PUBLIC LAW 111–84—OCT. 28, 2009 

NATIONAL DEFENSE AUTHORIZATION ACT 

FOR FISCAL YEAR 2010 


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123 STAT. 2190 PUBLIC LAW 111–84—OCT. 28, 2009 

Public Law 111–84 

111th Congress 

An Act 

To authorize appropriations for fiscal year 2010 for military activities of the 

Department of Defense, for military construction, and for defense activities of 

the Department of Energy, to prescribe military personnel strengths for such 

fiscal year, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Defense Authorization 

Act for Fiscal Year 2010’’. 

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. 

(a) DIVISIONS.—This Act is organized into five divisions as 

follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations and Other Authorizations. 

(4) Division D—Funding tables. 

(5) Division E—Matthew Shepard and James Byrd, Jr. 

Hate Crimes Prevention Act 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Congressional defense committees. 

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Sec. 106. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 107. Relation to funding table. 

Subtitle B—Army Programs 

Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade 

combat team equipment. 

Subtitle C—Navy Programs 

Sec. 121. Littoral Combat Ship program. 

Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisition program. 

Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship. 

National Defense 

Authorization 

Act for Fiscal 

Year 2010. 

Oct. 28, 2009 

[H.R. 2647] 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2191 

Sec. 124. Advance procurement funding. 

Sec. 125. Procurement programs for future naval surface combatants. 

Sec. 126. Ford-class aircraft carrier report. 

Sec. 127. Report on a service life extension program for Oliver Hazard Perry class 

frigates. 

Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or 

EA–18G aircraft. 

Subtitle D—Air Force Programs 

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft. 

Sec. 132. Revised availability of certain funds available for the F–22A fighter aircraft. 

Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft. 

Sec. 134. AC–130 gunships. 

Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System reengining. 

Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. 

Sec. 137. Limitation on retirement of C–5 aircraft. 

Sec. 138. Reports on strategic airlift aircraft. 

Sec. 139. Strategic airlift force structure. 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Body armor procurement. 

Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. 

Sec. 143. Modification of nature of data link for use by tactical unmanned aerial 

vehicles. 

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Relation to funding table. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Extension and enhancement of Global Research Watch Program. 

Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology 

Panel. 

Sec. 213. Elimination of report requirements regarding Defense Science and Technology Program. 

Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure 

and Government purpose rights license associated with the Navy-Marine Corps intranet. 

Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible 

program. 

Sec. 216. Separate program elements required for research and development of individual body armor and associated components. 

Sec. 217. Separate procurement and research, development, test, and evaluation 

line items and program elements for the F-35B and F-35C joint strike 

fighter aircraft. 

Sec. 218. Restriction on obligation of funds for Army tactical ground network program pending receipt of report. 

Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabilities for the Army. 

Sec. 220. Guidance on budget justification materials describing funding requested 

for operation, sustainment, modernization, and personnel of major 

ranges and test facilities. 

Sec. 221. Assessment of technological maturity and integration risk of Army modernization programs. 

Sec. 222. Assessment of activities for technology modernization of the combat vehicle and armored tactical wheeled vehicle fleets. 

Subtitle C—Missile Defense Programs 

Sec. 231. Sense of Congress on ballistic missile defense. 

Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of 

the Ballistic Missile Defense System. 

Sec. 233. Continued production of Ground-based Interceptor missile and operation 

of Missile Field 1 at Fort Greely, Alaska. 

Sec. 234. Limitation on availability of funds for acquisition or deployment of missile 

defenses in Europe. 

Sec. 235. Authorization of funds for development and deployment of alternative 

missile defense systems in Europe. 


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123 STAT. 2192 PUBLIC LAW 111–84—OCT. 28, 2009 

Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile defense system. Sec. 237. Study on discrimination capabilities of ballistic missile defense system. 

Sec. 238. Ascent phase missile defense strategy and plan. 

Sec. 239. Extension of deadline for study on boost-phase missile defense. 

Subtitle D—Reports 

Sec. 241. Repeal of requirement for biennial joint warfighting science and technology plan. Sec. 242. Modification of reporting requirement for defense nanotechnology research and development program. Sec. 243. Comptroller General assessment of coordination of energy storage device 

requirements, purchases, and investments. Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft acquisition program. Sec. 245. Report on integration of Department of Defense intelligence, surveillance, 

and reconnaissance capabilities. Sec. 246. Report on future research and development of man-portable and vehiclemounted guided missile systems. Sec. 247. Report on the development of command and control systems. 

Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. 

Subtitle E—Other Matters 

Sec. 251. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test 

Facility Base. Sec. 252. Establishment of program to enhance participation of historically black 

colleges and universities and minority-serving institutions in defense research programs. Sec. 253. Extension of authority to award prizes for advanced technology achievements. 

Sec. 254. Authority for National Aeronautics and Space Administration federally 

funded research and development centers to participate in merit-based 

technology research and development programs. Sec. 255. Next generation bomber aircraft. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Relation to funding table. 

Subtitle B—Environmental Provisions 

Sec. 311. Clarification of requirement for use of available funds for Department of 

Defense participation in conservation banking programs. Sec. 312. Reauthorization of title I of Sikes Act. 

Sec. 313. Authority of Secretary of a military department to enter into interagency 

agreements for land management on Department of Defense installations. 

Sec. 314. Reauthorization of pilot program for invasive species management for 

military installations in Guam. Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in 

connection with the Former Nansemond Ordnance Depot Site, Suffolk, 

Virginia. Sec. 316. Procurement and use of munitions. 

Sec. 317. Prohibition on disposing of waste in open-air burn pits. 

Sec. 318. Military munitions response sites. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Public-private competition required before conversion of any Department 

of Defense function performed by civilian employees to contractor performance. 

Sec. 322. Time limitation on duration of public-private competitions. 

Sec. 323. Policy regarding installation of major modifications and upgrades. 

Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. Sec. 325. Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor. Sec. 326. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor. Sec. 327. Amendments to bid protest procedures by Federal employees and agency 

officials in conversions of functions from performance by Federal employees to performance by a contractor. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2193 

Sec. 328. Improvement of inventory management practices. 

Sec. 329. Modification of date for submittal to Congress of annual report on funding 

for public and private performance of depot-level maintenance and repair workloads. 

Subtitle D—Energy Security 

Sec. 331. Authorization of appropriations for Director of Operational Energy. 

Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs. 

Sec. 333. Report on implementation of Comptroller General recommendations on 

fuel demand management at forward-deployed locations. 

Sec. 334. Report on use of renewable fuels to meet energy requirements of Department of Defense. 

Sec. 335. Energy security on Department of Defense installations. 

Subtitle E—Reports 

Sec. 341. Annual report on procurement of military working dogs. 

Sec. 342. Plan for managing vegetative encroachment at training ranges. 

Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B 

Harrier aircraft. 

Sec. 344. Study on Army modularity. 

Subtitle F—Other Matters 

Sec. 351. Authority for airlift transportation at Department of Defense rates for 

non-Department of Defense Federal cargoes. 

Sec. 352. Policy on ground combat and camouflage utility uniforms. 

Sec. 353. Condition-based maintenance demonstration programs. 

Sec. 354. Extension of arsenal support program initiative. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army active-duty end strengths for 

fiscal years 2011 and 2012. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and 

Students account for the Army National Guard. 

Sec. 417. Report on requirements of the National Guard for non-dual status technicians. 

Sec. 418. Expansion of authority of Secretaries of the military departments to increase certain end strengths to include Selected Reserve end strengths. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Repeal of delayed one-time shift of military retirement payments. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. 

Sec. 502. Modification of limitations on general and flag officers on active duty. 

Sec. 503. Revisions to annual reporting requirement on joint officer management. 

Sec. 504. Extension of temporary increase in maximum number of days leave members may accumulate and carryover. 

Sec. 505. Computation of retirement eligibility for enlisted members of the Navy 

who complete the Seaman to Admiral (STA–21) officer candidate program. 

Sec. 506. Independent review of judge advocate requirements of the Department of 

the Navy. 

Subtitle B—General Service Authorities 

Sec. 511. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment. 


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123 STAT. 2194 PUBLIC LAW 111–84—OCT. 28, 2009 

Sec. 512. Medical examination required before administrative separation of members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury. 

Sec. 513. Legal assistance for additional reserve component members. 

Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for 

Reserve units when certain suspension of training is likely. 

Sec. 515. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces. 

Sec. 516. Report on presence in the Armed Forces of members associated or affiliated with groups engaged in prohibited activities. 

Subtitle C—Education and Training 

Sec. 521. Detail of commissioned officers as students at schools of psychology. 

Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve 

Officers’ Training Corps at military junior colleges as cadets in Army 

Reserve or Army National Guard of the United States. 

Sec. 523. Expansion of criteria for appointment as member of the Board of Regents 

of the Uniformed Services University of the Health Sciences. 

Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills 

to assist in providing mental health care. 

Sec. 525. Department of Defense undergraduate nurse training program. 

Sec. 526. Increase in number of private sector civilians authorized for admission to 

National Defense University. 

Sec. 527. Appointments to military service academies from nominations made by 

Delegate from the Commonwealth of the Northern Mariana Islands. 

Sec. 528. Athletic association for the Air Force Academy. 

Sec. 529. Language training centers for members of the Armed Forces and civilian 

employees of the Department of Defense. 

Subtitle D—Defense Dependents’ Education 

Sec. 531. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 532. Impact aid for children with severe disabilities. 

Sec. 533. Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure 

changes, or force relocations. 

Sec. 534. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents. 

Sec. 535. Permanent authority for enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme 

Headquarters Allied Powers, Europe. 

Sec. 536. Determination of number of weighted student units for local educational 

agencies for receipt of basic support payments under impact aid. 

Sec. 537. Study on options for educational opportunities for dependent children of 

members of the Armed Forces when public schools attended by such 

children are determined to need improvement. 

Sec. 538. Comptroller General audit of assistance to local educational agencies for 

dependent children of members of the Armed Forces. 

Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity 

for Military Children. 

Subtitle E—Missing or Deceased Persons 

Sec. 541. Additional requirements for accounting for members of the Armed Forces 

and Department of Defense civilian employees listed as missing in conflicts occurring before enactment of new system for accounting for missing persons. 

Sec. 542. Policy and procedures on media access and attendance by family members 

at ceremonies for the dignified transfer of remains of members of the 

Armed Forces who die overseas. 

Sec. 543. Report on expansion of authority of a member to designate persons to direct disposition of the remains of a deceased member. 

Sec. 544. Sense of Congress on the recovery of the remains of members of the 

Armed Forces who were killed during World War II in the battle of 

Tarawa Atoll. 

Subtitle F—Decorations and Awards 

Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. 

Kaho’ohanohano for acts of valor during the Korean War. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2195 

Sec. 552. Authorization and request for award of Distinguished-Service Cross to 

Jack T. Stewart for acts of valor during the Vietnam War. 

Sec. 553. Authorization and request for award of Distinguished-Service Cross to 

William T. Miles, Jr., for acts of valor during the Korean War. 

Subtitle G—Military Family Readiness Matters 

Sec. 561. Establishment of online resources to provide information about benefits 

and services available to members of the Armed Forces and their families. 

Sec. 562. Additional members on Department of Defense Military Family Readiness 

Council. 

Sec. 563. Support for military families with special needs. 

Sec. 564. Pilot program to secure internships for military spouses with Federal 

agencies. 

Sec. 565. Family and medical leave for family of servicemembers. 

Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense 

Task Force on Sexual Assault in the Military Services. 

Sec. 567. Improved prevention and response to allegations of sexual assault involving members of the Armed Forces. 

Sec. 568. Comptroller General report on progress made in implementing recommendations to reduce domestic violence in military families. 

Sec. 569. Report on impact of domestic violence on military families. 

Sec. 570. Report on international intrafamilial abduction of children of members of 

the Armed Forces. 

Sec. 571. Assessment of impact of deployment of members of the Armed Forces on 

their dependent children. 

Sec. 572. Report on child custody litigation involving service of members of the 

Armed Forces. 

Sec. 573. Comptroller General report on child care assistance for members of the 

Armed Forces. 

Subtitle H—Military Voting 

Sec. 575. Short title. 

Sec. 576. Clarification regarding delegation of State responsibilities to local jurisdictions. 

Sec. 577. Establishment of procedures for absent uniformed services voters and 

overseas voters to request and for States to send voter registration applications and absentee ballot applications by mail and electronically. 

Sec. 578. Establishment of procedures for States to transmit blank absentee ballots 

by mail and electronically to absent uniformed services voters and overseas voters. 

Sec. 579. Ensuring absent uniformed services voters and overseas voters have time 

to vote. 

Sec. 580. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. 

Sec. 581. Federal write-in absentee ballot. 

Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and Federal write-in absentee ballots 

for failure to meet certain requirements. 

Sec. 583. Federal Voting Assistance Program Improvements. 

Sec. 584. Development of standards for reporting and storing certain data. 

Sec. 585. Repeal of provisions relating to use of single application for all subsequent elections. 

Sec. 586. Reporting requirements. 

Sec. 587. Annual report on enforcement. 

Sec. 588. Requirements payments. 

Sec. 589. Technology pilot program. 

Subtitle I—Other Matters 

Sec. 591. Clarification of performance policies for military musical units and musicians. 

Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps. 

Sec. 593. Modification of matching fund requirements under National Guard Youth 

Challenge Program. 

Sec. 594. Expansion of Military Leadership Diversity Commission to include reserve component representatives. 

Sec. 595. Expansion of suicide prevention and community healing and response 

training under the Yellow Ribbon Reintegration Program. 

Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance 

use disorders and disposition of substance abuse offenders in the Armed 

Forces. 


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123 STAT. 2196 PUBLIC LAW 111–84—OCT. 28, 2009 

Sec. 597. Reports on Yellow Ribbon Reintegration Program and other reintegration 

programs. 

Sec. 598. Reports on progress in completion of certain incident information management tools. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2010 increase in military basic pay. 

Sec. 602. Increase in maximum monthly amount of supplemental subsistence allowance for low-income members with dependents. 

Sec. 603. Special compensation for members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living. 

Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program 

for certain periods before implementation of program. 

Sec. 605. Report on housing standards and housing surveys used to determine 

basic allowance for housing. 

Sec. 606. Comptroller General comparative assessment of military and private-sector pay and benefits. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for health 

care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. 

Sec. 616. One-year extension of authorities relating to payment of referral bonuses. 

Sec. 617. Technical corrections and conforming amendments to reconcile conflicting 

amendments regarding continued payment of bonuses and similar benefits for certain members. 

Sec. 618. Proration of certain special and incentive pays to reflect time during 

which a member satisfies eligibility requirements for the special or incentive pay. 

Sec. 619. Additional assignment pay or special duty pay authorized for members 

agreeing to serve in Afghanistan for extended periods. 

Sec. 620. Temporary authority for monthly special pay for members of the Armed 

Forces subject to continuing active duty or service under stop-loss authorities. 

Sec. 621. Army authority to provide additional recruitment incentives. 

Sec. 622. Report on recruitment and retention of members of the Air Force in nuclear career fields. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Travel and transportation for survivors of deceased members of the uniformed services to attend memorial ceremonies. 

Sec. 632. Travel and transportation allowances for designated individuals of 

wounded, ill, or injured members of the uniformed services for duration 

of inpatient treatment. 

Sec. 633. Authorized travel and transportation allowances for non-medical attendants for very seriously and seriously wounded, ill, or injured members. 

Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on active duty and their dependents for travel for specialty care under exceptional circumstances. 

Sec. 635. Report on adequacy of weight allowances for transportation of baggage 

and household effects for members of the uniformed services. 

Subtitle D—Disability, Retired Pay, and Survivor Benefits 

Sec. 641. Transition assistance for reserve component members injured while on active duty. 

Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve 

retirees to reflect service after retirement. 

Sec. 643. Election to receive retired pay for non-regular service upon retirement for 

service in an active reserve status performed after attaining eligibility 

for regular retirement. 

Sec. 644. Report on re-determination process for permanently incapacitated dependents of retired and deceased members of the Armed Forces. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2197 

Sec. 645. Treatment as active service for retired pay purposes of service as member 

of Alaska Territorial Guard during World War II. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 651. Limitation on Department of Defense entities offering personal information services to members and their dependents. 

Sec. 652. Report on impact of purchasing from local distributors all alcoholic beverages for resale on military installations on Guam. 

Subtitle F—Other Matters 

Sec. 661. Limitations on collection of overpayments of pay and allowances erroneously paid to members. 

Sec. 662. Sense of Congress on airfares for members of the Armed Forces. 

Sec. 663. Sense of Congress on establishment of flexible spending arrangements for 

the uniformed services. 

Sec. 664. Sense of Congress regarding support for compensation, retirement, and 

other military personnel programs. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions. 

Sec. 702. Health care for members of the reserve components. 

Sec. 703. Enhancement of transitional dental care for members of the reserve components on active duty for more than 30 days in support of a contingency operation. 

Sec. 704. Expansion of survivor eligibility under TRICARE dental program. 

Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve 

who are qualified for a non-regular retirement but are not yet age 60. 

Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise 

ineligible under retroactive determination of entitlement to Medicare 

part A hospital insurance benefits. 

Sec. 707. Notification of certain individuals regarding options for enrollment under 

Medicare part B. 

Sec. 708. Mental health assessments for members of the Armed Forces deployed in 

connection with a contingency operation. 

Sec. 709. Temporary TRICARE inpatient fee modification. 

Subtitle B—Health Care Administration 

Sec. 711. Comprehensive policy on pain management by the military health care 

system. 

Sec. 712. Administration and prescription of psychotropic medications for members 

of the Armed Forces before and during deployment. 

Sec. 713. Cooperative health care agreements between military installations and 

non-military health care systems. 

Sec. 714. Plan to increase the mental health capabilities of the Department of Defense. 

Sec. 715. Department of Defense study on management of medications for physically and psychologically wounded members of the Armed Forces. 

Sec. 716. Limitation on obligation of funds under defense health program information technology programs. 

Subtitle C—Other Matters 

Sec. 721. Study and plan to improve military health care. 

Sec. 722. Study, plan, and pilot for the mental health care needs of dependent children of members of the Armed Forces. 

Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former 

members of the Armed Forces. 

Sec. 724. Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed 

Forces. 

Sec. 725. Chiropractic clinical trials. 

Sec. 726. Independent study on post-traumatic stress disorder efforts. 

Sec. 727. Report on implementation of requirements on the relationship between 

the TRICARE program and employer-sponsored group health plans. 

Sec. 728. Report on stipends for members of reserve components for health care for 

certain dependents. 


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123 STAT. 2198 PUBLIC LAW 111–84—OCT. 28, 2009 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Temporary authority to acquire products and services produced in countries along a major route of supply to Afghanistan; report. 

Sec. 802. Assessment of improvements in service contracting. 

Sec. 803. Display of annual budget requirements for procurement of contract services and related clarifying technical amendments. 

Sec. 804. Implementation of new acquisition process for information technology systems. 

Sec. 805. Life-cycle management and product support. 

Sec. 806. Treatment of non-defense agency procurements under joint programs 

with intelligence community. 

Sec. 807. Policy and requirements to ensure the safety of facilities, infrastructure, 

and equipment for military operations. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitation 

Sec. 811. Justification and approval of sole-source contracts. 

Sec. 812. Revision of Defense Supplement relating to payment of costs prior to 

definitization. 

Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. 

Sec. 814. Amendment to notification requirements for awards of single source task 

or delivery orders. 

Sec. 815. Clarification of uniform suspension and debarment requirement. 

Sec. 816. Extension of authority for use of simplified acquisition procedures for certain commercial items. 

Sec. 817. Reporting requirements for programs that qualify as both major automated information system programs and major defense acquisition programs. 

Sec. 818. Small arms production industrial base matters. 

Sec. 819. Contract authority for advanced component development or prototype 

units. 

Sec. 820. Publication of notification of bundling of contracts of the Department of 

Defense. 

Subtitle C—Contractor Matters 

Sec. 821. Authority for Government support contractors to have access to technical 

data belonging to prime contractors. 

Sec. 822. Extension and enhancement of authorities on the Commission on Wartime Contracting in Iraq and Afghanistan. 

Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to companies found to jeopardize health or safety of Government personnel. 

Subtitle D—Acquisition Workforce Matters 

Sec. 831. Enhancement of expedited hiring authority for defense acquisition workforce positions. 

Sec. 832. Funding of Department of Defense Acquisition Workforce Development 

Fund. 

Sec. 833. Review of post-employment restrictions applicable to the Department of 

Defense. 

Sec. 834. Review of Federal acquisition workforce training and hiring. 

Subtitle E—Other Matters 

Sec. 841. Reports to Congress on full deployment decisions for major automated information system programs. 

Sec. 842. Authorization to take actions to correct the industrial resource shortfall 

for high-purity beryllium metal. 

Sec. 843. Report on rare earth materials in the defense supply chain. 

Sec. 844. Comptroller General report on structure and management of subcontractors under contracts for major weapon systems. 

Sec. 845. Study of the use of factors other than cost or price as the predominate 

factors in evaluating competitive proposals for defense procurement contracts. 

Sec. 846. Repeal of requirements relating to the military system essential item 

breakout list. 

Sec. 847. Extension of SBIR and STTR programs of the Department of Defense. 

Sec. 848. Extension of authority for small business innovation research Commercialization Pilot Program. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2199 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense Cyber 

Crime Center. 

Sec. 902. Organizational structure of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity. 

Sec. 903. Sense of Congress regarding the Director of Operational Energy Plans 

and Programs. 

Sec. 904. Increased flexibility for combatant commander initiative fund. 

Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense for Technology Security Policy within the Office of the Under Secretary of Defense for Policy. 

Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of Defense. 

Subtitle B—Space Activities 

Sec. 911. Submission and review of space science and technology strategy. 

Sec. 912. Provision of space situational awareness services and information to nonUnited States Government entities. 

Sec. 913. Management and funding strategy and implementation plan for the National Polar-Orbiting Operational Environmental Satellite System Program. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from 

counterintelligence operations. 

Sec. 922. Plan to address foreign ballistic missile intelligence analysis. 

Subtitle D—Other Matters 

Sec. 931. Implementation strategy for developing leap-ahead cyber operations capabilities. 

Sec. 932. Defense integrated military human resources system development and 

transition. 

Sec. 933. Report on special operations command organization, manning, and management. 

Sec. 934. Study on the recruitment, retention, and career progression of uniformed 

and civilian military cyber operations personnel. 

Sec. 935. Plan on access to national airspace for unmanned aircraft systems. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Relationship of the quadrennial defense review and the annual budget 

request. 

Sec. 1003. Audit readiness of financial statements of the Department of Defense. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 

Sec. 1012. Joint task forces support to law enforcement agencies conducting 

counter-terrorism activities. 

Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 

activities. 

Sec. 1014. Support for counter-drug activities of certain foreign governments. 

Sec. 1015. Border coordination centers in Afghanistan and Pakistan. 

Sec. 1016. Comptroller General report on effectiveness of accountability measures 

for assistance from counter-narcotics central transfer account. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. 

Sec. 1022. Designation of U.S.S. Constitution as America’s Ship of State. 

Sec. 1023. Temporary reduction in minimum number of operational aircraft carriers. 

Sec. 1024. Sense of Congress concerning the disposition of Submarine NR–1. 

Subtitle D—Miscellaneous Requirements, Authorities, and Limitations 

Sec. 1031. Prohibition relating to propaganda. 

Sec. 1032. Responsibility for preparation of biennial global positioning system report. 


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Sec. 1033. Reports on bandwidth requirements for major defense acquisition programs and major system acquisition programs. 

Sec. 1034. Additional duties for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents. 

Sec. 1035. Charter for the National Reconnaissance Office. 

Sec. 1036. National strategic five-year plan for improving the nuclear forensic and 

attribution capabilities of the United States. 

Sec. 1037. Authorization of appropriations for payments to Portuguese nationals 

employed by the Department of Defense. 

Sec. 1038. Prohibition on interrogation of detainees by contractor personnel. 

Sec. 1039. Notification and access of International Committee of the Red Cross 

with respect to detainees at Theater Internment Facility at Bagram Air 

Base, Afghanistan. 

Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists. 

Sec. 1041. Limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1042. Additional subpoena authority for the Inspector General of the Department of Defense. 

Sec. 1043. Limitations on modifications of certain Government furnished equipment; one-time authority to transfer certain military prototype. 

Subtitle E—Studies and Reports 

Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial 

defense review. 

Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense 

review. 

Sec. 1053. Annual report on the electronic warfare strategy of the Department of 

Defense. 

Sec. 1054. Study on a system for career development and management of interagency national security professionals. 

Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and 

related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons. Sec. 1056. Comptroller General review of Department of Defense spending in final 

fiscal quarters. 

Sec. 1057. Report on Air America. 

Sec. 1058. Report on defense travel simplification. 

Sec. 1059. Report on modeling and simulation technological and industrial base. 

Sec. 1060. Report on enabling capabilities for special operations forces. 

Sec. 1061. Additional members and duties for the independent panel to assess the 

quadrennial defense review. 

Sec. 1062. Congressional earmarks relating to the Department of Defense. 

Sec. 1063. Report on basing plans for certain United States geographic combatant 

commands. 

Subtitle F—Other Matters 

Sec. 1071. Extension of certain authority for making rewards for combating terrorism. 

Sec. 1072. Business process reengineering. 

Sec. 1073. Technical and clerical amendments. 

Sec. 1074. Extension of sunset for congressional commission on the strategic posture of the United States. 

Sec. 1075. Combat air forces restructuring. 

Sec. 1076. Sense of Congress regarding carrier air wing force structure. 

Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or 

rehabilitation of veterans with physical or mental injuries or disabilities. 

Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. 

Sec. 1079. Justice for victims of torture and terrorism. 

Sec. 1080. Requirement for videotaping or otherwise electronically recording strategic intelligence interrogations of persons in the custody of or under the 

effective control of the Department of Defense. 

Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling 

support for the air force. 

Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service 

air refueling support for the Air Force. 

Sec. 1083. Disclosure of names of students and instructors at Western Hemisphere 

Institute for Security Cooperation. 

Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Security Cooperation. 


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TITLE XI—CIVILIAN PERSONNEL MATTERS 

Subtitle A—Personnel 

Sec. 1101. Authority to employ individuals completing the National Security Education Program. 

Sec. 1102. Authority for employment by Department of Defense of individuals who 

have successfully completed the requirements of the science, mathematics, and research for transformation (SMART) defense scholarship 

program. 

Sec. 1103. Authority for the employment of individuals who have successfully completed the Department of Defense information assurance scholarship 

program. 

Sec. 1104. Extension and modification of experimental personnel management program for scientific and technical personnel. 

Sec. 1105. Modification to Department of Defense laboratory personnel authority. 

Sec. 1106. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. 

Sec. 1107. Extension of certain benefits to Federal civilian employees on official 

duty in Pakistan. 

Sec. 1108. Requirement for Department of Defense strategic workforce plans. 

Sec. 1109. Adjustments to limitations on personnel and requirement for annual 

manpower reporting. 

Sec. 1110. Pilot program for the temporary exchange of information technology personnel. 

Sec. 1111. Availability of funds for compensation of certain civilian employees of 

the Department of Defense. 

Sec. 1112. Department of defense civilian leadership program. 

Sec. 1113. Provisions relating to the National Security Personnel System. 

Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel System. 

Subtitle B—Provisions Relating to Reemployment of Annuitants 

Sec. 1121. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants. 

Sec. 1122. Part-time reemployment. 

Sec. 1123. Government Accountability Office report. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. One-year extension of authority for security and stabilization assistance. Sec. 1202. Expansion of authority and modification of notification and reporting 

requirements for use of authority for support of special operations to 

combat terrorism. 

Sec. 1203. Modification of report on foreign-assistance related programs carried 

out by the Department of Defense. 

Sec. 1204. Report on authorities to build the capacity of foreign military forces and 

related matters. 

Sec. 1205. Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to United States Joint 

Forces Command. 

Sec. 1206. Modification of authorities relating to program to build the capacity of 

foreign military forces. 

Sec. 1207. Authority for non-reciprocal exchanges of defense personnel between the 

United States and foreign countries. 

Sec. 1208. Report on alternatives to use of acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability. 

Sec. 1209. Enhancing Iraqi security through defense cooperation between the 

United States and Iraq. 

Sec. 1210. Availability of appropriated funds for the State Partnership Program. 

Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 

Sec. 1221. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1222. One-year extension and expansion of Commanders’ Emergency Response Program. 

Sec. 1223. Modification of authority for reimbursement of certain coalition nations 

for support provided to United States military operations. 

Sec. 1224. Pakistan Counterinsurgency Fund. 


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Sec. 1225. Program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and Pakistan. 

Sec. 1226. Reports on campaign plans for Iraq and Afghanistan. 

Sec. 1227. Report on responsible redeployment of United States Armed Forces 

from Iraq. 

Sec. 1228. Report on community-based security programs in Afghanistan. 

Sec. 1229. Updates of report on command and control structure for military forces 

operating in Afghanistan. 

Sec. 1230. Report on feasibility and desirability of establishing general uniform 

procedures and guidelines for the provision of monetary assistance by 

the United States to civilian foreign nationals for losses incident to combat activities of the armed forces. 

Sec. 1231. Assessment and report on United States-Pakistan military relations 

and cooperation. 

Sec. 1232. Report on progress toward security and stability in Pakistan. 

Sec. 1233. Repeal of GAO war-related reporting requirement. 

Sec. 1234. Authority to transfer defense articles and provide defense services to 

the military and security forces of Iraq and Afghanistan. 

Sec. 1235. Analysis of required force levels and types of forces needed to secure 

southern and eastern regions of Afghanistan. 

Sec. 1236. Modification of report on progress toward security and stability in Afghanistan. 

Sec. 1237. No permanent military bases in Afghanistan. 

Subtitle C—Other Matters 

Sec. 1241. Report on United States engagement with Iran. 

Sec. 1242. Annual counterterrorism status reports. 

Sec. 1243. Report on United States contributions to the United Nations. 

Sec. 1244. NATO Special Operations Coordination Center. 

Sec. 1245. Annual report on military power of Iran. 

Sec. 1246. Annual report on military and security developments involving the People’s Republic of China. 

Sec. 1247. Report on impacts of drawdown authorities on the Department of Defense. 

Sec. 1248. Risk assessment of United States space export control policy. 

Sec. 1249. Patriot air and missile defense battery in Poland. 

Sec. 1250. Report on potential foreign military sales of the F–22A fighter aircraft. 

Sec. 1251. Report on the plan for the nuclear weapons stockpile, nuclear weapons 

complex, and delivery platforms and sense of Congress on follow-on negotiations to START Treaty. 

Sec. 1252. Map of mineral-rich zones and areas under the control of armed groups 

in the Democratic Republic of the Congo. 

Sec. 1253. Sense of Congress relating to Israel. 

Sec. 1254. Sense of Congress on imposing sanctions with respect to Iran. 

Sec. 1255. Report and sense of Congress on North Korea. 

Sec. 1256. Report on potential missile defense cooperation with Russia. 

Subtitle D—VOICE Act 

Sec. 1261. Short title. 

Sec. 1262. Authorization of appropriations. 

Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund. 

Sec. 1264. Annual report. 

Sec. 1265. Report on actions by non-Iranian companies. 

Sec. 1266. Human rights documentation. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction Program. 

Sec. 1304. Metrics for the Cooperative Threat Reduction Program. 

Sec. 1305. Cooperative Threat Reduction Program authority for urgent threat reduction activities. 

Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 


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Sec. 1403. Chemical agents and munitions destruction, defense. 

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense Health Program. 

Sec. 1407. Relation to funding table. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Extension of previously authorized disposal of cobalt from National Defense Stockpile. 

Sec. 1413. Report on implementation of reconfiguration of the National Defense 

Stockpile. 

Subtitle C—Armed Forces Retirement Home 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR 

OVERSEAS CONTINGENCY OPERATIONS 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1507. Defense-wide activities procurement. 

Sec. 1508. Research, development, test, and evaluation. 

Sec. 1509. Operation and maintenance. 

Sec. 1510. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

Sec. 1511. Limitations on Iraq Security Forces Fund. 

Sec. 1512. Military personnel. 

Sec. 1513. Working capital funds. 

Sec. 1514. Defense Health Program. 

Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1516. Defense Inspector General. 

Sec. 1517. Relation to funding tables. 

Sec. 1518. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. 

Sec. 1519. Treatment as additional authorizations. 

Sec. 1520. Special transfer authority. 

TITLE XVII—DEPARTMENT OF DEFENSE–DEPARTMENT OF VETERANS 

AFFAIRS MEDICAL FACILITY DEMONSTRATION PROJECT 

Sec. 1701. Demonstration project authority. 

Sec. 1702. Transfer of property. 

Sec. 1703. Transfer of civilian personnel of the Department of Defense. 

Sec. 1704. Joint funding authority. 

Sec. 1705. Eligibility of members of the uniformed services for care and services. 

Sec. 1706. Extension of DOD–VA Health Care Sharing Incentive Fund. 

TITLE XVIII—MILITARY COMMISSIONS 

Sec. 1801. Short title. 

Sec. 1802. Military commissions. 

Sec. 1803. Conforming amendments. 

Sec. 1804. Proceedings under prior statute. 

Sec. 1805. Submittal to Congress of revised rules for military commissions. 

Sec. 1806. Annual reports to Congress on trials by military commission. 

Sec. 1807. Sense of Congress on military commission system. 

TITLE XIX—FEDERAL EMPLOYEE BENEFITS 

Subtitle A—General Provisions 

Sec. 1901. Credit for unused sick leave. 

Sec. 1902. Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the Civil Service Retirement System. 

Sec. 1903. Computation of certain annuities based on part-time service. 

Sec. 1904. Authority to deposit refunds under FERS. 

Sec. 1905. Retirement credit for service of certain employees transferred from District of Columbia service to Federal service. 

Subtitle B—Non-Foreign Area Retirement Equity Assurance 

Sec. 1911. Short title. 


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Sec. 1912. Extension of locality pay. 

Sec. 1913. Adjustment of special rates. 

Sec. 1914. Transition schedule for locality-based comparability payments. 

Sec. 1915. Savings provision. 

Sec. 1916. Application to other eligible employees. 

Sec. 1917. Election of additional basic pay for annuity computation by employees. 

Sec. 1918. Regulations. 

Sec. 1919. Effective dates. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

Sec. 2002. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2003. Relation to funding tables. 

Sec. 2004. General reduction across division. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification and extension of authority to carry out certain fiscal year 

2006 project. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force 

project. 

Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2308. Conveyance to Indian tribes of certain housing units. 

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Family Housing. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

Sec. 2405. Termination or modification of authority to carry out certain fiscal year 

2009 projects. 

Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project. 

Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. 

Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. 


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Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. 

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 

Subtitle A—Authorizations 

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990. Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Subtitle B—Other Matters 

Sec. 2711. Relocation of certain Army Reserve units in Connecticut. 

Sec. 2712. Authority to construct Armed Forces Reserve Center in vicinity of Pease 

Air National Guard Base, New Hampshire. Sec. 2713. Sense of Congress on ensuring joint basing recommendations do not adversely affect operational readiness. Sec. 2714. Requirements related to providing world class military medical facilities 

in the National Capital Region. Sec. 2715. Use of economic development conveyances to implement base closure 

and realignment property recommendations. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Modification of unspecified minor construction authorities. 

Sec. 2802. Congressional notification of facility repair projects carried out using operation and maintenance funds. 

Sec. 2803. Modification of authority for scope of work variations. 

Sec. 2804. Modification of conveyance authority at military installations. 

Sec. 2805. Imposition of requirement that acquisition of reserve component facilities be authorized by law. Sec. 2806. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility. Sec. 2807. Expansion of First Sergeants Barracks Initiative. 

Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. 

Sec. 2809. Report on Department of Defense contributions to States for acquisition, 

construction, expansion, rehabilitation, or conversion of reserve component facilities. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Modification of utility systems conveyance authority. 

Sec. 2822. Report on global defense posture realignment and interagency review. 

Sec. 2823. Property and facilities management of the Armed Forces Retirement 

Home. 

Sec. 2824. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California. 

Sec. 2825. Selection of military installations to serve as locations of brigade combat 

teams. 

Sec. 2826. Report on Federal assistance to support communities adversely impacted 

by expansion of military installations. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2831. Role of Department of Defense in management and coordination of Defense activities relating to Guam realignment. Sec. 2832. Clarifications regarding use of special purpose entities to assist with 

Guam realignment. Sec. 2833. Workforce issues related to military construction and certain other 

transactions on Guam. 

Sec. 2834. Composition of workforce for construction projects funded through the 

Support for United States Relocation to Guam Account. Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Realignment. Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on acceptance of replacement facility for Marine Corps Air Station, Futenma, 

Okinawa. 


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Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pacific region. 

Subtitle D—Energy Security 

Sec. 2841. Adoption of unified energy monitoring and utility control system specification for military construction and military family housing activities. 

Sec. 2842. Department of Defense goal regarding use of renewable energy sources 

to meet facility energy needs. 

Sec. 2843. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods. 

Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. 

Sec. 2845. Study on development of nuclear power plants on military installations. 

Sec. 2846. Comptroller General report on Department of Defense renewable energy 

initiatives, including solar initiatives, on military installations. 

Subtitle E—Land Conveyances 

Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska. 

Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 

Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, 

California. 

Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility 

to City of Ferndale, California. 

Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui 

areas, Pearl Harbor, Hawaii. 

Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New 

York. 

Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 

Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota. 

Sec. 2860. Land conveyance, Lackland Air Force Base, Texas. 

Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia. 

Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington. 

Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. 

Subtitle F—Other Matters 

Sec. 2871. Revised authority to establish national monument to honor United 

States Armed Forces working dog teams. 

Sec. 2872. National D–Day Memorial study. 

Sec. 2873. Conditions on establishment of Cooperative Security Location in 

Palanquero, Colombia. 

Sec. 2874. Military activities at United States Marine Corps Mountain Warfare 

Training Center. 

TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY 

CONSTRUCTION AUTHORIZATIONS 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition projects. 

Sec. 2903. Construction authorization for facilities for Office of Defense Representative-Pakistan. 

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY 

AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Energy security and assurance. 

Sec. 3106. Relation to funding tables. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Stockpile stewardship program. 

Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile 

stewardship program. 

Sec. 3113. Stockpile management program. 

Sec. 3114. Dual validation of annual weapons assessment and certification. 

Sec. 3115. Elimination of nuclear weapons life extension program from exception to 

requirement to request funds in budget of the President. 


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Sec. 3116. Long-term plan for the modernization and refurbishment of the nuclear 

security complex. 

Sec. 3117. Repeal of prohibition on funding activities associated with international 

cooperative stockpile stewardship. 

Sec. 3118. Modification of minor construction threshold for plant projects. 

Sec. 3119. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel. 

Sec. 3120. National Nuclear Security Administration authority for urgent nonproliferation activities. 

Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs 

of Department of Energy and National Nuclear Security Administration. 

Subtitle C—Reports 

Sec. 3131. National Academy of Sciences review of national security laboratories. 

Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate foreign nuclear weapons activities. 

Sec. 3133. Comptroller General study of stockpile stewardship program. 

Sec. 3134. Comptroller General of the United States review of projects carried out 

by the Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009. 

Subtitle D—Other Matters 

Sec. 3141. Ten-year plan for use and funding of certain Department of Energy facilities. 

Sec. 3142. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program. 

Sec. 3143. Identification in budget materials of amounts for certain Department of 

Energy pension obligations. 

Sec. 3144. Sense of Congress on production of molybdenum–99. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2010. 

Sec. 3502. Unused leave balances. 

Sec. 3503. Temporary program authorizing contracts with adjunct professors at the 

United States Merchant Marine Academy. 

Sec. 3504. Maritime loan guarantee program. 

Sec. 3505. Defense measures against unauthorized seizures of Maritime Security 

Fleet vessels. 

Sec. 3506. Report on restrictions on United States-flagged commercial vessel security. 

Sec. 3507. Technical corrections to State maritime academies student incentive program. 

Sec. 3508. Cooperative agreements, administrative expenses, and contracting authority. 

Sec. 3509. Use of funding for DOT maritime heritage property. 

Sec. 3510. Use of midshipman fees. 

Sec. 3511. Construction of vessels in the United States policy. 

Sec. 3512. Port infrastructure development program. 

Sec. 3513. Reefs for marine life conservation program. 

Sec. 3514. United States Merchant Marine Academy graduate program receipt, disbursement, and accounting for nonappropriated funds. 

Sec. 3515. America’s short sea transportation grants for the development of marine 

highways. 

Sec. 3516. Expansion of the Marine View system. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Sec. 4201. Research, development, test, and evaluation. 


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Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

Sec. 4302. Operation and maintenance for overseas contingency operations. 

TITLE XLIV—OTHER AUTHORIZATIONS 

Sec. 4401. Other authorizations. 

Sec. 4402. Other authorizations for overseas contingency operations. 

TITLE XLV—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 4501. Military construction. 

Sec. 4502. 2005 base realignment and closure round FY 2010 project listing. 

Sec. 4503. Military construction for overseas contingency operations. 

TITLE XLVI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

Sec. 4601. Department of Energy national security programs. 

DIVISION E—MATTHEW SHEPARD AND JAMES BYRD, JR. HATE CRIMES 

PREVENTION ACT 

Sec. 4701. Short title. 

Sec. 4702. Findings. 

Sec. 4703. Definitions. 

Sec. 4704. Support for criminal investigations and prosecutions by State, local, and 

tribal law enforcement officials. 

Sec. 4705. Grant program. 

Sec. 4706. Authorization for additional personnel to assist State, local, and tribal 

law enforcement. 

Sec. 4707. Prohibition of certain hate crime acts. 

Sec. 4708. Statistics. 

Sec. 4709. Severability. 

Sec. 4710. Rule of construction. 

Sec. 4711. Guidelines for hate-crimes offenses. 

Sec. 4712. Attacks on United States servicemen. 

Sec. 4713. Report on mandatory minimum sentencing provisions. 

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

For purposes of this Act, the term ‘‘congressional defense 

committees’’ has the meaning given that term in section 101(a)(16) 

of title 10, United States Code. 

DIVISION A—DEPARTMENT OF 

DEFENSE AUTHORIZATIONS 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army. 

Sec. 102. Navy and Marine Corps. 

Sec. 103. Air Force. 

Sec. 104. Defense-wide activities. 

Sec. 105. National Guard and Reserve equipment. 

Sec. 106. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 107. Relation to funding table. 

Subtitle B—Army Programs 

Sec. 111. Procurement of Future Combat Systems spin out early-infantry brigade 

combat team equipment. 

Subtitle C—Navy Programs 

Sec. 121. Littoral Combat Ship program. 

Sec. 122. Treatment of Littoral Combat Ship program as a major defense acquisition program. 

10 USC 101 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2209 

Sec. 123. Report on strategic plan for homeporting the Littoral Combat Ship. 

Sec. 124. Advance procurement funding. 

Sec. 125. Procurement programs for future naval surface combatants. 

Sec. 126. Ford-class aircraft carrier report. 

Sec. 127. Report on a service life extension program for Oliver Hazard Perry class 

frigates. 

Sec. 128. Conditional multiyear procurement authority for F/A–18E, F/A–18F, or 

EA–18G aircraft. 

Subtitle D—Air Force Programs 

Sec. 131. Report on the procurement of 4.5 generation fighter aircraft. 

Sec. 132. Revised availability of certain funds available for the F–22A fighter aircraft. 

Sec. 133. Preservation and storage of unique tooling for F–22 fighter aircraft. 

Sec. 134. AC–130 gunships. 

Sec. 135. Report on E–8C Joint Surveillance and Target Attack Radar System reengining. 

Sec. 136. Repeal of requirement to maintain certain retired C–130E aircraft. 

Sec. 137. Limitation on retirement of C–5 aircraft. 

Sec. 138. Reports on strategic airlift aircraft. 

Sec. 139. Strategic airlift force structure. 

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Body armor procurement. 

Sec. 142. Unmanned cargo-carrying-capable aerial vehicles. 

Sec. 143. Modification of nature of data link for use by tactical unmanned aerial 

vehicles. 

Subtitle A—Authorization of 

Appropriations 

SEC. 101. ARMY. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for procurement for the Army as follows: 

(1) For aircraft, $5,110,352,000. 

(2) For missiles, $1,368,109,000. 

(3) For weapons and tracked combat vehicles, 

$2,439,052,000. 

(4) For ammunition, $2,058,895,000. 

(5) For other procurement, $9,450,863,000. 

SEC. 102. NAVY AND MARINE CORPS. 

(a) NAVY.—Funds are hereby authorized to be appropriated 

for fiscal year 2010 for procurement for the Navy as follows: 

(1) For aircraft, $18,842,112,000. 

(2) For weapons, including missiles and torpedoes, 

$3,446,019,000. 

(3) For shipbuilding and conversion, $13,776,867,000. 

(4) For other procurement, $5,610,581,000. 

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2010 for procurement for the Marine Corps 

in the amount of $1,603,738,000. 

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby 

authorized to be appropriated for fiscal year 2010 for procurement 

of ammunition for the Navy and the Marine Corps in the amount 

of $814,015,000. 

SEC. 103. AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for procurement for the Air Force as follows: 

(1) For aircraft, $11,224,371,000. 


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123 STAT. 2210 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) For ammunition, $822,462,000. 

(3) For missiles, $6,037,459,000. 

(4) For other procurement, $17,133,668,000. 

SEC. 104. DEFENSE-WIDE ACTIVITIES. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for Defense-wide procurement in the amount of 

$4,090,816,000. 

SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the procurement of aircraft, missiles, wheeled and tracked 

combat vehicles, tactical wheeled vehicles, ammunition, other 

weapons, and other procurement for the reserve components of 

the Armed Forces in the amount of $600,000,000. 

SEC. 106. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the Mine Resistant Ambush Protected Vehicle Fund in 

the amount of $600,000,000. 

SEC. 107. RELATION TO FUNDING TABLE. 

The amounts authorized to be appropriated by sections 101, 

102, 103, 104, 105, and 106 shall be available, in accordance with 

the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 

4101. 

Subtitle B—Army Programs 

SEC. 111. PROCUREMENT OF FUTURE COMBAT SYSTEMS SPIN OUT 

EARLY-INFANTRY BRIGADE COMBAT TEAM EQUIPMENT. 

(a) LIMITATION ON LOW-RATE INITIAL PRODUCTION QUAN- TITIES.—Notwithstanding section 2400 of title 10, United States 

Code, and except as provided in subsection (b), the Secretary of 

Defense may not procure more than one Future Combat Systems 

spin out early-infantry brigade combat team equipment set (in 

this section referred to as a ‘‘brigade set’’) for low-rate initial production. 

(b) WAIVER.—The Under Secretary of Defense for Acquisition, 

Technology, and Logistics may waive the limitation in subsection 

(a) if— 

(1) the Under Secretary submits to Congress written certification that— 

(A) the Future Combat Systems spin out early-infantry 

brigade combat team program (in this section referred to 

as the ‘‘program’’) requires low-rate initial production in 

excess of 10 percent of the total number of articles to 

be produced; 

(B) the Director of Defense Research and Engineering 

has completed a technology readiness assessment of the 

program; 

(C) the Director of Cost Assessment and Program 

Evaluation has completed an independent cost estimate 

of the program; 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2211 

(D) the Under Secretary has approved an acquisition 

strategy and acquisition program baseline for the program; 

and 

(E) all of the systems constituting the brigade set have 

been tested in their intended production configuration; and 

(2) a period of 30 days has elapsed after the date on 

which the certification under paragraph (1) is received. 

(c) EXCEPTION FOR MEETING OPERATIONAL NEED STATEMENT

REQUIREMENTS.—The limitation on low-rate initial production in 

subsection (a) does not apply to the procurement of individual 

components of a brigade set if the procurement of such components 

is specifically intended to address an operational need statement 

requirement (as described in Army Regulation 71–9 or a successor 

regulation). 

Subtitle C—Navy Programs 

SEC. 121. LITTORAL COMBAT SHIP PROGRAM. 

(a) CONTRACT AUTHORITY.— 

(1) IN GENERAL.—The Secretary of the Navy may procure 

up to ten Littoral Combat Ships and 15 Littoral Combat Ship 

ship control and weapon systems by entering into a contract 

using competitive procedures. Such procurement may also 

include— 

(A) materiel and equipment in economic order quantities when cost savings are achievable; and 

(B) cost reduction initiatives. 

(2) LIABILITY.—A contract entered into under paragraph 

(1) shall provide that any obligation of the United States to 

make a payment under the contract is subject to the availability 

of appropriations for that purpose, and that total liability to 

the Government for termination of any contract entered into 

shall be limited to the total amount of funding obligated at 

time of termination. 

(b) TECHNICAL DATA PACKAGE.— 

(1) REQUIREMENT.—As part of the solicitation for proposals 

for a procurement authorized by subsection (a), the Secretary 

shall require that an offeror submit a proposal that provides 

for conveying a complete technical data package as part of 

a proposal for a Littoral Combat Ship. 

(2) RIGHTS OF THE UNITED STATES.—The Secretary shall 

ensure that the Government’s rights in technical data for a 

Littoral Combat Ship are sufficient to permit the Government 

to— 

(A) conduct a competition for a second shipyard, as 

soon as practicable; and 

(B) transition the Littoral Combat Ship combat systems 

to Government-furnished equipment to achieve open 

architecture and foster competition to modernize future 

systems. 

(c) LIMITATION OF COSTS.— 

(1) LIMITATION.—Except as provided in subsection (d), and 

excluding amounts described in paragraph (2), beginning in 

fiscal year 2011, the total amount obligated or expended for 


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123 STAT. 2212 PUBLIC LAW 111–84—OCT. 28, 2009 

the procurement of a Littoral Combat Ship awarded to a contractor selected as part of a procurement authorized by subsection (a) may not exceed $480,000,000 per vessel. 

(2) EXCLUSION.—The amounts described in this paragraph 

are amounts associated with the following: 

(A) Elements designated by the Secretary of the Navy 

as a mission package. 

(B) Plans. 

(C) Technical data packages. 

(D) Class design services. 

(E) Post-delivery, outfitting, and program support 

costs. 

(d) WAIVER AND ADJUSTMENT OF LIMITATION AMOUNT.— (1) WAIVER.—The Secretary of the Navy may waive the 

limitation in subsection (c)(1) with respect to a vessel if— 

(A) the Secretary provides supporting data and certifies 

in writing to the congressional defense committees that— 

(i) the total amount obligated or expended for 

procurement of the vessel– 

(I) is in the best interest of the United States; 

and 

(II) is affordable, within the context of the 

annual naval vessel construction plan required by 

section 231 of title 10, United States Code; and 

(ii) the total amount obligated or expended for 

procurement of at least one other vessel authorized 

by subsection (a) has been or is expected to be less 

than $480,000,000; and 

(B) a period of not less than 30 days has expired 

following the date on which such certification and data 

are submitted to the congressional defense committees. 

(2) ADJUSTMENT.—The Secretary of the Navy may adjust 

the amount set forth in subsection (c)(1) for Littoral Combat 

Ship vessels referred to in that subsection by the following: 

(A) The amounts of increases or decreases in costs 

attributable to economic inflation after September 30, 2009. 

(B) The amounts of increases or decreases in costs 

attributable to compliance with changes in Federal, State, 

or local laws enacted after September 30, 2009. 

(C) The amounts of increases or decreases in costs 

of the vessel that are attributable to insertion of new 

technology into that vessel, as compared to the technology 

built into the first or second vessels of the Littoral Combat 

Ship class of vessels, if the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology— 

(i) is expected to decrease the life-cycle cost of 

the vessel; or 

(ii) is required to meet an emerging threat that 

poses grave harm to national security. 

(D) The amounts of increases or decreases in costs 

required to correct deficiencies that may affect the safety 

of the vessel and personnel or otherwise preclude the vessel 

from safe operations and crew certifications. 

(e) ANNUAL REPORTS.—At the same time that the budget is 

submitted under section 1105(a) of title 31, United States Code, 

for each fiscal year, the Secretary of the Navy shall submit to 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2213 

the congressional defense committees a report on Littoral Combat 

Ship vessels. Each such report shall include the following: 

(1) The current (as of the date of the report) and projected 

total basic construction costs, Government-furnished equipment 

costs, and other program costs associated with each of the 

Littoral Combat Ships under construction. 

(2) Written notice of any adjustment in the amount set 

forth in subsection (c)(1) made during the preceding fiscal year 

that the Secretary adjusted under the authority provided in 

subsection (d)(2). 

(3) A summary of investment made by the Government 

for cost-reduction initiatives and the projected savings or cost 

avoidance based on those investments. 

(4) A summary of investment made by the construction 

yard to improve efficiency and optimization of construction 

along with the projected savings or cost avoidance based on 

those investments. 

(5) Information, current as of the date of the report, 

regarding— 

(A) the content of any element of the Littoral Combat 

Ship class of vessels that is designated as a mission package; 

(B) the estimated cost of any such element; and 

(C) the total number of such elements anticipated. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘mission package’’ means the interchangeable 

systems that deploy with a Littoral Combat Ship vessel. 

(2) The term ‘‘technical data package’’ means a compilation 

of detailed engineering plans and specifications for construction 

of the vessels. 

(3) The term ‘‘total amount obligated or expended for 

procurement’’, with respect to a Littoral Combat Ship, means 

the sum of the costs of basic construction and Governmentfurnished equipment for the ship. 

(g) CONFORMING REPEAL.—Section 124 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3157), as amended by section 125 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 29) and section 122 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4376), is repealed. 

SEC. 122. TREATMENT OF LITTORAL COMBAT SHIP PROGRAM AS A 

MAJOR DEFENSE ACQUISITION PROGRAM. 

Effective as of the date of the enactment of this Act, the 

program for the Littoral Combat Ship shall be treated as a major 

defense acquisition program for purposes of chapter 144 of title 

10, United States Code. 

SEC. 123. REPORT ON STRATEGIC PLAN FOR HOMEPORTING THE LITTORAL COMBAT SHIP. 

(a) REPORT REQUIRED.—At the same time that the budget is 

submitted under section 1105(a) of title 31, United States Code, 

for fiscal year 2011, the Secretary of the Navy shall submit to 

the congressional defense committees a report setting forth the 

strategic plan of the Navy for homeporting the Littoral Combat 

Ship on the east coast and west coast of the United States. 

Effective date. 


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123 STAT. 2214 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An analysis of how the homeporting plan would support 

the requirements of the commanders of the combatant commands, by geographic area of responsibility, for the capabilities 

delivered by Littoral Combat Ships, including the notional 

transit times to the various geographic areas of responsibility. 

(2) An assessment of the effect that each type of Littoral 

Combat Ship would have on each port in which such ship 

could be homeported, including an identification of the infrastructure required to support each such ship with respect to— 

(A) the availability of pier space with supporting ship 

services infrastructure, taking into account the largest fleet 

size envisioned by the long–term plan for the construction 

of naval vessels submitted for fiscal year 2011; 

(B) the logistical and maintenance support services 

required in any port chosen for the Littoral Combat Ships; 

and 

(C) any investment in naval station infrastructure 

required for homeporting Littoral Combat Ships (including 

a plan for such investment). 

(3) With respect to the projected force structure size of 

the Navy in fiscal year 2020, a graphical depiction of the 

total planned ships berthing in the pier areas of any naval 

facility chosen to homeport Littoral Combat Ships, including 

the identification of the ships berthing plan for the maximum 

number of ships expected in-port at any one time. 

SEC. 124. ADVANCE PROCUREMENT FUNDING. 

(a) ADVANCE PROCUREMENT.—With respect to a naval vessel 

for which amounts are authorized to be appropriated or otherwise 

made available for fiscal year 2010 or any fiscal year thereafter 

for advance procurement in shipbuilding and conversion, Navy, 

the Secretary of the Navy may enter into a contract, in advance 

of a contract for construction of any vessel, for any of the following: 

(1) Components, parts, or materiel. 

(2) Production planning and other related support services 

that reduce the overall procurement lead time of such vessel. 

(b) AIRCRAFT CARRIER DESIGNATED CVN–79.—With respect to 

components of the aircraft carrier designated CVN–79 for which 

amounts are authorized to be appropriated or otherwise made available for fiscal year 2010 or any fiscal year thereafter for advance 

procurement in shipbuilding and conversion, Navy, the Secretary 

of the Navy may enter into a contract for the advance construction 

of such components if the Secretary determines that cost savings, 

construction efficiencies, or workforce stability may be achieved 

for such aircraft carrier through the use of such contract. 

(c) CONDITION OF OUT-YEAR CONTRACT PAYMENTS.—A contract 

entered into under subsection (b) shall provide that any obligation 

of the United States to make a payment under such contract for 

any fiscal year after fiscal year 2010 is subject to the availability 

of appropriations for that purpose for such fiscal year. 

SEC. 125. PROCUREMENT PROGRAMS FOR FUTURE NAVAL SURFACE 

COMBATANTS. 

(a) LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORTS

ABOUT SURFACE COMBATANT SHIPBUILDING PROGRAMS.—The Secretary of the Navy may not obligate or expend funds for the 

Deadlines. 

10 USC 7291 

note. 

10 USC 7291 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2215 

construction of, or advanced procurement of materials for, a surface 

combatant to be constructed after fiscal year 2011 until the Secretary has submitted to Congress each of the following: 

(1) An acquisition strategy for such surface combatants 

that has been approved by the Under Secretary of Defense 

for Acquisition, Technology, and Logistics. 

(2) Certification that the Joint Requirements Oversight 

Council— 

(A) has been briefed on the acquisition strategy to 

procure such surface combatants; and 

(B) has concurred that such strategy is the best preferred approach to deliver required capabilities to address 

future threats, as reflected in the latest assessment by 

the defense intelligence community. 

(3) A verification by, and conclusions of, an independent 

review panel that, in evaluating the program or programs concerned, the Secretary of the Navy considered each of the following: 

(A) Modeling and simulation, including war gaming 

conclusions regarding combat effectiveness for the selected 

ship platforms as compared to other reasonable alternative 

approaches. 

(B) Assessments of platform operational availability. 

(C) Life cycle costs, including vessel manning levels, 

to accomplish missions. 

(D) The differences in cost and schedule arising from 

the need to accommodate new sensors and weapons in 

surface combatants to be constructed after fiscal year 2011 

to counter the future threats referred to in paragraph 

(2), when compared with the cost and schedule arising 

from the need to accommodate sensors and weapons on 

surface combatants as contemplated by the 2009 shipbuilding plan for the vessels concerned. 

(4) The conclusions of a joint review by the Secretary 

of the Navy and the Director of the Missile Defense Agency 

setting forth additional requirements for investment in Aegis 

ballistic missile defense beyond the number of DDG–51 and 

CG–47 vessels planned to be equipped for this mission area 

in the budget of the President for fiscal year 2010 (as submitted 

to Congress pursuant to section 1105 of title 31, United States 

Code). 

(b) FUTURE SURFACE COMBATANT ACQUISITION STRATEGY.—Not 

later than the date upon which the President submits to Congress 

the budget for fiscal year 2012 (as so submitted), the Secretary 

of the Navy shall submit to the congressional defense committees 

an update to the open architecture report to Congress that reflects 

the Navy’s combat systems acquisition plans for the surface combatants to be procured in fiscal year 2012 and fiscal years thereafter. 

(c) NAVAL SURFACE FIRE SUPPORT.—Not later than 120 days 

after the enactment of this Act, the Secretary of the Navy shall 

submit to the congressional defense committees an update to the 

March 2006 Report to Congress on Naval Surface Fire Support. 

The update shall identify how the Department of Defense intends 

to address any shortfalls between required naval surface fire support capability and the plan of the Navy to provide that capability. 

The update shall include addenda by the Chief of Naval Operations 

Reports. 

Reports. 


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123 STAT. 2216 PUBLIC LAW 111–84—OCT. 28, 2009 

and Commandant of the Marine Corps, as was the case in the 

2006 report. 

(d) TECHNOLOGY ROADMAP FOR FUTURE SURFACE COMBATANTS

AND FLEET MODERNIZATION.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of the Navy shall 

develop a plan to incorporate into surface combatants constructed after 2011, and into fleet modernization programs, 

the technologies developed for the DDG–1000 destroyer and 

the DDG–51 and CG–47 Aegis ships, including technologies 

and systems designed to achieve significant manpower savings. 

(2) SCOPE OF PLAN.—The plan required by paragraph (1) 

shall include sufficient detail for systems and subsystems to 

ensure that the plan— 

(A) avoids redundant development for common functions; 

(B) reflects implementation of Navy plans for achieving 

an open architecture for all naval surface combat systems; 

and 

(C) fosters competition. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘2009 shipbuilding plan’’ means the 30-year 

shipbuilding plan submitted to Congress pursuant to section 

231, title 10, United States Code, together with the budget 

of the President for fiscal year 2009 (as submitted to Congress 

pursuant to section 1105 of title 31, United States Code). 

(2) The term ‘‘surface combatant’’ means a cruiser, a 

destroyer, or any naval vessel, excluding Littoral Combat Ships, 

under a program currently designated as a future surface 

combatant program. 

SEC. 126. FORD-CLASS AIRCRAFT CARRIER REPORT. 

Not later than February 1, 2010, the Secretary of the Navy 

shall submit to the congressional defense committees a report on 

the effects of using a five-year interval for the construction of 

Ford-class aircraft carriers. The report shall include, at a minimum, 

an assessment of the effects of such five-year interval on the following: 

(1) With respect to the supplier base— 

(A) the viability of the base, including suppliers exiting 

the market or other potential reductions in competition; 

and 

(B) cost increases to the Ford-class aircraft carrier 

program. 

(2) Training of individuals in trades related to ship 

construction. 

(3) Loss of expertise associated with ship construction. 

(4) The costs of— 

(A) any additional technical support or production planning associated with the start of construction; 

(B) material and labor; 

(C) overhead; and 

(D) other ship construction programs, including the 

costs of existing and future contracts. 

Plan. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2217 

SEC. 127. REPORT ON A SERVICE LIFE EXTENSION PROGRAM FOR 

OLIVER HAZARD PERRY CLASS FRIGATES. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of the Navy shall submit to the congressional 

defense committees a report setting forth the following: 

(1) A detailed analysis of a service life extension program 

for the Oliver Hazard Perry class frigates, including— 

(A) the cost of the program; 

(B) a notional schedule for the program; and 

(C) the shipyards available to carry out the work under 

the program. 

(2) The strategic plan of the Navy for— 

(A) the manner in which the Littoral Combat Ship 

will fulfill the roles and missions currently performed by 

the Oliver Hazard Perry class frigates as such frigates 

are decommissioned; and 

(B) the year-by-year planned commissioning of Littoral 

Combat Ships and planned decommissioning of Oliver 

Hazard Perry class frigates through the projected service 

life of the Oliver Hazard Perry class frigates. 

(3) An analysis of the necessary procurement rates of Littoral Combat Ships if the extension of the service life of the 

Oliver Hazard Perry class frigates alleviates capability gaps 

caused by a delay in the procurement rates of Littoral Combat 

Ships. 

(4) A description of the manner in which the Navy has 

met the requirements of the United States Southern Command 

over time, including the assets and vessels the Navy has 

deployed for military-to-military engagements, UNITAS exercises, and counterdrug operations in support of the Commander 

of the United States Southern Command during the five-year 

period ending on the date of the report. 

SEC. 128. CONDITIONAL MULTIYEAR PROCUREMENT AUTHORITY FOR 

F/A–18E, F/A–18F, OR EA–18G AIRCRAFT. 

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

(1) IN GENERAL.—Subject to section 2306b of title 10, United 

States Code, the Secretary of the Navy may enter into a 

multiyear contract for the procurement of F/A–18E, F/A–18F, 

or EA–18G aircraft. 

(2) SUBMISSION OF WRITTEN CERTIFICATION BY SECRETARY

OF DEFENSE.—For purposes of paragraph (1), the term ‘‘March 

1 of the year in which the Secretary requests legislative 

authority to enter into such contract’’ in section 2306b(i)(1) 

of such title shall be deemed to be a reference to March 1, 

2010. 

(b) CONTRACT REQUIREMENT.—A multiyear contract entered 

into under subsection (a) shall provide that any obligation of the 

United States to make a payment under the contract is subject 

to the availability of appropriations for that purpose. 

(c) REPORT OF FINDINGS.—In addition to any reports or certifications required by section 2306b of title 10, United States Code, 

not later than March 1, 2010, the Secretary of Defense shall submit 

to the congressional defense committees a report on how the 

findings and conclusions of the quadrennial defense review under 

section 118 of such title and the 30-year aviation plan under section 

231a of such title have informed the acquisition strategy of the 


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123 STAT. 2218 PUBLIC LAW 111–84—OCT. 28, 2009 

Secretary with regard to the F/A–18E, F/A–18F, and EA–18G aircraft programs of record. 

(d) SUNSET.— 

(1) TERMINATION DATE.—Except as provided in paragraph 

(2), the authority to enter into a multiyear contract under 

subsection (a) shall terminate on May 1, 2010. 

(2) EXTENSION.—The Secretary of the Navy may enter into 

a multiyear contract under subsection (a) until September 30, 

2010, if the Secretary notifies the congressional defense committees in writing— 

(A) that the administrative processes or other contracting activities necessary for executing this authority 

cannot be completed before May 1, 2010; and 

(B) of the date, on or before September 30, 2010, on 

which the Secretary plans to enter into such multiyear 

contract. 

Subtitle D—Air Force Programs 

SEC. 131. REPORT ON THE PROCUREMENT OF 4.5 GENERATION 

FIGHTER AIRCRAFT. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the procurement 

of 4.5 generation fighter aircraft. The report shall include the following: 

(1) The number of 4.5 generation fighter aircraft needed 

to be procured during fiscal years 2011 through 2025 to fulfill 

the requirement of the Air Force to maintain not less than 

2,200 tactical fighter aircraft. 

(2) The estimated procurement costs for those aircraft if 

procured through annual procurement contracts. 

(3) The estimated procurement costs for those aircraft if 

procured through multiyear procurement contracts. 

(4) The estimated savings that could be derived from the 

procurement of those aircraft through a multiyear procurement 

contract, and whether the Secretary determines the amount 

of those savings to be substantial. 

(5) A discussion comparing the costs and benefits of 

obtaining those aircraft through annual procurement contracts 

with the costs and benefits of obtaining those aircraft through 

a multiyear procurement contract. 

(6) A discussion regarding the availability and feasibility 

of procuring F–35 aircraft to proportionally and concurrently 

recapitalize the Air National Guard during fiscal years 2015 

through fiscal year 2025. 

(b) 4.5 GENERATION FIGHTER AIRCRAFT DEFINED.—In this section, the term ‘‘4.5 generation fighter aircraft’’ means current fighter 

aircraft, including the F–15, F–16, and F–18, that— 

(1) have advanced capabilities, including— 

(A) AESA radar; 

(B) high capacity data-link; and 

(C) enhanced avionics; and 

(2) have the ability to deploy current and reasonably 

foreseeable advanced armaments. 

Notification. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2219 

SEC. 132. REVISED AVAILABILITY OF CERTAIN FUNDS AVAILABLE FOR 

THE F–22A FIGHTER AIRCRAFT. 

(a) REPEAL OF AUTHORITY ON AVAILABILITY OF FISCAL YEAR

2009 FUNDS.—Section 134 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4378) is repealed. 

(b) AVAILABILITY OF ADVANCE PROCUREMENT FUNDS FOR OTHER

F–22A AIRCRAFT MODERNIZATION PRIORITIES.—Subject to the provisions of appropriations Acts and applicable requirements relating 

to the transfer of funds, the Secretary of the Air Force may transfer 

amounts authorized to be appropriated for fiscal year 2009 by 

section 103(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4373) 

for aircraft procurement for the Air Force and available for advance 

procurement for the F–22A fighter aircraft within that subaccount 

or to other subaccounts for aircraft procurement for the Air Force 

for purposes of providing funds for other modernization priorities 

with respect to the F–22A fighter aircraft. 

SEC. 133. PRESERVATION AND STORAGE OF UNIQUE TOOLING FOR 

F–22 FIGHTER AIRCRAFT. 

(a) PLAN.—The Secretary of the Air Force shall develop a plan 

for the preservation and storage of unique tooling related to the 

production of hardware and end items for F–22 fighter aircraft. 

The plan shall— 

(1) ensure that the Secretary preserves and stores required 

tooling in a manner that— 

(A) allows the production of such hardware and end 

items to be restarted after a period of idleness; and 

(B) provides for the long-term sustainment and repair 

of such hardware and end items; 

(2) with respect to the supplier base of such hardware 

and end items, identify the costs of restarting production; and 

(3) identify any contract modifications, additional facilities, 

or funding that the Secretary determines necessary to carry 

out the plan. 

(b) RESTRICTION ON THE USE OF FUNDS.—None of the amounts 

authorized to be appropriated by this Act or otherwise made available for fiscal year 2010 for aircraft procurement, Air Force, for 

F–22 fighter aircraft may be obligated or expended for activities 

related to disposing of F–22 production tooling until a period of 

45 days has elapsed after the date on which the Secretary submits 

to Congress a report describing the plan required by subsection 

(a). 

SEC. 134. AC–130 GUNSHIPS. 

(a) REPORT ON REDUCTION IN SERVICE LIFE IN CONNECTION

WITH ACCELERATED DEPLOYMENT.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary of the Air 

Force, in consultation with the Commander of the United States 

Special Operations Command, shall submit to the congressional 

defense committees an assessment of the reduction in the service 

life of AC–130 gunships of the Air Force as a result of the accelerated deployments of such gunships that are anticipated during 

the seven- to ten-year period beginning with the date of the enactment of this Act, assuming that operating tempo continues at 

Deadline. 

Reports. 


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123 STAT. 2220 PUBLIC LAW 111–84—OCT. 28, 2009 

a rate per year that is similar to the average rate per year of 

the five years preceding the date of the report. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An estimate by series of the maintenance costs for 

the AC–130 gunships during the period described in subsection 

(a), including any major airframe and engine overhauls of such 

aircraft anticipated during that period. 

(2) A description by series of the age, serviceability, and 

capabilities of the armament systems of the AC–130 gunships. 

(3) An estimate by series of the costs of modernizing the 

armament systems of the AC–130 gunships to achieve any 

necessary capability improvements. 

(4) A description by series of the age and capabilities of 

the electronic warfare systems of the AC–130 gunships, and 

an estimate of the cost of upgrading such systems during that 

period to achieve any necessary capability improvements. 

(5) A description by series of the age of the avionics systems 

of the AC–130 gunships and an estimate of the cost of 

upgrading such systems during that period to achieve any 

necessary capability improvements. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(d) ANALYSIS OF ALTERNATIVES.—The Secretary of the Air 

Force, in consultation with the Commander of the United States 

Special Operations Command, shall conduct an analysis of alternatives for any gunship modernization requirements identified by 

the 2009 quadrennial defense review under section 118 of title 

10, United States Code. The results of the analysis of alternatives 

shall be provided to the congressional defense committees not later 

than 18 months after the completion of the 2009 quadrennial 

defense review. 

SEC. 135. REPORT ON E–8C JOINT SURVEILLANCE AND TARGET 

ATTACK RADAR SYSTEM RE-ENGINING. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of the Air Force shall 

submit to the congressional defense committees a report on 

replacing the engines of E-8C Joint Surveillance and Target Attack 

Radar System aircraft (in this section referred to as ‘‘Joint STARS 

aircraft’’). The report shall include the following: 

(1) An assessment of funding alternatives and options for 

accelerating funding for the fielding of Joint STARS aircraft 

with replaced engines. 

(2) An analysis of the tradeoffs involved in the decision 

to replace the engines of Joint STARS aircraft or not to replace 

those engines, including the potential cost savings from 

replacing those engines and the operational impacts of not 

replacing those engines. 

(3) An identification of the optimum path forward for 

replacing the engines of Joint STARS aircraft and modernizing 

the Joint STARS fleet. 

(b) LIMITATION ON CERTAIN ACTIONS.—The Secretary of the 

Air Force may not take any action that would adversely impact 

the pace of the execution of the program to replace the engines 

of Joint STARS aircraft before submitting the report required by 

subsection (a). 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2221 

SEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN RETIRED 

C–130E AIRCRAFT. 

Section 134 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 31) is amended— 

(1) by striking subsection (c); 

(2) by redesignating subsection (d) as subsection (c); and 

(3) in subsection (b), by striking ‘‘subsection (d)’’ and 

inserting ‘‘subsection (c)’’. 

SEC. 137. LIMITATION ON RETIREMENT OF C–5 AIRCRAFT. 

(a) LIMITATION.—The Secretary of the Air Force may not proceed with a decision to retire C–5A aircraft from the active inventory 

of the Air Force in any number that would reduce the total number 

of such aircraft in the active inventory below 111 until— 

(1) the Air Force has modified a C–5A aircraft to the 

configuration referred to as the Reliability Enhancement and 

Reengining Program (RERP) configuration, as planned under 

the C–5 System Development and Demonstration program as 

of May 1, 2003; and 

(2) the Director of Operational Test and Evaluation of 

the Department of Defense— 

(A) conducts an operational evaluation of that aircraft, 

as so modified; and 

(B) provides to the Secretary of Defense and the 

congressional defense committees an operational assessment. 

(b) OPERATIONAL EVALUATION.—An operational evaluation for 

purposes of paragraph (2)(A) of subsection (a) is an evaluation, 

conducted during operational testing and evaluation of the aircraft, 

as so modified, of the performance of the aircraft with respect 

to reliability, maintainability, and availability and with respect 

to critical operational issues. 

(c) OPERATIONAL ASSESSMENT.—An operational assessment for 

purposes of paragraph (2)(B) of subsection (a) is an operational 

assessment of the program to modify C–5A aircraft to the configuration referred to in subsection (a)(1) regarding both overall suitability 

and deficiencies of the program to improve performance of the 

C–5A aircraft relative to requirements and specifications for reliability, maintainability, and availability of that aircraft as in effect 

on May 1, 2003. 

(d) ADDITIONAL LIMITATIONS ON RETIREMENT OF AIRCRAFT.— 

The Secretary of the Air Force may not retire C–5 aircraft from 

the active inventory as of the date of the enactment of this Act 

until the later of the following: 

(1) The date that is 90 days after the date on which 

the Director of Operational Test and Evaluation submits the 

report referred to in subsection (a)(2)(B). 

(2) The date that is 90 days after the date on which 

the Secretary submits the report required under subsection 

(e). 

(3) The date that is 30 days after the date on which 

the Secretary certifies to the congressional defense committees 

that— 

(A) the retirement of such aircraft will not increase 

the operational risk of meeting the National Defense 

Strategy; and 

Certification. 

Deadlines. 

Assessment. 


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123 STAT. 2222 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) the retirement of such aircraft will not reduce 

the total strategic airlift force structure below 316 strategic 

airlift aircraft. 

(e) REPORT ON RETIREMENT OF AIRCRAFT.—The Secretary of 

the Air Force shall submit to the congressional defense committees 

a report setting forth the following: 

(1) The rationale for the retirement of existing C–5 aircraft 

and a cost-benefit analysis of alternative strategic airlift force 

structures, including the force structure that would result from 

the retirement of such aircraft. 

(2) An updated assessment to the assessment of the Under 

Secretary for Acquisition, Technology, and Logistics certified 

on February 14, 2008, concerning the costs and benefits of 

applying the Reliability Enhancement and Re-engining Program (RERP) modification to the entire the C–5A aircraft fleet. 

(3) An assessment of the implications for the Air Force, 

the Air National Guard, and the Air Force Reserve of operating 

a mix of C–5A aircraft and C–5M aircraft. 

(4) An assessment of the costs and benefits of increasing 

the number of C–5 aircraft in Back-up Aircraft Inventory (BAI) 

status as a hedge against future requirements of such aircraft. 

(5) An assessment of the costs, benefits, and implications 

of transferring C–5 aircraft to United States flag carriers operating in the Civil Reserve Air Fleet (CRAF) program or to 

coalition partners in lieu of the retirement of such aircraft. 

(6) Such other matters relating to the retirement of C– 

5 aircraft as the Secretary considers appropriate. 

SEC. 138. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT. 

At least 90 days before the date on which a C–5 aircraft 

is retired, the Secretary of the Air Force, in consultation with 

the Director of the Air National Guard, shall submit to the congressional defense committees a report on the proposed force structure 

and basing of strategic airlift aircraft (as defined in section 

8062(g)(2) of title 10, United States Code). Each report shall include 

the following: 

(1) A list of each aircraft in the inventory of strategic 

airlift aircraft, including for each such aircraft— 

(A) the type; 

(B) the variant; and 

(C) the military installation where such aircraft is 

based. 

(2) A list of each strategic airlift aircraft proposed for 

retirement, including for each such aircraft— 

(A) the type; 

(B) the variant; and 

(C) the military installation where such aircraft is 

based. 

(3) A list of each unit affected by a proposed retirement 

listed under paragraph (2) and how such unit is affected. 

(4) For each military installation listed under paragraph 

(2)(C), changes, if any, to the mission of the installation as 

a result of a proposed retirement. 

(5) Any anticipated reductions in manpower as a result 

of a proposed retirement listed under paragraph (2). 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2223 

SEC. 139. STRATEGIC AIRLIFT FORCE STRUCTURE. 

Subsection (g)(1) of section 8062 of title 10, United States 

Code, is amended— 

(1) by striking ‘‘2008’’ and inserting ‘‘2009’’; and 

(2) by striking ‘‘299’’ and inserting ‘‘316’’. 

Subtitle E—Joint and Multiservice Matters 

SEC. 141. BODY ARMOR PROCUREMENT. 

(a) PROCUREMENT.—The Secretary of Defense shall ensure that 

body armor is procured using funds authorized to be appropriated 

by this title. 

(b) PROCUREMENT LINE ITEM.—In the budget materials submitted to the President by the Secretary of Defense in connection 

with the submission to Congress, pursuant to section 1105 of title 

31, United States Code, of the budget for fiscal year 2011, and 

each subsequent fiscal year, the Secretary shall ensure that within 

each military department procurement account, a separate, dedicated procurement line item is designated for body armor. 

SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL VEHICLES. 

None of the amounts authorized to be appropriated for procurement may be obligated or expended for an unmanned cargo-carrying-capable aerial vehicle until a period of 15 days has elapsed 

after the date on which the Vice Chairman of the Joint Chiefs 

of Staff and the Under Secretary of Defense for Acquisition, Technology, and Logistics certify to the congressional defense committees 

that the Joint Requirements Oversight Council has approved a 

joint and common requirement for an unmanned cargo-carryingcapable aerial vehicle type. 

SEC. 143. MODIFICATION OF NATURE OF DATA LINK FOR USE BY TACTICAL UNMANNED AERIAL VEHICLES. 

Section 141(a)(1) of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3164) is 

amended by striking ‘‘, until such time as the Tactical Common 

Data Link standard is replaced by an updated standard for use 

by those vehicles’’ and inserting ‘‘or a data link that uses waveform 

capable of transmitting and receiving Internet Protocol communications’’. 

TITLE II—RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Relation to funding table. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Extension and enhancement of Global Research Watch Program. 

Sec. 212. Permanent authority for the Joint Defense Manufacturing Technology 

Panel. 

Sec. 213. Elimination of report requirements regarding Defense Science and Technology Program. 

Sec. 214. Authorization for the Secretary of the Navy to purchase infrastructure 

and Government purpose rights license associated with the Navy-Marine Corps intranet. 

Deadline. 

Certification. 

10 USC 221 note. 


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123 STAT. 2224 PUBLIC LAW 111–84—OCT. 28, 2009 

Sec. 215. Limitation on expenditure of funds for Joint Multi-Mission Submersible 

program. 

Sec. 216. Separate program elements required for research and development of individual body armor and associated components. 

Sec. 217. Separate procurement and research, development, test, and evaluation 

line items and program elements for the F-35B and F-35C joint strike 

fighter aircraft. 

Sec. 218. Restriction on obligation of funds for Army tactical ground network program pending receipt of report. 

Sec. 219. Programs for ground combat vehicle and self-propelled howitzer capabilities for the Army. 

Sec. 220. Guidance on budget justification materials describing funding requested 

for operation, sustainment, modernization, and personnel of major 

ranges and test facilities. 

Sec. 221. Assessment of technological maturity and integration risk of Army modernization programs. 

Sec. 222. Assessment of activities for technology modernization of the combat vehicle and armored tactical wheeled vehicle fleets. 

Subtitle C—Missile Defense Programs 

Sec. 231. Sense of Congress on ballistic missile defense. 

Sec. 232. Assessment and plan for the Ground-based Midcourse Defense element of 

the Ballistic Missile Defense System. 

Sec. 233. Continued production of Ground-based Interceptor missile and operation 

of Missile Field 1 at Fort Greely, Alaska. 

Sec. 234. Limitation on availability of funds for acquisition or deployment of missile 

defenses in Europe. 

Sec. 235. Authorization of funds for development and deployment of alternative 

missile defense systems in Europe. 

Sec. 236. Comprehensive plan for test and evaluation of the ballistic missile defense system. 

Sec. 237. Study on discrimination capabilities of ballistic missile defense system. 

Sec. 238. Ascent phase missile defense strategy and plan. 

Sec. 239. Extension of deadline for study on boost-phase missile defense. 

Subtitle D—Reports 

Sec. 241. Repeal of requirement for biennial joint warfighting science and technology plan. 

Sec. 242. Modification of reporting requirement for defense nanotechnology research and development program. 

Sec. 243. Comptroller General assessment of coordination of energy storage device 

requirements, purchases, and investments. 

Sec. 244. Annual Comptroller General report on the F–35 Lightning II aircraft acquisition program. 

Sec. 245. Report on integration of Department of Defense intelligence, surveillance, 

and reconnaissance capabilities. 

Sec. 246. Report on future research and development of man-portable and vehiclemounted guided missile systems. 

Sec. 247. Report on the development of command and control systems. 

Sec. 248. Evaluation of Extended Range Modular Sniper Rifle Systems. 

Subtitle E—Other Matters 

Sec. 251. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and Test 

Facility Base. 

Sec. 252. Establishment of program to enhance participation of historically black 

colleges and universities and minority-serving institutions in defense research programs. 

Sec. 253. Extension of authority to award prizes for advanced technology achievements. 

Sec. 254. Authority for National Aeronautics and Space Administration federally 

funded research and development centers to participate in merit-based 

technology research and development programs. 

Sec. 255. Next generation bomber aircraft. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2225 

Subtitle A—Authorization of 

Appropriations 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $10,638,534,000. 

(2) For the Navy, $19,607,161,000. 

(3) For the Air Force, $28,401,642,000. 

(4) For Defense-wide activities, $20,604,271,000, of which 

$190,770,000 is authorized for the Director of Operational Test 

and Evaluation. 

SEC. 202. RELATION TO FUNDING TABLE. 

The amounts authorized to be appropriated by section 201 

shall be available, in accordance with the requirements of section 

4001, for projects, programs, and activities, and in the amounts, 

specified in the funding table in section 4201. 

Subtitle B—Program Requirements, 

Restrictions, and Limitations 

SEC. 211. EXTENSION AND ENHANCEMENT OF GLOBAL RESEARCH 

WATCH PROGRAM. 

(a) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR MILI- TARY DEPARTMENTS PENDING PROVISION OF ASSISTANCE UNDER

PROGRAM.—Subsection (d) of section 2365 of title 10, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(3)(A) Funds available to a military department for a fiscal 

year for monitoring or analyzing the research activities and capabilities of foreign nations may not be obligated or expended until 

the Director certifies to the Under Secretary of Defense for Acquisition, Technology, and Logistics that the Secretary of such military 

department has provided the assistance required under paragraph 

(2). 

‘‘(B) The limitation in subparagraph (A) shall not be construed 

to alter or effect the availability to a military department of funds 

for intelligence activities.’’. 

(b) FOUR-YEAR EXTENSION OF PROGRAM.—Subsection (f) of such 

section is amended by striking ‘‘September 30, 2011’’ and inserting 

‘‘September 30, 2015’’. 

SEC. 212. PERMANENT AUTHORITY FOR THE JOINT DEFENSE MANUFACTURING TECHNOLOGY PANEL. 

Section 2521 of title 10, United States Code, is amended— 

(1) by redesignating subsection (e) as subsection (f); and 

(2) by inserting after subsection (d) the following new subsection (e): 

‘‘(e) JOINT DEFENSE MANUFACTURING TECHNOLOGY PANEL.— (1) There is in the Department of Defense the Joint Defense Manufacturing Technology Panel. 

‘‘(2)(A) The Chair of the Joint Defense Manufacturing Technology Panel shall be the head of the Panel. The Chair shall 

be appointed, on a rotating basis, from among the appropriate 

Certification. 


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123 STAT. 2226 PUBLIC LAW 111–84—OCT. 28, 2009 

personnel of the military departments and Defense Agencies with 

manufacturing technology programs. 

‘‘(B) The Panel shall be composed of at least one individual 

from among appropriate personnel of each military department 

and Defense Agency with manufacturing technology programs. The 

Panel may include as ex-officio members such individuals from 

other government organizations, academia, and industry as the 

Chair considers appropriate. 

‘‘(3) The purposes of the Panel shall be as follows: 

‘‘(A) To identify and integrate requirements for the program. 

‘‘(B) To conduct joint planning for the program. 

‘‘(C) To develop joint strategies for the program. 

‘‘(4) In carrying out the purposes specified in paragraph (3), 

the Panel shall perform the functions as follows: 

‘‘(A) Conduct comprehensive reviews and assessments of 

defense-related manufacturing issues being addressed by the 

manufacturing technology programs and related activities of 

the Department of Defense. 

‘‘(B) Execute strategic planning to identify joint planning 

opportunities for increased cooperation in the development and 

implementation of technological products and the leveraging 

of funding for such purposes with the private sector and other 

government agencies. 

‘‘(C) Ensure the integration and coordination of requirements and programs under the program with the Office of 

the Secretary of Defense and other national-level initiatives, 

including the establishment of information exchange processes 

with other government agencies, private industry, academia, 

and professional associations. 

‘‘(D) Conduct such other functions as the Under Secretary 

of Defense for Acquisition, Technology, and Logistics shall 

specify. 

‘‘(5) The Panel shall report to and receive direction from the 

Director of Defense Research and Engineering on manufacturing 

technology issues of multi-service concern and application. 

‘‘(6) The administrative expenses of the Panel shall be borne 

by each military department and Defense Agency with manufacturing technology programs in such manner as the Panel shall 

provide.’’. 

SEC. 213. ELIMINATION OF REPORT REQUIREMENTS REGARDING 

DEFENSE SCIENCE AND TECHNOLOGY PROGRAM. 

Section 212 of the National Defense Authorization Act for Fiscal 

Year 2000 (10 U.S.C. 2501 note) is repealed. 

SEC. 214. AUTHORIZATION FOR THE SECRETARY OF THE NAVY TO 

PURCHASE INFRASTRUCTURE AND GOVERNMENT PURPOSE RIGHTS LICENSE ASSOCIATED WITH THE NAVYMARINE CORPS INTRANET. 

(a) PURCHASES AUTHORIZED.—The Secretary of the Navy may 

enter into one or more contracts for the purchase of infrastructure 

and Government purpose rights for any or all technical data, computer software, and computer software documentation used or created under the Navy-Marine Corps Intranet multiyear contract, 

as in effect on the date of the enactment of this Act, if the Secretary 

determines that such a purchase would be in the best interest 

of the Department of the Navy. 

Repeal. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2227 

(b) CONTRACT REQUIREMENTS.—Under a contract entered into 

under this section, the Secretary may purchase any discrete component or item of technical data, computer software, or computer 

software documentation of the Navy-Marine Corps Intranet and 

may obligate the Government only to amounts provided in advance 

in appropriations Acts specifically for the purpose of the contract. 

This section shall not apply to any purchases using funds available 

to the Department of the Navy for any fiscal year that begins 

before October 1, 2010. 

(c) LIMITATION.—A contract entered into under this section 

may not, in any way, commit the Secretary or the Government 

to purchase any additional components or other items of technical 

data, computer software, or computer software documentation in 

subsequent years. 

(d) LIMITATION ON LIABILITY.—A contract entered into under 

this section shall limit the amount of Government liability under 

the contract to the amount of appropriations available for such 

purpose at the time the Secretary enters into the contract or on 

the date an option is exercised. 

(e) PURCHASE BEFORE END OF CONTRACT PERIOD.—Nothing 

in this section and nothing in any contract entered into under 

this section shall preclude the Secretary from purchasing the infrastructure and Government purpose rights for all technical data, 

computer software, and computer software documentation used or 

created under the Navy-Marine Corps Intranet multiyear contract, 

as in effect on the date of the enactment of this Act, prior to 

the end of the contract period, for whatever reason the Secretary 

determine is appropriate. 

SEC. 215. LIMITATION ON EXPENDITURE OF FUNDS FOR JOINT MULTIMISSION SUBMERSIBLE PROGRAM. 

None of the funds authorized to be appropriated by this or 

any other Act for fiscal year 2010 may be obligated or expended 

for the Joint Multi-Mission Submersible program to proceed beyond 

Milestone B approval (as that term is defined in section 2366(e)(7) 

of title 10, United States Code) until the Secretary of Defense, 

in consultation with the Director of National Intelligence— 

(1) completes an assessment on the feasibility of a costsharing agreement between the Department of Defense and 

the intelligence community (as that term is defined in section 

3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), 

for the Joint Multi-Mission Submersible program; 

(2) submits to the congressional defense committees and 

the intelligence committees (as that term is defined in section 

3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7)) 

the assessment referred to in paragraph (1); and 

(3) certifies to the congressional defense committees and 

the intelligence committees that any agreement developed 

pursuant to the assessment referred to in paragraph (1) represents the most effective and affordable means of delivery 

for meeting a validated program requirement. 

SEC. 216. SEPARATE PROGRAM ELEMENTS REQUIRED FOR RESEARCH 

AND DEVELOPMENT OF INDIVIDUAL BODY ARMOR AND 

ASSOCIATED COMPONENTS. 

In the budget materials submitted to the President by the 

Secretary of Defense in connection with the submission to Congress, 

pursuant to section 1105 of title 31, United States Code, of the 

10 USC 221 note. 

Certification. 

Assessment. 


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123 STAT. 2228 PUBLIC LAW 111–84—OCT. 28, 2009 

budget for fiscal year 2011, and each subsequent fiscal year, the 

Secretary shall ensure that within each research, development, 

test, and evaluation account of each military department a separate, 

dedicated program element is assigned to the research and development of individual body armor and associated components. 

SEC. 217. SEPARATE PROCUREMENT AND RESEARCH, DEVELOPMENT, 

TEST, AND EVALUATION LINE ITEMS AND PROGRAM ELEMENTS FOR THE F-35B AND F-35C JOINT STRIKE FIGHTER 

AIRCRAFT. 

In the budget materials submitted to the President by the 

Secretary of Defense in connection with the submission to Congress, 

pursuant to section 1105 of title 31, United States Code, of the 

budget for fiscal year 2011, and each subsequent fiscal year, the 

Secretary shall ensure that within the Navy research, development, 

test, and evaluation account and the Navy aircraft procurement 

account, a separate, dedicated line item and program element is 

assigned to each of the F-35B aircraft and the F-35C aircraft, 

to the extent that such accounts include funding for each such 

aircraft. 

SEC. 218. RESTRICTION ON OBLIGATION OF FUNDS FOR ARMY TACTICAL GROUND NETWORK PROGRAM PENDING RECEIPT 

OF REPORT. 

(a) LIMITATION ON OBLIGATION OF RESEARCH AND DEVELOPMENT

FUNDING.—Of the funds authorized to be appropriated by this Act 

or otherwise made available for fiscal year 2010 for research and 

development for the Army, for the program elements specified in 

subsection (c), not more than 50 percent may be obligated or 

expended until 30 days after the Under Secretary of Defense for 

Acquisition, Technology, and Logistics submits to Congress a report 

on the acquisition strategy, requirements, and cost estimates for 

the Army tactical ground network program. 

(b) ARMY TACTICAL GROUND NETWORK PROGRAM DEFINED.— 

For the purposes of subsection (a), the term ‘‘Army tactical ground 

network program’’ means the new tactical ground network major 

defense acquisition program derived from the Future Combat Systems Brigade Combat Team program network, and directed to be 

initiated by the memorandum entitled ‘‘Future Combat Systems 

Brigade Combat Team Acquisition Decision Memorandum’’, which 

was signed by the Under Secretary of Defense for Acquisition, 

Technology, and Logistics on June 23, 2009. 

(c) ARMY TACTICAL GROUND NETWORK PROGRAM ELEMENTS

SPECIFIED.—The program elements specified in this subsection are 

the following: 

(1) Future Combat Systems of Systems Engineering and 

Program Management. 

(2) Future Combat Systems Sustainment and Training 

Research and Development. 

(3) Any other program element specified by the Secretary 

of Defense to fund the Army tactical ground network program. 

SEC. 219. PROGRAMS FOR GROUND COMBAT VEHICLE AND SELF-PROPELLED HOWITZER CAPABILITIES FOR THE ARMY. 

(a) PROGRAMS REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall carry out 

a separate program to achieve each of the following: 

10 USC 221 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2229 

(A) The development, test, and fielding of an operationally effective, suitable, survivable, and affordable next 

generation ground combat vehicle for the Army. 

(B) The development, test, and fielding of an operationally effective, suitable, survivable, and affordable next 

generation self-propelled howitzer capability for the Army. 

(2) COMPLIANCE WITH CERTAIN ACQUISITION REQUIRE- MENTS.—Each program under paragraph (1) shall comply with 

the requirements of the Weapons Systems Acquisition Reform 

Act of 2009, and the amendments made by that Act. 

(b) STRATEGY AND PLAN FOR ACQUISITION.— (1) IN GENERAL.—Not later than March 31, 2010, the Secretary shall submit to the congressional defense committees 

a report setting forth a strategy and plan for the acquisition 

of weapon systems under the programs required by subsection 

(a). Each strategy and plan shall include measurable goals 

and objectives for the acquisition of such weapon systems, 

and shall identify all proposed major development, testing, 

procurement, and fielding events toward the achievement of 

such goals and objectives. 

(2) ELEMENTS.—In developing each strategy and plan under 

paragraph (1), the Secretary shall consider the following: 

(A) A single vehicle or family of vehicles utilizing a 

common chassis and automotive components. 

(B) The incorporation of weapon, vehicle, communications, network, and system of systems common operating 

environment technologies developed under the Future Combat Systems program. 

(c) ANNUAL REPORTS.— 

(1) REPORTS REQUIRED.—The Secretary shall submit to the 

congressional defense committees, at the same time the President submits to Congress the budget for each of fiscal years 

2011 through 2015 (as submitted pursuant to section 1105(a) 

of title 31, United States Code), a report on the investments 

proposed to be made under such budget with respect to each 

program required by subsection (a). 

(2) ELEMENTS.—Each report under paragraph (1) shall set 

forth, for the fiscal year covered by the budget with which 

such report is submitted— 

(A) the manner in which amounts requested in such 

budget would be available for each program required by 

subsection (a); and 

(B) an assessment of the extent to which utilizing 

such amount in such manner would improve ground combat 

capabilities for the Army. 

SEC. 220. GUIDANCE ON BUDGET JUSTIFICATION MATERIALS 

DESCRIBING FUNDING REQUESTED FOR OPERATION, 

SUSTAINMENT, MODERNIZATION, AND PERSONNEL OF 

MAJOR RANGES AND TEST FACILITIES. 

(a) GUIDANCE ON BUDGET JUSTIFICATION MATERIALS.—The Secretary of Defense, acting through the Under Secretary of Defense 

(Comptroller) and the Director of the Department of Defense Test 

Resource Management Center, shall issue guidance clarifying and 

standardizing the information required in budget justification materials describing amounts to be requested in the budget of the 

President for a fiscal year (as submitted to Congress pursuant 

10 USC 221 note. 

Deadline. 

Reports. 


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123 STAT. 2230 PUBLIC LAW 111–84—OCT. 28, 2009 

to section 1105(a) of title 31, United States Code) for funding 

for each facility and resource of the Major Range and Test Facility 

Base in connection with each of the following: 

(1) Operation. 

(2) Sustainment. 

(3) Investment and modernization. 

(4) Government personnel. 

(5) Contractor personnel. 

(b) APPLICABILITY.—The guidance issued under subsection (a) 

shall apply with respect to budgets of the President for fiscal 

years after fiscal year 2010. 

(c) MAJOR RANGE AND TEST FACILITY BASE DEFINED.—In this 

section, the term ‘‘Major Range and Test Facility Base’’ has the 

meaning given that term in section 196(h) of title 10, United States 

Code. 

SEC. 221. ASSESSMENT OF TECHNOLOGICAL MATURITY AND INTEGRATION RISK OF ARMY MODERNIZATION PROGRAMS. 

(a) ASSESSMENT REQUIRED.—The Director of Defense Research 

and Engineering shall, in consultation with the Director of Developmental Test and Evaluation, review and assess the technological 

maturity and integration risk of critical technologies (as jointly 

identified by the Director and the Secretary of the Army for purposes of this section) of Army modernization programs and appropriate associated systems and programs, including the programs 

as follows: 

(1) Ground Combat Vehicle. 

(2) Future Combat Systems network hardware and software. 

(3) Warfighter Information Network–Tactical, Increment 

3. 

(4) Appropriate portions of the Joint Tactical Radio System, 

including Ground Mobile Radios, Handheld, Manpack, Small 

Form Fit Radios, and Network Enterprise Domain. 

(5) Non-Line of Sight Launch System. 

(6) Small Unmanned Ground Vehicle. 

(7) Class I Unmanned Aerial Vehicle. 

(8) Class IV Unmanned Aerial Vehicle. 

(9) Multifunction Utility/Logistics Equipment Vehicle. 

(10) Tactical Unattended Ground Sensors. 

(11) Urban Unattended Ground Sensors. 

(12) Any other programs jointly identified by the Director 

and the Secretary for purposes of this section. 

(b) REPORT.—Not later than nine months after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the technological maturity and integration risk of critical technologies of Army 

modernization programs and associated systems and programs covered by the review and assessment required under subsection (a), 

as determined pursuant to that assessment. 

SEC. 222. ASSESSMENT OF ACTIVITIES FOR TECHNOLOGY MODERNIZATION OF THE COMBAT VEHICLE AND ARMORED TACTICAL 

WHEELED VEHICLE FLEETS. 

(a) INDEPENDENT ASSESSMENT OF STRATEGY REQUIRED.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

enter into a contract with an appropriate entity independent 

Deadline. 

Contracts. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2231 

of the United States Government to conduct an independent 

assessment of current, anticipated, and potential research, 

development, test, and evaluation activities for or applicable 

to the modernization of the combat vehicle fleet and armored 

tactical wheeled vehicle fleet of the Department of Defense. 

(2) ACCESS TO INFORMATION AND RESOURCES.—The Secretary shall provide the entity with which the Secretary enters 

into a contract under paragraph (1) with access to such information and resources as are appropriate for the entity to conduct 

the assessment required by that paragraph. 

(b) REPORTS.— (1) IN GENERAL.—The contract required by subsection (a) 

shall provide that the entity with which the Secretary enters 

into a contract under that subsection shall submit to the Secretary and the congressional defense committees— 

(A) an interim report on the assessment required by 

that subsection by not later than July 31, 2010; and 

(B) a final report on such assessment by not later 

than December 31, 2010. 

(2) ELEMENTS.—Each of the reports required by paragraph 

(1) shall include the following: 

(A) A detailed discussion of the requirements and capability needs identified or proposed for current and prospective combat vehicles and armored tactical wheeled vehicles. 

(B) An identification of capability gaps for combat 

vehicles and armored tactical wheeled vehicles based on 

lessons learned from recent conflicts and an assessment 

of emerging threats. 

(C) An identification of the critical technology elements 

or integration risks associated with particular categories 

of combat vehicles and armored tactical wheeled vehicles, 

and with particular missions of such vehicles. 

(D) Recommendations with respect to actions that could 

be taken to develop and deploy, during the ten-year period 

beginning on the date of the submittal of the report, critical 

technology capabilities to address the capability gaps 

identified pursuant to subparagraph (B), including an 

identification of high priority science and technology, 

research and engineering, and prototyping opportunities. 

(E) Such other matters as the Secretary considers 

appropriate. 

Subtitle C—Missile Defense Programs 

SEC. 231. SENSE OF CONGRESS ON BALLISTIC MISSILE DEFENSE. 

It is the sense of Congress that— 

(1) the United States should develop, test, field, and maintain operationally-effective and cost-effective ballistic missile 

defense systems that are capable of defending the United 

States, its forward-deployed forces, allies, and other friendly 

nations from the threat of ballistic missile attacks from nations 

such as North Korea and Iran; 

(2) the missile defense force structure and inventory levels 

of such missile defense systems should be determined based 

on an assessment of ballistic missile threats and a determination by senior military leaders, combatant commanders, and 


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defense officials of the requirements and capabilities needed 

to address those threats; and 

(3) the test and evaluation program for such missile defense 

systems should be operationally realistic and provide a high 

level of confidence in the capability of such systems (including 

their continuing effectiveness over the course of their service 

lives), and adequate resources should be available for that 

test and evaluation program (including interceptor missiles and 

targets for flight tests). 

SEC. 232. ASSESSMENT AND PLAN FOR THE GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF THE BALLISTIC MISSILE 

DEFENSE SYSTEM. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense should ensure the reliability, availability, 

maintainability, and supportability of the Ground-based Midcourse 

Defense element of the Ballistic Missile Defense system throughout 

the service life of such element. 

(b) ASSESSMENT REQUIRED.— 

(1) IN GENERAL.—As part of the quadrennial defense 

review, the Nuclear Posture Review, and the Ballistic Missile 

Defense Review, the Secretary of Defense shall conduct an 

assessment of the following: 

(A) Ground-based Midcourse Defense element of the 

Ballistic Missile Defense system. 

(B) Future options for the Ground-based Midcourse 

Defense element. 

(2) ELEMENTS.—The assessment required by paragraph (1) 

shall include an assessment of the following: 

(A) The ballistic missile threat against which the 

Ground-based Midcourse Defense element is intended to 

defend. 

(B) The military requirements for Ground-based Midcourse Defense capabilities against such missile threat. 

(C) The capabilities of the Ground-based Midcourse 

Defense element as of the date of the assessment. 

(D) The planned capabilities of the Ground-based Midcourse Defense element, if different from the capabilities 

under subparagraph (C). 

(E) The force structure and inventory levels necessary 

for the Ground-based Midcourse Defense element to achieve 

the planned capabilities of that element, including an analysis of the costs and the potential advantages and disadvantages of deploying 44 operational Ground-based Interceptor 

missiles. 

(F) The infrastructure necessary to achieve such 

capabilities, including the number and location of operational silos. 

(G) The number of Ground-based Interceptor missiles 

necessary for operational assets, test assets (including 

developmental and operational test assets and aging and 

surveillance test assets), and spare missiles. 

(3) REPORT.—At or about the same time the budget of 

the President for fiscal year 2011 is submitted to Congress 

pursuant to section 1105 of title 31, United States Code, the 

Secretary shall submit to the congressional defense committees 

a report setting forth the results of the assessment required 


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by paragraph (1). The report shall be in unclassified form, 

but may include a classified annex. 

(c) PLAN REQUIRED.— 

(1) IN GENERAL.—In addition to the assessment required 

by subsection (b), the Secretary shall establish a plan for the 

Ground-based Midcourse Defense element of the Ballistic Missile Defense system. The plan shall cover the period of the 

future-years defense program that is submitted to Congress 

under section 221 of title 10, United States Code, at or about 

the same time as the submittal to Congress of the budget 

of the President for fiscal year 2011. 

(2) ELEMENTS.—The plan required by paragraph (1) shall 

include the following elements: 

(A) The schedule for achieving the planned capability 

of the Ground-based Midcourse Defense element, including 

the completion of operational silos, the delivery of operational Ground-Based Interceptors, and the deployment of 

such interceptors in those silos. 

(B) The plan for funding the development, production, 

deployment, testing, improvement, and sustainment of the 

Ground-based Midcourse Defense element. 

(C) The plan to maintain the operational effectiveness 

of the Ground-based Midcourse Defense element over the 

course of its service life, including any modernization or 

capability enhancement efforts, and any sustainment 

efforts. 

(D) The plan for flight testing the Ground-based Midcourse Defense element, including aging and surveillance 

tests to demonstrate the continuing effectiveness of the 

system over the course of its service life. 

(E) The plan for production of Ground-Based Interceptor missiles necessary for operational assets, developmental and operational test assets, aging and surveillance 

test assets, and spare missiles. 

(3) REPORT.—At or about the same time the budget of 

the President for fiscal year 2011 is submitted to Congress 

pursuant to section 1105 of title 31, United States Code, the 

Secretary shall submit to the congressional defense committees 

a report setting forth the plan required by paragraph (1). The 

report shall be in unclassified form, but may include a classified 

annex. 

(d) CONSTRUCTION.—Nothing in this section shall be construed 

as altering or revising the continued production of all GroundBased Interceptor missiles on contract as of June 23, 2009. 

(e) COMPTROLLER GENERAL REVIEW.—The Comptroller General 

of the United States shall— 

(1) review the assessment required by subsection (b) and 

the plan required by subsection (c); and 

(2) not later than 120 days after receiving the assessment 

and the plan, provide to the congressional defense committees 

the results of the review. 

SEC. 233. CONTINUED PRODUCTION OF GROUND-BASED INTERCEPTOR 

MISSILE AND OPERATION OF MISSILE FIELD 1 AT FORT 

GREELY, ALASKA. 

(a) LIMITATION ON BREAK IN PRODUCTION.—The Secretary of 

Defense shall ensure that the Director of the Missile Defense Agency 

Deadline. 


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does not allow a break in production of the Ground-based Interceptor missile until the Secretary has— 

(1) completed the Ballistic Missile Defense Review; 

(2) made a determination with respect to the number of 

Ground-based Interceptor missiles that will be necessary to 

support the service life of the Ground-based Midcourse Defense 

element of the Ballistic Missile Defense System; and 

(3) submitted to the congressional defense committees a 

report containing such determination. 

(b) LIMITATION ON CERTAIN ACTIONS WITH RESPECT TO MISSILE

FIELD 1 AND MISSILE FIELD 2 AT FORT GREELY, ALASKA.— (1) LIMITATION ON DECOMMISSIONING OF MISSILE FIELD 1.— The Secretary of Defense shall ensure that Missile Field 1 

at Fort Greely, Alaska, is not completely decommissioned until 

six silos are operationally available in Missile Field 2 at Fort 

Greely. 

(2) LIMITATION WITH RESPECT TO DISPOSITION OF SILOS AT

MISSILE FIELD 2.—The Secretary of Defense shall ensure that 

no irreversible decision is made with respect to the number 

of silos at Missile Field 2 at Fort Greely, Alaska, until the 

date that is 60 days after the date on which the reports required 

by subsections (b)(3) and (c)(3) of section 232 are submitted 

to the congressional defense committees. 

SEC. 234. LIMITATION ON AVAILABILITY OF FUNDS FOR ACQUISITION 

OR DEPLOYMENT OF MISSILE DEFENSES IN EUROPE. 

No funds authorized to be appropriated by this Act or otherwise 

made available for the Department of Defense for fiscal year 2010 

or any fiscal year thereafter may be obligated or expended for 

the acquisition (other than initial long-lead procurement) or deployment of operational missiles of a long-range missile defense system 

in Europe until the Secretary of Defense, after receiving the views 

of the Director of Operational Test and Evaluation, submits to 

the congressional defense committees a report certifying that the 

proposed interceptor to be deployed as part of such missile defense 

system has demonstrated, through successful, operationally realistic 

flight testing, a high probability of working in an operationally 

effective manner and that such missile defense system has the 

ability to accomplish the mission. 

SEC. 235. AUTHORIZATION OF FUNDS FOR DEVELOPMENT AND 

DEPLOYMENT OF ALTERNATIVE MISSILE DEFENSE SYSTEMS IN EUROPE. 

(a) AUTHORIZATION OF FUNDS FOR ALTERNATIVE EUROPEAN MISSILE DEFENSE SYSTEMS.—Of the funds authorized to be appropriated or otherwise made available for fiscal years 2009 and 2010 

for the Missile Defense Agency for the purpose of developing missile 

defenses in Europe, $309,000,000 shall be available for research, 

development, test, and evaluation, procurement, or deployment of 

alternative missile defense systems or their subsystems designed 

to protect Europe, and the United States in the case of longrange missile threats, from the threats posed by current and future 

Iranian ballistic missiles of all ranges, if the Secretary of Defense 

submits to the congressional defense committees a report certifying 

that such systems are expected to be— 

(1) consistent with the direction from the North Atlantic 

Council to address ballistic missile threats to Europe and the 

Reports. 

Certification. 

10 USC 2431 

note. 

Deadline. 

Reports. 

Determination. 

Review. 


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United States in a prioritized manner that includes consideration of the imminence of the threat and the level of acceptable 

risk; 

(2) operationally-effective and cost-effective in providing 

protection for Europe, and the United States in the case of 

long-range missile threats, against current and future Iranian 

ballistic missile threats; and 

(3) interoperable, to the extent practical, with other components of missile defense and complementary to the missile 

defense strategy of the North Atlantic Treaty Organization. 

(b) CONSTRUCTION.—Except as provided in subsection (a), 

nothing in this section shall be construed as limiting or preventing 

the Secretary of Defense from pursuing the development or deployment of operationally-effective and cost-effective ballistic missile 

defense systems in Europe. 

(c) INDEPENDENT ASSESSMENT.— 

(1) IN GENERAL.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

enter into a contract with a federally funded research and 

development center to conduct an independent assessment 

evaluating the operational-effectiveness and cost-effectiveness 

of the alternative missile defense architecture announced by 

the President on September 17, 2009. 

(2) REPORT.—Not later than June 1, 2010, the Secretary 

shall submit to the congressional defense committees a report 

on the independent assessment conducted under paragraph 

(1). 

SEC. 236. COMPREHENSIVE PLAN FOR TEST AND EVALUATION OF THE 

BALLISTIC MISSILE DEFENSE SYSTEM. 

(a) PLAN REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall establish 

a comprehensive plan for the developmental and operational 

testing and evaluation of the ballistic missile defense system 

and its various elements. 

(2) PERIOD OF PLAN.—The plan shall cover the period covered by the future-years defense program that is submitted 

to Congress under section 221 of title 10, United States Code, 

at or about the same time as the submittal to Congress of 

the budget of the President for fiscal year 2011. 

(3) INPUT.—In establishing the plan, the Secretary shall 

receive input on matters covered by the plan from the following: 

(A) The Director of the Missile Defense Agency. 

(B) The Director of Operational Test and Evaluation. 

(C) The operational test components of the military 

departments. 

(b) ELEMENTS.—The plan required by subsection (a) shall 

include, with respect to developmental and operational testing of 

the ballistic missile defense system, the following: 

(1) Test and evaluation objectives. 

(2) Test and evaluation criteria and metrics. 

(3) Test and evaluation procedures and methodology. 

(4) Data requirements. 

(5) System and element configuration under test. 

(6) Approaches to verification, validation, and accreditation 

of models and simulations. 

Deadline. 

Contracts. 


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(7) The relative role of models and simulations, ground 

tests, and flight tests in achieving the objectives of the plan. 

(8) Test infrastructure and resources, including test range 

limitations and potential range enhancements. 

(9) Test readiness review approaches and methodology. 

(10) Testing for system and element integration and interoperability. 

(11) Means for achieving operational realism and means 

of demonstrating operational effectiveness, suitability, and 

survivability. 

(12) Detailed descriptions of planned tests. 

(13) A description of the resources required to implement 

the plan. 

(c) REPORT.— (1) IN GENERAL.—Not later than March 1, 2010, the Secretary shall submit to the congressional defense committees 

a report setting forth and describing the plan required by 

subsection (a) and each of the elements required in the plan 

under subsection (b). 

(2) ADDITIONAL INFORMATION ON GROUND-BASED MIDCOURSE

DEFENSE.—The report required by this subsection shall, in addition to the matters specified in paragraph (1), include a detailed 

description of the test and evaluation activities pertaining to 

the Ground-based Midcourse Defense element of the ballistic 

missile defense system as follows: 

(A) Plans for salvo testing. 

(B) Plans for multiple simultaneous engagement 

testing. 

(C) Plans for intercept testing using the Cobra Dane 

radar as the engagement sensor. 

(D) Plans to test and demonstrate the ability of the 

system to accomplish its mission over the planned term 

of its operational service life (also known as ‘‘sustainment 

testing’’). 

(3) FORM.—The report required by this subsection shall 

be submitted in unclassified form, but may include a classified 

annex. 

SEC. 237. STUDY ON DISCRIMINATION CAPABILITIES OF BALLISTIC 

MISSILE DEFENSE SYSTEM. 

(a) STUDY.—The Secretary of Defense shall enter into an 

arrangement with the JASON Defense Advisory Panel under which 

JASON shall carry out a study on the discrimination capabilities 

and limitations of the ballistic missile defense system of the United 

States, including such discrimination capabilities that exist or are 

planned as of the date of the study. 

(b) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the appropriate 

congressional committees a report containing the study. 

(c) FORM.—The report under subsection (b) may be submitted 

in classified form, but shall contain an unclassified summary. 

SEC. 238. ASCENT PHASE MISSILE DEFENSE STRATEGY AND PLAN. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report containing a strategy 

and plan for ascent phase missile defense. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2237 

(b) MATTERS INCLUDED.—The report required by subsection 

(a) shall include each of the following: 

(1) A description of the programs and activities, as of 

the date of the submission of the report, contained in the 

program of record of the Missile Defense Agency that provide 

or are planned to provide a capability to intercept ballistic 

missiles in their ascent phase. 

(2) A description of the capabilities that are needed to 

accomplish the intercept of ballistic missiles in their ascent 

phase, including— 

(A) the key technologies and associated technology 

readiness levels, plans for maturing such technologies, and 

any technology demonstrations for such capabilities; 

(B) concepts of operation for how ascent phase capabilities would be employed, including the dependence of such 

capabilities on, and integration with, other functions, 

capabilities, and information, including those provided by 

other elements of the ballistic missile defense system; 

(C) the criteria to be used to assess the technical 

progress, suitability, and effectiveness of such capabilities; 

(D) a comprehensive plan for development of and 

investment in such capabilities, including an identification 

of specific program and technology investments to be made 

in such capabilities; 

(E) a description of how, and to what extent, ascent 

phase missile defense can leverage the capabilities and 

investments made in boost phase, midcourse, and any other 

layer or elements of the ballistic missile defense system; 

(F) a description of the benefits and limitations associated with ascent phase missile defense; and 

(G) any other information the Secretary determines 

necessary. 

(c) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 239. EXTENSION OF DEADLINE FOR STUDY ON BOOST-PHASE MISSILE DEFENSE. 

Section 232(c)(1) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4392) is amended by striking ‘‘October 31, 2010’’ and inserting 

‘‘March 1, 2011’’. 

Subtitle D—Reports 

SEC. 241. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT 

WARFIGHTING SCIENCE AND TECHNOLOGY PLAN. 

Section 270 of the National Defense Authorization Act for Fiscal 

Year 1997 (10 U.S.C. 2501 note) is repealed. 

SEC. 242. MODIFICATION OF REPORTING REQUIREMENT FOR DEFENSE 

NANOTECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. 

Section 246 of the Bob Stump National Defense Authorization 

Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2358 

note) is amended by striking subsection (e) and inserting the following new subsection (e): 


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‘‘(e) REPORTS.—The Under Secretary of Defense for Acquisition, 

Technology, and Logistics shall submit to the National Science 

and Technology Council information on the program that covers 

the information described in paragraphs (1) through (5) of section 

2(d) of the 21st Century Nanotechnology Research and Development 

Act (15 U.S.C. 7501(d)) to be included in the annual report submitted by the Council under that section.’’. 

SEC. 243. COMPTROLLER GENERAL ASSESSMENT OF COORDINATION 

OF ENERGY STORAGE DEVICE REQUIREMENTS, PURCHASES, AND INVESTMENTS. 

(a) ASSESSMENT REQUIRED.—The Comptroller General shall 

conduct an assessment of the degree to which requirements, technology goals, and research and procurement investments in energy 

storage technologies are coordinated within and among the military 

departments, appropriate Defense Agencies, and other elements 

of the Department of Defense. In carrying out such assessment, 

the Comptroller General shall— 

(1) assess the expenses incurred by the Department of 

Defense in the research, development, testing, evaluation, and 

procurement of energy storage devices; 

(2) compare quantities of types of devices in use or under 

development that rely on commercial energy storage technologies and that use military-unique, proprietary, or specialty 

devices; 

(3) assess the process by which a determination is made 

by an acquisition official of the Department of Defense to pursue 

a commercially available or custom-made energy storage device; 

(4) assess the process used to develop requirements for 

the development and procurement of energy storage devices; 

(5) assess the coordination of the activities of the Department of Defense and the Department of Energy with respect 

to the research, development, procurement, and use of energy 

storage devices; 

(6) assess the coordination of Department of Defense-wide 

activities in energy storage device research, development, 

procurement, and use; 

(7) assess the process used to standardize the form, fit, 

and function of energy storage devices, and make recommendations with respect to how the Department should improve that 

process; and 

(8) assess whether there are commercial advances in portable power technology, including hybrid systems, fuel cells, 

and electrochemical capacitors, or other relevant technologies, 

that could be better leveraged by the Department. 

(b) REPORT.—Not later than December 31, 2010, the Comptroller General shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report on the findings 

and recommendations of the Comptroller General with respect to 

the assessment conducted under subsection (a). 

(c) COORDINATION.—In carrying out subsection (a), the Comptroller General shall coordinate with the Secretary of Energy and 

the heads of other appropriate Federal agencies. 

SEC. 244. ANNUAL COMPTROLLER GENERAL REPORT ON THE F–35 

LIGHTNING II AIRCRAFT ACQUISITION PROGRAM. 

(a) ANNUAL GAO REVIEW.—The Comptroller General shall conduct an annual review of the F–35 Lightning II aircraft acquisition 


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program and shall, not later than March 15 of each of 2010 through 

2015, submit to the congressional defense committees a report 

on the results of the most recent review. 

(b) MATTERS TO BE INCLUDED.—Each report on the F–35 program under subsection (a) shall include each of the following: 

(1) The extent to which the acquisition program is meeting 

development and procurement cost, schedule, and performance 

goals. 

(2) The progress and results of developmental and operational testing and plans for correcting deficiencies in aircraft 

performance, operational effectiveness, and suitability. 

(3) Aircraft procurement plans, production results, and 

efforts to improve manufacturing efficiency and supplier 

performance. 

SEC. 245. REPORT ON INTEGRATION OF DEPARTMENT OF DEFENSE 

INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE 

CAPABILITIES. 

Of the amounts authorized to be appropriated in this Act for 

program element 11815F for advanced strategic programs, not more 

than 50 percent of such amounts may be obligated or expended 

until the date that is 30 days after the date on which the Under 

Secretary of Defense for Intelligence submits the report required 

under section 923(d)(1) of the National Defense Authorization Act 

for 2004 (Public Law 108–136; 117 Stat. 1576), including the elements of the report described in subparagraphs (D), (E), and (F) 

of such section 923(d)(1). 

SEC. 246. REPORT ON FUTURE RESEARCH AND DEVELOPMENT OF 

MAN-PORTABLE AND VEHICLE-MOUNTED GUIDED MISSILE 

SYSTEMS. 

(a) REPORT.—Not later than February 15, 2010, the Secretary 

of the Army shall submit to Congress a report on future research 

and development of man-portable and vehicle-mounted guided missile systems to replace the current Javelin and TOW systems. 

Such report shall include— 

(1) an examination of current requirements for anti-armor 

missile systems; 

(2) an analysis of battlefield uses other than anti-armor; 

(3) an analysis of changes required to the current Javelin 

and TOW systems to maximize effectiveness and lethality in 

situations other than anti-armor; 

(4) an analysis of the current family of Javelin and TOW 

warheads and a specific description of how they address threats 

other than armor; 

(5) an examination of the need for changes to current 

or development of additional warheads or a family of warheads 

to address threats other than armor; 

(6) a description of any missile system design changes 

required to integrate current missile systems with current 

manned ground systems; 

(7) a detailed and current analysis of the costs associated 

with the development of next-generation Javelin and TOW 

systems and additional warheads or family of warheads to 

address threats other than armor, integration costs for current 

vehicles, integration costs for future vehicles and possible efficiencies of developing and procuring these systems at low rate 

and full rate based on current system production; and 


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(8) an analysis of the ability of the industrial base to 

support development and production of current and future Javelin and TOW systems. 

(b) RESTRICTION ON USE OF FUNDS.—Of the amounts authorized 

to be appropriated under this Act for research, test, development, 

and evaluation for the Army, for missile and rocket advanced technology (program element 0603313A), not more than 70 percent 

may be obligated or expended until the Secretary of the Army 

submits the report required by subsection (a). 

SEC. 247. REPORT ON THE DEVELOPMENT OF COMMAND AND CONTROL SYSTEMS. 

(a) REPORT REQUIRED.—Not later than July 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report detailing the plans for the consolidation of the NetEnabled Command Capability system (hereinafter in this section 

referred to as the ‘‘NECC system’’) with the Global Command 

and Control System family of systems (hereinafter in this section 

referred to as the ‘‘GCCS family of systems’’). 

(b) ELEMENTS.—The report required by subsection (a) shall 

include each of the following: 

(1) A description of the level of investment needed to 

develop, sustain, and modernize the GCCS family of systems 

in order to meet military requirements. 

(2) A description of the actions needed to convert the GCCS 

family of systems to a services-oriented architecture, including 

a timeline and milestones. 

(3) An identification of the components, including modules 

and other technologies, developed under the NECC systems 

that can be implemented in the GCCS family of systems. 

(4) An identification of gaps in required capabilities not 

resident in the GCCS family of systems or provided by the 

NECC system. 

(5) An identification of any science and technology efforts 

or developing commercial capabilities that might address capability gaps identified pursuant to paragraph (4). 

(6) A description of the developmental and operational test 

plans for the GCCS family of systems, and resources programmed to support such plans. 

(7) A description of the GCCS family of systems management and governance plan structure, including— 

(A) organizations involved in program planning and 

execution; 

(B) the delegation of authorities for programmatic and 

technical issues in the development of the GCCS family 

of systems, including architecture design and control, and 

funding; and 

(C) the role of the command and control capabilities 

portfolio manager and the Office of Secretary of Defense 

oversight agencies. 

(8) Such other elements as the Secretary of Defense considers appropriate. 

(c) COORDINATION.—The report required by subsection (a) shall 

be developed jointly by the Vice-Chairman of the Joint Chiefs of 

Staff, the Secretaries of the military departments, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the 

Assistant Secretary of Defense for Networks and Information 


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Integration, the commander of the United States Joint Forces Command, the Director of Operational Test and Evaluation, and the 

Director of the Defense Information Systems Agency. 

(d) INTERIM REPORT.—Not later than March 1, 2010, the Secretary of Defense shall submit to the congressional defense committees an interim report on the activities carried out to prepare 

the report required by subsection (a) and the preliminary findings 

and recommendations of the Secretary with respect to the plans 

for the consolidation of the NECC system with the GCCS family 

of systems based on such activities. 

(e) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

SEC. 248. EVALUATION OF EXTENDED RANGE MODULAR SNIPER RIFLE 

SYSTEMS. 

(a) IN GENERAL.—Not later than March 31, 2010, the Assistant 

Secretary of the Army for Acquisition, Logistics, and Technology 

shall conduct a comparative evaluation of extended range modular 

sniper rifle systems, including .300 Winchester Magnum, .338 

Lapua Magnum, and other calibers. The evaluation shall identify 

and demonstrate an integrated suite of technologies with capabilities that include— 

(1) extending the effective range of snipers; 

(2) meeting service or unit requirements or operational 

need statements; or 

(3) closing documented capability gaps. 

(b) REPORT.—Not later than April 30, 2010, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology shall 

submit to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives 

a report containing the results of the evaluation required by subsection (a), including— 

(1) detailed ballistics and system performance data; and 

(2) an assessment of the operational capabilities of extended 

range modular sniper rifle systems to meet service or unit 

requirements or operational need statements or close documented capabilities gaps. 

Subtitle E—Other Matters 

SEC. 251. ENHANCEMENT OF DUTIES OF DIRECTOR OF DEPARTMENT 

OF DEFENSE TEST RESOURCE MANAGEMENT CENTER 

WITH RESPECT TO THE MAJOR RANGE AND TEST FACILITY 

BASE. 

(a) AUTHORITY TO REVIEW PROPOSALS FOR SIGNIFICANT

CHANGES.—Section 196(c) of title 10, United States Code, is 

amended— 

(1) in paragraph (1), by redesignating subparagraphs (A) 

and (B) as clauses (i) and (ii), respectively; 

(2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; 

(3) by inserting ‘‘(1)’’ before ‘‘The Director’’; 

(4) by redesignating subparagraphs (B), (C), and (D), as 

so redesignated, as subparagraphs (C), (D), and (E), respectively; and 


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123 STAT. 2242 PUBLIC LAW 111–84—OCT. 28, 2009 

(5) by inserting after subparagraph (A), as so redesignated, 

the following new subparagraph (B): 

‘‘(B) To review proposed significant changes to the test 

and evaluation facilities and resources of the Major Range 

and Test Facility Base before they are implemented by the 

Secretaries of the military departments or the heads of the 

Defense Agencies with test and evaluation responsibilities and 

advise the Secretary of Defense and the Under Secretary of 

Acquisition, Technology, and Logistics of the impact of such 

changes on the adequacy of such test and evaluation facilities 

and resources to meet the test and evaluation requirements 

of the Department.’’. 

(b) ACCESS TO RECORDS AND DATA.—Such section is further 

amended by adding at the end the following new paragraph: 

‘‘(2) The Director shall have access to such records and data 

of the Department of Defense (including the appropriate records 

and data of each military department and Defense Agency) that 

are necessary in order to carry out the duties of the Director 

under this section.’’. 

SEC. 252. ESTABLISHMENT OF PROGRAM TO ENHANCE PARTICIPATION 

OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES 

AND MINORITY-SERVING INSTITUTIONS IN DEFENSE 

RESEARCH PROGRAMS. 

(a) PROGRAM ESTABLISHED.—Chapter 139 of title 10, United 

States Code, is amended by inserting after section 2361 the following new section: 

‘‘§ 2362. Research and educational programs and activities: 

historically black colleges and universities and 

minority-serving institutions of higher education 

‘‘(a) PROGRAM ESTABLISHED.—The Secretary of Defense, acting 

through the Director of Defense Research and Engineering and 

the Secretary of each military department, shall carry out a program 

to provide assistance to covered educational institutions to assist 

the Department in defense-related research, development, testing, 

and evaluation activities. 

‘‘(b) PROGRAM OBJECTIVE.—The objective of the program established under subsection (a) is to enhance defense-related research 

and education at covered educational institutions. Such objective 

shall be accomplished through initiatives designed to— 

‘‘(1) enhance the research and educational capabilities of 

such institutions in areas of importance to national defense, 

as determined by the Secretary; 

‘‘(2) encourage the participation of such institutions in the 

research, development, testing, and evaluation programs and 

activities of the Department of Defense; 

‘‘(3) increase the number of graduates from such institutions engaged in disciplines important to the national security 

functions of the Department of Defense, as determined by the 

Secretary; and 

‘‘(4) encourage research and educational collaborations 

between such institutions and other institutions of higher education, Government defense organizations, and the defense 

industry. 


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‘‘(c) ASSISTANCE PROVIDED.—Under the program established by 

subsection (a), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including 

any of the following: 

‘‘(1) Support for research, development, testing, evaluation, 

or educational enhancements in areas important to national 

defense through the competitive awarding of grants, cooperative 

agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation. 

‘‘(2) Support to assist in the attraction and retention of 

faculty in scientific disciplines important to the national security functions of the Department of Defense. 

‘‘(3) Establishing partnerships between such institutions 

and defense laboratories, Government defense organizations, 

the defense industry, and other institutions of higher education 

in research, development, testing, and evaluation in areas 

important to the national security functions of the Department 

of Defense. 

‘‘(4) Other such non-monetary assistance as the Secretary 

finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions. 

‘‘(d) PRIORITY FOR FUNDING.—The Secretary of Defense may 

establish procedures under which the Secretary may give priority 

in providing funding under this section to institutions that have 

not otherwise received a significant amount of funding from the 

Department of Defense for research, development, testing, and 

evaluation programs supporting the national security functions of 

the Department. 

‘‘(e) DEFINITION OF COVERED EDUCATIONAL INSTITUTION.—In 

this section the term ‘covered educational institution’ means— 

‘‘(1) an institution of higher education eligible for assistance 

under title III or IV of the Higher Education Act of 1965 

(20 U.S.C. 1051 et seq.); or 

‘‘(2) an accredited postsecondary minority institution.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2361 the following new item: 

‘‘2362. Research and educational programs and activities: historically black colleges 

and universities and minority-serving institutions of higher education.’’. 

SEC. 253. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR 

ADVANCED TECHNOLOGY ACHIEVEMENTS. 

Subsection (f) of section 2374a of title 10, United States Code, 

is amended by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2013’’. 

SEC. 254. AUTHORITY FOR NATIONAL AERONAUTICS AND SPACE 

ADMINISTRATION FEDERALLY FUNDED RESEARCH AND 

DEVELOPMENT CENTERS TO PARTICIPATE IN MERITBASED TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAMS. 

Section 217(f)(1) of the National Defense Authorization Act 

for Fiscal Year 1995 (Public Law 103–337; 108 Stat 2695), as 

amended by section 3136 of the National Defense Authorization 

Act for Fiscal Year 1999 (Public Law 105–261), is amended— 

15 USC 3715 

note. 


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123 STAT. 2244 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) in subparagraph (A) by inserting ‘‘, of the National 

Aeronautics and Space Administration,’’ after ‘‘the Department 

of Defense’’; and 

(2) by adding at the end the following new subparagraph 

(C): 

‘‘(C) A federally funded research and development center of 

the National Aeronautics and Space Administration that functions 

primarily as a research laboratory may respond to broad agency 

announcements under programs authorized by the Federal Government for the purpose of promoting the research, development, demonstration, or transfer of technology in a manner consistent with 

the terms and conditions of such program.’’. 

SEC. 255. NEXT GENERATION BOMBER AIRCRAFT. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Long-range strike is a critical mission in which the 

United States needs to retain a credible and dominant capability. 

(2) Long range, penetrating strike systems provide— 

(A) a hedge against being unable to obtain access to 

forward bases for political reasons; 

(B) a capacity to respond quickly to contingencies; 

(C) the ability to base outside the reach of emerging 

adversary anti-access and area-denial capabilities; and 

(D) the ability to impose disproportionate defensive 

costs on prospective adversaries of the United States. 

(3) The 2006 quadrennial defense review found that there 

was a requirement for a next generation bomber aircraft and 

directed the United States Air Force to ‘‘develop a new landbased, penetrating long range strike capability to be fielded 

by 2018’’. 

(4) On April 6, 2009, Secretary of Defense Robert Gates 

announced that the United States ‘‘will not pursue a development program for a follow-on Air Force bomber until we have 

a better understanding of the need, the requirement and the 

technology’’. 

(5) On May 7, 2009, President Barack Obama announced 

the termination of the next generation bomber aircraft program 

in the document of the Office of Management and Budget 

entitled ‘‘Terminations, Reductions, and Savings’’, stating that 

‘‘there is no urgent need to begin an expensive development 

program for a new bomber’’ and that ‘‘the future bomber fleet 

may not be affordable over the next six years’’. 

(6) The United States will need a new long-range strike 

capability because the conflicts of the future will likely feature 

heavily defended airspace, due in large part to the proliferation 

of relatively inexpensive, but sophisticated and deadly, air 

defense systems. 

(7) General Michael Maples, the Director of the Defense 

Intelligence Agency, noted during a March 10, 2009, hearing 

of the Committee on Armed Services of the Senate on worldwide 

threats that ‘‘Russia, quite frankly, is the developer of most 

of those [advanced air defense] systems and is exporting those 

systems both to China and to other countries in the world’’. 

(8) The Final Report of the Congressional Commission on 

the Strategic Posture of the United States, submitted to Congress on May 6, 2009, states that ‘‘[t]he bomber force is valuable 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2245 

particularly for extending deterrence in time of crisis, as their 

deployment is visible and signals U.S. commitment. Bombers 

also impose a significant cost burden on potential adversaries 

in terms of the need to invest in advanced air defenses’’. 

(9) The commanders of the United States Pacific Command, 

the United States Strategic Command, and the United States 

Joint Forces Command have each testified before the Committee on Armed Services of the Senate in support of the 

capability that the next generation bomber aircraft would provide. 

(10) On June 17, 2009, General James Cartwright, ViceChairman of the Joint Chiefs of Staff and chair of the Joint 

Requirements Oversight Council, stated during a hearing before 

the Committee on Armed Services of the Senate that ‘‘the 

nation needs a new bomber’’. 

(11) Nearly half of the United States bomber aircraft inventory (47 percent) pre-dates the Cuban Missile Crisis. 

(12) The only air-breathing strike platforms the United 

States possesses today with reach and survivability to have 

a chance of successfully executing missions more than 1,000 

nautical miles into enemy territory from the last air-to-air 

refueling are 16 combat ready B-2 bomber aircraft. 

(13) The B-2 bomber aircraft was designed in the 1980s 

and achieved initial operational capability over a decade ago. 

(14) The crash of an operational B-2 bomber aircraft during 

takeoff at Guam in early 2008 indicates that attrition can 

and does occur even in peacetime. 

(15) The primary mission requirement of the next generation bomber aircraft is the ability to strike targets anywhere 

on the globe with whatever weapons the contingency requires. 

(16) The requisite aerodynamic, structural, and low-observable technologies to develop the next generation bomber aircraft 

already exist in fifth-generation fighter aircraft. 

(b) POLICY ON CONTINUED DEVELOPMENT OF NEXT GENERATION

BOMBER AIRCRAFT IN FISCAL YEAR 2010.—It is the policy of the 

United States to support a development program for next generation 

bomber aircraft technologies. 

TITLE III—OPERATION AND 

MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Relation to funding table. 

Subtitle B—Environmental Provisions 

Sec. 311. Clarification of requirement for use of available funds for Department of 

Defense participation in conservation banking programs. 

Sec. 312. Reauthorization of title I of Sikes Act. 

Sec. 313. Authority of Secretary of a military department to enter into interagency 

agreements for land management on Department of Defense installations. 

Sec. 314. Reauthorization of pilot program for invasive species management for 

military installations in Guam. 

Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in 

connection with the Former Nansemond Ordnance Depot Site, Suffolk, 

Virginia. 

Sec. 316. Procurement and use of munitions. 

Sec. 317. Prohibition on disposing of waste in open-air burn pits. 


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123 STAT. 2246 PUBLIC LAW 111–84—OCT. 28, 2009 

Sec. 318. Military munitions response sites. 

Subtitle C—Workplace and Depot Issues 

Sec. 321. Public-private competition required before conversion of any Department 

of Defense function performed by civilian employees to contractor performance. 

Sec. 322. Time limitation on duration of public-private competitions. 

Sec. 323. Policy regarding installation of major modifications and upgrades. 

Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. 

Sec. 325. Temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by a contractor. 

Sec. 326. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor. 

Sec. 327. Amendments to bid protest procedures by Federal employees and agency 

officials in conversions of functions from performance by Federal employees to performance by a contractor. 

Sec. 328. Improvement of inventory management practices. 

Sec. 329. Modification of date for submittal to Congress of annual report on funding 

for public and private performance of depot-level maintenance and repair workloads. 

Subtitle D—Energy Security 

Sec. 331. Authorization of appropriations for Director of Operational Energy. 

Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs. 

Sec. 333. Report on implementation of Comptroller General recommendations on 

fuel demand management at forward-deployed locations. 

Sec. 334. Report on use of renewable fuels to meet energy requirements of Department of Defense. 

Sec. 335. Energy security on Department of Defense installations. 

Subtitle E—Reports 

Sec. 341. Annual report on procurement of military working dogs. 

Sec. 342. Plan for managing vegetative encroachment at training ranges. 

Sec. 343. Comptroller General report on the sustainment strategy for the AV-8B 

Harrier aircraft. 

Sec. 344. Study on Army modularity. 

Subtitle F—Other Matters 

Sec. 351. Authority for airlift transportation at Department of Defense rates for 

non-Department of Defense Federal cargoes. 

Sec. 352. Policy on ground combat and camouflage utility uniforms. 

Sec. 353. Condition-based maintenance demonstration programs. 

Sec. 354. Extension of arsenal support program initiative. 

Subtitle A—Authorization of 

Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for expenses, not otherwise 

provided for, for operation and maintenance, in amounts as follows: 

(1) For the Army, $31,263,332,000. 

(2) For the Navy, $35,041,274,000. 

(3) For the Marine Corps, $5,543,223,000. 

(4) For the Air Force, $34,527,149,000. 

(5) For Defense-wide activities, $28,327,396,000. 

(6) For the Army Reserve, $2,620,196,000. 

(7) For the Naval Reserve, $1,278,501,000. 

(8) For the Marine Corps Reserve, $228,925,000. 

(9) For the Air Force Reserve, $3,079,228,000. 

(10) For the Army National Guard, $6,262,184,000. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2247 

(11) For the Air National Guard, $5,885,761,000. 

(12) For the United States Court of Appeals for the Armed Forces, $13,932,000. 

(13) For the Acquisition Development Workforce Fund, $100,000,000. 

(14) For Environmental Restoration, Army, $415,864,000. 

(15) For Environmental Restoration, Navy, $285,869,000. 

(16) For Environmental Restoration, Air Force, 

$494,276,000. 

(17) For Environmental Restoration, Defense-wide, 

$11,000,000. 

(18) For Environmental Restoration, Formerly Used Defense Sites, $267,700,000. 

(19) For Overseas Humanitarian, Disaster, and Civic Aid 

programs, $109,869,000. 

(20) For Cooperative Threat Reduction programs, $424,093,000. 

SEC. 302. RELATION TO FUNDING TABLE. 

The amounts authorized to be appropriated by section 301 

shall be available, in accordance with the requirements of section 

4001, for projects, programs, and activities, and in the amounts, 

specified in the funding table in section 4301. 

Subtitle B—Environmental Provisions 

SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF AVAILABLE 

FUNDS FOR DEPARTMENT OF DEFENSE PARTICIPATION 

IN CONSERVATION BANKING PROGRAMS. 

Section 2694c of title 10, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘to carry out this section’’; 

(2) by redesignating subsection (d) as subsection (e); and 

(3) by inserting after subsection (c) the following new subsection (d): 

‘‘(d) SOURCE OF FUNDS.—Amounts available from any of the 

following shall be available for activities under this section: 

‘‘(1) Operation and maintenance. 

‘‘(2) Military construction. 

‘‘(3) Research, development, test, and evaluation. 

‘‘(4) The Support for United States Relocation to Guam 

Account established under section 2824 of the Military 

Construction Act for Fiscal Year 2009 (division B of Public 

Law 110-417; 122 Stat. 4730; 10 U.S.C. 2687 note).’’. 

SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT. 

(a) REAUTHORIZATION.—Section 108 of the Sikes Act (16 U.S.C. 

670f) is amended by striking ‘‘fiscal years 2004 through 2008’’ 

each place it appears and inserting ‘‘fiscal years 2009 through 

2014’’. 

(b) CLARIFICATION OF AUTHORIZATIONS.—Such section is further 

amended— 

(1) in subsection (b), by striking ‘‘There are authorized’’ 

and inserting ‘‘Of the amounts authorized to be appropriated 

to the Department of Defense, there are authorized’’; and 

(2) in subsection (c), by striking ‘‘There are authorized’’ 

and inserting ‘‘Of the amounts authorized to be appropriated 

to the Department of the Interior, there are authorized’’. 


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123 STAT. 2248 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DEPARTMENT 

TO ENTER INTO INTERAGENCY AGREEMENTS FOR LAND 

MANAGEMENT ON DEPARTMENT OF DEFENSE INSTALLATIONS. 

(a) AUTHORITY.—Section 103a of the Sikes Act (16 U.S.C. 670c– 

1) is amended— 

(1) in subsection (a)— 

(A) by inserting after ‘‘and individuals’’ the following: 

‘‘, and into interagency agreements with the heads of other 

Federal departments and agencies,’’; and 

(B) in paragraph (2), by inserting ‘‘or interagency agreement’’ after ‘‘cooperative agreement’’; 

(2) in subsection (b), by inserting ‘‘or interagency agreement’’ after ‘‘cooperative agreement’’; and 

(3) in subsection (c), by inserting ‘‘and interagency agreements’’ after ‘‘Cooperative agreements’’. 

(b) CLERICAL AMENDMENTS.—The heading for such section is 

amended by inserting ‘‘AND INTERAGENCY’’ after ‘‘COOPERATIVE’’. 

SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR INVASIVE SPECIES MANAGEMENT FOR MILITARY INSTALLATIONS IN 

GUAM. 

Section 101(g)(1) of the Sikes Act (16 U.S.C. 670a(g)(1)) is 

amended by striking ‘‘fiscal years 2004 through 2008’’ and inserting 

‘‘fiscal years 2009 through 2014’’. 

SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION 

AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE 

FORMER NANSEMOND ORDNANCE DEPOT SITE, SUFFOLK, 

VIRGINIA. 

(a) AUTHORITY TO REIMBURSE.— 

(1) TRANSFER AMOUNT.—Using funds described in subsection (b) and notwithstanding section 2215 of title 10, United 

States Code, the Secretary of Defense may transfer not more 

than $68,623 during fiscal year 2010 to the Former Nansemond 

Ordnance Depot Site Special Account, within the Hazardous 

Substance Superfund. 

(2) PURPOSE OF REIMBURSEMENT.—The payment under 

paragraph (1) is final payment to reimburse the Environmental 

Protection Agency for all costs incurred in overseeing a time 

critical removal action performed by the Department of Defense 

under the Defense Environmental Restoration Program for ordnance and explosive safety hazards at the Former Nansemond 

Ordnance Depot Site, Suffolk, Virginia. 

(3) INTERAGENCY AGREEMENT.—The reimbursement 

described in paragraph (2) is provided for in an interagency 

agreement entered into by the Department of the Army and 

the Environmental Protection Agency for the Former 

Nansemond Ordnance Depot Site in December 1999. 

(b) SOURCE OF FUNDS.—Any payment under subsection (a) shall 

be made using funds authorized to be appropriated by section 

301(18) of this Act for operation and maintenance for Environmental 

Restoration, Formerly Used Defense Sites. 

(c) USE OF FUNDS.—The Environmental Protection Agency shall 

use the amount transferred under subsection (a) to pay costs 

incurred by the agency at the Former Nansemond Ordnance Depot 

Site. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2249 

SEC. 316. PROCUREMENT AND USE OF MUNITIONS. 

The Secretary of Defense shall— 

(1) in making decisions with respect to the procurement 

of munitions, develop methods to account for the full life-cycle 

costs of munitions, including the effects of failure rates on 

the cost of disposal; 

(2) undertake a review of live-fire practices for the purpose 

of reducing unexploded ordnance and munitions-constituent 

contamination without impeding military readiness; and 

(3) not later than 180 days after the date of the enactment 

of this Act, submit to Congress a report on the methods developed pursuant to this section and the progress of the livefire review and recommendations for reducing the life-cycle 

costs of munitions, unexploded ordnance, and munitions-constituent contamination. 

SEC. 317. PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN 

PITS. 

(a) REGULATIONS.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

prescribe regulations prohibiting the disposal of covered waste 

in open-air burn pits during contingency operations except in 

circumstances in which the Secretary determines that no alternative disposal method is feasible. Such regulations shall apply 

to contingency operations that are ongoing as of the date of 

the enactment of this Act, including Operation Iraqi Freedom 

and Operation Enduring Freedom, and to contingency operations that begin after the date of the enactment of this Act. 

(2) NOTIFICATION.—In determining that no alternative disposal method is feasible for an open-air burn pit pursuant 

to regulations prescribed under paragraph (1), the Secretary 

shall— 

(A) not later than 30 days after such determination 

is made, submit to the Committees on Armed Services 

of the Senate and House of Representatives notice of such 

determination, including the circumstances, reasoning, and 

methodology that led to such determination; and 

(B) after notice is given under subparagraph (A), for 

each subsequent 180-day-period during which covered 

waste is disposed of in the open-air burn pit covered by 

such notice, submit to the Committees on Armed Services 

of the Senate and House of Representatives the justifications of the Secretary for continuing to operate such openair burn pit. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to the Committees 

on Armed Services of the Senate and House of Representatives 

a report on the use of open-air burn pits by the United States 

Armed Forces. Such report shall include— 

(1) an explanation of the situations and circumstances 

under which open-air burn pits are used to dispose of waste 

during military exercises and operations worldwide; 

(2) a detailed description of the types of waste authorized 

to be burned in open-air burn pits; 

(3) a plan through which the Secretary intends to develop 

and implement alternatives to the use of open-air burn pits; 

Time periods. 

Submission. 

Deadline. 

Applicability. 

Deadline. 

Determination. 

10 USC 2701 

note. 

Deadlines. 

Reports. 

Review. 

Methods. 


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123 STAT. 2250 PUBLIC LAW 111–84—OCT. 28, 2009 

(4) a copy of the regulations required to be prescribed 

by subsection (a); 

(5) the health and environmental compliance standards 

the Secretary has established for military and contractor operations in Iraq and Afghanistan with regard to solid waste 

disposal, including an assessment of whether those standards 

are being met; 

(6) a description of the environmental, health, and operational impacts of open-pit burning of plastics and the feasibility of including plastics in the regulations prescribed pursuant to subsection (a); and 

(7) an assessment of the ability of existing medical surveillance programs to identify and track exposures to toxic substances that result from open-air burn pits, including recommendations for such changes to such programs as would 

be required to more accurately identify and track such exposures. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘contingency operation’’ has the meaning given 

that term by section 101(a)(13) of title 10, United States Code. 

(2) The term ‘‘covered waste’’ includes— 

(A) hazardous waste, as defined by section 1004(5) 

of the Solid Waste Disposal Act (42 U.S.C. 6903(5)); 

(B) medical waste; and 

(C) other waste as designated by the Secretary. 

SEC. 318. MILITARY MUNITIONS RESPONSE SITES. 

(a) INFORMATION SHARING.—Section 2710(a)(2)(B) of title 10, 

United States Code, is amended by inserting ‘‘, including the county, 

where applicable,’’ after ‘‘political subdivisions of the State’’. 

(b) MILITARY MUNITIONS RESPONSE PROGRAM AND INSTALLATION RESTORATION PROGRAM.—As part of the annual budget submission of the Secretary of Defense to Congress, the Secretary shall 

include the funding levels requested for the Military Munitions 

Response Program and the Installation Restoration Program. 

Subtitle C—Workplace and Depot Issues 

SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE 

CONVERSION OF ANY DEPARTMENT OF DEFENSE FUNCTION PERFORMED BY CIVILIAN EMPLOYEES TO CONTRACTOR PERFORMANCE. 

(a) REQUIREMENT.—Paragraph (1) of section 2461(a) of title 

10, United States Code, is amended— 

(1) by striking ‘‘A function’’ and inserting ‘‘No function’’; 

(2) by striking ‘‘10 or more’’; and 

(3) by striking ‘‘may not be converted’’ and inserting ‘‘may 

be converted’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall apply with respect to a function for which a public-private 

competition is commenced on or after the date of the enactment 

of this Act. 

10 USC 2461 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2251 

SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRIVATE COMPETITIONS. 

(a) TIME LIMITATION.—Section 2461(a) of title 10, United States 

Code, as amended by section 321, is further amended by adding 

at the end the following new paragraph: 

‘‘(5)(A) Except as provided in subparagraph (B), the duration 

of a public-private competition conducted pursuant to Office of 

Management and Budget Circular A-76 or any other provision 

of law for any function of the Department of Defense performed 

by Department of Defense civilian employees may not exceed a 

period of 24 months, commencing on the date on which the preliminary planning for the public-private competition begins and ending 

on the date on which a performance decision is rendered with 

respect to the function. 

‘‘(B)(i) The Secretary of Defense may specify an alternative 

period of time for a public-private competition, which may not 

exceed 33 months, if the Secretary— 

‘‘(I) determines that the competition is of such complexity 

that it cannot be completed within 24 months; and 

‘‘(II) submits to Congress, as part of the formal congressional notification of a public-private competition pursuant to 

subsection (c), written notification that explains the basis of 

such determination. 

‘‘(ii) The notification under clause (i)(II) shall also address each 

of the following: 

‘‘(I) Any efforts of the Secretary to break up the study 

geographically or functionally. 

‘‘(II) The Secretary’s justification for undertaking a publicprivate competition instead of using internal reengineering 

alternatives. 

‘‘(III) The cost savings that the Secretary expects to achieve 

as a result of the public-private competition. 

‘‘(iii) If the Secretary specifies an alternative time period under 

this subparagraph, the alternative time period shall be binding 

on the Department in the same manner and to the same extent 

as the limitation provided in subparagraph (A). 

‘‘(C) The time period specified in subparagraph (A) for a publicprivate competition does not include any day during which the 

public-private competition is delayed by reason of the filing of 

a protest before the Government Accountability Office or a complaint in the United States Court of Federal Claims up until the 

day the decision or recommendation of either authority becomes 

final. In the case of a protest before the Government Accountability 

Office, the recommendation becomes final after the period of time 

for filing a request for reconsideration, or if a request for reconsideration is filed, on the day the Government Accountability Office 

issues a decision on the reconsideration. 

‘‘(D) If a protest with respect to a public-private competition 

before the Government Accountability Office or the United States 

Court of Federal Claims is sustained, and the recommendation 

is final as described in subparagraph (C), and if such protest and 

recommendation result in an unforeseen delay in implementing 

a final performance decision, the Secretary of Defense may terminate the public-private competition or extend the period of time 

specified for the public-private competition under subparagraph 

(A) or subparagraph (B). If the Secretary decides not to terminate 

a competition, the Secretary shall submit to Congress written notice 

Notice. 

Notification. 

Determination. 


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123 STAT. 2252 PUBLIC LAW 111–84—OCT. 28, 2009 

of such decision. Any such notification shall include a justification 

for the Secretary’s decision and a new time limitation for the 

competition, which shall not exceed 12 months from the final decision and shall be binding on the Department. 

‘‘(E) For the purposes of this paragraph, preliminary planning 

with respect to a public-private competition, begins on the date 

on which the Department of Defense obligates funds for the acquisition of contract support, or formally assigns Department of Defense 

personnel, to carry out any of the following activities: 

‘‘(i) Determining the scope of the competition. 

‘‘(ii) Conducting research to determine the appropriate 

grouping of functions for the competition. 

‘‘(iii) Assessing the availability of workload data, quantifiable outputs of functions, and agency or industry performance 

standards applicable to the competition. 

‘‘(iv) Determining the baseline cost of any function for 

which the competition is conducted. 

‘‘(F) To effectively establish the date that is the first day of 

preliminary planning for a public-private competition, the head 

of a military department shall submit to Congress written notice 

of such date and shall provide public notice by announcing such 

date on an appropriate Internet website. Such date is the first 

day of preliminary planning for a public-private competition for 

the purpose of computing the duration of the public private competition for purposes of this section. 

‘‘(G) The Secretary of Defense shall submit to the congressional 

defense committees an annual report on the use, during the year 

covered by the report, of alternative time periods for public-private 

competitions under this section, and the explanations of the Secretary for such alternative time periods.’’ 

(b) EFFECTIVE DATE.—Paragraph (5) of section 2461(a) of title 

10, United States Code, as added by subsection (a), shall apply 

with respect to a public-private competition covered by such section 

that is initiated on or after the date of the enactment of this 

Act. 

(c) COMPTROLLER GENERAL REVIEWS.—Not later than two years 

after the date of the enactment of this Act, and three years thereafter, the Comptroller General shall submit to the congressional 

defense committees a report on the use by the Secretary of Defense 

of the alternative time period authority under section 2461(a)(5)(B) 

of title 10, United States Code, and the appropriateness and 

thoroughness of the explanations of the Secretary for such use. 

SEC. 323. POLICY REGARDING INSTALLATION OF MAJOR MODIFICATIONS AND UPGRADES. 

It is the Sense of Congress that no changes should be made 

to— 

(1) the policy of the Department of Defense that in the 

annual allocation of depot-level maintenance and repair 

required under section 2466 of title 10, United States Code, 

the installation of major modifications and upgrades are considered to be part of the definition of depot-level maintenance; 

and 

(2) the interpretation and application of that policy as 

of the date of the enactment of this Act. 

Deadlines. 

Reports. 

10 USC 2461 

note. 

Deadline. 

Reports. 

Notice. 

Public 

information. 

Web posting. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2253 

SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUSTRIAL 

FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES 

WITH NON-ARMY ENTITIES. 

(a) CLARIFICATION OF AUTHORITY TO ENTER INTO COOPERATIVE

AGREEMENTS.—The second sentence of section 4544(a) of title 10, 

United States Code, as added by section 328(a)(1) of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 66), is amended by inserting after ‘‘not more than 

eight contracts or cooperative agreements’’ the following: ‘‘in addition to the contracts and cooperative agreements in place as of 

the date of the enactment of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181)’’. 

(b) ADDITIONAL ELEMENTS REQUIRED FOR ANALYSIS OF USE

OF AUTHORITY.—Section 328(b)(2) of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 67) is amended— 

(1) by striking ‘‘a report assessing the advisability’’ and 

inserting the following: ‘‘a report— 

‘‘(A) assessing the advisability’’; and 

(2) by striking ‘‘pursuant to such authority.’’ and inserting 

the following: ‘‘pursuant to such authority; 

‘‘(B) assessing the benefit to the Federal Government 

of using such authority; 

‘‘(C) assessing the impact of the use of such authority 

on the availability of facilities needed by the Army and 

on the private sector; and 

‘‘(D) describing the steps taken to comply with the 

requirements under section 4544(g) of title 10, United 

States Code.’’. 

SEC. 325. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE COMPETITIONS FOR CONVERSION OF DEPARTMENT OF DEFENSE 

FUNCTIONS TO PERFORMANCE BY A CONTRACTOR. 

(a) TEMPORARY SUSPENSION.—During the period beginning on 

the date of the enactment of this Act and ending on the date 

that is 30 days after the date on which the Secretary of Defense 

submits to the congressional defense committees the certification 

required under subsection (d), no study or competition regarding 

a public-private competition for the conversion to performance by 

a contractor for any function performed by Department of Defense 

civilian employees may be begun or announced pursuant to 2461 

of title 10, United States Code, or otherwise pursuant to Office 

of Management and Budget Circular A-76. 

(b) REVIEW AND REPORT TO CONGRESS.—During fiscal year 

2010, the Secretary of Defense, acting through the Under Secretary 

of Defense for Personnel Readiness, in consultation with the Under 

Secretary for Acquisition, Technology, and Logistics and the Comptroller of the Department of Defense, shall undertake a comprehensive review of the policies of the Department of Defense with 

respect to the conduct of public-private competitions. The Secretary 

shall submit to the congressional defense committees a report on 

such review not earlier than June 15, 2010. The review, at a 

minimum, shall address— 

(1) the status of the compliance of the Department with 

the requirement of 2461(a)(1) of title 10, United States Code, 

as amended by section 321 of this Act; 

Time period. 

10 USC 4544 

note. 


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123 STAT. 2254 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) actions taken by the Secretary to address issues raised 

in the report of the Department of Defense Inspector General 

numbered D-2009-034 and dated December 15, 2008; 

(3) the reliability of systems in effect as of the date of 

the enactment of this Act to provide comprehensive and reliable 

data to track and assess the cost and quality of the performance 

of functions that have been subjected to a public-private competition; 

(4) the appropriateness of the cost differential in effect 

as of the date of the enactment of this Act for determining 

the quantifiable costs and the current overhead rates applied 

with respect to such functions; and 

(5) the adequacy of the policies of the Department of 

Defense in implementing the requirements of section 2461(a)(4) 

of title 10, United States Code. 

(c) COMPTROLLER GENERAL REVIEW.—Not later than 90 days 

after the date on which the report required under subsection (b) 

is submitted to the congressional defense committees, the Comptroller General shall conduct an assessment of the review required 

under paragraph (b) and shall submit to the congressional defense 

committees a report on the findings of such assessment and any 

conclusions or recommendations of the Comptroller General based 

on such assessment. 

(d) CERTIFICATION REQUIRED.—The Secretary of Defense shall 

publish in the Federal Register and submit to the congressional 

defense committees certification that— 

(1) the review required by subsection (b) has been completed, and that the 90-day period during which the assessment 

of the Comptroller General is to be completed under subsection 

(c) has expired; 

(2) the Secretary of Defense has completed and submitted 

to the congressional defense committees a complete inventory 

of contracts for services for or on behalf of the Department 

in compliance with the requirements of subsection (c) of section 

2330a of title 10, United States Code; 

(3) the Secretary of each military department and the 

head of each Defense Agency responsible for activities in the 

inventory has initiated the review and planning activities of 

subsection (e) of such section; and 

(4) the Secretary of Defense has submitted budget information on contract services in compliance with the requirements 

of section 236 of title 10, United States Code. 

SEC. 326. REQUIREMENT FOR DEBRIEFINGS RELATED TO CONVERSION 

OF FUNCTIONS FROM PERFORMANCE BY FEDERAL 

EMPLOYEES TO PERFORMANCE BY A CONTRACTOR. 

The Administrator for Federal Procurement Policy shall revise 

the Federal Acquisition Regulation to allow for debriefings of Federal employee representatives designated pursuant to 3551(2)(B) 

of title 31, United States Code, to the same extent and under 

the same circumstances as any offeror, in the case of a conversion 

of any function from performance by Federal employees to performance by a contractor. Such debriefings will conform to the requirements of section 2305(b)(6)(A) of title 10, United States Code, section 

303B(f) of the Federal Property and Administrative Services Act 

of 1949 (41 U.S.C. 253b(f)), and subparts 15.505 and 15.506 (as 

31 USC 501 note. 

Federal Register, 

publication. 

Deadline. 

Assessment. 

Reports. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2255 

in effect on the date of the enactment of this Act ) of the Federal 

Acquisition Regulation. 

SEC. 327. AMENDMENTS TO BID PROTEST PROCEDURES BY FEDERAL 

EMPLOYEES AND AGENCY OFFICIALS IN CONVERSIONS OF 

FUNCTIONS FROM PERFORMANCE BY FEDERAL 

EMPLOYEES TO PERFORMANCE BY A CONTRACTOR. 

(a) PROTEST JURISDICTION OF THE COMPTROLLER GENERAL.— Section 3551(1) of title 31, United States Code, is amended by 

adding at the end the following new subparagraph: 

‘‘(E) Conversion of a function that is being performed 

by Federal employees to private sector performance.’’. 

(b) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COMPETITIONS.— Clause (i) of paragraph (2)(B) of section 3551 of title 31, United 

States Code, is amended to read as follows: 

‘‘(i) any official who is responsible for submitting 

the agency tender in such competition; and’’. 

(c) DECISIONS ON PROTESTS.—Section 3554(b) of title 31, United 

States Code, is amended— 

(1) by redesignating subparagraphs (C) through (G) as subparagraphs (D) through (H), respectively; 

(2) by inserting after subparagraph (B) the following new 

subparagraph (C): 

‘‘(C) cancel the solicitation issued pursuant to the 

public-private competition conducted under Office of 

Management and Budget Circular A–76 or any successor 

circular;’’; and 

(3) in subparagraph (G), as redesignated by paragraph 

(1), by striking ‘‘, and (E)’’ and inserting ‘‘, (E), and (F)’’. 

(d) APPLICABILITY.—The amendments made by this section shall 

apply— 

(1) to any protest or civil action that relates to a publicprivate competition conducted after the date of the enactment 

of this Act under Office of Management and Budget Circular 

A–76, or any successor circular; and 

(2) to a decision made after the date of the enactment 

of this Act to convert a function performed by Federal employees 

to private sector performance without a competition under 

Office of Management and Budget Circular A–76. 

SEC. 328. IMPROVEMENT OF INVENTORY MANAGEMENT PRACTICES. 

(a) INVENTORY MANAGEMENT PRACTICES IMPROVEMENT PLAN

REQUIRED.—Not later than 270 days after the date of the enactment 

of this Act, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan for improving the 

inventory management systems of the military departments and 

the Defense Logistics Agency with the objective of reducing the 

acquisition and storage of secondary inventory that is excess to 

requirements. 

(b) ELEMENTS.—The plan under subsection (a) shall include 

the following: 

(1) A plan for a comprehensive review of demand-forecasting procedures to identify and correct any systematic weaknesses in such procedures, including the development of metrics 

to identify bias toward over-forecasting and adjust forecasting 

methods accordingly. 

(2) A plan to accelerate the efforts of the Department 

of Defense to achieve total asset visibility, including efforts 

Deadline. 

10 USC 2458 

note. 

31 USC 3551 

note. 


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123 STAT. 2256 PUBLIC LAW 111–84—OCT. 28, 2009 

to link wholesale and retail inventory levels through multiechelon modeling. 

(3) A plan to reduce the average level of on-order secondary 

inventory that is excess to requirements, including a requirement for the systemic review of such inventory for possible 

contract termination. 

(4) A plan for the review and validation of methods used 

by the military departments and the Defense Logistics Agency 

to establish economic retention requirements. 

(5) A plan for an independent review of methods used 

by the military departments and the Defense Logistics Agency 

to establish contingency retention requirements. 

(6) A plan to identify items stored in secondary inventory 

that require substantial amounts of storage space and shift 

such items, where practicable, to direct vendor delivery. 

(7) A plan for a comprehensive assessment of inventory 

items on hand that have no recurring demands, including the 

development of— 

(A) metrics to track years of no demand for items 

in stock; and 

(B) procedures for ensuring the systemic review of 

such items for potential reutilization or disposal. 

(8) A plan to more aggressively pursue disposal reviews 

and actions on stocks identified for potential reutilization or 

disposal. 

(c) GAO REPORTS.— 

(1) ASSESSMENT OF PLAN.—Not later than 60 days after 

the date on which the plan required by subsection (a) is submitted as specified in that subsection, the Comptroller General 

shall submit to the congressional defense committees a report 

setting forth an assessment of the extent to which the plan 

meets the requirements of this section. 

(2) ASSESSMENT OF IMPLEMENTATION.—Not later than 18 

months after the date on which the plan required by subsection 

(a) is submitted, the Comptroller General shall submit to the 

congressional defense committees a report setting forth an 

assessment of the extent to which the plan has been effectively 

implemented by each military department and by the Defense 

Logistics Agency. 

(d) INVENTORY THAT IS EXCESS TO REQUIREMENTS DEFINED.— 

In this section, the term ‘‘inventory that is excess to requirements’’ 

means inventory that— 

(1) is excess to the approved acquisition objective concerned; 

and 

(2) is not needed for the purposes of economic retention 

or contingency retention. 

SEC. 329. MODIFICATION OF DATE FOR SUBMITTAL TO CONGRESS 

OF ANNUAL REPORT ON FUNDING FOR PUBLIC AND PRIVATE PERFORMANCE OF DEPOT-LEVEL MAINTENANCE 

AND REPAIR WORKLOADS. 

Section 2466(d)(1) of title 10, United States Code, is amended 

by striking ‘‘April 1 of each year’’ and inserting ‘‘90 days after 

the date on which the budget of the President for a fiscal year 

is submitted to Congress pursuant to section 1105 of title 31’’. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2257 

Subtitle D—Energy Security 

SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DIRECTOR OF 

OPERATIONAL ENERGY. 

Of the amounts authorized to be appropriated for Operation and Maintenance, Defense-wide, $5,000,000 is for the Director of 

Operational Energy Plans and Programs to carry out the duties 

prescribed for the Director under section 139b of title 10, United 

States Code, to be made available upon the confirmation of an 

individual to serve as the Director of Operational Energy Plans 

and Programs. 

SEC. 332. EXTENSION AND EXPANSION OF REPORTING REQUIREMENTS 

REGARDING DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAMS. 

(a) NEW REPORTING REQUIREMENTS.—Section 2925(a) of title 

10, United States Code, is amended— 

(1) in paragraph (1), by inserting after ‘‘(Public Law 109- 

58),’’ the following: ‘‘section 2911(e) of this title, section 533 

of the National Energy Conservation Policy Act (42 U.S.C. 

8259b),’’; 

(2) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8), respectively; 

(3) by inserting after paragraph (1) the following new paragraphs (2) and (3): 

‘‘(2) A table detailing funding, by account, for all energy 

projects funded through appropriations. 

‘‘(3) A table listing all energy projects financed through 

third party financing mechanisms (including energy savings 

performance contracts, enhanced use leases, utility energy 

service contracts, utility privatization agreements, and other 

contractual mechanisms), the duration of each such mechanism, 

an estimate of the financial obligation incurred through the 

duration of each such mechanism, and the estimated payback 

period for each such mechanism.’’; and 

(4) by adding at the end the following new paragraphs: 

‘‘(9) A description of steps taken to determine best practices 

for measuring energy consumption in Department of Defense 

facilities and installations, in order to use the data for better 

energy management. 

‘‘(10) A description of any other issues and strategies the 

Secretary determines relevant to a comprehensive and renewable energy policy.’’. 

(b) ADDITIONAL MATERIAL REQUIRED FOR FIRST EXPANDED

REPORT.—The first report submitted by the Secretary of Defense 

under section 2925(a) of title 10, United States Code, as amended 

by subsection (a), after the date of the enactment of this Act 

shall include, in addition to the matters required under such section, 

as so amended, the following: 

(1) A determination of whether the tools that exist as 

of the date of the enactment of this Act, including the Energy 

Conservation Investment Program and the Energy Savings 

Performance Contracts Program, are sufficient to support 

renewable energy projects to achieve the Department’s installation energy goals, or if new funding mechanisms would be 

beneficial. 

Determination. 


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123 STAT. 2258 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) A determination of the cost and feasibility of a policy 

that would require new power generation projects established 

on installations to be able to switch to provide power for military operations in the event of a commercial grid outage. 

(3) An assessment of the extent to which State and regional 

laws and regulations and market structures provide opportunities or obstacles to establish renewable energy projects on military installations. 

(4) A determination of the cost and feasibility of developing 

or acquiring equipment or systems that would result in maximized use of renewable energy sources at contingency locations. 

(5) An assessment of the feasibility of meeting the Department’s renewable energy goals with on-base renewable energy 

production rather than with renewable energy credits. 

(6) An analysis of the percentage of new construction 

projects subject to the Department’s current building construction sustainable design standards (Leadership in Energy and 

Environmental Design standards) that include a renewable 

energy component, and a determination as to whether the 

criteria of the Department’s design standards, as in effect on 

the date of the enactment of this Act, are consistent with 

the overall goals, including renewable energy goals, of the Secretary. 

(7) The feasibility and cost of developing net-zero energy 

installations and a detailed assessment, by installation, of 

power production (including renewable energy) measured 

against energy consumption. 

(8) A determination of whether a dedicated funding mechanism for renewable energy projects for stand-alone facilities, 

including National Guard and Reserve centers, would encourage 

greater use of renewable energy sources both at existing facilities and in new construction. 

(c) COMPTROLLER GENERAL REVIEW.—Not later than 180 days 

after the date on which the Secretary of Defense submits the 

supplemental report required under subsection (b), the Comptroller 

General shall review the supplemental report and submit to Congress a report on such review. The Comptroller General may conduct 

such independent analysis of any issues covered by such supplemental report, as necessary in furtherance of the requirements 

of this section. 

SEC. 333. REPORT ON IMPLEMENTATION OF COMPTROLLER GENERAL 

RECOMMENDATIONS ON FUEL DEMAND MANAGEMENT AT 

FORWARD-DEPLOYED LOCATIONS. 

Not later than February 1, 2010, the Director of Operational 

Energy Plans and Programs of the Department of Defense (or, 

in the event that no individual has been confirmed as the Director, 

the Secretary of Defense) shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report on 

any specific actions that have been taken to implement the following 

three recommendations made by the Comptroller General: 

(1) The recommendation that each of the combatant commanders establish requirements for managing fuel demand at 

forward-deployed locations within their respective areas of 

responsibility. 

(2) The recommendation that the head of each military 

department develop guidance to implement such requirements. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2259 

(3) The recommendation that the Chairman of the Joint 

Chiefs of Staff require that fuel demand considerations be 

incorporated into the Joint Staff’s initiative to develop joint 

standards of life support at forward-deployed locations. 

SEC. 334. REPORT ON USE OF RENEWABLE FUELS TO MEET ENERGY 

REQUIREMENTS OF DEPARTMENT OF DEFENSE. 

Not later than February 1, 2010, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and House of Representatives a report on the use and potential 

use of renewable fuels in meeting the energy requirements of the 

Department of Defense. Such report shall include each of the following: 

(1) An assessment of the use of renewable fuels, including 

domestically produced algae-based, biodiesel, and biomassderived fuels, as alternative fuels in aviation, maritime, and 

ground transportation fleets (including tactical vehicles and 

applications). Such assessment shall include technical, 

logistical, and policy considerations. 

(2) An assessment of whether it would be beneficial to 

establish a renewable fuel commodity class that is distinct 

from petroleum-based products. 

SEC. 335. ENERGY SECURITY ON DEPARTMENT OF DEFENSE INSTALLATIONS. 

(a) PLAN FOR ENERGY SECURITY REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

develop a plan for identifying and addressing areas in which 

the electricity needed to carry out critical military missions 

on Department of Defense installations is vulnerable to disruption. 

(2) ELEMENTS.—The plan developed under paragraph (1) 

shall include, at a minimum, the following: 

(A) An identification of the areas of vulnerability as 

described in paragraph (1), and an identification of priorities in addressing such areas of vulnerability. 

(B) A schedule for the actions to be taken by the 

Department to address such areas of vulnerability. 

(C) A strategy for working with other public or private 

sector entities to address such areas of vulnerability that 

are beyond the control of the Department. 

(D) An estimate of and consideration for the costs 

to the Department associated with implementation of the 

strategy. 

(b) WORK WITH NON-DEPARTMENT OF DEFENSE ENTITIES.— 

The Secretary of Defense shall work with other Federal entities, 

and with State and local government entities, to develop any regulations or other mechanisms needed to require or encourage actions 

to address areas of vulnerability identified pursuant to the plan 

developed under subsection (a) that are beyond the control of the 

Department of Defense. 

Deadline. 

10 USC 2911 

note. 


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123 STAT. 2260 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle E—Reports 

SEC. 341. ANNUAL REPORT ON PROCUREMENT OF MILITARY WORKING 

DOGS. 

Section 358 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4427; 

10 U.S.C. 2302 note) is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) ANNUAL REPORT.—Not later than 90 days after the date 

of the enactment of the National Defense Authorization Act for 

Fiscal Year 2010, and annually thereafter for each of the following 

five years, the Secretary, acting through the Executive Agent, shall 

submit to the congressional defense committees a report on the 

procurement of military working dogs for the fiscal year preceding 

the fiscal year during which the report is submitted. Such a report 

may be combined with the report required under section 2583(f) 

of title 10, United States Code, for the same fiscal year as the 

fiscal year covered by the report under this subsection. Each report 

under this subsection shall include the following for the fiscal 

year covered by the report: 

‘‘(1) The number of military working dogs procured, by 

source, by each military department or Defense Agency. 

‘‘(2) The cost of procuring military working dogs incurred 

by each military department or Defense Agency. 

‘‘(3) An explanation for any significant difference in the 

cost of procuring military working dogs from different sources.’’. 

SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACHMENT AT 

TRAINING RANGES. 

Not later than one year after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report that includes the following: 

(1) An assessment of the extent to which vegetation and 

overgrowth limits the use of military lands available for 

training of the Armed Forces in the United States and overseas. 

(2) An identification of the particular installations and 

training areas at which vegetation and overgrowth negatively 

impact the use of training space. 

(3) A plan to address training constraints caused by vegetation and overgrowth. 

SEC. 343. COMPTROLLER GENERAL REPORT ON THE SUSTAINMENT 

STRATEGY FOR THE AV-8B HARRIER AIRCRAFT. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General shall submit 

to the congressional defense committees a report on the sustainment 

strategy for the AV-8B Harrier aircraft. 

(b) MATTERS COVERED.—The report under subsection (a) shall 

include, at a minimum, each of the following: 

(1) An assessment of the AV-8B Integrated Maintenance 

Concept, including the acquisition strategy developed to conduct 

planned maintenance interval events. 

(2) An evaluation of the process and criteria established 

to determine the assignment of non-core workload. 

Reports. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2261 

(3) An examination of the role of the single process owner 

in distribution of non-core workload, standardization of workload processes, facilitation of public-private partnering, 

implementation of lessons learned, and execution of contracting 

authority. 

(4) An evaluation of the execution of responsibilities by 

the single process owner to reduce planned maintenance 

interval turn-around time, to reduce cost, to improve material 

availability, and to ensure necessary logistics and engineering 

functions are in place to meet objective goals. 

SEC. 344. STUDY ON ARMY MODULARITY. 

(a) STUDY.— (1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

enter into a contract with a Federally Funded Research and 

Development Center for the conduct of a study on the current 

and planned modularity structures of the Army to determine 

each of the following: 

(A) The operational capability of the Army to execute 

the core mission of the Army to contribute land power 

to joint operations. 

(B) The ability to manage the flexibility and versatility 

of Army forces across the range of military operations. 

(C) The tactical, operational, and strategic risk associated with the heavy, medium, and light modular combat 

brigades and functional support and sustainment brigades. 

(D) The required and planned end strength for the 

Army. 

(2) FACTORS TO CONSIDER.—The study required under subsection (a) shall take into consideration the following factors: 

(A) The historical experience of the Army with separate 

brigade structures. 

(B) The original Army analysis or other relevant analyses, including explicit or implicit assumptions, upon which 

the modular brigade combat team, functional support and 

sustainment brigades, and higher headquarters’ designs 

were based. 

(C) Subsequent analysis that confirmed or modified 

the original designs. 

(D) Lessons learned from Operation Iraqi Freedom and 

Operation Enduring Freedom, including an identification 

and analysis of how modular brigades or formations were 

task organized and employed that may have differed from 

the original modular concept and how that confirmed or 

modified the original designs. 

(E) Improvements the Army has made or is implementing in brigade and headquarters designs. 

(F) The deployability, employability, and sustainability 

of modular formations compared to the corresponding premodular designs of such formations. 

(3) ACCESS TO INFORMATION.—The Secretary of Defense 

and the Secretary of the Army shall ensure that the Federally 

Funded Research and Development Center conducting the 

study required under subsection (a) has access to all necessary 

data, records, analysis, personnel, and other resources necessary to complete the study. 

Contracts. 


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123 STAT. 2262 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) REPORT.— 

(1) IN GENERAL.—Not later than December 31, 2010, the 

Secretary of Defense shall submit to the congressional defense 

committees a report containing— 

(A) the results of the study conducted under subsection 

(a), together with the comments of the Secretary of Defense 

on the findings contained in the study; and 

(B) the separate and independent comments of the 

Secretary of the Army on the findings contained in the 

study. 

(2) CLASSIFIED ANNEX.—The report shall be in unclassified 

form, but may contain a classified annex. 

Subtitle F—Other Matters 

SEC. 351. AUTHORITY FOR AIRLIFT TRANSPORTATION AT DEPARTMENT OF DEFENSE RATES FOR NON-DEPARTMENT OF 

DEFENSE FEDERAL CARGOES. 

(a) IN GENERAL.—Section 2642(a) of title 10, United States 

Code, is amended by adding at the end the following new paragraph: 

‘‘(3) During the five-year period beginning on the date 

of the enactment of the National Defense Authorization Act 

for Fiscal Year 2010, for military airlift services provided to 

any element of the Federal Government outside the Department 

of Defense in circumstances other than those specified in paragraphs (1) and (2), but only if the Secretary of Defense determines that the provision of such services will promote the 

improved use of airlift capacity without any negative effect 

on the national security objectives or the national security 

interests contained within the United States commercial air 

industry.’’. 

(b) ANNUAL REPORT.—Not later than March 1 of each year 

for which the paragraph (3) of section 2642(a) of title 10, United 

States Code, as added by subsection (a), is in effect, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and House of Representatives an annual report 

describing, in detail, the Secretary’s use of the authority under 

that paragraph, including— 

(1) how the authority was used; 

(2) the frequency with which the authority was used; 

(3) the Secretary’s rationale for the use of the authority; 

and 

(4) for which agencies the authority was used. 

SEC. 352. POLICY ON GROUND COMBAT AND CAMOUFLAGE UTILITY 

UNIFORMS. 

(a) ESTABLISHMENT OF POLICY.—It is the policy of the United 

States that the design and fielding of all future ground combat 

and camouflage utility uniforms of the Armed Forces may uniquely 

reflect the identity of the individual military services, as long as 

such ground combat and camouflage utility uniforms, to the maximum extent practicable— 

(1) provide members of every military service an equivalent 

level of performance, functionality, and protection commensurate with their respective assigned combat missions; 

10 USC 771 note 

prec. 

Time period. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2263 

(2) minimize risk to the individual soldier, sailor, airman, 

or marine operating in the joint battlespace; and 

(3) provide interoperability with other components of individual war fighter systems, including body armor and other 

individual protective systems. 

(b) COMPTROLLER GENERAL ASSESSMENT.—The Comptroller 

General shall conduct an assessment of the ground combat uniforms 

and camouflage utility uniforms currently in use in the Department 

of Defense. The assessment shall examine, at a minimum, each 

of the following: 

(1) The overall performance of each uniform in various 

anticipated combat environments and theaters of operations. 

(2) Whether the uniform design of each uniform conforms 

adequately and is interoperable with currently issued personal 

protective gear and body armor. 

(3) Costs associated with the design, development, production, procurement, and fielding of existing service-specific 

ground combat and camouflage utility uniforms. 

(4) Challenges and risks associated with fielding members 

of the Armed Forces into combat theaters in unique or servicespecific ground combat or camouflage utility uniforms, including 

the tactical risk to the individuals serving in individual 

augmentee, in-lieu of force, or joint duty assignments of use 

of different ground combat uniforms in a combat environment. 

(5) Implications of the use of patents and other proprietary 

measures that may preclude sharing of technology, advanced 

uniform design, camouflage techniques, and fire retardence. 

(6) Logistical requirements to field and support forces in 

varying combat or utility uniforms. 

(c) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General shall submit 

to the congressional defense committees the results of the assessment conducted under subsection (b). 

(d) REQUIREMENT FOR JOINT CRITERIA.—In support of the policy 

established in subsection (a), the Secretaries of the military departments, consistent with the authority set out in subtitles B, C, 

and D of title 10, United States Code, shall establish joint criteria 

for future ground combat uniforms by not later than 270 days 

after the Comptroller General submits the report required under 

subsection (c). The joint criteria shall take into account the findings 

and recommendations of such report and ensure that new technologies, advanced materials, and other advances in ground combat 

uniform design may be shared between the military services and 

are not precluded from being adapted for use by any military 

service due to military service-unique proprietary arrangements. 

SEC. 353. CONDITION-BASED MAINTENANCE DEMONSTRATION PROGRAMS. 

(a) TACTICAL WHEELED VEHICLES PROGRAM.—The Secretary 

of the Army may conduct a 12-month condition-based maintenance 

demonstration program on selected vehicle systems that include 

on-board diagnostic systems suitable to such a demonstration program. 

(b) SURFACE COMBATANT SHIP PROGRAM.—The Secretary of the 

Navy may conduct a 12-month demonstration program on selected 

systems or components of surface combatant ships that include 

Deadline. 


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integral diagnostic systems suitable to such a demonstration program. 

(c) ISSUES TO BE ADDRESSED.—The demonstration programs 

described in subsections (a) and (b) shall address, with respect 

to each vehicle, system, or component for which the program is 

conducted— 

(1) the top 10 maintenance issues; 

(2) non-evidence of failures; and 

(3) the projected return on investment analysis for a 10- 

year period. 

(d) OPEN ARCHITECTURE.—The design, system integration, and 

operations of the demonstration programs described in subsections 

(a) and (b) shall be conducted with an open architecture designed 

to— 

(1) facilitate interface with industry standard computer 

languages, common software systems, diagnostics tools, reference models, diagnostics reasoners, electronic libraries, and 

user interfaces for multiple ship and vehicle types; and 

(2) promote competition and ensure the best overall value 

to the Department of Defense. 

(e) REPORT.—Not later than October 1, 2010, the Secretary 

of the Army and the Secretary of the Navy shall jointly submit 

to the congressional defense committees a report containing the 

assessments of each of the Secretaries with respect to whether 

the respective military department could reduce maintenance costs 

and improve operational readiness by implementing condition-based 

maintenance for the current and future tactical wheeled vehicle 

fleets and Navy surface combatants. 

SEC. 354. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. 

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note), as amended 

by section 341 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 69), is further amended— 

(1) in subsection (a), by striking ‘‘2010’’ and inserting 

‘‘2011’’; and 

(2) in subsection (g)(1), by striking ‘‘2010’’ and inserting 

‘‘2011’’. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Revision in permanent active duty end strength minimum levels. 

Sec. 403. Additional authority for increases of Army active-duty end strengths for 

fiscal years 2011 and 2012. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve. 

Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 

Sec. 413. End strengths for military technicians (dual status). 

Sec. 414. Fiscal year 2010 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active duty 

for operational support. 

Sec. 416. Submittal of options for creation of Trainees, Transients, Holdees, and 

Students account for the Army National Guard. 

Sec. 417. Report on requirements of the National Guard for non-dual status technicians. 


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Sec. 418. Expansion of authority of Secretaries of the military departments to increase certain end strengths to include Selected Reserve end strengths. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Repeal of delayed one-time shift of military retirement payments. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty 

personnel as of September 30, 2010, as follows: 

(1) The Army, 562,400. 

(2) The Navy, 328,800. 

(3) The Marine Corps, 202,100. 

(4) The Air Force, 331,700. 

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 

MINIMUM LEVELS. 

Section 691(b) of title 10, United States Code, is amended 

by striking paragraphs (1) through (4) and inserting the following 

new paragraphs: 

‘‘(1) For the Army, 547,400. 

‘‘(2) For the Navy, 328,800. 

‘‘(3) For the Marine Corps, 202,100. 

‘‘(4) For the Air Force, 331,700.’’. 

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVEDUTY END STRENGTHS FOR FISCAL YEARS 2011 AND 2012. 

(a) AUTHORITY TO INCREASE ARMY ACTIVE-DUTY END

STRENGTHS.— 

(1) AUTHORITY.—For each of fiscal years 2011 and 2012, 

the Secretary of Defense may, as the Secretary determines 

necessary for the purposes specified in paragraph (2), establish 

the active-duty end strength for the Army at a number greater 

than the number otherwise authorized by law up to the number 

equal to the fiscal-year 2010 baseline plus 30,000. 

(2) PURPOSE OF INCREASES.—The purposes for which 

increases may be made in Army active-duty end strengths 

under paragraph (1) are— 

(A) to support operational missions; and 

(B) to achieve reorganizational objectives, including 

increased unit manning, force stabilization and shaping, 

and supporting wounded warriors. 

(3) FISCAL-YEAR 2010 BASELINE.—In this subsection, the 

term ‘‘fiscal-year 2010 baseline’’, means the active-duty end 

strength authorized for the Army in section 401(1). 

(4) ACTIVE-DUTY END STRENGTH.—In this subsection, the 

term ‘‘active-duty end strength’’ means the strength for activeduty personnel of one the Armed Forces as of the last day 

of a fiscal year. 

(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AUTHORITY.— Nothing in this section shall be construed to limit the President’s 

authority under section 123a of title 10, United States Code, to 

waive any statutory end strength in a time of war or national 

emergency. 

(c) RELATIONSHIP TO OTHER VARIANCE AUTHORITY.—The 

authority under subsection (a) is in addition to the authority to 


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vary authorized end strengths that is provided in subsections (e) 

and (f) of section 115 of title 10, United States Code. 

(d) BUDGET TREATMENT.—If the Secretary of Defense determines under subsection (a) that an increase in the Army activeduty end strength for a fiscal year is necessary, then the budget 

for the Department of Defense for that fiscal year as submitted 

to the President shall include the amounts necessary for funding 

that active-duty end strength in excess of the fiscal year 2010 

active-duty end strength authorized for the Army under section 

401(1). 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of 

September 30, 2010, as follows: 

(1) The Army National Guard of the United States, 358,200. 

(2) The Army Reserve, 205,000. 

(3) The Navy Reserve, 65,500. 

(4) The Marine Corps Reserve, 39,600. 

(5) The Air National Guard of the United States, 106,700. 

(6) The Air Force Reserve, 69,500. 

(7) The Coast Guard Reserve, 10,000. 

(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 

by subsection (a) for the Selected Reserve of any reserve component 

shall be proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which 

are on active duty (other than for training) at the end of 

the fiscal year; and 

(2) the total number of individual members not in units 

organized to serve as units of the Selected Reserve of such 

component who are on active duty (other than for training 

or for unsatisfactory participation in training) without their 

consent at the end of the fiscal year. 

(c) END STRENGTH INCREASES.—Whenever units or individual 

members of the Selected Reserve of any reserve component are 

released from active duty during any fiscal year, the end strength 

prescribed for such fiscal year for the Selected Reserve of such 

reserve component shall be increased proportionately by the total 

authorized strengths of such units and by the total number of 

such individual members. 

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the 

reserve components of the Armed Forces are authorized, as of 

September 30, 2010, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 32,060. 

(2) The Army Reserve, 16,261. 

(3) The Navy Reserve, 10,818. 

(4) The Marine Corps Reserve, 2,261. 


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(5) The Air National Guard of the United States, 14,555. 

(6) The Air Force Reserve, 2,896. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 

STATUS). 

The minimum number of military technicians (dual status) 

as of the last day of fiscal year 2010 for the reserve components 

of the Army and the Air Force (notwithstanding section 129 of 

title 10, United States Code) shall be the following: 

(1) For the Army Reserve, 8,395. 

(2) For the Army National Guard of the United States, 

27,210. 

(3) For the Air Force Reserve, 10,417. 

(4) For the Air National Guard of the United States, 22,313. 

SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF NON-DUAL 

STATUS TECHNICIANS. 

(a) LIMITATIONS.— 

(1) NATIONAL GUARD.—Within the limitation provided in 

section 10217(c)(2) of title 10, United States Code, the number 

of non-dual status technicians employed by the National Guard 

as of September 30, 2010, may not exceed the following: 

(A) For the Army National Guard of the United States, 

1,600. 

(B) For the Air National Guard of the United States, 

350. 

(2) ARMY RESERVE.—The number of non-dual status technicians employed by the Army Reserve as of September 30, 2010, 

may not exceed 595. 

(3) AIR FORCE RESERVE.—The number of non-dual status 

technicians employed by the Air Force Reserve as of September 

30, 2010, may not exceed 90. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 

During fiscal year 2010, the maximum number of members 

of the reserve components of the Armed Forces who may be serving 

at any time on full-time operational support duty under section 

115(b) of title 10, United States Code, is the following: 

(1) The Army National Guard of the United States, 17,000. 

(2) The Army Reserve, 13,000. 

(3) The Navy Reserve, 6,200. 

(4) The Marine Corps Reserve, 3,000. 

(5) The Air National Guard of the United States, 16,000. 

(6) The Air Force Reserve, 14,000. 

SEC. 416. SUBMITTAL OF OPTIONS FOR CREATION OF TRAINEES, TRANSIENTS, HOLDEES, AND STUDENTS ACCOUNT FOR THE 

ARMY NATIONAL GUARD. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Army shall 

submit to the congressional defense committees a report evaluating 

options, and including a recommendation, for the creation of a 

Trainees, Transients, Holdees, and Students Account within the 

Army National Guard. 


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123 STAT. 2268 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) ELEMENTS.—The report required by subsection (a) shall 

address, at a minimum, the following: 

(1) The timelines, cost, force structure changes, and end 

strength changes associated with each option specified in the 

report. 

(2) The force structure and end strength changes and 

growth of the Army National Guard needed to support the 

account referred to in subsection (a). 

(3) An assessment of how the creation of such an account 

may affect plans under the Grow the Force initiative. 

(4) An assessment of the impact of such an account on 

readiness and training ratings for Army National Guard forces. 

SEC. 417. REPORT ON REQUIREMENTS OF THE NATIONAL GUARD FOR 

NON-DUAL STATUS TECHNICIANS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report setting forth the following: 

(1) A description of the types of duties performed for the 

National Guard by non-dual status technicians. 

(2) A description of the current requirements of the 

National Guard for non-dual status technicians. 

(3) A description of various means of addressing any shortfalls in meeting such requirements, including both temporary 

shortfalls and permanent shortfalls. 

(4) A description of the demands of the National Guard 

for non-dual status technicians under the current operational 

tempo, and a description of the current and anticipated 

demands of the National Guard for non-dual status technicians 

as a result of the National Guard moving from a reserve force 

to an operational force. 

(5) An assessment whether an increase in the limit on 

the number of non-dual status technicians for the National 

Guard is advisable. 

(6) Such specific recommendations, including recommendations for legislative action, as the Secretary of Defense considers 

appropriate regarding future requirements and numbers of nondual status technicians that are required to manage and support the National Guard. 

(b) CONSIDERATIONS.—The report required by subsection (a) 

shall take into consideration the effects of the mobilization of large 

numbers of National Guard military technicians (dual status) on 

the readiness of National Guard units in critically important areas 

and on the capacity of the National Guard to continue performing 

home-based missions and responsibilities for the States. 

SEC. 418. EXPANSION OF AUTHORITY OF SECRETARIES OF THE MILITARY DEPARTMENTS TO INCREASE CERTAIN END 

STRENGTHS TO INCLUDE SELECTED RESERVE END 

STRENGTHS. 

Subsection (g) of section 115 of title 10, United States Code, 

is amended to read as follows: 

‘‘(g) AUTHORITY FOR SERVICE SECRETARY VARIANCES FOR

ACTIVE-DUTY AND SELECTED RESERVE END STRENGTHS.—(1) Upon 

determination by the Secretary of a military department that such 

action would enhance manning and readiness in essential units 

or in critical specialties or ratings, the Secretary may— 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2269 

‘‘(A) increase the end strength authorized pursuant to subsection (a)(1)(A) for a fiscal year for the armed force under 

the jurisdiction of that Secretary or, in the case of the Secretary 

of the Navy, for any of the armed forces under the jurisdiction 

of that Secretary, by a number equal to not more than 2 

percent of such authorized end strength; and 

‘‘(B) increase the end strength authorized pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the 

reserve component of the armed force under the jurisdiction 

of that Secretary or, in the case of the Secretary of the Navy, 

for the Selected Reserve of the reserve component of any of 

the armed forces under the jurisdiction of that Secretary, by 

a number equal to not more than 2 percent of such authorized 

end strength. 

‘‘(2) Any increase under paragraph (1)(A) of the end strength 

for an armed force for a fiscal year shall be counted as part of 

the increase for that armed force for that fiscal year authorized 

under subsection (f)(1). Any increase under paragraph (1)(B) of 

the end strength for the Selected Reserve of a reserve component 

of an armed force for a fiscal year shall be counted as part of 

the increase for that Selected Reserve for that fiscal year authorized 

under subsection (f)(3).’’. 

Subtitle C—Authorization of 

Appropriations 

SEC. 421. MILITARY PERSONNEL. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is hereby 

authorized to be appropriated to the Department of Defense for 

military personnel for fiscal year 2010 a total of $136,016,281,000. 

(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 

appropriations in subsection (a) supersedes any other authorization 

of appropriations (definite or indefinite) for such purpose for fiscal 

year 2010. 

SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILITARY RETIREMENT PAYMENTS. 

(a) REPEAL.—Section 1002 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4581) is repealed. 

(b) EFFECT ON EARLIER TRANSFER.—The repeal of section 1002 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 by subsection (a) shall not affect the validity of the 

transfer of funds made pursuant to subsection (e) of such section 

before the date of the enactment of this Act. 

TITLE V—MILITARY PERSONNEL 

POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. 

Sec. 502. Modification of limitations on general and flag officers on active duty. 

Sec. 503. Revisions to annual reporting requirement on joint officer management. 

Sec. 504. Extension of temporary increase in maximum number of days leave members may accumulate and carryover. 


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Sec. 505. Computation of retirement eligibility for enlisted members of the Navy 

who complete the Seaman to Admiral (STA–21) officer candidate program. 

Sec. 506. Independent review of judge advocate requirements of the Department of 

the Navy. 

Subtitle B—General Service Authorities 

Sec. 511. Continuation on active duty of reserve component members during physical disability evaluation following mobilization and deployment. 

Sec. 512. Medical examination required before administrative separation of members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury. 

Sec. 513. Legal assistance for additional reserve component members. 

Sec. 514. Limitation on scheduling of mobilization or pre-mobilization training for 

Reserve units when certain suspension of training is likely. 

Sec. 515. Evaluation of test of utility of test preparation guides and education programs in improving qualifications of recruits for the Armed Forces. 

Sec. 516. Report on presence in the Armed Forces of members associated or affiliated with groups engaged in prohibited activities. 

Subtitle C—Education and Training 

Sec. 521. Detail of commissioned officers as students at schools of psychology. 

Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve 

Officers’ Training Corps at military junior colleges as cadets in Army 

Reserve or Army National Guard of the United States. 

Sec. 523. Expansion of criteria for appointment as member of the Board of Regents 

of the Uniformed Services University of the Health Sciences. 

Sec. 524. Use of Armed Forces Health Professions Scholarship and Financial Assistance program to increase number of health professionals with skills 

to assist in providing mental health care. 

Sec. 525. Department of Defense undergraduate nurse training program. 

Sec. 526. Increase in number of private sector civilians authorized for admission to 

National Defense University. 

Sec. 527. Appointments to military service academies from nominations made by 

Delegate from the Commonwealth of the Northern Mariana Islands. 

Sec. 528. Athletic association for the Air Force Academy. 

Sec. 529. Language training centers for members of the Armed Forces and civilian 

employees of the Department of Defense. 

Subtitle D—Defense Dependents’ Education 

Sec. 531. Continuation of authority to assist local educational agencies that benefit 

dependents of members of the Armed Forces and Department of Defense 

civilian employees. 

Sec. 532. Impact aid for children with severe disabilities. 

Sec. 533. Two-year extension of authority for assistance to local educational agencies with enrollment changes due to base closures, force structure 

changes, or force relocations. 

Sec. 534. Authority to extend eligibility for enrollment in Department of Defense elementary and secondary schools to certain additional categories of dependents. 

Sec. 535. Permanent authority for enrollment in defense dependents’ education system of dependents of foreign military members assigned to Supreme 

Headquarters Allied Powers, Europe. 

Sec. 536. Determination of number of weighted student units for local educational 

agencies for receipt of basic support payments under impact aid. 

Sec. 537. Study on options for educational opportunities for dependent children of 

members of the Armed Forces when public schools attended by such 

children are determined to need improvement. 

Sec. 538. Comptroller General audit of assistance to local educational agencies for 

dependent children of members of the Armed Forces. 

Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity 

for Military Children. 

Subtitle E—Missing or Deceased Persons 

Sec. 541. Additional requirements for accounting for members of the Armed Forces 

and Department of Defense civilian employees listed as missing in conflicts occurring before enactment of new system for accounting for missing persons. 

Sec. 542. Policy and procedures on media access and attendance by family members 

at ceremonies for the dignified transfer of remains of members of the 

Armed Forces who die overseas. 


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Sec. 543. Report on expansion of authority of a member to designate persons to direct disposition of the remains of a deceased member. 

Sec. 544. Sense of Congress on the recovery of the remains of members of the 

Armed Forces who were killed during World War II in the battle of 

Tarawa Atoll. 

Subtitle F—Decorations and Awards 

Sec. 551. Authorization and request for award of Medal of Honor to Anthony T. 

Kaho’ohanohano for acts of valor during the Korean War. 

Sec. 552. Authorization and request for award of Distinguished-Service Cross to 

Jack T. Stewart for acts of valor during the Vietnam War. 

Sec. 553. Authorization and request for award of Distinguished-Service Cross to 

William T. Miles, Jr., for acts of valor during the Korean War. 

Subtitle G—Military Family Readiness Matters 

Sec. 561. Establishment of online resources to provide information about benefits 

and services available to members of the Armed Forces and their families. 

Sec. 562. Additional members on Department of Defense Military Family Readiness 

Council. 

Sec. 563. Support for military families with special needs. 

Sec. 564. Pilot program to secure internships for military spouses with Federal 

agencies. 

Sec. 565. Family and medical leave for family of servicemembers. 

Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense 

Task Force on Sexual Assault in the Military Services. 

Sec. 567. Improved prevention and response to allegations of sexual assault involving members of the Armed Forces. 

Sec. 568. Comptroller General report on progress made in implementing recommendations to reduce domestic violence in military families. 

Sec. 569. Report on impact of domestic violence on military families. 

Sec. 570. Report on international intrafamilial abduction of children of members of 

the Armed Forces. 

Sec. 571. Assessment of impact of deployment of members of the Armed Forces on 

their dependent children. 

Sec. 572. Report on child custody litigation involving service of members of the 

Armed Forces. 

Sec. 573. Comptroller General report on child care assistance for members of the 

Armed Forces. 

Subtitle H—Military Voting 

Sec. 575. Short title. 

Sec. 576. Clarification regarding delegation of State responsibilities to local jurisdictions. 

Sec. 577. Establishment of procedures for absent uniformed services voters and 

overseas voters to request and for States to send voter registration applications and absentee ballot applications by mail and electronically. 

Sec. 578. Establishment of procedures for States to transmit blank absentee ballots 

by mail and electronically to absent uniformed services voters and overseas voters. 

Sec. 579. Ensuring absent uniformed services voters and overseas voters have time 

to vote. 

Sec. 580. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. 

Sec. 581. Federal write-in absentee ballot. 

Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and Federal write-in absentee ballots 

for failure to meet certain requirements. 

Sec. 583. Federal Voting Assistance Program Improvements. 

Sec. 584. Development of standards for reporting and storing certain data. 

Sec. 585. Repeal of provisions relating to use of single application for all subsequent elections. 

Sec. 586. Reporting requirements. 

Sec. 587. Annual report on enforcement. 

Sec. 588. Requirements payments. 

Sec. 589. Technology pilot program. 

Subtitle I—Other Matters 

Sec. 591. Clarification of performance policies for military musical units and musicians. 

Sec. 592. Navy grants for purposes of Naval Sea Cadet Corps. 


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Sec. 593. Modification of matching fund requirements under National Guard Youth 

Challenge Program. 

Sec. 594. Expansion of Military Leadership Diversity Commission to include reserve component representatives. 

Sec. 595. Expansion of suicide prevention and community healing and response 

training under the Yellow Ribbon Reintegration Program. 

Sec. 596. Comprehensive plan on prevention, diagnosis, and treatment of substance 

use disorders and disposition of substance abuse offenders in the Armed 

Forces. 

Sec. 597. Reports on Yellow Ribbon Reintegration Program and other reintegration 

programs. 

Sec. 598. Reports on progress in completion of certain incident information management tools. 

Subtitle A—Officer Personnel Policy 

SEC. 501. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF THE 

JOINT CHIEFS OF STAFF. 

(a) IN GENERAL.—Section 156(c) of title 10, United States Code, 

is amended by striking ‘‘, while so serving, hold the’’ and inserting 

‘‘be appointed in the regular’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act, and 

shall apply with respect to individuals appointed as Legal Counsel 

to the Chairman of the Joint Chiefs of Staff on or after that 

date. 

SEC. 502. MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG 

OFFICERS ON ACTIVE DUTY. 

(a) REPORT ON STATUTES EXCLUDING CERTAIN OFFICERS ON

ACTIVE DUTY IN GENERAL AND FLAG OFFICER GRADES FROM LIMITATIONS ON AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS

ON ACTIVE DUTY.—Not later than April 1, 2010, the Secretary 

of Defense shall submit to the Committees on Armed Forces of 

the Senate and the House of Representatives a report setting forth 

the following: 

(1) An assessment of the provisions of title 10, United 

States Code, that exclude commissioned officers of the Armed 

Forces on active duty in general officer and flag officer grades 

from the limitations on the authorized strengths of general 

and flag officers, including— 

(A) a list of each such provision; and 

(B) for each such provision— 

(i) a statement whether such provision is redundant or necessary in light of recent legislation on such 

provision or related provisions; and 

(ii) an assessment of the impact of the repeal of 

such provision on the Department of Defense. 

(2) A specific, comprehensive description of the legislative 

actions, including technical and conforming changes, necessary 

to conform sections 525, 526, and 528 of title 10, United States 

Code (and any other applicable provisions of such title), with 

the assessment required by paragraph (1) with a view towards 

increasing the transparency and comprehensiveness on the 

number of general and flag officers serving on active duty. 

(3) An assessment of the following: 

(A) Whether the authorized numbers of general and 

flag officers in an active status under section 12004(a) 

of title 10, United States Code, are adequate to provide 

10 USC 156 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2273 

the reserve components with a sufficient number of general 

and flag officers in an active status in order to meet 

increased authorizations for active duty service. 

(B) Whether such numbers of general and flag officers 

provide the general and flag officers of the reserve components with appropriate opportunities for joint responsibility 

and joint officer development while simultaneously meeting 

reserve active-status requirements 

(C) Whether legislative action with respect to section 

12004(a) of title 10, United States Code, is necessary to 

achieve the purposes specified in subparagraphs (A) and 

(B) and, if so, a specific, comprehensive description of such 

legislative actions. 

(4) An assessment of the following: 

(A) Whether the requirements for general and flag 

officer positions resulting from recommendations for statutory authority to specify the grade of the Chief of the 

Navy Dental Corps, the Chief and Deputy Chief of Chaplains in the Air Force, the Chief of the Army Medical 

Specialist Corps, and to establish the position of Vice Chief 

of the National Guard Bureau, are necessary in light of 

recent legislative modifications of applicable provisions of 

law. 

(B) The impact on the Department of each provision. 

(C) If supported, the necessary technical and conforming changes that may be necessary to conform sections 

535, 526, 528, and 12004 of title 10, United States Code, 

to increase the transparency and comprehensiveness of 

the number of general and flag officers on active duty 

or in an active status. 

(b) CLARIFICATION OF DISTRIBUTION LIMITS.—Section 525 of 

title 10, United States Code, is amended by striking subsections 

(a) and (b) and inserting the following new subsections: 

‘‘(a) For purposes of the applicable limitation in section 526(a) 

of this title on general and flag officers on active duty, no appointment of an officer on the active duty list may be made as follows: 

‘‘(1) in the Army, if that appointment would result in more 

than— 

‘‘(A) 7 officers in the grade of general; 

‘‘(B) 45 officers in a grade above the grade of major 

general; or 

‘‘(C) 90 officers in the grade of major general; 

‘‘(2) in the Air Force, if that appointment would result 

in more than— 

‘‘(A) 9 officers in the grade of general; 

‘‘(B) 43 officers in a grade above the grade of major 

general; or 

‘‘(C) 73 officers in the grade of major general; 

‘‘(3) in the Navy, if that appointment would result in more 

than— 

‘‘(A) 6 officers in the grade of admiral; 

‘‘(B) 32 officers in a grade above the grade of rear 

admiral; or 

‘‘(C) 50 officers in the grade of rear admiral; 

‘‘(4) in the Marine Corps, if that appointment would result 

in more than— 

‘‘(A) 2 officers in the grade of general; 


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123 STAT. 2274 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(B) 15 officers in a grade above the grade of major 

general; or 

‘‘(C) 22 officers in the grade of major general. 

‘‘(b)(1) The limitations of subsection (a) do not include the 

following: 

‘‘(A) An officer released from a joint duty assignment, but 

only during the 60-day period beginning on the date the officer 

departs the joint duty assignment, except that the Secretary 

of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, 

but no more than 3 officers from each armed forces may be 

on active duty who are excluded under this subparagraph. 

‘‘(B) An officer while serving in the position of Staff Judge 

Advocate to the Commandant of the Marine Corps under section 

5046 of this title. 

‘‘(C) The number of officers required to serve in joint duty 

assignments as authorized by the Secretary of Defense under 

section 526(b) for each military service. 

‘‘(D) An officer while serving as Chief of the National 

Guard Bureau. 

‘‘(2) An officer of the Army while serving as Superintendent 

of the United States Military Academy, if serving in the grade 

of lieutenant general, is in addition to the number that would 

otherwise be permitted for the Army for officers serving on active 

duty in grades above major general under subsection (a). An officer 

of the Navy or Marine Corps while serving as Superintendent 

of the United States Naval Academy, if serving in the grade of 

vice admiral or lieutenant general, is in addition to the number 

that would otherwise be permitted for the Navy or Marine Corps, 

respectively, for officers serving on active duty in grades above 

major general or rear admiral under subsection (a). An officer 

while serving as Superintendent of the United States Air Force 

Academy, if serving in the grade of lieutenant general, is in addition 

to the number that would otherwise be permitted for the Air Force 

for officers serving on active duty in grades above major general 

under subsection (a).’’. 

(c) CLARIFICATION ON OFFSETTING REDUCTIONS.—Subsection (c) 

of such section is amended— 

(1) in paragraph (1)— 

(A) by amending subparagraph (A) to read as follows: 

‘‘(A) may make appointments in the Army, Air Force, and 

Marine Corps in the grades of lieutenant general and general 

in excess of the applicable numbers determined under this 

section if each such appointment is made in conjunction with 

an offsetting reduction under paragraph (2); and’’; and 

(B) in subparagraph (B), by striking ‘‘subsection (b)(2)’’ 

and inserting ‘‘this section’’; 

(2) in paragraph (3)(A), by striking ‘‘the number equal 

to 10 percent of the total number of officers that may be 

serving on active duty in those grades in the Army, Navy, 

Air Force, and Marine Corps under subsection (b)’’ and inserting 

‘‘15’’; and 

(3) in paragraph (3)(B), by striking ‘‘the number equal 

to 15 percent of the total number of officers that may be 

serving on active duty in those grades in the Army, Navy, 

Air Force, and Marine Corps’’ and inserting ‘‘5’’. 

Time periods. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2275 

(d) OTHER DISTRIBUTION CLARIFICATIONS.—Such section is further amended— 

(1) in subsection (e), by striking ‘‘In determining the total 

number of general officers or flag officers of an armed force 

on active duty for purposes of this section, the following officers 

shall not be counted:’’ in the matter preceding paragraph (1) 

and inserting ‘‘The following officers shall not be counted for 

purposes of this section:’’; and 

(2) by adding at the end the following new subsection: 

‘‘(g)(1) The limitations of this section do not apply to a reserve 

component general or flag officer who is on active duty for a period 

in excess of 365 days, but not to exceed three years, except that 

the number of officers from each reserve component who are covered 

by this subsection and is not serving in a position that is a joint 

duty assignment for purposes of chapter 38 of this title may not 

exceed 5 per component, unless authorized by the Secretary of 

Defense 

‘‘(2) The exception in paragraph (1) does apply to the position 

of Chief of the National Guard Bureau. 

‘‘(3) Not later than 30 days after authorizing a number of 

reserve component general or flag officers in excess of the number 

specified in paragraph (1), the Secretary of Defense shall notify 

the Committees on Armed Services of the Senate and the House 

of Representatives of such authorization, and shall include with 

such notice a statement of the reason for such authorization.’’. 

(e) CHANGE TO AUTHORIZED STRENGTHS.—Subsection (a) of section 526 of such title is amended— 

(1) in paragraph (1), by striking ‘‘307’’ and inserting ‘‘230’’; 

(2) in paragraph (2), by striking ‘‘216’’ and inserting ‘‘160’’; 

(3) in paragraph (3), by striking ‘‘279’’ and inserting ‘‘208’’; 

and 

(4) in paragraph (4), by striking ‘‘81’’ and inserting ‘‘60’’. 

(f) CHANGES TO LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS.—Subsection (b) of such section is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘Chairman of the Joint Chiefs of Staff’’ 

and inserting ‘‘Secretary of Defense’’; 

(B) by striking ‘‘65’’ and inserting ‘‘324’’; and 

(C) by striking the second sentence and inserting the 

following new sentence: ‘‘The Secretary of Defense shall 

allocate those exclusions to the armed forces based on 

the number of general or flag officers required from each 

armed force for assignment to these designated positions.’’; 

(2) by redesignating paragraph (2) as paragraph (5); and 

(3) by inserting after paragraph (1) the following new paragraphs: 

‘‘(2) Unless the Secretary of Defense determines that a lower 

number is in the best interest of the Department, the minimum 

number of officers serving in positions designated under paragraph 

(1) for each armed force shall be as follows: 

‘‘(A) For the Army, 85. 

‘‘(B) For the Navy, 61. 

‘‘(C) For the Air Force, 76. 

‘‘(D) For the Marine Corps, 21. 

‘‘(3) The number excluded under paragraph (1) and serving 

in positions designated under that paragraph— 

Deadline. 

Notification. 

Applicability. 


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123 STAT. 2276 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(A) in the grade of general or admiral may not exceed 

20; 

‘‘(B) in a grade above the grade of major general or rear 

admiral may not exceed 68; and 

‘‘(C) in the grade of major general or rear admiral may 

not exceed 144. 

‘‘(4) Not later than 30 days after determining to raise or lower 

a number specified in paragraph (2), the Secretary of Defense 

shall notify the Committees on Armed Services of the Senate and 

the House of Representatives of such determination.’’. 

(g) OTHER AUTHORIZATION CLARIFICATIONS.—Such section is 

further amended— 

(1) in subsection (d), by adding at the end the following 

new paragraph: 

‘‘(3) The limitations of this section do not apply to a reserve 

component general or flag officer who is on active duty for a period 

in excess of 365 days but not to exceed three years, except that 

the number of such officers from each reserve component who 

are covered by this paragraph and not serving in a position that 

is a joint duty assignment for purposes of chapter 38 of this title 

may not exceed 5 per component, unless authorized by the Secretary 

of Defense.’’; and 

(2) by adding at the end the following new subsections: 

‘‘(g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO CERTAIN TEMPORARY BILLETS.—(1) The limitations in subsection (a) and in section 525(a) of this title do not apply to a general or flag officer 

assigned to a temporary joint duty assignment designated by the 

Secretary of Defense. 

‘‘(2) A general or flag officer assigned to a temporary joint 

duty assignment as described in paragraph (1) may not be excluded 

under this subsection from the limitations in subsection (a) for 

a period of longer than one year. 

‘‘(h) EXCLUSION OF OFFICERS DEPARTING FROM JOINT DUTY

ASSIGNMENTS.—The limitations in subsection (a) do not apply to 

an officer released from a joint duty assignment, but only during 

the 60-day period beginning on the date the officer departs the 

joint duty assignment. The Secretary of Defense may authorize 

the Secretary of a military department to extend the 60-day period 

by an additional 120 days, except that not more than three officers 

on active duty from each armed force may be covered by an extension under this sentence at the same time.’’. 

(h) EXCLUSION OF RESERVE OFFICERS DEPARTING FROM JOINT

OR OTHER ACTIVE DUTY ASSIGNMENTS.—Section 12004 of such title 

is amended by adding at the end the following new subsection: 

‘‘(f) The limitations in subsection (a) do not apply to an officer 

released from a joint duty assignment or other non-joint active 

duty assignment, but only during the 60-day period beginning on 

the date the officer departs the joint duty or other active duty 

assignment. The Secretary of Defense may authorize the Secretary 

of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers in an 

active status from each reserve component may be covered by 

an extension under this sentence at the same time.’’. 

(i) REPEAL OF LIMITATIONS ON GENERAL AND FLAG OFFICER

ACTIVITIES OUTSIDE THE OFFICER’S OWN SERVICE.— 

(1) REPEAL.—Section 721 of such title is repealed. 

Time periods. 

Deadline. 

Notification. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2277 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 41 of such title is amended by striking 

the item relating to section 721. 

(j) REPEAL OF SUPERSEDED AUTHORITY.—Section 506 of the 

Duncan Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 122 Stat. 4434; 10 U.S.C. 525 note) 

is repealed. 

SEC. 503. REVISIONS TO ANNUAL REPORTING REQUIREMENT ON JOINT 

OFFICER MANAGEMENT. 

Section 667 of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘and their education and experience’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(C) A comparison of the number of officers who were 

designated as a joint qualified officer who had served in a 

Joint Duty Assignment List billet and completed Joint Professional Military Education Phase II, with the number designated 

as a joint qualified officer based on their aggregated joint 

experiences and completion of Joint Professional Military Education Phase II.’’; 

(2) by striking paragraphs (3), (4), (6), and (12); 

(3) by redesignating paragraph (5) as paragraph (3); 

(4) by redesignating paragraphs (7) through (11) as paragraphs (4) through (8), respectively; 

(5) by inserting after paragraph (8), as so redesignated, 

the following new paragraph: 

‘‘(9) With regard to the principal courses of instruction 

for Joint Professional Military Education Level II, the number 

of officers graduating from each of the following: 

‘‘(A) The Joint Forces Staff College. 

‘‘(B) The National Defense University. 

‘‘(C) Senior Service Schools.’’; and 

(6) by redesignating paragraph (13) as paragraph (10). 

SEC. 504. EXTENSION OF TEMPORARY INCREASE IN MAXIMUM 

NUMBER OF DAYS LEAVE MEMBERS MAY ACCUMULATE 

AND CARRYOVER. 

Section 701(d) of title 10, United States Code, is amended 

by striking ‘‘December 31, 2010’’ and inserting ‘‘September 30, 

2013’’. 

SEC. 505. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED 

MEMBERS OF THE NAVY WHO COMPLETE THE SEAMAN 

TO ADMIRAL (STA–21) OFFICER CANDIDATE PROGRAM. 

Section 6328 of title 10, United States Code, is amended by 

adding the following new subsection: 

‘‘(c) TIME SPENT IN SEAMAN TO ADMIRAL PROGRAM.—The 

months of active service in pursuit of a baccalaureate-level degree 

under the Seaman to Admiral (STA–21) program of the Navy of 

officer candidates selected for the program on or after the date 

of the enactment of the National Defense Authorization Act for 

Fiscal Year 2010 shall be excluded in computing the years of service 

of an officer who was appointed to the grade of ensign in the 

Navy upon completion of the program to determine the eligibility 

of the officer for retirement, unless the officer becomes subject 


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123 STAT. 2278 PUBLIC LAW 111–84—OCT. 28, 2009 

to involuntary separation or retirement due to physical disability. 

Such active service shall be counted in computing the years of 

active service of the officer for all other purposes.’’. 

SEC. 506. INDEPENDENT REVIEW OF JUDGE ADVOCATE REQUIREMENTS OF THE DEPARTMENT OF THE NAVY. 

(a) INDEPENDENT PANEL FOR REVIEW.— 

(1) ESTABLISHMENT.—There is hereby established an independent panel to review the judge advocate requirements of 

the Department of the Navy. 

(2) COMPOSITION.—The panel shall be composed of five 

members, appointed by the Secretary of Defense from among 

private United States citizens who have expertise in law, military manpower policies, the missions of the Armed Forces, 

or the current responsibilities of judge advocates in ensuring 

competent legal representation and advice to commanders. 

(3) CHAIR.—The chair of the panel shall be appointed by 

the Secretary from among the members of the panel appointed 

under paragraph (2). 

(4) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 

be appointed for the life of the panel. Any vacancy in the 

panel shall be filled in the same manner as the original appointment. 

(5) DEADLINE FOR APPOINTMENTS.—All original appointments to the panel shall be made not later than 180 days 

after the date of the enactment of this Act. 

(6) MEETINGS.—The panel shall meet at the call of the 

chair. 

(7) FIRST MEETING.—The chair shall call the first meeting 

of the panel not later than 60 days after the date of the 

appointment of all the members of the panel. 

(b) DUTIES.— 

(1) IN GENERAL.—The panel established under subsection 

(a) shall carry out a study of the policies and management 

and organizational practices of the Navy and Marine Corps 

with respect to the responsibilities, assignment, and career 

development of judge advocates for purposes of determining 

the number of judge advocates required to fulfill the legal 

mission of the Department of the Navy. 

