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   Following is an explanation of the effects of division C, which makes appropriations for the Department of Defense for fiscal year 2009. As provided in section 4 of the consolidated bill, this explanatory statement shall have the same effect with respect to the allocation of funds and implementation of this division as if it were a joint explanatory statement of a committee of conference.

   Definition of Program, Project, and Activity

   For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) as amended by the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119) and by the Budget Enforcement Act of 1990 (Public Law 101-508), the term program, project, and activity for appropriations contained in this Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2009, the related classified annexes and explanatory statements, and the P-1 and R-1 budget justification documents as subsequently modified by congressional action. The following exception to the above definition shall apply: for the military personnel and the operation and maintenance accounts, for which the term ``program, project, and activity'' is defined as the appropriations accounts contained in the Department of Defense Appropriations Act.

   At the time the President submits his budget for fiscal year 2010, the Department of Defense is directed to transmit to the congressional defense committees budget justification documents to be known as the ``M-1'' and ``O-1'' which shall identify, at the budget activity, activity group, and subactivity group level, the amounts requested by the President to be appropriated to the Department of Defense for military personnel and operation and maintenance in any budget request, or amended budget request, for fiscal year 2010.

   Classified Annex

   Adjustments to classified programs are addressed in the accompanying classified annex.

   Congressional Special Interest Items

   Items for which additional funds have been provided as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' are congressional special interest items for purposes of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount, as specifically addressed in these materials.

   Reprogramming Guidance

   The Department of Defense is directed to continue to follow the reprogramming guidance for acquisition accounts as specified in the House Report (H. Rept. 110-279) accompanying the Fiscal Year 2008 Department of Defense Appropriations Act. For operation and maintenance accounts, the Department of Defense shall continue to follow the reprogramming guidelines specified in the conference report accompanying H.R. 3222, the Department of Defense Appropriations Act, 2008, which are also reiterated herein under title II. The dollar threshold for reprogramming funds shall remain at $15,000,000 for operation and maintenance; $20,000,000 for procurement; and $10,000,000 for research, development, test and evaluation.

   Also, the Under Secretary of Defense, Comptroller, is directed to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for service and defense-wide accounts in titles I, II, III and IV of this Act. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative. Therefore, if the combined value of transfers into or out of operation and maintenance (O-1), a procurement (P-1) or research, development, test and evaluation (R-1) line exceed the identified threshold, the Department of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in these materials.

   Funding Increases

   The funding increases outlined in the tables for each appropriation account shall be provided only for the specific purposes indicated in the tables.

   TITLE I--MILITARY PERSONNEL

   For Military Personnel, funds are to be available for fiscal year 2009, as follows:

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   Stop Loss

   The Department of Defense continues to involuntarily extend the service commitments of active duty and selected reserve servicemembers. These extensions, known as stop loss, are used to retain servicemembers an average of six months beyond their initial end-of-term-of-service date. Although the Secretary of Defense has tried to minimize the use of this practice, the Army continues to use stop loss for its active and reserve components, arguing that it allows the Service to maintain unit integrity. However, the continued use of stop loss remains a concern as it may undermine the morale of the Nation's servicemembers and the voluntary nature of the Armed Forces.

   Therefore, the Secretary of Defense and the Services are directed to provide stop loss data as part of the end-strength portion of the fiscal year 2010 military personnel budget justification material and a report to the congressional defense committees that examines the impact, if any, stop loss has had on recruiting and any correlations between extended deployments, often involving stop-lossed servicemembers, and domestic assaults, sexual assaults and alcohol offenses. This report shall be submitted no later than 180 days after enactment of this Act. Furthermore, the Secretary of Defense shall submit to the congressional defense committees a report containing the results of a study evaluating the feasibility and costs of providing a special pay, in the manner authorized by section 8116, to all members of the Army, Navy, Air Force, and Marine Corps, including former and retired members, who at any time during the period beginning on October 1, 2001, and ending on September 30, 2008, served on active duty while the member's enlistment or period of obligated service was extended, or whose eligibility for retirement was suspended. This report shall be submitted no later than 60 days after enactment of this Act.

   Cash Incentives

   The Department has initiated many programs that rely solely on cash incentives when enlisting new recruits and retaining current personnel. While these cash incentives have enhanced recruitment and retention efforts and helped the Services meet their end-strength goals, there is concern that the Services have increased both the size and scope of these cash incentives without performance metrics to determine whether these bonuses are cost effective and necessary in light of the other, improved personnel benefits now being provided. Accordingly, the Secretary of Defense is directed to provide a report to the congressional defense committees that describes these cash incentives, specifically to include: the number of cash incentives used for recruitment and retention; the average amount provided for each military occupational specialty; the length of contract required for each type of enlistment and reenlistment bonus; and the performance metrics used to determine the effectiveness of, and requirement for, various levels of bonus compensation. This report shall be submitted not later than February 1, 2009.

   Realignment of Funds

   Funds were realigned within the Military Personnel, Air Force, account to support Air Force efforts to halt its personnel drawdown. The Air Force had been on course to drawdown end strength from 329,563 to 316,600 in fiscal year 2009. However, they have recently changed course to support a manning level of 326,000 airmen and grow to 330,000 in fiscal year 2010. This newly planned personnel growth, along with readjusted cost calculations, has led to savings in officer voluntary separation pay and permanent change of station expenses and has created additional costs in enlisted personnel pay and allowances. The majority of these savings have been realigned to fund the enlisted personnel increase. The remainder of the savings was not realigned as the Air Force, which is already below its planned end-strength, will likely not achieve its end-strength goal of 326,000.

   Dwell Time

   The Army and Marine Corps active duty and reserve personnel have experienced reduced dwell time due to an accelerated deployment cycle. This reduction in dwell time has placed a significant strain on servicemembers, their families, and the employers of reservists. In addition, the frequent and extended deployments of National Guard and Reserve personnel have left our Nation more vulnerable during national emergencies, such as forest fires and hurricane disaster evacuation and response. Reduced dwell time has further contributed to reduced opportunities to train for the full spectrum of combat missions. Although the Services expect to return to more normal deployment lengths at the end of fiscal year 2008, the Secretary of Defense is directed to provide a report on the unit rotation cycle (i.e., the patch report) to the congressional defense committees within 30 days of the end of each quarter.

   Health Professions Scholarship Program

   Personnel shortages in numerous medical specialties across the Services remain a concern. Recruiting and retaining these specialized personnel has proven to be challenging. The health professions scholarship program has been a successful tool in recruiting military medical personnel and, for this reason, it is disappointing that the Army and Air Force health professions scholarship programs are significantly underfunded in the budget request. To support continued efforts to recruit military medical personnel, an additional $18,400,000 in Reserve Personnel, Army, and $13,000,000 in Reserve Personnel, Air Force are included for the health professions scholarship program. This additional funding shall be used solely for this purpose. The Services are expected to fully fund this program in fiscal year 2010.

   Reserve Component Participation Rate and Mobilization Assumptions

   When constructing reserve personnel budgets, planners must project what percentage of reservists is likely to participate in annual training and weekend drills. Since operations began in Afghanistan and Iraq, participation levels have varied widely based on the number of mobilized reservists who are unavailable to drill and the number of reservists using extra drill periods to perform pre-mobilization training. Some Services have incorporated these factors into their projections, while others have not. Currently, there is no Department-wide guidance on the assumptions and methodology that should be used when budgeting for future-year annual training and weekend drill participation rates. This lack of guidance has led to unjustified growth in the Pay Group A and B accounts for several reserve components. For fiscal year 2009, funding has again been shifted from these activities to other activities within the same account where shortfalls were identified.

   The deployment of Active Guard and Reserve (AGR) personnel has also complicated the process of budgeting for full time personnel costs. Deployed AGRs from some reserve components are paid from reserve personnel accounts, while AGRs from other reserve components are paid from active duty accounts. It is not clear that these reserve components have accurately incorporated AGR deployment assumptions and the corresponding personnel savings into their AGR cost analysis.

   The Secretary of Defense is directed to work with the Services to establish guidelines for what assumptions and methodology should be used when constructing future-year training participation rate and AGR cost projections. The Department is directed to provide a report to the congressional defense committees that details the guidance issued to the Services. This report shall be submitted not later than February 15, 2009.

   Reserve Component Budget Structure

   In fiscal year 2008, Congress extended testing of a consolidated budget structure for the reserve components' military personnel accounts. Since that time, the single budget activity format has provided additional spending flexibility to the reserve components. Therefore, the consolidated budget structure shall be made permanent with the understanding that the Department will submit quarterly reports to the congressional defense committees showing all transfers between activities and sub-activities of each reserve personnel appropriation. The reports shall provide separate explanations for all transfers that equal, exceed, or cumulate to $2,000,000; and a beginning and ending total by line item. The report shall be due 30 days following the end of each quarter.

   Government Accountability Office Unobligated Balance and End-Strength Reports

   The Government Accountability Office is requested to continue its annual analysis of military personnel unobligated balances and end-strength levels. These reports serve as an important resource for Congress' budgetary analysis. The reports should be submitted to the congressional defense committees not later than May 15th of each year.

   Boots-on-the-Ground and Cost of War Reporting

   There remains a continuing need for accurate and timely information on actual/estimated costs and deployment numbers associated with Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). Therefore, not later than the 10th day of each month following the enactment of this Act, the Secretary of Defense is directed to submit to the congressional defense committees:

   (1) a ``Boots-on-the-Ground'' report providing, for the most recent month for which data is available, the total number of troops deployed in support of OIF and OEF, further delineated by service and component (active, Reserve, or National Guard) and a monthly estimate for the three-month period following the date such report is submitted of the total number of troops expected to be deployed in support of OIF and OEF, further delineated by service and component (active, Reserve, or National Guard). This report may be submitted in classified form; and

   (2) a monthly report of funds obligated in support of OIF and OEF covering the most recent period for which data are available, by month and fiscal year. This report shall be delineated and summarized by operation, by military service, by component (active, Reserve, or National Guard), and by appropriations account.

   MILITARY PERSONNEL, ARMY

   For Military Personnel, Army, funds are to be available for fiscal year 2009, as follows:

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   MILITARY PERSONNEL, NAVY

   For Military Personnel, Navy, funds are to be available for fiscal year 2009, as follows:

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   MILITARY PERSONNEL, MARINE CORPS

   For Military Personnel, Marine Corps, funds are to be available for fiscal year 2009, as follows:

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   MILITARY PERSONNEL, AIR FORCE

   For Military Personnel, Air Force, funds are to be available for fiscal year 2009, as follows:

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   RESERVE PERSONNEL, ARMY

   For Reserve Personnel, Army, funds are to be available for fiscal year 2009, as follows:

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   RESERVE PERSONNEL, NAVY

   For Reserve Personnel, Navy, funds are to be available for fiscal year 2009, as follows:

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   RESERVE PERSONNEL, MARINE CORPS

   For Reserve Personnel, Marine Corps, funds are to be available for fiscal year 2009, as follows:

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   RESERVE PERSONNEL, AIR FORCE

   For Reserve Personnel, Air Force, funds are to be available for fiscal year 2009, as follows:

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   NATIONAL GUARD PERSONNEL, ARMY

   For National Guard Personnel, Army, funds are to be available for fiscal year 2009, as follows:

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   NATIONAL GUARD PERSONNEL, AIR FORCE

   For National Guard Personnel, Air Force, funds are to be available for fiscal year 2009, as follows:

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   TITLE II--OPERATION AND MAINTENANCE

   For Operation and Maintenance, funds are to be available for fiscal year 2009, as follows:

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   Directed Transfer of Working Capital Fund Cash

   Section 8119 reduces funding to the Operation and Maintence accounts to reflect cash balance adjustments in the Defense Working Capital Funds. The Department is directed to transfer $823,000,000 from Defense Working Capital Fund, Army, to Operation and Maintence, Army, and transfer $36,000,000 from the Defense Working Capital Fund Air Force, to Operation and Maintence, Air Force.

   ``Soft'' Power and Inter-Agency Burden Sharing

   The current inter-agency allocation of resources and responsibilities does not support an appropriate balance of the civilian and military instruments of national security. The Department of Defense has learned in recent years that successful security and stability operations require not only military action, but also sustained application of the diplomatic, development and economic tools that are the traditional responsibilities of the Department of State and the U.S. Agency for International Development (USAID). Reflecting the importance of these non-military national security assets, the Secretary of Defense has repeatedly called for a dramatic increase in U.S. spending on diplomacy, foreign assistance, civic action, and economic development and reconstruction.

   The Department has often assumed responsibility for development and reconstruction activities reluctantly and because the civilian agencies are either unable or unwilling to carry them out. However, significant increases were requested for several programs that duplicate efforts traditionally carried out by the Department of State and USAID, notably, the global train and equip and global security and stability programs; the new humanitarian relief aspect of the Combatant Commander's Initiative Fund; and a thirty-percent increase in the funds requested for the Commander's Emergency Response Program (CERP).

   This apparent consolidation of U.S. security assistance, foreign aid, and humanitarian assistance and development programs within the Department of Defense is concerning. Neither the Nation's nor the Department's interests are well served by this institutional shift of responsibility for traditional elements of soft power'' from U.S. civilian agencies to the military. Given the tremendous strains the services face in the current operational environment, the Department should refrain from assuming additional soft power roles and work with Congress and the next Administration toward a more rational balance of inter-agency burden sharing and resource allocation.

   Family Advocacy Program

   The bill provides a total of $410,000,000 for family advocacy programs in fiscal year 2009. The additional funding provided herein will enhance the activities of the Family Advocacy Program (FAP) and provide for children and families managing the difficult challenges of military service. The concern about the growing need for family members to have access to professional counseling to help alleviate the mental stresses associated with deployments continues as stress on families reaches unprecedented levels. Current challenges facing today's military families include multiple and lengthy deployments, frequent moves, a shortage of child care nationwide, a wide range of financial complexities, the need for a two-income family and family reintegration. The loss of the daily presence of a parent--or parents--in the home and the worry about the safety of a deployed parent is a difficult burden for children. The activities provided by FAP products and services help mitigate the disruption and stress in the military family when facing a variety of stressors, such as relocation, deployment, shifts in family responsibility, and the loss or injury of loved ones.

   The Department is taking action to create a Military OneSource Center to develop cutting-edge quality of life support for the military's emerging needs including deployment, mobilization, and reintegration. The Center will promote the readiness of military families throughout the military life cycle, from recruitment, relocation, deployment and mobilization, to retirement.

   Therefore, a family advocacy program line has been created within the Operation and Maintenance, Defense-Wide account to enable better execution of the funding provided and to enable the Military OneSource Center to conduct appropriate evaluation and development of cost-effective quality of life resources that can be made available to all servicemembers and their families. The Family Advocacy Program should continue umbrella programs to include Military OneSource call center, counseling (financial and family), and other outreach programs that are most efficiently resourced at the Department level and any other missions deemed necessary that demonstrate a benefit to the servicemembers and their families. The Center will institutionalize the support that has been provided to servicemembersCC and their families since the beginning of the Global War on Terror.

   Joint Task Force Guantanamo/Detainee Operations

   The Secretary of Defense has indicated that he favors closing the detention facilities at Guantanamo Bay, Cuba. The June 12, 2008 decision by the United States Supreme Court that detainees at Guantanamo are entitled to the procedural protection of habeas corpus undermines the rationale to continue holding detainees offshore. Therefore, the Secretary is directed to develop options for the disposition of the Guantanamo Bay detention facility (to include potential closure), and the relocation of its population to alternative detention facilities; and to provide a report on such options, including the potential cost, schedule and disposition of detainees to the congressional defense committees within 180 days of enactment of this Act.

   Facilities Sustainment, Restoration and Modernization

   The Department of Defense has not directed sufficient management attention to maintaining and repairing facilities and the Department is deferring maintence on barracks and other facilities affecting the quality of life of Service personnel. Early this year, the deplorable living conditions that servicemembers had to endure upon returning from deployment came to light. Billions of dollars have been provided over the years for facilities repair; however, these funds are often used as funding sources for other operation and maintenance year-of-execution funding requirements. The bill provides an additional $493,500,000 for sustainment, restoration and modernization of barracks. In order to ensure that these funds are obligated and expended for sustainment, restoration and modernization of barracks, these funds shall be treated as a congressional interest item and should be so designated on the DD Form 1414.

   Further, to focus management attention on the condition of barracks, the Department is directed to survey barracks at all Defense installations and document the extent to which barracks meet the established Department standards; reasons why such facilities fail to meet such standards; and estimate the funding required by fiscal year for each military service to bring barracks into compliance with the Department's standards. The Secretary of Defense is to provide the results of this survey to the congressional defense committees not later than February 27, 2009.

