[House Report 110-666]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-666

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5658) TO AUTHORIZE 
  APPROPRIATIONS FOR FISCAL YEAR 2009 FOR MILITARY ACTIVITIES OF THE 
 DEPARTMENT OF DEFENSE, TO PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR 
                FISCAL YEAR 2009, AND FOR OTHER PURPOSES

                                _______
                                

May 21, 2008.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. Cardoza, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1218]

    The Committee on Rules, having had under consideration 
House Resolution 1218, by a record vote of 8 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for further consideration of H.R. 
5658, the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009, under a structured rule without further 
general debate.
    The resolution considers as an original bill for the 
purpose of amendment the amendment in the nature of a 
substitute recommended by the Committee on Armed Services. The 
committee amendment shall be considered as read. The resolution 
waives all points of order against the committee amendment 
except those arising under clause 10 of rule XXI. This waiver 
does not affect the point of order available under clause 9 of 
rule XXI (regarding earmark disclosure).
    The resolution makes in order only those amendments printed 
in this report and waives all points of order against such 
amendments except those arising under clause 9 or 10 of rule 
XXI. The amendments made in order shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
a division of the question.
    The resolution permits the chairman of the Committee on 
Armed Services or his designee to offer amendments en bloc if 
those amendments have been printed in this report and not 
earlier disposed of. The Chairman of the Committee of the Whole 
may recognize for consideration any amendment printed in this 
report out of the order it was printed but not sooner than 30 
minutes after the chairman of the Committee on Armed Services 
announces from the floor a request to that effect. The 
resolution provides one motion to recommit with or without 
instructions. The rule provides that, notwithstanding the 
operation of the previous question, the chair may postpone 
further consideration until a time designated by the Speaker. 
The rule provides that in the engrossment of H.R. 5658, the 
text of H.R. 6048, as passed the House, shall be added at the 
end of H.R. 5658. The resolution authorizes the Speaker to 
entertain motions that the House suspend the rules at any time 
through the legislative day of Thursday, May 22, 2008, relating 
to any measure pertaining to agricultural programs.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against the committee 
amendment (except for those arising under clause 10 of rule 
XXI) includes waivers of: (1) clause 7 of rule XVI 
(germaneness), (2) clause 4 of rule XXI (appropriating on 
legislative bills), and (3) section 303 of the Congressional 
Budget Act (mistimed changes in direct spending).

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 507

    Date: May 21, 2008.
    Measure: H.R. 5658.
    Motion by: Mr. Dreier.
    Summary of motion: To strike section 8 of the rule.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 508

    Date: May 21, 2008.
    Measure: H.R. 5658.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Brown-Waite (FL), #27, which 
provides for the concurrent payment of voluntary separation 
incentives and veterans disability compensation to eligible 
veterans.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 509

    Date: May 21, 2008.
    Measure: H.R. 5658.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Akin (MO), #46, which would 
add H.R. 6023, the Freedom to Serve Act, to title V of the 
bill. The amendment would make it a federal criminal offense 
(1) to interfere with or intimidate any person providing 
military recruiting services, (2) to intimidate or interfere 
with anyone inquiring about service in the U.S. armed services 
or National Guard of any state, or (3) to damage or destroy any 
recruiting facility or attempt to do so. A penalty includes a 
fine, imprisonment, or both.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 510

    Date: May 21, 2008.
    Measure: H.R. 5658.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Bishop, Rob (UT), #78, which 
provides the Secretary of Defense (or his designee) authority 
to procure fuels from alternative fuel sources, such as coals-
to-liquids, tar sands, and oil shale, if the Secretary 
determines that it is in the best interest of defense readiness 
and national security.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 511

    Date: May 21, 2008.
    Measure: H.R. 5658.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Sessions (TX), #102, which 
states a Sense of Congress that the United States Congress 
needs to support the development, testing, and fielding of the 
capability to intercept ballistic missiles in their boost 
phase.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 512

    Date: May 21, 2008.
    Measure: H.R. 5658.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Hunter (CA), #124, which 
provides that the President shall provide for expedited 
permitting processes for the construction and operation of 
petroleum refineries on military installations. Permits the 
Defense Secretary to enter into agreement with a U.S. person to 
build and operate a petroleum refinery on a military 
installation. It requires the President to notify Congress if 
the President utilizes the permitting authority.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 513

    Date: May 21, 2008.
    Measure: H.R. 5658.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Terry (NE), #36, which would 
provide the Department of Defense multi-year procurement 
authority for the purchase of alternative and synthetic 
aviation fuel.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 514

    Date: May 21, 2008.
    Measure: H.R. 5658.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Fortenberry (NE), #66, which 
would replace the TRICARE Reserve Select premium recalculation 
and upper limit with a refund of premiums beyond 28% of program 
cost when premiums collected exceed 33% of actual program cost 
for the year. Refunds would be issued in 2010 and every year 
thereafter.
    Results: Defeated 4-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; 
Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 515

    Date: May 21, 2008.
    Measure: H.R. 5658.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 8-4.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Cardoza--Yea; Welch--Yea; Arcuri--Yea; Sutton--
Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Slaughter--Yea.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Skelton (MO): Manager's Amendment. Makes a series of 
technical corrections to H.R. 5658, as reported by the 
Committee on Armed Services on May 16, 2008. (5 minutes)
    2. Skelton (MO)/Berman (CA)/Lowey (NY): Requires the 
Defense Secretary, Secretary of State, and USAID Administrator 
to establish a standing advisory panel to improve integration 
on matters of national security. The twelve-member panel, 
appointed by the three agency heads, will look closely at how 
the three agencies collaborate on specific overseas national 
security issues. (20 minutes)
    3. Akin (MO): Would increase funding for Future Combat 
Systems by $193 million. The increase would be offset by (1) a 
$30 million reduction in Navy research, development, test, and 
evaluation; (2) a $138 million reduction in DOD military 
personnel; and $25 million from the Defense Health Program. (10 
minutes)
    4. Spratt (SC): Requires the DNI, on an annual basis, to 
submit to Congress an update of the National Intelligence 
Estimate entitled ``Iran: Nuclear Intentions and Capabilities'' 
and dated November 2007. Such update may be submitted in 
classified form. The President shall notify Congress in writing 
within 15 days of determining that Iran has met or surpassed 
any major milestone in its nuclear weapons program or that Iran 
has undertaken to accelerate, decelerate, or cease the 
development of any significant element within its nuclear 
weapons program. (20 minutes)
    5. Smith, Adam (WA): Would require the President to develop 
and submit to Congress a comprehensive interagency strategy for 
strategic communication and public diplomacy by December 31, 
2009. It also requires the President to submit a report 
describing the current roles and activities of the Departments 
of Defense and State in those areas, as well as to assess and 
report on a key recommendation by the Defense Science Board, by 
June 30, 2009. (5 minutes)
    6. Franks (AZ): Would add $719 million to the Missile 
Defense Agency's budget. This amendment directs the Department 
of Defense to utilize the $719 million for Theater High-
Altitude Area Defense (THAAD), Aegis Ballistic Missile Defense, 
and Tests & Targets within the Missile Defense Agency account 
portfolio. The offset for the $719 million is to be determined 
by the Secretary of Defense from title II of the bill 
(Research, Development, Test, and Evaluation). (20 minutes)
    7. Tauscher (CA): Clarifies that the Federal Advisory 
Committee Act (FACA) does not apply to the Congressional 
Commission on the Strategic Posture of the United States, which 
was established by section 1062 of the National Defense 
Authorization Act for FY 2008. (5 minutes)
    8. Boren (OK): Would amend Sec. 526 of the Energy 
Independence and Security Act of 2007 to include clarifying 
language regarding the procurement by a federal agency of 
alternative or synthetic fuels. Would clarify the conditions in 
Sec. 526 by which DOD and other federal agencies would be 
allowed to enter into a contract to purchase a generally 
available fuel, if it is not predominantly an alternative or 
synthetic fuel. The amendment would also set forth a set of 
conditions pursuant to these changes. (20 minutes)
    9. Cummings (MD)/Watson (CA): Revises section 595 of the 
bill (Senior Military Leadership Diversity Commission) to add 
two Coast Guard officers to the membership of the Commission. 
(5 minutes)
    10. Sestak (PA): Would provide that autistic children of 
members of the Armed Forces, who are enrolled in the Extended 
Care Health Option program, receive a minimum of $5,000 per 
month of autistic therapy services. (5 minutes)
    11. Sestak (PA): Would establish the Visiting NIH Senior 
Neuroscience Fellowship Program at the Defense Advanced 
Research Projects Agency (DARPA) and the Defense Center of 
Excellence for Psychological Health and Traumatic Brain Injury 
(DCoE). (5 minutes)
    12. Buyer (IN): Would provide $22.3 million for Army 
Reserve first term dental readiness and $8.5 million for Army 
Reserve demobilization dental treatment. (5 minutes)
    13. Slaughter (NY)/Poe (TX): Would require defense 
contractors supporting the missions in Iraq and Afghanistan to 
report violent crimes committed against or by Defense 
Department contract employees and require that the information 
be made public. Would require defense contractors to provide 
victims with medical and psychological assistance. (5 minutes)
    14. Castle (DE)/Hinojosa (TX): Would give the secretary of 
a military department authority to authorize military 
installations to enter into partnerships with colleges, 
universities, and technical schools for the purposes of 
improving the accessibility and flexibility of college courses 
available to active duty service members. Such partnerships 
would be used to conduct outreach, develop flexible class 
schedules and locations, assist with academic counseling, and 
assess how resources may be applied more effectively to meet 
educational needs of service members. (5 minutes)
    15. Waxman (CA): Would (1) require agencies to enhance 
competition in contracting, (2) limit the use of abuse-prone 
contracts, (3) rebuild the federal acquisition workforce, (4) 
strengthen anti-fraud measures, and (5) increase transparency 
in federal contracting. (20 minutes)
    16. LaHood (IL): Would allow a service member with a minor 
dependent (child under the age of 19) to request a deferment of 
a deployment to a combat zone if their spouse is currently 
deployed to a combat zone. (5 minutes)
    17. Woolsey (CA): Requires the Navy Secretary and the 
Interior Secretary to negotiate a memorandum of agreement to 
transfer the decommissioned Naval Security Group Activity, 
Skaggs Island, Sonoma, California, from the Navy to the U.S. 
Fish and Wildlife Refuge for inclusion in the National Wildlife 
Refuge System. It also permits the Navy and the Interior 
Secretary to accept donations from the State of California and 
other entities to cover the costs of building removal and 
environmental remediation. It provides that funds received may 
be merged with other amounts available to carry out the section 
and shall remain available, without appropriation and until 
expended. (5 minutes)
    18. Berman (CA): Adds an additional finding to title XVI of 
the bill (Reconstruction and Stabilization Civilian Management) 
to reflect the Administration's request for stabilization 
activities. It also modifies the amendment to the Foreign 
Assistance Act made by section 1604 of the bill relating to 
using otherwise transferred or reprogrammed funds for 
stabilization or reconstruction assistance to have it apply to 
fiscal years 2009, 2010, and 2011 instead of fiscal years 2008, 
2009, and 2010. It also increases the amount that can be used 
for these purposes from $100 million to $200 million. (10 
minutes)
    19. Porter (NV): Finds that Congress and the Secretary of 
Defense should work to understand and identify the contributing 
factors related to suicide amongst our service men and women. 
Additionally, the Amendment strongly encourages the Secretary 
of Defense to conduct a study related to the mental health risk 
for non- combative service members, such as Unmanned Aerial 
Vehicle (UAVs) Operators. Moreover, this amendment advises that 
Congress and the Secretary of Defense provide our military with 
responsible mental health services and information related to 
suicide prevention. (5 minutes)
    20. Capito (WV): Would increase the amount provided for DOD 
military personnel by $3 million, one million each for the Army 
Secretary, Navy Secretary, and Air Force Secretary, for the 
funeral honors program. The increase would be offset by a $3 
million reduction to be derived from the basic research under 
the University Research Initiatives. (5 minutes)
    21. Cooper (TN): Would require the Secretary of Defense to 
report to Congress an acquisition strategy for insurance 
required by the Defense Base Act. (5 minutes)
    22. Flake (AZ): Would prohibit any funds appropriated to 
carry out H.R. 5658 from being used for a library/lifelong 
learning center at Marine Corps Base Twentynine Palms, 
California. (10 minutes)
    23. Tierney (MA): Would reduce funding for the Missile 
Defense Agency by $966.2 million. It would provide $75 million 
for the Cooperation Threat Reduction program, $592 million for 
the nonproliferation and WMD programs of the Energy Department, 
$30 million for impact aid to help local educational agencies 
provide support to dependents of service members, $30 million 
for family support of wounded service members, $30 million for 
suicide prevention programs for service members, and $10 
million for a pilot program to identify and retrain wounded 
service members as military health professionals to treat other 
wounded service members. Any remaining funds would be used to 
fund National Guard and Reserve shortfalls, especially in 
connection with homeland security activities. (20 minutes)
    24. Price, Tom (GA): Amends safeguards and internal 
controls of DOD to require that appropriate inventory and 
property systems are updated promptly in response to 
expenditures charged to a purchase card related to sensitive 
and pilferable property. It also requires that penalties for 
violations of the law provide for the reimbursement of charges 
for unauthorized or erroneous purchases. (5 minutes)
    25. Price, David (NC): Would prohibit agencies under the 
Department of Defense from using contractors to perform 
interrogations. The amendment would allow the use of 
contractors for interpretation. (10 minutes)
    26. Lee (CA): Provides that no provision in any status of 
forces agreement negotiated between the United States and the 
Government of Iraq that obligates the United States to the 
defense of Iraq from internal or external threats shall have 
any legal effect unless the agreement is in the form of a 
treaty requiring the advice and consent of the Senate, or is 
specifically authorized by an Act of Congress. (20 minutes)
    27. Fossella (NY): Would direct the Secretary of Defense, 
in consultation with the United States Postal Service, to 
provide postal benefits to service members serving in Iraq or 
Afghanistan or currently hospitalized under the care of the 
Armed Forces. Qualified individuals will receive one voucher 
for every two months their designated service member is 
overseas. The Department of Defense will be appropriated an 
amount equal to the expenses incurred by the program. The 
Department of Defense will transfer funds to the Postal Service 
in advance of each calendar quarter equal to the estimated 
costs that the Postal Service will incur. (5 minutes)
    28. Inslee (WA): Directs the Defense Secretary to include 
the effects of greenhouse gas emissions in planning, 
requirements development, and acquisition processes. Included 
is the development of a performance parameter to measure 
greenhouse gas emissions in acquisitions. (10 minutes)
    29. Inslee (WA): Directs the Defense Secretary to study the 
use of power management software at DOD facilities to reduce 
the amount of electricity consumed by computers, monitors, and 
other electronic equipment. (5 minutes)
    30. Brown-Waite (FL): Permits the Army Secretary to award 
the Army Combat Action Badge to those soldiers who served 
during the dates ranging from December 7, 1941, to September 
18, 2001, if the Secretary determines such individuals have not 
been previously recognized in an appropriate manner for such 
participation. The Army Secretary may arrange with suppliers of 
the Badge so that eligible recipients may procure the Badge 
directly from suppliers. (10 minutes)
    31. McGovern (MA)/Bishop, Sanford (GA)/Sestak (PA): 
Requires the Defense Secretary 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 (``WHINSEC''). 
The amendment covers fiscal years 2005-2008 and any fiscal year 
thereafter. (20 minutes)
    32. Holt (NJ)/Tauscher (CA)/Grijalva (AZ)/Schakowsky (IL): 
Would require the videotaping or electronic recording of 
detainee interrogations in the custody of or under the 
effective control of the Department of Defense. Directs the 
Judge Advocates General of the respective military services to 
develop uniform guidelines for such videotaping or electronic 
recording, and for said guidelines to be provided to Congress. 
(10 minutes)
    33. Pearce (NM): Would amend title XXXI (DOE National 
Security Programs) to remove $10 million in funding for energy 
conservation on military installations and increase funding for 
the Reliable Replacement Warhead program by $10 million. (10 
minutes)
    34. McDermott (WA): Would require DOD to report to Congress 
on implementation of the recommendations of the report 
entitled, ``Review of the Toxicologic and Radiologic Risks to 
Military Personnel from Exposure to Depleted Uranium During and 
After Combat.'' The Secretary shall expand the depleted uranium 
registry and identify and provide additional health monitoring 
for Gulf War level II personnel who had several hours of 
unprotected exposure to such munitions in perforated vehicles. 
The report shall describe the progress being made in 
identifying these veterans and the additional health monitoring 
being provided. (5 minutes)
    35. King, Steve (IA): Would require the Chief of the 
National Guard Bureau to submit a report to Congress detailing 
the extent to which the various provisions enacted within title 
XVIII of the FY08 National Defense Authorization Act (National 
Guard Bureau Matters) have been effective in giving the 
National Guard a clearer voice in policy and budgetary 
discussions within the Department of Defense and assessing the 
adequacy of Department of Defense funding for the resource 
requirements of the National Guard. (5 minutes)
    36. Matsui (CA): Would allow the Defense Department six 
months to review appeals from service members who were denied 
full Army College Fund benefits under Army Incentive Program 
contracts. It also provides that a payment under the amendment 
may be made without regard to any limits on total combined 
amounts under the Army College Fund and the Montgomery GI Bill. 
(5 minutes)
    37. DeFazio (OR): Would require that for any Department of 
Defense contract for truck transportation or service using 
fuel, the motor carrier, broker, or freight forwarder involved 
in the transaction must pass any fuel surcharge on to the 
person responsible for paying the cost of fuel and to disclose 
that surcharge and other charges in writing. The amendment also 
directs the Department of Defense to prescribe regulations for 
the enforcement of this provision, including any necessary 
penalties or sanctions. (5 minutes)
    38. Turner (OH): Would require a report from the Secretary 
of Defense within 45 days after the date of enactment on 
laboratory personnel demonstration projects. (5 minutes)
    39. Stupak (MI): Would extend eligibility for military 
disability retired pay to individuals who left enlisted service 
in order to attend a military academy between January 1, 2000 
and October 28, 2004, and who suffered a disabling injury while 
attending the academy. (5 minutes)
    40. DeLauro (CT)/Courtney (CT): Requires the Defense 
Secretary to conduct a demonstration project to assess the 
feasibility and efficacy of providing a face to face post-
deployment mental health screening between a member of the 
Armed Forces and a mental health provider. The project shall be 
developed by the Defense Secretary in conjunction with the VA 
Secretary and HHS Secretary. The Defense Secretary may 
coordinate with any accredited college, university, hospital-
based or community-based mental health center the Secretary 
deems appropriate. (5 minutes)
    41. Everett (AL): Would expand existing authority for 
professional military education institutions of the Army, Navy, 
Air Force, and Marine Corps to award degrees to graduates of 
their schools. The amendment also would establish congressional 
notification requirements for the establishment, modification, 
redesignation, or termination of any new or existing degree 
programs. It prohibits the awarding of a degree unless the 
Education Secretary has recommended approval of the degree in 
accordance with the Federal Policy Governing Granting of 
Academic Degrees by Federal Agences and the curriculum leading 
to the degree is accredited by the appropriate civilian agency 
or organization (as determined by the Education Secretary). (5 
minutes)
    42. Schakowsky (IL): Would require the Secretary of Defense 
to revise the regulations issued pursuant to section 862 of the 
Fiscal Year 2008 National Defense Authorization Act 
(contractors performing private security functions in areas of 
combat operations) to ensure that private security contractors 
are not authorized to perform inherently governmental functions 
in an area of combat operations. It also requires the Defense 
Secretary, in coordination with other agency heads, to review 
the performance of private security contractors to ensure 
compliance with the amendment. (5 minutes)
    43. Schiff (CA): Would require the Defense Secretary to 
study methods to verifiably reduce the likelihood of accidental 
nuclear launch by any nation. The Secretary must report to 
Congress on the results of the study within 6 months. (5 
minutes)
    44. Blumenauer (OR): Would require the Defense Secretary to 
establish a program to research and develop unexploded ordnance 
detection technology and facilitate the deployment of this 
technology in the field. The Secretary may carry out the 
program via grants or other financial arrangements with states, 
private companies, academic institutions, or other 
nongovernmental entities. (5 minutes)
    45. Bordallo (GU): Would permit the Transportation 
Secretary, acting through the Maritime Administration, to 
establish 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. It 
also establishes in the United States Treasury a separate 
account known as the Port of Guam Improvement Enterprise Fund 
to carry out the program. It permits funds in the account to be 
deposited and transferred to the Administrator. Provides that 
nothing in the section shall authorize amounts made available 
under 23 U.S.C. sec. 215 or other funds for highway 
improvements not eligible for making port improvements to be 
deposited into the Fund. (5 minutes)
    46. Moore, Gwen (WI): Would require the Comptroller General 
to review, and report to Congress within one year on, the DOD's 
implementation of the recommendations of the Department of 
Defense Task Force on Mental Health to ensure a full continuum 
of psychological health services and care for members of the 
Armed Forces and their families. (5 minutes)
    47. Ortiz (TX): Would require a report be submitted to the 
congressional defense committees by the Secretary of the Navy 
not later than 120 days after enactment of the act on future 
jet carrier training requirements. The report shall assess the 
Navy's plan concerning jet carrier training requirements; 
assess studies conducted by independent organizations 
concerning jet carrier trainer requirements; and include a 
cost-benefit analysis between a new start program or 
modernization of the existing platform. (5 minutes)
    48. Kennedy, Patrick (RI)/Shea-Porter (NH): Requires the 
Secretary of Defense to conduct a demonstration project to 
assess the feasibility of providing a behavioral health care 
provider locator and appointment assistance service for members 
of the reserve components of the Armed Forces seeking treatment 
for depression, post traumatic stress disorder, substance abuse 
problems, and other mental illnesses. The demonstration program 
would include a toll-free hotline that would be available 24 
hours a day 7 days a week to help reservists find behavioral 
health care providers and schedule outpatient appointments 
within the TRICARE network. (5 minutes)
    49. Israel (NY): Requires the Secretary of Defense to 
report to Congress on DOD's policies regarding the sale and 
disposal of used motor vehicle oil, including policies to 
require closed loop recycling of used oil as a means of 
reducing total indirect energy usage and greenhouse gas 
emissions. The Secretary shall implement such policies whenever 
feasible. (5 minutes)
    50. Israel (NY): Would create a joint Department of 
Defense/Department of State program for the purpose of hiring 
Iraqis (who supported U.S. efforts in Iraq and who have 
resettled in the U.S.) as translators, interpreters, and 
cultural awareness instructors for various agencies of the 
federal government. It also requires the Defense Secretary and 
Secretary of State to work with NGO's and refugee coordinators 
of the State Department to ensure Iraqis resettled in the U.S. 
are informed of the program. (10 minutes)
    51. Schwartz (PA)/Murphy, Patrick (PA): Would prevent 
future use of the airfield at NASJRB Willow Grove, 
Pennsylvania, for commercial passenger operations; commercial 
cargo operations; commercial, business, or nongovernment 
aircraft operations not related to missions of the 
installation; and as a reliever airport to relieve congestion 
at other airports. (5 minutes)
    52. Bishop, Sanford (GA): Would provide 180 days of 
transitional health care to those service members who separate 
honorably from active duty and agree to serve in the Guard or 
Selected Reserve at no charge to the service member. It would 
offset the cost by cutting $22 million from the Missile Defense 
Agency. (10 minutes)
    53. Braley (IA): Requires the President to submit a report 
to Congress on the long-term costs of Operation Iraqi Freedom 
and Operation Enduring Freedom within 90 days of enactment. The 
amendment directs the estimate to be based on certain 
scenarios; make projections through at least Fiscal Year 2068; 
and take into account and specify various factors, including 
operational costs, reconstruction costs, and the cost of 
providing health care and disability benefits. (10 minutes)
    54. Carney (PA): Would express the sense of Congress that 
each military department should, to the maximum extent 
practicable, provide honor guard details for the funerals of 
veterans. (5 minutes)
    55. Ellsworth (IN)/Emanuel (IL): Would revise the Federal 
Acquisition Regulation by requiring each contract awarded by 
the Department of Defense to contain a clause prohibiting the 
contractor from performing the contract using a subsidiary or 
subcontractor that is a foreign shell company if the foreign 
shell company will perform the work of the contract or 
subcontract using United States citizens or permanent residents 
of the United States. A foreign shell company is an entity that 
is incorporated outside the United States or Canada and does 
not manage, direct, or exercise operational control over 
personnel performing work under a contract of the entity. (10 
minutes)
    56. Hodes (NH)/DeFazio (OR)/DeLauro (CT): Provides that no 
funds authorized in the bill may be used for propaganda 
purposes, and directs the DOD Inspector General and GAO to 
report on whether or not the defense analysts program violated 
propaganda provisions of Department of Defense appropriations 
bills for Fiscal Years 2002 through 2008. (20 minutes)
    57. Yarmuth (KY)/Klein (FL): Would make it the policy of 
the United States that any Status of Forces Agreement (SOFA) 
negotiated between the U.S. and Iraq include measures requiring 
the Iraqi Government to provide financial or other types of 
support for U.S. Armed Forces stationed in Iraq. (10 minutes)
    58. Foster (IL)/Schiff (CA): Amends title XXXI of the bill 
(DOE National Security Programs) to require the Administrator 
for Nuclear Security to establish a fellowship program for 
Ph.D. candidates in nuclear chemistry. The amendment would 
support research and development of our nation's nuclear 
forensics capability, call for the enhancement and linkage of 
international nuclear material databases to enable prompt data 
access, establish a joint independent Nuclear Forensics 
Advisory Panel of recognized experts, and require the President 
to report to Congress on Cabinet-level participation in nuclear 
terrorism preparedness exercises that include nuclear forensics 
analysis. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Skelton of Missouri, or 
                 His Designee, Debatable for 5 Minutes

  In section 201(1), strike the dollar amount and insert the 
following: ``$10,688,695,000''.
  In section 201(2), strike the dollar amount and insert the 
following: ``$19,764,738,000''.
  In section 595(a), strike ``(1) In general.--''.
  In section 713(d)(1)(B), strike ``copayments for smoking 
cessation services had been waived pursuant to subsection (b) 
during that year'' and insert ``if the beneficiary had not been 
excluded under subsection (a) from the smoking cessation 
program under that subsection''.
  In section 714, amend the section heading to read as follows:

SEC. 714. PREVENTIVE HEALTH ALLOWANCE.

