In the Senate of the United States, 

July 23, 2009. 

Resolved, That the bill from the House of Representatives (H.R. 2647) entitled ‘‘An Act to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense 

activities of the Department of Energy, to prescribe military 

personnel strengths for such fiscal year, to provide special 

pays and allowances to certain members of the Armed 

Forces, expand concurrent receipt of military retirement and 

VA disability benefits to disabled military retirees, and for 

other purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2010’’. 
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into seven divi4 sions as follows: 

5 (1) Division A–Department of Defense Author6 izations. 

7 (2) Division B–Military Construction Authoriza8 tions. 

9 (3) Division C–Department of Energy National 

10 Security Authorizations and Other Authorizations. 

11 (4) Division D–Funding Tables. 

12 (5) Division E–Matthew Shepard Hate Crimes 

13 Prevention Act. 

14 (6) Division F–SBIR/STTR Reauthorization. 

15 (7) Division G–Maritime Administration Au16 thorization. 

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

18 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. Funding table. 

Sec. 106. Elimination of F–22A aircraft procurement funding. 
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Subtitle B—Navy Programs 

Sec. 111. Treatment of Littoral Combat Ship program as a major defense acquisition program. 

Sec. 112. Report on strategic plan for homeporting the Littoral Combat Ship. 

Sec. 113. Procurement programs for future naval surface combatants. 

Sec. 114. Report on a service life extension program for Oliver Hazard Perry 

class frigates. 

Sec. 115. Competitive bidding for procurement of steam turbines for ships service 

turbine generators and main propulsion turbines for Ohio-class 

submarine replacement program. 

Subtitle C—Air Force Matters 

Sec. 121. Limitation on retirement of C–5 aircraft. 

Sec. 122. Revised availability of certain funds available for the F–22A fighter 

aircraft. 

Sec. 123. Report on potential foreign military sales of the F–22A fighter aircraft. 

Sec. 124. Next generation bomber aircraft. 

Sec. 125. AC–130 gunships. 

Sec. 126. Report on E–8C Joint Surveillance and Target Attack Radar System 

re-engining. 

Subtitle D—Joint and Multiservice Matters 

Sec. 131. Modification of nature of data link utilizable by tactical unmanned 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 use of funds for an alternative propulsion system for the 

F–35 Joint Strike Fighter program; increase in funding for procurement of UH–1Y/AH–1Z rotary wing aircraft and for management reserves for the F–35 Joint Strike Fighter program. 

Sec. 212. Enhancement of duties of Director of Department of Defense Test Resource Management Center with respect to the Major Range and 

Test Facility Base. 

Sec. 213. Guidance on specification of funding requested for operation, 

sustainment, modernization, and personnel of major ranges and 

test facilities. 

Sec. 214. Permanent authority for the Joint Defense Manufacturing Technology 

Panel. 

Sec. 215. Extension and enhancement of Global Research Watch Program. 

Sec. 216. Three-year extension of authority for prizes for advanced technology 

achievements. 

Sec. 217. Modification of report requirements regarding Defense Science and 

Technology Program. 

Sec. 218. Programs for ground combat vehicle and self propelled howitzer capabilities for the Army. 

Sec. 219. Assessment of technological maturity and integration risk of Army modernization programs. 
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Sec. 220. Assessment of strategy for technology for modernization of the combat 

vehicle and tactical wheeled vehicle fleets. 

Sec. 221. Systems engineering and prototyping program. 

Subtitle C—Missile Defense Programs 

Sec. 241. Sense of Congress on ballistic missile defense. 

Sec. 242. Comprehensive plan for test and evaluation of the Ballistic Missile Defense System. 

Sec. 243. Assessment and plan for the Ground-based Midcourse Defense element 

of the Ballistic Missile Defense System. 

Sec. 244. Report on potential missile defense cooperation with Russia. 

Sec. 245. Continued production of Ground-based Interceptor missile and operation of Missile Field 1 at Fort Greely, Alaska. 

Sec. 246. Sense of Senate on and reservation of funds for development and deployment of missile defense systems in Europe. 

Sec. 247. Extension of deadline for study on boost-phase missile defense. 

Subtitle D—Other Matters 

Sec. 251. Repeal of requirement for biennial joint warfighting science and technology plan. 

Sec. 252. Modification of reporting requirement for defense nanotechnology research and development program. 

Sec. 253. Evaluation of Extended Range Modular Sniper Rifle Systems. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Subtitle B—Environmental Provisions 

Sec. 311. 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. Modification of authority for Army industrial facilities to engage in cooperative activities with non-Army entities. 

Sec. 322. Improvement of inventory management practices. 

Sec. 323. Temporary suspension of authority for public–private competitions. 

Sec. 323A. Public-private competition required before conversion of any department of defense function performed by civilian employees to contractor performance. 

Sec. 323B. Time limitation on duration of public-private competitions. 

Sec. 323C. Termination of certain public-private competitions for conversion of 

department of defense functions to performance by a contractor. 

Sec. 324. Extension of arsenal support program initiative. 

Sec. 325. Modification of date for submittal to Congress of annual report on funding for public and private performance of depot-level maintenance and repair workloads. 

Subtitle D—Energy Provisions 

Sec. 331. Energy security on Department of Defense installations. 
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Sec. 332. Extension and expansion of reporting requirements regarding Department of Defense energy efficiency programs. 

Sec. 333. Alternative Aviation Fuel Initiative. 

Sec. 334. Authorization of appropriations for Director of Operational Energy. 

Sec. 335. Department of Defense participation in programs for management of 

energy demand or reduction of energy usage during peak periods. 

Subtitle E—Reports 

Sec. 341. Study on Army modularity. 

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

Sec. 343. Report on status of Air National Guard and Air Force Reserve. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Additional authority for increases of Army active-duty end strengths for 

fiscal years 2010, 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. Report on trainee account for the Army National Guard. 

Sec. 417. Authority for service Secretary variances for Selected Reserve end 

strengths. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

Sec. 501. Modification of limitations on general and flag officers on active duty. 

Sec. 502. Revisions to annual report requirement on joint officer management. 

Sec. 503. Grade of Legal Counsel to the Chairman of the Joint Chiefs of Staff. 

Sec. 504. Chief and Deputy Chief of Chaplains of the Air Force. 

Subtitle B—Reserve Component Management 

Sec. 511. Report on requirements of the National Guard for non-dual status technicians. 

Subtitle C—Education and Training 

Sec. 521. Grade of commissioned officers in uniformed medical accession programs. 

Sec. 522. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the Health 

Sciences. 
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Sec. 523. Detail of commissioned officers as students at schools of psychology. 

Sec. 524. Air Force Academy Athletic Association. 

Subtitle D—Defense Dependents’ Education Matters 

Sec. 531. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department 

of Defense civilian employees. 

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

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

changes, or force relocations. 

Sec. 534. Permanent authority for enrollment in defense dependents’ education 

system of dependents of foreign military members assigned to 

Supreme Headquarters Allied Powers, Europe. 

Sec. 535. Study on options for educational opportunities for dependent children 

of members of the Armed Forces who do not attend Department 

of Defense dependents schools. 

Sec. 536. Sense of Senate on the Interstate Compact on Educational Opportunity 

for Military Children. 

Sec. 537. Comptroller General audit of assistance to local educational agencies for 

dependent children of members of the Armed Forces. 

Sec. 538. Authority to extend eligibility for enrollment in Department of Defense 

elementary and secondary schools to certain additional categories of dependents. 

Subtitle E—Military Justice and Legal Assistance Matters 

Sec. 541. Independent review of judge advocate requirements of the Department 

of the Navy. 

Subtitle F—Military Family Readiness Matters 

Sec. 551. Additional members on the Department of Defense Military Family 

Readiness Council. 

Sec. 552. Comprehensive plan on prevention, diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders 

in the Armed Forces. 

Sec. 553. Military community support for children with autism and their families. 

Sec. 554. Reports on effects of deployments on military children and the availability of mental health care and counseling services for military 

children. 

Sec. 555. Report on child custody litigation involving service of members of the 

Armed Forces. 

Sec. 556. Sense of Senate on preparation and coordination of Family Care Plans. 

Sec. 557. Expansion of suicide prevention and community healing and response 

training under the Yellow Ribbon Reintegration Program. 

Sec. 558. Report on Yellow Ribbon Reintegration Program. 

Sec. 559. Improved access to mental health care for family members of members 

of the National Guard and Reserve who are deployed overseas. 

Sec. 560. Full access to mental health care for family members of members of the 

National Guard and Reserve who are deployed overseas. 

Sec. 561. Comptroller General report on child care assistance for deployed members of the reserve components of the Armed Forces. 
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Subtitle G—Other Matters 

Sec. 571. Deadline for report on sexual assault in the Armed Forces by Defense 

Task Force on Sexual Assault in the Military Services. 

Sec. 572. Clarification of performance policies for military musical units and 

musicians. 

Sec. 573. Guarantee of residency for spouses of military personnel for voting purposes. 

Sec. 574. Determination for tax purposes of residence of spouses of military personnel. 

Sec. 575. Suspension of land rights residency requirement for spouses of military 

personnel. 

Sec. 576. Modification of Department of Defense share of expenses under National 

Guard Youth Challenge Program. 

Sec. 577. Provision to members of the Armed Forces and their families of comprehensive information on benefits for members of the Armed 

Forces and their families. 

Subtitle H—Military Voting 

Sec. 581. Short title. 

Sec. 582. Findings. 

Sec. 583. Clarification regarding delegation of State responsibilities. 

Sec. 584. Establishment of procedures for absent uniformed services voters and 

overseas voters to request and for states to send voter registration 

applications and absentee ballot applications by mail and electronically. 

Sec. 585. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and overseas voters. 

Sec. 586. Ensuring absent uniformed services voters and overseas voters have time 

to vote. 

Sec. 587. Procedures for Collection and Delivery of Marked Absentee Ballots of 

Absent Overseas Uniformed Services Voters. 

Sec. 588. Federal write-in absentee ballot. 

Sec. 589. Prohibiting refusal to accept voter registration and absentee ballot applications, marked absentee ballots, and federal write-in absentee 

ballots for failure to meet certain requirements. 

Sec. 590. Federal Voting Assistance Program Improvements. 

Sec. 591. Development of standards for reporting and storing certain data. 

Sec. 592. Repeal of provisions relating to use of single application for all subsequent elections. 

Sec. 593. Reporting requirements. 

Sec. 594. Annual report on enforcement. 

Sec. 595. Requirements payments. 

Sec. 596. Technology pilot 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. Comptroller General of the United States comparative assessment of 

military and private-sector pay and benefits. 

Sec. 603. Increase in maximum monthly amount of supplemental subsistence allowance for low-income members with dependents. 
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Sec. 604. Benefits under Post-Deployment/Mobilization Respite Absence program 

for certain periods before implementation of program. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. Extension of certain bonus and special pay authorities for Reserve 

forces. 

Sec. 612. Extension of certain bonus and special pay authorities for health care 

professionals. 

Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. Extension of authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities. 

Sec. 615. Extension of authorities relating to payment of other title 37 bonuses 

and special pays. 

Sec. 616. Extension of authorities relating to payment of referral bonuses. 

Sec. 617. Special compensation for members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living. 

Sec. 618. Temporary authority for monthly special pay for members of the Armed 

Forces subject to continuing active duty or service under stoploss authorities. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Travel and transportation allowances for designated individuals of 

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

duration of inpatient treatment. 

Sec. 632. Travel and transportation allowances for non-medical attendants of seriously wounded, ill, or injured members of the uniformed services. 

Sec. 633. Travel and transportation allowances for members of the reserve components of the Armed Forces on leave for suspension of training. 

Sec. 634. Reimbursement of travel expenses of members of the Armed Forces on 

active duty and their dependents for travel for specialty care 

under exceptional circumstances. 

Sec. 635. Travel and transportation for survivors of deceased members of the uniformed services to attend memorial ceremonies. 

Subtitle D—Other Matters 

Sec. 651. Authority to continue provision of incentives after termination of temporary Army authority to provide additional recruitment incentives. 

Sec. 652. Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation. 

Sec. 653. Sense of Congress on airfares for members of the Armed Forces. 

Sec. 654. Continuation on active duty of reserve component members during 

physical disability evaluation following mobilization and deployment. 

Sec. 655. Use of local residences for community-based care for certain reserve 

component members. 

Sec. 656. Assistance with transitional benefits. 

Sec. 657. Report on recruitment and retention of members of the Air Force in nuclear career fields. 

Sec. 658. Sense of Congress on establishment of flexible spending arrangements for 

the uniformed services. 
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Sec. 659. Treatment as active service for retired pay purposes of service as member of Alaska Territorial Guard during World War II. 

Sec. 660. Inclusion of service after September 11, 2001, in determination of reduced eligibility age for receipt of non-regular service retired 

pay. 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program 

Sec. 701. TRICARE Standard coverage for certain members of the Retired Reserve, and family members, who are qualified for a non-regular 

retirement but are not yet age 60. 

Sec. 702. Expansion of eligibility of survivors under the TRICARE dental program. 

Sec. 703. Constructive eligibility for TRICARE benefits of certain persons otherwise ineligible under retroactive determination of entitlement to 

Medicare part A hospital insurance benefits. 

Sec. 704. Reform and improvement of the TRICARE program. 

Sec. 705. Comptroller General of the United States report on implementation of 

requirements on the relationship between the TRICARE program and employer-sponsored group health plans. 

Sec. 706. Sense of the Senate on health care benefits and costs for members of the 

Armed Forces and their families. 

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

under Medicare part B. 

Subtitle B—Other Health Care Benefits 

Sec. 711. Mental health assessments for members of the Armed Forces deployed in 

connection with a contingency operation. 

Sec. 712. Enhancement of transitional dental care for members of the reserve 

components on active duty for more than 30 days in support of 

a contingency operation. 

Sec. 713. Reduction of minimum distance of travel for reimbursement of covered 

beneficiaries of the military health care system for travel for specialty health care. 

Sec. 714. Report on post-deployment health assessments of Guard and Reserve 

members. 

Subtitle C—Health Care Administration 

Sec. 721. Comprehensive policy on pain management by the military health care 

system. 

Sec. 722. Plan to increase the behavioral health capabilities of the Department of 

Defense. 

Sec. 723. Department of Defense study on management of medications for physically and psychologically wounded members of the Armed 

Forces. 

Sec. 724. Prescription of antidepressants for troops serving in Iraq and Afghanistan. 

Subtitle D—Wounded Warrior Matters 

Sec. 731. Pilot program for the provision of cognitive rehabilitative therapy services under the TRICARE program. 
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Sec. 732. Department of Defense Task Force on the Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the 

Armed Forces. 

Sec. 733. Report on use of alternative therapies in treatment of post-traumatic 

stress disorder. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

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

Limitations 

Sec. 801. Contract authority for advanced development of prototype units. 

Sec. 802. Justification and approval of sole-source contracts. 

Subtitle B—Acquisition Policy and Management 

Sec. 811. Reporting requirements for programs that qualify as both major automated information system programs and major defense acquisition programs. 

Sec. 812. Funding of Department of Defense Acquisition Workforce Development 

Fund. 

Sec. 813. Enhancement of expedited hiring authority for defense acquisition workforce positions. 

Sec. 814. Treatment of non-Defense Agency procurements under joint programs 

with the Department of Defense under limitations on non-Defense Agency procurements on behalf of the Department of Defense. 

Sec. 815. Comptroller General of the United States report on training of acquisition and audit personnel of the Department of Defense. 

Subtitle C—Contractor Matters 

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

data belonging to prime contractors. 

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

Sec. 823. Prohibition on interrogation of detainees by contractor personnel. 

Sec. 824. Modifications to database for Federal agency contract and grant officers 

and suspension and debarment officials. 

Subtitle D—Other Matters 

Sec. 831. Enhanced authority to acquire products and services produced in Central Asia, Pakistan, and the South Caucasus. 

Sec. 832. Small arms production industrial base matters. 

Sec. 833. Extension of SBIR and STTR programs of the Department of Defense. 

Sec. 834. Expansion and permanent authority for small business innovation research commercialization program. 

Sec. 835. Measures to ensure the safety of facilities, infrastructure, and equipment 

for military operations. 

Sec. 836. Repeal of requirements relating to the military system essential item 

breakout list. 

Sec. 837. Defense Science Board report on rare earth materials in the defense 

supply chain. 

Sec. 838. Small business contracting programs parity. 
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TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Department of Defense Management 

Sec. 901. Deputy Under Secretaries of Defense and Assistant Secretaries of Defense. 

Sec. 902. Repeal of certain limitations on personnel and consolidation of reports 

on major Department of Defense headquarters activities. 

Sec. 903. Sense of Senate on the Western Hemisphere Institute for Security Cooperation. 

Sec. 904. Reestablishment of position of Vice Chief of the National Guard Bureau. 

Subtitle B—Space Matters 

Sec. 911. Provision of space situational awareness services and information to 

non-United States Government entities. 

Sec. 912. Plan for management and funding of National Polar-Orbiting Operational Environmental Satellite System Program. 

Subtitle C—Intelligence Matters 

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

from counterintelligence operations. 

Subtitle D—Other Matters 

Sec. 931. United States Military Cancer Institute. 

Sec. 932. Instruction of private sector employees in cyber security courses of the 

Defense Cyber Investigations Training Academy. 

Sec. 933. Plan on access to national airspace for unmanned aircraft. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. General transfer authority. 

Sec. 1002. Audit readiness of financial statements of the Department of Defense. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Temporary reduction in minimum number of aircraft carriers in active service. 

Sec. 1012. Repeal of policy relating to the major combatant vessels of the strike 

forces of the United States Navy. 

Sec. 1013. Sense of Senate on the maintenance of a 313-ship Navy. 

Sec. 1014. Designation of U.S.S. Constitution as America’s Ship of State. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension and modification of authority to provide additional support 

for counter-drug activities of certain foreign governments. 

Sec. 1022. One-year extension of authority for joint task forces support to law enforcement agencies conducting counter-terrorism activities. 

Sec. 1023. One-year extension of authority to support unified counter-drug and 

counterterrorism campaign in Colombia. 
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Subtitle D—Military Commissions 

Sec. 1031. Military commissions. 

Sec. 1032. Trial by military commission of alien unprivileged belligerents for violations of the law of war. 

Sec. 1033. No Miranda warnings for Al Qaeda terrorists. 

Subtitle E—Medical Facility Matters 

Sec. 1041. Short title. 

Sec. 1042. Executive agreement. 

Sec. 1043. Transfer of property. 

Sec. 1044. Transfer of civilian personnel of the Department of Defense. 

Sec. 1045. Joint funding authority for the Captain James A. Lovell Federal 

Health Care Center. 

Sec. 1046. Eligibility of members of the uniformed services for care and services 

at the Captain James A. Lovell Federal Health Care Center. 

Sec. 1047. Extension of DOD–VA Health Care Sharing Incentive Fund. 

Subtitle F—Miscellaneous Requirements, Authorities, and Limitations 

Sec. 1051. Congressional earmarks relating to the Department of Defense. 

Sec. 1052. National strategic five-year plan for improving the nuclear forensic 

and attribution capabilities of the United States. 

Sec. 1053. One-year extension of authority to offer and make rewards for assistance in combating terrorism through government personnel of allied forces. 

Sec. 1054. Business process reengineering. 

Sec. 1055. Responsibility for preparation of biennial global positioning system report. 

Sec. 1056. Additional subpoena authority for the Inspector General of the Department of Defense. 

Sec. 1057. Reports on bandwidth requirements for major defense acquisition programs and major system acquisition programs. 

Sec. 1058. Multiyear contracts under pilot program on commercial fee-for-service 

air refueling support for the Air Force. 

Sec. 1059. Additional duty for advisory panel on Department of Defense capabilities for support of civil authorities after certain incidents. 

Subtitle G—Reports 

Sec. 1071. National intelligence estimate on nuclear aspirations of non-state entities and nuclear weapons and related programs in non-nuclearweapons states and countries not parties to the Nuclear NonProliferation Treaty. 

Sec. 1072. Comptroller General of the United States assessment of military whistleblower protections. 

Sec. 1073. Report on re-determination process for permanently incapacitated dependents of retired and deceased members of the Armed Forces. 

Sec. 1074. Comptroller General review of spending in the final quarter of fiscal 

year 2009 by the Department of Defense. 

Sec. 1075. Report on Air America. 

Sec. 1076. Report on criteria for selection of strategic embarkation ports and ship 

layberthing locations. 

Sec. 1077. Report on defense travel simplification. 

Sec. 1078. Report on modeling and simulation activities of United States Joint 

Forces Command. 
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Sec. 1079. Report on enabling capabilities for special operations forces. 

Subtitle H—Other Matters 

Sec. 1081. Transfer of Navy aircraft N40VT. 

Sec. 1082. Transfer of Big Crow aircraft. 

Sec. 1083. Plan for sustainment of land-based solid rocket motor industrial base. 

Sec. 1084. Pilot program on use of service dogs for the treatment or rehabilitation 

of veterans with physical or mental injuries or disabilities. 

Sec. 1085. Expansion of State home care for parents of veterans who died while 

serving in Armed Forces. 

Sec. 1086. Federal Employees Retirement System age and retirement treatment 

for certain retirees of the Armed Forces. 

Sec. 1087. Sense of Congress on manned airborne irregular warfare platforms. 

Sec. 1088. Extension of sunset for Congressional Commission on the Strategic 

Posture of the United States. 

Sec. 1089. Additional members and duties for independent panel to assess the 

quadrennial defense review. 

Sec. 1090. Contracting improvements. 

Sec. 1091. National D–Day Memorial study. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Subtitle A—Personnel 

Sec. 1101. Repeal of National Security Personnel System; Department of Defense 

personnel authorities. 

Sec. 1102. Extension and modification of experimental personnel management 

program for scientific and technical personnel. 

Sec. 1103. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian 

employees working overseas. 

Sec. 1104. Availability of funds for compensation of certain civilian employees of 

the Department of Defense. 

Sec. 1105. Department of Defense Civilian Leadership Program. 

Sec. 1106. Review of defense laboratories for participation in defense laboratory 

personnel demonstration projects. 

Subtitle B—Part-Time Reemployment of Annuitants 

Sec. 1161. Short title. 

Sec. 1162. Part-time reemployment. 

Sec. 1163. General Accountability Office report. 

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS 

Subtitle A—Assistance and Training 

Sec. 1201. Increase in unit cost threshold for purchases using certain funds under 

the Combatant Commander Initiative Fund. 

Sec. 1202. Authority to provide administrative services and support to coalition 

liaison officers of certain foreign nations assigned to United 

States Joint Forces Command. 

Sec. 1203. Modification of authorities relating to program to build the capacity 

of foreign military forces. 

Sec. 1204. Modification of notification and reporting requirements for use of authority for support of special operations to combat terrorism. 
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Sec. 1205. Modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. 

Sec. 1206. One-year extension and expansion of Commanders’ Emergency Response Program. 

Sec. 1207. One-year extension of authority for security and stabilization assistance. 

Sec. 1208. Authority for non-reciprocal exchanges of defense personnel between the 

United States and foreign countries. 

Sec. 1209. Defense cooperation between the United States and Iraq. 

Sec. 1210. Report on alternatives to use of acquisition and cross-servicing agreements to lend military equipment for personnel protection and 

survivability. 

Sec. 1211. Ensuring Iraqi security through defense cooperation between the 

United States and Iraq. 

Sec. 1212. Availability of appropriated funds for the State Partnership Program. 

Sec. 1213. Authority to transfer defense articles and provide defense services to 

the military and security forces of Iraq and Afghanistan. 

Sec. 1214. Certification requirement for Coalition Support Fund reimbursements. 

Subtitle B—Reports 

Sec. 1221. Report on United States engagement with Iran. 

Sec. 1222. Report on Cuba and Cuba’s relations with other countries. 

Sec. 1223. Report on Venezuela. 

Sec. 1224. Report on military power of Iran. 

Sec. 1225. Annual counterterrorism status reports. 

Sec. 1226. Report on Taiwan’s air force. 

Sec. 1227. Report on United States contributions to the United Nations. 

Subtitle C—Other Matters 

Sec. 1231. Sense of Congress on establishment of measures of progress to evaluate 

United States strategic objectives in Afghanistan and Pakistan. 

Sec. 1232. Sense of the Senate on imposing sanctions with respect to the Islamic 

Republic of Iran. 

Sec. 1233. Sense of the Senate on enforcement and imposition of sanctions with 

respect to North Korea; review to determine whether North Korea 

should be re-listed as a state sponsor of terrorism. 

Sec. 1234. Report on the plan for the United States nuclear weapons stockpile, 

nuclear weapons complex, and delivery platforms and sense of 

the Senate on follow-on negotiations to START Treaty. 

Sec. 1235. Sense of Congress on continued support by the United States for a stable and democratic Republic of Iraq. 

Sec. 1236. Report on feasibility and desirability of establishing general uniform 

procedures and guidelines for the provision of monetary assistance by the United States to civilian foreign nationals for losses 

incident to combat activities of the armed forces. 

Subtitle D—VOICE Act 

Sec. 1241. Short title. 

Sec. 1242. Sense of Congress. 

Sec. 1243. Statement of policy. 

Sec. 1244. Authorization of appropriations. 

Sec. 1245. Iranian Electronic Education, Exchange, and Media Fund. 

Sec. 1246. Annual report. 
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† HR 2647 EAS 

Sec. 1247. Report on actions by non-Iranian companies. 

Sec. 1248. Human rights documentation. 

TITLE XIII—COOPERATIVE THREAT REDUCTION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. Authority to enter into agreements to receive contributions for Biological Threat Reduction Program. 

Sec. 1304. Authorization of use of Cooperative Threat Reduction program funds 

for bilateral and multilateral nonproliferation and disarmament 

activities. 

TITLE XIV—OTHER 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. 

Sec. 1407. Funding table. 

Subtitle B—National Defense Stockpile 

Sec. 1411. Extension of previously authorized disposal of cobalt from National 

Defense Stockpile. 

Sec. 1412. Authorization for actions to correct the industrial resource shortfall for 

high-purity beryllium metal in amounts not in excess of 

$80,000,000. 

Subtitle C—Armed Forces Retirement Home 

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

TITLE XV—OVERSEAS CONTINGENCY OPERATIONS 

Sec. 1501. Purpose. 

Sec. 1502. Army procurement. 

Sec. 1503. Navy and Marine Corps procurement. 

Sec. 1504. Air Force procurement. 

Sec. 1505. Defense-wide activities procurement. 

Sec. 1506. Research, development, test, and evaluation. 

Sec. 1507. Operation and maintenance. 

Sec. 1508. Military personnel. 

Sec. 1509. Working capital funds. 

Sec. 1510. Defense Health Program. 

Sec. 1511. Drug Interdiction and Counter-Drug Activities, Defense-wide. 

Sec. 1512. Defense Inspector General. 

Sec. 1513. Treatment as additional authorizations. 

Sec. 1514. Funding tables. 

Sec. 1515. Special transfer authority. 

Sec. 1516. Limitations on availability of funds in Afghanistan Security Forces 

Fund. 

Sec. 1517. Availability of funds in Pakistan Counterinsurgency Fund. 
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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. 

Sec. 2004. Funding tables. 

Sec. 2005. Technical corrections regarding certain military construction projects, 

New Mexico. 

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. Extension of authorizations of certain fiscal year 2006 projects. 

TITLE XXII—NAVY 

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

Sec. 2202. Family housing. 

Sec. 2203. Improvements to military family housing units. 

Sec. 2204. Authorization of appropriations, Navy. 

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

year 2006 project. 

TITLE XXIII—AIR FORCE 

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

Sec. 2302. Family housing. 

Sec. 2303. Improvements to military family housing units. 

Sec. 2304. Authorization of appropriations, Air Force. 

Sec. 2305. Extension of authorizations of certain fiscal year 2007 projects. 

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

Sec. 2307. Temporary prohibition on use of funds for military construction improvements, Palanquero Air Base, Colombia. 

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

TITLE XXIV—DEFENSE AGENCIES 

Subtitle A—Defense Agency Authorizations 

Sec. 2401. Authorized Defense Agencies construction and land acquisition 

projects. 

Sec. 2402. Family housing. 

Sec. 2403. Energy conservation projects. 

Sec. 2404. Authorization of appropriations, Defense Agencies. 

Sec. 2405. Modification of authority to carry out certain fiscal year 2008 project. 

Sec. 2406. Modification of authority to carry out certain fiscal year 2009 project. 

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

Subtitle B—Chemical Demilitarization Authorizations 

Sec. 2411. Authorization of appropriations, chemical demilitarization construction, Defense-wide. 
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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, Guard and Reserve. 

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

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

TITLE XXVII—BASE CLOSURE AND REALIGNMENT ACTIVITIES 

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. 

Sec. 2704. Report on global defense posture realignment and interagency review. 

Sec. 2705. Sense of the Senate on need for community assistance related to base 

closures and realignments and force repositioning. 

Sec. 2706. Relocation of certain Army Reserve units in Connecticut. 

Sec. 2707. Authority to construct previously authorized Armed Forces Reserve 

Center in vicinity of specified location at Pease Air National 

Guard Base, New Hampshire. 

Sec. 2708. Requirement for master plan to provide world class military medical 

facilities in the National Capital Region. 

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS 

Sec. 2801. Military construction and land acquisition projects authorized by 

American Recovery and Reinvestment Act of 2009. 

Subtitle A—Military Construction Program and Military Family Housing 

Changes 

Sec. 2811. Extension of authority to use operation and maintenance funds for 

construction projects inside the United States Central Command 

and United States Africa Command areas of responsibility. 

Sec. 2812. Modification of authority for scope of work variations. 

Sec. 2813. Modification of conveyance authority at military installations. 

Sec. 2814. Two-year extension of authority for pilot projects for acquisition or 

construction of military unaccompanied housing. 
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Subtitle B—Energy Security 

Sec. 2821. Report on Department of Defense efforts toward installation of solar 

panels and other renewable energy projects on military installations. 

Subtitle C—Land Conveyances 

Sec. 2831. Land conveyance, Naval Air Station Oceana, Virginia. 

Sec. 2832. Release of reversionary interest. 

Sec. 2833. Land conveyance, Ellsworth Air Force Base, South Dakota. 

Sec. 2834. Land conveyance, F.E. Warren Air Force Base, Cheyenne, Wyoming. 

Sec. 2835. Land conveyance, Lackland Air Force Base, Texas. 

Sec. 2836. Land conveyance, Haines Tank Farm, Haines, Alaska. 

Sec. 2837. Land conveyances of certain parcels in the Camp Catlin and Ohana 

Nui areas, Pearl Harbor, Hawaii. 

Subtitle D—Other Matters 

Sec. 2841. Expansion of First Sergeants Barracks Initiative. 

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. 

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. Funding table. 

Subtitle B—Program Authorizations, Restrictions, and Limitations 

Sec. 3111. Nuclear weapons stockpile life extension program. 

Sec. 3112. Elimination of nuclear weapons life extension program from exception 

to requirement to request funds in budget of the President. 

Sec. 3113. Repeal of Reliable Replacement Warhead program. 

Sec. 3114. Authorization of use of International Nuclear Materials Protection and 

Cooperation program funds for bilateral and multilateral nonproliferation and disarmament activities. 

Sec. 3115. Repeal of prohibition on funding activities associated with international cooperative stockpile stewardship. 

Sec. 3116. Modification of minor construction threshold for plant projects. 

Sec. 3117. Two-year extension of authority for appointment of certain scientific, 

engineering, and technical personnel. 

Sec. 3118. Repeal of sunset date for consolidation of counterintelligence programs 

of Department of Energy and National Nuclear Security Administration. 
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Subtitle C—Other Matters 

Sec. 3131. Ten-year plan for utilization and funding of certain Department of 

Energy facilities. 

Sec. 3132. Review of management and operation of certain national laboratories. 

Sec. 3133. Inclusion in 2010 stockpile stewardship plan of certain information 

relating to stockpile stewardship criteria. 

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

by the Office of Environmental Management of the Department 

of Energy pursuant to the American Recovery and Reinvestment 

Act of 2009. 

Sec. 3135. Identification in budget materials of amounts for certain Department 

of Energy pension obligations. 

Sec. 3136. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program. 

Sec. 3137. Comptroller General study of stockpile stewardship program. 

Sec. 3138. Sense of the Senate on production of molybdenum–99. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—MARITIME ADMINISTRATION 

Sec. 3301. Maritime Administration. 

DIVISION D—FUNDING TABLES 

Sec. 4001. Authorization of amounts in funding tables. 

TITLE XLI—PROCUREMENT 

Sec. 4101. Procurement. 

Sec. 4102. Procurement for overseas contingency operations. 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

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

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

operations. 

TITLE XLIII—OPERATION AND MAINTENANCE 

Sec. 4301. Operation and maintenance. 

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

TITLE XLIV—OTHER AUTHORIZATIONS 

Sec. 4401. Other authorizations. 

Sec. 4402. Other authorizations for overseas contingency operations. 

TITLE XLV—MILITARY CONSTRUCTION AUTHORIZATIONS 

Sec. 4501. Military construction. 

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

Sec. 4503. American Recovery and Reinvestment Act military construction. 

Sec. 4504. Military construction for overseas contingency operations. 
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TITLE XLVI—DEPARTMENT OF ENERGY NATIONAL SECURITY 

PROGRAMS 

Sec. 4601. Department of Energy national security programs. 

DIVISION E—MATTHEW SHEPARD HATE CRIMES PREVENTION ACT 

Sec. 4701. Short title. 

Sec. 4702. Findings. 

Sec. 4703. Definition of hate crime. 

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

and tribal law enforcement officials. 

Sec. 4705. Grant program. 

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

law enforcement. 

Sec. 4707. Prohibition of certain hate crime acts. 

Sec. 4708. Statistics. 

Sec. 4709. Severability. 

Sec. 4710. Rule of construction. 

Sec. 4711. Construction and application. 

Sec. 4712. Limitation on prosecutions. 

Sec. 4713. Guidelines for hate-crimes offenses. 

Sec. 4714. Attacks on United States servicemen. 

DIVISION F—SBIR/STTR REAUTHORIZATION 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 

TITLE LI—REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS 

Sec. 5101. Extension of termination dates. 

Sec. 5102. Status of the Office of Technology. 

Sec. 5103. SBIR allocation increase. 

Sec. 5104. STTR allocation increase. 

Sec. 5105. SBIR and STTR award levels. 

Sec. 5106. Agency and program collaboration. 

Sec. 5107. Elimination of Phase II invitations. 

Sec. 5108. Majority-venture investments in SBIR firms. 

Sec. 5109. SBIR and STTR special acquisition preference. 

Sec. 5110. Collaborating with Federal laboratories and research and development 

centers. 

Sec. 5111. Notice requirement. 

TITLE LII—OUTREACH AND COMMERCIALIZATION INITIATIVES 

Sec. 5201. Rural and State outreach. 

Sec. 5202. SBIR–STEM Workforce Development Grant Pilot Program. 

Sec. 5203. Technical assistance for awardees. 

Sec. 5204. Commercialization program at Department of Defense. 

Sec. 5205. Commercialization Pilot Program for civilian agencies. 

Sec. 5206. Nanotechnology initiative. 

Sec. 5207. Accelerating cures. 

TITLE LIII—OVERSIGHT AND EVALUATION 

Sec. 5301. Streamlining annual evaluation requirements. 

Sec. 5302. Data collection from agencies for SBIR. 
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Sec. 5303. Data collection from agencies for STTR. 

Sec. 5304. Public database. 

Sec. 5305. Government database. 

Sec. 5306. Accuracy in funding base calculations. 

Sec. 5307. Continued evaluation by the National Academy of Sciences. 

Sec. 5308. Technology insertion reporting requirements. 

Sec. 5309. Intellectual property protections. 

TITLE LIV—POLICY DIRECTIVES 

Sec. 5401. Conforming amendments to the SBIR and the STTR Policy Directives. 

Sec. 5402. Priorities for certain research initiatives. 

Sec. 5403. Report on SBIR and STTR program goals. 

Sec. 5404. Competitive selection procedures for SBIR and STTR programs. 

DIVISION G—MARITIME ADMINISTRATION AUTHORIZATION 

TITLE LX—MARITIME ADMINISTRATION 

Sec. 6001. Short title. 

Sec. 6002. Cooperative agreements, administrative expenses, and contracting authority. 

Sec. 6003. Use of funding for DOT maritime heritage property. 

Sec. 6004. Liquidation of unused leave balance at the Merchant Marine Academy. 

Sec. 6005. Permanent authority to hire adjunct professors at the Merchant Marine Academy. 

Sec. 6006. Use of midshipman fees. 

Sec. 6007. Construction of vessels in the United States policy. 

Sec. 6008. Port infrastructure development program. 

Sec. 6009. Reefs for marine life conservation program. 

Sec. 6010. Student incentive payment agreements. 

Sec. 6011. United States merchant marine academy graduate program receipt, 

disbursement, and accounting for non-appropriated funds. 

Sec. 6012. America’s short sea transportation grants for the development of marine highways. 

Sec. 6013. Expansion of the marine view system. 

Sec. 6014. Authorization of appropriations for fiscal year 2010. 

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. 
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1 DIVISION A—DEPARTMENT OF 

2 DEFENSE AUTHORIZATIONS 

3 TITLE I—PROCUREMENT 

4 Subtitle A—Authorization of 

5 Appropriations 

6 SEC. 101. ARMY. 

7 Funds are hereby authorized to be appropriated for fis8 cal year 2010 for procurement for the Army as follows: 

9 (1) For aircraft, $5,144,891,000. 

10 (2) For missiles, $1,375,109,000. 

11 (3) For weapons and tracked combat vehicles, 

12 $2,451,952,000. 

13 (4) For ammunition, $2,059,895,000. 

14 (5) For other procurement, $9,617,991,000. 

15 SEC. 102. NAVY AND MARINE CORPS. 

16 (a) NAVY.—Funds are hereby authorized to be appro17 priated for fiscal year 2010 for procurement for the Navy 

18 as follows: 

19 (1) For aircraft, $18,655,412,000. 

20 (2) For weapons, including missiles and tor21 pedoes, $3,515,455,000. 

22 (3) For shipbuilding and conversion, 

23 $13,776,867,000. 

24 (4) For other procurement, $5,595,176,000. 
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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 $1,600,638,000. 

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, $13,077,876,000. 

12 (2) For missiles, $6,107,728,000. 

13 (3) For ammunition, $822,462,000. 

14 (4) For other procurement, $17,245,341,000. 

15 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

16 Funds are hereby authorized to be appropriated for fis17 cal year 2010 for Defense-wide procurement as follows: 

18 (1) For Defense-wide procurement, 

19 $4,050,052,000. 

20 (2) For the Rapid Acquisition Fund, 

21 $79,300,000. 

22 (3) For the Mine Resistant Ambush Protected 

23 Vehicle Fund, $1,200,000,000. 
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1 SEC. 105. FUNDING TABLE. 

2 The amounts authorized to be appropriated by sections 

3 101, 102, 103, and 104 shall be available, in accordance 

4 with the requirements of section 4001, for projects, pro5 grams, and activities, and in the amounts, specified in the 

6 funding table in section 4101. 

7 SEC. 106. ELIMINATION OF F–22A AIRCRAFT PROCUREMENT 

8 FUNDING. 

9 (a) ELIMINATION OF FUNDING.—The amount author10 ized to be appropriated by section 103(1) for procurement 

11 for the Air Force for aircraft procurement is hereby de12 creased by $1,750,000,000, with the amount of the decrease 

13 to be derived from amounts available for F–22A aircraft 

14 procurement. 

15 (b) RESTORED FUNDING.— 

16 (1) OPERATION AND MAINTENANCE, ARMY.—The 

17 amount authorized to be appropriated by section 

18 301(1) for operation and maintenance for the Army 

19 is hereby increased by $350,000,000. 

20 (2) OPERATION AND MAINTENANCE, NAVY.—The 

21 amount authorized to be appropriated by section 

22 301(2) for operation and maintenance for the Navy 

23 is hereby increased by $100,000,000. 

24 (3) OPERATION AND MAINTENANCE, AIR

25 FORCE.—The amount authorized to be appropriated 
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1 by section 301(4) for operation and maintenance for 

2 the Air Force is hereby increased by $250,000,000. 

3 (4) OPERATION AND MAINTENANCE, DEFENSE4 WIDE.—The amount authorized to be appropriated by 

5 section 301(5) for operation and maintenance for De6 fense-wide activities is hereby increased by 

7 $150,000,000. 

8 (5) MILITARY PERSONNEL.—The amount author9 ized to be appropriated by section 421(a)(1) for mili10 tary personnel is hereby increased by $400,000,000. 

11 (6) DIVISION A AND DIVISION B GENERALLY.—In 

12 addition to the amounts specified in paragraphs (1) 

13 through (5), the total amount authorized to be appro14 priated for the Department of Defense by divisions A 

15 and B is hereby increased by $500,000,000. 

16 Subtitle B—Navy Programs 

17 SEC. 111. TREATMENT OF LITTORAL COMBAT SHIP PRO18 GRAM AS A MAJOR DEFENSE ACQUISITION 

19 PROGRAM. 

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

21 the program for the Littoral Combat Ship shall be treated 

22 as a major defense acquisition program for purposes of 

23 chapter 144 of title 10, United States Code. 
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† HR 2647 EAS 

1 SEC. 112. REPORT ON STRATEGIC PLAN FOR HOMEPORTING 

2 THE LITTORAL COMBAT SHIP. 

3 (a) REPORT REQUIRED.—Not later than 90 days after 

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

5 Navy shall submit to the congressional defense committees 

6 a report setting forth the strategic plan of the Navy for 

7 homeporting the Littoral Combat Ship (LCS) on the East 

8 Coast and West Coast of the United States. 

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

10 shall include the following: 

11 (1) The requirements for homeporting of the Lit12 toral Combat ship of the commanders of the combat13 ant commands, set forth by geographic area of respon14 sibility (AOR). 

15 (2) A description of the manner in which the 

16 Navy will meet the requirements identified under 

17 paragraph (1). 

18 (3) An assessment of the effect of each type of 

19 Littoral Combat Ship on each port in which such 

20 ship could be homeported. 

21 (4) A map, based on the current plan of 55 Lit22 toral Combat Ships, identifying where each ship will 

23 homeport and how such ports will accommodate both 

24 types of Littoral Combat Ships, based on the current 

25 program and a 313-ship Navy. 
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1 (5) An estimate of the costs of infrastructure re2 quired for Littoral Combat Ships at each homeport, 

3 including— 

4 (A) existing infrastructure; and 

5 (B) such upgraded infrastructure as may be 

6 required. 

7 SEC. 113. PROCUREMENT PROGRAMS FOR FUTURE NAVAL 

8 SURFACE COMBATANTS. 

9 (a) LIMITATION ON AVAILABILITY OF FUNDS PENDING

10 REPORTS ABOUT SURFACE COMBATANT SHIPBUILDING

11 PROGRAMS.—The Secretary of the Navy may not obligate 

12 or expend funds for the construction of, or advanced pro13 curement of materials for, a surface combatant to be con14 structed after fiscal year 2011 until the Secretary has sub15 mitted to Congress each of the following: 

16 (1) An acquisition strategy for such surface com17 batants that has been approved by the Department of 

18 Defense. 

19 (2) The results of reviews by the Joint Require20 ments Oversight Council for an Acquisition Category 

21 I program that supports the need for an acquisition 

22 strategy to procure surface combatants after fiscal 

23 year 2011. 

24 (3) A verification by an independent review 

25 panel convened by the Secretary of Defense that, in 
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1 evaluating the shipbuilding program concerned, the 

2 Secretary of the Navy considered each of the fol3 lowing: 

4 (A) Modeling and simulation, including 

5 war gaming conclusions regarding combat effec6 tiveness for the selected ship platforms as com7 pared to other reasonable alternative approaches. 

8 (B) Assessments of platform operational 

9 availability. 

10 (C) Life cycle costs from vessel manning lev11 els to accomplish missions. 

12 (4) An intelligence analysis reflecting a coordi13 nated threat assessment of the Defense Intelligence 

14 Agency that provides the basis for deriving the mix 

15 of platforms in the shipbuilding program concerned 

16 when compared with the surface combatants in the 

17 2009 shipbuilding plan. 

18 (5) The differences in cost and schedule arising 

19 from the need to accommodate new sensors and weap20 ons in future surface combatants to counter the future 

21 threats referred to in paragraph (4) when compared 

22 with the cost and schedule arising from the need to 

23 accommodate sensors and weapons on surface combat24 ants as contemplated by the 2009 shipbuilding plan 

25 for the vessels concerned. 
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1 (6) A verification by the commanders of the com2 batant commands that the shipbuilding program for 

3 the vessels concerned would be preferable to the surface 

4 combatants included in the 2009 shipbuilding plan 

5 for the vessels concerned in meeting all of their future 

6 mission requirements. 

7 (7) A joint review by the Navy and the Missile 

8 Defense Agency setting forth additional requirements 

9 for investment in Aegis ballistic missile defense 

10 (BMD) beyond the number of DDG–51 and CG–47 

11 vessels planned to be equipped for this mission area 

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

13 submitted to Congress pursuant to section 1105 of 

14 title 31, United States Code). 

15 (b) FUTURE SURFACE COMBATANT ACQUISITION

16 STRATEGY.—Not later than the date upon which President 

17 submits to Congress the budget for fiscal year 2012 (as so 

18 submitted), the Secretary of the Navy shall submit to the 

19 congressional defense committees a plan to provide for full 

20 and open competition on the combat systems for surface 

21 combatants proposed in the future-years defense program 

22 submitted to Congress under section 221 of title 10, United 

23 States Code, together with such budget. The plan shall in24 clude specifics on the intent of the Navy to satisfy criteria 

25 described in subsection (a) and evaluate applicable tech-
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1 nologies during the request for proposal and selection proc2 ess. 

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

4 120 days after the enactment of this Act, the Secretary of 

5 the Navy shall submit to the congressional defense commit6 tees an update to the March 2006 Report to Congress on 

7 Naval Surface Fire Support. The update shall identify how 

8 the Department of Defense intends to address any shortfalls 

9 between required naval surface fire support capability and 

10 the plan of the Navy to provide that capability. The update 

11 shall include addenda by the Chief of Naval Operations and 

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

13 2006 report. 

14 (d) TECHNOLOGY ROADMAP FOR FUTURE SURFACE

15 COMBATANTS AND FLEET MODERNIZATION.— 

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

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

18 the Navy shall develop a plan to incorporate into sur19 face combatants constructed after 2011, and into fleet 

20 modernization programs, the technologies developed 

21 for the DDG–1000 destroyer and the DDG–51 and 

22 CG–47 Aegis ships, including the following: 

23 (A) For the DDG–1000 destroyer— 

24 (i) combat system; 
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1 (ii) multi-function and dual-band ra2 dars; 

3 (iii) hull, mechanical and electrical 

4 systems achieving significant manpower 

5 savings; and 

6 (iv) integrated electric propulsion tech7 nologies. 

8 (B) For the DDG–51 and CG–47 Aegis 

9 ships— 

10 (i) combat system, including missile 

11 defense capability; 

12 (ii) hull, mechanical and electrical sys13 tems achieving manpower savings; and 

14 (iii) anti-submarine warfare sensor 

15 systems designed for operating in open 

16 ocean areas. 