   Operation and Maintenance Reprogrammings

   The bill includes a provision identical to the provision enacted in fiscal year 2008 that requires the Department to submit the DD Form 1414, Base for Reprogramming Actions, for each of the fiscal year 2009 appropriations accounts within 60 days after the enactment of this Act. This provision prohibits the Department from executing any reprogramming or transfer of funds for any purpose other than originally appropriated until the aforementioned report is submitted to the House and the Senate Committees on Appropriations.

   With respect to the Service's operation and maintenance accounts, the Department shall submit prior approval reprogramming requests to the congressional defense committees for proposed transfers of funds in excess of $15,000,000 to or from the levels specified for budget activities. In addition, the Department should follow prior approval reprogramming procedures for transfers in excess of $15,000,000 out of the following budget subactivities:

   Operation and Maintenance, Army:

   Land Forces Depot Maintenance

   Operation and Maintenance, Navy:

   Aircraft Depot Maintenance

   Ship Depot Maintenance

   Operation and Maintenance, Marine Corps:

   Depot Maintenance

   Operation and Maintenance, Air Force:

   Air Operations Depot Maintenance

   Mobility Operations Depot Maintenance

   Basic Skills/Training Depot Maintenance

   Logistics Operations Depot Maintenance

   Further, the Department shall provide written notification of cumulative transfers in excess of $15,000,000 from the following budget subactivities:

   Operation and Maintenance, Army:

   Maneuver Units

   Modular Support Brigades

   Land Forces Operations Support

   Force Readiness Operations Support

   Base Operations Support

   Facilities, Sustainment, Restoration and Modernization

   Operation and Maintenance, Navy:

   Facilities Sustainment, Restoration and Modernization

   Operation and Maintenance, Marine Corps:

   Facilities Sustainment, Restoration and Modernization

   Operation and Maintenance, Air Force: Primary Combat Forces

   Combat Enhancement Forces

   Combat Communications

   Facilities Sustainment, Restoration and Modernization

   With respect to Operation and Maintenance, Defense-Wide, proposed transfers of funds to or from the levels specified for defense agencies in excess of $15,000,000 shall be subject to prior approval reprogramming procedures. In addition, the Department shall provide written notification of cumulative transfers in excess of $15,000,000 or 20 percent, whichever is less, from the following line items identified in the Operation and Maintenance, Defense-Wide project level table contained in this Act:

   Defense Legal Service Agency

   Office of the Secretary of Defense

   Acquisition, Technology, and Logistics Programs

   Personnel and Readiness

   Comptroller and Chief Financial Officer

   Under Secretary of Defense (Intelligence)

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   Under Secretary of Defense (Policy)

   Director, Program Analysis and Evaluation

   Assistant Secretary for Defense (Networks and Information Integration)

   A congressional interest item contained in Operation and Maintenance, Defense-Wide is defined only as a specified increase provided in this Act.

   Operation and Maintenance Budget Execution Data

   The Department of Defense is directed to continue to provide the congressional defense committees with quarterly budget execution data. Such data should be provided not later than forty-five days past the close of each quarter for the fiscal year, and shall be provided for each O--1 budget activity, activity group, and subactivity group for each of the active, defense-wide, reserve and National Guard components. For each O--1 budget activity, activity group, and subactivity group, these reports shall include: the budget request and actual obligations; the Department of Defense distribution of unallocated congressional adjustments to the budget request; all adjustments made in establishing the Base for Reprogramming (DD Form 1414) report; all adjustments resulting from below threshold reprogrammings; and all adjustments resulting from prior approval reprogramming requests.

   Electrical Fires at Military Bases in Iraq

   There is concern with the number and severity of electrical fires at military bases in Iraq. In a single six month period, 283 fires destroyed or damaged military facilities in Iraq. More than a dozen servicemembers have been electrocuted in Iraq since the beginning of the war, with many more injured, some seriously. This is unacceptable. The Secretary is directed, within 60 days of enactment of this Act, to provide a report to the congressional defense committees that details the extent and causes of the problem, and what mitigating and corrective actions the Department plans.

   Ground Combat Helmet Pads

   The frequency of traumatic brain injury among ground combat forces due to accidents and combat operations, including attacks by improvised explosive devices and explosively formed penetrators, is a matter of great concern. The Army and Marine Corps should leverage all available technology to provide combat helmets that offer the best possible protection against traumatic brain injury. Reportedly, the Army may be exploring the possibilities of adapting certain aspects of padding used in protective helmets worn in professional sports to better protect soldiers against concussions, and the Army and the Marine Corps may accept helmet padding that meets minimum standards when better performing padding may be available, albeit at a greater cost. The Army and Marine Corps are encouraged to aggressively pursue all available advances in protection against head injuries among ground combat soldiers.

   The Government Accountability Office is directed to provide a report and recommendations to the congressional defense committees within 120 days of enactment of this Act on the padding used in ground combat helmets by the Army and Marine Corps. The report shall address the materials in use and improved products that may be available for use for shock absorption, all weather performance, maintainability and overall best value attributes.

   Alaskan Command Deployment Support

   In light of the recent and projected deployment of military forces from Alaska in support of the Global War on Terror, the significant hardships encountered by many families and spouses during these lengthy deployments are recognized. Considering that two Army brigades and an Air Expeditionary Force will be deployed at the same time in 2009, the stress of these deployments on families will be significant. During a servicemembers' absence, military spouses are solely responsible for caring for children, maintaining employment, and managing household finances. Accordingly, $6,000,000 is provided to support the needs of these families, of which $2,000,000 is specifically intended for child care support services.

   Intelligence, Surveillance and Reconnaissance

   The Secretary of Defense notified the House and the Senate Committees on Appropriations of a number of urgent Intelligence, Surveillance and Reconnaissance needs for fiscal year 2009 that were not contained in the President's budget request. In order to respond to these emerging requirements, an increase of $750,000,000 is provided in operation and maintenance, procurement, and research, development, test and evaluation accounts. The following table includes operation and maintenance funds provided in support of this initiative.

   OPERATION AND MAINTENANCE, ARMY

   For Operation and Maintenance, Army, funds are to be available for fiscal year 2009, as follows:

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   Army Continuing Education System

   It is important to provide returning soldiers and wounded warriors with opportunities to engage in retraining and vocational education programs. Community college systems throughout the Nation can readily provide these opportunities without duplicating the military's efforts. Therefore, $19,000,000 is provided for the Army's off-duty and voluntary education retraining programs under the Army Continuing Education System to provide increased opportunity for soldiers and wounded warriors to acquire technical, vocational or advanced training and re-training. The Army is directed to work with accredited community colleges to build upon existing programs and develop new pilot re-training programs in high demand career occupations, including rehabilitation, nursing, medical technology and other health care occupations.

   Smart Contracting

   For the past several years, significant attention and resources have been focused on the Department's acquisition process and its workforce. There is commitment to providing the tools and resources to facilitate smarter contracting processes. The Secretary of the Army is directed to submit a report to the congressional defense committees no later than 60 days after enactment of this Act, detailing the Army's progress in implementing the key recommendations of the Gansler Commission.

   OPERATION AND MAINTENANCE, NAVY

   For Operation and Maintenance, Navy, funds are to be available for fiscal year 2009, as follows:

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   Combatant Commander Residual Funding

   In the fiscal year 2009 budget request, each Service created two new budget line items to track combatant commander (COCOM) resources. According to the fiscal year 2008 budget, COCOM funding for the Navy to support Joint Forces Command and Pacific Command was budgeted in line 1C6C Combat Support Forces in the amount of $398,000,000 for fiscal year 2009. However, the fiscal year 2009 budget only transferred $378,000,000 to the new budget lines. Therefore, line 1C6C Combat Support Forces is overstated and is reduced by $20,000,000. The reduction shall not be applied to COCOM resources.

   Naval Shipyard Workforce Development Programs

   There is concern about the challenges to recruit and retain qualified personnel at the Navy shipyards. It is becoming increasingly difficult to attract and retain engineers into the public sector primarily because of the benefits offered to engineers in the private sector and because the shipyards do not have the necessary programs and incentives to groom executive management and leadership skills to further workforce development. There is strong support for the Naval Apprenticeship Program, which has the potential to contribute to the workforce in other positions if provided opportunities and incentives. Therefore, the Navy is directed to establish programs to provide opportunities and financial incentives for top performers to receive four-year engineering degrees, executive management training certificates, and business school degrees. Programs similar to the apprenticeship program can help stave off the impending steep decline in personnel at the shipyards and ensure a more stable workforce. The Navy is directed to work with each shipyard and the respective local educational institutions to craft these programs and report to the House and the Senate Committees on Appropriations by April 30, 2009, on a plan for implementation.

   Naval Shipyard Apprentice Program

   During fiscal year 2009, the Navy shall induct classes of no fewer than 100 apprentices, respectively, at each of the naval shipyards. The Navy is directed to include the costs of the fiscal year 2010 class of apprentices in its budget request.

   U.S. Coast Guard

   Department of Defense regulations currently restrict mission appropriated activities from offering reimbursable rates to non-Department of Defense agencies. This restriction forces the Navy to charge the U.S. Coast Guard fully-burdened rates for drydocking services at Navy shipyards rather than reimbursable rates. Therefore, the Navy may use funds appropriated under operation and maintenance to pay the cost to dry dock U.S. Coast Guard ships at Naval shipyards.

   OPERATION AND MAINTENANCE, MARINE CORPS

   For Operation and Maintenance, Marine Corps, funds are to be available for fiscal year 2009, as follows:

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   OPERATION AND MAINTENANCE, AIR FORCE

   For Operation and Maintenance, Air Force, funds are to be available for fiscal year 2009, as follows:

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   Grand Forks Air Force Base, North Dakota, Infrastructure

   The January 2008 United States Air Force Weapons Systems Roadmap anticipates a future KC-X tanker mission at Grand Forks Air Force Base after the departure of the base's current fleet of KC-135R tankers. Thus, the Air Force is directed to prepare a report which recommends the best way to keep the base and its associated infrastructure viable until the potential arrival of KC-X tanker aircraft so it does not have to rebuild or recreate facilities and capabilities that now exist. This report shall be provided to the House and the Senate Committees on Appropriations within 90 days of enactment of this Act.

   OPERATION AND MAINTENANCE, DEFENSE-WIDE

   For Operation and Maintenance, Defense-Wide, funds are to be available for fiscal year 2009, as follows:

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   U.S. Africa Command

   A stable, secure Africa is strategically important to the United States and our allies. The creation of U.S. Africa Command (AFRICOM) is a first-step in developing a persistent, cohesive U.S. policy toward that continent. However, AFRICOM's current funding, staffing and organizational configuration place a disproportionate burden of U.S. policy in Africa on the Department of Defense (DoD).

   While armed conflict, terrorism, piracy and trafficking pose real security threats to African stability that can be mitigated by closer military ties between the U.S. and our African partners, many of the challenges facing Africa today require diplomatic, economic, humanitarian and development tools of other, non-DoD U.S. agencies. Calming political unrest, building civil society, consolidating democratic achievements, expanding economic growth, addressing humanitarian crises, preventing the spread of HIV/AIDS and caring for its victims require a robust inter-agency and international approach.

   Some of the U.S. partners in Africa have also signaled their discomfort with the military-first approach embodied by AFRICOM. Of the dozen nations asked to host AFRICOM's headquarters or one of the five planned Regional Integration Team (RIT) offices, few have expressed public interest. Despite repeated assurances from the Secretary of Defense, the people and governments of friendly African nations believe that AFRICOM potentially represents a permanent U.S. military presence on the continent.

   While the creation of AFRICOM is a crucial first-step in establishing a strategic U.S. policy toward Africa, the current inter-agency division of labor is not optimal for meeting U.S. long term goals. The Department of Defense should work within the inter-agency process to correct the alignment of U.S. human and financial resources to more effectively support the emergence of a stable, secure, successful and democratic Africa. The Department of State and the U.S. Agency for International Development should also play a more significant role in this new organization supported with the appropriate funding and manpower required.

   In the mean time, the Secretary of Defense, in coordination with the Secretary of State and the Administrator of the U.S. Agency for International Development, is directed to provide a report, no later than April 1, 2009, to the congressional defense committees, on how AFRICOM's mission, staffing, and inter-agency composition can be optimized to create an organization better equipped to meet these policy objectives. The report should also include current thinking on AFRICOM's presence in Africa and any plans related to the permanent location of AFRICOM assets or personnel on the continent.

   Military Tires

   The Department of Defense Appropriations Act, 2008 (Public Law 110-116) directed the Defense Logistics Agency (DLA) to ensure that the military tire market remains a fair and competitive marketplace as DLA implements the tire privatization initiative required by the 2005 Base Realignment and Closure Act. Specifically, the conferees directed DLA to ``ensure that all tire manufacturers are on an equal footing in the competitive market with respect to information on tire demand and that, to the extent practicable under the existing contracts, new tire types are subject to fair and equal competition among qualified manufacturers.'' There is concern that the DLA has not sufficiently complied with these requirements and the need to ensure that all tire manufacturers are provided access to the Government's forecasts for future tire needs. Therefore, the Secretary of Defense is directed to report to the congressional defense committees by April 15, 2009, on what steps are being taken to maintain a fair and competitive marketplace for military tires.

   Defense Contract Management Agency

   In fiscal year 2008, Congress provided an additional $14,000,000 to the Defense Contract Management Agency (DCMA) to eliminate planned reductions in full-time staff. This additional funding, which was designated a ``congressional item of interest,'' was nevertheless inappropriately subjected to an across-the-board funding reduction imposed by the Under Secretary of Defense, Comptroller. The Secretary of Defense is directed to provide a report to the congressional defense committees within 60 days of enactment of this Act addressing the following: the justification (if any) for this reduction; the impact of this reduction on the number of full-time DCMA staff; and the Department's plan for restoring any full-time staff that may have been lost as a result of the Department's failure to carry out the directive.

   An additional $52,000,000 was also provided to DCMA in the Fiscal Year 2008 Emergency Supplemental Appropriations Act for the purpose of hiring 250 full-time contract-management personnel. The Secretary is directed to include in the aforementioned report a spend plan for this additional funding, an assessment of future additional staffing requirements DCMA will have in order to ensure proper oversight and management of anticipated contracting work load, and a workforce plan for achieving the necessary staffing levels.

   Global Train and Equip Program

   For the Global Train and Equip Program, $350,000,000 is provided under the Defense Security Cooperation Agency. This limited authority was designed as a pilot project to enhance our ongoing programs to train and equip allied nations' counterterrorism efforts. Normally, the Department of State is tasked to perform this critical function, but the Department of Defense requested the ability to augment these efforts due to the Global War on Terror. Increasing the Nation's counterterrorism efforts around the globe is strongly supported but the responsibility to train and equip foreign military forces should rest with the Department of State. The Administration should request funds for this purpose in the Department of State's budget when this authority expires.

   Federal Prison Industries

   The Bureau of Prisons considers Federal Prison Industries (FPI) an important correctional tool that plays a critical role in reducing inmate recidivism and idleness. To ensure the success of the FPI program, United States Code (USC) Title 18, Chapter 307 requires Federal departments and agencies to purchase products from FPI ``as meet their requirements and may be available''. However, Congress has expressed concern that this provision of law could impose on the Department of Defense a requirement to procure products that do not meet the needs of the Department in terms of price, quality and timeliness of delivery. To meet this concern, section 827 of the National Defense Authorization Act of Fiscal Year 2008 (Public Law 110-181) requires the Secretary to use competitive procedures for the procurement of certain products offered for sale by the FPI. The Secretary is directed to report to the congressional defense committees no later than 45 days after the enactment of this Act on a plan to implement this new requirement, consistent with the requirements of USC Title 18, Chapter 307, Section 4124(d).

   Oil Refineries

   When making public contract announcements regarding the refining of fuel by U.S. companies, the U.S. Department of Defense should not provide the name of the country for which the fuel is being refined or the location of the facility that will refine the fuel.