  In section 832, page 329, line 12, strike ``438(c)(1)(A)'' 
and insert ``438(d)(1)''.
  In section 1001(a)(2), in lieu of the blank underscore after 
the dollar sign, insert ``4,000,000,000''.
  In section 2902, strike subsection (a) and insert the 
following new subsection:
  (a) Inside the United States.--Using amounts appropriated 
pursuant to the authorization of appropriations in subsection 
(c)(1), the Secretary of the Navy may acquire real property and 
carry out military construction projects for the installations 
or locations inside the United States, and in the amounts, set 
forth in the following table:

                     Navy: Inside the United States
------------------------------------------------------------------------
                                     Installation or
             State                      Location              Amount
------------------------------------------------------------------------
California.....................  Camp Pendleton........      $19,962,000
                                 China Lake............       $7,210,000
                                 Point Mugu............       $7,250,000
                                 San Diego.............      $17,930,000
                                 San Diego, Marine           $43,200,000
                                  Corps Recruit Depot.
                                 Twentynine Palms......      $12,324,000
Florida........................  Eglin Air Force Base..         $780,000
Mississippi....................   Gulfport.............       $6,570,000
North Carolina.................  Camp Lejeune..........      $27,980,000
                                 Parris Island Marine        $16,000,000
                                  Corps Recruit Depot.
Virginia.......................  Yorktown..............       $8,070,000
------------------------------------------------------------------------

  In section 2902(c), strike the dollar amounts in the matter 
preceding paragraph (1) and in paragraph (1) and insert 
``$197,618,000'' and ``$171,176,000'', respectively.
                              ----------                              


2. An Amendment To Be Offered by Representative Skelton of Missouri, or 
                 His Designee, Debatable for 20 Minutes

  At the end of title X, add the following new section:

SEC. 1071. STANDING ADVISORY PANEL ON IMPROVING INTEGRATION BETWEEN THE 
                    DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND 
                    THE UNITED STATES AGENCY FOR INTERNATIONAL 
                    DEVELOPMENT ON MATTERS OF NATIONAL SECURITY.

  (a) Establishment of Advisory Panel.--The Secretary of 
Defense, the Secretary of State, and the Administrator of the 
United States Agency for International Development shall 
jointly establish an advisory panel to review the respective 
roles and responsibilities of the Department of Defense, the 
Department of State, and the United States Agency for 
International Development in the national security 
collaborative system.
  (b) Membership.--
          (1) Composition.--The advisory panel shall be 
        composed of 12 members, of whom--
                  (A) three shall be appointed by the Secretary 
                of Defense, in consultation with the Secretary 
                of State and the Administrator;
                  (B) three shall be appointed by the Secretary 
                of Defense, in consultation with the Chairman 
                of the Joint Chiefs of Staff, the Secretary of 
                State, and the Administrator;
                  (C) three shall be appointed by the Secretary 
                of State, in consultation with the Secretary of 
                Defense and the Administrator; and
                  (D) three shall be appointed by the 
                Administrator, in consultation with the 
                Secretary of Defense and the Secretary of 
                State.
          (2) Chairman.--The Secretary of Defense, the 
        Secretary of State, and the Administrator shall jointly 
        designate one member as chairman.
          (3) Vice chairman.--The Secretary of Defense, the 
        Secretary of State, and the Administrator shall jointly 
        designate one member as vice chairman. The vice 
        chairman may not be a member appointed to the advisory 
        panel under paragraph (1) by the same Secretary or 
        Administrator that appointed the chairman to the 
        advisory panel under paragraph (1).
          (4) Expertise.--Members of the advisory panel shall 
        be private citizens of the United States with national 
        recognition and significant experience in the Federal 
        Government, the Armed Forces, public administration, 
        foreign affairs, or development.
          (5) Deadline for appointment.--All members of the 
        advisory panel shall be appointed not earlier than 
        January 20, 2009, and not later than March 20, 2009.
          (6) Terms.--The term of each member of the advisory 
        panel is for the life of the advisory panel.
          (7) Vacancies.--A vacancy in the advisory panel shall 
        be filled not later than 30 days after such vacancy 
        occurs and in the manner in which the original 
        appointment was made.
          (8) Security clearances.--The appropriate departments 
        or agencies of the Federal Government shall cooperate 
        with the advisory panel in expeditiously providing to 
        the members and staff appropriate security clearances 
        to the extent possible pursuant to existing procedures 
        and requirements, except that no person shall be 
        provided with access to classified information under 
        this section without the appropriate security 
        clearances.
          (9) Status.--A member of the advisory board who is 
        not otherwise employed by the Federal Government shall 
        not be considered to be a Federal employee, except for 
        the purposes of chapter 81 of title 5, United States 
        Code, and chapter 171 of title 28, United States Code.
          (10) Expenses.--The members of the advisory panel 
        shall be allowed travel expenses, including per diem in 
        lieu of subsistence, at rates authorized for employees 
        of agencies under subchapter I of chapter 57 of title 
        5, while away from their homes or regular places of 
        business in the performance of services for the 
        advisory panel.
  (c) Meetings and Procedures.--
          (1) Initial meeting.--The advisory panel shall 
        conduct its first meeting not later than 30 days after 
        the date that all appointments to the advisory panel 
        have been made under subsection (b).
          (2) Meetings.--The advisory panel shall meet not less 
        often than once every three months. The advisory panel 
        may also meet at the call of the Secretary of Defense, 
        the Secretary of State, or the Administrator.
          (3) Procedures.--The advisory panel shall carry out 
        its duties under procedures established under 
        subsection (d).
          (4) Nonapplicability of federal advisory committee 
        act.--The Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to the advisory panel.
  (d) Support of Federally Funded Research and Development 
Center.--
          (1) In general.--The Secretary of Defense, in 
        consultation with the Secretary of State and the 
        Administrator, shall enter into a contract with a 
        federally funded research and development center for 
        the provision of administrative and logistical support 
        and assistance to the advisory panel in carrying out 
        its duties under this section. Such support and 
        assistance shall include the establishment of the 
        procedures of the advisory panel under subsection 
        (c)(3).
          (2) Deadline for contract.--The Secretary of Defense 
        shall enter into the contract required by this 
        subsection not later than 60 days after the date of the 
        enactment of this Act.
  (e) Duties of Panel.--
          (1) The advisory panel shall analyze the roles and 
        responsibilities of the Department of Defense, the 
        Department of State, and the United States Agency for 
        International Development regarding--
                  (A) stability operations;
                  (B) non-proliferation;
                  (C) foreign assistance (including security 
                assistance);
                  (D) strategic communications;
                  (E) public diplomacy;
                  (F) the role of contractors; and
                  (G) other areas the Secretary of Defense, the 
                Secretary of State, and the Administrator 
                consider appropriate.
          (2) In providing advice, guidance, and 
        recommendations to improve the national security 
        collaborative system, the advisory panel shall review--
                  (A) the structures and systems that 
                coordinate policy-making;
                  (B) the roles and responsibilities of the 
                departments and agencies of the Federal 
                Government involved in the national security 
                collaborative system;
                  (C) integrating the expertise of the 
                departments and agencies of the Federal 
                Government involved in the national security 
                collaborative system; and
                  (D) coordinating personnel assigned abroad as 
                part of the national security collaborative 
                system.
  (f) Cooperation of Other Agencies.--Upon request by the 
advisory panel, any department or agency of the Federal 
Government shall provide information that the advisory panel 
considers necessary to carry out its duties.
  (g) Reports.--
          (1) Interim report.--
                  (A) Not later than 180 days after the first 
                meeting of the advisory panel, the advisory 
                panel shall submit to the Secretary of Defense, 
                the Secretary of State, and the Administrator, 
                a report that identifies--
                          (i) aspects of the national security 
                        collaborative system that should take 
                        priority during the improvement of 
                        integration between the Department of 
                        Defense, the Department of State, and 
                        the United States Agency for 
                        International Development; and
                          (ii) methods to better integrate the 
                        national security collaborative system.
          (2) Annual report.--
                  (A) Not later than December 31 of each year, 
                the advisory panel shall submit to the 
                Secretary of Defense, the Secretary of State, 
                and the Administrator, a report on--
                          (i) the activities of the advisory 
                        panel;
                          (ii) any deficiencies in the national 
                        security collaborative system;
                          (iii) any improvements made to the 
                        national security collaborative system;
                          (iv) methods to better integrate the 
                        national security collaborative system; 
                        and
                          (v) such findings, conclusions, and 
                        recommendations as the advisory panel 
                        considers appropriate.
          (3) Submission of report to congress.--The Secretary 
        of Defense, the Secretary of State, and the 
        Administrator shall submit to the appropriate 
        committees of Congress the reports under this 
        subsection and any additional information considered 
        appropriate.
          (4) Congressional briefings.--Not later than 30 days 
        after the submission of each report under this 
        subsection, the advisory panel shall meet with the 
        appropriate committees to brief such committees on the 
        matters contained in the report.
          (5) Appropriate committees.--For the purposes of this 
        subsection, the appropriate committees of Congress are 
        the following:
                  (A) The Committees on Foreign Relations, 
                Armed Services, and Appropriations of the 
                Senate.
                  (B) The Committees on Foreign Affairs, Armed 
                Services, and Appropriations of the House of 
                Representatives.
  (h) Termination of Advisory Panel.--The advisory panel shall 
terminate on September 30, 2013.
  (i) Definitions.--In this section:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the United States Agency for 
        International Development.
          (2) National security collaborative system.--The term 
        ``national security collaborative system'' means the 
        structures, mechanisms, and processes by which the 
        Department of Defense, the Department of State, and the 
        United States Agency for International Development 
        coordinate and integrate their policies, capabilities, 
        expertise, and activities to accomplish national 
        security missions overseas.
          (3) Stability operations.--The term ``stability 
        operations'' means stability and reconstruction 
        operations conducted by departments or agencies of the 
        Federal Government described by Department of Defense 
        Directive 3000.05, National Security Presidential 
        Directive 1, or National Security Presidential 
        Directive 44.
                              ----------                              


 3. An Amendment To Be Offered by Representative Akin of Missouri, or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle A of title II, add the following new 
section:

SEC. 203. INCREASED FUNDING FOR FUTURE COMBAT SYSTEMS.

  (a) Increase.--The amount provided in section 201(1) for 
research, development, test, and evaluation, Army, is hereby 
increased by $193,000,000, of which--
          (1) $101,000,000 shall be available for Future Combat 
        Systems, MGV; and
          (2) $92,000,000 shall be available for Future Combat 
        Systems, SoS Engineering.
  (b) Corresponding Offsets.--The amount in section 201(2) for 
research, development, test, and evaluation, Navy, is hereby 
reduced by $30,000,000, to be derived from PE 0305205N, line 
198 Endurance Unmanned Aerial Vehicles, Broad Area Maritime 
Surveillance. The amount in section 421, military personnel, is 
hereby reduced by $138,000,000, to be derived from unobligated 
balances. The amount in section 1403, Defense Health Program, 
is hereby reduced by $25,000,000, to be derived from 
unobligated balances.
                              ----------                              


4. An Amendment To Be Offered by Representative Spratt of South Dakota, 
               or His Designee, Debatable for 20 Minutes

  Strike section 1224 of the bill and insert the following:

SEC. 1224. REQUIREMENT TO UPDATE NATIONAL INTELLIGENCE ESTIMATE ON 
                    IRAN'S NUCLEAR INTENTIONS AND CAPABILITIES.

  (a) Requirement.--Not later than 180 days after the date of 
the enactment of this Act, and annually thereafter, the 
Director of National Intelligence shall submit to Congress an 
update of the National Intelligence Estimate, entitled ``Iran: 
Nuclear Intentions and Capabilities'' and dated November 2007. 
Such update may be submitted in classified form.
  (b) Elements to Be Considered.--Each update submitted under 
subsection (a) shall include the following:
          (1) The locations, types, and number of centrifuges 
        and other specialized equipment necessary for the 
        enrichment of nuclear material and any plans to develop 
        and operate such equipment in the future.
          (2) An estimate of the amount, if any, of enriched to 
        weapons-grade uranium materials acquired or produced to 
        date and plutonium acquired or produced and reprocessed 
        into weapons-grade material to date, an estimate of the 
        amount of plutonium that is likely to be produced and 
        reprocessed into weapons-grade material in the near- 
        and midterms and the amount of uranium that is likely 
        to be enriched to weapons-grade levels in the near- and 
        midterms, and the number of nuclear weapons that could 
        be produced with each category of materials.
          (3) A description of the security and safeguards at 
        any nuclear site that could prevent, slow, verify or 
        monitor the enrichment of uranium or the reprocessing 
        of plutonium into weapons-grade materials.
          (4) A description of the weaponization activities, 
        such as the research, design, development, or testing 
        of nuclear weapons or weapons-related components.
          (5) A description of programs to construct, acquire, 
        test, or improve methods to deliver nuclear weapons, 
        including an assessment of the likely progress of such 
        programs in the near- and mid-terms.
          (6) A summary of assessments made by other allies of 
        the United States of Iran's nuclear weapons program and 
        nuclear-capable delivery systems programs.
  (c) Notification.--The President shall notify Congress, in 
writing, within 15 days of determining that--
          (1) the Islamic Republic of Iran has met or surpassed 
        any major milestone in its nuclear weapons program; or
          (2) Iran has undertaken to accelerate, decelerate, or 
        cease the development of any significant element within 
        its nuclear weapons program.
                              ----------                              


5. An Amendment To Be Offered by Representative Smith of Washington, or 
                 His Designee, Debatable for 5 Minutes

  At the end of title X, add the following new section:

SEC. 1071. COMPREHENSIVE INTERAGENCY STRATEGY FOR STRATEGIC 
                    COMMUNICATION AND PUBLIC DIPLOMACY ACTIVITIES OF 
                    THE FEDERAL GOVERNMENT.

  (a) Comprehensive Strategy.--
          (1) Strategy.--The President shall develop a 
        comprehensive interagency strategy for public diplomacy 
        and strategic communication that updates and builds 
        upon the strategy outlined by the Strategic 
        Communication and Public Diplomacy Policy Coordinating 
        Committee in the publication titled ``U.S. National 
        Strategy for Public Diplomacy and Strategic 
        Communication'' (June, 2007).
          (2) Contents.--The strategy required by this 
        subsection shall contain overall objectives, goals, 
        actions to be performed, and benchmarks and timetables 
        for the achievement of such goals and objectives.
          (3) Components.--The strategy shall include the 
        following components:
                  (A) Prioritizing the mission of supporting 
                specific foreign policy objectives, such as 
                counterterrorism and efforts to combat 
                extremist ideology, in parallel and in 
                complement with, as appropriate, the broad 
                mission of communicating the policies and 
                values of the United States to foreign 
                audiences.
                  (B) Consolidating and elevating Federal 
                Government leadership to prioritize, manage, 
                and implement the strategy required by this 
                subsection, including the consideration of 
                establishing strategic communication and public 
                diplomacy positions at the National Security 
                Council and establishing a single office to 
                coordinate strategic communication and public 
                diplomacy efforts.
                  (C) Improving coordination across departments 
                and agencies of the Federal Government on--
                          (i) strategic planning;
                          (ii) research activities, such as 
                        research into the attitudes and 
                        behaviors of foreign audiences; and
                          (iii) the development of editorial 
                        content, including content for Internet 
                        websites and print publications.
                  (D) Developing a more rigorous, research-
                based, targeted approach to strategic 
                communication and public diplomacy efforts, 
                with efforts differentiated for specific target 
                audiences in various countries and regions.
                  (E) Developing more rigorous monitoring and 
                evaluation mechanisms.
                  (F) Making greater use of innovative tools in 
                strategic communication and public diplomacy 
                research and operations, including new media 
                platforms and social research technologies.
                  (G) Making greater use of participation from 
                private sector entities, academic institutions, 
                not-for-profit organizations, and other non-
                governmental organizations in supporting 
                strategic communication and public diplomacy 
                efforts, including the consideration of 
                establishing an independent, not-for-profit 
                organization described in subsection (b).
                  (H) Increasing resources devoted to strategic 
                communication and public diplomacy efforts.
          (4) Reports.--
                  (A) Initial report.--Not later than December 
                31, 2009, the President shall submit to the 
                appropriate committees of Congress a report 
                that describes the strategy required by this 
                subsection.
                  (B) Subsequent reports.--Not less than once 
                every two years after the submission of the 
                initial report under subparagraph (A), the 
                President shall submit to the appropriate 
                committees of Congress a report on--
                          (i) the status of the implementation 
                        of the strategy;
                          (ii) progress toward achievement of 
                        benchmarks; and
                          (iii) any changes to the strategy 
                        since the submission of the previous 
                        report.
  (b) Study of Independent Organization.--
          (1) Study.--The Secretary of State and the Secretary 
        of Defense shall jointly conduct a study assessing the 
        recommendation from the Defense Science Board's Task 
        Force on Strategic Communication to establish an 
        independent, not-for-profit organization responsible 
        for providing independent assessment and strategic 
        guidance to the Federal Government on strategic 
        communication and public diplomacy.
          (2) Scope.--The study shall include--
                  (A) an assessment of the benefits gained by 
                establishing such an organization; and
                  (B) an outline of the potential framework of 
                such an organization, including its 
                organization, mission, capabilities, and 
                operations.
  (c) Report on Roles of Departments or Agencies of the Federal 
Government.--
          (1) Report.--Not later than June 30, 2009, the 
        President shall submit to the appropriate committees of 
        Congress a report--
                  (A) describing the roles of the Department of 
                State and the Department of Defense regarding 
                strategic communication and public diplomacy; 
                and
                  (B) assessing proposals to establish an 
                independent center to support government-wide 
                strategic communication and public diplomacy 
                efforts, including the study described in 
                subsection (b).
          (2) Report elements.--The report shall contain the 
        following:
                  (A) A description of activities performed by 
                the Department of Defense as part of strategic 
                communication, including--
                          (i) efforts to disseminate directly 
                        to foreign audiences messages intended 
                        to shape the security environment of a 
                        combatant command;
                          (ii) psychological operations, 
                        including those in direct support of 
                        contingency operations other than 
                        Operation Enduring Freedom or Operation 
                        Iraqi Freedom, that are intended to 
                        counter extremist and hostile 
                        propaganda or promote stability and 
                        security; and
                          (iii) public affairs programs to 
                        shape the opinions of foreign 
                        audiences.
                  (B) A current description of activities 
                conducted by the Under Secretary for Public 
                Diplomacy and Public Affairs at the Department 
                of State, including--
                          (i) outreach to mass audiences and 
                        strategic audiences, such as opinion 
                        makers, youth, and other targeted 
                        groups, using media, lectures, 
                        information centers, and cultural 
                        events;
                          (ii) use of interactive media 
                        technologies, such as Internet blogs 
                        and social networking websites, to 
                        build relationships and to counter 
                        extremist groups using similar media;
                          (iii) education and exchange 
                        programs;
                          (iv) book translation; and
                          (v) work with non-governmental 
                        organizations and private-sector 
                        partners.
                  (C) A definition of the roles of the offices 
                within the Department of State and the 
                Department of Defense that are engaged in 
                message outreach to audiences abroad.
                  (D) A detailed explanation of how the 
                Department of State and the Department of 
                Defense perform unique strategic communication 
                activities and public diplomacy activities.
                  (E) An explanation of how the Department of 
                State and the Department of Defense coordinate 
                strategic communication and public diplomacy 
                activities in--
                          (i) using polls, focus groups, and 
                        other measures to learn the attitudes 
                        and behavior of foreign audiences;
                          (ii) publishing editorial content on 
                        Internet websites and in print media;
                          (iii) organizing field support for 
                        military information support teams, 
                        civil affairs, and other shared 
                        activities;
                          (iv) using foreign-directed education 
                        and training resources; and
                          (v) training personnel in both 
                        departments by exchanging faculty and 
                        students of the Foreign Service 
                        Institute, the Army War College, the 
                        Naval War College, and other similar 
                        institutions.
  (d) Form and Availability of Reports.--
          (1) Form.--The reports required by this section may 
        be submitted in a classified form.
          (2) Availability.--Any unclassified portions of the 
        reports required by this section shall be made 
        available to the public.
  (e) Appropriate Committees.--For the purposes of this 
section, the appropriate committees of Congress are the 
following:
          (1) The Committees on Foreign Relations, Armed 
        Services, and Appropriations of the Senate.
          (2) The Committees on Foreign Affairs, Armed 
        Services, and Appropriations of the House of 
        Representatives.
                              ----------                              


 6. An Amendment To Be Offered by Representative Franks of Arizona, or 
                 His Designee, Debatable for 20 Minutes

  At the end of title II, add the following new section:

SEC. 2__. INCREASED AMOUNT FOR MISSILE DEFENSE AGENCY.

  (a) Increase.--The amount in section 201(4), research, 
development, test, and evaluation, defense-wide, is hereby 
increased by $719,000,000, to be derived by increasing the 
amounts, as the Secretary of Defense determines, for--
          (1) the Terminal High Altitude Area Defense program;
          (2) the Aegis ballistic missile defense program; and
          (3) the ballistic missile defense testing and targets 
        program.
  (b) Offset.--The total amount authorized in title II for 
research, development, test, and evaluation is hereby reduced 
by $719,000,000, to be derived from any account other than the 
Missile Defense Agency, as determined by the Secretary of 
Defense.
                              ----------                              


7. An Amendment To Be Offered by Representative Tauscher of California, 
                or Her Designee, Debatable for 5 Minutes

  At the end of title X, insert the following new section:

SEC. 1071. NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT TO 
                    THE CONGRESSIONAL COMMISSION ON THE STRATEGIC 
                    POSTURE OF THE UNITED STATES.

  Section 1062 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 476) is amended 
by adding at the end the following new subsection:
  ``(h) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) does not 
apply to the commission, which advises Congress, because the 
Federal Advisory Committee Act applies only to commissions that 
advise the executive branch.''.
                              ----------                              


 8. An Amendment To Be Offered by Representative Boren of Oklahoma, or 
                 His Designee, Debatable for 20 Minutes

  At the end of subtitle D of title III, add the following new 
section:

SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

  Section 526 of the Energy Independence and Security Act of 
2007 (Public Law 110-140; 42 U.S.C. 17142) is amended--
          (1) by striking ``No Federal agency'' and inserting 
        ``(a) Requirement.--Except as provided in subsection 
        (b), no Federal agency''; and
          (2) by adding at the end the following:
  ``(b) Exception.--Subsection (a) does not prohibit a Federal 
agency from entering into a contract to purchase a generally 
available fuel that is not an alternative or synthetic fuel or 
predominantly produced from a nonconventional petroleum source, 
if--
          ``(1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel 
        or fuel from a nonconventional petroleum source;
          ``(2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a 
        nonconventional petroleum source; and
          ``(3) the contract does not provide incentives for a 
        refinery upgrade or expansion to allow a refinery to 
        use or increase its use of fuel from a nonconventional 
        petroleum source.''.
                              ----------                              


 9. An Amendment To Be Offered by Representative Cummings of Maryland, 
                or His Designee, Debatable for 5 Minutes

  In section 595, redesignate subsection (h) as subsection (i) 
and insert after subsection (g) the following new subsection:
  (h) Inclusion of Coast Guard in Senior Military Leadership 
Diversity Commission.--
          (1) Expansion of commission.--The commission shall 
        include two additional members, as follows:
                  (A) 1 retired flag officer of the Coast Guard 
                appointed by the Secretary of Homeland 
                Security, in consultation with the Commandant 
                of the Coast Guard.
                  (B) 1 senior commissioned officer or 
                noncommissioned officer of the Coast Guard on 
                active duty appointed by the Secretary of 
                Homeland Security, in consultation with the 
                Commandant of the Coast Guard.
          (2) Armed forces defined.--In this section, the term 
        ``Armed Forces'' means the Army, Navy, Air Force, 
        Marine Corps, and Coast Guard.
                              ----------                              


      10. An Amendment To Be Offered by Representative Sestak of 
         Pennsylvania, or His Designee, Debatable for 5 Minutes

  Page 282, insert after line 2 the following:
  (a) Minimum Cost Share Per Month.--The Secretary of Defense 
shall ensure that autistic children of members of the Armed 
Forces enrolled in the Extended Care Health Option program 
shall be eligible to receive a minimum of $5,000 per month of 
autistic therapy services.
  Page 282, line 3, strike ``(a)'' and insert ``(b)''.
  Page 282, line 8, strike ``(b)'' and insert ``(c)''.
  Page 282, line 23, strike ``(c)'' and insert ``(d)''.
  Page 282, insert after line 3 the following:
          (3) Extended care health option.--The term ``Extended 
        Care Health Option'' means the program of extended 
        benefits provided pursuant to subsections (d), (e), and 
        (f) of section 1079 of title 10, United States Code.
  (e) Funding.--Of the amount authorized to be appropriated by 
section 1511(a), $29,000,000 is authorized to be used to carry 
out this section.
                              ----------                              


      11. An Amendment To Be Offered by Representative Sestak of 
         Pennsylvania, or His Designee, Debatable for 5 Minutes

  At the end of title II, insert the following new section:

SEC. 239. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP PROGRAM.

