IB 

Union Calendar No. 84 

111TH CONGRESS 

1ST SESSION H. R. 2647 

[Report No. 111–166] 

To authorize appropriations for fiscal year 2010 for military activities of 

the Department of Defense, to prescribe military personnel strengths 

for fiscal year 2010, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 2, 2009 

Mr. SKELTON (for himself and Mr. MCHUGH) (both by request) introduced 

the following bill; which was referred to the Committee on Armed Services 

JUNE 18, 2009 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 2, 2009] 


tjames on PRODPC75 with BILLS
2 

•HR 2647 RH

A BILL 

To authorize appropriations for fiscal year 2010 for military 

activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2010, and 

for other purposes. 


tjames on PRODPC75 with BILLS
3 

•HR 2647 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2010’’. 

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

7 CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into three divi9 sions as follows: 

10 (1) Division A—Department of Defense Author11 izations. 

12 (2) Division B—Military Construction Author13 izations. 

14 (3) Division C—Department of Energy National 

15 Security Authorizations and Other Authorizations. 

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

17 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. Rapid Acquisition Fund. 


tjames on PRODPC75 with BILLS
4 

•HR 2647 RH

Subtitle B—Army Programs 

Sec. 111. Restriction on obligation of funds for army tactical radio systems. 

Sec. 112. 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. Ford-class aircraft carrier report and limitation on use of funds. 

Sec. 123. Advance procurement funding. 

Sec. 124. Multiyear procurement authority for F/A–18E, F/A–18F, and EA–18G 

aircraft. 

Sec. 125. Multiyear procurement authority for DDG–51 Burke-class destroyers. 

Subtitle D—Air Force Programs 

Sec. 131. Repeal of certification requirement for F–22A fighter aircraft. 

Sec. 132. Preservation and storage of unique tooling for F–22 fighter aircraft. 

Sec. 133. Report on 4.5 generation fighter procurement. 

Sec. 134. Reports on strategic airlift aircraft. 

Sec. 135. Strategic airlift force structure. 

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

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Body armor procurement. 

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

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND 

EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Limitation on obligation of funds for the Navy Next Generation Enterprise Network. 

Sec. 212. Limitation on expenditure of funds for Joint Multi-Mission Submersible 

program. 

Sec. 213. Separate program elements required for research and development of individual body armor and associated components. 

Sec. 214. 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. 215. Restriction on obligation of funds pending submission of Selected Acquisition Report. 

Sec. 216. Restriction on obligation of funds for Future Combat Systems program 

pending receipt of report. 

Sec. 217. Limitation of the obligation of funds for the Net-Enabled Command and 

Control system. 

Sec. 218. Limitation on obligation of funds for F-35 Lightning II program. 

Sec. 219. Programs required to provide the Army with ground combat vehicle and 

self-propelled artillery capabilities. 


tjames on PRODPC75 with BILLS
5 

•HR 2647 RH

Subtitle C—Missile Defense Programs 

Sec. 221. Integrated Air and Missile Defense System project. 

Sec. 222. Ground-based midcourse defense sustainment and modernization program. 

Sec. 223. Limitation on availability of funds for acquisition or deployment of 

missile defenses in Europe. 

Sec. 224. Sense of Congress reaffirming continued support for protecting the 

United States against limited ballistic missile attacks whether 

accidental, unauthorized, or deliberate. 

Sec. 225. Ascent phase missile defense strategy. 

Sec. 226. Availability of funds for a missile defense system for Europe and the 

United States. 

Subtitle D—Reports 

Sec. 231. Comptroller General assessment of coordination of energy storage device 

requirements and investments. 

Sec. 232. Annual Comptroller General report on the F-35 Lightning II aircraft 

acquisition program. 

Sec. 233. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities. 

Sec. 234. Report on future research and development of man-portable and vehiclemounted guided missile systems. 

Subtitle E—Other Matters 

Sec. 241. Access of the Director of the Test Resource Management Center to Department of Defense information. 

Sec. 242. Inclusion in annual budget request and future-years defense program of 

sufficient amounts for continued development and procurement 

of competitive propulsion system for F-35 Lightning II. 

Sec. 243. Establishment of program to enhance participation of historically black 

colleges and universities and minority-serving institutions in defense research programs. 

Sec. 244. Extension of authority to award prizes for advanced technology achievements. 

Sec. 245. Executive Agent for Advanced Energetics. 

Sec. 246. Study on thorium-liquid fueled reactors for naval forces. 

Sec. 247. Visiting NIH Senior Neuroscience Fellowship Program. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

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. 


tjames on PRODPC75 with BILLS
6 

•HR 2647 RH

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

connection with the Former Nansemond Ordnance Depot Site, 

Suffolk, Virginia. 

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. Inclusion of installation of major modifications in definition of depotlevel maintenance and repair. 

Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. 

Sec. 325. Cost-benefit analysis of alternatives for performance of planned maintenance interval events and concurrent modifications performed on 

the AV-8B Harrier weapons system. 

Sec. 326. Termination of certain public-private competitions for conversion of Department of Defense functions to performance by a contractor. 

Sec. 327. Temporary suspension of public-private competitions for conversion of 

Department of Defense functions to performance by a contractor. 

Sec. 328. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor. 

Sec. 329. 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. 

Subtitle D—Energy Security 

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

Sec. 332. Report on implementation of Comptroller General recommendations on 

fuel demand management at forward-deployed locations. 

Sec. 333. Consideration of renewable fuels. 

Sec. 334. Department of Defense goal regarding procurement of renewable aviation fuels. 

Subtitle E—Reports 

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

Subtitle F—Other Matters 

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

non-Department of Defense Federal cargoes. 

Sec. 352. Requirements for standard ground combat uniform. 

Sec. 353. Restriction on use of funds for counterthreat finance efforts. 

Sec. 354. Limitation on obligation of funds pending submission of classified justification material. 

Sec. 355. Condition-based maintenance demonstration programs. 

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. 


tjames on PRODPC75 with BILLS
7 

•HR 2647 RH

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. Submission of options for creation of Trainees, Transients, Holdees, and 

Students account for Army National Guard. 

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—Military Personnel Policy Generally 

Sec. 501. Extension of temporary increase in maximum number of days’ leave 

members may accumulate and carryover. 

Sec. 502. Rank requirement for officer serving as Chief of the Navy Dental Corps 

to correspond to Army and Air Force requirements. 

Sec. 503. Computation of retirement eligibility for enlisted members of the Navy 

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

Subtitle B—Joint Qualified Officers and Requirements 

Sec. 511. Revisions to annual reporting requirement on joint officer management. 

Subtitle C—General Service Authorities 

Sec. 521. Medical examination required before separation of members diagnosed 

with or asserting post-traumatic stress disorder or traumatic 

brain injury. 

Sec. 522. Evaluation of test of utility of test preparation guides and education 

programs in improving qualifications of recruits for the Armed 

Forces. 

Sec. 523. Inclusion of email address on Certificate of Release or Discharge from 

Active Duty (DD Form 214). 

Subtitle D—Education and Training 

Sec. 531. 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. 532. Increase in number of private sector civilians authorized for admission 

to National Defense University. 

Sec. 533. Appointments to military service academies from nominations made by 

Delegate from the Commonwealth of the Northern Mariana Islands. 

Sec. 534. Pilot program to establish and evaluate Language Training Centers for 

members of the Armed Forces and civilian employees of the Department of Defense. 


tjames on PRODPC75 with BILLS
8 

•HR 2647 RH

Sec. 535. 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. 536. Establishment of Junior Reserve Officer’s Training Corps units for students in grades above sixth grade. 

Subtitle E—Defense Dependents’ Education 

Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department 

of Defense civilian employees. 

Sec. 552. Determination of number of weighted student units for local educational 

agencies for receipt of basic support payments under impact aid. 

Sec. 553. Permanent authority for enrollment in defense dependents’ education 

system of dependents of foreign military members assigned to 

Supreme Headquarters Allied Powers, Europe. 

Subtitle F—Missing or Deceased Persons 

Sec. 561. 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. 562. Clarification of guidelines regarding return of remains and media access at ceremonies for the dignified transfer of remains at Dover 

Air Force Base. 

Subtitle G—Decorations and Awards 

Sec. 571. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation. 

Sec. 572. Authorization and request for award of Medal of Honor to Anthony T. 

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

Sec. 573. Authorization and request for award of distinguished-service cross to 

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

Sec. 574. Authorization and request for award of distinguished-service cross to 

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

Subtitle H—Military Families 

Sec. 581. Pilot program to secure internships for military spouses with Federal 

agencies. 

Sec. 582. Report on progress made in implementing recommendations to reduce 

domestic violence in military families. 

Sec. 583. Modification of Servicemembers Civil Relief Act regarding termination 

or suspension of service contracts and effect of violation of interest rate limitation. 

Sec. 584. Protection of child custody arrangements for parents who are members 

of the armed forces deployed in support of a contingency operation. 

Sec. 585. Definitions in Family and Medical Leave Act of 1993 related to active 

duty, servicemembers, and related matters. 

Subtitle I—Other Matters 

Sec. 591. Navy grants to Naval Sea Cadet Corps. 


tjames on PRODPC75 with BILLS
9 

•HR 2647 RH

Sec. 592. Improved response and investigation of allegations of sexual assault involving members of the Armed Forces. 

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

Youth Challenge Program. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL 

BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Special monthly compensation allowance for members with combat-related catastrophic injuries or illnesses pending their retirement 

or separation for physical disability. 

Sec. 603. Stabilization of pay and allowances for senior enlisted members and 

warrant officers appointed as officers and officers reappointed in 

a lower grade. 

Sec. 604. Report on housing standards used to determine basic allowance for 

housing. 

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 pay. 

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. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

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

wounded, ill, or injured members 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. Increased weight allowance for transportation of baggage and household 

effects for certain enlisted members. 


tjames on PRODPC75 with BILLS
10 

•HR 2647 RH

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. 

Sec. 642. 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. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 651. Additional exception to limitation on use of appropriated funds for Department of Defense golf courses. 

Sec. 652. Limitation on Department of Defense entities offering personal information services to members and their dependents. 

Sec. 653. 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. Army authority to provide additional recruitment incentives. 

Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence program 

for certain periods before implementation of program. 

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. Chiropractic health care for members on active duty. 

Sec. 703. Expansion of survivor eligibility under TRICARE dental program. 

Sec. 704. 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. 705. Cooperative health care agreements between military installations and 

non-military health care systems. 

Sec. 706. Health care for members of the reserve components. 

Sec. 707. National casualty care research center. 

Subtitle B—Reports 

Sec. 711. Report on post-traumatic stress disorder efforts. 

Sec. 712. Report on the feasibility of TRICARE Prime in certain commonwealths 

and territories of the United States. 

Sec. 713. Report on the health care needs of military family members. 

Sec. 714. Report on stipends for members of reserve components for health care 

for certain dependents. 

Sec. 715. Report on the required number of military mental health providers. 


tjames on PRODPC75 with BILLS
11 

•HR 2647 RH

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. Demonstration authority for alternative acquisition process for defense 

information technology programs. 

Sec. 805. Limitation on performance of product support integrator functions. 

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

Limitations 

Sec. 811. Revision of Defense Supplement relating to payment of costs prior to 

definitization. 

Sec. 812. Revisions to definitions relating to contracts in Iraq and Afghanistan. 

Sec. 813. Amendment to notification requirements for awards of single source 

task or delivery orders. 

Sec. 814. Clarification of uniform suspension and debarment requirement. 

Sec. 815. Extension of authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 816. Revision to definitions of major defense acquisition program and major 

automated information system. 

Sec. 817. Small Arms Production Industrial Base. 

Sec. 818. Publication of justification for bundling of contracts of the Department 

of Defense. 

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

units. 

Subtitle C—Other Matters 

Sec. 821. Enhanced expedited hiring authority for defense acquisition workforce 

positions. 

Sec. 822. Acquisition Workforce Development Fund amendments. 

Sec. 823. Reports to Congress on full deployment decisions for major automated 

information system programs. 

Sec. 824. Requirement for Secretary of Defense to deny award and incentive fees 

to companies found to jeopardize health or safety of Government 

personnel. 

Sec. 825. Authorization for actions to correct the industrial resource shortfall for 

high-purity beryllium metal in amounts not in excess of 

$85,000,000. 

Sec. 826. Review of post employment restrictions applicable to the Department of 

Defense. 

Sec. 827. Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the United 

States. 

Sec. 828. Findings and report on the usage of rare earth materials in the defense 

supply chain. 

Sec. 829. Furniture standards. 


tjames on PRODPC75 with BILLS
12 

•HR 2647 RH

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Role of commander of special operations command regarding personnel 

management policy and plans affecting special operations forces. 

Sec. 902. Special operations activities. 

Sec. 903. Redesignation of the Department of the Navy as the Department of the 

Navy and Marine Corps. 

Sec. 904. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense 

Cyber Crime Center. 

Sec. 905. Organizational structure of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity. 

Sec. 906. Requirement for Director of Operational Energy Plans and Programs 

to report directly to Secretary of Defense. 

Sec. 907. Increased flexibility for Combatant Commander Initiative Fund. 

Sec. 908. 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. 909. Recommendations to Congress by members of Joint Chiefs of Staff. 

Subtitle B—Space Activities 

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

Sec. 912. Converting the space surveillance network pilot program to a permanent program. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Plan to address foreign ballistic missile intelligence analysis. 

Subtitle D—Other Matters 

Sec. 931. Joint Program Office for Cyber Operations Capabilities. 

Sec. 932. Defense Integrated Military Human Resources System Transition 

Council. 

Sec. 933. Department of Defense School of Nursing revisions. 

Sec. 934. Report on special operations command organization, manning, and 

management. 

Sec. 935. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Incorporation of funding decisions into law. 

Subtitle B—Counter-Drug and Counter-Terrorism Activities 

Sec. 1011. One-year extension of Department of Defense counter-drug authorities 

and requirements. 

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

counter-terrorism activities. 


tjames on PRODPC75 with BILLS
13 

•HR 2647 RH

Sec. 1013. Border coordination centers in Afghanistan and Pakistan. 

Sec. 1014. Comptroller General report on effectiveness of accountability measures 

for assistance from counter-narcotics central transfer account. 

Subtitle C—Miscellaneous Authorities and Limitations 

Sec. 1021. Operational procedures for experimental military prototypes. 

Sec. 1022. Temporary reduction in minimum number of operational aircraft carriers. 

Sec. 1023. Limitation on use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, 

Cuba. 

Sec. 1024. Charter for the National Reconnaissance Office. 

Subtitle D—Studies and Reports 

Sec. 1031. Report on statutory compliance of the report on the 2009 quadrennial 

defense review. 

Sec. 1032. Report on the force structure findings of the 2009 quadrennial defense 

review. 

Sec. 1033. Sense of Congress and amendment relating to quadrennial defense review. 

Sec. 1034. Strategic review of basing plans for United States European Command. 

Sec. 1035. National Defense Panel. 

Sec. 1036. Report required on notification of detainees of rights under Miranda 

v. Arizona. 

Sec. 1037. Annual report on the electronic warfare strategy of the Department of 

Defense. 

Sec. 1038. Studies to analyze alternative models for acquisition and funding of 

technologies supporting network-centric operations. 

Subtitle E—Other Matters 

Sec. 1041. Prohibition relating to propaganda. 

Sec. 1042. Extension of certain authority for making rewards for combating terrorism. 

Sec. 1043. Technical and clerical amendments. 

Sec. 1044. Repeal of pilot program on commercial fee-for-service air refueling 

support for the Air Force. 

Sec. 1045. Extension of sunset for congressional commission on the strategic posture of the United States. 

Sec. 1046. Authorization of appropriations for payments to Portuguese nationals 

employed by the Department of Defense. 

Sec. 1047. Combat air forces restructuring. 

Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher. 

Sec. 1049. Sense of Congress concerning the disposition of Submarine NR-1. 

Sec. 1050. Compliance with requirement for plan on the disposition of detainees 

at Naval Station, Guantanamo Bay, Cuba. 

Sec. 1051. Sense of Congress regarding carrier air wing force structure. 

Sec. 1052. Sense of Congress on Department of Defense financial improvement 

and audit readiness; plan. 

Sec. 1053. Justice for victims of torture and terrorism. 

Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs of the United States. 


tjames on PRODPC75 with BILLS
14 

•HR 2647 RH

TITLE XI—CIVILIAN PERSONNEL MATTERS 

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. Additional personnel authorities for the Special Inspector General for 

Afghanistan Reconstruction. 

Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1106. Extension of certain benefits to Federal civilian employees on official 

duty in Pakistan. 

Sec. 1107. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants. 

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. Modification to Department of Defense laboratory personnel authority. 

Sec. 1111. Pilot program for the temporary exchange of information technology 

personnel. 

Sec. 1112. Provisions relating to the National Security Personnel System. 

Sec. 1113. Provisions relating to the Defense Civilian Intelligence Personnel System. 

Sec. 1114. Sense of Congress on pay parity for Federal employees service at Joint 

Base McGuire/Dix/Lakehurst. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Modification and extension of authority for security and stabilization 

assistance. 

Sec. 1202. Increase 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. 

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

Sec. 1211. Limitation on availability of funds for certain purposes relating to 

Iraq. 

Sec. 1212. Reauthorization of Commanders’ Emergency Response Program. 

Sec. 1213. Reimbursement of certain Coalition nations for support provided to 

United States military operations. 

Sec. 1214. Pakistan Counterinsurgency Fund. 

Sec. 1215. Program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and 

Pakistan. 


tjames on PRODPC75 with BILLS
15 

•HR 2647 RH

Sec. 1216. Reports on campaign plans for Iraq and Afghanistan. 

Sec. 1217. Required assessments of United States efforts in Afghanistan. 

Sec. 1218. Report on responsible redeployment of United States Armed Forces 

from Iraq. 

Sec. 1219. Report on Afghan Public Protection Program. 

Sec. 1220. Updates of report on command and control structure for military 

forces operating in Afghanistan. 

Sec. 1221. Report on payments made by United States Armed Forces to residents 

of Afghanistan as compensation for losses caused by United 

States military operations. 

Sec. 1222. Assessment and report on United States-Pakistan military relations 

and cooperation. 

Sec. 1223. Required assessments of progress toward security and stability in 

Pakistan. 

Sec. 1224. Repeal of GAO war-related reporting requirement. 

Sec. 1225. Plan to govern the disposition of specified defense items in Iraq. 

Sec. 1226. Civilian ministry of defense advisor program. 

Sec. 1227. Report on the status of interagency coordination in the Afghanistan 

and Operation Enduring Freedom theater of operations. 

Sec. 1228. Sense of Congress supporting United States policy for Afghanistan. 

Sec. 1229. Analysis of required force levels and types of forces needed to secure 

southern and eastern regions of Afghanistan. 

Subtitle C—Other Matters 

Sec. 1231. NATO Special Operations Coordination Center. 

Sec. 1232. Annual report on military power of the Islamic Republic of Iran. 

Sec. 1233. Annual report on military and security developments involving the 

People’s Republic of China. 

Sec. 1234. Report on impacts of drawdown authorities on the Department of Defense. 

Sec. 1235. Risk assessment of United States space export control policy. 

Sec. 1236. Patriot air and missile defense battery in Poland. 

Sec. 1237. Report on potential foreign military sales of the F-22A fighter aircraft 

to Japan. 

Sec. 1238. Expansion of United States-Russian Federation joint center to include 

exchange of data on missile defense. 

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. National Academy of Sciences study of 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. 

Sec. 1403. Defense Health Program. 


tjames on PRODPC75 with BILLS
16 

•HR 2647 RH

Sec. 1404. Chemical agents and munitions destruction, defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

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. Limitation on obligation of funds for Joint Improvised Explosive Device Defeat Organization pending report to Congress. 

Sec. 1505. Navy and Marine Corps procurement. 

Sec. 1506. Air Force procurement. 

Sec. 1507. Defense-wide activities procurement. 

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Working capital funds. 

Sec. 1512. Military personnel. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Iraq Freedom Fund. 

Sec. 1515. Other Department of Defense programs. 

Sec. 1516. Limitations on Iraq Security Forces Fund. 

Sec. 1517. Continuation of prohibition on use of United States funds for certain 

facilities projects in Iraq. 

Sec. 1518. Special transfer authority. 

Sec. 1519. Treatment as additional authorizations. 

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 2001. Short title. 

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

law. 

Sec. 2003. Effective date. 

TITLE XXI—ARMY 

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

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

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

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


tjames on PRODPC75 with BILLS
17 

•HR 2647 RH

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. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2306. Extension of authorizations of certain fiscal year 2006 projects. 

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Authorization of appropriations, Defense Agencies. 

Sec. 2403. Modification of authority to carry out certain fiscal year 2008 project. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2405. 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. 

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. 


tjames on PRODPC75 with BILLS
18 

•HR 2647 RH

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—Amendments to Base Closure and Related Laws 

Sec. 2711. Use of economic development conveyances to implement base closure 

and realignment property recommendations. 

Subtitle C—Other Matters 

Sec. 2721. Sense of Congress on ensuring joint basing recommendations do not 

adversely affect operational readiness. 

Sec. 2722. Modification of closure instructions regarding Paul Doble Army Reserve Center, Portsmouth, New Hampshire. 

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. Authorized scope of work variations for military construction projects 

and military family housing projects. 

Sec. 2804. Imposition of requirement that acquisition of reserve component facilities be authorized by law. 

Sec. 2805. Report on Department of Defense contributions to States for acquisition, construction, expansion, rehabilitation, or conversion of reserve component facilities. 

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. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Imposition of requirement that leases of real property to the United 

States with annual rental costs of more than $750,000 be authorized by law. 

Sec. 2812. Consolidation of notice-and-wait requirements applicable to leases of 

real property owned by the United States. 

Sec. 2813. Clarification of authority of military departments to acquire low-cost 

interests in land and interests in land when need is urgent. 


tjames on PRODPC75 with BILLS
19 

•HR 2647 RH

Sec. 2814. Modification of utility systems conveyance authority. 

Sec. 2815. Decontamination and use of former bombardment area on island of 

Culebra. 

Sec. 2816. Disposal of excess property of Armed Forces Retirement Home. 

Sec. 2817. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California. 

Sec. 2818. Limitation on establishment of Navy outlying landing fields. 

Sec. 2819. Prohibition on outlying landing field at Sandbanks or Hale’s Lake, 

North Carolina, for Oceana Naval Air Station. 

Sec. 2820. Selection of military installations to serve as locations of brigade combat teams. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2831. Role of Under Secretary of Defense for Policy in management and coordination of Department 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 Inspector Generals 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 training requirements 

in Asia-Pacific region. 

Subtitle D—Energy Security 

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

activities. 

Sec. 2842. Department of Defense use of electric and hybrid motor vehicles. 

Sec. 2843. Department of Defense goal regarding use of renewable energy sources 

to meet facility energy needs. 

Sec. 2844. Comptroller General report on Department of Defense renewable energy initiatives. 

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

Subtitle E—Land Conveyances 

Sec. 2851. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, 

California. 

Sec. 2852. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2853. Modification of land conveyance, former Griffiss Air Force Base, New 

York. 

Sec. 2854. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 

Sec. 2855. Land conveyance, Naval Air Station Oceana, Virginia. 

Sec. 2856. Land conveyance, Haines Tank Farm, Haines, Alaska. 

Sec. 2857. Completion of land exchange and consolidation, Fort Lewis, Washington. 


tjames on PRODPC75 with BILLS
20 

•HR 2647 RH

Subtitle F—Other Matters 

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

States Armed Forces working dog teams. 

Sec. 2872. Naming of child development center at Fort Leonard Wood, Missouri, 

in honor of Mr. S. Lee Kling. 

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. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Stockpile stewardship program. 

Sec. 3112. Stockpile management program. 

Sec. 3113. Plan for execution of stockpile stewardship and stockpile management 

programs. 

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

Sec. 3115. Annual long-term plan for the modernization and refurbishment of the 

nuclear security complex. 

Subtitle C—Reports 

Sec. 3121. Comptroller General review of management and operations contract 

costs for national security laboratories. 

Sec. 3122. Plan to ensure capability to monitor, analyze, and evaluate foreign 

nuclear weapons activities. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD 

Sec. 3201. Authorization. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 


tjames on PRODPC75 with BILLS
21 

•HR 2647 RH

TITLE XXXV—MARITIME ADMINISTRATION 

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

Sec. 3502. Liquidation of unused leave balance at the United States Merchant 

Marine Academy. 

Sec. 3503. Adjunct professors. 

Sec. 3504. Maritime loan guarantee program. 

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

Fleet vessels. 

Sec. 3506. Technical corrections to State maritime academies student incentive 

program. 

Sec. 3507. Limitation on disposal of interest in certain vessels. 

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 

5 DIVISION A—DEPARTMENT OF 

6 DEFENSE AUTHORIZATIONS 

7 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. Rapid Acquisition Fund. 

Subtitle B—Army Programs 

Sec. 111. Restriction on obligation of funds for army tactical radio systems. 

Sec. 112. 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. Ford-class aircraft carrier report and limitation on use of funds. 

Sec. 123. Advance procurement funding. 

Sec. 124. Multiyear procurement authority for F/A–18E, F/A–18F, and EA–18G 

aircraft. 

Sec. 125. Multiyear procurement authority for DDG–51 Burke-class destroyers. 

Subtitle D—Air Force Programs 

Sec. 131. Repeal of certification requirement for F–22A fighter aircraft. 

Sec. 132. Preservation and storage of unique tooling for F–22 fighter aircraft. 

Sec. 133. Report on 4.5 generation fighter procurement. 


tjames on PRODPC75 with BILLS
22 

•HR 2647 RH

Sec. 134. Reports on strategic airlift aircraft. 

Sec. 135. Strategic airlift force structure. 

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

Subtitle E—Joint and Multiservice Matters 

Sec. 141. Body armor procurement. 

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

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 101. ARMY. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2010 for procurement for the Army as follows: 

6 (1) For aircraft, $4,828,632,000. 

7 (2) For missiles, $1,320,109,000. 

8 (3) For weapons and tracked combat vehicles, 

9 $2,500,952,000. 

10 (4) For ammunition, $2,070,095,000. 

11 (5) For other procurement, $9,762,539,000. 

12 SEC. 102. NAVY AND MARINE CORPS. 

13 (a) NAVY.—Funds are hereby authorized to be appro14 priated for fiscal year 2010 for procurement for the Navy 

15 as follows: 

16 (1) For aircraft, $18,102,112,000. 

17 (2) For weapons, including missiles and tor18 pedoes, $3,453,455,000. 

19 (3) For shipbuilding and conversion, 

20 $13,786,867,000. 

21 (4) For other procurement, $5,689,176,000. 


tjames on PRODPC75 with BILLS
23 

•HR 2647 RH

1 (b) MARINE CORPS.—Funds are hereby authorized to 

2 be appropriated for fiscal year 2010 for procurement for 

3 the Marine Corps in the amount of $1,712,138,000. 

4 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

5 are hereby authorized to be appropriated for fiscal year 

6 2010 for procurement of ammunition for the Navy and the 

7 Marine Corps in the amount of $840,675,000. 

8 SEC. 103. AIR FORCE. 

9 Funds are hereby authorized to be appropriated for fis10 cal year 2010 for procurement for the Air Force as follows: 

11 (1) For aircraft, $11,991,991,000. 

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

13 (3) For missiles, $6,211,628,000. 

14 (4) For other procurement, $17,299,841,000. 

15 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

16 Funds are hereby authorized to be appropriated for fis17 cal year 2010 for Defense-wide procurement in the amount 

18 of $4,150,562,000. 

19 SEC. 105. NATIONAL GUARD AND RESERVE EQUIPMENT. 

20 Funds are hereby authorized to be appropriated for fis21 cal year 2010 for the procurement of aircraft, missiles, 

22 wheeled and tracked combat vehicles, tactical wheeled vehi23 cles, ammunition, other weapons, and other procurement 

24 for the reserve components of the Armed Forces in the 

25 amount of $600,000,000. 


tjames on PRODPC75 with BILLS
24 

•HR 2647 RH

1 SEC. 106. RAPID ACQUISITION FUND. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2010 for the Rapid Acquisition Fund in the 

4 amount of $55,000,000. 

5 Subtitle B—Army Programs 

6 SEC. 111. RESTRICTION ON OBLIGATION OF FUNDS FOR 

7 ARMY TACTICAL RADIO SYSTEMS. 

8 (a) LIMITATION ON OBLIGATION OF FUNDS.—Except 

9 as provided in subsection (b), none of the funds authorized 

10 to be appropriated by this Act or otherwise made available 

11 for fiscal year 2010 for procurement, Army, may be obli12 gated or expended for tactical radio systems. 

13 (b) EXCEPTIONS.—The limitation on obligation of 

14 funds in subsection (a) does not apply to the following: 

15 (1) A tactical radio system that is approved by 

16 the joint program executive officer of the joint tactical 

17 radio system if the Secretary of Defense notifies the 

18 congressional defense committees in writing of such 

19 approval. 

20 (2) A tactical radio system procured specifically 

21 to meet— 

22 (A) an operational need (as described in 

23 Army Regulation 71–9 or a successor regula24 tion); or 


tjames on PRODPC75 with BILLS
25 

•HR 2647 RH

1 (B) a joint urgent operational need (as de2 scribed in Chairman of the Joint Chiefs of Staff 

3 Instruction 3470.01 or a successor instruction). 

4 (3) A tactical radio system for an unmanned 

5 ground vehicle system. 

6 (4) Commercially available tactical radios with 

7 joint tactical radio system capabilities. 

8 SEC. 112. PROCUREMENT OF FUTURE COMBAT SYSTEMS 

9 SPIN OUT EARLY-INFANTRY BRIGADE COM10 BAT TEAM EQUIPMENT. 

11 (a) LIMITATION ON LOW-RATE INITIAL PRODUCTION

12 QUANTITIES.—Notwithstanding section 2400 of title 10, 

13 United States Code, with respect to covered Future Combat 

14 Systems equipment, the Secretary of Defense may procure 

15 for low-rate initial production only such equipment that 

16 is necessary for one brigade. 

17 (b) LIMITATION ON OBLIGATION OF FUNDS.—Of the 

18 amounts authorized to be appropriated by this Act or other19 wise made available for fiscal years 2010 or 2011 for the 

20 procurement of covered Future Combat Systems equipment, 

21 the Secretary of Defense may obligate or expend funds only 

22 for the procurement of such equipment that is necessary for 

23 one brigade. 

24 (c) EXCEPTION FOR MEETING OPERATIONAL NEED

25 STATEMENT REQUIREMENTS.—The limitation on low-rate 


tjames on PRODPC75 with BILLS
26 

•HR 2647 RH

1 initial production in subsection (a) and the limitation on 

2 obligation of funds in subsection (b) do not apply if the 

3 procurement of covered Future Combat Systems equipment 

4 is specifically intended to address an operational need 

5 statement requirement. 

6 (d) COVERED FUTURE COMBAT SYSTEMS EQUIPMENT

7 DEFINED.—For the purposes of this section, the term ‘‘cov8 ered Future Combat Systems equipment’’ means the fol9 lowing: 

10 (1) Future Combat Systems non-line of sight 

11 launcher systems. 

12 (2) Future Combat Systems unattended ground 

13 sensors. 

14 (3) Future Combat Systems class I unmanned 

15 aerial systems. 

16 (4) Future Combat Systems small unmanned 

17 ground vehicles. 

18 (5) Future Combat Systems integrated control 

19 system computers. 

20 (6) Any vehicular kits needed to integrate and 

21 operate a system listed in paragraph (1), (2), (3), (4), 

22 or (5). 


tjames on PRODPC75 with BILLS
27 

•HR 2647 RH

1 Subtitle C—Navy Programs 

2 SEC. 121. LITTORAL COMBAT SHIP PROGRAM. 

3 (a) LIMITATION OF COSTS.—Except as provided in 

4 subsection (b) or (c), of the amounts authorized to be appro5 priated in this Act or otherwise made available for fiscal 

6 year 2010 or any fiscal year thereafter for the procurement 

7 of Littoral Combat Ship vessels, not more than 

8 $460,000,000 may be obligated or expended for each vessel 

9 procured (not including amounts obligated or expended for 

10 elements designated by the Secretary of the Navy as a mis11 sion package). 

12 (b) SPECIFIC REQUIREMENT FOR FISCAL YEAR

13 2010.—Of the amounts authorized to be appropriated in 

14 this Act or otherwise made available for fiscal year 2010 

15 or any fiscal year thereafter for shipbuilding conversion, 

16 Navy, the Secretary of the Navy may obligate not more than 

17 $80,000,000 to produce a technical data package for each 

18 type of Littoral Combat Ship vessel, if the Secretary— 

19 (1) is unable to— 

20 (A) submit to the congressional defense com21 mittees a certification under subsection (g) dur22 ing fiscal year 2010; and 

23 (B) enter into a contract for the construc24 tion of a Littoral Combat Ship vessel in fiscal 

25 year 2010 because of the limitation of costs in 


tjames on PRODPC75 with BILLS
28 

•HR 2647 RH

1 section 124 of the National Defense Authoriza2 tion Act for Fiscal Year 2006 (Public Law 109– 

3 163; 119 Stat. 3157), as amended; or 

4 (2) is unable to enter into a contract for the con5 struction of a Littoral Combat Ship vessel in fiscal 

6 year 2010 because of the limitation of costs in sub7 section (a) after submitting to the congressional de8 fense committees a certification under subsection (g). 

9 (c) ADJUSTMENT OF LIMITATION AMOUNT.—With re10 spect to the procurement of a Littoral Combat Ship vessel 

11 referred to in subsection (a), the Secretary may adjust the 

12 amount set forth in such subsection by the following: 

13 (1) The amounts of increases or decreases in 

14 costs attributable to economic inflation after Sep15 tember 30, 2009. 

16 (2) The amounts of increases or decreases in 

17 costs attributable to compliance with changes in Fed18 eral, State, or local laws enacted after September 30, 

19 2009. 

20 (3) The amounts of outfitting costs and post-de21 livery costs incurred for the vessel. 

22 (4) The amounts of increases or decreases in 

23 costs attributable to the insertion of new technology 

24 into the vessel, as compared to the technology used in 

25 the first and second Littoral Combat Ship vessels proVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
29 

•HR 2647 RH

1 cured by the Secretary, if the Secretary determines, 

2 and certifies to the congressional defense committees, 

3 that insertion of the new technology— 

4 (A) would lower the life-cycle cost of the ves5 sel; or 

6 (B) is required to meet an emerging threat 

7 and the Secretary of Defense certifies to those 

8 committees that such threat poses grave harm to 

9 national security. 

10 (d) ANNUAL REPORTS.—At the same time that the 

11 budget is submitted under section 1105(a) of title 31, 

12 United States Code, for each fiscal year, the Secretary shall 

13 submit to the congressional defense committees a report on 

14 Littoral Combat Ship vessels. Such report shall include the 

15 following: 

16 (1) Written notice of any change in the amount 

17 set forth in subsection (a) that is made under sub18 section (c). 

19 (2) Information, current as of the date of the re20 port, regarding— 

21 (A) the content of any element of the vessels 

22 that is designated as a mission package; 

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

24 and 


tjames on PRODPC75 with BILLS
30 

•HR 2647 RH

1 (C) the total number of such elements an2 ticipated. 

3 (3) Actual and estimated costs associated with— 

4 (A) the material and equipment for basic 

5 construction of each vessel; and 

6 (B) the material and equipment for propul7 sion, weapons, and communications systems of 

8 each vessel. 

9 (4) Actual and estimated man-hours of labor and 

10 labor rates associated with each vessel being procured 

11 (listed separately from any other man-hours and 

12 labor rates data). 

13 (5) Actual and estimated fees paid to contractors 

14 for meeting contractually obligated cost and schedule 

15 performance milestones. 

16 (e) DEFINITIONS.—In this section: 

17 (1) The term ‘‘mission package’’ means the inter18 changeable combat systems that deploy with a Lit19 toral Combat Ship vessel. 

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

21 compilation of detailed engineering plans for con22 struction of a Littoral Combat Ship vessel. 

23 (f) CONFORMING REPEAL.—Section 124 of the Na24 tional Defense Authorization Act for Fiscal Year 2006 (Pub25 lic Law 109–163) is repealed. 


tjames on PRODPC75 with BILLS
31 

•HR 2647 RH

1 (g) EFFECTIVE DATE.— 

2 (1) LIMITATION ON COSTS.—Subsections (a) and 

3 (c) shall take effect on the date that is 15 days after 

4 the date on which the Secretary of the Navy certifies 

5 in writing to the congressional defense committees the 

6 following: 

7 (A) The Secretary has accepted delivery of 

8 the USS Freedom (LCS 1) and the USS Inde9 pendence (LCS 2) following successful completion 

10 of acceptance trials. 

11 (B) The repeal of section 124 of the Na12 tional Defense Authorization Act for Fiscal Year 

13 2006 (Public Law 109–163; 119 Stat. 3157) 

14 made by subsection (f) is necessary for the Sec15 retary to— 

16 (i) award a contract for a Littoral 

17 Combat Ship vessel in fiscal year 2010; and 

18 (ii) maintain sufficient government 

19 oversight of the Littoral Combat Ship vessel 

20 program. 

21 (C) The Secretary has conducted a thorough 

22 analysis of the requirements for the performance, 

23 system, and design of both Littoral Combat Ship 

24 variants and determined that further changes to 

25 such requirements will not reduce— 


tjames on PRODPC75 with BILLS
32 

•HR 2647 RH

1 (i) the cost of either such variant; and 

2 (ii) the warfighting utility of such ves3 sel. 

4 (D) A construction contract for a Littoral 

5 Combat Ship vessel in fiscal year 2010 will be 

6 awarded only to a contractor that— 

7 (i) with respect to a contract for the 

8 Littoral Combat Ship vessel awarded in fis9 cal year 2009— 

10 (I) is maintaining excellent cost 

11 and schedule performance; and 

12 (II) the Secretary determines that 

13 the affordability and efficiency of the 

14 construction of such a vessel are im15 proving at a satisfactory rate; and 

16 (ii) based on the data available from 

17 the developmental and operational assess18 ment testing of such contractor’s vessel and 

19 associated mission packages, the Secretary, 

20 in consultation with the Chief of Naval Op21 erations, has determined that it is in the 

22 best interest of the Navy to procure such ad23 ditional Littoral Combat Ship vessels prior 

24 to the completion of operational test and 

25 evaluation. 


tjames on PRODPC75 with BILLS
33 

•HR 2647 RH

1 (E) With respect to funds that are available 

2 for shipbuilding and conversion, Navy, for fiscal 

3 year 2010 for the procurement of Littoral Com4 bat Ship vessels— 

5 (i) such funds are sufficient to award 

6 contracts for three additional Littoral Com7 bat Ship vessels; or 

8 (ii) if such funds are insufficient to 

9 award contracts for three additional Lit10 toral Combat Ship vessels, the Secretary has 

11 the ability to promote competition for the 

12 Littoral Combat Ship vessels that are pro13 cured in order to ensure the best value to 

14 the Government. 

15 (2) REPEAL.—The repeal of section 124 of the 

16 National Defense Authorization Act for Fiscal Year 

17 2006 (Public Law 109–163; 119 Stat. 3157) made by 

18 subsection (f) shall take effect on the date that is 15 

19 days after the date on which the certification under 

20 paragraph (1) is received by the congressional defense 

21 committees. 

22 SEC. 122. FORD-CLASS AIRCRAFT CARRIER REPORT AND 

23 LIMITATION ON USE OF FUNDS. 

24 (a) REPORT REQUIRED.—Not later than February 1, 

25 2010, the Secretary of the Navy shall submit to the congresVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
34 

•HR 2647 RH

1 sional defense committees a report on the effects of using 

2 a five-year interval for the construction of Ford-class air3 craft carriers. The report shall include, at a minimum, an 

4 assessment of the effects of such interval on the following: 

5 (1) With respect to the supplier base— 

6 (A) the viability of the base, including sup7 pliers exiting the market or other potential re8 ductions in competition; and 

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

10 carrier program. 

11 (2) Training of individuals in trades related to 

12 ship construction. 

13 (3) Loss of expertise associated with ship con14 struction. 

15 (4) The costs of— 

16 (A) any additional technical support or 

17 production planning associated with the start of 

18 construction; 

19 (B) material and labor; 

20 (C) overhead; and 

21 (D) other ship construction programs, in22 cluding the costs of existing and future contracts. 

23 (b) LIMITATION ON USE OF FUNDS.—With respect to 

24 the aircraft carrier designated CVN–79, none of the 

25 amounts authorized to be appropriated for fiscal year 2010 


tjames on PRODPC75 with BILLS
35 

•HR 2647 RH

1 for research, development, test, and evaluation or advance 

2 procurement for such aircraft carrier may be obligated or 

3 expended for activities that would limit the ability of the 

4 Secretary of the Navy to award a construction contract 

5 for— 

6 (1) such aircraft carrier in fiscal year 2012; or 

7 (2) the aircraft carrier designated CVN–80 in 

8 fiscal year 2016. 

9 SEC. 123. ADVANCE PROCUREMENT FUNDING. 

10 (a) ADVANCE PROCUREMENT.—With respect to a 

11 naval vessel for which amounts are authorized to be appro12 priated or otherwise made available for fiscal year 2010 or 

13 any fiscal year thereafter for advance procurement in ship14 building and conversion, Navy, the Secretary of the Navy 

15 may enter into a contract, in advance of a contract for con16 struction of any vessel, for any of the following: 

17 (1) Components, parts, or materiel. 

18 (2) Production planning and other related sup19 port services that reduce the overall procurement lead 

20 time of such vessel. 

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

22 respect to components of the aircraft carrier designated 

23 CVN–79 for which amounts are authorized to be appro24 priated or otherwise made available for fiscal year 2010 or 

25 any fiscal year thereafter for advance procurement in shipVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
36 

•HR 2647 RH

1 building and conversion, Navy, the Secretary of the Navy 

2 may enter into a contract for the advance construction of 

3 such components if the Secretary determines that cost sav4 ings, construction efficiencies, or workforce stability may be 

5 achieved for such aircraft carrier through the use of such 

6 contracts. 

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

8 A contract entered into under subsection (b) shall provide 

9 that any obligation of the United States to make a payment 

10 under such contract for any fiscal year after fiscal year 

11 2010 is subject to the availability of appropriations for that 

12 purpose for such fiscal year. 

13 SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A– 

14 18E, F/A–18F, AND EA–18G AIRCRAFT. 

15 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

16 Notwithstanding paragraphs (1) and (7) of section 2306b(i) 

17 of title 10, United States Code, the Secretary of the Navy 

18 may enter into a multiyear contract, beginning with the 

19 fiscal year 2010 program year, for the procurement of F/ 

20 A–18E, F/A–18F, or EA–18G aircraft and Government21 furnished equipment associated with such aircraft. 

22 (b) REPORT OF FINDINGS.—Not less than 30 days be23 fore the date on which a contract is awarded under sub24 section (a), the Secretary of the Navy shall submit to the 

25 congressional defense committees a report containing the 


tjames on PRODPC75 with BILLS
37 

•HR 2647 RH

1 findings required under subsection (a) of section 2306b of 

2 title 10, United States Code. 

3 SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR 

4 DDG–51 BURKE-CLASS DESTROYERS. 

5 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 

6 Notwithstanding paragraphs (1) and (7) of section 2306b(i) 

7 of title 10, United States Code, the Secretary of the Navy 

8 may enter into a multiyear contract, beginning with the 

9 fiscal year 2010 program year, for the procurement of 

10 DDG–51 Burke-class destroyers and Government-furnished 

11 equipment associated with such destroyers. 

12 (b) REPORT OF FINDINGS.—Not less than 30 days be13 fore the date on which a contract is awarded under sub14 section (a), the Secretary of the Navy shall submit to the 

15 congressional defense committees a report containing the 

16 findings required under subsection (a) of section 2306b of 

17 title 10, United States Code. 

18 Subtitle D—Air Force Programs 

19 SEC. 131. REPEAL OF CERTIFICATION REQUIREMENT FOR 

20 F–22A FIGHTER AIRCRAFT. 

21 Section 134 of the Duncan Hunter National Defense 

22 Authorization Act for Fiscal Year 2009 (Public Law 110– 

23 417; 122 Stat. 4378) is repealed. 


tjames on PRODPC75 with BILLS
38 

•HR 2647 RH

1 SEC. 132. PRESERVATION AND STORAGE OF UNIQUE TOOL2 ING FOR F–22 FIGHTER AIRCRAFT. 

3 (a) PLAN.—The Secretary of the Air Force shall de4 velop a plan for the preservation and storage of unique tool5 ing related to the production of hardware and end items 

6 for F–22 fighter aircraft. The plan shall— 

7 (1) ensure that the Secretary preserves and stores 

8 such tooling in a manner that allows the production 

9 of such hardware and end items to be restarted after 

10 a period of idleness; 

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

12 hardware and end items, identify the costs of restart13 ing production; and 

14 (3) identify any contract modifications, addi15 tional facilities, or funding that the Secretary deter16 mines necessary to carry out the plan. 

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

18 the amounts authorized to be appropriated by this Act or 

19 otherwise made available for fiscal year 2010 for aircraft 

20 procurement, Air Force, for F–22 fighter aircraft may be 

21 obligated or expended for activities related to disposing of 

22 F–22 production tooling until a period of 45 days has 

23 elapsed after the date on which the Secretary submits to 

24 Congress a report describing the plan required by subsection 

25 (a). 


tjames on PRODPC75 with BILLS
39 

•HR 2647 RH

1 SEC. 133. REPORT ON 4.5 GENERATION FIGHTER PROCURE2 MENT. 

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

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

5 to the congressional defense committees a report on 4.5 gen6 eration fighter aircraft procurement. The report shall in7 clude the following: 

8 (1) The number of 4.5 generation fighter aircraft 

9 for procurement for fiscal years 2011 through 2025 

10 necessary to fulfill the requirement of the Air Force 

11 to maintain not less than 2,200 tactical fighter air12 craft. 

13 (2) The estimated procurement costs for those 

14 aircraft if procured through single year procurement 

15 contracts. 

16 (3) The estimated procurement costs for those 

17 aircraft if procured through multiyear procurement 

18 contracts. 

19 (4) The estimated savings that could be derived 

20 from the procurement of those aircraft through a 

21 multiyear procurement contract, and whether the Sec22 retary determines the amount of those savings to be 

23 substantial. 

24 (5) A discussion comparing the costs and benefits 

25 of obtaining those aircraft through annual procure26 ment contracts with the costs and benefits of obtainVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
40 

•HR 2647 RH

1 ing those aircraft through a multiyear procurement 

2 contract. 

3 (6) A discussion regarding the availability and 

4 feasibility of F–35s in fiscal years 2015 through fiscal 

5 year 2025 to proportionally and concurrently recapi6 talize the Air National Guard. 

7 (7) The recommendations of the Secretary re8 garding whether Congress should authorize a 

9 multiyear procurement contract for 4.5 generation 

10 fighter aircraft. 

11 (b) CERTIFICATIONS.—If the Secretary recommends 

12 under subsection (a)(7) that Congress authorize a multiyear 

13 procurement contract for 4.5 generation fighter aircraft, the 

14 Secretary shall submit to Congress the certifications re15 quired by section 2306b of title 10, United States Code, at 

16 the same time that the budget is submitted under section 

17 1105(a) of title 31, United States Code, for fiscal year 2011. 

18 (c) 4.5 GENERATION FIGHTER AIRCRAFT DEFINED.— 

19 In this section, the term ‘‘4.5 generation fighter aircraft’’ 

20 means current fighter aircraft, including the F–15, F–16, 

21 and F–18, that— 

22 (1) have advanced capabilities, including— 

23 (A) AESA radar; 

24 (B) high capacity data-link; and 

25 (C) enhanced avionics; and 


tjames on PRODPC75 with BILLS
41 

•HR 2647 RH

1 (2) have the ability to deploy current and rea2 sonably foreseeable advanced armaments. 

3 SEC. 134. REPORTS ON STRATEGIC AIRLIFT AIRCRAFT. 

4 At least 120 days before the date on which a C–5 air5 craft is retired, the Secretary of the Air Force, in coordina6 tion with the Director of the Air National Guard, shall sub7 mit to the congressional defense committees a report on the 

8 proposed force structure and basing of strategic airlift air9 craft (as defined in section 8062(g)(2) of title 10, United 

10 States Code). Each report shall include the following: 

11 (1) A list of each aircraft in the inventory of 

12 strategic airlift aircraft, including for each such air13 craft— 

14 (A) the type; 

15 (B) the variant; and 

16 (C) the military installation where such 

17 aircraft is based. 

18 (2) A list of each strategic airlift aircraft pro19 posed for retirement, including for each such air20 craft— 

21 (A) the type; 

22 (B) the variant; and 

23 (C) the military installation where such 

24 aircraft is based. 


tjames on PRODPC75 with BILLS
42 

•HR 2647 RH

1 (3) A list of each unit affected by a proposed re2 tirement listed under paragraph (2) and how such 

3 unit is affected. 

4 (4) For each military installation listed under 

5 paragraph (2)(C), any changes to the mission of the 

6 installation as a result of a proposed retirement. 

7 (5) Any anticipated reductions in manpower as 

8 a result of a proposed retirement listed under para9 graph (2). 

10 (6) Any anticipated increases in manpower or 

11 military construction at a military installation as a 

12 result of an increase in force structure related to a 

13 proposed retirement listed under paragraph (2). 

14 SEC. 135. STRATEGIC AIRLIFT FORCE STRUCTURE. 

15 Subsection (g)(1) of section 8062 of title 10, United 

16 States Code, is amended— 

17 (1) by striking ‘‘2008’’ and inserting ‘‘2009’’; 

18 and 

19 (2) by striking ‘‘299’’ and inserting ‘‘316’’. 

20 SEC. 136. REPEAL OF REQUIREMENT TO MAINTAIN CERTAIN 

21 RETIRED C–130E AIRCRAFT. 

22 Section 134 of the National Defense Authorization Act 

23 for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 31) 

24 is amended— 

25 (1) by striking subsection (c); 


tjames on PRODPC75 with BILLS
43 

•HR 2647 RH

1 (2) by redesignating subsection (d) as subsection 

2 (c); and 

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

4 and inserting ‘‘subsection (c)’’. 

5 Subtitle E—Joint and Multiservice 

6 Matters 

7 SEC. 141. BODY ARMOR PROCUREMENT. 

8 (a) PROCUREMENT.—The Secretary of Defense shall 

9 ensure that body armor is procured using funds authorized 

10 to be appropriated by this title. 

11 (b) PROCUREMENT LINE ITEM.—In the budget mate12 rials submitted to the President by the Secretary of Defense 

13 in connection with the submission to Congress, pursuant 

14 to section 1105 of title 31, United States Code, of the budget 

15 for fiscal year 2011, and each subsequent fiscal year, the 

16 Secretary shall ensure that within each procurement ac17 count, a separate, dedicated procurement line item is des18 ignated for body armor. 

19 SEC. 142. UNMANNED CARGO-CARRYING-CAPABLE AERIAL 

20 VEHICLES. 

21 None of the amounts authorized to be appropriated for 

22 procurement may be obligated or expended for an un23 manned cargo-carrying-capable aerial vehicle until a pe24 riod of 15 days has elapsed after the date on which the Vice 

25 Chairman of the Joint Chiefs of Staff and the Under SecVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
44 

•HR 2647 RH

1 retary of Defense for Acquisition, Technology, and Logistics 

2 certify to the congressional defense committees that the 

3 Joint Requirements Oversight Council has approved a joint 

4 and common requirement for an unmanned cargo-carrying5 capable aerial vehicle type. 

6 TITLE II—RESEARCH, DEVELOP7 MENT, TEST, AND EVALUA8 TION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Limitation on obligation of funds for the Navy Next Generation Enterprise Network. 

Sec. 212. Limitation on expenditure of funds for Joint Multi-Mission Submersible 

program. 

Sec. 213. Separate program elements required for research and development of individual body armor and associated components. 

Sec. 214. 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. 215. Restriction on obligation of funds pending submission of Selected Acquisition Report. 

Sec. 216. Restriction on obligation of funds for Future Combat Systems program 

pending receipt of report. 

Sec. 217. Limitation of the obligation of funds for the Net-Enabled Command and 

Control system. 

Sec. 218. Limitation on obligation of funds for F-35 Lightning II program. 

Sec. 219. Programs required to provide the Army with ground combat vehicle and 

self-propelled artillery capabilities. 

Subtitle C—Missile Defense Programs 

Sec. 221. Integrated Air and Missile Defense System project. 

Sec. 222. Ground-based midcourse defense sustainment and modernization program. 

Sec. 223. Limitation on availability of funds for acquisition or deployment of 

missile defenses in Europe. 

Sec. 224. Sense of Congress reaffirming continued support for protecting the 

United States against limited ballistic missile attacks whether 

accidental, unauthorized, or deliberate. 

Sec. 225. Ascent phase missile defense strategy. 

Sec. 226. Availability of funds for a missile defense system for Europe and the 

United States. 


tjames on PRODPC75 with BILLS
45 

•HR 2647 RH

Subtitle D—Reports 

Sec. 231. Comptroller General assessment of coordination of energy storage device 

requirements and investments. 

Sec. 232. Annual Comptroller General report on the F-35 Lightning II aircraft 

acquisition program. 

Sec. 233. Report on integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities. 

Sec. 234. Report on future research and development of man-portable and vehiclemounted guided missile systems. 

Subtitle E—Other Matters 

Sec. 241. Access of the Director of the Test Resource Management Center to Department of Defense information. 

Sec. 242. Inclusion in annual budget request and future-years defense program of 

sufficient amounts for continued development and procurement 

of competitive propulsion system for F-35 Lightning II. 

Sec. 243. Establishment of program to enhance participation of historically black 

colleges and universities and minority-serving institutions in defense research programs. 

Sec. 244. Extension of authority to award prizes for advanced technology achievements. 

Sec. 245. Executive Agent for Advanced Energetics. 

Sec. 246. Study on thorium-liquid fueled reactors for naval forces. 

Sec. 247. Visiting NIH Senior Neuroscience Fellowship Program. 

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2010 for the use of the Department of Defense for 

6 research, development, test, and evaluation as follows: 

7 (1) For the Army, $10,506,731,000. 

8 (2) For the Navy, $19,622,528,000. 

9 (3) For the Air Force, $28,508,561,000. 

10 (4) For Defense-wide activities, $21,016,672,000, 

11 of which $190,770,000 is authorized for the Director 

12 of Operational Test and Evaluation. 


tjames on PRODPC75 with BILLS
46 

•HR 2647 RH

1 Subtitle B—Program Requirements, 

2 Restrictions, and Limitations 

3 SEC. 211. LIMITATION ON OBLIGATION OF FUNDS FOR THE 

4 NAVY NEXT GENERATION ENTERPRISE NET5 WORK. 

6 (a) LIMITATION.—Of the amounts authorized to be ap7 propriated described in subsection (b), not more than 50 

8 percent of the amounts remaining unobligated as of the date 

9 of the enactment of this Act may be obligated until the Sec10 retary of the Navy submits to the congressional defense com11 mittees a detailed architectural specification for the Next 

12 Generation Enterprise Network. 

13 (b) COVERED AUTHORIZATIONS OR APPROPRIA14 TIONS.—The amounts authorized to be appropriated de15 scribed in this subsection are amounts authorized to be ap16 propriated for fiscal year 2010 for— 

17 (1) operation and maintenance for the Con18 tinuity of Service Contract for the Navy-Marine 

19 Corps Intranet; and 

20 (2) research, development, test, and evaluation 

21 for the Next Generation Enterprise Network. 


tjames on PRODPC75 with BILLS
47 

•HR 2647 RH

1 SEC. 212. LIMITATION ON EXPENDITURE OF FUNDS FOR 

2 JOINT MULTI-MISSION SUBMERSIBLE PRO3 GRAM. 

4 None of the funds authorized to be appropriated by this 

5 or any other Act for fiscal year 2010 may be obligated or 

6 expended for the Joint Multi-Mission Submersible program 

7 until the Secretary of Defense, in consultation with the Di8 rector of National Intelligence— 

9 (1) completes an assessment on the feasibility of 

10 a cost-sharing agreement between the Department of 

11 Defense and the intelligence community (as that term 

12 is defined in section 3(4) of the National Security Act 

13 of 1947 (50 U.S.C. 401a(4))), for the Joint Multi-Mis14 sion Submersible program; 

15 (2) submits to the congressional defense commit16 tees and the intelligence committees the assessment re17 ferred to in paragraph (1); and 

18 (3) certifies to the congressional defense commit19 tees and the intelligence committees that the agree20 ment developed pursuant to the assessment referred to 

21 in paragraph (1) represents the most effective and af22 fordable means of delivery for meeting a validated 

23 program requirement. 


tjames on PRODPC75 with BILLS
48 

•HR 2647 RH

1 SEC. 213. SEPARATE PROGRAM ELEMENTS REQUIRED FOR 

2 RESEARCH AND DEVELOPMENT OF INDI3 VIDUAL BODY ARMOR AND ASSOCIATED COM4 PONENTS. 

5 In the budget materials submitted to the President by 

6 the Secretary of Defense in connection with the submission 

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

8 States Code, of the budget for fiscal year 2011, and each 

9 subsequent fiscal year, the Secretary shall ensure that with10 in each research, development, test, and evaluation account 

11 a separate, dedicated program element is assigned to the 

12 research and development of individual body armor and as13 sociated components. 

14 SEC. 214. SEPARATE PROCUREMENT AND RESEARCH, DE15 VELOPMENT, TEST AND EVALUATION LINE 

16 ITEMS AND PROGRAM ELEMENTS FOR THE F17 35B AND F-35C JOINT STRIKE FIGHTER AIR18 CRAFT. 

19 In the budget materials submitted to the President by 

20 the Secretary of Defense in connection with the submission 

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

22 States Code, of the budget for fiscal year 2011, and each 

23 subsequent fiscal year, the Secretary shall ensure that with24 in the Navy research, development, test, and evaluation ac25 count and the Navy aircraft procurement account, a sepa26 rate, dedicated line item and program element is assigned 


tjames on PRODPC75 with BILLS
49 

•HR 2647 RH

1 to each of the F-35B aircraft and the F-35C aircraft, to 

2 the extent such accounts include funding for each such air3 craft. 

4 SEC. 215. RESTRICTION ON OBLIGATION OF FUNDS PEND5 ING SUBMISSION OF SELECTED ACQUISITION 

6 REPORT. 

7 (a) RESTRICTION ON OBLIGATION OF FUNDS.—Of the 

8 amounts authorized to be appropriated for fiscal year 2010 

9 for Research and Development, Army, for the defense acqui10 sition programs specified in subsection (b), not more than 

11 50 percent may be obligated prior to the date on which the 

12 Secretary of Defense submits to the congressional defense 

13 committees the comprehensive annual Selected Acquisition 

14 Report for each such program for fiscal year 2009, as re15 quired by section 2432 of title 10, United States Code. 

16 (b) PROGRAMS SPECIFIED.—The defense acquisition 

17 programs specified in this subsection are the following: 

18 (1) Future Combat Systems program. 

19 (2) Warfighter information network tactical pro20 gram. 

21 (3) Stryker vehicle program. 

22 (4) Joint Air-to-Ground Missile program. 

23 (5) Bradley Base Sustain program. 

24 (6) Abrams Tank Improvement program. 

25 (7) Javelin program. 


tjames on PRODPC75 with BILLS
50 

•HR 2647 RH

1 SEC. 216. RESTRICTION ON OBLIGATION OF FUNDS FOR FU2 TURE COMBAT SYSTEMS PROGRAM PENDING 

3 RECEIPT OF REPORT. 

4 Not more than 25 percent of the funds authorized to 

5 be appropriated by this Act or otherwise made available 

6 for Research and Development, Army, for fiscal year 2010 

7 for the Future Combat Systems program may be obligated 

8 or expended until 15 days after the receipt of the report 

9 required by section 214(c) of the John Warner National De10 fense Authorization Act for Fiscal Year 2007 (Public Law 

11 109-364). 

12 SEC. 217. LIMITATION OF THE OBLIGATION OF FUNDS FOR 

13 THE NET-ENABLED COMMAND AND CONTROL 

14 SYSTEM. 

15 (a) LIMITATION.—Of the amounts authorized to be ap16 propriated described in subsection (b), not more than 25 

17 percent of the amounts remaining unobligated as of the date 

18 of the enactment of this Act may be obligated until the Sec19 retary of Defense submits to the congressional defense com20 mittees a plan for reorganizing and consolidating the man21 agement of the Net-Enabled Command and Control system 

22 and the Global Command and Control System family of 

23 systems. 

24 (b) COVERED AUTHORIZATIONS OR APPROPRIA25 TIONS.—The amounts authorized to be appropriated de26 scribed in this subsection are amounts authorized to be apVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
51 

•HR 2647 RH

1 propriated for fiscal year 2010 for the Net-Enabled Com2 mand and Control system in the following program ele3 ments: 

4 (1) 33158k. 

5 (2) 33158a. 

6 (3) 33158n. 

7 (4) 33158m. 

8 (5) 33158f. 

9 SEC. 218. LIMITATION ON OBLIGATION OF FUNDS FOR F-35 

10 LIGHTNING II PROGRAM. 

11 Of the amounts authorized to be appropriated or other12 wise made available for fiscal year 2010 for research, devel13 opment, test, and evaluation for the F-35 Lightning II pro14 gram, not more than 75 percent may be obligated until the 

15 date that is 15 days after the later of the following dates: 

16 (1) The date on which the Under Secretary of 

17 Defense for Acquisition, Technology, and Logistics 

18 submits to the congressional defense committees cer19 tification in writing that all funds made available for 

20 fiscal year 2010 for the continued development and 

21 procurement of a competitive propulsion system for 

22 the F-35 Lightning II have been obligated. 

23 (2) The date on which the Secretary of Defense 

24 submits to the congressional defense committees the re25 port required by section 123 of the Duncan Hunter 


tjames on PRODPC75 with BILLS
52 

•HR 2647 RH

1 National Defense Authorization Act for Fiscal Year 

2 2009 (Public Law 110-417; 122 Stat. 4376). 

3 (3) The date on which the Secretary of Defense 

4 submits to the congressional defense committees the 

5 annual plan and certification for fiscal year 2010 re6 quired by section 231a of title 10, United States Code. 

7 SEC. 219. PROGRAMS REQUIRED TO PROVIDE THE ARMY 

8 WITH GROUND COMBAT VEHICLE AND SELF9 PROPELLED ARTILLERY CAPABILITIES. 

10 (a) PROGRAM REQUIRED.—In accordance with the 

11 Weapons Systems Acquisition Reform Act of 2009 (Public 

12 Law 111-43), the Secretary of Defense shall carry out pro13 grams to develop, test, and, when demonstrated operation14 ally effective, suitable, survivable, and affordable, field new 

15 or upgraded Army ground combat vehicle and self-propelled 

16 artillery capabilities. 

17 (b) REPORT REQUIRED.—Not later than February 1, 

18 2010, the Secretary of Defense shall deliver a report to the 

19 congressional defense committees that— 

20 (1) specifies what vehicles, or upgraded vehicles, 

21 will constitute the Army’s ground combat vehicle fleet 

22 in 2015; 

23 (2) includes the status, schedule, cost estimates, 

24 and requirements for the programs specified in para25 graph (1); 


tjames on PRODPC75 with BILLS
53 

•HR 2647 RH

1 (3) includes any Army force structure modifica2 tions planned that impact the requirements for new 

3 ground combat vehicles; 

4 (4) specifies, for each program included, the al5 ternatives considered during any analysis of alter6 natives, and why those alternatives were not selected 

7 as the preferred program option; 

8 (5) quantifies and describes the loss of knowledge 

9 to the industrial base should a future self-propelled 

10 artillery cannon not be developed immediately fol11 lowing the cancellation of the Non-Line-of-Sight Can12 non, a Manned Ground Vehicle of Future Combat 

13 Systems; and 

14 (6) with respect to the Army’s future self-pro15 pelled howitzer artillery fleet, explains the Army’s 

16 plan to develop and field— 

17 (A) automated ammunition handling; 

18 (B) laser ignition; 

19 (C) improved ballistic accuracy; 

20 (D) automated crew compartments; 

21 (E) hybrid-electric power; and 

22 (F) band track. 

23 (c) RESTRICTION ON USE OF FUNDS.—Of the amounts 

24 authorized to be appropriated under this Act for research, 

25 test, development, and evaluation for the Army for the proVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
54 

•HR 2647 RH

1 gram elements specified in subsection (d), not more than 

2 50 percent may be obligated or expended until 15 days after 

3 the Secretary of Defense submits the report required under 

4 subsection (b). 

5 (d) PROGRAMS SPECIFIED.—The restriction on use of 

6 funds in subsection (c) covers the following Army program 

7 elements: 

8 (1) Combat Vehicle Improvement Program, pro9 gram element 0203735A. 

10 (2) Advanced Tank Armament System, program 

11 element 0603653A. 

12 (3) Artillery Systems, program element 

13 0604854A. 

14 Subtitle C—Missile Defense 

15 Programs 

16 SEC. 221. INTEGRATED AIR AND MISSILE DEFENSE SYSTEM 

17 PROJECT. 

18 Of the amounts authorized to be appropriated for re19 search and development of the Army Integrated Air and 

20 Missile Defense project (program element 63327A), not 

21 more than 25 percent may be obligated until the Secretary 

22 of Defense has certified to the congressional defense commit23 tees that the Secretary has— 

24 (1) carried out a review of the project; 


tjames on PRODPC75 with BILLS
55 

•HR 2647 RH

1 (2) determined that the project is an affordable, 

2 executable project; 

3 (3) determined that the project meets a current 

4 required capability; and 

5 (4) determined that no other project could be exe6 cuted, at a lower cost, that would be capable of ful7 filling the required capability to the same or approxi8 mate level of effectiveness as the Army Integrated Air 

9 and Missile Defense project. 

10 SEC. 222. GROUND-BASED MIDCOURSE DEFENSE 

11 SUSTAINMENT AND MODERNIZATION PRO12 GRAM. 

13 (a) PROGRAM REQUIRED.—The Secretary of Defense 

14 shall carry out a sustainment and modernization program 

15 to ensure the long-term reliability, availability, maintain16 ability, and supportability of the ground-based midcourse 

17 defense system to protect the United States against limited 

18 ballistic missile attacks whether accidental, unauthorized, 

19 or deliberate. 

20 (b) PROGRAM ELEMENTS.—The program required by 

21 subsection (a) shall include each of the following elements: 

22 (1) Sustainment and operations. 

23 (2) Aging and surveillance. 

24 (3) System and component level assessments, en25 gineering analysis, and modeling and simulation. 


tjames on PRODPC75 with BILLS
56 

•HR 2647 RH

1 (4) Ground and flight testing. 

2 (5) Readiness exercises. 

3 (6) Modernization and enhancement. 

4 (7) Any other element the Secretary determines 

5 is appropriate. 

6 (c) CONSULTATION.—In implementing the program re7 quired by subsection (a), the Secretary of Defense shall con8 sult with the commanders of the appropriate combatant 

9 commands to ensure the sustainment and modernization re10 quirements of such commands are reflected in such pro11 gram. 

12 (d) BUDGET SUBMISSION REQUIREMENT.—For each 

13 budget submitted by the President to Congress under section 

14 1105 of title 31, the Secretary of Defense shall concurrently 

15 submit to the congressional defense committees a report that 

16 clearly identifies the amounts requested for each of the pro17 gram elements referred to in subsection (b). 

18 (e) REPORT.—Not later than 120 days after the date 

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

20 submit to the congressional defense committees a report out21 lining the long-term sustainment and modernization plan 

22 of the Department of Defense for the ground-based mid23 course defense system. 


tjames on PRODPC75 with BILLS
57 

•HR 2647 RH

1 SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR AC2 QUISITION OR DEPLOYMENT OF MISSILE DE3 FENSES IN EUROPE. 

4 No funds authorized to be appropriated by this Act 

5 or otherwise made available for the Department of Defense 

6 for fiscal year 2010 or any fiscal year thereafter may be 

7 obligated or expended for the acquisition (other than initial 

8 long-lead procurement) or deployment of operational mis9 siles of a long-range missile defense system in Europe until 

10 the Secretary of Defense, after receiving the views of the Di11 rector of Operational Test and Evaluation, submits to the 

12 congressional defense committees a report certifying that the 

13 proposed interceptor to be deployed as part of such missile 

14 defense system has demonstrated, through successful, oper15 ationally realistic flight testing, a high probability of work16 ing in an operationally effective manner and the ability 

17 to accomplish the mission. 

18 SEC. 224. SENSE OF CONGRESS REAFFIRMING CONTINUED 

19 SUPPORT FOR PROTECTING THE UNITED 

20 STATES AGAINST LIMITED BALLISTIC MIS21 SILE ATTACKS WHETHER ACCIDENTAL, UNAU22 THORIZED, OR DELIBERATE. 

23 (a) FINDINGS.—Congress makes the following findings: 

24 (1) Congress passed and the President signed the 

25 National Missile Defense Act of 1999 (Public Law 

26 106-38), which stated: ‘‘It is the policy of the United 


tjames on PRODPC75 with BILLS
58 

•HR 2647 RH

1 States to deploy as soon as is technologically possible 

2 an effective National Missile Defense system capable 

3 of defending the territory of the United States against 

4 limited ballistic missile attack (whether accidental, 

5 unauthorized, or deliberate). 

6 (2) The United States has thus far deployed 26 

7 long-range, Ground-based, Midcourse Defense (GMD) 

8 interceptors in Alaska and California to defend 

9 against potential long-range missiles from rogue 

10 states such as North Korea. 

11 (3) Congress has fully funded the President’s 

12 budget request for the GMD sites in Alaska and Cali13 fornia in fiscal years 2008 and 2009, as well as con14 tinued development of the Standard Missile-3 Block 

15 IIA missile with Japan, which will provide the Aegis 

16 Ballistic Missile Defense system the capability to en17 gage long-range ballistic missiles like the North Ko18 rean Taepo Dong-2. 

19 (4) Senior defense and intelligence officials have 

20 indicated that the threat to the United States from 

21 long-range missiles from rogue states is limited. 

22 (5) Senior military officials have testified that 

23 the original threat assessments of the long-range mis24 sile threat made by the Missile Defense Agency in 

25 2002 were ‘‘off by a factor of 10 or 20’’. 


tjames on PRODPC75 with BILLS
59 

•HR 2647 RH

1 (6) It is imperative that missile defense force 

2 structure and inventory be linked to the most likely 

3 threats and validated military requirements. 

4 (7) The Secretary of Defense, the Chairman of 

5 the Joint Chiefs, the Commander of the United States 

6 Strategic Command’s Joint Functional Component 

7 Command for Integrated Missile Defense, and the Di8 rector of the Missile Defense Agency have either testi9 fied or stated that 30 operationally deployed GMD 

10 interceptors would be adequate to defend against any 

11 rogue missile threat to the United States in the near12 to mid-term. 

13 (8) The Director of the Missile Defense Agency 

14 testified that, for the first time since the establishment 

15 of the Missile Defense Agency in 2002, key elements 

16 of the Department of Defense, such as the combatant 

17 commanders and the military services, played a 

18 major role in shaping the missile defense budget for 

19 fiscal year 2010. 

20 (9) There is currently no existing military re21 quirement justifying the need to deploy 44 GMD 

22 interceptors, nor has that number been validated by 

23 the Department of Defense’s requirements process. 

24 (10) In testimony before Congress this year, the 

25 Director of the Missile Defense Agency indicated that 


tjames on PRODPC75 with BILLS
60 

•HR 2647 RH

1 a number of GMD interceptors were removed from 

2 their silos for unscheduled maintenance and refur3 bishment because of unanticipated problems with the 

4 interceptors were discovered. 

5 (b) SENSE OF CONGRESS.—It is the sense of Congress 

6 that the United States— 

7 (1) reaffirms the principles articulated in the 

8 National Missile Defense Act of 1999; 

9 (2) should continue to fund robust research, de10 velopment, test, and evaluation of the current GMD 

11 system deployed in Alaska in California to ensure 

12 that the system will work in an operationally effec13 tive, suitable, maintainable, and survivable manner 

14 to defend the territory of the United States against 

15 limited ballistic missile attack (whether accidental, 

16 unauthorized, or deliberate); 

17 (3) should continue the development of the 

18 Standard Missile-3 Block IIA missile with Japan, 

19 which will provide the Aegis Ballistic Missile Defense 

20 system a capability to counter long-range ballistic 

21 missiles like the North Korean Taepo Dong-2; and 

22 (4) should set future missile defense force struc23 ture and inventory requirements based on a clear 

24 linkage to the threat and the military requirements 

25 process that takes into account the views of key DeVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
61 

•HR 2647 RH

1 partment of Defense stakeholders such as the combat2 ant commanders and the military services. 

3 SEC. 225. ASCENT PHASE MISSILE DEFENSE STRATEGY. 

4 (a) DEPARTMENT OF DEFENSE STRATEGY FOR AS5 CENT PHASE MISSILE DEFENSE.—Not later than 180 days 

6 after the date of the enactment of this Act, the Secretary 

7 of Defense shall submit to the congressional defense commit8 tees a strategy for ascent phase missile defense. 

9 (b) MATTERS INCLUDED.—The strategy required by 

10 subsection (a) shall include each of the following: 

11 (1) A description of the programs and activities 

12 contained, as of the date of the submission of the 

13 strategy, in the program of record of the Missile De14 fense Agency that provide or are planned to provide 

15 a capability to intercept ballistic missiles in their as16 cent phase. 

17 (2) A description of the capabilities that are 

18 needed to accomplish the intercept of ballistic missiles 

19 in their ascent phase, including— 

20 (A) the key technologies and associated tech21 nology readiness levels, plans for maturing such 

22 technologies, and any technology demonstrations 

23 for such capabilities; 

24 (B) concepts of operation for how ascent 

25 phase capabilities would be employed, including 


tjames on PRODPC75 with BILLS
62 

•HR 2647 RH

1 the dependence of such capabilities on, and inte2 gration with, other functions, capabilities, and 

3 information, including those provided by other 

4 elements of the ballistic missile defense system; 

5 (C) the criteria to be used to assess the tech6 nical progress, suitability, and effectiveness of 

7 such capabilities; 

8 (D) a comprehensive plan for development 

9 and investment in such capabilities, including 

10 an identification of specific program and tech11 nology investments to be made in such capabili12 ties; 

13 (E) a description of how, and to what ex14 tent, ascent phase missile defense can leverage 

15 the capabilities and investments made in boost 

16 phase, midcourse, and any other layer or ele17 ments of the ballistic missile defense system; 

18 (F) a description of any other challenges or 

19 limitations associated with ascent phase missile 

20 defense; and 

21 (G) any other information the Secretary de22 termines is necessary. 

23 (c) FORM.—The strategy shall be submitted in unclas24 sified form, but may include a classified annex. 


tjames on PRODPC75 with BILLS
63 

•HR 2647 RH

1 SEC. 226. AVAILABILITY OF FUNDS FOR A MISSILE DEFENSE 

2 SYSTEM FOR EUROPE AND THE UNITED 

3 STATES. 

4 (a) FINDINGS.—Congress makes the following findings: 

5 (1) Missile defense promotes the collective secu6 rity of the United States and NATO and improves 

7 linkages among member nations of NATO by defend8 ing all members of NATO against the full range of 

9 missile threats. 

10 (2) The Islamic Republic of Iran possesses the 

11 largest inventory of short-and medium-range ballistic 

12 missiles in the Middle East and these missiles rep13 resent a threat to Europe and United States interests 

14 and deployed forces in the region. Neither NATO nor 

15 the United States currently possesses sufficient theater 

16 missile defense capability to counter this threat from 

17 Iran. 

18 (3) Iran does not currently possess a long-range 

19 ballistic missile capable of reaching the United States 

20 and, if it were to develop such a capability in the 

21 near future, the long-range Ground-based Midcourse 

22 Defense (GMD) interceptors currently deployed in 

23 Alaska have sufficient range to protect the United 

24 States against an emerging threat. 

25 (4) It is in the interest of the United States to 

26 work cooperatively with NATO to counter these 


tjames on PRODPC75 with BILLS
64 

•HR 2647 RH

1 threats consistent with the direction provided in the 

2 statement by the Heads of State and Government par3 ticipating in the meeting of the North Atlantic Coun4 cil in Strasbourg/Kehl on April 4, 2009, that: ‘‘we 

5 judge that missile threats should be addressed in a 

6 prioritized manner that includes consideration of the 

7 level of imminence of the threat and the level of ac8 ceptable risk.’’ 

9 (5) The Director of Operational Test and Eval10 uation for the Department of Defense has raised con11 cerns about the operational effectiveness, suitability, 

12 and survivability of the current GMD system, and the 

13 Director of the Missile Defense Agency testified before 

14 the House Armed Services Committee on May 21, 

15 2009, that health and status indicators forced the 

16 agency to remove several long-range interceptors for 

17 unscheduled maintenance and refurbishment. 

18 (6) The Fiscal Year 2008 Annual Report to Con19 gress by the Director of Operational Test and Evalua20 tion (DOT&E) stated: ‘‘The inherent BDMS defensive 

21 capability against theater threats increased during 

22 the last fiscal year and DOT&E expects this trend to 

23 continue’’ largely due to the continued progress of the 

24 AEGIS and Terminal High Altitude Area Defense 

25 (THAAD) systems in operational testing. 


tjames on PRODPC75 with BILLS
65 

•HR 2647 RH

1 (7) The proposed European locations of the long2 range missile defense system allow for the defense of 

3 both Europe and the United States against long-range 

4 threats launched from the Middle East, but a limited 

5 deployment of GMD interceptors on the east coast of 

6 the United States would provide comparable defense 

7 of our homeland and the most pressing threat to Eu8 rope is from medium-range ballistic missiles. 

9 (b) RESERVATION OF FUNDS.—Of the funds made 

10 available for fiscal years 2009 and 2010 for the Missile De11 fense Agency for the purpose of developing missile defenses 

12 in Europe, $353,100,000 shall be available only for a mis13 sile defense system for Europe and the United States as de14 scribed in paragraph (1) or (2) of subsection (c). 

15 (c) USE OF FUNDS.—Funds reserved under subsection 

16 (b) may be obligated and expended by the Secretary of De17 fense— 

18 (1) on the research, development, test, and eval19 uation of— 

20 (A) the proposed midcourse radar element of 

21 the ground-based midcourse defense system in the 

22 Czech Republic; and 

23 (B) the proposed long-range missile defense 

24 interceptor site element of such defense system in 

25 Poland; or 


tjames on PRODPC75 with BILLS
66 

•HR 2647 RH

1 (2) on the research, development, test, and eval2 uation, procurement, site activation, construction, 

3 preparation of, equipment for, or deployment of an 

4 alternative integrated missile defense system that 

5 would protect Europe and the United States from the 

6 threats posed by all types of ballistic missiles, if the 

7 Secretary submits to the congressional defense com8 mittees a report certifying that the alternative missile 

9 defense system is expected to be— 

10 (A) consistent with the direction of the 

11 North Atlantic Council to address ballistic mis12 sile threats to Europe and the United States in 

13 a prioritized manner that includes consideration 

14 of the level of imminence of the threat and the 

15 level of acceptable risk; 

16 (B) at least as cost-effective, technically reli17 able, and operationally available in protecting 

18 Europe and the United States from missile 

19 threats as the ground-based midcourse defense 

20 system described in paragraph (1); 

21 (C) deployable in a sufficient amount of 

22 time to counter current and emerging ballistic 

23 missile threats (as determined by the intelligence 

24 community) launched from the Middle East that 


tjames on PRODPC75 with BILLS
67 

•HR 2647 RH

1 could threaten Europe and the United States; 

2 and 

3 (D) interoperable with other components of 

4 missile defense and compliments NATO’s missile 

5 defense strategy. 

6 Subtitle D—Reports 

7 SEC. 231. COMPTROLLER GENERAL ASSESSMENT OF CO8 ORDINATION OF ENERGY STORAGE DEVICE 

9 REQUIREMENTS AND INVESTMENTS. 

10 (a) ASSESSMENT REQUIRED.—The Comptroller Gen11 eral shall conduct an assessment of the degree to which re12 quirements, technology goals, and research and procurement 

13 investments in energy storage technologies are coordinated 

14 within and among the military departments, appropriate 

15 Defense Agencies, and other elements of the Department of 

16 Defense. In carrying out such assessment, the Comptroller 

17 General shall— 

18 (1) assess expenses incurred by the Department 

19 of Defense in the research, development, testing, and 

20 procurement of energy storage devices; 

21 (2) compare quantities of types of devices in use 

22 or under development that rely on commercial energy 

23 storage technologies and that use military-unique, 

24 proprietary, or specialty devices; 


tjames on PRODPC75 with BILLS
68 

•HR 2647 RH

1 (3) assess the process by which a determination 

2 is made by an acquisition official of the Department 

3 of Defense to pursue a commercially available or cus4 tom-made energy storage device; 

5 (4) assess the coordination of Department of De6 fense-wide activities in energy storage device research, 

7 development, and use; 

8 (5) assess whether there is a need for enhanced 

9 standardization of the form, fit, and function of en10 ergy storage devices, and if so, formulate a rec11 ommendation as to how, from an organizational 

12 standpoint, the Department should address that need; 

13 and, 

14 (6) assess whether there are commercial advances 

15 in portable power technology, including hybrid sys16 tems, fuel cells, and electrochemical capacitors, that 

17 could be better leveraged by the Department. 

18 (b) REPORT.—Not later than March 1, 2010, the 

19 Comptroller General shall submit to the Committees on 

20 Armed Services of the Senate and House of Representatives 

21 a report on the findings and recommendations of the Comp22 troller General with respect to the assessment conducted 

23 under subsection (a). 

24 (c) COORDINATION.—In carrying out subsection (a), 

25 the Comptroller General shall coordinate with the Secretary 


tjames on PRODPC75 with BILLS
69 

•HR 2647 RH

1 of Energy and the heads of other appropriate Federal agen2 cies. 

3 SEC. 232. ANNUAL COMPTROLLER GENERAL REPORT ON 

4 THE F-35 LIGHTNING II AIRCRAFT ACQUISI5 TION PROGRAM. 

6 (a) ANNUAL GAO REVIEW.—The Comptroller General 

7 shall conduct an annual review of the F-35 Lightning II 

8 aircraft acquisition program and shall, not later than 

9 March 15 of each of 2010 through 2015, submit to the con10 gressional defense committees a report on the results of the 

11 most recent review. 

12 (b) MATTERS TO BE INCLUDED.—Each report on the 

13 F-35 program under subsection (a) shall include each of 

14 the following: 

15 (1) The extent to which the acquisition program 

16 is meeting development and procurement cost, sched17 ule, and performance goals. 

18 (2) The progress and results of developmental 

19 and operational testing and plans for correcting defi20 ciencies in aircraft performance, operational effective21 ness, and suitability. 

22 (3) Aircraft procurement plans, production re23 sults, and efforts to improve manufacturing efficiency 

24 and supplier performance. 


tjames on PRODPC75 with BILLS
70 

•HR 2647 RH

1 SEC. 233. REPORT ON INTEGRATION OF DEPARTMENT OF 

2 DEFENSE INTELLIGENCE, SURVEILLANCE, 

3 AND RECONNAISSANCE CAPABILITIES. 

4 Of the amounts authorized to be appropriated in this 

5 Act for program element 35884L for intelligence planning 

6 and review activities, not more than 25 percent of such 

7 amounts may be obligated or expended until the date that 

8 is 30 days after the date on which the Under Secretary of 

9 Defense for Intelligence submits the report required under 

10 section 923(d)(1) of the National Defense Authorization Act 

11 for 2004 (Public Law 108-136; 117 Stat. 1576), including 

12 the elements of the report described in subparagraphs (D), 

13 (E), and (F) of such section 923(d)(1). 

14 SEC. 234. REPORT ON FUTURE RESEARCH AND DEVELOP15 MENT OF MAN-PORTABLE AND VEHICLE16 MOUNTED GUIDED MISSILE SYSTEMS. 

17 (a) REPORT.—Not later than 90 days after the date 

18 of the enactment of this Act, the Secretary of the Army shall 

19 submit to Congress a report on future research and develop20 ment of man-portable and vehicle-mounted guided missile 

21 systems to replace the current Javelin and TOW systems. 

22 Such report shall include— 

23 (1) an examination of current requirements for 

24 anti-armor missile systems; 

25 (2) an analysis of battlefield uses other than 

26 anti-armor; 


tjames on PRODPC75 with BILLS
71 

•HR 2647 RH

1 (3) an analysis of changes required to the cur2 rent Javelin and TOW systems to maximize effective3 ness and lethality in situations other than anti4 armor; 

5 (4) an analysis of the current family of Javelin 

6 and TOW warheads and specifically detail how they 

7 address threats other than armor; 

8 (5) an examination of the need for changes to 

9 current or development of additional warheads or a 

10 family of warheads to address threats other than 

11 armor; 

12 (6) a description of any missile system design 

13 changes required to integrate current missile systems 

14 with current manned ground systems; 

15 (7) a detailed and current analysis of the costs 

16 associated with the development of next-generation 

17 Javelin and TOW systems and additional warheads 

18 or family of warheads to address threats other than 

19 armor, integration costs for current vehicles, integra20 tion costs for future vehicles and possible efficiencies 

21 of developing and procuring these systems at low rate 

22 and full rate based on current system production; and 

23 (8) an analysis of the ability of the industrial 

24 base to support development and production of cur25 rent and future Javelin and TOW systems. 


tjames on PRODPC75 with BILLS
72 

•HR 2647 RH

1 (b) RESTRICTION ON USE OF FUNDS.—Of the amounts 

2 authorized to be appropriated under this Act for research, 

3 test, development, and evaluation for the Army, for missile 

4 and rocket advanced technology (program element 

5 0603313A), not more than 70 percent may be obligated or 

6 expended until the Secretary of the Army submits the report 

7 required by subsection (a). 

8 Subtitle E—Other Matters 

9 SEC. 241. ACCESS OF THE DIRECTOR OF THE TEST RE10 SOURCE MANAGEMENT CENTER TO DEPART11 MENT OF DEFENSE INFORMATION. 

12 Section 196 of title 10, United States Code, is amend13 ed— 

14 (1) by redesignating subsections (d) through (h) 

15 as subsections (e) through (i), respectively; and 

16 (2) by inserting after subsection (c) the following 

17 new subsection (d): 

18 ‘‘(h) ACCESS TO INFORMATION.—The Director shall 

19 have access to all records and data of the Department of 

20 Defense (including the records and data of each military 

21 department) that the Director considers necessary to review 

22 in order to carry out the duties of the Director under this 

23 section.’’. 


tjames on PRODPC75 with BILLS
73 

•HR 2647 RH

1 SEC. 242. INCLUSION IN ANNUAL BUDGET REQUEST AND 

2 FUTURE-YEARS DEFENSE PROGRAM OF SUF3 FICIENT AMOUNTS FOR CONTINUED DEVEL4 OPMENT AND PROCUREMENT OF COMPETI5 TIVE PROPULSION SYSTEM FOR F-35 LIGHT6 NING II. 

7 (a) ANNUAL BUDGET.—Chapter 9 of title 10, United 

8 States Code, is amended by adding at the end the following 

9 new section: 

10 ‘‘§ 235. Budget for competitive propulsion system for F11 35 Lightning II 

12 ‘‘(a) ANNUAL BUDGET.—Effective for the budget of the 

13 President submitted to Congress under section 1105(a) of 

14 title 31, United States Code, for fiscal year 2011 and each 

15 fiscal year thereafter, the Secretary of Defense shall include, 

16 in the materials submitted by the Secretary to the Presi17 dent, a request for such amounts as are necessary for the 

18 full funding of the continued development and procurement 

19 of a competitive propulsion system for the F-35 Lightning 

20 II. 

21 ‘‘(b) FUTURE-YEARS DEFENSE PROGRAM.—In each 

22 future-years defense program submitted to Congress under 

23 section 221 of this title, the Secretary of Defense shall ensure 

24 that the estimated expenditures and proposed appropria25 tions for the F-35 Lighting II, for each fiscal year of the 

26 period covered by that program, include sufficient amounts 


tjames on PRODPC75 with BILLS
74 

•HR 2647 RH

1 for the full funding of the continued development and pro2 curement of a competitive propulsion system for the F-35 

3 Lightning II. 

4 ‘‘(c) REQUIREMENT TO OBLIGATE AND EXPEND

5 FUNDS.—Of the amounts authorized to be appropriated for 

6 fiscal year 2010 or any year thereafter, for research, devel7 opment, test, and evaluation and procurement for the F8 35 Lightning II Program, the Secretary of Defense shall 

9 ensure the obligation and expenditure in each such fiscal 

10 year of sufficient annual amounts for the continued develop11 ment and procurement of two options for the propulsion 

12 system for the F-35 Lightning II in order to ensure the de13 velopment and competitive production for the propulsion 

14 system for the F-35 Lightning II.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections at 

16 the beginning of such chapter is amended by at the end the 

17 following new item: 

‘‘235. Budget for competitive propulsion system for F-35 Lightning II.’’. 

18 (c) CONFORMING REPEAL.—The National Defense Au19 thorization Act for Fiscal Year 2008 (Public Law 110-181) 

20 is amended by striking section 213. 


tjames on PRODPC75 with BILLS
75 

•HR 2647 RH

1 SEC. 243. ESTABLISHMENT OF PROGRAM TO ENHANCE PAR2 TICIPATION OF HISTORICALLY BLACK COL3 LEGES AND UNIVERSITIES AND MINORITY4 SERVING INSTITUTIONS IN DEFENSE RE5 SEARCH PROGRAMS. 

6 (a) PROGRAM ESTABLISHED.—Chapter 139 of title 10, 

7 United States Code, is amended by inserting after section 

8 2361 the following new section: 

9 ‘‘§ 2362. Research and educational programs and ac10 tivities: historically black colleges and 

11 universities and minority-serving institu12 tions of higher education 

13 ‘‘(a) PROGRAM ESTABLISHED.—The Secretary of De14 fense, acting through the Director of Defense Research and 

15 Engineering and the Secretary of each military depart16 ment, shall carry out a program to provide assistance to 

17 covered educational institutions to assist the Department 

18 in defense-related research, development, testing, and eval19 uation within the science, technology, engineering, and 

20 mathematics fields. 

21 ‘‘(b) PROGRAM OBJECTIVE.—The objective of the pro22 gram established under subsection (a) is to enhance science, 

23 technology, mathematics, and engineering research and edu24 cation at covered educational institutions. Such objective 

25 shall be accomplished through initiatives designed to— 


tjames on PRODPC75 with BILLS
76 

•HR 2647 RH

1 ‘‘(1) enhance research and educational capabili2 ties of the institutions in areas of science, technology, 

3 engineering, or mathematics that are important to 

4 national defense, as determined by the Secretary; 

5 ‘‘(2) encourage the participation of such institu6 tions in the research, development, testing, and eval7 uation programs and activities of the Department of 

8 Defense; 

9 ‘‘(3) increase the capacity of such institutions to 

10 contribute to the national security functions of the 

11 Department of Defense through participation in re12 search, development, testing, and evaluation programs 

13 and activities in which such institutions might not 

14 otherwise have the opportunity to participate; 

15 ‘‘(4) increase the number of graduates engaged in 

16 scientific, technological, mathematic, and engineering 

17 disciplines important to the national security func18 tions of the Department of Defense, as determined by 

19 the Secretary; 

20 ‘‘(5) conduct collaborative research and edu21 cational opportunities between such institutions and 

22 defense research facilities; 

23 ‘‘(6) encourage research and educational collabo24 rations between such institutions and other institu25 tions of higher education; or 


tjames on PRODPC75 with BILLS
77 

•HR 2647 RH

1 ‘‘(7) encourage research and educational collabo2 rations between such institutions and business enter3 prises that historically perform defense-related re4 search, development, testing and evaluation. 

5 ‘‘(c) ASSISTANCE PROVIDED.—Under the program es6 tablished by subsection (a), the Secretary of Defense may 

7 provide covered educational institutions with funding or 

8 technical assistance, including any of the following: 

9 ‘‘(1) The competitive awarding of grants, cooper10 ative agreements or contracts to establish Centers of 

11 Excellence for Research and Education in scientific 

12 disciplines important to national defense, as deter13 mined by the Secretary. 

14 ‘‘(2) The competitive awarding of undergraduate 

15 scholarships or graduate fellowships in support of re16 search in scientific disciplines important to national 

17 defense, as determined by the Secretary. 

18 ‘‘(3) The competitive awarding of grants, cooper19 ative agreements, or contracts for research in areas of 

20 science, technology, engineering, and mathematics 

21 that are important to national defense, as determined 

22 by the Secretary. 

23 ‘‘(4) The competitive awarding of grants, cooper24 ative agreements, or contracts for the acquisition of 

25 equipment or instrumentation necessary for the conVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
78 

•HR 2647 RH

1 duct of research, development, testing, evaluation or 

2 educational enhancements in scientific disciplines im3 portant to national defense, as determined by the Sec4 retary. 

5 ‘‘(5) Support to assist in attraction and reten6 tion of faculty in scientific disciplines critical to the 

7 national security functions of the Department of De8 fense. 

9 ‘‘(6) Making Department of Defense personnel 

10 available to advise and assist faculty at such institu11 tions in the performance of defense research in sci12 entific disciplines critical to the national security 

13 functions of the Department of Defense. 

14 ‘‘(7) Establishing partnerships between defense 

15 laboratories and such institutions to encourage in16 volvement of faculty and students in scientific re17 search important to the national security functions of 

18 the Department of Defense. 

19 ‘‘(8) Encouraging the establishment of a pro20 gram or programs creating partnerships between such 

21 institutions and corporations that have routinely been 

22 awarded research, development, testing, or evaluation 

23 contracts by the Secretary of Defense for the purpose 

24 of involving faculty and students in scientific research 


tjames on PRODPC75 with BILLS
79 

•HR 2647 RH

1 critical to the national security functions of the De2 partment of Defense. 

3 ‘‘(9) Encouraging the establishment of a pro4 gram or programs creating partnerships between such 

5 institutions and other institutions of higher education 

6 that have experience in conducting research, develop7 ment, testing, or evaluation programs with the De8 partment of Defense for the purpose of involving fac9 ulty and students in scientific research critical to the 

10 national security functions of the Department of De11 fense. 

12 ‘‘(10) Other such non-monetary assistance in 

13 support of defense research as the Secretary finds ap14 propriate to enhance science, mathematics, or engi15 neering programs at such institutions, which may be 

16 provided directly through the Department of Defense 

17 or through contracts or other agreements entered into 

18 by the Secretary with private-sector entities that have 

19 experience and expertise in the development and de20 livery of technical assistance services to such institu21 tions. 

22 ‘‘(d) DEFINITION OF COVERED EDUCATIONAL INSTITU23 TION.—In this section the term ‘covered educational institu24 tion’ means an institution of higher education eligible for 


tjames on PRODPC75 with BILLS
80 

•HR 2647 RH

1 assistance under title III or V of the Higher Education Act 

2 of 1965 (20 U.S.C. 1051 et seq.).’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections at 

4 the beginning of such chapter is amended by inserting after 

5 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.’’. 

6 SEC. 244. EXTENSION OF AUTHORITY TO AWARD PRIZES 

7 FOR ADVANCED TECHNOLOGY ACHIEVE8 MENTS. 

9 Subsection (f) of section 2374a of title 10, United 

10 States Code, is amended by striking ‘‘September 30, 2010’’ 

11 and inserting ‘‘September 30, 2013’’. 

12 SEC. 245. EXECUTIVE AGENT FOR ADVANCED ENERGETICS. 

13 (a) EXECUTIVE AGENT.—Not later than 90 days after 

14 the date of the enactment of this Act, the Secretary of De15 fense shall designate a senior official of the Department of 

16 Defense to act as the executive agent for advanced 

17 energetics. 

18 (b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.— 

19 (1) ESTABLISHMENT.—Not later than one year 

20 after the date of the enactment of this Act, and in ac21 cordance with Directive 5101.1, the Secretary of De22 fense shall prescribe the roles, responsibilities, and au23 thorities of the executive agent designated under sub24 section (a). 


tjames on PRODPC75 with BILLS
81 

•HR 2647 RH

1 (2) SPECIFICATION.—The roles and responsibil2 ities of the executive agent designated under sub3 section (a) shall include each of the following: 

4 (A) Assessment of the current state of, and 

5 advances in, research, development, and manu6 facturing technology of energetic materials in 

7 both foreign countries and the United States. 

8 (B) Development of strategies to address 

9 matters identified as a result of the assessment 

10 described in subparagraph (A). 

11 (C) Development of recommended funding 

12 strategies to retain sufficient explosive domestic 

13 production capacity, continue the development of 

14 innovative munitions, and recruit the next gen15 eration of scientists and engineers of advanced 

16 energetics. 

17 (D) Recommending changes to strengthen 

18 the energetic capabilities of the Department of 

19 Defense. 

20 (E) Such other roles and responsibilities as 

21 the Secretary of Defense considers appropriate. 

22 (c) SUPPORT WITHIN DEPARTMENT OF DEFENSE.— 

23 In accordance with Directive 5101.1, the Secretary of De24 fense shall ensure that the military departments, Defense 

25 Agencies, and other components of the Department of DeVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
82 

•HR 2647 RH

1 fense provide the executive agent designated under sub2 section (a) with the appropriate support and resources 

3 needed to perform the roles, responsibilities, and authorities 

4 of the executive agent. 

5 (d) DEFINITIONS.—In this section: 

6 (1) The term ‘‘Directive 5101.1’’ means Depart7 ment of Defense Directive 5101.1, dated September 3, 

8 2002, or any successor directive relating to the re9 sponsibilities of an executive agent of the Department 

10 of Defense. 

11 (2) The term ‘‘executive agent’’ had the meaning 

12 given the term ‘‘DoD Executive Agent’’ in Directive 

13 5101.1. 

14 SEC. 246. STUDY ON THORIUM-LIQUID FUELED REACTORS 

15 FOR NAVAL FORCES. 

16 (a) STUDY REQUIRED.—The Secretary of Defense and 

17 the Chairman of the Joint Chiefs of Staff shall jointly carry 

18 out a study on the use of thorium-liquid fueled nuclear reac19 tors for naval power needs pursuant to section 1012, of the 

20 National Defense Authorization Act for Fiscal Year 2008 

21 (Public Law 110-181; 122 Stat. 303). 