   Troops to Pilots Demonstration Program

   In 2007, Congress directed the Federal Aviation Administration to increase the mandatory retirement age for commercial airline pilots from age 60 to 65, temporarily alleviating the onset of a national pilot shortage. Although this action improved and maintained a legitimate working number of pilots in the civil industry, there remains a growing shortage of new pilots to take over for those who look to retire over the next decade. A potential option for replenishing the dwindling number of experienced aviators in the country would be to utilize retiring or discharged military aviators from military service to civil pilots. The Department of Defense has similar programs designed to ease service members' transition to civilian life, such as Troops to Teachers, Troops to Nurses, and Helmets to Hardhats. Accordingly, $2,500,000 is included for a demonstration program that will train and recruit retiring or discharged military aviators who wish to pursue a career in civilian aviation. This program should be conducted in a state that has a high per capita number of pilots as well as a sizeable military aviation presence. The program should also take into account heavy geographic reliance on aviation along with a robust aviation infrastructure, including academic institutions with expertise in piloting and aviation technology.

   OPERATION AND MAINTENANCE, ARMY RESERVE

   For Operation and Maintenance, Army Reserve, funds are to be available for fiscal year 2009, as follows:

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[Page: H9507]

   OPERATION AND MAINTENANCE, NAVY RESERVE

   For Operation and Maintenance, Navy Reserve, funds are to be available for fiscal year 2009, as follows:

[Page: H9509]

[Page: H9510]

   OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

   For Operation and Maintenance, Marine Corps Reserve, funds are to be available for fiscal year 2009, as follows:

[Page: H9512]

[Page: H9513]

   OPERATION AND MAINTENANCE, AIR FORCE RESERVE

   For Operation and Maintenance, Air Force Reserve, funds are to be available for fiscal year 2009, as follows:

[Page: H9515]

[Page: H9516]

   OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

   For Operation and Maintenance, Army National Guard funds are to be available for fiscal year 2009, as follows:

[Page: H9518]

[Page: H9519]

[Page: H9520]

   OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

   For Operation and Maintenance, Air National Guard, funds are to be available for fiscal year 2009, as follows:

[Page: H9522]

[Page: H9523]

   Overseas Contingency Operations Transfer Account

   For the Overseas Contingency Operations Transfer Account, no funds are provided for fiscal year 2009.

   United States Court of appeals for the Armed Forces

   For the United States Court of Appeals for the Armed Forces, $13,254,000 is provided for fiscal year 2009.

   Environmental Restoration, Army

   For Environmental Restoration, Army, $457,776,000 is provided for fiscal year 2009.

   Environmental Restoration, Navy

   For Environmental Restoration, Navy, $290,819,000 is provided for fiscal year 2009.

   Environmental Restoration, Air Force

   For Environmental Restoration, Air Force, $496,277,000 is provided for fiscal year 2009.

   Environmental Restoration, Defense-Wide

   For Environmental Restoration, Defense-Wide, $13,175,000 is provided for fiscal year 2009.

   Environmental Restoration, Formerly Used Defense Sites

   For Environmental Restoration, Formerly Used Defense Sites, $291,296,000 is provided for fiscal year 2009. The Department is urged to support on-going unexploded ordnance remediation programs in Vietnam. The adjustment to the budget for Environmental Restoration, Formerly Used Defense Sites is shown below:

   $8,500,000

   25,000,000

   Overseas Humanitarian, Disaster, and Civic Aid

   For Overseas, Humanitarian, Disaster, and Civic Aid, $83,273,000 is provided for fiscal year 2009.

   Cooperative Threat Reduction Account

   For the Cooperation Threat Reduction Account, $434,135,000 is provided for fiscal year 2009. This appropriation is provided for the same purposes as prior year appropriations for the ``Former Soviet Union Threat Reduction'' account. The name change is being made to reflect the new, broader focus of the program.

   TITLE III--PROCUREMENT

   For Procurement, funds are to be available for fiscal year 2009, as follows:

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   Congressional Interest Items

   Items for which additional funds have been provided as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' are congressional interest items for purposes of the Base for Reprogramming Department of Defense form (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount, as specifically addressed in these materials.

   Acquisition Cost

   The Department of Defense has exhibited an alarming trend in funding acquisition programs below full cost. In recent years, the Littoral Combat Ship, the Future Combat Systems, the Armed Reconnaissance Helicopter, and the Electromagnetic Aircraft Launching System have all required funds to be reprogrammed in an execution year to correct shortfalls. Additionally, the Joint Strike Fighter, the Future Combat Systems, the Expeditionary Fighting Vehicle, the Global Hawk Unmanned Aerial Vehicle, and the Space Based Infrared Satellite System have all required restructuring by the Department during the budget formulation period. Funds used to correct these shortfalls typically are taken from other acquisition programs. This trend is disturbing and ultimately reduces overall stability in the Department's acquisition programs.

   The causes for this practice are varied and many. In some cases, the Department violates its own policy by not funding programs to the estimate provided by the Department's Cost Analysis Improvement Group (CAIG), which is required by statute to conduct an independent cost estimate on major acquisition programs. In other cases, the cost estimates are flawed, missing key elements of cost. Cost growth or technical challenges are frequently cited as a reason for funding shortfalls, although the fundamental causes can usually be traced back to not funding to the proper estimate from program inception. A major contributor to this problem is that lower than reasonable proposals for programs from contractors are oftentimes accepted by the Department as an opportunity to get major programs started because, once started, history has proven that major programs are rarely terminated.

   By underfunding programs, the Department lengthens development schedules, costs the taxpayers additional dollars, and delays fielding critical capabilities to our Nation's Armed Forces. The Department must be more accountable and fiscally responsible. Since the Department takes the time and expends the resources to conduct independent cost estimates, it should use that information in formulating budgets for the programs. The Department is directed to provide a report to the congressional defense committees that shows which Acquisition Category I (ACAT I) programs did not use the CAIG estimate as the official program estimate at a milestone decision and an explanation as to why the CAIG estimate was not used. The report should encompass the period from fiscal year 2004 through fiscal year 2008 and be submitted prior to March 1, 2009.

   Future Combat Systems (FCS) Restructure

   The Future Combat Systems (FCS) remains the Army's top priority modernization program, designed to provide rapidly deployable, highly survivable and lethal forces. While the program has struggled with changing requirements and cost growth in recent years and undergone multiple restructures, support remains strong for the Army's goal to create a more capable and modern force. Most recently, the Army informed Congress of its intent to change the near-term focus of FCS by fielding available capabilities to Infantry Brigade Combat Teams, which are in high demand in the Global War on Terror, and deferring the fielding of these technologies to Heavy Brigade Combat Teams, which were originally slated to first receive the initial FCS spin outs. In support of this program shift, the Army has requested an adjustment to its fiscal year 2009 budget request for FCS from within program funds. Funding in the bill supports the Army's plan to field proven technologies that provide immediate enhanced capabilities to the warfighter and fully supports the Army's requested program adjustments, as detailed below.

   Weapons and Tracked Combat Vehicles, Army:

   Line 8, FCS Spin Outs

   -$137,679

   Line 9, FCS Spin Outs Advance Procurement

   +28,479

   Research, Development, Test and Evaluation, Army:

   Line 89, Non Line of Sight Launch System

   +8,600

   Line 91, FCS Manned Ground Vehicles & Common Ground Vehicle

   +11,000

   Line 92, FCS System of Systems Engineer & Program Management

   +5,500

   Line 93, FCS Reconnaissance [UAV] Platforms

   +11,000

   Line 95, FCS Unattended Ground Sensors

   +4,100

   Line 96, FCS Sustainment & Training R&D

   +19,000

   Line 97, Modular Brigade Enhancement

   +38,500

   Research, Development, Test and Evaluation, Navy:

   Line 96, Joint Tactical Radio System-Navy

   +11,500

   Acquisition Workforce Development Fund

   Section 852 of the National Defense Authorization Act for Fiscal Year 2008 established the Department of Defense Acquisition Workforce Development Fund (AWDF) to finance recruiting, training, and retention of acquisition personnel. Funding for the AWDF is generated by taking funds appropriated for other programs. In fiscal year 2008, the planned funding level is approximately $258,000,000 and it will grow to $600,000,000 in fiscal year 2011 and thereafter.

   There is concern about sustaining a trained, capable and adequately manned acquisition workforce, particularly as the Department faces a wave of retirements over the coming years that may leave the workforce without the most experienced members. However, there are problems with the way the AWDF is currently constituted. These concerns include:

   --AWDF funding is not based on an estimate of the program's requirements;

   --Projected use of the funding is not provided in advance to Congress;

   --The accounting process skews the obligation and expenditure data on appropriations used to finance the AWDF;

   --Expiring funds may be used to finance the AWDF thereby extending, or effectively re-appropriating without congressional approval, those funds for up to two years beyond the original life of the appropriation.

   The simple and straightforward solution to these problems is to bring the AWDF into the regular appropriations process. The Department is directed to include the funding required for the Acquisition Workforce Development Fund in its fiscal year 2010 budget request.

   Government Accountability Office

   For each of the past six years, the Government Accountability Office has provided an assessment on a broad range of weapon systems that consists of (1) a macro analysis of how well acquisition programs are performing and reasons for that performance, and (2) specific analyses of individual weapon system programs. The report that results from this annual assessment has proven invaluable as an independent look at cross-cutting acquisition issues and in evaluating the status of individual weapon systems. This work has thus far been conducted under the Comptroller General's own authority. The Comptroller General is directed to perform the annual assessment of selected weapon system programs and to report the results of the assessment to the congressional defense committees by March 30th of each year.

   Joint Strike Fighter F-136 Engine Development

   The fiscal year 2009 budget request included no funding for the continued development of the F-136 engine as an alternate engine within the Joint Strike Fighter program. The bill includes $430,000,000 for the continued development of this engine within the Navy and Air Force's Joint Strike Fighter development programs and $35,000,000 for advance procurement items within the Aircraft Procurement, Air Force appropriation. The Secretary of Defense is once again directed to fully fund the F-136 engine development and procurement efforts in the fiscal year 2010 budget submission.

   Air Force Acquisition

   The Air Force continues to experience significant difficulties in acquiring major acquisition systems in a timely and cost effective manner. From protests upheld by the Government Accountability Office (GAO) to numerous Nunn-McCurdy breaches, it is apparent that the acquisition process is seriously flawed and change is needed. As a starting point, the Air Force needs to ensure that its programs have well-understood requirements, manageable development cycles, realistic cost estimates, and adequate program funding for the entire development cycle. There are a number of remedies that would improve the Air Force's prospects in its acquisitions. Some examples are:

   Disciplined use of tried and true systems engineering practices to ensure that a proposed system's performance requirements are achievable with available resources before beginning an acquisition program;

   Establishing a clear business case for each program that is agreed upon by the warfighter, the comptroller, and the acquisition community;

   Maturing technologies until they are ready for an acquisition program (separating technology development from acquisition programs);

   Continuing to develop a skilled workforce capable of managing requirements trades, source selection, and knowledge-based acquisition strategies;

   Basing programmatic decisions on demonstrated knowledge; and

   Matching program manager tenure with the duration of the system design and demonstration phase of a program, and tailoring career paths and performance management systems to incentivize longer tenures.

   The Secretary of Defense is directed to provide a report no later than March 31, 2009, to the congressional defense committees on the Department's plans to reform Air Force acquisition to address the problems that have continued to plague the acquisition process.

   Reprogramming Guidance for Acquisition Accounts

   The Department of Defense is directed to continue to follow the reprogramming guidance specified in the House Report (H. Rept.

[Page: H9527]

   Reprogramming Reporting Requirements

   The Under Secretary of the Department of Defense, Comptroller is directed to continue to provide the congressional defense committees quarterly, spreadsheet-based DD1416 reports for service and defense-wide accounts in titles III and IV of this Act as required in the statement of the managers accompanying the conference report on the Department of Defense Appropriations Act, 2006.

   Intelligence, Surveillance and Reconnaissance

   The Secretary of Defense notified the House and the Senate Committees on Appropriations of a number of urgent Intelligence, Surveillance and Reconnaissance (ISR) needs for fiscal year 2009 that were not contained in the budget request. In order to respond to these emerging requirements, an increase of $750,000,000 is provided in operation and maintenance, procurement, and research, development, test and evaluation accounts. The following table includes procurement funds provided in support of this initiative.

   Funding Increases

   The funding increases outlined in these tables shall be provided only for the specific purposes indicated in the table.

   AIRCRAFT PROCUREMENT, ARMY

   For Aircraft Procurement, Army, funds are to be available for fiscal year 2009, as follows:

[Page: H9528]

[Page: H9529]

[Page: H9530]

   Kiowa Warrior

   The bill provides an additional $42,000,000 for safety, performance, and weight enhancements for the Kiowa Warrior. The Army is directed to use these funds on projects which provide the greatest benefit for sustaining the Kiowa Warrior until the Armed Reconnaissance Helicopter is fielded.

   Fort Knox Godman Army Airfield

   Congress provided $3,200,000 for the Fort Knox Godman Army Airfield Area Surveillance Radar in the Department of Defense Appropriations Act, 2008 (Public Law 110-116). Due to the increasing cost of this initiative, the Army no longer intends to purchase the radar and now plans to purchase comparable air traffic control equipment with the funding. The Army is directed to use the funds for this alternative purpose at Fort Knox Godman Army Airfield.

   MISSILE PROCUREMENT, ARMY

   For Missile Procurement, Army, funds are to be available for fiscal year 2009, as follows:

[Page: H9532]

[Page: H9533]

   Javelin

   The bill provides a total of $259,326,000 for the Javelin Advanced Antitank Weapon System. Funds are appropriated to procure a maximum of 81,391 all up rounds and 125,239 command launch units.

   PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

   For Procurement of Weapons and Tracked Combat Vehicles, Army, funds are to be available for fiscal year 2009, as follows:

[Page: H9535]

[Page: H9536]

[Page: H9537]

   PROCUREMENT OF AMMUNITION, ARMY

   For Procurement of Ammunition, Army, funds are to be available for fiscal year 2009, as follows:

[Page: H9539]

[Page: H9540]

[Page: H9541]

   OTHER PROCUREMENT, ARMY

   For Other Procurement, Army, funds are to be available for fiscal year 2009, as follows:

[Page: H9543]

[Page: H9544]

[Page: H9545]

[Page: H9546]

[Page: H9547]

[Page: H9548]

[Page: H9549]

[Page: H9550]

[Page: H9551]

[Page: H9552]

[Page: H9553]

   HIGH MOBILITY MULTI-PURPOSE WHEELED VEHICLES (HMMWV)

   There is concern with the threat of Soldiers and Marines becoming trapped in overturned HMMWVs. The Army and Marine Corps are encouraged to outfit deployed HMMWVs with a means of rapid emergency egress in the event that the vehicle's doors are inoperable.

   Limitation on Single Channel Ground and Airborne Radio System (SINCGARS) Procurement

   The bill includes $87,288,000 for the procurement of SINCGARS radios. However, concerns remain about the ability of the Army to adequately manage contracts to fulfill increased operational requirements for SINCGARS radios. In particular, recent acquisition decisions and justifications by the Department of the Army raise questions about its procurement strategies, especially as they relate to the Joint Tactical Radio System (JTRS). Therefore, none of the funds in this Act shall be used for procurement of SINCGARS radios until the Secretary of Defense certifies to the congressional defense committees that any such procurement of SINCGARS radios will utilize full and open competition that will provide best value for Army radio requirements including consideration of multi-band, JTRS capable solutions.

   Sniper Defeat

   There is concern over the Army's slowly evolving approach to providing materiel solutions to the field for Sniper Defeat. To date, the Army has not requested funds for Sniper Defeat in spite of the fact that this issue has been a major concern since the spring of 2006. In February 2007, the Vice Chief of Staff, Army directed that a soldier borne and vehicle/fixed site system be designated as programs of record. As of June 2008, the Army had neither designated a program of record for either the soldier or fixed site program nor had the Army programmed or budgeted any funds for either of these efforts. A notional program schedule for the soldier borne system revealed that initial procurement would not occur until the end of fiscal year 2010 at the earliest. This is an incorrect acquisition approach for what are essentially off the shelf, go to war systems. The Army is expected to budget sufficient funds to ensure all deploying units are equipped with both soldier borne as well as vehicle/fixed site capabilities during pre-deployment training as well as during their deployment.

   AIRCRAFT PROCUREMENT, NAVY

   For Aircraft Procurement, Navy, funds are to be available for fiscal year 2009, as follows:

[Page: H9555]

[Page: H9556]

[Page: H9557]

[Page: H9558]

[Page: H9559]

   F/A-18 Super Hornet

   Shortfalls exist in the Navy's strike-fighter inventory caused by the aging of older tactical aircraft and the fact that the F-35 Joint Strike Fighter program will not begin to deliver carrier aircraft in significant quantities for several years. In the most optimistic scenario, the shortfall is approximately 69 aircraft and it could be well above that level. To ensure that the Navy has sufficient aircraft for the fleet, the Navy is encouraged to budget for a third multi-year procurement of Super Hornet aircraft beginning in fiscal year 2010. In addition, cost reduction measures which will yield future savings for this program should be explored.