  (a) Requirement to Establish.--The Secretary of Defense may 
establish a program to be known as the Visiting NIH Senior 
Neuroscience Fellowship Program (in this section referred to as 
the ``Program'') at the Defense Advanced Research Projects 
Agency (DARPA) and the Defense Center of Excellence for 
Psychological Health and Traumatic Brain Injury (DCoE).
  (b) Activities of the Program.--The Program may--
          (1) provide a partnership between the National 
        Institutes of Health (NIH) and DARPA that will enable 
        identification and funding of the broadest range of 
        innovative, highest quality clinical and experimental 
        neuroscience studies for the benefit of men and women 
        in the Armed Forces;
          (2) provide a partnership between the NIH and the 
        DCoE that will enable identification and funding of 
        clinical and experimental neuroscience studies for the 
        benefit of men and women in the Armed Forces;
          (3) provide a technology transfer mechanism whereby 
        the results of such studies can, where appropriate, be 
        used to enhance the health mission of the NIH for the 
        benefit of the public; and
          (4) provide a military/civilian collaborative 
        environment for neuroscience-based medical problem-
        solving in critical areas impacting both military and 
        civilian life, particularly post-traumatic stress 
        disorder.
                              ----------                              


 12. An Amendment To Be Offered by Representative Buyer of Indiana, or 
                 His Designee, Debatable for 5 Minutes

  At the end of title III, add the following new section:

SEC. 362. FUNDING FOR PROGRAMS RELATING TO DENTAL READINESS FOR THE 
                    ARMY RESERVE.

  Of the amount authorized in section 301(6) to be appropriated 
for fiscal year 2009 for the Army Reserve--
          (1) $22,300,000 is authorized for first term dental 
        readiness; and
          (2) $8,500,000 is authorized for demobilization 
        dental treatment.
                              ----------                              


13. An Amendment To Be Offered by Representative Slaughter of New York, 
                or Her Designee, Debatable for 5 Minutes

  At the end of title VIII, add the following new section:

SEC. 849. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES 
                    RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR 
                    PERSONNEL IN IRAQ AND AFGHANISTAN.

  (a) Requirements for Defense Contractors.--
          (1) In general.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary of 
        Defense shall develop requirements relating to covered 
        offenses allegedly perpetrated by or against contractor 
        personnel in the case of defense contractors performing 
        covered contracts.
          (2) Specific matters covered.-- The requirements 
        developed under paragraph (1) shall include the 
        following:
                  (A) Reporting requirement.--A requirement for 
                defense contractors to report, in a manner 
                prescribed by the Secretary of Defense, covered 
                offenses allegedly perpetrated by or against 
                contractor personnel.
                  (B) Assistance.--A requirement for defense 
                contractors to provide for victim and witness 
                safety, medical assistance, and psychological 
                assistance in the case of a covered offense. 
                The Secretary of Defense shall prescribe 
                regulations to carry out this subparagraph, and 
                the regulations shall be in accordance with 
                regulations of the Department of Defense 
                relating to restricted reporting for sexual 
                assaults.
                  (C) Information.--A requirement that the 
                contractor provide to all contractor personnel 
                who will perform work on the contract, before 
                beginning such work, information on the 
                following:
                          (i) How and where to report an 
                        alleged covered offense.
                          (ii) Where to seek the assistance 
                        required by subparagraph (B).
          (3) Implementation as condition of current and future 
        contracts.--
                  (A) Current contracts.--With respect to any 
                covered contract in effect on the date of the 
                enactment of this Act, the contract shall be 
                modified to include the requirements under 
                paragraph (1) as a condition of the contract.
                  (B) Future contracts.--With respect to any 
                covered contract entered into by the Department 
                of Defense after the date of the enactment of 
                this Act, the requirements developed under 
                paragraph (1) shall be included as a condition 
                of the covered contract.
  (b) Government Requirements.--Beginning not later than 180 
days after the date of the enactment of this Act, the Secretary 
of Defense shall make publicly available a numerical accounting 
of alleged covered offenses reported under this section. The 
information shall be updated no less frequently than quarterly.
  (c) Definitions.--In this section:
          (1) Covered contract.--The term ``covered 
        contract''--
                  (A) means a contract with the Department of 
                Defense performed--
                          (i) in Iraq or Afghanistan; or
                          (ii) in any area designated by the 
                        Secretary as being in support of the 
                        United States mission in Iraq or 
                        Afghanistan; and
                  (B) includes--
                          (i) any subcontract at any tier under 
                        the contract; and
                          (ii) any task order or delivery order 
                        issued under the contract or such a 
                        subcontract.
          (2) Covered offense.--The term ``covered offense'', 
        with respect to a covered contract, means an offense 
        under chapter 212 of title 18, United States Code--
                  (A) that is a crime of violence (as defined 
                in section 16 of such title 18); and
                  (B) that is committed--
                          (i) by or against contractor 
                        personnel; and
                          (ii) in geographic areas where the 
                        covered contract is performed.
          (3) Contractor personnel.--The term ``contractor 
        personnel'' means any person performing work under a 
        covered contract, including individuals and 
        subcontractors at any tier.
                              ----------                              


14. An Amendment To Be Offered by Representative Castle of Delware, or 
                 His Designee, Debatable for 5 Minutes

  Add at the end of subtitle E of title V, the following new 
section:

SEC. 5__. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE ACCESSIBILITY AND 
                    FLEXIBILITY FOR MEMBERS OF THE ARMED FORCES.

  (a) Authority.--The Secretary of a military department may 
enter into one or more education partnership agreements with 
educational institutions in the United States for the purpose 
of--
          (1) developing plans to improve the accessibility and 
        flexibility of college courses available to eligible 
        members of the Armed Forces;
          (2) improving the application process for the Armed 
        Forces tuition assistance programs and raising 
        awareness regarding educational opportunities available 
        to such members;
          (3) developing curriculum, distance education 
        programs, and career counseling designed to meet the 
        professional, financial, academic, and social needs of 
        such members; and
          (4) assessing how resources may be applied more 
        effectively to meet the educational needs of such 
        members.
  (b) Cost.--Except as provided in this section, execution of 
an education partnership agreement with an educational 
institution shall be at no cost to the Government.
  (c) Educational Institution Defined.--In this section, the 
term ``educational institution'' means an accredited college, 
university, or technical school in the United States.
                              ----------                              


15. An Amendment To Be Offered by Representative Waxman of California, 
               or His Designee, Debatable for 20 Minutes

  Add at the end of the bill the following new division:

          DIVISION D--GOVERNMENTWIDE ACQUISITION IMPROVEMENTS

Sec. 4001. Short title.

                     TITLE XLI--ENHANCED COMPETITION

Sec. 4101. Minimizing sole-source contracts.
Sec. 4102. Limitation on length of certain noncompetitive contracts.
Sec. 4103. Requirement for purchase of property and services pursuant to 
          multiple award contracts.

                TITLE XLII--CURBING ABUSE-PRONE CONTRACTS

Sec. 4201. Regulations to minimize the inappropriate use of cost-
          reimbursement contracts.
Sec. 4202. Preventing abuse of interagency contracts.
Sec. 4203. Prohibitions on the use of lead systems integrators.
Sec. 4204. Regulations on excessive pass-through charges.
Sec. 4205. Linking of award and incentive fees to acquisition outcomes.
Sec. 4206. Minimizing abuse of commercial services item authority.

                   TITLE XLIII--ACQUISITION WORKFORCE

Sec. 4301. Acquisition workforce development fund.
Sec. 4302. Contingency contracting corps.

                    TITLE XLIV--ANTI-FRAUD PROVISIONS

Sec. 4401. Protection for contractor employees from reprisal for 
          disclosure of certain information.
Sec. 4402. Mandatory Fraud Reporting.
Sec. 4403. Access of General Accounting Office to Contractor Employees.
Sec. 4404. Preventing conflicts of interest.

                TITLE XLV--ENHANCED CONTRACT TRANSPARENCY

Sec. 4501. Disclosure of CEO salaries.
Sec. 4502. Database for contracting officers and suspension and 
          debarment officials.
Sec. 4503. Review of database.
Sec. 4504. Disclosure in applications.
Sec. 4505. Role of interagency committee.
Sec. 4506. Authorization of independent agencies.
Sec. 4507. Authorization of appropriations.
Sec. 4508. Report to Congress.
Sec. 4509. Improvements to the Federal procurement data system.

SEC. 4001. SHORT TITLE.

  This division may be cited as the ``Clean Contracting Act of 
2008''.

                    TITLE XLI--ENHANCED COMPETITION

SEC. 4101. MINIMIZING SOLE-SOURCE CONTRACTS.

  (a) Plans Required.--Subject to subsection (c), the head of 
each executive agency covered by title III of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 251 
et seq.) or, in the case of the Department of Defense, the 
Under Secretary of Defense for Acquisition, Technology, and 
Logistics, shall develop and implement a plan to minimize, to 
the maximum extent practicable, the use of contracts entered 
into using procedures other than competitive procedures by the 
agency or department concerned. The plan shall contain 
measurable goals and shall be completed and submitted to the 
Committee on Oversight and Government Reform of the House of 
Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Committees on 
Appropriations of the House of Representatives and the Senate 
and, in the case of the Department of Defense and the 
Department of Energy, the Committees on Armed Services of the 
Senate and the House of Representatives, with a copy provided 
to the Comptroller General, not later than 1 year after the 
date of the enactment of this Act.
  (b) Comptroller General Review.--The Comptroller General 
shall review the plans provided under subsection (a) and submit 
a report to Congress on the plans not later than 18 months 
after the date of the enactment of this Act.
  (c) Requirement Limited to Certain Agencies.--The requirement 
of subsection (a) shall apply only to those agencies that 
awarded contracts in a total amount of at least $1,000,000,000 
in the fiscal year preceding the fiscal year in which the 
report is submitted.
  (d) Certain Contracts Excluded.--The contracts entered into 
under the authority of the Small Business Act shall not be 
included in the plans developed and implemented under 
subsection (a), except contracts that are awarded pursuant to 
section 602 of Public Law 100-656 (as amended by section 22 of 
Public Law 101-37 (103 Stat. 75), section 2 of title V of 
Public Law 101-515 (104 Stat. 2140), section 205 of Public Law 
101-574 (104 Stat. 2819), and section 608 of Public Law 103-403 
(108 Stat. 4204)).

SEC. 4102. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.

  (a) Civilian Agency Contracts.--Section 303(d) of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 
253(d)) is amended by adding at the end the following new 
paragraph:
          ``(3)(A) The contract period of a contract described 
        in subparagraph (B) that is entered into by an 
        executive agency pursuant to the authority provided 
        under subsection (c)(2)--
                  ``(i) may not exceed the time necessary--
                          ``(I) to meet the unusual and 
                        compelling requirements of the work to 
                        be performed under the contract; and
                          ``(II) for the executive agency to 
                        enter into another contract for the 
                        required goods or services through the 
                        use of competitive procedures; and
                  ``(ii) may not exceed 270 days unless the 
                head of the executive agency entering into such 
                contract determines that exceptional 
                circumstances apply.
          ``(B) This paragraph applies to any contract in an 
        amount greater than $1,000,000.''.
  (b) Defense Contracts.--Section 2304(d) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
          ``(3)(A) The contract period of a contract described 
        in subparagraph (B) that is entered into by an agency 
        pursuant to the authority provided under subsection 
        (c)(2)--
                  ``(i) may not exceed the time necessary--
                          ``(I) to meet the unusual and 
                        compelling requirements of the work to 
                        be performed under the contract; and
                          ``(II) for the agency to enter into 
                        another contract for the required goods 
                        or services through the use of 
                        competitive procedures; and
                  ``(ii) may not exceed 270 days unless the 
                head of the agency entering into such contract 
                determines that exceptional circumstances 
                apply.
          ``(B) This paragraph applies to any contract in an 
        amount greater than $1,000,000.''.

SEC. 4103. REQUIREMENT FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT 
                    TO MULTIPLE AWARD CONTRACTS.

  (a) Regulations Required.--Not later than 12 months after the 
date of the enactment of this Act, the Federal Acquisition 
Regulation shall be amended to require enhanced competition in 
the purchase of property and services by all executive agencies 
pursuant to multiple award contracts.
  (b) Content of Regulations.--
          (1) In general.--The regulations required by 
        subsection (a) shall provide, at a minimum, that each 
        individual purchase of property or services in excess 
        of the simplified acquisition threshold that is made 
        under a multiple award contract shall be made on a 
        competitive basis unless a contracting officer--
                  (A) waives the requirement on the basis of a 
                determination that--
                          (i) one of the circumstances 
                        described in paragraphs (1) through (4) 
                        of section 303J(b) of the Federal 
                        Property and Administrative Services 
                        Act of 1949 (41 U.S.C. 253j(b)) or 
                        section 2304c(b) of title 10, United 
                        States Code, applies to such individual 
                        purchase; or
                          (ii) a law expressly authorizes or 
                        requires that the purchase be made from 
                        a specified source; and
                  (B) justifies the determination in writing.
          (2) Competitive basis procedures.--For purposes of 
        this subsection, an individual purchase of property or 
        services is made on a competitive basis only if it is 
        made pursuant to procedures that--
                  (A) except as provided in paragraph (3), 
                require fair notice of the intent to make that 
                purchase (including a description of the work 
                to be performed and the basis on which the 
                selection will be made) to be provided to all 
                contractors offering such property or services 
                under the multiple award contract; and
                  (B) afford all contractors responding to the 
                notice a fair opportunity to make an offer and 
                have that offer fairly considered by the 
                official making the purchase.
          (3) Exception to notice requirement.--
                  (A) In general.--Notwithstanding paragraph 
                (2), and subject to subparagraph (B), notice 
                may be provided to fewer than all contractors 
                offering such property or services under a 
                multiple award contract as described in 
                subsection (d)(2) if notice is provided to as 
                many contractors as practicable.
                  (B) Limitation on exception.--A purchase may 
                not be made pursuant to a notice that is 
                provided to fewer than all contractors under 
                subparagraph (A) unless--
                          (i) offers were received from at 
                        least 3 qualified contractors; or
                          (ii) a contracting officer of the 
                        executive agency determines in writing 
                        that no additional qualified 
                        contractors were able to be identified 
                        despite reasonable efforts to do so.
  (c) Public Notice Requirements Related to Sole Source Task or 
Delivery Orders.--Not later than 12 months after the date of 
the enactment of this Act, the Federal Acquisition Regulation 
shall be amended to require the head of each executive agency 
to publish on--
          (1) FedBizOpps notice of all sole source task or 
        delivery orders in excess of the simplified acquisition 
        threshold that are placed against multiple award 
        contracts not later than 14 days after such orders are 
        placed, except in the event of extraordinary 
        circumstances or classified orders; and
          (2) the website of the agency and through a 
        Governmentwide website selected by the Administrator 
        for Federal Procurement Policy the determinations 
        required by (b)(1)(B) related to sole source task or 
        delivery orders placed against multiple award contracts 
        not later than 14 days after such orders are placed, 
        except in the event of extraordinary circumstances or 
        classified orders.
          (3) This subsection does not require the public 
        availability of information that is exempt from public 
        disclosure under section 552(b) of title 5, United 
        States Code.
  (d) Definitions.--In this section:
          (1) The term ``individual purchase'' means a task 
        order, delivery order, or other purchase.
          (2) The term ``multiple award contract'' means--
                  (A) a contract that is entered into by the 
                Administrator of General Services under the 
                multiple award schedule program referred to in 
                section 2302(2)(C) of title 10, United States 
                Code;
                  (B) a multiple award task order contract that 
                is entered into under the authority of sections 
                2304a through 2304d of title 10, United States 
                Code, or sections 303H through 303K of the 
                Federal Property and Administrative Services 
                Act of 1949 (41 U.S.C. 253h through 253k); and
                  (C) any other indefinite delivery, indefinite 
                quantity contract that is entered into by the 
                head of an executive agency with 2 or more 
                sources pursuant to the same solicitation.
          (3) The term ``sole source task or delivery order'' 
        means any order that does not follow the competitive 
        base procedures in paragraphs (b)(2) or (b)(3).
  (e) Applicability.--The regulations required by subsection 
(a) shall apply to all individual purchases of property or 
services that are made under multiple award contracts on or 
after such effective date, without regard to whether the 
multiple award contracts were entered into before, on, or after 
such effective date.

               TITLE XLII--CURBING ABUSE-PRONE CONTRACTS

SEC. 4201. REGULATIONS TO MINIMIZE THE INAPPROPRIATE USE OF COST-
                    REIMBURSEMENT CONTRACTS.

  (a) In General.--Not later than 12 months after the date of 
the enactment of this Act, the Federal Acquisition Regulation 
shall be amended to minimize the inappropriate use of cost-
reimbursement contracts and to ensure the proper use of such 
contracts.
  (b) Content.--The regulations required under subsection (a) 
shall--
          (1) identify, at a minimum--
                  (A) the circumstances under which cost 
                reimbursement contracts or task or delivery 
                orders are appropriate;
                  (B) the acquisition plan facts necessary to 
                support a decision to use cost reimbursement 
                contracts;
                  (C) the acquisition workforce resources 
                necessary to award and manage cost 
                reimbursement contracts; and
          (2) establish a requirement for each executive agency 
        to--
                  (A) annually assess its use of cost-
                reimbursement contracts;
                  (B) establish and implement metrics to 
                measure progress toward minimizing any 
                inappropriate use of cost-reimbursement 
                contracts identified during the assessment 
                process; and
                  (C) prepare and submit an annual report to 
                the Office of Management and Budget assessing 
                progress in meeting the metrics established in 
                (B).
  (c) Comptroller General Evaluations.--Within one year of the 
completion of the first annual reports required by subsection 
(b)(2)(C), the Comptroller General shall review the progress of 
agencies in implementing the regulations required by (a).
  (d) Report.--Subject to subsection (f), the Director of the 
Office of Management and Budget shall submit an annual report 
to Congressional committees identified in subparagraph (e) and 
the Comptroller General on the use of cost-reimbursement 
contracts and task or delivery orders by all Federal agencies, 
including the Department of Defense. The report shall be 
submitted no later than March 1 and will cover the fiscal year 
ending September 30 of the prior year. The report shall 
include--
          (1) the total number and value of contracts awarded 
        and orders issued during the covered fiscal year;
          (2) the number and value of cost-reimbursement 
        contracts awarded and orders issued during the covered 
        fiscal year;
          (3) a list of contracts and task and delivery orders 
        identified in subparagraph (2) exceeding ten million 
        dollars ($10,000,000), whose period of performance, 
        including options, exceeded three years; the reasons 
        why such contracts or orders could not be priced or 
        converted to a fixed-price basis; and the actions being 
        taken by the agency to do so;
          (4) a certification by the contracting agency that 
        for each contract identified in subparagraph (3) that 
        an appropriate number of trained acquisition personnel, 
        consistent with the complexity and risk associated with 
        the contract or order, have been assigned to provide 
        oversight of the contractor's performance; and
          (5) a description of each agency's actions to assure 
        the appropriate use of cost-reimbursement contracts.
  (e) Congressional Committees Defined.--The report required by 
subsection (d) shall be submitted to the Committee on Oversight 
and Government Reform of the House of Representatives; the 
Committee on Homeland Security and Governmental Affairs of the 
Senate; the Committees on Appropriations of the House of 
Representatives and the Senate; and, in the case of the 
Department of Defense and the Department of Energy, the 
Committees on Armed Services of the Senate and the House of 
Representatives.
  (f) Requirements Limited to Certain Agencies.--The 
requirements of subsections (b) and (d) shall apply only to 
those agencies that awarded contracts and issued orders in a 
total amount of at least $1,000,000,000 in the fiscal year 
proceeding the fiscal year in which the assessments and reports 
are submitted.

SEC. 4202. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.

  (a) Office of Management and Budget Policy Guidance.--
          (1) Report and guidelines.--Not later than one year 
        after the date of the enactment of this Act, the 
        Director of the Office of Management and Budget shall--
                  (A) submit to Congress a comprehensive report 
                on interagency acquisitions, including their 
                frequency of use, management controls, cost-
                effectiveness, and savings generated; and
                  (B) issue guidelines to assist the heads of 
                executive agencies in improving the management 
                of interagency acquisitions.
          (2) Matters covered by guidelines.--For purposes of 
        paragraph (1)(B), the Director shall include guidelines 
        on the following matters:
                  (A) Procedures for the use of interagency 
                acquisitions to maximize competition, deliver 
                best value to executive agencies, and minimize 
                waste, fraud, and abuse.
                  (B) Categories of contracting inappropriate 
                for interagency acquisition, due to high risk 
                of waste, fraud, or abuse.
                  (C) Requirements for training acquisition 
                workforce personnel in the proper use of 
                interagency acquisitions.
  (b) Regulations Required.--Not later than one year after the 
date of the enactment of this Act, the Federal Acquisition 
Regulation shall be revised to require that all interagency 
acquisitions--
          (1) include a written agreement between the 
        requesting agency and the servicing agency assigning 
        responsibility for the administration and management of 
        the contract;
          (2) include a determination that an interagency 
        acquisition is the best procurement alternative; and
          (3) include sufficient documentation to ensure an 
        adequate audit.
  (c) Agency Reporting Requirement.--The senior procurement 
executive for each executive agency shall, as directed by the 
Director of the Office of Management and Budget, submit to the 
Director annual reports on the actions taken by the executive 
agency pursuant to the guidelines issued under subsection (a).
  (d) Definitions.--In this section:
          (1) The term ``executive agency'' has the meaning 
        given such term in section 4(1) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403(1)).
          (2) The term ``head of executive agency'' means the 
        head of an executive agency except that, in the case of 
        a military department, the term means the Secretary of 
        Defense.
          (3) The term ``interagency acquisition'' means a 
        procedure by which an executive agency needing supplies 
        or services (the requesting agency) obtains them from 
        another executive agency (the servicing agency). The 
        term includes acquisitions under section 1535 of title 
        31, United States Code (commonly referred to as the 
        ``Economy Act'', Federal Supply Schedules above 
        $500,000, and Governmentwide acquisition contracts.

SEC. 4203. PROHIBITIONS ON THE USE OF LEAD SYSTEMS INTEGRATORS.

  (a) Prohibition on New Lead Systems Integrators.--(1) 
Effective October 1, 2010, the head of an executive agency may 
not award a new contract for lead systems integrator functions 
in the acquisition of a major system.
  (2) Prohibition on Lead Systems Integrators Beyond 
Demonstration Level Phase.--Effective on the date of the 
enactment of this Act, an executive agency may award a new 
contract for lead systems integrator functions in the 
acquisition of a major system only if--
          (A) the contract for the major system does not 
        proceed beyond the demonstration phase-level; or
          (B) the head of the agency determines in writing that 
        it would not be practicable to carry out acquisition 
        without continuing to use a contractor to perform lead 
        systems integrator functions and that doing so is in 
        the best interest of the agency.
  (3) Requirements Relating to Determinations.--A determination 
under paragraph (2)(A)--
          (A) shall specify the reasons why it would not be 
        practicable to carry out the acquisition continuing to 
        use a contractor to perform lead integrator functions 
        (including a discussion of alternatives, such as the 
        use of the agency workforce, or a system engineering 
        and technical assistance contractor);
          (B) shall include a plan for phasing out the use of 
        contracted lead systems integrator functions over the 
        shortest period of time consistent with the interest of 
        the government;
          (C) may not be delegated below the level of the Chief 
        Acquisition Officer; and
          (D) shall be provided to the Committee on Oversight 
        and Government Reform in the House of Representatives 
        and the Committee on Homeland Security and Governmental 
        Affairs in the Senate at least 45 days before the award 
        of a contract pursuant to the determination.
  (b) Acquisition Workforce.--
          (1) Requirement.--The head of an executive agency 
        shall ensure that the acquisition workforce is of the 
        appropriate size and skill level necessary--
                  (A) to accomplish inherently governmental 
                functions related to acquisition of major 
                systems; and
                  (B) to effectuate the purpose of subsection 
                (a) to minimize and eventually eliminate the 
                use of contractors to perform lead systems 
                integrator functions.
          (2) Report.--The head of the agency shall annually 
        include an update on the progress made in complying 
        with paragraph (1) in the agency's Performance and 
        Accountability Report.
  (c) Exception for Contracts for Other Management Services.--
The head of an executive agency may continue to award contracts 
for the procurement of services the primary purpose of which is 
to perform acquisition support functions with respect to the 
development or production of a major system, if the following 
conditions are met with respect to each such contract:
          (1) The contract prohibits the contractor from 
        performing inherently governmental functions.
          (2) The head of the agency responsible for the 
        development or production of the major system ensures 
        that Federal employees are responsible for determining 
        courses of action to be taken in the best interest of 
        the government.
          (3) The contract requires that the prime contractor 
        for the contract may not advise or recommend the award 
        of a contract or subcontract for the development or 
        production of the major system to an entity owned in 
        whole or in part by the prime contractor.
  (d) Definitions.--In this section:
          (1) Lead systems integrator.--The term ``lead systems 
        integrator'' means--
                  (A) a prime contractor for the development or 
                production of a major system, if the prime 
                contractor is not expected at the time of award 
                to perform a substantial portion of the work on 
                the system and the major subsystems; or
                  (B) a prime contractor under a contract for 
                procurement of services the primary purpose of 
                which to perform acquisition functions closely 
                associated with inherently governmental 
                functions with respect to the development or 
                production of a major system.
          (2) Major system.--The term ``major system'' has the 
        meaning given such term in section 2302d of title 10, 
        United States Code.
          (3) Demonstration phase level.--For purposes of this 
        section, the term ``demonstration phase level'' means--
                  (A) work performed prior to first article 
                testing and approval (as defined in part 9.3 of 
                the Federal Acquisition Regulation; or
                  (B) a level comparable to the level 
                identified in subparagraph (A) which the FAR 
                Council determines, by regulation, after 
                consideration of the definition of low-rate 
                initial production (as defined in section 2400 
                of title 10, United States Code.
  (e) Inapplicability to Department of Defense.--This section 
does not apply to the Department of Defense.