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

18 paragraph (1) shall include sufficient detail for sys19 tems and subsystems to ensure that the plan— 

20 (A) avoids redundant development for com21 mon functions; 

22 (B) reflects implementation of Navy plans 

23 for achieving an open architecture for all naval 

24 surface combat systems; and 

25 (C) fosters full and open competition. 
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1 (e) DEFINITION.—In this section: 

2 (1) The term ‘‘2009 shipbuilding plan’’ means 

3 the 30-year shipbuilding plan submitted to Congress 

4 pursuant to section 231, title 10, United States Code, 

5 together with the budget of the President for fiscal 

6 year 2009 (as submitted to Congress pursuant to sec7 tion 1105 of title 31, United States Code). 

8 (2) The term ‘‘surface combatant’’ means a 

9 cruiser, a destroyer, or any naval vessel under a pro10 gram currently designated as a future surface combat11 ant program. 

12 SEC. 114. REPORT ON A SERVICE LIFE EXTENSION PRO13 GRAM FOR OLIVER HAZARD PERRY CLASS 

14 FRIGATES. 

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

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

17 congressional defense committees a report setting forth the 

18 following: 

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

20 program (SLEP) for the Oliver Hazard Perry class 

21 frigates (FFGs), including— 

22 (A) the cost of the program; 

23 (B) a schedule for the program; and 

24 (C) the shipyards available to carry out the 

25 work under the program. 
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1 (2) A detailed plan of the Navy for achieving a 

2 313-ship fleet as contemplated by the 2006 Quadren3 nial Defense Review, including a comparison for pur4 poses of that plan of decommissioning Oliver Hazard 

5 Perry class frigates as scheduled with extending the 

6 service life of such frigates under the service life exten7 sion program. 

8 (3) The strategic plan of the Navy for the man9 ner in which the Littoral Combat Ship (LCS) will 

10 fulfill the roles and missions currently performed by 

11 the Oliver Hazard Perry class frigates as they are de12 commissioned. 

13 (4) The strategic plan of the Navy for the Lit14 toral Combat Ship if the extension of the service life 

15 of the Oliver Hazard Perry class frigates alleviates 

16 demand arising under the current capabilities gap in 

17 the Littoral Combat Ship. 

18 (5) A description of the manner in which the 

19 Navy has met the needs of the United States Southern 

20 Command over time, including the assets and vessels 

21 the Navy has deployed for military-to-military en22 gagements, UNITAS exercises, and counterdrug oper23 ations in support of the Commander of the United 

24 States Southern Command during the five-year pe25 riod ending on the date of the report. 
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1 SEC. 115. COMPETITIVE BIDDING FOR PROCUREMENT OF 

2 STEAM TURBINES FOR SHIPS SERVICE TUR3 BINE GENERATORS AND MAIN PROPULSION 

4 TURBINES FOR OHIO-CLASS SUBMARINE RE5 PLACEMENT PROGRAM. 

6 The Secretary of the Navy shall take measures to en7 sure competition, or the option of competition, for steam 

8 turbines for the ships service turbine generators and main 

9 propulsion turbines for the Ohio-class submarine replace10 ment program in accordance with section 202 of the Weap11 ons Systems Acquisition Reform Act of 2009 (Public Law 

12 111–23; 10 U.S.C. 2430 note). 

13 Subtitle C—Air Force Matters 

14 SEC. 121. LIMITATION ON RETIREMENT OF C–5 AIRCRAFT. 

15 (a) LIMITATION.—The Secretary of the Air Force may 

16 not proceed with a decision to retire C–5A aircraft from 

17 the active inventory of the Air Force in any number that 

18 would reduce the total number of such aircraft in the active 

19 inventory below 111 until— 

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

21 to the configuration referred to as the Reliability En22 hancement and Reengining Program (RERP) con23 figuration, as planned under the C–5 System Devel24 opment and Demonstration program as of May 1, 

25 2003; and 
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1 (2) the Director of Operational Test and Evalua2 tion of the Department of Defense— 

3 (A) conducts an operational evaluation of 

4 that aircraft, as so modified; and 

5 (B) provides to the Secretary of Defense and 

6 the congressional defense committees an oper7 ational assessment. 

8 (b) OPERATIONAL EVALUATION.—An operational eval9 uation for purposes of paragraph (2)(A) of subsection (a) 

10 is an evaluation, conducted during operational testing and 

11 evaluation of the aircraft, as so modified, of the performance 

12 of the aircraft with respect to reliability, maintainability, 

13 and availability and with respect to critical operational 

14 issues. 

15 (c) OPERATIONAL ASSESSMENT.—An operational as16 sessment for purposes of paragraph (2)(B) of subsection (a) 

17 is an operational assessment of the program to modify C– 

18 5A aircraft to the configuration referred to in subsection 

19 (a)(1) regarding both overall suitability and deficiencies of 

20 the program to improve performance of the C–5A aircraft 

21 relative to requirements and specifications for reliability, 

22 maintainability, and availability of that aircraft as in ef23 fect on May 1, 2003. 

24 (d) ADDITIONAL LIMITATIONS ON RETIREMENT OF

25 AIRCRAFT.—The Secretary of the Air Force may not retire 
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1 C–5 aircraft from the active inventory as of the date of this 

2 Act until the later of the following: 

3 (1) The date that is 150 days after the date on 

4 which the Director of Operational Test and Evalua5 tion submits the report referred to in subsection 

6 (a)(2)(B). 

7 (2) The date that is 120 days after the date on 

8 which the Secretary submits the report required under 

9 subsection (e). 

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

11 which the Secretary certifies to the congressional de12 fense committees that— 

13 (A) the retirement of such aircraft will not 

14 increase the operational risk of meeting the Na15 tional Defense Strategy; and 

16 (B) the retirement of such aircraft will not 

17 reduce the total strategic airlift force structure 

18 below 324 strategic airlift aircraft. 

19 (e) REPORT ON RETIREMENT OF AIRCRAFT.—The Sec20 retary of the Air Force shall submit to the congressional 

21 defense committees a report setting forth the following: 

22 (1) The rationale for the retirement of existing 

23 C–5 aircraft and a cost/benefit analysis of alternative 

24 strategic airlift force structures, including the force 
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1 structure that would result from the retirement of 

2 such aircraft. 

3 (2) An assessment of the costs and benefits of ap4 plying the Reliability Enhancement and Re-engining 

5 Program (RERP) modification to the entire the C–5A 

6 aircraft fleet. 

7 (3) An assessment of the implications for the Air 

8 Force, the Air National Guard, and the Air Force Re9 serve of operating a mix of C–5A aircraft and C–5M 

10 aircraft. 

11 (4) An assessment of the costs and benefits of in12 creasing the number of C–5 aircraft in Back-up Air13 craft Inventory (BAI) status as a hedge against fu14 ture requirements of such aircraft. 

15 (5) An assessment of the costs, benefits, and im16 plications of transferring C–5 aircraft to United 

17 States flag carriers operating in the Civil Reserve Air 

18 Fleet (CRAF) program or to coalition partners in 

19 lieu of the retirement of such aircraft. 

20 (6) Such other matters relating to the retirement 

21 of C–5 aircraft as the Secretary considers appro22 priate. 

23 (f) MAINTENANCE OF AIRCRAFT UPON RETIRE24 MENT.—The Secretary of the Air Force shall maintain any 

25 C–5 aircraft retired after the date of the enactment of this 
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1 Act in Type 1000 storage until opportunities for the trans2 fer of such aircraft as described in subsection (e)(5) have 

3 been fully exhausted. 

4 SEC. 122. REVISED AVAILABILITY OF CERTAIN FUNDS 

5 AVAILABLE FOR THE F–22A FIGHTER AIR6 CRAFT. 

7 (a) REPEAL OF AUTHORITY ON AVAILABILITY OF FIS8 CAL YEAR 2009 FUNDS.—Section 134 of the Duncan Hun9 ter National Defense Authorization Act for Fiscal Year 2009 

10 (Public Law 110–417; 122 Stat. 4378) is repealed. 

11 (b) AVAILABILITY OF ADVANCE PROCUREMENT FUNDS

12 FOR OTHER F–22A AIRCRAFT MODERNIZATION PRIOR13 ITIES.—Subject to the provisions of appropriations Acts 

14 and applicable requirements relating to the transfer of 

15 funds, the Secretary of the Air Force may transfer amounts 

16 authorized to be appropriated for fiscal year 2009 by sec17 tion 103(1) for aircraft procurement for the Air Force and 

18 available for advance procurement for the F–22A fighter 

19 aircraft within that subaccount or to other subaccounts for 

20 aircraft procurement for the Air Force for purposes of pro21 viding funds for other modernization priorities with respect 

22 to the F–22A fighter aircraft. 
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1 SEC. 123. REPORT ON POTENTIAL FOREIGN MILITARY 

2 SALES OF THE F–22A FIGHTER AIRCRAFT. 

3 (a) REPORT REQUIRED.—Not later than 180 days 

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

5 of Defense shall, in coordination with the Secretary of State 

6 and in consultation with the Secretary of the Air Force, 

7 submit to the congressional defense committees, the Com8 mittee on Foreign Relations of the Senate, and the Com9 mittee on Foreign Affairs of the House of Representatives 

10 a report on potential foreign military sales of the F–22A 

11 fighter aircraft. 

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

13 shall include the following: 

14 (1) An estimate of the costs to the United States 

15 Government, industry, and any foreign military sales 

16 customer of developing an exportable version of the F– 

17 22A fighter aircraft. 

18 (2) An assessment whether an exportable version 

19 of the F–22A fighter aircraft is technically feasible 

20 and executable, and, if so, a timeline for achieving an 

21 exportable version of the aircraft. 

22 (3) An assessment of the potential strategic im23 plications of permitting foreign military sales of the 

24 F–22A fighter aircraft. 

25 (4) An assessment of the impact of foreign mili26 tary sales of the F–22A fighter aircraft on the United 
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1 States aerospace and aviation industry, and the ad2 vantages and disadvantages of such sales for sus3 taining that industry. 

4 (5) An identification of any modifications to 

5 current law that are required to authorize foreign 

6 military sales of the F–22A fighter aircraft. 

7 (c) ADDITIONAL REPORT REQUIRED.—Not later than 

8 180 days after the date of the enactment of this Act, the 

9 Secretary of Defense shall provide for a federally funded 

10 research and development center which will submit to the 

11 congressional defense committees, the Committee on Foreign 

12 Relations of the Senate, and the Committee on Foreign Af13 fairs of the House of Representatives, through the Secretary 

14 of Defense, a report on potential foreign military sales of 

15 the F–22A fighter aircraft, addressing the same elements 

16 as in subsection (b) of this section. 

17 SEC. 124. NEXT GENERATION BOMBER AIRCRAFT. 

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

19 (1) Long-range strike is a critical mission in 

20 which the United States needs to retain a credible 

21 and dominant capability. 

22 (2) Long range, penetrating strike systems pro23 vide— 

24 (A) a hedge against being unable to obtain 

25 access to forward bases for political reasons; 
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1 (B) a capacity to respond quickly to contin2 gencies; 

3 (C) the ability to base outside the reach of 

4 emerging adversary anti-access and area-denial 

5 capabilities; and 

6 (D) the ability to impose disproportionate 

7 defensive costs on prospective adversaries of the 

8 United States. 

9 (3) The 2006 Quadrennial Defense Review found 

10 that there was a requirement for a next generation 

11 bomber aircraft and directed the United States Air 

12 Force to ‘‘develop a new land-based, penetrating long 

13 range strike capability to be fielded by 2018’’. 

14 (4) On April 6, 2009, Secretary Gates an15 nounced that the United States ‘‘will not pursue a de16 velopment program for a follow-on Air Force bomber 

17 until we have a better understanding of the need, the 

18 requirement and the technology’’. 

19 (5) On May 7, 2009, President Barack Obama 

20 announced the termination of the next generation 

21 bomber aircraft program in the document of the Of22 fice of Management and Budget entitled ‘‘Termi23 nations, Reductions, and Savings’’, stating that 

24 ‘‘there is no urgent need to begin an expensive devel25 opment program for a new bomber’’ and that ‘‘the fu-
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1 ture bomber fleet may not be affordable over the next 

2 six years’’. 

3 (6) The United States will need a new long4 range strike capability because the conflicts of the fu5 ture will likely feature heavily defended airspace, due 

6 in large part to the proliferation of relatively inex7 pensive, but sophisticated and deadly, air defense sys8 tems. 

9 (7) General Michael Maples, the Director of the 

10 Defense Intelligence Agency, noted during a March 

11 10, 2009, hearing of the Committee on Armed Serv12 ices of the Senate on worldwide threats that ‘‘Russia, 

13 quite frankly, is the developer of most of those [ad14 vanced air defense] systems and is exporting those 

15 systems both to China and to other countries in the 

16 world’’. 

17 (8) The Final Report of the Congressional Com18 mission on the Strategic Posture of the United States, 

19 submitted to Congress on May 6, 2009, states that 

20 ‘‘[t]he bomber force is valuable particularly for ex21 tending deterrence in time of crisis, as their deploy22 ment is visible and signals U.S. commitment. Bomb23 ers also impose a significant cost burden on potential 

24 adversaries in terms of the need to invest in advanced 

25 air defenses’’. 
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1 (9) The commanders of the United States Pacific 

2 Command, the United States Strategic Command, 

3 and the United States Joint Forces Command have 

4 each testified before the Committee on Armed Services 

5 of the Senate in support of the capability that the 

6 next generation bomber aircraft would provide. 

7 (10) On June 17, 2009, General James Cart8 wright, Vice-Chairman of the Joint Chiefs of Staff 

9 and chair of the Joint Requirements Oversight Coun10 cil, stated during a hearing before the Committee on 

11 Armed Services of the Senate that ‘‘the nation needs 

12 a new bomber’’. 

13 (11) Nearly half of the United States bomber air14 craft inventory (47 percent) pre-dates the Cuban Mis15 sile Crisis. 

16 (12) The only air-breathing strike platforms the 

17 United States possesses today with reach and surviv18 ability to have a chance of successfully executing mis19 sions more than 1,000 nautical miles into enemy ter20 ritory from the last air-to-air refueling are 16 combat 

21 ready B-2 bomber aircraft. 

22 (13) The B-2 bomber aircraft was designed in 

23 the 1980s and achieved initial operational capability 

24 over a decade ago. 
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1 (14) The crash of an operational B-2 bomber air2 craft during takeoff at Guam in early 2008 indicates 

3 that attrition can and does occur even in peacetime. 

4 (15) The primary mission requirement of the 

5 next generation bomber aircraft is the ability to strike 

6 targets anywhere on the globe with whatever weapons 

7 the contingency requires. 

8 (16) The requisite aerodynamic, structural, and 

9 low-observable technologies to develop the next genera10 tion bomber aircraft already exist in fifth-generation 

11 fighter aircraft. 

12 (b) POLICY ON CONTINUED DEVELOPMENT OF NEXT

13 GENERATION BOMBER AIRCRAFT IN FISCAL YEAR 2010.— 

14 It is the policy of the United States to support a develop15 ment program for next generation bomber aircraft tech16 nologies. 

17 SEC. 125. AC–130 GUNSHIPS. 

18 (a) REPORT ON REDUCTION IN SERVICE LIFE IN CON19 NECTION WITH ACCELERATED DEPLOYMENT.—Not later 

20 than 90 days after the date of the enactment of this Act, 

21 the Secretary of the Air Force, in consultation with the 

22 United States Special Operations Command, shall submit 

23 to the congressional defense committees an assessment of the 

24 reduction in the service life of AC–130 gunships of the Air 

25 Force as a result of the accelerated deployments of such 
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1 gunships that are anticipated during the seven- to ten-year 

2 period beginning with the date of the enactment of this Act, 

3 assuming that operating tempo continues at a rate per year 

4 of the average of their operating rate for the last five years. 

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

6 shall include the following: 

7 (1) An estimate by series of the maintenance 

8 costs for the AC–130 gunships during the period de9 scribed in subsection (a), including any major air10 frame and engine overhauls of such aircraft antici11 pated during that period. 

12 (2) A description by series of the age, service13 ability, and capabilities of the armament systems of 

14 the AC–130 gunships. 

15 (3) An estimate by series of the costs of modern16 izing the armament systems of the AC–130 gunships 

17 to achieve any necessary capability improvements. 

18 (4) A description by series of the age and capa19 bilities of the electronic warfare systems of the AC– 

20 130 gunships, and an estimate of the cost of upgrad21 ing such systems during that period to achieve any 

22 necessary capability improvements. 

23 (5) A description by series of the age of the avi24 onics systems of the AC–130 gunships, and an esti25 mate of the cost of upgrading such systems during 
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1 that period to achieve any necessary capability im2 provements. 

3 (c) FORM.—The report required by subsection (a) shall 

4 be submitted in unclassified form, but may include a classi5 fied annex. 

6 (d) ANALYSIS OF ALTERNATIVES.—The Secretary of 

7 the Air Force, in consultation with the United States Spe8 cial Operations Command, shall conduct an analysis of al9 ternatives for any gunship modernization requirements 

10 identified by the 2009 quadrennial defense review under 

11 section 118 of title 10, United States Code. The results of 

12 the analysis of alternatives shall be provided to the congres13 sional defense committees not later than 18 months after 

14 the completion of the 2009 quadrennial defense review. 

15 SEC. 126. REPORT ON E–8C JOINT SURVEILLANCE AND TAR16 GET ATTACK RADAR SYSTEM RE-ENGINING. 

17 (a) IN GENERAL.—Not later than 60 days after the 

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

19 Force shall submit to the congressional defense committees 

20 a report on replacing the engines of E-8C Joint Surveil21 lance and Target Attack Radar System (Joint STARS) air22 craft. The report shall include the following: 

23 (1) An assessment of funding alternatives and 

24 options for accelerating funding for the fielding of 

25 Joint STARS aircraft with replaced engines. 
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1 (2) An analysis of the tradeoffs involved in the 

2 decision to replace the engines of Joint STARS air3 craft or not to replace those engines, including the po4 tential cost savings from replacing those engines and 

5 the operational impacts of not replacing those en6 gines. 

7 (3) An identification of the optimum path for8 ward for replacing the engines of Joint STARS air9 craft and modernizing the Joint STARS fleet. 

10 (b) LIMITATION ON CERTAIN ACTIONS.—The Secretary 

11 of the Air Force may not take any action that would ad12 versely impact the pace of the execution of the program to 

13 replace the engines of Joint STARS aircraft before submit14 ting the report required by subsection (a). 

15 Subtitle D—Joint and Multiservice 

16 Matters 

17 SEC. 131. MODIFICATION OF NATURE OF DATA LINK UTILIZ18 ABLE BY TACTICAL UNMANNED AERIAL VEHI19 CLES. 

20 Section 141(a)(1) of the National Defense Authoriza21 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

22 Stat. 3164) is amended by striking ‘‘, until such time as 

23 the Tactical Common Data Link is replace by an updated 

24 standard for use by those vehicles’’ and inserting ‘‘or a data 
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1 link that uses waveform capable of transmitting and receiv2 ing Internet Protocol communications’’. 

3 TITLE II—RESEARCH, DEVELOP4 MENT, TEST, AND EVALUA5 TION 

6 Subtitle A—Authorization of 

7 Appropriations 

8 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—Funds are hereby authorized to be 

10 appropriated for fiscal year 2010 for the use of the Depart11 ment of Defense for research, development, test, and evalua12 tion as follows: 

13 (1) For the Army, $10,863,003,000. 

14 (2) For the Navy, $19,597,696,000. 

15 (3) For the Air Force, $28,693,952,000. 

16 (4) For Defense-wide activities, $20,555,270,000. 

17 (5) For Operational Test and Evaluation, De18 fense, $190,770,000. 

19 (b) FUNDING TABLE.—The amounts authorized to be 

20 appropriated by subsection (a) shall be available, in accord21 ance with the requirements of section 4001, for projects, pro22 grams, and activities, and in the amounts, specified in the 

23 funding table in section 4201. 
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1 Subtitle B—Program Requirements, 

2 Restrictions, and Limitations 

3 SEC. 211. LIMITATION ON USE OF FUNDS FOR AN ALTER4 NATIVE PROPULSION SYSTEM FOR THE F–35 

5 JOINT STRIKE FIGHTER PROGRAM; INCREASE 

6 IN FUNDING FOR PROCUREMENT OF UH–1Y/ 

7 AH–1Z ROTARY WING AIRCRAFT AND FOR 

8 MANAGEMENT RESERVES FOR THE F–35 

9 JOINT STRIKE FIGHTER PROGRAM. 

10 (a) LIMITATION ON USE OF FUNDS FOR AN ALTER11 NATIVE PROPULSION SYSTEM FOR THE F–35 JOINT STRIKE

12 FIGHTER PROGRAM.—None of the funds authorized to be 

13 appropriated or otherwise made available by this Act may 

14 be obligated or expended for the development or procurement 

15 of an alternate propulsion system for the F–35 Joint Strike 

16 Fighter program until the Secretary of Defense submits to 

17 the congressional defense committees a certification in writ18 ing that the development and procurement of the alternate 

19 propulsion system— 

20 (1) will— 

21 (A) reduce the total life-cycle costs of the F– 

22 35 Joint Strike Fighter program; and 

23 (B) improve the operational readiness of the 

24 fleet of F–35 Joint Strike Fighter aircraft; and 

25 (2) will not— 
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1 (A) disrupt the F–35 Joint Strike Fighter 

2 program during the research, development, and 

3 procurement phases of the program; or 

4 (B) result in the procurement of fewer F–35 

5 Joint Strike Fighter aircraft during the life cycle 

6 of the program. 

7 (b) ADDITIONAL AMOUNT FOR UH–1Y/AH–1Z RO8 TARY WING AIRCRAFT.—The amount authorized to be ap9 propriated by section 102(a)(1) for aircraft procurement for 

10 the Navy is increased by $282,900,000, with the amount 

11 of the increase to be allocated to amounts available for the 

12 procurement of UH–1Y/AH–1Z rotary wing aircraft. 

13 (c) RESTORATION OF MANAGEMENT RESERVES FOR

14 F–35 JOINT STRIKE FIGHTER PROGRAM.— 

15 (1) NAVY JOINT STRIKE FIGHTER.—The amount 

16 authorized to be appropriated by section 201(a)(2) for 

17 research, development, test, and evaluation for the 

18 Navy is hereby increased by $78,000,000, with the 

19 amount of the increase to be allocated to amounts 

20 available for the Joint Strike Fighter program (PE # 

21 0604800N) for management reserves. 

22 (2) AIR FORCE JOINT STRIKE FIGHTER.—The 

23 amount authorized to be appropriated by section 

24 201(a)(3) for research, development, test, and evalua25 tion for the Air Force is hereby increased by 
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1 $78,000,000, with the amount of the increase to be al2 located to amounts available for the Joint Strike 

3 Fighter program (PE # 0604800F) for management 

4 reserves. 

5 (d) OFFSETS.— 

6 (1) NAVY JOINT STRIKE FIGHTER F136 DEVELOP7 MENT.—The amount authorized to be appropriated by 

8 section 201(a)(2) for research, development, test, and 

9 evaluation for the Navy is hereby decreased by 

10 $219,450,000, with the amount of the decrease to be 

11 derived from amounts available for the Joint Strike 

12 Fighter (PE # 0604800N) for F136 development. 

13 (2) AIR FORCE JOINT STRIKE FIGHTER F136 DE14 VELOPMENT.—The amount authorized to be appro15 priated by section 201(a)(3) for research, develop16 ment, test, and evaluation for the Air Force is hereby 

17 decreased by $219,450,000, with the amount of the de18 crease to be derived from amounts available for the 

19 Joint Strike Fighter (PE # 0604800F) for F136 de20 velopment. 
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1 SEC. 212. ENHANCEMENT OF DUTIES OF DIRECTOR OF DE2 PARTMENT OF DEFENSE TEST RESOURCE 

3 MANAGEMENT CENTER WITH RESPECT TO 

4 THE MAJOR RANGE AND TEST FACILITY BASE. 

5 (a) AUTHORITY TO REVIEW PROPOSALS FOR SIGNIFI6 CANT CHANGES.—Section 196(c) of title 10, United States 

7 Code, is amended— 

8 (1) in paragraph (1), by redesignating subpara9 graphs (A) and (B) as clauses (i) and (ii), respec10 tively; 

11 (2) by redesignating paragraphs (1) through (4) 

12 as subparagraphs (A) through (D), respectively; 

13 (3) by inserting ‘‘(1)’’ before ‘‘The Director’’; 

14 (4) by redesignating subparagraphs (B), (C), 

15 and (D), as so redesignated, as subparagraphs (C), 

16 (D), and (E), respectively; and 

17 (5) by inserting after subparagraph (A), as so 

18 redesignated, the following new subparagraph (B): 

19 ‘‘(B) To review proposed significant changes to 

20 the test and evaluation facilities and resources of the 

21 Major Range and Test Facility Base before they are 

22 implemented by the Secretaries of the military de23 partments or the heads of the Defense Agencies with 

24 test and evaluation responsibilities and advise the 

25 Secretary of Defense and the Under Secretary of Ac26 quisition, Technology, and Logistics of the impact of 
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1 such changes on the adequacy of such test and evalua2 tion facilities and resources to meet the test and eval3 uation requirements of the Department.’’. 

4 (b) ACCESS TO RECORDS AND DATA.—Such section is 

5 further amended by adding at the end the following new 

6 paragraph: 

7 ‘‘(2) The Director shall have access to all records and 

8 data of the test and evaluation activities, facilities, and ele9 ments of the Major Range and Test Facility Base, including 

10 the records and data of each military department and De11 fense Agency, that the Director considers necessary in order 

12 to carry out the Director’s duties under paragraph (1)(B).’’. 

13 SEC. 213. GUIDANCE ON SPECIFICATION OF FUNDING RE14 QUESTED FOR OPERATION, SUSTAINMENT, 

15 MODERNIZATION, AND PERSONNEL OF 

16 MAJOR RANGES AND TEST FACILITIES. 

17 (a) GUIDANCE ON SPECIFICATION OF FUNDING.—The 

18 Secretary of Defense shall, acting through the Under Sec19 retary of Defense (Comptroller) and the Director of the De20 partment of Defense Test Resource Management Center, 

21 issue guidance on the specification by the military depart22 ments and Defense Agencies of amounts to be requested in 

23 the budget of the President for a fiscal year (as submitted 

24 to Congress pursuant to section 1105(a) of title 31, United 

25 States Code) for funding for each facility and resource of 
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1 the Major Range and Test Facility Base in connection with 

2 each of the following: 

3 (1) Operation. 

4 (2) Sustainment. 

5 (3) Investment and modernization. 

6 (4) Government personnel. 

7 (5) Contractor personnel. 

8 (b) APPLICABILITY.—The guidance issued under sub9 section (a) shall apply with respect to budgets of the Presi10 dent for fiscal years after fiscal year 2010. 

11 (c) MAJOR RANGE AND TEST FACILITY BASE DE12 FINED.—In this section, the term ‘‘Major Range and Test 

13 Facility Base’’ has the meaning given that term in section 

14 196(h) of title 10, United States Code. 

15 SEC. 214. PERMANENT AUTHORITY FOR THE JOINT DE16 FENSE MANUFACTURING TECHNOLOGY 

17 PANEL. 

18 Section 2521 of title 10, United States Code, is amend19 ed— 

20 (1) by redesignating subsection (e) as subsection 

21 (f); and 

22 (2) by inserting after subsection (d) the following 

23 new subsection (e): 
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1 ‘‘(e) JOINT DEFENSE MANUFACTURING TECHNOLOGY

2 PANEL.—(1) There is in the Department of Defense the 

3 Joint Defense Manufacturing Technology Panel. 

4 ‘‘(2)(A) The Chair of the Joint Defense Manufacturing 

5 Technology Panel shall be the head of the Panel. The Chair 

6 shall be appointed, on a rotating basis, from among the ap7 propriate personnel of the military departments and De8 fense Agencies with manufacturing technology programs. 

9 ‘‘(B) The Panel shall be composed of at least one indi10 vidual from among appropriate personnel of each military 

11 department and Defense Agency with manufacturing tech12 nology programs. The Panel may include as ex-officio mem13 bers such individuals from other government organizations, 

14 academia, and industry as the Chair considers appropriate. 

15 ‘‘(3) The purposes of the Panel shall be as follows: 

16 ‘‘(A) To identify and integrate requirements for 

17 the program. 

18 ‘‘(B) To conduct joint planning for the program. 

19 ‘‘(C) To develop joint strategies for the program. 

20 ‘‘(4) In carrying out the purposes specified in para21 graph (3), the Panel shall perform the functions as follows: 

22 ‘‘(A) Conduct comprehensive reviews and assess23 ments of defense-related manufacturing issues being 

24 addressed by the manufacturing technology programs 

25 and related activities of the Department of Defense. 
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1 ‘‘(B) Execute strategic planning to identify joint 

2 planning opportunities for increased cooperation in 

3 the development and implementation of technological 

4 products and the leveraging of funding for such pur5 poses with the private sector and other government 

6 agencies. 

7 ‘‘(C) Ensure the integration and coordination of 

8 requirements and programs under the program with 

9 Office of the Secretary of Defense and other national10 level initiatives, including the establishment of infor11 mation exchange processes with other government 

12 agencies, private industry, academia, and profes13 sional associations. 

14 ‘‘(D) Conduct such other functions as the Under 

15 Secretary of Defense for Acquisition, Technology, and 

16 Logistics shall specify. 

17 ‘‘(5) The Panel shall report to and receive direction 

18 from the Director of Defense Research and Engineering on 

19 manufacturing technology issues of multi-service concern 

20 and application. 

21 ‘‘(6) The administrative expenses of the Panel shall be 

22 borne by each military department and Defense Agency 

23 with manufacturing technology programs in such manner 

24 as the Panel shall provide.’’. 
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1 SEC. 215. EXTENSION AND ENHANCEMENT OF GLOBAL RE2 SEARCH WATCH PROGRAM. 

3 (a) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS

4 FOR MILITARY DEPARTMENTS PENDING PROVISION OF AS5 SISTANCE UNDER PROGRAM.—Subsection (d) of section 

6 2365 of title 10, United States Code, is amended by adding 

7 at the end the following new paragraph: 

8 ‘‘(3)(A) Funds available to a military department for 

9 a fiscal year for monitoring or analyzing the research ac10 tivities and capabilities of foreign nations may not be obli11 gated or expended until the Director certifies to the Under 

12 Secretary of Defense for Acquisition, Technology, and Lo13 gistics that the Secretary of such military department has 

14 provided the assistance required under paragraph (2). 

15 ‘‘(B) The limitation in subparagraph (A) shall not be 

16 construed to alter or effect the availability to a military 

17 department of funds for intelligence activities.’’. 

18 (b) FOUR-YEAR EXTENSION OF PROGRAM.—Sub19 section (f) of such section is amended by striking ‘‘Sep20 tember 30, 2011’’ and inserting ‘‘September 30, 2015’’. 

21 SEC. 216. THREE-YEAR EXTENSION OF AUTHORITY FOR 

22 PRIZES FOR ADVANCED TECHNOLOGY 

23 ACHIEVEMENTS. 

24 Section 2374a(f) of title 10, United States Code, is 

25 amended by striking ‘‘September 30, 2010’’ and inserting 

26 ‘‘September 30, 2013’’. 
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1 SEC. 217. MODIFICATION OF REPORT REQUIREMENTS RE2 GARDING DEFENSE SCIENCE AND TECH3 NOLOGY PROGRAM. 

4 Section 212 of the National Defense Authorization Act 

5 for Fiscal Year 2000 (10 U.S.C. 2501 note) is amended by 

6 striking subsection (b), (c), and (d) and inserting the fol7 lowing new subsections: 

8 ‘‘(b) FUNDING OBJECTIVE.—It is the sense of Congress 

9 that it should be an objective of the Secretary of Defense 

10 to increase the budget for the Defense Science and Tech11 nology Program, including the science and technology pro12 gram of each military department, for each fiscal year after 

13 fiscal year 2010 over the budget for that program for the 

14 preceding fiscal year by a percent that is at least equal to 

15 the rate of inflation, as determined by the Office of Manage16 ment and Budget. 

17 ‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY WITH

18 OBJECTIVE.—If the proposed budget of the Department of 

19 Defense for a fiscal year fails to comply with the objective 

20 set forth in subsection (b), the Secretary of Defense shall 

21 submit to the congressional defense committees each of the 

22 following: 

23 ‘‘(1) Not later than 60 days after the proposed 

24 budget is submitted to Congress, a detailed, 

25 prioritized list, including estimates of required fund26 ing, of proposals for science and technology projects 
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1 received by the Department through competitive so2 licitations in the fiscal year preceding the fiscal year 

3 covered by the proposed budget which were not funded 

4 but represent science and technology opportunities 

5 that support the research and development programs 

6 and goals of the military departments and the De7 fense Agencies. 

8 ‘‘(2) Not later than six months after the proposed 

9 budget is submitted to Congress, an independent as10 sessment, in both classified and unclassified form (as 

11 necessary), of any research, technology, or engineering 

12 areas that are of interest to the Department in which 

13 the United States may not have global technical lead14 ership within the next 10 years. 

15 ‘‘(d) SUNSET.—The requirements of this section shall 

16 terminate on December 31, 2014.’’. 

17 SEC. 218. PROGRAMS FOR GROUND COMBAT VEHICLE AND 

18 SELF PROPELLED HOWITZER CAPABILITIES 

19 FOR THE ARMY. 

20 (a) PROGRAMS REQUIRED.— 

21 (1) IN GENERAL.—The Secretary of Defense shall 

22 carry out a separate program to achieve each of the 

23 following: 

24 (A) The development, test, and fielding of 

25 an operationally effective, suitable, survivable, 
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1 and affordable next generation ground combat 

2 vehicle for the Army. 

3 (B) The development, test, and fielding of 

4 an operationally effective, suitable, survivable, 

5 and affordable next generation self-propelled 

6 howitzer capability for the Army. 

7 (2) COMPLIANCE WITH CERTAIN ACQUISITION

8 REQUIREMENTS.—Each program under paragraph 

9 (1) shall comply with the requirements of the Weap10 ons Systems Acquisition Reform Act of 2009, and the 

11 amendments made by that Act. 

12 (b) STRATEGY AND PLAN FOR ACQUISITION.— 

13 (1) IN GENERAL.—Not later than March 31, 

14 2010, the Secretary shall submit to the congressional 

15 defense committees a report setting forth a strategy 

16 and plan for the acquisition of weapon systems under 

17 the programs required by subsection (a). Each strat18 egy and plan shall include measurable goals and ob19 jectives for the acquisition of such weapon systems, 

20 and shall identify all proposed major development, 

21 testing, procurement, and fielding events toward the 

22 achievement of such goals and objectives. 

23 (2) ELEMENTS.—In developing each strategy 

24 and plan under paragraph (1), the Secretary shall 

25 consider the following: 
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1 (A) A single vehicle or family of vehicles 

2 utilizing a common chassis and automotive com3 ponents. 

4 (B) The incorporation of weapon, vehicle, 

5 communications, network, and system of systems 

6 common operating environment technologies de7 veloped under the Future Combat Systems pro8 gram. 

9 (c) ANNUAL REPORTS.— 

10 (1) REPORTS REQUIRED.—The Secretary shall 

11 submit to the congressional defense committees, at the 

12 same time the President submits to Congress the 

13 budget for each of fiscal years 2011 through 2015 (as 

14 submitted pursuant to section 1105(a) of title 31, 

15 United States Code), a report on the investments pro16 posed to be made under such budget with respect to 

17 each program required by subsection (a). 

18 (2) ELEMENTS.—Each report under paragraph 

19 (1) shall set forth, for the fiscal year covered by the 

20 budget with which such report is submitted— 

21 (A) the manner in which amounts requested 

22 in such budget would be available for each pro23 gram required by subsection (a); and 

24 (B) an assessment of the extent to which 

25 utilizing such amount in such manner would 
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1 improve ground combat capabilities for the 

2 Army. 

3 SEC. 219. ASSESSMENT OF TECHNOLOGICAL MATURITY AND 

4 INTEGRATION RISK OF ARMY MODERNIZA5 TION PROGRAMS. 

6 (a) ASSESSMENT REQUIRED.—The Director of Defense 

7 Research and Engineering shall, in consultation with the 

8 Director of Developmental Test and Evaluation, review and 

9 assess the technological maturity and integration risk of 

10 critical technologies (as jointly identified by the Director 

11 and the Secretary of the Army for purposes of this section) 

12 of Army modernization programs and appropriate associ13 ated programs, including the programs as follows: 

14 (1) Manned Ground Vehicle and Ground Combat 

15 Vehicle. 

16 (2) Future Combat Systems network hardware 

17 and software. 

18 (3) Warfighter Information Network–Tactical, 

19 Increment 3. 

20 (4) Joint Tactical Radio System. 

21 (5) Reconnaissance unmanned aerial vehicles. 

22 (6) Future Combat Systems Spin Out tech23 nologies. 
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1 (7) Any other programs jointly identified by the 

2 Director and the Secretary for purposes of this sec3 tion. 

4 (b) REPORT.—Not later than nine months after the 

5 date of the enactment of this Act, the Secretary of Defense 

6 shall submit to the congressional defense committees a re7 port on the technological maturity and integration risk of 

8 critical technologies of Army modernization and associated 

9 programs covered by the review and assessment required 

10 under subsection (a), as determined pursuant to that assess11 ment. 

12 SEC. 220. ASSESSMENT OF STRATEGY FOR TECHNOLOGY 

13 FOR MODERNIZATION OF THE COMBAT VEHI14 CLE AND TACTICAL WHEELED VEHICLE 

15 FLEETS. 

16 (a) INDEPENDENT ASSESSMENT OF STRATEGY RE17 QUIRED.— 

18 (1) IN GENERAL.—Not later than 30 days after 

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

20 Defense shall enter into a contract with an appro21 priate entity independent of the United States Gov22 ernment to conduct an independent assessment of cur23 rent, anticipated, and potential research and engi24 neering activities for or applicable to the moderniza-
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1 tion of the combat vehicle fleet and tactical wheeled 

2 vehicle fleet of the Department of Defense. 

3 (2) ACCESS TO INFORMATION AND RESOURCES.— 

4 The Secretary shall provide the entity with which the 

5 Secretary contracts under paragraph (1) access to 

6 such information and resources as are appropriate to 

7 conduct the assessment required by that paragraph. 

8 (b) REPORT.— 

9 (1) IN GENERAL.—The contract required by sub10 section (a) shall provide that the entity with which 

11 the Secretary contracts under that subsection shall 

12 submit to the Secretary of Defense and the congres13 sional defense committees a report on the assessment 

14 required by that subsection not later than December 

15 31, 2010. 

16 (2) ELEMENTS.—The report required by para17 graph (1) shall include the following: 

18 (A) A detailed discussion of the require19 ments and capability needs identified or pro20 posed for current and prospective combat vehicles 

21 and tactical wheeled vehicles. 

22 (B) An identification of capability gaps for 

23 combat vehicles and tactical wheeled vehicles 

24 based on lessons learned from recent conflicts 

25 and an assessment of emerging threats. 
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1 (C) An identification of the critical tech2 nology elements or integration risks associated 

3 with particular categories of combat vehicles and 

4 tactical wheeled vehicles, and with particular 

5 missions of such vehicles. 

6 (D) Recommendations for a plan to develop 

7 and deploy within the next 10 years critical 

8 technology capabilities to address the capability 

9 gaps identified pursuant to subparagraph (B), 

10 including an identification of high priority 

11 science and technology, research & engineering, 

12 and prototyping opportunities. 

13 (E) Such other matters as the Secretary 

14 considers appropriate. 

15 SEC. 221. SYSTEMS ENGINEERING AND PROTOTYPING PRO16 GRAM. 

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

18 shall, acting through the Under Secretary of Defense for Ac19 quisition, Technology, and Logistics, carry out a program 

20 to encourage and fund systems engineering and prototyping 

21 efforts in support of Department of Defense goals and mis22 sions. 

23 (b) OBJECTIVES.—The objectives of the program re24 quired by subsection (a) shall be as follows: 
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1 (1) To develop system prototypes for systems that 

2 provide capabilities supportive of addressing Depart3 ment of Defense goals, needs, and requirements. 

4 (2) To successfully demonstrate new systems in 

5 relevant environments. 

6 (3) To encourage the training of systems engi7 neers and the development of systems engineering 

8 tools and practices. 

9 (c) SELECTION OF PROJECTS.— 

10 (1) PROGRAM AREAS.—The Under Secretary of 

11 Defense for Acquisition, Technology, and Logistics 

12 shall, in consultation with the military departments 

13 and the Defense Agencies, designate general areas for 

14 systems engineering and prototype projects under the 

15 program required by subsection (a). 

16 (2) SOLICITATION OF PROJECTS.—The Under 

17 Secretary shall solicit for the selection of projects 

18 under the program within the areas designated under 

19 paragraph (1) from among other government entities, 

20 federally-funded research and development centers, 

21 academia, the private sector, and such other persons, 

22 organizations, and entities as the Under Secretary 

23 considers appropriate. 

24 (3) SELECTION.—The Under Secretary shall se25 lect projects for implementation under the program 
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1 from among responses to the solicitations made under 

2 paragraph (2). The Under Secretary shall select such 

3 projects on a competitive basis. 

4 (d) IMPLEMENTATION OF PROJECTS.—For each project 

5 selected under subsection (c)(3), the Under Secretary of De6 fense for Acquisition, Technology, and Logistics shall des7 ignate a military department or Defense Agency to imple8 ment the project as part of the program required by sub9 section (a). 

10 (e) FUNDING OF PROJECTS.— 

11 (1) IN GENERAL.—The Under Secretary of De12 fense for Acquisition, Technology, and Logistics shall, 

13 subject to paragraphs (2) and (3), provide funds for 

14 each project selected under subsection (c)(3) in an 

15 amount jointly determined by the Under Secretary 

16 and the acquisition executive of the military depart17 ment or Defense Agency concerned. 

18 (2) LIMITATION ON AMOUNT OF FUNDS.—The 

19 amount of funds provided to a project under para20 graph (1) shall be not greater than the amount equal 

21 to 50 percent of the total cost of the project. 

22 (3) LIMITATION ON PERIOD OF FUNDING.—A 

23 project may not be provided funds under this sub24 section for more than three fiscal years. 
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1 (4) SOURCE OF OTHER FUNDING.—Any funds re2 quired for a project under this section that are not 

3 provided under this subsection shall be derived from 

4 funds available to the military department or Defense 

5 Agency concerned, or another appropriate source 

6 other than this subsection. 

7 (f) ANNUAL REPORT.—Not later than March 31 each 

8 year, the Under Secretary of Defense for Acquisition, Tech9 nology, and Logistics shall submit to the congressional de10 fense committees a report on the activities carried out under 

11 the program required by subsection (a) during the preceding 

12 fiscal year. 

13 (g) ACQUISITION EXECUTIVE DEFINED.—In this sec14 tion, the term ‘‘acquisition executive’’, with respect to a 

15 military department or Defense Agency, means the official 

16 designated as the senior procurement executive for the mili17 tary department or Defense Agency for the purposes of sec18 tion 16(c) of the Office of Federal Procurement Policy Act 

19 (41 U.S.C. 414 (c)). 

20 Subtitle C—Missile Defense 

21 Programs 

22 SEC. 241. SENSE OF CONGRESS ON BALLISTIC MISSILE DE23 FENSE. 

24 It is the sense of Congress that— 
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1 (1) the United States should develop, test, field, 

2 and maintain operationally effective, cost-effective, af3 fordable, reliable, suitable, and survivable ballistic 

4 missile defense systems that are capable of defending 

5 the United States, its forward-deployed forces, allies, 

6 and other friendly nations from the threat of ballistic 

7 missile attacks from nations such as North Korea and 

8 Iran; 

9 (2) the missile defense force structure and inven10 tory levels of such missile defense systems should be 

11 determined based on an assessment of ballistic missile 

12 threats and a determination by senior military lead13 ers, combatant commanders, and defense officials of 

14 the requirements and capabilities needed to address 

15 those threats; and 

16 (3) the test and evaluation program for such 

17 missile defense systems should be rigorous, robust, 

18 operationally realistic, and capable of providing a 

19 high level of confidence in the capability of such sys20 tems (including their continuing effectiveness over the 

21 course of their service lives), and adequate resources 

22 should be available for that test and evaluation pro23 gram (including interceptor missiles and targets for 

24 flight tests). 
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1 SEC. 242. COMPREHENSIVE PLAN FOR TEST AND EVALUA2 TION OF THE BALLISTIC MISSILE DEFENSE 

3 SYSTEM. 

4 (a) PLAN REQUIRED.— 

5 (1) IN GENERAL.—The Secretary of Defense shall 

6 establish a comprehensive plan for the developmental 

7 and operational testing and evaluation of the Bal8 listic Missile Defense System and its various elements. 

9 (2) PERIOD OF PLAN.—The plan shall cover the 

10 period covered by the future-years defense program 

11 that is submitted to Congress under section 221 of 

12 title 10, United States Code, at or about the same 

13 time as the submittal to Congress of the budget of the 

14 President for fiscal year 2011. 

15 (3) INPUT.—In establishing the plan, the Sec16 retary shall receive input on matters covered by the 

17 plan from the following: 

18 (A) The Director of the Missile Defense 

19 Agency. 

20 (B) The Director of Operational Test and 

21 Evaluation. 

22 (C) The operational test components of the 

23 military departments. 

24 (b) ELEMENTS.—The plan required by subsection (a) 

25 shall include, with regard to developmental and operational 
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1 testing of the Ballistic Missile Defense System, the fol2 lowing: 

3 (1) Test and evaluation objectives. 

4 (2) Test and evaluation criteria and metrics. 

5 (3) Test and evaluation procedures and method6 ology. 

7 (4) Data requirements. 

8 (5) System and element configuration under test. 

9 (6) Approaches to verification, validation, and 

10 accreditation of models and simulations. 

11 (7) The relative role of models and simulations, 

12 ground tests, and flight tests in achieving the objec13 tives of the plan. 

14 (8) Test infrastructure and resources, including 

15 test range limitations and potential range enhance16 ments. 

17 (9) Test readiness review approaches and meth18 odology. 

19 (10) Testing for system and element integration 

20 and interoperability. 

21 (11) Means for achieving operational realism 

22 and means of demonstrating operational effectiveness, 

23 suitability and survivability. 

24 (12) Detailed descriptions of planned tests. 
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1 (13) A description of the resources required to 

2 implement the plan. 

3 (c) REPORT.— 

4 (1) IN GENERAL.—Not later than March 1, 2011, 

5 the Secretary shall submit to the congressional defense 

6 committees a report setting forth and describing the 

7 plan required by subsection (a) and each of the ele8 ments required in the plan under subsection (b). 

9 (2) ADDITIONAL INFORMATION ON GROUND10 BASED MIDCOURSE DEFENSE.—The report required 

11 by this subsection shall, in addition to the matters 

12 specified in paragraph (1), include a detailed descrip13 tion of the test and evaluation activities pertaining to 

14 the Ground-based Midcourse Defense (GMD) element 

15 of the Ballistic Missile Defense System as follows: 

16 (A) Plans for salvo testing. 