   WEAPONS PROCUREMENT, NAVY

   For Weapons Procurement, Navy, funds are to be available for fiscal year 2009, as follows:

[Page: H9561]

[Page: H9562]

[Page: H9563]

[Page: H9564]

   MK-54 Torpedo

   The MK-54 Torpedo will combine features of several existing torpedo programs with updated processing and software to provide improved performance against modern day threats. Development and performance issues have significantly delayed the production of this weapon. The Navy has informed the House and the Senate Committees on Appropriations that the program has become backlogged to such a degree that $23,000,000 of fiscal year 2008 funding will not be used for fiscal year 2008 torpedo production, but provided to another Navy priority. Increasing the lightweight torpedo inventory is the sixth highest unfunded priority of the Navy. Therefore, the Secretary of the Navy is directed to maintain this funding in the program and use it to finance lightweight torpedo requirements once the torpedo contractor demonstrates a proven production method for the MK-54 program.

   Mobile-User Objective System (MUOS)

   In late June 2008, Congress was informed that the Mobile-User Objective System (MUOS) program was encountering problems that would delay the program and the launch of the MUOS satellites. Due to this delay and the fact that the MUOS program's integration and test plan schedule is based on an Air Force satellite program that is several years behind schedule, the recommendation reduces the request by $163,500,000 for the launch vehicle for the second MUOS satellite. However, the Navy has informed the Congress that despite the current delays to the program, funding may still be required in fiscal year 2009 to purchase the launch vehicle for the second satellite. As such, a reprogramming will be entertained if the Department of Defense determines that, despite the current delays, funding is required to procure a launch vehicle in fiscal year 2009.

   PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

   For Procurement of Ammunition, Navy and Marine Corps, funds are to be available for fiscal year 2009, as follows:

[Page: H9566]

[Page: H9567]

[Page: H9568]

   SHIPBUILDING AND CONVERSION, NAVY

   For Shipbuilding and Conversion, Navy, funds are to be available for fiscal year 2009, as follows:

[Page: H9570]

[Page: H9571]

   Littoral Combat Ship (LCS)

   The bill includes $1,020,000,000 for two LCS seaframes and a rescission of $337,000,000 in fiscal year 2008 LCS funding. Additionally, funds and material from fiscal year 2006 can be used to supplement the fiscal year 2009 LCS program. Due to industrial base concerns, the Navy is directed to make contract awards for the two fiscal year 2009 LCS seaframes as soon as practicable.

   LPD-17

   The bill includes $933,000,000 for the first year of split funding for the LPD-26. The Navy is directed to budget for the remaining funding requirement in fiscal year 2010.

   Surface Combatant Funding

   The bill includes $1,507,603,000 for the first year of split funding for the DDG-1000 program. The Navy is directed to budget for the remaining funding requirement in fiscal year 2010 and to award a construction contract consistent with the ship's current acquisition schedule and the Joint Requirements Oversight Council (JROC) review described in the next section. The bill also includes $200,000,000 in advance procurement funding to preserve the option to restart the DDG-51 class destroyer program.

   Surface Combatant Review

   The Navy's recent decision to truncate production of the DDG-1000 Zumwalt Class destroyers and restart production of the DDG-51 Arleigh Burke Class destroyers will require a program review by the Joint Requirements Oversight Council (JROC). Therefore, the Department is directed to complete a JROC program review, as expeditiously as possible, that examines the Navy's proposal and addresses the warfighting requirements implications of this decision and revalidates future surface combatant warfighting requirements prior to the obligation of any fiscal year 2009 procurement funds for either destroyer program.

   Shipbulding Industrial Base Study

   The Department's Cost Analysis Improvement Group is conducting a study of the shipbuilding industrial base. The Secretary of Defense is directed to submit the results of that study to the congressional defense committees upon its conclusion.

   OTHER PROCUREMENT, NAVY

   For Other Procurement, Navy, funds are to be available for fiscal year 2009, as follows:

[Page: H9573]

[Page: H9574]

[Page: H9575]

[Page: H9576]

[Page: H9577]

[Page: H9578]

[Page: H9579]

[Page: H9580]

[Page: H9581]

[Page: H9582]

   PROCUREMENT, MARINE CORPS

   For Procurement, Marine Corps, funds are to be available for fiscal year 2009, as follows:

[Page: H9584]

[Page: H9585]

[Page: H9586]

[Page: H9587]

[Page: H9588]

   Common Aviation Command and Control System (CAC2S)

   CAC2S is intended to be a modernized, single command and control system designed to replace and consolidate legacy aviation command and air control systems. Since entering the System Design and Demonstration phase in 2002, the program has faced repeated technical hurdles and schedule delays. As a result, the Marine Corps in June altered its acquisition strategy, but did not provide detailed schedules and cost estimates in support of the new acquisition strategy to Congress. The bill provides $10,000,000 for CAC2S in fiscal year 2009, a reduction of $39,339,000, and directs that none of those funds may be obligated until 10 days after the Marine Corps provides updated program details to the congressional defense committees, to include cost estimates and program schedules. It is noted that in the interim, significant amounts of prior year funding remain available to continue the upgrade of legacy systems.

   AIRCRAFT PROCUREMENT, AIR FORCE

   For Aircraft Procurement, Air Force, funds are to be available for fiscal year 2009, as follows:

[Page: H9590]

[Page: H9591]

[Page: H9592]

[Page: H9593]

[Page: H9594]

[Page: H9595]

[Page: H9596]

   MISSILE PROCUREMENT, AIR FORCE

   For Missile Procurement, Air Force, funds are to be available for fiscal year 2009, as follows:

[Page: H9598]

[Page: H9599]

[Page: H9600]

   MINUTEMAN III MOTOR LIFE EXTENSION PROGRAM

   The House and the Senate Committees on Appropriations are awaiting an Air Force report requested in Senate Report 110-155 accompanying the Department of Defense Appropriations Act for Fiscal Year 2008, on the capability of the defense industrial base to maintain, modernize, and sustain the Minuteman III system until 2030, and on the industrial base's capability to replace the Minuteman III with a follow-on land-based strategic deterrent system after 2030. In the interim, the Air Force is encouraged, at a minimum, to continue a warm line status for Minuteman III propulsion systems and to use funds provided for fiscal year 2009 to initiate a Minuteman III motor life extension program.

   PROCUREMENT OF AMMUNITION, AIR FORCE

   For Procurement of Ammunition, Air Force, funds are to be available for fiscal year 2009, as follows:

[Page: H9602]

[Page: H9603]

   OTHER PROCUREMENT, AIR FORCE

   For Other Procurement, Air Force, funds are to be available for fiscal year 2009, as follows:

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   Other Procurement, Air Force Budget Justification Documents

   During its budget review, the congressional defense committees rely on justification documents. It is critical that these budget justifications adhere to the guidelines set forth in Department of Defense Financial Management Regulations (FMR). The regulations clearly state that all exhibits must include production schedules and, when appropriate, both quantity and unit cost information. The Other Procurement, Air Force (OPAF) justification book for fiscal year 2009 includes few production schedules, and most P-5 forms omit quantity and unit cost information. In order to remedy these ommissions, the Air Force is directed to take corrective actions to ensure its justification books fully comply with FMR regulations.

   Procurement, Defense-Wide

   For Procurement, Defense-Wide, funds are to be available for fiscal year 2009, as follows:

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   Combat Mission Requirements

   The Special Operations Command is directed to submit quarterly reports to the congressional defense committees on the use of funds provided in this title for Special Operations Command combat mission requirements.

   NATIONAL GUARD AND RESERVE EQUIPMENT

   For National Guard and Reserve Equipment, funds are to be available for fiscal year 2009, as follows:

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   National Guard and Reserve Equipment

   The bill provides $750,000,000 for the National Guard and Reserve Equipment Account. Of that amount, $480,000,000 is for the Army National Guard; $105,000,000 for the Air National Guard; $52,500,000 for the U.S. Army Reserve; $37,500,000 for the Navy Reserve; $37,500,000 for the Marine Corps Reserve; and $37,500,000 for the Air Force Reserve to meet urgent equipment needs that may arise this fiscal year.

   The funding provided in the National Guard and Reserve Equipment Account shall be executed by the heads of the Guard and reserve components with priority consideration for miscellaneous equipment given to items listed in the ``Essential 10 Equipment Requirements for the National Guard'' as identified by the Chief, National Guard Bureau, and as defined in the unfunded priority list for each reserve component.

   This funding will allow the Guard and reserve components to procure high priority items such as: AB-FIST Gunnery Trainer Upgrades; Advanced Targeting Pod Spiral Upgrade Kits; AESA--Scanned Array Radar; AH-64 helicopter conversion from A model to D model; Advanced Mission Extender Device; ARC-220 radios for UH-60 Black Hawks; Ambulance Trucks; AN/AAQ-24 (LAIRCM) for C-17, C-130, and KC-135R; AN/AVS-6; Armored Security Vehicles; Bradley Operation Desert Storm Situational Awareness (ODS SA) hardware kits; Combat Readiness Training Centers (CRTC); Combined Arms Virtual Trainers; Electronic Flight Information System upgrades and MPRS Modification Programs for KC-135R; EPLRS Microlite; Engine Kits to Modify the F 100-PW to the 220E configuration; Fuel Service tank trucks; Defense Advanced GPS Receivers; F-15 Advanced Radar Warning Receiver (RWR) Subset of Eagle Passive Active Warning Survivability System (EPAWSS); F-15 Embedded GPS/INS (EGI); F-15 Joint Helmet Mounted Cueing System (JHMCS); F16 Block 42 Engine Upgrades; F-16 Full Combat Mission Trainer (FCMT); Fuel Catalyst Vehicle Retrofit; HC-130 AN/ARS-6v12 Recovery Systems; HC-130 Multi Function Color Display; Heavy Expanded Mobility Truck Wreckers with winch; Infrared Aircraft Deicing systems; HH-60 Blackhawk medical evacuation helicopters; Integrated Mechanical Diagnostic-Health and Usage Monitoring system; Integrated Terrestrial and Satellite Emergency Communications Capability (ITSECC); Joint Threat Emitter (JTE) Production Acceleration; Large Aircraft Infrared Counter-Measures; M1151 Up-Armored HMMHV; M249 Machine Gun; M2 .50 Caliber Machine Gun; M777A2 Lightweight 155MM Howitzer; Mine Resistant Ambush Protected Vehicle Virtual Trainers; Minuteman Digitization Demonstration; Panoramic Night Vision for HH-60s; Reset additional Bradley Fighting Vehicle System (BFVS) M2/3 ODS vehicles to the BFVS M2/3 ODS SA configuration; Rover III Receiver; Small Scale Joint Service Transportable Decontamination System; T56 engine mod kits; Tactical Cargo Trucks; Tandem Tether Parachutes; Tank Gunnery Trainer, Tank Maneuver Trainer and Tabletop Full-fidelity Trainer (TGT, TMT, and TFT) Tabletop Trainers; Technisonic TDFM-6148; UH-60 A to L conversions; Telepresent Rapid Aiming Platform (TRAP); UHF/VHF radios; Upgrade of Eagle Vision VI; VCC+ (Very High Speed Integrated Circuitry Central Computer (VHSICC) Plus); Virtual Convoy Operations Trainers; and Virtual Door Gunner Trainers.

   Modernization Priorities

   Each National Guard and reserve component commander shall submit to the congressional defense committees a detailed assessment of that component's modernization priorities, not later than 30 days after enactment of this Act. The National Guard and reserve component commanders should exercise control of the funds provided in this account, to better ensure that the most urgent National Guard and reserve equipment modernization priorities are addressed with the funding provided in this appropriation.

   Defense Production Act Purchases

   For Defense Production Act Purchases, funds are to be available for fiscal year 2009, as follows:

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   TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

   For Research, Development, Test and Evaluation funds are to be available for fiscal year 2009, as follows:

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   Congressional Interest Items

   Items for which additional funds have been provided as shown in the project level tables or in paragraphs using the phrase ``only for'' or ``only to'' are congressional interest items for purposes of the Base for Reprogramming Department of Defense form (DD Form 1414). Each of these items must be carried on the DD Form 1414 at the stated amount, as specifically addressed in these materials.

   Technology and Industrial Base Considerations

   Section 2440 of Title 10 of the United States Code specifically addresses the need for consideration of industrial base when developing and implementing acquisition programs. The Secretary of Defense is directed to comply with 10 U.S.C. 2440 as it applies to the consideration of national technology and industrial base in the development and implementation of acquisition plans for each major defense acquisition program. Additionally, the Secretary of Defense is directed to provide a report to the congressional defense committees within 30 days of enactment of this Act on how the Department implements Section 2440 in the major defense acquisition programs.

   KC-135 Tanker Replacement Program

   On September 10, 2008, the Secretary of Defense informed the Congress that he was terminating the solicitation for the KC-135 tanker replacement program. After seven years of deliberation, the Department of Defense is no closer to providing the warfighter with a replacement for the aged KC-135s. The Department's latest decision could delay replacing the tankers for several more years. The timing of the Secretary's notification made it too late for the Congress to undertake a comprehensive review of alternatives and mandate a way forward that would be fair to all parties involved. The Department of Defense needs to address this serious problem as quickly as possible. The Department of Defense should consider any practical option that would enable the replacement of the KC-135s expeditiously to include the possibility of awarding competitive contracts to more than one offeror.

   In light of the termination, the bill provides $62,500,000 in Operation and Maintenance, Air Force for modest upgrades to the KC-135s to ensure continued reliability of the fleet. In addition, funding is provided for program office operations, termination costs, and anticipated claims from the offerors.

   Research, Development, Test and Evaluation (RDT&E) Program Element Codes and Budget Justification Documents

   Senate Report 110-155, accompanying the Fiscal Year 2008 Department of Defense Appropriations Act, recommended several improvements to enhance the information provided to Congress in the RDT&E budget documentation materials. This includes the provision of specific information about activities conducted and accomplishments achieved with prior year funding; information on planned activities and their costs for the budget year at the project level; the improvement of cross references among projects; provision of schedules that identify key events; updates to narratives that reflect prior years' events; and the implementation of a more informative display of programmatic, schedule and budgetary changes. Improvements to the quality of the RDT&E budget justification documents are expected to be made beginning with the fiscal year 2010 budget submission.

   Reprogramming Guidance for Acquisition Accounts

   The Department of Defense is directed to continue to follow the reprogramming guidance specified in the House Report (H. Rept. 110-279) accompanying the Fiscal Year 2008 Department of Defense Appropriations Act. Specifically, the dollar threshold for reprogramming funds will remain at $20,000,000 for procurement, and $10,000,000 for research, development, test and evaluation. The Department shall continue to follow the limitation that prior approval reprogrammings are set at either the specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds are cumulative. Therefore, if the combined value of transfers into or out of a procurement (P-1) or research, development, test and evaluation (R-1) line exceeds the identified threshold, the Department of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this explanatory statement.

   Intelligence, Surveillance and Reconnaissance

   The Secretary of Defense notified the House and the Senate Committees on Appropriations of a number of urgent Intelligence, Surveillance and Reconnaissance (ISR) needs for fiscal year 2009 that were not contained in the budget request. In order to respond to these emerging requirements, an increase of $750,000,000 is provided in operation and maintenance, procurement, and research, development, test and evaluation accounts. The following table includes research, development, test and evaluation funds provided in support of this initiative.

   Reprogramming Reporting Requirements

   The Under Secretary of the Department of Defense, Comptroller is directed to continue to provide the congressional defense committees quarterly, spreadsheet-based DD1416 reports for service and defense-wide accounts in titles III and IV of this Act as required in the statement of the managers accompanying the conference report on the Department of Defense Appropriations Act, 2006.

   Funding Increases

   The funding increases outlined in these tables shall be provided only for the specific purposes indicated in the table.

   RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

   For Research, Development, Test and Evaluation, Army, funds are to be available for fiscal year 2009, as follows:

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   Aerial Canopy Sensor Delivery System

   The Department of Defense Appropriations Act, 2008, provided in Research, Development, Test and Evaluation, Defense-Wide, $1,000,000 in Line 27, SO/LIC Advanced Development, for Aerial Canopy Sensor Delivery System. U.S. Special Operations Command and the Army now concur that the proper account for funding this program is Research, Development, Test and Evaluation, Army, Line 45, Electronic Warfare Technology. The Secretary of Defense is directed to initiate a reprogramming action to provide the funds to the Army for proper execution.

