department of Transportation for fiscal
year 2009.
The Senate bill contained no similar provision.
The agreement includes the House provision with clarifying
amendments for capital improvements at the United States
Merchant Marine Academy and maintenance and repair of school
ships of the various State Maritime Academies.
Limitation on export of vessels owned by the Government of
the United States for the purpose of dismantling,
recycling, or scrapping. (sec. 3502)
The House bill contained a provision (sec. 3502) that would
place limits on the export of vessels owned by the United
States government for the purpose of scrapping or recycling
in foreign shipyards.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Student incentive payment agreements. (sec. 3503)
The House bill contained a provision (sec. 3503) that would
raise the maximum yearly incentive payment for students at
the various state maritime academies from $4,000 to $8,000
per year.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Riding gang member requirements (sec. 3504)
The House bill contained a provision (sec. 3504) that would
amend section 1018 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364)
to require that riding gang members of vessels engaged in the
carriage of cargo for the Department of Defense possess a
merchant mariners' document issued under chapter 73 of title
46, United States Code, or a transportation security card
issued under section 70105 of such title. In addition, the
provision clarifies those personnel onboard such vessels at
the direction of the Secretary of Defense shall not be
classified as riding gang members under section 8106 of title
46, United States Code.
The Senate bill contained no similar provision.
The agreement includes the House provision.
Maintenance and repair reimbursement program for the maritime
security fleet (sec. 3505)
The House bill contained a provision (sec. 3505) that would
direct the Administrator of the Maritime Administration to
seek to enter into agreements for the maintenance and repair
pilot program as authorized by section 5301 of title 46
United States Code, as amended by section 3503 of the
National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163).
The Senate bill contained no similar provision.
The agreement includes the House provision.
Temporary program authorizing contracts with adjunct
professors at the United States Merchant Marine Academy
(sec. 3506)
The House bill contained a provision (sec. 3506) that would
grant temporary authority to the Administrator of the
Maritime Administration to enter into contracts with Adjunct
Professors at the United States Merchant Marine Academy.
The Senate bill contained no similar provision.
The agreement includes the House provision with an
amendment that grants temporary authority to the
Administrator to transition employees of the Academy's Non-
Appropriated Funded Instrumentalities (NAFIs) to the General
Schedule. In addition, the amendment would grant authority to
the Administrator to accept and use conditional or
unconditional gifts of money or property for the benefit of
the Academy.
Actions to address sexual harassment and violence at the
Untied States Merchant Marine Academy (sec. 3507)
The agreement includes a provision that would direct the
Secretary of Transportation to direct the Superintendent of
the United States Merchant Marine Academy to prescribe a
policy on sexual harassment and sexual violence applicable
tot he cadets and other personnel of the Academy.
Assistance for small shipyards and maritime communities (sec.
3508)
The agreement includes a provision that would repeal
section 3506 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) and add a new section
in chapter 541 of title 46, United States Code, for
assistance to small shipyards and maritime communities
clarifying the program's intent to provide assistance to
projects that would be effective in fostering efficiencies
and enhancing employee technical skills.
Marine war risk insurance (sec. 3509)
The agreement includes a provision that would extend the
authorities granted in section 53912 of title 46, United
States Code, to December 31, 2015.
MARAD consultation on Jones Act Waivers (sec. 3510)
The agreement includes a provision that would require that
the head of any agency responsible for the administration of
the navigation or vessel-inspection laws to obtain a
determination from the Administrator of the Maritime
Administration, acting in the capacity as Director, National
Shipping Authority, that sufficient United States flag
capacity does not exist to meet national defense requirements
prior to any waiver of those laws.
Transportation in American vessels of government personnel
and certain cargoes (sec. 3511)
The agreement includes a provision to amend section 55305
of title 46, United States Code, top clarify the requirements
of that section with respect to the transportation of
government personnel and cargo in American vessels.
Port of Guam improvement enterprise program (sec. 3512)
The House bill contained a provision (sec. 2829) that would
create a Port of Guam Improvement Enterprise 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.
The Senate bill contained no similar provision.
The agreement includes the House provision with a technical
amendment.

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