22 (b) CONTENTS OF STUDY.—In carrying out the study 

23 required under subsection (a), the Secretary of Defense and 

24 the Chairman of the Joint Chiefs of Staff shall, with respect 


tjames on PRODPC75 with BILLS
83 

•HR 2647 RH

1 to naval power requirements for the Navy strike and am2 phibious force— 

3 (1) compare and contrast thorium-liquid fueled 

4 reactor concept to the 2005 Quick Look, 2006 Navy 

5 Alternative Propulsion Study, and the navy CG(X) 

6 Analysis of Alternatives study; 

7 (2) identify the benefits to naval operations 

8 which thorium-liquid fueled nuclear reactors or ura9 nium reactors would provide to major surface combat10 ants compared to conventionally fueled ships, includ11 ing such benefits with respect to— 

12 (A) fuel cycle, from mining to waste dis13 posal; 

14 (B) security of fuel supply; 

15 (C) power needs for advanced weapons and 

16 sensors; 

17 (D) safety of operation, waste handling and 

18 disposal, and proliferation issues compared to 

19 uranium reactors; 

20 (E) no requirement to refuel and reduced lo21 gistics; 

22 (F) ship upgrades and retrofitting; 

23 (G) reduced manning; 

24 (H) global range at flank speed, greater for25 ward presence, and extended combat operations; 


tjames on PRODPC75 with BILLS
84 

•HR 2647 RH

1 (I) power for advanced sensors and weap2 ons, including electromagnetic guns and lasers; 

3 (J) survivability due to increased perform4 ance and reduced signatures; 

5 (K) high power density propulsion; 

6 (L) operational tempo; 

7 (M) operational effectiveness; and 

8 (N) estimated cost-effectiveness; and 

9 (3) conduct a ROM cost-effectiveness comparison 

10 of nuclear reactors in use by the Navy as of the date 

11 of the enactment of this Act, thorium-liquid fueled re12 actors, and conventional fueled major surface combat13 ants, which shall include a comparison of— 

14 (A) security, safety, and infrastructure costs 

15 of fuel supplies; 

16 (B) nuclear proliferation issues; 

17 (C) reactor safety; 

18 (D) nuclear fuel safety, waste handling, and 

19 storage; 

20 (E) power requirements and distribution for 

21 sensors, weapons, and propulsion; and 

22 (F) capabilities to fully execute the Navy 

23 Maritime Strategic Concept. 

24 (c) REPORT.—Not later than February 1, 2011, the 

25 Secretary of Defense and the Chairman of the Joint Chiefs 


tjames on PRODPC75 with BILLS
85 

•HR 2647 RH

1 of Staff shall jointly submit to the congressional defense 

2 committees a report on the results of the study required 

3 under subsection (a). 

4 SEC. 247. VISITING NIH SENIOR NEUROSCIENCE FELLOW5 SHIP PROGRAM. 

6 (a) AUTHORITY TO ESTABLISH.—The Secretary of De7 fense may establish a program to be known as the Visiting 

8 NIH Senior Neuroscience Fellowship Program at— 

9 (1) the Defense Advanced Research Projects 

10 Agency; and 

11 (2) the Defense Center of Excellence for Psycho12 logical Health and Traumatic Brain Injury. 

13 (b) ACTIVITIES OF THE PROGRAM.—In establishing the 

14 Visiting NIH Senior Neuroscience Fellowship Program 

15 under subsection (a), the Secretary shall require the pro16 gram to— 

17 (1) provide a partnership between the National 

18 Institutes of Health and the Defense Advanced Re19 search Projects Agency to enable identification and 

20 funding of the broadest range of innovative, highest 

21 quality clinical and experimental neuroscience studies 

22 for the benefit of members of the Armed Forces; 

23 (2) provide a partnership between the National 

24 Institutes of Health and the Defense Center of Excel25 lence for Psychological Health and Traumatic Brain 


tjames on PRODPC75 with BILLS
86 

•HR 2647 RH

1 Injury that will enable identification and funding of 

2 clinical and experimental neuroscience studies for the 

3 benefit of members of the Armed Forces; 

4 (3) use the results of the studies described in 

5 paragraph (1) and (2) to enhance the mission of the 

6 National Institutes of Health for the benefit of the 

7 public; and 

8 (4) provide a military and civilian collaborative 

9 environment for neuroscience-based medical problem10 solving in critical areas affecting both military and 

11 civilian life, particularly post-traumatic stress dis12 order. 

13 (c) PERIOD OF FELLOWSHIP.—The period of any fel14 lowship under the Program shall not last more than 2 years 

15 and shall not continue unless agreed upon by the parties 

16 concerned. 

17 TITLE III—OPERATION AND 

18 MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

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. 


tjames on PRODPC75 with BILLS
87 

•HR 2647 RH

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

connection with the Former Nansemond Ordnance Depot Site, 

Suffolk, Virginia. 

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. Inclusion of installation of major modifications in definition of depotlevel maintenance and repair. 

Sec. 324. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. 

Sec. 325. Cost-benefit analysis of alternatives for performance of planned maintenance interval events and concurrent modifications performed on 

the AV-8B Harrier weapons system. 

Sec. 326. Termination of certain public-private competitions for conversion of Department of Defense functions to performance by a contractor. 

Sec. 327. Temporary suspension of public-private competitions for conversion of 

Department of Defense functions to performance by a contractor. 

Sec. 328. Requirement for debriefings related to conversion of functions from performance by Federal employees to performance by a contractor. 

Sec. 329. 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. 

Subtitle D—Energy Security 

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

Sec. 332. Report on implementation of Comptroller General recommendations on 

fuel demand management at forward-deployed locations. 

Sec. 333. Consideration of renewable fuels. 

Sec. 334. Department of Defense goal regarding procurement of renewable aviation fuels. 

Subtitle E—Reports 

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

Subtitle F—Other Matters 

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

non-Department of Defense Federal cargoes. 

Sec. 352. Requirements for standard ground combat uniform. 

Sec. 353. Restriction on use of funds for counterthreat finance efforts. 

Sec. 354. Limitation on obligation of funds pending submission of classified justification material. 

Sec. 355. Condition-based maintenance demonstration programs. 


tjames on PRODPC75 with BILLS
88 

•HR 2647 RH

1 Subtitle A—Authorization of 

2 Appropriations 

3 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2010 for the use of the Armed Forces and other 

6 activities and agencies of the Department of Defense for ex7 penses, not otherwise provided for, for operation and main8 tenance, in amounts as follows: 

9 (1) For the Army, $31,398,432,000. 

10 (2) For the Navy, $35,330,997,000. 

11 (3) For the Marine Corps, $5,570,823,000. 

12 (4) For the Air Force, $34,451,654,000. 

13 (5) For Defense-wide activities, $29,016,532,000. 

14 (6) For the Army Reserve, $2,572,196,000. 

15 (7) For the Naval Reserve, $1,292,501,000. 

16 (8) For the Marine Corps Reserve, $228,925,000. 

17 (9) For the Air Force Reserve, $3,088,528,000. 

18 (10) For the Army National Guard, 

19 $6,268,884,000. 

20 (11) For the Air National Guard, 

21 $5,919,461,000. 

22 (12) For the United States Court of Appeals for 

23 the Armed Forces, $13,932,000. 

24 (13) For the Acquisition Development Workforce 

25 Fund, $100,000,000. 


tjames on PRODPC75 with BILLS
89 

•HR 2647 RH

1 (14) For Environmental Restoration, Army, 

2 $415,864,000. 

3 (15) For Environmental Restoration, Navy, 

4 $285,869,000. 

5 (16) For Environmental Restoration, Air Force, 

6 $494,276,000. 

7 (17) For Environmental Restoration, Defense8 wide, $11,100,000. 

9 (18) For Environmental Restoration, Formerly 

10 Used Defense Sites, $267,700,000. 

11 (19) For Overseas Humanitarian, Disaster, and 

12 Civic Aid programs, $109,869,000. 

13 (20) For Cooperative Threat Reduction pro14 grams, $434,093,000. 

15 (21) For the Overseas Contingency Operations 

16 Transfer Fund, $5,000,000. 

17 Subtitle B—Environmental 

18 Provisions 

19 SEC. 311. CLARIFICATION OF REQUIREMENT FOR USE OF 

20 AVAILABLE FUNDS FOR DEPARTMENT OF DE21 FENSE PARTICIPATION IN CONSERVATION 

22 BANKING PROGRAMS. 

23 Section 2694c of title 10, United States Code, is 

24 amended— 


tjames on PRODPC75 with BILLS
90 

•HR 2647 RH

1 (1) in subsection (a), by striking ‘‘to carry out 

2 this section’’; 

3 (2) by redesignating subsection (d) as subsection 

4 (e); and 

5 (3) by inserting after subsection (c) the following 

6 new subsection (d): 

7 ‘‘(d) SOURCE OF FUNDS.—(1) Amounts described in 

8 paragraph (2) shall be available for activities under this 

9 section. 

10 ‘‘(2) Amounts described in this paragraph are 

11 amounts available for any of the following: 

12 ‘‘(A) Operation and maintenance. 

13 ‘‘(B) Military construction. 

14 ‘‘(C) Research, development, test, and evaluation. 

15 ‘‘(D) The Support for United States Relocation 

16 to Guam Account established under section 2824 of 

17 the Duncan Hunter National Defense Authorization 

18 Act for Fiscal Year 2009 (Public Law 110-417; 122 

19 Stat. 4730; 10 U.S.C. 2687 note).’’. 

20 SEC. 312. REAUTHORIZATION OF TITLE I OF SIKES ACT. 

21 (a) REAUTHORIZATION.—Section 108 of the Sikes Act 

22 (16 U.S.C. 670f) is amended by striking ‘‘fiscal years 2004 

23 through 2008’’ each place it appears and inserting ‘‘fiscal 

24 years 2010 through 2015’’. 


tjames on PRODPC75 with BILLS
91 

•HR 2647 RH

1 (b) CLARIFICATION OF AUTHORIZATIONS.—Such sec2 tion is further amended— 

3 (1) in subsection (b), by striking ‘‘There are au4 thorized’’ and inserting ‘‘Of the amounts authorized 

5 to be appropriated to the Department of Defense, 

6 there are authorized’’; and 

7 (2) in subsection (c), by striking ‘‘There are au8 thorized’’ and inserting ‘‘Of the amounts authorized 

9 to be appropriated to the Department of the Interior, 

10 there are authorized’’. 

11 SEC. 313. AUTHORITY OF SECRETARY OF A MILITARY DE12 PARTMENT TO ENTER INTO INTERAGENCY 

13 AGREEMENTS FOR LAND MANAGEMENT ON 

14 DEPARTMENT OF DEFENSE INSTALLATIONS. 

15 (a) AUTHORITY.—Section 103 of the Sikes Act (16 

16 U.S.C. 670c-1) is amended— 

17 (1) in subsection (a)— 

18 (A) by inserting after ‘‘and individuals’’ the 

19 following: ‘‘, and into interagency agreements 

20 with the heads of other Federal departments and 

21 agencies,’’; and 

22 (B) in paragraph (2), by inserting ‘‘or 

23 interagency agreement’’ after ‘‘cooperative agree24 ment’’; 


tjames on PRODPC75 with BILLS
92 

•HR 2647 RH

1 (2) in subsection (b), by inserting ‘‘or inter2 agency agreement’’ after ‘‘cooperative agreement’’; 

3 and 

4 (3) in subsection (c), by inserting ‘‘and inter5 agency agreements’’ after ‘‘cooperative agreements’’ 

6 the first place it appears. 

7 (b) CLERICAL AMENDMENTS.—The heading for such 

8 section is amended by inserting ‘‘AND INTERAGENCY’’ 

9 after ‘‘COOPERATIVE’’and the table of contents for such 

10 Act is conformed accordingly. 

11 SEC. 314. REAUTHORIZATION OF PILOT PROGRAM FOR 

12 INVASIVE SPECIES MANAGEMENT FOR MILI13 TARY INSTALLATIONS IN GUAM. 

14 Section 101(g)(1) of the Sikes Act (16 U.S.C. 

15 670a(g)(1)) is amended by striking ‘‘fiscal years 2004 

16 through 2008’’ and inserting ‘‘fiscal years 2010 through 

17 2015’’. 

18 SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTEC19 TION AGENCY FOR CERTAIN COSTS IN CON20 NECTION WITH THE FORMER NANSEMOND 

21 ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 

22 (a) AUTHORITY TO REIMBURSE.— 

23 (1) TRANSFER AMOUNT.—Using funds described 

24 in subsection (b) and notwithstanding section 2215 of 

25 title 10, United States Code, the Secretary of Defense 


tjames on PRODPC75 with BILLS
93 

•HR 2647 RH

1 may transfer not more than $68,623 during fiscal 

2 year 2010 to the Former Nansemond Ordnance Depot 

3 Site Special Account, within the Hazardous Sub4 stance Superfund. 

5 (2) PURPOSE OF REIMBURSEMENT.—The pay6 ment under paragraph (1) is final payment to reim7 burse the Environmental Protection Agency for all 

8 costs incurred in overseeing a time critical removal 

9 action performed by the Department of Defense under 

10 the Defense Environmental Restoration Program for 

11 ordnance and explosive safety hazards at the Former 

12 Nansemond Ordnance Depot Site, Suffolk, Virginia. 

13 (3) INTERAGENCY AGREEMENT.—The reimburse14 ment described in paragraph (2) is provided for in an 

15 interagency agreement entered into by the Depart16 ment of the Army and the Environmental Protection 

17 Agency for the Former Nansemond Ordnance Depot 

18 Site in December 1999. 

19 (b) SOURCE OF FUNDS.—Any payment under sub20 section (a) shall be made using funds authorized to be ap21 propriated by section 301(17) of this Act for operation and 

22 maintenance for Environmental Restoration, Formerly 

23 Used Defense Sites. 

24 (c) USE OF FUNDS.—The Environmental Protection 

25 Agency shall use the amount transferred under subsection 


tjames on PRODPC75 with BILLS
94 

•HR 2647 RH

1 (a) to pay costs incurred by the agency at the Former 

2 Nansemond Ordnance Depot Site. 

3 Subtitle C—Workplace and Depot 

4 Issues 

5 SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BE6 FORE CONVERSION OF ANY DEPARTMENT OF 

7 DEFENSE FUNCTION PERFORMED BY CIVIL8 IAN EMPLOYEES TO CONTRACTOR PERFORM9 ANCE. 

10 (a) REQUIREMENT.—Section 2461(a)(1) of title 10, 

11 United States Code, is amended— 

12 (1) by striking ‘‘A function’’ and inserting ‘‘No 

13 function’’; 

14 (2) by striking ‘‘10 or more’’; and 

15 (3) by striking ‘‘may not be converted’’ and in16 serting ‘‘may be converted’’. 

17 (b) EFFECTIVE DATE.—The amendments made by sub18 section (a) shall apply with respect to a function for which 

19 a public-private competition is commenced on or after the 

20 date of the enactment of this Act. 

21 SEC. 322. TIME LIMITATION ON DURATION OF PUBLIC-PRI22 VATE COMPETITIONS. 

23 (a) TIME LIMITATION.—Section 2461(a) of title 10, 

24 United States Code, is amended by adding at the end the 

25 following new paragraph: 


tjames on PRODPC75 with BILLS
95 

•HR 2647 RH

1 ‘‘(5)(A) The duration of a public-private competition 

2 conducted pursuant to Office of Management and Budget 

3 Circular A–76 or any other provision of law for any func4 tion of the Department of Defense performed by Department 

5 of Defense civilian employees may not exceed a period of 

6 540 days, commencing on the date on which the prelimi7 nary planning for the public-private competition begins 

8 through the date on which a performance decision is ren9 dered with respect to the function. 

10 ‘‘(B) The time period specified in subparagraph (A) 

11 for a public-private competition does not include any day 

12 during which the public-private competition is delayed by 

13 reason of a protest before the Government Accountability 

14 Office or the United States Court of Federal Claims unless 

15 the Secretary of Defense determines that the delay is caused 

16 by issues being raised during the appellate process that were 

17 not previously raised during the competition. 

18 ‘‘(C) In this paragraph, the term ‘preliminary plan19 ning’ with respect to a public-private competition means 

20 any action taken to carry out any of the following activi21 ties: 

22 ‘‘(i) Determining the scope of the competition. 

23 ‘‘(ii) Conducting research to determine the ap24 propriate grouping of functions for the competition. 


tjames on PRODPC75 with BILLS
96 

•HR 2647 RH

1 ‘‘(iii) Assessing the availability of workload 

2 data, quantifiable outputs of functions, and agency or 

3 industry performance standards applicable to the 

4 competition. 

5 ‘‘(iv) Determining the baseline cost of any func6 tion for which the competition is conducted.’’. 

7 (b) EFFECTIVE DATE.—Paragraph (5) of section 

8 2461(a) of title 10, United States Code, as added by sub9 section (a), shall apply with respect to a public-private 

10 competition covered by such section that is being conducted 

11 on or after the date of the enactment of this Act. 

12 SEC. 323. INCLUSION OF INSTALLATION OF MAJOR MODI13 FICATIONS IN DEFINITION OF DEPOT-LEVEL 

14 MAINTENANCE AND REPAIR. 

15 Section 2460 of title 10, United States Code, is amend16 ed in the second sentence— 

17 (1) by striking ‘‘and’’ before ‘‘(2)’’; and 

18 (2) by inserting before the period at the end the 

19 following: ‘‘, and (3) the installation of major modi20 fications, including performance or safety modifica21 tions’’. 


tjames on PRODPC75 with BILLS
97 

•HR 2647 RH

1 SEC. 324. MODIFICATION OF AUTHORITY FOR ARMY INDUS2 TRIAL FACILITIES TO ENGAGE IN COOPERA3 TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 

4 The second sentence of section 4544(a) of title 10, 

5 United States Code, is amended by inserting before the pe6 riod at the end the following: ‘‘in addition to the contracts 

7 and cooperative agreements in effect as of the date of the 

8 enactment of the National Defense Authorization Act for 

9 Fiscal Year 2008 (Public Law 110-181)’’. 

10 SEC. 325. COST-BENEFIT ANALYSIS OF ALTERNATIVES FOR 

11 PERFORMANCE OF PLANNED MAINTENANCE 

12 INTERVAL EVENTS AND CONCURRENT MODI13 FICATIONS PERFORMED ON THE AV-8B HAR14 RIER WEAPONS SYSTEM. 

15 (a) COST-BENEFIT ANALYSIS REQUIRED.—The Sec16 retary of the Navy, in consultation with the Commandant 

17 of the Marine Corps, shall carry out a thorough economic 

18 analysis of the costs and benefits associated with each alter19 native the Secretary is considering for the performance of 

20 planned maintenance interval events and concurrent or 

21 stand alone modifications performed on the AV-8B Harrier 

22 weapons system. Such analysis shall be performed in ac23 cordance with Department of Defense Instruction 7043.1, 

24 entitled ‘‘Economic Analysis for Decisionmaking’’, and Of25 fice of Management and Budget Circular A-94, entitled 

26 ‘‘Guidelines and Discount Rates for Benefit-Cost Analysis 


tjames on PRODPC75 with BILLS
98 

•HR 2647 RH

1 of Federal Programs’’ and dated October 29, 1992, and, for 

2 each such alternative, shall include an assessment of the fol3 lowing: 

4 (1) The effect of the loss of workload on organic 

5 depot labor rates associated with each alternative. 

6 (2) The effect on the depot net operating result 

7 for each such alternative. 

8 (3) The effect on long-term sustainment of depot9 level capabilities for future support of core workload 

10 throughout the life cycle of the AV8B Harrier weap11 ons system. 

12 (4) The risk to readiness, the aviation safety 

13 risk, and the enterprise-wide financial risk associated 

14 with each such alternative. 

15 (b) REPORT REQUIRED.—Not later than 180 days 

16 after the date of the enactment of this Act, the Secretary 

17 of the Navy shall submit to the congressional defense com18 mittees a report on the cost-benefit analysis required in sub19 section (a). The report shall include each of the following: 

20 (1) The criteria and rationale used to classify 

21 work as organization-level maintenance or depot-level 

22 maintenance. 

23 (2) An explanation of the core logistics capabili24 ties and associated workload requirements for the AV25 8B weapons system, including an explanation of how 


tjames on PRODPC75 with BILLS
99 

•HR 2647 RH

1 such requirements were determined and rationale for 

2 classifying the planned maintenance interval events 

3 and concurrent or stand alone modifications on the 

4 AV-8B as above core workload. 

5 (3) An assessment of the effects of proposed work6 load transfer on the Department of the Navy’s divi7 sion of depot maintenance funding between public 

8 and private sectors in accordance with section 

9 2466(a) of title 10, United States Code. 

10 (c) PROHIBITION ON CONTRACTING ACTIVITIES.—The 

11 Secretary of the Navy may not enter into a contract for 

12 the performance of planned maintenance interval events or 

13 associated depot-level maintenance activities, including 

14 concurrent or stand alone modifications, by non-Federal 

15 Government personnel until 90 days after the date on which 

16 the Secretary completes the assessment required under sub17 section (a) and submits the report required under subsection 

18 (b). 

19 SEC. 326. TERMINATION OF CERTAIN PUBLIC-PRIVATE COM20 PETITIONS FOR CONVERSION OF DEPART21 MENT OF DEFENSE FUNCTIONS TO PERFORM22 ANCE BY A CONTRACTOR. 

23 (a) TEMPORARY SUSPENSION OF PENDING STUD24 IES.—The Secretary of Defense shall halt all pending pub25 lic-private competitions being conducted pursuant to secVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
100 

•HR 2647 RH

1 tion 2461 of title 10, United States Code, or Office of Man2 agement and Budget Circular A-76 that had not resulted 

3 in conversion to performance to a contractor as of March 

4 26, 2009, until such time as the Secretary may review such 

5 competitions. 

6 (b) REVIEW AND APPROVAL PROCESS.— 

7 (1) REVIEW REQUIRED.—Before recommencing 

8 any pending study for a public-private competition 

9 halted under subsection (a), the Secretary of Defense 

10 shall review all the studies halted by reason of that 

11 subsection and take the following actions with respect 

12 to each such study: 

13 (A) Describe the methodology and data 

14 sources along with outside resources to gather 

15 and analyze information necessary to estimate 

16 cost savings. 

17 (B) Certify that the estimated savings are 

18 still achievable. 

19 (C) Document the rationale for rejecting an 

20 individual command’s request to cancel, defer, or 

21 reduce the scope of a decision to conduct the 

22 study. 

23 (D) Consider alternatives to the study that 

24 would provide savings and improve performance 

25 such as internal reorganizations. 


tjames on PRODPC75 with BILLS
101 

•HR 2647 RH

1 (E) Include any other relevant information 

2 to justify recommencement of the study. 

3 (2) TERMINATION OF CERTAIN STUDIES.—The 

4 Secretary of Defense shall terminate any study for a 

5 public-private competition that has been conducted 

6 for longer than 18 months (beginning with prelimi7 nary planning and ending with the exhaustion of 

8 General Accountability Office protests), or submit to 

9 Congress a written justification for continuing of the 

10 study. 

11 (c) CONGRESSIONAL NOTIFICATION.—The Secretary of 

12 Defense may not recommence a study halted pursuant to 

13 subsection (a) until the Secretary submits to Congress a re14 port describing the actions taken by the Secretary under 

15 paragraphs (1) and (2) of subsection (b). 

16 SEC. 327. TEMPORARY SUSPENSION OF PUBLIC-PRIVATE 

17 COMPETITIONS FOR CONVERSION OF DE18 PARTMENT OF DEFENSE FUNCTIONS TO PER19 FORMANCE BY A CONTRACTOR. 

20 During the period beginning on the date of the enact21 ment of this Act and ending on September 30, 2012, no 

22 study or competition regarding the conversion to perform23 ance by a contractor of any Department of Defense function 

24 may be begun or announced pursuant to 2461 of title 10, 


tjames on PRODPC75 with BILLS
102 

•HR 2647 RH

1 United States Code, or otherwise pursuant to Office of Man2 agement and Budget Circular A-76. 

3 SEC. 328. REQUIREMENT FOR DEBRIEFINGS RELATED TO 

4 CONVERSION OF FUNCTIONS FROM PER5 FORMANCE BY FEDERAL EMPLOYEES TO PER6 FORMANCE BY A CONTRACTOR. 

7 The Administrator for Federal Procurement Policy 

8 shall revise the Federal Acquisition Regulation to allow for 

9 pre-award and post-award debriefings of Federal employee 

10 representatives in the case of a conversion of any function 

11 from performance by Federal employees to performance by 

12 a contractor. Such debriefings will conform to the require13 ments of section 2305(b)(6)(A) of title 10, United States 

14 Code, section 303B(f) of the Federal Property and Adminis15 trative Services Act of 1949 (41 U.S.C. 253b(f)), and sub16 parts 15.505 and 15.506 (as in effect on the date of the 

17 enactment of this Act ) of the Federal Acquisition Regula18 tion. 

19 SEC. 329. AMENDMENTS TO BID PROTEST PROCEDURES BY 

20 FEDERAL EMPLOYEES AND AGENCY OFFI21 CIALS IN CONVERSIONS OF FUNCTIONS FROM 

22 PERFORMANCE BY FEDERAL EMPLOYEES TO 

23 PERFORMANCE BY A CONTRACTOR. 

24 (a) PROTEST JURISDICTION OF THE COMPTROLLER

25 GENERAL.—Section 3551(1) of title 31, United States Code, 


tjames on PRODPC75 with BILLS
103 

•HR 2647 RH

1 is amended by adding at the end the following new subpara2 graph: 

3 ‘‘(E) Conversion of a function that is being 

4 performed by Federal employees to private sector 

5 performance.’’. 

6 (b) ELIGIBILITY TO PROTEST PUBLIC-PRIVATE COM7 PETITIONS.—Clause (i) of paragraph (2)(B) of section 3551 

8 of title 31, United States Code, is amended to read as fol9 lows: 

10 ‘‘(i) any official who is responsible for 

11 submitting the agency tender in such com12 petition; and’’. 

13 (c) PREJUDICE TO FEDERAL EMPLOYEES.— 

14 (1) IN GENERAL.—Section 3557 of title 31, 

15 United States Code, is amended— 

16 (A) by inserting ‘‘(A) EXPEDITED AC17 TION.—’’ before ‘‘For any protest’’; and 

18 (B) by adding at the end the following new 

19 subsection: 

20 ‘‘(b) INJURY TO FEDERAL EMPLOYEES.—In the case 

21 of a protest filed by an interested party described in sub22 paragraph (B) of section 3551(2) of this title, a showing 

23 that a Federal employee has been displaced from performing 

24 a function or part thereof, and that function is being per25 formed by the private sector, is sufficient evidence that a 


tjames on PRODPC75 with BILLS
104 

•HR 2647 RH

1 conversion has occurred resulting in concrete injury and 

2 prejudice to the Federal employee as a consequence of agen3 cy action.’’. 

4 (2) CONFORMING AND CLERICAL AMENDMENTS.— 

5 (A) The heading of section 3557 of such title 

6 is amended to read as follows: 

7 ‘‘§ 3557. Protests of public-private competitions’’. 

8 (B) The item relating to section 3557 in the 

9 table of sections at the beginning of chapter 35 

10 of such title is amended to read as follows: 

‘‘3557. Protests of public-private competitions.’’. 

11 (d) DECISIONS ON PROTESTS.—Section 3554(b) of 

12 title 31, United States Code, is amended— 

13 (1) by redesignating subparagraphs (F) and (G) 

14 as subparagraphs (G) and (H), respectively; 

15 (2) by inserting after subparagraph (E) the fol16 lowing new subparagraph (F): 

17 ‘‘(F) cancel the solicitation issued pursuant 

18 to the public-private competition conducted 

19 under Office of Management and Budget Cir20 cular A-76 or any successor circular;’’; and 

21 (3) in subparagraph (G), as redesignated by 

22 paragraph (1), by striking ‘‘, and (E)’’ an inserting 

23 ‘‘, (E), and (G)’’. 

24 (e) APPLICABILITY.—The amendments made by this 

25 section shall apply— 


tjames on PRODPC75 with BILLS
105 

•HR 2647 RH

1 (1) to any protest or civil action that relates to 

2 a public-private competition conducted after the date 

3 of the enactment of this Act under Office of Manage4 ment and Budget Circular A-76, or any successor cir5 cular; or 

6 (2) to a decision made after the date of the en7 actment of this Act to convert a function performed 

8 by Federal employees to private sector performance 

9 without a competition under Office of Management 

10 and Budget Circular A-76. 

11 Subtitle D—Energy Security 

12 SEC. 331. AUTHORIZATION OF APPROPRIATIONS FOR DI13 RECTOR OF OPERATIONAL ENERGY. 

14 Of the amounts authorized to be appropriated for Op15 eration and Maintenance, Defense-wide, $5,000,000 is for 

16 the Director of Operational Energy Plans and Programs 

17 to carry out the duties prescribed for the Director under 

18 section 139b of title 10, United States Code, to be made 

19 available upon the confirmation of an individual to serve 

20 as the Director of Operational Energy Plans and Programs. 


tjames on PRODPC75 with BILLS
106 

•HR 2647 RH

1 SEC. 332. REPORT ON IMPLEMENTATION OF COMPTROLLER 

2 GENERAL RECOMMENDATIONS ON FUEL DE3 MAND MANAGEMENT AT FORWARD-DE4 PLOYED LOCATIONS. 

5 Not later than February 1, 2010, the Director of Oper6 ational Energy Plans and Programs of the Department of 

7 Defense (or, in the event that no individual has been con8 firmed as the Director, the Secretary of Defense) shall sub9 mit to the Committees on Armed Services of the Senate and 

10 House of Representatives a report on any specific actions 

11 that have been taken to implement the following three rec12 ommendations made by the Comptroller General: 

13 (1) The recommendation that each of the combat14 ant commanders establish requirements for managing 

15 fuel demand at forward-deployed locations within 

16 their respective areas of responsibility. 

17 (2) The recommendation that the head of each 

18 military department develop guidance to implement 

19 such requirements. 

20 (3) The recommendation that the Chairman of 

21 the Joint Chiefs of Staff require that fuel demand 

22 considerations be incorporated into the Joint Staff’s 

23 initiative to develop joint standards of life support at 

24 forward-deployed locations. 


tjames on PRODPC75 with BILLS
107 

•HR 2647 RH

1 SEC. 333. CONSIDERATION OF RENEWABLE FUELS. 

2 (a) IN GENERAL.—The Secretary of Defense shall con3 sider renewable fuels, including domestically produced 

4 algae-based, biodiesel, and biomass-derived fuels, for testing, 

5 certification, and use in aviation, maritime, and ground 

6 transportation fleets. 

7 (b) REPORT.—Not later than February 1, 2010, the 

8 Secretary of Defense shall submit to the Committees on 

9 Armed Services of the Senate and House of Representatives 

10 a report on the Secretary’s consideration of renewable fuels 

11 that includes each of the following: 

12 (1) An assessment of the use of renewable fuels, 

13 including domestically produced algae-based, bio14 diesel, and biomass-derived fuels, as alternative fuels 

15 in aviation, maritime, and ground transportation 

16 fleets (including tactical vehicles and applications). 

17 Such assessment shall include technical, logistical, 

18 and policy considerations. 

19 (2) An assessment of whether it would be bene20 ficial to establish a renewable fuel commodity class 

21 that is distinct from petroleum-based products. 


tjames on PRODPC75 with BILLS
108 

•HR 2647 RH

1 SEC. 334. DEPARTMENT OF DEFENSE GOAL REGARDING 

2 PROCUREMENT OF RENEWABLE AVIATION 

3 FUELS. 

4 (a) Subchapter II of chapter 173 of title 10, United 

5 States Code, is amended by adding at the end the following 

6 new section: 

7 ‘‘§ 2922g. Goal regarding procurement of renewable 

8 aviation fuels 

9 ‘‘It shall be the goal of the Department of Defense— 

10 ‘‘(1) for fiscal year 2025, and each subsequent 

11 fiscal year, to procure from renewable aviation fuel 

12 sources not less than 25 percent of the total quantity 

13 of aviation fuel consumed by the Department of De14 fense in the contiguous United States; and 

15 ‘‘(2) to procure fuels from renewable aviation 

16 fuel sources whenever the use of such renewable avia17 tion fuels is consistent with the operational energy 

18 strategy required by section 139b(d) of this title.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of such chapter is amended by inserting after 

21 the item relating to section 2922f the following new item: 

‘‘2922g. Goal regarding procurement of renewable aviation fuels.’’. 


tjames on PRODPC75 with BILLS
109 

•HR 2647 RH

1 Subtitle E—Reports 

2 SEC. 341. ANNUAL REPORT ON PROCUREMENT OF MILI3 TARY WORKING DOGS. 

4 Section 358 of the Duncan Hunter National Defense 

5 Authorization Act for Fiscal Year 2009 (Public Law 110- 

6 417; 122 Stat. 4427; 10 U.S.C. 2302 note) is amended— 

7 (1) by redesignating subsection (c) as subsection 

8 (d); and 

9 (2) by inserting after subsection (b) the following 

10 new subsection (c): 

11 ‘‘(c) ANNUAL REPORT.—Not later than 90 days after 

12 the date of the enactment of the National Defense Authoriza13 tion Act for Fiscal Year 2010, and annually thereafter, the 

14 Secretary, acting through the Executive Agent, shall submit 

15 to the congressional defense committees a report on the pro16 curement of military working dogs for the fiscal year pre17 ceding the fiscal year during which the report is submitted. 

18 Such a report may be combined with the report required 

19 under section 2582(f) of title 10, United States Code, for 

20 the same fiscal year as the fiscal year covered by the report 

21 under this subsection. Each report under this subsection 

22 shall include the following for the fiscal year covered by the 

23 report: 


tjames on PRODPC75 with BILLS
110 

•HR 2647 RH

1 ‘‘(1) The number of military working dogs pro2 cured from domestic breeders by each military depart3 ment or Defense Agency. 

4 ‘‘(2) The number of military working dogs pro5 cured from non-domestic breeders by each military de6 partment or Defense Agency. 

7 ‘‘(3) The total cost of procuring military work8 ing dogs from domestic breeders and the total cost of 

9 procuring such dogs from non-domestic breeders. 

10 ‘‘(4) The total cost of procuring military work11 ing dogs for each military department or Defense 

12 Agency.’’. 

13 Subtitle F—Other Matters 

14 SEC. 351. AUTHORITY FOR AIRLIFT TRANSPORTATION AT 

15 DEPARTMENT OF DEFENSE RATES FOR NON16 DEPARTMENT OF DEFENSE FEDERAL CAR17 GOES. 

18 (a) IN GENERAL.—Section 2642(a) of title 10, United 

19 States Code, is amended by adding at the end the following 

20 new paragraph: 

21 ‘‘(3) During the five-year period beginning on 

22 the date of the enactment of the National Defense Au23 thorization Act for Fiscal Year 2010, for military air24 lift services provided to any element of the Federal 

25 Government outside the Department of Defense in cirVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
111 

•HR 2647 RH

1 cumstances other than those specified in paragraphs 

2 (1) and (2), but only if the Secretary of Defense deter3 mines that the provision of such services will promote 

4 the improved use of airlift capacity without any neg5 ative effect on national security objectives or the na6 tional security interests contained within the United 

7 States commercial air industry.’’. 

8 (b) ANNUAL REPORT.—Not later than March 1 of each 

9 year for which the paragraph (3) of section 2642(a) of title 

10 10, United States Code, as added by subsection (a), is in 

11 effect, the Secretary of Defense shall submit to the Commit12 tees on Armed Services of the Senate and House of Rep13 resentatives an annual report describing, in detail, the Sec14 retary’s use of the authority under that paragraph, includ15 ing— 

16 (1) how the authority was used; 

17 (2) the frequency of use of the authority; 

18 (3) the Secretary’s rationale for the use of the 

19 authority; and 

20 (4) for which agencies the authority was used. 

21 SEC. 352. REQUIREMENTS FOR STANDARD GROUND COM22 BAT UNIFORM. 

23 The Secretary of Defense, in consultation with the Di24 rector of the Defense Logistics Agency, shall standardize the 

25 design of future ground combat uniforms. The future ground 


tjames on PRODPC75 with BILLS
112 

•HR 2647 RH

1 combat uniforms designed pursuant to this section shall be 

2 designed to— 

3 (1) increase the interoperability of ground com4 bat forces; 

5 (2) eliminate any uniqueness that could pose a 

6 tactical risk in a theater of operations; 

7 (3) maximize conformance with personal protec8 tive gear and body armor; 

9 (4) ensure standard coloration and pattern for 

10 the uniform; 

11 (5) be appropriate to the terrain, climate, and 

12 conditions in which the forces may be operating; 

13 (6) minimize production costs; and 

14 (7) minimize costs to the services for issuing the 

15 new standard ground combat uniform. 

16 SEC. 353. RESTRICTION ON USE OF FUNDS FOR COUNTER17 THREAT FINANCE EFFORTS. 

18 (a) RESTRICTION.—Of the amounts authorized to be 

19 appropriated by this Act for fiscal year 2010, not more than 

20 90 percent may be obligated or expended to support per21 sonnel and operations for Department of Defense 

22 counterthreat finance efforts, except for activities carried 

23 out by Department of Defense personnel and by personnel 

24 employed pursuant to a contract entered into by the Sec25 retary of Defense, until the Secretary of Defense, in conVerDate Nov 24 2008 04:21 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
113 

•HR 2647 RH

1 sultation with the Secretary of State, the Secretary of the 

2 Treasury, and the Attorney General, submits to the congres3 sional defense committees a report on— 

4 (1) the nature and extent of the mission of such 

5 counterthreat finance efforts; 

6 (2) the nature and extent of future cost require7 ments associated with the mission; 

8 (3) the nature and extent of Department of De9 fense resources required to support the mission; 

10 (4) the nature and extent of support, including 

11 personnel and funding support, from other depart12 ments and agencies required to execute the mission, 

13 including Department of Defense force planning and 

14 funding initiatives; and 

15 (5) the nature and extent of both existing and fu16 ture contractor support necessary to meet the mission 

17 requirements of the mission. 

18 (b) COUNTERTHREAT FINANCE EFFORTS DEFINED.— 

19 In this section, the term ‘‘counterthreat finance efforts’’ has 

20 the meaning given that term pursuant to the Department 

21 of Defense memorandum dated December 2, 2008, and enti22 tled ‘‘Directive-Type Memorandum 08-034 – DOD Counter23 threat Finance Policy’’ or any successor memorandum or 

24 related guidelines or regulations. 


tjames on PRODPC75 with BILLS
114 

•HR 2647 RH

1 SEC. 354. LIMITATION ON OBLIGATION OF FUNDS PENDING 

2 SUBMISSION OF CLASSIFIED JUSTIFICATION 

3 MATERIAL. 

4 Of the amounts authorized to be appropriated in this 

5 title for fiscal year 2010 for the Office of the Secretary of 

6 Defense for budget activity four, line 270, not more than 

7 90 percent may be obligated until 15 days after the infor8 mation cited in the classified annex accompanying this Act 

9 relating to the provision of classified justification material 

10 to Congress is provided to the congressional defense commit11 tees. 

12 SEC. 355. CONDITION-BASED MAINTENANCE DEMONSTRA13 TION PROGRAMS. 

14 (a) TACTICAL WHEELED VEHICLES PROGRAM.—The 

15 Secretary of the Army may conduct a 12-month condition16 based maintenance demonstration program on tactical 

17 wheeled vehicles, specifically the high mobility multi-pur18 pose wheeled vehicle, the heavy expanded mobility tactical 

19 truck and the family of medium tactical vehicles. 

20 (b) GUIDED MISSILE DESTROYER PROGRAM.—The 

21 Secretary of the Navy may conduct a 12-month demonstra22 tion program on at least four systems or components of the 

23 guided missile destroyer class of surface combatant ships. 

24 (c) ISSUES TO BE ADDRESSED.—The demonstration 

25 programs described in subsections (a) and (b) shall ad26 dress— 


tjames on PRODPC75 with BILLS
115 

•HR 2647 RH

1 (1) the top 10 maintenance issues; 

2 (2) non-evidence of failures; and 

3 (3) projected return on investment analysis for a 

4 10-year period. 

5 (d) OPEN ARCHITECTURE.—The demonstration pro6 grams’ design, system integration, and operations shall be 

7 conducted with an open architecture designed to— 

8 (1) interface with the extensible markup lan9 guage industry standard to provide diagnostic and 

10 prognostic reasoning for systems, subsystems or com11 ponents; 

12 (2) facilitate common software systems, 

13 diagnostics tools, reference models, diagnostics rea14 soners, electronic libraries, and user interfaces for 

15 multiple ship and vehicle types; and 

16 (3) support the Department of Defense’s Class V 

17 interactive electronic technical manual operations. 

18 (e) REPORT.—The Secretary of the Army and the Sec19 retary of the Navy shall submit a report to the congressional 

20 defense committees, not later than October 1, 2010, that as21 sesses whether the respective military department could re22 duce maintenance costs and improve operational readiness 

23 by implementing condition-based maintenance for the cur24 rent and future tactical wheeled vehicle fleets and Navy sur25 face combatants. 


tjames on PRODPC75 with BILLS
116 

•HR 2647 RH

1 TITLE IV—MILITARY PERSONNEL 

2 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. Submission of options for creation of Trainees, Transients, Holdees, and 

Students account for Army National Guard. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

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

3 Subtitle A—Active Forces 

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

5 The Armed Forces are authorized strengths for active 

6 duty personnel as of September 30, 2010, as follows: 

7 (1) The Army, 547,400. 

8 (2) The Navy, 328,800. 

9 (3) The Marine Corps, 202,100. 

10 (4) The Air Force, 331,700. 

11 SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 

12 STRENGTH MINIMUM LEVELS. 

13 Section 691(b) of title 10, United States Code, is 

14 amended by striking paragraphs (1) through (4) and insert15 ing the following new paragraphs: 


tjames on PRODPC75 with BILLS
117 

•HR 2647 RH

1 ‘‘(1) For the Army, 547,400. 

2 ‘‘(2) For the Navy, 328,800. 

3 ‘‘(3) For the Marine Corps, 202,100. 

4 ‘‘(4) For the Air Force, 331,700.’’. 

5 SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF 

6 ARMY ACTIVE DUTY END STRENGTHS FOR 

7 FISCAL YEARS 2011 AND 2012. 

8 (a) AUTHORITY TO INCREASE ARMY ACTIVE DUTY

9 END STRENGTHS.— 

10 (1) AUTHORITY.—For each of fiscal years 2011 

11 and 2012, the Secretary of Defense may, as the Sec12 retary determines necessary for the purposes specified 

13 in paragraph (2), establish the active-duty end 

14 strength for the Army at a number greater than the 

15 number otherwise authorized by law up to the number 

16 equal to the fiscal-year 2010 baseline plus 30,000. 

17 (2) PURPOSE OF INCREASES.—The purposes for 

18 which increases may be made in Army active duty 

19 end strengths under paragraphs (1) and (2) are— 

20 (A) to support operational missions; and 

21 (B) to achieve reorganizational objectives, 

22 including increased unit manning, force sta23 bilization and shaping, and supporting wounded 

24 warriors. 


tjames on PRODPC75 with BILLS
118 

•HR 2647 RH

1 (3) FISCAL-YEAR 2010 BASELINE.—In this sub2 section, the term ‘‘fiscal-year 2010 baseline’’, with re3 spect to the Army, means the active-duty end strength 

4 authorized for those services in section 401(1). 

5 (4) ACTIVE-DUTY END STRENGTH.—In this sub6 section, the term ‘‘active-duty end strength’’ means 

7 the strength for active-duty personnel of one the 

8 Armed Forces as of the last day of a fiscal year. 

9 (b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU10 THORITY.—Nothing in this section shall be construed to 

11 limit the President’s authority under section 123a of title 

12 10, United States Code, to waive any statutory end strength 

13 in a time of war or national emergency. 

14 (c) RELATIONSHIP TO OTHER VARIANCE AUTHOR15 ITY.—The authority under subsection (a) is in addition to 

16 the authority to vary authorized end strengths that is pro17 vided in subsections (e) and (f) of section 115 of title 10, 

18 United States Code. 

19 (d) BUDGET TREATMENT.—If the Secretary of Defense 

20 determines under subsection (a) that an increase in the 

21 Army active duty end strength for a fiscal year is necessary, 

22 then the budget for the Department of Defense for that fiscal 

23 year as submitted to the President shall include the 

24 amounts necessary for funding that active duty end strength 


tjames on PRODPC75 with BILLS
119 

•HR 2647 RH

1 in excess of the fiscal year 2010 active duty end strength 

2 authorized for the Army under section 401(1). 

3 Subtitle B—Reserve Forces 

4 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

5 (a) IN GENERAL.—The Armed Forces are authorized 

6 strengths for Selected Reserve personnel of the reserve com7 ponents as of September 30, 2010, as follows: 

8 (1) The Army National Guard of the United 

9 States, 358,200. 

10 (2) The Army Reserve, 205,000. 

11 (3) The Navy Reserve, 65,500. 

12 (4) The Marine Corps Reserve, 39,600. 

13 (5) The Air National Guard of the United 

14 States, 106,700. 

15 (6) The Air Force Reserve, 69,500. 

16 (7) The Coast Guard Reserve, 10,000. 

17 (b) END STRENGTH REDUCTIONS.—The end strengths 

18 prescribed by subsection (a) for the Selected Reserve of any 

19 reserve component shall be proportionately reduced by— 

20 (1) the total authorized strength of units orga21 nized to serve as units of the Selected Reserve of such 

22 component which are on active duty (other than for 

23 training) at the end of the fiscal year; and 

24 (2) the total number of individual members not 

25 in units organized to serve as units of the Selected 


tjames on PRODPC75 with BILLS
120 

•HR 2647 RH

1 Reserve of such component who are on active duty 

2 (other than for training or for unsatisfactory partici3 pation in training) without their consent at the end 

4 of the fiscal year. 

5 (c) END STRENGTH INCREASES.—Whenever units or 

6 individual members of the Selected Reserve of any reserve 

7 component are released from active duty during any fiscal 

8 year, the end strength prescribed for such fiscal year for 

9 the Selected Reserve of such reserve component shall be in10 creased proportionately by the total authorized strengths of 

11 such units and by the total number of such individual mem12 bers. 

13 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

14 DUTY IN SUPPORT OF THE RESERVES. 

15 Within the end strengths prescribed in section 411(a), 

16 the reserve components of the Armed Forces are authorized, 

17 as of September 30, 2010, the following number of Reserves 

18 to be serving on full-time active duty or full-time duty, in 

19 the case of members of the National Guard, for the purpose 

20 of organizing, administering, recruiting, instructing, or 

21 training the reserve components: 

22 (1) The Army National Guard of the United 

23 States, 32,060. 

24 (2) The Army Reserve, 16,261. 

25 (3) The Navy Reserve, 10,818. 


tjames on PRODPC75 with BILLS
121 

•HR 2647 RH

1 (4) The Marine Corps Reserve, 2,261. 

2 (5) The Air National Guard of the United 

3 States, 14,555. 

4 (6) The Air Force Reserve, 2,896. 

5 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

6 (DUAL STATUS). 

7 The minimum number of military technicians (dual 

8 status) as of the last day of fiscal year 2010 for the reserve 

9 components of the Army and the Air Force (notwith10 standing section 129 of title 10, United States Code) shall 

11 be the following: 

12 (1) For the Army Reserve, 8,395. 

13 (2) For the Army National Guard of the United 

14 States, 27,210. 

15 (3) For the Air Force Reserve, 10,417. 

16 (4) For the Air National Guard of the United 

17 States, 22,313. 

18 SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF 

19 NON-DUAL STATUS TECHNICIANS. 

20 (a) LIMITATIONS.— 

21 (1) NATIONAL GUARD.—Within the limitation 

22 provided in section 10217(c)(2) of title 10, United 

23 States Code, the number of non-dual status techni24 cians employed by the National Guard as of Sep25 tember 30, 2010, may not exceed the following: 


tjames on PRODPC75 with BILLS
122 

•HR 2647 RH

1 (A) For the Army National Guard of the 

2 United States, 2,191. 

3 (B) For the Air National Guard of the 

4 United States, 350. 

5 (2) ARMY RESERVE.—The number of non-dual 

6 status technicians employed by the Army Reserve as 

7 of September 30, 2010, may not exceed 595. 

8 (3) AIR FORCE RESERVE.—The number of non9 dual status technicians employed by the Air Force 

10 Reserve as of September 30, 2010, may not exceed 90. 

11 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

12 this section, the term ‘‘non-dual status technician’’ has the 

13 meaning given that term in section 10217(a) of title 10, 

14 United States Code. 

15 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU16 THORIZED TO BE ON ACTIVE DUTY FOR 

17 OPERATIONAL SUPPORT. 

18 During fiscal year 2010, the maximum number of 

19 members of the reserve components of the Armed Forces who 

20 may be serving at any time on full-time operational sup21 port duty under section 115(b) of title 10, United States 

22 Code, is the following: 

23 (1) The Army National Guard of the United 

24 States, 17,000. 

25 (2) The Army Reserve, 13,000. 


tjames on PRODPC75 with BILLS
123 

•HR 2647 RH

1 (3) The Navy Reserve, 6,200. 

2 (4) The Marine Corps Reserve, 3,000. 

3 (5) The Air National Guard of the United 

4 States, 16,000. 

5 (6) The Air Force Reserve, 14,000. 

6 SEC. 416. SUBMISSION OF OPTIONS FOR CREATION OF 

7 TRAINEES, TRANSIENTS, HOLDEES, AND STU8 DENTS ACCOUNT FOR ARMY NATIONAL 

9 GUARD. 

10 (a) REPORT REQUIRED.—Not later than February 1, 

11 2010, the Secretary of the Army shall submit to the congres12 sional defense committees a report evaluating options, and 

13 including a recommendation, for the creation of a Trainees, 

14 Transients, Holdees, and Students Account within the 

15 Army National Guard. 

16 (b) ELEMENTS OF REPORT.—At a minimum, the re17 port shall address— 

18 (1) the timelines, cost, force structure changes, 

19 and end strength changes associated with each option; 

20 (2) the force structure and end strength changes 

21 and growth of the Army National Guard needed to 

22 support such an account; 

23 (3) how creation of such an account may affect 

24 plans under the Grow the Force initiative; and 


tjames on PRODPC75 with BILLS
124 

•HR 2647 RH

1 (4) the impact of such an account on readiness 

2 and training ratings for Army National Guard 

3 forces. 

4 (c) SENSE OF CONGRESS REGARDING ARMY NATIONAL

5 GUARD END STRENGTH.— 

6 (1) FINDINGS.—Congress finds the following: 

7 (A) The President’s budget for fiscal year 

8 2010 included a 2.82 percent increase in end 

9 strength for the Army, but only a 1.59 percent 

10 end strength increase for the Army National 

11 Guard. 

12 (B) The disproportionate growth in the end 

13 strengths of the reserve components is incon14 sistent with the emphasis placed by the Depart15 ment of Defense on responding to asymmetric 

16 threats at home and abroad. 

17 (2) SENSE OF CONGRESS.—In light of such find18 ings, Congress is concerned about unit readiness and 

19 the effect of pre-deployment cross-leveling on the Army 

20 National Guard and it is the sense of Congress that 

21 an increase in Army National Guard end strength 

22 should be considered in the deliberations of the next 

23 quadrennial defense review conducted under section 

24 118 of title 10, United States Code. 


tjames on PRODPC75 with BILLS
125 

•HR 2647 RH

1 Subtitle C—Authorization of 

2 Appropriations 

3 SEC. 421. MILITARY PERSONNEL. 

4 There is hereby authorized to be appropriated to the 

5 Department of Defense for military personnel for fiscal year 

6 2010 a total of $135,723,781,000. The authorization in the 

7 preceding sentence supersedes any other authorization of 

8 appropriations (definite or indefinite) for such purpose for 

9 fiscal year 2010. 

10 SEC. 422. REPEAL OF DELAYED ONE-TIME SHIFT OF MILI11 TARY RETIREMENT PAYMENTS. 

12 (a) REPEAL.—Section 1002 of the Duncan Hunter Na13 tional Defense Authorization Act for Fiscal Year 2009 (Pub14 lic Law 110–417; 122 Stat. 4581) is repealed. 

15 (b) EFFECT ON EARLIER TRANSFER.—The repeal of 

16 section 1002 of the Duncan Hunter National Defense Au17 thorization Act for Fiscal Year 2009 by subsection (a) shall 

18 not affect the validity of the transfer of funds made pursu19 ant to subsection (e) of such section before the date of the 

20 enactment of this Act. 

21 TITLE V—MILITARY PERSONNEL 

22 POLICY 

Subtitle A—Military Personnel Policy Generally 

Sec. 501. Extension of temporary increase in maximum number of days’ leave 

members may accumulate and carryover. 

Sec. 502. Rank requirement for officer serving as Chief of the Navy Dental Corps 

to correspond to Army and Air Force requirements. 


tjames on PRODPC75 with BILLS
126 

•HR 2647 RH

Sec. 503. Computation of retirement eligibility for enlisted members of the Navy 

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

Subtitle B—Joint Qualified Officers and Requirements 

Sec. 511. Revisions to annual reporting requirement on joint officer management. 

Subtitle C—General Service Authorities 

Sec. 521. Medical examination required before separation of members diagnosed 

with or asserting post-traumatic stress disorder or traumatic 

brain injury. 

Sec. 522. Evaluation of test of utility of test preparation guides and education 

programs in improving qualifications of recruits for the Armed 

Forces. 

Sec. 523. Inclusion of email address on Certificate of Release or Discharge from 

Active Duty (DD Form 214). 

Subtitle D—Education and Training 

Sec. 531. 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. 532. Increase in number of private sector civilians authorized for admission 

to National Defense University. 

Sec. 533. Appointments to military service academies from nominations made by 

Delegate from the Commonwealth of the Northern Mariana Islands. 

Sec. 534. Pilot program to establish and evaluate Language Training Centers for 

members of the Armed Forces and civilian employees of the Department of Defense. 

Sec. 535. 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. 536. Establishment of Junior Reserve Officer’s Training Corps units for students in grades above sixth grade. 

Subtitle E—Defense Dependents’ Education 

Sec. 551. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department 

of Defense civilian employees. 

Sec. 552. Determination of number of weighted student units for local educational 

agencies for receipt of basic support payments under impact aid. 

Sec. 553. Permanent authority for enrollment in defense dependents’ education 

system of dependents of foreign military members assigned to 

Supreme Headquarters Allied Powers, Europe. 

Subtitle F—Missing or Deceased Persons 

Sec. 561. 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. 


tjames on PRODPC75 with BILLS
127 

•HR 2647 RH

Sec. 562. Clarification of guidelines regarding return of remains and media access at ceremonies for the dignified transfer of remains at Dover 

Air Force Base. 

Subtitle G—Decorations and Awards 

Sec. 571. Award of Vietnam Service Medal to veterans who participated in Mayaguez rescue operation. 

Sec. 572. Authorization and request for award of Medal of Honor to Anthony T. 

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

Sec. 573. Authorization and request for award of distinguished-service cross to 

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

Sec. 574. Authorization and request for award of distinguished-service cross to 

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

Subtitle H—Military Families 

Sec. 581. Pilot program to secure internships for military spouses with Federal 

agencies. 

Sec. 582. Report on progress made in implementing recommendations to reduce 

domestic violence in military families. 

Sec. 583. Modification of Servicemembers Civil Relief Act regarding termination 

or suspension of service contracts and effect of violation of interest rate limitation. 

Sec. 584. Protection of child custody arrangements for parents who are members 

of the armed forces deployed in support of a contingency operation. 

Sec. 585. Definitions in Family and Medical Leave Act of 1993 related to active 

duty, servicemembers, and related matters. 

Subtitle I—Other Matters 

Sec. 591. Navy grants to Naval Sea Cadet Corps. 

Sec. 592. Improved response and investigation of allegations of sexual assault involving members of the Armed Forces. 

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

Youth Challenge Program. 

1 Subtitle A—Military Personnel 

2 Policy Generally 

3 SEC. 501. EXTENSION OF TEMPORARY INCREASE IN MAX4 IMUM NUMBER OF DAYS’ LEAVE MEMBERS 

5 MAY ACCUMULATE AND CARRYOVER. 

6 Section 701(d) of title 10, United States Code, is 

7 amended by striking ‘‘December 31, 2010’’ and inserting 

8 ‘‘December 31, 2012’’. 


tjames on PRODPC75 with BILLS
128 

•HR 2647 RH

1 SEC. 502. RANK REQUIREMENT FOR OFFICER SERVING AS 

2 CHIEF OF THE NAVY DENTAL CORPS TO COR3 RESPOND TO ARMY AND AIR FORCE REQUIRE4 MENTS. 

5 Section 5138(a) of title 10, United States Code, is 

6 amended— 

7 (1) by striking ‘‘not below the grade of rear ad8 miral (lower half) shall be detailed’’ and inserting 

9 ‘‘shall be appointed’’; and 

10 (2) by adding at the end the following new sen11 tence: ‘‘An appointee who holds a lower regular grade 

12 shall be appointed as Chief of the Dental Corps in the 

13 regular grade of rear admiral.’’. 

14 SEC. 503. COMPUTATION OF RETIREMENT ELIGIBILITY FOR 

15 ENLISTED MEMBERS OF THE NAVY WHO COM16 PLETE THE SEAMAN TO ADMIRAL (STA–21) OF17 FICER CANDIDATE PROGRAM. 

18 Section 6328 of title 10, United States Code, is amend19 ed by adding the following new subsection: 

20 ‘‘(c) TIME SPENT IN SEAMAN TO ADMIRAL PRO21 GRAM.—The months of active service after January 1, 2011, 

22 in pursuit of a baccalaureate-level degree under the Seaman 

23 to Admiral (STA-21) program of the Navy for officer can24 didates selected for the program after January 11, 2010, 

25 shall be excluded in computing the years of service of an 

26 officer who was appointed to the grade of ensign in the 


tjames on PRODPC75 with BILLS
129 

•HR 2647 RH

1 Navy upon completion of the program to determine the eli2 gibility of the officer for voluntary retirement. Such active 

3 service shall be counted in computing the years of active 

4 service of the officer for all other purposes.’’. 

5 Subtitle B—Joint Qualified Officers 

6 and Requirements 

7 SEC. 511. REVISIONS TO ANNUAL REPORTING REQUIRE8 MENT ON JOINT OFFICER MANAGEMENT. 

9 Section 667 of title 10, United States Code, is amend10 ed— 

11 (1) in paragraph (1)— 

12 (A) in subparagraph (A), by striking ‘‘and 

13 their education and experience’’; and 

14 (B) by adding at the end the following new 

15 subparagraph: 

16 ‘‘(C) A comparison of the number of officers who 

17 were designated as a joint qualified officer who had 

18 served in a Joint Duty Assignment List billet and 

19 completed Joint Professional Military Education 

20 Phase II, with the number designated as a joint 

21 qualified officer based on their aggregated joint expe22 riences and completion of Joint Professional Military 

23 Education Phase II.’’. 

24 (2) by striking paragraphs (3), (4), (6), and 

25 (12); 


tjames on PRODPC75 with BILLS
130 

•HR 2647 RH

1 (3) by redesignating paragraph (5) as para2 graph (3); 

3 (4) by redesignating paragraphs (7) through (11) 

4 as paragraphs (4) through (8), respectively; 

5 (5) by inserting after paragraph (8), as so redes6 ignated, the following new paragraph: 

7 ‘‘(9) With regard to the principal courses of in8 struction for Joint Professional Military Education 

9 Level II, the number of officers graduating from each 

10 of the following: 

11 ‘‘(A) The Joint Forces Staff College. 

12 ‘‘(B) The National Defense University. 

13 ‘‘(C) Senior Service Schools.’’; and 

14 (6) by redesignating paragraph (13) as para15 graph (10). 

16 Subtitle C—General Service 

17 Authorities 

18 SEC. 521. MEDICAL EXAMINATION REQUIRED BEFORE SEPA19 RATION OF MEMBERS DIAGNOSED WITH OR 

20 ASSERTING POST-TRAUMATIC STRESS DIS21 ORDER OR TRAUMATIC BRAIN INJURY. 

22 (a) MEDICAL EXAMINATION REQUIRED.— 

23 (1) IN GENERAL.—Chapter 59 of title 10, United 

24 States Code, is amended by inserting after section 

25 1176 the following new section: 


tjames on PRODPC75 with BILLS
131 

•HR 2647 RH

1 ‘‘§ 1177. Members diagnosed with or asserting post2 traumatic stress disorder or traumatic 

3 brain injury: medical examination re4 quired before separation 

5 ‘‘(a) MEDICAL EXAMINATION REQUIRED.—(1) If a 

6 member of the armed forces who has been deployed overseas 

7 in support of a contingency operation is diagnosed by a 

8 physician, clinical psychologist, or psychiatrist as experi9 encing post-traumatic stress disorder or traumatic brain 

10 injury or otherwise asserts the influence of such a condition, 

11 the Secretary concerned may not authorize the involun12 tarily separation of the member or separation of the mem13 ber under conditions other than honorable until after the 

14 member receives a medical examination to evaluate a diag15 nosis of post-traumatic stress disorder or traumatic brain 

16 injury. 

17 ‘‘(2) In a case involving post-traumatic stress disorder, 

18 the medical examination shall be performed by a clinical 

19 psychologist or psychiatrist. In other cases, the examination 

20 may be performed by a physician, clinical psychologist, 

21 psychiatrist, or other health care professional, whoever is 

22 determined to be most appropriate. 

23 ‘‘(b) PURPOSE OF MEDICAL EXAMINATION.—The med24 ical examination required by subsection (a) shall endeavor 

25 to assess the degree to which the behavior of the member, 

26 on which the initial recommendation for an involuntarily 


tjames on PRODPC75 with BILLS
132 

•HR 2647 RH

1 separation or separation under conditions other than hon2 orable is based, has been affected by post-traumatic stress 

3 disorder or traumatic brain injury. 

4 ‘‘(c) SECRETARIAL DISCRETION.—The Secretary con5 cerned shall review the medical examination performed 

6 under subsection (a) with respect to a member, and the find7 ings and conclusions of any physical evaluation board con8 ducted with respect the member, to determine the appro9 priate course of action with regard to the separation of the 

10 member.’’. 

11 (2) CLERICAL AMENDMENT.—The table of sec12 tions at the beginning of such chapter is amended by 

13 inserting after the item relating to section 1176 the 

14 following new item: 

‘‘1177. Members diagnosed with or asserting post-traumatic stress disorder or 

traumatic brain injury: physical evaluation board review before 

separation.’’. 

15 (b) REVIEW OF PREVIOUS DISCHARGES AND DISMIS16 SALS.—Section 1553 of such title is amended by adding at 

17 the end the following new subsection: 

18 ‘‘(d)(1) In the case of a former member of the armed 

19 forces who, while a member, was deployed in support of a 

20 contingency operation and who, at any time after such de21 ployment, was diagnosed by a physician, clinical psycholo22 gist, or psychiatrist as experiencing post-traumatic stress 

23 disorder or traumatic brain injury, a board established 

24 under this section to review the former member’s discharge 


tjames on PRODPC75 with BILLS
133 

•HR 2647 RH

1 or dismissal shall include a member who is a physician, 

2 clinical psychologist, or psychiatrist. 

3 ‘‘(2) In the case of a former member described in para4 graph (1) or a former member whose case involves personal 

5 health care issues as supporting rationale or as justification 

6 for priority consideration, the Secretary concerned shall 

7 render a final decision within six months of the receipt of 

8 an application to review a discharge or dismissal. The Sec9 retary may delay a final decision beyond six months if the 

10 Secretary determines that, due to administrative reasons or 

11 to serve the best interest of the former member, a final deci12 sion cannot be rendered within such six-month period. 

13 ‘‘(3) When authorized by a former member described 

14 in paragraph (1) or (2), a Member of Congress shall be ad15 vised of the decision of the board conducting the review of 

16 the former member’s discharge or dismissal and the ration17 ale used to support the decision.’’. 

18 SEC. 522. EVALUATION OF TEST OF UTILITY OF TEST PREP19 ARATION GUIDES AND EDUCATION PRO20 GRAMS IN IMPROVING QUALIFICATIONS OF 

21 RECRUITS FOR THE ARMED FORCES. 

22 Section 546(d) of the John Warner National Defense 

23 Authorization Act for Fiscal Year 2007 (Public Law 109– 

24 364; 120 Stat. 2215) is amended— 


tjames on PRODPC75 with BILLS
134 

•HR 2647 RH

1 (1) in the second sentence, by striking ‘‘in train2 ing and unit settings’’ and inserting ‘‘during train3 ing and unit assignments’’; and 

4 (2) by adding at the end the following new sen5 tence: ‘‘Data to make the comparison between the two 

6 groups shall be derived from existing sources, which 

7 may include performance ratings, separations, pro8 motions, awards and decorations, and reenlistment 

9 statistics.’’. 

10 SEC. 523. INCLUSION OF EMAIL ADDRESS ON CERTIFICATE 

11 OF RELEASE OR DISCHARGE FROM ACTIVE 

12 DUTY (DD FORM 214). 

13 Section 596 of the National Defense Authorization Act 

14 for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 1168 

15 note) is amended— 

16 (1) by inserting ‘‘(a) ELECTION TO FORWARD

17 CERTIFICATE TO VA OFFICES.—’’ before ‘‘The Sec18 retary of Defense’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(b) INCLUSION OF EMAIL ADDRESS.—The Secretary 

22 of Defense shall further modify the DD Form 214 in order 

23 to permit a member of the Armed Forces to include an 

24 email address on the form.’’. 


tjames on PRODPC75 with BILLS
135 

•HR 2647 RH

1 Subtitle D—Education and 

2 Training 

3 SEC. 531. APPOINTMENT OF PERSONS ENROLLED IN AD4 VANCED COURSE OF THE ARMY RESERVE OF5 FICERS’ TRAINING CORPS AT MILITARY JUN6 IOR COLLEGES AS CADETS IN ARMY RESERVE 

7 OR ARMY NATIONAL GUARD OF THE UNITED 

8 STATES. 

9 Section 2107a(h) of title 10, United States Code, is 

10 amended— 

11 (1) by striking ‘‘17 cadets’’ and inserting ‘‘22 ca12 dets’’; 

13 (2) by striking ‘‘17 members’’ and inserting ‘‘22 

14 members’’; and 

15 (3) by striking ‘‘17 such members’’ and inserting 

16 ‘‘22 such members’’. 

17 SEC. 532. INCREASE IN NUMBER OF PRIVATE SECTOR CIVIL18 IANS AUTHORIZED FOR ADMISSION TO NA19 TIONAL DEFENSE UNIVERSITY. 

20 Section 2167(a) of title 10, United States Code, is 

21 amended by striking ‘‘10 full-time student positions’’ and 

22 inserting ‘‘20 full-time student positions’’. 


tjames on PRODPC75 with BILLS
136 

•HR 2647 RH

1 SEC. 533. APPOINTMENTS TO MILITARY SERVICE ACAD2 EMIES FROM NOMINATIONS MADE BY DELE3 GATE FROM THE COMMONWEALTH OF THE 

4 NORTHERN MARIANA ISLANDS. 

5 (a) UNITED STATES MILITARY ACADEMY.—Section 

6 4342(a)(10) of title 10, United States Code, is amended by 

7 striking ‘‘One cadet’’ and inserting ‘‘Two cadets’’. 

8 (b) UNITED STATES NAVAL ACADEMY.—Section 

9 6954(a)(10) of such title is amended by striking ‘‘One’’ and 

10 inserting ‘‘Two’’. 

11 (c) UNITED STATES AIR FORCE ACADEMY.—Section 

12 9342(a)(10) of such title is amended by striking ‘‘One 

13 cadet’’ and inserting ‘‘Two cadets’’. 

14 (d) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply with respect to appointments to the 

16 United States Military Academy, the United States Naval 

17 Academy, and the United States Air Force Academy begin18 ning with the first class of candidates nominated for ap19 pointment to these military service academies after the date 

20 of the enactment of this Act. 


tjames on PRODPC75 with BILLS
137 

•HR 2647 RH

1 SEC. 534. PILOT PROGRAM TO ESTABLISH AND EVALUATE 

2 LANGUAGE TRAINING CENTERS FOR MEM3 BERS OF THE ARMED FORCES AND CIVILIAN 

4 EMPLOYEES OF THE DEPARTMENT OF DE5 FENSE. 

6 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

7 Defense shall carry out a pilot program to establish at least 

8 three Language Training Centers at accredited universities, 

9 senior military colleges, or other similar institutions of 

10 higher education to create the foundational critical and 

11 strategic language and regional area expertise, as defined 

12 by the Secretary of Defense, for members of the Armed 

13 Forces, including reserve component members and Reserve 

14 Officers’ Training Corps candidates, and civilian employees 

15 of the Department of Defense. 

16 (b) DURATION.— 

17 (1) TERMINATION DATE.—The Language Train18 ing Centers under the pilot program shall be estab19 lished not later than October 1, 2010, and the author20 ity to support the Language Training Centers under 

21 the pilot program shall terminate on September 30, 

22 2015. 

23 (2) EFFECT ON PARTICIPANTS.—Students par24 ticipating in the pilot program before the termination 

25 date specified in paragraph (1) may be allowed to 


tjames on PRODPC75 with BILLS
138 

•HR 2647 RH

1 complete their studies under the program after that 

2 date. 

3 (c) PILOT PROGRAM REQUIREMENTS.—At a min4 imum, the Language Training Centers shall— 

5 (1) develop a program to graduate members of 

6 the Armed Forces and civilian employees of the De7 partment who are skilled in critical and strategic 

8 languages from beginning through advanced skill lev9 els; 

10 (2) develop language proficiency training pro11 grams in designated critical and strategic languages 

12 tailored to meet operational readiness requirements; 

13 (3) develop alternative training delivery systems 

14 and modalities to meet language and regional area 

15 requirements, prior to deployment, during deploy16 ment, and post-deployment; 

17 (4) develop critical and strategic language pro18 grams that can be incorporated into Reserve Officers’ 

19 Training Corps units to develop language skills 

20 among future military officers; 

21 (5) develop training and education programs 

22 that would expand the pool of qualified instructors 

23 and educators for the Armed Forces; and 

24 (6) develop a program to encourage native and 

25 heritage speakers of critical and strategic languages 


tjames on PRODPC75 with BILLS
139 

•HR 2647 RH

1 for recruitment into the Department of Defense or 

2 support the Civilian Linguist Reserve Corps. 

3 (d) PROGRAM EXPANSION.—The Language Training 

4 Centers may partner with elementary and secondary edu5 cational institutions to help develop critical and strategic 

6 language skills in students who may pursue a military ca7 reer. 

8 (e) PROGRAM COORDINATION.—The Secretary of De9 fense shall ensure that the Language Training Centers build 

10 upon and take advantage of the experience and leadership 

11 of the National Security Education Program and the De12 fense Language Institute. 

13 (f) EVALUATION.—The Secretary of Defense shall 

14 evaluate each Language Training Center in order to assess 

15 the cost and the effectiveness of the pilot program, including 

16 the following: 

17 (1) The success of the Language Training Center 

18 in providing critical and strategic language capabili19 ties to members and Department of Defense employ20 ees. 

21 (2) The ability of the Language Training Center 

22 to create foundational critical and strategic language 

23 and regional area expertise in support of the Defense 

24 Language Transformation Roadmap; 


tjames on PRODPC75 with BILLS
140 

•HR 2647 RH

1 (g) REPORT TO CONGRESS.—Not later than December 

2 31, 2015, the Secretary of Defense shall submit to the con3 gressional defense committees a report on the pilot program. 

4 The report shall include the following: 

5 (1) A description of each Language Training 

6 Center. 

7 (2) An assessment of the effectiveness and the cost 

8 of the pilot program taken to create the foundational 

9 critical and strategic language and regional area ex10 pertise in support of the Defense Language Trans11 formation Roadmap. 

12 (3) The success of each Language Training Cen13 ter to provide critical and strategic language capa14 bilities to members and Department of Defense em15 ployees. 

16 (4) Recommendations as to whether the pilot 

17 programs should be continued, and any modifications 

18 that may be necessary to continue the program. 


tjames on PRODPC75 with BILLS
141 

•HR 2647 RH

1 SEC. 535. USE OF ARMED FORCES HEALTH PROFESSIONS 

2 SCHOLARSHIP AND FINANCIAL ASSISTANCE 

3 PROGRAM TO INCREASE NUMBER OF HEALTH 

4 PROFESSIONALS WITH SKILLS TO ASSIST IN 

5 PROVIDING MENTAL HEALTH CARE. 

6 (a) ADDITIONAL ELEMENT WITHIN SCHOLARSHIP

7 PROGRAM.—Section 2121(a) of title 10, United States Code, 

8 is amended— 

9 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

10 (2) by striking ‘‘in the various health profes11 sions’’ and inserting ‘‘(A) in the various health pro12 fessions or (B) as a health professional with specific 

13 skills to assist in providing mental health care to 

14 members of the armed forces’’; and 

15 (3) by adding at the end the following new para16 graph: 

17 ‘‘(2) Under the program of a military department, the 

18 Secretary of that military department shall allocate a por19 tion of the total number of scholarships to members of the 

20 program described in paragraph (1)(B) for the purpose of 

21 assisting such members to pursue a degree at the masters 

22 and doctoral level in any of the following disciplines: 

23 ‘‘(A) Social work. 

24 ‘‘(B) Clinical psychology. 

25 ‘‘(C) Psychiatry. 


tjames on PRODPC75 with BILLS
142 

•HR 2647 RH

1 ‘‘(D) Other disciplines that contribute to mental 

2 health care programs in that military department.’’. 

3 (b) AUTHORIZED NUMBER OF MEMBERS OF THE PRO4 GRAM.—Section 2124 of such title is amended— 

5 (1) by striking ‘‘The number’’ and inserting ‘‘(a) 

6 AUTHORIZED NUMBER OF MEMBERS OF THE PRO7 GRAM.—The number’’; 

8 (2) by striking ‘‘6,000’’ and inserting ‘‘6,300’’; 

9 and 

10 (3) by adding at the end the following new sub11 section: 

12 ‘‘(b) MENTAL HEALTH PROFESSIONALS.—Of the num13 ber of persons designated as members of the program at any 

14 time, 300 may be members of the program described in sec15 tion 2121(a)(1)(B) of this title.’’. 

16 (c) FUNDING SOURCE.—Of the amounts authorized to 

17 be appropriated to the Department of Defense for military 

18 personnel accounts for fiscal year 2010, not more than 

19 $20,000,000 shall be available to cover the additional costs 

20 incurred to implement the amendments made by this sec21 tion. 


tjames on PRODPC75 with BILLS
143 

•HR 2647 RH

1 SEC. 536. ESTABLISHMENT OF JUNIOR RESERVE OFFICER’S 

2 TRAINING CORPS UNITS FOR STUDENTS IN 

3 GRADES ABOVE SIXTH GRADE. 

4 Section 2031 of title 10, United States Code, is amend5 ed by adding at the end the following new subsection: 

6 ‘‘(g)(1) In addition to units of the Junior Reserve Offi7 cers’ Training Corps established at public and private sec8 ondary educational institutions under subsection (a), the 

9 Secretary of each military department may carry out a 

10 pilot program to establish and support units at public and 

11 private educational institutions that are not secondary edu12 cational institutions to permit the enrollment of students 

13 in the Corps who, notwithstanding the limitation in sub14 section (b)(1), are in a grade above the sixth grade. 

15 ‘‘(2) A unit of the Junior Reserve Officers’ Training 

16 Corps established and supported under the pilot program 

17 must meet the requirements of this section, except— 

18 ‘‘(A) as provided in paragraph (1) with respect 

19 to the grades in which students are enrolled; and 

20 ‘‘(B) that the Secretary of the military depart21 ment concerned may authorize a course of military 

22 instruction of not less than two academic years’ dura23 tion, notwithstanding subsection (b)(3). 

24 ‘‘(3) The Secretary of the military department con25 cerned shall conduct a review of the pilot program. The re26 view shall include an evaluation of what impacts, if any, 


tjames on PRODPC75 with BILLS
144 

•HR 2647 RH

1 the pilot program may have on the operation of the Junior 

2 Reserve Officers’ Training Corps in secondary educational 

3 institutions.’’. 

4 Subtitle E—Defense Dependents’ 

5 Education 

6 SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

7 EDUCATIONAL AGENCIES THAT BENEFIT DE8 PENDENTS OF MEMBERS OF THE ARMED 

9 FORCES AND DEPARTMENT OF DEFENSE CI10 VILIAN EMPLOYEES. 

11 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

12 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

13 amount authorized to be appropriated for fiscal year 2010 

14 pursuant to section 301(5) for operation and maintenance 

15 for Defense-wide activities, $50,000,000 shall be available 

16 only for the purpose of providing assistance to local edu17 cational agencies under subsection (a) of section 572 of the 

18 National Defense Authorization Act for Fiscal Year 2006 

19 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 

20 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

21 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

22 CHANGES, OR FORCE RELOCATIONS.—Of the amount au23 thorized to be appropriated for fiscal year 2010 pursuant 

24 to section 301(5) for operation and maintenance for De25 fense-wide activities, $15,000,000 shall be available only for 


tjames on PRODPC75 with BILLS
145 

•HR 2647 RH

1 the purpose of providing assistance to local educational 

2 agencies under subsection (b) of such section 572. 

3 (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 

4 section, the term ‘‘local educational agency’’ has the mean5 ing given that term in section 8013(9) of the Elementary 

6 and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

7 SEC. 552. DETERMINATION OF NUMBER OF WEIGHTED STU8 DENT UNITS FOR LOCAL EDUCATIONAL 

9 AGENCIES FOR RECEIPT OF BASIC SUPPORT 

10 PAYMENTS UNDER IMPACT AID. 

11 Section 8003(a)(2)(C)(i) of the Elementary and Sec12 ondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) 

13 is amended by striking ‘‘6,500’’ and inserting ‘‘5,000’’. 

14 SEC. 553. PERMANENT AUTHORITY FOR ENROLLMENT IN 

15 DEFENSE DEPENDENTS’ EDUCATION SYSTEM 

16 OF DEPENDENTS OF FOREIGN MILITARY 

17 MEMBERS ASSIGNED TO SUPREME HEAD18 QUARTERS ALLIED POWERS, EUROPE. 

19 (a) PERMANENT ENROLLMENT AUTHORITY.—Sub20 section (a)(2) of section 1404A of the Defense Dependents’ 

21 Education Act of 1978 (20 U.S.C. 923a) is amended by 

22 striking ‘‘, and only through the 2010-2011 school year’’. 

23 (b) COMBATANT COMMANDER ADVICE AND ASSIST24 ANCE.—Subsection (c)(1) of such section is amended by 

25 adding at the end the following new sentence: ‘‘The SecVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
146 

•HR 2647 RH

1 retary shall prescribe such methodology with the advice and 

2 assistance of the commander of the geographic combatant 

3 command with jurisdiction over Mons, Belgium.’’. 

4 Subtitle F—Missing or Deceased 

5 Persons 

6 SEC. 561. ADDITIONAL REQUIREMENTS FOR ACCOUNTING 

7 FOR MEMBERS OF THE ARMED FORCES AND 

8 DEPARTMENT OF DEFENSE CIVILIAN EM9 PLOYEES LISTED AS MISSING IN CONFLICTS 

10 OCCURRING BEFORE ENACTMENT OF NEW 

11 SYSTEM FOR ACCOUNTING FOR MISSING PER12 SONS. 

13 (a) IMPOSITION OF ADDITIONAL REQUIREMENTS.— 

14 Section 1509 of title 10, United States Code, is amended 

15 to read as follows: 

16 ‘‘§ 1509. Program to resolve preenactment missing per17 son cases 

18 ‘‘(a) PROGRAM REQUIRED; COVERED CONFLICTS.— 

19 The Secretary of Defense shall implement a comprehensive, 

20 coordinated, integrated, and fully resourced program to ac21 count for persons described in subparagraph (A) or (B) of 

22 section 1513(1) of this title who are unaccounted for from 

23 the following conflicts: 

24 ‘‘(1) World War II during the period beginning 

25 on December 7, 1941, and ending on December 31, 


tjames on PRODPC75 with BILLS
147 

•HR 2647 RH

1 1946, including members of the Armed Forces who 

2 were lost during flight operations in the Pacific the3 ater of operations covered by section 576 of the Na4 tional Defense Authorization Act for Fiscal Year 2000 

5 (Public Law 106–65; 113 Stat. 624; 10 U.S.C. 1501 

6 note). 

7 ‘‘(2) The Cold War during the period beginning 

8 on September 2, 1945, and ending on August 21, 

9 1991. 

10 ‘‘(3) The Korean War during the period begin11 ning on June 27, 1950, and ending on January 31, 

12 1955. 

13 ‘‘(4) The Indochina War era during the period 

14 beginning on July 8, 1959, and ending on May 15, 

15 1975. 

16 ‘‘(5) The Persian Gulf War during the period be17 ginning on August 2, 1990, and ending on February 

18 28, 1991. 

19 ‘‘(6) Such other conflicts in which members of 

20 the armed forces served as the Secretary of Defense 

21 may designate. 

22 ‘‘(b) IMPLEMENTATION PROCESS.—(1) The Secretary 

23 of Defense shall implement the program within the Depart24 ment of Defense POW/MIA accounting community. 


tjames on PRODPC75 with BILLS
148 

•HR 2647 RH

1 ‘‘(2) For purposes of paragraph (1), the term ‘POW/ 

2 MIA accounting community’ means— 

3 ‘‘(A) The Defense Prisoner of War/Missing Per4 sonnel Office (DPMO). 

5 ‘‘(B) The Joint POW/MIA Accounting Command 

6 (JPAC). 

7 ‘‘(C) The Armed Forces DNA Identification Lab8 oratory (AFDIL). 

9 ‘‘(D) The Life Sciences Equipment Laboratory of 

10 the Air Force (LSEL). 

11 ‘‘(E) The casualty and mortuary affairs offices 

12 of the military departments. 

13 ‘‘(F) Any other element of the Department of De14 fense the mission of which (as designated by the Sec15 retary of Defense) involves the accounting for and re16 covery of members of the armed forces who are miss17 ing in action or prisoners of war or who are unac18 counted for, such as the Stony Beach Program. 

19 ‘‘(c) TREATMENT AS MISSING PERSONS.—Each unac20 counted for person covered by subsection (a) shall be consid21 ered to be a missing person for purposes of the applicability 

22 of other provisions of this chapter to the person. 

23 ‘‘(d) ESTABLISHMENT OF PERSONNEL FILES.—(1) 

24 The Secretary of Defense shall ensure that a personnel file 


tjames on PRODPC75 with BILLS
149 

•HR 2647 RH

1 is established and maintained for each person covered by 

2 subsection (a) if the Secretary— 

3 ‘‘(A) possesses any information relevant to the 

4 status of the person; or 

5 ‘‘(B) receives any new information regarding the 

6 missing person as provided in subsection (d). 

7 ‘‘(2) The Secretary of Defense shall ensure that each 

8 file established under this subsection contains all relevant 

9 information pertaining to a person covered by subsection 

10 (a) and is readily accessible to all elements of the depart11 ment, the combatant commands, and the armed forces in12 volved in the effort to account for the person. 

13 ‘‘(3) Each file established under this subsection shall 

14 be handled in accordance with, and subject to the provisions 

15 of, section 1506 of this title in the same manner as applies 

16 to the file of a missing person otherwise subject to such sec17 tion. 

18 ‘‘(e) REVIEW OF STATUS REQUIREMENTS.—(1) If new 

19 information (as described in paragraph (3)) is found or re20 ceived that may be related to one or more unaccounted for 

21 persons covered by subsection (a), whether or not such infor22 mation specifically relates (or may specifically relate) to 

23 any particular such unaccounted for person, that informa24 tion shall be provided to the Secretary of Defense. 


tjames on PRODPC75 with BILLS
150 

•HR 2647 RH

1 ‘‘(2) Upon receipt of new information under para2 graph (1), the Secretary shall ensure that— 

3 ‘‘(A) the information is treated under paragraph 

4 (2) of subsection (c) of section 1505 of this title, relat5 ing to addition of the information to the personnel 

6 file of a person and notification requirements, in the 

7 same manner as information received under para8 graph (1) under such subsection; and 

9 ‘‘(B) the information is treated under paragraph 

10 (3) of subsection (c) and subsection (d) of such sec11 tion, relating to a board review under such section, 

12 in the same manner as information received under 

13 paragraph (1) of such subsection (c). 

14 ‘‘(3) For purposes of this subsection, new information 

15 is information that is credible and that— 

16 ‘‘(A) is found or received after November 18, 

17 1997, by a United States intelligence agency, by a 

18 Department of Defense agency, or by a person speci19 fied in section 1504(g) of this title; or 

20 ‘‘(B) is identified after November 18, 1997, in 

21 records of the United States as information that could 

22 be relevant to the case of one or more unaccounted for 

23 persons covered by subsection (a). 

24 ‘‘(f) COORDINATION REQUIREMENTS.—(1) In estab25 lishing and carrying out the program, the Secretary of DeVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
151 

•HR 2647 RH

1 fense shall coordinate with the Secretaries of the military 

2 departments, the Chairman of the Joint Chiefs of Staff, and 

3 the combatant commanders. 

4 ‘‘(2) In carrying out the program, the Secretary of De5 fense shall establish close coordination with the Department 

6 of State, the Central Intelligence Agency, and the National 

7 Security Council to enhance the ability of the Department 

8 of Defense POW/MIA accounting community to account for 

9 persons covered by subsection (a).’’. 

10 (b) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of chapter 76 of such title is amended by 

12 striking the item relating to section 1509 and inserting the 

13 following new section: 

‘‘1509. Program to resolve preenactment missing person cases.’’. 

14 (c) CONFORMING AMENDMENT.—Section 1513(1) of 

15 such title is amended in the matter after subparagraph (B) 

16 by striking ‘‘section 1509(b) of this title who is required 

17 by section 1509(a)(1) of this title’’ and inserting ‘‘subsection 

18 (a) of section 1509 of this title who is required by subsection 

19 (b) of such section’’. 

20 (d) IMPLEMENTATION.— 

21 (1) PRIORITY.—A priority of the program re22 quired by section 1509 of title 10, United States Code, 

23 as amended by subsection (a), to resolve missing per24 son cases arising before the enactment of chapter 76 

25 of such title by section 569 of the National Defense 


tjames on PRODPC75 with BILLS
152 

•HR 2647 RH

1 Authorization Act for Fiscal Year 1996 (Public Law 

2 104–106; 110 Stat. 336) shall be the return of missing 

3 persons to United States control alive. 

4 (2) ACCOUNTING FOR GOAL.—In implementing 

5 the program, the Secretary of Defense, in coordina6 tion with the officials specified in subsection (f)(1) of 

7 section 1509 of title 10, United States Code, shall take 

8 such measures as the Secretary considers appropriate 

9 to increase significantly the capability and capacity 

10 of the Department of Defense, the Armed Forces, and 

11 combatant commanders to account for missing per12 sons, as defined by section 1513(3)(B) of such title. 

13 Such measures shall include fully funding, manning, 

14 and resourcing the Department of Defense-wide effort 

15 to ensure that, at a minimum— 

16 (A) 200 missing persons are accounted for 

17 under the program annually beginning with fis18 cal year 2015; and 

19 (B) 350 missing persons are accounted for 

20 under the program annually beginning with fis21 cal year 2020. 


tjames on PRODPC75 with BILLS
153 

•HR 2647 RH

1 SEC. 562. CLARIFICATION OF GUIDELINES REGARDING RE2 TURN OF REMAINS AND MEDIA ACCESS AT 

3 CEREMONIES FOR THE DIGNIFIED TRANSFER 

4 OF REMAINS AT DOVER AIR FORCE BASE. 

5 (a) PROMPT RETURN.—The remains of a deceased 

6 member of the Armed Forces shall be recovered from the the7 ater of combat operations and returned to the United States 

8 via the Dover Port Mortuary without delay unless very spe9 cific extenuating circumstances presented by the person des10 ignated pursuant to section 1482(c) of title 10, United 

11 States Code, to direct disposition of the remains of the dece12 dent (in this section referred to as the ‘‘primary next of 

13 kin’’) dictate otherwise and can reasonably be accommo14 dated by the Department. 

15 (b) MEDIA ACCESS.— 

16 (1) DECISION OF PRIMARY NEXT OF KIN.—The 

17 primary next of kin of a deceased member of the 

18 Armed Forces shall make the family decision regard19 ing media access at ceremonies for the dignified 

20 transfer of the remains of the decedent at Dover Air 

21 Force Base. The option to allow media access shall be 

22 briefed to the primary next of kin at the time of ini23 tial notification or as soon as practicable thereafter. 

24 Media access to dignified transfers shall only be per25 mitted with the approval of the primary next of kin. 

26 Media contact, filming or recording of family memVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
154 

•HR 2647 RH

1 bers shall be permitted only if specifically requested 

2 by the primary next of kin. 

3 (2) RELATION TO CURRENT DOD CASUALTY IN4 FORMATION POLICY.—Media access approved by the 

5 primary next of kin shall waive the Department of 

6 Defense policy on 24-hour delay in release of casualty 

7 information to the media and general public for that 

8 specific case. 

9 (3) MEMBER PREFERENCE.—The Secretary of 

10 Defense shall develop a long-term plan to obtain the 

11 preference of members of the Armed Forces regarding 

12 media access at ceremonies for the dignified transfer 

13 of the remains of the member if they ever become a 

14 casualty. 

15 (c) TRAVEL AND TRANSPORTATION ALLOWANCE.—The 

16 Secretary of a military department shall provide the pri17 mary next of kin and two additional family members of 

18 a deceased member of the Armed Forces with travel to, and 

19 from, Dover Air Force Base via Invitational Travel Author20 izations to attend the dignified transfer ceremony. The Sec21 retary may include additional family members on a case22 by-case basis. At the discretion of the Secretary, and at the 

23 request of the primary next of kin, the service casualty as24 sistance officer or family liaison officer may escort and acVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
155 

•HR 2647 RH

1 company the primary next of kin to the dignified transfer 

2 ceremony. 

3 (d) EFFECTIVE DATE.—This section shall take effect 

4 one year after the date of the enactment of this Act. 

5 Subtitle G—Decorations and 

6 Awards 

7 SEC. 571. AWARD OF VIETNAM SERVICE MEDAL TO VET8 ERANS WHO PARTICIPATED IN MAYAGUEZ 

9 RESCUE OPERATION. 

10 (a) IN GENERAL.—The Secretary of the military de11 partment concerned shall, upon the application of an indi12 vidual who is an eligible veteran, award that individual 

13 the Vietnam Service Medal, notwithstanding any otherwise 

14 applicable requirements for the award of that medal. Any 

15 such award shall be made in lieu of any Armed Forces Ex16 peditionary Medal awarded the individual for the individ17 ual’s participation in the Mayaguez rescue operation. 

18 (b) ELIGIBLE VETERAN.—For purposes of this section, 

19 the term ‘‘eligible veteran’’ means a member or former mem20 ber of the Armed Forces who was awarded the Armed Forces 

21 Expeditionary Medal for participation in military oper22 ations known as the Mayaguez rescue operation of May 12– 

23 15, 1975. 


tjames on PRODPC75 with BILLS
156 

•HR 2647 RH

1 SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF 

2 MEDAL OF HONOR TO ANTHONY T. 

3 KOHO’OHANOHANO FOR ACTS OF VALOR 

4 DURING THE KOREAN WAR. 

5 (a) AUTHORIZATION.—Notwithstanding the time limi6 tations specified in section 3744 of title 10, United States 

7 Code, or any other time limitation with respect to the 

8 awarding of certain medals to persons who served in the 

9 Armed Forces, the President is authorized and requested to 

10 award the Medal of Honor under section 3741 of such title 

11 to former Private First Class Anthony T. Koho’ohanohano 

12 for the acts of valor during the Korean War described in 

13 subsection (b). 

14 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

15 referred to in subsection (a) are the actions of then Private 

16 First Class Anthony T. Koho’ohanohano of Company H of 

17 the 17th Infantry Regiment of the 7th Infantry Division 

18 on September 1, 1951, during the Korean War for which 

19 he was originally awarded the distinguished-service cross. 

20 SEC. 573. AUTHORIZATION AND REQUEST FOR AWARD OF 

21 DISTINGUISHED-SERVICE CROSS TO JACK T. 

22 STEWART FOR ACTS OF VALOR DURING THE 

23 VIETNAM WAR. 

24 (a) AUTHORIZATION.—Notwithstanding the time limi25 tations specified in section 3744 of title 10, United States 

26 Code, or any other time limitation with respect to the 


tjames on PRODPC75 with BILLS
157 

•HR 2647 RH

1 awarding of certain medals to persons who served in the 

2 Armed Forces, the Secretary of the Army is authorized and 

3 requested to award the distinguished-service cross under sec4 tion 3742 of such title to former Captain Jack T. Stewart 

5 of the United States Army for the acts of valor during the 

6 Vietnam War described in subsection (b). 

7 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

8 referred to in subsection (a) are the actions of Captain Jack 

9 T. Stewart as commander of a two-platoon Special Forces 

10 Mike Force element in combat with two battalions of the 

11 North Vietnamese Army on March 24, 1967, during the 

12 Vietnam War. 

13 SEC. 574. AUTHORIZATION AND REQUEST FOR AWARD OF 

14 DISTINGUISHED-SERVICE CROSS TO WILLIAM 

15 T. MILES, JR., FOR ACTS OF VALOR DURING 

16 THE KOREAN WAR. 

17 (a) AUTHORIZATION.—Notwithstanding the time limi18 tations specified in section 3744 of title 10, United States 

19 Code, or any other time limitation with respect to the 

20 awarding of certain medals to persons who served in the 

21 Armed Forces, the Secretary of the Army is authorized and 

22 requested to award the distinguished-service cross under sec23 tion 3742 of such title to former to former Sergeant First 

24 William T. Miles, Jr., of the United States Army for the 


tjames on PRODPC75 with BILLS
158 

•HR 2647 RH

1 acts of valor during the Korean War described in subsection 

2 (b). 

3 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 

4 referred to in subsection (a) are the actions of Sergeant 

5 First Class William T. Miles, Jr,. as a member of United 

6 States Special Forces from June 18, 1951, to July 6, 1951, 

7 during the Korean War, when he fought a delaying action 

8 against enemy forces in order to allow other members of 

9 his squad to escape an ambush. 

10 Subtitle H—Military Families 

11 SEC. 581. PILOT PROGRAM TO SECURE INTERNSHIPS FOR 

12 MILITARY SPOUSES WITH FEDERAL AGEN13 CIES. 

14 (a) COST-REIMBURSEMENT AGREEMENTS WITH FED15 ERAL AGENCIES.—The Secretary of Defense may enter into 

16 an agreement with the head of an executive department or 

17 agency that has an established internship program to reim18 burse the department or agency for authorized costs associ19 ated with the first year of employment of an eligible mili20 tary spouse who is selected to participate in the internship 

21 program of the department or agency. 

22 (b) ELIGIBLE MILITARY SPOUSES.— 

23 (1) ELIGIBILITY.—Except as provided in para24 graph (2), any person who is married to a member 

25 of the Armed Forces on active duty is eligible for seVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
159 

•HR 2647 RH

1 lection to participate in an internship program under 

2 a reimbursement agreement entered into under sub3 section (a). 

4 (2) EXCLUSIONS.—Reimbursement may not be 

5 provided with respect to the following persons: 

6 (A) A person who is legally separated from 

7 a member of the Armed Forces under court order 

8 or statute of any State, the District of Columbia, 

9 or possession of the United States when the per10 son begins the internship. 

11 (B) A person who is also a member of the 

12 Armed Forces on active duty. 

13 (C) A person who is a retired member of the 

14 Armed Forces. 

15 (c) FUNDING SOURCE.—Amounts authorized to be ap16 propriated for operation and maintenance, for Defense-wide 

17 activities, shall be available to carry out this section. 

18 (d) DEFINITIONS.—In this section: 

19 (1) The term ‘‘authorized costs’’ includes the 

20 costs of the salary, benefits and allowances, and train21 ing for an eligible military spouse during the first 

22 year of the participation of the military spouse in an 

23 internship program pursuant to an agreement under 

24 subsection (a). 


tjames on PRODPC75 with BILLS
160 

•HR 2647 RH

1 (2) The term ‘‘internship’’ means a professional, 

2 analytical, or administrative position in the Federal 

3 Government that operates under a developmental pro4 gram leading to career advancement. 

5 (e) TERMINATION OF AGREEMENT AUTHORITY.—No 

6 agreement may be entered into under subsection (a) after 

7 September 30, 2011. Authorized costs incurred after that 

8 date may be reimbursed under an agreement entered into 

9 before that date in the case of eligible military spouses who 

10 begin their internship by that date. 

11 (f) REPORTING REQUIREMENT.—Not later than Janu12 ary 1, 2012, the Secretary of Defense shall submit to the 

13 congressional defense committees a report that provides in14 formation on how many eligible military spouses received 

15 internships pursuant to agreements entered into under sub16 section (a) and the types of internship positions they occu17 pied. The report shall specify the number of interns who 

18 subsequently obtained permanent employment with the de19 partment or agency administering the internship program 

20 or with another department or agency. The Secretary shall 

21 include a recommendation regarding whether, given the in22 vestment of Department of Defense funds, the authority to 

23 enter into agreements should be extended, modified, or ter24 minated. 


tjames on PRODPC75 with BILLS
161 

•HR 2647 RH

1 SEC. 582. REPORT ON PROGRESS MADE IN IMPLEMENTING 

2 RECOMMENDATIONS TO REDUCE DOMESTIC 

3 VIOLENCE IN MILITARY FAMILIES. 

4 (a) ASSESSMENT.—The Comptroller General shall re5 view and assess the progress made by the Department of 

6 Defense in implementing the recommendations contained in 

7 the report by the Comptroller General entitled ‘‘Military 

8 Personnel: Progress Made in Implementing Recommenda9 tions to reduce Domestic Violence, but Further Management 

10 Action Needed’’ (GAO-06-540). 

11 (b) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, the Comptroller General shall 

13 submit to the congressional defense committees a report con14 taining the results of the review and assessment under sub15 section (a). 

16 SEC. 583. MODIFICATION OF SERVICEMEMBERS CIVIL RE17 LIEF ACT REGARDING TERMINATION OR SUS18 PENSION OF SERVICE CONTRACTS AND EF19 FECT OF VIOLATION OF INTEREST RATE LIMI20 TATION. 

21 (a) TERMINATION OR SUSPENSION OF SERVICE CON22 TRACTS.—Section 305A of the Servicemembers Civil Relief 

23 Act (50 U.S.C. App. 535a) is amended to read as follows: 


tjames on PRODPC75 with BILLS
162 

•HR 2647 RH

1 ‘‘SEC. 305A. TERMINATION OR SUSPENSION OF SERVICE 

2 CONTRACTS. 

3 ‘‘(a) TERMINATION OR SUSPENSION BY SERVICEMEM4 BER.—A servicemember who is party to or enters into a 

5 contract described in subsection (c) may terminate or sus6 pend, at the servicemember’s option, the contract at any 

7 time after the date of the servicemember’s military orders, 

8 as described in subsection (c). 

9 ‘‘(b) SPECIAL RULES.— 

10 ‘‘(1) A suspension under subsection (a) of a con11 tract by a servicemember shall continue for the length 

12 of the servicemember’s deployment pursuant to the 

13 servicemember’s military orders. 