(2) REVIEW.—In carrying out the study required by paragraph (1), the panel shall— 

(A) review the emergent operational law requirements 

of the Navy and Marine Corps, including requirements 

for judge advocates on joint task forces, in support of rule 

of law objectives in Iraq and Afghanistan, and in operational units; 

(B) review new requirements to support the Office 

of Military Commissions and to support the disability 

evaluation system for members of the Armed Forces; 

(C) review the judge advocate requirements of the 

Department of the Navy for the military justice mission, 

including assignment policies, training and education, 

increasing complexity of court-martial litigation, and the 

performance of the Navy and Marine Corps in providing 

legally sufficient post-trial processing of cases in general 

courts-martial and special courts-martial; 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2279 

(D) review the role of the Judge Advocate General 

of the Navy, as the senior uniformed legal officer of the 

Department of the Navy, to determine whether additional 

authority for the Judge Advocate General over manpower 

policies and assignments of judge advocates in the Navy 

and Marine Corps is warranted; 

(E) review directives issued by the Navy and the 

Marine Corps pertaining to jointly-shared missions 

requiring legal support; 

(F) review career patterns for Marine Corps judge advocates in order to identify and validate assignments to 

nonlegal billets required for professional development and 

promotion; and 

(G) review, evaluate, and assess such other matters 

and materials as the panel considers appropriate for purposes of the study. 

(3) UTILIZATION OF OTHER STUDIES.—In carrying out the 

study required by paragraph (1), the panel may review, and 

incorporate as appropriate, the findings of applicable ongoing 

and completed studies in future manpower requirements, 

including the two-part study by CNA Analysis and Solutions 

entitled ‘‘An Analysis of Navy JAG Corps Future Manpower 

Requirements’’. 

(4) REPORT.—Not later than 120 days after its first meeting 

under subsection (a)(7), the panel shall submit to the Secretary 

of Defense and the Committees on Armed Services of the Senate 

and the House of Representatives a report on the study. The 

report shall include— 

(A) the findings and conclusions of the panel as a 

result of the study; and 

(B) any recommendations for legislative or administrative action that the panel considers appropriate in light 

of the study. 

(c) POWERS OF PANEL.— 

(1) HEARINGS.—The panel may hold such hearings, sit and 

act at such times and places, take such testimony, and receive 

such evidence as the panel considers appropriate to carry out 

its duties under this section. 

(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request 

by the chair of the panel, any department or agency of the 

Federal Government may provide information that the panel 

considers necessary to carry out it duties under this section. 

(d) PERSONNEL MATTERS.— 

(1) PAY OF MEMBERS.—(A) Members of the panel established 

under subsection (a) shall serve without pay by reason of their 

work on the panel. 

(B) Section 1342 of title 31, United States Code, shall 

not apply to the acceptance of services of a member of the 

panel under this section. 

(2) TRAVEL EXPENSES.—The members of the panel shall 

be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while 

away from their homes or regular places of business in the 

performance or services for the panel. 


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123 STAT. 2280 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle B—General Service Authorities 

SEC. 511. CONTINUATION ON ACTIVE DUTY OF RESERVE COMPONENT 

MEMBERS DURING PHYSICAL DISABILITY EVALUATION 

FOLLOWING MOBILIZATION AND DEPLOYMENT. 

Section 1218 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(d)(1) The Secretary of a military department shall ensure 

that each member of a reserve component under the jurisdiction 

of the Secretary who is determined, after a mobilization and deployment to an area in which imminent danger pay is authorized 

under section 310 of title 37, to require evaluation for a physical 

or mental disability which could result in separation or retirement 

for disability under this chapter or placement on the temporary 

disability retired list or inactive status list under this chapter 

is retained on active duty during the disability evaluation process 

until such time as such member is— 

‘‘(A) cleared by appropriate authorities for continuation 

on active duty; or 

‘‘(B) separated, retired, or placed on the temporary disability retired list or inactive status list. 

‘‘(2)(A) A member described in paragraph (1) may request termination of active duty under such paragraph at any time during 

the demobilization or disability evaluation process of such member. 

‘‘(B) Upon a request under subparagraph (A), a member 

described in paragraph (1) shall only be released from active duty 

after the member receives counseling about the consequences of 

termination of active duty. 

‘‘(C) Each release from active duty under subparagraph (B) 

shall be thoroughly documented. 

‘‘(3) The requirements in paragraph (1) shall expire on the 

date that is five years after the date of the enactment of the 

National Defense Authorization Act for Fiscal Year 2010.’’. 

SEC. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRATIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR 

REASONABLY ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. 

(a) MEDICAL EXAMINATION REQUIRED.— 

(1) IN GENERAL.—Chapter 59 of title 10, United States 

Code, is amended by inserting after section 1176 the following 

new section: 

‘‘§ 1177. Members diagnosed with or reasonably asserting 

post-traumatic stress disorder or traumatic brain 

injury: medical examination required before 

administrative separation 

‘‘(a) MEDICAL EXAMINATION REQUIRED.—(1) Under regulations 

prescribed by the Secretary of Defense, the Secretary of a military 

department shall ensure that a member of the armed forces under 

the jurisdiction of the Secretary who has been deployed overseas 

in support of a contingency operation during the previous 24 

months, and who is diagnosed by a physician, clinical psychologist, 

or psychiatrist as experiencing post-traumatic stress disorder or 

traumatic brain injury or who otherwise reasonably alleges, based 

on the service of the member while deployed, the influence of 

Regulations. 

Expiration date. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2281 

such a condition, receives a medical examination to evaluate a 

diagnosis of post-traumatic stress disorder or traumatic brain 

injury. 

‘‘(2) A member covered by paragraph (1) shall not be administratively separated under conditions other than honorable until the 

results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and 

approving the separation case, as determined by the Secretary 

concerned. 

‘‘(3) In a case involving post-traumatic stress disorder, the 

medical examination shall be performed by a clinical psychologist 

or psychiatrist. In cases involving traumatic brain injury, the medical examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, as appropriate. 

‘‘(b) PURPOSE OF MEDICAL EXAMINATION.—The medical examination required by subsection (a) shall assess whether the effects 

of post-traumatic stress disorder or traumatic brain injury constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the 

overall characterization of service of the member as other than 

honorable. 

‘‘(c) INAPPLICABILITY TO PROCEEDINGS UNDER UNIFORM CODE

OF MILITARY JUSTICE.—The medical examination and procedures 

required by this section do not apply to courts-martial or other 

proceedings conducted pursuant to the Uniform Code of Military 

Justice.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 1176 the following new item: 

‘‘1177. Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before 

administrative separation.’’. 

(b) REVIEW OF PREVIOUS DISCHARGES AND DISMISSALS.—Section 

1553 of such title is amended by adding at the end the following 

new subsection: 

‘‘(d)(1) In the case of a former member of the armed forces 

who, while serving on active duty as a member of the armed 

forces, was deployed in support of a contingency operation and 

who, at any time after such deployment, was diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury as a consequence 

of that deployment, a board established under this section to review 

the former member’s discharge or dismissal shall include a member 

who is a physician, clinical psychologist, or psychiatrist. 

‘‘(2) In the case of a former member described in paragraph 

(1) or a former member whose application for relief is based in 

whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale or as justification for priority consideration, the Secretary concerned shall 

expedite a final decision and shall accord such cases sufficient 

priority to achieve an expedited resolution. In determining the 

priority of cases, the Secretary concerned shall weigh the medical 

and humanitarian circumstances of all cases and accord higher 

priority to cases not involving post-traumatic stress disorder or 

traumatic brain injury only when the individual cases are considered more compelling.’’. 


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123 STAT. 2282 PUBLIC LAW 111–84—OCT. 28, 2009 

(c) REPORT REQUIRED.—Not later than 240 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report containing the detailed procedures and 

policies used by the Secretaries of the military department to implement the amendments made by this section, including— 

(1) the list of officials identified by the Secretaries as 

required to review physical examinations to determine the possible influence of post-traumatic stress disorder or traumatic 

brain injury on the behavior of members before their separation 

under other than honorable conditions; 

(2) the procedures adopted by the Secretaries to ensure 

that appropriate physical examinations required by the amendments are conducted; 

(3) the procedures adopted by the Secretaries to ensure 

that the medical reviews required by the amendments are 

conducted; and 

(4) the procedures adopted by the Secretaries to ensure 

that requests for review of discharges based on matters related 

to post-traumatic stress disorder or traumatic brain injury are 

considered in a timely manner by boards that include appropriate medical personnel, as required by the amendments. 

SEC. 513. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE COMPONENT 

MEMBERS. 

Section 1044(a)(4) of title 10, United States Code, is amended 

by striking ‘‘the Secretary of Defense), for a period of time, prescribed by the Secretary of Defense,’’ and inserting ‘‘the Secretary), 

for a period of time (prescribed by the Secretary)’’. 

SEC. 514. LIMITATION ON SCHEDULING OF MOBILIZATION OR PREMOBILIZATION TRAINING FOR RESERVE UNITS WHEN CERTAIN SUSPENSION OF TRAINING IS LIKELY. 

(a) LIMITATION.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary 

of a military department shall avoid scheduling mobilization 

training or pre-mobilization training for a unit of a reserve 

component of the Armed Forces at a temporary duty location 

that is outside the normal commuting distance of the unit 

(as determined pursuant to the regulations prescribed by the 

Secretary of Defense under subsection (c)) if a suspension of 

training at such temporary duty location of at least five days 

is anticipated to occur during any portion of such mobilization 

or pre-mobilization training. 

(2) WAIVER.—The Secretary of a military department may 

waive the applicability of the limitation in paragraph (1) to 

a unit of a reserve component if the Secretary determines 

that the waiver is in the national security interests of the 

United States. 

(3) NOTICE TO CONGRESS.—Until December 31, 2014, the 

Secretary of the military department concerned shall submit 

written notice of each waiver issued under paragraph (2) to 

the congressional defense committees. Notice of such waiver 

shall be so submitted at the time of the issuance of such 

waiver. 

(b) NOTICE OF OTHER SUSPENSIONS OF TRAINING.—Until 

December 31, 2014, in the event of a suspension of training (other 

than an anticipated suspension of training described in subsection 

Termination 

date. 

Termination 

date. 

10 USC 10101 

note. 


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(a)(1)) of at least five days at a temporary duty location at which 

one or more units of the reserve components on active duty are 

engaged in mobilization training or pre-mobilization training, the 

Secretary of the military department having jurisdiction over such 

unit or units shall submit written notice of the suspension to 

the congressional defense committees. Notice of such suspension 

of training shall be so submitted at the time of such suspension 

of training. 

(c) REGULATIONS.—The Secretaries of the military departments 

shall administer this section in accordance with regulations prescribed by the Secretary of Defense. Such regulations shall apply 

uniformly among the military departments. 

SEC. 515. EVALUATION OF TEST OF UTILITY OF TEST PREPARATION 

GUIDES AND EDUCATION PROGRAMS IN IMPROVING 

QUALIFICATIONS OF RECRUITS FOR THE ARMED FORCES. 

Section 546(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2215) 

is amended— 

(1) in the second sentence, by striking ‘‘in training and 

unit settings’’ and inserting ‘‘during training and unit assignments’’; and 

(2) by adding at the end the following new sentence: ‘‘Data 

to make the comparison between the two groups shall be 

derived from existing sources, which may include performance 

ratings, separations, promotions, awards and decorations, and 

reenlistment statistics.’’. 

SEC. 516. REPORT ON PRESENCE IN THE ARMED FORCES OF MEMBERS 

ASSOCIATED OR AFFILIATED WITH GROUPS ENGAGED IN 

PROHIBITED ACTIVITIES. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall, in consultation with the 

Attorney General, submit to the Committees on Armed Service 

of the Senate and the House of Representatives a report on the 

following: 

(1) Any active participation by members of the Armed 

Forces in prohibited activities (as defined by subsection 3.5.8 

of Department of Defense Directive 1325.6). 

(2) The policies of the Department of Defense to prevent 

individuals who are active participants in such activities from 

enlisting in the Armed Forces. 

Subtitle C—Education and Training 

SEC. 521. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT 

SCHOOLS OF PSYCHOLOGY. 

(a) IN GENERAL.—Chapter 101 of title 10, United States Code, 

is amended by inserting after section 2004a the following new 

section: 

‘‘§ 2004b. Detail of commissioned officers as students at 

schools of psychology 

‘‘(a) DETAIL AUTHORIZED.—The Secretary of each military 

department may detail commissioned officers of the armed forces 

as students at accredited schools of psychology located in the United 

States for a period of training leading to the degree of Doctor 


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123 STAT. 2284 PUBLIC LAW 111–84—OCT. 28, 2009 

of Philosophy in clinical psychology. No more than 25 officers from 

each military department may commence such training in any 

single fiscal year. 

‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for detail under 

subsection (a), an officer must be a citizen of the United States 

and must— 

‘‘(1) have served on active duty for a period of not less 

than two years nor more than six years and be in the pay 

grade 0–3 or below as of the time the training is to begin; 

and 

‘‘(2) sign an agreement that unless sooner separated the 

officer will— 

‘‘(A) complete the educational course of psychological 

training; 

‘‘(B) accept transfer or detail as a commissioned officer 

within the military department concerned when the officer’s 

training is completed; and 

‘‘(C) agree to serve, following completion of the officer’s 

training, on active duty (or on active duty and in the 

Selected Reserve) for a period as specified pursuant to 

subsection (c). 

‘‘(c) SERVICE OBLIGATION.—(1) Except as provided in paragraph 

(2), the agreement of an officer under subsection (b) shall provide 

that the officer shall serve on active duty for two years for each 

year or part thereof of the officer’s training under subsection (a). 

‘‘(2) The agreement of an officer may authorize the officer 

to serve a portion of the officer’s service obligation on active duty 

and to complete the service obligation that remains upon separation 

from active duty in the Selected Reserve. Under any such agreement, an officer shall serve three years in the Selected Reserve 

for each year or part thereof of the officer’s training under subsection (a) for any service obligation that was not completed before 

separation from active duty. 

‘‘(d) SELECTION OF OFFICERS FOR DETAIL.—Officers detailed 

for training under subsection (a) shall be selected on a competitive 

basis by the Secretary of the military department concerned. 

‘‘(e) RELATION OF SERVICE OBLIGATIONS TO OTHER SERVICE

OBLIGATIONS.—Any service obligation incurred by an officer under 

an agreement entered into under subsection (b) shall be in addition 

to any service obligation incurred by the officer under any other 

provision of law or agreement. 

‘‘(f) EXPENSES.—Expenses incident to the detail of officers under 

this section shall be paid from any funds appropriated for the 

military department concerned. 

‘‘(g) FAILURE TO COMPLETE PROGRAM.—(1) An officer who is 

dropped from a program of psychological training to which detailed 

under subsection (a) for deficiency in conduct or studies, or for 

other reasons, may be required to perform active duty in an appropriate military capacity in accordance with the active duty obligation imposed on the officer under regulations issued by the Secretary 

of Defense for purposes of this section. 

‘‘(2) In no case shall an officer be required to serve on active 

duty under paragraph (1) for any period in excess of one year 

for each year or part thereof the officer participated in the program. 

‘‘(h) LIMITATION ON DETAILS.—No agreement detailing an officer 

of the armed forces to an accredited school of psychology may 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2285 

be entered into during any period in which the President is authorized by law to induct persons into the armed forces involuntarily. 

Nothing in this subsection shall affect any agreement entered into 

during any period when the President is not authorized by law 

to so induct persons into the armed forces.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 101 of such title is amended by inserting after 

the item relating to section 2004a the following new item: 

‘‘2004b. Detail of commissioned officers as students at schools of psychology.’’. 

SEC. 522. APPOINTMENT OF PERSONS ENROLLED IN ADVANCED 

COURSE OF THE ARMY RESERVE OFFICERS’ TRAINING 

CORPS AT MILITARY JUNIOR COLLEGES AS CADETS IN 

ARMY RESERVE OR ARMY NATIONAL GUARD OF THE 

UNITED STATES. 

Section 2107a(h) of title 10, United States Code, is amended— 

(1) by striking ‘‘17 cadets’’ and inserting ‘‘22 cadets’’; 

(2) by striking ‘‘17 members’’ and inserting ‘‘22 members’’; 

and 

(3) by striking ‘‘17 such members’’ and inserting ‘‘22 such 

members’’. 

SEC. 523. EXPANSION OF CRITERIA FOR APPOINTMENT AS MEMBER 

OF THE BOARD OF REGENTS OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES. 

Section 2113a(b)(1) of title 10, United States Code, is amended 

by striking ‘‘health and health education’’ and inserting ‘‘health 

care, higher education administration, or public policy’’. 

SEC. 524. USE OF ARMED FORCES HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM TO 

INCREASE NUMBER OF HEALTH PROFESSIONALS WITH 

SKILLS TO ASSIST IN PROVIDING MENTAL HEALTH CARE. 

(a) ADDITIONAL ELEMENT WITHIN SCHOLARSHIP PROGRAM.—Section 2121(a) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

(2) by striking ‘‘in the various health professions’’ and 

inserting ‘‘(A) in the various health professions or (B) as a 

health professional with specific skills to assist in providing 

mental health care to members of the armed forces’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) Under the program of a military department, the Secretary 

of that military department shall allocate a portion of the total 

number of scholarships to members of the program described in 

paragraph (1)(B) for the purpose of assisting such members to 

pursue a degree at the masters and doctoral level in any of the 

following disciplines: 

‘‘(A) Social work. 

‘‘(B) Clinical psychology. 

‘‘(C) Psychiatry. 

‘‘(D) Other disciplines that contribute to mental health 

care programs in that military department.’’. 

(b) AUTHORIZED NUMBER OF MEMBERS OF THE PROGRAM.— 

Section 2124 of such title is amended— 

(1) by striking ‘‘The number’’ and inserting ‘‘(a) AUTHORIZED

NUMBER OF MEMBERS OF THE PROGRAM.—The number’’; 

(2) by striking ‘‘6,000’’ and inserting ‘‘6,300’’; and 


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123 STAT. 2286 PUBLIC LAW 111–84—OCT. 28, 2009 

(3) by adding at the end the following new subsection: 

‘‘(b) MENTAL HEALTH PROFESSIONALS.—Of the number of persons designated as members of the program at any time, 300 

may be members of the program described in section 2121(a)(1)(B) 

of this title.’’. 

SEC. 525. DEPARTMENT OF DEFENSE UNDERGRADUATE NURSE 

TRAINING PROGRAM. 

(a) REVISION OF CURRENT SCHOOL OF NURSING AUTHORIZA- TIONS.— (1) REPEAL OF ESTABLISHMENT WITHIN UNIFORMED SERVICES

UNIVERSITY OF THE HEALTH SCIENCES.—Section 2117 of title 

10, United States Code, is repealed. 

(2) ESTABLISHMENT AS DEPARTMENT OF DEFENSE SCHOOL.— Chapter 108 of such title is amended by adding at the end 

the following new section: 

‘‘§ 2169. School of Nursing: establishment 

‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary of Defense 

may establish a School of Nursing. 

‘‘(b) DEGREE GRANTING AUTHORITY.—The School of Nursing 

may include a program that awards a bachelor of science in nursing. 

‘‘(c) PHASED DEVELOPMENT.—The Secretary of Defense may 

develop the School of Nursing in phases as determined appropriate 

by the Secretary.’’. 

(3) CLERICAL AMENDMENTS.— 

(A) CHAPTER 104.—The table of sections at the beginning of chapter 104 of such title is amended by striking 

the item relating to section 2117. 

(B) CHAPTER 108.—The table of sections at the beginning of chapter 108 of such title is amended by adding 

at the end the following new item: 

‘‘2169. School of Nursing: establishment.’’. 

(b) AUTHORITY TO ESTABLISH UNDERGRADUATE NURSE TRAINING

PROGRAM.— 

(1) IN GENERAL.—Chapter 101 of title 10, United States 

Code, is amended by adding at the end the following new 

section: 

‘‘§ 2016. Undergraduate nurse training program: establishment through agreement with academic institution 

‘‘(a) ESTABLISHMENT AUTHORIZED.—(1) To increase the number 

of nurses in the armed forces, the Secretary of Defense may enter 

into an agreement with one or more academic institutions to establish and operate an undergraduate program (in this section referred 

to as a ‘undergraduate nurse training program’) under which participants will earn a nursing degree and serve as a member of the 

armed forces. 

‘‘(2) The Secretary of Defense may authorize the participation 

of members of the other uniformed services in the undergraduate 

nurse training program if the Secretary of Defense and the Secretary of Health and Human Services jointly determine the participation of such members in the program will facilitate an increase 

in the number of nurses in the other uniformed services. 

‘‘(b) GRADUATION RATES.—An undergraduate nurse training 

program shall have the capacity to graduate 25 students with 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2287 

a bachelor of science degree in the first class of the program, 

50 in the second class, and 100 annually thereafter. 

‘‘(c) ELEMENTS.—An undergraduate nurse training program 

shall have the following elements: 

‘‘(1) It shall involve an academic partnership with one 

or more academic institutions with existing accredited schools 

of nursing. 

‘‘(2) It shall recruit as participants qualified individuals 

with at least two years of appropriate academic preparation, 

as determined by the Secretary of Defense. 

‘‘(d) LOCATION OF PROGRAMS.—An academic institution selected 

to operate an undergraduate nurse training program shall establish 

the program at or near a military installation. A military installation at or near which an undergraduate nurse training program 

is established must— 

‘‘(1) be one of the ten largest military installations in the 

United States, in terms of the number of active duty personnel 

assigned to the installation and family members residing on 

or in the vicinity of the installations; and 

‘‘(2) have a military treatment facility with inpatient capability designated as a medical center located on the installation 

or within 10 miles of the installation. 

‘‘(e) LIMITATION ON FACULTY.—An agreement entered into under 

subsection (a) shall not require members of the armed forces who 

are nurses to serve as faculty members for an undergraduate nurse 

training program. 

‘‘(f) MILITARY SERVICE COMMITMENT.—The Secretary of Defense 

shall encourage members of the armed forces to apply to participate 

in an undergraduate nurse training program. Graduates of the 

program shall incur a military service obligation in a regular or 

reserve component, as determined by the Secretary.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘2016. Undergraduate nurse training program: establishment through agreement 

with academic institution.’’. 

(c) UNDERGRADUATE NURSE TRAINING PROGRAM PLAN.—Not 

later than 180 days after the date of the enactment of this Act, 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a plan to 

establish an undergraduate nurse training program in the Department of Defense in accordance with the authority provided by 

section 2169 of title 10, United States Code, as added by subsection 

(a), section 2016 of such title, as added by subsection (b), or any 

other authority available to the Secretary. 

(d) PILOT PROGRAM.— 

(1) PILOT PROGRAM REQUIRED.—The plan required by subsection (c) shall provide for the establishment of a pilot program 

to increase the number of nurses serving in the Armed Forces. 

(2) IMPLEMENTATION AND DURATION.—The pilot program 

shall begin not later than July 1, 2011, and be of not less 

than five years in duration. 

(3) GRADUATION RATES.—The pilot program shall achieve 

graduation rates at least equal to the rates required for the 

undergraduate nurse training program authorized by section 

Deadline. 

10 USC 2016 

note. 


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123 STAT. 2288 PUBLIC LAW 111–84—OCT. 28, 2009 

2016 of title 10, United States Code, as added by subsection 

(b). 

(4) IMPLEMENTATION REPORT.—Not later than 270 days 

after the date of the enactment of this Act, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report on the 

pilot program, including a description of the program selected 

to be undertaken, the program’s goals, and any additional legal 

authorities that may be needed to undertake the program. 

(5) PROGRESS REPORTS.—Not later than 90 days after the 

end of each academic year of the pilot program, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report specifying 

the number of nurses accessed into the Armed Forces through 

the program and the number of students accepted for the 

upcoming academic year. 

(6) FINAL REPORT.—Not later than one year before the 

end of the pilot program, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report specifying the number of nurses 

accessed through the program, evaluating the overall effectiveness of the program, and containing the Secretary’s recommendations regarding whether the program should be 

extended. 

(e) EFFECT ON OTHER NURSING PROGRAMS.—Notwithstanding 

the development of undergraduate nurse training programs under 

the amendments made by this section and subsection (d), the Secretary of Defense shall ensure that graduate degree programs in 

nursing, including advanced practice nursing, continue. 

(f) EFFECT ON OTHER RECRUITMENT EFFORTS.—Nothing in this 

section shall be construed as limiting or terminating any current 

or future program of the Department of Defense related to the 

recruitment, accession, training, or retention of nurses. 

SEC. 526. INCREASE IN NUMBER OF PRIVATE SECTOR CIVILIANS 

AUTHORIZED FOR ADMISSION TO NATIONAL DEFENSE 

UNIVERSITY. 

Section 2167(a) of title 10, United States Code, is amended 

by striking ‘‘10 full-time student positions’’ and inserting ‘‘20 fulltime student positions’’. 

SEC. 527. APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM 

NOMINATIONS MADE BY DELEGATE FROM THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. 

(a) UNITED STATES MILITARY ACADEMY.—Section 4342(a)(10) 

of title 10, United States Code, is amended by striking ‘‘One cadet’’ 

and inserting ‘‘Two cadets’’. 

(b) UNITED STATES NAVAL ACADEMY.—Section 6954(a)(10) of 

such title is amended by striking ‘‘One’’ and inserting ‘‘Two’’. 

(c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(a)(10) 

of such title is amended by striking ‘‘One cadet’’ and inserting 

‘‘Two cadets’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to appointments to the United States 

Military Academy, the United States Naval Academy, and the 

United States Air Force Academy beginning with the first class 

of candidates nominated for appointment to these military service 

academies after the date of the enactment of this Act. 

10 USC 4342 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2289 

SEC. 528. ATHLETIC ASSOCIATION FOR THE AIR FORCE ACADEMY. 

(a) IN GENERAL.—Chapter 903 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 9362. Support of athletic programs 

‘‘(a) CORPORATION FOR SUPPORT AUTHORIZED.—(1) The Secretary of the Air Force may, in accordance with the laws of the 

State of incorporation, establish a corporation (in this section 

referred to as the ‘corporation’) to support the athletic programs 

of the Academy. All stock of the corporation shall be owned by 

the United States and held in the name of and voted by the 

Secretary of the Air Force. 

‘‘(2) The corporation shall operate exclusively for charitable, 

educational, and civic purposes to support the athletic programs 

of the Academy. 

‘‘(b) CORPORATE ORGANIZATION.—The corporation shall be organized and operated— 

‘‘(1) as a nonprofit corporation under section 501 (c)(3) 

of the Internal Revenue Code of 1986; 

‘‘(2) in accordance with this section; and 

‘‘(3) pursuant to the laws of the State of incorporation, 

its articles of incorporation, and its bylaws. 

‘‘(c) CORPORATE BOARD OF DIRECTORS.—(1) The members of 

the board of directors of the corporation shall serve without compensation as members of the board, except for reasonable travel 

and other related expenses for attendance at meetings of the board. 

‘‘(2) The Secretary of the Air Force may authorize military 

and civilian personnel of the Air Force under section 1033 of this 

title to serve, in their official capacities, as members of the board 

of directors of the corporation, but such personnel shall not hold 

more than one-third of the directorships. 

‘‘(d) TRANSFERS FROM NONAPPROPRIATED FUND OPERATION.— 

The Secretary of the Air Force may, subject to the acceptance 

of the corporation, transfer to the corporation all title to and ownership of the assets and liabilities of the Air Force nonappropriated 

fund instrumentality whose functions include providing support 

for the athletic programs of the Academy, including bank accounts 

and financial reserves in its accounts, equipment, supplies, and 

other personal property, but excluding any interest in real property. 

‘‘(e) ACCEPTANCE OF GIFTS.—The Secretary of the Air Force 

may accept from the corporation funds, supplies, and services for 

the support of cadets and Academy personnel during their participation in Academy or corporate events related to the athletic programs 

of the Academy. 

‘‘(f) LEASES.—The Secretary of the Air Force may, in accordance 

with section 2667 of this title, lease real and personal property 

to the corporation for purposes related to the athletic programs 

of the Academy. Funds received from any such lease may be 

retained and spent by the Secretary to support athletic programs 

of the Academy. 

‘‘(g) COOPERATIVE AGREEMENTS.—The Secretary of the Air Force 

may enter into cooperative agreements (as described in section 

6305 of title 31) with the corporation for purposes related to the 

athletic programs of the Academy.’’. 


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123 STAT. 2290 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 903 of such title is amended by adding at the 

end the following new item: 

‘‘9362. Support of athletic programs.’’. 

SEC. 529. LANGUAGE TRAINING CENTERS FOR MEMBERS OF THE 

ARMED FORCES AND CIVILIAN EMPLOYEES OF THE 

DEPARTMENT OF DEFENSE. 

(a) PROGRAM AUTHORIZED.—The Secretary of Defense may carry 

out a program to establish language training centers at accredited 

universities, senior military colleges, or other similar institutions 

of higher education for purposes of accelerating the development 

of foundational expertise in critical and strategic languages and 

regional area studies (as defined by the Secretary of Defense for 

purposes of this section) for members of the Armed Forces, including 

members of the reserve components and candidates of the Reserve 

Officers’ Training Corps programs, and civilian employees of the 

Department of Defense. 

(b) ELEMENTS.—Each language training center established 

under the program authorized by subsection (a) shall include the 

following: 

(1) Programs to provide that members of the Armed Forces 

or civilian employees of the Department of Defense who graduate from the institution of higher education concerned include 

members or employees, as the case may be, who are skilled 

in the languages and area studies covered by the program 

from beginning through advanced skill levels. 

(2) Programs of language proficiency training for such members and civilian employees at the institution of higher education concerned in critical and strategic languages tailored 

to meet operational readiness requirements. 

(3) Alternative language training delivery systems and 

modalities to meet language and regional area study requirements for such members and employees whether prior to 

deployment, during deployment, or post-deployment. 

(4) Programs on critical and strategic languages under 

the program that can be incorporated into Reserve Officers’ 

Training Corps programs to facilitate the development of language skills in such languages among future officers of the 

Armed Forces. 

(5) Training and education programs to expand the pool 

of qualified instructors and educators on critical and strategic 

languages and regional area studies under the program for 

the Armed Forces. 

(6) Programs to facilitate and encourage the recruitment 

of native and heritage speakers of critical and strategic languages under the program into the Armed Forces and the 

civilian workforce of the Department of Defense and to support 

the Civilian Linguist Reserve Corps. 

(c) PARTNERSHIPS WITH OTHER SCHOOLS.—Any language 

training center established under the program authorized by subsection (a) may enter into a partnership with one or more local 

educational agencies to facilitate the development of skills in critical 

and strategic languages under the program among students 

attending the elementary and secondary schools of such agencies 

who may pursue a military career. 

10 USC 2001 

note prec. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2291 

(d) COORDINATION.—The Secretary of Defense shall ensure that 

the language training centers established under the program 

authorized by subsection (a) are aligned with those of the National 

Security Education Program, the Defense Language Institute, and 

other appropriate Department of Defense programs to facilitate 

and encourage the recruitment of native and heritage speakers 

of critical and strategic languages under the program into the 

Armed Forces and the civilian workforce of the Department of 

Defense and to support the Civilian Linguist Reserve Corps. 

(e) REPORT.—Not later than one year after the date of the 

establishment of the program authorized by subsection (a), the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the program. The report shall include the 

following: 

(1) A description of each language training center established under the program. 

(2) An assessment of the cost-effectiveness of the program 

in providing foundational expertise in critical and strategic 

languages and regional area studies in support of the Defense 

Language Transformation Roadmap. 

(3) An assessment of the progress made by each language 

training center in providing capabilities in critical and strategic 

languages under the program to members of the Armed Forces 

and Department of Defense employees. 

(4) A recommendation whether the program should be 

continued and, if so, recommendations as to any modifications 

of the program that the Secretary considers appropriate. 

Subtitle D—Defense Dependents’ 

Education 

SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 

MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES. 

(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF

MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 

be appropriated for fiscal year 2010 pursuant to section 301(5) 

for operation and maintenance for Defense-wide activities, 

$30,000,000 shall be available only for the purpose of providing 

assistance to local educational agencies under subsection (a) of 

section 572 of the National Defense Authorization Act for Fiscal 

Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 

(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE

TO BASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE

RELOCATIONS.—Of the amount authorized to be appropriated for 

fiscal year 2010 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $14,000,000 shall be available 

only for the purpose of providing assistance to local educational 

agencies under subsection (b) of such section 572, as amended 

by section 533 of this Act. 

(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 

the term ‘‘local educational agency’’ has the meaning given that 

term in section 8013(9) of the Elementary and Secondary Education 

Act of 1965 (20 U.S.C. 7713(9)). 


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123 STAT. 2292 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 532. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 

Of the amount authorized to be appropriated for fiscal year 

2010 by section 301(5) for operation and maintenance for Defensewide activities, $5,000,000 shall be available for payments under 

section 363 of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 

398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

SEC. 533. TWO-YEAR EXTENSION OF AUTHORITY FOR ASSISTANCE TO 

LOCAL EDUCATIONAL AGENCIES WITH ENROLLMENT 

CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 

CHANGES, OR FORCE RELOCATIONS. 

Section 572(b)(4) of the National Defense Authorization Act 

for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 

U.S.C. 7703b(b)(4)) is amended by striking ‘‘September 30, 2010’’ 

and inserting ‘‘September 30, 2012’’. 

SEC. 534. AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN 

DEPARTMENT OF DEFENSE ELEMENTARY AND SECONDARY SCHOOLS TO CERTAIN ADDITIONAL CATEGORIES 

OF DEPENDENTS. 

Section 2164 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(j) TUITION-FREE ENROLLMENT OF DEPENDENTS OF FOREIGN

MILITARY PERSONNEL RESIDING ON DOMESTIC MILITARY INSTALLATIONS AND DEPENDENTS OF CERTAIN DECEASED MEMBERS OF THE

ARMED FORCES.—(1) The Secretary may authorize the enrollment 

in a Department of Defense education program provided by the 

Secretary pursuant to subsection (a) of a dependent not otherwise 

eligible for such enrollment who is the dependent of an individual 

described in paragraph (2). Enrollment of such a dependent shall 

be on a tuition-free basis. 

‘‘(2) An individual referred to in paragraph (1) is any of the 

following: 

‘‘(A) A member of a foreign armed force residing on a 

military installation in the United States (including territories, 

commonwealths, and possessions of the United States). 

‘‘(B) A deceased member of the armed forces who died 

in the line of duty in a combat-related operation, as designated 

by the Secretary.’’. 

SEC. 535. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE 

DEPENDENTS’ EDUCATION SYSTEM OF DEPENDENTS OF 

FOREIGN MILITARY MEMBERS ASSIGNED TO SUPREME 

HEADQUARTERS ALLIED POWERS, EUROPE. 

(a) PERMANENT ENROLLMENT AUTHORITY.—Subsection (a)(2) of 

section 1404A of the Defense Dependents’ Education Act of 1978 

(20 U.S.C. 923a) is amended by striking ‘‘, and only through the 

2010-2011 school year’’. 

(b) COMBATANT COMMANDER ADVICE AND ASSISTANCE.—Subsection (c)(1) of such section is amended by adding at the end 

the following new sentence: ‘‘The Secretary shall prescribe such 

methodology with the advice and assistance of the commander 

of the geographic combatant command with jurisdiction over Mons, 

Belgium.’’. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2293 

SEC. 536. DETERMINATION OF NUMBER OF WEIGHTED STUDENT UNITS 

FOR LOCAL EDUCATIONAL AGENCIES FOR RECEIPT OF 

BASIC SUPPORT PAYMENTS UNDER IMPACT AID. 

Section 8003(a)(2)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) is amended by striking 

‘‘6,500’’ and inserting ‘‘5,000’’. 

SEC. 537. STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES FOR 

DEPENDENT CHILDREN OF MEMBERS OF THE ARMED 

FORCES WHEN PUBLIC SCHOOLS ATTENDED BY SUCH 

CHILDREN ARE DETERMINED TO NEED IMPROVEMENT. 

(a) STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES.— 

(1) STUDY REQUIRED.—The Secretary of Defense shall, in 

consultation with the Secretary of Education, conduct a study 

on options for educational opportunities that are, or may be, 

available for dependent children of members of the Armed 

Forces who do not attend Department of Defense dependents’ 

schools when the public elementary and secondary schools 

attended by such children are determined to be in need of 

improvement pursuant to section 1116(b) of the Elementary 

and Secondary Education Act of 1965 (20 U.S.C. 6316(b)). 

(2) OPTIONS.—The options to be considered under the study 

required by paragraph (1) may include the following: 

(A) Education programs offered through the Internet, 

including programs that are provided by the Department 

of Defense through the Internet. 

(B) Charter schools. 

(C) Such other public school options as the Secretary 

of Defense, in consultation with the Secretary of Education, 

considers appropriate for purposes of the study. 

(3) ELEMENTS.—The study required by paragraph (1) shall 

address the following matters: 

(A) The challenges faced by parents of military families 

in securing quality elementary and secondary education 

for their children when the public elementary and secondary schools attended by their children are identified 

as being in need of improvement. 

(B) The extent to which perceptions of differing degrees 

of quality in public elementary and secondary schools in 

different regions of the United States affect plans of military families to relocate, including relocation pursuant to 

a permanent change of duty station. 

(C) The various reasons why military families seek 

educational opportunities for their children other than 

those available through local public elementary and secondary schools. 

(D) The current level of student achievement in public 

elementary and secondary schools in school districts which 

have a high percentage of students who are children of 

military families. 

(E) The educational needs of children of military families who are required by location to attend public 

elementary and secondary schools identified as being in 

need of improvement. 

(F) The value and impact of other alternative educational programs for military families. 


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123 STAT. 2294 PUBLIC LAW 111–84—OCT. 28, 2009 

(G) The extent to which the options referred to in 

paragraph (2) would provide a meaningful option for education for military children when the public elementary 

and secondary schools attended by such children are determined to be in need of improvement. 

(H) The extent to which the options referred to in 

paragraph (2) would improve the quality of education available for students with special needs, including students 

with learning disabilities and gifted students. 

(I) Such other matters as the Secretary of Defense 

and Secretary of Education consider appropriate for purposes of the study. 

(b) REPORT.—Not later than March 31, 2010, the Secretary 

of Defense shall submit to the Committee on Armed Services of 

the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Armed Services of the House 

of Representatives, and the Committee on Education and Labor 

of the House of Representatives a report on the study required 

by subsection (a). The report shall include the following: 

(1) A description of the results of the study. 

(2) Such recommendations for legislative or administrative 

action as the Secretary of Defense, in consultation with the 

Secretary of Education, considers appropriate in light of the 

results of the study. 

SEC. 538. COMPTROLLER GENERAL AUDIT OF ASSISTANCE TO LOCAL 

EDUCATIONAL AGENCIES FOR DEPENDENT CHILDREN OF 

MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct an audit of the utilization by local educational agencies of the assistance specified in subsection (b) provided to such 

agencies for fiscal years 2001 through 2009 for the education of 

dependent children of members of the Armed Forces. The audit 

shall include— 

(1) an evaluation of the utilization of such assistance by 

such agencies; and 

(2) an assessment of the effectiveness of such assistance 

in improving the quality of education provided to dependent 

children of members of the Armed Forces. 

(b) ASSISTANCE SPECIFIED.—The assistance specified in this 

subsection is the following: 

(1) Assistance provided under the following: 

(A) Section 551 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4468). 

(B) Section 571 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

119). 

(C) Section 572 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2225). 

(D) Section 574 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (120 Stat. 2226; 

20 U.S.C. 7703b note). 

(E) Section 575 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (120 Stat. 2227; 

10 U.S.C. 1788 note). 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2295 

(F) Section 572 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

3271; 20 U.S.C. 7703b). 

(G) Section 574 of the National Defense Authorization 

Act for Fiscal Year 2006 (119 Stat. 3273). 

(H) Section 558 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 118 Stat. 1916). 

(I) Section 559 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (118 Stat. 

1917). 

(J) Section 536 of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

1474). 

(K) Clauses (i) and (ii) of section 8003(b)(2)(H) of the 

Elementary and Secondary Education Act of 1965 (20 

U.S.C. 7703(b)(2)(H)). 

(L) Section 341 of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (Public Law 107– 

314; 116 Stat. 2514). 

(M) Section 344 of the Bob Stump National Defense 

Authorization Act for Fiscal Year 2003 (116 Stat. 2515). 

(N) Section 351 of the National Defense Authorization 

Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 

1063). 

(O) Section 362 of the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398; 114 Stat. 1654A–76). 

(P) Section 364 of the National Defense Authorization 

Act for Fiscal Year 2001 (114 Stat. 1654A–78) 

(2) Payments made under section 363 of the Floyd D. 

Spence National Defense Authorization Act for Fiscal Year 

2001 (114 Stat. 1654A–77; 20 U.S.C. 7703a). 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the congressional defense committees a report containing the results 

of the audit required by subsection (a). 

SEC. 539. SENSE OF CONGRESS ON THE INTERSTATE COMPACT ON 

EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN. 

It is the sense of Congress to— 

(1) express strong support and commendation for all the 

States that have successfully enacted the Interstate Compact 

on Educational Opportunity for Military Children; 

(2) express its strong support and encourage all remaining 

States to enact the Interstate Compact on Educational Opportunity for Military Children; 

(3) recognize the importance of the components of the Interstate Compact on Educational Opportunity for Military Children, including— 

(A) the transfer of educational records to expedite the 

proper enrollment and placement of students; 

(B) the ability of students to continue their enrollment 

at a grade level in the receiving State commensurate with 

their grade level from the sending State; 


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123 STAT. 2296 PUBLIC LAW 111–84—OCT. 28, 2009 

(C) priority for attendance to children of members of 

the Armed Forces assuming the school district accepts 

transfer students; 

(D) the ability of students to continue their course 

placement, including but not limited to Honors, International Baccalaureate, Advanced Placement, vocational, 

technical, and career pathways courses; 

(E) the recalculation of grades to consider the weights 

offered by a receiving school for the same performance 

in the same course when a student transfers from one 

grading system to another system (for example, numberbased system to letter-based system); 

(F) the waiver of specific courses required for graduation if similar course work has been satisfactorily completed 

in another local education agency or the provision of an 

alternative means of acquiring required coursework so that 

graduation may occur on time; and 

(G) the recognition of an appointed guardian as a custodial parent while the child’s parent or parents are deployed; 

and 

(4) express strong support for States to develop a State 

Council to provide for the coordination among their agencies 

of government, local education agencies, and military installations concerning the participation of a State in the Interstate 

Compact on Educational Opportunity for Military Children. 

Subtitle E—Missing or Deceased Persons 

SEC. 541. ADDITIONAL REQUIREMENTS FOR ACCOUNTING FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 

DEFENSE CIVILIAN EMPLOYEES LISTED AS MISSING IN 

CONFLICTS OCCURRING BEFORE ENACTMENT OF NEW 

SYSTEM FOR ACCOUNTING FOR MISSING PERSONS. 

(a) IMPOSITION OF ADDITIONAL REQUIREMENTS.—Section 1509 

of title 10, United States Code, is amended to read as follows: 

‘‘§ 1509. Program to resolve preenactment missing person 

cases 

‘‘(a) PROGRAM REQUIRED; COVERED CONFLICTS.—The Secretary 

of Defense shall implement a comprehensive, coordinated, 

integrated, and fully resourced program to account for persons 

described in subparagraph (A) or (B) of section 1513(1) of this 

title who are unaccounted for from the following conflicts: 

‘‘(1) World War II during the period beginning on December 

7, 1941, and ending on December 31, 1946, including members 

of the armed forces who were lost during flight operations 

in the Pacific theater of operations covered by section 576 

of the National Defense Authorization Act for Fiscal Year 2000 

(Public Law 106–65; 10 U.S.C. 1501 note). 

‘‘(2) The Cold War during the period beginning on September 2, 1945, and ending on August 21, 1991. 

‘‘(3) The Korean War during the period beginning on June 

27, 1950, and ending on January 31, 1955. 

‘‘(4) The Indochina War era during the period beginning 

on July 8, 1959, and ending on May 15, 1975. 


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‘‘(5) The Persian Gulf War during the period beginning 

on August 2, 1990, and ending on February 28, 1991. 

‘‘(6) Such other conflicts in which members of the armed 

forces served as the Secretary of Defense may designate. 

‘‘(b) IMPLEMENTATION PROCESS.—(1) The Secretary of Defense 

shall implement the program within the Department of Defense 

POW/MIA accounting community. 

‘‘(2) For purposes of paragraph (1), the term ‘POW/MIA 

accounting community’ means: 

‘‘(A) The Defense Prisoner of War/Missing Personnel Office 

(DPMO). 

‘‘(B) The Joint POW/MIA Accounting Command (JPAC). 

‘‘(C) The Armed Forces DNA Identification Laboratory 

(AFDIL). 

‘‘(D) The Life Sciences Equipment Laboratory of the Air 

Force (LSEL). 

‘‘(E) The casualty and mortuary affairs offices of the military departments. 

‘‘(F) Any other element of the Department of Defense whose 

mission (as designated by the Secretary of Defense) involves 

the accounting for and recovery of members of the armed forces 

who are missing in action, prisoners of war, or unaccounted 

for. 

‘‘(c) TREATMENT AS MISSING PERSONS.—Each unaccounted for 

person covered by subsection (a) shall be considered to be a missing 

person for purposes of the applicability of other provisions of this 

chapter to the person. 

‘‘(d) ESTABLISHMENT OF PERSONNEL FILES.—(1) The Secretary 

of Defense shall ensure that a personnel file is established and 

maintained for each person covered by subsection (a) if the Secretary— 

‘‘(A) possesses any information relevant to the status of 

the person; or 

‘‘(B) receives any new information regarding the missing 

person as provided in subsection (e). 

‘‘(2) The Secretary of Defense shall ensure that each file established under this subsection contains all relevant information pertaining to a person covered by subsection (a) and is readily accessible to all elements of the department, the combatant commands, 

and the armed forces involved in the effort to account for the 

person. 

‘‘(3) Each file established under this subsection shall be handled 

in accordance with, and subject to the provisions of, section 1506 

of this title in the same manner as applies to the file of a missing 

person otherwise subject to such section. 

‘‘(e) REVIEW OF STATUS REQUIREMENTS.—(1) If new information 

(as described in paragraph (3)) is found or received that may be 

related to one or more unaccounted for persons covered by subsection (a), whether or not such information specifically relates 

(or may specifically relate) to any particular such unaccounted 

for person, that information shall be provided to the Secretary 

of Defense. 

‘‘(2) Upon receipt of new information under paragraph (1), 

the Secretary shall ensure that— 

‘‘(A) the information is treated under paragraph (2) of 

subsection (c) of section 1505 of this title, relating to addition 

Records. 


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123 STAT. 2298 PUBLIC LAW 111–84—OCT. 28, 2009 

of the information to the personnel file of a person and notification requirements, in the same manner as information received 

under paragraph (1) under such subsection; and 

‘‘(B) the information is treated under paragraph (3) of 

subsection (c) and subsection (d) of such section, relating to 

a board review under such section, in the same manner as 

information received under paragraph (1) of such subsection 

(c). 

‘‘(3) For purposes of this subsection, new information is information that is credible and that— 

‘‘(A) is found or received after November 18, 1997, by 

a United States intelligence agency, by a Department of Defense 

agency, or by a person specified in section 1504(g) of this 

title; or 

‘‘(B) is identified after November 18, 1997, in records of 

the United States as information that could be relevant to 

the case of one or more unaccounted for persons covered by 

subsection (a). 

‘‘(f) COORDINATION REQUIREMENTS.—(1) In establishing and carrying out the program, the Secretary of Defense shall coordinate 

with the Secretaries of the military departments, the Chairman 

of the Joint Chiefs of Staff, and the commanders of the combatant 

commands. 

‘‘(2) In carrying out the program, the Secretary of Defense 

shall establish close coordination with the Department of State, 

the Central Intelligence Agency, and the National Security Council 

to enhance the ability of the Department of Defense POW/MIA 

accounting community to account for persons covered by subsection 

(a).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 76 of such title is amended by striking the item 

relating to section 1509 and inserting the following new item: 

‘‘1509. Program to resolve preenactment missing person cases.’’. 

(c) CONFORMING AMENDMENT.—Section 1513(1) of such title 

is amended in the matter after subparagraph (B) by striking ‘‘section 

1509(b) of this title who is required by section 1509(a)(1) of this 

title’’ and inserting ‘‘subsection (a) of section 1509 of this title 

who is required by subsection (b) of such section’’. 

(d) IMPLEMENTATION.— 

(1) PRIORITY.—A priority of the program required by section 

1509 of title 10, United States Code, as amended by subsection 

(a), to resolve missing person cases arising before the enactment 

of chapter 76 of such title by section 569 of the National 

Defense Authorization Act for Fiscal Year 1996 (Public Law 

104–106; 110 Stat. 336) shall be the return of missing persons 

to United States control alive. 

(2) ACCOUNTING FOR GOAL.—In implementing the program, 

the Secretary of Defense, in coordination with the officials 

specified in subsection (f)(1) of section 1509 of title 10, United 

States Code, shall provide such funds, personnel, and resources 

as the Secretary considers appropriate to increase significantly 

the capability and capacity of the Department of Defense, the 

Armed Forces, and commanders of the combatant commands 

to account for missing persons so that, beginning with fiscal 

year 2015, the POW/MIA accounting community has sufficient 

10 USC 1509 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2299 

resources to ensure that at least 200 missing persons are 

accounted for under the program annually. 

(3) DEFINITIONS.—In this subsection: 

(A) The term ‘‘accounted for’’ has the meaning given 

such term in section 1513(3)(B) of title 10, United States 

Code. 

(B) The term ‘‘POW/MIA accounting community’’ has 

the meaning given such term in section 1509(b)(2) of such 

title. 

SEC. 542. POLICY AND PROCEDURES ON MEDIA ACCESS AND ATTENDANCE BY FAMILY MEMBERS AT CEREMONIES FOR THE DIGNIFIED TRANSFER OF REMAINS OF MEMBERS OF THE 

ARMED FORCES WHO DIE OVERSEAS. 

(a) DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON

MEDIA ACCESS AT CEREMONIES FOR DIGNIFIED TRANSFER OF

REMAINS OF MEMBERS OF THE ARMED FORCES WHO DIE OVERSEAS.— 

(1) POLICY REQUIRED.—Not later than April 1, 2010, the 

Secretary of Defense shall prescribe a policy guaranteeing 

media access at ceremonies for the dignified transfer of remains 

of members of the Armed Forces who die while located or 

serving overseas (in this section referred to as ‘‘military 

decedents’’) when approved by the primary next of kin of such 

military decedents. 

(2) PROCEDURES.—The policy developed under paragraph 

(1) shall include procedures to be followed by the military 

departments in conducting appropriate ceremonies for the dignified transfer of remains of military decedents. The procedures 

shall be uniform across the military departments except to 

the extent necessary to reflect the traditional practices or customs of a particular military department. 

(3) ELEMENTS.—The policy developed under paragraph (1) 

shall include, but not be limited to, the following: 

(A) Provision for access by media representatives to 

transfers described in paragraph (1) if approved in advance 

by the primary next of kin of the military decedent or 

their designee. 

(B) Procedures for designating with certainty who is 

authorized to make the decision to approve media access 

at transfer ceremonies described in that paragraph under 

reasonable, foreseeable circumstances. 

(C) Conditions for coverage that media representatives 

must comply with during such transfer ceremonies, and 

procedures for ensuring agreement in advance by media 

representatives with the conditions for coverage prescribed 

by military authorities. 

(D) Procedures for the waiver by the primary next 

of kin or other designees of Departmental polices relating 

to delays in release of casualty information to the media 

and general public, when such waiver is required. 

(b) TRANSPORTATION TO TRANSFER CEREMONIES.— 

(1) PROVISION OF TRANSPORTATION REQUIRED.—Section 411f 

of title 37, United States Code, is amended— 

(A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and 

Deadline. 

10 USC 1482 

note. 


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123 STAT. 2300 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) by inserting after subsection (d) the following new 

subsection (e): 

‘‘(e) TRANSPORTATION TO TRANSFER CEREMONIES OF MEMBERS

OF THE ARMED FORCES WHO DIE OVERSEAS.—(1) The Secretary 

of the military department concerned may provide round trip 

transportation to ceremonies for the transfer of a member of the 

armed forces who dies while located or serving overseas to the 

following: 

‘‘(A) The primary next of kin of the member. 

‘‘(B) Two family members (other than primary next of kin) 

of the member. 

‘‘(C) One or more additional family members of the member, 

at the discretion of the Secretary. 

‘‘(2)(A) For purposes of this subsection, the primary next of 

kin of a member of the armed forces shall be the eligible relatives 

of the member specified in subparagraphs (A) through (D) of subsection (c)(1). 

‘‘(B) The Secretaries of the military departments shall prescribe 

in regulations the family members of a member of the armed 

forces who shall constitute family members for purposes of subparagraphs (B) and (C) of paragraph (1). The Secretary of Defense 

shall ensure that such regulations are uniform across the military 

departments. 

‘‘(3) Transportation shall be provided under this subsection 

by means of Invitational Travel Authorizations. 

‘‘(4) The Secretary of a military department may, upon the 

request of the primary next of kin covered by paragraph (1)(A) 

and at the discretion of the Secretary, provide for the accompaniment of such next of kin in travel under this subsection by a 

casualty assistance officer or family liaison officer of the military 

department who shall act as an escort in such accompaniment.’’. 

(2) CONFORMING AND CLERICAL AMENDMENTS.— 

(A) HEADING AMENDMENT.—The heading of such section is amended to read as follows: 

‘‘§ 411f. Travel and transportation allowances: transportation 

for survivors of deceased member to attend member’s burial ceremonies; transportation for survivors of member dying overseas to attend transfer 

ceremonies’’. 

(B) CLERICAL AMENDMENT.—The table of sections at 

the beginning of chapter 7 of such title is amended by 

striking the item relating to section 411f and inserting 

the following new item: 

‘‘411f. Travel and transportation allowances: transportation for survivors of deceased 

member to attend member’s burial ceremonies; transportation for survivors of member dying overseas to attend transfer ceremonies.’’. 

(c) EFFECTIVE DATE.—This section and the amendments made 

by this section shall take effect on the date that is one year 

after the date of the enactment of this Act. 

SEC. 543. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER TO 

DESIGNATE PERSONS TO DIRECT DISPOSITION OF THE 

REMAINS OF A DECEASED MEMBER. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to Congress a 

37 USC 411f 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2301 

report evaluating the potential effects of expanding the list of persons under section 1482(c) of title 10, United States Code, who 

may be designated by a member of the Armed Forces as the person 

authorized to direct disposition of the remains of the member if 

the member is deceased to include persons who are not family 

members of members of the Armed Forces. 

SEC. 544. SENSE OF CONGRESS ON THE RECOVERY OF THE REMAINS 

OF MEMBERS OF THE ARMED FORCES WHO WERE KILLED 

DURING WORLD WAR II IN THE BATTLE OF TARAWA ATOLL. 

Congress— 

(1) reaffirms its support for the recovery and return to 

the United States of the remains of members of the Armed 

Forces killed in battle, and for the efforts by the Joint POWMIA Accounting Command to recover the remains of members 

of the Armed Forces from all wars; 

(2) recognizes the courage and sacrifice of the members 

of the Armed Forces who fought on Tarawa Atoll; 

(3) acknowledges the dedicated research and efforts by 

persons to identify, locate, and advocate for the recovery of 

remains from Tarawa; and 

(4) encourages the Department of Defense to review this 

research and, as appropriate, pursue new efforts to conduct 

field studies, new research, and undertake all feasible efforts 

to recover, identify, and return remains of members of the 

Armed Forces from Tarawa. 

Subtitle F—Decorations and Awards 

SEC. 551. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 

HONOR TO ANTHONY T. KAHO’OHANOHANO FOR ACTS OF 

VALOR DURING THE KOREAN WAR. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain medals 

to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 

3741 of such title to former Private First Class Anthony T. 

Kaho’ohanohano for the acts of valor during the Korean War 

described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of then Private First Class 

Anthony T. Kaho’ohanohano of Company H of the 17th Infantry 

Regiment of the 7th Infantry Division on September 1, 1951, during 

the Korean War for which he was originally awarded the Distinguished-Service Cross. 

SEC. 552. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO JACK T. STEWART FOR ACTS 

OF VALOR DURING THE VIETNAM WAR. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain medals 

to persons who served in the Armed Forces, the Secretary of the 

Army is authorized and requested to award the DistinguishedService Cross under section 3742 of such title to former Captain 

President. 


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123 STAT. 2302 PUBLIC LAW 111–84—OCT. 28, 2009 

Jack T. Stewart of the United States Army for the acts of valor 

during the Vietnam War described in subsection (b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Captain Jack T. Stewart 

as commander of a two-platoon Special Forces Mike Force element 

in combat with two battalions of the North Vietnamese Army on 

March 24, 1967, during the Vietnam War. 

SEC. 553. AUTHORIZATION AND REQUEST FOR AWARD OF DISTINGUISHED-SERVICE CROSS TO WILLIAM T. MILES, JR., FOR 

ACTS OF VALOR DURING THE KOREAN WAR. 

(a) AUTHORIZATION.—Notwithstanding the time limitations 

specified in section 3744 of title 10, United States Code, or any 

other time limitation with respect to the awarding of certain medals 

to persons who served in the Armed Forces, the Secretary of the 

Army is authorized and requested to award the DistinguishedService Cross under section 3742 of such title to former Sergeant 

First Class William T. Miles, Jr., of the United States Army for 

the acts of valor during the Korean War described in subsection 

(b). 

(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred 

to in subsection (a) are the actions of Sergeant First Class William 

T. Miles, Jr,. as a member of United States Special Forces from 

June 18, 1951, to July 6, 1951, during the Korean War, when 

he fought a delaying action against enemy forces in order to allow 

other members of his squad to escape an ambush. 

Subtitle G—Military Family Readiness 

Matters 

SEC. 561. ESTABLISHMENT OF ONLINE RESOURCES TO PROVIDE 

INFORMATION ABOUT BENEFITS AND SERVICES AVAILABLE TO MEMBERS OF THE ARMED FORCES AND THEIR 

FAMILIES. 

(a) INTERNET OUTREACH WEBSITE.— 

(1) ESTABLISHMENT.—The Secretary of Defense shall establish an Internet website or other online resources for the purpose of providing comprehensive information to members of 

the Armed Forces and their families about the benefits and 

services described in subsection (b) that are available to members of the Armed Forces and their families. 

(2) CONTACT INFORMATION.—The online resources shall provide contact information, both telephone and e-mail, that a 

member of the Armed Forces or dependent of the member 

can use to get specific information about benefits and services 

that may be available for the member or dependent. 

(b) COVERED BENEFITS AND SERVICES.—The information provided through the online resources established pursuant to subsection (a) shall include information regarding the following benefits 

and services that may be available to a member of the Armed 

Forces and dependents of the member: 

(1) Financial compensation, including financial counseling. 

(2) Health care and life insurance programs. 

(3) Death benefits. 

10 USC 1781 

note. 


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(4) Entitlements and survivor benefits for dependents, 

including offsets in the receipt of such benefits under the Survivor Benefit Plan and in connection with the receipt of dependency and indemnity compensation. 

(5) Educational assistance benefits, including limitations 

on and the transferability of such assistance. 

(6) Housing assistance benefits, including counseling. 

(7) Relocation planning and preparation. 

(8) Maintaining military records. 

(9) Legal assistance. 

(10) Quality of life programs. 

(11) Family and community programs. 

(12) Employment assistance upon separation or retirement 

of a member or for the spouse of the member. 

(13) Reserve component service for members completing 

service in a regular component. 

(14) Disability benefits, including offsets in connection with 

the receipt of such benefits. 

(15) Benefits and services provided under laws administered by the Secretary of Veterans Affairs. 

(16) Such other benefits and services as the Secretary 

of Defense considers appropriate. 

(c) DISSEMINATION OF INFORMATION ON AVAILABILITY ON

ONLINE RESOURCES.—The Secretaries of the military departments 

shall use public service announcements, publications, and such 

other announcements through the general media as the Secretaries 

consider appropriate to inform members of the Armed Forces and 

their families and the general public about the information available 

through the online resources established pursuant to subsection 

(a). 

(d) IMPLEMENTATION REPORT.—Not later than one year after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report on 

the quality and scope of the online resources established pursuant 

to subsection (a) to provide information about benefits and services 

for members of the Armed Forces and their families. 

SEC. 562. ADDITIONAL MEMBERS ON DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS COUNCIL. 

(a) RESERVE COMPONENT REPRESENTATION.—Paragraph (1) of 

section 1781a(b) of title 10, United States Code, is amended— 

(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; 

(2) by inserting after subparagraph (B) the following new 

subparagraph (C): 

‘‘(C) In addition to the representatives appointed under 

subparagraph (B)— 

‘‘(i) one representative from the Army National Guard 

or Air National Guard, who shall be appointed by the 

Secretary of Defense; and 

‘‘(ii) one representative from the Army Reserve, Navy 

Reserve, Marine Corps Reserve, or Air Force Reserve, who 

shall be appointed by the Secretary of Defense.’’; and 

(3) in subparagraph (E), as redesignated by paragraph 

(1), by striking ‘‘subparagraph (B)’’ and inserting ‘‘subparagraphs (B) and (C)’’. 


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123 STAT. 2304 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) TERM; ROTATION AMONG RESERVE COMPONENTS.—Paragraph (2) of such section is amended— 

(1) by striking ‘‘paragraph (1)(C)’’ and inserting ‘‘subparagraphs (C) and (D) of paragraph (1)’’; and 

(2) by adding at the end the following new sentences: 

‘‘Representation on the Council required by clause (i) of paragraph (1)(C) shall rotate between the Army National Guard 

and Air National Guard. Representation required by clause 

(ii) of such paragraph shall rotate among the reserve components specified in such clause.’’. 

SEC. 563. SUPPORT FOR MILITARY FAMILIES WITH SPECIAL NEEDS. 

(a) OFFICE OF COMMUNITY SUPPORT FOR MILITARY FAMILIES

WITH SPECIAL NEEDS.— (1) IN GENERAL.—Subchapter I of chapter 88 of title 10, 

United States Code, is amended by inserting after section 1781b 

the following new section: 

‘‘§ 1781c. Office of Community Support for Military Families 

With Special Needs 

‘‘(a) ESTABLISHMENT.—There is in the Office of the Under Secretary of Defense for Personnel and Readiness the Office of Community Support for Military Families With Special Needs (in this 

section referred to as the ‘Office’). 

‘‘(b) PURPOSE.—The purpose of the Office is to enhance and 

improve Department of Defense support around the world for military families with special needs (whether medical or educational 

needs) through the development of appropriate policies, enhancement and dissemination of appropriate information throughout the 

Department of Defense, support for such families in obtaining referrals for services and in obtaining service, and oversight of the 

activities of the military departments in support of such families. 

‘‘(c) DIRECTOR.—(1) The head of the Office shall be the Director 

of the Office of Community Support for Military Families With 

Special Needs, who shall be appointed by the Secretary of Defense 

from among civilian employees of the Department of Defense who 

are members of the Senior Executive Service or members of the 

armed forces in a general or flag grade. 

‘‘(2) The Director shall be subject to the supervision, direction, 

and control of the Under Secretary of Defense for Personnel and 

Readiness in the discharge of the responsibilities of the Office, 

and shall report directly to the Under Secretary regarding the 

discharge of such responsibilities. 

‘‘(d) RESPONSIBILITIES.—The Office shall have the responsibilities as follows: 

‘‘(1) To develop and implement a comprehensive policy on 

support for military families with special needs as required 

by subsection (e). 

‘‘(2) To establish and oversee the programs required by 

subsection (f). 

‘‘(3) To identify gaps in services available through the 

Department of Defense for military families with special needs. 

‘‘(4) To develop plans to address gaps identified under 

paragraph (3) through appropriate mechanisms, such as 

enhancing resources and training and ensuring the provision 

of special assistance to military families with special needs 

and military parents of individuals with special needs 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2305 

(including through the provision of training and seminars to 

members of the armed forces). 

‘‘(5) To monitor the programs of the military departments 

for the assignment of members of the armed forces who are 

members of military families with special needs, and the programs for the support of such military families, and to advise 

the Secretary of Defense on the adequacy of such programs 

in conjunction with the preparation of future-years defense 

programs and other budgeting and planning activities of the 

Department of Defense. 

‘‘(6) To monitor the availability and accessibility of programs provided by other Federal, State, local, and non-governmental agencies to military families with special needs. 

‘‘(7) To carry out such other matters with respect to the 

programs and activities of the Department of Defense regarding 

military families with special needs as the Under Secretary 

of Defense for Personnel and Readiness shall specify. 

‘‘(e) POLICY.—(1) The Office shall develop, and update from 

time to time, a uniform policy for the Department of Defense 

regarding military families with special needs. The policy shall 

apply with respect to members of the armed forces without regard 

to their location, whether within or outside the continental United 

States. 

‘‘(2) The policy developed under this subsection shall include 

elements regarding the following: 

‘‘(A) The assignment of members of the armed forces who 

are members of military families with special needs. 

‘‘(B) Support for military families with special needs. 

‘‘(3) In addressing the assignment of members of the armed 

forces under paragraph (2)(A), the policy developed under this subsection shall, in a manner consistent with the needs of the armed 

forces and responsive to the career development of members of 

the armed forces on active duty, provide for such members each 

of the following: 

‘‘(A) Assignment to locations where care and support for 

family members with special needs are available. 

‘‘(B) Stabilization of assignment for a minimum of 4 years. 

‘‘(4) In addressing support for military families under paragraph 

(2)(B), the policy developed under this subsection shall provide 

the following: 

‘‘(A) Procedures to identify members of the armed forces 

who are members of military families with special needs. 

‘‘(B) Mechanisms to ensure timely and accurate evaluations 

of members of such families who have special needs. 

‘‘(C) Procedures to facilitate the enrollment of such members of the armed forces and their families in programs of 

the military department for the support of military families 

with special needs. 

‘‘(D) Procedures to ensure the coordination of Department 

of Defense health care programs and support programs for 

military families with special needs, and the coordination of 

such programs with other Federal, State, local, and non-governmental health care programs and support programs intended 

to serve such families. 

‘‘(E) Requirements for resources (including staffing) to 

ensure the availability through the Department of Defense 


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123 STAT. 2306 PUBLIC LAW 111–84—OCT. 28, 2009 

of appropriate numbers of case managers to provide individualized support for military families with special needs. 

‘‘(F) Requirements regarding the development and continuous updating of an individualized services plan (medical and 

educational) for each military family with special needs. 

‘‘(G) Requirements for record keeping, reporting, and 

continuous monitoring of available resources and family needs 

under individualized services support plans for military families 

with special needs, including the establishment and maintenance of a central or various regional databases for such purposes. 

‘‘(f) PROGRAMS.—(1) The Office shall establish, maintain, and 

oversee a program to provide information and referral services 

on special needs matters to military families with special needs 

on a continuous basis regardless of the location of the member’s 

assignment. The program shall provide for timely access by members of such military families to individual case managers and 

counselors on matters relating to special needs. 

‘‘(2) The Office shall establish, maintain, and oversee a program 

of outreach on special needs matters for military families with 

special needs. The program shall— 

‘‘(A) assist military families in identifying whether or not 

they have a member with special needs; and 

‘‘(B) provide military families with special needs with 

information on the services, support, and assistance available 

through the Department of Defense regarding such members 

with special needs, including information on enrollment in programs of the military departments for such services, support, 

and assistance. 

‘‘(3)(A) The Office shall provide support to the Secretary of 

each military department in the establishment and sustainment 

by such Secretary of a program for the support of military families 

with special needs under the jurisdiction of such Secretary. Each 

program shall be consistent with the policy developed by the Office 

under subsection (e). 

‘‘(B) Each program under this paragraph shall provide for 

appropriate numbers of case managers for the development and 

oversight of individualized services plans for educational and medical support for military families with special needs. 

‘‘(C) Services under a program under this paragraph may be 

provided by contract or other arrangements with non-Department 

of Defense entities qualified to provide such services. 

‘‘(g) RESOURCES.—The Secretary of Defense shall assign to the 

Office such resources, including personnel, as the Secretary considers necessary for the discharge of the responsibilities of the 

Office, including a sufficient number of members of the armed 

forces to ensure appropriate representation by the military departments in the personnel of the Office. 

‘‘(h) REPORTS.—(1) Not later than 180 days after the date 

of the enactment of the National Defense Authorization Act for 

Fiscal Year 2010, and annually thereafter, the Secretary of Defense 

shall submit to the congressional defense committees a report on 

the activities of the Office. 

‘‘(2) Each report under this subsection shall include the following: 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2307 

‘‘(A) A description of any gaps in services available through 

the Department of Defense for military families with special 

needs that were identified under subsection (d)(3). 

‘‘(B) A description of the actions being taken, or planned, 

to address such gaps, including any plans developed under 

subsection (d)(4). 

‘‘(C) Such recommendations for legislative action as the 

Secretary considers appropriate to provide for the continuous 

improvement of support and services for military families with 

special needs. 

‘‘(i) MILITARY FAMILY WITH SPECIAL NEEDS.—For purposes of 

this section, a military family with special needs is any military 

family with one or more members who has a medical or educational 

special need (as defined by the Secretary in regulations for purposes 

of this section), including a condition covered by the Extended 

Health Care Option Program under section 1079f of this title.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter I of chapter 88 of such title is amended 

by inserting after the item relating to section 1781b the following new item: 

‘‘1781c. Office of Community Support for Military Families With Special Needs.’’. 

(3) REPEAL OF SUPERSEDED AUTHORITY.—Section 587 of 

the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 122 Stat. 133; 10 U.S.C. 1781 note) 

is repealed. 

(b) FOUNDATION FOR SUPPORT OF MILITARY FAMILIES WITH

SPECIAL NEEDS.— 

(1) ESTABLISHMENT AUTHORIZED.—The Secretary of Defense 

may establish a foundation for the provision of assistance to 

the Department of Defense in providing support to military 

families with special needs. 

(2) PURPOSES.—The purposes of the foundation shall be 

to assist the Department of Defense as follows: 

(A) In conducting outreach to identify military families 

with special needs. 

(B) In developing programs to support and provide 

services to military families with special needs. 

(C) In developing educational curricula for the training 

of professional and paraprofessional personnel providing 

support and services on special needs to military families 

with special needs. 

(D) In conducting research on the following: 

(i) The unique factors associated with a military 

career (including deployments of members of the 

Armed Forces) and their effects on families and individuals with special needs. 

(ii) Evidence-based therapeutic and medical services for members of military families with special 

needs, including research in conjunction with nonDepartment of Defense entities such as the National 

Institutes of Health. 

(E) In providing vocational education and training for 

adolescent and adult members of military families with 

special needs. 

(F) In carrying out other initiatives to contribute to 

improved support for military families with special needs. 

10 USC 1781c 

note. 


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123 STAT. 2308 PUBLIC LAW 111–84—OCT. 28, 2009 

(3) DEPARTMENT OF DEFENSE FUNDING.—The Secretary may 

provide the foundation such financial support as the Secretary 

considers appropriate, including the provision to the foundation 

of appropriated funds and non-appropriated funds available 

to the Department of Defense. 

(4) ANNUAL REPORT.—The foundation shall submit to the 

Secretary, and to the congressional defense committees, each 

year a report on its activities under this subsection during 

the preceding year. Each report shall include, for the year 

covered by such report, the following: 

(A) A description of the programs and activities of 

the foundation. 

(B) The budget of the foundation, including the sources 

of any funds provided to the foundation. 

(5) MILITARY FAMILY WITH SPECIAL NEEDS DEFINED.—In 

this subsection, the term ‘‘military family with special needs’’ 

has the meaning given such term in section 1781c(i) of title 

10, United States Code (as added by subsection (a)). 

(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to any 

other amounts authorized to be appropriated for the Department 

of Defense for fiscal year 2010 for support of military families 

with special needs, there is hereby authorized to be appropriated 

to the Department of Defense for fiscal year 2010 for military 

personnel, $50,000,000 for purposes of carrying out this section 

and the amendments made by this section. Of such amount, not 

less than $40,000,000 shall be allocated to the military departments 

for the execution of programs and activities in carrying out this 

section and the amendments made by this section in fiscal year 

2010. 

SEC. 564. PILOT PROGRAM TO SECURE INTERNSHIPS FOR MILITARY 

SPOUSES WITH FEDERAL AGENCIES. 

(a) COST-REIMBURSEMENT AGREEMENTS WITH FEDERAL AGENCIES.—The Secretary of Defense may enter into an agreement with 

the head of an executive department or agency that has an established internship program to reimburse the department or agency 

for authorized costs associated with the first year of employment 

of an eligible military spouse who is selected to participate in 

the internship program of the department or agency. 

(b) ELIGIBLE MILITARY SPOUSES.— 

(1) ELIGIBILITY.—Except as provided in paragraph (2), any 

person who is married to a member of the Armed Forces on 

active duty is eligible for selection to participate in an internship program under a reimbursement agreement entered into 

under subsection (a). 

(2) EXCLUSIONS.—Reimbursement may not be provided 

with respect to the following persons: 

(A) A person who is legally separated from a member 

of the Armed Forces under court order or statute of any 

State, the District of Columbia, or possession of the United 

States when the person begins the internship. 

(B) A person who is also a member of the Armed 

Forces on active duty. 

(C) A person who is a retired member of the Armed 

Forces. 

10 USC 1784 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2309 

(c) FUNDING SOURCE.—Amounts authorized to be appropriated 

for operation and maintenance, for Defense-wide activities, shall 

be available to carry out this section. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘authorized costs’’ includes the costs of the 

salary, benefits and allowances, and training for an eligible 

military spouse during the first year of the participation of 

the military spouse in an internship program pursuant to an 

agreement under subsection (a). 

(2) The term ‘‘internship’’ means a professional, analytical, 

or administrative position in the Federal Government that operates under a developmental program leading to career advancement. 

(e) TERMINATION OF AGREEMENT AUTHORITY.—No agreement 

may be entered into under subsection (a) after September 30, 2011. 

Authorized costs incurred after that date may be reimbursed under 

an agreement entered into before that date in the case of eligible 

military spouses who begin their internship by that date. 

(f) REPORTING REQUIREMENT.—Not later than January 1, 2012, 

the Secretary of Defense shall submit to the congressional defense 

committees a report that provides information on how many eligible 

military spouses received internships pursuant to agreements 

entered into under subsection (a) and the types of internship positions they occupied. The report shall specify the number of interns 

who subsequently obtained permanent employment with the department or agency administering the internship program or with 

another department or agency. The Secretary shall include a recommendation regarding whether, given the investment of Department of Defense funds, the authority to enter into agreements 

should be extended, modified, or terminated. 

SEC. 565. FAMILY AND MEDICAL LEAVE FOR FAMILY OF 

SERVICEMEMBERS. 

(a) GENERAL REQUIREMENTS FOR LEAVE.— 

(1) DEFINITION OF COVERED ACTIVE DUTY.— 

(A) DEFINITION.—Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended— 

(i) by striking paragraph (14) and inserting the 

following: 

‘‘(14) COVERED ACTIVE DUTY.—The term ‘covered active 

duty’ means— 

‘‘(A) in the case of a member of a regular component 

of the Armed Forces, duty during the deployment of the 

member with the Armed Forces to a foreign country; and 

‘‘(B) in the case of a member of a reserve component 

of the Armed Forces, duty during the deployment of the 

member with the Armed Forces to a foreign country under 

a call or order to active duty under a provision of law 

referred to in section 101(a)(13)(B) of title 10, United States 

Code.’’; and 

(ii) by striking paragraph (15) and redesignating 

paragraphs (16) through (19) as paragraphs (15) 

through (18), respectively. 

(B) LEAVE.—Section 102 of the Family and Medical 

Leave Act of 1993 (29 U.S.C. 2612) is amended— 

(i) in subsection (a)(1)(E)— 


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123 STAT. 2310 PUBLIC LAW 111–84—OCT. 28, 2009 

(I) by striking ‘‘active duty’’ each place it 

appears and inserting ‘‘covered active duty’’; and 

(II) by striking ‘‘in support of a contingency 

operation’’; and 

(ii) in subsection (e)(3)— 

(I) in the paragraph heading, by striking 

‘‘ACTIVE DUTY’’ and inserting ‘‘COVERED ACTIVE

DUTY’’; 

(II) by striking ‘‘active duty’’ each place it 

appears and inserting ‘‘covered active duty’’; and 

(III) by striking ‘‘in support of a contingency 

operation’’. 

(C) CONFORMING AMENDMENT.—Section 103(f) of the 

Family and Medical Leave Act of 1993 (29 U.S.C. 2613(f)) 

is amended, in the subsection heading, by striking ‘‘ACTIVE

DUTY’’ each place it appears and inserting ‘‘COVERED

ACTIVE DUTY’’. 

(2) DEFINITION OF COVERED SERVICEMEMBER.—Paragraph 

(15) of section 101 of the Family and Medical Leave Act of 

1993 (29 U.S.C. 2611) (as redesignated by paragraph (1)(A)(ii)) 

is amended to read as follows: 

‘‘(15) COVERED SERVICEMEMBER.—The term ‘covered servicemember’ means— 

‘‘(A) a member of the Armed Forces (including a 

member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary 

disability retired list, for a serious injury or illness; or 

‘‘(B) a veteran who is undergoing medical treatment, 

recuperation, or therapy, for a serious injury or illness 

and who was a member of the Armed Forces (including 

a member of the National Guard or Reserves) at any time 

during the period of 5 years preceding the date on which 

the veteran undergoes that medical treatment, recuperation, or therapy.’’. 

(3) DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.— 

Section 101 of the Family and Medical Leave Act of 1993 

(29 U.S.C. 2611) is further amended by striking paragraph 

(18) (as redesignated by paragraph (1)(A)(ii)) and inserting 

the following: 

‘‘(18) SERIOUS INJURY OR ILLNESS.—The term ‘serious injury 

or illness’— 

‘‘(A) in the case of a member of the Armed Forces 

(including a member of the National Guard or Reserves), 

means an injury or illness that was incurred by the member 

in line of duty on active duty in the Armed Forces (or 

existed before the beginning of the member’s active duty 

and was aggravated by service in line of duty on active 

duty in the Armed Forces) and that may render the member 

medically unfit to perform the duties of the member’s office, 

grade, rank, or rating; and 

‘‘(B) in the case of a veteran who was a member of 

the Armed Forces (including a member of the National 

Guard or Reserves) at any time during a period described 

in paragraph (15)(B), means a qualifying (as defined by 

the Secretary of Labor) injury or illness that was incurred 

by the member in line of duty on active duty in the Armed 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2311 

Forces (or existed before the beginning of the member’s 

active duty and was aggravated by service in line of duty 

on active duty in the Armed Forces) and that manifested 

itself before or after the member became a veteran. 

‘‘(19) VETERAN.—The term ‘veteran’ has the meaning given 

the term in section 101 of title 38, United States Code.’’. 

(4) TECHNICAL AMENDMENT.—Section 102(e)(2)(A) of the 

Family and Medical Leave Act of 1993 (29 U.S.C. 2612(e)(2)(A)) 

is amended by striking ‘‘or parent’’ and inserting ‘‘parent, or 

covered servicemember’’. 

(5) REGULATIONS.—In prescribing regulations to carry out 

the amendments made by this subsection, the Secretary of 

Labor shall consult with the Secretary of Defense and the 

Secretary of Veterans Affairs, as applicable. 

(b) LEAVE FOR CIVIL SERVICE EMPLOYEES.— 

(1) EXIGENCY LEAVE FOR SERVICEMEMBERS ON COVERED

ACTIVE DUTY.— 

(A) DEFINITION.—Section 6381(7) of title 5, United 

States Code, is amended to read as follows: 

‘‘(7) the term ‘covered active duty’ means— 

‘‘(A) in the case of a member of a regular component 

of the Armed Forces, duty during the deployment of the 

member with the Armed Forces to a foreign country; and 

‘‘(B) in the case of a member of a reserve component 

of the Armed Forces, duty during the deployment of the 

member with the Armed Forces to a foreign country under 

a call or order to active duty under a provision of law 

referred to in section 101(a)(13)(B) of title 10, United States 

Code;’’. 

(B) LEAVE.—Section 6382 of title 5, United States Code, 

is amended— 

(i) in subsection (a)(1), by adding at the end the 

following: 

‘‘(E) Because of any qualifying exigency arising out of the 

fact that the spouse, or a son, daughter, or parent of the 

employee is on covered active duty (or has been notified of 

an impending call or order to covered active duty) in the Armed 

Forces.’’; 

(ii) in subsection (b)(1), by inserting after the 

second sentence the following: ‘‘Subject to subsection 

(e)(3) and section 6383(f), leave under subsection 

(a)(1)(E) may be taken intermittently or on a reduced 

leave schedule.’’; 

(iii) in subsection (d), by striking ‘‘or (D)’’ and 

inserting ‘‘(D), or (E)’’; and 

(iv) in subsection (e), by adding at the end the 

following: 

‘‘(3) In any case in which the necessity for leave under subsection (a)(1)(E) is foreseeable, whether because the spouse, or 

a son, daughter, or parent, of the employee is on covered active 

duty, or because of notification of an impending call or order to 

covered active duty, the employee shall provide such notice to 

the employer as is reasonable and practicable.’’. 

(C) CERTIFICATION.—Section 6383(f) of title 5, United 

States Code, is amended by striking ‘‘section 6382(a)(3)’’ 

and inserting ‘‘paragraph (1)(E) or (3) of section 6382(a)’’. 

29 USC 2611 

note. 


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123 STAT. 2312 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) DEFINITION OF COVERED SERVICEMEMBER.—Paragraph 

(8) of section 6381 of title 5, United States Code, is amended 

to read as follows: 

‘‘(8) the term ‘covered servicemember’ means— 

‘‘(A) a member of the Armed Forces (including a 

member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary 

disability retired list, for a serious injury or illness; or 

‘‘(B) a veteran who is undergoing medical treatment, 

recuperation, or therapy, for a serious injury or illness 

and who was a member of the Armed Forces (including 

a member of the National Guard or Reserves) at any time 

during the period of 5 years preceding the date on which 

the veteran undergoes that medical treatment, recuperation, or therapy;’’. 

(3) DEFINITIONS OF SERIOUS INJURY OR ILLNESS; VETERAN.— 

Section 6381 of title 5, United States Code, is further 

amended— 

(A) in paragraph (10), by striking ‘‘and’’ at the end; 

and 

(B) by striking paragraph (11) and inserting the following: 

‘‘(11) the term ‘serious injury or illness’— 

‘‘(A) in the case of a member of the Armed Forces 

(including a member of the National Guard or Reserves), 

means an injury or illness that was incurred by the member 

in line of duty on active duty in the Armed Forces (or 

existed before the beginning of the member’s active duty 

and was aggravated by service in line of duty on active 

duty in the Armed Forces) and that may render the member 

medically unfit to perform the duties of the member’s office, 

grade, rank, or rating; and 

‘‘(B) in the case of a veteran who was a member of 

the Armed Forces (including a member of the National 

Guard or Reserves) at any time during a period described 

in paragraph (8)(B), means an injury or illness that was 

incurred by the member in line of duty on active duty 

in the Armed Forces (or existed before the beginning of 

the member’s active duty and was aggravated by service 

in line of duty on active duty in the Armed Forces) and 

that manifested itself before or after the member became 

a veteran; and 

‘‘(12) the term ‘veteran’ has the meaning given the term 

in section 101 of title 38, United States Code.’’. 

(4) TECHNICAL AMENDMENT.—Section 6382(e)(2)(A) of title 

5, United States Code, is amended by striking ‘‘or parent’’ 

and inserting ‘‘parent, or covered servicemember’’. 

(5) REGULATIONS.—In prescribing regulations to carry out 

the amendments made by this subsection, the Office of Personnel Management shall consult with the Secretary of Defense 

and the Secretary of Veterans Affairs, as applicable. 

5 USC 6381 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2313 

SEC. 566. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN THE ARMED 

FORCES BY DEFENSE TASK FORCE ON SEXUAL ASSAULT 

IN THE MILITARY SERVICES. 

Section 576(e)(1) of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 1924; 10 U.S.C. 4331 note) is amended by striking ‘‘one year 

after the initiation of its examination under subsection (b)’’ and 

inserting ‘‘December 1, 2009’’. 

SEC. 567. IMPROVED PREVENTION AND RESPONSE TO ALLEGATIONS 

OF SEXUAL ASSAULT INVOLVING MEMBERS OF THE 

ARMED FORCES. 

(a) PREVENTION AND RESPONSE PLAN.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a revised plan for the implementation of policies aimed at preventing and responding effectively to 

sexual assaults involving members of the Armed Forces. The revised 

implementation plan shall include, at a minimum, the following 

elements: 

(1) New initiatives aimed at reducing the number of sexual 

assaults, including timelines for implementation of such initiatives. 

(2) Requirements for monitoring and reporting on progress 

in implementation of such initiatives and methods to measure 

the effectiveness of plans that implement the policies of the 

Department of Defense regarding sexual assaults involving 

members of the Armed Forces. 

(3) Training programs for judge advocates, criminal investigators, commanders, prospective commanding officers, senior 

enlisted members, and personnel with less than six months 

of active-duty service. 

(4) Information about the status of implementation, funding 

requirements and budgetary implications, and overall utility 

of data reporting systems on incidents of sexual assault 

involving members of the Armed Forces. 

(5) Actions taken to implement recommendations of the 

Defense Task Force on Sexual Assault in the Military Services 

established pursuant to section 576 of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 10 U.S.C. 4331 note). 

(6) Information about the funding needed to fully implement initiatives aimed at preventing and responding to sexual 

assault involving members of the Armed Forces. 

(b) SEXUAL ASSAULT MEDICAL FORENSIC EXAMINATIONS.— 

(1) CAPABILITY TO CONDUCT TIMELY SEXUAL ASSAULT MEDICAL FORENSIC EXAMINATIONS IN COMBAT ZONES.—Not later than 

180 days after the date of the enactment of this Act, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a 

report evaluating the protocols and capabilities of the Armed 

Forces to conduct timely and effective sexual assault medical 

forensic examinations in combat zones. The report shall include, 

at a minimum, the following: 

(A) The current availability of sexual assault medical 

forensic examination protocols, trained personnel, and requisite equipment in combat zones. 

Deadline. 

Reports. 

Deadline. 


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123 STAT. 2314 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) An assessment of the barriers to providing timely 

sexual assault medical forensic examinations to victims 

of sexual assault at all echelons of care in combat zones. 

(C) Recommendations regarding improved capability 

to conduct timely and effective sexual assault medical 

forensic examinations in combat zones. 

(2) TRICARE COVERAGE FOR FORENSIC MEDICAL EXAMINA- TIONS FOLLOWING SEXUAL ASSAULTS.—Not later than 30 days 

after the date of the enactment of this Act, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report 

describing the progress made in implementing section 

1079(a)(17) of title 10, United States Code, as added by section 

701 of the John Warner National Defense Authorization Act 

for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2279). 

(c) MILITARY PROTECTIVE ORDERS.— (1) REQUIREMENT FOR DATA COLLECTION.— 

(A) IN GENERAL.—Pursuant to regulations prescribed 

by the Secretary of Defense, information shall be collected 

on— 

(i) whether a military protective order was issued 

that involved either the victim or alleged perpetrator 

of a sexual assault; and 

(ii) whether military protective orders involving 

members of the Armed Forces were violated in the 

course of substantiated incidents of sexual assaults 

against members of the Armed Forces. 

(B) SUBMISSION OF DATA.—The data required to be 

collected under this subsection shall be included in the 

annual report submitted to Congress on sexual assaults 

involving members of the Armed Forces. 

(2) INFORMATION TO MEMBERS.—Not later than 180 days 

after the date of the enactment of this Act, the Secretary 

of Defense shall submit to the Committees on Armed Services 

of the Senate and the House of Representatives a report 

explaining the measures being taken to ensure that, when 

a military protective order has been issued, the member of 

the Armed Forces who is protected by the order is informed, 

in a timely manner, of the member’s option to request transfer 

from the command to which the member is assigned. 

(d) COMPTROLLER GENERAL REPORT.— 

(1) REPORT REQUIRED.—Not later than one year after the 

date of the enactment of this Act, the Comptroller General 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report containing a review 

of the capability of each of the Armed Forces to timely and 

effectively investigate and adjudicate allegations of sexual 

assault against members of the Armed Forces. The Comptroller 

General shall determine whether existing policies and 

implementation plans of the Department of Defense, and the 

resources devoted for this purpose, are adequate or negatively 

affect the ability of each of the Armed Forces to facilitate 

the prevention, investigation, and adjudication of such allegations under the Uniform Code of Military Justice. 

(2) ELEMENTS OF REPORT.—The report required by paragraph (1) shall refer to and incorporate the recommendations 

of the Defense Task Force on Sexual Assault in the Military 

Deadline. 

Reports. 

10 USC 113 note. 

Deadline. 

Reports. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2315 

Services regarding investigation and adjudication of sexual 

assault, and include a review of the following: 

(A) The procedures required by each of the Armed 

Forces for responding to allegations of sexual assault 

(including guidance to commanding officers, standard operating and reporting procedures, and related matters), and 

the personnel (including judge advocates) and budgetary 

resources available to each of the Armed Forces to respond 

to allegations of sexual assault. 

(B) The scope and effectiveness of personnel training 

methods regarding investigation and adjudication of sexual 

assault cases. 

(C) The capability to investigate and adjudicate sexual 

assault cases in combat zones. 

(D) An assessment whether the existing policies of 

the Department of Defense aimed at preventing and 

responding to incidents of sexual assault are adequate. 

SEC. 568. COMPTROLLER GENERAL REPORT ON PROGRESS MADE IN 

IMPLEMENTING RECOMMENDATIONS TO REDUCE 

DOMESTIC VIOLENCE IN MILITARY FAMILIES. 

(a) ASSESSMENT.—The Comptroller General shall review and 

assess the progress made by the Department of Defense in implementing the recommendations contained in the report by the Comptroller General entitled ‘‘Military Personnel: Progress Made in 

Implementing Recommendations to reduce Domestic Violence, but 

Further Management Action Needed’’ (GAO–06–540). 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the congressional defense committees a report containing the results 

of the review and assessment under subsection (a). 

SEC. 569. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON MILITARY 

FAMILIES. 

Not later than one year after the date of the enactment of 

this Act, the Secretary of Defense shall submit to Congress a 

report containing— 

(1) an assessment of the impact of domestic violence in 

families of members of the Armed Forces on the children of 

such families; and 

(2) information on progress being made to ensure that 

children of families of members of the Armed Forces receive 

adequate care and services when such children are exposed 

to domestic violence. 

SEC. 570. REPORT ON INTERNATIONAL INTRAFAMILIAL ABDUCTION 

OF CHILDREN OF MEMBERS OF THE ARMED FORCES. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall, in 

consultation with the Secretary of State and the Secretaries of 

the military departments, submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on the total number of children abducted from and returned to 

members of the Armed Forces in international intrafamilial abductions during the years 2007 through 2009, as such number was 

included in the numbers and elements of the annual Report on 

Compliance with the Hague Convention on the Civil Aspects of 

International Child Abduction with respect to such years. 

Review. 


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123 STAT. 2316 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) ELEMENTS.—The report shall include an assessment of the 

following: 

(1) The current availability of, and the additional need 

for, assistance (including general information, psychological 

counseling, financial assistance, leave for travel, and legal services) provided by the military departments to left-behind members of the Armed Forces involved in international intrafamilial 

child abductions for the purpose of obtaining the return of 

their abducted children and ensuring the military readiness 

of such members of the Armed Forces. 

(2) The measures taken by the Department of Defense 

and the military departments, including any written policy 

guidelines, to prevent the abduction of children of members 

of the Armed Forces. 

(3) The means by which members of the Armed Forces 

are educated on the risks of international intrafamilial child 

abduction, particularly when they first arrive at a military 

installation overseas or when the Armed Forces receive notice 

that a member is considering marriage or divorce overseas. 

SEC. 571. ASSESSMENT OF IMPACT OF DEPLOYMENT OF MEMBERS 

OF THE ARMED FORCES ON THEIR DEPENDENT CHILDREN. 

(a) ASSESSMENT REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall undertake 

a comprehensive assessment of the impacts of military deployment on the dependent children of deployed members of the 

Armed Forces. 

(2) CONSIDERATION OF SEPARATE CATEGORIES OF CHILDREN.—In conducting the assessment under paragraph (1), the 

Secretary shall separately address each of the following categories of dependent children of deployed members: 

(A) Preschool-age children. 

(B) Elementary-school age children. 

(C) Teenage or adolescent children. 

(3) CONSIDERATION OF SEPARATE CATEGORIES OF MEM- BERS.—In conducting the assessment under paragraph (1), the 

Secretary shall separately address children of deployed members in the following circumstances: 

(A) Two-parent families with only one parent in the 

Armed Forces. 

(B) Members who are single parents. 

(C) Parents who are both members and subject to 

dual deployments. 

(b) ELEMENTS.—The assessment undertaken under subsection 

(a) shall specifically address the following: 

(1) The impact that separation due to the deployment of 

a military parent or parents has on children. 

(2) The impact that multiple deployments of a military 

parent or parents have on children. 

(3) The impact that the return from deployment of a 

severely wounded or injured military parent or parents has 

on children. 

(4) The impact that the death of a military parent or 

parents in connection with a deployment has on children. 

(5) The impact that deployment of a military parent or 

parents has on children with preexisting psychological conditions, such as anxiety and depression. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2317 

(6) The impact that deployment of a military parent or 

parents has on risk factors, such as child abuse, child neglect, 

family violence, substance abuse by children, or parental substance abuse. 

(7) Such other matters as the Secretary considers appropriate. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report containing the results of the assessment undertaken under 

subsection (a), including the findings and recommendations of the 

Secretary as a result of the assessment. 

SEC. 572. REPORT ON CHILD CUSTODY LITIGATION INVOLVING 

SERVICE OF MEMBERS OF THE ARMED FORCES. 

(a) REPORT REQUIRED.—Not later than March 31, 2010, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on all known reported cases since September 2003 involving child 

custody disputes in which the service of a member of the Armed 

Forces, whether a member of a regular component of the Armed 

Forces or a member of a reserve component of the Armed Forces, 

was an issue in the custody dispute. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A statement of the total number of cases, by Armed 

Force, in which members of the Armed Forces have lost custody 

of a child as a result of deployment, or the prospect of deployment, under military orders. 

(2) A summary of applicable Federal law pertaining to 

child custody disputes involving members of the Armed Forces. 

(3) An analysis of the litigation history of all available 

reported cases involving child custody disputes in which the 

deployment of a member of the Armed Forces was an issue 

in the dispute, and a discussion of the rationale presented 

by deciding judges and courts of the reasons for their rulings. 

(4) An assessment of the nature and extent of the problem, 

if any, for members of the Armed Forces who are custodial 

parents in being able to deploy and perform their operational 

mission while continuing to fulfill their role as parents with 

sole or joint custody of minor children. 

(5) A discussion of measures being taken by the States, 

or which are under consideration by State legislatures, to 

address matters relating to child custody disputes in which 

one of the parties is a member of the Armed Forces, and 

an assessment of whether State legislatures and State courts 

are cognizant of issues involving members of the Armed Forces 

with minor children. 

(6) A discussion of Family Care Plan policies aimed at 

ensuring that appropriate measures are taken by members 

of the Armed Forces to avoid litigation in child custody disputes. 

(7) Such recommendations as the Secretary considers 

appropriate regarding how best to assist members of the Armed 

Forces who are single, custodial parents with respect to child 

custody disputes in connection with the performance of military 

duties, including the need for legislative or administrative 

action to provide such assistance. 


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123 STAT. 2318 PUBLIC LAW 111–84—OCT. 28, 2009 

(8) Such other recommendations for legislative or administrative action as the Secretary considers appropriate. 

SEC. 573. COMPTROLLER GENERAL REPORT ON CHILD CARE ASSISTANCE FOR MEMBERS OF THE ARMED FORCES. 

(a) IN GENERAL.—Not later than 18 months after the date 

of the enactment of this Act, the Comptroller General of the United 

States shall submit to the Committees on Armed Services of the 

Senate and the House of Representatives a report on financial 

assistance for child care provided by the Department of Defense 

to members of the Armed Forces (including members of the reserve 

components of the Armed Forces who are deployed in connection 

with a contingency operation). 

(b) ELEMENTS.—The report required by subsection (a) shall 

include an assessment of the following: 

(1) The types of financial assistance for child care made 

available by the Department of Defense to members of the 

Armed Forces (including members of the reserve components 

of the Armed Forces who are deployed in connection with 

a contingency operation). 

(2) The extent to which such members have taken advantage of such assistance since such assistance was first made 

available. 

(3) The formulas used for calculating the amount of such 

assistance provided to such members. 

(4) The funding allocated to such assistance. 

(5) The remaining costs of child care to families of such 

members that are not covered by the Department of Defense. 

(6) Any barriers to access to such assistance faced by such 

members and the families of such members. 

(7) The different criteria used by different States with 

respect to the regulation of child care services and the potential 

impact differences in such criteria may have on the access 

of such members to such assistance. 

(8) The different standards and criteria used by different 

programs of the Department of Defense for providing such 

assistance with respect to child care providers and the potential 

impact differences in such standards and criteria may have 

on the access of such members to such assistance. 

(9) The number of qualified families that do not receive 

any financial assistance for child care made available by the 

Department of Defense. 

(10) Any other matters the Comptroller General determines 

relevant to the improvement of financial assistance to expand 

access for child care made available by the Department of 

Defense to members of the Armed Forces (including members 

of the reserve components of the Armed Forces who are 

deployed in connection with a contingency operation). 

Subtitle H—Military Voting 

SEC. 575. SHORT TITLE. 

This subtitle may be cited as the ‘‘Military and Overseas Voter 

Empowerment Act’’. 

42 USC 1971 

note. 

Military and 

Overseas Voter 

Empowerment 

Act. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2319 

SEC. 576. CLARIFICATION REGARDING DELEGATION OF STATE 

RESPONSIBILITIES TO LOCAL JURISDICTIONS. 

Nothing in the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973ff et seq.) may be construed to prohibit 

a State from delegating its responsibilities in carrying out the 

requirements of such Act, including any requirements imposed as 

a result of the provisions of and amendments made by this Act, 

to jurisdictions in the State. 

SEC. 577. ESTABLISHMENT OF PROCEDURES FOR ABSENT UNIFORMED 

SERVICES VOTERS AND OVERSEAS VOTERS TO REQUEST 

AND FOR STATES TO SEND VOTER REGISTRATION 

APPLICATIONS AND ABSENTEE BALLOT APPLICATIONS BY 

MAIL AND ELECTRONICALLY. 

(a) IN GENERAL.—Section 102 of the Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is amended— 

(1) in subsection (a)— 

(A) in paragraph (4), by striking ‘‘and’’ at the end; 

(B) in paragraph (5), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(6) in addition to any other method of registering to vote 

or applying for an absentee ballot in the State, establish procedures— 

‘‘(A) for absent uniformed services voters and overseas 

voters to request by mail and electronically voter registration applications and absentee ballot applications with 

respect to general, special, primary, and runoff elections 

for Federal office in accordance with subsection (e); 

‘‘(B) for States to send by mail and electronically (in 

accordance with the preferred method of transmission designated by the absent uniformed services voter or overseas 

voter under subparagraph (C)) voter registration applications and absentee ballot applications requested under 

subparagraph (A) in accordance with subsection (e); and 

‘‘(C) by which the absent uniformed services voter or 

overseas voter can designate whether the voter prefers 

that such voter registration application or absentee ballot 

application be transmitted by mail or electronically.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(e) DESIGNATION OF MEANS OF ELECTRONIC COMMUNICATION

FOR ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS

TO REQUEST AND FOR STATES TO SEND VOTER REGISTRATION

APPLICATIONS AND ABSENTEE BALLOT APPLICATIONS, AND FOR

OTHER PURPOSES RELATED TO VOTING INFORMATION.— 

‘‘(1) IN GENERAL.—Each State shall, in addition to the 

designation of a single State office under subsection (b), designate not less than 1 means of electronic communication— 

‘‘(A) for use by absent uniformed services voters and 

overseas voters who wish to register to vote or vote in 

any jurisdiction in the State to request voter registration 

applications and absentee ballot applications under subsection (a)(6); 

‘‘(B) for use by States to send voter registration applications and absentee ballot applications requested under such 

subsection; and 

42 USC 1973ff–1 

note. 


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123 STAT. 2320 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(C) for the purpose of providing related voting, balloting, and election information to absent uniformed services voters and overseas voters. 

‘‘(2) CLARIFICATION REGARDING PROVISION OF MULTIPLE

MEANS OF ELECTRONIC COMMUNICATION.—A State may, in addition to the means of electronic communication so designated, 

provide multiple means of electronic communication to absent 

uniformed services voters and overseas voters, including a 

means of electronic communication for the appropriate jurisdiction of the State. 

‘‘(3) INCLUSION OF DESIGNATED MEANS OF ELECTRONIC

COMMUNICATION WITH INFORMATIONAL AND INSTRUCTIONAL

MATERIALS THAT ACCOMPANY BALLOTING MATERIALS.—Each 

State shall include a means of electronic communication so 

designated with all informational and instructional materials 

that accompany balloting materials sent by the State to absent 

uniformed services voters and overseas voters. 

‘‘(4) AVAILABILITY AND MAINTENANCE OF ONLINE REPOSITORY

OF STATE CONTACT INFORMATION.—The Federal Voting Assistance Program of the Department of Defense shall maintain 

and make available to the public an online repository of State 

contact information with respect to elections for Federal office, 

including the single State office designated under subsection 

(b) and the means of electronic communication designated under 

paragraph (1), to be used by absent uniformed services voters 

and overseas voters as a resource to send voter registration 

applications and absentee ballot applications to the appropriate 

jurisdiction in the State. 

‘‘(5) TRANSMISSION IF NO PREFERENCE INDICATED.—In the 

case where an absent uniformed services voter or overseas 

voter does not designate a preference under subsection (a)(6)(C), 

the State shall transmit the voter registration application or 

absentee ballot application by any delivery method allowable 

in accordance with applicable State law, or if there is no 

applicable State law, by mail. 

‘‘(6) SECURITY AND PRIVACY PROTECTIONS.— 

‘‘(A) SECURITY PROTECTIONS.—To the extent practicable, States shall ensure that the procedures established 

under subsection (a)(6) protect the security and integrity 

of the voter registration and absentee ballot application 

request processes. 

‘‘(B) PRIVACY PROTECTIONS.—To the extent practicable, 

the procedures established under subsection (a)(6) shall 

ensure that the privacy of the identity and other personal 

data of an absent uniformed services voter or overseas 

voter who requests or is sent a voter registration application or absentee ballot application under such subsection 

is protected throughout the process of making such request 

or being sent such application.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to the regularly scheduled general election 

for Federal office held in November 2010 and each succeeding 

election for Federal office. 

42 USC 1973ff–1 

note. 

Public 

information. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2321 

SEC. 578. ESTABLISHMENT OF PROCEDURES FOR STATES TO 

TRANSMIT BLANK ABSENTEE BALLOTS BY MAIL AND ELECTRONICALLY TO ABSENT UNIFORMED SERVICES VOTERS 

AND OVERSEAS VOTERS. 

(a) IN GENERAL.—Section 102 of the Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended 

by section 577, is amended— 

(1) in subsection (a)— 

(A) in paragraph (5), by striking ‘‘and’’ at the end; 

(B) in paragraph (6), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(7) in addition to any other method of transmitting blank 

absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to absent 

uniformed services voters and overseas voters with respect 

to general, special, primary, and runoff elections for Federal 

office in accordance with subsection (f).’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f) TRANSMISSION OF BLANK ABSENTEE BALLOTS BY MAIL AND

ELECTRONICALLY.— 

‘‘(1) IN GENERAL.—Each State shall establish procedures— 

‘‘(A) to transmit blank absentee ballots by mail and 

electronically (in accordance with the preferred method 

of transmission designated by the absent uniformed services voter or overseas voter under subparagraph (B)) to 

absent uniformed services voters and overseas voters for 

an election for Federal office; and 

‘‘(B) by which the absent uniformed services voter or 

overseas voter can designate whether the voter prefers 

that such blank absentee ballot be transmitted by mail 

or electronically. 

‘‘(2) TRANSMISSION IF NO PREFERENCE INDICATED.—In the 

case where an absent uniformed services voter or overseas 

voter does not designate a preference under paragraph (1)(B), 

the State shall transmit the ballot by any delivery method 

allowable in accordance with applicable State law, or if there 

is no applicable State law, by mail. 

‘‘(3) SECURITY AND PRIVACY PROTECTIONS.— 

‘‘(A) SECURITY PROTECTIONS.—To the extent practicable, States shall ensure that the procedures established 

under subsection (a)(7) protect the security and integrity 

of absentee ballots. 

‘‘(B) PRIVACY PROTECTIONS.—To the extent practicable, 

the procedures established under subsection (a)(7) shall 

ensure that the privacy of the identity and other personal 

data of an absent uniformed services voter or overseas 

voter to whom a blank absentee ballot is transmitted under 

such subsection is protected throughout the process of such 

transmission.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to the regularly scheduled general election 

for Federal office held in November 2010 and each succeeding 

election for Federal office. 

42 USC 1973ff–1 

note. 


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123 STAT. 2322 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 579. ENSURING ABSENT UNIFORMED SERVICES VOTERS AND 

OVERSEAS VOTERS HAVE TIME TO VOTE. 

(a) IN GENERAL.—Section 102 of the Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)(1)), as amended 

by sections 577 and 578, is amended— 

(1) in subsection (a)— 

(A) in paragraph (6), by striking ‘‘and’’ at the end; 

(B) in paragraph (7), by striking the period at the 

end and inserting a semicolon; and 

(C) by adding at the end the following new paragraph: 

‘‘(8) transmit a validly requested absentee ballot to an 

absent uniformed services voter or overseas voter— 

‘‘(A) except as provided in subsection (g), in the case 

in which the request is received at least 45 days before 

an election for Federal office, not later than 45 days before 

the election; and 

‘‘(B) in the case in which the request is received less 

than 45 days before an election for Federal office— 

‘‘(i) in accordance with State law; and 

‘‘(ii) if practicable and as determined appropriate 

by the State, in a manner that expedites the transmission of such absentee ballot.’’; 

(2) by adding at the end the following new subsection: 

‘‘(g) HARDSHIP EXEMPTION.— 

‘‘(1) IN GENERAL.—If the chief State election official determines that the State is unable to meet the requirement under 

subsection (a)(8)(A) with respect to an election for Federal 

office due to an undue hardship described in paragraph (2)(B), 

the chief State election official shall request that the Presidential designee grant a waiver to the State of the application 

of such subsection. Such request shall include— 

‘‘(A) a recognition that the purpose of such subsection 

is to allow absent uniformed services voters and overseas 

voters enough time to vote in an election for Federal office; 

‘‘(B) an explanation of the hardship that indicates why 

the State is unable to transmit absent uniformed services 

voters and overseas voters an absentee ballot in accordance 

with such subsection; 

‘‘(C) the number of days prior to the election for Federal 

office that the State requires absentee ballots be transmitted to absent uniformed services voters and overseas 

voters; and 

‘‘(D) a comprehensive plan to ensure that absent uniformed services voters and overseas voters are able to 

receive absentee ballots which they have requested and 

submit marked absentee ballots to the appropriate State 

election official in time to have that ballot counted in 

the election for Federal office, which includes— 

‘‘(i) the steps the State will undertake to ensure 

that absent uniformed services voters and overseas 

voters have time to receive, mark, and submit their 

ballots in time to have those ballots counted in the 

election; 

‘‘(ii) why the plan provides absent uniformed services voters and overseas voters sufficient time to vote 

as a substitute for the requirements under such subsection; and 

Waiver authority. 

Deadlines. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2323 

‘‘(iii) the underlying factual information which 

explains how the plan provides such sufficient time 

to vote as a substitute for such requirements. 

‘‘(2) APPROVAL OF WAIVER REQUEST.—After consulting with 

the Attorney General, the Presidential designee shall approve 

a waiver request under paragraph (1) if the Presidential designee determines each of the following requirements are met: 

‘‘(A) The comprehensive plan under subparagraph (D) 

of such paragraph provides absent uniformed services 

voters and overseas voters sufficient time to receive 

absentee ballots they have requested and submit marked 

absentee ballots to the appropriate State election official 

in time to have that ballot counted in the election for 

Federal office. 

‘‘(B) One or more of the following issues creates an 

undue hardship for the State: 

‘‘(i) The State’s primary election date prohibits the 

State from complying with subsection (a)(8)(A). 

‘‘(ii) The State has suffered a delay in generating 

ballots due to a legal contest. 

‘‘(iii) The State Constitution prohibits the State 

from complying with such subsection. 

‘‘(3) TIMING OF WAIVER.— 

‘‘(A) IN GENERAL.—Except as provided under subparagraph (B), a State that requests a waiver under paragraph 

(1) shall submit to the Presidential designee the written 

waiver request not later than 90 days before the election 

for Federal office with respect to which the request is 

submitted. The Presidential designee shall approve or deny 

the waiver request not later than 65 days before such 

election. 

‘‘(B) EXCEPTION.—If a State requests a waiver under 

paragraph (1) as the result of an undue hardship described 

in paragraph (2)(B)(ii), the State shall submit to the Presidential designee the written waiver request as soon as 

practicable. The Presidential designee shall approve or 

deny the waiver request not later than 5 business days 

after the date on which the request is received. 

‘‘(4) APPLICATION OF WAIVER.—A waiver approved under 

paragraph (2) shall only apply with respect to the election 

for Federal office for which the request was submitted. For 

each subsequent election for Federal office, the Presidential 

designee shall only approve a waiver if the State has submitted 

a request under paragraph (1) with respect to such election.’’. 

(b) RUNOFF ELECTIONS.—Section 102(a) of the Uniformed and 

Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1(a)), 

as amended by subsection (a) and sections 577 and 578, is 

amended— 

(1) in paragraph (7), by striking ‘‘and’’ at the end; 

(2) in paragraph (8), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(9) if the State declares or otherwise holds a runoff election 

for Federal office, establish a written plan that provides 

absentee ballots are made available to absent uniformed services voters and overseas voters in manner that gives them 

sufficient time to vote in the runoff election.’’. 

Deadlines. 


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123 STAT. 2324 PUBLIC LAW 111–84—OCT. 28, 2009 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to the regularly scheduled general election 

for Federal office held in November 2010 and each succeeding 

election for Federal office. 

SEC. 580. PROCEDURES FOR COLLECTION AND DELIVERY OF MARKED 

ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED 

SERVICES VOTERS. 

(a) IN GENERAL.—The Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended by 

inserting after section 103 the following new section: 

‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY OF 

MARKED ABSENTEE BALLOTS OF ABSENT OVERSEAS UNIFORMED SERVICES VOTERS. 

‘‘(a) ESTABLISHMENT OF PROCEDURES.—The Presidential designee shall establish procedures for collecting marked absentee 

ballots of absent overseas uniformed services voters in regularly 

scheduled general elections for Federal office, including absentee 

ballots prepared by States and the Federal write-in absentee ballot 

prescribed under section 103, and for delivering such marked 

absentee ballots to the appropriate election officials. 

‘‘(b) DELIVERY TO APPROPRIATE ELECTION OFFICIALS.— 

‘‘(1) IN GENERAL.—Under the procedures established under 

this section, the Presidential designee shall implement procedures that facilitate the delivery of marked absentee ballots 

of absent overseas uniformed services voters for regularly scheduled general elections for Federal office to the appropriate 

election officials, in accordance with this section, not later than 

the date by which an absentee ballot must be received in 

order to be counted in the election. 

‘‘(2) COOPERATION AND COORDINATION WITH THE UNITED

STATES POSTAL SERVICE.—The Presidential designee shall carry 

out this section in cooperation and coordination with the United 

States Postal Service, and shall provide expedited mail delivery 

service for all such marked absentee ballots of absent uniformed 

services voters that are collected on or before the deadline 

described in paragraph (3) and then transferred to the United 

States Postal Service. 

‘‘(3) DEADLINE DESCRIBED.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the deadline described in this paragraph is noon (in 

the location in which the ballot is collected) on the seventh 

day preceding the date of the regularly scheduled general 

election for Federal office. 

‘‘(B) AUTHORITY TO ESTABLISH ALTERNATIVE DEADLINE

FOR CERTAIN LOCATIONS.—If the Presidential designee 

determines that the deadline described in subparagraph 

(A) is not sufficient to ensure timely delivery of the ballot 

under paragraph (1) with respect to a particular location 

because of remoteness or other factors, the Presidential 

designee may establish as an alternative deadline for that 

location the latest date occurring prior to the deadline 

described in subparagraph (A) which is sufficient to provide 

timely delivery of the ballot under paragraph (1). 

‘‘(4) NO POSTAGE REQUIREMENT.—In accordance with section 

3406 of title 39, United States Code, such marked absentee 

42 USC 

1973ff–2a. 

42 USC 1973ff–1 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2325 

ballots and other balloting materials shall be carried free of 

postage. 

‘‘(5) DATE OF MAILING.—Such marked absentee ballots shall 

be postmarked with a record of the date on which the ballot 

is mailed. 

‘‘(c) OUTREACH FOR ABSENT OVERSEAS UNIFORMED SERVICES

VOTERS ON PROCEDURES.—The Presidential designee shall take 

appropriate actions to inform individuals who are anticipated to 

be absent overseas uniformed services voters in a regularly scheduled general election for Federal office to which this section applies 

of the procedures for the collection and delivery of marked absentee 

ballots established pursuant to this section, including the manner 

in which such voters may utilize such procedures for the submittal 

of marked absentee ballots pursuant to this section. 

‘‘(d) ABSENT OVERSEAS UNIFORMED SERVICES VOTER DEFINED.— 

In this section, the term ‘absent overseas uniformed services voter’ 

means an overseas voter described in section 107(5)(A). 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Presidential designee such sums as may 

be necessary to carry out this section.’’. 

(b) CONFORMING AMENDMENT.—Section 101(b) of such Act (42 

U.S.C. 1973ff(b)) is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (6); 

(2) by striking the period at the end of paragraph (7) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(8) carry out section 103A with respect to the collection 

and delivery of marked absentee ballots of absent overseas 

uniformed services voters in elections for Federal office.’’. 

(c) STATE RESPONSIBILITIES.—Section 102(a) of such Act (42 

U.S.C. 1973ff–1(a)), as amended by sections 577, 578, and 579, 

is amended— 

(1) in paragraph (8), by striking ‘‘and’’ at the end; 

(2) in paragraph (9), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding the following new paragraph: 

‘‘(10) carry out section 103A(b)(1) with respect to the processing and acceptance of marked absentee ballots of absent 

overseas uniformed services voters.’’. 

(d) TRACKING MARKED BALLOTS.—Section 102 of such Act (42 

U.S.C. 1973ff–1(a)) is amended by adding at the end the following 

new subsection: 

‘‘(h) TRACKING MARKED BALLOTS.—The chief State election official, in coordination with local election jurisdictions, shall develop 

a free access system by which an absent uniformed services voter 

or overseas voter may determine whether the absentee ballot of 

the absent uniformed services voter or overseas voter has been 

received by the appropriate State election official.’’. 

(e) PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE

BALLOTS.—Section 101(b) of the Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff(b)), as amended by subsection 

(b), is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (7); 

(2) by striking the period at the end of paragraph (8) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 


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123 STAT. 2326 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(9) to the greatest extent practicable, take such actions 

as may be necessary— 

‘‘(A) to ensure that absent uniformed services voters 

who cast absentee ballots at locations or facilities under 

the jurisdiction of the Presidential designee are able to 

do so in a private and independent manner; and 

‘‘(B) to protect the privacy of the contents of absentee 

ballots cast by absentee uniformed services voters and overseas voters while such ballots are in the possession or 

control of the Presidential designee.’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to the regularly scheduled general election 

for Federal office held in November 2010 and each succeeding 

election for Federal office. 

SEC. 581. FEDERAL WRITE-IN ABSENTEE BALLOT. 

(a) USE IN GENERAL, SPECIAL, PRIMARY, AND RUNOFF ELECTIONS FOR FEDERAL OFFICE.— 

(1) IN GENERAL.—Section 103 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–2) is 

amended— 

(A) in subsection (a), by striking ‘‘general elections 

for Federal office’’ and inserting ‘‘general, special, primary, 

and runoff elections for Federal office’’; 

(B) in subsection (e), in the matter preceding paragraph 

(1), by striking ‘‘a general election’’ and inserting ‘‘a general, 

special, primary, or runoff election for Federal office’’; and 

(C) in subsection (f), by striking ‘‘the general election’’ 

each place it appears and inserting ‘‘the general, special, 

primary, or runoff election for Federal office’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on December 31, 2010, and apply 

with respect to elections for Federal office held on or after 

such date. 

(b) PROMOTION AND EXPANSION OF USE.—Section 103(a) of the 

Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 

1973ff–2) is amended— 

(1) by striking ‘‘GENERAL.—The Presidential’’ and inserting 

‘‘GENERAL.— 

‘‘(1) FEDERAL WRITE-IN ABSENTEE BALLOT.—The Presidential’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) PROMOTION AND EXPANSION OF USE OF FEDERAL WRITEIN ABSENTEE BALLOTS.— 

‘‘(A) IN GENERAL.—Not later than December 31, 2011, 

the Presidential designee shall adopt procedures to promote 

and expand the use of the Federal write-in absentee ballot 

as a back-up measure to vote in elections for Federal office. 

‘‘(B) USE OF TECHNOLOGY.—Under such procedures, 

the Presidential designee shall utilize technology to implement a system under which the absent uniformed services 

voter or overseas voter may— 

‘‘(i) enter the address of the voter or other information relevant in the appropriate jurisdiction of the 

State, and the system will generate a list of all candidates in the election for Federal office in that jurisdiction; and 

Deadline. 

Procedures. 

42 USC 1973ff 

note. 

42 USC 1973ff 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2327 

‘‘(ii) submit the marked Federal write-in absentee 

ballot by printing the ballot (including complete 

instructions for submitting the marked Federal writein absentee ballot to the appropriate State election 

official and the mailing address of the single State 

office designated under section 102(b)). 

‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Presidential designee 

such sums as may be necessary to carry out this paragraph.’’. 

SEC. 582. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION 

AND ABSENTEE BALLOT APPLICATIONS, MARKED 

ABSENTEE BALLOTS, AND FEDERAL WRITE-IN ABSENTEE 

BALLOTS FOR FAILURE TO MEET CERTAIN REQUIREMENTS. 

(a) VOTER REGISTRATION AND ABSENTEE BALLOT APPLICATIONS.—Section 102 of the Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff–1) is amended by adding 

at the end the following new subsection: 

‘‘(i) PROHIBITING REFUSAL TO ACCEPT APPLICATIONS FOR

FAILURE TO MEET CERTAIN REQUIREMENTS.—A State shall not 

refuse to accept and process any otherwise valid voter registration 

application or absentee ballot application (including the official 

post card form prescribed under section 101) or marked absentee 

ballot submitted in any manner by an absent uniformed services 

voter or overseas voter solely on the basis of the following: 

‘‘(1) Notarization requirements. 

‘‘(2) Restrictions on paper type, including weight and size. 

‘‘(3) Restrictions on envelope type, including weight and 

size.’’. 

(b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Section 103 of such 

Act (42 U.S.C. 1973ff–2) is amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection: 

‘‘(f) PROHIBITING REFUSAL TO ACCEPT BALLOT FOR FAILURE

TO MEET CERTAIN REQUIREMENTS.—A State shall not refuse to 

accept and process any otherwise valid Federal write-in absentee 

ballot submitted in any manner by an absent uniformed services 

voter or overseas voter solely on the basis of the following: 

‘‘(1) Notarization requirements. 

‘‘(2) Restrictions on paper type, including weight and size. 

‘‘(3) Restrictions on envelope type, including weight and 

size.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to the regularly scheduled general election 

for Federal office held in November 2010 and each succeeding 

election for Federal office. 

SEC. 583. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS. 

(a) FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.— 

(1) IN GENERAL.—The Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff et seq.), as amended 

by section 580(a), is amended by inserting after section 103A 

the following new section: 

42 USC 1973ff–1 

note. 


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123 STAT. 2328 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS. 

‘‘(a) DUTIES.—The Presidential designee shall carry out the 

following duties: 

‘‘(1) Develop online portals of information to inform absent 

uniformed services voters regarding voter registration procedures and absentee ballot procedures to be used by such voters 

with respect to elections for Federal office. 

‘‘(2) Establish a program to notify absent uniformed services 

voters of voter registration information and resources, the availability of the Federal postcard application, and the availability 

of the Federal write-in absentee ballot on the military Global 

Network, and shall use the military Global Network to notify 

absent uniformed services voters of the foregoing 90, 60, and 

30 days prior to each election for Federal office. 

‘‘(b) CLARIFICATION REGARDING OTHER DUTIES AND OBLIGA- TIONS.—Nothing in this section shall relieve the Presidential designee of their duties and obligations under any directives or regulations issued by the Department of Defense, including the Department of Defense Directive 1000.04 (or any successor directive or 

regulation) that is not inconsistent or contradictory to the provisions 

of this section. 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Federal Voting Assistance Program of 

the Department of Defense (or a successor program) such sums 

as are necessary for purposes of carrying out this section.’’. 

(2) CONFORMING AMENDMENTS.—Section 101 of such Act 

(42 U.S.C. 1973ff), as amended by section 580, is amended— 

(A) in subparagraph (b)— 

(i) by striking ‘‘and’’ at the end of paragraph (8); 

(ii) by striking the period at the end of paragraph 

(9) and inserting ‘‘; and’’; and 

(iii) by adding at the end the following new paragraph: 

‘‘(10) carry out section 103B with respect to Federal Voting 

Assistance Program Improvements.’’; and 

(B) by adding at the end the following new subsection: 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR CARRYING OUT

FEDERAL VOTING ASSISTANCE PROGRAM IMPROVEMENTS.—There are 

authorized to be appropriated to the Presidential designee such 

sums as are necessary for purposes of carrying out subsection 

(b)(10).’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to the regularly scheduled 

general election for Federal office held in November 2010 and 

each succeeding election for Federal office. 

(b) VOTER REGISTRATION ASSISTANCE FOR ABSENT UNIFORMED

SERVICES VOTERS.— 

(1) IN GENERAL.—Chapter 80 of title 10, United States 

Code, is amended by inserting after section 1566 the following 

new section: 

‘‘§ 1566a. Voting assistance: voter assistance offices 

‘‘(a) DESIGNATION OF OFFICES ON MILITARY INSTALLATIONS AS

VOTER ASSISTANCE OFFICES.—Not later than 180 days after the 

date of the enactment of the National Defense Authorization Act 

for Fiscal Year 2010 and under regulations prescribed by the Secretary of Defense under subsection (f), the Secretaries of the military 

Deadline. 

42 USC 1973ff 

note. 

42 USC 

1973ff–2b. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2329 

departments shall designate offices on installations under their 

jurisdiction to provide absent uniformed services voters, particularly 

those individuals described in subsection (b), and their family members with the following: 

‘‘(1) Information on voter registration procedures and 

absentee ballot procedures (including the official post card form 

prescribed under section 101 of the Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff). 

‘‘(2) Information and assistance, if requested, including 

access to the Internet where practicable, to register to vote 

in an election for Federal office. 

‘‘(3) Information and assistance, if requested, including 

access to the Internet where practicable, to update the individual’s voter registration information, including instructions for 

absent uniformed services voters to change their address by 

submitting the official post card form prescribed under section 

101 of the Uniformed and Overseas Citizens Absentee Voting 

Act to the appropriate State election official. 

‘‘(4) Information and assistance, if requested, to request 

an absentee ballot under the Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff et seq.). 

‘‘(b) COVERED INDIVIDUALS.—The individuals described in this 

subsection are absent uniformed services voters who— 

‘‘(1) are undergoing a permanent change of duty station; 

‘‘(2) are deploying overseas for at least six months; 

‘‘(3) are returning from an overseas deployment of at least 

six months; or 

‘‘(4) otherwise request assistance related to voter registration. 

‘‘(c) TIMING OF PROVISION OF ASSISTANCE.—The regulations prescribed by the Secretary of Defense under subsection (f) shall 

ensure, to the maximum extent practicable and consistent with 

military necessity, that the assistance provided under subsection 

(a) is provided to a covered individual described in subsection (b)— 

‘‘(1) if described in subsection (b)(1), as part of the administrative in-processing of the covered individual upon arrival 

at the new duty station of the covered individual; 

‘‘(2) if described in subsection (b)(2), as part of the administrative out-processing of the covered individual in preparation 

for deployment from the home duty station of the covered 

individual; 

‘‘(3) if described in subsection (b)(3), as part of the administrative in-processing of the covered individual upon return to 

the home duty station of the covered individual; or 

‘‘(4) if described in subsection (b)(4), at the time the covered 

individual requests such assistance. 

‘‘(d) OUTREACH.—The Secretary of each military department, 

or the Presidential designee, shall take appropriate actions to 

inform absent uniformed services voters of the assistance available 

under subsection (a), including— 

‘‘(1) the availability of information and voter registration 

assistance at offices designated under subsection (a); and 

‘‘(2) the time, location, and manner in which an absent 

uniformed services voter may utilize such assistance. 

‘‘(e) AUTHORITY TO DESIGNATE VOTING ASSISTANCE OFFICES

AS VOTER REGISTRATION AGENCY ON MILITARY INSTALLATIONS.— The Secretary of Defense may authorize the Secretaries of the 


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123 STAT. 2330 PUBLIC LAW 111–84—OCT. 28, 2009 

military departments to designate offices on military installations 

as voter registration agencies under section 7(a)(2) of the National 

Voter Registration Act of 1993 (42 U.S.C. 1973gg–5(a)(2)) for all 

purposes of such Act. Any office so designated shall discharge 

the requirements of this section, under the regulations prescribed 

by the Secretary of Defense under subsection (f). 

‘‘(f) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations relating to the administration of the requirements of 

this section. The regulations shall be prescribed before the regularly 

scheduled general election for Federal office held in November 

2010, and shall be implemented for such general election for Federal 

office and for each succeeding election for Federal office. 

‘‘(g) DEFINITIONS.—In this section: 

‘‘(1) The term ‘absent uniformed services voter’ has the 

meaning given that term in section 107(1) of the Uniformed 

and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

6(1)). 

‘‘(2) The term ‘Federal office’ has the meaning given that 

term in section 107(3) of the Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff–6(3)). 

‘‘(3) The term ‘Presidential designee’ means the official 

designated by the President under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 

1973ff(a)).’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 80 of such title is amended by inserting 

after the item relating to section 1566 the following new item: 

‘‘1566a. Voting assistance: voter assistance offices.’’. 

SEC. 584. DEVELOPMENT OF STANDARDS FOR REPORTING AND 

STORING CERTAIN DATA. 

(a) IN GENERAL.—Section 101(b) of such Act (42 U.S.C. 

1973ff(b)), as amended by sections 580 and 583, is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (9); 

(2) by striking the period at the end of paragraph (10) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(11) working with the Election Assistance Commission 

and the chief State election official of each State, develop standards— 

‘‘(A) for States to report data on the number of absentee 

ballots transmitted and received under section 102(c) and 

such other data as the Presidential designee determines 

appropriate; and 

‘‘(B) for the Presidential designee to store the data 

reported.’’. 

(b) CONFORMING AMENDMENT.—Section 102(a) of such Act (42 

U.S.C. 1973ff–1(a)), as amended by sections 577, 578, 579, and 

580, is amended— 

(1) in paragraph (9), by striking ‘‘and’’ at the end; 

(2) in paragraph (10), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(11) report data on the number of absentee ballots transmitted and received under section 102(c) and such other data 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2331 

as the Presidential designee determines appropriate in accordance with the standards developed by the Presidential designee 

under section 101(b)(11).’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to the regularly scheduled general election 

for Federal office held in November 2010 and each succeeding 

election for Federal office. 

SEC. 585. REPEAL OF PROVISIONS RELATING TO USE OF SINGLE 

APPLICATION FOR ALL SUBSEQUENT ELECTIONS. 

(a) IN GENERAL.—Subsections (a) through (d) of section 104 

of the Uniformed and Overseas Citizens Absentee Voting Act (42 

U.S.C. 1973ff–3) are repealed. 

(b) CONFORMING AMENDMENTS.—The Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is amended— 

(1) in section 101(b)— 

(A) in paragraph (2), by striking ‘‘, for use by States 

in accordance with section 104’’; and 

(B) in paragraph (4), by striking ‘‘for use by States 

in accordance with section 104’’; and 

(2) in section 104, as amended by subsection (a)— 

(A) in the section heading, by striking ‘‘USE OF SINGLE

APPLICATION FOR ALL SUBSEQUENT ELECTIONS’’ and 

inserting ‘‘PROHIBITION OF REFUSAL OF APPLICATIONS ON

GROUNDS OF EARLY SUBMISSION’’; and 

(B) in subsection (e), by striking ‘‘(e) PROHIBITION OF

REFUSAL OF APPLICATIONS ON GROUNDS OF EARLY SUBMISSION.—’’. 

SEC. 586. REPORTING REQUIREMENTS. 

The Uniformed and Overseas Citizens Absentee Voting Act 

(42 U.S.C. 1973ff et seq.) is amended by inserting after section 

105 the following new section: 

‘‘SEC. 105A. REPORTING REQUIREMENTS. 

‘‘(a) REPORT ON STATUS OF IMPLEMENTATION AND ASSESSMENT

OF PROGRAMS.—Not later than 180 days after the date of the 

enactment of the Military and Overseas Voter Empowerment Act, 

the Presidential designee shall submit to the relevant committees 

of Congress a report containing the following information: 

‘‘(1) The status of the implementation of the procedures 

established for the collection and delivery of marked absentee 

ballots of absent overseas uniformed services voters under section 103A, and a detailed description of the specific steps taken 

towards such implementation for the regularly scheduled general election for Federal office held in November 2010. 

‘‘(2) An assessment of the effectiveness of the Voting Assistance Officer Program of the Department of Defense, which 

shall include the following: 

‘‘(A) A thorough and complete assessment of whether 

the Program, as configured and implemented as of such 

date of enactment, is effectively assisting absent uniformed 

services voters in exercising their right to vote. 

‘‘(B) An inventory and explanation of any areas of 

voter assistance in which the Program has failed to accomplish its stated objectives and effectively assist absent uniformed services voters in exercising their right to vote. 

42 USC 

1973ff–4a. 

42 USC 1973ff. 

42 USC 1973ff 

note. 


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123 STAT. 2332 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(C) As necessary, a detailed plan for the implementation of any new program to replace or supplement voter 

assistance activities required to be performed under this 

Act. 

‘‘(3) A detailed description of the specific steps taken 

towards the implementation of voter registration assistance 

for absent uniformed services voters under section 1566a of 

title 10, United States Code. 

‘‘(b) ANNUAL REPORT ON EFFECTIVENESS OF ACTIVITIES AND

UTILIZATION OF CERTAIN PROCEDURES.—Not later than March 31 

of each year, the Presidential designee shall transmit to the President and to the relevant committees of Congress a report containing 

the following information: 

‘‘(1) An assessment of the effectiveness of activities carried 

out under section 103B, including the activities and actions 

of the Federal Voting Assistance Program of the Department 

of Defense, a separate assessment of voter registration and 

participation by absent uniformed services voters, a separate 

assessment of voter registration and participation by overseas 

voters who are not members of the uniformed services, and 

a description of the cooperation between States and the Federal 

Government in carrying out such section. 

‘‘(2) A description of the utilization of voter registration 

assistance under section 1566a of title 10, United States Code, 

which shall include the following: 

‘‘(A) A description of the specific programs implemented 

by each military department of the Armed Forces pursuant 

to such section. 

‘‘(B) The number of absent uniformed services voters 

who utilized voter registration assistance provided under 

such section. 

‘‘(3) In the case of a report submitted under this subsection 

in the year following a year in which a regularly scheduled 

general election for Federal office is held, a description of 

the utilization of the procedures for the collection and delivery 

of marked absentee ballots established pursuant to section 

103A, which shall include the number of marked absentee 

ballots collected and delivered under such procedures and the 

number of such ballots which were not delivered by the time 

of the closing of the polls on the date of the election (and 

the reasons such ballots were not so delivered). 

‘‘(c) DEFINITIONS.—In this section: 

‘‘(1) ABSENT OVERSEAS UNIFORMED SERVICES VOTER.—The 

term ‘absent overseas uniformed services voter’ has the 

meaning given such term in section 103A(d). 

‘‘(2) PRESIDENTIAL DESIGNEE.—The term ‘Presidential designee’ means the Presidential designee under section 101(a). 

‘‘(3) RELEVANT COMMITTEES OF CONGRESS DEFINED.—The 

term ‘relevant committees of Congress’ means— 

‘‘(A) the Committees on Appropriations, Armed Services, and Rules and Administration of the Senate; and 

‘‘(B) the Committees on Appropriations, Armed Services, and House Administration of the House of Representatives.’’. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2333 

SEC. 587. ANNUAL REPORT ON ENFORCEMENT. 

Section 105 of the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973f–4) is amended— 

(1) by striking ‘‘The Attorney’’ and inserting ‘‘(a) IN GENERAL.—The Attorney’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) REPORT TO CONGRESS.—Not later than December 31 of 

each year, the Attorney General shall submit to Congress an annual 

report on any civil action brought under subsection (a) during 

the preceding year.’’. 

SEC. 588. REQUIREMENTS PAYMENTS. 

(a) USE OF FUNDS.—Section 251(b) of the Help America Vote 

Act of 2002 (42 U.S.C. 15401(b)) is amended— 

(1) in paragraph (1), by striking ‘‘paragraph (2)’’ and 

inserting ‘‘paragraphs (2) and (3)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) ACTIVITIES UNDER UNIFORMED AND OVERSEAS CITIZENS

ABSENTEE VOTING ACT.—A State shall use a requirements payment made using funds appropriated pursuant to the authorization under section 257(a)(4) only to meet the requirements 

under the Uniformed and Overseas Citizens Absentee Voting 

Act imposed as a result of the provisions of and amendments 

made by the Military and Overseas Voter Empowerment Act.’’. 

(b) CONDITIONS FOR RECEIPT OF FUNDS.— 

(1) INCLUSION OF COMPLIANCE IN STATE PLAN.— 

(A) IN GENERAL.—Section 254(a) of the Help America 

Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by adding 

at the end the following new paragraph: 

‘‘(14) How the State will comply with the provisions and 

requirements of and amendments made by the Military and 

Overseas Voter Empowerment Act.’’. 

(B) CONFORMING AMENDMENT.—Section 253(b)(1)(A) of 

such Act (42 U.S.C. 15403(b)(1)(A)) is amended by striking 

‘‘section 254’’ and inserting ‘‘section 254(a) (or, for purposes 

of determining the eligibility of a State to receive a requirements payment appropriated pursuant to the authorization 

provided under section 257(a)(4), contains the element 

described in paragraph (14) of such section)’’. 

(2) WAIVER OF PLAN FOR APPLICATION OF ADMINISTRATIVE

COMPLAINT PROCEDURES.—Section 253(b)(2) of such Act (42 

U.S.C. 15403(b)(2)) is amended— 

(A) by striking ‘‘(2) The State’’ and inserting ‘‘(2)(A) 

Subject to subparagraph (B), the State’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(B) Subparagraph (A) shall not apply for purposes of determining the eligibility of a State to receive a requirements 

payment appropriated pursuant to the authorization provided 

under section 257(a)(4).’’. 

(3) SPECIAL RULE FOR PROVISION OF 5 PERCENT MATCH.— Section 253(b)(5) of such Act (42 U.S.C. 15403(b)(5)) is 

amended— 

(A) by striking ‘‘(5) The State’’ and inserting ‘‘(5)(A) 

Subject to subparagraph (B), the State’’; and 

(B) by adding at the end the following new subparagraph: 

42 USC 1973ff–4. 


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123 STAT. 2334 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(B) Subparagraph (A) shall not apply for purposes of determining the eligibility of a State to receive a requirements 

payment appropriated pursuant to the authorization provided 

under section 257(a)(4) for fiscal year 2010, except that if the 

State does not appropriate funds in accordance with subparagraph (A) prior to the last day of fiscal year 2011, the State 

shall repay to the Commission the requirements payment which 

is appropriated pursuant to such authorization.’’. 

(c) AUTHORIZATION.—Section 257(a) of the Help America Vote 

Act of 2002 (42 U.S.C. 15407(a)) is amended by adding at the 

end the following new paragraph: 

‘‘(4) For fiscal year 2010 and subsequent fiscal years, such 

sums as are necessary for purposes of making requirements 

payments to States to carry out the activities described in 

section 251(b)(3).’’. 

SEC. 589. TECHNOLOGY PILOT PROGRAM. 

(a) DEFINITIONS.—In this section: 

(1) ABSENT UNIFORMED SERVICES VOTER.—The term ‘‘absent 

uniformed services voter’’ has the meaning given such term 

in section 107(a) of the Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff et seq.). 

(2) OVERSEAS VOTER.—The term ‘‘overseas voter’’ has the 

meaning given such term in section 107(5) of such Act. 

(3) PRESIDENTIAL DESIGNEE.—The term ‘‘Presidential designee’’ means the individual designated under section 101(a) 

of such Act. 

(b) ESTABLISHMENT.— 

(1) IN GENERAL.—The Presidential designee may establish 

1 or more pilot programs under which the feasibility of new 

election technology is tested for the benefit of absent uniformed 

services voters and overseas voters claiming rights under the 

Uniformed and Overseas Citizens Absentee Voting Act (42 

U.S.C. 1973ff et seq.). 

(2) DESIGN AND CONDUCT.—The design and conduct of a 

pilot program established under this subsection— 

(A) shall be at the discretion of the Presidential designee; and 

(B) shall not conflict with or substitute for existing 

laws, regulations, or procedures with respect to the participation of absent uniformed services voters and military 

voters in elections for Federal office. 

(c) CONSIDERATIONS.—In conducting a pilot program established 

under subsection (b), the Presidential designee may consider the 

following issues: 

(1) The transmission of electronic voting material across 

military networks. 

(2) Virtual private networks, cryptographic voting systems, 

centrally controlled voting stations, and other information security techniques. 

(3) The transmission of ballot representations and scanned 

pictures in a secure manner. 

(4) Capturing, retaining, and comparing electronic and 

physical ballot representations. 

(5) Utilization of voting stations at military bases. 

(6) Document delivery and upload systems. 

42 USC 1973ff–7. 


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(7) The functional effectiveness of the application or adoption of the pilot program to operational environments, taking 

into account environmental and logistical obstacles and State 

procedures. 

(d) REPORTS.—The Presidential designee shall submit to Congress reports on the progress and outcomes of any pilot program 

conducted under this subsection, together with recommendations— 

(1) for the conduct of additional pilot programs under this 

section; and 

(2) for such legislation and administrative action as the 

Presidential designee determines appropriate. 

(e) TECHNICAL ASSISTANCE.— 

(1) IN GENERAL.—The Election Assistance Commission and 

the National Institute of Standards and Technology shall provide the Presidential designee with best practices or standards 

in accordance with electronic absentee voting guidelines established under the first sentence of section 1604(a)(2) of the 

National Defense Authorization Act for Fiscal Year 2002 (Public 

Law 107–107; 115 Stat. 1277; 42 U.S.C. 1977ff note), as 

amended by section 567 of the Ronald W. Reagan National 

Defense Authorization Act for Fiscal Year 2005 (Public Law 

108–375; 118 Stat. 1919) to support the pilot program or programs. 

(2) REPORT.—In the case in which the Election Assistance 

Commission has not established electronic absentee voting 

guidelines under such section 1604(a)(2), as so amended, by 

not later than 180 days after enactment of this Act, the Election 

Assistance Commission shall submit to the relevant committees 

of Congress a report containing the following information: 

(A) The reasons such guidelines have not been established as of such date. 

(B) A detailed timeline for the establishment of such 

guidelines. 

(C) A detailed explanation of the Commission’s actions 

in establishing such guidelines since the date of enactment 

of the Ronald W. Reagan National Defense Authorization 

Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

1919). 

(3) RELEVANT COMMITTEES OF CONGRESS DEFINED.—In this 

subsection, the term ‘‘relevant committees of Congress’’ 

means— 

(A) the Committees on Appropriations, Armed Services, 

and Rules and Administration of the Senate; and 

(B) the Committees on Appropriations, Armed Services, 

and House Administration of the House of Representatives. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as are necessary to carry out this 

section. 

Subtitle I—Other Matters 

SEC. 591. CLARIFICATION OF PERFORMANCE POLICIES FOR MILITARY 

MUSICAL UNITS AND MUSICIANS. 

(a) CLARIFICATION.—Section 974 of title 10, United States Code, 

is amended to read as follows: 


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123 STAT. 2336 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘§ 974. Military musical units and musicians: performance 

policies; restriction on performance in competition 

with local civilian musicians 

‘‘(a) MILITARY MUSICIANS PERFORMING IN AN OFFICIAL

CAPACITY.—(1) A military musical unit, and a member of the armed 

forces who is a member of such a unit performing in an official 

capacity, may not engage in the performance of music in competition 

with local civilian musicians. 

‘‘(2) For purposes of paragraph (1), the following shall, except 

as provided in paragraph (3), be included among the performances 

that are considered to be a performance of music in competition 

with local civilian musicians: 

‘‘(A) A performance that is more than incidental to an 

event that— 

‘‘(i) is not supported, in whole or in part, by United 

States Government funds; and 

‘‘(ii) is not free to the public. 

‘‘(B) A performance of background, dinner, dance, or other 

social music at an event that— 

‘‘(i) is not supported, in whole or in part, by United 

States Government funds; and 

‘‘(ii) is held at a location not on a military installation. 

‘‘(3) For purposes of paragraph (1), the following shall not 

be considered to be a performance of music in competition with 

local civilian musicians: 

‘‘(A) A performance (including background, dinner, dance, 

or other social music) at an official United States Government 

event that is supported, in whole or in part, by United States 

Government funds. 

‘‘(B) A performance at a concert, parade, or other event, 

that— 

‘‘(i) is a patriotic event or a celebration of a national 

holiday; and 

‘‘(ii) is free to the public. 

‘‘(C) A performance that is incidental to an event that— 

‘‘(i) is not supported, in whole or in part, by United 

States Government funds; or 

‘‘(ii) is not free to the public. 

‘‘(D) A performance (including background, dinner, dance, 

or other social music) at— 

‘‘(i) an event that is sponsored by a military welfare 

society, as defined in section 2566 of this title; 

‘‘(ii) an event that is a traditional military event 

intended to foster the morale and welfare of members 

of the armed forces and their families; or 

‘‘(iii) an event that is specifically for the benefit or 

recognition of members of the armed forces, their family 

members, veterans, civilian employees of the Department 

of Defense, or former civilian employees of the Department 

of Defense, to the extent provided in regulations prescribed 

by the Secretary of Defense. 

‘‘(E) A performance (including background, dinner, dance, 

or other social music)— 

‘‘(i) to uphold the standing and prestige of the United 

States with dignitaries and distinguished or prominent persons or groups of the United States or another nation; 

or 


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‘‘(ii) in support of fostering and sustaining a cooperative 

relationship with another nation. 

‘‘(b) PROHIBITION OF MILITARY MUSICIANS ACCEPTING ADDITIONAL REMUNERATION FOR OFFICIAL PERFORMANCES.—A military 

musical unit, and a member of the armed forces who is a member 

of such a unit performing in an official capacity, may not receive 

remuneration for an official performance, other than applicable 

military pay and allowances. 

‘‘(c) RECORDINGS.—(1) When authorized under regulations prescribed by the Secretary of Defense for purposes of this section, 

a military musical unit may produce recordings for distribution 

to the public, at a cost not to exceed expenses of production and 

distribution. 

‘‘(2) Amounts received in payment for a recording distributed 

to the public under this subsection shall be credited to the appropriation or account providing the funds for the production of the 

recording. Any amount so credited shall be merged with amounts 

in the appropriation or account to which credited, and shall be 

available for the same purposes, and subject to the same conditions 

and limitations, as amounts in such appropriation or account. 

‘‘(d) PERFORMANCES AT FOREIGN LOCATIONS.—Subsection (a) 

does not apply to a performance outside the United States, its 

commonwealths, or its possessions. 

‘‘(e) MILITARY MUSICAL UNIT DEFINED.—In this section, the 

term ‘military musical unit’ means a band, ensemble, chorus, or 

similar musical unit of the armed forces.’’. 

(b) CLERICAL AMENDMENT.—The item relating to such section 

in the table of sections at the beginning of chapter 49 of such 

title is amended to read as follows: 

‘‘974. Military musical units and musicians: performance policies; restriction on performance in competition with local civilian musicians.’’. 

SEC. 592. NAVY GRANTS FOR PURPOSES OF NAVAL SEA CADET CORPS. 

(a) GRANTS AUTHORIZED.—Chapter 647 of title 10, United 

States Code, is amended by inserting after section 7541a the following new section: 

‘‘§ 7541b. Authority to make grants for purposes of Naval 

Sea Cadet Corps 

‘‘Subject to the availability of funds for this purpose, the Secretary of the Navy may make grants to support the purposes 

of Naval Sea Cadet Corps, a federally chartered corporation under 

chapter 1541 of title 36.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 647 of such title is amended by inserting after 

the item relating to section 7541a the following new item: 

‘‘7541b. Authority to make grants for purposes of Naval Sea Cadet Corps.’’. 

SEC. 593. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER 

NATIONAL GUARD YOUTH CHALLENGE PROGRAM. 

(a) AUTHORITY TO INCREASE DOD SHARE OF PROGRAM.—Section 

509(d)(1) of title 32, United States Code, is amended by striking 

‘‘60 percent of the costs’’ and inserting ‘‘75 percent of the costs’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2009, and shall apply with respect 

to fiscal years beginning on or after that date. 

32 USC 509 note. 


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SEC. 594. EXPANSION OF MILITARY LEADERSHIP DIVERSITY COMMISSION TO INCLUDE RESERVE COMPONENT REPRESENTATIVES. 

Section 596(b)(1) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4476) is amended by striking subparagraphs (C), (D), (E) 

and inserting the following new subparagraphs: 

‘‘(C) An active commissioned officer from each of the 

Army, Navy, Air Force, and Marine Corps, an active 

commissioned officer from the National Guard, and an 

active commissioned officer from the Reserves, each of 

whom serves or has served in a leadership position with 

either a military department command or combatant command. 

‘‘(D) A retired general or flag officer from each of 

the Army, Navy, Air Force, and Marine Corps, a retired 

general or flag officer from the National Guard, and a 

retired general or flag officer from the Reserves. 

‘‘(E) A retired noncommissioned officer from each of 

the Army, Navy, Air Force, and Marine Corps, a retired 

noncommissioned officer from the National Guard, and a 

retired noncommissioned officer from the Reserves.’’. 

SEC. 595. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY 

HEALING AND RESPONSE TRAINING UNDER THE YELLOW 

RIBBON REINTEGRATION PROGRAM. 

Section 582 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 10 U.S.C. 10101 note) is amended— 

(1) in subsection (h)— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraphs (4) through (15) as 

paragraphs (3) through (14), respectively; and 

(2) by adding at the end the following new subsection: 

‘‘(i) SUICIDE PREVENTION AND COMMUNITY HEALING AND

RESPONSE PROGRAM.— ‘‘(1) ESTABLISHMENT.—As part of the Yellow Ribbon Reintegration Program, the Office for Reintegration Programs 

shall establish a program to provide National Guard and 

Reserve members and their families, and in coordination with 

community programs, assist the communities, with training 

in suicide prevention and community healing and response 

to suicide. 

‘‘(2) DESIGN.—In establishing the program under paragraph 

(1), the Office for Reintegration Programs shall consult with— 

‘‘(A) persons that have experience and expertise with 

combining military and civilian intervention strategies that 

reduce risk and promote healing after a suicide attempt 

or suicide death for National Guard and Reserve members; 

and 

‘‘(B) the adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, 

and the Virgin Islands. 

‘‘(3) OPERATION.— 

‘‘(A) SUICIDE PREVENTION TRAINING.—The Office for Reintegration Programs shall provide National Guard and 

Reserve members with training in suicide prevention. Such 

training shall include— 


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‘‘(i) describing the warning signs for suicide and 

teaching effective strategies for prevention and intervention; 

‘‘(ii) examining the influence of military culture 

on risk and protective factors for suicide; and 

‘‘(iii) engaging in interactive case scenarios and 

role plays to practice effective intervention strategies. 

‘‘(B) COMMUNITY HEALING AND RESPONSE TRAINING.— 

The Office for Reintegration Programs shall provide the 

families and communities of National Guard and Reserve 

members with training in responses to suicide that promote 

individual and community healing. Such training shall 

include— 

‘‘(i) enhancing collaboration among community 

members and local service providers to create an 

integrated, coordinated community response to suicide; 

‘‘(ii) communicating best practices for preventing 

suicide, including safe messaging, appropriate memorial services, and media guidelines; 

‘‘(iii) addressing the impact of suicide on the military and the larger community, and the increased risk 

that can result; and 

‘‘(iv) managing resources to assist key community 

and military service providers in helping the families, 

friends, and fellow soldiers of a suicide victim through 

the processes of grieving and healing. 

‘‘(C) COLLABORATION WITH CENTERS OF EXCELLENCE.— 

The Office for Reintegration Programs, in consultation with 

the Defense Centers of Excellence for Psychological Health 

and Traumatic Brain Injury, shall collect and analyze ‘lessons learned’ and suggestions from State National Guard 

and Reserve organizations with existing or developing suicide prevention and community response programs. 

‘‘(4) TERMINATION.—The program established under this 

subsection shall terminate on October 1, 2012.’’. 

SEC. 596. COMPREHENSIVE PLAN ON PREVENTION, DIAGNOSIS, AND 

TREATMENT OF SUBSTANCE USE DISORDERS AND DISPOSITION OF SUBSTANCE ABUSE OFFENDERS IN THE 

ARMED FORCES. 

(a) REVIEW AND ASSESSMENT OF CURRENT CAPABILITIES.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

consultation with the Secretaries of the military departments, 

shall conduct a comprehensive review of the following: 

(A) The programs and activities of the Department 

of Defense for the prevention, diagnosis, and treatment 

of substance use disorders in members of the Armed Forces. 

(B) The policies of the Department of Defense relating 

to the disposition of substance abuse offenders in the Armed 

Forces, including disciplinary action and administrative 

separation. 

(2) ELEMENTS.—The review conducted under paragraph (1) 

shall include an assessment of each of the following: 

(A) The current state and effectiveness of the programs 

of the Department of Defense and the military departments 

Deadline. 

10 USC 1071 

note. 


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123 STAT. 2340 PUBLIC LAW 111–84—OCT. 28, 2009 

relating to the prevention, diagnosis, and treatment of substance use disorders. 

(B) The adequacy of the availability of care, and access 

to care, for substance abuse in military medical treatment 

facilities and under the TRICARE program. 

(C) The adequacy of oversight by the Department of 

Defense of programs relating to the prevention, diagnosis, 

and treatment of substance abuse in members of the Armed 

Forces. 

(D) The adequacy and appropriateness of current 

credentials and other requirements for healthcare professionals treating members of the Armed Forces with substance use disorders. 

(E) The advisable ratio of physician and nonphysician 

care providers for substance use disorders to members of 

the Armed Forces with such disorders. 

(F) The adequacy and appropriateness of protocols and 

directives for the diagnosis and treatment of substance 

use disorders in members of the Armed Forces and for 

the disposition, including disciplinary action and administrative separation, of members of the Armed Forces for 

substance abuse. 

(G) The adequacy of the availability of and access 

to care for substance use disorders for members of the 

reserve components of the Armed Forces, including an 

identification of any obstacles that are unique to the 

prevention, diagnosis, and treatment of substance use disorders among members of the reserve components, and 

the appropriate disposition, including disciplinary action 

and administrative separation, of members of the reserve 

components for substance abuse. 

(H) The adequacy of the prevention, diagnosis, and 

treatment of substance use disorders in dependents of members of the Armed Forces. 

(I) Any gaps in the current capabilities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed 

Forces. 

(3) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the 

House of Representatives a report setting forth the findings 

and recommendations of the Secretary as a result of the review 

conducted under paragraph (1). The report shall— 

(A) set forth the findings and recommendations of the 

Secretary regarding each element of the review specified 

in paragraph (2); 

(B) set forth relevant statistics on the frequency of 

substance use disorders, disciplinary actions, and administrative separations for substance abuse in members of the 

regular components of the Armed Forces, members of the 

reserve component of the Armed Forces, and to the extent 

applicable, dependents of such members (including spouses 

and children); and 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2341 

(C) include such other findings and recommendations 

on improvements to the current capabilities of the Department of Defense for the prevention, diagnosis, and treatment of substance use disorders in members of the Armed 

Forces and the policies relating to the disposition, including 

disciplinary action and administrative separation, of members of the Armed Forces for substance abuse, as the Secretary considers appropriate. 

(b) PLAN FOR IMPROVEMENT AND ENHANCEMENT OF PROGRAMS

AND POLICIES.— 

(1) PLAN REQUIRED.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a comprehensive plan for the improvement and enhancement of the 

following: 

(A) The programs and activities of the Department 

of Defense for the prevention, diagnosis, and treatment 

of substance use disorders in members of the Armed Forces 

and their dependents. 

(B) The policies of the Department of Defense relating 

to the disposition of substance abuse offenders in the Armed 

Forces, including disciplinary action and administrative 

separation. 

(2) BASIS.—The comprehensive plan required by paragraph 

(1) shall take into account the following: 

(A) The results of the review and assessment conducted 

under subsection (a). 

(B) Similar initiatives of the Secretary of Veterans 

Affairs to expand and improve care for substance use disorders among veterans, including the programs and activities conducted under title I of the Veterans’ Mental Health 

and Other Care Improvements Act of 2008 (Public Law 

110–387; 112 Stat. 4112). 

(3) COMPREHENSIVE STATEMENT OF POLICY.—The comprehensive plan required by paragraph (1) shall include a comprehensive statement of the following: 

(A) The policy of the Department of Defense regarding 

the prevention, diagnosis, and treatment of substance use 

disorders in members of the Armed Forces and their 

dependents. 

(B) The policies of the Department of Defense relating 

to the disposition of substance abuse offenders in the Armed 

Forces, including disciplinary action and administrative 

separation. 

(4) AVAILABILITY OF SERVICES AND TREATMENT.—The comprehensive plan required by paragraph (1) shall include mechanisms to ensure the availability to members of the Armed 

Forces and their dependents of a core of evidence-based practices across the spectrum of medical and non-medial services 

and treatments for substance use disorders, including the 

reestablishment of regional long-term inpatient substance 

abuse treatment programs. The Secretary may use contracted 

services for not longer than three years after the date of the 

enactment of this Act to perform such inpatient substance 

abuse treatment until the Department of Defense reestablishes 

this capability within the military health care system. 

Deadline. 


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123 STAT. 2342 PUBLIC LAW 111–84—OCT. 28, 2009 

(5) PREVENTION AND REDUCTION OF DISORDERS.—The comprehensive plan required by paragraph (1) shall include mechanisms to facilitate the prevention and reduction of substance 

use disorders in members of the Armed Forces through sciencebased initiatives, including education programs, for members 

of the Armed Forces and their dependents. 

(6) SPECIFIC INSTRUCTIONS.—The comprehensive plan 

required by paragraph (1) shall include each of the following: 

(A) SUBSTANCES OF ABUSE.—Instructions on the 

prevention, diagnosis, and treatment of substance abuse 

in members of the Armed Forces, including the abuse of 

alcohol, illicit drugs, and nonmedical use and abuse of 

prescription drugs. 

(B) HEALTHCARE PROFESSIONALS.—Instructions on— 

(i) appropriate training of healthcare professionals 

in the prevention, screening, diagnosis, and treatment 

of substance use disorders in members of the Armed 

Forces; 

(ii) appropriate staffing levels for healthcare 

professionals at military medical treatment facilities 

for the prevention, screening, diagnosis, and treatment 

of substance use disorders in members of the Armed 

Forces; and 

(iii) such uniform training and credentialing 

requirements for physician and nonphysician 

healthcare professionals in the prevention, screening, 

diagnosis, and treatment of substance use disorders 

in members of the Armed Forces as the Secretary 

considers appropriate. 

(C) SERVICES FOR DEPENDENTS.—Instructions on the 

availability of services for substance use disorders for 

dependents of members of the Armed Forces, including 

instructions on making such services available to dependents to the maximum extent practicable. 

(D) RELATIONSHIP BETWEEN DISCIPLINARY ACTION AND

TREATMENT.—Policy on the relationship between disciplinary actions and administrative separation processing and 

prevention and treatment of substance use disorders in 

members of the Armed Forces. 

(E) CONFIDENTIALITY.—Recommendations regarding 

policies pertaining to confidentiality for members of the 

Armed Forces in seeking or receiving services or treatment 

for substance use disorders. 

(F) PARTICIPATION OF CHAIN OF COMMAND.—Policy on 

appropriate consultation, reference to, and involvement of 

the chain of command of members of the Armed Forces 

in matters relating to the diagnosis and treatment of substance abuse and disposition of members of the Armed 

Forces for substance abuse. 

(G) CONSIDERATION OF GENDER.—Instructions on 

gender specific requirements, if appropriate, in the prevention, diagnosis, treatment, and management of substance 

use disorders in members of the Armed Forces, including 

gender specific care and treatment requirements. 

(H) COORDINATION WITH OTHER HEALTHCARE INITIATIVES.—Instructions on the integration of efforts on the 


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prevention, diagnosis, treatment, and management of substance use disorders in members of the Armed Forces with 

efforts to address co-occurring health care disorders (such 

as post-traumatic stress disorder and depression) and suicide prevention. 

(7) OTHER ELEMENTS.—In addition to the matters specified 

in paragraph (3), the comprehensive plan required by paragraph (1) shall include the following: 

(A) IMPLEMENTATION PLAN.—An implementation plan 

for the achievement of the goals of the comprehensive 

plan, including goals relating to the following: 

(i) Enhanced education of members of the Armed 

Forces and their dependents regarding substance use 

disorders. 

(ii) Enhanced and improved identification and 

diagnosis of substance use disorders in members of 

the Armed Forces and their dependents. 

(iii) Enhanced and improved access of members 

of the Armed Forces to services and treatment for 

and management of substance use disorders. 

(iv) Appropriate staffing of military medical treatment facilities and other facilities for the treatment 

of substance use disorders in members of the Armed 

Forces. 

(B) BEST PRACTICES.—The incorporation of evidencebased best practices utilized in current military and civilian 

approaches to the prevention, diagnosis, treatment, and 

management of substance use disorders. 

(C) AVAILABLE RESEARCH.—The incorporation of 

applicable results of available studies, research, and academic reviews on the prevention, diagnosis, treatment, and 

management of substance use disorders. 

(8) UPDATE IN LIGHT OF INDEPENDENT STUDY.—Upon the 

completion of the study required by subsection (c), the Secretary 

of Defense shall— 

(A) in consultation with the Secretaries of the military 

departments, make such modifications and improvements 

to the comprehensive plan required by paragraph (1) as 

the Secretary of Defense considers appropriate in light 

of the findings and recommendations of the study; and 

(B) submit to the congressional defense committees 

a report setting forth the comprehensive plan as modified 

and improved under subparagraph (A). 

(c) INDEPENDENT REPORT ON SUBSTANCE USE DISORDERS PROGRAMS FOR MEMBERS OF THE ARMED FORCES.— 

(1) STUDY REQUIRED.—Upon completion of the policy review 

required by subsection (a), the Secretary of Defense shall provide for a study on substance use disorders programs for members of the Armed Forces to be conducted by the Institute 

of Medicine of the National Academies of Sciences or such 

other independent entity as the Secretary shall select for purposes of the study. 

(2) ELEMENTS.—The study required by paragraph (1) shall 

include a review and assessment of the following: 

(A) The adequacy and appropriateness of protocols for 

the diagnosis, treatment, and management of substance 

use disorders in members of the Armed Forces. 

Reports. 


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123 STAT. 2344 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) The adequacy of the availability of and access 

to care for substance use disorders in military medical 

treatment facilities and under the TRICARE program. 

(C) The adequacy and appropriateness of current 

credentials and other requirements for physician and nonphysician healthcare professionals treating members of the 

Armed Forces with substance use disorders. 

(D) The advisable ratio of physician and non-physician 

care providers for substance use disorders to members of 

the Armed Forces with such disorders. 

(E) The adequacy of the availability of and access 

to care for substance use disorders for members of the 

reserve components of the Armed Forces when compared 

with the availability of and access to care for substance 

use disorders for members of the regular components of 

the Armed Forces. 

(F) The adequacy of the prevention, diagnosis, treatment, and management of substance use disorders programs for dependents of members of the Armed Forces, 

whether such dependents suffer from their own substance 

use disorder or because of the substance use disorder of 

a member of the Armed Forces. 

(G) Such other matters as the Secretary considers 

appropriate for purposes of the study. 

(3) REPORT.—Not later than two years after the date of 

the enactment of this Act, the entity conducting the study 

required by paragraph (1) shall submit to the Secretary of 

Defense and the congressional defense committees a report 

on the results of the study. The report shall set forth the 

findings and recommendations of the entity as a result of 

the study. 

SEC. 597. REPORTS ON YELLOW RIBBON REINTEGRATION PROGRAM 

AND OTHER REINTEGRATION PROGRAMS. 

(a) REPORT ON REINTEGRATION PROGRAMS GENERALLY.—Not 

later than 180 days after the date of the enactment of this Act, 

the Secretary of Defense shall submit to the congressional defense 

committees a report on the various reintegration programs being 

administered in support of members of the National Guard and 

Reserves and their families. 

(b) ADDITIONAL ELEMENTS OF ANNUAL REPORTS ON YELLOW

RIBBON REINTEGRATION PROGRAM.—The annual reports on the Yellow Ribbon Reintegration Program under section 582 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 122; 10 U.S.C. 10101 note) that are submitted under 

subsection (e)(4) of such section after the date of the enactment 

of this Act shall include the following: 

(1) In the first such annual report submitted after the 

date of the enactment of this Act— 

(A) a description and assessment of the implementation 

of the Yellow Ribbon Reintegration Program in fiscal year 

2009, including— 

(i) an assessment of best practices from pilot programs offered by various States to provide services 

to supplement the services available through the Yellow Ribbon Reintegration Program; and 


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(ii) an assessment of the feasibility of incorporating 

such practices into the Yellow Ribbon Reintegration 

Program; and 

(B) current plans for the further implementation of 

the Yellow Ribbon Reintegration Program during fiscal year 

2010. 

(2) A list of the accounts (including accounts of the military 

departments and accounts for the Office of the Secretary of 

Defense) from which funds for the Yellow Ribbon Reintegration 

Program were derived during the most recent fiscal year, and 

an explanation why such accounts were the source of funding 

for programs and activities under the Yellow Ribbon Reintegration Program. 

(3) An assessment of the extent to which funding for the 

Yellow Ribbon Reintegration Program during the most recent 

fiscal year supported robust joint programs that provided reintegration and support services to members of the National 

Guard and Reserves and their families regardless of Armed 

Force with which served. 

(4) An assessment of the extent to which programs and 

activities under the Yellow Ribbon Reintegration Program 

during the preceding year were coordinating closely with appropriate programs and activities of the Department of Veterans 

Affairs. 

(5) A description of current strategies to mitigate difficulties 

in sustaining attendance at events under the Yellow Ribbon 

Reintegration Program, and an explanation why funds, if any, 

that are available for the Yellow Ribbon Reintegration Program 

but remain unexpended have not been used for the Yellow 

Ribbon Reintegration Program. 

SEC. 598. REPORTS ON PROGRESS IN COMPLETION OF CERTAIN 

INCIDENT INFORMATION MANAGEMENT TOOLS. 

Not later than 120 days after the date of the enactment of 

this Act, and every six months thereafter, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report detailing the progress 

of the Secretary with respect to the completion of the following: 

(1) The Defense Incident-Based Reporting System. 

(2) The Defense Sexual Assault Incident Database. 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2010 increase in military basic pay. 

Sec. 602. Increase in maximum monthly amount of supplemental subsistence allowance for low-income members with dependents. 

Sec. 603. Special compensation for members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living. 

Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program 

for certain periods before implementation of program. 

Sec. 605. Report on housing standards and housing surveys used to determine 

basic allowance for housing. 

Sec. 606. Comptroller General comparative assessment of military and private-sector pay and benefits. 

10 USC 113 note. 


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123 STAT. 2346 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for health 

care professionals. 

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. One-year extension of authorities relating to title 37 consolidated special 

pay, incentive pay, and bonus authorities. 

Sec. 615. One-year extension of authorities relating to payment of other title 37 bonuses and special pays. 

Sec. 616. One-year extension of authorities relating to payment of referral bonuses. 

Sec. 617. Technical corrections and conforming amendments to reconcile conflicting 

amendments regarding continued payment of bonuses and similar benefits for certain members. 

Sec. 618. Proration of certain special and incentive pays to reflect time during 

which a member satisfies eligibility requirements for the special or incentive pay. 

Sec. 619. Additional assignment pay or special duty pay authorized for members 

agreeing to serve in Afghanistan for extended periods. 

Sec. 620. Temporary authority for monthly special pay for members of the Armed 

Forces subject to continuing active duty or service under stop-loss authorities. 

Sec. 621. Army authority to provide additional recruitment incentives. 

Sec. 622. Report on recruitment and retention of members of the Air Force in nuclear career fields. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Travel and transportation for survivors of deceased members of the uniformed services to attend memorial ceremonies. 

Sec. 632. Travel and transportation allowances for designated individuals of 

wounded, ill, or injured members of the uniformed services for duration 

of inpatient treatment. 

Sec. 633. Authorized travel and transportation allowances for non-medical attendants for very seriously and seriously wounded, ill, or injured members. 

Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on active duty and their dependents for travel for specialty care under exceptional circumstances. 

Sec. 635. Report on adequacy of weight allowances for transportation of baggage 

and household effects for members of the uniformed services. 

Subtitle D—Disability, Retired Pay, and Survivor Benefits 

Sec. 641. Transition assistance for reserve component members injured while on active duty. 

Sec. 642. Recomputation of retired pay and adjustment of retired grade of Reserve 

retirees to reflect service after retirement. 

Sec. 643. Election to receive retired pay for non-regular service upon retirement for 

service in an active reserve status performed after attaining eligibility 

for regular retirement. 

Sec. 644. Report on re-determination process for permanently incapacitated dependents of retired and deceased members of the Armed Forces. 

Sec. 645. Treatment as active service for retired pay purposes of service as member 

of Alaska Territorial Guard during World War II. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and 

Operations 

Sec. 651. Limitation on Department of Defense entities offering personal information services to members and their dependents. 

Sec. 652. Report on impact of purchasing from local distributors all alcoholic beverages for resale on military installations on Guam. 

Subtitle F—Other Matters 

Sec. 661. Limitations on collection of overpayments of pay and allowances erroneously paid to members. 

Sec. 662. Sense of Congress on airfares for members of the Armed Forces. 

Sec. 663. Sense of Congress on establishment of flexible spending arrangements for 

the uniformed services. 

Sec. 664. Sense of Congress regarding support for compensation, retirement, and 

other military personnel programs. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2347 

Subtitle A—Pay and Allowances 

SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC PAY. 

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 

to become effective during fiscal year 2010 required by section 

1009 of title 37, United States Code, in the rates of monthly basic 

pay authorized members of the uniformed services shall not be 

made. 

(b) INCREASE IN BASIC PAY.—Effective on January 1, 2010, 

the rates of monthly basic pay for members of the uniformed services are increased by 3.4 percent. 

SEC. 602. INCREASE IN MAXIMUM MONTHLY AMOUNT OF SUPPLEMENTAL SUBSISTENCE ALLOWANCE FOR LOW-INCOME 

MEMBERS WITH DEPENDENTS. 

(a) INCREASE IN MAXIMUM MONTHLY AMOUNT.—Section 402a(a) 

of title 37, United States Code, is amended— 

(1) in paragraph (2), by striking ‘‘$500’’ and inserting 

‘‘$1,100’’; and 

(2) in paragraph (3)(B), by striking ‘‘$500’’ and inserting 

‘‘$1,100’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on October 1, 2009, and shall apply with 

respect to monthly supplemental subsistence allowances for lowincome members with dependents payable on or after that date. 

(c) REPORT ON ELIMINATION OF RELIANCE ON SUPPLEMENTAL

NUTRITION ASSISTANCE PROGRAM TO MEET NUTRITIONAL NEEDS

OF MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.— 

I22 (1) IN GENERAL.—Not later than September 1, 2010, the 

Secretary of Defense, in consultation with the Secretary of Agriculture, shall submit to the congressional defense committees a 

report setting forth a plan for actions to eliminate the need for 

members of the Armed Forces and their dependents to rely on 

the supplemental nutrition assistance program under the Food and 

Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) for their monthly 

nutritional needs. 

(2) ELEMENTS.—The plan required by paragraph (1) shall 

address the following: 

(A) An appropriate amount or amounts for the monthly 

supplemental subsistence allowance for low-income members with dependents payable under section 402a of title 

37, United States Code. 

(B) Such modifications, if any, to the eligibility requirements for the monthly supplemental subsistence allowance, 

including limitations on the maximum size of the household 

of a member for purposes of eligibility for the allowance, 

as the Secretary of Defense considers appropriate. 

(C) The advisability of requiring members of the Armed 

Forces to apply for the monthly supplemental subsistence 

allowance before seeking assistance under the supplemental nutrition assistance program and to notify their 

commanding officer if they are accepted for participation 

in the supplemental nutrition assistance program. 

(D) A method for accurately determining the total 

number of members of the Armed Forces who are participating in the supplemental nutrition assistance program. 

37 USC 402a 

note. 

Effective date. 

37 USC 1009 

note. 


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123 STAT. 2348 PUBLIC LAW 111–84—OCT. 28, 2009 

(E) Such other matters as the Secretary of Defense 

considers appropriate. 

SEC. 603. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED SERVICES WITH CATASTROPHIC INJURIES OR 

ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY LIVING. 

(a) IN GENERAL.—Chapter 7 of title 37, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 439. Special compensation: members of the uniformed 

services with catastrophic injuries or illnesses 

requiring assistance in everyday living 

‘‘(a) MONTHLY COMPENSATION AUTHORIZED.—The Secretary concerned may pay to any member of the uniformed services described 

in subsection (b) monthly special compensation in an amount determined under subsection (c). 

‘‘(b) COVERED MEMBERS.—A member eligible for monthly special 

compensation authorized by subsection (a) is a member who— 

‘‘(1) has a catastrophic injury or illness that was incurred 

or aggravated in the line of duty; 

‘‘(2) has been certified by a licensed physician to be in 

need of assistance from another person to perform the personal 

functions required in everyday living; 

‘‘(3) in the absence of the provision of such assistance, 

would require hospitalization, nursing home care, or other residential institutional care; and 

‘‘(4) meets such other criteria, if any, as the Secretary 

of Defense (or the Secretary of Homeland Security, with respect 

to the Coast Guard) prescribes for purposes of this section. 

‘‘(c) AMOUNT.—(1) The amount of monthly special compensation 

payable to a member under subsection (a) shall be determined 

under criteria prescribed by the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard), 

but may not exceed the amount of aid and attendance allowance 

authorized by section 1114(r)(2) of title 38 for veterans in need 

of aid and attendance. 

‘‘(2) In determining the amount of monthly special compensation, the Secretary concerned shall consider the following: 

‘‘(A) The extent to which home health care and related 

services are being provided by the Government. 

‘‘(B) The value of the aid and attendance care necessary 

to assist the member in performing the personal functions 

required in everyday living, to be determined regardless of 

the sources of the care (other than the source identified in 

subparagraph (A)) actually being provided to the member. 

‘‘(d) DURATION.—The eligibility of a member to receive special 

monthly compensation under subsection (a) expires on the earlier 

of the following: 

‘‘(1) The last day of the month during which a 90-day 

period ends that begins on the date of the separation or retirement of the member. 

‘‘(2) The last day of the month during which the member 

dies. 

‘‘(3) The last day of the month during which the member 

is determined to be no longer afflicted with the catastrophic 

injury or illness referred to in subsection (b)(1). 

Criteria. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2349 

‘‘(4) The last day of the month preceding the month during 

which the member begins receiving compensation under section 

1114(r)(2) of title 38. 

‘‘(e) CONSTRUCTION WITH OTHER PAY AND ALLOWANCES.— Monthly special compensation payable to a member under this 

section is in addition to any other pay and allowances payable 

to the member by law. 

‘‘(f) BENEFIT INFORMATION.—(1) The Secretary of Defense, in 

collaboration with the Secretary of Veterans Affairs, shall ensure 

that members of the uniformed services who may be eligible for 

compensation under this section are made aware of the availability 

of such compensation by including information about such compensation in written and online materials for such members and 

their families. 

‘‘(2) The Secretary of Defense shall ensure that a member 

eligible to receive special monthly compensation under this section 

is aware that the member’s eligibility for such compensation will 

expire pursuant to subsection (d)(1) after the end of the 90-day 

period that begins on the date of the separation or retirement 

of the member even though the member has not begun to receive 

compensation under section 1114(r)(2) of title 38 before the end 

of such period. 

‘‘(g) CATASTROPHIC INJURY OR ILLNESS DEFINED.—In this section, the term ‘catastrophic injury or illness’ means a permanent, 

severely disabling injury, disorder, or illness that the Secretary 

concerned determines compromises the ability of the afflicted person 

to carry out the activities of daily living to such a degree that 

the person requires— 

‘‘(1) personal or mechanical assistance to leave home or 

bed; or 

‘‘(2) constant supervision to avoid physical harm to self 

or others. 

‘‘(h) REGULATIONS.—The Secretary of Defense (or the Secretary 

of Homeland Security, with respect to the Coast Guard) shall prescribe regulations to carry out this section.’’. 

(b) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense (and 

the Secretary of Homeland Security, with respect to the Coast 

Guard) shall submit to Congress a report on the provision 

of compensation under section 439 of title 37, United States 

Code, as added by subsection (a) of this section. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) An estimate of the number of members of the 

uniformed services eligible for compensation under such 

section 439. 

(B) The number of members of the uniformed services 

receiving compensation under such section. 

(C) The average amount of compensation provided to 

members of the uniformed services receiving such compensation. 

(D) The average amount of time required for a member 

of the uniformed services to receive such compensation 

after the member becomes eligible for such compensation. 

(E) A summary of the types of injuries, disorders, and 

illnesses of members of the uniformed services receiving 

Web posting. 


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123 STAT. 2350 PUBLIC LAW 111–84—OCT. 28, 2009 

such compensation that made such members eligible for 

such compensation. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of such title is amended by adding at the end 

the following new item: 

‘‘439. Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living.’’. 

SEC. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZATION RESPITE 

ABSENCE PROGRAM FOR CERTAIN PERIODS BEFORE 

IMPLEMENTATION OF PROGRAM. 

(a) IN GENERAL.—Under regulations prescribed by the Secretary 

of Defense, the Secretary concerned may provide any member or 

former member of the Armed Forces with the benefits specified 

in subsection (b) if the member or former member would, on any 

day during the period beginning on January 19, 2007, and ending 

on the date of the implementation of the Post-Deployment/Mobilization Respite Absence (PDMRA) program by the Secretary concerned, 

have qualified for a day of administrative absence under the PostDeployment/Mobilization Respite Absence program had the program 

been in effect during such period. 

(b) BENEFITS.—The benefits specified in this subsection are 

the following: 

(1) In the case of an individual who is a former member 

of the Armed Forces at the time of the provision of benefits 

under this section, payment of an amount not to exceed $200 

for each day the individual would have qualified for a day 

of administrative absence as described in subsection (a) during 

the period specified in that subsection. 

(2) In the case of an individual who is a member of the 

Armed Forces at the time of the provision of benefits under 

this section, either one day of administrative absence or payment of an amount not to exceed $200, as selected by the 

Secretary concerned, for each day the individual would have 

qualified for a day of administrative absence as described in 

subsection (a) during the period specified in that subsection. 

(c) EXCLUSION OF CERTAIN FORMER MEMBERS.—A former 

member of the Armed Forces is not eligible under this section 

for the benefits specified in subsection (b)(1) if the former member 

was discharged or released from the Armed Forces under other 

than honorable conditions. 

(d) FORM OF PAYMENT.—The paid benefits providable under 

subsection (b) may be paid in a lump sum or installments, at 

the election of the Secretary concerned. 

(e) CONSTRUCTION WITH OTHER PAY AND LEAVE.—The benefits 

provided a member or former member of the Armed Forces under 

this section are in addition to any other pay, absence, or leave 

provided by law. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘Post-Deployment/Mobilization Respite 

Absence program’’ means the program of a military department 

to provide days of administrative absence not chargeable 

against available leave to certain deployed or mobilized members of the Armed Forces in order to assist such members 

in reintegrating into civilian life after deployment or mobilization. 

Regulations. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2351 

(2) The term ‘‘Secretary concerned’’ has the meaning given 

that term in section 101(5) of title 37, United States Code. 

(g) DURATION.— 

(1) IN GENERAL.—The authority to provide benefits under 

this section shall expire on the date that is one year after 

the date of the enactment of this Act. 

(2) CONSTRUCTION.—Expiration under this subsection of 

the authority to provide benefits under this section shall not 

affect the utilization of any day of administrative absence provided a member of the Armed Forces under subsection (b)(2), 

or the payment of any payment authorized a member or former 

member of the Armed Forces under subsection (b), before the 

expiration of the authority in this section. 

SEC. 605. REPORT ON HOUSING STANDARDS AND HOUSING SURVEYS 

USED TO DETERMINE BASIC ALLOWANCE FOR HOUSING. 

(a) REPORT REQUIRED.—Not later than July 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report containing the following reviews: 

(1) A review of the housing standards used to determine 

the monthly rates of basic allowance for housing under section 

403 of title 37, United States Code. 

(2) A review of the process and schedule for conducting 

surveys used to establish locality rates in housing areas to 

determine such monthly rates of basic allowance for housing. 

(b) ELEMENTS OF HOUSING STANDARDS REVIEW.—In conducting 

the reviews under subsection (a), the Secretary shall consider 

whether the housing standards and survey process are suitable 

in terms of— 

(1) recognizing the societal needs and expectations of families in the United States; 

(2) providing for an appropriate quality of life for members 

of the Armed Forces in all grades; 

(3) recognizing the appropriate rewards and prestige associated with promotion to higher military grades throughout the 

rank structure; and 

(4) reflecting the most current housing cost data available. 

(c) INCLUSION OF RECOMMENDED CHANGES.—The report 

required by subsection (a) shall include— 

(1) such recommended changes to the housing standards, 

including an estimate of the cost of each recommended change, 

as the Secretary considers appropriate; and 

(2) such recommended changes to improve the survey 

process, including ensuring that the housing cost data used 

to establish the rates is the most current data available, as 

the Secretary considers appropriate. 

SEC. 606. COMPTROLLER GENERAL COMPARATIVE ASSESSMENT OF 

MILITARY AND PRIVATE-SECTOR PAY AND BENEFITS. 

(a) STUDY REQUIRED.—The Comptroller General shall conduct 

a study comparing pay and benefits provided by law to members 

of the Armed Forces with pay and benefits provided by the private 

sector to comparably situated private-sector employees to assess 

how the differences in pay and benefits effect recruiting and retention of members of the Armed Forces. 

(b) ELEMENTS.—The study required by subsection (a) shall 

include, but not be limited to, the following: 


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123 STAT. 2352 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) An assessment of total military compensation for officers 

and for enlisted personnel, including basic pay, the basic allowance for housing (BAH), the basic allowance for subsistence 

(BAS), tax benefits applicable to military pay and allowances 

under Federal law (including the Social Security laws) and 

State law, military retirement benefits, commissary and 

exchange privileges, and military healthcare benefits. 

(2) An assessment of private-sector pay and benefits for 

civilians of similar age, education, and experience with similar 

job responsibilities and working conditions as officers and 

enlisted personnel of the Armed Forces, including pay, bonuses, 

employee options, fringe benefits, retirement benefits, individual retirement investment benefits, flexible spending 

accounts and health savings accounts, and any other elements 

of private-sector compensation that the Comptroller General 

considers appropriate. 

(3) An identification of the percentile of comparable privatesector compensation at which members of the Armed Forces 

are paid, including an assessment of the adequacy of percentile 

comparisons generally and whether the Department of Defense 

goal of compensating members of the Armed Forces at the 

80th percentile of comparable private-sector compensation, as 

described in the 10th Quadrennial Review of Military Compensation, is appropriate and adequate to attract and retain 

quality individuals to serve in the Armed Forces. 

(c) REPORT.—The Comptroller General shall submit to the 

congressional defense committees a report on the study required 

by subsection (a) by not later than April 1, 2010. 

Subtitle B—Bonuses and Special and 

Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR RESERVE FORCES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2010’’: 

(1) Section 308b(g), relating to Selected Reserve reenlistment bonus. 

(2) Section 308c(i), relating to Selected Reserve affiliation 

or enlistment bonus. 

(3) Section 308d(c), relating to special pay for enlisted 

members assigned to certain high-priority units. 

(4) Section 308g(f)(2), relating to Ready Reserve enlistment 

bonus for persons without prior service. 

(5) Section 308h(e), relating to Ready Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(6) Section 308i(f), relating to Selected Reserve enlistment 

and reenlistment bonus for persons with prior service. 

(7) Section 910(g), relating to income replacement payments 

for reserve component members experiencing extended and frequent mobilization for active duty service. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2353 

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR HEALTH CARE PROFESSIONALS. 

(a) TITLE 10 AUTHORITIES.—The following sections of title 10, 

United States Code, are amended by striking ‘‘December 31, 2009’’ 

and inserting ‘‘December 31, 2010’’: 

(1) Section 2130a(a)(1), relating to nurse officer candidate 

accession program. 

(2) Section 16302(d), relating to repayment of education 

loans for certain health professionals who serve in the Selected 

Reserve. 

(b) TITLE 37 AUTHORITIES.—The following sections of title 37, 

United States Code, are amended by striking ‘‘December 31, 2009’’ 

and inserting ‘‘December 31, 2010’’: 

(1) Section 302c-1(f), relating to accession and retention 

bonuses for psychologists. 

(2) Section 302d(a)(1), relating to accession bonus for registered nurses. 

(3) Section 302e(a)(1), relating to incentive special pay for 

nurse anesthetists. 

(4) Section 302g(e), relating to special pay for Selected 

Reserve health professionals in critically short wartime specialties. 

(5) Section 302h(a)(1), relating to accession bonus for dental 

officers. 

(6) Section 302j(a), relating to accession bonus for pharmacy 

officers. 

(7) Section 302k(f), relating to accession bonus for medical 

officers in critically short wartime specialties. 

(8) Section 302l(g), relating to accession bonus for dental 

specialist officers in critically short wartime specialties. 

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 

AUTHORITIES FOR NUCLEAR OFFICERS. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2010’’: 

(1) Section 312(f), relating to special pay for nuclear-qualified officers extending period of active service. 

(2) Section 312b(c), relating to nuclear career accession 

bonus. 

(3) Section 312c(d), relating to nuclear career annual incentive bonus. 

SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO TITLE 

37 CONSOLIDATED SPECIAL PAY, INCENTIVE PAY, AND 

BONUS AUTHORITIES. 

The following sections of title 37, United States Code, are 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2010’’: 

(1) Section 331(h), relating to general bonus authority for 

enlisted members. 

(2) Section 332(g), relating to general bonus authority for 

officers. 

(3) Section 333(i), relating to special bonus and incentive 

pay authorities for nuclear officers. 

(4) Section 334(i), relating to special aviation incentive 

pay and bonus authorities for officers. 


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123 STAT. 2354 PUBLIC LAW 111–84—OCT. 28, 2009 

(5) Section 335(k), relating to special bonus and incentive 

pay authorities for officers in health professions. 

(6) Section 351(i), relating to hazardous duty pay. 

(7) Section 352(g), relating to assignment pay or special 

duty pay. 

(8) Section 353(j), relating to skill incentive pay or proficiency bonus. 

(9) Section 355(i), relating to retention incentives for members qualified in critical military skills or assigned to high 

priority units. 

SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF OTHER TITLE 37 BONUSES AND SPECIAL PAYS. 

The following sections of chapter 5 of title 37, United States 

Code, are amended by striking ‘‘December 31, 2009’’ and inserting 

‘‘December 31, 2010’’: 

(1) Section 301b(a), relating to aviation officer retention 

bonus. 

(2) Section 307a(g), relating to assignment incentive pay. 

(3) Section 308(g), relating to reenlistment bonus for active 

members. 

(4) Section 309(e), relating to enlistment bonus. 

(5) Section 324(g), relating to accession bonus for new officers in critical skills. 

(6) Section 326(g), relating to incentive bonus for conversion 

to military occupational specialty to ease personnel shortage. 

(7) Section 327(h), relating to incentive bonus for transfer 

between armed forces. 

(8) Section 330(f), relating to accession bonus for officer 

candidates. 

SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELATING TO PAYMENT OF REFERRAL BONUSES. 

The following sections of title 10, United States Code, are 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2010’’: 

(1) Section 1030(i), relating to health professions referral 

bonus. 

(2) Section 3252(h), relating to Army referral bonus. 

SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS 

TO RECONCILE CONFLICTING AMENDMENTS REGARDING 

CONTINUED PAYMENT OF BONUSES AND SIMILAR BENEFITS FOR CERTAIN MEMBERS. 

(a) TECHNICAL CORRECTIONS TO RECONCILE CONFLICTING

AMENDMENTS.—Section 303a(e) of title 37, United States Code, 

is amended— 

(1) in paragraph (1)(A), by striking ‘‘paragraph (2)’’ and 

inserting ‘‘paragraphs (2) and (3)’’; 

(2) by redesignating paragraphs (3) and (4) as paragraphs 

(4) and (5), respectively; 

(3) in paragraph (5), as so redesignated, by striking ‘‘paragraph (3)(B)’’ and inserting ‘‘paragraph (4)(B)’’; 

(4) by redesignating paragraph (2), as added by section 

651(b) of the Duncan Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4495), 

as paragraph (3); and 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2355 

(5) by redesignating the second subparagraph (B) of paragraph (1), originally added as paragraph (2) by section 2(a)(3) 

of the Hubbard Act (Public Law 110–317; 122 Stat. 3526) 

and erroneously designated as subparagraph (B) by section 

651(a)(3) of the Duncan Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4495), 

as paragraph (2). 

(b) INCLUSION OF HUBBARD ACT AMENDMENT IN CONSOLIDATED

SPECIAL PAY AND BONUS AUTHORITIES.—Section 373(b) of such title 

is amended— 

(1) in paragraph (2), by striking the paragraph heading 

and inserting ‘‘SPECIAL RULE FOR DECEASED AND DISABLED MEM- BERS.—’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) SPECIAL RULE FOR MEMBERS WHO RECEIVE SOLE

SURVIVORSHIP DISCHARGE.—(A) If a member of the uniformed 

services receives a sole survivorship discharge, the Secretary 

concerned— 

‘‘(i) shall not require repayment by the member of 

the unearned portion of any bonus, incentive pay, or similar 

benefit previously paid to the member; and 

‘‘(ii) may grant an exception to the requirement to 

terminate the payment of any unpaid amounts of a bonus, 

incentive pay, or similar benefit if the Secretary concerned 

determines that termination of the payment of the unpaid 

amounts would be contrary to a personnel policy or 

management objective, would be against equity and good 

conscience, or would be contrary to the best interests of 

the United States. 

‘‘(B) In this paragraph, the term ‘sole survivorship discharge’ means the separation of a member from the Armed 

Forces, at the request of the member, pursuant to the Department of Defense policy permitting the early separation of a 

member who is the only surviving child in a family in which— 

‘‘(i) the father or mother or one or more siblings— 

‘‘(I) served in the Armed Forces; and 

‘‘(II) was killed, died as a result of wounds, 

accident, or disease, is in a captured or missing in 

action status, or is permanently 100 percent disabled 

or hospitalized on a continuing basis (and is not 

employed gainfully because of the disability or hospitalization); and 

‘‘(ii) the death, status, or disability did not result from 

the intentional misconduct or willful neglect of the parent 

or sibling and was not incurred during a period of 

unauthorized absence.’’. 

SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCENTIVE PAYS 

TO REFLECT TIME DURING WHICH A MEMBER SATISFIES 

ELIGIBILITY REQUIREMENTS FOR THE SPECIAL OR INCENTIVE PAY. 

(a) SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE FIRE OR

IMMINENT DANGER.—Section 310 of title 37, United States Code, 

is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘AND SPECIAL PAY AMOUNT’’ in the 

subsection heading; and 

Definition. 


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123 STAT. 2356 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) by striking ‘‘at the rate of $225 for any month’’ 

in the matter preceding paragraph (1) and inserting ‘‘under 

subsection (b) for any month or portion of a month’’; 

(2) in subsection (c), by striking paragraph (3); 

(3) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and 

(4) by inserting after subsection (a) the following new subsection: 

‘‘(b) SPECIAL PAY AMOUNT; PRORATION.—(1) The special pay 

authorized by subsection (a) may not exceed $225 a month. 

‘‘(2) Except as provided in subsection (c), if a member does 

not satisfy the eligibility requirements specified in paragraphs (1) 

and (2) of subsection (a) for an entire month for receipt of special 

pay under subsection (a), the Secretary concerned may prorate 

the payment amount to reflect the duration of the member’s actual 

qualifying service during the month.’’. 

(b) HAZARDOUS DUTY PAY.—Section 351 of such title is 

amended— 

(1) by striking subsections (c) and (d) and redesignating 

subsections (e) through (i) as subsections (d) through (h), respectively; and 

(2) by inserting after subsection (b) the following new subsection: 

‘‘(c) METHOD OF PAYMENT; PRORATION.— 

‘‘(1) MONTHLY PAYMENT.—Subject to paragraph (2), hazardous duty pay shall be paid on a monthly basis. 

‘‘(2) PRORATION.—If a member does not satisfy the eligibility requirements specified in paragraph (1), (2), or (3) of 

subsection (a) for an entire month for receipt of hazardous 

duty pay, the Secretary concerned may prorate the payment 

amount to reflect the duration of the member’s actual qualifying 

service during the month.’’. 

(c) ASSIGNMENT OR SPECIAL DUTY PAY.—Section 352(b)(1) of 

such title is amended by adding at the end the following new 

sentence: ‘‘If paid monthly, the Secretary concerned may prorate 

the monthly amount of the assignment or special duty pay for 

a member who does not satisfy the eligibility requirement for an 

entire month to reflect the duration of the member’s actual qualifying service during the month.’’. 

(d) SKILL INCENTIVE PAY.—Section 353 of such title is 

amended— 

(1) by striking subsection (f) and redesignating subsections 

(g) through (j) as subsections (f) through (i), respectively; and 

(2) in subsection (c), by striking paragraph (1) and inserting 

the following new paragraph: 

‘‘(1) SKILL INCENTIVE PAY.—(A) Skill incentive pay under 

subsection (a) may not exceed $1,000 a month. 

‘‘(B) If a member does not satisfy the eligibility requirements specified in paragraphs (1) and (2) of subsection (a) 

for an entire month for receipt of skill incentive pay, the Secretary concerned may prorate the payment amount to reflect 

the duration of the member’s actual qualifying service during 

the month. A member of a reserve component entitled to compensation under section 206 of this title who is authorized 

skill incentive pay under subsection (a) may be paid an amount 

of such pay that is proportionate to the compensation received 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2357 

by the member under section 206 of this title for inactiveduty training.’’. 

SEC. 619. ADDITIONAL ASSIGNMENT PAY OR SPECIAL DUTY PAY 

AUTHORIZED FOR MEMBERS AGREEING TO SERVE IN 

AFGHANISTAN FOR EXTENDED PERIODS. 

(a) AUTHORITY TO PROVIDE ADDITIONAL ASSIGNMENT PAY OR

SPECIAL DUTY PAY.—The Secretary of Defense may provide assignment pay or special duty pay under section 352 of title 37, United 

States Code, in excess of the maximum amount of monthly or 

lump sum assignment or special duty pay authorized under subsection (b) of such section, to members of the Armed Forces (particularly members who achieve language proficiency at levels and in 

languages specified by the Secretary of Defense) who agree to 

serve on active duty in Afghanistan for a minimum of three years. 

The assignment period required by the agreement shall provide 

for reasonable periods of leave. 

(b) REPORTING REQUIREMENTS.—The Secretary shall submit to 

Congress an annual report on the use of the authority provided 

under subsection (a) during the preceding year, including— 

(1) the number of members of the Armed Forces receiving 

assignment pay or special duty pay under section 352 of title 

37, United States Code, in excess of the maximum amount 

otherwise authorized under such section; and 

(2) an assessment of the impact of the use of such authority 

on the effectiveness and efficiency in achieving the United 

States mission in Afghanistan. 

(c) DURATION OF AUTHORITY.—The authority provided by subsection (a) to offer additional assignment pay or special duty pay 

under section 352 of title 37, United States Code, expires on 

December 31, 2012. The expiration of such authority shall not 

affect the terms or duration of any agreement entered into before 

that date to provide additional assignment pay or special duty 

pay under such section. 

SEC. 620. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL PAY FOR 

MEMBERS OF THE ARMED FORCES SUBJECT TO CONTINUING ACTIVE DUTY OR SERVICE UNDER STOP-LOSS 

AUTHORITIES. 

(a) SPECIAL PAY AUTHORIZED.—The Secretary of the military 

department concerned may pay monthly special pay to any member 

of the Army, Navy, Air Force, or Marine Corps (including a member 

of a reserve component thereof) for any month, or portion of a 

month, in which the member serves on active duty in the Armed 

Forces, or has the member’s eligibility for retirement from the 

Armed Forces suspended, as described in subsection (b). 

(b) ELIGIBILITY REQUIREMENTS.—A member of the Armed 

Forces referred to in subsection (a) is eligible to receive special 

pay under this section if the member, at any time during the 

period beginning on October 1, 2009, and ending on June 30, 

2011, serves on active duty while the member’s enlistment or period 

of obligated service is extended, or has the member’s eligibility 

for retirement suspended, pursuant to section 123 or 12305 of 

title 10, United States Code, or any other provision of law (commonly referred to as a ‘‘stop-loss authority’’) that authorizes the 

President to extend an enlistment or period of obligated service, 

or suspend eligibility for retirement, of a member of the Armed 

Time period. 

37 USC 301 note. 

37 USC 352 note. 


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123 STAT. 2358 PUBLIC LAW 111–84—OCT. 28, 2009 

Forces in time of war or national emergency declared by Congress 

or the President. 

(c) AMOUNT.—The amount of monthly special pay payable to 

a member under this section for a month may not exceed $500. 

(d) CONSTRUCTION WITH OTHER PAYS.—Monthly special pay 

payable to a member under this section is in addition to any 

other amounts payable to the member by law. 

SEC. 621. ARMY AUTHORITY TO PROVIDE ADDITIONAL RECRUITMENT 

INCENTIVES. 

(a) EXTENSION OF AUTHORITY.—Subsection (i) of section 681 

of the National Defense Authorization Act for Fiscal Year 2006 

(Public Law 109–163; 119 Stat. 3321) is amended to read as follows: 

‘‘(i) DURATION OF AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary may not develop an incentive under this section, or first provide an incentive developed 

under this section to an individual, after December 31, 2012. 

‘‘(2) CONTINUATION OF INCENTIVES.—Nothing in paragraph 

(1) shall be construed to prohibit or limit the continuing provision to an individual after the date specified in that paragraph 

of an incentive first provided the individual under this section 

before that date.’’. 

(b) LIMITATION ON USE OF AUTHORITY.—Subsection (e) of such 

section is amended by inserting ‘‘at the same time’’ after ‘‘provided’’. 

SEC. 622. REPORT ON RECRUITMENT AND RETENTION OF MEMBERS 

OF THE AIR FORCE IN NUCLEAR CAREER FIELDS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of the Air Force shall 

submit to the congressional defense committees a report on the 

efforts of the Air Force to attract and retain qualified individuals 

for service as members of the Air Force involved in the operation, 

maintenance, handling, and security of nuclear weapons. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of current reenlistment rates and officer 

retention rates, set forth by Air Force Specialty Code, of members of the Air Force serving in positions involving the operation, maintenance, handling, and security of nuclear weapons. 

(2) A description of the current personnel fill rate for Air 

Force units involved in the operation, maintenance, handling, 

and security of nuclear weapons. 

(3) A description of the steps the Air Force has taken, 

including the use of retention bonuses or assignment incentive 

pay, to improve recruiting and reenlistment of enlisted personnel and accession and retention of officers by the Air Force 

for the positions described in paragraph (1). 

(4) An assessment of the feasibility, advisability, utility, 

and cost effectiveness of establishing additional bonuses or 

incentive pay as a way to enhance the recruitment and retention by the Air Force of skilled personnel in the positions 

described in paragraph (1). 

(5) An assessment of whether assignment incentive pay 

should be provided for members of the Air Force covered by 

the Personnel Reliability Program. 

(6) An assessment of the long-term community management plan for recruitment, retention, and assignment by the 

10 USC 503 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2359 

Air Force of skilled personnel in the positions described in 

paragraph (1). 

(7) Such other matters as the Secretary considers appropriate. 

Subtitle C—Travel and Transportation 

Allowances 

SEC. 631. TRAVEL AND TRANSPORTATION FOR SURVIVORS OF 

DECEASED MEMBERS OF THE UNIFORMED SERVICES TO 

ATTEND MEMORIAL CEREMONIES. 

(a) ALLOWANCES AUTHORIZED.—Subsection (a) of section 411f 

of title 37, United States Code, is amended— 

(1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) The Secretary concerned may provide round trip travel 

and transportation allowances to eligible relatives of a member 

of the uniformed services who dies while on active duty in order 

that the eligible relatives may attend a memorial service for the 

deceased member that occurs at a location other than the location 

of the burial ceremony for which travel and transportation allowances are provided under paragraph (1). Travel and transportation 

allowances may be provided under this paragraph for travel of 

eligible relatives to only one memorial service for the deceased 

member concerned.’’. 

(b) CONFORMING AMENDMENTS.—Subsection (c) of such section 

is amended— 

(1) by striking ‘‘subsection (a)(1)’’ the first place it appears 

and inserting ‘‘paragraphs (1) and (2) of subsection (a)’’; and 

(2) by striking ‘‘subsection (a)(1)’’ the second place it 

appears and inserting ‘‘paragraph (1) or (2) of subsection (a)’’. 

SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED INDIVIDUALS OF WOUNDED, ILL, OR INJURED 

MEMBERS OF THE UNIFORMED SERVICES FOR DURATION 

OF INPATIENT TREATMENT. 

(a) AUTHORITY TO PROVIDE TRAVEL TO DESIGNATED INDIVIDUALS.—Subsection (a) of section 411h of title 37, United States 

Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘family members of a member described 

in paragraph (2)’’ and inserting ‘‘individuals who, with 

respect to a member described in paragraph (2), are designated individuals for that member’’; 

(B) by striking ‘‘that the presence of the family 

member’’ and inserting ‘‘, with respect to any such individual, that the presence of such individual’’; and 

(C) by striking ‘‘of family members’’ and inserting ‘‘of 

designated individuals’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(4) In the case of a designated individual who is also a member 

of the uniformed services, that member may be provided travel 

and transportation under this section in the same manner as a 

designated individual who is not a member.’’. 

(b) DEFINITION OF DESIGNATED INDIVIDUAL.— 


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123 STAT. 2360 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) IN GENERAL.—Paragraph (1) of subsection (b) of such 

section is amended by striking ‘‘the term’’ and all that follows 

and inserting ‘‘the term ‘designated individual’, with respect 

to a member, means— 

‘‘(A) an individual designated by the member for the purposes of this section; or 

‘‘(B) in the case of a member who has not made a designation under subparagraph (A) and, as determined by the 

attending physician or surgeon, is not able to make such a 

designation, an individual who, as designated by the attending 

physician or surgeon and the commander or head of the military 

medical facility exercising control over the member, is someone 

with a personal relationship to the member whose presence 

may aid and support the health and welfare of the member 

during the duration of the member’s inpatient treatment.’’. 

(2) DESIGNATIONS NOT PERMANENT.—Paragraph (2) of such 

subsection is amended to read as follows: 

‘‘(2) The designation of an individual as a designated individual 

for purposes of this section may be changed at any time.’’. 

(c) COVERAGE OF MEMBERS HOSPITALIZED OUTSIDE THE UNITED

STATES WHO WERE WOUNDED OR INJURED IN A COMBAT OPERATION

OR COMBAT ZONE.— 

(1) COVERAGE FOR HOSPITALIZATION OUTSIDE THE UNITED

STATES.—Subparagraph (B) of subsection (a)(2) of such section 

is amended— 

(A) in clause (i), by striking ‘‘in or outside the United 

States’’; and 

(B) in clause (ii), by striking ‘‘in the United States’’. 

(2) CLARIFICATION OF MEMBERS COVERED.—Such subparagraph is further amended— 

(A) in clause (i), by inserting ‘‘seriously wounded,’’ after 

‘‘(i) is’’; and 

(B) in clause (ii)— 

(i) by striking ‘‘an injury’’ and inserting ‘‘a wound 

or an injury’’; and 

(ii) by striking ‘‘that injury’’ and inserting ‘‘that 

wound or injury’’. 

(d) COVERAGE OF MEMBERS WITH SERIOUS MENTAL DISORDERS.— 

(1) IN GENERAL.—Subsection (a)(2)(B)(i) of such section, 

as amended by subsection (c) of this section, is further amended 

by inserting ‘‘(including having a serious mental disorder)’’ 

after ‘‘seriously injured’’. 

(2) SERIOUS MENTAL DISORDER DEFINED.—Subsection (b) 

of such section 411h, as amended by subsection (b) of this 

section, is further amended by adding at the end the following 

new paragraph: 

‘‘(4)(A) In this section, the term ‘serious mental disorder’, in 

the case of a member, means that the member has been diagnosed 

with a mental disorder that requires intensive mental health treatment or hospitalization. 

‘‘(B) The circumstances in which a member shall be considered 

to have a serious mental disorder for purposes of this section 

shall include, but not be limited to, the following: 

‘‘(i) The member is considered to be a potential danger 

to self or others as a result of a diagnosed mental disorder 


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that requires intensive mental health treatment or hospitalization. 

‘‘(ii) The member is diagnosed with a mental disorder and 

has psychotic symptoms that require intensive mental health 

treatment or hospitalization. 

‘‘(iii) The member is diagnosed with a mental disorder 

and has severe symptoms or severe impairment in functioning 

that require intensive mental health treatment or hospitalization.’’. 

(e) FREQUENCY OF AUTHORIZED TRAVEL.—Paragraph (3) of subsection (a) of such section 411h is amended to read as follows: 

‘‘(3) Not more than a total of three roundtrips may be provided 

under paragraph (1) in any 60-day period at Government expense 

to the individuals who, with respect to a member, are the designated 

individuals of that member in effect during that period. However, 

if the Secretary concerned has granted a waiver under the second 

sentence of paragraph (1) with respect to a member, then for 

any 60-day period in which the waiver is in effect the limitation 

in the preceding sentence shall be adjusted accordingly. In addition, 

during any period during which there is in effect a non-medical 

attendant designation for a member under section 411k of this 

title, not more than a total of two roundtrips may be provided 

under paragraph (1) in any 60-day period at Government expense 

until there no longer is a designation of a non-medical attendant 

or that designation transfers to another individual, in which case 

during the transfer period three roundtrips may be provided.’’. 

(f) STYLISTIC AND CONFORMING AMENDMENTS.—Such section 

is further amended— 

(1) in subsection (a), by striking ‘‘(a)(1)’’ and inserting ‘‘(a) 

TRAVEL AND TRANSPORTATION AUTHORIZED.—(1)’’; 

(2) in subsection (b)— 

(A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b) DEFINITIONS.—(1)’’; and 

(B) in paragraph (3)— 

(i) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

(ii) by adding at the end the following new 

subparagraph: 

‘‘(B) In this paragraph, the term ‘family member’, with respect 

to a member, means the following: 

‘‘(i) The member’s spouse. 

‘‘(ii) Children of the member (including stepchildren, 

adopted children, and illegitimate children). 

‘‘(iii) Parents of the member or persons in loco parentis 

to the member, including fathers and mothers through adoption 

and persons who stood in loco parentis to the member for 

a period not less than one year immediately before the member 

entered the uniformed service, except that only one father 

and one mother or their counterparts in loco parentis may 

be recognized in any one case. 

‘‘(iv) Siblings of the member. 

‘‘(v) A person related to the member as described in clause 

(i), (ii), (iii), or (iv) who is also a member of the uniformed 

services.’’; 

(3) in subsection (c)— 

(A) by striking ‘‘(c)(1)’’ and inserting ‘‘(c) ROUND TRIP

TRANSPORTATION AND PER DIEM ALLOWANCE.—(1)’’; and 


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123 STAT. 2362 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) in paragraph (1), by striking ‘‘family member’’ and 

inserting ‘‘designated individual’’; and 

(4) in subsection (d), by striking ‘‘(d)(1)’’ and inserting ‘‘(d) 

METHOD OF TRANSPORTATION AUTHORIZED.—(1)’’. 

(g) CLERICAL AMENDMENTS.— (1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, 

illness, or injury’’. 

(2) TABLE OF SECTIONS.—The item relating to such section 

in the table of sections at the beginning of chapter 7 of such 

title is amended to read as follows: 

‘‘411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury.’’. 

(h) CONFORMING AMENDMENT TO WOUNDED WARRIOR ACT.— 

Section 1602(4) of the Wounded Warrior Act (10 U.S.C. 1071 note) 

is amended by striking ‘‘411h(b)(1)’’ and inserting ‘‘411h(b)(3)(B)’’. 

(i) APPLICABILITY OF AMENDMENTS.—No reimbursement may 

be provided under section 411h of title 37, United States Code, 

by reason of the amendments made by this section for travel and 

transportation costs incurred before the date of the enactment of 

this Act. 

SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION ALLOWANCES 

FOR NON-MEDICAL ATTENDANTS FOR VERY SERIOUSLY 

AND SERIOUSLY WOUNDED, ILL, OR INJURED MEMBERS. 

(a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

(1) IN GENERAL.—Chapter 7 of title 37, United States Code, 

is amended by inserting after section 411j the following new 

section: 

‘‘§ 411k. Travel and transportation allowances: non-medical 

attendants for members who are determined to be 

very seriously or seriously wounded, ill, or injured 

‘‘(a) ALLOWANCE FOR NON-MEDICAL ATTENDANT.—Under uniform regulations prescribed by the Secretaries concerned, travel 

and transportation described in subsection (d) may be provided 

for a qualified non-medical attendant for a covered member of 

the uniformed services described in subsection (c) if the attending 

physician or surgeon and the commander or head of the military 

medical facility exercising control over the member determine that 

the presence of such an attendant may contribute to the member’s 

health and welfare. 

‘‘(b) QUALIFIED NON-MEDICAL ATTENDANT.—For purposes of this 

section, a qualified non-medical attendant, with respect to a covered 

member, is an individual who— 

‘‘(1) is designated by the member to be a non-medical 

attendant for the member for purposes of this section; and 

‘‘(2) is determined by the attending physician or surgeon 

and the commander or head of the military medical facility 

to be appropriate to serve as a non-medical attendant for the 

member and whose presence may contribute to the health and 

welfare of the member. 

Regulations. 

37 USC 411h 

note. 


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‘‘(c) COVERED MEMBERS.—A member of the uniformed services 

covered by this section is a member who— 

‘‘(1) as a result of a wound, illness, or injury, has been 

determined by the attending physician or surgeon to be in 

the category known as ‘very seriously wounded, ill, or injured’ 

or ‘seriously wounded, ill, or injured’; and 

‘‘(2) is hospitalized for treatment of the wound, illness, 

or injury or requires continuing outpatient treatment for the 

wound, illness, or injury. 

‘‘(d) AUTHORIZED TRAVEL AND TRANSPORTATION.—(1) The 

transportation authorized by subsection (a) for a qualified nonmedical attendant for a member is round-trip transportation 

between the home of the attendant and the location at which 

the member is receiving treatment and may include transportation, 

while accompanying the member, to any other location to which 

the member is subsequently transferred for further treatment. A 

designated non-medical attendant under this section may not also 

be a designated individual for travel and transportation allowances 

section 411h(a) of this title. 

‘‘(2) The transportation authorized by subsection (a) includes 

any travel necessary to obtain treatment for the member at the 

location to which the member is permanently assigned. 

‘‘(3) In addition to the transportation authorized by subsection 

(a), the Secretary concerned may provide a per diem allowance 

or reimbursement for the actual and necessary expenses of the 

travel, or a combination thereof, but not to exceed the rates established under section 404(d) of this title. 

‘‘(4) The transportation authorized by subsection (a) may be 

provided by any of the following means: 

‘‘(A) Transportation in-kind. 

‘‘(B) A monetary allowance in place of transportation inkind at a rate to be prescribed by the Secretaries concerned. 

‘‘(C) Reimbursement for the commercial cost of transportation. 

‘‘(5) An allowance payable under this subsection may be paid 

in advance. 

‘‘(6) Reimbursement payable under this subsection may not 

exceed the cost of Government-procured commercial round-trip air 

travel.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item related to section 411j the following new item: 

‘‘411k. Travel and transportation allowances: non-medical attendants for members 

determined to be very seriously or seriously wounded, ill, or injured.’’. 

(b) APPLICABILITY.—No reimbursement may be provided under 

section 411k of title 37, United States Code, as added by subsection 

(a), for travel and transportation costs incurred before the date 

of the enactment of this Act. 

SEC. 634. REIMBURSEMENT OF TRAVEL EXPENSES OF MEMBERS OF 

THE ARMED FORCES ON ACTIVE DUTY AND THEIR 

DEPENDENTS FOR TRAVEL FOR SPECIALTY CARE UNDER 

EXCEPTIONAL CIRCUMSTANCES. 

(a) REIMBURSEMENT AUTHORIZED.—Section 1074i of title 10, 

United States Code, is amended— 

(1) by redesignating subsections (b) and (c) as subsections 

(c) and (d), respectively; and 

37 USC 411k 

note. 


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123 STAT. 2364 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) REIMBURSEMENT FOR TRAVEL UNDER EXCEPTIONAL CIRCUMSTANCES.—The Secretary of Defense may provide reimbursement for reasonable travel expenses of travel of members of the 

armed forces on active duty and their dependents, and accompaniment, to a specialty care provider not otherwise authorized by 

subsection (a) under such exceptional circumstances as the Secretary considers appropriate for purposes of this section.’’. 

(b) TECHNICAL AMENDMENT.—Subsection (a) of such section 

is amended by inserting ‘‘of Defense’’ after ‘‘the Secretary’’. 

SEC. 635. REPORT ON ADEQUACY OF WEIGHT ALLOWANCES FOR 

TRANSPORTATION OF BAGGAGE AND HOUSEHOLD 

EFFECTS FOR MEMBERS OF THE UNIFORMED SERVICES. 

(a) REPORT REQUIRED.—Not later than July 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report containing— 

(1) a review of the weight allowances provided for the 

transportation of baggage and household goods under section 

406(b)(1)(C) of title 37, United States Code; and 

(2) such recommended changes to the weight allowance, 

including an estimate of the cost of each recommended change, 

as the Secretary considers appropriate. 

(b) ELEMENTS OF REVIEW.—The Secretary shall consider 

whether the weight allowances reviewed under subsection (a) are 

suitable in terms of— 

(1) recognizing the societal needs and expectations of families in the United States; 

(2) providing for an appropriate quality of life for members 

of the Armed Forces in all grades; and 

(3) recognizing the appropriate rewards and prestige associated with promotion to higher military grade, with particular 

attention to mid-grade and senior noncommissioned officer 

ranks. 

Subtitle D—Disability, Retired Pay, and 

Survivor Benefits 

SEC. 641. TRANSITION ASSISTANCE FOR RESERVE COMPONENT MEMBERS INJURED WHILE ON ACTIVE DUTY. 

(a) IN GENERAL.—Chapter 61 of title 10, United States Code, 

is amended by inserting after section 1218 the following new section: 

‘‘§ 1218a. Discharge or release from active duty: transition 

assistance for reserve component members 

injured while on active duty 

‘‘(a) PROVISION OF CERTAIN INFORMATION.—Before a member 

of a reserve component described in subsection (b) is demobilized 

or separated from the armed forces, the Secretary of the military 

department concerned shall provide to the member the following 

information: 

‘‘(1) Information on the availability of care and administrative processing through community based warrior transition 

units. 


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‘‘(2) Information on the location of the community based 

warrior transition unit located nearest to the permanent place 

of residence of the member. 

‘‘(b) COVERED MEMBERS.—Subsection (a) applies to members 

of a reserve component who are injured while on active duty in 

the armed forces.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 61 of such title is amended by inserting after 

the item relating to section 1218 the following new item: 

‘‘1218a. Discharge or release from active duty: transition assistance for reserve component members injured while on active duty.’’. 

SEC. 642. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF 

RETIRED GRADE OF RESERVE RETIREES TO REFLECT 

SERVICE AFTER RETIREMENT. 

(a) RECOMPUTATION OF RETIRED PAY.—Section 12739 of title 

10, United States Code, is amended by adding at the end the 

following new subsection: 

‘‘(e)(1) If a member of the Retired Reserve is recalled to an 

active status in the Selected Reserve of the Ready Reserve under 

section 10145(d) of this title and completes not less than two years 

of service in such active status, the member is entitled to the 

recomputation under this section of the retired pay of the member. 

‘‘(2) The Secretary concerned may reduce the two-year service 

requirement specified in paragraph (1) in the case of a member 

who— 

‘‘(A) is recalled to serve in a position of adjutant general 

required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant 

general; 

‘‘(B) completes at least one year of service in such position; 

and 

‘‘(C) fails to complete the minimum two years of service 

solely because the appointment of the member to such position 

is terminated or vacated as described in section 324(b) of title 

32.’’. 

(b) ADJUSTMENT OF RETIRED GRADE.—Section 12771 of such 

title is amended— 

(1) by striking ‘‘Unless’’ and inserting ‘‘(a) GRADE ON

TRANSFER.—Unless’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE STATUS.—(1) 

If a member of the Retired Reserve who is a commissioned officer 

is recalled to an active status in the Selected Reserve of the Ready 

Reserve under section 10145(d) of this title and completes not 

less than two years of service in such active status, the member 

is entitled to an adjustment in the retired grade of the member 

in the manner provided in section 1370(d) of this title. 

‘‘(2) The Secretary concerned may reduce the two-year service 

requirement specified in paragraph (1) in the case of a member 

who— 

‘‘(A) is recalled to serve in a position of adjutant general 

required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant 

general; 

‘‘(B) completes at least one year of service in such position; 

and 

Applicability. 


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‘‘(C) fails to complete the minimum two years of service 

solely because the appointment of the member to such position 

is terminated or vacated as described in section 324(b) of title 

32.’’. 

SEC. 643. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR 

SERVICE UPON RETIREMENT FOR SERVICE IN AN ACTIVE 

RESERVE STATUS PERFORMED AFTER ATTAINING ELIGIBILITY FOR REGULAR RETIREMENT. 

(a) ELECTION AUTHORITY; REQUIREMENTS.—Subsection (a) of 

section 12741 of title 10, United States Code, is amended to read 

as follows: 

‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE RETIRED PAY.— (1) Notwithstanding the requirement in paragraph (4) of section 

12731(a) of this title that a person may not receive retired pay 

under this chapter when the person is entitled, under any other 

provision of law, to retired pay or retainer pay, a person may 

elect to receive retired pay under this chapter, instead of receiving 

retired or retainer pay under chapter 65, 367, 571, or 867 of this 

title, if the person— 

‘‘(A) satisfies the requirements specified in paragraphs (1) 

and (2) of such section for entitlement to retired pay under 

this chapter; 

‘‘(B) served in an active status in the Selected Reserve 

of the Ready Reserve after becoming eligible for retirement 

under chapter 65, 367, 571, or 867 of this title (without regard 

to whether the person actually retired or received retired or 

retainer pay under one of those chapters); and 

‘‘(C) completed not less than two years of satisfactory 

service (as determined by the Secretary concerned) in such 

active status (excluding any period of active service). 

‘‘(2) The Secretary concerned may reduce the minimum twoyear service requirement specified in paragraph (1)(C) in the case 

of a person who— 

‘‘(A) completed at least one year of service in a position 

of adjutant general required under section 314 of title 32 or 

in a position of assistant adjutant general subordinate to such 

a position of adjutant general; and 

‘‘(B) failed to complete the minimum years of service solely 

because the appointment of the person to such position was 

terminated or vacated as described in section 324(b) of title 

32.’’. 