SEC. 4204. REGULATIONS ON EXCESSIVE PASS-THROUGH CHARGES.

  (a) Regulations Required.--
          (1) Not later than 180 days after the date of 
        enactment of this Act, the Federal Acquisition 
        Regulation shall be amended ensure that excessive pass-
        through charges on contracts or (or task or delivery 
        orders) are not paid by the Federal Government.
          (2) Scope of regulations.--The regulations prescribed 
        under this subsection--
                  (A) shall not apply to any firm, fixed-price 
                contract or subcontract (or task or delivery 
                order) that is--
                          (i) awarded on the basis of adequate 
                        price competition; or
                          (ii) for the acquisition of a 
                        commercial item, as defined in section 
                        4(12) of the Office of Federal 
                        Procurement Policy Act (41 U.S.C. 
                        403(12)); and
                  (B) may include such additional exceptions as 
                the Federal Acquisition Regulation Council 
                determines to be necessary in the interest of 
                the government.
          (3) Definition.--In this section, the term 
        ``excessive pass-through charge'' means a charge to the 
        Government by the contractor or subcontractor that is 
        for overhead or profit on work performed by a lower-
        tier contractor or subcontractor (other than charges 
        for the direct costs of managing lower-tier contracts 
        and subcontracts and overhead and profit based on such 
        direct costs) and for which the contractor or 
        subcontractor adds no, or negligible, value to a 
        contract or subcontract.
  (b) Inapplicability to Department of Defense.--This section 
does not apply to the Department of Defense.

SEC. 4205. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION OUTCOMES.

  (a) Guidance on Linking of Award and Incentive Fees to 
Acquisition Outcomes.--Not later than 12 months after the date 
of the enactment of this Act, the Federal Acquisition 
Regulation shall be amended to provide executive agencies with 
instructions, including definitions, on the appropriate use of 
award and incentive fees in Federal acquisition programs.
  (b) Elements.--The regulations under subsection (a) shall--
          (1) ensure that all new contracts using award fees 
        link such fees to acquisition outcomes (which shall be 
        defined in terms of program cost, schedule, and 
        performance);
          (2) establish standards for identifying the 
        appropriate level of officials authorized to approve 
        the use of award and incentive fees in new contracts;
          (3) provide guidance on the circumstances in which 
        contractor performance may be judged to be 
        ``excellent'' or ``superior'' and the percentage of the 
        available award fee which contractors should be paid 
        for such performance;
          (4) establish standards for determining the 
        percentage of the available award fee, if any, which 
        contractors should be paid for performance that is 
        judged to be ``acceptable'', ``average'', ``expected'', 
        ``good'', or ``satisfactory'';
          (5) ensure that no award fee may be paid for 
        contractor performance that is judged to be below 
        satisfactory performance or performance that does not 
        meet the basic requirements of the contract;
          (6) provide specific direction on the circumstances, 
        if any, in which it may be appropriate to roll over 
        award fees that are not earned in one award fee period 
        to a subsequent award fee period or periods;
          (7) ensure consistent use of guidelines and 
        definitions relating to award and incentive fees across 
        the Federal Government;
          (8) ensure that each executive agency--
                  (A) collects relevant data on award and 
                incentive fees paid to contractors; and
                  (B) has mechanisms in place to evaluate such 
                data on a regular basis;
          (9) include performance measures to evaluate the 
        effectiveness of award and incentive fees as a tool for 
        improving contractor performance and achieving desired 
        program outcomes; and
          (10) provide mechanisms for sharing proven incentive 
        strategies for the acquisition of different types of 
        products and services among contracting and program 
        management officials.

SEC. 4206. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.

  (a) Regulations Required.--Not later than 180 days after the 
date of the enactment of this Act, the Federal Acquisition 
Regulation shall be amended for the procurement of commercial 
services.
  (b) Applicability of Commercial Procedures.--
          (1) Services of a type sold in marketplace.--The 
        regulations modified pursuant to subsection (a) shall 
        ensure that services that are not offered and sold 
        competitively in substantial quantities in the 
        commercial marketplace, but are of a type offered and 
        sold competitively in substantial quantities in the 
        commercial marketplace, may be treated as commercial 
        items for purposes of section 254b of title 41, United 
        States Code (relating to truth in negotiations), only 
        if the contracting officer determines in writing that 
        the offeror has submitted sufficient information to 
        evaluate, through price analysis, the reasonableness of 
        the price for such services.
          (2) Information submitted.--To the extent necessary 
        to make a determination under paragraph (1), the 
        contracting officer may request the offeror to submit--
                  (A) prices paid for the same or similar 
                commercial items under comparable terms and 
                conditions by both government and commercial 
                customers; and
                  (B) if the contracting officer determines 
                that the information described in subparagraph 
                (A) is not sufficient to determine the 
                reasonableness of price, other relevant 
                information regarding the basis for price or 
                cost, including information on labor costs, 
                material costs, and overhead rates.
  (c) Time-and-Materials Contracts.--
          (1) Commercial item acquisitions.--The regulations 
        pursuant to subsection (a) shall ensure that procedures 
        applicable to time-and-materials contracts and labor-
        hour contracts for commercial item acquisitions may be 
        used only for the following:
                  (A) Services procured for support of a 
                commercial item, as described in section 
                4(12)(E) of the Office Federal Procurement 
                Policy Act (41 U.S.C. 403(12)(E)).
                  (B) Emergency repair services.
                  (C) Any other commercial services only to the 
                extent that the head of the agency concerned 
                approves a determination in writing by the 
                contracting officer that--
                          (i) the services to be acquired are 
                        commercial services as defined in 
                        section 4(12)(F) of the Office of 
                        Federal Procurement Policy Act (41 
                        U.S.C. 403(12)(F));
                          (ii) if the services to be acquired 
                        are subject to subsection (b), the 
                        offeror of the services has submitted 
                        sufficient information in accordance 
                        with that subsection;
                          (iii) such services are commonly sold 
                        to the general public through use of 
                        time-and-materials or labor-hour 
                        contracts; and
                          (iv) the use of a time-and-materials 
                        or labor-hour contract type is in the 
                        best interest of the Government.
          (2) Non-commercial item acquisitions.--Nothing in 
        this subsection shall be construed to preclude the use 
        of procedures applicable to time-and-materials 
        contracts and labor-hour contracts for non-commercial 
        item acquisitions for the acquisition of any category 
        of services.

                   TITLE XLIII--ACQUISITION WORKFORCE

SEC. 4301. ACQUISITION WORKFORCE DEVELOPMENT FUND.

  (a) Purpose.--The purpose of this section is to ensure that 
there are resources available to recruit, hire, educate, train 
and retain members of the Federal acquisition workforce with 
the requisite competencies and skills to ensure that the 
government receives best value property and services in its 
acquisitions.
  (b) Establishment of Fund.--Title III of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 101, et 
seq.) is amended by adding at the end the following new 
section:

``SEC. 324. ACQUISITION WORKFORCE DEVELOPMENT FUND.

  ``(a) The Administrator of General Services shall establish 
an acquisition workforce development fund.
          ``(1) The Administrator shall manage the fund through 
        the Federal Acquisition Institute to recruit, hire, 
        educate, train and retain members of the acquisition 
        workforce of the executive agencies other than the 
        Department of Defense.
          ``(2) The Administrator, in consultation with the 
        Administrator for Federal Procurement Policy and the 
        Chief Acquisition Officers or Senior Procurement 
        Executives, as appropriate, of the executive agencies, 
        other than the Department of Defense, shall issue 
        detailed guidance for the administration and use of the 
        Fund. Such guidance shall include provisions--
                  ``(A) requiring agencies to identify members 
                of their acquisition workforce consistent with 
                section 433(i) of title 41.
                  ``(B) identifying areas of need in the 
                acquisition workforce for which amounts in the 
                Fund may be used, including--
                          ``(i) changes to the types of skills 
                        needed;
                          ``(ii) incentives to retain 
                        qualified, experienced personnel; and
                          ``(iii) incentives for attracting 
                        new, high-quality personnel;
                  ``(C) describing the manner and timing for 
                applications for amounts in the Fund to be 
                submitted;
                  ``(D) describing the evaluation criteria to 
                be used for approving or prioritizing 
                applications for amounts in the Fund in any 
                fiscal year; and
                  ``(E) describing measurable objectives of 
                performance for determining whether amounts in 
                the Fund are being used in compliance with this 
                section.
          ``(3) The Director of the Office of Management and 
        Budget shall be the approving official for any 
        disbursements from the Fund.
          ``(4) The costs of administering the fund, including 
        the direct and indirect costs of those employees, not 
        to exceed 5 percent per annum, shall be paid out of the 
        fund.
          ``(5) Amounts in the fund may not be used to pay the 
        base salary of any full-time equivalent position 
        currently filled as of date of enactment of the Clean 
        Contracting Act of 2008.
  ``(b) There shall be credited to the acquisition workforce 
development fund the following percentages of the value of 
funds expended by executive agencies for service contracts, 
other than services relating to research and development and 
services relating to construction:
          ``(1) for fiscal year 2009, 0.5 percent.
          ``(2) for fiscal year 2010, 1 percent.
          ``(3) for fiscal year 2011, 1.5 percent.
          ``(4) for any fiscal year after fiscal year 2011, 2 
        percent.
  ``(c) The Director of the Office and Management and Budget 
may reduce the amount to be credited upon a determination that 
the funds being credited are excess to the needs of the 
acquisition workforce development fund. In no event shall the 
Director of the Office of Management Budget reduce the 
percentage for any fiscal year below a percentage that results 
in the deposit in a fiscal year of an amount equal to the 
following
          ``(1) for fiscal year 2009, 75,000,000.
          ``(2) for fiscal year 2010, 100,000,000.
          ``(3) for fiscal year 2011, 125,000,000.
          ``(4) for an fiscal year after 2011, 150,000,000.
  ``(d) Not later than 30 days after the end of fiscal year 
2008, and 30 days after the end of each fiscal year quarter 
thereafter, the head of each executive agency shall remit to 
the General Services Administration the amount required to be 
credited to the fund with respect to the contracts, leases, 
task and delivery order described in subsection (b).
  ``(e) The Administrator of General Services, through the 
Office of the Chief Acquisition Officer, shall ensure that 
funds collected under this section are not used for any 
purposes other than the purposes specified in subsection (a).
  ``(f) Amounts credited to the fund shall be in addition to 
funds requested and appropriated for salaries, benefits, 
education and training for all current acquisition workforce 
members.
  ``(g) Amounts credited to the fund shall remain available 
until expended.
  ``(h) Not later than 60 days after the end of each fiscal 
year beginning with fiscal year 2008, the Administrator of 
General Services shall submit to the congressional committees 
identified in subsection (i) a report on the operation of the 
fund during such fiscal year. Each report shall include, for 
the fiscal year covered by such report, the following:
          ``(1) A statement of the amounts remitted to the 
        Administrator for crediting to the Fund for such fiscal 
        year by each executive agency and a statement of the 
        amounts credited to the Fund.
          ``(2) A description of the expenditures made from the 
        Fund, including the purpose of such expenditures.
          ``(3) A description and assessment of improvements in 
        the Federal acquisition workforce resulting from such 
        expenditures, including the extent to which the fund 
        has been used to increase the number of individuals in 
        the acquisition workforce relative to the number of 
        individuals in the acquisition workforce as of the date 
        of enactment.
          ``(4) Recommendations for additional authorities to 
        fulfill the purpose of the Fund.
          ``(5) A statement of the balance remaining in the 
        Fund at the end of such fiscal year.
  ``(i) The report required by subsection (h) shall be 
submitted to the Committee on Oversight and Government Reform 
of the House of Representatives; the Committee on Homeland 
Security and Governmental Affairs of the Senate; and the 
Committees on Appropriations of the House of Representatives 
and the Senate.
  ``(j) No expired balances appropriated prior to the date of 
the enactment of the Clean Contracting Act of 2008 may be used 
to make any payment to the Acquisition Workforce Development 
Fund.''.
  (c) Exception.--This section and the amendments made by this 
section shall not apply to the acquisition workforce of the 
Department of Defense.

SEC. 4302. CONTINGENCY CONTRACTING CORPS.

  The Office of Federal Procurement Policy Act (41 U.S.C. 403 
et seq.), as amended by section 102, is further amended by 
adding at the end the following new section:

``SEC. 44. CONTINGENCY CONTRACTING CORPS.

  ``(a) Establishment.--The Administrator of General Services 
in consultation with the Director of the Office of Management 
and Budget, the Secretary of Defense and the Secretary of 
Homeland Security, shall establish a Governmentwide Contingency 
Contracting Corps (in this section, referred to as the 
`Corps'). The members of the Corps shall be available for 
deployment in responding to an emergency or major disaster, or 
a contingency operation, within or outside the continental 
United States.
  ``(b) Applicability.--The authorities provided in this 
section apply with respect to any procurement of property or 
services by or for an executive agency that, as determined by 
the head of such executive agency, are to be used--
          ``(1) in support of a contingency operation as 
        defined in section 101(a)(13) of title 10, United 
        States Code; or
          ``(2) to respond to an emergency or major disaster as 
        defined in section 5122 of title 41, United States 
        Code.
  ``(c) Membership.--Membership in the Corps shall be voluntary 
and open to all Federal employees and uniformed members of the 
Armed Services, who are currently members of the Federal 
acquisition workforce. As a condition precedent to membership 
in the Corps, each volunteer will execute a mobility agreement 
consistent with the provisions included in sections 3371 
through 3375 of title 5, United States Code.
  ``(d) Education and Training.--The Director of the Federal 
Acquisition Institute, in consultation with the Chief 
Acquisition Officers Council shall establish educational and 
training requirements for members of the Corps, and shall pay 
for these additional requirements from funds available in the 
acquisition workforce development fund or the Department of 
Defense Acquisition Workforce Development Fund.
  ``(e) Clothing and Equipment.--The Administrator shall 
identify any necessary clothing and equipment requirements, and 
shall pay for this clothing and equipment from funds available 
in the acquisition workforce development fund or the Department 
of Defense Acquisition Workforce Development Fund.
  ``(f) Salary.--The salaries for members of the Corps shall be 
paid by their parent agencies out of funds available.
  ``(g) Authority To Deploy the Corps.--The Director of the 
Office of Management and Budget shall have the authority to 
determine when members of the Corps shall be deployed, in 
consultation with the head of the agency or agencies employing 
the members to be deployed.
  ``(h) Annual Report.--
          ``(1) In general.--The Administrator of General 
        Services shall provide to the Committee on Homeland 
        Security and Governmental Affairs and the Committee on 
        Armed Services of the Senate and the Committee on 
        Oversight and Government Reform and the Committee on 
        Armed Services of the House of Representatives an 
        annual report on the status of the Contingency 
        Contracting Corps as of September 30 of each fiscal 
        year.
          ``(2) Content.--At a minimum, each report under 
        paragraph (1) shall include the number of members of 
        the Contingency Contracting Corps, the total cost of 
        operating the program, the number of deployments of 
        members of the program, and the performance of members 
        of the program in deployment.''.

                   TITLE XLIV--ANTI-FRAUD PROVISIONS

SEC. 4401. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR 
                    DISCLOSURE OF CERTAIN INFORMATION.

  (a) Increased Protection From Reprisal.--Subsection (a) of 
section 315 of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 265(a), is amended--
          (1) by striking ``disclosing to a Member of 
        Congress'' and inserting ``disclosing to a Member of 
        Congress, a representative of a committee of Congress, 
        an Inspector General, the Government Accountability 
        Office, an employee of an executive agency responsible 
        for contract oversight or management,''; and
          (2) by striking ``information relating to a 
        substantial violation of law related to a contract 
        (including the competition for or negotiation of a 
        contract)'' and inserting ``information that the 
        employee reasonably believes is evidence of gross 
        mismanagement of an executive agency contract or grant, 
        a gross waste of executive agency funds, a substantial 
        and specific danger to public health or safety, or a 
        violation of law related to an executive agency 
        contract (including the competition for or negotiation 
        of a contract) or grant''.
  (b) Clarification of Inspector General Determination.--
Subsection (b) of such section is amended--
          (1) by inserting ``(1)'' after ``Investigation of 
        Complaints.--'' and
          (2) by adding at the end the following new paragraph:
  ``(2)(A) Except as provided under subparagraph (B), the 
Inspector General shall make a determination that a complaint 
is frivolous or submit a report under paragraph (1) within 180 
days after receiving the complaint.
  ``(B) If the Inspector General is unable to complete an 
investigation in time to submit a report within the 180-day 
period specified in subparagraph (A) and the person submitting 
the complaint agrees to an extension of time, the Inspector 
General shall submit a report under paragraph (1) within such 
additional period of time as shall be agreed upon between the 
Inspector General and the person submitting the complaint.''.
  (c) Acceleration of Schedule for Denying Relief or Providing 
Remedy.--Subsection (c) of such section is amended in paragraph 
(1), by striking ``If the head of an executive agency 
determines that a contractor has subjected a person to a 
reprisal prohibited by subsection (a), the head of the agency 
may'' and inserting after ``(1)'' the following: ``Not later 
than 30 days after receiving an Inspector General report 
pursuant to subsection (b), the head of an executive agency 
concerned shall determine whether there is sufficient basis to 
conclude that the contractor concerned has subjected the 
complainant to a reprisal prohibited by subsection (a) and 
shall either issue an order denying relief or shall''.
  (d) Definitions.--Subsection (e) of such section is amended 
in paragraph (2), by inserting ``or a grant'' after ``a 
contract''.

SEC. 4402. MANDATORY FRAUD REPORTING.

  (a) Amendment of Federal Acquisition Regulation.--The Federal 
Acquisition Regulation shall be amended within 180 days after 
the date of the enactment of this Act pursuant to FAR Case 
2007-006 (as published at 72 Fed Reg. 64019, November 14, 2007) 
or any follow-on FAR case to include provisions that require 
timely notification by Federal contractors of violations of 
Federal criminal law or overpayments in connection with the 
award or performance of covered contracts or subcontracts, 
including those performed outside the United States and those 
for commercial items.
  (b) Covered Contract Defined.--In this section, the term 
``covered contract'' means any contract in an amount greater 
than $5,000,000 and more than 120 days in duration.

SEC. 4403. ACCESS OF GENERAL ACCOUNTING OFFICE TO CONTRACTOR EMPLOYEES.

  (a) Civilian Agencies.--Section 304C of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 254d) is 
amended in subsection (c)(1) by inserting after ``records'' ``, 
or interview any employee,''.
  (b) Defense Agencies.--Section 2313 of title 10, United 
States Code, is amended in subsection (c)(1) by inserting after 
``records'' ``, or interview any employee,''.

SEC. 4404. PREVENTING CONFLICTS OF INTEREST.

  (a) Organizational Conflicts of Interest.--Not later than 12 
months after the date of the enactment of this Act, the 
Administrator of the Office of Federal Procurement Policy shall 
review the Federal Acquisition Regulation to determine whether 
it contains sufficiently rigorous, comprehensive, and uniform 
Governmentwide policies to prevent and mitigate organizational 
conflicts of interest in Federal contracting. In reviewing such 
regulations, the Administrator and the Federal Acquisition 
Regulatory Council, in consultation with the Office of 
Government Ethics, shall, at a minimum, make appropriate 
revisions to the regulations to--
          (1) establish a standard organizational conflict of 
        interest clause, or a set of standard organizational 
        conflict of interest clauses, for inclusion in 
        solicitations and contracts that set forth the 
        contractor's responsibilities with respect to its 
        employees, subcontractors, partners, and any other 
        affiliated organizations or individuals;
          (2) address conflicts that may arise in the context 
        of developing requirements and statements of work, the 
        selection process, and contract administration;
          (3) ensure that adequate organizational conflict of 
        interest safeguards are enacted in situations in which 
        contractors are employed by the Federal Government to 
        oversee other contractors or are hired to assist in the 
        acquisition process; and
          (4) ensure that any policies or clauses developed 
        address conflicts of interest that may arise from 
        financial interests, unfair competitive advantages, and 
        impaired objectivity.
  (b) Personal Conflicts of Interest.--Not later than 12 months 
after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be amended to establish uniform, 
Governmentwide policies to prevent personal conflicts of 
interest by contractor employees in Federal contracting. In 
developing such regulations, the Federal Acquisition Regulatory 
Council, in consultation with the Office of Government Ethics, 
shall, at a minimum--
          (1) develop a standard contractor employee personal 
        conflicts of interest clause or a set of standard 
        clauses for inclusion in solicitations and contracts 
        that set forth the contractor's responsibility to 
        ensure that employees who are performing contracted 
        services for the Federal Government are free of 
        personal conflicts of interest;
          (2) identify the contracting methods, types and 
        services that raise heightened concerns for potential 
        conflicts of interest; and
          (3) establish specified principles, examples, a 
        definition of personal conflicts of interest relevant 
        to contractor employees working on Federal Government 
        contracts, specific prohibitions, and where applicable, 
        greater disclosure for certain contractor employees, 
        that will accomplish the end objective of ethical 
        behavior.
  (c) Best Practices.--The Administrator of the Office of 
Federal Procurement Policy, in consultation with the Office of 
Governmentwide Ethics, shall develop and maintain a repository 
of best practices relating to the prevention and mitigation of 
organizational and personal conflicts of interest.

               TITLE XLV--ENHANCED CONTRACT TRANSPARENCY

SEC. 4501. DISCLOSURE OF CEO SALARIES.

  (a) Disclosure Requirements.--Section 2(b)(1) of the Federal 
Funding Accountability and Transparency Act (Public Law 109-
282; 31 U.S.C. 6101 note) is amended--
          (1) by striking ``and'' at the end of subparagraph 
        (E);
          (2) by redesignating subparagraph (F) as subparagraph 
        (G); and
          (3) by inserting after subparagraph (E) the following 
        new subparagraph:
                  ``(F) the names and total compensation of the 
                five most highly compensated officers of the 
                entity if--
                          ``(i) the entity in the preceding 
                        fiscal year received--
                                  ``(I) 80 percent or more of 
                                its annual gross revenues in 
                                Federal awards; and
                                  ``(II) $25,000,000 or more in 
                                annual gross revenues from 
                                Federal awards; and
                          ``(ii) the public does not have 
                        access to information about the 
                        compensation of the senior executives 
                        of the entity through periodic reports 
                        filed under section 13(a) or 15(d) of 
                        the Securities Exchange Act of 1934 (15 
                        U.S.C. 78m(a), 78o(d)) or section 6104 
                        of the Internal Revenue Code of 
                        1986.''.
  (b) Regulations Required.--The Director of the Office of 
Management and Budget shall promulgate regulations to implement 
the amendment made by this title. Such regulations shall 
include a definition of ``total compensation'' that is 
consistent with regulations of the Securities and Exchange 
Commission at section 402 of part 229 of title 17 of the Code 
of Federal Regulations (or any subsequent regulation).

SEC. 4502. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND 
                    DEBARMENT OFFICIALS.