14 ‘‘(2) A service provider under a contract sus15 pended or terminated under subsection (a) by a 

16 servicemember may not impose a suspension fee or 

17 early termination fee in connection with the suspen18 sion or termination of the contract, other than a 

19 nominal fee for the suspension; except that the service 

20 provider may impose a reasonable fee for any equip21 ment remaining on the premises of the servicemember 

22 during the period of the suspension. The servicemem23 ber may defer, without penalty, payment of such a 

24 nominal fee or reasonable fee for the length of the 

25 servicemember’s deployment pursuant to the 

26 servicemember’s military orders. 


tjames on PRODPC75 with BILLS
163 

•HR 2647 RH

1 ‘‘(3) In any case in which the contract being sus2 pended under subsection (a) is for cellular telephone 

3 service or telephone exchange service, the 

4 servicemember, after the date on which the suspension 

5 of the contract ends, may keep, to the extent prac6 ticable and in accordance with all applicable laws 

7 and regulations, the same telephone number the 

8 servicemember had before the servicemember sus9 pended the contract. 

10 ‘‘(c) COVERED CONTRACTS.—This section applies to a 

11 contract for cellular telephone service, telephone exchange 

12 service, multichannel video programming service, Internet 

13 access service, water, electricity, oil, gas, or other utility 

14 if the servicemember enters into the contract and thereafter 

15 receives military orders— 

16 ‘‘(1) to deploy with a military unit, or as an in17 dividual, in support of a contingency operation for a 

18 period of not less than 90 days; or 

19 ‘‘(2) for a change of permanent station to a loca20 tion that does not support the contract. 

21 ‘‘(d) MANNER OF TERMINATION OR SUSPENSION.— 

22 ‘‘(1) IN GENERAL.—Termination or suspension 

23 of a contract under subsection (a) is made by delivery 

24 by the servicemember of written notice of such termi25 nation or suspension and a copy of the 


tjames on PRODPC75 with BILLS
164 

•HR 2647 RH

1 servicemember’s military orders to the other party to 

2 the contract (or to that party’s grantee or agent). 

3 ‘‘(2) NATURE OF NOTICE.—Delivery of notice 

4 under paragraph (1) may be accomplished— 

5 ‘‘(A) by hand delivery; 

6 ‘‘(B) by private business carrier; 

7 ‘‘(C) by facsimile; or 

8 ‘‘(D) by placing the written notice and a 

9 copy of the servicemember’s military orders in 

10 an envelope with sufficient postage and with re11 turn receipt requested, and addressed as des12 ignated by the party to be notified (or that par13 ty’s grantee or agent), and depositing the enve14 lope in the United States mails. 

15 ‘‘(e) DATE OF CONTRACT TERMINATION OR SUSPEN16 SION.—Termination or suspension of a service contract 

17 under subsection (a) is effective as of the date on which the 

18 notice under subsection (d) is delivered. 

19 ‘‘(f) OTHER OBLIGATIONS AND LIABILITIES.—The 

20 service provider under the contract may not impose an 

21 early termination or suspension charge, but any tax or any 

22 other obligation or liability of the servicemember that, in 

23 accordance with the terms of the contract, is due and un24 paid or unperformed at the time of termination or suspenVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
165 

•HR 2647 RH

1 sion of the contract shall be paid or performed by the serv2 icemember. 

3 ‘‘(g) FEES PAID IN ADVANCE.—A fee or amount paid 

4 in advance for a period after the effective date of the termi5 nation of the contract shall be refunded to the 

6 servicemember by the other party (or that party’s grantee 

7 or agent) within 60 days of the effective date of the termi8 nation of the contract. 

9 ‘‘(h) RELIEF TO OTHER PARTY.—Upon application by 

10 the other party to the contract to a court before the termi11 nation date provided in the written notice, relief granted 

12 by this section to a servicemember may be modified as jus13 tice and equity require. 

14 ‘‘(i) CRIMINAL PENALTY.—Whoever knowingly violates 

15 this section shall be fined not more than $5,000 in the case 

16 of an individual or $10,000 in the case of an organization. 

17 ‘‘(j) PRIVATE RIGHT OF ACTION.— 

18 ‘‘(1) IN GENERAL.—A servicemember harmed by 

19 a violation of this section may in a civil action— 

20 ‘‘(A) obtain any appropriate equitable relief 

21 with respect to the violation; and 

22 ‘‘(B) recover an amount equal to three times 

23 the damages sustained as a result of the viola24 tion. 


tjames on PRODPC75 with BILLS
166 

•HR 2647 RH

1 ‘‘(2) COSTS AND ATTORNEY FEES.—The court 

2 shall award to a servicemember who prevails in an 

3 action under paragraph (1) the costs of the action, in4 cluding a reasonable attorney fee. 

5 ‘‘(3) PRESERVATION OF OTHER REMEDIES.— 

6 Nothing in this section shall be construed to preclude 

7 or limit any remedy otherwise available under law to 

8 the servicemember with respect to conduct prohibited 

9 under this section. 

10 ‘‘(k) DEFINITIONS.—In this section: 

11 ‘‘(1) MULTICHANNEL VIDEO PROGRAMMING SERV12 ICE.—The term ‘multichannel video programming 

13 service’ means video programming service provided by 

14 a multichannel video programming distributor, as 

15 such term is defined in section 602(13) of the Com16 munications Act of 1934 (47 U.S.C. 522(13)). 

17 ‘‘(2) INTERNET ACCESS SERVICE.—The term 

18 ‘Internet access service’ has the meaning given that 

19 term under section 231(e)(4) of the Communications 

20 Act of 1934 (47 U.S.C. 231(e)(4)). 

21 ‘‘(3) CELLULAR TELEPHONE SERVICE.—The 

22 term ‘cellular telephone service’ means commercial 

23 mobile service, as that term is defined in section 

24 332(d) of the Communications Act of 1934 (47 U.S.C. 

25 332(d)). 


tjames on PRODPC75 with BILLS
167 

•HR 2647 RH

1 ‘‘(4) TELEPHONE EXCHANGE SERVICE.—The 

2 term ‘telephone exchange service’ has the meaning 

3 given that term under section 3 of the Communica4 tions Act of 1934 (47 U.S.C. 153).’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents in 

6 section 1(b) of such Act is amended by striking the item 

7 relating to section 305A and inserting the following new 

8 item: 

‘‘Sec. 305A. Termination or suspension of service contracts.’’. 

9 (c) VIOLATION OF INTEREST RATE LIMITATION.—Sec10 tion 207 of such Act is amended— 

11 (1) by amending subsection (e) to read as fol12 lows: 

13 ‘‘(e) CRIMINAL PENALTY.— 

14 ‘‘(1) IN GENERAL.—Whoever knowingly violates 

15 this section shall be fined not more than $5,000 in the 

16 case of an individual or $10,000 in the case of an or17 ganization. 

18 ‘‘(2) DETERMINATION OF NUMBER OF VIOLA19 TIONS.—The court shall count as a separate violation 

20 each obligation or liability of a servicemember with 

21 respect to which— 

22 ‘‘(A) the servicemember properly provided to 

23 the creditor written notice and a copy of the 

24 military orders calling the servicemember to 


tjames on PRODPC75 with BILLS
168 

•HR 2647 RH

1 military service and any orders further extend2 ing military service under subsection (b); and 

3 ‘‘(B) the creditor fails to act in accordance 

4 with subsection (a).’’; 

5 (2) by redesignating subsection (f) as subsection 

6 (g); 

7 (3) by inserting after subsection (e) the following 

8 new subsection (f): 

9 ‘‘(f) RIGHTS OF SERVICEMEMBERS.— 

10 ‘‘(1) PRIVATE RIGHT OF ACTION .—A 

11 servicemember harmed by a violation of this section 

12 may in a civil action— 

13 ‘‘(A) obtain any appropriate equitable relief 

14 with respect to the violation; and 

15 ‘‘(B) recover an amount equal to three times 

16 the damages sustained as a result of the viola17 tion. 

18 ‘‘(2) COSTS AND ATTORNEY FEES.—The court 

19 shall award to a servicemember who prevails in an 

20 action under paragraph (1) the costs of the action, in21 cluding a reasonable attorney fee. 

22 ‘‘(3) PRESERVATION OF OTHER REMEDIES.— 

23 Nothing in this section shall be construed to preclude 

24 or limit any remedy otherwise available under law to 


tjames on PRODPC75 with BILLS
169 

•HR 2647 RH

1 the servicemember with respect to conduct prohibited 

2 under this section.’’; and 

3 (4) in subsection (g), as redesignated by para4 graph (2) of this subsection, by inserting ‘‘and (f)’’ 

5 after ‘‘subsection (e)’’. 

6 (d) EFFECTIVE DATE.—The amendment made by sub7 section (a) shall apply with respect to a contract entered 

8 into on or after the date of the enactment of this Act. 

9 SEC. 584. PROTECTION OF CHILD CUSTODY ARRANGE10 MENTS FOR PARENTS WHO ARE MEMBERS OF 

11 THE ARMED FORCES DEPLOYED IN SUPPORT 

12 OF A CONTINGENCY OPERATION. 

13 (a) CHILD CUSTODY PROTECTION.—Title II of the 

14 Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 

15 seq.) is amended by adding at the end the following new 

16 section: 

17 ‘‘SEC. 208. CHILD CUSTODY PROTECTION. 

18 ‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 

19 motion for change of custody of a child of a servicemember 

20 is filed while the servicemember is deployed in support of 

21 a contingency operation, no court may enter an order modi22 fying or amending any previous judgment or order, or issue 

23 a new order, that changes the custody arrangement for that 

24 child that existed as of the date of the deployment of the 

25 servicemember, except that a court may enter a temporary 


tjames on PRODPC75 with BILLS
170 

•HR 2647 RH

1 custody order if the court finds that it is in the best interest 

2 of the child. 

3 ‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre4 ceding covered under subsection (a), a court shall require 

5 that, upon the return of the servicemember from deployment 

6 in support of a contingency operation, the custody order 

7 that was in effect immediately preceding the date of the de8 ployment of the servicemember is reinstated, unless the 

9 court finds that such a reinstatement is not in the best in10 terest of the child, except that any such finding shall be 

11 subject to subsection (c). 

12 ‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DETER13 MINATION OF CHILD’S BEST INTEREST.—If a motion for 

14 the change of custody of the child of a servicemember is filed, 

15 no court may consider the absence of the servicemember by 

16 reason of deployment, or possibility of deployment, in deter17 mining the best interest of the child. 

18 ‘‘(d) NO FEDERAL RIGHT OF ACTION.—Nothing in 

19 this section shall create a Federal right of action. 

20 ‘‘(e) PREEMPTION.—In any case where State or Fed21 eral law applicable to a child custody proceeding under 

22 State or Federal law provides a higher standard of protec23 tion to the rights of the parent who is a servicemember than 

24 the rights provided under this section, the State or Federal 

25 court shall apply the State or Federal standard. 


tjames on PRODPC75 with BILLS
171 

•HR 2647 RH

1 ‘‘(f) CONTINGENCY OPERATION DEFINED.—In this sec2 tion, the term ‘contingency operation’ has the meaning 

3 given that term in section 101(a)(13) of title 10, United 

4 States Code, except that the term may include such other 

5 deployments as the Secretary may prescribe.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents in 

7 section 1(b) of such Act is amended by adding at the end 

8 of the items relating to title II the following new item: 

‘‘208. Child custody protection.’’. 

9 SEC. 585. DEFINITIONS IN FAMILY AND MEDICAL LEAVE 

10 ACT OF 1993 RELATED TO ACTIVE DUTY, 

11 SERVICEMEMBERS, AND RELATED MATTERS. 

12 (a) DEFINITION OF COVERED ACTIVE DUTY.— 

13 (1) DEFINITION.—Paragraph (14) of section 101 

14 of the Family and Medical Leave Act of 1993 (29 

15 U.S.C. 2611) is amended— 

16 (A) by striking all that precedes ‘‘under a 

17 call’’ and inserting the following: 

18 ‘‘(14) COVERED ACTIVE DUTY.—The term ‘cov19 ered active duty’ means— 

20 ‘‘(A) in the case of a member of a regular 

21 component of the Armed Forces, duty during the 

22 deployment of the member with the Armed 

23 Forces to a foreign country; and 

24 ‘‘(B) in the case of a member of a reserve 

25 component of the Armed Forces, duty during the 


tjames on PRODPC75 with BILLS
172 

•HR 2647 RH

1 deployment of the member with the Armed 

2 Forces to a foreign country’’; and 

3 (B) by striking ‘‘101(a)(13)(B)’’ and insert4 ing ‘‘101(a)(13)’’. 

5 (2) LEAVE.—Section 102 of the Family and 

6 Medical Leave Act of 1993 (29 U.S.C. 2612) is 

7 amended— 

8 (A) in subsection (a)(1)(E), by striking ‘‘ac9 tive duty’’ each place it appears and inserting 

10 ‘‘covered active duty’’; and 

11 (B) in subsection (e)(3)— 

12 (i) in the paragraph heading, by strik13 ing ‘‘ACTIVE DUTY’’ and inserting ‘‘COV14 ERED ACTIVE DUTY’’; and 

15 (ii) by striking ‘‘active duty’’ each 

16 place it appears and inserting ‘‘covered ac17 tive duty’’. 

18 (3) CONFORMING AMENDMENT.—Section 103(f) 

19 of the Family and Medical Leave Act of 1993 (29 

20 U.S.C. 2613(f)) is amended, in the subsection head21 ing, by striking ‘‘ACTIVE DUTY’’ both places it ap22 pears and inserting ‘‘COVERED ACTIVE DUTY’’. 

23 (b) DEFINITION OF COVERED SERVICEMEMBER.—Sec24 tion 101 of the Family and Medical Leave Act of 1993 is 


tjames on PRODPC75 with BILLS
173 

•HR 2647 RH

1 further amended by striking paragraph (16) and inserting 

2 the following new paragraph: 

3 ‘‘(16) COVERED SERVICEMEMBER.—The term 

4 ‘covered servicemember’ means— 

5 ‘‘(A) a member of the Armed Forces (includ6 ing a member of the National Guard or Re7 serves) who is undergoing medical treatment, re8 cuperation, or therapy, is otherwise in out9 patient status, or is otherwise on the temporary 

10 disability retired list, for a serious injury or ill11 ness; or 

12 ‘‘(B) a veteran who is undergoing medical 

13 treatment, recuperation, or therapy, for a serious 

14 injury or illness and who was a member of the 

15 Armed Forces (including a member of the Na16 tional Guard or Reserves) at any time during 

17 the period of 5 years preceding the date on which 

18 the veteran undergoes that medical treatment, re19 cuperation, or therapy.’’. 

20 (c) DEFINITIONS OF SERIOUS INJURY OR ILLNESS; 

21 VETERAN.—Section 101 of the Family and Medical Leave 

22 Act of 1993 is further amended by striking paragraph (19) 

23 and inserting the following new paragraphs: 

24 ‘‘(19) SERIOUS INJURY OR ILLNESS.—The term 

25 ‘serious injury or illness’— 


tjames on PRODPC75 with BILLS
174 

•HR 2647 RH

1 ‘‘(A) in the case of a member of the Armed 

2 Forces (including a member of the National 

3 Guard or Reserves), means an injury or illness 

4 incurred by the member in line of duty on cov5 ered active duty in the Armed Forces that may 

6 render the member medically unfit to perform 

7 the duties of the member’s office, grade, rank, or 

8 rating; and 

9 ‘‘(B) in the case of a veteran who was a 

10 member of the Armed Forces (including a mem11 ber of the National Guard or Reserves) at any 

12 time during a period described in paragraph 

13 (16)(B), means an injury or illness incurred by 

14 the member in line of duty on covered active 

15 duty in the Armed Forces, that manifested itself 

16 after the member became a veteran, and that 

17 may have rendered the member medically unfit 

18 to perform the duties of the member’s office, 

19 grade, rank, or rating on the date the injury or 

20 illness was incurred if the injury or illness had 

21 manifested itself on that date. 

22 ‘‘(20) VETERAN.—The term ‘veteran’ has the 

23 meaning given the term in section 101 of title 38, 

24 United States Code.’’. 


tjames on PRODPC75 with BILLS
175 

•HR 2647 RH

1 (d) TECHNICAL AMENDMENT.—Section 102(e)(2)(A) of 

2 the Family and Medical Leave Act of 1993 (29 U.S.C. 

3 2612(e)(2)(A)) is amended by striking ‘‘or parent’’ and in4 serting ‘‘parent, or next of kin (for leave taken under sub5 section (a)(3))’’. 

6 (e) EFFECTIVE DATE AND REGULATIONS.—The 

7 amendments made by this section shall take effect on the 

8 date of the enactment of this Act. Not later than 120 days 

9 after such date, the Secretary of Labor shall issue direct 

10 final conforming regulations solely to implement such 

11 amendments. 

12 Subtitle I—Other Matters 

13 SEC. 591. NAVY GRANTS TO NAVAL SEA CADET CORPS. 

14 (a) GRANTS AUTHORIZED.—Chapter 647 of title 10, 

15 United States Code, is amended by inserting after section 

16 7541a the following new section: 

17 ‘‘§ 7541b. Authority to make grants to Naval Sea 

18 Cadet Corps 

19 ‘‘Subject to the availability of funds for this purpose, 

20 the Secretary of the Navy may make grants to support the 

21 purposes of the Naval Sea Cadet Corps, a federally char22 tered corporation under chapter 1541 of title 36.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections at 

24 the beginning of such chapter is amended by inserting after 

25 the item relating to section 7541a the following new item: 

‘‘7541b. Authority to make grants to Naval Sea Cadet Corps.’’. 


tjames on PRODPC75 with BILLS
176 

•HR 2647 RH

1 SEC. 592. IMPROVED RESPONSE AND INVESTIGATION OF 

2 ALLEGATIONS OF SEXUAL ASSAULT INVOLV3 ING MEMBERS OF THE ARMED FORCES. 

4 (a) COMPTROLLER GENERAL REPORT.— 

5 (1) REPORT REQUIRED.—Not later than one 

6 year after the date of the enactment of this Act, the 

7 Comptroller General shall submit to the congressional 

8 defense committees a report containing a review of the 

9 capacity of each service of the Armed Forces to inves10 tigate and adjudicate allegations of sexual assault to 

11 determine whether there are any barriers that nega12 tively affect the ability of that service to facilitate the 

13 investigation and adjudication of such allegations to 

14 the full extent of the Uniform Code of Military Jus15 tice. 

16 (2) ELEMENTS OF REPORT.—The report required 

17 by paragraph (1) shall include a review of the fol18 lowing: 

19 (A) The command processes of each of the 

20 Armed Forces for handling allegations of sexual 

21 assault (including command guidance, standing 

22 orders, and related matters), the staff judge advo23 cate structure of each Armed Force for cases of 

24 sexual assault, and the personnel and budget re25 sources allocated to handle allegations of sexual 

26 assault. 


tjames on PRODPC75 with BILLS
177 

•HR 2647 RH

1 (B) The extent to which command decisions 

2 regarding the disposition of cases properly direct 

3 cases to the most-appropriate venue for adjudica4 tion. 

5 (C) The effectiveness of personnel training 

6 methods regarding investigation and adjudica7 tion of sexual assault cases. 

8 (D) The capacity to investigate and adju9 dicate sexual assault cases in combat zones. 

10 (E) The recommendations of the Defense 

11 Task Force on Sexual Assault in the Military re12 garding investigation and adjudication of sexual 

13 assault. 

14 (b) PREVENTION.—Not later than 180 days after the 

15 dates of the enactment of this Act, the Secretary of Defense 

16 shall develop and submit to the congressional defense com17 mittees a sexual assault prevention program, which shall 

18 include, at minimum, the following components: 

19 (1) Action plans for reducing the number of sex20 ual assaults, with timelines for implementation of the 

21 plans, development tools, and a comprehensive evalua22 tion process. 

23 (2) A mechanism to measure the effectiveness of 

24 the program, to include outcome measurement and 

25 metrics. 


tjames on PRODPC75 with BILLS
178 

•HR 2647 RH

1 (3) Training programs for commanders and sen2 ior enlisted leaders, including pre-command courses. 

3 (4) The budget necessary to permit full imple4 mentation of the program. 

5 (c) SEXUAL ASSAULT FORENSIC EXAMS.— 

6 (1) AVAILABILITY OF SEXUAL ASSAULT FORENSIC

7 EXAMS IN COMBAT ZONES.—Not later than 180 days 

8 after the date of the enactment of this Act, the Sec9 retary of Defense shall submit to the congressional de10 fense committees a report evaluating the availability 

11 of sexual assault forensic examinations in combat 

12 zones. The report shall include, at a minimum, the 

13 following: 

14 (A) The current availability of sexual as15 sault forensic examinations in combat zones. 

16 (B) The barriers to providing sexual assault 

17 forensic examinations at all echelons of care in 

18 combat zones. 

19 (C) Any legislative actions required to im20 prove the availability of sexual assault forensic 

21 examinations in combat zones. 

22 (2) TRICARE COVERAGE FOR FORENSIC EXAMINA23 TION FOLLOWING SEXUAL ASSAULT OR DOMESTIC VIO24 LENCE.—Not later than 30 days after the date of the 

25 enactment of this Act, the Secretary of Defense shall 


tjames on PRODPC75 with BILLS
179 

•HR 2647 RH

1 submit to the congressional defense committees a re2 port describing the progress made in implementing 

3 section 1079(a)(17) of title 10, United States Code, as 

4 added by section 701 of the John Warner National 

5 Defense Authorization Act for Fiscal Year 2007 (Pub6 lic Law 109-324; 120 Stat. 2279). 

7 (d) MILITARY PROTECTIVE ORDERS.— 

8 (1) COLLECTION OF STATISTICAL INFORMA9 TION.—Not later than 30 days after the date of enact10 ment of this Act, the Secretary of Defense shall re11 quire that sexual assault statistics collected by the De12 partment of Defense include information on whether 

13 a military protective order was issued that involved 

14 either the victim or alleged perpetrator of a sexual as15 sault. The Secretary shall include such information in 

16 the annual report submitted to Congress on sexual as17 saults involving members of the Armed Forces. 

18 (2) INFORMATION TO MEMBERS.—The Secretary 

19 of Defense shall ensure that, when a military protec20 tive order is issued to protect a member of the Armed 

21 Forces, the member is informed of the right of the 

22 member to request a base transfer from the command. 


tjames on PRODPC75 with BILLS
180 

•HR 2647 RH

1 SEC. 593. MODIFICATION OF MATCHING FUND REQUIRE2 MENTS UNDER NATIONAL GUARD YOUTH 

3 CHALLENGE PROGRAM. 

4 (a) AUTHORITY TO INCREASE DOD SHARE OF PRO5 GRAM.—Section 509(d)(1) of title 32, United States Code, 

6 is amended by striking ‘‘60 percent of the costs’’ and insert7 ing ‘‘75 percent of the costs’’. 

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall take effect on October 1, 2009, and shall 

10 apply with respect to fiscal years beginning on or after that 

11 date. 

12 TITLE VI—COMPENSATION AND 

13 OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

Sec. 602. Special monthly compensation allowance for members with combat-related catastrophic injuries or illnesses pending their retirement 

or separation for physical disability. 

Sec. 603. Stabilization of pay and allowances for senior enlisted members and 

warrant officers appointed as officers and officers reappointed in 

a lower grade. 

Sec. 604. Report on housing standards used to determine basic allowance for 

housing. 

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 pay. 

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


tjames on PRODPC75 with BILLS
181 

•HR 2647 RH

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. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Transportation of additional motor vehicle of members on change of 

permanent station to or from nonforeign areas outside the continental United States. 

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

wounded, ill, or injured members 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. Increased weight allowance for transportation of baggage and household 

effects for certain enlisted members. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Recomputation of retired pay and adjustment of retired grade of Reserve retirees to reflect service after retirement. 

Sec. 642. 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. 

Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 

and Operations 

Sec. 651. Additional exception to limitation on use of appropriated funds for Department of Defense golf courses. 

Sec. 652. Limitation on Department of Defense entities offering personal information services to members and their dependents. 

Sec. 653. 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. Army authority to provide additional recruitment incentives. 

Sec. 663. Benefits under Post-Deployment/Mobilization Respite Absence program 

for certain periods before implementation of program. 

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

other military personnel programs. 


tjames on PRODPC75 with BILLS
182 

•HR 2647 RH

1 Subtitle A—Pay and Allowances 

2 SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC 

3 PAY. 

4 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad5 justment to become effective during fiscal year 2010 re6 quired by section 1009 of title 37, United States Code, in 

7 the rates of monthly basic pay authorized members of the 

8 uniformed services shall not be made. 

9 (b) INCREASE IN BASIC PAY.—Effective on January 

10 1, 2010, the rates of monthly basic pay for members of the 

11 uniformed services are increased by 3.4 percent. 

12 SEC. 602. SPECIAL MONTHLY COMPENSATION ALLOWANCE 

13 FOR MEMBERS WITH COMBAT-RELATED CATA14 STROPHIC INJURIES OR ILLNESSES PENDING 

15 THEIR RETIREMENT OR SEPARATION FOR 

16 PHYSICAL DISABILITY. 

17 (a) IN GENERAL.—Chapter 7 of title 37, United States 

18 Code, is amended by adding at the end the following new 

19 section: 

20 ‘‘§ 439. Special monthly compensation: members with 

21 combat-related catastrophic injuries or 

22 illnesses pending their retirement or sepa23 ration for physical disability 

24 ‘‘(a) COMPENSATION AUTHORIZED.—(1) The Sec25 retary concerned may pay to any member of the uniformed 


tjames on PRODPC75 with BILLS
183 

•HR 2647 RH

1 services described in paragraph (2) a special monthly com2 pensation in an amount determined under subsection (b). 

3 ‘‘(2) Subject to paragraph (3), a member eligible for 

4 the compensation authorized by paragraph (1) is a mem5 ber— 

6 ‘‘(A) who has a combat-related catastrophic in7 jury or illness; and 

8 ‘‘(B) who has been certified by a licensed physi9 cian as being in need of assistance from another per10 son to perform the personal functions required in ev11 eryday living; and 

12 ‘‘(3) The Secretary of Defense (or the Secretary of 

13 Homeland Security, with respect to the Coast Guard) may 

14 establish additional eligibility criteria in the regulations re15 quired by subsection (e). 

16 ‘‘(b) AUTHORIZED AMOUNT OF COMPENSATION.—(1) 

17 The amount of the special monthly compensation authorized 

18 by subsection (a) shall be determined under criteria pre19 scribed in the regulations required by subsection (e), except 

20 that the amount may not exceed the amount of the aid and 

21 attendance allowance authorized by section 1114(r) of title 

22 38 for veterans in need of regular aid and attendance. 

23 ‘‘(2) In determining the amount of the special monthly 

24 compensation to be provided to a member, the Secretary 

25 concerned shall consider the extent to which— 


tjames on PRODPC75 with BILLS
184 

•HR 2647 RH

1 ‘‘(A) home health care and related services are 

2 being provided to the member by the Government; and 

3 ‘‘(B) aid and attendance services are being pro4 vided by family and friends of the member who may 

5 be compensated with funds provided through the spe6 cial monthly compensation authorized by this section. 

7 ‘‘(c) TERMINATION.—The eligibility of a member to re8 ceive special monthly compensation under subsection (a) 

9 terminates on the earlier of the following: 

10 ‘‘(1) The first month following the end of the 90- 

11 day period beginning on the date of the separation or 

12 retirement of the member. 

13 ‘‘(2) The first month beginning after the death of 

14 the member. 

15 ‘‘(3) The first month beginning after the date on 

16 which the member is determined to be no longer af17 flicted with a catastrophic injury or illness. 

18 ‘‘(d) DEFINITIONS.—In this section: 

19 ‘‘(1) The term ‘catastrophic injury or illness’ 

20 means a permanent, severely disabling injury, dis21 order, or illness that the Secretary concerned deter22 mines compromises the ability of the afflicted person 

23 to carry out the activities of daily living to such a 

24 degree that the person requires— 


tjames on PRODPC75 with BILLS
185 

•HR 2647 RH

1 ‘‘(A) personal or mechanical assistance to 

2 leave home or bed; or 

3 ‘‘(B) constant supervision to avoid physical 

4 harm to self or others. 

5 ‘‘(2) The term ‘combat-related’, with respect to a 

6 catastrophic injury or illness, means a wound, injury, 

7 or illness for which the member involved was awarded 

8 the Purple Heart or that was incurred as described 

9 in section 1413a(e)(2) of title 10. 

10 ‘‘(e) REGULATIONS.—The Secretary of Defense (or the 

11 Secretary of Homeland Security, with respect to the Coast 

12 Guard) shall prescribe regulations to carry out this sec13 tion.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections at 

15 the beginning of such chapter is amended by adding at the 

16 end the following new item: 

‘‘439. Special monthly compensation: members with combat-related catastrophic 

injuries or illnesses pending their retirement or separation for 

physical disability.’’. 

17 SEC. 603. STABILIZATION OF PAY AND ALLOWANCES FOR 

18 SENIOR ENLISTED MEMBERS AND WARRANT 

19 OFFICERS APPOINTED AS OFFICERS AND OF20 FICERS REAPPOINTED IN A LOWER GRADE. 

21 (a) IN GENERAL.—Section 907 of title 37, United 

22 States Code, is amended to read as follows: 


tjames on PRODPC75 with BILLS
186 

•HR 2647 RH

1 ‘‘§ 907. Members appointed or reappointed as officers: 

2 no reduction in pay and allowances 

3 ‘‘(a) STABILIZATION OF PAY AND ALLOWANCES.—A 

4 member of the armed forces who accepts an appointment 

5 or reappointment as an officer without a break in service 

6 shall, for service as an officer, be paid the greater of— 

7 ‘‘(1) the pay and allowances to which the officer 

8 is entitled as an officer; or 

9 ‘‘(2) the pay and allowances to which the officer 

10 would be entitled if the officer were in the last grade 

11 the officer held before the appointment or reappoint12 ment as an officer. 

13 ‘‘(b) COVERED PAYS.—(1) Subject to paragraphs (2) 

14 and (3), for the purposes of this section, the pay of a grade 

15 formerly held by an officer described in subsection (a) in16 clude special and incentive pays under chapter 5 of this 

17 title. 

18 ‘‘(2) In determining the amount of the pay of a grade 

19 formerly held by an officer, special and incentive pays may 

20 be considered only so long as the officer continues to perform 

21 the duty that creates the entitlement to, or eligibility for, 

22 that pay and would otherwise be eligible to receive that pay 

23 in the former grade. 

24 ‘‘(3) Special and incentive pays that are dependent on 

25 a member being in an enlisted status may not be considered 


tjames on PRODPC75 with BILLS
187 

•HR 2647 RH

1 in determining the amount of the pay of a grade formerly 

2 held by an officer. 

3 ‘‘(c) COVERED ALLOWANCES.—(1) Subject to para4 graph (2), for the purposes of this section, the allowances 

5 of a grade formerly held by an officer described in sub6 section (a) include allowances under chapter 7 of this title. 

7 ‘‘(2) The clothing allowance under section 418 of this 

8 title may not be considered in determining the amount of 

9 the allowances of a grade formerly held by an officer de10 scribed in subsection (a) if the officer is entitled to a uni11 form allowance under section 415 of this title. 

12 ‘‘(d) RATES OF PAY AND ALLOWANCES.—For the pur13 poses of this section, the rates of pay and allowances of a 

14 grade that an officer formerly held are those rates that the 

15 officer would be entitled to had the officer remained in that 

16 grade and continued to receive the increases in pay and 

17 allowances authorized for that grade, as otherwise provided 

18 in this title or other provisions of law.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of chapter 17 of such title is amended by 

21 striking the item relating to section 907 and inserting the 

22 following new item: 

‘‘907. Members appointed or reappointed as officers: no reduction in pay and allowances.’’. 


tjames on PRODPC75 with BILLS
188 

•HR 2647 RH

1 SEC. 604. REPORT ON HOUSING STANDARDS USED TO DE2 TERMINE BASIC ALLOWANCE FOR HOUSING. 

3 (a) REPORT REQUIRED.—Not later than July 1, 2010, 

4 the Secretary of Defense shall submit to the congressional 

5 defense committees a report containing— 

6 (1) a review of the housing standards used to de7 termine the monthly rates of basic allowance for hous8 ing under section 403 of title 37, United States Code; 

9 and 

10 (2) such recommended changes to the standards, 

11 including an estimate of the cost of each recommended 

12 change, as the Secretary considers appropriate. 

13 (b) ELEMENTS OF REVIEW.—The Secretary shall con14 sider whether the housing standards are suitable in terms 

15 of— 

16 (1) recognizing the societal needs and expecta17 tions of families in the United States; 

18 (2) providing for an appropriate quality of life 

19 for members of the Armed Forces in all grades; and 

20 (3) recognizing the appropriate rewards and 

21 prestige associated with promotion to higher military 

22 grades throughout the rank structure. 


tjames on PRODPC75 with BILLS
189 

•HR 2647 RH

1 Subtitle B—Bonuses and Special 

2 and Incentive Pays 

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

4 SPECIAL PAY AUTHORITIES FOR RESERVE 

5 FORCES. 

6 The following sections of title 37, United States Code, 

7 are amended by striking ‘‘December 31, 2009’’ and insert8 ing ‘‘December 31, 2010’’: 

9 (1) Section 308b(g), relating to Selected Reserve 

10 reenlistment bonus. 

11 (2) Section 308c(i), relating to Selected Reserve 

12 affiliation or enlistment bonus. 

13 (3) Section 308d(c), relating to special pay for 

14 enlisted members assigned to certain high-priority 

15 units. 

16 (4) Section 308g(f)(2), relating to Ready Reserve 

17 enlistment bonus for persons without prior service. 

18 (5) Section 308h(e), relating to Ready Reserve 

19 enlistment and reenlistment bonus for persons with 

20 prior service. 

21 (6) Section 308i(f), relating to Selected Reserve 

22 enlistment and reenlistment bonus for persons with 

23 prior service. 

24 (7) Section 910(g), relating to income replace25 ment payments for reserve component members expeVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
190 

•HR 2647 RH

1 riencing extended and frequent mobilization for active 

2 duty service. 

3 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 

4 SPECIAL PAY AUTHORITIES FOR HEALTH 

5 CARE PROFESSIONALS. 

6 (a) TITLE 10 AUTHORITIES.—The following sections 

7 of title 10, United States Code, are amended by striking 

8 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’: 

9 (1) Section 2130a(a)(1), relating to nurse officer 

10 candidate accession program. 

11 (2) Section 16302(d), relating to repayment of 

12 education loans for certain health professionals who 

13 serve in the Selected Reserve. 

14 (b) TITLE 37 AUTHORITIES.—The following sections of 

15 title 37, United States Code, are amended by striking ‘‘De16 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’: 

17 (1) Section 302c-1(f), relating to accession and 

18 retention bonuses for psychologists. 

19 (2) Section 302d(a)(1), relating to accession 

20 bonus for registered nurses. 

21 (3) Section 302e(a)(1), relating to incentive spe22 cial pay for nurse anesthetists. 

23 (4) Section 302g(e), relating to special pay for 

24 Selected Reserve health professionals in critically 

25 short wartime specialties. 


tjames on PRODPC75 with BILLS
191 

•HR 2647 RH

1 (5) Section 302h(a)(1), relating to accession 

2 bonus for dental officers. 

3 (6) Section 302j(a), relating to accession bonus 

4 for pharmacy officers. 

5 (7) Section 302k(f), relating to accession bonus 

6 for medical officers in critically short wartime spe7 cialties. 

8 (8) Section 302l(g), relating to accession bonus 

9 for dental specialist officers in critically short war10 time specialties. 

11 SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 

12 BONUS AUTHORITIES FOR NUCLEAR OFFI13 CERS. 

14 The following sections of title 37, United States Code, 

15 are amended by striking ‘‘December 31, 2009’’ and insert16 ing ‘‘December 31, 2010’’: 

17 (1) Section 312(f), relating to special pay for 

18 nuclear-qualified officers extending period of active 

19 service. 

20 (2) Section 312b(c), relating to nuclear career 

21 accession bonus. 

22 (3) Section 312c(d), relating to nuclear career 

23 annual incentive bonus. 


tjames on PRODPC75 with BILLS
192 

•HR 2647 RH

1 SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT2 ING TO TITLE 37 CONSOLIDATED SPECIAL 

3 PAY, INCENTIVE PAY, AND BONUS AUTHORI4 TIES. 

5 The following sections of title 37, United States Code, 

6 are amended by striking ‘‘December 31, 2009’’ and insert7 ing ‘‘December 31, 2010’’: 

8 (1) Section 331(h), relating to general bonus au9 thority for enlisted members. 

10 (2) Section 332(g), relating to general bonus au11 thority for officers. 

12 (3) Section 333(i), relating to special bonus and 

13 incentive pay authorities for nuclear officers. 

14 (4) Section 334(i), relating to special aviation 

15 incentive pay and bonus authorities for officers. 

16 (5) Section 335(k), relating to special bonus and 

17 incentive pay authorities for officers in health profes18 sions. 

19 (6) Section 351(i), relating to hazardous duty 

20 pay. 

21 (7) Section 352(g), relating to assignment pay or 

22 special duty pay. 

23 (8) Section 353(j), relating to skill incentive pay 

24 or proficiency bonus. 


tjames on PRODPC75 with BILLS
193 

•HR 2647 RH

1 (9) Section 355(i), relating to retention incen2 tives for members qualified in critical military skills 

3 or assigned to high priority units. 

4 SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT5 ING TO PAYMENT OF OTHER TITLE 37 BO6 NUSES AND SPECIAL PAY. 

7 The following sections of chapter 5 of title 37, United 

8 States Code, are amended by striking ‘‘December 31, 2009’’ 

9 and inserting ‘‘December 31, 2010’’: 

10 (1) Section 301b(a), relating to aviation officer 

11 retention bonus. 

12 (2) Section 307a(g), relating to assignment in13 centive pay. 

14 (3) Section 308(g), relating to reenlistment 

15 bonus for active members. 

16 (4) Section 309(e), relating to enlistment bonus. 

17 (5) Section 324(g), relating to accession bonus 

18 for new officers in critical skills. 

19 (6) Section 326(g), relating to incentive bonus 

20 for conversion to military occupational specialty to 

21 ease personnel shortage. 

22 (7) Section 327(h), relating to incentive bonus 

23 for transfer between armed forces. 

24 (8) Section 330(f), relating to accession bonus for 

25 officer candidates. 


tjames on PRODPC75 with BILLS
194 

•HR 2647 RH

1 SEC. 616. ONE-YEAR EXTENSION OF AUTHORITIES RELAT2 ING TO PAYMENT OF REFERRAL BONUSES. 

3 The following sections of title 10, United States Code, 

4 are amended by striking ‘‘December 31, 2009’’ and insert5 ing ‘‘December 31, 2010’’: 

6 (1) Section 1030(i), relating to health professions 

7 referral bonus. 

8 (2) Section 3252(h), relating to Army referral 

9 bonus. 

10 SEC. 617. TECHNICAL CORRECTIONS AND CONFORMING 

11 AMENDMENTS TO RECONCILE CONFLICTING 

12 AMENDMENTS REGARDING CONTINUED PAY13 MENT OF BONUSES AND SIMILAR BENEFITS 

14 FOR CERTAIN MEMBERS. 

15 (a) TECHNICAL CORRECTIONS TO RECONCILE CON16 FLICTING AMENDMENTS.—Section 303a(e) of title 37, 

17 United States Code, is amended— 

18 (1) in paragraph (1)(A), by striking ‘‘paragraph 

19 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

20 (2) by redesignating paragraphs (3) and (4) as 

21 paragraphs (4) and (5), respectively; 

22 (3) in paragraph (5), as so redesignated, by 

23 striking ‘‘paragraph (3)(B)’’ and inserting ‘‘para24 graph (4)(B)’’; 

25 (4) by redesignating paragraph (2), as added by 

26 section 651(b) of the Duncan Hunter National DeVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
195 

•HR 2647 RH

1 fense Authorization Act for Fiscal Year 2009 (Public 

2 Law 110–417; 122 Stat. 4495), as paragraph (3); and 

3 (5) by redesignating the second subparagraph 

4 (B) of paragraph (1), originally added as paragraph 

5 (2) by section 2(a)(3) of the Hubbard Act (Public 

6 Law 110–317; 122 Stat. 3526) and erroneously des7 ignated as subparagraph (B) by section 651(a)(3) of 

8 the Duncan Hunter National Defense Authorization 

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

10 Stat. 4495), as paragraph (2). 

11 (b) INCLUSION OF HUBBARD ACT AMENDMENT IN

12 CONSOLIDATED SPECIAL PAY AND BONUS AUTHORITIES.— 

13 Section 373(b) of such title is amended— 

14 (1) in paragraph (2), by striking the paragraph 

15 heading and inserting ‘‘SPECIAL RULE FOR DE16 CEASED AND DISABLED MEMBERS.—’’; and 

17 (2) by adding at the end the following new para18 graph: 

19 ‘‘(3) SPECIAL RULE FOR MEMBERS WHO RE20 CEIVE SOLE SURVIVORSHIP DISCHARGE.—(A) If a 

21 member of the uniformed services receives a sole survi22 vorship discharge, the Secretary concerned— 

23 ‘‘(i) shall not require repayment by the 

24 member of the unearned portion of any bonus, 


tjames on PRODPC75 with BILLS
196 

•HR 2647 RH

1 incentive pay, or similar benefit previously paid 

2 to the member; and 

3 ‘‘(ii) may grant an exception to the require4 ment to terminate the payment of any unpaid 

5 amounts of a bonus, incentive pay, or similar 

6 benefit if the Secretary concerned determines that 

7 termination of the payment of the unpaid 

8 amounts would be contrary to a personnel policy 

9 or management objective, would be against eq10 uity and good conscience, or would be contrary 

11 to the best interests of the United States. 

12 ‘‘(B) In this paragraph, the term ‘sole survivor13 ship discharge’ means the separation of a member 

14 from the Armed Forces, at the request of the member, 

15 pursuant to the Department of Defense policy permit16 ting the early separation of a member who is the only 

17 surviving child in a family in which— 

18 ‘‘(i) the father or mother or one or more sib19 lings— 

20 ‘‘(I) served in the Armed Forces; and 

21 ‘‘(II) was killed, died as a result of 

22 wounds, accident, or disease, is in a cap23 tured or missing in action status, or is per24 manently 100 percent disabled or hospital25 ized on a continuing basis (and is not emVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00196 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
197 

•HR 2647 RH

1 ployed gainfully because of the disability or 

2 hospitalization); and 

3 ‘‘(ii) the death, status, or disability did not 

4 result from the intentional misconduct or willful 

5 neglect of the parent or sibling and was not in6 curred during a period of unauthorized ab7 sence.’’. 

8 SEC. 618. PRORATION OF CERTAIN SPECIAL AND INCEN9 TIVE PAYS TO REFLECT TIME DURING WHICH 

10 A MEMBER SATISFIES ELIGIBILITY REQUIRE11 MENTS FOR THE SPECIAL OR INCENTIVE PAY. 

12 (a) SPECIAL PAY FOR DUTY SUBJECT TO HOSTILE

13 FIRE OR IMMINENT DANGER.—Section 310 of title 37, 

14 United States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘AND SPECIAL PAY

17 AMOUNT’’ in the subsection heading; and 

18 (B) by striking ‘‘at the rate of $225 for any 

19 month’’ in the matter preceding paragraph (1) 

20 and inserting ‘‘under subsection (b) for any 

21 month or portion of a month’’; 

22 (2) in subsection (c), by striking paragraph (3); 

23 (3) by redesignating subsections (b), (c), and (d) 

24 as subsections (c), (d), and (e), respectively; and 


tjames on PRODPC75 with BILLS
198 

•HR 2647 RH

1 (4) by inserting after subsection (a) the following 

2 new subsection: 

3 ‘‘(b) SPECIAL PAY AMOUNT; PRORATION.—(1) The 

4 special pay authorized by subsection (a) may not exceed 

5 $225 a month. 

6 ‘‘(2) Except as provided in subsection (c), if a member 

7 does not satisfy the eligibility requirements specified in 

8 paragraphs (1) and (2) of subsection (a) for an entire 

9 month for receipt of special pay under subsection (a), the 

10 Secretary concerned may prorate the payment amount to 

11 reflect the duration of the member’s actual qualifying serv12 ice during the month.’’. 

13 (b) HAZARDOUS DUTY PAY.—Section 351 of such title 

14 is amended— 

15 (1) by striking subsections (c) and (d) and redes16 ignating subsections (e) through (i) as subsections (d) 

17 through (h), respectively; and 

18 (2) by inserting after subsection (b) the following 

19 new subsection: 

20 ‘‘(c) METHOD OF PAYMENT; PRORATION.— 

21 ‘‘(1) MONTHLY PAYMENT.—Subject to paragraph 

22 (2), hazardous duty pay shall be paid on a monthly 

23 basis. 

24 ‘‘(2) PRORATION.—If a member does not satisfy 

25 the eligibility requirements specified in paragraph 


tjames on PRODPC75 with BILLS
199 

•HR 2647 RH

1 (1), (2), or (3) of subsection (a) for an entire month 

2 for receipt of hazardous duty pay, the Secretary con3 cerned may prorate the payment amount to reflect the 

4 duration of the member’s actual qualifying service 

5 during the month.’’. 

6 (c) ASSIGNMENT OR SPECIAL DUTY PAY.—Section 

7 352(b)(1) of such title is amended by adding at the end 

8 the following new sentence: ‘‘If paid monthly, the Secretary 

9 concerned may prorate the monthly amount of the assign10 ment or special duty pay for a member who does not satisfy 

11 the eligibility requirement for an entire month to reflect the 

12 duration of the member’s actual qualifying service during 

13 the month.’’. 

14 (d) SKILL INCENTIVE PAY.—Section 353 of such title 

15 is amended— 

16 (1) by striking subsection (f) and redesignating 

17 subsections (g) through (j) as subsections (f) through 

18 (i), respectively; and 

19 (2) in subsection (c), by striking paragraph (1) 

20 and inserting the following new paragraph: 

21 ‘‘(1) SKILL INCENTIVE PAY.—(A) Skill incentive 

22 pay under subsection (a) may not exceed $1,000 a 

23 month. 

24 ‘‘(B) If a member does not satisfy the eligibility 

25 requirements specified in paragraphs (1) and (2) of 


tjames on PRODPC75 with BILLS
200 

•HR 2647 RH

1 subsection (a) for an entire month for receipt of skill 

2 incentive pay, the Secretary concerned may prorate 

3 the payment amount to reflect the duration of the 

4 member’s actual qualifying service during the month. 

5 A member of a reserve component entitled to com6 pensation under section 206 of this title who is au7 thorized skill incentive pay under subsection (a) may 

8 be paid an amount of such pay that is proportionate 

9 to the compensation received by the member under 

10 section 206 of this title for inactive-duty training.’’. 

11 (e) APPLICATION OF AMENDMENTS.—The amendments 

12 made by this section shall apply with respect to months be13 ginning 90 or more days after the date of the enactment 

14 of this Act. 

15 Subtitle C—Travel and 

16 Transportation Allowances 

17 SEC. 631. TRANSPORTATION OF ADDITIONAL MOTOR VEHI18 CLE OF MEMBERS ON CHANGE OF PERMA19 NENT STATION TO OR FROM NONFOREIGN 

20 AREAS OUTSIDE THE CONTINENTAL UNITED 

21 STATES. 

22 (a) AUTHORITY TO TRANSPORT ADDITIONAL MOTOR

23 VEHICLE.—Subsection (a) of section 2634 of title 10, 

24 United States Code, is amended— 


tjames on PRODPC75 with BILLS
201 

•HR 2647 RH

1 (1) by striking the sentence following paragraph 

2 (4); 

3 (2) by redesignating paragraphs (1), (2), (3), 

4 and (4) as subparagraphs (A), (B), (C), and (D), re5 spectively; 

6 (3) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

7 (4) by adding at the end the following new para8 graph: 

9 ‘‘(2) One additional motor vehicle of a member (or a 

10 dependent of the member) may be transported as provided 

11 in paragraph (1) if— 

12 ‘‘(A) the member is ordered to make a change of 

13 permanent station to or from a nonforeign area out14 side the continental United States and the member 

15 has at least one dependent of driving age who will use 

16 the motor vehicle; or 

17 ‘‘(B) the Secretary concerned determines that a 

18 replacement for the motor vehicle transported under 

19 paragraph (1) is necessary for reasons beyond the 

20 control of the member and is in the interest of the 

21 United States and the Secretary approves the trans22 portation in advance.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 Such subsection is further amended— 


tjames on PRODPC75 with BILLS
202 

•HR 2647 RH

1 (1) by striking ‘‘his dependents’’ and inserting 

2 ‘‘a dependent of the member’’; 

3 (2) by striking ‘‘him’’ and inserting ‘‘the mem4 ber’’; 

5 (3) by striking ‘‘his)’’ and inserting ‘‘the mem6 ber)’’; 

7 (4) by striking ‘‘his new’’ and inserting ‘‘the 

8 member’s new’’; and 

9 (5) in paragraph (1)(C), as redesignated by sub10 section (a), by striking ‘‘clauses (1) and (2)’’ and in11 serting ‘‘subparagraphs (A) and (B)’’. 

12 (c) EFFECTIVE DATE.—Paragraph (2)(A) of sub13 section (a) of section 2634 of title 10, United States Code, 

14 as added by subsection (a)(4), shall apply with respect to 

15 orders issued on or after the date of the enactment of this 

16 Act for members of the Armed Forces to make a change of 

17 permanent station to or from nonforeign areas outside the 

18 continental United States. 

19 SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES 

20 FOR DESIGNATED INDIVIDUALS OF WOUND21 ED, ILL, OR INJURED MEMBERS FOR DURA22 TION OF INPATIENT TREATMENT. 

23 (a) AUTHORITY TO PROVIDE TRAVEL TO DESIGNATED

24 INDIVIDUALS.—Subsection (a) of section 411h of title 37, 

25 United States Code, is amended— 


tjames on PRODPC75 with BILLS
203 

•HR 2647 RH

1 (1) in paragraph (1)— 

2 (A) by striking ‘‘family members of a mem3 ber described in paragraph (2)’’ and inserting 

4 ‘‘individuals who, with respect to a member de5 scribed in paragraph (2), are designated individ6 uals for that member’’; 

7 (B) by striking ‘‘that the presence of the 

8 family member’’ and inserting ‘‘that the presence 

9 of the designated individual’’; and 

10 (C) by striking ‘‘of family members’’ and 

11 inserting ‘‘of designated individuals’’; and 

12 (2) by adding at the end the following new para13 graph: 

14 ‘‘(4) In the case of a designated individual who is also 

15 a member of the uniformed services, that member may be 

16 provided travel and transportation under this section in the 

17 same manner as a designated individual who is not a mem18 ber.’’. 

19 (b) DEFINITION OF DESIGNATED INDIVIDUAL.—Sub20 section (b) of such section is amended by striking para21 graphs (1) and (2) and inserting the following new para22 graphs: 

23 ‘‘(1) In this section, the term ‘designated individual’, 

24 with respect to a member, means— 


tjames on PRODPC75 with BILLS
204 

•HR 2647 RH

1 ‘‘(A) an individual designated by the member for 

2 the purposes of this section; or 

3 ‘‘(B) in the case of a member who has not made 

4 a designation under subparagraph (A) and, as deter5 mined by the attending physician or surgeon, is not 

6 able to make such a designation, an individual who, 

7 as designated by the attending physician or surgeon 

8 and the commander or head of the military medical 

9 facility exercising control over the member, is someone 

10 with a personal relationship to the member whose 

11 presence would aid and support the health and wel12 fare of the member during the duration of the mem13 ber’s inpatient treatment. 

14 ‘‘(2) The designation of an individual as a designated 

15 individual for purposes of this section may be changed at 

16 any time.’’. 

17 (c) COVERAGE OF MEMBERS HOSPITALIZED OUTSIDE

18 THE UNITED STATES WHO WERE WOUNDED OR INJURED

19 IN A COMBAT OPERATION OR COMBAT ZONE.— 

20 (1) COVERAGE FOR HOSPITALIZATION OUTSIDE

21 THE UNITED STATES.—Subparagraph (B) of section 

22 (a)(2) of such section is amended— 

23 (A) in clause (i), by striking ‘‘in or outside 

24 the United States’’; and 


tjames on PRODPC75 with BILLS
205 

•HR 2647 RH

1 (B) in clause (ii), by striking ‘‘in the 

2 United States’’. 

3 (2) CLARIFICATION OF MEMBERS COVERED.— 

4 Such subparagraph is further amended— 

5 (A) in clause (i), by inserting ‘‘seriously 

6 wounded,’’ after ‘‘(i) is’’; and 

7 (B) in clause (ii)— 

8 (i) by striking ‘‘an injury’’ and insert9 ing ‘‘a wound or an injury’’; and 

10 (ii) by striking ‘‘that injury’’ and in11 serting ‘‘that wound or injury’’. 

12 (d) FREQUENCY OF AUTHORIZED TRAVEL.—Para13 graph (3) of subsection (a) of such section is amended to 

14 read as follows: 

15 ‘‘(3)(A) Not more than a total of three round trips may 

16 be provided under paragraph (1) in any 60-day period at 

17 Government expense to the individuals who are the des18 ignated individuals of a member during that period. 

19 ‘‘(B) If the Secretary concerned has waived the limita20 tion in paragraph (1) on the number of designated individ21 uals for a member, then for any 60-day period during 

22 which the waiver is in effect, the limitation in subpara23 graph (A) shall be adjusted accordingly. 

24 ‘‘(C) During any period during which there is in effect 

25 a non-medical attendant designation for a member, not 


tjames on PRODPC75 with BILLS
206 

•HR 2647 RH

1 more than a total of two round trips may be provided under 

2 paragraph (1) in any 60-day period at Government expense 

3 until a non-medical attendant is no longer designated or 

4 that designation transfers to another individual, in which 

5 case during the transfer period three round trips may be 

6 provided.’’. 

7 (e) STYLISTIC AND CONFORMING AMENDMENTS.—Such 

8 section is further amended—— 

9 (1) in subsection (a), by inserting ‘‘TRAVEL AND

10 TRANSPORTATION AUTHORIZED.—’’ after ‘‘(a)’’ ; 

11 (2) in subsection (b), by inserting ‘‘DEFINI12 TIONS.—’’ after ‘‘(b)’’; 

13 (3) in subsection (c)— 

14 (A) by inserting ‘‘ROUND TRIP TRANSPOR15 TATION AND PER DIEM ALLOWANCE.—’’ after 

16 ‘‘(c)’’ ; and 

17 (B) in paragraph (1), by striking ‘‘family 

18 member’’ and inserting ‘‘designated individual’’; 

19 and 

20 (4) in subsection (d), by inserting ‘‘METHOD OF

21 TRANSPORTATION AUTHORIZED.—’’ after ‘‘(d)’’. 

22 (f) CLERICAL AMENDMENTS.— 

23 (1) SECTION HEADING.—The heading of such sec24 tion is amended to read as follows: 


tjames on PRODPC75 with BILLS
207 

•HR 2647 RH

1 ‘‘§ 411h. Travel and transportation allowances: trans2 portation of designated individuals inci3 dent to hospitalization of members for 

4 treatment of wounds, illness, or injury’’. 

5 (2) TABLE OF SECTIONS.—The table of sections 

6 at the beginning of chapter 7 of such title is amended 

7 by striking the item relating to section 411h and in8 serting the following new item: 

‘‘411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of 

wounds, illness, or injury.’’. 

9 (g) CONFORMING AMENDMENT TO WOUNDED WARRIOR

10 ACT.—Paragraph (4) of section 1602 of the Wounded War11 rior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071 

12 note) is amended to read as follows: 

13 ‘‘(4) ELIGIBLE FAMILY MEMBER.—(A) The term 

14 ‘eligible family member’ means a family member who 

15 is on invitational travel orders or serving as a non16 medical attendee while caring for a recovering service 

17 member for more than 45 days during a one-year pe18 riod. 

19 ‘‘(B) For purposes of subparagraph (A), the term 

20 ‘family member’, with respect to a recovering service 

21 member, means the following: 

22 ‘‘(i) The member’s spouse. 


tjames on PRODPC75 with BILLS
208 

•HR 2647 RH

1 ‘‘(ii) Children of the member (including 

2 stepchildren, adopted children, and illegitimate 

3 children). 

4 ‘‘(iii) Parents of the member or persons in 

5 loco parentis to the member, including fathers 

6 and mothers through adoption and persons who 

7 stood in loco parentis to the member for a period 

8 not less than one year immediately before the 

9 member entered the uniformed service, except 

10 that only one father and one mother or their 

11 counterparts in loco parentis may be recognized 

12 in any one case. 

13 ‘‘(iv) Siblings of the member. Such term in14 cludes a person related to the member as de15 scribed in clauses (i), (ii), (iii), or (iv) who is 

16 also a member of the uniformed services.’’. 

17 (h) APPLICABILITY OF AMENDMENTS.—No reimburse18 ment may be provided under section 411h of title 37, United 

19 States Code, by reason of the amendments made by this sec20 tion for travel and transportation costs incurred before the 

21 date of the enactment of this Act. 


tjames on PRODPC75 with BILLS
209 

•HR 2647 RH

1 SEC. 633. AUTHORIZED TRAVEL AND TRANSPORTATION AL2 LOWANCES FOR NON-MEDICAL ATTENDANTS 

3 FOR VERY SERIOUSLY AND SERIOUSLY 

4 WOUNDED, ILL, OR INJURED MEMBERS. 

5 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

6 (1) IN GENERAL.—Chapter 7 of title 37, United 

7 States Code, is amended by inserting after section 

8 411j the following new section: 

9 ‘‘§ 411k. Travel and transportation allowances: non10 medical attendants for members who are 

11 determined to be very seriously or seri12 ously wounded, ill, or injured 

13 ‘‘(a) ALLOWANCE FOR NON-MEDICAL ATTENDANT.— 

14 (1) Under uniform regulations prescribed by the Secretaries 

15 concerned, travel and transportation described in subsection 

16 (d) may be provided for a qualified non-medical attendant 

17 for a covered member of the uniformed services described 

18 in subsection (c) if the attending physician or surgeon and 

19 the commander or head of the military medical facility ex20 ercising control over the member determine that the presence 

21 of such an attendant may contribute to the member’s health 

22 and welfare. 

23 ‘‘(b) QUALIFIED NON-MEDICAL ATTENDANT.—For 

24 purposes of this section, a qualified non-medical attendant, 

25 with respect to a covered member, is an individual who— 


tjames on PRODPC75 with BILLS
210 

•HR 2647 RH

1 ‘‘(1) is designated by the member to be a non2 medical attendant for the member for purposes of this 

3 section; and 

4 ‘‘(2) is determined by the attending physician or 

5 surgeon and the commander or head of the military 

6 medical facility to be appropriate to serve as a non7 medical attendant for the member and whose presence 

8 may contribute to the health and welfare of the mem9 ber. 

10 ‘‘(c) COVERED MEMBERS.—A member of the uni11 formed services covered by this section is a member who— 

12 ‘‘(1) as a result of a wound, illness, or injury, 

13 has been determined by the attending physician or 

14 surgeon to be in the category known as ‘very seriously 

15 wounded, ill, or injured’ or ‘seriously wounded, ill, or 

16 injured’; and 

17 ‘‘(2) is hospitalized for treatment of the wound, 

18 illness, or injury or requires continuing outpatient 

19 treatment for the wound, illness, or injury. 

20 ‘‘(d) AUTHORIZED TRAVEL AND TRANSPORTATION.— 

21 (1) The transportation authorized by subsection (a) for a 

22 qualified non-medical attendant for a member is round-trip 

23 transportation between the home of the attendant and the 

24 location at which the member is receiving treatment and 

25 may include transportation, while accompanying the memVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
211 

•HR 2647 RH

1 ber, to any other location to which the member is subse2 quently transferred for further treatment. A designated non3 medical attendant under this section may not also be a des4 ignated individual for travel and transportation allowances 

5 section 411h(a) of this title. 

6 ‘‘(2) The transportation authorized by subsection (a) 

7 includes any travel necessary to obtain treatment for the 

8 member at the location to which the member is permanently 

9 assigned. 

10 ‘‘(3) In addition to the transportation authorized by 

11 subsection (a), the Secretary concerned may provide a per 

12 diem allowance or reimbursement for the actual and nec13 essary expenses of the travel, or a combination thereof, but 

14 not to exceed the rates established under section 404(d) of 

15 this title. 

16 ‘‘(4) The transportation authorized by subsection (a) 

17 may be provided by any of the following means: 

18 ‘‘(A) Transportation in-kind. 

19 ‘‘(B) A monetary allowance in place of transpor20 tation in-kind at a rate to be prescribed by the Secre21 taries concerned. 

22 ‘‘(C) Reimbursement for the commercial cost of 

23 transportation. 

24 ‘‘(5) An allowance payable under this subsection may 

25 be paid in advance. 


tjames on PRODPC75 with BILLS
212 

•HR 2647 RH

1 ‘‘(6) Reimbursement payable under this subsection 

2 may not exceed the cost of Government-procured commercial 

3 round-trip air travel.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of such chapter is amended by 

6 inserting after the item related to section 411j the fol7 lowing new item: 

‘‘411k. Travel and transportation allowances: non-medical attendants for members 

determined to be very seriously or seriously wounded, ill, or injured.’’. 

8 (b) APPLICABILITY.—No reimbursement may be pro9 vided under section 411k of title 37, United States Code, 

10 as added by subsection (a), for travel and transportation 

11 costs incurred before the date of the enactment of this Act. 

12 SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANSPOR13 TATION OF BAGGAGE AND HOUSEHOLD EF14 FECTS FOR CERTAIN ENLISTED MEMBERS. 

15 (a) ALLOWANCE.—The table in section 406(b)(1)(C) of 

16 title 37, United States Code, is amended by striking the 

17 items relating to pay grades E–5 through E–9 and insert18 ing the following new items: 

Pay Grade Without Dependents With Dependents 

‘‘E–9 13,500 15,500 

E–8 12,500 14,500 

E–7 11,500 13,500 

E–6 8,500 11,500 

E–5 7,500 9,500’’. 

19 (b) EFFECTIVE DATE.—The amendment made by sub20 section (a) shall take effect on October 1, 2009. 


tjames on PRODPC75 with BILLS
213 

•HR 2647 RH

1 (c) FUNDING SOURCE.—Of the amounts authorized to 

2 be appropriated to the Department of Defense for military 

3 personnel accounts for fiscal year 2010, not more than 

4 $31,000,000 shall be available to cover the additional costs 

5 incurred to implement the amendment made by subsection 

6 (a). 

7 Subtitle D—Retired Pay and 

8 Survivor Benefits 

9 SEC. 641. RECOMPUTATION OF RETIRED PAY AND ADJUST10 MENT OF RETIRED GRADE OF RESERVE RE11 TIREES TO REFLECT SERVICE AFTER RETIRE12 MENT. 

13 (a) RECOMPUTATION OF RETIRED PAY.—Section 

14 12739 of title 10, United States Code, is amended by adding 

15 at the end the following new subsection: 

16 ‘‘(e)(1) If a member of the Retired Reserve is recalled 

17 to an active status in the Selected Reserve of the Ready Re18 serve under section 10145(d) of this title and completes not 

19 less than two years of service in such active status, the mem20 ber is entitled to the recomputation under this section of 

21 the retired pay of the member. 

22 ‘‘(2) The Secretary concerned may reduce the two-year 

23 service requirement specified in paragraph (1) in the case 

24 of a member who— 


tjames on PRODPC75 with BILLS
214 

•HR 2647 RH

1 ‘‘(A) is recalled to serve in a position of adjutant 

2 general required under section 314 of title 32 or in 

3 a position of assistant adjutant general subordinate 

4 to such a position of adjutant general; 

5 ‘‘(B) completes at least six months of service in 

6 such position; and 

7 ‘‘(C) fails to complete the minimum two years of 

8 service solely because the appointment of the member 

9 to such position is terminated or vacated as described 

10 in section 324(b) of title 32.’’. 

11 (b) ADJUSTMENT OF RETIRED GRADE.—Section 

12 12771 of such title is amended— 

13 (1) by striking ‘‘Unless’’ and inserting ‘‘(a) 

14 GRADE ON TRANSFER.—Unless’’; and 

15 (2) by adding at the end the following new sub16 section: 

17 ‘‘(b) EFFECT OF SUBSEQUENT RECALL TO ACTIVE

18 STATUS.—(1) If a member of the Retired Reserve who is 

19 a commissioned officer is recalled to an active status in the 

20 Selected Reserve of the Ready Reserve under section 

21 10145(d) of this title and completes not less than two years 

22 of service in such active status, the member is entitled to 

23 an adjustment in the retired grade of the member in the 

24 manner provided in section 1370(d) of this title. 


tjames on PRODPC75 with BILLS
215 

•HR 2647 RH

1 ‘‘(2) The Secretary concerned may reduce the two-year 

2 service requirement specified in paragraph (1) in the case 

3 of a member who— 

4 ‘‘(A) is recalled to serve in a position of adjutant 

5 general required under section 314 of title 32 or in 

6 a position of assistant adjutant general subordinate 

7 to such a position of adjutant general; 

8 ‘‘(B) completes at least six months of service in 

9 such position; and 

10 ‘‘(C) fails to complete the minimum two years of 

11 service solely because the appointment of the member 

12 to such position is terminated or vacated as described 

13 in section 324(b) of title 32.’’. 

14 (c) RETROACTIVE APPLICABILITY.—The amendments 

15 made by this section shall take effect as of January 1, 2008. 

16 SEC. 642. ELECTION TO RECEIVE RETIRED PAY FOR NON17 REGULAR SERVICE UPON RETIREMENT FOR 

18 SERVICE IN AN ACTIVE RESERVE STATUS 

19 PERFORMED AFTER ATTAINING ELIGIBILITY 

20 FOR REGULAR RETIREMENT. 

21 (a) ELECTION AUTHORITY; REQUIREMENTS.—Sub22 section (a) of section 12741 of title 10, United States Code, 

23 is amended to read as follows: 

24 ‘‘(a) AUTHORITY TO ELECT TO RECEIVE RESERVE RE25 TIRED PAY.—(1) Notwithstanding the requirement in paraVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
216 

•HR 2647 RH

1 graph (4) of section 12731(a) of this title that a person may 

2 not receive retired pay under this chapter when the person 

3 is entitled, under any other provision of law, to retired pay 

4 or retainer pay, a person may elect to receive retired pay 

5 under this chapter, instead of receiving retired or retainer 

6 pay under chapter 65, 367, 571, or 867 of this title, if the 

7 person— 

8 ‘‘(A) satisfies the requirements specified in para9 graphs (1) and (2) of such section for entitlement to 

10 retired pay under this chapter; 

11 ‘‘(B) served in an active status in the Selected 

12 Reserve of the Ready Reserve after becoming eligible 

13 for retirement under chapter 65, 367, 571, or 867 of 

14 this title (without regard to whether the person actu15 ally retired or received retired or retainer pay under 

16 one of those chapters); and 

17 ‘‘(C) completed not less than two years of satis18 factory service (as determined by the Secretary con19 cerned) in such active status (excluding any period of 

20 active service). 

21 ‘‘(2) The Secretary concerned may reduce the min22 imum two-year service requirement specified in paragraph 

23 (1)(C) in the case of a person who— 

24 ‘‘(A) completed at least six months of service in 

25 a position of adjutant general required under section 


tjames on PRODPC75 with BILLS
217 

•HR 2647 RH

1 314 of title 32 or in a position of assistant adjutant 

2 general subordinate to such a position of adjutant 

3 general; and 

4 ‘‘(B) failed to complete the minimum years of 

5 service solely because the appointment of the person to 

6 such position was terminated or vacated as described 

7 in section 324(b) of title 32.’’. 

8 (b) ACTIONS TO EFFECTUATE ELECTION.—Subsection 

9 (b) of such section is amended by striking paragraph (1) 

10 and inserting the following new paragraph: 

11 ‘‘(1) terminate the eligibility of the person to re12 tire under chapter 65, 367, 571, or 867 of this title, 

13 if the person is not already retired under one of those 

14 chapters, and terminate entitlement of the person to 

15 retired or retainer pay under one of those chapters, 

16 if the person was already receiving retired or retainer 

17 pay under one of those chapters; and’’. 

18 (c) CONFORMING AMENDMENT TO REFLECT NEW

19 VARIABLE AGE REQUIREMENT FOR RETIREMENT.—Sub20 section (d) of such section is amended— 

21 (1) in paragraph (1), by striking ‘‘attains 60 

22 years of age’’ and inserting ‘‘attains the eligibility 

23 age applicable to the person under section 12731(f) of 

24 this title’’; and 


tjames on PRODPC75 with BILLS
218 

•HR 2647 RH

1 (2) in paragraph (2)(A), by striking ‘‘attains 60 

2 years of age’’ and inserting ‘‘attains the eligibility 

3 age applicable to the person under such section’’. 

4 (d) CLERICAL AMENDMENTS.— 

5 (1) SECTION HEADING.—The heading for section 

6 12741 of such title is amended to read as follows: 

7 ‘‘§ 12741. Retirement for service in an active status 

8 performed in the Selected Reserve of the 

9 Ready Reserve after eligibility for regular 

10 retirement’’. 

11 (2) TABLE OF SECTIONS.—The table of sections 

12 at the beginning of chapter 1223 of such title is 

13 amended by striking the item relating to section 

14 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.’’. 

15 (e) RETROACTIVE APPLICABILITY.—The amendments 

16 made by this section shall take effect as of January 1, 2008. 

17 Subtitle E—Commissary and Non18 appropriated Fund Instrumen19 tality Benefits and Operations 

20 SEC. 651. ADDITIONAL EXCEPTION TO LIMITATION ON USE 

21 OF APPROPRIATED FUNDS FOR DEPARTMENT 

22 OF DEFENSE GOLF COURSES. 

23 Section 2491a of title 10, United States Code, is 

24 amended— 


tjames on PRODPC75 with BILLS
219 

•HR 2647 RH

1 (1) by redesignating paragraph (2) of subsection 

2 (b) as subsection (c) and, in such subsection (as so re3 designated)— 

4 (A) by inserting ‘‘REGULATIONS.—’’ before 

5 ‘‘The Secretary’’; and 

6 (B) by striking ‘‘this subsection’’ and in7 serting ‘‘subsection (b)’’; and 

8 (2) by inserting after paragraph (1) of sub9 section (b) the following new paragraph: 

10 ‘‘(2) Subsection (a) does not apply to the purchase, op11 eration, or maintenance of equipment intended to ensure 

12 compliance with the Americans With Disabilities Act of 

13 1990 (42 U.S.C. 12101 et seq.).’’. 

14 SEC. 652. LIMITATION ON DEPARTMENT OF DEFENSE ENTI15 TIES OFFERING PERSONAL INFORMATION 

16 SERVICES TO MEMBERS AND THEIR DEPEND17 ENTS. 

18 (a) IMPOSITION OF LIMITATION.—Subchapter III of 

19 chapter 147 of title 10, United States Code, is amended by 

20 inserting after section 2492 the following new section: 

21 ‘‘§ 2492a. Limitation on Department of Defense enti22 ties competing with private sector in offer23 ing personal information services 

24 ‘‘(a) LIMITATION.—Notwithstanding section 2492 of 

25 this title, the Secretary of Defense may not authorize a DeVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00219 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
220 

•HR 2647 RH

1 partment of Defense entity to offer or provide personal in2 formation services using Department resources, personnel, 

3 or equipment, or compete for contracts to provide such per4 sonal information services, if users will be charged a fee 

5 for the personal information services to recover the cost in6 curred to provide the services or to earn a profit. 

7 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply if 

8 the Secretary of Defense determines that— 

9 ‘‘(1) a private sector vendor is not available to 

10 provide the personal information services at specific 

11 locations; or 

12 ‘‘(2) the interests of the user population would be 

13 best served by allowing the Government to provide 

14 such services. 

15 ‘‘(c) PERSONAL INFORMATION SERVICES DEFINED.— 

16 In this section, the term ‘personal information services’ 

17 means the provision of Internet, telephone, or television 

18 services to consumers.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections at 

20 the beginning of such subchapter is amended by inserting 

21 after section 2492 the following new item: 

‘‘2492a. Limitation on Department of Defense entities competing with private sector in offering personal information services.’’. 

22 (c) EFFECT ON EXISTING CONTRACTS.—Section 2492a 

23 of title 10, United States Code, as added by subsection (a), 

24 does not affect the validity or terms of any contract for the 


tjames on PRODPC75 with BILLS
221 

•HR 2647 RH

1 provision of personal information services entered into be2 fore the date of the enactment of this Act. 

3 SEC. 653. REPORT ON IMPACT OF PURCHASING FROM 

4 LOCAL DISTRIBUTORS ALL ALCOHOLIC BEV5 ERAGES FOR RESALE ON MILITARY INSTAL6 LATIONS ON GUAM. 

7 (a) REPORT REQUIRED.—Not later than 90 days after 

8 the date of the enactment of this Act, the Comptroller Gen9 eral shall submit to the Committees on Armed Services of 

10 the Senate and the House of Representatives a report evalu11 ating the impact of reimposing the requirement, effective 

12 for fiscal year 2008 pursuant to section 8073 of the Depart13 ment of Defense Appropriations Act, 2008 (division A of 

14 Public Law 110–116; 121 Stat. 1331) but not extended for 

15 fiscal year 2009, that all alcoholic beverages intended for 

16 resale on military installations on Guam be purchased from 

17 local sources. 

18 (b) EVALUATION REQUIREMENTS.—As part of the re19 port, the Comptroller General shall specifically evaluate the 

20 following: 

21 (1) The rationale for and validity of the concerns 

22 of nonappropriated funds activities over the one-year 

23 imposition of the local-purchase requirement and the 

24 impact the requirement had on alcohol resale prices. 


tjames on PRODPC75 with BILLS
222 

•HR 2647 RH

1 (2) The justification for the increase in the price 

2 of alcoholic beverages for resale on military installa3 tions on Guam. 

4 (3) The actions of the nonappropriated fund ac5 tivities in complying with the local purchase require6 ments for resale of alcoholic beverages and their pur7 chase of such affected products before and after the ef8 fective date of provision of law referred to in sub9 section (a). 

10 (4) The potential cost savings in transportation 

11 costs, including use of second destination transpor12 tation funds, accruing from the purchase of alcoholic 

13 beverages from local distributors on Guam. 

14 (5) The ability of local distributors on Guam to 

15 meet demands for stocks of certain alcoholic beverages 

16 in the event that the local purchase requirement be17 came permanent for Guam. 

18 (6) The consistency in application of the alcohol 

19 resale requirement for nonappropriated fund activi20 ties on military installations with regards to Depart21 ment of Defense Instruction 1330.09 (or any successor 

22 to that instruction) and the methods used to deter23 mine the resale price of alcoholic beverages. 


tjames on PRODPC75 with BILLS
223 

•HR 2647 RH

1 Subtitle F—Other Matters 

2 SEC. 661. LIMITATIONS ON COLLECTION OF OVERPAY3 MENTS OF PAY AND ALLOWANCES ERRO4 NEOUSLY PAID TO MEMBERS. 

5 (a) MAXIMUM MONTHLY PERCENTAGE OF MEMBER’S

6 PAY AUTHORIZED FOR DEDUCTION.—Paragraph (3) of 

7 subsection (c) of section 1007 of title 37, United States 

8 Code, is amended by striking ‘‘20 percent’’ and inserting 

9 ‘‘10 percent’’. 

10 (b) CONSULTATION REGARDING DEDUCTION OR RE11 PAYMENT TERMS.—Such paragraph is further amended— 

12 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

13 (2) by adding at the end the following new sub14 paragraph: 

15 ‘‘(B) In all cases described in subparagraph (A), the 

16 Secretary concerned shall consult with the member regard17 ing the repayment rate to be imposed under such subpara18 graph to recover the indebtedness, taking into account the 

19 financial ability of the member to pay and avoiding the 

20 imposition of an undue hardship on the member and the 

21 member’s dependents.’’. 

22 (c) DELAY IN INSTITUTING COLLECTIONS FROM

23 WOUNDED OR INJURED MEMBERS.—Paragraph (4) of such 

24 subsection is amended to read as follows: 


tjames on PRODPC75 with BILLS
224 

•HR 2647 RH

1 ‘‘(4)(A) If a member of the uniformed services, while 

2 in the line of duty, is injured or wounded by hostile fire, 

3 explosion of a hostile mine, or any other hostile action, or 

4 otherwise incurs a wound, injury, or illness in a combat 

5 operation or combat zone designated by the President or 

6 the Secretary of Defense, any overpayment of pay or allow7 ances made to the member while the member recovers from 

8 the wound, injury, or illness may not be deducted from the 

9 member’s pay until— 

10 ‘‘(i) the member is notified of the overpayment; 

11 and 

12 ‘‘(ii) the later of the following occurs: 

13 ‘‘(I) The end of the 180-day period begin14 ning on the date of the completion of the tour of 

15 duty of the member in the combat operation or 

16 combat zone. 

17 ‘‘(II) The end of the 90-day period begin18 ning on the date of the reassignment of the mem19 ber from a military treatment facility or other 

20 medical unit outside of the theater of operations. 

21 ‘‘(B) Subparagraph (A) shall not apply if the member, 

22 after receiving notification of the overpayment, requests or 

23 consents to initiation at an earlier date of the collection 

24 of the overpayment of the pay or allowances.’’. 


tjames on PRODPC75 with BILLS
225 

•HR 2647 RH

1 (d) FIVE-YEAR DEADLINE ON SEEKING REPAY2 MENT.—Such subsection is further amended by adding at 

3 the end the following new paragraph: 

4 ‘‘(5) The Secretary concerned may not deduct from the 

5 pay of a member of the uniformed services or otherwise re6 cover, seek to recover, or assist in the recovery from a mem7 ber or former member any overpayment of pay or allow8 ances made to the member through no fault of the member 

9 unless the Secretary notifies the member of the indebtedness 

10 before the end of the five-year period beginning on the date 

11 on which the overpayment was made. If the notice is not 

12 provided before the end of such period, the Secretary con13 cerned shall cancel the indebtedness of the member to the 

14 United States.’’. 

15 (e) EXPANDED DISCRETION REGARDING REMISSION

16 OR CANCELLATION OF INDEBTEDNESS.— 

17 (1) ARMY.—Section 4837(a) of title 10, United 

18 States Code, is amended by striking ‘‘, but only if the 

19 Secretary considers such action to be in the best inter20 est of the United States.’’ and inserting ‘‘if the Sec21 retary determines that the person— 

22 ‘‘(1) relies on social security benefits or dis23 ability compensation under this title or title 38 (or 

24 a combination thereof) for more than half of the per25 son’s annual income; or 


tjames on PRODPC75 with BILLS
226 

•HR 2647 RH

1 ‘‘(2) would suffer an undue hardship in repay2 ing the indebtedness.’’. 

3 (2) NAVAL SERVICE.—Section 6161(a) of such 

4 title is amended by striking ‘‘, but only if the Sec5 retary considers such action to be in the best interest 

6 of the United States.’’ and inserting ‘‘if the Secretary 

7 determines that the person— 

8 ‘‘(1) relies on social security benefits or dis9 ability compensation under this title or title 38 (or 

10 a combination thereof) for more than half of the per11 son’s annual income; or 

12 ‘‘(2) would suffer an undue hardship in repay13 ing the indebtedness.’’. 

14 (3) AIR FORCE.—Section 9837(a) of such title is 

15 amended by striking ‘‘, but only if the Secretary con16 siders such action to be in the best interest of the 

17 United States.’’ and inserting ‘‘if the Secretary deter18 mines that the person— 

19 ‘‘(1) relies on social security benefits or dis20 ability compensation under this title or title 38 (or 

21 a combination thereof) for more than half of the per22 son’s annual income; or 

23 ‘‘(2) would suffer an undue hardship in repay24 ing the indebtedness.’’. 


tjames on PRODPC75 with BILLS
227 

•HR 2647 RH

1 (f) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply only with respect to an overpayment of 

3 pay or allowances made to a member of the uniformed serv4 ices after the date of the enactment of this Act. 

5 SEC. 662. ARMY AUTHORITY TO PROVIDE ADDITIONAL RE6 CRUITMENT INCENTIVES. 

7 (a) EXTENSION OF AUTHORITY.—Subsection (i) of sec8 tion 681 of the National Defense Authorization Act for Fis9 cal Year 2006 (Public Law 109–163; 119 Stat. 3321) is 

10 amended by striking ‘‘December 31, 2009’’ and inserting 

11 ‘‘December 31, 2012’’. 

12 (b) LIMITATION ON USE OF AUTHORITY.—Subsection 

13 (e) of such section is amended by inserting ‘‘at the same 

14 time’’ after ‘‘provided’’. 

15 SEC. 663. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZA16 TION RESPITE ABSENCE PROGRAM FOR CER17 TAIN PERIODS BEFORE IMPLEMENTATION OF 

18 PROGRAM. 

19 (a) IN GENERAL.—Under regulations prescribed by the 

20 Secretary of Defense, the Secretary concerned may provide 

21 any member or former member of the Armed Forces with 

22 the benefits specified in subsection (b) if the member or 

23 former member would, on any day during the period begin24 ning on January 19, 2007, and ending on the date of the 

25 implementation of the Post-Deployment/Mobilization ResVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00227 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
228 

•HR 2647 RH

1 pite Absence (PDMRA) program by the Secretary con2 cerned, have qualified for a day of administrative absence 

3 under the Post-Deployment/Mobilization Respite Absence 

4 program had the program been in effect during such period. 

5 (b) BENEFITS.—The benefits authorized under this sec6 tion are the following: 

7 (1) In the case of an individual who is a former 

8 member of the Armed Forces at the time of the provi9 sion of benefits under this section, payment of an 

10 amount not to exceed $200 for each day the indi11 vidual would have qualified for a day of administra12 tive absence as described in subsection (a) during the 

13 period specified in that subsection. 

14 (2) In the case of an individual who is a member 

15 of the Armed Forces at the time of the provision of 

16 benefits under this section, either one day of adminis17 trative absence or payment of an amount not to ex18 ceed $200, as selected by the Secretary concerned, for 

19 each day the individual would have qualified for a 

20 day of administrative absence as described in sub21 section (a) during the period specified in that sub22 section. 

23 (c) EXCLUSION OF CERTAIN FORMER MEMBERS.—A 

24 former member of the Armed Forces is not eligible under 

25 this section for the benefits specified in subsection (b)(1) if 


tjames on PRODPC75 with BILLS
229 

•HR 2647 RH

1 the former member was discharged or released from the 

2 Armed Forces under other than honorable conditions. 

3 (d) MAXIMUM NUMBER OF DAYS OF BENEFITS.—Not 

4 more than 40 days of benefits may be provided to a member 

5 or former member of the Armed Forces under this section. 

6 (e) FORM OF PAYMENT.—The paid benefits authorized 

7 under this section may be paid in a lump sum or install8 ments, at the election of the Secretary concerned. 

9 (f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 

10 The benefits provided a member or former member of the 

11 Armed Forces under this section are in addition to any 

12 other pay, absence, or leave provided by law. 

13 (g) DEFINITIONS.—In this section: 

14 (1) The term ‘‘Post-Deployment/Mobilization 

15 Respite Absence program’’ means the program of a 

16 military department to provide days of administra17 tive absence not chargeable against available leave to 

18 certain deployed or mobilized members of the Armed 

19 Forces in order to assist such members in reinte20 grating into civilian life after deployment or mobili21 zation. 

22 (2) The term ‘‘Secretary concerned’’ has the 

23 meaning given that term in section 101(5) of title 37, 

24 United States Code. 

25 (h) TERMINATION.— 


tjames on PRODPC75 with BILLS
230 

•HR 2647 RH

1 (1) IN GENERAL.—The authority to provide ben2 efits under this section shall expire on the date that 

3 is one year after the date of the enactment of this Act. 

4 (2) CONSTRUCTION.—Expiration under this sub5 section of the authority to provide benefits under this 

6 section shall not affect the utilization of any day of 

7 administrative absence provided a member of the 

8 Armed Forces under subsection (b)(2), or the payment 

9 of any payment authorized a member or former mem10 ber of the Armed Forces under subsection (b), before 

11 the expiration of the authority in this section. 

12 SEC. 664. SENSE OF CONGRESS REGARDING SUPPORT FOR 

13 COMPENSATION, RETIREMENT, AND OTHER 

14 MILITARY PERSONNEL PROGRAMS. 

15 It is the sense of Congress that members of the Armed 

16 Forces and their families and military retirees deserve on17 going recognition and support for their service and sac18 rifices on behalf of the United States, and Congress will 

19 continue to be vigilant in identifying appropriate direct 

20 spending offsets that can be used to address shortcoming 

21 within those military personnel programs that incur man22 datory spending obligations. 


tjames on PRODPC75 with BILLS
231 

•HR 2647 RH

1 TITLE VII—HEALTH CARE 

2 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. Chiropractic health care for members on active duty. 

Sec. 703. Expansion of survivor eligibility under TRICARE dental program. 

Sec. 704. 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. 705. Cooperative health care agreements between military installations and 

non-military health care systems. 

Sec. 706. Health care for members of the reserve components. 

Sec. 707. National casualty care research center. 

Subtitle B—Reports 

Sec. 711. Report on post-traumatic stress disorder efforts. 

Sec. 712. Report on the feasibility of TRICARE Prime in certain commonwealths 

and territories of the United States. 

Sec. 713. Report on the health care needs of military family members. 

Sec. 714. Report on stipends for members of reserve components for health care 

for certain dependents. 

Sec. 715. Report on the required number of military mental health providers. 

3 Subtitle A—Improvements to Health 

4 Benefits 

5 SEC. 701. PROHIBITION ON CONVERSION OF MILITARY 

6 MEDICAL AND DENTAL POSITIONS TO CIVIL7 IAN MEDICAL AND DENTAL POSITIONS. 

8 (a) PROHIBITION.—The Secretary of a military de9 partment may not convert any military medical or dental 

10 position to a civilian medical or dental position on or after 

11 October 1, 2007. 

12 (b) RESTORATION OF CERTAIN POSITIONS TO MILI13 TARY POSITIONS.—In the case of any military medical or 

14 dental position that is converted to a civilian medical or 

15 dental position during the period beginning on October 1, 


tjames on PRODPC75 with BILLS
232 

•HR 2647 RH

1 2004, and ending on September 30, 2008, if the position 

2 is not filled by a civilian by September 30, 2008, the Sec3 retary of the military department concerned shall restore 

4 the position to a military medical or dental position that 

5 may be filled only by a member of the Armed Forces who 

6 is a health professional. 

7 (c) DEFINITIONS.—In this section: 

8 (1) The term ‘‘military medical or dental posi9 tion’’ means a position for the performance of health 

10 care functions (or coded to work within a military 

11 treatment facility) within the Armed Forces held by 

12 a member of the Armed Forces. 

13 (2) The term ‘‘civilian medical or dental posi14 tion’’ means a position for the performance of health 

15 care functions within the Department of Defense held 

16 by an employee of the Department or of a contractor 

17 of the Department. 

18 (3) The term ‘‘conversion’’, with respect to a 

19 military medical or dental position, means a change 

20 of the position to a civilian medical or dental posi21 tion, effective as of the date of the manning authoriza22 tion document of the military department making the 

23 change (through a change in designation from mili24 tary to civilian in the document, the elimination of 

25 the listing of the position as a military position in 


tjames on PRODPC75 with BILLS
233 

•HR 2647 RH

1 the document, or through any other means indicating 

2 the change in the document or otherwise). 

3 (d) REPEAL.—Section 721 of the National Defense Au4 thorization Act for Fiscal Year 2008 (Public Law 110–181; 

5 122 Stat. 198; 10 U.S.C. 129c note) is repealed. 

6 SEC. 702. CHIROPRACTIC HEALTH CARE FOR MEMBERS ON 

7 ACTIVE DUTY. 

8 (a) REQUIREMENT FOR CHIROPRACTIC CARE.—Sub9 ject to such regulations as the Secretary of Defense may pre10 scribe, the Secretary shall provide chiropractic services for 

11 members of the uniformed services who are entitled to care 

12 under section 1074(a) of title 10, United States Code. Such 

13 chiropractic services may be provided only by a doctor of 

14 chiropractic. 

15 (b) DEMONSTRATION PROJECTS.—The Secretary of 

16 Defense may conduct one or more demonstration projects 

17 to provide chiropractic services to deployed members of the 

18 uniformed services. Such chiropractic services may be pro19 vided only by a doctor of chiropractic. 

20 (c) DEFINITIONS.—In this section: 

21 (1) The term ‘‘chiropractic services’’— 

22 (A) includes diagnosis (including by diag23 nostic X-ray tests), evaluation and management, 

24 and therapeutic services for the treatment of a 

25 patient’s health condition, including neuroVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
234 

•HR 2647 RH

1 musculoskeletal conditions and the subluxation 

2 complex, and such other services determined ap3 propriate by the Secretary and as authorized 

4 under State law; and 

5 (B) does not include the use of drugs or sur6 gery. 

7 (2) The term ‘‘doctor of chiropractic’’ means only 

8 a doctor of chiropractic who is licensed as a doctor 

9 of chiropractic, chiropractic physician, or chiro10 practor by a State, the District of Columbia, or a ter11 ritory or possession of the United States. 

12 SEC. 703. EXPANSION OF SURVIVOR ELIGIBILITY UNDER 

13 TRICARE DENTAL PROGRAM. 

14 Paragraph (3) of section 1076a(k) of title 10, United 

15 States Code, is amended to read as follows: 

16 ‘‘(3) Such term does not include a dependent by reason 

17 of paragraph (2) after the end of the three-year period be18 ginning on the date of the member’s death, except that, in 

19 the case of a dependent of the deceased who is described by 

20 subparagraph (D) or (I) of section 1072(2) of this title, the 

21 period of continued eligibility shall be the longer of the fol22 lowing periods beginning on such date: 

23 ‘‘(A) Three years. 

24 ‘‘(B) The period ending on the date on which 

25 such dependent attains 21 years of age. 


tjames on PRODPC75 with BILLS
235 

•HR 2647 RH

1 ‘‘(C) In the case of such dependent who, at 21 

2 years of age, is enrolled in a full-time course of study 

3 in a secondary school or in a full-time course of study 

4 in an institution of higher education approved by the 

5 administering Secretary and was, at the time of the 

6 member’s death, in fact dependent on the member for 

7 over one-half of such dependent’s support, the period 

8 ending on the earlier of the following dates: 

9 ‘‘(i) The date on which such dependent 

10 ceases to pursue such a course of study, as deter11 mined by the administering Secretary. 

12 ‘‘(ii) The date on which such dependent at13 tains 23 years of age.’’. 

14 SEC. 704. TRICARE STANDARD COVERAGE FOR CERTAIN 

15 MEMBERS OF THE RETIRED RESERVE WHO 

16 ARE QUALIFIED FOR A NON-REGULAR RE17 TIREMENT BUT ARE NOT YET AGE 60. 

18 (a) IN GENERAL.—Chapter 55 of title 10, United 

19 States Code, is amended by inserting after section 1076d 

20 the following new section: 


tjames on PRODPC75 with BILLS
236 

•HR 2647 RH

1 ‘‘§ 1076e. TRICARE program: TRICARE standard cov2 erage for certain members of the Retired 

3 Reserve who are qualified for a non-reg4 ular retirement but are not yet age 60 

5 ‘‘(a) ELIGIBILITY.—(1) Except as provided in para6 graph (2), a member of the Retired Reserve of a reserve com7 ponent of the armed forces who is qualified for a non-reg8 ular retirement at age 60 under chapter 1223 of this title, 

9 but is not age 60, is eligible for health benefits under 

10 TRICARE Standard as provided in this section. 

11 ‘‘(2) Paragraph (1) does not apply to a member who 

12 is enrolled, or is eligible to enroll, in a health benefits plan 

13 under chapter 89 of title 5. 

14 ‘‘(b) TERMINATION OF ELIGIBILITY UPON OBTAINING

15 OTHER TRICARE STANDARD COVERAGE.—Eligibility for 

16 TRICARE Standard coverage of a member under this sec17 tion shall terminate upon the member becoming eligible for 

18 TRICARE Standard coverage at age 60 under section 1086 

19 of this title. 

20 ‘‘(c) FAMILY MEMBERS.—While a member of a reserve 

21 component is covered by TRICARE Standard under this 

22 section, the members of the immediate family of such mem23 ber are eligible for TRICARE Standard coverage as depend24 ents of the member. If a member of a reserve component 

25 dies while in a period of coverage under this section, the 

26 eligibility of the members of the immediate family of such 


tjames on PRODPC75 with BILLS
237 

•HR 2647 RH

1 member for TRICARE Standard coverage under this sec2 tion shall continue for the same period of time that would 

3 be provided under section 1086 of this title if the member 

4 had been eligible at the time of death for TRICARE Stand5 ard coverage under such section (instead of under this sec6 tion). 

7 ‘‘(d) PREMIUMS.—(1) A member of a reserve compo8 nent covered by TRICARE Standard under this section 

9 shall pay a premium for that coverage. 

10 ‘‘(2) The Secretary of Defense shall prescribe for the 

11 purposes of this section one premium for TRICARE Stand12 ard coverage of members without dependents and one pre13 mium for TRICARE Standard coverage of members with 

14 dependents referred to in subsection (f)(1). The premium 

15 prescribed for a coverage shall apply uniformly to all cov16 ered members of the reserve components covered under this 

17 section. 

18 ‘‘(3) The monthly amount of the premium in effect for 

19 a month for TRICARE Standard coverage under this sec20 tion shall be the amount equal to the cost of coverage that 

21 the Secretary determines on an appropriate actuarial basis. 

22 ‘‘(4) The Secretary shall prescribe the requirements 

23 and procedures applicable to the payment of premiums 

24 under this subsection. 


tjames on PRODPC75 with BILLS
238 

•HR 2647 RH

1 ‘‘(5) Amounts collected as premiums under this sub2 section shall be credited to the appropriation available for 

3 the Defense Health Program Account under section 1100 

4 of this title, shall be merged with sums in such Account 

5 that are available for the fiscal year in which collected, and 

6 shall be available under subsection (b) of such section for 

7 such fiscal year. 

8 ‘‘(e) REGULATIONS.—The Secretary of Defense, in con9 sultation with the other administering Secretaries, shall 

10 prescribe regulations for the administration of this section. 

11 ‘‘(f) DEFINITIONS.—In this section: 

12 ‘‘(1) The term ‘immediate family’, with respect 

13 to a member of a reserve component, means all of the 

14 member’s dependents described in subparagraphs (A), 

15 (D), and (I) of section 1072(2) of this title. 

16 ‘‘(2) The term ‘TRICARE Standard’ means— 

17 ‘‘(A) medical care to which a dependent de18 scribed in section 1076(a)(2) of this title is enti19 tled; and 

20 ‘‘(B) health benefits contracted for under the 

21 authority of section 1079(a) of this title and sub22 ject to the same rates and conditions as apply to 

23 persons covered under that section.’’. 


tjames on PRODPC75 with BILLS
239 

•HR 2647 RH

1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such chapter is amended by inserting after 

3 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.’’. 

4 (c) EFFECTIVE DATE.—Section 1076e of title 10, 

5 United States Code, as inserted by subsection (a), shall 

6 apply to coverage for months beginning on or after October 

7 1, 2009, or such earlier date as the Secretary of Defense 

8 may specify. 

9 SEC. 705. COOPERATIVE HEALTH CARE AGREEMENTS BE10 TWEEN MILITARY INSTALLATIONS AND NON11 MILITARY HEALTH CARE SYSTEMS. 

12 (a) AUTHORITY.—The Secretary of Defense may estab13 lish cooperative health care agreements between military in14 stallations and local or regional health care systems. 

15 (b) REQUIREMENTS.—In establishing such agreements, 

16 the Secretary shall— 

17 (1) consult with— 

18 (A) the Secretaries of the military depart19 ments; 

20 (B) representatives from the military instal21 lation selected for the agreement, including the 

22 TRICARE managed care support contractor 

23 with responsibility for such installation; and 


tjames on PRODPC75 with BILLS
240 

•HR 2647 RH

1 (C) Federal, State, and local government of2 ficials; 

3 (2) identify and analyze health care services 

4 available in the area in which the military installa5 tion is located, including such services available at a 

6 military medical treatment facility or in the private 

7 sector (or a combination thereof); 

8 (3) determine the cost avoidance or savings re9 sulting from innovative partnerships between the De10 partment of Defense and the private sector; and 

11 (4) determine the opportunities for and barriers 

12 to coordinating and leveraging the use of existing 

13 health care resources, including such resources of Fed14 eral, State, local, and private entities. 

15 (c) ANNUAL REPORTS.—Not later than December 31 

16 of each year an agreement entered into under this section 

17 is in effect, the Secretary shall submit to the congressional 

18 defense committees a report on each such agreement. Each 

19 report shall include, at a minimum, the following: 

20 (1) A description of the agreement. 

21 (2) Any cost avoidance, savings, or increases as 

22 a result of the agreement. 

23 (3) A recommendation for continuing or ending 

24 the agreement. 


tjames on PRODPC75 with BILLS
241 

•HR 2647 RH

1 (d) RULE OF CONSTRUCTION.—Nothing in this section 

2 shall be construed as authorizing the provision of health 

3 care services at military medical treatment facilities or 

4 other facilities of the Department of Defense to individuals 

5 who are not otherwise entitled or eligible for such services 

6 under chapter 55 of title 10, United States Code. 

7 SEC. 706. HEALTH CARE FOR MEMBERS OF THE RESERVE 

8 COMPONENTS. 

9 (a) IN GENERAL.—Subsection (d) of section 1074 of 

10 title 10, United States Code, is amended to read as follows: 

11 ‘‘(d)(1) For the purposes of this chapter, a member of 

12 a reserve component of the armed forces who is issued or 

13 covered by a delayed-effective-date active-duty order or an 

14 official notification shall be treated as being on active duty 

15 for a period of more than 30 days beginning on the later 

16 of the following dates: 

17 ‘‘(A) The earlier of the date that is— 

18 ‘‘(i) the date of the issuance of such order; 

19 or 

20 ‘‘(ii) the date of the issuance of such official 

21 notification. 

22 ‘‘(B) The date that is 180 days before the date 

23 on which the period of active duty is to commence 

24 under such order or official notification for that mem25 ber. 


tjames on PRODPC75 with BILLS
242 

•HR 2647 RH

1 ‘‘(2) In this subsection: 

2 ‘‘(A) The term ‘delayed-effective-date active-duty 

3 order’ means an order to active duty for a period of 

4 more than 30 days in support of a contingency oper5 ation under a provision of law referred to in section 

6 101(a)(13)(B) of this title that provides for active7 duty service to begin under such order on a date after 

8 the date of the issuance of the order 

9 ‘‘(B) The term ‘official notification’ means a 

10 memorandum from the Secretary concerned that noti11 fies a unit or a member of a reserve component of the 

12 armed forces that such unit or member shall receive 

13 a delayed-effective-date active-duty order.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by this 

15 section shall apply with respect to a delayed-effective-date 

16 active-duty order or official notification issued on or after 

17 the date of the enactment of this Act. 