(b) ACTIONS TO EFFECTUATE ELECTION.—Subsection (b) of such 

section is amended by striking paragraph (1) and inserting the 

following new paragraph: 

‘‘(1) terminate the eligibility of the person to retire under 

chapter 65, 367, 571, or 867 of this title, if the person is 

not already retired under one of those chapters, and terminate 

entitlement of the person to retired or retainer pay under 

one of those chapters, if the person was already receiving 

retired or retainer pay under one of those chapters; and’’. 

(c) CONFORMING AMENDMENT TO REFLECT NEW VARIABLE AGE

REQUIREMENT FOR RETIREMENT.—Subsection (d) of such section 

is amended— 

(1) in paragraph (1), by striking ‘‘attains 60 years of age’’ 

and inserting ‘‘attains the eligibility age applicable to the person 

under section 12731(f) of this title’’; and 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2367 

(2) in paragraph (2)(A), by striking ‘‘attains 60 years of 

age’’ and inserting ‘‘attains the eligibility age applicable to 

the person under such section’’. 

(d) RETIRED PAY BASE.— (1) MEMBERS BECOMING MEMBERS BEFORE SEPTEMBER 8, 1980.—Section 1406(b)(2) of such title is amended by inserting 

after ‘‘when retired pay is granted’’ the following: ‘‘(or, in the 

case of a person entitled to retired pay by reason of an election 

under section 12741(a) of this title, at rates applicable on 

the date the person completes the service required under such 

section 12741(a))’’. 

(2) MEMBERS BECOMING MEMBERS AFTER SEPTEMBER 7, 1980.—Section 1407(d)(4) of such title is amended by inserting 

after ‘‘became entitled to retired pay’’ the following: ‘‘or, in 

the case of a member or former member entitled to retired 

pay by reason of an election under section 12741(a) of this 

title, before the member or former member completes the 

service required under such section 12741(a),’’. 

(e) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading for section 12741 of 

such title is amended to read as follows: 

‘‘§ 12741. Retirement for service in an active status performed 

in the Selected Reserve of the Ready Reserve after 

eligibility for regular retirement’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 1223 of such title is amended by striking 

the item relating to section 12741 and inserting the following 

new item: 

‘‘12741. Retirement for service in an active status performed in the Selected Reserve 

of the Ready Reserve after eligibility for regular retirement.’’. 

SEC. 644. REPORT ON RE-DETERMINATION PROCESS FOR PERMANENTLY INCAPACITATED DEPENDENTS OF RETIRED AND 

DECEASED MEMBERS OF THE ARMED FORCES. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report on the re-determination process of the Department of Defense used to determine the eligibility of permanently 

incapacitated dependents of retired and deceased members of the 

Armed Forces for benefits provided under laws administered by 

the Secretary. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An assessment of the re-determination process, 

including the following: 

(A) The rationale for requiring a quadrennial recertification of financial support after issuance of a permanent 

identification card to a permanently incapacitated 

dependent. 

(B) The administrative and other burdens the quadrennial recertification imposes on the affected sponsor and 

dependents, especially after the sponsor becomes ill, 

incapacitated, or deceased. 

(C) The extent to which the quadrennial recertification 

undermines the utility of issuing a permanent identification 

card. 


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123 STAT. 2368 PUBLIC LAW 111–84—OCT. 28, 2009 

(D) The extent of the consequences entailed in eliminating the requirement for quadrennial recertification. 

(2) Specific recommendations for the following: 

(A) Improving the efficiency of the recertification 

process. 

(B) Minimizing the burden of such process on the sponsors of such dependents. 

(C) Eliminating the requirement for quadrennial recertification. 

SEC. 645. TREATMENT AS ACTIVE SERVICE FOR RETIRED PAY PURPOSES OF SERVICE AS MEMBER OF ALASKA TERRITORIAL 

GUARD DURING WORLD WAR II. 

(a) IN GENERAL.—Service as a member of the Alaska Territorial 

Guard during World War II of any individual who was honorably 

discharged therefrom under section 8147 of the Department of 

Defense Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 

705) shall be treated as active service for purposes of the computation under chapter 61, 71, 371, 571, 871, or 1223 of title 10, 

United States Code, as applicable, of the retired pay to which 

such individual may be entitled under title 10, United States Code. 

(b) APPLICABILITY.—Subsection (a) shall apply with respect to 

amounts of retired pay payable under title 10, United States Code, 

for months beginning on or after the date of the enactment of 

this Act. No retired pay shall be paid to any individual by reason 

of subsection (a) for any period before that date. 

(c) WORLD WAR II DEFINED.—In this section, the term ‘‘World 

War II’’ has the meaning given that term in section 101(8) of 

title 38, United States Code. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits and Operations 

SEC. 651. LIMITATION ON DEPARTMENT OF DEFENSE ENTITIES 

OFFERING PERSONAL INFORMATION SERVICES TO MEMBERS AND THEIR DEPENDENTS. 

(a) IMPOSITION OF LIMITATION.—Subchapter III of chapter 147 

of title 10, United States Code, is amended by inserting after 

section 2492 the following new section: 

‘‘§ 2492a. Limitation on Department of Defense entities competing with private sector in offering personal 

information services 

‘‘(a) LIMITATION.—(1) Notwithstanding section 2492 of this title, 

the Secretary of Defense may not authorize a Department of Defense 

entity to offer or provide personal information services directly 

to users using Department resources, personnel, or equipment, or 

compete for contracts to provide such personal information services 

directly to users, if users will be charged a fee for the personal 

information services to recover the cost incurred to provide the 

services or to earn a profit. 

‘‘(2) The limitation in paragraph (1) shall not be construed 

to prohibit or preclude the use of Department resources, personnel, 

Contracts. 

Effective date. 

10 USC 1401 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2369 

or equipment to administer or facilitate personal information services contracts with private contractors. 

‘‘(b) EXCEPTIONS.—The limitation in subsection (a) shall not 

apply if the Secretary of Defense determines that— 

‘‘(1) a private sector vendor is not available to provide 

the personal information services at specific locations; 

‘‘(2) the interests of the user population would be best 

served by allowing the Government to provide such services; 

or 

‘‘(3) circumstances (as specified by the Secretary for purposes of this section) are such that the provision of such services 

by a Department entity is in the best interest of the Government or military users in general. 

‘‘(c) PERSONAL INFORMATION SERVICES DEFINED.—In this section, the term ‘personal information services’ means the provision 

of Internet, telephone, or television services to consumers.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after section 

2492 the following new item: 

‘‘2492a. Limitation on Department of Defense entities competing with private sector 

in offering personal information services.’’. 

(c) EFFECT ON EXISTING CONTRACTS.—Section 2492a of title 

10, United States Code, as added by subsection (a), does not affect 

the validity or terms of any contract for the provision of personal 

information services entered into before the date of the enactment 

of this Act. 

SEC. 652. REPORT ON IMPACT OF PURCHASING FROM LOCAL 

DISTRIBUTORS ALL ALCOHOLIC BEVERAGES FOR RESALE 

ON MILITARY INSTALLATIONS ON GUAM. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report evaluating the impact of reimposing 

the requirement, effective for fiscal year 2008 pursuant to section 

8073 of the Department of Defense Appropriations Act, 2008 (division A of Public Law 110–116; 121 Stat. 1331) but not extended 

for fiscal year 2009, that all alcoholic beverages intended for resale 

on military installations on Guam be purchased from local sources. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) The concerns of nonappropriated funds activities over 

the one-year imposition of the local-purchase requirement and 

the impact the requirement had on alcohol resale prices. 

(2) The stated justification for any change in the price 

of alcoholic beverages for resale on military installations on 

Guam. 

(3) The actions of the nonappropriated fund activities in 

complying with the local purchase requirements for resale of 

alcoholic beverages and their purchase of such affected products 

before and after the effective date of the provision of law 

referred to in subsection (a). 

(4) The extent to which nonappropriated funds activities 

on military installations on Guam are implementing the 

applicable Department of Defense instruction and the methods 

used to determine the resale price of alcoholic beverages. 

10 USC 2492a 

note. 


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123 STAT. 2370 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle F—Other Matters 

SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAYMENTS OF PAY 

AND ALLOWANCES ERRONEOUSLY PAID TO MEMBERS. 

(a) MAXIMUM MONTHLY PERCENTAGE OF MEMBER’S PAY

AUTHORIZED FOR DEDUCTION.—Paragraph (3) of subsection (c) of 

section 1007 of title 37, United States Code, is amended by striking 

‘‘20 percent’’ and inserting ‘‘15 percent’’. 

(b) REQUESTS FOR DELAY IN REPAYMENT.—Such paragraph is 

further amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) In all cases described in subparagraph (A), the Secretary 

concerned shall provide a reasonable opportunity for the member 

to request a delay in the imposition of the repayment requirement 

to recover the indebtedness. Before beginning collection efforts, 

the Secretary concerned shall consider the reasons provided by 

the member for the requested delay, including the financial ability 

of the member to repay the indebtedness, and the hardship that 

immediate collection would impose on the member and the member’s dependents.’’. 

(c) DELAY IN INSTITUTING COLLECTIONS FROM WOUNDED OR

INJURED MEMBERS.—Paragraph (4) of such subsection is amended 

to read as follows: 

‘‘(4)(A) If a member of the uniformed services, through no 

fault of the member, incurs a wound, injury, or illness while in 

the line of duty in a combat operation or combat zone designated 

by the President or the Secretary of Defense, any overpayment 

of pay or allowances made to the member while the member 

recovers from the wound, injury, or illness may not be deducted 

from the member’s pay until— 

‘‘(i) the member is notified of the overpayment; and 

‘‘(ii) the later of the following occurs: 

‘‘(I) The end of the 180-day period beginning on the 

date of the completion of the tour of duty of the member 

in the combat operation or combat zone. 

‘‘(II) The end of the 90-day period beginning on the 

date of the reassignment of the member from a military 

treatment facility or other medical unit outside of the theater of operations. 

‘‘(B) Subparagraph (A) shall not apply if the member, after 

receiving notification of the overpayment, requests or consents to 

initiation at an earlier date of the collection of the overpayment 

of the pay or allowances.’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply only with respect to an overpayment of pay or allowances 

made to a member of the uniformed services after the date of 

the enactment of this Act. 

SEC. 662. SENSE OF CONGRESS ON AIRFARES FOR MEMBERS OF THE 

ARMED FORCES. 

It is the sense of Congress that— 

(1) all United States commercial air carriers should seek 

to lend their support with flexible, generous policies applicable 

to members of the Armed Forces who are traveling on leave 

or liberty at their own expense; and 

37 USC 1007 

note. 

Time periods. 

Notification. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2371 

(2) each United States air carrier, for all members of the 

Armed Forces who have been granted leave or liberty and 

who are traveling by air at their own expense, should— 

(A) seek to provide reduced air fares that are comparable to the lowest airfare for ticketed flights and that 

eliminate to the maximum extent possible advance purchase requirements; 

(B) seek to eliminate change fees or charges and any 

penalties; 

(C) seek to eliminate or reduce baggage and excess 

weight fees; 

(D) offer flexible terms that allow members to purchase, modify, or cancel tickets without time restrictions, 

and to waive fees (including baggage fees), ancillary costs, 

or penalties; and 

(E) seek to take proactive measures to ensure that 

all airline employees, particularly those who issue tickets 

and respond to members of the Armed Forces and their 

family members, are trained in the policies of the airline 

aimed at benefitting members of the Armed Forces who 

are on leave. 

SEC. 663. SENSE OF CONGRESS ON ESTABLISHMENT OF FLEXIBLE 

SPENDING ARRANGEMENTS FOR THE UNIFORMED SERVICES. 

(a) IN GENERAL.—It is the sense of Congress that the Secretary 

of Defense, with respect to members of the Army, Navy, Marine 

Corps, and Air Force, the Secretary of Homeland Security, with 

respect to members of the Coast Guard, the Secretary of Health 

and Human Services, with respect to commissioned officers of the 

Public Health Service, and the Secretary of Commerce, with respect 

to commissioned officers of the National Oceanic and Atmospheric 

Administration, should establish procedures to implement flexible 

spending arrangements with respect to basic pay and compensation 

for health care and dependent care on a pre-tax basis in accordance 

with regulations prescribed under sections 106(c) and 125 of the 

Internal Revenue Code of 1986. 

(b) CONSIDERATIONS.—It is the sense of Congress that, in establishing the procedures described by subsection (a), the Secretary 

of Defense, the Secretary of Homeland Security, the Secretary of 

Health and Human Services, and the Secretary of Commerce should 

consider life events of members of the uniformed services that 

are unique to them as members of the uniformed services, including 

changes relating to permanent changes of duty station and deployments to overseas contingency operations. 

SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR COMPENSATION, RETIREMENT, AND OTHER MILITARY PERSONNEL 

PROGRAMS. 

It is the sense of Congress that members of the Armed Forces 

and their families and survivors and military retirees deserve 

ongoing recognition and support for their service and sacrifices 

on behalf of the United States, and Congress will continue to 

be vigilant in identifying appropriate direct spending offsets that 

can be used to address shortcomings within those military personnel 

programs that incur mandatory spending obligations. 


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123 STAT. 2372 PUBLIC LAW 111–84—OCT. 28, 2009 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—Improvements to Health Benefits 

Sec. 701. Prohibition on conversion of military medical and dental positions to civilian medical and dental positions. 

Sec. 702. Health care for members of the reserve components. 

Sec. 703. Enhancement of transitional dental care for members of the reserve components on active duty for more than 30 days in support of a contingency operation. 

Sec. 704. Expansion of survivor eligibility under TRICARE dental program. 

Sec. 705. TRICARE Standard coverage for certain members of the Retired Reserve 

who are qualified for a non-regular retirement but are not yet age 60. 

Sec. 706. Constructive eligibility for TRICARE benefits of certain persons otherwise 

ineligible under retroactive determination of entitlement to Medicare 

part A hospital insurance benefits. 

Sec. 707. Notification of certain individuals regarding options for enrollment under 

Medicare part B. 

Sec. 708. Mental health assessments for members of the Armed Forces deployed in 

connection with a contingency operation. 

Sec. 709. Temporary TRICARE inpatient fee modification. 

Subtitle B—Health Care Administration 

Sec. 711. Comprehensive policy on pain management by the military health care 

system. 

Sec. 712. Administration and prescription of psychotropic medications for members 

of the Armed Forces before and during deployment. 

Sec. 713. Cooperative health care agreements between military installations and 

non-military health care systems. 

Sec. 714. Plan to increase the mental health capabilities of the Department of Defense. 

Sec. 715. Department of Defense study on management of medications for physically and psychologically wounded members of the Armed Forces. 

Sec. 716. Limitation on obligation of funds under defense health program information technology programs. 

Subtitle C—Other Matters 

Sec. 721. Study and plan to improve military health care. 

Sec. 722. Study, plan, and pilot for the mental health care needs of dependent children of members of the Armed Forces. 

Sec. 723. Clinical trial on cognitive rehabilitative therapy for members and former 

members of the Armed Forces. 

Sec. 724. Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed 

Forces. 

Sec. 725. Chiropractic clinical trials. 

Sec. 726. Independent study on post-traumatic stress disorder efforts. 

Sec. 727. Report on implementation of requirements on the relationship between 

the TRICARE program and employer-sponsored group health plans. 

Sec. 728. Report on stipends for members of reserve components for health care for 

certain dependents. 

Subtitle A—Improvements to Health 

Benefits 

SEC. 701. PROHIBITION ON CONVERSION OF MILITARY MEDICAL AND 

DENTAL POSITIONS TO CIVILIAN MEDICAL AND DENTAL 

POSITIONS. 

Subsection (a) of section 721 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 198; 

10 U.S.C. 129c note) is amended— 

(1) by striking ‘‘during the period beginning on’’ and 

inserting ‘‘on or after’’; and 

(2) by striking ‘‘, and ending on September 30, 2012’’. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2373 

SEC. 702. HEALTH CARE FOR MEMBERS OF THE RESERVE COMPONENTS. 

Section 1074(d)(1)(B) of title 10, United States Code, is amended 

by striking ‘‘90 days’’ and inserting ‘‘180 days’’. 

SEC. 703. ENHANCEMENT OF TRANSITIONAL DENTAL CARE FOR MEMBERS OF THE RESERVE COMPONENTS ON ACTIVE DUTY 

FOR MORE THAN 30 DAYS IN SUPPORT OF A CONTINGENCY 

OPERATION. 

Section 1145(a) of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) in the matter preceding subparagraph (A), by 

striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’; and 

(B) in subparagraph (A), by inserting ‘‘except as provided in paragraph (3),’’ before ‘‘medical and dental care’’; 

(2) by redesignating paragraphs (3), (4), (5), and (6) as 

paragraphs (4), (5), (6), and (7), respectively; 

(3) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) In the case of a member described in paragraph (2)(B), 

the dental care to which the member is entitled under this subsection shall be the dental care to which a member of the uniformed 

services on active duty for more than 30 days is entitled under 

section 1074 of this title.’’; 

(4) in paragraph (4), as redesignated by paragraph (2) 

of this section, by striking ‘‘paragraph (6)’’ and inserting ‘‘paragraph (7)’’; and 

(5) in subparagraph (A) of paragraph (6), as redesignated 

by paragraph (2) of this section, by striking ‘‘paragraph (4)’’ 

and inserting ‘‘paragraph (5)’’. 

SEC. 704. EXPANSION OF SURVIVOR ELIGIBILITY UNDER TRICARE 

DENTAL PROGRAM. 

Paragraph (3) of section 1076a(k) of title 10, United States 

Code, is amended to read as follows: 

‘‘(3) Such term does not include a dependent by reason of 

paragraph (2) after the end of the three-year period beginning 

on the date of the member’s death, except that, in the case of 

a dependent of the deceased who is described by subparagraph 

(D) or (I) of section 1072(2) of this title, the period of continued 

eligibility shall be the longer of the following periods beginning 

on such date: 

‘‘(A) Three years. 

‘‘(B) The period ending on the date on which such 

dependent attains 21 years of age. 

‘‘(C) In the case of such dependent who, at 21 years of 

age, is enrolled in a full-time course of study in a secondary 

school or in a full-time course of study in an institution of 

higher education approved by the administering Secretary and 

was, at the time of the member’s death, in fact dependent 

on the member for over one-half of such dependent’s support, 

the period ending on the earlier of the following dates: 

‘‘(i) The date on which such dependent ceases to pursue 

such a course of study, as determined by the administering 

Secretary. 

‘‘(ii) The date on which such dependent attains 23 

years of age.’’. 

Time periods. 


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123 STAT. 2374 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 705. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS 

OF THE RETIRED RESERVE WHO ARE QUALIFIED FOR A 

NON-REGULAR RETIREMENT BUT ARE NOT YET AGE 60. 

(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 

is amended by inserting after section 1076d the following new 

section: 

‘‘§ 1076e. TRICARE program: TRICARE Standard coverage 

for certain members of the Retired Reserve who 

are qualified for a non-regular retirement but are 

not yet age 60 

‘‘(a) ELIGIBILITY.—(1) Except as provided in paragraph (2), a 

member of the Retired Reserve of a reserve component of the 

armed forces who is qualified for a non-regular retirement at age 

60 under chapter 1223 of this title, but is not age 60, is eligible 

for health benefits under TRICARE Standard as provided in this 

section. 

‘‘(2) Paragraph (1) does not apply to a member who is enrolled, 

or is eligible to enroll, in a health benefits plan under chapter 

89 of title 5. 

‘‘(b) TERMINATION OF ELIGIBILITY UPON OBTAINING OTHER

TRICARE STANDARD COVERAGE.—Eligibility for TRICARE 

Standard coverage of a member under this section shall terminate 

upon the member becoming eligible for TRICARE Standard coverage 

at age 60 under section 1086 of this title. 

‘‘(c) FAMILY MEMBERS.—While a member of a reserve component 

is covered by TRICARE Standard under this section, the members 

of the immediate family of such member are eligible for TRICARE 

Standard coverage as dependents of the member. If a member 

of a reserve component dies while in a period of coverage under 

this section, the eligibility of the members of the immediate family 

of such member for TRICARE Standard coverage under this section 

shall continue for the same period of time that would be provided 

under section 1086 of this title if the member had been eligible 

at the time of death for TRICARE Standard coverage under such 

section (instead of under this section). 

‘‘(d) PREMIUMS.—(1) A member of a reserve component covered 

by TRICARE Standard under this section shall pay a premium 

for that coverage. 

‘‘(2) The Secretary of Defense shall prescribe for the purposes 

of this section one premium for TRICARE Standard coverage of 

members without dependents and one premium for TRICARE 

Standard coverage of members with dependents referred to in subsection (f)(1). The premium prescribed for a coverage shall apply 

uniformly to all members of the reserve components covered under 

this section. 

‘‘(3) The monthly amount of the premium in effect for a month 

for TRICARE Standard coverage under this section shall be the 

amount equal to the cost of coverage that the Secretary determines 

on an appropriate actuarial basis. 

‘‘(4) The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums under this subsection. 

‘‘(5) Amounts collected as premiums under this subsection shall 

be credited to the appropriation available for the Defense Health 

Program Account under section 1100 of this title, shall be merged 

with sums in such Account that are available for the fiscal year 

Procedures. 

Applicability. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2375 

in which collected, and shall be available under subsection (b) 

of such section for such fiscal year. 

‘‘(e) REGULATIONS.—The Secretary of Defense, in consultation 

with the other administering Secretaries, shall prescribe regulations 

for the administration of this section. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘immediate family’, with respect to a member 

of a reserve component, means all of the member’s dependents 

described in subparagraphs (A), (D), and (I) of section 1072(2) 

of this title. 

‘‘(2) The term ‘TRICARE Standard’ means— 

‘‘(A) medical care to which a dependent described in 

section 1076(b)(1) of this title is entitled; and 

‘‘(B) health benefits contracted for under the authority 

of section 1086(a) of this title and subject to the same 

rates and conditions as apply to persons covered under 

that section.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1076d the following new item: 

‘‘1076e. TRICARE program: TRICARE Standard coverage for certain members of the 

Retired Reserve who are qualified for a non-regular retirement but are 

not yet age 60.’’. 

(c) EFFECTIVE DATE.—Section 1076e of title 10, United States 

Code, as inserted by subsection (a), shall apply to coverage for 

months beginning on or after October 1, 2009, or such earlier 

date as the Secretary of Defense may specify. 

SEC. 706. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENEFITS OF 

CERTAIN PERSONS OTHERWISE INELIGIBLE UNDER 

RETROACTIVE DETERMINATION OF ENTITLEMENT TO 

MEDICARE PART A HOSPITAL INSURANCE BENEFITS. 

Section 1086(d) of title 10, United States Code, is amended— 

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4)(A) If a person referred to in subsection (c) and described 

by paragraph (2)(B) is subject to a retroactive determination by 

the Social Security Administration of entitlement to hospital insurance benefits described in paragraph (1), the person shall, during 

the period described in subparagraph (B), be deemed for purposes 

of health benefits under this section— 

‘‘(i) not to have been covered by paragraph (1); and 

‘‘(ii) not to have been subject to the requirements of section 

1079(j)(1) of this title, whether through the operation of such 

section or subsection (g) of this section. 

‘‘(B) The period described in this subparagraph with respect 

to a person covered by subparagraph (A) is the period that— 

‘‘(i) begins on the date that eligibility of the person for 

hospital insurance benefits referred to in paragraph (1) is effective under the retroactive determination of eligibility with 

respect to the person as described in subparagraph (A); and 

‘‘(ii) ends on the date of the issuance of such retroactive 

determination of eligibility by the Social Security Administration.’’. 

10 USC 1076e 

note. 


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123 STAT. 2376 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS REGARDING 

OPTIONS FOR ENROLLMENT UNDER MEDICARE PART B. 

(a) IN GENERAL.—Chapter 55 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 1110a. Notification of certain individuals regarding 

options for enrollment under Medicare part B 

‘‘(a) IN GENERAL.—(1) As soon as practicable, the Secretary 

of Defense shall notify each individual described in subsection (b)— 

‘‘(A) that the individual is no longer eligible for health 

care benefits under the TRICARE program under this chapter; 

and 

‘‘(B) of options available for enrollment of the individual 

in the supplementary medical insurance program under part 

B of title XVIII of the Social Security Act (42 U.S.C. 1395j 

et seq.). 

‘‘(2) In carrying out this subsection, the Secretary of Defense 

shall— 

‘‘(A) establish procedures for identifying individuals 

described in subsection (b); and 

‘‘(B) consult with the Secretary of Health and Human Services to accurately identify and notify such individuals. 

‘‘(b) INDIVIDUALS DESCRIBED.—An individual described in this 

subsection is an individual who is— 

‘‘(1) a covered beneficiary; 

‘‘(2) entitled to benefits under part A of title XVIII of 

the Social Security Act (42 U.S.C. 1395c) under section 226(b) 

or section 226A of such Act (42 U.S.C. 426(b) and 426–1); 

and 

‘‘(3) eligible to enroll in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j 

et seq.).’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1110 the following new item: 

‘‘1110a. Notification of certain individuals regarding options for enrollment under 

Medicare part B.’’. 

SEC. 708. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE 

ARMED FORCES DEPLOYED IN CONNECTION WITH A 

CONTINGENCY OPERATION. 

(a) MENTAL HEALTH ASSESSMENTS.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

issue guidance for the provision of a person-to-person mental 

health assessment for each member of the Armed Forces who 

is deployed in connection with a contingency operation as follows: 

(A) At a time during the period beginning 60 days 

before the date of deployment in connection with the contingency operation. 

(B) At a time during the period beginning 90 days 

after the date of redeployment from the contingency operation and ending 180 days after the date of redeployment 

from the contingency operation. 

Deadline. 

Guidance. 

Time periods. 

10 USC 1074f 

note. 

Consultation. 

Procedures. 


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(C) Subject to subsection (d), not later than each of 

6 months, 12 months, and 24 months after return from 

deployment. 

(2) EXCLUSION OF CERTAIN MEMBERS.—A mental health 

assessment is not required for a member of the Armed Forces 

under subparagraphs (B) and (C) of paragraph (1) if the Secretary determines that the member was not subjected or 

exposed to operational risk factors during deployment in the 

contingency operation concerned. 

(b) PURPOSE.—The purpose of the mental health assessments 

provided pursuant to this section shall be to identify post-traumatic 

stress disorder, suicidal tendencies, and other behavioral health 

conditions identified among members of the Armed Forces described 

in subsection (a) in order to determine which such members are 

in need of additional care and treatment for such health conditions. 

(c) ELEMENTS.— (1) IN GENERAL.—The mental health assessments provided 

pursuant to this section shall— 

(A) be performed by personnel trained and certified 

to perform such assessments and may be performed by 

licensed mental health professionals if such professionals 

are available and the use of such professionals for the 

assessments would not impair the capacity of such professionals to perform higher priority tasks; 

(B) include a person-to-person dialogue between members of the Armed Forces described in subsection (a) and 

the professionals or personnel described by paragraph (1), 

as applicable, on such matters as the Secretary shall specify 

in order that the assessments achieve the purpose specified 

in subsection (b) for such assessments; 

(C) be conducted in a private setting to foster trust 

and openness in discussing sensitive health concerns; and 

(D) be provided in a consistent manner across the 

military departments. 

(2) TREATMENT OF CURRENT ASSESSMENTS.—The Secretary 

may treat periodic health assessments and other person-toperson assessments that are provided to members of the Armed 

Forces as of the date of the enactment of this Act as meeting 

the requirements for mental health assessments required under 

this section if the Secretary determines that such assessments 

and person-to-person assessments meet the requirements for 

mental health assessments established by this section. 

(d) CESSATION OF ASSESSMENTS.—No mental health assessment 

is required to be provided to an individual under subsection (a)(1)(C) 

after the individual’s discharge or release from the Armed Forces. 

(e) SHARING OF INFORMATION.— 

(1) IN GENERAL.—The Secretary of Defense shall share 

with the Secretary of Veterans Affairs such information on 

members of the Armed Forces that is derived from confidential 

mental health assessments, including mental health assessments provided pursuant to this section and health assessments 

and other person-to-person assessments provided before the 

date of the enactment of this Act, as the Secretary of Defense 

and the Secretary of Veterans Affairs jointly consider appropriate to ensure continuity of mental health care and treatment 

of members of the Armed Forces during their transition from 

health care and treatment provided by the Department of 

Deadline. 


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Defense to health care and treatment provided by the Department of Veterans Affairs. 

(2) PROTOCOLS.—Any sharing of information under paragraph (1) shall occur pursuant to a protocol jointly established 

by the Secretary of Defense and the Secretary of Veterans 

Affairs for purposes of this subsection. Any such protocol shall 

be consistent with the following: 

(A) Applicable provisions of the Wounded Warrior Act 

(title XVI of Public Law 110–181; 10 U.S.C. 1071 note), 

including in particular, section 1614 of that Act (122 Stat. 

443; 10 U.S.C. 1071 note). 

(B) Section 1720F of title 38, United States Code. 

(f) CONTINGENCY OPERATION DEFINED.—In this section, the 

term ‘‘contingency operation’’ has the meaning given that term 

in section 101(a)(13) of title 10, United States Code. 

(g) REPORTS.— 

(1) REPORT ON GUIDANCE.—Upon the issuance of the guidance required by subsection (a), the Secretary of Defense shall 

submit to Congress a report describing the guidance. 

(2) REPORTS ON IMPLEMENTATION OF GUIDANCE.— 

(A) INITIAL REPORT.—Not later than 270 days after 

the date of the issuance of the guidance, the Secretary 

shall submit to Congress an initial report on the 

implementation of the guidance by the military departments. 

(B) SUBSEQUENT REPORT.—Not later than two years 

after the date of the issuance of the guidance, the Secretary 

shall submit to Congress a report on the implementation 

of the guidance by the military departments. The report 

shall include an evidence-based assessment of the effectiveness of the mental health assessments provided pursuant 

to the guidance in achieving the purpose specified in subsection (b) for such assessments. 

SEC. 709. TEMPORARY TRICARE INPATIENT FEE MODIFICATION. 

Section 1086(b)(3) of title 10, United States Code, is amended 

by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 

2010’’. 

Subtitle B—Health Care Administration 

SEC. 711. COMPREHENSIVE POLICY ON PAIN MANAGEMENT BY THE 

MILITARY HEALTH CARE SYSTEM. 

(a) COMPREHENSIVE POLICY REQUIRED.—Not later than March 

31, 2011, the Secretary of Defense shall develop and implement 

a comprehensive policy on pain management by the military health 

care system. 

(b) SCOPE OF POLICY.—The policy required by subsection (a) 

shall cover each of the following: 

(1) The management of acute and chronic pain. 

(2) The standard of care for pain management to be used 

throughout the Department of Defense. 

(3) The consistent application of pain assessments throughout the Department of Defense. 

Deadline. 

10 USC 1071 

note. 


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(4) The assurance of prompt and appropriate pain care 

treatment and management by the Department when medically 

necessary. 

(5) Programs of research related to acute and chronic pain, 

including pain attributable to central and peripheral nervous 

system damage characteristic of injuries incurred in modern 

warfare, brain injuries, and chronic migraine headache. 

(6) Programs of pain care education and training for health 

care personnel of the Department. 

(7) Programs of patient education for members suffering 

from acute or chronic pain and their families. 

(c) UPDATES.—The Secretary shall revise the policy required 

by subsection (a) on a periodic basis in accordance with experience 

and evolving best practice guidelines. 

(d) ANNUAL REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the commencement of the implementation of the policy 

required by subsection (a), and on October 1 each year thereafter through 2018, the Secretary shall submit to the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives a report on the policy. 

(2) ELEMENTS.—Each report required by paragraph (1) 

shall include the following: 

(A) A description of the policy implemented under subsection (a), and any revisions to such policy under subsection (c). 

(B) A description of the performance measures used 

to determine the effectiveness of the policy in improving 

pain care for beneficiaries enrolled in the military health 

care system. 

(C) An assessment of the adequacy of Department pain 

management services based on a current survey of patients 

managed in Department clinics. 

(D) An assessment of the research projects of the 

Department relevant to the treatment of the types of acute 

and chronic pain suffered by members of the Armed Forces 

and their families. 

(E) An assessment of the training provided to Department health care personnel with respect to the diagnosis, 

treatment, and management of acute and chronic pain. 

(F) An assessment of the pain care education programs 

of the Department. 

(G) An assessment of the dissemination of information 

on pain management to beneficiaries enrolled in the military health care system. 

SEC. 712. ADMINISTRATION AND PRESCRIPTION OF PSYCHOTROPIC 

MEDICATIONS FOR MEMBERS OF THE ARMED FORCES 

BEFORE AND DURING DEPLOYMENT. 

(a) REPORT REQUIRED.—Not later than October 1, 2010, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the implementation of policy guidance dated 

November 7, 2006, regarding deployment-limiting psychiatric conditions and medications. 

(b) POLICY REQUIRED.—Not later than October 1, 2010, the 

Secretary shall establish and implement a policy for the use of 

Deadline. 

10 USC 1074f 

note. 


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psychotropic medications for deployed members of the Armed 

Forces. The policy shall, at a minimum, address the following: 

(1) The circumstances or diagnosed conditions for which 

such medications may be administered or prescribed. 

(2) The medical personnel who may administer or prescribe 

such medications. 

(3) The method in which the administration or prescription 

of such medications will be documented in the medical records 

of members of the Armed Forces. 

(4) The exam, treatment, or other care that is required 

following the administration or prescription of such medications. 

SEC. 713. COOPERATIVE HEALTH CARE AGREEMENTS BETWEEN MILITARY INSTALLATIONS AND NON-MILITARY HEALTH CARE 

SYSTEMS. 

(a) AUTHORITY.—The Secretary of Defense may establish 

cooperative health care agreements between military installations 

and local or regional health care systems. 

(b) REQUIREMENTS.—In establishing an agreement under subsection (a), the Secretary shall— 

(1) consult with— 

(A) the Secretary of the military department concerned; 

(B) representatives from the military installation 

selected for the agreement, including the TRICARE managed care support contractor with responsibility for such 

installation; and 

(C) Federal, State, and local government officials; 

(2) identify and analyze health care services available in 

the area in which the military installation is located, including 

such services available at a military medical treatment facility 

or in the private sector (or a combination thereof); 

(3) determine the cost avoidance or savings resulting from 

innovative partnerships between the Department of Defense 

and the private sector; and 

(4) determine the opportunities for and barriers to coordinating and leveraging the use of existing health care resources, 

including such resources of Federal, State, local, and private 

entities. 

(c) ANNUAL REPORTS.—Not later than December 31 of each 

year an agreement entered into under this section is in effect, 

the Secretary shall submit to the congressional defense committees 

a report on each such agreement. Each report shall include, at 

a minimum, the following: 

(1) A description of the agreement. 

(2) Any cost avoidance, savings, or increases as a result 

of the agreement. 

(3) A recommendation for continuing or ending the agreement. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as authorizing the provision of health care services at 

military medical treatment facilities or other facilities of the Department of Defense to individuals who are not otherwise entitled 

or eligible for such services under chapter 55 of title 10, United 

States Code. 

Determination. 

Determination. 

Consultation. 

10 USC 1073 

note. 


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SEC. 714. PLAN TO INCREASE THE MENTAL HEALTH CAPABILITIES 

OF THE DEPARTMENT OF DEFENSE. 

(a) INCREASED AUTHORIZATIONS.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of each military 

department shall increase the number of active duty mental health 

personnel authorized for the department under the jurisdiction 

of the Secretary in an amount equal to the sum of the following 

amounts: 

(1) The greater of— 

(A) the amount identified on personnel authorization 

documents as required but not authorized to be filled; 

or 

(B) the amount that is 25 percent of the amount identified on personnel authorization documents as authorized. 

(2) The amount required to fulfill the requirements of section 708, as determined by the Secretary concerned. 

(b) REPORT AND PLAN ON THE REQUIRED NUMBER OF MENTAL

HEALTH PERSONNEL.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the Secretary of Defense shall 

submit to the congressional defense committees a report on 

the appropriate number of mental health personnel required 

to meet the mental health care needs of members of the Armed 

Forces, retired members, and dependents. The report shall 

include, at a minimum, the following: 

(A) An evaluation of the recommendation titled 

‘‘Ensure an Adequate Supply of Uniformed Providers’’ made 

by the Department of Defense Task Force on Mental Health 

established by section 723 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109– 

163; 119 Stat. 3348). 

(B) The criteria and models used to determine the 

appropriate number of mental health personnel. 

(C) The plan under paragraph (2). 

(2) PLAN.—The Secretary shall develop and implement a 

plan to significantly increase the number of military and 

civilian mental health personnel of the Department of Defense 

by September 30, 2013. The plan may include the following: 

(A) The allocation of scholarships and financial assistance under the Health Professions Scholarship and Financial Assistance Program under subchapter I of chapter 

105 of title 10, United States Code, to students pursuing 

advanced degrees in clinical psychology and other mental 

health professions. 

(B) The offering of accession and retention bonuses 

for psychologists pursuant to section 620 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 122 Stat. 4489). 

(C) An expansion of the capacity for training doctorallevel clinical psychologists at the Uniformed Services 

University of the Health Sciences. 

(D) An expansion of the capacity of the Department 

of Defense for training masters-level clinical psychologists 

and social workers with expertise in deployment-related 

mental health disorders, such as post-traumatic stress disorder. 

Deadline. 

10 USC 1071 

note. 


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(E) The detail of commissioned officers of the Armed 

Forces to accredited schools of psychology for training 

leading to a doctoral degree in clinical psychology or social 

work. 

(F) The reassignment of military mental health personnel from administrative positions to clinical positions 

in support of military units. 

(G) The offering of civilian hiring incentives and 

bonuses and the use of direct hiring authority to increase 

the number of mental health personnel of the Department 

of Defense. 

(H) Such other mechanisms to increase the number 

of mental health personnel of the Department of Defense 

as the Secretary considers appropriate. 

(c) REPORT ON ADDITIONAL OFFICER OR ENLISTED MILITARY

SPECIALTIES FOR MENTAL HEALTH.— 

(1) REPORT.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary shall submit to the 

congressional defense committees a report setting forth the 

assessment of the Secretary of the feasability and advisability 

of establishing one or more military mental health specialities 

for officers or enlisted members of the Armed Forces in order 

to better meet the mental health care needs of members of 

the Armed Forces and their families. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

set forth the following: 

(A) A recommendation as to the feasability and advisability of establishing one or more military mental health 

specialities for officers or enlisted members of the Armed 

Forces. 

(B) For each military specialty recommended to be 

established under subparagraph (A)— 

(i) a description of the qualifications required for 

such speciality, which shall reflect lessons learned from 

best practices in academia and the civilian health care 

industry regarding positions analogous to such specialty; and 

(ii) a description of the incentives or other mechanisms, if any, that would be advisable to facilitate 

recruitment and retention of individuals to and in such 

specialty. 

SEC. 715. DEPARTMENT OF DEFENSE STUDY ON MANAGEMENT OF 

MEDICATIONS FOR PHYSICALLY AND PSYCHOLOGICALLY 

WOUNDED MEMBERS OF THE ARMED FORCES. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a study on the management of medications for physically and 

psychologically wounded members of the Armed Forces. 

(b) ELEMENTS.—The study required under subsection (a) shall 

include the following: 

(1) A review and assessment of current practices within 

the Department of Defense for the management of medications 

for physically and psychologically wounded members of the 

Armed Forces. 

(2) A review and analysis of the published literature on 

the risks associated with the administration of medications, 


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including accidental and intentional overdoses, under and over 

medication, and adverse interactions among medications. 

(3) An identification of the medical conditions, and of the 

patient management procedures of the Department of Defense, 

that may increase the risks associated with the administration 

of medications in populations of members of the Armed Forces. 

(4) An assessment of current and best practices in the 

Armed Forces, other departments and agencies of the Federal 

Government, and the private sector concerning the prescription, 

distribution, and management of medications, and the associated coordination of care. 

(5) An identification of means for decreasing the risks 

associated with the administration of medications and associated problems with respect to physically and psychologically 

wounded members of the Armed Forces. 

(c) REPORT.—Not later than April 1, 2010, the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report on the study 

required under subsection (a). The report shall include such findings 

and recommendations as the Secretary considers appropriate in 

light of the study. 

SEC. 716. LIMITATION ON OBLIGATION OF FUNDS UNDER DEFENSE 

HEALTH PROGRAM INFORMATION TECHNOLOGY PROGRAMS. 

(a) LIMITATION.—Of each amount described in subsection (c), 

not more than 50 percent of the amount remaining unobligated 

as of the date of the enactment of this Act may be obligated 

until 30 days after the Deputy Secretary of Defense, acting in 

the capacity of Chief Management Officer of the Department of 

Defense pursuant to section 132 of title 10, United States Code, 

submits to the congressional defense committees a report in accordance with subsection (b). 

(b) REPORT.—The report required under subsection (a) shall 

be on improvements to the governance and execution of health 

information management and information technology programs 

planned and programmed to electronically support clinical medical 

care within the military health system. Such report shall include 

each of the following: 

(1) An assessment of the capability of the enterprise 

architecture to achieve optimal clinical practices and health 

care outcomes. 

(2) For each health information management and information technology program covered by the report, an identification 

and assessment of the risks associated with achieving the 

timelines and goals of the program. 

(3) A plan of action to mitigate the risks identified under 

paragraph (2). 

(4) An assessment of the appropriateness of the health 

information management and information technology technical 

architecture and whether that architecture leverages the current best practices of industry, including the ability to meet 

the interoperability standards required by section 1635 of the 

Wounded Warrior Act (title XVI of Public Law 110–181; 10 

U.S.C. 1071 note), as amended by section 252 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 

for 2009 (Public Law 110-417; 122 Stat. 4400). 

Deadline. 


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(5) An assessment, in coordination with the Secretary of 

Veterans Affairs, of— 

(A) the capability of the Department of Defense of 

meeting the requirements for joint interoperability with 

the Department of Veterans Affairs, as required by such 

section 1635; and 

(B) the progress the Secretary of Defense and the Secretary of Veterans Affairs have made on the establishment 

of a joint virtual lifetime electronic record for members 

of the Armed Forces. 

(6) A plan to take corrective actions that are necessary 

to remedy shortfalls identified as a result of the assessments 

under this subsection. 

(7) An assessment of the estimated resources required in 

future years to achieve optimal information technology support 

for health care clinical practice and quality and compliance 

with the requirements of such section 1635. 

(8) An analysis of the methods by which the Office of 

the Assistant Secretary of Defense for Health Affairs procures 

health information management and information technology 

goods and services, and of the appropriateness of the application 

of legal and acquisition authorities. 

(9) An analysis of the capabilities of the Office of the 

Assistant Secretary of Defense for Health Affairs to carry out 

necessary governance, management, and development functions 

of health information management and information technology 

systems, including— 

(A) the recommendations of the Assistant Secretary 

for improvements to the Office or alternative organizational 

structures for the Office; and 

(B) alternative organizations within the Department 

of Defense with equal or greater management capabilities 

for health information management and information technology. 

(10) A recommendation as to whether health information 

management and information technology systems of the Department of Defense should be included in and subject to the 

requirements of section 2222 of title 10, United States Code. 

(c) COVERED AUTHORIZATIONS OR APPROPRIATIONS.—Amounts 

described in this section are the following amounts authorized to 

be appropriated for the Department of Defense for fiscal year 2010: 

(1) Of the amounts authorized to be appropriated for operation and maintenance for the Defense Health Program (DHP 

IM/IT Support Program), $116,200,000. 

(2) Of the amounts authorized to be appropriated for 

procurement for the Defense Health Program, $144,600,000. 

(3) Of the amounts authorized to be appropriated for 

information technology development (program element 65013), 

$124,400,000. 

(d) COMPTROLLER GENERAL REVIEW.—Not later than 30 days 

after the Deputy Secretary submits the report required under subsection (a), the Comptroller General of the United States shall 

submit to the congressional defense committees the results of an 

assessment carried out by the Comptroller General of the report 

and plan of action to achieve Department goals and mitigate risk 

in the management and execution of health information management and information technology programs. 

Deadline. 

Assessment. 


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Subtitle C—Other Matters 

SEC. 721. STUDY AND PLAN TO IMPROVE MILITARY HEALTH CARE. 

(a) STUDY AND REPORT REQUIRED.—Not later than one year 

after the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report on 

the health care needs of dependents (as defined in section 1072(2) 

of title 10, United States Code). The report shall include, at a 

minimum, the following: 

(1) With respect to both the direct care system and the 

purchased care system, an analysis of the type of health care 

facility in which dependents seek care. 

(2) The 10 most common medical conditions for which 

dependents seek care. 

(3) The availability of and access to health care providers 

to treat the conditions identified under paragraph (2), both 

in the direct care system and the purchased care system. 

(4) Any shortfalls in the ability of dependents to obtain 

required health care services. 

(5) Recommendations on how to improve access to care 

for dependents. 

(6) With respect to dependents accompanying a member 

stationed at a military installation outside of the United States, 

the need for and availability of mental health care services. 

(b) ENHANCED MILITARY HEALTH SYSTEM AND IMPROVED

TRICARE.— 

(1) IN GENERAL.—The Secretary of Defense, in consultation 

with the other administering Secretaries, shall undertake 

actions to enhance the capability of the military health system 

and improve the TRICARE program. 

(2) ELEMENTS.—In undertaking actions to enhance the 

capability of the military health system and improve the 

TRICARE program under paragraph (1), the Secretary shall 

consider the following actions: 

(A) Actions to guarantee the availability of care within 

established access standards for eligible beneficiaries, based 

on the results of the study required by subsection (a). 

(B) Actions to expand and enhance sharing of health 

care resources among Federal health care programs, 

including designated providers (as that term is defined 

in section 721(5) of the National Defense Authorization 

Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 

2593; 10 U.S.C. 1073 note)). 

(C) Actions using medical technology to speed and simplify referrals for specialty care. 

(D) Actions to improve regional or national staffing 

capabilities in order to enhance support provided to military medical treatment facilities facing staff shortages. 

(E) Actions to improve health care access for members 

of the reserve components and their families, including 

such access with respect to mental health care and consideration of access issues for members and their families 

located in rural areas. 

(F) Actions to ensure consistency throughout the 

TRICARE program to comply with access standards, which 

10 USC 1071 

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are applicable to both commanders of military treatment 

facilities and managed care support contractors. 

(G) Actions to create new budgeting and resource 

allocation methodologies to fully support and incentivize 

care provided by military treatment facilities. 

(H) Actions regarding additional financing options for 

health care provided by civilian providers. 

(I) Actions to reduce administrative costs. 

(J) Actions to control the cost of health care and 

pharmaceuticals. 

(K) Actions to audit the Defense Enrollment Eligibility 

Reporting System to improve system checks on the eligibility of TRICARE beneficiaries. 

(L) Actions, including a comprehensive plan, for the 

enhanced availability of prevention and wellness care. 

(M) Actions using technology to improve direct communication with beneficiaries regarding health and preventive 

care. 

(N) Actions to create performance metrics by which 

to measure improvement in the TRICARE program. 

(O) Such other actions as the Secretary, in consultation 

with the other administering Secretaries, considers appropriate. 

(c) QUALITY ASSURANCE.—In undertaking actions under this 

section, the Secretary of Defense and the other administering Secretaries shall continue or enhance the current level of quality health 

care provided by the Department of Defense and the military 

departments with no adverse impact to cost, access, or care. 

(d) CONSULTATION.—In considering actions to be undertaken 

under this section, and in undertaking such actions, the Secretary 

shall consult with a broad range of national health care and military 

advocacy organizations. 

(e) REPORTS REQUIRED.— 

(1) INITIAL REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary shall submit 

to the congressional defense committees an initial report on 

the progress made in undertaking actions under this section 

and future plans for improvement of the military health system. 

(2) REPORT REQUIRED WITH FISCAL YEAR 2012 BUDGET PROPOSAL.—Together with the budget justification materials submitted to Congress in support of the Department of Defense 

budget for fiscal year 2012 (as submitted with the budget 

of the President under section 1105(a) of title 31, United States 

Code), the Secretary shall submit to the congressional defense 

committees a report setting forth the following: 

(A) Updates on the progress made in undertaking 

actions under this section. 

(B) Future plans for improvement of the military 

health system. 

(C) An explanation of how the budget submission may 

reflect such progress and plans. 

(3) PERIODIC REPORTS.—The Secretary shall, on a periodic 

basis, submit to the congressional defense committees a report 

on the progress being made in the improvement of the 

TRICARE program under this section. 

(4) ELEMENTS.—Each report under this subsection shall 

include the following: 


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(A) A description and assessment of the progress made 

as of the date of such report in the improvement of the 

TRICARE program. 

(B) Such recommendations for administrative or legislative action as the Secretary considers appropriate to expedite and enhance the improvement of the TRICARE program. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘administering Secretaries’’ has the meaning 

given that term in section 1072(3) of title 10, United States 

Code. 

(2) The term ‘‘TRICARE program’’ has the meaning given 

that term in section 1072(7) of title 10, United States Code. 

SEC. 722. STUDY, PLAN, AND PILOT FOR THE MENTAL HEALTH CARE 

NEEDS OF DEPENDENT CHILDREN OF MEMBERS OF THE 

ARMED FORCES. 

(a) REPORT AND PLAN ON THE MENTAL HEALTH CARE AND

COUNSELING SERVICES AVAILABLE TO MILITARY CHILDREN.— 

(1) IN GENERAL.—The Secretary of Defense shall conduct 

a comprehensive review of the mental health care and counseling services available to dependent children of members 

of the Armed Forces through the Department of Defense. 

(2) ELEMENTS.—The review under paragraph (1) shall 

include an assessment of the following: 

(A) The availability, quality, and effectiveness of 

Department of Defense programs intended to meet the 

mental health care needs of military children. 

(B) The availability, quality, and effectiveness of 

Department of Defense programs intended to promote resiliency in military children in coping with deployment cycles, 

injury, or death of military parents. 

(C) The extent of access to, adequacy, and availability 

of mental health care and counseling services for military 

children in military medical treatment facilities, in family 

assistance centers, through Military OneSource, under the 

TRICARE program, and in Department of Defense Education Activity schools. 

(D) Whether the status of a member of the Armed 

Forces on active duty, or in reserve active status, affects 

the access of a military child to mental health care and 

counseling services. 

(E) Whether, and to what extent, waiting lists, 

geographic distance, and other factors may obstruct the 

receipt by military children of mental health care and 

counseling services. 

(F) The extent of access to, availability, and viability 

of specialized mental health care for military children 

(including adolescents). 

(G) The extent of any gaps in the current capabilities 

of the Department of Defense to provide preventive mental 

health services for military children. 

(H) Such other matters as the Secretary considers 

appropriate. 

(3) REPORT.—Not later than one year after the date of 

the enactment of this Act, the Secretary shall submit to the 

Committees on Armed Services of the Senate and the House 

Review. 

10 USC 1077 

note. 


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123 STAT. 2388 PUBLIC LAW 111–84—OCT. 28, 2009 

of Representatives a report on the review conducted under 

paragraph (1), including the findings and recommendations 

of the Secretary as a result of the review. 

(b) COMPREHENSIVE PLAN FOR IMPROVEMENTS IN ACCESS TO

CARE AND COUNSELING.—The Secretary shall develop and implement a comprehensive plan for improvements in access to quality 

mental health care and counseling services for military children 

in order to develop and promote psychological health and resilience 

in children of deploying and deployed members of the Armed Forces. 

The information in the report required by subsection (a) shall 

provide the basis for the development of the plan. 

(c) PILOT PROGRAM.— 

(1) ELEMENTS.—The Secretary of the Army shall carry 

out a pilot program on the mental health care needs of military 

children and adolescents. In carrying out the pilot program, 

the Secretary shall establish a center to— 

(A) develop teams to train primary care managers in 

mental health evaluations and treatment of common psychiatric disorders affecting children and adolescents; 

(B) develop strategies to reduce barriers to accessing 

behavioral health services and encourage better use of the 

programs and services by children and adolescents; and 

(C) expand the evaluation of mental health care using 

common indicators, including— 

(i) psychiatric hospitalization rates; 

(ii) non-psychiatric hospitalization rates; and 

(iii) mental health relative value units. 

(2) REPORTS.— 

(A) Not later than 90 days after establishing the pilot 

program, the Secretary of the Army shall submit to the 

congressional defense committees a report describing the— 

(i) structure and mission of the program; and 

(ii) the resources allocated to the program. 

(B) Not later than September 30, 2012, the Secretary 

of the Army shall submit to the congressional defense 

committees a report that addresses the elements described 

under paragraph (1). 

SEC. 723. CLINICAL TRIAL ON COGNITIVE REHABILITATIVE THERAPY 

FOR MEMBERS AND FORMER MEMBERS OF THE ARMED 

FORCES. 

(a) CLINICAL TRIAL REQUIRED.—The Secretary of Defense shall 

provide for a clinical trial to assess the efficacy of cognitive rehabilitative therapy for members or former members of the Armed Forces 

described in subsection (b). 

(b) COVERED MEMBERS AND FORMER MEMBERS.—A member 

or former member of the Armed Forces described in this subsection 

is a member or former member of the Armed Forces who— 

(1) has been diagnosed with a traumatic brain injury (TBI) 

incurred in the line of duty in Operation Iraqi Freedom or 

Operation Enduring Freedom; and 

(2) is referred by a qualified physician, as determined by 

the Secretary, for cognitive rehabilitative therapy. 

(c) FUNDING.— 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2389 

(1) IN GENERAL.—The trial required by subsection (a) shall 

be funded as a medical research project using amounts authorized to be appropriated for Defense Health Program for research 

and development. 

(2) PROHIBITION ON USE OF CERTAIN FUNDS.—Amounts in 

the Department of Defense Medicare-Eligible Retiree Health 

Care Fund under chapter 56 of title 10, United States Code, 

may not be used to carry out the provisions of this section. 

(d) REPORTS.— (1) REPORT ON PLAN AND DESIGN FOR TRIAL.—Not later 

than 180 days after the date of the enactment of this Act, 

the Secretary of Defense shall submit to the congressional 

defense committees a report setting forth a plan for the conduct 

of the trial required by subsection (a), including a description 

of the proposed design of the trial. 

(2) FINAL REPORT.—Not later than one year after the 

completion of the trial required by subsection (a), the Secretary 

shall submit to the congressional defense committees a report 

setting forth, at a minimum, the following: 

(A) An assessment of the efficacy of cognitive rehabilitative therapy in treating traumatic brain injury in members and former members of the Armed Forces described 

in subsection (b). 

(B) Such recommendations as the Secretary considers 

appropriate on means to provide increased access to safe, 

effective, and quality cognitive rehabilitative therapy services for such members and former members, including recommendations regarding the following: 

(i) Procedures for access of such members and 

former members to cognitive rehabilitative therapy 

services, including appropriate treatment plans and 

outcome measures. 

(ii) Qualifications and supervisory requirements for 

licensed and certified health care professionals in the 

provision of such services to such members and former 

members. 

(iii) A methodology for reimbursing providers of 

such services in the provision of such services to such 

members and former members. 

(C) The recommendation of the Secretary as to the 

advisability of including cognitive rehabilitative therapy 

as a benefit under the TRICARE program. 

SEC. 724. DEPARTMENT OF DEFENSE TASK FORCE ON THE CARE, 

MANAGEMENT, AND TRANSITION OF RECOVERING 

WOUNDED, ILL, AND INJURED MEMBERS OF THE ARMED 

FORCES. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—The Secretary of Defense shall establish 

within the Department of Defense a task force to be known 

as the ‘‘Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured 

Members of the Armed Forces’’ (in this section referred to 

as the ‘‘Task Force’’). 

(2) PURPOSE.—The purpose of the Task Force shall be 

to assess the effectiveness of the policies and programs developed and implemented by the Department of Defense, and 


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123 STAT. 2390 PUBLIC LAW 111–84—OCT. 28, 2009 

by each of the military departments, to assist and support 

the care, management, and transition of recovering wounded, 

ill, and injured members of the Armed Forces, and to make 

recommendations for the continuous improvement of such policies and programs. 

(3) RELATION TO SENIOR OVERSIGHT COMMITTEE.—The Secretary shall ensure that the Task Force is independent of 

the Senior Oversight Committee (as defined in section 726(c) 

of the Duncan Hunter National Defense Authorization Act for 

Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4509)). 

(b) COMPOSITION.— 

(1) MEMBERS.—The Task Force shall consist of not more 

than 14 members, appointed by the Secretary of Defense from 

among the individuals as described in paragraph (2). 

(2) COVERED INDIVIDUALS.—The individuals appointed to 

the Task Force shall include the following: 

(A) At least one member of each of the regular components of the Army, the Navy, the Air Force, and the Marine 

Corps. 

(B) One member of the National Guard. 

(C) One member of a reserve component of the Armed 

Forces other than National Guard. 

(D) A number of persons from outside the Department 

of Defense equal to the total number of personnel from 

within the Department of Defense (whether members of 

the Armed Forces or civilian personnel) who are appointed 

to the Task Force. 

(E) Persons who have experience in— 

(i) medical care and coordination for wounded, ill, 

and injured members of the Armed Forces; 

(ii) medical case management; 

(iii) non-medical case management; 

(iv) the disability evaluation process for members 

of the Armed Forces; 

(v) veterans benefits; 

(vi) treatment of traumatic brain injury and posttraumatic stress disorder; 

(vii) family support; 

(viii) medical research; 

(ix) vocational rehabilitation; or 

(x) disability benefits. 

(F) At least one family member of a wounded, ill, 

or injured member of the Armed Forces or veteran who 

has experience working with wounded, ill, and injured 

members of the Armed Forces or their families. 

(3) INDIVIDUALS APPOINTED FROM WITHIN DEPARTMENT OF

DEFENSE.—At least one of the individuals appointed to the 

Task Force from within the Department of Defense shall be 

the surgeon general of an Armed Force. 

(4) INDIVIDUALS APPOINTED FROM OUTSIDE DEPARTMENT OF

DEFENSE.—The individuals appointed to the Task Force from 

outside the Department of Defense— 

(A) with the concurrence of the Secretary of Veterans 

Affairs, shall include an officer or employee of the Department of Veterans Affairs; and 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2391 

(B) may include individuals from other departments 

or agencies of the Federal Government, from State and 

local agencies, or from the private sector. 

(5) DEADLINE FOR APPOINTMENTS.—All original appointments to the Task Force shall be made not later than 120 

days after the date of the enactment of this Act. 

(6) CO-CHAIRS.—There shall be two co-chairs of the Task 

Force. One of the co-chairs shall be designated by the Secretary 

of Defense at the time of appointment from among the individuals appointed to the Task Force from within the Department 

of Defense. The other co-chair shall be selected from among 

the individuals appointed from outside the Department of 

Defense by those individuals. 

(c) ANNUAL REPORT.— 

(1) IN GENERAL.—Not later than 12 months after the date 

on which all members of the Task Force have been appointed, 

and each year thereafter for the life of the Task Force, the 

Task Force shall submit to the Secretary of Defense a report 

on the activities of the Task Force and the activities of the 

Department of Defense and the military departments to assist 

and support the care, management, and transition of recovering 

wounded, ill, and injured members of the Armed Forces. The 

report shall include the following: 

(A) The findings and conclusions of the Task Force 

as a result of its assessment of the effectiveness of the 

policies and programs developed and implemented by the 

Department of Defense, and by each of the military departments, to assist and support the care, management, and 

transition of recovering wounded, ill, and injured members 

of the Armed Forces. 

(B) A description of best practices and various ways 

in which the Department of Defense and the military 

departments could more effectively address matters 

relating to the care, management, and transition of recovering wounded, ill, and injured members of the Armed 

Forces, including members of the regular components, and 

members of the reserve components, and support for their 

families. 

(C) A plan for the activities of the Task Force in 

the year following the year covered by the report. 

(D) Such recommendations for other legislative or 

administrative action as the Task Force considers appropriate for measures to improve the policies and programs 

described in subparagraph (A). 

(2) METHODOLOGY.—For purposes of the reports, the Task 

Force— 

(A) shall conduct site visits and interviews as the Task 

Force considers appropriate; 

(B) may consider the findings and recommendations 

of previous reviews and evaluations of the care, management, and transition of recovering wounded, ill, and injured 

members of the Armed Forces; and 

(C) may use such other means for directly obtaining 

information relating to the care, management, and transition of recovering wounded, ill, and injured members of 

the Armed Forces as the Task Force considers appropriate. 


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123 STAT. 2392 PUBLIC LAW 111–84—OCT. 28, 2009 

(3) MATTERS TO BE REVIEWED AND ASSESSED.—For purposes 

of the reports, the Task Force shall review and assess the 

following: 

(A) Case management, including the numbers and 

types of medical and non-medical case managers (including 

Federal Recovery Coordinators, Recovery Care Coordinators, National Guard or Reserve case managers, and other 

case managers) assigned to recovering wounded, ill, and 

injured members of the Armed Forces, the training provided such case mangers, and the effectiveness of such 

case mangers in providing care and support to recovering 

wounded, ill, and injured members of the Armed Forces. 

(B) Staffing of Army Warrior Transition Units, Marine 

Corps Wounded Warrior Regiments, Navy and Air Force 

Medical Hold or Medical Holdover Units, and other servicerelated programs or units for recovering wounded, ill, and 

injured members of the Armed Forces, including the use 

of applicable hiring authorities to ensure the proper staffing 

of such programs and units. 

(C) The establishment and effectiveness of performance 

and accountability standards for warrior transition units 

and programs. 

(D) The availability of services for traumatic brain 

injury and post traumatic stress disorder. 

(E) The establishment and effectiveness of the Defense 

Centers of Excellence for Psychological Health and Traumatic Brain Injury, and the centers of excellence for military eye injuries, hearing loss and auditory system injuries, 

and traumatic extremity injuries and amputations. 

(F) The effectiveness of the Interagency Program Office 

in achieving fully interoperable electronic health records 

by September 30, 2009, in accordance with section 1635 

of the Wounded Warrior Act (title XVI of Public Law 110– 

181; 122 Stat. 460; 10 U.S.C. 1071 note). 

(G) The effectiveness of wounded warrior information 

resources, including the Wounded Warrior Resource Center, 

the National Resource Directory, Military OneSource, 

Family Assistance Centers, and Service hotlines, in providing meaningful information for recovering wounded, ill, 

and injured members of the Armed Forces. 

(H) The support available to family caregivers of recovering wounded, ill, and injured members of the Armed 

Forces. 

(I) The legal support available to recovering wounded, 

ill, and injured members of the Armed Forces and their 

families. 

(J) The availability of vocational training for recovering 

wounded, ill, and injured members of the Armed Forces 

seeking to transition to civilian life. 

(K) The effectiveness of any measures under pilot programs to improve or enhance the military disability evaluation system. 

(L) The support and assistance provided to recovering 

wounded, ill, and injured members of the Armed Forces 

as they progress through the military disability evaluation 

system. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2393 

(M) The support systems in place to ease the transition 

of recovering wounded, ill, and injured members of the 

Armed Forces from the Department of Defense to the 

Department of Veterans Affairs. 

(N) Interagency matters affecting recovering wounded, 

ill, and injured members of the Armed Forces in their 

transition to civilian life. 

(O) The effectiveness of the Senior Oversight Committee in facilitating and overseeing collaboration between 

the Department of Defense and the Department of Veterans 

Affairs on matters relating to the care, management, and 

transition of recovering wounded, ill, and injured members 

of the Armed Forces. 

(P) Overall coordination between the Department of 

Defense and the Department of Veterans Affairs on the 

matters specified in this paragraph. 

(Q) Such other matters as the Task Force considers 

appropriate in connection with the care, management, and 

transition of recovering wounded, ill, and injured members 

of the Armed Forces. 

(4) TRANSMITTAL.—Not later than 90 days after receipt 

of a report required by paragraph (1), the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives the report and the Secretary’s 

evaluation of the report. 

(d) PLAN REQUIRED.—Not later than six months after the 

receipt of a report under subsection (c), the Secretary of Defense 

shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate 

and the House of Representatives a plan to implement the recommendations of the Task Force included in the report. 

(e) ADMINISTRATIVE MATTERS.— 

(1) COMPENSATION.—Each member of the Task Force who 

is a member of the Armed Forces or a civilian officer or 

employee of the United States shall serve on the Task Force 

without compensation (other than compensation to which entitled as a member of the Armed Forces or an officer or employee 

of the United States, as the case may be). Other members 

of the Task Force shall be appointed in accordance with, and 

subject to, the provisions of section 3161 of title 5, United 

States Code. 

(2) OVERSIGHT.—The Under Secretary of Defense for Personnel and Readiness shall oversee the Task Force. The Washington Headquarters Services of the Department of Defense 

shall provide the Task Force with personnel, facilities, and 

other administrative support as necessary for the performance 

of the duties of the Task Force. 

(3) VISITS TO MILITARY FACILITIES.—Any visit by the Task 

Force to a military installation or facility shall be undertaken 

through the Deputy Under Secretary of Defense for Personnel 

and Readiness, in coordination with the Secretaries of the military departments. 

(f) TERMINATION.—The Task Force shall terminate on the date 

that is five years after the date of the enactment of this Act. 

Deadline. 


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123 STAT. 2394 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 725. CHIROPRACTIC CLINICAL TRIALS. 

(a) CLINICAL TRIALS REQUIRED.—The Secretary of Defense shall 

provide for the clinical trials described under subsection (b) to 

be conducted by the National Institutes of Health or an independent 

academic institution as the Secretary shall select for the purposes 

of conducting each trial. 

(b) CLINICAL TRIALS DESCRIBED.— 

(1) CONTROLLED TRIALS.—The clinical trials required by 

subsection (a) shall include controlled trials that, at a minimum, 

compare the outcomes of chiropractic treatment, used either 

exclusively or as an adjunct to other treatments, with conventional treatment on the following topics: 

(A) Pain management. 

(B) Orthopedic injuries or disorders that do not require 

surgery. 

(C) Smoking cessation. 

(2) INTERVENTIONAL TRIALS.—The clinical trials required 

by subsection (a) shall include interventional trials that, at 

a minimum, cover the following topics: 

(A) The effect of chiropractic treatment on the reflexes 

and reaction times of special operation forces. 

(B) The effect of chiropractic treatment on strength, 

balance, and injury prevention for members of the Armed 

Forces with combat specialties operating in a combat theater. 

(c) SCHEDULE.— 

(1) FIRST TRIAL.—The first clinical trial required by subsection (a) shall begin not later than one year after the date 

of the enactment of this Act. 

(2) FINAL TRIAL.—The final clinical trial required by subsection (a) shall begin not later than two years after the date 

of the enactment of this Act. 

(d) TRIAL PARTICIPANTS.—A participant of a clinical trial 

required by subsection (a) shall be a member of the Armed Forces 

on active duty. 

(e) CHIROPRACTIC PROVIDERS.—Chiropractic treatment provided 

during a clinical trial required by subsection (a) shall be provided 

by a doctor of chiropractic who is licensed as a doctor of chiropractic, 

chiropractic physician, or chiropractor by a State, the District of 

Columbia, or a territory or possession of the United States, subject 

to credentialing requirements prescribed by the Secretary. 

(f) REPORTS.— 

(1) TRIAL PROTOCOL REPORTS.—Not later than 30 days 

before each clinical trial required by subsection (a) is scheduled 

to begin, the Secretary shall submit to the congressional defense 

committees a report on the protocol of such clinical trial. 

(2) FINAL REPORTS.—Not later than one year after the 

completion of each clinical trial required by subsection (a), 

the Secretary shall submit to the congressional defense committees a report on such clinical trial, including any recommendations regarding chiropractic treatment for covered beneficiaries 

(as such term is defined in section 1072(5) of title 10, United 

States Code). 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2395 

SEC. 726. INDEPENDENT STUDY ON POST-TRAUMATIC STRESS DISORDER EFFORTS. 

(a) STUDY REQUIRED.—The Secretary of Defense, in consultation 

with the Secretary of Veterans Affairs, shall provide for a study 

on the treatment of post-traumatic stress disorder to be conducted 

by the Institute of Medicine of the National Academy of Sciences 

or such other independent entity as the Secretary shall select for 

purposes of the study. 

(b) ELEMENTS.—The study required by subsection (a) shall 

include the following: 

(1) A list of each operative program and method available 

for the prevention, screening, diagnosis, treatment, or 

rehabilitation of post-traumatic stress disorder, including— 

(A) the rates of success for each such program or 

method (including an operational definition of the term 

‘‘success’’ and a discussion of the process used to quantify 

such rates); 

(B) based on the incidence of actual diagnoses, an 

estimate of the number of members of the Armed Forces 

and veterans diagnosed by the Department of Defense or 

the Department of Veterans Affairs as having post-traumatic stress disorder and the number of such veterans 

who have been successfully treated; and 

(C) any collaborative efforts between the Department 

of Defense and the Department of Veterans Affairs to prevent, screen, diagnose, treat, or rehabilitate post-traumatic 

stress disorder. 

(2) The status of studies and clinical trials involving innovative treatments of post-traumatic stress disorder that are conducted by the Department of Defense, the Department of Veterans Affairs, or the private sector, including— 

(A) efforts to identify physiological markers of posttraumatic stress disorder; 

(B) with respect to efforts to determine causation of 

post-traumatic stress disorder, brain imaging studies and 

the correlation between brain region physiology and posttraumatic stress disorder diagnoses and the results 

(including any interim results) of such efforts; 

(C) the effectiveness of alternative therapies in the 

treatment of post-traumatic stress disorder, including the 

therapeutic use of animals; 

(D) the effectiveness of administering pharmaceutical 

agents before, during, or after a traumatic event in the 

prevention and treatment of post-traumatic stress disorder; 

and 

(E) identification of areas in which the Department 

of Defense and the Department of Veterans Affairs may 

be duplicating studies, programs, or research with respect 

to post-traumatic stress disorder. 

(3) A description of each treatment program for post-traumatic stress disorder, including a comparison of the methods 

of treatment by each program, at the following locations: 

(A) Fort Hood, Texas. 

(B) Fort Bliss, Texas. 

(C) Fort Campbell, Tennessee. 

(D) Other locations the entity conducting the study 

considers appropriate. 


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123 STAT. 2396 PUBLIC LAW 111–84—OCT. 28, 2009 

(4) The respective current and projected future annual 

expenditures by the Department of Defense and the Department of Veterans Affairs for the treatment and rehabilitation 

of post-traumatic stress disorder. 

(5) A description of gender-specific and racial and ethnic 

group-specific mental health treatment and services available 

for members of the Armed Forces, including— 

(A) the availability of such treatment and services; 

(B) the access to such treatment and services; 

(C) the need for such treatment and services; and 

(D) the efficacy and adequacy of such treatment and 

services. 

(6) A description of areas for expanded future research 

with respect to post-traumatic stress disorder. 

(7) Any other matters the Secretary of Defense and Secretary of Veterans Affairs consider relevant with respect to 

the purposes of obtaining a comprehensive scientific assessment 

of— 

(A) the incidence of post-traumatic stress disorder 

among members of the Armed Forces and veterans; 

(B) the availability and effectiveness of various treatment programs and methods available for post-traumatic 

stress disorder; 

(C) the current and future projected costs of such treatment programs and methods; or 

(D) additional areas of needed research. 

(8) Any other matters the entity conducting the study considers relevant. 

(c) REPORTS.— 

(1) INITIAL REPORT.—Not later than July 1, 2012, the entity 

conducting the study required by subsection (a) shall submit 

to the Secretary of Defense, the Secretary of Veterans Affairs, 

and the appropriate committees a report on the study. 

(2) RESPONSE.—Not later than January 1, 2013, the Secretary of Defense and the Secretary of Veterans Affairs shall 

each submit to the appropriate committees a response to the 

report submitted under paragraph (1), including any recommendations on the treatment of post-traumatic stress disorder based on such report. 

(d) UPDATED REPORTS REQUIRED.— 

(1) UPDATED REPORT.—Not later than July 1, 2014, the 

entity conducting the study required by subsection (a) shall 

submit to the Secretary of Defense, the Secretary of Veterans 

Affairs, and the appropriate committees an update of the report 

required by subsection (c). 

(2) UPDATED RESPONSE.—Not later than January 1, 2015, 

the Secretary of Defense and the Secretary of Veterans Affairs 

shall each submit to the appropriate committees a response 

to the updated report submitted under paragraph (1), including 

any recommendations on the treatment of post-traumatic stress 

disorder based on such updated report. 

(e) APPROPRIATE COMMITTEES DEFINED.—In this section, the 

term ‘‘appropriate committees’’ means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, the Committee on Veterans’ Affairs, and the 

Committee on Energy and Commerce of the House of Representatives; and 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2397 

(2) the Committee on Armed Services, the Committee on 

Appropriations, the Committee on Veterans’ Affairs, and the 

Committee on Health, Education, Labor, and Pensions of the 

Senate. 

SEC. 727. REPORT ON IMPLEMENTATION OF REQUIREMENTS ON THE 

RELATIONSHIP BETWEEN THE TRICARE PROGRAM AND 

EMPLOYER-SPONSORED GROUP HEALTH PLANS. 

(a) REPORT REQUIRED.—Not later than March 31, 2010, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on the implementation of the requirements of section 1097c of 

title 10, United States Code, relating to the relationship between 

the TRICARE program and employer-sponsored group health plans. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of the extent to which the Secretary 

has established measures to assess the effectiveness of section 

1097c of title 10, United States Code, in reducing health care 

costs to the Department for military retirees and their families, 

and an assessment of the effectiveness of any measures so 

established. 

(2) An assessment of the extent to which the implementation of such section 1097c has resulted in the migration of 

military retirees from coverage under the TRICARE Standard 

option of the TRICARE program to coverage under the 

TRICARE Prime option of the TRICARE program. 

(3) A description of the exceptions adopted under subsection 

(a)(2) of such section 1097c to the requirements under such 

section 1097c, and an assessment of the effect of the exercise 

of any exceptions adopted on the administration of such section 

1097c. 

(4) An assessment of the extent to which the Secretary 

collects and assembles data on the treatment of employees 

eligible for participation in the TRICARE program in comparison with similar employees who are not eligible for participation 

in that program. 

(5) A description of the outreach conducted by the Secretary 

to inform individuals eligible for participation in the TRICARE 

program and employers of their respective rights and responsibilities under such section 1097c, and an assessment of the 

effectiveness of any outreach so conducted. 

(6) Such other matters with respect to the administration 

and effectiveness of the authorities in such section 1097c as 

the Secretary considers appropriate. 

SEC. 728. REPORT ON STIPENDS FOR MEMBERS OF RESERVE COMPONENTS FOR HEALTH CARE FOR CERTAIN DEPENDENTS. 

Not later than 90 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report on stipends paid under section 704 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 122 Stat. 188; 10 U.S.C. 1076 note). The 

report shall include— 

(1) the number of stipends paid; 

(2) the amount of the average stipend; and 

(3) the number of members who received such stipends. 


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123 STAT. 2398 PUBLIC LAW 111–84—OCT. 28, 2009 

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

Subtitle A—Acquisition Policy and Management 

Sec. 801. Temporary authority to acquire products and services produced in countries along a major route of supply to Afghanistan; report. 

Sec. 802. Assessment of improvements in service contracting. 

Sec. 803. Display of annual budget requirements for procurement of contract services and related clarifying technical amendments. 

Sec. 804. Implementation of new acquisition process for information technology systems. 

Sec. 805. Life-cycle management and product support. 

Sec. 806. Treatment of non-defense agency procurements under joint programs 

with intelligence community. 

Sec. 807. Policy and requirements to ensure the safety of facilities, infrastructure, 

and equipment for military operations. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitation 

Sec. 811. Justification and approval of sole-source contracts. 

Sec. 812. Revision of Defense Supplement relating to payment of costs prior to 

definitization. 

Sec. 813. Revisions to definitions relating to contracts in Iraq and Afghanistan. 

Sec. 814. Amendment to notification requirements for awards of single source task 

or delivery orders. 

Sec. 815. Clarification of uniform suspension and debarment requirement. 

Sec. 816. Extension of authority for use of simplified acquisition procedures for certain commercial items. 

Sec. 817. Reporting requirements for programs that qualify as both major automated information system programs and major defense acquisition programs. 

Sec. 818. Small arms production industrial base matters. 

Sec. 819. Contract authority for advanced component development or prototype 

units. 

Sec. 820. Publication of notification of bundling of contracts of the Department of 

Defense. 

Subtitle C—Contractor Matters 

Sec. 821. Authority for Government support contractors to have access to technical 

data belonging to prime contractors. 

Sec. 822. Extension and enhancement of authorities on the Commission on Wartime Contracting in Iraq and Afghanistan. 

Sec. 823. Authority for Secretary of Defense to reduce or deny award fees to companies found to jeopardize health or safety of Government personnel. 

Subtitle D—Acquisition Workforce Matters 

Sec. 831. Enhancement of expedited hiring authority for defense acquisition workforce positions. 

Sec. 832. Funding of Department of Defense Acquisition Workforce Development 

Fund. 

Sec. 833. Review of post-employment restrictions applicable to the Department of 

Defense. 

Sec. 834. Review of Federal acquisition workforce training and hiring. 

Subtitle E—Other Matters 

Sec. 841. Reports to Congress on full deployment decisions for major automated information system programs. 

Sec. 842. Authorization to take actions to correct the industrial resource shortfall 

for high-purity beryllium metal. 

Sec. 843. Report on rare earth materials in the defense supply chain. 

Sec. 844. Comptroller General report on structure and management of subcontractors under contracts for major weapon systems. 

Sec. 845. Study of the use of factors other than cost or price as the predominate 

factors in evaluating competitive proposals for defense procurement contracts. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2399 

Sec. 846. Repeal of requirements relating to the military system essential item 

breakout list. 

Sec. 847. Extension of SBIR and STTR programs of the Department of Defense. 

Sec. 848. Extension of authority for small business innovation research Commercialization Pilot Program. 

Subtitle A—Acquisition Policy and 

Management 

SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS AND SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE 

OF SUPPLY TO AFGHANISTAN; REPORT. 

(a) IN GENERAL.—In the case of a product or service to be 

acquired in support of military or stability operations in Afghanistan 

for which the Secretary of Defense makes a determination described 

in subsection (b), the Secretary may conduct a procurement in 

which— 

(1) competition is limited to products or services that are 

from one or more countries along a major route of supply 

to Afghanistan; or 

(2) a preference is provided for products or services that 

are from one or more countries along a major route of supply 

to Afghanistan. 

(b) DETERMINATION.—A determination described in this subsection is a determination by the Secretary that— 

(1) the product or service concerned is to be used— 

(A) in the country that is the source of the product 

or service; 

(B) in the course of efforts by the United States and 

the NATO International Security Assistance Force to ship 

goods to Afghanistan in support of military or stability 

operations in Afghanistan; or 

(C) by the military forces, police, or other security 

personnel of Afghanistan; 

(2) it is in the national security interest of the United 

States to limit competition or provide a preference as described 

in subsection (a) because such limitation or preference is necessary— 

(A) to reduce overall United States transportation costs 

and risks in shipping goods in support of military or stability operations in Afghanistan; 

(B) to encourage countries along a major route of 

supply to Afghanistan to cooperate in expanding supply 

routes through their territory in support of military or 

stability operations in Afghanistan; or 

(C) to help develop more robust and enduring routes 

of supply to Afghanistan; and 

(3) limiting competition or providing a preference as 

described in subsection (a) will not adversely affect— 

(A) military or stability operations in Afghanistan; or 

(B) the United States industrial base. 

(c) PRODUCTS AND SERVICES FROM A COUNTRY ALONG A MAJOR

ROUTE OF SUPPLY TO AFGHANISTAN.—For the purposes of this section: 

(1) A product is from a country along a major route of 

supply to Afghanistan if it is mined, produced, or manufactured 

in a covered country. 


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123 STAT. 2400 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) A service is from a country along a major route of 

supply to Afghanistan if it is performed in a covered country 

by citizens or permanent resident aliens of a covered country. 

(d) COVERED COUNTRY DEFINED.—In this section, the term 

‘‘covered country’’ means Georgia, Kyrgyzstan, Pakistan, Armenia, 

Azerbaijan, Kazakhstan, Tajikistan, Uzbekistan, or Turkmenistan. 

(e) CONSTRUCTION WITH OTHER AUTHORITY.—The authority 

provided in subsection (a) is in addition to the authority set forth 

in section 886 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 266; 10 U.S.C. 2302 

note). 

(f) TERMINATION OF AUTHORITY.—The Secretary of Defense may 

not exercise the authority provided in subsection (a) on or after 

the date occurring three years after the date of the enactment 

of this Act. 

(g) REPORT ON AUTHORITY.—Not later than April 1, 2010, the 

Secretary of Defense shall submit to the congressional defense 

committees a report on the use of the authority provided in subsection (a). The report shall address, at a minimum, the following: 

(1) The number of determinations made by the Secretary 

pursuant to subsection (b). 

(2) A description of the products and services acquired 

using the authority. 

(3) The extent to which the use of the authority has met 

the objectives of subparagraph (A), (B), or (C) of subsection 

(b)(2). 

(4) A list of the countries providing products or services 

as a result of a determination made pursuant to subsection 

(b). 

(5) Any recommended modifications to the authority. 

SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE CONTRACTING. 

(a) ASSESSMENT REQUIRED.—The Under Secretary of Defense 

for Acquisition, Technology, and Logistics shall direct the Defense 

Science Board to conduct an independent assessment of improvements in the procurement and oversight of services by the Department of Defense. 

(b) MATTERS COVERED.—The assessment required by subsection 

(a) shall include the following: 

(1) An assessment of the quality and completeness of guidance relating to the procurement of services, including 

implementation of statutory and regulatory authorities and 

requirements. 

(2) A determination of the extent to which best practices 

are being developed for setting requirements and developing 

statements of work. 

(3) An assessment of the contracting approaches and contract types used for the procurement of services and whether 

such contracting approaches and contract types best serve the 

interests of the Department of Defense. 

(4) A determination of whether effective standards to 

measure performance have been developed. 

(5) An assessment of the effectiveness of peer reviews 

within the Department of Defense of contracts for services 

and whether such reviews are being conducted at the appropriate dollar threshold. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2401 

(6) An assessment of the management structure for the 

procurement of services, including how the military departments and Defense Agencies have implemented section 2330 

of title 10, United States Code. 

(7) A determination of whether the performance savings 

goals required by section 802 of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2330 note) are being 

achieved. 

(8) An assessment of the effectiveness of the Acquisition 

Center of Excellence for Services established pursuant to section 

1431(b) of the Services Acquisition Reform Act of 2003 (title 

XIV of Public Law 108–136; 117 Stat. 1671; 41 U.S.C. 405 

note) and the feasibility of creating similar centers of excellence 

in the military departments. 

(9) An assessment of the quality and sufficiency of the 

acquisition workforce for the procurement and oversight of services. 

(10) Such other related matters as the Under Secretary 

considers appropriate. 

(c) REPORT.—Not later than March 10, 2010, the Under Secretary shall submit to the congressional defense committees a report 

on the results of the assessment, including such comments and 

recommendations as the Under Secretary considers appropriate. 

SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS FOR 

PROCUREMENT OF CONTRACT SERVICES AND RELATED 

CLARIFYING TECHNICAL AMENDMENTS. 

(a) CODIFICATION OF REQUIREMENT FOR SPECIFICATION OF

AMOUNTS REQUESTED FOR PROCUREMENT OF CONTRACT SERVICES.— 

(1) IN GENERAL.—Chapter 9 of title 10, United States Code, 

is amended by inserting after section 234 the following new 

section: 

‘‘§ 235. Procurement of contract services: specification of 

amounts requested in budget 

‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICATION MATERIALS.—In the budget justification materials submitted to Congress 

in support of the Department of Defense budget for any fiscal 

year (as submitted with the budget of the President under section 

1105(a) of title 31), the Secretary of Defense shall include the 

information described in subsection (b) with respect to the procurement of contract services. 

‘‘(b) INFORMATION PROVIDED.—For each budget account, the 

materials submitted shall clearly and separately identify— 

‘‘(1) the amount requested for the procurement of contract 

services for each Department of Defense component, installation, or activity; and 

‘‘(2) the number of full-time contractor employees (or the 

equivalent of full-time in the case of part-time contractor 

employees) projected and justified for each Department of 

Defense component, installation, or activity based on the inventory of contracts for services required by subsection (c) of section 

2330a of this title and the review required by subsection (e) 

of such section. 

‘‘(c) CONTRACT SERVICES DEFINED.—In this section, the term 

‘contract services’— 

‘‘(1) means services from contractors; but 


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123 STAT. 2402 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(2) excludes services relating to research and development 

and services relating to military construction.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by adding at the end 

the following new item: 

‘‘235. Procurement of contract services: specification of amounts requested in budget.’’. 

(3) REPEAL OF SUPERSEDED PROVISION.—Section 806 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 10 U.S.C. 221 note) is repealed. 

(b) CLARIFICATION OF CONTRACT SERVICES REVIEW AND PLAN- NING REQUIREMENTS.—Section 2330a(e) of title 10, United States 

Code, is amended in paragraph (4) by inserting after ‘‘plan’’ the 

following: ‘‘, including an enforcement mechanism and approval 

process,’’. 

(c) COMPTROLLER GENERAL REPORT ON INVENTORY.—Not later 

than 180 days after the date on which the Secretary of Defense 

submits to Congress the inventory required by section 2330a(c) 

of title 10, United States Code, in each of 2010, 2011 and 2012, 

the Comptroller General of the United States shall submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives a report on the inventory so submitted, with such 

findings and recommendations as the Comptroller General considers 

appropriate. 

SEC. 804. IMPLEMENTATION OF NEW ACQUISITION PROCESS FOR 

INFORMATION TECHNOLOGY SYSTEMS. 

(a) NEW ACQUISITION PROCESS REQUIRED.—The Secretary of 

Defense shall develop and implement a new acquisition process 

for information technology systems. The acquisition process developed and implemented pursuant to this subsection shall, to the 

extent determined appropriate by the Secretary— 

(1) be based on the recommendations in chapter 6 of the 

March 2009 report of the Defense Science Board Task Force 

on Department of Defense Policies and Procedures for the 

Acquisition of Information Technology; and 

(2) be designed to include— 

(A) early and continual involvement of the user; 

(B) multiple, rapidly executed increments or releases 

of capability; 

(C) early, successive prototyping to support an 

evolutionary approach; and 

(D) a modular, open-systems approach. 

(b) REPORT TO CONGRESS.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report on the new acquisition 

process developed pursuant to subsection (a). The report required 

by this subsection shall, at a minimum— 

(1) describe the new acquisition process; 

(2) provide an explanation for any decision by the Secretary 

to deviate from the criteria established for such process in 

paragraphs (1) and (2) of subsection (a); 

(3) provide a schedule for the implementation of the new 

acquisition process; 

(4) identify the categories of information technology acquisitions to which such process will apply; and 

10 USC 2225 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2403 

(5) include the Secretary’s recommendations for any legislation that may be required to implement the new acquisition 

process. 

SEC. 805. LIFE-CYCLE MANAGEMENT AND PRODUCT SUPPORT. 

(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.—Not later than 

180 days after the date of the enactment of this Act, the Secretary 

of Defense shall issue comprehensive guidance on life-cycle management and the development and implementation of product support 

strategies for major weapon systems. The guidance issued pursuant 

to this subsection shall— 

(1) maximize competition and make the best possible use 

of available Department of Defense and industry resources 

at the system, subsystem, and component levels; and 

(2) maximize value to the Department of Defense by providing the best possible product support outcomes at the lowest 

operations and support cost. 

(b) PRODUCT SUPPORT MANAGERS.— 

(1) REQUIREMENT.—The Secretary of Defense shall require 

that each major weapon system be supported by a product 

support manager in accordance with this subsection. 

(2) RESPONSIBILITIES.—A product support manager for a 

major weapon system shall— 

(A) develop and implement a comprehensive product 

support strategy for the weapon system; 

(B) conduct appropriate cost analyses to validate the 

product support strategy, including cost-benefit analyses 

as outlined in Office of Management and Budget Circular 

A–94; 

(C) assure achievement of desired product support outcomes through development and implementation of appropriate product support arrangements; 

(D) adjust performance requirements and resource 

allocations across product support integrators and product 

support providers as necessary to optimize implementation 

of the product support strategy; 

(E) periodically review product support arrangements 

between the product support integrators and product support providers to ensure the arrangements are consistent 

with the overall product support strategy; and 

(F) prior to each change in the product support strategy 

or every five years, whichever occurs first, revalidate any 

business-case analysis performed in support of the product 

support strategy. 

(c) GOVERNMENT PERFORMANCE OF PRODUCT SUPPORT MANAGER

FUNCTION.—Section 820(a) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 

Stat. 2330) is amended— 

(1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5) and (6), respectively; and 

(2) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) Product support manager.’’. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘product support’’ means the package of support functions required to field and maintain the readiness 

10 USC 1701 

note. 

Deadline. 

10 USC 2302 

note. 


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123 STAT. 2404 PUBLIC LAW 111–84—OCT. 28, 2009 

and operational capability of major weapon systems, subsystems, and components, including all functions related to 

weapon system readiness. 

(2) The term ‘‘product support arrangement’’ means a contract, task order, or any type of other contractual arrangement, 

or any type of agreement or non-contractual arrangement 

within the Federal Government, for the performance of 

sustainment or logistics support required for major weapon 

systems, subsystems, or components. The term includes 

arrangements for any of the following: 

(A) Performance-based logistics. 

(B) Sustainment support. 

(C) Contractor logistics support. 

(D) Life-cycle product support. 

(E) Weapon systems product support. 

(3) The term ‘‘product support integrator’’ means an entity 

within the Federal Government or outside the Federal Government charged with integrating all sources of product support, 

both private and public, defined within the scope of a product 

support arrangement. 

(4) The term ‘‘product support provider’’ means an entity 

that provides product support functions. The term includes 

an entity within the Department of Defense, an entity within 

the private sector, or a partnership between such entities. 

(5) The term ‘‘major weapon system’’ has the meaning 

given that term in section 2302d of title 10, United States 

Code. 

SEC. 806. TREATMENT OF NON-DEFENSE AGENCY PROCUREMENTS 

UNDER JOINT PROGRAMS WITH INTELLIGENCE COMMUNITY. 

Section 801(b) of the National Defense Authorization Act for 

Fiscal Year 2008 (10 U.S.C. 2304 note) is amended by adding 

at the end the following new paragraph: 

‘‘(3) TREATMENT OF PROCUREMENTS UNDER JOINT PROGRAMS

WITH INTELLIGENCE COMMUNITY.—For purposes of this subsection, a contract entered into by a non-defense agency that 

is an element of the intelligence community (as defined in 

section 3(4) of the National Security Act of 1947 (50 U.S.C. 

401a(4))) for the performance of a joint program conducted 

to meet the needs of the Department of Defense and the nondefense agency shall not be considered a procurement of property or services for the Department of Defense through a nondefense agency.’’. 

SEC. 807. POLICY AND REQUIREMENTS TO ENSURE THE SAFETY OF 

FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR 

MILITARY OPERATIONS. 

(a) POLICY.—It shall be the policy of the Department of Defense 

that facilities, infrastructure, and equipment that are intended 

for use by military or civilian personnel of the Department in 

current or future military operations should be inspected for safety 

and habitability prior to such use, and that such facilities should 

be brought into compliance with generally accepted standards for 

the safety and health of personnel to the maximum extent practicable and consistent with the requirements of military operations 

and the best interests of the Department of Defense, to minimize 

the safety and health risk posed to such personnel. 

10 USC 113 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2405 

(b) REQUIREMENTS.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall— 

(1) ensure that each contract or task or delivery order 

entered into for the construction, installation, repair, maintenance, or operation of facilities for use by military or civilian 

personnel of the Department complies with the policy established in subsection (a); 

(2) ensure that contracts entered into prior to the date 

that is 60 days after the date of the enactment of this Act 

comply with such policy to the maximum extent practicable; 

(3) define the term ‘‘generally accepted standards’’ with 

respect to fire protection, structural integrity, electrical systems, plumbing, water treatment, waste disposal, and telecommunications networks for the purposes of this section; and 

(4) provide such exceptions and limitations as may be 

needed to ensure that this section can be implemented in 

a manner that is consistent with the requirements of military 

operations and the best interests of the Department of Defense. 

Subtitle B—Amendments to General Contracting Authorities, Procedures, and 

Limitation 

SEC. 811. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE CONTRACTS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Federal Acquisition Regulation shall 

be revised to provide that the head of an agency may not award 

a sole-source contract in a covered procurement for an amount 

exceeding $20,000,000 unless— 

(1) the contracting officer for the contract justifies the 

use of a sole-source contract in writing; 

(2) the justification is approved by the appropriate official 

designated to approve contract awards for dollar amounts that 

are comparable to the amount of the sole-source contract; and 

(3) the justification and related information are made public 

as provided in sections 2304(f)(1)(C) and 2304(l) of title 10, 

United States Code, or sections 303(f)(1)(C) and 303(j) of the 

Federal Property and Administrative Services Act of 1949 (41 

U.S.C. 253(f)(1)(C) and 253(j)), as applicable. 

(b) ELEMENTS OF JUSTIFICATION.—The justification of a solesource contract required pursuant to subsection (a) shall include 

the following: 

(1) A description of the needs of the agency concerned 

for the matters covered by the contract. 

(2) A specification of the statutory provision providing the 

exception from the requirement to use competitive procedures 

in entering into the contract. 

(3) A determination that the use of a sole-source contract 

is in the best interest of the agency concerned. 

(4) A determination that the anticipated cost of the contract 

will be fair and reasonable. 

(5) Such other matters as the head of the agency concerned 

shall specify for purposes of this section. 

(c) DEFINITIONS.—In this section: 

Deadline. 

41 USC 421 note. 

Deadline. 


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123 STAT. 2406 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) COVERED PROCUREMENT.—The term ‘‘covered procurement’’ means either of the following: 

(A) A procurement described in section 2304(f)(2)(D)(ii) 

of title 10, United States Code. 

(B) A procurement described in section 303(f)(2)(D)(ii) 

of the Federal Property and Administrative Services Act 

of 1949 (41 U.S.C. 253(f)(2)(D)(ii)). 

(2) HEAD OF AN AGENCY.—The term ‘‘head of an agency’’— 

(A) in the case of a covered procurement as defined 

in paragraph (1)(A), has the meaning provided in section 

2302(1) of title 10, United States Code; and 

(B) in the case of a covered procurement as defined 

in paragraph (1)(B), has the meaning provided the term 

‘‘agency head’’ in section 309(a) of the Federal Property 

and Administrative Services Act of 1949 (41 U.S.C. 259(a)). 

(3) APPROPRIATE OFFICIAL.—The term ‘‘appropriate official’’ 

means— 

(A) in the case of a covered procurement as defined 

in paragraph (1)(A), an official designated in section 

2304(f)(1)(B) of title 10, United States Code; and 

(B) in the case of a covered procurement as defined 

in paragraph (1)(B), an official designated in section 

303(f)(1)(B) of the Federal Property and Administrative 

Services Act of 1949 (41 U.S.C. 253(f)(1)(B)). 

SEC. 812. REVISION OF DEFENSE SUPPLEMENT RELATING TO PAYMENT OF COSTS PRIOR TO DEFINITIZATION. 

(a) REVISION REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

revise the Defense Supplement to the Federal Acquisition Regulation to ensure that any limitations described in subsection (b) 

are applicable to all categories of undefinitized contractual actions 

(including undefinitized task orders and delivery orders). 

(b) LIMITATIONS.—The limitations referred to in subsection (a) 

are any limitations on the reimbursement of costs and the payment 

of profits or fees with respect to costs incurred before the 

definitization of an undefinitized contractual action of the Department of Defense, including— 

(1) such limitations as described in part 52.216-26 of the 

Federal Acquisition Regulation; and 

(2) any such limitations implementing the requirements 

of section 809 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2326 note). 

SEC. 813. REVISIONS TO DEFINITIONS RELATING TO CONTRACTS IN 

IRAQ AND AFGHANISTAN. 

(a) REVISIONS TO DEFINITION OF CONTRACT IN IRAQ OR AFGHANI- STAN.—Section 864(a)(2) of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 258; 10 U.S.C. 

2302 note) is amended— 

(1) by striking ‘‘or a task order or delivery order at any 

tier issued under such a contract’’ and inserting ‘‘a task order 

or delivery order at any tier issued under such a contract, 

a grant, or a cooperative agreement’’; 

(2) by striking in the parenthetical ‘‘or task order or 

delivery order’’ and inserting ‘‘task order, delivery order, grant, 

or cooperative agreement’’; 

Deadline. 

10 USC 2326 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2407 

(3) by striking ‘‘or task or delivery order’’ after the parenthetical and inserting ‘‘task order, delivery order, grant, or 

cooperative agreement’’; and 

(4) by striking ‘‘14 days’’ and inserting ‘‘30 days’’. 

(b) REVISION TO DEFINITION OF COVERED CONTRACT.—Section 

864(a)(3) of such Act (Public Law 110–181; 122 Stat. 259; 10 U.S.C. 

2302 note) is amended— 

(1) by striking ‘‘or’’ at the end of subparagraph (B); 

(2) by striking the period and inserting a semicolon at 

the end of subparagraph (C); and 

(3) by adding at the end the following new subparagraphs: 

‘‘(D) a grant for the performance of services in an 

area of combat operations, as designated by the Secretary 

of Defense under subsection (c) of section 862; or 

‘‘(E) a cooperative agreement for the performance of 

services in such an area of combat operations.’’. 

(c) REVISION TO DEFINITION OF CONTRACTOR.—Paragraph (4) 

of section 864(a) of such Act (Public Law 110–181; 122 Stat. 259; 

10 U.S.C. 2302 note) is amended to read as follows: 

‘‘(4) CONTRACTOR.—The term ‘contractor’, with respect to 

a covered contract, means— 

‘‘(A) in the case of a covered contract that is a contract, 

subcontract, task order, or delivery order, the contractor 

or subcontractor carrying out the covered contract; 

‘‘(B) in the case of a covered contract that is a grant, 

the grantee; and 

‘‘(C) in the case of a covered contract that is a cooperative agreement, the recipient.’’. 

(d) REVISION IN VALUE OF CONTRACTS COVERED BY CERTAIN

REPORT.—Section 1248(c)(1)(B) of such Act (Public Law 110–181; 

122 Stat. 400) is amended by striking ‘‘$25,000’’ and inserting 

‘‘$100,000’’. 

SEC. 814. AMENDMENT TO NOTIFICATION REQUIREMENTS FOR 

AWARDS OF SINGLE SOURCE TASK OR DELIVERY ORDERS. 

(a) CONGRESSIONAL DEFENSE COMMITTEES.—Subparagraph (B) 

of section 2304a(d)(3) of title 10, United States Code, is amended 

to read as follows: 

‘‘(B) The head of the agency shall notify the congressional 

defense committees within 30 days after any determination under 

clause (i), (ii), (iii), or (iv) of subparagraph (A).’’. 

(b) CONGRESSIONAL INTELLIGENCE COMMITTEES.—In the case 

of a task or delivery order contract awarded with respect to intelligence activities of the Department of Defense, any notification 

provided under subparagraph (B) of section 2304a(d)(3) of title 

10, United States Code, as amended by subsection (a), shall also 

be provided at the same time as notification is provided to the 

congressional defense committees under that subparagraph— 

(1) to the Permanent Select Committee on Intelligence 

of the House of Representatives insofar as such task or delivery 

order contract relates to tactical intelligence and intelligencerelated activities of the Department; and 

(2) to the Select Committee on Intelligence of the Senate 

and the Permanent Select Committee on Intelligence of the 

House of Representatives insofar as such task or delivery order 

contract relates to intelligence and intelligence-related activities 

10 USC 2304a 

note. 

Deadline. 

8 USC 1157 note. 


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123 STAT. 2408 PUBLIC LAW 111–84—OCT. 28, 2009 

of the Department other than those specified in paragraph 

(1). 

SEC. 815. CLARIFICATION OF UNIFORM SUSPENSION AND DEBARMENT 

REQUIREMENT. 

Section 2455(c)(1) of the Federal Acquisition Streamlining Act 

of 1994 (31 U.S.C. 6101 note) is amended by adding at the end 

the following: ‘‘Such term includes subcontracts at any tier, other 

than subcontracts for commercially available off-the-shelf items (as 

defined in section 35(c) of the Office of Federal Procurement Policy 

Act (41 U.S.C. 431(c))), except that in the case of a contract for 

commercial items, such term includes only first-tier subcontracts.’’. 

SEC. 816. EXTENSION OF AUTHORITY FOR USE OF SIMPLIFIED 

ACQUISITION PROCEDURES FOR CERTAIN COMMERCIAL 

ITEMS. 

Section 4202 of the Clinger–Cohen Act of 1996 (division D 

of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) as 

amended by section 822 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 226) 

is amended in subsection (e) by striking ‘‘2010’’ and inserting ‘‘2012’’. 

SEC. 817. REPORTING REQUIREMENTS FOR PROGRAMS THAT QUALIFY 

AS BOTH MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS AND MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) IN GENERAL.—Section 2445d of title 10, United States Code, 

is amended by striking ‘‘of this title’’ and all that follows and 

inserting ‘‘of this title, the Secretary may designate the program 

to be treated only as a major automated information system program covered by this chapter or to be treated only as a major 

defense acquisition program covered by such chapter 144.’’. 

(b) GUIDANCE REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

issue guidance on the implementation of section 2445d of title 

10, United States Code (as amended by subsection (a)). The guidance shall provide that, as a general rule— 

(1) a program covered by such section that requires the 

development of customized hardware shall be treated only as 

a major defense acquisition program under chapter 144 of title 

10, United States Code; and 

(2) a program covered by such section that does not require 

the development of customized hardware shall be treated only 

as a major automated information system program under 

chapter 144A of title 10, United States Code. 

SEC. 818. SMALL ARMS PRODUCTION INDUSTRIAL BASE MATTERS. 

(a) AUTHORITY TO MODIFY DEFINITION OF ‘‘SMALL ARMS

PRODUCTION INDUSTRIAL BASE’’.—Section 2473(c) of title 10, United 

States Code, is amended— 

(1) by striking ‘‘In this section’’ and inserting ‘‘(1) Subject 

to paragraph (2), in this section’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) After March 31, 2010, the Secretary of Defense may eliminate, modify, or add to the firms included in the small arms production industrial base, as defined in paragraph (1), as he determines 

appropriate to best ensure the competitive development, production, 

and maintenance of small arms for the Department of Defense.’’. 

(b) REVIEW OF SMALL ARMS PRODUCTION INDUSTRIAL BASE.— 

10 USC 2445d 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2409 

(1) REVIEW.—Not later than March 31, 2010, the Secretary 

of Defense shall review and determine, based on current and 

future Department requirements and competitive manufacturing capability and capacity— 

(A) whether any firms included in the small arms 

production industrial base (as that term is defined in section 2473(c) of title 10, United States Code) should be 

eliminated or modified and whether any additional firms 

should be included; and 

(B) whether any of the small arms listed in section 

2473(d) of title 10, United States Code, should be eliminated from the list or modified on the list and whether 

any additional small arms should be included in the list. 

(2) REPORTS.— 

(A) Not later than March 31, 2010, the Secretary of 

Defense shall submit to the congressional defense committees a report on the review conducted under this subsection. 

(B) The Secretary of Defense shall notify the congressional defense committees not later than 30 days after 

making any modification to the list maintained pursuant 

to subsection (c) of section 2473 of title 10, United States 

Code, or the list under subsection (d) of such section. 

SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPONENT 

DEVELOPMENT OR PROTOTYPE UNITS. 

(a) AUTHORITY.—A contract initially awarded from the competitive selection of a proposal resulting from a general solicitation 

referred to in section 2302(2)(B) of title 10, United States Code, 

may contain a contract line item or contract option for— 

(1) the provision of advanced component development or 

prototype of technology developed under the contract; or 

(2) the delivery of initial or additional prototype items 

if the item or a prototype thereof is created as the result 

of work performed under the contract. 

(b) LIMITATIONS.— 

(1) MINIMAL AMOUNT.—A contract line item or contract 

option described in subsection (a)(2) shall require the delivery 

of the minimal amount of initial or additional prototype items 

to allow for the timely competitive solicitation and award of 

a follow-on development or production contract for those items. 

(2) TERM.—A contract line item or contract option described 

in subsection (a) shall be for a term of not more than 12 

months. 

(3) DOLLAR VALUE OF WORK.—The dollar value of the work 

to be performed pursuant to a contract line item or contract 

option described in subsection (a) may not exceed the lesser 

of the amounts as follows: 

(A) The amount that is three times the dollar value 

of the work previously performed under the contract. 

(B) $20,000,000. 

(4) TERMINATION OF AUTHORITY.—A military department 

or defense agency may not exercise a contract line item or 

contract option pursuant to the authority provided in subsection 

(a) after September 30, 2014. 

(c) REPORT.—The Secretary of Defense shall submit to the 

congressional defense committees a report on the use of the 

10 USC 2302 

note. 

Deadline. 

Determination. 


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123 STAT. 2410 PUBLIC LAW 111–84—OCT. 28, 2009 

authority provided by subsection (a) not later than March 1, 2013. 

The report shall, at a minimum, describe— 

(1) the number of times a contract line item or contract 

option was exercised under such authority, the dollar amount 

of each such line item or option, and the scope of each such 

line item or option; 

(2) the circumstances that rendered the military department or defense agency unable to solicit and award a followon development or production contract in a timely fashion, 

but for the use of such authority; 

(3) the extent to which such authority affected competition 

and technology transition; and 

(4) such recommendations as the Secretary considers appropriate, including any recommendations regarding the modification or extension of such authority. 

SEC. 820. PUBLICATION OF NOTIFICATION OF BUNDLING OF CONTRACTS OF THE DEPARTMENT OF DEFENSE. 

(a) REQUIREMENT TO PUBLISH NOTIFICATION FOR BUNDLING.— 

A contracting officer of the Department of Defense carrying out 

a covered acquisition shall publish a notification consistent with 

the requirements of paragraph (c)(2) of subpart 10.001 of the Federal Acquisition Regulation on the website known as 

FedBizOpps.gov (or any successor site) at least 30 days prior to 

the release of a solicitation for such acquisition and, if the agency 

has determined that measurably substantial benefits are expected 

to be derived as a result of bundling such acquisition, shall include 

in the notification a brief description of the benefits. 

(b) COVERED ACQUISITION DEFINED.—In this section, the term 

‘‘covered acquisition’’ means an acquisition that is— 

(1) funded entirely using funds of the Department of 

Defense; and 

(2) covered by subpart 7.107 of the Federal Acquisition 

Regulation (relating to acquisitions involving bundling). 

(c) CONSTRUCTION.— 

(1) NOTIFICATION.—Nothing in this section shall be construed to alter the responsibility of a contracting officer to 

provide the notification referred to in subsection (a) with respect 

to a covered acquisition, or otherwise provide notification, to 

any party concerning such acquisition under any other requirement of law or regulation. 

(2) DISCLOSURE.—Nothing in this section shall be construed 

to require the public availability of information that is exempt 

from public disclosure under section 552(b) of title 5, United 

States Code, or is otherwise restricted from public disclosure 

by law or Executive order. 

(3) ISSUANCE OF SOLICITATION.—Nothing in this section 

shall be construed to require a contracting officer to delay 

the issuance of a solicitation in order to meet the requirements 

of subsection (a) if the expedited issuance of such solicitation 

is otherwise authorized under any other requirement of law 

or regulation. 

Web posting. 

Deadline. 

Determination. 

10 USC 2304 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2411 

Subtitle C—Contractor Matters 

SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CONTRACTORS TO 

HAVE ACCESS TO TECHNICAL DATA BELONGING TO PRIME 

CONTRACTORS. 

(a) AUTHORITY FOR ACCESS TO TECHNICAL DATA.—Subsection 

(c) of section 2320 of title 10, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘or’’ at the end; 

(2) by redesignating paragraph (2) as paragraph (3); and 

(3) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) notwithstanding any limitation upon the license rights 

conveyed under subsection (a), allowing a covered Government 

support contractor access to and use of any technical data 

delivered under a contract for the sole purpose of furnishing 

independent and impartial advice or technical assistance 

directly to the Government in support of the Government’s 

management and oversight of the program or effort to which 

such technical data relates; or’’. 

(b) COVERED GOVERNMENT SUPPORT CONTRACTOR DEFINED.— 

Such section is further amended by adding at the end the following 

new subsection: 

‘‘(f) In this section, the term ‘covered Government support contractor’ means a contractor under a contract the primary purpose 

of which is to furnish independent and impartial advice or technical 

assistance directly to the Government in support of the Government’s management and oversight of a program or effort (rather 

than to directly furnish an end item or service to accomplish a 

program or effort), which contractor— 

‘‘(1) is not affiliated with the prime contractor or a firsttier subcontractor on the program or effort, or with any direct 

competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and 

‘‘(2) executes a contract with the Government agreeing 

to and acknowledging— 

‘‘(A) that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes 

stated in that contract; 

‘‘(B) that the covered Government support contractor 

will enter into a non-disclosure agreement with the contractor to whom the rights to the technical data belong; 

‘‘(C) that the covered Government support contractor 

will take all reasonable steps to protect the proprietary 

and nonpublic nature of the technical data furnished to 

the covered Government support contractor during the program or effort for the period of time in which the Government is restricted from disclosing the technical data outside 

of the Government; 

‘‘(D) that a breach of that contract by the covered 

Government support contractor with regard to a third 

party’s ownership or rights in such technical data may 

subject the covered Government support contractor— 

‘‘(i) to criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, 


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123 STAT. 2412 PUBLIC LAW 111–84—OCT. 28, 2009 

and other appropriate remedies by the United States; 

and 

‘‘(ii) to civil actions for damages and other appropriate remedies by the contractor or subcontractor 

whose technical data is affected by the breach; and 

‘‘(E) that such technical data provided to the covered 

Government support contractor under the authority of this 

section shall not be used by the covered Government support contractor to compete against the third party for 

Government or non-Government contracts.’’. 

SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORITIES ON THE 

COMMISSION ON WARTIME CONTRACTING IN IRAQ AND 

AFGHANISTAN. 

(a) DATE OF FINAL REPORT.—Subsection (d)(3) of section 841 

of the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 122 Stat. 230) is amended by striking ‘‘two 

years’’ and inserting ‘‘three years’’. 

(b) ASSISTANCE FROM FEDERAL AGENCIES.—Such section is further amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) ASSISTANCE FROM FEDERAL AGENCIES.— 

‘‘(1) DEPARTMENT OF DEFENSE.—The Secretary of Defense 

shall provide to the Commission administrative support for 

the performance of the Commission’s functions in carrying out 

the requirements of this section. 

‘‘(2) TRAVEL AND LODGING IN COMBAT THEATERS.—The 

administrative support provided the Commission under paragraph (1) shall include travel and lodging undertaken in combat 

theaters, which support shall be provided through funds made 

available for that purpose through the Washington Headquarters Services or on a non-reimbursable basis, as appropriate. 

‘‘(3) OTHER DEPARTMENTS AND AGENCIES.—In addition to 

the support required by paragraph (1), any department or 

agency of the Federal Government may provide to the Commission such services, funds, facilities, staff, and other support 

services for the performance of the Commission’s functions as 

the head of such department or agency considers advisable, 

or as may otherwise be authorized by law.’’. 

SEC. 823. AUTHORITY FOR SECRETARY OF DEFENSE TO REDUCE OR 

DENY AWARD FEES TO COMPANIES FOUND TO JEOPARDIZE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL. 

(a) AUTHORITY TO REDUCE OR DENY AWARD FEES.—Not later 

than 180 days after the date of the enactment of this Act, the 

Secretary of Defense shall revise the guidance issued pursuant 

to section 814 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 129 Stat. 2321) 

to ensure that all covered contracts using award fees— 

(1) provide for the consideration of any incident described 

in subsection (b) in evaluations of contractor performance for 

the relevant award fee period; and 

Deadline. 

Guidance. 

10 USC 2302 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2413 

(2) authorize the Secretary to reduce or deny award fees 

for the relevant award fee period, or to recover all or part 

of award fees previously paid for such period, on the basis 

of the negative impact of such incident on contractor performance. 

(b) COVERED INCIDENTS.—An incident referred to in subsection 

(a) is any incident in which the contractor— 

(1) has been determined, through a criminal, civil, or 

administrative proceeding that results in a disposition listed 

in subsection (c), in the performance of a covered contract 

to have caused serious bodily injury or death to any civilian 

or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel; or 

(2) has been determined, through a criminal, civil, or 

administrative proceeding that results in a disposition listed 

in subsection (c), to be liable for actions of a subcontractor 

of the contractor that caused serious bodily injury or death 

to any civilian or military personnel of the Government, through 

gross negligence or with reckless disregard for the safety of 

such personnel. 

(c) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR ADMINISTRATIVE PROCEEDINGS.—For purposes of subsection (a), the dispositions 

listed in this subsection are as follows: 

(1) In a criminal proceeding, a conviction. 

(2) In a civil proceeding, a finding of fault and liability 

that results in the payment of a monetary fine, penalty, 

reimbursement, restitution, or damages of $5,000 or more. 

(3) In an administrative proceeding, a finding of fault and 

liability that results in— 

(A) the payment of a monetary fine or penalty of $5,000 

or more; or 

(B) the payment of a reimbursement, restitution, or 

damages in excess of $100,000. 

(4) To the maximum extent practicable and consistent with 

applicable laws and regulations, in a criminal, civil, or administrative proceeding, a disposition of the matter by consent or 

compromise with an acknowledgment of fault by the person 

if the proceeding could have led to any of the outcomes specified 

in paragraph (1), (2), or (3). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘defense contractor’’ means a company 

awarded a covered contract. 

(2) The term ‘‘covered contract’’ means a contract awarded 

by the Department of Defense for the procurement of goods 

or services. 

(3) The term ‘‘serious bodily injury’’ means a grievous physical harm that results in a permanent disability. 

(e) EFFECTIVE DATE.—This section shall apply with respect 

to contracts entered into after the date occurring 180 days after 

the date of the enactment of this Act. 


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123 STAT. 2414 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle D—Acquisition Workforce Matters 

SEC. 831. ENHANCEMENT OF EXPEDITED HIRING AUTHORITY FOR 

DEFENSE ACQUISITION WORKFORCE POSITIONS. 

(a) IN GENERAL.—Paragraph (1) of section 1705(h) of title 10, 

United States Code, is amended— 

(1) in subparagraph (A), by striking ‘‘acquisition positions 

within the Department of Defense as shortage category positions’’ and inserting ‘‘acquisition workforce positions as positions for which there exists a shortage of candidates or there 

is a critical hiring need’’; and 

(2) in subparagraph (B), by striking ‘‘highly’’. 

(b) EXTENSION.—Paragraph (2) of such section is amended by 

striking ‘‘September 30, 2012’’ and inserting ‘‘September 30, 2015’’. 

(c) TECHNICAL AMENDMENT.—Paragraph (1) of such section is 

further amended by striking ‘‘United States Code,’’ in the matter 

preceding subparagraph (A). 

SEC. 832. FUNDING OF DEPARTMENT OF DEFENSE ACQUISITION 

WORKFORCE DEVELOPMENT FUND. 

(a) ADDITIONAL ELEMENT OF FUND.—Subsection (d) of section 

1705 of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by redesignating subparagraph (B) as subparagraph (C); and 

(B) by inserting after subparagraph (A) the following 

new subparagraph (B): 

‘‘(B) Amounts transferred to the Fund pursuant to 

paragraph (3).’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) TRANSFER OF CERTAIN UNOBLIGATED BALANCES.—To 

the extent provided in appropriations Acts, the Secretary of 

Defense may, during the 24-month period following the expiration of availability for obligation of any appropriations made 

to the Department of Defense for procurement, research, 

development, test, and evaluation, or operation and maintenance, transfer to the Fund any unobligated balance of such 

appropriations. Any amount so transferred shall be credited 

to the Fund.’’. 

(b) NATURE OF EXPENDED AMOUNTS PROVIDING BASIS FOR

CREDIT TO FUND.—Subparagraph (A) of paragraph (2) of such subsection is amended by striking ‘‘, other than’’ and all that follows 

and inserting ‘‘from amounts available for contract services for 

operation and maintenance.’’. 

(c) REMITTANCES.—Subparagraph (B) of paragraph (2) of such 

subsection is amended by inserting ‘‘, from amounts available to 

such military department or Defense Agency, as the case may 

be, for contract services for operation and maintenance,’’ after ‘‘remit 

to the Secretary of Defense’’. 

(d) ADDITIONAL MATTERS RELATING TO REMITTANCES.— (1) REMITTANCE BY FISCAL YEAR INSTEAD OF QUARTER.— 

Subparagraph (B) of paragraph (2) of such subsection is 

amended— 

(A) in the first sentence, by striking ‘‘the third fiscal 

year quarter’’ and all that follows through ‘‘thereafter’’ 

and inserting ‘‘the first quarter of each fiscal year’’; and 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2415 

(B) by striking ‘‘quarter’’ before ‘‘for services’’. 

(2) ADDITIONAL REQUIREMENTS AND LIMITATIONS.—Such 

subsection is further amended— 

(A) in paragraph (2)(B), by striking ‘‘Not later than’’ 

and inserting ‘‘Subject to paragraph (4), not later than’’; 

and 

(B) by adding at the end the following new paragraph: 

‘‘(4) ADDITIONAL REQUIREMENTS AND LIMITATIONS ON REMITTANCES.—(A) In the event amounts are transferred to the Fund 

during a fiscal year pursuant to paragraph (1)(B) or appropriated to the Fund for a fiscal year pursuant to paragraph 

(1)(C), the aggregate amount otherwise required to be remitted 

to the Fund for that fiscal year pursuant to paragraph (2)(B) 

shall be reduced by the amount equal to the amounts so transferred or appropriated to the Fund during or for that fiscal 

year. Any reduction in the aggregate amount required to be 

remitted to the Fund for a fiscal year under this subparagraph 

shall be allocated as provided in applicable provisions of appropriations Acts or, absent such provisions, on a pro rata basis 

among the military departments and Defense Agencies required 

to make remittances to the Fund for that fiscal year under 

paragraph (2)(B), subject to any exclusions the Secretary of 

Defense determines to be necessary in the best interests of 

the Department of Defense. 

‘‘(B) Any remittance of amounts to the Fund for a fiscal 

year under paragraph (2) shall be subject to the availability 

of appropriations for that purpose.’’. 

(e) REMITTANCE AMOUNTS.—Paragraph (2) of such subsection 

is further amended by striking subparagraphs (C) and (D) and 

inserting the following new subparagraphs: 

‘‘(C) For purposes of this paragraph, the applicable 

percentage for a fiscal year is the percentage that results 

in the credit to the Fund in such fiscal year of an amount 

as follows: 

‘‘(i) For fiscal year 2010, $100,000,000. 

‘‘(ii) For fiscal year 2011, $770,000,000. 

‘‘(iii) For fiscal year 2012, $900,000,000. 

‘‘(iv) For fiscal year 2013, $1,180,000,000. 

‘‘(v) For fiscal year 2014, $1,330,000,000. 

‘‘(vi) For fiscal year 2015, $1,470,000,000. 

‘‘(D) The Secretary of Defense may reduce an amount 

specified in subparagraph (C) for a fiscal year if the Secretary determines that the amount is greater than is 

reasonably needed for purposes of the Fund for such fiscal 

year. The Secretary may not reduce the amount for a 

fiscal year to an amount that is less than 80 percent 

of the amount otherwise specified in subparagraph (C) 

for such fiscal year.’’. 

(f) CLARIFICATION OF LIMITATION ON PAY OF BASE SALARY OF

CURRENT EMPLOYEES.—Subsection (e)(5) of such section is amended 

by striking ‘‘as of the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2008’’ and inserting ‘‘serving 

in a position in the acquisition workforce as of January 28, 2008’’. 

(g) TECHNICAL AMENDMENTS.— 

(1) Subsection (a) of such section is amended by inserting 

‘‘Development’’ after ‘‘Workforce’’. 


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123 STAT. 2416 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) Subsection (f) of such section is amended in the matter 

preceding paragraph (1) by striking ‘‘beginning with fiscal year 

2008’’. 

(h) EFFECTIVE DATES.— 

(1) FUNDING AMENDMENTS.—The amendments made by 

subsections (a) through (c) shall take effect as of October 1, 

2009. 

(2) TECHNICAL AMENDMENTS.—The amendments made by 

subsections (f) and (g) shall take effect on the date of the 

enactment of this Act. 

SEC. 833. REVIEW OF POST-EMPLOYMENT RESTRICTIONS APPLICABLE 

TO THE DEPARTMENT OF DEFENSE. 

(a) REVIEW REQUIRED.—The Panel on Contracting Integrity, 

established pursuant to section 813 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364), shall review policies relating to post-employment restrictions 

on former Department of Defense personnel to determine whether 

such policies adequately protect the public interest, without 

unreasonably limiting future employment options for former Department of Defense personnel. 

(b) MATTERS CONSIDERED.—In performing the review required 

by subsection (a), the Panel shall consider the extent to which 

current post-employment restrictions— 

(1) appropriately protect the public interest by preventing 

personal conflicts of interests and preventing former Department of Defense officials from exercising undue or inappropriate 

influence on the Department of Defense; 

(2) appropriately require disclosure of personnel accepting 

employment with contractors of the Department of Defense 

involving matters related to their official duties; 

(3) use appropriate thresholds, in terms of salary or duties, 

for the establishment of such restrictions; 

(4) are sufficiently straightforward and have been explained 

to personnel of the Department of Defense so that such personnel are able to avoid potential violations of post-employment 

restrictions and conflicts of interest in interactions with former 

personnel of the Department; 

(5) appropriately apply to all personnel performing duties 

in acquisition-related activities, such as personnel involved in— 

(A) the establishment of requirements; 

(B) testing and evaluation; and 

(C) the development of doctrine; 

(6) ensure that the Department of Defense has access to 

world-class talent, especially with respect to highly qualified 

technical, engineering, and acquisition expertise; and 

(7) ensure that service in the Department of Defense 

remains an attractive career option. 

(c) COMPLETION OF THE REVIEW.—The Panel shall complete 

the review required by subsection (a) not later than one year 

after the date of the enactment of this Act. 

(d) REPORT TO COMMITTEES ON ARMED SERVICES.—Not later 

than 30 days after the completion of the review, the Panel shall 

submit to the Committees on Armed Services of the Senate and 

the House of Representatives a report containing the findings of 

the review and the recommendations of the Panel to the Secretary 

10 USC 1705 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2417 

of Defense, including recommended legislative or regulatory 

changes, resulting from the review. 

(e) NATIONAL ACADEMY OF PUBLIC ADMINISTRATION ASSESSMENT.— (1) Not later than 30 days after the completion of the 

review, the Secretary of Defense shall enter into an arrangement with the National Academy of Public Administration to 

assess the findings and recommendations of the review. 

(2) Not later than 210 days after the completion of the 

review, the National Academy of Public Administration shall 

provide its assessment of the review to the Secretary, along 

with such additional recommendations as the National 

Academy may have. 

(3) Not later than 30 days after receiving the assessment, 

the Secretary shall provide the assessment, along with such 

comments as the Secretary considers appropriate, to the 

Committees on Armed Services of the Senate and the House 

of Representatives. 

SEC. 834. REVIEW OF FEDERAL ACQUISITION WORKFORCE TRAINING 

AND HIRING. 

(a) COMPTROLLER GENERAL REPORT ON THE GOVERNMENT-WIDE

ACQUISITION WORKFORCE DEVELOPMENT STRATEGIC PLAN.—Not 

later than 180 days after the Acquisition Workforce Development 

Strategic Plan required by section 869 of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 122 Stat. 4553) is completed, the Comptroller General 

of the United States shall submit to the relevant committees of 

Congress a report on the Plan. 

(b) MATTERS COVERED.—The report required under subsection 

(a) shall include assessments of the following: 

(1) The methodologies used to formulate the Acquisition 

Workforce Development Strategic Plan and its recommendations. 

(2) The extent to which the Acquisition Workforce Development Strategic Plan addresses previously identified shortcomings in the acquisition workforce and prior efforts by agencies to develop acquisition workforce plans, including the strategies used to identify and hire acquisition personnel. 

(3) The feasibility of the Acquisition Workforce Development Strategic Plan’s recommendations and associated time 

frames for implementation, particularly as they relate to the 

development of a sustainable funding model and the applicability of the Defense Acquisition Workforce Development Fund 

model to civilian agencies. 

(4) The extent to which the Acquisition Workforce Development Strategic Plan considered the use by agencies of contractor 

personnel to supplement the acquisition workforce. 

(5) Whether the Acquisition Workforce Development Strategic Plan considered the full range of laws, regulations, and 

policies that currently apply to the acquisition workforce. 

(6) The extent to which the Acquisition Workforce Development Strategic Plan considered the specific training and retention tools (whether located within or outside an agency) used 

to professionally develop and retain acquisition personnel, 

including the following: 

(A) The Defense Acquisition University. 

Deadlines. 


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123 STAT. 2418 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) The Federal Acquisition Institute. 

(C) Continuing education and professional development 

opportunities available to acquisition professionals. 

(D) Opportunities to pursue higher education available 

to acquisition personnel, including scholarships and student 

loan forgiveness. 

(7) Such other matters, findings, and recommendations as 

the Comptroller General considers appropriate. 

(c) RELEVANT COMMITTEES.—In this section, the term ‘‘relevant 

committees’’ means each of the following: 

(1) The Committee on Oversight and Government Reform 

of the House of Representatives. 

(2) The Committee on Armed Services of the House of 

Representatives. 

(3) The Committee on Homeland Security and Government 

Affairs of the Senate. 

(4) The Committee on Armed Services of the Senate. 

Subtitle E—Other Matters 

SEC. 841. REPORTS TO CONGRESS ON FULL DEPLOYMENT DECISIONS 

FOR MAJOR AUTOMATED INFORMATION SYSTEM PROGRAMS. 

(a) IMPLEMENTATION SCHEDULE.—Section 2445b(b)(2) of title 

10, United States Code, is amended by striking ‘‘initial operational 

capability, and full operational capability’’ and inserting ‘‘full 

deployment decision, and full deployment’’. 

(b) CRITICAL CHANGES IN PROGRAM.—Section 2445c(d)(2)(A) of 

such title is amended by striking ‘‘initial operational capability’’ 

and inserting ‘‘a full deployment decision’’. 

(c) DEFINITIONS.—Section 2445a of such title is amended by 

adding at the end the following new subsections: 

‘‘(e) FULL DEPLOYMENT DECISION.—In this chapter, the term 

‘full deployment decision’ means, with respect to a major automated 

information system program, the final decision made by the Milestone Decision Authority authorizing an increment of the program 

to deploy software for operational use. 

‘‘(f) FULL DEPLOYMENT.—In this chapter, the term ‘full deployment’ means, with respect to a major automated information system 

program, the fielding of an increment of the program in accordance 

with the terms of a full deployment decision.’’. 

SEC. 842. AUTHORIZATION TO TAKE ACTIONS TO CORRECT THE INDUSTRIAL RESOURCE SHORTFALL FOR HIGH-PURITY BERYLLIUM METAL. 

Notwithstanding any limitation in section 303 of the Defense 

Production Act of 1950 (50 U.S.C. App. 2093), an action may be 

taken under such section to correct an industrial resource shortfall 

or domestic industrial base shortfall for high-purity beryllium metal 

if such action does not cause the aggregate outstanding amount 

of all such actions for such shortfall to exceed ‘‘$85,000,000’’. 

SEC. 843. REPORT ON RARE EARTH MATERIALS IN THE DEFENSE 

SUPPLY CHAIN. 

(a) REPORT REQUIRED.—Not later than April 1, 2010, the Comptroller General shall submit to the Committees on Armed Services 

50 USC 

app. 2093 note. 

Definition. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2419 

of the Senate and House of Representatives a report on rare earth 

materials in the supply chain of the Department of Defense. 

(b) MATTERS ADDRESSED.—The report required by subsection 

(a) shall address, at a minimum, the following: 

(1) An analysis of the current and projected domestic and 

worldwide availability of rare earths for use in defense systems, 

including an analysis of projected availability of these materials 

in the export market. 

(2) An analysis of actions or events outside the control 

of the Government of the United States that could restrict 

the access of the Department of Defense to rare earth materials, 

such as past procurements and attempted procurements of 

rare earth mines and mineral rights. 

(3) A determination as to which defense systems are currently dependent on, or projected to become dependent on, 

rare earth materials, particularly neodymium iron boron 

magnets, whose supply could be restricted— 

(A) by actions or events identified pursuant to paragraph (2); or 

(B) by other actions or events outside the control of 

the Government of the United States. 

(4) The risk to national security, if any, of the dependencies 

(current or projected) identified pursuant to paragraph (3). 

(5) Any steps that the Department of Defense has taken 

or is planning to take to address any such risk to national 

security. 

(6) Such recommendations for further action to address 

the matters covered by the report as the Comptroller General 

considers appropriate. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘rare earth’’ means the chemical elements, 

all metals, beginning with lanthanum, atomic number 57, and 

including all of the natural chemical elements in the periodic 

table following lanthanum up to and including lutetium, element number 71. The term also includes the elements yttrium 

and scandium. 

(2) The term ‘‘rare earth material’’ includes rare earth 

ores, semi-finished rare earth products, and components containing rare earth materials. 

SEC. 844. COMPTROLLER GENERAL REPORT ON STRUCTURE AND 

MANAGEMENT OF SUBCONTRACTORS UNDER CONTRACTS 

FOR MAJOR WEAPON SYSTEMS. 

(a) STUDY.—The Comptroller General shall conduct a study 

on the structure and management of major subcontracts under 

contracts for the acquisition of selected major weapon systems. 

(b) ISSUES TO BE ADDRESSED.—At a minimum, the study 

required by subsection (a) shall address the following: 

(1) The number of major subcontracts under each prime 

contract reviewed. 

(2) The manner in which the prime contractor addressed 

decisions to conduct work in-house or through subcontracts. 

(3) The manner in which any potential organizational conflicts of interest were addressed and the Government’s role 

(if any) in selecting the approach chosen. 


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123 STAT. 2420 PUBLIC LAW 111–84—OCT. 28, 2009 

(4) The manner in which such subcontracts were awarded 

(including the degree of competition) and the Government’s 

role (if any) in such award decisions. 

(5) Any recommendations that the Comptroller General 

may have for improving Government oversight, reducing the 

oversight burden on the acquisition workforce, or otherwise 

improving the management of subcontractors under contracts 

for the acquisition of major weapon systems. 

(c) DEADLINE FOR SUBMISSION.—Not later than one year after 

the date of the enactment of this Act, the Comptroller General 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the results of the 

study required by subsection (a), with such findings and recommendations as the Comptroller General considers appropriate. 

SEC. 845. STUDY OF THE USE OF FACTORS OTHER THAN COST OR 

PRICE AS THE PREDOMINATE FACTORS IN EVALUATING 

COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT 

CONTRACTS. 

(a) STUDY REQUIRED.—The Comptroller General of the United 

States shall conduct a study of Department of Defense procurements 

that use solicitations in which evaluation factors other than cost 

or price, when combined, are more important than cost or price. 

(b) ISSUES TO BE ADDRESSED.—The study required by subsection (a) shall include, at a minimum, an assessment of— 

(1) the frequency with which evaluation factors other than 

cost or price, when combined, are given more weight than 

cost or price in solicitations for competitive proposals; 

(2) the types of contracts for products or services for which 

such evaluation factors are most frequently used; 

(3) the reasons why the Department of Defense chooses 

to use such evaluation factors; and 

(4) the extent to which the use of such factors is or is 

not in the interest of the Department of Defense. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the Committees on Armed Service of the Senate and the House 

of Representatives a report on the results of the study required 

by subsection (a). 

SEC. 846. REPEAL OF REQUIREMENTS RELATING TO THE MILITARY 

SYSTEM ESSENTIAL ITEM BREAKOUT LIST. 

Section 813 of the National Defense Authorization Act for Fiscal 

Year 2004 (Public Law 108–136; 117 Stat. 1543) is repealed. 

SEC. 847. EXTENSION OF SBIR AND STTR PROGRAMS OF THE DEPARTMENT OF DEFENSE. 

(a) SBIR EXTENSION.—Section 9(m) of the Small Business Act 

(15 U.S.C. 638(m)) is amended— 

(1) by striking ‘‘The authorization’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the authorization’’; and 

(2) by adding at the end the following: 

‘‘(2) EXCEPTION FOR DEPARTMENT OF DEFENSE.—The Secretary of Defense and the Secretary of each military department 

is authorized to carry out the Small Business Innovation 

10 USC 2501 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2421 

Research Program of the Department of Defense until September 30, 2010’’. 

(b) STTR REAUTHORIZATION.—Section 9(n)(1)(A) of the Small 

Business Act (15 U.S.C. 638(n)(1)(A)) is amended— 

(1) by striking ‘‘With respect’’ and inserting the following: 

‘‘(i) FEDERAL AGENCIES GENERALLY.—Except as 

provided in clause (ii), with respect’’; and 

(2) by adding at the end the following: 

‘‘(ii) DEPARTMENT OF DEFENSE.—The Secretary of 

Defense and the Secretary of each military department 

shall carry out clause (i) with respect to each fiscal 

year through fiscal year 2010.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as of July 30, 2009. 

SEC. 848. EXTENSION OF AUTHORITY FOR SMALL BUSINESS INNOVATION RESEARCH COMMERCIALIZATION PILOT PROGRAM. 

Section 9(y) of the Small Business Act (15 U.S.C. 638(y)) is 

amended in paragraph (6) by striking ‘‘2009’’ and inserting ‘‘2010’’. 

TITLE IX—DEPARTMENT OF DEFENSE 

ORGANIZATION AND MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense Cyber 

Crime Center. 

Sec. 902. Organizational structure of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity. 

Sec. 903. Sense of Congress regarding the Director of Operational Energy Plans 

and Programs. 

Sec. 904. Increased flexibility for combatant commander initiative fund. 

Sec. 905. Repeal of requirement for a Deputy Under Secretary of Defense for Technology Security Policy within the Office of the Under Secretary of Defense for Policy. 

Sec. 906. Deputy Under Secretaries of Defense and Assistant Secretaries of Defense. 

Subtitle B—Space Activities 

Sec. 911. Submission and review of space science and technology strategy. 

Sec. 912. Provision of space situational awareness services and information to nonUnited States Government entities. 

Sec. 913. Management and funding strategy and implementation plan for the National Polar-Orbiting Operational Environmental Satellite System Program. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Inclusion of Defense Intelligence Agency in authority to use proceeds from 

counterintelligence operations. 

Sec. 922. Plan to address foreign ballistic missile intelligence analysis. 

Subtitle D—Other Matters 

Sec. 931. Implementation strategy for developing leap-ahead cyber operations capabilities. 

Sec. 932. Defense integrated military human resources system development and 

transition. 

Sec. 933. Report on special operations command organization, manning, and management. 

Sec. 934. Study on the recruitment, retention, and career progression of uniformed 

and civilian military cyber operations personnel. 

Sec. 935. Plan on access to national airspace for unmanned aircraft systems. 

15 USC 638 note. 


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123 STAT. 2422 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle A—Department of Defense 

Management 

SEC. 901. AUTHORITY TO ALLOW PRIVATE SECTOR CIVILIANS TO 

RECEIVE INSTRUCTION AT DEFENSE CYBER INVESTIGATIONS TRAINING ACADEMY OF THE DEFENSE CYBER 

CRIME CENTER. 

(a) ADMISSION OF PRIVATE SECTOR CIVILIANS.—Chapter 108 

of title 10, United States Code, is amended by inserting after 

section 2167 the following new section: 

‘‘§ 2167a. Defense Cyber Investigations Training Academy: 

admission of private sector civilians to receive 

instruction 

‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of Defense may 

permit eligible private sector employees to receive instruction at 

the Defense Cyber Investigations Training Academy operating 

under the direction of the Defense Cyber Crime Center. No more 

than the equivalent of 200 full-time student positions may be filled 

at any one time by private sector employees enrolled under this 

section, on a yearly basis. Upon successful completion of the course 

of instruction in which enrolled, any such private sector employee 

may be awarded an appropriate certification or diploma. 

‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For purposes of 

this section, an eligible private sector employee is an individual 

employed by a private firm that is engaged in providing to the 

Department of Defense or other Government departments or agencies significant and substantial defense-related systems, products, 

or services, or whose work product is relevant to national security 

policy or strategy. A private sector employee remains eligible for 

such instruction only so long as that person remains employed 

by an eligible private sector firm. 

‘‘(c) PROGRAM REQUIREMENTS.—The Secretary of Defense shall 

ensure that— 

‘‘(1) the curriculum in which private sector employees may 

be enrolled under this section is not readily available through 

other schools; and 

‘‘(2) the course offerings at the Defense Cyber Investigations 

Training Academy continue to be determined solely by the 

needs of the Department of Defense. 

‘‘(d) TUITION.—The Secretary of Defense shall charge private 

sector employees enrolled under this section tuition at a rate that 

is at least equal to the rate charged for employees of the United 

States. In determining tuition rates, the Secretary shall include 

overhead costs of the Defense Cyber Investigations Training 

Academy. 

‘‘(e) STANDARDS OF CONDUCT.—While receiving instruction at 

the Defense Cyber Investigations Training Academy, students 

enrolled under this section, to the extent practicable, are subject 

to the same regulations governing academic performance, attendance, norms of behavior, and enrollment as apply to Government 

civilian employees receiving instruction at the Academy. 

‘‘(f) USE OF FUNDS.—Amounts received by the Defense Cyber 

Investigations Training Academy for instruction of students enrolled 

under this section shall be retained by the Academy to defray 

the costs of such instruction. The source, and the disposition, of 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2423 

such funds shall be specifically identified in records of the 

Academy.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2167 the following new item: 

‘‘2167a. Defense Cyber Investigations Training Academy: admission of private sector 

civilians to receive instruction.’’. 

SEC. 902. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF THE 

ASSISTANT SECRETARY OF DEFENSE FOR HEALTH 

AFFAIRS AND THE TRICARE MANAGEMENT ACTIVITY. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the organizational structure of the Office of the Assistant Secretary of Defense 

for Health Affairs and the TRICARE Management Activity. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) ORGANIZATIONAL CHARTS.—Organizational charts for 

both the Office of the Assistant Secretary of Defense for Health 

Affairs and the TRICARE Management Activity showing, at 

a minimum, the senior positions in such office and such activity. 

(2) SENIOR POSITION DESCRIPTIONS.—A description of the 

policy-making functions and oversight responsibilities of each 

senior position in the Office of the Assistant Secretary of 

Defense for Health Affairs and the policy and program execution responsibilities of each senior position of the TRICARE 

Management Activity. 

(3) POSITIONS FILLED BY SAME INDIVIDUAL.—A description 

of which positions in both organizations are filled by the same 

individual. 

(4) ASSESSMENT.—An assessment of whether the senior 

personnel of the Office of the Assistant Secretary of Defense 

for Health Affairs and the TRICARE Management Activity, 

as currently organized, are able to appropriately perform the 

discrete functions of policy formulation, policy and program 

execution, and program oversight. 

(c) DEFINITIONS.—In this section: 

(1) SENIOR POSITION.—The term ‘‘senior position’’ means 

a position filled by a member of the senior executive service, 

a position on the Executive Schedule established pursuant to 

title 5, United States Code, or a position filled by a general 

or flag officer. 

(2) SENIOR PERSONNEL.—The term ‘‘senior personnel’’ 

means personnel who are members of the senior executive 

service, who fill a position listed on the Executive Schedule 

established pursuant to title 5, United States Code, or who 

are general or flag officers. 

SEC. 903. SENSE OF CONGRESS REGARDING THE DIRECTOR OF OPERATIONAL ENERGY PLANS AND PROGRAMS. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The demand for operational energy within the Department of Defense imposes significant logistical burdens and operational vulnerabilities on the warfighter and increases force 

protection requirements. 


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123 STAT. 2424 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) In March 2008, the Comptroller General of the United 

States found that responsibilities for operational energy 

strategy, management, and oversight within the Department 

are diffused throughout various offices and working groups, 

including the Office of the Under Secretary of Defense for 

Acquisition, Technology, and Logistics; the Office of the Under 

Secretary of Defense for Policy; the Office of the Under Secretary of Defense (Comptroller); the Office of Program Analysis 

and Evaluation; the Office of the Chairman of the Joint Chiefs 

of Staff; the commanders of the combatant commands; and 

the offices of the Secretaries of the military departments. 

(3) The Defense Science Board’s 2008 report titled ‘‘More 

Fight – Less Fuel’’ stated that ‘‘There are currently few efforts 

to manage energy demand by operational forces, which consume 

about three quarters of DoD energy, perhaps because no one 

is in charge. The lowest organizational level where all decisions 

that drive DoD energy use come together is the Deputy Secretary of Defense, implying the need for a senior energy official, 

and oversight of the Department’s energy strategy and program 

by the Deputy’s Advisory Working Group (DAWG).’’. 

(4) Congress established the Director of Operational Energy 

Plans and Programs in section 139b of title 10, United States 

Code, to provide leadership, conduct oversight, and be accountable for operational energy plans and programs in the Department of Defense and the Army, Navy, Air Force, and Marine 

Corps. 

(5) Congress envisioned that the Director would have a 

direct line of communication with the Secretary of Defense 

and the Deputy Secretary of Defense, including participation 

in the Deputy’s Advisory Working Group. 

(6) The Department of Defense issued a statement that 

it ‘‘intends to establish this position as administratively 

reporting to the Under Secretary of Defense for Acquisition, 

Technology, and Logistics (USD(AT&L)), and this official would 

report directly to the Secretary of Defense on issues related 

to Operational Energy’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Director of Operational Energy Plans and Programs should 

report directly to the Secretary of Defense on issues related to 

operational energy and be included as a fully participating member 

of the Advisory Working Group of the Deputy Secretary of Defense. 

SEC. 904. INCREASED FLEXIBILITY FOR COMBATANT COMMANDER INITIATIVE FUND. 

(a) INCREASE IN FUNDING LIMITATIONS.—Subparagraph (A) of 

section 166a(e)(1) of title 10, United States Code, is amended— 

(1) by striking ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’; 

and 

(2) by striking ‘‘$15,000’’ and inserting ‘‘the investment 

unit cost threshold in effect under section 2245a of this title’’. 

(b) COORDINATION WITH RELEVANT CHIEF OF MISSION.—Paragraph (6) of section 166a(b) of such title is amended by inserting 

after ‘‘assistance,’’ the following: ‘‘in coordination with the relevant 

chief of mission to the extent practicable,’’. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2425 

SEC. 905. REPEAL OF REQUIREMENT FOR A DEPUTY UNDER SECRETARY OF DEFENSE FOR TECHNOLOGY SECURITY 

POLICY WITHIN THE OFFICE OF THE UNDER SECRETARY 

OF DEFENSE FOR POLICY. 

(a) REPEAL OF REQUIREMENT FOR POSITION.— 

(1) REPEAL.—Section 134b of title 10, United States Code, 

is repealed. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 4 of such title is amended by striking 

the item relating to section 134b. 

(b) PRIOR NOTIFICATION OF CHANGE IN REPORTING RELATIONSHIP FOR THE DEFENSE TECHNOLOGY SECURITY ADMINISTRATION.— 

The Secretary of Defense shall ensure that no covered action is 

taken until the expiration of 30 legislative days after providing 

notification of such action to the Committees on Armed Services 

of the Senate and the House of Representatives. 

(c) COVERED ACTION DEFINED.—In this section, the term ‘‘covered action’’ means— 

(1) the transfer of the Defense Technology Security 

Administration to an Under Secretary or other office of the 

Department of Defense other than the Under Secretary of 

Defense for Policy; 

(2) the consolidation of the Defense Technology Security 

Administration with another office, agency, or field activity 

of the Department of Defense; or 

(3) the addition of management layers between the Director 

of the Defense Technology Security Administration and the 

Under Secretary of Defense for Policy. 

SEC. 906. DEPUTY UNDER SECRETARIES OF DEFENSE AND ASSISTANT 

SECRETARIES OF DEFENSE. 

(a) DEPUTY UNDER SECRETARIES OF DEFENSE.— 

(1) IN GENERAL.—Chapter 4 of title 10, United States Code, 

is amended by adding after section 137 the following new 

section: 

‘‘§ 137a. Deputy Under Secretaries of Defense 

‘‘(a)(1) There are five Deputy Under Secretaries of Defense. 

‘‘(2)(A) The Deputy Under Secretaries of Defense referred to 

in paragraphs (1) through (3) of subsection (c) shall be appointed 

as provided in the applicable paragraph. 

‘‘(B) The Deputy Under Secretaries of Defense referred to in 

paragraphs (4) and (5) of subsection (c) shall be appointed from 

civilian life by the President, by and with the advice and consent 

of the Senate. 

‘‘(b) Each Deputy Under Secretary of Defense shall be the 

first assistant to an Under Secretary of Defense and shall assist 

such Under Secretary in the performance of the duties of the 

position of such Under Secretary and shall act for, and exercise 

the powers of, such Under Secretary when such Under Secretary 

is absent or disabled. 

‘‘(c)(1) One of the Deputy Under Secretaries is the Principal 

Deputy Under Secretary of Defense for Acquisition, Technology, 

and Logistics appointed pursuant to section 133a of this title. 

‘‘(2) One of the Deputy Under Secretaries is the Principal 

Deputy Under Secretary of Defense for Policy appointed pursuant 

to section 134a of this title. 


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123 STAT. 2426 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(3) One of the Deputy Under Secretaries is the Principal 

Deputy Under Secretary of Defense for Personnel and Readiness 

appointed pursuant to section 136a of this title. 

‘‘(4) One of the Deputy Under Secretaries shall be the Principal 

Deputy Under Secretary of Defense (Comptroller). 

‘‘(5) One of the Deputy Under Secretaries shall be the Principal 

Deputy Under Secretary of Defense for Intelligence. 

‘‘(d) The Deputy Under Secretaries of Defense take precedence 

in the Department of Defense after the Secretary of Defense, the 

Deputy Secretary of Defense, the Secretaries of the military departments, the Under Secretaries of Defense, and the Deputy Chief 

Management Officer of the Department of Defense.’’. 

(2) DELAYED LIMITATION ON NUMBER OF DEPUTY UNDER

SECRETARIES OF DEFENSE.—Effective as of January 1, 2011, 

the five Deputy Under Secretaries of Defense authorized by 

section 137a of title 10, United States Code (as added by 

paragraph (1)), shall be the only Deputy Under Secretaries 

of Defense. 

(3) REPORT ON REVISED ORGANIZATIONAL STRUCTURE FOR

OSD.—Not later than March 15, 2010, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report setting forth a 

plan for the realignment of the organizational structure of 

the Office of the Secretary of Defense to comply with the 

requirement in paragraph (2). 

(b) ASSISTANT SECRETARIES OF DEFENSE.— 

(1) REDESIGNATION OF DEPUTY UNDER SECRETARY FOR

LOGISTICS AND MATERIEL READINESS AS ASSISTANT SECRETARY.— 

Chapter 4 of such title is further amended— 

(A) by transferring section 133b to appear after section 

138 and redesignating such section, as so transferred, as 

section 138a; and 

(B) in such section, as so transferred and redesignated, 

by striking ‘‘Deputy Under Secretary’’ each place it appears 

and inserting ‘‘Assistant Secretary’’. 

(2) ADDITIONAL ASSISTANT SECRETARIES.—Section 138 of 

such title is amended— 

(A) by striking subsection (a) and inserting the following new subsection (a): 

‘‘(a)(1) There are 12 Assistant Secretaries of Defense. 

‘‘(2)(A) The Assistant Secretary of Defense referred to in subsection (b)(7) shall be appointed as provided in that subsection. 

‘‘(B) The other Assistant Secretaries of Defense shall be 

appointed from civilian life by the President, by and with the 

advice and consent of the Senate.’’; and 

(B) in subsection (b), by adding the following new paragraphs: 

‘‘(6) One of the Assistant Secretaries shall be the Assistant 

Secretary of Defense for Acquisition. The Assistant Secretary of 

Defense for Acquisition is the principal adviser to the Secretary 

of Defense and the Under Secretary of Defense for Acquisition, 

Technology, and Logistics on matters relating to acquisition. 

‘‘(7) One of the Assistant Secretaries is the Assistant Secretary 

of Defense for Logistics and Materiel Readiness appointed pursuant 

to section 138a of this title. In addition to any duties and powers 

prescribed under paragraph (1), the Assistant Secretary of Defense 

President. 

Effective date. 

10 USC 137a 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2427 

for Logistics and Materiel Readiness shall have the duties specified 

in section 138a of this title.’’. 

(c) CONFORMING AND CLERICAL AMENDMENTS.— 

(1) CONFORMING AMENDMENTS.— 

(A) Section 133a of such title is amended— 

(i) by striking ‘‘Deputy Under Secretary of Defense 

for Acquisition and Technology’’ each place it appears 

and inserting ‘‘Principal Deputy Under Secretary of 

Defense for Acquisition, Technology, and Logistics’’; 

and 

(ii) by striking ‘‘duties relating to acquisition and 

technology’’ and inserting ‘‘duties’’. 

(B) Section 134a of such title is amended by striking 

‘‘Deputy Under Secretary’’ each place it appears and 

inserting ‘‘Principal Deputy Under Secretary’’. 

(C) Section 136a of such title is amended by striking 

‘‘Deputy Under Secretary’’ each place it appears and 

inserting ‘‘Principal Deputy Under Secretary’’. 

(2) SECTION HEADING AMENDMENTS.— 

(A) The heading of section 133a of such title is amended 

to read as follows: 

‘‘§ 133a. Principal Deputy Under Secretary of Defense for 

Acquisition, Technology, and Logistics’’. 

(B) The heading of section 134a of such title is amended 

to read as follows: 

‘‘§ 134a. Principal Deputy Under Secretary of Defense for 

Policy’’. 

(C) The heading of section 136a of such title is amended 

to read as follows: 

‘‘§ 136a. Principal Deputy Under Secretary of Defense for 

Personnel and Readiness’’. 

(D) The heading of section 138a of such title, as transferred and redesignated by subsection (b)(1) of this section, 

is amended to read as follows: 

‘‘§ 138a. Assistant Secretary of Defense for Logistics and 

Materiel Readiness’’. 

(3) CLERICAL AMENDMENTS.—The table of sections at the 

beginning of chapter 4 of such title is amended— 

(A) by striking the item relating to section 133a and 

inserting the following new item: 

‘‘133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, 

and Logistics.’’; 

(B) by striking the item relating to section 134a and 

inserting the following new item: 

‘‘134a. Principal Deputy Under Secretary of Defense for Policy.’’; 

(C) by striking the item relating to section 136a and 

inserting the following new item: 

‘‘136a. Principal Deputy Under Secretary of Defense for Personnel and Readiness.’’; 


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123 STAT. 2428 PUBLIC LAW 111–84—OCT. 28, 2009 

(D) by inserting after the item relating to section 137 

the following new item: 

‘‘137a. Deputy Under Secretaries of Defense.’’; and 

(E) by inserting after the item relating to section 138 

the following new item: 

‘‘138a. Assistant Secretary of Defense for Logistics and Materiel Readiness.’’. 

(d) EXECUTIVE SCHEDULE MATTERS.— (1) LEVEL III.—Section 5314 of title 5, United States Code, 

is amended by striking the item relating to the Deputy Under 

Secretary of Defense for Acquisition and Technology and 

inserting the following new item: 

‘‘Principal Deputy Under Secretary of Defense for Acquisition, Technology, and Logistics.’’. 

(2) LEVEL IV.—Section 5315 of such title is amended— 

(A) by striking the item relating to the Assistant Secretaries of Defense and inserting the following new item: 

‘‘Assistant Secretaries of Defense (12).’’; and 

(B) by striking the items relating to the Deputy Under 

Secretary of Defense for Policy, the Deputy Under Secretary 

of Defense for Personnel and Readiness, and the Deputy 

Under Secretary of Defense for Logistics and Materiel 

Readiness and inserting the following new items: 

‘‘Principal Deputy Under Secretary of Defense for Policy. 

‘‘Principal Deputy Under Secretary of Defense for Personnel 

and Readiness. 

‘‘Principal Deputy Under Secretary of Defense (Comptroller). 

‘‘Principal Deputy Under Secretary of Defense for Intelligence.’’. 

(e) INAPPLICABILITY OF APPOINTMENT REQUIREMENTS TO CER- TAIN INDIVIDUALS SERVING ON DATE OF ENACTMENT.— 

(1) IN GENERAL.—Notwithstanding the amendments made 

by this section, the individual serving in a position specified 

in paragraph (2) on the day before the date of the enactment 

of this Act may continue to serve in such position without 

the requirement for appointment by the President, by and 

with the advice and consent of the Senate, for a period of 

up to four years after the date of the enactment of this Act. 

(2) COVERED POSITIONS.—The positions specified in this 

paragraph are the following: 

(A) The Principal Deputy Under Secretary of Defense 

(Comptroller). 

(B) The Principal Deputy Under Secretary of Defense 

for Intelligence. 

Subtitle B—Space Activities 

SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE AND TECHNOLOGY STRATEGY. 

(a) STRATEGY.— 

(1) DIRECTOR OF NATIONAL INTELLIGENCE.—Paragraph (1) 

of section 2272(a) of title 10, United States Code, is amended 

by striking ‘‘The Secretary of Defense shall develop’’ and 

10 USC 137a 

note. 


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inserting ‘‘The Secretary of Defense and the Director of National 

Intelligence shall jointly develop’’. 

(2) REQUIREMENTS.—Paragraph (2) of such section is 

amended by adding at the end the following new subparagraph: 

‘‘(D) The process for transitioning space science and technology programs to new or existing space acquisition programs.’’. 

(3) SUBMISSION TO CONGRESS.—Paragraph (5) of such section is amended to read as follows: 

‘‘(5) The Secretary of Defense and the Director of National 

Intelligence shall biennially submit the strategy developed under 

paragraph (1) to the congressional defense committees every other 

year on the date on which the President submits to Congress 

the budget for the next fiscal year under section 1105 of title 

31.’’. 

(4) INITIAL REPORT.—The first space science and technology 

strategy required to be submitted under paragraph (5) of section 

2272(a) of title 10, United States Code, as amended by paragraph (3) of this subsection, shall be submitted on the date 

on which the President submits to Congress the budget for 

fiscal year 2012 under section 1105 of title 31, United States 

Code. 

(b) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF

STRATEGY.— 

(1) REVIEW.—The Comptroller General shall review and 

assess the first space science and technology strategy submitted 

under paragraph (5) of section 2272(a) of title 10, United States 

Code, as amended by subsection (a)(3) of this section, and 

the effectiveness of the coordination process required under 

section 2272(b) of such title. 

(2) REPORT.—Not later than 90 days after the date on 

which the Secretary of Defense and the Director of National 

Intelligence submit the first space science and technology 

strategy required to be submitted under paragraph (5) of section 

2272(a) of title 10, United States Code, as amended by subsection (a)(3) of this section, the Comptroller General shall 

submit to the congressional defense committees a report containing the findings and assessment under paragraph (1). 

SEC. 912. PROVISION OF SPACE SITUATIONAL AWARENESS SERVICES 

AND INFORMATION TO NON-UNITED STATES GOVERNMENT 

ENTITIES. 

(a) IN GENERAL.—Section 2274 of title 10, United States Code, 

is amended to read as follows: 

‘‘§ 2274. Space situational awareness services and information: provision to non-United States Government 

entities 

‘‘(a) AUTHORITY.—The Secretary of Defense may provide space 

situational awareness services and information to, and may obtain 

space situational awareness data and information from, non-United 

States Government entities in accordance with this section. Any 

such action may be taken only if the Secretary determines that 

such action is consistent with the national security interests of 

the United States. 

‘‘(b) ELIGIBLE ENTITIES.—The Secretary may provide services 

and information under subsection (a) to, and may obtain data 

10 USC 2272 

note. 

Deadline. 


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and information under subsection (a) from, any non-United States 

Government entity, including any of the following: 

‘‘(1) A State. 

‘‘(2) A political subdivision of a State. 

‘‘(3) A United States commercial entity. 

‘‘(4) The government of a foreign country. 

‘‘(5) A foreign commercial entity. 

‘‘(c) AGREEMENT.—The Secretary may not provide space situational awareness services and information under subsection (a) 

to a non-United States Government entity unless that entity enters 

into an agreement with the Secretary under which the entity— 

‘‘(1) agrees to pay an amount that may be charged by 

the Secretary under subsection (d); 

‘‘(2) agrees not to transfer any data or technical information 

received under the agreement, including the analysis of data, 

to any other entity without the express approval of the Secretary; and 

‘‘(3) agrees to any other terms and conditions considered 

necessary by the Secretary. 

‘‘(d) CHARGES.—(1) As a condition of an agreement under subsection (c), the Secretary may (except as provided in paragraph 

(2)) require the non-United States Government entity entering into 

the agreement to pay to the Department of Defense such amounts 

as the Secretary determines appropriate to reimburse the Department for the costs to the Department of providing space situational 

awareness services or information under the agreement. 

‘‘(2) The Secretary may not require the government of a State, 

or of a political subdivision of a State, to pay any amount under 

paragraph (1). 

‘‘(e) CREDITING OF FUNDS RECEIVED.—(1) Funds received for 

the provision of space situational awareness services or information 

pursuant to an agreement under this section shall be credited, 

at the election of the Secretary, to the following: 

‘‘(A) The appropriation, fund, or account used in incurring 

the obligation. 

‘‘(B) An appropriate appropriation, fund, or account currently available for the purposes for which the expenditures 

were made. 

‘‘(2) Funds credited under paragraph (1) shall be merged with, 

and remain available for obligation with, the funds in the appropriation, fund, or account to which credited. 

‘‘(f) PROCEDURES.—The Secretary shall establish procedures by 

which the authority under this section shall be carried out. As 

part of those procedures, the Secretary may allow space situational 

awareness services or information to be provided through a contractor of the Department of Defense. 

‘‘(g) IMMUNITY.—The United States, any agencies and 

instrumentalities thereof, and any individuals, firms, corporations, 

and other persons acting for the United States, shall be immune 

from any suit in any court for any cause of action arising from 

the provision or receipt of space situational awareness services 

or information, whether or not provided in accordance with this 

section, or any related action or omission. 

‘‘(h) NOTICE OF CONCERNS OF DISCLOSURE OF INFORMATION.— 

If the Secretary determines that a commercial or foreign entity 

has declined or is reluctant to provide data or information to the 

Secretary in accordance with this section due to the concerns of 

Deadline. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2431 

such entity about the potential disclosure of such data or information, the Secretary shall, not later than 60 days after the Secretary 

makes that determination, provide notice to the congressional 

defense committees of the declination or reluctance of such entity.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 135 of such title is amended by striking the item 

relating to section 2274 and inserting the following new item: 

‘‘2274. Space situational awareness services and information: provision to nonUnited States Government entities.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on October 1, 2009, or the date of the enactment 

of this Act, whichever is later. 

SEC. 913. MANAGEMENT AND FUNDING STRATEGY AND IMPLEMENTATION PLAN FOR THE NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM PROGRAM. 

(a) MANAGEMENT AND FUNDING STRATEGY.— (1) IN GENERAL.—The President shall develop a strategy 

for the management and funding of the National Polar-Orbiting 

Operational Environmental Satellite System Program (in this 

section referred to as the ‘‘Program’’) by the Department of 

Defense, the Department of Commerce, and the National Aeronautics and Space Administration. 

(2) ELEMENTS.—The strategy required under paragraph (1) 

shall include the following: 

(A) Requirements for the Program. 

(B) The management structure of the Program. 

(C) A funding profile for the Program for each year 

of the Program for the Department of Defense, the Department of Commerce, and the National Aeronautics and 

Space Administration. 

(b) IMPLEMENTATION PLAN.—The President shall develop a plan 

to implement the strategy required under subsection (a)(1). 

(c) LIMITATION ON USE OF FUNDS.—Of the amounts authorized 

to be appropriated for fiscal year 2010 by section 201(a)(3) for 

research, development, test, and evaluation for the Air Force and 

available for the Program— 

(1) not more than 50 percent of such amounts may be 

obligated or expended before the date on which the strategy 

developed under subsection (a)(1) is submitted to the congressional defense committees, the Committee on Commerce, 

Science, and Transportation of the Senate, and the Committee 

on Science and Technology of the House of Representatives; 

and 

(2) not more than 75 percent of such amounts may be 

obligated or expended before the date on which the plan developed under subsection (c) is submitted to the congressional 

defense committees, the Committee on Commerce, Science, and 

Transportation of the Senate, and the Committee on Science 

and Technology of the House of Representatives. 

(d) SENSE OF CONGRESS.—It is the sense of Congress that 

once all requirements for the Program are fully agreed to by the 

Secretary of Defense, the Secretary of Commerce, and the Administrator of the National Aeronautics and Space Administration, the 

Program should be executed with no modifications to those requirements that would increase the cost, or extend the schedule, of 

the Program. 

President. 

President. 

10 USC 2274 

note. 


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123 STAT. 2432 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle C—Intelligence-Related Matters 

SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY IN 

AUTHORITY TO USE PROCEEDS FROM COUNTERINTELLIGENCE OPERATIONS. 

(a) IN GENERAL.—Section 423 of title 10, United States Code, 

is amended by inserting ‘‘or the Defense Intelligence Agency’’ after 

‘‘the military departments’’ each place it appears in subsections 

(a) and (c). 

(b) CONFORMING AMENDMENTS.— 

(1) HEADING AMENDMENT.—The heading of such section 

is amended to read as follows: 

‘‘§ 423. Authority to use proceeds from counterintelligence 

operations of the military departments or the 

Defense Intelligence Agency’’. 

(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 21 of such title is amended by striking the 

item relating to section 423 and inserting the following new 

item: 

‘‘423. Authority to use proceeds from counterintelligence operations of the military 

departments or the Defense Intelligence Agency.’’. 

SEC. 922. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE INTELLIGENCE ANALYSIS. 

(a) ASSESSMENT AND PLAN.—The Secretary of Defense, in consultation with the Director of National Intelligence, shall— 

(1) conduct an assessment of foreign ballistic missile intelligence analytic gaps and shortfalls; and 

(2) develop a plan to ensure that the appropriate intelligence centers have sufficient analytical capabilities to address 

such gaps and shortfalls. 

(b) REPORT.—Not later than February 28, 2010, the Secretary 

of Defense shall submit to the congressional defense committees, 

the Permanent Select Committee on Intelligence of the House of 

Representatives, and the Select Committee on Intelligence of the 

Senate a report containing— 

(1) the results of the assessment conducted under subsection (a)(1); 

(2) the plan developed under subsection (a)(2); and 

(3) a description of the resources required to implement 

such plan. 

(c) FORM.—The report under subsection (b) shall be submitted 

in unclassified form, but may contain a classified annex. 

Subtitle D—Other Matters 

SEC. 931. IMPLEMENTATION STRATEGY FOR DEVELOPING LEAPAHEAD CYBER OPERATIONS CAPABILITIES. 

(a) STRATEGY REPORT REQUIRED.—Not later than March 1, 

2010, the Under Secretary of Defense for Acquisition, Technology, 

and Logistics shall submit to the congressional defense committees 

a report on a strategy for organizing the research and development 

bodies of the Department of Defense to develop leap-ahead cyber 

operations capabilities. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2433 

(b) ELEMENTS.—The report required by subsection (a) shall 

address the following: 

(1) A description of the management structure and investment review process for coordinating the technology development of advanced offensive and defensive cyber operations 

capabilities— 

(A) among the military departments, the Defense Agencies, the combatant commands, and the intelligence community; 

(B) across all levels of classification, including relevant 

special access programs; and 

(C) based on the identification and prioritization of 

joint cyber operations capabilities gaps. 

(2) Actions taken and recommendations for further 

improving the coordination of research and development of 

offensive and defensive cyber operations capabilities among 

private sector, interagency, non-governmental, and international partners. 

(3) Assessment of the feasibility and utility of regular 

national level, joint, interagency cyber exercises that would 

include, to the extent possible, participants from industry, international militaries, and non-governmental organizations to 

assess technologies, policies, and capabilities. 

(c) COORDINATION.—The report required by subsection (a) shall 

be developed in coordination and concurrence with the Vice Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense 

for Intelligence, the Under Secretary of Defense for Policy, the 

Assistant Secretary of Defense for Networks and Information 

Integration, the Director of the National Security Agency, and the 

commander of the United States Cyber Command. 

(d) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 

(e) CYBER OPERATIONS CAPABILITIES DEFINED.—The term 

‘‘cyber operations capabilities’’ means the range of capabilities 

needed for computer network defense, computer network attack, 

and computer network exploitations. Such term includes technical 

as well as non-materiel solutions. 

SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RESOURCES 

SYSTEM DEVELOPMENT AND TRANSITION. 

(a) IN GENERAL.—The Secretary of Defense shall establish a 

Defense Integrated Military Human Resources System development 

and transition Council to provide advice to the Secretary of Defense 

and the Secretaries of the military departments on the modernization of the integrated pay and personnel system for each military 

department and the collection of data generated by each such 

system into the enterprise information warehouse. 

(b) COUNCIL.—The Council shall include the following members: 

(1) The Deputy Chief Management Officer of the Department of Defense. 

(2) The Director of the Business Transformation Agency. 

(3) The Under Secretary of Defense for Acquisition, Technology, and Logistics, or a designated representative. 

(4) The Under Secretary of Defense for Personnel and 

Readiness, or a designated representative. 

Establishment. 

10 USC 113 note. 


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123 STAT. 2434 PUBLIC LAW 111–84—OCT. 28, 2009 

(5) One representative from each of the Army, Navy, Air 

Force, and Marine Corps who is a lieutenant general or vice 

admiral, or a civilian equivalent. 

(6) One representative of the National Guard Bureau who 

is a lieutenant general or vice admiral, or a civilian equivalent. 

(7) The Assistant Secretary of Defense for Networks and 

Information Integration, or a designated representative. 

(8) The Director of Operational Test and Evaluation, or 

a designated representative. 

(9) Such other individuals as may be designated by the 

Deputy Secretary of Defense, acting in the Deputy Secretary’s 

capacity as the Chief Management Officer. 

(c) MEETINGS.—The Council shall meet not less than twice 

a year, or more often as specified by the Deputy Secretary of 

Defense. 

(d) DUTIES.—The Council shall have the following responsibilities: 

(1) Resolution of significant policy, programmatic, or budgetary issues impeding modernization or deployment of 

integrated personnel and pay systems for each military department, including issues relating to— 

(A) common interfaces, architectures, and systems 

engineering; 

(B) ensuring that developmental systems are consistent 

with current and future enterprise accounting and pay 

and personnel standards and practices; and 

(C) ensuring that developmental systems are consistent 

with current and future Department of Defense business 

enterprise architecture. 

(2) Coordination of implementation of the integrated personnel and pay system within defense organizations to ensure 

interoperability between all appropriate elements of the system. 

(3) Establishment of metrics to assess the following: 

(A) Business process re-engineering needed for successful deployment of the integrated pay and personnel system. 

(B) Interoperability between legacy, operational, and 

developmental pay and personnel systems. 

(C) Interface and systems architecture control and 

standardization. 

(D) Retirement of legacy systems. 

(E) Use of the enterprise information warehouse. 

(F) Any other relevant matters. 

(4) Such other responsibilities as the Secretary determines 

are appropriate. 

(e) TERMINATION.—This section shall not be in effect after September 30, 2013. 

(f) REPORT.—Not later than March 1, 2010, the Secretary of 

Defense shall submit to the congressional defense committees a 

report on actions taken pursuant to this section. 

SEC. 933. REPORT ON SPECIAL OPERATIONS COMMAND ORGANIZATION, MANNING, AND MANAGEMENT. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Commander of the United States 

Special Operations Command shall prepare and submit to the Secretary of Defense a report and recommendations, in accordance 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2435 

with this section, on the organization, manning, and management 

of the command. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A comparison of current and projected fiscal year 2010 

military and civilian end strength levels at special operations 

command headquarters with fiscal year 2000 levels, both actual 

and authorized. 

(2) A comparison of fiscal year 2000 through 2010 special 

operations command headquarters end strength growth with 

the growth of each special operations forces component command headquarters over the same time period, both actual 

and authorized. 

(3) A summary and assessment that identifies the 

resourcing, in terms of manning, training, equipping, and 

funding, that the United States Special Operations Command 

provides to each of the theater special operations commands 

under the geographical combatant commands and a summary 

of personnel specialties assigned to each such command. 

(4) Options and recommendations for reducing staffing 

levels at special operations command headquarters by 5 and 

10 percent, respectively, and an assessment of the opportunity 

costs and management risks associated with each option. 

(5) Recommendations for increasing manning levels, if 

appropriate, at each component command, and especially at 

Army Special Operations Command. 

(6) A plan to sustain the cultural engagement group of 

Special Operations Command Central. 

(7) An assessment of the resourcing requirements to establish capability similar to the cultural engagement group capability at the other theater special operations command locations. 

(8) A review and assessment for improving the relationship 

between the United States Special Operations Command and 

each of the theater special operations commands under the 

geographical combatant commands and the establishment of 

a more direct administrative and collaborative link between 

them. 

(9) A review and assessment of existing Department of 

Defense executive agent support to the United States Special 

Operations Command and its subordinate components, as well 

as commentary about proposals to use the same executive agent 

throughout the special operations community. 

(10) An updated assessment on the specific proposal to 

provide executive agent support from the Defense Logistics 

Agency for the United States Special Operations Command. 

(11) A recommendation and plan for including international 

development and conflict prevention representatives as participants in the Interagency Task Force process. 

(c) SUBMISSION OF REPORT AND RECOMMENDATIONS TO

CONGRESSIONAL DEFENSE COMMITTEES.—Not later than 30 days 

after the date of the submission of the report and recommendations 

required under subsection (a) by the Commander of the United 

States Special Operations Command, the Secretary of Defense shall 

forward the report and recommendations to the congressional 

defense committees, together with such additional comments as 

the Secretary considers appropriate. 


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123 STAT. 2436 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 934. STUDY ON THE RECRUITMENT, RETENTION, AND CAREER 

PROGRESSION OF UNIFORMED AND CIVILIAN MILITARY 

CYBER OPERATIONS PERSONNEL. 

(a) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report assessing the challenges to retention and professional development of cyber operations 

personnel within the Department of Defense. 

(b) MATTERS TO BE ADDRESSED.—The assessment by the Secretary of Defense shall address the following matters: 

(1) The sufficiency of the numbers and types of personnel 

available for cyber operations, including an assessment of the 

balance between military and civilian positions and the availability of personnel with expertise in matters related to cyber 

operations from outside of the Department of Defense. 

(2) The definition and coherence of career fields for both 

members of the Armed Forces and civilian employees of the 

Department of Defense, including the sufficiency of training 

and experience levels required, and measures to improve them 

if necessary. 

(3) The types of recruitment and retention incentives available to members of the Armed Forces and civilian employees 

of the Department of Defense. 

(4) Identification of legal, policy, or administrative impediments to attracting and retaining cyber operations personnel. 

(5) The standards used by the Department of Defense to 

measure effectiveness at recruiting, retaining, and ensuring 

an adequate career progression for cyber operations personnel. 

(6) The effectiveness of educational and outreach activities 

used to attract, retain, and reward cyber operations personnel, 

including how to expand outreach to academic institutions and 

improve coordination with other civilian agencies and industrial 

partners. 

(7) The management of educational and outreach activities 

used to attract, retain, and reward cyber operations personnel, 

such as the National Centers of Academic Excellence in 

Information Assurance Education. 

(8) Efforts to establish public-private partnerships to meet 

the needs of the Department with respect to cyber operations 

personnel and training. 

(9) Recommendations for legislative changes necessary to 

increase the availability of cyber operations personnel. 

(c) CYBER OPERATIONS PERSONNEL DEFINED.—In this section, 

the term ‘‘cyber operations personnel’’ refers to members of the 

Armed Forces and civilian employees of the Department of Defense 

involved with the operations and maintenance of a computer network connected to the global information grid, as well as offensive, 

defensive, and exploitation functions of such a network. 

SEC. 935. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED 

AIRCRAFT SYSTEMS. 

(a) IN GENERAL.—The Secretary of Defense and the Secretary 

of Transportation shall, after consultation with the Secretary of 

Homeland Security, jointly develop a plan for providing expanded 

access to the national airspace for unmanned aircraft systems of 

the Department of Defense. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2437 

(b) ELEMENTS.—The plan required by subsection (a) shall 

include the following: 

(1) A description of how the Department of Defense and 

the Department of Transportation will communicate and 

cooperate, at the executive, management, and action levels, 

to provide expanded access to the national airspace for 

unmanned aircraft systems of the Department of Defense. 

(2) Specific milestones, taking into account the operational 

and training needs of the Department of Defense and the 

safety and air traffic management needs of the Department 

of Transportation, for providing expanded access to the national 

airspace for unmanned aircraft systems and a transition plan 

for sites programmed to be activated as unmanned aerial 

system sites during fiscal years 2010 through 2015. 

(3) Recommendations for policies with respect to use of 

the national airspace, flight standards, and operating procedures that should be implemented by the Department of 

Defense and the Department of Transportation to accommodate 

unmanned aircraft systems assigned to any State or territory 

of the United States. 

(4) An identification of resources required by the Department of Defense and the Department of Transportation to execute the plan. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense and the Secretary 

of Transportation shall submit a report containing the plan required 

by subsection (a) to the following committees: 

(1) The congressional defense committees. 

(2) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives. 

(3) The Committee on Homeland Security and Government 

Affairs of the Senate and the Committee on Homeland Security 

of the House of Representatives. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Relationship of the quadrennial defense review and the annual budget 

request. 

Sec. 1003. Audit readiness of financial statements of the Department of Defense. 

Subtitle B—Counter-Drug Activities 

Sec. 1011. Unified counter-drug and counterterrorism campaign in Colombia. 

Sec. 1012. Joint task forces support to law enforcement agencies conducting 

counter-terrorism activities. 

Sec. 1013. Reporting requirement on expenditures to support foreign counter-drug 

activities. 

Sec. 1014. Support for counter-drug activities of certain foreign governments. 

Sec. 1015. Border coordination centers in Afghanistan and Pakistan. 

Sec. 1016. Comptroller General report on effectiveness of accountability measures 

for assistance from counter-narcotics central transfer account. 

Subtitle C—Naval Vessels and Shipyards 

Sec. 1021. Sense of Congress on the maintenance of a 313-ship Navy. 

Sec. 1022. Designation of U.S.S. Constitution as America’s Ship of State. 

Sec. 1023. Temporary reduction in minimum number of operational aircraft carriers. 

Sec. 1024. Sense of Congress concerning the disposition of Submarine NR–1. 


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123 STAT. 2438 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle D—Miscellaneous Requirements, Authorities, and Limitations 

Sec. 1031. Prohibition relating to propaganda. 

Sec. 1032. Responsibility for preparation of biennial global positioning system report. 

Sec. 1033. Reports on bandwidth requirements for major defense acquisition programs and major system acquisition programs. 

Sec. 1034. Additional duties for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents. 

Sec. 1035. Charter for the National Reconnaissance Office. 

Sec. 1036. National strategic five-year plan for improving the nuclear forensic and 

attribution capabilities of the United States. 

Sec. 1037. Authorization of appropriations for payments to Portuguese nationals 

employed by the Department of Defense. 

Sec. 1038. Prohibition on interrogation of detainees by contractor personnel. 

Sec. 1039. Notification and access of International Committee of the Red Cross 

with respect to detainees at Theater Internment Facility at Bagram Air 

Base, Afghanistan. 

Sec. 1040. No Miranda Warnings for Al Qaeda Terrorists. 

Sec. 1041. Limitation on use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 1042. Additional subpoena authority for the Inspector General of the Department of Defense. 

Sec. 1043. Limitations on modifications of certain Government furnished equipment; one-time authority to transfer certain military prototype. 

Subtitle E—Studies and Reports 

Sec. 1051. Report on statutory compliance of the report on the 2009 quadrennial 

defense review. 

Sec. 1052. Report on the force structure findings of the 2009 quadrennial defense 

review. 

Sec. 1053. Annual report on the electronic warfare strategy of the Department of 

Defense. 

Sec. 1054. Study on a system for career development and management of interagency national security professionals. 

Sec. 1055. Report on nuclear aspirations of non-state entities, nuclear weapons and 

related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons. Sec. 1056. Comptroller General review of Department of Defense spending in final 

fiscal quarters. 

Sec. 1057. Report on Air America. 

Sec. 1058. Report on defense travel simplification. 

Sec. 1059. Report on modeling and simulation technological and industrial base. 

Sec. 1060. Report on enabling capabilities for special operations forces. 

Sec. 1061. Additional members and duties for the independent panel to assess the 

quadrennial defense review. 

Sec. 1062. Congressional earmarks relating to the Department of Defense. 

Sec. 1063. Report on basing plans for certain United States geographic combatant 

commands. 

Subtitle F—Other Matters 

Sec. 1071. Extension of certain authority for making rewards for combating terrorism. 

Sec. 1072. Business process reengineering. 

Sec. 1073. Technical and clerical amendments. 

Sec. 1074. Extension of sunset for congressional commission on the strategic posture of the United States. 

Sec. 1075. Combat air forces restructuring. 

Sec. 1076. Sense of Congress regarding carrier air wing force structure. 

Sec. 1077. Department of Veterans Affairs use of service dogs for the treatment or 

rehabilitation of veterans with physical or mental injuries or disabilities. 

Sec. 1078. Plan for sustainment of land-based solid rocket motor industrial base. 

Sec. 1079. Justice for victims of torture and terrorism. 

Sec. 1080. Requirement for videotaping or otherwise electronically recording strategic intelligence interrogations of persons in the custody of or under the 

effective control of the Department of Defense. 

Sec. 1081. Modification of pilot program on commercial fee-for-service air refueling 

support for the air force. 

Sec. 1082. Multiyear contracts under pilot program on commercial fee-for-service 

air refueling support for the Air Force. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2439 

Sec. 1083. Disclosure of names of students and instructors at Western Hemisphere 

Institute for Security Cooperation. Sec. 1084. Sense of Congress regarding the Western Hemisphere Institute for Security Cooperation. 

Subtitle A—Financial Matters 

SEC. 1001. GENERAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— (1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this division for 

fiscal year 2010 between any such authorizations for that fiscal 

year (or any subdivisions thereof). Amounts of authorizations 

so transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—Except as provided in paragraph (3), the 

total amount of authorizations that the Secretary may transfer 

under the authority of this section may not exceed 

$4,000,000,000. 

(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PER- SONNEL AUTHORIZATIONS.—A transfer of funds between military 

personnel authorizations under title IV shall not be counted 

toward the dollar limitation in paragraph (2). 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations— 

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority 

is transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for the account 

to which the amount is transferred by an amount equal to the 

amount transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

SEC. 1002. RELATIONSHIP OF THE QUADRENNIAL DEFENSE REVIEW 

AND THE ANNUAL BUDGET REQUEST. 

Section 118 of title 10, United States Code, is amended by 

adding at the end the following new subsection: 

‘‘(h) RELATIONSHIP TO BUDGET.—Nothing in this section shall 

be construed to affect section 1105(a) of title 31.’’. 

SEC. 1003. AUDIT READINESS OF FINANCIAL STATEMENTS OF THE 

DEPARTMENT OF DEFENSE. 

(a) FINANCIAL IMPROVEMENT AUDIT READINESS PLAN.— (1) IN GENERAL.—The Chief Management Officer of the 

Department of Defense shall, in consultation with the Under 

Secretary of Defense (Comptroller), develop and maintain a 

plan to be known as the ‘‘Financial Improvement and Audit 

Readiness Plan’’. 

(2) ELEMENTS.—The plan required by paragraph (1) shall— 

(A) describe specific actions to be taken and the costs 

associated with— 

10 USC 2222 

note. 


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123 STAT. 2440 PUBLIC LAW 111–84—OCT. 28, 2009 

(i) correcting the financial management deficiencies that impair the ability of the Department of 

Defense to prepare timely, reliable, and complete financial management information; and 

(ii) ensuring the financial statements of the 

Department of Defense are validated as ready for audit 

by not later than September 30, 2017; 

(B) systematically tie the actions described under 

subparagraph (A) to process and control improvements and 

business systems modernization efforts described in the 

business enterprise architecture and transition plan 

required by section 2222 of title 10, United States Code; 

(C) prioritize— 

(i) improving the budgetary information of the 

Department of Defense, in order to achieve an unqualified audit opinion on the Department’s statements of 

budgetary resources; and 

(ii) as a secondary goal, improving the accuracy 

and reliability of management information on the 

Department’s mission-critical assets (military and general equipment, real property, inventory, and operating 

materials and supplies) and validating its accuracy 

through existence and completeness audits; and 

(D) include interim goals, including— 

(i) the objective of ensuring that the financial statement of each of the Department of the Army, the 

Department of the Navy, the Department of the Air 

Force, and the Defense Logistics Agency is validated 

as ready for audit: and 

(ii) a schedule setting forth milestones for elements 

of the military departments and financial statements 

of the military departments to be made ready for audit 

as part of the progress required to meet the objectives 

established pursuant to clause (i) of this subparagraph 

and clause (ii) of subparagraph (A) of this paragraph. 

(b) SEMI-ANNUAL REPORTS ON FINANCIAL IMPROVEMENT AND

AUDIT READINESS PLAN.— 

(1) IN GENERAL.—Not later than May 15 and November 

15 each year, the Under Secretary of Defense (Comptroller) 

shall submit to the congressional defense committees a report 

on the status of the implementation by the Department of 

Defense of the Financial Improvement and Audit Readiness 

Plan required by subsection (a). 

(2) ELEMENTS.—Each report under paragraph (1) shall 

include, at a minimum— 

(A) an overview of the steps the Department has taken 

or plans to take to meet the objectives specified in subsection (a)(2)(A), including progress toward achieving the 

interim goals and milestone schedule established pursuant 

to subsection (a)(2)(D); and 

(B) a description of any impediments identified in the 

efforts of the Department to meet such objectives, and 

of the actions the Department has taken or plans to take 

to address such impediments. 

(3) ADDITIONAL ISSUES TO BE ADDRESSED IN FIRST REPORT.— The first report submitted under paragraph (1) after the date 

of the enactment of this Act shall address, in addition to the 


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elements required by paragraph (2), the actions taken or to 

be taken by the Department as follows: 

(A) To develop standardized guidance for financial 

improvement plans by components of the Department. 

(B) To establish a baseline of financial management 

capabilities and weaknesses at the component level of the 

Department. 

(C) To provide results-oriented metrics for measuring 

and reporting quantifiable results toward addressing financial management deficiencies. 

(D) To define the oversight roles of the Chief Management Officer of the Department of Defense, the chief 

management officers of the military departments, and other 

appropriate elements of the Department to ensure that 

the requirements of the Financial Improvement and Audit 

Readiness Plan are carried out. 

(E) To assign accountability for carrying out specific 

elements of the Financial Improvement and Audit Readiness Plan to appropriate officials and organizations at the 

component level of the Department. 

(F) To develop mechanisms to track budgets and 

expenditures for the implementation of the requirements 

of the Financial Improvement and Audit Readiness Plan. 

(G) To develop a mechanism to conduct audits of the 

military intelligence programs and agencies and to submit 

audited financial statements for such agencies to Congress 

in a classified manner. 

(c) RELATIONSHIP TO EXISTING LAW.—The requirements of this 

section shall be implemented in a manner that is consistent with 

the requirements of section 1008 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1204; 

10 U.S.C. 2222 note). 

Subtitle B—Counter-Drug Activities 

SEC. 1011. UNIFIED COUNTER-DRUG AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA. 

Section 1021 of the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 

Stat. 2042), as most recently amended by section 1023 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 122 Stat. 4586), is further amended— 

(1) in subsection (a), by striking ‘‘2009’’ and inserting 

‘‘2010’’; and 

(2) in subsection (c), by striking ‘‘2009’’ and inserting 

‘‘2010’’. 

SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW ENFORCEMENT 

AGENCIES CONDUCTING COUNTER-TERRORISM ACTIVITIES. 

(a) EXTENSION OF AUTHORITY.—Section 1022(b) of the National 

Defense Authorization Act for Fiscal Year 2004 (Public Law 108– 

136; 10 U.S.C. 371 note), as most recently amended by section 

1022 of the Duncan Hunter National Defense Authorization Act 

for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), is 

further amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 


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123 STAT. 2442 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) ANNUAL REPORT.—Subsection (c) of section 1022 of the 

National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 

371 note) is amended to read as follows: 

‘‘(c) ANNUAL REPORT.—Not later than December 31 of each 

year after 2008 in which the authority in subsection (a) is in 

effect, the Secretary of Defense shall submit to Congress a report 

setting forth, for the one-year period ending on the date of such 

report, the following: 

‘‘(1) An assessment of the effect on counter-drug and 

counter-terrorism activities and objectives of using counterdrug funds of a joint task force to provide counterterrorism 

support authorized by subsection (a). 

‘‘(2) A description of the type of support and any recipient 

of support provided under subsection (a). 

‘‘(3) A list of current joint task forces conducting counterdrug operations.’’. 

SEC. 1013. REPORTING REQUIREMENT ON EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES. 

Section 1022(a) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–255), as most recently 

amended by section 1021 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4586), is further amended by striking ‘‘April 15, 2006’’ and 

all that follows through ‘‘February 15, 2009’’ and inserting ‘‘February 15, 2010’’. 

SEC. 1014. SUPPORT FOR COUNTER-DRUG ACTIVITIES OF CERTAIN 

FOREIGN GOVERNMENTS. 

(a) IN GENERAL.—Subsection (a)(2) section 1033 of the National 

Defense Authorization Act for Fiscal Year 1998 (Public Law 105– 

85; 111 Stat. 1881), as most recently amended by section 1024(a) 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4587), is further amended 

by striking ‘‘2009’’ and inserting ‘‘2010’’. 

(b) MAXIMUM AMOUNT OF SUPPORT.—Subsection (e)(2) of such 

section is amended by striking ‘‘fiscal year 2009’’ and inserting 

‘‘either of fiscal years 2009 and 2010’’. 

(c) CONDITIONS ON PROVISION OF SUPPORT.—Subsection (f)(2) 

of such section is amended in the matter preceding subparagraph 

(A) by striking ‘‘for fiscal year 2009 to carry out this section and 

the first fiscal year in which the support is to be provided’’ and 

inserting ‘‘and available for support’’. 

(d) COUNTER-DRUG PLAN.—Subsection (h) of such section is 

amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘fiscal 

year 2009’’ and inserting ‘‘for each fiscal year’’; and 

(2) in paragraph (7), by striking ‘‘fiscal year 2009, and 

thereafter, for the first fiscal year in which support is to be 

provided’’ and inserting ‘‘each fiscal year in which support 

is to be provided to a government’’. 

SEC. 1015. BORDER COORDINATION CENTERS IN AFGHANISTAN AND 

PAKISTAN. 

(a) PROHIBITION ON USE OF COUNTER-NARCOTIC ASSISTANCE

FOR BORDER COORDINATION CENTERS.— 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2443 

(1) PROHIBITION.—Amounts available for drug interdiction 

and counter-drug activities of the Department of Defense may 

not be expended for the construction, expansion, repair, or 

operation and maintenance of any existing or proposed border 

coordination center. 

(2) RULE OF CONSTRUCTION.—Paragraph (1) does not prohibit or limit the use of other funds available to the Department 

of Defense to construct, expand, repair, or operate and maintain 

border coordination centers. 

(b) LIMITATION ON ESTABLISHMENT OF ADDITIONAL CENTERS.— 

(1) LIMITATION.—The Secretary of Defense may not 

authorize the establishment, or any construction in connection 

with the establishment, of a third border coordination center 

in the area of operations of Regional Command–East in the 

Islamic Republic of Afghanistan until a border coordination 

center has been constructed, or is under construction, in 

either— 

(A) the area of operations of Regional Command–South 

in the Islamic Republic of Afghanistan; or 

(B) Baluchistan in the Islamic Republic of Pakistan. 

(2) NATIONAL SECURITY WAIVER.—The Secretary may waive 

the limitation under paragraph (1) if the Secretary determines 

that such a waiver is vital to the national security interests 

of the United States. The Secretary shall promptly submit 

to Congress notice in writing of any waiver under this paragraph. 

(c) BORDER COORDINATION CENTER DEFINED.—In this section, 

the term ‘‘border coordination center’’ means a multilateral military 

coordination and intelligence center that is located, or intended 

to be located, near the border between the Islamic Republic of 

Afghanistan and the Islamic Republic of Pakistan. 

SEC. 1016. COMPTROLLER GENERAL REPORT ON EFFECTIVENESS OF 

ACCOUNTABILITY MEASURES FOR ASSISTANCE FROM 

COUNTER-NARCOTICS CENTRAL TRANSFER ACCOUNT. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General shall submit 

to the congressional defense committees a report on the performance 

evaluation system used by the Secretary of Defense to assess the 

effectiveness of assistance provided for foreign nations to achieve 

the counter-narcotics objectives of the Department of Defense. The 

report shall be unclassified, but may contain a classified annex. 

(b) ELEMENTS.—The report required by subsection (a) shall 

contain the following: 

(1) A description of the performance evaluation system 

of the Department of Defense used to determine the efficiency 

and effectiveness of counter-narcotics assistance provided by 

the Department of Defense to foreign nations. 

(2) An assessment of the ability of the performance evaluation system to accurately measure the efficiency and effectiveness of such counter-narcotics assistance. 

(3) Detailed recommendations on how to improve the 

capacity of the performance evaluation system for the counternarcotics central transfer account. 

Notice. 

Determination. 


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123 STAT. 2444 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle C—Naval Vessels and Shipyards 

SEC. 1021. SENSE OF CONGRESS ON THE MAINTENANCE OF A 313- 

SHIP NAVY. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Department of the Navy has a stated requirement 

for a 313-ship fleet. 

(2) The Navy can better meet this requirement— 

(A) by procuring sufficient numbers of new ships; and 

(B) by ensuring the sound material condition of existing 

ships that will enable the Navy to utilize them for their 

full planned service lives. 

(3) When procuring new classes of ships, the Navy must 

exercise greater caution than it has exhibited to date in proceeding from one stage of the acquisition cycle to the next 

before a ship program has achieved a level of maturity that 

significantly lowers the risk of cost growth and schedule slippage. 

(4) In retaining existing assets, the Navy can do a much 

better job of achieving the full planned service lives of ships 

and extending the service lives of certain ships so as to keep 

their unique capabilities in the fleet while the Navy takes 

the time necessary to develop and field next-generation capabilities under a low risk program. 

(5) The Navy can undertake certain development 

approaches that can help the Navy control the total costs of 

ownership of a ship or class of ships, including emphasizing 

common hull designs, open architecture combat systems, and 

other common ship systems in order to achieve efficiency in 

acquiring and supporting various classes of ships. 

(6) The Navy needs to continue its efforts toward achieving 

an open architecture for existing combat systems, as this will 

have great benefit in reducing the costs and risks of fielding 

new classes of ships, and will yield recurring savings from 

reducing the costs of buying later ships in a program and 

reducing life cycle support costs for ships and classes of ships. 

(7) The Navy can also undertake other measures to acquire 

new ships and maintain the current fleet with greater efficiency, including— 

(A) greater use of fixed-price contracts; 

(B) maximizing competition (or the option of competition) throughout the life cycle of its ships; 

(C) entering into multi-year contracts when warranted; 

and 

(D) employing an incremental approach to developing 

new technologies. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the Navy should meet its requirement for a 313-ship 

fleet until such time that modifications to the Navy’s ship 

fleet force structure are warranted, and the Secretary of the 

Navy provides Congress with a justification of any proposed 

modifications, supported by rigorous and sufficient warfighting 

analysis; 

(2) the Navy should take greater care to achieve the full 

planned service life of existing ships and reduce the incidence 

of early ship decommissioning; 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2445 

(3) the Navy should exercise greater restraint on the 

acquisition process for ships in order to achieve on-time, oncost shipbuilding programs; and 

(4) Congress should support the Navy when it is acting 

responsibly to undertake measures that can help the Navy 

achieve the requirement for a 313-ship fleet and maintain 

a fleet that is adequate to meet the national security needs 

of the United States. 

SEC. 1022. DESIGNATION OF U.S.S. CONSTITUTION AS AMERICA’S SHIP 

OF STATE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) In the Act entitled ‘‘An Act to Provide a Naval 

Armament’’, approved on March 27, 1794 (1 Stat. 350, Chap. 

XII), the 3rd Congress authorized the construction of six frigates 

as the first ships to be built for the United States Navy. 

(2) One of the six frigates was built in Boston, Massachusetts, between 1794 and 1797, and is the only one of the 

original six ships to survive. 

(3) President George Washington named this frigate ‘‘Constitution’’ to represent the Nation’s founding document. 

(4) President Thomas Jefferson, asserting the right of the 

United States to trade on the high seas, dispatched the frigate 

Constitution in 1803 as the flagship of the Mediterranean 

Squadron to end the depredations of the Barbary States against 

United States ships and shipping, which led to a treaty being 

signed with the Bashaw of Tripoli in the captain’s cabin aboard 

the frigate Constitution on June 4, 1805. 

(5) The frigate Constitution, with her defeat of the H.M.S. 

Guerriere, secured the first major victory by the young United 

States Navy against the Royal Navy during the War of 1812, 

gaining in the process the nickname ‘‘Old Ironsides’’, which 

she has proudly carried since. 

(6) Congress awarded gold medals to four of the ship’s 

commanding officers (Preble, Hull, Stewart, and Bainbridge), 

a record unmatched by any other United States Navy vessel. 

(7) The frigate Constitution emerged from the War of 1812 

undefeated, having secured victories over three additional ships 

of the Royal Navy. 

(8) As early as May 1815, the frigate Constitution had 

already been adopted as a symbol of the young Republic, as 

attested by the [Washington] National Intelligencer which proclaimed, ‘‘Let us keep ‘Old Ironsides’ at home. She has, literally 

become the Nation’s Ship . . . and should thus be preserved 

. . . in honorable pomp, as a glorious Monument of her own, 

and our other Naval Victories.’’. 

(9) Rumors in 1830 that ‘‘Old Ironsides’’, an aging frigate, 

was about to be scrapped resulted in a public uproar demanding 

that the ship be restored and preserved, spurred by Oliver 

Wendell Holmes’ immortal poem ‘‘Old Ironsides’’. 

(10) ‘‘Old Ironsides’’ circumnavigated the world between 

1844 and 1846, showing the American flag as she searched 

for future coaling stations that would eventually fuel the steampowered navy of the United States. 

(11) The first Pope to set foot on United States sovereign 

territory was Pius IX onboard the frigate Constitution in 1849. 


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123 STAT. 2446 PUBLIC LAW 111–84—OCT. 28, 2009 

(12) On April 25, 1860, ‘‘Old Ironsides’’ evacuated the midshipmen of the United States Naval Academy from Annapolis, 

Maryland, to Newport, Rhode Island, preventing the young 

officers and the esteemed ship from falling into Confederate 

hands. 

(13) In 1896, Congressman John F. ‘‘Honey Fitz’’ Fitzgerald 

introduced legislation to return ‘‘Old Ironsides’’ from the Portsmouth Naval Shipyard in New Hampshire, where she was 

moored pier side and largely forgotten, to Boston for her 100th 

birthday. 

(14) Thousands of school children contributed pennies 

between 1925 an 1927 to help fund a much needed restoration 

for ‘‘Old Ironsides’’. 

(15) Between 1931 and 1934, more than 4,500,000 Americans gained inspiration, at the depth of the Great Depression, 

by going aboard ‘‘Old Ironsides’’ as she was towed to 76 ports 

on the Atlantic, Gulf, and Pacific coasts. 

(16) The 83rd Congress enacted the Act of July 23, 1954 

(68 Stat. 527, chapter 565), which directed the Secretary of 

the Navy to transfer to the States and appropriate commissions 

four other historic ships then on the Navy inventory, and 

to repair and equip the U.S.S. Constitution, as much as practicable, to her original condition, but not for active service. 

(17) Queen Elizabeth II paid a formal visit to the U.S.S. 

Constitution in 1976, at the start of her state visit marking 

the bicentennial of the United States. 

(18) The U.S.S. Constitution, in celebration of her bicentennial, returned to sea under sail on July 21, 1997, for the 

first time since 1881, proudly setting sails purchased by the 

contributions of thousands of pennies given by school children 

across the United States. 

(19) The U.S.S. Constitution is the oldest commissioned 

warship afloat in the world. 

(20) The U.S.S. Constitution is a national historic landmark. 

(21) The U.S.S. Constitution continues to perform official, 

ceremonial duties, including in recent years hosting a congressional dinner honoring the late Senator John Chafee of Rhode 

Island, a special salute for the dedication of the John Moakley 

Federal Courthouse, a luncheon honoring British Ambassador 

Sir David Manning, and a special underway demonstration 

during which 60 Medal of Honor recipients each received a 

personal Medal of Honor flag. 

(22) The U.S.S. Constitution celebrated on October 21, 

2007, the 210th anniversary of her launching. 

(23) The U.S.S. Constitution will remain a commissioned 

ship in the United States Navy, with the Navy retaining control 

of the ship, its material condition, and its employment. 

(24) The U.S.S. Constitution’s primary mission will remain 

education and public outreach, and any Ship of State functions 

will be an adjunct to the ship’s primary mission. 

(b) DESIGNATION AS AMERICA’S SHIP OF STATE.— 

(1) IN GENERAL.—The U.S.S. Constitution is hereby designated as ‘‘America’s Ship of State’’. 

(2) REFERENCES.—The U.S.S. Constitution may be known 

or referred to as ‘‘America’s Ship of State’’. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2447 

(3) SENSE OF CONGRESS.—It is the sense of Congress that 

the President, Vice President, executive branch officials, and 

members of Congress should use the U.S.S. Constitution for 

the conducting of pertinent matters of state, such as hosting 

visiting heads of state, signing legislation relating to the Armed 

Forces, and signing maritime related treaties. 

(4) FEE OR REIMBURSEMENT STRUCTURE FOR NON-DEPART- MENT OF THE NAVY USE.—The Secretary of the Navy shall 

determine an appropriate fee or reimbursement structure for 

any non-Department of the Navy entities using the U.S.S. 

Constitution for Ship of State purposes. 

SEC. 1023. TEMPORARY REDUCTION IN MINIMUM NUMBER OF OPERATIONAL AIRCRAFT CARRIERS. 

(a) TEMPORARY WAIVER.—Notwithstanding section 5062(b) of 

title 10, United States Code, during the period beginning on the 

date of the inactivation of the U.S.S. Enterprise (CVN–65) scheduled, as of the date of the enactment of this Act, for fiscal year 

2013 and ending on the date of the commissioning into active 

service of the U.S.S. Gerald R. Ford (CVN–78), the number of 

operational aircraft carriers in the naval combat forces of the Navy 

may be 10. 

(b) EVALUATION AND REPORT.— 

(1) EVALUATION.—During fiscal year 2012, the Chairman 

of the Joint Chiefs of Staff, in coordination with the commanders of the combatant commands, shall evaluate the 

required postures and capabilities of each of the combatant 

commands to assess the level of increased risk that could result 

due to a temporary reduction in the total number of operational 

aircraft carriers following the inactivation of the U.S.S. Enterprise (CVN–65). 

(2) REPORT TO CONGRESS.—Together with the budget materials submitted to Congress by the Secretary of Defense in 

support of the President’s budget for fiscal year 2013, the 

Secretary of Defense shall submit to the congressional defense 

committees a report containing the findings of the evaluation 

conducted pursuant to paragraph (1), and the basis for each 

such finding. 

SEC. 1024. SENSE OF CONGRESS CONCERNING THE DISPOSITION OF 

SUBMARINE NR–1. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Deep Submergence Vessel NR–1 (hereinafter in 

this section referred to as ‘‘NR–1’’) was built by the Electric 

Boat Company in Groton, Connecticut, entered service in 1969, 

and was the only nuclear-powered research submersible in 

the United States Navy. 

(2) NR–1 was assigned to Naval Submarine Base New 

London, located in Groton, Connecticut, throughout her entire 

service life. 

(3) NR–1 was inactivated in December 2008. 

(4) Due to the unique capabilities of NR–1, it conducted 

numerous missions of significant military and scientific value 

most notably in the fields of geological survey and oceanographic research. 

(5) In 1986, NR–1 played a key role in the search for 

and recovery of the Space Shuttle Challenger. 

Time period. 


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123 STAT. 2448 PUBLIC LAW 111–84—OCT. 28, 2009 

(6) The mission of the Submarine Force Library and 

Museum in Groton, Connecticut, is to collect, preserve, and 

interpret the history of the United States Naval Submarine 

Force in order to honor veterans and to educate naval personnel 

and the public in the heritage and traditions of the Submarine 

Force. 

(7) NR–1 is a unique and irreplaceable part of the history 

of the Navy and the Submarine Force and an educational 

and historical asset that should be shared with the Nation 

and the world. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) NR–1 is a unique and irreplaceable part of the Nation’s 

history and as much of the vessel as possible should be preserved for the historical and educational benefit of all Americans at the Submarine Force Library and Museum in Groton, 

Connecticut; and 

(2) the Secretary of the Navy should ensure that as much 

of the vessel as possible, including unique components of onboard equipment and clearly recognizable sections of the hull 

and superstructure, to the full extent practicable, are made 

available for transfer to the Submarine Force Library and 

Museum. 

Subtitle D—Miscellaneous Requirements, 

Authorities, and Limitations 

SEC. 1031. PROHIBITION RELATING TO PROPAGANDA. 

(a) IN GENERAL.— 

(1) PROHIBITION.—Chapter 134 of title 10, United States 

Code, is amended by inserting after section 2241 the following 

new section: 

‘‘§ 2241a. Prohibition on use of funds for publicity or propaganda purposes within the United States 

‘‘Funds available to the Department of Defense may not be 

obligated or expended for publicity or propaganda purposes within 

the United States not otherwise specifically authorized by law.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter I of such chapter is amended by adding 

at the end the following new item: 

‘‘2241a. Prohibition on use of funds for publicity or propaganda purposes within the 

United States.’’. 

(b) EFFECTIVE DATE.—Section 2241a of title 10, United States 

Code, as added by subsection (a), shall take effect on October 

1, 2009, or the date of the enactment of this Act, whichever is 

later. 

SEC. 1032. RESPONSIBILITY FOR PREPARATION OF BIENNIAL GLOBAL 

POSITIONING SYSTEM REPORT. 

(a) IN GENERAL.—Section 2281(d) of title 10, United States 

Code, is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘the Secretary of Defense’’ and inserting 

‘‘the Deputy Secretary of Defense and the Deputy Secretary 

of Transportation, in their capacity as co-chairs of the 

10 USC 2241a 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2449 

National Executive Committee for Space-Based Positioning, 

Navigation, and Timing,’’; and 

(B) by striking ‘‘the Committee on Armed Services 

of the Senate and the Committee on Armed Services of 

the House of Representatives’’ and inserting ‘‘the Committees on Armed Services and Commerce, Science, and 

Transportation of the Senate and the Committees on Armed 

Services, Energy and Commerce, and Transportation and 

Infrastructure of the House of Representatives’’; and 

(2) by striking paragraph (2) and inserting the following 

new paragraph (2): 

‘‘(2) In preparing each report required under paragraph (1), 

the Deputy Secretary of Defense and the Deputy Secretary of 

Transportation, in their capacity as co-chairs of the National Executive Committee for Space-Based Positioning, Navigation, and 

Timing, shall consult with the Secretary of Defense, the Secretary 

of State, the Secretary of Transportation, and the Secretary of 

Homeland Security.’’. 

(b) TECHNICAL AMENDMENTS.—Paragraph (1)(B)(ii) of such section is amended— 

(1) by inserting ‘‘validated’’ before ‘‘performance requirements’’; and 

(2) by inserting ‘‘in accordance with Office of Management 

and Budget Circular A–109’’ after ‘‘Plan’’. 

SEC. 1033. REPORTS ON BANDWIDTH REQUIREMENTS FOR MAJOR 

DEFENSE ACQUISITION PROGRAMS AND MAJOR SYSTEM 

ACQUISITION PROGRAMS. 

Section 1047(d) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4603; 10 U.S.C. 2366b note) is amended to read as follows: 

‘‘(d) FORMAL REVIEW PROCESS FOR BANDWIDTH REQUIRE- MENTS.— 

‘‘(1) IN GENERAL.—The Secretary of Defense and the 

Director of National Intelligence shall, as part of the Milestone 

B or Key Decision Point B approval process for any major 

defense acquisition program or major system acquisition program, establish a formal review process to ensure that— 

‘‘(A) the bandwidth requirements needed to support 

such program are or will be met; and 

‘‘(B) a determination will be made with respect to 

how to meet the bandwidth requirements for such program. 

‘‘(2) REPORTS.—Not later than January 1 of each year, 

the Secretary of Defense and the Director of National Intelligence shall each submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and 

the Permanent Select Committee on Intelligence of the House 

of Representatives a report on any determinations made under 

paragraph (1) with respect to meeting the bandwidth requirements for major defense acquisition programs and major system 

acquisition programs during the preceding fiscal year.’’. 

SEC. 1034. ADDITIONAL DUTIES FOR ADVISORY PANEL ON DEPARTMENT OF DEFENSE CAPABILITIES FOR SUPPORT OF CIVIL 

AUTHORITIES AFTER CERTAIN INCIDENTS. 

(a) ADDITIONAL DUTIES.—Section 1082(d) of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 337) is amended— 

Consultation. 


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123 STAT. 2450 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) by redesignating paragraphs (7) and (8) as paragraphs 

(9) and (10), respectively; and 

(2) by inserting after paragraph (6) the following new paragraphs: 

‘‘(7) assess the adequacy of the process and methodology 

by which the Department of Defense establishes and maintains 

dedicated, special, and general purpose forces for conducting 

operations described in paragraph (1); 

‘‘(8) assess the adequacy of the resources planned and 

programmed by the Department of Defense to ensure the 

preparedness and capability of dedicated, special, and general 

purpose forces for conducting operations described in paragraph 

(1);’’. 

(b) TECHNICAL AMENDMENTS.—Section 1082(d) of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 337) is further amended— 

(1) in paragraph (1), by striking ‘‘in support to’’ and 

inserting ‘‘to provide support to’’; 

(2) in paragraph (2), by striking ‘‘purposes’’ and inserting 

‘‘purpose’’; and 

(3) in paragraph (4), by striking ‘‘other department’’ and 

inserting ‘‘other departments’’. 

SEC. 1035. CHARTER FOR THE NATIONAL RECONNAISSANCE OFFICE. 

Not later than February 1, 2010, the Director of National 

Intelligence and the Secretary of Defense shall jointly submit to 

the congressional defense committees, the Permanent Select Committee on Intelligence of the House of Representatives, and the 

Select Committee on Intelligence of the Senate a revised charter 

for the National Reconnaissance Office (in this section referred 

to as the ‘‘NRO’’). The charter shall include the following: 

(1) The organizational and governance structure of the 

NRO. 

(2) The role of the NRO in the development and generation 

of requirements and acquisition. 

(3) The scope of the capabilities of the NRO. 

(4) The roles and responsibilities of the NRO and the 

relationship of the NRO to other organizations and agencies 

in the intelligence and defense communities. 

SEC. 1036. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IMPROVING 

THE NUCLEAR FORENSIC AND ATTRIBUTION CAPABILITIES OF THE UNITED STATES. 

(a) IN GENERAL.—The President, with the participation of the 

officials specified in subsection (c), shall develop a national strategic 

plan for improving over a five-year period the nuclear forensic 

and attribution capabilities of the United States and the methods, 

capabilities, and capacity for nuclear materials forensics and 

attribution. 

(b) ELEMENTS.—The plan required under subsection (a) shall 

include the following: 

(1) An investment plan to support nuclear materials 

forensics and attribution. 

(2) Recommendations with respect to— 

(A) the allocation of roles and responsibilities for predetonation, detonation, and post-detonation activities; and 

President. 

Deadline. 

50 USC 401 note. 


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(B) methods for the attribution of nuclear or radiological material to the source when such material is intercepted by the United States, foreign governments, or international bodies or is dispersed in the course of a terrorist 

attack or other nuclear or radiological explosion. 

(c) OFFICIALS.—The officials specified in this subsection are 

the following: 

(1) The Secretary of Homeland Security. 

(2) The Secretary of Defense. 

(3) The Secretary of Energy. 

(4) The Attorney General. 

(5) The Secretary of State. 

(6) The Director of National Intelligence. 

(7) Such other officials as the President considers appropriate. 

(d) SUBMITTAL TO CONGRESS.—Not later than 180 days after 

the date of the enactment of this Act, the President shall submit 

to Congress the plan required under subsection (a). 

SEC. 1037. AUTHORIZATION OF APPROPRIATIONS FOR PAYMENTS TO 

PORTUGUESE NATIONALS EMPLOYED BY THE DEPARTMENT OF DEFENSE. 

(a) AUTHORIZATION FOR PAYMENTS.—Subject to subsection (b), 

the Secretary of Defense may authorize payments to Portuguese 

nationals employed by the Department of Defense in Portugal, 

for the difference between— 

(1) the salary increases resulting from section 8002 of the 

Department of Defense Appropriations Act, 2006 (Public Law 

109–148; 119 Stat. 2697; 10 U.S.C. 1584 note) and section 

8002 of the Department of Defense Appropriations Act, 2007 

(Public Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 note); 

and 

(2) salary increases supported by the Department of 

Defense Azores Foreign National wage surveys for survey years 

2006 and 2007. 

(b) LIMITATION.—The authority provided in subsection (a) may 

be exercised only if— 

(1) the wage survey methodology described in the United 

States—Portugal Agreement on Cooperation and Defense, with 

supplemental technical and labor agreements and exchange 

of notes, signed at Lisbon on June 1, 1995, and entered into 

force on November 21, 1995, is eliminated; and 

(2) the agreements and exchange of notes referred to in 

paragraph (1) and any implementing regulations thereto are 

revised to provide that the obligations of the United States 

regarding annual pay increases are subject to United States 

appropriation law governing the funding available for such 

increases. 

(c) AUTHORIZATION FOR APPROPRIATION.—Of the amounts 

authorized to be appropriated under title III, not less than $240,000 

is authorized to be appropriated for fiscal year 2010 for the purpose 

of the payments authorized by subsection (a). 

SEC. 1038. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL. 

(a) PROHIBITION.—Except as provided in subsection (b), effective 

one year after the date of the enactment of this Act, no enemy 

prisoner of war, civilian internee, retained personnel, other 

Effective date. 

10 USC 201 note. 

Deadline. 


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detainee, or any other individual who is in the custody or under 

the effective control of the Department of Defense or otherwise 

under detention in a Department of Defense facility in connection 

with hostilities may be interrogated by contractor personnel. 

(b) AUTHORIZED FUNCTIONS OF CONTRACTOR PERSONNEL.—Contractor personnel with proper training and security clearances may 

be used as linguists, interpreters, report writers, information technology technicians, and other employees filling ancillary positions, 

including as trainers of and advisors to interrogators, in interrogations of persons as described in subsection (a) if— 

(1) such personnel are subject to the same rules, procedures, policies, and laws pertaining to detainee operations and 

interrogations as apply to government personnel in such positions in such interrogations; and 

(2) appropriately qualified and trained military or civilian 

personnel of the Department of Defense are available to oversee 

the contractor’s performance and to ensure that contractor personnel do not perform activities that are prohibited under this 

section. 

(c) DISCHARGE BY GOVERNMENT PERSONNEL.—The Secretary 

of Defense shall take appropriate actions to ensure that, by not 

later than one year after the date of the enactment of this Act, 

the Department of Defense has the resources needed to ensure 

that interrogations described in subsection (a) are conducted by 

appropriately qualified government personnel. 

(d) WAIVER.— 

(1) WAIVERS AUTHORIZED.—The Secretary of Defense may 

waive the prohibition under subsection (a) for a period of 60 

days if the Secretary determines such a waiver is vital to 

the national security interests of the United States. The Secretary may renew a waiver issued pursuant to this paragraph 

for an additional 30-day period, if the Secretary determines 

that such a renewal is vital to the national security interests 

of the United States. 

(2) LIMITATION ON DELEGATION.— 

(A) IN GENERAL.—The waiver authority under paragraph (1) may not be delegated to any official below the 

level of the Deputy Secretary of Defense, except in the 

case of a waiver for an individual interrogation that is 

based on military exigencies, in which case the delegation 

of the waiver authority shall be done pursuant to regulations that the Secretary of Defense shall prescribe but 

in no instance may the latter delegation be below the 

level of combatant commander of the theater in which 

the individual is in the custody or under the effective 

control of the Department of Defense or otherwise under 

detention in a Department of Defense facility within that 

theater. 

(B) DEADLINE FOR REGULATIONS.—The Secretary of 

Defense shall prescribe the regulations referred to in 

subparagraph (A) by not later than 30 days after the date 

of the enactment of this Act. 

(3) CONGRESSIONAL NOTIFICATION.—Not later than five 

days after the Secretary issues a waiver pursuant to paragraph 

(1), the Secretary shall submit to Congress written notification 

of the waiver. 

Deadline. 

Time periods. 

Determinations. 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2453 

SEC. 1039. NOTIFICATION AND ACCESS OF INTERNATIONAL COMMITTEE OF THE RED CROSS WITH RESPECT TO 

DETAINEES AT THEATER INTERNMENT FACILITY AT 

BAGRAM AIR BASE, AFGHANISTAN. 

(a) NOTIFICATION.—The head of a military service or department that has custody or effective control of the Theater Internment 

Facility at Bagram Air Base, Afghanistan, or of any individual 

detained at such facility, shall, upon the detention of any such 

individual at such facility, notify the International Committee of 

the Red Cross (referred to in this section as the ‘‘ICRC’’) of such 

custody or effective control, as soon as practicable. 

(b) ACCESS.— 

(1) ICRC ACCESS.—The head of a military service or department with effective control of the Theater Internment Facility 

at Bagram Air Base, Afghanistan, shall— 

(A) endeavor to ensure prompt ICRC access to any 

individual described in subsection (a) upon receipt by such 

head of an ICRC request to visit the detainee, pursuant 

to subsection (a); or 

(B) if access to a such individual is temporarily denied 

as an exceptional measure, due to reasons of imperative 

military necessity, as soon thereafter as practicable, consistent with Article 126 of the Geneva Convention Relative 

to the Treatment of Prisoners of War, done at Geneva 

on August 12, 1949 (6 UST 3316), but normally no later 

than the next regularly scheduled ICRC visit. 

(2) PROTOCOLS AND AGREEMENTS.—Such access to the individual shall continue pursuant to ICRC protocols and agreements reached between the ICRC and the head of a military 

service or department with effective control over the Theater 

Internment Facility at Bagram Air Base, Afghanistan. 

(c) SCOPE OF ACCESS.—The ICRC shall be provided access, 

in accordance with this section, to those physical localities within 

the Theater Internment Facility at Bagram Air Base, Afghanistan, 

that are determined to be relevant to the treatment of an individual 

described in subsection (a), including the individual’s cell or room, 

interrogation facilities or rooms, hospital or related health care 

facilities or rooms, and recreation areas. The scope of access 

described in this subsection shall not be construed to apply to 

facilities other than the Theater Internment Facility at Bagram 

Air Base, Afghanistan. 

(d) EXCEPTION CONSISTENT WITH THE GENEVA CONVENTION

RELATIVE TO THE TREATMENT OF PRISONERS OF WAR.—Consistent 

with Article 126 of the Geneva Convention Relative to the Treatment of Prisoners of War, access by the ICRC to a detainee as 

provided for in subsections (b) and (c) may be temporarily denied, 

as an exceptional measure, for reasons of imperative military necessity. 

(e) CONSTRUCTION.—Nothing in this section shall be construed 

to— 

(1) create or modify the authority of the United States 

Armed Forces, the Department of Defense, a Federal law 

enforcement agency, or the intelligence community to detain 

an individual under existing law, as of the date of the enactment of this Act; or 


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123 STAT. 2454 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) limit or otherwise affect any other rights or obligations 

which may arise under the Geneva Conventions, other international agreements, or other laws, or to state all of the situations under which notification to and access for the ICRC 

is required or allowed. 