  (a) In General.--Subject to the authority, direction, and 
control of the Director of the Office of Management and Budget, 
the Administrator of General Services shall establish and 
maintain a database of information regarding integrity and 
performance of persons awarded Federal contracts and grants for 
use by Federal officials having authority over contracts and 
grants.
  (b) Persons Covered.--The database shall cover any person 
awarded a Federal contract or grant if any information 
described in subsection (c) exists with respect to such person.
  (c) Information Included.--With respect to a person awarded a 
Federal contract or grant, the database shall include 
information (in the form of a brief description) for at least 
the most recent 5-year period regarding--
          (1) any civil or criminal proceeding, or any 
        administrative proceeding to the extent that such 
        proceeding results in both a finding of fault on the 
        part of the person and the payment of restitution to a 
        government of $5,000 or more, concluded by the Federal 
        Government or any State government against the person, 
        and any amount paid by the person to the Federal 
        Government or a State government;
          (2) all Federal contracts and grants awarded to the 
        person that were terminated in such period due to 
        default;
          (3) all Federal suspensions and debarments of the 
        person in that period;
          (4) all Federal administrative agreements entered 
        into by the person and the Federal Government in that 
        period to resolve a suspension or debarment proceeding 
        and, to the maximum extent practicable, agreements 
        involving a suspension or debarment proceeding entered 
        into by the person and a State government in that 
        period; and
          (5) all final findings by a Federal official in that 
        period that the person has been determined not to be a 
        responsible source under either subparagraph (C) or (D) 
        of section 4(7) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403(7)).
  (d) Requirements Relating to Information in Database.--
          (1) Direct input and update.--The Administrator shall 
        design and maintain the database in a manner that 
        allows the appropriate officials of each Federal agency 
        to directly input and update in the database 
        information relating to actions it has taken with 
        regard to contractors or grant recipients.
          (2) Timeliness and accuracy.--The Administrator shall 
        develop policies to require--
                  (A) the timely and accurate input of 
                information into the database;
                  (B) notification of any covered person when 
                information relevant to the person is entered 
                into the database; and
                  (C) an opportunity for any covered person to 
                append comments to information about such 
                person in the database.
  (e) Availability.--
          (1) Availability to all federal agencies.--The 
        Administrator shall make the database available to all 
        Federal agencies.
          (2) Availability to the public.--The Administrator 
        shall make the database available to the public by 
        posting the database on the General Services 
        Administration website.
          (3) Limitation.--This subsection does not require the 
        public availability of information that is exempt from 
        public disclosure under section 552(b) of title 5, 
        United States Code.

SEC. 4503. REVIEW OF DATABASE.

  (a) Requirement to Review Database.--Prior to the award of a 
contract or grant, an official responsible for awarding a 
contract or grant shall review the database established under 
section 2.
  (b) Requirement to Document Present Responsibility.--In the 
case of a prospective awardee of a contract or grant against 
which a judgment or conviction has been rendered more than once 
within any 3-year period for the same or similar offences, if 
each judgment or conviction is a cause for debarment, the 
official responsible for awarding the contract or grant shall 
document why the prospective awardee is considered presently 
responsible.

SEC. 4504. DISCLOSURE IN APPLICATIONS.

  (a) Requirement.--Not later than 180 days after the date of 
the enactment of this Act, Federal regulations shall be amended 
to require that in applying for any Federal grant or submitting 
a proposal or bid for any Federal contract a person shall 
disclose in writing information described in section 2(c).
  (b) Covered Contracts and Grants.--This section shall apply 
only to contracts and grants in an amount greater than the 
simplified acquisition threshold, as defined in section 4(11) 
of the Office of Federal Procurement Policy Act (41 U.S.C. 
401(11)).

SEC. 4505. ROLE OF INTERAGENCY COMMITTEE.

  (a) Requirement.--The Interagency Committee on Debarment and 
Suspension shall--
          (1) resolve issues regarding which of several Federal 
        agencies is the lead agency having responsibility to 
        initiate suspension or debarment proceedings;
          (2) coordinate actions among interested agencies with 
        respect to such action;
          (3) encourage and assist Federal agencies in entering 
        into cooperative efforts to pool resources and achieve 
        operational efficiencies in the Governmentwide 
        suspension and debarment system;
          (4) recommend to the Office of Management and Budget 
        changes to Government suspension and debarment system 
        and its rules, if such recommendations are approved by 
        a majority of the Interagency Committee;
          (5) authorize the Office of Management and Budget to 
        issue guidelines that implement those recommendations;
          (6) authorize the chair of the Committee to establish 
        subcommittees as appropriate to best enable the 
        Interagency Committee to carry out its functions; and
          (7) submit to the Congress an annual report on--
                  (A) the progress and efforts to improve the 
                suspension and debarment system;
                  (B) member agencies' active participation in 
                the committee's work; and
                  (C) a summary of each agency's activities and 
                accomplishments in the Governmentwide debarment 
                system.
  (b) Definition.--The term ``Interagency Committee on 
Debarment and Suspension'' means such committee constituted 
under sections 4 and 5 and of Executive Order 12549.

SEC. 4506. AUTHORIZATION OF INDEPENDENT AGENCIES.

  Any agency, commission, or organization of the Federal 
Government to which Executive Order 12549 does not apply is 
authorized to participate in the Governmentwide suspension and 
debarment system and may recognize the suspension or debarment 
issued by an executive branch agency in its own procurement or 
assistance activities.

SEC. 4507. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Administrator 
of General Services such funds as may be necessary to establish 
the database described in section 2.

SEC. 4508. REPORT TO CONGRESS.

  (a) Report Required.--Not later than 180 days after the date 
of the enactment of this Act, the Administrator of General 
Services shall submit to Congress a report.
  (b) Contents of Report.--The report shall contain the 
following:
          (1) A list of all databases that include information 
        about Federal contracting and Federal grants.
          (2) Recommendations for further legislation or 
        administrative action that the Administrator considers 
        appropriate to create a centralized, comprehensive 
        Federal contracting and Federal grant database.

SEC. 4509. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.

  (a) Enhanced Transparency on Interagency Contracting and 
Other Transactions.--Not later than 12 months after the date of 
the enactment of this Act, the Director of the Office of 
Management and Budget shall direct appropriate revisions to the 
Federal Procurement Data System or any successor system to 
facilitate the collection of complete, timely, and reliable 
data on interagency contracting actions and on transactions 
other than contracts, grants, and cooperative agreements issued 
pursuant to section 2371 of title 10, United States Code, or 
similar authorities. The Director shall ensure that data, 
consistent with what is collected for contract actions, is 
obtained on--
          (1) interagency contracting actions, including data 
        at the task or delivery-order level; and
          (2) other transactions, including the initial award 
        and any subsequent modifications awarded or orders 
        issued.
  (b) Amendment.--Subsection (d) of section 19 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to 
read as follows:
  ``(d) Transmission and Data Entry of Information.--The head 
of each executive agency shall ensure the accuracy of the 
information included in the record established and maintained 
by such agency under subsection (a) and shall timely transmit 
such information to the General Services Administration for 
entry into the Federal Procurement Data System referred to in 
section 6(d)(4), or any successor system.''.
                              ----------                              


16. An Amendment To Be Offered by Representative LaHood of Illinois, or 
                 His Designee, Debatable for 5 Minutes

  At the end of title V, add the following new section:

SEC. 5__. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT ZONES OF 
                    DUAL-MILITARY COUPLES WHO HAVE MINOR DEPENDENTS.

  (a) Authority to Obtain Deferment.--In the case of a member 
of the Armed Forces with minor dependents who has a spouse who 
is also a member of the Armed Forces, and the spouse is 
deployed in an area for which imminent danger pay is authorized 
under section 310 of title 37, United States Code, the member 
may request a deferment of a deployment to such an area until 
the spouse returns from such deployment.
  (b) Repeal of Limited Authority.--Section 586 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 11-
181; 112 Stat. 132; 10 U.S.C. 991 note) is amended by striking 
the second sentence.
                              ----------                              


17. An Amendment To Be Offered by Representative Woolsey of California, 
                or Her Designee, Debatable for 5 Minutes

  At the end of subtitle E of title XXVIII add the following 
new section:

SEC. 28__. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMISSIONED 
                    NAVAL SECURITY GROUP ACTIVITY, SKAGGS ISLAND, 
                    CALIFORNIA.

  (a) Transfer Memorandum of Agreement.--The Secretary of the 
Navy and the Secretary of the Interior shall negotiate a 
memorandum of agreement that stipulates the conditions upon 
which the decommissioned Naval Security Group Activity, Skaggs 
Island, Sonoma, California shall be transferred from the 
administrative jurisdiction of the Department of the Navy to 
the United States Fish and Wildlife Service for inclusion in 
the National Wildlife Refuge System.
  (b) Acceptance of Donations; Use.--The Secretary of the Navy 
and the Secretary of the Interior may accept contributions from 
the State of California and other entities to help cover the 
costs of demolishing and removing structures on the property 
described in subsection (a) and to facilitate future 
environmental restoration that furthers the ultimate end use of 
the property for conservation purposes. Amounts received may be 
merged with other amounts available to the Secretaries to carry 
out this section and shall remain available, without further 
appropriation and until expended.
                              ----------                              


18. An Amendment To Be Offered by Representative Berman of California, 
               or His Designee, Debatable for 10 Minutes

  In section 1602, add at the end the following new paragraph:
          (5) The President's Fiscal Year 2009 Budget Request 
        to Congress includes $248.6 million for a Civilian 
        Stabilization Initiative that would vastly improve 
        civilian partnership with United States Armed Forces in 
        post-conflict stabilization situations, including by 
        establishing a Active Response Corps of 250 persons, a 
        Standby Response Corps of 2,000 persons, and a Civilian 
        Response Corps of 2,000 persons.
  In section 1604, in the proposed new section 618 to the 
Foreign Assistance Act of 1961, in the proposed new subsection 
(b) of such proposed new section, strike ``2008, 2009, and 
2010'' and insert ``2009, 2010, and 2011''.
  In section 1604, in the proposed new section 618 to the 
Foreign Assistance Act of 1961, in the proposed new subsection 
(b) of such proposed new section, strike ``$100,000,000'' and 
insert ``$200,000,000''.
                              ----------                              


 19. An Amendment To Be Offered by Representative Porter of Nevada, or 
                 His Designee, Debatable for 5 Minutes

  Page 283, after line 3, add the following new section:

SEC. 734. SUICIDE RISK BY MILITARY OCCUPATION.

  (a) Study.--The Secretary of Defense shall conduct a study to 
identify the mental health risks associated with the 
performance of military duties.
  (b) Elements.--The study shall include the following 
elements:
          (1) An assessment of suicide incidence by military 
        occupation.
          (2) An identification of military occupations with a 
        high incidence of suicide.
          (3) An evaluation of current suicide prevention 
        programs for those military occupations with a high 
        incidence of suicide.
          (4) An assessment of the need for additional suicide 
        prevention programs specific to military occupations 
        with a high incidence of suicide.
  (c) Report.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Defense shall submit to 
the Congressional Defense Committees a report on the findings 
of the study. The report shall include any recommendations for 
improving suicide prevention programs for military occupations 
with a high incidence of suicide.
                              ----------                              


    20. An Amendment To Be Offered by Representative Capito of West 
           Virginia, or Her Designee, Debatable for 5 Minutes

  At the end of title V, add the following new section:

SEC. 5__. ADDITIONAL FUNDS TO CARRY OUT FUNERAL HONOR FUNCTIONS AT 
                    FUNERALS FOR VETERANS.

  (a) Additional Funds.--The amount made available in section 
421 is hereby increased by $3,000,000, of which $1,000,000 
shall be available to the Secretary of the Army, $1,000,000 
shall be available to the Secretary of the Navy, and $1,000,000 
shall be available to the Secretary of the Air Force to comply 
with the requirements of section 1491 of title 10, United 
States Code.
  (b) Corresponding Offset.--The amount provided in section 
201(1) for research, development, test, and evaluation, Army, 
is hereby reduced by $3,000,000, to be derived from the basic 
research under the University Research Initiatives.
                              ----------                              


 21. An Amendment To Be Offered by Representative Cooper of Tennessee, 
                or His Designee, Debatable for 5 Minutes

  Page 353, after line 11, insert the following:

SEC. 849. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN ACQUISITION 
                    STRATEGY FOR DEFENSE BASE ACT INSURANCE.

  (a) In General.--The Secretary of Defense shall adopt an 
acquisition strategy for insurance required by the Defense Base 
Act (42 U.S.C. 1651 et seq.) which minimizes the cost of such 
insurance to the Department of Defense.
  (b) Criteria.--The Secretary shall ensure that the 
acquisition strategy adopted pursuant to subsection (a) 
addresses the following criteria:
          (1) Minimize overhead costs associated with obtaining 
        such insurance, such as direct or indirect costs for 
        contract management and contract administration.
          (2) Minimize costs for coverage of such insurance 
        consistent with realistic assumptions regarding the 
        likelihood of incurred claims by contractors of the 
        Department.
          (3) Provide for a correlation of premiums paid in 
        relation to claims incurred that is modeled on best 
        practices in government and industry for similar kinds 
        of insurance.
          (4) Provide for a low level of risk to the 
        Department.
          (5) Provide for a competitive marketplace for 
        insurance required by the Defense Base Act to the 
        maximum extent practicable.
  (c) Options.--In adopting the acquisition strategy pursuant 
to subsection (a), the Secretary shall consider the following 
options:
          (1) Entering into a single Defense Base Act insurance 
        contract for the Department of Defense.
          (2) Entering into a single Defense Base Act insurance 
        contract for contracts involving performance in 
        theaters of combat operations.
          (3) Entering into a contract vehicle, such as a 
        multiple award contract, that provides for competition 
        among contractors for categories of insurance coverage, 
        such as construction, aviation, security, and other 
        categories of insurance.
          (4) Using a retrospective rating approach to Defense 
        Base Act insurance that adjusts rates according to 
        actual claims incurred on a cost reimbursement basis.
          (5) Adopting a self-insurance approach to Defense 
        Base Act insurance for Department of Defense contracts.
          (6) Such other options as the Secretary deems to best 
        satisfy the criteria identified under subsection (b).
  (d) Report.--(1) Not later than 180 days after the date of 
enactment of this Act, the Secretary shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Committee on 
Oversight and Government Reform of the House of Representatives 
a report on the acquisition strategy adopted pursuant to 
subsection (a).
  (2) The report shall include a discussion of each of the 
options considered pursuant to subsection (c) and the extent to 
which each option addresses the criteria identified under 
subsection (b), and shall include a plan to implement within 18 
months after the date of enactment of this Act the acquisition 
strategy adopted by the Secretary.
  (e) Review of Acquisition Strategy.--As considered 
appropriate by the Secretary, but not less often than once 
every 3 years, the Secretary shall review and, as necessary, 
update the acquisition strategy adopted pursuant to subsection 
(a) to ensure that it best addresses the criteria identified 
under subsection (b).
                              ----------                              


 22. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  Add at the end of title XXII the following new section:

SEC. 2208. PROHIBITING USE OF FUNDS FOR LIBRARY/LIFELONG LEARNING 
                    CENTER.

  None of the funds appropriated to carry out this Act (or any 
amendment made by this Act) may be used for a library/lifelong 
learning center at Marine Corps Base Twentynine Palms, 
California.
                              ----------                              


      23. An Amendment To Be Offered by Representative Tierney of 
        Massachusetts, or His Designee, Debatable for 20 Minutes

  At the end of subtitle C of title II, add the following new 
section:

SEC. 2__. MISSILE DEFENSE FUNDING REDUCTIONS TO PROVIDE ADDITIONAL 
                    FUNDS FOR ACTIVITIES TO COUNTER WEAPONS OF MASS 
                    DESTRUCTION AND TERRORISM.

  (a) Missile Defense Funding Reductions.--The amount in 
section 201(4) for research, development, test, and evaluation, 
Defense-wide, is hereby reduced by $996,200,000, to be derived 
from amounts for the Missile Defense agency as follows:
          (1) $100,000,000 reduction from the Airborne Laser 
        program.
          (2) $100,000,000 reduction from the Kinetic Energy 
        Interceptor (KEI) program.
          (3) $100,000,000 reduction from the Multiple Kill 
        Vehicle (MKV) program.
          (4) $341,200,000 from the termination of any funding 
        for the proposed long-range missile defense sites in 
        Europe.
          (5) $355,000,000 from the termination of any further 
        deployment in the Ground-Based Midcourse Defense 
        program, with this reduction not interfering with 
        development or testing activities under the program.
  (b) Additional Funds to Counter Weapons of Mass Destruction 
and Terrorism.--
          (1) Cooperative threat reduction program.--The amount 
        provided in section 1302(a) for the Cooperative Threat 
        Reduction is hereby increased by $75,000,000.
          (2) Nonproliferation and weapons of mass destruction 
        programs.--The amount provided in section 3101(a)(2) 
        for nonproliferation and weapons of mass destruction 
        programs of the Department of Energy is hereby 
        increased by $529,000,000, which shall be available as 
        follows:
                  (A) $50,000,000 for Global Threat Reduction 
                Initiative.
                  (B) $30,000,000 for International Nuclear 
                Materials Protection and Cooperation program.
                  (C) $60,000,000 for Second Line of Defense 
                program to cooperate with other countries to 
                deter, detect, and interdict illicit transfers 
                of nuclear and radioactive materials at border 
                crossings and ports.
                  (D) $15,000,000 for NNSA's export control 
                assistance program for the purpose of 
                developing a plan for making sure all countries 
                fulfill their UNSC 1540 obligation to put 
                effective controls in place.
                  (E) $50,000,000 increase of conditional 
                appropriation to encourage Russia to blend down 
                additional HEU, to finance such incentives if 
                an agreement is reached that requires such 
                funding.
                  (F) $50,000,000 for safeguards work at the 
                Department of Energy National Laboratories.
                  (G) $100,000,000 increase for non-
                proliferation research and development, such as 
                treaty monitoring and verification.
                  (H) $10,000,000 for completing the 
                experimental study on analyzing the impacts of 
                sabotage of spent-fuel transportation in the 
                United States.
                  (I) $50,000,000 for accelerated or further 
                dismantlement of nuclear weapons (and removal 
                of pits from nuclear weapons).
                  (J) $41,000,000 for chemical weapons 
                destruction at the Bluegrass facility in 
                Kentucky.
                  (K) $73,000,000 for chemical weapons 
                destruction at the Pueblo facility in Colorado.
  (c) Additional Support for Wounded Warriors and Their 
Families.--
          (1) Impact aid.--The amount provided in section 571 
        is hereby increased by $30,000,000 to increase funding 
        for impact aid to help local educational agencies 
        provide support to students who are dependents of 
        members of the Armed Forces.
          (2) Family support for wounded warriors.--Amounts 
        provided for family support of wounded members of the 
        Armed Forces is hereby increased by $30,000,000.
          (3) Suicide prevention.--Amounts available for 
        programs to prevent suicides by members of the Armed 
        Forces is hereby increased by $30,000,000.
          (4) Wounded warriors as healthcare providers.--An 
        amount equal to $10,000,000 is authorized to be 
        appropriated for a pilot program to identify and 
        retrain wounded members as military health 
        professionals who would then treat and care for other 
        wounded members.
  (d) National Guard and Reserve Shortfalls.--The balance of 
amounts reduced under subsection (a), after application of 
subsections (b) and (c) shall be available to increase amounts 
available for the National Guard and Reserve to fund identified 
shortfalls, especially in connection with homeland security 
activities.
                              ----------                              


 24. An Amendment To Be Offered by Representative Price of Georgia, or 
                 His Designee, Debatable for 5 Minutes

  Page 406, after line 18, insert the following new section:

SEC. 1005. MANAGEMENT OF PURCHASE CARDS.

  (a) Required Safeguards and Internal Controls.--Section 2784 
of title 10, United States Code, is amended in subsection (b)--
          (1) by redesignating paragraphs (3) through (10) as 
        paragraphs (4) through (11), respectively;
          (2) by inserting after paragraph (2) the following 
        new paragraph:
          ``(3) That expenditures charged to the purchase card 
        are independently received, accepted, or verified by an 
        official with authority to authorize expenditures.'';
          (3) by redesignating paragraphs (9) through paragraph 
        (11) (as previously redesignated by paragraph (1)) as 
        paragraphs (10) through (12), respectively; and
          (4) by inserting after paragraph (8) (as previously 
        redesignated by paragraph (1)) the following new 
        paragraph:
          ``(9) That appropriate inventory and property systems 
        are updated promptly in response to expenditures 
        charged to a purchase card related to pilferable 
        property.''.
  (b) Penalties for Violations.--Section 2784(c)(1) of title 
10, United States Code, is amended by striking ``provide for'' 
and inserting ``provide for the reimbursement of charges for 
unauthorized or erroneous purchases and for''.
                              ----------                              


    25. An Amendment To Be Offered by Representative Price of North 
          Carolina, or His Designee, Debatable for 10 Minutes

  Add at the end of title X, the following:

SEC. 10__. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR 
                    PERSONNEL.

  Effective as of the date that is one year after the date of 
the enactment of this Act, the Department of Defense manpower 
mix criteria and the Department of Defense Supplement to the 
Federal Acquisition Regulation shall be revised to provide 
that--
          (1) the interrogation of enemy prisoners of war, 
        civilian internees, retained persons, other detainees, 
        terrorists, and criminals when captured, transferred, 
        confined, or detained during or in the aftermath of 
        hostilities is an inherently governmental function and 
        cannot be transferred to private sector contractors who 
        are beyond the reach of controls otherwise applicable 
        to government personnel; and
          (2) properly trained and cleared contractors may be 
        used as linguists, interpreters, report writers, and 
        information technology technicians if their work is 
        properly reviewed by appropriate government officials.
                              ----------                              


26. An Amendment To Be Offered by Representative Lee of California, or 
                 Her Designee, Debatable for 20 Minutes

  At the end of subtitle B of title XII of the bill, add the 
following new section:

SEC. 12XX. LIMITATION ON CERTAIN STATUS OF FORCES AGREEMENTS BETWEEN 
                    THE UNITED STATES AND IRAQ.

  No provision of any agreement between the United States and 
Iraq described in section 1212(a)(1)(A)(iv) shall be in force 
with respect to the United States unless the agreement--
          (1) is in the form of a treaty requiring the advice 
        and consent of the Senate (or is intended to take that 
        form in the case of an agreement under negotiation); or
          (2) is specifically authorized by an Act of Congress 
        enacted after the date of the enactment of this Act.
                              ----------                              


27. An Amendment To Be Offered by Representative Fossella of New York, 
                or His Designee, Debatable for 5 Minutes

  At the end of subtitle F of title VI, insert the following 
new section:

SEC. 664. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES 
                    SERVING IN IRAQ OR AFGHANISTAN.

  (a) Availability of Postal Benefits.--The Secretary of 
Defense, in consultation with the United States Postal Service, 
shall provide for a program under which postal benefits are 
provided to qualified individuals in accordance with this 
section.
  (b) Qualified Individual.--In this section, the term 
``qualified individual'' means a member of the Armed Forces on 
active duty (as defined in section 101 of title 10, United 
States Code) who--
          (1) is serving in Iraq or Afghanistan; or
          (2) is hospitalized at a facility under the 
        jurisdiction of the Department of Defense as a result 
        of a disease or injury incurred as a result of service 
        in Iraq or Afghanistan.
  (c) Postal Benefits Described.--
          (1) Vouchers.--The postal benefits provided under the 
        program shall consist of such coupons or other similar 
        evidence of credit, whether in printed, electronic, or 
        other format (in this section referred to as a 
        ``voucher''), as the Secretary of Defense, in 
        consultation with the Postal Service, shall determine, 
        which entitle the bearer or user to make qualified 
        mailings free of postage.
          (2) Qualified mailing.--In this section, the term 
        ``qualified mailing'' means the mailing of a single 
        mail piece which--
                  (A) is first-class mail (including any sound- 
                or video-recorded communication) not exceeding 
                13 ounces in weight and having the character of 
                personal correspondence or parcel post not 
                exceeding 10 pounds in weight;
                  (B) is sent from within an area served by a 
                United States post office; and
                  (C) is addressed to a qualified individual.
          (3) Coordination rule.--Postal benefits under the 
        program are in addition to, and not in lieu of, any 
        reduced rates of postage or other similar benefits 
        which might otherwise be available by or under law, 
        including any rates of postage resulting from the 
        application of section 3401(b) of title 39, United 
        States Code.
  (d) Number of Vouchers.--A member of the Armed Forces shall 
be eligible for one voucher for every second month in which the 
member is a qualified individual.
  (e) Limitations on Use; Duration.--A voucher may not be 
used--
          (1) for more than a single qualified mailing; or
          (2) after the earlier of--
                  (A) the expiration date of the voucher, as 
                designated by the Secretary of Defense; or
                  (B) the end of the one-year period beginning 
                on the date on which the regulations prescribed 
                under subsection (f) take effect.
  (f) Regulations.--Not later than 30 days after the date of 
the enactment of this Act, the Secretary of Defense (in 
consultation with the Postal Service) shall prescribe such 
regulations as may be necessary to carry out the program, 
including--
          (1) procedures by which vouchers will be provided or 
        made available in timely manner to qualified 
        individuals; and
          (2) procedures to ensure that the number of vouchers 
        provided or made available with respect to any 
        qualified individual complies with subsection (d).
  (g) Transfers to Postal Service.--
          (1) Based on estimates.--The Secretary of Defense 
        shall transfer to the Postal Service, out of amounts 
        available to carry out the program and in advance of 
        each calendar quarter during which postal benefits may 
        be used under the program, an amount equal to the 
        amount of postal benefits that the Secretary estimates 
        will be used during such quarter, reduced or increased 
        (as the case may be) by any amounts by which the 
        Secretary finds that a determination under this section 
        for a prior quarter was greater than or less than the 
        amount finally determined for such quarter.
          (2) Based on final determination.--A final 
        determination of the amount necessary to correct any 
        previous determination under this section, and any 
        transfer of amounts between the Postal Service and the 
        Department of Defense based on that final 
        determination, shall be made not later than six months 
        after the end of the one-year period referred to in 
        subsection (e)(2)(B).
          (3) Consultation required.--All estimates and 
        determinations under this subsection of the amount of 
        postal benefits under the program used in any period 
        shall be made by the Secretary of Defense in 
        consultation with the Postal Service.
  (h) Funding.--
          (1) Increase.--The amount authorized to be 
        appropriated by section 421 for military personnel is 
        hereby increased by $10,000,000, and such amount shall 
        be available for postal benefits provided in this 
        section.
          (2) Offsetting reduction.--Funds authorized to be 
        appropriated in fiscal year 2009 for Military Personnel 
        are reduced by $10,000,000.
                              ----------                              


28. An Amendment To Be Offered by Representative Inslee of Washington, 
               or His Designee, Debatable for 10 Minutes

  Add at the end of subtitle D of title III the following:

SEC. 335. STUDY OF CONSIDERATION OF GREENHOUSE GAS EMISSIONS IN 
                    ACQUISITION PROCESSES.