18 SEC. 707. NATIONAL CASUALTY CARE RESEARCH CENTER. 

19 (a) DESIGNATION.—Not later than October 1, 2010, the 

20 Secretary of Defense shall designate a center to be known 

21 as the ‘‘National Casualty Care Research Center’’ (in this 

22 section referred to as the ‘‘Center’’), which shall consist of 

23 the program known as combat casualty care of the Army 

24 Medical Research and Materiel Command. 


tjames on PRODPC75 with BILLS
243 

•HR 2647 RH

1 (b) DIRECTOR.—The Secretary shall appoint a direc2 tor of the Center. 

3 (c) ACTIVITIES OF THE CENTER.—In addition to other 

4 functions performed by the combat casualty care program, 

5 the Center shall— 

6 (1) provide a public-private partnership for 

7 funding clinical trials and clinical research in com8 bat injury; 

9 (2) integrate basic and clinical research from 

10 both military and civilian populations to accelerate 

11 improvements to trauma care; 

12 (3) ensure that data from both military and ci13 vilian entities, including the Joint Theater Trauma 

14 Registry and the National Trauma Data Bank, are 

15 optimally used to establish research strategies and 

16 measure improvements in outcomes; 

17 (4) fund the full range of injury research and 

18 evaluation, including— 

19 (A) basic, translational, and clinical re20 search; 

21 (B) point of injury and pre-hospital care; 

22 (C) early resuscitative management; 

23 (D) initial and definitive surgical care; and 

24 (E) rehabilitation and reintegration into 

25 society; and 


tjames on PRODPC75 with BILLS
244 

•HR 2647 RH

1 (5) coordinate the collaboration of military and 

2 civilian institutions conducting trauma research. 

3 (d) AUTHORIZATION.—In addition to any other funds 

4 authorized to be appropriated for the combat casualty care 

5 program of the Army Medical Research and Materiel Com6 mand, there is hereby authorized to be appropriated to the 

7 Secretary $1,000,000 for fiscal year 2010 for the purpose 

8 of carrying out activities under this section. 

9 Subtitle B—Reports 

10 SEC. 711. REPORT ON POST-TRAUMATIC STRESS DISORDER 

11 EFFORTS. 

12 (a) REPORT REQUIRED.—Not later than December 31, 

13 2010, the Secretary of Defense and the Secretary of Veterans 

14 Affairs, in consultation with the Secretary of Health and 

15 Human Services, shall jointly submit to the appropriate 

16 committees a report on the treatment of post-traumatic 

17 stress disorder. The report shall include the following: 

18 (1) A list of each program and method available 

19 for the prevention, screening, diagnosis, treatment, or 

20 rehabilitation of post-traumatic stress disorder, in21 cluding— 

22 (A) the rates of success for each such pro23 gram or method (including an operational defi24 nition of the term ‘‘success’’ and a discussion of 

25 the process used to quantify such rates); 


tjames on PRODPC75 with BILLS
245 

•HR 2647 RH

1 (B) the number of members of the Armed 

2 Forces and veterans diagnosed by the Depart3 ment of Defense or the Department of Veterans 

4 Affairs as having post-traumatic stress disorder 

5 and the number of such veterans who have been 

6 successfully treated; and 

7 (C) any collaborative efforts between the De8 partment of Defense and the Department of Vet9 erans Affairs to prevent, screen, diagnose, treat, 

10 or rehabilitate post-traumatic stress disorder. 

11 (2) The status of studies and clinical trials in12 volving innovative treatments of post-traumatic stress 

13 disorder that are conducted by the Department of De14 fense, the Department of Veterans Affairs, or the pri15 vate sector, including— 

16 (A) efforts to identify physiological markers 

17 of post-traumatic stress disorder; 

18 (B) with respect to efforts to determine cau19 sation of post-traumatic stress disorder, brain 

20 imaging studies and the correlation between 

21 brain region atrophy and post-traumatic stress 

22 disorder diagnoses and the results (including any 

23 interim results) of such efforts; 

24 (C) the effectiveness of administering phar25 maceutical agents before, during, or after a trauVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
246 

•HR 2647 RH

1 matic event in the prevention and treatment of 

2 post-traumatic stress disorder; and 

3 (D) identification of areas in which the De4 partment of Defense and the Department of Vet5 erans Affairs may be duplicating studies, pro6 grams, or research with respect to post-traumatic 

7 stress disorder. 

8 (3) A description of each treatment program for 

9 post-traumatic stress disorder, including a compari10 son of the methods of treatment by each program, at 

11 the following locations: 

12 (A) Fort Hood, Texas. 

13 (B) Fort Bliss, Texas. 

14 (C) Fort Campbell, Tennessee. 

15 (D) Other locations the Secretary of Defense 

16 considers appropriate. 

17 (4) The respective annual expenditure by the De18 partment of Defense and the Department of Veterans 

19 Affairs for the treatment and rehabilitation of post20 traumatic stress disorder. 

21 (5) A description of gender-specific and racial 

22 and ethnic group-specific mental health treatment 

23 and services available for members of the Armed 

24 Forces, including— 


tjames on PRODPC75 with BILLS
247 

•HR 2647 RH

1 (A) the availability of such treatment and 

2 services; 

3 (B) the access to such treatment and serv4 ices; 

5 (C) the need for such treatment and serv6 ices; and 

7 (D) the efficacy and adequacy of such treat8 ment and services. 

9 (6) A description of areas for expanded future 

10 research with respect to post-traumatic stress dis11 order. 

12 (7) Any other matters the Secretaries consider 

13 relevant. 

14 (b) UPDATED REPORT REQUIRED.—Not later than 

15 December 31, 2012, the Secretary of Defense and the Sec16 retary of Veterans Affairs, in consultation with the Sec17 retary of Health and Human Services, shall jointly submit 

18 to the appropriate committees an update of the report re19 quired by subsection (a). 

20 (c) APPROPRIATE COMMITTEES DEFINED.—In this 

21 section, the term ‘‘appropriate committees’’ means— 

22 (1) the Committee on Armed Services, the Com23 mittee on Appropriations, the Committee on Veterans’ 

24 Affairs, and the Committee on Energy and Commerce 

25 of the House of Representatives; and 


tjames on PRODPC75 with BILLS
248 

•HR 2647 RH

1 (2) the Committee on Armed Services, the Com2 mittee on Appropriations, the Committee on Veterans’ 

3 Affairs, and the Committee on Health, Education, 

4 Labor, and Pensions of the Senate. 

5 SEC. 712. REPORT ON THE FEASIBILITY OF TRICARE PRIME 

6 IN CERTAIN COMMONWEALTHS AND TERRI7 TORIES OF THE UNITED STATES. 

8 (a) STUDY REQUIRED.—The Secretary of Defense shall 

9 conduct a study examining the feasibility and cost-effective10 ness of offering TRICARE Prime in each of the following 

11 locations: 

12 (1) American Samoa. 

13 (2) Guam. 

14 (3) The Commonwealth of the Northern Mariana 

15 Islands. 

16 (4) The Commonwealth of Puerto Rico. 

17 (5) The Virgin Islands. 

18 (b) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act, the Secretary shall submit to 

20 the congressional defense committees a report on the study. 

21 (c) TRICARE PRIME DEFINED.—In this section, the 

22 term ‘‘TRICARE Prime’’ has the meaning given that term 

23 in section 1097a(f)(1) of title 10, United States Code. 


tjames on PRODPC75 with BILLS
249 

•HR 2647 RH

1 SEC. 713. REPORT ON THE HEALTH CARE NEEDS OF MILI2 TARY FAMILY MEMBERS. 

3 (a) REPORT REQUIRED.—Not later than one year 

4 after the date of the enactment of this Act, the Secretary 

5 of Defense shall submit to the congressional defense commit6 tees a report on the health care needs of dependents (as de7 fined in section 1072(2) of title 10, United States Code). 

8 The report shall include, at a minimum, the following: 

9 (1) With respect to both the direct care system 

10 and the purchased care system, an analysis of the 

11 type of health care facility in which dependents seek 

12 care. 

13 (2) The 10 most common medical conditions for 

14 which dependents seek care. 

15 (3) The availability of and access to health care 

16 providers to treat the conditions identified under 

17 paragraph (2), both in the direct care system and the 

18 purchased care system. 

19 (4) Any shortfalls in the ability of dependents to 

20 obtain required health care services. 

21 (5) Recommendations on how to improve access 

22 to care for dependents. 

23 (b) PILOT PROGRAM.— 

24 (1) ELEMENTS.—The Secretary of the Army 

25 shall carry out a pilot program on the mental health 

26 care needs of military children and adolescents. In 


tjames on PRODPC75 with BILLS
250 

•HR 2647 RH

1 carrying out the pilot program, the Secretary shall es2 tablish a center to— 

3 (A) develop teams to train primary care 

4 managers in mental health evaluations and 

5 treatment of common psychiatric disorders af6 fecting children and adolescents; 

7 (B) develop strategies to reduce barriers to 

8 accessing behavioral health services and encour9 age better use of the programs and services by 

10 children and adolescents; and 

11 (C) expand the evaluation of mental heath 

12 care using common indicators, including— 

13 (i) psychiatric hospitalization rates; 

14 (ii) non-psychiatric hospitalization 

15 rates; and 

16 (iii) mental health relative value units. 

17 (2) REPORTS.— 

18 (A) INTERIM REPORT.—Not later than 90 

19 days after establishing the pilot program, the 

20 Secretary of the Army shall submit to the con21 gressional defense committees a report describing 

22 the— 

23 (i) structure and mission of the pro24 gram; and 


tjames on PRODPC75 with BILLS
251 

•HR 2647 RH

1 (ii) the resources allocated to the pro2 gram. 

3 (B) FINAL REPORT.—Not later than Sep4 tember 30, 2012, the Secretary of the Army shall 

5 submit to the congressional defense committees a 

6 report that addresses the elements described 

7 under paragraph (1). 

8 SEC. 714. REPORT ON STIPENDS FOR MEMBERS OF RE9 SERVE COMPONENTS FOR HEALTH CARE FOR 

10 CERTAIN DEPENDENTS. 

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

12 of this Act, the Secretary of Defense shall submit to the con13 gressional defense committees a report on stipends paid 

14 under section 704 of the National Defense Authorization Act 

15 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 188; 

16 10 U.S.C. 1076 note). The report shall include— 

17 (1) the number of stipends paid; 

18 (2) the amount of the average stipend; and 

19 (3) the number of members who received such sti20 pends. 

21 SEC. 715. REPORT ON THE REQUIRED NUMBER OF MILI22 TARY MENTAL HEALTH PROVIDERS. 

23 Not later than one year after the date of the enactment 

24 of this Act, the Secretary of Defense shall submit to the con25 gressional defense committees a report on the appropriate 


tjames on PRODPC75 with BILLS
252 

•HR 2647 RH

1 number of military mental health providers required to 

2 meet the mental health care needs of members of the Armed 

3 Forces, retired members, and dependents. The report shall 

4 include, at a minimum, the following: 

5 (1) An evaluation of the recommendation titled 

6 ‘‘Ensure an Adequate Supply of Uniformed Pro7 viders’’ made by the Department of Defense Task 

8 Force on Mental Health established by section 723 of 

9 the National Defense Authorization Act for Fiscal 

10 Year 2006 (Public Law 109–163; 119 Stat. 3348). 

11 (2) The criteria and models used to determine 

12 the appropriate number of military mental health 

13 providers. 

14 (3) A plan for how the Secretary of Defense will 

15 achieve the appropriate number of military mental 

16 health providers, including timelines, budgets, and 

17 any additional legislative authority the Secretary de18 termines is required for such plan. 

19 TITLE VIII—ACQUISITION POL20 ICY, ACQUISITION MANAGE21 MENT, AND RELATED MAT22 TERS 

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. 


tjames on PRODPC75 with BILLS
253 

•HR 2647 RH

Sec. 804. Demonstration authority for alternative acquisition process for defense 

information technology programs. 

Sec. 805. Limitation on performance of product support integrator functions. 

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

Limitations 

Sec. 811. Revision of Defense Supplement relating to payment of costs prior to 

definitization. 

Sec. 812. Revisions to definitions relating to contracts in Iraq and Afghanistan. 

Sec. 813. Amendment to notification requirements for awards of single source 

task or delivery orders. 

Sec. 814. Clarification of uniform suspension and debarment requirement. 

Sec. 815. Extension of authority for use of simplified acquisition procedures for 

certain commercial items. 

Sec. 816. Revision to definitions of major defense acquisition program and major 

automated information system. 

Sec. 817. Small Arms Production Industrial Base. 

Sec. 818. Publication of justification for bundling of contracts of the Department 

of Defense. 

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

units. 

Subtitle C—Other Matters 

Sec. 821. Enhanced expedited hiring authority for defense acquisition workforce 

positions. 

Sec. 822. Acquisition Workforce Development Fund amendments. 

Sec. 823. Reports to Congress on full deployment decisions for major automated 

information system programs. 

Sec. 824. Requirement for Secretary of Defense to deny award and incentive fees 

to companies found to jeopardize health or safety of Government 

personnel. 

Sec. 825. Authorization for actions to correct the industrial resource shortfall for 

high-purity beryllium metal in amounts not in excess of 

$85,000,000. 

Sec. 826. Review of post employment restrictions applicable to the Department of 

Defense. 

Sec. 827. Requirement to buy military decorations, ribbons, badges, medals, insignia, and other uniform accouterments produced in the United 

States. 

Sec. 828. Findings and report on the usage of rare earth materials in the defense 

supply chain. 

Sec. 829. Furniture standards. 


tjames on PRODPC75 with BILLS
254 

•HR 2647 RH

1 Subtitle A—Acquisition Policy and 

2 Management 

3 SEC. 801. TEMPORARY AUTHORITY TO ACQUIRE PRODUCTS 

4 AND SERVICES PRODUCED IN COUNTRIES 

5 ALONG A MAJOR ROUTE OF SUPPLY TO AF6 GHANISTAN; REPORT. 

7 (a) IN GENERAL.—In the case of a product or service 

8 to be acquired in support of military or stability operations 

9 in Afghanistan for which the Secretary of Defense makes 

10 a determination described in subsection (b), the Secretary 

11 may conduct a procurement in which— 

12 (1) competition is limited to products or services 

13 that are from one or more countries along a major 

14 route of supply to Afghanistan; or 

15 (2) a preference is provided for products or serv16 ices that are from one or more countries along a 

17 major route of supply to Afghanistan. 

18 (b) DETERMINATION.—A determination described in 

19 this subsection is a determination by the Secretary that— 

20 (1) the product or service concerned is to be used 

21 only by personnel that ship goods, or provide support 

22 for shipping goods, for military forces, police, or other 

23 security personnel of Afghanistan, or for military or 

24 civilian personnel of the United States, United States 


tjames on PRODPC75 with BILLS
255 

•HR 2647 RH

1 allies, or Coalition partners operating in military or 

2 stability operations in Afghanistan; 

3 (2) it is in the national security interest of the 

4 United States to limit competition or provide a pref5 erence as described in subsection (a) because such lim6 itation or preference is necessary— 

7 (A) to reduce overall United States trans8 portation costs and risks in shipping goods in 

9 support of military or stability operations in Af10 ghanistan; 

11 (B) to encourage countries along a major 

12 route of supply to Afghanistan to cooperate in 

13 expanding supply routes through their territory 

14 in support of military or stability operations in 

15 Afghanistan; or 

16 (C) to help develop more robust and endur17 ing routes of supply to Afghanistan; and 

18 (3) limiting competition or providing a pref19 erence as described in subsection (a) will not ad20 versely affect— 

21 (A) military or stability operations in Af22 ghanistan; or 

23 (B) the United States industrial base. 


tjames on PRODPC75 with BILLS
256 

•HR 2647 RH

1 (c) PRODUCTS, SERVICES, AND SOURCES FROM A

2 COUNTRY ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANI3 STAN.—For the purposes of this section: 

4 (1) A product is from a country along a major 

5 route of supply to Afghanistan if it is mined, pro6 duced, or manufactured in a covered country. 

7 (2) A service is from a country along a major 

8 route of supply to Afghanistan if it is performed in 

9 a covered country by citizens or permanent resident 

10 aliens of a covered country. 

11 (3) A source is from a country along a major 

12 route of supply to Afghanistan if it— 

13 (A) is located in a covered country; and 

14 (B) offers products or services that are from 

15 a covered country. 

16 (d) COVERED COUNTRY DEFINED.—In this section, the 

17 term ‘‘covered country’’ means Georgia, Kyrgyzstan, Paki18 stan, Armenia, Azerbaijan, Kazakhstan, Tajikistan, 

19 Uzbekistan, or Turkmenistan. 

20 (e) CONSTRUCTION WITH OTHER AUTHORITY.—The 

21 authority provided in subsection (a) is in addition to the 

22 authority set forth in section 886 of the National Defense 

23 Authorization Act for Fiscal Year 2008 (Public Law 110– 

24 181; 122 Stat. 266; 10 U.S.C. 2302 note). 


tjames on PRODPC75 with BILLS
257 

•HR 2647 RH

1 (f) TERMINATION OF AUTHORITY.—The Secretary of 

2 Defense may not exercise the authority provided in sub3 section (a) on and after the date occurring 18 months after 

4 the date of the enactment of this Act. 

5 (g) REPORT ON AUTHORITY.—Not later than April 1, 

6 2010, the Secretary of Defense shall submit to the congres7 sional defense committees a report on the use of the author8 ity provided in subsection (a). The report shall address, at 

9 a minimum, following: 

10 (1) The number of determinations made by the 

11 Secretary pursuant to subsection (b). 

12 (2) A description of the products and services ac13 quired using the authority. 

14 (3) The extent to which the use of the authority 

15 has met the objectives of subparagraph (A), (B), or 

16 (C) of subsection (b)(2). 

17 (4) A list of the countries providing products or 

18 services as a result of a determination made pursuant 

19 to subsection (b). 

20 (5) Any recommended modifications to the au21 thority. 

22 SEC. 802. ASSESSMENT OF IMPROVEMENTS IN SERVICE 

23 CONTRACTING. 

24 (a) ASSESSMENT REQUIRED.—The Under Secretary of 

25 Defense for Acquisition, Technology, and Logistics shall 


tjames on PRODPC75 with BILLS
258 

•HR 2647 RH

1 provide for an independent assessment of improvements in 

2 the procurement and oversight of services by the Depart3 ment of Defense. The assessment shall be conducted by a 

4 federally funded research and development center selected 

5 by the Under Secretary. 

6 (b) MATTERS COVERED.—The assessment required by 

7 subsection (a) shall include the following: 

8 (1) An assessment of the quality and complete9 ness of guidance relating to the procurement of serv10 ices, including implementation of statutory and regu11 latory authorities and requirements. 

12 (2) A determination of the extent to which best 

13 practices are being developed for setting requirements 

14 and developing statements of work. 

15 (3) A determination of whether effective stand16 ards to measure performance have been developed. 

17 (4) An assessment of the effectiveness of peer re18 views within the Department of Defense of contracts 

19 for services and whether such reviews are being con20 ducted at the appropriate dollar threshold. 

21 (5) An assessment of the management structure 

22 for the procurement of services, including how the 

23 military departments and Defense Agencies have im24 plemented section 2330 of title 10, United States 

25 Code. 


tjames on PRODPC75 with BILLS
259 

•HR 2647 RH

1 (6) A determination of whether the performance 

2 savings goals required by section 802 of the National 

3 Defense Authorization Act for Fiscal Year 2002 (10 

4 U.S.C. 2330 note) are being achieved. 

5 (7) An assessment of the effectiveness of the Ac6 quisition Center of Excellence for Services established 

7 pursuant to section 1431(b) of the Services Acquisi8 tion Reform Act of 2003 (title XIV of Public Law 

9 108–136; 117 Stat. 1671; 41 U.S.C. 405 note) and the 

10 feasibility of creating similar centers of excellence in 

11 the military departments. 

12 (8) An assessment of the quality and sufficiency 

13 of the acquisition workforce for the procurement and 

14 oversight of services. 

15 (9) Such other related matters as the Under Sec16 retary considers appropriate. 

17 (c) REPORT.—Not later than March 10, 2010, the 

18 Under Secretary shall submit to the congressional defense 

19 committees a report on the results of the assessment, includ20 ing such comments and recommendations as the Under Sec21 retary considers appropriate. 


tjames on PRODPC75 with BILLS
260 

•HR 2647 RH

1 SEC. 803. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 

2 FOR PROCUREMENT OF CONTRACT SERVICES 

3 AND RELATED CLARIFYING TECHNICAL 

4 AMENDMENTS. 

5 (a) CODIFICATION OF REQUIREMENT FOR SPECIFICA6 TION OF AMOUNTS REQUESTED FOR PROCUREMENT OF

7 CONTRACT SERVICES.— 

8 (1) IN GENERAL.—Chapter 9 of title 10, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 235. Procurement of contract services: specification 

12 of amounts requested in budget 

13 ‘‘(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA14 TION DOCUMENTS.—The Secretary of Defense shall submit 

15 to the President, as a part of the defense budget materials 

16 for a fiscal year, information described in subsection (b) 

17 with respect to the procurement of contract services. 

18 ‘‘(b) INFORMATION PROVIDED.—For each budget ac19 count, the materials submitted shall clearly and separately 

20 identify— 

21 ‘‘(1) the amount requested for the procurement of 

22 contract services for each Department of Defense com23 ponent, installation, or activity; 

24 ‘‘(2) the amount requested for each type of serv25 ice to be provided; and 


tjames on PRODPC75 with BILLS
261 

•HR 2647 RH

1 ‘‘(3) the number of full-time contractor employees 

2 (or the equivalent of full-time in the case of part-time 

3 contractor employees) projected and justified for each 

4 Department of Defense component, installation, or ac5 tivity based on the inventory of contracts for services 

6 required by subsection (c) of section 2330a of this title 

7 and the review required by subsection (e) of such sec8 tion. 

9 ‘‘(c) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘contract services’— 

11 ‘‘(A) means services from contractors; but 

12 ‘‘(B) excludes services relating to research 

13 and development and services relating to mili14 tary construction. 

15 ‘‘(2) The term ‘defense budget materials’, with 

16 respect to a fiscal year, means the materials sub17 mitted to the President by the Secretary of Defense in 

18 support of the budget for that fiscal year. 

19 ‘‘(3) The term ‘budget’, with respect to a fiscal 

20 year, means the budget for that fiscal year that is 

21 submitted to Congress by the President under section 

22 1105(a) of title 31.’’. 

23 (2) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of such chapter is amended by 

25 adding at the end the following new item: 


tjames on PRODPC75 with BILLS
262 

•HR 2647 RH

‘‘235. Procurement of contract services: specification of amounts requested in 

budget’’. 

1 (3) REPEAL OF SUPERSEDED PROVISION.—Sec2 tion 806 of the National Defense Authorization Act 

3 for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

4 221 note) is repealed. 

5 (b) CLARIFICATION OF CONTRACT SERVICES REVIEW

6 AND PLANNING REQUIREMENTS.—Section 2330a(e) of title 

7 10, United States Code, is amended in paragraph (4) by 

8 inserting after ‘‘plan’’ the following: ‘‘and a contracts serv9 ices requirements approval process’’. 

10 SEC. 804. DEMONSTRATION AUTHORITY FOR ALTERNATIVE 

11 ACQUISITION PROCESS FOR DEFENSE INFOR12 MATION TECHNOLOGY PROGRAMS. 

13 (a) AUTHORITY.—The Secretary of Defense may des14 ignate up to 10 information technology programs annually 

15 to be included in a demonstration of an alternative acquisi16 tion process for rapidly acquiring information technology 

17 capabilities. In designating the programs, the Secretary 

18 may select any information technology program in any of 

19 the military departments or Defense Agencies that has re20 ceived milestone A approval, but has not yet received mile21 stone B approval. 

22 (b) PROCEDURES.—The Secretary of Defense shall es23 tablish procedures for the exercise of the authority under 

24 subsection (a), including a process for measuring the effecVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
263 

•HR 2647 RH

1 tiveness of the alternative acquisition process to be dem2 onstrated. The Secretary of Defense shall notify the congres3 sional defense committees of those procedures before any ex4 ercise of that authority. 

5 (c) REQUIREMENT TO PAY FULL COST IN YEAR OF

6 DELIVERY.—No contract to acquire an information tech7 nology system may be entered into using the authority 

8 under subsection (a) unless the funds for the full cost of such 

9 system are obligated or expended in the fiscal year of deliv10 ery of the system. 

11 (d) ANNUAL REPORT.—By March 1 of each year, be12 ginning March 1, 2010, and ending March 1, 2016, the Sec13 retary of Defense shall submit to the congressional defense 

14 committees a report on the activities carried out under the 

15 authority under subsection (a) during the preceding year. 

16 Each report shall include, at a minimum, the following: 

17 (1) A description of each information technology 

18 program in the demonstration, including goals, fund19 ing, and military department or Defense Agency 

20 sponsors. 

21 (2) A description of the methods for measuring 

22 the effectiveness of the alternative acquisition process 

23 for each information technology program in the dem24 onstration. 


tjames on PRODPC75 with BILLS
264 

•HR 2647 RH

1 (3) Identification of any significant systemic or 

2 process issues impeding the effectiveness of the alter3 native acquisition process. 

4 (e) PERIOD OF AUTHORITY.—The authority under 

5 subsection (a) shall be in effect during each of fiscal years 

6 2010 through 2015. 

7 SEC. 805. LIMITATION ON PERFORMANCE OF PRODUCT 

8 SUPPORT INTEGRATOR FUNCTIONS. 

9 (a) LIMITATION.— 

10 (1) IN GENERAL.—Chapter 141 of title 10, 

11 United States Code, is amended by adding at the end 

12 the following new section: 

13 ‘‘§ 2410r. Contractor sustainment support arrange14 ments: limitation on product support inte15 grator functions 

16 ‘‘(a) LIMITATION.—A product support integrator func17 tion for a covered major system may be performed only by 

18 a member of the armed forces or an employee of the Depart19 ment of Defense. 

20 ‘‘(b) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘product support integrator func22 tion’ means the function of integrating all sources of 

23 support for a major system, both public and private, 

24 and includes the integration of sustainment support 


tjames on PRODPC75 with BILLS
265 

•HR 2647 RH

1 arrangements at the level of the program office re2 sponsible for sustainment of such system. 

3 ‘‘(2) The term ‘covered major system’ means a 

4 major system for which a sustainment support ar5 rangement is employed. 

6 ‘‘(3) The term ‘sustainment support arrange7 ment’ means a contract, task order, or other contrac8 tual arrangement for the integration of sustainment 

9 or logistics support such as materiel management, 

10 configuration management, data management, sup11 ply, distribution, repair, overhaul, product improve12 ment, calibration, maintenance, readiness, reliability, 

13 availability, mean down time, customer wait time, 

14 foot print reduction, reduced ownership costs and 

15 other tasks normally performed as part of the logistics 

16 support required for a major system. The term in17 cludes any of the following arrangements: 

18 ‘‘(A) Contractor performance-based logistics. 

19 ‘‘(B) Contractor sustainment support. 

20 ‘‘(C) Contractor logistics support. 

21 ‘‘(D) Contractor life cycle product support. 

22 ‘‘(E) Contractor weapons system product 

23 support. 

24 ‘‘(3) The term ‘major system’ means that com25 bination of elements that will function together to 


tjames on PRODPC75 with BILLS
266 

•HR 2647 RH

1 produce the capabilities required to fulfill a mission 

2 need as defined in section 2302(d) this title.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended by 

5 adding after the item relating to section 2410q the fol6 lowing new item: 

‘‘2410r. Contractor sustainment support arrangements: limitation on product support integrator functions.’’. 

7 (b) EFFECTIVE DATE.—Section 2410r of title 10, 

8 United States Code, as added by subsection (a), shall apply 

9 to contracts entered into after September 30, 2010. 

10 Subtitle B—Amendments to General 

11 Contracting Authorities, Proce12 dures, and Limitations 

13 SEC. 811. REVISION OF DEFENSE SUPPLEMENT RELATING 

14 TO PAYMENT OF COSTS PRIOR TO 

15 DEFINITIZATION. 

16 (a) REQUIREMENT.—Not later than 180 days after the 

17 date of the enactment of this Act, the Secretary of Defense 

18 shall revise the Defense Supplement to the Federal Acquisi19 tion Regulation to require that, if a clause relating to pay20 ment of costs prior to definitization of costs is included in 

21 a contract of the Department of Defense, the clause shall 

22 apply— 

23 (1) to the contract regardless of the type of con24 tract; and 


tjames on PRODPC75 with BILLS
267 

•HR 2647 RH

1 (2) to each contractual action pursuant to the 

2 contract. 

3 (b) CONTRACTUAL ACTION.—In this section, the term 

4 ‘‘contractual action’’ includes a task order or delivery order. 

5 SEC. 812. REVISIONS TO DEFINITIONS RELATING TO CON6 TRACTS IN IRAQ AND AFGHANISTAN. 

7 (a) REVISIONS TO DEFINITION OF CONTRACT IN IRAQ

8 OR AFGHANISTAN.—Section 864(a)(2) of the National De9 fense Authorization Act for Fiscal Year 2008 (Public Law 

10 110–181; 122 Stat. 258; 10 U.S.C. 2302 note) is amended— 

11 (1) by striking ‘‘or a task order or delivery order 

12 at any tier issued under such a contract’’ and insert13 ing ‘‘a task order or delivery order at any tier issued 

14 under such a contract, a grant, or a cooperative 

15 agreement’’; 

16 (2) by striking in the parenthetical ‘‘or task 

17 order or delivery order’’ and inserting ‘‘task order, de18 livery order, grant, or cooperative agreement’’; 

19 (3) by striking ‘‘or task or delivery order’’ after 

20 the parenthetical and inserting ‘‘task order, delivery 

21 order, grant, or cooperative agreement’’; and 

22 (4) by striking ‘‘14 days’’ and inserting ‘‘30 

23 days’’. 


tjames on PRODPC75 with BILLS
268 

•HR 2647 RH

1 (b) REVISION TO DEFINITION OF COVERED CON2 TRACT.—Section 864(a)(3) of such Act (Public Law 110– 

3 181; 122 Stat. 259; 10 U.S.C. 2302 note) is amended— 

4 (1) by striking ‘‘or’’ at the end of subparagraph 

5 (B); 

6 (2) by striking the period and inserting a semi7 colon at the end of subparagraph (C); and 

8 (3) by adding at the end the following new sub9 paragraphs: 

10 ‘‘(D) a grant for the performance of services 

11 in an area of combat operations, as designated 

12 by the Secretary of Defense under subsection (c) 

13 of section 862; or 

14 ‘‘(E) a cooperative agreement for the per15 formance of services in such an area of combat 

16 operations.’’. 

17 (c) REVISION TO DEFINITION OF CONTRACTOR.— 

18 Paragraph (4) of section 864(a) of such Act (Public Law 

19 110–181; 122 Stat. 259; 10 U.S.C. 2302 note) is amended 

20 to read as follows: 

21 ‘‘(4) CONTRACTOR.—The term ‘contractor’, with 

22 respect to a covered contract, means— 

23 ‘‘(A) in the case of a covered contract that 

24 is a contract, subcontract, task order, or delivery 


tjames on PRODPC75 with BILLS
269 

•HR 2647 RH

1 order, the contractor or subcontractor carrying 

2 out the covered contract; 

3 ‘‘(B) in the case of a covered contract that 

4 is a grant, the grantee; and 

5 ‘‘(C) in the case of a covered contract that 

6 is a cooperative agreement, the recipient.’’. 

7 (d) REVISION IN VALUE OF CONTRACTS COVERED BY

8 CERTAIN REPORT.—Section 1248(c)(1)(B) of such Act 

9 (Public Law 110–181; 122 Stat. 400) is amended by strik10 ing ‘‘$25,000’’ and inserting ‘‘$100,000’’. 

11 SEC. 813. AMENDMENT TO NOTIFICATION REQUIREMENTS 

12 FOR AWARDS OF SINGLE SOURCE TASK OR 

13 DELIVERY ORDERS. 

14 (a) CONGRESSIONAL DEFENSE COMMITTEES.—Sub15 paragraph (B) of section 2304a(d)(3) of title 10, United 

16 States Code, is amended to read as follows: 

17 ‘‘(B) The head of the agency shall notify the congres18 sional defense committees within 30 days after any deter19 mination under clause (i), (ii), (iii), or (iv) of subpara20 graph (A).’’. 

21 (b) CONGRESSIONAL INTELLIGENCE COMMITTEES.— 

22 Any notification provided under subparagraph (B) of sec23 tion 2304a(d)(3) of title 10, United States Code, as amend24 ed by subsection (a), shall also be provided to the Permanent 

25 Select Committee on Intelligence of the House of RepresentVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
270 

•HR 2647 RH

1 atives and the Select Committee on Intelligence of the Sen2 ate if the source of funds for the task or delivery order con3 tract concerned is the National Intelligence Program or the 

4 Military Intelligence Program. 

5 SEC. 814. CLARIFICATION OF UNIFORM SUSPENSION AND 

6 DEBARMENT REQUIREMENT. 

7 Section 2455(a) of the Federal Acquisition Stream8 lining Act of 1994 (31 U.S.C. 6101 note) is amended by 

9 inserting ‘‘at any level, including subcontracts at any tier,’’ 

10 in the second sentence after ‘‘any procurement or non11 procurement activity’’. 

12 SEC. 815. EXTENSION OF AUTHORITY FOR USE OF SIM13 PLIFIED ACQUISITION PROCEDURES FOR 

14 CERTAIN COMMERCIAL ITEMS. 

15 Section 4202 of the Clinger–Cohen Act of 1996 (Divi16 sion D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 

17 2304 note) as amended by section 822 of the National De18 fense Authorization Act for Fiscal Year 2008 (Public Law 

19 110–181; 122 Stat. 226) is amended in subsection (e) by 

20 striking ‘‘2010’’ and inserting ‘‘2012’’. 


tjames on PRODPC75 with BILLS
271 

•HR 2647 RH

1 SEC. 816. REVISION TO DEFINITIONS OF MAJOR DEFENSE 

2 ACQUISITION PROGRAM AND MAJOR AUTO3 MATED INFORMATION SYSTEM. 

4 (a) MAJOR DEFENSE ACQUISITION PROGRAM.—Sec5 tion 2430 of title 10, United States Code, is amended by 

6 adding at the end the following new subsection: 

7 ‘‘(d) In the case of a Department of Defense acquisition 

8 program that, by reason of paragraph (2) of section 

9 2445a(a) of this title, is a major automated information 

10 system program under chapter 144A of this title and that, 

11 by reason of paragraph (2) of subsection (a), is a major 

12 defense acquisition program under this chapter, the Sec13 retary of Defense may designate that program to be treated 

14 only as a major automated information system program 

15 or to be treated only as a major defense acquisition pro16 gram.’’. 

17 (b) MAJOR AUTOMATED INFORMATION SYSTEM.—Sec18 tion 2445a(a) of such title is amended by inserting ‘‘that 

19 is not a highly sensitive classified program (as determined 

20 by the Secretary of Defense)’’ after ‘‘(either as a product 

21 or service)’’. 

22 SEC. 817. SMALL ARMS PRODUCTION INDUSTRIAL BASE. 

23 Section 2473 of title 10, United States Code, is amend24 ed— 

25 (1) by amending subsection (c) to read as fol26 lows: 


tjames on PRODPC75 with BILLS
272 

•HR 2647 RH

1 ‘‘(c) SMALL ARMS PRODUCTION INDUSTRIAL BASE.— 

2 In this section, the term ‘small arms production industrial 

3 base’ means the persons and organizations that are engaged 

4 in the production or maintenance of small arms within the 

5 United States.’’; and 

6 (2) in subsection (d), by adding at the end the 

7 following new paragraph: 

8 ‘‘(6) Pistols.’’. 

9 SEC. 818. PUBLICATION OF JUSTIFICATION FOR BUNDLING 

10 OF CONTRACTS OF THE DEPARTMENT OF DE11 FENSE. 

12 (a) REQUIREMENT TO PUBLISH JUSTIFICATION FOR

13 BUNDLING.—A contracting officer of the Department of De14 fense carrying out a covered acquisition shall publish the 

15 justification required by paragraph (f) of subpart 7.107 of 

16 the Federal Acquisition Regulation on the website known 

17 as FedBizOpps.gov (or any successor site) 30 days prior 

18 to the release of a solicitation for such acquisition. 

19 (b) COVERED ACQUISITION DEFINED.—In this section, 

20 the term ‘‘covered acquisition’’ means an acquisition that 

21 is— 

22 (1) funded entirely using funds of the Depart23 ment of Defense; and 


tjames on PRODPC75 with BILLS
273 

•HR 2647 RH

1 (2) covered by subpart 7.107 of the Federal Ac2 quisition Regulation (relating to acquisitions involv3 ing bundling). 

4 (c) CONSTRUCTION.—(1) Nothing in this section shall 

5 be construed to alter the responsibility of a contracting offi6 cer to provide the justification referred to in subsection (a) 

7 with respect to a covered acquisition, or otherwise provide 

8 notification, to any party concerning such acquisition 

9 under any other requirement of law or regulation. 

10 (2) Nothing in this section shall be construed to require 

11 the public availability of information that is exempt from 

12 public disclosure under section 552(b) of title 5, United 

13 States Code, or is otherwise restricted from public disclosure 

14 by law or executive order. 

15 (3) Nothing in this section shall be construed to require 

16 a contracting officer to delay the issuance of a solicitation 

17 in order to meet the requirements of subsection (a) if the 

18 expedited issuance of such solicitation is otherwise author19 ized under any other requirement of law or regulation. 

20 SEC. 819. CONTRACT AUTHORITY FOR ADVANCED COMPO21 NENT DEVELOPMENT OR PROTOTYPE UNITS. 

22 (a) AUTHORITY.—A contract initially awarded from 

23 the competitive selection of a proposal resulting from a gen24 eral solicitation referred to in section 2302(2)(B) of title 


tjames on PRODPC75 with BILLS
274 

•HR 2647 RH

1 10, United States Code, may contain a contract option 

2 for— 

3 (1) the provision of advanced component develop4 ment and prototype of technology developed in the 

5 initial underlying contract; or 

6 (2) the delivery of initial or additional prototype 

7 items if the item or a prototype thereof is created as 

8 the result of work performed under the initial com9 peted research contract. 

10 (b) DELIVERY.—A contract option as described in sub11 section (a)(2) shall require the delivery of the minimal 

12 amount of initial or additional prototype items to allow 

13 for the timely competitive solicitation and award of a fol14 low-on development or production contract for those items. 

15 Such contract option may have a value only up to three 

16 times the value of the base contract ceiling and any subse17 quent development or procurement must be subject to the 

18 terms of section 2304 of title 10, United States Code. 

19 (c) TERM.—A contract option as described in sub20 section (a)(1) shall be for a term of not more than 12 

21 months. 

22 (d) USE OF AUTHORITY.—Each military department 

23 may use the authority provided in subsection (a) to exercise 

24 a contract option described in that subsection up to four 

25 times a year, and the Secretary of Defense may approve 


tjames on PRODPC75 with BILLS
275 

•HR 2647 RH

1 up to an additional four total options a year for projects 

2 supported by agencies of the Department of Defense, until 

3 September 30, 2014. 

4 (e) REPORT.—The Secretary of Defense shall submit 

5 to the congressional defense committees a report on the use 

6 of the authority provided by subsection (a) not later than 

7 March 1, 2014. The report shall, at a minimum, describe— 

8 (1) the number of times the contract options were 

9 exercised under such authority and the scope of each 

10 such option; 

11 (2) the circumstances that rendered the military 

12 department or defense agency unable to solicit and 

13 award a follow-on development or production contract 

14 in a timely fashion, but for the use of such authority; 

15 (3) the extent to which such authority increased 

16 competition and improved technology transition; and 

17 (4) any recommendations regarding the modi18 fication or extension of such authority. 

19 Subtitle C—Other Matters 

20 SEC. 821. ENHANCED EXPEDITED HIRING AUTHORITY FOR 

21 DEFENSE ACQUISITION WORKFORCE POSI22 TIONS. 

23 (a) IN GENERAL.—Section 1705(h)(1) of title 10, 

24 United States Code, is amended— 


tjames on PRODPC75 with BILLS
276 

•HR 2647 RH

1 (1) in subparagraph (A), by striking ‘‘acquisi2 tion positions within the Department of Defense as 

3 shortage category positions’’ and inserting ‘‘acquisi4 tion workforce positions as positions for which there 

5 exists a shortage of candidates or there is a critical 

6 hiring need’’; and 

7 (2) in subparagraph (B), by striking ‘‘highly’’. 

8 (b) TECHNICAL AMENDMENT.—Such section is further 

9 amended by striking ‘‘United States Code,’’ in the matter 

10 preceding subparagraph (A). 

11 SEC. 822. ACQUISITION WORKFORCE DEVELOPMENT FUND 

12 AMENDMENTS. 

13 (a) REVISIONS TO CREDITS TO FUND.— 

14 (1) REMITTANCE BY FISCAL YEAR INSTEAD OF

15 QUARTER.—Subparagraph (B) of section 1705(d)(2) 

16 of title 10, United States Code, is amended— 

17 (A) in the first sentence, by striking ‘‘the 

18 third fiscal year quarter’’ and all that follows 

19 through ‘‘thereafter’’ and inserting ‘‘each fiscal 

20 year’’; and 

21 (B) by striking ‘‘quarter’’ before ‘‘for serv22 ices’’. 

23 (2) AUTHORITY TO SUSPEND REMITTANCE RE24 QUIREMENT.—Section 1705(d)(2) of such title is furVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
277 

•HR 2647 RH

1 ther amended by adding at the end the following new 

2 subparagraph: 

3 ‘‘(E) The Secretary of Defense may suspend the 

4 requirement to remit amounts under subparagraph 

5 (B), or reduce the amount required to be remitted 

6 under that subparagraph, for fiscal year 2010 or any 

7 subsequent fiscal year for which amounts appro8 priated to the Fund are in excess of the amount speci9 fied for that fiscal year in subparagraph (D).’’. 

10 (b) REVISION TO EMPLOYEES COVERED BY PROHIBI11 TION OF PAYMENT OF BASE SALARY.—Paragraph (5) of 

12 section 1705(e) of such title is amended by striking ‘‘who 

13 was an employee of the Department as of the date of the 

14 enactment of the National Defense Authorization Act for 

15 Fiscal Year 2008’’ and inserting ‘‘who, as of January 28, 

16 2008, was an employee of the Department serving in a posi17 tion in the acquisition workforce’’. 

18 (c) TECHNICAL AMENDMENTS.—Section 1705 of such 

19 title is further amended— 

20 (1) in subsection (a), by inserting ‘‘Develop21 ment’’ after ‘‘Workforce’’; and 

22 (2) in subsection (f), by striking ‘‘beginning with 

23 fiscal year 2008’’ in the matter preceding paragraph 

24 (1). 


tjames on PRODPC75 with BILLS
278 

•HR 2647 RH

1 SEC. 823. REPORTS TO CONGRESS ON FULL DEPLOYMENT 

2 DECISIONS FOR MAJOR AUTOMATED INFOR3 MATION SYSTEM PROGRAMS. 

4 (a) IMPLEMENTATION SCHEDULE.—Section 

5 2445b(b)(2) of title 10, United States Code, is amended by 

6 striking ‘‘, initial operational capability, and full oper7 ational capability’’ and inserting ‘‘and full deployment de8 cision’’. 

9 (b) CRITICAL CHANGES IN PROGRAM.—Section 

10 2445c(d)(2)(A) of such title is amended by striking ‘‘initial 

11 operational capability’’ and inserting ‘‘a full deployment 

12 decision’’. 

13 SEC. 824. REQUIREMENT FOR SECRETARY OF DEFENSE TO 

14 DENY AWARD AND INCENTIVE FEES TO COM15 PANIES FOUND TO JEOPARDIZE HEALTH OR 

16 SAFETY OF GOVERNMENT PERSONNEL. 

17 (a) REQUIREMENT TO DENY AWARD AND INCENTIVE

18 FEES.— 

19 (1) PRIME CONTRACTORS.—The Secretary of De20 fense shall prohibit the payment of award and incen21 tive fees to any defense contractor— 

22 (A) that has been determined, through a 

23 criminal, civil, or administrative proceeding 

24 that results in a disposition listed in subsection 

25 (c), in the performance of a covered contract to 

26 have caused serious bodily injury or death to 


tjames on PRODPC75 with BILLS
279 

•HR 2647 RH

1 any civilian or military personnel of the Govern2 ment through gross negligence or with reckless 

3 disregard for the safety of such personnel; or 

4 (B) that awarded a subcontract under a 

5 covered contract to a subcontractor that has been 

6 determined, through a criminal, civil, or admin7 istrative proceeding that results in a disposition 

8 listed in subsection (c), in the performance of the 

9 subcontract to have caused serious injury or 

10 death to any civilian or military personnel of 

11 the Government, through gross negligence or with 

12 reckless disregard for the safety of such per13 sonnel, but only to the extent that the defense 

14 contractor has been determined (through such a 

15 proceeding that results in such a disposition) 

16 that the defense contractor is also liable for such 

17 actions of the subcontractor. 

18 (2) SUBCONTRACTORS.—The Secretary of De19 fense shall prohibit the payment of award and incen20 tive fees to any subcontractor under a covered con21 tract that has been determined, through a criminal, 

22 civil, or administrative proceeding that results in a 

23 disposition listed in subsection (c), in the performance 

24 of a covered contract to have caused serious bodily in25 jury or death to any civilian or military personnel of 


tjames on PRODPC75 with BILLS
280 

•HR 2647 RH

1 the Government through gross negligence or with reck2 less disregard for the safety of such personnel. 

3 (b) DETERMINATION OF DEBARMENT.—Not later than 

4 90 days after a determination pursuant to subsection (a)(1) 

5 has been made, the Secretary shall determine whether the 

6 defense contractor should be debarred from contracting with 

7 the Department of Defense. 

8 (c) LIST OF DISPOSITIONS IN CRIMINAL, CIVIL, OR AD9 MINISTRATIVE PROCEEDINGS.—For purposes of subsection 

10 (a), the dispositions listed in this subsection are as follows: 

11 (1) In a criminal proceeding, a conviction. 

12 (2) In a civil proceeding, a finding of fault and 

13 liability that results in the payment of a monetary 

14 fine, penalty, reimbursement, restitution, or damages 

15 of $5,000 or more. 

16 (3) In an administrative proceeding, a finding 

17 of fault and liability that results in— 

18 (A) the payment of a monetary fine or pen19 alty of $5,000 or more; or 

20 (B) the payment of a reimbursement, res21 titution, or damages in excess of $100,000. 

22 (4) To the maximum extent practicable and con23 sistent with applicable laws and regulations, in a 

24 criminal, civil, or administrative proceeding, a dis25 position of the matter by consent or compromise with 


tjames on PRODPC75 with BILLS
281 

•HR 2647 RH

1 an acknowledgment of fault by the person if the pro2 ceeding could have led to any of the outcomes speci3 fied in paragraph (1), (2), or (3). 

4 (d) WAIVER.—The prohibition required by subsection 

5 (a) may be waived by the Secretary of Defense on a case6 by-case basis if the Secretary finds that the prohibition 

7 would jeopardize national security. The Secretary shall no8 tify the congressional defense committees of any exercise of 

9 the waiver authority under this subsection. 

10 (e) DEFINITIONS.—In this section: 

11 (1) The term ‘‘defense contractor’’ means a com12 pany awarded a covered contract. 

13 (2) The term ‘‘covered contract’’ means a con14 tract awarded by the Department of Defense for the 

15 procurement of goods or services. 

16 (3) The term ‘‘serious bodily injury’’ means a 

17 grievous physical harm that results in a permanent 

18 disability. 

19 (f) REGULATIONS.—Not later than 180 days after the 

20 date of the enactment of this Act, the Secretary of Defense 

21 shall prescribe regulations to implement the prohibition re22 quired by subsection (a) and shall establish in such regula23 tions— 


tjames on PRODPC75 with BILLS
282 

•HR 2647 RH

1 (1) that the prohibition applies only to award 

2 and incentive fees under the covered contract con3 cerned; 

4 (2) the extent of the award and incentive fees 

5 covered by the prohibition, but shall include, at a 

6 minimum, all award and incentive fees associated 

7 with the performance of the covered contract in the 

8 year in which the serious bodily injury or death re9 sulting in a disposition listed in subsection (c) oc10 curred; and 

11 (3) mechanisms for recovery by or repayment to 

12 the Government of award and incentive fees paid to 

13 a contractor or subcontractor under a covered con14 tract prior to the determination. 

15 (g) EFFECTIVE DATE.—The prohibition required by 

16 subsection (a) shall apply to covered contracts awarded on 

17 or after the date occurring 180 days after the date of the 

18 enactment of this Act. 

19 SEC. 825. AUTHORIZATION FOR ACTIONS TO CORRECT THE 

20 INDUSTRIAL RESOURCE SHORTFALL FOR 

21 HIGH-PURITY BERYLLIUM METAL IN 

22 AMOUNTS NOT IN EXCESS OF $85,000,000. 

23 With respect to actions by the President under section 

24 303 of the Defense Production Act of 1950 (50 U.S.C. App. 

25 2093) to correct the industrial resource shortfall for highVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00282 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
283 

•HR 2647 RH

1 purity beryllium metal, the limitation in subsection 

2 (a)(6)(C) of such section shall be applied by substituting 

3 ‘‘$85,000,000’’ for ‘‘$50,000,000’’. 

4 SEC. 826. REVIEW OF POST EMPLOYMENT RESTRICTIONS 

5 APPLICABLE TO THE DEPARTMENT OF DE6 FENSE. 

7 (a) REVIEW REQUIRED.—The Panel on Contracting 

8 Integrity, established pursuant to section 813 of the John 

9 Warner National Defense Authorization Act for Fiscal Year 

10 2007 (Public Law 109–364), shall review policies relating 

11 to post-employment restrictions on former Department of 

12 Defense personnel to determine whether such policies ade13 quately protect the public interest, without unreasonably 

14 limiting future employment options for former Department 

15 of Defense personnel. 

16 (b) MATTERS CONSIDERED.—In performing the review 

17 required by subsection (a), the Panel shall consider the ex18 tent to which current post-employment restrictions— 

19 (1) appropriately protect the public interest by 

20 preventing personal conflicts of interests and pre21 venting former Department of Defense officials from 

22 exercising undue or inappropriate influence on the 

23 Department of Defense; 

24 (2) appropriately require disclosure of personnel 

25 accepting employment with contractors of the DepartVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
284 

•HR 2647 RH

1 ment of Defense involving matters related to their of2 ficial duties; 

3 (3) use appropriate thresholds, in terms of salary 

4 or duties, for the establishment of such restrictions; 

5 (4) are sufficiently straightforward and have 

6 been explained to personnel of the Department of De7 fense so that such personnel are able to avoid poten8 tial violations of post-employment restriction and 

9 conflicts of interest in interactions with former per10 sonnel of the Department; 

11 (5) adequately address personnel performing du12 ties in acquisition-related activities that are not cov13 ered by current restrictions relating to private sector 

14 employment following employment with the Depart15 ment of Defense and procurement integrity, such as 

16 personnel involved in— 

17 (A) the establishment of requirements; 

18 (B) testing and evaluation; and 

19 (C) the development of doctrine; 

20 (6) ensure that the Department of Defense has 

21 access to world-class talent, especially with respect to 

22 highly qualified technical, engineering, and acquisi23 tion expertise; and 

24 (7) ensure that service in the Department of De25 fense remains an attractive career option. 


tjames on PRODPC75 with BILLS
285 

•HR 2647 RH

1 (c) COMPLETION OF THE REVIEW.—The Panel shall 

2 complete the review required by subsection (a) not later 

3 than one year after the date of the enactment of this Act. 

4 (d) REPORT TO COMMITTEES ON ARMED SERVICES.— 

5 Not later than 30 days after the completion of the review, 

6 the Panel shall submit to the Committees on Armed Services 

7 of the Senate and the House of Representatives a report con8 taining the findings of the review and the recommendations 

9 of the Panel to the Secretary of Defense, including rec10 ommended legislative or regulatory changes, resulting from 

11 the review. 

12 (e) NATIONAL ACADEMY OF PUBLIC ADMINISTRATION

13 ASSESSMENT.— 

14 (1) Not later than 30 days after the completion 

15 of the review, the Secretary of Defense shall enter into 

16 an arrangement with the National Academy of Public 

17 Administration to assess the findings and rec18 ommendations of the review. 

19 (2) Not later than 210 days after the completion 

20 of the review, the National Academy of Public Admin21 istration shall provide its assessment of the review to 

22 the Secretary, along with such additional rec23 ommendations as the National Academy may have. 

24 (3) Not later than 30 days after receiving the as25 sessment, the Secretary shall provide the assessment, 


tjames on PRODPC75 with BILLS
286 

•HR 2647 RH

1 along with such comments as the Secretary considers 

2 appropriate, to the Committees on Armed Services of 

3 the Senate and the House of Representatives. 

4 SEC. 827. REQUIREMENT TO BUY MILITARY DECORATIONS, 

5 RIBBONS, BADGES, MEDALS, INSIGNIA, AND 

6 OTHER UNIFORM ACCOUTERMENTS PRO7 DUCED IN THE UNITED STATES. 

8 (a) REQUIREMENT.—Subchapter III of chapter 147 of 

9 title 10, United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 2495c. Requirement to buy military decorations and 

12 other uniform accouterments from Amer13 ican sources; exceptions 

14 ‘‘(a) BUY-AMERICAN REQUIREMENT.—A military ex15 change store or other nonappropriated fund instrumentality 

16 of the Department of Defense may not purchase for resale 

17 any military decorations, ribbons, badges, medals, insignia, 

18 and other uniform accouterments that are not produced in 

19 the United States. Competitive procedures shall be used in 

20 selecting the United States producer of the decorations. 

21 ‘‘(b) HERALDIC QUALITY CONTROL.—No certificate of 

22 authority (contained in part 507 of title 32, Code of Federal 

23 Regulations) for the manufacture and sale of any item ref24 erence in subsection (a) by the Institute of Heraldry, the 

25 Navy Clothing and Textile Research Facility, or the Marine 


tjames on PRODPC75 with BILLS
287 

•HR 2647 RH

1 Corps Combat Equipment and Support Systems for quality 

2 control and specifications purposes shall be permitted unless 

3 these items are from domestic material manufactured in the 

4 United States. 

5 ‘‘(c) EXCEPTION.—Subsections (a) and (b) do not 

6 apply to the extent that the Secretary of Defense determines 

7 that a satisfactory quality and sufficient quantity of an 

8 item covered by subsection (a) and produced in the United 

9 States cannot be procured at a reasonable cost. 

10 ‘‘(d) UNITED STATES DEFINED.—In this section, the 

11 term ‘United States’ includes the Commonwealth of Puerto 

12 Rico, Guam, the United States Virgin Islands, the Com13 monwealth of the Northern Mariana Islands, American 

14 Samoa, and any other territory or possession of the United 

15 States.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections at 

17 the beginning of such subchapter is amended by adding at 

18 the end the following new item: 

‘‘2495c. Requirement to buy military decorations and other uniform 

accouterments from American sources; exceptions.’’. 

19 (c) CONFORMING AMENDMENT.—Section 2533a(b)(1) 

20 of such title is amended— 

21 (1) in subparagraph (D), by striking ‘‘or’’ at the 

22 end; 

23 (2) in subparagraph (E), by striking the period 

24 at the end and inserting ‘‘; or’’; and 


tjames on PRODPC75 with BILLS
288 

•HR 2647 RH

1 (3) by adding at the end the following new sub2 paragraph: 

3 ‘‘(F) military decorations, ribbons, badges, 

4 medals, insignia, and other uniform 

5 accouterments.’’. 

6 SEC. 828. FINDINGS AND REPORT ON THE USAGE OF RARE 

7 EARTH MATERIALS IN THE DEFENSE SUPPLY 

8 CHAIN. 

9 (a) FINDINGS.—Regarding the availability of rare 

10 earth materials and components containing rare earth ma11 terials in the defense supply chain Congress finds— 

12 (1) it is necessary, to the maximum extent prac13 ticable, to ensure the uninterrupted supply of stra14 tegic materials critical to national security, including 

15 rare earth materials and other items covered under 

16 section 2533b of title 10, United States Code, to sup17 port the defense supply-chain, particularly when 

18 many of those materials are supplied by primary 

19 producers in unreliable foreign nations; 

20 (2) many less common metals, including rare 

21 earths and thorium, are critical to modern tech22 nologies, including numerous defense critical tech23 nologies and these technologies cannot be built without 

24 the use of these metals and materials produced from 

25 them and therefore could qualify as strategic mateVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
289 

•HR 2647 RH

1 rials, critical to national security, in which case the 

2 Strategic Materials Protection Board should rec3 ommend a strategy to the President to ensure the do4 mestic availability of these materials; and 

5 (3) there is a need to identify the strategic value 

6 placed on rare earth materials by foreign nations (in7 cluding China), and the Department of Defense’s sup8 ply-chain vulnerability related to rare earths and end 

9 items containing rare earths. 

10 (b) REPORT REQUIRED.—Not later than April 1, 

11 2010, the Comptroller General shall submit to the Commit12 tees on Armed Services of the Senate and House of Rep13 resentatives a report on the usage of rare earth materials 

14 in the supply chain of the Department of Defense. 

15 (c) OBJECTIVES OF REPORT.—The objectives of the re16 port required by subsection (b) shall be to determine the 

17 availability of rare earth materials, including ores, semi18 finished rare earth products, components containing rare19 earth materials, and other uses of rare earths by the Depart20 ment of Defense in its weapon systems. The following items 

21 shall be considered: 

22 (1) An analysis of past procurements and at23 tempted procurements by foreign governments or 

24 government- controlled entities, including mines and 


tjames on PRODPC75 with BILLS
290 

•HR 2647 RH

1 mineral rights, of rare-earth resources outside such 

2 nation’s territorial boundaries. 

3 (2) An analysis of the worldwide availability of 

4 rare earths, such as samarium, neodymium, thorium 

5 and lanthanum, including current and potential do6 mestic sources for use in defense systems, including a 

7 projected analysis of projected availability of these 

8 materials in the export market. 

9 (3) A determination as to which defense systems 

10 are currently dependent on rare earths supplied by 

11 nondomestic sources, particularly neodymium iron 

12 boron magnets. 

13 (d) RARE EARTH DEFINED.—In this section, the term 

14 ‘‘rare earth’’ means the chemical elements, all metals, begin15 ning with lanthanum, atomic number 57, and including 

16 all of the natural chemical elements in the periodic table 

17 following lanthanum up to and including lutetium, element 

18 number 71. The term also includes the elements yttrium 

19 and scandium. 

20 SEC. 829. FURNITURE STANDARDS. 

21 All Department of Defense purchases of furniture in 

22 the United States and its territories made from Department 

23 of Defense funds, including under design-build contracts, 

24 must meet the same quality standards as specified by the 


tjames on PRODPC75 with BILLS
291 

•HR 2647 RH

1 General Services Administration schedule program and the 

2 Department of Defense. 

3 TITLE IX—DEPARTMENT OF DE4 FENSE ORGANIZATION AND 

5 MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Role of commander of special operations command regarding personnel 

management policy and plans affecting special operations forces. 

Sec. 902. Special operations activities. 

Sec. 903. Redesignation of the Department of the Navy as the Department of the 

Navy and Marine Corps. 

Sec. 904. Authority to allow private sector civilians to receive instruction at Defense Cyber Investigations Training Academy of the Defense 

Cyber Crime Center. 

Sec. 905. Organizational structure of the Office of the Assistant Secretary of Defense for Health Affairs and the TRICARE Management Activity. 

Sec. 906. Requirement for Director of Operational Energy Plans and Programs 

to report directly to Secretary of Defense. 

Sec. 907. Increased flexibility for Combatant Commander Initiative Fund. 

Sec. 908. 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. 909. Recommendations to Congress by members of Joint Chiefs of Staff. 

Subtitle B—Space Activities 

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

Sec. 912. Converting the space surveillance network pilot program to a permanent program. 

Subtitle C—Intelligence-Related Matters 

Sec. 921. Plan to address foreign ballistic missile intelligence analysis. 

Subtitle D—Other Matters 

Sec. 931. Joint Program Office for Cyber Operations Capabilities. 

Sec. 932. Defense Integrated Military Human Resources System Transition 

Council. 

Sec. 933. Department of Defense School of Nursing revisions. 

Sec. 934. Report on special operations command organization, manning, and 

management. 

Sec. 935. Study on the recruitment, retention, and career progression of uniformed and civilian military cyber operations personnel. 


tjames on PRODPC75 with BILLS
292 

•HR 2647 RH

1 Subtitle A—Department of Defense 

2 Management 

3 SEC. 901. ROLE OF COMMANDER OF SPECIAL OPERATIONS 

4 COMMAND REGARDING PERSONNEL MANAGE5 MENT POLICY AND PLANS AFFECTING SPE6 CIAL OPERATIONS FORCES. 

7 Section 167(e) of title 10, United States Code, is 

8 amended— 

9 (1) in paragraph (2), by striking subparagraph 

10 (J); and 

11 (2) inserting at the end the following new para12 graph: 

13 ‘‘(5)(A) The Secretaries of the military departments 

14 shall coordinate with the commander of the special oper15 ations command regarding personnel management policy 

16 and plans as such policy and plans relate to the following: 

17 ‘‘(i) Accessions, assignments, and command se18 lection for special operations forces. 

19 ‘‘(ii) Compensation, promotions, retention, pro20 fessional development, and training of members of 

21 special operations forces. 

22 ‘‘(iii) Readiness as it relates to manning guid23 ance and priority of fill for units of the special oper24 ations forces. 


tjames on PRODPC75 with BILLS
293 

•HR 2647 RH

1 ‘‘(B) The coordination required by subparagraph (A) 

2 shall be conducted in such a manner so as not to interfere 

3 with the authorities of the Secretary concerned regarding 

4 personnel management policy and plans.’’. 

5 SEC. 902. SPECIAL OPERATIONS ACTIVITIES. 

6 Section 167(j) of title 10, United States Code, is 

7 amended by striking paragraphs (1) through (10) and in8 serting the following new paragraphs: 

9 ‘‘(1) Special reconnaissance. 

10 ‘‘(2) Unconventional warfare. 

11 ‘‘(3) Foreign internal defense. 

12 ‘‘(4) Civil affairs operations. 

13 ‘‘(5) Counterterrorism. 

14 ‘‘(6) Psychological operations. 

15 ‘‘(7) Information operations. 

16 ‘‘(8) Counter proliferation of weapons of mass 

17 destruction. 

18 ‘‘(9) Security force assistance. 

19 ‘‘(10) Counterinsurgency operations. 

20 ‘‘(11) Such other activities as may be specified 

21 by the President or the Secretary of Defense.’’. 


tjames on PRODPC75 with BILLS
294 

•HR 2647 RH

1 SEC. 903. REDESIGNATION OF THE DEPARTMENT OF THE 

2 NAVY AS THE DEPARTMENT OF THE NAVY 

3 AND MARINE CORPS. 

4 (a) REDESIGNATION OF THE DEPARTMENT OF THE

5 NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE

6 CORPS.— 

7 (1) REDESIGNATION OF MILITARY DEPART8 MENT.—The military department designated as the 

9 Department of the Navy is redesignated as the De10 partment of the Navy and Marine Corps. 

11 (2) REDESIGNATION OF SECRETARY AND OTHER

12 STATUTORY OFFICES.— 

13 (A) SECRETARY.—The position of the Sec14 retary of the Navy is redesignated as the Sec15 retary of the Navy and Marine Corps. 

16 (B) OTHER STATUTORY OFFICES.—The po17 sitions of the Under Secretary of the Navy, the 

18 four Assistant Secretaries of the Navy, and the 

19 General Counsel of the Department of the Navy 

20 are redesignated as the Under Secretary of the 

21 Navy and Marine Corps, the Assistant Secre22 taries of the Navy and Marine Corps, and the 

23 General Counsel of the Department of the Navy 

24 and Marine Corps, respectively. 

25 (b) CONFORMING AMENDMENTS TO TITLE 10, UNITED

26 STATES CODE.— 


tjames on PRODPC75 with BILLS
295 

•HR 2647 RH

1 (1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 

2 Paragraph (8) of section 101(a) of title 10, United 

3 States Code, is amended to read as follows: 

4 ‘‘(8) The term ‘military department’ means the 

5 Department of the Army, the Department of the Navy 

6 and Marine Corps, and the Department of the Air 

7 Force.’’. 

8 (2) ORGANIZATION OF DEPARTMENT.—The text 

9 of section 5011 of such title is amended to read as fol10 lows: ‘‘The Department of the Navy and Marine 

11 Corps is separately organized under the Secretary of 

12 the Navy and Marine Corps.’’. 

13 (3) POSITION OF SECRETARY.—Section 

14 5013(a)(1) of such title is amended by striking ‘‘There 

15 is a Secretary of the Navy’’ and inserting ‘‘There is 

16 a Secretary of the Navy and Marine Corps’’. 

17 (4) CHAPTER HEADINGS.— 

18 (A) The heading of chapter 503 of such title 

19 is amended to read as follows: 

20 ‘‘CHAPTER 503—DEPARTMENT OF THE 

21 NAVY AND MARINE CORPS’’. 

22 (B) The heading of chapter 507 of such title 

23 is amended to read as follows: 


tjames on PRODPC75 with BILLS
296 

•HR 2647 RH

1 ‘‘CHAPTER 507—COMPOSITION OF THE DE2 PARTMENT OF THE NAVY AND MARINE 

3 CORPS’’. 

4 (5) OTHER AMENDMENTS.— 

5 (A) Title 10, United States Code, is amend6 ed by striking ‘‘Department of the Navy’’ and 

7 ‘‘Secretary of the Navy’’ each place they appear 

8 other than as specified in paragraphs (1), (2), 

9 (3), and (4) (including in section headings, sub10 section captions, tables of chapters, and tables of 

11 sections) and inserting ‘‘Department of the Navy 

12 and Marine Corps’’ and ‘‘Secretary of the Navy 

13 and Marine Corps’’, respectively, in each case 

14 with the matter inserted to be in the same type15 face and typestyle as the matter stricken. 

16 (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 

17 5017(2), 5032(a), and 5042(a) of such title are 

18 amended by striking ‘‘Assistant Secretaries of the 

19 Navy’’ and inserting ‘‘Assistant Secretaries of 

20 the Navy and Marine Corps’’. 

21 (ii) The heading of section 5016 of such 

22 title, and the item relating to such section in the 

23 table of sections at the beginning of chapter 503 

24 of such title, are each amended by inserting ‘‘and 

25 Marine Corps’’ after ‘‘of the Navy’’, with the 


tjames on PRODPC75 with BILLS
297 

•HR 2647 RH

1 matter inserted in each case to be in the same 

2 typeface and typestyle as the matter amended. 

3 (c) OTHER PROVISIONS OF LAW AND OTHER REF4 ERENCES.— 

5 (1) TITLE 37, UNITED STATES CODE.—Title 37, 

6 United States Code, is amended by striking ‘‘Depart7 ment of the Navy’’ and ‘‘Secretary of the Navy’’ each 

8 place they appear and inserting ‘‘Department of the 

9 Navy and Marine Corps’’ and ‘‘Secretary of the Navy 

10 and Marine Corps’’, respectively. 

11 (2) OTHER REFERENCES.—Any reference in any 

12 law other than in title 10 or title 37, United States 

13 Code, or in any regulation, document, record, or other 

14 paper of the United States, to the Department of the 

15 Navy shall be considered to be a reference to the De16 partment of the Navy and Marine Corps. Any such 

17 reference to an office specified in subsection (b)(2) 

18 shall be considered to be a reference to that officer as 

19 redesignated by that section. 

20 (d) EFFECTIVE DATE.—This section and the amend21 ments made by this section shall take effect on the first day 

22 of the first month beginning more than 60 days after the 

23 date of the enactment of this Act. 


tjames on PRODPC75 with BILLS
298 

•HR 2647 RH

1 SEC. 904. AUTHORITY TO ALLOW PRIVATE SECTOR CIVIL2 IANS TO RECEIVE INSTRUCTION AT DEFENSE 

3 CYBER INVESTIGATIONS TRAINING ACADEMY 

4 OF THE DEFENSE CYBER CRIME CENTER. 

5 (a) ADMISSION OF PRIVATE SECTOR CIVILIANS.— 

6 Chapter 108 of title 10, United States Code, is amended 

7 by inserting after section 2167 the following new section: 

8 ‘‘§ 2167a. Defense Cyber Investigations Training Acad9 emy: admission of private sector civilians 

10 to receive instruction 

11 ‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of 

12 Defense may permit eligible private sector employees to re13 ceive instruction at the Defense Cyber Investigations Train14 ing Academy operating under the direction of the Defense 

15 Cyber Crime Center. No more than the equivalent of 200 

16 full-time student positions may be filled at any one time 

17 by private sector employees enrolled under this section, on 

18 a yearly basis. Upon successful completion of the course of 

19 instruction in which enrolled, any such private sector em20 ployee may be awarded an appropriate certification or di21 ploma. 

22 ‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For 

23 purposes of this section, an eligible private sector employee 

24 is an individual employed by a private firm that is engaged 

25 in providing to the Department of Defense or other Govern26 ment departments or agencies significant and substantial 


tjames on PRODPC75 with BILLS
299 

•HR 2647 RH

1 defense-related systems, products, or services, or whose work 

2 product is relevant to national security policy or strategy. 

3 A private sector employee remains eligible for such instruc4 tion only so long as that person remains employed by an 

5 eligible private sector firm. 

6 ‘‘(c) PROGRAM REQUIREMENTS.—The Secretary of De7 fense shall ensure that— 

8 ‘‘(1) the curriculum in which private sector em9 ployees may be enrolled under this section is not read10 ily available through other schools; and 

11 ‘‘(2) the course offerings at the Defense Cyber In12 vestigations Training Academy continue to be deter13 mined solely by the needs of the Department of De14 fense. 

15 ‘‘(d) TUITION.—The Secretary of Defense shall charge 

16 private sector employees enrolled under this section tuition 

17 at a rate that is at least equal to the rate charged for em18 ployees of the United States. In determining tuition rates, 

19 the Secretary shall include overhead costs of the Defense 

20 Cyber Investigations Training Academy. 

21 ‘‘(e) STANDARDS OF CONDUCT.—While receiving in22 struction at the Defense Cyber Investigations Training 

23 Academy, students enrolled under this section, to the extent 

24 practicable, are subject to the same regulations governing 

25 academic performance, attendance, norms of behavior, and 


tjames on PRODPC75 with BILLS
300 

•HR 2647 RH

1 enrollment as apply to Government civilian employees re2 ceiving instruction at the Academy. 

3 ‘‘(f) USE OF FUNDS.—Amounts received by the Defense 

4 Cyber Investigations Training Academy for instruction of 

5 students enrolled under this section shall be retained by the 

6 Academy to defray the costs of such instruction. The source, 

7 and the disposition, of such funds shall be specifically iden8 tified in records of the Academy.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of such chapter is amended by inserting after 

11 the item relating to section 2167 the following new item: 

‘‘2167a. Defense Cyber Investigations Training Academy: admission of private 

sector civilians to receive instruction.’’. 

12 SEC. 905. ORGANIZATIONAL STRUCTURE OF THE OFFICE OF 

13 THE ASSISTANT SECRETARY OF DEFENSE 

14 FOR HEALTH AFFAIRS AND THE TRICARE 

15 MANAGEMENT ACTIVITY. 

16 (a) REPORT REQUIRED.—Not later than 180 days 

17 after the date of the enactment of this Act, the Secretary 

18 of Defense shall submit to the congressional defense commit19 tees a report on the organizational structure of the Office 

20 of the Assistant Secretary of Defense for Health Affairs and 

21 the TRICARE Management Activity. 

22 (b) ELEMENTS.—The report required under subsection 

23 (a) shall include the following: 


tjames on PRODPC75 with BILLS
301 

•HR 2647 RH

1 (1) ORGANIZATIONAL CHARTS.—Organizational 

2 charts for both the Office of the Assistant Secretary of 

3 Defense for Health Affairs and the TRICARE Man4 agement Activity showing, at a minimum, the senior 

5 positions in such office and such activity. 

6 (2) SENIOR POSITION DESCRIPTIONS.—A de7 scription of the policy-making functions and oversight 

8 responsibilities of each senior position in the Office of 

9 the Assistant Secretary of Defense for Health Affairs 

10 and the policy and program execution responsibilities 

11 of each senior position of the TRICARE Management 

12 Activity. 

13 (3) POSITIONS FILLED BY SAME INDIVIDUAL.—A 

14 description of which positions in both organizations 

15 are filled by the same individual. 

16 (4) ASSESSMENT.—An assessment of whether the 

17 senior personnel of the Office of the Assistant Sec18 retary of Defense for Health Affairs and the 

19 TRICARE Management Activity, as currently orga20 nized, are able to appropriately perform the discrete 

21 functions of policy formulation, policy and program 

22 execution, and program oversight. 

23 (c) DEFINITIONS.—In this section: 

24 (1) SENIOR POSITION.—The term ‘‘senior posi25 tion’’ means a position fill by a member of the senior 


tjames on PRODPC75 with BILLS
302 

•HR 2647 RH

1 executive service or a position on the Executive Sched2 ule established pursuant to title 5, United States 

3 Code. 

4 (2) SENIOR PERSONNEL.—The term ‘‘senior per5 sonnel’’ means personnel who are members of the sen6 ior executive service or who fill a position listed on 

7 the Executive Schedule established pursuant to title 5, 

8 United States Code. 

9 SEC. 906. REQUIREMENT FOR DIRECTOR OF OPERATIONAL 

10 ENERGY PLANS AND PROGRAMS TO REPORT 

11 DIRECTLY TO SECRETARY OF DEFENSE. 

12 Paragraph (2) of section 139b(c) of title 10, United 

13 States Code, is amended to read as follows: 

14 ‘‘(2) The Director shall report directly to the Sec15 retary of Defense.’’. 

16 SEC. 907. INCREASED FLEXIBILITY FOR COMBATANT COM17 MANDER INITIATIVE FUND. 

18 (a) INCREASE IN FUNDING LIMITATIONS.—Subpara19 graph (A) of section 166a(e)(1) of title 10, United States 

20 Code, is amended— 

21 (1) by striking ‘‘$10,000,000’’ and inserting 

22 ‘‘$20,000,000’’; and 

23 (2) by striking ‘‘$15,000’’ and inserting ‘‘the in24 vestment unit cost threshold in effect under section 

25 2245a of this title’’. 


tjames on PRODPC75 with BILLS
303 

•HR 2647 RH

1 (b) COORDINATION WITH SECRETARY OF STATE.— 

2 Paragraph (6) of section 166a(b) of such title is amended 

3 by inserting after ‘‘assistance,’’ the following: ‘‘in coordina4 tion with the Secretary of State,’’. 

5 SEC. 908. REPEAL OF REQUIREMENT FOR A DEPUTY UNDER 

6 SECRETARY OF DEFENSE FOR TECHNOLOGY 

7 SECURITY POLICY WITHIN THE OFFICE OF 

8 THE UNDER SECRETARY OF DEFENSE FOR 

9 POLICY. 

10 (a) REPEAL OF REQUIREMENT FOR POSITION.— 

11 (1) REPEAL.—Section 134b of title 10, United 

12 States Code, is repealed. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 4 of such title is 

15 amended by striking the item relating to section 134b. 

16 (b) PRIOR NOTIFICATION OF CHANGE IN REPORTING

17 RELATIONSHIP FOR THE DEFENSE TECHNOLOGY SECURITY

18 ADMINISTRATION.—The Secretary of Defense shall ensure 

19 that no covered action is taken until the expiration of 30 

20 legislative days after providing notification of such action 

21 to the Committees on Armed Services of the Senate and the 

22 House of Representatives. 

23 (c) COVERED ACTION DEFINED.—In this section, the 

24 term ‘‘covered action’’ means— 


tjames on PRODPC75 with BILLS
304 

•HR 2647 RH

1 (1) the transfer of the Defense Technology Secu2 rity Administration to an Under Secretary or other 

3 office of the Department of Defense other than the 

4 Under Secretary of Defense for Policy; 

5 (2) the consolidation of the Defense Technology 

6 Security Administration with another office, agency, 

7 or field activity of the Department of Defense; or 

8 (3) the addition of management layers between 

9 the Director of the Defense Technology Security Ad10 ministration and the Under Secretary of Defense for 

11 Policy. 

12 SEC. 909. RECOMMENDATIONS TO CONGRESS BY MEMBERS 

13 OF JOINT CHIEFS OF STAFF. 

14 Section 151(f) of title 10, United States Code, is 

15 amended— 

16 (1) by inserting ‘‘(1)’’ before ‘‘After first’’; and 

17 (2) by adding at the end the following new para18 graph: 

19 ‘‘(2) The members of the Joint Chiefs of Staff, individ20 ually or collectively, in their capacity as military advisers, 

21 shall provide advice to Congress on a particular matter 

22 when Congress requests such advice.’’. 


tjames on PRODPC75 with BILLS
305 

•HR 2647 RH

1 Subtitle B—Space Activities 

2 SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE 

3 AND TECHNOLOGY STRATEGY. 

4 (a) STRATEGY.— 

5 (1) REQUIREMENTS.—Paragraph (2) of section 

6 2272(a) of title 10, United States Code, is amended 

7 by adding at the end the following new subparagraph: 

8 ‘‘(D) The process for transitioning space science 

9 and technology programs to new or existing space ac10 quisition programs.’’. 

11 (2) SUBMISSION TO CONGRESS.—Paragraph (5) 

12 of such section is amended to read as follows: 

13 ‘‘(5) The Secretary of Defense shall annually submit 

14 the strategy developed under paragraph (1) to the congres15 sional defense committees on the date on which the Presi16 dent submits to Congress the budget for the next fiscal year 

17 under section 1105 of title 31, United States Code.’’. 

18 (b) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW

19 OF STRATEGY.— 

20 (1) REVIEW.—The Comptroller General shall re21 view and assess the first space science and technology 

22 strategy submitted under paragraph (5) of section 

23 2272(a) of title 10, United States Code, as amended 

24 by subsection (a)(2) of this section, and the effectiveVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00305 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
306 

•HR 2647 RH

1 ness of the coordination process required under sec2 tion 2272(b) of such title. 

3 (2) REPORT.—Not later than 90 days after the 

4 date on which the Secretary of Defense submits the 

5 first space science and technology strategy required to 

6 be submitted under paragraph (5) of section 2272(a) 

7 of title 10, United States Code, as amended by sub8 section (a)(2) of this section, the Comptroller General 

9 shall submit to the congressional defense committees a 

10 report containing the findings and assessment under 

11 paragraph (1). 

12 SEC. 912. CONVERTING THE SPACE SURVEILLANCE NET13 WORK PILOT PROGRAM TO A PERMANENT 

14 PROGRAM. 

15 Section 2274 of title 10, United States Code, is amend16 ed— 

17 (1) in the heading, by striking ‘‘PILOT’’; 

18 (2) in subsection (a)— 

19 (A) in the heading, by striking ‘‘PILOT’’; 

20 and 

21 (B) by striking ‘‘a pilot program to deter22 mine the feasibility and desirability of pro23 viding’’ and inserting ‘‘a program to provide’’; 


tjames on PRODPC75 with BILLS
307 

•HR 2647 RH

1 (3) in subsection (b) in the matter preceding 

2 paragraph (1), by striking ‘‘such a pilot program’’ 

3 and inserting ‘‘the program’’; 

4 (4) in subsection (c) in the matter preceding 

5 paragraph (1), by striking ‘‘pilot’’; 

6 (5) in subsection (d) in the matter preceding 

7 paragraph (1), by striking ‘‘pilot’’; 

8 (6) in subsection (h), by striking ‘‘pilot’’; and 

9 (7) by striking subsection (i). 

10 Subtitle C—Intelligence-Related 

11 Matters 

12 SEC. 921. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE 

13 INTELLIGENCE ANALYSIS. 

14 (a) ASSESSMENT AND PLAN.—The Secretary of De15 fense, in consultation with the Director of National Intel16 ligence, shall— 

17 (1) conduct an assessment of foreign ballistic 

18 missile intelligence gaps and shortfalls; and 

19 (2) develop a plan to ensure that the appropriate 

20 intelligence centers have sufficient analytical capabili21 ties to address such gaps and shortfalls. 

22 (b) REPORT.—Not later than February 28, 2010, the 

23 Secretary of Defense shall submit to the congressional de24 fense committees, the Permanent Select Committee on IntelVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00307 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
308 

•HR 2647 RH

1 ligence of the House of Representatives, and the Select Com2 mittee on Intelligence of the Senate a report containing— 

3 (1) the results of the assessment conducted under 

4 subsection (a)(1); 

5 (2) the plan developed under subsection (a)(2); 

6 and 

7 (3) a description of the resources required to im8 plement such plan. 

9 (c) FORM.—The report under subsection (b) shall be 

10 submitted in unclassified form, but may contain a classified 

11 annex. 

12 Subtitle D—Other Matters 

13 SEC. 931. JOINT PROGRAM OFFICE FOR CYBER OPER14 ATIONS CAPABILITIES. 

15 (a) ESTABLISHMENT.—Not later than 180 days after 

16 the date of the enactment of this Act, the Secretary of De17 fense shall establish a Joint Program Office for Cyber Oper18 ations Capabilities to assist the Under Secretary of Defense 

19 for Acquisition, Technology, and Logistics in improving the 

20 development of specific leap-ahead capabilities, including 

21 manpower development, tactics, and technologies, for the 

22 military departments, the Defense Agencies, and the com23 batant commands. 

24 (b) DIRECTOR.—The Joint Program Office for Cyber 

25 Operations Capabilities (in this section referred to as the 


tjames on PRODPC75 with BILLS
309 

•HR 2647 RH

1 ‘‘JPO–COC’’) shall be headed by a Director, who shall be 

2 appointed by the Secretary of Defense, in consultation with 

3 the Under Secretary of Defense for Acquisition, Technology, 

4 and Logistics, the Assistant Secretary of Defense for Net5 works and Information Integration, the Under Secretary of 

6 Defense for Intelligence, and the commander of United 

7 States Strategic Command. The Director shall be selected 

8 from among individuals with significant technical and 

9 management expertise in information technology system de10 velopment, and shall serve for three years. 

11 (c) SUPERVISION.—The Director shall report directly 

12 to the Under Secretary of Defense for Acquisition, Tech13 nology, and Logistics. The Assistant Secretary of Defense 

14 for Networks and Information Integration may provide pol15 icy guidance to the Director on issues within the Director’s 

16 areas of responsibilities. 

17 (d) RESPONSIBILITIES.—The JPO-COC shall be re18 sponsible for the following: 

19 (1) Coordinating cyber operations capabilities, 

20 both offensive and defensive, between the military de21 partments, Defense Agencies, and combatant com22 mands in order to identify and prioritize joint capa23 bility gaps. 

24 (2) Developing advanced, leap-ahead capabilities 

25 to address joint capability gaps. 


tjames on PRODPC75 with BILLS
310 

•HR 2647 RH

1 (3) Establishing a nation level, joint, inter2 agency cyber exercise, similar to the exercise known 

3 as Eligible Receiver, that would occur at least bienni4 ally, and, to the extent possible, that would include 

5 participants from industry, critical infrastructure 

6 sector providers, international militaries, and non7 governmental organizations. 

8 (4) Such other responsibilities as the Under Sec9 retary determines are appropriate. 

10 (e) ANNUAL REPORT.—By March 1 of each year, be11 ginning March 1, 2010, the Secretary of Defense shall sub12 mit to the congressional defense committees a report on all 

13 of the activities of the JPO-COC during the preceding year. 

14 SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RE15 SOURCES SYSTEM TRANSITION COUNCIL. 

16 (a) IN GENERAL.—The Secretary of Defense shall es17 tablish a Defense Integrated Military Human Resources 

18 System Transition Council (in this section referred to as 

19 the ‘‘Council’’) to provide advice to the Secretary of Defense 

20 and the Secretaries of the military departments on imple21 menting the defense integrated military human resources 

22 system (in this section referred to as the ‘‘DIMHRS’’) 

23 throughout the Department of Defense, including within 

24 each military department. 


tjames on PRODPC75 with BILLS
311 

•HR 2647 RH

1 (b) COMPOSITION.—The Council shall include the fol2 lowing members: 

3 (1) The Chief Management Officer of the Depart4 ment of Defense. 

5 (2) The Director of the Business Transformation 

6 Agency. 

7 (3) One representative from each of the Army, 

8 Navy, Air Force, and Marine Corps who is a lieuten9 ant general or vice admiral. 

10 (4) One civilian employee of the National Guard 

11 Bureau who occupies a position of responsibility and 

12 receives compensation comparable to a lieutenant gen13 eral or vice admiral. 

14 (5) Such other individuals as may be designated 

15 by the Secretary of Defense. 

16 (c) MEETINGS.—The Council shall meet not less than 

17 once a quarter, or more often as specified by the Secretary 

18 of Defense. 

19 (d) DUTIES.—The Council shall have the following re20 sponsibilities: 

21 (1) Resolution of significant policy, pro22 grammatic, or budgetary issues impeding transition 

23 of DIMHRS to the military departments. 

24 (2) Coordination of implementation of DIMHRS 

25 within each military department to ensure interoperVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00311 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
312 

•HR 2647 RH

1 ability between and among the Department of Defense 

2 as a whole and each military department. 

3 (3) Such other responsibilities as the Secretary of 

4 Defense determines are appropriate. 

5 (e) ANNUAL REPORT.— 

6 (1) IN GENERAL.—By March 1 of each year, be7 ginning March 1, 2010, and ending March 1, 2014, 

8 the Council shall submit to the congressional defense 

9 committees an annual report on the progress of 

10 DIMHRS transition. 

11 (2) The report shall include descriptions of the 

12 following: 

13 (A) The status of implementation of 

14 DIMHRS among the military departments. 

15 (B) A description of the testing and evalua16 tion activities of DIMHRS as implemented 

17 throughout the Department of Defense, as well as 

18 any such activities developed by the military de19 partments to extend DIMHRS to the depart20 ments. 

21 (C) Plans for the decommissioning of 

22 human resources systems within the Department 

23 of Defense and military department that are 

24 being replaced by DIMHRS, including— 

25 (i) systems to be phased out; and 


tjames on PRODPC75 with BILLS
313 

•HR 2647 RH

1 (ii) plans for the remaining legacy sys2 tems to be phased out. 

3 (D) Funding and resources from the mili4 tary departments devoted to the development of 

5 department-specific plans to augment and extend 

6 the DIMHRS within each department. 

7 SEC. 933. DEPARTMENT OF DEFENSE SCHOOL OF NURSING 

8 REVISIONS. 

9 (a) SCHOOL OF NURSING.— 

10 (1) IN GENERAL.—Chapter 108 of title 10, 

11 United States Code, is amended by adding at the end 

12 the following new section: 

13 ‘‘§ 2169. School of Nursing 

14 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall 

15 establish within the Department of Defense a School of 

16 Nursing, not later than July 1, 2011. It shall be so orga17 nized as to graduate not less than 25 students with a bach18 elor of science in nursing in the first class not later than 

19 June 30, 2013, not less than 50 in the second class, and 

20 not less than 100 annually thereafter. 

21 ‘‘(b) MINIMUM REQUIREMENT.—The School of Nursing 

22 shall include, at a minimum, a program that awards a 

23 bachelor of science in nursing. 

24 ‘‘(c) PHASED DEVELOPMENT.—The development of the 

25 School of Nursing may be by such phases as the Secretary 


tjames on PRODPC75 with BILLS
314 

•HR 2647 RH

1 may prescribe, subject to the requirements of subsection 

2 (a).’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of such chapter is amended by 

5 adding at the end the following new item: 

‘‘2169. School of Nursing.’’. 

6 (b) CONFORMING AMENDMENTS.—Section 2117 of title 

7 10, United States Code, and the item relating to such sec8 tion in the table of chapters at the beginning of chapter 

9 104 of such title, are repealed. 

10 SEC. 934. REPORT ON SPECIAL OPERATIONS COMMAND OR11 GANIZATION, MANNING, AND MANAGEMENT. 

12 (a) REPORT REQUIRED.—The commander of the spe13 cial operations command shall prepare a report, in accord14 ance with this section, on the organization, manning, and 

15 management of the command. 

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

17 shall include the following: 

18 (1) A comparison of current and projected fiscal 

19 year 2010 military and civilian end strength levels at 

20 special operations command headquarters with fiscal 

21 year 2000 levels, both actual and authorized. 

22 (2) A comparison of fiscal year 2000 through 

23 2010 special operations command headquarters end 

24 strength growth with the growth of each special operVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
315 

•HR 2647 RH

1 ations forces component command headquarters over 

2 the same time period, both actual and authorized. 

3 (3) A summary and assessment that identifies 

4 the resourcing, in terms of manning, training, equip5 ping, and funding, that special operations command 

6 provides to each of the theater special operations com7 mands under the geographical combatant commands 

8 and a summary of personnel specialties assigned to 

9 each such command. 

10 (4) Options and recommendations for reducing 

11 staffing levels at special operations command head12 quarters by 5 and 10 percent, respectively, and an as13 sessment of the opportunity costs and management 

14 risks associated with each option. 

15 (5) Recommendations for increasing manning 

16 levels, if appropriate, at each component command, 

17 and especially at Army special operations command. 

18 (6) A plan to sustain the cultural engagement 

19 group of special operations command central. 

20 (7) An assessment of the resourcing requirements 

21 to establish capability similar to the cultural engage22 ment group capability at the other theater special op23 erations command locations. 

24 (8) A review and assessment for improving the 

25 relationship between special operations command and 


tjames on PRODPC75 with BILLS
316 

•HR 2647 RH

1 each of the theater special operations commands 

2 under the geographical combatant commands and the 

3 establishment of a more direct administrative and 

4 collaborative link between them. 

5 (9) A review and assessment of existing Depart6 ment of Defense executive agent support to special op7 erations command and its subordinate components, as 

8 well as commentary about proposals to use the same 

9 executive agent throughout the special operations com10 munity. 

11 (10) An updated assessment on the specific pro12 posal to provide executive agent support from the De13 fense Logistics Agency for special operations com14 mand. 

15 (11) A recommendation and plan for including 

16 international development and conflict prevention 

17 representatives as participants in the Center for Spe18 cial Operations Interagency Task Force process. 

19 (c) REPORT.—The report required by subsection (a) 

20 shall be submitted not later than March 15, 2010, to the 

21 congressional defense committees. 


tjames on PRODPC75 with BILLS
317 

•HR 2647 RH

1 SEC. 935. STUDY ON THE RECRUITMENT, RETENTION, AND 

2 CAREER PROGRESSION OF UNIFORMED AND 

3 CIVILIAN MILITARY CYBER OPERATIONS PER4 SONNEL. 

5 (a) REPORT.—Not later than one year after the date 

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

7 submit to the congressional defense committees a report as8 sessing the challenges to retention and professional develop9 ment of cyber operations personnel within the Department 

10 of Defense. 

11 (b) MATTERS TO BE ADDRESSED.—The assessment by 

12 the Secretary of Defense shall address the following matters: 

13 (1) The sufficiency of the numbers and types of 

14 personnel available for cyber operations, including an 

15 assessment of the balance between military and civil16 ian positions. 

17 (2) The definition and coherence of career fields 

18 for both members of the Armed Forces and civilian 

19 employees of the Department of Defense. 

20 (3) The types of recruitment and retention incen21 tives available to members of the Armed Forces and 

22 civilian employees of the Department of Defense. 

23 (4) Identification of legal, policy, or administra24 tive impediments to attracting and retaining cyber 

25 operations personnel. 


tjames on PRODPC75 with BILLS
318 

•HR 2647 RH

1 (5) The standards used by the Department of De2 fense to measure effectiveness at recruiting, retaining, 

3 and ensuring an adequate career progression for cyber 

4 operations personnel. 

5 (6) The effectiveness of educational and outreach 

6 activities used to attract, retain, and reward cyber 

7 operations personnel, including how to expand out8 reach to academic institutions and improve coordina9 tion with other civilian agencies and industrial part10 ners. 

11 (7) The management of educational and outreach 

12 activities used to attract, retain, and reward cyber 

13 operations personnel, such as the National Centers of 

14 Academic Excellence in Information Assurance Edu15 cation. 

16 (c) CYBER OPERATIONS PERSONNEL DEFINED.—In 

17 this section, the term ‘‘cyber operations personnel’’ refers 

18 to members of the Armed Forces and civilian employees of 

19 the Department of Defense involved with the operations and 

20 maintenance of a computer network connected to the global 

21 information grid, as well as offensive, defensive, and exploi22 tation functions of such a network. 

23 TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Incorporation of funding decisions into law. 


tjames on PRODPC75 with BILLS
319 

•HR 2647 RH

Subtitle B—Counter-Drug and Counter-Terrorism Activities 

Sec. 1011. One-year extension of Department of Defense counter-drug authorities 

and requirements. 

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

counter-terrorism activities. 

Sec. 1013. Border coordination centers in Afghanistan and Pakistan. 

Sec. 1014. Comptroller General report on effectiveness of accountability measures 

for assistance from counter-narcotics central transfer account. 

Subtitle C—Miscellaneous Authorities and Limitations 

Sec. 1021. Operational procedures for experimental military prototypes. 

Sec. 1022. Temporary reduction in minimum number of operational aircraft carriers. 

Sec. 1023. Limitation on use of funds for the transfer or release of individuals 

detained at United States Naval Station, Guantanamo Bay, 

Cuba. 

Sec. 1024. Charter for the National Reconnaissance Office. 

Subtitle D—Studies and Reports 

Sec. 1031. Report on statutory compliance of the report on the 2009 quadrennial 

defense review. 

Sec. 1032. Report on the force structure findings of the 2009 quadrennial defense 

review. 

Sec. 1033. Sense of Congress and amendment relating to quadrennial defense review. 

Sec. 1034. Strategic review of basing plans for United States European Command. 

Sec. 1035. National Defense Panel. 

Sec. 1036. Report required on notification of detainees of rights under Miranda 

v. Arizona. 

Sec. 1037. Annual report on the electronic warfare strategy of the Department of 

Defense. 

Sec. 1038. Studies to analyze alternative models for acquisition and funding of 

technologies supporting network-centric operations. 

Subtitle E—Other Matters 

Sec. 1041. Prohibition relating to propaganda. 

Sec. 1042. Extension of certain authority for making rewards for combating terrorism. 

Sec. 1043. Technical and clerical amendments. 

Sec. 1044. Repeal of pilot program on commercial fee-for-service air refueling 

support for the Air Force. 

Sec. 1045. Extension of sunset for congressional commission on the strategic posture of the United States. 

Sec. 1046. Authorization of appropriations for payments to Portuguese nationals 

employed by the Department of Defense. 

Sec. 1047. Combat air forces restructuring. 

Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher. 

Sec. 1049. Sense of Congress concerning the disposition of Submarine NR-1. 

Sec. 1050. Compliance with requirement for plan on the disposition of detainees 

at Naval Station, Guantanamo Bay, Cuba. 

Sec. 1051. Sense of Congress regarding carrier air wing force structure. 


tjames on PRODPC75 with BILLS
320 

•HR 2647 RH

Sec. 1052. Sense of Congress on Department of Defense financial improvement 

and audit readiness; plan. 

Sec. 1053. Justice for victims of torture and terrorism. 

Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for the Review of Counterproliferation Programs of the United States. 

1 Subtitle A—Financial Matters 

2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

4 (1) AUTHORITY.—Upon determination by the 

5 Secretary of Defense that such action is necessary in 

6 the national interest, the Secretary may transfer 

7 amounts of authorizations made available to the De8 partment of Defense in this division for fiscal year 

9 2010 between any such authorizations for that fiscal 

10 year (or any subdivisions thereof). Amounts of au11 thorizations so transferred shall be merged with and 

12 be available for the same purposes as the authoriza13 tion to which transferred. 

14 (2) LIMITATIONS.—Except as provided in para15 graphs (3) and (4), the total amount of authorizations 

16 that the Secretary may transfer under the authority 

17 of this section may not exceed $5,000,000,000. 

18 (3) EXCEPTION FOR TRANSFERS BETWEEN MILI19 TARY PERSONNEL AUTHORIZATIONS.—A transfer of 

20 funds between military personnel authorizations 

21 under title IV shall not be counted toward the dollar 

22 limitation in paragraph (2). 


tjames on PRODPC75 with BILLS
321 

•HR 2647 RH

1 (4) EXCEPTION FOR TRANSFERS FOR HEALTH IN2 FORMATION MANAGEMENT AND INFORMATION TECH3 NOLOGY SYSTEMS.—A transfer of funds from the Of4 fice of the Secretary of Defense for the support of the 

5 Department of Defense Health Information Manage6 ment and Information Technology systems shall not 

7 be counted toward the dollar limitation in paragraph 

8 (2). 

9 (b) LIMITATIONS.—The authority provided by this sec10 tion to transfer authorizations— 

11 (1) may only be used to provide authority for 

12 items that have a higher priority than the items from 

13 which authority is transferred; and 

14 (2) may not be used to provide authority for an 

15 item that has been denied authorization by Congress. 

16 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans17 fer made from one account to another under the authority 

18 of this section shall be deemed to increase the amount au19 thorized for the account to which the amount is transferred 

20 by an amount equal to the amount transferred. 

21 (d) NOTICE TO CONGRESS.—The Secretary shall 

22 promptly notify Congress of each transfer made under sub23 section (a). 


tjames on PRODPC75 with BILLS
322 

•HR 2647 RH

1 SEC. 1002. INCORPORATION OF FUNDING DECISIONS INTO 

2 LAW. 

3 (a) AMOUNTS SPECIFIED IN COMMITTEE REPORT ARE

4 AUTHORIZED BY LAW.—Wherever a funding table in the 

5 report of the Committee on Armed Services of the House 

6 of Representatives to accompany the bill H.R. 2647 of the 

7 111th Congress specifies a dollar amount for a project, pro8 gram, or activity, the obligation and expenditure of the 

9 specified dollar amount for the indicated project, program, 

10 or activity is hereby authorized by law to be carried out 

11 to the same extent as if included in the text of this Act, 

12 subject to the availability of appropriations. 

13 (b) MERIT-BASED DECISIONS.—Decisions by agency 

14 heads to commit, obligate, or expend funds with or to a 

15 specific entity on the basis of dollar amount authorized pur16 suant to subsection (a) shall be based on authorized, trans17 parent, statutory criteria, or merit-based selection proce18 dures in accordance with the requirements of sections 

19 2304(k) and 2374 of title 10, United States Code, and other 

20 applicable provisions of law. 