SEC. 1040. NO MIRANDA WARNINGS FOR AL QAEDA TERRORISTS. 

(a) NO MIRANDA WARNINGS.— (1) IN GENERAL.—Absent a court order requiring the 

reading of such statements, no member of the Armed Forces 

and no official or employee of the Department of Defense or 

a component of the intelligence community (other than the 

Department of Justice) may read to a foreign national who 

is captured or detained outside the United States as an enemy 

belligerent and is in the custody or under the effective control 

of the Department of Defense or otherwise under detention 

in a Department of Defense facility the statement required 

by Miranda v. Arizona (384 U.S. 436 (1966)), or otherwise 

inform such an individual of any rights that the individual 

may or may not have to counsel or to remain silent consistent 

with Miranda v. Arizona (384 U.S. 436 (1966)). 

(2) NONAPPLICABILITY TO DEPARTMENT OF JUSTICE.—This 

subsection shall not apply to the Department of Justice. 

(3) DEFINITIONS.—In this subsection: 

(A) The term ‘‘foreign national’’ means an individual 

who is not a citizen or national of the United States. 

(B) The term ‘‘enemy belligerent’’ includes a privileged 

belligerent against the United States and an unprivileged 

enemy belligerent, as those terms are defined in section 

948a of title 10, United States Code, as amended by section 

1802 of this Act. 

(b) REPORT REQUIRED ON NOTIFICATION OF DETAINEES OF

RIGHTS UNDER MIRANDA V. ARIZONA.—Not later than 90 days 

after the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report on 

how the reading of rights under Miranda v. Arizona (384 U.S. 

436 (1966)) to individuals detained by the United States in Afghanistan may affect— 

(1) the tactical questioning of detainees at the point of 

capture by United States Armed Forces deployed in support 

of Operation Enduring Freedom; 

(2) post-capture theater-level interrogations and intelligence-gathering activities conducted as part of Operation 

Enduring Freedom; 

(3) the overall counterinsurgency strategy and objectives 

of the United States for Operation Enduring Freedom; 

(4) United States military operations and objectives in 

Afghanistan; and 

(5) potential risks to members of the Armed Forces operating in Afghanistan. 

SEC. 1041. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR 

RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES 

NAVAL STATION, GUANTANAMO BAY, CUBA. 

(a) RELEASE PROHIBITION.—During the period beginning on 

October 1, 2009, and ending on December 31, 2010, the Secretary 

of Defense may not use any of the amounts authorized to be 

appropriated in this Act or otherwise available to the Department 

Time period. 

10 USC 801 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2455 

of Defense to release into the United States, its territories, or 

possessions, any individual described in subsection (e). 

(b) TRANSFER LIMITATION.—During the period beginning on 

October 1, 2009, and ending on December 31, 2010, the Secretary 

of Defense may not use any of the amounts authorized to be 

appropriated in this Act or otherwise available to the Department 

of Defense to transfer any individual described in subsection (e) 

to the United States, its territories, or possessions, until 45 days 

after the President has submitted to the congressional defense 

committees the plan described in subsection (c). 

(c) COMPREHENSIVE PLAN REQUIRED.—The President shall 

submit to the congressional defense committees a plan for the 

disposition of each individual described in subsection (e) who is 

proposed to be transferred to the United States, its territories, 

or possessions. Such plan for each individual shall include, at a 

minimum— 

(1) an assessment of the risk that the individual described 

in subsection (e) poses to the national security of the United 

States, its territories, or possessions; 

(2) a proposal for the disposition of each such individual; 

(3) the measures to be taken to mitigate any risks described 

in paragraph (1); 

(4) the location or locations at which the individual will 

be held under the proposal for disposition required by paragraph (2); 

(5) the costs associated with executing the plan, including 

technical and financial assistance required to be provided to 

State and local law enforcement agencies, if necessary, to carry 

out the plan; 

(6) a summary of the consultation required in subsection 

(d); and 

(7) a certification by the Attorney General that under the 

plan the individual poses little or no security risk to the United 

States, its territories, or possessions. 

(d) CONSULTATION REQUIRED.—The President shall consult with 

the chief executive of the State, the District of Columbia, or the 

territory or possession of the United States to which the disposition 

in subsection (c)(2) includes transfer to that State, District of 

Columbia, or territory or possession. 

(e) DETAINEES DESCRIBED.—An individual described in this subsection is any individual who is located at United States Naval 

Station, Guantanamo Bay, Cuba, as of October 1, 2009, who— 

(1) is not a citizen of the United States; and 

(2) is— 

(A) in the custody or under the effective control of 

the Department of Defense; or 

(B) otherwise under detention at the United States 

Naval Station, Guantanamo Bay, Cuba. 

SEC. 1042. ADDITIONAL SUBPOENA AUTHORITY FOR THE INSPECTOR 

GENERAL OF THE DEPARTMENT OF DEFENSE. 

Section 8 of the Inspector General Act of 1978 (5 U.S.C. App. 

8) is amended by adding at the end the following new subsection: 

‘‘(i)(1) The Inspector General of the Department of Defense 

is authorized to require by subpoena the attendance and testimony 

of witnesses as necessary in the performance of functions assigned 

to the Inspector General by this Act, except that the Inspector 

President. 

President. 

Time period. 

Deadline. 


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123 STAT. 2456 PUBLIC LAW 111–84—OCT. 28, 2009 

General shall use procedures other than subpoenas to obtain attendance and testimony from Federal employees. 

‘‘(2) A subpoena issued under this subsection, in the case of 

contumacy or refusal to obey, shall be enforceable by order of 

any appropriate United States district court. 

‘‘(3) The Inspector General shall notify the Attorney General 

7 days before issuing any subpoena under this section.’’. 

SEC. 1043. LIMITATIONS ON MODIFICATIONS OF CERTAIN GOVERNMENT FURNISHED EQUIPMENT; ONE-TIME AUTHORITY TO 

TRANSFER CERTAIN MILITARY PROTOTYPE. 

(a) LIMITATION.—An article of military equipment that is an 

end item of a major weapon system may not be furnished or 

transferred to a private entity for the conduct of research, development, test and evaluation under contractual agreement with the 

Department of Defense, if such research, development, test, and 

evaluation necessitates significantly modifying the military equipment, until the senior acquisition official of a military department, 

or his designee, submits to the congressional defense committees 

certification in writing— 

(1) that the modification of such article of military equipment is necessary to execute the contractual scope of work 

and there is no suitable alternative to modifying such article; 

(2) that the research, development, test, and evaluation 

effort is of sufficient interest to the military department to 

warrant the modification of such article of military equipment; 

(3) that— 

(A) prior to the end of the period of performance of 

such a contractual agreement, the article of military equipment will be restored to its original condition; or 

(B) it is not necessary to restore the article of military 

equipment to its original condition because the military 

department intends to dispose of the equipment or operate 

the equipment in its modified form. 

(4) that the private entity has sufficient resources and 

capability to fully perform the contractual research, development, test, and evaluation; and 

(5) that the military department has— 

(A) identified the scope of future test and evaluation 

likely to be required prior to transition of the associated 

technology to a program of record; and 

(B) a plan for the conduct of such future test and 

evaluation, including the anticipated roles and responsibilities of government and the private entity, as applicable. 

(b) CERTIFICATION.—No military equipment that is an end item 

of a major weapons system may be transferred or furnished to 

a private entity for purposes of research and development as authorized under subsection (a) unless the senior officer of the military 

service concerned certifies to the congressional defense committees 

that such equipment is not essential to the defense of the United 

States. 

(c) ONE-TIME AUTHORITY TO TRANSFER.—The Secretary of the 

Navy may transfer, to Piasecki Aircraft Corporation of Essington, 

Pennsylvania (in this section referred to as ‘‘transferee’’), all right, 

title, and interest of the United States, except as otherwise provided 

in this subsection, in and to Navy aircraft N40VT (Bureau Number 

Pennsylvania. 

Certification. 

10 USC 2353 

note. 

Notification. 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2457 

163283), also known as the X–49A aircraft, and associated components and test equipment, previously specified as Governmentfurnished equipment in contract N00019–00–C–0284. The transferee shall provide consideration for the transfer of such military 

equipment to the transferor of an amount not to exceed fair value, 

as determined, on a non-delegable basis, by the Secretary. 

(d) APPLICABLE LAW.—The transfer or use of military equipment is subject to all applicable Federal and State laws and regulations, including, but not limited to, the Arms Export Control Act, 

the Export Administration Act of 1979, continued under Executive 

Order 12924, International Traffic in Arms Regulations (22 C.F.R. 

120 et seq.), Export Administration Regulations (15 C.F.R. 730 

et seq.), Foreign Assets Control Regulations (31 C.F.R. 500 et 13 

seq.), and the Espionage Act. 

(e) CONDITION OF EQUIPMENT TO BE TRANSFERRED.— 

(1) AS-IS CONDITION.—The military equipment transferred 

under subsection (c) shall be transferred in its current ‘‘asis’’ condition. The Secretary is not required to repair or alter 

the condition of any military equipment before transferring 

any interest in such equipment under subsection (c). 

(2) SPARE PARTS OR EQUIPMENT.—The Secretary of the Navy 

is not required to provide spare parts or equipment as a result 

of the transfer authorized under subsection (c). 

(f) TRANSFER AT NO COST TO THE UNITED STATES.—The transfer 

of military equipment under subsection (c) shall be made at no 

cost to the United States. Any costs associated with the transfer 

shall be borne by the transferee. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary shall 

require that the transfer authorized by section (c) be carried out 

by means of a written agreement and shall require, at a minimum, 

the following conditions to the transfer: 

(1) A condition stipulating that the transfer of the X-49A 

aircraft is for the sole purpose of further development, test, 

and evaluation of vectored thrust ducted propeller (hereinafter 

in this section referred to as ‘‘VTDP’’) technology. 

(2) A condition providing the Government the right to 

procure the VTDP technology demonstrated under this program 

at a discounted cost based on the value of the X-49A aircraft 

and associated equipment at the time of transfer, with such 

valuation and terms determined by the Secretary. 

(3) A condition that the transferee not transfer any interest 

in, or transfer possession of, the military equipment transferred 

under subsection (b) to any other party without the prior written approval of the Secretary. 

(4) A condition that if the Secretary determines at any 

time that the transferee has failed to comply with a condition 

set forth in paragraphs (1) through (3), all items referred to 

in subsection (b) shall be transferred back to the Navy, at 

no cost to the United States. 

(5) A condition that the transferee acknowledges sole 

responsibility of the X-49A aircraft and associated equipment 

and assumes all liability for operation of the X-49A aircraft 

and associated equipment. 

(h) NO LIABILITY FOR THE UNITED STATES.—Upon the transfer 

of military equipment under subsection (b), the United States shall 

not be liable for any death, injury, loss, or damage that results 

Contracts. 


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123 STAT. 2458 PUBLIC LAW 111–84—OCT. 28, 2009 

from the use of such military equipment by any person other 

than the United States. 

(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

a transfer under subsection (b) as the Secretary considers appropriate to protect the interests of the United States. 

(j) DEFINITIONS.—In this subsection: 

(1) The term ‘‘major system’’ has the meaning provided 

in section 2302 of title 10, United States Code. 

(2) The term ‘‘contractual agreement’’ includes contracts, 

grants, cooperative agreements, and other transactions. 

Subtitle E—Studies and Reports 

SEC. 1051. REPORT ON STATUTORY COMPLIANCE OF THE REPORT ON 

THE 2009 QUADRENNIAL DEFENSE REVIEW. 

(a) COMPTROLLER GENERAL REPORT.—Not later than 90 days 

after the Secretary of Defense releases the report on the 2009 

quadrennial defense review, the Comptroller General shall submit 

to the congressional defense committees and to the Secretary of 

Defense a report on the degree to which the report on the 2009 

quadrennial defense review addresses each of the items required 

by subsection (d) of section 118 of title 10, United States Code. 

(b) SECRETARY OF DEFENSE REPORT.—If the Comptroller General determines that the report on the 2009 quadrennial defense 

review fails to directly address items required by subsection (d) 

of section 118 of such title, the Secretary of Defense shall submit 

to the congressional defense committees a report directly addressing 

those items not later than 30 days after the submission of the 

report by the Comptroller General required by paragraph (1). 

SEC. 1052. REPORT ON THE FORCE STRUCTURE FINDINGS OF THE 

2009 QUADRENNIAL DEFENSE REVIEW. 

(a) REPORT REQUIREMENT.—Concurrent with the delivery of 

the report on the 2009 quadrennial defense review required by 

section 118 of title 10, United States Code, the Secretary of Defense 

shall submit to the congressional defense committees a report with 

a classified annex containing— 

(1) the analyses used to determine and support the findings 

on force structure required by such section; and 

(2) a description of any changes from the previous quadrennial defense review to the minimum military requirements 

for major military capabilities. 

(b) MAJOR MILITARY CAPABILITIES DEFINED.—In this section, 

the term ‘‘major military capabilities’’ includes any capability the 

Secretary determines to be a major military capability, any capability discussed in the report of the 2006 quadrennial defense 

review, and any capability described in paragraph (9) or (10) of 

section 118(d) of title 10, United States Code. 

SEC. 1053. ANNUAL REPORT ON THE ELECTRONIC WARFARE 

STRATEGY OF THE DEPARTMENT OF DEFENSE. 

(a) ANNUAL REPORT REQUIRED.—At the same time as the President submits to Congress the budget under section 1105(a) of title 

31, United States Code, for each of fiscal years 2011 through 2015, 

the Secretary of Defense, in coordination with the Chairman of 

the Joint Chiefs of Staff and the Secretary of each of the military 

Classified 

information. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2459 

departments, shall submit to the congressional defense committees 

an annual report on the electronic warfare strategy of the Department of Defense. 

(b) CONTENTS OF REPORT.—Each report required under subsection (a) shall include each of the following: 

(1) A description and overview of— 

(A) the electronic warfare strategy of the Department 

of Defense; 

(B) how such strategy supports the National Defense 

Strategy; and 

(C) the organizational structure assigned to oversee 

the development of the Department’s electronic warfare 

strategy, requirements, capabilities, programs, and 

projects. 

(2) A list of all the electronic warfare acquisition programs 

and research and development projects of the Department of 

Defense and a description of how each program or project 

supports the Department’s electronic warfare strategy. 

(3) For each unclassified program or project on the list 

required by paragraph (2)— 

(A) the senior acquisition executive and organization 

responsible for oversight of the program or project; 

(B) whether or not validated requirements exist for 

the program or project and, if such requirements do exist, 

the date on which the requirements were validated and 

the organizational authority that validated such requirements; 

(C) the total amount of funding appropriated, obligated, 

and forecasted by fiscal year for the program or project, 

including the program element or procurement line number 

from which the program or project receives funding; 

(D) the development or procurement schedule for the 

program or project; 

(E) an assessment of the cost, schedule, and performance of the program or project as it relates to the program 

baseline for the program or project, as of the date of the 

submission of the report, and the original program baseline 

for such program or project, if such baselines are not the 

same; 

(F) the technology readiness level of each critical technology that is part of the program or project; 

(G) whether or not the program or project is redundant 

or overlaps with the efforts of another military department; 

and 

(H) the capability gap that the program or project 

is being developed or procured to fulfill. 

(4) A classified annex that contains the items described 

in subparagraphs (A) through (H) of paragraph (3) for each 

classified program or project on the list required by paragraph 

(2). 

SEC. 1054. STUDY ON A SYSTEM FOR CAREER DEVELOPMENT AND 

MANAGEMENT OF INTERAGENCY NATIONAL SECURITY 

PROFESSIONALS. 

(a) STUDY REQUIRED.— 


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123 STAT. 2460 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) DESIGNATION OF EXECUTIVE AGENCY.—Not later than 

30 days after the date of the enactment of this Act, the President shall designate an Executive agency to commission a study 

of the matters described in subsection (b) by an appropriate 

independent, nonprofit organization. The designated Executive 

agency shall select the organization and commission the study 

not later than 90 days after the date of the enactment of 

this Act. 

(2) QUALIFICATIONS OF ORGANIZATION SELECTED.—The 

organization selected shall be qualified on the basis of having 

performed related work in the fields of national security and 

human capital development, and on the basis of such other 

criteria as the head of the designated Executive agency may 

determine. 

(b) MATTERS TO BE EXAMINED.—The study required by subsection (a) shall examine matters pertaining to a system for the 

development and management of interagency national security 

professionals including, at a minimum, the following: 

(1) PROFESSIONAL DEVELOPMENT.—The skills, education, 

training, and professional experiences desired in interagency 

national security professionals at various career stages, as well 

as the feasibility, benefits, and costs of developing a pool of 

personnel necessary to enable interagency national security 

professionals to undertake such professional development 

opportunities. 

(2) COORDINATION.—Procedures for ensuring appropriate 

consistency and coordination among participating Executive 

agencies, such as methods for identifying positions and personnel that should be included in the system, and coordination 

of treatment in personnel and human resource systems, 

including performance review and promotion policies. 

(3) FUNDING.—Potential mechanisms for funding an interagency national security professional development program. 

(4) MILITARY AND STATE AND LOCAL GOVERNMENT PERSONNEL.—The feasibility of integrating, coordinating, or 

supplementing the systems and requirements regarding experience and education for military officers with an interagency 

national security professional system, as well as potential 

means of, and benefits and drawbacks of, including State and 

local government organizations and personnel in the system. 

(5) INCENTIVES TO PARTICIPATE.—Incentives and requirements that could be implemented to encourage personnel and 

organizations to fully participate in the system across various 

career levels. 

(6) CURRENT EFFORTS.—The effectiveness of, and lessons 

learned from, major current efforts at developing interagency 

national security professionals. 

(c) REPORT.—A report containing the findings and recommendations resulting from the study required by subsection (a), together 

with any views or recommendations of the President, shall be 

submitted to Congress not later than December 1, 2010. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘Executive agency’’ has the meaning given 

such term by section 105 of title 5, United States Code. 

(2) The term ‘‘employee’’ has the meaning given such term 

by section 2105 of title 5, United States Code. 

President. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2461 

(3) The term ‘‘interagency national security professional’’ 

means an employee of an Executive agency who plans, coordinates, or participates in activities relating to the national security of the United States that require significant interaction 

and engagement with other Executive agencies. 

SEC. 1055. REPORT ON NUCLEAR ASPIRATIONS OF NON-STATE ENTITIES, NUCLEAR WEAPONS AND RELATED PROGRAMS IN 

NON-NUCLEAR-WEAPONS STATES AND COUNTRIES NOT 

PARTIES TO THE NUCLEAR NON-PROLIFERATION 

TREATY, AND CERTAIN FOREIGN PERSONS. 

(a) IN GENERAL.—The Director of National Intelligence shall 

biennially submit to the congressional defense committees, the 

Select Committee on Intelligence of the Senate, and the Permanent 

Select Committee on Intelligence of the House of Representatives 

a report— 

(1) on the nuclear weapons programs and any related programs of countries that are non-nuclear-weapons state parties 

to the Treaty on Non-Proliferation of Nuclear Weapons, done 

at Washington, London, and Moscow July 1, 1968, and entered 

into force March 5, 1970 (commonly known as the ‘‘Nuclear 

Non-Proliferation Treaty’’) and countries that are not parties 

to the Treaty; 

(2) on the nuclear weapons aspirations of such non-state 

entities as the Director considers appropriate to include in 

the report; and 

(3) that identifies each foreign person that, during the 

period covered by the report, made a material contribution 

to the research, development, production, or acquisition by a 

country of proliferation concern of— 

(A) weapons of mass destruction (including nuclear 

weapons, chemical weapons, or biological weapons); or 

(B) ballistic or cruise missile systems. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include, with respect to each country described in subsection (a)(1) 

and each non-state entity referred to in subsection (a)(2), the following: 

(1) A statement of the number of nuclear weapons possessed by such country or non-state entity. 

(2) An estimate of the total number of nuclear weapons 

that such country or non-state entity seeks to obtain and, 

in the case of such non-state entity, an assessment of the 

extent to which such non-state entity is seeking to develop 

a nuclear weapon or device or radiological dispersion device. 

(3) A description of the technical characteristics of any 

nuclear weapons possessed by such country or non-state entity. 

(4) A description of nuclear weapons designs available to 

such country or non-state entity. 

(5) A description of any sources of assistance with respect 

to nuclear weapons design provided to or by such country 

or non-state entity and, in the case of assistance provided 

by such country or non-state entity, a description of to whom 

such assistance was provided. 

(6) An assessment of the annual capability of such country 

and non-state entity to produce new or newly designed nuclear 

weapons. 

50 USC 2371. 


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(7) A description of the type of fissile materials used in 

any nuclear weapons possessed by such country or non-state 

entity. 

(8) An description of the location and production capability 

of any fissile materials production facilities in such country 

or controlled by such non-state entity, the current status of 

any such facilities, and any plans by such country or nonstate entity to develop such facilities. 

(9) An identification of the source of any fissile materials 

used by such country or non-state entity, if such materials 

are not produced in facilities referred to in paragraph (8). 

(10) An assessment of the intentions of such country or 

non-state entity to leverage civilian nuclear capabilities for 

a nuclear weapons program. 

(11) A description of any delivery systems available to 

such country or non-state entity and an assessment of whether 

nuclear warheads have been mated, or there are plans for 

such warheads to be mated, to any such delivery system. 

(12) An assessment of the physical security of the storage 

facilities for nuclear weapons in such country or controlled 

by such non-state entity. 

(13) An assessment of whether such country is modernizing 

or otherwise improving the safety, security, and reliability of 

the nuclear weapons stockpile of such country. 

(14) An assessment of the industrial capability and capacity 

of such country or non-state entity to produce nuclear weapons. 

(15) In the case of a country, an assessment of the policy 

of such country on the employment and use of nuclear weapons. 

(c) REFERENCES TO OTHER REPORTS.—Each report submitted 

under subsection (a) shall include a copy of any other report that 

is incorporated by reference into the report submitted under subsection (a). 

(d) UNCLASSIFIED SUMMARY.—Each report submitted under subsection (a) shall include an unclassified summary of such report. 

(e) SUBMITTAL TO CONGRESS.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

Director of National Intelligence shall submit to the congressional defense committees, the Select Committee on Intelligence 

of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives the first report required 

under subsection (a) by not later than September 1, 2010. 

(2) NOTIFICATION OF DELAY IN SUBMITTAL.—If the Director 

of National Intelligence determines that it will not be possible 

for the Director to submit the first report required under subsection (a) by September 1, 2010, the Director shall, not later 

than August 1, 2010, submit to the committees specified in 

paragraph (1) a notice— 

(A) that such report will not be submitted by September 1, 2010; and 

(B) setting forth the date by which the Director will 

submit such report. 

(f) CONFORMING AMENDMENT.—Section 722 of the Combating 

Proliferation of Weapons of Mass Destruction Act of 1996 (50 U.S.C. 

2369) is repealed. 

(g) DEFINITIONS.—In this section: 

(1) FOREIGN PERSON.—The term ‘‘foreign person’’ means 

any of the following: 

Repeal. 

Determination. 


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(A) A natural person who is not a citizen of the United 

States. 

(B) A corporation, business association, partnership, 

society, trust, or other nongovernmental entity, organization, or group that is organized under the laws of a foreign 

country or has its principal place of business in a foreign 

country. 

(C) Any foreign government or foreign governmental 

entity operating as a business enterprise or in any other 

capacity. 

(D) Any successor, subunit, or subsidiary of any entity 

described in subparagraph (B) or (C). 

(2) COUNTRY OF PROLIFERATION CONCERN.—The term 

‘‘country of proliferation concern’’ means any country identified 

by the Director of Central Intelligence as having engaged in 

the acquisition of dual-use and other technology useful for 

the development or production of weapons of mass destruction 

(including nuclear weapons, chemical weapons, and biological 

weapons) or advanced conventional munitions— 

(A) in the most recent report under section 721 of 

the Combating Proliferation of Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2366); or 

(B) in any successor report on the acquisition by foreign 

countries of dual-use and other technology useful for the 

development or production of weapons of mass destruction. 

SEC. 1056. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF 

DEFENSE SPENDING IN FINAL FISCAL QUARTERS. 

(a) REVIEW OF SPENDING BY THE COMPTROLLER GENERAL.— The Comptroller General shall conduct a review of obligations 

incurred by the Department of Defense in the final quarter each 

covered fiscal year, as compared to the obligations so incurred 

in the first three quarters of that fiscal year, to determine if 

policies with respect to financial execution by the Department contribute to hastened year-end spending and poor use or waste of 

taxpayer dollars. Such review shall include both one-year and multiyear appropriations for each covered fiscal year. 

(b) COVERED FISCAL YEARS.—For purposes of this section, a 

covered fiscal year is fiscal year 2006, 2007, 2008, or 2009. 

(c) REPORT.—Not later than March 31, 2010, the Comptroller 

General shall submit to the Committees on Armed Services of 

the Senate and House of Representatives a report containing— 

(1) the results of the review conducted under subsection 

(a); and 

(2) any recommendations of the Comptroller General with 

respect to improving the policies pursuant to which amounts 

appropriated to the Department of Defense are obligated and 

expended in the final quarter of a fiscal year. 

SEC. 1057. REPORT ON AIR AMERICA. 

(a) DEFINITIONS.—In this section: 

(1) AIR AMERICA.—The term ‘‘Air America’’ means Air 

America, Incorporated. 

(2) ASSOCIATED COMPANY.—The term ‘‘associated company’’ 

means any entity associated with, predecessor to, or subsidiary 

to Air America, including Air Asia Company Limited, CAT 

Incorporated, Civil Air Transport Company Limited, and the 

Pacific Division of Southern Air Transport, during the period 


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when such an entity was owned and controlled by the United 

States Government. 

(b) REPORT ON RETIREMENT BENEFITS FOR FORMER EMPLOYEES

OF AIR AMERICA.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the advisability 

of providing Federal retirement benefits to United States citizens for the service of such citizens prior to 1977 as employees 

of Air America or an associated company during a period when 

Air America or the associated company was owned or controlled 

by the United States Government and operated or managed 

by the Central Intelligence Agency. 

(2) REPORT ELEMENTS.—The report required by paragraph 

(1) shall include the following: 

(A) The history of Air America and the associated 

companies prior to 1977, including a description of— 

(i) the relationship between Air America and the 

associated companies and the Central Intelligence 

Agency or any other element of the United States 

Government; 

(ii) the workforce of Air America and the associated 

companies; 

(iii) the missions performed by Air America, the 

associated companies, and their employees for the 

United States; and 

(iv) the casualties suffered by employees of Air 

America and the associated companies in the course 

of their employment. 

(B) A description of— 

(i) the retirement benefits contracted for or promised to the employees of Air America and the associated 

companies prior to 1977; 

(ii) the contributions made by such employees for 

such benefits; 

(iii) the retirement benefits actually paid such 

employees; 

(iv) the entitlement of such employees to the payment of future retirement benefits; and 

(v) the likelihood that such employees will receive 

any future retirement benefits. 

(C) An assessment of the difference between— 

(i) the retirement benefits that former employees 

of Air America and the associated companies have 

received or will receive by virtue of their employment 

with Air America and the associated companies; and 

(ii) the retirement benefits that such employees 

would have received or be eligible to receive if such 

employment was deemed to be employment by the 

United States Government and their service during 

such employment was credited as Federal service for 

the purpose of Federal retirement benefits. 

(D)(i) Any recommendations regarding the advisability 

of legislative action to treat such employment as Federal 

service for the purpose of Federal retirement benefits in 

light of the relationship between Air America and the associated companies and the United States Government and 


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the services and sacrifices of such employees to and for 

the United States. 

(ii) If legislative action is considered advisable under 

clause (i), a proposal for such action and an assessment 

of its costs. 

(E) The opinions of the Director of the Central Intelligence Agency, if any, on any matters covered by the 

report that the Director of the Central Intelligence Agency 

considers appropriate. 

(3) ASSISTANCE OF COMPTROLLER GENERAL.—The Comptroller General of the United States shall, upon the request 

of the Director of National Intelligence and in a manner consistent with the protection of classified information, assist the 

Director in the preparation of the report required by paragraph 

(1). 

(4) FORM.—The report required by paragraph (1) shall be 

submitted in unclassified form, but may include a classified 

annex. 

SEC. 1058. REPORT ON DEFENSE TRAVEL SIMPLIFICATION. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report setting forth a comprehensive plan 

to simplify Department of Defense travel procedures. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) A comprehensive discussion of aspects of the Department of Defense travel procedures that are most confusing, 

inefficient, and in need of revision. 

(2) A critical review of opportunities to streamline and 

simplify defense travel policies and to reduce travel-related 

costs to the Department of Defense. 

(3) A discussion of any actions to incorporate permanent 

duty travel that are being undertaken by the Secretary of 

Defense as of the date of the enactment of this Act. 

(4) A plan to gather data on the number of manual temporary duty vouchers processed by the Department of Defense. 

(5) Options to leverage industry capabilities and technologies that could enhance management responsiveness to 

changing markets. 

(6) A discussion of pilot programs that the Secretary of 

Defense could carry out to demonstrate the merit of improvements identified pursuant to preparing the report required 

by this section, including a discussion of— 

(A) recommendations for legislative authority; and 

(B) how the systems developed for purposes of such 

a pilot program would interact with the automated Defense 

Travel System in effect as of the date of the enactment 

of this Act. 

(7) Such recommendations and an implementation plan 

for legislative or administrative action as the Secretary of 

Defense considers appropriate to improve defense travel. 

SEC. 1059. REPORT ON MODELING AND SIMULATION TECHNOLOGICAL 

AND INDUSTRIAL BASE. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, working 


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through the Director for Defense Research and Engineering, the 

Deputy Under Secretary of Defense for Industrial Policy, the Commander of the United States Joint Forces Command, and other 

appropriate organizations, shall submit to the congressional defense 

committees a report that describes current and planned efforts 

to support and enhance the defense modeling and simulation technological and industrial base, including in academia, industry, and 

government. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following: 

(1) An assessment of the current and future domestic 

defense modeling and simulation technological and industrial 

base and its ability to meet current and future defense requirements. 

(2) A description of current and planned programs and 

activities of the Department of Defense to enhance the ability 

of the domestic defense modeling and simulation technological 

and industrial base to meet current and future defense requirements. 

(3) A description of current and planned Department of 

Defense activities in cooperation with Federal, State, and local 

government organizations that promote the enhancement of 

the ability of the domestic defense modeling and simulation 

technological and industrial base to meet current and future 

defense requirements. 

(4) A comparative assessment of current and future global 

modeling and simulation capabilities relative to those of the 

United States in areas related to defense applications of modeling and simulation. 

(5) An identification of additional authorities or resources 

related to technology transfer, establishment of public-private 

partnerships, coordination with regional, State, or local initiatives, or other activities that would be required to enhance 

efforts to support the domestic defense modeling and simulation 

technological and industrial base. 

(6) Other matters as determined appropriate by the Secretary. 

SEC. 1060. REPORT ON ENABLING CAPABILITIES FOR SPECIAL OPERATIONS FORCES. 

(a) REPORT REQUIRED.—Not later than 270 days after the date 

of the enactment of this Act, the Commander of the United States 

Special Operations Command, jointly with the commanders of the 

combatant commands and the Chief of Staff of the Army, the 

Chief of Naval Operations, the Chief of Staff of the Air Force, 

and the Commandant of the Marine Corps shall submit to the 

Secretary of Defense and the Chairman of the Joint Chiefs of 

Staff a report on the availability of enabling capabilities to support 

special operations forces requirements. 

(b) MATTERS TO BE INCLUDED.—The report required under 

subsection (a) shall include the following: 

(1) An identification of the requirements for enabling 

capabilities for conventional forces and special operations forces 

globally, including current and projected needs in Iraq, Afghanistan, and other theaters of operation. 


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(2) A description of the processes used to prioritize and 

allocate enabling capabilities to meet the mission requirements 

of conventional forces and special operations forces. 

(3) An identification and description of any shortfalls in 

enabling capabilities for special operations forces by function, 

region, and quantity, as determined by the Commander of 

the United States Special Operations Command and the commanders of the geographic combatant commands. 

(4) An assessment of the current inventory of these 

enabling capabilities within the military departments and 

components and the United States Special Operations Command. 

(5) An assessment of whether there is a need to create 

additional enabling capabilities by function and quantity. 

(6) An assessment of the merits of creating additional 

enabling units, by type and quantity— 

(A) within the military departments; and 

(B) within the United States Special Operations Command. 

(7) Recommendations for meeting the current and future 

enabling force requirements of the United States Special Operations Command, including an assessment of the increases 

in endstrength, equipment, funding, and military construction 

that would be required to support these recommendations. 

(8) Any other matters the Commander of the United States 

Special Operations Command, the commanders of the combatant commands, and the Chief of Staff of the Army, the Chief 

of Naval Operations, the Chief of Staff of the Air Force, and 

the Commandant of the Marine Corps consider useful and 

relevant. 

(c) REPORT TO CONGRESS.—Not later than 30 days after 

receiving the report required under subsection (a), the Secretary 

of Defense shall forward the report to the congressional defense 

committees with any additional comments the Secretary considers 

appropriate. 

SEC. 1061. ADDITIONAL MEMBERS AND DUTIES FOR THE INDEPENDENT PANEL TO ASSESS THE QUADRENNIAL 

DEFENSE REVIEW. 

(a) ADDITIONAL MEMBERS.— 

(1) IN GENERAL.—For purposes of conducting the assessment of the 2009 quadrennial defense review under section 

118 of title 10, United States Code (in this section referred 

to as the ‘‘2009 QDR’’), the independent panel established under 

subsection (f) of such section (in this section referred to as 

the ‘‘Panel’’) shall include eight additional members as follows: 

(A) Two appointed by the chairman of the Committee 

on Armed Services of the House of Representatives. 

(B) Two appointed by the chairman of the Committee 

on Armed Services of the Senate. 

(C) Two appointed by the ranking member of the Committee on Armed Services of the House of Representatives. 

(D) Two appointed by the ranking member of the Committee on Armed Services of the Senate. 

(2) PERIOD OF APPOINTMENT; VACANCIES.—Members of the 

Panel appointed under paragraph (1) shall be appointed for 

the life of the Panel. Any vacancy in an appointment to the 


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Panel under paragraph (1) shall be filled in the same manner 

as the original appointment. 

(b) ADDITIONAL DUTIES.—In addition to the duties of the Panel 

under section 118(f) of title 10, United States Code, the Panel 

shall, with respect to the 2009 QDR— 

(1) review the Secretary of Defense’s terms of reference, 

and any other materials providing the basis for, or substantial 

inputs to, the work of the Department of Defense on the 2009 

QDR; 

(2) conduct an assessment of the assumptions, strategy, 

findings, and risks in the report of the Secretary of Defense 

on the 2009 QDR, with particular attention paid to the risks 

described in that report; 

(3) conduct an independent assessment of a variety of possible force structures for the Armed Forces, including the force 

structure identified in the report of the Secretary of Defense 

on the 2009 QDR; and 

(4) review the resource requirements identified in the 2009 

QDR pursuant to section 118(b)(3) of title 10, United States 

Code, and, to the extent practicable, make a general comparison 

of such resource requirements with the resource requirements 

to support the forces contemplated under the force structures 

assessed under paragraph (3). 

(c) REPORTS.— 

(1) INITIAL REPORT OF PANEL.—The report on the 2009 

QDR that is submitted to Congress pursuant to section 118(f)(2) 

of title 10, United States Code, shall include, in addition to 

any other matters required by such section, the interim findings 

of the Panel with respect to the matters specified in subsection 

(b). 

(2) FINAL REPORT OF PANEL.—Not later than July 15, 2010, 

the Panel shall submit to the Secretary of Defense, and to 

the congressional defense committees, the final report of the 

Panel on the matters specified in subsection (b). The report 

shall include such recommendations on such matters as the 

Panel considers appropriate. 

(3) REPORT OF SECRETARY OF DEFENSE.—Not later than 

August 15, 2010, the Secretary of Defense shall, after consultation with the Chairman of the Joint Chiefs of Staff, submit 

to the congressional defense committees a report setting forth 

the Secretary’s response to the final report of the Panel under 

paragraph (2). 

(d) TERMINATION OF PANEL.—The Panel shall terminate 45 

days after the date on which the Panel submits its final report 

under subsection (c)(2). 

SEC. 1062. CONGRESSIONAL EARMARKS RELATING TO THE DEPARTMENT OF DEFENSE. 

(a) REPORT ON RECURRING EARMARKS.— 

(1) REPORT REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

regarding covered earmarks. 

(2) ELEMENTS.—The report required by paragraph (1) shall 

include the following: 

(A) An identification of each covered earmark that 

has been included in a national defense authorization Act 

10 USC 2302 

note. 


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for three or more consecutive fiscal years as of the date 

of the enactment of this Act. 

(B) A description of the extent to which competitive 

or merit-based procedures were used to award funding, 

or to enter into a contract, grant, or other agreement, 

pursuant to each covered earmark. 

(C) An identification of the specific contracting vehicle 

used for each covered earmark. 

(D) In the case of any covered earmark for which 

competitive or merit-based procedures were not used to 

award funding, or to enter into the contract, grant, or 

other agreement, a statement of the reasons competitive 

or merit-based procedures were not used. 

(b) DOD INSPECTOR GENERAL AUDIT OF CONGRESSIONAL EARMARKS.—The Inspector General of the Department of Defense shall 

conduct an audit of contracts, grants, or other agreements pursuant 

to congressional earmarks of Department of Defense funds to determine whether or not the recipients of such earmarks are complying 

with requirements of Federal law on the use of appropriated funds 

to influence, whether directly or indirectly, congressional action 

on any legislation or appropriation matter pending before Congress. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘congressional earmark’’ means any congressionally directed spending item (Senate) or congressional earmark (House of Representatives) on a list published in compliance with rule XLIV of the Standing Rules of the Senate 

or rule XXI of the Rules of the House of Representatives. 

(2) The term ‘‘covered earmark’’ means any congressional 

earmark identified in the joint explanatory statement to accompany the Duncan Hunter National Defense Authorization Act 

for Fiscal Year 2009 (Public Law 110–417) that was printed 

in the Congressional Record on September 23, 2008. 

(3) The term ‘‘national defense authorization Act’’ means 

an Act authorizing funds for a fiscal year for the military 

activities of the Department of Defense, and for other purposes. 

SEC. 1063. REPORT ON BASING PLANS FOR CERTAIN UNITED STATES 

GEOGRAPHIC COMBATANT COMMANDS. 

(a) REPORT REQUIREMENT.—Concurrent with the delivery of 

the report on the 2009 quadrennial defense review required by 

section 118 of title 10, United States Code, the Secretary of Defense 

shall submit to the congressional defense committees a report on 

the plan for basing of forces outside the United States. 

(b) MATTERS COVERED.—The report required under subsection 

(a) shall contain a description of— 

(1) how the plan supports the United States national security strategy; 

(2) how the plan supports the security commitments undertaken by the United States pursuant to any international security treaty, including the North Atlantic Treaty, the Treaty 

of Mutual Cooperation and Security between the United States 

and Japan, and the Security Treaty Between Australia, New 

Zealand, and the United States of America; 

(3) how the plan addresses the current security environment in each geographic combatant command’s area of responsibility, including United States participation in theater security 

10 USC 113 note. 


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cooperation activities and bilateral partnership, exchanges, and 

training exercises; 

(4) the impact that a permanent change in the basing 

of a unit currently stationed outside the United States would 

have on the matters described in paragraphs (1) through (3); 

(5) the impact the plan will have on the status of overseas 

base closure and realignment actions undertaken as part of 

a global defense posture realignment strategy and the status 

of development and execution of comprehensive master plans 

for overseas military main operating bases, forward operating 

sites, and cooperative security locations of the global defense 

posture of the United States; 

(6) any recommendations for additional closures or realignments of military installations outside of the United States; 

and 

(7) any comments resulting from an interagency review 

of the plan that includes the Department of State and other 

relevant Federal departments and agencies. 

(c) NOTIFICATION REQUIREMENT.—The Secretary of Defense 

shall notify Congress at least 30 days before the permanent relocation of a unit stationed outside the United States as of the date 

of the enactment of this Act. 

(d) DEFINITIONS.—In this section: 

(1) UNIT.—The term ‘‘unit’’ has the meaning determined 

by the Secretary of Defense for purposes of this section. 

(2) GEOGRAPHIC COMBATANT COMMAND.—For purposes of 

this section, the term ‘‘geographic combatant command’’ means 

a combatant command with a geographic area of responsibility 

that does not include North America. 

Subtitle F—Other Matters 

SEC. 1071. EXTENSION OF CERTAIN AUTHORITY FOR MAKING 

REWARDS FOR COMBATING TERRORISM. 

Section 127b(c)(3)(C) of title 10, United States Code, is amended 

by striking ‘‘2009’’ and inserting ‘‘2010’’. 

SEC. 1072. BUSINESS PROCESS REENGINEERING. 

(a) NEW PROGRAMS.—Section 2222 of title 10, United States 

Code, is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; 

(B) by inserting before paragraph (2), as redesignated 

by subparagraph (A) of this subsection, the following new 

paragraph (1): 

‘‘(1) the appropriate chief management officer for the 

defense business system modernization has determined whether 

or not— 

‘‘(A) the defense business system modernization is in 

compliance with the enterprise architecture developed 

under subsection (c); and 

‘‘(B) appropriate business process reengineering efforts 

have been undertaken to ensure that— 


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‘‘(i) the business process to be supported by the 

defense business system modernization will be as 

streamlined and efficient as practicable; and 

‘‘(ii) the need to tailor commercial-off-the-shelf systems to meet unique requirements or incorporate 

unique interfaces has been eliminated or reduced to 

the maximum extent practicable;’’; 

(C) in paragraph (2), as redesignated by subparagraph 

(A) of this subsection, by striking subparagraph (A) and 

inserting the following new subparagraph (A): 

‘‘(A) has been determined by the appropriate chief 

management officer to be in compliance with the requirements of paragraph (1);’’; and 

(D) in paragraph (3), as redesignated by subparagraph 

(A) of this paragraph, by striking ‘‘the certification by the 

approval authority is’’ and inserting ‘‘the certification by 

the approval authority and the determination by the chief 

management officer are’’; and 

(2) in subsection (f)— 

(A) by redesignating paragraphs (1) through (5) as 

subparagraphs (A) through (E), respectively; 

(B) by inserting ‘‘(1)’’ before ‘‘The Secretary of Defense’’; 

(C) in subparagraph (E) of paragraph (1), as designated 

by this paragraph, by striking ‘‘paragraphs (1) through 

(4)’’ and inserting ‘‘subparagraphs (A) through (D)’’; and 

(D) by adding at the end the following new paragraph 

(2): 

‘‘(2) For purposes of subsection (a), the appropriate chief 

management officer for a defense business system modernization 

is as follows: 

‘‘(A) In the case of an Army program, the Chief Management Officer of the Army. 

‘‘(B) In the case of a Navy program, the Chief Management 

Officer of the Navy. 

‘‘(C) In the case of an Air Force program, the Chief Management Officer of the Air Force. 

‘‘(D) In the case of a program of a Defense Agency, the 

Deputy Chief Management Officer of the Department of 

Defense. 

‘‘(E) In the case of a program that will support the business 

processes of more than one military department or Defense 

Agency, the Deputy Chief Management Officer of the Department of Defense.’’. 

(b) ONGOING PROGRAMS.— 

(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this Act, the appropriate chief management 

officer for each defense business system modernization 

approved by the Defense Business Systems Management Committee before the date of the enactment of this Act that will 

have a total cost in excess of $100,000,000 shall review such 

defense business system modernization to determine whether 

or not appropriate business process reengineering efforts have 

been undertaken to ensure that— 

(A) the business process to be supported by such 

defense business system modernization will be as streamlined and efficient as practicable; and 

Deadline. 

Review. 

10 USC 2222 

note. 


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(B) the need to tailor commercial-off-the-shelf systems 

to meet unique requirements or incorporate unique interfaces has been eliminated or reduced to the maximum 

extent practicable. 

(2) ACTION ON FINDING OF LACK OF REENGINEERING

EFFORTS.—If the appropriate chief management officer determines that appropriate business process reengineering efforts 

have not been undertaken with regard to a defense business 

system modernization as described in paragraph (1), that chief 

management officer— 

(A) shall develop a plan to undertake business process 

reengineering efforts with respect to the defense business 

system modernization; and 

(B) may direct that the defense business system modernization be restructured or terminated, if necessary to 

meet the requirements of paragraph (1). 

(3) DEFINITIONS.—In this subsection: 

(A) The term ‘‘appropriate chief management officer’’, 

with respect to a defense business system modernization, 

has the meaning given that term in paragraph (2) of subsection (f) of section 2222 of title 10, United States Code 

(as amended by subsection (a)(2) of this section). 

(B) The term ‘‘defense business system modernization’’ 

has the meaning given that term in subsection (j)(3) of 

section 2222 of title 10, United States Code. 

SEC. 1073. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) The table of chapters at the beginning of subtitle A 

is amended— 

(A) in the item relating to chapter 81, by striking 

‘‘1581’’ and inserting ‘‘1580’’; and 

(B) in the item relating to chapter 152, by striking 

‘‘2541’’ and inserting ‘‘2551’’. 

(2) Section 118(g) is amended by striking ‘‘the date of 

the enactment of the National Defense Authorization Act for 

Fiscal Year 2008’’ in paragraphs (1) and (2) and inserting 

‘‘January 28, 2008,’’. 

(3) Section 184(b)(3) is amended by striking ‘‘the date of 

the enactment of this section’’ and inserting ‘‘October 17, 2006’’. 

(4) Section 438 at the end of subchapter I of chapter 21 

is redesignated as section 428. 

(5) The item relating to section 438 in the table of sections 

at the beginning of subchapter I of chapter 21 is redesignated 

as section 428. 

(6) Section 490(b)(1) is amended by striking ‘‘180 days 

after date of the enactment of this section, and every evennumbered year thereafter’’ and inserting ‘‘July 28 of every 

even-numbered year’’. 

(7) The table of chapters at the beginning of part II of 

subtitle A is amended by striking ‘‘1581’’ in the item relating 

to chapter 81 and inserting ‘‘1580’’. 

(8) Section 992(b)(4) is amended by striking the period 

after ‘‘under this section’’. 

(9) Section 1074f(f)(3) is amended by striking ‘‘continency’’ 

and inserting ‘‘contingency’’. 

Plan. 


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(10) Section 1074g(f) is amended by striking ‘‘on or after 

the date of the enactment of the National Defense Authorization 

Act for Fiscal Year 2008’’ and inserting ‘‘after January 28, 

2008’’. 

(11) The section heading for section 1076d is amended 

by striking ‘‘standard’’ and inserting ‘‘Standard’’. 

(12) Section 1079(f)(2)(B) is amended by striking the period 

after ‘‘year’’. 

(13) Section 1142(b) is amended— 

(A) in paragraph (4)(C), by striking ‘‘the Troops-toTeachers Program Act of 1999 (20 U.S.C. 9301 et seq.)’’ 

and inserting ‘‘the Troops-to-Teachers Program under section 2302 of the Elementary and Secondary Education Act 

of 1965 (20 U.S.C. 6672)’’; and 

(B) in paragraph (15), by striking ‘‘federal’’ both places 

it appears and inserting ‘‘Federal’’. 

(14) Section 1175a(h)(1) is amended by striking ‘‘qualities’’ 

and inserting ‘‘qualifies’’. 

(15) Section 1408(h)(2) is amended by striking ‘‘and’’ at 

the end of subparagraph (A). 

(16) The heading of section 1567 is amended to read as 

follows: 

‘‘§ 1567. Duration of military protective orders’’. 

(17) The heading of section 1567a is amended to read 

as follows: 

‘‘§ 1567a. Mandatory notification of issuance of military 

protective order to civilian law enforcement’’. 

(18) Section 2004a is amended— 

(A) in subsection (b)(1), by striking ‘‘pay grade 0-3’’ 

and inserting ‘‘pay grade O-3’’; and 

(B) in subsection (i), by adding a period at the end. 

(19) Section 2127(e) is amended by striking ‘‘of’’ after ‘‘an 

annual grant’’. 

(20) Section 2200a(e)(1) is amended by striking ‘‘section 

(b)’’ and inserting ‘‘subsection (b)’’. 

(21) The table of chapters at the beginning of part IV 

of subtitle A is amended by striking ‘‘2541’’ in the item relating 

to chapter 152 and inserting ‘‘2551’’. 

(22) Section 2306c(h) is amended by striking ‘‘section 

2801(c)(2)’’ and inserting ‘‘section 2801(c)(4)’’. 

(23) Section 2333 is amended— 

(A) in subsection (d)(1)(D)(ii), by striking ‘‘indefinite 

delivery indefinite quantity’’ and inserting ‘‘indefinite 

delivery-indefinite quantity’’; 

(B) in subsection (d)(2), by striking ‘‘this Act’’ and 

inserting ‘‘the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 

2388)’’; and 

(C) in subsection (f)(3), by striking ‘‘section 101(13)’’ 

and inserting ‘‘section 101(a)(13)’’. 

(24) Section 2401(f)(2) is amended by striking ‘‘the date 

of the enactment of the National Defense Authorization Act 

for Fiscal Year 2006’’ and inserting ‘‘January 6, 2006’’. 


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123 STAT. 2474 PUBLIC LAW 111–84—OCT. 28, 2009 

(25) Section 2461(c)(3)(A) is amended by striking ‘‘public 

private competition’’ both places it appears in the first sentence 

and inserting ‘‘public-private competition’’. 

(26) Section 2667(g)(1) is amended by striking ‘‘law,’’ and 

all that follows through ‘‘may’’ and inserting ‘‘law, the Secretary 

concerned may’’. 

(27) Section 2684a(g)(2) is amended by striking ‘‘the following the following’’ and inserting ‘‘the following’’. 

(28) Section 2701(d)(5) is amended by striking ‘‘6920)’’ and 

inserting ‘‘9620)’’. 

(29) Sections 4348(f), 6959(f), and 9348(f) are amended 

by striking ‘‘section (a)’’ and inserting ‘‘subsection (a)’’. 

(30) The item relating to section 7317 in the table of 

sections at the beginning of chapter 633 is amended by inserting 

a period after ‘‘thereof’’. 

(31) Section 7306b(b)(1) is amended by striking ‘‘1802(14))’’ 

and inserting ‘‘1802(14)))’’. 

(32) The item relating to section 9515 in the table of 

sections at the beginning of chapter 941 is transferred to appear 

after the item relating to section 9514 in the table of sections 

at the beginning of chapter 931. 

(33) The item relating to chapter 1409 in the table of 

chapters at the beginning of subtitle E is amended by striking 

‘‘Reserve-Active Status List’’ and inserting ‘‘Reserve ActiveStatus List’’. 

(34) Section 12310(c)(1)(A) is amended by striking ‘‘section 

12304(i)(2) of this title’’ and inserting ‘‘section 1403 of the 

Defense Against Weapons of Mass Destruction Act of 1996 

(50 U.S.C. 2302(1))’’. 

(35) Section 12731(f)(2)(A) is amended by striking ‘‘the 

date of the enactment of the National Defense Authorization 

Act for Fiscal Year 2008’’ and inserting ‘‘January 28, 2008’’. 

(36) Section 16163(e)(1) is amended by striking ‘‘programs’’ 

and inserting ‘‘program’’. 

(b) TITLE 37, UNITED STATES CODE.—Section 308(a)(2)(A)(ii) 

of title 37, United States Code, is amended by striking the comma 

before the period at the end. 

(c) DUNCAN HUNTER NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2009.—Effective as of October 14, 2008, and 

as if included therein as enacted, the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417) is amended as follows: 

(1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 2710 note) 

is amended by striking ‘‘Secretary’’ and inserting ‘‘Secretary 

of Defense’’. 

(2) Section 523(1) (122 Stat. 4446) is amended by striking 

‘‘serving or’’ and inserting ‘‘serving in or’’. 

(3) Section 616 (122 Stat. 4486) is amended by striking 

‘‘of title’’ in subsections (b) and (c) and inserting ‘‘of such title’’. 

(4) Section 811(c)(6)(A)(iv)(I) (122 Stat. 4524) is amended 

by striking ‘‘after of ‘the program’ ’’ and inserting ‘‘after ‘of 

the program’ ’’. 

(5) Section 813(d)(3) (122 Stat. 4527) is amended by striking 

‘‘each of subsections (c)(2)(A) and (d)(2)’’ and inserting ‘‘subsection (c)(2)(A)’’. 

(6) Section 834(a)(2) (122 Stat. 4537) is amended by 

inserting ‘‘subchapter II of’’ before ‘‘chapter 87’’. 

10 USC 2302 

note. 

10 USC 2433. 

10 USC 

2130a, 16201. 

10 USC 662. 

6 USC 121 note. 

Effective date. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2475 

(7) Section 855 (122 Stat. 4545) is repealed. 

(8) Section 921(1) (122 Stat. 4573) is amended by striking 

‘‘subsections (f) and (g) as subsections (g) and (h)’’ and inserting 

‘‘subsections (f), (g), and (h) as subsections (g), (h), and (i)’’. 

(9) Section 931(b)(5) (122 Stat. 4575) is amended— 

(A) by striking ‘‘Section 201(e)(2)’’ and inserting ‘‘Section 201(f)(2)(E)’’; and 

(B) by striking ‘‘(6 U.S.C. 121(e)(2))’’ and inserting ‘‘(6 

U.S.C. 121(f)(2)(E))’’. 

(10) Section 932 (122 Stat. 4576) is repealed. 

(11) Section 1059 (122 Stat. 4611) is amended by striking 

‘‘Act of’’ and inserting ‘‘Act for’’. 

(12) Section 1061(b)(3) (122 Stat. 4613) is amended by 

striking ‘‘103’’ and inserting ‘‘188’’. 

(13) Section 2104(b) (122 Stat. 4664) is amended in the 

matter preceding paragraph (1) by striking ‘‘section 2401’’ and 

inserting ‘‘section 2101’’. 

(14) Section 3508(b) (122 Stat. 4769) is amended to read 

as follows: 

‘‘(b) CONFORMING AMENDMENT.—The chapter 541 of title 46, 

United States Code, as inserted and amended by the amendments 

made by subparagraphs (A) through (D) of section 3523(a)(6) of 

the National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 599), is repealed.’’. 

(15) Section 3511(d) (122 Stat. 4770) is amended by 

inserting before the period the following: ‘‘, and by striking 

‘CALENDAR’ and inserting ‘FISCAL’ in the heading for paragraph 

(2)’’. 

(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

2008.—Section 1107(e)(1) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public 110–181; 10 U.S.C. 2358 note) 

is amended by striking ‘‘Not later than’’ and all that follows through 

‘‘subsection is submitted,’’ and inserting ‘‘Not later than November 

29, 2008, and not later than March 1 of each year thereafter,’’. 

SEC. 1074. EXTENSION OF SUNSET FOR CONGRESSIONAL COMMISSION 

ON THE STRATEGIC POSTURE OF THE UNITED STATES. 

Section 1062(g) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 319) is amended 

by striking ‘‘September 30, 2009’’ and inserting ‘‘December 31, 

2009’’. 

SEC. 1075. COMBAT AIR FORCES RESTRUCTURING. 

(a) LIMITATIONS RELATING TO LEGACY AIRCRAFT.—Until the 

expiration of the 30-day period beginning on the date the Secretary 

of the Air Force submits a report in accordance with subsection 

(b), the following provisions apply: 

(1) PROHIBITION ON RETIREMENT OF AIRCRAFT.—The Secretary of the Air Force may not retire any fighter aircraft 

pursuant to the Combat Air Forces restructuring plan 

announced by the Secretary on May 18, 2009. 

(2) PROHIBITION ON PERSONNEL REASSIGNMENTS.—The Secretary of the Air Force may not reassign any Air Force personnel (whether on active duty or a member of a reserve component, including the National Guard) associated with such 

restructuring plan. 

Deadline. 

Time period. 

Reports. 

Applicability. 

46 USC 55314. 

Repeal. 

46 USC 53101, 

54101. 

10 USC 1074g 

note. 

10 USC 113 note. 

Repeal. 

10 USC 193, 201, 

425, 431, 441, 

443, 444, 2273, 

2723. 

6 USC 121. 

50 USC 1521 

note. 

Repeal. 

18 USC 3287. 


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123 STAT. 2476 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) REPORT.—The report under subsection (a) shall be submitted 

to the Committees on Armed Services of the House of Representatives and the Senate and shall include the following information: 

(1) A detailed plan of how the force structure and capability 

gaps resulting from the retirement actions will be addressed. 

(2) An explanation of the assessment conducted of the 

current threat environment and current capabilities. 

(3) A description of the follow-on mission assignments for 

each affected base. 

(4) An explanation of the criteria used for selecting the 

affected bases and the particular fighters chosen for retirement. 

(5) A description of the environmental analyses being conducted. 

(6) An identification of the reassignment and manpower 

authorizations necessary for the Air Force personnel (both 

active duty and reserve component) affected by the retirements 

if such retirements are accomplished. 

(7) A description of the funding needed in fiscal years 

2010 through 2015 to cover operation and maintenance costs, 

personnel, and aircraft procurement, if the restructuring plan 

is not carried out. 

(8) An estimate of the cost avoidance should the restructuring plan more forward and a description of how such funds 

would be invested during the future-years defense plan to 

ensure the remaining fighter force achieves the desired service 

life and is sufficiently modernized to outpace the threat. 

(c) EXCEPTION FOR CERTAIN AIRCRAFT.—The prohibition in subsection (a)(1) shall not apply to the five fighter aircraft scheduled 

for retirement in fiscal year 2010, as announced when the budget 

for fiscal year 2009 was submitted to Congress. 

SEC. 1076. SENSE OF CONGRESS REGARDING CARRIER AIR WING 

FORCE STRUCTURE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Section 5062(b) of title 10, United States Code, requires 

the Department of the Navy to maintain not less than 11 

operational aircraft carriers. 

(2) In repeated testimony before Congress, the Navy has 

pledged its long-term commitment to naval combat forces that 

include 11 operational aircraft carriers and 10 carrier air wings, 

composed of 44 strike-fighter aircraft per wing. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) in addition to the forces described in section 5062(b) 

of title 10, United States Code, the Navy should meet its 

current requirement for 10 carrier air wings (even if the number 

of aircraft carriers is temporarily reduced) that are comprised 

of not less than 44 strike-fighter aircraft, in addition to any 

other aircraft associated with the air wing; and 

(2) the Congress and the Secretary of the Navy should 

take all appropriate actions necessary to achieve the current 

requirement for such carrier air wings until such time that 

modifications to the carrier air wing force structure are warranted and the Secretary of the Navy provides Congress with 

a justification of any proposed modifications, supported by rigorous and sufficient warfighting analysis. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2477 

SEC. 1077. DEPARTMENT OF VETERANS AFFAIRS USE OF SERVICE 

DOGS FOR THE TREATMENT OR REHABILITATION OF VETERANS WITH PHYSICAL OR MENTAL INJURIES OR 

DISABILITIES. 

(a) PROGRAM REQUIRED.—Not later than 270 days after the 

date of the enactment of this Act, the Secretary of Veterans Affairs 

shall commence a three-year study to assess the benefits, feasibility, 

and advisability of using service dogs for the treatment or 

rehabilitation of veterans with physical or mental injuries or disabilities, including post-traumatic stress disorder. 

(b) PARTNERSHIPS.— 

(1) IN GENERAL.—The Secretary shall carry out the study 

by partnering with nonprofit 501(c)(3) organizations that— 

(A) would not charge veterans who participate in the 

study fees for the dogs, services, or lodging that they provide; and 

(B) are accredited by, or adhere to standards comparable to those of, an accrediting organization with demonstrated experience, national scope, and recognized leadership and expertise in the training of service dogs and 

education in the use of service dogs. 

(2) REIMBURSEMENT OF COSTS.—The Secretary shall 

reimburse partners $10,000 for each dog provided to a veteran 

who enrolls in the study and successfully completes a training 

program offered by one of the partners. 

(c) PARTICIPATION.— 

(1) IN GENERAL.—As part of the study, the Secretary shall, 

subject to paragraph (2), arrange for the provision of a service 

dog to the greater of the following: 

(A) 200 veterans. 

(B) A sufficient number of such veterans to produce 

scientifically valid results with respect to assessing the 

benefits and costs of the use of such dogs for the treatment 

or rehabilitation of such veterans. 

(2) NUMBER OF VETERANS.—The Department of Veterans 

Affairs may provide dogs to fewer than 200 veterans if, despite 

its sustained and repeated efforts, it is unable to recruit 200 

veterans to participate in the study referred to in subsection 

(d). 

(3) ELIGIBLE VETERANS.—A veteran is eligible to enroll 

and participate in the study on an ongoing basis if: 

(A) The veteran has physical disabilities (other than 

blindness or hearing impairment) or mental injuries or 

disabilities. 

(B) A Department of Veterans Affairs provider determines, based on clinical evaluation of efficacy, that the 

veteran is an appropriate candidate for the study and may 

potentially benefit from a service dog. 

(C) The veteran agrees to successfully complete a 

training program arranged by the Department of Veterans 

Affairs and offered by a nonprofit 501(c)(3) organization 

that is accredited by, or adheres to standards comparable 

to those of, an accrediting organization with demonstrated 

experience, national scope, and recognized leadership and 

expertise in the training of service dogs and education 

in the use of service dogs. 

Deadline. 

Study. 


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123 STAT. 2478 PUBLIC LAW 111–84—OCT. 28, 2009 

(4) COMPOSITION.—The Secretary shall ensure that at least 

half of the participants in the study are veterans who suffer 

primarily from a mental health injury or disability. 

(5) AUTHORIZED BENEFITS.—The Department of Veterans 

Affairs will provide to a veteran participating in this study: 

(A) Veterinary treatment to maintain the health of 

the dog and keep it functioning in its prescribed role. 

(B) Hardware required by the dog to perform its tasks, 

and repairs to such hardware. 

(C) Payments and allowances for travel incurred in 

becoming adjusted to the service dogs, to be paid in the 

same manner that payments and allowances are authorized 

under section 111 of title 38, United States Code, and 

its implementing regulations. 

(6) ADDITIONAL BENEFIT FOR ASSOCIATED EXPENSES.—As 

an incentive for participation in the study, veterans participating in the study will receive from the Department of Veterans Affairs a monthly payment of $75 to offset costs associated with the dog in addition to those identified in paragraph 

(5), such as services not prescribed or performed by a veterinarian, including but not limited to, license tags (if required), 

food, grooming, nail trimming, boarding, and over-the-counter 

medications. 

(7) OPTION FOR OWNERSHIP OF, AND RESPONSIBILITY FOR, 

THE DOG AFTER THE COMPLETION OF THE STUDY.—At the end 

of the study the veteran will have the option of ownership 

of the dog. If the veteran does not wish to retain the dog, 

the 501(c)(3) organization that provided the dog will be responsible for caring for or appropriately placing the dog. In any 

case after completion of the study, or if and when the veteran 

chooses to not participate in the study until completion, further 

responsibility by the Department of Veterans Affairs for any 

benefits in this provision will cease. Further, the Department 

of Veterans Affairs’ liability related to the dog will cease. 

(d) STUDY.—The Secretary shall conduct a scientifically valid 

research study of the costs and benefits associated with the use 

of service dogs for the treatment or rehabilitation of veterans with 

physical or mental injuries or disabilities. The matters studied 

shall include the following: 

(1) The therapeutic benefits to such veterans, including 

the quality of life benefits reported by the veterans partaking 

in the study. 

(2) The economic benefits of using service dogs for the 

treatment or rehabilitation of such veterans, including— 

(A) savings on health care costs, including savings 

related to reductions in hospitalization and reductions in 

the use of prescription drugs; and 

(B) productivity and employment gains for the veterans. 

(e) REPORTS.— 

(1) ANNUAL REPORT OF THE SECRETARY.—After each year 

of the study, the Secretary shall submit to Congress a report 

on the findings of the Secretary with respect to the study. 

(2) FINAL REPORT BY THE NATIONAL ACADEMY OF

SCIENCES.—Not later than 180 days after the date of the 

completion of the study, the National Academy of Sciences 

shall submit to Congress a report on the results of the study. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2479 

(f) FUNDING.—The study under this section is subject to the 

availability of appropriations provided to the Department of Veterans Affairs for such purpose. 

SEC. 1078. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID ROCKET 

MOTOR INDUSTRIAL BASE. 

(a) IN GENERAL.—The Secretary of Defense shall review and 

establish a plan to sustain the solid rocket motor industrial base, 

including the ability to maintain and sustain currently deployed 

strategic and missile defense systems and to maintain an intellectual and engineering capacity to support next generation rocket 

motors, as needed. 

(b) SUBMISSION OF PLAN.—Not later than June 1, 2010, the 

Secretary of Defense shall submit to the congressional defense 

committees the plan required under subsection (a). 

SEC. 1079. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM. 

It is the sense of Congress that the claims of American victims 

of torture and hostage taking by the Government of Iraq during 

the regime of Saddam Hussein that are subject to Presidential 

Determination Number 2008-9 of January 28, 2008, which waived 

application of section 1083 of the National Defense Authorization 

Act for Fiscal Year 2008, should be resolved by a prompt and 

fair settlement negotiated between the Government of Iraq and 

the Government of the United States, taking note of the provisions 

of H.R. 5167 of the 110th Congress, which was adopted by the 

United States House of Representatives. 

SEC. 1080. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE 

INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR 

UNDER THE EFFECTIVE CONTROL OF THE DEPARTMENT 

OF DEFENSE. 

(a) VIDEOTAPING OR OTHER ELECTRONIC RECORDING

REQUIRED.—In accordance with the Army Field Manual on Human 

Intelligence Collector Operations (FM 2–22.3, September 2006), or 

any successor thereto, and the guidelines developed pursuant to 

subsection (f), the Secretary of Defense shall ensure that each 

strategic intelligence interrogation of any person who is in the 

custody or under the effective control of the Department of Defense 

or under detention in a Department of Defense facility is videotaped 

or otherwise electronically recorded. 

(b) CLASSIFICATION OF INFORMATION.—To protect United States 

national security, the safety of the individuals conducting or 

assisting in the conduct of a strategic intelligence interrogation, 

and the privacy of persons described in subsection (a), the Secretary 

of Defense shall provide for the appropriate classification of videotapes or other electronic recordings made pursuant to subsection 

(a). The use of such classified videotapes or other electronic 

recordings in proceedings conducted under the Detainee Treatment 

Act of 2005 (title 14 of Public Law 109–163 and title 10 of Public 

Law 109–148), the Military Commissions Act of 2006 (10 U.S.C. 

948 et seq.; Public Law 109–366), as amended by section 1802 

of this Act, or at any other judicial or administrative forum under 

any other provision of law shall be governed by applicable rules, 

regulations, and laws that protect classified information. 

10 USC 801 note. 

Review. 


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123 STAT. 2480 PUBLIC LAW 111–84—OCT. 28, 2009 

(c) STRATEGIC INTELLIGENCE INTERROGATION DEFINED.—For 

purposes of this section, the term ‘‘strategic intelligence interrogation’’ means an interrogation of a person described in subsection 

(a) conducted at a theater-level detention facility. 

(d) EXCLUSION.—Nothing in this section shall be construed 

as requiring— 

(1) any member of the Armed Forces engaged in direct 

combat operations to videotape or otherwise electronically 

record an interrogation of a person described in subsection 

(a); or 

(2) the videotaping of or otherwise electronically recording 

of tactical questioning, as such term is defined in the Army 

Field Manual on Human Intelligence Collector Operations (FM 

2–22.3, September 2006), or any successor thereto. 

(e) WAIVER.— 

(1) WAIVERS AUTHORIZED.—The Secretary of Defense may, 

as an exceptional measure, as part of a specific interrogation 

plan for a specific person described in subsection (a), waive 

the requirement in that subsection on a case-by-case basis 

for a period not to exceed 30 days, if the Secretary— 

(A) makes a determination in writing that such a 

waiver is necessary to the national security interests of 

the United States; and 

(B) by not later than five days after the date on which 

such a determination is made, submits to the Committees 

on Armed Services of the Senate and House of Representatives, the House Permanent Select Committee on Intelligence, and the Senate Select Committee on Intelligence 

notice of that determination, including a justification for 

that determination. 

(2) SUSPENSIONS AUTHORIZED.—The Secretary may temporarily suspend the requirement under subsection (a) at a specific theater-level detention facility for a period not to exceed 

30 days, if the Secretary— 

(A) makes a determination in writing that such a 

suspension is vital to the national security interests of 

the United States; and 

(B) by not later than five days after the date on which 

such a determination is made, submits to the Committees 

on Armed Services of the Senate and House of Representatives, the House Permanent Select Committee on Intelligence, and the Senate Select Committee on Intelligence 

notice of that determination, including a justification for 

that determination. 

(3) LIMITATION ON DELEGATION OF AUTHORITY.—This 

authority of the Secretary under this subsection may only be 

delegated as follows: 

(A) In the case of the authority under paragraph (1), 

such authority may not be delegated below the level of 

the combatant commander of the theater in which the 

detention facility holding the person is located. 

(B) In the case of the authority under paragraph (2), 

such authority may not be delegated below the level of 

the Deputy Secretary of Defense. 

(4) EXTENSIONS.—The Secretary may extend a waiver 

under paragraph (1) for one additional 30-day period, or a 

Deadline. 

Notice. 

Determination. 

Deadline. 

Notice. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2481 

suspension under paragraph (2) for one additional 30-day 

period, if— 

(A) the Secretary— 

(i) in the case of such a waiver, makes a determination in writing that such an extension is necessary 

to the national security interests of the United State; 

or 

(ii) in the case of such a suspension, makes a 

determination in writing that such an extension is 

vital to the national security interests of the United 

States; and 

(B) by not later than five days after the date on which 

such a determination is made, the Secretary submits to 

the Committees on Armed Services of the Senate and House 

of Representatives, the House Permanent Select Committee 

on Intelligence, and the Senate Select Committee on Intelligence notice of that determination, including a justification for that determination. 

(f) GUIDELINES.— (1) DEVELOPMENT OF GUIDELINES.—The Secretary of 

Defense, acting through the Judge Advocates General (as 

defined in section 801(1) of title 10, United States Code, (Article 

1 of the Uniform Code of Military Justice)), shall develop and 

adopt uniform guidelines for videotaping or otherwise electronically recording strategic intelligence interrogations as required 

under subsection (a). Such guidelines shall, at a minimum— 

(A) promote full compliance with the laws of the United 

States; 

(B) promote the exploitation of intelligence; 

(C) address the retention, maintenance, and disposition 

of videotapes or other electronic recordings, consistent with 

subparagraphs (A) and (B) and with the interests of justice; 

and 

(D) ensure the safety of all participants in the interrogations. 

(2) SUBMITTAL TO CONGRESS.—Not later than 30 days after 

the date of the enactment of this section, the Secretary of 

Defense shall submit to the Committees on Armed Services 

of the Senate and House of Representatives a report containing 

the guidelines developed under paragraph (1). Such report shall 

be in an unclassified form but may include a classified annex. 

SEC. 1081. MODIFICATION OF PILOT PROGRAM ON COMMERCIAL FEEFOR-SERVICE AIR REFUELING SUPPORT FOR THE AIR 

FORCE. 

Section 1081(a) of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110-181; 122 Stat. 335; 10 U.S.C. 

2461 note) is amended by inserting before the period at the end 

of the first sentence the following: ‘‘, unless the Secretary of Defense 

submits notification to the congressional defense committees that 

pursuing such a program is not in the national interest’’. 

SEC. 1082. MULTIYEAR CONTRACTS UNDER PILOT PROGRAM ON 

COMMERCIAL FEE-FOR-SERVICE AIR REFUELING SUPPORT FOR THE AIR FORCE. 

(a) MULTIYEAR CONTRACTS AUTHORIZED.—The Secretary of the 

Air Force may enter into one or more multiyear contracts, beginning 

with the fiscal year 2011 program year, for purposes of conducting 

10 USC 2461 

note. 

Deadline. 

Reports. 

Deadline. 

Determination. 


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123 STAT. 2482 PUBLIC LAW 111–84—OCT. 28, 2009 

the pilot program on utilizing commercial fee-for-service air 

refueling tanker aircraft for Air Force operations required by section 

1081 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110-181; 122 Stat. 335). 

(b) COMPLIANCE WITH LAW APPLICABLE TO MULTIYEAR CONTRACTS.—Any contract entered into under subsection (a) shall be 

entered into in accordance with the provisions of section 2306c 

of title 10, United States Code, except that— 

(1) the term of the contract may not be more than 8 

years; and 

(2) notwithstanding section 2306c(b) of such title, the 

authority under section 2306c(a) of such title shall apply to 

the fee-for-service air refueling pilot program. 

(c) COMPLIANCE WITH LAW APPLICABLE TO SERVICE CONTRACTS.—A contract entered into under subsection (a) shall be 

entered into in accordance with the provisions of section 2401 

of title 10, United States Code, except that— 

(1) the Secretary shall not be required to certify to the 

congressional defense committees that the contract is the most 

cost-effective means of obtaining commercial fee-for-service air 

refueling tanker aircraft for Air Force operations; and 

(2) the Secretary shall not be required to certify to the 

congressional defense committees that there is no alternative 

for meeting urgent operational requirements other than making 

the contract. 

(d) LIMITATION ON AMOUNT.—The amount of a contract under 

subsection (a) may not exceed $999,999,999. 

(e) PROVISION OF GOVERNMENT INSURANCE.—A commercial air 

operator contracting with the Department of Defense under the 

pilot program referred to in subsection (a) shall be eligible to 

receive Government-provided insurance pursuant to chapter 443 

of title 49, United States Code, if commercial insurance is unavailable on reasonable terms and conditions. 

SEC. 1083. DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS 

AT WESTERN HEMISPHERE INSTITUTE FOR SECURITY 

COOPERATION. 

(a) DISCLOSURE.— 

(1) IN GENERAL.—The Secretary of Defense shall release 

to the public, upon request, the information described in paragraph (2) for each of fiscal years 2009 and 2010. 

(2) CONTENT.—The information to be released under paragraph (1) shall include, with respect to the fiscal year covered, 

the entire name, including the first, middle, and surnames, 

with respect to each student and instructor at the Western 

Hemisphere Institute for Security Cooperation. 

(b) WAIVER.—The Secretary of Defense may waive the requirement under subsection (a) if the Secretary determines it to be 

in the national interest. 

SEC. 1084. SENSE OF CONGRESS REGARDING THE WESTERN HEMISPHERE INSTITUTE FOR SECURITY COOPERATION. 

It is the sense of Congress that— 

(1) the Western Hemisphere Institute for Security Cooperation— 

Public 

information. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2483 

(A) offers quality professional military bilingual 

instruction for military officers and noncommissioned officers that promotes democracy, subordination to civilian 

authority, and respect for human rights; and 

(B) is uniquely positioned to support the modernization 

of Latin America security forces as they work to transcend 

their own controversial pasts; 

(2) the Western Hemisphere Institute for Security Cooperation is building partner capacity which enhances regional and 

global security while encouraging respect for human rights 

and promoting democratic principles among eligible military 

personnel, law enforcement officials, and civilians of nations 

of the Western Hemisphere; 

(3) the Western Hemisphere Institute for Security Cooperation is an invaluable education and training facility the curriculum of which is not duplicated in any of the military departments and is not replaceable by professional military education 

funded by appropriations for International Military Education 

and Training, for which education is not conducted in Spanish 

and does not concentrate on regional challenges; and 

(4) the Western Hemisphere Institute for Security Cooperation is an essential tool to educate future generations of Latin 

American leaders and improve United States relationships with 

partner nations that are working with the United States to 

promote democracy, prosperity, and stability in the Western 

Hemisphere. 

TITLE XI—CIVILIAN PERSONNEL 

MATTERS 

Subtitle A—Personnel 

Sec. 1101. Authority to employ individuals completing the National Security Education Program. Sec. 1102. Authority for employment by Department of Defense of individuals who 

have successfully completed the requirements of the science, mathematics, and research for transformation (SMART) defense scholarship 

program. Sec. 1103. Authority for the employment of individuals who have successfully completed the Department of Defense information assurance scholarship 

program. Sec. 1104. Extension and modification of experimental personnel management program for scientific and technical personnel. Sec. 1105. Modification to Department of Defense laboratory personnel authority. 

Sec. 1106. One-year extension of authority to waive annual limitation on premium 

pay and aggregate limitation on pay for Federal civilian employees 

working overseas. Sec. 1107. Extension of certain benefits to Federal civilian employees on official 

duty in Pakistan. Sec. 1108. Requirement for Department of Defense strategic workforce plans. 

Sec. 1109. Adjustments to limitations on personnel and requirement for annual 

manpower reporting. Sec. 1110. Pilot program for the temporary exchange of information technology personnel. 

Sec. 1111. Availability of funds for compensation of certain civilian employees of 

the Department of Defense. Sec. 1112. Department of defense civilian leadership program. 

Sec. 1113. Provisions relating to the National Security Personnel System. 

Sec. 1114. Provisions relating to the Defense Civilian Intelligence Personnel System. 

Subtitle B—Provisions Relating to Reemployment of Annuitants 

Sec. 1121. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants. 


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123 STAT. 2484 PUBLIC LAW 111–84—OCT. 28, 2009 

Sec. 1122. Part-time reemployment. 

Sec. 1123. Government Accountability Office report. 

Subtitle A—Personnel 

SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COMPLETING THE 

NATIONAL SECURITY EDUCATION PROGRAM. 

Section 802 of the David L. Boren National Security Education 

Act of 1991 (50 U.S.C. 1902) is amended by adding at the end 

the following new subsection: 

‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The Secretary 

of Defense, the Secretary of Homeland Security, the Secretary of 

State, or the head of a Federal agency or office identified by the 

Secretary of Defense under subsection (g) as having national security responsibilities— 

‘‘(1) may, without regard to any provision of title 5 governing appointments in the competitive service, appoint to a 

position that is identified under subsection (b)(2)(A)(i) as having 

national security responsibilities, or to a position in such Federal agency or office, in the excepted service an individual 

who has successfully completed an academic program for which 

a scholarship or fellowship under this section was awarded 

and who, under the terms of the agreement for such scholarship 

or fellowship, at the time of such appointment owes a service 

commitment to such Department or such Federal agency or 

office; and 

‘‘(2) may, upon satisfactory completion of two years of 

substantially continuous service by an incumbent who was 

appointed to an excepted service position under the authority 

of paragraph (1), convert the appointment of such individual, 

without competition, to a career or career conditional appointment.’’. 

SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPARTMENT OF 

DEFENSE OF INDIVIDUALS WHO HAVE SUCCESSFULLY 

COMPLETED THE REQUIREMENTS OF THE SCIENCE, 

MATHEMATICS, AND RESEARCH FOR TRANSFORMATION 

(SMART) DEFENSE SCHOLARSHIP PROGRAM. 

(a) AUTHORITY FOR EMPLOYMENT.—Subsection (d) of section 

2192a of title 10, United States Code, is amended to read as 

follows: 

‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The Secretary 

of Defense— 

‘‘(1) may, without regard to any provision of title 5 governing appointment of employees to competitive service positions within the Department of Defense, appoint to a position 

in the Department of Defense in the excepted service an individual who has successfully completed an academic program 

for which a scholarship or fellowship under this section was 

awarded and who, under the terms of the agreement for such 

scholarship or fellowship, at the time of such appointment, 

owes a service commitment to the Department; and 

‘‘(2) may, upon satisfactory completion of 2 years of substantially continuous service by an incumbent who was appointed 

to an excepted service position under the authority of paragraph 

(1), convert the appointment of such individual, without competition, to a career or career conditional appointment.’’. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2485 

(b) CONFORMING AMENDMENT.—Subsection (c)(2) of such section 

is amended by striking ‘‘Except as provided in subsection (d), the’’ 

in the second sentence and inserting ‘‘The’’. 

(c) TECHNICAL AMENDMENTS.—Subsection (f) of such section 

is amended— 

(1) by striking the first sentence; and 

(2) by striking ‘‘the authorities provided in such chapter’’ 

and inserting ‘‘the other authorities provided in this chapter’’. 

(d) REPEAL OF OBSOLETE PROVISIONS.—(1) Such section is further amended by striking subsection (g) and by redesignating subsection (h) as subsection (g). 

(2) Subparagraph (B) of section 3304(a)(3) of title 5, United 

States Code, is amended to read as follows: 

‘‘(B) the Office of Personnel Management has determined that there exists a severe shortage of candidates 

or that there is a critical hiring need.’’. 

SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVIDUALS WHO 

HAVE SUCCESSFULLY COMPLETED THE DEPARTMENT OF 

DEFENSE INFORMATION ASSURANCE SCHOLARSHIP PROGRAM. 

(a) IN GENERAL.—Section 2200a of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(g) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The Secretary 

of Defense— 

‘‘(1) may, without regard to any provision of title 5 governing appointments in the competitive service, appoint to an 

information technology position in the Department of Defense 

in the excepted service an individual who has successfully 

completed an academic program for which a scholarship under 

this section was awarded and who, under the terms of the 

agreement for such scholarship, at the time of such appointment 

owes a service commitment to the Department; and 

‘‘(2) may, upon satisfactory completion of two years of 

substantially continuous service by an incumbent who was 

appointed to an excepted service position under the authority 

of paragraph (1), convert the appointment of such individual, 

without competition, to a career or career conditional appointment.’’. 

(b) TECHNICAL AMENDMENT.—Subsection (a) of such section 

is amended by striking ‘‘subsection (g),’’ and inserting ‘‘subsection 

(f),’’. 

SEC. 1104. EXTENSION AND MODIFICATION OF EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR SCIENTIFIC AND 

TECHNICAL PERSONNEL. 

(a) THREE-YEAR EXTENSION.—Subsection (e)(1) of section 1101 

of the Strom Thurmond National Defense Authorization Act for 

Fiscal Year 1999 (5 U.S.C. 3104 note) is amended by striking 

‘‘September 30, 2011’’ and inserting ‘‘September 30, 2014’’. 

(b) LIMITATIONS ON ADDITIONAL PAYMENTS.—Such section is 

further amended— 

(1) in subsection (b)(3), by striking ‘‘under subsection (d)(1)’’ 

and inserting ‘‘under subsection (d)’’; and 

(2) by striking subsection (d) and inserting the following: 

‘‘(d) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1) Subject to 

paragraph (3), the total amount of additional payments paid to 


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123 STAT. 2486 PUBLIC LAW 111–84—OCT. 28, 2009 

an employee under subsection (b)(3) for any 12-month period may 

not exceed the lesser of the following amounts: ‘‘(A) $50,000 in fiscal year 2010, which may be adjusted 

annually thereafter by the Secretary, with a percentage 

increase equal to one-half of 1 percentage point less than the 

percentage by which the Employment Cost Index, published 

quarterly by the Bureau of Labor Statistics, for the base quarter 

of the year before the preceding calendar year exceeds the 

Employment Cost Index for the base quarter of the second 

year before the preceding calendar year. 

‘‘(B) The amount equal to 50 percent of the employee’s 

annual rate of basic pay. 

‘‘(2) In paragraph (1), the term ‘base quarter’ has the meaning 

given that term in section 5302(3) of title 5, United States Code. 

‘‘(3) Notwithstanding any other provision of this section or 

section 5307 of title 5, United States Code, no additional payments 

may be paid to an employee under subsection (b)(3) in any calendar 

year if, or to the extent that, the employee’s total annual compensation in such calendar year will exceed the maximum amount of 

total annual compensation payable at the salary set in accordance 

with section 104 of title 3, United States Code. 

‘‘(4) An employee appointed under the program is not eligible 

for any bonus, monetary award, or other monetary incentive for 

service under the appointment other than payments authorized 

by this section.’’. 

(c) REPORTING REQUIREMENTS.—Paragraph (1) of subsection (g) 

of such section is amended to read as follows: 

‘‘(1)(A) Not later than December 31 of each year in which 

the authority under this section is in effect, the Secretary 

of Defense shall submit to the committees of Congress specified 

in subparagraph (B) a report on the operation of this section. 

Each report shall cover the fiscal year that most recently ended 

before such December 31. 

‘‘(B) The committees of Congress specified in this subparagraph are— 

‘‘(i) the Committee on Armed Services, the Committee 

on Homeland Security and Governmental Affairs, and the 

Committee on Appropriations of the Senate; and 

‘‘(ii) the Committee on Armed Services, the Committee 

on Oversight and Government Reform, and the Committee 

on Appropriations of the House of Representatives.’’. 

SEC. 1105. MODIFICATION TO DEPARTMENT OF DEFENSE LABORATORY 

PERSONNEL AUTHORITY. 

(a) DESIGNATION OF LABORATORIES.—Each of the following is 

hereby designated as a Department of Defense science and technology reinvention laboratory (as described in section 342(b) of 

the National Defense Authorization Act for Fiscal Year 1995 (Public 

Law 103–337; 108 Stat. 2721), as amended by section 1114 of 

the Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001): 

(1) The Aviation and Missile Research Development and 

Engineering Center. 

(2) The Army Research Laboratory. 

(3) The Medical Research and Materiel Command. 

(4) The Engineer Research and Development Command. 

(5) The Communications-Electronics Command. 

10 USC 2358 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2487 

(6) The Soldier and Biological Chemical Command. 

(7) The Naval Sea Systems Command Centers. 

(8) The Naval Research Laboratory. 

(9) The Office of Naval Research. 

(10) The Air Force Research Laboratory. 

(11) The Tank and Automotive Research Development and 

Engineering Center. 

(12) The Armament Research Development and 

Engineering Center. 

(13) The Naval Air Warfare Center, Weapons Division. 

(14) The Naval Air Warfare Center, Aircraft Division. 

(15) The Space and Naval Warfare Systems Center, Pacific. 

(16) The Space and Naval Warfare Systems Center, 

Atlantic. 

(17) The laboratories within the Army Research Development and Engineering Command. 

(b) CONVERSION PROCEDURES.—The Secretary of Defense shall 

implement procedures to convert the civilian personnel of each 

Department of Defense science and technology reinvention laboratory, as so designated by subsection (a), from the personnel system 

which applies as of the date of the enactment of this Act to the 

personnel system under an appropriate demonstration project (as 

referred to in such section 342(b)). Any conversion under this subsection— 

(1) shall not adversely affect any employee with respect 

to pay or any other term or condition of employment; 

(2) shall be consistent with section 4703(f) of title 5, United 

States Code; 

(3) shall be completed within 18 months after the date 

of the enactment of this Act; and 

(4) shall not apply to prevailing rate employees (as defined 

by section 5342(a)(2) of title 5, United States Code) or senior 

executives (as defined by section 3132(a)(3) of such title). 

(c) LIMITATION.—The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any 

personnel system, other than a personnel system under an appropriate demonstration project (as referred to in such section 342(b)), 

without prior congressional authorization. 

SEC. 1106. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 

LIMITATION ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES 

WORKING OVERSEAS. 

(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1101 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4615) is amended by 

striking ‘‘calendar year 2009,’’ and inserting ‘‘calendar years 2009 

and 2010,’’. 

(b) RELATED PROVISION.—Subsection (b) of such section 1101 

is amended to read as follows:. 

‘‘(b) APPLICABILITY OF AGGREGATE LIMITATION ON PAY.— 

‘‘(1) IN GENERAL.—Section 5307 of title 5, United States 

Code, shall not apply to any employee in any calendar year 

in which that employee is granted a waiver under subsection 

(a). 


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123 STAT. 2488 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(2) OTHER LIMITATIONS.—In the case of any employees 

who (disregarding subparagraph (A)) would otherwise be subject to a limitation on premium pay similar to one set forth 

in section 5547 of title 5, United States Code (as determined 

by the head of the Executive agency in or under which such 

employees are employed)— 

‘‘(A) the agency head may waive that otherwise 

applicable limitation, to the same extent and in the same 

manner as would be allowable under subsection (a) if those 

employees were instead subject to such section 5547; and 

‘‘(B) if a waiver under subparagraph (A) is granted 

with respect to such employees, then, neither section 5307 

of title 5, United States Code, nor any other similar limitation (as determined by the agency head) shall apply with 

respect to such employees for purposes of any calendar 

year for which such waiver is so granted.’’. 

SEC. 1107. EXTENSION OF CERTAIN BENEFITS TO FEDERAL CIVILIAN 

EMPLOYEES ON OFFICIAL DUTY IN PAKISTAN. 

Section 1603(a)(2) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane 

Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as amended 

by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4616), 

is amended by inserting ‘‘Pakistan or’’ after ‘‘is on official duty 

in’’. 

SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE STRATEGIC 

WORKFORCE PLANS. 

(a) CODIFICATION OF REQUIREMENT FOR STRATEGIC WORKFORCE

PLAN.— 

(1) IN GENERAL.—Chapter 2 of title 10, United States Code, 

is amended by adding after section 115a the following new 

section: 

‘‘§ 115b. Annual strategic workforce plan 

‘‘(a) ANNUAL PLAN REQUIRED.—(1) The Secretary of Defense 

shall submit to the congressional defense committees on an annual 

basis a strategic workforce plan to shape and improve the civilian 

employee workforce of the Department of Defense. 

‘‘(2) The Under Secretary of Defense for Personnel and Readiness shall have overall responsibility for developing and implementing the strategic workforce plan, in consultation with the 

Under Secretary of Defense for Acquisition, Technology, and Logistics. 

‘‘(b) CONTENTS.—Each strategic workforce plan under subsection (a) shall include, at a minimum, the following: 

‘‘(1) An assessment of— 

‘‘(A) the critical skills and competencies that will be 

needed in the future within the civilian employee workforce 

by the Department of Defense to support national security 

requirements and effectively manage the Department 

during the seven-year period following the year in which 

the plan is submitted; 

‘‘(B) the appropriate mix of military, civilian, and contractor personnel capabilities; 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2489 

‘‘(C) the critical skills and competencies of the existing 

civilian employee workforce of the Department and projected trends in that workforce based on expected losses 

due to retirement and other attrition; and 

‘‘(D) gaps in the existing or projected civilian employee 

workforce of the Department that should be addressed 

to ensure that the Department has continued access to 

the critical skills and competencies described in subparagraphs (A) and (C). 

‘‘(2) A plan of action for developing and reshaping the 

civilian employee workforce of the Department to address the 

gaps in critical skills and competencies identified under paragraph (1)(D), including— 

‘‘(A) specific recruiting and retention goals, especially 

in areas identified as critical skills and competencies under 

paragraph (1), including the program objectives of the 

Department to be achieved through such goals and the 

funding needed to achieve such goals; 

‘‘(B) specific strategies for developing, training, 

deploying, compensating, and motivating the civilian 

employee workforce of the Department, including the program objectives of the Department to be achieved through 

such strategies and the funding needed to implement such 

strategies; 

‘‘(C) any incentives necessary to attract or retain any 

civilian personnel possessing the skills and competencies 

identified under paragraph (1); 

‘‘(D) any changes in the number of personnel authorized in any category of personnel listed in subsection (f)(1) 

or in the acquisition workforce that may be needed to 

address such gaps and effectively meet the needs of the 

Department; 

‘‘(E) any changes in resources or in the rates or 

methods of pay for any category of personnel listed in 

subsection (f)(1) or in the acquisition workforce that may 

be needed to address inequities and ensure that the Department has full access to appropriately qualified personnel 

to address such gaps and meet the needs of the Department; and 

‘‘(F) any legislative changes that may be necessary 

to achieve the goals referred to in subparagraph (A). 

‘‘(3) An assessment, using results-oriented performance 

measures, of the progress of the Department in implementing 

the strategic workforce plan under this section during the previous year. 

‘‘(4) Any additional matters the Secretary of Defense considers necessary to address. 

‘‘(c) SENIOR MANAGEMENT, FUNCTIONAL, AND TECHNICAL

WORKFORCE.—(1) Each strategic workforce plan under subsection 

(a) shall include a separate chapter to specifically address the 

shaping and improvement of the senior management, functional, 

and technical workforce (including scientists and engineers) of the 

Department of Defense. 

‘‘(2) For purposes of paragraph (1), each plan shall include, 

with respect to such senior management, functional, and technical 

workforce— 


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123 STAT. 2490 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1); 

‘‘(B) a plan of action meeting the requirements set forth 

in subparagraphs (A) through (F) of subsection (b)(2); 

‘‘(C) specific strategies for developing, training, deploying, 

compensating, motivating, and designing career paths and 

career opportunities; and 

‘‘(D) specific steps that the Department has taken or plans 

to take to ensure that such workforce is managed in compliance 

with the requirements of section 129 of this title. 

‘‘(d) DEFENSE ACQUISITION WORKFORCE.—(1) Each strategic 

workforce plan under subsection (a) shall include a separate chapter 

to specifically address the shaping and improvement of the defense 

acquisition workforce, including both military and civilian personnel. 

‘‘(2) For purposes of paragraph (1), each plan shall include, 

with respect to the defense acquisition workforce— 

‘‘(A) an assessment of the matters set forth in subparagraphs (A) through (D) of subsection (b)(1); 

‘‘(B) a plan of action meeting the requirements set forth 

in subparagraphs (A) through (F) of subsection (b)(2); 

‘‘(C) specific steps that the Department has taken or plans 

to take to develop appropriate career paths for civilian 

employees in the acquisition field and to implement the requirements of section 1722a of this title with regard to members 

of the armed forces in the acquisition field; and 

‘‘(D) a plan for funding needed improvements in the acquisition workforce of the Department through the period of the 

future-years defense program, including— 

‘‘(i) the funding programmed for defense acquisition 

workforce improvements, including a specific identification 

of funding provided in the Department of Defense Acquisition Workforce Fund established under section 1705 of 

this title, along with a description of how such funding 

is being implemented and whether it is being fully used; 

and 

‘‘(ii) a description of any continuing shortfalls in 

funding available for the acquisition workforce. 

‘‘(e) SUBMITTALS BY SECRETARIES OF THE MILITARY DEPARTMENTS AND HEADS OF THE DEFENSE AGENCIES.—The Secretary 

of Defense shall require the Secretary of each military department 

and the head of each Defense Agency to submit a report to the 

Secretary addressing each of the matters described in this section. 

The Secretary of Defense shall establish a deadline for the submittal 

of reports under this subsection that enables the Secretary to consider the material submitted in a timely manner and incorporate 

such material, as appropriate, into the strategic workforce plan 

required by this section. 

‘‘(f) DEFINITIONS.—In this section: 

‘‘(1) The term ‘senior management, functional, and technical 

workforce of the Department of Defense’ includes the following 

categories of Department of Defense civilian personnel: 

‘‘(A) Appointees in the Senior Executive Service under 

section 3131 of title 5. 

‘‘(B) Persons serving in positions described in section 

5376(a) of title 5. 

Deadline. 

Reports. 


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‘‘(C) Highly qualified experts appointed pursuant to 

section 9903 of title 5. 

‘‘(D) Scientists and engineers appointed pursuant to 

section 342(b) of the National Defense Authorization Act 

for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2721), 

as amended by section 1114 of the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398 (114 Stat. 1654A–315)). 

‘‘(E) Scientists and engineers appointed pursuant to 

section 1101 of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 

note). 

‘‘(F) Persons serving in the Defense Intelligence Senior 

Executive Service under section 1606 of this title. 

‘‘(G) Persons serving in Intelligence Senior Level positions under section 1607 of this title. 

‘‘(2) The term ‘acquisition workforce’ includes individuals 

designated under section 1721 as filling acquisition positions.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 2 of such title is amended by inserting 

after the item relating to section 115a the following new item: 

‘‘115b. Annual strategic workforce plan.’’. 

(b) COMPTROLLER GENERAL REPORTS.— 

(1) REPORT ON STRATEGIC WORKFORCE PLAN.—Not later 

than 180 days after the date on which the Secretary of Defense 

submits to the congressional defense committees an annual 

strategic workforce plan under section 115b of title 10, United 

States Code (as added by subsection (a)), in each of 2009, 

2010, 2011, and 2012, the Comptroller General of the United 

States shall submit to the congressional defense committees 

a report on the plan so submitted. 

(2) REPORT ON THE TRAINING OF ACQUISITION AND AUDIT

PERSONNEL OF THE DEPARTMENT OF DEFENSE.—(A) Not later 

than one year after the date of the enactment of this Act, 

the Comptroller General of the United States shall submit 

to the congressional defense committees a report setting forth 

an assessment of the efficacy of Department of Defense training 

for acquisition and audit personnel of the Department of 

Defense. 

(B) The report required under subparagraph (A) shall 

address the efficacy of training, the extent to which such 

training reaches appropriate personnel, and the extent to which 

the training recommendations of previous reviews (including 

the recommendations of the Commission on Army Acquisition 

and Program Management in Expeditionary Operations) have 

been implemented. 

(c) CONFORMING REPEALS.—The following provisions are 

repealed: 

(1) Section 1122 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3452; 

10 U.S.C. note prec. 1580). 

(2) Section 1102 of the John Warner National Defense 

Authorization Act for Fiscal Year 2007 (Public Law 109–364; 

120 Stat. 2407). 

10 USC 1580 

note prec. 


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123 STAT. 2492 PUBLIC LAW 111–84—OCT. 28, 2009 

(3) Section 851 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 247; 10 

U.S.C. note prec. 1580). 

SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL AND 

REQUIREMENT FOR ANNUAL MANPOWER REPORTING. 

(a) AMENDMENTS.—Section 1111 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4619) is amended— 

(1) in subsection (b), by striking ‘‘for four’’; 

(2) in paragraph (1) of subsection (b), by striking ‘‘requirements of—’’ and all that follows through the end of subparagraph (C) and inserting ‘‘the requirements of section 115b of 

this title; or’’; 

(3) in paragraph (2) of subsection (b), by striking ‘‘purpose 

described in paragraphs (1) through (4) of subsection (c).’’ and 

inserting the following: 

‘‘any of the following purposes: 

‘‘(A) Performance of inherently governmental functions. 

‘‘(B) Performance of work pursuant to section 2463 

of title 10, United States Code. 

‘‘(C) Ability to maintain sufficient organic expertise 

and technical capability. 

‘‘(D) Performance of work that, while the position may 

not exercise an inherently governmental function, nevertheless should be performed only by officers or employees 

of the Federal Government or members of the Armed Forces 

because of the critical nature of the work.’’; and 

(4) by striking subsections (c) and (d). 

(b) CONSOLIDATED ANNUAL REPORT.— 

(1) INCLUSION IN ANNUAL DEFENSE MANPOWER REQUIREMENTS REPORT.—Section 115a of title 10, United States Code, 

is amended by inserting after subsection (e) the following new 

subsection: 

‘‘(f) The Secretary shall also include in each such report the 

following information with respect to personnel assigned to or supporting major Department of Defense headquarters activities: 

‘‘(1) The military end strength and civilian full-time equivalents assigned to major Department of Defense headquarters 

activities for the preceding fiscal year and estimates of such 

numbers for the current fiscal year and subsequent fiscal years. 

‘‘(2) A summary of the replacement during the preceding 

fiscal year of contract workyears providing support to major 

Department of Defense headquarters activities with military 

end strength or civilian full-time equivalents, including an estimate of the number of contract workyears associated with 

the replacement of contracts performing inherently governmental or exempt functions. 

‘‘(3) The plan for the continued review of contract personnel 

supporting major Department of Defense headquarters activities for possible conversion to military or civilian performance 

in accordance with section 2463 of this title. 

‘‘(4) The amount of any adjustment in the limitation on 

personnel made by the Secretary of Defense or the Secretary 

of a military department, and, for each adjustment made pursuant to section 1111(b)(2) of the Duncan Hunter National 

10 USC 143 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2493 

Defense Authorization Act for Fiscal Year 2009 (10 U.S.C. 

143 note), the purpose of the adjustment.’’. 

(2) TECHNICAL AMENDMENTS TO REFLECT NAME OF

REPORT.— 

(A) Subsection (a) of section 115a of such title is 

amended by inserting ‘‘defense’’ before ‘‘manpower requirements report.’’. 

(B)(i) The heading of such section is amended to read 

as follows: 

‘‘§ 115a. Annual defense manpower requirements report’’. 

(ii) The item relating to such section in the table 

of sections at the beginning of chapter 2 of such title 

is amended to read as follows: 

‘‘115a. Annual defense manpower requirements report.’’. 

(3) CONFORMING REPEAL.—Subsections (b) and (c) of section 

901 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 272; 10 U.S.C. 221 note) 

are repealed. 

SEC. 1110. PILOT PROGRAM FOR THE TEMPORARY EXCHANGE OF 

INFORMATION TECHNOLOGY PERSONNEL. 

(a) ASSIGNMENT AUTHORITY.—The Secretary of Defense may, 

with the agreement of the private sector organization concerned, 

arrange for the temporary assignment of an employee to such 

private sector organization, or from such private sector organization 

to a Department of Defense organization under this section. An 

employee shall be eligible for such an assignment only if— 

(1) the employee— 

(A) works in the field of information technology 

management; 

(B) is considered by the Secretary of Defense to be 

an exceptional employee; 

(C) is expected to assume increased information technology management responsibilities in the future; and 

(D) is compensated at not less than the GS–11 level 

(or the equivalent); and 

(2) the proposed assignment meets applicable requirements 

of section 209(b) of the E-Government Act of 2002 (44 U.S.C. 

3501 note). 

(b) AGREEMENTS.—The Secretary of Defense shall provide for 

a written agreement among the Department of Defense, the private 

sector organization, and the employee concerned regarding the 

terms and conditions of the employee’s assignment under this section. The agreement— 

(1) shall require that employees of the Department of 

Defense, upon completion of the assignment, will serve in the 

civil service for a period equal to the length of the assignment; 

and 

(2) shall provide that if the employee of the Department 

of Defense or of the private sector organization (as the case 

may be) fails to carry out the agreement, such employee shall 

be liable to the United States for payment of all expenses 

of the assignment, unless that failure was for good and sufficient reason, as determined by the Secretary of Defense. 

5 USC 3702 note. 


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123 STAT. 2494 PUBLIC LAW 111–84—OCT. 28, 2009 

An amount for which an employee is liable under paragraph (2) 

shall be treated as a debt due the United States. 

(c) TERMINATION.—An assignment under this section may, at 

any time and for any reason, be terminated by the Department 

of Defense or the private sector organization concerned. 

(d) DURATION.—An assignment under this section shall be for 

a period of not less than 3 months and not more than 1 year, 

and may be extended in 3-month increments for a total of not 

more than 1 additional year; however, no assignment under this 

section may commence after September 30, 2013. 

(e) TERMS AND CONDITIONS FOR PRIVATE SECTOR EMPLOYEES.— 

An employee of a private sector organization who is assigned to 

a Department of Defense organization under this section— 

(1) may continue to receive pay and benefits from the 

private sector organization from which such employee is 

assigned; 

(2) is deemed to be an employee of the Department of 

Defense for the purposes of— 

(A) chapter 73 of title 5, United States Code; 

(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 

607, 643, 654, 1905, and 1913 of title 18, United States 

Code; 

(C) sections 1343, 1344, and 1349(b) of title 31, United 

States Code; 

(D) the Federal Tort Claims Act and any other Federal 

tort liability statute; 

(E) the Ethics in Government Act of 1978; 

(F) section 1043 of the Internal Revenue Code of 1986; 

and 

(G) section 27 of the Office of Federal Procurement 

Policy Act; and 

(3) may not have access to any trade secrets or to any 

other nonpublic information which is of commercial value to 

the private sector organization from which such employee is 

assigned. 

(f) PROHIBITION AGAINST CHARGING CERTAIN COSTS TO THE

FEDERAL GOVERNMENT.—A private sector organization may not 

charge the Department of Defense or any other agency of the 

Federal Government, as direct or indirect costs under a Federal 

contract, the costs of pay or benefits paid by the organization 

to an employee assigned to a Department of Defense organization 

under this section for the period of the assignment. 

(g) CONSIDERATIONS.—In carrying out this section, the Secretary of Defense— 

(1) shall ensure that, of the assignments made under this 

section each year, at least 20 percent are from small business 

concerns (as defined by section 3703(e)(2)(A) of title 5, United 

States Code); and 

(2) shall take into consideration the question of how assignments under this section might best be used to help meet 

the needs of the Department of Defense with respect to the 

training of employees in information technology management. 

(h) NUMERICAL LIMITATION.—In no event may more than 10 

employees be participating in assignments under this section at 

any given time. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2495 

(i) REPORTING REQUIREMENT.—For each of fiscal years 2010 

through 2015, the Secretary of Defense shall submit to the congressional defense committees, not later than 1 month after the end 

of the fiscal year involved, a report on any activities carried out 

under this section during such fiscal year, including information 

concerning— 

(1) the respective organizations (as referred to in subsection 

(a)) to and from which any employee was assigned under this 

section; 

(2) the positions those employees held while they were 

so assigned; 

(3) a description of the tasks they performed while they 

were so assigned; and 

(4) a discussion of any actions that might be taken to 

improve the effectiveness of the program under this section, 

including any proposed changes in law. 

(j) REPEAL OF SUPERSEDED SECTION.—Section 1109 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110-181; 122 Stat. 358) is repealed, except that— 

(1) nothing in this subsection shall, in the case of any 

assignment commencing under such section 1109 on or before 

the date of the enactment of this Act, affect— 

(A) the duration of such assignment or the authority 

to extend such assignment in accordance with subsection 

(d) of such section 1109, as last in effect; or 

(B) the terms or conditions of the agreement governing 

such assignment, including with respect to any service 

obligation under subsection (b) thereof; and 

(2) any employee whose assignment is allowed to continue 

by virtue of paragraph (1) shall be taken into account for 

purposes of— 

(A) the numerical limitation under subsection (h); and 

(B) the reporting requirement under subsection (i). 

SEC. 1111. AVAILABILITY OF FUNDS FOR COMPENSATION OF CERTAIN 

CIVILIAN EMPLOYEES OF THE DEPARTMENT OF 

DEFENSE. 

(a) AVAILABILITY OF FUNDS.—Funds authorized to be appropriated for the Department of Defense that are available for the 

purchase of contract services to meet a requirement that is anticipated to continue for five years or more shall be available to 

provide compensation for civilian employees of the Department 

to meet the same requirement. 

(b) REGULATIONS.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary shall prescribe regulations 

implementing the authority in subsection (a). Such regulations— 

(1) shall ensure that the authority in subsection (a) is 

utilized to build government capabilities that are needed to 

perform inherently governmental functions, functions closely 

associated with inherently governmental functions, and other 

critical functions; 

(2) shall include a mechanism to ensure that follow-on 

funding to provide compensation for civilian employees of the 

Department to perform functions described in paragraph (1) 

is provided from appropriate accounts; and 

(3) may establish additional criteria and levels of approval 

within the Department for the utilization of funds to provide 

Deadline. 

10 USC 1580 

note prec. 

5 USC 3702 note. 


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123 STAT. 2496 PUBLIC LAW 111–84—OCT. 28, 2009 

compensation for civilian employees of the Department pursuant to subsection (a). 

(c) ANNUAL REPORT.—Not later than 60 days after the end 

of each fiscal year for which the authority in subsection (a) is 

in effect, the Secretary shall submit to the congressional defense 

committees a report on the use of such authority. Each report 

shall cover the preceding fiscal year and shall identify, at a minimum, the following: 

(1) The amount of funds used under the authority in subsection (a) to provide compensation for civilian employees. 

(2) The source or sources of the funds so used. 

(3) The number of civilian employees employed through 

the use of such funds. 

(4) The actions taken by the Secretary to ensure that 

follow-on funding for such civilian employees is provided 

through appropriate accounts. 

(d) TEMPORARY AUTHORITY.—The authority in subsection (a) 

shall apply to funds authorized to be appropriated for the Department of Defense for fiscal years 2010 through 2019. 

SEC. 1112. DEPARTMENT OF DEFENSE CIVILIAN LEADERSHIP PROGRAM. 

(a) LEADERSHIP PROGRAM REQUIRED.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall 

establish a program of leadership recruitment and development 

for civilian employees of the Department of Defense, to be 

known as the ‘‘Department of Defense Civilian Leadership Program’’ (in this section referred to as the ‘‘program’’). 

(2) OBJECTIVES.—The objectives of the program shall be 

as follows: 

(A) To develop a new generation of civilian leaders 

for the Department of Defense. 

(B) To recruit individuals with the academic merit, 

work experience, and demonstrated leadership skills to 

meet the future needs of the Department. 

(C) To offer rapid advancement, competitive compensation, and leadership opportunities to highly qualified 

civilian employees of the Department. 

(3) AVAILABLE AUTHORITIES.—In carrying out the program, 

the Secretary may exercise any authority available to the Office 

of Personnel Management under section 4703 of title 5, United 

States Code, except that the Secretary shall not be bound 

by the limitations in subsection (d) of such section. Nothing 

in this section shall be construed to authorize the waiver of 

any part of chapter 71 of title 5, United States Code, or any 

regulation implementing such chapter, in the carrying out of 

the program. 

(b) ELIGIBLE INDIVIDUALS.— 

(1) IN GENERAL.—The following individuals shall be eligible 

to participate in the program: 

(A) Current employees of the Department of Defense. 

(B) Appropriate individuals in the private sector. 

(2) LIMITATION ON NUMBER OF PARTICIPANTS IN PROGRAM.— 

The total number of individuals who may participate in the 

program in any fiscal year may not exceed 5,000. 

Deadline. 

10 USC 1580 

note prec. 

Applicability. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2497 

(3) LIMITATION ON PERIOD OF PARTICIPATION IN PROGRAM.— The maximum period of time that an individual may participate 

in the program is three years. 

(c) ELEMENTS OF PROGRAM.— (1) COMPETITIVE ENTRY.—The selection of individuals for 

entry into the program shall be made on the basis of a competition conducted at least twice each year. In each competition, 

participants in the program shall be selected from among 

applicants determined by the Secretary to be the most highly 

qualified in terms of academic merit, work experience, and 

demonstrated leadership skills. Each competition shall provide 

for entry-level participants and midcareer participants in the 

program. 

(2) ALLOCATION OF POSITIONS.—The Secretary shall allocate 

positions in the program among the components of the Department of Defense that— 

(A) offer the most challenging assignments; 

(B) provide the greatest level of responsibility; and 

(C) demonstrate the greatest need for participants in 

the program. 

(3) ASSIGNMENTS TO POSITIONS.—Participants in the program shall be assigned to components of the Department that 

best match their skills and qualifications. Participants in the 

program may be rotated among components of the Department 

of Defense at the discretion of the Secretary. 

(4) INITIAL COMPENSATION.—The initial compensation of 

participants in the program shall be determined by the Secretary based on the qualifications of such participants and 

applicable market conditions. 

(5) EDUCATION AND TRAINING.—The Secretary shall provide 

participants in the program with training, mentoring, and educational opportunities that are appropriate to facilitate the 

development of such participants into effective civilian leaders 

for the Department of Defense. 

(6) OBJECTIVE, MERIT-BASED PRINCIPLES FOR PERSONNEL

DECISIONS.—The Secretary shall make personnel decisions 

under the program in accordance with such objective, meritbased criteria as the Secretary shall prescribe in regulations 

for purposes of the program. Such criteria shall include, but 

not be limited to, criteria applicable to the following: 

(A) The selection of individuals for entry into the program. 

(B) The assignment of participants in the program 

to positions in the Department of Defense. 

(C) The initial compensation of participants in the 

program. 

(D) The access of participants in the program to 

training, mentoring, and educational opportunities under 

the program. 

(E) The consideration of participants in the program 

for selection into the senior management, functional, and 

technical workforce of the Department. 

(7) CONSIDERATION FOR SENIOR MANAGEMENT, FUNCTIONAL, 

AND TECHNICAL WORKFORCE.—Any participant in the program 

who, as determined by the Secretary, demonstrates outstanding 

performance shall be afforded priority in consideration for selection into the appropriate element of the senior management, 

Determination. 

Regulations. 

Determination. 

Determination. 


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123 STAT. 2498 PUBLIC LAW 111–84—OCT. 28, 2009 

functional, and technical workforce of the Department of 

Defense (as defined in section 115b(f) of title 10, United States 

Code). 

SEC. 1113. PROVISIONS RELATING TO THE NATIONAL SECURITY PERSONNEL SYSTEM. 

(a) DEFINITIONS.—For purposes of this section— 

(1) the term ‘‘National Security Personnel System’’ or 

‘‘NSPS’’ refers to a human resources management system established under authority of section 9902 of title 5, United States 

Code (as in effect before the date of the enactment of this 

Act); and 

(2) the term ‘‘statutory pay system’’ means a pay system 

under— 

(A) subchapter III of chapter 53 of title 5, United 

States Code (relating to General Schedule pay rates); or 

(B) such other provisions of law as would apply if 

section 9902 of title 5, United States Code, had never 

been enacted. 

(b) REPEAL OF PROVISIONS RELATING TO NSPS.— 

(1) IN GENERAL.—Section 9902 of title 5, United States 

Code, is amended— 

(A) by striking subsections (a), (b), (c), (d), (e), (i) and 

(j); and 

(B) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively. 

(2) EXPANSION PROHIBITED.—The National Security Personnel System may not be extended to any organizational or 

functional unit of the Department of Defense (or any component 

thereof) not included in such System as of March 1, 2009. 

(3) CURRENT RULES INVALID.—Any regulations in effect as 

of the day before the date of the enactment of this Act which 

were issued pursuant to any provision of law repealed by paragraph (1)(A)— 

(A) may not be modified on or after the date of the 

enactment of this Act, except as necessary to implement 

this Act; and 

(B) shall cease to be effective as of January 1, 2012. 

(c) TERMINATION OF NSPS AND CONVERSION OF EMPLOYEES

AND POSITIONS.— 

(1) IN GENERAL.—The Secretary of Defense shall take all 

actions which may be necessary to provide, beginning no later 

than 6 months after the date of enactment of this Act, for 

the orderly termination of the National Security Personnel 

System and conversion of all employees and positions from 

such System, by not later than January 1, 2012, to— 

(A) the statutory pay system and all other aspects 

of the personnel system that last applied to such employee 

or position (as the case may be) before the National Security 

Personnel System applied; or 

(B) if subparagraph (A) does not apply, the statutory 

pay system and all other aspects of the personnel system 

that would have applied if the National Security Personnel 

System had never been established. 

No employee shall suffer any loss of or decrease in pay because 

of the preceding sentence, and, for purposes of carrying out 

such preceding sentence, any determination of the system that 

Deadlines. 

Termination 

date. 

Effective date. 

5 USC 9902 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2499 

last applied (or that would have applied) with respect to an 

employee or position shall take into account any modifications 

to such system pursuant to the provisions of subsections (a) 

and (b) of section 9902 of title 5, United States Code, as 

amended by subsection (d). 

(2) TRANSITION PERIOD APPOINTMENTS.—To the extent practicable, any individual who, during the NSPS transition period, 

is appointed to any position within the Department of Defense 

which is subject to the NSPS shall be subject to the statutory 

pay system and all other aspects of the personnel system to 

which such individual or position is to be converted in accordance with the requirements of paragraph (1). 

(3) TEMPORARY CONTINUATION OF NSPS.—Notwithstanding 

any other provision of this section, the National Security Personnel System, as in effect on the day before the date of 

the enactment of this Act, shall continue to apply with respect 

to any employees and positions remaining subject to the NSPS, 

in accordance with paragraph (1), during the NSPS transition 

period. 

(4) RESTORATION OF FULL ANNUAL PAY ADJUSTMENTS UNDER

NSPS PENDING ITS TERMINATION.—Notwithstanding subsection 

(b)(1)(A), section 9902(e)(7) of title 5, United States Code, to 

the extent that it remains in force under paragraph (3), shall 

be applied by substituting ‘‘100 percent’’ for ‘‘no less than 60 

percent’’. 

(5) NSPS TRANSITION PERIOD DEFINED.—For purposes of 

this subsection, the term ‘‘NSPS transition period’’ means the 

period beginning on the date of the enactment of this Act 

and ending on January 1, 2012. 

(d) AUTHORITY RELATING TO PERFORMANCE MANAGEMENT AND

WORKFORCE INCENTIVES, HIRING FLEXIBILITIES, AND TRAINING OF

SUPERVISORS.—Section 9902 of title 5, United States Code, as 

amended by subsection (b)(1), is further amended by inserting before 

subsection (e) (as so redesignated by subsection (b)(1)(B)) the following: 

‘‘(a) PERFORMANCE MANAGEMENT AND WORKFORCE INCENTIVES.—(1) The Secretary, in coordination with the Director, shall 

promulgate regulations providing for the following: 

‘‘(A) A fair, credible, and transparent performance appraisal 

system for employees. 

‘‘(B) A fair, credible, and transparent system for linking 

employee bonuses and other performance-based actions to 

performance appraisals of employees. 

‘‘(C) A process for ensuring ongoing performance feedback 

and dialogue among supervisors, managers, and employees 

throughout the appraisal period and setting timetables for 

review. 

‘‘(D) Development of ‘performance assistance plans’ that 

are designed to give employees formal training, on-the-job 

training, counseling, mentoring, and other assistance. 

‘‘(2) In developing the regulations required by this subsection, 

the Secretary, in coordination with the Director, may waive the 

requirements of chapters 43 (other than sections 4302 and 4303(e)) 

and the regulations implementing such chapters, to the extent 

necessary to achieve the objectives of this subsection. 

Waiver authority. 

Regulations. 

Applicability. 

Applicability. 


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123 STAT. 2500 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(3)(A) The Secretary may establish a fund, to be known as 

the ‘Department of Defense Civilian Workforce Incentive Fund’ 

(in this paragraph referred to as the ‘Fund’). 

‘‘(B) The Fund shall consist of the following: 

‘‘(i) Amounts appropriated to the Fund. 

‘‘(ii) Amounts available for compensation of employees that 

are transferred to the Fund. 

‘‘(C) Amounts in the Fund shall be available for the following: 

‘‘(i) Incentive payments for employees based on team or 

individual performance (which payments shall be in addition 

to basic pay). 

‘‘(ii) Incentive payments to attract or retain employees with 

particular or superior qualifications or abilities. 

‘‘(D) The authority provided in this paragraph is in addition 

to, and does not supersede or replace, any authority or source 

of funding otherwise available to the Secretary to pay bonuses 

or make incentive payments to civilian employees of the Department. 

‘‘(4)(A) Any action taken by the Secretary under this subsection, 

or to implement this subsection, shall be subject to the requirements 

of subsection (c) and chapter 71. 

‘‘(B) Any rules or regulations promulgated pursuant to this 

subsection shall be deemed an agency rule or regulation under 

section 7117(a)(2), and shall not be deemed a Government-wide 

rule or regulation under section 7117(a)(1). 

‘‘(b) FLEXIBILITIES RELATING TO APPOINTMENTS.—(1) The Secretary, in coordination with the Director, shall promulgate regulations to redesign the procedures which are applied by the Department of Defense in making appointments to positions within the 

competitive service in order to— 

‘‘(A) better meet mission needs; 

‘‘(B) respond to managers’ needs and the needs of 

applicants; 

‘‘(C) produce high-quality applicants; 

‘‘(D) support timely decisions; 

‘‘(E) uphold appointments based on merit system principles; 

and 

‘‘(F) promote competitive job offers. 

‘‘(2) In redesigning the process by which such appointments 

shall be made, the Secretary, in coordination with the Director, 

may waive the requirements of chapter 33, and the regulations 

implementing such chapter, to the extent necessary to achieve 

the objectives of this section, while providing for the following: 

‘‘(A) Fair, credible, and transparent methods of establishing 

qualification requirements for, recruitment for, and appointments to positions. 

‘‘(B) Fair and open competition and equitable treatment 

in the consideration and selection of individuals to positions. 

‘‘(C) Fair, credible, and transparent methods of assigning, 

reassigning, detailing, transferring, or promoting employees. 

‘‘(3) In implementing this subsection, the Secretary shall comply 

with the provisions of section 2302(b)(11), regarding veterans’ preference requirements, in a manner consistent with that in which 

such provisions are applied under chapter 33. 

‘‘(4)(A) Any action taken by the Secretary under this subsection, 

or to implement this subsection, shall be subject to the requirements 

of subsection (c) and chapter 71. 

Waiver authority. 

Regulations. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2501 

‘‘(B) Any rules or regulations promulgated pursuant to this 

section shall be deemed an agency rule or regulation under section 

7117(a)(2), and shall not be deemed a Government-wide rule or 

regulation under section 7117(a)(1). 

‘‘(c) CRITERIA FOR USE OF NEW PERSONNEL AUTHORITIES.— In establishing any new performance management and workforce 

incentive system under subsection (a) or utilizing appointment flexibilities under subsection (b), the Secretary shall— 

‘‘(1) adhere to merit principles set forth in section 2301; 

‘‘(2) include a means for ensuring employee involvement 

(for bargaining unit employees, through their exclusive representatives) in the design and implementation of such system; 

‘‘(3) provide for adequate training and retraining for supervisors, managers, and employees in the implementation and 

operation of such system; 

‘‘(4) develop— 

‘‘(A) a comprehensive management succession program 

to provide training to employees to develop managers for 

the agency; and 

‘‘(B) a program to provide training to supervisors on 

actions, options, and strategies a supervisor may use in 

administering such system; 

‘‘(5) include effective transparency and accountability measures and safeguards to ensure that the management of such 

system is fair, credible, and equitable, including appropriate 

independent reasonableness reviews, internal assessments, and 

employee surveys; 

‘‘(6) utilize the annual strategic workforce plan, required 

by section 115b of title 10; and 

‘‘(7) ensure that adequate agency resources are allocated 

for the design, implementation, and administration of such 

system. 

‘‘(d) DEVELOPMENT OF TRAINING PROGRAM FOR SUPERVISORS.— 

(1) The Secretary shall develop— 

‘‘(A) a program to provide training to supervisors on use 

of the new authorities provided in this section, including the 

actions, options, and strategies a supervisor may use in— 

‘‘(i) developing and discussing relevant goals and objectives with the employee, communicating and discussing 

progress relative to performance goals and objectives, and 

conducting performance appraisals; 

‘‘(ii) mentoring and motivating employees, and 

improving employee performance and productivity; 

‘‘(iii) fostering a work environment characterized by 

fairness, respect, equal opportunity, and attention to the 

quality of the work of employees; 

‘‘(iv) effectively managing employees with unacceptable 

performance; 

‘‘(v) addressing reports of a hostile work environment, 

reprisal, or harassment of or by another supervisor or 

employee; and 

‘‘(vi) otherwise carrying out the duties and responsibilities of a supervisor; 

‘‘(B) a program to provide training to supervisors on the 

prohibited personnel practices under section 2302 (particularly 

with respect to such practices described under subsections (b)(1) 

and (b)(8) of such section), employee collective bargaining and 


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123 STAT. 2502 PUBLIC LAW 111–84—OCT. 28, 2009 

union participation rights, and the procedures and processes 

used to enforce employee rights; and 

‘‘(C) a program under which experienced supervisors 

mentor new supervisors by— 

‘‘(i) sharing knowledge and advice in areas such as 

communication, critical thinking, responsibility, flexibility, 

motivating employees, teamwork, leadership, and professional development; and 

‘‘(ii) pointing out strengths and areas for development. 

‘‘(2) Each supervisor shall be required to complete a program 

at least once every 3 years.’’. 

(e) REPORTS.—The Secretary of Defense shall provide a report 

to the covered committees (as defined by subsection (g)(6))— 

(1) no later than 6 months after the date of enactment 

of this Act, on the initial steps being taken to reclassify positions from the NSPS and the initial conversion plan to begin 

converting employees from the NSPS, which information shall 

be supplemented by reports describing the progress of the 

conversion process which shall be submitted to the same 

committees on a semiannual basis; 

(2) no later than 12 months after date of enactment, a 

plan for the personnel management system as authorized by 

section 9902(a) of title 5, United States Code, as amended 

by this section, which plan shall not take effect until 90 days 

after the submission of the plan to Congress; and 

(3) no later than 12 months after date of enactment, a 

plan for the appointment procedures as authorized by section 

9902(b) of title 5, United States Code, as amended by this 

section. 

(f) CLERICAL AMENDMENTS.— 

(1) The heading of section 9902 of title 5, United States 

Code, is amended to read as follows: 

‘‘§ 9902. Department of Defense personnel authorities’’. 

(2) The table of sections at the beginning of chapter 99 

of such title is amended by striking the item relating to section 

9902 and inserting the following: 

‘‘9902. Department of Defense personnel authorities.’’. 

(g) OTHER PERSONNEL FLEXIBILITIES.— 

(1) IN GENERAL.—If the Secretary of Defense determines 

that it would be in the best interest of the Department of 

Defense to implement personnel flexibilities in addition to those 

authorized under section 9902 of title 5, as amended by this 

section, the Secretary, in coordination with the Director of 

the Office of Personnel Management, may develop and submit 

to the covered committees, not later than 6 months after the 

date of the enactment of this Act, a proposal to implement— 

(A) additional personnel flexibilities and associated 

statutory waivers with respect to the application of the 

General Schedule (as defined in section 5332 of title 5, 

United States Code); or 

(B) additional personnel flexibilities and associated 

statutory waivers, which would require exemption from 

the application of the General Schedule (as so defined). 

(2) RATIONALE.—If the Secretary’s proposal is to implement 

authorities described in paragraph (1)(B), the Secretary shall 

Determination. 

Deadline. 

Proposal. 

Effective date. 

Plans. 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2503 

provide a detailed rationale as to why implementation of 

authorities described in paragraph (1)(A) are not adequate or 

appropriate to meet the interests of the Department. 

(3) REQUIREMENTS.—The Secretary’s proposal (whether as 

described in paragraph (1)(A) or (1)(B))— 

(A) shall be developed in a manner consistent with 

the requirements of subsections (c) and (d) of section 9902 

of title 5, United States Code, as amended by this section; 

(B) shall include a description of proposed regulations 

and implementing rules that the Secretary plans to adopt 

for the proposed system; 

(C) shall identify and provide a rationale for any statutory waiver that would be required to implement the proposed system; 

(D) shall describe the steps that the Department would 

take to avoid problems of the type described in the report 

of the Defense Business Board, dated August 2009, 

regarding the National Security Personnel System; and 

(E) may not provide for the waiver of any provision 

of law that cannot be waived under paragraph (3) of section 

9902(b) of title 5, United States Code (as in effect on 

the day before the date of the enactment of this Act), 

and shall be subject to the requirements in paragraphs 

(4) and (5) of such section (as then in effect). 

(4) CONGRESSIONAL APPROVAL REQUIRED.—If Congress 

approves the Secretary’s proposal in the National Defense 

Authorization Act for Fiscal Year 2011, the Secretary may 

implement the proposal (subject to any changes required by 

law) and begin the implementation of such proposal for personnel included in the National Security Personnel System, 

in lieu of the transition that would otherwise be required by 

subsection (b), subject to paragraph (5). 

(5) RESTRICTIONS.—Notwithstanding any approval under 

paragraph (4), the provisions of subsection (b)(2) and (c)(4) 

shall apply with respect to any proposal approved under such 

paragraph, unless and until modified or repealed in legislation 

enacted after the date of the enactment of this Act. 

(6) DEFINITIONS.—For purposes of this subsection, the term 

‘‘covered committees’’ means— 

(A) the Committees on Armed Services of the Senate 

and the House of Representatives; 

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(C) the Committee on Oversight and Government 

Reform of the House of Representatives. 

(h) MODIFICATION OF IMPLEMENTATION AUTHORITIES AND

LIMITATIONS.—Section 1106 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 349) is 

amended— 

(1) by striking subsection (b); 

(2) by redesignating subsection (c) as subsection (b); and 

(3) in subsection (b) (as so redesignated by paragraph (2))— 

(A) by striking paragraph (1) and inserting the following: 

‘‘(1) The Comptroller General shall conduct a review, in 

each of calendar years 2010, 2011, and 2012, of— 

Review. 

Deadlines. 

5 USC 9902 note. 

Applicability. 


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123 STAT. 2504 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(A) employee satisfaction with any processes established pursuant to regulations promulgated by the Secretary of Defense pursuant to section 9902 of title 5, United 

States Code (as amended by section 1113 of the National 

Defense Authorization Act for Fiscal Year 2011; and 

‘‘(B) the extent to which any processes so established 

are fair, credible, and transparent, as required by such 

section 9902 (as so amended).’’; and 

(B) in paragraph (2), by striking ‘‘the National Security 

Personnel System’’ and inserting ‘‘any processes established 

pursuant to such regulations’’. 

SEC. 1114. PROVISIONS RELATING TO THE DEFENSE CIVILIAN INTELLIGENCE PERSONNEL SYSTEM. 

(a) SUSPENSION OF CERTAIN PAY AUTHORITY.—Effective with 

respect to amounts paid during the period beginning on the date 

of the enactment of this Act and ending on December 31, 2010, 

rates of basic pay for employees and positions within any element 

of the intelligence community (as defined by the National Security 

Act of 1947)— 

(1) may not be fixed under the Defense Civilian Intelligence 

Personnel System; and 

(2) shall instead be fixed in accordance with the provisions 

of law that (disregarding DCIPS) would then otherwise apply. 

The preceding sentence shall not apply with respect to the National 

Geospatial-Intelligence Agency. 

(b) RESPONSE TO GAO REPORT.—Not later than 3 months after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional oversight committees a written 

description of any actions taken or proposed to be taken by such 

Secretary in response to the review and recommendations of the 

Government Accountability Office regarding the Defense Civilian 

Intelligence Personnel System. 

(c) INDEPENDENT ORGANIZATION.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of the enactment of this Act, the Secretary of Defense, the 

Director of the Office of Personnel Management, and the 

Director of National Intelligence shall jointly designate an independent organization to review the operation of the Defense 

Civilian Intelligence Personnel System, including— 

(A) its impact on career progression; 

(B) its appropriateness or inappropriateness in light 

of the complexities of the workforce affected; 

(C) its sufficiency in terms of providing protections 

for diversity in promotion and retention of personnel; and 

(D) the adequacy of the training, policy guidelines, 

and other preparations afforded in connection with 

transitioning to that system. 

(2) DEADLINE.—The independent organization shall, after 

appropriate consultation with employees and employee 

organizations, submit its findings and recommendations under 

this section to the Secretary of Defense and the congressional 

oversight committees, in a written report, not later than June 

1, 2010. 

(d) PROPOSED ACTIONS BASED ON REPORT.—Not later than 60 

days after receiving the report of the independent organization 

under subsection (c), the Secretary of Defense, in coordination with 

Reports. 

Deadline. 

Designation. 

Time period. 

10 USC 1601 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2505 

the Director of the Office of Personnel Management and the Director 

of National Intelligence, shall submit to the congressional oversight 

committees a written report describing any actions that the Secretary has taken or proposes to take in response to such report. 

(e) HOLD-HARMLESS PROVISION.—No employee shall suffer any 

loss of or decrease in pay as a result of being converted from 

DCIPS in compliance with subsection (a). 

(f) DEFINITIONS.—For purposes of this section— 

(1) the terms ‘‘Defense Civilian Intelligence Personnel 

System’’ and ‘‘DCIPS’’ mean the civilian personnel system established by the Secretary of Defense under regulations— 

(A) prescribed pursuant to sections 1601 through 1614 

of title 10, United States Code; and 

(B) taking effect in September 2008 or thereafter; and 

(2) the term ‘‘congressional oversight committees’’ means— 

(A) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of 

Representatives; and 

(B) the Committee on Armed Services and the Select 

Committee on Intelligence of the Senate. 

Subtitle B—Provisions Relating to 

Reemployment of Annuitants 

SEC. 1121. AUTHORITY TO EXPAND SCOPE OF PROVISIONS RELATING 

TO UNREDUCED COMPENSATION FOR CERTAIN 

REEMPLOYED ANNUITANTS. 

(a) IN GENERAL.—Section 9902(h) of title 5, United States Code, 

is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) Benefits similar to those provided by paragraphs (1) 

and (2) may be extended, in accordance with regulations prescribed by the President, so as to be made available with 

respect to reemployed annuitants within the Department of 

Defense who are subject to such other retirement systems for 

Government employees (whose annuities are payable under 

authorities other than subchapter III of chapter 83 or chapter 

84 of title 5) as may be provided for under such regulations.’’. 

(b) CONFORMING AMENDMENT.—Paragraph (4) of section 9902(h) 

of such title 5 (as so designated by subsection (a)(1)) is amended 

by striking the period and inserting ‘‘, excluding paragraph (3).’’. 

SEC. 1122. PART-TIME REEMPLOYMENT. 

(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8344 of title 

5, United States Code, is amended— 

(1) by redesignating subsection (l) as subsection (m); 

(2) by inserting after subsection (k) the following: 

‘‘(l)(1) For purposes of this subsection— 

‘‘(A) the term ‘head of an agency’ means— 

‘‘(i) the head of an Executive agency, other than the 

Department of Defense or the Government Accountability 

Office; 

‘‘(ii) the head of the United States Postal Service; 

President. 

Regulations. 


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123 STAT. 2506 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(iii) the Director of the Administrative Office of the 

United States Courts, with respect to employees of the 

judicial branch; and 

‘‘(iv) any employing authority described under subsection (k)(2), other than the Government Accountability 

Office; and 

‘‘(B) the term ‘limited time appointee’ means an annuitant 

appointed under a temporary appointment limited to 1 year 

or less. 

‘‘(2) The head of an agency may waive the application of subsection (a) or (b) with respect to any annuitant who is employed 

in such agency as a limited time appointee, if the head of the 

agency determines that the employment of the annuitant is necessary to— 

‘‘(A) fulfill functions critical to the mission of the agency, 

or any component of that agency; 

‘‘(B) assist in the implementation or oversight of the American Recovery and Reinvestment Act of 2009 (Public Law 111– 

5) or the Troubled Asset Relief Program under title I of the 

Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 

et seq.); 

‘‘(C) assist in the development, management, or oversight 

of agency procurement actions; 

‘‘(D) assist the Inspector General for that agency in the 

performance of the mission of that Inspector General; 

‘‘(E) promote appropriate training or mentoring programs 

of employees; 

‘‘(F) assist in the recruitment or retention of employees; 

or 

‘‘(G) respond to an emergency involving a direct threat 

to life of property or other unusual circumstances. 

‘‘(3) The head of an agency may not waive the application 

of subsection (a) or (b) with respect to an annuitant— 

‘‘(A) for more than 520 hours of service performed by that 

annuitant during the period ending 6 months following the 

individual’s annuity commencing date; 

‘‘(B) for more than 1040 hours of service performed by 

that annuitant during any 12-month period; or 

‘‘(C) for more than a total of 3120 hours of service performed 

by that annuitant. 

‘‘(4)(A) The total number of annuitants to whom a waiver by 

the head of an agency under this subsection or section 8468(i) 

applies may not exceed 2.5 percent of the total number of fulltime employees of that agency. 

‘‘(B) If the total number of annuitants to whom a waiver by 

the head of an agency under this subsection or section 8468(i) 

applies exceeds 1 percent of the total number of full-time employees 

of that agency, the head of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the 

Senate, the Committee on Oversight and Government Reform of 

the House of Representatives, and the Office of Personnel Management— 

‘‘(i) a report with an explanation that justifies the need 

for the waivers in excess of that percentage; and 

‘‘(ii) not later than 180 days after submitting the report 

under clause (i), a succession plan. 

Deadline. 

Succession plan. 

Reports. 

Waiver authority. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2507 

‘‘(5)(A) The Director of the Office of Personnel Management 

may promulgate regulations providing for the administration of 

this subsection. 

‘‘(B) Any regulations promulgated under subparagraph (A) 

may— 

‘‘(i) provide standards for the maintenance and form 

of necessary records of employment under this subsection; 

‘‘(ii) to the extent not otherwise expressly prohibited 

by law, require employing agencies to provide records of 

such employment to the Office of Personnel Management 

or other employing agencies as necessary to ensure compliance with paragraph (3); 

‘‘(iii) authorize other administratively convenient 

periods substantially equivalent to 12 months, such as 

26 pay periods, to be used in determining compliance with 

paragraph (3)(B); 

‘‘(iv) include such other administrative requirements 

as the Director of the Office of Personnel Management 

may find appropriate to provide for the effective operation 

of, or to ensure compliance with, this subsection; and 

‘‘(v) encourage the training and mentoring of employees 

by any limited time appointee employed under this subsection. 

‘‘(6)(A) Any hours of training or mentoring of employees by 

any limited time appointee employed under this subsection shall 

not be included in the hours of service performed for purposes 

of paragraph (3), but those hours of training or mentoring may 

not exceed 520 hours. 

‘‘(B) If the primary service performed by any limited time 

appointee employed under this subsection is training or mentoring 

of employees, the hours of that service shall be included in the 

hours of service performed for purposes of paragraph (3). 

‘‘(7) The authority of the head of an agency under this subsection to waive the application of subsection (a) or (b) shall terminate 5 years after the date of enactment of the National Defense 

Authorization Act for Fiscal Year 2010.’’; and 

(3) in subsection (m) (as so redesignated)— 

(A) in paragraph (1), by striking ‘‘(k)’’ and inserting 

‘‘(l)’’; and 

(B) in paragraph (2), by striking ‘‘or (k)’’ and inserting 

‘‘(k), or (l)’’. 

(b) FEDERAL EMPLOYEE RETIREMENT SYSTEM.—Section 8468 

of title 5, United States Code, is amended— 

(1) by redesignating subsection (i) as subsection (j); 

(2) by inserting after subsection (h) the following: 

‘‘(i)(1) For purposes of this subsection— 

‘‘(A) the term ‘head of an agency’ means— 

‘‘(i) the head of an Executive agency, other than the 

Department of Defense or the Government Accountability 

Office; 

‘‘(ii) the head of the United States Postal Service; 

‘‘(iii) the Director of the Administrative Office of the 

United States Courts, with respect to employees of the 

judicial branch; and 

‘‘(iv) any employing authority described under subsection (h)(2), other than the Government Accountability 

Office; and 

Termination 

date. 


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123 STAT. 2508 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(B) the term ‘limited time appointee’ means an annuitant 

appointed under a temporary appointment limited to 1 year 

or less. 

‘‘(2) The head of an agency may waive the application of subsection (a) with respect to any annuitant who is employed in such 

agency as a limited time appointee, if the head of the agency 

determines that the employment of the annuitant is necessary 

to— 

‘‘(A) fulfill functions critical to the mission of the agency, 

or any component of that agency; 

‘‘(B) assist in the implementation or oversight of the American Recovery and Reinvestment Act of 2009 (Public Law 111– 

5) or the Troubled Asset Relief Program under title I of the 

Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 

et seq.); 

‘‘(C) assist in the development, management, or oversight 

of agency procurement actions; 

‘‘(D) assist the Inspector General for that agency in the 

performance of the mission of that Inspector General; 

‘‘(E) promote appropriate training or mentoring programs 

of employees; 

‘‘(F) assist in the recruitment or retention of employees; 

or 

‘‘(G) respond to an emergency involving a direct threat 

to life of property or other unusual circumstances. 

‘‘(3) The head of an agency may not waive the application 

of subsection (a) with respect to an annuitant— 

‘‘(A) for more than 520 hours of service performed by that 

annuitant during the period ending 6 months following the 

individual’s annuity commencing date; 

‘‘(B) for more than 1040 hours of service performed by 

that annuitant during any 12-month period; or 

‘‘(C) for more than a total of 3120 hours of service performed 

by that annuitant. 

‘‘(4)(A) The total number of annuitants to whom a waiver by 

the head of an agency under this subsection or section 8344(l) 

applies may not exceed 2.5 percent of the total number of fulltime employees of that agency. 

‘‘(B) If the total number of annuitants to whom a waiver by 

the head of an agency under this subsection or section 8344(l) 

applies exceeds 1 percent of the total number of full-time employees 

of that agency, the head of that agency shall submit to the Committee on Homeland Security and Governmental Affairs of the 

Senate, the Committee on Oversight and Government Reform of 

the House of Representatives, and the Office of Personnel Management— 

‘‘(i) a report with an explanation that justifies the need 

for the waivers in excess of that percentage; and 

‘‘(ii) not later than 180 days after submitting the report 

under clause (i), a succession plan. 

‘‘(5)(A) The Director of the Office of Personnel Management 

may promulgate regulations providing for the administration of 

this subsection. 

‘‘(B) Any regulations promulgated under subparagraph (A) 

may— 

‘‘(i) provide standards for the maintenance and form of 

necessary records of employment under this subsection; 

Deadline. 

Succession plan. 

Reports. 

Waiver authority. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2509 

‘‘(ii) to the extent not otherwise expressly prohibited by 

law, require employing agencies to provide records of such 

employment to the Office or other employing agencies as necessary to ensure compliance with paragraph (3); 

‘‘(iii) authorize other administratively convenient periods 

substantially equivalent to 12 months, such as 26 pay periods, 

to be used in determining compliance with paragraph (3)(B); 

‘‘(iv) include such other administrative requirements as 

the Director of the Office of Personnel Management may find 

appropriate to provide for effective operation of, or to ensure 

compliance with, this subsection; and 

‘‘(v) encourage the training and mentoring of employees 

by any limited time appointee employed under this subsection. 

‘‘(6)(A) Any hours of training or mentoring of employees by 

any limited time appointee employed under this subsection shall 

not be included in the hours of service performed for purposes 

of paragraph (3), but those hours of training or mentoring may 

not exceed 520 hours. 

‘‘(B) If the primary service performed by any limited time 

appointee employed under this subsection is training or mentoring 

of employees, the hours of that service shall be included in the 

hours of service performed for purposes of paragraph (3). 

‘‘(7) The authority of the head of an agency under this subsection to waive the application of subsection (a) shall terminate 

5 years after the date of enactment of the National Defense 

Authorization Act for Fiscal Year 2010.’’; and 

(3) in subsection (j) (as so redesignated)— 

(A) in paragraph (1), by striking ‘‘(h)’’ and inserting 

‘‘(i)’’; and 

(B) in paragraph (2), by striking ‘‘or (h)’’ and inserting 

‘‘(h), or (i)’’. 

(c) RULE OF CONSTRUCTION.—Nothing in the amendments made 

by this section may be construed to authorize the waiver of the 

hiring preferences under chapter 33 of title 5, United States Code 

in selecting annuitants to employ in an appointive or elective position. 

(d) TECHNICAL AND CONFORMING AMENDMENTS.—Section 

1005(d)(2) of title 39, United States Code, is amended— 

(1) by striking ‘‘(l)(2)’’ and inserting ‘‘(m)(2)’’; and 

(2) by striking ‘‘(i)(2)’’ and inserting ‘‘(j)(2)’’. 

SEC. 1123. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. 

(a) IN GENERAL.—Not later than 3 years after the date of 

the enactment of this Act, the Comptroller General of the United 

States shall submit to the Committee on Homeland Security and 

Governmental Affairs of the Senate and the Committee on Oversight 

and Government Reform of the House of Representatives a report 

regarding the use of the authority under the amendments made 

by section 1122. 

(b) CONTENTS.—The report submitted under subsection (a) 

shall— 

(1) include the number of annuitants for whom a waiver 

was made under subsection (l) of section 8344 of title 5, United 

States Code, as amended by this subtitle, or subsection (i) 

of section 8468 of title 5, United States Code, as amended 

by this subtitle; and 

5 USC 8344 note. 

Termination 

date. 


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123 STAT. 2510 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) identify each agency that used the authority described 

in paragraph (1). 

(c) AGENCY DATA.—Each head of an agency (as defined under 

sections 8344(l)(1) and 8468(i)(1)(A) of title 5, United States Code, 

as added by section 1122 of this subtitle) shall— 

(1) collect and maintain data necessary for purposes of 

the Comptroller General report submitted under subsection 

(a); and 

(2) submit to the Comptroller General that data as the 

Comptroller General requires in a timely fashion. 

TITLE XII—MATTERS RELATING TO 

FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. One-year extension of authority for security and stabilization assistance. Sec. 1202. Expansion of authority and modification of notification and reporting 

requirements for use of authority for support of special operations to 

combat terrorism. 

Sec. 1203. Modification of report on foreign-assistance related programs carried 

out by the Department of Defense. 

Sec. 1204. Report on authorities to build the capacity of foreign military forces and 

related matters. 

Sec. 1205. Authority to provide administrative services and support to coalition liaison officers of certain foreign nations assigned to United States Joint 

Forces Command. 

Sec. 1206. Modification of authorities relating to program to build the capacity of 

foreign military forces. 

Sec. 1207. Authority for non-reciprocal exchanges of defense personnel between the 

United States and foreign countries. 

Sec. 1208. Report on alternatives to use of acquisition and cross-servicing agreements to lend military equipment for personnel protection and survivability. 

Sec. 1209. Enhancing Iraqi security through defense cooperation between the 

United States and Iraq. 

Sec. 1210. Availability of appropriated funds for the State Partnership Program. 

Subtitle B—Matters Relating to Iraq, Afghanistan, and Pakistan 

Sec. 1221. Limitation on availability of funds for certain purposes relating to Iraq. 

Sec. 1222. One-year extension and expansion of Commanders’ Emergency Response Program. 

Sec. 1223. Modification of authority for reimbursement of certain coalition nations 

for support provided to United States military operations. 

Sec. 1224. Pakistan Counterinsurgency Fund. 

Sec. 1225. Program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and Pakistan. 

Sec. 1226. Reports on campaign plans for Iraq and Afghanistan. 

Sec. 1227. Report on responsible redeployment of United States Armed Forces 

from Iraq. 

Sec. 1228. Report on community-based security programs in Afghanistan. 

Sec. 1229. Updates of report on command and control structure for military forces 

operating in Afghanistan. 

Sec. 1230. Report on feasibility and desirability of establishing general uniform 

procedures and guidelines for the provision of monetary assistance by 

the United States to civilian foreign nationals for losses incident to combat activities of the armed forces. 

Sec. 1231. Assessment and report on United States-Pakistan military relations 

and cooperation. 

Sec. 1232. Report on progress toward security and stability in Pakistan. 

Sec. 1233. Repeal of GAO war-related reporting requirement. 

Sec. 1234. Authority to transfer defense articles and provide defense services to 

the military and security forces of Iraq and Afghanistan. 

Sec. 1235. Analysis of required force levels and types of forces needed to secure 

southern and eastern regions of Afghanistan. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2511 

Sec. 1236. Modification of report on progress toward security and stability in Afghanistan. Sec. 1237. No permanent military bases in Afghanistan. 

Subtitle C—Other Matters 

Sec. 1241. Report on United States engagement with Iran. 

Sec. 1242. Annual counterterrorism status reports. 

Sec. 1243. Report on United States contributions to the United Nations. 

Sec. 1244. NATO Special Operations Coordination Center. 

Sec. 1245. Annual report on military power of Iran. 

Sec. 1246. Annual report on military and security developments involving the People’s Republic of China. Sec. 1247. Report on impacts of drawdown authorities on the Department of Defense. 

Sec. 1248. Risk assessment of United States space export control policy. 

Sec. 1249. Patriot air and missile defense battery in Poland. 

Sec. 1250. Report on potential foreign military sales of the F–22A fighter aircraft. 

Sec. 1251. Report on the plan for the nuclear weapons stockpile, nuclear weapons 

complex, and delivery platforms and sense of Congress on follow-on negotiations to START Treaty. Sec. 1252. Map of mineral-rich zones and areas under the control of armed groups 

in the Democratic Republic of the Congo. Sec. 1253. Sense of Congress relating to Israel. 

Sec. 1254. Sense of Congress on imposing sanctions with respect to Iran. 

Sec. 1255. Report and sense of Congress on North Korea. 

Sec. 1256. Report on potential missile defense cooperation with Russia. 

Subtitle D—VOICE Act 

Sec. 1261. Short title. 

Sec. 1262. Authorization of appropriations. 

Sec. 1263. Iranian Electronic Education, Exchange, and Media Fund. 

Sec. 1264. Annual report. 

Sec. 1265. Report on actions by non-Iranian companies. 

Sec. 1266. Human rights documentation. 

Subtitle A—Assistance and Training 

SEC. 1201. ONE-YEAR EXTENSION OF AUTHORITY FOR SECURITY AND 

STABILIZATION ASSISTANCE. 

Section 1207(g) of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3458), as amended 

by section 1210 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 369) and section 

1207 of the Duncan Hunter National Defense Authorization Act 

for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4625), is 

further amended by striking ‘‘September 30, 2009’’ and inserting 

‘‘September 30, 2010’’. 

SEC. 1202. EXPANSION OF AUTHORITY AND MODIFICATION OF 

NOTIFICATION AND REPORTING REQUIREMENTS FOR 

USE OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM. 

(a) AUTHORITY.—Section 1208(a) of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 118 Stat. 2086), as amended by section 1208(a) 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4626), is further amended 

by striking ‘‘$35,000,000’’ and inserting ‘‘$40,000,000’’. 

(b) NOTIFICATION.—Section 1208(c) of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 118 Stat. 2086), as amended by section 1208(b) 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4626), is further 

amended— 


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123 STAT. 2512 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) by striking ‘‘Upon using’’ and inserting the following: 

‘‘(1) IN GENERAL.—Upon using’’; 

(2) by inserting after ‘‘support of an approved military 

operation’’ the following: ‘‘or changing the scope or funding 

level of any support for such an operation’’; 

(3) by striking ‘‘Such a notification need be provided only 

once with respect to any such operation.’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(2) CONTENT.—Notifications required under this subsection shall include the following information: 

‘‘(A) The type of support provided or to be provided 

to United States special operations forces. 

‘‘(B) The type of support provided or to be provided 

to the recipient of the funds. 

‘‘(C) The amount obligated under the authority to provide support.’’. 

(c) ANNUAL REPORT.—Section 1208(f) of the Ronald W. Reagan 

National Defense Authorization Act for Fiscal Year 2005 (Public 

Law 108–375; 118 Stat. 2086) is amended in the second sentence 

by striking ‘‘shall describe the support’’ and all that follows through 

the period at the end and inserting ‘‘shall include the following 

information: 

‘‘(1) A description of supported operations. 

‘‘(2) A summary of operations. 

‘‘(3) The type of recipients that received support, identified 

by authorized category (foreign forces, irregular forces, groups, 

or individuals). 

‘‘(4) The total amount obligated in the previous fiscal year, 

including budget details. 

‘‘(5) The total amount obligated in prior fiscal years. 

‘‘(6) The intended duration of support. 

‘‘(7) A description of support or training provided to the 

recipients of support. 

‘‘(8) A value assessment of the operational support provided.’’. 

SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSISTANCE 

RELATED PROGRAMS CARRIED OUT BY THE DEPARTMENT OF DEFENSE. 

(a) AMENDMENT.—Section 1209 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 368) is amended— 

(1) in subsection (a), by striking ‘‘180 days after the date 

of the enactment of this Act’’ and inserting ‘‘February 1 of 

each year through February 1, 2013’’; and 

(2) in subsection (b)(1)— 

(A) in subparagraph (G), by striking ‘‘and’’ at the end; 

and 

(B) by adding at the end the following new subparagraph: 

‘‘(I) subsection (b)(6) of section 166a of title 10, United 

States Code; and’’. 

(b) REPORT FOR FISCAL YEARS 2008 AND 2009.—The report 

required to be submitted not later than February 1, 2010, under 

section 1209(a) of the National Defense Authorization Act for Fiscal 

Year 2008, as amended by subsection (a), shall include information 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2513 

required under such section with respect to fiscal years 2008 and 

2009. 

SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CAPACITY OF 

FOREIGN MILITARY FORCES AND RELATED MATTERS. 

(a) REPORT REQUIRED.—Not later than March 1, 2010, the 

President shall transmit to the congressional committees specified 

in subsection (b) a report on the following: 

(1) The relationship between authorities of the Department 

of Defense to conduct security cooperation programs to train 

and equip, or otherwise build the capacity of, foreign military 

forces and security assistance authorities of the Department 

of State and other foreign assistance agencies to provide assistance to train and equip, or otherwise build the capacity of, 

foreign military forces, including the distinction, if any, between 

the purposes of such authorities, the processes to generate 

requirements to satisfy the purposes of such authorities, and 

the contribution such authorities make to the core missions 

of each such department and agency. 

(2) The strengths and weaknesses of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2151 et seq.), the Arms Export Control 

Act (22 U.S.C. 2171 et seq.), title 10, United States Code, 

and any other provision of law relating to training and equipping, or otherwise building the capacity of, foreign military 

forces, including to conduct counterterrorist operations or 

participate in or support military and stability operations in 

which the United State Armed Forces are a participant. 

(3) The changes, if any, that should be made to the provisions of law described in paragraph (2) that would improve 

the ability of the United States Government to train and equip, 

or otherwise build the capacity of, foreign military forces, 

including to conduct counterterrorist operations or participate 

in or support military and stability operations in which the 

United State Armed Forces are a participant. 

(4) The organizational and procedural changes, if any, that 

should be made in the Department of Defense and the Department of State and other foreign assistance agencies to improve 

the ability of such departments and agencies to conduct programs to train and equip, or otherwise build the capacity of, 

foreign military forces, including to conduct counterterrorist 

operations or participate in or support military and stability 

operations in which the United State Armed Forces are a 

participant. 

(5) The resources and funding mechanisms required to 

ensure adequate funding for such programs. 

(b) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional 

committees specified in this subsection are the following: 

(1) The Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives. 

(2) The Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate. 


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123 STAT. 2514 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 1205. AUTHORITY TO PROVIDE ADMINISTRATIVE SERVICES AND 

SUPPORT TO COALITION LIAISON OFFICERS OF CERTAIN 

FOREIGN NATIONS ASSIGNED TO UNITED STATES JOINT 

FORCES COMMAND. 

(a) EXTENSION OF AUTHORITY.—Subsection (a) of section 1051a 

of title 10, United States Code, is amended— 

(1) by striking ‘‘assigned temporarily’’ and inserting 

‘‘assigned temporarily as follows:’’; 

(2) by designating the remainder of the text of that subsection as paragraph (1) and indenting that text two ems from 

the left margin; 

(3) in paragraph (1), as so designated, by striking ‘‘to the 

headquarters’’ and inserting ‘‘To the headquarters’’; and 

(4) by adding at the end the following new paragraph: 

‘‘(2) To the headquarters of the combatant command 

assigned by the Secretary of Defense the mission of joint 

warfighting experimentation and joint forces training.’’. 

(b) EFFECTIVE DATE.—Paragraph (2) of section 1051a(a) of title 

10, United States Code (as added by subsection (a)), shall take 

effect on October 1, 2009, or the date of the enactment of this 

Act, whichever is later. 

SEC. 1206. MODIFICATION OF AUTHORITIES RELATING TO PROGRAM 

TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES. 

(a) TEMPORARY LIMITATION ON AMOUNT FOR BUILDING CAPACITY

FOR MILITARY AND STABILITY OPERATIONS.—Section 1206(c) of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3456), as amended by section 1206 of 

the John Warner National Defense Authorization Act for Fiscal 

Year 2007 (Public Law 109–364; 120 Stat. 2418) and section 1206 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4625), is further amended 

by adding at the end the following new paragraph: 

‘‘(5) TEMPORARY LIMITATION ON AMOUNT FOR BUILDING

CAPACITY TO PARTICIPATE IN OR SUPPORT MILITARY AND STABILITY OPERATIONS.—Of the funds used to carry out a program 

under subsection (a), not more than $75,000,000 may be used 

during fiscal year 2010, and not more than $75,000,000 may 

be used during fiscal year 2011, for purposes described in 

subsection (a)(1)(B).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on October 1, 2009, and shall apply with respect 

to programs under section 1206(a) of the National Defense 

Authorization Act for Fiscal Year 2006 that begin on or after 

that date. 

SEC. 1207. AUTHORITY FOR NON-RECIPROCAL EXCHANGES OF 

DEFENSE PERSONNEL BETWEEN THE UNITED STATES 

AND FOREIGN COUNTRIES. 

(a) AUTHORITY TO ENTER INTO NON-RECIPROCAL INTERNATIONAL

EXCHANGE AGREEMENTS.— (1) IN GENERAL.—The Secretary of Defense may enter into 

non-reciprocal international defense personnel exchange agreements. 

(2) INTERNATIONAL DEFENSE PERSONNEL EXCHANGE AGREEMENTS DEFINED.—For purposes of this section, an international 

defense personnel exchange agreement is an agreement with 

10 USC 168 note. 

10 USC 1051a. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2515 

the government of an ally of the United States or another 

friendly foreign country for the exchange of military and civilian 

personnel of the defense ministry of that foreign government. 

(b) ASSIGNMENT OF PERSONNEL.— (1) IN GENERAL.—Pursuant to a non-reciprocal international defense personnel exchange agreement, personnel of 

the defense ministry of a foreign government may be assigned 

to positions in the Department of Defense. 

(2) MUTUAL AGREEMENT REQUIRED.—An individual may not 

be assigned to a position pursuant to a non-reciprocal international defense personnel exchange agreement unless the 

assignment is acceptable to both governments. 

(c) PAYMENT OF PERSONNEL COSTS.— (1) IN GENERAL.—The foreign government with which the 

United States has entered into a non-reciprocal international 

defense personnel exchange agreement shall pay the salary, 

per diem, cost of living, travel costs, cost of language or other 

training, and other costs for its personnel under such agreement 

in accordance with the applicable laws and regulations of such 

government. 

(2) EXCLUDED COSTS.—Paragraph (1) does not apply to 

the following costs: 

(A) The cost of training programs conducted to familiarize, orient, or certify exchanged personnel regarding 

unique aspects of the assignments of the exchanged personnel. 

(B) Costs incident to the use of facilities of the United 

States Government in the performance of assigned duties. 

(C) The cost of temporary duty of the exchanged personnel directed by the United States Government. 

(d) PROHIBITED CONDITIONS.—No personnel exchanged pursuant to a non-reciprocal agreement under this section may take 

or be required to take an oath of allegiance or to hold an official 

capacity in the government. 

(e) REPORT.— (1) IN GENERAL.—Not later than 90 days after the end 

of the fiscal year in which the authority in subsection (a) 

has been exercised, the Secretary of Defense shall submit to 

the appropriate congressional committees a report on the use 

of the authority through the end of such fiscal year. 

(2) MATTERS TO BE INCLUDED.—The report required under 

paragraph (1) shall include the number of non-reciprocal international defense personnel exchange agreements, the number 

of personnel assigned pursuant to such agreements, the Department of Defense component to which the personnel have been 

assigned, the duty title of each assignment, and the countries 

with which the agreements have been concluded. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; 

and 

(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate. 

(f) DURATION OF AUTHORITY.—The authority under this section 

shall expire on September 30, 2012. 


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123 STAT. 2516 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 1208. REPORT ON ALTERNATIVES TO USE OF ACQUISITION AND 

CROSS-SERVICING AGREEMENTS TO LEND MILITARY 

EQUIPMENT FOR PERSONNEL PROTECTION AND SURVIVABILITY. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report setting forth and 

assessing various alternatives to the use of acquisition and crossservicing agreements pursuant to the temporary authority in section 

1202 of the John Warner National Defense Authorization Act for 

Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2412), as amended 

by section 1252 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 402), for purposes 

of lending covered military equipment to military forces of nations 

as follows: 

(1) A nation participating in combined operations with 

the United States in Iraq and Afghanistan. 

(2) A nation participating in combined operations with 

the United States as part of a peacekeeping operation under 

the Charter of the United Nations or another international 

agreement. 

(b) COVERED MILITARY EQUIPMENT DEFINED.—In this section, 

the term ‘‘covered military equipment’’ has the meaning given that 

term in section 1202(d)(1) of the John Warner National Defense 

Authorization Act for Fiscal Year 2007. 

SEC. 1209. ENHANCING IRAQI SECURITY THROUGH DEFENSE 

COOPERATION BETWEEN THE UNITED STATES AND IRAQ. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense, with the 

concurrence of the Secretary of State, shall submit to the appropriate congressional committees a report on the role of Foreign 

Military Sales in meeting the requirements of the military and 

security forces of Iraq for restoring and maintaining peace and 

security in Iraq. 

(b) MATTERS TO BE INCLUDED.—The report required under 

subsection (a) shall include the following: 

(1) A description of the minimum requirements of the military and security forces of Iraq to achieve and sustain internal 

security. 

(2) A description of how Foreign Military Sales may be 

leveraged to ensure the timely delivery of training, equipment, 

and supplies beyond the December 2011 drawdown deadline 

and any recommendations for improving the Foreign Military 

Sales process with respect to Iraq. 

(3) An assessment of the feasibility and desirability of 

treating an undertaking by the Government of Iraq between 

the date of the enactment of this Act and December 31, 2011, 

as a dependable undertaking described in section 22(a) of the 

Arms Export Control Act (22 U.S.C. 2762(a)) for the purpose 

of entering into contracts for the procurement of defense articles 

and defense services as provided for in that section. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense should, with the concurrence of the Secretary of State, seek to increase the number of positions in professional military education courses, including courses at command 

and general staff colleges, war colleges, and the service academies, 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2517 

that are made available annually to personnel of the security forces 

of the Government of Iraq. 

(d) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

SEC. 1210. AVAILABILITY OF APPROPRIATED FUNDS FOR THE STATE 

PARTNERSHIP PROGRAM. 

(a) REGULATIONS REQUIRED.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Defense, in 

consultation with Secretary of State, shall prescribe regulations 

regarding the use of funds appropriated to the Department of 

Defense to pay the costs incurred by the National Guard in conducting activities under the State Partnership Program. The Secretary of Defense shall transmit to the appropriate congressional 

committees a copy of the regulations not later than 15 days after 

the date on which the regulations are prescribed under this subsection. 

(b) LIMITATIONS.— 

(1) APPROVAL BY COMMANDER OF COMBATANT COMMAND

AND CHIEF OF MISSION.—Funds shall not be available under 

subsection (a) for activities conducted under the State Partnership Program in a foreign country unless such activities are 

jointly approved by the commander of the combatant command 

concerned and the chief of mission concerned. 

(2) PARTICIPATION BY MEMBERS.—Funds shall not be available under subsection (a) for the participation of a member 

of the National Guard in activities conducted under the State 

Partnership Program in a foreign country unless the member 

is on active duty in the Armed Forces at the time of such 

participation. 

(c) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, and not later than the end of each of 

the fiscal years 2010 through 2013, the Secretary of Defense shall 

submit to the appropriate congressional committees a report 

describing the civilian engagement activities conducted under the 

State Partnership Program, including a detailed description of the 

activities undertaken and funds expended in the previous fiscal 

year under the State Partnership Program. 

(d) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

Records. 

Deadline. 

Deadline. 

32 USC 107 note. 


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123 STAT. 2518 PUBLIC LAW 111–84—OCT. 28, 2009 

Subtitle B—Matters Relating to Iraq, 

Afghanistan, and Pakistan 

SEC. 1221. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN 

PURPOSES RELATING TO IRAQ. 

No funds appropriated pursuant to an authorization of appropriations in this Act may be obligated or expended for a purpose 

as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control of the oil resources 

of Iraq. 

SEC. 1222. ONE-YEAR EXTENSION AND EXPANSION OF COMMANDERS’ 

EMERGENCY RESPONSE PROGRAM. 

(a) ONE-YEAR EXTENSION OF AUTHORITY.— (1) AUTHORITY FOR FISCAL YEAR 2010.—Subsection (a) of 

section 1202 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3455), as 

amended by section 1205 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 366) 

and section 1214 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 

122 Stat. 4630), is further amended— 

(A) in the heading, by striking ‘‘FISCAL YEARS 2008 

AND 2009’’ and inserting ‘‘FISCAL YEAR 2010’’; 

(B) by striking ‘‘each of fiscal years 2008 and 2009’’ 

and inserting ‘‘fiscal year 2010’’; 

(C) by striking ‘‘for such fiscal year’’; and 

(D) by striking ‘‘$1,700,000,000 in fiscal year 2008 and 

$1,500,000,000 in fiscal year 2009’’ and inserting 

‘‘$1,300,000,000’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall take effect on October 1, 2009. 

(b) EXTENSION OF DUE DATE FOR QUARTERLY REPORTS.—Subsection (b)(1) of such section is amended— 

(1) by striking ‘‘15 days’’ and inserting ‘‘30 days’’; and 

(2) by striking ‘‘fiscal years 2008 and 2009’’ and inserting 

‘‘any fiscal year during which the authority under subsection 

(a) is in effect’’. 

(c) TECHNICAL AMENDMENTS.—Subsections (e)(1) and (f)(1) of 

such section are amended by striking ‘‘the date of the enactment 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009’’ and inserting ‘‘October 14, 2008,’’. 

(d) AUTHORITY TO TRANSFER FUNDS FOR SUPPORT OF AFGHANI- STAN NATIONAL SOLIDARITY PROGRAM.— 

(1) AUTHORITY.—If the Secretary of Defense determines 

that the use of Commanders’ Emergency Response Program 

funds to support the Afghanistan National Solidarity Program 

would enhance counterinsurgency operations or stability operations in Afghanistan, the Secretary of Defense may transfer 

funds, from amounts available for the Commanders’ Emergency 

Response Program for fiscal year 2010, to the Secretary of 

State for purposes of supporting the Afghanistan National Solidarity Program. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2519 

(2) LIMITATION.—The amount of funds transferrable under 

paragraph (1) may not exceed $50,000,000. 

(3) CONGRESSIONAL NOTIFICATION.—Not later than 15 days 

before transferring funds under paragraph (1), the Secretary 

of Defense shall submit to the congressional defense committees 

a report setting forth the Secretary’s determination pursuant 

to paragraph (1) and a description of the amount of funds 

to be transferred under that paragraph. 

(4) EXPIRATION.—The authority to transfer funds under 

paragraph (1) shall expire at the close of September 30, 2010. 

(e) USE OF FUNDS FOR REINTEGRATION ACTIVITIES IN AFGHANISTAN.— 

(1) AUTHORITY.—The Secretary of Defense, in coordination 

with the Government of Afghanistan and with the concurrence 

of the Secretary of State, may utilize such funds as necessary 

from amounts available for the Commanders’ Emergency 

Response Program for fiscal year 2010 to support the reintegration into Afghan society of those individuals who have 

renounced violence against the Government of Afghanistan. 

(2) QUARTERLY REPORTS.— 

(A) IN GENERAL.—The Secretary of Defense shall 

submit to the congressional defense committees a report 

on activities carried out utilizing the authority of paragraph 

(1). Such report shall be included in the report required 

under section 1202(b) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3455), and shall be specifically identified as having 

been carried out under the authority of paragraph (1). 

(B) COPY OF REPORT.—The Secretary of Defense shall 

provide the Committee on Foreign Affairs of the House 

of Representatives and the Committee on Foreign Relations 

of the Senate with a copy of that portion of the report 

required by section 1202 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3455) that pertains to expenditures carried out under 

the authority of paragraph (1). 

(3) EXPIRATION.—The authority to utilize funds under paragraph (1) shall expire at the close of September 30, 2010. 

(f) REVIEW OF PROGRAM.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense shall 

conduct a thorough review of the Commander’s Emergency Response 

Program and submit to the congressional defense committees the 

results of such review. 

(g) DEFINITION.—In this section, the term ‘‘Commanders’ Emergency Response Program’’ has the meaning given the term in section 

1202(g) of the National Defense Authorization Act for Fiscal Year 

2006 (Public Law 109–163; 119 Stat. 3456). 

SEC. 1223. MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF 

CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED 

TO UNITED STATES MILITARY OPERATIONS. 

(a) EXPANSION OF AUTHORITY.—Section 1233 of the National 

Defense Authorization Act for Fiscal Year 2008 (Public Law 110– 

181; 122 Stat. 393) is amended— 

(1) in subsection (a)— 

Deadline. 

Deadline. 

Reports. 


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123 STAT. 2520 PUBLIC LAW 111–84—OCT. 28, 2009 

(A) by striking ‘‘section 1508’’ and inserting ‘‘section 

1509(5) of the National Defense Authorization Act for Fiscal 

Year 2010’’; 

(B) by striking ‘‘key cooperating nation for logistical’’ 

and inserting the following: ‘‘key cooperating nation for 

the following: 

‘‘(1) Logistical’’; and 

(C) by adding at the end the following: 

‘‘(2) Logistical, military, and other support, including 

access, provided by that nation to or in connection with United 

States military operations described in paragraph (1).’’; 

(2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and 

(3) by inserting after subsection (a) the following new subsection: 

‘‘(b) OTHER SUPPORT.—Using funds described in subsection 

(a)(2), the Secretary of Defense may also assist any key cooperating 

nation supporting United States military operations in Operation 

Iraqi Freedom or Operation Enduring Freedom in Afghanistan 

through the following: 

‘‘(1) The provision of specialized training to personnel of 

that nation in connection with such operations, including 

training of such personnel before deployment in connection 

with such operations. 

‘‘(2) The procurement and provision of supplies to that 

nation in connection with such operations. 

‘‘(3) The procurement of specialized equipment and the 

loaning of such specialized equipment to that nation on a 

non-reimbursable basis in connection with such operations.’’. 

(b) AMOUNTS OF SUPPORT.—Paragraph (2) of subsection (c) of 

such section (as redesignated) is amended to read as follows: 

‘‘(2) SUPPORT.—Support authorized by subsection (b) may 

be provided in such amounts as the Secretary of Defense, 

with the concurrence of the Secretary of State and in consultation with the Director of the Office of Management and Budget 

considers appropriate.’’. 

(c) LIMITATION ON AMOUNT.—Paragraph (1) of subsection (d) 

of such section (as redesignated) is amended by adding at the 

end the following: ‘‘The aggregate amount of reimbursements made 

under subsection (a) and support provided under subsection (b) 

during fiscal year 2010 may not exceed $1,600,000,000.’’. 

(d) NOTICE TO CONGRESS.—Subsection (e) of such section (as 

redesignated) is amended by striking ‘‘shall—’’ and all that follows 

and inserting ‘‘shall notify the appropriate congressional committees 

not later than 15 days before making any reimbursement under 

the authority in subsection (a) or providing any support under 

the authority in subsection (b). In the case of any reimbursement 

to Pakistan under the authority of this section, such notice shall 

be made in accordance with the notice requirements under section 

1232(b).’’. 

(e) QUARTERLY REPORTS.—Such section is further amended by 

adding at the end the following new subsection: 

‘‘(f) QUARTERLY REPORTS.—The Secretary of Defense shall 

submit to the appropriate congressional committees on a quarterly 

basis a report on any reimbursements made under the authority 

in subsection (a), and any support provided under the authority 

in subsection (b), during such quarter.’’. 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2521 

(f) DEFINITION.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(g) DEFINITION.—In this section, the term ‘appropriate congressional committees’ means— 

‘‘(1) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives; and 

‘‘(2) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate.’’. 

(g) EXTENSION OF NOTICE REQUIREMENT RELATING TO

REIMBURSEMENT OF PAKISTAN FOR SUPPORT PROVIDED BY PAKI- STAN.—Section 1232(b)(6) of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), 

as amended by section 1217(d) of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4635), is further amended by striking ‘‘September 

30, 2010’’ and inserting ‘‘September 30, 2011’’. 

SEC. 1224. PAKISTAN COUNTERINSURGENCY FUND. 

(a) AVAILABILITY.— 

(1) AMOUNTS IN THE FUND.—The Pakistan Counterinsurgency Fund (in this section referred to as the ‘‘Fund’’) shall 

consist of the following: 

(A) Amounts appropriated to the Fund for fiscal year 

2009. 

(B) Amounts transferred to the Fund pursuant to subsection (d). 

(2) INITIAL ASSESSMENT REQUIRED.—Concurrent with the 

initial use of funds available under this section, the Secretary 

of Defense shall submit to the appropriate congressional 

committees a report setting forth an assessment by the Secretary as to whether the Government of Pakistan is making 

concerted efforts to confront the threat posed by al Qa’ida, 

the Taliban, and other militant extremists based on the national 

security interests of Pakistan. 

(b) USE OF FUNDS.— 

(1) IN GENERAL.—Amounts in the Fund shall be made 

available to the Secretary of Defense, with the concurrence 

of the Secretary of State, to provide assistance (including program management and the provision of equipment, supplies, 

services, training, facility and infrastructure repair, renovation, 

and construction) to the security forces of Pakistan (including 

military forces, police forces, and the Frontier Corps) to build 

and maintain the counterinsurgency capability of such forces, 

and of which not more than $4,000,000 may be made available 

to provide humanitarian assistance to the people of Pakistan 

only as part of civil-military training exercises for such forces 

receiving assistance under the Fund. 

(2) RELATION TO OTHER AUTHORITIES.—Except as otherwise 

provided in section 1225 of this Act, amounts in the Fund 

are authorized to be made available subject only to the terms 

and conditions of this section and notwithstanding any other 

provision of law. The authority to provide assistance under 

this subsection is in addition to any other authority to provide 

assistance to foreign countries. 

(c) TRANSFERS FROM FUND.— 


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123 STAT. 2522 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) IN GENERAL.—The Secretary of Defense may transfer 

such amounts as the Secretary determines to be appropriate 

from the Fund— 

(A) to any account available to the Department of 

Defense, or 

(B) with the concurrence of the Secretary of State 

and head of the relevant Federal department or agency, 

to any other non-intelligence related Federal account, 

for purposes consistent with this section. 

(2) TREATMENT OF TRANSFERRED FUNDS.—Subject to subsection (b)(2), amounts transferred to an account under the 

authority of paragraph (1) shall be merged with amounts in 

such account and shall be made available for the same purposes, 

and subject to the same conditions and limitations, as amounts 

in such account. 

(3) TRANSFERS BACK TO FUND.—Upon a determination by 

the Secretary of Defense with respect to funds transferred 

under paragraph (1)(A), or the head of the other Federal department or agency with the concurrence of the Secretary of State 

with respect to funds transferred under paragraph (1)(B), that 

all or part of amounts transferred from the Fund under paragraph (1) are not necessary for the purpose provided, such 

amounts may be transferred back to the Fund and shall be 

made available for the same purposes, and subject to the same 

conditions and limitations, as originally applicable under subsection (b). 

(d) TRANSFERS TO FUND.— 

(1) IN GENERAL.—The Fund may include amounts transferred by the Secretary of State, with the concurrence of the 

Secretary of Defense, under any authority of the Secretary 

of State to transfer funds under any provision of law. 

(2) TREATMENT OF TRANSFERRED FUNDS.—Amounts transferred to the Fund under the authority of paragraph (1) shall 

be subject to any restriction relating to payments for Letters 

of Offer and Acceptance as a condition of the authority to 

transfer funds under paragraph (1), and merged with amounts 

in the Fund and shall be made available for the same purposes, 

and subject to the same conditions and limitations, as amounts 

in the Fund. 

(e) CONGRESSIONAL NOTIFICATION.—Amounts in the Fund may 

not be transferred from the Fund under this section until 15 days 

after the date on which the Secretary of Defense notifies the appropriate congressional committees in writing of the details of the 

proposed transfer. 

(f) QUARTERLY REPORTS.—Not later than 30 days after the 

end of each fiscal quarter, the Secretary of Defense shall submit 

to the appropriate congressional committees a report that summarizes, on a project-by-project basis, any transfer of funds from 

the Fund under this section during such fiscal quarter. 

(g) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives; and 

Time period. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2523 

(2) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate. 

(h) SUNSET.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

authority provided under this section terminates at the close 

of September 30, 2010. 

(2) EXCEPTION.—Any program supported from amounts in 

the Fund established before the close of September 30, 2010, 

may be completed after that date but only using amounts 

appropriated or transferred to the Fund on or before that 

date. 

SEC. 1225. PROGRAM TO PROVIDE FOR THE REGISTRATION AND ENDUSE MONITORING OF DEFENSE ARTICLES AND DEFENSE 

SERVICES TRANSFERRED TO AFGHANISTAN AND PAKISTAN. 

(a) PROGRAM REQUIRED.— 

(1) IN GENERAL.—The Secretary of Defense shall establish 

and carry out a program to provide for the registration and 

end-use monitoring of defense articles and defense services 

transferred to Afghanistan and Pakistan in accordance with 

the requirements under subsection (b) and to prohibit the retransfer of such defense articles and defense services without 

the consent of the United States. The program required under 

this subsection shall be limited to the transfer of defense articles and defense services— 

(A) pursuant to authorities other than the Arms Export 

Control Act or the Foreign Assistance Act of 1961; and 

(B) using funds made available to the Department 

of Defense, including funds available pursuant to the Pakistan Counterinsurgency Fund. 

(2) PROHIBITION.—No defense articles or defense services 

that would be subject to the program required under this subsection may be transferred to— 

(A) the Government of Afghanistan or any other group, 

organization, citizen, or resident of Afghanistan, or 

(B) the Government of Pakistan or any other group, 

organization, citizen, or resident of Pakistan, 

until the Secretary of Defense certifies to the specified congressional committees that the program required under this subsection has been established. 

(b) REGISTRATION AND END-USE MONITORING REQUIREMENTS.— 

The registration and end-use monitoring requirements under this 

subsection shall include the following: 

(1) A detailed record of the origin, shipping, and distribution of defense articles and defense services transferred to— 

(A) the Government of Afghanistan and other groups, 

organizations, citizens, and residents of Afghanistan; and 

(B) the Government of Pakistan and other groups, 

organizations, citizens, and residents of Pakistan. 

(2) The registration of the serial numbers of all small 

arms to be provided to— 

(A) the Government of Afghanistan and other groups, 

organizations, citizens, and residents of Afghanistan; and 

(B) the Government of Pakistan and other groups, 

organizations, citizens, and residents of Pakistan. 

22 USC 2785 

note. 


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123 STAT. 2524 PUBLIC LAW 111–84—OCT. 28, 2009 

(3) A program of end-use monitoring of lethal defense articles and defense services transferred to the entities and individuals described in subparagraphs (A) and (B) of paragraph (1). 

(c) REVIEW; EXEMPTION.— (1) REVIEW.—The Secretary of Defense shall periodically 

review the defense articles and defense services subject to the 

registration and end-use monitoring requirements under subsection (b) to determine which defense articles and defense 

services, if any, should no longer be subject to such registration 

and end-use monitoring requirements. The Secretary of Defense 

shall submit to the specified congressional committees the 

results of each review conducted under this paragraph. 

(2) EXEMPTION.—The Secretary of Defense may exempt 

a defense article or defense service from the registration and 

end-use monitoring requirements under subsection (b) beginning on the date that is 30 days after the date on which 

the Secretary provides notice of the proposed exemption to 

the specified congressional committees. Such notice shall 

describe any controls to be imposed on such defense article 

or defense service, as the case may be, under any other provision of law. 

(d) DEFINITIONS.—In this section: 

(1) DEFENSE ARTICLE.—The term ‘‘defense article’’ has the 

meaning given the term in section 644(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(d)). 

(2) DEFENSE SERVICE.—The term ‘‘defense service’’ has the 

meaning given the term in section 644(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(f)). 

(3) SMALL ARM.—The term ‘‘small arm’’ means— 

(A) a handgun or pistol; 

(B) a shoulder-fired weapon, including a sub-carbine, 

carbine, or rifle; 

(C) a light, medium, or heavy automatic weapon up 

to and including a .50 caliber machine gun; 

(D) a recoilless rifle up to and including 106mm; 

(E) a mortar up to and including 81mm; 

(F) a rocket launcher, man-portable; 

(G) a grenade launcher, rifle and shoulder fired; and 

(H) an individually-operated weapon which is portable 

or can be fired without special mounts or firing devices 

and which has potential use in civil disturbances and is 

vulnerable to theft. 

(4) SPECIFIED CONGRESSIONAL COMMITTEES.—The term 

‘‘specified congressional committees’’ means— 

(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; 

and 

(B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. 

(e) EFFECTIVE DATE.— 

(1) IN GENERAL.—Except as provided in paragraph (2), this 

section shall take effect 180 days after the date of the enactment 

of this Act. 

(2) EXCEPTION.—The Secretary of Defense may delay the 

effective date of this section by an additional period of up 

to 120 days if the Secretary certifies in writing to the specified 

congressional committees for such additional period that it 

Time period. 

Certification. 

Effective date. 

Notification. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2525 

is in the vital interest of the United States to do so and 

includes in the certification a description of such vital interest. 

SEC. 1226. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND AFGHANISTAN. 

(a) REPORTS REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Comptroller General of 

the United States shall submit to the congressional defense committees separate reports containing assessments of the extent to which 

the campaign plan for Iraq and the campaign plan for Afghanistan 

(including the supporting and implementing documents for each 

such plan) each adhere to military doctrine (as defined in the 

Department of Defense’s Joint Publication 5–0, Joint Operation 

Planning), including the elements set forth in subsection (b). 

(b) MATTERS TO BE ASSESSED.—The matters to be included 

in the assessments required under subsection (a) are as follows: 

(1) The extent to which each campaign plan identifies 

and prioritizes the conditions that must be achieved in each 

phase of the campaign. 

(2) The extent to which each campaign plan reports the 

number of combat brigade teams and other forces required 

for each campaign phase. 

(3) The extent to which each campaign plan estimates 

the time needed to reach the desired end state and complete 

the military portion of the campaign. 

(c) UPDATE OF REPORT.—The Comptroller General shall submit 

to the congressional defense committees an update of the report 

on the campaign plan for Iraq or the campaign plan for Afghanistan 

required under subsection (a) whenever the campaign plan for 

Iraq or the campaign plan for Afghanistan, as the case may be, 

is substantially updated or altered. 

(d) EXCEPTION.—If the Comptroller General determines that 

a report submitted to Congress by the Comptroller General before 

the date of the enactment of this Act substantially meets the 

requirements of subsection (a) for the submission of a report on 

the campaign plan for Iraq or the campaign plan for Afghanistan, 

the Comptroller General shall so notify the congressional defense 

committees in writing, but shall provide an update of the report 

as required under subsection (c). 

(e) TERMINATION.— 

(1) REPORTS ON IRAQ.—The requirement to submit updates 

of reports on the campaign plan for Iraq under subsection 

(c) shall terminate on December 31, 2011. 

(2) REPORTS ON AFGHANISTAN.—The requirement to submit 

updates of reports on the campaign plan for Afghanistan under 

subsection (c) shall terminate on September 30, 2012. 

SEC. 1227. REPORT ON RESPONSIBLE REDEPLOYMENT OF UNITED 

STATES ARMED FORCES FROM IRAQ. 

(a) REPORT REQUIRED.—Not later than 90 days after the date 

of the enactment of this Act, or December 31, 2009, whichever 

occurs later, and every 90 days thereafter, the Secretary of Defense 

shall submit to the appropriate congressional committees a report 

concerning the responsible redeployment of United States Armed 

Forces from Iraq in accordance with the policy announced by the 

President on February 27, 2009, and the Agreement Between the 

50 USC 1541 

note. 

Determination. 

Notification. 


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123 STAT. 2526 PUBLIC LAW 111–84—OCT. 28, 2009 

United States of America and the Republic of Iraq On the Withdrawal of United States Forces From Iraq and the Organization 

of Their Activities During Their Temporary Presence in Iraq. 

(b) ELEMENTS.—The report required under subsection (a) shall 

include the following elements: 

(1) The number of United States military personnel in 

Iraq by service and component for each month of the preceding 

90-day period and an estimate of the personnel levels in Iraq 

for the 90-day period following submission of the report. 

(2) The number and type of military installations in Iraq 

occupied by 100 or more United States military personnel and 

the number of such military installations closed, consolidated, 

or transferred to the Government of Iraq in the preceding 

90-day period. 

(3) An estimate of the number of military vehicles, containers of equipment, tons of ammunition, or other significant 

items belonging to the Department of Defense removed from 

Iraq during the preceding 90-day period, an estimate of the 

remaining amount of such items belonging to the Department 

of Defense, and an assessment of the likelihood of successfully 

removing, demilitarizing, or otherwise transferring all items 

belonging to the Department of Defense from Iraq on or before 

December 31, 2011. 

(4) An assessment of United States detainee operations 

and releases. Such assessment should include the total number 

of detainees held by the United States in Iraq, the number 

of detainees in each threat level category, the number of 

detainees who are not nationals of Iraq, the number of detainees 

transferred to Iraqi authorities, the number of detainees who 

were released from United States custody and the reasons 

for their release, and the number of detainees who having 

been released in the past were recaptured or had their remains 

identified planning or after carrying out attacks on United 

States or Coalition forces. 

(5) A listing of the objective and subjective factors utilized 

by the commander of Multi-National Force–Iraq, including any 

changes to that list in the case of an update to the report, 

to determine risk levels associated with the drawdown of United 

States Armed Forces, and the process and timing that will 

be utilized by the commander of Multi-National Force–Iraq 

and the Secretary of Defense to assess risk and make recommendations to the President about either continuing the 

redeployment of United States Armed Forces from Iraq in 

accordance with the schedule announced by the President or 

modifying the pace or timing of that redeployment. 

(c) INCLUSION IN OTHER REPORTS.—The report required under 

subsection (a) and any updates to the report may be included 

in any other required report on Iraq submitted to Congress by 

the Secretary of Defense. 

(d) FORM.—The report required under subsection (a), whether 

or not included in another report on Iraq submitted to Congress 

by the Secretary of Defense, may include a classified annex. 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Relations, the Select Committee on Intelligence, and 

the Committee on Appropriations of the Senate; and 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2527 

(2) the Committee on Armed Services, the Committee on 

Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House 

of Representatives. 

SEC. 1228. REPORT ON COMMUNITY-BASED SECURITY PROGRAMS IN 

AFGHANISTAN. 

(a) REPORT REQUIRED.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the Afghan 

Public Protection Program and other similar programs for community-based security forces in Afghanistan (in this section collectively 

referred to as the ‘‘programs’’). 

(b) MATTERS TO BE INCLUDED.—The report required under 

subsection (a) shall include the following elements: 

(1) An assessment of the programs in Afghanistan, 

including, at a minimum, the following elements: 

(A) A listing and short description of the programs, 

including major elements of each program. 

(B) An evaluation of the changes in security conditions 

in the districts in which each program is located, from 

each program’s inception to the date of the report. 

(C) The extent to which the forces developed under 

the programs are generally representative of the ethnic 

groups in the respective districts in which the programs 

are located. 

(D) If the forces developed under the programs are 

appropriately representative of the geographic area of 

responsibility. 

(E) An assessment of the effectiveness of each program, 

including, to the extent practicable, the views of the local 

communities and Afghan national, provincial, and district 

governmental officials and leaders of the local communities. 

(F) Any formal reviews of the programs that are 

planned for the future and the timelines on which the 

reviews would be conducted, by whom the reviews would 

be conducted, and the criteria that would be used. 

(G) The selection criteria that were used to select members of the program in the initial pilot districts and how 

the members were vetted. 

(H) The costs to the Department of Defense to support 

the program in the initial pilot districts, to include any 

Commanders’ Emergency Response Program funds spent 

as formal or informal incentives. 

(I) The roles of the Afghanistan National Security 

Forces (ANSF) in supporting and training forces under 

each program. 

(J) Any other criteria used to evaluate the programs 

by the Commander of United States Forces–Afghanistan. 

(2) An assessment of the future of the programs, including, 

at a minimum, the following elements: 

(A) A description of the goals and objectives expected 

to be met by the expansion of the programs or the establishment of similar programs. 

(B) A description of how such expansions would support 

the functions of the Afghan National Police. 


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(C) A description of how districts or provinces will 

be chosen to participate in the programs, including an 

explanation of the following: 

(i) What mechanisms the Government of Afghanistan will use to select additional districts or provinces, 

including participants in the decision process and the 

criteria used. 

(ii) How the views of relevant United States 

Government departments and agencies and of the 

North Atlantic Treaty Organization (NATO) International Security Assistance Force (ISAF) will be taken 

into account by the Government of Afghanistan when 

choosing districts or provinces to participate in the 

programs. 

(iii) What process will be used to evaluate any 

changes to the programs as executed in the past to 

account for different or unique circumstances in additional areas of expansion. 

(D) An assessment of personnel, assets, or funding 

of the Department of Defense that would likely be required 

to support any expansion of the programs. 

(E) A description of the formal process, led by the 

Government of Afghanistan, that will be used to evaluate 

the programs, including a description of the following: 

(i) A listing of the criteria that are expected to 

be considered in the process. 

(ii) The roles in the process of— 

(I) the Government of Afghanistan; 

(II) relevant United States Government 

departments and agencies; 

(III) NATO-ISAF; 

(IV) nongovernmental representatives of the 

people of Afghanistan; and 

(V) any other appropriate individuals and entities. 

(F) A description of whether members of the forces 

developed under the programs will be transitioned to the 

ANSF or to other employment in the future, including 

a description of— 

(i) the process that will be used to transition the 

forces; 

(ii) additional training that may be required; and 

(iii) how decisions will be made to transition the 

forces to the ANSF or other employment. 

(G) The Afghan chain of command that will be used 

to implement the programs and provide command and control over the units created by the programs. 

SEC. 1229. UPDATES OF REPORT ON COMMAND AND CONTROL STRUCTURE FOR MILITARY FORCES OPERATING IN AFGHANISTAN. 

Section 1216(d) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4634) is amended by adding at the end the following new 

sentence: ‘‘Any update of the report required under subsection (c) 

may be included in the report required under section 1230 of 

10 USC 113 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2529 

the National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 385).’’. 

SEC. 1230. REPORT ON FEASIBILITY AND DESIRABILITY OF ESTABLISHING GENERAL UNIFORM PROCEDURES AND GUIDELINES FOR THE PROVISION OF MONETARY ASSISTANCE 

BY THE UNITED STATES TO CIVILIAN FOREIGN 

NATIONALS FOR LOSSES INCIDENT TO COMBAT ACTIVITIES OF THE ARMED FORCES. 

(a) REPORT.—The Secretary of Defense shall submit to Congress 

a report on the feasibility and the desirability of establishing general 

uniform procedures and guidelines for the provision by the United 

States of monetary assistance to civilian foreign nationals for losses, 

injuries, or death (hereafter ‘‘harm’’) incident to combat activities 

of the United States Armed Forces. 

(b) MATTERS TO BE INCLUDED IN REPORT.—The Secretary shall 

include in the report the following: 

(1) A description of the authorities under laws in effect 

as of the date of the enactment of this Act for the United 

States to provide compensation, monetary payments, or other 

assistance to civilians who incur harm due directly or indirectly 

to the combat activities of the United States Armed Forces. 

(2) A description of the practices in effect as of the date 

of enactment of this Act for the United States to provide ex 

gratia, solatia, or other types of condolence payments to 

civilians who incur harm due directly or indirectly to the combat 

activities of the United States Armed Forces. 

(3) A discussion of the historic practice of the United States 

to provide compensation, other monetary payments, or other 

assistance to civilian foreign nationals who incur harm due 

directly or indirectly to combat activities of the United States 

Armed Forces. 

(4) A discussion of the practice of the United States in 

Operation Enduring Freedom and Operation Iraqi Freedom 

to provide compensation, other monetary payments, or other 

assistance to civilian foreign nationals who incur harm due 

directly or indirectly to the combat activities of the United 

States Armed Forces, including the procedures and guidelines 

used and an assessment of its effectiveness. This discussion 

will also include estimates of the total amount of funds disbursed to civilian foreign nationals who have incurred harm 

since the inception of Operation Iraqi Freedom and Operation 

Enduring Freedom. This discussion will also include how such 

procedures and guidelines compare to the processing of claims 

filed under the Foreign Claims Act. 

(5) A discussion of the positive and negative effects of 

using different authorities, procedures, and guidelines to provide monetary assistance to civilian foreign nationals, based 

upon the culture and economic circumstances of the local populace and the operational impact on the military mission. This 

discussion will also include whether the use of different authorities, procedures, and guidelines has resulted in disparate monetary assistance to civilian foreign nationals who have incurred 

substantially similar harm, and if so, the frequency and effect 

of such results. 

(6) A discussion of the positive and negative effects of 

establishing general uniform procedures and guidelines for the 


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provision of such assistance, based upon the goals of timely 

commencement of a program of monetary assistance, efficient 

and effective implementation of such program, and consistency 

in the amount of assistance in relation to the harm incurred. 

This discussion will also include whether the implementation 

of general uniform procedures and guidelines would create a 

legally enforceable entitlement to ‘‘compensation’’ and, if so, 

any potential significant operational impact arising from such 

an entitlement. 

(7) Assuming general uniform procedures and guidelines 

were to be established, a discussion of the following: 

(A) Whether such assistance should be limited to specified types of combat activities or operations, e.g., such 

as during counterinsurgency operations. 

(B) Whether such assistance should be contingent upon 

a formal determination that a particular combat activity/ 

operation is a qualifying activity, and the criteria, if any, 

for such a determination. 

(C) Whether a time limit from the date of loss for 

providing such assistance should be prescribed. 

(D) Whether only monetary or other types of assistance 

should be authorized, and what types of nonmonetary 

assistance, if any, should be authorized. 

(E) Whether monetary value limits should be placed 

on the assistance that may be provided, or whether the 

determination to provide assistance and, if so, the monetary 

value of such assistance, should be based, in whole or 

in part, on a legal advisor’s assessment of the facts. 

(F) Whether a written record of the determination 

to provide or to not provide such assistance should be 

maintained and a copy made available to the civilian foreign national. 

(G) Whether in the event of a determination to not 

provide such assistance the civilian foreign national should 

be afforded the option of a review of the determination 

by a higher ranking authority. 

(c) RECOMMENDATIONS.—The Secretary shall include in the 

report such recommendations as the Secretary considers appropriate 

for legislative or administrative action with respect to the matters 

discussed in the report. 

(d) SUBMISSION OF REPORT.—The report shall be submitted 

not later than 180 days after the date of the enactment of this 

Act. The report shall be submitted in unclassified form, but may 

include a classified annex. 

SEC. 1231. ASSESSMENT AND REPORT ON UNITED STATES-PAKISTAN 

MILITARY RELATIONS AND COOPERATION. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense, in consultation with the Secretary of State, shall conduct an assessment 

of possible alternatives to reimbursements to Pakistan for logistical, 

military, or other support provided by Pakistan to or in connection 

with United States military operations, which could encourage the 

Pakistani military to undertake counterterrorism and counterinsurgency operations and achieve the goals and objectives for longterm United States-Pakistan military relations and cooperation. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2531 

the appropriate congressional committees a report on the assessment required under subsection (a). 

(c) FORM.—The report required under subsection (b) shall be 

submitted in unclassified form, but may include a classified annex 

if necessary. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Foreign Affairs, and the Committee on Appropriations of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Foreign Relations, and the Committee on Appropriations of 

the Senate. 

SEC. 1232. REPORT ON PROGRESS TOWARD SECURITY AND STABILITY 

IN PAKISTAN. 

(a) REPORT REQUIRED.—The President shall submit to Congress 

a report on the progress toward long-term security and stability 

in Pakistan. The report required under this subsection shall be 

submitted concurrent with the submission of each report under 

section 1232 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 392), as amended by 

section 1217 of the Duncan Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4634), 

on or after the date of the enactment of this Act. 

(b) ELEMENTS.—The report required under subsection (a) shall 

address, at a minimum, the following elements: 

(1) The effectiveness of efforts to achieve the following 

strategic goals: 

(A) To disrupt, dismantle, and defeat al Qa’ida, its 

affiliated networks, and other extremist forces in Pakistan. 

(B) To eliminate the safe havens for such forces in 

Pakistan. 

(C) To prevent the return of such forces to Pakistan 

or Afghanistan. 

(2) The effectiveness of United States security assistance 

to Pakistan to achieve the strategic goals described in paragraph (1). 

(3) For any strategic goal addressed under this subsection, 

a description of any additional goals and objectives, and the 

timelines for meeting such goals and objectives. 

(4) A description of the metrics used to assess progress 

toward each goal and objective and along each timeline 

described in paragraph (3). 

(c) FORM.—The report required under subsection (a) shall be 

transmitted in unclassified form, but may contain a classified annex 

if necessary. 

SEC. 1233. REPEAL OF GAO WAR-RELATED REPORTING REQUIREMENT. 

Section 1221(c) of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3462) is amended 

by striking the following: ‘‘Based on these reports, the Comptroller 

General shall provide to Congress quarterly updates on the costs 

of Operation Iraqi Freedom and Operation Enduring Freedom.’’. 

10 USC 113 note. 

President. 


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123 STAT. 2532 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 1234. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND AFGHANISTAN. 

(a) AUTHORITY.—The Secretary of Defense, with the concurrence 

of the Secretary of State, is authorized to transfer defense articles 

from the stocks of the Department of Defense, without reimbursement from the Government of Iraq or the Government of Afghanistan, and to provide defense services in connection with the transfer 

of such defense articles, to— 

(1) the military and security forces of Iraq to support the 

efforts of those forces to restore and maintain peace and security in that country; and 

(2) the military and security forces of Afghanistan to support the efforts of those forces to restore and maintain peace 

and security in that country. 

(b) LIMITATIONS.— (1) VALUE.—The aggregate replacement value of all defense 

articles transferred and defense services provided under subsection (a) may not exceed $750,000,000. 

(2) SOURCE OF TRANSFERRED DEFENSE ARTICLES.—The 

authority under subsection (a) may only be used for defense 

articles that— 

(A)(i) were present in Iraq as of the date of the enactment of this Act; 

(ii) immediately before the transfer were in use to 

support operations in Iraq; and 

(iii) are no longer required by United States forces 

in Iraq; or 

(B)(i) were present in Kuwait as of the date of enactment of this Act; 

(ii) prior to being transferred to Kuwait were in use 

to support operations in Iraq; and 

(iii) are no longer required by United States forces 

in Iraq or Kuwait (as the case may be). 

(c) APPLICABLE LAW.—Any defense articles transferred or 

defense services provided to Iraq or Afghanistan under the authority 

of subsection (a) shall be subject to the authorities and limitations 

applicable to excess defense articles under section 516 of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2321j), other than the authorities 

and limitations contained in subsections (b)(1)(B), (e), (f), and (g) 

of such section. 

(d) REPORT.— 

(1) IN GENERAL.—The Secretary of Defense may not exercise 

the authority under subsection (a) until 30 days after the 

Secretary of Defense, with the concurrence of the Secretary 

of State, provides the appropriate congressional committees 

a report on the plan for the disposition of equipment and 

other property of the Department of Defense in Iraq or Kuwait 

(as the case may be). 

(2) ELEMENTS OF REPORT.—The report required under paragraph (1) shall include the following elements: 

(A) An assessment of— 

(i) the types and quantities of defense articles 

required by the military and security forces of Iraq 

to support the efforts of those military and security 

forces to restore and maintain peace and security in 

Iraq; and 

Time period. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2533 

(ii) the types and quantities of defense articles 

required by the military and security forces of Afghanistan to support the efforts of those military and security forces to restore and maintain peace and security 

in Afghanistan. 

(B) A description of the authorities available for 

addressing the requirements identified in subparagraph 

(A). 

(C) A description of the process for inventorying equipment and property, including defense articles, in Iraq or 

Kuwait owned by the Department of Defense, including 

equipment and property owned by the Department of 

Defense and under the control of contractors in Iraq. 

(D) A description of the types of defense articles that 

the Department of Defense intends to transfer to the military and security forces of Iraq and an estimate of the 

quantity of such defense articles to be transferred. 

(E) A description of the types of defense articles that 

the Department of Defense intends to transfer to the military and security forces of Afghanistan and an estimate 

of the quantity of such defense articles to be transferred. 

(F) A description of the process by which potential 

requirements, including requirements related to responding 

to natural disasters and other domestic emergencies in 

the continental United States, for defense articles to be 

transferred under the authority provided in subsection (a), 

other than the requirements of the security forces of Iraq 

or Afghanistan, are identified and the mechanism for 

resolving any potential conflicting requirements for such 

defense articles. 

(G) A description of the plan, if any, for reimbursing 

military departments from which non-excess defense articles are transferred under the authority provided in subsection (a). 

(H) An assessment of the efforts by the Government 

of Iraq to identify the requirements of the military and 

security forces of Iraq for defense articles to support the 

efforts of those forces to restore and maintain peace and 

security in that country. 

(I) An assessment of the ability of the Governments 

of Iraq and Afghanistan to absorb the costs associated 

with possessing and using the defense articles to be transferred. 

(J) A description of the steps taken by the Government 

of Iraq to procure or acquire defense articles to meet the 

requirements of the military and security forces of Iraq, 

including through military sales from the United States. 

(e) NOTIFICATION.— 

(1) IN GENERAL.—The Secretary of Defense may not 

transfer defense articles or provide defense services under subsection (a) until 15 days after the date on which the Secretary 

of Defense, with the concurrence of the Secretary of State, 

has provided notice of the proposed transfer of defense articles 

or provision of defense services to the appropriate congressional 

committees. 

(2) CONTENTS.—Such notification shall include— 

Time period. 


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123 STAT. 2534 PUBLIC LAW 111–84—OCT. 28, 2009 

(A) a description of the amount and type of each 

defense article to be transferred or defense services to 

be provided; 

(B) a statement describing the current value of such 

article and the estimated replacement value of such article; 

(C) a description of whether the article is considered 

to be an excess defense article or a non-excess defense 

article; 

(D) an identification of the military department from 

which the defense articles being transferred are drawn; 

(E) an identification of the element of the military 

or security force that is the proposed recipient of each 

defense article to be transferred or defense service to be 

provided; and 

(F) a certification and determination by the Secretary 

of Defense that— 

(i) the defense articles to be transferred are 

required by the military and security forces of Iraq 

or the military and security forces of Afghanistan, as 

applicable, to build their capacity to restore and maintain peace and security in their country; 

(ii) the government of the recipient country has 

agreed to accept and take possession of the defense 

articles to be transferred and to receive the defense 

services in connection with that transfer; and 

(iii) the proposed transfer of such defense articles 

and the provision of defense services in connection 

with such transfer is in the national interest of the 

United States. 

(f) QUARTERLY REPORT.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the report provided under subsection (d), and every 90 days 

thereafter during fiscal year 2010, the Secretary of Defense 

shall report to the appropriate congressional committees on 

the implementation of the authority under subsection (a). The 

report shall include the replacement value of defense articles 

transferred pursuant to subsection (a), both in the aggregate 

and by military department, and services provided to Iraq 

and Afghanistan during the previous 90 days. 

(2) INCLUSION IN OTHER REPORT.—The report required 

under paragraph (1) may be included in the report required 

under section 9204 of the Supplemental Appropriations Act, 

2008 (Public Law 110–252; 122 Stat. 2410) or any follow on 

report to such other report. 

(g) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Appropriations, the Committee 

on Armed Services, and the Committee on Foreign Affairs 

of the House of Representatives; and 

(B) the Committee on Appropriations, the Committee 

on Armed Services, and the Committee on Foreign Relations of the Senate. 

(2) DEFENSE ARTICLES.—The term ‘‘defense articles’’ has 

the meaning given the term in section 644(d) of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2403(d)). 

Certification. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2535 

(3) DEFENSE SERVICES.—The term ‘‘defense services’’ has 

the meaning given the term in section 644(f) of such Act (22 

U.S.C. 2403(f)). 

(4) MILITARY AND SECURITY FORCES.—The term ‘‘military 

and security forces’’ means national armies, national air forces, 

national navies, national guard forces, police forces and border 

security forces, but does not include non-governmental or irregular forces (such as private militias). 

(h) EXPIRATION.—The authority provided under subsection (a) 

may not be exercised after September 30, 2010. 

(i) EXCESS DEFENSE ARTICLES.— (1) ADDITIONAL AUTHORITY.—The authority provided by 

subsection (a) is in addition to the authority provided by section 

516 of the Foreign Assistance Act of 1961. 

(2) AGGREGATE VALUE.—The value of excess defense articles 

transferred to Iraq or Afghanistan during fiscal year 2010 

pursuant to section 516 of the Foreign Assistance Act of 1961 

shall not be counted against the limitation on the aggregate 

value of excess defense articles transferred contained in subsection (g) of such Act or against the limitation on the aggregate 

value of defense articles transferred contained in subsection 

(b)(1) of this section. 

(j) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as to provide the authority to refurbish, transport, or 

otherwise assist in the transfer to Iraq or Afghanistan of excess 

defense articles outside of Iraq or Kuwait as of the date of the 

enactment of this Act. 

SEC. 1235. ANALYSIS OF REQUIRED FORCE LEVELS AND TYPES OF 

FORCES NEEDED TO SECURE SOUTHERN AND EASTERN 

REGIONS OF AFGHANISTAN. 

(a) STUDY REQUIRED.—The Secretary of Defense may, in support of the Commander of United States Forces for Afghanistan 

(USFOR-A), enter into a contract with a Federally Funded Research 

Development Center (FFRDC) to provide an analysis of the required 

force levels and types of forces needed to implement the Commander’s strategic objectives in Afghanistan, including securing 

the southern and eastern regions of Afghanistan in order to provide 

a space for the Government of Afghanistan to establish effective 

government control and provide the Afghan security forces with 

the required training and mentoring. 

(b) FUNDING.—From funds made available for the Department 

of Defense by section 301(5) for operation and maintenance, 

Defense-wide activities, $3,000,000 may be used to carry out subsection (a). 

SEC. 1236. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN AFGHANISTAN. 

(a) REPORT REQUIRED.—Subsection (a) of section 1230 of the 

National Defense Authorization Act for Fiscal Year 2008 (Public 

Law 110–181; 122 Stat. 385) is amended by striking ‘‘2010’’ and 

inserting ‘‘2011’’. 

(b) MATTERS TO BE INCLUDED: STRATEGIC DIRECTION OF UNITED

STATES ACTIVITIES RELATING TO SECURITY AND STABILITY IN

AFGHANISTAN.—Subsection (c) of such section is amended— 

(1) in paragraph (1)— 

(A) by redesignating subparagraph (B) as subparagraph (C); and 


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123 STAT. 2536 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) by inserting after subparagraph (A) the following 

new subparagraph: 

‘‘(B) A description of commitments or agreements by 

NATO ISAF countries regarding the following: 

‘‘(i) Mutually agreed upon goals. 

‘‘(ii) Strategies to achieve such goals. 

‘‘(iii) Resource and force requirements. 

‘‘(iv) Commitments and pledges of support 

regarding troops and resource levels.’’; 

(2) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and 

(3) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) NON-NATO ISAF TROOP-CONTRIBUTING COUNTRIES.—A 

description of commitments or agreements with non-NATO 

ISAF troop-contributing countries regarding the following: 

‘‘(A) Mutually agreed upon goals. 

‘‘(B) Strategies to achieve such goals. 

‘‘(C) Resource and force requirements. 

‘‘(D) Commitments and pledges of support regarding 

troops and resource levels.’’. 

(c) MATTERS TO BE INCLUDED: PERFORMANCE INDICATORS AND

MEASURES OF PROGRESS TOWARD SUSTAINABLE LONG-TERM SECURITY AND STABILITY IN AFGHANISTAN.—Subsection (d)(2) of such 

section is amended— 

(1) in subparagraph (A), by striking ‘‘individual NATO ISAF 

countries’’ and inserting ‘‘each individual NATO ISAF country’’; 

(2) by redesignating subparagraphs (C) through (K) as subparagraphs (D) through (L), respectively; 

(3) by inserting after subparagraph (B) the following new 

subparagraph: 

‘‘(C) With respect to non-NATO ISAF troop-contributing countries, a listing of contributions from each individual country, including levels of troops and equipment, 

the effect of contributions on operations, and unfulfilled 

commitments.’’; 

(4) by redesignating subparagraphs (F) through (L) (as 

redesignated) as subparagraphs (G) through (M), respectively; 

(5) by inserting after subparagraph (E) (as redesignated) 

the following new subparagraph: 

‘‘(F) An assessment of progress in ending the ability 

of the insurgency (including the Taliban, Al Qaeda, and 

other anti-government elements), to establish control over 

the population of Afghanistan or regions of Afghanistan 

and establish safe havens in Afghanistan, and to conduct 

attacks inside or outside Afghanistan from such safe 

havens.’’; and 

(6) in subparagraph (J) (as redesignated)— 

(A) by redesignating clause (ii) as clause (iv); and 

(B) by inserting after clause (i) the following: 

‘‘(ii) The coordination of reconstruction and 

development activities in Afghanistan, including— 

‘‘(I) the roles of members of the Armed Forces 

and non-Armed Forces personnel within the 

staffing of United States-led Provincial Reconstruction Teams; 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2537 

‘‘(II) the use of members of the Armed Forces 

for reconstruction, development, and capacity 

building programs outside the jurisdiction of the 

Department of Defense; and 

‘‘(III) the coordination between United Statesled and other international-led programs to 

develop the capacity of national, provincial, and 

local government and other civil institutions as 

well as reconstruction and development activities 

in Afghanistan. 

‘‘(iii) Unfilled staffing and resource requirements 

for United States reconstruction, development, and 

civil institution capacity building programs.’’. 

(d) CONFORMING AMENDMENT.—Subsection (d)(2) of such section, as amended, is further amended in subparagraph (K) (as 

redesignated) by striking ‘‘subsection (c)(4)’’ and inserting ‘‘subsection (c)(5)’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to any report required to be submitted 

under section 1230 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 385) after 

December 31, 2009. 

SEC. 1237. NO PERMANENT MILITARY BASES IN AFGHANISTAN. 

None of the funds authorized to be appropriated by this Act 

may be obligated or expended by the United States Government 

to establish any military installation or base for the purpose of 

providing for the permanent stationing of United States Armed 

Forces in Afghanistan. 

Subtitle C—Other Matters 

SEC. 1241. REPORT ON UNITED STATES ENGAGEMENT WITH IRAN. 

(a) IN GENERAL.—Not later than January 31, 2010, the President shall submit to Congress a report on United States engagement 

with Iran. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) DIPLOMATIC ENGAGEMENT.—With respect to diplomatic 

engagement, the following: 

(A) A description of areas of mutual interest to the 

Government of the United States and the Government 

of the Islamic Republic of Iran in which cooperation and 

discussion could be of mutual interest. 

(B) A discussion and assessment of the commitment 

of the Government of the Islamic Republic of Iran to engage 

in good-faith discussions with the United States to resolve 

matters of concern through negotiation. 

(C) An assessment of direct contacts between the 

Government of the United States and the Government 

of the Islamic Republic of Iran, including any direct discussions, exchange of letters, or other activities. 

(2) SUPPORT FOR TERRORISM.—An assessment of the types 

and amount of support provided by Iran to groups designated 

by the United States as foreign terrorist organizations and 

President. 


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123 STAT. 2538 PUBLIC LAW 111–84—OCT. 28, 2009 

regional militant groups, including organizations and groups 

present in Iraq and Afghanistan. 

(3) NUCLEAR ACTIVITIES.—With respect to nuclear activities, 

an assessment of the extent to which the Government of the 

Islamic Republic of Iran has complied with United Nations 

Security Council Resolutions 1696 (2006), 1737 (2006), 1747 

(2007), 1803 (2008), and 1835 (2008), and with any other 

applicable resolutions adopted by the United Nations Security 

Council as of the date of the report. 

(4) MISSILE ACTIVITIES.—With respect to missile activities, 

an assessment of the extent to which the Government of the 

Islamic Republic of Iran has continued development of its ballistic missile program, including participation in any imports 

or exports of any items, materials, goods, and technologies 

related to that program and has complied with applicable 

United Nations Security Council Resolutions. 

(5) SUPPORT TO NARCOTICS NETWORK IN AFGHANISTAN.— 

With respect to support to the narcotics network in Afghanistan, 

an assessment of the extent to which the Government of the 

Islamic Republic of Iran, or agencies under that government, 

has or have supported or facilitated the narcotics trade in 

Afghanistan. 

(6) SANCTIONS AGAINST IRAN.—With regard to sanctions 

against Iran— 

(A) a list of all current United States bilateral and 

multilateral sanctions against Iran; 

(B) a description and discussion of United States diplomatic efforts to enforce bilateral and multilateral sanctions 

against Iran and to strengthen international efforts to 

enforce such sanctions; 

(C) an assessment of the impact and effectiveness of 

existing bilateral and multilateral sanctions against Iran 

in achieving United States goals; 

(D) a list of all United States and foreign registered 

entities that the Secretary of State has determined to be 

engaged in activities in violation of existing United States 

bilateral or multilateral sanctions against Iran; and 

(E) a summary of United States efforts to enforce sanctions against Iran, including— 

(i) a list of all investigations initiated in the 18- 

month period ending on the date of the enactment 

of this Act that have resulted in a determination that 

activities subject to sanctions have occurred; and 

(ii) a description of the actions taken by the United 

States Government pursuant to each such determination. 

(c) SUBMITTAL OF SIMILAR REPORTS AND MATERIALS.—If any 

report or other material, whether required by law or not, submitted 

to Congress or any committee of Congress substantially responds 

to any requirement contained in this section, such requirement 

shall be considered to have been satisfied by including in the 

report required by subsection (a) a listing the title and date of 

the other such report or material so submitted. 

(d) SUBMITTAL IN CLASSIFIED FORM.—The report required by 

subsection (a), or any part of such report, may be submitted in 

classified form if the President considers it appropriate. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2539 

SEC. 1242. ANNUAL COUNTERTERRORISM STATUS REPORTS. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Success 

in Countering Al Qaeda Reporting Requirements Act of 2009’’. 

(b) ANNUAL COUNTERTERRORISM STATUS REPORTS.— 

(1) IN GENERAL.—Not later than September 30, 2010, and 

every September 30 thereafter until September 30, 2012, the 

President shall submit to Congress a report that contains, 

for the most recent 12-month period, a review of the counterterrorism strategy of the United States Government, including— 

(A) a detailed assessment of the scope, status, and 

progress of United States counterterrorism efforts in 

fighting Al Qaeda and its related affiliates and undermining long-term support for violent extremism; 

(B) a judgment on the adequacy of interagency integration of the counterterrorism programs and activities of 

the Department of Defense, the Central Intelligence 

Agency, the Department of State, the Department of the 

Treasury, the Department of Homeland Security, the 

Department of Justice, and other Federal departments and 

agencies and the balance of resource commitments among 

such departments and agencies; 

(C) a delineation of the boundaries and integration 

between— 

(i) the strategic operational planning role of the 

National Counterterrorism Center (NCTC) for counterterrorism; 

(ii) the operational planning role of the Department of Defense and, if applicable, the Central Intelligence Agency, for counterinsurgency and foreign 

internal defense; 

(iii) the operational planning role of the Department of State and other Federal departments and agencies for diplomacy and foreign assistance to promote 

stability, human rights, prosperity, and other general 

United States foreign policy goals; and 

(iv) the role of the President’s National Security 

Council staff to coordinate the national security interagency process; 

(D) a determination of whether the NCTC exercises 

the authority and has the resources and expertise required 

to fulfill the interagency strategic and operational planning 

role described in section 119(j) of the National Security 

Act of 1947 (50 U.S.C. 404o), as added by section 1012 

of the National Security Intelligence Reform Act of 2004 

(title I of Public Law 108–458); 

(E) a description of the efforts of the United States 

Government to combat Al Qaeda and its related affiliates 

and undermine violent extremist ideology, which shall 

include— 

(i) a specific list of the President’s highest global 

counterterrorism priorities; 

(ii) a description of the most challenging areas 

for progress, in meeting the priorities described in 

clause (i); and 

(iii) efforts in those countries in which the President determines that— 

Determination. 

Assessment. 

President. 

Success in 

Countering Al 

Qaeda Reporting 

Requirements 

Act of 2009. 


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123 STAT. 2540 PUBLIC LAW 111–84—OCT. 28, 2009 

(I) Al Qaeda and its related affiliates have 

a presence; or 

(II) acts of international terrorism have been 

perpetrated by Al Qaeda and its related affiliates; 

(F) a specific list of United States counterterrorism 

efforts, and the specific status and achievements of such 

efforts, through integrated military, financial, political, 

intelligence, paramilitary, economic, and law enforcement 

elements, relating to— 

(i) bilateral security and training programs; 

(ii) law enforcement and border security; 

(iii) the disruption of terrorist networks; and 

(iv) the denial of terrorist safe havens and sanctuaries; 

(G) a description of United States Government activities to counter terrorist recruitment and radicalization, 

including coordinated interagency— 

(i) strategic communications; 

(ii) public diplomacy; 

(iii) support for economic development and political 

reform; and 

(iv) other efforts aimed at influencing public 

opinion; 

(H) United States Government initiatives to eliminate 

direct and indirect international financial support for the 

activities of terrorist groups; 

(I) activities by foreign governments to combat Al 

Qaeda and its related affiliates and undermine violent 

extremism, and the extent of their cooperation with the 

United States Government; 

(J) an analysis of the extent to which specific Federal 

appropriations— 

(i) have been mapped to agency tasks as directed 

in the NCTC’s National Implementation Plan; 

(ii) have produced tangible, calculable results in 

efforts to combat and defeat Al Qaeda, its related affiliates, and its violent ideology; or 

(iii) contribute to investments that have expected 

payoffs in the medium- to long-term; 

(K) statistical assessments, including those developed 

by the National Counterterrorism Center, on the number 

of individuals belonging to Al Qaeda and its related affiliates that have been killed, injured, or taken into custody 

as a result of United States and foreign government 

counterterrorism efforts as compared to estimates of the 

total number of personnel belonging to Al Qaeda and its 

related affiliates; and 

(L) a concise summary of the methods used by all 

elements of the United States Government to assess and 

evaluate progress in the Nation’s overall counterterrorism 

efforts, including the use of specific measures, metrics, 

and indices. 