   Warfighter Information Network--Tactical (WIN-T)

   The budget request for fiscal year 2009 contains $414,357,000 for Warfighter Information Network--Tactical (WIN-T) research and development. Within that amount, $330,438,000 is to continue research and development efforts for WIN-T Increment 3, full networking on the move. There is concern with the lack of definitized requirements and program costs for Increment 3. Additionally, the revised program acquisition baseline is not expected to be completed until almost two years after the Nunn-McCurdy breach, creating an uncertain basis for the budget request. Therefore, the amount proposed in the budget request has been reduced by $20,000,000. Additionally, the Comptroller General is directed to continue his review of the WINT program under the guidelines set forth in Senate Report 110-155.

   Tungsten/Cobalt Alloy Carcinogen Study

   There is concern with the potential carcinogenic nature of tungsten/cobalt alloys and the Army is encouraged, in conjunction with the research community, to undertake a study to determine if tungsten/cobalt alloys are a probable human carcinogen in either the manufacturing or employment of ammunition and other defense equipment.

   Rock Island Arsenal

   The Rock Island Arsenal is undertaking efforts to demonstrate small scale, clean energy conversion technology to provide an uninterruptible source of energy for potential use at Department of Defense facilities. The Army is encouraged to determine what environmental, economic, and safety benefits might be achieved by this energy initiative.

   Neurotoxin Exposure Treatment Parkinson's Research Program

   The United States Army Medical Research and Materiel Command (USAMRMC) is advancing research in investigating the underlying biologic mechanisms and therapeutic interventions of neuro-degenerative effects caused by deployment, environmental and occupational exposures. Therefore, $25,000,000 is recommended for the continuation of this vital research and other neurological disorders through collaborative work between the military, a non-profit organization and an academic laboratory with distinguished scientific credentials in this field.

   RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

   For Research, Development, Test and Evaluation, Navy, funds are to be available for fiscal year 2009, as follows:

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   Mine Warfare

   The Mine Warfare Mission Modules onboard the Littoral Combat Ships (LCS) will provide a significant portion of the Navy's Mine Warfare capability. Delays in the fielding of the LCS translate to a commensurate delay in fielding the mine warfare capability provided by these platforms. Given that the LCS will not be fully operational in significant numbers until well into the next decade, the Nation cannot afford such a delay to the mine warfare capability provided by the associated mission modules. However, the mine warfare capability provided by the mission modules can provide benefit to the fleet even without the LCS platform. Therefore, $3,800,000 is provided to the LCS mission module development effort to research and study methods to employ these modules independently of the LCS platform. The Secretary of the Navy is directed to provide a report to the congressional defense committees not later than June 30, 2009, detailing the results of this study and the plan for the operational employment of the mine warfare mission modules independent of the LCS.

   Electromagnetic Aircraft Launching System (EMALS)

   An additional $24,000,000 is provided to address cost overruns in the Electromagnetic Aircraft Launching System (EMALS) program. Due to continuing concerns about meeting the schedule for integration into PCU Gerald R. Ford (CVN-78), the Secretary of the Navy is directed to submit a report to the congressional defense committees by April 1, 2009, which shall contain a description of efforts to control cost and schedule, an updated schedule for completion of research and development efforts and integration into CVN-78, and an assessment of aircraft launch system options for CVN-78, including cost estimates of those options, if the EMALS program experiences further delays.

   Bone Marrow Registry

   The bill includes $31,500,000 for the Department of the Navy, to be administered by the C.W. Bill Young Marrow Donor Recruitment and Research Program, also known as and referred to within the Naval Medical Research Center as the Bone Marrow Registry. Funds appropriated for the C.W. Bill Young Marrow Donor Recruitment and Research Program shall remain available only for the purposes for which they were appropriated, and may only be obligated for the C.W. Bill Young Marrow Program. This Department of Defense donor center has recruited more than 475,000 Department of Defense volunteers, and provides more marrow donors per week than any other donor center in the Nation. More than 2,880 servicemembers and other Department volunteers from this donor center have provided marrow to save the lives of patients. The success of this national and international life-saving program for military and civilian patients, which now includes more than 7,000,000 potential volunteer donors is admirable. Further, the agencies involved in contingency planning are encouraged to continue to include the C.W. Bill Young Marrow Donor Recruitment and Research Program in the development and testing of their contingency plans. The Department of Defense form (DD Form 1414) shall show this as a congressional interest item. The Department is further directed to release all the funds appropriated for this purpose to the C.W. Bill Young Marrow Donor Recruitment and Research Program within 60 days of enactment of this Act.

   Joint Counter Radio-Controlled Electronic Warfare (JCREW)

   The Navy has been designated as the executive agent for JCREW 3.3 to protect personnel from improvised explosive devices (IEDs), and is dependent upon transfer of funds from the Joint IED Defeat Organization for critical science and technology projects. Reliance on other sources of funding is inconsistent with the Navy's role as executive agent for JCREW 3.3. Therefore, the Secretary of the Navy is directed to fund these enabling science and technology projects within the Research, Development, Test and Evaluation, Navy account in future budget requests.

   Electric Propulsion Technology for Surface Combatants

   Significant steps have been taken in developing more energy efficient alternatives to the mechanical drive propulsion systems currently powering Navy ships. Funding has been provided for several years to mature electric propulsion technologies to support current and future Navy needs, either as an upgrade to DDG-51 or DDG-1000 class ships, or for the next-generation cruiser. Therefore, due to the increased flexibility, projected fuel savings and performance enhancements provided by such technologies, the Secretary of the Navy is directed to continue the exploration of electric propulsion as an integrated part of its surface combatant design and construction plan. Additionally, the Navy is encouraged to continue the development of all-electric technology by including funding in future Shipboard System Component Development (Program Element 0603513N) budget requests.

   RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

   For Research, Development, Test and Evaluation, Air Force, funds are to be available for fiscal year 2009, as follows:

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   Maui Space Surveillance System (MSSS)

   The bill provides an increase of $22,000,000 over the budget request for sustainment, investment in new technologies and initiatives, and research and development activities at MSSS. The Air Force is directed to base its overhead charges only on the amount requested. None of the increases provided here shall be subject to Air Force taxes or withholds. Furthermore, research funds should be allocated by Air Force officials on-site to local programs that offer the greatest potential return and merit.

   Space Major Force Program

   In the Fiscal Year 2008 Department of Defense Appropriations Act, the Secretary of Defense was directed to create a major force program category for space for the future years defense program of the Department of Defense. Further clarification toward this intent is required. The virtual major force program has been an established measure for several years and it is considered an acceptable foundation for development of the final space major force program inventory. The current virtual major force program includes space-based assets and the associated non-space, command, control, communications, and intelligence assets supporting the space systems.

   Space systems are not just the satellites resident in the exo-atmosphere butalso include the associated terminal programs. In the past, these terminal programs were desynchronized from the space platforms due to funding shortfalls and schedule delays. In the future, a tighter coupling of these programs is required. Therefore, these terminal programs must be included in the space major force program inventory. The Department of Defense is directed to implement the final space major force program prior to the submission of the fiscal year 2011 budget. Furthermore, six months after enactment of this Act, the Secretary of Defense is directed to report to the congressional defense committees the status of the population and development of the space major force program.

   Missile Warning

   The current Defense Support Program constellation of satellites is aging and needs to be replaced. The Air Force has been pursuing the Space Based Infrared Satellite System--geosynchronous (SBIRS-GEO) component for over a decade and the development is almost complete. A sister system, Space Based Infrared Satellite System--highly elliptical orbit (SBIRS-HEO) has launched, successfully initialized, and is providing extraordinary data, well beyond expectations. However, the SBIRS-HEO component is not fully integrated into the ground system, so the data products are not fully exploited. Therefore, the bill includes $15,000,000 above the budget request to be used for increased SBIRS-HEO ground integration and data exploitation.

   Furthermore, to date the Department of Defense has not planned for additional SBIRS-GEO satellites. In order to avoid a production break and the associated costs, the Department of Defense is directed to begin procurement of the fourth and fifth SBIRS-GEO satellites in the fiscal year 2010 budget request.

   National Security Space Office

   The original intent of the National Security Space Office (NSSO) was to provide the Executive Agent for Space with an analysis team that would make recommendations to the priorities, capabilities and budgets of both the Department of Defense and intelligence community space programs. In recent years, the NSSO has lost the support of the National Reconnaissance Office, which has provided no funding for the NSSO, and the Air Force and other Department of Defense organizations have used the NSSO as personal staff. The Secretary of Defense and the Director of National Intelligence are directed to assess the roles and responsibilities of the NSSO and to report back to the congressional defense oversight committees by May 15, 2009.

   Coal to Liquid Fuels

   The Congress understands that the Air Force is strongly committed to an energy strategy that looks to certify their entire fleet of aircraft on a synthetic fuel blend by 2011, with the intent to purchase 50 percent of their aviation fuel used in the United States in the form of a synthetic fuel blend by 2016. Part of this strategy involves examining at the feasibility, cost effectiveness, and environmental impacts of building coal-to-liquid fuel (CTL) plants, utilizing enhanced-use leasing authorities. It is envisioned that these plants would be built in strategic locations, where there are abundant coal and water resources to operate these plants. Consistent with the Air Force vision and availability of resources necessary for a CTL plant, a total of $10,000,000 is provided only to support Air Force efforts in siting and contracting for such a plant on Eielson Air Force Base. This funding is split between Operation and Maintenance, Air Force, and Research, Development, Test and Evaluation, Air Force accounts.

   The Secretary of the Air Force is directed to submit a report to the congressional defense committees no later than April 1, 2009, which provides the framework for a joint partnership between the Department of Defense and a private developer, to include an associated milestone schedule, a preliminary design, engineering studies, and the plan to accomplish any required environmental work.

   RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

   For Research, Development, Test and Evaluation, Defense-Wide, funds are to be available for fiscal year 2009, as follows:

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   Energy Strategy for the Department Of Defense

   Achieving improved energy efficiency, which includes reduced consumption, expanded sources of supply as well as a reduction in our dependence on foreign oil are possibly the greatest national security challenges facing our nation.

   In 2006, according to the Defense Science Board, the Department of Defense consumed 110,000,000 barrels of premium fuel and 3,800,000,000 kilowatt hours of electricity at a cost of $13,600,000,000. Of this amount, $10,000,000,000 was spent on fuel for combat and combat-related systems, and another $3,600,000,000 to power the Department of Defense's infrastructure. The major challenges to fuel efficiency are operational, tactical and fixed based.

   The most recent Defense Science Board Task Force is but the latest in a long line of reports addressing the necessity for a reduction in the fuel burden. The 2001 Defense Science Board Task Force report entitled, ``More Capable Warfighting through Reduced Fuel Burden,'' stated that 70 percent of the tonnage the Army ships into battle is associated with fuel logistics and that multiple technologies were available at all levels of maturity that could reduce demand. Furthermore, it advocated ``including fuel efficiency as a key performance parameter in all operational requirements documents and capstone requirements documents.'' It was not until 2007 that the Department issued a memorandum making it policy to include the fully burdened cost of delivered energy in trade off analyses conducted for all tactical systems and identified only three pilot programs.

   While the Department is the leading consumer of fuel in the U.S., the Air Force is the leading consumer of fuel within the Department. The Air Force has been in the forefront on alternative fuels and is on the path to qualify all Air Force aircraft on a coal-based jet fuel by 2012. The challenge in using coal-based jet fuels is directly dependent upon carbon capture and sequestration to mitigate CO

   2 emissions.

   The Department is provided $20,000,000 to initiate research into carbon capture and sequestration technology for the future production of coal-based jet fuel. The Department is encouraged to budget for the continued research of this initiative in the fiscal year 2010 request. The Secretary of Defense is directed to provide the congressional defense committees with specific plans for utilizing these funds to include specific details and goals not later than 90 days after enactment of this Act.

   Similarly, in the fixed base, there is a near total reliance on the commercial power grid. Efforts to raise the issue and support alternative and/or renewable energy sources for the Department of Defense have been sporadic at best.

   The Department of Defense's scattered efforts to address the energy issue throughout its organization is coupled with minimal centralized policy and oversight. The Defense Science Board Task Force went on to say, ``decisions that create energy demand are dispersed organizationally across the Department and throughout the services. There is no unifying vision, strategy, or metrics or governance structure with enterprise-wide energy in its portfolio.''

   The Department of Defense can no longer rely on such haphazard approaches to energy. Our future national security and military readiness demands swift action guided by a clear mandate.

   The Secretary of Defense is encouraged to appoint a senior official to be responsible for energy efficiency. Further, the Department is directed to address comprehensively and submit a report, not later than June 15, 2009, regarding energy efficiency and how it will be given greater importance and weight in all aspects of the Department's resource allocation process.

   Transformational Medical Technologies Initiative (TMTI)

   The fiscal year 2009 budget request includes $240,900,000 for the Transformational Medical Technologies Initiative (TMTI) in program elements 0601384BP, 0602384BP and 0603384BP of the Chemical and Biological Defense Program, an increase of $105,000,000 over the amount appropriated in fiscal year 2008. Of the amount requested for fiscal year 2009, more than half, or $123,900,000, is requested for new start projects, an increase of $78,300,000 over the amount provided for new projects in fiscal year 2008. This growth for new starts is excessive at this juncture in the program and the request for new start projects in fiscal year 2009 is reduced by $70,000,000. The Special Assistant, Chemical and Biological Defense is directed to provide the annual TMTI report (as detailed in Senate Report 109--292) with the submission of the fiscal year 2010 budget request.

   Defense Advanced Research Projects Agency (DARPA)

   The fiscal year 2009 budget request for DARPA is $3,285,569,000, an increase of $326,493,000, more than 10 percent, over the fiscal year 2008 appropriated program of $2,959,076,000. In recent years, DARPA has repeatedly underexecuted its funded program level, executing a fiscal year 2005 program that was nine percent below the appropriated program and a fiscal year 2006 program that was twelve percent below the appropriated program. Based on program execution to date, DARPA will likely continue that trend for the fiscal year 2007 and 2008 programs. While DARPA's continued underexecution can partially be explained by its fiscally responsible management approach of withholding funds from projects that fail to demonstrate progress, doubts exist about DARPA's ability to responsibly manage such a large increase. Therefore, the bill provides $3,142,229,000, a reduction of $143,340,000 from the request. The Director of DARPA is directed to provide to the congressional defense committees not later than 60 days after enactment of this Act a report that details by program element and project the application of undistributed reductions made in this Act.

   The conference reports accompanying the fiscal year 2007 and 2008 Department of Defense Appropriations Acts cited the lack of individual project level detail provided in DARPA's budget justification materials. While the high-risk nature of many DARPA projects makes it hard to pinpoint detailed schedules, there is concern about the lack of detail provided for individual projects regarding their scope, notional schedule and overall funding requirements. Moreover, project funding is often adjusted from one year to the next without justification. DARPA is directed to provide greater programmatic detail for its projects in its justification materials beginning with the fiscal year 2010 budget request. Further, DARPA is encouraged to continue to pursue transition plans for all of its Advanced Technology Development programs. The Director of DARPA is directed to submit with the fiscal year 2010 budget submission the report on transitions that was initiated in fiscal year 2009.

   New Starts in the Year of Execution

   The fiscal year 2009 budget request includes no less than $176,770,000 in the Research, Development, Test and Evaluation, Defense-Wide account for new start programs that will be selected and initiated in fiscal year 2009, an increase of $61,766,000 from the amount above the fiscal year 2007 level. While there is awareness of the need for certain programmatic flexibility to address urgent unfunded requirements, this level of funding is unjustified, particularly in light of the fact that several projects continue to be resourced from these funds over a sustained period of time without transitioning to funded programs of record. Additionally, congressional notification of programs initiated with these funds has been lagging and inconsistent. Therefore, the bill reduces the request for these programs by ten percent.

   Joint Report on Coal-to-Liquid Fuels

   The Secretary of Defense, in coordination with the Department of Energy's Office of Fossil Energy is directed to submit a report to the congressional defense committees no later than March 31, 2009, on alternatives to reduce the life cycle emissions of coal-to-liquid fuels and potential uses of coal-to-liquid fuels to meet the Department of Defense's mobility energy requirements. The report shall examine, at a minimum, the following: the potential clean energy alternatives for powering the coal-to-liquids conversion processes, including nuclear, solar, and wind energies; the alternatives for reducing carbon emissions during the coal-to-liquids conversion processes; and the military utility of coal-to-liquid fuels for military operations and for use by expeditionary forces compared with the military utility and life cycle emissions of mobile, in-theater synthetic fuel processes.