17 (B) Plans for multiple simultaneous engage18 ment testing. 

19 (C) Plans for intercept testing using the 

20 Cobra Dane radar as the engagement sensor. 

21 (D) Plans to test and demonstrate the abil22 ity of the system to accomplish its mission over 

23 the planned term of its operational service life 

24 (also known as ‘‘sustainment testing’’). 
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1 (3) FORM.—The report required by this sub2 section shall be submitted in unclassified form, but 

3 may include a classified annex. 

4 SEC. 243. ASSESSMENT AND PLAN FOR THE GROUND-BASED 

5 MIDCOURSE DEFENSE ELEMENT OF THE BAL6 LISTIC MISSILE DEFENSE SYSTEM. 

7 (a) SENSE OF CONGRESS.—It is the sense of Congress 

8 that— 

9 (1) the Ground-based Midcourse Defense (GMD) 

10 element of the Ballistic Missile Defense System should 

11 be an operationally effective, cost-effective, affordable, 

12 reliable, suitable, and survivable system capable of de13 fending the United States from the threat of long14 range missile attacks from nations such as North 

15 Korea and Iran, and adequate resources should be 

16 available to create and maintain such a capability 

17 (including continuing effectiveness over the course of 

18 its service life); 

19 (2) the force structure and inventory levels of the 

20 Ground-based Midcourse Defense element should be 

21 determined based on an assessment of ballistic missile 

22 threats from nations such as North Korea and Iran 

23 and a determination by senior military leaders, com24 batant commanders, and defense officials of the re-
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1 quirements and capabilities needed to address those 

2 threats; and 

3 (3) the test and evaluation program for the 

4 Ground-based Midcourse Defense element should be 

5 rigorous, robust, operationally realistic, and capable 

6 of providing a high degree of confidence in the capa7 bility of the system (including testing to demonstrate 

8 the continuing effectiveness of the system over the 

9 course of its service life), and adequate resources 

10 should be available for that test and evaluation pro11 gram (including interceptor missiles and targets for 

12 flight tests). 

13 (b) ASSESSMENT REQUIRED.— 

14 (1) IN GENERAL.—As part of the Quadrennial 

15 Defense Review and the Ballistic Missile Defense Re16 view, the Secretary of Defense shall conduct an assess17 ment of the following: 

18 (A) Ground-based Midcourse Defense ele19 ment of the Ballistic Missile Defense System. 

20 (B) Future options for the Ground-based 

21 Midcourse Defense element. 

22 (2) ELEMENTS.—The assessment required by 

23 paragraph (1) shall include an assessment of the fol24 lowing: 
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1 (A) The ballistic missile threat against 

2 which the Ground-based Midcourse Defense ele3 ment is intended to defend. 

4 (B) The military requirement for Ground5 based Midcourse Defense capabilities against 

6 such missile threat. 

7 (C) The current capabilities of the Ground8 based Midcourse Defense element. 

9 (D) The planned capabilities of the Ground10 based Midcourse Defense element, if different 

11 from the capabilities under subparagraph (B). 

12 (E) The force structure and inventory levels 

13 necessary for the Ground-based Midcourse De14 fense element to achieve the planned capabilities 

15 of that element, including an analysis of the 

16 costs and the potential advantages and disadvan17 tages of deploying 44 operational Ground-based 

18 Interceptor missiles. 

19 (F) The infrastructure necessary to achieve 

20 such capabilities, including the number and lo21 cation of operational silos. 

22 (G) The number of Ground-based Inter23 ceptor missiles necessary for operational assets, 

24 test assets (including developmental and oper-
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1 ational test assets and aging and surveillance 

2 test assets), and spare missiles. 

3 (3) REPORT.—At or about the same time the 

4 budget of the President for fiscal year 2011 is sub5 mitted to Congress pursuant to section 1105 of title 

6 31, United States Code, the Secretary shall submit to 

7 the congressional defense committees a report setting 

8 forth the results of the assessment required by para9 graph (1). The report shall be in unclassified form, 

10 but may include a classified annex. 

11 (c) PLAN REQUIRED.— 

12 (1) IN GENERAL.—In addition to the assessment 

13 required by subsection (b), the Secretary shall estab14 lish a plan for the Ground-based Midcourse Defense 

15 element of the Ballistic Missile Defense System. The 

16 plan shall cover the period of the future-years defense 

17 program that is submitted to Congress under section 

18 221 of title 10, United States Code, at or about the 

19 same time as the submittal to Congress of the budget 

20 of the President for fiscal year 2011. 

21 (2) ELEMENTS.—The plan required by para22 graph (1) shall include the following elements: 

23 (A) The schedule for achieving the planned 

24 capability of the Ground-based Midcourse De25 fense element, including the completion of oper-
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1 ational silos, the delivery of operational Ground2 Based Interceptors, and the deployment of such 

3 interceptors in those silos. 

4 (B) The plan for funding the development, 

5 production, deployment, testing, improvement, 

6 and sustainment of the Ground-based Midcourse 

7 Defense element. 

8 (C) The plan to maintain the operational 

9 effectiveness of the Ground-based Midcourse De10 fense element over the course of its service life, 

11 including any modernization or capability en12 hancement efforts, and any sustainment efforts. 

13 (D) The plan for flight testing the Ground14 based Midcourse Defense element, including 

15 aging and surveillance tests to demonstrate the 

16 continuing effectiveness of the system over the 

17 course of its service life. 

18 (E) The plan for production of Ground19 Based Interceptor missiles necessary for oper20 ational assets, developmental and operational 

21 test assets, aging and surveillance test assets, and 

22 spare missiles. 

23 (3) REPORT.—At or about the same time the 

24 budget of the President for fiscal year 2011 is sub25 mitted to Congress pursuant to section 1105 of title 
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1 31, United States Code, the Secretary shall submit to 

2 the congressional defense committees a report setting 

3 forth the plan required by paragraph (1). The report 

4 shall be in unclassified form, but may include a clas5 sified annex. 

6 (d) CONSTRUCTION.—Nothing in this section shall be 

7 construed as altering or revising the continued production 

8 of all Ground-Based Interceptor missiles on contract as of 

9 June 23, 2009. 

10 (e) COMPTROLLER GENERAL REVIEW.—The Comp11 troller General of the United States shall— 

12 (1) review the assessment required by subsection 

13 (b) and the plan required by subsection (c); and 

14 (2) not later than 120 days after receiving the 

15 assessment and the plan, provide to the congressional 

16 defense committees the results of the review. 

17 SEC. 244. REPORT ON POTENTIAL MISSILE DEFENSE CO18 OPERATION WITH RUSSIA. 

19 (a) REPORT REQUIRED.— 

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

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

22 Defense shall submit to the congressional defense com23 mittees a report setting forth potential options for co24 operation among or between the United States, the 
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1 North Atlantic Treaty Organization (NATO), and the 

2 Russian Federation on ballistic missile defense. 

3 (2) FORM.—The report shall be submitted in un4 classified form, but may include a classified annex. 

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

6 shall include the following: 

7 (1) A description of proposals made by the 

8 United States, the North Atlantic Treaty Organiza9 tion, or the Russian Federation since January 1, 

10 2007, for potential missile defense cooperation among 

11 or between such countries and that organization, in12 cluding data sharing, cooperative regional missile de13 fense architectures, joint exercises, and transparency 

14 and confidence building measures. 

15 (2) A description of options for the sharing by 

16 such countries and that organization of ballistic mis17 sile surveillance or early warning data, including 

18 data from the Russian early warning radars at 

19 Gabala in Azerbaijan, and Armavir in southern Rus20 sia or other radars, such as the United States radar 

21 proposed for deployment in the Czech Republic. 

22 (3) An assessment of the potential for implemen23 tation of the agreement between the United States and 

24 the Russian Federation on the establishment of a 

25 Joint Data Exchange Center. 
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1 (4) An assessment of the potential for missile de2 fense cooperation between the Russian Federation and 

3 the North Atlantic Treaty Organization, including 

4 through the NATO-Russia Council. 

5 (5) An assessment of the potential security bene6 fits to the United States, Russia, and the North At7 lantic Treaty Organization of the cooperation de8 scribed in paragraph (4). 

9 (6) Such other matters as the Secretary considers 

10 appropriate. 

11 SEC. 245. CONTINUED PRODUCTION OF GROUND-BASED IN12 TERCEPTOR MISSILE AND OPERATION OF 

13 MISSILE FIELD 1 AT FORT GREELY, ALASKA. 

14 (a) LIMITATION ON BREAK IN PRODUCTION.—The Sec15 retary of Defense shall ensure that the Missile Defense Agen16 cy does not allow a break in production of the Ground-based 

17 Interceptor missile until the Department of Defense has— 

18 (1) completed the Ballistic Missile Defense Re19 view; and 

20 (2) made a determination with respect to the 

21 number of Ground-based Interceptor missiles that will 

22 be necessary to support the service life of the Ground23 based Midcourse Defense element of the Ballistic Mis24 sile Defense System. 
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1 (b) LIMITATION ON CERTAIN ACTIONS WITH RESPECT

2 TO MISSILE FIELD 1 AND MISSILE FIELD 2 AT FORT

3 GREELY, ALASKA.— 

4 (1) LIMITATION ON DECOMMISSIONING OF MIS5 SILE FIELD 1.—The Secretary of Defense shall ensure 

6 that Missile Field 1 at Fort Greely, Alaska, does not 

7 complete decommissioning until seven silos have been 

8 emplaced at Missile Field 2 at Fort Greely. 

9 (2) LIMITATION WITH RESPECT TO DISPOSITION

10 OF SILOS AT MISSILE FIELD 2.—The Secretary of De11 fense shall ensure that no irreversible decision is made 

12 with respect to the disposition of operational silos at 

13 Missile Field 2 at Fort Greely, Alaska, until that date 

14 that is 60 days after the date on which the reports re15 quired by subsections (b)(3) and (c)(3) of section 243 

16 are submitted to the congressional defense committees. 

17 SEC. 246. SENSE OF SENATE ON AND RESERVATION OF 

18 FUNDS FOR DEVELOPMENT AND DEPLOY19 MENT OF MISSILE DEFENSE SYSTEMS IN EU20 ROPE. 

21 (a) FINDINGS.—The Senate makes the following find22 ings: 

23 (1) In the North Atlantic Treaty Organization 

24 (NATO) Bucharest Summit Declaration of April 3, 

25 2008, the Heads of State and Government partici-
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1 pating in the meeting of the North Atlantic Council 

2 declared that ‘‘[b]allistic missile proliferation poses 

3 an increasing threat to Allies’ forces, territory and 

4 populations. Missile defence forms part of a broader 

5 response to counter this threat. We therefore recognize 

6 the substantial contribution to the protection of Allies 

7 from long-range ballistic missiles to be provided by 

8 the planned deployment of European-based United 

9 States missile defence assets’’. 

10 (2) The Bucharest Summit Declaration also stat11 ed that ‘‘[b]earing in mind the principle of the indi12 visibility of Allied security as well as NATO soli13 darity, we task the Council in Permanent Session to 

14 develop options for a comprehensive missile defence 

15 architecture to extend coverage to all Allied territory 

16 and populations not otherwise covered by the United 

17 States system for review at our 2009 Summit, to in18 form any future political decision’’. 

19 (3) In the Bucharest Summit Declaration, the 

20 North Atlantic Council also reaffirmed to Russia that 

21 ‘‘current, as well as any future, NATO Missile 

22 Defence efforts are intended to better address the secu23 rity challenges we all face, and reiterate that, far 

24 from posing a threat to our relationship, they offer 
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1 opportunities to deepen levels of cooperation and sta2 bility’’. 

3 (4) In the Strasbourg/Kehl Summit Declaration 

4 of April 4, 2009, the heads of state and government 

5 participating in the meeting of the North Atlantic 

6 Council reaffirmed ‘‘the conclusions of the Bucharest 

7 Summit about missile defense,’’ and declared that ‘‘we 

8 judge that missile threats should be addressed in a 

9 prioritized manner that includes consideration of the 

10 level of imminence of the threat and the level of ac11 ceptable risk’’. 

12 (5) Iran is rapidly developing its ballistic mis13 sile capabilities, including its inventory of short14 range and medium-range ballistic missiles that can 

15 strike portions of Eastern and Southern North Atlan16 tic Treaty Organization European territory, as well 

17 as the pursuit of long-range ballistic missiles that 

18 could reach Europe or the United States. 

19 (6) On July 8, 2008, the Government of the 

20 United States and the Government of the Czech Re21 public signed an agreement to base a radar facility 

22 in the Czech Republic that is part of a proposed mis23 sile defense system to protect Europe and the United 

24 States against a potential future Iranian long-range 

25 ballistic missile threat. 
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1 (7) On August 20, 2008, the United States and 

2 the Republic of Poland signed an agreement con3 cerning the deployment of ground-based ballistic mis4 sile defense interceptors in the territory of the Repub5 lic of Poland. 

6 (8) Section 233 of the Duncan Hunter National 

7 Defense Authorization Act for Fiscal Year 2009 (Pub8 lic Law 110–417; 122 Stat. 4393; 10 U.S.C. 2431 

9 note) establishes conditions for the availability of 

10 funds for procurement, construction, and deployment 

11 of the planned missile defense system in Europe, in12 cluding that the host nations must ratify any missile 

13 defense agreements with the United States and that 

14 the Secretary of Defense must certify that the system 

15 has demonstrated the ability to accomplish the mis16 sion. 

17 (9) On April 5, 2009, President Barack Obama, 

18 speaking in Prague, Czech Republic, stated, ‘‘As long 

19 as the threat from Iran persists, we will go forward 

20 with a missile defense system that is cost-effective and 

21 proven. If the Iranian threat is eliminated, we will 

22 have a stronger basis for security, and the driving 

23 force for missile defense construction in Europe will 

24 be removed.’’. 
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1 (10) On June 16, 2009, Deputy Secretary of De2 fense William Lynn testified before the Committee on 

3 Armed Services of the Senate that the United States 

4 Government is reviewing its options for developing 

5 and deploying operationally effective, cost-effective 

6 missile defense capabilities to Europe against poten7 tial future Iranian missile threats, in addition to the 

8 proposed deployment of a missile defense system in 

9 Poland and the Czech Republic. 

10 (11) On July 9, 2009, General James Cart11 wright, the Vice Chairman of the Joint Chiefs of 

12 Staff, testified before the Committee on Armed Serv13 ices of the Senate that the Department of Defense was 

14 considering some 40 different missile defense architec15 ture options for Europe that could provide a ‘‘re16 gional defense capability to protect the nations’’ of 

17 Europe, and a ‘‘redundant capability that would as18 sist in protecting the United States,’’ and that the De19 partment was considering ‘‘what kind of an architec20 ture best suits the defense of the region, the defense of 

21 the homeland, and the regional stability’’. 

22 (b) SENSE OF SENATE.—It is the sense of the Senate 

23 that— 

24 (1) the United States Government should con25 tinue developing and planning for the proposed de-
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1 ployment of elements of a Ground-based Midcourse 

2 Defense (GMD) system, including a midcourse radar 

3 in the Czech Republic and Ground-Based Interceptors 

4 in Poland, consistent with section 233 of the Duncan 

5 Hunter National Defense Authorization Act for Fiscal 

6 Year 2009; 

7 (2) in conjunction with the continued develop8 ment of the planned Ground-based Midcourse Defense 

9 system, the United States should work with its North 

10 Atlantic Treaty Organization allies to explore a range 

11 of options and architectures to provide missile de12 fenses for Europe and the United States against cur13 rent and future Iranian ballistic missile capabilities; 

14 (3) any alternative system that the United States 

15 Government considers deploying in Europe to provide 

16 for the defense of Europe and a redundant defense of 

17 the United States against future long-range Iranian 

18 missile threats should be at least as capable and cost19 effective as the proposed European deployment of the 

20 Ground-based Midcourse Defense system; and 

21 (4) any missile defense capabilities deployed in 

22 Europe should, to the extent practical, be interoper23 able with United States and North Atlantic Treaty 

24 Organization missile defense systems. 
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1 (c) RESERVATION OF FUNDS FOR MISSILE DEFENSE

2 SYSTEMS.— 

3 (1) IN GENERAL.—Of the funds authorized to be 

4 appropriated or otherwise made available for fiscal 

5 years 2009 and 2010 for the Missile Defense Agency 

6 for the purpose of developing missile defenses in Eu7 rope, $353,100,000 shall be available only for the pur8 poses described in paragraph (2). 

9 (2) USE OF FUNDS.—The purposes described in 

10 this paragraph are the following: 

11 (A) Research, development, test, and evalua12 tion of— 

13 (i) the proposed midcourse radar ele14 ment of the Ground-based Midcourse De15 fense system in the Czech Republic; and 

16 (ii) the proposed long-range missile de17 fense interceptor site element of such defense 

18 system in Poland. 

19 (B) Research, development, test, and evalua20 tion, procurement, construction, or deployment of 

21 other missile defense systems designed to protect 

22 Europe, and the United States in the case of 

23 long-range missile threats, from the threats posed 

24 by current and future Iranian ballistic missiles 

25 of all ranges, if the Secretary of Defense submits 
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1 to the congressional defense committees a report 

2 certifying that such systems are expected to be— 

3 (i) consistent with the direction from 

4 the North Atlantic Council to address bal5 listic missile threats to Europe and the 

6 United States in a prioritized manner that 

7 includes consideration of the imminence of 

8 the threat and the level of acceptable risk; 

9 (ii) operationally effective and cost-ef10 fective in providing protection for Europe, 

11 and the United States in the case of long12 range missile threats, against current and 

13 future Iranian ballistic missile threats; and 

14 (iii) interoperable, to the extent prac15 tical, with other components of missile de16 fense and complementary to the missile de17 fense strategy of the North Atlantic Treaty 

18 Organization. 

19 (d) CONSTRUCTION.—Nothing in this section shall be 

20 construed as limiting or preventing the Department of De21 fense from pursuing the development or deployment of oper22 ationally effective and cost-effective ballistic missile defense 

23 systems in Europe. 
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1 SEC. 247. EXTENSION OF DEADLINE FOR STUDY ON BOOST2 PHASE MISSILE DEFENSE. 

3 Section 232(c)(1) of the Duncan Hunter National De4 fense Authorization Act for Fiscal Year 2009 (Public Law 

5 110–417; 122 Stat. 4392) is amended by striking ‘‘October 

6 31, 2010’’ and inserting ‘‘March 1, 2011’’. 

7 Subtitle D—Other Matters 

8 SEC. 251. REPEAL OF REQUIREMENT FOR BIENNIAL JOINT 

9 WARFIGHTING SCIENCE AND TECHNOLOGY 

10 PLAN. 

11 Section 270 of the National Defense Authorization Act 

12 for Fiscal Year 1997 (10 U.S.C. 2501 note) is repealed. 

13 SEC. 252. MODIFICATION OF REPORTING REQUIREMENT 

14 FOR DEFENSE NANOTECHNOLOGY RESEARCH 

15 AND DEVELOPMENT PROGRAM. 

16 Section 246 of the Bob Stump National Defense Au17 thorization Act for Fiscal Year 2003 (Public Law 107–314; 

18 10 U.S.C. 2358 note) is amended by striking subsection (e) 

19 and inserting the following new subsection (e): 

20 ‘‘(e) REPORTS.—The Under Secretary of Defense for 

21 Acquisition, Technology, and Logistics shall submit to the 

22 National Science and Technology Council information on 

23 the program that covers the information described in para24 graphs (1) through (5) of section 2(d) of the 21st Century 

25 Nanotechnology Research and Development Act (15 U.S.C. 
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1 7501(d)) to be included in the annual report submitted by 

2 the Council under that section.’’. 

3 SEC. 253. EVALUATION OF EXTENDED RANGE MODULAR 

4 SNIPER RIFLE SYSTEMS. 

5 (a) IN GENERAL.—Not later than March 31, 2010, the 

6 Assistant Secretary of the Army for Acquisition, Logistics, 

7 and Technology shall conduct a comparative evaluation of 

8 extended range modular sniper rifle systems, including .300 

9 Winchester Magnum, .338 Lapua Magnum, and other cali10 bers. The evaluation shall identify and demonstrate an inte11 grated suite of technologies capable of— 

12 (1) extending the effective range of snipers; 

13 (2) meeting service or unit requirements or oper14 ational need statements; or 

15 (3) closing documented capability gaps. 

16 (b) FUNDING.—The Assistant Secretary of the Army 

17 for Acquisition, Logistics, and Technology shall conduct the 

18 evaluation required by subsection (a) using amounts appro19 priated for fiscal year 2009 for extended range modular 

20 sniper rifle system research (PE # 0604802A) that are un21 obligated. 

22 (c) REPORT.—Not later than April 30, 2010, the As23 sistant Secretary of the Army for Acquisition, Logistics, 

24 and Technology shall submit to the Committee on Armed 

25 Services of the Senate and the Committee on Armed Serv-
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1 ices of the House of Representatives a report containing the 

2 results of the evaluation required by subsection (a), includ3 ing— 

4 (1) detailed ballistics and system performance 

5 data; and 

6 (2) an assessment of the operational capabilities 

7 of extended range modular sniper rifle systems to 

8 meet service or unit requirements or operational need 

9 statements or close documented capabilities gaps. 

10 TITLE III—OPERATION AND 

11 MAINTENANCE 

12 Subtitle A—Authorization of 

13 Appropriations 

14 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

16 hereby authorized to be appropriated for fiscal year 2010 

17 for the use of the Armed Forces and other activities and 

18 agencies of the Department of Defense, for expenses, not oth19 erwise provided for, for operation and maintenance, in 

20 amounts as follows: 

21 (1) For the Army, $30,932,882,000. 

22 (2) For the Navy, $35,890,046,000. 

23 (3) For the Marine Corps, $5,547,223,000. 

24 (4) For the Air Force, $34,053,559,000. 

25 (5) For Defense-wide activities, $27,645,997,000. 
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1 (6) For the Army Reserve, $2,623,796,000. 

2 (7) For the Navy Reserve, $1,278,501,000. 

3 (8) For the Marine Corps Reserve, $228,925,000. 

4 (9) For the Air Force Reserve, $3,079,228,000. 

5 (10) For the Army National Guard, 

6 $6,260,634,000. 

7 (11) For the Air National Guard, 

8 $5,888,461,000. 

9 (12) For the United States Court of Appeals for 

10 the Armed Forces, $13,932,000. 

11 (13) For the Acquisition Development Workforce 

12 Fund, $100,000,000. 

13 (14) For Environmental Restoration, Army, 

14 $415,864,000. 

15 (15) For Environmental Restoration, Navy, 

16 $285,869,000. 

17 (16) For Environmental Restoration, Air Force, 

18 $494,276,000. 

19 (17) For Environmental Restoration, Defense20 wide, $11,100,000. 

21 (18) For Environmental Restoration, Formerly 

22 Used Defense Sites, $267,700,000. 

23 (19) For Overseas Humanitarian, Disaster and 

24 Civic Aid programs, $109,869,000. 
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1 (20) For Cooperative Threat Reduction pro2 grams, $424,093,000. 

3 (21) For Overseas Contingency Operations 

4 Transfer Fund, $5,000,000. 

5 (b) FUNDING TABLE.—The amounts authorized by 

6 subsection (a) shall be available, in accordance with the re7 quirements of section 4001, for projects, programs, and ac8 tivities, and in the amounts, specified in the funding table 

9 in section 4301. 

10 Subtitle B—Environmental 

11 Provisions 

12 SEC. 311. REIMBURSEMENT OF ENVIRONMENTAL PROTEC13 TION AGENCY FOR CERTAIN COSTS IN CON14 NECTION WITH THE FORMER NANSEMOND 

15 ORDNANCE DEPOT SITE, SUFFOLK, VIRGINIA. 

16 (a) AUTHORITY TO REIMBURSE.— 

17 (1) TRANSFER AMOUNT.—Using funds described 

18 in subsection (b) and notwithstanding section 2215 of 

19 title 10, United States Code, the Secretary of Defense 

20 may transfer not more than $68,623 during fiscal 

21 year 2010 to the Former Nansemond Ordnance Depot 

22 Site Special Account, within the Hazardous Sub23 stance Superfund. 

24 (2) PURPOSE OF REIMBURSEMENT.—The pay25 ment under paragraph (1) is final payment to reim-
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1 burse the Environmental Protection Agency for all 

2 costs incurred in overseeing a time critical removal 

3 action performed by the Department of Defense under 

4 the Defense Environmental Restoration Program for 

5 ordnance and explosive safety hazards at the Former 

6 Nansemond Ordnance Depot Site, Suffolk, Virginia. 

7 (3) INTERAGENCY AGREEMENT.—The reimburse8 ment described in paragraph (2) is provided for in an 

9 interagency agreement entered into by the Depart10 ment of the Army and the Environmental Protection 

11 Agency for the Former Nansemond Ordnance Depot 

12 Site in December 1999. 

13 (b) SOURCE OF FUNDS.—Any payment under sub14 section (a) shall be made using funds authorized to be ap15 propriated by section 301(a)(18) for operation and mainte16 nance for Environmental Restoration, Formerly Used De17 fense Sites. 

18 (c) USE OF FUNDS.—The Environmental Protection 

19 Agency shall use the amount transferred under subsection 

20 (a) to pay costs incurred by the Agency at the Former 

21 Nansemond Ordnance Depot Site. 
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1 Subtitle C—Workplace and Depot 

2 Issues 

3 SEC. 321. MODIFICATION OF AUTHORITY FOR ARMY INDUS4 TRIAL FACILITIES TO ENGAGE IN COOPERA5 TIVE ACTIVITIES WITH NON-ARMY ENTITIES. 

6 (a) CLARIFICATION OF AUTHORITY TO ENTER INTO

7 COOPERATIVE AGREEMENTS.—The second sentence of sec8 tion 4544(a) of title 10, United States Code, as added by 

9 section 328(a)(1) of the National Defense Authorization Act 

10 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 66), 

11 is amended by inserting after ‘‘not more than eight con12 tracts or cooperative agreements’’ the following: ‘‘in addi13 tion to the contracts and cooperative agreements in place 

14 as of the date of the enactment of the National Defense Au15 thorization Act for Fiscal Year 2008 (Public Law 110– 

16 181)’’. 

17 (b) ADDITIONAL ELEMENTS REQUIRED FOR ANALYSIS

18 OF USE OF AUTHORITY.—Section 328(b)(2) of the National 

19 Defense Authorization Act for Fiscal Year 2008 (Public 

20 Law 110–181; 122 Stat. 67) is amended— 

21 (1) by striking ‘‘a report assessing the advis22 ability’’ and inserting the following: ‘‘a report— 

23 ‘‘(A) assessing the advisability’’; and 
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1 (2) by striking ‘‘pursuant to such authority.’’ 

2 and inserting the following: ‘‘pursuant to such au3 thority; 

4 ‘‘(B) assessing the benefit to the Federal 

5 Government of using such authority; 

6 ‘‘(C) assessing the impact of the use of such 

7 authority on the availability of facilities needed 

8 by the Army and on the private sector; and 

9 ‘‘(D) describing the steps taken to comply 

10 with the requirements under section 4544(g) of 

11 title 10, United States Code.’’. 

12 SEC. 322. IMPROVEMENT OF INVENTORY MANAGEMENT 

13 PRACTICES. 

14 (a) INVENTORY MANAGEMENT PRACTICES IMPROVE15 MENT PLAN REQUIRED.—Not later than 270 days after the 

16 date of the enactment of this Act, the Secretary of Defense 

17 shall submit to the congressional defense committees a com18 prehensive plan for improving the inventory management 

19 systems of the military departments and the Defense Logis20 tics Agency with the objective of reducing the acquisition 

21 and storage of secondary inventory that is excess to require22 ments. 

23 (b) ELEMENTS.—The plan under subsection (a) shall 

24 include the following: 
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1 (1) A plan for a comprehensive review of de2 mand-forecasting procedures to identify and correct 

3 any systematic weaknesses in such procedures, includ4 ing the development of metrics to identify bias toward 

5 over-forecasting and adjust forecasting methods ac6 cordingly. 

7 (2) A plan to accelerate the efforts of the Depart8 ment of Defense to achieve total asset visibility, in9 cluding efforts to link wholesale and retail inventory 

10 levels through multi-echelon modeling. 

11 (3) A plan to reduce the average level of on-order 

12 secondary inventory that is excess to requirements, in13 cluding a requirement for the systemic review of such 

14 inventory for possible contract termination. 

15 (4) A plan for the review and validation of 

16 methods used by the military departments and the 

17 Defense Logistics Agency to establish economic reten18 tion requirements. 

19 (5) A plan for an independent review of methods 

20 used by the military departments and the Defense Lo21 gistics Agency to establish contingency retention re22 quirements. 

23 (6) A plan to identify items stored in secondary 

24 inventory that require substantial amounts of storage 
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1 space and shift such items, where practicable, to di2 rect vendor delivery. 

3 (7) A plan for a comprehensive assessment of in4 ventory items on hand that have no recurring de5 mands, including the development of— 

6 (A) metrics to track years of no demand for 

7 items in stock; and 

8 (B) procedures for ensuring the systemic re9 view of such items for potential reutilization or 

10 disposal. 

11 (8) A plan to more aggressively pursue disposal 

12 reviews and actions on stocks identified for potential 

13 reutilization or disposal. 

14 (c) GAO REPORTS.— 

15 (1) ASSESSMENT OF PLAN.—Not later than 60 

16 days after the date on which the plan required by 

17 subsection (a) is submitted as specified in that sub18 section, the Comptroller General of the United States 

19 shall submit to the congressional defense committees a 

20 report setting forth an assessment of the extent to 

21 which the plan meets the requirements of this section. 

22 (2) ASSESSMENT OF IMPLEMENTATION.—Not 

23 later than 18 months after the date on which the plan 

24 required by subsection (a) is submitted, the Comp25 troller General shall submit to the congressional de-
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1 fense committees a report setting forth an assessment 

2 of the extent to which the plan has been effectively im3 plemented by each military department and by the 

4 Defense Logistics Agency. 

5 (d) INVENTORY THAT IS EXCESS TO REQUIREMENTS

6 DEFINED.—In this section, the term ‘‘inventory that is ex7 cess to requirements’’ means inventory that— 

8 (1) is excess to the approved acquisition objective 

9 concerned; and 

10 (2) is not needed for the purposes of economic re11 tention or contingency retention. 

12 SEC. 323. TEMPORARY SUSPENSION OF AUTHORITY FOR 

13 PUBLIC-PRIVATE COMPETITIONS. 

14 (a) TEMPORARY SUSPENSION.—During the period be15 ginning on the date of the enactment of this Act and ending 

16 on the date on which the Secretary of Defense submits to 

17 the congressional defense committees the certification de18 scribed in subsection (b), no study or public-private com19 petition regarding the conversion to contractor performance 

20 of any function of the Department of Defense performed by 

21 civilian employees may be begun or announced pursuant 

22 to section 2461 of title 10, United States Code, Office of 

23 Management and Budget Circular A–76, or any other au24 thority. 
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1 (b) CERTIFICATION.—The certification described in 

2 this subsection is a certification that— 

3 (1) the Secretary of Defense has completed and 

4 submitted to Congress a complete inventory of con5 tracts for services for or on behalf of the Department 

6 of Defense in compliance with the requirements of 

7 subsection (c) of section 2330a of title 10, United 

8 States Code; and 

9 (2) the Secretary of each military department 

10 and the head of each Defense Agency responsible for 

11 activities in the inventory is in compliance with the 

12 review and planning requirements of subsection (e) of 

13 such section. 

14 SEC. 323A. PUBLIC-PRIVATE COMPETITION REQUIRED BE15 FORE CONVERSION OF ANY DEPARTMENT OF 

16 DEFENSE FUNCTION PERFORMED BY CIVIL17 IAN EMPLOYEES TO CONTRACTOR PERFORM18 ANCE. 

19 (a) REQUIREMENT.—Section 2461(a)(1) of title 10, 

20 United States Code, is amended— 

21 (1) by striking ‘‘A function’’ and inserting ‘‘No 

22 function’’; 

23 (2) by striking ‘‘10 or more’’; and 

24 (3) by striking ‘‘may not be converted’’ and in25 serting ‘‘may be converted’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall apply with respect to a function for which 

3 a public-private competition is commenced on or after the 

4 date of the enactment of this Act. 

5 SEC. 323B. TIME LIMITATION ON DURATION OF PUBLIC-PRI6 VATE COMPETITIONS. 

7 (a) TIME LIMITATION.—Section 2461(a) of title 10, 

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

9 following new paragraph: 

10 ‘‘(5)(A) The duration of a public-private com11 petition conducted pursuant to Office of Management 

12 and Budget Circular A–76 or any other provision of 

13 law for any function of the Department of Defense 

14 performed by Department of Defense civilian employ15 ees may not exceed the period of specified in para16 graph (B), commencing on the date on which funds 

17 are obligated for contractor support of the prelimi18 nary planning for the public-private competition be19 gins through the date on which a performance deci20 sion is rendered with respect to the function. 

21 ‘‘(B) The period referred to in paragraph (A) is 

22 30 months with respect to a single formation activity 

23 and 36 months with respect to a multi-formation ac24 tivity. 
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1 ‘‘(C) The time period specified in subparagraph 

2 (A) for a public-private competition does not include 

3 any day during which the public-private competition 

4 is delayed by reason of a protest before the Govern5 ment Accountability Office or the United States Court 

6 of Federal Claims. 

7 ‘‘(D) In this paragraph, the term ‘preliminary 

8 planning’ with respect to a public-private competition 

9 means any action taken to carry out any of the fol10 lowing activities: 

11 ‘‘(i) Determining the scope of the competi12 tion. 

13 ‘‘(ii) Conducting research to determine the 

14 appropriate grouping of functions for the com15 petition. 

16 ‘‘(iii) Assessing the availability of workload 

17 data, quantifiable outputs of functions, and 

18 agency or industry performance standards appli19 cable to the competition. 

20 ‘‘(iv) Determining the baseline cost of any 

21 function for which the competition is con22 ducted.’’. 

23 (b) EFFECTIVE DATE.—Paragraph (5) of section 

24 2461(a) of title 10, United States Code, as added by sub25 section (a), shall apply with respect to a public-private 
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1 competition covered by such section that is being conducted 

2 on or after the date of the enactment of this Act. 

3 SEC. 323C. TERMINATION OF CERTAIN PUBLIC-PRIVATE 

4 COMPETITIONS FOR CONVERSION OF DE5 PARTMENT OF DEFENSE FUNCTIONS TO PER6 FORMANCE BY A CONTRACTOR. 

7 Any Department of Defense public-private competition 

8 that exceeds the time limits established in section 2461(a) 

9 shall be reviewed by the Secretary of Defense and considered 

10 for termination. If the Secretary of Defense does not termi11 nate the competition, he shall report to Congress on the rea12 sons for his decision. 

13 SEC. 324. EXTENSION OF ARSENAL SUPPORT PROGRAM INI14 TIATIVE. 

15 Section 343 of the Floyd D. Spence National Defense 

16 Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 

17 note), as amended by section 341 of the National Defense 

18 Authorization Act for Fiscal Year 2008 (Public Law 110– 

19 181; 122 Stat. 69), is amended— 

20 (1) in subsection (a), by striking ‘‘2010’’ and in21 serting ‘‘2011’’; and 

22 (2) in subsection (g)(1), by striking ‘‘2010’’ and 

23 inserting ‘‘2011’’. 
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1 SEC. 325. MODIFICATION OF DATE FOR SUBMITTAL TO CON2 GRESS OF ANNUAL REPORT ON FUNDING FOR 

3 PUBLIC AND PRIVATE PERFORMANCE OF 

4 DEPOT-LEVEL MAINTENANCE AND REPAIR 

5 WORKLOADS. 

6 Section 2466(d)(1) of title 10, United States Code, is 

7 amended by striking ‘‘April 1 of each year’’ and inserting 

8 ‘‘90 days after the date on which the budget of the President 

9 for a fiscal year is submitted to Congress pursuant to sec10 tion 1105 of title 31’’. 

11 Subtitle D—Energy Provisions 

12 SEC. 331. ENERGY SECURITY ON DEPARTMENT OF DEFENSE 

13 INSTALLATIONS. 

14 (a) PLAN FOR ENERGY SECURITY REQUIRED.— 

15 (1) IN GENERAL.—Not later than 180 days after 

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

17 Defense shall develop a plan for identifying and ad18 dressing areas in which the electricity needed to carry 

19 out critical military missions on Department of De20 fense installations is vulnerable to disruption. 

21 (2) ELEMENTS.—The plan developed under 

22 paragraph (1) shall include, at a minimum, the fol23 lowing: 

24 (A) An identification of the areas of vulner25 ability as described in paragraph (1), and an 
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1 identification of priorities in addressing such 

2 areas of vulnerability. 

3 (B) A schedule for the actions to be taken by 

4 the Department to address such areas of vulner5 ability. 

6 (C) A strategy for working with other pub7 lic or private sector entities to address such areas 

8 of vulnerability that are beyond the control of the 

9 Department. 

10 (b) WORK WITH NON-DEPARTMENT OF DEFENSE EN11 TITIES.— 

12 (1) IN GENERAL.—The Secretary of Defense shall 

13 work with other Federal entities, and with State and 

14 local government entities, to develop any regulations 

15 or other mechanisms needed to require or encourage 

16 actions to address areas of vulnerability identified 

17 pursuant to the plan developed under subsection (a) 

18 that are beyond the control of the Department of De19 fense. 

20 (2) CONTRACT AUTHORITY.—Where necessary to 

21 achieve the purposes of this section, the Secretary may 

22 enter into a contract, grant, or other agreement with 

23 one or more appropriate public or private sector enti24 ties under which such entity or entities agree to carry 

25 out actions required to address areas of vulnerability 
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1 identified pursuant to the plan developed under sub2 section (a) that are beyond the control of the Depart3 ment. Any such contract, grant, or agreement may 

4 provide for the full or partial reimbursement of the 

5 entity concerned by the Department for actions taken 

6 by the entity under such contract, grant, or agree7 ment. 

8 SEC. 332. EXTENSION AND EXPANSION OF REPORTING RE9 QUIREMENTS REGARDING DEPARTMENT OF 

10 DEFENSE ENERGY EFFICIENCY PROGRAMS. 

11 (a) NEW REPORTING REQUIREMENTS.—Section 317(e) 

12 of the National Defense Authorization Act for Fiscal Year 

13 2002 (Public Law 107–107; 115 Stat. 1054) is amended 

14 to read as follows: 

15 ‘‘(e) REPORTING REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—Not later one year after the 

17 date of the enactment of this Act, and each January 

18 1 thereafter through 2020, the Secretary shall submit 

19 to the congressional defense a report regarding 

20 progress made toward achieving the energy efficiency 

21 goals of the Department of Defense, consistent with 

22 the provisions of section 303 of Executive Order 

23 13123 (64 Fed. Reg. 30851; 42 U.S.C. 8521 note) and 

24 section 11(b) of Executive Order 13423 (72 Fed. Reg. 

25 3919; 42 U.S.C. 4321 note). 
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1 ‘‘(2) REPORTS SUBMITTED AFTER JANUARY 1, 

2 2009.—Each report required under paragraph (1) that 

3 is submitted after the date of the enactment of the Na4 tional Defense Authorization Act for Fiscal Year 2010 

5 shall include the following: 

6 ‘‘(A) A table detailing funding, by account, 

7 for all energy projects and investments. 

8 ‘‘(B) A description of the funding and steps 

9 taken to achieve the renewable energy goals in 

10 the Energy Policy Act of 2005 (42 U.S.C. 15801 

11 et seq.) and Executive Order 13423 by fiscal year 

12 2015, and section 2911(e) of title 10, United 

13 States Code, by fiscal year 2025. 

14 ‘‘(C) A description of steps taken to ensure 

15 that facility and installation management goals 

16 are consistent with current legislative and other 

17 requirements, including applicable requirements 

18 under the Energy Independence and Security 

19 Act of 2007 (Public Law 110–140). 

20 ‘‘(D) A description of steps taken to deter21 mine best practices for measuring energy con22 sumption in Department of Defense facilities 

23 and installations in order to use the data for bet24 ter energy management. 
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1 ‘‘(E) A description of steps taken to comply 

2 with requirements of the Energy Independence 

3 and Security Act of 2007, including new design 

4 and construction requirements for buildings. 

5 ‘‘(F) A description of steps taken to comply 

6 with section 533 of the National Energy Con7 servation Policy Act (42 U.S.C. 8259b), regard8 ing the supply by the General Services Adminis9 tration and the Defense Logistics Agency of En10 ergy Star and Federal Energy Management Pro11 gram (FEMP) designated products to its Depart12 ment of Defense customers. 

13 ‘‘(G) A description of steps taken to encour14 age the use of Energy Star and FEMP des15 ignated products at military installations in 

16 government or contract maintenance activities. 

17 ‘‘(H) A description of steps taken to comply 

18 with standards for projects built using appro19 priated funds and established by the Energy 

20 Independence and Security Act of 2007 for 

21 privatized construction projects, whether residen22 tial, administrative, or industrial. 

23 ‘‘(I) A description of any other issues and 

24 strategies the Secretary determines relevant to a 

25 comprehensive and renewable energy policy.’’. 
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1 (b) ADDITIONAL MATERIAL REQUIRED FOR FIRST EX2 PANDED REPORT.—The first report submitted by the Sec3 retary of Defense under section 317(e) of the National De4 fense Authorization Act for Fiscal Year 2002 (Public Law 

5 107–107; 115 Stat. 1054), as amended by subsection (a), 

6 after the date of the enactment of this Act shall include, 

7 in addition to the matters required under such section, the 

8 following: 

9 (1) A determination of whether the existing tools, 

10 such as the Energy Conservation Investment Program 

11 (ECIP) and the Energy Savings Performance Con12 tracts (ESPC) program, are sufficient to support re13 newable energy projects to achieve the Department’s 

14 installation energy goals, or if new funding mecha15 nisms would be beneficial. 

16 (2) An appropriate goal or goals for the use of 

17 alternative fuels for ground vehicles, aircraft, sea ves18 sels, and applicable weapons systems, taking into con19 sideration a broad range of factors, including cost, 

20 availability, technological feasibility, energy inde21 pendence and security, and environmental impact. 

22 (3) A determination of the cost and feasibility of 

23 a policy that would require new power generation 

24 projects established on installations to be able to 
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1 switch to provide power for military operations in the 

2 event of a commercial grid outage. 

3 (4) An assessment of the extent to which State 

4 and regional laws and regulations and market struc5 tures provide opportunities or obstacles to establish 

6 renewable energy projects on military installations. 

7 (5) A determination of the cost and feasibility of 

8 developing or acquiring equipment or systems that 

9 would result in the complete use of renewable energy 

10 sources at contingency locations. 

11 (6) A determination of the cost and feasibility of 

12 implementing the recommendations of the 2008 De13 fense Science Board Report entitled, ‘‘More Fight – 

14 Less Fuel’’. 

15 SEC. 333. ALTERNATIVE AVIATION FUEL INITIATIVE. 

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

17 (1) Dependence on foreign sources of oil is detri18 mental to the national security of the United States 

19 due to possible disruptions in supply. 

20 (2) The Department of Defense is the largest sin21 gle consumer of fuel in the United States. 

22 (3) The United States Air Force is the largest 

23 consumer of fuel in the Department of Defense. 
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1 (4) The dramatically fluctuating price of fuel 

2 can have a significant budgetary impact on the De3 partment of Defense. 

4 (5) The United States Air Force uses about 

5 2,600,000,000 gallons of jet fuel a year, or 10 percent 

6 of the entire domestic market in aviation fuel. 

7 (6) The Air Force’s Alternative Aviation Fuel 

8 Initiative includes certification and testing of both 

9 biomass-derived (‘‘biofuel’’) and synthetic fuel blends 

10 produced via the Fischer-Tropsch (FT) process. By 

11 not later than December 31, 2016, the Air Force will 

12 be prepared to cost competitively acquire 50 percent 

13 of the Air Force’s domestic aviation fuel requirement 

14 via an alternative fuel blend in which the alternative 

15 component is derived from domestic sources produced 

16 in a manner that is greener than fuels produced from 

17 conventional petroleum. 

18 (7) The Air Force Energy Program will provide 

19 options to reduce the use of foreign oil, by focusing on 

20 expanding alternative energy options that provide fa21 vorable environmental attributes as compared to cur22 rently-available options. 

23 (b) CONTINUATION OF INITIATIVES.— 
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1 (1) IN GENERAL.—The Secretary of the Air 

2 Force shall continue the alternative aviation fuel ini3 tiatives of the Air Force with a goal of— 

4 (A) certifying its aircraft, applicable vehi5 cles and support equipment, and associated stor6 age and distribution infrastructure for unre7 stricted operational use of a synthetic fuel blend 

8 by early 2011; 

9 (B) being prepared to acquire 50 percent of 

10 its domestic aviation fuel requirement from al11 ternative or synthetic fuels (including blends of 

12 alternative or synthetic fuels with conventional 

13 fuels) by not later than December 31, 2016, pro14 vided that— 

15 (i) the lifecycle greenhouse gas emis16 sions associated with the production and 

17 combustion of such fuel shall be equal to or 

18 lower than such emissions from conven19 tional fuels that are used in the same appli20 cation, as determined in accordance with 

21 guidance by the Department of Energy and 

22 the Environmental Protection Agency; and 

23 (ii) prices for such fuels are cost com24 petitive with petroleum-based alternatives 

25 that are used for the same functions; 
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1 (C) taking actions in collaboration with the 

2 commercial aviation industry and equipment 

3 manufacturers to spur the development of a do4 mestic alternative aviation fuel industry; and 

5 (D) taking actions in collaboration with 

6 other Federal agencies, the commercial sector, 

7 and academia to solicit for and test the next gen8 eration of environmentally-friendly alternative 

9 aviation fuels. 

10 (2) ADJUSTMENT OF GOAL.—The Secretary of 

11 the Air Force may adjust the goal of acquiring 50 

12 percent of Air Force domestic fuel requirements from 

13 alternative or synthetic fuels by not later than Decem14 ber 31, 2016, if the Secretary determines in writing 

15 that it would not be practicable, or in the best inter16 ests of the Air Force, to do so and informs the con17 gressional defense committees within 30 days of the 

18 basis for such determination. 

19 (3) ANNUAL REPORT.—Not later than 180 days 

20 after the date of the enactment of this Act and annu21 ally thereafter in each of fiscal years 2011 through 

22 2016, the Secretary of Defense, in consultation with 

23 the Secretary of the Air Force, shall submit to Con24 gress a report on the progress of the alternative avia25 tion fuel initiative program, including— 
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1 (A) the status of aircraft fleet certification, 

2 until complete; 

3 (B) the quantities of alternative or synthetic 

4 fuels (including blends of alternative or synthetic 

5 fuels with conventional fuels) purchased for use 

6 by the Air Force in the fiscal year ending in 

7 such year; 

8 (C) progress made against published goals 

9 for such fiscal year; 

10 (D) the status of recovery plans to achieve 

11 any goals set for previous years that were not 

12 achieved; and 

13 (E) the establishment or adjustment of goals 

14 and objectives for the current fiscal year or for 

15 future years. 