(2) INTERAGENCY COOPERATION.—In preparing a report 

under this subsection, the President shall include relevant 

information maintained by— 

(A) the National Counterterrorism Center and the 

National Counterproliferation Center; 

President. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2541 

(B) the Department of Justice, including the Federal 

Bureau of Investigation; 

(C) the Department of State; 

(D) the Department of Defense; 

(E) the Department of Homeland Security; 

(F) the Department of the Treasury; 

(G) the Office of the Director of National Intelligence, 

including the Central Intelligence Agency; 

(H) the Office of Management and Budget; 

(I) the United States Agency for International Development; and 

(J) any other Federal department that maintains relevant information. 

(3) REPORT CLASSIFICATION.—Each report required under 

this subsection shall be submitted in an unclassified form, 

to the maximum extent practicable, and accompanied by a 

classified appendix, as appropriate. 

SEC. 1243. REPORT ON UNITED STATES CONTRIBUTIONS TO THE 

UNITED NATIONS. 

Section 1225 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2424) 

is amended— 

(1) in subsection (a), by striking ‘‘until December 31, 2010, 

the President shall submit’’ and inserting ‘‘until September 

30, 2011, the Director of the Office of Management and Budget 

shall submit’’; and 

(2) by adding at the end the following: 

‘‘(c) PUBLIC AVAILABILITY OF INFORMATION.—The Director of 

the Office of Management and Budget shall post a public version 

of each report submitted under subsection (a) on a text-based 

searchable and publicly available Internet Web site.’’. 

SEC. 1244. NATO SPECIAL OPERATIONS COORDINATION CENTER. 

(a) AUTHORIZATION.—Of the amounts authorized to be appropriated for fiscal year 2010 pursuant to section 301(1) for operation 

and maintenance for the Army, to be derived from amounts made 

available for support of North Atlantic Treaty Organization (hereinafter in this section referred to as ‘‘NATO’’) operations, the Secretary 

of Defense is authorized to use up to $30,000,000 for the purposes 

set forth in subsection (b). 

(b) PURPOSES.—The Secretary shall provide funds for the NATO 

Special Operations Coordination Center (hereinafter in this section 

referred to as the ‘‘NSCC’’) to— 

(1) improve coordination and cooperation between the special operations forces of NATO nations; 

(2) facilitate joint operations by the special operations forces 

of NATO nations; 

(3) support special operations forces peculiar command, 

control, and communications capabilities; 

(4) promote special operations forces intelligence and 

informational requirements within the NATO structure; and 

(5) promote interoperability through the development of 

common equipment standards, tactics, techniques, and procedures, and through execution of a multinational education and 

training program. 

(c) CERTIFICATION.—Not less than 180 days after the date of 

enactment of this Act, the Secretary shall certify to the Committees 

Deadline. 

Web posting. 


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123 STAT. 2542 PUBLIC LAW 111–84—OCT. 28, 2009 

on Armed Services of the Senate and House of Representatives 

that the Secretary of Defense has assigned executive agent responsibility for the NSCC to an appropriate organization within the 

Department of Defense, and detail the steps being undertaken 

by the Department of Defense to strengthen the role of the NSCC 

in fostering special operations capabilities within NATO. 

SEC. 1245. ANNUAL REPORT ON MILITARY POWER OF IRAN. 

(a) ANNUAL REPORT.—Not later than January 30 of each year, 

the Secretary of Defense shall submit to Congress a report, in 

both classified and unclassified form, on the current and future 

military strategy of Iran. 

(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include a description of the security posture of 

Iran, including at least the following: 

(1) A description and assessment of Iranian grand strategy, 

security strategy, and military strategy, including— 

(A) the goals of Iran’s grand strategy, security strategy, 

and military strategy. 

(B) trends in Iran’s strategy that would be designed 

to establish Iran as the leading power in the Middle East 

and to enhance the influence of Iran in other regions of 

the world; and 

(C) Iranian strategy regarding other countries in the 

region, including other specified countries. 

(2) An assessment of the capabilities of Iran’s conventional 

forces, including— 

(A) the size and capabilities of Iran’s conventional 

forces; 

(B) an analysis of the effectiveness of Iran’s conventional forces when facing United States forces in the region 

and other specified countries; 

(C) a description of Iranian military doctrine; and 

(D) an estimate of the funding provided for each branch 

of Iran’s conventional forces. 

(3) An assessment of Iran’s unconventional forces and 

related activities, including— 

(A) the size and capability of Iranian special operations 

units, including the Iranian Revolutionary Guard Corps– 

Quds Force; 

(B) the types and amount of support, including funding, 

lethal and non-lethal supplies, and training, provided to 

groups designated by the United States as foreign terrorist 

organizations and regional militant groups, including 

Hezbollah, Hamas, and the Special Groups in Iraq, in 

particular those forces as having been assessed as to be 

willing to carry out terrorist operations on behalf of Iran 

or in response to a military attack by another country 

on Iran; 

(C) an analysis of the effectiveness of Iran’s unconventional forces when facing United States forces in the region 

and other specified countries in the region; and 

(D) an estimate of the amount of funds spent by Iran 

to develop and support special operations forces and terrorist groups. 

(4) An assessment of Iranian capabilities related to nuclear 

and missile forces, including— 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2543 

(A) a summary of nuclear weapons capabilities and 

developments in the preceding year; 

(B) a summary of the capabilities of Iran’s ballistic 

missile forces, including developments in the preceding 

year, the size of Iran’s ballistic missile forces and Iran’s 

cruise missile forces, and the locations of missile launch 

sites; 

(C) a detailed analysis of the effectiveness of Iran’s 

ballistic missile forces and Iran’s cruise missile forces when 

facing United States forces in the region and other specified 

countries; and 

(D) an estimate of the amount of funding expended 

by Iran since 2004 on programs to develop a capability 

to build nuclear weapons or to enhance Iran’s ballistic 

missile forces. 

(c) DEFINITIONS.—In this section: 

(1) IRAN’S CONVENTIONAL FORCES.—The term ‘‘Iran’s 

conventional forces’’— 

(A) means military forces of the Islamic Republic of 

Iran designed to conduct operations on sea, air, or land, 

other than Iran’s unconventional forces and Iran’s ballistic 

missile forces and Iran’s cruise missile forces; and 

(B) includes Iran’s Army, Iran’s Air Force, Iran’s Navy, 

and elements of the Iranian Revolutionary Guard Corps, 

other than the Iranian Revolutionary Guard Corps–Quds 

Force. 

(2) IRAN’S UNCONVENTIONAL FORCES.—The term ‘‘Iran’s 

unconventional forces’’— 

(A) means forces of the Islamic Republic of Iran that 

carry out missions typically associated with special operations forces; and 

(B) includes— 

(i) the Iranian Revolutionary Guard Corps–Quds 

Force; and 

(ii) any organization that— 

(I) has been designated a terrorist organization 

by the United States; 

(II) receives assistance from Iran; and 

(III)(aa) is assessed as being willing in some 

or all cases of carrying out attacks on behalf of 

Iran; or 

(bb) is assessed as likely to carry out attacks 

in response to a military attack by another country 

on Iran. 

(3) IRAN’S BALLISTIC MISSILE FORCES.—The term ‘‘Iran’s 

ballistic missile forces’’ means those elements of the military 

forces of Iran that employ ballistic missiles. 

(4) IRAN’S CRUISE MISSILE FORCES.—The term ‘‘Iran’s cruise 

missile forces’’ means those elements of the military forces 

of Iran that employ cruise missiles capable of flights less than 

500 kilometers. 

(5) SPECIFIED COUNTRIES.—The term ‘‘specified countries’’ 

means the countries in the same geographic region as Iran, 

including Israel, Lebanon, Syria, Jordan, Iraq, Afghanistan, 

Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab Emirates, Armenia, and Azerbaijan. 


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123 STAT. 2544 PUBLIC LAW 111–84—OCT. 28, 2009 

(d) TERMINATION.—The requirement to submit the report 

required under subsection (a) shall terminate on December 31, 

2014. 

SEC. 1246. ANNUAL REPORT ON MILITARY AND SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S REPUBLIC OF CHINA. 

(a) ANNUAL REPORT.—Subsection (a) of section 1202 of the 

National Defense Authorization Act for Fiscal Year 2000 (Public 

Law 106–65; 113 Stat. 781; 10 U.S.C. 113 note) is amended— 

(1) in the first sentence, by striking ‘‘on the current and 

future military strategy of the People’s Republic of China’’ 

and inserting ‘‘on military and security developments involving 

the People’s Republic of China’’; 

(2) in the second sentence— 

(A) by striking ‘‘on the People’s Liberation Army’’ and 

inserting ‘‘of the People’s Liberation Army’’; and 

(B) by striking ‘‘Chinese grand strategy, security 

strategy,’’ and inserting ‘‘Chinese security strategy’’; and 

(3) by adding at the end the following new sentence: ‘‘The 

report shall also address United States-China engagement and 

cooperation on security matters during the period covered by 

the report, including through United States-China militaryto-military contacts, and the United States strategy for such 

engagement and cooperation in the future.’’. 

(b) MATTERS TO BE INCLUDED.—Subsection (b) of such section, 

as amended by section 1263 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 407), 

is further amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘goals of’’ inserting ‘‘goals and factors 

shaping’’; and 

(B) by striking ‘‘Chinese grand strategy, security 

strategy,’’ and inserting ‘‘Chinese security strategy’’; 

(2) by amending paragraph (2) to read as follows: 

‘‘(2) Trends in Chinese security and military behavior that 

would be designed to achieve, or that are inconsistent with, 

the goals described in paragraph (1).’’; 

(3) in paragraph (6)— 

(A) by inserting ‘‘and training’’ after ‘‘military doctrine’’; 

and 

(B) by striking ‘‘, focusing on (but not limited to) efforts 

to exploit a transformation in military affairs or to conduct 

preemptive strikes’’; and 

(4) by adding at the end the following new paragraphs: 

‘‘(10) In consultation with the Secretary of Energy and 

the Secretary of State, developments regarding United StatesChina engagement and cooperation on security matters. 

‘‘(11) The current state of United States military-to-military 

contacts with the People’s Liberation Army, which shall include 

the following: 

‘‘(A) A comprehensive and coordinated strategy for such 

military-to-military contacts and updates to the strategy. 

‘‘(B) A summary of all such military-to-military contacts during the period covered by the report, including 

a summary of topics discussed and questions asked by 

the Chinese participants in those contacts. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2545 

‘‘(C) A description of such military-to-military contacts 

scheduled for the 12-month period following the period 

covered by the report and the plan for future contacts. 

‘‘(D) The Secretary’s assessment of the benefits the 

Chinese expect to gain from such military-to-military contacts. 

‘‘(E) The Secretary’s assessment of the benefits the 

Department of Defense expects to gain from such militaryto-military contacts, and any concerns regarding such contacts. 

‘‘(F) The Secretary’s assessment of how such militaryto-military contacts fit into the larger security relationship 

between the United States and the People’s Republic of 

China. 

‘‘(12) Other military and security developments involving 

the People’s Republic of China that the Secretary of Defense 

considers relevant to United States national security.’’. 

(c) CONFORMING AMENDMENT.—Such section is further amended 

in the heading by striking ‘‘MILITARY POWER OF’’ and inserting 

‘‘MILITARY AND SECURITY DEVELOPMENTS INVOLVING’’. 

(d) REPEALS.—Section 1201 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 779; 

10 U.S.C. 168 note) is amended by striking subsections (e) and 

(f). 

(e) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, 

and shall apply with respect to reports required to be submitted 

under subsection (a) of section 1202 of the National Defense 

Authorization Act for Fiscal Year 2000, as so amended, on 

or after that date. 

(2) STRATEGY AND UPDATES FOR MILITARY-TO-MILITARY CONTACTS WITH PEOPLE’S LIBERATION ARMY.—The requirement to 

include the strategy described in paragraph (11)(A) of section 

1202(b) of the National Defense Authorization Act for Fiscal 

Year 2000, as so amended, in the report required to be submitted under section 1202(a) of such Act, as so amended, shall 

apply with respect to the first report required to be submitted 

under section 1202(a) of such Act on or after the date of 

the enactment of this Act. The requirement to include updates 

to such strategy shall apply with respect to each subsequent 

report required to be submitted under section 1202(a) of such 

Act on or after the date of the enactment of this Act. 

SEC. 1247. REPORT ON IMPACTS OF DRAWDOWN AUTHORITIES ON 

THE DEPARTMENT OF DEFENSE. 

(a) REPORT REQUIRED.—The Secretary of Defense shall submit 

to the congressional defense committees and the Committee on 

Foreign Affairs of the House of Representatives and the Committee 

on Foreign Relations of the Senate an annual report, in unclassified 

form but with a classified annex if necessary, on the impacts of 

drawdown authorities on the Department of Defense. The report 

required under this subsection shall be submitted concurrent with 

the budget submitted to Congress by the President pursuant to 

section 1105(a) of title 31, United States Code. 

(b) ELEMENTS OF REPORT.—The report required under subsection (a) shall contain the following elements: 

Applicability. 

10 USC 113 note. 


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123 STAT. 2546 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) A list of each drawdown for which a presidential determination was issued in the preceding year. 

(2) A summary of the types and quantities of equipment 

that was provided under each drawdown in the preceding year. 

(3) The cost to the Department of Defense to replace any 

equipment transferred as part of each drawdown, not including 

any depreciation, in the preceding year. 

(4) The cost to the Department of Defense of any other 

item, including fuel or services, transferred as part of each 

drawdown in the preceding year. 

(5) The total amount of funds transferred under each drawdown in the preceding year. 

(6) An assessment by the Secretary of Defense and the 

Chairman of the Joint Chiefs of Staff of the impact of transfers 

carried out as part of drawdowns in the previous year on— 

(A) the ability of the Armed Forces to meet the requirements of ongoing overseas contingency operations; 

(B) the level of risk associated with the ability of 

the Armed Forces to execute the missions called for under 

the National Military Strategy as described in section 

153(b) of title 10, United States Code; 

(C) the ability of the Armed Forces to reset from current contingency operations; 

(D) the ability of both the active and Reserve forces 

to conduct necessary training; and 

(E) the ability of the Reserve forces to respond to 

domestic emergencies. 

(c) DEFINITIONS.—In this section: 

(1) DRAWDOWN.—The term ‘‘drawdown’’ means any transfer 

or package of transfers of equipment, services, fuel, funds or 

any other items carried out pursuant to a presidential determination issued under a drawdown authority. 

(2) DRAWDOWN AUTHORITY.—The term ‘‘drawdown 

authority’’— 

(A) means an authority under— 

(i) section 506(a) (1) or (2) of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2318(a) (1) or (2)); 

(ii) section 552(c)(2) of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2348a(c)(2)); or 

(iii) any other substantially similar provision of 

law; but 

(B) does not include the authority provided under section 1234 (relating to authority to transfer defense articles 

and provide defense services to the military and security 

forces of Iraq and Afghanistan). 

(d) TERMINATION.—The requirement to submit the report 

required under subsection (a) shall terminate on December 31, 

2013. 

SEC. 1248. RISK ASSESSMENT OF UNITED STATES SPACE EXPORT CONTROL POLICY. 

(a) ASSESSMENT REQUIRED.—The Secretary of Defense and the 

Secretary of State shall carry out an assessment of the national 

security risks of removing satellites and related components from 

the United States Munitions List. 

(b) MATTERS TO BE INCLUDED.—The assessment required under 

subsection (a) shall included the following matters: 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2547 

(1) A review of the space and space-related technologies 

currently on the United States Munitions List, to include satellite systems, dedicated subsystems, and components. 

(2) An assessment of the national security risks of removing 

certain space and space-related technologies identified under 

paragraph (1) from the United States Munitions List. 

(3) An examination of the degree to which other nations’ 

export control policies control or limit the export of space and 

space-related technologies for national security reasons. 

(4) Recommendations for— 

(A) the space and space-related technologies that 

should remain on, or may be candidates for removal from, 

the United States Munitions List based on the national 

security risk assessment required paragraph (2); 

(B) the safeguards and verifications necessary to— 

(i) prevent the proliferation and diversion of such 

space and space-related technologies; 

(ii) confirm appropriate end use and end users; 

and 

(iii) minimize the risk that such space and spacerelated technologies could be used in foreign missile, 

space, or other applications that may pose a threat 

to the security of the United States; and 

(C) improvements to the space export control policy 

and processes of the United States that do not adversely 

affect national security. 

(c) CONSULTATION.—In conducting the assessment required 

under subsection (a), the Secretary of Defense and the Secretary 

of State may consult with the heads of other relevant departments 

and agencies of the United States Government as the Secretaries 

determine is necessary. 

(d) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense and the Secretary 

of State shall submit to the congressional defense committees and 

the Committee on Foreign Affairs of the House of Representatives 

and the Committee on Foreign Relations of the Senate a report 

on the assessment required under subsection (a). The report shall 

be in unclassified form but may include a classified annex. 

(e) DEFINITION.—In this section, the term ‘‘United States Munitions List’’ means the list referred to in section 38(a)(1) of the 

Arms Export Control Act (22 U.S.C. 2778(a)(1)). 

SEC. 1249. PATRIOT AIR AND MISSILE DEFENSE BATTERY IN POLAND. 

(a) FINDINGS.—Congress makes the following findings: 

(1) On August 20, 2008, representatives of the governments 

of the United States and Poland signed the ‘‘Declaration on 

Strategic Cooperation between the United States of America 

and the Republic of Poland’’. 

(2) The Declaration on Strategic Cooperation states, among 

other things, that the ‘‘United States and Poland intend to 

expand air and missile defense cooperation. In this regard, 

we have agreed on an important new area of such cooperation 

involving the deployment of a U.S. Army Patriot air and missile 

defense battery in Poland. We intend to begin this cooperation 

next year and to expand it with the aim of establishing by 

2012 a garrison to support the U.S. Army Patriot battery. 

The Government of Poland intends to provide an appropriate 


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123 STAT. 2548 PUBLIC LAW 111–84—OCT. 28, 2009 

site, infrastructure, and facilities for this garrison acceptable 

to both parties. Our cooperation in this area will include joint 

training opportunities that will enhance Polish air defense 

capabilities. In the coming months, we intend to reach agreement on the specific arrangements that will enable this cooperation to begin. These steps reflect the commitment of the United 

States to an expanded defense relationship with Poland.’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States and Poland should seek to implement the terms 

of the Declaration on Strategic Cooperation, including cooperation 

on the deployment of a United States Army Patriot air and missile 

defense battery in Poland. 

(c) REPORT.—Not later than 180 days after the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report describing the status of cooperation 

on the deployment of a United States Army Patriot air and missile 

defense battery in Poland. The report shall be in unclassified form, 

but may include a classified annex. 

SEC. 1250. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE 

F–22A FIGHTER AIRCRAFT. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall, in 

coordination with the Secretary of State and in consultation with 

the Secretary of the Air Force, submit to the congressional defense 

committees, the Committee on Foreign Relations of the Senate, 

and the Committee on Foreign Affairs of the House of Representatives a report on potential foreign military sales of the F–22A 

fighter aircraft. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) An estimate of the costs to the United States Government, industry, and any foreign military sales customer of 

developing an exportable version of the F–22A fighter aircraft. 

(2) An assessment whether an exportable version of the 

F–22A fighter aircraft is technically feasible and executable, 

and, if so, a timeline for achieving an exportable version of 

the aircraft. 

(3) An assessment of the potential strategic implications 

of permitting foreign military sales of the F-22A fighter aircraft. 

(4) An identification of any modifications to current law 

that are required to authorize foreign military sales of the 

F–22A fighter aircraft. 

(c) ADDITIONAL REPORT REQUIRED.—The Secretary of Defense 

shall enter into an agreement with a federally funded research 

and development center to submit, not later than 180 days after 

the date of the enactment of this Act, to the committees identified 

in subsection (a), through the Secretary of Defense, a report on 

the impact of foreign military sales of the F-22A fighter aircraft 

on the United States aerospace and aviation industry, and the 

advantages and disadvantages of such sales for sustaining that 

industry. 

Contracts. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2549 

SEC. 1251. REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY 

PLATFORMS AND SENSE OF CONGRESS ON FOLLOW-ON 

NEGOTIATIONS TO START TREATY. 

(a) REPORT ON THE PLAN FOR THE NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COMPLEX, AND DELIVERY PLATFORMS.— 

(1) REPORT REQUIRED.—Not later than 30 days after the 

date of the enactment of this Act or at the time a followon treaty to the Strategic Arms Reduction Treaty (START 

Treaty) is submitted by the President to the Senate for its 

advice and consent, whichever is later, the President shall 

submit to the congressional defense committees, the Committee 

on Foreign Relations of the Senate, and the Committee on 

Foreign Affairs of the House of Representatives a report on 

the plan to— 

(A) enhance the safety, security, and reliability of the 

nuclear weapons stockpile of the United States; 

(B) modernize the nuclear weapons complex; and 

(C) maintain the delivery platforms for nuclear 

weapons. 

(2) ELEMENTS.—The report required under paragraph (1) 

shall include the following: 

(A) A description of the plan to enhance the safety, 

security, and reliability of the nuclear weapons stockpile 

of the United States. 

(B) A description of the plan to modernize the nuclear 

weapons complex, including improving the safety of facilities, modernizing the infrastructure, and maintaining the 

key capabilities and competencies of the nuclear weapons 

workforce, including designers and technicians. 

(C) A description of the plan to maintain delivery platforms for nuclear weapons. 

(D) An estimate of budget requirements, including the 

costs associated with the plans outlined under subparagraphs (A) through (C), over a 10-year period. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the President should maintain the stated position of 

the United States that the follow-on treaty to the START 

Treaty not include any limitations on the ballistic missile 

defense systems, space capabilities, or advanced conventional 

weapons systems of the United States; 

(2) the enhanced safety, security, and reliability of the 

nuclear weapons stockpile, modernization of the nuclear 

weapons complex, and maintenance of the nuclear delivery 

systems are key to enabling further reductions in the nuclear 

forces of the United States; and 

(3) the President should submit budget requests for fiscal 

year 2011 and subsequent fiscal years for the programs of 

the National Nuclear Security Administration of the Department of Energy that are adequate to sustain the needed 

capabilities to support the long-term maintenance of the nuclear 

stockpile of the United States. 

President. 


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123 STAT. 2550 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 1252. MAP OF MINERAL-RICH ZONES AND AREAS UNDER THE 

CONTROL OF ARMED GROUPS IN THE DEMOCRATIC 

REPUBLIC OF THE CONGO. 

(a) IN GENERAL.—Not later than 120 days after the date of 

the enactment of this Act, the Secretary of State, in consultation 

with the Secretary of Defense, should, consistent with the recommendation from the United Nations Group of Experts on the 

Democratic Republic of the Congo in their December 2008 report, 

work with other member states of the United Nations and local 

and international nongovernmental organizations— 

(1) to produce a map of mineral-rich zones and areas under 

the control of armed groups in the Democratic Republic of 

the Congo; 

(2) to make such map available to the public; and 

(3) to provide to the appropriate congressional committees, 

in classified form if necessary, an explanatory note describing 

in general terms the sources of information on which the map 

is based, the definition of the term ‘‘control of armed groups’’ 

utilized (for example, physical control of mines or forced labor 

of civilians, control of trade routes, and taxation or extortion 

of goods in transit), and the identification where possible of 

the armed groups or other forces in control of the mines 

depicted. 

(b) UPDATES.—The Secretary of State should continue cooperation with the international community and sustain the intent of 

the report of the United Nations Group of Experts on the Democratic 

Republic of the Congo by assisting in the regular updating of 

the map required by subsection (a). 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services and the Committee 

on Foreign Affairs of the House of Representatives; and 

(2) the Committee on Armed Services and the Committee 

on Foreign Relations of the Senate. 

SEC. 1253. SENSE OF CONGRESS RELATING TO ISRAEL. 

It is the sense of Congress that— 

(1) Israel is one of the strongest allies of the United States; 

(2) the United States remains vigorously committed to supporting Israel’s welfare, security, and survival as a democratic 

state; 

(3) Israel and the United States face common enemies; 

and 

(4) the United States should continue to provide critical 

security assistance needed to address existential threats. 

SEC. 1254. SENSE OF CONGRESS ON IMPOSING SANCTIONS WITH 

RESPECT TO IRAN. 

It is the sense of Congress that— 

(1) the Government of Iran should— 

(A) seize the historic offer put forward by President 

Barack Obama to engage in direct diplomacy with the 

United States; 

(B) suspend all enrichment-related and reprocessing 

activities, as directed by the United Nations Security 

Council; and 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2551 

(C) come into full compliance with Treaty on NonProliferation of Nuclear Weapons, done at Washington, 

London, and Moscow July 1, 1968, and entered into force 

March 5, 1970 (commonly known as the ‘‘Nuclear NonProliferation Treaty’’), including the additional protocol to 

the Treaty; and 

(2) the President should consider the imposition of additional, more restrictive sanctions on Iran if— 

(A) the Government of Iran fails to enter into good 

faith talks which result in progress toward compliance 

with applicable United Nations Security Council resolutions; and 

(B) the United Nations Security Council has failed 

to adopt significant and meaningful additional sanctions 

on the Government of Iran. 

SEC. 1255. REPORT AND SENSE OF CONGRESS ON NORTH KOREA. 

(a) REPORT ON CONDUCT OF NORTH KOREA.—Not later than 

30 days after the date of the enactment of this Act, the President 

shall submit to Congress a detailed report examining the conduct 

of the Government of North Korea since June 26, 2008, based 

on all available information, to determine whether North Korea 

meets the statutory criteria for listing as a state sponsor of terrorism. The report shall— 

(1) present any credible evidence of support by the Government of North Korea for acts of terrorism, terrorists, or terrorist 

organizations; 

(2) examine what steps the Government of North Korea 

has taken to fulfill its June 10, 2008, pledge to prevent weapons 

of mass destruction from falling into the hands of terrorists; 

and 

(3) if North Korea does not meet the statutory criteria 

for being listed as a state sponsor of terrorism, examine whether 

re-listing North Korea as a state sponsor of terrorism would 

undermine the effectiveness of the state sponsor of terrorism 

designation in general and undermine United States efforts 

regarding existing state sponsors of terrorism. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States should— 

(A) vigorously enforce United Nations Security Council 

Resolutions 1718 (2006) and 1874 (2009) and other sanctions in place with respect to North Korea under United 

States law; 

(B) urge all member states of the United Nations to 

fully implement the sanctions imposed by United Nations 

Security Council Resolutions 1718 and 1874; and 

(C) explore the imposition of additional unilateral and 

multilateral sanctions against North Korea in furtherance 

of United States national security; 

(2) the conduct of North Korea constitutes a threat to 

the northeast Asian region and to international peace and 

security; and 

(3) if the United States determines that the Government 

of North Korea has provided assistance to terrorists or engaged 

in state sponsored acts of terrorism, the Secretary of State 

should immediately list North Korea as a state sponsor of 

terrorism. 

President. 


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123 STAT. 2552 PUBLIC LAW 111–84—OCT. 28, 2009 

(c) STATE SPONSOR OF TERRORISM DEFINED.—For purposes of 

this section, the term ‘‘state sponsor of terrorism’’ means a country 

that has repeatedly provided support for acts of international terrorism for purposes of— 

(1) section 6(j) of the Export Administration Act of 1979 

(50 U.S.C. App. 2405(j)) (as continued in effect pursuant to 

the International Emergency Economic Powers Act (50 U.S.C. 

1701 et seq.)); 

(2) section 40 of the Arms Export Control Act (22 U.S.C. 

2780); or 

(3) section 620A of the Foreign Assistance Act of 1961 

(22 U.S.C. 2371). 

SEC. 1256. REPORT ON POTENTIAL MISSILE DEFENSE COOPERATION 

WITH RUSSIA. 

(a) REPORT REQUIRED.— 

(1) IN GENERAL.—Not later than 120 days after the date 

of the enactment of this Act, the Secretary of Defense, in 

consultation with the Secretary of State, shall submit to the 

congressional defense committees a report setting forth potential options for cooperation among or between the United States, 

the North Atlantic Treaty Organization, and the Russian Federation on ballistic missile defense. 

(2) FORM.—The report shall be submitted in unclassified 

form, but may include a classified annex. 

(b) ELEMENTS.—The report required by subsection (a) shall 

include the following: 

(1) A description of proposals made by the United States, 

the North Atlantic Treaty Organization, or the Russian Federation since January 1, 2007, for potential missile defense 

cooperation among or between such countries and that 

organization, including data sharing, cooperative regional missile defense architectures, joint exercises, and transparency 

and confidence building measures. 

(2) A description of options for the sharing by such countries and that organization of ballistic missile surveillance or 

early warning data, including data from the Russian early 

warning radars at Gabala in Azerbaijan and Armavir in 

southern Russia or other radars. 

(3) An assessment of the potential for implementation of 

the agreement between the United States and the Russian 

Federation on the establishment of a Joint Data Exchange 

Center. 

(4) An assessment of whether there is mutual interest 

in modifying the agreement on the establishment of the Joint 

Data Exchange Center to encompass other forms of cooperation. 

(5) An assessment of the potential for missile defense 

cooperation between the Russian Federation and the North 

Atlantic Treaty Organization, including through the NATORussia Council. 

(6) An assessment of the potential security benefits to 

the United States, Russia, and the North Atlantic Treaty 

Organization of the cooperation described in paragraph (5). 

(7) Such other matters as the Secretary considers appropriate. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2553 

Subtitle D—VOICE Act 

SEC. 1261. SHORT TITLE. 

This subtitle may be cited as the ‘‘Victims of Iranian Censorship 

Act’’or the ‘‘VOICE Act’’. 

SEC. 1262. AUTHORIZATION OF APPROPRIATIONS. 

(a) INTERNATIONAL BROADCASTING OPERATIONS FUND.—In addition to amounts otherwise authorized for the Broadcasting Board 

of Governors’ International Broadcasting Operations Fund, there 

is authorized to be appropriated $15,000,000 to expand Farsi language programming and to provide for the dissemination of accurate 

and independent information to the Iranian people through radio, 

television, Internet, cellular telephone, short message service, and 

other communications. 

(b) BROADCASTING CAPITAL IMPROVEMENTS FUND.—In addition 

to amounts otherwise authorized for the Broadcasting Board of 

Governors’ Broadcasting Capital Improvements Fund, there is 

authorized to be appropriated $15,000,000 to expand transmissions 

of Farsi language programs to Iran. 

(c) USE OF AMOUNTS.—In pursuit of the objectives described 

in subsections (a) and (b), amounts in the International Broadcasting Operations Fund and the Capital Improvements Fund may 

be used to— 

(1) develop additional transmission capability for Radio 

Farda and the Persian News Network to counter ongoing efforts 

to jam transmissions, including through additional shortwave 

and medium wave transmissions, satellite, and Internet mechanisms; 

(2) develop additional proxy server capability and anticensorship software to counter efforts to block Radio Farda 

and Persian News Network Web sites; 

(3) develop technologies to counter efforts to block SMS 

text message exchange over cellular phone networks; 

(4) expand program coverage and analysis by Radio Farda 

and the Persian News Network, including the development 

of broadcast platforms and programs, on the television, radio 

and Internet, for enhanced interactivity with and among the 

people of Iran; 

(5) hire, on a permanent or short-term basis, additional 

staff for Radio Farda and the Persian News Network; and 

(6) develop additional Internet-based, Farsi-language television programming, including a Farsi-language, Internet-based 

news channel. 

SEC. 1263. IRANIAN ELECTRONIC EDUCATION, EXCHANGE, AND MEDIA 

FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States the Iranian Electronic Education, Exchange, and 

Media Fund (referred to in this section as the ‘‘Fund’’), consisting 

of amounts appropriated to the Fund pursuant to subsection (f). 

(b) ADMINISTRATION.—The Fund shall be administered by the 

Secretary of State. 

(c) OBJECTIVE.—The objective of the Fund shall be to support 

the development of technologies, including Internet Web sites, that 

will aid the ability of the Iranian people to— 

(1) gain access to and share information; 

22 USC 6204 

note. 

22 USC 6204 

note. 

22 USC 6201 

note. 

Victims of 

Iranian 

Censorship Act. 


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123 STAT. 2554 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) exercise freedom of speech, freedom of expression, and 

freedom of assembly through the Internet and other electronic 

media; 

(3) engage in Internet-based education programs and other 

exchanges between Americans and Iranians; and 

(4) counter efforts— 

(A) to block, censor, and monitor the Internet; and 

(B) to disrupt or monitor cellular phone networks or 

SMS text exchanges. 

(d) USE OF AMOUNTS.—In pursuit of the objective described 

in subsection (c), amounts in the Fund may be used for grants 

to United States or foreign universities, nonprofit organizations, 

or companies for targeted projects that advance the purpose of 

the Fund, including projects that— 

(1) develop Farsi-language versions of existing social-networking Web sites; 

(2) develop technologies, including Internet-based applications, to counter efforts— 

(A) to block, censor, and monitor the Internet; and 

(B) to disrupt or monitor cellular phone networks or 

SMS text message exchanges; 

(3) develop Internet-based, distance learning programs for 

Iranian students at United States universities; and 

(4) promote Internet-based, people-to-people educational, 

professional, religious, or cultural exchanges and dialogues 

between United States citizens and Iranians. 

(e) TRANSFERS.—Amounts in the Fund may be transferred to 

the United States Agency for International Development, the Broadcasting Board of Governors, or any other agency of the Federal 

Government to the extent that such amounts are used to carry 

out activities that will further the objective described in subsection 

(c). 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated $20,000,000 to the Fund. 

SEC. 1264. ANNUAL REPORT. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, and annually thereafter for 5 years, 

the President shall submit a report to Congress that provides a 

detailed description of— 

(1) United States-funded international broadcasting efforts 

in Iran; 

(2) efforts by the Government of Iran to block broadcasts 

sponsored by the United States or other non-Iranian entities; 

(3) efforts by the Government of Iran to monitor or block 

Internet access, and gather information about individuals; 

(4) plans by the Broadcasting Board of Governors for the 

use of the amounts appropriated pursuant to section 1244, 

including— 

(A) the identification of specific programs and platforms 

to be expanded or created; and 

(B) satellite, radio, or Internet-based transmission 

capacity to be expanded or created; 

(5) plans for the use of the Iranian Electronic Education, 

Exchange, and Media Fund; 

President. 

Iran. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2555 

(6) a detailed breakdown of amounts obligated and disbursed from the Iranian Electronic Media Fund and an assessment of the impact of such amounts; 

(7) the percentage of the Iranian population and of Iranian 

territory reached by shortwave and medium-wave radio broadcasts by Radio Farda and Voice of America and any other 

relevant demographic information that can be ascertained about 

the audience for such broadcasts; 

(8) the Internet traffic from Iran to Radio Farda and Voice 

of America Web sites; and 

(9) the Internet traffic to proxy servers sponsored by the 

Broadcasting Board of Governors, and the provisioning of surge 

capacity. 

(b) CLASSIFIED ANNEX.—The report submitted under subsection 

(a) may include a classified annex. 

SEC. 1265. REPORT ON ACTIONS BY NON-IRANIAN COMPANIES. 

(a) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the President shall submit to Congress 

a report on non-Iranian persons, including corporations with United 

States subsidiaries, that, after the date of the enactment of this 

Act, have knowingly or negligently provided hardware, software, 

or other forms of assistance to the Government of Iran that has 

furthered Iran’s efforts to— 

(1) filter online political content; 

(2) disrupt cell phone and Internet communications; and 

(3) monitor the online activities of Iranian citizens. 

(b) FORM.—The report required under subsection (a) shall be 

submitted in unclassified form, but may include a classified annex 

if necessary. 

SEC. 1266. HUMAN RIGHTS DOCUMENTATION. 

There are authorized to be appropriated $5,000,000 to the 

Secretary of State to document, collect, and disseminate information 

about human rights in Iran, including abuses of human rights 

that have taken place since the Iranian presidential election conducted on June 12, 2009. 

TITLE XIII—COOPERATIVE THREAT 

REDUCTION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds. 

Sec. 1302. Funding allocations. 

Sec. 1303. Utilization of contributions to the Cooperative Threat Reduction Program. 

Sec. 1304. Metrics for the Cooperative Threat Reduction Program. 

Sec. 1305. Cooperative Threat Reduction Program authority for urgent threat reduction activities. 

Sec. 1306. Cooperative Threat Reduction Defense and Military Contacts Program. 

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.—For purposes of section 301 and other provisions of this 

Act, Cooperative Threat Reduction programs are the programs 

specified in section 1501 of the National Defense Authorization 

Act for Fiscal Year 1997 (50 U.S.C. 2362 note). 

22 USC 5964 

note. 

President. 


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123 STAT. 2556 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) FISCAL YEAR 2010 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2010 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for 

Cooperative Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 for Cooperative 

Threat Reduction programs shall be available for obligation for 

fiscal years 2010, 2011, and 2012. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $424,093,000 

authorized to be appropriated to the Department of Defense for 

fiscal year 2010 in section 301(20) for Cooperative Threat Reduction 

programs, the following amounts may be obligated for the purposes 

specified: 

(1) For strategic offensive arms elimination in Russia, 

$66,385,000. 

(2) For strategic nuclear arms elimination in Ukraine, 

$6,800,000. 

(3) For nuclear weapons storage security in Russia, 

$15,090,000. 

(4) For nuclear weapons transportation security in Russia, 

$46,400,000. 

(5) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $90,886,000. 

(6) For biological threat reduction in the former Soviet 

Union, $152,132,000. 

(7) For chemical weapons destruction, $3,000,000. 

(8) For defense and military contacts, $5,000,000. 

(9) For new Cooperative Threat Reduction initiatives, 

$17,000,000. 

(10) For activities designated as Other Assessments/ 

Administrative Costs, $21,400,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2010 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (10) of subsection (a) 

until 15 days after the date that the Secretary of Defense submits 

to Congress a report on the purpose for which the funds will 

be obligated or expended and the amount of funds to be obligated 

or expended. Nothing in the preceding sentence shall be construed 

as authorizing the obligation or expenditure of fiscal year 2010 

Cooperative Threat Reduction funds for a purpose for which the 

obligation or expenditure of such funds is specifically prohibited 

under this title or any other provision of law. 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.— 

(1) IN GENERAL.—Subject to paragraph (2), in any case 

in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may 

obligate amounts appropriated for fiscal year 2010 for a purpose 

listed in paragraphs (1) through (10) of subsection (a) in excess 

of the specific amount authorized for that purpose. 

(2) NOTICE-AND-WAIT REQUIRED.—An obligation of funds 

for a purpose stated in paragraphs (1) through (10) of subsection 

(a) in excess of the specific amount authorized for such purpose 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2557 

may be made using the authority provided in paragraph (1) 

only after— 

(A) the Secretary submits to Congress notification of 

the intent to do so together with a complete discussion 

of the justification for doing so; and 

(B) 15 days have elapsed following the date of the 

notification. 

SEC. 1303. UTILIZATION OF CONTRIBUTIONS TO THE COOPERATIVE 

THREAT REDUCTION PROGRAM. 

(a) IN GENERAL.—The Secretary of Defense, with the concurrence of the Secretary of State, may enter into one or more agreements with any person (including a foreign government, international organization, multinational entity, or any other entity) 

that the Secretary of Defense considers appropriate under which 

the person contributes funds for activities conducted under the 

Cooperative Threat Reduction Program of the Department of 

Defense. 

(b) RETENTION AND USE OF AMOUNTS.—Notwithstanding section 

3302 of title 31, United States Code, and subject to subsections 

(c) and (d), the Secretary of Defense may retain and obligate or 

expend amounts contributed pursuant to subsection (a) for purposes 

of the Cooperative Threat Reduction Program of the Department 

of Defense. Amounts so contributed shall be retained in a separate 

fund established in the Treasury for such purposes and shall be 

available to be obligated or expended without further appropriation. 

(c) RETURN OF AMOUNTS NOT OBLIGATED OR EXPENDED WITHIN

THREE YEARS.—If the Secretary of Defense does not obligate or 

expend an amount contributed pursuant to subsection (a) by the 

date that is three years after the date on which the contribution 

was made, the Secretary shall return the amount to the person 

who made the contribution. 

(d) NOTICE TO CONGRESSIONAL DEFENSE COMMITTEES.— 

(1) IN GENERAL.—Not later than 30 days after receiving 

an amount contributed pursuant to subsection (a), the Secretary 

shall submit to the appropriate congressional committees a 

notice— 

(A) specifying the value of the contribution and the 

purpose for which the contribution was made; and 

(B) identifying the person who made the contribution. 

(2) LIMITATION ON USE OF AMOUNTS.—The Secretary may 

not obligate or expend an amount contributed pursuant to 

subsection (a) until the date that is 15 days after the date 

on which the Secretary submits the notice required by paragraph (1). 

(e) ANNUAL REPORT.—Not later than October 31 each year, 

the Secretary of Defense shall submit to the appropriate congressional committees a report on amounts contributed pursuant to 

subsection (a) during the preceding fiscal year. Each such report 

shall include, for the fiscal year covered by the report, the following: 

(1) A statement of any amounts contributed pursuant to 

subsection (a), including, for each such amount, the value of 

the contribution and the identity of the person who made 

the contribution. 

(2) A statement of any amounts so contributed that were 

obligated or expended by the Secretary, including, for each 

Time period. 

22 USC 5952 

note. 


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123 STAT. 2558 PUBLIC LAW 111–84—OCT. 28, 2009 

such amount, the purposes for which the amount was obligated 

or expended. 

(3) A statement of any amounts so contributed that were 

retained but not obligated or expended, including, for each 

such amount, the purposes (if known) for which the Secretary 

intends to obligate or expend the amount. 

(f) IMPLEMENTATION PLAN.—The Secretary of Defense shall 

submit to the appropriate congressional committees an implementation plan for the authority provided under this section prior to 

obligating or expending any amounts contributed pursuant to subsection (a). The Secretary shall submit updates to such plan as 

needed. 

(g) TERMINATION.—The authority provided under this section 

shall terminate on December 31, 2015. 

(h) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Affairs of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Relations of 

the Senate. 

SEC. 1304. METRICS FOR THE COOPERATIVE THREAT REDUCTION PROGRAM. 

(a) METRICS REQUIRED.—The Secretary of Defense shall develop 

and implement metrics to measure the impact and effectiveness 

of activities of the Cooperative Threat Reduction Program of the 

Department of Defense to address threats arising from the proliferation of chemical, nuclear, and biological weapons and weaponsrelated materials, technologies, and expertise. 

(b) SECRETARY OF DEFENSE REPORT ON METRICS.—Not later 

than 270 days after the date of the enactment of this Act, the 

Secretary of Defense shall submit to the appropriate congressional 

committees a report describing the metrics developed and implemented under subsection (a). 

(c) NATIONAL ACADEMY OF SCIENCES ASSESSMENT AND REPORT

ON METRICS.— 

(1) ASSESSMENT.—Not later than 30 days after the date 

on which the report is submitted by the Secretary of Defense 

under subsection (b), the Secretary shall enter into an arrangement with the National Academy of Sciences under which the 

Academy shall carry out an assessment to review the metrics 

developed and implemented under subsection (a) and identify 

possible additional or alternative metrics, if necessary. 

(2) REPORT.—The National Academy of Sciences shall 

submit to the appropriate congressional committees and the 

Secretary of Defense a report on the results of the assessment 

carried out under paragraph (1). 

(3) SECRETARY OF DEFENSE REPORT.— 

(A) Not later than 90 days after receipt of the report 

required by paragraph (2), the Secretary shall submit to 

the appropriate congressional committees a report on the 

assessment carried out by the National Academy of 

Sciences. 

22 USC 5964. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2559 

(B) The report under subparagraph (A) shall include 

the following: 

(i) A summary of the results of the assessment 

carried out under paragraph (1). 

(ii) An evaluation by the Secretary of the assessment. 

(iii) A statement of the actions, if any, to be undertaken by the Secretary to implement any recommendations in the assessment. 

(C) The report under subparagraph (A) shall be submitted in unclassified form, but may include a classified 

annex. 

(d) FUNDING.—Of the amounts appropriated pursuant to the 

authorization of appropriations in section 301(20) or otherwise made 

available for Cooperative Threat Reduction Programs for fiscal year 

2010, not more than $1,000,000 may be obligated or expended 

to carry out paragraphs (1) and (2) of subsection (c). 

(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Affairs of the 

House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Foreign Relations of 

the Senate. 

SEC. 1305. COOPERATIVE THREAT REDUCTION PROGRAM AUTHORITY 

FOR URGENT THREAT REDUCTION ACTIVITIES. 

(a) IN GENERAL.—Subject to the notification requirement under 

subsection (b), not more than 10 percent of the total amounts 

appropriated or otherwise made available in any fiscal year for 

the Cooperative Threat Reduction Program of the Department of 

Defense may be expended, notwithstanding any other law, for activities described under subsection (b)(1)(B). 

(b) DETERMINATION AND NOTICE.— 

(1) DETERMINATION.—The Secretary of Defense, with the 

concurrence of the Secretary of State and the Secretary of 

Energy, may make a written determination that— 

(A) threats arising from the proliferation of chemical, 

nuclear, and biological weapons or weapons-related materials, technologies, and expertise must be addressed 

urgently; 

(B) certain provisions of law would unnecessarily 

impede the Secretary’s ability to carry out activities of 

the Cooperative Threat Reduction Program of the Department of Defense to address such threats; and 

(C) it is necessary to expend amounts described in 

subsection (a) to carry out such activities. 

(2) NOTICE REQUIRED.—Not later than 15 days before obligating or expending funds under the authority provided in 

subsection (a), the Secretary of Defense shall notify the appropriate congressional committees of the determination made 

under paragraph (1). The notice shall include— 

(A) the determination; 

(B) the activities to be undertaken by the Cooperative 

Threat Reduction Program; 

Deadline. 

22 USC 5965. 


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(C) the expected time frame for such activities; and 

(D) the expected costs of such activities. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Foreign Affairs, the Committee on 

Armed Services, and the Committee on Appropriations of the 

House of Representatives; and 

(2) the Committee on Foreign Relations, the Committee 

on Armed Services, and the Committee on Appropriations of 

the Senate. 

SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE AND MILITARY CONTACTS PROGRAM. 

(a) IN GENERAL.—The Secretary of Defense shall ensure that 

the Defense and Military Contacts Program under the Cooperative 

Threat Reduction Program of the Department of Defense— 

(1) is executed pursuant to a well-developed strategy for 

advancing the mission of the Cooperative Threat Reduction 

Program; 

(2) is focused and expanded to support specific relationshipbuilding opportunities, which could lead to Cooperative Threat 

Reduction Program development in new geographic areas and 

achieve other Cooperative Threat Reduction Program benefits; 

(3) is directly administered as part of the Cooperative 

Threat Reduction Program; and 

(4) includes cooperation and coordination with— 

(A) the unified combatant commands that operate in 

areas in which Cooperative Threat Reduction activities are 

carried out; and 

(B) related diplomatic efforts. 

(b) COOPERATIVE THREAT REDUCTION ANNUAL REPORT.—Paragraph (8) of section 1308(c) of the Floyd D. Spence National Defense 

Authorization Act for fiscal year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–341; 22 U.S.C. 5959) is 

amended— 

(1) by inserting ‘‘, including under the Defense and Military 

Contacts program,’’ after ‘‘programs’’; and 

(2) in subparagraph (B), by striking ‘‘the purposes’’ and 

inserting ‘‘the strategy’’. 

TITLE XIV—OTHER AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Chemical agents and munitions destruction, defense. 

Sec. 1404. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1405. Defense Inspector General. 

Sec. 1406. Defense Health Program. 

Sec. 1407. Relation to funding table. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Authorized uses of National Defense Stockpile funds. 

Sec. 1412. Extension of previously authorized disposal of cobalt from National Defense Stockpile. Sec. 1413. Report on implementation of reconfiguration of the National Defense 

Stockpile. 

Subtitle C—Armed Forces Retirement Home 

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. 

22 USC 5952 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2561 

Subtitle A—Military Programs 

SEC. 1401. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds in amounts as follows: 

(1) For the Defense Working Capital Funds, $141,388,00. 

(2) For the Defense Working Capital Fund, Defense Commissary, $1,313,616,000. 

SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

Funds are hereby authorized to be appropriated for the fiscal 

year 2010 for the National Defense Sealift Fund in the amount 

of $1,642,758,000. 

SEC. 1403. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for the Department of Defense for 

fiscal year 2010 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, in the amount 

of $1,560,760,000, of which— 

(1) $1,146,802,000 is for Operation and Maintenance; 

(2) $401,269,000 is for Research, Development, Test, and 

Evaluation; and 

(3) $12,689,000 is for Procurement. 

(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for— 

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521); and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

SEC. 1404. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide, in the amount of $1,054,234,000. 

SEC. 1405. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense, in the amount of $288,100,000, of which— 

(1) $287,100,000 is for Operation and Maintenance; and 

(2) $1,000,000 is for Procurement. 

SEC. 1406. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise 

provided for, for the Defense Health Program, in the amount of 

$28,033,093,000, of which— 

(1) $27,094,849,000 is for Operation and Maintenance; 


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123 STAT. 2562 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) $616,102,000 is for Research, Development, Test, and 

Evaluation; and 

(3) $322,142,000 is for Procurement. 

SEC. 1407. RELATION TO FUNDING TABLE. 

The amounts authorized to be appropriated by sections 1401, 

1402, 1403, 1404, 1405, and 1406 shall be available, in accordance 

with the requirements of section 4001, for projects, programs, and 

activities, and in the amounts, specified in the funding table in 

section 4401. 

Subtitle B—National Defense Stockpile 

SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 

FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2010, 

the National Defense Stockpile Manager may obligate up to 

$41,179,000 of the funds in the National Defense Stockpile Transaction Fund established under subsection (a) of section 9 of the 

Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) 

for the authorized uses of such funds under subsection (b)(2) of 

such section, including the disposal of hazardous materials that 

are environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified 

in subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate 

the additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 

SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DISPOSAL OF 

COBALT FROM NATIONAL DEFENSE STOCKPILE. 

Section 3305(a)(5) of the National Defense Authorization Act 

for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d note), 

as most recently amended by section 1412(b) of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009 (Public 

Law 110–417; 122 Stat. 4648), is further amended by striking 

‘‘during fiscal year 2009’’ and inserting ‘‘by the end of fiscal year 

2011’’. 

SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIGURATION OF 

THE NATIONAL DEFENSE STOCKPILE. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and House 

of Representatives a report on any actions the Secretary plans 

to take in response to the recommendations contained in the report 

entitled ‘‘Reconfiguration of the National Defense Stockpile Report 

to Congress’’ dated April 2009 and submitted by the Under Secretary of Defense for Acquisition, Logistics, and Technology, as 

required by House Report 109–89, House Report 109–452, and 

Senate Report 110–115. 

Time period. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2563 

(b) CONTENTS OF REPORT.— The report required by subsection 

(a) shall include the Secretary’s recommendations for changes, based 

on the findings of the April 2009 report, to statutes, regulations, 

and policies, which the Secretary determines are necessary to enable 

the implementation of the recommendations contained in the April 

2009 report or to improve Federal Government management of 

the National Defense Stockpile in the interest of the National 

Security Strategy. 

(c) CONGRESSIONAL NOTIFICATION.—The Secretary may not take 

any action regarding the implementation of any initiative recommended in the report required by subsection (a) until 45 days 

after the Secretary submits to the Committees on Armed Services 

of the Senate and House of Representatives such report. 

Subtitle C—Armed Forces Retirement 

Home 

SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 

RETIREMENT HOME. 

There is authorized to be appropriated for fiscal year 2010 

from the Armed Forces Retirement Home Trust Fund the sum 

of $134,000,000 for the operation of the Armed Forces Retirement 

Home. 

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Navy and Marine Corps procurement. 

Sec. 1505. Air Force procurement. 

Sec. 1506. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1507. Defense-wide activities procurement. 

Sec. 1508. Research, development, test, and evaluation. 

Sec. 1509. Operation and maintenance. 

Sec. 1510. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

Sec. 1511. Limitations on Iraq Security Forces Fund. 

Sec. 1512. Military personnel. 

Sec. 1513. Working capital funds. 

Sec. 1514. Defense Health Program. 

Sec. 1515. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1516. Defense Inspector General. 

Sec. 1517. Relation to funding tables. 

Sec. 1518. Continuation of prohibition on use of United States funds for certain facilities projects in Iraq. Sec. 1519. Treatment as additional authorizations. 

Sec. 1520. Special transfer authority. 

SEC. 1501. PURPOSE. 

The purpose of this title is to authorize appropriations for 

the Department of Defense for fiscal year 2010 to provide additional 

funds for overseas contingency operations being carried out by 

the Armed Forces. 

SEC. 1502. ARMY PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for procurement accounts of the Army in amounts as follows: 


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123 STAT. 2564 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) For aircraft procurement, $1,636,229,000. 

(2) For missile procurement, $481,570,000. 

(3) For weapons and tracked combat vehicles procurement, $759,466,000. 

(4) For ammunition procurement, $370,635,000. 

(5) For other procurement, $5,600,326,000. 

SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2010 for the Joint 

Improvised Explosive Device Defeat Fund in the amount of 

$2,099,850,000. 

(b) USE AND TRANSFER OF FUNDS.—Subsections (b) and (c) 

of section 1514 of the John Warner National Defense Authorization 

Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), 

as amended by section 1503 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4649), shall apply to the funds appropriated pursuant to 

the authorization of appropriations in subsection (a) and made 

available to the Department of Defense for the Joint Improvised 

Explosive Device Defeat Fund. 

(c) MONTHLY OBLIGATIONS AND EXPENDITURE REPORTS.—Not 

later than 15 days after the end of each month of fiscal year 

2010, the Secretary of Defense shall provide to the congressional 

defense committees a report on the Joint Improvised Explosive 

Device Defeat Fund explaining monthly commitments, obligations, 

and expenditures by line of action. 

(d) REPEAL OF SUPERSEDED REPORTING REQUIREMENT.—Section 

1514 of the John Warner National Defense Authorization Act for 

Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2439), as amended 

by section 1503(e) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4650), is amended by striking subsection (e). 

SEC. 1504. NAVY AND MARINE CORPS PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for procurement accounts of the Navy and Marine Corps 

in amounts as follows: 

(1) For aircraft procurement, Navy, $903,197,000. 

(2) For weapons procurement, Navy, $50,700,000. 

(3) For ammunition procurement, Navy and Marine Corps, 

$681,957,000. 

(4) For other procurement, Navy, $293,018,000. 

(5) For procurement, Marine Corps, $1,060,268,000. 

SEC. 1505. AIR FORCE PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for procurement accounts of the Air Force in amounts as 

follows: 

(1) For aircraft procurement, $780,441,000. 

(2) For ammunition procurement, $256,819,000. 

(3) For missile procurement, $36,625,000. 

(4) For other procurement, $2,321,549,000. 

SEC. 1506. MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the Mine Resistant Ambush Protected Vehicle Fund in 

the amount of $6,056,000,000. 

Applicability. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2565 

SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the procurement account for Defense-wide activities in 

the amount of $489,980,000. 

SEC. 1508. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the use of the Department of Defense for research, development, test, and evaluation as follows: 

(1) For the Army, $57,962,000. 

(2) For the Navy, $90,180,000. 

(3) For the Air Force, $29,286,000. 

(4) For Defense-wide activities, $115,826,000. 

SEC. 1509. OPERATION AND MAINTENANCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the use of the Armed Forces for expenses, not otherwise 

provided for, for operation and maintenance, in amounts as follows: 

(1) For the Army, $52,166,761,000. 

(2) For the Navy, $6,219,583,000. 

(3) For the Marine Corps, $3,701,600,000. 

(4) For the Air Force, $10,026,868,000. 

(5) For Defense-wide activities, $7,583,400,000. 

(6) For the Army Reserve, $204,326,000. 

(7) For the Navy Reserve, $68,059,000. 

(8) For the Marine Corps Reserve, $86,667,000. 

(9) For the Air Force Reserve, $125,925,000. 

(10) For the Army National Guard, $321,646,000. 

(11) For the Air National Guard, $289,862,000. 

(12) For the Afghanistan Security Forces Fund, 

$7,462,769,000. 

SEC. 1510. LIMITATIONS ON AVAILABILITY OF FUNDS IN AFGHANISTAN 

SECURITY FORCES FUND. 

Funds appropriated pursuant to the authorization of appropriations for the Afghanistan Security Forces Fund in section 1509(12) 

shall be subject to the conditions contained in subsections (b) 

through (g) of section 1513 of the National Defense Authorization 

Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428). 

SEC. 1511. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 

Funds made available to the Department of Defense for the 

Iraq Security Forces Fund for fiscal year 2010 shall be subject 

to the conditions contained in subsections (b) through (g) of section 

1512 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 426). 

SEC. 1512. MILITARY PERSONNEL. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 to the Department of Defense for military personnel accounts 

in the total amount of $14,146,341,000. 

SEC. 1513. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds in the amount of $396,915,000. 


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123 STAT. 2566 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 1514. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise 

provided for, for the Defense Health Program in the amount of 

$1,256,675,000 for operation and maintenance. 

SEC. 1515. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise 

provided for, for Drug Interdiction and Counter-Drug Activities, 

Defense-wide in the amount of $356,603,000. 

SEC. 1516. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2010 for expenses, not otherwise 

provided for, for the Office of the Inspector General of the Department of Defense in the amount of $8,876,000. 

SEC. 1517. RELATION TO FUNDING TABLES. 

(a) AMOUNTS FOR PROCUREMENT.—The amounts authorized to 

be appropriated by sections 1502, 1503, 1504, 1505, 1506, and 

1507 shall be available, in accordance with the requirements of 

section 4001, for projects, programs, and activities, and in the 

amounts, specified in the funding table in section 4102. 

(b) AMOUNTS FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—The amounts authorized to be appropriated by section 1508 

shall be available, in accordance with the requirements of section 

4001, for projects, programs, and activities, and in the amounts, 

specified in the funding table in section 4202. 

(c) AMOUNTS FOR OPERATION AND MAINTENANCE.—The amounts 

authorized to be appropriated by section 1509 shall be available, 

in accordance with the requirements of section 4001, for projects, 

programs, and activities, and in the amounts, specified in the 

funding table in section 4302. 

(d) OTHER AMOUNTS.—The amounts authorized to be appropriated by sections 1513, 1514, 1515, and 1516 shall be available, 

in accordance with the requirements of section 4001, for projects, 

programs, and activities, and in the amounts, specified in the 

funding table in section 4402. 

SEC. 1518. CONTINUATION OF PROHIBITION ON USE OF UNITED 

STATES FUNDS FOR CERTAIN FACILITIES PROJECTS IN 

IRAQ. 

Section 1508(a) of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4651) shall apply to funds authorized to be appropriated 

by this title. 

SEC. 1519. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

The amounts authorized to be appropriated by this title are 

in addition to amounts otherwise authorized to be appropriated 

by this Act. 

SEC. 1520. SPECIAL TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— (1) AUTHORITY.—Upon determination by the Secretary of 

Defense that such action is necessary in the national interest, 

Determination. 

Applicability. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2567 

the Secretary may transfer amounts of authorizations made 

available to the Department of Defense in this title for fiscal 

year 2010 between any such authorizations for that fiscal year 

(or any subdivisions thereof). Amounts of authorizations so 

transferred shall be merged with and be available for the 

same purposes as the authorization to which transferred. 

(2) LIMITATION.—The total amount of authorizations that 

the Secretary may transfer under the authority of this section 

may not exceed $4,000,000,000. 

(b) TERMS AND CONDITIONS.—Transfers under this section shall 

be subject to the same terms and conditions as transfers under 

section 1001. 

(c) ADDITIONAL AUTHORITY.—The transfer authority provided 

by this section is in addition to the transfer authority provided 

under section 1001. 

TITLE XVII—DEPARTMENT OF DEFENSE–DEPARTMENT OF VETERANS 

AFFAIRS MEDICAL FACILITY DEMONSTRATION PROJECT 

Sec. 1701. Demonstration project authority. 

Sec. 1702. Transfer of property. 

Sec. 1703. Transfer of civilian personnel of the Department of Defense. 

Sec. 1704. Joint funding authority. 

Sec. 1705. Eligibility of members of the uniformed services for care and services. 

Sec. 1706. Extension of DOD–VA Health Care Sharing Incentive Fund. 

SEC. 1701. DEMONSTRATION PROJECT AUTHORITY. 

(a) EXECUTIVE AGREEMENT AUTHORIZED.—Subject to subsection 

(b), the Secretary of Defense, in consultation with the Secretary 

of the Navy, and the Secretary of Veterans Affairs may execute 

a signed executive agreement pursuant to section 706 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 122 Stat. 455) for the joint use by the Department of Defense and the Department of Veterans Affairs of the 

following: 

(1) A new Navy ambulatory care center (on which construction commenced in July 2008), parking structure, and supporting structures and facilities in North Chicago, Illinois, and 

Great Lakes, Illinois. 

(2) Medical personal property and equipment relating to 

the center, structures, and facilities described in paragraph 

(1). 

(b) DEADLINE FOR ENTRY INTO AGREEMENT.—The executive 

agreement authorized by subsection (a) shall be entered into, if 

at all, by not later than 180 days after the date of the enactment 

of this Act. 

(c) SCOPE.—The executive agreement under subsection (a) 

shall— 

(1) be a binding operational agreement on matters under 

the areas specified in section 706 of the Duncan Hunter 

National Defense Authorization Act for Fiscal Year 2009; and 

(2) contain additional terms and conditions as required 

by the provisions of this title. 

(d) REPORTS.— 


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123 STAT. 2568 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) NOTICE ON AGREEMENT.—Not later than seven days 

before executing an executive agreement under subsection (a), 

the Secretary of Defense and the Secretary of Veterans Affairs 

shall jointly submit to the appropriate committees of Congress 

a report setting forth a copy of the proposed executive agreement. 

(2) FINAL REPORT.—Not later than 180 days after the fifth 

anniversary of the date of the execution of the executive agreement under subsection (a), the Secretary of Defense and the 

Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a report on the exercise of the 

authorities in this title at the facility (as defined in section 

1702(a)(1)). The report shall include the following: 

(A) A comprehensive description and assessment of 

the exercise of the authorities in this title. 

(B) The recommendation of the Secretaries as to 

whether the exercise of the authorities in this title should 

continue. 

(3) REPORT ON ADDITIONAL LOCATIONS FOR SIMILAR AGREEMENTS.—Not later than 90 days after the date of the enactment 

of this Act, the Secretary of Defense and the Secretary of 

Veterans Affairs shall jointly submit to the appropriate committees of Congress a report setting forth such recommendations 

as the Secretaries jointly consider appropriate for additional 

locations, if any, at which executive agreements like the executive agreement under subsection (a) would be advisable. 

(e) COMPTROLLER GENERAL REVIEWS.— 

(1) IN GENERAL.—Not later than one year after the execution of an executive agreement under subsection (a), and 

annually thereafter, the Comptroller General shall conduct a 

review and assessment of the following: 

(A) The progress made in implementing the agreement. 

(B) The effects of the agreement on the provision of 

care and operation of the facility (as so defined). 

(2) REPORTS.—Not later than 90 days after the commencement of each review and assessment conducted under paragraph (1), the Comptroller General shall submit to the appropriate committees of Congress a report on such review and 

assessment. Each report shall set forth the following: 

(A) The results of such review and assessment. 

(B) Such recommendations for modifications of the 

executive agreement, or the authorities in this title, as 

the Comptroller General considers appropriate in light of 

the results of such review and assessment. 

(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 

section, the term ‘‘appropriate committees of Congress’’ means— 

(1) the Committees on Armed Services and Veterans’ 

Affairs of the Senate; and 

(2) the Committees on Armed Services and Veterans’ 

Affairs of the House of Representatives. 

SEC. 1702. TRANSFER OF PROPERTY. 

(a) TRANSFER.— 

(1) TRANSFER AUTHORIZED.—The Secretary of Defense, 

acting through the Administrator of General Services, may 

transfer, without reimbursement, to the Secretary of Veterans 

Deadlines. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2569 

Affairs jurisdiction, custody, and control over the center, structures, facilities, and property and equipment covered by the 

executive agreement under section 1701 (hereafter in this title 

referred to as the ‘‘facility’’). 

(2) DATE OF TRANSFER.—The transfer authorized by paragraph (1) may not occur before the earlier of— 

(A) the date that is five years after the date of the 

execution under section 1701 of the executive agreement 

under that section; or 

(B) the date of the completion of such specific benchmarks relating to the joint use by the Department of 

Defense and the Department of Veterans Affairs of the 

Navy ambulatory care center described in section 1701(a)(1) 

as the Secretary of Defense (in consultation with the Secretary of the Navy) and Secretary of the Department of 

Veterans Affairs shall jointly establish for purposes of this 

section not later than 180 days after the date of the enactment of this Act. 

(3) DELAY OF TRANSFER FOR COMPLETION OF CONSTRUCTION.—If construction on the center, structures, and facilities 

described in paragraph (1) is not complete as of the date specified in subparagraph (A) or (B) of paragraph (2), as applicable, 

the transfer of the center, structures, and facilities under that 

paragraph may occur thereafter upon completion of the 

construction. 

(4) DISCHARGE OF TRANSFER.—The Administrator of General Services shall complete the transfer as authorized by this 

subsection not later than 30 days after receipt of the request 

for the transfer. 

(b) REVERSION.— 

(1) IN GENERAL.—If any of the real and related personal 

property transferred pursuant to subsection (a) is subsequently 

used for purposes other than those specified in the executive 

agreement under section 1701, or is otherwise jointly determined by the Secretary of Defense and the Secretary of Veterans Affairs to be excess to the needs of the facility, the 

Secretary of Veterans Affairs shall offer to transfer jurisdiction, 

custody, and control over such property, without reimbursement, to the Secretary of Defense. Any such transfer shall 

be carried out by the Administrator of General Services not 

later than one year after the acceptance of the offer of such 

transfer, plus such additional time as the Administrator may 

require to complete such transfer. 

(2) REVERSION IN EVENT OF LACK OF FACILITIES INTEGRATION.— 

(A) WITHIN INITIAL PERIOD.—During the five-year 

period beginning on the date of the transfer of real and 

related personal property pursuant to subsection (a), if 

the Secretary of Veterans Affairs, the Secretary of Defense, 

and the Secretary of Navy jointly determine that the 

integration of the facilities transferred pursuant to that 

subsection should not continue, jurisdiction, custody, and 

control over such real and related personal property shall 

be transferred, without reimbursement, to the Secretary 

of Defense. The transfer under this subparagraph shall 

be carried out by the Administrator of General Services 

not later than 180 days after the date of the determination 

Real property. 

Determination. 

Deadlines. 

Deadline. 

Deadline. 


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123 STAT. 2570 PUBLIC LAW 111–84—OCT. 28, 2009 

by the Secretaries, plus such additional time as the 

Administrator may require to complete such transfer. 

(B) AFTER INITIAL PERIOD.—After the end of the fiveyear period described in subparagraph (A), if the Secretary 

of Veterans Affairs or the Secretary of Defense determines 

that the integration of the facilities transferred pursuant 

to subsection (a) should not continue, the Secretary of 

Veterans Affairs shall transfer, without reimbursement, 

to the Secretary of Defense jurisdiction, custody, and control over the real and related personal property described 

in subparagraph (A). Any transfer under this subparagraph 

shall be carried out by the Administrator of General Services not later than one year after the date of the determination by the applicable Secretary, plus such additional time 

as the Administrator may require to complete such 

transfer. 

(C) REVERSION PROCEDURES.—The executive agreement 

under section 1701 shall provide the following: 

(i) Specific procedures for the reversion of real 

and related personal property, as appropriate, transferred pursuant to subsection (a) to ensure the continuing accomplishment by the Department of Defense 

and the Department of Veterans Affairs of their missions in the event that the integration of facilities 

described transferred pursuant to that subsection (a) 

is not completed or a reversion of property occurs under 

subparagraph (A) or (B). 

(ii) In the event of a reversion under this paragraph, the transfer from the Department of Veterans 

Affairs to the Department of Defense of associated 

functions including appropriate resources, civilian positions, and personnel, in a manner that will not result 

in adverse impact to the missions of Department of 

Defense or the Department of Veterans Affairs. 

SEC. 1703. TRANSFER OF CIVILIAN PERSONNEL OF THE DEPARTMENT 

OF DEFENSE. 

(a) TRANSFER OF FUNCTIONS.—The Secretary of Defense and 

the Secretary of the Navy may transfer to the Secretary of Veterans 

Affairs functions necessary for the effective operation of the facility. 

The Secretary of Veterans Affairs may accept any functions so 

transferred. 

(b) TERMS.— 

(1) EXECUTIVE AGREEMENT.—Any transfer of functions 

under subsection (a) shall be carried out as provided in the 

executive agreement under section 1701. The functions to be 

so transferred shall be identified utilizing the provisions of 

section 3503 of title 5, United States Code. 

(2) ELEMENTS.—In providing for the transfer of functions 

under subsection (a), the executive agreement under section 

1701 shall provide for the following: 

(A) The transfer of civilian employee positions of the 

Department of Defense identified in the executive agreement to the Department of Veterans Affairs, and of the 

incumbent civilian employees in such positions, and the 

transition of the employees so transferred to the pay, benefits, and personnel systems that apply to employees of 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2571 

the Department of Veterans Affairs (to the extent that 

different systems apply). 

(B) The transition of employees so transferred to the 

pay systems of the Department of Veterans Affairs in a 

manner which will not result in any reduction in an 

employee’s regular rate of compensation (including basic 

pay, locality pay, any physician comparability allowance, 

and any other fixed and recurring pay supplement) at 

the time of transition. 

(C) The continuation after transfer of the same employment status for employees so transferred who have already 

successfully completed or are in the process of completing 

a one-year probationary period under title 5, United States 

Code, notwithstanding the provisions of section 7403(b)(1) 

of title 38, United States Code. 

(D) The extension of collective bargaining rights under 

title 5, United States Code, to employees so transferred 

in positions listed in subsection 7421(b) of title 38, United 

States Code, notwithstanding the provisions of section 7422 

of title 38, United States Code, for a two-year period beginning on the effective date of the executive agreement. 

(E) At the end of the two-year period beginning on 

the effective date of the executive agreement, for the following actions by the Secretary of Veterans Affairs with 

respect to the extension of collective bargaining rights 

under subparagraph (D): 

(i) Consideration of the impact of the extension 

of such rights. 

(ii) Consultation with exclusive employee representatives of the transferred employees about such 

impact. 

(iii) Determination, after consultation with the Secretary of Defense and the Secretary of the Navy, 

whether the extension of such rights should be terminated, modified, or kept in effect. 

(iv) Submittal to Congress of a notice regarding 

the determination made under clause (iii). 

(F) The recognition after transfer of each transferred 

physician’s and dentist’s total number of years of service 

as a physician or dentist in the Department of Defense 

for purposes of calculating such employee’s rate of base 

pay, notwithstanding the provisions of section 7431(b)(3) 

of title 38, United States Code. 

(G) The preservation of the seniority of the employees 

so transferred for all pay purposes. 

(c) RETENTION OF DEPARTMENT OF DEFENSE EMPLOYMENT

AUTHORITY.—Notwithstanding subsections (a) and (b), the Department of Defense may employ civilian personnel at the facility if 

the Secretary of the Navy, or a designee of the Secretary, determines 

it is necessary and appropriate to meet mission requirements of 

the Department of the Navy. 

SEC. 1704. JOINT FUNDING AUTHORITY. 

(a) JOINT MEDICAL FACILITY DEMONSTRATION FUND.— 

(1) ESTABLISHMENT.—There is established on the books 

of the Treasury under the Department of Veterans Affairs 

a fund to be known as the ‘‘Joint Department of Defense– 

Determination. 

Notice. 

Determination. 

Consultation. 


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Department of Veterans Affairs Medical Facility Demonstration 

Fund’’ (in this section referred to as the ‘‘Fund’’). 

(2) ELEMENTS.—The Fund shall consist of the following: 

(A) Amounts transferred to the Fund by the Secretary 

of Defense, in consultation with the Secretary of the Navy, 

from amounts authorized and appropriated for the Department of Defense specifically for that purpose. 

(B) Amounts transferred to the Fund by the Secretary 

of Veterans Affairs from amounts authorized and appropriated for the Department of Veterans Affairs specifically 

for that purpose. 

(C) Amounts transferred to the Fund from medical 

care collections under paragraph (4). 

(3) DETERMINATION OF AMOUNTS TRANSFERRED GENERALLY.—The amount transferred to the Fund by each of the 

Secretary of Defense and the Secretary of Veterans Affairs 

under subparagraphs (A) and (B), as applicable, of paragraph 

(2) each fiscal year shall be such amount, as determined by 

a methodology jointly established by the Secretary of Defense 

and the Secretary of Veterans Affairs for purposes of this 

subsection, that reflects the mission-specific activities, workload, and costs of provision of health care at the facility of 

the Department of Defense and the Department of Veterans 

Affairs, respectively. 

(4) TRANSFERS FROM MEDICAL CARE COLLECTIONS.— 

(A) IN GENERAL.—Amounts collected under the authorities specified in subparagraph (B) for health care provided 

at the facility may be transferred to the Fund under paragraph (2)(C). 

(B) AUTHORITIES.—The authorities specified in this 

subparagraph are the following: 

(i) Section 1095 of title 10, United States Code. 

(ii) Section 1729 of title 38, United States Code. 

(iii) Public Law 87–693, popularly known as the 

‘‘Federal Medical Care Recovery Act’’ (42 U.S.C. 2651 

et seq.). 

(5) ADMINISTRATION.—The Fund shall be administered in 

accordance with such provisions of the executive agreement 

under section 1701 as the Secretary of Defense and the Secretary of Veterans Affairs shall jointly include in the executive 

agreement. Such provisions shall provide for an independent 

review of the methodology established under paragraph (3). 

(b) AVAILABILITY.— 

(1) IN GENERAL.—Funds transferred to the Fund under 

subsection (a) shall be available to fund the operations of the 

facility, including capital equipment, real property maintenance, and minor construction projects that are not required 

to be specifically authorized by law under section 2805 of title 

10, United States Code, or section 8104 of title 38, United 

States Code. 

(2) LIMITATION.—The availability of funds transferred to 

the Fund under subsection (a)(2)(C) shall be subject to the 

provisions of section 1729A of title 38, United States Code. 

(3) PERIOD OF AVAILABILITY.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), funds transferred to the Fund under subsection (a) 


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shall be available under paragraph (1) for one fiscal year 

after transfer. 

(B) EXCEPTION.—Of an amount transferred to the Fund 

under subsection (a), an amount not to exceed two percent 

of such amount shall be available under paragraph (1) 

for two fiscal years after transfer. 

(c) FINANCIAL RECONCILIATION.—The executive agreement 

under section 1701 shall provide for the development and 

implementation of an integrated financial reconciliation process 

that meets the fiscal reconciliation requirements of the Department 

of Defense, the Department of the Navy, and the Department of 

Veterans Affairs. The process shall permit each of the Department 

of Defense, the Department of Navy, and the Department of Veterans Affairs to identify their fiscal contributions to the Fund, 

taking into consideration accounting, workload, and financial 

management differences. 

(d) ANNUAL REPORT.—The Secretary of Defense, in consultation 

with the Secretary of the Navy, and the Secretary of Veterans 

Affairs shall jointly provide for an annual independent review of 

the Fund for at least three years after the date of the enactment 

of this Act. Such review shall include detailed statements of the 

uses of amounts of the Fund and an evaluation of the adequacy 

of the proportional share contributed to the Fund by each of the 

Secretary of Defense and the Secretary of Veterans Affairs. 

(e) TERMINATION.—The authorities in this section shall terminate on September 30, 2015. 

SEC. 1705. ELIGIBILITY OF MEMBERS OF THE UNIFORMED SERVICES 

FOR CARE AND SERVICES. 

(a) IN GENERAL.—For purposes of eligibility for health care 

under chapter 55 of title 10, United States Code, the facility may 

be treated as a facility of the uniformed services to the extent 

provided in the executive agreement under section 1701. 

(b) PRIORITY OF TREATMENT.—The executive agreement under 

section 1701 shall provide an integrated priority list for access 

to health care at the facility, which list shall— 

(1) integrate the respective health care priority lists of 

the Secretary of Defense and the Secretary of Veterans Affairs, 

giving first priority of care to members of the Armed Forces 

on active duty; and 

(2) take into account categories of beneficiaries, enrollment 

program status, and such other matters as the Secretary of 

Defense and the Secretary of Veterans Affairs jointly consider 

appropriate. 

(c) ADDITIONAL ELEMENTS.—The executive agreement under 

section 1701 may include provisions as follows: 

(1) To incorporate any resource-related limitations for 

access to health care at the facility that the Secretary of Defense 

may establish for purposes of administering space-available 

eligibility for care in facilities of the uniformed services under 

chapter 55 of title 10, United States Code. 

(2) To waive the applicability to the facility of any provision 

of section 8111(e) of title 38, United States Code, that the 

Secretary of Defense and the Secretary of Veterans Affairs 

shall jointly specify. 

(3) To allocate financial responsibility for care provided 

at the facility for individuals who are eligible for care under 


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123 STAT. 2574 PUBLIC LAW 111–84—OCT. 28, 2009 

both chapter 55 of title 10, United States Code, and title 38, 

United States Code. 

SEC. 1706. EXTENSION OF DOD–VA HEALTH CARE SHARING INCENTIVE 

FUND. 

Section 8111(d)(3) of title 38, United States Code, is amended 

by striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 

2015’’. 

TITLE XVIII—MILITARY COMMISSIONS 

Sec. 1801. Short title. 

Sec. 1802. Military commissions. 

Sec. 1803. Conforming amendments. 

Sec. 1804. Proceedings under prior statute. 

Sec. 1805. Submittal to Congress of revised rules for military commissions. 

Sec. 1806. Annual reports to Congress on trials by military commission. 

Sec. 1807. Sense of Congress on military commission system. 

SEC. 1801. SHORT TITLE. 

This title may be cited as the ‘‘Military Commissions Act of 

2009’’. 

SEC. 1802. MILITARY COMMISSIONS. 

Chapter 47A of title 10, United States Code, is amended to 

read as follows: 

‘‘CHAPTER 47A—MILITARY COMMISSIONS 

‘‘SUBCHAPTER Sec. 

‘‘I. General Provisions ............................................................................................ 948a. 

‘‘II. Composition of Military Commissions ........................................................... 948h. 

‘‘III. Pre-Trial Procedure ........................................................................................ 948q. 

‘‘IV. Trial Procedure ............................................................................................... 949a. 

‘‘V. Classified Information Procedures ..................................................................949p–1. 

‘‘VI. Sentences ......................................................................................................... 949s. 

‘‘VII. Post-Trial Procedures and Review of Military Commissions ..................... 950a. 

‘‘VIII. Punitive Matters .......................................................................................... 950p. 

‘‘SUBCHAPTER I—GENERAL PROVISIONS 

‘‘Sec. 

‘‘948a. Definitions. 

‘‘948b. Military commissions generally. 

‘‘948c. Persons subject to military commissions. 

‘‘948d. Jurisdiction of military commissions. 

‘‘§ 948a. Definitions 

‘‘In this chapter: 

‘‘(1) ALIEN.—The term ‘alien’ means an individual who 

is not a citizen of the United States. 

‘‘(2) CLASSIFIED INFORMATION.—The term ‘classified 

information’ means the following: 

‘‘(A) Any information or material that has been determined by the United States Government pursuant to 

statute, Executive order, or regulation to require protection 

against unauthorized disclosure for reasons of national 

security. 

‘‘(B) Any restricted data, as that term is defined in 

section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 

2014(y)). 

10 USC 948a 

note. 

Military 

Commissions Act 

of 2009. 


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‘‘(3) COALITION PARTNER.—The term ‘coalition partner’, with 

respect to hostilities engaged in by the United States, means 

any State or armed force directly engaged along with the United 

States in such hostilities or providing direct operational support 

to the United States in connection with such hostilities. 

‘‘(4) GENEVA CONVENTION RELATIVE TO THE TREATMENT OF

PRISONERS OF WAR.—The term ‘Geneva Convention Relative 

to the Treatment of Prisoners of War’ means the Convention 

Relative to the Treatment of Prisoners of War, done at Geneva 

August 12, 1949 (6 UST 3316). 

‘‘(5) GENEVA CONVENTIONS.—The term ‘Geneva Conventions’ means the international conventions signed at Geneva 

on August 12, 1949. 

‘‘(6) PRIVILEGED BELLIGERENT.—The term ‘privileged belligerent’ means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention 

Relative to the Treatment of Prisoners of War. 

‘‘(7) UNPRIVILEGED ENEMY BELLIGERENT.—The term 

‘unprivileged enemy belligerent’ means an individual (other 

than a privileged belligerent) who— 

‘‘(A) has engaged in hostilities against the United 

States or its coalition partners; 

‘‘(B) has purposefully and materially supported hostilities against the United States or its coalition partners; 

or 

‘‘(C) was a part of al Qaeda at the time of the alleged 

offense under this chapter. 

‘‘(8) NATIONAL SECURITY.—The term ‘national security’ 

means the national defense and foreign relations of the United 

States. 

‘‘(9) HOSTILITIES.—The term ‘hostilities’ means any conflict 

subject to the laws of war. 

‘‘§ 948b. Military commissions generally 

‘‘(a) PURPOSE.—This chapter establishes procedures governing 

the use of military commissions to try alien unprivileged enemy 

belligerents for violations of the law of war and other offenses 

triable by military commission. 

‘‘(b) AUTHORITY FOR MILITARY COMMISSIONS UNDER THIS

CHAPTER.—The President is authorized to establish military 

commissions under this chapter for offenses triable by military 

commission as provided in this chapter. 

‘‘(c) CONSTRUCTION OF PROVISIONS.—The procedures for military commissions set forth in this chapter are based upon the 

procedures for trial by general courts-martial under chapter 47 

of this title (the Uniform Code of Military Justice). Chapter 47 

of this title does not, by its terms, apply to trial by military commission except as specifically provided therein or in this chapter, and 

many of the provisions of chapter 47 of this title are by their 

terms inapplicable to military commissions. The judicial construction and application of chapter 47 of this title, while instructive, 

is therefore not of its own force binding on military commissions 

established under this chapter. 

‘‘(d) INAPPLICABILITY OF CERTAIN PROVISIONS.—(1) The following provisions of this title shall not apply to trial by military 

commission under this chapter: 


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123 STAT. 2576 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(A) Section 810 (article 10 of the Uniform Code of Military 

Justice), relating to speedy trial, including any rule of courtsmartial relating to speedy trial. 

‘‘(B) Sections 831(a), (b), and (d) (articles 31(a), (b), and 

(d) of the Uniform Code of Military Justice), relating to compulsory self-incrimination. 

‘‘(C) Section 832 (article 32 of the Uniform Code of Military 

Justice), relating to pretrial investigation. 

‘‘(2) Other provisions of chapter 47 of this title shall apply 

to trial by military commission under this chapter only to the 

extent provided by the terms of such provisions or by this chapter. 

‘‘(e) GENEVA CONVENTIONS NOT ESTABLISHING PRIVATE RIGHT

OF ACTION.—No alien unprivileged enemy belligerent subject to 

trial by military commission under this chapter may invoke the 

Geneva Conventions as a basis for a private right of action. 

‘‘§ 948c. Persons subject to military commissions 

‘‘Any alien unprivileged enemy belligerent is subject to trial 

by military commission as set forth in this chapter. 

‘‘§ 948d. Jurisdiction of military commissions 

‘‘A military commission under this chapter shall have jurisdiction to try persons subject to this chapter for any offense made 

punishable by this chapter, sections 904 and 906 of this title (articles 104 and 106 of the Uniform Code of Military Justice), or 

the law of war, whether such offense was committed before, on, 

or after September 11, 2001, and may, under such limitations 

as the President may prescribe, adjudge any punishment not forbidden by this chapter, including the penalty of death when specifically 

authorized under this chapter. A military commission is a competent 

tribunal to make a finding sufficient for jurisdiction. 

‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 

COMMISSIONS 

‘‘Sec. 

‘‘948h. Who may convene military commissions. 

‘‘948i. Who may serve on military commissions. 

‘‘948j. Military judge of a military commission. 

‘‘948k. Detail of trial counsel and defense counsel. 

‘‘948l. Detail or employment of reporters and interpreters. 

‘‘948m. Number of members; excuse of members; absent and additional members. 

‘‘§ 948h. Who may convene military commissions 

‘‘Military commissions under this chapter may be convened 

by the Secretary of Defense or by any officer or official of the 

United States designated by the Secretary for that purpose. 

‘‘§ 948i. Who may serve on military commissions 

‘‘(a) IN GENERAL.—Any commissioned officer of the armed forces 

on active duty is eligible to serve on a military commission under 

this chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers 

of the National Guard on active duty in Federal service, or retired 

commissioned officers recalled to active duty. 

‘‘(b) DETAIL OF MEMBERS.—When convening a military commission under this chapter, the convening authority shall detail as 

members thereof such members of the armed forces eligible under 

subsection (a) who, in the opinion of the convening authority, are 

Applicability. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2577 

best qualified for the duty by reason of age, education, training, 

experience, length of service, and judicial temperament. No member 

of an armed force is eligible to serve as a member of a military 

commission when such member is the accuser or a witness for 

the prosecution or has acted as an investigator or counsel in the 

same case. 

‘‘(c) EXCUSE OF MEMBERS.—Before a military commission under 

this chapter is assembled for the trial of a case, the convening 

authority may excuse a member from participating in the case. 

‘‘§ 948j. Military judge of a military commission 

‘‘(a) DETAIL OF MILITARY JUDGE.—A military judge shall be 

detailed to each military commission under this chapter. The Secretary of Defense shall prescribe regulations providing for the 

manner in which military judges are so detailed to military commissions. The military judge shall preside over each military commission to which such military judge has been detailed. 

‘‘(b) ELIGIBILITY.—A military judge shall be a commissioned 

officer of the armed forces who is a member of the bar of a Federal 

court, or a member of the bar of the highest court of a State, 

and who is certified to be qualified for duty under section 826 

of this title (article 26 of the Uniform Code of Military Justice) 

as a military judge of general courts-martial by the Judge Advocate 

General of the armed force of which such military judge is a 

member. 

‘‘(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person is 

eligible to act as military judge in a case of a military commission 

under this chapter if such person is the accuser or a witness 

or has acted as investigator or a counsel in the same case. 

‘‘(d) CONSULTATION WITH MEMBERS; INELIGIBILITY TO VOTE.— 

A military judge detailed to a military commission under this 

chapter may not consult with the members except in the presence 

of the accused (except as otherwise provided in section 949d of 

this title), trial counsel, and defense counsel, nor may such military 

judge vote with the members. 

‘‘(e) OTHER DUTIES.—A commissioned officer who is certified 

to be qualified for duty as a military judge of a military commission 

under this chapter may perform such other duties as are assigned 

to such officer by or with the approval of the Judge Advocate 

General of the armed force of which such officer is a member 

or the designee of such Judge Advocate General. 

‘‘(f) PROHIBITION ON EVALUATION OF FITNESS BY CONVENING

AUTHORITY.—The convening authority of a military commission 

under this chapter may not prepare or review any report concerning 

the effectiveness, fitness, or efficiency of a military judge detailed 

to the military commission which relates to such judge’s performance of duty as a military judge on the military commission. 

‘‘§ 948k. Detail of trial counsel and defense counsel 

‘‘(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial counsel and 

military defense counsel shall be detailed for each military commission under this chapter. 

‘‘(2) Assistant trial counsel and assistant and associate defense 

counsel may be detailed for a military commission under this 

chapter. 

‘‘(3) Military defense counsel for a military commission under 

this chapter shall be detailed as soon as practicable. 

Regulations. 


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‘‘(4) The Secretary of Defense shall prescribe regulations providing for the manner in which trial counsel and military defense 

counsel are detailed for military commissions under this chapter 

and for the persons who are authorized to detail such counsel 

for such military commissions. 

‘‘(b) TRIAL COUNSEL.—Subject to subsection (e), a trial counsel 

detailed for a military commission under this chapter shall be— 

‘‘(1) a judge advocate (as that term is defined in section 

801 of this title (article 1 of the Uniform Code of Military 

Justice)) who is— 

‘‘(A) a graduate of an accredited law school or a member 

of the bar of a Federal court or of the highest court of 

a State; and 

‘‘(B) certified as competent to perform duties as trial 

counsel before general courts-martial by the Judge Advocate General of the armed force of which such judge advocate is a member; or 

‘‘(2) a civilian who is— 

‘‘(A) a member of the bar of a Federal court or of 

the highest court of a State; and 

‘‘(B) otherwise qualified to practice before the military 

commission pursuant to regulations prescribed by the Secretary of Defense. 

‘‘(c) DEFENSE COUNSEL.—(1) Subject to subsection (e), a military 

defense counsel detailed for a military commission under this 

chapter shall be a judge advocate (as so defined) who is— 

‘‘(A) a graduate of an accredited law school or a member 

of the bar of a Federal court or of the highest court of a 

State; and 

‘‘(B) certified as competent to perform duties as defense 

counsel before general courts-martial by the Judge Advocate 

General of the armed force of which such judge advocate is 

a member. 

‘‘(2) The Secretary of Defense shall prescribe regulations for 

the appointment and performance of defense counsel in capital 

cases under this chapter. 

‘‘(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUNSEL.—(1) The 

Chief Prosecutor in a military commission under this chapter shall 

meet the requirements set forth in subsection (b)(1). 

‘‘(2) The Chief Defense Counsel in a military commission under 

this chapter shall meet the requirements set forth in subsection 

(c)(1). 

‘‘(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No person who 

has acted as an investigator, military judge, or member of a military 

commission under this chapter in any case may act later as trial 

counsel or military defense counsel in the same case. No person 

who has acted for the prosecution before a military commission 

under this chapter may act later in the same case for the defense, 

nor may any person who has acted for the defense before a military 

commission under this chapter act later in the same case for the 

prosecution. 

‘‘§ 948l. Detail or employment of reporters and interpreters 

‘‘(a) COURT REPORTERS.—Under such regulations as the Secretary of Defense may prescribe, the convening authority of a military commission under this chapter shall detail to or employ for 

the military commission qualified court reporters, who shall prepare 

Regulations. 

Regulations. 


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a verbatim record of the proceedings of and testimony taken before 

the military commission. 

‘‘(b) INTERPRETERS.—Under such regulations as the Secretary 

of Defense may prescribe, the convening authority of a military 

commission under this chapter may detail to or employ for the 

military commission interpreters who shall interpret for the military 

commission, and, as necessary, for trial counsel and defense counsel 

for the military commission, and for the accused. 

‘‘(c) TRANSCRIPT; RECORD.—The transcript of a military commission under this chapter shall be under the control of the convening 

authority of the military commission, who shall also be responsible 

for preparing the record of the proceedings of the military commission. 

‘‘§ 948m. Number of members; excuse of members; absent 

and additional members 

‘‘(a) NUMBER OF MEMBERS.—(1) Except as provided in paragraph (2), a military commission under this chapter shall have 

at least five members. 

‘‘(2) In a case in which the accused before a military commission 

under this chapter may be sentenced to a penalty of death, the 

military commission shall have the number of members prescribed 

by section 949m(c) of this title. 

‘‘(b) EXCUSE OF MEMBERS.—No member of a military commission under this chapter may be absent or excused after the military 

commission has been assembled for the trial of a case unless 

excused— 

‘‘(1) as a result of challenge; 

‘‘(2) by the military judge for physical disability or other 

good cause; or 

‘‘(3) by order of the convening authority for good cause. 

‘‘(c) ABSENT AND ADDITIONAL MEMBERS.—Whenever a military 

commission under this chapter is reduced below the number of 

members required by subsection (a), the trial may not proceed 

unless the convening authority details new members sufficient to 

provide not less than such number. The trial may proceed with 

the new members present after the recorded evidence previously 

introduced before the members has been read to the military 

commission in the presence of the military judge, the accused 

(except as provided in section 949d of this title), and counsel for 

both sides. 

‘‘SUBCHAPTER III—PRE-TRIAL PROCEDURE 

‘‘Sec. 

‘‘948q. Charges and specifications. 

‘‘948r. Exclusion of statements obtained by torture or cruel, inhuman, or degrading 

treatment; prohibition of self-incrimination; admission of other statements of the accused. 

‘‘948s. Service of charges. 

‘‘§ 948q. Charges and specifications 

‘‘(a) CHARGES AND SPECIFICATIONS.—Charges and specifications 

against an accused in a military commission under this chapter 

shall be signed by a person subject to chapter 47 of this title 

under oath before a commissioned officer of the armed forces authorized to administer oaths and shall state— 

‘‘(1) that the signer has personal knowledge of, or reason 

to believe, the matters set forth therein; and 


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‘‘(2) that such matters are true in fact to the best of 

the signer’s knowledge and belief. 

‘‘(b) NOTICE TO ACCUSED.—Upon the swearing of the charges 

and specifications in accordance with subsection (a), the accused 

shall be informed of the charges and specifications against the 

accused as soon as practicable. 

‘‘§ 948r. Exclusion of statements obtained by torture or cruel, 

inhuman, or degrading treatment; prohibition of 

self-incrimination; admission of other statements 

of the accused 

‘‘(a) EXCLUSION OF STATEMENTS OBTAIN BY TORTURE OR CRUEL, 

INHUMAN, OR DEGRADING TREATMENT.—No statement obtained by 

the use of torture or by cruel, inhuman, or degrading treatment 

(as defined by section 1003 of the Detainee Treatment Act of 2005 

(42 U.S.C. 2000dd)), whether or not under color of law, shall be 

admissible in a military commission under this chapter, except 

against a person accused of torture or such treatment as evidence 

that the statement was made. 

‘‘(b) SELF-INCRIMINATION PROHIBITED.—No person shall be 

required to testify against himself or herself at a proceeding of 

a military commission under this chapter. 

‘‘(c) OTHER STATEMENTS OF THE ACCUSED.—A statement of 

the accused may be admitted in evidence in a military commission 

under this chapter only if the military judge finds— 

‘‘(1) that the totality of the circumstances renders the statement reliable and possessing sufficient probative value; and 

‘‘(2) that— 

‘‘(A) the statement was made incident to lawful conduct 

during military operations at the point of capture or during 

closely related active combat engagement, and the interests 

of justice would best be served by admission of the statement into evidence; or 

‘‘(B) the statement was voluntarily given. 

‘‘(d) DETERMINATION OF VOLUNTARINESS.—In determining for 

purposes of subsection (c)(2)(B) whether a statement was voluntarily 

given, the military judge shall consider the totality of the circumstances, including, as appropriate, the following: 

‘‘(1) The details of the taking of the statement, accounting 

for the circumstances of the conduct of military and intelligence 

operations during hostilities. 

‘‘(2) The characteristics of the accused, such as military 

training, age, and education level. 

‘‘(3) The lapse of time, change of place, or change in identity 

of the questioners between the statement sought to be admitted 

and any prior questioning of the accused. 

‘‘§ 948s. Service of charges 

‘‘The trial counsel assigned to a case before a military commission under this chapter shall cause to be served upon the accused 

and military defense counsel a copy of the charges upon which 

trial is to be had in English and, if appropriate, in another language 

that the accused understands, sufficiently in advance of trial to 

prepare a defense. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2581 

‘‘SUBCHAPTER IV—TRIAL PROCEDURE 

‘‘Sec. 

‘‘949a. Rules. 

‘‘949b. Unlawfully influencing action of military commission and United States 

Court of Military Commission Review. ‘‘949c. Duties of trial counsel and defense counsel. 

‘‘949d. Sessions. 

‘‘949e. Continuances. 

‘‘949f. Challenges. 

‘‘949g. Oaths. 

‘‘949h. Former jeopardy. 

‘‘949i. Pleas of the accused. 

‘‘949j. Opportunity to obtain witnesses and other evidence. 

‘‘949k. Defense of lack of mental responsibility. 

‘‘949l. Voting and rulings. 

‘‘949m. Number of votes required. 

‘‘949n. Military commission to announce action. 

‘‘949o. Record of trial. 

‘‘§ 949a. Rules 

‘‘(a) PROCEDURES AND RULES OF EVIDENCE.—Pretrial, trial, and 

post-trial procedures, including elements and modes of proof, for 

cases triable by military commission under this chapter may be 

prescribed by the Secretary of Defense. Such procedures may not 

be contrary to or inconsistent with this chapter. Except as otherwise 

provided in this chapter or chapter 47 of this title, the procedures 

and rules of evidence applicable in trials by general courts-martial 

of the United States shall apply in trials by military commission 

under this chapter. 

‘‘(b) EXCEPTIONS.—(1) In trials by military commission under 

this chapter, the Secretary of Defense, in consultation with the 

Attorney General, may make such exceptions in the applicability 

of the procedures and rules of evidence otherwise applicable in 

general courts-martial as may be required by the unique circumstances of the conduct of military and intelligence operations 

during hostilities or by other practical need consistent with this 

chapter. 

‘‘(2) Notwithstanding any exceptions authorized by paragraph 

(1), the procedures and rules of evidence in trials by military 

commission under this chapter shall include, at a minimum, the 

following rights of the accused: 

‘‘(A) To present evidence in the accused’s defense, to crossexamine the witnesses who testify against the accused, and 

to examine and respond to all evidence admitted against the 

accused on the issue of guilt or innocence and for sentencing, 

as provided for by this chapter. 

‘‘(B) To be present at all sessions of the military commission 

(other than those for deliberations or voting), except when 

excluded under section 949d of this title. 

‘‘(C)(i) When none of the charges preferred against the 

accused are capital, to be represented before a military commission by civilian counsel if provided at no expense to the Government, and by either the defense counsel detailed or the military 

counsel of the accused’s own selection, if reasonably available. 

‘‘(ii) When any of the charges preferred against the accused 

are capital, to be represented before a military commission 

in accordance with clause (i) and, to the greatest extent practicable, by at least one additional counsel who is learned in 

applicable law relating to capital cases and who, if necessary, 

may be a civilian and compensated in accordance with regulations prescribed by the Secretary of Defense. 

Applicability. 


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123 STAT. 2582 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(D) To self-representation, if the accused knowingly and 

competently waives the assistance of counsel, subject to the 

provisions of paragraph (4). 

‘‘(E) To the suppression of evidence that is not reliable 

or probative. 

‘‘(F) To the suppression of evidence the probative value 

of which is substantially outweighed by— 

‘‘(i) the danger of unfair prejudice, confusion of the 

issues, or misleading the members; or 

‘‘(ii) considerations of undue delay, waste of time, or 

needless presentation of cumulative evidence. 

‘‘(3) In making exceptions in the applicability in trials by military commission under this chapter from the procedures and rules 

otherwise applicable in general courts-martial, the Secretary of 

Defense may provide the following: 

‘‘(A) Evidence seized outside the United States shall not 

be excluded from trial by military commission on the grounds 

that the evidence was not seized pursuant to a search warrant 

or authorization. 

‘‘(B) A statement of the accused that is otherwise admissible 

shall not be excluded from trial by military commission on 

grounds of alleged coercion or compulsory self-incrimination 

so long as the evidence complies with the provisions of section 

948r of this title. 

‘‘(C) Evidence shall be admitted as authentic so long as— 

‘‘(i) the military judge of the military commission determines that there is sufficient evidence that the evidence 

is what it is claimed to be; and 

‘‘(ii) the military judge instructs the members that 

they may consider any issue as to authentication or identification of evidence in determining the weight, if any, to 

be given to the evidence. 

‘‘(D) Hearsay evidence not otherwise admissible under the 

rules of evidence applicable in trial by general courts-martial 

may be admitted in a trial by military commission only if— 

‘‘(i) the proponent of the evidence makes known to 

the adverse party, sufficiently in advance to provide the 

adverse party with a fair opportunity to meet the evidence, 

the proponent’s intention to offer the evidence, and the 

particulars of the evidence (including information on the 

circumstances under which the evidence was obtained); 

and 

‘‘(ii) the military judge, after taking into account all 

of the circumstances surrounding the taking of the statement, including the degree to which the statement is 

corroborated, the indicia of reliability within the statement 

itself, and whether the will of the declarant was overborne, 

determines that— 

‘‘(I) the statement is offered as evidence of a material fact; 

‘‘(II) the statement is probative on the point for 

which it is offered; 

‘‘(III) direct testimony from the witness is not 

available as a practical matter, taking into consideration the physical location of the witness, the unique 

circumstances of military and intelligence operations 

during hostilities, and the adverse impacts on military 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2583 

or intelligence operations that would likely result from 

the production of the witness; and 

‘‘(IV) the general purposes of the rules of evidence 

and the interests of justice will best be served by 

admission of the statement into evidence. 

‘‘(4)(A) The accused in a military commission under this chapter 

who exercises the right to self-representation under paragraph 

(2)(D) shall conform the accused’s deportment and the conduct 

of the defense to the rules of evidence, procedure, and decorum 

applicable to trials by military commission. 

‘‘(B) Failure of the accused to conform to the rules described 

in subparagraph (A) may result in a partial or total revocation 

by the military judge of the right of self-representation under paragraph (2)(D). In such case, the military counsel of the accused 

or an appropriately authorized civilian counsel shall perform the 

functions necessary for the defense. 

‘‘(c) DELEGATION OF AUTHORITY TO PRESCRIBE REGULATIONS.— 

The Secretary of Defense may delegate the authority of the Secretary to prescribe regulations under this chapter. 

‘‘(d) NOTICE TO CONGRESS OF MODIFICATION OF RULES.—Not 

later than 60 days before the date on which any proposed modification of the rules in effect for military commissions under this 

chapter goes into effect, the Secretary of Defense shall submit 

to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report 

describing the proposed modification. 

‘‘§ 949b. Unlawfully influencing action of military commission 

and United States Court of Military Commission 

Review 

‘‘(a) MILITARY COMMISSIONS.—(1) No authority convening a military commission under this chapter may censure, reprimand, or 

admonish the military commission, or any member, military judge, 

or counsel thereof, with respect to the findings or sentence adjudged 

by the military commission, or with respect to any other exercises 

of its or their functions in the conduct of the proceedings. 

‘‘(2) No person may attempt to coerce or, by any unauthorized 

means, influence— 

‘‘(A) the action of a military commission under this chapter, 

or any member thereof, in reaching the findings or sentence 

in any case; 

‘‘(B) the action of any convening, approving, or reviewing 

authority with respect to their judicial acts; or 

‘‘(C) the exercise of professional judgment by trial counsel 

or defense counsel. 

‘‘(3) The provisions of this subsection shall not apply with 

respect to— 

‘‘(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose 

of instructing members of a command in the substantive and 

procedural aspects of military commissions; or 

‘‘(B) statements and instructions given in open proceedings 

by a military judge or counsel. 

‘‘(b) UNITED STATES COURT OF MILITARY COMMISSION REVIEW.— 

(1) No person may attempt to coerce or, by any unauthorized 

means, influence— 

Deadline. 

Reports. 


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123 STAT. 2584 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(A) the action of a military appellate judge or other duly 

appointed judge under this chapter on the United States Court 

of Military Commissions Review in reaching a decision on the 

findings or sentence on appeal in any case; or 

‘‘(B) the exercise of professional judgment by trial counsel 

or defense counsel appearing before the United States Court 

of Military Commission Review. 

‘‘(2) No person may censure, reprimand, or admonish a military 

appellate judge on the United States Court of Military Commission 

Review, or counsel thereof, with respect to any exercise of their 

functions in the conduct of proceedings under this chapter. 

‘‘(3) The provisions of this subsection shall not apply with 

respect to— 

‘‘(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose 

of instructing members of a command in the substantive and 

procedural aspects of military commissions; or 

‘‘(B) statements and instructions given in open proceedings 

by an appellate military judge or a duly appointed appellate 

judge on the United States Court of Military Commission 

Review, or counsel. 

‘‘(4) No appellate military judge on the United States Court 

of Military Commission Review may be reassigned to other duties, 

except under circumstances as follows: 

‘‘(A) The appellate military judge voluntarily requests to 

be reassigned to other duties and the Secretary of Defense, 

or the designee of the Secretary, in consultation with the Judge 

Advocate General of the armed force of which the appellate 

military judge is a member, approves such reassignment. 

‘‘(B) The appellate military judge retires or otherwise separates from the armed forces. 

‘‘(C) The appellate military judge is reassigned to other 

duties by the Secretary of Defense, or the designee of the 

Secretary, in consultation with the Judge Advocate General 

of the armed force of which the appellate military judge is 

a member, based on military necessity and such reassignment 

is consistent with service rotation regulations (to the extent 

such regulations are applicable). 

‘‘(D) The appellate military judge is withdrawn by the 

Secretary of Defense, or the designee of the Secretary, in consultation with the Judge Advocate General of the armed force 

of which the appellate military judge is a member, for good 

cause consistent with applicable procedures under chapter 47 

of this title (the Uniform Code of Military Justice). 

‘‘(c) PROHIBITION ON CONSIDERATION OF ACTIONS ON COMMISSION IN EVALUATION OF FITNESS.—In the preparation of an effectiveness, fitness, or efficiency report or any other report or document 

used in whole or in part for the purpose of determining whether 

a commissioned officer of the armed forces is qualified to be 

advanced in grade, or in determining the assignment or transfer 

of any such officer or whether any such officer should be retained 

on active duty, no person may— 

‘‘(1) consider or evaluate the performance of duty of any 

member of a military commission under this chapter; or 

‘‘(2) give a less favorable rating or evaluation to any 

commissioned officer because of the zeal with which such officer, 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2585 

in acting as counsel, represented any accused before a military 

commission under this chapter. 

‘‘§ 949c. Duties of trial counsel and defense counsel 

‘‘(a) TRIAL COUNSEL.—The trial counsel of a military commission under this chapter shall prosecute in the name of the United 

States. 

‘‘(b) DEFENSE COUNSEL.—(1) The accused shall be represented 

in the accused’s defense before a military commission under this 

chapter as provided in this subsection. 

‘‘(2) The accused may be represented by military counsel 

detailed under section 948k of this title or by military counsel 

of the accused’s own selection, if reasonably available. 

‘‘(3) The accused may be represented by civilian counsel if 

retained by the accused, provided that such civilian counsel— 

‘‘(A) is a United States citizen; 

‘‘(B) is admitted to the practice of law in a State, district, 

or possession of the United States, or before a Federal court; 

‘‘(C) has not been the subject of any sanction of disciplinary 

action by any court, bar, or other competent governmental 

authority for relevant misconduct; 

‘‘(D) has been determined to be eligible for access to 

information classified at the level Secret or higher; and 

‘‘(E) has signed a written agreement to comply with all 

applicable regulations or instructions for counsel, including any 

rules of court for conduct during the proceedings. 

‘‘(4) If the accused is represented by civilian counsel, military 

counsel shall act as associate counsel. 

‘‘(5) The accused is not entitled to be represented by more 

than one military counsel. However, the person authorized under 

regulations prescribed under section 948k of this title to detail 

counsel, in such person’s sole discretion, may detail additional military counsel to represent the accused. 

‘‘(6) Defense counsel may cross-examine each witness for the 

prosecution who testifies before a military commission under this 

chapter. 

‘‘(7) Civilian defense counsel shall protect any classified 

information received during the course of representation of the 

accused in accordance with all applicable law governing the protection of classified information, and may not divulge such information 

to any person not authorized to receive it. 

‘‘§ 949d. Sessions 

‘‘(a) SESSIONS WITHOUT PRESENCE OF MEMBERS.—(1) At any 

time after the service of charges which have been referred for 

trial by military commission under this chapter, the military judge 

may call the military commission into session without the presence 

of the members for the purpose of— 

‘‘(A) hearing and determining motions raising defenses or 

objections which are capable of determination without trial 

of the issues raised by a plea of not guilty; 

‘‘(B) hearing and ruling upon any matter which may be 

ruled upon by the military judge under this chapter, whether 

or not the matter is appropriate for later consideration or 

decision by the members; 

‘‘(C) if permitted by regulations prescribed by the Secretary 

of Defense, receiving the pleas of the accused; and 

Regulations. 


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123 STAT. 2586 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(D) performing any other procedural function which may 

be performed by the military judge under this chapter or under 

rules prescribed pursuant to section 949a of this title and 

which does not require the presence of the members. 

‘‘(2) Except as provided in subsections (b), (c), and (d), any 

proceedings under paragraph (1) shall be conducted in the presence 

of the accused, defense counsel, and trial counsel, and shall be 

made part of the record. 

‘‘(b) DELIBERATION OR VOTE OF MEMBERS.—When the members 

of a military commission under this chapter deliberate or vote, 

only the members may be present. 

‘‘(c) CLOSURE OF PROCEEDINGS.—(1) The military judge may 

close to the public all or part of the proceedings of a military 

commission under this chapter. 

‘‘(2) The military judge may close to the public all or a portion 

of the proceedings under paragraph (1) only upon making a specific 

finding that such closure is necessary to— 

‘‘(A) protect information the disclosure of which could 

reasonably be expected to cause damage to the national security, including intelligence or law enforcement sources, methods, 

or activities; or 

‘‘(B) ensure the physical safety of individuals. 

‘‘(3) A finding under paragraph (2) may be based upon a presentation, including a presentation ex parte or in camera, by either 

trial counsel or defense counsel. 

‘‘(d) EXCLUSION OF ACCUSED FROM CERTAIN PROCEEDINGS.— 

The military judge may exclude the accused from any portion of 

a proceeding upon a determination that, after being warned by 

the military judge, the accused persists in conduct that justifies 

exclusion from the courtroom— 

‘‘(1) to ensure the physical safety of individuals; or 

‘‘(2) to prevent disruption of the proceedings by the accused. 

‘‘§ 949e. Continuances 

‘‘The military judge in a military commission under this chapter 

may, for reasonable cause, grant a continuance to any party for 

such time, and as often, as may appear to be just. 

‘‘§ 949f. Challenges 

‘‘(a) CHALLENGES AUTHORIZED.—The military judge and members of a military commission under this chapter may be challenged 

by the accused or trial counsel for cause stated to the military 

commission. The military judge shall determine the relevance and 

validity of challenges for cause, and may not receive a challenge 

to more than one person at a time. Challenges by trial counsel 

shall ordinarily be presented and decided before those by the 

accused are offered. 

‘‘(b) PEREMPTORY CHALLENGES.—The accused and trial counsel 

are each entitled to one peremptory challenge, but the military 

judge may not be challenged except for cause. 

‘‘(c) CHALLENGES AGAINST ADDITIONAL MEMBERS.—Whenever 

additional members are detailed to a military commission under 

this chapter, and after any challenges for cause against such additional members are presented and decided, the accused and trial 

counsel are each entitled to one peremptory challenge against members not previously subject to peremptory challenge. 

Determination. 

Determination. 

Records. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2587 

‘‘§ 949g. Oaths 

‘‘(a) IN GENERAL.—(1) Before performing their respective duties 

in a military commission under this chapter, military judges, members, trial counsel, defense counsel, reporters, and interpreters shall 

take an oath to perform their duties faithfully. 

‘‘(2) The form of the oath required by paragraph (1), the time 

and place of the taking thereof, the manner of recording thereof, 

and whether the oath shall be taken for all cases in which duties 

are to be performed or for a particular case, shall be as provided 

in regulations prescribed by the Secretary of Defense. The regulations may provide that— 

‘‘(A) an oath to perform faithfully duties as a military 

judge, trial counsel, or defense counsel may be taken at any 

time by any judge advocate or other person certified to be 

qualified or competent for the duty; and 

‘‘(B) if such an oath is taken, such oath need not again 

be taken at the time the judge advocate or other person is 

detailed to that duty. 

‘‘(b) WITNESSES.—Each witness before a military commission 

under this chapter shall be examined on oath. 

‘‘(c) OATH DEFINED.—In this section, the term ‘oath’ includes 

an affirmation. 

‘‘§ 949h. Former jeopardy 

‘‘(a) IN GENERAL.—No person may, without the person’s consent, 

be tried by a military commission under this chapter a second 

time for the same offense. 

‘‘(b) SCOPE OF TRIAL.—No proceeding in which the accused 

has been found guilty by military commission under this chapter 

upon any charge or specification is a trial in the sense of this 

section until the finding of guilty has become final after review 

of the case has been fully completed. 

‘‘§ 949i. Pleas of the accused 

‘‘(a) PLEA OF NOT GUILTY.—If an accused in a military commission under this chapter after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered 

the plea of guilty through lack of understanding of its meaning 

and effect, or if the accused fails or refuses to plead, a plea of 

not guilty shall be entered in the record, and the military commission shall proceed as though the accused had pleaded not guilty. 

‘‘(b) FINDING OF GUILT AFTER GUILTY PLEA.—With respect to 

any charge or specification to which a plea of guilty has been 

made by the accused in a military commission under this chapter 

and accepted by the military judge, a finding of guilty of the 

charge or specification may be entered immediately without a vote. 

The finding shall constitute the finding of the military commission 

unless the plea of guilty is withdrawn prior to announcement of 

the sentence, in which event the proceedings shall continue as 

though the accused had pleaded not guilty. 

‘‘§ 949j. Opportunity to obtain witnesses and other evidence 

‘‘(a) IN GENERAL.—(1) Defense counsel in a military commission 

under this chapter shall have a reasonable opportunity to obtain 

witnesses and other evidence as provided in regulations prescribed 

by the Secretary of Defense. The opportunity to obtain witnesses 

and evidence shall be comparable to the opportunity available to 

Regulations. 

Regulations. 


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123 STAT. 2588 PUBLIC LAW 111–84—OCT. 28, 2009 

a criminal defendant in a court of the United States under article 

III of the Constitution. 

‘‘(2) Process issued in military commissions under this chapter 

to compel witnesses to appear and testify and to compel the production of other evidence— 

‘‘(A) shall be similar to that which courts of the United 

States having criminal jurisdiction may lawfully issue; and 

‘‘(B) shall run to any place where the United States shall 

have jurisdiction thereof. 

‘‘(b) DISCLOSURE OF EXCULPATORY EVIDENCE.—(1) As soon as 

practicable, trial counsel in a military commission under this 

chapter shall disclose to the defense the existence of any evidence 

that reasonably tends to— 

‘‘(A) negate the guilt of the accused of an offense charged; 

or 

‘‘(B) reduce the degree of guilt of the accused with respect 

to an offense charged. 

‘‘(2) The trial counsel shall, as soon as practicable, disclose 

to the defense the existence of evidence that reasonably tends 

to impeach the credibility of a witness whom the government 

intends to call at trial. 

‘‘(3) The trial counsel shall, as soon as practicable upon a 

finding of guilt, disclose to the defense the existence of evidence 

that is not subject to paragraph (1) or paragraph (2) but that 

reasonably may be viewed as mitigation evidence at sentencing. 

‘‘(4) The disclosure obligations under this subsection encompass 

evidence that is known or reasonably should be known to any 

government officials who participated in the investigation and 

prosecution of the case against the defendant. 

‘‘§ 949k. Defense of lack of mental responsibility 

‘‘(a) AFFIRMATIVE DEFENSE.—It is an affirmative defense in 

a trial by military commission under this chapter that, at the 

time of the commission of the acts constituting the offense, the 

accused, as a result of a severe mental disease or defect, was 

unable to appreciate the nature and quality or the wrongfulness 

of the acts. Mental disease or defect does not otherwise constitute 

a defense. 

‘‘(b) BURDEN OF PROOF.—The accused in a military commission 

under this chapter has the burden of proving the defense of lack 

of mental responsibility by clear and convincing evidence. 

‘‘(c) FINDINGS FOLLOWING ASSERTION OF DEFENSE.—Whenever 

lack of mental responsibility of the accused with respect to an 

offense is properly at issue in a military commission under this 

chapter, the military judge shall instruct the members as to the 

defense of lack of mental responsibility under this section and 

shall charge the members to find the accused— 

‘‘(1) guilty; 

‘‘(2) not guilty; or 

‘‘(3) subject to subsection (d), not guilty by reason of lack 

of mental responsibility. 

‘‘(d) MAJORITY VOTE REQUIRED FOR FINDING.—The accused shall 

be found not guilty by reason of lack of mental responsibility under 

subsection (c)(3) only if a majority of the members present at 

the time the vote is taken determines that the defense of lack 

of mental responsibility has been established. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2589 

‘‘§ 949l. Voting and rulings 

‘‘(a) VOTE BY SECRET WRITTEN BALLOT.—Voting by members 

of a military commission under this chapter on the findings and 

on the sentence shall be by secret written ballot. 

‘‘(b) RULINGS.—(1) The military judge in a military commission 

under this chapter shall rule upon all questions of law, including 

the admissibility of evidence and all interlocutory questions arising 

during the proceedings. 

‘‘(2) Any ruling made by the military judge upon a question 

of law or an interlocutory question (other than the factual issue 

of mental responsibility of the accused) is conclusive and constitutes 

the ruling of the military commission. However, a military judge 

may change such a ruling at any time during the trial. 

‘‘(c) INSTRUCTIONS PRIOR TO VOTE.—Before a vote is taken 

of the findings of a military commission under this chapter, the 

military judge shall, in the presence of the accused and counsel, 

instruct the members as to the elements of the offense and charge 

the members— 

‘‘(1) that the accused must be presumed to be innocent 

until the accused’s guilt is established by legal and competent 

evidence beyond a reasonable doubt; 

‘‘(2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must 

be resolved in favor of the accused and the accused must 

be acquitted; 

‘‘(3) that, if there is reasonable doubt as to the degree 

of guilt, the finding must be in a lower degree as to which 

there is no reasonable doubt; and 

‘‘(4) that the burden of proof to establish the guilt of the 

accused beyond a reasonable doubt is upon the United States. 

‘‘§ 949m. Number of votes required 

‘‘(a) CONVICTION.—No person may be convicted by a military 

commission under this chapter of any offense, except as provided 

in section 949i(b) of this title or by concurrence of two-thirds of 

the members present at the time the vote is taken. 

‘‘(b) SENTENCES.—(1) Except as provided in paragraphs (2) and 

(3), sentences shall be determined by a military commission by 

the concurrence of two-thirds of the members present at the time 

the vote is taken. 

‘‘(2) No person may be sentenced to death by a military commission, except insofar as— 

‘‘(A) the penalty of death has been expressly authorized 

under this chapter, chapter 47 of this title, or the law of 

war for an offense of which the accused has been found guilty; 

‘‘(B) trial counsel expressly sought the penalty of death 

by filing an appropriate notice in advance of trial; 

‘‘(C) the accused was convicted of the offense by the concurrence of all the members present at the time the vote is taken; 

and 

‘‘(D) all members present at the time the vote was taken 

concurred in the sentence of death. 

‘‘(3) No person may be sentenced to life imprisonment, or to 

confinement for more than 10 years, by a military commission 

under this chapter except by the concurrence of three-fourths of 

the members present at the time the vote is taken. 

Determination. 


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‘‘(c) NUMBER OF MEMBERS REQUIRED FOR PENALTY OF DEATH.— (1) Except as provided in paragraph (2), in a case in which the 

penalty of death is sought, the number of members of the military 

commission under this chapter shall be not less than 12 members. 

‘‘(2) In any case described in paragraph (1) in which 12 members 

are not reasonably available for a military commission because 

of physical conditions or military exigencies, the convening authority 

shall specify a lesser number of members for the military commission (but not fewer than 9 members), and the military commission 

may be assembled, and the trial held, with not less than the 

number of members so specified. In any such case, the convening 

authority shall make a detailed written statement, to be appended 

to the record, stating why a greater number of members were 

not reasonably available. 

‘‘§ 949n. Military commission to announce action 

‘‘A military commission under this chapter shall announce its 

findings and sentence to the parties as soon as determined. 

‘‘§ 949o. Record of trial 

‘‘(a) RECORD; AUTHENTICATION.—Each military commission 

under this chapter shall keep a separate, verbatim, record of the 

proceedings in each case brought before it, and the record shall 

be authenticated by the signature of the military judge. If the 

record cannot be authenticated by the military judge by reason 

of death, disability, or absence, it shall be authenticated by the 

signature of the trial counsel or by a member of the commission 

if the trial counsel is unable to authenticate it by reason of death, 

disability, or absence. Where appropriate, and as provided in regulations prescribed by the Secretary of Defense, the record of a military 

commission under this chapter may contain a classified annex. 

‘‘(b) COMPLETE RECORD REQUIRED.—A complete record of the 

proceedings and testimony shall be prepared in every military 

commission under this chapter. 

‘‘(c) PROVISION OF COPY TO ACCUSED.—A copy of the record 

of the proceedings of the military commission under this chapter 

shall be given the accused as soon as it is authenticated. If the 

record contains classified information, or a classified annex, the 

accused shall receive a redacted version of the record consistent 

with the requirements of subchapter V of this chapter. Defense 

counsel shall have access to the unredacted record, as provided 

in regulations prescribed by the Secretary of Defense. 

‘‘SUBCHAPTER V—CLASSIFIED INFORMATION PROCEDURES 

‘‘Sec. 

‘‘949p–1. Protection of classified information: applicability of subchapter. 

‘‘949p–2. Pretrial conference. 

‘‘949p–3. Protective orders. 

‘‘949p–4. Discovery of, and access to, classified information by the accused. 

‘‘949p–5. Notice by accused of intention to disclose classified information. 

‘‘949p–6. Procedure for cases involving classified information. 

‘‘949p–7. Introduction of classified information into evidence. 

‘‘§ 949p–1. Protection of classified information: applicability 

of subchapter 

‘‘(a) PROTECTION OF CLASSIFIED INFORMATION.—Classified 

information shall be protected and is privileged from disclosure 

if disclosure would be detrimental to the national security. Under 

Regulations. 


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no circumstances may a military judge order the release of classified 

information to any person not authorized to receive such information. 

‘‘(b) ACCESS TO EVIDENCE.—Any information admitted into evidence pursuant to any rule, procedure, or order by the military 

judge shall be provided to the accused. 

‘‘(c) DECLASSIFICATION.—Trial counsel shall work with the 

original classification authorities for evidence that may be used 

at trial to ensure that such evidence is declassified to the maximum 

extent possible, consistent with the requirements of national security. A decision not to declassify evidence under this section shall 

not be subject to review by a military commission or upon appeal. 

‘‘(d) CONSTRUCTION OF PROVISIONS.—The judicial construction 

of the Classified Information Procedures Act (18 U.S.C. App.) shall 

be authoritative in the interpretation of this subchapter, except 

to the extent that such construction is inconsistent with the specific 

requirements of this chapter. 

‘‘§ 949p–2. Pretrial conference 

‘‘(a) MOTION.—At any time after service of charges, any party 

may move for a pretrial conference to consider matters relating 

to classified information that may arise in connection with the 

prosecution. 

‘‘(b) CONFERENCE.—Following a motion under subsection (a), 

or sua sponte, the military judge shall promptly hold a pretrial 

conference. Upon request by either party, the court shall hold 

such conference ex parte to the extent necessary to protect classified 

information from disclosure, in accordance with the practice of 

the Federal courts under the Classified Information Procedures 

Act (18 U.S.C. App.). 

‘‘(c) MATTERS TO BE ESTABLISHED AT PRETRIAL CONFERENCE.— 

‘‘(1) TIMING OF SUBSEQUENT ACTIONS.—At the pretrial conference, the military judge shall establish the timing of— 

‘‘(A) requests for discovery; 

‘‘(B) the provision of notice required by section 949p– 

5 of this title; and 

‘‘(C) the initiation of the procedure established by section 949p–6 of this title. 

‘‘(2) OTHER MATTERS.—At the pretrial conference, the military judge may also consider any matter— 

‘‘(A) which relates to classified information; or 

‘‘(B) which may promote a fair and expeditious trial. 

‘‘(d) EFFECT OF ADMISSIONS BY ACCUSED AT PRETRIAL CONFERENCE.—No admission made by the accused or by any counsel 

for the accused at a pretrial conference under this section may 

be used against the accused unless the admission is in writing 

and is signed by the accused and by the counsel for the accused. 

‘‘§ 949p–3. Protective orders 

‘‘Upon motion of the trial counsel, the military judge shall 

issue an order to protect against the disclosure of any classified 

information that has been disclosed by the United States to any 

accused in any military commission under this chapter or that 

has otherwise been provided to, or obtained by, any such accused 

in any such military commission. 


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‘‘§ 949p–4. Discovery of, and access to, classified information 

by the accused 

‘‘(a) LIMITATIONS ON DISCOVERY OR ACCESS BY THE ACCUSED.— ‘‘(1) DECLARATIONS BY THE UNITED STATES OF DAMAGE TO

NATIONAL SECURITY.—In any case before a military commission 

in which the United States seeks to delete, withhold, or otherwise obtain other relief with respect to the discovery of or 

access to any classified information, the trial counsel shall 

submit a declaration invoking the United States’ classified 

information privilege and setting forth the damage to the 

national security that the discovery of or access to such information reasonably could be expected to cause. The declaration 

shall be signed by a knowledgeable United States official possessing authority to classify information. 

‘‘(2) STANDARD FOR AUTHORIZATION OF DISCOVERY OR

ACCESS.—Upon the submission of a declaration under paragraph (1), the military judge may not authorize the discovery 

of or access to such classified information unless the military 

judge determines that such classified information would be 

noncumulative, relevant, and helpful to a legally cognizable 

defense, rebuttal of the prosecution’s case, or to sentencing, 

in accordance with standards generally applicable to discovery 

of or access to classified information in Federal criminal cases. 

If the discovery of or access to such classified information 

is authorized, it shall be addressed in accordance with the 

requirements of subsection (b). 

‘‘(b) DISCOVERY OF CLASSIFIED INFORMATION.— ‘‘(1) SUBSTITUTIONS AND OTHER RELIEF.—The military 

judge, in assessing the accused’s discovery of or access to classified information under this section, may authorize the United 

States— 

‘‘(A) to delete or withhold specified items of classified 

information; 

‘‘(B) to substitute a summary for classified information; 

or 

‘‘(C) to substitute a statement admitting relevant facts 

that the classified information or material would tend to 

prove. 

‘‘(2) EX PARTE PRESENTATIONS.—The military judge shall 

permit the trial counsel to make a request for an authorization 

under paragraph (1) in the form of an ex parte presentation 

to the extent necessary to protect classified information, in 

accordance with the practice of the Federal courts under the 

Classified Information Procedures Act (18 U.S.C. App.). If the 

military judge enters an order granting relief following such 

an ex parte showing, the entire presentation (including the 

text of any written submission, verbatim transcript of the ex 

parte oral conference or hearing, and any exhibits received 

by the court as part of the ex parte presentation) shall be 

sealed and preserved in the records of the military commission 

to be made available to the appellate court in the event of 

an appeal. 

‘‘(3) ACTION BY MILITARY JUDGE.—The military judge shall 

grant the request of the trial counsel to substitute a summary 

or to substitute a statement admitting relevant facts, or to 

provide other relief in accordance with paragraph (1), if the 

military judge finds that the summary, statement, or other 


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relief would provide the accused with substantially the same 

ability to make a defense as would discovery of or access 

to the specific classified information. 

‘‘(c) RECONSIDERATION.—An order of a military judge authorizing a request of the trial counsel to substitute, summarize, withhold, or prevent access to classified information under this section 

is not subject to a motion for reconsideration by the accused, if 

such order was entered pursuant to an ex parte showing under 

this section. 

‘‘§ 949p–5. Notice by accused of intention to disclose classified 

information 

‘‘(a) NOTICE BY ACCUSED.— ‘‘(1) NOTIFICATION OF TRIAL COUNSEL AND MILITARY

JUDGE.—If an accused reasonably expects to disclose, or to 

cause the disclosure of, classified information in any manner 

in connection with any trial or pretrial proceeding involving 

the prosecution of such accused, the accused shall, within the 

time specified by the military judge or, where no time is specified, within 30 days before trial, notify the trial counsel and 

the military judge in writing. Such notice shall include a brief 

description of the classified information. Whenever the accused 

learns of additional classified information the accused reasonably expects to disclose, or to cause the disclosure of, at any 

such proceeding, the accused shall notify trial counsel and 

the military judge in writing as soon as possible thereafter 

and shall include a brief description of the classified information. 

‘‘(2) LIMITATION ON DISCLOSURE BY ACCUSED.—No accused 

shall disclose, or cause the disclosure of, any information known 

or believed to be classified in connection with a trial or pretrial 

proceeding until— 

‘‘(A) notice has been given under paragraph (1); and 

‘‘(B) the United States has been afforded a reasonable 

opportunity to seek a determination pursuant to the procedure set forth in section 949p–6 of this title and the time 

for the United States to appeal such determination under 

section 950d of this title has expired or any appeal under 

that section by the United States is decided. 

‘‘(b) FAILURE TO COMPLY.—If the accused fails to comply with 

the requirements of subsection (a), the military judge— 

‘‘(1) may preclude disclosure of any classified information 

not made the subject of notification; and 

‘‘(2) may prohibit the examination by the accused of any 

witness with respect to any such information. 

‘‘§ 949p–6. Procedure for cases involving classified information 

‘‘(a) MOTION FOR HEARING.— 

‘‘(1) REQUEST FOR HEARING.—Within the time specified by 

the military judge for the filing of a motion under this section, 

either party may request the military judge to conduct a 

hearing to make all determinations concerning the use, relevance, or admissibility of classified information that would 

otherwise be made during the trial or pretrial proceeding. 

‘‘(2) CONDUCT OF HEARING.—Upon a request by either party 

under paragraph (1), the military judge shall conduct such 

Deadline. 


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a hearing and shall rule prior to conducting any further proceedings. 

‘‘(3) IN CAMERA HEARING UPON DECLARATION TO COURT BY

APPROPRIATE OFFICIAL OF RISK OF DISCLOSURE OF CLASSIFIED

INFORMATION.—Any hearing held pursuant to this subsection 

(or any portion of such hearing specified in the request of 

a knowledgeable United States official) shall be held in camera 

if a knowledgeable United States official possessing authority 

to classify information submits to the military judge a declaration that a public proceeding may result in the disclosure 

of classified information. Classified information is not subject 

to disclosure under this section unless the information is relevant and necessary to an element of the offense or a legally 

cognizable defense and is otherwise admissible in evidence. 

‘‘(4) MILITARY JUDGE TO MAKE DETERMINATIONS IN

WRITING.—As to each item of classified information, the military 

judge shall set forth in writing the basis for the determination. 

‘‘(b) NOTICE AND USE OF CLASSIFIED INFORMATION BY THE

GOVERNMENT.— 

‘‘(1) NOTICE TO ACCUSED.—Before any hearing is conducted 

pursuant to a request by the trial counsel under subsection 

(a), trial counsel shall provide the accused with notice of the 

classified information that is at issue. Such notice shall identify 

the specific classified information at issue whenever that 

information previously has been made available to the accused 

by the United States. When the United States has not previously made the information available to the accused in connection with the case the information may be described by generic 

category, in such forms as the military judge may approve, 

rather than by identification of the specific information of concern to the United States. 

‘‘(2) ORDER BY MILITARY JUDGE UPON REQUEST OF

ACCUSED.—Whenever the trial counsel requests a hearing under 

subsection (a), the military judge, upon request of the accused, 

may order the trial counsel to provide the accused, prior to 

trial, such details as to the portion of the charge or specification 

at issue in the hearing as are needed to give the accused 

fair notice to prepare for the hearing. 

‘‘(c) SUBSTITUTIONS.— 

‘‘(1) IN CAMERA PRETRIAL HEARING.—Upon request of the 

trial counsel pursuant to the Military Commission Rules of 

Evidence, and in accordance with the security procedures established by the military judge, the military judge shall conduct 

a classified in camera pretrial hearing concerning the admissibility of classified information. 

‘‘(2) PROTECTION OF SOURCES, METHODS, AND ACTIVITIES

BY WHICH EVIDENCE ACQUIRED.—When trial counsel seeks to 

introduce evidence before a military commission under this 

chapter and the Executive branch has classified the sources, 

methods, or activities by which the United States acquired 

the evidence, the military judge shall permit trial counsel to 

introduce the evidence, including a substituted evidentiary 

foundation pursuant to the procedures described in subsection 

(d), while protecting from disclosure information identifying 

those sources, methods, or activities, if— 

‘‘(A) the evidence is otherwise admissible; and 

‘‘(B) the military judge finds that— 


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‘‘(i) the evidence is reliable; and 

‘‘(ii) the redaction is consistent with affording the 

accused a fair trial. 

‘‘(d) ALTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED

INFORMATION.— 

‘‘(1) MOTION BY THE UNITED STATES.—Upon any determination by the military judge authorizing the disclosure of specific 

classified information under the procedures established by this 

section, the trial counsel may move that, in lieu of the disclosure 

of such specific classified information, the military judge order— 

‘‘(A) the substitution for such classified information 

of a statement admitting relevant facts that the specific 

classified information would tend to prove; 

‘‘(B) the substitution for such classified information 

of a summary of the specific classified information; or 

‘‘(C) any other procedure or redaction limiting the 

disclosure of specific classified information. 

‘‘(2) ACTION ON MOTION.—The military judge shall grant 

such a motion of the trial counsel if the military judge finds 

that the statement, summary, or other procedure or redaction 

will provide the defendant with substantially the same ability 

to make his defense as would disclosure of the specific classified 

information. 

‘‘(3) HEARING ON MOTION.—The military judge shall hold 

a hearing on any motion under this subsection. Any such 

hearing shall be held in camera at the request of a knowledgeable United States official possessing authority to classify 

information. 

‘‘(4) SUBMISSION OF STATEMENT OF DAMAGE TO NATIONAL

SECURITY IF DISCLOSURE ORDERED.—The trial counsel may, in 

connection with a motion under paragraph (1), submit to the 

military judge a declaration signed by a knowledgeable United 

States official possessing authority to classify information certifying that disclosure of classified information would cause 

identifiable damage to the national security of the United States 

and explaining the basis for the classification of such information. If so requested by the trial counsel, the military judge 

shall examine such declaration during an ex parte presentation. 

‘‘(e) SEALING OF RECORDS OF IN CAMERA HEARINGS.—If at the 

close of an in camera hearing under this section (or any portion 

of a hearing under this section that is held in camera), the military 

judge determines that the classified information at issue may not 

be disclosed or elicited at the trial or pretrial proceeding, the 

record of such in camera hearing shall be sealed and preserved 

for use in the event of an appeal. The accused may seek reconsideration of the military judge’s determination prior to or during trial. 

‘‘(f) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION

BY THE ACCUSED; RELIEF FOR ACCUSED WHEN THE UNITED STATES

OPPOSES DISCLOSURE.— 

‘‘(1) ORDER TO PREVENT DISCLOSURE BY ACCUSED.—Whenever the military judge denies a motion by the trial counsel 

that the judge issue an order under subsection (a), (c), or 

(d) and the trial counsel files with the military judge a declaration signed by a knowledgeable United States official possessing 

authority to classify information objecting to disclosure of the 

classified information at issue, the military judge shall order 

Certification. 


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that the accused not disclose or cause the disclosure of such 

information. 

‘‘(2) RESULT OF ORDER UNDER PARAGRAPH (1).—Whenever 

an accused is prevented by an order under paragraph (1) from 

disclosing or causing the disclosure of classified information, 

the military judge shall dismiss the case, except that, when 

the military judge determines that the interests of justice would 

not be served by dismissal of the case, the military judge 

shall order such other action, in lieu of dismissing the charge 

or specification, as the military judge determines is appropriate. 

Such action may include, but need not be limited to, the following: 

‘‘(A) Dismissing specified charges or specifications. 

‘‘(B) Finding against the United States on any issue 

as to which the excluded classified information relates. 

‘‘(C) Striking or precluding all or part of the testimony 

of a witness. 

‘‘(3) TIME FOR THE UNITED STATES TO SEEK INTERLOCUTORY

APPEAL.—An order under paragraph (2) shall not take effect 

until the military judge has afforded the United States— 

‘‘(A) an opportunity to appeal such order under section 

950d of this title; and 

‘‘(B) an opportunity thereafter to withdraw its objection 

to the disclosure of the classified information at issue. 

‘‘(g) RECIPROCITY.— 

‘‘(1) DISCLOSURE OF REBUTTAL INFORMATION.—Whenever 

the military judge determines that classified information may 

be disclosed in connection with a trial or pretrial proceeding, 

the military judge shall, unless the interests of fairness do 

not so require, order the United States to provide the accused 

with the information it expects to use to rebut the classified 

information. The military judge may place the United States 

under a continuing duty to disclose such rebuttal information. 

‘‘(2) SANCTION FOR FAILURE TO COMPLY.—If the United 

States fails to comply with its obligation under this subsection, 

the military judge— 

‘‘(A) may exclude any evidence not made the subject 

of a required disclosure; and 

‘‘(B) may prohibit the examination by the United States 

of any witness with respect to such information. 

‘‘§ 949p–7. Introduction of classified information into evidence 

‘‘(a) PRESERVATION OF CLASSIFICATION STATUS.—Writings, 

recordings, and photographs containing classified information may 

be admitted into evidence in proceedings of military commissions 

under this chapter without change in their classification status. 

‘‘(b) PRECAUTIONS BY MILITARY JUDGES.— 

‘‘(1) PRECAUTIONS IN ADMITTING CLASSIFIED INFORMATION

INTO EVIDENCE.—The military judge in a trial by military 

commission, in order to prevent unnecessary disclosure of classified information, may order admission into evidence of only 

part of a writing, recording, or photograph, or may order admission into evidence of the whole writing, recording, or photograph 

with excision of some or all of the classified information contained therein, unless the whole ought in fairness be considered. 


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‘‘(2) CLASSIFIED INFORMATION KEPT UNDER SEAL.—The military judge shall allow classified information offered or accepted 

into evidence to remain under seal during the trial, even if 

such evidence is disclosed in the military commission, and 

may, upon motion by the United States, seal exhibits containing 

classified information for any period after trial as necessary 

to prevent a disclosure of classified information when a 

knowledgeable United States official possessing authority to 

classify information submits to the military judge a declaration 

setting forth the damage to the national security that the 

disclosure of such information reasonably could be expected 

to cause. 

‘‘(c) TAKING OF TESTIMONY.— ‘‘(1) OBJECTION BY TRIAL COUNSEL.—During the examination of a witness, trial counsel may object to any question 

or line of inquiry that may require the witness to disclose 

classified information not previously found to be admissible. 

‘‘(2) ACTION BY MILITARY JUDGE.—Following an objection 

under paragraph (1), the military judge shall take such suitable 

action to determine whether the response is admissible as 

will safeguard against the compromise of any classified information. Such action may include requiring trial counsel to provide 

the military judge with a proffer of the witness’ response to 

the question or line of inquiry and requiring the accused to 

provide the military judge with a proffer of the nature of 

the information sought to be elicited by the accused. Upon 

request, the military judge may accept an ex parte proffer 

by trial counsel to the extent necessary to protect classified 

information from disclosure, in accordance with the practice 

of the Federal courts under the Classified Information Procedures Act (18 U.S.C. App.). 

‘‘(d) DISCLOSURE AT TRIAL OF CERTAIN STATEMENTS PREVIOUSLY

MADE BY A WITNESS.— 

‘‘(1) MOTION FOR PRODUCTION OF STATEMENTS IN POSSESSION OF THE UNITED STATES.—After a witness called by the 

trial counsel has testified on direct examination, the military 

judge, on motion of the accused, may order production of statements of the witness in the possession of the United States 

which relate to the subject matter as to which the witness 

has testified. This paragraph does not preclude discovery or 

assertion of a privilege otherwise authorized. 

‘‘(2) INVOCATION OF PRIVILEGE BY THE UNITED STATES.— 

If the United States invokes a privilege, the trial counsel may 

provide the prior statements of the witness to the military 

judge during an ex parte presentation to the extent necessary 

to protect classified information from disclosure, in accordance 

with the practice of the Federal courts under the Classified 

Information Procedures Act (18 U.S.C. App.). 

‘‘(3) ACTION BY MILITARY JUDGE ON MOTION.—If the military 

judge finds that disclosure of any portion of the statement 

identified by the United States as classified would be detrimental to the national security in the degree to warrant classification under the applicable Executive Order, statute, or regulation, that such portion of the statement is consistent with 

the testimony of the witness, and that the disclosure of such 

portion is not necessary to afford the accused a fair trial, 

the military judge shall excise that portion from the statement. 


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If the military judge finds that such portion of the statement 

is inconsistent with the testimony of the witness or that its 

disclosure is necessary to afford the accused a fair trial, the 

military judge, shall, upon the request of the trial counsel, 

review alternatives to disclosure in accordance with section 

949p–6(d) of this title. 

‘‘SUBCHAPTER VI—SENTENCES 

‘‘Sec. 

‘‘949s. Cruel or unusual punishments prohibited. 

‘‘949t. Maximum limits. 

‘‘949u. Execution of confinement. 

‘‘§ 949s. Cruel or unusual punishments prohibited 

‘‘Punishment by flogging, or by branding, marking, or tattooing 

on the body, or any other cruel or unusual punishment, may not 

be adjudged by a military commission under this chapter or inflicted 

under this chapter upon any person subject to this chapter. The 

use of irons, single or double, except for the purpose of safe custody, 

is prohibited under this chapter. 

‘‘§ 949t. Maximum limits 

‘‘The punishment which a military commission under this 

chapter may direct for an offense may not exceed such limits as 

the President or Secretary of Defense may prescribe for that offense. 

‘‘§ 949u. Execution of confinement 

‘‘(a) IN GENERAL.—Under such regulations as the Secretary 

of Defense may prescribe, a sentence of confinement adjudged by 

a military commission under this chapter may be carried into 

execution by confinement— 

‘‘(1) in any place of confinement under the control of any 

of the armed forces; or 

‘‘(2) in any penal or correctional institution under the control of the United States or its allies, or which the United 

States may be allowed to use. 

‘‘(b) TREATMENT DURING CONFINEMENT BY OTHER THAN THE

ARMED FORCES.—Persons confined under subsection (a)(2) in a 

penal or correctional institution not under the control of an armed 

force are subject to the same discipline and treatment as persons 

confined or committed by the courts of the United States or of 

the State, District of Columbia, or place in which the institution 

is situated. 

‘‘SUBCHAPTER VII—POST-TRIAL PROCEDURE AND REVIEW 

OF MILITARY COMMISSIONS 

‘‘Sec. 

‘‘950a. Error of law; lesser included offense. 

‘‘950b. Review by the convening authority. 

‘‘950c. Appellate referral; waiver or withdrawal of appeal. 

‘‘950d. Interlocutory appeals by the United States. 

‘‘950e. Rehearings. 

‘‘950f. Review by United States Court of Military Commission Review. 

‘‘950g. Review by United States Court of Court of Appeals for the District of Columbia Circuit; writ of certiorari to Supreme Court. 

‘‘950h. Appellate counsel. 

‘‘950i. Execution of sentence; suspension of sentence. 

‘‘950j. Finality of proceedings, findings, and sentences. 

Regulations. 


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‘‘§ 950a. Error of law; lesser included offense 

‘‘(a) ERROR OF LAW.—A finding or sentence of a military 

commission under this chapter may not be held incorrect on the 

ground of an error of law unless the error materially prejudices 

the substantial rights of the accused. 

‘‘(b) LESSER INCLUDED OFFENSE.—Any reviewing authority with 

the power to approve or affirm a finding of guilty by a military 

commission under this chapter may approve or affirm, instead, 

so much of the finding as includes a lesser included offense. 

‘‘§ 950b. Review by the convening authority 

‘‘(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS AND SEN- TENCE.—The findings and sentence of a military commission under 

this chapter shall be reported in writing promptly to the convening 

authority after the announcement of the sentence. 

‘‘(b) SUBMITTAL OF MATTERS BY ACCUSED TO CONVENING

AUTHORITY.—(1) The accused may submit to the convening 

authority matters for consideration by the convening authority with 

respect to the findings and the sentence of the military commission 

under this chapter. 

‘‘(2)(A) Except as provided in subparagraph (B), a submittal 

under paragraph (1) shall be made in writing within 20 days 

after the accused has been give an authenticated record of trial 

under section 949o(c) of this title. 

‘‘(B) If the accused shows that additional time is required 

for the accused to make a submittal under paragraph (1), the 

convening authority may, for good cause, extend the applicable 

period under subparagraph (A) for not more than an additional 

20 days. 

‘‘(3) The accused may waive the accused’s right to make a 

submittal to the convening authority under paragraph (1). Such 

a waiver shall be made in writing, and may not be revoked. For 

the purposes of subsection (c)(2), the time within which the accused 

may make a submittal under this subsection shall be deemed to 

have expired upon the submittal of a waiver under this paragraph 

to the convening authority. 

‘‘(c) ACTION BY CONVENING AUTHORITY.—(1) The authority 

under this subsection to modify the findings and sentence of a 

military commission under this chapter is a matter of the sole 

discretion and prerogative of the convening authority. 

‘‘(2) The convening authority is not required to take action 

on the findings of a military commission under this chapter. If 

the convening authority takes action on the findings, the convening 

authority may, in the sole discretion of the convening authority, 

only— 

‘‘(A) dismiss any charge or specification by setting aside 

a finding of guilty thereto; or 

‘‘(B) change a finding of guilty to a charge to a finding 

of guilty to an offense that is a lesser included offense of 

the offense stated in the charge. 

‘‘(3)(A) The convening authority shall take action on the sentence of a military commission under this chapter. 

‘‘(B) Subject to regulations prescribed by the Secretary of 

Defense, action under this paragraph may be taken only after 

consideration of any matters submitted by the accused under subsection (b) or after the time for submitting such matters expires, 

whichever is earlier. 

Regulations. 

Deadline. 

Reports. 


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‘‘(C) In taking action under this paragraph, the convening 

authority may, in the sole discretion of the convening authority, 

approve, disapprove, commute, or suspend the sentence in whole 

or in part. The convening authority may not increase a sentence 

beyond that which is found by the military commission. 

‘‘(4) The convening authority shall serve on the accused or 

on defense counsel notice of any action taken by the convening 

authority under this subsection. 

‘‘(d) ORDER OF REVISION OR REHEARING.—(1) Subject to paragraphs (2) and (3), the convening authority of a military commission 

under this chapter may, in the sole discretion of the convening 

authority, order a proceeding in revision or a rehearing. 

‘‘(2)(A) Except as provided in subparagraph (B), a proceeding 

in revision may be ordered by the convening authority if— 

‘‘(i) there is an apparent error or omission in the record; 

or 

‘‘(ii) the record shows improper or inconsistent action by 

the military commission with respect to the findings or sentence 

that can be rectified without material prejudice to the substantial rights of the accused. 

‘‘(B) In no case may a proceeding in revision— 

‘‘(i) reconsider a finding of not guilty of a specification 

or a ruling which amounts to a finding of not guilty; 

‘‘(ii) reconsider a finding of not guilty of any charge, unless 

there has been a finding of guilty under a specification laid 

under that charge, which sufficiently alleges a violation; or 

‘‘(iii) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory. 

‘‘(3) A rehearing may be ordered by the convening authority 

if the convening authority disapproves the findings and sentence 

and states the reasons for disapproval of the findings. If the convening authority disapproves the finding and sentence and does 

not order a rehearing, the convening authority shall dismiss the 

charges. A rehearing as to the findings may not be ordered by 

the convening authority when there is a lack of sufficient evidence 

in the record to support the findings. A rehearing as to the sentence 

may be ordered by the convening authority if the convening 

authority disapproves the sentence. 

‘‘§ 950c. Appellate referral; waiver or withdrawal of appeal 

‘‘(a) AUTOMATIC REFERRAL FOR APPELLATE REVIEW.—Except as 

provided in subsection (b), in each case in which the final decision 

of a military commission under this chapter (as approved by the 

convening authority) includes a finding of guilty, the convening 

authority shall refer the case to the United States Court of Military 

Commission Review. Any such referral shall be made in accordance 

with procedures prescribed under regulations of the Secretary. 

‘‘(b) WAIVER OF RIGHT OF REVIEW.—(1) Except in a case in 

which the sentence as approved under section 950b of this title 

extends to death, an accused may file with the convening authority 

a statement expressly waiving the right of the accused to appellate 

review by the United States Court of Military Commission Review 

under section 950f of this title of the final decision of the military 

commission under this chapter. 

‘‘(2) A waiver under paragraph (1) shall be signed by both 

the accused and a defense counsel. 

Regulations. 


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‘‘(3) A waiver under paragraph (1) must be filed, if at all, 

within 10 days after notice of the action is served on the accused 

or on defense counsel under section 950b(c)(4) of this title. The 

convening authority, for good cause, may extend the period for 

such filing by not more than 30 days. 

‘‘(c) WITHDRAWAL OF APPEAL.—Except in a case in which the 

sentence as approved under section 950b of this title extends to 

death, the accused may withdraw an appeal at any time. 

‘‘(d) EFFECT OF WAIVER OR WITHDRAWAL.—A waiver of the 

right to appellate review or the withdrawal of an appeal under 

this section bars review under section 950f of this title. 

‘‘§ 950d. Interlocutory appeals by the United States 

‘‘(a) INTERLOCUTORY APPEAL.—Except as provided in subsection 

(b), in a trial by military commission under this chapter, the United 

States may take an interlocutory appeal to the United States Court 

of Military Commission Review of any order or ruling of the military 

judge— 

‘‘(1) that terminates proceedings of the military commission 

with respect to a charge or specification; 

‘‘(2) that excludes evidence that is substantial proof of 

a fact material in the proceeding; 

‘‘(3) that relates to a matter under subsection (c) or (d) 

of section 949d of this title; or 

‘‘(4) that, with respect to classified information— 

‘‘(A) authorizes the disclosure of such information; 

‘‘(B) imposes sanctions for nondisclosure of such 

information; or 

‘‘(C) refuses a protective order sought by the United 

States to prevent the disclosure of such information. 

‘‘(b) LIMITATION.—The United States may not appeal under 

subsection (a) an order or ruling that is, or amounts to, a finding 

of not guilty by the military commission with respect to a charge 

or specification. 

‘‘(c) SCOPE OF APPEAL RIGHT WITH RESPECT TO CLASSIFIED

INFORMATION.—The United States has the right to appeal under 

paragraph (4) of subsection (a) whenever the military judge enters 

an order or ruling that would require the disclosure of classified 

information, without regard to whether the order or ruling appealed 

from was entered under this chapter, another provision of law, 

a rule, or otherwise. Any such appeal may embrace any preceding 

order, ruling, or reasoning constituting the basis of the order or 

ruling that would authorize such disclosure. 

‘‘(d) TIMING AND ACTION ON INTERLOCUTORY APPEALS RELATING

TO CLASSIFIED INFORMATION.— 

‘‘(1) APPEAL TO BE EXPEDITED.—An appeal taken pursuant 

to paragraph (4) of subsection (a) shall be expedited by the 

United States Court of Military Commission Review. 

‘‘(2) APPEALS BEFORE TRIAL.—If such an appeal is taken 

before trial, the appeal shall be taken within 10 days after 

the order or ruling from which the appeal is made and the 

trial shall not commence until the appeal is decided. 

‘‘(3) APPEALS DURING TRIAL.—If such an appeal is taken 

during trial, the military judge shall adjourn the trial until 

the appeal is decided, and the court of appeals— 

Deadline. 

Deadline. 


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‘‘(A) shall hear argument on such appeal within 4 

days of the adjournment of the trial (excluding weekends 

and holidays); 

‘‘(B) may dispense with written briefs other than the 

supporting materials previously submitted to the military 

judge; 

‘‘(C) shall render its decision within four days of argument on appeal (excluding weekends and holidays); and 

‘‘(D) may dispense with the issuance of a written 

opinion in rendering its decision. 

‘‘(e) NOTICE AND TIMING OF OTHER APPEALS.—The United 

States shall take an appeal of an order or ruling under subsection 

(a), other than an appeal under paragraph (4) of that subsection, 

by filing a notice of appeal with the military judge within 5 days 

after the date of the order or ruling. 

‘‘(f) METHOD OF APPEAL.—An appeal under this section shall 

be forwarded, by means specified in regulations prescribed by the 

Secretary of Defense, directly to the United States Court of Military 

Commission Review. 

‘‘(g) APPEALS COURT TO ACT ONLY WITH RESPECT TO MATTER

OF LAW.—In ruling on an appeal under paragraph (1), (2), or 

(3) of subsection (a), the appeals court may act only with respect 

to matters of law. 

‘‘(h) SUBSEQUENT APPEAL RIGHTS OF ACCUSED NOT AFFECTED.— 

An appeal under paragraph (4) of subsection (a), and a decision 

on such appeal, shall not affect the right of the accused, in a 

subsequent appeal from a judgment of conviction, to claim as error 

reversal by the military judge on remand of a ruling appealed 

from during trial. 

‘‘§ 950e. Rehearings 

‘‘(a) COMPOSITION OF MILITARY COMMISSION FOR REHEARING.— 

Each rehearing under this chapter shall take place before a military 

commission under this chapter composed of members who were 

not members of the military commission which first heard the 

case. 

‘‘(b) SCOPE OF REHEARING.—(1) Upon a rehearing— 

‘‘(A) the accused may not be tried for any offense of which 

the accused was found not guilty by the first military commission; and 

‘‘(B) no sentence in excess of or more than the original 

sentence may be imposed unless— 

‘‘(i) the sentence is based upon a finding of guilty 

of an offense not considered upon the merits in the original 

proceedings; or 

‘‘(ii) the sentence prescribed for the offense is mandatory. 

‘‘(2) Upon a rehearing, if the sentence approved after the first 

military commission was in accordance with a pretrial agreement 

and the accused at the rehearing changes his plea with respect 

to the charges or specifications upon which the pretrial agreement 

was based, or otherwise does not comply with pretrial agreement, 

the sentence as to those charges or specifications may include 

any punishment not in excess of that lawfully adjudged at the 

first military commission. 

Regulations. 

Deadline. 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2603 

‘‘§ 950f. Review by United States Court of Military Commission Review 

‘‘(a) ESTABLISHMENT.—There is a court of record to be known 

as the ‘United States Court of Military Commission Review’ (in 

this section referred to as the ‘Court’). The Court shall consist 

of one or more panels, each composed of not less than three appellate military judges. For the purpose of reviewing decisions of 

military commissions under this chapter, the Court may sit in 

panels or as a whole, in accordance with rules prescribed by the 

Secretary of Defense. 

‘‘(b) JUDGES.—(1) Judges on the Court shall be assigned or 

appointed in a manner consistent with the provisions of this subsection. 

‘‘(2) The Secretary of Defense may assign persons who are 

appellate military judges to be judges on the Court. Any judge 

so assigned shall be a commissioned officer of the armed forces, 

and shall meet the qualifications for military judges prescribed 

by section 948j(b) of this title. 

‘‘(3) The President may appoint, by and with the advice and 

consent of the Senate, additional judges to the United States Court 

of Military Commission Review. 

‘‘(4) No person may serve as a judge on the Court in any 

case in which that person acted as a military judge, counsel, or 

reviewing official. 

‘‘(c) CASES TO BE REVIEWED.—The Court shall, in accordance 

with procedures prescribed under regulations of the Secretary, 

review the record in each case that is referred to the Court by 

the convening authority under section 950c of this title with respect 

to any matter properly raised by the accused. 

‘‘(d) STANDARD AND SCOPE OF REVIEW.—In a case reviewed 

by the Court under this section, the Court may act only with 

respect to the findings and sentence as approved by the convening 

authority. The Court may affirm only such findings of guilty, and 

the sentence or such part or amount of the sentence, as the Court 

finds correct in law and fact and determines, on the basis of the 

entire record, should be approved. In considering the record, the 

Court may weigh the evidence, judge the credibility of witnesses, 

and determine controverted questions of fact, recognizing that the 

military commission saw and heard the witnesses. 

‘‘(e) REHEARINGS.—If the Court sets aside the findings or sentence, the Court may, except where the setting aside is based 

on lack of sufficient evidence in the record to support the findings, 

order a rehearing. If the Court sets aside the findings or sentence 

and does not order a rehearing, the Court shall order that the 

charges be dismissed. 

‘‘§ 950g. Review by United States Court of Appeals for the 

District of Columbia Circuit; writ of certiorari to 

Supreme Court 

‘‘(a) EXCLUSIVE APPELLATE JURISDICTION.—Except as provided 

in subsection (b), the United States Court of Appeals for the District 

of Columbia Circuit shall have exclusive jurisdiction to determine 

the validity of a final judgment rendered by a military commission 

(as approved by the convening authority and, where applicable, 

the United States Court of Military Commission Review) under 

this chapter. 

Regulations. 


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123 STAT. 2604 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(b) EXHAUSTION OF OTHER APPEALS.—The United States Court 

of Appeals for the District of Columbia Circuit may not review 

a final judgment described in subsection (a) until all other appeals 

under this chapter have been waived or exhausted. 

‘‘(c) TIME FOR SEEKING REVIEW.—A petition for review by the 

United States Court of Appeals for the District of Columbia Circuit 

must be filed by the accused in the Court of Appeals not later 

than 20 days after the date on which— 

‘‘(1) written notice of the final decision of the United States 

Court of Military Commission Review is served on the accused 

or on defense counsel; or 

‘‘(2) the accused submits, in the form prescribed by section 

950c of this title, a written notice waiving the right of the 

accused to review by the United States Court of Military 

Commission Review. 

‘‘(d) SCOPE AND NATURE OF REVIEW.—The United States Court 

of Appeals for the District of Columbia Circuit may act under 

this section only with respect to the findings and sentence as 

approved by the convening authority and as affirmed or set aside 

as incorrect in law by the United States Court of Military Commission Review, and shall take action only with respect to matters 

of law, including the sufficiency of the evidence to support the 

verdict. 

‘‘(e) REVIEW BY SUPREME COURT.—The Supreme Court may 

review by writ of certiorari pursuant to section 1254 of title 28 

the final judgment of the United States Court of Appeals for the 

District of Columbia Circuit under this section. 

‘‘§ 950h. Appellate counsel 

‘‘(a) APPOINTMENT.—The Secretary of Defense shall, by regulation, establish procedures for the appointment of appellate counsel 

for the United States and for the accused in military commissions 

under this chapter. Appellate counsel shall meet the qualifications 

of counsel for appearing before military commissions under this 

chapter. 

‘‘(b) REPRESENTATION OF UNITED STATES.—Appellate counsel 

appointed under subsection (a)— 

‘‘(1) shall represent the United States in any appeal or 

review proceeding under this chapter before the United States 

Court of Military Commission Review; and 

‘‘(2) may, when requested to do so by the Attorney General 

in a case arising under this chapter, represent the United 

States before the United States Court of Appeals for the District 

of Columbia Circuit or the Supreme Court. 

‘‘(c) REPRESENTATION OF ACCUSED.—The accused shall be represented by appellate counsel appointed under subsection (a) before 

the United States Court of Military Commission Review, the United 

States Court of Appeals for the District of Columbia Circuit, and 

the Supreme Court, and by civilian counsel if retained by the 

accused. Any such civilian counsel shall meet the qualifications 

under paragraph (3) of section 949c(b) of this title for civilian 

counsel appearing before military commissions under this chapter 

and shall be subject to the requirements of paragraph (7) of that 

section. 

Regulations. 

Procedures. 

Deadline. 

Notice. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2605 

‘‘§ 950i. Execution of sentence; suspension of sentence 

‘‘(a) IN GENERAL.—The Secretary of Defense is authorized to 

carry out a sentence imposed by a military commission under this 

chapter in accordance with such procedures as the Secretary may 

prescribe. 

‘‘(b) EXECUTION OF SENTENCE OF DEATH ONLY UPON APPROVAL

BY THE PRESIDENT.—If the sentence of a military commission under 

this chapter extends to death, that part of the sentence providing 

for death may not be executed until approved by the President. 

In such a case, the President may commute, remit, or suspend 

the sentence, or any part thereof, as he sees fit. 

‘‘(c) EXECUTION OF SENTENCE OF DEATH ONLY UPON FINAL

JUDGMENT OF LEGALITY OF PROCEEDINGS.—(1) If the sentence of 

a military commission under this chapter extends to death, the 

sentence may not be executed until there is a final judgment as 

to the legality of the proceedings (and with respect to death, 

approval under subsection (b)). 

‘‘(2) A judgment as to legality of proceedings is final for purposes 

of paragraph (1) when review is completed in accordance with 

the judgment of the United States Court of Military Commission 

Review and— 

‘‘(A) the time for the accused to file a petition for review 

by the United States Court of Appeals for the District of 

Columbia Circuit has expired, the accused has not filed a 

timely petition for such review, and the case is not otherwise 

under review by the Court of Appeals; or 

‘‘(B) review is completed in accordance with the judgment 

of the United States Court of Appeals for the District of 

Columbia Circuit and— 

‘‘(i) a petition for a writ of certiorari is not timely 

filed; 

‘‘(ii) such a petition is denied by the Supreme Court; 

or 

‘‘(iii) review is otherwise completed in accordance with 

the judgment of the Supreme Court. 

‘‘(d) SUSPENSION OF SENTENCE.—The Secretary of the Defense, 

or the convening authority acting on the case (if other than the 

Secretary), may suspend the execution of any sentence or part 

thereof in the case, except a sentence of death. 

‘‘§ 950j. Finality of proceedings, findings, and sentences 

‘‘The appellate review of records of trial provided by this 

chapter, and the proceedings, findings, and sentences of military 

commissions as approved, reviewed, or affirmed as required by 

this chapter, are final and conclusive. Orders publishing the proceedings of military commissions under this chapter are binding 

upon all departments, courts, agencies, and officers of the United 

States, subject only to action by the Secretary or the convening 

authority as provided in section 950i(c) of this title and the authority 

of the President. 

‘‘SUBCHAPTER VIII—PUNITIVE MATTERS 

‘‘Sec. 

‘‘950p. Definitions; construction of certain offenses; common circumstances. 

‘‘950q. Principals. 

‘‘950r. Accessory after the fact. 


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‘‘950s. Conviction of lesser offenses. 

‘‘950t. Crimes triable by military commission. 

‘‘§ 950p. Definitions; construction of certain offenses; 

common circumstances 

‘‘(a) DEFINITIONS.—In this subchapter: 

‘‘(1) The term ‘military objective’ means combatants and 

those objects during hostilities which, by their nature, location, 

purpose, or use, effectively contribute to the war-fighting or 

war-sustaining capability of an opposing force and whose total 

or partial destruction, capture, or neutralization would constitute a definite military advantage to the attacker under 

the circumstances at the time of an attack. 

‘‘(2) The term ‘protected person’ means any person entitled 

to protection under one or more of the Geneva Conventions, 

including civilians not taking an active part in hostilities, military personnel placed out of combat by sickness, wounds, or 

detention, and military medical or religious personnel. 

‘‘(3) The term ‘protected property’ means any property 

specifically protected by the law of war, including buildings 

dedicated to religion, education, art, science, or charitable purposes, historic monuments, hospitals, and places where the 

sick and wounded are collected, but only if and to the extent 

such property is not being used for military purposes or is 

not otherwise a military objective. The term includes objects 

properly identified by one of the distinctive emblems of the 

Geneva Conventions, but does not include civilian property 

that is a military objective. 

‘‘(b) CONSTRUCTION OF CERTAIN OFFENSES.—The intent 

required for offenses under paragraphs (1), (2), (3), (4), and (12) 

of section 950t of this title precludes the applicability of such 

offenses with regard to collateral damage or to death, damage, 

or injury incident to a lawful attack. 

‘‘(c) COMMON CIRCUMSTANCES.—An offense specified in this subchapter is triable by military commission under this chapter only 

if the offense is committed in the context of and associated with 

hostilities. 

‘‘(d) EFFECT.—The provisions of this subchapter codify offenses 

that have traditionally been triable by military commission. This 

chapter does not establish new crimes that did not exist before 

the date of the enactment of this subchapter, as amended by the 

National Defense Authorization Act for Fiscal Year 2010, but rather 

codifies those crimes for trial by military commission. Because 

the provisions of this subchapter codify offenses that have traditionally been triable under the law of war or otherwise triable by 

military commission, this subchapter does not preclude trial for 

offenses that occurred before the date of the enactment of this 

subchapter, as so amended. 

‘‘§ 950q. Principals 

‘‘Any person punishable under this chapter who— 

‘‘(1) commits an offense punishable by this chapter, or 

aids, abets, counsels, commands, or procures its commission; 

‘‘(2) causes an act to be done which if directly performed 

by him would be punishable by this chapter; or 

‘‘(3) is a superior commander who, with regard to acts 

punishable by this chapter, knew, had reason to know, or 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2607 

should have known, that a subordinate was about to commit 

such acts or had done so and who failed to take the necessary 

and reasonable measures to prevent such acts or to punish 

the perpetrators thereof, 

is a principal. 

‘‘§ 950r. Accessory after the fact 

‘‘Any person subject to this chapter who, knowing that an 

offense punishable by this chapter has been committed, receives, 

comforts, or assists the offender in order to hinder or prevent 

his apprehension, trial, or punishment shall be punished as a 

military commission under this chapter may direct. 

‘‘§ 950s. Conviction of lesser offenses 

‘‘An accused may be found guilty of an offense necessarily 

included in the offense charged or of an attempt to commit either 

the offense charged or an attempt to commit either the offense 

charged or an offense necessarily included therein. 

‘‘§ 950t. Crimes triable by military commission 

‘‘The following offenses shall be triable by military commission 

under this chapter at any time without limitation: 

‘‘(1) MURDER OF PROTECTED PERSONS.—Any person subject 

to this chapter who intentionally kills one or more protected 

persons shall be punished by death or such other punishment 

as a military commission under this chapter may direct. 

‘‘(2) ATTACKING CIVILIANS.—Any person subject to this 

chapter who intentionally engages in an attack upon a civilian 

population as such, or individual civilians not taking active 

part in hostilities, shall be punished, if death results to one 

or more of the victims, by death or such other punishment 

as a military commission under this chapter may direct, and, 

if death does not result to any of the victims, by such punishment, other than death, as a military commission under this 

chapter may direct. 

‘‘(3) ATTACKING CIVILIAN OBJECTS.—Any person subject to 

this chapter who intentionally engages in an attack upon a 

civilian object that is not a military objective shall be punished 

as a military commission under this chapter may direct. 

‘‘(4) ATTACKING PROTECTED PROPERTY.—Any person subject 

to this chapter who intentionally engages in an attack upon 

protected property shall be punished as a military commission 

under this chapter may direct. 

‘‘(5) PILLAGING.—Any person subject to this chapter who 

intentionally and in the absence of military necessity appropriates or seizes property for private or personal use, without 

the consent of a person with authority to permit such appropriation or seizure, shall be punished as a military commission 

under this chapter may direct. 

‘‘(6) DENYING QUARTER.—Any person subject to this chapter 

who, with effective command or control over subordinate 

groups, declares, orders, or otherwise indicates to those groups 

that there shall be no survivors or surrender accepted, with 

the intent to threaten an adversary or to conduct hostilities 

such that there would be no survivors or surrender accepted, 

shall be punished as a military commission under this chapter 

may direct. 


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‘‘(7) TAKING HOSTAGES.—Any person subject to this chapter 

who, having knowingly seized or detained one or more persons, 

threatens to kill, injure, or continue to detain such person 

or persons with the intent of compelling any nation, person 

other than the hostage, or group of persons to act or refrain 

from acting as an explicit or implicit condition for the safety 

or release of such person or persons, shall be punished, if 

death results to one or more of the victims, by death or such 

other punishment as a military commission under this chapter 

may direct, and, if death does not result to any of the victims, 

by such punishment, other than death, as a military commission 

under this chapter may direct. 

‘‘(8) EMPLOYING POISON OR SIMILAR WEAPONS.—Any person 

subject to this chapter who intentionally, as a method of warfare, employs a substance or weapon that releases a substance 

that causes death or serious and lasting damage to health 

in the ordinary course of events, through its asphyxiating, 

bacteriological, or toxic properties, shall be punished, if death 

results to one or more of the victims, by death or such other 

punishment as a military commission under this chapter may 

direct, and, if death does not result to any of the victims, 

by such punishment, other than death, as a military commission 

under this chapter may direct. 

‘‘(9) USING PROTECTED PERSONS AS A SHIELD.—Any person 

subject to this chapter who positions, or otherwise takes advantage of, a protected person with the intent to shield a military 

objective from attack. or to shield, favor, or impede military 

operations, shall be punished, if death results to one or more 

of the victims, by death or such other punishment as a military 

commission under this chapter may direct, and, if death does 

not result to any of the victims, by such punishment, other 

than death, as a military commission under this chapter may 

direct. 

‘‘(10) USING PROTECTED PROPERTY AS A SHIELD.—Any person subject to this chapter who positions, or otherwise takes 

advantage of the location of, protected property with the intent 

to shield a military objective from attack, or to shield, favor, 

or impede military operations, shall be punished as a military 

commission under this chapter may direct. 

‘‘(11) TORTURE.— 

‘‘(A) OFFENSE.—Any person subject to this chapter who 

commits an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person 

within his custody or physical control for the purpose of 

obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination 

of any kind, shall be punished, if death results to one 

or more of the victims, by death or such other punishment 

as a military commission under this chapter may direct, 

and, if death does not result to any of the victims, by 

such punishment, other than death, as a military commission under this chapter may direct. 

‘‘(B) SEVERE MENTAL PAIN OR SUFFERING DEFINED.— 

In this paragraph, the term ‘severe mental pain or suffering’ has the meaning given that term in section 2340(2) 

of title 18. 


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‘‘(12) CRUEL OR INHUMAN TREATMENT.—Any person subject 

to this chapter who subjects another person in their custody 

or under their physical control, regardless of nationality or 

physical location, to cruel or inhuman treatment that constitutes a grave breach of common Article 3 of the Geneva 

Conventions shall be punished, if death results to the victim, 

by death or such other punishment as a military commission 

under this chapter may direct, and, if death does not result 

to the victim, by such punishment, other than death, as a 

military commission under this chapter may direct. 

‘‘(13) INTENTIONALLY CAUSING SERIOUS BODILY INJURY.— 

‘‘(A) OFFENSE.—Any person subject to this chapter who 

intentionally causes serious bodily injury to one or more 

persons, including privileged belligerents, in violation of 

the law of war shall be punished, if death results to one 

or more of the victims, by death or such other punishment 

as a military commission under this chapter may direct, 

and, if death does not result to any of the victims, by 

such punishment, other than death, as a military commission under this chapter may direct. 

‘‘(B) SERIOUS BODILY INJURY DEFINED.—In this paragraph, the term ‘serious bodily injury’ means bodily injury 

which involves— 

‘‘(i) a substantial risk of death; 

‘‘(ii) extreme physical pain; 

‘‘(iii) protracted and obvious disfigurement; or 

‘‘(iv) protracted loss or impairment of the function 

of a bodily member, organ, or mental faculty. 

‘‘(14) MUTILATING OR MAIMING.—Any person subject to this 

chapter who intentionally injures one or more protected persons 

by disfiguring the person or persons by any mutilation of the 

person or persons, or by permanently disabling any member, 

limb, or organ of the body of the person or persons, without 

any legitimate medical or dental purpose, shall be punished, 

if death results to one or more of the victims, by death or 

such other punishment as a military commission under this 

chapter may direct, and, if death does not result to any of 

the victims, by such punishment, other than death, as a military 

commission under this chapter may direct. 

‘‘(15) MURDER IN VIOLATION OF THE LAW OF WAR.—Any 

person subject to this chapter who intentionally kills one or 

more persons, including privileged belligerents, in violation of 

the law of war shall be punished by death or such other 

punishment as a military commission under this chapter may 

direct. 

‘‘(16) DESTRUCTION OF PROPERTY IN VIOLATION OF THE LAW

OF WAR.—Any person subject to this chapter who intentionally 

destroys property belonging to another person in violation of 

the law of war shall punished as a military commission under 

this chapter may direct. 

‘‘(17) USING TREACHERY OR PERFIDY.—Any person subject 

to this chapter who, after inviting the confidence or belief 

of one or more persons that they were entitled to, or obliged 

to accord, protection under the law of war, intentionally makes 

use of that confidence or belief in killing, injuring, or capturing 

such person or persons shall be punished, if death results 


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123 STAT. 2610 PUBLIC LAW 111–84—OCT. 28, 2009 

to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, 

and, if death does not result to any of the victims, by such 

punishment, other than death, as a military commission under 

this chapter may direct. 

‘‘(18) IMPROPERLY USING A FLAG OF TRUCE.—Any person 

subject to this chapter who uses a flag of truce to feign an 

intention to negotiate, surrender, or otherwise suspend hostilities when there is no such intention shall be punished as 

a military commission under this chapter may direct. 

‘‘(19) IMPROPERLY USING A DISTINCTIVE EMBLEM.—Any person subject to this chapter who intentionally uses a distinctive 

emblem recognized by the law of war for combatant purposes 

in a manner prohibited by the law of war shall be punished 

as a military commission under this chapter may direct. 

‘‘(20) INTENTIONALLY MISTREATING A DEAD BODY.—Any person subject to this chapter who intentionally mistreats the 

body of a dead person, without justification by legitimate military necessary, shall be punished as a military commission 

under this chapter may direct. 

‘‘(21) RAPE.—Any person subject to this chapter who forcibly or with coercion or threat of force wrongfully invades 

the body of a person by penetrating, however slightly, the 

anal or genital opening of the victim with any part of the 

body of the accused, or with any foreign object, shall be punished as a military commission under this chapter may direct. 

‘‘(22) SEXUAL ASSAULT OR ABUSE.—Any person subject to 

this chapter who forcibly or with coercion or threat of force 

engages in sexual contact with one or more persons, or causes 

one or more persons to engage in sexual contact, shall be 

punished as a military commission under this chapter may 

direct 

‘‘(23) HIJACKING OR HAZARDING A VESSEL OR AIRCRAFT.— 

Any person subject to this chapter who intentionally seizes, 

exercises unauthorized control over, or endangers the safe 

navigation of a vessel or aircraft that is not a legitimate military 

objective shall be punished, if death results to one or more 

of the victims, by death or such other punishment as a military 

commission under this chapter may direct, and, if death does 

not result to any of the victims, by such punishment, other 

than death, as a military commission under this chapter may 

direct. 

‘‘(24) TERRORISM.—Any person subject to this chapter who 

intentionally kills or inflicts great bodily harm on one or more 

protected persons, or intentionally engages in an act that 

evinces a wanton disregard for human life, in a manner calculated to influence or affect the conduct of government or 

civilian population by intimidation or coercion, or to retaliate 

against government conduct, shall be punished, if death results 

to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, 

and, if death does not result to any of the victims, by such 

punishment, other than death, as a military commission under 

this chapter may direct. 

‘‘(25) PROVIDING MATERIAL SUPPORT FOR TERRORISM.— ‘‘(A) OFFENSE.—Any person subject to this chapter who 

provides material support or resources, knowing or 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2611 

intending that they are to be used in preparation for, 

or in carrying out, an act of terrorism (as set forth in 

paragraph (24) of this section), or who intentionally provides material support or resources to an international 

terrorist organization engaged in hostilities against the 

United States, knowing that such organization has engaged 

or engages in terrorism (as so set forth), shall be punished 

as a military commission under this chapter may direct. 

‘‘(B) MATERIAL SUPPORT OR RESOURCES DEFINED.—In 

this paragraph, the term ‘material support or resources’ 

has the meaning given that term in section 2339A(b) of 

title 18. 

‘‘(26) WRONGFULLY AIDING THE ENEMY.—Any person subject 

to this chapter who, in breach of an allegiance or duty to 

the United States, knowingly and intentionally aids an enemy 

of the United States, or one of the co-belligerents of the enemy, 

shall be punished as a military commission under this chapter 

may direct. 

‘‘(27) SPYING.—Any person subject to this chapter who, 

in violation of the law of war and with intent or reason to 

believe that it is to be used to the injury of the United States 

or to the advantage of a foreign power, collects or attempts 

to collect information by clandestine means or while acting 

under false pretenses, for the purpose of conveying such 

information to an enemy of the United States, or one of the 

co-belligerents of the enemy, shall be punished by death or 

such other punishment as a military commission under this 

chapter may direct. 

‘‘(28) ATTEMPTS.— 

‘‘(A) IN GENERAL.—Any person subject to this chapter 

who attempts to commit any offense punishable by this 

chapter shall be punished as a military commission under 

this chapter may direct. 

‘‘(B) SCOPE OF OFFENSE.—An act, done with specific 

intent to commit an offense under this chapter, amounting 

to more than mere preparation and tending, even though 

failing, to effect its commission, is an attempt to commit 

that offense. 

‘‘(C) EFFECT OF CONSUMMATION.—Any person subject 

to this chapter may be convicted of an attempt to commit 

an offense although it appears on the trial that the offense 

was consummated. 

‘‘(29) CONSPIRACY.—Any person subject to this chapter who 

conspires to commit one or more substantive offenses triable 

by military commission under this subchapter, and who knowingly does any overt act to effect the object of the conspiracy, 

shall be punished, if death results to one or more of the victims, 

by death or such other punishment as a military commission 

under this chapter may direct, and, if death does not result 

to any of the victims, by such punishment, other than death, 

as a military commission under this chapter may direct. 

‘‘(30) SOLICITATION.—Any person subject to this chapter 

who solicits or advises another or others to commit one or 

more substantive offenses triable by military commission under 

this chapter shall, if the offense solicited or advised is attempted 

or committed, be punished with the punishment provided for 

the commission of the offense, but, if the offense solicited or 


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123 STAT. 2612 PUBLIC LAW 111–84—OCT. 28, 2009 

advised is not committed or attempted, shall be punished as 

a military commission under this chapter may direct. 

‘‘(31) CONTEMPT.—A military commission under this 

chapter may punish for contempt any person who uses any 

menacing word, sign, or gesture in its presence, or who disturbs 

its proceedings by any riot or disorder. 

‘‘(32) PERJURY AND OBSTRUCTION OF JUSTICE.—A military 

commission under this chapter may try offenses and impose 

such punishment as the military commission may direct for 

perjury, false testimony, or obstruction of justice related to 

the military commission.’’. 

SEC. 1803. CONFORMING AMENDMENTS. 

(a) UNIFORM CODE OF MILITARY JUSTICE.— (1) PERSONS SUBJECT TO UCMJ.—Paragraph (13) of section 

802(a) of title 10, United States Code (article 2(a) of the Uniform 

Code of Military Justice), is amended to read as follows: 

‘‘(13) Individuals belonging to one of the eight categories 

enumerated in Article 4 of the Convention Relative to the 

Treatment of Prisoners of War, done at Geneva August 12, 

1949 (6 UST 3316), who violate the law of war.’’. 

(2) CONSTRUCTION OF MILITARY COMMISSIONS WITH COURTSMARTIAL.—Section 839 of such title (article 39 of the Uniform 

Code of Military Justice) is amended by adding at the end 

the following new subsection: 

‘‘(d) The findings, holdings, interpretations, and other precedents of military commissions under chapter 47A of this title— 

‘‘(1) may not be introduced or considered in any hearing, 

trial, or other proceeding of a court-martial under this chapter; 

and 

‘‘(2) may not form the basis of any holding, decision, or 

other determination of a court-martial.’’. 

(b) APPELLATE REVIEW UNDER DETAINEE TREATMENT ACT OF

2005.—Section 1005(e) of the Detainee Treatment Act of 2005 (title 

X of Public Law 109–359; 10 U.S.C. 801 note) is amended by 

striking paragraph (3). 

SEC. 1804. PROCEEDINGS UNDER PRIOR STATUTE. 

(a) PRIOR CONVICTIONS.—The amendment made by section 1802 

shall have no effect on the validity of any conviction pursuant 

to chapter 47A of title 10, United States Code (as such chapter 

was in effect on the day before the date of the enactment of 

this Act). 

(b) COMPOSITION OF MILITARY COMMISSIONS.—Notwithstanding 

the amendment made by section 1802— 

(1) any commission convened pursuant to chapter 47A of 

title 10, United States Code (as such chapter was in effect 

on the day before the date of the enactment of this Act), 

shall be deemed to have been convened pursuant to chapter 

47A of title 10, United States Code (as amended by section 

1802); 

(2) any member of the Armed Forces detailed to serve 

on a commission pursuant to chapter 47A of title 10, United 

States Code (as in effect on the day before the date of the 

enactment of this Act), shall be deemed to have been detailed 

pursuant to chapter 47A of title 10, United States Code (as 

so amended); 

10 USC 948a 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2613 

(3) any military judge detailed to a commission pursuant 

to chapter 47A of title 10, United States Code (as in effect 

on the day before the date of the enactment of this Act), 

shall be deemed to have been detailed pursuant to chapter 

47A of title 10, United States Code (as so amended); 

(4) any trial counsel or defense counsel detailed for a 

commission pursuant to chapter 47A of title 10, United States 

Code (as in effect on the day before the date of the enactment 

of this Act), shall be deemed to have been detailed pursuant 

to chapter 47A of title 10, United States Code (as so amended); 

(5) any court reporters detailed to or employed by a commission pursuant to chapter 47A of title 10, United States Code 

(as in effect on the day before the date of the enactment 

of this Act), shall be deemed to have been detailed or employed 

pursuant to chapter 47A of title 10, United States Code (as 

so amended); and 

(6) any appellate military judge or other duly appointed 

appellate judge on the Court of Military Commission Review 

pursuant to chapter 47A of title 10, United States Code (as 

in effect on the day before the date of the enactment of this 

Act), shall be deemed to have been detailed or appointed to 

the United States Court of Military Commission Review pursuant to chapter 47A of title 10, United States Code (as so 

amended). 

(c) CHARGES AND SPECIFICATIONS.—Notwithstanding the 

amendment made by section 1802— 

(1) any charges or specifications sworn or referred pursuant 

to chapter 47A of title 10, United States Code (as such chapter 

was in effect on the day before the date of the enactment 

of this Act), shall be deemed to have been sworn or referred 

pursuant to chapter 47A of title 10, United States Code (as 

amended by section 1802); and 

(2) any charges or specifications described in paragraph 

(1) may be amended, without prejudice, as needed to properly 

allege jurisdiction under chapter 47A of title 10, United States 

Code (as so amended), and crimes triable under such chapter. 

(d) PROCEDURES AND REQUIREMENTS.— 

(1) IN GENERAL.—Except as provided in subsections (a) 

through (c) and subject to paragraph (2), any commission convened pursuant to chapter 47A of title 10, United States Code 

(as such chapter was in effect on the day before the date 

of the enactment of this Act), shall be conducted after the 

date of the enactment of this Act in accordance with the procedures and requirements of chapter 47A of title 10, United 

States Code (as amended by section 1802). 

(2) TEMPORARY CONTINUATION OF PRIOR PROCEDURES AND

REQUIREMENTS.—Any military commission described in paragraph (1) may be conducted in accordance with any procedures 

and requirements of chapter 47A of title 10, United States 

Code (as in effect on the day before the date of the enactment 

of this Act), that are not inconsistent with the provisions of 

chapter 47A of title 10, United States Code, (as so amended), 

until the earlier of— 

(A) the date of the submittal to Congress under section 

1805 of the revised rules for military commissions under 

chapter 47A of title 10, United States Code (as so amended); 

or 


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123 STAT. 2614 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) the date that is 90 days after the date of the 

enactment of this Act. 

SEC. 1805. SUBMITTAL TO CONGRESS OF REVISED RULES FOR MILITARY COMMISSIONS. 

(a) DEADLINE FOR SUBMITTAL.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives the revised rules for military 

commissions prescribed by the Secretary for purposes of chapter 

47A of title 10, United States Code (as amended by section 1802). 

(b) TREATMENT OF REVISED RULES UNDER REQUIREMENT FOR

NOTICE AND WAIT REGARDING MODIFICATION OF RULES.—The 

revised rules submitted to Congress under subsection (a) shall 

not be treated as a modification of the rules in effect for military 

commissions for purposes of section 949a(d) of title 10, United 

States Code (as so amended). 

SEC. 1806. ANNUAL REPORTS TO CONGRESS ON TRIALS BY MILITARY 

COMMISSION. 

(a) ANNUAL REPORTS REQUIRED.—Not later than January 31 

of each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on any trials conducted by military commissions 

under chapter 47A of title 10, United States Code (as amended 

by section 1802), during the preceding year. 

(b) FORM.—Each report under this section shall be submitted 

in unclassified form, but may include a classified annex. 

SEC. 1807. SENSE OF CONGRESS ON MILITARY COMMISSION SYSTEM. 

It is the sense of Congress that— 

(1) the fairness and effectiveness of the military commissions system under chapter 47A of title 10, United States 

Code (as amended by section 1802), will depend to a significant 

degree on the adequacy of defense counsel and associated 

resources for individuals accused, particularly in the case of 

capital cases, under such chapter 47A; and 

(2) defense counsel in military commission cases, particularly in capital cases, under such chapter 47A of title 10, 

United States Code (as so amended), should be fully resourced 

as provided in such chapter 47A. 

TITLE XIX—FEDERAL EMPLOYEE 

BENEFITS 

Subtitle A—General Provisions 

Sec. 1901. Credit for unused sick leave. 

Sec. 1902. Limited expansion of the class of individuals eligible to receive an actuarially reduced annuity under the Civil Service Retirement System. 

Sec. 1903. Computation of certain annuities based on part-time service. 

Sec. 1904. Authority to deposit refunds under FERS. 

Sec. 1905. Retirement credit for service of certain employees transferred from District of Columbia service to Federal service. 

Subtitle B—Non-Foreign Area Retirement Equity Assurance 

Sec. 1911. Short title. 

Sec. 1912. Extension of locality pay. 

Sec. 1913. Adjustment of special rates. 

Sec. 1914. Transition schedule for locality-based comparability payments. 

10 USC 948a 

note. 

10 USC 948a 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2615 

Sec. 1915. Savings provision. 

Sec. 1916. Application to other eligible employees. 

Sec. 1917. Election of additional basic pay for annuity computation by employees. 

Sec. 1918. Regulations. 

Sec. 1919. Effective dates. 

Subtitle A—General Provisions 

SEC. 1901. CREDIT FOR UNUSED SICK LEAVE. 

(a) IN GENERAL.—Section 8415 of title 5, United States Code, 

is amended— 

(1) by redesignating the second subsection (k) and subsection (l) as subsections (l) and (m), respectively; and 

(2) in subsection (l) (as so redesignated by paragraph (1))— 

(A) by striking ‘‘(l) In computing’’ and inserting ‘‘(l)(1) 

In computing’’; and 

(B) by adding at the end the following: 

‘‘(2)(A) Except as provided in paragraph (1), in computing an 

annuity under this subchapter, the total service of an employee 

who retires on an immediate annuity or who dies leaving a survivor 

or survivors entitled to annuity includes the applicable percentage 

of the days of unused sick leave to his credit under a formal 

leave system and for which days the employee has not received 

payment, except that these days will not be counted in determining 

average pay or annuity eligibility under this subchapter. For purposes of this subsection, in the case of any such employee who 

is excepted from subchapter I of chapter 63 under section 6301(2)(x) 

through (xiii), the days of unused sick leave to his credit include 

any unused sick leave standing to his credit when he was excepted 

from such subchapter. 

‘‘(B) For purposes of subparagraph (A), the term ‘applicable 

percentage’ means— 

‘‘(i) 50 percent in the case of an annuity, entitlement to 

which is based on a death or other separation occurring during 

the period beginning on the date of enactment of this paragraph 

and ending on December 31, 2013; and 

‘‘(ii) 100 percent in the case of an annuity, entitlement 

to which is based on a death or other separation occurring 

after December 31, 2013.’’. 

(b) EXCEPTION FROM DEPOSIT REQUIREMENT.—Section 

8422(d)(2) of title 5, United States Code, is amended by striking 

‘‘section 8415(k)’’ and inserting ‘‘paragraph (1) or (2) of section 

8415(l)’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to any annuity, entitlement to which is 

based on a death or other separation from service occurring on 

or after the date of enactment of this Act. 

SEC. 1902. LIMITED EXPANSION OF THE CLASS OF INDIVIDUALS 

ELIGIBLE TO RECEIVE AN ACTUARIALLY REDUCED 

ANNUITY UNDER THE CIVIL SERVICE RETIREMENT 

SYSTEM. 

(a) IN GENERAL.—Section 8334(d)(2)(A)(i) of title 5, United 

States Code, is amended by striking ‘‘October 1, 1990’’ each place 

it appears and inserting ‘‘March 1, 1991’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall be effective with respect to any annuity, entitlement to which 

5 USC 8334 note. 

5 USC 8415 note. 


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123 STAT. 2616 PUBLIC LAW 111–84—OCT. 28, 2009 

is based on a separation from service occurring on or after the 

date of enactment of this Act. 

SEC. 1903. COMPUTATION OF CERTAIN ANNUITIES BASED ON PARTTIME SERVICE. 

(a) IN GENERAL.—Section 8339(p) of title 5, United States Code, 

is amended by adding at the end the following: 

‘‘(3) In the administration of paragraph (1)— 

‘‘(A) subparagraph (A) of such paragraph shall apply with 

respect to service performed before, on, or after April 7, 1986; 

and 

‘‘(B) subparagraph (B) of such paragraph— 

‘‘(i) shall apply with respect to that portion of any 

annuity which is attributable to service performed on or 

after April 7, 1986; and 

‘‘(ii) shall not apply with respect to that portion of 

any annuity which is attributable to service performed 

before April 7, 1986.’’. 

(b) APPLICABILITY.—The amendment made by subsection (a) 

shall be effective with respect to any annuity, entitlement to which 

is based on a separation from service occurring on or after the 

date of enactment of this Act. 

SEC. 1904. AUTHORITY TO DEPOSIT REFUNDS UNDER FERS. 

(a) DEPOSIT AUTHORITY.—Section 8422 of title 5, United States 

Code, is amended by adding at the end the following: 

‘‘(i)(1) Each employee or Member who has received a refund 

of retirement deductions under this or any other retirement system 

established for employees of the Government covering service for 

which such employee or Member may be allowed credit under 

this chapter may deposit the amount received, with interest. Credit 

may not be allowed for the service covered by the refund until 

the deposit is made. 

‘‘(2) Interest under this subsection shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations 

prescribed by the Office. The option under the third sentence of 

section 8334(e)(2) to make a deposit in one or more installments 

shall apply to deposits under this subsection. 

‘‘(3) For the purpose of survivor annuities, deposits authorized 

by this subsection may also be made by a survivor of an employee 

or Member.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) DEFINITIONAL AMENDMENT.—Section 8401(19)(C) of title 

5, United States Code, is amended by striking ‘‘8411(f);’’ and 

inserting ‘‘8411(f) or 8422(i);’’. 

(2) CREDITING OF DEPOSITS.—Section 8422(c) of title 5, 

United States Code, is amended by adding at the end the 

following: ‘‘Deposits made by an employee, Member, or survivor 

also shall be credited to the Fund.’’. 

(3) SECTION HEADING.—(A) The heading for section 8422 

of title 5, United States Code, is amended to read as follows: 

5 USC 8339 note. 

Applicability. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2617 

‘‘§ 8422. Deductions from pay; contributions for other service; 

deposits’’. 

(B) The analysis for chapter 84 of title 5, United States 

Code, is amended by striking the item relating to section 8422 

and inserting the following: 

‘‘8422. Deductions from pay; contributions for other service; deposits.’’. 

(4) RESTORATION OF ANNUITY RIGHTS.—The last sentence 

of section 8424(a) of title 5, United States Code, is amended 

by striking ‘‘based.’’ and inserting ‘‘based, until the employee 

or Member is reemployed in the service subject to this chapter.’’. 

SEC. 1905. RETIREMENT CREDIT FOR SERVICE OF CERTAIN 

EMPLOYEES TRANSFERRED FROM DISTRICT OF 

COLUMBIA SERVICE TO FEDERAL SERVICE. 

(a) RETIREMENT CREDIT.— 

(1) IN GENERAL.—Any individual who is treated as an 

employee of the Federal Government for purposes of chapter 

83 or chapter 84 of title 5, United States Code, on or after 

the date of enactment of this Act who performed qualifying 

District of Columbia service shall be entitled to have such 

service included in calculating the individual’s creditable service 

under section 8332 or 8411 of title 5, United States Code, 

but only for purposes of the following provisions of such title: 

(A) Sections 8333 and 8410 (relating to eligibility for 

annuity). 

(B) Sections 8336 (other than subsections (d), (h), and 

(p) thereof) and 8412 (relating to immediate retirement). 

(C) Sections 8338 and 8413 (relating to deferred retirement). 

(D) Sections 8336(d), 8336(h), 8336(p), and 8414 

(relating to early retirement). 

(E) Section 8341 and subchapter IV of chapter 84 

(relating to survivor annuities). 

(F) Section 8337 and subchapter V of chapter 84 

(relating to disability benefits). 

(2) TREATMENT OF DETENTION OFFICER SERVICE AS LAW

ENFORCEMENT OFFICER SERVICE.—Any portion of an individual’s 

qualifying District of Columbia service which consisted of 

service as a detention officer under section 2604(2) of the District of Columbia Government Comprehensive Merit Personnel 

Act of 1978 (sec. 1-626.04(2), D.C. Official Code) shall be treated 

as service as a law enforcement officer under sections 8331(20) 

or 8401(17) of title 5, United States Code, for purposes of 

applying paragraph (1) with respect to the individual. 

(3) SERVICE NOT INCLUDED IN COMPUTING AMOUNT OF ANY

ANNUITY.—Qualifying District of Columbia service shall not 

be taken into account for purposes of computing the amount 

of any benefit payable out of the Civil Service Retirement 

and Disability Fund. 

(b) QUALIFYING DISTRICT OF COLUMBIA SERVICE DEFINED.— 

In this section, ‘‘qualifying District of Columbia service’’ means 

any of the following: 

(1) Service performed by an individual as a nonjudicial 

employee of the District of Columbia courts— 

5 USC 8332 note. 


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123 STAT. 2618 PUBLIC LAW 111–84—OCT. 28, 2009 

(A) which was performed prior to the effective date 

of the amendments made by section 11246(b) of the Balanced Budget Act of 1997; and 

(B) for which the individual did not ever receive credit 

under the provisions of subchapter III of chapter 83 or 

chapter 84 of title 5, United States Code (other than by 

virtue of section 8331(1)(iv) of such title). 

(2) Service performed by an individual as an employee 

of an entity of the District of Columbia government whose 

functions were transferred to the Pretrial Services, Parole, 

Adult Supervision, and Offender Supervision Trustee under 

section 11232 of the Balanced Budget Act of 1997— 

(A) which was performed prior to the effective date 

of the individual’s coverage as an employee of the Federal 

Government under section 11232(f) of such Act; and 

(B) for which the individual did not ever receive credit 

under the provisions of subchapter III of chapter 83 or 

chapter 84 of title 5, United States Code (other than by 

virtue of section 8331(1)(iv) of such title). 

(3) Service performed by an individual as an employee 

of the District of Columbia Public Defender Service— 

(A) which was performed prior to the effective date 

of the amendments made by section 7(e) of the District 

of Columbia Courts and Justice Technical Corrections Act 

of 1998; and 

(B) for which the individual did not ever receive credit 

under the provisions of subchapter III of chapter 83 or 

chapter 84 of title 5, United States Code (other than by 

virtue of section 8331(1)(iv) of such title). 

(4) In the case of an individual who was an employee 

of the District of Columbia Department of Corrections who 

was separated from service as a result of the closing of the 

Lorton Correctional Complex and who was appointed to a position with the Bureau of Prisons, the District of Columbia courts, 

the Pretrial Services, Parole, Adult Supervision, and Offender 

Supervision Trustee, the United States Parole Commission, 

or the District of Columbia Public Defender Service, service 

performed by the individual as an employee of the District 

of Columbia Department of Corrections— 

(A) which was performed prior to the effective date 

of the individual’s coverage as an employee of the Federal 

Government; and 

(B) for which the individual did not ever receive credit 

under the provisions of subchapter III of chapter 83 or 

chapter 84 of title 5, United States Code (other than by 

virtue of section 8331(1)(iv) of such title). 

(c) CERTIFICATION OF SERVICE.—The Office of Personnel 

Management shall accept the certification of the appropriate personnel official of the government of the District of Columbia or 

other independent employing entity concerning whether an individual performed qualifying District of Columbia service and the 

length of the period of such service the individual performed. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2619 

Subtitle B—Non-Foreign Area Retirement 

Equity Assurance 

SEC. 1911. SHORT TITLE. 

This subtitle may be cited as the ‘‘Non-Foreign Area Retirement 

Equity Assurance Act of 2009’’ or the ‘‘Non-Foreign AREA Act 

of 2009’’. 

SEC. 1912. EXTENSION OF LOCALITY PAY. 

(a) LOCALITY-BASED COMPARABILITY PAYMENTS.—Section 5304 

of title 5, United States Code, is amended— 

(1) in subsection (f)(1), by striking subparagraph (A) and 

inserting the following: 

‘‘(A) each General Schedule position in the United States, 

as defined under section 5921(4), and its territories and possessions, including the Commonwealth of Puerto Rico and the 

Commonwealth of the Northern Mariana Islands, shall be 

included within a pay locality; and’’; 

(2) in subsection (g)— 

(A) in paragraph (2)— 

(i) by striking ‘‘and’’ at the end of subparagraph 

(A); and 

(ii) by striking subparagraph (B) and inserting 

the following: 

‘‘(B) positions under subsection (h)(1)(C) not covered by 

appraisal systems certified under subsection 5307(d); and 

‘‘(C) any positions under subsection (h)(1)(D) as the President may determine.’’; and 

(B) by adding at the end the following: 

‘‘(3) The applicable maximum under this subsection shall be 

level II of the Executive Schedule for positions under subsection 

(h)(1)(C) covered by appraisal systems certified under section 

5307(d).’’; 

(3) in subsection (h)(1)— 

(A) in subparagraph (B), by striking ‘‘and’’ after the 

semicolon; 

(B) by redesignating subparagraph (C) as subparagraph (D); 

(C) by inserting after subparagraph (B) the following: 

‘‘(C) a Senior Executive Service position under section 3132 

or 3151 or a senior level position under section 5376 stationed 

within the United States, but outside the 48 contiguous States 

and the District of Columbia in which the incumbent was 

an individual who on the day before the effective date of section 

1912 of the Non-Foreign Area Retirement Equity Assurance 

Act of 2009 was eligible to receive a cost-of-living allowance 

under section 5941 and who thereafter has served continuously 

in an area in which such an allowance was payable; and’’; 

(D) in clause (iv) (in the matter following subparagraph 

(D)), by inserting ‘‘, except for a position covered by 

subparagraph (C)’’ before the semicolon; 

(E) in clause (v) (in the matter following subparagraph 

(D)), by inserting ‘‘, except for a position covered by 

subparagraph (C)’’ before the semicolon; and 

Non-Foreign 

Area Retirement 

Equity Assurance 

Act of 2009. 

5 USC 5304 note. 


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123 STAT. 2620 PUBLIC LAW 111–84—OCT. 28, 2009 

(F) in clause (vii) (in the matter following subparagraph 

(D)), by inserting ‘‘, except for a position covered by 

subparagraph (C)’’ before the period; and 

(4) in subsection (h)(2)— 

(A) in subparagraph (B)(i), by striking ‘‘and (B)’’ and 

inserting ‘‘through (C)’’; and 

(B) in subparagraph (B)(ii), by striking ‘‘(1)(C)’’ and 

inserting ‘‘(1)(D)’’. 

(b) ALLOWANCES BASED ON LIVING COSTS AND CONDITIONS OF

ENVIRONMENT.—Section 5941 of title 5, United States Code, is 

amended— 

(1) in subsection (a), by adding at the end the following: 

‘‘Notwithstanding any preceding provision of this subsection, 

the cost-of-living allowance rate based on paragraph (1) shall 

be the cost-of-living allowance rate in effect on the date of 

enactment of the Non-Foreign Area Retirement Equity Assurance Act of 2009, except as adjusted under subsection (c).’’; 

(2) by redesignating subsection (b) as subsection (d); and 

(3) by inserting after subsection (a) the following: 

‘‘(b) This section shall apply only to areas that are designated 

as cost-of-living allowance areas as in effect on December 31, 2009. 

‘‘(c)(1) The cost-of-living allowance rate payable under this section shall be adjusted on the first day of the first applicable pay 

period beginning on or after— 

‘‘(A) January 1, 2010; and 

‘‘(B) January 1 of each calendar year in which a localitybased comparability adjustment takes effect under paragraphs 

(2) and (3), respectively, of section 1914 of the Non-Foreign 

Area Retirement Equity Assurance Act of 2009. 

‘‘(2)(A) In this paragraph, the term ‘applicable locality-based 

comparability pay percentage’ means, with respect to calendar year 

2010 and each calendar year thereafter, the applicable percentage 

under paragraph (1), (2), or (3) of section 1914 of Non-Foreign 

Area Retirement Equity Assurance Act of 2009. 

‘‘(B) Each adjusted cost-of-living allowance rate under paragraph (1) shall be computed by— 

‘‘(i) subtracting 65 percent of the applicable locality-based 

comparability pay percentage from the cost-of-living allowance 

percentage rate in effect on December 31, 2009; and 

‘‘(ii) dividing the resulting percentage determined under 

clause (i) by the sum of— 

‘‘(I) one; and 

‘‘(II) the applicable locality-based comparability payment percentage expressed as a numeral. 

‘‘(3) No allowance rate computed under paragraph (2) may 

be less than zero. 

‘‘(4) Each allowance rate computed under paragraph (2) shall 

be paid as a percentage of basic pay (including any applicable 

locality-based comparability payment under section 5304 or similar 

provision of law and any applicable special rate of pay under section 

5305 or similar provision of law).’’. 

SEC. 1913. ADJUSTMENT OF SPECIAL RATES. 

(a) IN GENERAL.—Each special rate of pay established under 

section 5305 of title 5, United States Code, and payable in an 

area designated as a cost-of-living allowance area under section 

5941(a) of that title, shall be adjusted, on the dates prescribed 

Definition. 

Time period. 

Applicability. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2621 

by section 1914, in accordance with regulations prescribed by the 

Director of the Office of Personnel Management under section 1918. 

(b) AGENCIES WITH STATUTORY AUTHORITY.— 

(1) IN GENERAL.—Each special rate of pay established under 

an authority described under paragraph (2) and payable in 

a location designated as a cost-of-living allowance area under 

section 5941(a)(1) of title 5, United States Code, shall be 

adjusted in accordance with regulations prescribed by the 

applicable head of the agency that are consistent with the 

regulations issued by the Director of the Office of Personnel 

Management under subsection (a). 

(2) STATUTORY AUTHORITY.—The authority referred to 

under paragraph (1), is any statutory authority that— 

(A) is similar to the authority exercised under section 

5305 of title 5, United States Code; 

(B) is exercised by the head of an agency when the 

head of the agency determines it to be necessary in order 

to obtain or retain the services of persons specified by 

statute; and 

(C) authorizes the head of the agency to increase the 

minimum, intermediate, or maximum rates of basic pay 

authorized under applicable statutes and regulations. 

(c) TEMPORARY ADJUSTMENT.—Regulations issued under subsection (a) or (b) may provide that statutory limitations on the 

amount of such special rates may be temporarily raised to a higher 

level during the transition period described in section 1914 ending 

on the first day of the first pay period beginning on or after 

January 1, 2012, at which time any special rate of pay in excess 

of the applicable limitation shall be converted to a retained rate 

under section 5363 of title 5, United States Code. 

SEC. 1914. TRANSITION SCHEDULE FOR LOCALITY-BASED COMPARABILITY PAYMENTS. 

Notwithstanding any other provision of this subtitle or section 

5304 or 5304a of title 5, United States Code, in implementing 

the amendments made by this subtitle, for each non-foreign area 

determined under section 5941(b) of such title, the applicable rate 

for the locality-based comparability adjustment that is used in 

the computation required under section 5941(c) of such title shall 

be adjusted, effective on the first day of the first pay period beginning on or after January 1— 

(1) in calendar year 2010, by using 1/3 of the locality 

pay percentage for the rest of United States locality pay area; 

(2) in calendar year 2011, by using 2/3 of the otherwise 

applicable comparability payment approved by the President 

for each non-foreign area; and 

(3) in calendar year 2012 and each subsequent year, by 

using the full amount of the applicable comparability payment 

approved by the President for each non-foreign area. 

SEC. 1915. SAVINGS PROVISION. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the application of this subtitle to any employee should 

not result in a decrease in the take home pay of that employee; 

(2) in calendar year 2012 and each subsequent year, no 

employee shall receive less than the Rest of the U.S. locality 

pay rate; 

President. 

Regulations. 


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123 STAT. 2622 PUBLIC LAW 111–84—OCT. 28, 2009 

(3) concurrent with the surveys next conducted under the 

provisions of section 5304(d)(1)(A) of title 5, United States 

Code, beginning after the date of the enactment of this Act, 

the Bureau of Labor Statistics should conduct separate surveys 

to determine the extent of any pay disparity (as defined by 

section 5302 of that title) that may exist with respect to positions located in the State of Alaska, the State of Hawaii, and 

the United States territories, including American Samoa, 

Guam, Commonwealth of the Northern Mariana Islands, 

Commonwealth of Puerto Rico, and the United States Virgin 

Islands; 

(4) if the surveys under paragraph (3) indicate that the 

pay disparity determined for the State of Alaska, the State 

of Hawaii, or any 1 of the United States territories including 

American Samoa, Guam, Commonwealth of the Northern Mariana Islands, Commonwealth of Puerto Rico, and the United 

States Virgin Islands exceeds the pay disparity determined 

for the locality which (for purposes of section 5304 of that 

title) is commonly known as the ‘‘Rest of the United States’’, 

the President’s Pay Agent should take appropriate measures 

to provide that each such surveyed area be treated as a separate 

pay locality for purposes of that section; and 

(5) the President’s Pay Agent will establish 1 locality area 

for the entire State of Hawaii and 1 locality area for the 

entire State of Alaska. 

(b) SAVINGS PROVISIONS.— 

(1) IN GENERAL.—During the transition period described 

in section 1914 ending on the first day of the first pay period 

beginning on or after January 1, 2012, an employee paid a 

special rate under 5305 of title 5, United States Code, who 

the day before the date of enactment of this Act was eligible 

to receive a cost-of-living allowance under section 5941 of title 

5, United States Code, and who continues to be officially stationed in an allowance area, shall receive an increase in the 

employee’s special rate consistent with increases in the 

applicable special rate schedule. For employees in allowance 

areas, the minimum step rate for any grade of a special rate 

schedule shall be increased at the time of an increase in the 

applicable locality rate percentage for the allowance area by 

not less than the dollar increase in the locality-based comparability payment for a non-special rate employee at the same 

minimum step provided under section 1914 of this subtitle, 

and corresponding increases shall be provided for all step rates 

of the given pay range. 

(2) CONTINUATION OF COST OF LIVING ALLOWANCE RATE.— 

If an employee, who the day before the date of enactment 

of this Act was eligible to receive a cost-of-living allowance 

under section 5941 of title 5, United States Code, would receive 

a rate of basic pay and applicable locality-based comparability 

payment which is in excess of the maximum rate limitation 

set under section 5304(g) of title 5, United States Code, for 

his position (but for that maximum rate limitation) due to 

the operation of this subtitle, the employee shall continue to 

receive the cost-of-living allowance rate in effect on December 

31, 2009 without adjustment until— 

(A) the employee leaves the allowance area or pay 

system; or 

Time period. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2623 

(B) the employee is entitled to receive basic pay 

(including any applicable locality-based comparability payment or similar supplement) at a higher rate, 

but, when any such position becomes vacant, the pay of any 

subsequent appointee thereto shall be fixed in the manner 

provided by applicable law and regulation. 

(3) LOCALITY-BASED COMPARABILITY PAYMENTS.—Any 

employee covered under paragraph (2) shall receive any 

applicable locality-based comparability payment extended under 

section 1914 of this subtitle which is not in excess of the 

maximum rate set under section 5304(g) of title 5, United 

States Code, for his position including any future increase 

to statutory pay limitations under 5318 of title 5, United States 

Code. Notwithstanding paragraph (2), to the extent that an 

employee covered under that paragraph receives any amount 

of locality-based comparability payment, the cost-of-living allowance rate under that paragraph shall be reduced accordingly, 

as provided under section 5941(c)(2)(B) of title 5, United States 

Code. 

SEC. 1916. APPLICATION TO OTHER ELIGIBLE EMPLOYEES. 

(a) IN GENERAL.— 

(1) DEFINITION.—In this subsection, the term ‘‘covered 

employee’’ means— 

(A) any employee who— 

(i) on the day before the date of enactment of 

this Act— 

(I) was eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; 

and 

(II) was not eligible to be paid locality-based 

comparability payments under 5304 or 5304a of 

that title; or 

(ii) on or after the date of enactment of this Act 

becomes eligible to be paid a cost-of-living allowance 

under 5941 of title 5, United States Code; or 

(B) any employee who— 

(i) on the day before the date of enactment of 

this Act— 

(I) was eligible to be paid an allowance under 

section 1603(b) of title 10, United States Code; 

(II) was eligible to be paid an allowance under 

section 1005(b) of title 39, United States Code; 

(III) was employed by the Transportation 

Security Administration of the Department of 

Homeland Security and was eligible to be paid 

an allowance based on section 5941 of title 5, 

United States Code; or 

(IV) was eligible to be paid under any other 

authority a cost-of-living allowance that is equivalent to the cost-of-living allowance under section 

5941 of title 5, United States Code; or 

(ii) on or after the date of enactment of this Act— 

(I) becomes eligible to be paid an allowance 

under section 1603(b) of title 10, United States 

Code; 


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123 STAT. 2624 PUBLIC LAW 111–84—OCT. 28, 2009 

(II) becomes eligible to be paid an allowance 

under section 1005(b) of title 39, United States 

Code; 

(III) is employed by the Transportation Security Administration of the Department of Homeland Security and becomes eligible to be paid an 

allowance based on section 5941 of title 5, United 

States Code; or 

(IV) becomes eligible to be paid under any 

other authority a cost-of-living allowance that is 

equivalent to the cost-of-living allowance under 

section 5941 of title 5, United States Code. 

(2) APPLICATION TO COVERED EMPLOYEES.— (A) IN GENERAL.—Notwithstanding any other provision 

of law, for purposes of this subtitle (including the amendments made by this subtitle) any covered employee shall 

be treated as an employee to whom section 5941 of title 

5, United States Code (as amended by section 1912 of 

this subtitle), and section 1914 of this subtitle apply. 

(B) PAY FIXED BY STATUTE.—Pay to covered employees 

under section 5304 or 5304a of title 5, United States Code, 

as a result of the application of this subtitle shall be 

considered to be fixed by statute. 

(C) PERFORMANCE APPRAISAL SYSTEM.—With respect to 

a covered employee who is subject to a performance 

appraisal system no part of pay attributable to localitybased comparability payments as a result of the application 

of this subtitle including section 5941 of title 5, United 

States Code (as amended by section 1912 of this subtitle), 

may be reduced on the basis of the performance of that 

employee. 

(b) POSTAL EMPLOYEES IN NON-FOREIGN AREAS.— 

(1) IN GENERAL.—Section 1005(b) of title 39, United States 

Code, is amended— 

(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

(B) by striking ‘‘Section 5941,’’ and inserting ‘‘Except 

as provided under paragraph (2), section 5941’’; 

(C) by striking ‘‘For purposes of such section,’’ and 

inserting ‘‘Except as provided under paragraph (2), for purposes of section 5941 of that title,’’; and 

(D) by adding at the end the following: 

‘‘(2) On and after the date of enactment of the Non-Foreign 

Area Retirement Equity Assurance Act of 2009— 

‘‘(A) the provisions of that Act and section 5941 of title 

5 shall apply to officers and employees covered by section 

1003 (b) and (c) whose duty station is in a nonforeign area; 

and 

‘‘(B) with respect to officers and employees of the Postal 

Service (other than those officers and employees described 

under subparagraph (A)) of section 1916(b)(2) of that Act shall 

apply.’’. 

(2) CONTINUATION OF COST OF LIVING ALLOWANCE.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of this subtitle, any employee of the Postal Service (other 

than an employee covered by section 1003 (b) and (c) of 

title 39, United States Code, whose duty station is in 

a nonforeign area) who is paid an allowance under section 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2625 

1005(b) of that title shall be treated for all purposes as 

if the provisions of this subtitle (including the amendments 

made by this subtitle) had not been enacted, except that 

the cost-of-living allowance rate paid to that employee— 

(i) may result in the allowance exceeding 25 percent of the rate of basic pay of that employee; and 

(ii) shall be the greater of— 

(I) the cost-of-living allowance rate in effect 

on December 31, 2009 for the applicable area; or 

(II) the applicable locality-based comparability 

pay percentage under section 1914. 

(B) RULE OF CONSTRUCTION.—Nothing in this subtitle 

shall be construed to— 

(i) provide for an employee described under 

subparagraph (A) to be a covered employee as defined 

under subsection (a); or 

(ii) authorize an employee described under 

subparagraph (A) to file an election under section 1917 

of this subtitle. 

SEC. 1917. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY EMPLOYEES. 

(a) DEFINITION.—In this section the term ‘‘covered employee’’ 

means any employee— 

(1) to whom section 1914 applies; 

(2) who is separated from service by reason of retirement 

under chapter 83 or 84 of title 5, United States Code, during 

the period of January 1, 2010, through December 31, 2012; 

and 

(3) who files an election with the Office of Personnel 

Management under subsection (b). 

(b) ELECTION.— 

(1) IN GENERAL.—An employee described under subsection 

(a) (1) and (2) may file an election with the Office of Personnel 

Management to be covered under this section. 

(2) DEADLINE.—An election under this subsection may be 

filed not later than December 31, 2012. 

(c) COMPUTATION OF ANNUITY.— 

(1) IN GENERAL.—Except as provided under paragraph (2), 

for purposes of the computation of an annuity of a covered 

employee any cost-of-living allowance under section 5941 of 

title 5, United States Code, paid to that employee during the 

first applicable pay period beginning on or after January 1, 

2010 through the first applicable pay period ending on or after 

December 31, 2012, shall be considered basic pay as defined 

under section 8331(3) or 8401(4) of that title. 

(2) LIMITATION.—An employee’s cost-of-living allowance 

may be considered basic pay under paragraph (1) only to the 

extent that, when added to the employee’s locality-based comparability payments, the resulting sum does not exceed the 

amount of the locality-based comparability payments the 

employee would have received during that period for the 

applicable pay area if the limitation under section 1914 did 

not apply. 

(d) CIVIL SERVICE RETIREMENT AND DISABILITY RETIREMENT

FUND.— 


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123 STAT. 2626 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) EMPLOYEE CONTRIBUTIONS.—A covered employee shall 

pay into the Civil Service Retirement and Disability Retirement 

Fund— 

(A) an amount equal to the difference between— 

(i) employee contributions that would have been 

deducted and withheld from pay under section 8334 

or 8422 of title 5, United States Code, during the 

period described under subsection (c) of this section 

if the cost-of-living allowances described under that 

subsection had been treated as basic pay under section 

8331(3) or 8401(4) of title 5, United States Code; and 

(ii) employee contributions that were actually 

deducted and withheld from pay under section 8334 

or 8422 of title 5, United States Code, during that 

period; and 

(B) interest as prescribed under section 8334(e) of title 

5, United States Code, based on the amount determined 

under subparagraph (A). 

(2) AGENCY CONTRIBUTIONS.— 

(A) IN GENERAL.—The employing agency of a covered 

employee shall pay into the Civil Service Retirement and 

Disability Retirement Fund an amount for applicable 

agency contributions based on payments made under paragraph (1). 

(B) SOURCE.—Amounts paid under this paragraph shall 

be contributed from the appropriation or fund used to pay 

the employee. 

(3) REGULATIONS.—The Office of Personnel Management 

may prescribe regulations to carry out this section. 

SEC. 1918. REGULATIONS. 