21 (c) RELATIONSHIP TO TRANSFER AND REPROGRAM22 MING AUTHORITY.—This section does not prevent an 

23 amount covered by this section from being transferred or 

24 reprogrammed under a transfer or reprogramming author25 ity provided by another provision of this Act or by other 

26 law. The transfer or reprogramming of an amount incorVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
323 

•HR 2647 RH

1 porated into the Act by this section shall not count against 

2 a ceiling on such transfers or reprogrammings under section 

3 1001 of this Act or any other provision of law, unless such 

4 transfer or reprogramming would move funds between ap5 propriation accounts. 

6 (d) APPLICABILITY TO CLASSIFIED ANNEX.—This sec7 tion applies to any classified annex to the report referred 

8 to in subsection (a). 

9 (e) ORAL AND WRITTEN COMMUNICATION.—No oral or 

10 written communication concerning any amount specified in 

11 the report referred to in subsection (a) shall supersede the 

12 requirements of this section. 

13 Subtitle B—Counter-Drug and 

14 Counter-Terrorism Activities 

15 SEC. 1011. ONE-YEAR EXTENSION OF DEPARTMENT OF DE16 FENSE COUNTER-DRUG AUTHORITIES AND 

17 REQUIREMENTS. 

18 (a) REPORTING REQUIREMENT ON EXPENDITURES TO

19 SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.—Section 

20 1022(a) of the Floyd D. Spence National Defense Authoriza21 tion Act for Fiscal Year 2001 (as enacted into law by Public 

22 Law 106–398; 114 Stat. 1654A–255), as most recently 

23 amended by section 1021 of the Duncan Hunter National 

24 Defense Authorization Act for Fiscal Year 2009 (Public 

25 Law 110–417; 122 Stat. 4586), is further amended by strikVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
324 

•HR 2647 RH

1 ing ‘‘April 15, 2006’’ and all that follows through ‘‘Feb2 ruary 15, 2009’’ and inserting ‘‘February 15, 2010’’. 

3 (b) UNIFIED COUNTER-DRUG AND

4 COUNTERTERRORISM CAMPAIGN IN COLOMBIA.—Section 

5 1021 of the Ronald W. Reagan National Defense Authoriza6 tion Act for Fiscal Year 2005 (Public Law 108–375; 118 

7 Stat. 2042), as most recently amended by section 1023 of 

8 the Duncan Hunter National Defense Authorization Act for 

9 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 

10 is further amended— 

11 (1) in subsection (a), by striking ‘‘2009’’ and in12 serting ‘‘2010’’; and 

13 (2) in subsection (c), by striking ‘‘2009’’ and in14 serting ‘‘2010’’. 

15 (c) SUPPORT FOR COUNTER-DRUG ACTIVITIES OF

16 CERTAIN FOREIGN GOVERNMENTS.—Section 1033(a)(2) of 

17 the National Defense Authorization Act for Fiscal Year 

18 1998 (Public Law 105–85; 111 Stat. 1881), as most recently 

19 amended by section 1024(a) of the Duncan Hunter National 

20 Defense Authorization Act for Fiscal Year 2009 (Public 

21 Law 110–417; 122 Stat. 4587), is further amended by strik22 ing ‘‘2009’’ and inserting ‘‘2010’’. 


tjames on PRODPC75 with BILLS
325 

•HR 2647 RH

1 SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW EN2 FORCEMENT AGENCIES CONDUCTING 

3 COUNTER-TERRORISM ACTIVITIES. 

4 Section 1022(b) of the National Defense Authorization 

5 Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 

6 371 note), as most recently amended by section 1022 of the 

7 Duncan Hunter National Defense Authorization Act for 

8 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 

9 is further amended by striking ‘‘2009’’ and inserting 

10 ‘‘2010’’. 

11 SEC. 1013. BORDER COORDINATION CENTERS IN AFGHANI12 STAN AND PAKISTAN. 

13 (a) PROHIBITION ON USE OF COUNTER-NARCOTIC AS14 SISTANCE FOR BORDER COORDINATION CENTERS.— 

15 (1) PROHIBITION.—Amounts available for drug 

16 interdiction and counter-drug activities of the De17 partment of Defense may not be expended for the con18 struction, expansion, repair, or operation and main19 tenance of any existing or proposed border coordina20 tion center. 

21 (2) RULE OF CONSTRUCTION.—Paragraph (1) 

22 does not prohibit or limit the use of other funds avail23 able to the Department of Defense to construct, ex24 pand, repair, or operate and maintain border coordi25 nation centers. 


tjames on PRODPC75 with BILLS
326 

•HR 2647 RH

1 (b) LIMITATION ON ESTABLISHMENT OF ADDITIONAL

2 CENTERS.—The Secretary of Defense may not authorize the 

3 establishment, or any construction in connection with the 

4 establishment, of a third border coordination center in the 

5 area of operations of Regional Command–East in the Is6 lamic Republic of Afghanistan until a border coordination 

7 center has been constructed, or is under construction, in ei8 ther— 

9 (1) the area of operations of Regional Com10 mand–South in the Islamic Republic of Afghanistan; 

11 or 

12 (2) Baluchistan in the Islamic Republic of Paki13 stan. 

14 (c) BORDER COORDINATION CENTER DEFINED.—In 

15 this section, the term ‘‘border coordination center’’ means 

16 multilateral military coordination and intelligence center 

17 that is located, or intended to be located, near the border 

18 between the Islamic Republic of Afghanistan and the Is19 lamic Republic of Pakistan. 

20 SEC. 1014. COMPTROLLER GENERAL REPORT ON EFFEC21 TIVENESS OF ACCOUNTABILITY MEASURES 

22 FOR ASSISTANCE FROM COUNTER-NAR23 COTICS CENTRAL TRANSFER ACCOUNT. 

24 (a) REPORT REQUIRED.—Not later than 180 days 

25 after the date of the enactment of this Act, the Comptroller 


tjames on PRODPC75 with BILLS
327 

•HR 2647 RH

1 General shall submit to the congressional defense committees 

2 a report on the performance evaluation system used by the 

3 Secretary of Defense to assess the effectiveness of assistance 

4 provided for foreign nations to achieve the counter-narcotics 

5 objectives of the Department of Defense. The report shall be 

6 unclassified, but may contain a classified annex. 

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

8 shall contain the following: 

9 (1) A description of the performance evaluation 

10 system of the Department of Defense used to deter11 mine the efficiency and effectiveness of counter-nar12 cotics assistance provided by the Department of De13 fense to foreign nations. 

14 (2) An assessment of the ability of the perform15 ance evaluation system to accurately measure the effi16 ciency and effectiveness of such counter-narcotics as17 sistance. 

18 (3) Detailed recommendations on how to improve 

19 the capacity of the performance evaluation system for 

20 the counter-narcotics central transfer account. 


tjames on PRODPC75 with BILLS
328 

•HR 2647 RH

1 Subtitle C—Miscellaneous 

2 Authorities and Limitations 

3 SEC. 1021. OPERATIONAL PROCEDURES FOR EXPERI4 MENTAL MILITARY PROTOTYPES. 

5 (a) IN GENERAL.—For the purposes of conducting test 

6 and evaluation of experimental military prototypes, includ7 ing major systems, as defined in section 2302 of title 10, 

8 United States Code, that have been substantially modified 

9 for testing with the goal of developing new technology for 

10 increasing the capability, capacity, efficiency, or reliability 

11 of such systems, and for stimulating innovation in research 

12 and development to improve equipment or system capa13 bility, the senior military officer of each military service, 

14 in consultation with the senior acquisition executive of each 

15 military department, shall develop and prescribe guidance 

16 to enable an expedited process for the documentation and 

17 approval of deviations from standardized operating instruc18 tions and procedures for systems and equipment that have 

19 been substantially modified for the purpose of research, de20 velopment, or testing. The guidance shall— 

21 (1) provide for appropriate consideration of the 

22 safety of personnel conducting such tests and evalua23 tions; 

24 (2) ensure that, prior to the approval of any 

25 such deviation, sufficient engineering and risk manVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00328 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
329 

•HR 2647 RH

1 agement analysis has been completed by a competent 

2 technical authority to provide a reasonable basis for 

3 determining that the proposed deviation will not re4 sult in an unreasonable risk of liability to the United 

5 States; 

6 (3) provide full and fair opportunity for all con7 tractors, including non-traditional defense contrac8 tors, who have developed or proposed promising tech9 nologies, to test and evaluate experimental military 

10 prototypes in a manner that— 

11 (A) allows both the contractor and the mili12 tary service to assess the full potential of the 

13 technology prior to the establishment of a formal 

14 acquisition program; and 

15 (B) does not unduly restrict the operating 

16 envelope, environment, or conditions approved 

17 for use during test and evaluation on the basis 

18 of existing operating instructions and procedures 

19 developed for sustained operations of proven 

20 military hardware, but does ensure that devi21 ations from existing operating instructions and 

22 procedures have been subjected to appropriate 

23 technical review consistent with any modifica24 tions made to the system or equipment; and 


tjames on PRODPC75 with BILLS
330 

•HR 2647 RH

1 (4) ensure that documentation and approval of 

2 such deviations— 

3 (A) can be accomplished in a transparent, 

4 cost-effective, and expeditious manner, generally 

5 within the period of performance of the contract 

6 for the development of the experimental military 

7 prototype; 

8 (B) address the use of a major system as an 

9 experimental military prototype by a contractor, 

10 and the conduct of test and evaluation of such 

11 system by the contractor; and 

12 (C) identify the scope of test and evaluation 

13 to be conducted under such deviation, the respon14 sibilities of the parties conducting the test and 

15 evaluation, including the assumption of liability, 

16 and the responsibility for disposal of the experi17 mental military prototype or, as appropriate, 

18 the return of a major system to its original con19 dition. 

20 (b) REPORT.—Not later than 12 months after the date 

21 of the enactment of this Act, the Secretary of each military 

22 department shall submit to the congressional defense com23 mittees a report documenting the guidance developed in ac24 cordance with subsection (a) and describing how such guidVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00330 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
331 

•HR 2647 RH

1 ance fulfills the objectives under paragraphs (1) through (4) 

2 of such subsection. 

3 (c) ONE TIME AUTHORITY TO CONVEY.— 

4 (1) IN GENERAL.—In advance of the development 

5 of a process required by subsection (a), the Secretary 

6 of the Navy is authorized to convey, without consider7 ation, to Piasecki Aircraft Corporation of Essington, 

8 Pennsylvania (in this section referred to as ‘‘trans9 feree’’), all right, title, and interest of the United 

10 States, except as otherwise provided in this sub11 section, in and to Navy aircraft N40VT (Bureau 

12 Number 163283), also known as the X-49A aircraft, 

13 and associated components and test equipment, pre14 viously specified as Government furnished equipment 

15 in contract N00019-00-C-0284. The conveyance shall 

16 be made by means of a deed of gift 

17 (2) CONDITIONS.—The conveyance under para18 graph (1) may only be made under the following con19 ditions: 

20 (A) The aircraft shall be conveyed in its 

21 current, ‘‘as is’’ condition. 

22 (B) The Secretary is not required to repair 

23 or alter the condition of the aircraft before con24 veying ownership of the aircraft. 


tjames on PRODPC75 with BILLS
332 

•HR 2647 RH

1 (C) The conveyance shall be made at no cost 

2 to the United States. Any costs associated with 

3 the conveyance shall be borne by the transferee. 

4 (D) The Secretary may require such addi5 tional terms and conditions in connection with 

6 a conveyance under this section as the Secretary 

7 considers appropriate to protect the interests of 

8 the United States, except that such terms and 

9 conditions shall include, at a minimum— 

10 (i) a provision stipulating that the 

11 conveyance of the X-49A aircraft is for the 

12 sole purpose of further development, test, 

13 and evaluation of vectored thrust ducted 

14 propeller (VTDP) technology and that all 

15 items referenced in paragraph (1) will 

16 transfer back to the United States Navy, at 

17 no cost to the United States, in the event 

18 that the X-49A aircraft is utilized for any 

19 other purpose; and 

20 (ii) a provision providing the Govern21 ment the right to procure the vectored thrust 

22 ducted propeller (VTDP) technology dem23 onstrated under this program at a dis24 counted cost based on the value of the X-49A 

25 aircraft and associated equipment at the 


tjames on PRODPC75 with BILLS
333 

•HR 2647 RH

1 time of transfer, with such valuation and 

2 terms determined by the Secretary. 

3 (E) Upon such conveyance, the United 

4 States shall not be liable for any death, injury, 

5 loss, or damage that results from the use of that 

6 aircraft by any person other than the United 

7 States. 

8 SEC. 1022. TEMPORARY REDUCTION IN MINIMUM NUMBER 

9 OF OPERATIONAL AIRCRAFT CARRIERS. 

10 (a) TEMPORARY WAIVER.—Notwithstanding section 

11 5062(b) of title 10, United States Code, during the period 

12 beginning on the date of the inactivation of the U.S.S. En13 terprise (CVN-65) scheduled, as of the date of the enactment 

14 of this Act, for fiscal year 2013 and ending on the date 

15 of the commissioning into active service of the U.S.S. Ger16 ald R. Ford (CVN-78), the number of operational aircraft 

17 carriers in the naval combat forces of the Navy may be 10. 

18 (b) EVALUATION AND REPORT.— 

19 (1) EVALUATION.—During the fiscal year 2012, 

20 the Chairman of the Joint Chiefs of Staff, in coordi21 nation with the commanders of the combatant com22 mands, shall evaluate the required postures and capa23 bilities of each of the combatant commands to assess 

24 the level of increased risk that could result due to a 

25 temporary reduction in the total number of operVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00333 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
334 

•HR 2647 RH

1 ational aircraft carriers following the inactivation of 

2 the U.S.S. Enterprise (CVN-65). 

3 (2) REPORT TO CONGRESS.—Together with the 

4 budget materials submitted to Congress by the Sec5 retary of Defense in support of the President’s budget 

6 for fiscal year 2013, the Secretary of Defense shall 

7 submit to the congressional defense committees a re8 port containing the findings of the evaluation con9 ducted pursuant to paragraph (1), and the basis for 

10 each such finding. 

11 SEC. 1023. LIMITATION ON USE OF FUNDS FOR THE TRANS12 FER OR RELEASE OF INDIVIDUALS DETAINED 

13 AT UNITED STATES NAVAL STATION, GUANTA14 NAMO BAY, CUBA. 

15 (a) IN GENERAL.—The Secretary of Defense may not 

16 use any of the amounts authorized to be appropriated in 

17 this Act or otherwise available to the Department of Defense 

18 for fiscal year 2010 or any subsequent fiscal year to release 

19 or transfer any individual described in subsection (d) to 

20 the United States, its territories, or possessions, until 120 

21 days after the President has submitted to the congressional 

22 defense committees the plan described in subsection (b). 

23 (b) PLAN REQUIRED.—The President shall submit to 

24 the congressional defense committees a plan on the disposiVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
335 

•HR 2647 RH

1 tion of each individual described in subsection (d). Such 

2 plan shall include— 

3 (1) an assessment of the risk that the individual 

4 described in subsection (d) poses to the national secu5 rity of the United States, its territories, or posses6 sions; 

7 (2) a proposal for the disposition of each such 

8 individual; 

9 (3) a plan to mitigate any risks described in 

10 paragraph (1) should the proposed disposition re11 quired by paragraph (2) include the release or trans12 fer to the United States, its territories, or possessions 

13 of any such individual; and 

14 (4) a summary of the consultation required in 

15 subsection (c). 

16 (c) CONSULTATION REQUIRED.—The President shall 

17 consult with the chief executive of the State, the District 

18 of Columbia, or the territory or possession of the United 

19 States to which the disposition in subsection (b) includes 

20 a release or transfer to that State, District of Columbia, 

21 or territory or possession. 

22 (d) DETAINEES DESCRIBED.—An individual described 

23 in this subsection is any individual who is located at 

24 United States Naval Station, Guantanamo Bay, Cuba, as 

25 of the date of the enactment of this Act, who— 


tjames on PRODPC75 with BILLS
336 

•HR 2647 RH

1 (1) is not a citizen of the United States; and 

2 (2) is— 

3 (A) in the custody or under the effective 

4 control of the Department of Defense, or 

5 (B) otherwise under detention at the United 

6 States Naval Station, Guantanamo Bay, Cuba. 

7 SEC. 1024. CHARTER FOR THE NATIONAL RECONNAISSANCE 

8 OFFICE. 

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

10 of this Act, the Director of National Intelligence and the 

11 Secretary of Defense shall jointly submit to the congres12 sional intelligence and defense committees a revised charter 

13 for the National Reconnaissance Office (hereinafter in this 

14 section referred to as the ‘‘NRO’’). The charter shall include 

15 the following: 

16 (1) The organizational and governance structure 

17 of the NRO. 

18 (2) The provision of NRO participation in the 

19 development and generation of requirements and ac20 quisition. 

21 (3) The scope of the capabilities of the NRO. 

22 (4) The roles and responsibilities of the NRO 

23 and the relationship of the NRO to other organiza24 tions and agencies in the intelligence and defense 

25 communities. 


tjames on PRODPC75 with BILLS
337 

•HR 2647 RH

1 Subtitle D—Studies and Reports 

2 SEC. 1031. REPORT ON STATUTORY COMPLIANCE OF THE 

3 REPORT ON THE 2009 QUADRENNIAL DE4 FENSE REVIEW. 

5 (a) COMPTROLLER GENERAL REPORT.—Not later than 

6 90 days after the Secretary of Defense releases the report 

7 on the 2009 quadrennial defense review, the Comptroller 

8 General shall submit to the congressional defense committees 

9 and to the Secretary of Defense a report on the degree to 

10 which the report on the 2009 quadrennial defense review 

11 complies with the requirements of subsection (d) of section 

12 118 of title 10, United States Code. 

13 (b) SECRETARY OF DEFENSE REPORT.—If the Comp14 troller General determines that the report on the 2009 quad15 rennial defense review deviates significantly from the re16 quirements of subsection (d) of section 118 of such title, the 

17 Secretary of Defense shall submit to the congressional de18 fense committees a report addressing the areas of deviation 

19 not later than 30 days after the submission of the report 

20 by the Comptroller General required by paragraph (1). 

21 SEC. 1032. REPORT ON THE FORCE STRUCTURE FINDINGS 

22 OF THE 2009 QUADRENNIAL DEFENSE RE23 VIEW. 

24 (a) REPORT REQUIREMENT.—Concurrent with the de25 livery of the report on the 2009 quadrennial defense review 


tjames on PRODPC75 with BILLS
338 

•HR 2647 RH

1 required by section 118 of title 10, United States Code, the 

2 Secretary of Defense shall submit to the congressional de3 fense committees a report with a classified annex con4 taining— 

5 (1) the analyses used to determine and support 

6 the findings on force structure required by such sec7 tion; and 

8 (2) a description of any changes from the pre9 vious quadrennial defense review to the minimum 

10 military requirements for major military capabilities. 

11 (b) MAJOR MILITARY CAPABILITIES DEFINED.—In 

12 this section, the term ‘‘major military capabilities’’ includes 

13 any capability the Secretary determines to be a major mili14 tary capability, any capability discussed in the report of 

15 the 2006 quadrennial defense review, and any capability 

16 described in paragraph (9) or (10) of section 118(d) of title 

17 10, United States Code. 

18 SEC. 1033. SENSE OF CONGRESS AND AMENDMENT RELAT19 ING TO QUADRENNIAL DEFENSE REVIEW. 

20 (a) SENSE OF CONGRESS.—It is the sense of Congress 

21 that the quadrennial defense review is a strategy process 

22 that necessarily produces budget plans; however, budget 

23 pressures should not determine or limit its outcomes. 

24 (b) RELATIONSHIP OF QDR TO BUDGET.—Section 

25 118(a) of title 10, United States Code, is amended— 


tjames on PRODPC75 with BILLS
339 

•HR 2647 RH

1 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 

2 Defense’’; and 

3 (2) by adding at the end the following new para4 graph: 

5 ‘‘(2) The existence of the quadrennial defense review 

6 does not exempt the President or the Department of Defense 

7 from fulfilling its annual legal obligations to submit to Con8 gress a budget and all legally required supporting docu9 mentation.’’. 

10 SEC. 1034. STRATEGIC REVIEW OF BASING PLANS FOR 

11 UNITED STATES EUROPEAN COMMAND. 

12 (a) REPORT REQUIREMENT.—Concurrent with the de13 livery of the report on the 2009 quadrennial defense review 

14 required by section 118 of title 10, United States Code, the 

15 Secretary of Defense shall submit to the appropriate con16 gressional committees a report on the plan for basing of 

17 forces in the European theater, containing a description 

18 of— 

19 (1) how the plan supports the United States na20 tional security strategy; 

21 (2) how the plan satisfies the commitments un22 dertaken by the United States pursuant to Article 5 

23 of the North Atlantic Treaty, signed at Washington, 

24 District of Columbia, on April 4, 1949, and entered 


tjames on PRODPC75 with BILLS
340 

•HR 2647 RH

1 into force on August 24, 1949 (63 Stat. 2241; TIAS 

2 1964); 

3 (3) how the plan addresses the current security 

4 environment in Europe, including United States par5 ticipation in theater cooperation activities; 

6 (4) how the plan contributes to peace and sta7 bility in Europe; and 

8 (5) the impact that a permanent change in the 

9 basing of a unit currently assigned to United States 

10 European Command would have on the matters de11 scribed in paragraphs (1) through (4). 

12 (b) NOTIFICATION REQUIREMENT.—The Secretary of 

13 Defense shall notify Congress at least 30 days before the 

14 permanent relocation of a unit stationed outside the conti15 nental United States as of the date of the enactment of this 

16 Act. 

17 (c) DEFINITIONS.—In this section: 

18 (1) UNIT.—The term ‘‘unit’’ has the meaning de19 termined by the Secretary of Defense for purposes of 

20 this section. 

21 (2) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional commit23 tees’’ means— 

24 (A) the congressional defense committees; 


tjames on PRODPC75 with BILLS
341 

•HR 2647 RH

1 (B) the Committee on Foreign Relations of 

2 the Senate and the Committee on Foreign Affairs 

3 of the House of Representatives; and 

4 (C) the Select Committee on Intelligence of 

5 the Senate and the Permanent Select Committee 

6 on Intelligence of the House of Representatives. 

7 SEC. 1035. NATIONAL DEFENSE PANEL. 

8 (a) ESTABLISHMENT.—There is established a bipar9 tisan, independent panel to be known as the National De10 fense Panel (in this section referred to as the ‘‘Panel’’). The 

11 Panel shall have the duties set forth in this section. 

12 (b) MEMBERSHIP.—The Panel shall be composed of 

13 twelve members who are recognized experts in matters relat14 ing to the national security of the United States. The mem15 bers shall be appointed as follows: 

16 (1) Three by the chairman of the Committee on 

17 Armed Services of the House of Representatives. 

18 (2) Three by the chairman of the Committee on 

19 Armed Services of the Senate. 

20 (3) Two by the ranking member of the Com21 mittee on Armed Services of the House of Representa22 tives. 

23 (4) Two by the ranking member of the Com24 mittee on Armed Services of the Senate. 

25 (5) Two by the Secretary of Defense. 


tjames on PRODPC75 with BILLS
342 

•HR 2647 RH

1 (c) CO-CHAIRS OF THE PANEL.—The chairman of the 

2 Committee on Armed Services of the House of Representa3 tives and the chairman of the Committee of Armed Services 

4 of the Senate shall each designate one of their appointees 

5 under subsection (b) to serve as co-chair of the panel. 

6 (d) PERIOD OF APPOINTMENT; VACANCIES.—Members 

7 shall be appointed for the life of the Panel. Any vacancy 

8 in the Panel shall be filled in the same manner as the origi9 nal appointment. 

10 (e) DUTIES.—The Panel shall— 

11 (1) review the national defense strategy, the na12 tional military strategy, the Secretary of Defense’s 

13 terms of reference, and any other materials providing 

14 the basis for, or substantial inputs to, the work of the 

15 Department of Defense on the 2009 quadrennial de16 fense review under section 118 of title 10, United 

17 States Code (in this subsection referred to as the 

18 ‘‘2009 QDR’’), as well as the 2009 QDR itself; 

19 (2) conduct an assessment of the assumptions, 

20 strategy, findings, costs, and risks of the report of the 

21 2009 QDR, with particular attention paid to the 

22 risks described in that report; 

23 (3) submit to the congressional defense commit24 tees and the Secretary an independent assessment of 

25 a variety of possible force structures of the Armed 


tjames on PRODPC75 with BILLS
343 

•HR 2647 RH

1 Forces, including the force structure identified in the 

2 report of the 2009 QDR, suitable to meet the require3 ments identified in the review required in paragraph 

4 (1); 

5 (4) to the extent practicable, estimate the fund6 ing required by fiscal year, in constant fiscal year 

7 2010 dollars, to organize, equip, and support the 

8 forces contemplated under the force structures assessed 

9 in the assessment under paragraph (3); and 

10 (5) provide to Congress and the Secretary of De11 fense, through the reports under subsection (g), any 

12 recommendations it considers appropriate for their 

13 consideration. 

14 (f) FIRST MEETING.— 

15 (1) The Panel shall hold its first meeting no 

16 later than 30 days after the date as of which all ap17 pointments to the Panel under paragraphs (1), (2), 

18 (3), and (4) of subsection (b) have been made. 

19 (2) If the Secretary of Defense has not made the 

20 Secretary’s appointments to the Panel under sub21 section (b)(5) by the date of the first meeting pursu22 ant to paragraph (1), the Panel shall convene with 

23 the remaining members. 

24 (g) REPORTS.— 


tjames on PRODPC75 with BILLS
344 

•HR 2647 RH

1 (1) Not later than April 15, 2010, the Panel 

2 shall submit an interim report on its findings to the 

3 congressional defense committees and to the Secretary 

4 of Defense. 

5 (2) Not later than January 15, 2011, the Panel 

6 shall submit its final report, together with any rec7 ommendations, to the congressional defense commit8 tees and to the Secretary of Defense. 

9 (3) Not later than February 15, 2011, the Sec10 retary of Defense, after consultation with the Chair11 man of the Joint Chiefs of Staff, shall submit to the 

12 committees referred to in paragraph (2) the Sec13 retary’s comments on the Panel’s final report under 

14 that paragraph. 

15 (h) INFORMATION FROM FEDERAL AGENCIES.—The 

16 Panel may secure directly from the Department of Defense 

17 and any of its components such information as the Panel 

18 considers necessary to carry out its duties under this sec19 tion. The head of the department or agency concerned shall 

20 ensure that information requested by the Panel under this 

21 subsection is promptly provided. 

22 (i) FFRDC SUPPORT.—Upon the request of the co23 chairs of the Panel, the Secretary of Defense shall make 

24 available to the Panel the services of any federally funded 


tjames on PRODPC75 with BILLS
345 

•HR 2647 RH

1 research and development center that is covered by a spon2 soring agreement of the Department of Defense. 

3 (j) PERSONNEL MATTERS.—The Panel shall have the 

4 authorities provided in section 3161 of title 5, United States 

5 Code, and shall be subject to the conditions set forth in such 

6 section. 

7 (k) PAYMENT OF PANEL EXPENSES.—Funds for ac8 tivities of the Panel shall be provided from amounts avail9 able to the Department of Defense. 

10 (l) TERMINATION.—The Panel shall terminate 45 days 

11 after the date on which the Panel submits its final report 

12 under subsection (g)(2). 

13 SEC. 1036. REPORT REQUIRED ON NOTIFICATION OF DE14 TAINEES OF RIGHTS UNDER MIRANDA V. ARI15 ZONA. 

16 Not later than 30 days after the date of the enactment 

17 of this Act, the Secretary of Defense shall submit to the con18 gressional defense committees a report on how the reading 

19 of rights under Miranda v. Arizona (384 U.S. 436 (1966)) 

20 to individuals detained by the United States in Afghanistan 

21 may affect— 

22 (1) the rules of engagement of the Armed Forces 

23 deployed in support of Operation Enduring Freedom; 


tjames on PRODPC75 with BILLS
346 

•HR 2647 RH

1 (2) post-capture interrogations and intelligence2 gathering activities conducted as part of Operation 

3 Enduring Freedom; 

4 (3) the overall counterinsurgency strategy and 

5 objectives of the United States for Operation Endur6 ing Freedom; 

7 (4) United States military operations and objec8 tives in Afghanistan; and 

9 (5) potential risks to members of the Armed 

10 Forces operating in Afghanistan. 

11 SEC. 1037. ANNUAL REPORT ON THE ELECTRONIC WARFARE 

12 STRATEGY OF THE DEPARTMENT OF DE13 FENSE. 

14 (a) ANNUAL REPORT REQUIRED.—At the same time 

15 as the President submits to Congress the budget under sec16 tion 1105(a) of title 31, United States Code, for fiscal year 

17 2011, and for each subsequent fiscal year, the Secretary of 

18 Defense, in coordination with the Chairman of the Joint 

19 Chiefs of Staff and the Secretary of each of the military 

20 departments, shall submit to the congressional defense com21 mittees an annual report on the electronic warfare strategy 

22 of the Department of Defense. 

23 (b) CONTENTS OF REPORT.—Each report required 

24 under subsection (a) shall include each of the following: 

25 (1) A description and overview of— 


tjames on PRODPC75 with BILLS
347 

•HR 2647 RH

1 (A) the Department of Defense’s electronic 

2 warfare strategy; 

3 (B) how such strategy supports the National 

4 Defense Strategy; and 

5 (C) the organizational structure assigned to 

6 oversee the development of the Department’s elec7 tronic warfare strategy, requirements, capabili8 ties, programs, and projects. 

9 (2) A list of all the electronic warfare acquisition 

10 programs and research and development projects of 

11 the Department of Defense and a description of how 

12 each program or project supports the Department’s 

13 electronic warfare strategy. 

14 (3) For each unclassified program or project on 

15 the list required by paragraph (2)— 

16 (A) the senior acquisition executive and or17 ganization responsible for oversight of the pro18 gram or project; 

19 (B) whether or not validated requirements 

20 exist for each program or project and, if such re21 quirements exist, the date on which the require22 ments were validated and by which organiza23 tional authority; 

24 (C) the total amount of funding appro25 priated, obligated, and forecasted by fiscal year 


tjames on PRODPC75 with BILLS
348 

•HR 2647 RH

1 for the program or project, to include the pro2 gram element or procurement line number from 

3 which the program or project receives funding; 

4 (D) the development or procurement sched5 ule for the program or project; 

6 (E) an assessment of the cost, schedule, and 

7 performance of the program or project as it re8 lates to the program or project’s current program 

9 baseline and the original program baseline if 

10 such baselines are not the same; 

11 (F) the technology readiness level of each 

12 critical technology that is part of the program or 

13 project; 

14 (G) whether or not the program or project 

15 is redundant or overlaps with the efforts of an16 other military department; and 

17 (H) what capability gap the program or 

18 project is being developed or procured to fulfill. 

19 (4) A classified annex that contains the items de20 scribed in subparagraphs (A) through (H) for each 

21 classified program or project on the list required by 

22 paragraph (2). 


tjames on PRODPC75 with BILLS
349 

•HR 2647 RH

1 SEC. 1038. STUDIES TO ANALYZE ALTERNATIVE MODELS 

2 FOR ACQUISITION AND FUNDING OF TECH3 NOLOGIES SUPPORTING NETWORK-CENTRIC 

4 OPERATIONS. 

5 (a) STUDIES REQUIRED.— 

6 (1) INDEPENDENT STUDY.—Not later than 90 

7 days after the date of the enactment of this Act, the 

8 Secretary of Defense shall enter into a contract with 

9 an independent federally funded research and develop10 ment center to carry out a comprehensive study of 

11 policies, procedures, organization, and regulatory con12 straints affecting the acquisition of technologies sup13 porting network-centric operations. The contract shall 

14 be funded from amounts appropriated pursuant to an 

15 authorization of appropriations in this Act or other16 wise made available for fiscal year 2010 for operation 

17 and maintenance for Defense-wide activities. 

18 (2) JOINT CHIEFS OF STAFF STUDY.—The Chair19 man of the Joint Chiefs of Staff shall carry out a 

20 comprehensive study of the same subjects covered by 

21 paragraph (1). The study shall be independent of the 

22 study required by paragraph (1) and shall be carried 

23 out in conjunction with the military departments and 

24 in coordination with the Secretary of Defense. 

25 (b) MATTERS TO BE ADDRESSED.—Each study re26 quired by subsection (a) shall address the following matters: 


tjames on PRODPC75 with BILLS
350 

•HR 2647 RH

1 (1) Development of a system for understanding 

2 the various foundational components that contribute 

3 to network-centric operations, such as data transport, 

4 processing, storage, data collection, and dissemination 

5 of information. 

6 (2) Determining how acquisition and funding 

7 programs that are in place as of the date of the enact8 ment of this Act relate to the system developed under 

9 paragraph (1). 

10 (3) Development of acquisition and funding 

11 models using the system developed under paragraph 

12 (1), including— 

13 (A) a model under which a joint entity 

14 independent of any military department (such 

15 as the Joint Staff) is established with responsi16 bility and control of all funding for the acquisi17 tion of technologies for network-centric oper18 ations, and with authority to oversee the incor19 poration of such technologies into the acquisition 

20 programs of the military departments; 

21 (B) a model under which an executive agent 

22 is established to manage and oversee the acquisi23 tion of technologies for network-centric oper24 ations, but would not have exclusive control of 

25 the funding for such programs; 


tjames on PRODPC75 with BILLS
351 

•HR 2647 RH

1 (C) a model under which the acquisition 

2 and funding programs that are in place as of the 

3 date of the enactment of this Act are maintained; 

4 and 

5 (D) any other model that the entity car6 rying out the study considers relevant. 

7 (4) An analysis of each of the models developed 

8 under paragraph (3) with respect to potential benefits 

9 in— 

10 (A) collecting, processing, and dissemi11 nating information; 

12 (B) network commonality; 

13 (C) common communications; 

14 (D) interoperability; 

15 (E) mission impact and success; and 

16 (F) cost effectiveness. 

17 (5) An evaluation of each of the models developed 

18 under paragraph (3) with respect to feasibility, in19 cluding identification of legal, policy, or regulatory 

20 barriers that may impede the implementation of such 

21 model. 

22 (c) REPORT REQUIRED.—Not later than September 

23 30, 2010, the Secretary of Defense shall submit to the con24 gressional defense committees a report on the results of the 

25 studies required by subsection (a). The report shall include 


tjames on PRODPC75 with BILLS
352 

•HR 2647 RH

1 the findings and recommendations of the studies and any 

2 observations and comments that the Secretary considers ap3 propriate. 

4 (d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 

5 this section, the term ‘‘network-centric operations’’ refers to 

6 the ability to exploit all human and technical elements of 

7 the Joint Force and mission partners through the full inte8 gration of collected information, awareness, knowledge, ex9 perience, and decision-making, enabled by secure access and 

10 distribution, all to achieve agility and effectiveness in a dis11 persed, decentralized, dynamic, or uncertain operational 

12 environment. 

13 Subtitle E—Other Matters 

14 SEC. 1041. PROHIBITION RELATING TO PROPAGANDA. 

15 (a) IN GENERAL.— 

16 (1) PROHIBITION.—Chapter 134 of title 10, 

17 United States Code, is amended by inserting after sec18 tion 2241 the following new section: 

19 ‘‘§ 2241a. Prohibition on use of funds for publicity or 

20 propaganda purposes within the United 

21 States 

22 ‘‘Funds available to the Department of Defense may 

23 not be obligated or expended for publicity or propaganda 

24 purposes within the United States not otherwise specifically 

25 authorized by law.’’. 


tjames on PRODPC75 with BILLS
353 

•HR 2647 RH

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended by 

3 adding at the end the following new item: 

‘‘2241a. Prohibition on use of funds for publicity or propaganda purposes within 

the United States.’’. 

4 (b) EFFECTIVE DATE.—Section 2241a of title 10, 

5 United States Code, as added by subsection (a), shall take 

6 effect on October 1, 2009, or the date of the enactment of 

7 this Act, whichever is later. 

8 SEC. 1042. EXTENSION OF CERTAIN AUTHORITY FOR MAK9 ING REWARDS FOR COMBATING TERRORISM. 

10 Section 127b(c)(3)(C) of title 10, United States Code, 

11 is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 

12 SEC. 1043. TECHNICAL AND CLERICAL AMENDMENTS. 

13 (a) TITLE 10, UNITED STATES CODE.—Title 10, 

14 United States Code, is amended as follows: 

15 (1) The heading of section 1567 is amended to 

16 read as follows: 

17 ‘‘§ 1567. Duration of military protective orders’’. 

18 (2) The heading of section 1567a is amended to 

19 read as follows: 


tjames on PRODPC75 with BILLS
354 

•HR 2647 RH

1 ‘‘§ 1567a. Mandatory notification of issuance of mili2 tary protective order to civilian law en3 forcement’’. 

4 (3) Section 2306c(h) is amended by striking 

5 ‘‘section 2801(c)(2)’’ and inserting ‘‘section 

6 2801(c)(4)’’. 

7 (4) Section 2667(g)(1) is amended by striking 

8 ‘‘Secretary concerned concerned’’ and inserting ‘‘Sec9 retary concerned’’. 

10 (b) TITLE 37, UNITED STATES CODE.—Section 

11 308(a)(2)(A)(ii) of title 37, United States Code, is amended 

12 by striking the comma before the period at the end. 

13 (c) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR14 IZATION ACT FOR FISCAL YEAR 2009.—Effective as of Octo15 ber 14, 2008, and as if included therein as enacted, the 

16 Duncan Hunter National Defense Authorization Act for 

17 Fiscal Year 2009 (Public Law 110–417) is amended as fol18 lows: 

19 (1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 

20 2710 note) is amended by striking ‘‘Secretary’’ and 

21 inserting ‘‘Secretary of Defense’’. 

22 (2) Section 523(1) (122 Stat. 4446) is amended 

23 by striking ‘‘serving or’’ and inserting ‘‘serving in 

24 or’’. 


tjames on PRODPC75 with BILLS
355 

•HR 2647 RH

1 (3) Section 616 (122 Stat. 4486) is amended by 

2 striking ‘‘of title’’ in subsections (b) and (c) and in3 serting ‘‘of such title’’. 

4 (4) Section 732(2) (122 Stat. 4511) is amended 

5 by striking ‘‘year.’’ and inserting ‘‘year’’. 

6 (5) Section 811(c)(6)(A)(iv)(I) (122 Stat.4524) 

7 is amended by striking ‘‘after of ‘the program’ ’’ and 

8 inserting ‘‘after ‘of the program’ ’’. 

9 (6) Section 813(d)(3) (122 Stat. 4527) is amend10 ed by striking ‘‘each of subsections (c)(2)(A) and 

11 (d)(2)’’ and inserting ‘‘subsection (c)(2)(A)’’. 

12 (7) Section 825(b) (122 Stat. 4534) is amended 

13 in the new item being added by inserting a period 

14 after ‘‘thereof’’. 

15 (8) Section 834(a)(2) (122 Stat. 4537) is amend16 ed by inserting ‘‘subchapter II of’’ before ‘‘chapter 

17 87’’. 

18 (9) Section 845(a) (122 Stat. 4541) is amend19 ed— 

20 (A) in paragraph (1), by striking ‘‘Sub21 chapter I’’ and inserting ‘‘Subchapter II’’; and 

22 (B) in paragraph (2), by striking ‘‘sub23 chapter I’’ and inserting ‘‘subchapter II’’. 

24 (10) Section 855 (122 Stat. 4545) is repealed. 


tjames on PRODPC75 with BILLS
356 

•HR 2647 RH

1 (11) Section 921(1) (122 Stat. 4573) is amended 

2 by striking ‘‘subsections (f) and (g) as subsections (g) 

3 and (h)’’ and inserting ‘‘subsections (f), (g), and (h) 

4 as subsections (g), (h), and (i)’’. 

5 (12) Section 931(b)(5) (122 Stat. 4575) is 

6 amended— 

7 (A) by striking ‘‘Section 201(e)(2)’’ and in8 serting ‘‘Section 201(f)(2)(E)’’; and 

9 (B) by striking ‘‘(6 U.S.C. 121(e)(2))’’ and 

10 inserting ‘‘(6 U.S.C. 121(f)(2)(E))’’. 

11 (13) Section 932 (122 Stat. 4576) is repealed. 

12 (14) Section 1033(b) (122 Stat. 4593) is amend13 ed by striking ‘‘chapter 941’’ and inserting ‘‘chapter 

14 931’’. 

15 (15) Section 1059 (122 Stat. 4611) is amended 

16 by striking ‘‘Act of’’ and inserting ‘‘Act for’’. 

17 (16) Section 1061(b)(3) (122 Stat. 4613) is 

18 amended by striking ‘‘103’’ and inserting ‘‘188’’. 

19 (17) Section 1109 (122 Stat. 4618) is amended 

20 in subsection (e)(1) of the matter proposed to be 

21 added by striking ‘‘the date of the enactment of this 

22 Act’’ and inserting ‘‘October 14, 2008,’’. 

23 (18) Section 2104(b) (122 Stat. 4664) is amend24 ed in the matter preceding paragraph (1) by striking 

25 ‘‘section 2401’’ and inserting ‘‘section 2101’’. 


tjames on PRODPC75 with BILLS
357 

•HR 2647 RH

1 (19) Section 3508(b) (122 Stat. 4769) is amend2 ed to read as follows: 

3 ‘‘(b) CONFORMING AMENDMENT.—The chapter 541 of 

4 title 46, United States Code, as inserted and amended by 

5 the amendments made by subparagraphs (A) through (D) 

6 of section 3523(a)(6) of the National Defense Authorization 

7 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

8 599), is repealed.’’. 

9 (20) Section 3511(d) (122 Stat. 4770) is amend10 ed by inserting before the period the following: ‘‘, and 

11 by striking ‘CALENDAR’ and inserting ‘FISCAL’ in the 

12 heading for paragraph (2)’’. 

13 SEC. 1044. REPEAL OF PILOT PROGRAM ON COMMERCIAL 

14 FEE-FOR-SERVICE AIR REFUELING SUPPORT 

15 FOR THE AIR FORCE. 

16 The National Defense Authorization Act for Fiscal 

17 Year 2008 (Public Law 110-181) is amended by striking 

18 section 1081. 

19 SEC. 1045. EXTENSION OF SUNSET FOR CONGRESSIONAL 

20 COMMISSION ON THE STRATEGIC POSTURE 

21 OF THE UNITED STATES. 

22 Section 1062 of the National Defense Authorization 

23 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

24 319) is amended— 


tjames on PRODPC75 with BILLS
358 

•HR 2647 RH

1 (1) by redesignating subsections (f) and (g) as 

2 subsections (g) and (h), respectively; 

3 (2) in subsection (h), as redesignated by para4 graph (1) of this subsection, by striking ‘‘June 1, 

5 2009’’ and inserting ‘‘September 30, 2010’’; and 

6 (3) by inserting after subsection (e) the following 

7 new subsection (f): 

8 ‘‘(f) FOLLOW-ON REPORT.—Not later than May 1, 

9 2010, the commission shall submit to the President, the Sec10 retary of Defense, the Secretary of Energy, the Secretary 

11 of State, the Committee on Armed Services of the Senate, 

12 the Committee on Foreign Relations of the Senate, the Com13 mittee on Armed Services of the House of Representatives, 

14 and the Committee on Foreign Affairs of the House of Rep15 resentatives a follow-on report to the report submitted under 

16 subsection (e). With respect to the matters described under 

17 subsection (c), the follow-on report shall include, at a min18 imum, the following: 

19 ‘‘(1) A review of— 

20 ‘‘(A) the nuclear posture review required by 

21 section 1070 of this Act; and 

22 ‘‘(B) the Quadrennial Defense Review re23 quired to be submitted under section 118 of title 

24 10, United States Code. 


tjames on PRODPC75 with BILLS
359 

•HR 2647 RH

1 ‘‘(2) A review of legislative actions taken by the 

2 111th Congress.’’. 

3 SEC. 1046. AUTHORIZATION OF APPROPRIATIONS FOR PAY4 MENTS TO PORTUGUESE NATIONALS EM5 PLOYED BY THE DEPARTMENT OF DEFENSE. 

6 (a) AUTHORIZATION FOR PAYMENTS.—Subject to sub7 section (b), the Secretary of Defense may authorize pay8 ments to Portuguese nationals employed by the Department 

9 of Defense in Portugal, for the difference between— 

10 (1) the salary increases resulting from section 

11 8002 of the Department of Defense Appropriations 

12 Act, 2006 (Public Law 109–148; 119 Stat. 2697; 10 

13 U.S.C. 1584 note) and section 8002 of the Depart14 ment of Defense Appropriations Act, 2007 (Public 

15 Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 note); 

16 and 

17 (2) salary increases supported by the Depart18 ment of Defense Azores Foreign National wage sur19 veys for survey years 2006 and 2007. 

20 (b) LIMITATION.—The authority provided in sub21 section (a) may be exercised only if— 

22 (1) the wage survey methodology described in the 

23 United States—Portugal Agreement on Cooperation 

24 and Defense, with supplemental technical and labor 

25 agreements and exchange of notes, signed at Lisbon 


tjames on PRODPC75 with BILLS
360 

•HR 2647 RH

1 on June 1, 1995, and entered into force on November 

2 21, 1995, is eliminated; and 

3 (2) the agreements and exchange of notes referred 

4 to in paragraph (1) and any implementing regula5 tions thereto are revised to provide that the obliga6 tions of the United States regarding annual pay in7 creases are subject to United States appropriation 

8 law governing the funding available for such in9 creases. 

10 (c) AUTHORIZATION FOR APPROPRIATION.—Of the 

11 amounts authorized to be appropriated under title III, not 

12 less than $240,000 is authorized to be appropriated for fis13 cal year 2010 for the purpose of the payments authorized 

14 by subsection (a). 

15 SEC. 1047. COMBAT AIR FORCES RESTRUCTURING. 

16 (a) LIMITATIONS RELATING TO LEGACY AIRCRAFT.— 

17 Until the expiration of the 90-day period beginning on the 

18 date the Secretary of the Air Force submits a report in ac19 cordance with subsection (b), the following provisions 

20 apply: 

21 (1) PROHIBITION ON RETIREMENT OF AIR22 CRAFT.—The Secretary of the Air Force may not re23 tire any fighter aircraft pursuant to the Combat Air 

24 Forces restructuring plan announced by the Secretary 

25 on May 18, 2009. 


tjames on PRODPC75 with BILLS
361 

•HR 2647 RH

1 (2) PROHIBITION ON PERSONNEL REASSIGN2 MENTS.—The Secretary of the Air Force may not re3 assign any Air Force personnel (whether on active 

4 duty or a member of a reserve component, including 

5 the National Guard) associated with such restruc6 turing plan. 

7 (3) REQUIREMENTS TO CONTINUE FUNDING.— 

8 (A) Of the funds authorized to be appro9 priated in title III of this Act for operations and 

10 maintenance for the Air Force, at least 

11 $344,600,000 shall be expended for continued op12 eration and maintenance of the 249 fighter air13 craft scheduled for retirement in fiscal year 2010 

14 pursuant to such restructuring plan. 

15 (B) Of the funds authorized to be appro16 priated in title I of this Act for procurement for 

17 the Air Force, at least $10,500,000 shall be 

18 available for obligation to provide for any modi19 fications necessary to sustain the 249 fighter air20 craft. 

21 (b) REPORT.—The report under subsection (a) shall be 

22 submitted to the Committees on Armed Services of the 

23 House of Representatives and the Senate and shall include 

24 the following information: 


tjames on PRODPC75 with BILLS
362 

•HR 2647 RH

1 (1) A detailed plan of how the force structure 

2 and capability gaps resulting from the retirement ac3 tions will be addressed. 

4 (2) An explanation of the assessment conducted 

5 of the current threat environment and current capa6 bilities. 

7 (3) A description of the follow-on mission assign8 ments for each affected base. 

9 (4) An explanation of the criteria used for select10 ing the affected bases and the particular fighters cho11 sen for retirement. 

12 (5) A description of the environmental analyses 

13 being conducted. 

14 (6) An identification of the reassignment and 

15 manpower authorizations necessary for the Air Force 

16 personnel (both active duty and reserve component) 

17 affected by the retirements if such retirements are ac18 complished. 

19 (7) A description of the funding needed in fiscal 

20 years 2010 through 2015 to cover operation and 

21 maintenance costs, personnel, and aircraft procure22 ment, if the restructuring plan is not carried out. 

23 (8) An estimate of the cost avoidance should the 

24 restructuring plan more forward and a description of 

25 how such funds would be invested during the futureVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
363 

•HR 2647 RH

1 years defense plan to ensure the remaining fighter 

2 force achieves the desired service life and is suffi3 ciently modernized to outpace the threat. 

4 (c) EXCEPTION FOR CERTAIN AIRCRAFT.—The prohi5 bition in subsection (a)(1) shall not apply to the five fighter 

6 aircraft scheduled for retirement in fiscal year 2010, as an7 nounced when the budget for fiscal year 2009 was submitted 

8 to Congress. 

9 SEC. 1048. SENSE OF CONGRESS HONORING THE HONOR10 ABLE ELLEN O. TAUSCHER. 

11 (a) FINDINGS.—Congress makes the following findings: 

12 (1) In 1996, Representative Ellen O. Tauscher 

13 was elected to represent California’s 10th Congres14 sional district, which is located in the East Bay Area 

15 of northern California and consists of parts of Solano, 

16 Contra Costa, Alameda, and Sacramento counties. 

17 (2) Representative Tauscher also represents two 

18 of the Nation’s defense laboratories, Lawrence Liver19 more and the California campus of Sandia, as well 

20 as Travis Air Force Base, home of the 60th Air Mo21 bility Wing and the Camp Parks Army Reserve facil22 ity. 

23 (3) Prior to her service in Congress, Representa24 tive Tauscher worked in the private sector for 20 

25 years, 14 of which were on Wall Street. 


tjames on PRODPC75 with BILLS
364 

•HR 2647 RH

1 (4) At age 25, Representative Tauscher became 

2 one of the first women, and the youngest at the time, 

3 to hold a seat on the New York Stock Exchange, and 

4 she later served as an officer of the American Stock 

5 Exchange. 

6 (5) Representative Tauscher moved to California 

7 in 1989 and shortly afterwards founded the first na8 tional research service to help parents verify the back9 ground of childcare workers while she sought quality 

10 childcare for her own daughter. 

11 (6) Subsequently, Representative Tauscher pub12 lished a book to help working parents make informed 

13 decisions about their own childcare needs. 

14 (7) Representative Tauscher is known by her col15 leagues in Congress as a leader on national security 

16 and nonproliferation issues. 

17 (8) During her tenure, she has introduced legis18 lation to increase and expand the Nation’s non19 proliferation programs, strengthen the Stockpile Stew20 ardship Program, and provide the Nation’s troops 

21 with the support and equipment they deserve. 

22 (9) In the 110th Congress, Representative 

23 Tauscher was appointed Chairman of the Strategic 

24 Forces Subcommittee of the Armed Services Com25 mittee of the House of Representatives, becoming only 


tjames on PRODPC75 with BILLS
365 

•HR 2647 RH

1 the third woman in history to chair an Armed Serv2 ices subcommittee. 

3 (10) Representative Tauscher is also the first 

4 California Democrat to be elevated to an Armed Serv5 ices Subcommittee Chairmanship since 1992. 

6 (11) Representative Tauscher is currently serv7 ing her second term as the Chairman of the House 

8 New Democrat Coalition, and she was appointed by 

9 the Speaker of the House to serve as the Vice Chair 

10 for the Future Security and Defense Capabilities Sub11 committee of the Defense and Security Committee of 

12 NATO’s Parliamentary Assembly. 

13 (12) On May 5, 2009, the President nominated 

14 Representative Tauscher to serve as Under Secretary 

15 of State for Arms Control and International Security 

16 at the Department of State. 

17 (b) SENSE OF CONGRESS.—It is the Sense of Congress 

18 that the Honorable Ellen O. Tauscher, Representative from 

19 California, has served the House of Representatives and the 

20 American people selflessly and with distinction, and that 

21 she deserves the sincere and humble gratitude of Congress 

22 and the Nation. 

23 SEC. 1049. SENSE OF CONGRESS CONCERNING THE DIS24 POSITION OF SUBMARINE NR-1. 

25 (a) FINDINGS.—Congress makes the following findings: 


tjames on PRODPC75 with BILLS
366 

•HR 2647 RH

1 (1) The Deep Submergence Vessel NR-1 (herein2 after in this section referred to as ‘‘NR-1’’) was built 

3 by the Electric Boat Company in Groton, Con4 necticut, entered service in 1969, and was the only 

5 nuclear-powered research submersible in the United 

6 States Navy. 

7 (2) NR-1 was assigned to Naval Submarine Base 

8 New London, located in Groton, Connecticut through9 out her entire service life. 

10 (3) NR-1 was inactivated in December 2008. 

11 (4) Due to the unique capabilities of NR-1, it 

12 conducted numerous missions of significant military 

13 and scientific value most notably in the fields of geo14 logical survey and oceanographic research. 

15 (5) In 1986, NR-1 played a key role in the 

16 search for and recovery of the Space Shuttle Chal17 lenger. 

18 (6) The mission of the Submarine Force Library 

19 and Museum in Groton, Connecticut, is to collect, 

20 preserve, and interpret the history of the United 

21 States Naval Submarine Force in order to honor vet22 erans and to educate naval personnel and the public 

23 in the heritage and traditions of the Submarine 

24 Force. 


tjames on PRODPC75 with BILLS
367 

•HR 2647 RH

1 (7) NR-1 is a unique and irreplaceable part of 

2 the history of the Navy and the Submarine Force and 

3 an educational and historical asset that should be 

4 shared with the Nation and the world. 

5 (b) SENSE OF CONGRESS.—It is the Sense of Congress 

6 that— 

7 (1) NR-1 is a unique and irreplaceable part of 

8 the Nation’s history and as much of the vessel as pos9 sible should be preserved for the historical and edu10 cational benefit of all Americans at the Submarine 

11 Force Museum and Library in Groton, Connecticut; 

12 and 

13 (2) the Secretary of the Navy should ensure that 

14 as much of the vessel as possible, including unique 

15 components of on-board equipment and clearly rec16 ognizable sections of the hull and superstructure, to 

17 the full extent practicable, are made available for 

18 transfer to the Submarine Force Museum and Li19 brary. 

20 SEC. 1050. COMPLIANCE WITH REQUIREMENT FOR PLAN ON 

21 THE DISPOSITION OF DETAINEES AT NAVAL 

22 STATION, GUANTANAMO BAY, CUBA. 

23 The Secretary of Defense shall comply with the require24 ments of section 1023(b) of this Act, regarding the transfer 


tjames on PRODPC75 with BILLS
368 

•HR 2647 RH

1 or release of the individuals detained at Naval Station, 

2 Guantanamo Bay, Cuba. 

3 SEC. 1051. SENSE OF CONGRESS REGARDING CARRIER AIR 

4 WING FORCE STRUCTURE. 

5 (a) FINDINGS.—Congress makes the following findings: 

6 (1) The requirement of section 5062(b) of title 

7 10, United States Code, for the Navy to maintain not 

8 less than 11 operational aircraft carriers, means that 

9 the naval combat forces of the Navy also include not 

10 less than 10 carrier air wings. 

11 (2) The Department of the Navy currently re12 quires a carrier air wing to include not less than 44 

13 strike fighter aircraft. 

14 (3) In spite of the potential warfighting benefits 

15 that may result in the deployment of fifth-generation 

16 strike fighter aircraft, for the foreseeable future the 

17 majority of the strike fighter aircraft assigned to a 

18 carrier air wing will not be fifth-generation assets. 

19 (b) SENSE OF CONGRESS.—It is the sense of Congress 

20 that— 

21 (1) in addition to the forces described in section 

22 5062(b) of title 10, United States Code, the naval 

23 combat forces of the Navy should include not less than 

24 10 carrier air wings (even if the number of aircraft 

25 carriers is temporarily reduced) that are comprised 


tjames on PRODPC75 with BILLS
369 

•HR 2647 RH

1 of, in addition to any other aircraft, not less than 44 

2 strike fighter aircraft; and 

3 (2) the Secretary of the Navy should take all ap4 propriate actions necessary to make resources avail5 able in order to include such number of strike fighter 

6 aircraft in each carrier air wing. 

7 SEC. 1052. SENSE OF CONGRESS ON DEPARTMENT OF DE8 FENSE FINANCIAL IMPROVEMENT AND AUDIT 

9 READINESS; PLAN. 

10 (a) FINDINGS.—Congress makes the following findings: 

11 (1) The Department of Defense is the largest 

12 agency in the Federal Government, owning 86 percent 

13 of the Government’s assets, estimated at $4.6 trillion. 

14 (2) It is essential that the Department maintain 

15 strong financial management and business systems 

16 that allow for comprehensive auditing, in order to im17 prove financial management government-wide and to 

18 achieve an opinion on the Federal Government’s con19 solidated financial statements. 

20 (3) Several major pieces of legislation, such as 

21 the Chief Financial Officers Act of 1990 (Public Law 

22 101–576) and the Federal Financial Management Im23 provement Act of 1996 (Public Law 104–208; 31 

24 U.S.C. 3512 note) have required published financial 

25 statement audits, reporting by auditors regarding 


tjames on PRODPC75 with BILLS
370 

•HR 2647 RH

1 whether the Department’s financial management sys2 tems comply substantially with Federal accounting 

3 standards, and other measures intended to ensure fi4 nancial management systems of the Department pro5 vide accurate, reliable, and timely financial manage6 ment information. 

7 (4) Nevertheless, according to the January 2009 

8 update to the Government Accountability Office High 

9 Risk Series, to date, only ‘‘. . . the U.S. Army Corps 

10 of Engineers, Civil Works has achieved a clean audit 

11 opinion on its financial statements. None of the mili12 tary services have received favorable financial state13 ment audit opinions, and the Department has annu14 ally acknowledged that long-standing pervasive weak15 nesses in its business systems, processes, and controls 

16 have prevented auditors from determining the reli17 ability of reported financial statement information.’’ 

18 (5) In response to a congressional mandate, the 

19 Department issued its first biennial Financial Im20 provement and Audit Readiness Plan in December 

21 2005, to delineate its strategy for addressing financial 

22 management challenges and achieving clean audit 

23 opinions. This 2005 report projected that 69 percent 

24 of assets and 80 percent of liabilities would be ‘‘clean’’ 

25 by 2009, yet in the latest report in March 2009 the 


tjames on PRODPC75 with BILLS
371 

•HR 2647 RH

1 Department projects it will achieve an unqualified 

2 audit on only 45 percent of its assets and liabilities 

3 by 2009. The Department of Defense is falling behind 

4 its original plan to achieve full compliance with the 

5 law by 2017. 

6 (6) Following the passage of the Sarbanes-Oxley 

7 Act of 2002 (Public Law 107–204), publicly traded 

8 corporations in the United States would face severe 

9 penalties for similar deficiencies in financial manage10 ment and accountability. 

11 (b) SENSE OF CONGRESS.—It is the sense of Congress 

12 that it is no longer excusable to allow poor business systems, 

13 a deficiency of resource allocation, or a lack of commitment 

14 from senior Department of Defense leadership to foster 

15 waste or non-accountability to the United States taxpayer. 

16 It is the further sense of Congress that the Secretary of De17 fense has not made compliance with financial management 

18 and audit readiness standards a top priority and should 

19 require, through the Chief Management Officer of the De20 partment of Defense, that each component of the Depart21 ment develop and implement a specific plan to become com22 pliant with the law well in advance of 2017. 

23 (c) PLAN.—In the next update of the Financial Im24 provement and Audit Readiness Plan, following the date 

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


tjames on PRODPC75 with BILLS
372 

•HR 2647 RH

1 outline a plan to achieve a full, unqualified audit of the 

2 Department of Defense by September 30, 2013. In the plan, 

3 the Secretary shall also identify a mechanism to conduct 

4 audits of the military intelligence programs and agencies 

5 and to submit audited financial statements for such agen6 cies to Congress in a classified manner. 

7 SEC. 1053. JUSTICE FOR VICTIMS OF TORTURE AND TER8 RORISM. 

9 (a) FINDINGS.—Congress makes the following findings: 

10 (1) At the request of President George W. Bush, 

11 Congress permitted the President to waive applicable 

12 provisions of the National Defense Authorization Act 

13 for Fiscal Year 2008 with respect to judicially cog14 nizable claims of American victims of torture and 

15 hostage taking by the Government of Iraq. 

16 (2) In return, however, Congress requested the 

17 executive branch to resolve these claims through nego18 tiations with Iraq. 

19 (3) After considerable delay, officials of the De20 partment of State have informed Members of Congress 

21 that these negotiations are underway. 

22 (4) Congress appreciates the start of the negotia23 tions and will monitor the progress in the prompt 

24 and equitable resolution of these claims. 


tjames on PRODPC75 with BILLS
373 

•HR 2647 RH

1 (5) Congress notes that the House of Representa2 tives in the 110th Congress unanimously adopted 

3 H.R. 5167, the Justice for Victims of Torture and 

4 Terrorism Act, which set forth an appropriate com5 promise of these claims. 

6 (6) In the interest of assisting the new demo7 cratic government of Iraq, H.R. 5167 offers a consid8 erable compromise to all parties involved by waiving 

9 all punitive damages awarded by the courts in these 

10 cases, as well as approximately two-thirds of compen11 satory damages awarded by the courts. 

12 (b) SENSE OF CONGRESS.—It is the sense of Congress 

13 that as the negotiations to resolve the claims of American 

14 victims of torture and hostage taking by the Government 

15 of Iraq that are referred to in subsection (a)(1) proceed, 

16 Congress continues to view the provisions of H.R.5167 of 

17 the 110th Congress as representing a fair compromise of 

18 these claims. 

19 SEC. 1054. REPEAL OF CERTAIN LAWS PERTAINING TO THE 

20 JOINT COMMITTEE FOR THE REVIEW OF 

21 COUNTERPROLIFERATION PROGRAMS OF 

22 THE UNITED STATES. 

23 (a) JOINT COMMITTEE FOR THE REVIEW OF

24 COUNTERPROLIFERATION PROGRAMS.—Section 1605 of the 


tjames on PRODPC75 with BILLS
374 

•HR 2647 RH

1 National Defense Authorization Act for Fiscal Year 1994 

2 (Public Law 103–160; 22 U.S.C. 2751 note) is repealed. 

3 (b) BIENNIAL REPORT ON COUNTERPROLIFERATION

4 ACTIVITIES AND PROGRAMS.—Section 1503 of the National 

5 Defense Authorization Act for Fiscal Year 1995 (Public 

6 Law 103–337; 22 U.S.C. 2751 note) is repealed. 

7 TITLE XI—CIVILIAN PERSONNEL 

8 MATTERS 

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. Additional personnel authorities for the Special Inspector General for 

Afghanistan Reconstruction. 

Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1106. Extension of certain benefits to Federal civilian employees on official 

duty in Pakistan. 

Sec. 1107. Authority to expand scope of provisions relating to unreduced compensation for certain reemployed annuitants. 

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. Modification to Department of Defense laboratory personnel authority. 

Sec. 1111. Pilot program for the temporary exchange of information technology 

personnel. 

Sec. 1112. Provisions relating to the National Security Personnel System. 

Sec. 1113. Provisions relating to the Defense Civilian Intelligence Personnel System. 

Sec. 1114. Sense of Congress on pay parity for Federal employees service at Joint 

Base McGuire/Dix/Lakehurst. 


tjames on PRODPC75 with BILLS
375 

•HR 2647 RH

1 SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COM2 PLETING THE NATIONAL SECURITY EDU3 CATION PROGRAM. 

4 (a) AUTHORITY FOR EMPLOYMENT.—Section 802 of 

5 the David L. Boren National Security Education Act of 

6 1991 (50 U.S.C. 1902) is amended by adding at the end 

7 the following new subsection: 

8 ‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The 

9 Secretary of Defense, the head of an element of the intel10 ligence community, the Secretary of Homeland Security, 

11 the Secretary of State, or the head of a Federal agency or 

12 office identified by the Secretary of Defense under sub13 section (g) as having national security responsibilities— 

14 ‘‘(1) may, without regard to any provision of 

15 title 5 governing appointment of employees to posi16 tions in the Department of Defense, an element of the 

17 intelligence community, the Department of Homeland 

18 Security, the Department of State, or such Federal 

19 agency or office, appoint to a position that is identi20 fied under subsection (b)(2)(A)(i) as having national 

21 security responsibilities, or to a position in such Fed22 eral agency or office, in the excepted service an indi23 vidual who has successfully completed an academic 

24 program for which a scholarship or fellowship under 

25 this section was awarded and who, under the terms 

26 of the agreement for such scholarship or fellowship, at 


tjames on PRODPC75 with BILLS
376 

•HR 2647 RH

1 the time of such appointment owes a service commit2 ment to such Department, such element, or such Fed3 eral agency or office; and 

4 ‘‘(2) may, upon satisfactory completion of two 

5 years of substantially continuous service by an in6 cumbent who was appointed to an excepted service 

7 position under the authority of paragraph (1), con8 vert the appointment of such individual, without 

9 competition, to a career or career conditional ap10 pointment.’’. 

11 (b) TECHNICAL AMENDMENT.—Section 808 of such Act 

12 (50 U.S.C. 1908) is amended by adding at the end the fol13 lowing new paragraph: 

14 ‘‘(6) The term ‘intelligence community’ has the 

15 meaning given the term in section 3(4) of the Na16 tional Security Act of 1947 (50 U.S.C. 401a(4)).’’. 

17 SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPARTMENT 

18 OF DEFENSE OF INDIVIDUALS WHO HAVE 

19 SUCCESSFULLY COMPLETED THE REQUIRE20 MENTS OF THE SCIENCE, MATHEMATICS, AND 

21 RESEARCH FOR TRANSFORMATION (SMART) 

22 DEFENSE SCHOLARSHIP PROGRAM. 

23 (a) AUTHORITY FOR EMPLOYMENT.—Subsection (d) of 

24 section 2192a of title 10, United States Code, is amended 

25 to read as follows: 


tjames on PRODPC75 with BILLS
377 

•HR 2647 RH

1 ‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The 

2 Secretary of Defense— 

3 ‘‘(1) may, without regard to any provision of 

4 title 5 governing appointment of employees to posi5 tions in the Department of Defense, appoint to a posi6 tion in the Department of Defense in the excepted 

7 service an individual who has successfully completed 

8 an academic program for which a scholarship or fel9 lowship under this section was awarded and who, 

10 under the terms of the agreement for such scholarship 

11 or fellowship, at the time of such appointment owes 

12 a service commitment to the Department; and 

13 ‘‘(2) may, upon satisfactory completion of two 

14 years of substantially continuous service by an in15 cumbent who was appointed to an excepted service 

16 position under the authority of paragraph (1), con17 vert the appointment of such individual, without 

18 competition, to a career or career conditional ap19 pointment.’’. 

20 (b) CONFORMING AMENDMENT.—Subsection (c)(2) of 

21 such section is amended by striking ‘‘Except as provided 

22 in subsection (d), the’’ in the second sentence and inserting 

23 ‘‘The’’. 

24 (c) TECHNICAL AMENDMENTS.—Subsection (f) of such 

25 section is amended— 


tjames on PRODPC75 with BILLS
378 

•HR 2647 RH

1 (1) by striking the first sentence; and 

2 (2) by striking ‘‘the authorities provided in such 

3 chapter’’ and inserting ‘‘the other authorities provided 

4 in this chapter’’. 

5 (d) REPEAL OF OBSOLETE PROVISION.—Such section 

6 is further amended by striking subsection (g). 

7 SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVID8 UALS WHO HAVE SUCCESSFULLY COMPLETED 

9 THE DEPARTMENT OF DEFENSE INFORMA10 TION ASSURANCE SCHOLARSHIP PROGRAM. 

11 Section 2200a of title 10, United States Code, is 

12 amended by adding at the end the following new subsection: 

13 ‘‘(g) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The 

14 Secretary of Defense— 

15 ‘‘(1) may, without regard to any provision of 

16 title 5 governing appointments in the competitive 

17 service, appoint to an information technology position 

18 in the Department of Defense in the excepted service 

19 an individual who has successfully completed an aca20 demic program for which a scholarship under this 

21 section was awarded and who, under the terms of the 

22 agreement for such scholarship, at the time of such 

23 appointment owes a service commitment to the De24 partment; and 


tjames on PRODPC75 with BILLS
379 

•HR 2647 RH

1 ‘‘(2) may, upon satisfactory completion of two 

2 years of substantially continuous service by an in3 cumbent who was appointed to an excepted service 

4 position under the authority of paragraph (1), con5 vert the appointment of such individual, without 

6 competition, to a career or career conditional ap7 pointment.’’. 

8 SEC. 1104. ADDITIONAL PERSONNEL AUTHORITIES FOR 

9 THE SPECIAL INSPECTOR GENERAL FOR AF10 GHANISTAN RECONSTRUCTION. 

11 Section 1229(h) of the National Defense Authorization 

12 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

13 381) is amended by striking paragraph (1) and inserting 

14 the following: 

15 ‘‘(1) PERSONNEL.— 

16 ‘‘(A) IN GENERAL.—The Inspector General 

17 may select, appoint, and employ such officers 

18 and employees as may be necessary for carrying 

19 out the duties of the Inspector General, subject to 

20 the provisions of title 5, United States Code, gov21 erning appointments in the competitive service, 

22 and the provisions of chapter 51 and subchapter 

23 III of chapter 53 of such title, relating to classi24 fication and General Schedule pay rates. 

25 ‘‘(B) ADDITIONAL AUTHORITIES.— 


tjames on PRODPC75 with BILLS
380 

•HR 2647 RH

1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii), the Inspector General may exercise the 

3 authorities of subsections (b) through (i) of 

4 section 3161 of title 5, United States Code 

5 (without regard to subsection (a) of that sec6 tion). 

7 ‘‘(ii) PERIODS OF APPOINTMENTS.—In 

8 exercising the employment authorities under 

9 subsection (b) of section 3161 of title 5, 

10 United States Code, as provided under 

11 clause (i) of this subparagraph— 

12 ‘‘(I) paragraph (2) of that sub13 section (relating to periods of appoint14 ments) shall not apply; and 

15 ‘‘(II) no period of appointment 

16 may exceed the date on which the Of17 fice of the Special Inspector General 

18 for Afghanistan Reconstruction termi19 nates under subsection (o).’’. 


tjames on PRODPC75 with BILLS
381 

•HR 2647 RH

1 SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 

2 ANNUAL LIMITATION ON PREMIUM PAY AND 

3 AGGREGATE LIMITATION ON PAY FOR FED4 ERAL CIVILIAN EMPLOYEES WORKING OVER5 SEAS. 

6 Subsection (a) of section 1101 of the Duncan Hunter 

7 National Defense Authorization Act for Fiscal Year 2009 

8 (Public Law 110–417; 122 Stat. 4615), is amended by strik9 ing ‘‘calendar year 2009’’ and inserting ‘‘calendar years 

10 2009 and 2010’’. 

11 SEC. 1106. EXTENSION OF CERTAIN BENEFITS TO FEDERAL 

12 CIVILIAN EMPLOYEES ON OFFICIAL DUTY IN 

13 PAKISTAN. 

14 Section 1603(a)(2) of the Emergency Supplemental 

15 Appropriations Act for Defense, the Global War on Terror, 

16 and Hurricane Recovery, 2006 (Public Law 109-234; 120 

17 Stat. 443), as amended by section 1102 of the Duncan 

18 Hunter National Defense Authorization Act for Fiscal Year 

19 2009 (Public Law 110-417;122 Stat. 4616), is amended by 

20 inserting ‘‘Pakistan or’’ after ‘‘is on official duty in’’. 

21 SEC. 1107. AUTHORITY TO EXPAND SCOPE OF PROVISIONS 

22 RELATING TO UNREDUCED COMPENSATION 

23 FOR CERTAIN REEMPLOYED ANNUITANTS. 

24 (a) IN GENERAL.—Section 9902(h) of title 5, United 

25 States Code, is amended— 


tjames on PRODPC75 with BILLS
382 

•HR 2647 RH

1 (1) by redesignating paragraph (3) as para2 graph (4); and 

3 (2) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) Benefits similar to those provided by para6 graphs (1) and (2) may be extended, in accordance 

7 with regulations prescribed by the President, so as to 

8 be made available with respect to reemployed annu9 itants within the Department of Defense who are sub10 ject to such other retirement systems for Government 

11 employees as may be provided for under such regula12 tions.’’. 

13 (b) CONFORMING AMENDMENT.—Paragraph (4) of sec14 tion 9902(h) of such title 5 (as so designated by subsection 

15 (a)(1)) is amended by striking the period and inserting ‘‘, 

16 excluding paragraph (3).’’. 

17 SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE 

18 STRATEGIC WORKFORCE PLANS. 

19 (a) CODIFICATION OF REQUIREMENT FOR STRATEGIC

20 WORKFORCE PLAN.— 

21 (1) IN GENERAL.—Chapter 2 of title 10, United 

22 States Code, is amended by adding after section 115a 

23 the following new section: 


tjames on PRODPC75 with BILLS
383 

•HR 2647 RH

1 ‘‘§ 115b. Annual strategic workforce plan 

2 ‘‘(a) ANNUAL PLAN REQUIRED.—(1) The Secretary of 

3 Defense shall submit to the congressional defense committees 

4 on an annual basis a strategic workforce plan to shape and 

5 improve the civilian employee workforce of the Department 

6 of Defense. 

7 ‘‘(2) The Under Secretary of Defense for Personnel and 

8 Readiness shall have overall responsibility for developing 

9 and implementing the strategic workforce plan, in consulta10 tion with the Under Secretary of Defense for Acquisition, 

11 Technology, and Logistics. 

12 ‘‘(b) CONTENTS.—Each strategic workforce plan under 

13 subsection (a) shall include, at a minimum, the following: 

14 ‘‘(1) An assessment of— 

15 ‘‘(A) the critical skills and competencies 

16 that will be needed in the future within the civil17 ian employee workforce by the Department of 

18 Defense to support national security require19 ments and effectively manage the Department 

20 during the seven-year period following the year 

21 in which the plan is submitted; 

22 ‘‘(B) the appropriate mix of military, civil23 ian, and contractor personnel capabilities; 

24 ‘‘(C) the critical skills and competencies of 

25 the existing civilian employee workforce of the 

26 Department and projected trends in that workVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
384 

•HR 2647 RH

1 force based on expected losses due to retirement 

2 and other attrition; and 

3 ‘‘(D) gaps in the existing or projected civil4 ian employee workforce of the Department that 

5 should be addressed to ensure that the Depart6 ment has continued access to the critical skills 

7 and competencies described in subparagraphs 

8 (A) and (C). 

9 ‘‘(2) A plan of action for developing and reshap10 ing the civilian employee workforce of the Department 

11 to address the gaps in critical skills and competencies 

12 identified under paragraph (1)(D), including— 

13 ‘‘(A) specific recruiting and retention goals, 

14 especially in areas identified as critical skills 

15 and competencies under paragraph (1), includ16 ing the program objectives of the Department to 

17 be achieved through such goals and the funding 

18 needed to achieve such goals; 

19 ‘‘(B) specific strategies for developing, 

20 training, deploying, compensating, and moti21 vating the civilian employee workforce of the De22 partment, including the program objectives of the 

23 Department to be achieved through such strate24 gies and the funding needed to implement such 

25 strategies; 


tjames on PRODPC75 with BILLS
385 

•HR 2647 RH

1 ‘‘(C) any incentives necessary to attract or 

2 retain any civilian personnel possessing the 

3 skills and competencies identified in paragraph 

4 (1); 

5 ‘‘(D) any changes in the number of per6 sonnel authorized in any category of personnel 

7 listed in subsection (f)(1) or in the acquisition 

8 workforce that may be needed to address such 

9 gaps and effectively meet the needs of the Depart10 ment; 

11 ‘‘(E) any changes in the rates or methods of 

12 pay for any category of personnel listed in sub13 section (f)(1) or in the acquisition workforce that 

14 may be needed to address inequities and ensure 

15 that the Department has full access to appro16 priately qualified personnel to address such gaps 

17 and meet the needs of the Department; and 

18 ‘‘(F) any legislative changes that may be 

19 necessary to achieve the goals referred to in sub20 paragraph (A). 

21 ‘‘(3) An assessment, using results-oriented per22 formance measures, of the progress of the Department 

23 in implementing the strategic workforce plan under 

24 this section during the previous year. 


tjames on PRODPC75 with BILLS
386 

•HR 2647 RH

1 ‘‘(4) Any additional matters the Secretary of De2 fense considers necessary to address. 

3 ‘‘(c) SENIOR MANAGEMENT, FUNCTIONAL, AND TECH4 NICAL WORKFORCE.—Each strategic workforce plan under 

5 subsection (a) shall specifically address the shaping and im6 provement of the senior management, functional, and tech7 nical workforce (including scientists and engineers) of the 

8 Department of Defense, including the requirements set forth 

9 in subparagraphs (A) through (F) of subsection (b)(2). 

10 ‘‘(d) DEFENSE ACQUISITION WORKFORCE.—(1) Each 

11 strategic workforce plan under subsection (a) shall specifi12 cally address the shaping and improvement of the defense 

13 acquisition workforce, including both military and civilian 

14 personnel. 

15 ‘‘(2) For purposes of paragraph (1), each plan shall 

16 specifically address— 

17 ‘‘(A) the requirements set forth in subparagraphs 

18 (A) through (F) of subsection (b)(2); 

19 ‘‘(B) a plan for funding needed improvements in 

20 the military and civilian workforce of the Depart21 ment, including— 

22 ‘‘(i) the funding programmed for defense ac23 quisition workforce improvements, including a 

24 specific identification of funding provided in the 

25 Department of Defense Acquisition Workforce 


tjames on PRODPC75 with BILLS
387 

•HR 2647 RH

1 Fund established under section 1705 of this title, 

2 along with a description of how such funding is 

3 being implemented and whether it is being fully 

4 used; and 

5 ‘‘(ii) a description of any continuing short6 falls in funding available for the acquisition 

7 workforce. 

8 ‘‘(e) SUBMITTALS BY SECRETARIES OF THE MILITARY

9 DEPARTMENTS AND HEADS OF THE DEFENSE AGENCIES.— 

10 The Secretary of Defense shall require the Secretary of each 

11 military department and the head of each Defense Agency 

12 to submit a report to the Secretary addressing each of the 

13 matters described in this section. The Secretary of Defense 

14 shall establish a deadline for the submittal of reports under 

15 this subsection that enables the Secretary to consider the 

16 material submitted in a timely manner and incorporate 

17 such material, as appropriate, into the strategic workforce 

18 plan required by this section. 

19 ‘‘(f) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘senior management, functional, 

21 and technical workforce of the Department of Defense’ 

22 includes the following categories of Department of De23 fense civilian personnel: 

24 ‘‘(A) Appointees in the Senior Executive 

25 Service under section 3131 of title 5. 


tjames on PRODPC75 with BILLS
388 

•HR 2647 RH

1 ‘‘(B) Persons serving in positions described 

2 in section 5376(a) of title 5. 

3 ‘‘(C) Highly qualified experts appointed 

4 pursuant to section 9903 of title 5. 

5 ‘‘(D) Scientists and engineers appointed 

6 pursuant to section 342(b) of the National De7 fense Authorization Act for Fiscal Year 1995 

8 (Public Law 103–337; 108 Stat. 2721), as 

9 amended by section 1114 of the Floyd D. Spence 

10 National Defense Authorization Act for Fiscal 

11 Year 2001 (as enacted into law by Public Law 

12 106-398 (114 Stat. 1654A-315)). 

13 ‘‘(E) Scientists and engineers appointed 

14 pursuant to section 1101 of the Strom Thurmond 

15 National Defense Authorization Act for Fiscal 

16 Year 1999 (5 U.S.C. 3104 note). 

17 ‘‘(F) Persons serving in the Defense Intel18 ligence Senior Executive Service under section 

19 1606 of this title. 

20 ‘‘(G) Persons serving in Intelligence Senior 

21 Level positions under section 1607 of this title. 

22 ‘‘(2) The term ‘acquisition workforce’ includes 

23 individuals designated under section 1721 as filling 

24 acquisition positions.’’. 


tjames on PRODPC75 with BILLS
389 

•HR 2647 RH

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of chapter 2 of such title is 

3 amended by inserting after the item relating to sec4 tion 115a the following new item: 

‘‘115b. Annual strategic workforce plan.’’. 

5 (b) COMPTROLLER GENERAL REVIEW.—Not later than 

6 180 days after the date on which the Secretary of Defense 

7 submits to the congressional defense committees an annual 

8 strategic workforce plan under section 115b of title 10, 

9 United States Code (as added by subsection (a)), in each 

10 of 2009, 2010, 201, and 2012, the Comptroller General of 

11 the United States shall submit to the congressional defense 

12 committees a report on the plan so submitted. 

13 (c) CONFORMING REPEALS.—The following provisions 

14 are repealed: 

15 (1) Section 1122 of the National Defense Author16 ization Act for Fiscal Year 2006 (Public Law 109- 

17 163; 119 Stat. 3452; 10 U.S.C. note prec. 1580). 

18 (2) Section 1102 of the John Warner National 

19 Defense Authorization Act for Fiscal Year 2007 (Pub20 lic Law 109-364; 120 Stat. 2407). 

21 (3) Section 851 of the National Defense Author22 ization Act for Fiscal Year 2008 (Public Law 110- 

23 181; 122 Stat. 247; 10 U.S.C. note prec. 1580). 


tjames on PRODPC75 with BILLS
390 

•HR 2647 RH

1 SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL 

2 AND REQUIREMENT FOR ANNUAL MANPOWER 

3 REPORTING. 

4 (a) AMENDMENTS.—Section 1111 of the Duncan 

5 Hunter National Defense Authorization Act for Fiscal Year 

6 2009 (Public Law 110–417; 122 Stat. 4619) is amended— 

7 (1) in paragraph (1) of subsection (b), by strik8 ing ‘‘requirements of—’’ and all that follows through 

9 the end of subparagraph (C) and inserting ‘‘the re10 quirements of section 115b of this title; or’’; 

11 (2) in paragraph (2) of subsection (b), by strik12 ing ‘‘purposes described in paragraphs (1) through 

13 (4) of subsection (c).’’ and inserting the following: 

14 ‘‘any of the following purposes: 

15 ‘‘(A) Performance of inherently govern16 mental functions. 

17 ‘‘(B) Performance of work pursuant to sec18 tion 2463 of title 10, United States Code. 

19 ‘‘(C) Ability to maintain sufficient organic 

20 expertise and technical capability. 

21 ‘‘(D) Performance of work that, while the 

22 position may not exercise an inherently govern23 mental function, nevertheless should be performed 

24 only by officers or employees of the Federal Gov25 ernment or members of the Armed Forces because 

26 of the critical nature of the work.’’; and 


tjames on PRODPC75 with BILLS
391 

•HR 2647 RH

1 (3) by striking subsections (c) and (d). 

2 (b) CONSOLIDATED ANNUAL REPORT.— 

3 (1) INCLUSION IN ANNUAL DEFENSE MANPOWER

4 REQUIREMENTS REPORT.—Section 115a of title 10, 

5 United States Code, is amended by inserting after 

6 subsection (e) the following new subsection: 

7 ‘‘(f) The Secretary shall also include in each such re8 port the following information with respect to personnel as9 signed to or supporting major Department of Defense head10 quarters activities: 

11 ‘‘(1) The military end strength and civilian full12 time equivalents assigned to major Department of De13 fense headquarters activities for the preceding fiscal 

14 year and estimates of such numbers for the current 

15 fiscal year and the budget fiscal year. 

16 ‘‘(2) A summary of the replacement during the 

17 preceding fiscal year of contract workyears providing 

18 support to major Department of Defense headquarters 

19 activities with military end strength or civilian full20 time equivalents, including an estimate of the number 

21 of contract workyears associated with the replacement 

22 of contracts performing inherently governmental or 

23 exempt functions. 

24 ‘‘(3) The plan for the continued review of con25 tract personnel supporting major Department of DeVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
392 

•HR 2647 RH

1 fense headquarters activities for possible conversion to 

2 military or civilian performance in accordance with 

3 section 2463 of this title. 

4 ‘‘(4) The amount of any adjustment in the limi5 tation on personnel made by the Secretary of Defense 

6 or the Secretary of a military department, and, for 

7 each adjustment made pursuant to section 1111(b)(2) 

8 of the Duncan Hunter National Defense Authoriza9 tion Act for Fiscal Year 2009 (10 U.S.C. 143 note), 

10 the purpose of the adjustment.’’ 

11 (2) TECHNICAL AMENDMENTS TO REFLECT NAME

12 OF REPORT.— 

13 (A) Subsection (a) of section 115a of such 

14 title is amended by inserting ‘‘defense’’ before 

15 ‘‘manpower requirements report.’’ 

16 (B)(i) The heading of such section is 

17 amended to read as follows: 

18 ‘‘§ 115. Annual defense manpower requirements re19 port’’. 

20 (ii) The item relating to such section 

21 in the table of sections at the beginning of 

22 chapter 2 of such title is amended to read 

23 as follows: 

‘‘115a. Annual defense manpower requirements report.’’. 

24 (3) CONFORMING REPEAL.—Subsections (b) and 

25 (c) of section 901 of the National Defense AuthorizaVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
393 

•HR 2647 RH

1 tion Act for Fiscal Year 2008 (Public Law 110–181; 

2 122 Stat. 272; 10 U.S.C. 221 note) are repealed. 

3 SEC. 1110. MODIFICATION TO DEPARTMENT OF DEFENSE 

4 LABORATORY PERSONNEL AUTHORITY. 

5 (a) ADDITIONAL SCIENCE AND TECHNOLOGY REINVEN6 TION LABORATORIES.— 

7 (1) DESIGNATION.—Each of the following is 

8 hereby designated as a Department of Defense science 

9 and technology reinvention laboratory (as described 

10 in section 342(b) of the National Defense Authoriza11 tion Act for Fiscal Year 1995 (Public Law 103-337; 

12 108 Stat. 2721): 

13 (A) The Tank and Automotive Research De14 velopment and Engineering Center. 

15 (B) The Armament Research Development 

16 and Engineering Center. 

17 (C) The Naval Air Warfare Center, Weap18 ons Division. 

19 (D) The Naval Air Warfare Center, Aircraft 

20 Division. 

21 (E) The Space and Naval Warfare Systems 

22 Center, Pacific. 

23 (F) The Space and Naval Warfare Systems 

24 Center, Atlantic. 


tjames on PRODPC75 with BILLS
394 

•HR 2647 RH

1 (2) CONVERSION PROCEDURES.—The Secretary 

2 of Defense shall implement procedures to convert the 

3 civilian personnel of each facility identified in para4 graph (1) from their current personnel system to the 

5 personnel system under an appropriate demonstration 

6 project (as referred to in such section 342(b)). Any 

7 conversion under this paragraph— 

8 (A) shall not adversely affect any employee 

9 with respect to pay or any other term or condi10 tion of employment; 

11 (B) shall be consistent with the terms of any 

12 collective bargaining agreement which might 

13 apply; and 

14 (C) shall be completed within 18 months 

15 after the date of the enactment of this Act. 

16 (b) EXCLUSION FROM NATIONAL SECURITY PER17 SONNEL SYSTEM.— 

18 (1) IN GENERAL.—Section 9902(c)(2) of title 5, 

19 United States Code, is amended— 

20 (A) in subparagraph (I), by striking ‘‘and’’ 

21 after the semicolon; 

22 (B) in subparagraph (J), by striking the 

23 period and inserting ‘‘; and’’; and 

24 (C) by adding after subparagraph (J) the 

25 following: 


tjames on PRODPC75 with BILLS
395 

•HR 2647 RH

1 ‘‘(K) the Tank and Automotive Research 

2 Development and Engineering Center; 

3 ‘‘(L) the Armament Research Development 

4 and Engineering Center; 

5 ‘‘(M) the Naval Air Warfare Center, Weap6 ons Division; 

7 ‘‘(N) the Naval Air Warfare Center, Air8 craft Division; 

9 ‘‘(O) the Space and Naval Warfare Systems 

10 Center, Pacific; and 

11 ‘‘(P) the Space and Naval Warfare Systems 

12 Center, Atlantic.’’. 

13 (2) EXTENSION OF PERIOD OF EXCLUSION.—Sec14 tion 9902(c)(1) of title 5, United States Code, is 

15 amended by striking ‘‘2011’’ each place it appears 

16 and inserting ‘‘2014’’. 

17 SEC. 1111. PILOT PROGRAM FOR THE TEMPORARY EX18 CHANGE OF INFORMATION TECHNOLOGY 

19 PERSONNEL. 

20 (a) ASSIGNMENT AUTHORITY.—The Secretary of De21 fense may, with the agreement of the private sector organi22 zation concerned, arrange for the temporary assignment of 

23 an employee to such private sector organization, or from 

24 such private sector organization to a Department of Defense 


tjames on PRODPC75 with BILLS
396 

•HR 2647 RH

1 organization under this section. An employee shall be eligi2 ble for such an assignment only if— 

3 (1) the employee— 

4 (A) works in the field of information tech5 nology management; 

6 (B) is considered to be an exceptional em7 ployee; 

8 (C) is expected to assume increased infor9 mation technology management responsibilities 

10 in the future; and 

11 (D) is compensated at not less than the GS– 

12 11 level (or the equivalent); and 

13 (2) the proposed assignment meets applicable re14 quirements of section 209(b) of the E-Government Act 

15 of 2002 (44 U.S.C. 3501 note). 

16 (b) AGREEMENTS.—The Secretary of Defense shall pro17 vide for a written agreement between the Department of De18 fense and the employee concerned regarding the terms and 

19 conditions of the employee’s assignment under this section. 

20 The agreement— 

21 (1) shall require that Department of Defense em22 ployees, upon completion of the assignment, will serve 

23 in the civil service for a period equal to the length of 

24 the assignment; and 


tjames on PRODPC75 with BILLS
397 

•HR 2647 RH

1 (2) shall provide that if the Department of De2 fense or private sector employee fails to carry out the 

3 agreement, such employee shall be liable to the United 

4 States for payment of all expenses of the assignment, 

5 unless that failure was for good and sufficient reason 

6 (as determined by the Secretary of Defense). 

7 An amount for which an employee is liable under para8 graph (2) shall be treated as a debt due the United States. 

9 (c) TERMINATION.—An assignment under this section 

10 may, at any time and for any reason, be terminated by 

11 the Department of Defense or the private sector organiza12 tion concerned. 

13 (d) DURATION.—An assignment under this section 

14 shall be for a period of not less than 3 months and not 

15 more than 1 year, and may be extended in 3-month incre16 ments for a total of not more than 1 additional year; how17 ever, no assignment under this section may commence after 

18 September 30, 2013. 

19 (e) CONSIDERATIONS.—In carrying out this section, 

20 the Secretary of Defense— 

21 (1) shall ensure that, of the assignments made 

22 under this section each year, at least 20 percent are 

23 from small business concerns (as defined by section 

24 3703(e)(2)(A) of title 5, United States Code); and 


tjames on PRODPC75 with BILLS
398 

•HR 2647 RH

1 (2) shall take into consideration the question of 

2 how assignments under this section might best be used 

3 to help meet the needs of the Department of Defense 

4 with respect to the training of employees in informa5 tion technology management. 

6 (f) NUMERICAL LIMITATION.—In no event may more 

7 than 10 employees be participating in assignments under 

8 this section as of any given time. 

9 (g) REPORTING REQUIREMENT.—For each of fiscal 

10 years 2010 through 2015, the Secretary of Defense shall sub11 mit to the congressional defense committees, not later than 

12 1 month after the end of the fiscal year involved, a report 

13 on any activities carried out under this section during such 

14 fiscal year, including information concerning— 

15 (1) the respective organizations (as referred to in 

16 subsection (a)) to and from which any employee was 

17 assigned under this section; 

18 (2) the positions those employees held while they 

19 were so assigned; and 

20 (3) a description of the tasks they performed 

21 while they were so assigned. 

22 (h) REPEAL OF SUPERSEDED SECTION.—Section 1109 

23 of the National Defense Authorization Act for Fiscal Year 

24 2008 (Public Law 110-181; 122 Stat. 358) is repealed, ex25 cept that— 


tjames on PRODPC75 with BILLS
399 

•HR 2647 RH

1 (1) nothing in this subsection shall, in the case 

2 of any assignment commencing under such section 

3 1109 on or before the date of the enactment of this 

4 Act, affect— 

5 (A) the duration of such assignment or the 

6 authority to extend such assignment in accord7 ance with subsection (d) of such section 1109, as 

8 last in effect; or 

9 (B) the terms or conditions of the agreement 

10 governing such assignment, including with re11 spect to any service obligation under subsection 

12 (b) thereof; and 

13 (2) any employee whose assignment is allowed to 

14 continue by virtue of paragraph (1) shall be taken 

15 into account for purposes of— 

16 (A) the numerical limitation under sub17 section (f); and 

18 (B) the reporting requirement under sub19 section (g). 

20 SEC. 1112. PROVISIONS RELATING TO THE NATIONAL SECU21 RITY PERSONNEL SYSTEM. 

22 (a) DEFINITIONS.—For purposes of this section— 

23 (1) the term ‘‘National Security Personnel Sys24 tem’’ or ‘‘NSPS’’ refers to a human resources manageVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00399 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
400 

•HR 2647 RH

1 ment system established under authority of chapter 99 

2 of title 5, United States Code; and 

3 (2) the term ‘‘statutory pay sytem’’ means a pay 

4 system under— 

5 (A) subchapter III of chapter 53 of title 5, 

6 United States Code (relating to General Schedule 

7 pay rates); 

8 (B) subchapter IV of chapter 53 of title 5, 

9 United States Code (relating to prevailing rate 

10 systems); or 

11 (C) such other provisions of law as would 

12 apply if chapter 99 of title 5, United States 

13 Code, had never been enacted. 

14 (b) REQUIREMENT THAT ALL APPOINTMENTS MADE

15 AFTER JUNE 16, 2009, BE SUBJECT TO THE APPROPRIATE

16 STATUTORY PAY SYSTEM AND NOT NSPS.—Notwith17 standing any other provision of law— 

18 (1) the National Security Personnel System— 

19 (A) shall not apply to any individual who 

20 is not subject to such System as of June 16, 

21 2009; and 

22 (B) shall not apply to any position which 

23 is not subject to such System as of June 16, 

24 2009; and 


tjames on PRODPC75 with BILLS
401 

•HR 2647 RH

1 (2) any individual who, after June 16, 2009, is 

2 appointed to any position within the Department of 

3 Defense shall accordingly be subject to the statutory 

4 pay system and all other aspects of the personnel sys5 tem which would otherwise apply (with respect to the 

6 individual or position involved) if the National Secu7 rity Personnel System had never been established. 

8 (c) TERMINATION OF NSPS AND CONVERSION OF ANY

9 EMPLOYEES AND POSITIONS REMAINING SUBJECT TO

10 NSPS.— 

11 (1) IN GENERAL.—The Secretary of Defense shall 

12 take all actions which may be necessary to provide, 

13 within 12 months after the date of enactment of this 

14 Act, for the termination of the National Security Per15 sonnel System and for the conversion of any employ16 ees and positions which, as of such date of enactment, 

17 remain subject to such System, to— 

18 (A) the statutory pay system and all other 

19 aspects of the personnel system that last applied 

20 to such employee or position (as the case may be) 

21 before the National Security Personnel System 

22 applied; or 

23 (B) if subparagraph (A) does not apply, the 

24 statutory pay system and all other aspects of the 

25 personnel system that would have applied if the 


tjames on PRODPC75 with BILLS
402 

•HR 2647 RH

1 National Security Personnel System had never 

2 been established. 

3 No employee shall suffer any loss of or decrease in 

4 pay because of the preceding sentence. 

5 (2) REPORT.—If the Secretary of Defense is of 

6 the view that the National Security Personnel System 

7 should not be terminated in accordance with para8 graph (1), the Secretary shall submit to the President 

9 and both Houses of Congress as soon as practicable, 

10 but in no event later than 6 months after the date of 

11 the enactment of this Act, a written report setting 

12 forth a statement of the Secretary’s views and the rea13 sons therefor. Such report shall specifically include— 

14 (A) the Secretary’s opinion as to whether 

15 the System should be continued with or without 

16 changes; and 

17 (B) if, in the opinion of the Secretary, the 

18 System should be continued with changes— 

19 (i) a detailed description of the pro20 posed changes; and 

21 (ii) a description of any administra22 tive action or legislation which may be nec23 essary. 

24 (d) RESTORATION OF FULL ANNUAL PAY ADJUST25 MENTS UNDER NSPS PENDING ITS TERMINATION.—SecVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00402 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
403 

•HR 2647 RH

1 tion 9902(e)(7) of title 5, United States Code, is amended 

2 by striking ‘‘no less than 60 percent’’ and all that follows 

3 and inserting ‘‘the full amount of such adjustment.’’. 

4 SEC. 1113. PROVISIONS RELATING TO THE DEFENSE CIVIL5 IAN INTELLIGENCE PERSONNEL SYSTEM. 

6 (a) DEFINITIONS.—For purposes of this section— 

7 (1) the term ‘‘covered position’’ means a defense 

8 intelligence position in the Department of Defense es9 tablished under chapter 83 of title 10, United States 

10 Code, excluding an Intelligence Senior Level position 

11 designated under section 1607 of such title and any 

12 position in the Defense Intelligence Senior Executive 

13 Service; 

14 (2) the term ‘‘DCIPS pay system’’, as used with 

15 respect to a covered position, means the provisions of 

16 the Defense Civilian Intelligence Personnel System 

17 under which the rate of salary or basic pay for such 

18 position is determined, excluding any provisions re19 lating to bonuses, awards, or any other amounts not 

20 in the nature of salary or basic pay; 

21 (3) the term ‘‘Defense Civilian Intelligence Per22 sonnel System’’ means the personnel system estab23 lished under chapter 83 of title 10, United States 

24 Code; and 


tjames on PRODPC75 with BILLS
404 

•HR 2647 RH

1 (4) the term ‘‘appropriate pay system’’, as used 

2 with respect to a covered position, means— 

3 (A) the system under which, as of Sep4 tember 30, 2007, the rate of salary or basic pay 

5 for such position was determined; or 

6 (B) if subparagraph (A) does not apply, the 

7 system under which, as of September 30, 2007, 

8 the rate of salary or basic pay was determined 

9 for the positions within the Department of De10 fense most similar to the position involved, 

11 excluding any provisions relating to bonuses, awards, 

12 or any other amounts which are not in the nature of 

13 salary or basic pay. 

14 (b) REQUIREMENT THAT APPOINTMENTS TO COVERED

15 POSITIONS AFTER JUNE 16, 2009, BE SUBJECT TO THE

16 APPROPRIATE PAY SYSTEM.—Notwithstanding any other 

17 provision of law— 

18 (1) the DCIPS pay system— 

19 (A) shall not apply to any individual hold20 ing a covered position who is not subject to such 

21 system as of June 16, 2009; and 

22 (B) shall not apply to any covered position 

23 which is not subject to such system as of June 

24 16, 2009; and 


tjames on PRODPC75 with BILLS
405 

•HR 2647 RH

1 (2) any individual who, after June 16, 2009, is 

2 appointed to a covered position shall accordingly be 

3 subject to the appropriate pay system. 