   Infrared Focal Plane Arrays

   Infrared Focal Plane Arrays (IFPA) are the key to infrared sensor systems widely used by the military. New and improved military capabilities will require the development of new and more complex arrays. Recent reports reveal that the United States, which has traditionally held the lead in IFPA technology, is falling behind. This poses the very real threat that the United States government could lose control of this technology. The Department of Defense is directed to review developments in this critical area and report on the status of the United States' competitive position, and if warranted, provide a plan of action to remedy the situation. This report should be submitted no later than 90 days after enactment of this Act.

   Climate Change and National Security

   Climate change is a key environmental issue that has national security implications. The Department of Defense should assess the impact of climate change on our coasts, water resources, and other geographic and environmental components of the United States national security. The Department of Defense should also establish a baseline set of indicators for assessing climate change and a set of tools for measuring its future impact on those aspects of climate change that could affect our national security.

   Missile Defense Agency (MDA) Reporting Requirements and Justification Materials

   The budget information provided by the MDA does not allow sufficient oversight of the Ballistic Missile Defense programs. The programs change significantly from the time the budget is submitted to the time funding is appropriated, making it extremely difficult to understand what is actually in the budget on an annual basis. The justification materials should no longer be presented in the block structure format, but rather by fiscal year for each activity within the program element. The documents must provide

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   Past Congresses have established a framework of laws that require program and cost reporting to Congress to help exercise this oversight. The MDA is directed to report according to the existing acquisition laws to improve accountability and transparency of the programs.

   Near-Term Missile Defense Programs

   In order to execute a balanced program, the Missile Defense Agency (MDA) must continue to field the near-term missile defense programs, primarily Ground-Based Missile Defense (GMD), AEGIS Ballistic Missile Defense (BMD), and Theater High Area Altitude Defense (THAAD) programs. Funding for fielding these programs, however, is sacrificed each year to pay for the development of futuristic missile defense programs. Therefore, the bill reduces funding for several of the far-term programs, such as the Multiple Kill Vehicle, the Airborne Laser, and Space Test Bed and provides an additional $120,000,000 for enhancements to the GMD, AEGIS and THAAD programs. The MDA is directed to provide a report to the congressional defense committees by December 1, 2008, on how those additional funds will be allocated to the programs.

   The Joint Capability Mix (JCM) study, conducted by the Joint Staff, concluded that U.S. combatant commanders need about twice as many Standard Missile-3 and THAAD interceptors as currently planned to meet minimum operational requirements for defending against short and medium-range ballistic missiles. The MDA's highest priority should be to achieve the minimum levels of interceptor inventories identified in the JCM study and the Department of Defense should budget accordingly in its fiscal year 2010 budget submission.

   European Capability--Third Site

   Three separate program elements are recommended for the European Missile Defense sites in order to provide adequate visibility of these initiatives and to ensure that funding for the Ground-Based Missile Defense, Sensors, and Command and Control program elements are not adversely impacted by the European sites.

   The bill provides $467,150,000 for European missile defense and development and testing of the two-stage interceptor. The first program element provides $363,250,000 for the development and testing of the two-stage interceptors and the interceptor site planned for Poland. The bill provides $182,900,000 for development and testing of the two-stage interceptors; $19,200,000 for long-lead components for two-stage interceptors; and $65,500,000 for site planning, design and activation. Due to the delay in ratification of a missile defense agreement with Poland, funding for missile field equipment is reduced by $82,550,000 and communications by $13,100,000, half of the request.

   The second program element provides $76,800,000 for the European Midcourse Radar (EMR) to be located in the Czech Republic. The bill provides $15,800,000 for site planning, design and activation, but reduces funding for sensor equipment by $15,000,000 and communications by $6,000,000 due to at least a three month delay in ratification of an agreement with the Czech government in fiscal year 2009.

   The third program element provides $27,100,000 for the European Global Engagement Manager and U.S. Communications for the European sites. Due to the delay in ratifying agreements with the European host sites, the request is reduced by $14,000,000. The bill provides no funding for the European Forward Based Radar (AN-TPY-2) since a location has not been determined for the site.

   These estimates do not include costs for barracks, family housing or any other costs normally associated with infrastructure of a cantonment area of a military facility. Also, the estimate does not include personnel costs for manning the facilities.

   Space Tracking and Surveillance System (STSS)

   It is premature for the Missile Defense Agency to move forward with a follow-on STSS constellation until after a successful launch and thorough analysis of the STSS demonstrator data. No funding is provided to begin work on an STSS follow-on constellation, an STSS gap filler, space sensor research and development, or any other space demonstration program.

   Flight Test Delays and Cancellations

   As one of the largest research, development, test and evaluation programs in the Department of Defense, the Missile Defense Agency (MDA) has established a pattern of cost, schedule and performance problems. Tests were delayed or cancelled in fiscal years 2006, 2007 and 2008 and it is not unreasonable to assume that some of the tests planned for fiscal year 2009 will likely slip into subsequent fiscal years. The MDA annually conducts operational testing of the Ballistic Missile Defense System through a series of planned tests which are outlined in the Integrated Master Test Plan (IMTP). The numbers reflected in the IMTP only address successful flights of a missile. Rates of delay, cancellations or changes that occur annually in the testing programs and which affect the programming and budgeting of future years are not addressed.

   In fiscal years 2006 through 2008, the MDA conducted approximately 85 percent of the planned tests in the same fiscal year as originally scheduled. The MDA's fiscal year 2009 test schedule reflects 13 flight tests with 77 percent of these tests scheduled for the third and fourth quarters of 2009. The fiscal year 2009 test schedule contains two major flight tests to support Ground-Based Midcourse Defense (FTG-05 and FTG-06). Combined, these tests cost approximately $300,000,000. Department of Defense officials have expressed concern that FTG-06 will not have a target vehicle to support the test within fiscal year 2009. Therefore, the Missile Defense Agency is directed to report to the congressional defense committees by January 15, 2009, on the state of the testing program and what funding shortfalls exist, if any.

   Targets

   The Missile Defense Agency (MDA) has renewed its focus and commitment to the target program and must continue this momentum in order to achieve optimal production and deliveries. In order to ensure that the program office has the proper oversight of all funding for the targets program, the bill transfers the entire request for targets from the individual program elements to the Test and Target program element.

   The bill provides an additional $32,000,000 above the budget request for the flexible family of targets to initiate an inventory build up of critical long lead hardware items. However, there are additional funding shortfalls for targets that need to be addressed in fiscal year 2009. The MDA should submit an above threshold reprogramming to the congressional defense committees to ensure that this important component of missile defense testing is adequately funded. In addition, MDA should adequately address shortfalls in its out-year budget requests for targets to continue inventory buildup to ensure proper support of the rigorous testing program planned beginning in fiscal year 2010.

   Terminal High Altitude Area Defense (THAAD)

   The bill transfers $65,000,000 from Program Element 0603881C to Procurement, Defense-Wide, Line 95, as identified by the Missile Defense Agency (MDA) to recover schedule and mitigate production line gaps for Fire Unit #3 and #4. The MDA is directed to identify additional funds to ensure production line continuity.

   Standard Missile-3 (SM-3) Interceptors

   The bill transfers $57,100,000 from Program Element 0603892C to Procurement, Defense-Wide, Line 95, for advance procurement of SM-3 Block 1A interceptors.

   Aegis Ballistic Missile Defense

   Management of the kill vehicle for the Standard Missile-Block II is being done by the Kill Vehicle program office instead of the AEGIS program. The AEGIS program has had a long history of success working with the Navy to manage the entire development and fielding of the Standard Missile, and any change in management could result in a delay to the program. Therefore, the AEGIS program is directed to manage all current and future Standard Missile development and upgrades for ballistic missile defense, including the kill vehicles.

   Space-Based Interceptor Study

   The bill provides $5,000,000 to support the study outlined in section 236 of S. 3001, the National Defense Authorization Act for Fiscal Year 2009.

   Operational Test and Evaluation, Defense

   For Operational Test and Evaluation, Defense, funds are to be available for fiscal year 2009, as follows:

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   TITLE V--REVOLVING AND MANAGEMENT FUNDS

   For Revolving and Management Funds, funds are to be available for fiscal year 2009, as follows:

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   DEFENSE WORKING CAPITAL FUNDS

   For the Defense Working Capital Funds, $1,489,234,000 is provided for fiscal year 2009.

   NATIONAL DEFENSE SEALIFT FUND

   For the National Defense Sealift Fund, $1,666,572,000 is provided for fiscal year 2009.

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   Ship Financing Guarantee Program

   The bill provides $48,000,000 for the ship financing loan guarantee program administered by the Maritime Administration. The Secretary of the Navy is directed to work in conjunction with the Administrator of the Maritime Administration to ensure this funding is used for the loan guarantee program established under chapter 537 of title 46, United States Code.

   TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

   For Other Department of Defense Programs, funds are to be available for fiscal year 2009, as follows:

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   DEFENSE HEALTH PROGRAM

   For the Defense Health Program, funds are to be available for fiscal year 2009, as follows:

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   Defense Health Program Reprogramming Procedures

   There is concern regarding the transfer, lack of proper budgeting and the reprogramming of funds from Direct (or In-house) Care to other budget activities within operation and maintenance. To limit transfers and enhance Congressional oversight within the Defense Health Program operation and maintenance account, language is included in the accompanying bill which limits the funds available for Private Sector Care under the TRICARE program subject to prior approval reprogramming procedures. The bill language and accompanying statement should not be interpreted by the Department as limiting the amount of funds that may be transferred to the Direct Care system.

   In addition, the services are not properly budgeting for actual execution levels among the budget activity groups. Therefore, the Direct Care System funding will continue to be designated as a congressional special interest item. Any transfer of funds from the Direct (or In-house) Care budget activity into the Private Sector Care budget activity or any other budget activity shall require the Department of Defense to follow prior approval reprogramming procedures.

   The Navy and the Air Force budget requests for In-House Care are in excess of actual requirements. Therefore, funds have been transferred from Navy and Air Force In-House Care to other budget activities to reflect estimated funding requirements.

   In addition, the Department of Defense is directed to review budget execution data for all of the Defense Health Program accounts and to adequately reflect changes to the budget activities requested by the services in future budget submissions beginning in fiscal year 2010.

   Private Sector Care Reduction

   The bill has reduced the Private Sector Care Budget Activity Group by $200,000,000 as a result of routine health care for servicemembers and their families returning to the military treatment facilities from private sector care. The actual private sector care funding required in fiscal year 2008 was $200,000,000 below the budget request, as demonstrated by prior approval reprogramming (FY08-11) submitted to the congressional defense committees by the Department of Defense.

   Carryover

   The bill provides a one percent carryover for fiscal year 2009 operation and maintenance. The Assistant Secretary of Defense for Health Affairs is directed to submit to the congressional defense committees within 30 days after enactment of this Act a detailed spending plan for the fiscal year 2008 designated carryover funds.

   The Assistant Secretary of Defense for Health Affairs is also directed to submit justification to the congressional defense committees not later than January 15, 2009, as to the continuing need to provide carryover in future budgets. In addition, the Department shall, not fewer than 15 days prior to executing the carryover funds, notify the congressional defense committees in writing of the details of any such obligation.

   Strategic Communications

   In 2007, the Assistant Secretary of Defense for Health Affairs (ASD(HA)) and the Military Health System (MHS) established an office for MHS Strategic Communications to address and respond to the various issues related to wounded warrior and the MHS. According to the Department of Defense, this new office was created to coordinate with the communications offices within the MHS and the services to serve as a hub for the MHS to respond to questions and interviews from the press, to manage and maintain the MHS web site, and to develop communication products and messages. In addition to creating and staffing this new office, the Department recently awarded a $3,900,000 contract to provide contracted personnel and to advise the Director, MHS Strategic Communications office in the execution of the MHS Strategic Communications Plan. There is great concern that the services provided through this contract are duplicative to the roles and responsibilities of the staff employed in this office. Therefore, the Assistant Secretary of Defense for Health Affairs and the Under Secretary of Defense for Personnel and Readiness are directed to provide a report to the congressional defense committees, not later than March 6, 2009, that details the roles, responsibilities, staffing, and resources of the strategic communications office and a detailed justification of this contract. The Department is further restricted from extending this contract without the approval of the defense subcommittees of the Committees on Appropriations of the House and the Senate.

   Traumatic Brain Injury and Psychological Health

   Traumatic brain injury (TBI) and psychological health issues have emerged as a significant cause of death to the war fighters in Iraq and Afghanistan. Whether mild, moderate or severe brain injury, the level of assessment and standard of care provided to the war fighter is in need of enhancement. Diagnosis, treatment, and rehabilitation must be at a level to ensure the best possible outcome. To this end, the bill includes $300,000,000 above the budget request to address all levels of brain injury and psychological health issues that servicemembers and their families have experienced during the Global War on Terror. The Department is expected to request any additional resources for these requirements in the upcoming supplemental request for fiscal year 2009.

   The Department continues to work diligently to establish a center of excellence to provide specialized treatment and rehabilitation for brain injured troops, but much more is needed and the Department is expected to continue to provide the necessary care and treatment to servicemembers and their families. The vast majority of disabled troops will ultimately return to their home communities, which may be far removed from specialized centers. Therefore, the identification of local services is crucial to an appropriate rehabilitation plan and the Department of Veterans Affairs and military centers should coordinate with civilian centers to guarantee that optimal treatments and assistance are available throughout the country.

   The Department is aware of gaps within TBI and psychological treatment methods that need to be addressed. The Department is expected to continue working with the Department of Veterans Affairs, Department of Health and Human Services, academia and industry to focus on the research and treatment necessary to address the gaps that have been identified.

   An area of particular interest is the provision of appropriate and accessible counseling to servicemembers and their families who live in locations that are not close to military treatment facilities, other Military Health System health facilities or TRICARE providers. Web-based delivery of counseling has significant potential to offer counseling to personnel who otherwise might not be able to access it. Therefore, the Department is directed to establish and use a web-based Clinical Mental Health Services Program as a way to deliver critical clinical mental health services to servicemembers and their families in rural areas. Further, the Department is directed to report to the congressional defense committees on how they have incorporated a web-based program within the Defense Center of Excellence (DCoE) and its entities by March 16, 2009.

   Funding provided in this bill is also to be used for the development and operation of the DCoE and the various centers, programs and initiatives that fall within its purview and resources to support the service medical departments as they continue to build and expand their TBI and psychological health capacity through initiatives and many supportive programs. Other initiatives, such as telehealth, clinical standards supporting TBI and psychological health, and training and education outreach should also be included.

   Funding has also been provided to continue medical research and development on TBI and psychological health. The following research topics are recommended for consideration under this program: studies of mental health disorders and Post Traumatic Stress Disorder (PTSD) to include neuropsychiatric studies, biochemical mechanisms that underlie human emotional reactions to combat stress and resulting clinical disorders, metrics for mental health assessment and methods to evaluate and improve PTSD rehabilitation efforts; studies of Traumatic Brain Injury (TBI) including basic research on neural injury treatments, cell replacement and regrowth strategies, specific therapies to prevent and reverse spinal cord and other neuro-traumatic damage, pharmaceutical interventions to stimulate neural circuits, ``activity-based'' physical therapy, and extended rehabilitation focused on impairments in vision and cognitive functioning; clinical research of blast-related cell damage and the resulting effects on neurological response; 3D models of IED blast waves to develop equipment to mitigate injury to service members; a fully automated, self contained, disposable chip to diagnose TBI at the point of onset; DA-EEG assessment and MRI quantization to allow an accurate assessment of TBI; computational approaches to integrate global transcriptomics and proteomics information to indentify the biological networks altered following TBI; studies of PTSD and/or TBI including basic research in neurorehabilitation, the integration of informatics, and advanced computational research to analyze brain tissue and activities, the use of advanced neuroimaging, behavioral and genetic information to develop biomarkers, diagnostics, and treatments for semi-acute and chronic injury stages. Funding provided for research and development shall incorporate all aspects of research in the areas of TBI and psychological health by conducting basic science and translational research for the purposes of understanding the etiology and developing preventive interventions and new treatments and evaluating the outcomes to arrive at best-practice solutions. This requirement includes incorporating training, combat theater operations, and post deployment evidence-based preventive and early intervention measures, practices, or procedures to reduce the likelihood that personnel in combat will develop PTSD or other stress-related conditions or sustain traumatic brain injuries.