(a) IN GENERAL.—The Director of the Office of Personnel 

Management shall prescribe regulations to carry out this subtitle, 

including— 

(1) rules for special rate employees described under section 

1913; 

(2) rules for adjusting rates of basic pay for employees 

in pay systems administered by the Office of Personnel Management when such employees are not entitled to locality-based 

comparability payments under section 5304 of title 5, United 

States Code, without regard to otherwise applicable statutory 

pay limitations during the transition period described in section 

1914 ending on the first day of the first pay period beginning 

on or after January 1, 2012; and 

(3) rules governing establishment and adjustment of saved 

or retained rates for any employee whose rate of pay exceeds 

applicable pay limitations on the first day of the first pay 

period beginning on or after January 1, 2012. 

(b) OTHER PAY SYSTEMS.—With the concurrence of the Director 

of the Office of Personnel Management, the administrator of a 

pay system not administered by the Office of Personnel Management shall prescribe regulations to carry out this subtitle with 

respect to employees in such pay system, consistent with the regulations prescribed by the Office under subsection (a). With respect 

to employees not entitled to locality-based comparability payments 

under section 5304 of title 5, United States Code, regulations prescribed under this subsection may provide for special payments 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2627 

or adjustments for employees who were eligible to receive a costof-living allowance under section 5941 of that title on the date 

before the date of enactment of this Act. 

SEC. 1919. EFFECTIVE DATES. 

(a) IN GENERAL.—Except as provided by subsection (b), this 

subtitle (including the amendments made by this subtitle) shall 

take effect on the date of enactment of this Act. 

(b) LOCALITY PAY AND SCHEDULE.—The amendments made by 

section 1912 and the provisions of section 1914 shall take effect 

on the first day of the first applicable pay period beginning on 

or after January 1, 2010. 

DIVISION B—MILITARY CONSTRUCTION 

AUTHORIZATIONS 

SEC. 2001. SHORT TITLE. 

This division may be cited as the ‘‘Military Construction 

Authorization Act for Fiscal Year 2010’’. 

SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS 

REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 

Except as provided in subsection (b), all authorizations contained 

in titles XXI through XXVII and title XXIX for military construction 

projects, land acquisition, family housing projects and facilities, 

and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations 

therefor) shall expire on the later of— 

(1) October 1, 2012; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2013. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have 

been obligated before the later of— 

(1) October 1, 2012; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2013 for military construction projects, land 

acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program. 

SEC. 2003. RELATION TO FUNDING TABLES. 

(a) MILITARY CONSTRUCTION, MILITARY FAMILY HOUSING, AND

RELATED ACTIVITIES.—The amounts authorized to be appropriated 

by sections 2104, 2204, 2304, 2404, 2411, 2502, and 2606 shall 

be available, in accordance with the requirements of section 4001, 

for projects, programs, and activities, and in the amounts, specified 

in the funding table in section 4501. 

(b) BASE CLOSURE AND REALIGNMENT ACTIVITIES.—The 

amounts authorized to be appropriated by section 2703 shall be 

available, in accordance with the requirements of section 4001, 

Military 

Construction 

Authorization 

Act for Fiscal 

Year 2010. 


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123 STAT. 2628 PUBLIC LAW 111–84—OCT. 28, 2009 

for projects, programs, and activities, and in the amounts, specified 

in the funding table in section 4502. 

(c) OVERSEAS CONTINGENCY OPERATIONS.—The amounts 

authorized to be appropriated by sections 2901 and 2902 shall 

be available, in accordance with the requirements of section 4001, 

for projects, programs, and activities, and in the amounts, specified 

in the funding table in section 4503. 

SEC. 2004. GENERAL REDUCTION ACROSS DIVISION. 

(a) REDUCTION.—Of the amounts provided in the authorizations 

of appropriations in this division, the overall authorization of appropriations in this division is reduced by $529,091,000. 

(b) REPORT ON APPLICATION.—Not later than 90 days after 

the date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

describing how the reduction required by subsection (a) is applied. 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2106. Extension of authorizations of certain fiscal year 2006 projects. 

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(1), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alabama ........................ Anniston Army Depot ............................................... $3,300,000 

Redstone Arsenal ...................................................... $3,550,000 

Alaska ........................... Fort Richardson ........................................................ $56,050,000 

Fort Wainwright ....................................................... $198,000,000 

Arizona .......................... Fort Huachuca .......................................................... $27,700,000 

Arkansas ....................... Pine Bluff Arsenal .................................................... $25,000,000 

California ...................... Fort Irwin .................................................................. $9,500,000 

Colorado ........................ Fort Carson ............................................................... $240,950,000 

Florida .......................... Eglin Air Force Base ................................................ $132,800,000 

Georgia .......................... Fort Benning ............................................................. $295,300,000 

Fort Gillem ................................................................ $10,800,000 

Fort Stewart .............................................................. $100,400,000 

Hawaii ........................... Schofield Barracks .................................................... $184,000,000 

Wheeler Army Air Field ........................................... $7,500,000 

Kansas .......................... Fort Riley .................................................................. $168,500,000 

Kentucky ....................... Fort Campbell ........................................................... $14,400,000 

Fort Knox .................................................................. $70,000,000 

Louisiana ...................... Fort Polk ................................................................... $55,400,000 

Maryland ...................... Aberdeen Proving Ground ....................................... $15,500,000 

Fort Detrick .............................................................. $46,400,000 

Fort Meade ................................................................ $2,350,000 

Missouri ........................ Fort Leonard Wood ................................................... $170,800,000 

New Jersey ................... Picatinny Arsenal ..................................................... $10,200,000 

New York ...................... Fort Drum ................................................................. $92,700,000 

North Carolina ............. Fort Bragg ................................................................. $114,600,000 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2629 

Army: Inside the United States—Continued 

State Installation or Location Amount 

Sunny Point Military Ocean Terminal ................... $28,900,000 

Oklahoma ..................... Fort Sill ..................................................................... $90,500,000 

McAlester Army Ammunition Plant ....................... $12,500,000 

South Carolina ............. Charleston Naval Weapons Station ........................ $21,800,000 

Fort Jackson .............................................................. $103,500,000 

Texas ............................. Fort Bliss ................................................................... $219,400,000 

Fort Hood .................................................................. $42,900,000 

Fort Sam Houston .................................................... $19,800,000 

Utah .............................. Dugway Proving Ground .......................................... $25,000,000 

Virginia ......................... Fort A.P. Hill ............................................................ $23,000,000 

Fort Belvoir ............................................................... $17,900,000 

Fort Eustis ................................................................ $8,900,000 

Fort Lee ..................................................................... $5,000,000 

Washington ................... Fort Lewis ................................................................. $18,700,000 

Various locations .......... Troop Trainee Housing ............................................ $350,000,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(2), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ............... Bagram Air Base ..................................... $87,100,000 

Belgium ...................... Mons ......................................................... $20,000,000 

Germany .................... Ansbach .................................................... $31,700,000 

Kleber Kaserne ........................................ $20,000,000 

Japan ......................... Okinawa ................................................... $6,000,000 

Sagamihara .............................................. $6,000,000 

Korea .......................... Camp Humphreys ................................... $50,200,000 

Kuwait ....................... Camp Arifjan ........................................... $82,000,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(5)(A), the Secretary of the Army may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the installations or locations, in the number of units, 

and in the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Germany ................. Baumholder ........... 38 ............... $18,000,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(5)(A), the Secretary of the Army may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of family housing units 

in an amount not to exceed $3,936,000. 


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123 STAT. 2630 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may 

improve existing military family housing units in an amount not 

to exceed $219,300,000. 

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Army in the total amount 

of $4,516,073,000 as follows: 

(1) For military construction projects inside the United 

States authorized by section 2101(a), $2,752,500,000. 

(2) For military construction projects outside the United 

States authorized by section 2101(b), $303,000,000. 

(3) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$25,000,000. 

(4) For host nation support and architectural and 

engineering services and construction design under section 2807 

of title 10, United States Code, $200,519,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $241,236,000. 

(B) For support of military family housing (including 

the functions described in section 2833 of title 10, United 

States Code), $523,418,000. 

(6) For the construction of increment 4 of a brigade complex 

at Fort Lewis, Washington, authorized by section 2101(a) of 

the Military Construction Authorization Act for Fiscal Year 

2007 (division B of Public Law 109–364; 120 Stat. 2445), as 

amended by section 20814 of the Continuing Appropriations 

Resolution, 2007 (division B of Public Law 109–289), as added 

by section 2 of the Revised Continuing Resolution, 2007 (Public 

Law 110–5; 121 Stat 41) $102,000,000. 

(7) For the construction of increment 3 of the United States 

Southern Command Headquarters at Miami Doral, Florida, 

authorized by section 2101(a) of the Military Construction 

Authorization Act for Fiscal Year 2008 (division B of Public 

Law 110–181; 122 Stat. 504), $55,400,000. 

(8) For the construction of increment 3 of the brigade 

complex operations support facility at Vicenza, Italy, authorized 

by section 2101(b) of the Military Construction Authorization 

Act for Fiscal Year 2008 (division B of Public Law 110–181; 

122 Stat. 505), $23,500,000. 

(9) For the construction of increment 3 of the brigade 

complex barracks and community support facility at Vicenza, 

Italy, authorized by section 2101(b) of the Military Construction 

Authorization Act for Fiscal Year 2008 (division B of Public 

Law 110–181; 122 Stat. 505), $22,500,000. 

(10) For the construction of increment 2 of a barracks 

and dining complex at Fort Carson, Colorado, authorized by 

section 2101(a) of the Military Construction Authorization Act 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2631 

for Fiscal Year 2009 (division B of Public Law 110–417; 122 

Stat. 4659), $60,000,000. 

(11) For the construction of increment 2 of a barracks 

and dining complex at Fort Stewart, Georgia, authorized by 

section 2101(a) of the Military Construction Authorization Act 

for Fiscal Year 2009 (division B of Public Law 110–417; 122 

Stat. 4659), $80,000,000. 

(12) For the construction of increment 2 of the family 

housing replacement construction at Wiesbaden Air Base, Germany, authorized by section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public 

Law 110–417; 122 Stat. 4663), $10,000,000. 

(13) For the construction of increment 2 of the family 

housing replacement construction at Wiesbaden Air Base, Germany, authorized by section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public 

Law 110–417; 122 Stat. 4663), $11,000,000. 

(14) For the construction of increment 2 of the family 

housing replacement construction at Wiesbaden Air Base, Germany, authorized by section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public 

Law 110–417; 122 Stat. 4663), $11,000,000. 

(15) For the construction of increment 1 of an Aviation 

Task Force Complex Phase 1 at Fort Wainwright, Alaska, 

authorized by section 2101(a), $95,000,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). 

(2) $95,000,000 (the balance of the amount authorized 

under section 2101(a) for an aviation task force complex, Phase 

I at Fort Wainwright, Alaska). (3) $25,000,000 (the balance of the amount authorized 

under section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110– 

181; 122 Stat. 505) for construction of a brigade complex operations support facility at Vicenza, Italy. 

(4) $26,000,000 (the balance of the amount authorized 

under section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110– 

181; 122 Stat. 505) for construction of a brigade complex operations support facility at Vicenza, Italy. 

(c) LIMITATION ON IMPLEMENTATION OF TROOP TRAINEE BARRACKS PROJECTS.—The Secretary of the Army may not enter into 

an award of a project for any troop trainee barracks authorized 

under section 2101(a) until the Secretary submits to the congressional defense committees a report that includes the following: 

(1) Within the amounts authorized to be appropriated 

under subsection (a), a list of the proposed projects. 

(2) A Military Construction Data Sheet for each project. 

(3) A certification that the projects can be awarded in 

the year for which the appropriation of funds is made. 

(4) A certification that the projects are listed in the current 

Future Years Defense Program for the Army. 

Reports. 

Certifications. 


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123 STAT. 2632 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2009 PROJECT. 

In the case of the authorization contained in the table in 

section 2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4659) for Fort 

Bragg, North Carolina, for construction of a chapel at the installation, the Secretary of the Army may construct up to a 22,600 

square-feet (400 person) chapel consistent with the Army’s standard 

square footage for chapel construction guidelines. 

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2006 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B 

of Public Law 109–163; 119 Stat. 3501), authorizations set forth 

in the table in subsection (b), as provided in section 2101 of that 

Act (119 Stat. 3485) and extended by section 2107 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4665), shall remain in effect 

until October 1, 2010, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2011, 

whichever is later: 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army: Extension of 2006 Project Authorizations 

State Installation or 

Location Project Amount 

Hawaii ........... Pohakuloa ............. Tactical Vehicle Wash 

Facility.

$9,207,000 

Battle Area Complex ....... $33,660,000 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects. 

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

Sec. 2205. Modification and extension of authority to carry out certain fiscal year 

2006 project. 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(1), the Secretary of the Navy may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following table: 

Navy: Inside the United States 

State Installation or Location Amount 

Arizona ..................... Marine Corps Air Station, Yuma ............ $28,770,000 

California .................. Mountain Warfare Training Center 

Bridgeport.

$11,290,000 

Marine Corps Base, Camp Pendleton ..... $775,162,000 

Termination 

date. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2633 

Navy: Inside the United States—Continued 

State Installation or Location Amount 

Edwards Air Force Base .......................... $3,007,000 

Naval Station Monterey ........................... $10,240,000 

Marine Corps Base, Twentynine Palms $513,680,000 

Marine Corps Air Station, Miramar ....... $9,280,000 

Point Loma Annex .................................... $11,060,000 

Naval Station, San Diego ......................... $23,590,000 

Connecticut .............. Naval Submarine Base, New London ..... $6,570,000 

Florida ...................... Blount Island Command .......................... $3,760,000 

Eglin Air Force Base ................................ $26,287,000 

Naval Air Station, Jacksonville ............... $5,917,000 

Naval Station, Mayport ............................ $102,345,000 

Naval Air Station, Pensacola ................... $26,161,000 

Naval Air Station, Whiting Field ............ $4,120,000 

Georgia ..................... Marine Corps Logistics Base, Albany ..... $4,870,000 

Hawaii ...................... Oahu .......................................................... $5,380,000 

Naval Station, Pearl Harbor .................... $60,252,000 

Indiana ..................... Naval Support Activity ............................ $13,710,000 

Maine ........................ Portsmouth Naval Shipyard .................... $7,090,000 

Maryland .................. Naval Surface Warfare Center, 

Carderock.

$6,520,000 

Naval Air Station, Patuxent River .......... $11,043,000 

Nevada ...................... Naval Air Station, Fallon ......................... $10,670,000 

North Carolina ......... Marine Corps Base, Camp Lejeune ........ $673,570,000 

Marine Corps Air Station, Cherry Point $22,960,000 

Marine Corps Air Station, New River .... $107,090,000 

Rhode Island ............ Naval Station, Newport ........................... $64,883,000 

South Carolina ......... Marine Corps Air Station, Beaufort ........ $1,280,000 

Marine Corps Recruit Depot, Parris Island.$6,972,000 

Texas ......................... Naval Air Station, Corpus Christi .......... $19,764,000 

Naval Air Station, Kingsville .................. $4,470,000 

Virginia ..................... Naval Amphibious Base, Little Creek .... $13,095,000 

Naval Station Norfolk .............................. $18,139,000 

Naval Special Weapons Center, Dahlgren.$3,660,000 

Dam Neck .................................................. $14,170,000 

Norfolk Naval Shipyard, Portsmouth ..... $226,969,000 

Marine Corps Base, Quantico .................. $105,240,000 

Washington .............. Bremerton ................................................. $108,939,000 

Naval Station, Everett ............................. $3,810,000 

Naval Magazine, Indian Island ............... $13,130,000 

Spokane ..................................................... $12,707,000 

West Virginia ........... Naval Security Group, Sugar Grove ....... $10,990,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(2), the Secretary of the Navy may acquire real property 

and carry out military construction projects for the installation 

or location outside the United States, and in the amounts, set 

forth in the following table: 

Navy: Outside the United States 

Country Installation or Location Amount 

Bahrain ..................... Southwest Asia ........................................... $41,526,000 

Djibouti ..................... Camp Lemonier .......................................... $41,845,000 

Guam ......................... Naval Activities, Guam ............................. $575,006,000 


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123 STAT. 2634 PUBLIC LAW 111–84—OCT. 28, 2009 

Navy: Outside the United States—Continued 

Country Installation or Location Amount 

Spain ......................... Naval Station, Rota ................................... $26,278,000 

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(a)(5)(A), the Secretary of the Navy may construct or acquire 

family housing units (including land acquisition and supporting 

facilities) at the installations or locations, in the number of units, 

and in the amount set forth in the following table: 

Navy: Family Housing 

Location Installation or Location Units Amount 

Korea ............................... Pusan .............................. Welcome center/ warehouse $4,376,000 

Mariana Islands .............. Naval Activities, Guam 30 $20,730,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(5)(A), the Secretary of the Navy may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of family housing units 

in an amount not to exceed $2,771,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may 

improve existing military family housing units in an amount not 

to exceed $118,692,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Navy in the total amount of 

$4,284,112,000, as follows: 

(1) For military construction projects inside the United States authorized by section 2201(a), $2,746,704,000. 

(2) For military construction projects outside the United States authorized by section 2201(b), $233,445,000. 

(3) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$12,483,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$179,652,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $146,569,000. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2635 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $368,540,000. 

(6) For the construction of increment 6 of a limited area 

production and storage complex at Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108– 

375; 118 Stat. 2106), $87,292,000. 

(7) For the construction of increment 2 of enclave fencing 

at Naval Submarine Base, Bangor, Washington, authorized by 

section 2201(a) of the Military Construction Authorization Act 

for Fiscal Year 2006 (division B of Public Law 109–163; 119 

Stat. 3490), as amended by section 2205 of this Act, 

$67,419,000. 

(8) For the construction of increment 2 of a replacement 

maintenance pier at Bremerton, Washington, authorized by 

section 2201(a) of the Military Construction Authorization Act 

for Fiscal Year 2008 (division B of Public Law 110–181; 122 

Stat. 510), $69,064,000. 

(9) For the construction of increment 3 of a submarine 

drive-in magazine silencing facility at Naval Base Pearl Harbor, 

Hawaii, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public 

Law 110–181; 122 Stat. 510), $8,645,000. 

(10) For the construction of the first increment of a ship 

repair pier replacement at Norfolk Naval Shipyard, Virginia, 

authorized by section 2201(a), $126,969,000. 

(11) For the construction of the first increment of a wharves 

improvement, Apra Harbor, Guam, authorized by section 

2201(b), $127,033,000. 

(12) For the construction of the first increment of north 

ramp utilities, Andersen Air Force Base, Guam, authorized 

by section 2201(b), $21,500,000. 

(13) For the construction of the first increment of north 

ramp parking, Andersen Air Force Base, Guam, authorized 

by section 2201(b), $88,797,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). 

(2) $100,000,000 (the balance of the amount authorized 

under section 2201(a) for Ship Repair Pier Replacement at 

the Norfolk Naval Shipyard, Virginia). 

(3) $40,000,000 (the balance of the amount authorized 

under section 2201(b) for wharves improvements, Apra Harbor, 

Guam). 

(4) $41,520,000 (the balance of the amount authorized 

under section 2201(a) for Enclave Fencing/Parking at Bremerton, Washington). 

(5) $94,100,000 (the balance of the amount authorized 

under section 2201(b) for north ramp parking at Andersen 

Air Force Base, Guam). 


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123 STAT. 2636 PUBLIC LAW 111–84—OCT. 28, 2009 

(6) $79,780,000 (the balance of the amount authorized 

under section 2201(b) for north ramp utilities at Andersen 

Air Force Base, Guam). 

SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY TO CARRY 

OUT CERTAIN FISCAL YEAR 2006 PROJECT. 

(a) MODIFICATION.—The table in section 2201(a) of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B 

of Public Law 109–163; 119 Stat. 3490) is amended in the item 

relating to Naval Submarine Base, Bangor, Washington, by striking 

‘‘$60,160,000’’ and inserting ‘‘$127,163,000’’. 

(b) CONFORMING AMENDMENT.—Section 2204(b) of that Act (119 

Stat. 3492) is amended by adding at the end the following new 

paragraph: 

‘‘(11) $67,003,000 (the balance of the amount authorized 

under section 2201(a) for construction of a waterfront security 

enclave at Naval Submarine Base, Bangor, Washington).’’. 

(c) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B 

of Public Law 109–163; 119 Stat. 3501), the authorization relating 

to enclave fencing/parking at Naval Submarine Base, Bangor, Washington (formerly referred to as a project at Naval Submarine Base, 

Bangor, Washington), as provided in section 2201 of that Act, shall 

remain in effect until October 1, 2012, or the date of the enactment 

of an Act authorizing funds for military construction for fiscal 

year 2013, whichever is later. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects. 

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Termination of authority to carry out certain fiscal year 2009 Air Force 

project. 

Sec. 2306. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2307. Extension of authorizations of certain fiscal year 2006 projects. 

Sec. 2308. Conveyance to Indian tribes of certain housing units. 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(1), 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the installations or 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ......................................... Clear Air Force Station .......................... $24,300,000 

Eielson Air Force Base ........................... $13,350,000 

Elmendorf Air Force Base ...................... $15,700,000 

Arizona ........................................ Davis-Monthan Air Force Base ............. $41,900,000 

Arkansas ..................................... Little Rock Air Force Base ..................... $16,200,000 

California .................................... Los Angeles Air Force Base ................... $8,000,000 

Travis Air Force Base ............................ $12,900,000 

Vandenberg Air Force Base ................... $13,000,000 

Colorado ...................................... Peterson Air Force Base ......................... $32,300,000 

Termination 

date. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2637 

Air Force: Inside the United States—Continued 

State Installation or Location Amount 

United States Air Force Academy ......... $17,500,000 

Delaware ..................................... Dover Air Force Base ............................. $24,900,000 

Florida ........................................ Eglin Air Force Base .............................. $84,360,000 

Hurlburt Field ......................................... $19,900,000 

MacDill Air Force Base .......................... $59,300,000 

Patrick Air Force Base ........................... $8,400,000 

Georgia ........................................ Moody Air Force Base ............................ $10,000,000 

Warner Robins Air Force Base .............. $6,200,000 

Hawaii ......................................... Hickam Air Force Base .......................... $4,000,000 

Wheeler Air Force Base ......................... $15,000,000 

Idaho ........................................... Mountain Home Air Force Base ............ $20,000,000 

Illinois ......................................... Scott Air Force Base ............................... $7,400,000 

Louisiana .................................... Barksdale Air Force Base ...................... $12,800,000 

Maryland .................................... Andrews Air Force Base ........................ $9,300,000 

Mississippi .................................. Columbus Air Force Base ...................... $9,800,000 

Missouri ...................................... Whiteman Air Force Base ...................... $12,900,000 

Montana ...................................... Malstrom Air Force Base ....................... $10,600,000 

Nebraska .................................... Offutt Air Force Base ............................. $10,400,000 

Nevada ........................................ Creech Air Force Base ............................ $2,700,000 

New Jersey ................................. McGuire Air Force Base ......................... $7,900,000 

New Mexico ................................ Cannon Air Force Base .......................... $15,000,000 

Holloman Air Force Base ....................... $53,400,000 

Kirtland Air Force Base ......................... $22,500,000 

North Carolina ........................... Pope Air Force Base ............................... $9,000,000 

...................................................... Seymour Johnson Air Force Base ......... $6,900,000 

North Dakota ............................. Grand Forks Air Force Base .................. $12,000,000 

...................................................... Minot Air Force Base ............................. $11,500,000 

Ohio ............................................. Wright-Patterson Air Force Base .......... $58,600,000 

Oklahoma ................................... Altus Air Force Base .............................. $20,300,000 

Tinker Air Force Base ............................ $18,237,000 

Vance Air Force Base ............................. $10,700,000 

South Carolina ........................... Shaw Air Force Base .............................. $21,183,000 

South Dakota ............................. Ellsworth Air Force Base ....................... $14,500,000 

Texas ........................................... Dyess Air Force Base ............................. $4,500,000 

Goodfellow Air Force Base ..................... $44,400,000 

Lackland Air Force Base ........................ $113,879,000 

Sheppard Air Force Base ....................... $13,450,000 

Utah ............................................ Hill Air Force Base ................................. $26,153,000 

Virginia ....................................... Langley Air Force Base .......................... $10,000,000 

Washington ................................. Fairchild Air Force Base ........................ $15,150,000 

Wyoming ..................................... F. E. Warren Air Force Base ................. $9,100,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 2304(2), 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the installations or 

locations outside the United States, and in the amounts, set forth 

in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan .............................. Bagram Air Base ............................................. $22,000,000 

Colombia .................................. Palanquero Air Base ....................................... $46,000,000 

Germany ................................... Ramstein Air Base .......................................... $34,700,000 

Spangdahlem Air Base ................................... $23,500,000 

Guam ........................................ Andersen Air Force Base ................................ $61,702,000 

Italy .......................................... Naval Air Station Sigonella ........................... $31,300,000 

Qatar ........................................ Al Udeid Air Base ........................................... $60,000,000 

Turkey ...................................... Incirlik Air Base .............................................. $9,200,000 


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123 STAT. 2638 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 2302. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2304(5)(A), the Secretary of the Air Force 

may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $4,314,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304(5)(A), the Secretary of the Air Force may 

improve existing military family housing units in an amount not 

to exceed $61,737,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2009, for military construction, land 

acquisition, and military family housing functions of the Department of the Air Force in the total amount of $1,984,963,000, as 

follows: 

(1) For military construction projects inside the United States authorized by section 2301(a), $1,003,962,000. 

(2) For military construction projects outside the United States authorized by section 2301(b), $288,402,000. 

(3) For unspecified minor military construction projects 

authorized by section 2805 of title 10, United States Code, 

$20,000,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$103,562,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $66,101,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $502,936,000. 

SEC. 2305. TERMINATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2009 AIR FORCE PROJECT. 

(a) TERMINATION.—The table in section 2301(c) of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4682) is amended in the item 

relating to Unspecified Worldwide Locations by striking 

‘‘$38,391,000’’ in the amount column and inserting ‘‘$891,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2304 of that Act (122 

Stat. 4683) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘$2,108,090,000’’ and inserting ‘‘$2,070,590,000’’; and (2) in paragraph (3), by striking ‘‘$38,391,000’’ and inserting ‘‘$891,000’’. 

SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2007 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2007 (division B 

of Public Law 109–364; 120 Stat. 2463), authorizations set forth 

in the table in subsection (b), as provided in sections 2301 and 

Termination 

date. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2639 

2302 of that Act, shall remain in effect until October 1, 2010, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2011, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air Force: Extension of 2007 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Delaware ........ Dover Air Force 

Base ................... C–17 Aircrew Life Support ................................ $7,400,000 

Idaho .............. Mountain Home 

Air Force Base .. Replace Family Housing 

(457 units) .................... $107,800,000 

SEC. 2307. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2006 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B 

of Public Law 109–163; 119 Stat. 3501), authorizations set forth 

in the table in subsection (b), as provided in section 2302 of that 

Act (119 Stat. 3495) and extended by section 2305 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4684), shall remain in effect 

until October 1, 2010, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2011, 

whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Air Force: Extension of 2006 Project Authorizations 

State Installation or Location Project Amount 

Alaska ............. Eielson Air Force Base Replace Family 

Housing (92 units) $37,650,000 

Eielson Air Force Base Purchase Build/ 

Lease Housing 

(300 units) ............ $18,144,000 

North Dakota Grand Forks Air Force 

Base ........................... Replace Family 

Housing (150 

units) .................... $43,353,000 

SEC. 2308. CONVEYANCE TO INDIAN TRIBES OF CERTAIN HOUSING 

UNITS. 

(a) DEFINITIONS.—In this section: 

(1) EXECUTIVE DIRECTOR.—The term ‘‘Executive Director’’ 

means the Executive Director of Walking Shield, Inc. 

(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any 

Indian tribe included on the list published by the Secretary 

of the Interior under section 104 of the Federally Recognized 

Indian Tribe List Act of 1994 (25 U.S.C.479a–1). 

(b) REQUESTS FOR CONVEYANCE.— (1) IN GENERAL.—The Executive Director may submit to 

the Secretary of the Air Force, on behalf of any Indian tribe 

Termination 

date. 


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123 STAT. 2640 PUBLIC LAW 111–84—OCT. 28, 2009 

located in the State of Idaho, Nevada, North Dakota, Oregon, 

South Dakota, Montana, or Minnesota, a request for conveyance 

of any relocatable military housing unit located at Grand Forks 

Air Force Base, Minot Air Force Base, Malmstrom Air Force 

Base, Ellsworth Air Force Base, or Mountain Home Air Force 

Base. 

(2) CONFLICTS.—The Executive Director shall resolve any 

conflict among requests of Indian tribes for housing units 

described in paragraph (1) before submitting a request to the 

Secretary of the Air Force under this subsection. 

(c) CONVEYANCE BY SECRETARY.—Notwithstanding any other 

provision of law, on receipt of a request under subsection (b)(1), 

the Secretary of the Air Force may convey to the Indian tribe 

that is the subject of the request, at no cost to the Air Force 

and without consideration, any relocatable military housing unit 

described in subsection (b)(1) that, as determined by the Secretary, 

is in excess of the needs of the military. 

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. 

Sec. 2402. Family Housing. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

Sec. 2405. Termination or modification of authority to carry out certain fiscal year 

2009 projects. 

Sec. 2406. Modification of authority to carry out certain fiscal year 2008 project. 

Sec. 2407. Extension of authorizations of certain fiscal year 2007 project. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, 

defense-wide. 

Subtitle A—Defense Agency Authorizations 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2404(a)(1), the Secretary of Defense may acquire real property 

and carry out military construction projects for the installations 

or locations inside the United States, and in the amounts, set 

forth in the following tables: 

Defense Education Activity 

State Installation or Location Amount 

Georgia ....................... Fort Benning ............................................. $2,330,000 

Fort Stewart/Hunter Army Air Field ...... $22,501,000 

North Carolina ........... Fort Bragg ................................................. $3,439,000 


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Defense Information Systems Agency 

State Installation or Location Amount 

Hawaii ........................ Naval Station Pearl Harbor, Ford Island $9,633,000 

Defense Logistics Agency 

State Installation or Location Amount 

California .................... El Centro ................................................... $11,000,000 

Travis Air Force Base .............................. $15,357,000 

Florida ........................ Jacksonville International Airport (Air 

National Guard).

$11,500,000 

Minnesota ................... Duluth International Airport (Air National Guard).$15,000,000 

Oklahoma ................... Altus Air Force Base ................................ $2,700,000 

Texas ........................... Fort Hood .................................................. $3,000,000 

Washington ................ Fairchild Air Force Base .......................... $7,500,000 

Missile Defense Agency 

State Installation or Location Amount 

Alabama ..................... Redstone Arsenal ...................................... $12,000,000 

Virginia ....................... Naval Support Facility, Dahlgren ........... $24,500,000 

National Security Agency 

State Installation or Location Amount 

Maryland ............... Fort Meade ..................................... $203,800,000 

Special Operations Command 

State Installation or Location Amount 

California ............... Naval Amphibious Base, Coronado.$15,722,000 

Colorado ................. Fort Carson .................................... $48,246,000 

Florida ................... Eglin Air Force Base ..................... $3,046,000 

Hurlburt Field ................................ $8,156,000 

Georgia .................. Fort Benning .................................. $3,046,000 

Kentucky ............... Fort Campbell ................................ $39,135,000 

New Mexico ........... Cannon Air Force Base ................. $58,864,000 

North Carolina ...... Fort Bragg ...................................... $101,488,000 

Marine Corps Base, Camp 

Lejeune.

$11,791,000 

Virginia .................. Naval Amphibious Base, Little 

Creek.

$18,669,000 

Washington ........... Fort Lewis ...................................... $14,500,000 


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123 STAT. 2642 PUBLIC LAW 111–84—OCT. 28, 2009 

TRICARE Management Activity 

State Installation or Location Amount 

Alaska .................... Elmendorf Air Force Base ............. $25,017,000 

Fort Richardson ............................. $3,518,000 

Colorado ................. Fort Carson .................................... $31,900,000 

Georgia .................. Fort Benning .................................. $17,200,000 

Fort Stewart/Hunter Army Field $22,200,000 

Kentucky ............... Fort Campbell ................................ $8,600,000 

Maryland ............... Fort Detrick .................................... $29,807,000 

Missouri ................. Fort Leonard Wood ........................ $5,570,000 

North Carolina ...... Fort Bragg ...................................... $57,658,000 

Oklahoma .............. Fort Sill .......................................... $10,554,000 

Texas ...................... Lackland Air Force Base ............... $101,928,000 

Fort Bliss ........................................ $990,600,000 

Washington ........... Fort Lewis ...................................... $15,636,000 

Washington Headquarters Services 

State Installation or Location Amount 

Virginia .................. Pentagon Reservation .................... $27,672,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2404(a)(2), the Secretary of Defense may acquire real property 

and carry out military construction projects for the installations 

or locations outside the United States, and in the amounts, set 

forth in the following tables: 

Defense Education Activity 

Country Installation or Location Amount 

Belgium ...................... Brussels ..................................................... $38,124,000 

Germany ..................... Boeblingen ................................................. $50,000,000 

Kaiserslautern .......................................... $93,545,000 

Wiesbaden Air Base ................................. $5,379,000 

United Kingdom ......... Royal Air Force Lakenheath .................... $4,509,000 

Defense Intelligence Agency 

Country Installation or Location Amount 

Korea .......................... K–16 Airfield ............................................. $5,050,000 

Defense Logistics Agency 

Country Installation or Location Amount 

Cuba ....................... Naval Air Station, Guantanamo 

Bay.

$12,500,000 

Greece .................... Souda Bay ...................................... $24,000,000 

Guam ..................... Naval Air Station, Agana .............. $4,900,000 


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Defense Logistics Agency—Continued 

Country Installation or Location Amount 

Korea ..................... Osan Air Base ................................ $28,000,000 

United Kingdom .... Royal Air Force Mildenhall ........... $4,700,000 

National Security Agency 

Country Installation or Location Amount 

United Kingdom .... Royal Air Force Menwith Hill Station.$37,588,000 

North Atlantic Treaty Organization 

State Installation or Location Amount 

Belgium ................. NATO Headquarters ..................... $41,400,000 

TRICARE Management Activity 

Country Installation or Location Amount 

Guam ..................... Naval Activities, Guam ................. $446,450,000 

United Kingdom .... Royal Air Force Alconbury ............ $14,227,000 

SEC. 2402. FAMILY HOUSING. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2404(a)(7), the Secretary of Defense may 

construct or acquire family housing units (including land acquisition 

and supporting facilities) at the installation, in the number of 

units, and in the amount set forth in the following table: 

Defense Logistics Agency: Family Housing 

State Location Units Amount 

Pennsylvania Cumberland Depot ......... 6 ................ $2,859,000 

SEC. 2403. ENERGY CONSERVATION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2404(a)(6), the Secretary of Defense may 

carry out energy conservation projects under chapter 173 of title 

10, United States Code, in the amount of $123,013,000. 

SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for 

military construction, land acquisition, and military family housing 

functions of the Department of Defense (other than the military 

departments) in the total amount of $3,177,496,000, as follows: 


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123 STAT. 2644 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) For military construction projects inside the United 

States authorized by section 2401(a), $1,048,783,000. 

(2) For military construction projects outside the United 

States authorized by section 2401(b), $188,762,000. 

(3) For unspecified minor military construction projects 

under section 2805 of title 10, United States Code, $33,025,000. 

(4) For contingency construction projects of the Secretary 

of Defense under section 2804 of title 10, United States Code, 

$10,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$121,442,000. 

(6) For energy conservation projects under chapter 173 

of title 10, United States Code, $123,013,000. 

(7) For military family housing functions: 

(A) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $49,214,000. 

(B) For construction and acquisition of military family 

housing and facilities, $2,859,000. 

(C) For credits to the Department of Defense Family 

Housing Improvement Fund under section 2883 of title 

10, United States Code, and the Homeowners Assistance 

Fund established under section 1013 of the Demonstration 

Cities and Metropolitan Development Act of 1966 (42 

U.S.C. 3374), $302,600,000. 

(8) For the construction of increment 4 of the Army Medical 

Research Institute of Infectious Diseases Stage 1 at Fort 

Detrick, Maryland, authorized by section 2401(a) of the Military 

Construction Authorization Act of Fiscal Year 2007 (division 

B of Public Law 109–364; 120 Stat. 2457), $108,000,000. 

(9) For the construction of increment 2 of replacement 

fuel storage facilities at Point Loma Annex, California, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2008 (division B of Public Law 110– 

181; 122 Stat. 521), as amended by section 2406 of this Act, 

$92,300,000. 

(10) For the construction of increment 3 of a special operations facility at Dam Neck, Virginia, authorized by section 

2401(a) of the Military Construction Authorization Act of Fiscal 

Year 2008 (division B of Public Law 110–181; 122 Stat. 521), 

$15,967,000. 

(11) For the construction of increment 2 of the United 

States Army Medical Research Institute of Chemical Defense 

replacement facility at Aberdeen Proving Ground, Maryland, 

authorized by section 2401(a) of the Military Construction 

Authorization Act of Fiscal Year 2009 (division B of Public 

Law 110–417 122 Stat. 4689), $111,400,000. 

(12) For the construction of fuel storage tanks and pipeline 

replacement at Souda Bay, Greece, authorized by section 

2401(b) of the Military Construction Authorization Act of Fiscal 

Year 2009 (division B of Public Law 110–417; 122 Stat. 4691), 

as amended by section 2405 of this Act, $24,000,000. 

(13) For the construction of increment 2 of a National 

Security Agency data center at Camp Williams, Utah, authorized as a Military Construction, Defense-Wide project by the 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2645 

Supplemental Appropriations Act, 2009 (Public Law 111–32; 

123 Stat. 1888), $600,000,000. 

(14) For the construction of the first increment of a hospital at Fort Bliss, Texas, authorized by section 2401(a), $86,975,000. 

(15) For the construction of the first increment of a hospital 

at Naval Activities, Guam, authorized by section 2401(b), 

$259,156,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the sum of the following: 

(1) The total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a). (2) $187,294,000 (the balance of the amount authorized 

by section 2401(b) for the hospital replacement, Guam). (3) $820,000,000 (the balance of the amount authorized 

in the Supplemental Appropriations Act, 2009 (Public Law 111– 

32) for the Utah Data Center, Camp Williams, Utah). (4) $879,025,000 (the balance of the amount authorized 

by section 2401(a) for the hospital replacement phase I, Fort 

Bliss, Texas). 

(5) $290,000,000 (the balance of the amount authorized 

by section 2401(a) of the Military Construction Authorization 

Act for Fiscal Year 2009 (division B of Public Law 110–417; 

122 Stat. 4689) for the USAMRIID replacement facility at 

Aberdeen Proving Ground, Maryland). 

(6) $47,000,000 (the balance of the amount authorized by 

section 2401(a) of the Military Construction Authorization Act 

for Fiscal Year 2008 (division B of Public Law 110–181; 122 

Stat. 521), as modified by section 2406(a) of this Act, for the 

replacement of fuel storage facilities at Point Loma Annex, 

California). 

(c) AVAILABILITY OF FUNDS FOR ENERGY CONSERVATION

PROJECTS OF RESERVE COMPONENTS.—Of the amount authorized 

to be appropriated by subsection (a)(6) for energy conservation 

projects under chapter 173 of title 10, United States Code, the 

Secretary of Defense shall reserve a portion of the amount for 

energy conservation projects for the reserve components in an 

amount that is not less than an amount that bears the same 

proportion to the total amount authorized to be appropriated as 

the total quantity of energy consumed by reserve facilities (as 

defined in section 18232(2) of such title) during fiscal year 2009 

bears to the total quantity of energy consumed by all military 

installations (as defined in section 2687(e)(1) of such title) during 

that fiscal year, as determined by the Secretary. 

SEC. 2405. TERMINATION OR MODIFICATION OF AUTHORITY TO CARRY 

OUT CERTAIN FISCAL YEAR 2009 PROJECTS. 

(a) TERMINATION.—Section 2401(b) of the Military Construction 

Authorization Act for Fiscal Year 2009 (division B of Public Law 

110–417; 122 Stat. 4690) is amended by striking the table relating 

to the Missile Defense Command. 

(b) MODIFICATION.—The table relating to the Defense Logistics 

Agency in such section is amended in the item relating to Souda 

Bay, Greece, by striking ‘‘$8,000,000’’ in the amount column and 

inserting ‘‘$32,000,000’’. 

122 Stat. 4691. 


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123 STAT. 2646 PUBLIC LAW 111–84—OCT. 28, 2009 

(c) CONFORMING AMENDMENTS.—Section 2403 of that Act (122 

Stat. 4692) is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘$1,639,050,000’’ and inserting ‘‘$1,487,890,000’’; 

(B) in paragraph (2), by striking ‘‘$246,360,000’’ and 

inserting ‘‘$87,200,000’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(11) For construction of the first increment of fuel storage 

tanks and pipeline replacement at Souda Bay, Greece, 

$8,000,000.’’; and 

(2) in subsection (b), by striking paragraphs (3) and (4) 

and inserting the following new paragraph: 

‘‘(3) $24,000,000 (the balance of the amount authorized 

for the Defense Logistics Agency under section 2401(b) for 

fuel storage tanks and pipeline replacement at Souda Bay, 

Greece).’’. 

SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2008 PROJECT. 

(a) MODIFICATION.—The table relating to the Defense Logistics 

Agency in section 2401 (a) of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181; 

122 Stat. 521) is amended in the item relating to Point Loma 

Annex, California, by striking ‘‘$140,000,000’’ in the amount column 

and inserting ‘‘$195,000,000’’. 

(b) CONFORMING AMENDMENT.—Section 2403(b)(2) of that Act 

(122 Stat. 524) is amended by striking ‘‘$84,300,000’’ and inserting 

‘‘$139,300,000’’. 

SEC. 2407. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2007 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2007 (division B 

of Public Law 109–364; 120 Stat. 2463), authorizations set forth 

in the table in subsection (b), as provided in section 2402 of that 

Act, shall remain in effect until October 1, 2010, or the date of 

the enactment of an Act authorizing funds for military construction 

for fiscal year 2011, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Defense Logistics Agency: Family Housing 

State Location Units Amount 

Virginia .......... Defense Supply Center, 

Richmond.

Whole 

House 

Renovation.

$484,000 

Termination 

date. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2647 

Subtitle B—Chemical Demilitarization 

Authorizations 

SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2009, for military construction and 

land acquisition for chemical demilitarization in the total amount 

of $151,541,000 as follows: 

(1) For the construction of phase 11 of a chemical munitions 

demilitarization facility at Pueblo Chemical Activity, Colorado, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 1997 (division B of Public 

Law 104–201; 110 Stat. 2775), as amended by section 2406 

of the Military Construction Authorization Act for Fiscal Year 

2000 (division B of Public Law 106–65; 113 Stat. 839), section 

2407 of the Military Construction Authorization Act for Fiscal 

Year 2003 (division B of Public Law 107–314; 116 Stat. 2698), 

and section 2413 of the Military Construction Authorization 

Act for Fiscal Year 2009 (division B of Public Law 110–417; 

122 Stat. 4697), $92,500,000. 

(2) For the construction of phase 10 of a munitions demilitarization facility at Blue Grass Army Depot, Kentucky, authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106– 

65; 113 Stat. 835), as amended by section 2405 of the Military 

Construction Authorization Act for Fiscal Year 2002 (division 

B of Public Law 107–107; 115 Stat. 1298), section 2405 of 

the Military Construction Authorization Act for Fiscal Year 

2003 (division B of Public Law 107–314; 116 Stat. 2698), and 

section 2414 of the Military Construction Authorization Act 

for Fiscal Year 2009 (division B of Public Law 110–417; 122 

Stat. 4697), $59,041,000. 

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2009, for contributions by the Secretary of Defense under section 2806 of title 10, United States 


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123 STAT. 2648 PUBLIC LAW 111–84—OCT. 28, 2009 

Code, for the share of the United States of the cost of projects 

for the North Atlantic Treaty Organization Security Investment 

Program authorized by section 2501, in the amount of $197,414,000. 

TITLE XXVI—GUARD AND RESERVE 

FORCES FACILITIES 

Sec. 2601. Authorized Army National Guard construction and land acquisition 

projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. 

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and 

land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition 

projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. 

Sec. 2606. Authorization of appropriations, National Guard and Reserve. 

Sec. 2607. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2608. Extension of authorizations of certain fiscal year 2006 project. 

SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2606(a)(1), the Secretary of the Army may acquire real property 

and carry out military construction projects for the Army National 

Guard locations inside the United States, and in the amounts, 

set forth in the following table: 

Army National Guard: Inside the United States 

State Location Amount 

Alabama ................................... Fort McClellan .................................................. $3,000,000 

Arizona ..................................... Camp Navajo ..................................................... $3,000,000 

California .................................. Los Alamitos Joint Forces Training Base ....... $31,000,000 

Georgia ..................................... Fort Benning ..................................................... $15,500,000 

Hunter Army Air Field ..................................... $8,967,000 

Idaho ......................................... Gowen Field ....................................................... $16,100,000 

Illinois ....................................... Milan .................................................................. $5,600,000 

Indiana ..................................... Muscatatuck Urban Training Center .............. $10,100,000 

Iowa .......................................... Camp Dodge ...................................................... $4,000,000 

Kansas ...................................... Salina Army National Guard Aviation Facility.$2,227,000 

Massachusetts .......................... Hanscom Air Force Base .................................. $29,000,000 

Michigan ................................... Fort Custer ........................................................ $7,732,000 

Minnesota ................................. Arden Hills Army Training Site ...................... $6,700,000 

Camp Ripley ...................................................... $1,710,000 

Mississippi ................................ Camp Shelby ..................................................... $16,100,000 

Monticello .......................................................... $14,350,000 

Missouri .................................... Boonville ............................................................ $1,800,000 

Nebraska .................................. Lincoln Municipal Airport ................................ $23,000,000 

Nevada ...................................... Carson City ........................................................ $2,000,000 

North Las Vegas ............................................... $26,000,000 

New Mexico .............................. Santa Fe ............................................................ $39,000,000 

North Carolina ......................... East Flat Rock ................................................... $2,516,000 

Fort Bragg ......................................................... $6,038,000 

Oregon ...................................... Clatsop County .................................................. $3,369,000 

Polk County ....................................................... $12,100,000 

South Carolina ......................... Eastover ............................................................. $26,000,000 

Greenville .......................................................... $40,000,000 

South Dakota ........................... Camp Rapid ....................................................... $9,840,000 

Texas ......................................... Austin ................................................................ $22,200,000

Vermont .................................... Ethan Allen Firing Range ................................ $1,996,000 

Virginia ..................................... Fort Pickett ....................................................... $32,000,000 

West Virginia ........................... St. Albans Armory ............................................ $2,000,000 


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(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2606(a)(1), the Secretary of the Army may acquire real property 

and carry out military construction projects for the Army National 

Guard locations outside the United States, and in the amounts, 

set forth in the following table: 

Army National Guard: Outside the United States 

Country Location Amount 

Guam ........................................ Barrigada ........................................................... $30,000,000 

Virgin Islands .......................... St. Croix ............................................................. $20,000,000 

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 

pursuant to the authorization of appropriations in section 

2606(a)(1), the Secretary of the Army may acquire real property 

and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table: 

Army National Guard 

Location Location or Installation Amount 

Worldwide Unspecified ............ Unspecified Worldwide Locations .................... $30,000,000 

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2606(a)(2), the Secretary of the Army may acquire real property 

and carry out military construction projects for the Army Reserve 

locations inside the United States, and in the amounts, set forth 

in the following table: 

Army Reserve: Inside the United States 

State Location Amount 

California ..................... Camp Pendleton ...................................... $19,500,000 

Los Angeles .............................................. $29,000,000 

Colorado Colorado Springs ..................................... $13,000,000 

Connecticut ................. Bridgeport ................................................ $18,500,000 

Florida ......................... Panama City ............................................ $7,300,000 

West Palm Beach ..................................... $26,000,000 

Georgia ........................ Atlanta ...................................................... $14,000,000 

Illinois .......................... Chicago ..................................................... $23,000,000 

Minnesota .................... Fort Snelling ............................................ $12,000,000 

New York ..................... Rochester .................................................. $13,600,000 

Ohio ............................. Cincinnati ................................................. $13,000,000 

Pennsylvania ............... Ashley ....................................................... $9,800,000 

Harrisburg ................................................ $7,600,000 

Newton Square ........................................ $20,000,000 

Uniontown ................................................ $11,800,000 

Texas ............................ Austin ....................................................... $20,000,000 

Bryan ........................................................ $12,200,000 

Fort Bliss .................................................. $9,500,000 

Houston .................................................... $24,000,000 

Robstown .................................................. $10,200,000 

San Antonio .............................................. $20,000,000 


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123 STAT. 2650 PUBLIC LAW 111–84—OCT. 28, 2009 

Army Reserve: Inside the United States—Continued 

State Location Amount 

Wisconsin .................... Fort McCoy ............................................... $28,550,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2606(a)(2), the Secretary of the Army may acquire real property 

and carry out military construction projects for the Army Reserve 

location outside the United States, and in the amount, set forth 

in the following table: 

Army Reserve: Outside the United States 

Country Location Amount 

Puerto Rico ............................... Caguas ............................................................. $12,400,000 

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 

pursuant to the authorization of appropriations in section 

2606(a)(2), the Secretary of the Army may acquire real property 

and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table: 

Army Reserve 

Location Location or Installation Amount 

Worldwide Unspecified ............ Unspecified Worldwide Locations .................... $30,000,000 

SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE 

CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2606(a)(3), the Secretary of the Navy may acquire real property 

and carry out military construction projects for the Navy Reserve 

and Marine Corps Reserve locations, and in the amounts, set forth 

in the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Arizona ..................................... Luke Air Force Base ......................................... $10,986,000 

California .................................. Alameda ............................................................. $5,960,000 

Illinois ....................................... Joliet Army Ammunition Plant ....................... $7,957,000 

South Carolina ......................... Goose Creek ....................................................... $4,240,000 

Texas ......................................... San Antonio ....................................................... $2,210,000 

Fort Worth Naval Air Station Joint Reserve 

Base.

$6,170,000 

Virginia ..................................... Oceana Naval Air Station ................................ $30,400,000 

(b) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated pursuant to the authorization of appropriations in section 

2606(a)(3), the Secretary of the Navy may acquire real property 

and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table: 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2651 

Navy Reserve and Marine Corps Reserve 

Location Location or Installation Amount 

Worldwide Unspecified ............ Unspecified Worldwide Locations .................... $55,000,000 

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2606(a)(4), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the Air National 

Guard locations, and in the amounts, set forth in the following 

table: 

Air National Guard 

State Location Amount 

Arizona ..................................... Davis-Monthan Air Force Base ........................ $5,600,000 

California .................................. Fresno Yosemite International Airport ........... $9,800,000 

South California Logistics Airport .................. $8,400,000 

Colorado .................................... Buckley Air National Guard Base ................... $4,500,000 

Connecticut .............................. Bradley International Airport .......................... $9,000,000 

Hawaii ...................................... Hickam Air Force Base .................................... $33,000,000 

Illinois ....................................... Lincoln Capital Airport .................................... $3,000,000 

Iowa .......................................... Des Moines ........................................................ $4,600,000 

Kansas ...................................... McConnell Air Force Base ................................ $8,700,000 

Maine ........................................ Bangor International Airport ........................... $28,000,000 

Maryland .................................. Andrews Air Force Base ................................... $14,000,000 

Massachusetts .......................... Barnes Air National Guard Base .................... $8,100,000 

Otis Air National Guard Base ......................... $12,800,000 

Michigan ................................... Alpena Combat Readiness Training Center ... $8,900,000 

Battle Creek Air National Guard Base ........... $14,000,000 

Selfridge Air National Guard Base ................. $7,100,000 

Minnesota ................................. Minnesota/St. Paul International Airport 

133rd Airlift Wing Base.

$1,900,000 

Mississippi ................................ Gulfport-Biloxi Regional Airport ..................... $6,500,000 

Missouri .................................... Rosecrans Memorial Airport ............................ $9,300,000 

Nebraska .................................. Lincoln Municipal Airport ................................ $1,500,000 

Nevada ...................................... Reno ................................................................... $10,800,000 

New Hampshire ....................... Pease Air National Guard Base ....................... $10,000,000 

New Jersey ............................... McGuire Air Force Base ................................... $9,700,000 

New York .................................. Wheeler Sack Army Airfield ............................ $2,700,000 

Ohio .......................................... Mansfield Lahm Airport ................................... $11,400,000 

Oklahoma ................................. Will Rogers World Airport ............................... $7,300,000 

South Carolina ......................... McEntire Joint Air National Guard Base ....... $1,300,000 

South Dakota ........................... Joe Foss Field .................................................... $2,600,000 

Tennessee ................................. Memphis, 164th Airlift Wing ........................... $9,800,000 

Texas ......................................... Kelly Field Annex ............................................. $7,900,000 

Vermont .................................... Burlington International Airport ..................... $6,000,000 

West Virginia ........................... Martinsburg ....................................................... $19,500,000 

Wisconsin ................................. General Mitchell International Airport .......... $5,000,000 

Wyoming ................................... Cheyenne Airport .............................................. $1,500,000 

(b) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated pursuant to the authorization of appropriations in section 

2606(a)(4), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table: 


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123 STAT. 2652 PUBLIC LAW 111–84—OCT. 28, 2009 

Air National Guard 

Location Location or Installation Amount 

Worldwide Unspecified ............ Unspecified Worldwide Locations .................... $30,000,000 

SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2606(a)(5), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the Air Force 

Reserve locations, and in the amounts, set forth in the following 

table: 

Air Force Reserve 

State Location Amount 

California .................................. March Air Reserve Base ................................... $9,800,000 

Colorado .................................... Schriever Air Force Base .................................. $10,200,000 

Mississippi ................................ Keesler Air Force Base ..................................... $9,800,000 

New York .................................. Niagara Falls Air Reserve Station .................. $5,700,000 

Pennsylvania ............................ Pittsburgh Air Force Base ................................ $12,400,000 

Texas ......................................... Lackland Air Force Base .................................. $1,500,000 

Utah .......................................... Hill Air Force Base ........................................... $3,200,000 

(b) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated pursuant to the authorization of appropriations in section 

2606(a)(5), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for unspecified installations or locations in the amounts set forth in the following table: 

Air Force Reserve 

Location Location or Installation Amount 

Worldwide Unspecified ............ Unspecified Worldwide Locations .................... $55,000,000 

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD 

AND RESERVE. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2009, for 

the costs of acquisition, architectural and engineering services, and 

construction of facilities for the Guard and Reserve Forces, and 

for contributions therefor, under chapter 1803 of title 10, United 

States Code (including the cost of acquisition of land for those 

facilities), in the following amounts: 

(1) For the Department of the Army, for the Army National Guard of the United States, $582,056,000. 

(2) For the Department of the Army, for the Army Reserve, $431,566,000. 

(3) For the Department of the Navy, for the Navy and 

Marine Corps Reserve, $125,874,000. 

(4) For the Department of the Air Force, for the Air 

National Guard of the United States, $364,226,000. 

(5) For the Department of the Air Force, for the Air Force 

Reserve, $112,269,000. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2653 

(b) LIMITATION ON IMPLEMENTATION OF PROJECTS AT CERTAIN

UNSPECIFIED WORLDWIDE LOCATIONS.—The Secretary of the military department concerned may not enter into an award of a project 

at an unspecified worldwide location authorized under section 

2601(c), 2602(c), 2603(b), 2604(b), or 2605(b) until the Secretary 

submits to the congressional defense committees a report that 

includes the following: 

(1) Within the amounts authorized to be appropriated 

under the applicable paragraph of subsection (a), a list of the 

proposed projects. 

(2) A Military Construction Data Sheet for each project. 

(3) A certification that the projects can be awarded in 

the year for which the appropriation of funds is made. 

(4) A certification that the projects are listed in the current 

Future Years Defense Program for the reserve component 

involved. 

SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2007 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2007 (division B 

of Public Law 109–364; 120 Stat. 2463), the authorizations set 

forth in the table in subsection (b), as provided in section 2601 

of that Act, shall remain in effect until October 1, 2010, or the 

date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2011, whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Army National Guard: Extension of 2007 Project 

Authorizations 

State Installation or 

Location Project Amount 

California ............ Fresno ................ AVCRAD Add/ 

Alt, PH I.

$30,000,000 

New Jersey ......... Lakehurst .......... Consolidated Logistics Training Facility, 

PH II.

$20,024,000 

SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 

2006 PROJECT. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 2006 (division B 

of Public Law 109–163; 119 Stat. 3501), the authorization set forth 

in the table in subsection (b), as provided in section 2601 of that 

Act (119 Stat. 3501) and extended by section 2608 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417; 122 Stat. 4710), shall remain in effect 

until October 1, 2010, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2011, 

whichever is later. 

(b) TABLE.—The table referred to in subsection (a) is as follows: 

Termination 

date. 

Termination 

date. 

Reports. 


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123 STAT. 2654 PUBLIC LAW 111–84—OCT. 28, 2009 

Army National Guard: Extension of 2006 Project 

Authorization 

State Installation or 

Location Project Amount 

Montana ............. Townsend .......... Automated 

Qualification 

Training 

Range.

$2,532,000 

TITLE XXVII—BASE CLOSURE AND 

REALIGNMENT ACTIVITIES 

Subtitle A—Authorizations 

Sec. 2701. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 1990. 

Sec. 2702. Authorized base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Sec. 2703. Authorization of appropriations for base closure and realignment activities funded through Department of Defense Base Closure Account 2005. 

Subtitle B—Other Matters 

Sec. 2711. Relocation of certain Army Reserve units in Connecticut. 

Sec. 2712. Authority to construct Armed Forces Reserve Center in vicinity of Pease 

Air National Guard Base, New Hampshire. 

Sec. 2713. Sense of Congress on ensuring joint basing recommendations do not adversely affect operational readiness. 

Sec. 2714. Requirements related to providing world class military medical facilities 

in the National Capital Region. 

Sec. 2715. Use of economic development conveyances to implement base closure 

and realignment property recommendations. 

Subtitle A—Authorizations 

SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 

AND REALIGNMENT ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

1990. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2009, for base closure and realignment activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 1990 established by section 2906 

of such Act, in the total amount of $496,768,000, as follows: 

(1) For the Department of the Army, $138,723,000. 

(2) For the Department of the Navy, $228,000,000. 

(3) For the Department of the Air Force, $127,364,000. 

(4) For the Defense Agencies, $2,681,000. 

SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGNMENT ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE 

CLOSURE ACCOUNT 2005. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2703, the Secretary of Defense may carry 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2655 

out base closure and realignment activities, including real property 

acquisition and military construction projects, as authorized by 

the Defense Base Closure and Realignment Act of 1990 (part A 

of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and 

funded through the Department of Defense Base Closure Account 

2005 established by section 2906A of such Act, in the amount 

of $5,934,740,000. 

SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE CLOSURE 

AND REALIGNMENT ACTIVITIES FUNDED THROUGH 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

2005. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2009, for base closure and realignment activities, including real property acquisition and military 

construction projects, as authorized by the Defense Base Closure 

and Realignment Act of 1990 (part A of title XXIX of Public Law 

101–510; 10 U.S.C. 2687 note) and funded through the Department 

of Defense Base Closure Account 2005 established by section 2906A 

of such Act, in the total amount of $7,455,498,000, as follows: 

(1) For the Department of the Army, $4,057,037,000. 

(2) For the Department of the Navy, $591,572,000. 

(3) For the Department of the Air Force, $418,260,000. 

(4) For the Defense Agencies, $2,388,629,000. 

Subtitle B—Other Matters 

SEC. 2711. RELOCATION OF CERTAIN ARMY RESERVE UNITS IN CONNECTICUT. 

The Secretary of the Army may use funds appropriated pursuant to the authorization of appropriations in section 2703 for the 

purpose of constructing an Army Reserve Center and Maintenance 

Facility in the vicinity of Newtown, Connecticut, at a location determined by the Secretary to be in the best interest of national security 

and in the public interest. 

SEC. 2712. AUTHORITY TO CONSTRUCT ARMED FORCES RESERVE 

CENTER IN VICINITY OF PEASE AIR NATIONAL GUARD 

BASE, NEW HAMPSHIRE. 

The Secretary of the Army may use funds appropriated pursuant to the authorization of appropriations in section 2703 of the 

Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417; 122 Stat. 4715) for the purpose 

of constructing an Armed Forces Reserve Center at Pease Air 

National Guard Base, New Hampshire, to construct instead an 

Armed Forces Reserve Center in the vicinity of Pease Air National 

Guard Base at a location determined by the Secretary to be in 

the best interest of national security and in the public interest. 

SEC. 2713. SENSE OF CONGRESS ON ENSURING JOINT BASING RECOMMENDATIONS DO NOT ADVERSELY AFFECT OPERATIONAL READINESS. 

It is the sense of Congress that, in implementing the joint 

basing recommendations of the Defense Base Closure and Realignment Commission contained in the report of the Commission transmitted to Congress on September 15, 2005, under section 2903(e) 

of the Defense Base Closure and Realignment Act of 1990 (part 


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123 STAT. 2656 PUBLIC LAW 111–84—OCT. 28, 2009 

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), 

the Secretary of Defense should ensure that the joint basing of 

military installations at any of the recommended locations does 

not adversely impact— 

(1) the ability of commanders, and the units of the Armed 

Forces under their command, to perform their operational missions; 

(2) the command and control of commanders at each military installation that has an operational mission requirement; 

and 

(3) the readiness of the units of the Armed Forces under 

their command. 

SEC. 2714. REQUIREMENTS RELATED TO PROVIDING WORLD CLASS 

MILITARY MEDICAL FACILITIES IN THE NATIONAL CAPITAL REGION. 

(a) MASTER PLAN REQUIRED.—Not later than March 31, 2010, 

the Secretary of Defense shall develop and implement a comprehensive master plan to provide sufficient world class military medical 

facilities and an integrated system of health care delivery for the 

National Capital Region that— 

(1) addresses— 

(A) the unique needs of members of the Armed Forces 

and retired members of the Armed Forces and their families; 

(B) the care, management, and transition of seriously 

ill and injured members of the Armed Forces and their 

families; 

(C) the missions of the branch or branches of the 

Armed Forces served; and 

(D) performance expectations for the future integrated 

health care delivery system, including— 

(i) information management and information technology support; and 

(ii) expansion of support services; 

(2) delineates the process for the development of budgets, 

prioritization of requirements, and the allocation of funds; 

(3) delineates budget and operational authority to provide 

and operate world class military medical facilities in the 

National Capital Region; 

(4) incorporates all ancillary and support facilities at the 

National Naval Medical Center, Bethesda, Maryland, including 

education and research facilities as well as centers of excellence, 

transportation, and parking structures required to provide a 

full range of adequate care and services for members of the 

Armed Forces and their families; 

(5) incorporates a facilities needs assessment, including 

an assessment of standards for patient rooms, and provides 

a program to meet the facility requirements; 

(6) specifies the personnel authorizations and personnel 

systems required to provide and operate a world class military 

medical facility; 

(7) can be used as a basis to develop similar master plans 

for other military medical facilities of the Department of 

Defense; and 

(8) includes a community development plan that incorporates multiple options to alleviate traffic congestion related 

District of 

Columbia. 

Maryland. 

Virginia. 

Deadlines. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2657 

to the expansion of the National Naval Medical Center and 

Fort Belvoir Community Hospital, including a review of 

options— 

(A) to expand adjacent highways; 

(B) improvements to nearby intersections; 

(C) on-facility site queuing; and 

(D) multimodal expansion that could include expanded 

support for buses and subways. 

(b) SUBMISSION OF MASTER PLAN AND RELATED MATERIALS.— 

Not later than March 31, 2010, the Secretary of Defense shall 

submit to the congressional defense committees a report containing— 

(1) the master plan developed under subsection (a); 

(2) the certification of the Secretary that the requirements 

specified in paragraphs (1), (2), and (3) of section 1650(a) of 

the National Defense Authorization Act for Fiscal Year 2008 

(Public Law 110–181; 122 Stat. 475) remain satisfied and 

accurate; 

(3) the certification of the Secretary that the master plan 

ensures that each facility covered by the plan meets or exceeds 

applicable Joint Commission hospital design standards; and 

(4) an assessment of the risks and benefits to patient 

care associated with completing the realignment of Walter Reed 

National Military Medical Center by the statutory deadline 

imposed for implementation of the recommendations contained 

in the report of the Defense Base Closure and Realignment 

Commission transmitted to Congress on September 15, 2005. 

(c) SUBMISSION OF MILESTONE SCHEDULE AND COST ESTIMATES.—Not later than June 30, 2010, the Secretary of Defense 

shall submit to the congressional defense committees a report 

describing— 

(1) the schedule for completion of requirements identified 

in the master plan developed under subsection (a); and 

(2) updated cost estimates to provide world class military 

medical facilities for the National Capital Region. 

(d) SENSE OF CONGRESS REGARDING TRAFFIC MITIGATION IN

VICINITY OF NATIONAL NAVAL MEDICAL CENTER.—Given the anticipated significant increases in local traffic in the vicinity of the 

National Naval Medical Center, and the unusual impact that such 

traffic increases will have on the surrounding community due to 

the planned expansion of the installation, it is the sense of Congress 

that— 

(1) multiple methods are available to the Department of 

Defense to implement the defense access roads program (section 

210 of title 23, United States Code) to help alleviate traffic 

congestion, including expansion of adjacent highways, improvements to nearby intersections, on-base queuing options, and 

multi-modal expansion, including expanded support of buses 

and subways and other measures; and 

(2) all of the efforts to alleviate the significant traffic impact 

need to be pursued to ensure readily available access to health 

care at the installation. 

(e) DEFINITIONS.—In this section: 

(1) NATIONAL CAPITAL REGION.—The term ‘‘National Capital 

Region’’ has the meaning given the term in section 2674(f) 

of title 10, United States Code. 

Reports. 

Reports. 


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123 STAT. 2658 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) WORLD CLASS MILITARY MEDICAL FACILITY.—The term 

‘‘world class military medical facility’’ has the meaning given 

the term by the National Capital Region Base Realignment 

and Closure Health Systems Advisory Subcommittee of the 

Defense Health Board in appendix B of the report entitled 

‘‘Achieving World Class – An Independent Review of the Design 

Plans for the Walter Reed National Military Medical Center 

and the Fort Belvoir Community Hospital’’, published in May, 

2009. 

SEC. 2715. USE OF ECONOMIC DEVELOPMENT CONVEYANCES TO 

IMPLEMENT BASE CLOSURE AND REALIGNMENT PROPERTY RECOMMENDATIONS. 

(a) ECONOMIC REDEVELOPMENT CONVEYANCE AUTHORITY.—Section 2905(b)(4) of the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note) is amended— 

(1) in subparagraph (B), by striking the matter preceding 

clause (i) of such subparagraph and inserting the following: 

‘‘(B) The transfer of property located at a military installation 

under subparagraph (A) may be for consideration at or below the 

estimated fair market value or without consideration. The determination of such consideration may account for the economic conditions of the local affected community and the estimated costs to 

redevelop the property. The Secretary may accept, as consideration, 

a share of the revenues that the redevelopment authority receives 

from third-party buyers or lessees from sales and long-term leases 

of the conveyed property, consideration in kind (including goods 

and services), real property and improvements, or such other consideration as the Secretary considers appropriate. The transfer of 

property located at a military installation under subparagraph (A) 

may be made for consideration below the estimated fair market 

value or without consideration only if the redevelopment authority 

with respect to the installation—’’; and 

(2) in subparagraph (C), by striking ‘‘subparagraph (B)’’ 

and inserting ‘‘subparagraph (B)(i)’’. 

(b) REPORT CONCERNING PROPERTY CONVEYANCES.—Not later 

than 180 days after the date of the enactment of this Act, the 

Secretary of Defense shall submit to Congress a report regarding 

the status of current and anticipated economic development conveyances involving surplus real and personal property at closed or 

realigned military installations, projected job creation as a result 

of the conveyances, community reinvestment, and the progress made 

as a result of the implementation of the amendments made by 

subsection (a). 

TITLE XXVIII—MILITARY 

CONSTRUCTION GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing Changes 

Sec. 2801. Modification of unspecified minor construction authorities. 

Sec. 2802. Congressional notification of facility repair projects carried out using operation and maintenance funds. 

Sec. 2803. Modification of authority for scope of work variations. 

Sec. 2804. Modification of conveyance authority at military installations. 

Sec. 2805. Imposition of requirement that acquisition of reserve component facilities be authorized by law. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2659 

Sec. 2806. Authority to use operation and maintenance funds for construction 

projects inside the United States Central Command area of responsibility. 

Sec. 2807. Expansion of First Sergeants Barracks Initiative. 

Sec. 2808. Reports on privatization initiatives for military unaccompanied housing. 

Sec. 2809. Report on Department of Defense contributions to States for acquisition, 

construction, expansion, rehabilitation, or conversion of reserve component facilities. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2821. Modification of utility systems conveyance authority. 

Sec. 2822. Report on global defense posture realignment and interagency review. 

Sec. 2823. Property and facilities management of the Armed Forces Retirement 

Home. 

Sec. 2824. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California. 

Sec. 2825. Selection of military installations to serve as locations of brigade combat 

teams. 

Sec. 2826. Report on Federal assistance to support communities adversely impacted 

by expansion of military installations. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2831. Role of Department of Defense in management and coordination of Defense activities relating to Guam realignment. 

Sec. 2832. Clarifications regarding use of special purpose entities to assist with 

Guam realignment. 

Sec. 2833. Workforce issues related to military construction and certain other 

transactions on Guam. 

Sec. 2834. Composition of workforce for construction projects funded through the 

Support for United States Relocation to Guam Account. 

Sec. 2835. Interagency Coordination Group of Inspectors General for Guam Realignment. 

Sec. 2836. Compliance with Naval Aviation Safety requirements as condition on acceptance of replacement facility for Marine Corps Air Station, Futenma, 

Okinawa. 

Sec. 2837. Report and sense of Congress on Marine Corps requirements in Asia-Pacific region. 

Subtitle D—Energy Security 

Sec. 2841. Adoption of unified energy monitoring and utility control system specification for military construction and military family housing activities. 

Sec. 2842. Department of Defense goal regarding use of renewable energy sources 

to meet facility energy needs. 

Sec. 2843. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods. 

Sec. 2844. Department of Defense use of electric and hybrid motor vehicles. 

Sec. 2845. Study on development of nuclear power plants on military installations. 

Sec. 2846. Comptroller General report on Department of Defense renewable energy 

initiatives, including solar initiatives, on military installations. 

Subtitle E—Land Conveyances 

Sec. 2851. Land conveyance, Haines Tank Farm, Haines, Alaska. 

Sec. 2852. Release of reversionary interest, Camp Joseph T. Robinson, Arkansas. 

Sec. 2853. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, 

California. 

Sec. 2854. Land conveyance, Ferndale housing at Centerville Beach Naval Facility 

to City of Ferndale, California. 

Sec. 2855. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2856. Land conveyances of certain parcels in the Camp Catlin and Ohana Nui 

areas, Pearl Harbor, Hawaii. 

Sec. 2857. Modification of land conveyance, former Griffiss Air Force Base, New 

York. 

Sec. 2858. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 

Sec. 2859. Land conveyance, Ellsworth Air Force Base, South Dakota. 

Sec. 2860. Land conveyance, Lackland Air Force Base, Texas. 

Sec. 2861. Land Conveyance, Naval Air Station Oceana, Virginia. 

Sec. 2862. Completion of land exchange and consolidation, Fort Lewis, Washington. 

Sec. 2863. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. 

Subtitle F—Other Matters 

Sec. 2871. Revised authority to establish national monument to honor United 

States Armed Forces working dog teams. 


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123 STAT. 2660 PUBLIC LAW 111–84—OCT. 28, 2009 

Sec. 2872. National D–Day Memorial study. 

Sec. 2873. Conditions on establishment of Cooperative Security Location in 

Palanquero, Colombia. 

Sec. 2874. Military activities at United States Marine Corps Mountain Warfare 

Training Center. 

Subtitle A—Military Construction Program 

and Military Family Housing Changes 

SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CONSTRUCTION 

AUTHORITIES. 

(a) REPEAL OF LIMITATIONS ON EXERCISE-RELATED PROJECTS

OVERSEAS.— 

(1) AUTHORITY TO CARRY OUT PROJECTS.—Subsection (a) 

of section 2805 of title 10, United States Code, is amended— 

(A) by striking ‘‘Except as provided in paragraph (2), 

within’’ and inserting ‘‘Within’’; 

(B) by striking paragraph (2); and 

(C) by striking ‘‘An unspecified’’ and inserting the following: 

‘‘(2) An unspecified’’. 

(2) USE OF OPERATION AND MAINTENANCE FUNDS.—Subsection (c) of such section is amended— 

(A) by striking ‘‘Except as provided in paragraphs (2) 

and (3)’’ and inserting ‘‘Except as provided in paragraph 

(2)’’; 

(B) by striking paragraph (2); and 

(C) by redesignating paragraph (3) as paragraph (2). 

(3) CONFORMING AMENDMENT.—Section 2806(c)(1) of such 

title is amended by striking ‘‘section 2805(a)(2)’’ and inserting 

‘‘section 2805(a)’’. 

(b) LABORATORY REVITALIZATION AUTHORIZED.—Section 2805(d) 

of such title is amended— 

(1) in paragraph (1)(B), by inserting ‘‘or from funds authorized to be made available under section 219(a) of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 

2009 (Public Law 110–417; 10 U.S.C. 2358 note)’’ after ‘‘authorized by law’’; 

(2) by striking paragraph (3); and 

(3) by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. 

(c) MECHANISMS TO PROVIDE FUNDS FOR LABORATORY REVITALIZATION.— 

(1) ADDITIONAL PURPOSE.—Subsection (a)(1) of section 219 

of the Duncan Hunter National Defense Authorization Act for 

Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note) 

is amended by adding at the end the following new subparagraph: 

‘‘(D) To fund the revitalization and recapitalization 

of the laboratory pursuant to section 2805(d) of title 10, 

United States Code.’’. 

(2) MODIFICATION OF REPORTING REQUIREMENTS.—Subsection (b) of such section is amended— 

(A) by striking paragraph (2); and 

(B) by striking ‘‘AUTHORITY’’ and all that follows 

through ‘‘Not’’ and inserting ‘‘AUTHORITY.—Not’’. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2661 

SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY REPAIR 

PROJECTS CARRIED OUT USING OPERATION AND 

MAINTENANCE FUNDS. 

Section 2811(d) of title 10, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘and’’ at the end; and 

(2) by striking paragraph (2) and inserting the following 

new paragraphs: 

‘‘(2) if the current estimate of the cost of the repair project 

exceeds 75 percent of the estimated cost of a military construction project to replace the facility, an explanation of the reasons 

why replacement of the facility is not in the best interest 

of the Government; and 

‘‘(3) a description of the elements of military construction, 

including the elements specified in section 2802(b) of this title, 

incorporated into the repair project.’’. 

SEC. 2803. MODIFICATION OF AUTHORITY FOR SCOPE OF WORK VARIATIONS. 

Section 2853 of title 10, United States Code, is amended— 

(1) in subsection (b)— 

(A) by striking ‘‘Except as provided in subsection (c)’’ 

and inserting ‘‘(1) Except as provided in subsection (c)’’; 

(B) by striking ‘‘may be reduced by not more than 

25 percent from the amount approved for that project, 

construction, improvement, or acquisition by Congress.’’ 

and inserting ‘‘may be reduced by not more than 25 percent 

from the amount specified for that project, construction, 

improvement, or acquisition in the justification data provided to Congress as part of the request for authorization 

of the project, construction, improvement, or acquisition.’’; 

and 

(C) by adding at the end the following new paragraph: 

‘‘(2) The scope of work for a military construction project or 

for the construction, improvement, and acquisition of a military 

family housing project may not be increased above the amount 

specified for that project, construction, improvement, or acquisition 

in the justification data provided to Congress as part of the request 

for authorization of the project, construction, improvement, or 

acquisition.’’; and 

(2) in subsection (c), by striking ‘‘limitation on scope reduction in subsection (b)’’ and inserting ‘‘limitation on scope reduction in subsection (b)(1)’’. 

SEC. 2804. MODIFICATION OF CONVEYANCE AUTHORITY AT MILITARY 

INSTALLATIONS. 

(a) LIMITED PURPOSES FOR WHICH REAL PROPERTY MAY BE

CONVEYED.—Section 2869 of title 10, United States Code, is 

amended— 

(1) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘agrees, in exchange for the real 

property—’’ and all that follows through ‘‘to carry out 

a military construction project or land acquisition’’ and 

inserting ‘‘agrees, in exchange for the real property, 

to carry out a land acquisition’’; 

(ii) by striking ‘‘; or’’ and inserting a period; and 

(iii) by striking subparagraph (B); and 


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(B) by striking paragraph (3); 

(2) in subsection (b), by striking ‘‘fair market value of 

the military construction, military family housing, or military 

unaccompanied housing’’ both places it appears and inserting 

‘‘fair market value of the land’’; 

(3) by striking subsection (c) and inserting the following 

new subsection: 

‘‘(c) LIMITATION ON USE OF CONVEYANCE AUTHORITY AT

INSTALLATIONS CLOSED UNDER BASE CLOSURE LAWS.—The 

authority under subsection (a)(2)(A) to convey property located on 

a military installation may only be used to the extent the conveyance is consistent with an approved redevelopment plan for such 

installation.’’; and 

(4) in subsection (d)(2)(A), by striking ‘‘military construction 

project, land acquisition, military family housing, or military 

unaccompanied housing’’ both places it appears and inserting 

‘‘land acquisition’’. 

(b) REQUIREMENT TO DEPOSIT FUNDS IN FOREIGN CURRENCY

FLUCTUATIONS, CONSTRUCTION, DEFENSE ACCOUNT.—Subsection (e) 

of such section is amended by striking ‘‘(1) Except as provided 

in paragraph (2), the Secretary concerned may deposit funds’’ and 

all that follows through ‘‘funds deposited under paragraph (2) shall 

be available’’ in paragraph (3) and inserting ‘‘The Secretary concerned shall deposit funds received under subsection (b) in the 

appropriation ‘Foreign Currency Fluctuations, Construction, 

Defense’. The funds deposited shall be available’’. 

(c) ELIMINATION OF ANNUAL REPORT REQUIREMENT; SUNSET.— 

Subsection (f) of such section is amended to read as follows: 

‘‘(f) SUNSET.—The authority to enter into an agreement under 

this section shall expire on September 30, 2013.’’. 

(d) CLERICAL AMENDMENTS.— 

(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 2869. Conveyance of property at military installations to 

limit encroachment’’. 

(2) TABLE OF SECTIONS.—The item relating to such section 

in the table of sections at the beginning of chapter 169 of 

such title is amended to read as follows: 

‘‘2869. Conveyance of property at military installations to limit encroachment.’’. 

SEC. 2805. IMPOSITION OF REQUIREMENT THAT ACQUISITION OF 

RESERVE COMPONENT FACILITIES BE AUTHORIZED BY 

LAW. 

Section 18233(a)(1) of title 10, United States Code, is amended 

by striking ‘‘as he determines to be necessary’’ and inserting ‘‘as 

are authorized by law’’. 

SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS 

FOR CONSTRUCTION PROJECTS INSIDE THE UNITED 

STATES CENTRAL COMMAND AREA OF RESPONSIBILITY. 

(a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 2808 of the 

Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108–136; 117 Stat. 1723), as most recently 

amended by section 2806 of the Military Construction Authorization 

Act for Fiscal Year 2009 (division B of Public Law 110–417; 112 

Stat. 4724), is amended— 


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(1) in subsection (a), by striking ‘‘During fiscal year 2004’’ 

and all that follows through ‘‘obligate’’ and inserting ‘‘The Secretary of Defense may obligate’’; and 

(2) by adding at the end the following new subsection: 

‘‘(h) EXPIRATION OF AUTHORITY.—The authority to obligate 

funds under this section expires on the later of— 

‘‘(1) September 30, 2010; or 

‘‘(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2011.’’. 

(b) GEOGRAPHIC AREA OF AUTHORITY.—Subsection (a) of such 

section is further amended by striking ‘‘and United States Africa 

Command areas of responsibility’’ and inserting ‘‘area of responsibility’’. 

(c) ANNUAL FUNDING LIMITATION ON USE OF AUTHORITY; EXCEPTION.—Subsection (c) of such section is amended— 

(1) in paragraph (2)— 

(A) in the first sentence, by inserting ‘‘for fiscal year 

2010’’ after ‘‘operation and maintenance’’ ; and 

(B) in the second sentence, by striking ‘‘fiscal year 

2009’’ and inserting ‘‘that fiscal year’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) Notwithstanding paragraph (1), the Secretary of Defense 

may authorize the obligation under this section of not more than 

an additional $10,000,000 of appropriated funds available for operation and maintenance for a fiscal year if the Secretary determines 

that the additional funds are needed for costs associated with 

contract closeouts. Funds obligated under this paragraph are not 

subject to the limitation in the second sentence of paragraph (2).’’. 

(d) CLERICAL AMENDMENT TO CORRECT REFERENCE TO

CONGRESSIONAL COMMITTEE.—Subsection (f) of such section is 

amended by striking ‘‘Subcommittees on Defense and Military 

Construction’’ both places it appears and inserting ‘‘Subcommittee 

on Defense and the Subcommittee on Military Construction, Veterans Affairs, and Related Agencies’’. 

SEC. 2807. EXPANSION OF FIRST SERGEANTS BARRACKS INITIATIVE. 

(a) EXPANSION OF INITIATIVE.—Not later than September 30, 

2011, the Secretary of the Army shall expand the First Sergeants 

Barracks Initiative (FSBI) to include all Army installations in order 

to improve the quality of life and living environments for single 

soldiers. 

(b) PROGRESS REPORTS.—Not later than February 15, 2010, 

and February 15, 2011, the Secretary of the Army shall submit 

to the congressional defense committees a report describing the 

progress made in expanding the First Sergeants Barracks Initiative 

to all Army installations. 

SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR MILITARY 

UNACCOMPANIED HOUSING. 

(a) SECRETARY OF DEFENSE REPORT.—Not later than March 

31, 2010, the Secretary of Defense shall submit to the Committees 

on Armed Services of the Senate and the House of Representatives 

a report containing— 

(1) an evaluation of the process by which the Secretary 

develops, implements, and oversees housing privatization transactions involving military unaccompanied housing; 

Deadline. 

10 USC 3013 

note. 


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(2) recommendations regarding additional opportunities for 

members of the Armed Forces to utilize housing privatization 

transactions involving military unaccompanied housing; 

(3) an evaluation of the impact of a prohibition on civilian 

occupancy of such housing on the ability to secure private 

partners for such housing privatization transactions; and 

(4) the Secretary’s assessment of the feasibility and cost 

of privatizing military unaccompanied housing for all members 

of the Armed Forces. 

(b) COMPTROLLER GENERAL REPORT.— (1) IN GENERAL.—Not later than 90 days after the Secretary 

of Defense submits the report under subsection (a), the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report evaluating such report. The report of 

the Comptroller General shall include the Comptroller General’s assessment of the process used by the Secretary in preparing the report under subsection (a) and the Comptroller 

General’s assessment of the extent to which such report 

addresses the elements required under subsection (a). 

(2) INDEPENDENT RESEARCH.—The Comptroller General 

may conduct such independent research and make such independent findings and recommendations as the Comptroller General determines appropriate for purposes of the report submitted under this subsection. 

(c) HOUSING PRIVATIZATION TRANSACTION DEFINED.—In this 

section, the term ‘‘housing privatization transaction’’ means any 

contract or other transaction for the construction or acquisition 

of military unaccompanied housing entered into under the authority 

of subchapter IV of chapter 169 of title 10, United States Code. 

SEC. 2809. REPORT ON DEPARTMENT OF DEFENSE CONTRIBUTIONS 

TO STATES FOR ACQUISITION, CONSTRUCTION, EXPANSION, REHABILITATION, OR CONVERSION OF RESERVE 

COMPONENT FACILITIES. 

(a) REPORT REQUIRED.—Not later than March 1, 2010, the 

Secretary of Defense shall submit to the congressional defense 

committees a report specifying, for each of fiscal years 2005 through 

2009, the total amount of contributions by project made by the 

Secretary to each State under the authority of paragraphs (2) 

through (6) of section 18233(a) of title 10, United States Code, 

for reserve component facilities. The amounts contributed under 

each of such paragraphs for each State shall be specified separately. 

(b) DEFINITIONS.—In this section, the terms ‘‘State’’ and 

‘‘facility’’ have the meanings given those terms in section 18232 

of such title. 

Subtitle B—Real Property and Facilities 

Administration 

SEC. 2821. MODIFICATION OF UTILITY SYSTEMS CONVEYANCE 

AUTHORITY. 

(a) CLARIFICATION OF REQUIRED DETERMINATION THAT CONVEYANCE REDUCE LONG-TERM COSTS.—Paragraph (2)(A)(ii) of subsection 

(a) of section 2688 of title 10, United States Code, is amended 

by striking ‘‘system; and’’ and inserting the following: ‘‘system by 


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10 percent of the long-term cost for provision of those utility services 

in the agency tender; and’’. 

(b) LIMITATION ON REPEATED USE OF AUTHORITY FOR SAME

UTILITY SYSTEM.—Such subsection is further amended by adding 

at the end the following new paragraph: 

‘‘(3)(A) If, as a result of the economic analysis required by 

paragraph (2)(A), the Secretary concerned determines that a utility 

system, or part of a utility system, is not eligible for conveyance 

under this subsection, the Secretary concerned may not further 

reconsider the utility system, or part of a utility system, for conversion to contractor operation under section 2461 of this title for 

a period of five years beginning on the date of the determination. 

‘‘(B) If the results of a public-private competition for conversion 

of a utility system, or part of a utility system, to operation by 

a contractor favors continued operation by civilian employees of 

the Department of Defense, the Secretary concerned may not 

reconsider the utility system, or part of a utility system, for conversion under section 2461 of this title or for conveyance under this 

subsection for a period of five years beginning on the date of 

the completion of the public-private competition.’’. 

SEC. 2822. REPORT ON GLOBAL DEFENSE POSTURE REALIGNMENT 

AND INTERAGENCY REVIEW. 

(a) ANNUAL REVIEW OF OVERSEAS BASE CLOSURE AND REALIGNMENT ACTIONS AND BASING MASTER PLANS.— 

(1) IN GENERAL.—Chapter 159 of title 10, United States 

Code, is amended by inserting after section 2687 the following 

new section: 

‘‘§ 2687a. Overseas base closures and realignments and 

basing master plans 

‘‘(a) ANNUAL STATUS REPORT.—At the same time that the 

budget is submitted under section 1105(a) of title 31for a fiscal 

year, the Secretary of Defense shall submit to the congressional 

defense committees and the Committee on Foreign relations of 

the Senate and the Committee on Foreign Affairs of the House 

of Representatives a report on— 

‘‘(1) the status of overseas base closure and realignment 

actions undertaken as part of a global defense posture realignment strategy; and 

‘‘(2) the status of development and execution of comprehensive master plans for overseas military main operating bases, 

forward operating sites, and cooperative security locations. 

‘‘(b) REPORT ELEMENTS.—A report under subsection (a) shall 

address the following: 

‘‘(1) How the master plans described in subsection (a)(2) 

would support the security commitments undertaken by the 

United States pursuant to any international security treaty, 

including, the North Atlantic Treaty, The Treaty of Mutual 

Cooperation and Security between the United States and Japan, 

and the Security Treaty Between Australia, New Zealand, and 

the United States of America. 

‘‘(2) The impact of such plans on the current security 

environments in the combatant commands, including United 

States participation in theater security cooperation activities 

and bilateral partnership, exchanges, and training exercises. 

Determination. 

Time periods. 


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‘‘(3) Any comments of the Secretary of Defense resulting 

from an interagency review of these plans that includes the 

Department of State and other Federal departments and agencies that the Secretary of Defense considers necessary for 

national security.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of such chapter is amended by inserting after the 

item relating to section 2687 the following new item: 

‘‘2687a. Overseas base closures and realignments and basing master plans.’’. 

(b) INTERAGENCY OVERSEAS BASING REPORT IN RESPONSE TO

QUADRENNIAL DEFENSE REVIEW.—Section 118 of title 10, United 

States Code, is amended by inserting after subsection (h), as added 

by section 1002, the following new subsection: 

‘‘(i) INTERAGENCY OVERSEAS BASING REPORT.—(1) Not later 

than 90 days after submitting a report on a quadrennial defense 

review under subsection (d), the Secretary of Defense shall submit 

to the congressional defense committees a report detailing how 

the results of the assessment conducted as part of such review 

will impact— 

‘‘(A) the status of overseas base closure and realignment 

actions undertaken as part of a global defense posture realignment strategy; and 

‘‘(B) the status of development and execution of comprehensive master plans for overseas military main operating bases, 

forward operating sites, and cooperative security locations of 

the global defense posture of the United States. 

‘‘(2) A report under paragraph (1) shall include any recommendations for additional closures or realignments of military 

installations outside of the United States and any comments 

resulting from an interagency review of these plans that includes 

the Department of State and other relevant Federal departments 

and agencies.’’. 

SEC. 2823. PROPERTY AND FACILITIES MANAGEMENT OF THE ARMED 

FORCES RETIREMENT HOME. 

(a) ACQUISITION OF REAL PROPERTY.—Subsection (e)(2) of section 1511 of the Armed Forces Retirement Home Act of 1991 (24 

U.S.C. 411) is amended by adding at the end the following new 

sentence: ‘‘If the purchase price to acquire fee title to real property 

for inclusion in the Retirement Home is more than $750,000, the 

Secretary may acquire the real property only if the acquisition 

is specifically authorized by law.’’. 

(b) DISPOSAL OF EXCESS PROPERTY AND LEASE OF NON-EXCESS

PROPERTY.—Such section is further amended— 

(1) in subsection (e), by striking paragraph (3) and inserting 

the following new paragraph: 

‘‘(3) If the Secretary of Defense determines that any property 

of the Retirement Home is excess to the needs of the Retirement 

Home, the Secretary shall dispose of the property in accordance 

with subchapter III of chapter 5 of title 40, United States Code 

(40 U.S.C. 541 et seq.). The proceeds from the disposal of property 

under this paragraph shall be deposited in the Armed Forces Retirement Home Trust Fund.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(i) AUTHORITY TO LEASE NON-EXCESS PROPERTY.—(1) Whenever the Chief Operating Officer of the Armed Forces Retirement 

Determination. 


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Home considers it advantageous to the Retirement Home, the Secretary of Defense (acting on behalf of the Chief Operating Officer) 

may lease to such lessee and upon such terms as the Secretary 

considers will promote the purpose and financial stability of the 

Retirement Home or be in the public interest, real or personal 

property that is— 

‘‘(A) under the control of the Retirement Home; and 

‘‘(B) not excess property (as defined by section 102 of title 

40, United States Code) subject to disposal under subsection 

(e)(3). 

‘‘(2) A lease under this subsection— 

‘‘(A) may not be for more than five years, unless the Chief 

Operating Officer determines that a lease for a longer period 

will promote the purpose and financial stability of the Retirement Home or be in the public interest; 

‘‘(B) may give the lessee the first right to buy the property 

if the lease is revoked to allow the United States to sell the 

property under any other provision of law; 

‘‘(C) shall permit the Chief Operating Officer to revoke 

the lease at any time, unless the Chief Operating Officer determines that the omission of such a provision will promote the 

purpose and financial stability of the Retirement Home or 

be in the public interest; 

‘‘(D) shall provide for the payment (in cash or in kind) 

by the lessee of consideration in an amount that is not less 

than the fair market value of the lease interest, as determined 

by the Chief Operating Officer ; and 

‘‘(E) may provide, notwithstanding section 1302 of title 

40, United States Code, or any other provision of law, for 

the alteration, repair, or improvement, by the lessee, of the 

property leased as the payment of part or all of the consideration for the lease. 

‘‘(3) In addition to any in-kind consideration accepted under 

subparagraph (D) or (E) of paragraph (2), in-kind consideration 

accepted with respect to a lease under this subsection may include 

the following: 

‘‘(A) Maintenance, protection, alteration, repair, improvement, or restoration (including environmental restoration) of 

property or facilities of the Retirement Home. 

‘‘(B) Construction of new facilities for the Retirement Home. 

‘‘(C) Provision of facilities for use by the Retirement Home. 

‘‘(D) Facilities operation support for the Retirement Home. 

‘‘(E) Provision of such other services relating to activities 

that will occur on the leased property as the Chief Operating 

Officer considers appropriate. 

‘‘(4) In-kind consideration under paragraph (3) may be accepted 

at any property or facilities of the Retirement Home that are 

selected for that purpose by the Chief Operating Officer. 

‘‘(5) In the case of a lease for which all or part of the consideration proposed to be accepted under this subsection is in-kind 

consideration with a value in excess of $500,000, the Secretary 

of Defense may not enter into the lease on behalf of the Chief 

Operating Officer until at least 30 days after the date on which 

a report on the facts of the lease is submitted to Congress. This 

paragraph does not apply to a lease covered by paragraph (6). 

‘‘(6)(A) If a proposed lease under this subsection involves only 

personal property, the lease term exceeds one year, or the fair 

Determination. 

Time period. 

Determinations. 


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market value of the lease interest exceeds $100,000, as determined 

by the Chief Operating Officer, the Secretary of Defense shall 

use competitive procedures to select the lessee unless the Chief 

Operating Officer determines that— 

‘‘(i) a public interest will be served as a result of the 

lease; and 

‘‘(ii) the use of competitive procedures for the selection 

of certain lessees is unobtainable or not compatible with the 

public benefit served under clause (i). 

‘‘(B) Not later than 45 days before entering into a lease 

described in subparagraph (A), the Chief Operating Officer shall 

submit to Congress written notice describing the terms of the proposed lease and— 

‘‘(i) the competitive procedures used to select the lessee; 

or 

‘‘(ii) in the case of a lease involving the public benefit 

exception authorized by subparagraph (A)(ii), a description of 

the public benefit to be served by the lease. 

‘‘(7) The proceeds from the lease of property under this subsection shall be deposited in the Armed Forces Retirement Home 

Trust Fund. 

‘‘(8) The interest of a lessee of property leased under this 

subsection may be taxed by State or local governments. A lease 

under this subsection shall provide that, if and to the extent that 

the leased property is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated.’’. 

SEC. 2824. ACCEPTANCE OF CONTRIBUTIONS TO SUPPORT CLEANUP 

EFFORTS AT FORMER ALMADEN AIR FORCE STATION, 

CALIFORNIA. 

(a) ACCEPTANCE OF CONTRIBUTIONS; PURPOSE.—The Secretary 

of the Army may accept contributions from other Federal entities, 

the State of California, and other entities, both public and private, 

for the purposes of helping to cover the costs of— 

(1) demolition of property at former Almaden Air Force 

Station, California; and 

(2) environmental remediation and restoration. 

(b) AVAILABILITY.—Amounts received as contributions under 

subsection (a) may be merged with other amounts available to 

the Secretary to carry out the purposes described in such subsection 

and shall be available without further appropriations and until 

expended. 

SEC. 2825. SELECTION OF MILITARY INSTALLATIONS TO SERVE AS 

LOCATIONS OF BRIGADE COMBAT TEAMS. 

In selecting the military installations at which brigade combat 

teams will be stationed, the Secretary of the Army shall take 

into consideration the availability and proximity of training spaces 

for the units and the capacity of the installations to support the 

units. 

SEC. 2826. REPORT ON FEDERAL ASSISTANCE TO SUPPORT COMMUNITIES ADVERSELY IMPACTED BY EXPANSION OF MILITARY INSTALLATIONS. 

Not later than 180 days after the date of the enactment of 

this Act, the Secretary of Defense shall submit to the congressional 

defense committees a report that includes the following information: 

10 USC 3013 

note. 

Deadline. 

Notice. 


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(1) A description of the current authorities under which 

the Secretary may assist a community that is adversely 

impacted by the expansion of a military installation (in this 

section referred to as ‘‘impacted community’’). 

(2) A description of the current authorities under which 

heads of other Federal agencies may assist an impacted community. 

(3) A review of additional authorities that the Secretary 

requires to assist impacted communities, including an assessment on the following: 

(A) Methods to obtain educational opportunities for 

members of the Armed Forces and their dependents in 

impacted communities. 

(B) Opportunities to use payments in lieu of taxes 

under chapter 69 of title 31, United States Code, to offset 

impacts on impacted communities. 

(C) In remote locations where the Armed Forces does 

not have a presence and significant military expansion 

has been proposed, the ability to augment local medical 

capacities and public utilities to support expansion requirements. 

Subtitle C—Provisions Related to Guam 

Realignment 

SEC. 2831. ROLE OF DEPARTMENT OF DEFENSE IN MANAGEMENT AND 

COORDINATION OF DEFENSE ACTIVITIES RELATING TO 

GUAM REALIGNMENT. 

(a) DEPUTY SECRETARY OF DEFENSE.—Section 132 of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(d) Until September 30, 2015, the Deputy Secretary of Defense 

shall lead the Guam Executive Council and shall be the Department 

of Defense’s principal representative for coordinating the interagency efforts in matters relating to Guam, including the following 

executive orders: 

‘‘(1) Executive Order No. 13299 of May 12, 2003 (68 Fed. 

Reg. 25477; 48 U.S.C. note prec. 1451; relating to the Interagency Group on Insular Affairs). 

‘‘(2) Executive Order No. 12788 of January 15, 1992, as 

amended (57 Fed. Reg. 2213; relating to the Defense Economic 

Adjustment Program).’’. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

the congressional defense committees a report including the charter 

that establishes the Guam Executive Council. 

SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL PURPOSE 

ENTITIES TO ASSIST WITH GUAM REALIGNMENT. 

(a) SPECIAL PURPOSE ENTITY DEFINED.—In this section, the 

term ‘‘special purpose entity’’ means any private person, corporation, 

firm, partnership, company, State or local government, or authority 

or instrumentality of a State or local government that the Secretary 

of Defense determines is capable of producing military family 

housing or providing utilities to support the realignment of military 

installations and the relocation of military personnel on Guam. 

10 USC 2687 

note. 

Termination 

date. 


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(b) REPORT ON INTENDED USE SPECIAL PURPOSE ENTITIES.— 

(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of this Act, the Secretary of Defense 

shall submit to the congressional defense committees a report 

describing the intended use of special purpose entities to provide military family housing or utilities to support the realignment of military installations and the relocation of military 

personnel on Guam. 

(2) NOTICE AND WAIT.—The Secretary of Defense may not 

authorize the use of special use entities as described in paragraph (1) until the end of the 30-day period (15-day period 

if the report is submitted electronically) beginning on the date 

on which the report required by such paragraph is submitted. 

(c) APPLICABILITY OF UNIFIED FACILITIES CRITERIA.— 

(1) APPLICABILITY TO SECTION 2350K CONTRIBUTIONS.—Section 2824(c)(4) of the Military Construction Authorization Act 

for Fiscal Year 2009 (division B of Public Law 110–417; 10 

U.S.C. 2687 note) is amended by adding at the end the following 

new subparagraph: 

‘‘(D) APPLICABILITY OF UNIFIED FACILITIES CRITERIA.— 

The unified facilities criteria promulgated by the Under 

Secretary of Defense for Acquisition, Technology, and Logistics and dated May 29, 2002, and any successor to such 

criteria shall be the minimum standard applicable to 

projects funded using contributions referred to in subsection (b)(1) for a transaction authorized by paragraph 

(1).’’. 

(2) APPLICABILITY TO SPECIAL PURPOSE ENTITY CONTRIBUTIONS.—The unified facilities criteria promulgated by the Under 

Secretary of Defense for Acquisition, Technology, and Logistics 

and dated May 29, 2002, and any successor to such criteria 

shall be the minimum standard applicable to projects funded 

using contributions provided by a special purpose entity. 

(3) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report containing 

an evaluation of various options, including a preferred option, 

that the Secretary could utilize to comply with the unified 

facilities criteria referred to in paragraph (2) in the acquisition 

of military housing on Guam in connection with the realignment 

of military installations and the relocation of military personnel 

on Guam. In preparing the report, the Secretary shall consider 

the impact of— 

(A) increasing the overseas housing allowance for members of the Armed Forces serving on Guam; and 

(B) providing a direct Federal subsidy to public-private 

ventures. 

(d) SENSE OF CONGRESS ON SCOPE OF UTILITY INFRASTRUCTURE

IMPROVEMENTS.—Section 2821 of the Military Construction 

Authorization Act for Fiscal Year 2009 (division B of Public Law 

110–417; 122 Stat. 4729) is amended— 

(1) by redesignating subsection (c) as subsection (b); and 

(2) in such subsection, by striking ‘‘should incorporate the 

civilian and military infrastructure into a single grid to realize 

and maximize the effectiveness of the overall utility system’’ 

and inserting ‘‘should support proposed utility infrastructure 

Time period. 


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improvements on Guam that incorporate the civilian and military infrastructure into a single grid to realize and maximize 

the effectiveness of the overall utility system, rather than 

simply supporting one or more military installations’’. 

SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY CONSTRUCTION AND CERTAIN OTHER TRANSACTIONS ON GUAM. 

(a) PREVAILING WAGE REQUIREMENTS.—Subsection (c) of section 

2824 of the Military Construction Authorization Act for Fiscal Year 

2009 (division B of Public Law 110–417; 10 U.S.C. 2687 note) 

is amended by adding at the end the following new paragraph: 

‘‘(5) APPLICATION OF PREVAILING WAGE REQUIREMENTS.— 

‘‘(A) IN GENERAL.—The requirements of subchapter IV 

of chapter 31 of title 40, United States Code, shall apply 

to any military construction project or other transaction 

authorized by paragraph (1) that is carried out on Guam 

using contributions referred to in subsection (b)(1) or appropriated funds. 

‘‘(B) SECRETARY OF LABOR AUTHORITIES.—In order to 

carry out the requirements of subparagraph (A) and paragraph (6) (relating to composition of workforce for construction projects), the Secretary of Labor shall have the 

authority and functions set forth in Reorganization Plan 

Number 14 of 1950 and section 3145 of title 40, United 

States Code. 

‘‘(C) WAGE RATE DETERMINATION.—In making wage 

rate determinations pursuant to subparagraph (A), the Secretary of Labor shall not include in the wage survey any 

persons who hold a visa described in section 

101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 

(8 U.S.C. 1101(a)(15)(H)(ii)(b)). 

‘‘(D) ADDITION TO WEEKLY STATEMENT ON THE WAGES

PAID.—In the case of projects and other transactions covered by subparagraph (A), the weekly statement required 

by section 3145 of title 40, United States Code, shall also 

identify each employee working on the project or transaction who holds a visa described in section 

101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act 

(8 U.S.C. 1101(a)(15)(H)(ii)(b)). 

‘‘(E) DURATION OF REQUIREMENTS.—The Secretary of 

Labor shall make and issue a wage rate determination 

for Guam annually until 90 percent of the funds in the 

Account and other funds made available for the realignment of military installations and the relocation of military 

personnel on Guam have been expended.’’. 

(b) REPORTING REQUIREMENTS REGARDING SUPPORT OF

CONSTRUCTION WORKFORCE.—Subsection (e) of such section is 

amended— 

(1) by striking ‘‘Not later than’’ and inserting the following: 

‘‘(1) MILITARY CONSTRUCTION INFORMATION.—Not later 

than’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) CONSTRUCTION WORKFORCE INFORMATION.—The annual 

report shall also include an assessment of the living standards 

of the construction workforce employed to carry out military 

construction projects covered by the report, including, at a 

Determination. 

Deadline. 


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123 STAT. 2672 PUBLIC LAW 111–84—OCT. 28, 2009 

minimum, the adequacy of contract standards and infrastructure that support temporary housing the construction workforce 

and their medical needs.’’. 

SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUCTION 

PROJECTS FUNDED THROUGH THE SUPPORT FOR UNITED 

STATES RELOCATION TO GUAM ACCOUNT. 

(a) COMPOSITION OF WORKFORCE.—Section 2824(c) of the Military Construction Authorization Act for Fiscal Year 2009 (division 

B of Public Law 110–417; 10 U.S.C. 2687 note) is amended by 

inserting after paragraph (5), as added by section 2833, the following new paragraph: 

‘‘(6) COMPOSITION OF WORKFORCE FOR CONSTRUCTION

PROJECTS.— 

‘‘(A) LIMITATION.—With respect to each construction 

project that is carried out using amounts described in 

subparagraph (B), no work may be performed by a person 

holding a visa described in section 101(a)(15)(H)(ii)(b) of 

the Immigration and Nationality Act (8 U.S.C. 

1101(a)(15)(H)(ii)(b)) unless— 

‘‘(i) the application for that visa has been approved 

pursuant to the issuance of a temporary labor certification by the Governor of Guam as provided under 

section 214.2 of title 8, Code of Federal Regulations; 

and 

‘‘(ii) the Governor of Guam, in consultation with 

the Secretary of Labor, makes the certification 

described in subparagraph (C) to the Secretary of 

Defense. 

‘‘(B) SOURCE OF FUNDS.—Subparagraph (A) applies to— 

‘‘(i) amounts in the Account used for projects associated with the realignment of military installations 

and the relocation of military personnel on Guam; 

‘‘(ii) funds associated with activities under section 

2821 of this Act; and 

‘‘(iii) funds for authorized military construction 

projects. 

‘‘(C) CERTIFICATION.—The certification referred to in 

subparagraph (A) is a certification, in addition to the certifications required by section 214.2 of title 8, Code of Federal 

Regulations, that— 

‘‘(i) there are not sufficient United States workers 

who are able, willing, qualified, and available at the 

time of application for a visa and admission to the 

United States and at the place where the persons 

holding visas described in section 101(a)(15)(H)(ii)(b) 

of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(15)(H)(ii)(b)) are to perform such skilled or 

unskilled labor; and 

‘‘(ii) the employment of such persons holding visas 

described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) 

will not adversely affect the wages and working conditions of workers in Guam similarly employed. 

‘‘(D) SOLICITATION OF WORKERS.—In order to ensure 

compliance with subparagraph (A), as a condition of a 

contract covered by such subparagraph, the contractor shall 

Contracts. 

Recruitment 

plan. 

Applicability. 

Certification. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2673 

be required to advertise and solicit for construction workers 

in the United States, including Guam, the Commonwealth 

of the Northern Mariana Islands, American Samoa, the 

Virgin Islands, and the Commonwealth of Puerto Rico, 

in accordance with a recruitment plan approved by the 

Secretary of Labor. The contractor shall submit a copy 

of the employment offer, including a description of wages 

and other terms and conditions of employment, to the 

Secretary of Labor at least 60 days before the start date 

of the workers under a contract. The contractor shall 

authorize the Secretary of Labor to post a notice of the 

employment offer on a website, with State, territorial, and 

local job banks, with State and territorial workforce agencies, and with any other referral and recruitment sources 

the Secretary of Labor determines may be pertinent to 

the employment opportunity. 

‘‘(E) RECRUITMENT PERIOD.—The Secretary of Labor 

shall ensure that a contractor’s recruitment of construction 

workers complies with the recruitment plan required by 

subparagraph (D) for a period beginning 60 days before 

the start date of workers under a contract and continuing 

for the next 28 days. During the recruitment period, the 

contractor shall interview all qualified and available United 

States construction workers who have applied for the 

employment opportunity, and, at the close of the recruitment period, the contractor shall provide the Secretary 

of Labor with a recruitment report providing any reasons 

for which the contractor did not hire an applicant who 

is a qualified United States construction worker. Not later 

than 21 days before the start date of the workers under 

a contract, the Secretary of Labor shall certify to the Governor of Guam whether the contractor has satisfied the 

recruitment plan created under subparagraph (D). 

‘‘(F) LIMITATION.—An employer, its attorney or agent, 

the Secretary of Labor, the Governor of Guam, and any 

designee thereof, may not seek or receive payment of any 

kind from any worker for any activity related to obtaining 

an H-2B labor certification with respect to any construction 

project that is carried out using amounts described in 

subparagraph (B).’’. 

(b) REPORTING REQUIREMENTS.— 

(1) SECRETARY OF DEFENSE.—Not later than June 30, 2010, 

the Secretary of Defense shall submit to the congressional 

committees specified in paragraph (3) a report containing an 

assessment of efforts to establish a Project Labor Agreement 

for construction projects associated with the Guam realignment 

as encouraged by Executive Order 13502, entitled ‘‘Use of 

Project Labor Agreements for Federal Construction Projects’’ 

(74 Fed. Reg. 6985), as a means of complying with the requirements of paragraph (6) of section 2824(c) of the Military 

Construction Authorization Act for Fiscal Year 2009, as added 

by subsection (a). 

(2) SECRETARY OF LABOR.—Not later than June 30, 2010, 

the Secretary of Labor shall submit to the congressional 

committees specified in paragraph (3) a report containing an 

assessment of— 

Deadline. 

Reports. 

Contracts. 

Deadline. 

Certification. 

Deadline. 

Reports. 

Contracts. 

Notice. 

Web posting. 

Determination. 

Records. 

Deadline. 


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123 STAT. 2674 PUBLIC LAW 111–84—OCT. 28, 2009 

(A) the opportunities to expand the recruitment of 

construction workers in the United States, including Guam, 

the Commonwealth of the Northern Mariana Islands, 

American Samoa, the Virgin Islands, and the Commonwealth of Puerto Rico, to support the realignment of military installations and the relocation of military personnel 

on Guam, consistent with the requirements of paragraph 

(6) of section 2824(c) of the Military Construction 

Authorization Act for Fiscal Year 2009, as added by subsection (a); 

(B) the ability of labor markets to support the Guam 

realignment; 

(C) the sufficiency of efforts to recruit United States 

construction workers; and 

(D) The costs to the United States for recruitment 

plans required by such paragraph (6) and a proposed 

method to cover such costs. 

(3) COVERED CONGRESSIONAL COMMITTEES.—The reports 

required by this subsection shall be submitted to the congressional defense committees, the Committee on Education and 

Labor of the House of Representatives, and the Committee 

on Health, Education, Labor, and Pensions of the Senate. 

SEC. 2835. INTERAGENCY COORDINATION GROUP OF INSPECTORS 

GENERAL FOR GUAM REALIGNMENT. 

(a) INTERAGENCY COORDINATION GROUP.—There is hereby 

established the Interagency Coordination Group of Inspectors General for Guam Realignment (in this section referred to as the 

‘‘Interagency Coordination Group’’)— 

(1) to provide for the objective conduct and supervision 

of audits and investigations relating to the programs and operations funded with amounts appropriated or otherwise made 

available for military construction on Guam in connection with 

the realignment of military installations and the relocation 

of military personnel on Guam; and 

(2) to provide for coordination of, and recommendations 

on, policies designed— 

(A) to promote economic efficiency and effectiveness 

in the administration of the programs and operations 

described in paragraph (1); and 

(B) to prevent and detect waste, fraud, and abuse 

in such programs and operations. 

(b) MEMBERSHIP.— 

(1) CHAIRPERSON.—The Inspector General of the Department of Defense shall serve as chairperson of the Interagency 

Coordination Group. 

(2) ADDITIONAL MEMBERS.—Additional members of the 

Interagency Coordination Group shall include the Inspector 

General of the Department of Interior and the Inspector General of such other Federal agencies as the chairperson considers 

appropriate to carry out the duties of the Interagency Coordination Group. 

(c) DUTIES.— 

(1) OVERSIGHT OF GUAM CONSTRUCTION.—It shall be the 

duty of the Interagency Coordination Group to conduct, supervise, and coordinate audits and investigations of the treatment, 

Establishment. 

10 USC 2687 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2675 

handling, and expenditure of amounts appropriated or otherwise made available for military construction on Guam and 

of the programs, operations, and contracts carried out utilizing 

such funds, including— 

(A) the oversight and accounting of the obligation and 

expenditure of such funds; 

(B) the monitoring and review of construction activities 

funded by such funds; 

(C) the monitoring and review of contracts funded by 

such funds; 

(D) the monitoring and review of the transfer of such 

funds and associated information between and among 

departments, agencies, and entities of the United States 

and private and nongovernmental entities; 

(E) the maintenance of records on the use of such 

funds to facilitate future audits and investigations of the 

use of such fund; and 

(F) the monitoring and review of the implementation 

of the Defense Posture Review Initiative relating to the 

realignment of military installations and the relocation 

of military personnel on Guam. 

(2) OTHER DUTIES RELATED TO OVERSIGHT.—The Interagency Coordination Group shall establish, maintain, and oversee such systems, procedures, and controls as the Interagency 

Coordination Group considers appropriate to discharge the 

duties under paragraph (1). 

(3) OVERSIGHT PLAN.—The chairperson of the Interagency 

Coordination Group shall prepare an annual oversight plan 

detailing planned audits and reviews related to the Guam 

realignment. 

(d) ASSISTANCE FROM FEDERAL AGENCIES.— 

(1) PROVISION OF ASSISTANCE.—Upon request of the Interagency Coordination Group for information or assistance from 

any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable 

and not in contravention of any existing law, furnish such 

information or assistance to the Interagency Coordination 

Group. 

(2) REPORTING OF REFUSED ASSISTANCE.—Whenever 

information or assistance requested by the Interagency 

Coordination Group is, in the judgment of the chairperson 

of the Interagency Coordination Group, unreasonably refused 

or not provided, the chairperson shall report the circumstances 

to the Secretary of Defense and to the congressional defense 

committees without delay. 

(e) REPORTS.— 

(1) ANNUAL REPORTS.—Not later than February 1 of each 

year, the chairperson of the Interagency Coordination Group 

shall submit to the congressional defense committees, the Secretary of Defense, and the Secretary of the Interior a report 

summarizing, for the preceding calendar year, the activities 

of the Interagency Coordination Group during such year and 

the activities under programs and operations funded with 

amounts appropriated or otherwise made available for military 

construction on Guam. Each report shall include, for the year 

covered by the report, a detailed statement of all obligations, 

Deadline. 

Procedures. 


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123 STAT. 2676 PUBLIC LAW 111–84—OCT. 28, 2009 

expenditures, and revenues associated with such construction, 

including the following: 

(A) Obligations and expenditures of appropriated 

funds. 

(B) A project-by-project and program-by-program 

accounting of the costs incurred to date for military 

construction in connection with the realignment of military 

installations and the relocation of military personnel on 

Guam, together with the estimate of the Department of 

Defense and the Department of the Interior, as applicable, 

of the costs to complete each project and each program. 

(C) Revenues attributable to or consisting of funds 

contributed by the Government of Japan in connection 

with the realignment of military installations and the 

relocation of military personnel on Guam and any obligations or expenditures of such revenues. 

(D) Operating expenses of agencies or entities receiving 

amounts appropriated or otherwise made available for military construction on Guam. 

(E) In the case of any contract, grant, agreement, or 

other funding mechanism described in paragraph (2)— 

(i) the amount of the contract, grant, agreement, 

or other funding mechanism; 

(ii) a brief discussion of the scope of the contract, 

grant, agreement, or other funding mechanism; 

(iii) a discussion of how the department or agency 

of the United States Government involved in the contract, grant, agreement, or other funding mechanism 

identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, together with a 

list of the potential individuals or entities that were 

issued solicitations for the offers; and 

(iv) the justification and approval documents on 

which was based the determination to use procedures 

other than procedures that provide for full and open 

competition. 

(2) COVERED CONTRACTS, GRANTS, AGREEMENTS, AND

FUNDING MECHANISMS.—A contract, grant, agreement, or other 

funding mechanism described in this paragraph is any major 

contract, grant, agreement, or other funding mechanism that— 

(A) is entered into by any department or agency of 

the United States Government with any public or private 

sector entity; and 

(B) involves the use of amounts appropriated or otherwise made available for military construction on Guam. 

(3) FORM.—Each report required under this subsection shall 

be submitted in unclassified form, but may include a classified 

annex if the Interagency Coordination Group considers it necessary. 

(4) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to authorize the public disclosure of information that is— 

(A) specifically prohibited from disclosure by any other 

provision of law; 

(B) specifically required by Executive order to be protected from disclosure in the interest of national defense 

Definition. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2677 

or national security or in the conduct of foreign affairs; 

or 

(C) a part of an ongoing criminal investigation. 

(5) SUBMISSION OF COMMENTS.—Not later than 30 days 

after receipt of a report under paragraph (1), the Secretary 

of Defense or the Secretary of the Interior may submit to 

the congressional defense committees any comments on the 

matters covered by the report as the Secretary concerned considers appropriate. Any comments on the matters covered by 

the report shall be submitted in unclassified form, but may 

include a classified annex if the Secretary concerned considers 

it necessary. 

(f) PUBLIC AVAILABILITY; WAIVER.— 

(1) PUBLIC AVAILABILITY.—The Interagency Coordination 

Group shall publish on a publically-available Internet website 

each report prepared under subsection (e). Any comments on 

the report submitted under paragraph (5) of such subsection 

shall also be published on such website. 

(2) WAIVER AUTHORITY.—The President may waive the 

requirement under paragraph (1) with respect to availability 

to the public of any element in a report under subsection 

(e), or any comment with respect to a report, if the President 

determines that the waiver is justified for national security 

reasons. 

(3) NOTICE OF WAIVER.—The President shall publish a 

notice of each waiver made under this subsection in the Federal 

Register no later than the date on which a report required 

under subsection (e), or any comment under paragraph (5) 

of such subsection, is submitted to the congressional defense 

committees. The report and comments shall specify whether 

waivers under this subsection were made and with respect 

to which elements in the report or which comments, as appropriate. 

(g) DEFINITIONS.—In this section: 

(1) AMOUNTS APPROPRIATED OR OTHERWISE MADE AVAILABLE.—The term ‘‘amounts appropriated or otherwise made 

available for military construction on Guam’’ includes amounts 

derived from the Support for United States Relocation to Guam 

Account. 

(2) GUAM.—The term ‘‘Guam’’ includes any island in the 

Northern Mariana Islands. 

(h) TERMINATION.— 

(1) IN GENERAL.—The Interagency Coordination Group 

shall terminate upon the expenditure of 90 percent of all funds 

appropriated or otherwise made available for Guam realignment. 

(2) FINAL REPORT.—Before the termination of the Interagency Coordination Group pursuant to paragraph (1), the 

chairperson of the Interagency Coordination Group shall prepare and submit to the congressional defense committees a 

final report containing— 

(A) notice that the termination condition in paragraph 

(1) has occurred; and 

(B) a final forensic audit on programs and operations 

funded with amounts appropriated or otherwise made 

available for military construction on Guam. 

Termination 

date. 

Federal Register, 

publication. 

Deadline. 

Determination. 

Web posting. 

President. 

Deadline. 


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123 STAT. 2678 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY REQUIREMENTS AS CONDITION ON ACCEPTANCE OF REPLACEMENT FACILITY FOR MARINE CORPS AIR STATION, 

FUTENMA, OKINAWA. 

(a) IN GENERAL.—The Secretary of Defense may not accept, 

or authorize any other official of the Department of Defense to 

accept, a replacement facility in Okinawa for air operations conducted at Marine Corps Air Station, Futenma, Okinawa until the 

Secretary reports to the congressional defense committees that the 

replacement facility and its planned operating procedures are consistent with naval aviation safety requirements. 

(b) EXERCISE OF WAIVER AUTHORITIES.— 

(1) RULE OF CONSTRUCTION.—Nothing in this section shall 

be construed as preventing the Secretary from exercising 

existing waiver authorities provided the Secretary first determines the waiver is necessary in the interest of national 

defense. 

(2) REQUIRED REPORTING OF EFFORTS.—The report specified 

under subsection (a) shall clearly identify efforts made to mitigate deviations from criteria in the planning and construction 

of the replacement facility described in such subsection. 

SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE CORPS 

REQUIREMENTS IN ASIA-PACIFIC REGION. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to the congressional defense committees a report on the training 

and readiness requirements necessary for Marine Forces Pacific, 

the field command of the Marine Corps within the United States 

Pacific Command. 

(b) CONTENTS OF REPORT.—The report required under subsection (a) shall contain each of the following: 

(1) A description of the units of the Marine Corps expected 

to be assigned or realigned on a permanent or temporary basis 

to Marine Forces Pacific, including the type of unit, the 

organizational element, the current location of the unit, and 

proposed location for the unit. 

(2) A description of the training requirements necessary 

to sustain the current and planned realignment of forces specified in paragraph (1). 

(3) A description of the strategic- and tactical-lift requirements associated with the training, operational readiness, and 

movement of Marine Forces Pacific, including programming 

information regarding the intent of the Department of Defense 

to eliminate deficiencies in the strategic-lift capabilities. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that 

an evaluation of training and readiness requirements for Marine 

Forces Pacific— 

(1) should be conducted and completed as soon as possible; 

(2) should include an analysis that, at a minimum, reviews 

the capabilities required to support the training, operational 

readiness, and movement of Marine Air-Ground Task Force; 

and 

(3) should not impact the implementation of the recently 

signed international agreement entitled ‘‘Agreement between 

the Government of the United States of America and the 

Government of Japan concerning the Implementation of the 

Determination. 

Reports. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2679 

Relocation of the III Marine Expeditionary Force Personnel 

and their Dependents from Okinawa to Guam’’. 

Subtitle D—Energy Security 

SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING AND UTILITY 

CONTROL SYSTEM SPECIFICATION FOR MILITARY 

CONSTRUCTION AND MILITARY FAMILY HOUSING ACTIVITIES. 

(a) ADOPTION REQUIRED.— 

(1) IN GENERAL.—Subchapter III of chapter 169 of title 

10, United States Code, is amended by inserting after section 

2866 the following new section: 

‘‘§ 2867. Energy monitoring and utility control system specification for military construction and military 

family housing activities 

‘‘(a) ADOPTION OF DEPARTMENT-WIDE, OPEN PROTOCOL, ENERGY

MONITORING AND UTILITY CONTROL SYSTEM SPECIFICATION.—(1) 

The Secretary of Defense shall adopt an open protocol energy monitoring and utility control system specification for use throughout 

the Department of Defense in connection with a military construction project, military family housing activity, or other activity under 

this chapter for the purpose of monitoring and controlling, with 

respect to the project or activity, the items specified in paragraph 

(2) with the goal of establishing installation-wide energy monitoring 

and utility control systems. 

‘‘(2) The energy monitoring and utility control system specification required by paragraph (1) shall cover the following: 

‘‘(A) Utilities and energy usage, including electricity, gas, 

steam, and water usage. 

‘‘(B) Indoor environments, including temperature and 

humidity levels. 

‘‘(C) Heating, ventilation, and cooling components. 

‘‘(D) Central plant equipment. 

‘‘(E) Renewable energy generation systems. 

‘‘(F) Lighting systems. 

‘‘(G) Power distribution networks. 

‘‘(b) EXCLUSION.—(1) The energy monitoring and utility control 

system specification required by subsection (a) is not required to 

apply to projects carried out under the authority provided in subchapter IV of chapter 169 of this title. 

‘‘(2) The Secretary concerned may waive the application of 

the energy monitoring and utility control system specification 

required by subsection (a) with respect to a specific military 

construction project, military family housing activity, or other 

activity under this chapter if the Secretary determines that the 

application of the specification to the project or activity is not 

life cycle cost-effective. The Secretary concerned shall notify the 

congressional defense committees of any waiver granted under this 

paragraph.’’. 

Notification. 

Waiver authority. 

Determination. 


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123 STAT. 2680 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of subchapter III is amended by inserting after the 

item relating to section 2866 the following new item: 

‘‘2867. Energy monitoring and utility control system specification for military construction and military family housing activities.’’. 

(3) DEADLINE FOR ADOPTION.—The Secretary of Defense 

shall adopt the open protocol energy monitoring and utility 

control system specification required by section 2867 of title 

10, United States Code, as added by paragraph (1), not later 

than 180 days after the date of the enactment of this Act. 

(b) REPORTING REQUIREMENT.—Not later than 180 days after 

the date of the enactment of the Act, the Secretary of Defense 

shall submit to the congressional defense committees a report containing the following items: 

(1) A contract specification that will implement the open 

protocol energy monitoring and utility control system specification required by section 2867 of title 10, United States Code, 

as added by subsection (a). 

(2) A description of the method to ensure compliance of 

the Department of Defense information assurance certification 

and accreditation process. 

(3) A plan and expected timetable for integration of the 

standard with the energy monitoring and utility control systems. 

(4) A list of the justifications and authorizations provided 

by the Department, pursuant to Federal Acquisition Regulation 

Chapter 6.3, relating to Other Than Full and Open Competition, 

for energy monitoring and utility control systems during fiscal 

year 2009. 

SEC. 2842. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF 

RENEWABLE ENERGY SOURCES TO MEET FACILITY 

ENERGY NEEDS. 

(a) FACILITY BASIS OF GOAL.—Subsection (e) of section 2911 

of title 10, United States Code, is amended— 

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(2) in subparagraph (A) (as so redesignated)— 

(A) by striking ‘‘electric energy’’ and inserting ‘‘facility 

energy’’; 

(B) by striking ‘‘and in its activities’’; and 

(C) by striking ‘‘(as defined in section 203(b) of the 

Energy Policy Act of 2005 (42 U.S.C. 15852(b)))’’; and 

(3) in subparagraph (B) (as so redesignated), by striking 

‘‘electric energy’’ and inserting ‘‘facility energy’’. 

(b) DEFINITION OF RENEWABLE ENERGY SOURCE.—Such subsection is further amended— 

(1) by striking ‘‘It shall be’’ and inserting ‘‘(1) It shall 

be’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) In this subsection, the term ‘renewable energy source’ 

means energy generated from renewable sources, including the 

following: 

‘‘(A) Solar. 

‘‘(B) Wind. 

‘‘(C) Biomass. 

‘‘(D) Landfill gas. 

10 USC 2867 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2681 

‘‘(E) Ocean, including tidal, wave, current, and thermal. 

‘‘(F) Geothermal, including electricity and heat pumps. 

‘‘(G) Municipal solid waste. 

‘‘(H) New hydroelectric generation capacity achieved from 

increased efficiency or additions of new capacity at an existing 

hydroelectric project. For purposes of this subparagraph, hydroelectric generation capacity is ‘new’ if it was placed in service 

on or after January 1, 1999. 

‘‘(I) Thermal energy generated by any of the preceding 

sources.’’. 

(c) CLERICAL AMENDMENT.—The heading of such subsection 

is amended by striking ‘‘ELECTRICITY NEEDS’’ and inserting 

‘‘FACILITY ENERGY NEEDS’’. 

SEC. 2843. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS 

FOR MANAGEMENT OF ENERGY DEMAND OR REDUCTION 

OF ENERGY USAGE DURING PEAK PERIODS. 

(a) IN GENERAL.—Subchapter I of chapter 173 of title 10, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 2919. Department of Defense participation in programs 

for management of energy demand or reduction 

of energy usage during peak periods 

‘‘(a) PARTICIPATION IN DEMAND RESPONSE OR LOAD MANAGEMENT PROGRAMS.—The Secretary of Defense, the Secretaries of 

the military departments, the heads of the Defense Agencies, and 

the heads of other instrumentalities of the Department of Defense 

are authorized to participate in demand response programs for 

the management of energy demand or the reduction of energy 

usage during peak periods conducted by any of the following parties: 

‘‘(1) An electric utility. 

‘‘(2) An independent system operator. 

‘‘(3) A State agency. 

‘‘(4) A third party entity (such as a demand response 

aggregator or curtailment service provider) implementing 

demand response programs on behalf of an electric utility, 

independent system operator, or State agency. 

‘‘(b) TREATMENT OF CERTAIN FINANCIAL INCENTIVES.—Financial 

incentives received from an entity specified in subsection (a) shall 

be— 

‘‘(1) received as a cost reduction in the utility bill for 

a facility; or 

‘‘(2) deposited into the fund established under subsection 

(c) for use, to the extent provided for in an appropriations 

Act, by the military department, Defense Agency, or instrumentality receiving such financial incentive for energy management 

initiatives. 

‘‘(c) ENERGY SAVINGS FINANCIAL INCENTIVES FUND.—There is 

established in the Treasury a fund to be known as the ‘Energy 

Savings Financial Incentives Fund’. The Fund shall consist of any 

amount deposited in the Fund pursuant to subsection (b)(2) and 

amounts appropriated or otherwise made available to the Fund 

by law.’’. 


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123 STAT. 2682 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the 

following new item: 

‘‘2919. Department of Defense participation in programs for management of energy 

demand or reduction of energy usage during peak periods.’’. 

SEC. 2844. DEPARTMENT OF DEFENSE USE OF ELECTRIC AND HYBRID 

MOTOR VEHICLES. 

(a) PREFERENCE.—Subchapter II of chapter 173 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 2922g. Preference for motor vehicles using electric or 

hybrid propulsion systems 

‘‘(a) PREFERENCE.—In leasing or procuring motor vehicles for 

use by a military department or Defense Agency, the Secretary 

of the military department or the head of the Defense Agency 

shall provide a preference for the lease or procurement of motor 

vehicles using electric or hybrid propulsion systems, including plugin hybrid systems, if the electric or hybrid vehicles— 

‘‘(1) will meet the requirements or needs of the Department 

of Defense; and 

‘‘(2) are commercially available at a cost, including operating cost, reasonably comparable to motor vehicles containing 

only an internal combustion or heat engine using combustible 

fuel. 

‘‘(b) EXCEPTION.—Subsection (a) does not apply with respect 

to tactical vehicles designed for use in combat. 

‘‘(c) RELATION TO OTHER VEHICLE TECHNOLOGIES THAT REDUCE

CONSUMPTION OF FOSSIL FUELS.—The preference required by subsection (a) does not preclude the Secretary of Defense from authorizing the Secretary of a military department or head of a Defense 

Agency to provide a preference for another vehicle technology that 

reduces the consumption of fossil fuels if the Secretary of Defense 

determines that the technology is consistent with the energy 

performance goals and plan of the Department required by section 

2911 of this title. 

‘‘(d) HYBRID DEFINED.—In this section, the term ‘hybrid’, with 

respect to a motor vehicle, means a motor vehicle that draws 

propulsion energy from onboard sources of stored energy that are 

both— 

‘‘(1) an internal combustion or heat engine using combustible fuel; and 

‘‘(2) a rechargeable energy storage system.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the 

following new item: 

‘‘2922g. Preference for motor vehicles using electric or hybrid propulsion systems.’’. 

(c) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to implement section 2922g of title 10, United States 

Code, as added by subsection (a), within one year after the date 

of the enactment of this Act. 

Deadline. 

10 USC 2922g 

note. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2683 

SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER PLANTS 

ON MILITARY INSTALLATIONS. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a study to assess the feasibility of developing nuclear power plants 

on military installations. 

(b) ELEMENTS.—As part of the study required by subsection 

(a), the Secretary shall— 

(1) summarize options available to the Department to enter 

into public-private partnerships or other transactions for the 

construction and operation of the nuclear power plants; 

(2) estimate the potential cost per kilowatt-hour and lifecycle cost savings to the Department; 

(3) consider the potential energy security advantages of 

generating electricity on military installations through the use 

of nuclear power plants; 

(4) assess the additional infrastructure that would be 

needed to enable the power plants to provide power through 

the general electricity grid and to military installations in 

the event of a commercial grid failure; 

(5) consider the potential impact on the quality of life 

of personnel stationed at military installations at which a 

nuclear power plant is installed and ways to mitigate those 

impacts; 

(6) review the range of Federal, State, and local regulatory 

processes governing the establishment of nuclear power plants 

on military installations; 

(7) assess the degree to which nuclear power plants might 

adversely affect operations on military installations, including 

consideration of training and readiness requirements; 

(8) assess potential environmental liabilities for the Department; 

(9) consider factors impacting safe co-location and operation 

of nuclear power plants on military installations; and 

(10) consider other factors that affect the development of 

nuclear power plants on military installations. 

(c) SUBMISSION OF RESULTS OF STUDY.—Not later than June 

1, 2010, the Secretary shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report containing the results of the study required by subsection (a). 

SEC. 2846. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF 

DEFENSE RENEWABLE ENERGY INITIATIVES, INCLUDING 

SOLAR INITIATIVES, ON MILITARY INSTALLATIONS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Comptroller General shall submit 

to Congress a report describing all renewable energy initiatives, 

including projects involving the installation of solar panels, that 

are currently producing energy or are under development on military installations. 

(b) ELEMENTS.—The report required by subsection (a) shall— 

(1) specify the costs associated with each renewable energy 

initiative; 

(2) address whether the renewable energy initiative has 

a clearly delineated set of goals or targets and whether the 

goals or targets are being met or are likely to be met by 

the completion of the renewable energy initiative; and 

Deadline. 

Reports. 


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(3) contain recommendations for legislative or administrative actions that will assist— 

(A) renewable energy initiatives in meeting the goals 

or targets; and 

(B) the Department of Defense in achieving its renewable energy goal by 2025, as specified in section 2911(e) 

of title 10, United States Code. 

Subtitle E—Land Conveyances 

SEC. 2851. LAND CONVEYANCE, HAINES TANK FARM, HAINES, ALASKA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the Chilkoot Indian Association (in this section referred 

to as the ‘‘Association’’) all right, title, and interest of the United 

States in and to a parcel of real property, including improvements 

thereon, consisting of approximately 201 acres located at the former 

Haines Fuel Terminal (also known as the Haines Tank Farm) 

in Haines, Alaska, for the purpose of permitting the Association 

to develop a Deep Sea Port and for other industrial and commercial 

development purposes. To the extent practicable, the Secretary 

is encouraged to complete the conveyance by September 30, 2013, 

but not prior to the date of completion of all obligations referenced 

in subsection (e). 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the Association shall pay to the Secretary an amount 

equal to the fair market value of the property, as determined 

by the Secretary. The determination of the Secretary shall be final. 

(c) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) 

is not being used in accordance with the purpose of the conveyance, 

all right, title, and interest in and to such real property, including 

any improvements and appurtenant easements thereto, shall, at 

the option of the Secretary, revert to and become the property 

of the United States, and the United States shall have the right 

of immediate entry onto such real property. A determination by 

the Secretary under this subsection shall be made on the record 

after an opportunity for a hearing. 

(d) PAYMENT OF COSTS OF CONVEYANCES.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

Association to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), 

including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the Association in advance 

of the Secretary incurring the actual costs, and the amount 

collected exceeds the costs actually incurred by the Secretary 

to carry out the conveyance, the Secretary shall refund the 

excess amount to the Association. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account and shall be available for the same purposes, and 

Records. 

Payments. 

Determination. 


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subject to the same conditions and limitations, as amounts 

in such fund or account. 

(e) SAVINGS PROVISION.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to 

comply with, any environmental law, including the National 

Environmental Policy Act (42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act 

(42 U.S.C. 6901 et seq.). 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under this section 

shall be determined by a survey satisfactory to the Secretary. 

(g) ADDITIONAL TERM AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2852. RELEASE OF REVERSIONARY INTEREST, CAMP JOSEPH T. 

ROBINSON, ARKANSAS. 

The United States releases to the State of Arkansas the reversionary interest described in sections 2 and 3 of the Act entitled 

‘‘An Act authorizing the transfer of part of Camp Joseph T. Robinson 

to the State of Arkansas’ ’’’, approved June 30, 1950 (64 Stat. 311, 

chapter 429), in and to the surface estate of the land constituting 

Camp Joseph T. Robinson, Arkansas, which is comprised of 40.515 

acres of land to be acquired by the United States of America 

and 40.513 acres to be acquired by the City of North Little Rock, 

Arkansas, and lies in sections 6, 8, and 9 of township 2 North, 

Range 12 West, Pulaski County, Arkansas. 

SEC. 2853. TRANSFER OF ADMINISTRATIVE JURISDICTION, PORT CHICAGO NAVAL MAGAZINE, CALIFORNIA. 

(a) TRANSFER REQUIRED; ADMINISTRATION.—Section 203 of the 

Port Chicago National Memorial Act of 1992 (Public Law 102– 

562; 16 U.S.C. 431 note; 106 Stat. 4235) is amended by striking 

subsection (c) and inserting the following new subsections: 

‘‘(c) ADMINISTRATION.—The Secretary of the Interior shall 

administer the Port Chicago Naval Magazine National Memorial 

as a unit of the National Park System in accordance with this 

Act and laws generally applicable to units of the National Park 

System, including the National Park Service Organic Act (39 Stat. 

535; 16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 

Stat. 666; 16 U.S.C. 461 et seq.). Land transferred to the administrative jurisdiction of the Secretary of the Interior under subsection 

(d) shall be administered in accordance with this subsection. 

‘‘(d) TRANSFER OF LAND.—The Secretary of the Army shall 

transfer to the Secretary of the Interior administrative jurisdiction 

over of a parcel of land consisting of approximately five acres, 

depicted within the proposed boundary on the map entitled ‘Port 

Chicago Naval Magazine National Memorial, Proposed Boundary’, 

numbered 018/80,001, and dated August 2005, if the Secretary 

of the Army determines that the land is in excess to military 

needs. At the time of the transfer of administrative jurisdiction, 

the Secretary of the Army and the Secretary of the Interior shall 

enter into an agreement to determine the responsibilities of the 

respective agencies in the application of, or obligation to comply 

with, any applicable environmental law affecting the transferred 

Contracts. 

Determination. 

Determination. 

Survey. 


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land, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). 

‘‘(e) PUBLIC ACCESS.—The Secretary of the Army shall enter 

into an agreement with the Secretary of the Interior to provide 

as much public access as possible to the Port Chicago Naval Magazine National Memorial without interfering with military needs. 

This subsection shall no longer apply if, at some point in the 

future, the National Memorial ceases to be an enclave within the 

Military Ocean Terminal–Concord. 

‘‘(f) AGREEMENT WITH CITY OF CONCORD AND EAST BAY

REGIONAL PARK DISTRICT.—The Secretary of the Interior is authorized to enter into an agreement with the City of Concord, California, 

and the East Bay Regional Park District, to establish and operate 

a facility for visitor orientation and parking, administrative offices, 

and curatorial storage for the National Memorial. 

‘‘(g) SAVINGS PROVISION.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to 

comply with, any environmental law, including the National 

Environmental Policy Act (42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act 

(42 U.S.C. 6901 et seq.).’’. 

(b) SENSE OF CONGRESS ON REPAIR AND MODIFICATION OF

NATIONAL MEMORIAL.—In accordance with public access provided 

by section 203(e) of the Port Chicago National Memorial Act of 

1992, as amended by subsection (a), it is the sense of Congress 

that the Secretary of the Army and the Secretary of the Interior 

should work together to develop a process by which future repairs 

and modifications to mutually used infrastructure at the Port Chicago Naval Magazine National Memorial can be carried out in 

as timely and cost-effective a manner as possible. 

SEC. 2854. LAND CONVEYANCE, FERNDALE HOUSING AT CENTERVILLE 

BEACH NAVAL FACILITY TO CITY OF FERNDALE, CALIFORNIA. 

(a) CONVEYANCE AUTHORIZED.—At such time as the Navy 

vacates the Ferndale Housing, which previously supported the now 

closed Centerville Beach Naval Facility in the City of Ferndale, 

California, the Secretary of the Navy may convey, at fair market 

value, to the City of Ferndale (in this section referred to as the 

‘‘City’’), all right, title, and interest of the United States in and 

to the parcels of real property, including improvements thereon, 

for the purpose of permitting the City to utilize the property for 

low- and moderate-income housing for seniors, families, or both. 

(b) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary 

of the Navy. 

(c) PAYMENT OF COSTS OF CONVEYANCES.— 

(1) PAYMENT REQUIRED.—The Secretary of the Navy shall 

require the City to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), 

including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the city in advance of 

Determination. 

Survey. 

Contracts. 


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the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary 

to carry out the conveyance, the Secretary shall refund the 

excess amount to the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary of the Navy in carrying out the conveyance. 

Amounts so credited shall be merged with amounts in such 

fund or account and shall be available for the same purposes, 

and subject to the same conditions and limitations, as amounts 

in such fund or account. 

(d) TRANSFER OF PROCEEDS AUTHORIZED.—The Secretary of 

Defense may transfer any proceeds received from the conveyance 

under subsection (a), less amounts received as reimbursement for 

costs under subsection (c), to the Department of Defense Family 

Housing Improvement Fund established under section 2883(a) of 

title 10, United States Code, for the purposes of carrying out activities under subchapter IV of chapter 169 of that title with respect 

to military family housing. 

(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary 

of the Navy considers appropriate to protect the interests of the 

United States. 

SEC. 2855. LAND CONVEYANCES, NAVAL AIR STATION, BARBERS POINT, 

HAWAII. 

(a) CONVEYANCES AUTHORIZED.—The Secretary of the Navy 

may convey all right, title, and interest of the United States in 

and to the parcels of real property, including any improvements 

thereon, described in subsection (b) and located at former Naval 

Air Station, Barbers Point, Oahu, Hawaii— 

(1) to the Hawaii Community Development Authority (in 

this section referred to as the ‘‘Authority’’), which is the local 

redevelopment authority for former Naval Air Station, Barbers 

Point; or 

(2) to the Department of Hawaiian Homelands (in this 

section referred to as the ‘‘Department’’). 

(b) COVERED PARCELS.—The real property authorized to be 

conveyed under subsection (a) includes the following: 

(1) An approximately 10.569-acre parcel of land identified 

as ‘‘Parcel No. 13126 B’’ and further identified by Oahu Tax 

Map Key No. 9–1–031:047. 

(2) An approximately 145.785-acre parcel of land identified 

as ‘‘Parcel No. 13058 D’’ and further identified by Oahu Tax 

Map Key No. 9–1–013:039. 

(3) An approximately 9.303-acre parcel of land identified 

as ‘‘Parcel No. 13058 F’’ and further identified by Oahu Tax 

Map Key No. 9–1–013:041. 

(4) An approximately 57.937-acre parcel of land identified 

as ‘‘Parcel No. 13058 G’’ and further identified by Oahu Tax 

Map Key No. 9–1–013:042. 

(5) An approximately 11.501-acre parcel of land identified 

as ‘‘Parcel No. 13073 D’’ and further identified by Oahu Tax 

Map Key No. 9–1–013:069. 


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123 STAT. 2688 PUBLIC LAW 111–84—OCT. 28, 2009 

(6) An approximately 65.356-acre parcel of land identified 

as ‘‘Parcel No. 13073 B’’ and further identified by Oahu Tax 

Map Key No. 9–1–013:067. 

(7) Any other property at former Naval Air Station, Barbers 

Point identified for closure through the base closure process. 

(c) CONSIDERATION.— (1) AUTHORITY CONVEYANCES.—Any conveyance under subsection (a)(1) to the Authority shall be made without consideration if the conveyed real property is to be used for public 

benefit, as determined by the Secretary. 

(2) DEPARTMENT CONVEYANCES.—Any conveyance under 

subsection (a)(2) to the Department shall be made to mitigate 

further claims associated with the Hawaiian Home Lands 

Recovery Act (title II of Public Law 104–42; 109 Stat. 357; 

48 U.S.C. 491 note prec.). 

(d) PAYMENT OF COSTS OF CONVEYANCES.— (1) PAYMENT REQUIRED.—The Secretary shall require the 

Authority or the Department, as the case may be, to cover 

costs to be incurred by the Secretary, or to reimburse the 

Secretary for costs incurred by the Secretary, to carry out 

a conveyance under subsection (a), including survey costs, costs 

related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected 

in advance of the Secretary incurring the actual costs, and 

the amount collected exceeds the costs actually incurred by 

the Secretary to carry out the conveyance, the Secretary shall 

refund the excess amount to the Authority or the Department, 

whichever entity paid the excess amount. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(e) SAVINGS PROVISION.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to 

comply with, any environmental law, including the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(42 U.S.C. 9601 et seq.) and the Solid Waste Disposal Act (42 

U.S.C. 6901 et seq.). 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

descriptions of the parcels of real property to be conveyed under 

subsection (a) shall be determined by a survey satisfactory to the 

Secretary. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions, including easements 

or covenants to protect cultural or natural resources, in connection 

with the conveyances under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2856. LAND CONVEYANCES OF CERTAIN PARCELS IN THE CAMP 

CATLIN AND OHANA NUI AREAS, PEARL HARBOR, HAWAII. 

(a) CONVEYANCES AUTHORIZED.—The Secretary of the Navy 

may convey to any person or entity leasing or licensing real property 

located at Camp Catlin and Ohana Nui areas, Hawaii, as of the 

Determination. 

Survey. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2689 

date of the enactment of this Act (in this section referred to as 

the ‘‘lessee’’) all right, title, and interest of the United States in 

and to the portion of such property that is respectively leased 

or licensed by such person or entity for the purpose of continuing 

the same functions as are being conducted on the property as 

of the date of the enactment of this Act. 

(b) CONSIDERATION.—As consideration for a conveyance under 

subsection (a), the lessee shall provide the United States, whether 

by cash payment, in-kind consideration described in section 2667(c) 

of title 10, United States Code, or a combination thereof, an amount 

that is not less than the fair market of the conveyed property, 

as determined pursuant to an appraisal acceptable to the Secretary. 

(c) EXERCISE OF RIGHT TO PURCHASE PROPERTY.— (1) ACCEPTANCE OF OFFER.—For a period of 180 days beginning on the date the Secretary makes a written offer to convey 

the property or any portion thereof under subsection (a), the 

lessee shall have the exclusive right to accept such offer by 

providing written notice of acceptance to the Secretary within 

the specified 180-day time period. If the Secretary’s offer is 

not so accepted within the 180-day period, the offer shall expire. 

(2) CONVEYANCE DEADLINE.—If a lessee accepts the offer 

to convey the property or a portion thereof in accordance with 

paragraph (1), the conveyance shall take place not later than 

2 years after the date of the lessee’s written acceptance, provided that the conveyance date may be extended for a reasonable period of time by mutual agreement of the parties, evidenced by a written instrument executed by the parties prior 

to the end of the 2-year period. If the lessee’s lease or license 

term expires before the conveyance is completed, the Secretary 

may extend the lease or license term up to the date of conveyance, provided that the lessee shall be required to pay for 

such extended term at the rate in effect at the time it was 

declared excess property. 

(d) PAYMENT OF COSTS OF CONVEYANCES.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

lessee to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out a conveyance under subsection (a), including survey 

costs, related to the conveyance. If amounts are collected from 

the lessee in advance of the Secretary incurring the actual 

costs, and the amount collected exceeds the costs actually 

incurred by the Secretary to carry out the conveyance, the 

Secretary shall refund the excess amount to the lessee. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by 

the Secretary to carry out a conveyance under subsection (a) 

shall be credited to the fund or account that was used to 

cover the costs incurred by the Secretary in carrying out the 

conveyance. Amounts so credited shall be merged with amounts 

in such fund or account and shall be available for the same 

purposes, and subject to the same conditions and limitations, 

as amounts in such fund or account. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of any real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

(f) ADDITIONAL TERM AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

Determination. 

Survey. 

Contracts. 

Expiration date. 

Time period. 

Notice. 


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a conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2857. MODIFICATION OF LAND CONVEYANCE, FORMER GRIFFISS 

AIR FORCE BASE, NEW YORK. 

(a) ADDITIONAL CONVEYANCE.—Subsection (a)(1) of section 2873 

of the Military Construction Authorization Act for Fiscal Year 2005 

(division B of Public Law 108–375; 118 Stat. 2152) is amended 

by striking ‘‘two parcels’’ and all that follows through the period 

at the end and inserting the following: ‘‘three parcels of real property consisting of 7.897 acres, 1.742 acres, and 5.037 acres, respectively, and containing all or a portion of the five buildings specified 

in paragraph (2), which were vacated, or will be vacated, by the 

Air Force in conjunction with its relocation to the Consolidated 

Intelligence and Reconnaissance Laboratory and to a replacement 

Modification and Fabrication Facility at Air Force Research Laboratory–Rome Research Site, Rome, New York.’’. 

(b) DESCRIPTION OF PROPERTY.—Subsection (a)(2) of such section is amended by adding at the end the following new subparagraph: 

‘‘(E) Bay Number 4 in Building 101 (approximately 115,000 

square feet).’’. 

(c) PURPOSE OF CONVEYANCE.—Subsection (a)(3) of such section 

is amended by adding before the period at the end the following: 

‘‘and to provide adequate reimbursement, real property, and replacement facilities for the Air Force Research Laboratory units that 

are relocated as a result of the conveyance’’. 

(d) CONSIDERATION.—Subsection (c) of such section is 

amended— 

(1) by striking ‘‘in-kind contribution’’ and inserting ‘‘inkind consideration (including land and new facilities)’’; and 

(2) by adding at the end the following new sentence: ‘‘Any 

cash payment received by the Secretary under this subsection 

shall be deposited in the special account established for the 

Secretary under section 2667(e) of title 10, United States Code, 

and shall be available to the Secretary for the same uses 

and subject to the same limitations as provided in that section.’’. 

SEC. 2858. LAND CONVEYANCE, ARMY RESERVE CENTER, CHAMBERSBURG, PENNSYLVANIA. 

(a) CONVEYANCE AUTHORIZED.—At such time as the Army 

Reserve vacates the Army Reserve Center at 721 South Sixth 

Street, Chambersburg, Pennsylvania, the Secretary of the Army 

may convey, without consideration, to the Chambersburg Area 

School District (in this section referred to as the ‘‘School District’’), 

all right, title, and interest of the United States in and to the 

Reserve Center for the purpose of permitting the School District 

to utilize the property for educational and educational-support 

activities. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at 

any time that the real property conveyed under subsection (a) 

is not being used in accordance with the purpose of the conveyance, 

all right, title, and interest in and to such real property, including 

any improvements and appurtenant easements thereto, shall, at 

the option of the Secretary, revert to and become the property 

of the United States, and the United States shall have the right 

Records. of immediate entry onto such real property. A determination by 

Determination. 


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the Secretary under this subsection shall be made on the record 

after an opportunity for a hearing. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

(d) PAYMENT OF COSTS OF CONVEYANCES.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

School District to cover costs to be incurred by the Secretary, 

or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), 

including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the School District in 

advance of the Secretary incurring the actual costs, and the 

amount collected exceeds the costs actually incurred by the 

Secretary to carry out the conveyance, the Secretary shall 

refund the excess amount to the School District. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts 

so credited shall be merged with amounts in such fund or 

account and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2859. LAND CONVEYANCE, ELLSWORTH AIR FORCE BASE, SOUTH 

DAKOTA. 

(a) CHANGE IN RECIPIENT UNDER EXISTING AUTHORITY.— 

(1) IN GENERAL.—Section 2863(a) of the Military Construction Act for Fiscal Year 1998 (division B of Public Law 105– 

85; 111 Stat. 2010), as amended by section 2865(a) of the 

Military Construction Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398; 114 Stat. 1654A–435), is 

further amended by striking ‘‘West River Foundation for Economic and Community Development, Sturgis, South Dakota 

(in this section referred to as the ‘Foundation’)’’ and inserting 

‘‘South Dakota Ellsworth Development Authority, Pierre, South 

Dakota (in this section referred to as the ‘Authority’)’’. 

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 

2863 of the Military Construction Act for Fiscal Year 1998 

(division B of Public Law 105–85; 111 Stat. 2010), as amended 

by section 2865(b) of the Military Construction Act for Fiscal 

Year 2001 (as enacted into law by Public Law 106–398; 114 

Stat. 1654A–435), is further amended— 

(A) by striking ‘‘Foundation’’ each place it appears in 

subsections (c) and (e) and inserting ‘‘Authority’’; 

(B) in subsection (b)(1)— 

(i) in subparagraph (B), by striking ‘‘137.56 acres’’ 

and inserting ‘‘120.70 acres’’; and 

(ii) by striking subparagraphs (C), (D), and (E). 

(b) NEW CONVEYANCE AUTHORITY.— 


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123 STAT. 2692 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) CONVEYANCE AUTHORIZED.—The Secretary of the Air 

Force may convey, without consideration, to the South Dakota 

Ellsworth Development Authority, Pierre, South Dakota (in 

this subsection referred to as the ‘‘Authority’’), all right, title, 

and interest of the United States in and to the parcels of 

real property located at Ellsworth Air Force Base, South 

Dakota, referred to in paragraph (2). 

(2) COVERED PROPERTY.—The real property referred to in 

paragraph (1) is the following: 

(A) A parcel of real property, together with any 

improvements thereon, consisting of approximately 2.37 

acres and comprising the 11000 West Communications 

Annex. 

(B) A parcel of real property, together with any 

improvements thereon, consisting of approximately 6.643 

acres and comprising the South Nike Education Annex. 

(3) CONDITION.—As a condition of the conveyance under 

this subsection, the Authority, and any person or entity to 

which the Authority transfers the property, shall comply in 

the use of the property with the applicable provisions of the 

Ellsworth Air Force Base Air Installation Compatible Use Zone 

Study. 

(4) REVERSIONARY INTEREST.—If the Secretary determines 

at any time that the real property conveyed under paragraph 

(1) is not being used in compliance with the applicable provisions of the Ellsworth Air Force Base Air Installation Compatible Use Zone Study, all right, title, and interest in and to 

such real property, including any improvements and appurtenant easements thereto, shall, at the option of the Secretary, 

revert to and become the property of the United States, and 

the United States shall have the right of immediate entry 

onto such real property. A determination by the Secretary 

under this paragraph shall be made on the record after an 

opportunity for a hearing. 

(5) DESCRIPTION OF PROPERTY.—The exact acreage and 

legal description of the real property to be conveyed under 

this subsection shall be determined by a survey satisfactory 

to the Secretary. 

(6) ADDITIONAL TERMS AND CONDITIONS.—The Secretary 

may require such additional terms and conditions in connection 

with the conveyance under this subsection as the Secretary 

considers appropriate to protect the interests of the United 

States. 

SEC. 2860. LAND CONVEYANCE, LACKLAND AIR FORCE BASE, TEXAS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey to an eligible entity, all right, title, and interest of 

the United States to not more than 250 acres of real property 

and associated easements and improvements on Lackland Air Force 

Base, Texas, in exchange for real property adjacent to or near 

the installation for the purpose of relocating and consolidating 

Air Force tenants located on the former Kelly Air Force Base, 

Texas, onto the main portion of Lackland Air Force Base. 

(b) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the eligible entity 

accept the real property in its condition at the time of the conveyance. 

Records. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2693 

(c) ELIGIBLE ENTITIES.—A conveyance under this section may 

be made to the City of San Antonio, Texas, or an organization 

or agency chartered or sponsored by the local or State government. 

(d) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the eligible entity shall provide the Air Force with 

real property or real property improvements, or a combination 

of both, of equal value, as determined by the Secretary. If the 

fair market value of the real property or real property improvements, or combination thereof, is less than the fair market value 

of the real property to be conveyed by the Air Force, the eligible 

entity shall provide cash payment to the Air Force, or provide 

Lackland Air Force Base with in-kind consideration of an amount 

equal to the difference in the fair market values. Any cash payment 

received by the Air Force for the conveyance authorized by subsection (a) shall be deposited in the special account described in 

section 2667(e) of title 10, United States Code, and shall be available 

to the Secretary for the same uses and subject to the same limitations as provided in that section. 

(e) PAYMENT OF COSTS OF CONVEYANCE.— 

(1) IN GENERAL.—The Secretary may require the eligible 

entity to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyances under this section, including 

survey costs, costs related to environmental documentation, 

and other administrative costs related to the conveyances. If 

amounts are collected from the eligible entity in advance of 

the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary 

to carry out the conveyance, the Secretary shall refund the 

excess amount to the eligible entity. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursement under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyances. Amounts 

so credited shall be merged with amounts in such fund or 

account, and shall be available for the same purposes, and 

subject to the same conditions and limitations, as amounts 

in such fund or account. 

(f) SAVINGS PROVISION.—Nothing in this section shall be construed to affect or limit the application of, or any obligation to 

comply with, any environmental law, including the National 

Environmental Policy Act (42 U.S.C. 4321 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (42 U.S.C. 9601 et seq.), and the Solid Waste Disposal Act 

(42 U.S.C. 6901 et seq.). 

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2861. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, VIRGINIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey to the City of Virginia Beach, Virginia (in this section 


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123 STAT. 2694 PUBLIC LAW 111–84—OCT. 28, 2009 

referred to as the ‘‘City’’), all right, title, and interest of the United 

States in and to a parcel of real property, including any improvements thereon, consisting of approximately 2.4 acres at Naval Air 

Station, Oceana, Virginia, for the purpose of permitting the City 

to expand services to support the Marine Animal Care Center. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the City shall provide compensation to the Secretary 

of the Navy in an amount equal to the fair market value of the 

real property conveyed under such subsection, as determined by 

appraisals acceptable to the Secretary. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be exchanged under this section 

shall be determined by surveys satisfactory to the Secretary. 

(d) PAYMENT OF COSTS OF CONVEYANCES.— 

(1) PAYMENT REQUIRED.—The Secretary shall require the 

City to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyance under this section, including survey 

costs related to the conveyance. If amounts are collected from 

the City in advance of the Secretary incurring the actual costs, 

and the amount collected exceeds the costs actually incurred 

by the Secretary to carry out the conveyance, the Secretary 

shall refund the excess amount to the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

under paragraph (1) as reimbursement for costs incurred by 

the Secretary to carry out the conveyance under this section 

shall be credited to the fund or account that was used to 

cover the costs incurred by the Secretary in carrying out the 

conveyance. Amounts so credited shall be merged with amounts 

in such fund or account and shall be available for the same 

purposes, and subject to the same conditions and limitations, 

as amounts in such fund or account. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under this section as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2862. COMPLETION OF LAND EXCHANGE AND CONSOLIDATION, 

FORT LEWIS, WASHINGTON. 

Subsection (a)(1) of section 2837 of the Military Construction 

Authorization Act for Fiscal Year 2002 (division B of Public Law 

107–107; 115 Stat. 1315), as amended by section 2852 of the Military Construction Authorization Act for Fiscal Year 2005 (division 

B of Public Law 108–375; 118 Stat. 2143), is further amended— 

(1) in the first sentence, by striking ‘‘The Secretary of 

the Army may transfer’’ and inserting ‘‘Not later than 60 days 

after the date of the enactment of the Military Construction 

Authorization Act for Fiscal Year 2010, the Secretary of the 

Army shall transfer’’; and 

(2) in the second sentence— 

(A) by striking ‘‘may make the transfer’’ and inserting 

‘‘shall make the transfer’’; and 

(B) by striking ‘‘may accept’’ and inserting ‘‘shall 

accept’’. 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2695 

SEC. 2863. LAND CONVEYANCE, F.E. WARREN AIR FORCE BASE, CHEYENNE, WYOMING. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey to the County of Laramie, Wyoming (in this section 

referred to as the ‘‘County’’) all right, title, and interest of the 

United States in and to a parcel of real property, including any 

improvements thereon and appurtenant easements thereto, consisting of approximately 73 acres along the southeastern boundary 

of F.E. Warren Air Force Base, Cheyenne, Wyoming, for the purpose 

of removing the property from the boundaries of the installation 

and permitting the County to preserve the entire property for 

healthcare facilities. 

(b) CONSIDERATION.— 

(1) IN GENERAL.—As consideration for the conveyance under 

subsection (a), the County shall provide the United States 

consideration, whether by cash payment, in-kind consideration 

as described under paragraph (2), or a combination thereof, 

in an amount that is not less than the fair market value 

of the conveyed real property, as determined by the Secretary. 

(2) IN-KIND CONSIDERATION.—In-kind consideration provided by the County under paragraph (1) may include the 

acquisition, construction, provision, improvement, maintenance, 

repair, or restoration (including environmental restoration), or 

combination thereof, of any facilities or infrastructure relating 

to the security of F.E. Warren Air Force Base, that the Secretary considers acceptable. 

(3) RELATION TO OTHER LAWS.—Sections 2662 and 2802 

of title 10, United States Code, shall not apply to any new 

facilities or infrastructure received by the United States as 

in-kind consideration under paragraph (2). 

(4) NOTICE TO CONGRESS.—The Secretary shall provide 

written notification to the congressional defense committees 

of the types and value of consideration provided the United 

States under paragraph (1). 

(5) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any 

cash payment received by the United States under paragraph 

(1) shall be deposited in the special account described in section 

2667(e) of title 10, United States Code, and shall be available 

in accordance with paragraph (5)(B)(ii) of such subsection. 

(c) REVERSIONARY INTEREST.— 

(1) IN GENERAL.—If the Secretary determines at any time 

that the County is not using the property conveyed under 

subsection (a) in accordance with the purpose of the conveyance 

specified in such subsection, all right, title, and interest in 

and to the property, including any improvements thereon, shall 

revert, at the option of the Secretary, to the United States, 

and the United States shall have the right of immediate entry 

onto the property. Any determination of the Secretary under 

this subsection shall be made on the record after an opportunity 

for a hearing. 

(2) RELEASE OF REVERSIONARY INTEREST.—The Secretary 

shall release, without consideration, the reversionary interest 

retained by the United States under paragraph (1) if— 

(A) F.E. Warren Air Force Base, Cheyenne Wyoming, 

is no longer being used for Department of Defense activities; or 

Records. 

Determination. 


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123 STAT. 2696 PUBLIC LAW 111–84—OCT. 28, 2009 

(B) the Secretary determines that the reversionary 

interest is otherwise unnecessary to protect the interests 

of the United States. 

(d) PAYMENT OF COSTS OF CONVEYANCE.— (1) PAYMENT REQUIRED.—The Secretary shall require the 

County to cover costs to be incurred by the Secretary, or to 

reimburse the Secretary for costs incurred by the Secretary, 

to carry out the conveyance under subsection (a) and implement 

the receipt of in-kind consideration under paragraph (b), 

including survey costs, appraisal costs, costs related to environmental documentation, and other administrative costs related 

to the conveyance and receipt of in-kind consideration. If 

amounts are received from the County in advance of the Secretary incurring the actual costs, and the amount received 

exceeds the costs actually incurred by the Secretary under 

this section, the Secretary shall refund the excess amount to 

the County. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance and implementing the receipt of in-kind consideration. Amounts so credited shall be merged with amounts in such fund or account 

and shall be available for the same purposes, and subject to 

the same conditions and limitations, as amounts in such fund 

or account. 

(e) DESCRIPTION OF REAL PROPERTY.—The exact acreage and 

legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the 

Secretary. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

Subtitle F—Other Matters 

SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL MONUMENT 

TO HONOR UNITED STATES ARMED FORCES WORKING 

DOG TEAMS. 

Section 2877 of the National Defense Authorization Act for 

Fiscal Year 2008 (Public Law 110–181; 122 Stat. 563; 16 U.S.C. 

431 note) is amended by striking ‘‘National War Dogs Monument, 

Inc.,’’ both places it appears and inserting ‘‘John Burnam Monument 

Foundation, Inc.,’’. 

SEC. 2872. NATIONAL D–DAY MEMORIAL STUDY. 

(a) DEFINITIONS.—In this section: 

(1) AREA.—The term ‘‘Area’’ means in the National D– 

Day Memorial in Bedford, Virginia. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior, acting through the Director of the National 

Park Service. 

(b) STUDY.— (1) IN GENERAL.—The Secretary may conduct a study of 

the Area to evaluate the national significance of the Area 

Determination. 

Survey. 

Determination. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2697 

and suitability and feasibility of designating the Area as a 

unit of the National Park System. 

(2) CRITERIA.—In conducting the study authorized under 

paragraph (1), the Secretary shall use the criteria for the study 

of areas for potential inclusion in the National Park System 

in section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)). 

(3) CONTENTS.—The study authorized under paragraph (1) 

shall— 

(A) determine the suitability and feasibility of designating the Area as a unit of the National Park System; 

(B) include cost estimates for any necessary acquisition, 

development, operation, and maintenance of the Area; and 

(C) identify alternatives for the management, administration, and protection of the Area. 

(c) REPORT.—Section 8(c) of Public Law 91–383 (16 U.S.C. 

1a–5(c)) shall apply to the conduct of the study authorized under 

this section, except that the study shall be submitted to the Committee on Natural Resources of the House of Representatives and 

the Committee on Energy and Natural Resources of the Senate 

not later than 3 years after the date on which funds are first 

made available for the study. 

SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERATIVE SECURITY LOCATION IN PALANQUERO, COLOMBIA. 

(a) CONGRESSIONAL NOTIFICATION OF AGREEMENT.—None of the 

amounts authorized to be appropriated by this division or otherwise 

made available for military construction for fiscal year 2010 may 

be obligated to commence construction of a Cooperative Security 

Location at the German Olano Moreno Airbase (the Palanquero 

AB Development Project) in Palanquero, Colombia, until at least 

15 days after the date on which the Secretary of Defense certifies 

to the congressional defense committees that an agreement has 

been entered into with the Government of Colombia to allow access 

to and use of its facilities at the German Olano Moreno Airbase 

for the duration of the agreement to carry out mutually agreedupon activities. 

(b) PROHIBITION ON PERMANENT UNITED STATES MILITARY

INSTALLATION.—The agreement referred to in subsection (a) may 

not provide for or authorize the establishment of a United States 

military installation or base for the permanent stationing of United 

States Armed Forces in Colombia. 

SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS 

MOUNTAIN WARFARE TRAINING CENTER. 

Section 1806 of the Omnibus Public Land Management Act 

of 2009 (Public Law 111–11; 123 Stat. 1059; 16 U.S.C. 460vvv) 

is amended by adding at the end the following new subsection: 

‘‘(g) MILITARY ACTIVITIES AT UNITED STATES MARINE CORPS

MOUNTAIN WARFARE TRAINING CENTER.—The designation of the 

Bridgeport Winter Recreation Area by this section is not intended 

to restrict or preclude the activities conducted by the United States 

Armed Forces at the United States Marine Corps Mountain Warfare 

Training Center.’’. 

Time period. 

Certification. 

Applicability. 


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123 STAT. 2698 PUBLIC LAW 111–84—OCT. 28, 2009 

TITLE XXIX—OVERSEAS CONTINGENCY 

OPERATIONS MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2901. Authorized Army construction and land acquisition projects. 

Sec. 2902. Authorized Air Force construction and land acquisition projects. 

Sec. 2903. Construction authorization for facilities for Office of Defense Representative-Pakistan. 

SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (b)(1), 

the Secretary of the Army may acquire real property and carry 

out military construction projects for the installations or locations 

outside the United States, and in the amounts, set forth in the 

following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Afghanistan ........... Airborne .......................................... $7,800,000 

Altimur ........................................... $7,750,000 

Asadabad ........................................ $5,500,000 

Bagram Air Base ........................... $132,850,000 

Camp Joyce .................................... $7,700,000 

Camp Kabul ................................... $137,000,000 

Camp Kandahar ............................. $132,500,000 

Camp Salerno ................................. $50,200,000 

Forward Operating Base Blessing $5,600,000 

Forward Operating Base Bostick $5,500,000 

Forward Operating Base Dwyer ... $19,300,000 

Forward Operating Base Ghazni .. $5,500,000 

Forward Operating Base Shank ... $19,700,000 

Forward Operating Base Sharana $60,800,000 

Frontenac ....................................... $2,200,000 

Jalalabad Airfield .......................... $41,400,000 

Maywand ........................................ $7,800,000 

Methar-Lam ................................... $4,150,000 

Provincial Reconstruction Team 

Gardez.

$36,200,000 

Provincial Reconstruction Team 

Tarin Kowt.

$55,800,000 

Tombstone/Bastion ........................ $71,800,000 

Wolverine ........................................ $17,050,000 

(b) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and 

military family housing functions of the Department of the Army 

in the total amount of $924,484,000 as follows: 

(1) For military construction projects outside the United States authorized by subsection (a), $834,100,000. 

(2) For unspecified minor military construction projects under section 2805 of title 10, United States Code, $20,100,000. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2699 

(3) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$70,284,000. 

SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in subsection (b)(1), 

the Secretary of the Air Force may acquire real property and 

carry out military construction projects for the installations or 

locations outside the United States, and in the amounts, set forth 

in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Afghanistan ........... Bagram Air Base ........................... $29,100,000 

Camp Kandahar ............................. $234,600,000 

Forward Operating Base Dwyer ... $4,900,000 

Forward Operating Base Shank ... $4,900,000 

Provincial Reconstruction Team 

Tarin Kowt.

$4,900,000 

Tombstone/Bastion ........................ $156,200,000 

Wolverine ........................................ $4,900,000 

(b) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal years beginning after September 30, 2009, for military construction, land acquisition, and 

military family housing functions of the Department of the Air 

Force in the total amount of $474,500,000, as follows: 

(1) For military construction projects outside the United 

States authorized by subsection (a), $439,500,000. 

(2) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$35,000,000. 

SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILITIES FOR 

OFFICE OF DEFENSE REPRESENTATIVE-PAKISTAN. 

(a) USE OF FUNDS AUTHORIZED.— 

(1) IN GENERAL.—Of the amounts authorized to be appropriated by this title, the Secretary of Defense may use not 

more than $10,000,000 to plan, design, and construct facilities 

on the United States Embassy Compound in Islamabad, Pakistan, in support of the Office of the Defense RepresentativePakistan (in this section referred to as the ‘‘ODRP’’). 

(2) NOTICE AND WAIT.—The Secretary may not obligate 

funds made available pursuant to paragraph (1) until the end 

of the 14-day period beginning on the date on which the Secretary submits to the appropriate congressional committees 

a report containing notice of the proposed obligation of the 

funds and addressing the items specified in subsection (b)(2). 

(b) ADDITIONAL REPORTING REQUIREMENTS.— 

(1) IN GENERAL.—Not later than 90 days after the submission of the notice under subsection (a)(2), and every 180 days 

Time period. 

Reports. 


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123 STAT. 2700 PUBLIC LAW 111–84—OCT. 28, 2009 

thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number of 

personnel and activities of the ODRP. 

(2) ELEMENTS.—The report under paragraph (1) shall 

include the following: 

(A) A detailed accounting of the number of personnel 

permanently assigned or on temporary duty in the ODRP. 

(B) A description of the mission of those personnel 

assigned on a temporary or permanent basis to the ODRP. 

(C) A projection of space requirements for the ODRP. 

(3) TERMINATION.—The requirement to submit a report 

under paragraph (1) terminates on the date occurring two years 

after the date on which the first report under such paragraph 

is submitted. 

(c) FORM.—A report under this section may be submitted in 

a classified form. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—For the purposes of this section, the appropriate congressional committees are 

the following: 

(1) The congressional defense committees. 

(2) The Committee on Foreign Affairs of the House of 

Representatives. 

(3) The Committee on Foreign Relations of the Senate. 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Energy security and assurance. 

Sec. 3106. Relation to funding tables. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Stockpile stewardship program. 

Sec. 3112. Report on stockpile stewardship criteria and assessment of stockpile 

stewardship program. Sec. 3113. Stockpile management program. 

Sec. 3114. Dual validation of annual weapons assessment and certification. 

Sec. 3115. Elimination of nuclear weapons life extension program from exception to 

requirement to request funds in budget of the President. Sec. 3116. Long-term plan for the modernization and refurbishment of the nuclear 

security complex. Sec. 3117. Repeal of prohibition on funding activities associated with international 

cooperative stockpile stewardship. Sec. 3118. Modification of minor construction threshold for plant projects. 

Sec. 3119. Two-year extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3120. National Nuclear Security Administration authority for urgent nonproliferation activities. Sec. 3121. Repeal of sunset date for consolidation of counterintelligence programs 

of Department of Energy and National Nuclear Security Administration. 

Subtitle C—Reports 

Sec. 3131. National Academy of Sciences review of national security laboratories. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2701 

Sec. 3132. Plan to ensure capability to monitor, analyze, and evaluate foreign nuclear weapons activities. 

Sec. 3133. Comptroller General study of stockpile stewardship program. 

Sec. 3134. Comptroller General of the United States review of projects carried out 

by the Office of Environmental Management of the Department of Energy pursuant to the American Recovery and Reinvestment Act of 2009. 

Subtitle D—Other Matters 

Sec. 3141. Ten-year plan for use and funding of certain Department of Energy facilities. 

Sec. 3142. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program. 

Sec. 3143. Identification in budget materials of amounts for certain Department of 

Energy pension obligations. 

Sec. 3144. Sense of Congress on production of molybdenum–99. 

Subtitle A—National Security Programs 

Authorizations 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated to the Department of Energy for 

fiscal year 2010 for the activities of the National Nuclear Security 

Administration in carrying out programs necessary for national 

security in the amount of $10,033,477,000, to be allocated as follows: 

(1) For weapons activities, $6,433,131,000. 

(2) For defense nuclear nonproliferation activities, 

$2,176,459,000. 

(3) For naval reactors, $1,003,133,000. 

(4) For the Office of the Administrator for Nuclear Security, 

$420,754,000. 

(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds 

referred to in subsection (a) that are available for carrying out 

plant projects, the Secretary of Energy may carry out new plant 

projects for the National Nuclear Security Administration as follows: 

(1) For readiness in technical base and facilities, the following new plant project: 

Project 10–D–501, nuclear facilities risk reduction, Y– 

12 National Security Complex, Oak Ridge, Tennessee, 

$12,500,000. 

(2) For safeguards and security, the following new plant 

project: 

Project 10–D–701, security improvement project, Y– 

12 National Security Complex, Oak Ridge, Tennessee, 

$49,000,000. 

(3) For naval reactors, the following new plant projects: 

Project 10–D–903, KAPL security upgrades, Schenectady, New York, $1,500,000. 

Project 10–D–904, Naval Reactors Facility infrastructure upgrades, Naval Reactors Facility, Idaho, $700,000. 

SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2010 for defense environmental 

cleanup activities in carrying out programs necessary for national 

security in the amount of $5,495,831,000. 


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123 STAT. 2702 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2010 for other defense activities 

in carrying out programs necessary for national security in the 

amount of $852,468,000. 

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2010 for defense nuclear waste 

disposal for payment to the Nuclear Waste Fund established in 

section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

10222(c)) in the amount of $98,400,000. 

SEC. 3105. ENERGY SECURITY AND ASSURANCE. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2010 for energy security and assurance programs necessary for national security in the amount of 

$6,188,000. 

SEC. 3106. RELATION TO FUNDING TABLES. 

The amounts authorized to be appropriated by sections 3101, 

3102, 3103, 3104, and 3105 shall be available, in accordance with 

the requirements of section 4001, for projects, programs, and activities, and in the amounts, specified in the funding table in section 

4601. 

Subtitle B—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM. 

(a) IN GENERAL.—Subsection (a) of section 4201 of the Atomic 

Energy Defense Act (division D of Public Law 107–314; 50 U.S.C. 

2521) is amended to read as follows: 

‘‘(a) ESTABLISHMENT.—The Secretary of Energy, acting through 

the Administrator for Nuclear Security, shall establish a stewardship program to ensure— 

‘‘(1) the preservation of the core intellectual and technical 

competencies of the United States in nuclear weapons, including 

weapons design, system integration, manufacturing, security, 

use control, reliability assessment, and certification; and 

‘‘(2) that the nuclear weapons stockpile is safe, secure, 

and reliable without the use of underground nuclear weapons 

testing.’’. 

(b) ELEMENTS.—Subsection (b) of such section is amended— 

(1) in paragraph (1), by striking ‘‘detonation’’ and inserting 

‘‘performance over time’’; and 

(2) by adding at the end the following new paragraphs: 

‘‘(4) Support for the use of, and experiments facilitated 

by, the advanced experimental facilities of the United States, 

including— 

‘‘(A) the National Ignition Facility at Lawrence Livermore National Laboratory; 

‘‘(B) the Dual Axis Radiographic Hydrodynamic Test 

Facility at Los Alamos National Laboratory; 

‘‘(C) the Z Machine at Sandia National Laboratories; 

and 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2703 

‘‘(D) the experimental facilities at the Nevada test site. 

‘‘(5) Support for the sustainment and modernization of 

facilities with production and manufacturing capabilities that 

are necessary to ensure the safety, security, and reliability 

of the nuclear weapons stockpile, including— 

‘‘(A) the Pantex Plant; 

‘‘(B) the Y–12 National Security Complex; 

‘‘(C) the Kansas City Plant; 

‘‘(D) the Savannah River Site; and 

‘‘(E) production and manufacturing capabilities resident in the national security laboratories (as defined in 

section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)).’’. 

(c) PRIOR AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR

1994.—Such section is further amended by striking subsection (c). 

SEC. 3112. REPORT ON STOCKPILE STEWARDSHIP CRITERIA AND 

ASSESSMENT OF STOCKPILE STEWARDSHIP PROGRAM. 

(a) IN GENERAL.—Subsection (c) of section 4202 of the Atomic 

Energy Defense Act (division D of Public Law 107–314; 50 U.S.C. 

2522) is amended to read as follows: 

‘‘(c) REPORT.—(1) In each odd-numbered year, beginning in 

2011, the Secretary of Energy shall include in the stockpile stewardship plan required by section 4203 a report containing the following 

elements: 

‘‘(A) A description of the information needed to determine 

that the nuclear weapons stockpile is safe and reliable and 

the relationship of the science-based tools to the collection 

of that information. 

‘‘(B) A description of any updates to the criteria established 

under subsection (a) during— 

‘‘(i) the previous two years; or 

‘‘(ii) with respect to the report in 2011, the period 

beginning on the date of the submission of the report 

under section 3133 of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

1751; 50 U.S.C. 2523 note) and ending on the date of 

the submission of the 2011 stockpile stewardship plan 

required by section 4203. 

‘‘(C) For each science-based tool to collect information 

needed to determine that the nuclear weapons stockpile is 

safe, secure, and reliable that is developed or modified by 

the Department of Energy during the relevant period described 

in subparagraph (B)— 

‘‘(i) a description of the relationship of the sciencebased tool to the collection of such information; and 

‘‘(ii) a description of criteria for assessing the effectiveness of the science-based tool in collecting such information. 

‘‘(D) An assessment described in paragraph (2). 

‘‘(2) An assessment described in this paragraph is an assessment of the stockpile stewardship program conducted by the 

Administrator for Nuclear Security in consultation with the directors of the national security laboratories. Such assessment shall 

set forth the following: 

‘‘(A) An identification and description of— 

‘‘(i) any key technical challenges to the stockpile 

stewardship program; and 

Time period. 


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123 STAT. 2704 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(ii) the strategies to address such challenges without 

the use of nuclear testing. 

‘‘(B) A strategy for using the science-based tools (including 

advanced simulation and computing capabilities) of each 

national security laboratory to ensure that the nuclear weapons 

stockpile is safe, secure, and reliable without the use of nuclear 

testing. 

‘‘(C) An assessment of the science-based tools (including 

advanced simulation and computing capabilities) of each 

national security laboratory that exist at the time of the assessment compared with the science-based tools expected to exist 

during the period covered by the future-years nuclear security 

program. 

‘‘(D) An assessment of the core scientific and technical 

competencies required to achieve the objectives of the stockpile 

stewardship program and other weapons activities and 

weapons-related activities of the Department of Energy, 

including— 

‘‘(i) the number of scientists, engineers, and technicians, by discipline, required to maintain such competencies; and 

‘‘(ii) a description of any shortage of such individuals 

that exists at the time of the assessment compared with 

any shortage expected to exist during the period covered 

by the future-years nuclear security program.’’. 

(b) DEFINITIONS.—Such section is further amended by adding 

at the end the following subsection: 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘future-years nuclear security program’ 

means the program required by section 3253 of the National 

Nuclear Security Administration Act (50 U.S.C. 2453). 

‘‘(2) The term ‘national security laboratory’ has the meaning 

given such term in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471). 

‘‘(3) The term ‘weapons activities’ means each activity 

within the budget category of weapons activities in the budget 

of the National Nuclear Security Administration. 

‘‘(4) The term ‘weapons–related activities’ means each 

activity under the Department of Energy that involves nuclear 

weapons, nuclear weapons technology, or fissile or radioactive 

materials, including activities related to— 

‘‘(A) nuclear nonproliferation; 

‘‘(B) nuclear forensics; 

‘‘(C) nuclear intelligence; 

‘‘(D) nuclear safety; and 

‘‘(E) nuclear incident response.’’. 

SEC. 3113. STOCKPILE MANAGEMENT PROGRAM. 

(a) IN GENERAL.—The Atomic Energy Defense Act (division 

D of Public Law 107–314; 50 U.S.C. 2501 et seq.) is amended— 

(1) by repealing section 4204A (50 U.S.C. 2524a); and 

(2) by amending section 4204 (50 U.S.C. 2524) to read 

as follows: 

‘‘SEC. 4204. STOCKPILE MANAGEMENT PROGRAM. 

‘‘(a) PROGRAM REQUIRED.—The Secretary of Energy, acting 

through the Administrator for Nuclear Security and in consultation 

with the Secretary of Defense, shall carry out a program, in support 

Repeal. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2705 

of the stockpile stewardship program, to provide for the effective 

management of the weapons in the nuclear weapons stockpile, 

including the extension of the effective life of such weapons. The 

program shall have the following objectives: 

‘‘(1) To increase the reliability, safety, and security of the 

nuclear weapons stockpile of the United States. 

‘‘(2) To further reduce the likelihood of the resumption 

of underground nuclear weapons testing. 

‘‘(3) To achieve reductions in the future size of the nuclear 

weapons stockpile. 

‘‘(4) To reduce the risk of an accidental detonation of an 

element of the stockpile. 

‘‘(5) To reduce the risk of an element of the stockpile 

being used by a person or entity hostile to the United States, 

its vital interests, or its allies. 

‘‘(b) PROGRAM LIMITATIONS.—In carrying out the stockpile 

management program under subsection (a), the Secretary of Energy 

shall ensure that— 

‘‘(1) any changes made to the stockpile shall be made 

to achieve the objectives identified in subsection (a); and 

‘‘(2) any such changes made to the stockpile shall— 

‘‘(A) remain consistent with basic design parameters 

by including, to the maximum extent feasible, components 

that are well understood or are certifiable without the 

need to resume underground nuclear weapons testing; and 

‘‘(B) use the design, certification, and production expertise resident in the nuclear complex to fulfill current mission requirements of the existing stockpile. 

‘‘(c) PROGRAM PLAN.—In carrying out the stockpile management 

program under subsection (a), the Secretary of Energy shall develop 

a long-term plan to extend the effective life of the weapons in 

the nuclear weapons stockpile without the use of nuclear weapons 

testing. The plan shall include the following: 

‘‘(1) Mechanisms to provide for the manufacture, maintenance, and modernization of each weapon design in the nuclear 

stockpile, as needed. 

‘‘(2) Mechanisms to expedite the collection of information 

necessary for carrying out the program, including information 

relating to the aging of materials and components, new manufacturing techniques, and the replacement or substitution of 

materials. 

‘‘(3) Mechanisms to ensure the appropriate assignment of 

roles and missions for each nuclear weapons laboratory and 

production plant of the Department of Energy, including mechanisms for allocation of workload, mechanisms to ensure the 

carrying out of appropriate modernization activities, and 

mechanisms to ensure the retention of skilled personnel. 

‘‘(4) Mechanisms to ensure that each national laboratory 

of the National Nuclear Security Administration has full and 

complete access to all weapons data to enable a rigorous peer 

review process to support the annual assessment of the condition of the nuclear weapons stockpile required under section 

4205. 

‘‘(5) Mechanisms for allocating funds for activities under 

the program, including allocations of funds by weapon type 

and facility. 


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‘‘(6) An identification of the funds needed, in the fiscal 

year in which the plan is developed and in each of the following 

five fiscal years, to carry out the program. 

‘‘(d) ANNUAL UPDATES.—The Secretary of Energy shall annually 

update the plan required under subsection (c) and shall submit 

the updated plan to Congress as part of the stockpile stewardship 

plan required by section 4203(c). 

‘‘(e) PROGRAM BUDGET.—In accordance with the requirements 

under section 4209, for each budget submitted by the President 

to Congress under section 1105 of title 31, United States Code, 

the amounts requested for the program under this section shall 

be clearly identified in the budget justification materials submitted 

to Congress in support of that budget.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

4001(b) of such Act (division D of Public Law 107–314) is amended 

by striking the items relating to sections 4204 and 4204A and 

inserting the following new item: 

‘‘Sec. 4204. Stockpile management program.’’. 

SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS ASSESSMENT AND 

CERTIFICATION. 

(a) DUAL VALIDATION.— 

(1) PLAN.—Not later than March 1, 2010, the Administrator 

for Nuclear Security shall submit to the congressional defense 

committees a plan (including a schedule) to carry out subsection 

(c) of section 4205 of the Atomic Energy Defense Act (division 

D of Public Law 107–314; 50 U.S.C. 2525), as added by paragraph (2) of this subsection. 

(2) DUAL VALIDATION.—Section 4205 of the Atomic Energy 

Defense Act (division D of Public Law 107–314; 50 U.S.C. 

2525) is amended— 

(A) by redesignating subsections (c) through (h) as 

subsections (d) through (i), respectively; and 

(B) by inserting after subsection (b) the following new 

subsection (c): 

‘‘(c) DUAL VALIDATION TEAMS IN SUPPORT OF ASSESSMENTS.— 

In support of the assessments required by subsection (a), the 

Administrator for Nuclear Security may establish teams, known 

as ‘dual validation teams’, to provide each national security laboratory responsible for weapons design with independent evaluations 

of the condition of each warhead for which such laboratory has 

lead responsibility. A dual validation team established by the 

Administrator shall— 

‘‘(1) be comprised of weapons experts from the laboratory 

that does not have lead responsibility for fielding the warhead 

being evaluated; 

‘‘(2) have access to all surveillance and underground test 

data for all stockpile systems for use in the independent evaluations; 

‘‘(3) use all relevant available data to conduct independent 

calculations; and 

‘‘(4) pursue independent experiments to support the independent evaluations.’’. 

(b) RED TEAM REVIEWS.—Subsection (d)(1) of such section, as 

redesignated by subsection (a)(2)(A) of this section, is amended— 

(1) by inserting ‘‘both’’ after ‘‘review’’; and 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2707 

(2) by inserting after ‘‘that laboratory’’ the following: ‘‘and 

any independent evaluations conducted by a dual validation 

team under subsection (c)’’. 

(c) SUMMARY.—Subsection (e)(3) of such section, as redesignated 

by subsection (a)(2)(A) of this section, is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ at the end; 

(2) in subparagraph (C), by striking the period and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(D) a concise summary of the results of any independent evaluation conducted by a dual validation team 

under subsection (c).’’. 

(d) CONFORMING AMENDMENTS.—Such section is further 

amended— 

(1) in paragraph (3)(C) of subsection (e), as redesignated 

by subsection (a)(2)(A) of this section, by striking ‘‘subsection 

(c)’’ and inserting ‘‘subsection (d)’’; 

(2) in paragraph (1)(A) of subsection (f), as redesignated 

by subsection (a)(2)(A) of this section, by striking ‘‘subsection 

(d)’’ and inserting ‘‘subsection (e)’’; 

(3) in subsection (g), as redesignated by subsection (a)(2)(A) 

of this section, by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’; and 

(4) in subsection (i), as redesignated by subsection (a)(2)(A) 

of this section— 

(A) in paragraph (1), by striking ‘‘subsection (d)’’ and 

inserting ‘‘subsection (e)’’; and 

(B) in paragraph (2), by striking ‘‘subsection (e)’’ and 

inserting ‘‘subsection (f)’’. 

SEC. 3115. ELIMINATION OF NUCLEAR WEAPONS LIFE EXTENSION PROGRAM FROM EXCEPTION TO REQUIREMENT TO REQUEST 

FUNDS IN BUDGET OF THE PRESIDENT. 

Section 4209 of the Atomic Energy Defense Act (50 U.S.C. 

2529) is amended— 

(1) in subsection (c), by striking ‘‘necessary—’’ and all that 

follows through the period and inserting ‘‘necessary to address 

proliferation concerns.’’; and 

(2) in subsection (d)— 

(A) by striking paragraph (1); and 

(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. 

SEC. 3116. LONG-TERM PLAN FOR THE MODERNIZATION AND 

REFURBISHMENT OF THE NUCLEAR SECURITY COMPLEX. 

(a) IN GENERAL.—Subtitle D of the National Nuclear Security 

Administration Act (50 U.S.C. 2451 et seq.) is amended by adding 

at the end the following new section: 

‘‘SEC. 3255. BIENNIAL PLAN AND BUDGET ASSESSMENT ON THE MODERNIZATION AND REFURBISHMENT OF THE NUCLEAR 

SECURITY COMPLEX. 

‘‘(a) NUCLEAR SECURITY COMPLEX MODERNIZATION AND

REFURBISHMENT PLAN AND ASSESSMENT.—The Administrator for 

Nuclear Security shall include with the nuclear security budget 

materials submitted for each odd-numbered fiscal year— 

50 USC 2455. 


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123 STAT. 2708 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(1) the plan for the modernization and refurbishment of 

the nuclear security complex described under subsection (b); 

and 

‘‘(2) an assessment by the Administrator of whether both 

the budget for such fiscal year and the future-years nuclear 

security program submitted to Congress in relation to such 

budget under section 3253 provide for funding of the nuclear 

security complex at a level that is sufficient for the modernization and refurbishment of the nuclear security complex in 

accordance with the plan described under subsection (b). 

‘‘(b) PLAN ELEMENTS.—(1) The plan required under subsection 

(a)(1) shall be designed so that the nuclear security complex is 

capable of supporting— 

‘‘(A) the national security strategy of the United States, 

as set forth in the most recent national security strategy report 

of the President under section 108 of the National Security 

Act of 1947 (50 U.S.C. 404a), except that, if at the time such 

plan is submitted with the nuclear security budget materials 

a national security strategy report required under such section 

108 has not been submitted to Congress, then such plan shall 

be designed so that the modernization and refurbishment of 

the nuclear security complex provided for under such plan 

is capable of supporting the nuclear security complex recommended in the report of the most recent Quadrennial Defense 

Review; and 

‘‘(B) the nuclear posture of the United States as set forth 

in the most recent Nuclear Posture Review. 

‘‘(2) The plan required under subsection (a)(1) shall include 

the following: 

‘‘(A) A description of the modernization and refurbishment 

measures the Administrator determines necessary to meet the 

requirements of the national security strategy of the United 

States or the most recent Quadrennial Defense Review, whichever is applicable under paragraph (1)(A), and the Nuclear 

Posture Review. 

‘‘(B) A schedule for implementing those measures determined necessary under subparagraph (A) during the 10 years 

following the date of the plan. 

‘‘(C) The estimated levels of annual funds the Administrator 

determines necessary to carry out the program, including a 

discussion of the criteria, evidence, and strategies on which 

such estimated levels of annual funds are based. 

‘‘(c) BUDGET ASSESSMENT.—If the Administrator determines a 

budget request is insufficient for the modernization and refurbishment of the nuclear security complex provided for in the plan 

required under subsection (a)(1), the Administrator shall include 

with the nuclear security budget materials for such fiscal year 

a further assessment that describes and discusses the risks and 

implications associated with the ability of the nuclear security 

complex to support the annual certification of the nuclear stockpile 

of the United States and maintain its long-term safety, security, 

and reliability. Such assessment shall be coordinated in advance 

with the Secretary of Defense and the Commander of the United 

States Strategic Command. 

‘‘(d) DEFINITIONS.—In this section: 

‘‘(1) The term ‘nuclear security complex’ means the physical 

facilities, technology, and human capital of— 


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‘‘(A) the national security laboratories; 

‘‘(B) the Pantex Plant; 

‘‘(C) the Y–12 National Security Complex; 

‘‘(D) the Kansas City Plant; 

‘‘(E) the Savannah River Site; and 

‘‘(F) the Nevada test site. 

‘‘(2) The term ‘budget’, with respect to a fiscal year, means 

the budget for that fiscal year that is submitted to Congress 

by the President under section 1105(a) of title 31, United States 

Code. 

‘‘(3) The term ‘nuclear security budget materials’, with 

respect to a fiscal year, means the materials submitted to 

Congress by the Administrator for Nuclear Security in support 

of the budget for that fiscal year. 

‘‘(4) The term ‘Quadrennial Defense Review’ means the 

review of the defense programs and policies of the United 

States that is carried out every four years under section 118 

of title 10, United States Code.’’. 

(b) CLERICAL AMENDMENT.—The table of contents at the beginning of the National Nuclear Security Administration Act is 

amended by inserting after the item relating to section 3254 the 

following new item: 

‘‘3255. Biennial plan and budget assessment on the modernization and refurbishment of the nuclear security complex.’’. 

SEC. 3117. REPEAL OF PROHIBITION ON FUNDING ACTIVITIES ASSOCIATED WITH INTERNATIONAL COOPERATIVE STOCKPILE 

STEWARDSHIP. 

(a) IN GENERAL.—Section 4301 of the Atomic Energy Defense 

Act (50 U.S.C. 2561) is repealed. 

(b) CLERICAL AMENDMENT.—The table of contents for that Act 

is amended by striking the item relating to section 4301. 

SEC. 3118. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR 

PLANT PROJECTS. 

(a) INCREASE.—Paragraph (3) of section 4701 of the Atomic 

Energy Defense Act (50 U.S.C. 2741(3)) is amended by striking 

‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. 

(b) SUNSET.—Effective September 30, 2010, such paragraph, 

as amended by subsection (a), is amended by striking ‘‘$10,000,000’’ 

and inserting ‘‘$5,000,000’’. 

(c) NOTIFICATION.—Notwithstanding section 4703 of such Act 

(50 U.S.C. 2743), in carrying out construction projects during fiscal 

year 2010, the Secretary of Energy may not start a general plant 

project with a total estimated cost of more than $5,000,000 until— 

(1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and 

(2) a period of 15 days has elapsed after the date on 

which such notification is received. 

SEC. 3119. TWO-YEAR EXTENSION OF AUTHORITY FOR APPOINTMENT 

OF CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL 

PERSONNEL. 

Section 4601(c)(1) of the Atomic Energy Defense Act (50 U.S.C. 

2701(c)(1)) is amended by striking ‘‘September 30, 2009’’ and 

inserting ‘‘September 30, 2011’’. 

Time period. 

50 USC 2741 and 

note. 


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123 STAT. 2710 PUBLIC LAW 111–84—OCT. 28, 2009 

SEC. 3120. NATIONAL NUCLEAR SECURITY ADMINISTRATION 

AUTHORITY FOR URGENT NONPROLIFERATION ACTIVITIES. 

(a) IN GENERAL.—Subject to the notification requirement under 

subsection (b), not more than 10 percent of the total amounts 

appropriated or otherwise made available in any fiscal year for 

the nonproliferation programs of the Department of Energy 

National Nuclear Security Administration may be expended, notwithstanding any other law, for activities described under subsection (b)(1)(B). 

(b) DETERMINATION AND NOTICE.— 

(1) DETERMINATION.—The Secretary of Energy, with the 

concurrence of the Secretary of State and the Secretary of 

Defense, may make a written determination that— 

(A) threats arising from the proliferation of nuclear 

or radiological weapons or weapons-related materials, technologies, and expertise must be addressed urgently; 

(B) certain provisions of law would unnecessarily 

impede the Secretary’s ability to carry out nonproliferation 

activities of the National Nuclear Security Administration 

to address such threats; and 

(C) it is necessary to expend amounts described in 

subsection (a) to carry out such activities. 

(2) NOTICE REQUIRED.—Not later than 15 days before obligating or expending funds under the authority provided in 

subsection (a), the Secretary of Energy shall notify the appropriate congressional committees of the determination made 

under paragraph (1). The notice shall include— 

(A) the determination; 

(B) the activities to be undertaken by the nonproliferation programs of the National Nuclear Security Administration; 

(C) the expected time frame for such activities; and 

(D) the expected costs of such activities. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Foreign Affairs, the Committee on 

Armed Services, and the Committee on Appropriations of the 

House of Representatives; and 

(2) the Committee on Foreign Relations, the Committee 

on Armed Services, and the Committee on Appropriations of 

the Senate. 

SEC. 3121. REPEAL OF SUNSET DATE FOR CONSOLIDATION OF 

COUNTERINTELLIGENCE PROGRAMS OF DEPARTMENT 

OF ENERGY AND NATIONAL NUCLEAR SECURITY 

ADMINISTRATION. 

Subsection (a) of section 3117 of the John Warner National 

Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 

364; 120 Stat. 2507; 42 U.S.C. 7144b note) is amended to read 

as follows: 

‘‘(a) TRANSFER OF FUNCTIONS.—The functions, personnel, funds, 

assets, and other resources of the Office of Defense Nuclear Counterintelligence of the National Nuclear Security Administration are 

transferred to the Secretary of Energy, to be administered (except 

to any extent otherwise directed by the Secretary) by the Director 

of the Office of Counterintelligence of the Department of Energy.’’. 

Government 

organization. 

Definition. 

Deadline. 

50 USC 2455a. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2711 

Subtitle C—Reports 

SEC. 3131. NATIONAL ACADEMY OF SCIENCES REVIEW OF NATIONAL 

SECURITY LABORATORIES. 

(a) IN GENERAL.—Not later than 60 days after the date of 

the enactment of this Act, the Secretary of Energy shall enter 

into an agreement with the National Academy of Sciences to conduct 

a study of the following laboratories: 

(1) The Lawrence Livermore National Laboratory, California. 

(2) The Los Alamos National Laboratory, New Mexico. 

(3) The Sandia National Laboratories, California and New 

Mexico. 

(b) ELEMENTS.—The study required under subsection (a) shall 

include, with respect to each laboratory specified in such subsection, 

an evaluation of the following: 

(1) The quality of the scientific research being conducted 

at the laboratory, including research with respect to weapons 

science, nonproliferation, energy, and basic science. 

(2) The quality of the engineering being conducted at the 

laboratory. 

(3) The criteria used to assess the quality of scientific 

research and engineering being conducted at the laboratory. 

(4) The relationship between the quality of the science 

and engineering at the laboratory and the contract for managing and operating the laboratory. 

(5) The management of work conducted by the laboratory 

for entities other than the Department of Energy, including 

academic institutions and other Federal agencies, and interactions between the laboratory and such entities. 

(c) COOPERATION.—The Secretary of Energy shall, in consultation with the Secretary of Defense and the Director of National 

Intelligence, ensure that the National Academy of Sciences receives 

full and timely cooperation from the Department of Energy, the 

Department of Defense, and the intelligence community (as that 

term is defined in section 3(4) of the National Security Act of 

1947 (50 U.S.C. 401a(4))) in conducting the study required under 

subsection (a). 

(d) REPORT.—The National Academy of Sciences shall submit 

to the Secretary of Energy a report containing the results of the 

study and any recommendations resulting from the study. 

(e) SUBMITTAL TO CONGRESS.— 

(1) IN GENERAL.—Not later than January 1, 2011, the Secretary of Energy shall submit to the appropriate congressional 

committees the report submitted under subsection (d) and any 

comments or recommendations of the Secretary with respect 

to that report. 

(2) FORM.—The report shall be submitted to the appropriate 

congressional committees in unclassified form, but may include 

a classified annex. 

(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The Committee on Armed Services, the Committee on 

Energy and Commerce, and the Committee on Science and 

Technology of the House of Representatives. 

Consultation. 

Contracts. 

Study. 


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123 STAT. 2712 PUBLIC LAW 111–84—OCT. 28, 2009 

(2) The Committee on Armed Services and the Committee 

on Energy and Natural Resources of the Senate. 

SEC. 3132. PLAN TO ENSURE CAPABILITY TO MONITOR, ANALYZE, AND 

EVALUATE FOREIGN NUCLEAR WEAPONS ACTIVITIES. 

(a) PLAN.—The Secretary of Energy, in consultation with the 

Director of National Intelligence and the Secretary of Defense, 

shall prepare a plan to ensure that the national laboratories overseen by the Department of Energy maintain a robust technical 

capability to monitor, analyze, and evaluate foreign nuclear 

weapons activities. 

(b) REPORT.—Not later than February 28, 2010, the Secretary 

of Energy shall submit to the appropriate congressional committees 

a report describing the plan required under subsection (a) and 

the resources necessary to implement the plan. The report shall 

be in unclassified form, but may include a classified annex. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, 

the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Select Committee on Intelligence of 

the Senate. 

SEC. 3133. COMPTROLLER GENERAL STUDY OF STOCKPILE STEWARDSHIP PROGRAM. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a study of the stockpile stewardship program established under section 4201 of the Atomic Energy Defense Act (50 

U.S.C. 2521) to determine if the program was functioning, as of 

December 2008, as envisioned when the program was established. 

(b) ELEMENTS.—The study required by subsection (a) shall 

include the following: 

(1) An assessment of whether the capabilities determined 

to be necessary to maintain the nuclear weapons stockpile 

without the use of nuclear testing have been implemented 

and the extent to which such capabilities are functioning. 

(2) A review and description of the agreements governing 

use, management, and support of the capabilities developed 

for the stockpile stewardship program and an assessment of 

enforcement of, and compliance with, those agreements. 

(3) An assessment of plans for surveillance and testing 

of nuclear weapons in the stockpile and the extent of the 

compliance with such plans. 

(4) An assessment of— 

(A) the condition of the infrastructure at the plants 

and laboratories of the nuclear weapons complex; 

(B) the value of nuclear weapons facilities built after 

1992; 

(C) any plans that are in place to maintain, improve, 

or replace such infrastructure; 

(D) whether there is a validated requirement for all 

planned infrastructure replacement projects; and 

(E) the projected costs for each such project and the 

time line for completion of each such project. 

Definition. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2713 

(5) An assessment of the efforts to ensure and maintain 

the intellectual and technical capability of the nuclear weapons 

complex to support the nuclear weapons stockpile. 

(6) Recommendations for the stockpile stewardship program going forward. 

(c) REPORT.—Not later than 270 days after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the congressional defense committees a report containing the results 

of the study required by subsection (a). 

SEC. 3134. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW 

OF PROJECTS CARRIED OUT BY THE OFFICE OF ENVIRONMENTAL MANAGEMENT OF THE DEPARTMENT OF 

ENERGY PURSUANT TO THE AMERICAN RECOVERY AND 

REINVESTMENT ACT OF 2009. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a series of three reviews, as described in subsections 

(b), (c), and (d), of projects carried out by the Office of Environmental 

Management of the Department of Energy (in this section referred 

to as the ‘‘Office’’) using American Recovery and Reinvestment 

Act funds. 

(b) PHASE ONE REVIEW.— 

(1) IN GENERAL.—Beginning on the date of the enactment 

of this Act, the Comptroller General shall conduct a review 

of the following: 

(A) The criteria used by the Office to select projects 

to be carried out using American Recovery and Reinvestment Act funds. 

(B) The extent to which lessons learned during previous 

accelerations of defense environmental cleanup efforts were 

used in the development of such criteria. 

(C) The process used by the Office to estimate costs 

and develop schedules for such projects. 

(D) The process used by the Office for the independent 

validation of the scope, cost, and schedule for such projects. 

(E) The criteria and methodology used by the Office 

to measure the contribution of each such project toward 

reducing the overall costs, and meeting the goals, of defense 

environmental cleanup. 

(2) REPORT.—Not later than 30 days after the date of 

the enactment of this Act, the Comptroller General shall submit 

to the congressional defense committees a report containing 

the results of the review conducted under paragraph (1). 

(c) PHASE TWO REVIEW.— 

(1) IN GENERAL.—The Comptroller General shall conduct 

a review, during the period described in paragraph (2), of 

the following: 

(A) The implementation of each project carried out 

using American Recovery and Reinvestment Act funds. 

(B) The extent to which each such project is meeting 

the cost and scheduling goals of the project. 

(C) The number of jobs created or maintained through 

such projects. 

(D) The adequacy of contract oversight for such 

projects. 

(E) Any program management, implementation or technical problems, or other problems in connection with such 

Effective date. 


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123 STAT. 2714 PUBLIC LAW 111–84—OCT. 28, 2009 

projects that are identified by the Comptroller General 

in the course of the review. 

(F) Any management and implementation issues or 

actions, or other systemic issues, identified by the Comptroller General in the course of the review that either 

hinder or assist the effective management of defense 

environmental cleanup efforts. 

(2) PERIOD DESCRIBED.—The period described in this paragraph is the period— 

(A) beginning on the date on which the Comptroller 

General submits the report required under subsection 

(b)(2); and 

(B) ending on the later of— 

(i) the date on which all projects carried out using 

American Recovery and Reinvestment Act funds have 

been completed; or 

(ii) the date on which all American Recovery and 

Reinvestment Act funds have been obligated or 

expended or are no longer available to be obligated 

or expended. 

(3) REPORTS.—The Comptroller General shall submit to 

the congressional defense committees a report on the status 

of the review conducted under paragraph (1) not later than 

30 days after submitting the report required under subsection 

(b)(2) and every 120 days thereafter until the end of the period 

described in paragraph (2). 

(d) PHASE THREE REVIEW.— 

(1) IN GENERAL.—Beginning on the date on which the 

Comptroller General submits the last report required under 

subsection (c)(3), the Comptroller General shall conduct a 

review of the following: 

(A) The implementation of all projects carried out using 

American Recovery and Reinvestment Act funds, including 

the number of such projects— 

(i) that were completed; 

(ii) that were not completed; 

(iii) that were completed on budget; 

(iv) that exceeded the budget for such project; 

(v) that were completed on schedule; and 

(vi) that exceeded the scheduling goals for such 

project. 

(B) The impact on employment as a result of the 

completion of such projects. 

(C) Any lessons learned as a result of accelerating 

such projects. 

(D) The extent to which the achievement of the overall 

goals of defense environmental cleanup were accelerated, 

and the overall costs of defense environmental cleanup 

were reduced, as a result of such projects. 

(E) Any other issues the Comptroller General considers 

appropriate with respect to such projects. 

(2) REPORT.—Not later than 90 days after submitting the 

last report required under subsection (c)(3), the Comptroller 

General shall submit to the congressional defense committees 

a report containing the results of the review conducted under 

paragraph (1). 

Effective date. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2715 

(e) AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS

DEFINED.—In this section, the term ‘‘American Recovery and 

Reinvestment Act funds’’ means funds made available for the Office 

of Environmental Management under the heading ‘‘DEFENSE

ENVIRONMENTAL CLEANUP’’ under the heading ‘‘ENVIRONMENTAL 

AND OTHER DEFENSE ACTIVITIES’’ under the heading 

‘‘DEPARTMENT OF ENERGY’’ under title IV of division A of 

the American Recovery and Reinvestment Act of 2009 (Public Law 

111–5; 123 Stat. 140). 

Subtitle D—Other Matters 

SEC. 3141. TEN-YEAR PLAN FOR USE AND FUNDING OF CERTAIN 

DEPARTMENT OF ENERGY FACILITIES. 

(a) IN GENERAL.—The Administrator for Nuclear Security and 

the Under Secretary for Science of the Department of Energy shall 

jointly develop a plan to use and fund, over a ten-year period, 

the following facilities of the Department of Energy: 

(1) The National Ignition Facility at the Lawrence Livermore National Laboratory, California. 

(2) The Los Alamos Neutron Science Center at the Los 

Alamos National Laboratory, New Mexico. 

(3) The Z Machine at the Sandia National Laboratories, 

New Mexico. 

(4) The Microsystems and Engineering Sciences Application 

Facility at the Sandia National Laboratories, New Mexico. 

(b) SUBMITTAL OF PLAN.—Not later than 45 days after the 

date of the enactment of this Act, the Administrator for Nuclear 

Security and the Under Secretary for Science of the Department 

of Energy shall submit to the appropriate congressional committees 

the plan required by subsection (a). 

(c) REQUIREMENT TO SPECIFY SOURCE OF FACILITY FUNDING

IN BUDGET REQUESTS.—In any budget request for the Department 

of Energy for a fiscal year that is submitted to Congress after 

the date of the enactment of this Act, the Secretary of Energy 

shall identify for that fiscal year the portion of the funding for 

each facility specified in subsection (a) that is to be provided by 

the National Nuclear Security Administration and by the Office 

of Science of the Department of Energy. 

(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Science and Technology 

of the House of Representatives; and 

(2) the Committee on Armed Services, the Committee on 

Appropriations, and the Committee on Energy and Natural 

Resources of the Senate. 

SEC. 3142. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY 

EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 

PROGRAM. 

(a) IN GENERAL.—Section 3686 of the Energy Employees 

Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 

7385s–15) is amended— 

Deadline. 

50 USC 2451 

note. 


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123 STAT. 2716 PUBLIC LAW 111–84—OCT. 28, 2009 

(1) in subsection (c), by inserting ‘‘and subtitle B’’ after 

‘‘this subtitle’’ each place it appears; 

(2) in subsection (d), by inserting ‘‘and subtitle B’’ after 

‘‘this subtitle’’; 

(3) in subsection (e), by inserting ‘‘and subtitle B’’ after 

‘‘this subtitle’’ each place it appears; 

(4) by redesignating subsection (g) as subsection (h); and 

(5) by inserting after subsection (f) the following new subsection: 

‘‘(g) NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

HEALTH OMBUDSMAN.—In carrying out the duties of the Ombudsman under this section, the Ombudsman shall work with the individual employed by the National Institute for Occupational Safety 

and Health to serve as an ombudsman to individuals making claims 

under subtitle B.’’. 

(b) CONSTRUCTION.—Except as specifically provided in subsection (g) of section 3686 of the Energy Employees Occupational 

Illness Compensation Program Act of 2000, as amended by subsection (a) of this section, nothing in the amendments made by 

such subsection (a) shall be construed to alter or affect the duties 

and functions of the individual employed by the National Institute 

for Occupational Safety and Health to serve as an ombudsman 

to individuals making claims under subtitle B of the Energy 

Employees Occupational Illness Compensation Program Act of 2000 

(42 U.S.C. 7384l et seq.). 

SEC. 3143. IDENTIFICATION IN BUDGET MATERIALS OF AMOUNTS FOR 

CERTAIN DEPARTMENT OF ENERGY PENSION OBLIGATIONS. 

The Secretary of Energy shall include in the budget justification 

materials submitted to Congress in support of the Department 

of Energy budget for a fiscal year (as submitted with the budget 

of the President under section 1105(a) of title 31, United States 

Code) specific identification, as a budgetary line item, of the 

amounts required to meet the pension obligations of the Department 

of Energy for contractor employees at each facility of the Department of Energy operated using amounts authorized to be appropriated for the Department of Energy. 

SEC. 3144. SENSE OF CONGRESS ON PRODUCTION OF MOLYBDENUM– 

99. 

(a) FINDINGS.—Congress finds the following: 

(1) There are fewer than five reactors around the world 

currently capable of producing molybdenum–99 (in this section 

referred to as ‘‘Mo–99’’) and there are no such reactors in 

the United States that can provide a reliable supply of Mo– 

99 to meet medical needs. 

(2) Since November 2007, there have been major disruptions in the global availability of Mo–99, including at facilities 

in Canada and the Netherlands, which have led to shortages 

of Mo–99-based medical products in the United States and 

around the world. 

(3) Ensuring a reliable supply of medical radioisotopes, 

including Mo–99, is of great importance to the public health. 

(4) It is also a national security priority of the United 

States, and specifically of the Department of Energy, to encourage the production of low-enriched uranium-based radioisotopes 

in order to promote a more peaceful international nuclear order. 

42 USC 7279. 

42 USC 7385s-15 

note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2717 

(5) The National Academy of Sciences has identified a 

need to establish a reliable capability in the United States 

for the production of Mo–99 and its derivatives for medical 

purposes using low-enriched uranium. 

(6) There also exists a capable industrial base in the United 

States that can support the development of Mo–99 production 

facilities and can conduct the processing and distribution of 

radiopharmaceutical products for use in medical tests worldwide. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) radioisotopes and radiopharmaceuticals, including Mo– 

99 and its derivatives, are essential components of medical 

tests that help diagnose and treat life-threatening diseases 

affecting millions of people each year; and 

(2) the Secretary of Energy should continue and expand 

a program to meet the need identified by the National Academy 

of Sciences to ensure a source of Mo–99 and its derivatives 

for use in medical tests to help ensure the health security 

of the United States and around the world and promote peaceful 

nuclear industries through the use of low-enriched uranium. 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2010, 

$26,086,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

TITLE XXXIV—NAVAL PETROLEUM 

RESERVES 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated 

to the Secretary of Energy $23,627,000 for fiscal year 2010 for 

the purpose of carrying out activities under chapter 641 of title 

10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME 

ADMINISTRATION 

Sec. 3501. Authorization of appropriations for fiscal year 2010. 

Sec. 3502. Unused leave balances. 

Sec. 3503. Temporary program authorizing contracts with adjunct professors at the 

United States Merchant Marine Academy. Sec. 3504. Maritime loan guarantee program. 


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123 STAT. 2718 PUBLIC LAW 111–84—OCT. 28, 2009 

Sec. 3505. Defense measures against unauthorized seizures of Maritime Security 

Fleet vessels. 

Sec. 3506. Report on restrictions on United States-flagged commercial vessel security. Sec. 3507. Technical corrections to State maritime academies student incentive program. Sec. 3508. Cooperative agreements, administrative expenses, and contracting authority. Sec. 3509. Use of funding for DOT maritime heritage property. 

Sec. 3510. Use of midshipman fees. 

Sec. 3511. Construction of vessels in the United States policy. 

Sec. 3512. Port infrastructure development program. 

Sec. 3513. Reefs for marine life conservation program. 

Sec. 3514. United States Merchant Marine Academy graduate program receipt, disbursement, and accounting for nonappropriated funds. Sec. 3515. America’s short sea transportation grants for the development of marine 

highways. Sec. 3516. Expansion of the Marine View system. 

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 

2010. 

Funds are hereby authorized to be appropriated for fiscal year 

2010, to be available without fiscal year limitation if so provided 

in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows: 

(1) For expenses necessary for operations and training 

activities, $152,900,000, of which— 

(A) $15,391,000 shall remain available until expended 

for capital improvements at the United States Merchant 

Marine Academy; 

(B) $11,240,000 shall remain available until expended 

for maintenance and repair of training ships of the State 

Maritime Academies; and 

(C) $74,500,000 shall be available for operations at 

the United States Merchant Marine Academy. 

(2) For expenses to maintain and preserve a United Statesflag merchant fleet to serve the national security needs of 

the United States under chapter 531 of title 46, United States 

Code, $174,000,000. 

(3) For expenses to dispose of obsolete vessels in the 

National Defense Reserve Fleet, $15,000,000. 

(4) For the cost (as defined in section 502(5) of the Federal 

Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of loan guarantees 

under the program authorized by chapter 537 of title 46, United 

States Code, $60,000,000. 

(5) For administrative expenses related to the implementation of the loan guarantee program under chapter 537 of title 

46, United States Code, administrative expenses related to 

the implementation of the reimbursement program under section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 

53101 note), and administrative expenses related to the 

implementation of the program of assistance for small shipyards 

and maritime communities under section 54101 of title 46, 

United States Code, $4,000,000. 

SEC. 3502. UNUSED LEAVE BALANCES. 

The Maritime Administrator may, subject to the availability 

of appropriations, make a lump-sum payment for the accumulated 

balance of unused annual leave, at a rate of pay that existed 

on the date of termination or on the day before conversion to 

the Civil Service, to any former employee of a United States Merchant Marine Academy nonappropriated fund instrumentality who 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2719 

was terminated from such employment in the period September 

2008 through March 2009 under authority granted by section 3506 

of the Duncan Hunter National Defense Authorization Act for fiscal 

year 2009 (Public Law 110–417; 122 Stat. 4356). 

SEC. 3503. TEMPORARY PROGRAM AUTHORIZING CONTRACTS WITH 

ADJUNCT PROFESSORS AT THE UNITED STATES MERCHANT MARINE ACADEMY. 

(a) IN GENERAL.—Chapter 513 of title 46, United States Code, 

is amended by adding at the end thereof the following: 

‘‘§ 51317. Adjunct professors 

‘‘(a) IN GENERAL.—The Maritime Administrator may establish 

a program for the purpose of contracting with individuals as personal services contractors to provide services as adjunct professors 

at the Academy, if the Maritime Administrator determines that 

there is a need for adjunct professors and the need is not of 

permanent duration. 

‘‘(b) CONTRACT REQUIREMENTS.—Each contract under the program— 

‘‘(1) must be approved by the Maritime Administrator; and 

‘‘(2) shall be for a duration, including options, of not to 

exceed one year unless the Maritime Administrator finds that 

exceptional circumstances justify an extension of up to one 

additional year. 

‘‘(3) shall be subject to the availability of appropriations. 

‘‘(c) LIMITATION ON NUMBER OF CONTRACTORS.—In awarding 

contacts under this section, the Maritime Administrator shall 

ensure that not more than 25 individuals actively provide services 

in any one academic trimester, or equivalent, as contractors under 

subsection (a). 