  (a) Study.--The Secretary of Defense shall conduct a study to 
develop procedures and methods to measure and consider 
greenhouse gas emissions in the acquisition process, and shall 
include in the study an examination of the following:
          (1) The processes and methods which would need to be 
        developed and adopted to allow the Department of 
        Defense to consider greenhouse gas emissions in the 
        planning, requirements development, and acquisition 
        processes.
          (2) The internal and external data necessary to allow 
        the Department of Defense to consider greenhouse gas 
        emissions in the planning, requirements development, 
        and acquisition processes.
          (3) A timetable for the implementation of such 
        procedures and methods in the acquisition process, as 
        well as an estimate of the costs associated with such 
        implementation.
          (4) Such other factors as the Secretary considers 
        appropriate with respect to the development and 
        implementation of such procedures and methods.
  (b) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the 
Congressional defense committees a report on the results of the 
study conducted under subsection (a).
                              ----------                              


29. An Amendment To Be Offered by Representative Inslee of Washington, 
                or His Designee, Debatable for 5 Minutes

  At the end of title X, add the following new section:

SEC. 1071. STUDY AND REPORT ON USE OF POWER MANAGEMENT SOFTWARE.

  (a) Study.--The Secretary of Defense shall conduct a study on 
the use of power management software by civilian and military 
personnel and facilities of the Department of Defense to reduce 
the use of electricity in computer monitors and personal 
computers. This study shall include recommendations for 
baseline electric power use, for ensuring robust monitoring and 
verification of power use requirements on a continuing basis, 
and for potential technological solutions or best practices for 
achieving these efficiency objectives.
  (b) Report.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a 
report containing the results of the study under subsection 
(a), including a description of the recommendations developed 
under the study.
                              ----------                              


    30. An Amendment To Be Offered by Representative Brown-Waite of 
           Florida, or Her Designee, Debatable for 10 Minutes

  Add at the end of subtitle G of title V, the following new 
section:

SEC. 5__. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

  (a) Authority To Award.--The Secretary of the Army may award 
the Army Combat Action Badge (established by order of the 
Secretary of the Army through Headquarters, Department of the 
Army Letter 600-05-1, dated June 3, 2005) to a person who, 
while a member of the Army, participated in combat during which 
the person personally engaged, or was personally engaged by, 
the enemy at any time during the period beginning on December 
7, 1941, and ending on September 18, 2001 (the date of the 
otherwise applicable limitation on retroactivity for the award 
of such decoration), if the Secretary determines that the 
person has not been previously recognized in an appropriate 
manner for such participation.
  (b) Procurement of Badge.--The Secretary of the Army may make 
arrangements with suppliers of the Army Combat Action Badge so 
that eligible recipients of the Army Combat Action Badge 
pursuant to subsection (a) may procure the badge directly from 
suppliers, thereby eliminating or at least substantially 
reducing administrative costs for the Army to carry out this 
section.
                              ----------                              


     31. An Amendment To Be Offered by Representative McGovern of 
        Massachusetts, or His Designee, Debatable for 20 Minutes

  At the end of subtitle G of title X of the bill, add the 
following new section:

SEC. 10XX. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT 
                    WESTERN HEMISPHERE INSTITUTE FOR SECURITY 
                    COOPERATION.

  Section 2166 of title 10, United States Code, is amended by 
adding at the end the following new subsection:
  ``(j) Public Disclosure of Students and Instructors.--(1) The 
Secretary of Defense shall release to the public, upon request, 
the information described in paragraph (2) for each of fiscal 
years 2005, 2006, 2007, and 2008, and any fiscal year 
thereafter.
  ``(2) The information to be released under paragraph (1) 
shall include the following with respect to the fiscal year 
covered:
          ``(A) The entire name, including the first, middle, 
        and maternal and paternal surnames, with respect to 
        each student and instructor at the Institute.
          ``(B) The rank of each student and instructor.
          ``(C) The country of origin of each student and 
        instructor.
          ``(D) The courses taken by each student.
          ``(E) The courses taught by each instructor.
          ``(F) Any years of attendance by each student in 
        addition to the fiscal year covered.''.
                              ----------                              


32. An Amendment To Be Offered by Representative Holt of New Jersey, or 
                 His Designee, Debatable for 10 Minutes

  Add at the end of title X, the following:

SEC. 10__. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY 
                    RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF 
                    PERSONS IN THE CUSTODY OF OR UNDER THE EFFECTIVE 
                    CONTROL OF THE DEPARTMENT OF DEFENSE.

  (a) In General.--In accordance with the Army Field Manual on 
Human Intelligence Collector Operations (FM 2-22.3, September 
2006), or any successor thereto, and the guidelines developed 
pursuant to subsection (e), the Secretary of Defense shall take 
such actions as are necessary to ensure the videotaping or 
otherwise electronically recording of each strategic 
intelligence interrogation of any person who is in the custody 
or under the effective control of the Department of Defense or 
under detention in a Department of Defense facility.
  (b) Classification of Information.--To protect United States 
national security, the safety of the individuals conducting or 
assisting in the conduct of a strategic intelligence 
interrogation, and the privacy of persons described in 
subsection (a), the Secretary of Defense shall provide for the 
appropriate classification of video tapes or other electronic 
recordings made pursuant to subsection (a). The use of such 
classified video tapes or other electronic recordings in 
proceedings conducted under the Detainee Treatment Act of 2005 
(title 14 of Public Law 109-163 and title 10 of Public Law 109-
148), the Military Commissions Act of 2006 (10 U.S.C. 948 et 
seq.; Public Law 109-366), or any other provision of law shall 
be governed by applicable rules, regulations, and law.
  (c) Strategic Intelligence Interrogation Defined.--For 
purposes of this section, the term ``strategic intelligence 
interrogation'' means an interrogation of a person described in 
subsection (a) conducted at a theater-level detention facility.
  (d) Exclusion.--Nothing in this section shall be construed as 
requiring--
          (1) any member of the Armed Forces engaged in direct 
        combat operations to videotape or otherwise 
        electronically record a person described in subsection 
        (a); or
          (2) the videotaping or other electronic recording of 
        tactical questioning, as such term is defined in the 
        Army Field Manual on Human Intelligence Collector 
        Operations (FM 2-22.3, September 2006), or any 
        successor thereto.
  (e) Guidelines for Videotape and Other Electronic 
Recordings.--
          (1) Development of guidelines.--The Secretary of 
        Defense, acting through the Judge Advocates General (as 
        defined in section 801(1) of title 10, United States 
        Code, (Article 1 of the Uniform Code of Military 
        Justice)), shall develop and adopt uniform guidelines 
        designed to ensure that the videotaping or other 
        electronic recording required under subsection (a), at 
        a minimum--
                  (A) promotes full compliance with the laws of 
                the United States;
                  (B) is maintained for a length of time that 
                serves the interests of justice in cases for 
                which trials are being or may be conducted 
                pursuant to the Detainee Treatment Act of 2005 
                (title 14 of Public Law 109-163 and title 10 of 
                Public Law 109-148), the Military Commissions 
                Act of 2006 (10 U.S.C. 948 et seq.; Public Law 
                109-366), or any other provision of law;
                  (C) promotes the exploitation of 
                intelligence; and
                  (D) ensures the safety of all participants in 
                the interrogations.
          (2) Submittal to congress.--Not later than 30 days 
        after the date of the enactment of this section, the 
        Secretary of Defense shall submit to the Committees on 
        Armed Services of the Senate and House of 
        Representatives a report containing the guidelines 
        developed under paragraph (1). Such report shall be in 
        an unclassified form but may include a classified 
        annex.
                              ----------                              


33. An Amendment To Be Offered by Representative Pearce of New Mexico, 
               or His Designee, Debatable for 10 Minutes

  At the end of title XXXI, insert the following:

SEC. 31__. INCREASED FUNDING FOR RELIABLE REPLACEMENT WARHEAD PROGRAM.

  (a) Increase.--The amount in section 3101 for weapons 
activities, National Nuclear Security Administration, is hereby 
increased by $10,000,000, to be available for the Reliable 
Replacement Warhead program.
  (b) Offset.--The amount in section 2402 is hereby reduced by 
$10,000,000, to be derived from energy conservation on military 
installations.
                              ----------                              


     34. An Amendment To Be Offered by Representative McDermott of 
          Washington, or His Designee, Debatable for 5 Minutes

  At the end of title VII, add the following new section:

SEC. 7__. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS CONTAINED IN 
                    REPORT ON HEALTH EFFECTS OF EXPOSURE TO DEPLETED 
                    URANIUM.

  Not later than 120 days after the date of the enactment of 
this Act, the Secretary of Defense shall submit to Congress a 
report describing the measures underway to implement the 
recommendations contained in the report entitled ``Review of 
the Toxicologic and Radiologic Risks to Military Personnel from 
Exposure to Depleted Uranium During and After Combat'', which 
was conducted pursuant to section 716 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public 
Law 109-364; 120 Stat. 2391).
                              ----------                              


 35. An Amendment To Be Offered by Representative King of Iowa, or His 
                   Designee, Debatable for 5 Minutes

  Page 401, after line 14, insert the following new section:

SEC. 947. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.

  (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Chief of the National Guard Bureau 
shall submit to the Secretary of Defense a report--
          (1) detailing the extent to which the various 
        provisions in title XVIII of the National Defense 
        Authorization Act for Fiscal Year 2008 (Public Law 110-
        181) have been effective in giving the National Guard a 
        clearer voice in policy and budgetary discussions in 
        the Department of Defense; and
          (2) assessing the adequacy of Department of Defense 
        funding for the resource requirements of the National 
        Guard.''
  (b) Report to Congress.--Not later than 30 days after the 
Secretary of Defense receives the report under subsection (a), 
the Secretary shall submit to Congress such report, along with 
any explanatory comments the Secretary considers necessary.
                              ----------                              


36. An Amendment To Be Offered by Representative Matsui of California, 
                or Her Designee, Debatable for 5 Minutes

  At the end of subtitle E of title V, add the following new 
section:

SEC. 5__. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT AMOUNTS.

  (a) Correction and Payment Authority.--During the period 
beginning on January 1, 2009, and ending on June 30, 2009, the 
Secretary of the Army may--
          (1) consider, through the Army Board for the 
        Correction of Military Records, a request for the 
        correction of military records relating to the amount 
        of the Army College Fund benefit to which a member or 
        former member of the Armed Forces may be entitled under 
        an Army Incentive Program contract; and
          (2) pay such amounts as the Secretary considers 
        necessary to ensure fairness and equity with regard to 
        the request if the Secretary determines that the 
        correction of the records is appropriate.
  (b) Exception to Payment Limits.--A payment under subsection 
(a)(2) may be made without regard to any limits on the total 
combined amounts established for the Army College Fund and the 
Montgomery G.I. Bill.
  (c) Funding Source.--Payments under subsection (a)(2) shall 
be made solely from funds appropriated for military personnel 
programs for fiscal year 2009.
                              ----------                              


37. An Amendment To Be Offered by Representative DeFazio of Oregon, or 
                 His Designee, Debatable for 5 Minutes

  At the end of title VIII, add the following new section:

SEC. 849. MOTOR CARRIER FUEL SURCHARGES.

  (a) Pass Through and Disclosure.--Chapter 157 of title 10, 
United States Code, is amended by adding at the end the 
following new section:

``Sec. 2652. Motor carrier fuel surcharges

  ``(a) Pass Through to Cost Bearer.--In all carriage contracts 
in which a fuel-related adjustment is provided for, the 
Secretary of Defense shall require that a motor carrier, 
broker, or freight forwarder providing or arranging truck 
transportation or service using fuel for which it does not bear 
the cost pay to the person who bears the cost of such fuel the 
amount of all charges that relate to the cost of fuel that were 
invoiced or otherwise presented to the person responsible 
directly to the motor carrier, broker, or freight forwarder for 
payment for the transportation or service.
  ``(b) Disclosure.--The Secretary shall require in a contract 
described in subsection (a) that a motor carrier, broker, or 
freight forwarder providing or arranging transportation or 
service using fuel not paid for by it disclose any fuel-related 
adjustment by making the amount of the adjustment publicly 
available, including on the Internet.
  ``(c) Regulations.--The Secretary shall prescribe regulations 
to ensure contracts described in subsection (a) include 
measures necessary to ensure enforcement of this section.''.
  (b) Conforming Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the 
following: new item:

``2652. Motor carrier fuel surcharges.''.
                    ____________________________________________________

38. An Amendment To Be Offered by Representative Turner of Ohio, or His 
                   Designee, Debatable for 5 Minutes

  Page 481, after line 13, insert the following:

SEC. 1110. STATUS REPORTS RELATING TO LABORATORY PERSONNEL 
                    DEMONSTRATION PROJECTS.

  Section 1107 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357) is amended 
by adding at the end the following:
  ``(e) Status Reports.--
          ``(1) In general.--Not later than 45 days after the 
        date of the enactment of this Act and not later than 
        March 1 of each year beginning after the date on which 
        the first report under this subsection is submitted, 
        the Secretary of Defense shall submit to the Committees 
        on Armed Services of the Senate and House of 
        Representatives a report providing, with respect to the 
        year before the year in which such report is submitted, 
        the information described in paragraph (2).
          ``(2) Information required.--Each report under this 
        subsection shall describe the following:
                  ``(A) The actions taken by the Secretary of 
                Defense under subsection (a) during the year 
                covered by the report.
                  ``(B) The progress made by the Secretary of 
                Defense during such year in developing and 
                implementing the plan required by subsection 
                (b), including the anticipated date for 
                completion of such plan and a list and 
                description of any issues relating to the 
                development or implementation of such plan.
                  ``(C) With respect to any applications by 
                laboratories seeking to be designated as a 
                demonstration laboratory or to otherwise obtain 
                any of the personnel flexibilities available to 
                a demonstration laboratory--
                          ``(i) the number of applications that 
                        were received, pending, or acted on 
                        during such year;
                          ``(ii) the status or disposition of 
                        any applications under clause (i), 
                        including, in the case of any 
                        application on which a final decision 
                        was rendered, the laboratory involved, 
                        what the laboratory had requested, the 
                        decision reached, and the reasons for 
                        the decision; and
                          ``(iii) in the case of any 
                        applications under clause (i) on which 
                        a final decision was not rendered, the 
                        date by which a final decision is 
                        anticipated.
          ``(3) Definition.--For purposes of this subsection, 
        the term `demonstration laboratory' means a laboratory 
        designated by the Secretary of Defense under the 
        provisions of section 342(b) of the National Defense 
        Authorization Act for Fiscal Year 1995 (as cited in 
        subsection (a)) as a Department of Defense science and 
        technology reinvention laboratory.''.
                              ----------                              


39. An Amendment To Be Offered by Representative Stupak of Michigan, or 
                 His Designee, Debatable for 5 Minutes

  Add at the end of subtitle D of title VI, the following new 
section:

SEC. 6__. ELIGIBILITY FOR DISABILITY RETIRED PAY AND SEPARATION PAY OF 
                    CERTAIN FORMER CADETS AND MIDSHIPMEN WITH PRIOR 
                    ENLISTED SERVICE.

  Section 1217(a) of title 10, United States Code, is amended 
by striking ``incurred after October 28, 2004.'' and inserting 
``incurred--
          ``(1) after October 28, 2004; or
          ``(2) after January 1, 2000, in the case of a cadet 
        or midshipman who was discharged from an enlisted grade 
        in order to accept an appointment as a cadet or 
        midshipman.''.
                              ----------                              


      40. An Amendment To Be Offered by Representative DeLauro of 
         Connecticut, or Her Designee, Debatable for 5 Minutes

  At the end of subtitle C of title VII, add the following new 
section:

SEC. 726. POST-DEPLOYMENT MENTAL HEALTH SCREENING DEMONSTRATION 
                    PROJECT.

  (a) Demonstration Project Required.--The Secretary of Defense 
shall conduct a demonstration project to assess the feasibility 
and efficacy of providing a face to face post-deployment mental 
health screening between a member of the Armed Forces and a 
mental health provider.
  (b) Elements.--The demonstration project shall include, at a 
minimum, the following elements:
          (1) A combat stress evaluation conducted in person by 
        a qualified mental health professional within 120 to 
        180 days after the date on which the member returns 
        from combat theater.
          (2) Phone follow-ups by a case manager, not 
        necessarily stationed at the military installation, at 
        the following intervals after the initial post-
        deployment screening:
                  (A) Six months.
                  (B) 12 months.
                  (C) 18 months.
                  (D) 24 months.
  (c) Consultation.--The Secretary of Defense shall develop the 
demonstration project in consultation with the Secretary of 
Veterans Affairs and the Secretary of Health and Human 
Services. The Secretary of Defense may also coordinate the 
program with any accredited college, university, hospital-based 
or community-based mental health center the Secretary considers 
appropriate.
  (d) Selection of Military Installation.--The demonstration 
project shall be conducted at two military installations, one 
active duty and one reserve component demobilization station, 
selected by the Secretary of Defense. The installations 
selected shall have members of the Armed Forces on active duty 
and members of the reserve components that use the installation 
as a training and operating base, with members routinely 
deploying in support of operations in Iraq, Afghanistan, and 
other assignments related to the global war on terrorism.
  (e) Personnel Requirements.--The Secretary of Defense shall 
ensure an adequate number of the following personnel in the 
program:
          (1) Qualified mental health professionals that are 
        licensed psychologists, psychiatrists, psychiatric 
        nurses, or clinical social workers.
          (2) Suicide prevention counselors.
  (f) Timeline.--
          (1) The demonstration project required by this 
        subsection shall be implemented not later than 
        September 30, 2009.
          (2) Authority for this demonstration project shall 
        expire on September 30, 2011.
  (g) Reports.--The Secretary of Defense shall submit to the 
congressional defense committees--
          (1) a plan to implement the demonstration project, 
        including site selection and criteria for choosing the 
        site, not later than June 1, 2009,
          (2) an interim report every 180 days thereafter; and
          (3) a final report detailing the results not later 
        than January 1, 2012.
                              ----------                              


41. An Amendment To Be Offered by Representative Everett of Alabama, or 
                 His Designee, Debatable for 5 Minutes

  At the end of title subtitle E of title V, insert the 
following new section:

SEC. 5__. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL MILITARY 
                    EDUCATION TO AWARD DEGREES.

  (a) National Defense Intelligence College.--
          (1) In general.--Section 2161 of title 10, United 
        States Code, is amended to read as follows:

``Sec. 2161. Degree granting authority for National Defense 
                    Intelligence College

  ``(a) Authority.--Under regulations prescribed by the 
Secretary of Defense, the President of the National Defense 
Intelligence College may, upon the recommendation of the 
faculty of the National Defense Intelligence College, confer 
appropriate degrees upon graduates who meet the degree 
requirements.
  ``(b) Limitation.--A degree may not be conferred under this 
section unless--
          ``(1) the Secretary of Education has recommended 
        approval of the degree in accordance with the Federal 
        Policy Governing Granting of Academic Degrees by 
        Federal Agencies; and
          ``(2) the curriculum leading to that degree is 
        accredited by the appropriate civilian academic 
        accrediting agency or organization, as determined by 
        the Secretary of Education.
  ``(c) Congressional Notification Requirements.--(1) When 
seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--
          ``(A) a copy of the self assessment questionnaire 
        required by the Federal Policy Governing Granting of 
        Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted to the Department of 
        Education's National Advisory Committee on 
        Institutional Quality and Integrity; and
          ``(B) the subsequent recommendations and rationale of 
        the Secretary of Education regarding the establishment 
        of the degree granting authority.
  ``(2) Upon any modification, redesignation or termination of 
existing degree granting authority, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the rationale 
for the proposed modification, redesignation or termination and 
any subsequent recommendation of the Secretary of Education on 
the proposed modification, redesignation or termination.
  ``(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing an explanation of any action by the 
appropriate academic accrediting agency or organization not to 
accredit the curriculum leading to any new or existing 
degree.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 108 of such title is amended by 
        striking the item relating to section 2161 and 
        inserting the following new item:

``2161. Degree granting authority for National Defense Intelligence 
          College.''.

  (b) National Defense University.--
          (1) In general.--Section 2163 of such title is 
        amended to read as follows:

``Sec. 2163. Degree granting authority for National Defense University

  ``(a) Authority.--Under regulations prescribed by the 
Secretary of Defense, the President of the National Defense 
University may, upon the recommendation of the faculty of the 
National Defense University, confer appropriate degrees upon 
graduates who meet the degree requirements.
  ``(b) Limitation.--A degree may not be conferred under this 
section unless--
          ``(1) the Secretary of Education has recommended 
        approval of the degree in accordance with the Federal 
        Policy Governing Granting of Academic Degrees by 
        Federal Agencies; and
          ``(2) the curriculum leading to that degree is 
        accredited by the appropriate civilian academic 
        accrediting agency or organization, as determined by 
        the Secretary of Education.
  ``(c) Congressional Notification Requirements.--(1) When 
seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--
          ``(A) a copy of the self assessment questionnaire 
        required by the Federal Policy Governing Granting of 
        Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted to the Department of 
        Education's National Advisory Committee on 
        Institutional Quality and Integrity; and
          ``(B) the subsequent recommendations and rationale of 
        the Secretary of Education regarding the establishment 
        of the degree granting authority.
  ``(2) Upon any modification, redesignation or termination of 
existing degree granting authority, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the rationale 
for the proposed modification, redesignation or termination and 
any subsequent recommendation of the Secretary of Education on 
the proposed modification, redesignation or termination.
  ``(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing an explanation of any action by the 
appropriate academic accrediting agency or organization not to 
accredit the curriculum leading to any new or existing 
degree.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 108 of such title is amended by 
        striking the item relating to section 2163 and 
        inserting the following new item:

``2163. Degree granting authority for National Defense University.''.

  (c) United States Army Command and General Staff College.--
          (1) In general.--Section 4314 of such title is 
        amended to read as follows:

``Sec. 4314. Degree granting authority for United States Army Command 
                    and General Staff College

  ``(a) Authority.--Under regulations prescribed by the 
Secretary of the Army, the Commandant of the United States Army 
Command and General Staff College may, upon the recommendation 
of the faculty and dean of the college, confer appropriate 
degrees upon graduates who meet the degree requirements.
  ``(b) Limitation.--A degree may not be conferred under this 
section unless--
          ``(1) the Secretary of Education has recommended 
        approval of the degree in accordance with the Federal 
        Policy Governing Granting of Academic Degrees by 
        Federal Agencies; and
          ``(2) the curriculum leading to that degree is 
        accredited by the appropriate civilian academic 
        accrediting agency or organization, as determined by 
        the Secretary of Education.
  ``(c) Congressional Notification Requirements.--(1) When 
seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--
          ``(A) a copy of the self assessment questionnaire 
        required by the Federal Policy Governing Granting of 
        Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted to the Department of 
        Education's National Advisory Committee on 
        Institutional Quality and Integrity; and
          ``(B) the subsequent recommendations and rationale of 
        the Secretary of Education regarding the establishment 
        of the degree granting authority.
  ``(2) Upon any modification, redesignation or termination of 
existing degree granting authority, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the rationale 
for the proposed modification, redesignation or termination and 
any subsequent recommendation of the Secretary of Education on 
the proposed modification, redesignation or termination.
  ``(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing an explanation of any action by the 
appropriate academic accrediting agency or organization not to 
accredit the curriculum leading to any new or existing 
degree.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 401 of such title is amended by 
        striking the item relating to section 4314 and 
        inserting the following new item:

``4314. Degree granting authority for United States Army Command and 
          General Staff College.''.

  (d) United States Army War College.--
          (1) In general.--Section 4321 of title 10, United 
        States Code, is amended to read as follows:

``Sec. 4321. Degree granting authority for United States Army War 
                    College

  ``(a) Authority.--Under regulations prescribed by the 
Secretary of the Army, the Commandant of the United States Army 
War College may, upon the recommendation of the faculty and 
dean of the college, confer appropriate degrees upon graduates 
who meet the degree requirements.
  ``(b) Limitation.--A degree may not be conferred under this 
section unless--
          ``(1) the Secretary of Education has recommended 
        approval of the degree in accordance with the Federal 
        Policy Governing Granting of Academic Degrees by 
        Federal Agencies; and
          ``(2) the curriculum leading to that degree is 
        accredited by the appropriate civilian academic 
        accrediting agency or organization, as determined by 
        the Secretary of Education.
  ``(c) Congressional Notification Requirements.--(1) When 
seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--
          ``(A) a copy of the self assessment questionnaire 
        required by the Federal Policy Governing Granting of 
        Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted to the Department of 
        Education's National Advisory Committee on 
        Institutional Quality and Integrity; and
          ``(B) the subsequent recommendations and rationale of 
        the Secretary of Education regarding the establishment 
        of the degree granting authority.
  ``(2) Upon any modification, redesignation or termination of 
existing degree granting authority, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the rationale 
for the proposed modification, redesignation or termination and 
any subsequent recommendation of the Secretary of Education on 
the proposed modification, redesignation or termination.
  ``(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing an explanation of any action by the 
appropriate academic accrediting agency or organization not to 
accredit the curriculum leading to any new or existing 
degree.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 401 of such title is amended by 
        striking the item relating to section 4321 and 
        inserting the following new item:

``4321. Degree granting authority for United States Army War College.''.