4 (c) TERMINATION OF DCIPS PAY SYSTEM FOR COV5 ERED POSITIONS AND CONVERSION OF EMPLOYEES HOLD6 ING COVERED POSITIONS TO THE APPROPRIATE PAY SYS7 TEM.— 

8 (1) IN GENERAL.—The Secretary of Defense shall 

9 take all actions which may be necessary to provide, 

10 within 12 months after the date of enactment of this 

11 Act, for the termination of the DCIPS pay system 

12 with respect to covered positions and for the conver13 sion of any employees holding any covered positions 

14 which, as of such date of enactment, remain subject 

15 to the DCIPS pay system, to the appropriate pay sys16 tem. No employee shall suffer any loss of or decrease 

17 in pay because of the preceding sentence. 

18 (2) REPORT.—If the Secretary of Defense is of 

19 the view that the DCIPS pay system should not be 

20 terminated with respect to covered positions, as re21 quired by paragraph (1), the Secretary shall submit 

22 to the President and both Houses of Congress as soon 

23 as practicable, but in no event later than 6 months 

24 after the date of the enactment of this Act, a written 

25 report setting forth a statement of the Secretary’s 


tjames on PRODPC75 with BILLS
406 

•HR 2647 RH

1 views and the reasons therefor. Such report shall spe2 cifically include— 

3 (A) the Secretary’s opinion as to whether 

4 the DCIPS pay system should be continued, with 

5 or without changes, with respect to covered posi6 tions; and 

7 (B) if, in the opinion of the Secretary, the 

8 DCIPS pay system should be continued with re9 spect to covered positions, with changes— 

10 (i) a detailed description of the pro11 posed changes; and 

12 (ii) a description of any administra13 tive action or legislation which may be nec14 essary. 

15 The requirements of this paragraph shall be carried 

16 out by the Secretary of Defense in conjunction with 

17 the Director of the Office of Personnel Management. 

18 (d) RULE OF CONSTRUCTION.—Nothing in this section 

19 shall be considered to affect— 

20 (1) the provisions of the Defense Civilian Intel21 ligence Personnel System governing aspects of com22 pensation apart from salary or basic pay; or 

23 (2) the application of such provisions with re24 spect to a covered position or any individual holding 

25 a covered position, including after June 16, 2009. 


tjames on PRODPC75 with BILLS
407 

•HR 2647 RH

1 SEC. 1114. SENSE OF CONGRESS ON PAY PARITY FOR FED2 ERAL EMPLOYEES SERVICE AT JOINT BASE 

3 MCGUIRE/DIX/LAKEHURST. 

4 It is the sense of Congress that for the purposes of de5 termining any pay for an employee serving at Joint Base 

6 McGuire/Dix/Lakehurst— 

7 (1) the pay schedules and rates to be used shall 

8 be the same as if such employee were serving in the 

9 pay locality, wage area, or other area of locality 

10 (whichever would apply to determine pay for the em11 ployees involved) that includes Ocean County, New 

12 Jersey; and 

13 (2) the Office of Personnel Management should 

14 develop regulations to ensure pay parity for employ15 ees serving at Joint Bases. 

16 TITLE XII—MATTERS RELATING 

17 TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Modification and extension of authority for security and stabilization 

assistance. 

Sec. 1202. Increase 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. 

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

Sec. 1211. Limitation on availability of funds for certain purposes relating to 

Iraq. 

Sec. 1212. Reauthorization of Commanders’ Emergency Response Program. 

Sec. 1213. Reimbursement of certain Coalition nations for support provided to 

United States military operations. 

Sec. 1214. Pakistan Counterinsurgency Fund. 


tjames on PRODPC75 with BILLS
408 

•HR 2647 RH

Sec. 1215. Program to provide for the registration and end-use monitoring of defense articles and defense services transferred to Afghanistan and 

Pakistan. 

Sec. 1216. Reports on campaign plans for Iraq and Afghanistan. 

Sec. 1217. Required assessments of United States efforts in Afghanistan. 

Sec. 1218. Report on responsible redeployment of United States Armed Forces 

from Iraq. 

Sec. 1219. Report on Afghan Public Protection Program. 

Sec. 1220. Updates of report on command and control structure for military 

forces operating in Afghanistan. 

Sec. 1221. Report on payments made by United States Armed Forces to residents 

of Afghanistan as compensation for losses caused by United 

States military operations. 

Sec. 1222. Assessment and report on United States-Pakistan military relations 

and cooperation. 

Sec. 1223. Required assessments of progress toward security and stability in 

Pakistan. 

Sec. 1224. Repeal of GAO war-related reporting requirement. 

Sec. 1225. Plan to govern the disposition of specified defense items in Iraq. 

Sec. 1226. Civilian ministry of defense advisor program. 

Sec. 1227. Report on the status of interagency coordination in the Afghanistan 

and Operation Enduring Freedom theater of operations. 

Sec. 1228. Sense of Congress supporting United States policy for Afghanistan. 

Sec. 1229. Analysis of required force levels and types of forces needed to secure 

southern and eastern regions of Afghanistan. 

Subtitle C—Other Matters 

Sec. 1231. NATO Special Operations Coordination Center. 

Sec. 1232. Annual report on military power of the Islamic Republic of Iran. 

Sec. 1233. Annual report on military and security developments involving the 

People’s Republic of China. 

Sec. 1234. Report on impacts of drawdown authorities on the Department of Defense. 

Sec. 1235. Risk assessment of United States space export control policy. 

Sec. 1236. Patriot air and missile defense battery in Poland. 

Sec. 1237. Report on potential foreign military sales of the F-22A fighter aircraft 

to Japan. 

Sec. 1238. Expansion of United States-Russian Federation joint center to include 

exchange of data on missile defense. 

1 Subtitle A—Assistance and 

2 Training 

3 SEC. 1201. MODIFICATION AND EXTENSION OF AUTHORITY 

4 FOR SECURITY AND STABILIZATION ASSIST5 ANCE. 

6 (a) MODIFICATION.—Subsection (b) of section 1207 of 

7 the National Defense Authorization Act for Fiscal Year 


tjames on PRODPC75 with BILLS
409 

•HR 2647 RH

1 2006 (Public Law 109–163; 119 Stat. 3458), as amended 

2 by section 1207(b) of the Duncan Hunter National Defense 

3 Authorization Act for Fiscal Year 2009 (Public Law 110– 

4 417; 122 Stat. 4626), is further amended— 

5 (1) by striking ‘‘(b) LIMITATION.—’’ and all that 

6 follows through ‘‘the aggregate value’’ and inserting 

7 ‘‘(b) LIMITATION.—The aggregate value’’; 

8 (2) by striking ‘‘$100,000,000’’ and inserting 

9 ‘‘$25,000,000’’; and 

10 (3) by striking paragraph (2). 

11 (b) EXTENSION OF AUTHORITY.—Subsection (g) of 

12 such section, as most recently amended by section 1207(c) 

13 of the Duncan Hunter National Defense Authorization Act 

14 for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

15 4626), is further amended by striking ‘‘September 30, 2009’’ 

16 and inserting ‘‘September 30, 2010’’. 

17 (c) EFFECTIVE DATE.—The amendments made by this 

18 section shall take effect on October 1, 2009. 

19 SEC. 1202. INCREASE OF AUTHORITY FOR SUPPORT OF SPE20 CIAL OPERATIONS TO COMBAT TERRORISM. 

21 Section 1208(a) of the Ronald W. Reagan National 

22 Defense Authorization Act for Fiscal Year 2005 (Public 

23 Law 108–375; 118 Stat. 2086), as amended by section 

24 1208(a) of the Duncan Hunter National Defense Authoriza25 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 


tjames on PRODPC75 with BILLS
410 

•HR 2647 RH

1 Stat. 4626), is further amended by striking ‘‘$35,000,000’’ 

2 and inserting ‘‘$50,000,000’’. 

3 SEC. 1203. MODIFICATION OF REPORT ON FOREIGN-ASSIST4 ANCE RELATED PROGRAMS CARRIED OUT BY 

5 THE DEPARTMENT OF DEFENSE. 

6 (a) AMENDMENT.—Section 1209 of the National De7 fense Authorization Act for Fiscal Year 2008 (Public Law 

8 110–181; 122 Stat. 368) is amended— 

9 (1) in subsection (a), by striking ‘‘180 days after 

10 the date of the enactment of this Act’’ and inserting 

11 ‘‘February 1 of each year’’; and 

12 (2) in subsection (b)(1)— 

13 (A) in subparagraph (G), by striking ‘‘and’’ 

14 at the end; and 

15 (B) by adding at the end the following new 

16 subparagraph: 

17 ‘‘(I) subsection (b)(6) of section 166a of title 

18 10, United States Code; and’’. 

19 (b) REPORT FOR FISCAL YEARS 2008 AND 2009.—The 

20 report required to be submitted not later than February 1, 

21 2010, under section 1209(a) of the National Defense Author22 ization Act for Fiscal Year 2008, as amended by subsection 

23 (a), shall include information required under such section 

24 with respect to fiscal years 2008 and 2009. 


tjames on PRODPC75 with BILLS
411 

•HR 2647 RH

1 SEC. 1204. REPORT ON AUTHORITIES TO BUILD THE CAPAC2 ITY OF FOREIGN MILITARY FORCES AND RE3 LATED MATTERS. 

4 (a) REPORT REQUIRED.—Not later than March 1, 

5 2010, the President shall transmit to the congressional com6 mittees specified in subsection (b) a report on the following: 

7 (1) The relationship between authorities of the 

8 Department of Defense to conduct security coopera9 tion programs to train and equip, or otherwise build 

10 the capacity of, foreign military forces and security 

11 assistance authorities of the Department of State and 

12 other foreign assistance agencies to provide assistance 

13 to train and equip, or otherwise build the capacity of, 

14 foreign military forces, including the distinction, if 

15 any, between the purposes of such authorities, the 

16 processes to generate requirements to satisfy the pur17 poses of such authorities, and the contribution such 

18 authorities make to the core missions of each such de19 partment and agency. 

20 (2) The strengths and weaknesses of the Foreign 

21 Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the 

22 Arms Export Control Act (22 U.S.C. 2171 et seq.), 

23 title 10, United States Code, and any other provision 

24 of law relating to training and equipping, or other25 wise building the capacity of, foreign military forces, 

26 including to conduct counterterrorist operations or 


tjames on PRODPC75 with BILLS
412 

•HR 2647 RH

1 participate in or support military and stability oper2 ations in which the United State Armed Forces are 

3 a participant. 

4 (3) The changes, if any, that should be made to 

5 the provisions of law described in paragraph (2) that 

6 would improve the ability of the United States Gov7 ernment to train and equip, or otherwise build the ca8 pacity of, foreign military forces, including to con9 duct counterterrorist operations or participate in or 

10 support military and stability operations in which 

11 the United State Armed Forces are a participant. 

12 (4) The organizational and procedural changes, 

13 if any, that should be made in the Department of De14 fense and the Department of State and other foreign 

15 assistance agencies to improve the ability of such de16 partments and agencies to conduct programs to train 

17 and equip, or otherwise build the capacity of, foreign 

18 military forces, including to conduct counterterrorist 

19 operations or participate in or support military and 

20 stability operations in which the United State Armed 

21 Forces are a participant. 

22 (5) The resources and funding mechanisms re23 quired to ensure adequate funding for such programs. 


tjames on PRODPC75 with BILLS
413 

•HR 2647 RH

1 (b) SPECIFIED CONGRESSIONAL COMMITTEES.—The 

2 congressional committees specified in this subsection are the 

3 following: 

4 (1) The Committee on Armed Services, the Com5 mittee on Foreign Affairs, and the Committee on Ap6 propriations of the House of Representatives. 

7 (2) The Committee on Armed Services, the Com8 mittee on Foreign Relations, and the Committee on 

9 Appropriations of the Senate. 

10 Subtitle B—Matters Relating to 

11 Iraq, Afghanistan, and Pakistan 

12 SEC. 1211. LIMITATION ON AVAILABILITY OF FUNDS FOR 

13 CERTAIN PURPOSES RELATING TO IRAQ. 

14 No funds appropriated pursuant to an authorization 

15 of appropriations in this Act may be obligated or expended 

16 for a purpose as follows: 

17 (1) To establish any military installation or base 

18 for the purpose of providing for the permanent sta19 tioning of United States Armed Forces in Iraq. 

20 (2) To exercise United States control of the oil 

21 resources of Iraq. 

22 SEC. 1212. REAUTHORIZATION OF COMMANDERS’ EMER23 GENCY RESPONSE PROGRAM. 

24 (a) AUTHORITY FOR FISCAL YEAR 2010.—Subsection 

25 (a) of section 1202 of the National Defense Authorization 


tjames on PRODPC75 with BILLS
414 

•HR 2647 RH

1 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

2 3455), as most recently amended by section 1214 of the 

3 Duncan Hunter National Defense Authorization Act for 

4 Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4360), 

5 is further amended— 

6 (1) in the heading, by striking ‘‘FISCAL YEARS

7 2008 AND 2009’’ and inserting ‘‘FISCAL YEAR 2010’’; 

8 and 

9 (2) in the matter preceding paragraph (1)— 

10 (A) by striking ‘‘each of fiscal years 2008 

11 and 2009’’ and inserting ‘‘fiscal year 2010’’; and 

12 (B) by striking ‘‘$1,700,000,000 in fiscal 

13 year 2008 and $1,500,000,000 in fiscal year 

14 2009’’ and inserting ‘‘$1,300,000,000 in fiscal 

15 year 2010’’. 

16 (b) QUARTERLY REPORTS.—Subsection (b) of such sec17 tion is amended by striking ‘‘fiscal years 2008 and 2009’’ 

18 and inserting ‘‘fiscal year 2010’’. 

19 SEC. 1213. REIMBURSEMENT OF CERTAIN COALITION NA20 TIONS FOR SUPPORT PROVIDED TO UNITED 

21 STATES MILITARY OPERATIONS. 

22 (a) AUTHORITY.—From funds made available for the 

23 Department of Defense by section 1510 for operation and 

24 maintenance, Defense-wide activities, the Secretary of De25 fense may reimburse any key cooperating nation for 


tjames on PRODPC75 with BILLS
415 

•HR 2647 RH

1 logistical and military support provided by that nation to 

2 or in connection with United States military operations in 

3 Operation Iraqi Freedom or Operation Enduring Freedom. 

4 (b) AMOUNTS OF REIMBURSEMENT.—Reimbursement 

5 authorized by subsection (a) may be made in such amounts 

6 as the Secretary of Defense, with the concurrence of the Sec7 retary of State and in consultation with the Director of the 

8 Office of Management and Budget, may determine, based 

9 on documentation determined by the Secretary of Defense 

10 to adequately account for the support provided. 

11 (c) LIMITATIONS.— 

12 (1) LIMITATION ON AMOUNT.—The total amount 

13 of reimbursements made under the authority in sub14 section (a) during fiscal year 2010 may not exceed 

15 $1,600,000,000. 

16 (2) PROHIBITION ON CONTRACTUAL OBLIGATIONS

17 TO MAKE PAYMENTS.—The Secretary of Defense may 

18 not enter into any contractual obligation to make a 

19 reimbursement under the authority in subsection (a). 

20 (d) NOTICE TO CONGRESS.—The Secretary of Defense 

21 shall notify the appropriate congressional committees not 

22 less than 15 days before making any reimbursement under 

23 the authority in subsection (a). In the case of any reim24 bursement to Pakistan under the authority in subsection 

25 (a), such notification shall be made in accordance with the 


tjames on PRODPC75 with BILLS
416 

•HR 2647 RH

1 notification requirements under section 1232(b) of the Na2 tional Defense Authorization Act for Fiscal Year 2008 (Pub3 lic Law 110–181; 122 Stat. 392). 

4 (e) QUARTERLY REPORTS.—The Secretary of Defense 

5 shall submit to the appropriate congressional committees on 

6 a quarterly basis a report on any reimbursements made 

7 under the authority in subsection (a) during such quarter. 

8 (f) EXTENSION OF NOTIFICATION REQUIREMENT RE9 LATING TO DEPARTMENT OF DEFENSE COALITION SUP10 PORT FUNDS FOR PAKISTAN.—Section 1232(b)(6) of the 

11 National Defense Authorization Act for Fiscal Year 2008 

12 (Public Law 110–181; 122 Stat. 393), as amended by sec13 tion 1217(d) of the Duncan Hunter National Defense Au14 thorization Act for Fiscal Year 2009 (Public Law 110–417; 

15 122 Stat. 4635), is further amended by striking ‘‘September 

16 30, 2010’’ and inserting ‘‘September 30, 2011’’. 

17 (g) APPROPRIATE CONGRESSIONAL COMMITTEES DE18 FINED.—In this section, the term ‘‘appropriate congres19 sional committees’’ means— 

20 (1) the Committee on Armed Services, the Com21 mittee on Foreign Affairs, and the Committee on Ap22 propriations of the House of Representatives; and 

23 (2) the Committee on Armed Services, the Com24 mittee on Foreign Relations, and the Committee on 

25 Appropriations of the Senate. 


tjames on PRODPC75 with BILLS
417 

•HR 2647 RH

1 SEC. 1214. PAKISTAN COUNTERINSURGENCY FUND. 

2 (a) AMOUNTS IN FUND.—The Pakistan 

3 Counterinsurgency Fund (in this section referred to as the 

4 ‘‘Fund’’) shall consist of the following: 

5 (1) Amounts appropriated to the Fund for fiscal 

6 year 2009. 

7 (2) Amounts transferred to the Fund pursuant to 

8 subsection (d). 

9 (b) USE OF FUNDS.— 

10 (1) IN GENERAL.—Amounts in the Fund shall be 

11 made available to the Secretary of Defense, with the 

12 concurrence of the Secretary of State, to provide as13 sistance to the security forces of Pakistan (including 

14 program management and the provision of equip15 ment, supplies, services, training, facility and infra16 structure repair, renovation, and construction) to im17 prove the counterinsurgency capability of Pakistan’s 

18 security forces (including Pakistan’s military, Fron19 tier Corps, and other security forces), and of which 

20 not more than $2,000,000 may be made available to 

21 provide humanitarian assistance to the people of 

22 Pakistan only as part of civil-military training exer23 cises for Pakistan’s security forces receiving assistance 

24 under the Fund. 

25 (2) RELATION TO OTHER AUTHORITIES.—Except 

26 as otherwise provided in section 1215 of this Act (reVerDate Nov 24 2008 04:21 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00417 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
418 

•HR 2647 RH

1 lating to the program to provide for the registration 

2 and end-use monitoring of defense articles and defense 

3 services transferred to Afghanistan and Pakistan), 

4 amounts in the Fund are authorized to be made 

5 available notwithstanding any other provision of law. 

6 The authority to provide assistance under this sub7 section is in addition to any other authority to pro8 vide assistance to foreign countries. 

9 (c) TRANSFERS FROM FUND.— 

10 (1) IN GENERAL.—The Secretary of Defense may 

11 transfer such amounts as the Secretary determines to 

12 be appropriate from the Fund— 

13 (A) to any account available to the Depart14 ment of Defense, or 

15 (B) with the concurrence of the Secretary of 

16 State and head of the relevant Federal depart17 ment or agency, to any other non-intelligence re18 lated Federal account, 

19 for purposes consistent with this section. 

20 (2) TREATMENT OF TRANSFERRED FUNDS.— 

21 Amounts transferred to an account under the author22 ity of paragraph (1) shall be merged with amounts in 

23 such account and shall be made available for the same 

24 purposes, and subject to the same conditions and lim25 itations, as amounts in such account. 


tjames on PRODPC75 with BILLS
419 

•HR 2647 RH

1 (3) TRANSFERS BACK TO FUND.—Upon a deter2 mination by the Secretary of Defense with respect to 

3 funds transferred under paragraph (1)(A), or the 

4 head of the other Federal department or agency with 

5 the concurrence of the Secretary of State with respect 

6 to funds transferred under paragraph (1)(B), that all 

7 or part of amounts transferred from the Fund under 

8 paragraph (1) are not necessary for the purpose pro9 vided, such amounts may be transferred back to the 

10 Fund and shall be made available for the same pur11 poses, and subject to the same conditions and limita12 tions, as originally applicable under subsection (b). 

13 (d) TRANSFERS TO FUND.— 

14 (1) IN GENERAL.—The Fund may include 

15 amounts transferred by the Secretary of State, with 

16 the concurrence of the Secretary of Defense, under any 

17 authority of the Secretary of State to transfer funds 

18 under any provision of law. 

19 (2) TREATMENT OF TRANSFERRED FUNDS.— 

20 Amounts transferred to the Fund under the authority 

21 of paragraph (1) shall be merged with amounts in the 

22 Fund and shall be made available for the same pur23 poses, and subject to the same conditions and limita24 tions, as amounts in the Fund. 

25 (e) CONGRESSIONAL NOTIFICATION.— 


tjames on PRODPC75 with BILLS
420 

•HR 2647 RH

1 (1) IN GENERAL.—Amounts in the Fund may 

2 not be obligated or transferred from the Fund under 

3 this section until 15 days after the date on which the 

4 Secretary of Defense notifies the appropriate congres5 sional committees in writing of the details of the pro6 posed obligation or transfer. 

7 (2) APPROPRIATE CONGRESSIONAL COMMITTEES

8 DEFINED.—In this subsection, the term ‘‘appropriate 

9 congressional committees’’ means— 

10 (A) the Committee on Armed Services, the 

11 Committee on Foreign Affairs, and the Com12 mittee on Appropriations of the House of Rep13 resentatives; and 

14 (B) the Committee on Armed Services, the 

15 Committee on Foreign Relations, and the Com16 mittee on Appropriations of the Senate. 

17 (f) SUNSET.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), the authority provided under this section 

20 terminates at the close of September 30, 2010. 

21 (2) EXCEPTION.—Any program supported from 

22 amounts in the Fund established before the close of 

23 September 30, 2010, may be completed after that date 

24 but only using amounts appropriated or transferred 

25 to the Fund on or before that date. 


tjames on PRODPC75 with BILLS
421 

•HR 2647 RH

1 SEC. 1215. PROGRAM TO PROVIDE FOR THE REGISTRATION 

2 AND END-USE MONITORING OF DEFENSE AR3 TICLES AND DEFENSE SERVICES TRANS4 FERRED TO AFGHANISTAN AND PAKISTAN. 

5 (a) PROGRAM REQUIRED.— 

6 (1) IN GENERAL.—The Secretary of Defense shall 

7 establish and carry out a program to provide for the 

8 registration and end-use monitoring of defense arti9 cles and defense services transferred to Afghanistan 

10 and Pakistan in accordance with the requirements 

11 under subsection (b) and to prohibit the retransfer of 

12 such defense articles and defense services without the 

13 consent of the United States. The program required 

14 under this subsection shall be limited to the transfer 

15 of defense articles and defense services— 

16 (A) pursuant to authorities other than the 

17 Arms Export Control Act or the Foreign Assist18 ance Act of 1961; and 

19 (B) using funds made available to the De20 partment of Defense, including funds available 

21 pursuant to the Pakistan Counterinsurgency 

22 Fund. 

23 (2) PROHIBITION.—No defense articles or defense 

24 services that would be subject to the program required 

25 under this subsection may be transferred to— 


tjames on PRODPC75 with BILLS
422 

•HR 2647 RH

1 (A) the Government of Afghanistan or any 

2 other group, organization, citizen, or resident of 

3 Afghanistan, or 

4 (B) the Government of Pakistan or any 

5 other group, organization, citizen, or resident of 

6 Pakistan, 

7 until the Secretary of Defense certifies to the specified 

8 congressional committees that the program required 

9 under this subsection has been established. 

10 (b) REGISTRATION AND END-USE MONITORING RE11 QUIREMENTS.—The registration and end-use monitoring 

12 requirements under this subsection shall include the fol13 lowing: 

14 (1) A detailed record of the origin, shipping, and 

15 distribution of defense articles and defense services 

16 transferred to— 

17 (A) the Government of Afghanistan and 

18 other groups, organizations, citizens, and resi19 dents of Afghanistan; and 

20 (B) the Government of Pakistan and other 

21 groups, organizations, citizens, and residents of 

22 Pakistan. 

23 (2) A program of end-use monitoring of lethal 

24 defense articles and defense services transferred to the 


tjames on PRODPC75 with BILLS
423 

•HR 2647 RH

1 entities and individuals described in subparagraphs 

2 (A) and (B) of paragraph (1), 

3 (c) REVIEW; EXEMPTION.— 

4 (1) REVIEW.—The Secretary of Defense shall pe5 riodically review the defense articles and defense serv6 ices subject to the registration and end-use monitoring 

7 requirements under subsection (b) to determine which 

8 defense articles and defense services, if any, should no 

9 longer be subject to such registration and monitoring 

10 requirements. The Secretary of Defense shall submit 

11 to the specified congressional committees the results of 

12 each review conducted under this paragraph. 

13 (2) EXEMPTION.—The Secretary of Defense may 

14 exempt a defense article or defense service from the 

15 registration and end-use monitoring requirements 

16 under subsection (b) beginning on the date that is 30 

17 days after the date on which the Secretary provides 

18 notice of the proposed exemption to the specified con19 gressional committees. Such notice shall describe any 

20 controls to be imposed on such defense article or de21 fense service, as the case may be, under any other pro22 vision of law. 

23 (d) DEFINITIONS.—In this section: 

24 (1) DEFENSE ARTICLE.—The term ‘‘defense arti25 cle’’— 


tjames on PRODPC75 with BILLS
424 

•HR 2647 RH

1 (A) includes— 

2 (i) any weapon, including a small arm 

3 (as defined in paragraph (3)), weapons sys4 tem, munition, aircraft, vessel, boat or other 

5 implement of war; 

6 (ii) any property, installation, com7 modity, material, equipment, supply, or 

8 goods used for the purposes of furnishing 

9 military assistance; 

10 (iii) any machinery, facility, tool, ma11 terial supply, or other item necessary for 

12 the manufacture, production, processing re13 pair, servicing, storage, construction, trans14 portation, operation, or use of any article 

15 listed in this paragraph; or 

16 (iv) any component or part of any ar17 ticle listed in this paragraph; but 

18 (B) does not include merchant vessels or, as 

19 defined by the Atomic Energy Act of 1954 (42 

20 U.S.C. 2011 et seq.), source material (except ura21 nium depleted in the isotope 235 which is incor22 porated in defense articles solely to take advan23 tage of high density or pyrophoric characteristics 

24 unrelated to radioactivity), by-product material, 

25 special nuclear material, production facilities, 


tjames on PRODPC75 with BILLS
425 

•HR 2647 RH

1 utilization facilities, or atomic weapons or arti2 cles involving Restricted Data. 

3 (2) DEFENSE SERVICE.—The term ‘‘defense serv4 ice’’ includes any service, test, inspection, repair, pub5 lication, or technical or other assistance or defense in6 formation used for the purposes of furnishing mili7 tary assistance, but does not include military edu8 cational and training activities under chapter 5 of 

9 part II of the Foreign Assistance Act of 1961. 

10 (3) SMALL ARM.—The term ‘‘small arm’’ 

11 means— 

12 (A) a handgun or pistol; 

13 (B) a shoulder-fired weapon, including a 

14 sub-carbine, carbine, or rifle; 

15 (C) a light, medium, or heavy automatic 

16 weapon up to and including a .50 caliber ma17 chine gun; 

18 (D) a recoilless rifle up to and including 

19 106mm; 

20 (E) a mortar up to and including 81mm; 

21 (F) a rocket launcher, man-portable; 

22 (G) a grenade launcher, rifle and shoulder 

23 fired; and 

24 (H) an individually-operated weapon which 

25 is portable or can be fired without special 


tjames on PRODPC75 with BILLS
426 

•HR 2647 RH

1 mounts or firing devices and which has potential 

2 use in civil disturbances and is vulnerable to 

3 theft. 

4 (4) SPECIFIED CONGRESSIONAL COMMITTEES.— 

5 The term ‘‘specified congressional committees’’ 

6 means— 

7 (A) the Committee on Foreign Affairs and 

8 the Committee on Armed Services of the House 

9 of Representatives; and 

10 (B) the Committee on Foreign Relations 

11 and the Committee on Armed Services of the 

12 Senate. 

13 (e) EFFECTIVE DATE.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), this section shall take effect 180 days after 

16 the date of the enactment of this Act. 

17 (2) EXCEPTION.—The Secretary of Defense may 

18 delay the effective date of this section by an addi19 tional period of up to 90 days if the Secretary cer20 tifies in writing to the specified congressional com21 mittees for such additional period that it is in the 

22 vital interest of the United States to do so and in23 cludes in the certification a description of such vital 

24 interest. 


tjames on PRODPC75 with BILLS
427 

•HR 2647 RH

1 SEC. 1216. REPORTS ON CAMPAIGN PLANS FOR IRAQ AND 

2 AFGHANISTAN. 

3 (a) REPORTS REQUIRED.—Not later than 180 days 

4 after the date of the enactment of this Act, the Comptroller 

5 General of the United States shall submit to the congres6 sional defense committees separate reports containing as7 sessments of the extent to which the campaign plan for Iraq 

8 and the campaign plan for Afghanistan each adhere to 

9 military doctrine (as defined in the Department of Defense’s 

10 Joint Publication 5-0, Joint Operation Planning), includ11 ing the elements set forth in subsection (b). 

12 (b) MATTERS TO BE ASSESSED.—The matters to be 

13 included in the assessments required under subsection (a) 

14 are as follows: 

15 (1) The extent to which each campaign plan 

16 identifies and prioritizes the conditions that must be 

17 achieved in each phase of the campaign. 

18 (2) The extent to which each campaign plan re19 ports the number of combat brigade teams and other 

20 forces required for each campaign phase. 

21 (3) The extent to which each campaign plan esti22 mates the time needed to reach the desired end state 

23 and complete the military portion of the campaign. 

24 (c) UPDATE OF REPORT.—The Comptroller General 

25 shall submit to the congressional defense committees an up26 date of the report on the campaign plan for Iraq or the 


tjames on PRODPC75 with BILLS
428 

•HR 2647 RH

1 campaign plan for Afghanistan required under subsection 

2 (a) whenever the campaign plan for Iraq or the campaign 

3 plan for Afghanistan, as the case may be, is substantially 

4 updated or altered. 

5 (d) EXCEPTION.—If the Comptroller General deter6 mines that a report submitted to Congress by the Comp7 troller General before the date of the enactment of this Act 

8 substantially meets the requirements of subsection (a) for 

9 the submission of a report on the campaign plan for Iraq 

10 or the campaign plan for Afghanistan, the Comptroller 

11 General shall so notify the congressional defense committees 

12 in writing, but shall provide an update of the report as 

13 required under subsection (c). 

14 (e) TERMINATION.— 

15 (1) REPORTS ON IRAQ.—The requirement to sub16 mit updates of reports on the campaign plan for Iraq 

17 under subsection (c) shall terminate on December 31, 

18 2011. 

19 (2) REPORTS ON AFGHANISTAN.—The require20 ment to submit updates of reports on the campaign 

21 plan for Afghanistan under subsection (c) shall termi22 nate on September 30, 2012. 


tjames on PRODPC75 with BILLS
429 

•HR 2647 RH

1 SEC. 1217. REQUIRED ASSESSMENTS OF UNITED STATES EF2 FORTS IN AFGHANISTAN. 

3 (a) ASSESSMENTS REQUIRED.—Not later than 180 

4 days after the date of the enactment of this Act, and every 

5 180 days thereafter, the President shall conduct an assess6 ment, which shall be not more than 30 days in duration, 

7 of the progress toward defeating al Qa’ida and its affiliated 

8 networks and extremist allies and preventing the establish9 ment of safe havens in Afghanistan for al Qa’ida and its 

10 affiliated networks and extremist allies. 

11 (b) AREAS TO BE ASSESSED.—In carrying out sub12 section (a), the President should assess progress in the fol13 lowing areas: 

14 (1) Ending the ability of the Taliban, al Qa’ida, 

15 and other anti-government elements— 

16 (A) to establish control over the population 

17 of Afghanistan or regions of Afghanistan; 

18 (B) to establish safe havens in Afghanistan; 

19 and 

20 (C) to conduct attacks inside or outside Af21 ghanistan. 

22 (2) Spreading legitimate and functional govern23 ance. 

24 (3) Spreading the rule of law. 

25 (4) Improving the legal economy of Afghanistan. 


tjames on PRODPC75 with BILLS
430 

•HR 2647 RH

1 (5) Other areas the President determines to be 

2 important. 

3 (c) REQUIREMENT TO DEVELOP GOALS AND

4 TIMELINES.—For each area required to be assessed under 

5 subsection (b), the President, in consultation with the Gov6 ernment of Afghanistan and the governments of other coun7 tries the President determines to be necessary, shall establish 

8 goals for each area and timelines for meeting such goals. 

9 (d) METRICS.—The President shall develop metrics 

10 that allows for the accurate and thorough assessment of 

11 progress toward each goal and along each timeline required 

12 under subsection (c). 

13 (e) REPORT REQUIRED.— 

14 (1) IN GENERAL.—Not later than 30 days after 

15 the completion of each assessment required under sub16 section (a), the President shall transmit to Congress 

17 a report on the assessment. 

18 (2) ELEMENTS.—The report required under 

19 paragraph (1) should include, at a minimum, the fol20 lowing elements: 

21 (A) The results of the assessment of— 

22 (i) the progress of the government and 

23 people of Afghanistan, with the assistance of 

24 the international community, in each area 


tjames on PRODPC75 with BILLS
431 

•HR 2647 RH

1 required to be assessed under subsection (b); 

2 and 

3 (ii) the effectiveness of United States 

4 efforts to assist the government and people 

5 of Afghanistan to make progress in each 

6 area required to be assessed under sub7 section (b). 

8 (B) A description of the goals and timelines 

9 for meeting such goals required under subsection 

10 (c). 

11 (C) A description of the metrics required to 

12 be developed under subsection (d) and how such 

13 metrics were used to assess progress in each area 

14 required to be assessed under subsection (b). 

15 (3) FORM.—The report required under para16 graph (1) shall be transmitted in unclassified form, 

17 but may contain a classified annex if necessary. 

18 (f) SUNSET.—The requirement to conduct assessments 

19 under subsection (a) shall not apply beginning on the date 

20 that is 5 years after the date of the enactment of this Act. 

21 SEC. 1218. REPORT ON RESPONSIBLE REDEPLOYMENT OF 

22 UNITED STATES ARMED FORCES FROM IRAQ. 

23 (a) REPORT REQUIRED.—Not later than 90 days after 

24 the date of the enactment of this Act, or December 31, 2009, 

25 whichever occurs later, and every 90 days thereafter, the 


tjames on PRODPC75 with BILLS
432 

•HR 2647 RH

1 Secretary of Defense shall submit to the appropriate con2 gressional committees a report concerning the responsible 

3 redeployment of United States Armed Forces from Iraq in 

4 accordance with the policy announced by the President on 

5 February 27, 2009, and the Agreement Between the United 

6 States of America and the Republic of Iraq On the With7 drawal of United States Forces From Iraq and the Organi8 zation of Their Activities During Their Temporary Pres9 ence in Iraq. 

10 (b) ELEMENTS.—The report required under subsection 

11 (a) shall include the following elements: 

12 (1) The number of United States military per13 sonnel in Iraq by service and component for each 

14 month of the preceding 90-day period and an esti15 mate of the personnel levels in Iraq for the 90-day pe16 riod following submission of the report. 

17 (2) The number and type of military installa18 tions in Iraq occupied by 100 or more United States 

19 military personnel and the number of such military 

20 installations closed, consolidated, or transferred to the 

21 Government of Iraq in the preceding 90-day period. 

22 (3) An estimate of the number of military vehi23 cles, containers of equipment, tons of ammunition, or 

24 other significant items belonging to the Department of 

25 Defense removed from Iraq during the preceding 90- 


tjames on PRODPC75 with BILLS
433 

•HR 2647 RH

1 day period, an estimate of the remaining amount of 

2 such items belonging to the Department of Defense, 

3 and an assessment of the likelihood of successfully re4 moving, demilitarizing, or otherwise transferring all 

5 items belonging to the Department of Defense from 

6 Iraq on or before December 31, 2011. 

7 (4) An assessment of United States detainee op8 erations and releases. Such assessment should include 

9 the total number of detainees held by the United 

10 States in Iraq, the number of detainees in each threat 

11 level category, the number of detainees who are not 

12 nationals of Iraq, the number of detainees transferred 

13 to Iraqi authorities, the number of detainees who were 

14 released from United States custody and the reasons 

15 for their release, and the number of detainees who 

16 having been released in the past were recaptured or 

17 had their remains identified planning or after car18 rying out attacks on United States or Coalition 

19 forces. 

20 (5) A listing of the objective and subjective fac21 tors utilized by the commander of Multi-National 

22 Force–Iraq, including any changes to that list in the 

23 case of an update to the report, to determine risk lev24 els associated with the drawdown of United States 

25 Armed Forces, and the process and timing that will 


tjames on PRODPC75 with BILLS
434 

•HR 2647 RH

1 be utilized by the commander of Multi-National 

2 Force–Iraq and the Secretary of Defense to assess risk 

3 and make recommendations to the President about ei4 ther continuing the redeployment of United States 

5 Armed Forces from Iraq in accordance with the sched6 ule announced by the President or modifying the pace 

7 or timing of that redeployment. 

8 (c) INCLUSION IN OTHER REPORTS.—The report re9 quired under subsection (a) and any updates to the report 

10 may be included in any other required report on Iraq sub11 mitted to Congress by the Secretary of Defense. 

12 (d) FORM.—The report required under subsection (a), 

13 whether or not included in another report on Iraq submitted 

14 to Congress by the Secretary of Defense, may include a clas15 sified annex. 

16 (e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

17 this section, the term ‘‘appropriate congressional commit18 tees’’ means— 

19 (1) the Committee on Armed Services, the Com20 mittee on Foreign Relations, the Select Committee on 

21 Intelligence, and the Committee on Appropriations of 

22 the Senate; and 

23 (2) the Committee on Armed Services, the Com24 mittee on Foreign Affairs, the Permanent Select ComVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
435 

•HR 2647 RH

1 mittee on Intelligence, and the Committee on Appro2 priations of the House of Representatives. 

3 SEC. 1219. REPORT ON AFGHAN PUBLIC PROTECTION PRO4 GRAM. 

5 (a) REPORT REQUIRED.—Not later than 90 days after 

6 the date of the enactment of this Act, the Secretary of De7 fense shall submit to the congressional defense committees 

8 a report on the Afghan Public Protection Program (in this 

9 section referred to as the ‘‘program’’). 

10 (b) MATTERS TO BE INCLUDED.—The report required 

11 under subsection (a) shall include the following elements: 

12 (1) An assessment of the program in the initial 

13 pilot districts in Afghanistan, including, at a min14 imum, the following elements: 

15 (A) An evaluation of the changes in security 

16 conditions in the initial pilot districts from the 

17 program’s inception to the date of the report. 

18 (B) The extent to which the forces developed 

19 under the program in the initial pilot districts 

20 are generally representative of the ethnic groups 

21 in the respective districts. 

22 (C) If the forces developed under the pro23 gram are appropriately representative of the geo24 graphic area of responsibility. 


tjames on PRODPC75 with BILLS
436 

•HR 2647 RH

1 (D) An assessment of the views of the local 

2 communities, to include both Afghan national, 

3 provincial, and district governmental officials 

4 and leaders of the local communities, of the suc5 cesses and failures of the program. 

6 (E) Any formal reviews of the program that 

7 are planned for the future and the timelines on 

8 which the reviews would be conducted, by whom 

9 the reviews would be conducted, and the criteria 

10 that would be used. 

11 (F) The selection criteria that were used to 

12 select members of the program in the initial pilot 

13 districts and how the members were vetted. 

14 (G) The costs to the Department of Defense 

15 to support the program in the initial pilot dis16 tricts, to include any Commanders’ Emergency 

17 Response Program funds spent as formal or in18 formal incentives. 

19 (H) The roles of the Afghanistan National 

20 Security Forces (ANSF) in supporting and 

21 training forces under the program. 

22 (I) Any other criteria used to evaluate the 

23 program in the initial pilot districts by the 

24 Commander of United States Forces–Afghani25 stan. 


tjames on PRODPC75 with BILLS
437 

•HR 2647 RH

1 (2) An assessment of the future of the program, 

2 including, at a minimum, the following elements: 

3 (A) A description of the goals and objectives 

4 expected to be met by the expansion of the pro5 gram. 

6 (B) A description of how such an expansion 

7 supports the functions of the Afghan National 

8 Police. 

9 (C) A description of how the decision will 

10 be made whether to expand the program outside 

11 the initial pilot districts and the criteria that 

12 will be used to make that decision. 

13 (D) A description of how districts or prov14 inces outside of the initial pilot districts will be 

15 chosen to participate in the program, including 

16 an explanation of the following: 

17 (i) What mechanisms the Government 

18 of Afghanistan will use to select additional 

19 districts or provinces, including partici20 pants in the decision process and the cri21 teria used. 

22 (ii) How the views of relevant United 

23 States Government departments and agen24 cies will be taken into account by the Gov25 ernment of Afghanistan when choosing disVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
438 

•HR 2647 RH

1 tricts or provinces to participate in the pro2 gram. 

3 (iii) How the views of other North At4 lantic Treaty Organization (NATO) Inter5 national Security Assistance Force (ISAF) 

6 Coalition partners will be taken into ac7 count during the decision process. 

8 (iv) What process will be used to evalu9 ate any changes to the program as executed 

10 in the initial pilot districts to account for 

11 different or unique circumstances in addi12 tional areas of expansion. 

13 (E) An assessment of personnel or assets of 

14 the Department of Defense that would likely be 

15 required to support any expansion of the pro16 gram, including a description of the following: 

17 (i) Any requirement for personnel to 

18 train or mentor additional forces developed 

19 under the program or to train additional 

20 members of the ANSF to train forces under 

21 the program. 

22 (ii) Any Department of Defense fund23 ing that would be provided to support addi24 tional forces under the program. 


tjames on PRODPC75 with BILLS
439 

•HR 2647 RH

1 (iii) Any assistance that would reason2 ably be required to assist the Government of 

3 Afghanistan manage any additional forces 

4 developed under the program. 

5 (F) A description of the formal process, led 

6 by the Government of Afghanistan, that will be 

7 used to evaluate the program, including a de8 scription of the following: 

9 (i) A listing of the criteria that are ex10 pected to be considered in the process. 

11 (ii) The roles in the process of— 

12 (I) the Government of Afghani13 stan; 

14 (II) relevant United States Gov15 ernment departments and agencies; 

16 (III) NATO-ISAF Coalition part17 ners; 

18 (IV) nongovernmental representa19 tives of the people of Afghanistan; and 

20 (V) any other appropriate indi21 viduals and entities. 

22 (G) If members of the forces developed under 

23 the program will be transitioned to the ANSF or 

24 to other employment in the future, a description 

25 of— 


tjames on PRODPC75 with BILLS
440 

•HR 2647 RH

1 (i) the process that will be used to 

2 transition the forces; 

3 (ii) additional training that may be 

4 required; 

5 (iii) how decisions will be made to 

6 transition the forces to the ANSF or other 

7 employment; and 

8 (iv) any other relevant information. 

9 (H) The Afghan chain of command that 

10 will be used to implement the program and pro11 vide command and control over the units created 

12 by the program. 

13 SEC. 1220. UPDATES OF REPORT ON COMMAND AND CON14 TROL STRUCTURE FOR MILITARY FORCES OP15 ERATING IN AFGHANISTAN. 

16 Section 1216(d) of the Duncan Hunter National De17 fense Authorization Act for Fiscal Year 2009 (Public Law 

18 110–417; 122 Stat. 4634) is amended by adding at the end 

19 the following new sentence: ‘‘Any update of the report re20 quired under subsection (c) may be included in the report 

21 required under section 1230 of the National Defense Author22 ization Act for Fiscal Year 2008 (Public Law 110–181; 122 

23 Stat. 385).’’. 


tjames on PRODPC75 with BILLS
441 

•HR 2647 RH

1 SEC. 1221. REPORT ON PAYMENTS MADE BY UNITED STATES 

2 ARMED FORCES TO RESIDENTS OF AFGHANI3 STAN AS COMPENSATION FOR LOSSES 

4 CAUSED BY UNITED STATES MILITARY OPER5 ATIONS. 

6 (a) REPORT REQUIRED.—Not later than 180 days 

7 after the date of the enactment of this Act, and every 180 

8 days thereafter, the Secretary of Defense shall submit to the 

9 congressional defense committees a report on payments 

10 made by United States Armed Forces to residents of Af11 ghanistan as compensation for losses caused by United 

12 States military operations. 

13 (b) MATTERS TO BE INCLUDED.—The report required 

14 under subsection (a) shall include— 

15 (1) the total amount of funds provided for losses 

16 caused by United States military operations; 

17 (2) a breakdown of the number of payments by 

18 type, to include— 

19 (A) compensation for the death of a non20 combatant Afghan resident; 

21 (B) compensation for the injury of a non22 combatant Afghan resident; 

23 (C) compensation for property damage 

24 caused during combat operations or noncombat 

25 operations; and 


tjames on PRODPC75 with BILLS
442 

•HR 2647 RH

1 (D) any other category for which compensa2 tion was paid by United States Armed Forces; 

3 and 

4 (3) the average amount of compensation for each 

5 type of payment described in paragraph (2). 

6 (c) SCOPE OF REPORT.—The initial report required 

7 under subsection (a) shall include the information required 

8 under subsection (b) for the 5-year period ending on the 

9 date of submission of the initial report and each update 

10 of the report required under subsection (a) shall include the 

11 information required under subsection (b) for the period 

12 since the submission of last report. 

13 (d) TERMINATION.—The requirement to submit reports 

14 under subsection (a) shall terminate on September 30, 2012. 

15 SEC. 1222. ASSESSMENT AND REPORT ON UNITED STATES16 PAKISTAN MILITARY RELATIONS AND CO17 OPERATION. 

18 (a) ASSESSMENT REQUIRED.—The Secretary of De19 fense, in consultation with the Secretary of State, shall con20 duct an assessment of possible alternatives to reimburse21 ments to Pakistan for logistical, military, or other support 

22 provided by Pakistan to or in connection with United 

23 States military operations, which could encourage the Paki24 stani military to undertake counterterrorism and 

25 counterinsurgency operations and achieve the goals and obVerDate Nov 24 2008 04:21 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00442 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
443 

•HR 2647 RH

1 jectives for long-term United States-Pakistan military rela2 tions and cooperation. 

3 (b) REPORT.—Not later than 180 days after the date 

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

5 submit to the appropriate congressional committees a report 

6 on the assessment required under subsection (a). 

7 (c) FORM.—The report required under subsection (b) 

8 shall be submitted in unclassified form, but may include 

9 a classified annex if necessary. 

10 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE11 FINED.—In this section, the term ‘‘appropriate congres12 sional committees’’ means— 

13 (1) the Committee on Armed Services, the Com14 mittee on Foreign Affairs, and the Committee on Ap15 propriations of the House of Representatives; and 

16 (2) the Committee on Armed Services, the Com17 mittee on Foreign Relations, and the Committee on 

18 Appropriations of the Senate. 

19 SEC. 1223. REQUIRED ASSESSMENTS OF PROGRESS TO20 WARD SECURITY AND STABILITY IN PAKI21 STAN. 

22 (a) ASSESSMENTS REQUIRED.—Not later than 180 

23 days after the date of the enactment of this Act, and every 

24 180 days thereafter, the President shall conduct an assess25 ment, which shall be not more than 30 days in duration, 


tjames on PRODPC75 with BILLS
444 

•HR 2647 RH

1 of the progress toward long-term security and stability in 

2 Pakistan. 

3 (b) AREAS TO BE ASSESSED.—In carrying out sub4 section (a), the President should assess— 

5 (1) the effectiveness of efforts— 

6 (A) to disrupt, dismantle, and defeat al 

7 Qa’ida, its affiliated networks, and other extrem8 ist forces in Pakistan; 

9 (B) to eliminate the safe havens for such 

10 forces in Pakistan; and 

11 (C) to prevent the return of such forces to 

12 Pakistan or Afghanistan; and 

13 (2) the effectiveness of United States security as14 sistance to Pakistan to achieve the strategic goal de15 scribed in paragraph (1). 

16 (c) REQUIREMENT TO DEVELOP GOALS AND OBJEC17 TIVES AND TIMELINES.—For any area assessed under sub18 section (b), the President, in consultation with the Govern19 ment of Pakistan and the governments of other countries 

20 the President determines to be necessary, shall establish 

21 goals and objectives and timelines for meeting such goals 

22 and objectives. 

23 (d) REQUIREMENT TO DEVELOP METRICS.—The 

24 President shall develop metrics that allow for the accurate 

25 and thorough assessment of progress toward each goal and 


tjames on PRODPC75 with BILLS
445 

•HR 2647 RH

1 objective and along each timeline required under subsection 

2 (c). 

3 (e) REPORT REQUIRED.— 

4 (1) IN GENERAL.—Not later than 30 days after 

5 the completion of each assessment required under sub6 section (a), the President shall transmit to Congress 

7 a report on the assessment. 

8 (2) ELEMENTS.—The report required under 

9 paragraph (1) should include, at a minimum, the fol10 lowing elements: 

11 (A) The results of the assessment required 

12 under subsection (a). 

13 (B) A description of the goals and objectives 

14 and timelines for meeting such goals and objec15 tives required under subsection (c). 

16 (C) A description of the metrics required to 

17 be developed under subsection (d) and how such 

18 metrics were used to assess progress in each area 

19 required to be assessed under subsection (b). 

20 (3) FORM.—The report required under para21 graph (1) shall be transmitted in unclassified form, 

22 but may contain a classified annex if necessary. 

23 (f) SUNSET.—The requirement to conduct assessments 

24 under subsection (a) shall not apply beginning on the date 

25 that is 5 years after the date of the enactment of this Act. 


tjames on PRODPC75 with BILLS
446 

•HR 2647 RH

1 SEC. 1224. REPEAL OF GAO WAR-RELATED REPORTING RE2 QUIREMENT. 

3 Section 1221(c) of the National Defense Authorization 

4 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

5 3462) is amended by striking the following: ‘‘Based on these 

6 reports, the Comptroller General shall provide to Congress 

7 quarterly updates on the costs of Operation Iraqi Freedom 

8 and Operation Enduring Freedom.’’. 

9 SEC. 1225. PLAN TO GOVERN THE DISPOSITION OF SPECI10 FIED DEFENSE ITEMS IN IRAQ. 

11 (a) PLAN REQUIRED.—The Secretary of Defense shall 

12 prepare a plan to govern the disposition of specified defense 

13 items in Iraq. 

14 (b) ELEMENTS OF PLAN.—The plan required under 

15 subsection (a) shall, at a minimum, address the following 

16 elements: 

17 (1) The identification of an individual, position, 

18 or office that will be responsible for making rec19 ommendations to the Secretary of Defense regarding 

20 the disposition of specified defense items in Iraq. 

21 (2) A mechanism for conducting a thorough in22 ventory of specified defense items in Iraq owned by 

23 the Department of Defense, including specified defense 

24 items in Iraq that are operated by contractors. 


tjames on PRODPC75 with BILLS
447 

•HR 2647 RH

1 (3) A mechanism for soliciting input regarding 

2 potential requirements for specified defense items in 

3 Iraq. Such potential requirements may include— 

4 (A) use in other overseas contingency oper5 ations involving the Armed Forces; 

6 (B) use to reset the Armed Forces; 

7 (C) use by other United States combatant 

8 commanders to enhance their capability to carry 

9 out missions in their respective combatant com10 mands; 

11 (D) use to refill prepositioned stocks; 

12 (E) transfer to the security forces of Iraq or 

13 Afghanistan; and 

14 (F) use by other Federal departments and 

15 agencies or political subdivisions of the United 

16 States. 

17 (4) A mechanism for identifying specified defense 

18 items in Iraq that are not economically viable to re19 move from Iraq or which are not needed to meet other 

20 requirements, and for soliciting and evaluating pro21 posals for the disposition of those items. 

22 (5) A mechanism for ensuring that the views and 

23 inputs, as may be required by law, of other Federal 

24 departments and agencies are taken into account. 


tjames on PRODPC75 with BILLS
448 

•HR 2647 RH

1 (c) REPORT REQUIRED.—The Secretary of Defense 

2 shall submit to the congressional defense committees a re3 port outlining the plan required under subsection (a) and 

4 including the elements required under subsection (b). The 

5 report shall further include an assessment of current au6 thorities for the disposition of equipment and recommenda7 tions about changes to such authorities that the Secretary 

8 determines to be necessary. The report required under this 

9 subsection shall be submitted not later than the date of sub10 mission to Congress of the President’s budget for fiscal year 

11 2011 pursuant to section 1105(a) of title 31, United States 

12 Code. 

13 (d) REVIEW BY THE COMPTROLLER GENERAL.—Not 

14 later than 60 days after the date of submission of the report 

15 required under subsection (c), the Comptroller General of 

16 the United States shall submit to the congressional defense 

17 committees a review of the plan required under subsection 

18 (a) and the recommendations of the Secretary of Defense 

19 contained in the report required under subsection (c). 

20 (e) RULE OF CONSTRUCTION.—Nothing in this section 

21 shall be construed to authorize the transfer of specified de22 fense items in Iraq to any entity outside the Department 

23 of Defense except pursuant to relevant laws currently in 

24 force. 


tjames on PRODPC75 with BILLS
449 

•HR 2647 RH

1 (f) SPECIFIED DEFENSE ITEMS IN IRAQ DEFINED.— 

2 In this section, the term ‘‘specified defense items in Iraq’’ 

3 includes major end items and tactical equipment items 

4 owned by the Department of Defense that are present in 

5 Iraq as of the date of enactment of this Act and are no 

6 longer required to support United States military oper7 ations in Iraq. 

8 SEC. 1226. CIVILIAN MINISTRY OF DEFENSE ADVISOR PRO9 GRAM. 

10 (a) AUTHORITY.—The Secretary of Defense, with the 

11 concurrence of the Secretary of State, may provide civilian 

12 advisors to senior civilian and military officials of the Gov13 ernments of Iraq and Afghanistan for the purpose of pro14 viding institutional, ministerial-level advice and other 

15 training to such officials in support of stabilization efforts 

16 and United States military operations in those countries. 

17 (b) FORMULATION OF ADVICE AND TRAINING PRO18 GRAM.—The Secretary of Defense and the Secretary of State 

19 shall jointly formulate any program to provide advice and 

20 training under subsection (a). 

21 (c) LIMITATION.—The Secretary of Defense may not 

22 expend more than $13,100,000 for any fiscal year in car23 rying out any program in Iraq and Afghanistan as de24 scribed in subsection (a). 


tjames on PRODPC75 with BILLS
450 

•HR 2647 RH

1 (d) ADDITIONAL AUTHORITY.—The authority to pro2 vide assistance under this section is in addition to any 

3 other authority to provide assistance to foreign nations or 

4 forces. 

5 (e) TERMINATION OF AUTHORITY.—The authority to 

6 provide assistance under this section terminates at the close 

7 of September 30, 2010. 

8 SEC. 1227. REPORT ON THE STATUS OF INTERAGENCY CO9 ORDINATION IN THE AFGHANISTAN AND OP10 ERATION ENDURING FREEDOM THEATER OF 

11 OPERATIONS. 

12 (a) REPORT REQUIRED.—Not later than 90 days after 

13 the date of the enactment of this Act, and every 180 days 

14 thereafter, the Secretary of Defense and the Secretary of 

15 State shall submit to the appropriate congressional commit16 tees a report on the status of interagency coordination in 

17 the Afghanistan and Operation Enduring Freedom theater 

18 of operations. 

19 (b) MATTERS TO BE INCLUDED.—The report required 

20 under subsection (a) shall include a description of the fol21 lowing: 

22 (1) The staffing structure of United States-led 

23 Provincial Reconstruction Teams (PRTs) in Afghani24 stan, including the roles of members of the Armed 


tjames on PRODPC75 with BILLS
451 

•HR 2647 RH

1 Forces, the roles of non-Armed Forces personnel, and 

2 unfilled staffing, training, and resource needs. 

3 (2) The use of members of the Armed Forces for 

4 reconstruction, development, and capacity building 

5 programs outside the jurisdiction of the Department 

6 of Defense. 

7 (3) Coordination between United States-led and 

8 NATO ISAF-led programs to develop the capacity of 

9 national, provincial, and local government and other 

10 civil institutions as well as reconstruction and devel11 opment activities in Afghanistan. 

12 (4) Unfilled staffing and resource requirements 

13 for reconstruction, development, and civil institution 

14 capacity building programs. 

15 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE16 FINED.—In this section, the term ‘‘appropriate congres17 sional committees’’ means— 

18 (1) the Committee on Armed Services, the Com19 mittee on Appropriations, and the Committee on For20 eign Affairs of the House of Representatives; and 

21 (2) the Committee on Armed Services, the Com22 mittee on Appropriations, and the Committee on For23 eign Relations of the Senate. 


tjames on PRODPC75 with BILLS
452 

•HR 2647 RH

1 SEC. 1228. SENSE OF CONGRESS SUPPORTING UNITED 

2 STATES POLICY FOR AFGHANISTAN. 

3 It is the sense of Congress that— 

4 (1) Afghanistan is a central front in the global 

5 struggle against al Qa’ida and its affiliated networks; 

6 (2) the United States has a vital national secu7 rity interest in ensuring that Afghanistan does not re8 vert back to its pre-September 11, 2001, status and 

9 become a sanctuary for trans-national terrorists; 

10 (3) the President outlined a strategy for Afghani11 stan and Pakistan on March 27, 2009, that is rightly 

12 focused on disrupting, dismantling, and defeating al 

13 Qa’ida and its affiliated networks and their safe ha14 vens; 

15 (4) the implementation of the President’s strat16 egy requires a long-term, integrated civilian-military 

17 counterinsurgency strategy and a sustained, substan18 tial commitment of military resources to Afghanistan; 

19 (5) as part of such an effort, the President should 

20 continue to provide United States military com21 manders with the forces requested to conduct combat 

22 operations and to train and mentor Afghan security 

23 forces; and 

24 (6) in support of the President’s strategy, Con25 gress should ensure that United States military comVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
453 

•HR 2647 RH

1 manders in Afghanistan have the necessary funding 

2 and resources to succeed. 

3 SEC. 1229. ANALYSIS OF REQUIRED FORCE LEVELS AND 

4 TYPES OF FORCES NEEDED TO SECURE 

5 SOUTHERN AND EASTERN REGIONS OF AF6 GHANISTAN. 

7 (a) STUDY REQUIRED.—At the request of the Com8 mander of United States Forces for Afghanistan (USFOR9 A), the Secretary of Defense shall enter into a contract with 

10 a Federally Funded Research Development Center 

11 (FFRDC) to provide analysis and support to the com12 mander to assist with analyzing the required force levels 

13 and types of forces needed to secure the southern and eastern 

14 regions of Afghanistan in an effort to provide a space for 

15 the government of Afghanistan to establish effective govern16 ment control and provide the Afghan security forces with 

17 the required training and mentoring. 

18 (b) FUNDING.—Of the amount authorized to be appro19 priated for Defense-wide operation and maintenance in sec20 tion 301(5), $3,000,000 may be used to carry out subsection 

21 (a). 


tjames on PRODPC75 with BILLS
454 

•HR 2647 RH

1 Subtitle C—Other Matters 

2 SEC. 1231. NATO SPECIAL OPERATIONS COORDINATION 

3 CENTER. 

4 (a) AUTHORIZATION.—Of the amounts authorized to 

5 be appropriated for fiscal year 2010 pursuant to section 

6 301(1) for operation and maintenance for the Army, to be 

7 derived from amounts made available for support of North 

8 Atlantic Treaty Organization (hereinafter in this section 

9 referred to as ‘‘NATO’’) operations, the Secretary of Defense 

10 is authorized to use up to $30,000,000 for the purposes set 

11 forth in subsection (b). 

12 (b) PURPOSES.—The Secretary shall provide funds for 

13 the NATO Special Operations Coordination Center (herein14 after in this section referred to as the ‘‘NSCC’’) to— 

15 (1) improve coordination and cooperation be16 tween the special operations forces of NATO nations; 

17 (2) facilitate joint operations by the special oper18 ations forces of NATO nations; 

19 (3) support special operations forces peculiar 

20 command, control, and communications capabilities; 

21 (4) promote special operations forces intelligence 

22 and informational requirements within the NATO 

23 structure; and 

24 (5) promote interoperability through the develop25 ment of common equipment standards, tactics, techVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00454 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
455 

•HR 2647 RH

1 niques, and procedures, and through execution of a 

2 multinational education and training program. 

3 (c) CERTIFICATION.—Not less than 180 days after the 

4 date of enactment of this Act, the Secretary shall certify 

5 to the Committees on Armed Services of the Senate and 

6 House of Representatives that the Secretary of Defense has 

7 assigned executive agent responsibility for the NSCC to an 

8 appropriate organization within the Department of De9 fense, and detail the steps being undertaken by the Depart10 ment of Defense to strengthen the role of the NSCC in fos11 tering special operations capabilities within NATO. 

12 SEC. 1232. ANNUAL REPORT ON MILITARY POWER OF THE 

13 ISLAMIC REPUBLIC OF IRAN. 

14 (a) ANNUAL REPORT.—Not later than March 1 of each 

15 year, the Secretary of Defense shall submit to the appro16 priate congressional committees a report, in both classified 

17 and unclassified form, on the current and future military 

18 strategy of the Islamic Republic of Iran. The report shall 

19 address the current and probable future course of military 

20 developments on Iran’s Army, Air Force, Navy and the Ira21 nian Revolutionary Guard Corps, and the tenets and prob22 able development of Iran’s grand strategy, security strategy, 

23 and military strategy, and of military organizations and 

24 operational concepts. 


tjames on PRODPC75 with BILLS
456 

•HR 2647 RH

1 (b) MATTERS TO BE INCLUDED.—The report required 

2 under subsection (a) shall include at least the following ele3 ments: 

4 (1) As assessment of Iranian grand strategy, se5 curity strategy, and military strategy, including the 

6 following: 

7 (A) The goals of Iran’s grand strategy, secu8 rity strategy, and military strategy. 

9 (B) Trends in Iran’s strategy that would be 

10 designed to establish Iran as the leading power 

11 in the Middle East and to enhance the influence 

12 of Iran in other regions of the world. 

13 (C) The security situation in the Persian 

14 Gulf and the Levant. 

15 (D) Iranian strategy regarding other coun16 tries in the region, including Israel, Lebanon, 

17 Iraq, Afghanistan, Saudi Arabia, Turkey, Bah18 rain, Kuwait, the United Arab Emirates, Arme19 nia, and Azerbaijan. 

20 (2) An assessment of the capabilities of Iran’s 

21 conventional forces, including the following: 

22 (A) The size, location, and capabilities of 

23 Iran’s conventional forces. 

24 (B) A detailed analysis of Iran’s forces fac25 ing United States forces in the region and other 


tjames on PRODPC75 with BILLS
457 

•HR 2647 RH

1 countries in the region, including Israel, Leb2 anon, Iraq, Afghanistan, Saudi Arabia, Turkey, 

3 Bahrain, Kuwait, the United Arab Emirates, 

4 Armenia, and Azerbaijan. 

5 (C) Major developments in Iranian mili6 tary doctrine. 

7 (D) An estimate of the funding provided for 

8 each branch of Iran’s conventional forces. 

9 (3) An assessment of Iran’s unconventional 

10 forces, including the following: 

11 (A) The size and capability of Iranian spe12 cial operations units, including the Iranian Rev13 olutionary Guard Corps–Quds Force. 

14 (B) The types and amount of support pro15 vided to groups designated by the United States 

16 as terrorist organizations, including Hezbollah, 

17 Hamas, and the Special Groups in Iraq, in par18 ticular those forces as having been assessed as to 

19 be willing to carry out terrorist operations on be20 half of Iran or in response to a military attack 

21 by another country on Iran. 

22 (C) A detailed analysis of Iran’s unconven23 tional forces facing United States forces in the 

24 region and other countries in the region, includ25 ing Israel, Lebanon, Iraq, Afghanistan, Saudi 


tjames on PRODPC75 with BILLS
458 

•HR 2647 RH

1 Arabia, Turkey, Bahrain, Kuwait, the United 

2 Arab Emirates, Armenia, and Azerbaijan. 

3 (D) An estimate of the amount of funds 

4 spent by Iran to develop and support special op5 erations forces and terrorist groups. 

6 (4) An assessment of Iranian capabilities related 

7 to nuclear and missile forces, including the following: 

8 (A) A summary of nuclear capabilities and 

9 developments in the preceding year, including 

10 the location of major facilities believed to be in11 volved in a nuclear weapons program. 

12 (B) A summary of the capabilities of Iran’s 

13 strategic missile forces, including the size of the 

14 Iranian strategic missile arsenal and the loca15 tions of missile launch sites. 

16 (C) A detailed analysis of Iran’s strategic 

17 missile forces facing United States forces in the 

18 region and other countries in the region, includ19 ing Israel, Lebanon, Iraq, Afghanistan, Saudi 

20 Arabia, Turkey, Bahrain, Kuwait, the United 

21 Arab Emirates, Armenia, and Azerbaijan. 

22 (D) An estimate of the amount of funding 

23 expended by Iran on programs to develop a ca24 pability to build nuclear weapons or to enhance 

25 Iran’s strategic missile capability. 


tjames on PRODPC75 with BILLS
459 

•HR 2647 RH

1 (c) DEFINITIONS.—In this section: 

2 (1) APPROPRIATE CONGRESSIONAL COMMIT3 TEES.—The term ‘‘appropriate congressional commit4 tees’’ means— 

5 (A) the Committee on Armed Services, the 

6 Committee on Foreign Relations, the Select Com7 mittee on Intelligence, and the Committee on Ap8 propriations of the Senate; and 

9 (B) the Committee on Armed Services, the 

10 Committee on Foreign Affairs, the Permanent 

11 Select Committee on Intelligence, and the Com12 mittee on Appropriations of the House of Rep13 resentatives. 

14 (2) IRAN’S CONVENTIONAL FORCES.—The term 

15 ‘‘Iran’s conventional forces’’— 

16 (A) means military forces of the Islamic Re17 public of Iran designed to conduct operations on 

18 sea, air, or land, other than Iran’s unconven19 tional forces and Iran’s strategic missile forces; 

20 and 

21 (B) includes Iran’s Army, Iran’s Air Force, 

22 Iran’s Navy, and elements of the Iranian Revo23 lutionary Guard Corps, other than the Iranian 

24 Revolutionary Guard Corps–Quds Force. 


tjames on PRODPC75 with BILLS
460 

•HR 2647 RH

1 (3) IRAN’S UNCONVENTIONAL FORCES.—The term 

2 ‘‘Iran’s unconventional forces’’— 

3 (A) means forces of the Islamic Republic of 

4 Iran that carry out missions typically associated 

5 with special operations forces; and 

6 (B) includes— 

7 (i) the Iranian Revolutionary Guard 

8 Corps–Quds Force; and 

9 (ii) any organization that— 

10 (I) has been designated a terrorist 

11 organization by the United States; 

12 (II) receives assistance from Iran; 

13 and 

14 (III)(aa) is assessed as being will15 ing in some or all cases of carrying out 

16 attacks on behalf of Iran; or 

17 (bb) is assessed as likely to carry 

18 out attacks in response to a military 

19 attack by another country on Iran. 

20 (4) IRAN’S STRATEGIC MISSILE FORCES.—The 

21 term ‘‘Iran’s strategic missile forces’’ means those ele22 ments of the military forces of the Islamic Republic 

23 of Iran that employ missiles capable of flights in ex24 cess of 500 kilometers. 


tjames on PRODPC75 with BILLS
461 

•HR 2647 RH

1 SEC. 1233. ANNUAL REPORT ON MILITARY AND SECURITY 

2 DEVELOPMENTS INVOLVING THE PEOPLE’S 

3 REPUBLIC OF CHINA. 

4 (a) ANNUAL REPORT.—Subsection (a) of section 1202 

5 of the National Defense Authorization Act for Fiscal Year 

6 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 113 

7 note) is amended— 

8 (1) in the first sentence, by striking ‘‘on the cur9 rent and future military strategy of the People’s Re10 public of China’’ and inserting ‘‘on military and se11 curity developments involving the People’s Republic of 

12 China’’; 

13 (2) in the second sentence— 

14 (A) by striking ‘‘on the People’s Liberation 

15 Army’’ and inserting ‘‘of the People’s Liberation 

16 Army’’; and 

17 (B) by striking ‘‘Chinese grand strategy, se18 curity strategy,’’ and inserting ‘‘Chinese security 

19 strategy’’; and 

20 (3) by adding at the end the following new sen21 tence: ‘‘The report shall also address United States22 China engagement and cooperation on security mat23 ters during the period covered by the report, including 

24 through United States-China military-to-military 

25 contacts, and the United States strategy for such en26 gagement and cooperation in the future.’’. 


tjames on PRODPC75 with BILLS
462 

•HR 2647 RH

1 (b) MATTERS TO BE INCLUDED.—Subsection (b) of 

2 such section, as amended by section 1263 of the National 

3 Defense Authorization Act for Fiscal Year 2008 (Public 

4 Law 110–181; 122 Stat. 407), is further amended— 

5 (1) in paragraph (1)— 

6 (A) by striking ‘‘goals of’’ inserting ‘‘goals 

7 and factors shaping’’; and 

8 (B) by striking ‘‘Chinese grand strategy, se9 curity strategy,’’ and inserting ‘‘Chinese security 

10 strategy’’; 

11 (2) by amending paragraph (2) to read as fol12 lows: 

13 ‘‘(2) Trends in Chinese security and military be14 havior that would be designed to achieve, or that are 

15 inconsistent with, the goals described in paragraph 

16 (1).’’; 

17 (3) in paragraph (6)— 

18 (A) by inserting ‘‘and training’’ after 

19 ‘‘military doctrine’’; and 

20 (B) by striking ‘‘, focusing on (but not lim21 ited to) efforts to exploit a transformation in 

22 military affairs or to conduct preemptive 

23 strikes’’; and 

24 (4) by adding at the end the following new para25 graphs: 


tjames on PRODPC75 with BILLS
463 

•HR 2647 RH

1 ‘‘(10) In consultation with the Secretary of En2 ergy and the Secretary of State, developments regard3 ing United States-China engagement and cooperation 

4 on security matters. 

5 ‘‘(11) The current state of United States mili6 tary-to-military contacts with the People’s Liberation 

7 Army, which shall include the following: 

8 ‘‘(A) A comprehensive and coordinated 

9 strategy for such military-to-military contacts 

10 and updates to the strategy. 

11 ‘‘(B) A summary of all such military-to12 military contacts during the period covered by 

13 the report, including a summary of topics dis14 cussed and questions asked by the Chinese par15 ticipants in those contacts. 

16 ‘‘(C) A description of such military-to-mili17 tary contacts scheduled for the 12-month period 

18 following the period covered by the report and 

19 the plan for future contacts. 

20 ‘‘(D) The Secretary’s assessment of the bene21 fits the Chinese expect to gain from such mili22 tary-to-military contacts. 

23 ‘‘(E) The Secretary’s assessment of the bene24 fits the Department of Defense expects to gain 


tjames on PRODPC75 with BILLS
464 

•HR 2647 RH

1 from such military-to-military contacts, and any 

2 concerns regarding such contacts. 

3 ‘‘(F) The Secretary’s assessment of how such 

4 military-to-military contacts fit into the larger 

5 security relationship between the United States 

6 and the People’s Republic of China. 

7 ‘‘(12) Other military and security developments 

8 involving the People’s Republic of China that the Sec9 retary of Defense considers relevant to United States 

10 national security.’’. 

11 (c) CONFORMING AMENDMENT.—Such section is fur12 ther amended in the heading by striking ‘‘MILITARY

13 POWER OF’’ and inserting ‘‘MILITARY AND SECURITY

14 DEVELOPMENTS INVOLVING’’. 

15 (d) REPEALS.—Section 1201 of the National Defense 

16 Authorization Act for Fiscal Year 2000 (Public Law 106– 

17 65; 113 Stat. 779; 10 U.S.C. 168 note) is amended by strik18 ing subsections (e) and (f). 

19 (e) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—The amendments made by 

21 this section shall take effect on the date of the enact22 ment of this Act, and shall apply with respect to re23 ports required to be submitted under subsection (a) of 

24 section 1202 of the National Defense Authorization 


tjames on PRODPC75 with BILLS
465 

•HR 2647 RH

1 Act for Fiscal Year 2000, as so amended, on or after 

2 that date. 

3 (2) STRATEGY AND UPDATES FOR MILITARY-TO4 MILITARY CONTACTS WITH PEOPLE’S LIBERATION

5 ARMY.—The requirement to include the strategy de6 scribed in paragraph (11)(A) of section 1202(b) of the 

7 National Defense Authorization Act for Fiscal Year 

8 2000, as so amended, in the report required to be sub9 mitted under section 1202(a) of such Act, as so 

10 amended, shall apply with respect to the first report 

11 required to be submitted under section 1202(a) of such 

12 Act on or after the date of the enactment of this Act. 

13 The requirement to include updates to such strategy 

14 shall apply with respect to each subsequent report re15 quired to be submitted under section 1202(a) of such 

16 Act on or after the date of the enactment of this Act. 

17 SEC. 1234. REPORT ON IMPACTS OF DRAWDOWN AUTHORI18 TIES ON THE DEPARTMENT OF DEFENSE. 

19 (a) REPORT REQUIRED.—The Secretary of Defense 

20 shall submit to the congressional defense committees and the 

21 Committee on Foreign Affairs of the House of Representa22 tives and the Committee on Foreign Relations of the Senate 

23 an annual report, in unclassified form but with a classified 

24 annex if necessary, on the impacts of drawdown authorities 

25 on the Department of Defense. The report required under 


tjames on PRODPC75 with BILLS
466 

•HR 2647 RH

1 this subsection shall be submitted concurrent with the budg2 et submitted to Congress by the President pursuant to sec3 tion 1105(a) of title 31, United States Code. 

4 (b) ELEMENTS OF REPORT.—The report required 

5 under subsection (a) shall contain the following elements: 

6 (1) A list of each drawdown for which a presi7 dential determination was issued in the preceding 

8 year. 

9 (2) A summary of the types and quantities of 

10 equipment that was provided under each drawdown 

11 in the preceding year. 

12 (3) The cost to the Department of Defense to re13 place any equipment transferred as part of each 

14 drawdown, not including any depreciation, in the 

15 preceding year. 

16 (4) The cost to the Department of Defense of any 

17 other item, including fuel or services, transferred as 

18 part of each drawdown in the preceding year. 

19 (5) The total amount of funds transferred under 

20 each drawdown in the preceding year. 

21 (6) A copy of any statement of impact on readi22 ness or statement of impact on operations and main23 tenance that any military service furnished as part of 

24 the process of developing a drawdown package in the 

25 preceding year. 


tjames on PRODPC75 with BILLS
467 

•HR 2647 RH

1 (7) An assessment by the Secretary of Defense 

2 and the Chairman of the Joint Chiefs of Staff of the 

3 impact of transfers carried out as part of drawdowns 

4 in the previous year on— 

5 (A) the ability of the Armed Forces to meet 

6 the requirements of ongoing overseas contingency 

7 operations; 

8 (B) the level of risk associated with the abil9 ity of the Armed Forces to execute the missions 

10 called for under the National Military Strategy 

11 as described in section 153(b) of title 10, United 

12 States Code; 

13 (C) the ability of the Armed Forces to reset 

14 from current contingency operations; 

15 (D) the ability of both the active and Re16 serve forces to conduct necessary training; and 

17 (E) the ability of the Reserve forces to re18 spond to domestic emergencies. 

19 (c) DEFINITIONS.—In this section: 

20 (1) DRAWDOWN.—The term ‘‘drawdown’’ means 

21 any transfer or package of transfers of equipment, 

22 services, fuel, funds or any other items carried out 

23 pursuant to a presidential determination issued 

24 under a drawdown authority. 


tjames on PRODPC75 with BILLS
468 

•HR 2647 RH

1 (2) DRAWDOWN AUTHORITY.—The term ‘‘draw2 down authority’’ means an authority under— 

3 (A) section 506(a) (1) or (2) of the Foreign 

4 Assistance Act of 1961 (22 U.S.C. 2318(a) (1) or 

5 (2)); 

6 (B) section 552(c)(2) of the Foreign Assist7 ance Act of 1961 (22 U.S.C. 2348a(c)(2)); or 

8 (C) any other substantially similar provi9 sion of law. 

10 SEC. 1235. RISK ASSESSMENT OF UNITED STATES SPACE 

11 EXPORT CONTROL POLICY. 

12 (a) ASSESSMENT REQUIRED.—The Secretary of De13 fense and the Secretary of State shall carry out an assess14 ment of the national security risks of removing satellites 

15 and related components from the United States Munitions 

16 List. 

17 (b) MATTERS TO BE INCLUDED.—The assessment re18 quired under subsection (a) shall included the following 

19 matters: 

20 (1) A review of the space and space-related tech21 nologies currently on the United States Munitions 

22 List, to include satellite systems, dedicated sub23 systems, and components. 

24 (2) An assessment of the national security risks 

25 of removing certain space and space-related techVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
469 

•HR 2647 RH

1 nologies identified under paragraph (1) from the 

2 United States Munitions List. 

3 (3) An examination of the degree to which other 

4 nations’ export control policies control or limit the ex5 port of space and space-related technologies for na6 tional security reasons. 

7 (4) Recommendations for— 

8 (A) the space and space-related technologies 

9 that should remain on, or may be candidates for 

10 removal from, the United States Munitions List 

11 based on the national security risk assessment re12 quired paragraph (2); 

13 (B) the safeguards and verifications nec14 essary to— 

15 (i) prevent the proliferation and diver16 sion of such space and space-related tech17 nologies; 

18 (ii) confirm appropriate end use and 

19 end users; and 

20 (iii) minimize the risk that such space 

21 and space-related technologies could be used 

22 in foreign missile, space, or other applica23 tions that may pose a threat to the security 

24 of the United States; and 


tjames on PRODPC75 with BILLS
470 

•HR 2647 RH

1 (C) improvements to the space export con2 trol policy and processes of the United States 

3 that do not adversely affect national security. 

4 (c) CONSULTATION.—In conducting the assessment re5 quired under subsection (a), the Secretary of Defense and 

6 the Secretary of State may consult with the heads of other 

7 relevant departments and agencies of the United States 

8 Government as the Secretaries determine is necessary. 

9 (d) REPORT.—Not later than 180 days after the date 

10 of the enactment of this Act, the Secretary of Defense and 

11 the Secretary of State shall submit to the congressional de12 fense committees and the Committee on Foreign Affairs of 

13 the House of Representatives and the Committee on Foreign 

14 Relations of the Senate a report on the assessment required 

15 under subsection (a). The report shall be in unclassified 

16 form but may include a classified annex. 

17 (e) DEFINITION.—In this section, the term ‘‘United 

18 States Munitions List’’ means the list referred to in section 

19 38(a)(1) of the Arms Export Control Act (22 U.S.C. 

20 2778(a)(1)). 

21 SEC. 1236. PATRIOT AIR AND MISSILE DEFENSE BATTERY IN 

22 POLAND. 

23 Consistent with United States national security inter24 ests and the Declaration on Strategic Cooperation Between 

25 the United States of America and Republic of Poland 


tjames on PRODPC75 with BILLS
471 

•HR 2647 RH

1 (signed in Warsaw, Poland, on August 20, 2008), and sub2 ject to the availability of appropriations, the Secretary of 

3 Defense shall seek to deploy a United States Army Patriot 

4 air and missile defense battery and the personnel required 

5 to operate and maintain such battery to Poland by 2012. 

6 SEC. 1237. REPORT ON POTENTIAL FOREIGN MILITARY 

7 SALES OF THE F-22A FIGHTER AIRCRAFT TO 

8 JAPAN. 

9 (a) REPORT REQUIRED.—Not later than 30 days after 

10 the date of the enactment of this Act, Secretary of Defense, 

11 in coordination with the Secretary of State and in consulta12 tion with the Secretary of the Air Force, shall submit to 

13 the congressional defense committees and the Committee on 

14 Foreign Affairs of the House of Representatives and the 

15 Committee on Foreign Relations of the Senate a report on 

16 potential foreign military sales of the F-22A fighter aircraft 

17 to the Government of Japan. 

18 (b) MATTERS TO BE INCLUDED.—The report required 

19 under subsection (a) should detail— 

20 (1) the cost of developing an exportable version 

21 of the F-22A fighter aircraft to the United States 

22 Government, industry, and the Government of Japan; 

23 (2) whether an exportable version of the F-22A 

24 fighter aircraft is technically feasible and executable, 


tjames on PRODPC75 with BILLS
472 

•HR 2647 RH

1 and the timeline for achieving such an exportable 

2 version of the aircraft; 

3 (3) the potential strategic implication for allow4 ing the sale of the F-22A fighter aircraft to Japan; 

5 (4) the impact of foreign military sales of the F6 22A fighter aircraft on the United States aerospace 

7 and aviation industry and the benefit or drawback 

8 such sales might have on sustaining such industry; 

9 and 

10 (5) any changes to existing law needed to allow 

11 foreign military sales of the F-22A fighter aircraft to 

12 Japan. 

13 SEC. 1238. EXPANSION OF UNITED STATES-RUSSIAN FED14 ERATION JOINT CENTER TO INCLUDE EX15 CHANGE OF DATA ON MISSILE DEFENSE. 

16 (a) EXPANSION AUTHORIZED.—In conjunction with 

17 the Government of the Russian Federation, the Secretary 

18 of Defense may expand the United States-Russian Federa19 tion joint center for the exchange of data from early warn20 ing systems for launches of ballistic missiles, as established 

21 pursuant to section 1231 of the Floyd D. Spence National 

22 Defense Authorization Act for Fiscal Year 2001 (as enacted 

23 into law by Public Law 106–398; 114 Stat. 1654A–329), 

24 to include the exchange of data on missile defense-related 

25 activities. 


tjames on PRODPC75 with BILLS
473 

•HR 2647 RH

1 (b) REPORT REQUIRED.—Not later than 30 days after 

2 the date of the enactment of this Act, the Secretary of De3 fense shall submit to the Committees on Armed Services of 

4 the Senate and House of Representatives a report on plans 

5 for expansion of the joint data exchange center. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

7 amount authorized to be appropriated pursuant to section 

8 201(1) for research, development, test, and evaluation for 

9 the Army, $5,000,000, to be derived from PE 0604869A, 

10 shall be available to carry out this section. 

11 TITLE XIII—COOPERATIVE 

12 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. National Academy of Sciences study of 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. 

13 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE14 DUCTION PROGRAMS AND FUNDS. 

15 (a) SPECIFICATION OF COOPERATIVE THREAT REDUC16 TION PROGRAMS.—For purposes of section 301 and other 

17 provisions of this Act, Cooperative Threat Reduction pro18 grams are the programs specified in section 1501 of the Na19 tional Defense Authorization Act for Fiscal Year 1997 (50 

20 U.S.C. 2362 note). 


tjames on PRODPC75 with BILLS
474 

•HR 2647 RH

1 (b) FISCAL YEAR 2010 COOPERATIVE THREAT REDUC2 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis3 cal year 2010 Cooperative Threat Reduction funds’’ means 

4 the funds appropriated pursuant to the authorization of ap5 propriations in section 301 for Cooperative Threat Reduc6 tion programs. 

7 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

8 pursuant to the authorization of appropriations in section 

9 301 for Cooperative Threat Reduction programs shall be 

10 available for obligation for fiscal years 2010, 2011, and 

11 2012. 

12 SEC. 1302. FUNDING ALLOCATIONS. 

13 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

14 $434,093,000 authorized to be appropriated to the Depart15 ment of Defense for fiscal year 2010 in section 301(20) for 

16 Cooperative Threat Reduction programs, the following 

17 amounts may be obligated for the purposes specified: 

18 (1) For strategic offensive arms elimination in 

19 Russia, $66,385,000. 

20 (2) For strategic nuclear arms elimination in 

21 Ukraine, $6,800,000. 

22 (3) For nuclear weapons storage security in Rus23 sia, $15,090,000. 

24 (4) For nuclear weapons transportation security 

25 in Russia, $46,400,000. 


tjames on PRODPC75 with BILLS
475 

•HR 2647 RH

1 (5) For weapons of mass destruction prolifera2 tion prevention in the states of the former Soviet 

3 Union, $90,886,000. 

4 (6) For biological threat reduction in the former 

5 Soviet Union, $152,132,000. 

6 (7) For chemical weapons destruction, 

7 $1,000,000. 

8 (8) For defense and military contacts, 

9 $5,000,000. 

10 (9) For new Cooperative Threat Reduction ini11 tiatives, $29,000,000. 

12 (10) For activities designated as Other Assess13 ments/Administrative Costs, $21,400,000. 

14 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

15 FUNDS FOR OTHER PURPOSES.—No fiscal year 2010 Coop16 erative Threat Reduction funds may be obligated or ex17 pended for a purpose other than a purpose listed in para18 graphs (1) through (10) of subsection (a) until 30 days after 

19 the date that the Secretary of Defense submits to Congress 

20 a report on the purpose for which the funds will be obligated 

21 or expended and the amount of funds to be obligated or ex22 pended. Nothing in the preceding sentence shall be construed 

23 as authorizing the obligation or expenditure of fiscal year 

24 2010 Cooperative Threat Reduction funds for a purpose for 

25 which the obligation or expenditure of such funds is specifiVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00475 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
476 

•HR 2647 RH

1 cally prohibited under this title or any other provision of 

2 law. 

3 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

4 AMOUNTS.— 

5 (1) IN GENERAL.—Subject to paragraph (2), in 

6 any case in which the Secretary of Defense determines 

7 that it is necessary to do so in the national interest, 

8 the Secretary may obligate amounts appropriated for 

9 fiscal year 2010 for a purpose listed in paragraphs 

10 (1) through (10) of subsection (a) in excess of the spe11 cific amount authorized for that purpose. 

12 (2) NOTICE-AND-WAIT REQUIRED.—An obligation 

13 of funds for a purpose stated in paragraphs (1) 

14 through (10) of subsection (a) in excess of the specific 

15 amount authorized for such purpose may be made 

16 using the authority provided in paragraph (1) only 

17 after— 

18 (A) the Secretary submits to Congress noti19 fication of the intent to do so together with a 

20 complete discussion of the justification for doing 

21 so; and 

22 (B) 15 days have elapsed following the date 

23 of the notification. 


tjames on PRODPC75 with BILLS
477 

•HR 2647 RH

1 SEC. 1303. UTILIZATION OF CONTRIBUTIONS TO THE COOP2 ERATIVE THREAT REDUCTION PROGRAM. 

3 (a) IN GENERAL.—The Secretary of Defense, in con4 sultation with the Secretary of State, may enter into one 

5 or more agreements with any person (including a foreign 

6 government, international organization, multinational en7 tity, non-governmental organization, or individual) that 

8 the Secretary of Defense considers appropriate, under which 

9 the person contributes funds for activities conducted under 

10 the Cooperative Threat Reduction Program of the Depart11 ment of Defense. 

12 (b) RETENTION AND USE OF AMOUNTS.—Subject to 

13 the availability of appropriations, the Secretary of Defense 

14 may retain and use amounts contributed under an agree15 ment under subsection (a) for purposes of the Cooperative 

16 Threat Reduction Program of the Department of Defense. 

17 Amounts so contributed shall be retained in a separate fund 

18 established in the Treasury for such purposes, subject to the 

19 availability of appropriations, consistent with an agree20 ment under subsection (a). 

21 (c) RETURN OF AMOUNTS NOT USED WITHIN FIVE

22 YEARS.—If an amount contributed under an agreement 

23 under subsection (a) is not used under this section within 

24 five years after it was contributed, the Secretary of Defense 

25 shall return that amount to the person who contributed it. 

26 (d) QUARTERLY REPORTS.— 


tjames on PRODPC75 with BILLS
478 

•HR 2647 RH

1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of the enactment of this Act, and every 90 

3 days thereafter, the Secretary of Defense shall submit 

4 to the appropriate congressional committees a report 

5 on the receipt and use of amounts under this section 

6 during the period covered by the report. Each report 

7 shall set forth— 

8 (A) a statement of any amounts received 

9 under this section, including, for each such 

10 amount, the value of the contribution and the 

11 person who contributed it; 

12 (B) a statement of any amounts used under 

13 this section, including, for each such amount, the 

14 purposes for which the amount was used; and 

15 (C) a statement of the amounts retained but 

16 not used under this section including, for each 

17 such amount, the purposes (if known) for which 

18 the Secretary intends to use the amount. 

19 (2) IMPLEMENTATION PLAN.—In addition to the 

20 statements described in subparagraphs (A) through 

21 (C) of paragraph (1), the first report submitted under 

22 such paragraph shall include an implementation plan 

23 for the authority provided under this section. 

24 (e) EXPIRATION.—The authority to accept contribu25 tions under this section shall expire on December 31, 2012. 


tjames on PRODPC75 with BILLS
479 

•HR 2647 RH

1 The authority to retain and use contributions under this 

2 section shall expire on December 31, 2015. 

3 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED.—In this section, the term ‘‘appropriate congres5 sional committees’’ means— 

6 (1) the Committee on Armed Services, the Com7 mittee on Appropriations, and the Committee on For8 eign Affairs of the House of Representatives; and 

9 (2) the Committee on Armed Services, the Com10 mittee on Appropriations, and the Committee on For11 eign Relations of the Senate. 

12 SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF 

13 METRICS FOR THE COOPERATIVE THREAT RE14 DUCTION PROGRAM. 

15 (a) STUDY REQUIRED.—Not later than 60 days after 

16 the date of the enactment of this Act, the Secretary of De17 fense shall enter into an arrangement with the National 

18 Academy of Sciences under which the Academy shall carry 

19 out a study to identify metrics to measure the impact and 

20 effectiveness of activities under the Cooperative Threat Re21 duction Program of the Department of Defense to address 

22 threats arising from the proliferation of chemical, nuclear, 

23 and biological weapons and weapons-related materials, 

24 technologies, and expertise. 


tjames on PRODPC75 with BILLS
480 

•HR 2647 RH

1 (b) SUBMISSION OF NATIONAL ACADEMY OF SCIENCES

2 REPORT.—The National Academy of Sciences shall submit 

3 to Congress and the Secretary of Defense a report on the 

4 results of the study carried out under subsection (a). 

5 (c) SECRETARY OF DEFENSE REPORT.— 

6 (1) IN GENERAL.—Not later than 90 days after 

7 receipt of the report required by subsection (b), the 

8 Secretary shall submit to Congress a report on the 

9 study carried out under subsection (a). 

10 (2) MATTERS TO BE INCLUDED.—The report 

11 under paragraph (1) shall include the following: 

12 (A) A summary of the results of the study 

13 carried out under subsection (a). 

14 (B) An assessment by the Secretary of the 

15 study. 

16 (C) A statement of the actions, if any, to be 

17 undertaken by the Secretary to implement any 

18 recommendations in the study. 

19 (3) FORM.—The report under paragraph (1) 

20 shall be submitted in unclassified form, but may in21 clude a classified annex. 

22 (d) FUNDING.—Of the amounts appropriated pursuant 

23 to the authorization of appropriations in section 301(20) 

24 or otherwise made available for Cooperative Threat Reduc25 tion Programs for fiscal year 2010, not more than 


tjames on PRODPC75 with BILLS
481 

•HR 2647 RH

1 $1,000,000 may be obligated or expended to carry out this 

2 section. 

3 SEC. 1305. COOPERATIVE THREAT REDUCTION PROGRAM 

4 AUTHORITY FOR URGENT THREAT REDUC5 TION ACTIVITIES. 

6 (a) IN GENERAL.—Subject to the notification require7 ment under subsection (b), not more than 10 percent of the 

8 total amounts appropriated or otherwise made available in 

9 any fiscal year for the Cooperative Threat Reduction Pro10 gram of the Department of Defense may be expended, not11 withstanding any provision of law identified pursuant to 

12 subsection (b)(2)(B), for activities described under sub13 section (b)(1)(A). 

14 (b) DETERMINATION AND NOTICE.— 

15 (1) DETERMINATION.—The Secretary of Defense, 

16 in consultation with the Secretary of State, may 

17 make a written determination that— 

18 (A) certain activities of the Cooperative 

19 Threat Reduction Program of the Department of 

20 Defense are urgently needed to address threats 

21 arising from the proliferation of chemical, nu22 clear, and biological weapons or weapons-related 

23 materials, technologies, and expertise; 


tjames on PRODPC75 with BILLS
482 

•HR 2647 RH

1 (B) certain provisions of law would unnec2 essarily impede the Secretary’s ability to carry 

3 out such activities; and 

4 (C) it is necessary to expend amounts de5 scribed in subsection (a) to carry out such activi6 ties. 

7 (2) NOTICE REQUIRED.—Not later than 15 days 

8 before expending funds under the authority provided 

9 in subsection (a), the Secretary of Defense shall notify 

10 the appropriate congressional committees of the deter11 mination made under paragraph (1). The notice shall 

12 include— 

13 (A) the determination; 

14 (B) an identification of each provision of 

15 law the Secretary determines would unneces16 sarily impede the Secretary’s ability to carry out 

17 the activities described under paragraph (1)(A); 

18 (C) the activities of the Cooperative Threat 

19 Reduction Program to be undertaken pursuant 

20 to the determination; 

21 (D) the expected time frame for such activi22 ties; and 

23 (E) the expected costs of such activities. 


tjames on PRODPC75 with BILLS
483 

•HR 2647 RH

1 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

2 this section, the term ‘‘appropriate congressional commit3 tees’’ means— 

4 (1) the Committee on Foreign Affairs, the Com5 mittee on Armed Services, and the Committee on Ap6 propriations of the House of Representatives; and 

7 (2) the Committee on Foreign Relations, the 

8 Committee on Armed Services, and the Committee on 

9 Appropriations of the Senate. 

10 SEC. 1306. COOPERATIVE THREAT REDUCTION DEFENSE 

11 AND MILITARY CONTACTS PROGRAM. 

12 The Secretary of Defense shall ensure the following: 

13 (1) The Defense and Military Contacts Program 

14 under the Cooperative Threat Reduction Program of 

15 the Department of Defense— 

16 (A) is strategically used to advance the mis17 sion of the Cooperative Threat Reduction Pro18 gram; 

19 (B) is focused and expanded to support spe20 cific relationship-building opportunities, which 

21 could lead to Cooperative Threat Reduction Pro22 gram development in new geographic areas and 

23 achieve other Cooperative Threat Reduction Pro24 gram benefits; 


tjames on PRODPC75 with BILLS
484 

•HR 2647 RH

1 (C) is directly administered as part of the 

2 Cooperative Threat Reduction Program; and 

3 (D) includes, within an overall strategic 

4 framework, cooperation and coordination with— 

5 (i) the unified combatant commands 

6 that operate in areas in which Cooperative 

7 Threat Reduction activities are carried out; 

8 and 

9 (ii) related diplomatic efforts. 

10 (2) Beginning with fiscal year 2010, the strategy 

11 and activities of the Defense and Military Contacts 

12 Program, in accordance with this section, are in13 cluded in the Cooperative Threat Reduction Annual 

14 Report to Congress for each fiscal year, as required by 

15 section 1308 of the Floyd D. Spence National Defense 

16 Authorization Act for fiscal year 2001 (as enacted 

17 into law by Public Law 106–398; 114 Stat. 1654A– 

18 341; 22 U.S.C. 5959 note). 

19 TITLE XIV—OTHER 

20 AUTHORIZATIONS 

Subtitle A—Military Programs 

Sec. 1401. Working capital funds. 

Sec. 1402. National Defense Sealift Fund. 

Sec. 1403. Defense Health Program. 

Sec. 1404. Chemical agents and munitions destruction, defense. 

Sec. 1405. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1406. Defense Inspector General. 

Subtitle B—National Defense Stockpile 

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


tjames on PRODPC75 with BILLS
485 

•HR 2647 RH

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. 

1 Subtitle A—Military Programs 

2 SEC. 1401. WORKING CAPITAL FUNDS. 

3 Funds are hereby authorized to be appropriated for fis4 cal year 2010 for the use of the Armed Forces and other 

5 activities and agencies of the Department of Defense for 

6 providing capital for working capital and revolving funds 

7 in amounts as follows: 

8 (1) For the Defense Working Capital Funds, 

9 $141,388,000. 

10 (2) For the Defense Working Capital Fund, De11 fense Commissary, $1,313,616,000. 

12 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

13 Funds are hereby authorized to be appropriated for the 

14 fiscal year 2010 for the National Defense Sealift Fund in 

15 the amount of $1,702,758,000. 

16 SEC. 1403. DEFENSE HEALTH PROGRAM. 

17 Funds are hereby authorized to be appropriated for the 

18 Department of Defense for fiscal year 2010 for expenses, not 

19 otherwise provided for, for the Defense Health Program, in 

20 the amount of $26,963,187,000, of which— 

21 (1) $26,292,463,000 is for Operation and Main22 tenance; 


tjames on PRODPC75 with BILLS
486 

•HR 2647 RH

1 (2) $493,192,000 is for Research, Development, 

2 Test, and Evaluation; and 

3 (3) $177,532,000 is for Procurement. 

4 SEC. 1404. CHEMICAL AGENTS AND MUNITIONS DESTRUC5 TION, DEFENSE. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

7 hereby authorized to be appropriated for the Department 

8 of Defense for fiscal year 2010 for expenses, not otherwise 

9 provided for, for Chemical Agents and Munitions Destruc10 tion, Defense, in the amount of $1,560,760,000, of which— 

11 (1) $1,146,802,000 is for Operation and Mainte12 nance; 

13 (2) $401,269,000 is for Research, Development, 

14 Test, and Evaluation; and 

15 (3) $12,689,000 is for Procurement. 

16 (b) USE.—Amounts authorized to be appropriated 

17 under subsection (a) are authorized for— 

18 (1) the destruction of lethal chemical agents and 

19 munitions in accordance with section 1412 of the De20 partment of Defense Authorization Act, 1986 (50 

21 U.S.C. 1521); and 

22 (2) the destruction of chemical warfare materiel 

23 of the United States that is not covered by section 

24 1412 of such Act. 


tjames on PRODPC75 with BILLS
487 

•HR 2647 RH

1 SEC. 1405. DRUG INTERDICTION AND COUNTER-DRUG AC2 TIVITIES, DEFENSE-WIDE. 

3 Funds are hereby authorized to be appropriated for the 

4 Department of Defense for fiscal year 2010 for expenses, not 

5 otherwise provided for, for Drug Interdiction and Counter6 Drug Activities, Defense-wide, in the amount of 

7 $1,050,984,000. 

8 SEC. 1406. DEFENSE INSPECTOR GENERAL. 

9 Funds are hereby authorized to be appropriated for the 

10 Department of Defense for fiscal year 2010 for expenses, not 

11 otherwise provided for, for the Office of the Inspector Gen12 eral of the Department of Defense, in the amount of 

13 $279,224,000, of which— 

14 (1) $278,224,000 is for Operation and Mainte15 nance; and 

16 (2) $1,000,000 is for Procurement. 