‘‘(d) REPORTING REQUIREMENTS.—When the authority granted 

by subsection (a) is used to hire an adjunct professor at the Academy 

in fiscal year 2010 or fiscal year 2011, the Administrator shall 

notify the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, and the 

Committee on Commerce, Science, and Transportation of the 

Senate, including the need for and the term of employment for 

the adjunct professor.’’. 

(b) CLERICAL AND CONFORMING AMENDMENTS.— 

(1) CLERICAL AMENDMENT.—The table of contents for 

chapter 513 of title 46, United States Code, is amended by 

adding at the end thereof the following new item: 

‘‘51317. Adjunct professors.’ ’’’. 

(2) CONFORMING AMENDMENT.—Section 3506 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 

2009 (46 U.S.C. 53101 note) is repealed. 

SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM. 

The Congress finds that— 

(1) it is in the national security interest of the United 

States to foster commercial shipbuilding in the United States; 

(2) the maritime loan guarantee program authorized by 

chapter 537 or title 46, United States Code, has a long and 

successful history of facilitating construction of commercial vessels in domestic shipyards; 

Repeal. 


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123 STAT. 2720 PUBLIC LAW 111–84—OCT. 28, 2009 

(3) the Maritime Loan Guarantee Program strengthens 

our Nation’s industrial base by allowing domestic shipyards 

and their allied service and supply industries to more effectively 

produce commercial vessels that enhance the commercial sealift 

capability of the Department of Defense; and 

(4) a revitalized and effective Maritime Loan Guarantee 

Program would result in construction of a more modern and 

larger fleet of commercial vessels manned by United States 

citizens, thereby providing a pool of trained United States 

citizen mariners available to assist the Department of Defense 

in times of war or national emergency. 

SEC. 3505. DEFENSE MEASURES AGAINST UNAUTHORIZED SEIZURES 

OF MARITIME SECURITY FLEET VESSELS. 

Section 53107(b) of title 46, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3) DEFENSE MEASURES AGAINST UNAUTHORIZED SEI- ZURES.—(A) The Emergency Preparedness Agreement for any 

operating agreement that first takes effect or is renewed after 

the date of enactment of the National Defense Authorization 

Act for Fiscal Year 2010 shall require that any vessel operating 

under the agreement in the carriage of cargo for the Department of Defense in an area that is designated by the Coast 

Guard as an area of high risk of piracy shall be equipped 

with, at a minimum, appropriate non-lethal defense measures 

to protect the vessel, crew, and cargo from unauthorized seizure 

at sea. 

‘‘(B) The Secretary of Defense and the Secretary of the 

department in which the Coast Guard is operating shall jointly 

prescribe the non-lethal defense measures that are required 

under this paragraph.’’. 

SEC. 3506. REPORT ON RESTRICTIONS ON UNITED STATES-FLAGGED 

COMMERCIAL VESSEL SECURITY. 

(a) REPORT REQUIRED.—The Secretary of Defense and the Secretary of State shall prepare and submit a joint report to the 

appropriate congressional committees not later than 60 days after 

the date of the enactment of this Act on actions within their 

respective departments to— 

(1) eliminate or reduce restrictions under any regulation 

or provision of law on the carriage of arms and use of armed 

security teams on United States-flagged commercial vessels 

for purpose of self defense in areas that are designated as 

being at a high risk of piracy; 

(2) negotiate bilateral agreements with coastal states to 

allow United States-flagged commercial vessels carrying United 

States Government cargos, such as food aid, that must transit 

areas designated as being at high risk of piracy, to enter 

the ports of those coastal states while carrying arms or 

embarked armed security teams for the purpose of self-defense; 

and 

(3) establish common standards, in coordination with the 

Secretary of Homeland Security and the Commandant of the 

United States Coast Guard, for the training and professional 

qualifications of armed security teams. 

(b) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

Piracy. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2721 

(A) the Committee on Armed Services, the Committee 

on Foreign Affairs, and the Committee on Transportation 

and Infrastructure of the House of Representatives; and 

(B) the Committee on Armed Services, the Committee 

on Foreign Relations, and the Committee on Commerce, 

Science, and Transportation of the Senate. 

(2) ARMED SECURITY TEAMS.—The term ‘‘armed security 

teams’’ means security guards employed from the private sector 

for the purpose of self-defense of the vessel. 

SEC. 3507. TECHNICAL CORRECTIONS TO STATE MARITIME ACADEMIES 

STUDENT INCENTIVE PROGRAM. 

(a) INSTALLMENT PAYMENTS.—Section 51509(b) of title 46, 

United States Code, is amended— 

(1) by striking ‘‘and be paid before the start of each academic year, as prescribed by the Secretary,’’ and inserting ‘‘and 

be paid in such installments as the Secretary shall determine’’; 

(2) by striking ‘‘academy.’’ and inserting ‘‘academy, as prescribed by the Secretary.’’. 

(b) REPEAL OF REDUNDANT SECTION.—Section 177 of division 

I of Public Law 111–8 (123 Stat. 945; relating to amendments 

previously enacted by section 3503 of division C of Public Law 

110–417 (122 Stat. 4762)) is repealed and shall have no force 

or effect. 

SEC. 3508. COOPERATIVE AGREEMENTS, ADMINISTRATIVE EXPENSES, 

AND CONTRACTING AUTHORITY. 

Section 109 of title 49, United States Code, is amended— 

(1) by striking the headline for subsection (h) and inserting 

the following: 

‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, AND AUDITS.—’’; 

(2) by striking the heading for paragraph (1) of subsection 

(h) and inserting the following: 

‘‘(1) CONTRACTS AND COOPERATIVE AGREEMENTS.—’’; 

(3) by striking ‘‘make contracts’’ in subsection (h)(1) and 

inserting ‘‘make contracts and cooperative agreements’’; 

(4) by striking ‘‘section and’’ in subsection (h)(1)(A) and 

inserting ‘‘section,’’; 

(5) by striking ‘‘title 46;’’ in subsection (h)(1)(A) and insert 

‘‘title 46, and all other Maritime Administration programs;’’; 

and 

(6) by redesignating subsection (i) as subsection (j) and 

inserting after subsection (h) the following: 

‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as otherwise 

provided by law, the administrative and related expenses for the 

administration of any grant programs by the Maritime Administrator may not exceed 3 percent.’’. 

SEC. 3509. USE OF FUNDING FOR DOT MARITIME HERITAGE PROPERTY. 

Section 6(a)(1) of the National Maritime Heritage Act of 1994 

(16 U.S.C. 5405(a)(1)) is amended by striking subparagraph (C) 

and inserting the following: 

‘‘(C) The remainder, whether collected before or after 

the date of enactment of the Maritime Administration 

Authorization Act of 2010, shall be available to the Secretary to carry out the Program, as provided in subsection 

Ante, p. 944. 


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123 STAT. 2722 PUBLIC LAW 111–84—OCT. 28, 2009 

(b) of this section or, if otherwise determined by the Maritime Administrator, for use in the preservation and presentation to the public of maritime heritage property of the 

Maritime Administration.’’. 

SEC. 3510. USE OF MIDSHIPMAN FEES. 

Section 51314 of title 46, United States Code, is amended 

by striking ‘‘1994.’’ in subsection (b) and inserting ‘‘1994, or for 

calculators, computers, personal and academic supplies, midshipman services such as barber, tailor, or laundry services, and 

Coast Guard license fees.’’. 

SEC. 3511. CONSTRUCTION OF VESSELS IN THE UNITED STATES 

POLICY. 

Section 50101(a)(4) of title 46, United States Code, is amended 

by inserting ‘‘constructed in the United States’’ after ‘‘vessels’’. 

SEC. 3512. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM. 

Section 50302 of title 46, United States Code, is amended 

by adding at the end thereof the following: 

‘‘(c) PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.— ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Secretary of 

Transportation, through the Maritime Administrator, shall 

establish a port infrastructure development program for the 

improvement of port facilities as provided in this subsection. 

‘‘(2) AUTHORITY OF THE ADMINISTRATOR.—In order to carry 

out any project under the program established under paragraph 

(1), the Administrator may— 

‘‘(A) receive funds provided for the project from Federal, 

non-Federal, and private entities that have a specific agreement or contract with the Administrator to further the 

purposes of this subsection; 

‘‘(B) coordinate with other Federal agencies to expedite 

the process established under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the improvement of port facilities to improve the efficiency of the 

transportation system, to increase port security, or to provide greater access to port facilities; 

‘‘(C) seek to coordinate all reviews or requirements 

with appropriate local, State, and Federal agencies; and 

‘‘(D) provide such technical assistance to port authorities or commissions or their subdivisions and agents as 

needed for project planning, design, and construction. 

‘‘(3) PORT INFRASTRUCTURE DEVELOPMENT FUND.— 

‘‘(A) ESTABLISHMENT.—There is a Port Infrastructure 

Development Fund for use by the Administrator in carrying 

out projects under the port infrastructure development program. The Fund shall be available to the Administrator— 

‘‘(i) to administer and carry out projects under 

the program; 

‘‘(ii) to receive Federal, non-Federal, and private 

funds from entities which have specific agreements 

or contracts with the Administrator; and 

‘‘(iii) to make refunds for projects that will not 

be completed. 

‘‘(B) CREDITS.—There may be deposited into the Fund— 

‘‘(i) funds from Federal, non-Federal, and private 

entities which have agreements or contracts with the 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2723 

Administrator and which shall remain in the Fund 

until expended or refunded; and 

‘‘(ii) such amounts as may be appropriated or 

transferred, subject to subparagraph (C), to the Fund 

under this subsection. 

‘‘(C) TRANSFERS.— ‘‘(i) IN GENERAL.—Subject to clauses (ii) and (iii), 

amounts appropriated or otherwise made available for 

any fiscal year for a marine facility or intermodal 

facility that includes maritime transportation may be 

transferred, at the option of the recipient of such 

amounts, to the Fund and administered by the 

Administrator as a component of a project under the 

program. 

‘‘(ii) PROHIBITION ON TRANSFERS.—Except as provided in clause (iii), no funds appropriated or made 

available under title 23 or chapter 53 of title 49, United 

States Code, including funds from the Highway Trust 

Fund (section 9503(c) of the Internal Revenue Code 

of 1986), funds from the Mass Transit Account of the 

Highway Trust Fund (section 9503(e) of Internal Revenue Code of 1986), and funds provided for public 

transportation programs within the mass transit category (as defined in section 250(c)(4)(C) of the Balanced 

Budget and Emergency Deficit Control Act of 1985), 

shall be transferred into the Fund. 

‘‘(iii) EXCEPTION.— 

‘‘(I) IN GENERAL.—Amounts described in subclause (II) are eligible for transfer into the Fund 

if— 

‘‘(aa) the recipient of the amounts has a 

specific agreement or contract with the 

Administrator; 

‘‘(bb) the Department of Transportation 

agency that administers the amounts to be 

transferred has granted project approval for 

each component of the project that is to be 

funded using such amounts; 

‘‘(cc) the Department of Transportation 

agency that administers the amounts to be 

transferred and the Maritime Administration 

agree to the transfer through a signed Memorandum of Understanding; and 

‘‘(dd) the amounts will be used only to 

carry out the project for which funds were 

approved, and in accordance with any conditions governing the amounts under title 23 

or chapter 53 of title 49, United States Code. 

‘‘(II) AMOUNTS DESCRIBED.—The amounts 

referred to in subclause (I) are amounts appropriated or made available— 

‘‘(aa) for loans, loan guarantees, or lines 

of credit under chapter 6 of title 23, United 

States Code, for a project eligible under such 

chapter to facilitate direct intermodal 

exchange, transfer, and access into and out 

of a port as defined under section 


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123 STAT. 2724 PUBLIC LAW 111–84—OCT. 28, 2009 

601(a)(8)(D)(iii) of such title, as in effect on 

the date of enactment of this subsection; or 

‘‘(bb) for projects under title XII of division 

A of the American Recovery and Reinvestment 

Act of 2009 (Public Law 111–5). 

‘‘(D) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this section shall be construed to alter or otherwise affect existing authorities to conduct port infrastructure programs in Hawaii (as authorized by section 9008 

of Public Law 109–59), Alaska (as authorized by section 

10205 of Public Law 109–59), or Guam (as authorized 

by section 3512 of Public Law 110–417). 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Fund such sums as may 

be necessary to carry out the program, taking into account 

amounts received under paragraph (3)(A)(ii).’’. 

SEC. 3513. REEFS FOR MARINE LIFE CONSERVATION PROGRAM. 

(a) IN GENERAL.—Section 3 of Public Law 92–402 (16 U.S.C. 

1220) is amended by adding at the end thereof the following: 

‘‘(d) Any territory, possession, or Commonwealth of the United 

States, and any foreign country, may apply to the Secretary for 

an obsolete vessel to be used for an artificial reef under this section. 

The application process and reefing of any such obsolete vessel 

shall be performed in a manner consistent with the process jointly 

developed by the Secretary of Transportation and the Administrator 

of the Environmental Protection Agency under section 3504(b) of 

Public Law 107–314 (16 U.S.C. 1220 note).’’. 

(b) LIMITATION.—Section 7 of Public Law 92–402 (16 U.S.C. 

1220c–1) is amended by adding at the end thereof the following: 

‘‘(d) LIMITATION.—The Secretary may not provide assistance 

under this section to a foreign country to which an obsolete ship 

is transferred under this Act.’’. 

SEC. 3514. UNITED STATES MERCHANT MARINE ACADEMY GRADUATE 

PROGRAM RECEIPT, DISBURSEMENT, AND ACCOUNTING 

FOR NONAPPROPRIATED FUNDS. 

Section 51309(b) of title 46, United States Code, is amended 

by inserting after ‘‘body.’’ the following: ‘‘Nonappropriated funds 

received for this purpose shall be credited to the Maritime Administration’s Operations and Training appropriation, to remain available 

until expended, for those expenses directly related to the purpose 

of such receipts. The Superintendent shall maintain a separate 

and detailed accounting of nonappropriated fund receipts and all 

associated expenses.’’. 

SEC. 3515. AMERICA’S SHORT SEA TRANSPORTATION GRANTS FOR THE 

DEVELOPMENT OF MARINE HIGHWAYS. 

Section 55601 of title 46, United States Code, is amended 

by adding at the end the following: 

‘‘(g) GRANTS.— ‘‘(1) IN GENERAL.—The Secretary shall establish and implement a short sea transportation grant program to implement 

projects or components of a project designated under subsection 

(d). 

‘‘(2) APPLICATIONS.—In order to receive a grant under the 

program, an applicant shall— 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2725 

‘‘(A) submit an application to the Secretary, in such 

form and manner, at such time, and containing such 

information as the Secretary may require; and 

‘‘(B) demonstrate to the satisfaction of the Secretary 

that— 

‘‘(i) the project is financially viable; 

‘‘(ii) the funds received will be spent efficiently 

and effectively; and 

‘‘(iii) a market exists for the services of the proposed project as evidenced by contracts or written 

statements of intent from potential customers. 

‘‘(3) NON-FEDERAL SHARE.—An applicant shall provide at 

least 20 percent of the project costs from non-Federal sources. 

In awarding grants under the program, the Secretary shall 

give a preference to those projects or components that present 

the most financially viable transportation services and require 

the lowest percentage Federal share of the costs.’’. 

SEC. 3516. EXPANSION OF THE MARINE VIEW SYSTEM. 

(a) DEFINITIONS.—In this section: 

(1) MARINE TRANSPORTATION SYSTEM.—The term ‘‘marine 

transportation system’’ means the navigable water transportation system of the United States, including the vessels, ports 

(and intermodal connections thereto), and shipyards and other 

vessel repair facilities that are components of that system. 

(2) MARINE VIEW SYSTEM.—The term ‘‘Marine View system’’ 

means the information system of the Maritime Administration 

known as Marine View. 

(b) PURPOSES.—The purposes of this section are— 

(1) to expand the Marine View system; and 

(2) to provide support for the strategic requirements of 

the marine transportation system and its contribution to the 

economic viability of the United States. 

(c) EXPANSION OF MARINE VIEW SYSTEM.—To accomplish the 

purposes of this section, the Secretary of Transportation shall 

expand the Marine View system so that such system is able to 

identify, collect, integrate, secure, protect, store, and securely distribute throughout the marine transportation system information 

that— 

(1) provides access to many disparate marine transportation system data sources; 

(2) enables a system-wide view of the marine transportation 

system; 

(3) fosters partnerships between the Government of the 

United States and private entities; 

(4) facilitates accurate and efficient modeling of the entire 

marine transportation system environment; 

(5) monitors and tracks threats to the marine transportation system, including areas of severe weather or reported 

piracy; and 

(6) provides vessel tracking and rerouting, as appropriate, 

to ensure that the economic viability of the United States 

waterways is maintained. 

49 USC 109 note. 


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123 STAT. 2726 PUBLIC LAW 111–84—OCT. 28, 2009 

DIVISION D—FUNDING TABLES 

SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES. 

(a) AMOUNTS SPECIFIED IN FUNDING TABLES ARE AUTHORIZED

BY LAW.—Wherever a funding table in this Division specifies a 

dollar amount for a project, program, or activity, the obligation 

and expenditure of the specified dollar amount for the indicated 

project, program, or activity is hereby authorized by law, subject 

to the availability of appropriations. 

(b) MERIT-BASED DECISIONS.—Decisions by agency heads to 

commit, obligate, or expend funds with or to a specific entity on 

the basis of dollar amount authorized pursuant to subsection (a) 

shall be based on authorized, transparent, statutory criteria, or 

merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, 

and other applicable provisions of law. 

(c) RELATIONSHIP TO TRANSFER AND REPROGRAMMING

AUTHORITY.—This section does not prevent an amount covered by 

this section from being transferred or reprogrammed under a 

transfer or reprogramming authority provided by another provision 

of this Act or by other law. The transfer or reprogramming of 

an amount specified in a funding table referred to in subsection 

(a) shall not count against a ceiling on such transfers or 

reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move 

funds between appropriation accounts. 

(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies 

to any classified annex that accompanies this Act. 

(e) ORAL AND WRITTEN COMMUNICATION.—No oral or written 

communication concerning any amount specified in a funding table 

referred to in subsection (a) shall supersede the requirements of 

this section. 

TITLE XLI—PROCUREMENT 

SEC. 4101. PROCUREMENT. 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

AIRCRAFT PROCUREMENT, ARMY 

AIRCRAFT 

FIXED WING 

001 JOINT CARGO AIRCRAFT (JCA) ......................................................

002 UTILITY F/W AIRCRAFT ...................................................................

003 MQ–1 UAV ............................................................................................ 401,364 201,364 

Avoid forward funding of production ............................................... [–200,000] 

004 RQ–11 (RAVEN) ................................................................................... 35,008 35,008 

004A C–12A ....................................................................................................

ROTARY WING 

006 ARMED RECONNAISSANCE HELICOPTER ..................................

007 ADVANCE PROCUREMENT (CY) .................................................

008 HELICOPTER, LIGHT UTILITY (LUH) ........................................... 326,040 326,040 

009 AH–64 APACHE BLOCK III ............................................................... 161,280 161,280 

010 ADVANCE PROCUREMENT (CY) ................................................. 57,890 57,890 

011 UH–60 BLACKHAWK (MYP) ............................................................. 1,258,374 1,258,374 

012 ADVANCE PROCUREMENT (CY) ................................................. 98,740 98,740 

013 CH–47 HELICOPTER .......................................................................... 860,087 882,087 

Transfer From APA 22 ..................................................................... [22,000] 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2727 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

014 ADVANCE PROCUREMENT (CY) ................................................. 50,676 50,676 

015 HELICOPTER NEW TRAINING ........................................................ 19,639 0 

Program Not Justified ...................................................................... [–19,639] 

MODIFICATION OF AIRCRAFT 

016 MQ–1 PAYLOAD—UAS ...................................................................... 87,424 87,424 

017 MQ–1 WEAPONIZATION—UAS ........................................................ 14,832 14,832 

018 GUARDRAIL MODS (MIP) ................................................................. 61,517 61,517 

019 MULTI SENSOR ABN RECON (MIP) ............................................... 21,457 21,457 

020 AH–64 MODS ....................................................................................... 426,415 427,415 

Air Filtration Systems ...................................................................... [1,000] 

021 ADVANCE PROCUREMENT (CY) .................................................

022 CH–47 CARGO HELICOPTER MODS (MYP) ................................... 102,876 85,876 

Common Avionics Architecture System .......................................... [2,000] 

Vibration Management Enhancement Program ............................. [3,000] 

Transfer to APA 13 ........................................................................... [–22,000] 

023 ADVANCE PROCUREMENT (CY) .................................................

024 UTILITY/CARGO AIRPLANE MODS ................................................ 39,547 39,547 

025 AIRCRAFT LONG RANGE MODS ..................................................... 823 823 

026 UTILITY HELICOPTER MODS ......................................................... 66,682 71,682 

UH–60 ARNG Rewiring Program .................................................... [5,000] 

027 KIOWA WARRIOR ............................................................................... 140,768 140,768 

028 AIRBORNE AVIONICS ....................................................................... 241,287 241,287 

029 GATM ROLLUP ................................................................................... 103,142 103,142 

030 RQ–7 UAV MODS ................................................................................ 283,012 283,012 

030A C–12A ....................................................................................................

SPARES AND REPAIR PARTS 

031 SPARE PARTS (AIR) ........................................................................... 7,083 7,083 

SUPPORT EQUIPMENT AND FACILITIES 

GROUND SUPPORT AVIONICS 

032 AIRCRAFT SURVIVABILITY EQUIPMENT .................................... 25,975 25,975 

033 ASE INFRARED CM ........................................................................... 186,356 186,356 

OTHER SUPPORT 

034 AVIONICS SUPPORT EQUIPMENT ................................................. 4,933 4,933 

035 COMMON GROUND EQUIPMENT ................................................... 87,682 87,682 

036 AIRCREW INTEGRATED SYSTEMS ................................................ 52,725 55,725 

Air warrior ensemble—generation III ............................................. [3,000] 

037 AIR TRAFFIC CONTROL ................................................................... 76,999 76,999 

038 INDUSTRIAL FACILITIES ................................................................. 1,533 1,533 

039 LAUNCHER, 2.75 ROCKET ............................................................... 2,716 2,716 

040 AIRBORNE COMMUNICATIONS ..................................................... 11,109 11,109 

TOTAL—AIRCRAFT PROCUREMENT, ARMY .......................... 5,315,991 5,110,352 

MISSILE PROCUREMENT, ARMY 

OTHER MISSILES 

SURFACE-TO-AIR MISSILE SYSTEM 

001 PATRIOT SYSTEM SUMMARY ......................................................... 348,351 348,351 

002 PATRIOT/MEADS CAP SYSTEM SUMMARY .................................. 16,406 16,406 

003 SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY: ............. 72,920 72,920 

004 ADVANCE PROCUREMENT (CY) .................................................

AIR-TO-SURFACE MISSILE SYSTEM 

005 HELLFIRE SYS SUMMARY ............................................................... 31,154 29,154 

Unjustified cost growth .................................................................... [–2,000] 

ANTI-TANK/ASSAULT MISSILE SYSTEM 

006 JAVELIN (AAWS-M) SYSTEM SUMMARY ...................................... 148,649 148,649 

007 TOW 2 SYSTEM SUMMARY .............................................................. 108,066 108,066 

008 GUIDED MLRS ROCKET (GMLRS) .................................................. 293,617 293,617 

009 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ............ 15,663 15,663 

010 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS ....... 209,061 209,061 

011 ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM ......................

MODIFICATIONS 

012 PATRIOT MODS .................................................................................. 44,775 44,775 

013 ITAS/TOW MODS ................................................................................ 6,983 6,983 

014 MLRS MODS ........................................................................................ 3,662 3,662 

015 HIMARS MODIFICATIONS ............................................................... 38,690 38,690 

016 HELLFIRE MODIFICATIONS ........................................................... 10 10 

SPARES AND REPAIR PARTS 


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123 STAT. 2728 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

017 SPARES AND REPAIR PARTS .......................................................... 22,338 22,338 

SUPPORT EQUIPMENT AND FACILITIES 

018 AIR DEFENSE TARGETS .................................................................. 4,188 4,188 

019 ITEMS LESS THAN $5.0M (MISSILES) ........................................... 1,178 1,178 

020 PRODUCTION BASE SUPPORT ....................................................... 4,398 4,398 

TOTAL—MISSILE PROCUREMENT, ARMY .............................. 1,370,109 1,368,109 

PROCUREMENT OF WEAPONS & TRACKED COMBAT VEHICLES 

TRACKED COMBAT VEHICLES 

001 BRADLEY PROGRAM .........................................................................

002 BRADLEY TRAINING DEVICES (MOD) ..........................................

003 ABRAMS TANK TRAINING DEVICES .............................................

004 STRYKER VEHICLE ........................................................................... 388,596 364,196 

Program Reduction ........................................................................... [–24,400] 

005 FUTURE COMBAT SYSTEMS: (FCS) ...............................................

006 ADVANCE PROCUREMENT (CY) .................................................

007 FCS SPIN OUTS .................................................................................. 285,920 285,920 

008 ADVANCE PROCUREMENT (CY) ................................................. 42,001 42,001 

MODIFICATION OF TRACKED COMBAT VEHICLES 

009 FIST VEHICLE (MOD) ........................................................................ 34,192 34,192 

010 BRADLEY PROGRAM (MOD) ............................................................ 526,356 526,356 

011 HOWITZER, MED SP FT 155MM M109A6 (MOD) .......................... 96,503 5,003 

Army requested transfer to RDT&E, A, line 114 ........................... [–91,500] 

012 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ............ 96,814 96,814 

013 ARMORED BREACHER VEHICLE ................................................... 63,250 63,250 

014 JOINT ASSAULT BRIDGE ................................................................. 70,637 70,637 

015 M1 ABRAMS TANK (MOD) ................................................................ 183,829 183,829 

016 ABRAMS UPGRADE PROGRAM ....................................................... 185,611 185,611 

SUPPORT EQUIPMENT & FACILITIES 

017 ITEMS LESS THAN $5.0M (TCV-WTCV) .........................................

018 PRODUCTION BASE SUPPORT (TCV-WTCV) ................................ 6,601 6,601 

WEAPONS AND OTHER COMBAT VEHICLES 

019 HOWITZER, LIGHT, TOWED, 105MM, M119 .................................. 95,631 95,631 

020 M240 MEDIUM MACHINE GUN (7.62MM) ..................................... 32,919 32,919 

021 MACHINE GUN, CAL .50 M2 ROLL ................................................. 84,588 84,588 

022 LIGHTWEIGHT .50 CALIBER MACHINE GUN .............................. 977 977 

023 M249 SAW MACHINE GUN (5.56MM) ............................................. 7,535 7,535 

024 MK–19 GRENADE MACHINE GUN (40MM) ................................... 7,700 7,700 

025 MORTAR SYSTEMS ............................................................................ 14,779 14,779 

026 M107, CAL. 50, SNIPER RIFLE ......................................................... 224 224 

027 XM320 GRENADE LAUNCHER MODULE (GLM) .......................... 16,023 16,023 

028 M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS) ..................... 6,223 6,223 

029 M4 CARBINE ....................................................................................... 20,500 20,500 

030 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) ................ 6,945 6,945 

031 COMMON REMOTELY OPERATED WEAPONS STATION (CRO 100,000 

Program Increase .............................................................................. [100,000] 

032 HANDGUN ........................................................................................... 3,389 3,389 

033 HOWITZER LT WT 155MM (T) .......................................................... 49,572 49,572 

MOD OF WEAPONS AND OTHER COMBAT VEH 

034 MK–19 GRENADE MACHINE GUN MODS ..................................... 8,164 8,164 

035 M4 CARBINE MODS ........................................................................... 31,472 31,472 

036 M2 50 CAL MACHINE GUN MODS .................................................. 7,738 7,738 

037 M249 SAW MACHINE GUN MODS .................................................. 7,833 7,833 

038 M240 MEDIUM MACHINE GUN MODS .......................................... 17,964 17,964 

039 PHALANX MODS ................................................................................

040 M119 MODIFICATIONS ..................................................................... 25,306 25,306 

041 M16 RIFLE MODS ............................................................................... 4,186 4,186 

041A M14 7.62 RIFLE MODS .......................................................................

042 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) .................. 6,164 6,164 

SUPPORT EQUIPMENT & FACILITIES 

043 ITEMS LESS THAN $5.0M (WOCV-WTCV) ..................................... 551 551 

044 PRODUCTION BASE SUPPORT (WOCV-WTCV) ............................ 9,855 12,855 

Arsenal Support Program Initiative (ASPI) at Rock Island .......... [3,000] 

045 INDUSTRIAL PREPAREDNESS ........................................................ 392 392 

046 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ................... 5,012 5,012 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2729 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

TOTAL—PROCUREMENT OF WTCV, ARMY ............................. 2,451,952 2,439,052 

PROCUREMENT OF AMMUNITION, ARMY 

AMMUNITION 

SMALL/MEDIUM CALIBER AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ................................................................. 207,752 207,752 

002 CTG, 7.62MM, ALL TYPES ................................................................. 77,602 77,602 

003 CTG, HANDGUN, ALL TYPES .......................................................... 5,120 5,120 

004 CTG, .50 CAL, ALL TYPES ................................................................ 162,342 162,342 

005 CTG, 25MM, ALL TYPES .................................................................... 17,054 17,054 

006 CTG, 30MM, ALL TYPES .................................................................... 96,572 96,572 

007 CTG, 40MM, ALL TYPES .................................................................... 172,675 175,675 

Additional 40mm Mortar Rounds—Milan AAP .............................. [3,000] 

MORTAR AMMUNITION 

008 60MM MORTAR, ALL TYPES ............................................................ 23,607 25,607 

M722 60mm White Phosphorous Smoke Mortar Rounds .............. [2,000] 

009 81MM MORTAR, ALL TYPES ............................................................ 28,719 28,719 

010 CTG, MORTAR, 120MM, ALL TYPES ............................................... 104,961 104,961 

TANK AMMUNITION 

011 CTG TANK 105MM: ALL TYPES ....................................................... 7,741 7,741 

012 CTG, TANK, 120MM, ALL TYPES ..................................................... 113,483 113,483 

ARTILLERY AMMUNITION 

013 CTG, ARTY, 75MM: ALL TYPES ....................................................... 5,229 5,229 

014 CTG, ARTY, 105MM: ALL TYPES ..................................................... 90,726 90,726 

015 CTG, ARTY, 155MM, ALL TYPES ..................................................... 54,546 54,546 

016 PROJ 155MM EXTENDED RANGE XM982 ..................................... 62,292 62,292 

017 MODULAR ARTILLERY CHARGE SYSTEM (MACS), ALL T ....... 33,441 33,441 

ARTILLERY FUZES 

018 ARTILLERY FUZES, ALL TYPES ..................................................... 19,870 19,870 

MINES 

019 MINES, ALL TYPES ............................................................................ 815 815 

020 MINE, CLEARING CHARGE, ALL TYPES ......................................

021 ANTIPERSONNEL LANDMINE ALTERNATIVES ......................... 56,387 56,387 

022 INTELLIGENT MUNITIONS SYSTEM (IMS), ALL TYPES ........... 19,507 19,507 

ROCKETS 

023 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .................... 45,302 45,302 

024 ROCKET, HYDRA 70, ALL TYPES .................................................... 99,904 99,904 

OTHER AMMUNITION 

025 DEMOLITION MUNITIONS, ALL TYPES ....................................... 18,793 18,793 

026 GRENADES, ALL TYPES ................................................................... 49,910 49,910 

027 SIGNALS, ALL TYPES ........................................................................ 83,094 83,094 

028 SIMULATORS, ALL TYPES ............................................................... 12,081 12,081 

MISCELLANEOUS 

029 AMMO COMPONENTS, ALL TYPES ................................................ 17,968 17,968 

030 NON-LETHAL AMMUNITION, ALL TYPES .................................... 7,378 7,378 

031 CAD/PAD ALL TYPES ......................................................................... 3,353 3,353 

032 ITEMS LESS THAN $5 MILLION ..................................................... 8,826 8,826 

033 AMMUNITION PECULIAR EQUIPMENT ....................................... 11,187 11,187 

034 FIRST DESTINATION TRANSPORTATION (AMMO) .................... 14,354 14,354 

035 CLOSEOUT LIABILITIES .................................................................. 99 99 

AMMUNITION PRODUCTION BASE SUPPORT 

PRODUCTION BASE SUPPORT 

036 PROVISION OF INDUSTRIAL FACILITIES .................................... 151,943 153,943 

Bomb line modernization ................................................................. [2,000] 

037 LAYAWAY OF INDUSTRIAL FACILITIES ...................................... 9,529 9,529 

038 MAINTENANCE OF INACTIVE FACILITIES ................................. 8,772 8,772 

039 CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ........ 145,777 145,777 

040 ARMS INITIATIVE .............................................................................. 3,184 3,184 

TOTAL—PROCUREMENT OF AMMUNITION, ARMY ............. 2,051,895 2,058,895 

OTHER PROCUREMENT, ARMY 

TACTICAL AND SUPPORT VEHICLES 

TACTICAL VEHICLES 

001 TACTICAL TRAILERS/DOLLY SETS ............................................... 95,893 95,893 

002 SEMITRAILERS, FLATBED: .............................................................. 20,870 20,870 


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123 STAT. 2730 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

003 SEMITRAILERS, TANKERS .............................................................. 13,217 13,217 

004 HI MOB MULTI-PURP WHLD VEH (HMMWV) .............................. 281,123 281,123 

005 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ............................ 1,158,522 1,033,522 

Program reduction ............................................................................ [–125,000] 

006 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIPMEN ..... 17,575 17,575 

007 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ..................... 812,918 812,918 

008 PLS ESP ................................................................................................ 18,973 18,973 

009 ARMORED SECURITY VEHICLES (ASV) ........................................ 136,605 136,605 

010 MINE PROTECTION VEHICLE FAMILY ........................................ 402,517 312,517 

Reassessment of program requirement ........................................... [–90,000] 

011 FAMILY OF MINE RESISTANT AMBUSH PROTEC (MRAP) .......

012 TRUCK, TRACTOR, LINE HAUL, M915/M916 ................................ 74,703 74,703 

013 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV P ...... 180,793 180,793 

014 HMMWV RECAPITALIZATION PROGRAM .................................... 2,904 2,904 

015 MODIFICATION OF IN SVC EQUIP ................................................ 10,314 10,314 

016 ITEMS LESS THAN $5.0M (TAC VEH) ............................................ 298 298 

017 TOWING DEVICE-FIFTH WHEEL ................................................... 414 414 

NON-TACTICAL VEHICLES 

018 HEAVY ARMORED SEDAN ............................................................... 1,980 1,980 

019 PASSENGER CARRYING VEHICLES .............................................. 269 269 

020 NONTACTICAL VEHICLES, OTHER ............................................... 3,052 3,052 

COMMUNICATIONS AND ELECTRONICS EQUIPMENT 

COMM-JOINT COMMUNICATIONS 

021 COMBAT IDENTIFICATION PROGRAM .........................................

022 JOINT COMBAT IDENTIFICATION MARKING SYSTEM ............ 11,868 11,868 

023 WIN-T—GROUND FORCES TACTICAL NETWORK ...................... 544,202 544,202 

024 JCSE EQUIPMENT (USREDCOM) .................................................... 4,868 4,868 

COMM—SATELLITE COMMUNICATIONS 

025 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS (S .... 145,108 145,108 

026 SHF TERM ........................................................................................... 90,918 90,918 

027 SAT TERM, EMUT (SPACE) .............................................................. 653 653 

028 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ................. 72,735 72,735 

029 SMART-T (SPACE) .............................................................................. 61,116 61,116 

030 SCAMP (SPACE) .................................................................................. 1,834 1,834 

031 GLOBAL BRDCST SVC—GBS ........................................................... 6,849 6,849 

032 MOD OF IN-SVC EQUIP (TAC SAT) ................................................. 2,862 2,862 

COMM—COMBAT SUPPORT COMM 

032A MOD-IN-SERVICE PROFILER ..........................................................

COMM—C3 SYSTEM 

033 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) ......................... 22,996 22,996 

COMM—COMBAT COMMUNICATIONS 

034 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ............... 1,705 1,705 

035 JOINT TACTICAL RADIO SYSTEM ................................................. 90,204 35,040 

Testing delays in JTRS GMR .......................................................... [–55,164] 

036 RADIO TERMINAL SET, MIDS LVT(2) ............................................ 8,549 8,549 

037 SINCGARS FAMILY ............................................................................ 6,812 0 

Program Reduction ........................................................................... [–6,812] 

038 AMC CRITICAL ITEMS—OPA2 .........................................................

038A SINCGARS—GROUND .......................................................................

039 MULTI-PURPOSE INFORMATIONS OPERATIONS SYSEMS ...... 6,164 6,164 

040 BRIDGE TO FUTURE NETWORKS ..................................................

041 COMMS-ELEC EQUIP FIELDING ....................................................

042 SPIDER APLA REMOTE CONTROL UNIT ...................................... 21,820 21,820 

043 IMS REMOTE CONTROL UNIT ........................................................ 9,256 9,256 

044 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS 4,646 4,646 

045 COMBAT SURVIVOR EVADER LOCATOR (CSEL) ........................ 2,367 2,367 

046 RADIO, IMPROVED HF (COTS) FAMILY ........................................ 6,555 6,555 

047 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) .................. 18,583 18,583 

COMM—INTELLIGENCE COMM 

048 CI AUTOMATION ARCHITECTURE (MIP) ..................................... 1,414 1,414 

INFORMATION SECURITY 

049 TSEC—ARMY KEY MGT SYS (AKMS) ............................................. 29,525 29,525 

050 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ................ 33,189 33,189 

COMM—LONG HAUL COMMUNICATIONS 

051 TERRESTRIAL TRANSMISSION ...................................................... 1,890 1,890 

052 BASE SUPPORT COMMUNICATIONS ............................................ 25,525 25,525 

053 ELECTROMAG COMP PROG (EMCP) ..............................................


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2731 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

054 WW TECH CON IMP PROG (WWTCIP) ........................................... 31,256 31,256 

COMM—BASE COMMUNICATIONS 

055 INFORMATION SYSTEMS ................................................................. 216,057 216,057 

056 DEFENSE MESSAGE SYSTEM (DMS) ............................................. 6,203 6,203 

057 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .... 147,111 147,111 

058 PENTAGON INFORMATION MGT AND TELECOM ...................... 39,906 39,906 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

061 ALL SOURCE ANALYSIS SYS (ASAS) (MIP) ..................................

062 JTT/CIBS-M (MIP) ............................................................................... 3,279 3,279 

063 PROPHET GROUND (MIP) ................................................................ 64,498 64,498 

064 TACTICAL UNMANNED AERIAL SYS (TUAS)MIP .......................

065 SMALL UNMANNED AERIAL SYSTEM (SUAS) ............................

066 DIGITAL TOPOGRAPHIC SPT SYS (DTSS) (MIP) ..........................

067 DRUG INTERDICTION PROGRAM (DIP) (TIARA) .........................

068 TACTICAL EXPLOITATION SYSTEM (MIP) ...................................

069 DCGS-A (MIP) ...................................................................................... 85,354 85,354 

070 JOINT TACTICAL GROUND STATION (JTAGS) ............................ 6,703 6,703 

071 TROJAN (MIP) ..................................................................................... 26,659 26,659 

072 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) .................................. 7,021 7,021 

073 CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP ........ 4,509 4,509 

074 SEQUOYAH FOREIGN LANGUAGE TRANSLATION SYSTEM ... 6,420 6,420 

075 ITEMS LESS THAN $5.0M (MIP) ...................................................... 17,053 17,053 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

076 LIGHTWEIGHT COUNTER MORTAR RADAR ............................... 31,661 31,661 

077 WARLOCK ............................................................................................

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES .. 1,284 1,284 

079 CI MODERNIZATION (MIP) .............................................................. 1,221 1,221 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

080 SENTINEL MODS ............................................................................... 25,863 25,863 

081 SENSE THROUGH THE WALL (STTW) .......................................... 25,352 25,352 

082 NIGHT VISION DEVICES .................................................................. 366,820 191,158 

Contractor production delays in Enhanced Night Vision Goggle 

line.

[–175,662] 

083 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM 133,836 133,836 

084 NIGHT VISION, THERMAL WPN SIGHT ........................................ 313,237 313,237 

085 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF .............. 9,179 9,179 

086 RADIATION MONITORING SYSTEMS ............................................ 2,198 2,198 

087 COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) ..............

088 BASE EXPEDITIONARY TARGETING AND SURV SYS ...............

089 ARTILLERY ACCURACY EQUIP ...................................................... 5,838 5,838 

090 MOD OF IN-SVC EQUIP (MMS) ........................................................

091 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE .... 1,178 1,178 

092 PROFILER ............................................................................................ 4,766 4,766 

093 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) ........................ 2,801 2,801 

094 FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) ........... 271,979 271,979 

095 JOINT BATTLE COMMAND—PLATFORM (JBC-P) ....................... 17,242 17,242 

096 LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER (LLD .... 59,080 59,080 

097 COMPUTER BALLISTICS: LHMBC XM32 .......................................

098 MORTAR FIRE CONTROL SYSTEM ................................................ 15,520 15,520 

099 COUNTERFIRE RADARS ................................................................... 194,665 194,665 

100 INTEGRATED MET SYS SENSORS (IMETS)—MIP .......................

101 ENHANCED SENSOR & MONITORING SYSTEM ......................... 1,944 1,944 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

102 TACTICAL OPERATIONS CENTERS ............................................... 29,934 29,934 

103 FIRE SUPPORT C2 FAMILY ............................................................. 39,042 39,042 

104 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC .. 31,968 31,968 

105 FAAD C2 ............................................................................................... 8,289 8,289 

106 AIR & MSL DEFENSE PLANNING & CONTROL SYS (AMD ....... 62,439 62,439 

107 KNIGHT FAMILY ................................................................................ 80,831 80,831 

108 LIFE CYCLE SOFTWARE SUPPORT (LCSS) .................................. 1,778 1,778 

109 AUTOMATIC IDENTIFICATION TECHNOLOGY ........................... 31,542 31,542 

110 TC AIMS II ........................................................................................... 11,124 11,124 

111 JOINT NETWORK MANAGEMENT SYSTEM (JNMS) ...................

112 TACTICAL INTERNET MANAGER ..................................................

113 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ... 53,898 53,898 

114 MANEUVER CONTROL SYSTEM (MCS) ......................................... 77,646 77,646 

115 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ........................ 46,861 46,861 


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123 STAT. 2732 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

116 RECONNAISSANCE AND SURVEYING INSTRUMENT SET ...... 11,118 11,118 

117 MOUNTED BATTLE COMMAND ON THE MOVE (MBCOTM) .... 926 926 

ELECT EQUIP—AUTOMATION 

118 GENERAL FUND ENTERPRISE BUSINESS SYSTEM .................. 85,801 85,801 

119 ARMY TRAINING MODERNIZATION .............................................. 12,823 12,823 

120 AUTOMATED DATA PROCESSING EQUIP .................................... 254,723 239,723 

Program Reduction ........................................................................... [–15,000] 

121 CSS COMMUNICATIONS .................................................................. 33,749 33,749 

122 RESERVE COMPONENT AUTOMATION SYS (RCAS) .................. 39,675 39,675 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

123 AFRTS ...................................................................................................

124 ITEMS LESS THAN $5.0M (A/V) ....................................................... 2,709 2,709 

125 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ................. 5,172 5,172 

ELECT EQUIP—MODS TACTICAL SYS/EQ 

126 WEAPONIZATION OF UNMANNED AERIAL SYSTEM (UAS) ....

ELECT EQUIP—SUPPORT 

127 ITEMS UNDER $5M (SSE) .................................................................

128 PRODUCTION BASE SUPPORT (C-E) ............................................. 518 518 

CLASSIFIED PROGRAMS .................................................................. 2,522 2,522 

OTHER SUPPORT EQUIPMENT 

CHEMICAL DEFENSIVE EQUIPMENT 

129 PROTECTIVE SYSTEMS .................................................................... 2,081 2,081 

130 CBRN SOLDIER PROTECTION ........................................................ 108,334 108,334 

131 SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) .......... 7,135 7,135 

BRIDGING EQUIPMENT 

132 TACTICAL BRIDGING ........................................................................ 58,509 58,509 

133 TACTICAL BRIDGE, FLOAT-RIBBON ............................................. 135,015 135,015 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

134 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST ... 42,264 42,264 

135 GRND STANDOFF MINE DETECTION SYSTEM (GSTAMIDS .... 56,123 59,123 

FIDO explosives detector ................................................................. [3,000] 

136 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ..... 49,333 49,333 

137 $5M, COUNTERMINE EQUIPMENT ................................................ 3,479 3,479 

138 AERIAL DETECTION ......................................................................... 11,200 200 

Funding ahead of need ..................................................................... [–11,000] 

COMBAT SERVICE SUPPORT EQUIPMENT 

139 HEATERS AND ECU’S ....................................................................... 11,924 11,924 

140 LAUNDRIES, SHOWERS AND LATRINES .....................................

141 SOLDIER ENHANCEMENT ............................................................... 4,071 4,071 

142 LIGHTWEIGHT MAINTENANCE ENCLOSURE (LME) ................

142A LAND WARRIOR .................................................................................

143 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ................. 6,981 6,981 

144 GROUND SOLDIER SYSTEM ............................................................ 1,809 1,809 

145 MOUNTED SOLDIER SYSTEM ......................................................... 1,085 1,085 

146 FORCE PROVIDER .............................................................................

147 FIELD FEEDING EQUIPMENT ........................................................ 57,872 57,872 

148 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ... 66,381 66,381 

149 MOBILE INTEGRATED REMAINS COLLECTION SYSTEM: ....... 16,585 16,585 

150 ITEMS LESS THAN $5M (ENG SPT) ................................................ 25,531 25,531 

PETROLEUM EQUIPMENT 

151 QUALITY SURVEILLANCE EQUIPMENT ......................................

152 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................... 84,019 84,019 

WATER EQUIPMENT 

153 WATER PURIFICATION SYSTEMS ................................................. 7,173 7,173 

MEDICAL EQUIPMENT 

154 COMBAT SUPPORT MEDICAL ......................................................... 33,694 37,694 

Combat casualty care equipment upgrade program ...................... [3,000] 

Life Support for Trauma and Transport (LSTAT) ......................... [1,000] 

MAINTENANCE EQUIPMENT 

155 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ...................... 137,002 137,002 

156 ITEMS LESS THAN $5.0M (MAINT EQ) .......................................... 812 812 

CONSTRUCTION EQUIPMENT 

157 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ........................................ 50,897 50,897 

158 SKID STEER LOADER (SSL) FAMILY OF SYSTEM ...................... 18,387 18,387 

159 SCRAPERS, EARTHMOVING ............................................................

160 DISTR, WATER, SP MIN 2500G SEC/NON-SEC .............................

161 MISSION MODULES—ENGINEERING ........................................... 44,420 44,420 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2733 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

162 LOADERS ............................................................................................. 20,824 20,824 

163 HYDRAULIC EXCAVATOR ................................................................ 18,785 18,785 

164 TRACTOR, FULL TRACKED ............................................................. 50,102 50,102 

165 CRANES ................................................................................................

166 PLANT, ASPHALT MIXING ............................................................... 12,915 12,915 

167 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) FOS ........... 36,451 36,451 

168 CONST EQUIP ESP ............................................................................ 8,391 8,391 

169 ITEMS LESS THAN $5.0M (CONST EQUIP) ................................... 12,562 12,562 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

170 JOINT HIGH SPEED VESSEL (JHSV) ............................................. 183,666 183,666 

171 HARBORMASTER COMMAND AND CONTROL CENTER 

(HCCC.

10,962 10,962 

172 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ...................................... 6,785 6,785 

GENERATORS 

173 GENERATORS AND ASSOCIATED EQUIP ..................................... 146,067 146,067 

MATERIAL HANDLING EQUIPMENT 

174 ROUGH TERRAIN CONTAINER HANDLER (RTCH) .................... 41,239 41,239 

175 ALL TERRAIN LIFTING ARMY SYSTEM ....................................... 44,898 44,898 

TRAINING EQUIPMENT 

176 COMBAT TRAINING CENTERS SUPPORT .................................... 22,967 22,967 

177 TRAINING DEVICES, NONSYSTEM ................................................ 261,348 276,698 

Operator driving simulator .............................................................. [350] 

Joint fires & effects training systems (JFETS) .............................. [5,000] 

Virtual interactive combat environment (VICE) ............................ [4,000] 

Mobile Firing Range—TX ARNG .................................................... [1,500] 

Virtual Interactive Combat Environment (V.I.C.E.) Training 

System—VA ARNG.

[2,000] 

Immersive Group Simulation Virtual Training Systems for the 

Hawaii ARNG.

[2,500] 

178 CLOSE COMBAT TACTICAL TRAINER .......................................... 65,155 65,155 

179 AVIATION COMBINED ARMS TACTICAL TRAINER (AVCA ....... 12,794 12,794 

180 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING .... 7,870 7,870 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

181 CALIBRATION SETS EQUIPMENT ................................................. 16,844 16,844 

182 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ................ 101,320 101,320 

183 TEST EQUIPMENT MODERNIZATION (TEMOD) ......................... 15,526 15,526 

OTHER SUPPORT EQUIPMENT 

184 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............... 21,770 21,770 

185 PHYSICAL SECURITY SYSTEMS (OPA3) ....................................... 49,758 49,758 

186 BASE LEVEL COM’L EQUIPMENT .................................................. 1,303 1,303 

187 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ..................... 53,884 53,884 

188 PRODUCTION BASE SUPPORT (OTH) ............................................ 3,050 3,050 

189 BUILDING, PRE-FAB, RELOCATABLE ...........................................

190 SPECIAL EQUIPMENT FOR USER TESTING ................................ 45,516 45,516 

191 AMC CRITICAL ITEMS OPA3 ........................................................... 12,232 12,232 

192 MA8975 ................................................................................................. 4,492 4,492 

SPARES AND REPAIR PARTS 

OPA2 

193 INITIAL SPARES—C&E ..................................................................... 25,867 25,867 

194 WIN-T INCREMENT 2 SPARES ........................................................ 9,758 9,758 

194a Procurement of computer services / systems ......................................

TOTAL—OTHER PROCUREMENT, ARMY ................................. 9,907,151 9,450,863 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 

NETWORK ATTACK 

001 ATTACK THE NETWORK .................................................................. 203,100 0 

Transfer to OCO ............................................................................... [–203,100] 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE ....................................................................... 199,100 0 

Transfer to OCO ............................................................................... [–199,100] 

FORCE TRAINING 

003 TRAIN THE FORCE ............................................................................ 41,100 0 

Transfer to OCO ............................................................................... [–41,100] 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS ...................................................................................... 121,550 0 

Transfer to OCO ............................................................................... [–121,550] 


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123 STAT. 2734 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

TOTAL—JOINT IED DEFEAT FUND ........................................... 564,850 0 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

001 AV–8B (V/STOL) HARRIER ................................................................

002 EA–18G ................................................................................................. 1,611,837 1,611,837 

003 ADVANCE PROCUREMENT (CY) ................................................. 20,559 20,559 

004 F/A–18E/F (FIGHTER) HORNET ....................................................... 1,009,537 1,521,817 

Additional aircraft ............................................................................ [512,280] 

005 ADVANCE PROCUREMENT (CY) ................................................. 51,431 159,431 

EOQ for MYP III ............................................................................... [108,000] 

006 JOINT STRIKE FIGHTER .................................................................. 3,997,048 3,997,048 

007 ADVANCE PROCUREMENT (CY) ................................................. 481,000 481,000 

008 V–22 (MEDIUM LIFT) ......................................................................... 2,215,829 2,215,829 

009 ADVANCE PROCUREMENT (CY) ................................................. 84,342 84,342 

010 UH–1Y/AH–1Z ...................................................................................... 709,801 609,801 

UH–1Y/AH–1Z Program Reduction ................................................. [–100,000] 

011 ADVANCE PROCUREMENT (CY) ................................................. 70,550 70,550 

012 MH–60S (MYP) ..................................................................................... 414,145 414,145 

013 ADVANCE PROCUREMENT (CY) ................................................. 78,830 78,830 

014 MH–60R ................................................................................................ 811,781 811,781 

015 ADVANCE PROCUREMENT (CY) ................................................. 131,504 131,504 

016 P–8A POSEIDON ................................................................................. 1,664,525 1,664,525 

017 ADVANCE PROCUREMENT (CY) ..................................................... 160,526 149,646 

Excessive advance procurement growth ......................................... [–7,680] 

Funding for production line slots .................................................... [–3,200] 

018 E–2D ADV HAWKEYE ........................................................................ 511,245 511,245 

019 ADVANCE PROCUREMENT (CY) ................................................. 94,924 94,924 

AIRLIFT AIRCRAFT 

020 C–40A .................................................................................................... 74,381 74,381 

TRAINER AIRCRAFT 

021 T–45TS (TRAINER) GOSHAWK ........................................................

022 JPATS .................................................................................................... 266,539 266,539 

OTHER AIRCRAFT 

023 KC–130J ................................................................................................

024 ADVANCE PROCUREMENT (CY) .................................................

025 RQ–7 UAV ............................................................................................. 56,797 53,797 

Attrition vehicles ............................................................................... [–3,000] 

026 MQ–8 UAV ............................................................................................ 77,616 77,616 

027 OTHER SUPPORT AIRCRAFT ..........................................................

MODIFICATION OF AIRCRAFT 

028 EA–6 SERIES ....................................................................................... 39,977 39,977 

029 AV–8 SERIES ....................................................................................... 35,668 35,668 

030 F–18 SERIES ........................................................................................ 484,129 480,729 

Excessive growth of IR Marker ECP ............................................... [–3,400] 

031 H–46 SERIES ....................................................................................... 35,325 35,325 

032 AH–1W SERIES ................................................................................... 66,461 66,461 

033 H–53 SERIES ....................................................................................... 68,197 68,197 

034 SH–60 SERIES ..................................................................................... 82,253 82,253 

035 H–1 SERIES ......................................................................................... 20,040 20,040 

036 EP–3 SERIES ....................................................................................... 92,530 92,530 

037 P–3 SERIES .......................................................................................... 485,171 445,571 

P–3 Series Program Reduction ........................................................ [–39,600] 

038 S–3 SERIES ..........................................................................................

039 E–2 SERIES .......................................................................................... 22,853 22,853 

040 TRAINER A/C SERIES ........................................................................ 20,907 20,907 

041 C–2A ...................................................................................................... 21,343 21,343 

042 C–130 SERIES ...................................................................................... 22,449 22,449 

043 FEWSG .................................................................................................. 9,486 9,486 

044 CARGO/TRANSPORT A/C SERIES .................................................... 19,429 19,429 

045 E–6 SERIES .......................................................................................... 102,646 102,646 

046 EXECUTIVE HELICOPTERS SERIES .............................................. 42,456 42,456 

047 SPECIAL PROJECT AIRCRAFT ........................................................ 14,869 14,869 

048 T–45 SERIES ........................................................................................ 51,484 51,484 

049 POWER PLANT CHANGES ............................................................... 26,395 26,395 

050 JPATS SERIES ..................................................................................... 4,922 4,922 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2735 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

051 AVIATION LIFE SUPPORT MODS ................................................... 5,594 5,594 

052 COMMON ECM EQUIPMENT ........................................................... 47,419 49,419 

Crane Integrated Defensive Countermeasures (IDECM) Depot 

Capability.

[2,000] 

053 COMMON AVIONICS CHANGES ..................................................... 151,112 151,112 

054 COMMON DEFENSIVE WEAPON SYSTEM ...................................

055 ID SYSTEMS ........................................................................................ 24,125 24,125 

056 V–22 (TILT/ROTOR ACFT) OSPREY ................................................. 24,502 24,502 

AIRCRAFT SPARES AND REPAIR PARTS 

057 SPARES AND REPAIR PARTS .......................................................... 1,264,012 1,262,412 

UH–1Y/AH–1Z reduction ................................................................. [–1,600] 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

058 COMMON GROUND EQUIPMENT ................................................... 363,588 363,588 

059 AIRCRAFT INDUSTRIAL FACILITIES ............................................ 11,075 11,075 

060 WAR CONSUMABLES ........................................................................ 55,406 55,406 

061 OTHER PRODUCTION CHARGES ................................................... 23,861 23,861 

062 SPECIAL SUPPORT EQUIPMENT ................................................... 42,147 42,147 

063 FIRST DESTINATION TRANSPORTATION .................................... 1,734 1,734 

064 CANCELLED ACCOUNT ADJUSTMENTS ......................................

TOTAL—AIRCRAFT PROCUREMENT, NAVY ........................... 18,378,312 18,842,112 

WEAPONS PROCUREMENT, NAVY 

BALLISTIC MISSILES 

MODIFICATION OF MISSILES 

001 TRIDENT II MODS .............................................................................. 1,060,504 1,060,504 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES ................................................ 3,447 3,447 

OTHER MISSILES 

STRATEGIC MISSILES 

003 TOMAHAWK ........................................................................................ 283,055 283,055 

TACTICAL MISSILES 

004 AMRAAM .............................................................................................. 145,506 140,506 

Diminished manufacturing sources funding ahead of need .......... [–5,000] 

005 SIDEWINDER ...................................................................................... 56,845 56,845 

006 JSOW ..................................................................................................... 145,336 145,336 

007 SLAM-ER ..............................................................................................

008 STANDARD MISSILE ......................................................................... 249,233 249,233 

009 RAM ....................................................................................................... 74,784 74,784 

010 HELLFIRE ............................................................................................ 59,411 59,411 

011 AERIAL TARGETS .............................................................................. 47,003 47,003 

012 OTHER MISSILE SUPPORT .............................................................. 3,928 3,928 

MODIFICATION OF MISSILES 

013 ESSM ..................................................................................................... 51,388 51,388 

014 HARM MODS ....................................................................................... 47,973 47,973 

015 STANDARD MISSILES MODS ........................................................... 81,451 81,451 

SUPPORT EQUIPMENT & FACILITIES 

016 WEAPONS INDUSTRIAL FACILITIES ............................................ 3,211 13,211 

Accelerate facility restoration program ........................................... [10,000] 

017 FLEET SATELLITE COMM FOLLOW-ON ....................................... 487,280 487,280 

018 ADVANCE PROCUREMENT (CY) ................................................. 28,847 28,847 

ORDNANCE SUPPORT EQUIPMENT 

019 ORDNANCE SUPPORT EQUIPMENT .............................................. 48,883 48,883 

TORPEDOES AND RELATED EQUIPMENT 

TORPEDOES AND RELATED EQUIP. 

020 SSTD ......................................................................................................

021 ASW TARGETS .................................................................................... 9,288 9,288 

MOD OF TORPEDOES AND RELATED EQUIP 

022 MK–46 TORPEDO MODS ................................................................... 94,159 87,023 

Support funding carryover ............................................................... [–7,136] 

023 MK–48 TORPEDO ADCAP MODS ..................................................... 61,608 56,308 

Support funding carryover ............................................................... [–5,300] 

024 QUICKSTRIKE MINE ......................................................................... 4,680 4,680 

SUPPORT EQUIPMENT 

025 TORPEDO SUPPORT EQUIPMENT ................................................. 39,869 39,869 

026 ASW RANGE SUPPORT ..................................................................... 10,044 10,044 

DESTINATION TRANSPORTATION 


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123 STAT. 2736 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

027 FIRST DESTINATION TRANSPORTATION .................................... 3,434 3,434 

OTHER WEAPONS 

GUNS AND GUN MOUNTS 

028 SMALL ARMS AND WEAPONS ........................................................ 12,742 12,742 

MODIFICATION OF GUNS AND GUN MOUNTS 

029 CIWS MODS ......................................................................................... 158,896 158,896 

030 COAST GUARD WEAPONS ............................................................... 21,157 21,157 

031 GUN MOUNT MODS ........................................................................... 30,761 30,761 

032 LCS MODULE WEAPONS ..................................................................

033 CRUISER MODERNIZATION WEAPONS ........................................ 51,227 51,227 

034 AIRBORNE MINE NEUTRALIZATION SYSTEMS ......................... 12,309 12,309 

OTHER 

035 MARINE CORPS TACTIAL UNMANNED AERIAL SYSTEM ........

036 CANCELLED ACCOUNT ADJUSTMENTS ......................................

SPARES AND REPAIR PARTS 

037 SPARES AND REPAIR PARTS .......................................................... 65,196 65,196 

TOTAL—WEAPONS PROCUREMENT, NAVY ............................ 3,453,455 3,446,019 

PROCUREMENT OF AMMUNITION, NAVY & MARINE 

CORPS 

PROC AMMO, NAVY 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ........................................................... 75,227 75,227 

002 JDAM ..................................................................................................... 1,968 1,968 

003 AIRBORNE ROCKETS, ALL TYPES ................................................. 38,643 38,643 

004 MACHINE GUN AMMUNITION ....................................................... 19,622 12,062 

20MM linkless TP cost growth ........................................................ [–2,900] 

20MM linked TP cost growth ........................................................... [–1,990] 

20MM linked HEI cost growth ........................................................ [–2,670] 

005 PRACTICE BOMBS ............................................................................. 33,803 24,503 

Enhanced laser guided training round cost growth ....................... [–9,300] 

006 CARTRIDGES & CART ACTUATED DEVICES ............................... 50,600 50,600 

007 AIR EXPENDABLE COUNTERMEASURES .................................... 79,102 69,302 

MJU–55 production termination ..................................................... [–9,800] 

008 JATOS ................................................................................................... 3,230 3,230 

009 5 INCH/54 GUN AMMUNITION ........................................................ 27,483 27,483 

010 INTERMEDIATE CALIBER GUN AMMUNITION .......................... 25,974 25,974 

011 OTHER SHIP GUN AMMUNITION .................................................. 35,934 35,934 

012 SMALL ARMS & LANDING PARTY AMMO .................................... 43,490 43,490 

013 PYROTECHNIC AND DEMOLITION ................................................ 10,623 10,623 

014 AMMUNITION LESS THAN $5 MILLION ....................................... 3,214 3,214 

PROC AMMO, MC 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ........................................................... 87,781 87,781 

016 LINEAR CHARGES, ALL TYPES ...................................................... 23,582 23,582 

017 40 MM, ALL TYPES ............................................................................ 57,291 57,291 

018 60MM, ALL TYPES .............................................................................. 22,037 22,037 

019 81MM, ALL TYPES .............................................................................. 54,869 54,869 

020 120MM, ALL TYPES ............................................................................ 29,579 29,579 

021 CTG 25MM, ALL TYPES ..................................................................... 2,259 2,259 

022 GRENADES, ALL TYPES ................................................................... 10,694 10,694 

023 ROCKETS, ALL TYPES ...................................................................... 13,948 13,948 

024 ARTILLERY, ALL TYPES ................................................................... 57,948 57,948 

025 EXPEDITIONARY FIGHTING VEHICLE .........................................

026 DEMOLITION MUNITIONS, ALL TYPES ....................................... 14,886 14,886 

027 FUZE, ALL TYPES .............................................................................. 575 575 

028 NON LETHALS .................................................................................... 3,034 3,034 

029 AMMO MODERNIZATION ................................................................. 8,886 8,886 

030 ITEMS LESS THAN $5 MILLION ..................................................... 4,393 4,393 

TOTAL—PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS.840,675 814,015 

SHIPBUILDING AND CONVERSION, NAVY 

OTHER WARSHIPS 

001 CARRIER REPLACEMENT PROGRAM ............................................ 739,269 739,269 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2737 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

002 ADVANCE PROCUREMENT (CY) ................................................. 484,432 484,432 

003 VIRGINIA CLASS SUBMARINE ....................................................... 1,964,317 1,964,317 

004 ADVANCE PROCUREMENT (CY) ................................................. 1,959,725 1,959,725 

005 CVN REFUELING OVERHAULS ...................................................... 1,563,602 1,563,602 

006 ADVANCE PROCUREMENT (CY) ................................................. 211,820 211,820 

007 SSBN ERO ............................................................................................

008 ADVANCE PROCUREMENT (CY) .................................................

009 DDG 1000 .............................................................................................. 1,084,161 1,084,161 

010 ADVANCE PROCUREMENT (CY) .................................................

011 DDG–51 ................................................................................................. 1,912,267 1,912,267 

012 ADVANCE PROCUREMENT (CY) ................................................. 328,996 328,996 

013 LITTORAL COMBAT SHIP ................................................................ 1,380,000 1,380,000 

AMPHIBIOUS SHIPS 

014 LPD–17 .................................................................................................. 872,392 872,392 

015 ADVANCE PROCUREMENT (CY) ................................................. 184,555 184,555 

016 LHA REPLACEMENT .........................................................................

017 ADVANCE PROCUREMENT (CY) .................................................

018 INTRATHEATER CONNECTOR ........................................................ 177,956 177,956 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

019 OUTFITTING ....................................................................................... 391,238 391,238 

020 SERVICE CRAFT ................................................................................. 3,694 3,694 

021 LCAC SLEP .......................................................................................... 63,857 63,857 

022 COMPLETION OF PY SHIPBUILDING PROGRAMS ..................... 454,586 454,586 

TOTAL—SHIPBUILDING AND CONVERSION, NAVY ............ 13,776,867 13,776,867 

OTHER PROCUREMENT, NAVY 

SHIPS SUPPORT EQUIPMENT 

SHIP PROPULSION EQUIPMENT 

001 LM–2500 GAS TURBINE .................................................................... 8,014 8,014 

002 ALLISON 501K GAS TURBINE ......................................................... 9,162 9,162 

003 OTHER PROPULSION EQUIPMENT ...............................................

NAVIGATION EQUIPMENT 

004 OTHER NAVIGATION EQUIPMENT ............................................... 34,743 34,743 

PERISCOPES 

005 SUB PERISCOPES & IMAGING EQUIP .......................................... 75,127 70,127 

Digital periscope contract delay ....................................................... [–5,000] 

OTHER SHIPBOARD EQUIPMENT 

006 DDG MOD ............................................................................................. 142,262 142,262 

007 FIREFIGHTING EQUIPMENT .......................................................... 11,423 14,523 

Smart valves for fire suppression .................................................... [3,100] 

008 COMMAND AND CONTROL SWITCHBOARD ................................ 4,383 4,383 

009 POLLUTION CONTROL EQUIPMENT ............................................ 24,992 24,992 

010 SUBMARINE SUPPORT EQUIPMENT ............................................ 16,867 16,867 

011 VIRGINIA CLASS SUPPORT EQUIPMENT .................................... 103,153 103,153 

012 SUBMARINE BATTERIES ................................................................. 51,482 51,482 

013 STRATEGIC PLATFORM SUPPORT EQUIP ................................... 15,672 15,672 

014 DSSP EQUIPMENT ............................................................................. 10,641 10,641 

015 CG MODERNIZATION ........................................................................ 315,323 315,323 

016 LCAC ..................................................................................................... 6,642 6,642 

017 MINESWEEPING EQUIPMENT ........................................................

018 UNDERWATER EOD PROGRAMS .................................................... 19,232 19,232 

019 ITEMS LESS THAN $5 MILLION ..................................................... 127,554 124,430 

CVN auto voltage regulators ahead of need ................................... [–3,124] 

020 CHEMICAL WARFARE DETECTORS .............................................. 8,899 8,899 

021 SUBMARINE LIFE SUPPORT SYSTEM .......................................... 14,721 14,721 

REACTOR PLANT EQUIPMENT 

022 REACTOR POWER UNITS .................................................................

023 REACTOR COMPONENTS ................................................................. 262,354 262,354 

OCEAN ENGINEERING 

024 DIVING AND SALVAGE EQUIPMENT ............................................ 5,304 5,304 

SMALL BOATS 

025 STANDARD BOATS ............................................................................ 35,318 35,318 

TRAINING EQUIPMENT 

026 OTHER SHIPS TRAINING EQUIPMENT ........................................ 15,113 15,113 

PRODUCTION FACILITIES EQUIPMENT 

027 OPERATING FORCES IPE ................................................................. 47,172 47,172 


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123 STAT. 2738 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

OTHER SHIP SUPPORT 

028 NUCLEAR ALTERATIONS ................................................................ 136,683 136,683 

029 LCS MODULES .................................................................................... 137,259 137,259 

LOGISTIC SUPPORT 

030 LSD MIDLIFE ...................................................................................... 117,856 117,856 

COMMUNICATIONS AND ELECTRONICS EQUIPMENT 

SHIP RADARS 

031 RADAR SUPPORT ............................................................................... 9,968 9,968 

032 SPQ–9B RADAR ................................................................................... 13,476 13,476 

033 AN/SQQ–89 SURF ASW COMBAT SYSTEM .................................... 111,093 95,593 

SQQ–89 backfit suites ahead of need .............................................. [–15,500] 

034 SSN ACOUSTICS ................................................................................. 299,962 303,962 

TB–33 thinline towed array ............................................................. [4,000] 

035 UNDERSEA WARFARE SUPPORT EQUIPMENT .......................... 38,705 38,705 

036 SONAR SWITCHES AND TRANSDUCERS ..................................... 13,537 13,537 

ASW ELECTRONIC EQUIPMENT 

037 SUBMARINE ACOUSTIC WARFARE SYSTEM .............................. 20,681 20,681 

038 SSTD ...................................................................................................... 2,184 2,184 

039 FIXED SURVEILLANCE SYSTEM .................................................... 63,017 63,017 

040 SURTASS .............................................................................................. 24,108 24,108 

041 TACTICAL SUPPORT CENTER ........................................................ 22,464 22,464 

ELECTRONIC WARFARE EQUIPMENT 

042 AN/SLQ–32 ........................................................................................... 34,264 34,264 

RECONNAISSANCE EQUIPMENT 

043 SHIPBOARD IW EXPLOIT ................................................................. 105,883 105,883 

SUBMARINE SURVEILLANCE EQUIPMENT 

044 SUBMARINE SUPPORT EQUIPMENT PROG ................................ 98,645 83,495 

Multi-function modular mast units ahead of need ......................... [–15,150] 

OTHER SHIP ELECTRONIC EQUIPMENT 

045 NAVY TACTICAL DATA SYSTEM ....................................................

046 COOPERATIVE ENGAGEMENT CAPABILITY ............................... 30,522 30,522 

047 GCCS-M EQUIPMENT ........................................................................ 13,594 13,594 

048 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) .... 35,933 35,933 

049 ATDLS ................................................................................................... 7,314 7,314 

050 MINESWEEPING SYSTEM REPLACEMENT ................................. 79,091 74,291 

RMS restructure ............................................................................... [–4,800] 

051 SHALLOW WATER MCM ................................................................... 7,835 7,835 

052 NAVSTAR GPS RECEIVERS (SPACE) ............................................. 10,845 10,845 

053 ARMED FORCES RADIO AND TV .................................................... 3,333 3,333 

054 STRATEGIC PLATFORM SUPPORT EQUIP ................................... 4,149 4,149 

TRAINING EQUIPMENT 

055 OTHER TRAINING EQUIPMENT ..................................................... 36,784 36,784 

AVIATION ELECTRONIC EQUIPMENT 

056 MATCALS ............................................................................................. 17,468 17,468 

057 SHIPBOARD AIR TRAFFIC CONTROL ............................................ 7,970 7,970 

058 AUTOMATIC CARRIER LANDING SYSTEM .................................. 18,878 18,878 

059 NATIONAL AIR SPACE SYSTEM ..................................................... 28,988 28,988 

060 AIR STATION SUPPORT EQUIPMENT ........................................... 8,203 8,203 

061 MICROWAVE LANDING SYSTEM ................................................... 10,526 10,526 

062 ID SYSTEMS ........................................................................................ 38,682 38,682 

063 TAC A/C MISSION PLANNING SYS(TAMPS) ................................. 9,102 9,102 

OTHER SHORE ELECTRONIC EQUIPMENT 

064 DEPLOYABLE JOINT COMMAND AND CONT .............................. 8,719 11,719 

Shelter Upgrade Program ................................................................ [3,000] 

065 TADIX-B ................................................................................................ 793 793 

066 GCCS-M EQUIPMENT TACTICAL/MOBILE ................................... 11,820 11,820 

067 COMMON IMAGERY GROUND SURFACE SYSTEMS .................. 27,632 27,632 

068 CANES .................................................................................................. 1,181 1,181 

069 RADIAC ................................................................................................. 5,990 5,990 

070 GPETE .................................................................................................. 3,737 3,737 

071 INTEG COMBAT SYSTEM TEST FACILITY ................................... 4,423 4,423 

072 EMI CONTROL INSTRUMENTATION ............................................. 4,778 4,778 

073 ITEMS LESS THAN $5 MILLION ..................................................... 65,760 65,760 

SHIPBOARD COMMUNICATIONS 

074 SHIPBOARD TACTICAL COMMUNICATIONS ...............................

075 PORTABLE RADIOS ...........................................................................

076 SHIP COMMUNICATIONS AUTOMATION ..................................... 310,605 290,305 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2739 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

Shipboard network systems ahead of need ..................................... [–20,300] 

077 AN/URC–82 RADIO ............................................................................. 4,913 4,913 

078 COMMUNICATIONS ITEMS UNDER $5M ...................................... 25,314 25,314 

SUBMARINE COMMUNICATIONS 

079 SUBMARINE BROADCAST SUPPORT ............................................ 105 105 

080 SUBMARINE COMMUNICATION EQUIPMENT ............................ 48,729 48,729 

SATELLITE COMMUNICATIONS 

081 SATELLITE COMMUNICATIONS SYSTEMS ................................. 50,172 50,172 

082 NAVY MULTIBAND TERMINAL (NMT) .......................................... 72,496 72,496 

SHORE COMMUNICATIONS 

083 JCS COMMUNICATIONS EQUIPMENT .......................................... 2,322 2,322 

084 ELECTRICAL POWER SYSTEMS ..................................................... 1,293 1,293 

085 NAVAL SHORE COMMUNICATIONS .............................................. 2,542 2,542 

CRYPTOGRAPHIC EQUIPMENT 

086 INFO SYSTEMS SECURITY PROGRAM (ISSP) .............................. 119,054 119,054 

087 CRYPTOLOGIC COMMUNICATIONS EQUIP ................................. 16,839 16,839 

OTHER ELECTRONIC SUPPORT 

088 COAST GUARD EQUIPMENT ........................................................... 18,892 18,892 

DRUG INTERDICTION SUPPORT 

089 OTHER DRUG INTERDICTION SUPPORT .....................................

AVIATION SUPPORT EQUIPMENT 

SONOBUOYS 

090 SONOBUOYS—ALL TYPES ............................................................... 91,976 91,976 

AIRCRAFT SUPPORT EQUIPMENT 

091 WEAPONS RANGE SUPPORT EQUIPMENT .................................. 75,329 75,329 

092 EXPEDITIONARY AIRFIELDS .......................................................... 8,343 8,343 

093 AIRCRAFT REARMING EQUIPMENT ............................................. 12,850 12,850 

094 AIRCRAFT LAUNCH & RECOVERY EQUIPMENT ....................... 48,670 46,849 

ADMACS Block II upgrade cost growth ......................................... [–1,821] 

095 METEOROLOGICAL EQUIPMENT .................................................. 21,458 21,458 

096 OTHER PHOTOGRAPHIC EQUIPMENT ......................................... 1,582 1,582 

097 AVIATION LIFE SUPPORT ............................................................... 27,367 32,367 

Multi Climate Protection System .................................................... [5,000] 

098 AIRBORNE MINE COUNTERMEASURES ...................................... 55,408 55,408 

099 LAMPS MK III SHIPBOARD EQUIPMENT ..................................... 23,694 23,694 

100 PORTABLE ELECTRONIC MAINTENANCE AIDS ........................ 9,710 9,710 

101 OTHER AVIATION SUPPORT EQUIPMENT .................................. 16,541 16,541 

ORDNANCE SUPPORT EQUIPMENT 

SHIP GUN SYSTEM EQUIPMENT 

102 NAVAL FIRES CONTROL SYSTEM ................................................. 1,391 1,391 

103 GUN FIRE CONTROL EQUIPMENT ................................................ 7,891 7,891 

SHIP MISSILE SYSTEMS EQUIPMENT 

104 NATO SEASPARROW ......................................................................... 13,556 13,556 

105 RAM GMLS ........................................................................................... 7,762 7,762 

106 SHIP SELF DEFENSE SYSTEM ....................................................... 34,079 34,079 

107 AEGIS SUPPORT EQUIPMENT ........................................................ 108,886 108,886 

108 TOMAHAWK SUPPORT EQUIPMENT ............................................ 88,475 88,475 

109 VERTICAL LAUNCH SYSTEMS ....................................................... 5,513 5,513 

FBM SUPPORT EQUIPMENT 

110 STRATEGIC MISSILE SYSTEMS EQUIP ........................................ 155,579 155,579 

ASW SUPPORT EQUIPMENT 

111 SSN COMBAT CONTROL SYSTEMS ................................................ 118,528 118,528 

112 SUBMARINE ASW SUPPORT EQUIPMENT ................................... 5,200 5,200 

113 SURFACE ASW SUPPORT EQUIPMENT ........................................ 13,646 13,646 

114 ASW RANGE SUPPORT EQUIPMENT ............................................ 7,256 7,256 

OTHER ORDNANCE SUPPORT EQUIPMENT 

115 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ................................. 54,069 54,069 

116 ITEMS LESS THAN $5 MILLION ..................................................... 3,478 3,478 

OTHER EXPENDABLE ORDNANCE 

117 ANTI-SHIP MISSILE DECOY SYSTEM ........................................... 37,128 37,128 

118 SURFACE TRAINING DEVICE MODS ............................................. 7,430 7,430 

119 SUBMARINE TRAINING DEVICE MODS ....................................... 25,271 25,271 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

120 PASSENGER CARRYING VEHICLES .............................................. 4,139 4,139 

121 GENERAL PURPOSE TRUCKS ......................................................... 1,731 1,731 

122 CONSTRUCTION & MAINTENANCE EQUIP ................................. 12,931 12,931 

123 FIRE FIGHTING EQUIPMENT ......................................................... 12,976 12,976 


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123 STAT. 2740 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

124 TACTICAL VEHICLES ........................................................................ 25,352 25,352 

125 AMPHIBIOUS EQUIPMENT .............................................................. 2,950 2,950 

126 POLLUTION CONTROL EQUIPMENT ............................................ 5,097 5,097 

127 ITEMS UNDER $5 MILLION ............................................................. 23,787 23,787 

128 PHYSICAL SECURITY VEHICLES ................................................... 1,115 1,115 

SUPPLY SUPPORT EQUIPMENT 

129 MATERIALS HANDLING EQUIPMENT .......................................... 17,153 17,153 

130 OTHER SUPPLY SUPPORT EQUIPMENT ...................................... 6,368 6,368 

131 FIRST DESTINATION TRANSPORTATION .................................... 6,217 6,217 

132 SPECIAL PURPOSE SUPPLY SYSTEMS ......................................... 71,597 71,597 

PERSONNEL AND COMMAND SUPPORT EQUIPMENT 

TRAINING DEVICES 

133 TRAINING SUPPORT EQUIPMENT ................................................ 12,944 12,944 

COMMAND SUPPORT EQUIPMENT 

134 COMMAND SUPPORT EQUIPMENT ............................................... 55,267 55,267 

135 EDUCATION SUPPORT EQUIPMENT ............................................ 2,084 2,084 

136 MEDICAL SUPPORT EQUIPMENT .................................................. 5,517 5,517 

137 NAVAL MIP SUPPORT EQUIPMENT .............................................. 1,537 1,537 

139 OPERATING FORCES SUPPORT EQUIPMENT ............................. 12,250 12,250 

140 C4ISR EQUIPMENT ............................................................................ 5,324 5,324 

141 ENVIRONMENTAL SUPPORT EQUIPMENT ................................. 18,183 18,183 

142 PHYSICAL SECURITY EQUIPMENT ............................................... 128,921 128,921 

143 ENTERPRISE INFORMATION TECHNOLOGY .............................. 79,747 79,747 

OTHER 

144 CANCELLED ACCOUNT ADJUSTMENTS ......................................

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 19,463 19,463 

SPARES AND REPAIR PARTS 

145 SPARES AND REPAIR PARTS .......................................................... 247,796 247,796 

145a Procurement of computer services / systems ......................................

TOTAL—OTHER PROCUREMENT, NAVY ................................. 5,661,176 5,610,581 

PROCUREMENT, MARINE CORPS 

WEAPONS AND COMBAT VEHICLES 

TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ......................................................................................... 9,127 9,127 

002 LAV PIP ................................................................................................ 34,969 34,969 

003 IMPROVED RECOVERY VEHICLE (IRV) ........................................

004 M1A1 FIREPOWER ENHANCEMENTS ...........................................

ARTILLERY AND OTHER WEAPONS 

005 EXPEDITIONARY FIRE SUPPORT SYSTEM .................................. 19,591 19,591 

006 155MM LIGHTWEIGHT TOWED HOWITZER ................................ 7,420 7,420 

007 HIGH MOBILITY ARTILLERY ROCKET SYSTEM ........................ 71,476 71,476 

008 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ...... 25,949 25,949 

WEAPONS 

009 MODULAR WEAPON SYSTEM .........................................................

OTHER SUPPORT 

010 MODIFICATION KITS ........................................................................ 33,990 33,990 

011 WEAPONS ENHANCEMENT PROGRAM ........................................ 22,238 22,238 

GUIDED MISSILES AND EQUIPMENT 

GUIDED MISSILES 

012 GROUND BASED AIR DEFENSE ..................................................... 11,387 11,387 

013 JAVELIN ...............................................................................................

014 FOLLOW ON TO SMAW ..................................................................... 25,333 25,333 

015 ANTI-ARMOR WEAPONS SYSTEM-HEAVY (AAWS-H) ................ 71,225 71,225 

OTHER SUPPORT 

016 MODIFICATION KITS ........................................................................ 2,114 2,114 

COMMUNICATIONS & ELECTRONICS EQUIPMENT 

COMMAND AND CONTROL SYSTEMS 

017 UNIT OPERATIONS CENTER ........................................................... 19,832 19,832 

REPAIR AND TEST EQUIPMENT 

018 REPAIR AND TEST EQUIPMENT .................................................... 31,087 31,087 

OTHER SUPPORT (TEL) 

019 COMBAT SUPPORT SYSTEM ........................................................... 11,368 11,368 

020 MODIFICATION KITS ........................................................................

COMMAND AND CONTROL SYSTEM (NON-TEL) 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2741 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

021 ITEMS UNDER $5 MILLION (COMM & ELEC) .............................. 3,531 3,531 

022 AIR OPERATIONS C2 SYSTEMS ...................................................... 45,084 45,084 

RADAR + EQUIPMENT (NON-TEL) 

023 RADAR SYSTEMS ............................................................................... 7,428 7,428 

INTELL/COMM EQUIPMENT (NON-TEL) 

024 FIRE SUPPORT SYSTEM ................................................................... 2,580 2,580 

025 INTELLIGENCE SUPPORT EQUIPMENT ...................................... 37,581 37,581 

026 RQ–11 UAV ........................................................................................... 42,403 42,403 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

027 NIGHT VISION EQUIPMENT ........................................................... 10,360 10,360 

OTHER SUPPORT (NON-TEL) 

028 COMMON COMPUTER RESOURCES .............................................. 115,263 115,263 

029 COMMAND POST SYSTEMS ............................................................. 49,820 49,820 

030 RADIO SYSTEMS ................................................................................ 61,954 61,954 

031 COMM SWITCHING & CONTROL SYSTEMS ................................. 98,254 98,254 

032 COMM & ELEC INFRASTRUCTURE SUPPORT ............................ 15,531 15,531 

SUPPORT VEHICLES 

ADMINISTRATIVE VEHICLES 

033 COMMERCIAL PASSENGER VEHICLES ........................................ 1,265 1,265 

034 COMMERCIAL CARGO VEHICLES .................................................. 13,610 13,610 

035 5/4T TRUCK HMMWV (MYP) ............................................................ 9,796 9,796 

036 MOTOR TRANSPORT MODIFICATIONS ......................................... 6,111 6,111 

037 MEDIUM TACTICAL VEHICLE REPLACEMENT .......................... 10,792 10,792 

038 LOGISTICS VEHICLE SYSTEM REP ............................................... 217,390 217,390 

039 FAMILY OF TACTICAL TRAILERS .................................................. 26,497 26,497 

040 TRAILERS ............................................................................................ 18,122 18,122 

OTHER SUPPORT 

041 ITEMS LESS THAN $5 MILLION ..................................................... 5,948 5,948 

ENGINEER AND OTHER EQUIPMENT 

042 ENVIRONMENTAL CONTROL EQUIP ASSORT ............................ 5,121 5,121 

043 BULK LIQUID EQUIPMENT ............................................................. 13,035 13,035 

044 TACTICAL FUEL SYSTEMS .............................................................. 35,059 38,159 

Nitrile Rubber Collapsible Storage Units ....................................... [3,100] 

045 POWER EQUIPMENT ASSORTED ................................................... 21,033 21,033 

046 AMPHIBIOUS SUPPORT EQUIPMENT ........................................... 39,876 39,876 

047 EOD SYSTEMS .................................................................................... 93,335 93,335 

MATERIALS HANDLING EQUIPMENT 

048 PHYSICAL SECURITY EQUIPMENT ............................................... 12,169 12,169 

049 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) ............. 11,825 11,825 

050 MATERIAL HANDLING EQUIP ........................................................ 41,430 41,430 

051 FIRST DESTINATION TRANSPORTATION .................................... 5,301 5,301 

GENERAL PROPERTY 

052 FIELD MEDICAL EQUIPMENT ........................................................ 6,811 6,811 

053 TRAINING DEVICES .......................................................................... 14,854 14,854 

054 CONTAINER FAMILY ........................................................................ 3,770 3,770 

055 FAMILY OF CONSTRUCTION EQUIPMENT ................................. 37,735 37,735 

056 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) .......... 10,360 10,360 

057 BRIDGE BOATS ...................................................................................

058 RAPID DEPLOYABLE KITCHEN ...................................................... 2,159 2,159 

OTHER SUPPORT 

059 ITEMS LESS THAN $5 MILLION ..................................................... 8,792 8,792 

SPARES AND REPAIR PARTS 

060 SPARES AND REPAIR PARTS .......................................................... 41,547 41,547 

TOTAL—PROCUREMENT, MARINE CORPS ............................ 1,600,638 1,603,738 

AIRCRAFT PROCUREMENT, AIR FORCE 

COMBAT AIRCRAFT 

TACTICAL FORCES 

001 F–35 ....................................................................................................... 2,048,830 2,178,830 

F136 engine procurement ................................................................. [130,000] 

002 ADVANCE PROCUREMENT (CY) ..................................................... 300,600 278,600 

Reduction of 2 aircraft previously funded in fiscal year 2009 ...... [–22,000] 

003 F–22A .................................................................................................... 95,163 95,163 

004 ADVANCE PROCUREMENT (CY) .................................................

AIRLIFT AIRCRAFT 

TACTICAL AIRLIFT 


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123 STAT. 2742 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

005 C–17A (MYP) ........................................................................................ 88,510 88,510 

OTHER AIRLIFT 

006 C–130J ................................................................................................... 285,632 285,632 

007 ADVANCE PROCUREMENT (CY) ................................................. 108,000 108,000 

008 HC/MC–130 RECAP ............................................................................. 879,231 375,231 

Funded in fiscal year 2009 supplemental ............................ [–504,000] 

009 ADVANCE PROCUREMENT (CY) ................................................. 137,360 137,360 

010 JOINT CARGO AIRCRAFT ................................................................. 319,050 319,050 

TRAINER AIRCRAFT 

UPT TRAINERS 

011 USAFA POWERED FLIGHT PROGRAM .......................................... 4,144 4,144 

OPERATIONAL TRAINERS 

012 JPATS .................................................................................................... 15,711 15,711 

OTHER AIRCRAFT 

HELICOPTERS 

013 V22 OSPREY ........................................................................................ 437,272 437,272 

014 ADVANCE PROCUREMENT (CY) ................................................. 13,835 13,835 

MISSION SUPPORT AIRCRAFT 

015 C–29A FLIGHT INSPECTION ACFT ................................................

016 C–12 A ...................................................................................................

017 C–40 ....................................................................................................... 154,044 259,294 

Program Increase .............................................................................. [105,250] 

018 CIVIL AIR PATROL A/C ..................................................................... 2,426 2,426 

OTHER AIRCRAFT 

020 TARGET DRONES ............................................................................... 78,511 78,511 

021 C–37A .................................................................................................... 66,400 66,400 

022 GLOBAL HAWK ................................................................................... 554,775 554,775 

023 ADVANCE PROCUREMENT (CY) ................................................. 113,049 113,049 

024 MQ–1 .....................................................................................................

025 MQ–9 ..................................................................................................... 489,469 489,469 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 3,608 3,608 

MODIFICATION OF IN-SERVICE AIRCRAFT 

STRATEGIC AIRCRAFT 

026 B–2A ...................................................................................................... 283,955 264,155 

USAF requested transfer to APAF 78A, B–2 Post Production 

Support for the B–2 Weapon System Support Center.

[–19,800] 

027 ADVANCE PROCUREMENT (CY) .................................................

028 B–1B ...................................................................................................... 107,558 78,558 

Program delay for various programs. Funding transferred to PE 

11126F (RDAF 119).

[–29,000] 

029 B–52 ....................................................................................................... 78,788 61,466 

Air Force identified excess ............................................................... [–17,322] 

TACTICAL AIRCRAFT 

030 A–10 ....................................................................................................... 252,488 252,488 

031 F–15 ....................................................................................................... 92,921 143,421 

5 AESA Radars ................................................................................. [50,500] 

032 F–16 ....................................................................................................... 224,642 221,875 

Funding ahead of need—BLOS Installs .......................................... [–2,767] 

033 F–22A .................................................................................................... 350,735 192,336 

Common Configuration—Early to need .......................................... [–158,399] 

AIRLIFT AIRCRAFT 

034 C–5 ......................................................................................................... 606,993 578,993

Funding ahead of need—RERP Install ........................................... [–28,000] 

035 ADVANCE PROCUREMENT (CY) ................................................. 108,300 108,300 

036 C–9C ...................................................................................................... 10 10 

037 C–17A .................................................................................................... 469,731 424,431 

Funding requested ahead of need .................................................... [–45,300] 

038 C–21 ....................................................................................................... 562 562 

039 C–32A .................................................................................................... 10,644 10,644 

040 C–37A .................................................................................................... 4,336 4,336 

TRAINER AIRCRAFT 

041 GLIDER MODS .................................................................................... 119 119 

042 T–6 ......................................................................................................... 33,074 33,074 

043 T–1 ......................................................................................................... 35 35 

044 T–38 ....................................................................................................... 75,274 61,057 

Improved Brake System Program Termination ............................. [–14,217] 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2743 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

045 T–43 .......................................................................................................

OTHER AIRCRAFT 

046 KC–10A (ATCA) .................................................................................... 9,441 9,441 

047 C–12 ....................................................................................................... 472 472 

048 MC–12W ................................................................................................ 63,000 63,000 

049 C–20 MODS .......................................................................................... 734 734 

050 VC–25A MOD ....................................................................................... 15,610 15,610 

051 C–40 ....................................................................................................... 9,162 9,162 

052 C–130 ..................................................................................................... 354,421 134,171 

Scathe View Hyper-Spectral Imagery Upgrade .............................. [4,500] 

Senior Scout COMINT Capability Upgrade ................................... [3,750] 

Program Excess ................................................................................. [–209,500] 

Centerwing Replacements—Early to need ..................................... [–19,000] 

053 C130J MODS ........................................................................................ 13,627 13,627 

054 C–135 ..................................................................................................... 150,425 150,425 

055 COMPASS CALL MODS ..................................................................... 29,187 29,187 

056 DARP ..................................................................................................... 107,859 107,859 

057 E–3 ......................................................................................................... 79,263 79,263 

058 E–4 ......................................................................................................... 73,058 73,058 

059 E–8 ......................................................................................................... 225,973 225,973

060 H–1 ........................................................................................................ 18,280 18,280 

061 H–60 ...................................................................................................... 14,201 95,201 

HH–60G AAQ–29 FLIR .................................................................... [81,000] 

062 GLOBAL HAWK MODS ...................................................................... 134,864 134,864 

063 HC/MC–130 MODIFICATIONS .......................................................... 1,964 1,964 

064 OTHER AIRCRAFT ............................................................................. 103,274 127,274 

Litening ATP upgrade kits ............................................................... [24,000] 

065 MQ–1 MODS ......................................................................................... 123,889 123,889 

066 MQ–9 MODS ......................................................................................... 48,837 48,837 

Reflect USAF decision to change sensor payload 

067 CV–22 MODS ........................................................................................ 24,429 24,429 

067A CAF Restructure ...................................................................................

AIRCRAFT SPARES + REPAIR PARTS 

068 INITIAL SPARES/REPAIR PARTS .................................................... 418,604 418,604 

AIRCRAFT SUPPORT EQUIPMENT AND FACILITIES 

COMMON SUPPORT EQUIP 

069 AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................. 105,820 105,820 

POST PRODUCTION SUPPORT 

070 B–1 ......................................................................................................... 3,929 3,929 

071 B–2A ......................................................................................................

072 B–2A ...................................................................................................... 24,481 24,481 

073 C–5 ......................................................................................................... 2,259 2,259 

074 C–5 ......................................................................................................... 11,787 11,787 

075 KC–10A (ATCA) .................................................................................... 4,125 4,125 

076 C–17A .................................................................................................... 91,400 0 

Funding requested ahead of need .................................................... [–91,400] 

077 C–130 ..................................................................................................... 28,092 28,092 

078 EC–130J ................................................................................................ 5,283 5,283 

078A B–2 POST PRODUCTION SUPPORT ................................................ 19,800 

USAF requested transfer from APAF 26 for the B–2 Weapon 

System Support Center.

[19,800] 

079 F–15 ....................................................................................................... 15,744 15,744 

080 F–16 ....................................................................................................... 19,951 19,951 

081 OTHER AIRCRAFT ............................................................................. 51,980 51,980 

082 T–1 .........................................................................................................

INDUSTRIAL PREPAREDNESS 

083 INDUSTRIAL RESPONSIVENESS .................................................... 25,529 25,529 

WAR CONSUMABLES 

084 WAR CONSUMABLES ........................................................................ 134,427 134,427 

OTHER PRODUCTION CHARGES 

085 OTHER PRODUCTION CHARGES ................................................... 490,344 490,344 

OTHER PRODUCTION CHARGES—SOF 

087 CANCELLED ACCT ADJUSTMENTS ...............................................

DARP 

088 DARP ..................................................................................................... 15,323 15,323 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 19,443 19,443 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2744 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

TOTAL—AIRCRAFT PROCUREMENT, AIR FORCE ............... 11,966,276 11,224,371 

PROCUREMENT OF AMMUNITION, AIR FORCE 

PROCUREMENT OF AMMO, AIR FORCE 

ROCKETS 

001 ROCKETS ............................................................................................. 43,461 43,461 

CARTRIDGES 

002 CARTRIDGES ....................................................................................... 123,886 123,886 

BOMBS 

003 PRACTICE BOMBS ............................................................................. 52,459 52,459 

004 GENERAL PURPOSE BOMBS ........................................................... 225,145 225,145 

005 JOINT DIRECT ATTACK MUNITION .............................................. 103,041 103,041 

FLARE, IR MJU–7B 

006 CAD/PAD ............................................................................................... 40,522 40,522 

007 EXPLOSIVE ORDINANCE DISPOSAL (EOD) ................................. 3,302 3,302 

008 SPARES AND REPAIR PARTS .......................................................... 4,582 4,582 

009 MODIFICATIONS ................................................................................ 1,289 1,289 

010 ITEMS LESS THAN $5,000,000 ......................................................... 5,061 5,061 

FUZES 

011 FLARES ................................................................................................ 152,515 152,515 

012 FUZES ................................................................................................... 61,037 61,037 

WEAPONS 

SMALL ARMS 

013 SMALL ARMS ...................................................................................... 6,162 6,162 

TOTAL—PROCUREMENT OF AMMUNITION, AIR FORCE .. 822,462 822,462 

MISSILE PROCUREMENT, AIR FORCE 

BALLISTIC MISSILES 

MISSILE REPLACEMENT EQUIPMENT-BALLISTIC 

001 MISSILE REPLACEMENT EQ-BALLISTIC ..................................... 58,139 58,139 

OTHER MISSILES 

TACTICAL 

002 JASSM ................................................................................................... 52,666 52,666 

003 SIDEWINDER (AIM–9X) ..................................................................... 78,753 78,753 

004 AMRAAM .............................................................................................. 291,827 286,827 

Funding ahead of need for DMS ...................................................... [–5,000] 

005 PREDITOR HELLFIRE MISSILE ...................................................... 79,699 64,530 

Updated pricing ................................................................................. [–15,169] 

006 SMALL DIAMETER BOMB ................................................................ 134,801 134,801 

INDUSTRIAL FACILITIES 

007 INDUSTR’L PREPAREDNS/POL PREVENTION ............................. 841 841 

MODIFICATION OF IN-SERVICE MISSILES 

CLASS IV 

008 ADVANCED CRUISE MISSILE ......................................................... 32 32 

009 MM III MODIFICATIONS .................................................................. 199,484 199,484 

010 AGM–65D MAVERICK ........................................................................ 258 258 

011 AGM–88A HARM ................................................................................. 30,280 30,280 

012 AIR LAUNCH CRUISE MISSILE (ALCM) ........................................

SPARES AND REPAIR PARTS 

MISSILE SPARES + REPAIR PARTS 

013 INITIAL SPARES/REPAIR PARTS .................................................... 70,185 70,185 

OTHER SUPPORT 

SPACE PROGRAMS 

014 ADVANCED EHF ................................................................................. 1,843,475 1,843,475 

015 ADVANCE PROCUREMENT (CY) .................................................

016 WIDEBAND GAPFILLER SATELLITES(SPACE) ............................ 201,671 151,671 

Program delay ................................................................................... [–50,000] 

017 ADVANCE PROCUREMENT (CY) ................................................. 62,380 62,380 

018 SPACEBORNE EQUIP (COMSEC) .................................................... 9,871 9,871 

019 GLOBAL POSITIONING (SPACE) ..................................................... 53,140 53,140 

020 ADVANCE PROCUREMENT (CY) .................................................

021 NUDET DETECTION SYSTEM .........................................................

022 DEF METEOROLOGICAL SAT PROG(SPACE) ............................... 97,764 97,764 

023 TITAN SPACE BOOSTERS(SPACE) .................................................

024 EVOLVED EXPENDABLE LAUNCH VEH(SPACE) ........................ 1,295,325 1,102,225 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2745 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

Reduction in Requirement for Launch Vehicles ............................. [–88,100] 

EELV reduction for AFSPC 4 .......................................................... [–105,000] 

025 MEDIUM LAUNCH VEHICLE(SPACE) ............................................

026 SBIR HIGH (SPACE) ........................................................................... 307,456 307,456 

027 ADVANCE PROCUREMENT (CY) ................................................. 159,000 159,000 

028 NATL POLAR-ORBITING OP ENV SATELLITE ............................. 3,900 3,900 

SPECIAL PROGRAMS 

029 DEFENSE SPACE RECONN PROGRAM ......................................... 105,152 105,152 

031 SPECIAL UPDATE PROGRAMS ....................................................... 311,070 311,070 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 853,559 853,559 

TOTAL—MISSILE PROCUREMENT, AIR FORCE ................... 6,300,728 6,037,459 

OTHER PROCUREMENT, AIR FORCE 

VEHICULAR EQUIPMENT 

CARGO + UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ........................................................ 25,922 25,922 

003 CAP VEHICLES ................................................................................... 897 897 

SPECIAL PURPOSE VEHICLES 

004 SECURITY AND TACTICAL VEHICLES ......................................... 44,603 44,603 

FIRE FIGHTING EQUIPMENT 

005 FIRE FIGHTING/CRASH RESCUE VEHICLES .............................. 27,760 27,760 

MATERIALS HANDLING EQUIPMENT 

006 HALVERSEN LOADER .......................................................................

BASE MAINTENANCE SUPPORT 

007 RUNWAY SNOW REMOV AND CLEANING EQU .......................... 24,884 24,884 

008 ITEMS LESS THAN $5,000,000(VEHICLES) ................................... 57,243 40,243 

Reduce program growth ................................................................... [–17,000] 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 18,163 18,163 

ELECTRONICS AND TELECOMMUNICATIONS 

COMM SECURITY EQUIPMENT(COMSEC) 

009 COMSEC EQUIPMENT ...................................................................... 209,249 209,249 

010 MODIFICATIONS (COMSEC) ............................................................ 1,570 1,570 

INTELLIGENCE PROGRAMS 

011 INTELLIGENCE TRAINING EQUIPMENT ..................................... 4,230 4,230 

012 INTELLIGENCE COMM EQUIPMENT ............................................ 21,965 27,465 

Eagle Vision-ANG ............................................................................. [4,000] 

Eagle Vision Upgrade-ANG ............................................................. [1,500] 

ELECTRONICS PROGRAMS 

013 AIR TRAFFIC CONTROL & LANDING SYS .................................... 22,591 22,591 

014 NATIONAL AIRSPACE SYSTEM ...................................................... 47,670 47,670 

015 THEATER AIR CONTROL SYS IMPROVEMEN ............................. 56,776 56,776 

016 WEATHER OBSERVATION FORECAST .......................................... 19,357 19,357 

017 STRATEGIC COMMAND AND CONTROL ....................................... 35,116 35,116 

018 CHEYENNE MOUNTAIN COMPLEX ............................................... 28,608 28,608 

019 DRUG INTERDICTION SPT .............................................................. 452 452 

SPCL COMM-ELECTRONICS PROJECTS 

020 GENERAL INFORMATION TECHNOLOGY .................................... 111,282 111,282 

021 AF GLOBAL COMMAND & CONTROL SYS .................................... 15,499 15,499 

022 MOBILITY COMMAND AND CONTROL ......................................... 8,610 8,610 

023 AIR FORCE PHYSICAL SECURITY SYSTEM ................................. 137,293 77,293 

Weapons Storage Area—Request ahead of need ............................ [–60,000] 

024 COMBAT TRAINING RANGES .......................................................... 40,633 44,633 

Unmanned modular threat emitter (UMTE) .................................. [3,000] 

Joint threat emitter (JTE) ............................................................... [1,000] 

025 C3 COUNTERMEASURES ................................................................. 8,177 8,177 

026 GCSS-AF FOS ....................................................................................... 81,579 81,579 

027 THEATER BATTLE MGT C2 SYSTEM ............................................. 29,687 29,687 

028 AIR & SPACE OPERATIONS CTR-WPN SYS .................................. 54,093 54,093 

AIR FORCE COMMUNICATIONS 

029 BASE INFO INFRASTRUCTURE ...................................................... 433,859 384,859 

Excess funding .................................................................................. [–49,000] 

030 USCENTCOM ....................................................................................... 38,958 38,958 

031 AUTOMATED TELECOMMUNICATIONS PRG ..............................

DISA PROGRAMS 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2746 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

032 SPACE BASED IR SENSOR PGM SPACE ....................................... 34,440 34,440 

033 NAVSTAR GPS SPACE ....................................................................... 6,415 6,415 

034 NUDET DETECTION SYS SPACE .................................................... 15,436 15,436 

035 AF SATELLITE CONTROL NETWORK SPACE .............................. 58,865 58,865 

036 SPACELIFT RANGE SYSTEM SPACE ............................................. 100,275 100,275 

037 MILSATCOM SPACE .......................................................................... 110,575 110,575 

038 SPACE MODS SPACE ......................................................................... 30,594 30,594 

039 COUNTERSPACE SYSTEM ............................................................... 29,793 29,793 

ORGANIZATION AND BASE 

040 TACTICAL C-E EQUIPMENT ............................................................ 240,890 207,890 

Reduce Vehicle Communication Systems ....................................... [–33,000] 

041 COMBAT SURVIVOR EVADER LOCATER ...................................... 35,029 35,029 

042 RADIO EQUIPMENT .......................................................................... 15,536 15,536 

043 TV EQUIPMENT (AFRTV) .................................................................

044 CCTV/AUDIOVISUAL EQUIPMENT ................................................. 12,961 12,961 

045 BASE COMM INFRASTRUCTURE ................................................... 121,049 121,049 

MODIFICATIONS 

046 COMM ELECT MODS ......................................................................... 64,087 64,087 

OTHER BASE MAINTENANCE AND SUPPORT EQUIP 

PERSONAL SAFETY & RESCUE EQUIP 

047 NIGHT VISION GOGGLES ................................................................ 28,226 28,226 

048 ITEMS LESS THAN $5,000,000 (SAFETY) ....................................... 17,223 17,223 

DEPOT PLANT+MTRLS HANDLING EQ 

049 MECHANIZED MATERIAL HANDLING EQUIP ............................ 15,449 15,449 

BASE SUPPORT EQUIPMENT 

050 BASE PROCURED EQUIPMENT ...................................................... 14,300 14,300 

051 CONTINGENCY OPERATIONS ......................................................... 22,973 10,000 

Reduce program growth ................................................................... [–12,973] 

052 PRODUCTIVITY CAPITAL INVESTMENT ...................................... 3,020 3,020 

053 MOBILITY EQUIPMENT .................................................................... 32,855 32,855 

054 ITEMS LESS THAN $5,000,000 (BASE S) ........................................ 8,195 11,195 

Aircrew Body Armor and Load Carriage Vest ................................ [3,000] 

SPECIAL SUPPORT PROJECTS 

056 DARP RC135 ........................................................................................ 23,132 23,132 

057 DISTRIBUTED GROUND SYSTEMS ................................................ 293,640 293,640 

059 SPECIAL UPDATE PROGRAM .......................................................... 471,234 471,234 

060 DEFENSE SPACE RECONNAISSANCE PROG. .............................. 30,041 30,041 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 13,830,722 13,830,722 

SPARES AND REPAIR PARTS 

061 SPARES AND REPAIR PARTS .......................................................... 19,460 19,460 

061a Procurement of computer services / systems ......................................

TOTAL—OTHER PROCUREMENT, AIR FORCE ...................... 17,293,141 17,133,668 

MINE RESISTANT AMBUSH PROT VEH FUND 

MINE RESISTANT AMBUSH PROT VEH FUND ........................... 600,000 

Additional MRAP vehicles to meet new requirement .................... [600,000] 

TOTAL—MINE RESISTANT AMBUSH PROT VEH FUND ..... 600,000 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT 

MAJOR EQUIPMENT, AFIS 

001 MAJOR EQUIPMENT, AFIS ..............................................................

MAJOR EQUIPMENT, BTA 

002 MAJOR EQUIPMENT, BTA ............................................................... 8,858 8,858 

MAJOR EQUIPMENT, DCAA 

003 ITEMS LESS THAN $5 MILLION ..................................................... 1,489 1,489 

MAJOR EQUIPMENT, DCMA 

004 MAJOR EQUIPMENT ......................................................................... 2,012 2,012 

MAJOR EQUIPMENT, DHRA 

005 PERSONNEL ADMINISTRATION .................................................... 10,431 10,431 

MAJOR EQUIPMENT, DISA 

017 INTERDICTION SUPPORT ................................................................

018 INFORMATION SYSTEMS SECURITY ............................................ 13,449 13,449 

019 GLOBAL COMMAND AND CONTROL SYSTEM ............................ 7,053 7,053 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2747 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

020 GLOBAL COMBAT SUPPORT SYSTEM .......................................... 2,820 2,820 

021 TELEPORT PROGRAM ....................................................................... 68,037 68,037 

022 ITEMS LESS THAN $5 MILLION ..................................................... 196,232 196,232 

023 NET CENTRIC ENTERPRISE SERVICES (NCES) ......................... 3,051 3,051 

024 DEFENSE INFORMATION SYSTEM NETWORK (DISN) .............. 89,725 89,725 

025 PUBLIC KEY INFRASTRUCTURE ................................................... 1,780 1,780 

026 JOINT COMMAND AND CONTROL PROGRAM ............................ 2,835 2,835 

027 CYBER SECURITY INITIATIVE ....................................................... 18,188 18,188 

MAJOR EQUIPMENT, DLA 

028 MAJOR EQUIPMENT ......................................................................... 7,728 7,728 

MAJOR EQUIPMENT, DMACT 

029 MAJOR EQUIPMENT ......................................................................... 10,149 10,149 

MAJOR EQUIPMENT, DODEA 

030 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ........... 1,463 1,463 

MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY 

031 EQUIPMENT ........................................................................................

032 VEHICLES ............................................................................................ 50 50 

033 OTHER MAJOR EQUIPMENT ........................................................... 7,447 7,447 

MAJOR EQUIPMENT, DTSA 

034 MAJOR EQUIPMENT ......................................................................... 436 436 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

035 THAAD SYSTEM ................................................................................. 420,300 420,300 

036 SM–3 ...................................................................................................... 168,723 191,923 

Additional SM–3 Block 1A missiles ................................................ [23,200] 

036A TPY–2 Radar ........................................................................................

MAJOR EQUIPMENT, NSA 

044 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ............ 4,013 4,013 

MAJOR EQUIPMENT, OSD 

047 MAJOR EQUIPMENT, OSD ............................................................... 111,487 111,487 

MAJOR EQUIPMENT, TJS 

048 MAJOR EQUIPMENT, TJS ................................................................ 12,065 12,065 

MAJOR EQUIPMENT, WHS 

049 WHS MOTOR VEHICLES ...................................................................

050 MAJOR EQUIPMENT, WHS .............................................................. 26,945 26,945 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 818,766 818,766 

SPECIAL OPERATIONS COMMAND 

AVIATION PROGRAMS 

051 ROTARY WING UPGRADES AND SUSTAINMENT ....................... 101,936 101,936 

052 MH–47 SERVICE LIFE EXTENSION PROGRAM ........................... 22,958 22,958 

053 MH–60 SOF MODERNIZATION PROGRAM .................................... 146,820 146,820 

054 NON-STANDARD AVIATION ............................................................ 227,552 197,552 

Procurement Schedule ...................................................................... [–30,000] 

055 UNMANNED VEHICLES ...................................................................

056 SOF TANKER RECAPITALIZATION ................................................ 34,200 34,200 

057 SOF U–28 .............................................................................................. 2,518 2,518 

058 MC–130H, COMBAT TALON II .........................................................

059 CV–22 SOF MOD ................................................................................. 114,553 114,553 

060 MQ–1 UAV ............................................................................................ 10,930 10,930 

061 MQ–9 UAV ............................................................................................ 12,671 12,671 

062 STUASL0 .............................................................................................. 12,223 12,223 

063 C–130 MODIFICATIONS .................................................................... 59,950 145,950 

MC–130W multi-mission modifications .......................................... [85,000] 

Intelligence Broadcast Receiver (IBR) for AFSOC MC–130 .......... [1,000] 

064 AIRCRAFT SUPPORT ......................................................................... 973 973 

SHIPBUILDING 

065 ADVANCED SEAL DELIVERY SYSTEM (ASDS) ............................ 5,236 0 

Program termination ........................................................................ [–5,236] 

066 MK8 MOD1 SEAL DELIVERY VEHICLE ......................................... 1,463 1,463 

AMMUNITION PROGRAMS 

067 SOF ORDNANCE REPLENISHMENT .............................................. 61,360 61,360 

068 SOF ORDNANCE ACQUISITION ...................................................... 26,791 26,791 

OTHER PROCUREMENT PROGRAMS 

069 COMMUNICATIONS EQUIPMENT AND ELECTRONICS ............ 55,080 55,080 

070 SOF INTELLIGENCE SYSTEMS ....................................................... 72,811 72,811 

071 SMALL ARMS AND WEAPONS ........................................................ 35,235 42,735 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2748 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

Advanced lightweight grenade launcher ......................................... [5,000] 

Special Operations Forces Combat Assault Rifle (SCAR) ............. [2,500] 

072 MARITIME EQUIPMENT MODIFICATIONS .................................. 791 791 

073 SPEC APPLICATION FOR CONT .....................................................

074 SOF COMBATANT CRAFT SYSTEMS .............................................. 6,156 16,156 

Special Operations Craft-Riverine ................................................... [10,000] 

075 SPARES AND REPAIR PARTS .......................................................... 2,010 2,010 

076 TACTICAL VEHICLES ........................................................................ 18,821 18,821 

077 MISSION TRAINING AND PREPARATION SYSTEMS ................. 17,265 17,265 

078 COMBAT MISSION REQUIREMENTS ............................................. 20,000 20,000 

079 MILCON COLLATERAL EQUIPMENT ............................................ 6,835 6,835 

081 SOF AUTOMATION SYSTEMS ......................................................... 60,836 60,836 

082 SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES ................... 12,401 12,401 

083 SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ........... 26,070 26,070 

084 SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS .......... 550 550 

085 SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS.33,741 38,741 

Special operations visual augmentation systems ........................... [5,000] 

086 SOF TACTICAL RADIO SYSTEMS ................................................... 53,034 63,034 

Special operations forces multi-band inter/intra team radio ........ [10,000] 

087 SOF MARITIME EQUIPMENT .......................................................... 2,777 2,777 

088 DRUG INTERDICTION .......................................................................

089 MISCELLANEOUS EQUIPMENT ..................................................... 7,576 7,576 

090 SOF OPERATIONAL ENHANCEMENTS ......................................... 273,998 273,998 

091 PSYOP EQUIPMENT .......................................................................... 43,081 43,081 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 5,573 5,573 

CHEMICAL/BIOLOGICAL DEFENSE 

CBDP 

092 Installation Force Protection ............................................................... 65,590 65,590 

093 Individual Force Protection ................................................................. 92,004 92,004 

094 Decontamination ................................................................................... 22,008 22,008 

095 Joint Bio Defense Program (Medical) ................................................. 12,740 12,740 

096 Collective Protection ............................................................................. 27,938 27,938 

097 Contamination Avoidance .................................................................... 151,765 151,765 

097a Procurement of computer services / systems ......................................

TOTAL—PROCUREMENT, DEFENSE-WIDE ............................. 3,984,352 4,090,816 

RAPID ACQUISITION FUND 

001 JOINT RAPID ACQUISITION CELL ................................................. 79,300 0 

Program Reduction ........................................................................... [–79,300] 

TOTAL—RAPID ACQUISITION FUND ........................................ 79,300 0 

NATIONAL GUARD & RESERVE EQUIPMENT 

RESERVE EQUIPMENT 

UNDISTRIBUTED ............................................................................... 600,000 

ARMY RESERVE 

001 MISCELLANEOUS EQUIPMENT .....................................................

NAVY RESERVE 

002 MISCELLANEOUS EQUIPMENT .....................................................

MARINE CORPS RESERVE 

003 MISCELLANEOUS EQUIPMENT .....................................................

AIR FORCE RESERVE 

004 MISCELLANEOUS EQUIPMENT .....................................................

ARMY NATIONAL GUARD 

005 MISCELLANEOUS EQUIPMENT .....................................................

AIR NATIONAL GUARD 

006 MISCELLANEOUS EQUIPMENT .....................................................

TOTAL—NATIONAL GUARD & RESERVE EQUIPMENT ...... 0 600,000 

Total Procurement ............................................................................ 105,819,330 105,029,379 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2749 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

AIRCRAFT PROCUREMENT, ARMY 

AIRCRAFT 

FIXED WING 

003 MQ–1 UAV ............................................................................................ 250,000 250,000 

004 RQ–11 (RAVEN) ................................................................................... 44,640 44,640 

004A C–12A .................................................................................................... 45,000 45,000 

ROTARY WING 

011 UH–60 BLACKHAWK (MYP) ............................................................. 74,340 74,340 

013 CH–47 HELICOPTER .......................................................................... 141,200 141,200 

MODIFICATION OF AIRCRAFT 

018 GUARDRAIL MODS (MIP) ................................................................. 50,210 50,210 

019 MULTI SENSOR ABN RECON (MIP) ............................................... 54,000 54,000 

020 AH–64 MODS ....................................................................................... 315,300 315,300 

026 UTILITY HELICOPTER MODS ......................................................... 2,500 2,500 

027 KIOWA WARRIOR ............................................................................... 94,335 94,335 

030 RQ–7 UAV MODS ................................................................................ 326,400 326,400 

030A C–12A .................................................................................................... 60,000 60,000 

SPARES AND REPAIR PARTS 

031 SPARE PARTS (AIR) ........................................................................... 18,200 18,200 

SUPPORT EQUIPMENT AND FACILITIES 

GROUND SUPPORT AVIONICS 

033 ASE INFRARED CM ........................................................................... 111,600 111,600 

OTHER SUPPORT 

035 COMMON GROUND EQUIPMENT ................................................... 23,704 23,704 

036 AIRCREW INTEGRATED SYSTEMS ................................................ 24,800 24,800 

TOTAL—AIRCRAFT PROCUREMENT, ARMY .......................... 1,636,229 1,636,229 

MISSILE PROCUREMENT, ARMY 

OTHER MISSILES 

AIR-TO-SURFACE MISSILE SYSTEM 

005 HELLFIRE SYS SUMMARY ............................................................... 219,700 219,700 

ANTI-TANK/ASSAULT MISSILE SYSTEM 

006 JAVELIN (AAWS-M) SYSTEM SUMMARY ...................................... 140,979 115,979 

Funding ahead of need ..................................................................... [–25,000] 

007 TOW 2 SYSTEM SUMMARY .............................................................. 59,200 34,200 

Funding ahead of need ..................................................................... [–25,000] 

008 GUIDED MLRS ROCKET (GMLRS) .................................................. 60,600 60,600 

MODIFICATIONS 

014 MLRS MODS ........................................................................................ 18,772 18,772 

015 HIMARS MODIFICATIONS ............................................................... 32,319 32,319 

TOTAL—MISSILE PROCUREMENT, ARMY .............................. 531,570 481,570 

PROCUREMENT OF WEAPONS & TRACKED COMBAT VEHICLES 

MODIFICATION OF TRACKED COMBAT VEHICLES 

009 FIST VEHICLE (MOD) ........................................................................ 36,000 36,000 

010 BRADLEY PROGRAM (MOD) ............................................................ 243,600 243,600 

011 HOWITZER, MED SP FT 155MM M109A6 (MOD) .......................... 37,620 37,620 

SUPPORT EQUIPMENT & FACILITIES 

WEAPONS AND OTHER COMBAT VEHICLES 

027 XM320 GRENADE LAUNCHER MODULE (GLM) .......................... 13,900 13,900 

031 COMMON REMOTELY OPERATED WEAPONS STATION (CRO 235,000 235,000 

033 HOWITZER LT WT 155MM (T) .......................................................... 107,996 107,996 

MOD OF WEAPONS AND OTHER COMBAT VEH 

036 M2 50 CAL MACHINE GUN MODS .................................................. 27,600 27,600 

037 M249 SAW MACHINE GUN MODS .................................................. 20,900 20,900 

038 M240 MEDIUM MACHINE GUN MODS .......................................... 4,800 4,800 

040 M119 MODIFICATIONS ..................................................................... 21,250 21,250 

041A M14 7.62 RIFLE MODS ....................................................................... 5,800 5,800 

SUPPORT EQUIPMENT & FACILITIES 

043 ITEMS LESS THAN $5.0M (WOCV-WTCV) ..................................... 5,000 5,000 


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123 STAT. 2750 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

TOTAL—PROCUREMENT OF WTCV, ARMY ............................. 759,466 759,466 

PROCUREMENT OF AMMUNITION, ARMY 

AMMUNITION 

SMALL/MEDIUM CALIBER AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ................................................................. 22,000 22,000 

002 CTG, 7.62MM, ALL TYPES ................................................................. 8,300 8,300 

003 CTG, HANDGUN, ALL TYPES .......................................................... 500 500 

004 CTG, .50 CAL, ALL TYPES ................................................................ 26,500 26,500 

006 CTG, 30MM, ALL TYPES .................................................................... 530 530 

MORTAR AMMUNITION 

008 60MM MORTAR, ALL TYPES ............................................................ 20,000 20,000 

TANK AMMUNITION 

ARTILLERY AMMUNITION 

014 CTG, ARTY, 105MM: ALL TYPES ..................................................... 9,200 9,200 

016 PROJ 155MM EXTENDED RANGE XM982 ..................................... 52,200 52,200 

017 MODULAR ARTILLERY CHARGE SYSTEM (MACS), ALL T ....... 10,000 10,000 

ARTILLERY FUZES 

018 ARTILLERY FUZES, ALL TYPES ..................................................... 7,800 7,800 

MINES 

019 MINES, ALL TYPES ............................................................................ 5,000 5,000 

020 MINE, CLEARING CHARGE, ALL TYPES ...................................... 7,000 7,000 

ROCKETS 

024 ROCKET, HYDRA 70, ALL TYPES .................................................... 169,505 169,505 

OTHER AMMUNITION 

027 SIGNALS, ALL TYPES ........................................................................ 100 100 

MISCELLANEOUS 

030 NON-LETHAL AMMUNITION, ALL TYPES .................................... 32,000 32,000 

TOTAL—PROCUREMENT OF AMMUNITION, ARMY ............. 370,635 370,635 

OTHER PROCUREMENT, ARMY 

TACTICAL AND SUPPORT VEHICLES 

TACTICAL VEHICLES 

001 TACTICAL TRAILERS/DOLLY SETS ............................................... 1,948 1,948 

002 SEMITRAILERS, FLATBED: .............................................................. 40,403 40,403 

003 SEMITRAILERS, TANKERS .............................................................. 8,651 8,651 

004 HI MOB MULTI-PURP WHLD VEH (HMMWV) .............................. 1,251,038 875,718 

Army end strength budget amendment .......................................... [–375,320] 

005 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ............................ 461,657 286,337 

Army end strength budget amendment .......................................... [–175,320] 

007 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ..................... 623,230 623,230 

009 ARMORED SECURITY VEHICLES (ASV) ........................................ 13,206 13,206 

012 TRUCK, TRACTOR, LINE HAUL, M915/M916 ................................ 62,654 62,654 

COMMUNICATIONS AND ELECTRONICS EQUIPMENT 

COMM-JOINT COMMUNICATIONS 

023 WIN-T—GROUND FORCES TACTICAL NETWORK ...................... 13,500 13,500 

COMM—SATELLITE COMMUNICATIONS 

028 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ................. 53,486 53,486 

029 SMART-T (SPACE) .............................................................................. 26,000 26,000 

032 MOD OF IN-SVC EQUIP (TAC SAT) ................................................. 23,900 23,900 

COMM—COMBAT SUPPORT COMM 

032A MOD-IN-SERVICE PROFILER .......................................................... 6,070 6,070 

COMM—COMBAT COMMUNICATIONS 

034 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ............... 239 239 

037 SINCGARS FAMILY ............................................................................ 128,180 53,180 

Unjustified program growth ............................................................. [–75,000] 

038 AMC CRITICAL ITEMS—OPA2 ......................................................... 100,000 100,000 

046 RADIO, IMPROVED HF (COTS) FAMILY ........................................ 11,286 11,286 

047 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) .................. 18 18 

INFORMATION SECURITY 

050 INFORMATION SYSTEM SECURITY PROGRAM-ISSP ................ 32,095 32,095 

COMM—BASE COMMUNICATIONS 

055 INFORMATION SYSTEMS ................................................................. 330,342 330,342 

057 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .... 227,733 227,733 

ELECT EQUIP—TACT INT REL ACT (TIARA) 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2751 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

062 JTT/CIBS-M (MIP) ............................................................................... 1,660 1,660 

066 DIGITAL TOPOGRAPHIC SPT SYS (DTSS) (MIP) .......................... 265 265 

069 DCGS-A (MIP) ...................................................................................... 167,100 167,100 

073 CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP ........ 34,208 34,208 

075 ITEMS LESS THAN $5.0M (MIP) ...................................................... 5,064 5,064 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

076 LIGHTWEIGHT COUNTER MORTAR RADAR ............................... 58,590 58,590 

077 WARLOCK ............................................................................................ 164,435 164,435 

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES .. 126,030 126,030 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

082 NIGHT VISION DEVICES .................................................................. 93,183 93,183 

084 NIGHT VISION, THERMAL WPN SIGHT ........................................ 25,000 25,000 

085 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF .............. 15,000 15,000 

087 COUNTER-ROCKET, ARTILLERY & MORTAR (C-RAM) .............. 150,400 150,400 

091 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE .... 1,900 1,900 

094 FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) ........... 242,999 242,999 

096 LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER (LLD .... 97,020 97,020 

097 COMPUTER BALLISTICS: LHMBC XM32 ....................................... 3,780 3,780 

099 COUNTERFIRE RADARS ................................................................... 26,000 26,000 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

103 FIRE SUPPORT C2 FAMILY ............................................................. 14,840 14,840 

104 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC .. 16 16 

107 KNIGHT FAMILY ................................................................................ 178,500 178,500 

113 NETWORK MANAGEMENT INITIALIZATION AND SERVICE ... 58,900 58,900 

114 MANEUVER CONTROL SYSTEM (MCS) ......................................... 5,000 5,000 

115 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ........................ 1,440 1,440 

ELECT EQUIP—SUPPORT 

CLASSIFIED PROGRAMS .................................................................. 760 760 

CHEMICAL DEFENSIVE EQUIPMENT 

129 PROTECTIVE SYSTEMS .................................................................... 44,460 44,460 

130 CBRN SOLDIER PROTECTION ........................................................ 38,811 38,811 

BRIDGING EQUIPMENT 

133 TACTICAL BRIDGE, FLOAT-RIBBON ............................................. 13,525 13,525 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

136 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) ..... 10,800 10,800 

COMBAT SERVICE SUPPORT EQUIPMENT 

140 LAUNDRIES, SHOWERS AND LATRINES ..................................... 21,561 21,561 

142 LIGHTWEIGHT MAINTENANCE ENCLOSURE (LME) ................ 1,955 1,955 

146 FORCE PROVIDER ............................................................................. 245,382 245,382 

147 FIELD FEEDING EQUIPMENT ........................................................ 4,011 4,011 

150 ITEMS LESS THAN $5M (ENG SPT) ................................................ 4,987 4,987 

PETROLEUM EQUIPMENT 

152 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ................... 58,554 58,554 

WATER EQUIPMENT 

153 WATER PURIFICATION SYSTEMS ................................................. 3,017 3,017 

MEDICAL EQUIPMENT 

154 COMBAT SUPPORT MEDICAL ......................................................... 11,386 11,386 

MAINTENANCE EQUIPMENT 

155 MOBILE MAINTENANCE EQUIPMENT SYSTEMS ...................... 12,365 12,365 

156 ITEMS LESS THAN $5.0M (MAINT EQ) .......................................... 546 546 

CONSTRUCTION EQUIPMENT 

162 LOADERS ............................................................................................. 1,100 1,100 

163 HYDRAULIC EXCAVATOR ................................................................ 290 290 

166 PLANT, ASPHALT MIXING ............................................................... 2,500 2,500 

167 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) FOS ........... 16,500 16,500 

169 ITEMS LESS THAN $5.0M (CONST EQUIP) ................................... 360 360 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

172 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ...................................... 3,550 3,550 

GENERATORS 

173 GENERATORS AND ASSOCIATED EQUIP ..................................... 62,210 62,210 

MATERIAL HANDLING EQUIPMENT 

174 ROUGH TERRAIN CONTAINER HANDLER (RTCH) .................... 54,360 54,360 

175 ALL TERRAIN LIFTING ARMY SYSTEM ....................................... 49,319 49,319 

TRAINING EQUIPMENT 

176 COMBAT TRAINING CENTERS SUPPORT .................................... 60,200 60,200 

177 TRAINING DEVICES, NONSYSTEM ................................................ 28,200 28,200 

TEST MEASURE AND DIG EQUIPMENT (TMD) 


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PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

182 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ................ 1,524 1,524 

183 TEST EQUIPMENT MODERNIZATION (TEMOD) ......................... 3,817 3,817 

OTHER SUPPORT EQUIPMENT 

184 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ............... 27,000 27,000 

187 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ..................... 555,950 555,950 

TOTAL—OTHER PROCUREMENT, ARMY ................................. 6,225,966 5,600,326 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 

NETWORK ATTACK 

001 ATTACK THE NETWORK .................................................................. 812,000 1,015,100 

Transfer from base budget ............................................................... [203,100] 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE ....................................................................... 536,000 735,100 

Transfer from base budget ............................................................... [199,100] 

FORCE TRAINING 

003 TRAIN THE FORCE ............................................................................ 187,000 228,100 

Transfer from base budget ............................................................... [41,100] 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS ...................................................................................... 121,550 

Transfer from base budget ............................................................... [121,550] 

TOTAL—JOINT IED DEFEAT FUND ........................................... 1,535,000 2,099,850 

AIRCRAFT PROCUREMENT, NAVY 

COMBAT AIRCRAFT 

010 UH–1Y/AH–1Z ...................................................................................... 55,006 55,006 

MODIFICATION OF AIRCRAFT 

028 EA–6 SERIES ....................................................................................... 45,000 45,000 

029 AV–8 SERIES ....................................................................................... 28,296 19,396 

ALE–47 upgrades complete .............................................................. [–8,900] 

030 F–18 SERIES ........................................................................................ 96,000 96,000 

031 H–46 SERIES ....................................................................................... 17,485 17,485 

033 H–53 SERIES ....................................................................................... 164,730 164,730 

034 SH–60 SERIES ..................................................................................... 11,192 11,192 

035 H–1 SERIES ......................................................................................... 11,217 11,217 

037 P–3 SERIES .......................................................................................... 74,900 74,900 

039 E–2 SERIES .......................................................................................... 17,200 17,200 

041 C–2A ...................................................................................................... 14,100 14,100 

042 C–130 SERIES ...................................................................................... 52,324 52,324 

049 POWER PLANT CHANGES ............................................................... 4,456 0 

Non-emergency modifications .......................................................... [–4,456] 

052 COMMON ECM EQUIPMENT ........................................................... 263,382 263,382 

054 COMMON DEFENSIVE WEAPON SYSTEM ................................... 5,500 5,500 

056 V–22 (TILT/ROTOR ACFT) OSPREY ................................................. 53,500 53,500 

AIRCRAFT SPARES AND REPAIR PARTS 

057 SPARES AND REPAIR PARTS .......................................................... 2,265 2,265 

TOTAL—AIRCRAFT PROCUREMENT, NAVY ........................... 916,553 903,197 

010 HELLFIRE ............................................................................................ 73,700 50,700 

Army end strength budget amendment .......................................... [–23,000] 

TOTAL—WEAPONS PROCUREMENT, NAVY ............................ 73,700 50,700 

PROCUREMENT OF AMMUNITION, NAVY & MARINE 

CORPS 

PROC AMMO, NAVY 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ........................................................... 40,500 40,500 

003 AIRBORNE ROCKETS, ALL TYPES ................................................. 42,510 42,510 

004 MACHINE GUN AMMUNITION ....................................................... 109,200 80,377 

Army end strength budget amendment .......................................... [–28,823] 

007 AIR EXPENDABLE COUNTERMEASURES .................................... 5,501 5,501 

009 5 INCH/54 GUN AMMUNITION ........................................................ 352 352 

011 OTHER SHIP GUN AMMUNITION .................................................. 2,835 2,835 

012 SMALL ARMS & LANDING PARTY AMMO .................................... 14,229 14,229 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2753 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

013 PYROTECHNIC AND DEMOLITION ................................................ 1,442 1,442 

PROC AMMO, MC 

MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ........................................................... 16,930 16,930 

016 LINEAR CHARGES, ALL TYPES ...................................................... 5,881 5,881 

017 40 MM, ALL TYPES ............................................................................ 104,824 104,824 

018 60MM, ALL TYPES .............................................................................. 43,623 43,623 

019 81MM, ALL TYPES .............................................................................. 103,647 103,647 

020 120MM, ALL TYPES ............................................................................ 62,265 62,265 

021 CTG 25MM, ALL TYPES ..................................................................... 563 563 

022 GRENADES, ALL TYPES ................................................................... 6,074 6,074 

023 ROCKETS, ALL TYPES ...................................................................... 8,117 8,117 

024 ARTILLERY, ALL TYPES ................................................................... 81,975 81,975 

026 DEMOLITION MUNITIONS, ALL TYPES ....................................... 9,241 9,241 

027 FUZE, ALL TYPES .............................................................................. 51,071 51,071 

TOTAL—PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS.710,780 681,957 

OTHER PROCUREMENT, NAVY 

OTHER SHIPBOARD EQUIPMENT 

018 UNDERWATER EOD PROGRAMS .................................................... 12,040 12,040 

SMALL BOATS 

025 STANDARD BOATS ............................................................................ 13,000 13,000 

COMMUNICATIONS AND ELECTRONICS EQUIPMENT 

AVIATION ELECTRONIC EQUIPMENT 

056 MATCALS ............................................................................................. 400 400 

SHIPBOARD COMMUNICATIONS 

076 SHIP COMMUNICATIONS AUTOMATION ..................................... 1,500 1,500 

AIRCRAFT SUPPORT EQUIPMENT 

092 EXPEDITIONARY AIRFIELDS .......................................................... 37,345 37,345 

097 AVIATION LIFE SUPPORT ............................................................... 17,883 17,883 

ORDNANCE SUPPORT EQUIPMENT 

OTHER ORDNANCE SUPPORT EQUIPMENT 

115 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ................................. 43,650 43,650 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

120 PASSENGER CARRYING VEHICLES .............................................. 25 25 

121 GENERAL PURPOSE TRUCKS ......................................................... 93 93 

122 CONSTRUCTION & MAINTENANCE EQUIP ................................. 11,167 11,167 

124 TACTICAL VEHICLES ........................................................................ 54,008 54,008 

127 ITEMS UNDER $5 MILLION ............................................................. 10,842 10,842 

128 PHYSICAL SECURITY VEHICLES ................................................... 1,130 1,130 

SUPPLY SUPPORT EQUIPMENT 

129 MATERIALS HANDLING EQUIPMENT .......................................... 25 25 

PERSONNEL AND COMMAND SUPPORT EQUIPMENT 

COMMAND SUPPORT EQUIPMENT 

134 COMMAND SUPPORT EQUIPMENT ............................................... 4,000 4,000 

139 OPERATING FORCES SUPPORT EQUIPMENT ............................. 15,452 15,452 

140 C4ISR EQUIPMENT ............................................................................ 3,100 3,100 

142 PHYSICAL SECURITY EQUIPMENT ............................................... 89,521 64,521 

OCO unjustified request ................................................................... [–25,000] 

SPARES AND REPAIR PARTS 

145 SPARES AND REPAIR PARTS .......................................................... 2,837 2,837 

TOTAL—OTHER PROCUREMENT, NAVY ................................. 318,018 293,018 

PROCUREMENT, MARINE CORPS 

WEAPONS AND COMBAT VEHICLES 

TRACKED COMBAT VEHICLES 

002 LAV PIP ................................................................................................ 58,229 58,229 

ARTILLERY AND OTHER WEAPONS 

006 155MM LIGHTWEIGHT TOWED HOWITZER ................................ 54,000 0 

Army end strength budget amendment .......................................... [–54,000] 

008 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ...... 3,351 3,351 

OTHER SUPPORT 

010 MODIFICATION KITS ........................................................................ 20,183 20,183 

011 WEAPONS ENHANCEMENT PROGRAM ........................................ 9,151 9,151 


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123 STAT. 2754 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

GUIDED MISSILES AND EQUIPMENT 

OTHER SUPPORT 

016 MODIFICATION KITS ........................................................................ 8,506 8,506 

COMMUNICATIONS & ELECTRONICS EQUIPMENT 

REPAIR AND TEST EQUIPMENT 

018 REPAIR AND TEST EQUIPMENT .................................................... 11,741 11,741 

OTHER SUPPORT (TEL) 

019 COMBAT SUPPORT SYSTEM ........................................................... 462 462 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

021 ITEMS UNDER $5 MILLION (COMM & ELEC) .............................. 4,153 4,153 

022 AIR OPERATIONS C2 SYSTEMS ...................................................... 3,096 3,096 

RADAR + EQUIPMENT (NON-TEL) 

023 RADAR SYSTEMS ............................................................................... 3,417 3,417 

INTELL/COMM EQUIPMENT (NON-TEL) 

024 FIRE SUPPORT SYSTEM ................................................................... 521 521 

025 INTELLIGENCE SUPPORT EQUIPMENT ...................................... 37,547 37,547 

026 RQ–11 UAV ........................................................................................... 13,000 13,000 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

027 NIGHT VISION EQUIPMENT ........................................................... 12,570 0 

Army end strength budget amendment .......................................... [–12,570] 

OTHER SUPPORT (NON-TEL) 

028 COMMON COMPUTER RESOURCES .............................................. 23,105 23,105 

029 COMMAND POST SYSTEMS ............................................................. 23,041 23,041 

030 RADIO SYSTEMS ................................................................................ 32,497 32,497 

031 COMM SWITCHING & CONTROL SYSTEMS ................................. 2,044 2,044 

032 COMM & ELEC INFRASTRUCTURE SUPPORT ............................ 64 64 

SUPPORT VEHICLES 

ADMINISTRATIVE VEHICLES 

035 5/4T TRUCK HMMWV (MYP) ............................................................ 205,036 205,036 

036 MOTOR TRANSPORT MODIFICATIONS ......................................... 10,177 0 

Army end strength budget amendment .......................................... [–10,177] 

037 MEDIUM TACTICAL VEHICLE REPLACEMENT .......................... 131,044 131,044 

038 LOGISTICS VEHICLE SYSTEM REP ............................................... 59,219 59,219 

039 FAMILY OF TACTICAL TRAILERS .................................................. 13,388 13,388 

OTHER SUPPORT 

ENGINEER AND OTHER EQUIPMENT 

042 ENVIRONMENTAL CONTROL EQUIP ASSORT ............................ 5,119 5,119 

043 BULK LIQUID EQUIPMENT ............................................................. 4,549 4,549 

044 TACTICAL FUEL SYSTEMS .............................................................. 33,421 33,421 

045 POWER EQUIPMENT ASSORTED ................................................... 24,860 24,860 

047 EOD SYSTEMS .................................................................................... 47,697 47,697 

MATERIALS HANDLING EQUIPMENT 

048 PHYSICAL SECURITY EQUIPMENT ............................................... 19,720 2,720 

Army end strength budget amendment .......................................... [–17,000] 

050 MATERIAL HANDLING EQUIP ........................................................ 56,875 56,875 

GENERAL PROPERTY 

053 TRAINING DEVICES .......................................................................... 157,734 147,304 

Army end strength budget amendment .......................................... [–10,430] 

055 FAMILY OF CONSTRUCTION EQUIPMENT ................................. 35,818 35,818 

058 RAPID DEPLOYABLE KITCHEN ...................................................... 55 55 

OTHER SUPPORT 

059 ITEMS LESS THAN $5 MILLION ..................................................... 39,055 39,055 

SPARES AND REPAIR PARTS 

TOTAL—PROCUREMENT, MARINE CORPS ............................ 1,164,445 1,060,268 

AIRCRAFT PROCUREMENT, AIR FORCE 

OTHER AIRLIFT 

006 C–130J ................................................................................................... 72,000 72,000 

OTHER AIRCRAFT 

CLASSIFIED PROGRAMS 

MODIFICATION OF IN-SERVICE AIRCRAFT 

STRATEGIC AIRCRAFT 

028 B–1B ...................................................................................................... 20,500 20,500 

TACTICAL AIRCRAFT 

030 A–10 ....................................................................................................... 10,000 10,000 

032 F–16 ....................................................................................................... 20,025 0 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2755 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

Army end strength budget amendment—secure line-of-sight/beyond line-of-sight mods.[–20,025] 

AIRLIFT AIRCRAFT 

034 C–5 ......................................................................................................... 57,400 57,400 

037 C–17A .................................................................................................... 132,300 120,725 

Army end strength budget amendment—LAIRCM mods ............. [–11,575] 

OTHER AIRCRAFT 

052 C–130 ..................................................................................................... 210,800 86,400 

Army end strength budget amendment—LAIRCM mods ............. [–124,400] 

054 C–135 ..................................................................................................... 16,916 16,916 

056 DARP ..................................................................................................... 10,300 10,300 

063 HC/MC–130 MODIFICATIONS .......................................................... 7,000 7,000 

064 OTHER AIRCRAFT ............................................................................. 90,000 90,000 

065 MQ–1 MODS ......................................................................................... 65,000 65,000 

066 MQ–9 MODS ......................................................................................... 99,200 99,200 

AIRCRAFT SUPPORT EQUIPMENT AND FACILITIES 

POST PRODUCTION SUPPORT 

076 C–17A .................................................................................................... 11,000 11,000 

WAR CONSUMABLES 

OTHER PRODUCTION CHARGES 

085 OTHER PRODUCTION CHARGES ................................................... 114,000 114,000 

TOTAL—AIRCRAFT PROCUREMENT, AIR FORCE ............... 936,441 780,441 

PROCUREMENT OF AMMUNITION, AIR FORCE 

ROCKETS 

001 ROCKETS ............................................................................................. 3,488 3,488 

CARTRIDGES 

002 CARTRIDGES ....................................................................................... 39,236 39,236 

BOMBS 

004 GENERAL PURPOSE BOMBS ........................................................... 34,085 34,085 

005 JOINT DIRECT ATTACK MUNITION .............................................. 97,978 97,978 

FLARE, IR MJU–7B 

007 EXPLOSIVE ORDINANCE DISPOSAL (EOD) ................................. 4,800 4,800 

FUZES 

011 FLARES ................................................................................................ 41,000 41,000 

012 FUZES ................................................................................................... 14,595 14,595 

WEAPONS 

SMALL ARMS 

013 SMALL ARMS ...................................................................................... 21,637 21,637 

TOTAL—PROCUREMENT OF AMMUNITION, AIR FORCE .. 256,819 256,819 

MISSILE PROCUREMENT, AIR FORCE 

OTHER MISSILES 

TACTICAL 

005 PREDITOR HELLFIRE MISSILE ...................................................... 29,325 29,325 

006 SMALL DIAMETER BOMB ................................................................ 7,300 7,300 

TOTAL—MISSILE PROCUREMENT, AIR FORCE ................... 36,625 36,625 

OTHER PROCUREMENT, AIR FORCE 

VEHICULAR EQUIPMENT 

CARGO + UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE ........................................................ 3,364 3,364 

SPECIAL PURPOSE VEHICLES 

004 SECURITY AND TACTICAL VEHICLES ......................................... 11,337 11,337 

FIRE FIGHTING EQUIPMENT 

005 FIRE FIGHTING/CRASH RESCUE VEHICLES .............................. 8,626 8,626 

MATERIALS HANDLING EQUIPMENT 

SPCL COMM-ELECTRONICS PROJECTS 

023 AIR FORCE PHYSICAL SECURITY SYSTEM ................................. 1,600 1,600 

DISA PROGRAMS 

037 MILSATCOM SPACE .......................................................................... 714 714 

OTHER BASE MAINTENANCE AND SUPPORT EQUIP 

PERSONAL SAFETY & RESCUE EQUIP 

047 NIGHT VISION GOGGLES ................................................................ 14,528 14,528 


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123 STAT. 2756 PUBLIC LAW 111–84—OCT. 28, 2009 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Agreement 

048 ITEMS LESS THAN $5,000,000 (SAFETY) ....................................... 4,900 4,900 

DEPOT PLANT+MTRLS HANDLING EQ 

BASE SUPPORT EQUIPMENT 

051 CONTINGENCY OPERATIONS ......................................................... 11,300 11,300 

SPECIAL SUPPORT PROJECTS 

060 DEFENSE SPACE RECONNAISSANCE PROG. .............................. 34,400 34,400 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 2,230,780 2,230,780 

TOTAL—OTHER PROCUREMENT, AIR FORCE ...................... 2,321,549 2,321,549 

MINE RESISTANT AMBUSH PROT VEH FUND 

MINE RESISTANT AMBUSH PROT VEH FUND 

MINE RESISTANT AMBUSH PROT VEH FUND ........................... 5,456,000 6,056,000 

Additional MRAP vehicles to meet new requirement .................... [600,000] 

TOTAL—MINE RESISTANT AMBUSH PROT VEH FUND ..... 5,456,000 6,056,000 

PROCUREMENT, DEFENSE-WIDE 

MAJOR EQUIPMENT, DISA 

019 GLOBAL COMMAND AND CONTROL SYSTEM ............................ 1,500 1,500 

021 TELEPORT PROGRAM ....................................................................... 7,411 7,411 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 304,794 304,794 

SPECIAL OPERATIONS COMMAND 

AVIATION PROGRAMS 

052 MH–47 SERVICE LIFE EXTENSION PROGRAM ........................... 5,900 5,900 

057 SOF U–28 .............................................................................................. 3,000 3,000 

060 MQ–1 UAV ............................................................................................ 1,450 0 

Funding Early to Need ..................................................................... [–1,450] 

062 STUASL0 .............................................................................................. 12,000 12,000 

063 C–130 MODIFICATIONS .................................................................... 19,500 19,500 

SHIPBUILDING 

AMMUNITION PROGRAMS 

067 SOF ORDNANCE REPLENISHMENT .............................................. 51,156 51,156 

068 SOF ORDNANCE ACQUISITION ...................................................... 17,560 17,560 

OTHER PROCUREMENT PROGRAMS 

069 COMMUNICATIONS EQUIPMENT AND ELECTRONICS ............ 2,000 2,000 

070 SOF INTELLIGENCE SYSTEMS ....................................................... 23,260 23,260 

071 SMALL ARMS AND WEAPONS ........................................................ 3,800 3,800 

076 TACTICAL VEHICLES ........................................................................ 6,865 6,865 

083 SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ........... 11,000 11,000 

086 SOF TACTICAL RADIO SYSTEMS ................................................... 5,448 5,448 

090 SOF OPERATIONAL ENHANCEMENTS ......................................... 11,900 11,900 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .................................................................. 2,886 2,886 

TOTAL—PROCUREMENT, DEFENSE-WIDE ............................. 491,430 489,980 

Total Procurement ............................................................................ 23,741,226 23,878,630 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2757 

TITLE XLII—RESEARCH, 

DEVELOPMENT, TEST AND EVALUATION 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST AND EVALUATION. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, 

ARMY 

BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH .. 19,671 19,671 

002 0601102A DEFENSE RESEARCH SCIENCES ....................................... 173,024 176,524 

Ballistic materials research .................................................. [3,500] 

003 0601103A UNIVERSITY RESEARCH INITIATIVES ............................. 88,421 92,421 

Nanocomposite materials research ...................................... [2,000] 

Open source intelligence research ........................................ [1,000] 

Smart Wound Dressing for MRSA-Infected Battle 

Wounds.

[1,000] 

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS .... 96,144 98,844 

Immersive simulation research ............................................ [1,200] 

Materials processing research .............................................. [1,500] 

SUBTOTAL, BASIC RESEARCH, ARMY .......................... 377,260 387,460 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY .................................................. 27,206 47,206 

Advanced renewable jet fuels ............................................... [3,000] 

Applied composite materials research ................................. [3,000] 

High strength fibers for ballistic armor applications ......... [2,000] 

Moldable fabric armor ........................................................... [2,000] 

Smart materials and structures ........................................... [1,000] 

Dual Stage Variable Energy Absorber ................................. [3,000] 

Next Generation High Strength Glass Fibers for Ballistic 

Armor Applications.

[2,000] 

Ultra Lightweight Metallic Armor ....................................... [1,000] 

Nanomanufacturing of Multifunctional Sensors ................. [3,000] 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ............... 50,641 53,141 

Nanoelectronic memory, sensor and energy devices ........... [2,500] 

007 0602122A TRACTOR HIP .......................................................................... 14,324 14,324 

008 0602211A AVIATION TECHNOLOGY ..................................................... 41,332 41,332 

009 0602270A ELECTRONIC WARFARE TECHNOLOGY ........................... 16,119 16,119 

010 0602303A MISSILE TECHNOLOGY ........................................................ 50,716 50,716 

011 0602307A ADVANCED WEAPONS TECHNOLOGY .............................. 19,678 19,678 

012 0602308A ADVANCED CONCEPTS AND SIMULATION ..................... 17,473 19,473 

Cognitive modeling and simulation research ...................... [2,000] 

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY 55,937 74,437 

Advanced composite materials research .............................. [3,500] 

Composite vehicle shelters .................................................... [2,000] 

Tactical metal fabrication program ...................................... [1,000] 

Tribology research ................................................................. [2,000] 

Vehicle systems engineering and integration activities ..... [10,000] 

014 0602618A BALLISTICS TECHNOLOGY ................................................. 61,843 65,843 

Electromagnetic gun .............................................................. [–2,000] 

Reactive armor research ....................................................... [3,000] 

Beneficial Infrastructure for Rotorcraft Risk Reduction .... [1,000] 

Lethality research ................................................................. [2,000] 

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING 

TECHNOLOGY.

5,293 5,293 

016 0602623A JOINT SERVICE SMALL ARMS PROGRAM ........................ 7,674 7,674 

017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ................... 41,085 59,085 

Acoustic gun detection systems ............................................ [2,000] 

Acoustic research ................................................................... [3,000] 

UGV weaponization ............................................................... [2,500] 

Highly Integrated Production for Expediting RESET ........ [2,500] 

Hybrid Projectile Program .................................................... [3,000] 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2758 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

Specialized Compact Automated Mechanical Clearance 

Platform.

[4,000] 

Defense Support for Civil Authorities (DSCA) for Key Resource Protection—South Central, PA.[1,000] 

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ................... 61,404 67,104 

Hybrid portable power program ........................................... [3,200] 

Novel Zinc Air Power Sources for Military ......................... [2,500] 

019 0602709A NIGHT VISION TECHNOLOGY ............................................. 26,893 26,893 

020 0602712A COUNTERMINE SYSTEMS .................................................... 18,945 18,945 

021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ......... 18,605 33,605 

LWI Training-Based Collaborative Research ...................... [15,000] 

022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ................... 15,902 20,402 

Cluster Bomb Unit & Combined Effects Munitions Demil 

System.

[1,000] 

SUNY Cobleskill Biowaste-to-Bioenergy Center ................. [2,500] 

Renewable Energy Testing Center ....................................... [1,000] 

023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY.24,833 24,833 

024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY .................. 5,639 5,639 

025 0602784A MILITARY ENGINEERING TECHNOLOGY ........................ 54,818 59,818 

Cellulose Nanocomposite Panels for Ballistic Protection ... [2,000] 

Geosciences Atmospheric Research ...................................... [3,000] 

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY .... 18,701 18,701 

027 0602786A WARFIGHTER TECHNOLOGY .............................................. 27,109 29,609 

Thermal resistant fiber research .......................................... [2,500] 

028 0602787A MEDICAL TECHNOLOGY ...................................................... 99,027 134,527 

Biomechanics research .......................................................... [3,500] 

Blast wave modeling ............................................................. [3,000] 

Hemorrhage research ............................................................ [3,000] 

Malaria vaccine development ............................................... [2,500] 

Neurotrauma research .......................................................... [3,500] 

Secondary trauma research .................................................. [2,500] 

Advanced Functional Nanomaterials for Biological Processes.[2,500] 

Improving Soldier Recovery from Catastrophic Bone Injuries.[4,000] 

Advanced Bio-Engineering for Enhancement of Soldier 

Survivability.

[3,000] 

Self-Powered Prosthetic Limb Technology .......................... [2,000] 

Human Organ and Tissue Preservation Technology .......... [2,000] 

Optical Neural Techniques for Combat and Post Trauma 

Care.

[4,000] 

SUBTOTAL, APPLIED RESEARCH, ARMY .................... 781,197 914,397 

ADVANCED TECHNOLOGY DEVELOPMENT 

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY ....................... 37,574 45,874 

High Pressure Pasteurization & Pressure Assisted Thermal Sterilization.[4,300] 

Next Generation Precision Airdrop System ........................ [2,500] 

Onyx System Precision Guided Airdropped Equipment .... [1,500] 

030 0603002A MEDICAL ADVANCED TECHNOLOGY ............................... 72,940 124,240 

Biosensor controller systems development .......................... [2,000] 

Body temperature conditioner systems ............................... [2,500] 

Gulf War illness research ..................................................... [12,000] 

Integrated medical technology program .............................. [7,500] 

Lower limb prosthetics research .......................................... [2,000] 

Regenerative medical research ............................................. [4,000] 

Proton Treatment and Research Center—Northern Illinois.[2,000] 

Wounded Service Member Bioelectrics Research ............... [1,500] 

Malaria Vaccine Development .............................................. [5,000] 

Regenerative Medicine to Address Astute Hearing Loss ... [3,000] 

Multi-Dose Closed Loop pH Monitoring System for Platelets.[1,000] 

Carbide-Derived Carbon for Treatment of Combat Related 

Sepsis.

[1,000] 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2759 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

Clinical Technology Integration for Military Health .......... [2,000] 

Institute for Simulation and Interprofessional Studies ..... [5,800] 

031 0603003A AVIATION ADVANCED TECHNOLOGY .............................. 60,097 80,597 

Advanced Affordable Turbine Engine Program .................. [5,000] 

Robust Composite Structural Core for Army Helicopters .. [2,000] 

UH–60 Transmission/Gearbox Galvanic Corrosion Reduction.[1,500] 

Drive System Composite Structural Component Risk Reduction Program.[3,000] 

Universal Control—FADEC .................................................. [9,000] 

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY.66,410 61,410 

Electromagnetic gun .............................................................. [–11,500] 

Lethality research ................................................................. [6,500] 

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED 

TECHNOLOGY.

89,586 174,986 

Advanced APU development ................................................. [2,000] 

Advanced battery development program ............................. [10,000] 

Advanced lithium ion battery systems ................................ [3,000] 

Advanced suspension systems for heavy vehicles ............... [2,700] 

Advanced thermal management systems ............................ [3,000] 

Alternative energy research ................................................. [20,000] 

Hybrid engine development program ................................... [4,000] 

Hybrid truck development .................................................... [4,000] 

Smart plug-in hybrid electric vehicle program ................... [4,100] 

Threat cue research ............................................................... [2,000] 

Unmanned ground vehicle initiative ................................... [12,000] 

Vehicle prognostics technologies .......................................... [3,100] 

Unmanned Robotic System Utilizing Hydrocarbon Fueled 

Solid Oxide Fuel Cell.

[3,000] 

Advanced Composites for Light Weight, Low Cost Transportation Systems Using a 3+ Ring Extruder.[3,000] 

Protective 3–D Armor Structure to Safeguard Military 

Vehicles and Troops.

[2,000] 

Fire Shield .............................................................................. [2,000] 

Hydraulic Hybrid Vehicle (HHV) for the Tactical Wheeled 

Fleet.

[3,500] 

Heavy Duty Hybrid Electric Vehicle .................................... [2,000] 

034 0603006A COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY.8,667 12,467 

Applied Communications and Information Networking 

(ACIN).

[3,800] 

035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED 

TECHNOLOGY.

7,410 7,410 

036 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY .... 50,458 50,458 

037 0603009A TRACTOR HIKE ....................................................................... 11,328 11,328 

038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS.19,415 24,915 

Combat medic training systems ........................................... [2,000] 

Joint Fires & Effects Trainer System enhancements ......... [2,500] 

HapMed Combat Medic Trainer ........................................... [1,000] 

039 0603020A TRACTOR ROSE ...................................................................... 14,569 14,569 

040 0603103A EXPLOSIVES DEMILITARIZATION TECHNOLOGY ......... 2,000 

Propellant Conversion to Fertilizer Program for Tooele 

Army Depot.

[2,000] 

041 0603105A MILITARY HIV RESEARCH ................................................... 6,657 6,657 

042 0603125A COMBATING TERRORISM, TECHNOLOGY DEVELOPMENT.11,989 11,989 

043 0603270A ELECTRONIC WARFARE TECHNOLOGY ........................... 19,192 22,692 

Laser systems for light aircraft missile defense ................. [1,000] 

Advanced Ground Electronic Warfare & Signals Intelligence System.[2,500] 

044 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ....... 63,951 67,251 

Discriminatory imaging research ......................................... [2,500] 

Scenario Generation for Integrated Air and Missile Defense Evaluation.[800] 

045 0603322A TRACTOR CAGE ...................................................................... 12,154 12,154 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2760 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

046 0603606A LANDMINE WARFARE AND BARRIER ADVANCED 

TECHNOLOGY.

30,317 30,317 

047 0603607A JOINT SERVICE SMALL ARMS PROGRAM ........................ 8,996 8,996 

048 0603710A NIGHT VISION ADVANCED TECHNOLOGY ...................... 40,329 52,329 

Bradley third generation FLIR ............................................ [5,000] 

Buster/Blacklight UAV Development .................................. [1,000] 

Hyper Spectral Sensor for Improved Force Protection System.[2,000] 

Brownout Situational Awareness ......................................... [3,000] 

High Resolution Personal Miniature Thermal Viewer ....... [1,000] 

049 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS.15,706 15,706 

050 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY 5,911 19,211 

Permafrost tunnel .................................................................. [500] 

Photovoltaic technology development .................................. [2,000] 

PacCom Renewable Energy Security System ...................... [3,000] 

Field Deployable Hologram Production System .................. [4,800] 

Demonstration of Thin Film Solar Modules as a Renewable Energy Source.[1,000] 

Nanotechnology for Potable Water and Waste Treatment [2,000] 

051 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND 

SENSOR TECHNOLOGY.

41,561 45,061 

Foliage Penetrating, Reconnaissance, Surveillance, Tracking, and Engagement Radar.[2,000] 

Optimizing Natural Language Processing of Open Source 

Intelligence (OSINT).

[1,500] 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, ARMY.695,217 902,617 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

052 0603024A UNIQUE ITEM IDENTIFICATION (UID) 

053 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION(NON SPACE).14,683 30,183 

Biological Air Filtering System Technology ........................ [3,000] 

Compact Pulsed Power for Military Applications ............... [4,000] 

Adaptive robotic technology .................................................. [3,500] 

Advanced electronics integration ......................................... [3,000] 

Advanced environmental controls ........................................ [2,000] 

054 0603308A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION 

(SPACE).

117,471 117,471 

055 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 209,531 160,531 

Center for Defense Systems Research ................................. [1,000] 

Excessive Project Cost Growth—Integrated Air and Missile Defense.[–50,000] 

056 0603460A JOINT AIR-TO-GROUND MISSILE (JAGM) 

057 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV .......... 17,536 17,536 

058 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYSADV DEV.4,920 4,920 

059 0603639A TANK AND MEDIUM CALIBER AMMUNITION ................ 33,934 33,934 

060 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ............. 90,299 90,299 

061 0603747A SOLDIER SUPPORT AND SURVIVABILITY ....................... 31,752 31,752 

062 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM— 

ADV DEV.

18,228 18,228 

063 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 

064 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY ................... 4,770 8,770 

Cadmium Emissions Reduction—Letterkenny Army 

Depot.

[1,000] 

Vanadium Technology Program ........................................... [3,000] 

065 0603782A WARFIGHTER INFORMATION NETWORK-TACTICAL .... 180,673 180,673 

066 0603790A NATO RESEARCH AND DEVELOPMENT ........................... 5,048 5,048 

067 0603801A AVIATION—ADV DEV ............................................................ 8,537 8,537 

068 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ... 56,373 46,373 

Premature JLTV program growth ....................................... [–10,000] 

069 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM 

EVALUATION AND ANALYSIS.

9,868 9,868 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2761 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

070 0603807A MEDICAL SYSTEMS—ADV DEV .......................................... 31,275 31,275 

071 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ........ 71,832 73,832 

Acid Alkaline Direct Methanol Fuel Cell ............................ [2,000] 

072 0603850A INTEGRATED BROADCAST SERVICE ................................ 1,476 1,476 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, ARMY.908,206 870,706 

SYSTEM DEVELOPMENT & DEMONSTRATION 

073 0604201A AIRCRAFT AVIONICS ............................................................. 92,977 92,977 

074 0604220A ARMED, DEPLOYABLE HELOS ............................................ 65,515 65,515 

075 0604270A ELECTRONIC WARFARE DEVELOPMENT ........................ 248,463 248,463 

076 0604321A ALL SOURCE ANALYSIS SYSTEM ....................................... 13,107 13,107 

077 0604328A TRACTOR CAGE ...................................................................... 16,286 16,286 

078 0604601A INFANTRY SUPPORT WEAPONS ......................................... 74,814 78,814 

Lightweight caliber .50 machine gun .................................. [4,000] 

079 0604604A MEDIUM TACTICAL VEHICLES .......................................... 5,683 5,683 

080 0604609A SMOKE, OBSCURANT AND TARGET DEFEATING SYSSDD.978 978 

081 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ....................... 7,477 9,477 

Heavy tactical vehicle development ..................................... [2,000] 

082 0604633A AIR TRAFFIC CONTROL ........................................................ 7,578 7,578 

083 0604646A NON-LINE OF SIGHT LAUNCH SYSTEM ........................... 88,660 88,660 

084 0604647A NON-LINE OF SIGHT CANNON ........................................... 58,216 31,216 

Unjustified Termination Costs ............................................. [–27,000] 

085 0604660A FCS MANNED GRD VEHICLES & COMMON GRD VEHICLE.368,557 184,557 

Unjustified Termination Costs ............................................. [–184,000] 

086 0604661A FCS SYSTEMS OF SYSTEMS ENGR & PROGRAM MGMT 1,067,191 1,067,191 

087 0604662A FCS RECONNAISSANCE (UAV) PLATFORMS ................... 68,701 68,701 

088 0604663A FCS UNMANNED GROUND VEHICLES .............................. 125,616 125,616 

089 0604664A FCS UNATTENDED GROUND SENSORS ........................... 26,919 26,919 

090 0604665A FCS SUSTAINMENT & TRAINING R&D ............................. 749,182 749,182 

091 0604666A SPIN OUT TECHNOLOGY/CAPABILITY INSERTION 

092 0604710A NIGHT VISION SYSTEMS—SDD .......................................... 55,410 55,410 

093 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ....... 2,092 2,092 

094 0604715A NON-SYSTEM TRAINING DEVICES—SDD ......................... 30,209 30,209 

095 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—SDD.28,936 28,936 

096 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT.33,213 33,213 

097 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT .......... 15,320 15,320 

098 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)— 

SDD.

15,727 15,727 

099 0604778A POSITIONING SYSTEMS DEVELOPMENT (SPACE) ........ 9,446 9,446 

100 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ... 26,243 26,243 

101 0604783A JOINT NETWORK MANAGEMENT SYSTEM 

102 0604802A WEAPONS AND MUNITIONS—SDD .................................... 34,878 42,378 

Common guidance control module ....................................... [7,500] 

103 0604804A LOGISTICS AND ENGINEER EQUIPMENT—SDD ............ 36,018 37,518 

Autonomous Sustainment Cargo Container Sea Truck ..... [1,500] 

104 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—SDD.88,995 88,995 

105 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—SDD.33,893 34,693 

Plasma Sterilizer ................................................................... [800] 

106 0604808A LANDMINE WARFARE/BARRIER—SDD ............................. 82,260 60,960 

Program reduction ................................................................. [–21,300] 

107 0604814A ARTILLERY MUNITIONS ....................................................... 42,452 42,452 

108 0604817A COMBAT IDENTIFICATION .................................................. 20,070 20,070 

109 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE 

& SOFTWARE.

90,864 90,864 

110 0604820A RADAR DEVELOPMENT 

111 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM 

(GFEBS).

6,002 6,002 

112 0604823A FIREFINDER ............................................................................ 20,333 20,333 

113 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ........................ 19,786 19,786 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2762 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

114 0604854A ARTILLERY SYSTEMS ........................................................... 23,318 81,534 

Accelerate Paladin integration management ...................... [58,216] 

115 0604869A PATRIOT/MEADS COMBINED AGGREGATE PROGRAM 

(CAP).

569,182 569,182 

116 0604870A NUCLEAR ARMS CONTROL MONITORING SENSOR 

NETWORK.

7,140 7,140 

117 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ............. 35,309 66,109 

Transfer from RDDW, line 117, for DIMHRS execution .... [30,800] 

118 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ......................... 127,439 127,439 

119 0605625A MANNED GROUND VEHICLE .............................................. 100,000 100,000 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, ARMY.4,640,455 4,512,971 

RDT&E MANAGEMENT SUPPORT 

120 0604256A THREAT SIMULATOR DEVELOPMENT .............................. 22,222 22,222 

121 0604258A TARGET SYSTEMS DEVELOPMENT ................................... 13,615 13,615 

122 0604759A MAJOR T&E INVESTMENT ................................................... 51,846 51,846 

123 0605103A RAND ARROYO CENTER ....................................................... 16,305 18,305 

Program Increase .................................................................. [2,000] 

124 0605301A ARMY KWAJALEIN ATOLL ................................................... 163,514 163,514 

125 0605326A CONCEPTS EXPERIMENTATION PROGRAM .................... 23,445 23,445 

126 0605502A SMALL BUSINESS INNOVATIVE RESEARCH 

127 0605601A ARMY TEST RANGES AND FACILITIES ............................. 354,693 354,693 

128 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND 

TARGETS.

72,911 84,111 

Common regional operational systems ................................ [3,000] 

Data fusion systems .............................................................. [2,500] 

Dugway field test improvements .......................................... [4,500] 

MOTS All Sky Imager ........................................................... [1,200] 

129 0605604A SURVIVABILITY/LETHALITY ANALYSIS ........................... 45,016 45,016 

130 0605605A DOD HIGH ENERGY LASER TEST FACILITY ................... 2,891 8,891 

Program increase ................................................................... [6,000] 

131 0605606A AIRCRAFT CERTIFICATION ................................................. 3,766 3,766 

132 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 8,391 8,391 

133 0605706A MATERIEL SYSTEMS ANALYSIS ......................................... 19,969 19,969 

134 0605709A EXPLOITATION OF FOREIGN ITEMS ................................. 5,432 5,432 

135 0605712A SUPPORT OF OPERATIONAL TESTING ............................. 77,877 77,877 

136 0605716A ARMY EVALUATION CENTER ............................................. 66,309 66,309 

137 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & 

INTEG.

5,357 5,357 

138 0605801A PROGRAMWIDE ACTIVITIES ............................................... 77,823 77,823 

139 0605803A TECHNICAL INFORMATION ACTIVITIES ......................... 51,620 51,620 

140 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS 

AND SAFETY.

45,053 47,053 

3D woven preform technology for Army munitions ............ [2,000] 

141 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT 

SUPPORT.

5,191 5,191 

142 0605898A MANAGEMENT HQ—R&D ..................................................... 15,866 15,866 

143 0909999A FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT, 

ARMY.

1,149,112 1,170,312 

OPERATIONAL SYSTEMS DEVELOPMENT 

144 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ................... 27,693 27,693 

145 0603820A WEAPONS CAPABILITY MODIFICATIONS UAV 

146 0102419A AEROSTAT JOINT PROJECT OFFICE ................................. 360,076 340,076 

Program delay reduction ....................................................... [–20,000] 

147 0203726A ADV FIELD ARTILLERY TACTICAL DATA SYSTEM ........ 23,727 26,227 

AFATDS Voice Recognition and Cross Platform Speech 

Interface System.

[2,500] 

148 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ............ 190,301 190,301 

149 0203740A MANEUVER CONTROL SYSTEM ......................................... 21,394 21,394 

150 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS.209,401 209,401 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2763 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

151 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT 

PROGRAM.

792 792 

152 0203758A DIGITIZATION ......................................................................... 10,692 10,692 

153 0203759A FORCE XXI BATTLE COMMAND, BRIGADE AND 

BELOW (FBCB2) 

154 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT 

PROGRAM.

39,273 39,273 

155 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS.5,000 

Javelin Warhead Improvement Plan ................................... [5,000] 

156 0203808A TRACTOR CARD ...................................................................... 20,035 20,035 

157 0208010A JOINT TACTICAL COMMUNICATIONS PROGRAM (TRITAC) 

158 0208053A JOINT TACTICAL GROUND SYSTEM ................................. 13,258 13,258 

159 0208058A JOINT HIGH SPEED VESSEL (JHSV) .................................. 3,082 3,082 

160 0301359A SPECIAL ARMY PROGRAM ................................................... [ ] [ ] 

161 0303028A SECURITY AND INTELLIGENCE ACTIVITIES .................. 2,144 2,144 

162 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ............ 74,355 74,355 

163 0303141A GLOBAL COMBAT SUPPORT SYSTEM ............................... 144,733 144,733 

164 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ................... 40,097 40,097 

165 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM.12,034 12,034 

166 0303158A JOINT COMMAND AND CONTROL PROGRAM (JC2) ....... 20,365 20,365 

167 0305204A TACTICAL UNMANNED AERIAL VEHICLES .................... 202,521 202,521 

168 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 188,414 190,714 

Joint STARS Surveillance and Control Data Link (SCDL) 

Technology Refresh.

[1,000] 

Adaptive Defense High-Speed IP Packet Inspection Engine on a Chip.[1,300] 

169 0305287A BASE EXPED TARGETING SURVEILLANCE SYS-COMBINED 

170 0307207A AERIAL COMMON SENSOR (ACS) ....................................... 210,035 210,035 

171 0702239A AVIONICS COMPONENT IMPROVEMENT PROGRAM 

172 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 68,466 71,966 

Smart machine platform initiative ...................................... [2,000] 

Weapon systems repair technologies ................................... [1,500] 

999 9999999 OTHER PROGRAMS ................................................................ 3,883 3,883 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, ARMY.1,886,771 1,880,071 

TOTAL, RDT&E ARMY ......................................................... 10,438,218 10,638,534 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, 

NAVY 

BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES ............................. 99,472 99,472 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH .. 18,076 18,076 

003 0601153N DEFENSE RESEARCH SCIENCES ....................................... 413,743 416,243 

Nanoelectronics, Nanometrology, and Nanobiology Initiative.[2,500] 

SUBTOTAL, BASIC RESEARCH, NAVY ........................... 531,291 533,791 

APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH .................... 59,787 64,787 

Energetics research ............................................................... [3,000] 

Multifunctional Materials, their Applications and Devices [2,000] 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ..................... 91,400 124,400 

Alternative energy research ................................................. [20,000] 

Energy systems integration research .................................. [4,000] 

Port security technologies ..................................................... [2,000] 

Design Optimization of Composite High-Speed Boats 

Using Advanced Composite and Manufacturing and 

Non-destructive Evaluation.

[2,000] 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2764 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

Lithium Ion Storage Advancement for Aircraft Applications.[2,500] 

Non-Traditional Weaving Applications for Aramid Ballistic Fibers and Fabrics.[2,500] 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ......... 39,308 39,308 

007 0602234N MATERIALS, ELECTRONICS AND COMPUTER TECHNOLOGY 

008 0602235N COMMON PICTURE APPLIED RESEARCH ........................ 83,163 83,163 

009 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ..... 104,169 107,169 

Anti-reverse engineering technologies ................................. [1,000] 

Managing and Extending DOD Asset Lifecycles (MEDAL) [2,000] 

010 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH .. 64,816 64,816 

011 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH.48,750 51,750 

Advanced UUV research ....................................................... [1,000] 

Laser underwater imaging and communications research [2,000] 

012 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH .. 6,008 6,008 

013 0602747N UNDERSEA WARFARE APPLIED RESEARCH ................... 55,694 55,694 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH.40,880 42,880 

Electromagnetic signature assessment system ................... [2,000] 

SUBTOTAL, APPLIED RESEARCH, NAVY ..................... 593,975 639,975 

ADVANCED TECHNOLOGY DEVELOPMENT 

015 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ......... 107,969 116,369 

Countermine Lidar UAV-Based System (CLUBS) ............. [2,000] 

Detection, Tracking, and Identification for ISRTE of Mobile Asymmetric Targets.[2,500] 

Quiet Drive Advanced Rotary Actuator ............................... [2,000] 

Tactical High Speed Anti-Radiation Missile Demonstration.[1,900] 

016 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY .......... 66,035 78,035 

Advance coatings for aviation components .......................... [2,000] 

Single generator operations lithium ion battery ................. [5,000] 

High-Temperature Radar Dome Materials ......................... [2,000] 

Pure Hydrogen Supply from Logistic Fuels ........................ [3,000] 

017 0603235N COMMON PICTURE ADVANCED TECHNOLOGY ............. 108,394 49,294 

High-integrity GPS ................................................................ [–59,100] 

018 0603236N WARFIGHTER SUSTAINMENT ADVANCED TECHNOLOGY.86,239 86,239 

019 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY.65,827 65,827 

020 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION 

(ATD).

107,363 112,363 

Acoustic combat sensors ........................................................ [5,000] 

021 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT.10,998 10,998 

022 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY.18,609 21,109 

Navy Special Warfare Performance and Injury Prevention 

Program for SBT 22 at Stennis Space Center.

[2,500] 

023 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY ........ 68,037 68,037 

024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.52,643 52,643 

025 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED 

TECHNOLOGY.

28,782 28,782 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, NAVY.720,896 689,696 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

026 0603207N AIR/OCEAN TACTICAL APPLICATIONS ............................. 116,082 117,482 

Semi-submersible for UUV sensor developments ............... [1,400] 

027 0603216N AVIATION SURVIVABILITY .................................................. 6,505 9,505 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2765 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

Lighter Than Air Stratospheric UAV for Persistant Communications Relay and Surveillance.[3,000] 

028 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL .......... 6,032 6,032 

029 0603254N ASW SYSTEMS DEVELOPMENT .......................................... 16,585 20,585 

Sonobuoy wave energy module ............................................. [1,000] 

Marine Mammal Awareness, Alert, and Response Systems.[3,000] 

030 0603261N TACTICAL AIRBORNE RECONNAISSANCE ...................... 7,713 7,713 

031 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY .............. 1,677 1,677 

032 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.76,739 76,739 

033 0603506N SURFACE SHIP TORPEDO DEFENSE ................................. 57,538 62,038 

Continuous Active Sonar for Torpedo Systems ................... [4,500] 

034 0603512N CARRIER SYSTEMS DEVELOPMENT ................................. 173,594 173,594 

035 0603513N SHIPBOARD SYSTEM COMPONENT DEVELOPMENT .... 1,691 18,791 

DDG–51 hybrid propulsion system ...................................... [8,100] 

Advanced Steam Turbine ...................................................... [4,000] 

Next Generation Shipboard Intergrated Power: Fuel Efficiency and Advanced Capability Enhancer.[5,000] 

036 0603525N PILOT FISH .............................................................................. 79,194 79,194 

037 0603527N RETRACT LARCH .................................................................... 99,757 99,757 

038 0603536N RETRACT JUNIPER ................................................................ 120,752 120,752 

039 0603542N RADIOLOGICAL CONTROL ................................................... 1,372 1,372 

040 0603553N SURFACE ASW ........................................................................ 21,995 21,995 

041 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ...... 551,836 553,836 

Submarine Fatline Vector Sensor Towed Array ................. [2,000] 

042 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ................. 10,172 10,172 

043 0603563N SHIP CONCEPT ADVANCED DESIGN ................................ 22,541 22,541 

044 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 28,135 32,135 

Support for Naval Ship Hydrodynamics Test Facilities ..... [4,000] 

045 0603570N ADVANCED NUCLEAR POWER SYSTEMS ........................ 259,887 259,887 

046 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ............... 5,599 9,099 

High Denstiy Power Conversion and Distribution Equipment.[1,500] 

Hybrid Electric Drive ............................................................ [2,000] 

047 0603576N CHALK EAGLE ........................................................................ 443,555 443,555 

048 0603581N LITTORAL COMBAT SHIP (LCS) .......................................... 360,518 360,518 

049 0603582N COMBAT SYSTEM INTEGRATION ....................................... 22,558 22,558 

050 0603609N CONVENTIONAL MUNITIONS ............................................. 3,458 3,458 

051 0603611M MARINE CORPS ASSAULT VEHICLES ............................... 293,466 293,466 

052 0603612M USMC MINE COUNTERMEASURES SYSTEMS—ADV 

DEV 

053 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 73,798 61,798 

Premature JLTV program growth ....................................... [–12,000] 

054 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.21,054 21,054 

055 0603658N COOPERATIVE ENGAGEMENT ............................................ 56,586 56,586 

056 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 17,328 17,328 

057 0603721N ENVIRONMENTAL PROTECTION ....................................... 20,661 20,661 

058 0603724N NAVY ENERGY PROGRAM .................................................... 8,476 16,226 

Molten carbonate fuel cell demonstrator ............................. [3,000] 

Solar heat reflective film development ................................ [4,750] 

059 0603725N FACILITIES IMPROVEMENT ................................................ 4,002 9,602 

Wave Energy Powerbuoy Generating System ..................... [2,400] 

Photovoltaic Rooftop Systems—Navy .................................. [1,500] 

Regenerative Fuel Cell Back-Up Power .............................. [1,700] 

060 0603734N CHALK CORAL ........................................................................ 70,772 70,772 

061 0603739N NAVY LOGISTIC PRODUCTIVITY ........................................ 4,301 6,301 

Highly integrated optical interconnects for advanced air 

vehicles.

[1,000] 

RFID technology exploitation ............................................... [1,000] 

062 0603746N RETRACT MAPLE .................................................................... 210,237 210,237 

063 0603748N LINK PLUMERIA ..................................................................... 69,313 69,313 

064 0603751N RETRACT ELM ......................................................................... 152,151 152,151 

065 0603755N SHIP SELF DEFENSE ............................................................. 6,960 6,960 

066 0603764N LINK EVERGREEN ................................................................. 123,660 123,660 

067 0603787N SPECIAL PROCESSES ............................................................ 54,115 54,115 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2766 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

068 0603790N NATO RESEARCH AND DEVELOPMENT ........................... 10,194 10,194 

069 0603795N LAND ATTACK TECHNOLOGY ............................................. 1,238 1,238 

070 0603851M NONLETHAL WEAPONS ........................................................ 46,971 46,971 

071 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS.150,304 150,304 

072 0603879N SINGLE INTEGRATED AIR PICTURE (SIAP) SYSTEM 

ENGINEER (SE).

52,716 52,716 

073 0603889N COUNTERDRUG RDT&E PROJECTS 

074 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS.5,003 7,003 

Joint Technology Insertion & Accelerated System 

Intergration Capability for Electronic Warfare.

[2,000] 

075 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).63,702 63,702 

076 0604450N JOINT AIR-TO-GROUND MISSILE (JAGM) 

077 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW).67,843 67,843 

078 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM.40,926 40,926 

079 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.42,533 42,533 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, NAVY.4,163,795 4,208,645 

SYSTEM DEVELOPMENT & DEMONSTRATION 

080 0604212N OTHER HELO DEVELOPMENT ............................................ 54,092 54,092 

081 0604214N AV–8B AIRCRAFT—ENG DEV ............................................... 20,886 20,886 

082 0604215N STANDARDS DEVELOPMENT .............................................. 53,540 55,540 

Measurement Standards Research and Development ........ [2,000] 

083 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT.81,953 86,653 

USN MH–60S ′′Close the Lethality Gap′′ M230 Pylon 

Qualification.

[4,700] 

084 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ......................... 7,485 7,485 

085 0604221N P–3 MODERNIZATION PROGRAM ....................................... 3,659 3,659 

086 0604230N WARFARE SUPPORT SYSTEM ............................................. 6,307 6,307 

087 0604231N TACTICAL COMMAND SYSTEM .......................................... 86,462 86,462 

088 0604234N ADVANCED HAWKEYE .......................................................... 364,557 364,557 

089 0604245N H–1 UPGRADES ....................................................................... 32,830 32,830 

090 0604261N ACOUSTIC SEARCH SENSORS ............................................ 56,369 56,369 

091 0604262N V–22A ......................................................................................... 89,512 89,512 

092 0604264N AIR CREW SYSTEMS DEVELOPMENT ............................... 14,265 14,265 

093 0604269N EA–18 ......................................................................................... 55,446 55,446 

094 0604270N ELECTRONIC WARFARE DEVELOPMENT ........................ 97,635 97,635 

095 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ................... 85,240 85,240 

096 0604274N NEXT GENERATION JAMMER (NGJ) ................................. 127,970 127,970 

097 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 876,374 876,374 

098 0604300N SC–21 TOTAL SHIP SYSTEM ENGINEERING 

099 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING.178,459 180,459 

Surface Ship Advanced Capability Build ............................ [2,000] 

100 0604311N LPD–17 CLASS SYSTEMS INTEGRATION .......................... 5,304 5,304 

101 0604329N SMALL DIAMETER BOMB (SDB) ......................................... 43,902 43,902 

102 0604366N STANDARD MISSILE IMPROVEMENTS ............................. 182,197 182,197 

103 0604373N AIRBORNE MCM ..................................................................... 48,712 48,712 

104 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR 

SYSTEMS ENGINEERING.

11,727 11,727 

105 0604501N ADVANCED ABOVE WATER SENSORS .............................. 236,078 251,078 

Mobile maritime sensor technology development ............... [15,000] 

106 0604503N SSN–688 AND TRIDENT MODERNIZATION ...................... 122,733 122,733 

107 0604504N AIR CONTROL .......................................................................... 6,533 6,533 

108 0604512N SHIPBOARD AVIATION SYSTEMS ...................................... 80,623 80,623 

109 0604518N COMBAT INFORMATION CENTER CONVERSION ........... 13,305 13,305 

110 0604558N NEW DESIGN SSN .................................................................. 154,756 162,756 

Common command & control system module ..................... [6,000] 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2767 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

Mold-in-Place Coating for Development of U.S. Submarine Fleet.[2,000] 

111 0604561N SSN–21 DEVELOPMENTS 

112 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ................... 59,703 69,703 

Artificial Intelligence-based combat system kernel ............ [4,000] 

Submarine environment for evaluation & development .... [3,000] 

Weapon acquisition & firing system .................................... [3,000] 

113 0604567N SHIP CONTRACT DESIGN/LIVE FIRE T&E ....................... 89,988 92,488 

Automated Fiber Optic Manufacturing Initiative for Navy 

Ships.

[2,500] 

114 0604574N NAVY TACTICAL COMPUTER RESOURCES ...................... 4,620 4,620 

115 0604601N MINE DEVELOPMENT ........................................................... 2,249 2,249 

116 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ...................... 21,105 21,105 

117 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.10,327 10,327 

118 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN 

FACTORS.

5,898 5,898 

119 0604727N JOINT STANDOFF WEAPON SYSTEMS .............................. 10,022 10,022 

120 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) .................. 35,459 38,459 

AUSV ...................................................................................... [3,000] 

121 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ................. 34,236 46,236 

Phalanx Next Generation ..................................................... [12,000] 

122 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ........... 88,895 88,895 

123 0604761N INTELLIGENCE ENGINEERING .......................................... 14,438 14,438 

124 0604771N MEDICAL DEVELOPMENT ................................................... 9,888 23,488 

Composite tissue transplantation research ......................... [2,000] 

Custom body implant development ...................................... [2,000] 

Multivalent dengue vaccine program ................................... [1,600] 

Orthopedic surgery instrumentation ................................... [3,000] 

U.S. Navy Vaccine Program ................................................. [3,000] 

U.S. Navy Pandemic Influenza Vaccine Program: Enhancement of Influenza Vaccine Efficacy.[2,000] 

125 0604777N NAVIGATION/ID SYSTEM ..................................................... 63,184 63,184 

126 0604784N DISTRIBUTED SURVEILLANCE SYSTEM 

127 0604800N JOINT STRIKE FIGHTER (JSF) ............................................ 1,741,296 1,956,296 

F136 Development ................................................................. [215,000] 

128 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ............. 9,868 9,868 

129 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ............. 69,026 77,126 

Information systems research .............................................. [4,000] 

Integrated network-centric technology systems .................. [2,600] 

Maintenance Planning and Assessment Technology 

(MPAT) Insertion.

[1,500] 

130 0605212N CH–53K RDTE .......................................................................... 554,827 554,827 

131 0605430N C/KC–130 AVIONICS MODERNIZATION PROGRAM 

(AMP) 

132 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ......................... 81,434 81,434 

133 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ............... 1,162,417 1,162,417 

134 0204201N CG(X) .......................................................................................... 150,022 110,022 

Program delay ........................................................................ [–40,000] 

135 0204202N DDG–1000 .................................................................................. 539,053 539,053 

136 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ................................. 19,016 19,016 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION, NAVY.7,975,882 8,231,782 

RDT&E MANAGEMENT SUPPORT 

137 0604256N THREAT SIMULATOR DEVELOPMENT .............................. 25,534 25,534 

138 0604258N TARGET SYSTEMS DEVELOPMENT ................................... 79,603 79,603 

139 0604759N MAJOR T&E INVESTMENT ................................................... 44,844 49,844 

Aviation enterprise interoperability upgrades .................... [5,000] 

140 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY .................... 11,422 11,422 

141 0605154N CENTER FOR NAVAL ANALYSES ....................................... 49,821 49,821 

142 0605502N SMALL BUSINESS INNOVATIVE RESEARCH 

143 0605804N TECHNICAL INFORMATION SERVICES ............................ 735 3,235 

Center for Commercialization of Advanced Technology ..... [2,500] 

144 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT.60,590 60,590 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2768 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

145 0605856N STRATEGIC TECHNICAL SUPPORT ................................... 3,633 3,633 

146 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT 70,942 70,942 

147 0605862N RDT&E INSTRUMENTATION MODERNIZATION 

148 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ........................... 193,353 193,353 

149 0605864N TEST AND EVALUATION SUPPORT ................................... 380,733 380,733 

150 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 12,010 12,010 

151 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) 

SUPPORT.

2,703 2,703 

152 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ..... 20,921 20,921 

153 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ................... 19,004 19,004 

154 0305885N TACTICAL CRYPTOLOGIC ACTIVITIES ............................. 2,464 2,464 

155 0804758N SERVICE SUPPORT TO JFCOM, JNTC ............................... 4,197 4,197 

156 0909999N FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT, 

NAVY.

982,509 990,009 

OPERATIONAL SYSTEMS DEVELOPMENT 

158 0604227N HARPOON MODIFICATIONS 

159 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT.

311,204 311,204 

160 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ......... 74,939 76,109 

Advanced LINAC Facility ..................................................... [1,170] 

161 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ..................... 34,479 34,479 

162 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ..... 7,211 7,211 

163 0101402N NAVY STRATEGIC COMMUNICATIONS ............................. 43,982 46,982 

E–6B Strategic Communications Upgrade Block 1A (VLFTX & HPTS).[3,000] 

164 0203761N RAPID TECHNOLOGY TRANSITION (RTT) ........................ 39,125 39,125 

165 0204136N F/A–18 SQUADRONS ............................................................... 127,733 127,733 

166 0204152N E–2 SQUADRONS .................................................................... 63,058 63,058 

167 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ................. 37,431 37,431 

168 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING 

CENTER (TMPC).

13,238 13,238 

169 0204311N INTEGRATED SURVEILLANCE SYSTEM ........................... 24,835 24,835 

170 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT).2,324 2,324 

171 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 49,293 49,293 

172 0204574N CRYPTOLOGIC DIRECT SUPPORT ...................................... 1,609 1,609 

173 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT ... 37,524 37,524 

174 0205601N HARM IMPROVEMENT .......................................................... 30,045 30,045 

175 0205604N TACTICAL DATA LINKS ........................................................ 25,003 25,003 

176 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION .......... 41,803 41,803 

177 0205632N MK–48 ADCAP .......................................................................... 28,438 28,438 

178 0205633N AVIATION IMPROVEMENTS ................................................ 135,840 123,349 

F135 engine funding ahead of need ..................................... [–12,491] 

179 0205658N NAVY SCIENCE ASSISTANCE PROGRAM ......................... 3,716 3,716 

180 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS .................. 72,031 72,031 

181 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .............. 287,348 287,348 

182 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING 

ARMS SYSTEMS.

120,379 124,379 

Expandable rigid wall composite shelters ........................... [1,000] 

Marine personnel carrier support system ........................... [3,000] 

183 0206624M MARINE CORPS COMBAT SERVICES SUPPORT .............. 17,057 18,057 

High performance capabilities for military vehicles ........... [1,000] 

184 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP).30,167 30,167 

185 0207161N TACTICAL AIM MISSILES ..................................................... 2,298 2,298 

186 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

3,604 3,604 

187 0208058N JOINT HIGH SPEED VESSEL (JHSV) .................................. 8,431 8,431 

188 0301303N MARITIME INTELLIGENCE .................................................. [ ] [ ] 

189 0301323N COLLECTION MANAGEMENT ............................................. [ ] [ ] 

190 0301327N TECHNICAL RECONNAISSANCE AND SURVEILLANCE [ ] [ ] 

191 0301372N CYBER SECURITY INITIATIVE—GDIP ............................... [ ] [ ] 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2769 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

192 0303109N SATELLITE COMMUNICATIONS (SPACE) ......................... 474,009 474,009 

193 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE 

SERVICES (CANES).

45,513 45,513 

194 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ............ 24,226 24,226 

195 0303158M JOINT COMMAND AND CONTROL PROGRAM (JC2) ....... 2,453 2,453 

196 0303158N JOINT COMMAND AND CONTROL PROGRAM (JC2) ....... 4,139 4,139 

197 0305149N COBRA JUDY ........................................................................... 62,061 62,061 

198 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORSSPACE (METOC).28,094 28,094 

199 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES.4,600 4,600 

200 0305204N TACTICAL UNMANNED AERIAL VEHICLES .................... 8,971 8,971 

201 0305205N ENDURANCE UNMANNED AERIAL VEHICLES 

202 0305206N AIRBORNE RECONNAISSANCE SYSTEMS ........................ 46,208 46,208 

203 0305207N MANNED RECONNAISSANCE SYSTEMS ........................... 22,599 22,599 

204 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 18,079 18,079 

205 0305220N RQ–4 UAV ................................................................................. 465,839 465,839 

206 0305231N MQ–8 UAV ................................................................................ 25,639 25,639 

207 0305232M RQ–11 UAV ............................................................................... 553 553 

208 0305233N RQ–7 UAV ................................................................................. 986 986 

209 0305234M SMALL (LEVEL 0) TACTICAL UAS (STUASL0) .................. 18,763 18,763 

210 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) .................. 23,594 23,594 

211 0307207N AERIAL COMMON SENSOR (ACS) 

212 0307217N EP–3E REPLACEMENT (EPX) ............................................... 11,976 11,976 

213 0308601N MODELING AND SIMULATION SUPPORT ........................ 8,028 8,028 

214 0702207N DEPOT MAINTENANCE (NON-IF) ....................................... 14,675 14,675 

215 0702239N AVIONICS COMPONENT IMPROVEMENT PROGRAM .... 2,725 2,725 

216 0708011N INDUSTRIAL PREPAREDNESS ............................................ 56,691 66,691 

Integrated manufacturing enterprise .................................. [5,000] 

Life extension of weapon system structures research ........ [2,500] 

Laser Optimization Remote Lighting Systems ................... [2,500] 

217 0708730N MARITIME TECHNOLOGY (MARITECH) ............................ 4,000 

National Shipbuilding Research Program ........................... [4,000] 

999 9999999 OTHER PROGRAMS ................................................................ 1,258,018 1,258,018 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, RDT&E.4,302,584 4,313,263 

TOTAL, RDT&E NAVY .......................................................... 19,270,932 19,607,161 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, 

AIR FORCE 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES ....................................... 321,028 322,028 

Coal transformation research ............................................... [1,000] 

002 0601103F UNIVERSITY RESEARCH INITIATIVES ............................. 132,249 138,449 

Cybersecurity for control networks research ...................... [1,700] 

End-user software safeguard research ................................ [2,000] 

Informatics research .............................................................. [1,000] 

Information security research .............................................. [1,500] 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ............ 12,834 12,834 

004 0301555F CLASSIFIED PROGRAMS ...................................................... [ ] [ ] 

005 0301556F SPECIAL PROGRAM ............................................................... [ ] [ ] 

SUBTOTAL, BASIC RESEARCH, AIR FORCE ............... 466,111 473,311 

APPLIED RESEARCH 

006 0602015F MEDICAL DEVELOPMENT ...................................................

007 0602102F MATERIALS .............................................................................. 127,957 136,957 

Advanced aerospace heat exchangers .................................. [3,000] 

Energy and automation technologies ................................... [2,000] 

Energy efficiency, recovery, and generation systems ......... [1,000] 

Health monitoring sensors for aerospace components ....... [2,000] 

Mid-infrared laser source research ...................................... [1,000] 

008 0602201F AEROSPACE VEHICLE TECHNOLOGIES ........................... 127,129 136,529 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2770 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

Unmanned aerial system collaboration technologies .......... [2,500] 

UAV Sensor and Maintenance Development ...................... [4,900] 

Unmanned Sense, Track, and Avoid Radar ........................ [2,000] 

009 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ............ 85,122 85,122 

010 0602203F AEROSPACE PROPULSION ................................................... 196,529 210,029 

Hybrid bearing development ................................................ [1,000] 

Integrated electrical starter/generator systems .................. [2,000] 

Lithium ion technologies for aviation batteries .................. [1,500] 

Thermally efficient engine pumping system ....................... [2,000] 

Advanced Lithium Battery Scale-Up and Manufacturing [2,000] 

Advanced Vehicle Propulsion Center (AVPC) ..................... [3,000] 

Multi-Mode Propulsion Phase IIA: High Performance 

Green Propellant.

[2,000] 

011 0602204F AEROSPACE SENSORS .......................................................... 121,768 126,568 

Net-Centric Sensor Grids ...................................................... [3,000] 

Information Quality Tools for Persistent Survelliance 

Data Sets.

[1,800] 

012 0602601F SPACE TECHNOLOGY ........................................................... 104,148 113,248 

Reconfigurable electronics research ..................................... [1,000] 

Seismic research program ..................................................... [5,000] 

Advanced Modular Avionics for ORS Use ........................... [3,100] 

013 0602602F CONVENTIONAL MUNITIONS ............................................. 58,289 58,289 

014 0602605F DIRECTED ENERGY TECHNOLOGY ................................... 105,677 101,427 

Chemical laser technology .................................................... [–4,250] 

015 0602702F COMMAND CONTROL AND COMMUNICATIONS 

016 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 115,278 115,278 

017 0602890F HIGH ENERGY LASER RESEARCH ..................................... 52,754 48,654 

Advanced deformable mirrors for high energy laser weapons.[2,000] 

Chemical laser technology .................................................... [–6,100] 

SUBTOTAL, APPLIED RESEARCH, AIR FORCE .......... 1,094,651 1,132,101 

ADVANCED TECHNOLOGY DEVELOPMENT 

018 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ......... 37,901 54,201 

Sewage-derived biofuels program ......................................... [4,800] 

Metals Affordability Initiative .............................................. [10,000] 

Rapid Automated Processing of Advances Low 

Observables.

[1,500] 

019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ..... 2,955 2,955 

020 0603203F ADVANCED AEROSPACE SENSORS ................................... 51,482 53,482 

Reconfigurable secure computing technologies ................... [2,000] 

021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ........................... 76,844 81,844 

Long Loiter, Load Bearing Antenna Platform for Pervasive Airborne Intelligence.[5,000] 

022 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY.175,676 198,676 

Alternative energy research ................................................. [20,000] 

Silicon carbide power electronics research .......................... [3,000] 

023 0603231F CREW SYSTEMS AND PERSONNEL PROTECTION 

TECHNOLOGY.

024 0603270F ELECTRONIC COMBAT TECHNOLOGY ............................. 31,021 31,021 

025 0603401F ADVANCED SPACECRAFT TECHNOLOGY ........................ 83,909 86,909 

Small Responsive Spacecraft at Low-Cost (SRSL) ............. [3,000] 

026 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) .............. 5,813 5,813 

027 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY 

DEVELOPMENT.

24,565 24,565 

028 0603601F CONVENTIONAL WEAPONS TECHNOLOGY .................... 14,356 14,356 

029 0603605F ADVANCED WEAPONS TECHNOLOGY .............................. 30,056 30,056 

030 0603680F MANUFACTURING TECHNOLOGY PROGRAM ................. 39,913 45,163 

Next generation casting initiative ........................................ [3,250] 

Production of Nanocomposites for Aerospace Applications [2,000] 

031 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND 

DEMONSTRATION.

39,708 46,208 

Optical interconnects research ............................................. [2,500] 

Cyber Attack and Security Environment ............................ [4,000] 

032 0603789F C3I ADVANCED DEVELOPMENT 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2771 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

033 0603924F HIGH ENERGY LASER ADVANCED TECHNOLOGY 

PROGRAM.

3,831 3,831 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, AIR FORCE.618,030 679,080 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

034 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ................. 5,009 5,009 

035 0603287F PHYSICAL SECURITY EQUIPMENT ................................... 3,623 3,623 

036 0603421F NAVSTAR GLOBAL POSITIONING SYSTEM III 

037 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL 

CONTROL SEGMENT 

038 0603430F ADVANCED EHF MILSATCOM (SPACE) ............................. 464,335 464,335 

039 0603432F POLAR MILSATCOM (SPACE) ............................................... 253,150 253,150 

040 0603438F SPACE CONTROL TECHNOLOGY ........................................ 97,701 102,701 

Space situational awareness ................................................. [5,000] 

041 0603742F COMBAT IDENTIFICATION TECHNOLOGY ...................... 27,252 27,252 

042 0603790F NATO RESEARCH AND DEVELOPMENT ........................... 4,351 4,351 

043 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ................ 632 632 

044 0603845F TRANSFORMATIONAL SATCOM (TSAT) 

045 0603850F INTEGRATED BROADCAST SERVICE ................................ 20,739 20,739 

046 0603851F INTERCONTINENTAL BALLISTIC MISSILE ..................... 66,079 66,079 

047 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) .............. 70,956 70,956 

048 0603859F POLLUTION PREVENTION ................................................... 2,896 2,896 

049 0603860F JOINT PRECISION APPROACH AND LANDING SYSTEMS.23,174 23,174 

050 0604015F NEXT GENERATION BOMBER 

051 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT 22,612 22,612 

052 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM.20,891 20,891 

053 0604330F JOINT DUAL ROLE AIR DOMINANCE MISSILE ............... 6,882 6,882 

054 0604337F REQUIREMENTS ANALYSIS AND MATURATION ............ 35,533 35,533 

055 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT .... 18,778 18,778 

056 0604796F ALTERNATIVE FUELS ........................................................... 89,020 91,020 

Advanced Propulsion Non-Tactical Vehicle ......................... [2,000] 

057 0604830F AUTOMATED AIR-TO-AIR REFUELING ............................. 43,158 43,158 

058 0604856F COMMON AERO VEHICLE (CAV) 

059 0604857F OPERATIONALLY RESPONSIVE SPACE ............................ 112,861 112,861 

060 0604858F TECH TRANSITION PROGRAM ............................................ 9,611 9,611 

061 0305178F NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM (NPOESS).396,641 396,641 

061a 604xxxxF NEXT GENERATION MILSATCOM TECHNOLOGY DEVELOPMENT.50,000 

Next generation MILSATCOM technology development ... [50,000] 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, AIR FORCE.1,795,884 1,852,884 

SYSTEM DEVELOPMENT & DEMONSTRATION 

062 0603840F GLOBAL BROADCAST SERVICE (GBS) ............................... 31,124 31,124 

063 0604222F NUCLEAR WEAPONS SUPPORT .......................................... 37,860 37,860 

064 0604226F B–1B ...........................................................................................

065 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING .. 6,227 6,227 

066 0604240F B–2 ADVANCED TECHNOLOGY BOMBER ......................... 12,000 

Advanced Data Link .............................................................. [12,000] 

067 0604261F PERSONNEL RECOVERY SYSTEMS 

068 0604270F ELECTRONIC WARFARE DEVELOPMENT ........................ 97,275 97,275 

069 0604281F TACTICAL DATA NETWORKS ENTERPRISE .................... 88,444 88,444 

070 0604287F PHYSICAL SECURITY EQUIPMENT ................................... 50 50 

071 0604329F SMALL DIAMETER BOMB (SDB) ......................................... 153,815 153,815 

072 0604421F COUNTERSPACE SYSTEMS .................................................. 64,248 64,248 

073 0604425F SPACE SITUATION AWARENESS SYSTEMS ..................... 308,134 271,434 

SBSS follow-on—program delay ........................................... [–36,700] 

074 0604429F AIRBORNE ELECTRONIC ATTACK ..................................... 11,107 11,107 

075 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD 512,642 512,642 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2772 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

076 0604443F THIRD GENERATION INFRARED SURVEILLANCE 

(3GIRS).

143,169 143,169 

077 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ........................ 18,671 18,671 

078 0604604F SUBMUNITIONS ...................................................................... 1,784 1,784 

079 0604617F AGILE COMBAT SUPPORT ................................................... 11,261 12,261 

Backpack Medical Oxygen System ....................................... [1,000] 

080 0604706F LIFE SUPPORT SYSTEMS ..................................................... 10,711 13,111 

ACES 5 Ejection Seat ............................................................ [2,400] 

081 0604735F COMBAT TRAINING RANGES .............................................. 29,718 29,718 

082 0604740F INTEGRATED COMMAND & CONTROL APPLICATIONS 

(IC2A).

10 4,010 

Distributed Mission Interoperability Toolkit (DMIT) ......... [4,000] 

083 0604750F INTELLIGENCE EQUIPMENT .............................................. 1,495 1,495 

084 0604800F JOINT STRIKE FIGHTER (JSF) ............................................ 1,858,055 2,073,055 

F136 Engine Development .................................................... [215,000] 

085 0604851F INTERCONTINENTAL BALLISTIC MISSILE ..................... 60,010 60,010 

086 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE).26,545 26,545 

087 0605011F RDT&E FOR AGING AIRCRAFT 

088 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT ... 439,615 439,615 

089 0605277F CSAR-X RDT&E ........................................................................ 89,975 0 

Use available prior year funds ............................................. [–89,975] 

090 0605278F HC/MC–130 RECAP RDT&E ................................................... 20,582 20,582 

091 0605452F JOINT SIAP EXECUTIVE PROGRAM OFFICE ................... 34,877 34,877 

092 0207434F LINK–16 SUPPORT AND SUSTAINMENT 

093 0207450F E–10 SQUADRONS 

094 0207451F SINGLE INTEGRATED AIR PICTURE (SIAP) ..................... 13,466 13,466 

095 0207701F FULL COMBAT MISSION TRAINING .................................. 99,807 99,807 

096 0305176F COMBAT SURVIVOR EVADER LOCATOR 

097 0401138F JOINT CARGO AIRCRAFT (JCA) .......................................... 9,353 9,353 

098 0401318F CV–22 ......................................................................................... 19,640 19,640 

099 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) .......................... 20,056 20,056 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, AIR FORCE.4,219,726 4,327,451 

RDT&E MANAGEMENT SUPPORT 

100 0604256F THREAT SIMULATOR DEVELOPMENT .............................. 27,789 27,789 

101 0604759F MAJOR T&E INVESTMENT ................................................... 60,824 68,324 

Holloman High Speed Test Track ........................................ [5,000] 

Eglin AFB Range Operations Control Center ..................... [2,500] 

102 0605101F RAND PROJECT AIR FORCE ................................................ 27,501 27,501 

103 0605502F SMALL BUSINESS INNOVATION RESEARCH 

104 0605712F INITIAL OPERATIONAL TEST & EVALUATION ............... 25,833 25,833 

105 0605807F TEST AND EVALUATION SUPPORT ................................... 736,488 755,788 

Program increase ................................................................... [19,300] 

106 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ........... 14,637 14,637 

107 0605864F SPACE TEST PROGRAM (STP) .............................................. 47,215 47,215 

108 0605976F FACILITIES RESTORATION AND MODERNIZATION— 

TEST AND EVALUATION SUPPORT.

52,409 52,409 

109 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION 

SUPPORT.

29,683 29,683 

110 0702806F ACQUISITION AND MANAGEMENT SUPPORT ................ 18,947 18,947 

111 0804731F GENERAL SKILL TRAINING ................................................ 1,450 1,450 

112 0909999F FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 

113 1001004F INTERNATIONAL ACTIVITIES ............................................. 3,748 3,748 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT, AIR 

FORCE.

1,046,524 1,073,324 

OPERATIONAL SYSTEMS DEVELOPMENT 

114 0604263F COMMON VERTICAL LIFT SUPPORT PLATFORM .......... 9,513 9,513 

115 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ..... 47,276 47,276 

116 0605798F ANALYSIS SUPPORT GROUP ............................................... [ ] [ ] 

117 0101113F B–52 SQUADRONS .................................................................. 93,930 93,930 

118 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ....................... 3,652 3,652 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2773 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

119 0101126F B–1B SQUADRONS .................................................................. 148,025 177,025 

Transferred from APAF Line 28 .......................................... [29,000] 

120 0101127F B–2 SQUADRONS .................................................................... 415,414 415,414 

121 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM .......... 33,836 33,836 

122 0101314F NIGHT FIST—USSTRATCOM ................................................ 5,328 5,328 

123 0101815F ADVANCED STRATEGIC PROGRAMS ................................. [ ] [ ] 

124 0102325F ATMOSPHERIC EARLY WARNING SYSTEM ..................... 9,832 9,832 

125 0102326F REGION/SECTOR OPERATION CONTROL CENTER 

MODERNIZATION PROGRAM.

25,734 25,734 

126 0102823F STRATEGIC AEROSPACE INTELLIGENCE SYSTEM ACTIVITIES.18 18 

127 0203761F WARFIGHTER RAPID ACQUISITION PROCESS (WRAP) 

RAPID TRANSITION FUND.

11,996 11,996 

128 0205219F MQ–9 UAV ................................................................................ 39,245 39,245 

129 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT.14,747 14,747 

130 0207131F A–10 SQUADRONS .................................................................. 9,697 9,697 

131 0207133F F–16 SQUADRONS .................................................................. 141,020 141,020 

132 0207134F F–15E SQUADRONS ................................................................ 311,167 312,167 

Corrosion Detection and Visualization Program ................ [1,000] 

133 0207136F MANNED DESTRUCTIVE SUPPRESSION .......................... 10,748 10,748 

134 0207138F F–22A SQUADRONS ................................................................ 569,345 569,345 

135 0207161F TACTICAL AIM MISSILES ..................................................... 5,915 5,915 

136 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE 

(AMRAAM).

49,971 49,971 

137 0207170F JOINT HELMET MOUNTED CUEING SYSTEM (JHMCS) 2,529 2,529 

138 0207227F COMBAT RESCUE—PARARESCUE ..................................... 2,950 2,950 

139 0207247F AF TENCAP .............................................................................. 11,643 11,643 

140 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ............ 2,950 2,950 

141 0207253F COMPASS CALL ...................................................................... 13,019 13,019 

142 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT 

PROGRAM.

166,563 154,563 

F135 Engine—Early to need ................................................. [–12,000] 

143 0207277F CSAF INNOVATION PROGRAM ............................................ 4,621 4,621 

144 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 29,494 29,494 

145 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ..................... 99,405 99,405 

146 0207412F CONTROL AND REPORTING CENTER (CRC) .................... 52,508 52,508 

147 0207417F AIRBORNE WARNING AND CONTROL SYSTEM 

(AWACS).

176,040 176,040 

148 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS 

149 0207423F ADVANCED COMMUNICATIONS SYSTEMS ...................... 63,782 63,782 

150 0207424F EVALUATION AND ANALYSIS PROGRAM ........................ [ ] [ ] 

151 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ...... 1,475 1,475 

152 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ................. 19,067 19,067 

153 0207445F FIGHTER TACTICAL DATA LINK ........................................ 72,106 72,106 

154 0207446F BOMBER TACTICAL DATA LINK 

155 0207448F C2ISR TACTICAL DATA LINK .............................................. 1,667 1,667 

156 0207449F COMMAND AND CONTROL (C2) CONSTELLATION ........ 26,792 26,792 

157 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS).140,670 140,670 

158 0207590F SEEK EAGLE ........................................................................... 22,071 22,071 

159 0207601F USAF MODELING AND SIMULATION ................................ 27,245 27,245 

160 0207605F WARGAMING AND SIMULATION CENTERS ..................... 7,018 7,018 

161 0207697F DISTRIBUTED TRAINING AND EXERCISES ..................... 6,740 6,740 

162 0208006F MISSION PLANNING SYSTEMS ........................................... 91,995 91,995 

163 0208021F INFORMATION WARFARE SUPPORT ................................. 12,271 12,271 

164 0208161F SPECIAL EVALUATION SYSTEM ........................................ [ ] [ ] 

165 0301310F NATIONAL AIR INTELLIGENCE CENTER ......................... [ ] [ ] 

Open Source Research Centers ............................................ [1,000] 

166 0301314F COBRA BALL ............................................................................ [ ] [ ] 

167 0301315F MISSILE AND SPACE TECHNICAL COLLECTION ........... [ ] [ ] 

168 0301324F FOREST GREEN ...................................................................... [ ] [ ] 

169 0301386F GDIP COLLECTION MANAGEMENT ................................... [ ] [ ] 

170 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER 

(NAOC).

26,107 26,107 

171 0303112F AIR FORCE COMMUNICATIONS (AIRCOM) 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2774 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

172 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).72,694 72,694 

173 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ............ 196,621 196,621 

174 0303141F GLOBAL COMBAT SUPPORT SYSTEM ............................... 3,375 3,375 

175 0303150F GLOBAL COMMAND AND CONTROL SYSTEM ................. 3,149 3,149 

176 0303158F JOINT COMMAND AND CONTROL PROGRAM (JC2) ....... 3,087 3,087 

177 0303601F MILSATCOM TERMINALS ..................................................... 257,693 257,693 

179 0304260F AIRBORNE SIGINT ENTERPRISE ........................................ 176,989 176,989 

180 0304311F SELECTED ACTIVITIES ......................................................... [ ] [ ] 

181 0304348F ADVANCED GEOSPATIAL INTELLIGENCE (AGI) ............ [ ] [ ] 

Advanced Technical Intelligence Center ............................. [6,500] 

182 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ............... 6,028 6,028 

183 0305103F CYBER SECURITY INITIATIVE ............................................ 2,065 2,065 

184 0305110F SATELLITE CONTROL NETWORK (SPACE) ...................... 20,991 20,991 

185 0305111F WEATHER SERVICE ............................................................... 33,531 33,531 

186 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING 

SYSTEM (ATCALS).

9,006 9,006 

187 0305116F AERIAL TARGETS ................................................................... 54,807 54,807 

188 0305124F SPECIAL APPLICATIONS PROGRAM .................................. [ ] [ ] 

189 0305127F FOREIGN COUNTERINTELLIGENCE ACTIVITIES .......... [ ] [ ] 

190 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ................. 742 742 

191 0305142F APPLIED TECHNOLOGY AND INTEGRATION ................. [ ] [ ] 

192 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.39 39 

194 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER 

EQUIPMENT) (SPACE).

137,692 137,692 

195 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE 

AND CONTROL SEGMENTS).

52,039 52,039 

196 0305172F COMBINED ADVANCED APPLICATIONS .......................... [ ] [ ] 

197 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER.3,599 3,599 

198 0305174F SPACE WARFARE CENTER .................................................. 3,009 3,009 

199 0305182F SPACELIFT RANGE SYSTEM (SPACE) ............................... 9,957 9,957 

200 0305193F INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO).1,240 1,240 

201 0305202F DRAGON U–2 

202 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ............... 73,736 38,736 

ISIS ......................................................................................... [–35,000] 

203 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ........................ 143,892 145,892 

GORGON STARE ..................................................................

Multiple UAS Cooperative Concentrated Observation and 

Engagement Against a Common Ground Objective.

[2,000] 

204 0305207F MANNED RECONNAISSANCE SYSTEMS ........................... 12,846 15,346 

Rivet Joint Services Oriented Architecture (SOA) ............. [2,500] 

205 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 82,765 82,765 

206 0305219F MQ–1 PREDATOR A UAV ....................................................... 18,101 22,101 

Sense and avoid ..................................................................... [4,000] 

207 0305220F RQ–4 UAV ................................................................................. 317,316 317,316 

208 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING .... 8,160 8,160 

209 0305265F GPS III SPACE SEGMENT ..................................................... 815,095 717,695 

GPS Control Segment (OCX) ................................................ [–97,400] 

210 0305614F JSPOC MISSION SYSTEM ..................................................... 131,271 137,271 

Karnac .................................................................................... [6,000] 

211 0305887F INTELLIGENCE SUPPORT TO INFORMATION WARFARE.5,267 5,267 

212 0305906F NCMC—TW/AA SYSTEM 

213 0305913F NUDET DETECTION SYSTEM (SPACE) .............................. 84,021 84,021 

214 0305924F NATIONAL SECURITY SPACE OFFICE .............................. 10,634 10,634 

215 0305940F SPACE SITUATION AWARENESS OPERATIONS .............. 54,648 54,648 

216 0307141F INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEVELOPMENT.30,076 30,076 

217 0308699F SHARED EARLY WARNING (SEW) ...................................... 3,082 3,082 

218 0401115F C–130 AIRLIFT SQUADRON .................................................. 201,250 201,250 

219 0401119F C–5 AIRLIFT SQUADRONS (IF) ............................................ 95,266 95,266 

220 0401130F C–17 AIRCRAFT (IF) ............................................................... 161,855 161,855 

221 0401132F C–130J PROGRAM ................................................................... 30,019 30,019 

222 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 31,784 31,784 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2775 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

223 0401218F KC–135S .................................................................................... 10,297 10,297 

224 0401219F KC–10S ...................................................................................... 35,586 35,586 

225 0401221F KC–135 TANKER REPLACEMENT 

226 0401314F OPERATIONAL SUPPORT AIRLIFT ..................................... 4,916 4,916 

227 0401839F AIR MOBILITY TACTICAL DATA LINK 

228 0408011F SPECIAL TACTICS / COMBAT CONTROL ........................... 8,222 8,222 

229 0702207F DEPOT MAINTENANCE (NON-IF) ....................................... 1,508 1,508 

230 0702976F FACILITIES RESTORATION & MODERNIZATION—LOGISTICS 

231 0708011F INDUSTRIAL PREPAREDNESS ............................................ 2,000 

Wire Integrity Technology .................................................... [2,000] 

232 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ....... 246,483 246,483 

233 0708611F SUPPORT SYSTEMS DEVELOPMENT ................................ 6,288 8,288 

ALC Logistics Integration Environment ............................. [2,000] 

234 0804743F OTHER FLIGHT TRAINING .................................................. 805 805 

235 0804757F JOINT NATIONAL TRAINING CENTER .............................. 3,220 3,220 

236 0804772F TRAINING DEVELOPMENTS ................................................ 1,769 1,769 

237 0808716F OTHER PERSONNEL ACTIVITIES ....................................... 116 116 

238 0901202F JOINT PERSONNEL RECOVERY AGENCY ........................ 6,376 11,376 

Biometric signature and passive physiological monitoring [5,000] 

239 0901212F SERVICE-WIDE SUPPORT (NOT OTHERWISE ACCOUNTED FOR) 

240 0901218F CIVILIAN COMPENSATION PROGRAM .............................. 8,174 8,174 

241 0901220F PERSONNEL ADMINISTRATION ......................................... 10,492 30,982 

DIMHRS—OSD requested transfer from RDDW, Line 117 [20,490] 

242 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS 

DEVELOPMENT.

55,991 55,991 

999 9999999 OTHER PROGRAMS ................................................................ 11,955,084 12,137,084 

Program Increase .................................................................. [172,500] 

Carbon Nanotube Enhanced Power Sources for Space ...... [2,000] 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, AIR FORCE.18,751,901 18,863,491 

TOTAL, RDT&E AIR FORCE .............................................. 27,992,827 28,401,642 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, 

DEFENSE-WIDE 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH INITIATIVE ................................ 48,544 48,544 

002 0601101E DEFENSE RESEARCH SCIENCES ....................................... 226,125 226,125 

003 0601111D8Z GOVERNMENT/INDUSTRY COSPONSORSHIP OF UNIVERSITY RESEARCH 

004 0601114D8Z DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE 

COMPETITIVE RESEARCH.

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ................ 89,980 89,980 

006 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ..... 58,974 64,874 

In-vitro models for bio-defense vaccines .............................. [1,900] 

Synchrotron Beamline and Experimental Station .............. [4,000] 

SUBTOTAL, BASIC RESEARCH, DEFENSE-WIDE ....... 423,623 429,523 

APPLIED RESEARCH 

007 0602000D8Z JOINT MUNITIONS TECHNOLOGY .................................... 22,669 18,961 

Partial Program Growth Reduction ..................................... [–3,708] 

008 0602227D8Z MEDICAL FREE ELECTRON LASER 

009 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU) SCIENCE.15,164 20,164 

Historically Black Colleges and Universities and Minority 

Serving Institutions Program.