16 (c) ANNUAL REPORT FOR ARMY AND NAVY.—Not later 

17 than 180 days after the date of the enactment of this Act, 

18 and annually thereafter in each of fiscal years 2011 through 

19 2016, the Secretary of the Army and the Secretary of the 

20 Navy shall each submit to Congress a report on goals and 

21 progress to research, test, and certify the use of alternative 

22 fuels in their respective aircraft fleets. 

23 (d) DEFENSE SCIENCE BOARD REVIEW.— 

24 (1) REPORT REQUIRED.—Not later than October 

25 1, 2011, the Defense Science Board shall report to the 
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1 Secretary of Defense on the feasibility and advis2 ability of achieving the goals established in subsection 

3 (b)(1). The report shall address— 

4 (A) the technological and economic 

5 achievability of the goals; 

6 (B) the impact of actions required to meet 

7 such goals on the military readiness of the Air 

8 Force, energy costs, environmental performance, 

9 and dependence on foreign oil; and 

10 (C) any recommendations the Defense 

11 Science Board may have for improving the Air 

12 Force program. 

13 (2) SUBMISSION TO CONGRESS.—Not later than 

14 30 days after receiving the report required by under 

15 paragraph (1), the Secretary of Defense shall forward 

16 the report to Congress, together with the comments 

17 and recommendations of the Secretary. 

18 SEC. 334. AUTHORIZATION OF APPROPRIATIONS FOR DI19 RECTOR OF OPERATIONAL ENERGY. 

20 Of the amounts authorized to be appropriated for Op21 eration and Maintenance, Defense-wide, $5,000,000 is for 

22 the Director of Operational Energy Plans and Programs 

23 to carry out the duties prescribed for the Director under 

24 section 139b of title 10, United States Code, to be made 
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1 available upon the confirmation of an individual to serve 

2 as the Director of Operational Energy Plans and Programs. 

3 SEC. 335. DEPARTMENT OF DEFENSE PARTICIPATION IN 

4 PROGRAMS FOR MANAGEMENT OF ENERGY 

5 DEMAND OR REDUCTION OF ENERGY USAGE 

6 DURING PEAK PERIODS. 

7 (a) IN GENERAL.—Subchapter I of chapter 173 of title 

8 10, United States Code, is amended by adding at the end 

9 the following new section: 

10 ‘‘§ 2919. Department of Defense participation in pro11 grams for management of energy demand 

12 or reduction of energy usage during peak 

13 periods 

14 ‘‘(a) PARTICIPATION IN DEMAND RESPONSE OR LOAD

15 MANAGEMENT PROGRAMS.—The Secretary of Defense, the 

16 Secretaries of the military departments, the heads of the De17 fense Agencies, and the heads of other instrumentalities of 

18 the Department of Defense are authorized to participate in 

19 demand response programs for the management of energy 

20 demand or the reduction of energy usage during peak peri21 ods conducted by any of the following parties: 

22 ‘‘(1) An electric utility 

23 ‘‘(2) An independent system operator. 

24 ‘‘(3) A State agency. 
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1 ‘‘(4) A third party entity (such as a demand re2 sponse aggregator or curtailment service provider) 

3 implementing demand response programs on behalf of 

4 an electric utility, independent system operator, or 

5 State agency. 

6 ‘‘(b) TREATMENT OF CERTAIN FINANCIAL INCEN7 TIVES.—Financial incentives received from an entity speci8 fied in subsection (a) shall be received in cash and deposited 

9 into the Treasury as a miscellaneous receipt. Amounts re10 ceived shall be available for obligation only to the extent 

11 provided in advance in an appropriations Act. The Sec12 retary concerned or the head of the Defense Agency or other 

13 instrumentality, as the case may be, shall pay for the cost 

14 of the design and implementation of these services in full 

15 in the year in which they are received from amounts pro16 vided in advance in an appropriations Act. 

17 ‘‘(c) USE OF CERTAIN FINANCIAL INCENTIVES.—Of the 

18 amounts derived from financial incentives awarded to a 

19 military installation as described in subsection (b) and pro20 vided for in advance by an appropriations Act— 

21 ‘‘(1) not less than 100 percent shall be made 

22 available for use at such military installation; and 

23 ‘‘(2) not less than 30 percent shall be made 

24 available for energy management initiatives at such 

25 installation.’’. 
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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: 

‘‘2919. Department of Defense participation in programs for management of energy demand or reduction of energy usage during peak periods.’’. 

4 Subtitle E—Reports 

5 SEC. 341. STUDY ON ARMY MODULARITY. 

6 (a) STUDY.— 

7 (1) IN GENERAL.—Not later than 30 days after 

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

9 Defense shall enter into a contract with a Federally 

10 Funded Research and Development Center (FFRDC) 

11 to conduct a study on the current and planned 

12 modularity structures of the Army to determine the 

13 following: 

14 (A) The operational capability of the Army 

15 to execute its core mission to contribute land 

16 power to joint operations. 

17 (B) The ability to manage flexibility and 

18 versatility of Army forces across the range of 

19 military operations. 

20 (C) The tactical, operational, and strategic 

21 risk associated with the heavy and light modular 

22 combat brigades and functional brigades. 

23 (D) The required and planned end strength 

24 for the Army. 
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1 (2) FACTORS TO CONSIDER.—The study required 

2 under subsection (a) shall take into consideration the 

3 following factors: 

4 (A) The Army’s historical experience with 

5 separate brigade structures. 

6 (B) The original Army analysis, including 

7 explicit or implicit assumptions, upon which the 

8 brigade combat team, functional brigade, and 

9 higher headquarters’ designs were based. 

10 (C) Subsequent analysis that confirmed or 

11 modified the original designs. 

12 (D) Lessons learned from Operations Iraqi 

13 Freedom and Enduring Freedom that confirmed 

14 or modified the original designs. 

15 (E) Improvements in brigade and head16 quarters designs the Army has made or is imple17 menting. 

18 (3) ACCESS TO INFORMATION.—The Secretary of 

19 Defense and the Secretary of the Army shall ensure 

20 that the FFRDC conducting the study has access to 

21 all necessary data, records, analysis, personnel, and 

22 other resources necessary to complete the study. 

23 (b) REPORT.—Not later than December 31, 2010, the 

24 Secretary of Defense shall submit to the congressional de25 fense committees a report containing the results of the study 
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1 conducted under subsection (a), together with comments by 

2 the Chief of Staff of the Army and the Secretary of Defense. 

3 SEC. 342. PLAN FOR MANAGING VEGETATIVE ENCROACH4 MENT AT TRAINING RANGES. 

5 Section 366(a)(5) of the Bob Stump National Defense 

6 Authorization Act for Fiscal Year 2003 (Public Law 107– 

7 314; 10 U.S.C. 113 note) is amended— 

8 (1) by striking ‘‘(5) At the same time’’ and in9 serting ‘‘(5)(A) At the same time’’; and 

10 (2) by adding at the end the following new sub11 paragraph: 

12 ‘‘(B) Beginning with the report submitted to Congress 

13 at the same time as the President submits the budget for 

14 fiscal year 2011, the report required under this subsection 

15 shall include the following: 

16 ‘‘(i) An assessment of the extent to which vegeta17 tion and overgrowth limits the use of military lands 

18 available for training of the Armed Forces in the 

19 United States and overseas. 

20 ‘‘(ii) Identification of the particular installations 

21 and training areas at which vegetation and over22 growth negatively impact the use of training space. 

23 ‘‘(iii)(I) As part of the first such report sub24 mitted, a plan to address training constraints caused 

25 by vegetation and overgrowth. 
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1 ‘‘(II) As part of each subsequent report, any nec2 essary updates to such plan.’’. 

3 SEC. 343. REPORT ON STATUS OF AIR NATIONAL GUARD 

4 AND AIR FORCE RESERVE. 

5 Not later than 180 days after the date of the enactment 

6 of this Act, the Secretary of Defense, in consultation with 

7 the Secretary of the Air Force, the Chief of the National 

8 Guard Bureau, the Director of the Air National Guard, the 

9 Chief of the Air Force Reserve, and such other officials as 

10 the Secretary of Defense considers appropriate, shall submit 

11 to Congress a report on— 

12 (1) the status of the Air National Guard and the 

13 Air Force Reserve; and 

14 (2) the plans of the Department of Defense to en15 sure that the Air National Guard and the Air Force 

16 Reserve remain ready to meet the requirements of the 

17 Air Force and the combatant commands and for 

18 homeland defense. 

19 TITLE IV—MILITARY PERSONNEL 

20 AUTHORIZATIONS 

21 Subtitle A—Active Forces 

22 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

23 The Armed Forces are authorized strengths for active 

24 duty personnel as of September 30, 2010, as follows: 

25 (1) The Army, 547,400. 
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1 (2) The Navy, 328,800. 

2 (3) The Marine Corps, 202,100. 

3 (4) The Air Force, 331,700. 

4 SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF 

5 ARMY ACTIVE-DUTY END STRENGTHS FOR 

6 FISCAL YEARS 2010, 2011, AND 2012. 

7 (a) AUTHORITY TO INCREASE ARMY ACTIVE-DUTY

8 END STRENGTH.— 

9 (1) AUTHORITY.—For each of fiscal years 2010, 

10 2011, and 2012, the Secretary of Defense may, as the 

11 Secretary determines necessary for the purposes speci12 fied in paragraph (2), establish the active-duty end 

13 strength for the Army at a number greater than the 

14 number otherwise authorized by law up to the number 

15 equal to the fiscal-year 2010 baseline plus 30,000. 

16 (2) PURPOSE OF INCREASES.—The purposes for 

17 which an increase may be made in the active duty 

18 end strength for the Army under paragraph (1) are 

19 the following: 

20 (A) To increase dwell time for members of 

21 the Army on active duty. 

22 (B) To support operational missions. 

23 (C) To achieve reorganizational objectives, 

24 including increased unit manning, force sta-
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1 bilization and shaping, and supporting wounded 

2 warriors. 

3 (b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU4 THORITY.—Nothing in this section shall be construed to 

5 limit the authority of the President under section 123a of 

6 title 10, United States Code, to waive any statutory end 

7 strength in a time of war or national emergency. 

8 (c) RELATIONSHIP TO OTHER VARIANCE AUTHOR9 ITY.—The authority in subsection (a) is in addition to the 

10 authority to vary authorized end strengths that is provided 

11 in subsections (e) and (f) of section 115 of title 10, United 

12 States Code. 

13 (d) BUDGET TREATMENT.— 

14 (1) IN GENERAL.—If the Secretary of Defense in15 creases active-duty end strength for the Army for fis16 cal year 2010 under subsection (a), the Secretary may 

17 fund such an increase through Department of Defense 

18 reserve funds or through an emergency supplemental 

19 appropriation. 

20 (2) FISCAL YEARS 2011 AND 2012.—(2) If the Sec21 retary of Defense plans to increase the active-duty end 

22 strength for the Army for fiscal year 2011 or 2012, 

23 the budget for the Department of Defense for such fis24 cal year as submitted to Congress shall include the 

25 amounts necessary for funding the active-duty end 
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1 strength for the Army in excess of the fiscal-year 2010 

2 baseline. 

3 (e) DEFINITIONS.—In this section: 

4 (1) FISCAL-YEAR 2010 BASELINE.—The term ‘‘fis5 cal-year 2010 baseline’’, with respect to the Army, 

6 means the active-duty end strength authorized for the 

7 Army in section 401(1). 

8 (2) ACTIVE-DUTY END STRENGTH.—The term 

9 ‘‘active-duty end strength’’, with respect to the Army 

10 for a fiscal year, means the strength for active duty 

11 personnel of Army as of the last day of the fiscal year. 

12 Subtitle B—Reserve Forces 

13 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

14 (a) IN GENERAL.—The Armed Forces are authorized 

15 strengths for Selected Reserve personnel of the reserve com16 ponents as of September 30, 2010, as follows: 

17 (1) The Army National Guard of the United 

18 States, 358,200. 

19 (2) The Army Reserve, 205,000. 

20 (3) The Navy Reserve, 65,500. 

21 (4) The Marine Corps Reserve, 39,600. 

22 (5) The Air National Guard of the United 

23 States, 106,700. 

24 (6) The Air Force Reserve, 69,500. 

25 (7) The Coast Guard Reserve, 10,000. 
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1 (b) ADJUSTMENTS.—The end strengths prescribed by 

2 subsection (a) for the Selected Reserve of any reserve compo3 nent shall be proportionately reduced by— 

4 (1) the total authorized strength of units orga5 nized to serve as units of the Selected Reserve of such 

6 component which are on active duty (other than for 

7 training) at the end of the fiscal year; and 

8 (2) the total number of individual members not 

9 in units organized to serve as units of the Selected 

10 Reserve of such component who are on active duty 

11 (other than for training or for unsatisfactory partici12 pation in training) without their consent at the end 

13 of the fiscal year. 

14 Whenever such units or such individual members are re15 leased from active duty during any fiscal year, the end 

16 strength prescribed for such fiscal year for the Selected Re17 serve of such reserve component shall be increased propor18 tionately by the total authorized strengths of such units and 

19 by the total number of such individual members. 

20 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

21 DUTY IN SUPPORT OF THE RESERVES. 

22 Within the end strengths prescribed in section 411(a), 

23 the reserve components of the Armed Forces are authorized, 

24 as of September 30, 2010, the following number of Reserves 

25 to be serving on full-time active duty or full-time duty, in 
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1 the case of members of the National Guard, for the purpose 

2 of organizing, administering, recruiting, instructing, or 

3 training the reserve components: 

4 (1) The Army National Guard of the United 

5 States, 32,060. 

6 (2) The Army Reserve, 16,261. 

7 (3) The Navy Reserve, 10,818. 

8 (4) The Marine Corps Reserve, 2,261. 

9 (5) The Air National Guard of the United 

10 States, 14,555. 

11 (6) The Air Force Reserve, 2,896. 

12 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

13 (DUAL STATUS). 

14 The minimum number of military technicians (dual 

15 status) as of the last day of fiscal year 2010 for the reserve 

16 components of the Army and the Air Force (notwith17 standing section 129 of title 10, United States Code) shall 

18 be the following: 

19 (1) For the Army Reserve, 8,395. 

20 (2) For the Army National Guard of the United 

21 States, 27,210. 

22 (3) For the Air Force Reserve, 10,417. 

23 (4) For the Air National Guard of the United 

24 States, 22,313. 
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1 SEC. 414. FISCAL YEAR 2010 LIMITATION ON NUMBER OF 

2 NON-DUAL STATUS TECHNICIANS. 

3 (a) LIMITATIONS.— 

4 (1) NATIONAL GUARD.—Within the limitation 

5 provided in section 10217(c)(2) of title 10, United 

6 States Code, the number of non-dual status techni7 cians employed by the National Guard as of Sep8 tember 30, 2010, may not exceed the following: 

9 (A) For the Army National Guard of the 

10 United States, 1,600. 

11 (B) For the Air National Guard of the 

12 United States, 350. 

13 (2) ARMY RESERVE.—The number of non-dual 

14 status technicians employed by the Army Reserve as 

15 of September 30, 2010, may not exceed 595. 

16 (3) AIR FORCE RESERVE.—The number of non17 dual status technicians employed by the Air Force 

18 Reserve as of September 30, 2010, may not exceed 90. 

19 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

20 this section, the term ‘‘non-dual status technician’’ has the 

21 meaning given that term in section 10217(a) of title 10, 

22 United States Code. 
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1 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU2 THORIZED TO BE ON ACTIVE DUTY FOR 

3 OPERATIONAL SUPPORT. 

4 During fiscal year 2010, the maximum number of 

5 members of the reserve components of the Armed Forces who 

6 may be serving at any time on full-time operational sup7 port duty under section 115(b) of title 10, United States 

8 Code, is the following: 

9 (1) The Army National Guard of the United 

10 States, 17,000. 

11 (2) The Army Reserve, 13,000. 

12 (3) The Navy Reserve, 6,200. 

13 (4) The Marine Corps Reserve, 3,000. 

14 (5) The Air National Guard of the United 

15 States, 16,000. 

16 (6) The Air Force Reserve, 14,000. 

17 SEC. 416. REPORT ON TRAINEE ACCOUNT FOR THE ARMY 

18 NATIONAL GUARD. 

19 (a) REPORT REQUIRED.—Not later than 180 days 

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

21 of the Army shall submit to the congressional defense com22 mittees a report setting forth an assessment of the establish23 ment within the Army National Guard of a trainees, tran24 sients, holdees, and students account (commonly referred to 

25 as a ‘‘TTHS’’ account). 
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1 (b) ELEMENTS.—The report required by subsection (a) 

2 shall include an assessment of the feasibility and advis3 ability of permitting the Army National Guard to have, 

4 without regard to its authorized end strength levels for a 

5 fiscal year, a trainees, transients, holdees, and students ac6 count for assigning all members of the Army National 

7 Guard who have not completed initial entry training in 

8 order to ensure that all personnel of fully manned and 

9 deployable units of the Army National Guard have com10 pleted initial entry training. 

11 SEC. 417. AUTHORITY FOR SERVICE SECRETARY VARIANCES 

12 FOR SELECTED RESERVE END STRENGTHS. 

13 Section 115(g) of title 10, United States Code, is 

14 amended to read as follows: 

15 ‘‘(g) AUTHORITY FOR SERVICE SECRETARY VARIANCES

16 FOR ACTIVE-DUTY AND SELECTED RESERVE END

17 STRENGTHS.—(1) Upon determination by the Secretary of 

18 a military department that such action would enhance 

19 manning and readiness in essential units or in critical spe20 cialties or ratings, the Secretary may— 

21 ‘‘(A) increase the end strength authorized pursu22 ant to subsection (a)(1)(A) for a fiscal year for the 

23 armed force under the jurisdiction of that Secretary 

24 or, in the case of the Secretary of the Navy, for any 

25 of the armed forces under the jurisdiction of that Sec-
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1 retary, by a number equal to not more than 2 percent 

2 of such authorized end strength; and 

3 ‘‘(B) increase the end strength authorized pursu4 ant to subsection (a)(2) for a fiscal year for the Se5 lected Reserve of the reserve component of the armed 

6 force under the jurisdiction of that Secretary or, in 

7 the case of the Secretary of the Navy, for the Selected 

8 Reserve of the reserve component of any of the armed 

9 forces under the jurisdiction of that Secretary, by a 

10 number equal to not more than 2 percent of such au11 thorized end strength. 

12 ‘‘(2) Any increase under paragraph (1) of the end 

13 strength for an armed force or the Selected Reserve of a re14 serve component of an armed force shall be counted as part 

15 of the increase for that armed force or Selected Reserve for 

16 that fiscal year authorized under subsection (f)(1) or sub17 section (f)(3), respectively.’’. 

18 Subtitle C—Authorization of 

19 Appropriations 

20 SEC. 421. MILITARY PERSONNEL. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 hereby authorized to be appropriated for fiscal year 2010 

23 for the Department of Defense for military personnel 

24 amounts as follows: 

25 (1) For military personnel, $124,864,942,000. 
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1 (2) For contributions to the Medicare-Eligible 

2 Retiree Health Fund, $10,751,339,000. 

3 (b) CONSTRUCTION OF AUTHORIZATION.—The author4 ization of appropriations in subsection (a) supersedes any 

5 other authorization of appropriations (definite or indefi6 nite) for such purpose for fiscal year 2010. 

7 TITLE V—MILITARY PERSONNEL 

8 POLICY 

9 Subtitle A—Officer Personnel Policy 

10 SEC. 501. MODIFICATION OF LIMITATIONS ON GENERAL 

11 AND FLAG OFFICERS ON ACTIVE DUTY. 

12 (a) CLARIFICATION OF DISTRIBUTION LIMITS.—Sec13 tion 525 of title 10, United States Code, is amended by 

14 striking subsections (a) and (b) and inserting the following 

15 new subsections: 

16 ‘‘(a) For purposes of the applicable limitation in sec17 tion 526(a) of this title on general and flag officers on active 

18 duty, no appointment of an officer on the active duty list 

19 may be made as follows: 

20 ‘‘(1) in the Army, if that appointment would re21 sult in more than— 

22 ‘‘(A) 7 officers in the grade of general; 

23 ‘‘(B) 45 officers in a grade above the grade 

24 of major general; or 
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1 ‘‘(C) 90 officers in the grade of major gen2 eral; 

3 ‘‘(2) in the Air Force, if that appointment would 

4 result in more than— 

5 ‘‘(A) 9 officers in the grade of general; 

6 ‘‘(B) 43 officers in a grade above the grade 

7 of major general; or 

8 ‘‘(C) 73 officers in the grade of major gen9 eral; 

10 ‘‘(3) in the Navy, if that appointment would re11 sult in more than— 

12 ‘‘(A) 6 officers in the grade of admiral; 

13 ‘‘(B) 32 officers in a grade above the grade 

14 of rear admiral; or 

15 ‘‘(C) 50 officers in the grade of rear admi16 ral; 

17 ‘‘(4) in the Marine Corps, if that appointment 

18 would result in more than— 

19 ‘‘(A) 2 officers in the grade of general; 

20 ‘‘(B) 15 officers in a grade above the grade 

21 of major general; or 

22 ‘‘(C) 22 officers in the grade of major gen23 eral. 

24 ‘‘(b)(1) The limitations of subsection (a) do not include 

25 the following: 
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1 ‘‘(A) An officer released from a joint duty as2 signment, but only during the 60-day period begin3 ning on the date the officer departs the joint duty as4 signment, except that the Secretary of Defense may 

5 authorize the Secretary of a military department to 

6 extend the 60-day period by an additional 120 days, 

7 but no more than 3 officers from each armed forces 

8 may be on active duty who are excluded under this 

9 subparagraph. 

10 ‘‘(B) An officer while serving in the position of 

11 Staff Judge Advocate to the Commandant of the Ma12 rine Corps under section 5046 of this title. 

13 ‘‘(C) The number of officers required to serve in 

14 joint duty assignments as authorized by the Secretary 

15 of Defense under section 526(b) for each military 

16 service. 

17 ‘‘(D) An officer while serving as Chief of the Na18 tional Guard Bureau. 

19 ‘‘(2) An officer of the Army while serving as Super20 intendent of the United States Military Academy, if serving 

21 in the grade of lieutenant general, is in addition to the 

22 number that would otherwise be permitted for the Army for 

23 officers serving on active duty in grades above major gen24 eral under subsection (a). An officer of the Navy or Marine 

25 Corps while serving as Superintendent of the United States 
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1 Naval Academy, if serving in the grade of vice admiral or 

2 lieutenant general, is in addition to the number that would 

3 otherwise be permitted for the Navy or Marine Corps, re4 spectively, for officers serving on active duty in grades 

5 above major general or rear admiral under subsection (a). 

6 An officer while serving as Superintendent of the United 

7 States Air Force Academy, if serving in the grade of lieu8 tenant general, is in addition to the number that would 

9 otherwise be permitted for the Air Force for officers serving 

10 on active duty in grades above major general under sub11 section (a).’’. 

12 (b) CLARIFICATION ON OFFSETTING REDUCTIONS.— 

13 Subsection (c) of such section is amended— 

14 (1) in paragraph (1)— 

15 (A) by amending subparagraph (A) to read 

16 as follows: 

17 ‘‘(A) may make appointments in the Army, Air 

18 Force, and Marine Corps in the grades of lieutenant 

19 general and general in excess of the applicable num20 bers determined under this section if each such ap21 pointment is made in conjunction with an offsetting 

22 reduction under paragraph (2); and’’; and 

23 (B) in subparagraph (B), by striking ‘‘sub24 section (b)(2)’’ and inserting ‘‘this section’’; 
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1 (2) in paragraph (3)(A), by striking ‘‘the num2 ber equal to 10 percent of the total number of officers 

3 that may be serving on active duty in those grades in 

4 the Army, Navy, Air Force, and Marine Corps under 

5 subsection (b)’’ and inserting ‘‘15’’; and 

6 (3) in paragraph (3)(B), by striking ‘‘the num7 ber equal to 15 percent of the total number of officers 

8 that may be serving on active duty in those grades in 

9 the Army, Navy, Air Force, and Marine Corps’’ and 

10 inserting ‘‘5’’. 

11 (c) OTHER DISTRIBUTION CLARIFICATIONS.—Such 

12 section is further amended— 

13 (1) in subsection (e), by striking ‘‘In deter14 mining the total number of general officers or flag of15 ficers of an armed force on active duty for purposes 

16 of this section, the following officers shall not be 

17 counted:’’ in the matter preceding paragraph (1) and 

18 inserting ‘‘The following officers shall not be counted 

19 for purposes of this section:’’; and 

20 (2) by adding at the end the following new sub21 section: 

22 ‘‘(g) The limitations of this section do not apply to 

23 a reserve component general or flag officer who is on active 

24 duty and serving in a position that is a joint duty assign-
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1 ment for the purposes of chapter 38 of this title for a period 

2 not to exceed three years.’’. 

3 (d) CHANGE TO AUTHORIZED STRENGTHS.—Sub4 section (a) of section 526 of such title is amended— 

5 (1) in paragraph (1), by striking ‘‘307’’ and in6 serting ‘‘230’’; 

7 (2) in paragraph (2), by striking ‘‘216’’ and in8 serting ‘‘160’’; 

9 (3) in paragraph (3), by striking ‘‘279’’ and in10 serting ‘‘208’’; and 

11 (4) in paragraph (4), by striking ‘‘81’’ and in12 serting ‘‘60’’. 

13 (e) CHANGES TO LIMITED EXCLUSION FOR JOINT

14 DUTY REQUIREMENTS.—Subsection (b) of such section is 

15 amended— 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘Chairman of the Joint 

18 Chiefs of Staff’’ and inserting ‘‘Secretary of De19 fense’’; 

20 (B) by striking ‘‘65’’ and inserting ‘‘324’’; 

21 and 

22 (C) by striking the second sentence and in23 serting the following new sentence: ‘‘The Sec24 retary of Defense shall allocate those exclusions 

25 to the armed forces based on the number of gen-
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1 eral or flag officers required from each armed 

2 force for assignment to these designated posi3 tions.’’; 

4 (2) by redesignating paragraph (2) as para5 graph (4); and 

6 (3) by inserting after paragraph (1) the fol7 lowing new paragraphs: 

8 ‘‘(2) Unless the Secretary of Defense determines that 

9 a lower number is in the best interest of the Department, 

10 the minimum number of officers serving in positions des11 ignated under paragraph (1) for each armed force shall be 

12 as follows: 

13 ‘‘(A) For the Army, 85. 

14 ‘‘(B) For the Navy, 61. 

15 ‘‘(C) For the Air Force, 76. 

16 ‘‘(D) For the Marine Corps, 21. 

17 ‘‘(3) The number excluded under paragraph (1) and 

18 serving in positions designated under that paragraph— 

19 ‘‘(A) in the grade of general or admiral may not 

20 exceed 20; 

21 ‘‘(B) in a grade above the grade of major general 

22 or rear admiral may not exceed 68; and 

23 ‘‘(C) in the grade of major general or rear admi24 ral may not exceed 144.’’. 
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1 (f) OTHER AUTHORIZATION CLARIFICATIONS.—Such 

2 section is further amended— 

3 (1) in subsection (d), by adding at the end the 

4 following new paragraph: 

5 ‘‘(3) The limitations of this section do not apply to 

6 a reserve component general or flag officer who is on active 

7 duty and serving in a position that is a joint duty assign8 ment for the purposes of chapter 38 of this title for a period 

9 not to exceed three years.’’; and 

10 (2) by adding at the end the following new sub11 sections: 

12 ‘‘(g) TEMPORARY EXCLUSION FOR ASSIGNMENT TO

13 CERTAIN TEMPORARY BILLETS.—(1) The limitations in 

14 subsection (a) and in section 525(a) of this title do not 

15 apply to a general or flag officer assigned to a temporary 

16 joint duty assignment designated by the Secretary of De17 fense. 

18 ‘‘(2) A general or flag officer assigned to a temporary 

19 joint duty assignment as described in paragraph (1) may 

20 not be excluded under this subsection from the limitations 

21 in subsection (a) for a period of longer than one year. 

22 ‘‘(h) EXCLUSION OF OFFICERS DEPARTING FROM

23 JOINT DUTY ASSIGNMENTS.—The limitations in subsection 

24 (a) do not apply to an officer released from a joint duty 

25 assignment, but only during the 60-day period beginning 
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1 on the date the officer departs the joint duty assignment; 

2 except that the Secretary of Defense may authorize the Sec3 retary of a military department to extend the 60-day by 

4 an additional 120 days, but no more than 3 officers from 

5 each armed force may be on active duty who are excluded 

6 under this subsection.’’. 

7 (g) REPEAL OF LIMITATIONS ON GENERAL AND FLAG

8 OFFICER ACTIVITIES OUTSIDE THE OFFICER’S OWN SERV9 ICE.— 

10 (1) REPEAL.—Section 721 of such title is re11 pealed. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of chapter 41 of such title is 

14 amended by striking the item relating to section 721. 

15 (h) REPEAL OF SUPERSEDED AUTHORITY.—Section 

16 506 of the Duncan Hunter National Defense Authorization 

17 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

18 4434; 10 U.S.C. 525 note) is repealed. 

19 SEC. 502. REVISIONS TO ANNUAL REPORT REQUIREMENT 

20 ON JOINT OFFICER MANAGEMENT. 

21 Section 667 of title 10, United States Code, is amend22 ed— 

23 (1) in paragraph (1)(A), by striking ‘‘and their 

24 education and experience’’; 

25 (2) by striking paragraph (3); 
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1 (3) by transferring subparagraph (B) of para2 graph (4) to the end of paragraph (1), redesignating 

3 that subparagraph as subparagraph (C), aligning 

4 that subparagraph with the margin of subparagraph 

5 (B) of paragraph (1), and capitalizing the first word 

6 of that subparagraph; 

7 (4) by striking the remainder of paragraph (4), 

8 as amended by paragraph (3) of this section; 

9 (5) by redesignating paragraph (5) as para10 graph (3); 

11 (6) by striking paragraph (6); 

12 (7) by redesignating paragraphs (7) through (11) 

13 as paragraphs (4) through (8), respectively; 

14 (8) by redesignating paragraph (12) as para15 graph (9) and in that paragraph striking ‘‘each time 

16 the’’ and all that follows and inserting ‘‘the principal 

17 courses of instruction for Joint Professional Military 

18 Education Level II, the number of officers graduating 

19 from each of the following: 

20 ‘‘(A) The Joint Forces Staff College. 

21 ‘‘(B) The National Defense University. 

22 ‘‘(C) Senior Service Schools.’’; and 

23 (9) by redesignating paragraph (13) as para24 graph (10). 
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1 SEC. 503. GRADE OF LEGAL COUNSEL TO THE CHAIRMAN OF 

2 THE JOINT CHIEFS OF STAFF. 

3 (a) IN GENERAL.—Section 156(c) of title 10, United 

4 States Code, is amended by striking ‘‘, while so serving, 

5 hold the’’ and inserting ‘‘be appointed in the regular’’. 

6 (b) EFFECTIVE DATE.—The amendment made by sub7 section (a) shall take effect on the date of the enactment 

8 of this Act, and shall apply with respect to individuals ap9 pointed as Legal Counsel to the Chairman of the Joint 

10 Chiefs of Staff on or after that date. 

11 SEC. 504. CHIEF AND DEPUTY CHIEF OF CHAPLAINS OF THE 

12 AIR FORCE. 

13 (a) IN GENERAL.—Chapter 805 of title 10, United 

14 States Code, is amended by inserting after section 8038 the 

15 following new section: 

16 ‘‘§ 8039. Chief and Deputy Chief of Chaplains: ap17 pointment; duties 

18 ‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of 

19 Chaplains in the Air Force, who shall be appointed by the 

20 President, by and with the advice and consent of the Senate, 

21 from active duty officers of the Air Force Chaplain Corps 

22 serving in the grade of colonel or above who have served 

23 on active duty as a chaplain for at least eight years. 

24 ‘‘(2) An officer appointed as the Chief of Chaplains 

25 shall be appointed for a term of three years. However, the 
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1 President may terminate or extend the appointment at any 

2 time. 

3 ‘‘(3) The Chief of Chaplains shall be appointed in the 

4 regular grade of major general. 

5 ‘‘(4) The Chief of Chaplains shall perform such duties 

6 as may be prescribed by the Secretary of the Air Force and 

7 by law. 

8 ‘‘(b) DEPUTY CHIEF OF CHAPLAINS.—(1) There is a 

9 Deputy Chief of Chaplains in the Air Force who shall be 

10 appointed by the President by and with the advice and con11 sent of the Senate from active duty officers of the Air Force 

12 Chaplain Corps serving in the grade of colonel who have 

13 served on active duty as a chaplain for at least eight years. 

14 ‘‘(2) An officer appointed as the Deputy Chief of Chap15 lains shall be appointed for a term of three years. However, 

16 the President may terminate or extend the appointment at 

17 any time. 

18 ‘‘(3) The Deputy Chief of Chaplains shall be appointed 

19 in the regular grade of brigadier general. 

20 ‘‘(4) The Deputy Chief of Chaplains shall perform such 

21 duties as may be prescribed by the Secretary of the Air 

22 Force, the Chief of Chaplains, and by law. 

23 ‘‘(c) SELECTION OF RECOMMENDED OFFICERS

24 THROUGH SELECTION BOARD PROCEDURES.—Under regu25 lations approved by the Secretary of Defense, the Secretary 
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1 of the Air Force in selecting an officer for recommendation 

2 to the President under subsection (a) for appointment as 

3 the Chief of Chaplains or under subsection (b) for appoint4 ment as the Deputy Chief of Chaplains shall ensure that 

5 the officer selected is recommended by a board of officers 

6 that, insofar as is practicable, is subject to the procedures 

7 applicable to selection boards convened under chapter 36 

8 of this title.’’. 

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

10 the beginning of chapter 805 of such title is amended by 

11 inserting after the item related to section 8038 the following 

12 new item: 

‘‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’’. 

13 Subtitle B—Reserve Component 

14 Management 

15 SEC. 511. REPORT ON REQUIREMENTS OF THE NATIONAL 

16 GUARD FOR NON-DUAL STATUS TECHNI17 CIANS. 

18 (a) REPORT REQUIRED.—Not later than 180 days 

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

20 of Defense shall submit to the Committees on Armed Serv21 ices of the Senate and House of Representatives a report 

22 setting forth the following: 

23 (1) A description of the types of duties performed 

24 for the National Guard by non-dual status techni25 cians. 
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1 (2) A description of the current requirements of 

2 the National Guard for non-dual status technicians. 

3 (3) A description of various means of addressing 

4 any shortfalls in meeting such requirements, includ5 ing both temporary shortfalls and permanent short6 falls. 

7 (b) CONSIDERATIONS.—The report required by sub8 section (a) shall take into consideration the effects of the 

9 mobilization of large numbers of National Guard military 

10 technicians (dual status) on the readiness of National 

11 Guard units in critically important areas and on the ca12 pacity of the National Guard to continue performing home13 based missions and responsibilities for the States. 

14 Subtitle C—Education and 

15 Training 

16 SEC. 521. GRADE OF COMMISSIONED OFFICERS IN UNI17 FORMED MEDICAL ACCESSION PROGRAMS. 

18 (a) MEDICAL STUDENTS OF USUHS.—Section 

19 2114(b) of title 10, United States Code, is amended— 

20 (1) in paragraph (1), by striking the second sen21 tence and inserting the following new sentences: 

22 ‘‘Each medical student shall be appointed as a reg23 ular officer in the grade of second lieutenant or en24 sign. An officer so appointed may, upon meeting such 

25 criteria for promotion as may be prescribed by the 
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1 Secretary concerned, be appointed in the regular 

2 grade of first lieutenant or lieutenant (junior grade). 

3 Medical students commissioned under this section 

4 shall serve on active duty in their respective grades.’’; 

5 and 

6 (2) in paragraph (2), by striking ‘‘grade of sec7 ond lieutenant or ensign’’ and inserting ‘‘grade in 

8 which the member is serving under paragraph (1)’’. 

9 (b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL10 ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 

11 2121(c) of such title is amended— 

12 (1) in paragraph (1), by striking the second sen13 tence and inserting the following new sentences: 

14 ‘‘Each person so commissioned shall be appointed as 

15 a reserve officer in the grade of second lieutenant or 

16 ensign. An officer so appointed may, upon meeting 

17 such criteria for promotion as may be prescribed by 

18 the Secretary concerned, be appointed in the reserve 

19 grade of first lieutenant or lieutenant (junior grade). 

20 Medical students commissioned under this section 

21 shall serve on active duty in their respective grades 

22 for a period of 45 days during each year of participa23 tion in the program.’’; and 
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1 (2) in paragraph (2), by striking ‘‘grade of sec2 ond lieutenant or ensign’’ and inserting ‘‘grade in 

3 which the member is serving under paragraph (1)’’. 

4 (c) OFFICERS DETAILED AS STUDENTS AT MEDICAL

5 SCHOOLS.—Subsection (e) of section 2004a of such title is 

6 amended— 

7 (1) in the subsection heading, by striking ‘‘AP8 POINTMENT AND TREATMENT OF PRIOR ACTIVE

9 SERVICE’’ and inserting ‘‘SERVICE ON ACTIVE

10 DUTY’’; and 

11 (2) by striking paragraph (1) and inserting the 

12 following new paragraph (1): 

13 ‘‘(1) A commissioned officer detailed under subsection 

14 (a) shall serve on active duty, subject to the limitations on 

15 grade specified in section 2114(b)(1) of this title and with 

16 the entitlement to basic pay as specified in section 

17 2114(b)(2) of this title.’’. 

18 SEC. 522. EXPANSION OF CRITERIA FOR APPOINTMENT AS 

19 MEMBER OF THE BOARD OF REGENTS OF THE 

20 UNIFORMED SERVICES UNIVERSITY OF THE 

21 HEALTH SCIENCES. 

22 Section 2113a(b)(1) of title 10, United States Code, is 

23 amended by striking ‘‘health and health education’’ and in24 serting ‘‘health care, higher education administration, and 

25 public policy’’. 
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1 SEC. 523. DETAIL OF COMMISSIONED OFFICERS AS STU2 DENTS AT SCHOOLS OF PSYCHOLOGY. 

3 (a) IN GENERAL.—Chapter 101 of title 10, United 

4 States Code, is amended by inserting after section 2004 the 

5 following new section: 

6 ‘‘§ 2004a. Detail of commissioned officers as students 

7 at schools of psychology 

8 ‘‘(a) DETAIL AUTHORIZED.—The Secretary of each 

9 military department may detail commissioned officers of 

10 the armed forces as students at accredited schools of psy11 chology located in the United States for a period of training 

12 leading to the degree of Doctor of Philosophy in clinical 

13 psychology. No more than 25 officers from each military 

14 department may commence such training in any single fis15 cal year. 

16 ‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for de17 tail under subsection (a), an officer must be a citizen of 

18 the United States and must— 

19 ‘‘(1) have served on active duty for a period of 

20 not less than two years nor more than six years and 

21 be in the pay grade 0–3 or below as of the time the 

22 training is to begin; and 

23 ‘‘(2) sign an agreement that unless sooner sepa24 rated the officer will— 

25 ‘‘(A) complete the educational course of psy26 chological training; 
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1 ‘‘(B) accept transfer or detail as a commis2 sioned officer within the military department 

3 concerned when the officer’s training is com4 pleted; and 

5 ‘‘(C) agree to serve, following completion of 

6 the officer’s training, on active duty (or on ac7 tive duty and in the Selected Reserve) for a pe8 riod as specified pursuant to subsection (c). 

9 ‘‘(c) SERVICE OBLIGATION.—(1) Except as provided in 

10 paragraph (2), the agreement of an officer under subsection 

11 (b) shall provide that the officer shall serve on active duty 

12 for two years for each year or part thereof of the officer’s 

13 training under subsection (a). 

14 ‘‘(2) The agreement of an officer may authorize the of15 ficer to serve a portion of the officer’s service obligation on 

16 active duty and to complete the service obligation that re17 mains upon separation from active duty in the Selected Re18 serve. Under any such agreement, an officer shall serve three 

19 years in the Selected Reserve for each year or part thereof 

20 of the officer’s training under subsection (a) for any service 

21 obligation that was not completed before separation from 

22 active duty. 

23 ‘‘(d) SELECTION OF OFFICERS FOR DETAIL.—Officers 

24 detailed for training under subsection (a) shall be selected 
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1 on a competitive basis by the Secretary of the military de2 partment concerned. 

3 ‘‘(e) RELATION OF SERVICE OBLIGATIONS TO OTHER

4 SERVICE OBLIGATIONS.—Any service obligation incurred 

5 by an officer under an agreement entered into under sub6 section (b) shall be in addition to any service obligation 

7 incurred by the officer under any other provision of law 

8 or agreement. 

9 ‘‘(f) EXPENSES.—Expenses incident to the detail of of10 ficers under this section shall be paid from any funds ap11 propriated for the military department concerned. 

12 ‘‘(g) FAILURE TO COMPLETE PROGRAM.—(1) An offi13 cer who is dropped from a program of psychological train14 ing to which detailed under subsection (a) for deficiency 

15 in conduct or studies, or for other reasons, may be required 

16 to perform active duty in an appropriate military capacity 

17 in accordance with the active duty obligation imposed on 

18 the officer under regulations issued by the Secretary of De19 fense for purposes of this section. 

20 ‘‘(2) In no case shall an officer be required to serve 

21 on active duty under paragraph (1) for any period in excess 

22 of one year for each year or part thereof the officer partici23 pated in the program. 

24 ‘‘(h) LIMITATION ON DETAILS.—No agreement detail25 ing an officer of the armed forces to an accredited school 
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1 of psychology may be entered into during any period in 

2 which the President is authorized by law to induct persons 

3 into the armed forces involuntarily. Nothing in this sub4 section shall affect any agreement entered into during any 

5 period when the President is not authorized by law to so 

6 induct persons into the armed forces.’’. 

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

8 the beginning of chapter 101 of such title is amended by 

9 inserting after the item relating to section 2004 the fol10 lowing new item: 

‘‘2004a. Detail of commissioned officers as students at schools of psychology.’’. 

11 SEC. 524. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. 

12 (a) IN GENERAL.—Chapter 903 of title 10, United 

13 States Code, is amended by inserting after section 9361 the 

14 following new section: 

15 ‘‘§ 9362. Air Force Academy athletic programs support 

16 ‘‘(a) ESTABLISHMENT AUTHORIZED.— 

17 ‘‘(1) IN GENERAL.—The Secretary of the Air 

18 Force may, in accordance with the laws of the State 

19 of incorporation, establish a corporation to support 

20 the athletic programs of the Academy (in this section 

21 referred to as the ‘corporation’). All stock of the cor22 poration shall be owned by the United States and 

23 held in the name of and voted by the Secretary of the 

24 Air Force. 
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1 ‘‘(2) PURPOSE.—The corporation shall operate 

2 exclusively for charitable, educational, and civic pur3 poses to support the athletic programs of the Acad4 emy. 

5 ‘‘(b) CORPORATE ORGANIZATION.—The corporation 

6 shall be organized and operated— 

7 ‘‘(1) as a nonprofit corporation under section 

8 501(c)(3) of the Internal Revenue Code of 1986; 

9 ‘‘(2) in accordance with this section; and 

10 ‘‘(3) pursuant to the laws of the State of incorpo11 ration, its articles of incorporation, and its bylaws. 

12 ‘‘(c) CORPORATE BOARD OF DIRECTORS.— 

13 ‘‘(1) COMPENSATION.—The members of the board 

14 of directors shall serve without compensation, except 

15 for reasonable travel and other related expenses for at16 tendance at meetings. 

17 ‘‘(2) AIR FORCE PERSONNEL.—The Secretary of 

18 the Air Force may authorize military and civilian 

19 personnel of the Air Force under section 1033 of this 

20 title to serve, in their official capacities, as members 

21 of the board of directors, but such personnel shall not 

22 hold more than one third of the directorships. 

23 ‘‘(d) TRANSFER FROM NONAPPROPRIATED FUND OP24 ERATION.—The Secretary of the Air Force may, subject to 

25 the acceptance of the corporation, transfer to the corpora-
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1 tion all title to and ownership of the assets and liabilities 

2 of the Air Force nonappropriated fund instrumentality 

3 whose functions include providing support for the athletic 

4 programs of the Academy, including bank accounts and fi5 nancial reserves in its accounts, equipment, supplies, and 

6 other personal property, but excluding any interest in real 

7 property. 

8 ‘‘(e) ACCEPTANCE OF GIFTS.—The Secretary of the Air 

9 Force may accept from the corporation funds, supplies, and 

10 services for the support of cadets and Academy personnel 

11 during their participation in, or in support of, Academy 

12 or corporate events related to the Academy athletic pro13 grams. 

14 ‘‘(f) LEASING.—The Secretary of the Air Force may, 

15 in accordance with section 2667 of this title, lease real and 

16 personal property to the corporation for purposes related 

17 to the Academy athletic programs. Money rentals received 

18 from any such lease may be retained and spent by the Sec19 retary to support athletic programs of the Academy.’’. 

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

21 the beginning of such chapter is amended by inserting after 

22 the item relating to section 9361 the following new item: 

‘‘9362. Air Force Academy athletic programs support.’’. 
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1 Subtitle D—Defense Dependents’ 

2 Education Matters 

3 SEC. 531. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 

4 EDUCATIONAL AGENCIES THAT BENEFIT DE5 PENDENTS OF MEMBERS OF THE ARMED 

6 FORCES AND DEPARTMENT OF DEFENSE CI7 VILIAN EMPLOYEES. 

8 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT

9 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 

10 amount authorized to be appropriated for fiscal year 2010 

11 pursuant to section 301(a)(5) for operation and mainte12 nance for Defense-wide activities, $30,000,000 shall be 

13 available only for the purpose of providing assistance to 

14 local educational agencies under subsection (a) of section 

15 572 of the National Defense Authorization Act for Fiscal 

16 Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 

17 7703b). 

18 (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT

19 CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE

20 CHANGES, OR FORCE RELOCATIONS.—Of the amount au21 thorized to be appropriated for fiscal year 2010 pursuant 

22 to section 301(5) for operation and maintenance for De23 fense-wide activities, $10,000,000 shall be available only for 

24 the purpose of providing assistance to local educational 
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1 agencies under subsection (b) of such section 572, as amend2 ed by section 533 of this Act. 

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. 532. IMPACT AID FOR CHILDREN WITH SEVERE DIS8 ABILITIES. 

9 Of the amount authorized to be appropriated for fiscal 

10 year 2010 pursuant to section 301(a)(5) for operation and 

11 maintenance for Defense-wide activities, $5,000,000 shall be 

12 available for payments under section 363 of the Floyd D. 

13 Spence National Defense Authorization Act for Fiscal Year 

14 2001 (as enacted into law by Public Law 106-398; 114 Stat. 

15 1654A–77; 20 U.S.C. 7703a). 