17 Subtitle B—National Defense 

18 Stockpile 

19 SEC. 1411. AUTHORIZED USES OF NATIONAL DEFENSE 

20 STOCKPILE FUNDS. 

21 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis22 cal year 2010, the National Defense Stockpile Manager may 

23 obligate up to $41,179,000 of the funds in the National De24 fense Stockpile Transaction Fund established under sub25 section (a) of section 9 of the Strategic and Critical Mate26 rials Stock Piling Act (50 U.S.C. 98h) for the authorized 


tjames on PRODPC75 with BILLS
488 

•HR 2647 RH

1 uses of such funds under subsection (b)(2) of such section, 

2 including the disposal of hazardous materials that are envi3 ronmentally sensitive. 

4 (b) ADDITIONAL OBLIGATIONS.—The National Defense 

5 Stockpile Manager may obligate amounts in excess of the 

6 amount specified in subsection (a) if the National Defense 

7 Stockpile Manager notifies Congress that extraordinary or 

8 emergency conditions necessitate the additional obligations. 

9 The National Defense Stockpile Manager may make the ad10 ditional obligations described in the notification after the 

11 end of the 45-day period beginning on the date on which 

12 Congress receives the notification. 

13 (c) LIMITATIONS.—The authorities provided by this 

14 section shall be subject to such limitations as may be pro15 vided in appropriations Acts. 

16 SEC. 1412. EXTENSION OF PREVIOUSLY AUTHORIZED DIS17 POSAL OF COBALT FROM NATIONAL DEFENSE 

18 STOCKPILE. 

19 Section 3305(a)(5) of the National Defense Authoriza20 tion Act for Fiscal Year 1998 (Public Law 105–85; 50 

21 U.S.C. 98d note), as most recently amended by section 

22 1412(b) of the Duncan Hunter National Defense Authoriza23 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 

24 Stat. 4648), is amended by striking ‘‘during fiscal year 

25 2009’’ and inserting ‘‘by the end of fiscal year 2011’’. 


tjames on PRODPC75 with BILLS
489 

•HR 2647 RH

1 SEC. 1413. REPORT ON IMPLEMENTATION OF RECONFIG2 URATION OF THE NATIONAL DEFENSE 

3 STOCKPILE. 

4 (a) REPORT REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, the Secretary 

6 of Defense shall submit to the Committees on Armed Serv7 ices of the Senate and House of Representatives a report 

8 on any actions the Secretary plans to take in response to 

9 the recommendations in the April 2009 report entitled ‘‘Re10 configuration of the National Defense Stockpile Report to 

11 Congress’’ submitted by the Under Secretary of Defense for 

12 Acquisition, Logistics, and Technology, as required by 

13 House Report 109-89, House Report 109-452, and Senate 

14 Report 110-115. 

15 (b) CONGRESSIONAL NOTIFICATION.—The Secretary 

16 may not take any action regarding the implementation of 

17 any initiative recommended in the report required under 

18 subsection (a) until 45 days after the Secretary submits to 

19 the congressional defense committees such report. 

20 Subtitle C—Armed Forces 

21 Retirement Home 

22 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR 

23 ARMED FORCES RETIREMENT HOME. 

24 There is authorized to be appropriated for fiscal year 

25 2010 from the Armed Forces Retirement Home Trust Fund 


tjames on PRODPC75 with BILLS
490 

•HR 2647 RH

1 the sum of $134,000,000 for the operation of the Armed 

2 Forces Retirement Home. 

3 TITLE XV—AUTHORIZATION OF 

4 ADDITIONAL APPROPRIA5 TIONS FOR OVERSEAS CON6 TINGENCY OPERATIONS 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1504. Limitation on obligation of funds for Joint Improvised Explosive Device Defeat Organization pending report to Congress. 

Sec. 1505. Navy and Marine Corps procurement. 

Sec. 1506. Air Force procurement. 

Sec. 1507. Defense-wide activities procurement. 

Sec. 1508. Mine Resistant Ambush Protected Vehicle Fund. 

Sec. 1509. Research, development, test, and evaluation. 

Sec. 1510. Operation and maintenance. 

Sec. 1511. Working capital funds. 

Sec. 1512. Military personnel. 

Sec. 1513. Afghanistan Security Forces Fund. 

Sec. 1514. Iraq Freedom Fund. 

Sec. 1515. Other Department of Defense programs. 

Sec. 1516. Limitations on Iraq Security Forces Fund. 

Sec. 1517. Continuation of prohibition on use of United States funds for certain 

facilities projects in Iraq. 

Sec. 1518. Special transfer authority. 

Sec. 1519. Treatment as additional authorizations. 

7 SEC. 1501. PURPOSE. 

8 The purpose of this title is to authorize appropriations 

9 for the Department of Defense for fiscal year 2010 to pro10 vide additional funds for overseas contingency operations 

11 being carried out by the Armed Forces. 

12 SEC. 1502. ARMY PROCUREMENT. 

13 Funds are hereby authorized to be appropriated for fis14 cal year 2010 for procurement accounts of the Army in 

15 amounts as follows: 


tjames on PRODPC75 with BILLS
491 

•HR 2647 RH

1 (1) For aircraft procurement, $1,976,474,000. 

2 (2) For ammunition procurement, $370,635,000. 

3 (3) For weapons and tracked combat vehicles 

4 procurement, $874,466,000. 

5 (4) For missile procurement, $531,570,000. 

6 (5) For other procurement, $6,021,786,000. 

7 SEC. 1503. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

8 FUND. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

10 hereby authorized to be appropriated for fiscal year 2010 

11 for the Joint Improvised Explosive Device Defeat Fund in 

12 the amount of $1,435,000,000. 

13 (b) USE AND TRANSFER OF FUNDS.—Subsections (b) 

14 and (c) of section 1514 of the John Warner National De15 fense Authorization Act for Fiscal Year 2007 (Public Law 

16 109–364; 120 Stat. 2439), as amended by section 1503 of 

17 the Duncan Hunter National Defense Authorization Act for 

18 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4649), 

19 shall apply to the funds appropriated pursuant to the au20 thorization of appropriations in subsection (a) and made 

21 available to the Department of Defense for the Joint Impro22 vised Explosive Device Defeat Fund. 

23 (c) MONTHLY OBLIGATIONS AND EXPENDITURE RE24 PORTS.—Not later than 15 days after the end of each month 

25 of fiscal year 2010, the Secretary of Defense shall provide 


tjames on PRODPC75 with BILLS
492 

•HR 2647 RH

1 to the congressional defense committees a report on the 

2 Joint Improvised Explosive Device Defeat Fund explaining 

3 monthly commitments, obligations, and expenditures by 

4 line of action. 

5 SEC. 1504. LIMITATION ON OBLIGATION OF FUNDS FOR 

6 JOINT IMPROVISED EXPLOSIVE DEVICE DE7 FEAT ORGANIZATION PENDING REPORT TO 

8 CONGRESS. 

9 (a) LIMITATION.—Of the amounts remaining unobli10 gated as of the date of the enactment of this Act from 

11 amounts described in subsection (b) for the Joint Impro12 vised Explosive Device Defeat Organization (in this section 

13 referred to as ‘‘JIEDDO’’), not more than 50 percent of 

14 such remaining amounts may be obligated until JIEDDO 

15 submits to the congressional defense committees a report 

16 containing the following information regarding projects 

17 funded for fiscal years 2008, 2009, and 2010: 

18 (1) A description of the purpose, funding, and 

19 schedule of the project. 

20 (2) A description of related projects. 

21 (3) An acquisition strategy. 

22 (b) COVERED AUTHORIZATION OF APPROPRIATIONS.— 

23 The limitation contained in subsection (a) applies with re24 spect to amounts made available pursuant to the authoriza25 tion of appropriations— 


tjames on PRODPC75 with BILLS
493 

•HR 2647 RH

1 (1) in section 1503 of the Duncan Hunter Na2 tional Defense Authorization Act for Fiscal Year 2009 

3 (Public Law 110–417; 122 Stat. 4649); and 

4 (2) in section 1503(a) of this Act. 

5 (c) WAIVER.—The Secretary of Defense may waive the 

6 limitation in subsection (a) if the Secretary determines that 

7 the waiver is necessary to fulfill a critical need by United 

8 States military forces deployed in overseas contingency op9 erations. The Secretary shall notify the congressional de10 fense committees of any waiver granted under this sub11 section and the reasons for the waiver. 

12 SEC. 1505. NAVY AND MARINE CORPS PROCUREMENT. 

13 (a) NAVY.—Funds are hereby authorized to be appro14 priated for fiscal year 2010 for other procurement for the 

15 Navy in the amount of $2,019,051,000. 

16 (b) MARINE CORPS.—Funds are hereby authorized to 

17 be appropriated for fiscal year 2010 for other procurement 

18 for the Marine Corps in the amount of $1,164,445,000. 

19 SEC. 1506. AIR FORCE PROCUREMENT. 

20 Funds are hereby authorized to be appropriated for fis21 cal year 2010 for procurement accounts of the Air Force 

22 in amounts as follows: 

23 (1) For aircraft procurement, $1,151,776,000. 

24 (2) For ammunition procurement, $256,819,000. 

25 (3) For missile procurement, $36,625,000. 


tjames on PRODPC75 with BILLS
494 

•HR 2647 RH

1 (4) For other procurement, $2,321,549,000. 

2 SEC. 1507. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

3 Funds are hereby authorized to be appropriated for fis4 cal year 2010 for the procurement account for Defense-wide 

5 in the amount of $799,830,000. 

6 SEC. 1508. MINE RESISTANT AMBUSH PROTECTED VEHICLE 

7 FUND. 

8 Funds are hereby authorized to be appropriated for fis9 cal year 2010 for the Mine Resistant Ambush Protected Ve10 hicle Fund in the amount of $5,456,000,000. 

11 SEC. 1509. RESEARCH, DEVELOPMENT, TEST, AND EVALUA12 TION. 

13 Funds are hereby authorized to be appropriated for fis14 cal year 2010 for the use of the Department of Defense for 

15 research, development, test, and evaluation as follows: 

16 (1) For the Army, $57,962,000. 

17 (2) For the Navy, $107,180,000. 

18 (3) For the Air Force, $29,286,000. 

19 (4) For Defense-wide activities, $215,826,000. 

20 SEC. 1510. OPERATION AND MAINTENANCE. 

21 Funds are hereby authorized to be appropriated for fis22 cal year 2010 for the use of the Armed Forces for expenses, 

23 not otherwise provided for, for operation and maintenance, 

24 in amounts as follows: 

25 (1) For the Army, $51,970,661,000. 


tjames on PRODPC75 with BILLS
495 

•HR 2647 RH

1 (2) For the Navy, $6,219,583,000. 

2 (3) For the Marine Corps, $3,701,600,000. 

3 (4) For the Air Force, $10,152,068,000. 

4 (5) For Defense-wide activities, $7,578,300,000. 

5 (6) For the Army Reserve, $204,326,000. 

6 (7) For the Navy Reserve, $68,059,000 

7 (8) For the Marine Corps Reserve, $86,667,000. 

8 (9) For the Air Force Reserve, $125,925,000. 

9 (10) For the Army National Guard, 

10 $321,646,000. 

11 (11) For the Air National Guard, $289,862,000. 

12 SEC. 1511. WORKING CAPITAL FUNDS. 

13 Funds are hereby authorized to be appropriated for fis14 cal year 2010 for the use of the Armed Forces and other 

15 activities and agencies of the Department of Defense for 

16 providing capital for working capital and revolving funds 

17 in the amount of $396,915,000. 

18 SEC. 1512. MILITARY PERSONNEL. 

19 Funds are hereby authorized to be appropriated for fis20 cal year 2010 to the Department of Defense for military 

21 personnel accounts in the total amount of $13,586,341,000. 

22 SEC. 1513. AFGHANISTAN SECURITY FORCES FUND. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

24 hereby authorized to be appropriated for fiscal year 2010 


tjames on PRODPC75 with BILLS
496 

•HR 2647 RH

1 for the Afghanistan Security Forces Fund in the amount 

2 of $7,462,769,000. 

3 (b) LIMITATION.—Funds appropriated pursuant to the 

4 authorization of appropriations in subsection (a) or in any 

5 other Act and made available to the Department of Defense 

6 for the Afghanistan Security Forces Fund shall be subject 

7 to the conditions contained in subsections (b) through (g) 

8 of section 1513 of the National Defense Authorization Act 

9 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428). 

10 SEC. 1514. IRAQ FREEDOM FUND. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

12 hereby authorized to be appropriated for fiscal year 2010 

13 for the Iraq Freedom Fund in the amount of $115,300,000. 

14 (b) TRANSFER.— 

15 (1) TRANSFER AUTHORIZED.—Subject to para16 graph (2), amounts authorized to be appropriated by 

17 subsection (a) may be transferred from the Iraq Free18 dom Fund to any accounts as follows: 

19 (A) Operation and maintenance accounts of 

20 the Armed Forces. 

21 (B) Military personnel accounts. 

22 (C) Research, development, test, and evalua23 tion accounts of the Department of Defense. 

24 (D) Procurement accounts of the Depart25 ment of Defense. 


tjames on PRODPC75 with BILLS
497 

•HR 2647 RH

1 (E) Accounts providing funding for classi2 fied programs. 

3 (F) The operating expenses account of the 

4 Coast Guard. 

5 (2) NOTICE TO CONGRESS.—A transfer may not 

6 be made under the authority in paragraph (1) until 

7 five days after the date on which the Secretary of De8 fense notifies the congressional defense committees in 

9 writing of the transfer. 

10 (3) TREATMENT OF TRANSFERRED FUNDS.— 

11 Amounts transferred to an account under the author12 ity in paragraph (1) shall be merged with amounts 

13 in such account and shall be made available for the 

14 same purposes, and subject to the same conditions 

15 and limitations, as amounts in such account. 

16 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

17 transfer of an amount to an account under the au18 thority in paragraph (1) shall be deemed to increase 

19 the amount authorized for such account by an 

20 amount equal to the amount transferred. 

21 SEC. 1515. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

22 (a) DEFENSE HEALTH PROGRAM.—Funds are hereby 

23 authorized to be appropriated for the Department of Defense 

24 for fiscal year 2010 for expenses, not otherwise provided for, 


tjames on PRODPC75 with BILLS
498 

•HR 2647 RH

1 for the Defense Health Program in the amount of 

2 $1,155,235,000 for operation and maintenance. 

3 (b) DRUG INTERDICTION AND COUNTER-DRUG ACTIVI4 TIES, DEFENSE-WIDE.—Funds are hereby authorized to be 

5 appropriated for the Department of Defense for fiscal year 

6 2010 for expenses, not otherwise provided for, for Drug 

7 Interdiction and Counter-Drug Activities, Defense-wide in 

8 the amount of $324,603,000. 

9 (c) DEFENSE INSPECTOR GENERAL.—Funds are here10 by authorized to be appropriated for the Department of De11 fense for fiscal year 2010 for expenses, not otherwise pro12 vided for, for the Office of the Inspector General of the De13 partment of Defense in the amount of $8,876,000 for oper14 ation and maintenance. 

15 SEC. 1516. LIMITATIONS ON IRAQ SECURITY FORCES FUND. 

16 Funds made available to the Department of Defense 

17 for the Iraq Security Forces Fund for fiscal year 2010 shall 

18 be subject to the conditions contained in subsections (b) 

19 through (g) of section 1512 of the National Defense Author20 ization Act for Fiscal Year 2008 (Public Law 110–181; 122 

21 Stat. 426). 


tjames on PRODPC75 with BILLS
499 

•HR 2647 RH

1 SEC. 1517. CONTINUATION OF PROHIBITION ON USE OF 

2 UNITED STATES FUNDS FOR CERTAIN FACILI3 TIES PROJECTS IN IRAQ. 

4 Section 1508(a) of the Duncan Hunter National De5 fense Authorization Act for Fiscal Year 2009 (Public Law 

6 110–417; 122 Stat. 4651) shall apply to funds authorized 

7 to be appropriated by this title. 

8 SEC. 1518. SPECIAL TRANSFER AUTHORITY. 

9 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

10 (1) AUTHORITY.—Upon determination by the 

11 Secretary of Defense that such action is necessary in 

12 the national interest, the Secretary may transfer 

13 amounts of authorizations made available to the De14 partment of Defense in this title for fiscal year 2010 

15 between any such authorizations for that fiscal year 

16 (or any subdivisions thereof). Amounts of authoriza17 tions so transferred shall be merged with and be 

18 available for the same purposes as the authorization 

19 to which transferred. 

20 (2) LIMITATION.—The total amount of author21 izations that the Secretary may transfer under the 

22 authority of this section may not exceed 

23 $4,000,000,000. 

24 (b) TERMS AND CONDITIONS.—Transfers under this 

25 section shall be subject to the same terms and conditions 

26 as transfers under section 1001. 


tjames on PRODPC75 with BILLS
500 

•HR 2647 RH

1 (c) ADDITIONAL AUTHORITY.—The transfer authority 

2 provided by this section is in addition to the transfer au3 thority provided under section 1001. 

4 SEC. 1519. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

5 The amounts authorized to be appropriated by this 

6 title are in addition to amounts otherwise authorized to be 

7 appropriated by this Act. 

8 DIVISION B—MILITARY CON9 STRUCTION AUTHORIZA10 TIONS 

11 SEC. 2001. SHORT TITLE. 

12 This division may be cited as the ‘‘Military Construc13 tion Authorization Act for Fiscal Year 2010’’. 

14 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

15 AMOUNTS REQUIRED TO BE SPECIFIED BY 

16 LAW. 

17 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

18 YEARS.—Except as provided in subsection (b), all author19 izations contained in titles XXI through XXVII and title 

20 XXIX for military construction projects, land acquisition, 

21 family housing projects and facilities, and contributions to 

22 the North Atlantic Treaty Organization Security Invest23 ment Program (and authorizations of appropriations there24 for) shall expire on the later of— 

25 (1) October 1, 2012; or 


tjames on PRODPC75 with BILLS
501 

•HR 2647 RH

1 (2) the date of the enactment of an Act author2 izing funds for military construction for fiscal year 

3 2013. 

4 (b) EXCEPTION.—Subsection (a) shall not apply to au5 thorizations for military construction projects, land acqui6 sition, family housing projects and facilities, and contribu7 tions to the North Atlantic Treaty Organization Security 

8 Investment Program (and authorizations of appropriations 

9 therefor), for which appropriated funds have been obligated 

10 before the later of— 

11 (1) October 1, 2012; or 

12 (2) the date of the enactment of an Act author13 izing funds for fiscal year 2013 for military construc14 tion projects, land acquisition, family housing 

15 projects and facilities, and contributions to the North 

16 Atlantic Treaty Organization Security Investment 

17 Program. 

18 SEC. 2003. EFFECTIVE DATE. 

19 Titles XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, 

20 and XXIX shall take effect on the later of— 

21 (1) October 1, 2009; or 

22 (2) the date of the enactment of this Act. 

23 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. 


tjames on PRODPC75 with BILLS
502 

•HR 2647 RH

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

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

1 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts ap4 propriated pursuant to the authorization of appropriations 

5 in section 2104(a)(1), the Secretary of the Army may ac6 quire real property and carry out military construction 

7 projects for the installations or locations inside the United 

8 States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska ......................... Fort Richardson ................................................ $51,150,000 

Fort Wainwright ............................................... $198,000,000 

Alabama ..................... Anniston Army Depot ....................................... $3,000,000 

Redstone Arsenal ............................................... $3,550,000 

Arizona ...................... Fort Huachuca .................................................. $27,700,000 

Arkansas .................... Pine Bluff Arsenal ............................................ $25,000,000 

California .................. Fort Irwin .......................................................... $9,500,000 

Colorado ..................... Fort Carson ........................................................ $342,950,000 

Florida ....................... Elgin Air Force Base ........................................ $131,600,000 

Georgia ....................... Fort Benning ..................................................... $295,300,000 

Fort Gillem ........................................................ $10,800,000 

Fort Stewart ...................................................... $145,400,000 

Hawaii ....................... Schofield Barracks ............................................. $184,000,000 

Wheeler Army Air Field ................................... $7,500,000 

Kansas ....................... Fort Riley .......................................................... $162,400,000 

Kentucky .................... Fort Campbell .................................................... $14,400,000 

Fort Knox .......................................................... $70,000,000 

Louisiana ................... Fort Polk ............................................................ $55,400,000 

Maryland ................... 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 ......................................................... $111,150,000 

..................................... 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 .......................................................... $40,600,000 

Fort Sam Houston ............................................ $19,800,000 

Utah ........................... Dugway Proving Ground ................................. $25,000,000 

Virginia ..................... Fort A.P. Hill .................................................... $23,000,000 

Fort Belvoir ....................................................... $37,900,000 

Fort Lee .............................................................. $5,000,000 

Washington ................ Fort Lewis .......................................................... $18,700,000 


tjames on PRODPC75 with BILLS
503 

•HR 2647 RH

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the United 

6 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 ......................... Brussels ........................................................... $20,000,000 

Germany ....................... Ansbach ........................................................... $31,700,000 

Kleber Kaserne ................................................ $20,000,000 

Landstuhl ........................................................ $25,000,000 

Japan ............................ Okinawa .......................................................... $6,000,000 

Sagamihara .................................................... $6,000,000 

Korea ............................. Camp Humphreys .......................................... $50,200,000 

Kuwait .......................... Camp Arifjan .................................................. $82,000,000 

7 SEC. 2102. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2104(a)(5)(A), the Secretary of the 

11 Army may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the 

13 installations or locations, in the number of units, and in 

14 the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Germany .......................... Baumholder ..................... 38 ..................... $18,000,000 

15 (b) PLANNING AND DESIGN.—Using amounts appro16 priated pursuant to the authorization of appropriations in 

17 section 2104(a)(5)(A), the Secretary of the Army may carry 


tjames on PRODPC75 with BILLS
504 

•HR 2647 RH

1 out architectural and engineering services and construction 

2 design activities with respect to the construction or im3 provement of family housing units in an amount not to 

4 exceed $3,936,000. 

5 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

6 UNITS. 

7 Subject to section 2825 of title 10, United States Code, 

8 and using amounts appropriated pursuant to the author9 ization of appropriations in section 2104(a)(5)(A), the Sec10 retary of the Army may improve existing military family 

11 housing units in an amount not to exceed $219,300,000. 

12 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

13 (a) IN GENERAL.—Funds are hereby authorized to be 

14 appropriated for fiscal years beginning after September 30, 

15 2009, for military construction, land acquisition, and mili16 tary family housing functions of the Department of the 

17 Army in the total amount of $4,427,076,000 as follows: 

18 (1) For military construction projects inside the 

19 United States authorized by section 2101(a), 

20 $2,738,150,000. 

21 (2) For military construction projects outside the 

22 United States authorized by section 2101(b), 

23 $328,000,000. 


tjames on PRODPC75 with BILLS
505 

•HR 2647 RH

1 (3) For unspecified minor military construction 

2 projects authorized by section 2805 of title 10, United 

3 States Code, $33,000,000. 

4 (4) For host nation support and architectural 

5 and engineering services and construction design 

6 under section 2807 of title 10, United States Code, 

7 $187,872,000. 

8 (5) For military family housing functions: 

9 (A) For construction and acquisition, plan10 ning and design, and improvement of military 

11 family housing and facilities, $273,236,000. 

12 (B) For support of military family housing 

13 (including the functions described in section 

14 2833 of title 10, United States Code), 

15 $523,418,000. 

16 (6) For the construction of increment 4 of a bri17 gade complex at Fort Lewis, Washington, authorized 

18 by section 2101(a) of the Military Construction Au19 thorization Act for Fiscal Year 2007 (division B of 

20 Public Law 109–364; 120 Stat. 2445), as amended by 

21 section 20814 of the Continuing Appropriations Reso22 lution, 2007 (division B of Public Law 109–289), as 

23 added by section 2 of the Revised Continuing Resolu24 tion, 2007 (Public Law 110–5; 121 Stat 41) 

25 $102,000,000. 


tjames on PRODPC75 with BILLS
506 

•HR 2647 RH

1 (7) For the construction of increment 2 of the 

2 United States Southern Command Headquarters at 

3 Miami Doral, Florida, authorized by section 2101(a) 

4 of the Military Construction Authorization Act for 

5 Fiscal Year 2008 (division B of Public Law 110–181; 

6 122 Stat. 504), $55,400,000. 

7 (8) For the construction of increment 3 of the 

8 brigade complex operations support facility at 

9 Vicenza, Italy, authorized by section 2101(b) of the 

10 Military Construction Authorization Act for Fiscal 

11 Year 2008 (division B of Public Law 110–181; 122 

12 Stat. 505), $23,500,000. 

13 (9) For the construction of increment 3 of the 

14 brigade complex barracks and community support fa15 cility at Vicenza, Italy, authorized by section 2101(b) 

16 of the Military Construction Authorization Act for 

17 Fiscal Year 2008 (division B of Public Law 110–181; 

18 122 Stat. 505), $22,500,000. 

19 (10) For the construction of increment 2 of a 

20 barracks and dining complex at Fort Carson, Colo21 rado, authorized by section 2101(a) of the Military 

22 Construction Authorization Act for Fiscal Year 2009 

23 (division B of Public Law 110–417 122 Stat. 4659), 

24 $60,000,000. 


tjames on PRODPC75 with BILLS
507 

•HR 2647 RH

1 (11) For the construction of increment 2 of a 

2 barracks and dining complex at Fort Stewart, Geor3 gia, authorized by section 2101(a) of the Military 

4 Construction Authorization Act for Fiscal Year 2009 

5 (division B of Public Law 110–417 122 Stat. 4659), 

6 $80,000,000. 

7 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

8 PROJECTS.—Notwithstanding the cost variations author9 ized by section 2853 of title 10, United States Code, and 

10 any other cost variation authorized by law, the total cost 

11 of all projects carried out under section 2101 of this Act 

12 may not exceed the sum of the following: 

13 (1) The total amount authorized to be appro14 priated under paragraphs (1) and (2) of subsection 

15 (a). 

16 (2) $95,000,000 (the balance of the amount au17 thorized under section 2101(a) for an aviation task 

18 force complex, Phase I at Fort Wainwright, Alaska). 

19 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT 

20 CERTAIN FISCAL YEAR 2009 PROJECT. 

21 In the case of the authorization contained in the table 

22 in section 2101(a) of the Military Construction Authoriza23 tion Act of Fiscal Year 2009 (Public Law 110–417; 122 

24 Stat. 4659) for Fort Bragg, North Carolina, for construc25 tion of a chapel at the installation, the Secretary of the 


tjames on PRODPC75 with BILLS
508 

•HR 2647 RH

1 Army may construct up to a 22,600 square-feet (400 per2 son) chapel consistent with the Army’s standard square 

3 footage for chapel construction guidelines. 

4 SEC. 2106. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

5 FISCAL YEAR 2006 PROJECTS. 

6 (a) EXTENSION.—Notwithstanding section 2701 of the 

7 Military Construction Authorization Act for Fiscal Year 

8 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

9 authorizations set forth in the table in subsection (b), as 

10 provided in section 2101 of that Act (119 Stat. 3485) and 

11 extended by section 2107 of the Military Construction Au12 thorization Act for Fiscal Year 2009 (division B of Public 

13 Law 110–417; 122 Stat. 4665), shall remain in effect until 

14 October 1, 2010, or the date of the enactment of an Act 

15 authorizing funds for military construction for fiscal year 

16 2011, whichever is later: 

17 (b) TABLE.—The table referred to in subsection (a) is 

18 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 

19 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. 


tjames on PRODPC75 with BILLS
509 

•HR 2647 RH

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

year 2006 project. 

1 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

2 ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts ap4 propriated pursuant to the authorization of appropriations 

5 in section 2204(1), the Secretary of the Navy may acquire 

6 real property and carry out military construction projects 

7 for the installations or locations inside the United States, 

8 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 

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 .................................. $56,042,000 

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 .......................... $35,182,000 

Maine ........................... Portsmouth Naval Shipyard ........................... $7,090,000 

Maryland ..................... Naval Surface Warfare Center, Carderock .... $6,520,000 

Naval Air Station, Patuxent River ................ $11,043,000 

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 .................................. $54,333,000 

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 

Norfolk Naval Shipyard, Portsmouth ............ $226,969,000 

Marine Corps Base, Quantico ......................... $105,240,000 

Washington .................. Naval Station, Everett .................................... $3,810,000 

Naval Magazine, Indian Island ..................... $13,130,000 


tjames on PRODPC75 with BILLS
510 

•HR 2647 RH

Navy: Inside the United States—Continued 

State Installation or Location Amount 

Spokane ............................................................ $12,707,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(2), the Secretary of the Navy may 

4 acquire real property and carry out military construction 

5 projects for the installation or location outside the United 

6 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 Base, Guam ............................................ $505,161,000 

Andersen Air Force Base .................................. $110,297,000 

Spain ............................ Naval Station, Rota .......................................... $26,278,000 

7 SEC. 2202. FAMILY HOUSING. 

8 (a) CONSTRUCTION AND ACQUISITION.—Using 

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2204(5)(A), the Secretary of the 

11 Navy may construct or acquire family housing units (in12 cluding land acquisition and supporting facilities) at the 

13 installations or locations, in the number of units, and in 

14 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 


tjames on PRODPC75 with BILLS
511 

•HR 2647 RH

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in 

3 section 2204(5)(A), the Secretary of the Navy may carry 

4 out architectural and engineering services and construction 

5 design activities with respect to the construction or im6 provement of family housing units in an amount not to 

7 exceed $2,771,000. 

8 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

9 UNITS. 

10 Subject to section 2825 of title 10, United States Code, 

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2204(5)(A), the Sec13 retary of the Navy may improve existing military family 

14 housing units in an amount not to exceed $118,692,000. 

15 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

16 Funds are hereby authorized to be appropriated for fis17 cal years beginning after September 30, 2009, for military 

18 construction, land acquisition, and military family housing 

19 functions of the Department of the Navy in the total amount 

20 of $4,220,719,000, as follows: 

21 (1) For military construction projects inside the 

22 United States authorized by section 2201(a), 

23 $2,792,210,000. 


tjames on PRODPC75 with BILLS
512 

•HR 2647 RH

1 (2) For military construction projects outside the 

2 United States authorized by section 2201(b), 

3 $483,845,000. 

4 (3) For unspecified minor military construction 

5 projects authorized by section 2805 of title 10, United 

6 States Code, $17,483,000. 

7 (4) For architectural and engineering services 

8 and construction design under section 2807 of title 

9 10, United States Code, $179,652,000. 

10 (5) For military family housing functions: 

11 (A) For construction and acquisition, plan12 ning and design, and improvement of military 

13 family housing and facilities, $146,569,000. 

14 (B) For support of military family housing 

15 (including functions described in section 2833 of 

16 title 10, United States Code), $368,540,000. 

17 (6) For the construction of increment 6 of a lim18 ited area production and storage complex at Bangor, 

19 Washington, authorized by section 2201(a) of the 

20 Military Construction Authorization Act for Fiscal 

21 Year 2005 (division B of Public Law 108–375; 118 

22 Stat. 2106), $87,292,000. 

23 (7) For the construction of increment 2 of en24 clave fencing at Naval Submarine Base, Bangor, 

25 Washington, authorized by section 2201(a) of the 


tjames on PRODPC75 with BILLS
513 

•HR 2647 RH

1 Military Construction Authorization Act for Fiscal 

2 Year 2006 (division B of Public Law 109–163; 119 

3 Stat. 3490), as amended by section 2205 of this Act, 

4 $67,419,000. 

5 (8) For the construction of increment 2 of a re6 placement maintenance pier at Bremerton, Wash7 ington, authorized by section 2201(a) of the Military 

8 Construction Authorization Act for Fiscal Year 2008 

9 (division B of Public Law 110–181; 122 Stat. 510), 

10 $69,064,000. 

11 (9) For the construction of increment 3 of a sub12 marine drive-in magazine silencing facility at Naval 

13 Base Pearl Harbor, Hawaii, authorized by section 

14 2201(a) of the Military Construction Authorization 

15 Act for Fiscal Year 2008 (division B of Public Law 

16 110–181; 122 Stat. 510), $8,645,000. 

17 SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY 

18 TO CARRY OUT CERTAIN FISCAL YEAR 2006 

19 PROJECT. 

20 (a) MODIFICATION.—The table in section 2201(a) of 

21 the Military Construction Authorization Act for Fiscal Year 

22 2006 (division B of Public Law 109-163; 119 Stat. 3490) 

23 is amended in the item relating to Naval Submarine Base, 

24 Bangor, Washington, by striking ‘‘$60,160,000’’ and insert25 ing ‘‘$127,163,000’’. 


tjames on PRODPC75 with BILLS
514 

•HR 2647 RH

1 (b) CONFORMING AMENDMENT.—Section 2204(b) of 

2 that Act (119 Stat. 3492) is amended by adding at the end 

3 the following new paragraph: 

4 ‘‘(11) $67,003,000 (the balance of the amount 

5 authorized under section 2201(a) for construction of 

6 a waterfront security enclave at Naval Submarine 

7 Base, Bangor, Washington).’’. 

8 (c) EXTENSION.—Notwithstanding section 2701 of the 

9 Military Construction Authorization Act for Fiscal Year 

10 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

11 the authorization relating to enclave fencing/parking at 

12 Naval Submarine Base, Bangor, Washington (formerly re13 ferred to as a project at Naval Submarine Base, Bangor, 

14 Washington), as provided in section 2201 of that Act, shall 

15 remain in effect until October 1, 2012, or the date of the 

16 enactment of an Act authorizing funds for military con17 struction for fiscal year 2013, whichever is later. 

18 TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorizations of certain fiscal year 2007 projects. 

Sec. 2306. Extension of authorizations of certain fiscal year 2006 projects. 

19 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

20 LAND ACQUISITION PROJECTS. 

21 (a) INSIDE THE UNITED STATES.—Using amounts ap22 propriated pursuant to the authorization of appropriations 


tjames on PRODPC75 with BILLS
515 

•HR 2647 RH

1 in section 2304(1), the Secretary of the Air Force may ac2 quire real property and carry out military construction 

3 projects for the installations or locations inside the United 

4 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 

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 

United States Air Force Academy .. $17,500,000 

Delaware ................................. Dover Air Force Base ....................... $17,400,000 

Florida .................................... Eglin Air Force Base ....................... $84,360,000 

Hurlburt Field .................................. $19,900,000 

MacDill Air Force Base ................... $59,300,000 

Georgia ................................... 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 

Maryland ................................ Andrews Air Force Base .................. $9,300,000 

Missouri .................................. Whiteman Air Force Base ................ $12,900,000 

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 ................ $15,900,000 

Kirtland Air Force Base .................. $22,500,000 

North Carolina ....................... Seymour Johnson Air Force Base ... $6,900,000 

North Dakota ......................... 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 ...................... $18,137,000 

South Carolina ...................... Shaw Air Force Base ........................ $21,183,000 

Texas ....................................... Dyess Air Force Base ....................... $4,500,000 

Goodfellow Air Force Base ............... $32,400,000 

Lackland Air Force Base ................. $113,879,000 

Utah ........................................ Hill Air Force Base .......................... $26,153,000 

Virginia .................................. Langley Air Force Base ................... $10,000,000 

Washington ............................. Fairchild Air Force Base ................. $4,150,000 

Wyoming ................................ F. E. Warren Air Force Base .......... $9,100,000 

5 (b) OUTSIDE THE UNITED STATES.—Using amounts 

6 appropriated pursuant to the authorization of appropria7 tions in section 2304(2), the Secretary of the Air Force may 

8 acquire real property and carry out military construction 


tjames on PRODPC75 with BILLS
516 

•HR 2647 RH

1 projects for the installations or locations outside the United 

2 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 

Oman ................................... Al Musannah Air Base ............................. $116,000,000 

Qatar .................................... Al Udeid Air Base ..................................... $60,000,000 

Turkey .................................. Incirlik Air Base ....................................... $9,200,000 

3 SEC. 2302. FAMILY HOUSING. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2304(5)(A), the Sec6 retary of the Air Force may carry out architectural and 

7 engineering services and construction design activities with 

8 respect to the construction or improvement of family hous9 ing units in an amount not to exceed $4,314,000. 

10 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

11 UNITS. 

12 Subject to section 2825 of title 10, United States Code, 

13 and using amounts appropriated pursuant to the author14 ization of appropriations in section 2304(5)(A), the Sec15 retary of the Air Force may improve existing military fam16 ily housing units in an amount not to exceed $61,787,000. 


tjames on PRODPC75 with BILLS
517 

•HR 2647 RH

1 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

2 FORCE. 

3 Funds are hereby authorized to be appropriated for fis4 cal years beginning after September 30, 2009, for military 

5 construction, land acquisition, and military family housing 

6 functions of the Department of the Air Force in the total 

7 amount of $1,928,208,000, as follows: 

8 (1) For military construction projects inside the 

9 United States authorized by section 2301(a), 

10 $838,362,000. 

11 (2) For military construction projects outside the 

12 United States authorized by section 2301(b), 

13 $404,402,000. 

14 (3) For unspecified minor military construction 

15 projects authorized by section 2805 of title 10, United 

16 States Code, $23,000,000. 

17 (4) For architectural and engineering services 

18 and construction design under section 2807 of title 

19 10, United States Code, $93,407,000. 

20 (5) For military family housing functions: 

21 (A) For construction and acquisition, plan22 ning and design, and improvement of military 

23 family housing and facilities, $66,101,000. 

24 (B) For support of military family housing 

25 (including functions described in section 2833 of 

26 title 10, United States Code), $502,936,000. 


tjames on PRODPC75 with BILLS
518 

•HR 2647 RH

1 SEC. 2305. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2007 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2007 (division B of Public Law 109-364; 120 Stat. 2463), 

6 authorizations set forth in the table in subsection (b), as 

7 provided in sections 2301 and 2302 of that Act, shall re8 main in effect until October 1, 2010, or the date of the en9 actment of an Act authorizing funds for military construc10 tion for fiscal year 2011, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 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 

13 SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

14 FISCAL YEAR 2006 PROJECTS. 

15 (a) EXTENSION.—Notwithstanding section 2701 of the 

16 Military Construction Authorization Act for Fiscal Year 

17 2006 (division B of Public Law 109-163; 119 Stat. 3501), 

18 authorizations set forth in the table in subsection (b), as 

19 provided in section 2302 of that Act (119 Stat. 3495) and 

20 extended by section 2305 of the Military Construction Au21 thorization Act for Fiscal Year 2009 (division B of Public 


tjames on PRODPC75 with BILLS
519 

•HR 2647 RH

1 Law 110–417; 122 Stat. 4684), shall remain in effect until 

2 October 1, 2010, or the date of the enactment of an Act 

3 authorizing funds for military construction for fiscal year 

4 2011, whichever is later. 

5 (b) TABLE.—The table referred to in subsection (a) is 

6 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 

7 TITLE XXIV—DEFENSE 

8 AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Authorization of appropriations, Defense Agencies. 

Sec. 2403. Modification of authority to carry out certain fiscal year 2008 project. 

Sec. 2404. Modification of authority to carry out certain fiscal year 2009 project. 

Sec. 2405. Extension of authorizations of certain fiscal year 2007 project. 

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, defense-wide. 

9 Subtitle A—Defense Agency 

10 Authorizations 

11 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC12 TION AND LAND ACQUISITION PROJECTS. 

13 (a) INSIDE THE UNITED STATES.—Using amounts ap14 propriated pursuant to the authorization of appropriations 


tjames on PRODPC75 with BILLS
520 

•HR 2647 RH

1 in section 2402(a)(1), the Secretary of Defense may acquire 

2 real property and carry out military construction projects 

3 for the installations or locations inside the United States, 

4 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 ........... $45,003,000 

North Carolina .............. Fort Bragg ........................................................ $3,439,000 

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 

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 ................................................. $32,335,000 

New Mexico ..................... Cannon Air Force Base .................................. $52,864,000 


tjames on PRODPC75 with BILLS
521 

•HR 2647 RH

Special Operations Command—Continued 

State Installation or Location Amount 

North Carolina ............... Fort Bragg ...................................................... $101,488,000 

Marine Corps Base, Camp Lejeune ............... $11,791,000 

Virginia .......................... Naval Amphibious Base, Little Creek ........... $18,669,000 

Naval Surface Warfare Center, Dam Neck ... $6,100,000 

Washington ..................... Fort Lewis ....................................................... $14,500,000 

TRICARE Management Activity 

State Installation or Location Amount 

Alaska ............................. Elmendorf Air Force Base ............................. $25,017,000 

Fort Richardson .............................................. $3,518,000 

Colorado .......................... Fort Carson ..................................................... $52,773,000 

Georgia ........................... Fort Benning .................................................. $17,200,000 

Fort Stewart/Hunter Army Field ................. $26,386,000 

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 ........................................................ $996,295,000 

Washington ..................... Fort Lewis ....................................................... $15,636,000 

Washington Headquarters Services 

State Installation or Location Amount 

Virginia .......................... Pentagon Reservation ..................................... $27,672,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2404(a)(2), the Secretary of Defense may 

4 acquire real property and carry out military construction 

5 projects for the installations or locations outside the United 

6 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 ........................ Kaiserslautern .................................................. $93,545,000 

Wiesbaden Air Base ......................................... $5,379,000 

United Kingdom ........... Royal Air Force Lakenheath ........................... $4,509,000 


tjames on PRODPC75 with BILLS
522 

•HR 2647 RH

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 

Guam .............................. Naval Air Station, Agana ............................. $4,900,000 

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 

TRICARE Management Activity 

Country Installation or Location Amount 

Guam .............................. Naval Activities, Guam .................................. $446,450,000 

United Kingdom ............ Royal Air Force Alconbury ........................... $14,227,000 

1 SEC. 2402. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

2 AGENCIES. 

3 (a) IN GENERAL.—Funds are hereby authorized to be 

4 appropriated for fiscal years beginning after September 30, 

5 2009, for military construction, land acquisition, and mili6 tary family housing functions of the Department of Defense 

7 (other than the military departments) in the total amount 

8 of $3,132,024,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2401(a), 

11 $1,170,314,000. 


tjames on PRODPC75 with BILLS
523 

•HR 2647 RH

1 (2) For military construction projects outside the 

2 United States authorized by section 2401(b), 

3 $857,678,000. 

4 (3) For unspecified minor military construction 

5 projects under section 2805 of title 10, United States 

6 Code, $33,025,000. 

7 (4) For contingency construction projects of the 

8 Secretary of Defense under section 2804 of title 10, 

9 United States Code, $10,000,000. 

10 (5) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $121,442,000. 

13 (6) For energy conservation projects under chap14 ter 173 of title 10, United States Code, $90,000,000. 

15 (7) For support of military family housing, in16 cluding functions described in section 2833 of title 10, 

17 United States Code, and credits to the Department of 

18 Defense Family Housing Improvement Fund under 

19 section 2883 of title 10, United States Code, and the 

20 Homeowners Assistance Fund established under sec21 tion 1013 of the Demonstration Cities and Metropoli22 tan Development Act of 1966 (42 U.S.C. 3374), 

23 $77,898,000. 

24 (8) For the construction of increment 4 of the 

25 Army Medical Research Institute of Infectious DisVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00523 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
524 

•HR 2647 RH

1 eases Stage 1 at Fort Detrick, Maryland, authorized 

2 by section 2401(a) of the Military Construction Au3 thorization Act of Fiscal Year 2007 (division B of 

4 Public Law 109–364; 120 Stat. 2457), $28,000,000. 

5 (9) For the construction of increment 2 of re6 placement fuel storage facilities at Point Loma 

7 Annex, California, authorized by section 2401(a) of 

8 the Military Construction Authorization Act of Fiscal 

9 Year 2008 (division B of Public Law 110–181; 122 

10 Stat. 521), as amended by section 2405 of this Act, 

11 $92,300,000. 

12 (10) For the construction of increment 3 of a 

13 special operations facility at Dam Neck, Virginia, au14 thorized by section 2401(a) of the Military Construc15 tion Authorization Act of Fiscal Year 2008 (division 

16 B of Public Law 110–181; 122 Stat. 521), 

17 $15,967,000. 

18 (11) For the construction of increment 2 of the 

19 United States Army Medical Research Institute of 

20 Chemical Defense replacement facility at Aberdeen 

21 Proving Ground, Maryland, authorized by section 

22 2401(a) of the Military Construction Authorization 

23 Act of Fiscal Year 2009 (division B of Public Law 

24 110–417 122 Stat. 4689), $111,400,000. 


tjames on PRODPC75 with BILLS
525 

•HR 2647 RH

1 (12) For the construction of fuel storage tanks 

2 and pipeline replacement at Souda Bay, Greece, au3 thorized by section 2401(b) of the Military Construc4 tion Authorization Act of Fiscal Year 2009 (division 

5 B of Public Law 110–417; 122 Stat. 4691), as 

6 amended by section 2406 of this Act, $24,000,000. 

7 (13) For the construction of increment 2 of a Na8 tional Security Agency data center at Camp Wil9 liams, Utah, authorized as a Military Construction, 

10 Defense-Wide project by the Supplemental Appropria11 tions Act, 2009, $500,000,000. 

12 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

13 PROJECTS.—Notwithstanding the cost variations author14 ized by section 2853 of title 10, United States Code, and 

15 any other cost variation authorized by law, the total cost 

16 of all projects carried out under section 2401 of this Act 

17 may not exceed the sum of the total amount authorized to 

18 be appropriated under paragraphs (1) and (2) of subsection 

19 (a). 

20 (c) AVAILABILITY OF FUNDS FOR ENERGY CONSERVA21 TION PROJECTS OF RESERVE COMPONENTS.—Of the 

22 amount authorized to be appropriated by subsection (a)(6) 

23 for energy conservation projects under chapter 173 of title 

24 10, United States Code, the Secretary of Defense shall re25 serve a portion of the amount for energy conservation 


tjames on PRODPC75 with BILLS
526 

•HR 2647 RH

1 projects for the reserve components in an amount that bears 

2 the same proportion to the total amount authorized to be 

3 appropriated as the total quantity of energy consumed by 

4 reserve facilities (as defined in section 18232(2) of such 

5 title) during fiscal year 2009 bears to the total quantity 

6 of energy consumed by all military installations (as defined 

7 in section 2687(e)(1) of such title) during that fiscal year, 

8 as determined by the Secretary. 

9 SEC. 2403. MODIFICATION OF AUTHORITY TO CARRY OUT 

10 CERTAIN FISCAL YEAR 2008 PROJECT. 

11 (a) MODIFICATION.—The table relating to the Defense 

12 Logistics Agency in section 2401 (a) of the Military Con13 struction Authorization Act for Fiscal Year 2008 (division 

14 B of Public Law 110-181; 122 Stat. 521) is amended in 

15 the item relating to Point Loma Annex, California, by 

16 striking ‘‘$140,000,000’’ in the amount column and insert17 ing ‘‘$195,000,000’’. 

18 (b) CONFORMING AMENDMENT.—Section 2403(b)(2) of 

19 that Act (122 Stat.524) is amended by striking 

20 ‘‘$84,300,000’’ and inserting ‘‘$139,300,000’’. 

21 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT 

22 CERTAIN FISCAL YEAR 2009 PROJECT. 

23 (a) MODIFICATION.—The table relating to the Defense 

24 Logistics Agency in section 2401 (b) of the Military Con25 struction Authorization Act for Fiscal Year 2009 (division 


tjames on PRODPC75 with BILLS
527 

•HR 2647 RH

1 B of Public Law 110-417; 122 Stat. 4691) is amended in 

2 the item relating to Souda Bay, Greece, by striking 

3 ‘‘$8,000,000’’ in the amount column and inserting 

4 ‘‘$32,000,000’’. 

5 (b) CONFORMING AMENDMENT.—Section 2403(b) of 

6 that Act (122 Stat. 4692) is amended by adding at the end 

7 the following new paragraph: 

8 ‘‘(5) $24,000,000 (the balance of the amount au9 thorized for the Defense Logistics Agency under sec10 tion 2401(b) for fuel storage tanks and pipeline re11 placement at Souda Bay, Greece).’’. 

12 SEC. 2405. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

13 FISCAL YEAR 2007 PROJECT. 

14 (a) EXTENSION.—Notwithstanding section 2701 of the 

15 Military Construction Authorization Act for Fiscal Year 

16 2007 (division B of Public Law 109-364; 120 Stat. 2463), 

17 authorizations set forth in the table in subsection (b), as 

18 provided in section 2402 of that Act, shall remain in effect 

19 until October 1, 2010, or the date of the enactment of an 

20 Act authorizing funds for military construction for fiscal 

21 year 2011, whichever is later. 

22 (b) TABLE.—The table referred to in subsection (a) is 

23 as follows: 

Defense Logistics Agency: Family Housing 

State Location Units Amount 

Virginia .................. Defense Supply Center, Richmond.Whole House 

Renovation.

$484,000 


tjames on PRODPC75 with BILLS
528 

•HR 2647 RH

1 Subtitle B—Chemical 

2 Demilitarization Authorizations 

3 SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, CHEM4 ICAL DEMILITARIZATION CONSTRUCTION, 

5 DEFENSE-WIDE. 

6 Funds are hereby authorized to be appropriated for fis7 cal years beginning after September 30, 2009, for military 

8 construction and land acquisition for chemical demili9 tarization in the total amount of $146,541,000 as follows: 

10 (1) For the construction of phase 11 of a chem11 ical munitions demilitarization facility at Pueblo 

12 Chemical Activity, Colorado, authorized by section 

13 2401(a) of the Military Construction Authorization 

14 Act for Fiscal Year 1997 (division B of Public Law 

15 104–201; 110 Stat. 2775), as amended by section 

16 2406 of the Military Construction Authorization Act 

17 for Fiscal Year 2000 (division B of Public Law 106– 

18 65; 113 Stat. 839), section 2407 of the Military Con19 struction Authorization Act for Fiscal Year 2003 (di20 vision B of Public Law 107–314; 116 Stat. 2698), 

21 and section 2413 of the Military Construction Author22 ization Act for Fiscal Year 2009 (division B of Public 

23 Law 110–417; 122 Stat. 4697), $92,500,000. 

24 (2) For the construction of phase 10 of a muni25 tions demilitarization facility at Blue Grass Army 


tjames on PRODPC75 with BILLS
529 

•HR 2647 RH

1 Depot, Kentucky, authorized by section 2401(a) of the 

2 Military Construction Authorization Act for Fiscal 

3 Year 2000 (division B of Public Law 106–65; 113 

4 Stat. 835), as amended by section 2405 of the Mili5 tary Construction Authorization Act for Fiscal Year 

6 2002 (division B of Public Law 107–107; 115 Stat. 

7 1298), section 2405 of the Military Construction Au8 thorization Act for Fiscal Year 2003 (division B of 

9 Public Law 107–314; 116 Stat. 2698), and section 

10 2414 of the Military Construction Authorization Act 

11 for Fiscal Year 2009 (division B of Public Law 110– 

12 417; 122 Stat. 4697), $54,041,000. 

13 TITLE XXV—NORTH ATLANTIC 

14 TREATY ORGANIZATION SE15 CURITY INVESTMENT PRO16 GRAM 

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

Sec. 2502. Authorization of appropriations, NATO. 

17 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND 

18 ACQUISITION PROJECTS. 

19 The Secretary of Defense may make contributions for 

20 the North Atlantic Treaty Organization Security Invest21 ment Program as provided in section 2806 of title 10, 

22 United States Code, in an amount not to exceed the sum 

23 of the amount authorized to be appropriated for this pur24 pose in section 2502 and the amount collected from the 


tjames on PRODPC75 with BILLS
530 

•HR 2647 RH

1 North Atlantic Treaty Organization as a result of construc2 tion previously financed by the United States. 

3 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

4 Funds are hereby authorized to be appropriated for fis5 cal years beginning after September 30, 2009, for contribu6 tions by the Secretary of Defense under section 2806 of title 

7 10, United States Code, for the share of the United States 

8 of the cost of projects for the North Atlantic Treaty Organi9 zation Security Investment Program authorized by section 

10 2501, in the amount of $276,314,000. 

11 TITLE XXVI—GUARD AND 

12 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. 

13 SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CON14 STRUCTION AND LAND ACQUISITION 

15 PROJECTS. 

16 (a) INSIDE THE UNITED STATES.—Using amounts ap17 propriated pursuant to the authorization of appropriations 

18 in section 2606(1)(A), the Secretary of the Army may ac19 quire real property and carry out military construction 


tjames on PRODPC75 with BILLS
531 

•HR 2647 RH

1 projects for the Army National Guard locations inside the 

2 United States, and in the amounts, set forth in the following 

3 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 

Indiana ................................. Muscatatuck Urban Training Center ....... $10,100,000 

Massachusetts ........................ Hanscom Air Force Base ........................... $29,000,000 

Michigan ............................... Fort Custer .................................................. $7,732,000 

Minnesota ............................. Arden Hills ................................................. $6,700,000 

Camp Ripley .............................................. $1,710,000 

Mississippi ............................ Camp Shelby ............................................... $16,100,000 

Missouri ................................ Boonville ..................................................... $1,800,000 

Nebraska ................................ Lincoln Municipal Airport ....................... $23,000,000 

New Mexico ........................... Santa Fe ..................................................... $39,000,000 

Nevada .................................. North Las Vegas ......................................... $26,000,000 

North Carolina ..................... East Flat Rock ........................................... $2,516,000 

Fort Bragg .................................................. $6,038,000 

Oregon ................................... Polk County ................................................ $12,100,000 

South Carolina ..................... McEntire Joint National Guard Base ...... $26,000,000 

Donaldson Air Force Base ......................... $40,000,000 

Texas ..................................... Austin .......................................................... $22,200,000 

Virginia ................................. Fort Pickett ................................................. $32,000,000 

4 (b) OUTSIDE THE UNITED STATES.—Using amounts 

5 appropriated pursuant to the authorization of appropria6 tions in section 2606(1)(B), the Secretary of the Army may 

7 acquire real property and carry out military construction 

8 projects for the Army National Guard locations outside the 

9 United States, and in the amounts, set forth in the following 

10 table: 

Army National Guard: Outside the United States 

Country Location Amount 

Guam .................................... Barrigada ................................................... $30,000,000 

Virgin Islands ....................... St. Croix ...................................................... $20,000,000 


tjames on PRODPC75 with BILLS
532 

•HR 2647 RH

1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 (a) INSIDE THE UNITED STATES.—Using amounts ap4 propriated pursuant to the authorization of appropriations 

5 in section 2606(2)(A), the Secretary of the Army may ac6 quire real property and carry out military construction 

7 projects for the Army Reserve locations inside the United 

8 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 

Wisconsin ........................ Fort McCoy ..................................................... $25,000,000 

9 (b) OUTSIDE THE UNITED STATES.—Using amounts 

10 appropriated pursuant to the authorization of appropria11 tions in section 2606(2)(B), the Secretary of the Army may 

12 acquire real property and carry out military construction 

13 projects for the Army Reserve location outside the United 

14 States, and in the amount, set forth in the following table: 


tjames on PRODPC75 with BILLS
533 

•HR 2647 RH

Army Reserve: Outside the United States 

Country Location Amount 

Puerto Rico ........................... Caguas ...................................................... $12,400,000 

1 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

2 CORPS RESERVE CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 Using amounts appropriated pursuant to the author5 ization of appropriations in section 2606(3), the Secretary 

6 of the Navy may acquire real property and carry out mili7 tary construction projects for the Navy Reserve and Marine 

8 Corps Reserve locations, and in the amounts, set forth in 

9 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 

Forth Worth Naval Air Station Joint Reserve Base.$6,170,000 

Virginia ................................. Oceana Naval Air Station ......................... $30,400,000 

10 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC11 TION AND LAND ACQUISITION PROJECTS. 

12 Using amounts appropriated pursuant to the author13 ization of appropriations in section 2606(4)(A), the Sec14 retary of the Air Force may acquire real property and 

15 carry out military construction projects for the Air Na16 tional Guard locations, and in the amounts, set forth in 

17 the following table: 


tjames on PRODPC75 with BILLS
534 

•HR 2647 RH

Air National Guard 

State Location Amount 

Arizona ................................. Davis-Monthan Air Force Base ................ $5,600,000 

California ............................. South California Logistics Airport ........... $8,400,000 

Connecticut ........................... Bradley International Airport .................. $9,000,000 

Hawaii .................................. Hickam Air Force ...................................... $33,000,000 

Illinois ................................... Lincoln Capital Airport ............................ $3,000,000 

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 

Mississippi ............................ Gulfport-Biloxi Regional Airport ............. $6,500,000 

Wheeler Sack AAF ...................................... $2,700,000 

Nebraska ................................ Lincoln Municipal Airport ....................... $1,500,000 

Ohio ....................................... Mansfield Lahm Airport ............................ $11,400,000 

Oklahoma .............................. Will Rogers World Airport ........................ $7,300,000 

Texas ..................................... Kelly Field Annex ...................................... $7,900,000 

Wisconsin .............................. General Mitchell International Airport .... $5,000,000 

1 SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUC2 TION AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(4)(B), the Sec5 retary of the Air Force may acquire real property and 

6 carry out military construction projects for the Air Force 

7 Reserve locations, and in the amounts, set forth in the fol8 lowing 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 

Texas ..................................... Lackland Air Force Base ........................... $1,500,000 

Utah ...................................... Hill Air Force Base ................................... $3,200,000 

9 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NA10 TIONAL GUARD AND RESERVE. 

11 Funds are hereby authorized to be appropriated for fis12 cal years beginning after September 30, 2009, for the costs 


tjames on PRODPC75 with BILLS
535 

•HR 2647 RH

1 of acquisition, architectural and engineering services, and 

2 construction of facilities for the Guard and Reserve Forces, 

3 and for contributions therefor, under chapter 1803 of title 

4 10, United States Code (including the cost of acquisition 

5 of land for those facilities), in the following amounts: 

6 (1) For the Department of the Army, for the 

7 Army National Guard of the United States— 

8 (A) for military construction projects inside 

9 the United States authorized by section 2601(a), 

10 $509,129,000; and 

11 (B) for military construction projects out12 side the United States authorized by section 

13 2601(b), $20,000,000. 

14 (2) For the Department of the Army, for the 

15 Army Reserve— 

16 (A) for military construction projects inside 

17 the United States authorized by section 2602(a), 

18 $420,116,000; and 

19 (B) for military construction projects out20 side the United States authorized by section 

21 2602(b), $12,400,000. 

22 (3) For the Department of the Navy, for the 

23 Navy and Marine Corps Reserve, $172,177,000. 

24 (4) For the Department of the Air Force— 


tjames on PRODPC75 with BILLS
536 

•HR 2647 RH

1 (A) for the Air National Guard of the 

2 United States, $226,126,000; and 

3 (B) for the Air Force Reserve, $103,169,000. 

4 SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

5 FISCAL YEAR 2007 PROJECTS. 

6 (a) EXTENSION.—Notwithstanding section 2701 of the 

7 Military Construction Authorization Act for Fiscal Year 

8 2007 (division B of Public Law 109–364; 120 Stat. 2463), 

9 the authorizations set forth in the table in subsection (b), 

10 as provided in section 2601 of that Act, shall remain in 

11 effect until October 1, 2010, or the date of the enactment 

12 of an Act authorizing funds for military construction for 

13 fiscal year 2011, whichever is later. 

14 (b) TABLE.—The table referred to in subsection (a) is 

15 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 

16 SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

17 FISCAL YEAR 2006 PROJECT. 

18 (a) EXTENSION.—Notwithstanding section 2701 of the 

19 Military Construction Authorization Act for Fiscal Year 

20 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

21 the authorization set forth in the table in subsection (b), 


tjames on PRODPC75 with BILLS
537 

•HR 2647 RH

1 as provided in section 2601 of that Act (119 Stat. 3501) 

2 and extended by section 2608 of the Military Construction 

3 Authorization Act for Fiscal Year 2009 (division B of Pub4 lic Law 110–417; 122 Stat. 4710), shall remain in effect 

5 until October 1, 2010, or the date of the enactment of an 

6 Act authorizing funds for military construction for fiscal 

7 year 2011, whichever is later. 

8 (b) TABLE.—The table referred to in subsection (a) is 

9 as follows: 

Army National Guard: Extension of 2006 Project Authorization 

State Installation or Location Project Amount 

Montana ..................... Townsend ................... Automated Qualification Training 

Range.

$2,532,000 

10 TITLE XXVII—BASE CLOSURE 

11 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—Amendments to Base Closure and Related Laws 

Sec. 2711. Use of economic development conveyances to implement base closure 

and realignment property recommendations. 

Subtitle C—Other Matters 

Sec. 2721. Sense of Congress on ensuring joint basing recommendations do not 

adversely affect operational readiness. 

Sec. 2722. Modification of closure instructions regarding Paul Doble Army Reserve Center, Portsmouth, New Hampshire. 


tjames on PRODPC75 with BILLS
538 

•HR 2647 RH

1 Subtitle A—Authorizations 

2 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

3 CLOSURE AND REALIGNMENT ACTIVITIES 

4 FUNDED THROUGH DEPARTMENT OF DE5 FENSE BASE CLOSURE ACCOUNT 1990. 

6 Funds are hereby authorized to be appropriated for fis7 cal years beginning after September 30, 2009, for base clo8 sure and realignment activities, including real property ac9 quisition and military construction projects, as authorized 

10 by the Defense Base Closure and Realignment Act of 1990 

11 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

12 2687 note) and funded through the Department of Defense 

13 Base Closure Account 1990 established by section 2906 of 

14 such Act, in the total amount of $536,768,000, as follows: 

15 (1) For the Department of the Army, 

16 $133,723,000. 

17 (2) For the Department of the Navy, 

18 $228,000,000. 

19 (3) For the Department of the Air Force, 

20 $172,364,000. 

21 (4) For the Defense Agencies, $2,681,000. 


tjames on PRODPC75 with BILLS
539 

•HR 2647 RH

1 SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGN2 MENT ACTIVITIES FUNDED THROUGH DE3 PARTMENT OF DEFENSE BASE CLOSURE AC4 COUNT 2005. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2703, the Secretary of 

7 Defense may carry out base closure and realignment activi8 ties, including real property acquisition and military con9 struction projects, as authorized by the Defense Base Closure 

10 and Realignment Act of 1990 (part A of title XXIX of Pub11 lic Law 101–510; 10 U.S.C. 2687 note) and funded through 

12 the Department of Defense Base Closure Account 2005 es13 tablished by section 2906A of such Act, in the amount of 

14 $5,934,740,000. 

15 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

16 CLOSURE AND REALIGNMENT ACTIVITIES 

17 FUNDED THROUGH DEPARTMENT OF DE18 FENSE BASE CLOSURE ACCOUNT 2005. 

19 Funds are hereby authorized to be appropriated for fis20 cal years beginning after September 30, 2009, for base clo21 sure and realignment activities, including real property ac22 quisition and military construction projects, as authorized 

23 by the Defense Base Closure and Realignment Act of 1990 

24 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

25 2687 note) and funded through the Department of Defense 


tjames on PRODPC75 with BILLS
540 

•HR 2647 RH

1 Base Closure Account 2005 established by section 2906A of 

2 such Act, in the total amount of $7,129,498,000, as follows: 

3 (1) For the Department of the Army, 

4 $4,081,037,000. 

5 (2) For the Department of the Navy, 

6 $591,572,000, 

7 (3) For the Department of the Air Force, 

8 $418,260,000. 

9 (4) For the Defense Agencies, $2,038,629,000. 

10 Subtitle B—Amendments to Base 

11 Closure and Related Laws 

12 SEC. 2711. USE OF ECONOMIC DEVELOPMENT CONVEY13 ANCES TO IMPLEMENT BASE CLOSURE AND 

14 REALIGNMENT PROPERTY RECOMMENDA15 TIONS. 

16 (a) ECONOMIC REDEVELOPMENT CONVEYANCE AU17 THORITY.—Subsection (b)(4) of section 2905 of the Defense 

18 Base Closure and Realignment Act of 1990 (part A of title 

19 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is 

20 amended— 

21 (1) in subparagraph (A), by striking ‘‘job gen22 eration’’ and inserting ‘‘economic redevelopment’’; 

23 (2) by striking subparagraph (B) and inserting 

24 the following new subparagraph: 


tjames on PRODPC75 with BILLS
541 

•HR 2647 RH

1 ‘‘(B) Real or personal property at a military installa2 tion shall be conveyed, without consideration, under sub3 paragraph (A) to the redevelopment authority with respect 

4 to the installation if the authority— 

5 ‘‘(i) agrees that the proceeds from any sale or 

6 lease of the property (or any portion thereof) received 

7 by the redevelopment authority during at least the 

8 first seven years after the date of the initial transfer 

9 of the property under subparagraph (A) or the com10 pletion of the initial redevelopment of the property, 

11 whichever is earlier, shall be used to support the eco12 nomic redevelopment of, or related to, the installation; 

13 and 

14 ‘‘(ii) executes the agreement for transfer of the 

15 property and accepts control of the property within a 

16 reasonable time after the requirements associated with 

17 subsection (c) are satisfied.’’; and 

18 (3) in subparagraph (C), by adding at the end 

19 the following new clause: 

20 ‘‘(xiii) Environmental restoration, waste man21 agement, and environmental compliance activities 

22 provided pursuant to subsection (e).’’. 

23 (b) RECOUPMENT AUTHORITY.—Subsection (b)(4)(D) 

24 of such section is amended— 


tjames on PRODPC75 with BILLS
542 

•HR 2647 RH

1 (1) by striking ‘‘The Secretary’’ and inserting 

2 ‘‘At the conclusion of the period specified in subpara3 graph (B) applicable to an installation, the Sec4 retary’’; and 

5 (2) by striking ‘‘for the period specified in sub6 paragraph (B)’’ and inserting ‘‘before the conclusion 

7 of such period’’. 

8 (c) REGULATIONS AND REPORT CONCERNING PROP9 ERTY CONVEYANCES.— 

10 (1) REGULATIONS.—Not later than 60 days after 

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

12 Defense shall prescribe regulations to implement the 

13 amendments made by this section to support the con14 veyance of surplus real and personal property at 

15 closed or realigned military installations to local re16 development authorities for economic development 

17 purposes. 

18 (2) REPORT.—Not later than 180 days after the 

19 date of the enactment of this Act, the Secretary of De20 fense shall submit to Congress a report regarding the 

21 status of current and anticipated economic develop22 ment conveyances involving surplus real and personal 

23 property at closed or realigned military installations, 

24 projected job creation as a result of the conveyances, 

25 community reinvestment, and progress made as a reVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00542 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
543 

•HR 2647 RH

1 sult of the implementation of the amendments made 

2 by this section. 

3 Subtitle C—Other Matters 

4 SEC. 2721. SENSE OF CONGRESS ON ENSURING JOINT BAS5 ING RECOMMENDATIONS DO NOT ADVERSELY 

6 AFFECT OPERATIONAL READINESS. 

7 It is the sense of Congress that, in implementing the 

8 joint basing recommendations of the Defense Base Closure 

9 and Realignment Commission contained in the report of 

10 the Commission transmitted to Congress on September 15, 

11 2005, under section 2903(e) of the Defense Base Closure and 

12 Realignment Act of 1990 (part A of title XXIX of Public 

13 Law 101–510; 10 U.S.C. 2687 note), the Secretary of De14 fense should ensure that the joint basing of military instal15 lations at any of the recommended locations does not ad16 versely impact— 

17 (1) the ability of commanders, and the units of 

18 the Armed Forces under their command, to perform 

19 their operational missions; 

20 (2) the command and control of commanders at 

21 each military installation that has an operational 

22 mission requirement; and 

23 (3) the readiness of the units of the Armed Forces 

24 under their command. 


tjames on PRODPC75 with BILLS
544 

•HR 2647 RH

1 SEC. 2722. MODIFICATION OF CLOSURE INSTRUCTIONS RE2 GARDING PAUL DOBLE ARMY RESERVE CEN3 TER, PORTSMOUTH, NEW HAMPSHIRE. 

4 With respect to the closure of the Paul Doble Army 

5 Reserve Center in Portsmouth, New Hampshire, and reloca6 tion of units to a new reserve center and associated training 

7 and maintenance facilities, the new reserve center and asso8 ciated training and maintenance facilities may be located 

9 adjacent to or in the vicinity of Pease Air National Guard 

10 Base. 

11 TITLE XXVIII—MILITARY CON12 STRUCTION GENERAL PROVI13 SIONS 

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. Authorized scope of work variations for military construction projects 

and military family housing projects. 

Sec. 2804. Imposition of requirement that acquisition of reserve component facilities be authorized by law. 

Sec. 2805. Report on Department of Defense contributions to States for acquisition, construction, expansion, rehabilitation, or conversion of reserve component facilities. 

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. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Imposition of requirement that leases of real property to the United 

States with annual rental costs of more than $750,000 be authorized by law. 

Sec. 2812. Consolidation of notice-and-wait requirements applicable to leases of 

real property owned by the United States. 


tjames on PRODPC75 with BILLS
545 

•HR 2647 RH

Sec. 2813. Clarification of authority of military departments to acquire low-cost 

interests in land and interests in land when need is urgent. 

Sec. 2814. Modification of utility systems conveyance authority. 

Sec. 2815. Decontamination and use of former bombardment area on island of 

Culebra. 

Sec. 2816. Disposal of excess property of Armed Forces Retirement Home. 

Sec. 2817. Acceptance of contributions to support cleanup efforts at former Almaden Air Force Station, California. 

Sec. 2818. Limitation on establishment of Navy outlying landing fields. 

Sec. 2819. Prohibition on outlying landing field at Sandbanks or Hale’s Lake, 

North Carolina, for Oceana Naval Air Station. 

Sec. 2820. Selection of military installations to serve as locations of brigade combat teams. 

Subtitle C—Provisions Related to Guam Realignment 

Sec. 2831. Role of Under Secretary of Defense for Policy in management and coordination of Department 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 Inspector Generals 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 training requirements 

in Asia-Pacific region. 

Subtitle D—Energy Security 

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

activities. 

Sec. 2842. Department of Defense use of electric and hybrid motor vehicles. 

Sec. 2843. Department of Defense goal regarding use of renewable energy sources 

to meet facility energy needs. 

Sec. 2844. Comptroller General report on Department of Defense renewable energy initiatives. 

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

Subtitle E—Land Conveyances 

Sec. 2851. Transfer of administrative jurisdiction, Port Chicago Naval Magazine, 

California. 

Sec. 2852. Land conveyances, Naval Air Station, Barbers Point, Hawaii. 

Sec. 2853. Modification of land conveyance, former Griffiss Air Force Base, New 

York. 

Sec. 2854. Land conveyance, Army Reserve Center, Chambersburg, Pennsylvania. 

Sec. 2855. Land conveyance, Naval Air Station Oceana, Virginia. 

Sec. 2856. Land conveyance, Haines Tank Farm, Haines, Alaska. 


tjames on PRODPC75 with BILLS
546 

•HR 2647 RH

Sec. 2857. Completion of land exchange and consolidation, Fort Lewis, Washington. 

Subtitle F—Other Matters 

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

States Armed Forces working dog teams. 

Sec. 2872. Naming of child development center at Fort Leonard Wood, Missouri, 

in honor of Mr. S. Lee Kling. 

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. 

1 Subtitle A—Military Construction 

2 Program and Military Family 

3 Housing Changes 

4 SEC. 2801. MODIFICATION OF UNSPECIFIED MINOR CON5 STRUCTION AUTHORITIES. 

6 (a) REPEAL OF LIMITATIONS ON EXERCISE-RELATED

7 PROJECTS OVERSEAS.—Section 2805 of title 10, United 

8 States Code, is amended— 

9 (1) in subsection (a)— 

10 (A) by striking ‘‘(1) Except as provided in 

11 paragraph (2), within’’ and inserting ‘‘Within’’; 

12 (B) by striking paragraph (2); and 

13 (C) by striking ‘‘An unspecified’’ and in14 serting the following: 

15 ‘‘(2) An unspecified’’; and 

16 (2) in subsection (c)— 

17 (A) by striking ‘‘Except as provided in 

18 paragraphs (2) and (3)’’ and inserting ‘‘Except 

19 as provided in paragraph (2)’’; 


tjames on PRODPC75 with BILLS
547 

•HR 2647 RH

1 (B) by striking paragraph (2); and 

2 (C) by redesignating paragraph (3) as 

3 paragraph (2). 

4 (b) LABORATORY REVITALIZATION.— 

5 (1) REVITALIZATION AUTHORIZED.—Subsection 

6 (d) of such section is amended— 

7 (A) in paragraph (1)(B), by inserting ‘‘or 

8 from funds authorized to be available under sec9 tion 219(a) of the Duncan Hunter National De10 fense Authorization Act for Fiscal Year 2009 

11 (Public Law 110–417; 10 U.S.C. 2358 note)’’ 

12 after ‘‘authorized by law’’; 

13 (B) by striking paragraph (3); and 

14 (C) by redesignating paragraphs (4), (5), 

15 and (6) as paragraphs (3), (4), and (5), respec16 tively. 

17 (2) MECHANISMS TO PROVIDE FUNDS FOR REVI18 TALIZATION.—Section 219(a)(1) of the Duncan 

19 Hunter National Defense Authorization Act for Fiscal 

20 Year 2009 (Public Law 110–417; 10 U.S.C. 2358 

21 note) is amended by adding at the end the following 

22 new subparagraph: 

23 ‘‘(D) To fund the revitalization and recapi24 talization of the laboratory pursuant to section 

25 2805(d) of title 10, United States Code.’’. 


tjames on PRODPC75 with BILLS
548 

•HR 2647 RH

1 SEC. 2802. CONGRESSIONAL NOTIFICATION OF FACILITY 

2 REPAIR PROJECTS CARRIED OUT USING OP3 ERATION AND MAINTENANCE FUNDS. 

4 Section 2811(d) of title 10, United States Code, is 

5 amended— 

6 (1) in paragraph (1), by striking ‘‘and’’ at the 

7 end; and 

8 (2) by striking paragraph (2) and inserting the 

9 following new paragraphs: 

10 ‘‘(2) if the current estimate of the cost of the re11 pair project exceeds 50 percent of the estimated cost 

12 of a military construction project to replace the facil13 ity, an explanation of the reasons why replacement of 

14 the facility is not in the best interest of the Govern15 ment; and 

16 ‘‘(3) a description of the elements of military 

17 construction, including the elements specified in sec18 tion 2802(b) of this title, incorporated into the repair 

19 project.’’. 

20 SEC. 2803. AUTHORIZED SCOPE OF WORK VARIATIONS FOR 

21 MILITARY CONSTRUCTION PROJECTS AND 

22 MILITARY FAMILY HOUSING PROJECTS. 

23 (a) AUTHORIZED PROCESS TO INCREASE SCOPE OF

24 WORK.—Section 2853 of title 10, United States Code, is 

25 amended— 

26 (1) in subsection (b)— 


tjames on PRODPC75 with BILLS
549 

•HR 2647 RH

1 (A) by striking ‘‘Except’’ and inserting 

2 ‘‘LIMITATION ON SCOPE OF WORK VARI3 ATIONS.—(1) Except’’; and 

4 (B) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) Except as provided in subsection (c), the scope 

7 of work for a military construction project or for the con8 struction, improvement, and acquisition of a military fam9 ily housing project may not be increased beyond the amount 

10 approved for that project, construction, improvement, or ac11 quisition by Congress.’’; and 

12 (2) in subsection (c)— 

13 (A) in the matter preceding paragraph (1), 

14 by striking ‘‘scope reduction in subsection (b) 

15 does not apply if the variation in cost or reduc16 tion’’ and inserting ‘‘scope of work variations in 

17 subsection (b) does not apply if the variation in 

18 cost or the variation’’; and 

19 (B) in paragraph (1), by striking ‘‘reduc20 tion’’ both places it appears and inserting ‘‘vari21 ation’’. 

22 (b) STYLISTIC AMENDMENTS.—Such section is further 

23 amended— 

24 (1) in subsection (a), by inserting ‘‘LIMITATION

25 ON COST VARIATIONS.—’’ before ‘‘Except’’; 


tjames on PRODPC75 with BILLS
550 

•HR 2647 RH

1 (2) in subsection (c), by inserting ‘‘EXCEPTION; 

2 NOTICE-AND-WAIT REQUIREMENTS.—’’ after ‘‘(c)’’; 

3 and 

4 (3) in subsection (d), by inserting ‘‘ADDITIONAL

5 EXCEPTION TO LIMITATION ON COST VARIATIONS.— 

6 ’’ after ‘‘(d)’’. 

7 SEC. 2804. IMPOSITION OF REQUIREMENT THAT ACQUISI8 TION OF RESERVE COMPONENT FACILITIES 

9 BE AUTHORIZED BY LAW. 

10 Section 18233(a)(1) of title 10, United States Code, 

11 is amended by striking ‘‘as he determines to be necessary’’ 

12 and inserting ‘‘as are authorized by law’’. 

13 SEC. 2805. REPORT ON DEPARTMENT OF DEFENSE CON14 TRIBUTIONS TO STATES FOR ACQUISITION, 

15 CONSTRUCTION, EXPANSION, REHABILITA16 TION, OR CONVERSION OF RESERVE COMPO17 NENT FACILITIES. 

18 (a) REPORT REQUIRED.—Not later than March 1, 

19 2010, the Secretary of Defense shall submit to the congres20 sional defense committees a report specifying, for each of 

21 fiscal years 2005 through 2009, the total amount of con22 tributions made by the Secretary to each State under the 

23 authority of paragraphs (2) through (6) of section 18233(a) 

24 of title 10, United States Code, for reserve component faciliVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00550 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
551 

•HR 2647 RH

1 ties. The amounts contributed under each of such para2 graphs for each State shall be specified separately. 

3 (b) DEFINITIONS.—In this section, the terms ‘‘State’’ 

4 and ‘‘facility’’ have the meanings given those terms in sec5 tion 18232 of such title. 

6 SEC. 2806. AUTHORITY TO USE OPERATION AND MAINTE7 NANCE FUNDS FOR CONSTRUCTION 

8 PROJECTS INSIDE THE UNITED STATES CEN9 TRAL COMMAND AREA OF RESPONSIBILITY. 

10 (a) ONE-YEAR EXTENSION OF AUTHORITY.—Section 

11 2808 of the Military Construction Authorization Act for 

12 Fiscal Year 2004 (division B of Public Law 108-136; 117 

13 Stat. 1723), as most recently amended by section 2806 of 

14 the Military Construction Authorization Act for Fiscal Year 

15 2009 (division B of Public Law 110-417; 112 Stat. 4724), 

16 is amended— 

17 (1) in subsection (a), by striking ‘‘During fiscal 

18 year 2004’’ and all that follows through ‘‘obligate’’ 

19 and inserting ‘‘The Secretary of Defense may obli20 gate’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(h) EXPIRATION OF AUTHORITY.—The authority to 

24 obligate funds under this section expires on September 30, 

25 2010.’’. 


tjames on PRODPC75 with BILLS
552 

•HR 2647 RH

1 (b) GEOGRAPHIC AREA OF AUTHORITY.—Subsection 

2 (a) of such section is further amended by striking ‘‘and 

3 United States Africa Command areas of responsibility’’ and 

4 inserting ‘‘area of responsibility’’. 

5 (c) ANNUAL FUNDING LIMITATION ON USE OF AU6 THORITY; EXCEPTION.—Subsection (c) of such section is 

7 amended by striking paragraph (2) and inserting the fol8 lowing new paragraph: 

9 ‘‘(2) Notwithstanding paragraph (1), the Secretary of 

10 Defense may authorize the obligation under this section of 

11 not more than an additional $10,000,000 of appropriated 

12 funds available for operation and maintenance for a fiscal 

13 year if the Secretary determines that the additional funds 

14 are needed for costs associated with contract closeouts.’’. 

15 (d) CLERICAL AMENDMENT TO CORRECT REFERENCE

16 TO CONGRESSIONAL COMMITTEE.—Subsection (f) of such 

17 section is amended by striking ‘‘Subcommittees on Defense 

18 and Military Construction’’ both places it appears and in19 serting ‘‘Subcommittee on Defense and the Subcommittee on 

20 Military Construction, Veterans Affairs, and Related Agen21 cies’’. 

22 SEC. 2807. EXPANSION OF FIRST SERGEANTS BARRACKS 

23 INITIATIVE. 

24 (a) EXPANSION OF INITIATIVE.—Not later than Sep25 tember 30, 2011, the Secretary of the Army shall expand 


tjames on PRODPC75 with BILLS
553 

•HR 2647 RH

1 the First Sergeants Barracks Initiative (FSBI) to include 

2 all Army installations in order to improve the quality of 

3 life and living environments for single soldiers. 

4 (b) PROGRESS REPORTS.—Not later than February 

5 15, 2010, and February 15, 2011, the Secretary of the Army 

6 shall submit to the congressional defense committees a re7 port describing the progress made in expanding the First 

8 Sergeants Barracks Initiative to all Army installations. 

9 SEC. 2808. REPORTS ON PRIVATIZATION INITIATIVES FOR 

10 MILITARY UNACCOMPANIED HOUSING. 

11 (a) SECRETARY OF DEFENSE REPORT.—Not later 

12 than March 31, 2010, the Secretary of Defense shall submit 

13 to the Committees on Armed Services of the Senate and the 

14 House of Representatives a report containing— 

15 (1) an evaluation of the process by which the 

16 Secretary develops, implements, and oversees housing 

17 privatization transactions involving military unac18 companied housing; 

19 (2) recommendations regarding additional op20 portunities for members of the Armed Forces to utilize 

21 housing privatization transactions involving military 

22 unaccompanied housing; and 

23 (3) an evaluation of the impact of a prohibition 

24 on civilian occupancy of such housing on the ability 


tjames on PRODPC75 with BILLS
554 

•HR 2647 RH

1 to secure private partners for such housing privatiza2 tion transactions. 

3 (b) COMPTROLLER GENERAL REPORT.—Not later than 

4 March 31, 2010, the Comptroller General shall submit to 

5 the Committees on Armed Services of the Senate and the 

6 House of Representatives a report evaluating the feasibility 

7 and cost of privatizing military unaccompanied housing for 

8 all members of the Armed Forces. 

9 (c) HOUSING PRIVATIZATION TRANSACTION DE10 FINED.—In this section, the term ‘‘housing privatization 

11 transaction’’ means any contract or other transaction for 

12 the construction or acquisition of military unaccompanied 

13 housing entered into under the authority of subchapter IV 

14 of chapter 169 of title 10, United States Code. 

15 Subtitle B—Real Property and 

16 Facilities Administration 

17 SEC. 2811. IMPOSITION OF REQUIREMENT THAT LEASES OF 

18 REAL PROPERTY TO THE UNITED STATES 

19 WITH ANNUAL RENTAL COSTS OF MORE THAN 

20 $750,000 BE AUTHORIZED BY LAW. 

21 (a) AUTHORIZATION REQUIRED.—Section 2661 of title 

22 10, United States Code, is amended by inserting after sub23 section (b) the following new subsection: 

24 ‘‘(c) AUTHORIZATION OF CERTAIN LEASES TO THE

25 UNITED STATES REQUIRED BY LAW.—If the estimated anVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00554 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
555 

•HR 2647 RH

1 nual rental in connection with a proposed lease of real 

2 property to the United States is more than $750,000, the 

3 Secretary of a military department or, with respect to a 

4 Defense Agency, the Secretary of Defense may enter into 

5 the lease or utilize the General Services Administration to 

6 enter into the lease on the Secretary’s behalf only if the lease 

7 is specifically authorized by law.’’. 

8 (b) REPEAL OF NOTICE AND WAIT REQUIREMENTS

9 REGARDING SUCH LEASES.— 

10 (1) REPEAL.—Section 2662 of such title is 

11 amended— 

12 (A) in subsection (a)(1)— 

13 (i) by striking subparagraph (B); and 

14 (ii) by redesignating subparagraphs 

15 (C) through (G) as subparagraphs (B) 

16 through (F), respectively; and 

17 (B) by striking subsection (e). 

18 (2) CONFORMING AMENDMENTS.—Such section is 

19 further amended— 

20 (A) in subsection (a)(2)— 

21 (i) by striking ‘‘or (B)’’; 

22 (ii) by striking ‘‘or leases to be made’’; 

23 and 

24 (iii) by striking ‘‘subparagraph (E)’’ 

25 and inserting ‘‘subparagraph (D)’’; and 


tjames on PRODPC75 with BILLS
556 

•HR 2647 RH

1 (B) in subsection (g)— 

2 (i) in paragraph (1), by striking ‘‘, 

3 and the reporting requirement set forth in 

4 subsection (e) shall not apply with respect 

5 to a real property transaction otherwise 

6 covered by that subsection,’’; and 

7 (ii) in paragraph (3), by striking ‘‘or 

8 (e), as the case may be’’. 

9 SEC. 2812. CONSOLIDATION OF NOTICE-AND-WAIT REQUIRE10 MENTS APPLICABLE TO LEASES OF REAL 

11 PROPERTY OWNED BY THE UNITED STATES. 

12 (a) NOTICE-AND-WAIT REQUIREMENTS.—Section 2662 

13 of title 10, United States Code, as amended by section 

14 2821(b), is further amended by inserting after subsection 

15 (d) the following new subsection: 

16 ‘‘(e) ADDITIONAL REPORTING REQUIREMENTS RE17 GARDING LEASES OF REAL PROPERTY OWNED BY THE

18 UNITED STATES.—(1) In the case of a proposed lease or 

19 license of real property owned by the United States covered 

20 by paragraph (1)(B) of subsection (a), the Secretary of a 

21 military department or the Secretary of Defense may not 

22 issue a contract solicitation or other lease offering with re23 gard to the transaction unless the Secretary complies with 

24 the notice-and wait requirements of paragraph (3) of such 

25 subsection. The monthly report under such paragraph shall 


tjames on PRODPC75 with BILLS
557 

•HR 2647 RH

1 include the following with regard to the proposed trans2 action: 

3 ‘‘(A) A description of the proposed transaction, 

4 including the proposed duration of the lease or li5 cense. 

6 ‘‘(B) A description of the authorities to be used 

7 in entering into the transaction and the intended 

8 participation of the United States in the lease or li9 cense, including a justification of the intended method 

10 of participation. 

11 ‘‘(C) A statement of the scored cost of the trans12 action, determined using the scoring criteria of the 

13 Office of Management and Budget. 

14 ‘‘(D) A determination that the property involved 

15 in the transaction is not excess property, as required 

16 by section 2667(a)(3) of this title, including the basis 

17 for the determination. 

18 ‘‘(E) A determination that the proposed trans19 action is directly compatible with the mission of the 

20 military installation or Defense Agency at which the 

21 property is located and a description of the antici22 pated long-term use of the property at the conclusion 

23 of the lease or license. 

24 ‘‘(F) A description of the requirements or condi25 tions within the contract solicitation or other lease ofVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
558 

•HR 2647 RH

1 fering for the offeror to address taxation issues, in2 cluding payments-in-lieu-of taxes, and other develop3 ment issues related to local municipalities. 

4 ‘‘(2) The Secretary of a military department or the 

5 Secretary of Defense may not enter into the actual lease 

6 or license with respect to property for which the informa7 tion required by paragraph (1) was submitted in a monthly 

8 report under subsection (a)(3) unless the Secretary again 

9 complies with the notice-and wait requirements of such sub10 section. The subsequent monthly report shall include the fol11 lowing with regard to the proposed transaction: 

12 ‘‘(A) A cross reference to the prior monthly re13 port that contained the information submitted under 

14 paragraph (1) with respect to the transaction. 

15 ‘‘(B) A description of the differences between the 

16 information submitted under paragraph (1) and the 

17 information regarding the transaction being sub18 mitted in the subsequent report. 

19 ‘‘(C) A description of the payment to be required 

20 in connection with the lease or license, including a 

21 description of any in-kind consideration that will be 

22 accepted. 

23 ‘‘(D) A description of any community support 

24 facility or provision of community support services 

25 under the lease or license, regardless of whether the faVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
559 

•HR 2647 RH

1 cility will be operated by a covered entity (as defined 

2 in section 2667(d) of this title) or the lessee or the 

3 services will be provided by a covered entity or the 

4 lessee. 

5 ‘‘(E) A description of the competitive procedures 

6 used to select the lessee or, in the case of a lease in7 volving the public benefit exception authorized by sec8 tion 2667(h)(2) of this title, a description of the pub9 lic benefit to be served by the lease. 

10 ‘‘(F) If the proposed lease or license involves a 

11 project related to energy production, and the term of 

12 the lease or license exceeds 20 years, a certification 

13 that the project is consistent with the Department of 

14 Defense performance goals and plan required by sec15 tion 2911 of this title.’’. 

16 (b) EXCEPTION FOR LEASES UNDER BASE CLOSURE

17 PROCESS.—Subsection (a)(1)(B) of such section, as redesig18 nated by section 2821(b), is amended by inserting after 

19 ‘‘United States’’ the following: ‘‘(other than a lease or li20 cense entered into under section 2667(g) of this title)’’. 

21 (c) CONFORMING AMENDMENTS TO LEASE OF NON-EX22 CESS PROPERTY AUTHORITY.—Section 2667 of such title 

23 is amended— 

24 (1) in subsection (c), by striking paragraph (4); 


tjames on PRODPC75 with BILLS
560 

•HR 2647 RH

1 (2) in subsection (d), by striking paragraph (6); 

2 and 

3 (3) in subsection (h)— 

4 (A) by striking paragraphs (3) and (5); and 

5 (B) by redesignating paragraph (4) as 

6 paragraph (3). 

7 SEC. 2813. CLARIFICATION OF AUTHORITY OF MILITARY DE8 PARTMENTS TO ACQUIRE LOW-COST INTER9 ESTS IN LAND AND INTERESTS IN LAND 

10 WHEN NEED IS URGENT. 

11 Section 2664(a) of title 10, United States Code, is 

12 amended— 

13 (1) by inserting ‘‘(1)’’ before ‘‘No military’’; and 

14 (2) by striking ‘‘The foregoing limitation shall 

15 not apply to the acceptance’’ and inserting the fol16 lowing: 

17 ‘‘(2) Paragraph (1) shall not apply to the following: 

18 ‘‘(A) The acquisition of low-cost interests in 

19 land, as authorized by section 2663(c) of this title. 

20 ‘‘(B) The acquisition of interests in land when 

21 the need is urgent, as authorized by section 2663(d) 

22 of this title. 

23 ‘‘(C) The acceptance’’. 


tjames on PRODPC75 with BILLS
561 

•HR 2647 RH

1 SEC. 2814. MODIFICATION OF UTILITY SYSTEMS CONVEY2 ANCE AUTHORITY. 

3 (a) CLARIFICATION OF REQUIRED DETERMINATION

4 THAT CONVEYANCE REDUCE LONG-TERM COSTS.—Para5 graph (2)(A)(ii) of subsection (a) of section 2688 of title 

6 10, United States Code, is amended by striking ‘‘system; 

7 and’’ and inserting the following: ‘‘system— 

8 ‘‘(I) by 10 percent of the long-term cost 

9 for provision of those utility services in the 

10 agency tender, for periods of performance 

11 specified in subsection (d)(1); or 

12 ‘‘(II) 20 percent of the long-term cost 

13 for provision of those utility services in the 

14 agency tender, for periods of performance 

15 specified in subsection (d)(2); and’’. 

16 (b) LIMITATION ON REPEATED USE OF AUTHORITY

17 FOR SAME UTILITY SYSTEM.—Such subsection is further 

18 amended by adding at the end the following new paragraph: 

19 ‘‘(3) If, as a result of the economic analysis required 

20 by paragraph (2)(A), the Secretary concerned determines 

21 that a utility system, or part of a utility system, is not 

22 eligible for conveyance under this subsection, the Secretary 

23 concerned may not reconsider the utility system, or part 

24 of a utility system, for conveyance under this subsection or 

25 for conversion to contractor operation under section 2461 

26 of this title for a period of five years beginning on the date 


tjames on PRODPC75 with BILLS
562 

•HR 2647 RH

1 of the determination. In addition, if the results of a public2 private competition for conversion of a utility system, or 

3 part of a utility system, to operation by a contractor favors 

4 continued operation by civilian employees of the Depart5 ment of Defense, the Secretary concerned may not recon6 sider the utility system, or part of a utility system, for con7 version under such section or for conveyance under this sub8 section for a period of five years beginning on the date of 

9 the completion of the public-private competition.’’. 

10 SEC. 2815. DECONTAMINATION AND USE OF FORMER BOM11 BARDMENT AREA ON ISLAND OF CULEBRA. 

12 Section 204 of the Military Construction Authoriza13 tion Act, 1974 (Public Law 93–166; 87 Stat. 668) is 

14 amended by striking subsection (c). 

15 SEC. 2816. DISPOSAL OF EXCESS PROPERTY OF ARMED 

16 FORCES RETIREMENT HOME. 

17 Section 1511(e)(3) of the Armed Forces Retirement 

18 Home Act of 1991 (24 U.S.C. 411(e)(3)) is amended— 

19 (1) by striking the first sentence and inserting 

20 the following new sentence: ‘‘If the Secretary of De21 fense determines that any property of the Retirement 

22 Home is excess to the needs of the Retirement Home, 

23 the Secretary shall dispose of the property in accord24 ance with subchapter III of chapter 5 of title 40, 

25 United States Code (40 U.S.C. 541 et seq.).’’; and 


tjames on PRODPC75 with BILLS
563 

•HR 2647 RH

1 (2) by striking the last sentence. 

2 SEC. 2817. ACCEPTANCE OF CONTRIBUTIONS TO SUPPORT 

3 CLEANUP EFFORTS AT FORMER ALMADEN 

4 AIR FORCE STATION, CALIFORNIA. 

5 (a) ACCEPTANCE OF CONTRIBUTIONS; PURPOSE.—The 

6 Secretary of the Air Force may accept contributions from 

7 other Federal entities, the State of California, and other en8 tities, both public and private, for the purposes of helping 

9 to cover the costs of— 

10 (1) demolition of property at former Almaden 

11 Air Force Station, California; and 

12 (2) environmental remediation and restoration 

13 and other efforts to further the ultimate end use of the 

14 property for conservation and recreation purposes. 

15 (b) AVAILABILITY.—Amounts received as contributions 

16 under subsection (a) may be merged with other amounts 

17 available to the Secretary to carry out the purposes de18 scribed in such subsection and shall be available, in such 

19 amounts as may be provided in advance in appropriation 

20 Act, for such purposes. 

21 SEC. 2818. LIMITATION ON ESTABLISHMENT OF NAVY OUT22 LYING LANDING FIELDS. 

23 (a) LIMITATION.—The Secretary of the Navy may not 

24 establish an outlying landing field at a proposed location 

25 to be used by naval aircraft if, within 90 days after the 


tjames on PRODPC75 with BILLS
564 

•HR 2647 RH

1 issuance of the final environmental assessment or environ2 mental impact statement regarding the proposed location 

3 pursuant to section 102(2) of the National Environmental 

4 Policy Act of 1969 (42 U.S.C. 4332(2)), the Secretary deter5 mines that the governmental body of the political subdivi6 sion of a State containing the proposed location is formally 

7 opposed to the establishment of the outlying landing field. 

8 (b) EXCEPTION.—Subsection (a) shall not apply if 

9 Congress enacts a law authorizing the Secretary to proceed 

10 with the outlying landing field notwithstanding the local 

11 government action. 

12 SEC. 2819. PROHIBITION ON OUTLYING LANDING FIELD AT 

13 SANDBANKS OR HALE’S LAKE, NORTH CARO14 LINA, FOR OCEANA NAVAL AIR STATION. 

15 The Secretary of the Navy may not establish, consider 

16 the establishment of, or purchase land, construct facilities, 

17 implement bird management plans, or conduct any other 

18 activities that would facilitate the establishment of, an out19 lying landing field at either of the proposed sites in North 

20 Carolina, Sandbanks or Hale’s Lake, to support field car21 rier landing practice for naval aircraft operating out of 

22 Oceana, Naval Air Station, Virginia. 


tjames on PRODPC75 with BILLS
565 

•HR 2647 RH

1 SEC. 2820. SELECTION OF MILITARY INSTALLATIONS TO 

2 SERVE AS LOCATIONS OF BRIGADE COMBAT 

3 TEAMS. 

4 In selecting the military installations at which brigade 

5 combat teams will be stationed, which previously included 

6 Fort Bliss, Texas, Fort Carson, Colorado, and Fort Stewart, 

7 Georgia, the Secretary of the Army shall take into consider8 ation the availability and proximity of training spaces for 

9 the units and the capacity of the installations to support 

10 the units. 

11 Subtitle C—Provisions Related to 

12 Guam Realignment 

13 SEC. 2831. ROLE OF UNDER SECRETARY OF DEFENSE FOR 

14 POLICY IN MANAGEMENT AND COORDINA15 TION OF DEPARTMENT OF DEFENSE ACTIVI16 TIES RELATING TO GUAM REALIGNMENT. 

17 Section 134 of title 10, United States Code, is amended 

18 by adding at the end the following new subsection: 

19 ‘‘(d)(1) Until September 30, 2019, the Under Secretary 

20 shall have responsibility for coordinating the activities of 

21 the Department of Defense in connection with the realign22 ment of military installations and the relocation of mili23 tary personnel on Guam (in this subsection referred to as 

24 the ‘Guam realignment’). 


tjames on PRODPC75 with BILLS
566 

•HR 2647 RH

1 ‘‘(2) The Joint Guam Program Office shall report di2 rectly to the Under Secretary in carrying out its activities 

3 in connection with the Guam realignment. 

4 ‘‘(3) In carrying out the responsibilities assigned by 

5 paragraph (1), the Under Secretary shall coordinate with 

6 the National Security Advisor and serve as the official rep7 resentative of the Secretary of Defense at meetings of the 

8 Interagency Group on Insular Areas, which was established 

9 by Executive Order No. 13299 of May 12, 2003 (68 Fed. 

10 Reg. 25477; 48 U.S.C. note prec. 1451), and any sub-group 

11 or working group of that interagency group. 

12 ‘‘(4) The Under Secretary shall remain the primary 

13 lead within the Department of Defense for coordination 

14 with the Secretary of State on all matters concerning the 

15 implementation of the agreement entitled ‘Agreement be16 tween the Government of the United States of America and 

17 the Government of Japan concerning the Implementation 

18 of the Relocation of the III Marine Expeditionary Force 

19 Personnel and their Dependents from Okinawa to Guam’. 

20 ‘‘(5) The assignment of responsibilities by paragraph 

21 (1) does not confer upon the Under Secretary the authority 

22 to control funds made available to the military departments 

23 for the Guam realignment. The Joint Guam Program Office 

24 shall remain as the primary coordinator of the resources 


tjames on PRODPC75 with BILLS
567 

•HR 2647 RH

1 provided by each military department involved in the 

2 Guam realignment.’’. 

3 SEC. 2832. CLARIFICATIONS REGARDING USE OF SPECIAL 

4 PURPOSE ENTITIES TO ASSIST WITH GUAM 

5 REALIGNMENT. 

6 (a) SPECIAL PURPOSE ENTITY DEFINED.—In this sec7 tion, the term ‘‘special purpose entity’’ means a wholly 

8 independent entity established for a specific and limited 

9 purpose to facilitate the realignment of military installa10 tions and the relocation of military personnel on Guam. 