[5,000] 

010 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ............. 34,034 34,034 

011 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY .. 282,749 272,749 

Program Reduction ................................................................ [–10,000] 

012 0602304E COGNITIVE COMPUTING SYSTEMS .................................. 142,840 142,840 

013 0602383E BIOLOGICAL WARFARE DEFENSE .................................... 40,587 40,587 

014 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ..... 209,072 212,972 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2776 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

Chemical and biological infrared detector ........................... [1,900] 

Chemical and Biological Resistant Clothing ....................... [2,000] 

015 0602663D8Z JOINT DATA MANAGEMENT ADVANCED DEVELOPMENT.4,940 4,940 

016 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) APPLIED RESEARCH.9,446 9,446 

017 0602702E TACTICAL TECHNOLOGY ..................................................... 276,075 266,075 

Program Reduction ................................................................ [–10,000] 

018 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ............... 268,859 263,859 

Program Reduction ................................................................ [–5,000] 

019 0602716E ELECTRONICS TECHNOLOGY ............................................. 223,841 213,841 

Program Reduction ................................................................ [–10,000] 

020 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES.219,130 220,630 

Blast mitigation and protection ............................................ [1,500] 

021 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT 27,384 27,384 

022 1160407BB SOF MEDICAL TECHNOLOGY DEVELOPMENT 

SUBTOTAL, APPLIED RESEARCH, DEFENSE-WIDE 1,776,790 1,748,482 

ADVANCED TECHNOLOGY DEVELOPMENT 

023 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .............. 23,538 16,754 

Partial Program Growth Reduction ..................................... [–6,784] 

024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT .................................. 43,808 43,808 

025 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ..... 81,868 92,368 

Reconnaissance and data exploitation systems .................. [3,500] 

Affordable Robust Mid-Sized UGV ....................................... [2,000] 

Integrated Rugged Checkpoint Container ........................... [2,500] 

Combating Terrorism: Threat and Risk Assessment ......... [2,500] 

026 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT.233,203 233,203 

027 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ............... 109,760 104,760 

General Reduction ................................................................. [–5,000] 

028 0603200D8Z JOINT ADVANCED CONCEPTS ............................................ 7,817 7,817 

029 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT.23,276 23,276 

030 0603286E ADVANCED AEROSPACE SYSTEMS ................................... 338,360 249,360 

Program Reduction ................................................................ [–89,000] 

031 0603287E SPACE PROGRAMS AND TECHNOLOGY ........................... 200,612 200,612 

032 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM— 

ADVANCED DEVELOPMENT.

282,235 284,235 

Total Perimeter Surveillance ................................................ [2,000] 

033 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ........... 10,838 10,838 

034 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 198,352 177,352 

JCTD new starts .................................................................... [–25,000] 

High Accuracy Network Determination System—Intelligent Optical Networks (HANDS-ION).[2,000] 

Distributed Network Switching and Security ..................... [2,000] 

035 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ......... 28,212 28,212 

036 0603663D8Z JOINT DATA MANAGEMENT RESEARCH ......................... 4,935 4,935 

037 0603665D8Z BIOMETRICS SCIENCE AND TECHNOLOGY .................... 10,993 10,993 

038 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) ADVANCED DEVELOPMENT.11,480 11,480 

039 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND 

TECHNOLOGY PROGRAM.

14,638 24,638 

High performance defense manufacturing technology ....... [10,000] 

040 0603711D8Z JOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS 9,110 11,110 

Robotics training systems ..................................................... [2,000] 

041 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.19,043 33,643 

Biofuels program ................................................................... [2,000] 

Biomass conversion research ................................................ [1,600] 

Fuel cell manufacturing research ........................................ [1,000] 

Vehicle fuel cell and hydrogen logistics program ............... [8,000] 

Next Generation Manufacturing Technologies Initiative ... [2,000] 

042 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE 

TECHNOLOGY.

29,356 29,356 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2777 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

043 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 69,175 69,175 

044 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT 

AND SUPPORT.

26,310 30,810 

Feature Size Yield Enhancement at DMEA’s Semiconductors Foundry.[2,500] 

End to End Semi Fab Alpha Tool ........................................ [2,000] 

045 0603727D8Z JOINT WARFIGHTING PROGRAM ....................................... 11,135 11,135 

046 0603739E ADVANCED ELECTRONICS TECHNOLOGIES .................. 205,912 190,912 

Program Reduction ................................................................ [–15,000] 

047 0603745D8Z SYNTHETIC APERTURE RADAR (SAR) COHERENT 

CHANGE DETECTION (CDD).

4,864 4,864 

048 0603750D8Z ADVANCED CONCEPT TECHNOLOGY DEMONSTRATIONS 

049 0603755D8Z HIGH PERFORMANCE COMPUTING MODERNIZATION 

PROGRAM.

221,286 224,286 

Computational design of novel materials ............................ [3,000] 

050 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS.293,476 275,326 

CCC-CLS execution delays ................................................... [–18,150] 

051 0603764E LAND WARFARE TECHNOLOGY 

052 0603765E CLASSIFIED DARPA PROGRAMS ........................................ 186,526 186,526 

053 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY .............. 135,941 135,941 

054 0603767E SENSOR TECHNOLOGY ........................................................ 243,056 218,056 

Program Reduction ................................................................ [–15,000] 

SEN-CLS execution delays ................................................... [–10,000] 

055 0603768E GUIDANCE TECHNOLOGY ................................................... 37,040 37,040 

056 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY 

DEVELOPMENT.

13,822 13,822 

057 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ............................ 31,298 31,298 

058 0603805S DUAL USE TECHNOLOGY 

059 0603826D8Z QUICK REACTION SPECIAL PROJECTS ............................ 107,984 94,484 

Quick Reaction Fund ............................................................. [–15,000] 

Special warfare domain awareness ...................................... [1,500] 

060 0603828D8Z JOINT EXPERIMENTATION ................................................. 124,480 122,180 

Tidewater Full Scale Exercise .............................................. [2,700] 

National Center for Small Unit Excellence ......................... [–5,000] 

061 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT 

OFFICE.

38,505 38,505 

062 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ......... 95,734 95,734 

063 0603942D8Z TECHNOLOGY TRANSFER ................................................... 2,219 5,219 

National Radio Frequency RD&T Transfer Center ............ [3,000] 

064 0909999D8Z FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 

065 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT.31,675 36,775 

Lithium ion battery safety research .................................... [1,600] 

Partnership for Defense Innovation Wi-Fi Laboratory 

Testing and Assessment Center.

[3,500] 

066 1160422BB AVIATION ENGINEERING ANALYSIS ................................ 3,544 3,544 

067 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS ADVANCED TECHNOLOGY.4,988 4,988 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, DEFENSE-WIDE.3,570,404 3,429,370 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E ADC&P.

36,019 36,019 

069 0603228D8Z PHYSICAL SECURITY EQUIPMENT 

070 0603527D8Z RETRACT LARCH .................................................................... 21,718 21,718 

071 0603709D8Z JOINT ROBOTICS PROGRAM ............................................... 11,803 13,803 

Autonomous Machine Vision for Mapping and Investigation of Remote Sites.[2,000] 

072 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ............ 17,771 17,771 

073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.31,613 31,613 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2778 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE 

SEGMENT.

719,465 719,465 

075 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE 

SEGMENT.

982,922 1,002,922 

GBI vendor base sustainment .............................................. [20,000] 

076 0603883C BALLISTIC MISSILE DEFENSE BOOST DEFENSE SEGMENT.186,697 186,697 

077 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ..... 205,952 207,552 

Real-time non-specific viral agent detector ......................... [1,600] 

078 0603884C BALLISTIC MISSILE DEFENSE SENSORS ........................ 636,856 636,856 

079 0603886C BALLISTIC MISSILE DEFENSE SYSTEM INTERCEPTOR 

080 0603888C BALLISTIC MISSILE DEFENSE TEST & TARGETS ......... 966,752 940,752 

Target Synchronization with Test Schedule ....................... [–26,000] 

081 0603890C BMD ENABLING PROGRAMS ............................................... 369,145 354,145 

Programs Reduction .............................................................. [–15,000] 

082 0603891C SPECIAL PROGRAMS—MDA ................................................. 301,566 286,566 

Program Decrease due to excessive growth ........................ [–15,000] 

083 0603892C AEGIS BMD .............................................................................. 1,690,758 1,690,758 

084 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM .............. 180,000 173,200 

Demonstration Satellites ...................................................... [–6,800] 

085 0603894C MULTIPLE KILL VEHICLE 

086 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS.12,549 12,549 

087 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATIONS.

340,014 340,014 

088 0603897C BALLISTIC MISSILE DEFENSE HERCULES ..................... 48,186 48,186 

089 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER 

SUPPORT.

60,921 61,421 

Independent Advisory Group to Review Ballistic Missile 

Defense Training Needs.

[500] 

090 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS 

CENTER (MDIOC).

86,949 86,949 

091 0603906C REGARDING TRENCH ........................................................... 6,164 6,164 

092 0603907C SEA BASED X-BAND RADAR (SBX) ..................................... 174,576 174,576 

093 0603908C BMD EUROPEAN INTERCEPTOR SITE 

094 0603909C BMD EUROPEAN MIDCOURSE RADAR 

095 0603911C BMD EUROPEAN CAPABILITY ............................................ 50,504 50,504 

096 0603912C BMD EUROPEAN COMMUNICATIONS SUPPORT 

097 0603913C ISRAELI COOPERATIVE PROGRAMS ................................. 119,634 144,634 

Short-range ballistic missile defense ................................... [25,000] 

098 0603920D8Z HUMANITARIAN DEMINING ............................................... 14,687 14,687 

099 0603923D8Z COALITION WARFARE .......................................................... 13,885 13,885 

100 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ... 4,887 8,387 

Corrosion control research .................................................... [3,500] 

101 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DEVELOPMENT.55,289 55,289 

102 0604648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 18,577 18,577 

103 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) RESEARCH AND ENGINEERING.7,006 7,006 

104 0604787D8Z JOINT SYSTEMS INTEGRATION COMMAND (JSIC) ........ 19,744 19,744 

105 0604828D8Z JOINT FIRES INTEGRATION AND INTEROPERABILITY 

TEAM.

16,972 16,972 

106 0605017D8Z REDUCTION OF TOTAL OWNERSHIP COST ..................... 24,647 24,647 

107 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM.3,949 3,949 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, DEFENSE-WIDE.7,438,177 7,427,977 

SYSTEM DEVELOPMENT & DEMONSTRATION 

108 0604051D8Z DEFENSE ACQUISITION CHALLENGE PROGRAM 

(DACP).

28,862 28,862 

109 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY 

EQUIPMENT RDT&E SDD.

7,628 7,628 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2779 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

110 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT.166,913 166,913 

111 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ..... 332,895 332,895 

112 0604709D8Z JOINT ROBOTICS PROGRAM ............................................... 5,127 5,127 

113 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE 

(AITS-JPO).

39,911 39,911 

114 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS).20,633 20,633 

115 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES.8,735 8,735 

116 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ............. 11,705 11,705 

117 0605018BTA DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (DIMHRS).70,000 18,710 

Transfer to RDA, line 117 for DIMHRS execution ............. [–30,800] 

Transfer to RDAF, line 241 for DIMHRS execution ........... [–20,490] 

118 0605020BTA BUSINESS TRANSFORMATION AGENCY R&D ACTIVITIES.197,008 197,008 

119 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ......... 395 395 

120 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ....................... 5,000 5,000 

121 0605140D8Z TRUSTED FOUNDRY .............................................................. 41,223 41,223 

122 0605648D8Z DEFENSE ACQUISITION EXECUTIVE (DAE) PILOT 

PROGRAM.

4,267 4,267 

123 0303141K GLOBAL COMBAT SUPPORT SYSTEM ............................... 18,431 18,431 

124 0303158K JOINT COMMAND AND CONTROL PROGRAM (JC2) ....... 49,047 49,047 

125 0807708D8Z WOUNDED ILL AND INJURED SENIOR OVERSIGHT 

COMMITTEE (WII-SOC) STAFF OFFICE.

1,609 1,609 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, DEFENSE-WIDE.1,009,389 958,099 

RDT&E MANAGEMENT SUPPORT 

126 0603757D8Z TRAINING TRANSFORMATION (T2) 

127 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) .... 13,121 13,121 

128 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ....... 15,247 15,247 

129 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).145,052 155,052 

Joint Gulf Range Test and Training Complex .................... [3,000] 

Gulf Range Mobile Instrumentation Capability ................. [3,000] 

Advanced SAM Hardware Simulator Development ........... [4,000] 

130 0604943D8Z THERMAL VICAR .................................................................... 9,045 9,045 

131 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY 

(JMETC).

9,455 9,455 

132 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS .......... 44,760 44,760 

133 0605110D8Z USD(A&T)—CRITICAL TECHNOLOGY SUPPORT ............. 4,914 4,914 

134 0605117D8Z FOREIGN MATERIAL ACQUISITION AND EXPLOITATION.94,921 94,921 

135 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).96,909 96,909 

136 0605128D8Z CLASSIFIED PROGRAM USD(P) ........................................... [ ] [ ] 

137 0605130D8Z FOREIGN COMPARATIVE TESTING ................................... 35,054 35,054 

138 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ..................... 6,474 6,474 

139 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION.14,916 14,916 

140 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) .............. 5,888 5,888 

141 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ..... 106,477 106,477 

142 0605502BR SMALL BUSINESS INNOVATION RESEARCH 

143 0605502C SMALL BUSINESS INNOVATIVE RESEARCH—MDA 

144 0605502D8Z SMALL BUSINESS INNOVATIVE RESEARCH 

145 0605502E SMALL BUSINESS INNOVATIVE RESEARCH 

146 0605502S SMALL BUSINESS INNOVATIVE RESEARCH 

147 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH/CHALLENGE ADMINISTRATION.2,163 4,063 

Anti-tamper software systems .............................................. [1,900] 

148 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ................................. 11,005 11,005 

149 0605798S DEFENSE TECHNOLOGY ANALYSIS 

150 0605799D8Z FORCE TRANSFORMATION DIRECTORATE ..................... 19,981 19,981 

151 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 54,411 49,411 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2780 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

Program Reduction ................................................................ [–5,000] 

152 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING 

AND EVALUATION.

19,554 19,554 

153 0605804D8Z DEVELOPMENT TEST AND EVALUATION ....................... 23,512 23,512 

154 0605897E DARPA AGENCY RELOCATION ........................................... 45,000 45,000 

155 0605898E MANAGEMENT HQ—R&D ..................................................... 51,055 51,055 

156 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ......................... 5,929 5,929 

157 0606301D8Z AVIATION SAFETY TECHNOLOGIES ................................. 8,000 8,000 

158 0204571J JOINT STAFF ANALYTICAL SUPPORT .............................. 1,250 1,250 

159 0301555G CLASSIFIED PROGRAMS ...................................................... [ ] [ ] 

160 0301556G SPECIAL PROGRAM ............................................................... [ ] [ ] 

161 0303166D8Z SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES.30,604 30,604 

162 0303169D8Z INFORMATION TECHNOLOGY RAPID ACQUISITION .... 4,667 4,667 

163 0305103E CYBER SECURITY INITIATIVE ............................................ 50,000 50,000 

164 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO).20,648 20,648 

165 0305193G INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO).[ ] [ ] 

166 0305400D8Z WARFIGHTING AND INTELLIGENCE-RELATED SUPPORT.829 829 

167 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING 

TRANSFORMATION (CE2T2).

34,306 34,306 

168 0901585C PENTAGON RESERVATION .................................................. 19,709 19,709 

169 0901598C MANAGEMENT HQ—MDA .................................................... 57,403 57,403 

170 0901598D8W IT SOFTWARE DEV INITIATIVES ........................................ 980 980 

170A 9999999 OTHER PROGRAMS ................................................................ 124,705 124,705 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT, DEFENSE-WIDE.1,187,944 1,194,844 

OPERATIONAL SYSTEMS DEVELOPMENT 

171 0604130V DEFENSE INFORMATION SYSTEM FOR SECURITY 

(DISS).

1,384 1,384 

172 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND 

PARTNERSHIP FOR PEACE INFORMATION MANA.

2,001 2,001 

173 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS).292 292 

174 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).6,198 6,198 

175 0607828D8Z JOINT INTEGRATION AND INTEROPERABILITY ............ 46,214 46,214 

176 0204571J JOINT STAFF ANALYTICAL SUPPORT 

177 0208043J CLASSIFIED PROGRAMS ...................................................... 2,179 2,179 

178 0208045K C4I INTEROPERABILITY ....................................................... 74,786 74,786 

180 0301144K JOINT/ALLIED COALITION INFORMATION SHARING ... 10,767 10,767 

181 0301301L GENERAL DEFENSE INTELLIGENCE PROGRAM ........... [ ] [ ] 

Advanced Scientific Missile Intelligence Preparation of 

the Battlespace (IPB).

[2,500] 

Portable Device for Latent Fingerprint Identification ....... [1,800] 

182 0301318BB HUMINT (CONTROLLED) ...................................................... [ ] [ ] 

183 0301371G CYBER SECURITY INITIATIVE—CCP ................................. [ ] [ ] 

184 0301372L CYBER SECURITY INITIATIVE—GDIP ............................... [ ] [ ] 

185 0301555BZ CLASSIFIED PROGRAMS ...................................................... [ ] [ ] 

186 0301556BZ SPECIAL PROGRAM ............................................................... [ ] [ ] 

187 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT.548 548 

188 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING 

AND INTEGRATION.

17,655 17,655 

189 0303126K LONG-HAUL COMMUNICATIONS—DCS ............................ 9,406 9,406 

190 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).9,830 9,830 

191 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) .............................. 8,116 8,116 

192 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ............... 41,002 41,002 

193 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ............ 13,477 13,477 

194 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ............ 408,316 408,316 

195 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 

196 0303148K DISA MISSION SUPPORT OPERATIONS ............................ 1,205 1,205 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2781 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

197 0303149J C4I FOR THE WARRIOR ........................................................ 4,098 4,098 

198 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ................. 23,761 23,761 

199 0303153K JOINT SPECTRUM CENTER ................................................. 18,944 18,944 

200 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) .............. 1,782 1,782 

201 0303260D8Z JOINT MILITARY DECEPTION INITIATIVE ...................... 942 942 

202 0303610K TELEPORT PROGRAM ........................................................... 5,239 5,239 

203 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES ........... 16,381 16,381 

204 0304345BQ NATIONAL GEOSPATIAL-INTELLIGENCE PROGRAM 

(NGP).

[ ] [ ] 

206 0305103D8Z CYBER SECURITY INITIATIVE ............................................ 993 993 

207 0305103G CYBER SECURITY INITIATIVE ............................................ [ ] [ ] 

208 0305103K CYBER SECURITY INITIATIVE ............................................ 10,080 10,080 

209 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) ......... 12,725 12,725 

210 0305127BZ FOREIGN COUNTERINTELLIGENCE ACTIVITIES 

211 0305127L FOREIGN COUNTERINTELLIGENCE ACTIVITIES .......... [ ] [ ] 

212 0305146BZ DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.[ ] [ ] 

213 0305146L DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.[ ] [ ] 

214 0305183L DEFENSE HUMAN INTELLIGENCE (HUMINT) ACTIVITIES.[ ] [ ] 

215 0305186D8Z POLICY R&D PROGRAMS ...................................................... 6,948 6,948 

216 0305193L INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) 

217 0305199D8Z NET CENTRICITY ................................................................... 1,479 1,479 

218 0305202G DRAGON U–2 ........................................................................... [ ] [ ] 

219 0305206G AIRBORNE RECONNAISSANCE SYSTEMS ........................ [ ] [ ] 

220 0305207G MANNED RECONNAISSANCE SYSTEMS ...........................

221 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 1,407 1,407 

222 0305208BQ DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS [ ] [ ] 

223 0305208G DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS [ ] [ ] 

224 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,158 3,158 

225 0305208L DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS [ ] [ ] 

226 0305219BB MQ–1 PREDATOR A UAV ....................................................... 2,067 2,067 

227 0305229G REAL-TIME ARCHITECTURE DEVELOPMENT (RT10) .... [ ] [ ] 

228 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER 

PROGRAM.

2,963 2,963 

229 0305600D8Z INTERNATIONAL INTELLIGENCE TECHNOLOGY ASSESSMENT, ADVANCEMENT AND INTEGRATION.1,389 1,389 

230 0305866L DIA SUPPORT TO SOUTHCOM INTELLIGENCE ACTIVITIES 

231 0305880L COMBATANT COMMAND INTELLIGENCE OPERATIONS 

232 0305883L HARD AND DEEPLY BURIED TARGET (HDBT) INTEL 

SUPPORT.

[ ] [ ] 

233 0305884L INTELLIGENCE PLANNING AND REVIEW ACTIVITIES [ ] [ ] 

Technology applications for security enhancement ............ [3,000] 

235 0305889G COUNTERDRUG INTELLIGENCE SUPPORT 

236 0307141G INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEV.[ ] [ ] 

237 0307207G AERIAL COMMON SENSOR (ACS) ....................................... [ ] [ ] 

238 0708011S INDUSTRIAL PREPAREDNESS ............................................ 20,514 51,714 

Industrial Base Innovation Fund ......................................... [30,000] 

Northwest Manufacturing Initiative .................................... [1,200] 

239 0708012S LOGISTICS SUPPORT ACTIVITIES ..................................... 2,798 2,798 

240 0902298J MANAGEMENT HEADQUARTERS (JCS) ............................ 8,303 8,303 

241 1001018D8Z NATO AGS ................................................................................ 74,485 74,485 

242 1105219BB MQ–9 UAV ................................................................................ 4,380 4,380 

243 1130435BB STORM 

244 1160279BB SMALL BUSINESS INNOVATIVE RESEARCH/SMALL 

BUS TECH TRANSFER PILOT PROG 

245 1160403BB SPECIAL OPERATIONS AVIATION SYSTEMS ADVANCED DEVELOPMENT.82,621 72,621 

Avionics Modernization Program ......................................... [–10,000] 

246 1160404BB SPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT.6,182 1,594 

SOF Resource Business Information System ...................... [–4,588] 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2782 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

247 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS DEVELOPMENT.21,273 33,173 

Biometric Optical Surveillance System (BOSS) .................. [2,000] 

Counterproliferation Analysis and Planning System 

(CAPS).

[5,000] 

Advanced long endurance unattended ground sensor technologies.[4,900] 

248 1160408BB SOF OPERATIONAL ENHANCEMENTS .............................. 60,310 60,310 

249 1160421BB SPECIAL OPERATIONS CV–22 DEVELOPMENT .............. 12,687 12,687 

250 1160423BB JOINT MULTI-MISSION SUBMERSIBLE ............................ 43,412 43,412 

251 1160425BB SPECIAL OPERATIONS AIRCRAFT DEFENSIVE SYSTEMS 

252 1160426BB OPERATIONS ADVANCED SEAL DELIVERY SYSTEM 

(ASDS) DEVELOPMENT.

1,321 0 

ASDS ...................................................................................... [–1,321] 

253 1160427BB MISSION TRAINING AND PREPARATION SYSTEMS 

(MTPS).

3,192 3,192 

254 1160428BB UNMANNED VEHICLES (UV) 

255 1160429BB MC130J SOF TANKER RECAPITALIZATION ..................... 5,957 5,957 

256 1160474BB SOF COMMUNICATIONS EQUIPMENT AND ELECTRONICS SYSTEMS.733 733 

257 1160476BB SOF TACTICAL RADIO SYSTEMS ........................................ 2,368 2,368 

258 1160477BB SOF WEAPONS SYSTEMS ..................................................... 1,081 1,081 

259 1160478BB SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS 597 597 

260 1160479BB SOF VISUAL AUGMENTATION, LASERS AND SENSOR 

SYSTEMS.

3,369 4,869 

Miniature Day Night Sight for Crew Served Weapons ...... [1,500] 

261 1160480BB SOF TACTICAL VEHICLES ................................................... 1,973 1,973 

262 1160482BB SOF ROTARY WING AVIATION ............................................ 18,863 18,863 

263 1160483BB SOF UNDERWATER SYSTEMS ............................................. 3,452 7,452 

Transformer Technology for Combat Submersibles (TTCS) [4,000] 

264 1160484BB SOF SURFACE CRAFT ........................................................... 12,250 12,250 

265 1160488BB SOF PSYOP ............................................................................... 9,887 9,887 

266 1160489BB SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES ........ 4,944 4,944 

267 1160490BB SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE 11,547 11,547 

999 9999999 OTHER PROGRAMS ................................................................ 4,148,984 4,156,284 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, DEFENSE-WIDE.5,335,215 5,375,206 

DARPA execution adjustment .............................................. –150,000 

Total, RDT&E Defense-Wide ............................................... 20,741,542 20,413,501 

OPERATIONAL TEST & EVALUATION, DEFENSE 

001 0605118OTE OPERATIONAL TEST AND EVALUATION ......................... 58,647 58,647 

002 0605131OTE LIVE FIRE TEST AND EVALUATION .................................. 12,285 12,285 

003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ....... 119,838 119,838 

Total, Operational Test & Evaluation, Defense ............. 190,770 190,770 

TOTAL RDT&E ....................................................................... 78,634,289 79,251,608 

SEC. 4202. RESEARCH, DEVELOPMENT, TEST AND EVALUATION FOR 

OVERSEAS CONTINGENCY OPERATIONS. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, 

ARMY 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2783 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

SYSTEM DEVELOPMENT & DEMONSTRATION 

075 0604270A ELECTRONIC WARFARE DEVELOPMENT ........................ 18,598 18,598 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, ARMY ....................................................... 18,598 18,598 

OPERATIONAL SYSTEMS DEVELOPMENT 

160 0301359A SPECIAL ARMY PROGRAM ................................................... [ ] [ ] 

161 0303028A SECURITY AND INTELLIGENCE ACTIVITIES .................. 7,644 7,644 

162 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ............ 2,220 2,220 

167 0305204A TACTICAL UNMANNED AERIAL VEHICLES .................... 29,500 29,500 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, ARMY ...................................................................... 39,364 39,364 

TOTAL, RDT&E ARMY ......................................................... 57,962 57,962 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

026 0603207N AIR/OCEAN TACTICAL APPLICATIONS 

027 0603216N AVIATION SURVIVABILITY .................................................. 8,000 0 

Non-emergency development funding .................................. [–8,000] 

041 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ...... 9,000 0 

Non-emergency development funding .................................. [–9,000] 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, NAVY ...................................... 17,000 0 

SYSTEM DEVELOPMENT & DEMONSTRATION 

OPERATIONAL SYSTEMS DEVELOPMENT 

188 0301303N MARITIME INTELLIGENCE .................................................. [ ] [ ] 

189 0301323N COLLECTION MANAGEMENT ............................................. [ ] [ ] 

190 0301327N TECHNICAL RECONNAISSANCE AND SURVEILLANCE [ ] [ ] 

191 0301372N CYBER SECURITY INITIATIVE—GDIP ............................... [ ] [ ] 

203 0305207N MANNED RECONNAISSANCE SYSTEMS ........................... 51,900 51,900 

210 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) .................. 6,000 6,000 

999 9999999 OTHER PROGRAMS ................................................................ 32,280 32,280 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, RDT&E .................................................................... 90,180 90,180 

TOTAL, RDT&E NAVY .......................................................... 107,180 90,180 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, 

AIR FORCE 

BASIC RESEARCH 

004 0301555F CLASSIFIED PROGRAMS ...................................................... [ ] [ ] 

005 0301556F SPECIAL PROGRAM ............................................................... [ ] [ ] 

SUBTOTAL, BASIC RESEARCH, AIR FORCE ............... 0 0 

OPERATIONAL SYSTEMS DEVELOPMENT 

116 0605798F ANALYSIS SUPPORT GROUP ............................................... [ ] [ ] 

123 0101815F ADVANCED STRATEGIC PROGRAMS ................................. [ ] [ ] 

128 0205219F MQ–9 UAV ................................................................................ 1,400 1,400 

149 0207423F ADVANCED COMMUNICATIONS SYSTEMS ...................... 9,375 9,375 

150 0207424F EVALUATION AND ANALYSIS PROGRAM ........................ [ ] [ ] 

164 0208161F SPECIAL EVALUATION SYSTEM ........................................ [ ] [ ] 

165 0301310F NATIONAL AIR INTELLIGENCE CENTER ......................... [ ] [ ] 

166 0301314F COBRA BALL ............................................................................ [ ] [ ] 

167 0301315F MISSILE AND SPACE TECHNICAL COLLECTION ........... [ ] [ ] 

168 0301324F FOREST GREEN ...................................................................... [ ] [ ] 

169 0301386F GDIP COLLECTION MANAGEMENT ................................... [ ] [ ] 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2784 PUBLIC LAW 111–84—OCT. 28, 2009 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program 

Element Item FY 2010 Request 

Conference 

Authorized 

180 0304311F SELECTED ACTIVITIES ......................................................... [ ] [ ] 

181 0304348F ADVANCED GEOSPATIAL INTELLIGENCE (AGI) ............ [ ] [ ] 

188 0305124F SPECIAL APPLICATIONS PROGRAM .................................. [ ] [ ] 

189 0305127F FOREIGN COUNTERINTELLIGENCE ACTIVITIES .......... [ ] [ ] 

191 0305142F APPLIED TECHNOLOGY AND INTEGRATION ................. [ ] [ ] 

196 0305172F COMBINED ADVANCED APPLICATIONS .......................... [ ] [ ] 

206 0305219F MQ–1 PREDATOR A UAV ....................................................... 1,400 1,400 

999 9999999 OTHER PROGRAMS ................................................................ 17,111 17,111 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, AIR FORCE ............................................................ 29,286 29,286 

TOTAL, RDT&E AIR FORCE .............................................. 29,286 29,286 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, 

DEFENSE-WIDE 

RDT&E MANAGEMENT SUPPORT 

159 0301555G CLASSIFIED PROGRAMS ...................................................... [ ] [ ] 

160 0301556G SPECIAL PROGRAM ............................................................... [ ] [ ] 

165 0305193G INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO).[ ] [ ] 

181 0301301L GENERAL DEFENSE INTELLIGENCE PROGRAM ........... [ ] [ ] 

182 0301318BB HUMINT (CONTROLLED) ...................................................... [ ] [ ] 

183 0301371G CYBER SECURITY INITIATIVE—CCP ................................. [ ] [ ] 

184 0301372L CYBER SECURITY INITIATIVE—GDIP ............................... [ ] [ ] 

185 0301555BZ CLASSIFIED PROGRAMS ...................................................... [ ] [ ] 

186 0301556BZ SPECIAL PROGRAM ............................................................... [ ] [ ] 

198 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ................. 2,750 2,750 

204 0304345BQ NATIONAL GEOSPATIAL-INTELLIGENCE PROGRAM 

(NGP).

[ ] [ ] 

207 0305103G CYBER SECURITY INITIATIVE ............................................ [ ] [ ] 

211 0305127L FOREIGN COUNTERINTELLIGENCE ACTIVITIES .......... [ ] [ ] 

212 0305146BZ DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.[ ] [ ] 

213 0305146L DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.[ ] [ ] 

214 0305183L DEFENSE HUMAN INTELLIGENCE (HUMINT) ACTIVITIES.[ ] [ ] 

218 0305202G DRAGON U–2 ........................................................................... [ ] [ ] 

219 0305206G AIRBORNE RECONNAISSANCE SYSTEMS ........................ [ ] [ ] 

221 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS [ ] [ ] 

222 0305208BQ DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS [ ] [ ] 

223 0305208G DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS [ ] [ ] 

225 0305208L DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS [ ] [ ] 

226 0305219BB MQ–1 PREDATOR A UAV ....................................................... [ ] [ ] 

227 0305229G REAL-TIME ARCHITECTURE DEVELOPMENT (RT10) .... [ ] [ ] 

231 0305880L COMBATANT COMMAND INTELLIGENCE OPERATIONS.[ ] [ ] 

232 0305883L HARD AND DEEPLY BURIED TARGET (HDBT) INTEL 

SUPPORT.

[ ] [ ] 

233 0305884L INTELLIGENCE PLANNING AND REVIEW ACTIVITIES [ ] [ ] 

236 0307141G INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEV.[ ] [ ] 

237 0307207G AERIAL COMMON SENSOR (ACS) ....................................... [ ] [ ] 

999 9999999 OTHER PROGRAMS ................................................................ 113,076 113,076 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, DEFENSE-WIDE ................................................... 115,826 115,826 

Total, RDT&E Defense-Wide ............................................... 115,826 115,826 

TOTAL RDT&E ....................................................................... 310,254 293,254 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2785 

TITLE XLIII—OPERATION AND 

MAINTENANCE 

SEC. 4301. OPERATION AND MAINTENANCE. 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

Operation and Maintenance, Army 

BUDGET ACTIVITY 01: OPERATING FORCES 

LAND FORCES 

010 MANEUVER UNITS ........................................................... 1,020,490 1,020,490 

020 MODULAR SUPPORT BRIGADES ................................... 105,178 105,178 

030 ECHELONS ABOVE BRIGADE ........................................ 708,038 708,038 

040 THEATER LEVEL ASSETS ............................................... 718,233 718,233 

050 LAND FORCES OPERATIONS SUPPORT ...................... 1,379,529 1,315,129 

Budget realignment of combat training center transportation funding in support of helicopter training .. [–64,400 ] 

060 AVIATION ASSETS ............................................................ 850,750 773,350 

Budget realignment in support of helicopter training .. [–77,400 ] 

LAND FORCES READINESS 

070 FORCE READINESS OPERATIONS SUPPORT ............. 2,088,233 2,088,233 

080 LAND FORCES SYSTEMS READINESS ......................... 633,704 633,704 

090 LAND FORCES DEPOT MAINTENANCE ....................... 692,601 695,601 

Texas Defense Manufacturing Supply Chain Initiative [3,000 ] 

LAND FORCES READINESS SUPPORT 

100 BASE OPERATIONS SUPPORT ....................................... 7,586,455 7,588,155 

Fort Bliss Data Center .................................................... [1,700 ] 

110 FACILITIES SUSTAINMENT, RESTORATION, & 

MODERNIZATION .......................................................... 2,221,446 2,221,446 

120 MANAGEMENT AND OPERATIONAL HQ ..................... 333,119 333,119 

130 COMBATANT COMMANDERS CORE OPERATIONS ... 123,163 123,163 

140 ADDITIONAL ACTIVITIES ............................................... 0 0 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM 0 0 

160 RESET .................................................................................. 0 0 

170 COMBATANT COMMANDERS ANCILLARY MISSIONS ............................................................................... 460,159 460,159 

TOTAL, BA 01: OPERATING FORCES ....................... 18,921,098 18,783,998 

BUDGET ACTIVITY 02: MOBILIZATION 

MOBILITY OPERATIONS 

180 STRATEGIC MOBILITY .................................................... 228,376 228,376 

190 ARMY PREPOSITIONING STOCKS ................................ 98,129 98,129 

200 INDUSTRIAL PREPAREDNESS ...................................... 5,705 5,705 

TOTAL, BA 02: MOBILIZATION ................................... 332,210 332,210 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING 

ACCESSION TRAINING 

210 OFFICER ACQUISITION .................................................. 125,615 125,615 

220 RECRUIT TRAINING ......................................................... 87,488 87,488 

230 ONE STATION UNIT TRAINING .................................... 59,302 59,302 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2786 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

240 SENIOR RESERVE OFFICERS TRAINING CORPS ...... 449,397 449,397 

BASIC SKILL/ADVANCE TRAINING 

250 SPECIALIZED SKILL TRAINING .................................... 970,777 971,277 

Rule of law increase ......................................................... [500 ] 

260 FLIGHT TRAINING ........................................................... 843,893 985,693 

Budget realignment in support of helicopter training .. [141,800 ] 

270 PROFESSIONAL DEVELOPMENT EDUCATION .......... 166,812 166,812 

280 TRAINING SUPPORT ........................................................ 702,031 702,031 

RECRUITING/OTHER TRAINING 

290 RECRUITING AND ADVERTISING ................................. 541,852 541,852 

300 EXAMINING ....................................................................... 147,915 147,915 

310 OFF-DUTY AND VOLUNTARY EDUCATION ................ 238,353 238,353 

320 CIVILIAN EDUCATION AND TRAINING ...................... 217,386 217,386 

330 JUNIOR ROTC .................................................................... 156,904 156,904 

TOTAL, BA 03: TRAINING AND RECRUITING ........ 4,707,725 4,850,025 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SECURITY PROGRAMS 

340 SECURITY PROGRAMS .................................................... 1,017,055 1,017,055 

LOGISTICS OPERATIONS 

350 SERVICEWIDE TRANSPORTATION ............................... 540,249 540,249 

360 CENTRAL SUPPLY ACTIVITIES ..................................... 614,093 614,093 

370 LOGISTIC SUPPORT ACTIVITIES .................................. 481,318 481,318 

380 AMMUNITION MANAGEMENT ...................................... 434,661 435,661 

M24 Sniper Weapons System Upgrade .......................... [1,000 ] 

SERVICEWIDE SUPPORT 

390 ADMINISTRATION ............................................................ 776,866 776,866 

400 SERVICEWIDE COMMUNICATIONS ............................. 1,166,491 1,141,491 

Servicewide communications underexecution ............... [–25,000 ] 

410 MANPOWER MANAGEMENT .......................................... 289,383 289,383 

420 OTHER PERSONNEL SUPPORT ..................................... 221,779 229,029 

Transfer from O&M, DW BTA for DIMHRS ................. [7,250 ] 

430 OTHER SERVICE SUPPORT ............................................ 993,852 993,852 

440 ARMY CLAIMS ACTIVITIES ............................................ 215,168 215,168 

450 REAL ESTATE MANAGEMENT ...................................... 118,785 118,785 

SUPPORT OF OTHER NATIONS 

460 SUPPORT OF NATO OPERATIONS ................................ 430,449 430,449 

470 MISC. SUPPORT OF OTHER NATIONS ......................... 13,700 13,700 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 7,313,849 7,297,099 

Total Operation and Maintenance, Army .................. 31,274,882 31,263,332 

Operation and Maintenance, Navy 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2787 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

010 MISSION AND OTHER FLIGHT OPERATIONS ............ 3,814,000 3,814,000 

020 FLEET AIR TRAINING ...................................................... 120,868 120,868 

030 AVIATION TECHNICAL DATA & ENGINEERING 

SERVICES ........................................................................ 52,259 52,259 

040 AIR OPERATIONS AND SAFETY SUPPORT ................. 121,649 121,649 

050 AIR SYSTEMS SUPPORT .................................................. 485,321 485,321 

060 AIRCRAFT DEPOT MAINTENANCE .............................. 1,057,747 1,127,774 

Aviation Depot Maintenance .......................................... [70,027 ] 

070 AIRCRAFT DEPOT OPERATIONS SUPPORT ................ 32,083 32,083 

SHIP OPERATIONS 

080 MISSION AND OTHER SHIP OPERATIONS ................. 3,320,222 3,320,222 

090 SHIP OPERATIONS SUPPORT & TRAINING ............... 699,581 699,581 

100 SHIP DEPOT MAINTENANCE ......................................... 4,296,544 4,296,544 

110 SHIP DEPOT OPERATIONS SUPPORT .......................... 1,170,785 1,170,785 

COMBAT OPERATIONS/SUPPORT 

120 COMBAT COMMUNICATIONS ........................................ 601,595 601,595 

130 ELECTRONIC WARFARE ................................................. 86,019 86,019 

140 SPACE SYSTEMS AND SURVEILLANCE ...................... 167,050 167,050 

150 WARFARE TACTICS .......................................................... 407,674 407,674 

160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ............................................................................. 315,228 315,228 

170 COMBAT SUPPORT FORCES .......................................... 758,789 758,789 

180 EQUIPMENT MAINTENANCE ........................................ 186,794 186,794 

190 DEPOT OPERATIONS SUPPORT .................................... 3,305 3,305 

200 COMBATANT COMMANDERS CORE OPERATIONS ... 167,789 167,789 

210 COMBATANT COMMANDERS DIRECT MISSION 

SUPPORT ......................................................................... 259,188 252,188 

Reduction for National Program for Small Unit Excellence .............................................................................. [–7,000 ] 

WEAPONS SUPPORT 

220 CRUISE MISSILE ............................................................... 131,895 131,895 

230 FLEET BALLISTIC MISSILE ........................................... 1,145,020 1,145,020 

240 IN-SERVICE WEAPONS SYSTEMS SUPPORT .............. 64,731 64,731 

250 WEAPONS MAINTENANCE ............................................. 448,777 460,777 

Gun depot overhauls ........................................................ [12,000 ] 

260 OTHER WEAPON SYSTEMS SUPPORT ......................... 326,535 326,535 

BASE SUPPORT 

270 ENTERPRISE INFORMATION ......................................... 1,095,587 1,095,587 

280 SUSTAINMENT, RESTORATION AND MODERNIZATION ................................................................................. 1,746,418 1,746,418 

290 BASE OPERATING SUPPORT ......................................... 4,058,046 4,058,046 

TOTAL, BA 01: OPERATING FORCES ....................... 27,141,499 27,216,526 

BUDGET ACTIVITY 02: MOBILIZATION 

READY RESERVE AND PREPOSITIONING 

FORCES 

300 SHIP PREPOSITIONING AND SURGE ........................... 407,977 407,977 

ACTIVATIONS/INACTIVATIONS 

310 AIRCRAFT ACTIVATIONS/INACTIVATIONS ................ 7,491 7,491 

320 SHIP ACTIVATIONS/INACTIVATIONS .......................... 192,401 195,401 

Navy Ship Disposal-Carrier Demonstration Program .. [3,000 ] 


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123 STAT. 2788 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

MOBILIZATION PREPAREDNESS 

330 FLEET HOSPITAL PROGRAM ......................................... 24,546 24,546 

340 INDUSTRIAL READINESS ............................................... 2,409 2,409 

350 COAST GUARD SUPPORT ................................................ 25,727 25,727 

TOTAL, BA 02: MOBILIZATION ................................... 660,551 663,551 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING 

ACCESSION TRAINING 

360 OFFICER ACQUISITION .................................................. 145,027 145,027 

370 RECRUIT TRAINING ......................................................... 11,011 11,011 

380 RESERVE OFFICERS TRAINING CORPS ...................... 127,490 127,490 

BASIC SKILLS AND ADVANCED TRAINING 

390 SPECIALIZED SKILL TRAINING .................................... 477,383 477,383 

400 FLIGHT TRAINING ........................................................... 1,268,846 1,268,846 

410 PROFESSIONAL DEVELOPMENT EDUCATION .......... 161,922 161,922 

420 TRAINING SUPPORT ........................................................ 158,685 158,685 

RECRUITING, AND OTHER TRAINING AND EDUCATION 

430 RECRUITING AND ADVERTISING ................................. 276,564 277,215 

Navy Sea Cadet Corps ..................................................... [651 ] 

440 OFF-DUTY AND VOLUNTARY EDUCATION ................ 154,979 154,979 

450 CIVILIAN EDUCATION AND TRAINING ...................... 101,556 101,556 

460 JUNIOR ROTC .................................................................... 49,161 49,161 

TOTAL, BA 03: TRAINING AND RECRUITING ........ 2,932,624 2,933,275 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SERVICEWIDE SUPPORT 

470 ADMINISTRATION ............................................................ 768,048 768,048 

480 EXTERNAL RELATIONS .................................................. 6,171 6,171 

490 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ............................................................................... 114,675 114,675 

500 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ....................................................................... 182,115 189,365 

Transfer from O&M, DW BTA for DIMHRS ................. [7,250 ] 

510 OTHER PERSONNEL SUPPORT ..................................... 298,729 298,729 

520 SERVICEWIDE COMMUNICATIONS ............................. 408,744 393,744 

Servicewide communications underexecution ............... [–15,000 ] 

530 MEDICAL ACTIVITIES ..................................................... 0 0 

LOGISTICS OPERATIONS AND TECHNICAL SUPPORT 

540 SERVICEWIDE TRANSPORTATION ............................... 246,989 246,989 

550 ENVIRONMENTAL PROGRAMS ..................................... 0 0 

560 PLANNING, ENGINEERING AND DESIGN .................. 244,337 244,337 

570 ACQUISITION AND PROGRAM MANAGEMENT ......... 778,501 778,501 

580 HULL, MECHANICAL AND ELECTRICAL SUPPORT 60,223 60,223 

590 COMBAT/WEAPONS SYSTEMS ....................................... 17,328 17,328 

600 SPACE AND ELECTRONIC WARFARE SYSTEMS ....... 79,065 79,065 

INVESTIGATIONS AND SECURITY PROGRAMS 

610 NAVAL INVESTIGATIVE SERVICE ................................ 515,989 515,989 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2789 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

SUPPORT OF OTHER NATIONS 

670 INTERNATIONAL HEADQUARTERS AND AGENCIES 5,918 5,918 

CANCELLED ACCOUNTS 

680 CANCELLED ACCOUNT ADJUSTMENTS ..................... 0 0 

690 JUDGMENT FUND ............................................................ 0 0 

OTHER PROGRAMS 

999 OTHER PROGRAMS .......................................................... 608,840 608,840 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 4,335,672 4,327,922 

Unobligated balances estimate ....................................... –100,000 

Total Operation and Maintenance, Navy ................... 35,070,346 35,041,274 

Operation and Maintenance, Marine Corps 

BUDGET ACTIVITY 01: OPERATING FORCES 

EXPEDITIONARY FORCES 

010 OPERATIONAL FORCES .................................................. 730,931 737,931 

Family of shelter and tents ............................................. [2,000 ] 

Flame Resistant Organizational Gear ........................... [1,500 ] 

Ultra Lightweight Camouflage Net System .................. [3,500 ] 

020 FIELD LOGISTICS ............................................................. 591,020 591,020 

030 DEPOT MAINTENANCE ................................................... 80,971 80,971 

USMC PREPOSITIONING 

050 MARITIME PREPOSITIONING ........................................ 72,182 72,182 

060 NORWAY PREPOSITIONING ........................................... 5,090 5,090 

COMBAT OPERATIONS/SUPPORT 

070 COMBATANT COMMANDERS DIRECT MISSION 

SUPPORT ......................................................................... 0 0 

BASE SUPPORT 

080 SUSTAINMENT, RESTORATION, & MODERNIZATION ................................................................................. 666,330 666,330 

090 BASE OPERATING SUPPORT ......................................... 2,250,191 2,250,191 

TOTAL, BA 01: OPERATING FORCES ....................... 4,396,715 4,403,715 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING 

ACCESSION TRAINING 

100 RECRUIT TRAINING ......................................................... 16,129 16,129 

110 OFFICER ACQUISITION .................................................. 418 418 

BASIC SKILLS AND ADVANCED TRAINING 

120 SPECIALIZED SKILL TRAINING .................................... 67,336 67,336 

130 FLIGHT TRAINING ........................................................... 369 369 

140 PROFESSIONAL DEVELOPMENT EDUCATION .......... 28,112 28,112 

150 TRAINING SUPPORT ........................................................ 330,885 330,885 


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123 STAT. 2790 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

RECRUITING AND OTHER TRAINING EDUCATION 

160 RECRUITING AND ADVERTISING ................................. 240,832 240,832 

170 OFF-DUTY AND VOLUNTARY EDUCATION ................ 64,254 64,254 

180 JUNIOR ROTC .................................................................... 19,305 19,305 

BASE SUPPORT 

190 SUSTAINMENT, RESTORATION AND MODERNIZATION ................................................................................. 0 0 

200 BASE OPERATING SUPPORT ......................................... 0 0 

TOTAL, BA 03: TRAINING AND RECRUITING ........ 767,640 767,640 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SERVICEWIDE SUPPORT 

210 SPECIAL SUPPORT ........................................................... 299,065 299,065 

220 SERVICEWIDE TRANSPORTATION ............................... 28,924 28,924 

230 ADMINISTRATION ............................................................ 43,879 43,879 

BASE SUPPORT 

240 SUSTAINMENT, RESTORATION, AND MODERNIZATION ................................................................................. 0 0 

250 BASE OPERATING SUPPORT ......................................... 0 0 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 371,868 371,868 

Total Operation and Maintenance, Marine Corps .. 5,536,223 5,543,223 

Operation and Maintenance, Air Force 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 

010 PRIMARY COMBAT FORCES ........................................... 4,017,156 4,017,156 

020 COMBAT ENHANCEMENT FORCES .............................. 2,754,563 2,754,563 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ............................................................................ 1,414,913 1,416,413 

Air Education and Training Command Range Improvements ................................................................... [1,500 ] 

050 DEPOT MAINTENANCE ................................................... 2,389,738 2,389,738 

060 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION .......................................................... 1,420,083 1,420,083 

070 BASE SUPPORT ................................................................. 2,859,943 2,860,183 

Wage Modification for US Azores Portugese National 

Employees ..................................................................... [240 ] 

COMBAT RELATED OPERATIONS 

080 GLOBAL C3I AND EARLY WARNING ............................ 1,411,813 1,411,813 

090 OTHER COMBAT OPS SPT PROGRAMS ........................ 880,353 880,353 

110 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES .................................................................................. 552,148 552,148 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2791 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

SPACE OPERATIONS 

120 LAUNCH FACILITIES ....................................................... 356,367 356,367 

130 SPACE CONTROL SYSTEMS ........................................... 725,646 725,646 

COCOM 

140 COMBATANT COMMANDERS DIRECT MISSION 

SUPPORT ......................................................................... 608,796 608,796 

150 COMBATANT COMMANDERS CORE OPERATIONS ... 216,073 216,073 

TOTAL, BA 01: OPERATING FORCES ....................... 19,607,592 19,609,332 

BUDGET ACTIVITY 02: MOBILIZATION 

MOBILITY OPERATIONS 

160 AIRLIFT OPERATIONS ..................................................... 2,932,080 2,934,080 

Warner Robins Air Logistics Center Strategic Airlift 

Aircraft Availability Improvements ............................ [2,000 ] 

170 MOBILIZATION PREPAREDNESS .................................. 211,858 211,858 

180 DEPOT MAINTENANCE ................................................... 332,226 332,226 

190 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION .......................................................... 362,954 362,954 

200 BASE SUPPORT ................................................................. 657,830 657,830 

TOTAL, BA 02: MOBILIZATION ................................... 4,496,948 4,498,948 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING 

ACCESSION TRAINING 

210 OFFICER ACQUISITION .................................................. 120,870 120,870 

220 RECRUIT TRAINING ......................................................... 18,135 18,135 

230 RESERVE OFFICERS TRAINING CORPS (ROTC) ........ 88,414 88,414 

240 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION .......................................................... 372,788 372,788 

250 BASE SUPPORT ................................................................. 685,029 685,029 

BASIC SKILLS AND ADVANCED TRAINING 

260 SPECIALIZED SKILL TRAINING .................................... 514,048 514,048 

270 FLIGHT TRAINING ........................................................... 833,005 833,005 

280 PROFESSIONAL DEVELOPMENT EDUCATION .......... 215,676 215,676 

290 TRAINING SUPPORT ........................................................ 118,877 118,877 

300 DEPOT MAINTENANCE ................................................... 576 576 

RECRUITING, AND OTHER TRAINING AND EDUCATION 

320 RECRUITING AND ADVERTISING ................................. 152,983 152,983 

330 EXAMINING ....................................................................... 5,584 5,584 

340 OFF-DUTY AND VOLUNTARY EDUCATION ................ 188,198 188,198 

350 CIVILIAN EDUCATION AND TRAINING ...................... 174,151 174,151 

360 JUNIOR ROTC .................................................................... 67,549 67,549 

TOTAL, BA 03: TRAINING AND RECRUITING ........ 3,555,883 3,555,883 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

LOGISTICS OPERATIONS 

370 LOGISTICS OPERATIONS ................................................ 1,055,672 1,055,672 

380 TECHNICAL SUPPORT ACTIVITIES .............................. 735,036 735,036 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2792 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

400 DEPOT MAINTENANCE ................................................... 15,411 15,411 

410 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION .......................................................... 359,562 359,562 

420 BASE SUPPORT ................................................................. 1,410,097 1,410,097 

SERVICEWIDE ACTIVITIES 

430 ADMINISTRATION ............................................................ 646,080 643,330 

Servicewide administration ............................................. [–10,000 ] 

Transfer from O&M, DW BTA for DIMHRS ................. [7,250 ] 

440 SERVICEWIDE COMMUNICATIONS ............................. 581,951 581,951 

450 OTHER SERVICEWIDE ACTIVITIES ............................. 1,062,803 1,062,803 

460 CIVIL AIR PATROL ........................................................... 22,433 22,433 

SECURITY PROGRAMS 

470 SECURITY PROGRAMS .................................................... 1,148,704 1,148,704 

SUPPORT TO OTHER NATIONS 

480 INTERNATIONAL SUPPORT ........................................... 49,987 49,987 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 7,087,736 7,084,986 

USAF Civilian Underexecution ...................................... –50,000 

Unobligated Balances Estimate ...................................... –172,000 

Total Operation and Maintenance, Air Force .......... 34,748,159 34,527,149 

Operation and Maintenance, Defense-wide 

BUDGET ACTIVITY 1: OPERATING FORCES 

DEFENSE-WIDE ACTIVITIES 

010 JOINT CHIEFS OF STAFF ............................................... 457,169 457,169 

020 SPECIAL OPERATIONS COMMAND .............................. 3,611,492 3,612,992 

Special Operations Forces Modular Glove System ....... [1,500 ] 

TOTAL, BUDGET ACTIVITY 1: ..................................... 4,068,661 4,070,161 

BUDGET ACTIVITY 3: TRAINING AND RECRUITING 

DEFENSE-WIDE ACTIVITIES 

030 DEFENSE ACQUISITION UNIVERSITY ........................ 115,497 115,497 

RECRUITING AND OTHER TRAINING EDUCATION 

040 NATIONAL DEFENSE UNIVERSITY .............................. 103,408 103,408 

TOTAL, BUDGET ACTIVITY 3: ..................................... 218,905 218,905 

BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE 

ACTIVITIES 

DEFENSE-WIDE ACTIVITIES 

050 AMERICAN FORCES INFORMATION SERVICE .......... 0 0 

060 CIVIL MILITARY PROGRAMS ......................................... 132,231 152,231 

National Guard Youth Challenge Program ................... [5,000 ] 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2793 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

Junior ROTC .................................................................... [15,000 ] 

080 CLASSIFIED AND INTELLIGENCE ............................... 0 0 

090 DEFENSE BUSINESS TRANSFORMATION AGENCY 139,579 117,829 

DIMHRS Transfer to Services (Army, Navy and Air 

Force) ............................................................................. [–21,750 ] 

100 DEFENSE CONTRACT AUDIT AGENCY ....................... 458,316 458,316 

110 DEFENSE FINANCE AND ACCOUNTING SERVICE ... 0 0 

120 DEFENSE HUMAN RESOURCES ACTIVITY ................ 665,743 665,743 

130 DEFENSE INFORMATION SYSTEMS AGENCY ........... 1,322,163 1,322,163 

150 DEFENSE LEGAL SERVICES .......................................... 42,532 42,532 

160 DEFENSE LOGISTICS AGENCY ..................................... 405,873 414,873 

Procurement and Technical Assistance Program .......... [9,000 ] 

170 DEFENSE MEDIA ACTIVITY ........................................... 253,667 253,667 

180 DEFENSE POW/MIA OFFICE .......................................... 20,679 20,679 

190 DEFENSE TECHNOLOGY SECURITY AGENCY .......... 34,325 34,325 

200 DEFENSE THREAT REDUCTION AGENCY .................. 385,453 385,453 

210 DEPARTMENT OF DEFENSE EDUCATION AGENCY 2,302,116 2,305,516 

SoAR Recruiting Initiative .............................................. [3,400 ] 

220 DEFENSE CONTRACT MANAGEMENT AGENCY ....... 1,058,721 1,058,721 

230 DEFENSE SECURITY COOPERATION AGENCY ......... 721,756 621,756 

Security and Stabilization (1207) ................................... [–100,000 ] 

240 DEFENSE SECURITY SERVICE ..................................... 497,857 497,857 

NATIONAL GUARD BORDER SECURITY ..................... 0 0 

260 OFFICE OF ECONOMIC ADJUSTMENT ........................ 37,166 38,166 

Redevelopment of Naval Station Ingleside .................... [1,000 ] 

270 OFFICE OF THE SECRETARY OF DEFENSE ............... 1,955,985 1,977,985 

Readiness and Environmental Protection Initiative ..... [20,000 ] 

Critical Language Training ............................................. [2,000 ] 

280 WASHINGTON HEADQUARTERS SERVICE ................. 589,309 589,309 

OTHER PROGRAMS 

999 OTHER PROGRAMS .......................................................... 13,046,209 13,046,209 

TOTAL, BUDGET ACTIVITY 4: ..................................... 24,069,680 24,003,330 

Impact Aid ........................................................................ 30,000 

Impact aid for children with severe disabilities ............ 5,000 

Total Operation and Maintenance, Defense-Wide ... 28,357,246 28,327,396 

Operation and Maintenance, Army Reserve 

BUDGET ACTIVITY 01: OPERATING FORCES 

LAND FORCES 

010 MANEUVER UNITS ........................................................... 1,403 1,403 

020 MODULAR SUPPORT BRIGADES ................................... 12,707 12,707 

030 ECHELONS ABOVE BRIGADE ........................................ 468,288 468,288 

040 THEATER LEVEL ASSETS ............................................... 152,439 152,439 

050 LAND FORCES OPERATIONS SUPPORT ...................... 520,420 520,420 

060 AVIATION ASSETS ............................................................ 61,063 61,063 

LAND FORCES READINESS 

070 FORCE READINESS OPERATIONS SUPPORT ............. 290,443 290,443 

080 LAND FORCES SYSTEMS READINESS ......................... 106,569 106,569 

090 LAND FORCES DEPOT MAINTENANCE ....................... 94,499 94,499 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2794 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

LAND FORCES READINESS SUPPORT 

100 BASE OPERATIONS SUPPORT ....................................... 522,310 522,310 

110 FACILITIES SUSTAINMENT, RESTORATION, & 

MODERNIZATION .......................................................... 234,748 234,748 

120 ADDITIONAL ACTIVITIES ............................................... 0 0 

TOTAL, BA 01: OPERATING FORCES ....................... 2,464,889 2,464,889 

LOGISTICS OPERATIONS 

130 SERVICEWIDE TRANSPORTATION ............................... 9,291 9,291 

SERVICEWIDE SUPPORT 

140 ADMINISTRATION ............................................................ 72,075 72,075 

150 SERVICEWIDE COMMUNICATIONS ............................. 3,635 3,635 

160 MANPOWER MANAGEMENT .......................................... 9,104 9,104 

170 RECRUITING AND ADVERTISING ................................. 61,202 61,202 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 155,307 155,307 

Total Operation and Maintenance, Army Reserve .. 2,620,196 2,620,196 

Operation and Maintenance, Navy Reserve 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 

010 MISSION AND OTHER FLIGHT OPERATIONS ............ 570,319 570,319 

020 INTERMEDIATE MAINTENANCE .................................. 16,596 16,596 

030 AIR OPERATIONS AND SAFETY SUPPORT ................. 3,171 3,171 

040 AIRCRAFT DEPOT MAINTENANCE .............................. 125,004 125,004 

050 AIRCRAFT DEPOT OPERATIONS SUPPORT ................ 397 397 

SHIP OPERATIONS 

060 MISSION AND OTHER SHIP OPERATIONS ................. 55,873 55,873 

070 SHIP OPERATIONS SUPPORT & TRAINING ............... 592 592 

080 SHIP DEPOT MAINTENANCE ......................................... 41,899 41,899 

COMBAT OPERATIONS SUPPORT 

090 COMBAT COMMUNICATIONS ........................................ 15,241 15,241 

100 COMBAT SUPPORT FORCES .......................................... 142,924 142,924 

WEAPONS SUPPORT 

110 WEAPONS MAINTENANCE ............................................. 5,494 5,494 

BASE SUPPORT 

120 ENTERPRISE INFORMATION ......................................... 83,611 83,611 

130 SUSTAINMENT, RESTORATION AND MODERNIZATION ................................................................................. 69,853 69,853 

140 BASE OPERATING SUPPORT ......................................... 124,757 124,757 

TOTAL, BA 01: OPERATING FORCES ....................... 1,255,731 1,255,731 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2795 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

SERVICEWIDE SUPPORT 

150 ADMINISTRATION ............................................................ 3,323 3,323 

160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ....................................................................... 13,897 13,897 

170 SERVICEWIDE COMMUNICATIONS ............................. 1,957 1,957 

180 OTHER SERVICEWIDE POWER ..................................... 0 0 

LOGISTICS OPERATIONS AND TECHNICAL SUPPORT 

190 ACQUISITION AND PROGRAM MANAGEMENT ......... 3,593 3,593 

CANCELLED ACCOUNTS 

200 CANCELLED ACCOUNT ADJUSTMENTS ..................... 0 0 

210 JUDGMENT FUND ............................................................ 0 0 

OTHER PROGRAMS 

999 OTHER PROGRAMS .......................................................... 0 0 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 22,770 22,770 

Total Operation and Maintenance, Navy Reserve .. 1,278,501 1,278,501 

Operation and Maintenance, Marine Corps Reserve 

BUDGET ACTIVITY 01: OPERATING FORCES 

EXPEDITIONARY FORCES 

010 OPERATING FORCES ....................................................... 61,117 61,117 

020 DEPOT MAINTENANCE ................................................... 13,217 13,217 

030 TRAINING SUPPORT ........................................................ 29,373 29,373 

BASE SUPPORT 

040 SUSTAINMENT, RESTORATION AND MODERNIZATION ................................................................................. 25,466 25,466 

050 BASE OPERATING SUPPORT ......................................... 73,899 73,899 

TOTAL, BA 01: OPERATING FORCES ....................... 203,072 203,072 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SERVICEWIDE ACTIVITIES 

060 SPECIAL SUPPORT ........................................................... 5,639 5,639 

070 SERVICEWIDE TRANSPORTATION ............................... 818 818 

080 ADMINISTRATION ............................................................ 10,642 10,642 

090 RECRUITING AND ADVERTISING ................................. 8,754 8,754 

BASE SUPPORT 

100 BASE OPERATING SUPPORT ......................................... 0 0 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 25,853 25,853 

Total Operation and Maintenance, Marine Corps 

Reserve ............................................................................ 228,925 228,925 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2796 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

Operation and Maintenance, Air Force Reserve 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 

010 PRIMARY COMBAT FORCES ........................................... 2,049,303 2,049,303 

020 MISSION SUPPORT OPERATIONS ................................. 121,417 121,417 

030 DEPOT MAINTENANCE ................................................... 441,958 441,958 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION .......................................................... 78,763 78,763 

050 BASE SUPPORT ................................................................. 258,091 258,091 

TOTAL, BA 01: OPERATING FORCES ....................... 2,949,532 2,949,532 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SERVICEWIDE ACTIVITIES 

060 ADMINISTRATION ............................................................ 77,476 77,476 

070 RECRUITING AND ADVERTISING ................................. 24,553 24,553 

080 MILITARY MANPOWER AND PERS MGMT (ARPC) .... 20,838 20,838 

090 OTHER PERS SUPPORT (DISABILITY COMP) ............. 6,121 6,121 

100 AUDIOVISUAL ................................................................... 708 708 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 129,696 129,696 

Total Operation and Maintenance, Air Force Reserve ................................................................................. 3,079,228 3,079,228 

Operation and Maintenance, Army National Guard 

BUDGET ACTIVITY 01: OPERATING FORCES 

LAND FORCES 

010 MANEUVER UNITS ........................................................... 876,269 876,269 

020 MODULAR SUPPORT BRIGADES ................................... 173,843 173,843 

030 ECHELONS ABOVE BRIGADE ........................................ 615,160 615,160 

040 THEATER LEVEL ASSETS ............................................... 253,997 253,997 

050 LAND FORCES OPERATIONS SUPPORT ...................... 34,441 34,441 

060 AVIATION ASSETS ............................................................ 819,031 821,281 

Joint Command Vehicle and Supporting C3 Systems .. [2,250 ] 

LAND FORCES READINESS 

070 FORCE READINESS OPERATIONS SUPPORT ............. 436,799 436,799 

080 LAND FORCES SYSTEMS READINESS ......................... 99,757 99,757 

090 LAND FORCES DEPOT MAINTENANCE ....................... 379,646 379,646 

LAND FORCES READINESS SUPPORT 

100 BASE OPERATIONS SUPPORT ....................................... 798,343 800,943 

North Carolina National Guard Family Assistance 

Centers .......................................................................... [1,600 ] 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2797 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

Our Military Kids ............................................................ [1,000 ] 

110 FACILITIES SUSTAINMENT, RESTORATION, & 

MODERNIZATION .......................................................... 580,171 580,471 

Camp Ethan Allen Training Site Road Equipment ...... [300 ] 

120 MANAGEMENT AND OPERATIONAL HQ ..................... 573,452 573,452 

130 ADDITIONAL ACTIVITIES ............................................... 0 0 

TOTAL, BA 01: OPERATING FORCES ....................... 5,640,909 5,646,059 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SERVICEWIDE SUPPORT 

140 ADMINISTRATION ............................................................ 119,186 119,186 

150 SERVICEWIDE COMMUNICATIONS ............................. 48,020 48,020 

160 MANPOWER MANAGEMENT .......................................... 7,920 7,920 

170 RECRUITING AND ADVERTISING ................................. 440,999 440,999 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 616,125 616,125 

Total Operation and Maintenance, Army National 

Guard ............................................................................... 6,257,034 6,262,184 

Operation and Maintenance, Air National Guard 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 

010 AIRCRAFT OPERATIONS ................................................. 3,347,685 3,347,685 

020 MISSION SUPPORT OPERATIONS ................................. 779,917 779,917 

030 DEPOT MAINTENANCE ................................................... 780,347 780,347 

040 FACILITIES SUSTAINMENT, RESTORATION & 

MODERNIZATION .......................................................... 302,949 302,949 

050 BASE SUPPORT ................................................................. 606,916 606,916 

TOTAL, BA 01: OPERATING FORCES ....................... 5,817,814 5,817,814 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SERVICEWIDE ACTIVITIES 

060 ADMINISTRATION ............................................................ 35,174 35,174 

070 RECRUITING AND ADVERTISING ................................. 32,773 32,773 

TOTAL, BA 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES ..................................... 67,947 67,947 

Total Operation and Maintenance, Air National 

Guard ............................................................................... 5,885,761 5,885,761 

MISCELLANEOUS APPROPRIATIONS 

010 US COURT OF APPEALS FOR THE ARMED FORCES, 

DEFENSE ........................................................................ 13,932 13,932 


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123 STAT. 2798 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

010 ACQUISITION WORKFORCE DEVELOPMENT FUND 100,000 100,000 

010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC 

AID .................................................................................... 109,869 109,869 

010 COOPERATIVE THREAT REDUCTION .......................... 404,093 424,093 

Program increase ............................................................. [20,000 ] 

020 ENVIRONMENTAL RESTORATION, ARMY .................. 415,864 415,864 

030 ENVIRONMENTAL RESTORATION, NAVY .................. 285,869 285,869 

040 ENVIRONMENTAL RESTORATION, AIR FORCE ........ 494,276 494,276 

050 ENVIRONMENTAL RESTORATION, DEFENSE ........... 11,100 11,100 

060 ENVIRONMENTAL RESTORATION FORMERLY 

USED SITES .................................................................... 267,700 267,700 

070 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND ....................................................................... 5,000 0 

Program decrease ............................................................. [–5,000 ] 

080 IRAQ FREEDOM FUND .................................................... 0 0 

TOTAL, MISCELLANEOUS APPROPRIATIONS ..... 2,107,703 2,122,703 

TOTAL TITLE III—OPERATION AND MAINTENANCE ............................................................................ 156,444,204 156,179,872 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS. 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

Operation and Maintenance, Army 

BUDGET ACTIVITY 01: OPERATING FORCES 

LAND FORCES READINESS SUPPORT 

140 ADDITIONAL ACTIVITIES ................................................... 36,330,899 36,330,899 

150 COMMANDERS EMERGENCY RESPONSE PROGRAM ... 1,500,000 1,300,000 

Program reduction ................................................................ [–200,000] 

160 RESET ...................................................................................... 7,867,551 7,867,551 

TOTAL, BA 01: OPERATING FORCES ............................ 45,698,450 45,498,450 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SECURITY PROGRAMS 

340 SECURITY PROGRAMS ......................................................... 1,426,309 1,426,309 

LOGISTICS OPERATIONS 

350 SERVICEWIDE TRANSPORTATION ................................... 5,045,902 5,045,902 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE 

ACTIVITIES ........................................................................ 6,472,211 6,472,211 

Army end strength budget amendment .............................. [196,100] 

Total Operation and Maintenance, Army ....................... 52,170,661 52,166,761 

Operation and Maintenance, Navy 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2799 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 

010 MISSION AND OTHER FLIGHT OPERATIONS ................ 1,138,398 1,138,398 

020 FLEET AIR TRAINING .......................................................... 2,640 2,640 

030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ...................................................................................... 1,212 1,212 

040 AIR OPERATIONS AND SAFETY SUPPORT ...................... 26,815 26,815 

050 AIR SYSTEMS SUPPORT ...................................................... 44,532 44,532 

060 AIRCRAFT DEPOT MAINTENANCE ................................... 158,559 158,559 

SHIP OPERATIONS 

080 MISSION AND OTHER SHIP OPERATIONS ...................... 651,209 651,209 

090 SHIP OPERATIONS SUPPORT & TRAINING .................... 22,489 22,489 

100 SHIP DEPOT MAINTENANCE ............................................. 1,001,037 1,001,037 

Transfer to base ....................................................................

COMBAT OPERATIONS/SUPPORT 

120 COMBAT COMMUNICATIONS ............................................. 20,704 20,704 

150 WARFARE TACTICS .............................................................. 15,918 15,918 

160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY .................................................................................. 16,889 16,889 

170 COMBAT SUPPORT FORCES ............................................... 1,891,799 1,891,799 

180 EQUIPMENT MAINTENANCE ............................................. 306 306 

200 COMBATANT COMMANDERS CORE OPERATIONS ....... 6,929 6,929 

210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ..................................................................................... 7,344 7,344 

WEAPONS SUPPORT 

240 IN-SERVICE WEAPONS SYSTEMS SUPPORT .................. 68,759 68,759 

250 WEAPONS MAINTENANCE ................................................. 82,496 82,496 

260 OTHER WEAPON SYSTEMS SUPPORT ............................. 16,902 16,902 

BASE SUPPORT 

280 SUSTAINMENT, RESTORATION AND MODERNIZATION ...................................................................................... 7,629 7,629 

290 BASE OPERATING SUPPORT .............................................. 338,604 338,604 

TOTAL, BA 01: OPERATING FORCES ............................ 5,521,170 5,521,170 

BUDGET ACTIVITY 02: MOBILIZATION 

READY RESERVE AND PREPOSITIONING FORCES 

300 SHIP PREPOSITIONING AND SURGE ............................... 27,290 27,290 

MOBILIZATION PREPAREDNESS 

330 FLEET HOSPITAL PROGRAM ............................................. 4,336 4,336 

350 COAST GUARD SUPPORT .................................................... 245,039 245,039 

TOTAL, BA 02: MOBILIZATION ........................................ 276,665 276,665 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING 

BASIC SKILLS AND ADVANCED TRAINING 

390 SPECIALIZED SKILL TRAINING ........................................ 97,995 97,995 

420 TRAINING SUPPORT ............................................................. 5,463 5,463 


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123 STAT. 2800 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

TOTAL, BA 03: TRAINING AND RECRUITING ............ 103,458 103,458 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SERVICEWIDE SUPPORT 

470 ADMINISTRATION ................................................................. 3,899 3,899 

480 EXTERNAL RELATIONS ....................................................... 463 463 

500 MILITARY MANPOWER AND PERSONNEL MANAGEMENT .................................................................................... 563 563 

510 OTHER PERSONNEL SUPPORT .......................................... 2,525 2,525 

520 SERVICEWIDE COMMUNICATIONS .................................. 23,557 23,557 

LOGISTICS OPERATIONS AND TECHNICAL SUPPORT 

540 SERVICEWIDE TRANSPORTATION ................................... 223,890 223,890 

570 ACQUISITION AND PROGRAM MANAGEMENT .............. 642 642 

INVESTIGATIONS AND SECURITY PROGRAMS 

610 NAVAL INVESTIGATIVE SERVICE .................................... 37,452 37,452 

OTHER PROGRAMS 

999 OTHER PROGRAMS ............................................................... 25,299 25,299 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE 

ACTIVITIES ........................................................................ 318,290 318,290 

Total Operation and Maintenance, Navy ....................... 6,219,583 6,219,583 

Operation and Maintenance, Marine Corps 

BUDGET ACTIVITY 01: OPERATING FORCES 

EXPEDITIONARY FORCES 

010 OPERATIONAL FORCES ....................................................... 2,048,844 2,048,844 

020 FIELD LOGISTICS ................................................................. 486,014 486,014 

030 DEPOT MAINTENANCE ........................................................ 554,000 554,000 

USMC PREPOSITIONING 

060 NORWAY PREPOSITIONING ............................................... 950 950 

BASE SUPPORT 

090 BASE OPERATING SUPPORT .............................................. 121,700 121,700 

TOTAL, BA 01: OPERATING FORCES ............................ 3,211,508 3,211,508 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING 

BASIC SKILLS AND ADVANCED TRAINING 

120 SPECIALIZED SKILL TRAINING ........................................ 6,303 6,303 

140 PROFESSIONAL DEVELOPMENT EDUCATION .............. 923 923 

150 TRAINING SUPPORT ............................................................. 205,625 205,625 

TOTAL, BA 03: TRAINING AND RECRUITING ............ 212,851 212,851 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2801 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

SERVICEWIDE SUPPORT 

210 SPECIAL SUPPORT ............................................................... 2,576 2,576 

220 SERVICEWIDE TRANSPORTATION ................................... 269,415 269,415 

230 ADMINISTRATION ................................................................. 5,250 5,250 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE 

ACTIVITIES ........................................................................ 277,241 277,241 

Total Operation and Maintenance, Marine Corps ....... 3,701,600 3,701,600 

Operation and Maintenance, Air Force 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 

010 PRIMARY COMBAT FORCES ............................................... 1,582,431 1,582,431 

020 COMBAT ENHANCEMENT FORCES .................................. 1,460,018 1,460,018 

030 AIR OPERATIONS TRAINING (OJT, MAINTAIN 

SKILLS) ................................................................................ 109,255 109,255 

050 DEPOT MAINTENANCE ........................................................ 304,540 304,540 

060 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ....................................................................... 121,881 121,881 

070 BASE SUPPORT ...................................................................... 1,394,809 1,394,809 

COMBAT RELATED OPERATIONS 

080 GLOBAL C3I AND EARLY WARNING ................................ 130,885 130,885 

090 OTHER COMBAT OPS SPT PROGRAMS ............................ 407,554 407,554 

SPACE OPERATIONS 

130 SPACE CONTROL SYSTEMS ................................................ 38,677 38,677 

COCOM 

140 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ..................................................................................... 157,000 157,000 

TOTAL, BA 01: OPERATING FORCES ............................ 5,707,050 5,707,050 

BUDGET ACTIVITY 02: MOBILIZATION 

MOBILITY OPERATIONS 

160 AIRLIFT OPERATIONS ......................................................... 3,171,148 3,171,148 

170 MOBILIZATION PREPAREDNESS ...................................... 169,659 169,659 

180 DEPOT MAINTENANCE ........................................................ 167,070 167,070 

190 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ....................................................................... 942 942 

200 BASE SUPPORT ...................................................................... 45,998 45,998 

TOTAL, BA 02: MOBILIZATION ........................................ 3,554,817 3,554,817 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING 

ACCESSION TRAINING 


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123 STAT. 2802 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

240 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ....................................................................... 1,019 1,019 

250 BASE SUPPORT ...................................................................... 19,361 19,361 

BASIC SKILLS AND ADVANCED TRAINING 

260 SPECIALIZED SKILL TRAINING ........................................ 48,442 48,442 

270 FLIGHT TRAINING ................................................................ 291 291 

280 PROFESSIONAL DEVELOPMENT EDUCATION .............. 1,500 1,500 

290 TRAINING SUPPORT ............................................................. 1,427 1,427 

TOTAL, BA 03: TRAINING AND RECRUITING ............ 72,040 72,040 

BUDGET ACTIVITY 04: ADMINISTRATION & 

SERVICEWIDE ACTIVITIES 

LOGISTICS OPERATIONS 

370 LOGISTICS OPERATIONS .................................................... 328,009 328,009 

420 BASE SUPPORT ...................................................................... 35,322 35,322 

SERVICEWIDE ACTIVITIES 

430 ADMINISTRATION ................................................................. 9,000 9,000 

440 SERVICEWIDE COMMUNICATIONS .................................. 178,470 178,470 

SECURITY PROGRAMS 

470 SECURITY PROGRAMS ......................................................... 142,160 142,160 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE 

ACTIVITIES ........................................................................ 692,961 692,961 

Total Operation and Maintenance, Air Force ............... 10,026,868 10,026,868 

Operation and Maintenance, Defense-wide 

BUDGET ACTIVITY 1: OPERATING FORCES 

DEFENSE-WIDE ACTIVITIES 

010 JOINT CHIEFS OF STAFF .................................................... 25,000 25,000 

020 SPECIAL OPERATIONS COMMAND ................................... 2,519,935 2,519,935 

TOTAL, BUDGET ACTIVITY 1: ......................................... 2,544,935 2,544,935 

BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 

DEFENSE-WIDE ACTIVITIES 

100 DEFENSE CONTRACT AUDIT AGENCY ............................ 13,908 13,908 

130 DEFENSE INFORMATION SYSTEMS AGENCY ............... 245,117 245,117 

150 DEFENSE LEGAL SERVICES .............................................. 115,000 115,000 

170 DEFENSE MEDIA ACTIVITY ............................................... 13,364 13,364 

200 DEFENSE THREAT REDUCTION AGENCY ...................... 2,018 2,018 

210 DEPARTMENT OF DEFENSE EDUCATION AGENCY ..... 553,600 553,600 

220 DEFENSE CONTRACT MANAGEMENT AGENCY ............ 63,130 63,130 

230 DEFENSE SECURITY COOPERATION AGENCY .............. 1,950,000 1,950,000 

270 OFFICE OF THE SECRETARY OF DEFENSE ................... 79,047 79,047 

OTHER PROGRAMS 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2803 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

999 OTHER PROGRAMS ............................................................... 1,998,181 1,998,181 

TOTAL, BUDGET ACTIVITY 4: ......................................... 5,033,365 5,033,365 

Army end strength budget amendment .............................. 5,100 

Total Operation and Maintenance, Defense-Wide ....... 7,578,300 7,583,400 

Operation and Maintenance, Army Reserve 

BUDGET ACTIVITY 01: OPERATING FORCES 

LAND FORCES 

030 ECHELONS ABOVE BRIGADE ............................................. 86,881 86,881 

050 LAND FORCES OPERATIONS SUPPORT ........................... 40,675 40,675 

LAND FORCES READINESS 

070 FORCE READINESS OPERATIONS SUPPORT ................. 21,270 21,270 

080 LAND FORCES SYSTEMS READINESS ............................. 17,500 17,500 

LAND FORCES READINESS SUPPORT 

100 BASE OPERATIONS SUPPORT ............................................ 38,000 38,000 

TOTAL, BA 01: OPERATING FORCES ............................ 204,326 204,326 

Total Operation and Maintenance, Army Reserve ...... 204,326 204,326 

Operation and Maintenance, Navy Reserve 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 

010 MISSION AND OTHER FLIGHT OPERATIONS ................ 26,673 26,673 

020 INTERMEDIATE MAINTENANCE ....................................... 400 400 

040 AIRCRAFT DEPOT MAINTENANCE ................................... 3,600 3,600 

SHIP OPERATIONS 

060 MISSION AND OTHER SHIP OPERATIONS ...................... 7,416 7,416 

080 SHIP DEPOT MAINTENANCE ............................................. 8,917 8,917 

COMBAT OPERATIONS SUPPORT 

090 COMBAT COMMUNICATIONS ............................................. 3,147 3,147 

100 COMBAT SUPPORT FORCES ............................................... 13,428 13,428 

BASE SUPPORT 

140 BASE OPERATING SUPPORT .............................................. 4,478 4,478 

TOTAL, BA 01: OPERATING FORCES ............................ 68,059 68,059 

Total Operation and Maintenance, Navy Reserve ....... 68,059 68,059 

Operation and Maintenance, Marine Corps Reserve 


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123 STAT. 2804 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

BUDGET ACTIVITY 01: OPERATING FORCES 

EXPEDITIONARY FORCES 

010 OPERATING FORCES ............................................................ 77,849 77,849 

BASE SUPPORT 

050 BASE OPERATING SUPPORT .............................................. 8,818 8,818 

TOTAL, BA 01: OPERATING FORCES ............................ 86,667 86,667 

Total Operation and Maintenance, Marine Corps Reserve ..................................................................................... 86,667 86,667 

Operation and Maintenance, Air Force Reserve 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 

010 PRIMARY COMBAT FORCES ............................................... 3,618 3,618 

020 MISSION SUPPORT OPERATIONS ..................................... 7,276 7,276 

030 DEPOT MAINTENANCE ........................................................ 114,531 114,531 

050 BASE SUPPORT ...................................................................... 500 500 

TOTAL, BA 01: OPERATING FORCES ............................ 125,925 125,925 

Total Operation and Maintenance, Air Force Reserve 125,925 125,925 

Operation and Maintenance, Army National Guard 

BUDGET ACTIVITY 01: OPERATING FORCES 

LAND FORCES 

010 MANEUVER UNITS ............................................................... 89,666 89,666 

020 MODULAR SUPPORT BRIGADES ....................................... 1,196 1,196 

030 ECHELONS ABOVE BRIGADE ............................................. 18,360 18,360 

040 THEATER LEVEL ASSETS ................................................... 380 380 

060 AVIATION ASSETS ................................................................ 59,357 59,357 

LAND FORCES READINESS 

070 FORCE READINESS OPERATIONS SUPPORT ................. 94,458 94,458 

LAND FORCES READINESS SUPPORT 

100 BASE OPERATIONS SUPPORT ............................................ 22,536 22,536 

120 MANAGEMENT AND OPERATIONAL HQ ......................... 35,693 35,693 

TOTAL, BA 01: OPERATING FORCES ............................ 321,646 321,646 

Total Operation and Maintenance, Army National 

Guard ................................................................................... 321,646 321,646 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2805 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

Operation and Maintenance, Air National Guard 

BUDGET ACTIVITY 01: OPERATING FORCES 

AIR OPERATIONS 

010 AIRCRAFT OPERATIONS ..................................................... 103,259 103,259 

020 MISSION SUPPORT OPERATIONS ..................................... 51,300 51,300 

030 DEPOT MAINTENANCE ........................................................ 135,303 135,303 

TOTAL, BA 01: OPERATING FORCES ............................ 289,862 289,862 

Total Operation and Maintenance, Air National 

Guard ................................................................................... 289,862 289,862 

Afghanistan Security Forces Fund 

010 INFRASTRUCTURE ............................................................... 868,320 868,320 

020 EQUIPMENT AND TRANSPORTATION ............................. 1,615,192 1,615,192 

030 TRAINING AND OPERATIONS ............................................ 272,998 272,998 

040 SUSTAINMENT ....................................................................... 1,945,887 1,945,887 

060 INFRASTRUCTURE ............................................................... 605,584 605,584 

070 EQUIPMENT AND TRANSPORTATION ............................. 279,186 279,186 

080 TRAINING AND OPERATIONS ............................................ 648,217 648,217 

090 SUSTAINMENT ....................................................................... 1,219,966 1,219,966 

120 SUSTAINMENT ....................................................................... 5,919 5,919 

130 TRAINING AND OPERATIONS ............................................ 1,500 1,500 

TOTAL, Afghanistan Security Forces Fund .................. 7,462,769 7,462,769 

Pakistan Counterinsurgency Capability Fund 

INFRASTRUCTURE ............................................................... 41,970 0 

Realigned from Defense to International Affairs ............... [–41,970] 

EQUIPMENT/TRANSPORTATION ....................................... 397,907 0 

Realigned from Defense to International Affairs ............... [–397,907] 

TRAINING AND OPERATIONS ............................................ 67,953 0 

Realigned from Defense to International Affairs ............... [–67,953] 

INFRASTRUCTURE ............................................................... 73,000 0 

Realigned from Defense to International Affairs ............... [–73,000] 

EQUIPMENT/TRANSPORTATION ....................................... 107,000 0 

Realigned from Defense to International Affairs ............... [–107,000] 

TRAINING AND OPERATIONS ............................................ 8,170 0 

Realigned from Defense to International Affairs ............... [–8,170] 

HUMANITARIAN ASSISTANCE ........................................... 4,000 0 

Realigned from Defense to International Affairs ............... [–4,000] 

TOTAL, Pakistan Counterinsurgency Capability 

Fund ..................................................................................... 700,000 0 

MISCELLANEOUS APPROPRIATIONS 

080 IRAQ FREEDOM FUND ......................................................... 115,300 0 

Program reduction ................................................................ [–115,300] 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2806 PUBLIC LAW 111–84—OCT. 28, 2009 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item FY 2010 

Request 

Conference 

Authorized 

TOTAL, MISCELLANEOUS APPROPRIATIONS .......... 115,300 0 

TOTAL TITLE III—OPERATION AND MAINTENANCE ................................................................................. 89,071,566 88,257,466 

TITLE XLIV—OTHER AUTHORIZATIONS 

SEC. 4401. OTHER AUTHORIZATIONS. 

OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2010 

Request 

Conference 

Authorized 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS 

DEFENSE WORKING CAPITAL FUNDS .................................... 141,388 141,388 

DEFENSE COMMISSARY AGENCY ............................................ 1,313,616 1,313,616 

Total, Defense Working Capital Funds .................................. 1,455,004 1,455,004 

NATIONAL DEFENSE SEALIFT FUND 

Strategic Ship Acquisition 

T–AKE .............................................................................................. 940,115 940,115 

MLP .................................................................................................. 120,047 120,047 

OUTFITTING AND POST DELIVERY ......................................... 29,740 29,740 

DoD Mobilization Assets 

NATIONAL DEFENSE SEALIFT VESSEL .................................. 1,438 1,438 

LMSR MAINTENANCE ................................................................. 96,363 96,363 

DOD MOBILIZATION ALTERATIONS ........................................ 64,167 64,167 

T–AH MAINTENANCE .................................................................. 37,627 37,627 

Strategic Sealift Support 

STRATEGIC SEALIFT SUPPORT ................................................ 4,794 4,794 

Sealift Research and Development 

RESEARCH AND DEVELOPMENT ............................................. 72,983 72,983 

Ready Reserve Force 

READY RESERVE FORCE ............................................................ 275,484 275,484 

Total, National Defense Sealift Fund ...................................... 1,642,758 1,642,758 

DEFENSE COALITION SUPPORT FUND 

DEFENSE COALITION SUPPORT FUND .................................. 22,000 0 

Total Revolving and Management Funds .............................. 3,119,762 3,097,762 

MILITARY PROGRAMS 

DEFENSE HEALTH PROGRAM 

DEFENSE HEALTH PROGRAM—O&M ...................................... 26,967,919 27,094,849 

TRICARE Continuation Pending MEDICARE Eligibility ... [4,000] 

Transitional Dental Care (S712) ............................................ [11,000] 

Pre-mobilization health care coverage for Reservists and 

their families ......................................................................... [92,000] 

Madigan Medical Center Trauma Assistance Program ....... [2,500] 

Fort Drum Regional Health Planning Organization ............ [430] 

Extend Dental Coverage to Dependent Survivors ................ [2,000] 

Chiropractic Clinical Trials .................................................... [5,000] 

TRICARE Coverage for Gray-Area Retirees ......................... [10,000] 

DEFENSE HEALTH PROGRAM—R&D ....................................... 613,102 616,102 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2807 

OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Program Title FY 2010 

Request 

Conference 

Authorized 

USUHS Immersive, Wide Area Virtual Environment ......... [3,000] 

DEFENSE HEALTH PROGRAM—PROCUREMENT ................. 322,142 322,142 

Total Defense Health Program ................................................. 27,903,163 28,033,093 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION 

CHEM DEMILITARIZATION—O&M ........................................... 1,146,802 1,146,802 

CHEM DEMILITARIZATION—RDT&E ....................................... 401,269 401,269 

CHEM DEMILITARIZATION—PROC .......................................... 12,689 12,689 

Total Chemical Agents and Munitions Destruction ............ 1,560,760 1,560,760 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE ..................................................................................... 1,058,984 1,054,234 

EUCOM Interagency Fusion Centers (PC2365) ................... [–750] 

PC9205 EUCOM CN Operation Support—excessive growth [–2,000] 

PC9206 AFRICOM CN Operational Support—excessive 

growth .................................................................................... [–2,000] 

Total Drug Interdiction and Counter-Drug Activities ....... 1,058,984 1,054,234 

OFFICE OF THE INSPECTOR GENERAL 

OFFICE OF THE INSPECTOR GENERAL—O&M ..................... 271,444 287,100 

Second year growth plan ........................................................ [15,656] 

OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT 1,000 1,000 

Total Office of the Inspector General ..................................... 272,444 288,100 

TOTAL OTHER AUTHORIZATIONS ....................................... 33,915,113 34,033,949 

Memorandum: Civil Program (non-defense) 

Armed Forces Retirement Home (Budget Function 600) ............. 134,000 134,000 

SEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2010 

Request 

Conference 

Authorized 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS 

DEFENSE WORKING CAPITAL FUNDS .............................................. 396,915 396,915 

Total, Defense Working Capital Funds ............................................ 396,915 396,915 

Total Revolving and Management Funds ........................................ 396,915 396,915 

MILITARY PROGRAMS 

DEFENSE HEALTH PROGRAM 

DEFENSE HEALTH PROGRAM—O&M ................................................ 1,155,235 1,256,675 

Army end strength budget amendment .......................................... [101,440] 

Total Defense Health Program ........................................................... 1,155,235 1,256,675 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE .................................................................................................... 324,603 356,603 


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123 STAT. 2808 PUBLIC LAW 111–84—OCT. 28, 2009 

OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Program Title FY 2010 

Request 

Conference 

Authorized 

International Support—US CENTCOM CN Training—Mi–17 

Procurement .................................................................................... [32,000] 

Total Drug Interdiction and Counter-Drug Activities ................. 324,603 356,603 

OFFICE OF THE INSPECTOR GENERAL 

OFFICE OF THE INSPECTOR GENERAL—O&M ............................... 8,876 8,876 

Total Office of the Inspector General ............................................... 8,876 8,876 

TOTAL OTHER AUTHORIZATIONS ................................................. 1,885,629 2,019,069 

TITLE XLV—MILITARY CONSTRUCTION 

SEC. 4501. MILITARY CONSTRUCTION. 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Alabama 

Army Anniston Army 

Depot 

Industrial Area Elec System Upgrade ...... 3,300 

ARNG Fort McClellan Urban Assault Course ................................ 3,000 3,000 

Army Redstone Arsenal Gate 7 Access Control Point ...................... 3,550 

Def-Wide Redstone Arsenal Missile and Space Intel Center Eoe Complex.12,000 

Alaska 

Air Force Clear AFS Power Plant Facility ................................... 24,300 24,300 

Air Force Eielson AFB Arctic Utilidors—phase 1 ........................... 9,900 

Air Force Eielson AFB Taxiway Lighting ........................................ 3,450 

Air Force Elmendorf AFB Red Flag Alaska Add/Alter Operations 

Center.

3,100 3,100 

Air Force Elmendorf AFB F–22 Weapons Load Training Facility ...... 12,600 12,600 

Def-Wide Elmendorf AFB Aeromedical Services/Mental Health Clinic.25,017 25,017 

Army Fort Richardson Airborne Sustainment Training Complex 6,100 6,100 

Army Fort Richardson Training Aids Center .................................. 2,050 2,050 

Army Fort Richardson Warrior In Transition Complex ................. 43,000 43,000 

Army Fort Richardson Combat Pistol Range .................................. 4,900 

Def-Wide Fort Richardson Health Clinic ............................................... 3,518 3,518 

Army Fort Wainwright Railhead Complex ....................................... 26,000 26,000 

Army Fort Wainwright Aviation Unit Operations Complex ........... 19,000 19,000 

Army Fort Wainwright Aviation Task Force Complex, Ph 1, Inc 1 125,000 95,000 

Army Fort Wainwright Warrior In Transition Complex ................. 28,000 28,000 

Arizona 

ARNG Camp Navajo Combat Pistol Qualification Course .......... 3,000 3,000 

AirlGuard Davis-Monthan 

AFB 

TFI-Predator Beddown-FOC ...................... 5,600 5,600 

Air Force Davis-Monthan 

AFB 

Dormitory (144 Rm) .................................... 20,000 20,000 

Air Force Davis-Monthan 

AFB 

CSAR HC–130J Simulator Facility ........... 8,400 8,400 

Air Force Davis-Monthan 

AFB 

CSAR HC–130J Rqs Operations Facility .. 8,700 8,700 

Air Force Davis-Monthan 

AFB 

CSAR HC–130J Infrastructure .................. 4,800 4,800 

Army Fort Huachuca UAV ER/MPER/MP .................................... 15,000 15,000 

Army Fort Huachuca Battalion Headquarters UAV .................... 6,000 6,000 

Army Fort Huachuca Fire Station, Two company ........................ 6,700 

Milcon, Naval 

Res 

Phoenix Reserve Center Move To Luke AFB, 

NOSC Phoenix.

10,986 10,986 

Navy Yuma Aircraft Maintenance Hanger (phase 1) ... 27,050 27,050 

Navy Yuma Airfield Elec. Dist. and Contol ................... 1,720 1,720 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2809 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Arkansas 

Air Force Little Rock AFB C–130 Flight Simulator Addition .............. 5,800 5,800 

Air Force Little Rock AFB Security Forces Operations Facility .......... 10,400 

Army Pine Bluff Arsenal Fuse & Detonator Magazine, Depot Level 25,000 25,000 

California 

Milcon, Naval 

Res 

Alameda Reserve Training Center—Alameda, Ca ... 5,960 5,960 

Navy Bridgeport Fire Station—Renovation—MWTC ........... 4,460 4,460 

Navy Bridgeport Mountain Warfare Training, Commissary 6,830 

Navy Camp Pendleton Anglico Operations Complex ...................... 25,190 25,190 

Navy Camp Pendleton Recon Bn Operations Complex .................. 77,660 77,660 

Navy Camp Pendleton Comm/elec Maintenance Facility ............... 13,170 13,170 

Navy Camp Pendleton Expansion Of SRTTP To 7.5 MGD ............ 55,180 55,180 

Navy Camp Pendleton North Region Tertiary Treatment Plant 

(Incr 1).

142,330 112,330 

Navy Camp Pendleton Gas/Electrical Upgrades ............................. 51,040 51,040 

Navy Camp Pendleton Recruit Barracks—School of Infantry ....... 53,320 53,320 

Navy Camp Pendleton Enlisted Dining Facility ............................. 32,300 32,300 

Navy Camp Pendleton Recruit Barracks—field/K–span ................ 23,200 23,200 

Navy Camp Pendleton Communications Upgrades ........................ 79,492 79,492 

Navy Camp Pendleton Electrical Distribution System .................. 76,950 76,950 

Navy Camp Pendleton Operations Access Points ........................... 12,740 12,740 

Navy Camp Pendleton Enlisted Dining Facility—Edson Range ... 37,670 37,670 

Navy Camp Pendleton BEQ .............................................................. 39,610 39,610 

Navy Camp Pendleton Recruit Marksmanship Training Facility 13,730 13,730 

Navy Camp Pendleton Expand Combat Aircraft Loading Apron .. 12,240 12,240 

Navy Camp Pendleton Aviation Transmitter/Receiver Site ........... 13,560 13,560 

Navy Camp Pendleton WFTBN Support Facilities ......................... 15,780 15,780 

USAR Camp Pendleton Army Reserve Center ................................. 19,500 19,500 

Def-Wide Coronado SOF Close Quarters Combat Training Facility.15,722 15,722 

Navy Edwards AFB Edwards Ramp Extension .......................... 3,007 3,007 

Def-Wide El Centro Aircraft Direct Fueling Station .................. 11,000 11,000 

Army Fort Irwin Mout Assault Course, Ph 4 ........................ 9,500 9,500 

AirlGuard Fresno Yosemite 

IAP ANG 

144th Squadron Operations Facility ......... 9,800 

ARNG Los Alamitos Readiness Center Ph1 ................................ 31,000 31,000 

USAR Los Angeles Army Reserve Center ................................. 29,000 29,000 

Air Force Los Angeles AFB Consolidated Parking Area, Ph1 ............... 8,000 

AF Reserve March ARB Small Arms Firing Range .......................... 9,800 

Navy Miramar Aircraft Parking Apron Modification ........ 9,280 9,280 

Navy Monterey NSA Marine Meteorology Center ....................... 10,240 

Def-Wide Point Loma Annex Replace Fuel Storage Fac Incr 2 ............... 92,300 92,300 

Navy Point Loma Annex Alter/Add Marine Mammal Surgical Center.2,330 

Navy Point Loma Annex Public Works Shops Consolidation ............ 8,730 8,730 

Navy San Diego Messhall Expansion .................................... 23,590 23,590 

AirlGuard Socal Logistics 

Airport 

TFI-Predator Beddown—FTU/LRE Site ... 8,400 8,400 

Air Force Travis AFB Construct Kc–10 Cargo Load Training Facility.6,900 6,900 

Air Force Travis AFB Taxiway M Bypass Load ............................ 6,000 

Def-Wide Travis AFB Replace Fuel Distribution System ............. 15,357 15,357 

Navy Twentynine Palms Station Comm Facility and Infrastructure 49,040 49,040 

Navy Twentynine Palms Sub-Station and Electrical Upgrades ........ 31,310 31,310 

Navy Twentynine Palms Elec. Infra. Upgrade—34.5kv To 115kv .... 46,220 46,220 

Navy Twentynine Palms Elec. Power Plant/CO—GEN/Gas Turbine—n.53,260 53,260 

Navy Twentynine Palms Water Improvements and Storage Tank ... 30,610 30,610 

Navy Twentynine Palms Sewage System Imp. and Lift Station ...... 5,800 5,800 

Navy Twentynine Palms HTHW/chilled Water System ..................... 25,790 25,790 

Navy Twentynine Palms Natural Gas System Extension ................. 19,990 19,990 

Navy Twentynine Palms Industrial Waste Water Pretreatment 

Sys..

3,330 3,330 

Navy Twentynine Palms Laydown Site Work—north mainside ....... 21,740 21,740 

Navy Twentynine Palms Secondary elec.dist.—north mainside ....... 31,720 31,720 

Navy Twentynine Palms Construct Loads—north mainside ............. 29,360 29,360 


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123 STAT. 2810 PUBLIC LAW 111–84—OCT. 28, 2009 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Navy Twentynine Palms Maint. Shop—wheeled ................................ 16,040 16,040 

Navy Twentynine Palms Maint. Sunshades— wheeled ..................... 12,580 12,580 

Navy Twentynine Palms Comm/Elect Maint/Storage ........................ 12,660 12,660 

Navy Twentynine Palms Dining Facility—north mainside ............... 17,200 17,200 

Navy Twentynine Palms BEQ .............................................................. 37,290 37,290 

Navy Twentynine Palms Maint. Shop—tracked ................................. 19,780 19,780 

Navy Twentynine Palms BEQ .............................................................. 37,290 37,290 

Navy Twentynine Palms Consolidated Armory— tanks .................... 12,670 12,670 

Air Force Vandenberg AFB Child Development Center ......................... 13,000 13,000 

Colorado 

AirlGuard Buckley Ang Base Add/Alter Weapons Release ....................... 4,500 

USAR Colorado Springs Army Reserve Center/land ......................... 13,000 13,000 

Army Fort Carson Training Aids Center .................................. 18,500 18,500 

Army Fort Carson Brigade Complex ......................................... 69,000 69,000 

Army Fort Carson Brigade Complex, Ph 1 ............................... 102,000 

Army Fort Carson Railroad Tracks ........................................... 14,000 14,000 

Army Fort Carson Warrior In Transition (WT) Complex ....... 56,000 56,000 

Army Fort Carson Automated Qualification Training Range 11,000 11,000 

Army Fort Carson Modified Record Fire Range ...................... 4,450 4,450 

Army Fort Carson Automated Multipurpose Machine Gun 

Range.

7,400 7,400 

Army Fort Carson Scout/recce Gunnery Complex ................... 16,000 16,000 

Army Fort Carson Urban Assault Course ................................ 3,100 3,100 

Army Fort Carson Convoy Live Fire Range ............................. 6,500 6,500 

Army Fort Carson Commissary ................................................. 35,000 35,000 

Army Fort Carson Barracks & dining, Increment 2 ................ 60,000 60,000 

Def-Wide Fort Carson SOF Battalion Ops Complex ...................... 45,200 45,200 

Def-Wide Fort Carson SOF Military Working Dog Facility .......... 3,046 3,046 

Def-Wide Fort Carson Health and Dental Clinic ........................... 52,773 31,900 

Air Force Peterson AFB East Gate Realignment .............................. 7,200 

Air Force Peterson AFB C–130 Squad Ops/AMU (TFI) .................... 5,200 5,200 

Air Force Peterson AFB National Security Space Institute ............. 19,900 19,900 

Chem Demil Pueblo Depot Ammunition Demilitarization Facility, Ph 

XI.

92,500 92,500 

AF Reserve Schriever AFB Wing Headquarters .................................... 10,200 10,200 

Air Force U.S. Air Force 

Academy 

Add To Cadet Fitness Center .................... 17,500 17,500 

Connecticut 

AirlGuard Bradley National 

Airport 

CNAF Beddown Upgrade Facilities .......... 9,000 

USAR Bridgeport Army Reserve Center/land ......................... 18,500 18,500 

Navy New London NSB Mk–48 Torpedo Magazine .......................... 6,570 

Delaware 

Air Force Dover AFB C–5 Cargo Aircraft maint Training Facility P1.5,300 5,300 

Air Force Dover AFB Consol Comm Fac ....................................... 12,100 12,100 

Air Force Dover AFB Chapel Center ............................................. 7,500 

Florida 

Navy Blount Island Port Operations Facility ............................. 3,760 3,760 

Air Force Eglin AFB F–35 Duke Control Tower .......................... 3,420 3,420 

Air Force Eglin AFB Construct Dormitory (96 rm) ..................... 11,000 11,000 

Air Force Eglin AFB F–35 Pol Ops Facility ................................. 3,180 5,236 

Air Force Eglin AFB F–35 Hydrant Refueling System Phase 1 8,100 14,308 

Air Force Eglin AFB F–35 Parallel Taxiway lAdder ................... 1,440 2,371 

Air Force Eglin AFB F–35 JPS Flightline fillstands ................... 5,400 8,892 

Air Force Eglin AFB F–35 JP–8 West Side bulk Fuel Tank Upgrades.960 1,581 

Air Force Eglin AFB F–35 Live Ordinance Load Facility ........... 9,900 9,900 

Air Force Eglin AFB F–35 A/C Parking Apron ............................ 16,400 27,652 

Army Eglin AFB Operations Complex, Ph 3 ......................... 80,000 80,000 

Army Eglin AFB Indoor Firing Range ................................... 8,900 8,900 

Army Eglin AFB Live Fire Exercise Shoothouse ................... 8,000 8,000 

Army Eglin AFB Live Fire Exercise Breach Facility ............ 4,950 4,950 

Army Eglin AFB Non-standard Small Arms range ............... 3,400 3,400 

Army Eglin AFB Grenade Launcher Range .......................... 1,600 1,600 

Army Eglin AFB Hand Grenade Qualification Course ......... 1,400 1,400 

Army Eglin AFB Urban Assault Course ................................ 2,700 2,700 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2811 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army Eglin AFB Anti-armor, Tracking & Live Fire Range 3,400 3,400 

Army Eglin AFB Automated Qualification/Training Range 12,000 12,000 

Army Eglin AFB Light Demolition Range ............................. 2,200 2,200 

Army Eglin AFB Basic 10m–25m Firing range (zero) .......... 3,050 3,050 

Def-Wide Eglin AFB SOF Military Working Dog Facility .......... 3,046 3,046 

Navy Eglin AFB F–35 Hydrant Refueling sys, Ph 1 ............ 6,208 

Navy Eglin AFB F–35 Parallel Taxiway ladder .................... 931 

Navy Eglin AFB F–35 A/C Parking Apron ............................ 11,252 

Navy Eglin AFB Bachelor Enlisted Quarters, EOD School, 

Phase.

26,287 26,287 

Navy Eglin AFB F–35 JP8 West Side Bulk Tank Upgrades 621 

Navy Eglin AFB F–35 Pol Operations Facility (Eglin) ........ 2,056 

Navy Eglin AFB F–35 JP8 Flightline Fillstands (Eglin) ..... 3,492 

Army Eglin AFB (Camp 

Rudder) 

Elevated Water Storage Tank ................... 1,200 

Air Force Hurlburt Field Refueling Vehicle Maintenance Facility ... 2,200 2,200 

Air Force Hurlburt Field Electrical Distribution Substation ............. 8,300 8,300 

Air Force Hurlburt Field Flight Test Opns Fac (413 Flts) ................ 9,400 

Def-Wide Hurlburt Field SOF Simulator Facility for Mc–130 

(recap).

8,156 8,156 

Navy Jacksonville P–8/MMA Facilities Modification .............. 5,917 5,917 

Def-Wide Jacksonville IAP Replace Jet Fuel Storage Complex ............ 11,500 11,500 

Air Force Macdill AFB Dormitory (120 Room) ................................ 16,000 16,000 

Air Force Macdill AFB Child Development Center ......................... 7,000 7,000 

Air Force Macdill AFB Centcom Commandant Facility ................. 15,300 15,300 

Air Force Macdill AFB Consolidated Commo Facility .................... 21,000 

Navy Mayport Fitness Ctr ................................................... 26,360 

Navy Mayport Wharf Charlie Repair ................................. 29,682 29,682 

Navy Mayport Channel Dredging ....................................... 46,303 46,303 

Army Miami Doral Southcom Headquarters, incr 3 ................. 55,400 55,400 

USAR Panama City Army Reserve Center/land ......................... 7,300 7,300 

Air Force Patrick AFB Combat Weapons Training Facility ........... 8,400 

Navy Pensacola Corry ‘‘A’’ School bachelor Enlisted Quarters R.22,950 22,950 

Navy Pensacola Simulator Addition For umfo Program ..... 3,211 3,211 

USAR West Palm Beach Army Reserve Center/land ......................... 26,000 26,000 

Navy Whiting Field T–6B JPATS Trng. Ops Paraloft Facility 4,120 4,120 

Georgia 

Navy Albany MCLB Wpns Maint Hardstand Fac ...................... 4,870 

USAR Atlanta Army Reserve Center/land ......................... 14,000 14,000 

Army Fort Benning Combined Arms Collective Training Facility.10,800 10,800 

Army Fort Benning Fire and Movement Range ......................... 2,800 2,800 

Army Fort Benning Battle Lab .................................................... 30,000 30,000 

Army Fort Benning Training Area Tank Trails ......................... 9,700 9,700 

Army Fort Benning Training Battalion Complex ...................... 38,000 38,000 

Army Fort Benning Dining Facility ............................................ 15,000 15,000 

Army Fort Benning Warrior In Transition (WT) Complex ....... 53,000 53,000 

Army Fort Benning Training Battalion Complex, Ph 1 ............ 31,000 31,000 

Army Fort Benning Training Battalion Complex, Ph 1 ............ 31,000 31,000 

Army Fort Benning Trainee Barracks Complex, Ph 1 ............... 74,000 74,000 

ARNG Fort Benning Readiness Center ........................................ 15,500 15,500 

Def-Wide Fort Benning Wilson Es Construct Gymnasium ............. 2,330 2,330 

Def-Wide Fort Benning SOF Expand Battalion Headquarters ....... 3,046 3,046 

Def-Wide Fort Benning Blood Donor Center Replacement ............. 12,313 12,313 

Def-Wide Fort Benning Dental Clinic ............................................... 4,887 4,887 

Army Fort Gillem Forensic Lab ................................................ 10,800 10,800 

Army Fort Stewart Brigade Complex ......................................... 93,000 48,000 

Army Fort Stewart Automated Sniper Field Fire Range ......... 3,400 3,400 

Army Fort Stewart Warrior In Transition (WT) Complex ....... 49,000 49,000 

Army Fort Stewart Barracks & Dining, Increment 2 ............... 80,000 80,000 

Def-Wide Fort Stewart New Elementary School ............................. 22,502 

Def-Wide Fort Stewart New Elementary School ............................. 22,501 22,501 

Def-Wide Fort Stewart Health and Dental Clinic ........................... 26,386 22,200 

ARNG Hunter Army Airfield Aviation Readiness Center ......................... 8,967 

Air Force Moody AFB Rescue Opns/maint HQ Fac ....................... 10,000 


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123 STAT. 2812 PUBLIC LAW 111–84—OCT. 28, 2009 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Air Force Warner Robins 

AFB 

Hot Cargo Pad/taxiway .............................. 6,200 

Hawaii 

Def-Wide Ford Island Pacific Operations Facility Upgrade ......... 9,633 9,633 

Air Force Hickam AFB Ground Control Tower ................................ 4,000 

AirlGuard Hickam AFB TFI—F–22 LO/composite repair Facility .. 26,000 26,000 

AirlGuard Hickam AFB TFI—F–22 Parking Apron and Taxiways 7,000 7,000 

Navy Navsta Pearl Harbor Production Services Support Facility ........ 25,070 

Navy Oahu Range, 1000 - Puuloa .................................. 5,380 5,380 

Navy Pearl Harbor Pacflt Sub Drive-in Mag Silencing Fac 

(inc).

8,645 8,645 

Navy Pearl Harbor APCSS Conference & Technology Learning Center.12,775 12,775 

Navy Pearl Harbor Missile Magazines (5), West Loch ............. 22,407 22,407 

Army Schofield Barracks Vehicle Maintenance Shop ......................... 63,000 63,000 

Army Schofield Barracks Vehicle Maintenance Shop ......................... 36,000 36,000 

Army Schofield Barracks Warrior In Transition (WT) Barracks ....... 55,000 55,000 

Army Schofield Barracks Warrior In Transition Complex ................. 30,000 30,000 

Air Force Wheeler AAF Construct ASOC Complex .......................... 15,000 15,000 

Army Wheeler AAF Regional SATCOM Information Center .... 7,500 7,500 

Idaho 

ARNG Gowen Field Combined Arms Collective Training Facility.16,100 16,100 

Air Force Mountain Home 

AFB 

Logistics Readiness Center ........................ 20,000 20,000 

Illinois 

USAR Chicago Army Reserve Center ................................. 23,000 23,000 

Milcon, Naval 

Res 

Joliet Army Ammo 

Plant 

Reserve Training Center—Joliet, Il .......... 7,957 7,957 

AirlGuard Lincoln Capital 

Airport 

Security Improv—Relocate Entrance ........ 3,000 

ARNG Milan Readiness Center ........................................ 5,600 

Air Force Scott AFB Aeromedical Evac Facility .......................... 7,400 

Indiana 

ARNG Muscatatuck Combined Arms Collective Training Facility Ph.10,100 10,100 

Navy Naval Support Activity Crane Strategic Weapons Systems Engineering 

Facility.

13,710 

Iowa 

ARNG Camp Dodge US Property and Fiscal Office ................... 4,000 

AirlGuard Des Moines Des Moines Alt Security Forces Fac ......... 4,600 

Kansas 

Army Fort Riley Training Aids Center .................................. 15,500 15,500 

Army Fort Riley Advanced Waste Water Treatment Plant 28,000 28,000 

Army Fort Riley Igloo Storage, Installation .......................... 7,200 7,200 

Army Fort Riley Brigade Complex ......................................... 49,000 49,000 

Army Fort Riley Battalion Complex ...................................... 59,000 59,000 

Army Fort Riley Land Vehicle Fueling Facility .................... 3,700 3,700 

Army Fort Riley Estes Load Access Control Point ............... 6,100 

AirlGuard McConnell AFB TFI-Upgrade DCGS .................................... 8,700 

ARNG Salina Army NG 

Aviation Facility 

Taxiway Alterations ................................... 2,227 

Kentucky 

Chem Demil Blue Grass Army 

Depot 

Ammunition Demilitarization Ph X .......... 54,041 54,041 

Chem Demil Blue Grass Army 

Depot 

Blue Grass Army Depot Chem Demil 

Project.

5,000 

Army Fort Campbell Installation Chapel Center ........................ 14,400 

Def-Wide Fort Campbell 5th SFG Language Sustainment Trng Fac 6,800 

Def-Wide Fort Campbell SOF Battalion Operations Complex .......... 29,289 29,289 

Def-Wide Fort Campbell SOF Military Working Dog Facility .......... 3,046 3,046 

Def-Wide Fort Campbell Health Clinic ............................................... 8,600 8,600 

Army Fort Knox Warrior In Transition (WT) Complex ....... 70,000 70,000 

Louisiana 

Air Force Barksdale Air 

Force Base 

Phase Five Ramp Replacement—Aircraft 

Apron.

12,800 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2813 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army Fort Polk Multipurpose Machinegun Range .............. 6,400 

Army Fort Polk Warrior In Transition (WT) Complex ....... 32,000 32,000 

Army Fort Polk Land Purchases ........................................... 17,000 17,000 

Maine 

AirlGuard Bangor IAP Replace Aircraft Maint Hanger/shops ....... 28,000 28,000 

Navy Portsmouth Naval 

Shipyard 

Gate 2 Security Improvements .................. 7,090 

Maryland 

Army Aberdeen PG Analytical Chem Wing—Advanced Chem 

Lab.

15,500 

Def-Wide Aberdeen PG USAMRICD Replacement, inc I ................ 111,400 111,400 

Air Force Andrews AFB Replace Munitions Storage Area ............... 9,300 9,300 

AirlGuard Andrews AFB Rpl Munitions maintenance and Storage 

Complex.

14,000 14,000 

Navy Carderock Nswc 

Det 

RDTE Support Facility, ph2 ...................... 6,520 

Army Fort Detrick ATL Auditorium & Tng Cntr Expand ....... 7,400 

Army Fort Detrick Satellite Communications Center .............. 18,000 18,000 

Army Fort Detrick Satellite Communications Facility ............ 21,000 21,000 

Def-Wide Fort Detrick Boundary Gate At Nalin Pond ................... 10,750 10,750 

Def-Wide Fort Detrick Emergency Service Center ......................... 16,125 16,125 

Def-Wide Fort Detrick USAMRIID Stage I, Inc IV ........................ 108,000 108,000 

Def-Wide Fort Detrick Nibc Truck Inspection Station & RLoad ... 2,932 2,932 

Army Fort Meade Intersection, Rockenbach Rd & Cooper 

Ave.

2,350 

Def-Wide Fort Meade South Campus Utility Plant Ph 2 ............. 175,900 175,900 

Def-Wide Fort Meade NSAW Campus Chilled Water Backup ..... 19,100 19,100 

Def-Wide Fort Meade Mission Support—PSAT ............................. 8,800 8,800 

Navy Patuxent River 

NAS 

Special Commo Rqts Eng Facility ............. 11,043 

Massachusetts 

AirlGuard Barnes ANGB F–15 Aircraft Ready Shelters .................... 8,100 

ARNG Hanscom AFB Armed Forces Reserve Center (JFHQ) ..... 29,000 29,000 

AirlGuard Otis Air National 

Guard Base 

Composite Operations and Training Facility.12,800 

Michigan 

AirlGuard Alpena CRTC Replace Troop Quarters ............................. 8,900 

AirlGuard Battle Creek ANG 

Base 

CNAF Bed Down Facilities ........................ 14,000 

ARNG Fort Custer Org Maint Shop (ADRS) ............................. 7,732 

AirlGuard Selfridge ANG 

Base 

A–10 Squad Operations Facility ................ 7,100 

Minnesota 

ARNG Arden Hills Readiness Center Ph2 ................................ 6,700 6,700 

ARNG Camp Ripley Urban Assault Course ................................ 1,710 1,710 

Def-Wide Duluth IAP Jet Fuel Stoarge Complex .......................... 15,000 15,000 

USAR Fort Snelling 

(Minneapolis) 

Army Reserve Center ................................. 12,000 12,000 

AirlGuard Minn/St. Paul IAP 

133rd AW Base 

Minnesota Starbase Facility Alteration .... 1,900 

Mississippi 

ARNG Camp Shelby Combined Arms Collective Tng Fac Add/ 

alt.

16,100 16,100 

Air Force Columbus AFB Aircraft Fuel Systems Maint Dock ............ 9,800 

AirlGuard Gulfport-biloxi RA Relocate Base Entrance .............................. 6,500 

AF Reserve Keesler AFB Aerial Port Squadron Facility .................... 9,800 9,800 

ARNG Monticello Monticello National guard Readiness Center.14,350 

Missouri 

ARNG Boonville Readiness Center Add/alt ........................... 1,800 1,800 

Army Fort Leonard 

Wood 

Automated-aided Instruction Facility ....... 27,000 27,000 

Army Fort Leonard 

Wood 

Wheeled Vehicle Drivers Course ............... 17,500 17,500 

Army Fort Leonard 

Wood 

Warrior In Transition Complex ................. 19,500 19,500 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2814 PUBLIC LAW 111–84—OCT. 28, 2009 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army Fort Leonard 

Wood 

Transient Advanced Trainee Barracks, Ph 

1.

99,000 99,000 

Army Fort Leonard 

Wood 

Health Clinic ............................................... 7,800 

Def-Wide Fort Leonard 

Wood 

Dental Clinic Addition ................................ 5,570 5,570 

AirlGuard Rosecrans Memorial Airport Replace Fire/crash rescue Station Phase I 9,300 

Air Force Whiteman AFB EOD Opns Complex .................................... 7,400 

Air Force Whiteman AFB Land Acquisition North & South Bdry ..... 5,500 

Montana 

Air Force Malmstrom AFB Upgrade Weapons Storage Area ................ 10,600 

Nebraska 

ARNG Lincoln Armed Forces Reserve Center (JFHQ) ..... 23,000 23,000 

AirlGuard Lincoln Map Joint Forces Operations Center—ANG 

Share.

1,500 1,500 

Air Force Offutt AFB STRATCOM Gate ....................................... 10,400 

Nevada 

ARNG Carson City National Guard Energy Sustainable 

Projects.

2,000 

Air Force Creech AFB UAS AT/FP Security Updates .................... 2,700 2,700 

Navy Naval Air Station 

Fallon 

Warrior Physical Training Facility ........... 10,670 

ARNG North Las Vegas Readiness Center ........................................ 26,000 26,000 

AirlGuard Reno, NV NV Air National Guard Fire Station Replacement.10,800 

New Hampshire 

AirlGuard Pease ANGB Replace Squadron Operations Facilities ... 10,000 

New Jersey 

Air Force McGuire AFB Warfighter & Family Sup Cntr ................. 7,900 

AirlGuard McGuire AFB 108th Air Refuel Wng, Base Civil Eng 

Complex.

9,700 

Army Picatinny Arsenal Ballistic Eval Facility, Ph 2 ....................... 10,200 

Air Force Cannon AFB WB—Consolidated Communication Fac ... 15,000 15,000 

New Mexico 

Def-Wide Cannon AFB SOF Fuel Cell Hanger (MC–130) .............. 41,269 41,269 

Def-Wide Cannon AFB SOF AMU Addition (CV–22) ...................... 11,595 11,595 

Def-Wide Cannon AFB SOF Ac–130 Load Out Apron Ph1 ............ 6,000 

Air Force Holloman AFB F–22a Consolidated Munitions Maint 

(TFI).

5,500 5,500 

Air Force Holloman AFB Fire-crash Rescue Station .......................... 10,400 

Air Force Holloman AFB UAS Field Training Complex ..................... 37,500 

Air Force Kirtland AFB Add To Space RDT&E Opns Cntr ............. 5,800 

Air Force Kirtland AFB MC–130J Simulator Facility ...................... 8,000 8,000 

Air Force Kirtland AFB HC–130J Simulator Facility ...................... 8,700 8,700 

ARNG Santa Fe Army Aviation Support Facility ................ 39,000 39,000 

New York 

Army Fort Drum All Wx Marksmanship Facility .................. 8,200 

Army Fort Drum Water System Expansion ........................... 6,500 6,500 

Army Fort Drum Barracks ...................................................... 57,000 57,000 

Army Fort Drum Warrior In Transition Complex ................. 21,000 21,000 

AF Reserve Niagra Falls ARB Indoor Small Arms Range .......................... 5,700 

USAR Rochester Army Reserve Center/land ......................... 13,600 13,600 

AirlGuard Wheeler Sack AAF TFI-reaper LRE Beddown .......................... 2,700 

North Carolina 

Def-Wide Camp Lejeune SOF Academic Instruction Facility Expansion.11,791 11,791 

Navy Camp Lejeune Maintenance/OPS Complex ........................ 52,390 52,390 

Navy Camp Lejeune BEQ—Wallace Creek .................................. 34,160 34,160 

Navy Camp Lejeune Utility Expansion—Courthouse Bay ......... 56,280 56,280 

Navy Camp Lejeune SOI-east Facilities—Camp Geiger ............. 56,940 56,940 

Navy Camp Lejeune Field Training fac.—Devil Dog - SOI ........ 37,170 37,170 

Navy Camp Lejeune Road Network—Wallace creek ................... 15,130 15,130 

Navy Camp Lejeune MP Working Dog Kennel— relocation ...... 8,370 8,370 

Navy Camp Lejeune Consolidated Info tech/telecom Complex .. 46,120 46,120 

Navy Camp Lejeune New Base Entry Point and Road (phase 

1).

79,150 79,150 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2815 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Navy Camp Lejeune BEQ—Wallace Creek .................................. 43,480 43,480 

Navy Camp Lejeune BEQ—Wallace Creek .................................. 44,390 44,390 

Navy Camp Lejeune BEQ—Wallace Creek .................................. 44,390 44,390 

Navy Camp Lejeune BEQ—Wallace Creek .................................. 42,110 42,110 

Navy Camp Lejeune Pre-trial Detainee Facility ......................... 18,580 18,580 

Navy Camp Lejeune Physical Fitness Center ............................. 39,760 39,760 

Navy Camp Lejeune 4th Infantry Battalion Ops Complex ........ 55,150 55,150 

Navy Cherry Point 

MCAS 

Ordnance Magazines .................................. 12,360 12,360 

Navy Cherry Point 

MCAS 

EMS/fire Vehicle Facility ........................... 10,600 10,600 

ARNG East Flat Rock Readiness Center Add/alt ........................... 2,516 

Army Fort Bragg Vehicle Maintenance Shop ......................... 19,500 19,500 

Army Fort Bragg Simulations Center ..................................... 50,000 50,000 

Army Fort Bragg Vehicle Maintenance Shop ......................... 17,500 17,500 

Army Fort Bragg Company Operations Facility .................... 3,300 3,300 

Army Fort Bragg Transient Training Barracks Complex ..... 16,500 16,500 

Army Fort Bragg Automated Sniper Field Fire Range ......... 3,450 

Army Fort Bragg Automated Multipurpose Machine Gun .... 4,350 4,350 

ARNG Fort Bragg TUAS Support Facility ............................... 6,038 

Def-Wide Fort Bragg Albritton JHS Addition .............................. 3,439 3,439 

Def-Wide Fort Bragg Special Ops Prep & Conditioning Course 24,600 24,600 

Def-Wide Fort Bragg SOF Battalion & Company HQ ................. 15,500 15,500 

Def-Wide Fort Bragg SOF Operations Support Addition ............ 13,756 13,756 

Def-Wide Fort Bragg SOF Military Working Dog Facility .......... 1,125 1,125 

Def-Wide Fort Bragg SOF Battalion Headquarters Facility ....... 13,000 13,000 

Def-Wide Fort Bragg SOF Operations Addition North ................ 27,513 27,513 

Def-Wide Fort Bragg SOF TUAV Hanger ..................................... 2,948 2,948 

Def-Wide Fort Bragg SOF Military Working Dog Facility .......... 3,046 3,046 

Def-Wide Fort Bragg Consolidated Health Clinic ........................ 26,386 26,386 

Def-Wide Fort Bragg Health Clinic ............................................... 31,272 31,272 

Navy New River Apron Expansion (phase 2) ........................ 35,600 35,600 

Navy New River VMMT–204 Maintenance Hanger—phase 

3.

28,210 28,210 

Navy New River Parallel Taxiway ......................................... 17,870 17,870 

Navy New River Tactical Support Van Pad Addition .......... 5,490 5,490 

Navy New River Gymnasium/outdoor Pool ........................... 19,920 19,920 

Air Force Pope AFB Pope AFB Air Traffic Control Tower ......... 9,000 

Air Force Seymour Johnson 

AFB 

Radar Approach Control Complex, Ph1 .... 6,900 

Army Sunny Point Mot Towers .......................................................... 3,900 3,900 

Army Sunny Point Mot Lightning Protection System ..................... 25,000 25,000 

North Dakota 

Air Force Grand Forks AFB Consolidated Security Forces Facility ....... 12,000 

Air Force Minot AFB Munitions Trailer Storage Facility ............ 1,500 1,500 

Air Force Minot AFB Missile Procedures Trng Operations ......... 10,000 10,000 

Ohio 

USAR Cincinnati Army Reserve Center/land ......................... 13,000 13,000 

AirlGuard Mansfield Lahm 

Airport 

TFI—Red Horse Squadron Beddown ........ 11,400 11,400 

Air Force Wright-Patterson 

AFB 

Info Tech Complex Ph 1 ............................. 27,000 27,000 

Air Force Wright-Patterson 

AFB 

Conversion For Advanced Power Research 

Lab.

21,000 21,000 

Air Force Wright-Patterson 

AFB 

Replace West Ramp, phase I ..................... 10,600 

Oklahoma 

Air Force Altus AFB Repair Taxiways ......................................... 20,300 20,300 

Def-Wide Altus AFB Replace Upload Facility ............................. 2,700 2,700 

Army Fort Sill Automated Infantry Squad Battle Course 3,500 3,500 

Army Fort Sill Barracks ...................................................... 65,000 65,000 

Army Fort Sill Warrior In Transition Complex ................. 22,000 22,000 

Def-Wide Fort Sill Dental Clinic ............................................... 10,554 10,554 

Army McAlester High Explosive Magazine, Depot Level .... 1,300 1,300 

Army McAlester General Purpose Storage Building ............ 11,200 11,200 

Air Force Tinker AFB T–9 Noise Suppressor ................................. 5,200 

Air Force Tinker AFB Building 3001 Hanger Door ....................... 13,037 13,037 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2816 PUBLIC LAW 111–84—OCT. 28, 2009 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Air Force Vance AFB Control Tower ............................................. 10,700 

AirlGuard Will Rogers World 

Airport 

TFI—Air Supt Opers Sqdn (ASOS) Beddn 7,300 7,300 

Oregon 

ARNG Clatsop County, 

Warrenton 

Camp Rilea Infrastructure (Water Supply 

System).

3,369 

ARNG Polk County Readiness Center ........................................ 12,100 

Pennsylvania 

USAR Ashley Army Reserve Center ................................. 9,800 9,800 

FH Con DW Def Distro Depot Def Distribution Depot New Cumberland 2,859 2,859 

USAR Harrisburg Army Reserve Center ................................. 7,600 7,600 

USAR Newton Square Army Reserve Center/land ......................... 20,000 20,000 

AF Reserve Pittsburgh AFR 

Base 

Visiting Quarters Phase 1 .......................... 12,400 

USAR Uniontown Army Reserve Center/land ......................... 11,800 11,800 

Rhode Island 

Navy Newport Officer Training Command Quarters ........ 45,803 45,803 

Navy Newport Renovate of Senior Enlisted Academy ...... 10,550 

Navy Newport Renovate Perry Hall ................................... 8,530 

South Carolina 

Navy Beaufort Widebody Aircraft Fuel Lane ..................... 1,280 1,280 

Milcon, Naval 

Res 

Charleston Reserve Vehicle Maintenance Facility ...... 4,240 4,240 

Army Charleston NWS Staging Area ................................................ 4,100 4,100 

Army Charleston NWS Railroad Tracks ........................................... 12,000 12,000 

Army Charleston NWS Pier and Loading/Unloading Ramps ......... 5,700 5,700 

ARNG Eastover Army Aviation Support Facility Add/Alt .. 26,000 26,000 

Army Fort Jackson Advanced Skills Trainee Barracks ............ 32,000 32,000 

Army Fort Jackson Modified Record Fire Range ...................... 3,600 3,600 

Army Fort Jackson Training Battalion Complex ...................... 66,000 66,000 

Army Fort Jackson Infiltration Course ...................................... 1,900 1,900 

ARNG Greenville Army Aviation Support Facility ................ 40,000 40,000 

AirlGuard McEntire JNGB Joint Force headquarters Building ............ 1,300 

Navy Parris Island Electrical SubStation and Improvements 6,972 6,972 

Air Force Shaw AFB Add/Alter USAFCENT HQ ........................ 21,183 

South Dakota 

ARNG Camp Rapid Joint Force HQ Readiness Center Supplement.7,890 

ARNG Camp Rapid Troop Medical Clinic Addition and Alteration.1,950 

Air Force Ellsworth AFB Add/Alter Deployment Center ................... 14,500 

AirlGuard Joe Foss Field Add and Alter Munitions Maintenance 

Complex.

1,300 

AirlGuard Joe Foss Field Above Ground Multi-cubicle Magazine 

Storage.

1,300 

Tennessee 

AirlGuard 164 AirLift Wing, 

Mem 

164th AirLift Wing ANG Eng Maint Trng 

Fac.

9,800 

Texas 

ARNG Austin Armed Forces Reserve Center ................... 16,500 16,500 

ARNG Austin Field Maintenance Shop, joint ................... 5,700 5,700 

USAR Austin Armed Forces Reserve Center/AMSA ....... 20,000 20,000 

USAR Bryan Army Reserve Center ................................. 12,200 

Navy Corpus Christi Operational Facilities for T–6 .................... 19,764 19,764 

Air Force Dyess AFB C–130J Alter Hanger .................................. 4,500 4,500 

Army Fort Bliss Vehicle Maintenance Shop ......................... 16,000 16,000 

Army Fort Bliss Brigade Staging Area Complex ................. 14,800 14,800 

Army Fort Bliss Digital Multipurpose Range Complex ....... 45,000 45,000 

Army Fort Bliss Fire and Military Police Stations .............. 16,500 16,500 

Army Fort Bliss Aircraft Fuel Storage .................................. 10,800 10,800 

Army Fort Bliss Vehicle Maintenance Shop ......................... 20,000 20,000 

Army Fort Bliss Automated Sniper Field Fire Range ......... 4,250 4,250 

Army Fort Bliss Known Distance Range .............................. 4,750 4,750 

Army Fort Bliss Automated Multipurpose Machine Gun 

Range.

6,900 6,900 

Army Fort Bliss Scout/recce Gunnery Complex ................... 17,000 17,000 

Army Fort Bliss Light Demolition Range ............................. 2,400 2,400 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2817 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army Fort Bliss Automated Infantry Platoon Battle 

Course.

7,000 7,000 

Army Fort Bliss Simulation Center ....................................... 23,000 23,000 

Army Fort Bliss Vehicle Maintenance & Company Ops Fac 31,000 31,000 

Def-Wide Fort Bliss Health and Dental Clinic ........................... 30,295 24,600 

Def-Wide Fort Bliss Hospital Replacement Inc1 ........................ 86,975 86,975 

USAR Fort Bliss Army Reserve Center ................................. 9,500 9,500 

Army Fort Hood Vehicle Maintenance Shop ......................... 23,000 23,000 

Army Fort Hood Urban Assault Course ................................ 2,400 2,400 

Army Fort Hood Automated Multipurpose Machine Gun 

Range.

6,700 6,700 

Army Fort Hood Family Life Center ..................................... 10,800 

Def-Wide Fort Hood Alter Fuel Pump House and Fill Stand .... 3,000 3,000 

Army Fort Sam Houston Access Control Point and Road Improvements.10,800 10,800 

Army Fort Sam Houston General Instruction building ..................... 9,000 9,000 

Milcon, Naval 

Res 

Fort Worth NAS/ 

JRB 

Replace Joint Base Comms ........................ 6,170 

Air Force Goodfellow AFB Joint Intel Tech Trng fac, Ph 1 (tfi) .......... 18,400 18,400 

Air Force Goodfellow AFB Student Dormitory (100 rm) ...................... 14,000 14,000 

Air Force Goodfellow AFB Consolidated Learning Center ................... 12,000 

USAR Houston Army Reserve Center/land ......................... 24,000 24,000 

AirlGuard Kelly Field Annex Add/Alter Aircraft Maint Shops ................ 7,900 

Navy Kingsville NAS Solar Panel Array ....................................... 4,470 

AF Reserve Lackland AFB C–5 Ground Training Schoolhouse Addition.

1,500 1,500 

Air Force Lackland AFB Evasion, Conduct After Capture Trng ...... 4,879 4,879 

Air Force Lackland AFB Recruit Dormitory 2, phase 2 .................... 77,000 77,000 

Air Force Lackland AFB Bmt Satellite Classroom/dining Fac .......... 32,000 32,000 

Def-Wide Lackland AFB Dental Clinic replacement ......................... 29,318 29,318 

Def-Wide Lackland AFB Ambulatory Care Center, phase 1 ............. 72,610 72,610 

USAR Robstown Tactical Equip Maint Facility .................... 10,200 

Milcon, Naval 

Res 

San Antonio Reserve Training Center ............................ 2,210 2,210 

USAR San Antonio Army Reserve Center ................................. 20,000 20,000 

Air Force Sheppard Air 

Force Base 

ENJJPT Operations Complex, Phase 1 .... 13,450 

Utah 

Def-Wide Camp Williams IC CNCI Data Center (Incr. 2) .................. 800,000 600,000 

Army Dugway Proving 

Ground 

Water Treatment Systems ......................... 25,000 25,000 

AF Reserve Hill AFB Reserve Squad Ops/AMU Facility ............. 3,200 3,200 

Air Force Hill AFB F–22A Radar Cross Section Testing Fac .. 21,053 21,053 

Air Force Hill AFB PCC Apron Northwest End Taxiway ........ 5,100 

Vermont 

AirlGuard Burlington IAP Fire Crash and Rescue Station Addition 

and Alteration.

6,000 

ARNG Ethan Allen Firing 

Range 

BOQ Additions and Improvements ........... 1,996 

Virginia 

Def-Wide Dahlgren Aegis BMD Facility Expansion .................. 24,500 24,500 

Navy Dahlgren Electromagnetic Research and Engineering Facility.3,660 

Def-Wide Dam Neck SOF Operations Facility inc III ................. 15,967 15,967 

Navy Dam Neck SOF Cafeteria ............................................. 14,170 

Army Fort A.P. Hill Automated Infantry Platoon Battle 

Course.

4,900 4,900 

Army Fort A.P. Hill Field Training Area .................................... 9,000 9,000 

Army Fort A.P. Hill Training Aids Center .................................. 9,100 9,100 

Army Fort Belvoir Flight Control Tower .................................. 8,400 8,400 

Army Fort Belvoir Road and Access Control Point .................. 9,500 9,500 

Army Fort Belvoir Road and Infrastructure Improvements ... 20,000 

Army Fort Lee Defense Access Roads ................................. 5,000 

ARNG Fort Pickett Regional Training Institute Ph2 ................ 32,000 32,000 

Army Ft. Eustis Upgrade Marshalling Area ........................ 8,900 

Air Force Langley AFB West & Lasalle Gates Force Protection/access.10,000 10,000 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2818 PUBLIC LAW 111–84—OCT. 28, 2009 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Def-Wide Little Creek SOF Support Activity Operation Facility 18,669 18,669 

Navy Little Creek Naval Construction Division Operations 

Fac.

13,095 13,095 

Navy Norfolk E–2D Trainer Facility ................................ 11,737 11,737 

Navy Norfolk Facility Upgrades For E–2D Program ...... 6,402 6,402 

Milcon, Naval 

Res 

Oceana Naval Air 

Station 

C–40 Hanger ............................................... 30,400 30,400 

Def-Wide Pentagon Pentagon Electrical Upgrade ..................... 19,272 19,272 

Def-Wide Pentagon Secondary Uninterruptible Power Raven 

Rock.

8,400 8,400 

Navy Portsmouth Ship Repair Pier replacement (Incr. 1) ..... 226,969 126,969 

Navy Quantico Student Quarters—TBS (phase 4) ............. 32,060 32,060 

Navy Quantico Battalion Training Facility—MSGBN ....... 10,340 10,340 

Navy Quantico MC Information Operations Center— 

MCIOC.

29,620 29,620 

Navy Quantico Aircraft Trainer ........................................... 3,170 3,170 

Navy Quantico Dining Facility - TBS ................................. 14,780 14,780 

Navy Quantico South Mainside Electrical SubStation ...... 15,270 15,270 

Washington 

Navy Bangor Limited Area Production/strg Cmplx (inc 

6).

87,292 87,292 

Navy Bremerton Enclave Fencing/ parking, Silverdale WA 67,419 67,419 

Navy Bremerton CVN Maintenance Pier replacement (inc 

2).

69,064 69,064 

Navy Everett NS Small Craft Launch .................................... 3,810 

Air Force Fairchild AFB SERE Force Support Complex, Phase I .... 11,000 

Air Force Fairchild AFB TFI Refuel Veh Maint Facility .................. 4,150 

Def-Wide Fairchild AFB Replace Fuel Distribution System ............. 7,500 7,500 

Army Fort Lewis Live Fire Exercise Shoothouse ................... 2,550 2,550 

Army Fort Lewis Animal Building .......................................... 3,050 3,050 

Army Fort Lewis Brigade Complex, Inc 4 .............................. 102,000 102,000 

Army Fort Lewis Modified Record Fire Range ...................... 4,100 4,100 

Army Fort Lewis Ft Lewis-Mcchord AFB Joint Access ......... 9,000 

Def-Wide Fort Lewis SOF Support Company Facility ................. 14,500 14,500 

Def-Wide Fort Lewis Health and Dental Clinic ........................... 15,636 15,636 

Navy Indian Island NM Ord Storage Pads W/2 Covers ................... 13,130 

Navy Spokane Jnt Pers Recovery agency Specialized 

SERE Tra.

12,707 12,707 

West Virginia 

AirlGuard Martinsburg C–5 Taxiway Upgrades .............................. 19,500 

Navy Navy, Sugar Grove Emergency Services Center ....................... 10,990 

ARNG St. Albans Armory Readiness Center Additions ....................... 2,000 

Wisconsin 

USAR Fort McCoy Combined Arms Collective Training Facility.25,000 25,000 

USAR Fort McCoy Range Utility Upgrade ............................... 3,850 

AirlGuard General Mitchell 

IAP 

Upgrade Corrosion Control Hanger .......... 5,000 

Wyoming 

AirlGuard Cheyenne Airport Squadron Operations .................................. 1,500 

Air Force F. E. Warren AFB ADAL Missile Service Complex ................. 9,100 9,100 

Zu 

Air Force Unspecified Worldwide Recission Pl 110–417 UAS Maint Complex.–22,000 

Air Force Unspecified Worldwide Recission Pl 110–417 UAS Ops Complex .. –15,500 

BRAC 05 Unspecified Worldwide Base Realignment and Closure 2005 ........ 7,479,498 7,455,498 

BRAC IV Unspecified Worldwide Base Realignment and Closure IV ............ 396,768 496,768 

Army Various Locations Brigade Combat Team Stationing ............. –166,000 

Army Various Locations Trainee Troop Housing ............................... 350,000 

Afghanistan 

Air Force Bagram Air Base Passenger Terminal .................................... 22,000 22,000 

Army Bagram Air Base Fuel System Ph 6 ........................................ 12,000 12,000 

Army Bagram Air Base Fuel System Ph 7 ........................................ 5,000 5,000 

Army Bagram Air Base Coalition Operation Center ........................ 49,000 49,000 


ebenthall on DSK9Q6SHH1 with PUBLAW
PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2819 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army Bagram Air Base APS Compound ........................................... 38,000 

Army Bagram Air Base Aviation Support Facility ........................... 2,600 2,600 

Army Bagram Air Base Barracks ...................................................... 18,500 18,500 

Army Bagram Air Base Command and Control Facility ................. 38,000 

Army Bagram Air Base Perimeter Fence and Guard Towers ......... 7,000 

Bahrain 

Navy SW Asia Waterfront Development phase 2 .............. 41,526 41,526 

Belgium 

Def-Wide Brussels Replace Elementary School (shape) .......... 38,124 38,124 

Army Mons NATO SOF Operational Support .............. 20,000 

Def-Wide Brussels NATO Headquarters ................................... 41,400 

Colombia 

Air Force Palanquero Ab Palanquero AB Development ..................... 46,000 46,000 

Czech Republic 

Def-Wide Various Locations Recission Pl 110–417 Emcr Site ................ –108,560 

Djibouti 

Navy Camp Lemonier Interior Paved Roads Phase A ................... 7,275 7,275 

Navy Camp Lemonier Ammo Supply Point .................................... 21,689 21,689 

Navy Camp Lemonier Security Fencing I ....................................... 8,109 8,109 

Navy Camp Lemonier Fire Station ................................................. 4,772 4,772 

Germany 

Army Ansbach Barracks ...................................................... 17,500 17,500 

Army Ansbach Barracks ...................................................... 14,200 14,200 

FH Con Army Baumholder Family Housing Replacement 

Constru(138 Units).

18,000 18,000 

Def-Wide Boeblingen New Elementary School ............................. 50,000 

Def-Wide Kaiserlautern AB Kaiserslautern Complex-phase 1 ............... 19,380 19,380 

Def-Wide Kaiserlautern AB Kaiserslautern HS Replace School ............ 74,165 74,165 

Army Kleber Kaserne Barracks ...................................................... 20,000 20,000 

Army Landstuhl Warrior In Transition (WT) Complex ....... 25,000 

Air Force Ramstein AB Construct Age Maint Complex ................... 11,500 11,500 

Air Force Ramstein AB Contingency Response Group Command .. 23,200 23,200 

Air Force Spangdahlem AB Fitness Ctr ................................................... 23,500 23,500 

Def-Wide Weisbaden Wiesbaden HS New Cafeteria and Kitchen.5,379 5,379 

FH Con Army Weisbaden Family Housing replacement Const Inc 2 10,000 10,000 

FH Con Army Weisbaden Family Housing replacement Const Inc 2 11,000 11,000 

FH Con Army Weisbaden Family Housing replacement Const Inc 2 11,000 11,000 

Greece 

Def-Wide Souda Bay Fuel Storage Tanks & Pipeline Rpl .......... 24,000 24,000 

Guam 

Def-Wide Agana Naval Air 

Station 

Replace Gas Cylander Storage Facility .... 4,900 4,900 

Air Force Andersen AFB Postal Service Center ................................. 3,500 

Air Force Andersen AFB Strike Fol Electrical Infrastructure .......... 33,750 33,750 

Air Force Andersen AFB NW Field ATFP Perimeter Fence and 

Road.

4,752 4,752 

Air Force Andersen AFB Commando Warrior Operations Fac ......... 4,200 4,200 

Air Force Andersen AFB NW Field Combat Spt Vehicle Maint Fac 15,500 15,500 

ARNG Barrigada Readiness Center ........................................ 30,000 30,000 

Def-Wide Guam Hospital Replacement incr I ...................... 259,156 259,156 

FH Con Navy Guam Replace Guam N. Tipalao ph III ............... 20,730 20,730 

Navy Guam Consolidated Slc Training & CSS–15 HQ 

Fac.

45,309 45,309 

Navy Guam Military Working Dog Relocation, Apra 

Harbor.

27,070 14,000 

Navy Guam Defense Access Road improvements .......... 48,860 48,860 

Navy Guam AAFB North Ramp Utilities Incr 1 ........... 21,500 21,500 

Navy Guam AAFB North Ramp Parking incr 1 ............ 88,797 88,797 

Navy Guam Apra Harbor Wharves Imp. Incr 1 ............ 167,033 127,033 

Navy Guam Torpedo Exercise Support Building ........... 15,627 15,627 

Def-Wide Various Locations Unspecified Various locations ....................

Guantanamo 

Def-Wide Guantanamo Bay Replace Fuel Storage Tanks 12,500 12,500 

Italy 

Air Force Sigonella Global Hawk Aircraft Maint and Ops 

Complex.

31,300 31,300 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2820 PUBLIC LAW 111–84—OCT. 28, 2009 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Army Vicenza Bde Complex—Operations spt Fac, Incr 3 23,500 23,500 

Army Vicenza Bde Complex—Barracks/community, Incr 

3.

22,500 22,500 

Japan 

Army Okinawa Training Aids Center .................................. 6,000 6,000 

Army Sagamihara Training Aids Center .................................. 6,000 6,000 

Korea 

Army Camp Humphreys Vehicle Maintenance Shop ......................... 19,000 19,000 

Army Camp Humphreys Vehicle Maintenance Shop ......................... 18,000 18,000 

Army Camp Humphreys Fire Stations ................................................ 13,200 13,200 

Def-Wide K–16 Airfield Convert Warehouses ................................... 5,050 5,050 

Def-Wide Osan AB Replace Hydrant Fuel System ................... 28,000 28,000 

FH Con Navy Pusan Constr Chinhae Welcome Ctr/warehouse 4,376 4,376 

Kuwait 

Army Camp Arifjan APS Warehouses ......................................... 82,000 82,000 

Air Force Al Musannah AB War Reserve Material Compound ............. 47,000 

Air Force Al Musannah AB AirLift Ramp and Fuel Facilities .............. 69,000 

Poland 

Def-Wide Various Locations Recission Pl 110–417 European Interceptor Site.–42,600 

Puerto Rico 

USAR Caguas Army Reserve Center/land ......................... 12,400 12,400 

Qatar 

Air Force Al Udeid, Qatar Blatchford-preston Complex Ph Ii ............. 60,000 60,000 

Spain 

Navy Rota Reception Airfield Facilities 26,278 26,278 

Turkey 

Air Force Incirlik Ab Construct Consolidated Community Ctr ... 9,200 9,200 

United Kingdom 

Def-Wide Menwith Hill Station MHS PSC Construction .............................. 37,588 37,588 

Def-Wide Raf Mildenhall Connect Fuel Tank Distribution Pipe Ln 4,700 4,700 

Def-Wide Royal Air Force 

Alconbury 

Medical/dental Clinic replacement ............ 14,227 14,227 

Def-Wide Royal Air Force 

Lakenheath 

Liberty IS—Gymnasium ............................ 4,509 4,509 

Virgin Islands 

ARNG St. Croix Regional Training Institute Ph1 ................ 20,000 20,000 

Zc 

Air Force Classified Location Classified Planning & Design .................... 3,000 3,000 

Zu 

NSIP NATO Security Invest Prgm NATO Security Investment Program ........ 276,314 197,414 

AF Reserve Unspecified Worldwide Planning and Design .................................. 1,976 3,869 

AF Reserve Unspecified Worldwide Minor Construction ..................................... 800 800 

Air Force Unspecified Worldwide Unspecified minor construction ................. 18,000 20,000 

Air Force Unspecified Worldwide Planning & design ...................................... 79,363 100,562 

AirlGuard Unspecified Worldwide Minor Construction ..................................... 9,000 17,005 

AirlGuard Unspecified Worldwide Planning & design ...................................... 10,061 13,021 

Army Unspecified Worldwide Minor Construction FY 10 ......................... 23,000 25,000 

Army Unspecified Worldwide Planning & design FY 10 ........................... 153,029 175,519 

Army Unspecified Worldwide Host Nation Support FY 10 ....................... 25,000 25,000 

ARNG Unspecified Worldwide Unspecified Minor construction ................. 10,300 29,682 

ARNG Unspecified Worldwide Planning and Design .................................. 23,981 47,429 

Def-Wide Unspecified Worldwide .......................................................................


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2821 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

Def-Wide Unspecified Worldwide Unspecified Minor construction ................. 6,800 6,800 

Def-Wide Unspecified Worldwide Planning and Design .................................. 8,855 8,855 

Def-Wide Unspecified Worldwide Unspecified Minor construction ................. 4,100 4,100 

Def-Wide Unspecified Worldwide Minor Construction ..................................... 3,717 3,717 

Def-Wide Unspecified Worldwide Planning and Design .................................. 2,000 2,000 

Def-Wide Unspecified Worldwide Planning and Design .................................. 10,534 10,534 

Def-Wide Unspecified Worldwide Unspecified Minor construction ................. 6,022 6,022 

Def-Wide Unspecified Worldwide Planning and Design .................................. 4,425 4,425 

Def-Wide Unspecified Worldwide JEP Exercise Related construction ........... 7,861 7,861 

Def-Wide Unspecified Worldwide Minor Construction ..................................... 4,525 4,525 

Def-Wide Unspecified Worldwide Planning and Design .................................. 72,974 72,974 

Def-Wide Unspecified Worldwide Energy Conservation Improvement Program.90,000 123,013 

Def-Wide Unspecified Worldwide Contingency construction ........................... 10,000 10,000 

Def-Wide Unspecified Worldwide Unspecified Minor construction ................. 3,000 

Def-Wide Unspecified Worldwide Planning and Design .................................. 35,579 19,079 

Def-Wide Unspecified Worldwide Planning and Design .................................. 3,575 3,575 

FH Con AF Unspecified Worldwide Construction improvements ....................... 61,737 61,737 

FH Con AF Unspecified Worldwide Classified Project ........................................ 50 50 

FH Con AF Unspecified Worldwide Planning and Design .................................. 4,314 4,314 

FH Con Army Unspecified Worldwide Construction improvements (2428 Units) 219,300 219,300 

FH Con Army Unspecified Worldwide Family Housing P&D ................................. 3,936 3,936 

FH Con Navy Unspecified Worldwide Improvements ............................................. 118,692 118,692 

FH Con Navy Unspecified Worldwide Design .......................................................... 2,771 2,771 

FH Ops AF Unspecified Worldwide Utilities Account ......................................... 81,686 81,686 

FH Ops AF Unspecified Worldwide Management Account ................................. 1,557 1,557 

FH Ops AF Unspecified Worldwide Management Account ................................. 51,334 51,334 

FH Ops AF Unspecified Worldwide Services Account ......................................... 20,183 20,183 

FH Ops AF Unspecified Worldwide Furnishings Account ................................... 39,182 39,182 

FH Ops AF Unspecified Worldwide Miscellaneous Account ............................... 1,543 1,543 

FH Ops AF Unspecified Worldwide Leasing Account .......................................... 548 548 

FH Ops AF Unspecified Worldwide Leasing ........................................................ 102,858 102,858 

FH Ops AF Unspecified Worldwide Maintenance Account ................................. 1,911 1,911 

FH Ops AF Unspecified Worldwide Maintenance (RPMA & RPMC) ................. 148,318 148,318 


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123 STAT. 2822 PUBLIC LAW 111–84—OCT. 28, 2009 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

FH Ops AF Unspecified Worldwide Housing Privatization ................................. 53,816 53,816 

FH Ops Army Unspecified Worldwide Utilities Account ......................................... 81,650 81,650 

FH Ops Army Unspecified Worldwide Operations ................................................... 87,263 87,263 

FH Ops Army Unspecified Worldwide Miscellaneous Account ............................... 1,177 1,177 

FH Ops Army Unspecified Worldwide Leasing ........................................................ 205,685 205,685 

FH Ops Army Unspecified Worldwide Maintenance of Real Property ................... 115,854 115,854 

FH Ops Army Unspecified Worldwide Privatization Support Costs ....................... 31,789 31,789 

FH Ops DW Unspecified Worldwide Furnishings Account ................................... 4,426 4,426 

FH Ops DW Unspecified Worldwide Leasing ........................................................ 33,579 33,579 

FH Ops DW Unspecified Worldwide Utilities Account ......................................... 274 274 

FH Ops DW Unspecified Worldwide Furnishings Account ................................... 19 19 

FH Ops DW Unspecified Worldwide Services Account ......................................... 29 29 

FH Ops DW Unspecified Worldwide Management Account ................................. 309 309 

FH Ops DW Unspecified Worldwide Maintenance 0f Real Property ................... 366 366 

FH Ops DW Unspecified Worldwide Recission (Public Law 110–5) ....................

FH Ops DW Unspecified Worldwide Operations ................................................... 35 35 

FH Ops DW Unspecified Worldwide Leasing ........................................................ 10,108 10,108 

FH Ops DW Unspecified Worldwide Maintenance of Real Property ................... 69 69 

FH Ops Navy Unspecified Worldwide Utilities Account ......................................... 53,956 53,956 

FH Ops Navy Unspecified Worldwide Furnishings Account ................................... 14,624 14,624 

FH Ops Navy Unspecified Worldwide Management Account ................................. 60,278 60,278 

FH Ops Navy Unspecified Worldwide Miscellaneous Account ............................... 457 457 

FH Ops Navy Unspecified Worldwide Services Account ......................................... 16,462 16,462 

FH Ops Navy Unspecified Worldwide Leasing ........................................................ 101,432 101,432 

FH Ops Navy Unspecified Worldwide Maintenance of Real Property ................... 94,184 94,184 

FH Ops Navy Unspecified Worldwide Privatization Support Costs ....................... 27,147 27,147 

FHIF Unspecified Worldwide Family Housing improvement Fund ......... 2,600 2,600 

HOAP Unspecified Worldwide Homeowners Assistance program .............. 23,225 300,000 

Milcon, Naval 

Res 

Unspecified Worldwide Planning and Design .................................. 2,371 2,951 

Navy Unspecified Worldwide Unspecified minor construction ................. 12,483 12,483 

Navy Unspecified Worldwide Planning and Design .................................. 166,896 179,652 

USAR Unspecified Worldwide Unspecified minor construction ................. 3,600 3,600 

USAR Unspecified Worldwide Planning and Design .................................. 22,262 22,716 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2823 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/Country and 

Installation Project Title Budget Request 

Conference 

Agreement 

AF Reserve Unspecified Worldwide Programmatic Plus Up ............................... 55,000 

AirlGuard Unspecified Worldwide Programmatic Plus Up ............................... 30,000 

ARNG Unspecified Worldwide Programmatic Plus Up ............................... 30,000 

Milcon, Naval 

Res 

Unspecified Worldwide Programmatic Plus Up ............................... 55,000 

USAR Unspecified Worldwide Programmatic Plus Up ............................... 30,000 

Total FY2010 Authorizations ................ 22,946,036 23,879,856 

Prior Year Savings ...................................... –175,800 

General Reduction ...................................... –529,091 

Grand Total ............................................... 22,946,036 23,174,965 

SEC. 4502. 2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 

PROJECT LISTING. 

2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 

(In Thousands of Dollars) 

Account State and Location Project Title 

Project 

Authorization 

Conference 

Authorization 

AL 

Army Anniston (Pelham 

Range) 

Armed Forces Reserve Center ........................... 8,000 8,000 

Army Birmingham Armed Forces Reserve Center ........................... 10,000 10,000 

Army Mobile Armed Forces Reserve Center ........................... 20,430 20,430 

Defense 

Wide 

Redstone Arsenal Von Braun Complex ........................................... 0 27,800 

Army Tuscaloosa Armed Forces Reserve Center ........................... 18,000 18,000 

AR 

Army Camden Armed Forces Reserve Center ........................... 9,800 9,800 

Army El Dorado Armed Forces Reserve Center ........................... 14,000 14,000 

Army Hot Springs Armed Forces Reserve Center ........................... 14,600 14,600 

Army Pine Bluff Armed Forces Reserve Center ........................... 15,500 15,500 

AZ 

Army Marana Armed Forces Reserve Center ........................... 31,000 31,000 

CA 

Navy Barstow Industrial Machine Shop Facility ..................... 14,131 14,130 

Navy China Lake Shipboard Shock Test Facility .......................... 3,160 3,160 

Navy China Lake Weapons Dynamics RDT&E Center ................. 5,970 5,970 

CT 

Army Middletown Armed Forces Reserve Center, Incr 2 .............. 37,000 37,000 

DC 

Navy Washington Navy Systems Management Activity Relocation (INCR II of II).71,929 71,929 

Navy Washington Renovate 3rd Floor Building 176, Washington 

Navy Yard.

750 750 

FL 

Army Eglin AFB Special Forces Complex, Incr 2 ......................... 8,000 8,000 

Air Force Eglin AFB BRAC F–35 Live Ordnance Load Area (LOLA) 6,624 6,624 

Air Force Eglin AFB CE Facility .......................................................... 2,000 2,000 

Air Force Eglin AFB F–35 (JSF) Duke Field Control Tower ............. 2,280 2,280 

Air Force Eglin AFB Fitness Facility ................................................... 2,750 2,750 

Air Force Eglin AFB STOVL Simulated Carrier Practice Landing 

Deck.

27,690 27,690 

Air Force Eglin AFB School Age Facility ............................................. 2,600 2,600 

Air Force Eglin AFB Security Forces Facility ..................................... 890 890 

Air Force Eglin AFB Taxiway Extension ............................................. 13,000 13,000 

Air Force Eglin AFB Traffic Management Cargo Processing Facility 900 900 

GA 

Army Benning AAFES Troop Store ............................................ 1,950 1,950 


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123 STAT. 2824 PUBLIC LAW 111–84—OCT. 28, 2009 

2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 

(In Thousands of Dollars) 

Account State and Location Project Title 

Project 

Authorization 

Conference 

Authorization 

Army Benning Armed Forces Reserve Center ........................... 18,000 18,000 

Army Benning Equipment Concentration Site .......................... 43,000 43,000 

Army Benning General Instruction Complex 2, Incr 2 ............. 58,000 58,000 

Army Benning Maneuver Ctr HQ & CDI Bldg Expansion ...... 42,000 42,000 

Army Benning Medical Facility, Incr 2 ...................................... 77,000 77,000 

IA 

Army Cedar Rapids Armed Forces Reserve Center ........................... 42,000 42,000 

Army Iowa AAP Armed Forces Reserve Center ........................... 27,000 27,000 

Army Muscatine Armed Forces Reserve Center ........................... 8,800 8,800 

IL 

Army Rock Island Army Headquarters Building Renovation ........ 20,000 20,000 

KY 

Army Campbell Armed Forces Reserve Center ........................... 5,900 5,900 

Army Campbell Headquarters Building, Group .......................... 14,800 14,800 

Army Knox Armed Forces Reserve Center ........................... 2,300 2,300 

MD 

Army Aberdeen PG C4ISR, Phase 2, Incr 2 ...................................... 156,000 156,000 

Defense 

Wide 

Bethesda 

(WRNMMC) 

Medical Center Addition—Increment 3 ............ 108,850 108,850 

Defense 

Wide 

Bethesda 

(WRNMMC) 

Traffic Mitigation Increment 1 .......................... 18,400 18,400 

Defense 

Wide 

Bethesda 

(WRNMMC) 

Site Utility Infrastructure Upgrade for NICoE 0 6,500 

Army Detrick Joint Bio-Med RDA Management Center ........ 8,300 8,300 

Army Forest Glenn Museum ............................................................... 12,200 12,200 

Defense 

Wide 

Fort Meade Construct DISA Building ................................... 131,662 131,662 

Army Fort Meade Defense Media Activity, Incr 2 .......................... 17,000 17,000 

ME ..............................................................................

Navy Brunswick Marine Corps Reserve Center ........................... 12,960 12,960 

MI ..............................................................................

Army Detroit Arsenal Administrative Office Buildings, Incr 2 ........... 0 21,384 

Army Detroit Arsenal Weapons Systems Support and Training ......... 8,300 8,300 

Army Ft. Custer (Augusta) Armed Forces Reserve Center ........................... 18,500 18,500 

Air Force Selfridge ANGB A10 Arm/Disarm Apron ..................................... 1,350 1,350 

Air Force Selfridge ANGB Repair Munitions Admin Building 891 ............ 3,100 3,100 

Air Force Selfridge ANGB Upgrade Munitions Maintenance Shop ............ 1,650 1,650 

Air Force Selfridge ANGB Upgrade Munitions Missile Maintenance Bays 2,350 2,350 

MO 

Army Kirksville Armed Forces Reserve Center ........................... 6,600 6,600 

MT 

Army Great Falls Armed Forces Reserve Center ........................... 7,600 7,600 

NC 

Army Bragg Band Training Facility ...................................... 4,200 4,200 

Army Bragg Headquarters Bldg, FORSCOM/USARC, Incr 

3.

124,000 124,000 

Army Wilmington Armed Forces Reserve Center ........................... 17,500 17,500 

ND 

Army Fargo Armed Forces Reserve Center ........................... 11,200 11,200 

NE 

Army Columbus Armed Forces Reserve Center ........................... 9,300 9,300 

Army McCook Armed Forces Reserve Center ........................... 7,900 7,900 

NJ 

Army Camden Armed Forces Reserve Center ........................... 21,000 21,000 

NY 

Army West Point US Military Academy Prep School, Incr 2 ....... 0 98,000 

OH 

Army Columbus Armed Forces Reserve Center, Incr 2 .............. 0 30,218 

Navy Akron Armed Forces Reserve Center ........................... 13,840 13,840 

OK 

Army Sill Joint Fires & Effects Simulator Building ........ 28,000 28,000 

Air Force Will Rogers World 

APT AGS 

Relocate Global Air Traffic Operation Program 

Office.

1,200 1,200 

PA 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2825 

2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 

(In Thousands of Dollars) 

Account State and Location Project Title 

Project 

Authorization 

Conference 

Authorization 

Army Allentown Armed Forces Reserve Center ........................... 15,000 15,000 

Army Tobyhanna Electronics Maintenance Shop, Depot Level .... 3,200 3,200 

Air Force Willow Grove ARS, 

NAS Willow 

Grove JRB 

Establish Enclave ............................................... 4,000 4,000 

RI 

Army Bristol Armed Forces Reserve Center ........................... 17,500 17,500 

SC 

Navy Charleston SPAWAR Data Center ....................................... 9,670 9,670 

Navy Goose Creek Consolidated Brig Addition ............................... 9,790 9,790 

Army Shaw AFB Headquarters Building, Third US Army, Incr 

2.

55,000 55,000 

TN 

Army Chattanooga Armed Forces Reserve Center ........................... 8,900 8,900 

TX 

Army Bliss Brigade Combat Team Complex #3, Incr 3 ...... 110,000 110,000 

Army Bliss Combat Aviation Brigade Complex, Incr 3 ...... 94,000 94,000 

Army Bliss Hospital Add/Alt, WBAMC ................................ 24,000 0 

Army Bliss Hospital Replacement ........................................ 89,000 89,000 

Army Bliss Tactical Equipment Maintenance Facility 2 .... 104,000 104,000 

Army Brownsville Armed Forces Reserve Center ........................... 15,000 15,000 

Army Huntsville Armed Forces Reserve Center ........................... 16,000 16,000 

Army Kingsville Armed Forces Reserve Center ........................... 17,500 17,500 

Air Force Lackland AFB Joint Base San Antonio Headquarters Facility 8,500 8,500 

Army Lufkin Armed Forces Reserve Center ........................... 15,500 15,500 

Air Force Randolph AFB Renovate Building 38 ......................................... 2,050 2,050 

Army Red River Armed Forces Reserve Center ........................... 14,200 14,200 

Defense 

Wide 

Fort Sam Houston San Antonio Military Medical Center (North) 

Incr 3.

0 163,750 

Army Sam Houston Add/Alt Building 2270 ....................................... 18,000 18,000 

Army Sam Houston Housing, Enlisted Permanent Party ................. 10,800 10,800 

Army Sam Houston IMCOM Campus Area Infrastructure .............. 11,000 11,000 

Army Sam Houston Headquarters Bldg, IMCOM ............................. 48,000 48,000 

VA 

Army Belvoir Infrastructure Support, Incr 3 .......................... 13,000 13,000 

Army Belvoir Infrastructure Support, Incr 3 .......................... 39,400 39,400 

Army Belvoir NARMC HQ Building ........................................ 17,500 17,500 

Defense 

Wide 

Fort Belvoir NGA Headquarters Facility .............................. 0 168,749 

Defense 

Wide 

Fort Belvoir Hospital Replacement—Increment 4 ................ 140,750 140,750 

Defense 

Wide 

Fort Belvoir Dental Clinic ....................................................... 12,600 12,600 

Defense 

Wide 

Fort Belvoir Office Complex Increment 3 .............................. 360,533 

Army Eustis Bldg 705 Renv (AAA & 902d MI) ..................... 1,600 1,600 

Army Eustis Headquarters Bldg, IMCOM Eastern Region .. 5,700 5,700 

Army Eustis Headquarters Building, TRADOC, Incr 2 ........ 34,300 34,300 

Army Eustis Joint Task Force—Civil Support ....................... 19,000 19,000 

Army Eustis Renovation for ACA and NETCOM .................. 4,800 4,800 

Army Lee AAFES Troop Store ............................................ 1,850 1,850 

Army Lee Administrative Building (DCMA) ..................... 28,000 28,000 

Army Lee Combat Service Support School, Ph 1, Incr 4 .. 0 30,000 

Army Lee Combat Service Support School, Ph 2, Incr 3 .. 137,000 137,000 

Army Lee Combat Service Support School, Ph 3, Incr 2 .. 145,000 145,000 

Army Lee Consolidated Troop Med/Dntl Clinic ................ 20,000 20,000 

Army Lee HQs, Transportation Management Detachment.1,200 1,200 

Army Lee USMC Training Facilities ................................. 25,000 25,000 

Navy Arlington Crystal Park 5 to Arlington Service Center ..... 33,660 33,660 

Navy Chesapeake Joint Regional Correctional Facility (INCR II 

of II).

0 47,560 

Navy Norfolk Building 1558 Renovations for SPAWAR ......... 2,510 2,510 

WV 

Army Elkins Armed Forces Reserve Center ........................... 22,000 22,000 


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123 STAT. 2826 PUBLIC LAW 111–84—OCT. 28, 2009 

2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 

(In Thousands of Dollars) 

Account State and Location Project Title 

Project 

Authorization 

Conference 

Authorization 

Army Fairmont Armed Forces Reserve Center ........................... 21,000 21,000 

Army Spencer-Ripley Armed Forces Reserve Center ........................... 19,540 19,540 

WW 

Army Various Planning and Design .......................................... 26,100 26,100 

Army Various Environmental .................................................... 147,693 147,693 

Navy Various Environmental .................................................... 16,529 16,529 

Air Force Various Environmental .................................................... 19,454 19,454 

Defense 

Wide 

Various Environmental .................................................... 0 0 

Army Various Operation and Maintenance .............................. 1,169,334 1,169,334 

Navy Various Operation and Maintenance .............................. 322,495 322,495 

Air Force Various Operation and Maintenance .............................. 288,459 288,459 

Defense 

Wide 

Various Operation and Maintenance .............................. 836,715 836,715 

Army Various MilPers PCS ....................................................... 0 0 

Navy Various MilPers PCS ....................................................... 6,504 6,504 

Air Force Various MilPers PCS ....................................................... 3,970 3,970 

Defense 

Wide 

Various MilPers PCS ....................................................... 0 0 

Army Various Other ................................................................... 311,138 311,138 

Navy Various Other ................................................................... 20,115 20,115 

Air Force Various Other ................................................................... 23,443 23,443 

Defense 

Wide 

Various Other ................................................................... 412,320 412,320 

Defense 

Wide 

Various Other ...................................................................

Subtotal BRAC 2005 FY 2010, Army ............... 4,057,037 

Subtotal BRAC 2005 FY 2010, Navy ................ 591,572 

Subtotal BRAC 2005 FY 2010, Air Force ......... 418,260 

Subtotal BRAC 2005 FY 2010, Defense Wide 2,388,629 

Total BRAC 2005 FY 2010 All Categories .. 5,934,740 7,455,498 

Army Various Base Realignment and Closure IV, Army ........ 138,723 

Navy Various Base Realignment and Closure IV, Navy ......... 228,000 

Air Force Various Base Realignment and Closure IV, Air Force .. 127,364 

Defense 

Wide 

Various Base Realignment and Closure IV, Defense 

Wide.

2,681 

Total BRAC IV for FY 2010 ........................... 496,768 

SEC. 4503. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY 

OPERATIONS. 

MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 

(In Thousands of Dollars) 

Service Country and Location Project Request Conference 

Authorized 

Afghanistan 

Army Airborne ...................... Dining Facility ...................................................... 2,200 2,200 

Army Airborne ...................... Waste Management Area .................................... 5,600 5,600 

Army Altimur ........................ Dining Facility ...................................................... 2,150 2,150 

Army Altimur ........................ Waste Management Area .................................... 5,600 5,600 

Army Asadabad ..................... Waste Management Area .................................... 5,500 5,500 

Air Force Bagram Air Base ........ Cargo Terminal ..................................................... 13,800 13,800 

Air Force Bagram Air Base ........ Aviation Operations & Maintenance Facilities .. 8,900 8,900 

Air Force Bagram Air Base ........ Expeditionary Fighter Shelter ............................ 6,400 6,400 

Army Bagram Air Base ........ Troop Housing Phase 3 ........................................ 22,000 0 

Army Bagram Air Base ........ Drainage System, Ph 2 ........................................ 21,000 21,000 

Army Bagram Air Base ........ APS Compound ..................................................... 0 38,000 

Army Bagram Air Base ........ Barracks ................................................................ 0 0 

Army Bagram Air Base ........ Perimeter Fence and Guard Towers ................... 0 7,000 

Army Bagram Air Base ........ Command and Control Facility ........................... 0 38,000 

Army Bagram Air Base ........ Access Roads ......................................................... 21,000 21,000 

Army Bagram Air Base ........ Command and Control Facility ........................... 4,500 4,500 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2827 

MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 

(In Thousands of Dollars) 

Service Country and Location Project Request Conference 

Authorized 

Army Bagram Air Base ........ Medlog Warehouse ............................................... 3,350 3,350 

Army Blessing ....................... Waste Management Area .................................... 5,600 5,600 

Army Bostick ......................... Waste Management Area .................................... 5,500 5,500 

Air Force Dwyer .......................... Cargo Handling Area ........................................... 4,900 4,900 

Army Dwyer .......................... Contingency Housing Phase 1 ............................. 8,600 0 

Army Dwyer .......................... Contingency Housing Phase 2 ............................. 6,900 0 

Army Dwyer .......................... Fuel System, Ph 1 ................................................ 5,800 5,800 

Army Dwyer .......................... Waste Management Complex .............................. 6,900 6,900 

Army Dwyer .......................... Dining Facility ...................................................... 6,600 6,600 

Army Frontenac .................... Dining Facility ...................................................... 2,200 2,200 

Army Frontenac .................... Contingency Housing ........................................... 3,800 0 

Army Gardez ......................... Tactical Runway ................................................... 28,000 28,000 

Army Gardez ......................... Dining Facility ...................................................... 2,200 2,200 

Army Gardez ......................... Contingency Housing ........................................... 8,400 0 

Army Gardez ......................... Fuel System, Ph 1 ................................................ 6,000 6,000 

Army Ghazni ......................... Waste Management Complex .............................. 5,500 5,500 

Army Jalalabad ..................... Dining Facility ...................................................... 4,350 4,350 

Army Jalalabad ..................... Ammunition Supply Point ................................... 35,000 35,000 

Army Jalalabad ..................... Contingency Housing ........................................... 6,900 0 

Army Jalalabad ..................... Perimeter Fencing ................................................ 2,050 2,050 

Army Joyce ............................ Dining Facility ...................................................... 2,100 2,100 

Army Joyce ............................ Waste Management Area .................................... 5,600 5,600 

Army Kabul ........................... USFOR–A Headquarters & Housing .................. 98,000 98,000 

Army Kabul ........................... Camp Phoenix West Expansion .......................... 39,000 39,000 

Air Force Kandahar .................... Secure RSOI Facility ............................................ 9,700 9,700 

Air Force Kandahar .................... Tactical Airlift Apron ........................................... 29,000 29,000 

Air Force Kandahar .................... Refueler Apron/Relocate HCP ............................. 66,000 66,000 

Air Force Kandahar .................... CAS Apron Expansion ......................................... 25,000 25,000 

Air Force Kandahar .................... ISR Apron Expansion ........................................... 40,000 40,000 

Air Force Kandahar .................... Aviation Operations & Maintenance Facilities .. 10,500 10,500 

Air Force Kandahar .................... Expeditionary Fighter Shelter ............................ 6,400 6,400 

Air Force Kandahar .................... Cargo Helicopter Apron ....................................... 32,000 32,000 

Air Force Kandahar .................... Relocate North Airfield Road .............................. 16,000 16,000 

Army Kandahar .................... Troup Housing Phase 2 ........................................ 4,250 0 

Army Kandahar .................... Command and Control Facility ........................... 4,500 4,500 

Army Kandahar .................... Tanker Truck Offload Facility ............................. 23,000 23,000 

Army Kandahar .................... Command and Control Facility ........................... 4,500 4,500 

Army Kandahar .................... Command and Control Facility ........................... 4,500 4,500 

Army Kandahar .................... Southpark Roads .................................................. 11,000 11,000 

Army Kandahar .................... Waste Management Complex .............................. 10,000 10,000 

Army Kandahar .................... Warehouse ............................................................. 20,000 20,000 

Army Kandahar .................... Theater Vehicle Maintenance Facility ................ 55,000 55,000 

Army Maywand ..................... Dining Facility ...................................................... 2,200 2,200 

Army Maywand ..................... Waste Management Area .................................... 5,600 5,600 

Army Methar-lam ................. Waste Management Area .................................... 4,150 4,150 

Army Salerno ........................ Waste Management Complex .............................. 5,500 5,500 

Army Salerno ........................ Electrical Distribution Grid ................................. 2,600 2,600 

Army Salerno ........................ Fuel System, Ph 1 ................................................ 12,800 12,800 

Army Salerno ........................ Dining Facility ...................................................... 4,300 4,300 

Army Salerno ........................ Runway Upgrade .................................................. 25,000 25,000 

Air Force Shank .......................... Cargo Handling Area ........................................... 4,900 4,900 

Army Shank .......................... Dining Facility ...................................................... 4,350 4,350 

Army Shank .......................... Electrical Distribution Grid ................................. 4,600 4,600 

Army Shank .......................... Waste Management Complex .............................. 8,100 8,100 

Army Shank .......................... Water Distribution System .................................. 2,650 2,650 

Army Shank .......................... Troup Housing Phase 2 ........................................ 8,600 0 

Army Sharana ....................... Rotary Wing Parking ........................................... 32,000 32,000 

Army Sharana ....................... Ammunition Supply Point ................................... 14,000 14,000 

Army Sharana ....................... Aircraft Maintenance Facilities ........................... 12,200 12,200 

Army Sharana ....................... Electrical Distribution Grid ................................. 2,600 2,600 

Air Force Tarin Kowt .................. Cargo Handling Area ........................................... 4,900 4,900 

Army Tarin Kowt .................. Fuel System Phase 2 ............................................ 11,800 11,800 

Army Tarin Kowt .................. Waste Management Area .................................... 6,800 6,800 

Army Tarin Kowt .................. Ammunition Supply Point ................................... 35,000 35,000 

Army Tarin Kowt .................. Dining Facility ...................................................... 2,200 2,200 

Air Force Tombstone/Bastion ..... Strategic Airlift Apron Expansion ...................... 32,000 32,000 

Air Force Tombstone/Bastion ..... CAS Apron Expansion ......................................... 40,000 40,000 


ebenthall on DSK9Q6SHH1 with PUBLAW
123 STAT. 2828 PUBLIC LAW 111–84—OCT. 28, 2009 

MILITARY CONSTRUCTION FOR OVERSEAS CONTIGENCY OPERATIONS 

(In Thousands of Dollars) 

Service Country and Location Project Request Conference 

Authorized 

Air Force Tombstone/Bastion ..... ISR Apron ............................................................. 41,000 41,000 

Air Force Tombstone/Bastion ..... Secure RSOI Facility ............................................ 10,000 10,000 

Air Force Tombstone/Bastion ..... Cargo Handling Area ........................................... 18,000 18,000 

Air Force Tombstone/Bastion ..... Aviation Operations & Maintenance Facs ......... 8,900 8,900 

Air Force Tombstone/Bastion ..... Expeditionary Fighter Shelter ............................ 6,300 6,300 

Army Tombstone/Bastion ..... Basic Load Ammunition Holding Area ............... 7,500 7,500 

Army Tombstone/Bastion ..... Dining Facility ...................................................... 8,900 8,900 

Army Tombstone/Bastion ..... Entry Control Point and Access Roads ............... 14,200 14,200 

Army Tombstone/Bastion ..... Fuel System, Ph 2 ................................................ 14,200 14,200 

Army Tombstone/Bastion ..... Roads ..................................................................... 4,300 4,300 

Army Tombstone/Bastion ..... Troop Housing Phase 3 ........................................ 3,250 0 

Army Tombstone/Bastion ..... Troop Housing Phase 4 ........................................ 3,800 0 

Army Tombstone/Bastion ..... Level 3 Medical Facility ....................................... 16,500 16,500 

Army Tombstone/Bastion ..... Water Supply and Distribution System ............. 6,200 6,200 

Air Force Wolverine .................... Cargo Handling Area ........................................... 4,900 4,900 

Army Wolverine .................... Dining Facility ...................................................... 4,350 4,350 

Army Wolverine .................... Fuel System, Ph 1 ................................................ 5,800 5,800 

Army Wolverine .................... Waste Management Complex .............................. 6,900 6,900 

Belgium 

Army Mons ............................ NATO SOF Operational Support ........................

ZU 

Air Force Unspecified Worldwide.Planning and Design ............................................ 35,000 29,000 

Army Unspecified Worldwide.Minor Construction .............................................. 20,000 20,100 

Army Unspecified Worldwide.Planning and Design ............................................ 76,284 76,284 

NSA Unspecified Worldwide.Classified Project .................................................. 6,000 0 

NSA Unspecified Worldwide.Planning and Design ............................................ 600 0 

Grand Total Military Construction .............. 1,404,984 1,398,984 

TITLE XLVI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 

Request 

Conference 

Authorized 

Electricity Delivery & Energy Reliability 

Electricity Delivery & Energy Reliability 

Infrastructure security & energy restoration ........................... 6,188 6,188 

Weapons Activities 

Directed stockpile work 

Life extension programs 

W76 Life extension program ............................................... 209,196 209,196 

Total, Life extension programs ............................................ 209,196 209,196 

Stockpile systems 

B61 Stockpile systems ......................................................... 124,456 124,456 

W76 Stockpile systems ........................................................ 65,497 65,497 

W78 Stockpile systems ........................................................ 50,741 50,741 

W80 Stockpile systems ........................................................ 19,064 19,064 

B83 Stockpile systems ......................................................... 35,682 35,682 

W87 Stockpile systems ........................................................ 51,817 51,817 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2829 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 

Request 

Conference 

Authorized 

W88 Stockpile systems ........................................................ 43,043 43,043 

Total, Stockpile systems ........................................................ 390,300 390,300 

Weapons dismantlement and disposition 

Operation and maintenance ................................................ 84,100 94,100 

Total, Weapons dismantlement and disposition .............. 84,100 94,100 

Stockpile services 

Production support ............................................................... 301,484 301,484 

Research and development support .................................... 37,071 37,071 

R&D certification and safety ............................................... 143,076 153,076 

Dynamic plutonium experiment—NTS ....................... [10,000] 

Management, technology, and production ......................... 200,223 200,223 

Plutonium infrastructure sustainment .............................. 149,201 149,201 

Total, Stockpile services ........................................................ 831,055 841,055 

Total, Directed stockpile work .................................................... 1,514,651 1,534,651 

Campaigns: 

Science campaign 

Advanced certification ......................................................... 19,400 19,400 

Primary assessment technologies ....................................... 80,181 80,181 

Dynamic materials properties ............................................. 86,617 86,617 

Academic alliances ............................................................... 30,251 30,251 

Advanced radiography ......................................................... 22,328 22,328 

Secondary assessment technologies .................................... 77,913 77,913 

Total, Science campaign ........................................................ 316,690 316,690 

Engineering campaign 

Enhanced surety .................................................................. 42,000 47,000 

Program increase .......................................................... [5,000] 

Weapon systems engineering assessment technology ....... 18,000 18,000 

Nuclear survivability ........................................................... 21,000 21,000 

Enhanced surveillance ......................................................... 69,000 69,000 

Total, Engineering campaign ............................................... 150,000 155,000 

Inertial confinement fusion ignition and high yield 

campaign 

Ignition ................................................................................. 106,734 106,734 

NIF diagnostics, cryogenics and experimental support .... 72,252 73,252 

National Ignition Campaign program increase .......... [1,000] 

Pulsed power inertial confinement fusion .......................... 5,000 5,000 

Joint program in high energy density laboratory plasmas 4,000 4,000 

Facility operations and target production .......................... 248,929 266,629 

Omega operations ........................................................ [6,500] 

National Ignition Campaign program increase .......... [11,200] 

Total, Inertial confinement fusion and high yield campaign ........................................................................................ 436,915 455,615 

Advanced simulation and computing campaign 

Operation and maintenance ................................................ 556,125 556,125 

Total, Advanced simulation and computing campaign 556,125 556,125 

Readiness Campaign 

Stockpile readiness .............................................................. 5,746 5,746 

High explosives and weapon operations ............................ 4,608 4,608 

Nonnuclear readiness .......................................................... 12,701 12,701 

Tritium readiness ................................................................. 68,246 68,246 

Advanced design and production technologies .................. 8,699 8,699 

Total, Readiness campaign ................................................... 100,000 100,000 


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123 STAT. 2830 PUBLIC LAW 111–84—OCT. 28, 2009 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 

Request 

Conference 

Authorized 

Total, Campaigns ............................................................................ 1,559,730 1,583,430 

Readiness in technical base and facilities (RTBF) 

Operation of facilities .................................................................. 1,342,303 1,360,303 

Pantex Plant program increase ................................... [8,000] 

Y–12 National Security Complex program increase .. [10,000] 

Total, Operation of facilities ................................................. 1,342,303 1,360,303 

Program readiness ...................................................................... 73,021 73,021 

Material recycle and recovery .................................................... 69,542 69,542 

Containers .................................................................................... 23,392 23,392 

Storage ......................................................................................... 24,708 24,708 

Subtotal, Readiness in technical base and facilities 

(RTBF) ............................................................................................ 1,532,966 1,550,966 

Construction: 

10–D–501 Nuclear facilities risk reduction Y–12 National Security Complex, Oakridge, TN ......................... 12,500 12,500 

99–D–141 Pit disassembly and conversion facility, Savannah River Site, Aiken, SC ......................................... 30,321 30,321 

09–D–007, LANSCE—Refurbishment, Los Alamos National Laboratory, NM ..................................................... 0 24,000 

Program increase in support of RTBF ........................ [24,000] 

09–D–404 Test capabilities revitalization II, Sandia National Laboratories, Albuquerque, NM ........................... 0 5,000 

Program increase in support of RTBF ........................ [5,000] 

08–D–801 High pressure fire loop (HPFL), Pantex, TX ... 31,910 31,910 

08–D–804 TA–55 Reinvestment project, Los Alamos National Laboratory .............................................................. 0 

08–D–802 High Explosive Pressing Facility, Pantex 

Plant, Amarillo, TX .......................................................... 0 

06–D–140 Project engineering design (PED), various locations ............................................................................... 70,678 70,678 

06–D–402 NTS replace fire stations 1 & 2 Nevada Test 

Site, NV ............................................................................. 1,473 1,473 

04–D–125 Chemistry and metallurgy facility replacement project, Los Alamos National Laboratory, Los Alamos, NM .......................................................................... 55,000 55,000 

04–D–128 TA–18 Criticality experiments facility (CEF), 

Los Alamos National Laboratory, Nevada Test Site, 

NV ...................................................................................... 1,500 1,500 

Total, Construction ................................................................. 203,382 232,382 

Total, Readiness in technical base and facilities ................... 1,736,348 1,783,348 

Secure transportation asset 

Operation and equipment ........................................................... 138,772 138,772 

Program direction ....................................................................... 96,143 96,143 

Total, Secure transportation asset ............................................. 234,915 234,915 

Nuclear counterterrorism incident response .......................... 221,936 221,936 

Facilities and infrastructure recapitalization program 

Operation and maintenance ....................................................... 144,959 144,959 

Construction 

07–D–253 TA 1 heating systems modernization (HSM) 

Sandia National Laboratory ............................................ 9,963 9,963 

Total, Construction ................................................................. 9,963 9,963 

Total, Facilities and infrastructure recapitalization program ................................................................................................ 154,922 154,922 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2831 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 

Request 

Conference 

Authorized 

Site stewardship 

Environmental projects and operations .................................... 41,288 41,288 

Nuclear materials integration .................................................... 20,000 20,000 

Stewardship planning ................................................................. 29,086 29,086 

Total, Site stewardship .................................................................. 90,374 90,374 

Safeguards and security 

Defense nuclear security 

Operation and maintenance ................................................ 700,044 700,044 

Construction: 

10–D–701 Security improvements project Y–12 National Security Complex, Oak Ridge, TN ................ 49,000 49,000 

Total, Construction .......................................................... 49,000 49,000 

Total, Defense nuclear security ........................................... 749,044 749,044 

Cyber security ............................................................................. 122,511 122,511 

Total, Safeguards and security ................................................... 871,555 871,555 

Use of prior year balances ............................................................ –42,000 

Total, Weapons Activities ..................................................................... 6,384,431 6,433,131 

Defense Nuclear Nonproliferation 

Nonproliferation and verification research and development 

Operation and maintenance ...................................................... 297,300 337,300 

Nonproliferation and international security ........................... 207,202 187,202 

International nuclear materials protection and cooperation .................................................................................................. 552,300 592,050 

MPC&A ....................................................................................... [39,750] 

Elimination of weapons-grade plutonium production program ................................................................................................ 24,507 24,507 

Fissile materials disposition 

U.S. surplus fissile materials disposition 

Operation and maintenance 

U.S. plutonium disposition ........................................... 90,896 90,896 

U.S. uranium disposition ............................................. 34,691 34,691 

Supporting activities .................................................... 1,075 1,075 

Total, Operation and maintenance .............................. 126,662 126,662 

Construction: 

99–D–143 Mixed oxide fuel fabrication facility, Savannah River Site, SC .............................................. 504,238 504,238 

99–D–141–02 Waste solidification building, Savannah River, SC ............................................................ 70,000 70,000 

Total, Construction .......................................................... 574,238 574,238 

Total, U.S. surplus fissile materials disposition .............. 700,900 700,900 

Russian surplus materials disposition ...................................... 1,000 1,000 

Total, Fissile materials disposition ............................................ 701,900 701,900 

Global threat reduction initiative .............................................. 353,500 333,500 

Subtotal, Defense Nuclear Nonproliferation .................................. 2,136,709 2,176,459 

Total, Defense Nuclear Nonproliferation ........................................ 2,136,709 2,176,459 


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123 STAT. 2832 PUBLIC LAW 111–84—OCT. 28, 2009 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 

Request 

Conference 

Authorized 

Naval Reactors 

Naval reactors development 

Operation and maintenance 

Operation and maintenance ................................................ 935,533 935,533 

Total, Operation and maintenance ..................................... 935,533 935,533 

Construction: 

10–D–903, KAPL Security upgrades, Schnectady, NY ..... 1,500 1,500 

10–D–904, NRF infrastructure upgrades, ID .................... 700 700 

09–D–190, PED, Infrastructure upgrades, KAPL, 

Schnectady, NY ................................................................ 1,000 1,000 

09–D–902, NRF Production Support Complex, ID ............ 6,400 6,400 

08–D–190 NRF Project engineering and design Expended Core Facility M–290 receiving/discharge station, ID .............................................................................. 9,500 9,500 

07–D–190 Materials research and technology complex, 

BAPL, Pittsburgh, PA ...................................................... 11,700 11,700 

Total, Construction ................................................................. 30,800 30,800 

Total, Naval reactors development ............................................ 966,333 966,333 

Program direction ............................................................................... 36,800 36,800 

Total, Naval Reactors ............................................................................ 1,003,133 1,003,133 

Office Of The Administrator 

Office of the administrator ................................................................ 431,074 431,074 

Use of prior year balances ................................................................. –10,320 –10,320 

Total, Office Of The Administrator ................................................... 420,754 420,754 

Total, National Nuclear Security Administration ......................... 9,945,027 10,033,477 

Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ...................................................... 8,225 8,225 

Miamisburg .................................................................................. 33,243 33,243 

Total, Closure sites ......................................................................... 41,468 41,468 

Hanford site: 

2012 accelerated completions 

Nuclear facility D&D river corridor closure project .......... 327,955 327,955 

Nuclear material stabilization and disposition PFP ......... 118,087 118,087 

SNF stabilization and disposition ....................................... 55,325 55,325 

Total, 2012 accelerated completions ................................... 501,367 501,367 

2035 accelerated completions 

Nuclear facility D&D—remainder of Hanford ................... 70,250 70,250 

Richland community and regulatory support .................... 21,940 21,940 

Soil and water remediation—groundwater vadose zone ... 176,766 176,766 

Solid waste stabilization and disposition 200 area ........... 132,757 132,757 

Total, 2035 accelerated completions ................................... 401,713 401,713 

Total, Hanford site .......................................................................... 903,080 903,080 

Idaho National Laboratory: 

SNF stabilization and disposition—2012 .................................. 14,768 14,768 

Solid waste stabilization and disposition .................................. 137,000 137,000 

Radioactive liquid tank waste stabilization and disposition ... 95,800 95,800 

Construction 

06–D–401 Sodium bearing waste treatment project, 

Idaho .................................................................................. 83,700 83,700 

Soil and water remediation—2012 ............................................ 71,000 71,000 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2833 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 

Request 

Conference 

Authorized 

Idaho community and regulatory support ................................. 3,900 3,900 

Total, Idaho National Laboratory ............................................... 406,168 406,168 

NNSA sites 

Lawrence Livermore National Laboratory ................................ 910 910 

NNSA Service Center/SPRU ...................................................... 17,938 17,938 

Nevada ......................................................................................... 65,674 65,674 

California site support ................................................................ 238 238 

Sandia National Laboratories .................................................... 2,864 2,864 

Los Alamos National Laboratory ............................................... 189,000 189,000 

Total, NNSA sites and Nevada off-sites ..................................... 276,624 276,624 

Oak Ridge Reservation: 

Building 3019 .............................................................................. 38,900 38,900 

Nuclear facility D & D ORNL .................................................... 38,900 38,900 

Nuclear facility D & D Y–12 ...................................................... 34,000 34,000 

Nuclear facility D & D, E. Tennessee technology park ............ 100 100 

OR reservation community and regulatory support ................. 6,253 6,253 

Solid waste stabilization and disposition—2012 ...................... 35,615 35,615 

Total, Oak Ridge Reservation ...................................................... 153,768 153,768 

Office of River Protection: 

Waste treatment and immobilization plant 

Construction: 

01–D–416 Waste treatment and immobilization 

plant 

01–D–16A Low activity waste facility ......................... 100,000 100,000 

01–D–16B Analytical laboratory ................................. 55,000 55,000 

01–D–16C Balance of facilities .................................... 50,000 50,000 

01–D–16D High level waste facility ............................ 160,000 160,000 

01–D–16E Pretreatment facility .................................. 325,000 325,000 

Total, Waste treatment and immobilization plant .......... 690,000 690,000 

Tank farm activities 

Rad liquid tank waste stabilization and disposition ......... 408,000 408,000 

Total, Office of River protection ................................................. 1,098,000 1,098,000 

Savannah River sites: 

Nuclear material stabilization and disposition 

Nuclear material stabilization and disposition ................. 385,310 385,310 

Construction: 

08–D–414 Project engineering and design Plutonium 

Vitrification Facility, VL ........................................... 6,315 6,315 

Total, Nuclear material stabilization and disposition ... 391,625 391,625 

2035 accelerated completions 

SR community and regulatory support .............................. 18,300 18,300 

Spent nuclear fuel stabilization and disposition ............... 38,768 38,768 

Total, 2035 accelerated completions ................................... 57,068 57,068 

Tank farm activities 

Radioactive liquid tank waste stabilization and disposition ..................................................................................... 527,138 527,138 

Construction: 

05–D–405 Salt waste processing facility, Savannah 

River ........................................................................... 234,118 234,118 

Total, Tank farm activities .................................................... 761,256 761,256 

Total, Savannah River site ........................................................... 1,209,949 1,209,949 


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123 STAT. 2834 PUBLIC LAW 111–84—OCT. 28, 2009 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 

Request 

Conference 

Authorized 

Waste Isolation Pilot Plant 

Waste isolation pilot plant ......................................................... 144,902 144,902 

Central characterization project ................................................ 13,730 13,730 

Transportation ............................................................................. 33,851 33,851 

Community and regulatory support .......................................... 27,854 27,854 

Total, Waste Isolation Pilot Plant ............................................... 220,337 220,337 

Program direction ............................................................................... 355,000 355,000 

Program support ................................................................................. 34,000 34,000 

Safeguards and Security: 

Waste Isolation Pilot Project ...................................................... 4,644 4,644 

Oak Ridge Reservation ............................................................... 32,400 32,400 

West Valley .................................................................................. 1,859 1,859 

Paducah ....................................................................................... 8,190 8,190 

Portsmouth .................................................................................. 17,509 17,509 

Richland/Hanford Site ................................................................ 82,771 82,771 

Savannah River Site ................................................................... 132,064 132,064 

Total, Safeguards and Security ................................................... 279,437 279,437 

Technology development .................................................................... 55,000 55,000 

Uranium enrichment D&D fund contribution ................................. 463,000 463,000 

Subtotal, Defense environmental cleanup ....................................... 5,495,831 5,495,831 

UNDISTRIBUTED 

Realignment to support NNSA Weapons Activities ........................ 0 

Transfer to Title II ............................................................................. 0 

Total, Defense Environmental Cleanup ........................................... 5,495,831 5,495,831 

Other Defense Activities 

Health, safety and security 

Health, safety and security ........................................................ 337,757 337,757 

Program direction ....................................................................... 112,125 112,125 

Total, Health, safety and security .............................................. 449,882 449,882 

Office of Legacy Management 

Legacy management ................................................................... 177,618 177,618 

Program direction ....................................................................... 12,184 12,184 

Total, Office of Legacy Management ......................................... 189,802 189,802 

Nuclear energy 

Infrastructure 

Idaho facilities management 

INL infrastructure O&M .............................................. 83,358 83,358 

Total, Infrastructure ............................................................... 83,358 83,358 

Total, Nuclear energy .................................................................... 83,358 83,358 

Defense related administrative support ........................................... 122,982 122,982 

Office of hearings and appeals .......................................................... 6,444 6,444 

Total, Other Defense Activities .......................................................... 852,468 852,468 

Defense Nuclear Waste Disposal 

Defense nuclear waste disposal ......................................................... 98,400 98,400 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2835 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 

Request 

Conference 

Authorized 

Total, Environmental & other defense activities ........................... 6,446,699 6,446,699 

Total, Atomic Energy Defense Activities ......................................... 16,391,726 16,480,176 

Total, Department of Energy .............................................................. 16,397,914 16,486,364 

DIVISION E—MATTHEW SHEPARD AND 

JAMES BYRD, JR. HATE CRIMES PREVENTION ACT 

Sec. 4701. Short title. 

Sec. 4702. Findings. 

Sec. 4703. Definitions. 

Sec. 4704. Support for criminal investigations and prosecutions by State, local, and 

tribal law enforcement officials. 

Sec. 4705. Grant program. 

Sec. 4706. Authorization for additional personnel to assist State, local, and tribal 

law enforcement. 

Sec. 4707. Prohibition of certain hate crime acts. 

Sec. 4708. Statistics. 

Sec. 4709. Severability. 

Sec. 4710. Rule of construction. 

Sec. 4711. Guidelines for hate-crimes offenses. 

Sec. 4712. Attacks on United States servicemen. 

Sec. 4713. Report on mandatory minimum sentencing provisions. 

SEC. 4701. SHORT TITLE. 

This division may be cited as the ‘‘Matthew Shepard and James 

Byrd, Jr. Hate Crimes Prevention Act’’. 

SEC. 4702. FINDINGS. 

Congress makes the following findings: 

(1) The incidence of violence motivated by the actual or 

perceived race, color, religion, national origin, gender, sexual 

orientation, gender identity, or disability of the victim poses 

a serious national problem. 

(2) Such violence disrupts the tranquility and safety of 

communities and is deeply divisive. 

(3) State and local authorities are now and will continue 

to be responsible for prosecuting the overwhelming majority 

of violent crimes in the United States, including violent crimes 

motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. 

(4) Existing Federal law is inadequate to address this 

problem. 

(5) A prominent characteristic of a violent crime motivated 

by bias is that it devastates not just the actual victim and 

the family and friends of the victim, but frequently savages 

the community sharing the traits that caused the victim to 

be selected. 

(6) Such violence substantially affects interstate commerce 

in many ways, including the following: 

18 USC 249 note. 

18 USC 1 note. 

Matthew 

Shepard and 

James Byrd, Jr. 

Hate Crimes 

Prevention Act. 


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123 STAT. 2836 PUBLIC LAW 111–84—OCT. 28, 2009 

(A) The movement of members of targeted groups is 

impeded, and members of such groups are forced to move 

across State lines to escape the incidence or risk of such 

violence. 

(B) Members of targeted groups are prevented from 

purchasing goods and services, obtaining or sustaining 

employment, or participating in other commercial activity. 

(C) Perpetrators cross State lines to commit such 

violence. 

(D) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of 

such violence. 

(E) Such violence is committed using articles that have 

traveled in interstate commerce. 

(7) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry 

of those held in bondage. Slavery and involuntary servitude 

were enforced, both prior to and after the adoption of the 

13th amendment to the Constitution of the United States, 

through widespread public and private violence directed at 

persons because of their race, color, or ancestry, or perceived 

race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the 

extent possible, the badges, incidents, and relics of slavery 

and involuntary servitude. 

(8) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, 

and continuing to date, members of certain religious and 

national origin groups were and are perceived to be distinct 

‘‘races’’. Thus, in order to eliminate, to the extent possible, 

the badges, incidents, and relics of slavery, it is necessary 

to prohibit assaults on the basis of real or perceived religions 

or national origins, at least to the extent such religions or 

national origins were regarded as races at the time of the 

adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States. 

(9) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities 

to work together as partners in the investigation and prosecution of such crimes. 

(10) The problem of crimes motivated by bias is sufficiently 

serious, widespread, and interstate in nature as to warrant 

Federal assistance to States, local jurisdictions, and Indian 

tribes. 

SEC. 4703. DEFINITIONS. 

(a) AMENDMENT.—Section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 

Stat. 2096) is amended by inserting ‘‘gender identity,’’ after 

‘‘gender,’’. 

(b) THIS DIVISION.—In this division— 

(1) the term ‘‘crime of violence’’ has the meaning given 

that term in section 16 of title 18, United States Code; 

(2) the term ‘‘hate crime’’ has the meaning given that 

term in section 280003(a) of the Violent Crime Control and 

Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 

2096), as amended by this Act; 

42 USC 3716 

note. 

28 USC 994 note. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2837 

(3) the term ‘‘local’’ means a county, city, town, township, 

parish, village, or other general purpose political subdivision 

of a State; and 

(4) the term ‘‘State’’ includes the District of Columbia, 

Puerto Rico, and any other territory or possession of the United 

States. 

SEC. 4704. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS. 

(a) ASSISTANCE OTHER THAN FINANCIAL ASSISTANCE.— 

(1) IN GENERAL.—At the request of a State, local, or tribal 

law enforcement agency, the Attorney General may provide 

technical, forensic, prosecutorial, or any other form of assistance 

in the criminal investigation or prosecution of any crime that— 

(A) constitutes a crime of violence; 

(B) constitutes a felony under the State, local, or tribal 

laws; and 

(C) is motivated by prejudice based on the actual or 

perceived race, color, religion, national origin, gender, 

sexual orientation, gender identity, or disability of the 

victim, or is a violation of the State, local, or tribal hate 

crime laws. 

(2) PRIORITY.—In providing assistance under paragraph (1), 

the Attorney General shall give priority to crimes committed 

by offenders who have committed crimes in more than one 

State and to rural jurisdictions that have difficulty covering 

the extraordinary expenses relating to the investigation or 

prosecution of the crime. 

(b) GRANTS.— 

(1) IN GENERAL.—The Attorney General may award grants 

to State, local, and tribal law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. 

(2) OFFICE OF JUSTICE PROGRAMS.—In implementing the 

grant program under this subsection, the Office of Justice Programs shall work closely with grantees to ensure that the 

concerns and needs of all affected parties, including community 

groups and schools, colleges, and universities, are addressed 

through the local infrastructure developed under the grants. 

(3) APPLICATION.— 

(A) IN GENERAL.—Each State, local, and tribal law 

enforcement agency that desires a grant under this subsection shall submit an application to the Attorney General 

at such time, in such manner, and accompanied by or 

containing such information as the Attorney General shall 

reasonably require. 

(B) DATE FOR SUBMISSION.—Applications submitted 

pursuant to subparagraph (A) shall be submitted during 

the 60-day period beginning on a date that the Attorney 

General shall prescribe. 

(C) REQUIREMENTS.—A State, local, and tribal law 

enforcement agency applying for a grant under this subsection shall— 

(i) describe the extraordinary purposes for which 

the grant is needed; 

42 USC 3716. 


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123 STAT. 2838 PUBLIC LAW 111–84—OCT. 28, 2009 

(ii) certify that the State, local government, or 

Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; 

(iii) demonstrate that, in developing a plan to 

implement the grant, the State, local, and tribal law 

enforcement agency has consulted and coordinated 

with nonprofit, nongovernmental victim services programs that have experience in providing services to 

victims of hate crimes; and 

(iv) certify that any Federal funds received under 

this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. 

(4) DEADLINE.—An application for a grant under this subsection shall be approved or denied by the Attorney General 

not later than 180 business days after the date on which 

the Attorney General receives the application. 

(5) GRANT AMOUNT.—A grant under this subsection shall 

not exceed $100,000 for any single jurisdiction in any 1-year 

period. 

(6) REPORT.—Not later than December 31, 2011, the 

Attorney General shall submit to Congress a report describing 

the applications submitted for grants under this subsection, 

the award of such grants, and the purposes for which the 

grant amounts were expended. 

(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $5,000,000 

for each of fiscal years 2010, 2011, and 2012. 

SEC. 4705. GRANT PROGRAM. 

(a) AUTHORITY TO AWARD GRANTS.—The Office of Justice Programs of the Department of Justice may award grants, in accordance with such regulations as the Attorney General may prescribe, 

to State, local, or tribal programs designed to combat hate crimes 

committed by juveniles, including programs to train local law 

enforcement officers in identifying, investigating, prosecuting, and 

preventing hate crimes. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as may be necessary to carry out 

this section. 

SEC. 4706. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST 

STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT. 

There are authorized to be appropriated to the Department 

of Justice, including the Community Relations Service, for fiscal 

years 2010, 2011, and 2012 such sums as are necessary to increase 

the number of personnel to prevent and respond to alleged violations 

of section 249 of title 18, United States Code, as added by section 

4707 of this division. 

SEC. 4707. PROHIBITION OF CERTAIN HATE CRIME ACTS. 

(a) IN GENERAL.—Chapter 13 of title 18, United States Code, 

is amended by adding at the end the following: 

‘‘§ 249. Hate crime acts 

‘‘(a) IN GENERAL.— ‘‘(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN.—Whoever, whether or 

42 USC 3716a. 

Certification. 

Certification. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2839 

not acting under color of law, willfully causes bodily injury 

to any person or, through the use of fire, a firearm, a dangerous 

weapon, or an explosive or incendiary device, attempts to cause 

bodily injury to any person, because of the actual or perceived 

race, color, religion, or national origin of any person— 

‘‘(A) shall be imprisoned not more than 10 years, fined 

in accordance with this title, or both; and 

‘‘(B) shall be imprisoned for any term of years or for 

life, fined in accordance with this title, or both, if— 

‘‘(i) death results from the offense; or 

‘‘(ii) the offense includes kidnapping or an attempt 

to kidnap, aggravated sexual abuse or an attempt to 

commit aggravated sexual abuse, or an attempt to 

kill. 

‘‘(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, 

NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER

IDENTITY, OR DISABILITY.— 

‘‘(A) IN GENERAL.—Whoever, whether or not acting 

under color of law, in any circumstance described in 

subparagraph (B) or paragraph (3), willfully causes bodily 

injury to any person or, through the use of fire, a firearm, 

a dangerous weapon, or an explosive or incendiary device, 

attempts to cause bodily injury to any person, because 

of the actual or perceived religion, national origin, gender, 

sexual orientation, gender identity, or disability of any 

person— 

‘‘(i) shall be imprisoned not more than 10 years, 

fined in accordance with this title, or both; and 

‘‘(ii) shall be imprisoned for any term of years 

or for life, fined in accordance with this title, or both, 

if— 

‘‘(I) death results from the offense; or 

‘‘(II) the offense includes kidnapping or an 

attempt to kidnap, aggravated sexual abuse or 

an attempt to commit aggravated sexual abuse, 

or an attempt to kill. 

‘‘(B) CIRCUMSTANCES DESCRIBED.—For purposes of 

subparagraph (A), the circumstances described in this 

subparagraph are that— 

‘‘(i) the conduct described in subparagraph (A) 

occurs during the course of, or as the result of, the 

travel of the defendant or the victim— 

‘‘(I) across a State line or national border; 

or 

‘‘(II) using a channel, facility, or instrumentality of interstate or foreign commerce; 

‘‘(ii) the defendant uses a channel, facility, or 

instrumentality of interstate or foreign commerce in 

connection with the conduct described in subparagraph 

(A); 

‘‘(iii) in connection with the conduct described in 

subparagraph (A), the defendant employs a firearm, 

dangerous weapon, explosive or incendiary device, or 

other weapon that has traveled in interstate or foreign 

commerce; or 

‘‘(iv) the conduct described in subparagraph (A)— 


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123 STAT. 2840 PUBLIC LAW 111–84—OCT. 28, 2009 

‘‘(I) interferes with commercial or other economic activity in which the victim is engaged at 

the time of the conduct; or 

‘‘(II) otherwise affects interstate or foreign 

commerce. 

‘‘(3) OFFENSES OCCURRING IN THE SPECIAL MARITIME OR

TERRITORIAL JURISDICTION OF THE UNITED STATES.—Whoever, 

within the special maritime or territorial jurisdiction of the 

United States, engages in conduct described in paragraph (1) 

or in paragraph (2)(A) (without regard to whether that conduct 

occurred in a circumstance described in paragraph (2)(B)) shall 

be subject to the same penalties as prescribed in those paragraphs. 

‘‘(b) CERTIFICATION REQUIREMENT.— 

‘‘(1) IN GENERAL.—No prosecution of any offense described 

in this subsection may be undertaken by the United States, 

except under the certification in writing of the Attorney General, or a designee, that— 

‘‘(A) the State does not have jurisdiction; 

‘‘(B) the State has requested that the Federal Government assume jurisdiction; 

‘‘(C) the verdict or sentence obtained pursuant to State 

charges left demonstratively unvindicated the Federal 

interest in eradicating bias-motivated violence; or 

‘‘(D) a prosecution by the United States is in the public 

interest and necessary to secure substantial justice. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to limit the authority of Federal officers, 

or a Federal grand jury, to investigate possible violations of 

this section. 

‘‘(c) DEFINITIONS.—In this section— 

‘‘(1) the term ‘bodily injury’ has the meaning given such 

term in section 1365(h)(4) of this title, but does not include 

solely emotional or psychological harm to the victim; 

‘‘(2) the term ‘explosive or incendiary device’ has the 

meaning given such term in section 232 of this title; 

‘‘(3) the term ‘firearm’ has the meaning given such term 

in section 921(a) of this title; 

‘‘(4) the term ‘gender identity’ means actual or perceived 

gender-related characteristics; and 

‘‘(5) the term ‘State’ includes the District of Columbia, 

Puerto Rico, and any other territory or possession of the United 

States. 

‘‘(d) STATUTE OF LIMITATIONS.— 

‘‘(1) OFFENSES NOT RESULTING IN DEATH.—Except as provided in paragraph (2), no person shall be prosecuted, tried, 

or punished for any offense under this section unless the indictment for such offense is found, or the information for such 

offense is instituted, not later than 7 years after the date 

on which the offense was committed. 

‘‘(2) DEATH RESULTING OFFENSES.—An indictment or 

information alleging that an offense under this section resulted 

in death may be found or instituted at any time without limitation.’’. 

Deadline. 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2841 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

sections for chapter 13 of title 18, United States Code, is amended 

by adding at the end the following: 

‘‘249. Hate crime acts.’’. 

SEC. 4708. STATISTICS. 

(a) IN GENERAL.—Subsection (b)(1) of the first section of the 

Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by 

inserting ‘‘gender and gender identity,’’ after ‘‘race,’’. 

(b) DATA.—Subsection (b)(5) of the first section of the Hate 

Crime Statistics Act (28 U.S.C. 534 note) is amended by inserting 

‘‘, including data about crimes committed by, and crimes directed 

against, juveniles’’ after ‘‘data acquired under this section’’. 

SEC. 4709. SEVERABILITY. 

If any provision of this division, an amendment made by this 

division, or the application of such provision or amendment to 

any person or circumstance is held to be unconstitutional, the 

remainder of this division, the amendments made by this division, 

and the application of the provisions of such to any person or 

circumstance shall not be affected thereby. 

SEC. 4710. RULE OF CONSTRUCTION. 

For purposes of construing this division and the amendments 

made by this division the following shall apply: 

(1) IN GENERAL.—Nothing in this division shall be construed to allow a court, in any criminal trial for an offense 

described under this division or an amendment made by this 

division, in the absence of a stipulation by the parties, to 

admit evidence of speech, beliefs, association, group membership, or expressive conduct unless that evidence is relevant 

and admissible under the Federal Rules of Evidence. Nothing 

in this division is intended to affect the existing rules of evidence. 

(2) VIOLENT ACTS.—This division applies to violent acts 

motivated by actual or perceived race, color, religion, national 

origin, gender, sexual orientation, gender identity, or disability 

of a victim. 

(3) CONSTRUCTION AND APPLICATION.—Nothing in this division, or an amendment made by this division, shall be construed 

or applied in a manner that infringes any rights under the 

first amendment to the Constitution of the United States. Nor 

shall anything in this division, or an amendment made by 

this division, be construed or applied in a manner that substantially burdens a person’s exercise of religion (regardless of 

whether compelled by, or central to, a system of religious belief), 

speech, expression, or association, unless the Government demonstrates that application of the burden to the person is in 

furtherance of a compelling governmental interest and is the 

least restrictive means of furthering that compelling governmental interest, if such exercise of religion, speech, expression, 

or association was not intended to— 

(A) plan or prepare for an act of physical violence; 

or 

(B) incite an imminent act of physical violence against 

another. 

Applicability. 

18 USC 249 note. 

18 USC 249 note. 


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123 STAT. 2842 PUBLIC LAW 111–84—OCT. 28, 2009 

(4) FREE EXPRESSION.—Nothing in this division shall be 

construed to allow prosecution based solely upon an individual’s 

expression of racial, religious, political, or other beliefs or solely 

upon an individual’s membership in a group advocating or 

espousing such beliefs. 

(5) FIRST AMENDMENT.—Nothing in this division, or an 

amendment made by this division, shall be construed to 

diminish any rights under the first amendment to the Constitution of the United States. 

(6) CONSTITUTIONAL PROTECTIONS.—Nothing in this division shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities (regardless of 

whether compelled by, or central to, a system of religious belief), 

including the exercise of religion protected by the first amendment to the Constitution of the United States and peaceful 

picketing or demonstration. The Constitution of the United 

States does not protect speech, conduct or activities consisting 

of planning for, conspiring to commit, or committing an act 

of violence. 

SEC. 4711. GUIDELINES FOR HATE-CRIMES OFFENSES. 

Section 249(a) of title 18, United States Code, as added by 

section 4707 of this Act, is amended by adding at the end the 

following: 

‘‘(4) GUIDELINES.—All prosecutions conducted by the United 

States under this section shall be undertaken pursuant to 

guidelines issued by the Attorney General, or the designee 

of the Attorney General, to be included in the United States 

Attorneys’ Manual that shall establish neutral and objective 

criteria for determining whether a crime was committed 

because of the actual or perceived status of any person.’’. 

SEC. 4712. ATTACKS ON UNITED STATES SERVICEMEN. 

(a) IN GENERAL.—Chapter 67 of title 18, United States Code, 

is amended by adding at the end the following: 

‘‘§ 1389. Prohibition on attacks on United States servicemen 

on account of service 

‘‘(a) IN GENERAL.—Whoever knowingly assaults or batters a 

United States serviceman or an immediate family member of a 

United States serviceman, or who knowingly destroys or injures 

the property of such serviceman or immediate family member, 

on account of the military service of that serviceman or status 

of that individual as a United States serviceman, or who attempts 

or conspires to do so, shall— 

‘‘(1) in the case of a simple assault, or destruction or 

injury to property in which the damage or attempted damage 

to such property is not more than $500, be fined under this 

title in an amount not less than $500 nor more than $10,000 

and imprisoned not more than 2 years; 

‘‘(2) in the case of destruction or injury to property in 

which the damage or attempted damage to such property is 

more than $500, be fined under this title in an amount not 

less than $1000 nor more than $100,000 and imprisoned not 

more than 5 years; and 

‘‘(3) in the case of a battery, or an assault resulting in 

bodily injury, be fined under this title in an amount not less 


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PUBLIC LAW 111–84—OCT. 28, 2009 123 STAT. 2843 

than $2500 and imprisoned not less than 6 months nor more 

than 10 years. 

‘‘(b) EXCEPTION.—This section shall not apply to conduct by 

a person who is subject to the Uniform Code of Military Justice. 

‘‘(c) DEFINITIONS.—In this section— 

‘‘(1) the term ‘Armed Forces’ has the meaning given that 

term in section 1388; 

‘‘(2) the term ‘immediate family member’ has the meaning 

given that term in section 115; and 

‘‘(3) the term ‘United States serviceman’— 

‘‘(A) means a member of the Armed Forces; and 

‘‘(B) includes a former member of the Armed Forces 

during the 5-year period beginning on the date of the 

discharge from the Armed Forces of that member of the 

Armed Forces.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

sections for chapter 67 of title 18, United States Code, is amended 

by adding at the end the following: 

‘‘1389. Prohibition on attacks on United States servicemen on account of service.’’. 

SEC. 4713. REPORT ON MANDATORY MINIMUM SENTENCING PROVISIONS. 

(a) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the United States Sentencing Commission shall submit 

to the Committee on the Judiciary of the Senate and the Committee 

on the Judiciary of the House of Representatives a report on mandatory minimum sentencing provisions under Federal law. 

(b) CONTENTS OF REPORT.—The report submitted under subsection (a) shall include— 

(1) a compilation of all mandatory minimum sentencing 

provisions under Federal law; 

(2) an assessment of the effect of mandatory minimum 

sentencing provisions under Federal law on the goal of eliminating unwarranted sentencing disparity and other goals of 

sentencing; 

(3) an assessment of the impact of mandatory minimum 

sentencing provisions on the Federal prison population; 

(4) an assessment of the compatibility of mandatory minimum sentencing provisions under Federal law and the sentencing guidelines system established under the Sentencing 

Reform Act of 1984 (Public Law 98–473; 98 Stat. 1987) and 

the sentencing guidelines system in place after Booker v. United 

States, 543 U.S. 220 (2005); 

(5) a description of the interaction between mandatory 

minimum sentencing provisions under Federal law and plea 

agreements; 

(6) a detailed empirical research study of the effect of 

mandatory minimum penalties under Federal law; 

(7) a discussion of mechanisms other than mandatory minimum sentencing laws by which Congress can take action with 

respect to sentencing policy; and 


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123 STAT. 2844 PUBLIC LAW 111–84—OCT. 28, 2009 

LEGISLATIVE HISTORY—H.R. 2647 (S. 1390): 

HOUSE REPORTS: Nos. 111–166 and Pt. 2 (both from Comm. on Armed Services) 

and 111–288 (Comm. of Conference). 

SENATE REPORTS: No. 111–35 (Comm. on Armed Services) accompanying S. 1390. 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

June 24, 25, considered and passed House. 

July 23, considered and passed Senate, amended, in lieu of S. 1390. 

Oct. 8, House agreed to conference report. 

Oct. 20–22, Senate considered and agreed to conference report. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2009): 

Oct. 28, Presidential remarks. 

Æ 

(8) any other information that the Commission determines 

would contribute to a thorough assessment of mandatory minimum sentencing provisions under Federal law. 

Approved October 28, 2009. 


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