   Increasing the Availability and Access to Mental Health Services

   There is continued concern with the Department of Defense regarding mental health care for servicemembers returning from Operation Enduring Freedom and Operation Iraqi Freedom. Reports outlining gaps in coverage and poor access to care, especially in large rural and urban areas that support a large population of returning

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   Therefore, the Department of Defense is directed to make funds available for projects and programs throughout the United States that (1) serve a high population of returning servicemembers; (2) encompass both large rural and urban areas; and (3) have an existing infrastructure that utilizes a combination of local mental health associations, community support networks, private sector mental health care provider networks, and universities for the purpose of enhancing the local access, delivery, education and outreach of mental health services for servicemembers and their families.

   Diabetes Research

   The growth of type I and type II diabetes in the United States, specifically the growing number of children, teens and young adults is of concern. The health care expenditures associated with treatment of this disease are drastically increasing. Without proper medical care, monitoring and patient education, diabetes results in health consequences and eventually death. Nutrition, early detection, diagnosis and treatment are essential to alleviate this trend.

   The bill provides $15,500,000 for the Air Force Diabetes Program. Of the funds provided, $4,000,000 shall be for type I diabetes and $11,500,000 shall be for type II diabetes. Within the $11,500,000 provided for type II diabetes, $8,500,000 shall not be obligated until a new strategic plan, including a full estimate of the program by year has been submitted to and approved by the Air Force Surgeon General.

   The Air Force Surgeon General is directed to review the Diabetes Program on a monthly basis to ensure that all goals and milestones are reached prior to obligation of funding provided in fiscal year 2009. Prior to obligating funds within the limitation specified above, the Air Force Surgeon General shall submit a report to the congressional defense committees which provides specific details for all funding provided for this program.

   Finally, the Diabetes Program is directed to look at new and innovative ways such as metabolic research, physiology and holistic approaches that would be beneficial, while working in conjunction with the current program, to the military and civilian populations.

   Peer-Reviewed Cancer Research Program

   The bill provides $16,000,000 for a peer-reviewed cancer research program that would research cancers not addressed in the breast, prostate and ovarian cancer research programs currently executed by the Department of Defense, and specifically the U.S. Army Medical Research and Materiel Command (USAMRMC).

   The funds provided are directed to be used to conduct research in the following areas: $4,000,000 for research of melanoma and other skin cancers as related to deployments of servicemembers to areas of high exposure; $2,000,000 for research of pediatric brain tumors within the field of childhood cancer research; $8,000,000 for genetic cancer research and its relation to exposure to the various environments that are unique to a military lifestyle; and $2,000,000 for non-invasive cancer ablation research into non-invasive cancer treatment including selective targeting with nano-particles.

   The funds provided under the Peer-Reviewed Cancer Research Program shall be used only for the purposes listed above. The Department of Defense is directed to provide a report by March 16, 2009, to the congressional defense committees on the status of this new Peer-Reviewed Cancer Research Program as to the relevance of this type of research for servicemembers and their families.

   Warriors in Transition

   Fiscal year 2008 has proven that the military's system for housing, treating, transitioning and integrating soldiers after injury is extremely challenged. The problems occurred on many levels from failed infrastructure, rehabilitative care, and administrative process, to policy incongruities between the Department of Defense and the services. Warriors in transition are defined as soldiers that meet the qualifications for medical hold, medical holdover or active duty medical extension, and active component soldiers who require a medical evaluation board or have medical needs requiring more than six months of treatment.

   It is perplexing that this situation continues despite all of the effort expended to prevent it. Therefore, the bill provides an additional $240,000,000 to the $319,000,000 within Base Operations for facilities sustainment, restoration and modernization for the Army, Navy and Air Force, to continue improving the facilities that care for our servicemembers and their families.

   The Secretary of Defense is directed to report to the congressional defense committees by March 16, 2009, on how the Department is executing the funding provided and that the funding is being used for the highest priorities as submitted by the services. Additional resources have been provided to the services in the past and the Department must make adjustments to budget submissions to reflect these requirements of the Military Health System.

   The above issues, coupled with the increasing number of soldiers entering the disability process, have adversely affected the capability to timely meet the needs of both the soldiers and the services. The process of warrior transition will continued to be followed and the Secretary of Defense is directed to report quarterly to the congressional defense committees on the status of warrior transition improvements and requirements.

   Vision Research

   The Department of the Army is continually assessing new technologies and therapies to address the ocular issues of servicemembers. Current research targets the causes, effects, and treatment of eye damage and diseases that, despite their different mechanisms and pathogenesis, all have a common end result: degeneration of the critical components of the eye and impairment or loss of vision. In order to implement therapeutic strategies to prevent or treat visual problems common to combat soldiers, the Army needs to develop and validate compounds and strategies. Therefore, the bill provides $4,000,000 for vision research and directs the Army to target the various causes, effects and treatment of visual injury resulting from exposures to the elements during combat operations, and damage from explosive devices. This type of research will ultimately be used to ensure and sustain combat readiness.

   Peer-Reviewed Lung Cancer Research

   The bill includes $20,000,000 for lung cancer research. Lung cancer is the most lethal of all cancers taking more lives each year than all the other major cancers combined. Furthermore, the five-year survival rate for lung cancer remains 15 percent and a major challenge is that 70 percent of the diagnoses are late stage. Military personnel have heightened exposure to lung cancer carcinogens. These funds shall be for competitive research and the establishment of a tissue bank. Priority shall be given to the development of the integrated components to identify, treat and manage early curable lung cancer. The Army is expected to provide a plan for these funds and to include Walter Reed Army Medical Center in the formulation of this plan. The plan shall be submitted to the congressional defense committees 120 days after enactment of this Act.

   Spinal Cord Injury Medical Research and Treatment

   Spinal cord injuries are one of the many serious wounds resulting from conflicts in Iraq and Afghanistan that require many levels of research and treatment. Significant funding has been provided for research and treatment for neuro-traumatic wounds. However, given the complexity of these types of injuries and the steep learning curve associated with establishing effective treatment regimes, there is much more to be done.

   For the coming years, research into regenerating damaged spinal cords and improving rehabilitation therapies offers real promise for enhancing the long-term care of wounded soldiers. The bill provides $35,000,000 to establish a competitive, peer-reviewed spinal cord injury research and treatment program. The Secretary of Defense is directed to submit a report to the congressional defense committees not later than 120 days after enactment of this Act that describes the criteria to be used to determine how these funds are to be allocated.

   Peer-Reviewed Medical Research Program

   The bill provides $50,000,000 for a Peer-Reviewed Medical Research Program. The Secretary of Defense is directed, in conjunction with the Service Surgeons General, to select medical research projects of clear scientific merit and direct relevance to military health. Research areas considered under this funding are restricted to: Alcoholism, Autoimmune Diseases, Blood Cancer, Childhood Asthma, Drug Abuse, Epilepsy, Kidney Cancer, Listeria Vaccine for infectious disease and cancer, Lupus, Mesothelioma, Molecular Signatures in Tumors, Neuroblastoma, Osteoporosis and related bone disease, Paget's Disease, Pediatric Cancer, Polycystic Kidney Disease, Social Work Research, Tinnitus, and West Nile Virus Vaccine. Additional funding provided under the Peer-Reviewed Medical Research Program shall be devoted only to the purposes listed above.

   U.S. Army Medical Research Institute for Infectious Diseases (USAMRIID)

   The community remains concerned over the Army's planned expansion of bio-safety level 3 and 4 laboratories at the U.S. Army Medical Research Institute for Infectious Diseases (USAMRIID) at Fort Detrick, Maryland. Though the Army has completed the National Environmental Policy Act process to assess the impact of the expansion on the environment, significant concerns continue to exist in the local community as to whether the assessments of potential health and safety risks and the strategies to mitigate those risks are sufficient. The Secretary of the Defense is directed to enter into an arrangement with the National Academy of Sciences under which the Academy shall carry out a study to evaluate the analyses of health and safety risks to the surrounding community conducted as part of National Environmental Policy Act process for the planned expansion of bio-safety level 3 and level 4 labs of the USAMRIID, to be completed no later than March 1, 2010. The Academy shall submit to the congressional defense committees a report on the study at the same time that such report is submitted to the Secretary of the Defense.

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   TRI-Service Nursing Research Program

   The bill includes $6,400,000 to continue the Tri-Service Nursing Research Program. The Department of Defense is urged to include this program in future budget requests. This program provides funding for peer-reviewed research studies conducted by active duty and reserve military nurses on topics of military nursing that might not be competitive in other funding venues. This program is an essential tool for the retention of our military nurses. The Assistant Secretary of Defense for Health Affairs, in conjunction with the Service Surgeons General and the Nursing Corps Chiefs are directed to provide a report to the congressional defense committees, by April 25, 2009, that details the number and topic areas of research proposals submitted and funded and a detailed accounting of the entire program, including administrative costs, overhead and travel.

   Centers of Excellence at WRAMC/WRNMMC

   This bill includes $40,000,000 for the following Centers of Excellence at the current Walter Reed Army Medical Center: Breast Care, Gynecologic, Prostate, Pain and Neuroscience, and Integrated Cardiac Health (Wellness). These Centers are in the forefront in the advancement of modern medical care.

   It is encouraging that the Department has recognized the importance of these Centers to the welfare of our servicemembers and their families and has included them in the construction plans for the new Walter Reed National Military Medical Center.

   Therefore, the Secretary of Defense is directed to include funding for these centers beginning with the fiscal year 2010 budget submission.

   Life-Preserving Blood Technologies

   There are blood technologies that hold great promise to increase survival rates of our wounded military and improve standard of care. The Assistant Secretary of Defense for Health Affairs, in consultation with the Service Surgeons General, is directed to submit a report to the congressional defense committees no later than March 30, 2009, that provides an assessment of the feasibility and advisability of accelerating research, development, and fielding of blood technologies that will improve the capacity to save lives of members of the Armed Forces receiving combat medical care. The technologies to be addressed by the report shall include, but not be limited to, extended life red blood cells, cryogenic storage of white blood cells, cryo-preserved platelets, hemoglobin-based oxygen carriers, and freeze dried plasma.

   COHORT/ACIMS

   The COHORT/ACIMS project has the potential to benefit future systems integration within the Military Health System and its connectivity with the Veterans Administration. Continuation and integration of this innovative and timely technology should be made a priority by the Chief Information Officers of the Air Force Surgeon Generals Office and Health Affairs. The Department of Defense is urged to provide the necessary resources to continue this valuable development effort.

   Medical Care in the National Capital Region

   The construction of ``world class'' hospitals at both the new Walter Reed National Military Medical Center and Fort Belvoir is a necessity. Servicemembers and their families deserve nothing less. However, there is concern that this is not going to occur under the current approach of the Department of Defense. For example, the high degree of concurrency within the program and the total lack of adequate planning and design have resulted in an increased cost of the new Walter Reed National Military Medical Center from the estimate of $201,000,000 in May 2005 to $940,000,000 in early calendar year 2008. Even with these increases the Department of Defense has not included funding for eight items at the new Walter Reed National Military Medical Center, not the least of which are the Warrior Clinic, Warrior in Transition housing, enlisted housing, and parking. Furthermore, the Department of Defense and the community have yet to solve how ingress and egress will be affected to support a facility for which the daily population of patients and staff will increase by over 4,000 individuals.

   The number of patient visits per year for the three existing hospitals is currently in excess of 1,500,000. The transition to two new facilities will be a daunting challenge under the best of circumstances. The Secretary of Defense is directed to provide a thorough and detailed milestone schedule which outlines projected construction completion, prove out of the facilities, and transition of staff personnel as well as the care for service members and their families to the congressional defense committees within 120 days of enactment of this Act.

   CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

   For Chemical Agents and Munitions Destruction, Defense, funds are to be available for fiscal year 2009, as follows:

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   DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

   For Drug Interdiction and Counter-Drug Activities, Defense, $1,096,743,000 is provided for fiscal year 2009.

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   SOUTHCOM Funding

   Funding for numerous systems and activities is shared between SOUTHCOM's operation and maintenance budget and the Department of Defense counternarcotics budget. The Command Management System is one notable example where the division of responsibility is unclear. The Department is urged to reevaluate the methodology SOUTHCOM uses to determine which portion of these systems and activities should be funded through its normal operating budget and which should be funded through counternarcotics funding streams. This evaluation will ensure that SOUTHCOM is taking financial responsibility for its baseline programs similar to other Combatant Commanders which do not have the large counternarcotics funding streams.

   JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

   The bill does not provide funding for the Joint Improvised Explosive Device Defeat Organization. The request of $496,300,000 was addressed in the previously enacted fiscal year 2009 supplemental appropriations. Additional requirements will be addressed in subsequent supplemental appropriations for fiscal year 2009.

   Terrorist Explosive Device Analytical Center

   The Joint IED Defeat Organization (JIEDDO) is to be commended on its work with the Federal Bureau of Investigation's Terrorist Explosive Device Analytical Center (TEDAC) to provide a unified partnership between law enforcement, intelligence, and the U.S. military to technically and forensically exploit IEDs. This relationship is yielding actionable intelligence that contributes to offensive anti-terror missions and to the force protection of the United States and coalition assets around the globe. The JIEDDO is encouraged to maintain and cultivate this relationship in the future.

   OFFICE OF THE INSPECTOR GENERAL

   For the Office of the Inspector General, $271,845,000 is provided for fiscal year 2009.

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   TITLE VII--RELATED AGENCIES

   For Related Agencies, funds are to be available for fiscal year 2009, as follows:

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   Classified Annex

   Adjustments to the classified programs are addressed in a separate detailed and comprehensive classified annex. The Intelligence Community, Department of Defense and other organizations are expected to fully comply with the recommendations and directions in the classified annex accompanying the Department of Defense Appropriations Act, 2009.

   Central Intelligence Agency Retirement and Disability System Fund

   For the Central Intelligence Agency Retirement and Disability Fund, $279,200,000 is provided for fiscal year 2009.

   Intelligence Community Management Account

   (INCLUDING TRANSFER OF FUNDS)

   For the Intelligence Community Management Account, $710,042,000 is provided for fiscal year 2009, as follows:

   The bill provides for a transfer of $44,000,000 to the Department of Justice for the National Drug Intelligence Center to support the Department of Defense's counter-drug intelligence responsibilities, of which $2,000,000 is for reimbursement for Air Force personnel.

   Intelligence Community Highly Qualified Employee (HQE) Authority

   Within 30 days of the enactment of this Act, the Director of National Intelligence is directed to implement the highly-qualified-employee, ``HQE'' authority throughout the Intelligence Community. The Department of Defense first successfully used this authority to hire a business systems expert to help the Secretary of Defense work toward a clean financial audit opinion on annually appropriated defense funds. The Director of National Intelligence is directed to follow precedence in fiscal year 2009 and use this hiring authority to supplement the Business Transformation Office with at least seven private sector business systems experts. Taking this step will assist the Intelligence Community in implementing tools and techniques which will improve the National Intelligence Program and the Military Intelligence Program business processes and overall financial management.

   Intelligence Community Facilities/Real Estate Management

   The Director of National Intelligence is directed to develop a coordinated strategy and subsequent Community- wide policy for meeting its future validated infrastructure needs. Further, the Director of National Intelligence is directed to provide the congressional intelligence committees with an Intelligence Community Facilities Management Strategy and a Facilities Condition Index for all Intelligence Community buildings over 20,000 square feet within 180 days of enactment of this Act. Finally, future Intelligence Community infrastructure requests should include a greater influence of ``green'' or sustainable building practices. The American people expect the Community to be a leader when it comes to cutting edge technologies, and embracing ideas such as ``green'' buildings should be prominent in all future infrastructure strategy documents.

   Intelligence Community Chief Human Capital Officer

   The Intelligence Community Civilian Joint Duty Program has the potential to break down barriers to information sharing and collaboration, transform the culture of the Intelligence Community, and help the Community achieve its strategic goals. All Intelligence Community elements are directed to participate fully in the program and the Community's senior leadership is expected to support the program, encourage their employees to take rotational assignments, and break down any bureaucratic barriers to the smooth implementation of the program as required by law. Further, that the Intelligence Community has studied other pay-for-performance efforts, both within the Community and the rest of government is encouraging. The executive branch started implementing this effort on September 14, 2008, and therefore the Intelligence Community is directed to ensure that full implementation of the system follows the principles of merit, transparency and fairness in a manner which is deliberate and methodical. Finally, semi-annual updates are expected to be provided to the Committees on Appropriations beginning within 30 days of the enactment of this Act.