16 SEC. 533. TWO-YEAR EXTENSION OF AUTHORITY FOR AS17 SISTANCE TO LOCAL EDUCATIONAL AGEN18 CIES WITH ENROLLMENT CHANGES DUE TO 

19 BASE CLOSURES, FORCE STRUCTURE 

20 CHANGES, OR FORCE RELOCATIONS. 

21 Section 572(b)(4) of the National Defense Authoriza22 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

23 Stat. 3271; 20 U.S.C. 7703b(b)(4)) is amended by striking 

24 ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2012’’. 
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1 SEC. 534. PERMANENT AUTHORITY FOR ENROLLMENT IN 

2 DEFENSE DEPENDENTS’ EDUCATION SYSTEM 

3 OF DEPENDENTS OF FOREIGN MILITARY 

4 MEMBERS ASSIGNED TO SUPREME HEAD5 QUARTERS ALLIED POWERS, EUROPE. 

6 (a) PERMANENT AUTHORITY.—Subsection (a)(2) of 

7 section 1404A of the Defense Dependents’ Education Act of 

8 1978 (20 U.S.C. 923a) is amended by striking ‘‘, and only 

9 through the 2010–2011 school year’’. 

10 (b) COMBATANT COMMANDER ADVICE AND ASSIST11 ANCE.—Subsection (c)(1) of such section is amended by in12 serting after ‘‘Secretary’’ the following: ‘‘, with the advice 

13 and assistance of the commander of the geographic combat14 ant command with jurisdiction over Mons, Belgium,’’. 

15 SEC. 535. STUDY ON OPTIONS FOR EDUCATIONAL OPPOR16 TUNITIES FOR DEPENDENT CHILDREN OF 

17 MEMBERS OF THE ARMED FORCES WHO DO 

18 NOT ATTEND DEPARTMENT OF DEFENSE DE19 PENDENTS SCHOOLS. 

20 (a) STUDY ON OPTIONS FOR EDUCATIONAL OPPORTU21 NITIES.— 

22 (1) STUDY REQUIRED.—The Secretary of Defense 

23 shall, in consultation with the Secretary of Edu24 cation, conduct a study on options for educational op25 portunities that are, or may be, available for depend26 ent children of members of the Armed Forces who do 
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1 not attend Department of Defense dependents’ schools 

2 when the public elementary and secondary schools at3 tended by such children are determined to be in need 

4 of improvement pursuant to the No Child Left Behind 

5 Act of 2001 (Public Law 110–117). 

6 (2) OPTIONS.—The options to be considered 

7 under the study required by paragraph (1) shall in8 clude the following: 

9 (A) Vouchers. 

10 (B) Education provided by the Department 

11 of Defense through the Internet. 

12 (C) Charter schools. 

13 (D) Such other options as the Secretary of 

14 Defense, in consultation with the Secretary of 

15 Education, considers appropriate for purposes of 

16 the study. 

17 (3) ELEMENTS.—The study required by para18 graph (1) shall address the following matters: 

19 (A) The challenges faced by parents in mili20 tary families in securing quality elementary and 

21 secondary education for their children when the 

22 public elementary and secondary schools at23 tended by their children are identified as being 

24 in need of improvement. 
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1 (B) The extent to which perceptions of dif2 fering degrees of quality in public elementary 

3 and secondary schools in different regions of the 

4 United States affect plans of military families to 

5 relocate, including relocation pursuant to a per6 manent change of duty station. 

7 (C) The various reasons why military fami8 lies seek educational opportunities for their chil9 dren other than those available through local 

10 public elementary and secondary schools. 

11 (D) The current level of student achievement 

12 in public elementary and secondary schools in 

13 school districts which have a high percentage of 

14 students who are children of military families. 

15 (E) The educational needs of children of 

16 military families who are required by location to 

17 attend public elementary and secondary schools 

18 identified as being in need of improvement. 

19 (F) The value and impact of a school vouch20 er or other alternative educational program for 

21 military families. 

22 (G) The extent to which the options referred 

23 to in paragraph (2) would provide a meaningful 

24 option for education for military children when 

25 the public elementary and secondary schools at-
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1 tended by such children are determined to be in 

2 need of improvement. 

3 (H) The extent to which the options referred 

4 to in paragraph (2) would improve the quality 

5 of education available for students with special 

6 needs, including students with learning disabil7 ities and gifted students. 

8 (I) Such other matters as the Secretary of 

9 Defense, in consultation with the Secretary of 

10 Education, considers appropriate for purposes of 

11 the study. 

12 (b) REPORT.—Not later than March 31, 2010, the Sec13 retary of Defense shall submit to the Committee on Armed 

14 Services of the Senate and the Committee on Armed Serv15 ices of the House of Representatives a report on the study 

16 required by subsection (b). The report shall include the fol17 lowing: 

18 (1) A description of the results of the study. 

19 (2) Such recommendations for legislative or ad20 ministrative action as the Secretary of Defense con21 siders appropriate in light of the results of the study. 
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1 SEC. 536. SENSE OF SENATE ON THE INTERSTATE COMPACT 

2 ON EDUCATIONAL OPPORTUNITY FOR MILI3 TARY CHILDREN. 

4 (a) FINDINGS.—The Senate makes the following find5 ings: 

6 (1) The incongruity in how States assess and en7 roll transfer students creates challenges for the moving 

8 military family and can, in some cases, be detri9 mental to the higher education opportunities of mili10 tary children. 

11 (2) The inability to transfer credits, maintain 

12 the proper number of school-year hours, missing 

13 exams, and other obstacles can make moving as a 

14 military family difficult. 

15 (3) The average military child moves six to nine 

16 times between kindergarten and high school gradua17 tion, creating a variety of challenges and obstacles re18 lated to permanent change of station moves. 

19 (4) The demands and strains on members of the 

20 Armed Forces and their families continue to increase 

21 and will do so for the foreseeable future as the United 

22 States continues overseas contingency operations, and 

23 children and adolescents are acutely vulnerable to 

24 family stresses caused by the high operational tempo 

25 and may therefore be at a heightened risk for emo26 tional distress. 
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1 (5) The routine of the school environment can be 

2 a source of stability for military children as they cope 

3 with the disruptive challenges caused by the deploy4 ment of a parent or a relocation. 

5 (b) SENSE OF SENATE.—It is the sense of the Senate 

6 to— 

7 (1) express strong support and commendation for 

8 Alabama, Alaska, Arizona, Colorado, Connecticut, 

9 Delaware, Florida, Hawaii, Indiana, Iowa, Kansas, 

10 Kentucky, Maryland, Michigan, Mississippi, Mis11 souri, Nevada, North Carolina, Oklahoma, Texas, Vir12 ginia, and Washington as States that have success13 fully enacted the Interstate Compact on Educational 

14 Opportunity for Military Children; 

15 (2) express its strong support and encourage all 

16 remaining States to enact the Interstate Compact on 

17 Educational Opportunity for Military Children; 

18 (3) recognize the importance of the components 

19 of the Interstate Compact on Educational Oppor20 tunity for Military Children, including— 

21 (A) the transfer of educational records to ex22 pedite the proper enrollment and placement of 

23 students; 

24 (B) the ability of students to continue their 

25 enrollment at a grade level in the receiving State 
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1 commensurate with their grade level from the 

2 sending State; 

3 (C) priority for attendance to children of 

4 members of the Armed Forces assuming the 

5 school district accepts transfer students; 

6 (D) the ability of students to continue their 

7 course placement, including but not limited to 

8 Honors, International Baccalaureate, Advanced 

9 Placement, vocational, technical, and career 

10 pathways courses; 

11 (E) the recalculation of grades to consider 

12 the weights offered by a receiving school for the 

13 same performance in the same course when a 

14 student transfers from one grading system to an15 other system (for example, number-based system 

16 to letter-based system); 

17 (F) the waiver of specific courses required 

18 for graduation if similar course work has been 

19 satisfactorily completed in another local edu20 cation agency or the provision of an alternative 

21 means of acquiring required coursework so that 

22 graduation may occur on time; and 

23 (G) the recognition of an appointed guard24 ian as a custodial parent while the child’s par25 ent or parents are deployed; and 
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1 (4) express strong support for States to develop 

2 a State Council to provide for the coordination 

3 among their agencies of government, local education 

4 agencies, and military installations concerning the 

5 participation of a State in the Interstate Compact on 

6 Educational Opportunity for Military Children. 

7 SEC. 537. COMPTROLLER GENERAL AUDIT OF ASSISTANCE 

8 TO LOCAL EDUCATIONAL AGENCIES FOR DE9 PENDENT CHILDREN OF MEMBERS OF THE 

10 ARMED FORCES. 

11 (a) IN GENERAL.—The Comptroller General of the 

12 United States shall conduct an audit of the utilization by 

13 local educational agencies of the assistance specified in sub14 section (b) provided to such agencies for fiscal years 2001 

15 through 2009 for the education of dependent children of 

16 members of the Armed Forces. The audit shall include— 

17 (1) an evaluation of the utilization of such as18 sistance by such agencies; and 

19 (2) an assessment of the effectiveness of such as20 sistance in improving the quality of education pro21 vided to dependent children of members of the Armed 

22 Forces. 

23 (b) ASSISTANCE SPECIFIED.—The assistance specified 

24 in this subsection is— 

25 (1) assistance provided under— 
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1 (A) section 572 the National Defense Au2 thorization Act for Fiscal Year 2006 (Public 

3 Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b); 

4 (B) section 559 of the Ronald W. Reagan 

5 National Defense Authorization Act for Fiscal 

6 Year 2005 (Public Law 108–375; 118 Stat. 

7 1917); 

8 (C) section 536 of the National Defense Au9 thorization Act for Fiscal Year 2004 (Public 

10 Law 108–136; 117 Stat. 1474); 

11 (D) section 341 of the Bob Stump National 

12 Defense Authorization Act for Fiscal Year 2003 

13 (Public Law 107–314; 116 Stat. 2514); 

14 (E) section 351 of the National Defense Au15 thorization Act for Fiscal Year 2002 (Public 

16 Law 107–107; 115 Stat. 1063); or 

17 (F) section 362 of the Floyd D. Spence Na18 tional Defense Authorization Act for Fiscal Year 

19 2001 (as enacted into law by Public Law 106– 

20 398; 114 Stat. 1654A–76); and 

21 (2) payments made under section 363 of the 

22 Floyd D. Spence National Defense Authorization Act 

23 for Fiscal Year 2001 (as enacted into law by Public 

24 Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 
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1 (c) REPORT.—Not later than March 1, 2010, the 

2 Comptroller General shall submit to the congressional de3 fense committees a report containing the results of the audit 

4 required by subsection (a). 

5 SEC. 538. AUTHORITY TO EXTEND ELIGIBILITY FOR EN6 ROLLMENT IN DEPARTMENT OF DEFENSE EL7 EMENTARY AND SECONDARY SCHOOLS TO 

8 CERTAIN ADDITIONAL CATEGORIES OF DE9 PENDENTS. 

10 Section 2164 of title 10, United States Code, is amend11 ed by adding at the end the following new subsection: 

12 ‘‘(j) TUITION-FREE ENROLLMENT OF DEPENDENTS OF

13 FOREIGN MILITARY PERSONNEL RESIDING ON DOMESTIC

14 MILITARY INSTALLATIONS AND DEPENDENTS OF CERTAIN

15 DECEASED MEMBERS OF THE ARMED FORCES.—(1) The 

16 Secretary may authorize the enrollment in an education 

17 program provided by the Secretary pursuant to subsection 

18 (a) of a dependent not otherwise eligible for such enrollment 

19 who is the dependent of an individual described in para20 graph (2). Enrollment of such a dependent shall be on a 

21 tuition-free basis. 

22 ‘‘(2) An individual referred to in paragraph (1) is any 

23 of the following: 

24 ‘‘(A) A member of a foreign armed force residing 

25 on a military installation in the United States (in-
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1 cluding territories, commonwealths, and possessions of 

2 the United States). 

3 ‘‘(B) A deceased member of the armed forces who 

4 died in the line of duty in a combat-related operation, 

5 as designated by the Secretary.’’. 

6 Subtitle E—Military Justice and 

7 Legal Assistance Matters 

8 SEC. 541. INDEPENDENT REVIEW OF JUDGE ADVOCATE RE9 QUIREMENTS OF THE DEPARTMENT OF THE 

10 NAVY. 

11 (a) INDEPENDENT PANEL FOR REVIEW.— 

12 (1) ESTABLISHMENT.—There is hereby estab13 lished an independent panel to review the judge advo14 cate requirements of the Department of the Navy. 

15 (2) COMPOSITION.—The panel shall be composed 

16 of five members, appointed by the Secretary of De17 fense from among private United States citizens who 

18 have expertise in law, military manpower policies, 

19 the missions of the Navy and Marine Corps, and the 

20 current responsibilities of Navy and Marine Corps 

21 judge advocates in ensuring competent legal represen22 tation and advice to commanders. 

23 (3) CHAIR.—The chair of the panel shall be ap24 pointed by the Secretary from among the members of 

25 the panel appointed under paragraph (2). 
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1 (4) PERIOD OF APPOINTMENT; VACANCIES.— 

2 Members shall be appointed for the life of the panel. 

3 Any vacancy in the panel shall be filled in the same 

4 manner as the original appointment. 

5 (5) MEETINGS.—The panel shall meet at the call 

6 of the chair. 

7 (6) DEADLINE FOR APPOINTMENTS.—All original 

8 appointments to the panel shall be made not later 

9 than April 1, 2010. 

10 (7) FIRST MEETING.—The chair shall call the 

11 first meeting of the panel not later than June 1, 2010. 

12 (b) DUTIES.— 

13 (1) IN GENERAL.—The panel established under 

14 subsection (a) shall carry out a study of the policies 

15 and management and organizational practices of the 

16 Navy and Marine Corps with respect to the respon17 sibilities, assignment, and career development of judge 

18 advocates for purposes of determining the number of 

19 judge advocates required to fulfill the legal mission of 

20 the Department of the Navy. 

21 (2) REVIEW.—In carrying out the study required 

22 by paragraph (1), the panel shall— 

23 (A) review the emergent operational law re24 quirements of the Navy and Marine Corps, in25 cluding requirements for judge advocates on joint 
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1 task forces, in support of rule of law objectives in 

2 Iraq and Afghanistan, and in operational units; 

3 (B) review new requirements to support the 

4 Office of Military Commissions and to support 

5 the disability evaluation system for members of 

6 the Armed Forces; 

7 (C) review the judge advocate requirements 

8 of the Department of the Navy for the military 

9 justice mission, including assignment policies, 

10 training and education, increasing complexity of 

11 court-martial litigation, and the performance of 

12 the Navy and Marine Corps in providing legally 

13 sufficient post-trial processing of cases in general 

14 courts-martial and special courts-martial; 

15 (D) review the role of the Judge Advocate 

16 General of the Navy, as the senior uniformed 

17 legal officer of the Department of the Navy, to 

18 determine whether additional authority for the 

19 Judge Advocate General over manpower policies 

20 and assignments of judge advocates in the Navy 

21 and Marine Corps is warranted; 

22 (E) review directives issued by the Navy 

23 and the Marine Corps pertaining to jointly24 shared missions requiring legal support; 
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1 (F) review career patterns for Marine Corps 

2 judge advocates in order to identify and validate 

3 assignments to nonlegal billets required for pro4 fessional development and promotion; and 

5 (G) review, evaluate, and assess such other 

6 matters and materials as the panel considers ap7 propriate for purposes of the study. 

8 (3) UTILIZATION OF OTHER STUDIES.—In car9 rying out the study required by paragraph (1), the 

10 panel may review, and incorporate as appropriate, 

11 the findings of applicable ongoing and completed 

12 studies in future manpower requirements, including 

13 the two-part study by CNA Analysis and Solutions 

14 entitled ‘‘An Analysis of Navy JAG Corps Future 

15 Manpower Requirements’’. 

16 (4) REPORT.—Not later than 120 days after its 

17 first meeting under subsection (a)(7), the panel shall 

18 submit to the Secretary of Defense and the Commit19 tees on Armed Services of the Senate and the House 

20 of Representatives a report on the study. The report 

21 shall include— 

22 (A) the findings and conclusions of the 

23 panel as a result of the study; and 
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1 (B) any recommendations for legislative or 

2 administrative action that the panel considers 

3 appropriate in light of the study. 

4 (c) PERSONNEL MATTERS.— 

5 (1) PAY OF MEMBERS.—(A) Members of the 

6 panel established under subsection (a) shall serve 

7 without pay by reason of their work on the panel. 

8 (B) Section 1342 of title 31, United States Code, 

9 shall not apply to the acceptance of services of a 

10 member of the panel under this section. 

11 (2) TRAVEL EXPENSES.—The members of the 

12 panel shall be allowed travel expenses, including per 

13 diem in lieu of subsistence, at rates authorized for 

14 employees of agencies under subchapter I of chapter 

15 57 of title 5, United States Code, while away from 

16 their homes or regular places of business in the per17 formance or services for the panel. 

18 Subtitle F—Military Family 

19 Readiness Matters 

20 SEC. 551. ADDITIONAL MEMBERS ON THE DEPARTMENT OF 

21 DEFENSE MILITARY FAMILY READINESS 

22 COUNCIL. 

23 Section 1781a(b)(1) of title 10, United States Code, is 

24 amended— 
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1 (1) by redesignating subparagraphs (C) and (D) 

2 as subparagraphs (D) and (E), respectively; 

3 (2) by inserting after subparagraph (B) the fol4 lowing new subparagraph (C): 

5 ‘‘(C) In addition to the representatives appointed 

6 under subparagraph (B)— 

7 ‘‘(i) one representative from the National 

8 Guard, who shall be appointed by the Secretary 

9 of Defense; and 

10 ‘‘(ii) one representative from a reserve com11 ponent of the armed forces (other than the Na12 tional Guard), who shall be so appointed.’’; and 

13 (3) in subparagraph (E), as redesignated by 

14 paragraph (1), by striking ‘‘subparagraph (B)’’ and 

15 inserting ‘‘subparagraphs (B) and (C)’’. 

16 SEC. 552. COMPREHENSIVE PLAN ON PREVENTION, DIAG17 NOSIS, AND TREATMENT OF SUBSTANCE USE 

18 DISORDERS AND DISPOSITION OF SUB19 STANCE ABUSE OFFENDERS IN THE ARMED 

20 FORCES. 

21 (a) REVIEW AND ASSESSMENT OF CURRENT CAPABILI22 TIES.— 

23 (1) IN GENERAL.—Not later than 180 days after 

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

25 Defense shall, in consultation with the Secretaries of 
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1 the military departments, conduct a comprehensive 

2 review of the following: 

3 (A) The programs and activities of the De4 partment of Defense for the prevention, diag5 nosis, and treatment of substance use disorders 

6 in members of the Armed Forces. 

7 (B) The policies of the Department of De8 fense relating to the disposition of substance 

9 abuse offenders in the Armed Forces, including 

10 disciplinary action and administrative separa11 tion. 

12 (2) ELEMENTS.—The review conducted under 

13 paragraph (1) shall include, but not be limited to, an 

14 assessment of each of the following: 

15 (A) The current state and effectiveness of the 

16 programs of the Department of Defense and the 

17 military departments relating to the prevention, 

18 diagnosis, and treatment of substance use dis19 orders. 

20 (B) The adequacy of the availability of and 

21 access to care for substance abusers in military 

22 medical treatment facilities and under the 

23 TRICARE program. 

24 (C) The adequacy of oversight by the De25 partment of Defense of programs relating to the 
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1 prevention, diagnosis, and treatment of substance 

2 abuse in members of the Armed Forces. 

3 (D) The adequacy and appropriateness of 

4 current credentials and other requirements for 

5 healthcare professionals treating members of the 

6 Armed Forces with substance use disorders. 

7 (E) The advisable ratio of physician and 

8 nonphysician care providers for substance use 

9 disorders to members of the Armed Forces with 

10 such disorders. 

11 (F) The adequacy and appropriateness of 

12 protocols and directives for the diagnosis and 

13 treatment of substance use disorders in members 

14 of the Armed Forces and for the disposition, in15 cluding disciplinary action and administrative 

16 separation, of members of the Armed Forces who 

17 abuse substances. 

18 (G) The adequacy of the availability of and 

19 access to care for substance use disorders for 

20 members of the reserve components of the Armed 

21 Forces, including an identification of any obsta22 cles that are unique to the prevention, diagnosis, 

23 and treatment of substance use disorders and the 

24 appropriate disposition of substance abuse of25 fenders (including disciplinary action and ad-
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1 ministrative separation) in members of the re2 serve components of the Armed Forces. 

3 (H) The adequacy of the prevention, diag4 nosis, and treatment of substance use disorders 

5 in family members of members of the Armed 

6 Forces. 

7 (I) Any gaps in the current capabilities of 

8 the Department of Defense for the prevention, di9 agnosis, and treatment of substance use disorders 

10 in members of the Armed Forces. 

11 (3) REPORT.—Not later than 180 days after the 

12 date of the enactment of this Act, the Secretary of De13 fense shall submit to the Committees on Armed Serv14 ices of the Senate and the House of Representatives a 

15 report setting forth the findings and recommendations 

16 of the Secretary as a result of the review conducted 

17 under paragraph (1). The report shall— 

18 (A) set forth the findings and recommenda19 tions of the Secretary regarding each element of 

20 the review specified in paragraph (2); 

21 (B) set forth relevant statistics on the fre22 quency of substance use disorders, disciplinary 

23 actions, and administrative separations for sub24 stance abuse in members of the regular compo25 nents of the Armed Forces, members of the re-
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1 serve component of the Armed Forces, and to the 

2 extent applicable, dependents of such members 

3 (including spouses and children); and 

4 (C) include such other findings and rec5 ommendations on improvements to the current 

6 capabilities of the Department of Defense for the 

7 prevention, diagnosis, and treatment of substance 

8 use disorders in members of the Armed Forces 

9 and the policies relating to the disposition, in10 cluding disciplinary action and administrative 

11 separation, of members of the Armed Forces for 

12 substance abuse, as the Secretary considers ap13 propriate. 

14 (b) PLAN FOR IMPROVEMENT AND ENHANCEMENT OF

15 PROGRAMS AND POLICIES.— 

16 (1) PLAN REQUIRED.—Not later than 270 days 

17 after the date of the enactment of this Act, the Sec18 retary of Defense shall submit to the congressional de19 fense committees a comprehensive plan for the im20 provement and enhancement of the following: 

21 (A) The programs and activities of the De22 partment of Defense for the prevention, diag23 nosis, and treatment of substance use disorders 

24 in members of the Armed Forces and their de25 pendent family members. 
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1 (B) The policies of the Department of De2 fense relating to the disposition of substance 

3 abuse offenders in the Armed Forces, including 

4 disciplinary action and administrative separa5 tion. 

6 (2) BASIS.—The comprehensive plan required by 

7 paragraph (1) shall take into account the following: 

8 (A) The results of the review and assessment 

9 conducted under subsection (a). 

10 (B) Similar initiatives of the Secretary of 

11 Veterans Affairs to expand and improve care for 

12 substance use disorders among veterans, includ13 ing the programs and activities conducted under 

14 title I of the Veterans’ Mental Health and Other 

15 Care Improvements Act of 2008 (Public Law 

16 110–387; 112 Stat. 4112). 

17 (3) COMPREHENSIVE STATEMENT OF POLICY.— 

18 The comprehensive plan required by paragraph (1) 

19 shall include a comprehensive statement of the fol20 lowing: 

21 (A) The policy of the Department of Defense 

22 regarding the prevention, diagnosis, and treat23 ment of substance use disorders in members of 

24 the Armed Forces and their dependent family 

25 members. 
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1 (B) The policies of the Department of De2 fense relating to the disposition of substance 

3 abuse offenders in the Armed Forces, including 

4 disciplinary action and administrative separa5 tion. 

6 (4) AVAILABILITY OF SERVICES AND TREAT7 MENT.—The comprehensive plan required by para8 graph (1) shall include mechanisms to ensure the 

9 availability to members of the Armed Forces and 

10 their dependent family members of a core of evidence11 based practices across the spectrum of medical and 

12 non-medial services and treatments for substance use 

13 disorders. 

14 (5) PREVENTION AND REDUCTION OF DIS15 ORDERS.—The comprehensive plan required by para16 graph (1) shall include mechanisms to facilitate the 

17 prevention and reduction of substance use disorders 

18 in members of the Armed Forces through science-based 

19 initiatives, including education programs, for mem20 bers of the Armed Forces and their families. 

21 (6) SPECIFIC INSTRUCTIONS.—The comprehen22 sive plan required by paragraph (1) shall include 

23 each of the following: 

24 (A) SUBSTANCES OF ABUSE.—Instructions 

25 on the prevention, diagnosis, and treatment of 
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1 substance abuse in members of the Armed Forces, 

2 including the abuse of alcohol, illicit drugs, and 

3 nonmedical use and abuse of prescription drugs. 

4 (B) HEALTHCARE PROFESSIONALS.—In5 structions on— 

6 (i) appropriate training of healthcare 

7 professionals in the prevention, screening, 

8 diagnosis, and treatment of substance use 

9 disorders in members of the Armed Forces; 

10 (ii) appropriate staffing levels for 

11 healthcare professionals at military medical 

12 treatment facilities for the prevention, 

13 screening, diagnosis, and treatment of sub14 stance use disorders in members of the 

15 Armed Forces; and 

16 (iii) such uniform training and 

17 credentialing requirements for physician 

18 and nonphysician healthcare professionals 

19 in the prevention, screening, diagnosis, and 

20 treatment of substance use disorders in 

21 members of the Armed Forces as the Sec22 retary considers appropriate. 

23 (C) SERVICES FOR DEPENDENT FAMILY

24 MEMBERS.—Instructions on the availability of 

25 services for substance use disorders for dependent 
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1 family members of members of the Armed Forces, 

2 including instructions on making such services 

3 available to such dependents to the maximum ex4 tent practicable. 

5 (D) RELATIONSHIP BETWEEN DISCIPLINARY

6 ACTION AND TREATMENT.—Policy on the rela7 tionship between disciplinary actions and ad8 ministrative separation processing and preven9 tion and treatment of substance use disorders in 

10 members of the Armed Forces. 

11 (E) CONFIDENTIALITY.—Recommendations 

12 regarding policies pertaining to confidentiality 

13 for members of the Armed Forces in seeking or 

14 receiving services or treatment for substance use 

15 disorders. 

16 (F) PARTICIPATION OF CHAIN OF COM17 MAND.—Policy on appropriate consultation, ref18 erence to, and involvement of the chain of com19 mand of members of the Armed Forces in mat20 ters relating to the diagnosis and treatment of 

21 substance abuse and disposition of military 

22 members who abuse substances. 

23 (G) CONSIDERATION OF GENDER.—Instruc24 tions on gender specific requirements, if appro25 priate, in the prevention, diagnosis, treatment, 
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1 and management of substance use disorders in 

2 members of the Armed Forces, including gender 

3 specific care and treatment requirements. 

4 (H) COORDINATION WITH OTHER

5 HEALTHCARE INITIATIVES.—Instructions on the 

6 integration of efforts on the prevention, diag7 nosis, treatment, and management of substance 

8 use disorders in members of the Armed Forces 

9 with efforts to address co-occurring health care 

10 disorders (such as post-traumatic stress disorder 

11 (PTSD) and depression) and suicide prevention. 

12 (7) OTHER ELEMENTS.—In addition to the mat13 ters specified in paragraph (3), the comprehensive 

14 plan required by paragraph (1) shall include the fol15 lowing: 

16 (A) IMPLEMENTATION PLAN.—An imple17 mentation plan for the achievement of the goals 

18 of the comprehensive plan, including goals relat19 ing to the following: 

20 (i) Enhanced education of members of 

21 the Armed Forces and their families regard22 ing substance use disorders. 

23 (ii) Enhanced and improved identi24 fication and diagnosis of substance use dis-
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1 orders in members of the Armed Forces and 

2 their families. 

3 (iii) Enhanced and improved access of 

4 members of the Armed Forces to services 

5 and treatment for and management of sub6 stance use disorders. 

7 (iv) Appropriate staffing of military 

8 medical treatment facilities and other facili9 ties for the treatment of substance use dis10 orders in members of the Armed Forces. 

11 (B) BEST PRACTICES.—The incorporation 

12 of evidence-based best practices utilized in cur13 rent military and civilian approaches to the pre14 vention, diagnosis, treatment, and management 

15 of substance use disorders. 

16 (C) AVAILABLE RESEARCH.—The incorpora17 tion of applicable results of available studies, re18 search, and academic reviews on the prevention, 

19 diagnosis, treatment, and management of sub20 stance use disorders. 

21 (8) UPDATE IN LIGHT OF INDEPENDENT

22 STUDY.—Upon the completion of the study required 

23 by subsection (c), the Secretary of Defense shall— 

24 (A) in consultation with the Secretaries of 

25 the military departments, make such modifica-
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1 tions and improvements to the comprehensive 

2 plan required by paragraph (1) as the Secretary 

3 of Defense considers appropriate in light of the 

4 findings and recommendations of the study; and 

5 (B) submit to the congressional defense com6 mittees a report setting forth the comprehensive 

7 plan as modified and improved under subpara8 graph (A). 

9 (c) INDEPENDENT REPORT ON SUBSTANCE USE DIS10 ORDERS PROGRAMS FOR MEMBERS OF THE ARMED

11 FORCES.— 

12 (1) STUDY REQUIRED.—Upon completion of the 

13 policy review required by subsection (a), the Secretary 

14 of Defense shall provide for a study on substance use 

15 disorders programs for members of the Armed Forces 

16 to be conducted by the Institute of Medicine of the Na17 tional Academies of Sciences or such other inde18 pendent entity as the Secretary shall select for pur19 poses of the study. 

20 (2) ELEMENTS.—The study required by para21 graph (1) shall include a review and assessment of the 

22 following: 

23 (A) The adequacy and appropriateness of 

24 protocols for the diagnosis, treatment, and man-
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1 agement of substance use disorders in members of 

2 the Armed Forces. 

3 (B) The adequacy of the availability of and 

4 access to care for substance use disorders in mili5 tary medical treatment facilities and under the 

6 TRICARE program. 

7 (C) The adequacy and appropriateness of 

8 current credentials and other requirements for 

9 physician and non-physician healthcare profes10 sionals treating members of the Armed Forces 

11 with substance use disorders. 

12 (D) The advisable ratio of physician and 

13 non-physician care providers for substance use 

14 disorders to members of the Armed Forces with 

15 such disorders. 

16 (E) The adequacy of the availability of and 

17 access to care for substance use disorders for 

18 members of the reserve components of the Armed 

19 Forces when compared with the availability of 

20 and access to care for substance use disorders for 

21 members of the regular components of the Armed 

22 Forces. 

23 (F) The adequacy of the prevention, diag24 nosis, treatment, and management of substance 

25 use disorder programs for dependent family 
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1 members of members of the Armed Forces, wheth2 er such family members suffer from their own 

3 substance use disorder or because of the substance 

4 use disorder of a member of the Armed Forces. 

5 (G) Such other matters as the Secretary 

6 considers appropriate for purposes of the study. 

7 (3) REPORT.—Not later than two years after the 

8 date of the enactment of this Act, the entity con9 ducting the study required by paragraph (1) shall 

10 submit to the Secretary of Defense and the congres11 sional defense committees a report on the results of 

12 the study. The report shall set forth the findings and 

13 recommendations of the entity as a result of the 

14 study. 

15 SEC. 553. MILITARY COMMUNITY SUPPORT FOR CHILDREN 

16 WITH AUTISM AND THEIR FAMILIES. 

17 (a) POLICY ON MILITARY COMMUNITY SUPPORT RE18 QUIRED.—The Secretary of Defense shall develop and im19 plement a policy for the Department of Defense on the sup20 port of military children with autism and their families. 

21 The policy shall seek to establish and further an integrated, 

22 family-centered approach to providing services to military 

23 children with autism and their families by leveraging the 

24 resources of local military communities and local and na-
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1 tional public and private entities devoted to research and 

2 services for autism. 

3 (b) PROGRAM ON SUPPORT.— 

4 (1) PROGRAM REQUIRED.—In carrying out the 

5 policy required by subsection (a), the Secretary shall 

6 develop and carry out a program on support for mili7 tary children with autism and their families. 

8 (2) ELEMENTS.—The program required by this 

9 subsection shall provide for broad-based services, in10 cluding the following: 

11 (A) Research. 

12 (B) Early intervention. 

13 (C) Evidence-based therapeutic and medical 

14 services. 

15 (D) Education and training on autism for 

16 family members. 

17 (E) Appropriate coordination with applica18 ble school programs. 

19 (F) Vocational training for adolescent mili20 tary children with autism. 

21 (G) Family counseling for families of mili22 tary children with autism. 

23 (3) PILOT PROJECTS.—In carrying out the pro24 gram required by this subsection, the Secretary shall 

25 conduct one or more pilot projects to assess the effec-
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1 tiveness of various approaches to developing and en2 hancing integrated community support for military 

3 children with autism, including adolescent military 

4 children with autism, and their families utilizing the 

5 program elements specified in paragraph (2). 

6 (4) CONSULTATION.—For purposes of carrying 

7 out the requirements of this subsection, the Secretary 

8 shall establish a partnership with one or more entities 

9 (whether public or private) that provide services or 

10 support for, or conduct research on, individuals with 

11 autism spectrum disorder and their families. 

12 (c) REPORTS.— 

13 (1) INITIAL REPORT.—Not later than 60 days 

14 after the date of the enactment of this Act, the Sec15 retary shall submit to the congressional defense com16 mittees a report setting forth the actions the Secretary 

17 proposes to take to carry out this section and a pro18 posed schedule for the taking of such actions. 

19 (2) PILOT PROJECTS.—Not later than 60 days 

20 after the date of the completion of the pilot project or 

21 projects conducted under subsection (b)(3), the Sec22 retary shall submit to the congressional defense com23 mittees a report on the pilot project or projects. The 

24 report shall include a description of the pilot project 

25 or projects, an assessment of the lessons learned from 
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1 the pilot project or projects, and a discussion of the 

2 manner in which the lessons so learned shall be inte3 grated into the policy required by subsection (a) and 

4 the program required by subsection (b). 

5 (d) FUNDING.—Of the amount authorized to be appro6 priated for fiscal year 2010 pursuant to section 301(a)(5) 

7 for operation and maintenance, Defense-wide activities, 

8 $5,000,000 may be available to carry out this section. 

9 (e) MILITARY CHILDREN WITH AUTISM DEFINED.— 

10 In this section, the term ‘‘military children with autism’’ 

11 means dependent children of members of the Armed Forces 

12 with autism spectrum disorder. 

13 SEC. 554. REPORTS ON EFFECTS OF DEPLOYMENTS ON 

14 MILITARY CHILDREN AND THE AVAILABILITY 

15 OF MENTAL HEALTH CARE AND COUNSELING 

16 SERVICES FOR MILITARY CHILDREN. 

17 (a) IMPACT OF DEPLOYMENTS OF MILITARY PARENTS

18 ON MILITARY CHILDREN.— 

19 (1) IN GENERAL.—The Secretary of Defense shall 

20 undertake a comprehensive assessment of the impacts 

21 of military deployment on dependent children of 

22 members of the Armed Forces. The assessment shall 

23 separately address each of the categories of such chil24 dren as follows: 

25 (A) Preschool-age children. 
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1 (B) Elementary-school age children. 

2 (C) Teenage or adolescent children. 

3 (2) ELEMENTS.—The assessment undertaken 

4 under paragraph (1) shall include an assessment of 

5 the following: 

6 (A) The impact that separation due to the 

7 deployment of a military parent or parents has 

8 on children. 

9 (B) The impact that multiple deployments 

10 of a military parent or parents have on children. 

11 (C) The impact that the return from deploy12 ment of a severely wounded or injured military 

13 parent or parents has on children. 

14 (D) The impact that the death of a military 

15 parent or parents in connection with a deploy16 ment has on children. 

17 (E) The impact that deployment of a mili18 tary parent or parents has on children with pre19 existing psychological conditions, such as anxiety 

20 and depression. 

21 (F) The impact that deployment of a mili22 tary parent or parents has on risk factors such 

23 as child abuse, child neglect, family violence, 

24 substance abuse by children, or parental sub25 stance abuse. 
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1 (G) Such other matters as the Secretary 

2 considers appropriate. 

3 (3) REPORT.—Not later than one year after the 

4 date of the enactment of this Act, the Secretary shall 

5 submit to the Committees on Armed Services of the 

6 Senate and the House of Representatives a report on 

7 the assessment undertaken under paragraph (1), in8 cluding the findings and recommendations of the Sec9 retary as a result of the assessment. 

10 (b) MENTAL HEALTH CARE AND COUNSELING SERV11 ICES AVAILABLE TO MILITARY CHILDREN.— 

12 (1) IN GENERAL.—The Secretary of Defense shall 

13 conduct a comprehensive review of the mental health 

14 care and counseling services available to dependent 

15 children of members of the Armed Forces through the 

16 Department of Defense. 

17 (2) ELEMENTS.—The review under paragraph 

18 (1) shall include an assessment of the following: 

19 (A) The availability, quality, and effective20 ness of Department of Defense programs in21 tended to meet the mental health care needs of 

22 military children. 

23 (B) The availability, quality, and effective24 ness of Department of Defense programs in25 tended to promote resiliency in military children 
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1 in coping with deployment cycles, injury, or 

2 death in military parents. 

3 (C) The extent of access to, adequacy, and 

4 availability of mental health care and counseling 

5 services for military children in military med6 ical treatment facilities, in family assistance 

7 centers, through Military OneSource, under the 

8 TRICARE program, and in Department of De9 fense dependents’ schools. 

10 (D) Whether the status of a member of the 

11 Armed Forces on active duty, or in reserve active 

12 status, affects the access of a military child to 

13 mental health care and counseling services. 

14 (E) Whether, and to what extent, waiting 

15 lists, geographic distance, and other factors may 

16 obstruct the receipt by military children of men17 tal health care and counseling services. 

18 (F) The extent of access to, availability, and 

19 viability of specialized mental health care for 

20 military children (including adolescents). 

21 (G) The extent of any gaps in the current 

22 capabilities of the Department of Defense to pro23 vide preventive mental health services for mili24 tary children. 
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1 (H) Such other matters as the Secretary 

2 considers appropriate. 

3 (3) REPORT.—Not later than one year after the 

4 date of the enactment of this Act, the Secretary shall 

5 submit to the Committees on Armed Services of the 

6 Senate and the House of Representatives a report on 

7 the review conducted under paragraph (1), including 

8 the findings and recommendations of the Secretary as 

9 a result of the review. 

10 (4) COMPREHENSIVE PLAN FOR IMPROVEMENTS

11 IN ACCESS TO CARE AND COUNSELING.—The Sec12 retary shall develop a comprehensive plan for im13 provements in access to quality mental health care 

14 and counseling services for military children in order 

15 to develop and promote psychological health and resil16 ience in children of deploying and deployed members 

17 of the Armed Forces. The information in the report 

18 required by paragraph (3) shall provide the basis for 

19 the development of the plan. 

20 SEC. 555. REPORT ON CHILD CUSTODY LITIGATION INVOLV21 ING SERVICE OF MEMBERS OF THE ARMED 

22 FORCES. 

23 (a) REPORT REQUIRED.—Not later than June 1, 2010, 

24 the Secretary of Defense shall submit to the Committees on 

25 Armed Services of the Senate and the House of Representa-
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1 tives a report on all known reported cases since September 

2 2003 involving child custody disputes in which the service 

3 of a member of the Armed Forces, whether a member of a 

4 regular component of the Armed Forces or a member of a 

5 reserve component of the Armed Forces, was an issue in 

6 the custody dispute. 

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

8 shall include the following: 

9 (1) A statement of the total number of cases, by 

10 Armed Force, in which members of the Armed Forces 

11 have lost custody of a child as a result of deployment, 

12 or the prospect of deployment, under military orders. 

13 (2) A summary of applicable Federal law per14 taining to child custody disputes involving members 

15 of the Armed Forces. 

16 (3) An analysis of the litigation history of all 

17 available reported cases involving child custody dis18 putes in which the deployment of a member of the 

19 Armed Forces was an issue in the dispute, and a dis20 cussion of the rationale presented by deciding judges 

21 and courts of the reasons for their rulings. 

22 (4) An assessment of the nature and extent of the 

23 problem, if any, for members of the Armed Forces who 

24 are custodial parents in being able to deploy and per25 form their operational mission while continuing to 
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1 fulfill their role as parents with sole or joint custody 

2 of minor children. 

3 (5) A discussion of measures being taken by the 

4 States, or which are under consideration by State leg5 islatures, to address matters relating to child custody 

6 disputes in which one of the parties is a member of 

7 the Armed Forces, and an assessment whether State 

8 legislatures and State courts are cognizant of issues 

9 involving members of the Armed Forces with minor 

10 children. 

11 (6) A discussion of Family Care Plan policies 

12 aimed at ensuring that appropriate measures are 

13 taken by members of the Armed Forces to avoid liti14 gation in child custody disputes. 

15 (7) Such recommendations as the Secretary con16 siders appropriate regarding how best to assist mem17 bers of the Armed Forces who are single, custodial 

18 parents with respect to child custody disputes in con19 nection with the performance of military duties, in20 cluding the need for legislative or administrative ac21 tion to provide such assistance. 

22 (8) Such other recommendations for legislative or 

23 administrative action as the Secretary considers ap24 propriate. 
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1 SEC. 556. SENSE OF SENATE ON PREPARATION AND CO2 ORDINATION OF FAMILY CARE PLANS. 

3 (a) FINDINGS.—The Senate makes the following find4 ings: 

5 (1) Family Care Plans provide a military tool 

6 to document the plan by which members of the Armed 

7 Forces provide for the care of their family members 

8 when military duties prevent members of the Armed 

9 Forces from doing so themselves. Properly prepared 

10 Family Care Plans are essential to military readi11 ness. Minimizing the strain on members of the Armed 

12 Forces of unresolved, challenged, or voided child cus13 tody arrangements arising during deployments or 

14 temporary duty directly contributes to the national 

15 defense by enabling members of the Armed Forces to 

16 devote their entire energy to their military mission 

17 and duties. 

18 (2) When Family Care Plans are properly pre19 pared and coordinated with all affected parties, the 

20 legal difficulties that may otherwise arise in the ab21 sence of the military custodial parent often can be 

22 minimized, if not eliminated. 

23 (b) SENSE OF SENATE.—It is the sense of the Senate 

24 that— 
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1 (1) the responsibility for establishing workable 

2 and legally supportable Family Care Plans lies with 

3 the members of the Armed Forces; 

4 (2) notwithstanding that responsibility, com5 manders should— 

6 (A) ensure that the members of their com7 mand fully understand the purpose of the Fam8 ily Care Plan and its limitations, including the 

9 overriding authority of State courts to determine 

10 child custody arrangements notwithstanding a 

11 Family Care Plan; 

12 (B) understand and emphasize to their 

13 members that failure to involve, or at least in14 form, the non-custodial parent of custody ar15 rangements in anticipation of an absence can 

16 undermine the Family Care Plan or even render 

17 it useless, in such cases; and 

18 (C) apprise their members of the risks de19 scribed in subparagraph (B), and strongly en20 courage them to seek legal assistance, as far in 

21 advance of actual absences as practicable; 

22 (3) the Secretary of Defense, and the Secretary 

23 of Homeland Security with respect to matters con24 cerning the Coast Guard when it is not operating as 

25 a service in the Navy, should ensure that members of 
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1 the Armed Forces update their Family Care Plans 

2 and emphasize— 

3 (A) the importance of prior planning; 

4 (B) that Family Care Plans are necessary 

5 not only for the single parent and for the dual 

6 military couple but also for a married member 

7 of the Armed Forces who has custody of a child 

8 pursuant to a court order or separation agree9 ment or who has custody of a child whose other 

10 parent is not the current spouse of the member; 

11 (C) that in spite of how important Family 

12 Care Plans are to readiness, they are not legal 

13 documents that can change a court-mandated 

14 custodial arrangement or interfere with the other 

15 parent’s right to custody of his or her child; 

16 (D) that, to the greatest extent possible, a 

17 member of the Armed Forces should inform the 

18 other parent of the member’s impending absence 

19 due to military orders if such absence prohibits 

20 the member from fulfilling the member’s custody 

21 responsibilities and inform that other parent of 

22 the Family Care Plan; 

23 (E) that a member of the Armed Forces 

24 should attempt to obtain the consent of the non25 custodial or adoptive parent to any Family Care 
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1 Plan that would leave the child in the care of a 

2 third party; and 

3 (F) that if a member of the Armed Forces 

4 cannot or will not contact the non-custodial par5 ent or cannot obtain that parent’s consent to the 

6 Family Care Plan, the commander of the mem7 ber should— 

8 (i) counsel the member about the im9 plications; and 

10 (ii) encourage in the strongest possible 

11 terms that the member seek immediate help 

12 from a legal assistance attorney or other 

13 qualified legal counsel; and 

14 (4) attorneys providing legal assistance as de15 scribed in paragraph (3)(F)(ii) should provide mem16 bers of the Armed Forces a full explanation of the 

17 dangers of not involving the non-custodial parent and 

18 discuss appropriate courses of action. 

19 SEC. 557. EXPANSION OF SUICIDE PREVENTION AND COM20 MUNITY HEALING AND RESPONSE TRAINING 

21 UNDER THE YELLOW RIBBON REINTEGRA22 TION PROGRAM. 

23 Section 582 of the National Defense Authorization Act 

24 for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 

25 10101 note) is amended— 
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1 (1) in subsection (h)— 

2 (A) by striking paragraph (3); and 

3 (B) by redesignating paragraphs (4) 

4 through (15) as paragraphs (3) through (14), re5 spectively; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(i) SUICIDE PREVENTION AND COMMUNITY HEALING

9 AND RESPONSE PROGRAM.— 

10 ‘‘(1) ESTABLISHMENT.—As part of the Yellow 

11 Ribbon Reintegration Program, the Office for Re12 integration Programs shall establish a program to 

13 provide National Guard and Reserve members and 

14 their families, and in coordination with community 

15 programs, assist the communities, with training in 

16 suicide prevention and community healing and re17 sponse to suicide. 

18 ‘‘(2) DESIGN.—In establishing the program 

19 under paragraph (1), the Office for Reintegration 

20 Programs shall consult with— 

21 ‘‘(A) persons that have experience and ex22 pertise with combining military and civilian 

23 intervention strategies that reduce risk and pro24 mote healing after a suicide attempt or suicide 
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1 death for National Guard and Reserve members; 

2 and 

3 ‘‘(B) the adjutant general of each State, the 

4 Commonwealth of Puerto Rico, the District of 

5 Columbia, Guam, and the Virgin Islands. 

6 ‘‘(3) OPERATION.— 

7 ‘‘(A) SUICIDE PREVENTION TRAINING.—The 

8 Office for Reintegration Programs shall provide 

9 National Guard and Reserve members with 

10 training in suicide prevention. Such training 

11 shall include— 

12 ‘‘(i) describing the warning signs for 

13 suicide and teaching effective strategies for 

14 prevention and intervention; 

15 ‘‘(ii) examining the influence of mili16 tary culture on risk and protective factors 

17 for suicide; and 

18 ‘‘(iii) engaging in interactive case sce19 narios and role plays to practice effective 

20 intervention strategies. 