  (e) United States Naval Postgraduate School.--
          (1) In general.--Section 7048 of such title is 
        amended to read as follows:

``Sec. 7048. Degree granting authority for United States Naval 
                    Postgraduate School

  ``(a) Authority.--Under regulations prescribed by the 
Secretary of the Navy, the President of the Naval Postgraduate 
School may, upon the recommendation of the faculty of the Naval 
Postgraduate School, confer appropriate degrees upon graduates 
who meet the degree requirements.
  ``(b) Limitation.--A degree may not be conferred under this 
section unless--
          ``(1) the Secretary of Education has recommended 
        approval of the degree in accordance with the Federal 
        Policy Governing Granting of Academic Degrees by 
        Federal Agencies; and
          ``(2) the curriculum leading to that degree is 
        accredited by the appropriate civilian academic 
        accrediting agency or organization, as determined by 
        the Secretary of Education.
  ``(c) Congressional Notification Requirements.--(1) When 
seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--
          ``(A) a copy of the self assessment questionnaire 
        required by the Federal Policy Governing Granting of 
        Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted to the Department of 
        Education's National Advisory Committee on 
        Institutional Quality and Integrity; and
          ``(B) the subsequent recommendations and rationale of 
        the Secretary of Education regarding the establishment 
        of the degree granting authority.
  ``(2) Upon any modification, redesignation or termination of 
existing degree granting authority, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the rationale 
for the proposed modification, redesignation or termination and 
any subsequent recommendation of the Secretary of Education on 
the proposed modification, redesignation or termination.
  ``(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing an explanation of any action by the 
appropriate academic accrediting agency or organization not to 
accredit the curriculum leading to any new or existing 
degree.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 605 of such title is amended by 
        striking the item relating to section 7048 and 
        inserting the following new item:

``7048. Degree granting authority for United States Naval Postgraduate 
          School.''.

  (f) Naval War College.--
          (1) In general.--Section 7101 of such title is 
        amended to read as follows:

``Sec. 7101. Degree granting authority for Naval War College

  ``(a) Authority.--Under regulations prescribed by the 
Secretary of the Navy, the President of the Naval War College 
may, upon the recommendation of the faculty of the Naval War 
College components, confer appropriate degrees upon graduates 
who meet the degree requirements.
  ``(b) Limitation.--A degree may not be conferred under this 
section unless--
          ``(1) the Secretary of Education has recommended 
        approval of the degree in accordance with the Federal 
        Policy Governing Granting of Academic Degrees by 
        Federal Agencies; and
          ``(2) the curriculum leading to that degree is 
        accredited by the appropriate civilian academic 
        accrediting agency or organization, as determined by 
        the Secretary of Education.
  ``(c) Congressional Notification Requirements.--(1) When 
seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--
          ``(A) a copy of the self assessment questionnaire 
        required by the Federal Policy Governing Granting of 
        Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted to the Department of 
        Education's National Advisory Committee on 
        Institutional Quality and Integrity; and
          ``(B) the subsequent recommendations and rationale of 
        the Secretary of Education regarding the establishment 
        of the degree granting authority.
  ``(2) Upon any modification, redesignation or termination of 
existing degree granting authority, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the rationale 
for the proposed modification, redesignation or termination and 
any subsequent recommendation of the Secretary of Education on 
the proposed modification, redesignation or termination.
  ``(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing an explanation of any action by the 
appropriate academic accrediting agency or organization not to 
accredit the curriculum leading to any new or existing 
degree.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 609 of such title is amended by 
        striking the item relating to section 7101 and 
        inserting the following new item:

``7101. Degree granting authority for Naval War College.''.

  (g) Marine Corps University.--
          (1) In general.--Section 7102 of such title is 
        amended to read as follows:

``Sec. 7102. Degree granting authority for Marine Corps University

  ``(a) Authority.--Under regulations prescribed by the 
Secretary of the Navy, the President of the Marine Corps 
University may, upon the recommendation of the directors and 
faculty of the Marine Corps University, confer appropriate 
degrees upon graduates who meet the degree requirements.
  ``(b) Limitation.--A degree may not be conferred under this 
section unless--
          ``(1) the Secretary of Education has recommended 
        approval of the degree in accordance with the Federal 
        Policy Governing Granting of Academic Degrees by 
        Federal Agencies; and
          ``(2) the curriculum leading to that degree is 
        accredited by the appropriate civilian academic 
        accrediting agency or organization, as determined by 
        the Secretary of Education.
  ``(c) Congressional Notification Requirements.--(1) When 
seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--
          ``(A) a copy of the self assessment questionnaire 
        required by the Federal Policy Governing Granting of 
        Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted to the Department of 
        Education's National Advisory Committee on 
        Institutional Quality and Integrity; and
          ``(B) the subsequent recommendations and rationale of 
        the Secretary of Education regarding the establishment 
        of the degree granting authority.
  ``(2) Upon any modification, redesignation or termination of 
existing degree granting authority, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the rationale 
for the proposed modification, redesignation or termination and 
any subsequent recommendation of the Secretary of Education on 
the proposed modification, redesignation or termination.
  ``(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing an explanation of any action by the 
appropriate academic accrediting agency or organization not to 
accredit the curriculum leading to any new or existing degree.
  ``(d) Board of Advisors.--The Secretary of the Navy shall 
establish a board of advisors for the Marine Corps University. 
The Secretary shall ensure that the board is established so as 
to meet all requirements of the appropriate regional 
accrediting association.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 609 of such title is amended by 
        striking the item relating to section 7102 and 
        inserting the following new item:

``7102. Degree granting authority for Marine Corps University.''.

  (h) United States Air Force Institute of Technology.--
          (1) In general.--Section 9314 of such title is 
        amended to read as follows:

``Sec. 9314. Degree granting authority for United States Air Force 
                    Institute of Technology

  ``(a) Authority.--Under regulations prescribed by the 
Secretary of the Air Force, the commander of Air University 
may, upon the recommendation of the faculty of the United 
States Air Force Institute of Technology, confer appropriate 
degrees upon graduates of the United States Air Force Institute 
of Technology who meet the degree requirements.
  ``(b) Limitation.--A degree may not be conferred under this 
section unless--
          ``(1) the Secretary of Education has recommended 
        approval of the degree in accordance with the Federal 
        Policy Governing Granting of Academic Degrees by 
        Federal Agencies; and
          ``(2) the curriculum leading to that degree is 
        accredited by the appropriate civilian academic 
        accrediting agency or organization, as determined by 
        the Secretary of Education.
  ``(c) Congressional Notification Requirements.--(1) When 
seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--
          ``(A) a copy of the self assessment questionnaire 
        required by the Federal Policy Governing Granting of 
        Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted to the Department of 
        Education's National Advisory Committee on 
        Institutional Quality and Integrity; and
          ``(B) the subsequent recommendations and rationale of 
        the Secretary of Education regarding the establishment 
        of the degree granting authority.
  ``(2) Upon any modification, redesignation or termination of 
existing degree granting authority, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the rationale 
for the proposed modification, redesignation or termination and 
any subsequent recommendation of the Secretary of Education on 
the proposed modification, redesignation or termination.
  ``(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing an explanation of any action by the 
appropriate academic accrediting agency or organization not to 
accredit the curriculum leading to any new or existing degree.
  ``(d) Civilian Faculty.--(1) The Secretary of the Air Force 
may employ as many civilian faculty members at the United 
States Air Force Institute of Technology as is consistent with 
the needs of the Air Force and with Department of Defense 
personnel limits.
  ``(2) The Secretary shall prescribe regulations determining--
          ``(A) titles and duties of civilian members of the 
        faculty; and
          ``(B) pay of civilian members of the faculty, 
        notwithstanding chapter 53 of title 5, but subject to 
        the limitation set out in section 5373 of title 5.
  ``(e) Reimbursement.--(1) The Department of the Army, the 
Department of the Navy, and the Department of Homeland Security 
shall bear the cost of the instruction at the Air Force 
Institute of Technology that is received by members of the 
armed forces detailed for that instruction by the Secretaries 
of the Army, Navy, and Homeland Security, respectively.
  ``(2) Members of the Army, Navy, Marine Corps, and Coast 
Guard may only be detailed for instruction at the Institute on 
a space-available basis.
  ``(3) In the case of an enlisted member of the Army, Navy, 
Marine Corps, and Coast Guard permitted to receive instruction 
at the Institute, the Secretary of the Air Force shall charge 
that member only for such costs and fees as the Secretary 
considers appropriate (taking into consideration the admission 
of enlisted members on a space-available basis).
  ``(f) Acceptance of Research Grants.--(1) The Secretary of 
the Air Force may authorize the Commandant of the United States 
Air Force Institute of Technology to accept qualifying research 
grants. Any such grant may only be accepted if the work under 
the grant is to be carried out by a professor or instructor of 
the Institute for a scientific, literary, or educational 
purpose.
  ``(2) A qualifying research grant under this subsection is a 
grant that is awarded on a competitive basis by an entity 
referred to in paragraph (3) for a research project with a 
scientific, literary, or educational purpose.
  ``(3) A grant may be accepted under this subsection only from 
a corporation, fund, foundation, educational institution, or 
similar entity that is organized and operated primarily for 
scientific, literary, or educational purposes.
  ``(4) The Secretary shall establish an account for 
administering funds received as research grants under this 
section. The Commandant of the Institute shall use the funds in 
the account in accordance with applicable provisions of the 
regulations and the terms and condition of the grants received.
  ``(5) Subject to such limitations as may be provided in 
appropriations Acts, appropriations available for the Institute 
may be used to pay expenses incurred by the Institute in 
applying for, and otherwise pursuing, the award of qualifying 
research grants.
  ``(6) The Secretary shall prescribe regulations for the 
administration of this subsection.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 901 of such title is amended by 
        striking the item relating to section 9314 and 
        inserting the following new item:

``9314. Degree granting authority for United States Air Force Institute 
          of Technology.''.

  (i) Air University.--
          (1) In general.--Section 9317 of such title is 
        amended to read as follows:

``Sec. 9317. Degree granting authority for Air University

  ``(a) Authority.--Except as provided in sections 9314 and 
9315 of this title, under regulations prescribed by the 
Secretary of the Air Force, the commander of Air University 
may, upon the recommendation of the faculty of the Air 
University components, confer appropriate degrees upon 
graduates who meet the degree requirements.
  ``(b) Limitation.--A degree may not be conferred under this 
section unless--
          ``(1) the Secretary of Education has recommended 
        approval of the degree in accordance with the Federal 
        Policy Governing Granting of Academic Degrees by 
        Federal Agencies; and
          ``(2) the curriculum leading to that degree is 
        accredited by the appropriate civilian academic 
        accrediting agency or organization, as determined by 
        the Secretary of Education.
  ``(c) Congressional Notification Requirements.--(1) When 
seeking to establish degree granting authority under this 
section, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--
          ``(A) a copy of the self assessment questionnaire 
        required by the Federal Policy Governing Granting of 
        Academic Degrees by Federal Agencies, at the time the 
        assessment is submitted to the Department of 
        Education's National Advisory Committee on 
        Institutional Quality and Integrity; and
          ``(B) the subsequent recommendations and rationale of 
        the Secretary of Education regarding the establishment 
        of the degree granting authority.
  ``(2) Upon any modification, redesignation or termination of 
existing degree granting authority, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report containing the rationale 
for the proposed modification, redesignation or termination and 
any subsequent recommendation of the Secretary of Education on 
the proposed modification, redesignation or termination.
  ``(3) The Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Representatives a 
report containing an explanation of any action by the 
appropriate academic accrediting agency or organization not to 
accredit the curriculum leading to any new or existing 
degree.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 901 of such title is amended by 
        striking the item relating to section 9317 and 
        inserting the following new item:

``9317. Degree granting authority for Air University.''.

  (j) Effective Date.--This section shall apply to any degree 
granting authority established, modified, redesignated or 
terminated on or after the date of enactment of this Act.
                              ----------                              


    42. An Amendment To Be Offered by Representative Schakowsky of 
           Illinois, or Her Designee, Debatable for 5 Minutes

  At the end of subtitle C, add the following new section:

SEC. 824. PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF INHERENTLY 
                    GOVERNMENTAL FUNCTIONS IN AN AREA OF COMBAT 
                    OPERATIONS.

  (a) Modification of Regulations.--Not later than 60 days 
after the date of the enactment of this Act, the regulations 
prescribed by the Secretary of Defense pursuant to section 
862(a) of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302 
note) shall be modified to ensure that private security 
contractors are not authorized to perform inherently 
governmental functions in an area of combat operations.
  (b) Guidance.--After the issuance of regulations to implement 
the actions required by section 322 of this Act, the Secretary 
of Defense shall issue supplementary guidance to describe 
functions that should not be performed by private security 
contractors because they constitute inherently governmental 
functions.
  (c) Periodic Review of Performance of Functions.--
          (1) In general.--The Secretary of Defense shall, in 
        coordination with the heads of other appropriate 
        agencies, periodically review the performance of 
        private security functions in areas of combat 
        operations to ensure that such functions are authorized 
        and performed in a manner consistent with the 
        requirements of this section.
          (2) Reports.--Not later than June 1 of each of 2009, 
        2010, and 2011, the Secretary shall submit to the 
        congressional defense committees a report on the 
        results of the most recent review conducted under 
        paragraph (1).
                              ----------                              


43. An Amendment To Be Offered by Representative Schiff of California, 
                or His Designee, Debatable for 5 Minutes

  Page 438, after line 6, insert the following (and make such 
technical and conforming changes as may be appropriate):

SEC. 1048. STUDY ON METHODS TO VERIFIABLY REDUCE THE LIKELIHOOD OF 
                    ACCIDENTAL NUCLEAR LAUNCH.

   (a) Study Required.--The Secretary of Defense shall carry 
out a study to evaluate procedural and physical options for 
introducing into the nuclear weapons launch procedures of the 
United States, Russia, China, and any other strategically 
appropriate nations determined by the Secretary, a time-delay 
before a launch command can be executed that would be 
transparent to and verifiable by the other nations. The options 
studied shall encompass a wide range of possible time-delays 
and shall include, for each option, an analysis of--
          (1) the increased time, over current procedures, 
        before a launch command can be executed;
          (2) the strategic risk to United States national 
        security, including the survivability of the United 
        States arsenal under a range of verification failures;
          (3) the range of possible inspection regimes, 
        including the degree of verifiability that each would 
        afford; and
          (4) the availability of parallel options in the other 
        nations included in such study.
  (b) Report.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report on the results of the 
study. If a report under this subsection is submitted in 
classified form, the Secretary shall concurrently submit to the 
congressional defense committees an unclassified version of 
such report.
                              ----------                              


44. An Amendment To Be Offered by Representative Blumenauer of Oregon, 
                or His Designee, Debatable for 5 Minutes

  At the end of subtitle B of title III, add the following new 
section:

SEC. 314. DETECTION INSTRUMENT TECHNOLOGY RESEARCH AND DEPLOYMENT OF 
                    RESULTING DETECTION INSTRUMENTS AND TECHNOLOGICAL 
                    IMPROVEMENTS.

  (a) Research Required.--The Secretary of Defense shall--
          (1) make the research, development, testing, and 
        evaluation of technology related to unexploded ordnance 
        detection a priority; and
          (2) accelerate the transition of promising detection 
        instrument technology across the Department of Defense.
  (b) Deployment and Training.--The Secretary shall facilitate 
the deployment of unexploded ordnance detection instrument 
technology developed through research funded by the Department 
of Defense or developed by entities other than the Department 
of Defense. The Secretary may consider allocating a portion of 
the amount appropriated for such research and development 
activities to assist in the training of operators of unexploded 
ordnance detection instruments on the use of new detection 
instruments.
  (c) Report.--Not later than February 1, 2009, the Secretary 
shall submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of 
Representatives a report describing and evaluating the 
following:
          (1) The amounts allocated for research, development, 
        test, and evaluation for unexploded ordnance detection 
        technologies.
          (2) The amounts allocated for transition of new 
        unexploded ordnance technologies.
          (3) Activities undertaken by the Department to 
        transition such technologies and train operators on 
        emerging detection instrument technologies.
          (4) Any impediments to the transition of new 
        unexploded ordnance detection instrument technologies 
        to regular operation in remediation programs.
          (5) The transfer of such technologies to private 
        companies involved in the detection of unexploded 
        ordnance.
          (6) Activities undertaken by the Department to raise 
        public awareness regarding unexploded ordnance.
  (d) Unexploded Ordnance Defined.--In this section, the term 
``unexploded ordnance'' has the meaning given such term in 
section 101(e)(5) of title 10, United States Code.
                              ----------                              


 45. An Amendment To Be Offered by Representative Bordallo of Guam, or 
                 Her Designee, Debatable for 5 Minutes

  At the end of subtitle C of title XXVIII, insert the 
following new section:

SEC. 2829. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.

  (a) In General.--The Secretary of Transportation, acting 
through the Administrator of the Maritime Administration (in 
this section referred to as the ``Administrator''), may 
establish a Port of Guam Improvement Enterprise Program (in 
this section referred to as the ``Program'') to provide for the 
planning, design, and construction of projects for the Port of 
Guam to improve facilities, relieve port congestion, and 
provide greater access to port facilities.
  (b) Authorities of the Administrator.--In carrying out the 
Program, the Administrator may--
          (1) receive funds provided for the Program from non-
        Federal entities, including private entities;
          (2) provide for coordination among appropriate 
        governmental agencies to expedite the review process 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) for projects carried out under the 
        Program;
          (3) provide for coordination among appropriate 
        governmental agencies in connection with other reviews 
        and requirements applicable to projects carried out 
        under the Program; and
          (4) provide technical assistance to the Port 
        Authority of Guam (and its agents) as needed for 
        projects carried out under the Program.
  (c) Port of Guam Improvement Enterprise Fund.--
          (1) Establishment.--There is established in the 
        Treasury of the United States a separate account to be 
        known as the ``Port of Guam Improvement Enterprise 
        Fund'' (in this section referred to as the ``Fund'').
          (2) Deposits.--There shall be deposited into the 
        Fund--
                  (A) amounts received by the Administrator 
                from non-Federal sources under subsection 
                (b)(1);
                  (B) amounts transferred to the Administrator 
                under subsection (d); and
                  (C) amounts appropriated to carry out this 
                section under subsection (f).
          (3) Use of amounts.--Amounts in the Fund shall be 
        available to the Administrator to carry out the 
        Program.
          (4) Administrative expenses.--Not to exceed 3 percent 
        of the amounts appropriated to the Fund for a fiscal 
        year may be used for administrative expenses of the 
        Administrator.
          (5) Availability of amounts.--Amounts in the Fund 
        shall remain available until expended.
  (d) Transfers of Amounts.--Amounts appropriated or otherwise 
made available for any fiscal year for an intermodal or marine 
facility comprising a component of the Program shall be 
transferred to and administered by the Administrator.
  (e) Limitation.--Nothing in this section shall be construed 
to authorize amounts made available under section 215 of title 
23, United States Code, or any other amounts made available for 
the construction of highways or amounts otherwise not eligible 
for making port improvements to be deposited into the Fund.
  (f) Authorization of Appropriations.--There are authorized to 
be appropriated to the Fund such sums as may be necessary to 
carry out this section.
                              ----------                              


46. An Amendment To Be Offered by Representative Moore of Wisconsin, or 
                 Her Designee, Debatable for 5 Minutes

  At the end of title VII, add the following new section:

SEC. 7__. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF DEFENSE 
                    MENTAL HEALTH TASK FORCE.

  (a) In General.--The Comptroller General of the United States 
shall conduct a review of the implementation by the Department 
of Defense of recommendations made by the Department of Defense 
Task Force on Mental Health (in this section referred to as the 
``Task Force'') developed pursuant to section 723 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109-163; 119 Stat. 3348) to ensure a full continuum of 
psychological health services and care for members of the Armed 
Forces and their families.
  (b) Report Required.--Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the congressional defense committees a report on the 
results of the review required by this section. The report 
shall include such recommendations as the Comptroller General 
considers appropriate.
                              ----------                              


47. An Amendment To Be Offered by Representative Ortiz of Texas, or His 
                   Designee, Debatable for 5 Minutes

  At the end of title I, add the following new section:

SEC. 144. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS OF THE 
                    NAVY.

  Not later than 120 days after the date of the enactment of 
this Act, the Secretary of the Navy shall submit to the 
congressional defense committees a report on future jet carrier 
trainer requirements. The report shall include--
          (1) an assessment of the Navy Strategic Planning 
        Study concerning future jet carrier trainer 
        requirements;
          (2) an assessment of studies conducted by independent 
        organizations concerning future jet carrier trainer 
        requirements;
          (3) a cost-benefit analysis of creating a new program 
        to fulfill future jet carrier trainer requirements;
          (4) a cost-benefit analysis of modifying current 
        programs to fulfill future jet carrier trainer 
        requirements; and
          (5) a plan to address future jet carrier trainer 
        requirements beginning fiscal year 2010.
                              ----------                              


   48. An Amendment To Be Offered by Representative Kennedy of Rhode 
            Island, or His Designee, Debatable for 5 Minutes

  At the end of subtitle A of title VII, add the following new 
section:

SEC. 708. RESERVE COMPONENT BEHAVIORAL HEALTH CARE PROVIDER LOCATOR AND 
                    APPOINTMENT ASSISTANCE DEMONSTRATION PROJECT.

  (a) Demonstration Project.--The Secretary of Defense shall 
conduct a demonstration project to assess the feasibility and 
efficacy of providing a behavioral health care provider locator 
and appointment assistance service to members of the reserve 
components of the Armed Forces.
  (b) Elements.--The demonstration project shall include, at a 
minimum, a toll-free hotline, staffed and available 24 hours a 
day 7 days a week, to help members of the reserve components 
find behavioral health care providers and schedule outpatient 
appointments in the TRICARE network.
  (c) Eligibility.--In order to be eligible for the 
demonstration project, a member of the Armed Forces shall meet 
the following requirements:
          (1) Be a member of the Selected Reserve.
          (2) Be enrolled in TRICARE Reserve Select.
  (d) Implementation.--The demonstration project shall be 
implemented not later than 180 days after the date of the 
enactment of this Act.
  (e) Sunset.--The authority for the demonstration project 
required by this section shall expire on September 30, 2011.
  (f) Reports.--The Secretary of Defense shall submit to the 
congressional defense committees the following reports:
          (1) Plan.--Not later than 90 days after the date of 
        the enactment of this Act, a report containing a plan 
        to implement the demonstration project required by this 
        section.
          (2) Updates.--Not later than 180 days after such date 
        of enactment and every 180 days thereafter, a report 
        containing an update on the demonstration project.
          (3) Final evaluation.--Not later than January 1, 
        2012, a report containing a final written evaluation, 
        including recommendations for the extension or 
        expansion of the demonstration project.
                              ----------                              


49. An Amendment To Be Offered by Representative Israel of New York, or 
                 His Designee, Debatable for 5 Minutes

  Add at the end of subtitle B of title III the following new 
section:

SEC. 314. CLOSED LOOP RECYCLING FOR MOTOR VEHICLE LUBRICATING OIL.

  (a) Study and Evaluation.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report which reviews the Department 
of Defense's policies concerning the sale and disposal of used 
motor vehicle lubricating oil, and shall include in the report 
an evaluation of the feasibility and desirability of 
implementing policies to require closed loop recycling of used 
oil as a means of reducing total indirect energy usage and 
greenhouse gas emissions.
  (b) Implementation.--To the extent that the evaluation 
included in the report submitted under subsection (a) indicates 
that closed loop recycling of used motor vehicle lubricating 
oil can reduce total indirect energy usage and greenhouse gas 
emissions without significant increase in overall cost to the 
Department of Defense, the Secretary shall implement policies 
to require closed loop recycling of used oil whenever feasible.
  (c) Definition.--For purposes of this section, the term 
``closed loop recycling'' means the sale of used oil to 
entities that re-refine used oil into base oil and vehicle 
lubricants that meet Department of Defense and industry 
standards, and the purchase of re-refined oil produced through 
such re-refining process.
                              ----------                              


50. An Amendment To Be Offered by Representative Israel of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title XII, add the following new section:

SEC. 12__. EMPLOYMENT FOR RESETTLED IRAQIS.