   Controlled Access Programs

   The Director of National Intelligence shall provide notification of the establishment of National Intelligence Program-funded Controlled Access Programs to the congressional intelligence committees.

   National Drug Intelligence Center

   The National Drug Intelligence Center's mission includes providing strategic domestic intelligence, supporting the intelligence community's counterdrug efforts and document exploitation. The National Drug Intelligence Center has already been tasked to produce a drug threat assessment which examines the illicit drug trade in Iraq and the threat it poses to United States interests. The National Drug Intelligence Center's document exploitation capability is already recognized throughout the law enforcement community as an invaluable aid to advancing the investigation and prosecution of drug traffickers, money launderers, or any criminal intent on attacking the national security interests of the United States. The Director of National Intelligence is directed to assess the National Drug Intelligence Center's capabilities and report to the congressional intelligence committees on those capabilities within 180 days of enactment of this Act.

   TITLE VIII--GENERAL PROVISIONS

   The bill includes the following general provisions. A description of each provision follows.

   Language is included that provides that no funds made available in this Act may be used for publicity or propaganda purposes not authorized by Congress.

   Language is included that provides for conditions and limitations on the payment of compensation to, or employment of, foreign nationals.

   Language is included that provides that no funds made available in this Act may be obligated beyond the end of the fiscal year unless a greater period of availability is provided elsewhere in the Act.

   Language is included that provides a 20 percent limitation on the obligation of funds provided in this Act during the last two months of the fiscal year.

   Language is included that provides for the general transfer authority of working capital funds to other military functions.

   Language is included specifying that adjustments to programs, projects, and activities included in the ``Explanation of Project Level Adjustments'' that are increases above the budget are incorporated into law. Transfers within an appropriation account, among programs, projects and activities do not require general transfer authority as stipulated in Section 8005 of the accompanying Act. However, such transfers are subject to normal prior approval reprogramming procedures if such transfers exceed thresholds described elsewhere in this statement. Transfers between appropriation accounts are subject to the provisions of Section 8005 of the accompanying Act, and are also subject to prior congressional approval.

   Language is included that provides for the establishment of a baseline for application of reprogramming and transfer authorities for fiscal year 2009.

   Language is included that provides for upgrades to Air Force Ranges in Alaska.

   Language is included that provides for limitations on the use and transfer authority of working capital fund cash balances.

   Language is included that provides that none of the funds appropriated in this Act may be used to initiate a special access program without prior notification to the congressional defense committees.

   Language is included that provides limitations and conditions on the use of funds made available in this Act to initiate multi-year contracts.

   Language is included that provides for the use and obligation of funds for humanitarian and civic assistance costs under Chapter 20 of title 10, United States Code.

   Language is included that provides that civilian personnel of the Department may not be managed on the basis of end strength or be subject to end strength limitations.

   Language is included that prohibits funds made available in this Act from being used to influence congressional action on any matters pending before the Congress.

   Language is included that prohibits compensation from being paid to any member of the Army who is participating as a full-time student and who receives benefits from the Department of Defense Education Benefits Fund when time spent as a full-time student is counted toward that member's service commitment.

   Language is included that restrict studies and public private competitions regarding converting any activity or function performed by civilian employees of the Department of Defense to contractor performance with certain exceptions.

   Language is included that provides for the transfer of funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protégé Program.

   Language is included that provides for the Department of Defense to purchase anchor and mooring chains manufactured only in the United States.

   Language is included that prohibits funds made available to the Department of Defense from being used to demilitarize or dispose of surplus firearms.

   Language is included that provides a limitation on funds being used for the relocation of any Department of Defense entity into or within the National Capital Region.

   Language is included that provides for incentive payments authorized by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544).

   Language is included that provides that no funds made available in this Act for the Defense Media Activity may be used for national or international, political or psychological activities.

   Language is included that restricts funds from being used to perform cost studies under OMB Circular A-76.

   Language is included that provides for the obligation of funds for purposes specified in

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   Language is included that makes funds available for the Civil Air Patrol Corporation.

   Language is included that provides for the number of staff years of technical effort that may be funded for defense Federally Funded Research and Development Centers (FFRDC).

   Language is included that provides for the Department of Defense to procure carbon, alloy or armor steel plate melted and rolled only in the United States and Canada.

   Language is included that defines the congressional defense committees as being the Armed Services Committees and the Subcommittees on Defense of the Committees on Appropriations of the House of Representatives and Senate.

   Language is included that provides for competitions between private firms and Department of Defense Depot Maintenance Activities.

   Language is included that provides for revocation of blanket waivers of the Buy American Act upon a finding that a country has violated a reciprocal trade agreement by discriminating against products produced in the United States that are covered by the agreement.

   Language is included that provides for the availability of funds for purposes specified in section 2921(c)(2) of the 1991 National Defense Authorization Act, namely facility maintenance and repair and environmental restoration at military installations in the United States.

   Language is included that provides for the conveyance, without consideration, of relocatable housing units located at Grand Forks and Minot Air Force Bases to Indian Tribes located in North and South Dakota, Montana, and Minnesota.

   Language is included that provides authority to use operation and maintenance appropriations to purchase items having an investment item unit cost of not more than $250,000.

   Language is included that prohibits the use of Working Capital Funds to purchase specified investment items.

   Language is included that provides that none of the funds appropriated for the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year except for funds appropriated for the Reserve for Contingencies, the Working Capital Fund, or certain other programs authorized under section 503 of the National Security Act.

   Language is included that provides that funds available for the Defense Intelligence Agency may be used for intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands.

   Language is included that provides for the availability of funds for the mitigation of environmental impacts on Indian lands resulting from Department of Defense activities.

   Language is included that provides for the Department of Defense to comply with the Buy American Act (title III of the Act entitled ``An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes'').

   Language is included that provides conditions under which contracts for studies, analyses or consulting services may be entered into without competition on the basis of an unsolicited proposal.

   Language is included that provides for the limitations of funds made available in this Act to establish Field Operating Agencies.

   Language is included that provides grant authorities for the Department of Defense acting through the Office of Economic Adjustment.

   (RESCISSIONS)

   Language is included that provides for the rescission of $1,320,473,000 from the following programs:

   2008 Appropriations:

   Aircraft Procurement, Army:
Armed Reconnaissance Helicopter

   $174,600,000

   Procurement of Ammunition, Army:
Signals

   69,200,000

   Shipbuilding and Conversion, Navy:
Littoral Combat Ship

   337,000,000

   Research, Development, Test and Evaluation, Army:
MILSATCOM Ground Environment (Space)

   49,800,000

   Research, Development, Test and Evaluation, Air Force:
Classified Programs

   50,000,000
DSRP

   163,573,000
Tanker Replacement

   72,000,000
Electronic Warfare Development-MALD Schedule Delay

   14,500,000

   Research, Development, Test and Evaluation, Defense-Wide:
DARPA

   150,000,000

   239,800,000

   Language is included that prohibits funds made available in this Act from being used to reduce authorized positions for military (civilian) technicians of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve unless such reductions are a direct result of a reduction in military force structure.

   Language is included that provides that none of the funds made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of Korea unless appropriated for that purpose.

   Language is included that provides for reimbursement to the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to the Combatant Commands, Defense Agencies and Joint Intelligence Activities.

   Language is included that prohibits funds made available in this Act from being used to reduce civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level unless the Service Surgeons General certify to the congressional defense committees that it is a responsible stewardship of resources to do so.

   Language is included that provides that Defense and Central Intelligence Agencies' drug interdiction and counter-drug activity funds may not be transferred to other agencies unless specifically provided in an appropriations law.

   Language is included that prohibits the use of funds appropriated by this Act for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin.

   Language is included that provides for the Department of Defense to purchase supercomputers manufactured only in the United States.

   Language is included that prohibits the use of funds made available in this or any other Act to transfer administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without expressed authorization of the Congress.

   Language is included that provides for prior congressional notification of article transfers to international peacekeeping organizations.

   Language is included that prohibits the use of funds made available in this Act for contractor bonuses from being paid due to business restructuring.

   Language is included that provides for the transfer of funds to be used to support personnel supporting approved non-traditional defense activities.

   Language is included that provides for the Department of Defense to dispose of negative unliquidated or unexpended balances for expired or closed accounts.

   Language is included that provides conditions for the use of equipment of the National Guard Distance Learning Project on a space-available, reimbursable basis.

   Language is included that provides for the availability of funds provided by this Act to implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community, Germany.

   Language is included that provides for the limitation on the use of funds appropriated in Title IV to procure end-items for delivery to military forces for operational training, operational use or inventory requirements.

   Language is included that provides in perpetuity for the use of funds made available in this Act for the transportation of relief supplies to American Samoa and the Indian Health Service.

   Language is included that prohibits the use of funds made available in this Act from being used to approve or license the sale of the F-22A advanced tactical fighter to any foreign government.

   Language is included that provides for a waiver of the ``Buy America'' provisions for certain cooperative programs.

   Language is included that prohibits the use of funds made available in this Act to support the training of members of foreign security forces who have engaged in gross violations of human rights.

   Language is included that provides for the Department to develop, lease or procure T-AKE class ships with main propulsion engines and propulsors manufactured only in the United States by a domestically operated entity.

   Language is included that prohibits the use of funds made available in this Act for repairs or maintenance to military family housing units.

   Language is included that provides obligation authority for new starts for advanced concept technology demonstration projects only after notification to the congressional defense committees.

   Language is included that provides that the Secretary of Defense shall provide a classified quarterly report on certain matters as directed in the classified annex accompanying this Act.

   Language is included that prohibits the use of funds made available to the Department of Defense to provide support to an agency that is more than 90 days in arrears in making payments to the Department of Defense for goods or services provided on a reimbursable basis.

   Language is included that provides for the use of National Guard personnel to support ground-based elements of the National Ballistic Missile Defense System.

   Language is included that prohibits the use of funds made available in this Act to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and is designated as ``armor piercing'' except for demilitarization purposes.

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   Language is included that provides for a waiver by the Chief, National Guard Bureau or his designee for all or part of consideration in cases of personal property leases of less than one year.

   Language is included that prohibits funds made available in this Act from being used to purchase alcoholic beverages.

   Language is included that provides for the use of funds made available to the Department of Defense for the Global Positioning System.

   Language is included that provides for the transfer of funds made available in this Act under ``Operation and Maintenance, Army'' to other activities of the Federal Government for classified purposes.

   Language is included that provides for the forced matching of disbursement and obligations made by the Department of Defense in fiscal year 2009.

   Language is included that provides grant authority for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary.

   Language is included that provides the Secretary of Defense, in coordination with the Secretary of Health and Human Services, the authority to distribute surplus dental and medical equipment to Indian Health Service facilities and to federally-qualified health centers.

   Language is included that provides funding and transfer authority for the Arrow Missile Defense Program.

   Language is included that provides for the transfer of funds to properly complete prior year shipbuilding programs.

   Language is included that none of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command administrative and operational control of U.S. Navy forces assigned to the Pacific Fleet.

   Language is included that provides for the noncompetitive appointments of certain medical occupational specialties, as prescribed by section 7403(g) of Title 38, United States Code.

   Language is included that provides that funds made available in this Act are deemed to be specifically authorized by Congress for purposes of section 504 of the National Security Act of 1947.

   Language is included that prohibits the use of funds made available in this Act to initiate a new start program without prior written notification.

   Language is included that provides authority for the Secretary of the Army to make a grant only to the Center for Military Recruitment, Assessment and Veterans Employment.

   Language is included that provides funds for public schools with unusually high concentrations of special needs military dependents.

   Language is included which provides the Secretary of Defense the authority to make grants in the amounts specified.

   Language is included that directs the financing, development and fielding of the Non-Line-of-Sight Cannon, including the delivery of pre-production prototypes.

   Language is included that provides that the budget request for fiscal year 2010 shall include separate budget justification documents for costs of the United States Armed Forces' participation in Contingency Operations for military personnel, operation and maintenance, and procurement accounts.

   Language is included that prohibits funds made available in this Act from being used for the research, development, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system.

   Language is included that permits Operation and Maintenance, Navy funds to be used to repair, maintain and operate flood control systems adjacent to the Pacific Missile Range Facility.

   Language is included that prohibits funds made available in this Act from being used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve.

   Language is included that prohibits funds made available in this Act from being used for the integration of foreign intelligence information unless the information has been lawfully collected and processed during conduct of authorized foreign intelligence activities.

   Language is included that provides that at the time members of Reserve components of the Armed Forces are called or ordered to active duty, each member shall be notified in writing of the expected period during which the member will be mobilized.

   Language is included that provides that the Secretary of Defense may transfer funds from any available Department of the Navy appropriation to any available Navy ship construction appropriation to liquidate costs caused by rate adjustments or other economic factors.

   Language is included that provides for the use of current and expired Shipbuilding and Conversion, Navy subdivisions to reimburse the Judgment Fund.

   Language is included that prohibits transfer of program authorities relating to current tactical unmanned aerial vehicles (TUAV) from the Army.

   Language is included that provides in perpetuity limitations for the reimbursement of any health care provider for inpatient mental health services.

   Language is included that provides authorities to the Joint Interagency Training and Education Center, for homeland defense/security and traditional warfighting training.

   Language is included that provides authority to the Secretary of Defense to adjust wage rates for civilian employees hired for certain health care occupations.

   Language is included that provides permanent authority to conduct a continuing cooperative program in the proviso in title II of Public Law 102-368 under the heading ``Research Development, Test and Evaluation, Defense Agencies''.

   Language is included that provides the U. S. Pacific Command the authority to obligate funds for humanitarian and security assistance within the theater of operation.

   Language is included that has been added and limits the obligation authority of funds provided for the Director of National Intelligence to the current fiscal year except for research and technology which shall remain available for the current and the following fiscal years.

   Language is included to adjust the budget by Congressional Budget Office inflation indices.

   Language is included that provides for the adjustment of obligations within the Shipbuilding and Conversion, Navy appropriation.

   Language is included that provides that not more than 35 percent of the funds made available in this Act for environmental remediation may be obligated under indefinite delivery/indefinite quantity contracts with a total contract value of $130,000,000 or higher.

   Language is included that provides for the creation of a major force program category for space for the Future Year Defense Program of the Department of Defense.

   Language is included that prohibits award fees to any defense contractor contrary to the provisions of section 814 of the National Defense Authorization Act, Fiscal Year 2007 (Public Law 109-364).

   Language is included that prohibits the use of funds made available in this Act to establish any permanent military installation or base in Iraq.

   Language is included that requires the Intelligence Community to submit certain budget exhibits, as described in the Department of Defense Financial Management Regulation, for procurement and research, development, test and evaluation programs.

   Language is included that prohibits the use of funds made available in this Act to contravene laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

   Language is included that provides limitations on the use of funds made available in this Act to pay negotiated indirect cost rates on agreements or arrangements between the Department of Defense and nonprofit institutions.

   Language is included that directs the Secretary of Defense to maintain on the Department of Defense website a link to Office of the Inspector General of the Department of Defense.

   Language is included that prohibits transfers of funds until the Director of National Intelligence submits a baseline for application of reprogramming and transfer authorities.

   Language is included that directs the Director of National Intelligence to provide a future-years intelligence program with the President's budget submission to Congress.

   Language is included that defines congressional intelligence committees.

   Language is included that directs that the Department continue to report incremental contingency operations costs for Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF) on a monthly basis in the Cost of War Execution Report as required by Department of Defense Financial Management Regulation.

   Language is included that provides for a transfer of lands, easements, Air Installation Compatible Use Zones, and facilities at NASJRB Willow Grove.

   Language is included that provides for stop loss special pay.

   Language is included that extends the statute of limitations during wartime.

   Language is included that provides for incentives of downblending of highly enriched uranium by the Russian Federation.

   Language is included that provides for a reduction of excess cash balances in the Department of Defense Working Capital Funds.

   DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS

   Following is a list of congressional earmarks and congressionally directed spending items (as defined in clause 9 of rule XXI of the Rules of the House of Representatives and rule XLIV of the Standing Rules of the Senate, respectively) included in the bill or this explanatory statement, along with the name of each Senator, House Member, Delegate, or Resident Commissioner who submitted a request to the Committee of jurisdiction for each item so identified. Neither the bill nor the explanatory statement contains any limited tax benefits or limited tariff benefits as defined in the applicable House and Senate rules.

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