21 ‘‘(B) COMMUNITY HEALING AND RESPONSE

22 TRAINING.—The Office for Reintegration Pro23 grams shall provide the families and commu24 nities of National Guard and Reserve members 

25 with training in responses to suicide that pro-
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1 mote individual and community healing. Such 

2 training shall include— 

3 ‘‘(i) enhancing collaboration among 

4 community members and local service pro5 viders to create an integrated, coordinated 

6 community response to suicide; 

7 ‘‘(ii) communicating best practices for 

8 preventing suicide, including safe mes9 saging, appropriate memorial services, and 

10 media guidelines; 

11 ‘‘(iii) addressing the impact of suicide 

12 on the military and the larger community, 

13 and the increased risk that can result; and 

14 ‘‘(iv) managing resources to assist key 

15 community and military service providers 

16 in helping the families, friends, and fellow 

17 soldiers of a suicide victim through the 

18 processes of grieving and healing. 

19 ‘‘(C) COLLABORATION WITH CENTERS OF

20 EXCELLENCE.—The Office for Reintegration Pro21 grams, in consultation with the Defense Centers 

22 of Excellence for Psychological Health and Trau23 matic Brain Injury, shall collect and analyze 

24 ‘lessons learned’ and suggestions from State Na25 tional Guard and Reserve organizations with ex-
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1 isting or developing suicide prevention and com2 munity response programs. 

3 ‘‘(4) TERMINATION.—The program established 

4 under this subsection shall terminate on October 1, 

5 2012.’’. 

6 SEC. 558. REPORT ON YELLOW RIBBON REINTEGRATION 

7 PROGRAM. 

8 (a) REPORT REQUIRED.—Not later than 180 days 

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

10 of Defense shall submit to the congressional defense commit11 tees a report on the various reintegration programs being 

12 administered in support of National Guard and Reserve 

13 members and their families. 

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

15 shall include the following: 

16 (1) An evaluation of the initial implementation 

17 of the Yellow Ribbon Reintegration Program in fiscal 

18 year 2009, including an assessment of the best prac19 tices from pilot programs offered by various States to 

20 provide supplemental services to Yellow Ribbon and 

21 the feasibility of incorporating those practices into 

22 Yellow Ribbon. 

23 (2) An assessment of the extent to which Yellow 

24 Ribbon funding, although requested in multiple com25 ponent accounts, supports robust joint programs that 
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1 provide reintegration and support services to Na2 tional Guard and Reserve members and their families 

3 regardless of military affiliation. 

4 (3) An assessment of the extent to which Yellow 

5 Ribbon programs are coordinating closely with the 

6 Department of Veterans Affairs and its various vet7 erans’ programs. 

8 (4) Plans for further implementation of the Yel9 low Ribbon Reintegration Program in fiscal year 

10 2010. 

11 SEC. 559. IMPROVED ACCESS TO MENTAL HEALTH CARE 

12 FOR FAMILY MEMBERS OF MEMBERS OF THE 

13 NATIONAL GUARD AND RESERVE WHO ARE 

14 DEPLOYED OVERSEAS. 

15 (a) INITIATIVE TO INCREASE ACCESS TO MENTAL

16 HEALTH CARE.— 

17 (1) IN GENERAL.—The Secretary of Defense shall 

18 develop and implement a plan to expand existing ini19 tiatives of the Department of Defense to increase ac20 cess to mental health care for family members of 

21 members of the National Guard and Reserve deployed 

22 overseas during the periods of mobilization, deploy23 ment, and demobilization of such members of the Na24 tional Guard and Reserve. 
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1 (2) ELEMENTS.—The plan required by para2 graph (1) shall include the following: 

3 (A) Programs and activities to educate fam4 ily members of members of the National Guard 

5 and Reserve who are deployed overseas on poten6 tial mental health challenges connected with such 

7 deployment. 

8 (B) Programs and activities to provide such 

9 family members with complete information on 

10 all mental health resources available to such 

11 family members through the Department of De12 fense and otherwise. 

13 (C) Efforts to expand counseling activities 

14 for such family members in local communities. 

15 (b) REPORTS.— 

16 (1) IN GENERAL.—Not later than 180 days after 

17 the date of the enactment of this Act, and at such 

18 times thereafter as the Secretary of Defense considers 

19 appropriate, the Secretary of Defense shall submit to 

20 the Committees on Armed Services of the Senate and 

21 the House of Representatives a report on this section. 

22 (2) ELEMENTS.—Each report shall include the 

23 following: 

24 (A) A current assessment of the extent to 

25 which family members of members of the Na-
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1 tional Guard and Reserve who are deployed over2 seas have access to, and are utilizing, mental 

3 health care available under this section. 

4 (B) A current assessment of the quality of 

5 mental health care being provided to family 

6 members of members of the National Guard and 

7 Reserve who are deployed overseas, and an as8 sessment of expanding coverage for mental health 

9 care services under the TRICARE program to 

10 mental health care services provided at facilities 

11 currently outside the network of the TRICARE 

12 program. 

13 (C) Such recommendations for legislative or 

14 administration action as the Secretary considers 

15 appropriate in order to further assure full access 

16 to mental health care by family members of 

17 members of the National Guard and Reserve who 

18 are deployed overseas during the mobilization, 

19 deployment, and demobilization of such members 

20 of the National Guard and Reserve. 
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1 SEC. 560. FULL ACCESS TO MENTAL HEALTH CARE FOR 

2 FAMILY MEMBERS OF MEMBERS OF THE NA3 TIONAL GUARD AND RESERVE WHO ARE DE4 PLOYED OVERSEAS. 

5 (a) EXPANDED INITIATIVE TO INCREASE ACCESS TO

6 MENTAL HEALTH CARE.— 

7 (1) IN GENERAL.—The Secretary of Defense shall 

8 expand existing Department of Defense initiatives to 

9 increase access to mental health care for family mem10 bers of members of the National Guard and Reserve 

11 deployed overseas during the periods of mobilization, 

12 deployment, and demobilization of such members of 

13 the National Guard and Reserve. 

14 (2) ELEMENTS.—The expanded initiatives, 

15 which shall build upon and be consistent with ongo16 ing efforts, shall include the following: 

17 (A) Programs and activities to educate the 

18 family members of members of the National 

19 Guard and Reserve who are deployed overseas on 

20 potential mental health challenges connected with 

21 such deployment. 

22 (B) Programs and activities to provide such 

23 family members with complete information on 

24 all mental health resources available to such 

25 family members through the Department of De26 fense and otherwise. 
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1 (C) Guidelines for mental health counselors 

2 at military installations in communities with 

3 large numbers of mobilized members of the Na4 tional Guard and Reserve to expand the reach of 

5 their counseling activities to include families of 

6 such members in such communities. 

7 (b) REPORTS.— 

8 (1) IN GENERAL.—Not later than 180 days after 

9 the date of the enactment of this Act, and at such 

10 times as the Secretary deems appropriate thereafter, 

11 the Secretary of Defense shall submit to the Commit12 tees on Armed Services of the Senate and the House 

13 of Representatives a report on this section. 

14 (2) ELEMENTS.—Each report shall include the 

15 following: 

16 (A) A current assessment of the extent to 

17 which family members of members of the Na18 tional Guard and Reserve who are deployed over19 seas have access to, and are utilizing, mental 

20 health care available under this section. 

21 (B) A current assessment of the quality of 

22 mental health care being provided to family 

23 members of members of the National Guard and 

24 Reserve who are deployed overseas, and an as25 sessment of expanding coverage for mental health 
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1 care services under the TRICARE program to 

2 mental health care services provided at facilities 

3 currently outside the accredited network of the 

4 TRICARE program. 

5 (C) Such recommendations for legislative or 

6 administration action as the Secretary considers 

7 appropriate in order to further assure full access 

8 to mental health care by family members of 

9 members of the National Guard and Reserve who 

10 are deployed overseas during the mobilization, 

11 deployment, and demobilization of such members 

12 of the National Guard and Reserve. 

13 SEC. 561. COMPTROLLER GENERAL REPORT ON CHILD 

14 CARE ASSISTANCE FOR DEPLOYED MEMBERS 

15 OF THE RESERVE COMPONENTS OF THE 

16 ARMED FORCES. 

17 (a) IN GENERAL.—Not later than 18 months after the 

18 date of the enactment of this Act, the Comptroller General 

19 of the United States shall submit to the Committees on 

20 Armed Services of the Senate and the House of Representa21 tive a report on financial assistance for child care provided 

22 by the Department of Defense, including through the Oper23 ation: Military Child Care and Military Child Care in 

24 Your Neighborhood programs, to members of the reserve 
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1 components of the Armed Forces who are deployed in con2 nection with a contingency operation. 

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

4 shall include an assessment of the following: 

5 (1) The types of financial assistance for child 

6 care made available by the Department of Defense to 

7 members of the reserve components of the Armed 

8 Forces who are deployed in connection with a contin9 gency operation. 

10 (2) The extent to which such members have taken 

11 advantage of such assistance since such assistance was 

12 first made available. 

13 (3) The formulas used for calculating the amount 

14 of such assistance provided to such members. 

15 (4) The funding allocated to such assistance. 

16 (5) The remaining costs of child care to families 

17 of such members that are not covered by the Depart18 ment of Defense. 

19 (6) Any barriers to access to such assistance 

20 faced by such members and the families of such mem21 bers. 

22 (7) The different criteria used by different States 

23 with respect to the regulation of child care services 

24 and the potential impact differences in such criteria 
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1 may have on the access of such members to such as2 sistance. 

3 (8) The different standards and criteria used by 

4 different programs of the Department of Defense for 

5 providing such assistance with respect to child care 

6 providers and the potential impact differences in such 

7 standards and criteria may have on the access of such 

8 members to such assistance. 

9 (9) Any other matters the Comptroller General 

10 determines relevant to the improvement of financial 

11 assistance for child care made available by the De12 partment of Defense to members of the reserve compo13 nents of the Armed Forces who are deployed in con14 nection with a contingency operation. 

15 Subtitle G—Other Matters 

16 SEC. 571. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN 

17 THE ARMED FORCES BY DEFENSE TASK 

18 FORCE ON SEXUAL ASSAULT IN THE MILI19 TARY SERVICES. 

20 Section 576(e)(1) of the Ronald W. Reagan National 

21 Defense Authorization Act for Fiscal Year 2005 (Public 

22 Law 108–375; 118 Stat. 1924; 10 U.S.C. 4331 note) is 

23 amended by striking ‘‘one year after the initiation of its 

24 examination under subsection (b)’’ and inserting ‘‘Decem25 ber 1, 2009’’. 
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1 SEC. 572. CLARIFICATION OF PERFORMANCE POLICIES FOR 

2 MILITARY MUSICAL UNITS AND MUSICIANS. 

3 (a) CLARIFICATION.—Section 974 of title 10, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 974. Military musical units and musicians: per6 formance policies; restriction on perform7 ance in competition with local civilian 

8 musicians 

9 ‘‘(a) MILITARY MUSICIANS PERFORMING IN AN OFFI10 CIAL CAPACITY.—(1) A military musical unit, and a mem11 ber of the armed forces who is a member of such a unit 

12 performing in an official capacity, may not engage in the 

13 performance of music in competition with local civilian 

14 musicians. 

15 ‘‘(2) For purposes of paragraph (1), the following 

16 shall, except as provided in paragraph (3), be included 

17 among the performances that are considered to be a per18 formance of music in competition with local civilian musi19 cians: 

20 ‘‘(A) A performance that is more than incidental 

21 to an event that— 

22 ‘‘(i) is not supported, in whole or in part, 

23 by United States Government funds; and 

24 ‘‘(ii) is not free to the public. 

25 ‘‘(B) A performance of background, dinner, 

26 dance, or other social music at an event that— 
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1 ‘‘(i) is not supported, in whole or in part, 

2 by United States Government funds; and 

3 ‘‘(ii) is held at a location not on a military 

4 installation. 

5 ‘‘(3) For purposes of paragraph (1), the following shall 

6 not be considered to be a performance of music in competi7 tion with local civilian musicians: 

8 ‘‘(A) A performance (including background, din9 ner, dance, or other social music) at an official 

10 United States Government event that is supported, in 

11 whole or in part, by United States Government funds. 

12 ‘‘(B) A performance at a concert, parade, or 

13 other event, that— 

14 ‘‘(i) is a patriotic event or a celebration of 

15 a national holiday; and 

16 ‘‘(ii) is free to the public. 

17 ‘‘(C) A performance that is incidental to an 

18 event that— 

19 ‘‘(i) is not supported, in whole or in part, 

20 by United States Government funds; or 

21 ‘‘(ii) is not free to the public. 

22 ‘‘(D) A performance (including background, din23 ner, dance, or other social music) at— 
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1 ‘‘(i) an event that is sponsored by or for a 

2 military welfare society, as defined in section 

3 2566 of this title; 

4 ‘‘(ii) an event that is a traditional military 

5 event intended to foster the morale and welfare 

6 of members of the armed forces and their fami7 lies; or 

8 ‘‘(iii) an event that is specifically for the 

9 benefit or recognition of members of the armed 

10 forces, their family members, veterans, civilian 

11 employees of the Department of Defense, or 

12 former civilian employees of the Department of 

13 Defense, to the extent provided in regulations 

14 prescribed by the Secretary of Defense. 

15 ‘‘(E) A performance (including background, din16 ner, dance, or other social music)— 

17 ‘‘(i) to uphold the standing and prestige of 

18 the United States with dignitaries and distin19 guished or prominent persons or groups of the 

20 United States or another nation; or 

21 ‘‘(ii) in support of fostering and sustaining 

22 a cooperative relationship with another nation. 

23 ‘‘(b) PROHIBITION OF MILITARY MUSICIANS ACCEPT24 ING ADDITIONAL REMUNERATION FOR OFFICIAL PERFORM25 ANCES.—A military musical unit, and a member of the 
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1 armed forces who is a member of such a unit performing 

2 in an official capacity, may not receive remuneration for 

3 an official performance, other than applicable military pay 

4 and allowances. 

5 ‘‘(c) RECORDINGS.—(1) When authorized under regu6 lations prescribed by the Secretary of Defense for purposes 

7 of this section, a military musical unit may produce record8 ings for distribution to the public, at a cost not to exceed 

9 expenses of production and distribution. 

10 ‘‘(2) Amounts received in payment for a recording dis11 tributed to the public under this subsection shall be credited 

12 to the appropriation or account providing the funds for the 

13 production of the recording. Any amount so credited shall 

14 be merged with amounts in the appropriation or account 

15 to which credited, and shall be available for the same pur16 poses, and subject to the same conditions and limitations, 

17 as amounts in such appropriation or account. 

18 ‘‘(d) PERFORMANCES AT FOREIGN LOCATIONS.—Sub19 section (a) does not apply to a performance outside the 

20 United States, its commonwealths, or its possessions. 

21 ‘‘(e) MILITARY MUSICAL UNIT DEFINED.—In this sec22 tion, the term ‘military musical unit’ means a band, ensem23 ble, chorus, or similar musical unit of the armed forces.’’. 
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1 (b) CLERICAL AMENDMENT.—The item relating to 

2 such section in the table of sections at the beginning of chap3 ter 49 of such title is amended to read as follows: 

‘‘974. Military musical units and musicians: performance policies; restriction on 

performance in competition with local civilian musicians.’’. 

4 SEC. 573. GUARANTEE OF RESIDENCY FOR SPOUSES OF 

5 MILITARY PERSONNEL FOR VOTING PUR6 POSES. 

7 (a) IN GENERAL.—Section 705 of the Servicemembers 

8 Civil Relief Act (50 U.S.C. App. 595) is amended— 

9 (1) by striking ‘‘For’’ and inserting the fol10 lowing: 

11 ‘‘(a) IN GENERAL.—For’’; 

12 (2) by adding at the end the following new sub13 section: 

14 ‘‘(b) SPOUSES.—For the purposes of voting for any 

15 Federal office (as defined in section 301 of the Federal Elec16 tion Campaign Act of 1971 (2 U.S.C. 431)) or a State or 

17 local office, a person who is absent from a State because 

18 the person is accompanying the person’s spouse who is ab19 sent from that same State in compliance with military or 

20 naval orders shall not, solely by reason of that absence— 

21 ‘‘(1) be deemed to have lost a residence or domi22 cile in that State, without regard to whether or not 

23 the person intends to return to that State; 
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1 ‘‘(2) be deemed to have acquired a residence or 

2 domicile in any other State; or 

3 ‘‘(3) be deemed to have become a resident in or 

4 a resident of any other State.’’; and 

5 (3) in the section heading, by inserting ‘‘AND

6 SPOUSES OF MILITARY PERSONNEL’’ before the 

7 period at the end. 

8 (b) CLERICAL AMENDMENT.—The table of contents in 

9 section 1(b) of such Act (50 U.S.C. App. 501) is amended 

10 by striking the item relating to section 705 and inserting 

11 the following new item: 

‘‘Sec. 705. Guarantee of residency for military personnel and spouses of military 

personnel.’’. 

12 (c) APPLICATION.—Subsection (b) of section 705 of 

13 such Act (50 U.S.C. App. 595), as added by subsection (a) 

14 of this section, shall apply with respect to absences from 

15 States described in such subsection (b) on or after the date 

16 of the enactment of this Act, regardless of the date of the 

17 military or naval order concerned. 

18 SEC. 574. DETERMINATION FOR TAX PURPOSES OF RESI19 DENCE OF SPOUSES OF MILITARY PER20 SONNEL. 

21 (a) IN GENERAL.—Section 511 of the Servicemembers 

22 Civil Relief Act (50 U.S.C. App. 571) is amended— 

23 (1) in subsection (a)— 
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1 (A) by striking ‘‘A servicemember’’ and in2 serting the following: 

3 ‘‘(1) IN GENERAL.—A servicemember’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(2) SPOUSES.—A spouse of a servicemember 

6 shall neither lose nor acquire a residence or domicile 

7 for purposes of taxation with respect to the person, 

8 personal property, or income of the spouse by reason 

9 of being absent or present in any tax jurisdiction of 

10 the United States solely to be with the servicemember 

11 in compliance with the servicemember’s military or12 ders if the residence or domicile, as the case may be, 

13 is the same for the servicemember and the spouse.’’; 

14 (2) by redesignating subsections (c), (d), (e), and 

15 (f) as subsections (d), (e), (f), and (g), respectively; 

16 (3) by inserting after subsection (b) the following 

17 new subsection: 

18 ‘‘(c) INCOME OF A MILITARY SPOUSE.—Income for 

19 services performed by the spouse of a servicemember shall 

20 not be deemed to be income for services performed or from 

21 sources within a tax jurisdiction of the United States if the 

22 spouse is not a resident or domiciliary of the jurisdiction 

23 in which the income is earned because the spouse is in the 

24 jurisdiction solely to be with the servicemember serving in 

25 compliance with military orders.’’; and 
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1 (4) in subsection (d), as redesignated by para2 graph (2)— 

3 (A) in paragraph (1), by inserting ‘‘or the 

4 spouse of a servicemember’’ after ‘‘The personal 

5 property of a servicemember’’; and 

6 (B) in paragraph (2), by inserting ‘‘or the 

7 spouse’s’’ after ‘‘servicemember’s’’. 

8 (b) APPLICATION.—Subsections (a)(2) and (c) of sec9 tion 511 of such Act (50 U.S.C. App. 571), as added by 

10 subsection (a) of this section, and the amendments made 

11 to such section 511 by subsection (a)(4) of this section, shall 

12 apply with respect to any return of State or local income 

13 tax filed for any taxable year beginning with the taxable 

14 year that includes the date of the enactment of this Act. 

15 SEC. 575. SUSPENSION OF LAND RIGHTS RESIDENCY RE16 QUIREMENT FOR SPOUSES OF MILITARY PER17 SONNEL. 

18 (a) IN GENERAL.—Section 508 of the Servicemembers 

19 Civil Relief Act (50 U.S.C. App. 568) is amended in sub20 section (b) by inserting ‘‘or the spouse of such servicemem21 ber’’ after ‘‘a servicemember in military service’’. 

22 (b) APPLICATION.—The amendment made by sub23 section (a) shall apply with respect to servicemembers in 

24 military service (as defined in section 101 of such Act (50 
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1 U.S.C. App. 511)) on or after the date of the enactment 

2 of this Act. 

3 SEC. 576. MODIFICATION OF DEPARTMENT OF DEFENSE 

4 SHARE OF EXPENSES UNDER NATIONAL 

5 GUARD YOUTH CHALLENGE PROGRAM. 

6 (a) MODIFICATION.—Section 509(d)(1) of title 32, 

7 United States Code, is amended by striking ‘‘may not ex8 ceed’’ and all that follows and inserting ‘‘may not exceed 

9 the amount as follows: 

10 ‘‘(A) In the case of a State program of the Pro11 gram in either of its first two years of operation, an 

12 amount equal to 100 percent of the costs of operating 

13 the State program in that fiscal year. 

14 ‘‘(B) In the case of any other State program of 

15 the Program, an amount equal to 75 percent of the 

16 costs of operating the State program in that fiscal 

17 year.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by sub19 section (a) shall take effect on October 1, 2009, and shall 

20 apply with respect to fiscal years beginning on or after that 

21 date. 
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1 SEC. 577. PROVISION TO MEMBERS OF THE ARMED FORCES 

2 AND THEIR FAMILIES OF COMPREHENSIVE 

3 INFORMATION ON BENEFITS FOR MEMBERS 

4 OF THE ARMED FORCES AND THEIR FAMI5 LIES. 

6 (a) PROVISION OF COMPREHENSIVE INFORMATION RE7 QUIRED.—The Secretary of the military department con8 cerned shall, at each time specified in subsection (b), pro9 vide to each member of the Armed Forces and, when prac10 ticable, the family members of such member comprehensive 

11 information on the benefits available to such member and 

12 family members as described in subsection (c), including 

13 the estimated monetary amount of such benefits and of any 

14 applicable offsets to such benefits. 

15 (b) TIMES FOR PROVISION OF INFORMATION.—Com16 prehensive information on benefits shall be provided a mem17 ber of the Armed Forces and family members at each time 

18 as follows: 

19 (1) Within 180 days of the enlistment, accession, 

20 or commissioning of the member as a member of the 

21 Armed Forces. 

22 (2) Within 180 days of a determination that the 

23 member— 

24 (A) has incurred a service-connected dis25 ability; and 
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1 (B) is unfit to perform the duties of the 

2 member’s office, grade, rank, or rating because of 

3 such disability. 

4 (3) Upon the discharge, separation, retirement, 

5 or release of the member from the Armed Forces. 

6 (c) COVERED BENEFITS.—The benefits on which a 

7 member of the Armed Forces and family members shall be 

8 provided comprehensive information under this section 

9 shall be as follows: 

10 (1) At all the times described in subsection (b), 

11 the benefits shall include the following: 

12 (A) Financial compensation, including fi13 nancial counseling. 

14 (B) Health care and life insurance pro15 grams for members of the Armed Forces and 

16 their families. 

17 (C) Death benefits. 

18 (D) Entitlements and survivor benefits for 

19 dependents of the Armed Forces, including offsets 

20 in the receipt of such benefits under the Survivor 

21 Benefit Plan and in connection with the receipt 

22 of dependency and indemnity compensation. 

23 (E) Educational assistance benefits, includ24 ing limitations on and the transferability of such 

25 assistance. 
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1 (F) Housing assistance benefits, including 

2 counseling. 

3 (G) Relocation planning and preparation. 

4 (H) Such other benefits as the Secretary 

5 concerned considers appropriate. 

6 (2) At the time described in paragraph (1) of 

7 such subsection, the benefits shall include the fol8 lowing: 

9 (A) Maintaining military records. 

10 (B) Legal assistance. 

11 (C) Quality of life programs. 

12 (D) Family and community programs. 

13 (E) Such other benefits as the Secretary 

14 concerned considers appropriate. 

15 (3) At the times described in paragraphs (2) and 

16 (3) of such subsection, the benefits shall include the 

17 following: 

18 (A) Employment assistance. 

19 (B) Continuing Reserve Component service. 

20 (C) Disability benefits, including offsets in 

21 connection with the receipt of such benefits. 

22 (D) Benefits and services provided under 

23 laws administered by the Secretary of Veterans 

24 Affairs. 
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1 (E) Such other benefits as the Secretary 

2 concerned considers appropriate. 

3 (d) BIENNIAL NOTICE TO MEMBERS OF THE ARMED

4 FORCES ON THE VALUE OF PAY AND BENEFITS.— 

5 (1) BIENNIAL NOTICE REQUIRED.—The Sec6 retary of each military department shall provide to 

7 each member of the Armed Forces under the jurisdic8 tion of such Secretary on a biennial basis notice on 

9 the value of the pay and benefits paid or provided to 

10 such member by law during the preceding year. The 

11 notice may be provided in writing or electronically, 

12 at the election of the Secretary. 

13 (2) ELEMENTS.—Each notice provided a member 

14 under paragraph (1) shall include the following: 

15 (A) A statement of the estimated value of 

16 the military health care, retirement benefits, dis17 ability benefits, commissary and exchange privi18 leges, government-provided housing, tax benefits 

19 associated with service in the Armed Forces, and 

20 special pays paid or provided the member dur21 ing the preceding 24 months. 

22 (B) A notice regarding the death and sur23 vivor benefits, including Servicemembers’ Group 

24 Life Insurance, to which the family of the mem25 ber would be entitled in the event of the death of 
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1 the member, and a description of any offsets that 

2 might be applicable to such benefits. 

3 (C) Information on other programs avail4 able to members of the Armed Forces generally, 

5 such as access to morale, welfare, and recreation 

6 (MWR) facilities, child care, and education tui7 tion assistance, and the estimated value, if ascer8 tainable, of the availability of such programs in 

9 the area where the member is stationed or re10 sides. 

11 (e) OTHER OUTREACH.— 

12 (1) IN GENERAL.—The Secretaries of the mili13 tary departments shall, on a periodic basis, conduct 

14 outreach on the pay, benefits, and programs and serv15 ices available to members of the Armed Forces by rea16 son of service in the Armed Forces. The outreach shall 

17 be conducted pursuant to public service announce18 ments, publications, and such other announcements 

19 through general media as will serve to disseminate the 

20 information broadly among the general public. 

21 (2) INTERNET OUTREACH WEBSITE.— 

22 (A) IN GENERAL.—The Secretary of Defense 

23 shall establish an Internet website for the pur24 pose of providing the comprehensive information 

25 about the benefits and offsets described in sub-
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1 section (c) to members of the Armed Forces and 

2 their families. 

3 (B) CONTACT INFORMATION.—The Internet 

4 website required by subparagraph (A) shall pro5 vide contact information, both telephone and e6 mail, that a member of the Armed Forces and a 

7 family member of the member can use to get per8 sonalized information about the benefits and off9 sets described in subsection (c). 

10 (f) REPORTS.— 

11 (1) INITIAL REPORT.—Not later than one year 

12 after the date of the enactment of this Act, the Sec13 retary of Defense shall submit to the congressional de14 fense committees a report on the implementation of 

15 the requirements of this section by the Department of 

16 Defense. Such report shall include a description of the 

17 quality and scope of available online resources that 

18 provide information about benefits for members of the 

19 Armed Forces and their families. 

20 (2) RECORDS MAINTAINED.—The Secretary of 

21 Defense or the military department concerned shall 

22 maintain records that contain the number of individ23 uals that received a briefing under this section in the 

24 previous year disaggregated by the following: 
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1 (A) Whether the individual is a member of 

2 the Armed Forces or a family member of a mem3 ber of the Armed Forces. 

4 (B) The Armed Force of the members. 

5 (C) The State or territory in which the 

6 briefing occurred. 

7 (D) The subject of the briefing. 

8 Subtitle H—Military Voting 

9 SEC. 581. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Military and Over11 seas Voter Empowerment Act’’. 

12 SEC. 582. FINDINGS. 

13 Congress makes the following findings: 

14 (1) The right to vote is a fundamental right. 

15 (2) Due to logistical, geographical, operational 

16 and environmental barriers, military and overseas 

17 voters are burdened by many obstacles that impact 

18 their right to vote and register to vote, the most crit19 ical of which include problems transmitting balloting 

20 materials and not being given enough time to vote. 

21 (3) States play an essential role in facilitating 

22 the ability of military and overseas voters to register 

23 to vote and have their ballots cast and counted, espe24 cially with respect to timing and improvement of ab-
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1 sentee voter registration and absentee ballot proce2 dures. 

3 (4) The Department of Defense educates military 

4 and overseas voters of their rights under the Uni5 formed and Overseas Citizens Absentee Voting Act 

6 and plays an indispensable role in facilitating the 

7 procedural channels that allow military and overseas 

8 voters to have their votes count. 

9 (5) The local, State, and Federal Government en10 tities involved with getting ballots to military and 

11 overseas voters must work in conjunction to provide 

12 voter registration services and balloting materials in 

13 a secure and expeditious manner. 

14 SEC. 583. CLARIFICATION REGARDING DELEGATION OF 

15 STATE RESPONSIBILITIES. 

16 A State may delegate its responsibilities in carrying 

17 out the requirements under the Uniformed and Overseas 

18 Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) im19 posed as a result of the provisions of and amendments made 

20 by this Act to jurisdictions of the State. 
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1 SEC. 584. ESTABLISHMENT OF PROCEDURES FOR ABSENT 

2 UNIFORMED SERVICES VOTERS AND OVER3 SEAS VOTERS TO REQUEST AND FOR STATES 

4 TO SEND VOTER REGISTRATION APPLICA5 TIONS AND ABSENTEE BALLOT APPLICA6 TIONS BY MAIL AND ELECTRONICALLY. 

7 (a) IN GENERAL.—Section 102 of the Uniformed and 

8 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

9 1) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (4), by striking ‘‘and’’ at 

12 the end; 

13 (B) in paragraph (5), by striking the period 

14 at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following new 

16 paragraph: 

17 ‘‘(6) in addition to any other method of reg18 istering to vote or applying for an absentee ballot in 

19 the State, establish procedures— 

20 ‘‘(A) for absent uniformed services voters 

21 and overseas voters to request by mail and elec22 tronically voter registration applications and ab23 sentee ballot applications with respect to general, 

24 special, primary, and runoff elections for Federal 

25 office in accordance with subsection (e); 
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1 ‘‘(B) for States to send by mail and elec2 tronically (in accordance with the preferred 

3 method of transmission designated by the absent 

4 uniformed services voter or overseas voter under 

5 subparagraph (C)) voter registration applica6 tions and absentee ballot applications requested 

7 under subparagraph (A) in accordance with sub8 section (e); and 

9 ‘‘(C) by which the absent uniformed services 

10 voter or overseas voter can designate whether 

11 they prefer for such voter registration applica12 tion or absentee ballot application to be trans13 mitted by mail or electronically.’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(e) DESIGNATION OF MEANS OF ELECTRONIC COM17 MUNICATION FOR ABSENT UNIFORMED SERVICES VOTERS

18 AND OVERSEAS VOTERS TO REQUEST AND FOR STATES TO

19 SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE

20 BALLOT APPLICATIONS, AND FOR OTHER PURPOSES RE21 LATED TO VOTING INFORMATION.— 

22 ‘‘(1) IN GENERAL.—Each State shall, in addi23 tion to the designation of a single State office under 

24 subsection (b), designate not less than 1 means of elec25 tronic communication— 
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1 ‘‘(A) for use by absent uniformed services 

2 voters and overseas voters who wish to register to 

3 vote or vote in any jurisdiction in the State to 

4 request voter registration applications and ab5 sentee ballot applications under subsection 

6 (a)(6); 

7 ‘‘(B) for use by States to send voter reg8 istration applications and absentee ballot appli9 cations requested under such subsection; and 

10 ‘‘(C) for the purpose of providing related 

11 voting, balloting, and election information to ab12 sent uniformed services voters and overseas vot13 ers. 

14 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

15 MULTIPLE MEANS OF ELECTRONIC COMMUNICATION.— 

16 A State may, in addition to the means of electronic 

17 communication so designated, provide multiple means 

18 of electronic communication to absent uniformed serv19 ices voters and overseas voters, including a means of 

20 electronic communication for the appropriate juris21 diction of the State. 

22 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

23 ELECTRONIC COMMUNICATION WITH INFORMATIONAL

24 AND INSTRUCTIONAL MATERIALS THAT ACCOMPANY

25 BALLOTING MATERIALS.—Each State shall include a 
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1 means of electronic communication so designated with 

2 all informational and instructional materials that ac3 company balloting materials sent by the State to ab4 sent uniformed services voters and overseas voters. 

5 ‘‘(4) AVAILABILITY AND MAINTENANCE OF ON6 LINE REPOSITORY OF STATE CONTACT INFORMA7 TION.—The Federal Voting Assistance Program of the 

8 Department of Defense shall maintain and make 

9 available to the public an online repository of State 

10 contact information with respect to elections for Fed11 eral office, including the single State office designated 

12 under subsection (b) and the means of electronic com13 munication designated under paragraph (1), to be 

14 used by absent uniformed services voters and overseas 

15 voters as a resource to send voter registration applica16 tions and absentee ballot applications to the appro17 priate jurisdiction in the State. 

18 ‘‘(5) TRANSMISSION IF NO PREFERENCE INDI19 CATED.—In the case where an absent uniformed serv20 ices voter or overseas voter does not designate a pref21 erence under subsection (a)(6)(C), the State shall 

22 transmit the voter registration application or absentee 

23 ballot application by any delivery method allowable 

24 in accordance with applicable State law, or if there 

25 is no applicable State law, by mail. 
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1 ‘‘(6) SECURITY AND PRIVACY PROTECTIONS.— 

2 ‘‘(A) SECURITY PROTECTIONS.—To the ex3 tent practicable, States shall ensure that the pro4 cedures established under subsection (a)(6) pro5 tect the security and integrity of the voter reg6 istration and absentee ballot application request 

7 processes. 

8 ‘‘(B) PRIVACY PROTECTIONS.—To the extent 

9 practicable, the procedures established under sub10 section (a)(6) shall ensure that the privacy of the 

11 identity and other personal data of an absent 

12 uniformed services voter or overseas voter who re13 quests or is sent a voter registration application 

14 or absentee ballot application under such sub15 section is protected throughout the process of 

16 making such request or being sent such applica17 tion.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply with respect to the regularly scheduled 

20 general election for Federal office held in November 2010 

21 and each succeeding election for Federal office. 
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1 SEC. 585. ESTABLISHMENT OF PROCEDURES FOR STATES 

2 TO TRANSMIT BLANK ABSENTEE BALLOTS BY 

3 MAIL AND ELECTRONICALLY TO ABSENT UNI4 FORMED SERVICES VOTERS AND OVERSEAS 

5 VOTERS. 

6 (a) IN GENERAL.—Section 102 of the Uniformed and 

7 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

8 1), as amended by section 584, is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (5), by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (6), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following new 

15 paragraph: 

16 ‘‘(7) in addition to any other method of trans17 mitting blank absentee ballots in the State, establish 

18 procedures for transmitting by mail and electroni19 cally blank absentee ballots to absent uniformed serv20 ices voters and overseas voters with respect to general, 

21 special, primary, and runoff elections for Federal of22 fice in accordance with subsection (f).’’; and 

23 (2) by adding at the end the following new sub24 section: 

25 ‘‘(f) TRANSMISSION OF BLANK ABSENTEE BALLOTS BY

26 MAIL AND ELECTRONICALLY.— 
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1 ‘‘(1) IN GENERAL.—Each State shall establish 

2 procedures— 

3 ‘‘(A) to transmit blank absentee ballots by 

4 mail and electronically (in accordance with the 

5 preferred method of transmission designated by 

6 the absent uniformed services voter or overseas 

7 voter under subparagraph (B)) to absent uni8 formed services voters and overseas voters for an 

9 election for Federal office; and 

10 ‘‘(B) by which the absent uniformed services 

11 voter or overseas voter can designate whether 

12 they prefer for such blank absentee ballot to be 

13 transmitted by mail or electronically. 

14 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI15 CATED.—In the case where an absent uniformed serv16 ices voter or overseas voter does not designate a pref17 erence under paragraph (1)(B), the State shall trans18 mit the ballot by any delivery method allowable in 

19 accordance with applicable State law, or if there is no 

20 applicable State law, by mail. 

21 ‘‘(3) SECURITY AND PRIVACY PROTECTIONS.— 

22 ‘‘(A) SECURITY PROTECTIONS.—To the ex23 tent practicable, States shall ensure that the pro24 cedures established under subsection (a)(7) pro25 tect the security and integrity of absentee ballots. 
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1 ‘‘(B) PRIVACY PROTECTIONS.—To the extent 

2 practicable, the procedures established under sub3 section (a)(7) shall ensure that the privacy of the 

4 identity and other personal data of an absent 

5 uniformed services voter or overseas voter to 

6 whom a blank absentee ballot is transmitted 

7 under such subsection is protected throughout the 

8 process of such transmission.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by this 

10 section shall apply with respect to the regularly scheduled 

11 general election for Federal office held in November 2010 

12 and each succeeding election for Federal office. 

13 SEC. 586. ENSURING ABSENT UNIFORMED SERVICES VOT14 ERS AND OVERSEAS VOTERS HAVE TIME TO 

15 VOTE. 

16 (a) IN GENERAL.—Section 102 of the Uniformed and 

17 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 

18 1(a)(1)), as amended by section 585, is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (6), by striking ‘‘and’’ at 

21 the end; 

22 (B) in paragraph (7), by striking the period 

23 at the end and inserting a semicolon; and 

24 (C) by adding at the end the following new 

25 paragraph: 
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1 ‘‘(8) transmit a validly requested absentee ballot 

2 to an absent uniformed services voter or overseas 

3 voter— 

4 ‘‘(A) except as provided in subsection (g), in 

5 the case where the request is received at least 45 

6 days before an election for Federal office, not 

7 later than 45 days before the election; and 

8 ‘‘(B) in the case where the request is re9 ceived less than 45 days before an election for 

10 Federal office— 

11 ‘‘(i) in accordance with State law; and 

12 ‘‘(ii) if practicable and as determined 

13 appropriate by the State, in a manner that 

14 expedites the transmission of such absentee 

15 ballot.’’. 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(g) HARDSHIP EXEMPTION.— 

19 ‘‘(1) IN GENERAL.—If the chief State election of20 ficial determines that the State is unable to meet the 

21 requirement under subsection (a)(8)(A) with respect 

22 to an election for Federal office due to an undue 

23 hardship described in paragraph (2)(B), the chief 

24 State election official shall request that the Presi25 dential designee grant a waiver to the State of the ap-
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1 plication of such subsection. Such request shall in2 clude— 

3 ‘‘(A) a recognition that the purpose of such 

4 subsection is to allow absent uniformed services 

5 voters and overseas voters enough time to vote in 

6 an election for Federal office; 

7 ‘‘(B) an explanation of the hardship that 

8 indicates why the State is unable to transmit ab9 sent uniformed services voters and overseas voters 

10 an absentee ballot in accordance with such sub11 section; 

12 ‘‘(C) the number of days prior to the elec13 tion for Federal office that the State requires ab14 sentee ballots be transmitted to absent uniformed 

15 services voters and overseas voters; and 

16 ‘‘(D) a comprehensive plan to ensure that 

17 absent uniformed services voters and overseas 

18 voters are able to receive absentee ballots which 

19 they have requested and submit marked absentee 

20 ballots to the appropriate State election official 

21 in time to have that ballot counted in the elec22 tion for Federal office, which includes— 

23 ‘‘(i) the steps the State will undertake 

24 to ensure that absent uniformed services vot25 ers and overseas voters have time to receive, 
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1 mark, and submit their ballots in time to 

2 have those ballots counted in the election; 

3 ‘‘(ii) why the plan provides absent uni4 formed services voters and overseas voters 

5 sufficient time to vote as a substitute for the 

6 requirements under such subsection; and 

7 ‘‘(iii) the underlying factual informa8 tion which explains how the plan provides 

9 such sufficient time to vote as a substitute 

10 for such requirements. 

11 ‘‘(2) APPROVAL OF WAIVER REQUEST.—After 

12 consulting with the Attorney General, the Presidential 

13 designee shall approve a waiver request under para14 graph (1) if the Presidential designee determines each 

15 of the following requirements are met: 

16 ‘‘(A) The comprehensive plan under sub17 paragraph (D) of such paragraph provides ab18 sent uniformed services voters and overseas voters 

19 sufficient time to receive absentee ballots they 

20 have requested and submit marked absentee bal21 lots to the appropriate State election official in 

22 time to have that ballot counted in the election 

23 for Federal office. 

24 ‘‘(B) One or more of the following issues 

25 creates an undue hardship for the State: 
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1 ‘‘(i) The State’s primary election date 

2 prohibits the State from complying with 

3 subsection (a)(8)(A). 

4 ‘‘(ii) The State has suffered a delay in 

5 generating ballots due to a legal contest. 

6 ‘‘(iii) The State Constitution prohibits 

7 the State from complying with such sub8 section. 

9 ‘‘(3) TIMING OF WAIVER.— 

10 ‘‘(A) IN GENERAL.—Except as provided 

11 under subparagraph (B), a State that requests a 

12 waiver under paragraph (1) shall submit to the 

13 Presidential designee the written waiver request 

14 not later than 90 days before the election for 

15 Federal office with respect to which the request 

16 is submitted. The Presidential designee shall ap17 prove or deny the waiver request not later than 

18 65 days before such election. 

19 ‘‘(B) EXCEPTION.—If a State requests a 

20 waiver under paragraph (1) as the result of an 

21 undue hardship described in paragraph 

22 (2)(B)(ii), the State shall submit to the Presi23 dential designee the written waiver request as 

24 soon as practicable. The Presidential designee 

25 shall approve or deny the waiver request not 
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1 later than 5 business days after the date on 

2 which the request is received. 

3 ‘‘(4) APPLICATION OF WAIVER.—A waiver ap4 proved under paragraph (2) shall only apply with re5 spect to the election for Federal office for which the 

6 request was submitted. For each subsequent election 

7 for Federal office, the Presidential designee shall only 

8 approve a waiver if the State has submitted a request 

9 under paragraph (1) with respect to such election.’’. 

10 (b) RUNOFF ELECTIONS.—Section 102(a) of the Uni11 formed and Overseas Citizens Absentee Voting Act (42 

12 U.S.C. 1973ff–1(a)), as amended by subsection (a), is 

13 amended— 

14 (1) in paragraph (7), by striking ‘‘and’’ at the 

15 end; 

16 (2) in paragraph (8), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new para19 graph: 

20 ‘‘(9) if the State declares or otherwise holds a 

21 runoff election for Federal office, establish a written 

22 plan that provides absentee ballots are made available 

23 to absent uniformed services voters and overseas voters 

24 in manner that gives them sufficient time to vote in 

25 the runoff election.’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply with respect to the regularly scheduled 

3 general election for Federal office held in November 2010 

4 and each succeeding election for Federal office. 

5 SEC. 587. PROCEDURES FOR COLLECTION AND DELIVERY 

6 OF MARKED ABSENTEE BALLOTS OF ABSENT 

7 OVERSEAS UNIFORMED SERVICES VOTERS. 

8 (a) IN GENERAL.—The Uniformed and Overseas Citi9 zens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is 

10 amended by inserting after section 103 the following new 

11 section: 

12 ‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY 

13 OF MARKED ABSENTEE BALLOTS OF ABSENT 

14 OVERSEAS UNIFORMED SERVICES VOTERS. 

15 ‘‘(a) ESTABLISHMENT OF PROCEDURES.—The Presi16 dential designee shall establish procedures for collecting 

17 marked absentee ballots of absent overseas uniformed serv18 ices voters in regularly scheduled general elections for Fed19 eral office, including absentee ballots prepared by States 

20 and the Federal write-in absentee ballot prescribed under 

21 section 103, and for delivering such marked absentee ballots 

22 to the appropriate election officials. 

23 ‘‘(b) DELIVERY TO APPROPRIATE ELECTION OFFI24 CIALS.— 
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1 ‘‘(1) IN GENERAL.—Under the procedures estab2 lished under this section, the Presidential designee 

3 shall implement procedures that facilitate the delivery 

4 of marked absentee ballots of absent overseas uni5 formed services voters for regularly scheduled general 

6 elections for Federal office to the appropriate election 

7 officials, in accordance with this section, not later 

8 than the date by which an absentee ballot must be re9 ceived in order to be counted in the election. 

10 ‘‘(2) COOPERATION AND COORDINATION WITH

11 THE UNITED STATES POSTAL SERVICE.—The Presi12 dential designee shall carry out this section in co13 operation and coordination with the United States 

14 Postal Service, and shall provide expedited mail de15 livery service for all such marked absentee ballots of 

16 absent uniformed services voters that are collected on 

17 or before the deadline described in paragraph (3) and 

18 then transferred to the United States Postal Service. 

19 ‘‘(3) DEADLINE DESCRIBED.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the deadline described in this 

22 paragraph is noon (in the location in which the 

23 ballot is collected) on the seventh day preceding 

24 the date of the regularly scheduled general elec25 tion for Federal office. 
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1 ‘‘(B) AUTHORITY TO ESTABLISH ALTER2 NATIVE DEADLINE FOR CERTAIN LOCATIONS.—If 

3 the Presidential designee determines that the 

4 deadline described in subparagraph (A) is not 

5 sufficient to ensure timely delivery of the ballot 

6 under paragraph (1) with respect to a particular 

7 location because of remoteness or other factors, 

8 the Presidential designee may establish as an al9 ternative deadline for that location the latest 

10 date occurring prior to the deadline described in 

11 subparagraph (A) which is sufficient to provide 

12 timely delivery of the ballot under paragraph 

13 (1). 

14 ‘‘(4) NO POSTAGE REQUIREMENT.—In accord15 ance with section 3406 of title 39, United States 

16 Code, such marked absentee ballots and other balloting 

17 materials shall be carried free of postage. 

18 ‘‘(5) DATE OF MAILING.—Such marked absentee 

19 ballots shall be postmarked with a record of the date 

20 on which the ballot is mailed. 

21 ‘‘(c) OUTREACH FOR ABSENT OVERSEAS UNIFORMED

22 SERVICES VOTERS ON PROCEDURES.—The Presidential 

23 designee shall take appropriate actions to inform individ24 uals who are anticipated to be absent overseas uniformed 

25 services voters in a regularly scheduled general election for 
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1 Federal office to which this section applies of the procedures 

2 for the collection and delivery of marked absentee ballots 

3 established pursuant to this section, including the manner 

4 in which such voters may utilize such procedures for the 

5 submittal of marked absentee ballots pursuant to this sec6 tion. 

7 ‘‘(d) ABSENT OVERSEAS UNIFORMED SERVICES

8 VOTER DEFINED.—In this section, the term ‘absent overseas 

9 uniformed services voter’ means an overseas voter described 

10 in section 107(5)(A). 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated to the Presidential designee 

13 such sums as may be necessary to carry out this section.’’. 

14 (b) CONFORMING AMENDMENT.—Section 101(b) of 

15 such Act (42 U.S.C. 1973ff(b)) is amended— 

16 (1) by striking ‘‘and’’ at the end of paragraph 

17 (6); 

18 (2) by striking the period at the end of para19 graph (7) and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following new para21 graph: 

22 ‘‘(8) carry out section 103A with respect to the 

23 collection and delivery of marked absentee ballots of 

24 absent overseas uniformed services voters in elections 

25 for Federal office.’’. 
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1 (c) STATE RESPONSIBILITIES.—Section 102(a) of such 

2 Act (42 U.S.C. 1973ff–1(a)), as amended by section 586, 

3 is amended— 

4 (1) in paragraph (8), by striking ‘‘and’’ at the 

5 end; 

6 (2) in paragraph (9), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by adding the following new paragraph: 

9 ‘‘(10) carry out section 103A(b)(1) with respect 

10 to the processing and acceptance of marked absentee 

11 ballots of absent overseas uniformed services voters.’’. 