  (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense and the 
Secretary of State shall jointly establish and operate a 
temporary program to offer employment as translators, 
interpreters, or cultural awareness instructors to individuals 
described in subsection (b).
  (b) Eligibility.--Individuals referred to in subsection (a) 
are individuals, in the determination of the Secretary of 
State, in coordination with the Secretary of Defense and the 
Secretary of Homeland Security, who--
          (1) are Iraqi nationals lawfully present in the 
        United States; and
          (2) worked, for at least 12 months since 2003, as 
        translators in the Republic of Iraq for the United 
        States Armed Forces or other agency of the United 
        States Government.
  (c) Funding.--
          (1) In general.--Except as provided in paragraph (2), 
        the program established under subsection (a) shall be 
        funded from the annual general operating budget of the 
        Department of Defense.
          (2) Exception.--The Secretary of State shall 
        reimburse the Department of Defense for any costs 
        associated with individuals described in subsection (b) 
        whose work was for the Department of State.
  (d) Rule of Construction Regarding Access To Classified 
Information.--Nothing in this section may be construed as 
affecting in any manner practices and procedures regarding the 
handling of or access to classified information.
  (e) Information Sharing.--The Secretary of Defense and the 
Secretary of State shall work with the Secretary of Homeland 
Security, the Office of Refugee Resettlement of the Department 
of Health and Human Services, and nongovernmental organizations 
to ensure that Iraqis resettled in the United States are 
informed of the program established under subsection (a).
  (f) Regulations.--The Secretary of Defense, in coordination 
with the Secretary of State, shall prescribe such regulations 
as are necessary to carry out the program established under 
subsection (a), including establishing pay scales and hiring 
procedures, and determining the number of positions required to 
be filled.
  (g) Termination.--
          (1) In general.--Except as provided in paragraph (2), 
        the program established under subsection (a) shall 
        terminate on December 31, 2014.
          (2) Earlier termination.--If the Secretary of 
        Defense, in coordination with the Secretary of State, 
        determines that the program established under 
        subsection (a) should terminate before the date 
        specified in paragraph (1), the Secretaries may 
        terminate the program if the Secretaries notify 
        Congress in writing of such termination at least 180 
        days before such termination.
                              ----------                              


     51. An Amendment To Be Offered by Representative Schwartz of 
         Pennsylvania, or Her Designee, Debatable for 5 Minutes

  Add at the end of title X the following new section:

SEC. 1071. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYLVANIA.

  (a) Conditions on Conveyance, Grant, Lease, or License.--Any 
conveyance, grant, lease, or license from the United States to 
the Commonwealth of Pennsylvania or other legal entity that 
includes the airfield property located at NASJRB Willow Grove 
and designated for operation as a Joint Interagency 
Installation pursuant to section 3703 of the U.S. Troop 
Readiness, Veterans' Care, Katrina Recovery, and Iraq 
Accountability Appropriations Act, 2007 (121 Stat. 145) shall 
be subject to the restrictions on the use of the airfield set 
forth in subsection (b).  
  (b) Restrictions on Use.--The airfield at the installation 
shall not be used for any of the following purposes:
          (1) Commercial passenger operations.
          (2) Commercial cargo operations.
          (3) Commercial, business, or nongovernment aircraft 
        operations for purposes not related to the missions of 
        the installation, except that this paragraph shall not 
        apply in exigent circumstances or prohibit use of the 
        airfield by or on behalf of any associated user which 
        is a tenant of the installation.
          (4) As a reliever airport to relieve congestion at 
        other airports or to provide improved general aviation 
        access to the overall community, except that this 
        paragraph shall not apply in exigent circumstances.
  (c) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to diminish or alter authorized uses 
of the installation, including the military enclave that is 
part thereof, by the United States or its agencies or 
instrumentalities or to limit use of the property in exigent 
circumstances.
  (d) Definitions.--In this section, the following definitions 
apply:
          (1) Airfield.--The term ``airfield'' means the 
        airfield referred to in subsection (a).
          (2) Associated users.--The term ``associated users'' 
        means  nongovernmental organizations and private 
        entities that use the airfield for purposes related to 
        the national defense, homeland security, and emergency 
        preparedness missions of the installation.
          (3) Exigent circumstances.--The term ``exigent 
        circumstances''  means unusual conditions, including 
        adverse or unusual weather conditions, alerts, and 
        actual or threatened emergencies that are determined by 
        the installation to require limited-duration use of the 
        installation or its airfield for operations, including 
        flying operations, for uses otherwise restricted under 
        subsection (b).
          (4) Commercial cargo operations.--The term 
        ``commercial cargo operations'' means aircraft 
        operations by a commercial cargo or freight carrier in 
        cases in which cargo is delivered to or flown from the 
        installation under established schedules, except that 
        the term does not include any cargo operations 
        undertaken by or on behalf of any user of the 
        installation or cargo operations related to the 
        national defense, homeland security, and emergency 
        preparedness missions of the installation.
          (5) Commercial passenger operations.--The term 
        ``commercial passenger operations'' means aircraft 
        passenger operations by commercial passenger carriers 
        involving flights where passengers are boarded or 
        enplaned at the installation, except that the term does 
        not include passenger operations undertaken by or on 
        behalf of any user of the installation or passenger 
        operations related to the national defense, homeland 
        security, and emergency preparedness missions of the 
        installation.
          (6) Installation.--The term ``installation'' means 
        the Joint Interagency Installation referred to in 
        subsection (a).
                              ----------                              


52. An Amendment To Be Offered by Representative Bishop of Georgia, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title VII, add the following new section:

SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE ARMED 
                    FORCES WHO AGREE TO SERVE IN THE SELECTED RESERVE 
                    OF THE READY RESERVE.

  (a) Provision of Transitional Health Care.--Section 
1145(a)(2) of title 10, United States Code, is amended by 
adding at the end the following new subparagraph:
          ``(E) A member who is separated from active duty who 
        agrees to become a member of the Selected Reserve of 
        the Ready Reserve of a reserve component.''.
  (b) Effective Date.--Subparagraph (E) of section 1145(a)(2) 
of title 10, United States Code, as added by subsection (a), 
shall apply with respect to members of the Armed Forces 
separated from active duty after the date of the enactment of 
this Act.
  (c) Offset.--The amount in section 201(4) for research, 
development, test, and evaluation, Defense-wide, is hereby 
reduced by $22,000,000, to be derived from the Missile Defense 
Agency.
                              ----------                              


53. An Amendment To Be Offered by Representative Braley of Iowa, or His 
                   Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XII, insert the following 
new section:

SEC. 12__. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND 
                    OPERATION ENDURING FREEDOM.

  (a) Findings.--Congress finds the following:
          (1) The United States has been engaged in military 
        operations in Afghanistan since October 2001 and in 
        military operations in Iraq since March 2003.
          (2) According to the Congressional Research Service, 
        to date, Congress has appropriated $700,000,000,000 
        from fiscal year 2001 through fiscal year 2008 for the 
        Department of Defense, the State Department, and for 
        medical costs paid by the Department of Veterans 
        Affairs. This amount includes $526,000,000,000 for Iraq 
        and $140,000,000,000 for Afghanistan and other 
        counterterror operations. Among other expenditures, 
        this amount includes funding for combat operations; 
        deploying, transporting, feeding, and housing troops; 
        deployment of National Guard and Reserve troops; the 
        equipping and training of Iraqi and Afghani forces; 
        purchasing, upgrading, and repairing weapons, munitions 
        and other equipment; supplemental combat pay and 
        benefits; providing medical care to troops on active 
        duty and returning veterans; reconstruction and foreign 
        aid; and payments to other countries for logistical 
        assistance.
          (3) Over 90 percent of Department of Defense funds 
        for operations in Iraq and Afghanistan have been 
        provided as emergency funds in supplemental or 
        additional appropriations.
          (4) The Congressional Budget Office and the 
        Congressional Research Service have stated that future 
        war costs are difficult to estimate because the 
        Department of Defense has provided little detailed 
        information on costs incurred to date, does not report 
        outlays or actual expenditures for war because war and 
        baseline funds are mixed in the same accounts, and does 
        not provide information on many key factors which 
        determine costs, including personnel levels or the pace 
        of operations.
          (5) To date, the administration has not provided any 
        long-term estimates of war costs, despite a statutory 
        reporting requirement that the President submit a cost 
        estimate for fiscal year 2006 through fiscal year 2011 
        that was enacted in 2004.
          (6) Operating costs in Iraq and Afghanistan have been 
        increasing steadily since 2003, and war costs in Iraq 
        have sharply increased from $50,000,000,000 in 2003 to 
        approximately $134,000,000,000 for fiscal year 2007, to 
        the $154,000,000,000 request for fiscal year 2008.
          (7) The Iraq Study Group Report states that, ``the 
        United States has made a massive commitment to the 
        future of Iraq in both blood and treasure,'' warns that 
        ``the United States must expect significant `tail 
        costs' to come'', and predicts that ``Caring for 
        veterans and replacing lost equipment will run into the 
        hundreds of billions of dollars. Estimates run as high 
        as $2 trillion for the final cost of the U.S. 
        involvement in Iraq''.
          (8) The Iraq Study Group Report also finds that 
        ``This level of expense is not sustainable over an 
        extended period...''.
          (9) The use of government contractors and private 
        military firms has reached unprecedented levels, with 
        over 100,000 contractors operating in Iraq.
          (10) Over 1,600,000 American troops have served in 
        Afghanistan and Iraq since the beginning of the 
        conflicts.
          (11) Over 4,050 United States troops and Department 
        of Defense civilian personnel have been killed in 
        Operation Iraqi Freedom, and over 490 United States 
        troops and Department of Defense civilian personnel 
        have been killed in Operation Enduring Freedom.
          (12) National Guard and Reserve troops are being 
        deployed in support of these conflicts at unprecedented 
        levels.
          (13) Many troops are serving multiple deployments, 
        and one-third of those serving in the Iraq war have 
        been deployed two or more times.
          (14) Over 1,100 service members have suffered 
        amputations as a result of their service in Afghanistan 
        and Iraq.
          (15) More than 100,000 Iraq and Afghanistan veterans 
        have been treated for mental health conditions.
          (16) 52,000 Iraq and Afghanistan veterans have been 
        diagnosed with Post-Traumatic Stress Disorder.
          (17) Nearly 37 percent of soldiers returning from 
        Iraq and Afghanistan have sought treatment at 
        Department of Veterans Affairs hospitals and clinics.
          (18) Many troops have suffered multiple injuries, 
        with veterans claiming an average of five separate 
        conditions.
          (19) The Independent Review Group on Rehabilitative 
        Care and Administrative Processes at Walter Reed Army 
        Medical Center and National Naval Medical Center 
        identified Traumatic Brain Injury, Post-Traumatic 
        Stress Disorder, increased survival of severe burns, 
        and traumatic amputations as the four signature wounds 
        of the current conflicts, and found that the ``numbers 
        of servicemembers surviving with...complex injuries 
        have challenged our modern military medical system and 
        exposed weakness and breakdowns in access to care, as 
        well as continuity of care management and follow-on 
        administrative processes''.
          (20) The Independent Review Group report also states 
        that the recovery process ``can take months or years 
        and must accommodate recurring or delayed 
        manifestations of symptoms, extended rehabilitation and 
        all the life complications that emerge over time from 
        such trauma''.
  (b) Report Requirement; Scenarios.--Not later than 90 days 
after the date of the enactment of this Act, the President, 
with contributions from the Secretary of Defense, the Secretary 
of State, and the Secretary of the Department of Veterans 
Affairs, shall submit a report to Congress containing an 
estimate of the long-term costs of Operation Iraqi Freedom and 
Operation Enduring Freedom. The report shall contain estimates 
for the following scenarios:
          (1) The number of personnel deployed in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom 
        is reduced from current levels to 30,000 by the 
        beginning of fiscal year 2010 and remains at that level 
        through fiscal year 2017.
          (2) The number of personnel deployed in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom 
        is reduced from current levels to 75,000 by the 
        beginning of fiscal year 2013 and remains at that level 
        through 2017.
          (3) An alternative scenario, defined by the President 
        and based on current war plans, which takes into 
        account expected troop levels and the expected length 
        of time that troops will be deployed in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom.
  (c) Special Considerations.--The estimates required for each 
scenario shall make projections through at least fiscal year 
2068, shall be adjusted appropriately for inflation, and shall 
take into account and specify the following:
          (1) The total number of troops expected to be 
        activated and deployed to Iraq and Afghanistan during 
        the course of Operation Iraqi Freedom and Operation 
        Enduring Freedom. This number shall include all troops 
        deployed in the region in support of Operation Iraqi 
        Freedom and Operation Enduring Freedom and activated 
        reservists in the United States who are training, 
        backfilling for deployed troops, or supporting other 
        Department of Defense missions directly or indirectly 
        related to Operation Iraqi Freedom and Operation 
        Enduring Freedom. This number shall also break down 
        activations and deployments of Active Duty, Reservists, 
        and National Guard troops.
          (2) The number of troops, including National Guard 
        and Reserve troops, who have served and who are 
        expected to serve multiple deployments.
          (3) The number of contractors and private military 
        security firms that have been utilized and are expected 
        to be utilized during the course of the conflicts in 
        Iraq and Afghanistan.
          (4) The number of veterans currently suffering and 
        expected to suffer from Post-Traumatic Stress Disorder, 
        Traumatic Brain Injury, or other mental injuries.
          (5) The number of veterans currently in need of and 
        expected to be in need of prosthetic care and treatment 
        because of amputations incurred during Operation Iraqi 
        Freedom and Operation Enduring Freedom.
          (6) The current number of pending Department of 
        Veterans Affairs claims from Iraq and Afghanistan 
        veterans, and the total number of Iraq and Afghanistan 
        veterans expected to seek disability compensation 
        benefits from the Department of Veterans Affairs.
          (7) The total number of troops who have been killed 
        and wounded in Iraq and Afghanistan to date, including 
        noncombat casualties, the total number of troops 
        expected to suffer injuries in Iraq and Afghanistan, 
        and the total number of troops expected to be killed in 
        Iraq and Afghanistan, including noncombat casualties.
          (8) Funding already appropriated for the Department 
        of Defense, the Department of State, and the Department 
        of Veterans Affairs for costs related to the wars in 
        Iraq and Afghanistan. This shall include an account of 
        the amount of funding from regular Department of 
        Defense, Department of State, and Department of 
        Veterans Affairs budgets that has gone and will go to 
        Iraq and Afghanistan.
          (9) Current and future operational expenditures, 
        including funding for combat operations; deploying, 
        transporting, feeding, and housing troops (including 
        fuel costs); deployment of National Guard and Reserve 
        troops; the equipping and training of Iraqi and Afghani 
        forces; purchasing, upgrading, and repairing weapons, 
        munitions and other equipment; and payments to other 
        countries for logistical assistance.
          (10) Past, current, and future cost of government 
        contractors and private military security firms.
          (11) Average annual cost for each troop deployed in 
        support of Operation Iraqi Freedom and Operation 
        Enduring Freedom, including room and board, equipment 
        and body armor, transportation of troops and equipment 
        (including fuel costs), and operational costs.
          (12) Current and future cost of combat-related 
        special pays and benefits, including reenlistment 
        bonuses.
          (13) Current and future cost of activating National 
        Guard and Reserve forces and paying them on a full-time 
        basis.
          (14) Current and future cost for reconstruction, 
        embassy operations and construction, and foreign aid 
        programs for Iraq and Afghanistan.
          (15) Current and future cost of bases and other 
        infrastructure to support United States troops in Iraq 
        and Afghanistan.
          (16) Current and future cost of providing healthcare 
        for returning veterans. This estimate shall include the 
        cost of mental health treatment for veterans suffering 
        from Post-Traumatic Stress Disorder and Traumatic Brain 
        Injury, and other mental problems as a result of their 
        service in Operation Iraqi Freedom and Operation 
        Enduring Freedom. This estimate shall also include the 
        cost of lifetime prosthetics care and treatment for 
        veterans suffering from amputations as a result of 
        their service in Operation Iraqi Freedom and Operation 
        Enduring Freedom.
          (17) Current and future cost of providing Department 
        of Veterans Affairs disability benefits for lifetime of 
        veterans.
          (18) Current and future cost of providing survivors' 
        benefits to survivors of service members.
          (19) Cost of bringing troops and equipment home at 
        the end of the wars, including cost of demobilizing 
        troops, transporting troops home (including fuel 
        costs), providing transition services from active duty 
        to veteran status, transporting equipment, weapons, and 
        munitions (including fuel costs), and an estimate of 
        the value of equipment which will be left behind.
          (20) Cost to restore the military and military 
        equipment, including the National Guard and National 
        Guard equipment, to full strength after the wars.
          (21) Cost of the administration's plan to permanently 
        increase the Army and Marine Corps by 92,000 over the 
        next six years.
          (22) Amount of money borrowed to pay for the wars in 
        Iraq and Afghanistan, and the sources of that money.
          (23) Interest on borrowed money, including interest 
        for money already borrowed and anticipated interest 
        payments on future borrowing for the war in Iraq and 
        the war in Afghanistan.
                              ----------                              


      54. An Amendment To Be Offered by Representative Carney of 
         Pennsylvania, or His Designee, Debatable for 5 Minutes

  Page 187, after the matter at the end of the page, add the 
following (and make such technical and conforming changes as 
may be appropriate):

SEC. 583. SENSE OF THE CONGRESS REGARDING HONOR GUARD DETAILS FOR 
                    FUNERALS OF VETERANS.

  It is the sense of the Congress that the Secretaries of the 
military departments should, to the maximum extent practicable, 
provide honor guard details for the funerals of veterans as is 
required under section 1491 of title 10, United States Code, as 
added by section 567(b) of Public Law 105-261 (112 Stat. 2030).
                              ----------                                
x


55. An Amendment To Be Offered by Representative Ellsworth of Indiana, 
               or His Designee, Debatable for 10 Minutes

  In the appropriate place in title VIII, insert the following:

SEC. 8__. REQUIREMENT FOR DEFENSE CONTRACT CLAUSE PROHIBITING CERTAIN 
                    USES OF FOREIGN SHELL COMPANIES.

  (a) Contract Clause Requirement.--Not later than 180 days 
after the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be revised to require each 
contract awarded by the Department of Defense to contain a 
clause prohibiting the contractor from performing the contract 
using a subsidiary or subcontractor that is a foreign shell 
company if the foreign shell company will perform the work of 
the contract or subcontract using United States citizens or 
permanent residents of the United States.
  (b) Foreign Shell Company.--In this section, the term 
``foreign shell company'' means an entity--
          (1) that is incorporated outside the United States or 
        Canada; and
          (2) that does not manage, direct, or exercise 
        operational control over personnel performing work 
        under a contract of the entity.
  (c) Applicability.--The contract clause required by this 
section shall apply to contracts in amounts greater than the 
simplified acquisition threshold (as defined in section 2302a 
of title 10, United States Code) entered into after the 210-day 
period beginning on the date of the enactment of this Act.
                              ----------                              


     56. An Amendment To Be Offered by Representative Hodes of New 
          Hampshire, or His Designee, Debatable for 20 Minutes

  At the end of title X, add the following new section:

SEC. 1071. PROHIBITIONS RELATING TO PROPAGANDA.

  (a) Prohibition.--No part of any funds authorized to be 
appropriated in this or any other Act shall be used by the 
Department of Defense for propaganda purposes within the United 
States not otherwise specifically authorized by law.
  (b) Reports.--Not later than 90 days after the date of the 
enactment of this Act, the Inspector General of the Department 
of Defense and the Comptroller General of the United States 
shall each conduct a study of, and submit to the Congress a 
report on, the extent to which the Department of Defense has 
violated the prohibition on propaganda established in section 
8001 of Public Laws 107-117, 107-248, 108-87, 108-287, 109-148, 
109-289, and 110-116, the Department of Defense Appropriations 
Acts for fiscal years 2002 through 2008.
  (c) Definition.--For purposes of this section, the term 
``propaganda'' means any form of communication in support of 
national objectives designed to influence the opinions, 
emotions, attitudes, or behavior of the people of the United 
States in order to benefit the sponsor, either directly or 
indirectly.
                              ----------                              


 57. An Amendment To Be Offered by Representative Yarmuth of Kentucky, 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XII of the bill, add the 
following new section:

SEC. 12XX. DECLARATION OF POLICY RELATING TO STATUS OF FORCES 
                    AGREEMENTS BETWEEN THE UNITED STATES AND IRAQ.

  (a) Declaration of Policy.--It shall be the policy of the 
United States to ensure that any agreement between the United 
States and the Republic of Iraq relating to the legal status of 
United States military personnel or the establishment of or 
access to military bases includes as part of the agreement 
measures requiring the provision of support by the Government 
of Iraq for United States Armed Forces stationed in Iraq.
  (b) Support Described.--Support referred to in subsection (a) 
may include the provision of financial or other types of 
support to assist United States Armed Forces stationed in Iraq 
in the conduct of their assigned mission.
                              ----------                              


58. An Amendment To Be Offered by Representative Foster of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title XXXI, insert the following:

SEC. 3113. ENHANCING NUCLEAR FORENSICS CAPABILITIES.

  (a) NNSA Fellowship Program for Graduate Students in Nuclear 
Chemistry.--
          (1) In general.--The Administrator for Nuclear 
        Security shall establish a fellowship program for 
        graduate students who are Ph.D. candidates in the field 
        of nuclear chemistry.
          (2) Sense of congress.--It is the sense of Congress 
        that the fellowship program should--
                  (A) support at least six graduate students 
                per year; and
                  (B) require each graduate student to spend at 
                least two summers in a national security 
                laboratory over the course of the program.
          (3) Funding.--Of the amounts appropriated pursuant to 
        an authorization of appropriations in this Act or 
        otherwise made available from amounts for weapons 
        activities from the National Nuclear Security 
        Administration for national technical nuclear forensics 
        for fiscal year 2009, $3,000,000 shall be available to 
        establish the fellowship program.
          (4) Plan.--No later than February 1, 2009, the 
        Administrator shall submit to the congressional defense 
        committees a plan describing the costs of continuing 
        the program for fiscal year 2010 and thereafter.
  (b) NNSA Research and Development Program on Nuclear 
Forensics Radiation-Measurement Equipment.--
          (1) In general.--The Administrator for Nuclear 
        Security shall carry out a research and development 
        program to improve the speed and accuracy of nuclear 
        forensics radiation-measurement equipment.
          (2) Funding.--Of the amounts appropriated pursuant to 
        an authorization of appropriations in this Act or 
        otherwise made available from amounts for weapons 
        activities from the National Nuclear Security 
        Administration for national technical nuclear forensics 
        for fiscal year 2009, $2,000,000 shall be available to 
        carry out the research and development program.
          (3) Plan.--No later than February 1, 2009, the 
        Administrator shall submit to the congressional defense 
        committees a plan for the research and development 
        program, including a description of the costs of 
        continuing the program for fiscal year 2010 and 
        thereafter.
  (c) Research and Development Plan for Nuclear Forensics and 
Attribution.--
          (1) Research and development.--The Secretary of 
        Energy shall prepare a research and development plan to 
        prioritize research and development efforts in the 
        Department of Energy, and at the national laboratories 
        overseen by offices of the Department of Energy, on the 
        technical capabilities required--
                  (A) to enable a robust and timely nuclear 
                forensic response to a nuclear explosion or to 
                the interdiction of nuclear material or a 
                nuclear weapon anywhere in the world; and
                  (B) to develop an international database 
                containing data on nuclear material, to enable 
                the attribution of nuclear material or a 
                nuclear weapon to its source.
          (2) Reports.--
                  (A) The Secretary of Energy shall submit to 
                the congressional defense committees--
                          (i) not later than 6 months after the 
                        date of enactment of this Act, a report 
                        on the contents of the research and 
                        development plan described in paragraph 
                        (1), and any legislative changes 
                        required to implement the plan; and
                          (ii) not later than 18 months after 
                        the date of enactment of this Act, a 
                        report on the implementation status of 
                        the plan.
                  (B) The Secretary shall submit each report 
                required by this subsection in unclassified 
                form, but may include a classified annex with 
                such report.
  (d) Additional Information to Be Included in Report on 
Nuclear Forensics Capabilities.--Section 3129(b) of the 
National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 585) is amended--
          (1) in paragraph (2), by striking ``and'' at the end;
          (2) in paragraph (3), by striking the period at the 
        end and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(4) any legislative, regulatory, or treaty actions 
        necessary to facilitate international cooperation in 
        enhancement of international nuclear-material databases 
        and the linking of those databases to enable prompt 
        data access.''.
  (e) Report on Nuclear Forensics Advisory Panel.--
          (1) Establishment.--The Secretary of Defense, in 
        consultation with the Secretary of Energy and the 
        Secretary of Homeland Security, shall submit a report 
        describing a joint recommendation for establishing an 
        independent Nuclear Forensics Advisory Panel of 
        recognized experts not directly associated with the 
        Federal laboratories.
          (2) Role of independent panel.--The function of such 
        an independent panel should be to provide independent 
        validation of any Federal nuclear forensics analysis.
          (3) Report.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretaries referred 
        to in paragraph (1) shall submit a report on the 
        structure and membership of the panel required by that 
        paragraph. The report shall be submitted to--
                  (A) the Committee on Appropriations, 
                Committee on Armed Services, and Committee on 
                Homeland Security of the House of 
                Representatives; and
                  (B) the Committee on Appropriations, 
                Committee on Armed Services, and Committee on 
                Homeland Security and Government Affairs of the 
                Senate.
  (f) Presidential Report on Involvement of Senior-Level 
Executive Branch Leadership in Certain Exercises That Include 
Nuclear Forensics Analysis.--Not later than 90 days after the 
date of the enactment of this Act, the President shall submit a 
report on the involvement of senior-level executive branch 
leadership in planned nuclear terrorism preparedness exercises 
that have nuclear forensics analysis as a component of the 
exercise. The report shall be submitted to--
          (1) the Committee on Appropriations, the Committee on 
        Armed Services, and the Committee on Homeland Security 
        of the House of Representatives; and
          (2) the Committee on Appropriations, the Committee on 
        Armed Services, and the Committee on Homeland Security 
        and Government Affairs of the Senate.

                                  
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