11 (b) REPORT ON IMPLEMENTATION GUIDANCE FOR

12 SPECIAL PURPOSE ENTITIES.— 

13 (1) REPORT REQUIRED.—Not later than 180 

14 days after the date of the enactment of this Act, the 

15 Secretary of Defense shall submit to the congressional 

16 defense committees a report containing the implemen17 tation guidance developed regarding the use of special 

18 purpose entities to assist with the realignment of 

19 military installations and the relocation of military 

20 personnel on Guam. 

21 (2) NOTICE AND WAIT.—The Secretary of Defense 

22 may not authorize the use of the implementation 

23 guidance referred to in paragraph (1) until the end 

24 of the 30-day period (15-day period if the report is 

25 submitted electronically) beginning on the date on 


tjames on PRODPC75 with BILLS
568 

•HR 2647 RH

1 which the report required by such paragraph is sub2 mitted. 

3 (c) APPLICABILITY OF UNIFIED FACILITIES CRI4 TERIA.— 

5 (1) APPLICABILITY TO SECTION 2350K CONTRIBU6 TIONS.—Section 2824(c)(4) of the Military Construc7 tion Authorization Act for Fiscal Year 2009 (division 

8 B of Public Law 110–417; 10 U.S.C. 2687 note) is 

9 amended by adding at the end the following new sub10 paragraph: 

11 ‘‘(D) APPLICABILITY OF UNIFIED FACILI12 TIES CRITERIA.—The unified facilities criteria 

13 promulgated by the Under Secretary of Defense 

14 for Acquisition, Technology, and Logistics and 

15 dated May 29, 2002, or any successor to such 

16 criteria shall apply to the obligation of contribu17 tions referred to in subsection (b)(1) for a trans18 action authorized by paragraph (1).’’. 

19 (2) APPLICABILITY TO SPECIAL PURPOSE ENTITY

20 CONTRIBUTIONS.—The unified facilities criteria pro21 mulgated by the Under Secretary of Defense for Ac22 quisition, Technology, and Logistics and dated May 

23 29, 2002, or any successor to such criteria shall apply 

24 to the obligation of contributions provided by a spe25 cial purpose entity. 


tjames on PRODPC75 with BILLS
569 

•HR 2647 RH

1 (3) REPORT.—Not later than 180 days after the 

2 date of the enactment of this Act, the Secretary of De3 fense shall submit to the congressional defense com4 mittees a report containing an evaluation of various 

5 options, including a preferred option, that the Sec6 retary could utilize to comply with the unified facili7 ties criteria referred to in paragraph (2) in the acqui8 sition of military housing on Guam in connection 

9 with the realignment of military installations and the 

10 relocation of military personnel on Guam. The report 

11 shall specifically consider increasing the overseas 

12 housing allowance for members of the Armed Forces 

13 serving on Guam and providing a direct Federal sub14 sidy to public-private ventures. 

15 (d) SENSE OF CONGRESS ON SCOPE OF UTILITY IN16 FRASTRUCTURE IMPROVEMENTS.—Section 2821 of the Mili17 tary Construction Authorization Act for Fiscal Year 2009 

18 (division B of Public Law 110–417; 122 Stat. 4729) is 

19 amended— 

20 (1) by redesignating subsection (c) as subsection 

21 (b); and 

22 (2) in such subsection, by striking ‘‘should incor23 porate the civilian and military infrastructure into a 

24 single grid to realize and maximize the effectiveness 

25 of the overall utility system’’ and inserting ‘‘should 


tjames on PRODPC75 with BILLS
570 

•HR 2647 RH

1 support proposed utility infrastructure improvements 

2 on Guam that incorporate the civilian and military 

3 infrastructure into a single grid to realize and maxi4 mize the effectiveness of the overall utility system, 

5 rather than simply supporting one or more military 

6 installations’’. 

7 SEC. 2833. WORKFORCE ISSUES RELATED TO MILITARY 

8 CONSTRUCTION AND CERTAIN OTHER TRANS9 ACTIONS ON GUAM. 

10 (a) PREVAILING WAGE REQUIREMENTS.—Subsection 

11 (c) of section 2824 of the Military Construction Authoriza12 tion Act for Fiscal Year 2009 (division B of Public Law 

13 110–417; 10 U.S.C. 2687 note) is amended by adding at 

14 the end the following new paragraph: 

15 ‘‘(5) APPLICATION OF PREVAILING WAGE RE16 QUIREMENTS.— 

17 ‘‘(A) APPLICATION; RELATION TO WAGE

18 RATES IN HAWAII.—The requirements of sub19 chapter IV of chapter 31 of title 40, United 

20 States Code, shall apply to any military con21 struction project or other transaction authorized 

22 by paragraph (1) that is carried out on Guam 

23 using contributions referred to in subsection 

24 (b)(1) or appropriated funds, except that the 

25 wage rates determined pursuant to such subVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00570 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
571 

•HR 2647 RH

1 chapter for Guam may not be less than the low2 est wage rates determined for the applicable class 

3 of laborer or mechanic on projects or trans4 actions of a similar character under such sub5 chapter for Hawaii. 

6 ‘‘(B) SECRETARY OF LABOR AUTHORI7 TIES.—In order to carry out the requirements of 

8 subparagraph (A) and paragraph (6) (relating 

9 to composition of workforce for construction 

10 projects), the Secretary of Labor shall have the 

11 authority and functions set forth in Reorganiza12 tion Plan Number 14 of 1950 and section 3145 

13 of title 40, United States Code. 

14 ‘‘(C) ADDITION TO WEEKLY STATEMENT ON

15 THE WAGES PAID.—In the case of projects and 

16 other transactions covered by subparagraph (A), 

17 the weekly statement required by section 3145 of 

18 title 40, United States Code, shall also identify 

19 each employee working on the project or trans20 action who holds a visa issued under section 

21 101(a)(15)(H)(ii)(b) of the Immigration and Na22 tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 

23 ‘‘(D) DURATION OF REQUIREMENTS.—The 

24 Secretary of Labor shall make and issue a wage 

25 rate determination for Guam annually until 90 


tjames on PRODPC75 with BILLS
572 

•HR 2647 RH

1 percent of the funds in the Account and other 

2 funds made available for the realignment of 

3 military installations and the relocation of mili4 tary personnel on Guam have been expended.’’. 

5 (b) REPORTING REQUIREMENTS REGARDING SUPPORT

6 OF CONSTRUCTION WORKFORCE.—Subsection (e) of such 

7 section is amended— 

8 (1) by striking ‘‘Not later than’’ and inserting 

9 the following: 

10 ‘‘(1) MILITARY CONSTRUCTION INFORMATION.— 

11 Not later than’’; and 

12 (2) by adding at the end the following new para13 graph: 

14 ‘‘(2) CONSTRUCTION WORKFORCE INFORMA15 TION.—The annual report shall also include an as16 sessment of the living standards of the construction 

17 workforce employed to carry out military construction 

18 projects covered by the report, including, at a min19 imum, the adequacy of contract standards and infra20 structure that support temporary housing the con21 struction workforce and their medical needs.’’. 


tjames on PRODPC75 with BILLS
573 

•HR 2647 RH

1 SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUC2 TION PROJECTS FUNDED THROUGH THE SUP3 PORT FOR UNITED STATES RELOCATION TO 

4 GUAM ACCOUNT. 

5 (a) COMPOSITION OF WORKFORCE.—Section 2824(c) 

6 of the Military Construction Authorization Act for Fiscal 

7 Year 2009 (division B of Public Law 110–417; 10 U.S.C. 

8 2687 note) is amended by inserting after paragraph (5), 

9 as added by section 2833, the following new paragraph: 

10 ‘‘(6) COMPOSITION OF WORKFORCE FOR CON11 STRUCTION PROJECTS.— 

12 ‘‘(A) PERCENTAGE LIMITATION.—With re13 spect to each construction project for which 

14 ground-breaking occurs before October 1, 2011, 

15 and that is carried out using amounts described 

16 in subparagraph (B), not more than 30 percent 

17 of the total hours worked per month on the con18 struction project may be performed by persons 

19 holding visas issued under section 

20 101(a)(15)(H)(ii)(b) of the Immigration and Na21 tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)). 

22 ‘‘(B) SOURCE OF FUNDS.—Subparagraph 

23 (A) applies to— 

24 ‘‘(i) amounts in the Account used for 

25 projects associated with the realignment of 


tjames on PRODPC75 with BILLS
574 

•HR 2647 RH

1 military installations and the relocation of 

2 military personnel on Guam; 

3 ‘‘(ii) funds associated with activities 

4 under section 2821 of this Act; and 

5 ‘‘(iii) funds for authorized military 

6 construction projects. 

7 ‘‘(C) SOLICITATION OF WORKERS.—In order 

8 to ensure compliance with subparagraph (A), as 

9 a condition of a contract covered by such sub10 paragraph, the contractor shall be required to 

11 advertise and solicit for construction workers in 

12 the United States, including territories in the 

13 Pacific region, in accordance with a recruitment 

14 plan created by the Secretary of Labor. The con15 tractor shall submit a copy of the employment 

16 offer, including a description of wages and other 

17 terms and conditions of employment, to the Sec18 retary of Labor. The contractor shall authorize 

19 the Secretary of Labor to post a notice of the em20 ployment offer on a website, with State and local 

21 job banks, with State workforce agencies, and 

22 with unemployment agencies and other referral 

23 and recruitment sources pertinent to the employ24 ment opportunity.’’. 

25 (b) REPORTING REQUIREMENTS.— 


tjames on PRODPC75 with BILLS
575 

•HR 2647 RH

1 (1) SECRETARY OF DEFENSE.—Not later than 

2 June 30, 2010, the Secretary of Defense shall submit 

3 to the congressional committees specified in para4 graph (3) a report containing an assessment of efforts 

5 to establish a Project Labor Agreement for construc6 tion projects associated with the Guam realignment 

7 as encouraged by Executive Order 13502, entitled 

8 ‘‘Use of Project Labor Agreements for Federal Con9 struction Projects’’ (74 Fed. Reg. 6985), as a means 

10 of complying with the requirements of paragraph (6) 

11 of section 2824(c) of the Military Construction Au12 thorization Act for Fiscal Year 2009, as added by 

13 subsection (a). 

14 (2) SECRETARY OF LABOR.—Not later than June 

15 30, 2010, the Secretary of Labor shall submit to the 

16 congressional committees specified in paragraph (3) a 

17 report containing an assessment of— 

18 (A) the opportunities to expand the recruit19 ment of construction workers in the United 

20 States, including territories in the Pacific re21 gion, to support the realignment of military in22 stallations and the relocation of military per23 sonnel on Guam, consistent with the require24 ments of paragraph (6) of section 2824(c) of the 


tjames on PRODPC75 with BILLS
576 

•HR 2647 RH

1 Military Construction Authorization Act for Fis2 cal Year 2009, as added by subsection (a); 

3 (B) the ability of labor markets to support 

4 the Guam realignment; and 

5 (C) the sufficiency of efforts to recruit 

6 United States construction workers. 

7 (3) COVERED CONGRESSIONAL COMMITTEES.— 

8 The reports required by this subsection shall be sub9 mitted to the congressional defense committees, the 

10 Committee on Education and Labor of the House of 

11 Representatives, and the Committee on Health, Edu12 cation, Labor, and Pensions of the Senate. 

13 SEC. 2835. INTERAGENCY COORDINATION GROUP OF IN14 SPECTOR GENERALS FOR GUAM REALIGN15 MENT. 

16 (a) INTERAGENCY COORDINATION GROUP.—There is 

17 hereby established the Interagency Coordination Group of 

18 Inspector Generals for Guam Realignment (in this section 

19 referred to as the ‘‘Interagency Coordination Group’’)— 

20 (1) to provide for the objective conduct and su21 pervision of audits and investigations relating to the 

22 programs and operations funded with amounts ap23 propriated or otherwise made available for military 

24 construction on Guam in connection with the realignVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00576 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
577 

•HR 2647 RH

1 ment of military installations and the relocation of 

2 military personnel on Guam; and 

3 (2) to provide for coordination of, and rec4 ommendations on, policies designed to— 

5 (A) promote economic efficiency, and effec6 tiveness in the administration of the programs 

7 and operations described in paragraph (1); and 

8 (B) prevent and detect waste, fraud, and 

9 abuse in such programs and operations; and 

10 (b) MEMBERSHIP.— 

11 (1) CHAIRPERSON.—The Inspector General of the 

12 Department of Defense shall serve as chairperson of 

13 the Interagency Coordination Group. 

14 (2) ADDITIONAL MEMBERS.—Additional mem15 bers of the Interagency Coordination Group shall in16 clude the Inspector General of the Department of Inte17 rior and Inspectors General of such other Federal 

18 agencies as the chairperson considers appropriate to 

19 carry out the duties of the Interagency Coordination 

20 Group. 

21 (c) DUTIES.— 

22 (1) OVERSIGHT OF GUAM CONSTRUCTION.—It 

23 shall be the duty of the Interagency Coordination 

24 Group to conduct, supervise, and coordinate audits 

25 and investigations of the treatment, handling, and exVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
578 

•HR 2647 RH

1 penditure of amounts appropriated or otherwise made 

2 available for military construction on Guam and of 

3 the programs, operations, and contracts carried out 

4 utilizing such funds, including— 

5 (A) the oversight and accounting of the obli6 gation and expenditure of such funds; 

7 (B) the monitoring and review of construc8 tion activities funded by such funds; 

9 (C) the monitoring and review of contracts 

10 funded by such funds; 

11 (D) the monitoring and review of the trans12 fer of such funds and associated information be13 tween and among departments, agencies, and en14 tities of the United States and private and non15 governmental entities; 

16 (E) the maintenance of records on the use 

17 of such funds to facilitate future audits and in18 vestigations of the use of such fund; and 

19 (F) the monitoring and review of the imple20 mentation of the Defense Posture Review Initia21 tive relating to the realignment of military in22 stallations and the relocation of military per23 sonnel on Guam. 

24 (2) OTHER DUTIES RELATED TO OVERSIGHT.— 

25 The Interagency Coordination Group shall establish, 


tjames on PRODPC75 with BILLS
579 

•HR 2647 RH

1 maintain, and oversee such systems, procedures, and 

2 controls as the Interagency Coordination Group con3 siders appropriate to discharge the duties under para4 graph (1). 

5 (3) OVERSIGHT PLAN.—The chairperson of the 

6 Interagency Coordination Group shall prepare an an7 nual oversight plan detailing planned audits and re8 views related to the Guam realignment. 

9 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

10 (1) PROVISION OF ASSISTANCE.—Upon request of 

11 the Interagency Coordination Group for information 

12 or assistance from any department, agency, or other 

13 entity of the Federal Government, the head of such en14 tity shall, insofar as is practicable and not in con15 travention of any existing law, furnish such informa16 tion or assistance to the Interagency Coordination 

17 Group. 

18 (2) REPORTING OF REFUSED ASSISTANCE.— 

19 Whenever information or assistance requested by the 

20 Interagency Coordination Group is, in the judgment 

21 of the chairperson of the Interagency Coordination 

22 Group, unreasonably refused or not provided, the 

23 chairperson shall report the circumstances to the Sec24 retary of Defense and to the congressional defense 

25 committees without delay. 


tjames on PRODPC75 with BILLS
580 

•HR 2647 RH

1 (e) REPORTS.— 

2 (1) ANNUAL REPORTS.—Not later than February 

3 1 of each year, the chairperson of the Interagency Co4 ordination Group shall submit to the congressional 

5 defense committees, the Secretary of Defense, and the 

6 Secretary of the Interior a report summarizing, for 

7 the preceding calendar year, the activities of the 

8 Interagency Coordination Group during such year 

9 and the activities under programs and operations 

10 funded with amounts appropriated or otherwise made 

11 available for military construction on Guam. Each 

12 report shall include, for the year covered by the re13 port, a detailed statement of all obligations, expendi14 tures, and revenues associated with such construction, 

15 including the following: 

16 (A) Obligations and expenditures of appro17 priated funds. 

18 (B) A project-by-project and program-by19 program accounting of the costs incurred to date 

20 for military construction in connection with the 

21 realignment of military installations and the re22 location of military personnel on Guam, together 

23 with the estimate of the Department of Defense 

24 and the Department of the Interior, as applicaVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
581 

•HR 2647 RH

1 ble, of the costs to complete each project and each 

2 program. 

3 (C) Revenues attributable to or consisting of 

4 funds contributed by the Government of Japan 

5 in connection with the realignment of military 

6 installations and the relocation of military per7 sonnel on Guam and any obligations or expendi8 tures of such revenues. 

9 (D) Operating expenses of agencies or enti10 ties receiving amounts appropriated or otherwise 

11 made available for military construction on 

12 Guam. 

13 (E) In the case of any contract, grant, 

14 agreement, or other funding mechanism described 

15 in paragraph (2)— 

16 (i) the amount of the contract, grant, 

17 agreement, or other funding mechanism; 

18 (ii) a brief discussion of the scope of 

19 the contract, grant, agreement, or other 

20 funding mechanism; 

21 (iii) a discussion of how the depart22 ment or agency of the United States Gov23 ernment involved in the contract, grant, 

24 agreement, or other funding mechanism 

25 identified, and solicited offers from, potenVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00581 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
582 

•HR 2647 RH

1 tial individuals or entities to perform the 

2 contract, grant, agreement, or other funding 

3 mechanism, together with a list of the po4 tential individuals or entities that were 

5 issued solicitations for the offers; and 

6 (iv) the justification and approval doc7 uments on which was based the determina8 tion to use procedures other than procedures 

9 that provide for full and open competition. 

10 (2) COVERED CONTRACTS, GRANTS, AGREE11 MENTS, AND FUNDING MECHANISMS.—A contract, 

12 grant, agreement, or other funding mechanism de13 scribed in this paragraph is any major contract, 

14 grant, agreement, or other funding mechanism that is 

15 entered into by any department or agency of the 

16 United States Government that involves the use of 

17 amounts appropriated or otherwise made available 

18 for military construction on Guam with any public 

19 or private sector entity. 

20 (3) FORM.—Each report required under this sub21 section shall be submitted in unclassified form, but 

22 may include a classified annex if the Interagency Co23 ordination Group considers it necessary. 


tjames on PRODPC75 with BILLS
583 

•HR 2647 RH

1 (4) RULE OF CONSTRUCTION.—Nothing in this 

2 subsection shall be construed to authorize the public 

3 disclosure of information that is— 

4 (A) specifically prohibited from disclosure 

5 by any other provision of law; 

6 (B) specifically required by Executive order 

7 to be protected from disclosure in the interest of 

8 national defense or national security or in the 

9 conduct of foreign affairs; or 

10 (C) a part of an ongoing criminal inves11 tigation. 

12 (5) SUBMISSION OF COMMENTS.—Not later than 

13 30 days after receipt of a report under paragraph (1), 

14 the Secretary of Defense or the Secretary of the Inte15 rior may submit to the congressional defense commit16 tees any comments on the matters covered by the re17 port as the Secretary concerned considers appro18 priate. Any comments on the matters covered by the 

19 report shall be submitted in unclassified form, but 

20 may include a classified annex if the Secretary con21 cerned considers it necessary. 

22 (f) PUBLIC AVAILABILITY; WAIVER.— 

23 (1) PUBLIC AVAILABILITY.—The Interagency Co24 ordination Group shall publish on a publically-avail25 able Internet website each report prepared under subVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00583 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
584 

•HR 2647 RH

1 section (e). Any comments on the report submitted 

2 under paragraph (5) of such subsection shall also be 

3 published on such website. 

4 (2) WAIVER AUTHORITY.—The President may 

5 waive the requirement under paragraph (1) with re6 spect to availability to the public of any element in 

7 a report under subsection (e), or any comment with 

8 respect to a report, if the President determines that 

9 the waiver is justified for national security reasons. 

10 (3) NOTICE OF WAIVER.—The President shall 

11 publish a notice of each waiver made under this sub12 section in the Federal Register no later than the date 

13 on which a report required under subsection (e), or 

14 any comment under paragraph (5) of such subsection, 

15 is submitted to the congressional defense committees. 

16 The report and comments shall specify whether waiv17 ers under this subsection were made and with respect 

18 to which elements in the report or which comments, 

19 as appropriate. 

20 (g) DEFINITIONS.—In this section: 

21 (1) AMOUNTS APPROPRIATED OR OTHERWISE

22 MADE AVAILABLE.—The term ‘‘amounts appropriated 

23 or otherwise made available for military construction 

24 on Guam’’ includes amounts derived from the Sup25 port for United States Relocation to Guam Account. 


tjames on PRODPC75 with BILLS
585 

•HR 2647 RH

1 (2) GUAM.—The term ‘‘Guam’’ includes any is2 land in the Northern Mariana Islands. 

3 (h) TERMINATION.— 

4 (1) IN GENERAL.—The Interagency Coordination 

5 Group shall terminate upon the expenditure of 90 

6 percent of all funds appropriated or otherwise made 

7 available for Guam realignment. 

8 (2) FINAL REPORT.—Before the termination of 

9 the Interagency Coordination Group pursuant to 

10 paragraph (1), the chairperson of the Interagency Co11 ordination Group shall prepare and submit to the 

12 congressional defense committees a final report con13 taining— 

14 (A) notice that the termination condition in 

15 paragraph (1) has occurred; and 

16 (B) a final forensic audit on programs and 

17 operations funded with amounts appropriated or 

18 otherwise made available for military construc19 tion on Guam. 


tjames on PRODPC75 with BILLS
586 

•HR 2647 RH

1 SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY RE2 QUIREMENTS AS CONDITION ON ACCEPT3 ANCE OF REPLACEMENT FACILITY FOR MA4 RINE CORPS AIR STATION, FUTENMA, OKI5 NAWA. 

6 The Secretary of Defense may not accept, or authorize 

7 any other official of the Department of Defense to accept, 

8 a replacement facility in Okinawa for air operations con9 ducted at Marine Corps Air Station, Futenma, Okinawa, 

10 unless the Secretary certifies to the congressional defense 

11 committees that the replacement facility satisfies at least 

12 minimum Naval Aviation Safety requirements. The Sec13 retary may not waive any of these requirements. 

14 SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE 

15 CORPS TRAINING REQUIREMENTS IN ASIA-PA16 CIFIC REGION. 

17 (a) REPORT REQUIRED.—Not later than 180 days 

18 after the date of the enactment of this Act, the Secretary 

19 of Defense, in consultation with the Secretary of the Navy 

20 and the Joint Guam Program Office, shall submit to the 

21 congressional defense committees a report on the training 

22 requirements necessary for Marine Forces Pacific, the field 

23 command of the Marine Corps within the United States Pa24 cific Command. 

25 (b) CONTENTS OF REPORT.—The report required 

26 under subsection (a) shall contain each of the following: 


tjames on PRODPC75 with BILLS
587 

•HR 2647 RH

1 (1) A description of the units of the Marine 

2 Corps expected to be assigned on a permanent or tem3 porary basis to Marine Forces Pacific, including the 

4 type of unit, the organizational element, the current 

5 location of the unit, and proposed location for the 

6 unit. 

7 (2) A description of the training requirements 

8 necessary to sustain the current and planned realign9 ment of forces according to the agreement entitled 

10 ‘‘Agreement between the Government of the United 

11 States of America and the Government of Japan con12 cerning the Implementation of the Relocation of the 

13 III Marine Expeditionary Force Personnel and their 

14 Dependents from Okinawa to Guam’’. 

15 (3) A description of the potential effects of un16 dertaking a separate environmental impact study for 

17 expanded training ranges in the Commonwealth of 

18 the Northern Mariana Islands and for alternative 

19 training range options, including locations in the 

20 Philippines, Thailand, Australia, and Japan. 

21 (4) The rationale for conducting the Mariana Is22 land Range Complex environmental impact statement 

23 without including the additional training require24 ments necessary to support the additional realign25 ment of Marine Corps units on Guam. 


tjames on PRODPC75 with BILLS
588 

•HR 2647 RH

1 (5) A description of the strategic- and tactical2 lift requirements associated with Marine Forces Pa3 cific, including programming information regarding 

4 the intent of the Department of Defense to eliminate 

5 deficiencies in the strategic-lift capabilities. 

6 (c) SENSE OF CONGRESS.—It is the sense of Congress 

7 that an evaluation of training requirements for Marine 

8 Forces Pacific— 

9 (1) should be conducted and completed as soon as 

10 possible; 

11 (2) should include a training analysis that, at a 

12 minimum, reviews the capabilities required to sup13 port a Marine Air-Ground Task Force; and 

14 (3) should not impact the implementation of the 

15 recently signed international agreement referred to in 

16 subsection (b)(2). 

17 Subtitle D—Energy Security 

18 SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING 

19 AND MANAGEMENT SYSTEM SPECIFICATION 

20 FOR MILITARY CONSTRUCTION AND MILI21 TARY FAMILY HOUSING ACTIVITIES. 

22 (a) ADOPTION REQUIRED.— 

23 (1) IN GENERAL.—Subchapter III of chapter 169 

24 of title 10, United States Code, is amended by insertVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
589 

•HR 2647 RH

1 ing after section 2866 at the end the following new 

2 section: 

3 ‘‘§ 2867. Energy monitoring and management system 

4 specification for military construction 

5 and military family housing activities 

6 ‘‘(a) ADOPTION OF DEPARTMENT-WIDE, OPEN

7 SOURCE, ENERGY MONITORING AND MANAGEMENT SYSTEM

8 SPECIFICATION.—The Secretary of Defense shall adopt an 

9 open source energy monitoring and management system 

10 specification for use throughout the Department of Defense 

11 in connection with a military construction project, military 

12 family housing activity, or other activity under this chapter 

13 for the purpose of monitoring and controlling the following 

14 with respect to the project or activity: 

15 ‘‘(1) Utilities and energy usage, including elec16 tricity, gas, steam, and water usage. 

17 ‘‘(2) Indoor environments, including temperature 

18 and humidity levels. 

19 ‘‘(3) Heating, ventilation, and cooling compo20 nents. 

21 ‘‘(4) Central plant equipment. 

22 ‘‘(5) Renewable energy generation systems. 

23 ‘‘(6) Lighting systems. 

24 ‘‘(7) Power distribution networks. 


tjames on PRODPC75 with BILLS
590 

•HR 2647 RH

1 ‘‘(b) EXCLUSION.—(1) The Secretary concerned may 

2 waive the application of the energy monitoring and man3 agement system specification adopted under subsection (a) 

4 with respect to a specific military construction project, 

5 military family housing activity, or other activity under 

6 this chapter if the Secretary determines that the application 

7 of the specification to the project or activity is not life cycle 

8 cost-effective. 

9 ‘‘(2) The Secretary concerned shall notify the congres10 sional defense committees of any waiver granted under 

11 paragraph (1).’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of subchapter III is amended 

14 inserting after the item relating to section 2866 the 

15 following new item: 

‘‘2867. Energy monitoring and management system specification for military construction and military family housing activities.’’. 

16 (3) DEADLINE FOR ADOPTION.—The Secretary of 

17 Defense shall adopt the open source energy monitoring 

18 and management system specification required by sec19 tion 2867 of title 10, United States Code, as added 

20 by paragraph (1), not later than 180 days after the 

21 date of the enactment of this Act. 

22 (b) REPORTING REQUIREMENT.—Not later than 180 

23 days after the date of the enactment of the Act, the Secretary 


tjames on PRODPC75 with BILLS
591 

•HR 2647 RH

1 of Defense shall submit to the congressional defense commit2 tees a report containing the following items: 

3 (1) A contract specification that will implement 

4 the open source energy monitoring and management 

5 system specification required by section 2867 of title 

6 10, United States Code, as added by subsection (a). 

7 (2) A description of the method to ensure compli8 ance of the Department of Defense information assur9 ance certification and accreditation process. 

10 (3) An expected timeline for integration of exist11 ing components with the energy monitoring and man12 agement system. 

13 (4) A list of the justifications and authorizations 

14 provided by the Department, pursuant to Federal Ac15 quisition Regulations Chapter 6.3, relating to Other 

16 Than Full and Open Competition, for energy moni17 toring and management systems during fiscal year 

18 2009. 

19 SEC. 2842. DEPARTMENT OF DEFENSE USE OF ELECTRIC 

20 AND HYBRID MOTOR VEHICLES. 

21 (a) PREFERENCE.—Subchapter II of chapter 173 of 

22 title 10, United States Code, is amended by inserting after 

23 section 2922g, as added by title III of this Act, the following 

24 new section: 


tjames on PRODPC75 with BILLS
592 

•HR 2647 RH

1 ‘‘§ 2922h. Preference for motor vehicles using electric 

2 or hybrid propulsion systems 

3 ‘‘(a) PREFERENCE.—In leasing or procuring motor ve4 hicles for use by a military department or Defense Agency, 

5 the Secretary of the military department or the head of the 

6 Defense Agency shall provide a preference for the lease or 

7 procurement of motor vehicles using electric or hybrid pro8 pulsion systems, including plug-in hybrid systems, if the 

9 electric or hybrid vehicles— 

10 ‘‘(1) will meet the requirements or needs of the 

11 Department of Defense; and 

12 ‘‘(2) are commercially available at a cost reason13 ably comparable, on the basis of life-cycle cost, to 

14 motor vehicles containing only an internal combus15 tion or heat engine using combustible fuel. 

16 ‘‘(b) EXCEPTION.—Subsection (a) does not apply with 

17 respect to tactical vehicles designed for use in combat. 

18 ‘‘(c) HYBRID DEFINED.—In this section, the term ‘hy19 brid’, with respect to a motor vehicle, means a motor vehicle 

20 that draws propulsion energy from onboard sources of 

21 stored energy that are both— 

22 ‘‘(1) an internal combustion or heat engine using 

23 combustible fuel; and 

24 ‘‘(2) a rechargeable energy storage system.’’. 


tjames on PRODPC75 with BILLS
593 

•HR 2647 RH

1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of such subchapter is amended by adding at 

3 the end the following new item: 

‘‘2922h. Preference for motor vehicles using electric or hybrid propulsion systems.’’. 

4 SEC. 2843. DEPARTMENT OF DEFENSE GOAL REGARDING 

5 USE OF RENEWABLE ENERGY SOURCES TO 

6 MEET FACILITY ENERGY NEEDS. 

7 (a) FACILITY BASIS OF GOAL.—Subsection (e) of sec8 tion 2911 of title 10, United States Code, is amended— 

9 (1) by redesignating paragraphs (1) and (2) as 

10 subparagraphs (A) and (B), respectively; 

11 (2) in subparagraph (A) (as so redesignated)— 

12 (A) by striking ‘‘electric energy’’ and insert13 ing ‘‘facility energy’’; 

14 (B) by striking ‘‘and in its activities’’; and 

15 (C) by striking ‘‘(as defined in section 

16 203(b) of the Energy Policy Act of 2005 (42 

17 U.S.C. 15852(b)))’’; and 

18 (3) in subparagraph (B) (as so redesignated), by 

19 striking ‘‘electric energy’’ and inserting ‘‘facility en20 ergy’’. 

21 (b) DEFINITION OF RENEWABLE ENERGY SOURCE.— 

22 Such subsection is further amended— 

23 (1) by striking ‘‘It shall be’’ and inserting ‘‘(1) 

24 It shall be’’; and 


tjames on PRODPC75 with BILLS
594 

•HR 2647 RH

1 (2) by adding at the end the following new para2 graph: 

3 ‘‘(2) In this subsection, the term ‘renewable energy 

4 source’ means energy generated from renewable sources, in5 cluding the following: 

6 ‘‘(A) Solar. 

7 ‘‘(B) Wind. 

8 ‘‘(C) Biomass. 

9 ‘‘(D) Landfill gas. 

10 ‘‘(E) Ocean, including tidal, wave, current, and 

11 thermal. 

12 ‘‘(F) Geothermal, including electricity and heat 

13 pumps. 

14 ‘‘(G) Municipal solid waste. 

15 ‘‘(H) New hydroelectric generation capacity 

16 achieved from increased efficiency or additions of new 

17 capacity at an existing hydroelectric project. For pur18 poses of this subparagraph, hydroelectric generation 

19 capacity is ‘new’ if it was placed in service on or 

20 after January 1, 1999. 

21 ‘‘(I) Thermal energy generated by any of the pre22 ceding sources.’’. 

23 (c) CLERICAL AMENDMENT.—The heading of such sub24 section is amended by striking ‘‘ELECTRICITY NEEDS’’ and 

25 inserting ‘‘FACILITY ENERGY NEEDS’’. 


tjames on PRODPC75 with BILLS
595 

•HR 2647 RH

1 SEC. 2844. COMPTROLLER GENERAL REPORT ON DEPART2 MENT OF DEFENSE RENEWABLE ENERGY INI3 TIATIVES. 

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

5 of this Act, the Comptroller General shall submit to Con6 gress a report on all renewable energy initiatives being 

7 funded by the Department of Defense or a military depart8 ment down to the base commander level. The Comptroller 

9 General shall specifically address the following in the re10 port: 

11 (1) The costs associated with each renewable en12 ergy initiative. 

13 (2) Whether the renewable energy initiative has 

14 a clearly delineated set of goals or targets. 

15 (3) Whether those goals or targets are being met 

16 or are likely to be met by the conclusion of the renew17 able energy initiative. 

18 SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER 

19 PLANTS ON MILITARY INSTALLATIONS. 

20 (a) STUDY REQUIRED; ELEMENTS.—The Secretary of 

21 Defense shall conduct a study to assess the feasibility of de22 veloping nuclear power plants on military installations. As 

23 part of the study, the Secretary shall— 

24 (1) summarize options available for public-pri25 vate partnerships for construction and operation of 

26 the power plants; 


tjames on PRODPC75 with BILLS
596 

•HR 2647 RH

1 (2) estimate the cost per kilowatt-hour and con2 sider the potential for life cycle cost savings to the De3 partment of Defense, including potential environ4 mental liabilities; 

5 (3) consider the potential energy security advan6 tages to the Department of Defense of generating elec7 tricity on military installations through the use of 

8 nuclear energy; 

9 (4) assess the additional infrastructure costs that 

10 would be needed to enable the power plants to sell 

11 power back to the general electricity grid; 

12 (5) consider impact on quality of life of members 

13 stationed at an installation containing a nuclear 

14 power plant; 

15 (6) consider regulatory, State, and local concerns 

16 to production of nuclear power on military installa17 tions; 

18 (7) assess to what degree nuclear power plants 

19 would adversely affect operations on military instal20 lations, including consideration of training and read21 iness requirements; 

22 (8) assess potential environmental liabilities for 

23 the Department of Defense; 

24 (9) consider factors impacting safe co-location of 

25 nuclear power plants on military installations; and 


tjames on PRODPC75 with BILLS
597 

•HR 2647 RH

1 (10) consider any other factors that bear on the 

2 feasibility of developing nuclear power plants on 

3 military installations. 

4 (b) SUBMISSION OF RESULTS OF STUDY.—Not later 

5 than June 1, 2010, the Secretary shall submit to the Com6 mittees on Armed Services of the Senate and House of Rep7 resentatives a report containing the results of the study. 

8 Subtitle E—Land Conveyances 

9 SEC. 2851. TRANSFER OF ADMINISTRATIVE JURISDICTION, 

10 PORT CHICAGO NAVAL MAGAZINE, CALI11 FORNIA. 

12 (a) TRANSFER REQUIRED; ADMINISTRATION.—Section 

13 203 of the Port Chicago National Memorial Act of 1992 

14 (Public Law 102–562; 16 U.S.C. 431; 106 Stat. 4235) is 

15 amended by striking subsection (c) and inserting the fol16 lowing new subsections: 

17 ‘‘(c) ADMINISTRATION.—The Secretary of the Interior 

18 shall administer the Port Chicago Naval Magazine National 

19 Memorial as a unit of the National Park System in accord20 ance with this Act and laws generally applicable to units 

21 of the National Park System, including the National Park 

22 Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq.) and 

23 the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 

24 et seq.). Land transferred to the administrative jurisdiction 


tjames on PRODPC75 with BILLS
598 

•HR 2647 RH

1 of the Secretary of the Interior under subsection (d) shall 

2 be administered in accordance with this subsection. 

3 ‘‘(d) TRANSFER OF LAND.—The Secretary of Defense 

4 shall transfer a parcel of land, consisting of approximately 

5 5 acres, depicted within the proposed boundary on the map 

6 titled ‘Port Chicago Naval Magazine National Memorial, 

7 Proposed Boundary’, numbered 018/80,001, and dated Au8 gust 2005, to the administrative jurisdiction of the Sec9 retary of the Interior if the Secretary of Defense determines 

10 that— 

11 ‘‘(1) the land is excess to military needs; and 

12 ‘‘(2) all environmental remediation actions nec13 essary to respond to environmental contamination re14 lated to the land have been completed in accordance 

15 with the Comprehensive Environmental Response, 

16 Compensation, and Liability Act of 1980 (42 U.S.C. 

17 9601 et seq.) and other applicable laws. 

18 ‘‘(e) PUBLIC ACCESS.—The Secretary of the Interior 

19 shall enter into an agreement with the Secretary of Defense 

20 to provide as much public access as possible to the Port 

21 Chicago Naval Magazine National Memorial without inter22 fering with military needs. This subsection shall no longer 

23 apply if, at some point in the future, the National Memorial 

24 ceases to be an enclave within the Concord Naval Weapons 

25 Station. 


tjames on PRODPC75 with BILLS
599 

•HR 2647 RH

1 ‘‘(f) AGREEMENT WITH CITY OF CONCORD AND EAST

2 BAY REGIONAL PARK DISTRICT.—The Secretary of the In3 terior is authorized to enter into an agreement with the City 

4 of Concord, California, and the East Bay Regional Park 

5 District, to establish and operate a facility for visitor ori6 entation and parking, administrative offices, and curato7 rial storage for the National Memorial.’’. 

8 (b) SENSE OF CONGRESS ON REMEDIATION AND RE9 PAIR OF NATIONAL MEMORIAL.— 

10 (1) REMEDIATION.—It is the sense of Congress 

11 that, in order to facilitate the land transfer described 

12 in subsection (d) of section 203 of the Port Chicago 

13 National Memorial Act of 1992, as added by sub14 section (a), the Secretary of Defense should remediate 

15 remaining environmental contamination related to 

16 the land. 

17 (2) REPAIR.—It is the sense of Congress that, in 

18 order to preserve the Port Chicago Naval Magazine 

19 National Memorial for future generations, the Sec20 retary of Defense and the Secretary of the Interior 

21 should work together to develop a process by which fu22 ture repairs and necessary modifications to the Na23 tional Memorial can be achieved in as timely and 

24 cost-effective a manner as possible. 


tjames on PRODPC75 with BILLS
600 

•HR 2647 RH

1 SEC. 2852. LAND CONVEYANCES, NAVAL AIR STATION, BAR2 BERS POINT, HAWAII. 

3 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

4 Navy shall convey, without consideration, to the Hawaii 

5 Community Development Authority (in this section referred 

6 to as the ‘‘Authority’’), which is the local redevelopment au7 thority for former Naval Air Station, Barbers Point, Oahu, 

8 Hawaii, all right, title, and interest of the United States 

9 in and to the following parcels of real property, including 

10 any improvements thereon and clear of all liens and encum11 brances, at the installation: 

12 (1) An approximately 10.569-acre parcel of land 

13 identified as ‘‘Parcel No. 13126 B’’ and further iden14 tified by Oahu Tax Map Key No. 9-1-031:047. 

15 (2) An approximately 145.785-acre parcel of 

16 land identified as ‘‘Parcel No. 13058 D’’ and further 

17 identified by Oahu Tax Map Key No. 9-1-013:039. 

18 (3) An approximately 9.303-acre parcel of land 

19 identified as ‘‘Parcel No. 13058 F’’ and further iden20 tified by Oahu Tax Map Key No. 9-1-013:041. 

21 (4) An approximately 57.937-acre parcel of land 

22 identified as ‘‘Parcel No. 13058 G’’ and further iden23 tified by Oahu Tax Map Key No. 9-1-013:042. 

24 (5) An approximately 11.501-acre parcel of land 

25 identified as ‘‘Parcel No. 13073 D’’ and further iden26 tified by Oahu Tax Map Key No. 9-1-013:069. 


tjames on PRODPC75 with BILLS
601 

•HR 2647 RH

1 (6) An approximately 65.356-acre parcel of land 

2 identified as ‘‘Parcel No. 13073 B’’ and further iden3 tified by Oahu Tax Map Key No. 9-1-013:067. 

4 (b) PAYMENT OF COSTS OF CONVEYANCES.— 

5 (1) PAYMENT REQUIRED.—The Secretary shall 

6 require the Authority to cover costs to be incurred by 

7 the Secretary, or to reimburse the Secretary for costs 

8 incurred by the Secretary, to carry out the convey9 ance under subsection (a), including survey costs, 

10 costs related to environmental documentation, and 

11 other administrative costs related to the conveyance. 

12 If amounts are collected from the Authority in ad13 vance of the Secretary incurring the actual costs, and 

14 the amount collected exceeds the costs actually in15 curred by the Secretary to carry out the conveyance, 

16 the Secretary shall refund the excess amount to the 

17 Authority. 

18 (2) TREATMENT OF AMOUNTS RECEIVED.— 

19 Amounts received as reimbursements under para20 graph (1) shall be credited to the fund or account that 

21 was used to cover the costs incurred by the Secretary 

22 in carrying out the conveyance. Amounts so credited 

23 shall be merged with amounts in such fund or account 

24 and shall be available for the same purposes, and subVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
602 

•HR 2647 RH

1 ject to the same conditions and limitations, as 

2 amounts in such fund or account. 

3 (c) SAVINGS PROVISION.—Nothing in this section shall 

4 be construed to affect or limit the application of, or any 

5 obligation to comply with, any environmental law, includ6 ing the Comprehensive Environmental Response, Com7 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

8 seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

9 et seq.). 

10 (d) DESCRIPTION OF PROPERTY.—The exact acreage 

11 and legal descriptions of the parcels of real property to be 

12 conveyed under subsection (a) shall be determined by a sur13 vey satisfactory to the Secretary. 

14 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec15 retary may require such additional terms and conditions 

16 in connection with the conveyances under subsection (a) as 

17 the Secretary considers appropriate to protect the interests 

18 of the United States. 

19 SEC. 2853. MODIFICATION OF LAND CONVEYANCE, FORMER 

20 GRIFFISS AIR FORCE BASE, NEW YORK. 

21 (a) ADDITIONAL CONVEYANCE.—Subsection (a)(1) of 

22 section 2873 of the Military Construction Authorization Act 

23 for Fiscal Year 2005 (division B of Public Law 108–375; 

24 118 Stat. 2152) is amended— 


tjames on PRODPC75 with BILLS
603 

•HR 2647 RH

1 (1) by striking ‘‘two parcels’’ and inserting 

2 ‘‘three parcels’’; 

3 (2) by striking ‘‘and 1.742 acres and containing 

4 the four buildings’’ and inserting ‘‘, 1.742 acres, and 

5 4.5 acres, respectively, and containing all or a por6 tion of the five buildings’’; and 

7 (3) by inserting ‘‘and the Modification and Fab8 rication Facility’’ after ‘‘Reconnaissance Labora9 tory’’. 

10 (b) DESCRIPTION OF PROPERTY.—Subsection (a)(2) of 

11 such section is amended by adding at the end the following 

12 new subparagraph: 

13 ‘‘(E) Bay Number 4 in Building 101 (approxi14 mately 115,000 square feet).’’. 

15 (c) PURPOSE OF CONVEYANCE.—Subsection (a)(3) of 

16 such section is amended by adding before the period at the 

17 end the following: ‘‘and to provide adequate reimbursement, 

18 real property, and replacement facilities for the Air Force 

19 Research Laboratory units that are relocated as a result 

20 of the conveyance’’. 

21 (d) CONSIDERATION.—Subsection (c) of such section is 

22 amended by striking ‘‘in-kind contribution’’ and inserting 

23 ‘‘in-kind consideration (including land and new facili24 ties)’’. 


tjames on PRODPC75 with BILLS
604 

•HR 2647 RH

1 SEC. 2854. LAND CONVEYANCE, ARMY RESERVE CENTER, 

2 CHAMBERSBURG, PENNSYLVANIA. 

3 (a) CONVEYANCE AUTHORIZED.—At such time as the 

4 Army Reserve vacates the Army Reserve Center at 721 

5 South Sixth Street, Chambersburg, Pennsylvania, the Sec6 retary of the Army may convey, without consideration, to 

7 the Chambersburg Area School District (in this section re8 ferred to as the ‘‘School District’’), all right, title, and inter9 est of the United States in and to the Reserve Center for 

10 the purpose of permitting the School District to utilize the 

11 property for educational, educational support, and commu12 nity activities. 

13 (b) REVERSIONARY INTEREST.—If the Secretary deter14 mines at any time that the real property conveyed under 

15 subsection (a) is not being used in accordance with the pur16 pose of the conveyance, all right, title, and interest in and 

17 to such real property, including any improvements and ap18 purtenant easements thereto, shall, at the option of the Sec19 retary, revert to and become the property of the United 

20 States, and the United States shall have the right of imme21 diate entry onto such real property. A determination by the 

22 Secretary under this subsection shall be made on the record 

23 after an opportunity for a hearing. 

24 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

25 and legal description of the real property to be conveyed 


tjames on PRODPC75 with BILLS
605 

•HR 2647 RH

1 under subsection (a) shall be determined by a survey satis2 factory to the Secretary. 

3 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

4 (1) PAYMENT REQUIRED.—The Secretary shall 

5 require the School District to cover costs to be in6 curred by the Secretary, or to reimburse the Secretary 

7 for costs incurred by the Secretary, to carry out the 

8 conveyance under subsection (a), including survey 

9 costs, costs related to environmental documentation, 

10 and other administrative costs related to the convey11 ance. If amounts are collected from the School Dis12 trict in advance of the Secretary incurring the actual 

13 costs, and the amount collected exceeds the costs actu14 ally incurred by the Secretary to carry out the con15 veyance, the Secretary shall refund the excess amount 

16 to the School District. 

17 (2) TREATMENT OF AMOUNTS RECEIVED.— 

18 Amounts received as reimbursements under para19 graph (1) shall be credited to the fund or account that 

20 was used to cover the costs incurred by the Secretary 

21 in carrying out the conveyance. Amounts so credited 

22 shall be merged with amounts in such fund or account 

23 and shall be available for the same purposes, and sub24 ject to the same conditions and limitations, as 

25 amounts in such fund or account. 


tjames on PRODPC75 with BILLS
606 

•HR 2647 RH

1 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions 

3 in connection with the conveyance under subsection (a) as 

4 the Secretary considers appropriate to protect the interests 

5 of the United States. 

6 SEC. 2855. LAND CONVEYANCE, NAVAL AIR STATION 

7 OCEANA, VIRGINIA. 

8 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

9 Navy may convey to the City of Virginia Beach, Virginia 

10 (in this section referred to as the ‘‘City’’), all right, title, 

11 and interest of the United States in and to parcels of non12 contiguous real property, including any improvements 

13 thereon, consisting of a total of approximately 2.4 acres at 

14 Naval Air Station Oceana, Virginia, for the purpose of per15 mitting the City to expand services to support the Marine 

16 Animal Care Center. 

17 (b) CONSIDERATION.—As consideration for the convey18 ance under subsection (a), the City shall provide compensa19 tion to the Secretary of the Navy in an amount equal to 

20 the fair market value of the real property conveyed under 

21 such subsection, as determined by appraisals acceptable to 

22 the Secretary. 

23 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

24 and legal description of the real property to be exchanged 


tjames on PRODPC75 with BILLS
607 

•HR 2647 RH

1 under this section shall be determined by surveys satisfac2 tory to the Secretary. 

3 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

4 (1) PAYMENT REQUIRED.—The Secretary shall 

5 require the City to cover costs to be incurred by the 

6 Secretary, or to reimburse the Secretary for costs in7 curred by the Secretary, to carry out the conveyance 

8 under this section, including survey costs related to 

9 the conveyance. If amounts are collected from the City 

10 in advance of the Secretary incurring the actual costs, 

11 and the amount collected exceeds the costs actually in12 curred by the Secretary to carry out the conveyance, 

13 the Secretary shall refund the excess amount to the 

14 City. 

15 (2) TREATMENT OF AMOUNTS RECEIVED.— 

16 Amounts received under paragraph (1) as reimburse17 ment for costs incurred by the Secretary to carry out 

18 the conveyance under this section shall be credited to 

19 the fund or account that was used to cover the costs 

20 incurred by the Secretary in carrying out the convey21 ance. Amounts so credited shall be merged with 

22 amounts in such fund or account and shall be avail23 able for the same purposes, and subject to the same 

24 conditions and limitations, as amounts in such fund 

25 or account. 


tjames on PRODPC75 with BILLS
608 

•HR 2647 RH

1 (e) ADDITIONAL TERM AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions 

3 in connection with the conveyance under this section as the 

4 Secretary considers appropriate to protect the interests of 

5 the United States. 

6 SEC. 2856. LAND CONVEYANCE, HAINES TANK FARM, 

7 HAINES, ALASKA. 

8 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

9 Army may convey to the Chilkoot Indian Association (in 

10 this section referred to as the ‘‘Association’’) all right, title, 

11 and interest of the United States in and to a parcel of real 

12 property, including improvements thereon, consisting of ap13 proximately 201 acres located at the former Haines Fuel 

14 Terminal (also known as the Haines Tank Farm) in 

15 Haines, Alaska, for the purpose of permitting the Associa16 tion to develop a Deep Sea Port and for other industrial 

17 and commercial development purposes. To the extent prac18 ticable, the Secretary is encouraged to complete the convey19 ance by September 30, 2013. 

20 (b) CONSIDERATION.—As consideration for the convey21 ance of the property described in subsection (a), the Associa22 tion shall pay to the Secretary an amount equal to the fair 

23 market value of the property, as determined by the Sec24 retary. The determination of the Secretary shall be final. 

25 At the election of the Secretary, the Secretary may accept 


tjames on PRODPC75 with BILLS
609 

•HR 2647 RH

1 in-kind consideration in lieu of all or a portion of the cash 

2 payment. 

3 (c) REVERSIONARY INTEREST.—If the Secretary deter4 mines at any time that the real property conveyed under 

5 subsection (a) is not being used in accordance with the pur6 pose of the conveyance, all right, title, and interest in and 

7 to such real property, including any improvements and ap8 purtenant easements thereto, shall, at the option of the Sec9 retary, revert to and become the property of the United 

10 States, and the United States shall have the right of imme11 diate entry onto such real property. A determination by the 

12 Secretary under this subsection shall be made on the record 

13 after an opportunity for a hearing. 

14 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

15 (1) PAYMENT REQUIRED.—The Secretary shall 

16 require the Association to cover costs to be incurred 

17 by the Secretary, or to reimburse the Secretary for 

18 costs incurred by the Secretary, to carry out the con19 veyance under subsection (a), including survey costs, 

20 costs related to environmental documentation, and 

21 other administrative costs related to the conveyance. 

22 If amounts are collected from the Association in ad23 vance of the Secretary incurring the actual costs, and 

24 the amount collected exceeds the costs actually in25 curred by the Secretary to carry out the conveyance, 


tjames on PRODPC75 with BILLS
610 

•HR 2647 RH

1 the Secretary shall refund the excess amount to the 

2 Association. 

3 (2) TREATMENT OF AMOUNTS RECEIVED.— 

4 Amounts received as reimbursements under para5 graph (1) shall be credited to the fund or account that 

6 was used to cover the costs incurred by the Secretary 

7 in carrying out the conveyance. Amounts so credited 

8 shall be merged with amounts in such fund or account 

9 and shall be available for the same purposes, and sub10 ject to the same conditions and limitations, as 

11 amounts in such fund or account. 

12 (e) SAVINGS PROVISION.—Nothing in this section shall 

13 be construed to affect or limit the application of, or any 

14 obligation to comply with, any environmental law, includ15 ing the Comprehensive Environmental Response, Com16 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

17 seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 

18 et seq.). 

19 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

20 and legal description of the real property to be conveyed 

21 under this section shall be determined by a survey satisfac22 tory to the Secretary. 

23 (g) ADDITIONAL TERM AND CONDITIONS.—The Sec24 retary may require such additional terms and conditions 

25 in connection with the conveyance under this section as the 


tjames on PRODPC75 with BILLS
611 

•HR 2647 RH

1 Secretary considers appropriate to protect the interests of 

2 the United States. 

3 SEC. 2857. COMPLETION OF LAND EXCHANGE AND CON4 SOLIDATION, FORT LEWIS, WASHINGTON. 

5 Subsection (a)(1) of section 2837 of the Military Con6 struction Authorization Act for Fiscal Year 2002 (division 

7 B of Public Law 107–107; 115 Stat. 1315), as amended 

8 by section 2852 of the Military Construction Authorization 

9 Act for Fiscal Year 2005 (division B of Public Law 108– 

10 375; 118 Stat. 2143), is further amended— 

11 (1) in the first sentence, by striking ‘‘The Sec12 retary of the Army may transfer’’ and inserting ‘‘Not 

13 later than 60 days after the date of the enactment of 

14 the Military Construction Authorization Act for Fis15 cal Year 2010, the Secretary of the Army shall trans16 fer’’; and 

17 (2) in the second sentence— 

18 (A) by striking ‘‘may make the transfer’’ 

19 and inserting ‘‘shall make the transfer’’; and 

20 (B) by striking ‘‘may accept’’ and inserting 

21 ‘‘shall accept’’. 


tjames on PRODPC75 with BILLS
612 

•HR 2647 RH

1 Subtitle F—Other Matters 

2 SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL 

3 MONUMENT TO HONOR UNITED STATES 

4 ARMED FORCES WORKING DOG TEAMS. 

5 Section 2877 of the National Defense Authorization 

6 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

7 563; 16 U.S.C. 431 note) is amended by striking ‘‘National 

8 War Dogs Monument, Inc.,’’ both places it appears and in9 serting ‘‘John Burnam Monument Foundation, Inc.,’’. 

10 SEC. 2872. NAMING OF CHILD DEVELOPMENT CENTER AT 

11 FORT LEONARD WOOD, MISSOURI, IN HONOR 

12 OF MR. S. LEE KLING. 

13 A child development center at Fort Leonard Wood, 

14 Missouri, shall be known and designated as the ‘‘S. Lee 

15 Kling Child Development Center’’. Any reference in a law, 

16 map, regulation, document, paper, or other record of the 

17 United States to such child development center shall be 

18 deemed to be a reference to the S. Lee Kling Child Develop19 ment Center. 

20 SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERA21 TIVE SECURITY LOCATION IN PALANQUERO, 

22 COLOMBIA. 

23 (a) CONGRESSIONAL NOTIFICATION OF AGREEMENT.— 

24 None of the amounts authorized to be appropriated by this 

25 division or otherwise made available for military construcVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00612 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
613 

•HR 2647 RH

1 tion for fiscal year 2010 may be obligated to commence con2 struction of a Cooperative Security Location at the German 

3 Olano Airbase (the Palanquero AB Development Project) in 

4 Palanquero, Colombia, until at least 15 days after the date 

5 on which the Secretary of Defense certifies to the congres6 sional defense committees that an agreement has been en7 tered into with the Government of Colombia that permits 

8 the establishment of the Cooperative Security Location at 

9 the German Olano Airbase in a manner that will enable 

10 the United States Southern Command to execute its Theater 

11 Posture Strategy in cooperation with the Armed Forces of 

12 Colombia. 

13 (b) PROHIBITION ON PERMANENT UNITED STATES

14 MILITARY INSTALLATION.—The agreement referred to in 

15 subsection (a) may not provide for or authorize the estab16 lishment of a United States military installation or base 

17 for the permanent stationing of United States Armed Forces 

18 in Colombia. 

19 SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MA20 RINE CORPS MOUNTAIN WARFARE TRAINING 

21 CENTER. 

22 Section 1806 of the Omnibus Public Land Manage23 ment Act of 2009 (Public Law 111–11; 123 Stat. 1056; 16 

24 U.S.C. 460vvv) is amended by adding at the end the fol25 lowing new subsection: 


tjames on PRODPC75 with BILLS
614 

•HR 2647 RH

1 ‘‘(g) MILITARY ACTIVITIES AT UNITED STATES MA2 RINE CORPS MOUNTAIN WARFARE TRAINING CENTER.— 

3 The designation of the Bridgeport Winter Recreation Area 

4 by this section is not intended to restrict or preclude the 

5 activities conducted by the United States Armed Forces at 

6 the United States Marine Corps Mountain Warfare Train7 ing Center.’’. 

8 TITLE XXIX—OVERSEAS CONTIN9 GENCY OPERATIONS MILI10 TARY CONSTRUCTION AU11 THORIZATIONS 

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. 

12 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 

13 ACQUISITION PROJECTS. 

14 (a) OUTSIDE THE UNITED STATES.—Using amounts 

15 appropriated pursuant to the authorization of appropria16 tions in subsection (b)(1), the Secretary of the Army may 

17 acquire real property and carry out military construction 

18 projects for the installations or locations outside the United 

19 States, and in the amounts, set forth in the following table: 

Army: Outside 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 


tjames on PRODPC75 with BILLS
615 

•HR 2647 RH

Army: Outside United States—Continued 

Country Installation or Location Amount 

Camp Salerno ................................................. $50,200,000 

Forward Operating Base Blessing ................ $5,600,000 

Forward Operating Base Bostick .................. $5,500,000 

Forward Operating Base Dwyer ................... $14,900,000 

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 ......................................................... $12,200,000 

Methar-Lam .................................................... $4,150,000 

Provincial Reconstruction Team Gardez ...... $36,200,000 

Provincial Reconstruction Team Tarin 

Kowt.

$57,950,000 

Tombstone/Bastion .......................................... $71,800,000 

Wolverine ......................................................... $14,900,000 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

2 hereby authorized to be appropriated for fiscal years begin3 ning after September 30, 2009, for military construction, 

4 land acquisition, and military family housing functions of 

5 the Department of the Army in the total amount of 

6 $930,484,000 as follows: 

7 (1) For military construction projects outside the 

8 United States authorized by subsection (a), 

9 $834,100,000. 

10 (2) For unspecified minor military construction 

11 projects under section 2805 of title 10, United States 

12 Code, $20,100,000. 

13 (3) For architectural and engineering services 

14 and construction design under section 2807 of title 

15 10, United States Code, $76,284,000. 


tjames on PRODPC75 with BILLS
616 

•HR 2647 RH

1 SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 

2 LAND ACQUISITION PROJECTS. 

3 (a) OUTSIDE THE UNITED STATES.—Using amounts 

4 appropriated pursuant to the authorization of appropria5 tions in subsection (b)(1), the Secretary of the Air Force 

6 may acquire real property and carry out military construc7 tion projects for the installations or locations outside the 

8 United States, and in the amounts, set forth in the following 

9 table: 

Air Force: Outside the United States 

Country Installation or Location Amout 

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 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

11 hereby authorized to be appropriated for fiscal years begin12 ning after September 30, 2009, for military construction, 

13 land acquisition, and military family housing functions of 

14 the Department of the Air Force in the total amount of 

15 $474,500,000, as follows: 

16 (1) For military construction projects outside the 

17 United States authorized by subsection (a), 

18 $439,500,000. 


tjames on PRODPC75 with BILLS
617 

•HR 2647 RH

1 (2) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $35,000,000. 

4 SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILI5 TIES FOR OFFICE OF DEFENSE REPRESENTA6 TIVE-PAKISTAN. 

7 (a) IN GENERAL.—Notwithstanding the definition of 

8 military construction in section 2801 of title 10, United 

9 States Code, of the amounts authorized to be appropriated 

10 by this division for military construction, the Secretary of 

11 Defense may use not more than $25,000,000 to plan, design, 

12 and construct facilities on the United States Embassy Com13 pound in Islamabad, Pakistan, in support of the Office of 

14 the Defense Representative-Pakistan (in this section referred 

15 to as the ‘‘ODRP’’). 

16 (b) REPORT REQUIRED.— 

17 (1) IN GENERAL.—Not later than 90 days after 

18 the date of the enactment of this Act, and every 180 

19 days thereafter, the Secretary of Defense shall submit 

20 to the appropriate congressional committees a report 

21 on the number of personnel and activities of the 

22 ODRP. 

23 (2) ELEMENTS.—The report under paragraph 

24 (1) shall include the following: 


tjames on PRODPC75 with BILLS
618 

•HR 2647 RH

1 (A) A detailed accounting of the number of 

2 personnel permanently assigned or on temporary 

3 duty in the ODRP. 

4 (B) A description of the mission of those 

5 personnel assigned on a temporary or permanent 

6 basis to the ODRP. 

7 (C) A projection of space requirements for 

8 the ODRP. 

9 (3) FORM.—The report under paragraph (1) 

10 may be submitted in a classified form. 

11 (4) APPROPRIATE COMMITTEES.—For the pur12 poses of this subsection, the appropriate congressional 

13 committees are the following: 

14 (A) The Committees on Armed Services and 

15 Foreign Affairs of the House of Representatives. 

16 (B) The Committees on Armed Services and 

17 Foreign Relations of the Senate. 

18 (5) TERMINATION.—The requirement to submit a 

19 report under this subsection terminates on the date 

20 occurring two years after the date on which the first 

21 report is submitted. 


tjames on PRODPC75 with BILLS
619 

•HR 2647 RH

1 DIVISION C—DEPARTMENT OF 

2 ENERGY NATIONAL SECURITY 

3 AUTHORIZATIONS AND 

4 OTHER AUTHORIZATIONS 

5 TITLE XXXI—DEPARTMENT OF 

6 ENERGY NATIONAL SECURITY 

7 PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration. 

Sec. 3102. Defense environmental cleanup. 

Sec. 3103. Other defense activities. 

Sec. 3104. Defense nuclear waste disposal. 

Sec. 3105. Energy security and assurance. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Stockpile stewardship program. 

Sec. 3112. Stockpile management program. 

Sec. 3113. Plan for execution of stockpile stewardship and stockpile management 

programs. 

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

Sec. 3115. Annual long-term plan for the modernization and refurbishment of the 

nuclear security complex. 

Subtitle C—Reports 

Sec. 3121. Comptroller General review of management and operations contract 

costs for national security laboratories. 

Sec. 3122. Plan to ensure capability to monitor, analyze, and evaluate foreign 

nuclear weapons activities. 

8 Subtitle A—National Security 

9 Programs Authorizations 

10 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA11 TION. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

13 hereby authorized to be appropriated to the Department of 

14 Energy for fiscal year 2010 for the activities of the National 


tjames on PRODPC75 with BILLS
620 

•HR 2647 RH

1 Nuclear Security Administration in carrying out programs 

2 necessary for national security in the amount of 

3 $10,479,627,000, to be allocated as follows: 

4 (1) For weapons activities, $6,516,431,000. 

5 (2) For defense nuclear nonproliferation activi6 ties, $2,539,309,000. 

7 (3) For naval reactors, $1,003,133,000. 

8 (4) For the Office of the Administrator for Nu9 clear Security, $420,754,000. 

10 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

11 From funds referred to in subsection (a) that are available 

12 for carrying out plant projects, the Secretary of Energy 

13 may carry out new plant projects for the National Nuclear 

14 Security Administration as follows: 

15 (1) For readiness in technical base and facilities, 

16 the following new plant project: 

17 Project 10-D-501, nuclear facilities risk re18 duction, Y–12 National Security Complex, Oak 

19 Ridge, Tennessee, $12,500,000. 

20 (2) For safeguards and security, the following 

21 new plant project: 

22 Project 10-D-701, security improvement 

23 project, Y–12 National Security Complex, Oak 

24 Ridge, Tennessee, $49,000,000. 


tjames on PRODPC75 with BILLS
621 

•HR 2647 RH

1 (3) For naval reactors, the following new plant 

2 projects: 

3 Project 10-D-903, KAPL security upgrades, 

4 Schenectady, New York, $1,500,000. 

5 Project 10-D-904, Naval Reactors Facility 

6 infrastructure upgrades, Naval Reactors Facil7 ity, Idaho, $700,000. 

8 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

9 Funds are hereby authorized to be appropriated to the 

10 Department of Energy for fiscal year 2010 for defense envi11 ronmental cleanup activities in carrying out programs nec12 essary for national security in the amount of 

13 $5,024,491,000. 

14 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

15 Funds are hereby authorized to be appropriated to the 

16 Department of Energy for fiscal year 2010 for other defense 

17 activities in carrying out programs necessary for national 

18 security in the amount of $872,468,000. 

19 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

20 Funds are hereby authorized to be appropriated to the 

21 Department of Energy for fiscal year 2010 for defense nu22 clear waste disposal for payment to the Nuclear Waste Fund 

23 established in section 302(c) of the Nuclear Waste Policy 

24 Act of 1982 (42 U.S.C. 10222(c)) in the amount of 

25 $98,400,000. 


tjames on PRODPC75 with BILLS
622 

•HR 2647 RH

1 SEC. 3105. ENERGY SECURITY AND ASSURANCE. 

2 Funds are hereby authorized to be appropriated to the 

3 Department of Energy for fiscal year 2010 for energy secu4 rity and assurance programs necessary for national secu5 rity in the amount of $6,188,000. 

6 Subtitle B—Program Authoriza7 tions, Restrictions, and Limita8 tions 

9 SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM. 

10 (a) IN GENERAL.—Subsection (a) of section 4201 of 

11 the Atomic Energy Defense Act (division D of Public Law 

12 107–314; 50 U.S.C. 2521) is amended to read as follows: 

13 ‘‘(a) ESTABLISHMENT.—The Secretary of Energy, act14 ing through the Administrator for Nuclear Security, shall 

15 establish a stewardship program to ensure— 

16 ‘‘(1) the preservation of the core intellectual and 

17 technical competencies of the United States in nuclear 

18 weapons, including weapons design, system integra19 tion, manufacturing, security, use control, reliability 

20 assessment, and certification; and 

21 ‘‘(2) that the nuclear weapons stockpile is safe, 

22 secure, and reliable without the use of underground 

23 nuclear weapons testing.’’. 

24 (b) ELEMENTS.—Subsection (b) of such section is 

25 amended— 


tjames on PRODPC75 with BILLS
623 

•HR 2647 RH

1 (1) in paragraph (1), by inserting ‘‘and per2 formance over time’’ after ‘‘detonation’’; and 

3 (2) by adding at the end the following new para4 graphs: 

5 ‘‘(4) Material support for the use of, and experi6 ments facilitated by, the advanced experimental fa7 cilities of the United States, including— 

8 ‘‘(A) the National Ignition Facility at Law9 rence Livermore National Laboratory; 

10 ‘‘(B) the Dual Axis Radiographic Hydro11 dynamic Test Facility at Los Alamos National 

12 Laboratory; and 

13 ‘‘(C) the Z Machine at Sandia National 

14 Laboratories. 

15 ‘‘(5) Material support for the sustainment and 

16 modernization of facilities with production and man17 ufacturing capabilities that are necessary to ensure 

18 the safety, security, and reliability of the nuclear 

19 weapons stockpile, including— 

20 ‘‘(A) the Pantex Plant; 

21 ‘‘(B) the Y–12 National Security Complex; 

22 ‘‘(C) the Kansas City Plant; and 

23 ‘‘(D) the Savannah River Site.’’. 


tjames on PRODPC75 with BILLS
624 

•HR 2647 RH

1 (c) PRIOR AUTHORIZATION OF APPROPRIATIONS FOR

2 FISCAL YEAR 1994.—Such section is further amended by 

3 striking subsection (c). 

4 SEC. 3112. STOCKPILE MANAGEMENT PROGRAM. 

5 (a) IN GENERAL.—The Atomic Energy Defense Act 

6 (division D of Public Law 107-314; 50 U.S.C. 2501 et seq.) 

7 is amended— 

8 (1) by repealing section 4204A (50 U.S.C. 

9 2524a); and 

10 (2) by amending section 4204 (50 U.S.C. 2524) 

11 to read as follows: 

12 ‘‘SEC. 4204. STOCKPILE MANAGEMENT PROGRAM. 

13 ‘‘(a) PROGRAM REQUIRED.—The Secretary of Energy, 

14 acting through the Administrator for Nuclear Security and 

15 in consultation with the Secretary of Defense, shall carry 

16 out a program, to be known as the stockpile management 

17 program, to provide for the effective management of the 

18 weapons in the nuclear weapons stockpile (including any 

19 weapon proposed to be added to the stockpile). The program 

20 shall have the following objectives: 

21 ‘‘(1) To increase the reliability, safety, and secu22 rity of the nuclear weapons stockpile of the United 

23 States. 

24 ‘‘(2) To further reduce the likelihood of the re25 sumption of underground nuclear weapons testing. 


tjames on PRODPC75 with BILLS
625 

•HR 2647 RH

1 ‘‘(3) To achieve reductions in the future size of 

2 the nuclear weapons stockpile. 

3 ‘‘(4) To reduce the risk of an accidental detona4 tion of an element of the stockpile. 

5 ‘‘(5) To reduce the risk of an element of the 

6 stockpile being used by a person or entity hostile to 

7 the United States, its vital interests, or its allies. 

8 ‘‘(b) PROGRAM BUDGET.—For each budget submitted 

9 by the President to Congress under section 1105 of title 31, 

10 United States Code, the amounts requested for the program 

11 shall be clearly identified in the budget justification mate12 rials submitted to Congress in support of that budget. 

13 ‘‘(c) PROGRAM LIMITATIONS.—In carrying out the 

14 stockpile management program under subsection (a), the 

15 Secretary shall ensure that— 

16 ‘‘(1) any changes made to the stockpile shall be 

17 made to achieve the objectives identified in subsection 

18 (a); and 

19 ‘‘(2) any such changes made to the stockpile 

20 shall— 

21 ‘‘(A) remain consistent with basic design 

22 parameters by including, to the maximum extent 

23 feasible, components that are well understood or 

24 are certifiable without the need to resume under25 ground nuclear weapons testing; and 


tjames on PRODPC75 with BILLS
626 

•HR 2647 RH

1 ‘‘(B) use the design, certification, and pro2 duction expertise resident in the nuclear complex 

3 to fulfill current mission requirements of the ex4 isting stockpile.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents in 

6 section 4001(b) of such Act (division D of Public Law 107- 

7 314; 50 U.S.C. 2501 note) is amended by striking the items 

8 relating to sections 4204 and 4204A and inserting the fol9 lowing new item: 

‘‘Sec. 4204. Stockpile management program.’’. 

10 SEC. 3113. PLAN FOR EXECUTION OF STOCKPILE STEWARD11 SHIP AND STOCKPILE MANAGEMENT PRO12 GRAMS. 

13 (a) PLAN.—Section 4203 of the Atomic Energy Defense 

14 Act (division D of Public Law 107–314; 50 U.S.C. 2523) 

15 is amended to read as follows: 

16 ‘‘SEC. 4203. PLAN FOR EXECUTION OF STOCKPILE STEW17 ARDSHIP AND STOCKPILE MANAGEMENT 

18 PROGRAMS. 

19 ‘‘(a) PLAN REQUIREMENT.—The Secretary of Energy, 

20 acting through the Administrator for Nuclear Security, 

21 shall develop and annually update a plan for maintaining 

22 the nuclear weapons stockpile. The plan shall cover, at a 

23 minimum, stockpile stewardship, stockpile management, 

24 and program direction and shall be consistent with the proVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
627 

•HR 2647 RH

1 grammatic and technical requirements of the most recent 

2 annual Nuclear Weapons Stockpile Memorandum. 

3 ‘‘(b) PLAN ELEMENTS.—The plan and each update of 

4 the plan shall set forth the following: 

5 ‘‘(1) The number of warheads (including active 

6 and inactive warheads) for each warhead type in the 

7 nuclear weapons stockpile. 

8 ‘‘(2) The current age of each warhead type, and 

9 any plans for stockpile lifetime extensions and modi10 fications or replacement of each warhead type. 

11 ‘‘(3) The process by which the Secretary of En12 ergy is assessing the lifetime and requirements for 

13 maintenance of the nuclear and nonnuclear compo14 nents of the warheads (including active and inactive 

15 warheads) in the nuclear weapons stockpile. 

16 ‘‘(4) The process used in recertifying the safety, 

17 security, and reliability of each warhead type in the 

18 nuclear weapons stockpile without the use of nuclear 

19 testing. 

20 ‘‘(5) Any concerns which would affect the ability 

21 of the Secretary of Energy to recertify the safety, secu22 rity, or reliability of warheads in the nuclear weap23 ons stockpile (including active and inactive war24 heads). 


tjames on PRODPC75 with BILLS
628 

•HR 2647 RH

1 ‘‘(c) ASSESSMENT.—In addition to the elements de2 scribed under subsection (b), the plan and each update of 

3 the plan shall include a joint assessment of the stockpile 

4 stewardship program by the heads of the national security 

5 laboratories. Each assessment shall set forth the following: 

6 ‘‘(1) An identification and description of— 

7 ‘‘(A) any key technical challenges to the 

8 program; and 

9 ‘‘(B) the strategies to address such chal10 lenges without the use of nuclear testing. 

11 ‘‘(2) A strategy for using the science-based tools 

12 (including advanced simulation and computing capa13 bilities) of each national security laboratory to ensure 

14 that the nuclear weapons stockpile is safe, secure, and 

15 reliable without the use of nuclear testing. 

16 ‘‘(3) An assessment of the science-based tools (in17 cluding advanced simulation and computing capa18 bilities) of each national security laboratory that exist 

19 at the time of the plan compared with the science20 based tools expected to exist during the period covered 

21 by the future-years nuclear security program. 

22 ‘‘(4) Clear and specific criteria for judging 

23 whether the science-based tools being used by the De24 partment of Energy for determining the safety and 

25 reliability of the nuclear weapons stockpile are perVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
629 

•HR 2647 RH

1 forming in a manner that will provide an adequate 

2 degree of certainty that the stockpile is safe and reli3 able. 

4 ‘‘(5) An assessment of the core scientific and 

5 technical competencies required to achieve the objec6 tives of the stockpile stewardship program and other 

7 weapons and weapons-related activities of the Depart8 ment of Energy, including— 

9 ‘‘(A) the number of scientists, engineers, 

10 and technicians, by discipline, required to main11 tain such competencies; and 

12 ‘‘(B) a description of any shortage of such 

13 individuals that exists at the time of the plan 

14 compared with any shortage expected to exist 

15 during the period covered by the future-years nu16 clear security program. 

17 ‘‘(d) REPORTS TO CONGRESS.—Not later than Feb18 ruary 1 of each year, beginning with February 1, 2010, 

19 the Secretary of Energy shall submit to the congressional 

20 defense committees a report describing the plan required by 

21 subsection (a). 

22 ‘‘(e) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘future-years nuclear security pro24 gram’ means the program required by section 3253 of 


tjames on PRODPC75 with BILLS
630 

•HR 2647 RH

1 the National Nuclear Security Administration Act 

2 (50 U.S.C. 2453). 

3 ‘‘(2) The term ‘national security laboratory’ has 

4 the meaning given such term in section 3281 of the 

5 National Nuclear Security Administration Act (50 

6 U.S.C. 2471). 

7 ‘‘(3) The term ‘weapons activities’ means each 

8 activity within the budget category of weapons activi9 ties in the budget of the National Nuclear Security 

10 Administration. 

11 ‘‘(4) The term ‘weapons–related activities’ means 

12 each activity under the Department of Energy that 

13 involves nuclear weapons, nuclear weapons tech14 nology, or fissile or radioactive materials, including 

15 activities related to— 

16 ‘‘(A) nuclear non-proliferation; 

17 ‘‘(B) nuclear forensics; 

18 ‘‘(C) nuclear intelligence; 

19 ‘‘(D) nuclear safety; and 

20 ‘‘(E) nuclear incident response.’’. 

21 (b) CLERICAL AMENDMENT.—The item relating to sec22 tion 4203 in the table of contents for such Act is amended 

23 to read as follows: 

‘‘Sec. 4203. Plan for execution of stockpile stewardship and stockpile management 

programs.’’. 


tjames on PRODPC75 with BILLS
631 

•HR 2647 RH

1 (c) CONFORMING REPEAL.—Section 4202 of the Atom2 ic Energy Defense Act (division D of Public Law 107–314; 

3 50 U.S.C. 2522) is repealed. 

4 SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS AS5 SESSMENT AND CERTIFICATION. 

6 (a) DUAL VALIDATION.— 

7 (1) IN GENERAL.—Section 4205 of the Atomic 

8 Energy Defense Act (division D of Public Law 107– 

9 314; 50 U.S.C. 2525) is amended— 

10 (A) by redesignating subsections (c) through 

11 (h) as subsections (d) through (i), respectively; 

12 and 

13 (B) by inserting after subsection (b) the fol14 lowing new subsection (c): 

15 ‘‘(c) DUAL VALIDATION TEAMS IN SUPPORT OF AS16 SESSMENTS.—In support of the assessments required by 

17 subsection (a), the Administrator for Nuclear Security shall 

18 establish teams, known as ‘dual validation teams’, to pro19 vide Lawrence Livermore National Laboratory and Los Al20 amos National Laboratory with independent evaluations of 

21 the condition of each warhead for which such laboratory 

22 has lead responsibility. Each such team shall— 

23 ‘‘(1) be comprised of weapons experts from the 

24 laboratory that does not have lead responsibility for 

25 fielding the warhead being evaluated; 


tjames on PRODPC75 with BILLS
632 

•HR 2647 RH

1 ‘‘(2) have access to all surveillance and under2 ground test data for all stockpile systems for use in 

3 the independent evaluations; 

4 ‘‘(3) use all relevant available data to conduct 

5 independent calculations; and 

6 ‘‘(4) pursue independent experiments to support 

7 the independent evaluations.’’. 

8 (2) PLAN.—Not later than March 1, 2010, the 

9 Administrator for Nuclear Security shall submit to 

10 the congressional defense committees a plan (includ11 ing a schedule) to carry out subsection (c) of section 

12 4205 of such Act, as added by paragraph (1) of this 

13 subsection. 

14 (b) RED TEAM REVIEWS.—Subsection (d)(1) of such 

15 section, as redesignated by subsection (a)(1)(A) of this sec16 tion, is amended— 

17 (1) by inserting ‘‘both’’ after ‘‘review’’; and 

18 (2) by inserting after ‘‘that laboratory’’ the fol19 lowing: ‘‘and the independent evaluations conducted 

20 by a dual validation team under subsection (c)’’. 

21 (c) SUMMARY.—Subsection (e)(3) of such section, as re22 designated by subsection (a)(1)(A) of this section, is amend23 ed— 

24 (1) in subparagraph (B), by striking ‘‘and’’ at 

25 the end; 


tjames on PRODPC75 with BILLS
633 

•HR 2647 RH

1 (2) in subparagraph (C), by striking the period 

2 and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(D) a concise summary of the results of 

6 any independent evaluation conducted by a dual 

7 validation team under subsection (c).’’. 

8 (d) CONFORMING AMENDMENTS.—Such section is fur9 ther amended— 

10 (1) in paragraph (3)(C) of subsection (e), as re11 designated by subsection (a)(1)(A) of this section, by 

12 striking ‘‘subsection (c)’’ and inserting ‘‘subsection 

13 (d)’’; 

14 (2) in paragraph (1)(A) of subsection (f), as re15 designated by subsection (a)(1)(A) of this section, by 

16 striking ‘‘subsection (d)’’ and inserting ‘‘subsection 

17 (e)’’; 

18 (3) in subsection (g), as redesignated by sub19 section (a)(1)(A) of this section, by striking ‘‘sub20 section (e)’’ and inserting ‘‘subsection (f)’’; and 

21 (4) in subsection (i), as redesignated by sub22 section (a)(1)(A) of this section— 

23 (A) in paragraph (1), by striking ‘‘sub24 section (d)’’ and inserting ‘‘subsection (e)’’; and 


tjames on PRODPC75 with BILLS
634 

•HR 2647 RH

1 (B) in paragraph (2), by striking ‘‘sub2 section (e)’’ and inserting ‘‘subsection (f)’’. 

3 SEC. 3115. ANNUAL LONG-TERM PLAN FOR THE MOD4 ERNIZATION AND REFURBISHMENT OF THE 

5 NUCLEAR SECURITY COMPLEX. 

6 (a) POLICY.—It is the policy of the United States that 

7 sustainment, modernization, and refurbishment of the nu8 clear security complex is mandatory for maintaining the 

9 future viability of the United States nuclear deterrent and 

10 a prerequisite for any reductions to the nuclear weapons 

11 stockpile of the United States. 

12 (b) GENERAL REQUIREMENT.—Subtitle D of the Na13 tional Nuclear Security Administration Act (50 U.S.C. 

14 2451 et seq.) is amended by adding at the end the following 

15 new section: 

16 ‘‘SEC. 3255. BUDGETING FOR MODERNIZATION AND REFUR17 BISHMENT OF THE NUCLEAR SECURITY COM18 PLEX: ANNUAL PLAN AND CERTIFICATION. 

19 ‘‘(a) ANNUAL NUCLEAR SECURITY COMPLEX MOD20 ERNIZATION AND REFURBISHMENT PLAN AND CERTIFI21 CATION.—The Administrator for Nuclear Security shall in22 clude with the nuclear security budget materials for each 

23 fiscal year— 


tjames on PRODPC75 with BILLS
635 

•HR 2647 RH

1 ‘‘(1) a plan for the modernization and refurbish2 ment of the nuclear security complex developed in ac3 cordance with this section; and 

4 ‘‘(2) a certification by the Administrator that 

5 both the budget for that fiscal year and the future6 years nuclear security program submitted to Congress 

7 in relation to such budget under section 3253 provide 

8 for funding of the nuclear security complex at a level 

9 that is sufficient for the modernization and refurbish10 ment of the nuclear security complex provided for in 

11 the plan under paragraph (1) on the schedule pro12 vided in the plan. 

13 ‘‘(b) ANNUAL NUCLEAR SECURITY COMPLEX MOD14 ERNIZATION AND REFURBISHMENT PLAN.—(1) The annual 

15 nuclear security complex modernization and refurbishment 

16 plan developed for a fiscal year for purposes of subsection 

17 (a)(1) should be designed so that the nuclear security com18 plex provided for under that plan is capable of sup19 porting— 

20 ‘‘(A) the National Security Strategy of the 

21 United States as set forth in the most recent na22 tional security strategy report of the President 

23 under section 108 of the National Security Act 

24 of 1947 (50 U.S.C. 404a), except that, if at the 

25 time such plan is submitted with the nuclear seVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00635 Fmt 6652 Sfmt 6203 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS
636 

•HR 2647 RH

1 curity budget materials for that fiscal year, a 

2 national security strategy report required under 

3 such section 108 has not been submitted to Con4 gress as required by paragraph (2) or paragraph 

5 (3), if applicable, of subsection (a) of such sec6 tion, then such annual plan should be designed 

7 so that the nuclear security complex moderniza8 tion and refurbishment provided for under that 

9 plan is capable of supporting the nuclear secu10 rity complex recommended in the report of the 

11 most recent Quadrennial Defense Review; and 

12 ‘‘(B) the nuclear posture of the United 

13 States as set forth in the most recent Nuclear 

14 Posture Review. 

15 ‘‘(2) Each such nuclear security complex mod16 ernization and refurbishment plan shall include the 

17 following: 

18 ‘‘(A) A detailed program with schedule and 

19 associated funding for the modernization and re20 furbishment of the nuclear security complex for 

21 the National Nuclear Security Administration 

22 over the next 30 fiscal years. 

23 ‘‘(B) A description of the necessary mod24 ernization and refurbishment measures to meet 

25 the requirements of the national security strategy 


tjames on PRODPC75 with BILLS
637 

•HR 2647 RH

1 of the United States or the most recent Quadren2 nial Defense Review, whichever is applicable 

3 under paragraph (1), and the Nuclear Posture 

4 Review. 

5 ‘‘(C) The estimated levels of annual funding 

6 necessary to carry out the program, together with 

7 a discussion of the implementation strategies on 

8 which such estimated levels of annual funding 

9 are based. 

10 ‘‘(c) ASSESSMENT WHEN NUCLEAR SECURITY COM11 PLEX MODERNIZATION AND REFURBISHMENT BUDGET IS

12 INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.—If 

13 the budget for a fiscal year provides for funding of the mod14 ernization and refurbishment of the nuclear security com15 plex at a level that is not sufficient to sustain the require16 ments specified in the plan for that fiscal year under sub17 section (a), the Administrator shall include with the nuclear 

18 security budget materials for that fiscal year an assessment 

19 that describes and discusses the risks and implications asso20 ciated with the ability of the nuclear security complex to 

21 support the annual certification of the nuclear stockpile of 

22 the United States and maintain its long-term safety, secu23 rity, and reliability. Such assessment shall be coordinated 

24 in advance with the Secretary of Defense and the Com25 mander of the United States Strategic Command. 


tjames on PRODPC75 with BILLS
638 

•HR 2647 RH

1 ‘‘(d) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘nuclear security complex’ means 

3 the physical facilities, technology, and human capital 

4 of— 

5 ‘‘(A) the national security laboratories; 

6 ‘‘(B) the Pantex Plant; 

7 ‘‘(C) the Y–12 National Security Complex; 

8 ‘‘(D) the Kansas City Plant; 

9 ‘‘(E) the Savannah River Site; and 

10 ‘‘(F) the Nevada test site. 

11 ‘‘(2) The term ‘budget’ with respect to a fiscal 

12 year, means the budget for that fiscal year that is 

13 submitted to Congress by the President under section 

14 1105(a) of title 31. 

15 ‘‘(3) The term ‘nuclear security budget mate16 rials’, with respect to a fiscal year, means the mate17 rials submitted to Congress by the Administrator for 

18 Nuclear Security in support of the budget for that fis19 cal year. 

20 ‘‘(4) The term ‘Quadrennial Defense Review’ 

21 means the review of the defense programs and policies 

22 of the United States that is carried out every four 

23 years under section 118 of title 10, United States 

24 Code.’’. 


tjames on PRODPC75 with BILLS
639 

•HR 2647 RH

1 (c) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of the National Nuclear Security Administra3 tion Act is amended by inserting after the item relating 

4 to section 3254 the following new item: 

‘‘3255. Budgeting for modernization and refurbishment of the nuclear security 

complex: annual plan and certification.’’. 

5 Subtitle C—Reports 

6 SEC. 3121. COMPTROLLER GENERAL REVIEW OF MANAGE7 MENT AND OPERATIONS CONTRACT COSTS 

8 FOR NATIONAL SECURITY LABORATORIES. 

9 (a) REVIEW REQUIRED.—The Comptroller General 

10 shall review the effects of the contracts entered into by the 

11 Department of Energy in 2006 and 2007 that provide for 

12 the management and operations of the covered national lab13 oratories. The review shall include the following: 

14 (1) A detailed description of the costs related to 

15 the transition from the period when the management 

16 and operations of the covered national laboratories 

17 were performed by the University of California to the 

18 period when such management and operations were 

19 performed by a covered contractor, including— 

20 (A) a description of any continuing dif21 ferences in the cost structure of the management 

22 and operations when performed by the Univer23 sity of California and the cost structure of the 


tjames on PRODPC75 with BILLS
640 

•HR 2647 RH

1 management and operations when performed by 

2 a covered contractor; and 

3 (B) an assessment of the effect of such cost 

4 differences on the resources available to support 

5 scientific and technical programs at the covered 

6 national laboratories. 

7 (2) A quantitative assessment of the ability of 

8 the covered national laboratories to perform other im9 portant laboratory functions, including safety, secu10 rity, and environmental management. 

11 (b) REPORT.—Not later than March 1, 2010, the 

12 Comptroller General shall submit to the congressional de13 fense committees a report on the results of the review. 

14 (c) DEFINITIONS.—In this section: 

15 (1) The term ‘‘covered contractor’’ means— 

16 (A) with respect to Los Alamos National 

17 Laboratory, Los Alamos National Security, LLC; 

18 and 

19 (B) with respect to Lawrence Livermore Na20 tional Laboratory, Lawrence Livermore National 

21 Security, LLC. 

22 (2) The term ‘‘covered national laboratories’’ 

23 means— 

24 (A) the Los Alamos National Laboratory; 

25 and 


tjames on PRODPC75 with BILLS
641 

•HR 2647 RH

1 (B) the Lawrence Livermore National Lab2 oratory. 

3 SEC. 3122. PLAN TO ENSURE CAPABILITY TO MONITOR, 

4 ANALYZE, AND EVALUATE FOREIGN NUCLEAR 

5 WEAPONS ACTIVITIES. 

6 (a) PLAN.—The Secretary of Energy, in consultation 

7 with the Director of National Intelligence and the Secretary 

8 of Defense, shall prepare a plan to ensure that the national 

9 laboratories overseen by the Department of Energy main10 tain a robust technical capability to monitor, analyze, and 

11 evaluate foreign nuclear weapons activities. 

12 (b) REPORT.—Not later than February 28, 2010, the 

13 Secretary of Energy shall submit a report to the appro14 priate committees of Congress describing the plan required 

15 under subsection (a) and the resources necessary to imple16 ment the plan. The report shall be in unclassified form, but 

17 may include a classified annex. 

18 (c) APPROPRIATE COMMITTEES.—For purposes of this 

19 section, the appropriate committees of Congress are the fol20 lowing: 

21 (1) the Committee on Armed Services, the Com22 mittee on Appropriations, and the Permanent Select 

23 Committee on Intelligence of the House of Representa24 tives; and 


tjames on PRODPC75 with BILLS
642 

•HR 2647 RH

1 (2) the Committee on Armed Services, the Com2 mittee on Appropriations, and the Select Committee 

3 on Intelligence of the Senate. 

4 TITLE XXXII—DEFENSE NU5 CLEAR FACILITIES SAFETY 

6 BOARD 

Sec. 3201. Authorization. 

7 SEC. 3201. AUTHORIZATION. 

8 There are authorized to be appropriated for fiscal year 

9 2010, $26,086,000 for the operation of the Defense Nuclear 

10 Facilities Safety Board under chapter 21 of the Atomic En11 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

12 TITLE XXXIV—NAVAL 

13 PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

14 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) AMOUNT.—There are hereby authorized to be ap16 propriated to the Secretary of Energy $23,627,000 for fiscal 

17 year 2010 for the purpose of carrying out activities under 

18 chapter 641 of title 10, United States Code, relating to the 

19 naval petroleum reserves. 

20 (b) PERIOD OF AVAILABILITY.—Funds appropriated 

21 pursuant to the authorization of appropriations in sub22 section (a) shall remain available until expended. 


tjames on PRODPC75 with BILLS
643 

•HR 2647 RH

1 TITLE XXXV—MARITIME 

2 ADMINISTRATION 

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

Sec. 3502. Liquidation of unused leave balance at the United States Merchant 

Marine Academy. 

Sec. 3503. Adjunct professors. 

Sec. 3504. Maritime loan guarantee program. 

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

Fleet vessels. 

Sec. 3506. Technical corrections to State maritime academies student incentive 

program. 

Sec. 3507. Limitation on disposal of interest in certain vessels. 

3 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS4 CAL YEAR 2010. 

5 Funds are hereby authorized to be appropriated for fis6 cal year 2010, to be available without fiscal year limitation 

7 if so provided in appropriations Acts, for the use of the De8 partment of Transportation for the Maritime Administra9 tion as follows: 

10 (1) For expenses necessary for operations and 

11 training activities, $152,900,000, of which— 

12 (A) $15,391,000 shall remain available 

13 until expended for capital improvements at the 

14 United States Merchant Marine Academy; 

15 (B) $11,240,000 shall remain available 

16 until expended for maintenance and repair of 

17 training ships of the State Maritime Academies; 

18 and 


tjames on PRODPC75 with BILLS
644 

•HR 2647 RH

1 (C) $53,208,000 shall be available for oper2 ations at the United States Merchant Marine 

3 Academy. 

4 (2) For expenses to maintain a preserve a 

5 United States-flag merchant fleet to serve the national 

6 security needs of the United States under chapter 531 

7 of title 46, United States Code, $174,000,000. 

8 (3) For expenses to dispose of obsolete vessels in 

9 the National Defense Reserve Fleet, $15,000,000. 

10 (4) For the cost (as defined in section 502(5) of 

11 the Federal Credit Reform Act of 1990 (2 U.S.C. 

12 661a(5)) of loan guarantees under the program au13 thorized by chapter 537 of title 46, United States 

14 Code, $60,000,000. 

15 SEC. 3502. LIQUIDATION OF UNUSED LEAVE BALANCE AT 

16 THE UNITED STATES MERCHANT MARINE 

17 ACADEMY. 

18 The Maritime Administrator may, subject to the avail19 ability of appropriations, make a lump-sum payment for 

20 the accumulated balance of unused leave to any former em21 ployee of a United States Merchant Marine Academy non22 appropriated fund instrumentality who was terminated 

23 from such employment in 2009 or whose position as such 

24 an employee was converted to the Civil Service in 2009 

25 under authority granted by section 3506 of the Duncan 


tjames on PRODPC75 with BILLS
645 

•HR 2647 RH

1 Hunter National Defense Authorization Act for fiscal year 

2 2009 (Public Law 110–417; 122 Stat. 4356). 

3 SEC. 3503. ADJUNCT PROFESSORS. 

4 Section 3506 of the Duncan Hunter National Defense 

5 Authorization Act for Fiscal Year 2009 (Public Law 110- 

6 417; 122 Stat. 4356) is amended— 

7 (1) in subsection (a), by striking ‘‘temporary’’; 

8 (2) in subsection (b), by inserting ‘‘and’’ after 

9 the semicolon at the end of paragraph (1), by striking 

10 ‘‘; and’’ at the end of paragraph (2) and inserting a 

11 period, and by striking paragraph (3); and 

12 (3) by striking subsection (d) and inserting the 

13 following: 

14 ‘‘(d) REPORTING REQUIREMENTS.—When the author15 ity granted by subsection (a) is used to hire an adjunct 

16 professor at the Academy, the Administrator shall notify 

17 the Committee on Armed Services of the House of Represent18 atives and the Committee on Commerce, Science, and 

19 Transportation of the Senate, including the need for and 

20 the term of employment of the adjunct professor.’’. 

21 SEC. 3504. MARITIME LOAN GUARANTEE PROGRAM. 

22 The Congress finds that— 

23 (1) it is in the national security interest of the 

24 United States to foster commercial shipbuilding in 

25 the United States; 


tjames on PRODPC75 with BILLS
646 

•HR 2647 RH

1 (2) the maritime loan guarantee program au2 thorized by chapter 537 or title 46, United States 

3 Code, has a long and successful history of facilitating 

4 construction of commercial vessels in domestic ship5 yards; 

6 (3) the Maritime Loan Guarantee Program 

7 strengthens our Nation’s industrial base allowing do8 mestic shipyards and their allied service and supply 

9 industries to more effectively produce commercial ves10 sels that enhance the commercial sealift capability of 

11 the Department of Defense; and 

12 (4) a revitalized and effective Maritime Loan 

13 Guarantee Program would result in construction of a 

14 more modern and more numerous fleet of commercial 

15 vessels manned by United States citizens, thereby pro16 viding a pool of trained United States citizen mari17 ners available to assist the Department of Defense in 

18 times of war or national emergency. 

19 SEC. 3505. DEFENSE MEASURES AGAINST UNAUTHORIZED 

20 SEIZURES OF MARITIME SECURITY FLEET 

21 VESSELS. 

22 Section 53107(b) of title 46, United States Code, is 

23 amended by adding at the end the following new paragraph: 

24 ‘‘(3) DEFENSE MEASURES AGAINST UNAUTHOR25 IZED SEIZURES.—(A) The Emergency Preparedness 


tjames on PRODPC75 with BILLS
647 

•HR 2647 RH

1 Agreement for any operating agreement that first 

2 takes effect or is renewed after the date of enactment 

3 of the National Defense Authorization Act for Fiscal 

4 Year 2010 shall require that any vessel operating 

5 under the agreement in hazardous carriage shall be 

6 equipped with appropriate non-lethal defense meas7 ures to protect the vessel, crew, and cargo from unau8 thorized seizure at sea. 

9 ‘‘(B) In this paragraph the term ‘hazardous car10 riage’ means the carriage of cargo for the Department 

11 of Defense in an area that is designated by the Coast 

12 Guard or the International Maritime Bureau of the 

13 International Chamber Of Commerce as an area of 

14 high risk of piracy.’’. 

15 SEC. 3506. TECHNICAL CORRECTIONS TO STATE MARITIME 

16 ACADEMIES STUDENT INCENTIVE PROGRAM. 

17 (a) INSTALLMENT PAYMENTS.—Section 51509(b) of 

18 title 46, United States Code, is amended— 

19 (1) by striking ‘‘and be paid before the start of 

20 each academic year, as prescribed by the Secretary,’’ 

21 and inserting ‘‘and be paid in such installments as 

22 the Secretary shall determine’’; 

23 (2) by striking ‘‘academy.’’ and inserting ‘‘acad24 emy, as prescribed by the Secretary.’’. 


tjames on PRODPC75 with BILLS
648 

•HR 2647 RH

1 (b) REPEAL OF REDUNDANT SECTION.—Section 177 

2 of division I of Public Law 111–8 (123 Stat. 945; relating 

3 to amendments previously enacted by section 3503 of divi4 sion C of Public Law 110–417 (122 Stat. 4762)) is repealed 

5 and shall have no force or effect. 

6 SEC. 3507. LIMITATION ON DISPOSAL OF INTEREST IN CER7 TAIN VESSELS. 

8 (a) LIMITATION.—If the United States acquires any 

9 financial interest in a covered vessel as a consequence of 

10 a default on a loan guaranteed for the vessel under chapter 

11 537 of title 46, United States Code, no action to dispose 

12 of the financial interest may be taken by the Maritime Ad13 ministrator until 180 days after the date the Maritime Ad14 ministrator notifies the Secretary of the Navy that the 

15 United States has such financial interest. 

16 (b) COVERED VESSEL DEFINED.—In this section the 

17 term ‘‘covered vessel’’ means each of— 

18 (1) the vessel HUAKAI (United States official 

19 number 1215902); and 

20 (2) the vessel ALAKAI (United States official 

21 number 1182234). 

Amend the title so as to read: ‘‘A bill 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.’’. 


tjames on PRODPC75 with BILLS

tjames on PRODPC75 with BILLS
Union Calendar No. 84 

111TH CONGRESS 

1ST SESSION H. R. 2647 

[Report No. 111–166] 

A BILL 

To authorize appropriations for fiscal year 2010 for 

cal year 2010, and for other purposes. to prescribe military personnel strengths for fismilitary activities of the Department of Defense, 

JUNE 18, 2009 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Nov 24 2008 01:23 Jun 19, 2009 Jkt 079200 PO 00000 Frm 00650 Fmt 6651 Sfmt 6651 E:\BILLS\H2647.RH H2647

tjames on PRODPC75 with BILLS