12 (d) TRACKING MARKED BALLOTS.—Section 102 of 

13 such Act (42 U.S.C. 1973ff–1(a)), as amended by section 

14 586, is amended by adding at the end the following new 

15 subsection: 

16 ‘‘(h) TRACKING MARKED BALLOTS.—The chief State 

17 election official, in coordination with local election jurisdic18 tions, shall develop a free access system by which an absent 

19 uniformed services voter or overseas voter may determine 

20 whether the absentee ballot of the absent uniformed services 

21 voter or overseas voter has been received by the appropriate 

22 State election official.’’. 

23 (e) PROTECTING VOTER PRIVACY AND SECRECY OF AB24 SENTEE BALLOTS.—Section 101(b) of the Uniformed and 
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1 Overseas Citizens Absentee Voting Act (42 U.S.C. 

2 1973ff(b)), as amended by subsection (b), is amended— 

3 (1) by striking ‘‘and’’ at the end of paragraph 

4 (7); 

5 (2) by striking the period at the end of para6 graph (8) and inserting ‘‘; and’’; and 

7 (3) by adding at the end the following new para8 graph: 

9 ‘‘(9) to the greatest extent practicable, take such 

10 actions as may be necessary— 

11 ‘‘(A) to ensure that absent uniformed serv12 ices voters who cast absentee ballots at locations 

13 or facilities under the jurisdiction of the Presi14 dential designee are able to do so in a private 

15 and independent manner; and 

16 ‘‘(B) to protect the privacy of the contents 

17 of absentee ballots cast by absentee uniformed 

18 services voters and overseas voters while such bal19 lots are in the possession or control of the Presi20 dential designee.’’. 

21 (f) EFFECTIVE DATE.—The amendments made by this 

22 section shall apply with respect to the regularly scheduled 

23 general election for Federal office held in November 2010 

24 and each succeeding election for Federal office. 
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1 SEC. 588. FEDERAL WRITE-IN ABSENTEE BALLOT. 

2 (a) USE IN GENERAL, SPECIAL, PRIMARY, AND RUN3 OFF ELECTIONS FOR FEDERAL OFFICE.— 

4 (1) IN GENERAL.—Section 103 of the Uniformed 

5 and Overseas Citizens Absentee Voting Act (42 U.S.C. 

6 1973ff–2) is amended— 

7 (A) in subsection (a), by striking ‘‘general 

8 elections for Federal office’’ and inserting ‘‘gen9 eral, special, primary, and runoff elections for 

10 Federal office’’; 

11 (B) in subsection (e), in the matter pre12 ceding paragraph (1), by striking ‘‘a general 

13 election’’ and inserting ‘‘a general, special, pri14 mary, or runoff election for Federal office’’; and 

15 (C) in subsection (f), by striking ‘‘the gen16 eral election’’ each place it appears and inserting 

17 ‘‘the general, special, primary, or runoff election 

18 for Federal office’’. 

19 (2) EFFECTIVE DATE.—The amendments made 

20 by this subsection shall take effect on December 31, 

21 2010, and apply with respect to elections for Federal 

22 office held on or after such date. 

23 (b) PROMOTION AND EXPANSION OF USE.—Section 

24 103(a) of the Uniformed and Overseas Citizens Absentee 

25 Voting Act (42 U.S.C. 1973ff–2) is amended— 
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1 (1) by striking ‘‘GENERAL.—The Presidential’’ 

2 and inserting ‘‘GENERAL.— 

3 ‘‘(1) FEDERAL WRITE-IN ABSENTEE BALLOT.— 

4 The Presidential’’; and 

5 (2) by adding at the end the following new para6 graph: 

7 ‘‘(2) PROMOTION AND EXPANSION OF USE OF

8 FEDERAL WRITE-IN ABSENTEE BALLOTS.— 

9 ‘‘(A) IN GENERAL.—Not later than Decem10 ber 31, 2011, the Presidential designee shall 

11 adopt procedures to promote and expand the use 

12 of the Federal write-in absentee ballot as a back13 up measure to vote in elections for Federal office. 

14 ‘‘(B) USE OF TECHNOLOGY.—Under such 

15 procedures, the Presidential designee shall utilize 

16 technology to implement a system under which 

17 the absent uniformed services voter or overseas 

18 voter may— 

19 ‘‘(i) enter the address of the voter or 

20 other information relevant in the appro21 priate jurisdiction of the State, and the sys22 tem will generate a list of all candidates in 

23 the election for Federal office in that juris24 diction; and 
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1 ‘‘(ii) submit the marked Federal write2 in absentee ballot by printing the ballot (in3 cluding complete instructions for submitting 

4 the marked Federal write-in absentee ballot 

5 to the appropriate State election official 

6 and the mailing address of the single State 

7 office designated under section 102(b)). 

8 ‘‘(C) AUTHORIZATION OF APPROPRIA9 TIONS.—There are authorized to be appropriated 

10 to the Presidential designee such sums as may be 

11 necessary to carry out this paragraph.’’. 

12 SEC. 589. PROHIBITING REFUSAL TO ACCEPT VOTER REG13 ISTRATION AND ABSENTEE BALLOT APPLICA14 TIONS, MARKED ABSENTEE BALLOTS, AND 

15 FEDERAL WRITE-IN ABSENTEE BALLOTS FOR 

16 FAILURE TO MEET CERTAIN REQUIREMENTS. 

17 (a) VOTER REGISTRATION AND ABSENTEE BALLOT

18 APPLICATIONS.—Section 102 of the Uniformed and Over19 seas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as 

20 amended by section 587, is amended by adding at the end 

21 the following new subsection: 

22 ‘‘(i) PROHIBITING REFUSAL TO ACCEPT APPLICA23 TIONS FOR FAILURE TO MEET CERTAIN REQUIREMENTS.— 

24 A State shall not refuse to accept and process any otherwise 

25 valid voter registration application or absentee ballot appli-
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1 cation (including the official post card form prescribed 

2 under section 101) or marked absentee ballot submitted in 

3 any manner by an absent uniformed services voter or over4 seas voter solely on the basis of the following: 

5 ‘‘(1) Notarization requirements. 

6 ‘‘(2) Restrictions on paper type, including 

7 weight and size. 

8 ‘‘(3) Restrictions on envelope type, including 

9 weight and size.’’. 

10 (b) FEDERAL WRITE-IN ABSENTEE BALLOT.—Section 

11 103 of such Act (42 U.S.C. 1973ff–2) is amended— 

12 (1) by redesignating subsection (f) as subsection 

13 (g); and 

14 (2) by inserting after subsection (e) the following 

15 new subsection: 

16 ‘‘(f) PROHIBITING REFUSAL TO ACCEPT BALLOT FOR

17 FAILURE TO MEET CERTAIN REQUIREMENTS.—A State 

18 shall not refuse to accept and process any otherwise valid 

19 Federal write-in absentee ballot submitted in any manner 

20 by an absent uniformed services voter or overseas voter sole21 ly on the basis of the following: 

22 ‘‘(1) Notarization requirements. 

23 ‘‘(2) Restrictions on paper type, including 

24 weight and size. 
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1 ‘‘(3) Restrictions on envelope type, including 

2 weight and size.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply with respect to the regularly scheduled 

5 general election for Federal office held in November 2010 

6 and each succeeding election for Federal office. 

7 SEC. 590. FEDERAL VOTING ASSISTANCE PROGRAM IM8 PROVEMENTS. 

9 (a) FEDERAL VOTING ASSISTANCE PROGRAM IM10 PROVEMENTS.— 

11 (1) IN GENERAL.—The Uniformed and Overseas 

12 Citizens Absentee Voting Act (42 U.S.C. 1973ff et 

13 seq.), as amended by section 587, is amended by in14 serting after section 103A the following new section: 

15 ‘‘SEC. 103B. FEDERAL VOTING ASSISTANCE PROGRAM IM16 PROVEMENTS. 

17 ‘‘(a) DUTIES.—The Presidential designee shall carry 

18 out the following duties: 

19 ‘‘(1) Develop online portals of information to in20 form absent uniformed services voters regarding voter 

21 registration procedures and absentee ballot procedures 

22 to be used by such voters with respect to elections for 

23 Federal office. 

24 ‘‘(2) Establish a program to notify absent uni25 formed services voters of voter registration informa-
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1 tion and resources, the availability of the Federal 

2 postcard application, and the availability of the Fed3 eral write-in absentee ballot on the military Global 

4 Network, and shall use the military Global Network 

5 to notify absent uniformed services voters of the fore6 going 90, 60, and 30 days prior to each election for 

7 Federal office. 

8 ‘‘(b) CLARIFICATION REGARDING OTHER DUTIES AND

9 OBLIGATIONS.—Nothing in this section shall relieve the 

10 Presidential designee of their duties and obligations under 

11 any directives or regulations issued by the Department of 

12 Defense, including the Department of Defense Directive 

13 1000.04 (or any successor directive or regulation) that is 

14 not inconsistent or contradictory to the provisions of this 

15 section. 

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated to the Federal Voting Assist18 ance Program of the Department of Defense (or a successor 

19 program) such sums as are necessary for purposes of car20 rying out this section.’’. 

21 (2) CONFORMING AMENDMENTS.—Section 101 of 

22 such Act (42 U.S.C. 1973ff), as amended by section 

23 587, is amended— 

24 (A) in subparagraph (b)— 
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1 (i) by striking ‘‘and’’ at the end of 

2 paragraph (8); 

3 (ii) by striking the period at the end of 

4 paragraph (9) and inserting ‘‘; and’’; and 

5 (iii) by adding at the end the following 

6 new paragraph: 

7 ‘‘(10) carry out section 103B with respect to 

8 Federal Voting Assistance Program Improvements.’’; 

9 and 

10 (B) by adding at the end the following new 

11 subsection: 

12 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR CAR13 RYING OUT FEDERAL VOTING ASSISTANCE PROGRAM IM14 PROVEMENTS.—There are authorized to be appropriated to 

15 the Presidential designee such sums as are necessary for 

16 purposes of carrying out subsection (b)(10).’’. 

17 (b) VOTER REGISTRATION ASSISTANCE FOR ABSENT

18 UNIFORMED SERVICES VOTERS.—Section 102 of the Uni19 formed and Overseas Citizens Absentee Voting Act (42 

20 U.S.C. 1973ff–1), as amended by section 589, is amended 

21 by adding at the end the following new subsection: 

22 ‘‘(j) VOTER REGISTRATION ASSISTANCE FOR ABSENT

23 UNIFORMED SERVICES VOTERS.— 

24 ‘‘(1) DESIGNATING AN OFFICE AS A VOTER REG25 ISTRATION AGENCY ON EACH INSTALLATION OF THE
252 

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1 ARMED FORCES.—Not later than 180 days after the 

2 date of enactment of this subsection, each Secretary of 

3 a military department shall take appropriate actions 

4 to designate an office on each installation of the 

5 Armed Forces under the jurisdiction of such Secretary 

6 (excluding any installation in a theater of combat), 

7 consistent across every installation of the department 

8 of the Secretary concerned, to provide each individual 

9 described in paragraph (3)— 

10 ‘‘(A) written information on voter registra11 tion procedures and absentee ballot procedures 

12 (including the official post card form prescribed 

13 under section 101); 

14 ‘‘(B) the opportunity to register to vote in 

15 an election for Federal office; 

16 ‘‘(C) the opportunity to update the individ17 ual’s voter registration information, including 

18 clear written notice and instructions for the ab19 sent uniformed services voter to change their ad20 dress by submitting the official post card form 

21 prescribed under section 101 to the appropriate 

22 State election official; and 

23 ‘‘(D) the opportunity to request an absentee 

24 ballot under this Act. 
253 

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1 ‘‘(2) DEVELOPMENT OF PROCEDURES.—Each 

2 Secretary of a military department shall develop, in 

3 consultation with each State and the Presidential des4 ignee, the procedures necessary to provide the assist5 ance described in paragraph (1). 

6 ‘‘(3) INDIVIDUALS DESCRIBED.—The following 

7 individuals are described in this paragraph: 

8 ‘‘(A) An absent uniformed services voter— 

9 ‘‘(i) who is undergoing a permanent 

10 change of duty station; 

11 ‘‘(ii) who is deploying overseas for at 

12 least 6 months; 

13 ‘‘(iii) who is or returning from an 

14 overseas deployment of at least 6 months; or 

15 ‘‘(iv) who at any time requests assist16 ance related to voter registration. 

17 ‘‘(B) All other absent uniformed services 

18 voters (as defined in section 107(1)). 

19 ‘‘(4) TIMING OF PROVISION OF ASSISTANCE.— 

20 The assistance described in paragraph (1) shall be 

21 provided to an absent uniformed services voter— 

22 ‘‘(A) described in clause (i) of paragraph 

23 (3)(A), as part of the administrative in-proc24 essing of the member upon arrival at the new 
254 

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1 duty station of the absent uniformed services 

2 voter; 

3 ‘‘(B) described in clause (ii) of such para4 graph, as part of the administrative in-proc5 essing of the member upon deployment from the 

6 home duty station of the absent uniformed serv7 ices voter; 

8 ‘‘(C) described in clause (iii) of such para9 graph, as part of the administrative in-proc10 essing of the member upon return to the home 

11 duty station of the absent uniformed services 

12 voter; 

13 ‘‘(D) described in clause (iv) of such para14 graph, at any time the absent uniformed services 

15 voter requests such assistance; and 

16 ‘‘(E) described in paragraph (3)(B), at any 

17 time the absent uniformed services voter requests 

18 such assistance. 

19 ‘‘(5) PAY, PERSONNEL, AND IDENTIFICATION OF20 FICES OF THE DEPARTMENT OF DEFENSE.—The Sec21 retary of Defense may designate pay, personnel, and 

22 identification offices of the Department of Defense for 

23 persons to apply to register to vote, update the indi24 vidual’s voter registration information, and request 

25 an absentee ballot under this Act. 
255 

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1 ‘‘(6) TREATMENT OF OFFICES DESIGNATED AS

2 VOTER REGISTRATION AGENCIES.—An office des3 ignated under paragraph (1) or (5) shall be consid4 ered to be a voter registration agency designated 

5 under section 7(a)(2) of the National Voter Registra6 tion Act of 1993 for all purposes of such Act. 

7 ‘‘(7) OUTREACH TO ABSENT UNIFORMED SERV8 ICES VOTERS.—The Secretary of each military de9 partment or the Presidential designee shall take ap10 propriate actions to inform absent uniformed services 

11 voters of the assistance available under this subsection 

12 including— 

13 ‘‘(A) the availability of voter registration 

14 assistance at offices designated under paragraphs 

15 (1) and (5); and 

16 ‘‘(B) the time, location, and manner in 

17 which an absent uniformed voter may utilize 

18 such assistance. 

19 ‘‘(8) DEFINITION OF MILITARY DEPARTMENT AND

20 SECRETARY CONCERNED.—In this subsection, the 

21 terms ‘military department’ and ‘Secretary con22 cerned’ have the meaning given such terms in para23 graphs (8) and (9), respectively, of section 101 of title 

24 10, United States Code. 
256 

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1 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums as 

3 are necessary to carry out this subsection.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply with respect to the regularly scheduled 

6 general election for Federal office held in November 2010 

7 and each succeeding election for Federal office. 

8 SEC. 591. DEVELOPMENT OF STANDARDS FOR REPORTING 

9 AND STORING CERTAIN DATA. 

10 (a) IN GENERAL.—Section 101(b) of such Act (42 

11 U.S.C. 1973ff(b)), as amended by section 590, is amended— 

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (9); 

14 (2) by striking the period at the end of para15 graph (10) and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following new para17 graph: 

18 ‘‘(11) working with the Election Assistance Com19 mission and the chief State election official of each 

20 State, develop standards— 

21 ‘‘(A) for States to report data on the num22 ber of absentee ballots transmitted and received 

23 under section 102(c) and such other data as the 

24 Presidential designee determines appropriate; 

25 and 
257 

† HR 2647 EAS 

1 ‘‘(B) for the Presidential designee to store 

2 the data reported.’’. 

3 (b) CONFORMING AMENDMENT.—Section 102(a) of 

4 such Act (42 U.S.C. 1973ff–1(a)), as amended by section 

5 587, is amended— 

6 (1) in paragraph (9), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (10), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following new para11 graph: 

12 ‘‘(11) report data on the number of absentee bal13 lots transmitted and received under section 102(c) 

14 and such other data as the Presidential designee de15 termines appropriate in accordance with the stand16 ards developed by the Presidential designee under sec17 tion 101(b)(11).’’. 

18 (c) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply with respect to the regularly scheduled 

20 general election for Federal office held in November 2010 

21 and each succeeding election for Federal office. 
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1 SEC. 592. REPEAL OF PROVISIONS RELATING TO USE OF 

2 SINGLE APPLICATION FOR ALL SUBSEQUENT 

3 ELECTIONS. 

4 (a) IN GENERAL.—Subsections (a) through (d) of sec5 tion 104 of the Uniformed and Overseas Citizens Absentee 

6 Voting Act (42 U.S.C. 1973ff–3) are repealed. 

7 (b) CONFORMING AMENDMENTS.—The Uniformed and 

8 Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et 

9 seq.) is amended— 

10 (1) in section 101(b)— 

11 (A) in paragraph (2), by striking ‘‘, for use 

12 by States in accordance with section 104’’; and 

13 (B) in paragraph (4), by striking ‘‘for use 

14 by States in accordance with section 104’’; and 

15 (2) in section 104, as amended by subsection 

16 (a)— 

17 (A) in the section heading, by striking 

18 ‘‘USE OF SINGLE APPLICATION FOR ALL

19 SUBSEQUENT ELECTIONS’’ and inserting 

20 ‘‘PROHIBITION OF REFUSAL OF APPLICA21 TIONS ON GROUNDS OF EARLY SUBMIS22 SION’’; and 

23 (B) in subsection (e), by striking ‘‘(e) PRO24 HIBITION OF REFUSAL OF APPLICATIONS ON

25 GROUNDS OF EARLY SUBMISSION.—’’. 
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1 SEC. 593. REPORTING REQUIREMENTS. 

2 The Uniformed and Overseas Citizens Absentee Voting 

3 Act (42 U.S.C. 1973ff et seq.) is amended by inserting after 

4 section 105 the following new section: 

5 ‘‘SEC. 105A. REPORTING REQUIREMENTS. 

6 ‘‘(a) REPORT ON STATUS OF IMPLEMENTATION AND

7 ASSESSMENT OF PROGRAMS.—Not later than 180 days 

8 after the date of the enactment of the Military and Overseas 

9 Voter Empowerment Act, the Presidential designee shall 

10 submit to the relevant committees of Congress a report con11 taining the following information: 

12 ‘‘(1) The status of the implementation of the pro13 cedures established for the collection and delivery of 

14 marked absentee ballots of absent overseas uniformed 

15 services voters under section 103A, and a detailed de16 scription of the specific steps taken towards such im17 plementation for the regularly scheduled general elec18 tion for Federal office held in November 2010. 

19 ‘‘(2) An assessment of the effectiveness of the Vot20 ing Assistance Officer Program of the Department of 

21 Defense, which shall include the following: 

22 ‘‘(A) A thorough and complete assessment of 

23 whether the Program, as configured and imple24 mented as of such date of enactment, is effec25 tively assisting absent uniformed services voters 

26 in exercising their right to vote. 
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1 ‘‘(B) An inventory and explanation of any 

2 areas of voter assistance in which the Program 

3 has failed to accomplish its stated objectives and 

4 effectively assist absent uniformed services voters 

5 in exercising their right to vote. 

6 ‘‘(C) As necessary, a detailed plan for the 

7 implementation of any new program to replace 

8 or supplement voter assistance activities required 

9 to be performed under this Act. 

10 ‘‘(3) A detailed description of the specific steps 

11 taken towards the implementation of voter registra12 tion assistance for absent uniformed services voters 

13 under section 102(j), including the designation of of14 fices under paragraphs (1) and (5) of such section. 

15 ‘‘(b) ANNUAL REPORT ON EFFECTIVENESS OF ACTIVI16 TIES AND UTILIZATION OF CERTAIN PROCEDURES.—Not 

17 later than March 31 of each year, the Presidential designee 

18 shall transmit to the President and to the relevant commit19 tees of Congress a report containing the following informa20 tion: 

21 ‘‘(1) An assessment of the effectiveness of activi22 ties carried out under section 103B, including the ac23 tivities and actions of the Federal Voting Assistance 

24 Program of the Department of Defense, a separate as25 sessment of voter registration and participation by 
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1 absent uniformed services voters, a separate assess2 ment of voter registration and participation by over3 seas voters who are not members of the uniformed 

4 services, and a description of the cooperation between 

5 States and the Federal Government in carrying out 

6 such section. 

7 ‘‘(2) A description of the utilization of voter reg8 istration assistance under section 102(j), which shall 

9 include the following: 

10 ‘‘(A) A description of the specific programs 

11 implemented by each military department of the 

12 Armed Forces pursuant to such section. 

13 ‘‘(B) The number of absent uniformed serv14 ices voters who utilized voter registration assist15 ance provided under such section. 

16 ‘‘(3) In the case of a report submitted under this 

17 subsection in the year following a year in which a 

18 regularly scheduled general election for Federal office 

19 is held, a description of the utilization of the proce20 dures for the collection and delivery of marked absen21 tee ballots established pursuant to section 103A, which 

22 shall include the number of marked absentee ballots 

23 collected and delivered under such procedures and the 

24 number of such ballots which were not delivered by 

25 the time of the closing of the polls on the date of the 
262 

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1 election (and the reasons such ballots were not so de2 livered). 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) ABSENT OVERSEAS UNIFORMED SERVICES

5 VOTER.—The term ‘absent overseas uniformed services 

6 voter’ has the meaning given such term in section 

7 103A(d). 

8 ‘‘(2) PRESIDENTIAL DESIGNEE.—The term ‘Pres9 idential designee’ means the Presidential designee 

10 under section 101(a). 

11 ‘‘(3) RELEVANT COMMITTEES OF CONGRESS DE12 FINED.—The term ‘relevant committees of Congress’ 

13 means— 

14 ‘‘(A) the Committees on Appropriations, 

15 Armed Services, and Rules and Administration 

16 of the Senate; and 

17 ‘‘(B) the Committees on Appropriations, 

18 Armed Services, and House Administration of 

19 the House of Representatives.’’. 

20 SEC. 594. ANNUAL REPORT ON ENFORCEMENT. 

21 Section 105 of the Uniformed and Overseas Citizens 

22 Absentee Voting Act (42 U.S.C. 1973f–4) is amended— 

23 (1) by striking ‘‘The Attorney’’ and inserting 

24 ‘‘(a) IN GENERAL.—The Attorney’’; and 
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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) REPORT TO CONGRESS.—Not later than December 

4 31 of each year, the Attorney General shall submit to Con5 gress an annual report on any civil action brought under 

6 subsection (a) during the preceding year.’’. 

7 SEC. 595. REQUIREMENTS PAYMENTS. 

8 (a) USE OF FUNDS.—Section 251(b) of the Help Amer9 ica Vote Act of 2002 (42 U.S.C. 15401(b)) is amended— 

10 (1) in paragraph (1), by striking ‘‘paragraph 

11 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

12 (2) by adding at the end the following new para13 graph: 

14 ‘‘(3) ACTIVITIES UNDER UNIFORMED AND OVER15 SEAS CITIZENS ABSENTEE VOTING ACT.—A State 

16 shall use a requirements payment made using funds 

17 appropriated pursuant to the authorization under 

18 section 257(4) only to meet the requirements under 

19 the Uniformed and Overseas Citizens Absentee Voting 

20 Act imposed as a result of the provisions of and 

21 amendments made by the Military and Overseas 

22 Voter Empowerment Act.’’. 

23 (b) REQUIREMENTS.— 

24 (1) STATE PLAN.—Section 254(a) of the Help 

25 America Vote Act of 2002 (42 U.S.C. 15404(a)) is 
264 

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1 amended by adding at the end the following new 

2 paragraph: 

3 ‘‘(14) How the State plan will comply with the 

4 provisions and requirements of and amendments 

5 made by the Military and Overseas Voter Empower6 ment Act.’’. 

7 (2) CONFORMING AMENDMENTS.—Section 253(b) 

8 of the Help America Vote Act of 2002 (42 U.S.C. 

9 15403(b)) is amended— 

10 (A) in paragraph (1)(A), by striking ‘‘sec11 tion 254’’ and inserting ‘‘subsection (a) of sec12 tion 254 (or, in the case where a State is seeking 

13 a requirements payment made using funds ap14 propriated pursuant to the authorization under 

15 section 257(4), paragraph (14) of section 254)’’; 

16 and 

17 (B) in paragraph (2)— 

18 (i) by striking ‘‘(2) The State’’ and in19 serting ‘‘(2)(A) Subject to subparagraph 

20 (B), the State’’; and 

21 (ii) by inserting after subparagraph 

22 (A), as added by clause (i), the following 

23 new subparagraph: 

24 ‘‘(B) The requirement under subparagraph (A) 

25 shall not apply in the case of a requirements payment 
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1 made using funds appropriated pursuant to the au2 thorization under section 257(4).’’. 

3 (c) AUTHORIZATION.—Section 257(a) of the Help 

4 America Vote Act of 2002 (42 U.S.C. 15407(a)) is amended 

5 by adding at the end the following new paragraph: 

6 ‘‘(4) For fiscal year 2010 and subsequent fiscal 

7 years, such sums as are necessary for purposes of 

8 making requirements payments to States to carry out 

9 the activities described in section 251(b)(3).’’. 

10 SEC. 596. TECHNOLOGY PILOT PROGRAM. 

11 (a) DEFINITIONS.—In this section: 

12 (1) ABSENT UNIFORMED SERVICES VOTER.—The 

13 term ‘‘absent uniformed services voter’’ has the mean14 ing given such term in section 107(a) of the Uni15 formed and Overseas Citizens Absentee Voting Act (42 

16 U.S.C. 1973ff et seq.). 

17 (2) OVERSEAS VOTER.—The term ‘‘overseas 

18 voter’’ has the meaning given such term in section 

19 107(5) of such Act. 

20 (3) PRESIDENTIAL DESIGNEE.—The term ‘‘Presi21 dential designee’’ means the individual designated 

22 under section 101(a) of such Act. 

23 (b) ESTABLISHMENT.— 

24 (1) IN GENERAL.—The Presidential designee 

25 may establish 1 or more pilot programs under which 
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1 the feasibility of new election technology is tested for 

2 the benefit of absent uniformed services voters and 

3 overseas voters claiming rights under the Uniformed 

4 and Overseas Citizens Absentee Voting Act (42 U.S.C. 

5 1973ff et seq.). 

6 (2) DESIGN AND CONDUCT.—The design and con7 duct of a pilot program established under this sub8 section— 

9 (A) shall be at the discretion of the Presi10 dential designee; and 

11 (B) shall not conflict with or substitute for 

12 existing laws, regulations, or procedures with re13 spect to the participation of absent uniformed 

14 services voters and military voters in elections 

15 for Federal office. 

16 (c) CONSIDERATIONS.—In conducting a pilot program 

17 established under subsection (b), the Presidential designee 

18 may consider the following issues: 

19 (1) The transmission of electronic voting mate20 rial across military networks. 

21 (2) Virtual private networks, cryptographic vot22 ing systems, centrally controlled voting stations, and 

23 other information security techniques. 

24 (3) The transmission of ballot representations 

25 and scanned pictures in a secure manner. 
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1 (4) Capturing, retaining, and comparing elec2 tronic and physical ballot representations. 

3 (5) Utilization of voting stations at military 

4 bases. 

5 (6) Document delivery and upload systems. 

6 (7) The functional effectiveness of the application 

7 or adoption of the pilot program to operational envi8 ronments, taking into account environmental and 

9 logistical obstacles and State procedures. 

10 (d) REPORTS.—The Presidential designee shall submit 

11 to Congress reports on the progress and outcomes of any 

12 pilot program conducted under this subsection, together 

13 with recommendations— 

14 (1) for the conduct of additional pilot programs 

15 under this section; and 

16 (2) for such legislation and administrative ac17 tion as the Presidential designee determines appro18 priate. 

19 (e) TECHNICAL ASSISTANCE.— 

20 (1) IN GENERAL.—The Election Assistance Com21 mission and the National Institute of Standards and 

22 Technology shall work with the Presidential designee 

23 to support the pilot program or programs established 

24 under this section through best practices or standards 

25 and in accordance with electronic absentee voting 
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1 guidelines established under the first sentence of sec2 tion 1604(a)(2) of the National Defense Authorization 

3 Act for Fiscal Year 2002 (Public Law 107–107; 115 

4 Stat. 1277; 42 U.S.C. 1977ff note), as amended by 

5 section 567 of the Ronald W. Reagan National De6 fense Authorization Act for Fiscal Year 2005 (Public 

7 Law 108–375; 118 Stat. 1919). 

8 (2) REPORT.—In the case where the Election As9 sistance Commission has not established electronic ab10 sentee voting guidelines under such section 

11 1604(a)(2), as so amended, by not later than 180 

12 days after enactment of this Act, the Election Assist13 ance Commission shall submit to the relevant commit14 tees of Congress a report containing the following in15 formation: 

16 (A) The reasons such guidelines have not 

17 been established as of such date. 

18 (B) A detailed timeline for the establish19 ment of such guidelines. 

20 (C) A detailed explanation of the Commis21 sion’s actions in establishing such guidelines 

22 since the date of enactment of the Ronald W. 

23 Reagan National Defense Authorization Act for 

24 Fiscal Year 2005 (Public Law 108–375; 118 

25 Stat. 1919). 
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1 (3) RELEVANT COMMITTEES OF CONGRESS DE2 FINED.—In this subsection, the term ‘‘relevant com3 mittees of Congress’’ means— 

4 (A) the Committees on Appropriations, 

5 Armed Services, and Rules and Administration 

6 of the Senate; and 

7 (B) the Committees on Appropriations, 

8 Armed Services, and House Administration of 

9 the House of Representatives. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

11 authorized to be appropriated such sums as are necessary 

12 to carry out this section. 

13 TITLE VI—COMPENSATION AND 

14 OTHER PERSONNEL BENEFITS 

15 Subtitle A—Pay and Allowances 

16 SEC. 601. FISCAL YEAR 2010 INCREASE IN MILITARY BASIC 

17 PAY. 

18 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad19 justment to become effective during fiscal year 2010 re20 quired by section 1009 of title 37, United States Code, in 

21 the rates of monthly basic pay authorized members of the 

22 uniformed services shall not be made. 

23 (b) INCREASE IN BASIC PAY.—Effective on January 

24 1, 2010, the rates of monthly basic pay for members of the 

25 uniformed services are increased by 3.4 percent. 
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1 SEC. 602. COMPTROLLER GENERAL OF THE UNITED STATES 

2 COMPARATIVE ASSESSMENT OF MILITARY 

3 AND PRIVATE-SECTOR PAY AND BENEFITS. 

4 (a) STUDY REQUIRED.—The Comptroller General of 

5 the United States shall conduct a study comparing pay and 

6 benefits provided by law to members of the Armed Forces 

7 with pay and benefits provided by the private sector to com8 parably situated private-sector employees. 

9 (b) ELEMENTS.—The study required by subsection (a) 

10 shall include, but not be limited to, the following: 

11 (1) An assessment of total military compensation 

12 for officers and for enlisted personnel, including basic 

13 pay, the basic allowance for housing (BAH), the basic 

14 allowance for subsistence (BAS), tax benefits applica15 ble to military pay and allowances under Federal law 

16 (including the Social Security laws) and State law, 

17 military retirement benefits, commissary and ex18 change privileges, and military healthcare benefits. 

19 (2) An assessment of private-sector pay and ben20 efits for civilians of similar age, education, and expe21 rience in like fields of officers and enlisted personnel 

22 of the Armed Forces, including pay, bonuses, em23 ployee options, fringe benefits, retirement benefits, in24 dividual retirement investment benefits, flexible 

25 spending accounts and health savings accounts, and 
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1 any other elements of private-sector compensation 

2 that the Comptroller General considers appropriate. 

3 (3) An identification of the percentile of com4 parable private-sector compensation at which mem5 bers of the Armed Forces are paid, including an as6 sessment of the adequacy of percentile comparisons 

7 generally and whether the Department of Defense goal 

8 of compensating members of the Armed Forces at the 

9 80th percentile of comparable private-sector com10 pensation, as described in the 10th Quadrennial Re11 view of Military Compensation, is appropriate and 

12 adequate to achieve comparability of pay between 

13 members of the Armed Forces and private-sector em14 ployees. 

15 (c) REPORT.—The Comptroller General shall submit 

16 to the congressional defense committees a report on the 

17 study required by subsection (a) by not later than April 

18 1, 2010. 

19 SEC. 603. INCREASE IN MAXIMUM MONTHLY AMOUNT OF 

20 SUPPLEMENTAL SUBSISTENCE ALLOWANCE 

21 FOR LOW-INCOME MEMBERS WITH DEPEND22 ENTS. 

23 (a) INCREASE IN MAXIMUM MONTHLY AMOUNT.—Sec24 tion 402a(a) of title 37, United States Code, is amended— 
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1 (1) in paragraph (2), by striking ‘‘$500’’ and in2 serting ‘‘$1,100’’; and 

3 (2) in paragraph (3)(B), by striking ‘‘$500’’ and 

4 inserting ‘‘$1,100’’. 

5 (b) EFFECTIVE DATE.—The amendments made by sub6 section (a) shall take effect on October 1, 2009, and shall 

7 apply with respect to monthly supplemental subsistence al8 lowances for low-income members with dependents payable 

9 on or after that date. 

10 (c) REPORT ON ELIMINATION OF RELIANCE ON SUP11 PLEMENTAL NUTRITION ASSISTANCE PROGRAM TO MEET

12 NUTRITIONAL NEEDS OF MEMBERS OF THE ARMED

13 FORCES AND THEIR DEPENDENTS.— 

14 (1) IN GENERAL.—Not later than September 1, 

15 2010, the Secretary of Defense shall, in consultation 

16 with the Secretary of Agriculture, submit to the con17 gressional defense committees a report setting forth a 

18 plan for actions to eliminate the need for members of 

19 the Armed Forces and their dependents to rely on the 

20 supplemental nutrition assistance program under the 

21 Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) for 

22 their monthly nutritional needs. 

23 (2) ELEMENTS.—The plan required by para24 graph (1) shall address the following: 
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1 (A) An appropriate amount or amounts for 

2 the monthly supplemental subsistence allowance 

3 for low-income members with dependents payable 

4 under section 402a of title 37, United States 

5 Code. 

6 (B) Such modifications, if any, to the eligi7 bility requirements for the monthly supplemental 

8 subsistence allowance, including limitations on 

9 the maximum size of the household of a member 

10 for purposes of eligibility for the allowance, as 

11 the Secretary of Defense considers appropriate. 

12 (C) The advisability of requiring members 

13 of the Armed Forces to apply for the monthly 

14 supplemental subsistence allowance before seeking 

15 assistance under the supplemental nutrition as16 sistance program. 

17 (D) Such other matters as the Secretary of 

18 Defense considers appropriate. 

19 SEC. 604. BENEFITS UNDER POST-DEPLOYMENT/MOBILIZA20 TION RESPITE ABSENCE PROGRAM FOR CER21 TAIN PERIODS BEFORE IMPLEMENTATION OF 

22 PROGRAM. 

23 (a) IN GENERAL.—Under regulations prescribed by the 

24 Secretary of Defense, the Secretary concerned may provide 

25 any member or former member of the Armed Forces with 
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1 the benefits specified in subsection (b) if the member or 

2 former member would, on any day during the period begin3 ning on January 19, 2007, and ending on the date of the 

4 implementation of the Post-Deployment/Mobilization Res5 pite Absence (PDMRA) program by the Secretary con6 cerned, have qualified for a day of administrative absence 

7 under the Post-Deployment/Mobilization Respite Absence 

8 program had the program been in effect during such period. 

9 (b) BENEFITS.—The benefits specified in this sub10 section are the following: 

11 (1) In the case of an individual who is a former 

12 member of the Armed Forces at the time of the provi13 sion of benefits under this section, payment of an 

14 amount not to exceed $200 for each day the indi15 vidual would have qualified for a day of administra16 tive absence as described in subsection (a) during the 

17 period specified in that subsection. 

18 (2) In the case of an individual who is a member 

19 of the Armed Forces at the time of the provision of 

20 benefits under this section, either one day of adminis21 trative absence or payment of an amount not to ex22 ceed $200, as selected by the Secretary concerned, for 

23 each day the individual would have qualified for a 

24 day of administrative absence as described in sub-
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1 section (a) during the period specified in that sub2 section. 

3 (c) EXCLUSION OF CERTAIN FORMER MEMBERS.—A 

4 former member of the Armed Forces is not eligible under 

5 this section for the benefits specified in subsection (b)(1) if 

6 the former member was discharged or released from the 

7 Armed Forces under other than honorable conditions. 

8 (d) MAXIMUM NUMBER OF DAYS OF BENEFITS

9 PROVIDABLE.—The number of days of benefits providable 

10 to a member or former member of the Armed Forces under 

11 this section may not exceed 40 days of benefits. 

12 (e) FORM OF PAYMENT.—The paid benefits providable 

13 under subsection (b) may be paid in a lump sum or install14 ments, at the election of the Secretary concerned. 

15 (f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 

16 The benefits provided a member or former member of the 

17 Armed Forces under this section are in addition to any 

18 other pay, absence, or leave provided by law. 

19 (g) DEFINITIONS.—In this section: 

20 (1) The term ‘‘Post-Deployment/Mobilization 

21 Respite Absence program’’ means the program of a 

22 military department to provide days of administra23 tive absence not chargeable against available leave to 

24 certain deployed or mobilized members of the Armed 

25 Forces in order to assist such members in reinte-
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1 grating into civilian life after deployment or mobili2 zation. 

3 (2) The term ‘‘Secretary concerned’’ has the 

4 meaning given that term in section 101(5) of title 37, 

5 United States Code. 

6 (h) TERMINATION.— 

7 (1) IN GENERAL.—The authority to provide ben8 efits under this section shall expire on the date that 

9 is one year after the date of the enactment of this Act. 

10 (2) CONSTRUCTION.—Expiration under this sub11 section of the authority to provide benefits under this 

12 section shall not affect the utilization of any day of 

13 administrative absence provided a member of the 

14 Armed Forces under subsection (b)(2), or the payment 

15 of any payment authorized a member or former mem16 ber of the Armed Forces under subsection (b), before 

17 the expiration of the authority in this section. 

18 Subtitle B—Bonuses and Special 

19 and Incentive Pays 

20 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

21 PAY AUTHORITIES FOR RESERVE FORCES. 

22 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

23 Section 308b(g) of title 37, United States Code, is amended 

24 by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

25 31, 2010’’. 
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1 (b) SELECTED RESERVE AFFILIATION OR ENLISTMENT

2 BONUS.—Section 308c(i) of such title is amended by strik3 ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

4 2010’’. 

5 (c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

6 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 

7 such title is amended by striking ‘‘December 31, 2009’’ and 

8 inserting ‘‘December 31, 2010’’. 

9 (d) READY RESERVE ENLISTMENT BONUS FOR PER10 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

11 such title is amended by striking ‘‘December 31, 2009’’ and 

12 inserting ‘‘December 31, 2010’’. 

13 (e) READY RESERVE ENLISTMENT AND REENLIST14 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec15 tion 308h(e) of such title is amended by striking ‘‘December 

16 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

17 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

18 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

19 title is amended by striking ‘‘December 31, 2009’’ and in20 serting ‘‘December 31, 2010’’. 

21 (g) INCOME REPLACEMENT PAYMENTS.—Section 

22 910(g) of such title is amended by striking ‘‘December 31, 

23 2009’’ and inserting ‘‘December 31, 2010’’. 
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1 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

2 PAY AUTHORITIES FOR HEALTH CARE PRO3 FESSIONALS. 

4 (a) NURSE OFFICER CANDIDATE ACCESSION PRO5 GRAM.—Section 2130a(a)(1) of title 10, United States Code, 

6 is amended by striking ‘‘December 31, 2009’’ and inserting 

7 ‘‘December 31, 2010’’. 

8 (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

9 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

10 RESERVE.—Section 16302(d) of such title is amended by 

11 striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

12 2010’’. 

13 (c) ACCESSION AND RETENTION BONUSES FOR PSY14 CHOLOGISTS.—Section 302c-1(f) of title 37, United States 

15 Code, is amended by striking ‘‘December 31, 2009’’ and in16 serting ‘‘December 31, 2010’’. 

17 (d) ACCESSION BONUS FOR REGISTERED NURSES.— 

18 Section 302d(a)(1) of such title is amended by striking ‘‘De19 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

20 (e) INCENTIVE SPECIAL PAY FOR NURSE ANES21 THETISTS.—Section 302e(a)(1) of such title is amended by 

22 striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

23 2010’’. 

24 (f) SPECIAL PAY FOR SELECTED RESERVE HEALTH

25 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIAL-
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1 TIES.—Section 302g(e) of such title is amended by striking 

2 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

3 (g) ACCESSION BONUS FOR DENTAL OFFICERS.—Sec4 tion 302h(a)(1) of such title is amended by striking ‘‘De5 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

6 (h) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

7 Section 302j(a) of such title is amended by striking ‘‘De8 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

9 (i) ACCESSION BONUS FOR MEDICAL OFFICERS IN

10 CRITICALLY SHORT WARTIME SPECIALTIES.—Section 

11 302k(f) of such title is amended by striking ‘‘December 31, 

12 2009’’ and inserting ‘‘December 31, 2010’’. 

13 (j) ACCESSION BONUS FOR DENTAL SPECIALIST OFFI14 CERS IN CRITICALLY SHORT WARTIME SPECIALTIES.—Sec15 tion 302l(g) of such title is amended by striking ‘‘December 

16 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

17 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU18 THORITIES FOR NUCLEAR OFFICERS. 

19 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

20 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(f) 

21 of title 37, United States Code, is amended by striking ‘‘De22 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

23 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

24 312b(c) of such title is amended by striking ‘‘December 31, 

25 2009’’ and inserting ‘‘December 31, 2010’’. 
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1 (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.— 

2 Section 312c(d) of such title is amended by striking ‘‘De3 cember 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

4 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO TITLE 

5 37 CONSOLIDATED SPECIAL PAY, INCENTIVE 

6 PAY, AND BONUS AUTHORITIES. 

7 (a) GENERAL BONUS AUTHORITY FOR ENLISTED

8 MEMBERS.—Section 331(h) of title 37, United States Code, 

9 is amended by striking ‘‘December 31, 2009’’ and inserting 

10 ‘‘December 31, 2010’’. 

11 (b) GENERAL BONUS AUTHORITY FOR OFFICERS.— 

12 Section 332(g) of such title is amended by striking ‘‘Decem13 ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

14 (c) SPECIAL BONUS AND INCENTIVE PAY AUTHORI15 TIES FOR NUCLEAR OFFICERS.—Section 333(i) of such title 

16 is amended by striking ‘‘December 31, 2009’’ and inserting 

17 ‘‘December 31, 2010’’. 

18 (d) SPECIAL AVIATION INCENTIVE PAY AND BONUS

19 AUTHORITIES.—Section 334(i) of such title is amended by 

20 striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

21 2010’’. 

22 (e) SPECIAL HEALTH PROFESSIONS INCENTIVE PAY

23 AND BONUS AUTHORITIES.—Section 335(k) of such title is 

24 amended by striking ‘‘December 31, 2009’’ and inserting 

25 ‘‘December 31, 2010’’. 
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1 (f) HAZARDOUS DUTY PAY.—Section 351(i) of such 

2 title is amended by striking ‘‘December 31, 2009’’ and in3 serting ‘‘December 31, 2010’’. 

4 (g) ASSIGNMENT PAY OR SPECIAL DUTY PAY.—Sec5 tion 352(g) of such title is amended by striking ‘‘December 

6 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

7 (h) SKILL INCENTIVE PAY OR PROFICIENCY BONUS.— 

8 Section 353(j) of such title is amended by striking ‘‘Decem9 ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

10 (i) RETENTION BONUS FOR MEMBERS WITH CRITICAL

11 MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

12 UNITS.—Section 355(i) of such title is amended by striking 

13 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

14 SEC. 615. EXTENSION OF AUTHORITIES RELATING TO PAY15 MENT OF OTHER TITLE 37 BONUSES AND SPE16 CIAL PAYS. 

17 (a) AVIATION OFFICER RETENTION BONUS.—Section 

18 301b(a) of title 37, United States Code, is amended by strik19 ing ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

20 2010’’. 

21 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) of 

22 such title is amended by striking ‘‘December 31, 2009’’ and 

23 inserting ‘‘December 31, 2010’’. 
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1 (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS.— 

2 Section 308(g) of such title is amended by striking ‘‘Decem3 ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

4 (d) ENLISTMENT BONUS.—Section 309(e) of such title 

5 is amended by striking ‘‘December 31, 2009’’ and inserting 

6 ‘‘December 31, 2010’’. 

7 (e) ACCESSION BONUS FOR NEW OFFICERS IN CRIT8 ICAL SKILLS.—Section 324(g) of such title is amended by 

9 striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

10 2010’’. 

11 (f) INCENTIVE BONUS FOR CONVERSION TO MILITARY

12 OCCUPATIONAL SPECIALTY TO EASE PERSONNEL SHORT13 AGE.—Section 326(g) of such title is amended by striking 

14 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

15 (g) INCENTIVE BONUS FOR TRANSFER BETWEEN

16 ARMED FORCES.—Section 327(h) of such title is amended 

17 by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

18 31, 2010’’. 

19 (h) ACCESSION BONUS FOR OFFICER CANDIDATES.— 

20 Section 330(f) of such title is amended by striking ‘‘Decem21 ber 31, 2009’’ and inserting ‘‘December 31, 2010’’. 

22 SEC. 616. EXTENSION OF AUTHORITIES RELATING TO PAY23 MENT OF REFERRAL BONUSES. 

24 (a) HEALTH PROFESSIONS REFERRAL BONUS.—Sec25 tion 1030(i) of title 10, United States Code, is amended 
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1 by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

2 31, 2010’’. 

3 (b) ARMY REFERRAL BONUS.—Section 3252(h) of such 

4 title is amended by striking ‘‘December 31, 2009’’ and in5 serting ‘‘December 31, 2010’’. 

6 SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE 

7 UNIFORMED SERVICES WITH SERIOUS INJU8 RIES OR ILLNESSES REQUIRING ASSISTANCE 

9 IN EVERYDAY LIVING. 

10 (a) IN GENERAL.—Chapter 7 of title 37, United States 

11 Code, is amended by adding at the end the following new 

12 section: 

13 ‘‘§ 439. Special compensation: members of the uni14 formed services with serious injuries or 

15 illnesses requiring assistance in everyday 

16 living 

17 ‘‘(a) MONTHLY COMPENSATION.—The Secretary con18 cerned may pay to any member of the uniformed services 

19 described in subsection (b) monthly special compensation 

20 in an amount determined under subsection (c). 

21 ‘‘(b) COVERED MEMBERS.—A member eligible for 

22 monthly special compensation authorized by subsection (a) 

23 is a member who— 

24 ‘‘(1) has been certified by a licensed physician to 

25 be in need of assistance from another person to per-
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1 form the personal functions required in everyday liv2 ing; 

3 ‘‘(2) has a serious injury, disorder, or disease of 

4 either a temporary or permanent nature that— 

5 ‘‘(A) is incurred or aggravated in the line 

6 of duty; and 

7 ‘‘(B) compromises the member’s ability to 

8 carry out one or more activities of daily living 

9 or requires the member to be constantly super10 vised to avoid physical harm to the member or 

11 to others; and 

12 ‘‘(3) meets such other criteria, if any, as the Sec13 retary of Defense (or the Secretary of Homeland Secu14 rity, with respect to the Coast Guard) prescribes for 

15 purposes of this section. 

16 ‘‘(c) AMOUNT.—(1) The amount of monthly special 

17 compensation payable to a member under subsection (a) 

18 shall be determined under criteria prescribed by the Sec19 retary of Defense (or the Secretary of Homeland Security, 

20 with respect to the Coast Guard), but may not exceed the 

21 amount of aid and attendance allowance authorized by sec22 tion 1114(r)(2) of title 38 for veterans in need of aid and 

23 attendance. 
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1 ‘‘(2) In determining the amount of monthly special 

2 compensation, the Secretary concerned shall consider the 

3 following: 

4 ‘‘(A) The extent to which home health care and 

5 related services are being provided by the Govern6 ment. 

7 ‘‘(B) The extent to which aid and attendance 

8 services are being provided by family and friends who 

9 may be compensated with funds provided through the 

10 monthly special compensation. 

11 ‘‘(d) PAYMENT UNTIL MEDICAL RETIREMENT.— 

12 Monthly special compensation is payable under this section 

13 to a member described in subsection (b) for any month that 

14 begins before the date on which the member is medically 

15 retired. 

16 ‘‘(e) CONSTRUCTION WITH OTHER PAY AND ALLOW17 ANCES.—Monthly special compensation payable to a mem18 ber under this section is in addition to any other pay and 

19 allowances payable to the member by law. 

20 ‘‘(f) BENEFIT INFORMATION.—The Secretary of De21 fense, in collaboration with the Secretary of Veterans Af22 fairs, shall ensure that members of the uniformed services 

23 who may be eligible for compensation under this section are 

24 made aware of the availability of such compensation by in-
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1 cluding information about such compensation in written 

2 and online materials for such members and their families. 

3 ‘‘(g) REGULATIONS.—The Secretary of Defense (or the 

4 Secretary of Homeland Security, with respect to the Coast 

5 Guard) shall prescribe regulations to carry out this sec6 tion.’’. 

7 (b) REPORT TO CONGRESS.— 

8 (1) IN GENERAL.—Not later than one year after 

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

10 Defense (and the Secretary of Homeland Security, 

11 with respect to the Coast Guard) shall submit to Con12 gress a report on the provision of compensation under 

13 section 439 of title 37, United States Code, as added 

14 by subsection (a) of this section. 

15 (2) ELEMENTS.—The report required by para16 graph (1) shall include the following: 

17 (A) An estimate of the number of members 

18 of the uniformed services eligible for compensa19 tion under such section 439. 

20 (B) The number of members of the uni21 formed services receiving compensation under 

22 such section. 

23 (C) The average amount of compensation 

24 provided to members of the uniformed services 

25 receiving such compensation. 
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1 (D) The average amount of time required 

2 for a member of the uniformed services to receive 

3 such compensation after the member becomes eli4 gible for the compensation. 

5 (E) A summary of the types of injuries, dis6 orders, and diseases of members of the uniformed 

7 services receiving such compensation that made 

8 such members eligible for such compensation. 

9 (c) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of chapter 7 of such title is amended by add11 ing at the end the following new item: 

‘‘439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living.’’. 

12 SEC. 618. TEMPORARY AUTHORITY FOR MONTHLY SPECIAL 

13 PAY FOR MEMBERS OF THE ARMED FORCES 

14 SUBJECT TO CONTINUING ACTIVE DUTY OR 

15 SERVICE UNDER STOP-LOSS AUTHORITIES. 

16 (a) SPECIAL PAY AUTHORIZED.—The Secretary of the 

17 military department concerned may pay monthly special 

18 pay to any member of the Armed Forces described in sub19 section (b) for any month or portion of a month in which 

20 the member serves on active duty in the Armed Forces or 

21 active status in a reserve component of the Armed Forces, 

22 including time served performing pre-deployment and re23 integration duty regardless of whether or not such duty was 

24 performed by such a member on active duty in the Armed 
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1 Forces, or has the member’s eligibility for retirement from 

2 the Armed Forces suspended, as described in that sub3 section. 

4 (b) COVERED MEMBERS.—A member of the Armed 

5 Forces described in this subsection is any member of the 

6 Army, Navy, Air Force, or Marine Corps (including a 

7 member of a reserve component thereof) who, at any time 

8 during the period beginning on October 1, 2009, and ending 

9 on June 30, 2011, serves on active duty in the Armed Forces 

10 or active status in a reserve component of the Armed Forces, 

11 including time served performing pre-deployment and re12 integration duty regardless of whether or not such duty was 

13 performed by such a member on active duty in the Armed 

14 Forces, while the member’s enlistment or period of obligated 

15 service is extended, or has the member’s eligibility for retire16 ment suspended, pursuant to section 123 or 12305 of title 

17 10, United States Code, or any other provision of law (com18 monly referred to as a ‘‘stop-loss authority’’) authorizing 

19 the President to extend an enlistment or period of obligated 

20 service, or suspend eligibility for retirement, of a member 

21 of the uniformed services in time of war or of national 

22 emergency declared by Congress or the President. 

23 (c) AMOUNT.—The amount of monthly special pay 

24 payable to a member under this section for a month may 

25 not exceed $500. 
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1 (d) CONSTRUCTION WITH OTHER PAYS.—Monthly 

2 special pay payable to a member under this section is in 

3 addition to any other amounts payable to the member by 

4 law. 

5 Subtitle C—Travel and 

6 Transportation Allowances 

7 SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES 

8 FOR DESIGNATED INDIVIDUALS OF WOUND9 ED, ILL, OR INJURED MEMBERS OF THE UNI10 FORMED SERVICES FOR DURATION OF INPA11 TIENT TREATMENT. 

12 (a) AUTHORITY TO PROVIDE TRAVEL TO DESIGNATED

13 INDIVIDUALS.—Subsection (a) of section 411h of title 37, 

14 United States Code, is amended— 

15 (1) in paragraph (1)— 

16 (A) by striking ‘‘family members of a mem17 ber described in paragraph (2)’’ and inserting 

18 ‘‘individuals who, with respect to a member de19 scribed in paragraph (2), are designated individ20 uals for that member’’; 

21 (B) by striking ‘‘that the presence of the 

22 family member’’ and inserting ‘‘, with respect to 

23 any such individual, that the presence of such 

24 individual’’; and 
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1 (C) by striking ‘‘of family members’’ and 

2 inserting ‘‘of designated individuals’’; and 

3 (2) by adding at the end the following new para4 graph: 

5 ‘‘(4) In the case of a designated individual who is also 

6 a member of the uniformed services, that member may be 

7 provided travel and transportation under this section in the 

8 same manner as a designated individual who is not a mem9 ber.’’. 

10 (b) DEFINITION OF DESIGNATED INDIVIDUAL.— 

11 (1) IN GENERAL.—Paragraph (1) of subsection 

12 (b) of such section is amended by striking ‘‘the term’’ 

13 and all that follows and inserting ‘‘the term ‘des14 ignated individual’, with respect to a member, 

15 means— 

16 ‘‘(A) an individual designated by the member for 

17 the purposes of this section; or 

18 ‘‘(B) in the case of a member who has not made 

19 a designation under subparagraph (A) and, as deter20 mined by the attending physician or surgeon, is not 

21 able to make such a designation, an individual who, 

22 as designated by the attending physician or surgeon 

23 and the commander or head of the military medical 

24 facility exercising control over the member, is someone 

25 with a personal relationship to the member whose 
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1 presence may aid and support the health and welfare 

2 of the member during the duration of the member’s 

3 inpatient treatment.’’. 

4 (2) DESIGNATIONS NOT PERMANENT.—Para5 graph (2) of such subsection is amended to read as 

6 follows: 

7 ‘‘(2) The designation of an individual as a designated 

8 individual for purposes of this section may be changed at 

9 any time.’’. 

10 (c) COVERAGE OF MEMBERS HOSPITALIZED OUTSIDE

11 THE UNITED STATES WHO WERE WOUNDED OR INJURED

12 IN A COMBAT OPERATION OR COMBAT ZONE.— 

13 (1) COVERAGE FOR HOSPITALIZATION OUTSIDE

14 THE UNITED STATES.—Subparagraph (B) of section 

15 (a)(2) of such section is amended— 

16 (A) in clause (i), by striking ‘‘in or outside 

17 the United States’’; and 

18 (B) in clause (ii), by striking ‘‘in the 

19 United States’’. 

20 (2) CLARIFICATION OF MEMBERS COVERED.— 

21 Such subparagraph is further amended— 

22 (A) in clause (i), by inserting ‘‘seriously 

23 wounded,’’ after ‘‘(i) is’’; and 

24 (B) in clause (ii)— 
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1 (i) by striking ‘‘an injury’’ and insert2 ing ‘‘a wound or an injury’’; and 

3 (ii) by striking ‘‘that injury’’ and in4 serting ‘‘that wound or injury’’. 

5 (d) COVERAGE OF MEMBERS WITH SERIOUS MENTAL

6 DISORDERS.— 

7 (1) IN GENERAL.—Subsection (a)(2)(B)(i) of 

8 such section, as amended by subsection (c) of this sec9 tion, is further amended by inserting ‘‘(including 

10 having a serious mental disorder)’’ after ‘‘seriously 

11 injured’’. 

12 (2) SERIOUS MENTAL DISORDER DEFINED.— 

13 Subsection (b) of such section 411h, as amended by 

14 subsection (b) of this section, is further amended by 

15 adding at the end the following new paragraph: 

16 ‘‘(4)(A) In this section, the term ‘serious mental dis17 order’, in the case of a member, means that the member 

18 has been diagnosed with a mental disorder that requires 

19 intensive mental health treatment or hospitalization. 

20 ‘‘(B) The circumstances in which a member shall be 

21 considered to have a serious mental disorder for purposes 

22 of this section shall include, but not be limited to, the fol23 lowing: 

24 ‘‘(i) The member is considered to be a potential 

25 danger to self or others as a result of a diagnosed 
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1 mental disorder that requires intensive mental health 

2 treatment or hospitalization. 

3 ‘‘(ii) The member is diagnosed with a mental 

4 disorder and has psychotic symptoms that require in5 tensive mental health treatment or hospitalization. 

6 ‘‘(iii) The member is diagnosed with a mental 

7 disorder and has severe symptoms or severe impair8 ment in functioning that require intensive mental 

9 health treatment or hospitalization.’’. 

10 (e) FREQUENCY OF AUTHORIZED TRAVEL.—Para11 graph (3) of subsection (a) of such section 411h is amended 

12 to read as follows: 

13 ‘‘(3) Not more than a total of three roundtrips may 

14 be provided under paragraph (1) in any 60-day period at 

15 Government expense to the individuals who, with respect 

16 to a member, are the designated individuals of that member 

17 in effect during that period. However, if the Secretary con18 cerned has granted a waiver under the second sentence of 

19 paragraph (1) with respect to a member, then for any 60- 

20 day period in which the waiver is in effect the limitation 

21 in the preceding sentence shall be adjusted accordingly. In 

22 addition, during any period during which there is in effect 

23 a non-medical attendant designation for a member under 

24 section 411h–1 of this title, not more than a total of two 

25 roundtrips may be provided under paragraph (1) in any 
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1 60-day period at Government expense until there no longer 

2 is a designation of a non-medical attendant or that designa3 tion transfers to another individual, in which case during 

4 the transfer period three roundtrip tickets may be pro5 vided.’’. 

6 (f) STYLISTIC AND CONFORMING AMENDMENTS.—Such 

7 section is further amended— 

8 (1) in subsection (a), by striking ‘‘(a)(1)’’ and 

9 inserting ‘‘(a) TRAVEL AND TRANSPORTATION AU10 THORIZED.—(1)’’; 

11 (2) in subsection (b)— 

12 (A) by striking ‘‘(b)(1)’’ and inserting ‘‘(b) 

13 DEFINITIONS.—(1)’’; and 

14 (B) in paragraph (3)— 

15 (i) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

16 (ii) by adding at the end the following 

17 new subparagraph: 

18 ‘‘(B) In this paragraph, the term ‘family member’, 

19 with respect to a member, means the following: 

20 ‘‘(i) The member’s spouse. 

21 ‘‘(ii) Children of the member (including step22 children, adopted children, and illegitimate children). 

23 ‘‘(iii) Parents of the member or persons in loco 

24 parentis to the member, including fathers and moth25 ers through adoption and persons who stood in loco 
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1 parentis to the member for a period not less than one 

2 year immediately before the member entered the uni3 formed service, except that only one father and one 

4 mother or their counterparts in loco parentis may be 

5 recognized in any one case. 

6 ‘‘(iv) Siblings of the member. 

7 ‘‘(v) A person related to the member as described 

8 in clause (i), (ii), (iii), or (iv) who is also a member 

9 of the uniformed services.’’; 

10 (3) in subsection (c)— 

11 (A) by striking ‘‘(c)(1)’’ and inserting ‘‘(c) 

12 ROUND TRIP TRANSPORTATION AND PER DIEM

13 ALLOWANCE.—(1)’’; and 

14 (B) in paragraph (1), by striking ‘‘family 

15 member’’ and inserting ‘‘designated individual’’; 

16 and 

17 (4) in subsection (d), by striking ‘‘(d)(1)’’ and 

18 inserting ‘‘(d) METHOD OF TRANSPORTATION AU19 THORIZED.—(1)’’. 

20 (g) CLERICAL AMENDMENTS.— 

21 (1) SECTION HEADING.—The heading of such sec22 tion is amended to read as follows: 
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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 item relating to 

6 such section in the table of sections at the beginning 

7 of chapter 7 of such title is amended to read as fol8 lows: 

‘‘411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of 

wounds, illness, or injury.’’. 

9 (h) CONFORMING AMENDMENT TO WOUNDED WARRIOR

10 ACT.—Section 1602(4) of the Wounded Warrior Act (10 

11 U.S.C. 1071 note) is amended by striking ‘‘411h(b)(1)’’ and 

12 inserting ‘‘411h(b)(3)(B)’’. 

13 (i) APPLICABILITY OF AMENDMENTS.—No reimburse14 ment may be provided under section 411h of title 37, United 

15 States Code, by reason of the amendments made by this sec16 tion for travel and transportation costs incurred before the 

17 date of the enactment of this Act. 

18 SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES 

19 FOR NON-MEDICAL ATTENDANTS OF SERI20 OUSLY WOUNDED, ILL, OR INJURED MEM21 BERS OF THE UNIFORMED SERVICES. 

22 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 
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1 (1) IN GENERAL.—Chapter 7 of title 37, United 

2 States Code, is mended by inserting after section 411h 

3 the following new section: 

4 ‘‘§ 411h–1. Travel and transportation allowances: 

5 transportation of non-medical attendants 

6 for members who are seriously wounded, 

7 ill, or injured 

8 ‘‘(a) IN GENERAL.—Under uniform regulations pre9 scribed by the Secretaries concerned, travel and transpor10 tation described in subsection (d) may be provided for a 

11 qualified non-medical attendant for a member of the uni12 formed services described in subsection (c) if the attending 

13 physician or surgeon and the commander or head of the 

14 military medical facility exercising control over the member 

15 jointly determine that the presence of such an attendant 

16 may contribute to the member’s health and welfare. 

17 ‘‘(b) QUALIFIED NON-MEDICAL ATTENDANT.—For 

18 purposes of this section, a qualified non-medical attendant 

19 with respect to a member described in subsection (c) is an 

20 individual who— 

21 ‘‘(1) the member designates for purposes of this 

22 section to be a non-medical attendant for the member; 

23 or 

24 ‘‘(2) the attending physician or surgeon and the 

25 commander or head of the military medical facility 
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1 exercising control over the member jointly determine 

2 is an appropriate non-medical attendant for the 

3 member whose presence may contribute to the mem4 ber’s health and welfare. 

5 ‘‘(c) COVERED MEMBERS.—A member of the uni6 formed services described in this subsection is a member 

7 who— 

8 ‘‘(1) is serving on active duty, is entitled to pay 

9 and allowances under section 204(g) of this title (or 

10 would be so entitled if not for offsetting earned income 

11 described in that subsection), or is retired for the 

12 wound, illness, or injury for which the member is cat13 egorized as described in paragraph (2); 

14 ‘‘(2) has been determined by the attending physi15 cian or surgeon to be in the category known as ‘very 

16 seriously wounded, ill, or injured’ or in the category 

17 known as ‘seriously wounded, ill, and injured’; and 

18 ‘‘(3) either— 

19 ‘‘(A) is hospitalized for treatment of the 

20 wound, illness, or injury for which the member 

21 is so categorized; or 

22 ‘‘(B) requires continuing outpatient treat23 ment for such wound, illness, or injury. 

24 ‘‘(d) TRAVEL AND TRANSPORTATION.—(1)(A) The 

25 transportation authorized by subsection (a) for a qualified 
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1 non-medical attendant for a member is round-trip trans2 portation between the home of the attendant and the loca3 tion at which the member is receiving treatment, including 

4 transportation, while accompanying the member, to any 

5 other location to which the member is subsequently trans6 ferred for further treatment. 

7 ‘‘(B) In addition to the transportation authorized by 

8 subsection (a), the Secretary concerned may provide a per 

9 diem allowance or reimbursement, or a combination thereof, 

10 for the actual and necessary expenses of travel as described 

11 in subparagraph (A), but at rates not to exceed the rates 

12 for travel established under section 404(d) of this title. 

13 ‘‘(2) The transportation authorized by subsection (a) 

14 includes transportation, while accompanying the member, 

15 necessary to obtain treatment for the member at the location 

16 to which the member is permanently assigned. 

17 ‘‘(3) The transportation authorized by subsection (a) 

18 may be provided by any means as follows: 

19 ‘‘(A) Transportation in-kind. 

20 ‘‘(B) A monetary allowance in place of transpor21 tation in-kind. 

22 ‘‘(C) Reimbursement for the cost of commercial 

23 transportation. 

24 ‘‘(4) An allowance payable under this subsection may 

25 be paid in advance. 
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1 ‘‘(5) Reimbursement payable under this subsection for 

2 air travel may not exceed the cost of Government-procured 

3 commercial round-trip air travel. 

4 ‘‘(e) COORDINATION WITH TRANSPORTATION AND AL5 LOWANCES FOR DESIGNATED INDIVIDUALS.—An individual 

6 may not receive travel and transportation allowances under 

7 section 411h of this title and this section simultaneously.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of chapter 7 of such title is 

10 amended by inserting after the item related to section 

11 411h the following new item: 

‘‘411h–1. Travel and transportation allowances: transportation of non-medical attendants for members who are seriously wounded, ill, or injured.’’. 

12 (b) APPLICABILITY.—No reimbursement may be pro13 vided under section 411h–1 of title 37, United States Code 

14 (as added by subsection (a)), for any costs of travel or trans15 portation incurred before the date of the enactment of this 

16 Act. 

17 SEC. 633. TRAVEL AND TRANSPORTATION ALLOWANCES 

18 FOR MEMBERS OF THE RESERVE COMPO19 NENTS OF THE ARMED FORCES ON LEAVE 

20 FOR SUSPENSION OF TRAINING. 

21 (a) ALLOWANCES AUTHORIZED.— 

22 (1) IN GENERAL.—Chapter 7 of title 37, United 

23 States Code, is amended by inserting after section 

24 411j the following new section: 
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1 ‘‘§ 411k. Travel and transportation allowances: travel 

2 performed by certain members of the re3 serve components of the armed forces in 

4 connection with leave for suspension of 

5 training 

6 ‘‘(a) ALLOWANCE AUTHORIZED.—The Secretary con7 cerned may reimburse or provide transportation to a mem8 ber of a reserve component of the armed forces on active 

9 duty for a period of more than 30 days who is performing 

10 duty at a temporary duty station for travel between the 

11 member’s temporary duty station and the member’s perma12 nent duty station in connection with authorized leave pur13 suant to a suspension of training. 

14 ‘‘(b) MINIMUM DISTANCE BETWEEN STATIONS.—A 

15 member may be paid for or provided transportation under 

16 subsection (a) only as follows: 

17 ‘‘(1) In the case of a member who travels between 

18 a temporary duty station and permanent duty sta19 tion by air transportation, if the distance between 

20 such stations is not less than 300 miles. 

21 ‘‘(2) In the case of a member who travels between 

22 a temporary duty station and permanent duty sta23 tion by ground transportation, if the distance between 

24 such stations is more than the normal commuting dis25 tance from the permanent duty station (as determined 

26 under the regulations prescribed under subsection (e)). 
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1 ‘‘(c) MINIMUM PERIOD OF SUSPENSION OF TRAIN2 ING.—A member may be paid for or provided transpor3 tation under subsection (a) only in connection with a sus4 pension of training covered by that subsection that is five 

5 days or more in duration. 

6 ‘‘(d) LIMITATION ON REIMBURSEMENT.—The amount 

7 a member may be paid under subsection (a) for travel may 

8 not exceed the amount that would be paid by the govern9 ment (as determined under the regulations prescribed under 

10 subsection (e)) for the least expensive means of travel be11 tween the duty stations concerned. 

12 ‘‘(e) REGULATIONS.—The Secretary concerned shall 

13 prescribe regulations to carry out this section. Regulations 

14 prescribed by the Secretary of a military department shall 

15 be subject to the approval of the Secretary of Defense.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of chapter 7 of such title is 

18 amended by inserting after the item relating to sec19 tion 411j the following new item: 

‘‘411k. Travel and transportation allowances: travel performed by certain members 

of the reserve components of the armed forces in connection with 

leave for suspension of training.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by sub21 section (a) shall take effect on the date of the enactment 

22 of this Act, and shall apply with respect to travel that oc23 curs on or after that date. 
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1 SEC. 634. REIMBURSEMENT OF TRAVEL EXPENSES OF MEM2 BERS OF THE ARMED FORCES ON ACTIVE 

3 DUTY AND THEIR DEPENDENTS FOR TRAVEL 

4 FOR SPECIALTY CARE UNDER EXCEPTIONAL 

5 CIRCUMSTANCES. 

6 (a) REIMBURSEMENT AUTHORIZED.—Section 1074i of 

7 title 10, United States Code, is amended— 

8 (1) by redesignating subsections (b) and (c) as 

9 subsections (c) and (d), respectively; and 

10 (2) by inserting after subsection (a) the following 

11 new subsection (b): 

12 ‘‘(b) REIMBURSEMENT FOR TRAVEL UNDER EXCEP13 TIONAL CIRCUMSTANCES.—The Secretary of Defense may 

14 provide reimbursement for reasonable travel expenses of 

15 travel of members of the armed forces on active duty and 

16 their dependents, and accompaniment, to a specialty care 

17 provider not otherwise authorized by subsection (a) under 

18 such exceptional circumstances as the Secretary considers 

19 appropriate for purposes of this section.’’. 

20 (b) TECHNICAL AMENDMENT.—Subsection (a) of such 

21 section is amended by inserting ‘‘of Defense’’ after ‘‘the Sec22 retary’’. 
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1 SEC. 635. TRAVEL AND TRANSPORTATION FOR SURVIVORS 

2 OF DECEASED MEMBERS OF THE UNIFORMED 

3 SERVICES TO ATTEND MEMORIAL CERE4 MONIES. 

5 (a) ALLOWANCES AUTHORIZED.—Subsection (a) of 

6 section 411f of title 37, United States Code, is amended— 

7 (1) by redesignating paragraph (2) as para8 graph (3); and 

9 (2) by inserting after paragraph (1) the fol10 lowing new paragraph (2): 

11 ‘‘(2) The Secretary concerned may provide round trip 

12 travel and transportation allowances to eligible relatives of 

13 a member of the uniformed services who dies while on active 

14 duty in order that the eligible relatives may attend a memo15 rial service for the deceased member that occurs at a loca16 tion other than the location of the burial ceremony for which 

17 travel and transportation allowances are provided under 

18 paragraph (1). Travel and transportation allowances may 

19 be provided under this paragraph for travel of eligible rel20 atives to only one memorial service for the deceased member 

21 concerned.’’. 

22 (b) CONFORMING AMENDMENTS.—Subsection (c) of 

23 such section is amended— 

24 (1) by striking ‘‘subsection (a)(1)’’ the first place 

25 it appears and inserting ‘‘paragraphs (1) and (2) of 

26 subsection (a)’’; and 
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1 (2) by striking ‘‘subsection (a)(1)’’ the second 

2 place it appears and inserting ‘‘paragraph (1) or (2) 

3 of subsection (a)’’. 

4 Subtitle D—Other Matters 

5 SEC. 651. AUTHORITY TO CONTINUE PROVISION OF INCEN6 TIVES AFTER TERMINATION OF TEMPORARY 

7 ARMY AUTHORITY TO PROVIDE ADDITIONAL 

8 RECRUITMENT INCENTIVES. 

9 Subsection (i) of section 681 of the National Defense 

10 Authorization Act for Fiscal Year 2006 (Public Law 109– 

11 163; 119 Stat. 3321) is amended to read as follows: 

12 ‘‘(i) TERMINATION OF AUTHORITY.— 

13 ‘‘(1) IN GENERAL.—The Secretary may not de14 velop an incentive under this section, or first provide 

15 an incentive developed under this section to an indi16 vidual, after December 31, 2009. 

17 ‘‘(2) CONTINUATION OF INCENTIVES.—Nothing in 

18 paragraph (1) shall be construed to prohibit or limit 

19 the continuing provision to an individual after the 

20 date specified in that paragraph of an incentive first 

21 provided the individual under this section before that 

22 date.’’. 
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1 SEC. 652. REPEAL OF REQUIREMENT OF REDUCTION OF 

2 SBP SURVIVOR ANNUITIES BY DEPENDENCY 

3 AND INDEMNITY COMPENSATION. 

4 (a) REPEAL.— 

5 (1) IN GENERAL.—Subchapter II of chapter 73 of 

6 title 10, United States Code, is amended as follows: 

7 (A) In section 1450, by striking subsection 

8 (c). 

9 (B) In section 1451(c)— 

10 (i) by striking paragraph (2); and 

11 (ii) by redesignating paragraphs (3) 

12 and (4) as paragraphs (2) and (3), respec13 tively. 

14 (2) CONFORMING AMENDMENTS.—Such sub15 chapter is further amended as follows: 

16 (A) In section 1450— 

17 (i) by striking subsection (e); 

18 (ii) by striking subsection (k); and 

19 (iii) by striking subsection (m). 

20 (B) In section 1451(g)(1), by striking sub21 paragraph (C). 

22 (C) In section 1452— 

23 (i) in subsection (f)(2), by striking 

24 ‘‘does not apply—’’ and all that follows and 

25 inserting ‘‘does not apply in the case of a 
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1 deduction made through administrative 

2 error.’’; and 

3 (ii) by striking subsection (g). 

4 (D) In section 1455(c), by striking ‘‘, 

5 1450(k)(2),’’. 

6 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

7 benefits may be paid to any person for any period before 

8 the effective date provided under subsection (f) by reason 

9 of the amendments made by subsection (a). 

10 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

11 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPIENTS.— 

12 A surviving spouse who is or has been in receipt of an an13 nuity under the Survivor Benefit Plan under subchapter 

14 II of chapter 73 of title 10, United States Code, that is in 

15 effect before the effective date provided under subsection (f) 

16 and that is adjusted by reason of the amendments made 

17 by subsection (a) and who has received a refund of retired 

18 pay under section 1450(e) of title 10, United States Code, 

19 shall not be required to repay such refund to the United 

20 States. 

21 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

22 FOR DEPENDENT CHILDREN.—Section 1448(d) of such title 

23 is amended— 

24 (1) in paragraph (1), by striking ‘‘Except as 

25 provided in paragraph (2)(B), the Secretary con-
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1 cerned’’ and inserting ‘‘The Secretary concerned’’; 

2 and 

3 (2) in paragraph (2)— 

4 (A) by striking ‘‘DEPENDENT CHILDREN.— 

5 ’’ and all that follows through ‘‘In the case of a 

6 member described in paragraph (1),’’ and insert7 ing ‘‘DEPENDENT CHILDREN ANNUITY WHEN NO

8 ELIGIBLE SURVIVING SPOUSE.—In the case of a 

9 member described in paragraph (1),’’; and 

10 (B) by striking subparagraph (B). 

11 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

12 ELIGIBLE SPOUSES.—The Secretary of the military depart13 ment concerned shall restore annuity eligibility to any eli14 gible surviving spouse who, in consultation with the Sec15 retary, previously elected to transfer payment of such annu16 ity to a surviving child or children under the provisions 

17 of section 1448(d)(2)(B) of title 10, United States Code, as 

18 in effect on the day before the effective date provided under 

19 subsection (f). Such eligibility shall be restored whether or 

20 not payment to such child or children subsequently was ter21 minated due to loss of dependent status or death. For the 

22 purposes of this subsection, an eligible spouse includes a 

23 spouse who was previously eligible for payment of such an24 nuity and is not remarried, or remarried after having at-
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1 tained age 55, or whose second or subsequent marriage has 

2 been terminated by death, divorce or annulment. 

3 (f) EFFECTIVE DATE.—The sections and the amend4 ments made by this section shall take effect on the later of— 

5 (1) the first day of the first month that begins 

6 after the date of the enactment of this Act; or 

7 (2) the first day of the fiscal year that begins in 

8 the calendar year in which this Act is enacted. 

9 SEC. 653. SENSE OF CONGRESS ON AIRFARES FOR MEM10 BERS OF THE ARMED FORCES. 

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

12 (1) The Armed Forces is comprised of over 

13 1,450,000 active-duty members from every State and 

14 territory of the United States who are assigned to 

15 thousands of installations, stations, and ships world16 wide and who oftentimes must travel long distances 

17 by air at their own expense to enjoy the benefits of 

18 leave and liberty. 

19 (2) The United States is indebted to the members 

20 of the all volunteer Armed Forces and their families 

21 who protect our Nation, often experiencing long sepa22 rations due to the demands of military service and in 

23 life threatening circumstances. 

24 (3) Military service often precludes long range 

25 planning for leave and liberty to provide opportuni-
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1 ties for reunions and recreation with loved ones and 

2 requires changes in planning due to military neces3 sity which results in last minute changes in plan4 ning. 

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

6 that— 

7 (1) all United States commercial carriers should 

8 seek to lend their support with flexible, generous poli9 cies applicable to members of the Armed Forces who 

10 are traveling on leave or liberty at their own expense; 

11 and 

12 (2) each United States air carrier, for all mem13 bers of the Armed Forces who have been granted leave 

14 or liberty and who are traveling by air at their own 

15 expense, should— 

16 (A) seek to provide reduced air fares that 

17 are comparable to the lowest airfare for ticketed 

18 flights and that eliminate to the maximum ex19 tent possible advance purchase requirements; 

20 (B) seek to eliminate change fees or charges 

21 and any penalties for military personnel; 

22 (C) seek to eliminate or reduce baggage and 

23 excess weight fees; 

24 (D) offer flexible terms that allow members 

25 of the Armed Forces on active duty to purchase, 
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1 modify, or cancel tickets without time restric2 tions, and to waive fees (including baggage fees), 

3 ancillary costs, or penalties; and 

4 (E) seek to take proactive measures to en5 sure that all airline employees, particularly 

6 those who issue tickets and respond to members 

7 of the Armed Forces and their family members 

8 are trained in the policies of the airline aimed 

9 at benefitting members of the Armed Forces who 

10 are on leave. 

11 SEC. 654. CONTINUATION ON ACTIVE DUTY OF RESERVE 

12 COMPONENT MEMBERS DURING PHYSICAL 

13 DISABILITY EVALUATION FOLLOWING MOBI14 LIZATION AND DEPLOYMENT. 

15 Section 1218 of title 10, United States Code, is amend16 ed by adding at the end the following new subsection: 

17 ‘‘(d)(1) The Secretary of a military department shall 

18 ensure that each member of a reserve component under the 

19 jurisdiction of the Secretary who is determined, after a mo20 bilization and deployment to an area in which imminent 

21 danger pay is authorized under section 310 of title 37, to 

22 require evaluation for a physical or mental disability which 

23 could result in separation or retirement for disability under 

24 this chapter or placement on the temporary disability re25 tired list or inactive status list under this chapter is re-
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1 tained on active duty during the disability evaluation proc2 ess until such time as such member is— 

3 ‘‘(A) cleared by appropriate authorities for con4 tinuation on active duty; or 

5 ‘‘(B) separated, retired, or placed on the tem6 porary disability retired list or inactive status list. 

7 ‘‘(2)(A) A member described in paragraph (1) may re8 quest termination of active duty under such paragraph at 

9 any time during the demobilization or disability evaluation 

10 process of such member. 

11 ‘‘(B) Upon a request under subparagraph (A), a mem12 ber described in paragraph (1) shall only be released from 

13 active duty after the member receives counseling about the 

14 consequences of termination of active duty. 

15 ‘‘(C) Each release from active duty under subpara16 graph (B) shall be thoroughly documented. 

17 ‘‘(3) The requirements in paragraph (1) shall expire 

18 on the date that is five years after the date of the enactment 

19 of the National Defense Authorization Act for Fiscal Year 

20 2010.’’. 

21 SEC. 655. USE OF LOCAL RESIDENCES FOR COMMUNITY22 BASED CARE FOR CERTAIN RESERVE COMPO23 NENT MEMBERS. 

24 Section 1222 of title 10, United States Code, is amend25 ed by adding at the end the following new subsection: 
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1 ‘‘(d) USE OF LOCAL RESIDENCES FOR CERTAIN RE2 SERVE COMPONENT MEMBERS.—(1)(A) A member of a re3 serve component described by subparagraph (B) may be as4 signed to the community-based warrior transition unit lo5 cated nearest to the member’s permanent place of residence 

6 if residing at that location is— 

7 ‘‘(i) medically feasible, as determined by a li8 censed military health care provider; and 

9 ‘‘(ii) consistent with— 

10 ‘‘(I) the needs of the armed forces; and 

11 ‘‘(II) the optimal course of medical treat12 ment of the member. 

13 ‘‘(B) A member of a reserve component described by 

14 this subparagraph is any member remaining on active duty 

15 under section 1218(d) of this title during the period the 

16 member is on active duty under such subsection. 

17 ‘‘(2) Nothing in this subsection shall be construed as 

18 terminating, altering, or otherwise affecting the authority 

19 of the commander of a member described in paragraph 

20 (1)(B) to order the member to perform duties consistent 

21 with the member’s fitness for duty. 

22 ‘‘(3) The Secretary concerned shall pay any reasonable 

23 expenses of transportation, lodging, and meals incurred by 

24 a member residing at the member’s permanent place of resi25 dence under this subsection in connection with travel from 
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1 the member’s permanent place of residence to a medical fa2 cility during the period in which the member is covered 

3 by this subsection.’’. 

4 SEC. 656. ASSISTANCE WITH TRANSITIONAL BENEFITS. 

5 (a) IN GENERAL.—Chapter 61 of title 10, United 

6 States Code, is amended by inserting after section 1218 the 

7 following new section: 

8 ‘‘§ 1218a. Discharge or release from active duty: tran9 sition assistance 

10 ‘‘The Secretary of a military department shall provide 

11 to a member of a reserve component under the jurisdiction 

12 of the Secretary who is injured while on active duty in the 

13 armed forces the following before such member is demobi14 lized or separated from the armed forces: 

15 ‘‘(1) Information on the availability of care and 

16 administrative processing through community based 

17 warrior transition units. 

18 ‘‘(2) The location of the community based war19 rior transition unit located nearest to the member’s 

20 permanent place of residence. 

21 ‘‘(3) An opportunity to consult with a member 

22 of the applicable judge advocate general’s corps, or 

23 other qualified legal assistance attorney, regarding the 

24 member’s eligibility for compensation, disability, or 

25 other transitional benefits.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of chapter 61 of such title is amended by in3 serting after the item relating to section 1218 the following 

4 new item: 

‘‘1218a. Discharge or release from active duty: transition assistance.’’. 

5 SEC. 657. REPORT ON RECRUITMENT AND RETENTION OF 

6 MEMBERS OF THE AIR FORCE IN NUCLEAR 

7 CAREER FIELDS. 

8 (a) REPORT REQUIRED.—Not later than 180 days 

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

10 of the Air Force shall submit to the congressional defense 

11 committees a report on the efforts of the Air Force to attract 

12 and retain qualified individuals for service as members of 

13 the Air Force involved in the operation, maintenance, han14 dling, and security of nuclear weapons. 

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

16 shall include the following: 

17 (1) A description of current reenlistment rates, 

18 set forth by Air Force Specialty Code, of members of 

19 the Air Force serving in positions involving the oper20 ation, maintenance, handling, and security of nuclear 

21 weapons. 

22 (2) A description of the current personnel fill 

23 rate for Air Force units involved in the operation, 

24 maintenance, handling, and security of nuclear weap25 ons. 
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1 (3) An description of the steps the Air Force has 

2 taken, including the use of retention bonuses or as3 signment incentive pay, to improve recruiting and re4 tention of officers and enlisted personnel by the Air 

5 Force for the positions described in paragraph (1). 

6 (4) An assessment of the feasibility, advisability, 

7 utility, and cost effectiveness of establishing addi8 tional bonuses or incentive pay as a way to enhance 

9 the recruitment and retention by the Air Force of 

10 skilled personnel in the positions described in para11 graph (1). 

12 (5) An assessment of whether assignment incen13 tive pay should be provided for members of the Air 

14 Force covered by the Personnel Reliability Program. 

15 (6) An assessment of the long-term community 

16 management plan for recruitment and retention by 

17 the Air Force of skilled personnel in the positions de18 scribed in paragraph (1). 

19 (7) Such other matters as the Secretary considers 

20 appropriate. 

21 SEC. 658. SENSE OF CONGRESS ON ESTABLISHMENT OF 

22 FLEXIBLE SPENDING ARRANGEMENTS FOR 

23 THE UNIFORMED SERVICES. 

24 (a) IN GENERAL.—It is the sense of Congress that, the 

25 Secretary of Defense, with respect to members of the Army, 
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1 Navy, Marine Corps, and Air Force, the Secretary of Home2 land Security, with respect to members of the Coast Guard, 

3 the Secretary of Health and Human Services, with respect 

4 to commissioned officers of the Public Health Service, and 

5 the Secretary of Commerce, with respect to commissioned 

6 officers of the National Oceanic and Atmospheric Adminis7 tration, should establish procedures to implement flexible 

8 spending arrangements with respect to basic pay and com9 pensation, for health care and dependent care on a pre-tax 

10 basis in accordance with regulations prescribed under sec11 tions 106(c) and 125 of the Internal Revenue Code of 1986. 

12 (b) CONSIDERATIONS.—It is the sense of Congress that, 

13 in establishing the procedures described by subsection (a), 

14 the Secretary of Defense, the Secretary of Homeland Secu15 rity, the Secretary of Health and Human Services, and the 

16 Secretary of Commerce should consider life events of mem17 bers of the uniformed services that are unique to them as 

18 members of the uniformed services, including changes relat19 ing to permanent changes of duty station and deployments 

20 to overseas contingency operations. 
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1 SEC. 659. TREATMENT AS ACTIVE SERVICE FOR RETIRED 

2 PAY PURPOSES OF SERVICE AS MEMBER OF 

3 ALASKA TERRITORIAL GUARD DURING 

4 WORLD WAR II. 

5 (a) IN GENERAL.—Service as a member of the Alaska 

6 Territorial Guard during World War II of any individual 

7 who was honorably discharged therefrom under section 8147 

8 of the Department of Defense Appropriations Act, 2001 

9 (Public Law 106–259; 114 Stat. 705) shall be treated as 

10 active service for purposes of the computation under chapter 

11 61, 71, 371, 571, 871, or 1223 of title 10, United States 

12 Code, as applicable, of the retired pay to which such indi13 vidual may be entitled under title 10, United States Code. 

14 (b) APPLICABILITY.—Subsection (a) shall apply with 

15 respect to amounts of retired pay payable under title 10, 

16 United States Code, for months beginning on or after the 

17 date of the enactment of this Act. No retired pay shall be 

18 paid to any individual by reason of subsection (a) for any 

19 period before that date. 

20 (c) WORLD WAR II DEFINED.—In this section, the 

21 term ‘‘World War II’’ has the meaning given that term in 

22 section 101(8) of title 38, United States Code. 
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1 SEC. 660. INCLUSION OF SERVICE AFTER SEPTEMBER 11, 

2 2001, IN DETERMINATION OF REDUCED ELIGI3 BILITY AGE FOR RECEIPT OF NON-REGULAR 

4 SERVICE RETIRED PAY. 

5 Section 12731(f)(2)(A) of title 10, United States Code, 

6 is amended— 

7 (1) by striking ‘‘the date of the enactment of the 

8 National Defense Authorization Act for Fiscal Year 

9 2008’’ and inserting ‘‘September 11, 2001’’; and 

10 (2) by striking ‘‘in any fiscal year after such 

11 date’’ and inserting ‘‘in any fiscal year after fiscal 

12 year 2001’’. 

13 TITLE VII—HEALTH CARE 

14 PROVISIONS 

15 Subtitle A—TRICARE Program 

16 SEC. 701. TRICARE STANDARD COVERAGE FOR CERTAIN 

17 MEMBERS OF THE RETIRED RESERVE, AND 

18 FAMILY MEMBERS, WHO ARE QUALIFIED FOR 

19 A NON-REGULAR RETIREMENT BUT ARE NOT 

20 YET AGE 60. 

21 (a) IN GENERAL.—Chapter 55 of title 10, United 

22 States Code, is amended by inserting after section 1076d 

23 the following new section: 
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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, but is not 

9 age 60, is eligible for health benefits under TRICARE 

10 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 COVERAGE.—Eligibility for TRICARE 

16 Standard coverage of a member under this section shall ter17 minate upon the member becoming eligible for TRICARE 

18 coverage at age 60 under section 1086 of this title. 

19 ‘‘(c) FAMILY MEMBERS.—While a member of a reserve 

20 component is covered by TRICARE Standard under the sec21 tion, the members of the immediate family of such member 

22 are eligible for TRICARE Standard coverage as dependents 

23 of the member. If a member of a reserve component dies 

24 while in a period of coverage under this section, the eligi25 bility of the members of the immediate family of such mem26 ber for TRICARE Standard coverage under this section 
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1 shall continue for the same period of time that would be 

2 provided under section 1086 of this title if the member had 

3 been eligible at the time of death for TRICARE Standard 

4 coverage under such section (instead of under this section). 

5 ‘‘(d) PREMIUMS.—(1) A member of a reserve compo6 nent covered by TRICARE Standard under this section 

7 shall pay a premium for that coverage. 

8 ‘‘(2) The Secretary of Defense shall prescribe for the 

9 purposes of this section one premium for TRICARE Stand10 ard coverage of members without dependents and one pre11 mium for TRICARE Standard coverage of members with 

12 dependents referred to in subsection (f)(1). The premium 

13 prescribed for a coverage shall apply uniformly to all cov14 ered members of the reserve components covered under this 

15 section. 

16 ‘‘(3)(A) The monthly amount of the premium in effect 

17 for a month for TRICARE Standard coverage under this 

18 section shall be the amount equal to the cost of coverage 

19 that the Secretary determines on an appropriate actuarial 

20 basis. 

21 ‘‘(B) The appropriate actuarial basis for purposes of 

22 subparagraph (A) shall be determined in the manner speci23 fied in section 1076d(d)(3)(B) of this title with respect to 

24 the cost of coverage applicable under subparagraph (A). 
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1 ‘‘(4) The Secretary shall prescribe the requirements 

2 and procedures applicable to the payment of premiums 

3 under this subsection. 

4 ‘‘(5) Amounts collected as premiums under this sub5 section shall be credited to the appropriation available for 

6 the Defense Health Program Account under section 1100 

7 of this title, shall be merged with sums in such Account 

8 that are available for the fiscal year in which collected, and 

9 shall be available under subsection (b) of such section for 

10 such fiscal year. 

11 ‘‘(e) REGULATIONS.—The Secretary of Defense, in con12 sultation with the other administering Secretaries, shall 

13 prescribe regulations for the administration of this section. 

14 ‘‘(f) DEFINITIONS.—In this section: 

15 ‘‘(1) The term ‘immediate family’, with respect 

16 to a member of a reserve component, means all of the 

17 member’s dependents described in subparagraphs (A), 

18 (D), and (I) of section 1072(2) of this title. 

19 ‘‘(2) The term ‘TRICARE Standard’ means— 

20 ‘‘(A) medical care to which a dependent de21 scribed in section 1076(a)(2) of this title is enti22 tled; and 

23 ‘‘(B) health benefits contracted for under the 

24 authority of section 1079(a) of this title and sub-
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1 ject to the same rates and conditions as apply to 

2 persons covered under that section.’’. 

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

4 the beginning of chapter 55 of such title is amended by in5 serting after the item relating to section 1076d the following 

6 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.’’. 

7 (c) EFFECTIVE DATE.—Section 1076e of title 10, 

8 United States Code, as inserted by subsection (a), shall 

9 apply to coverage for months beginning on or after October 

10 1, 2009, or such earlier date as the Secretary of Defense 

11 may specify. 

12 SEC. 702. EXPANSION OF ELIGIBILITY OF SURVIVORS 

13 UNDER THE TRICARE DENTAL PROGRAM. 

14 Section 1076a(k)(3) of title 10, United States Code, is 

15 amended by inserting before the period at the end the fol16 lowing: ‘‘, except that, in the case of a dependent described 

17 by subparagraph (D) or (I) of section 1072(2) of this title, 

18 the period of continuing eligibility shall be the longer of 

19 the following periods beginning on such date: 

20 ‘‘(A) Three years. 

21 ‘‘(B) The period ending on the date on which the 

22 dependent attains 21 years of age. 

23 ‘‘(C) In the case of a dependent who, at 21 years 

24 of age, is enrolled in a full-time course of study at an 
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1 institution of higher learning approved by the admin2 istering Secretary and is, or was, at the time of the 

3 member’s death, in fact dependent on the member for 

4 over one-half of the dependent’s support, the period 

5 ending on the earlier of the following dates: 

6 ‘‘(i) The date on which the dependent ceases 

7 to pursue such a course of study, as determined 

8 by the administering Secretary. 

9 ‘‘(ii) The date on which the dependent at10 tains 23 years of age’’. 

11 SEC. 703. CONSTRUCTIVE ELIGIBILITY FOR TRICARE BENE12 FITS OF CERTAIN PERSONS OTHERWISE IN13 ELIGIBLE UNDER RETROACTIVE DETERMINA14 TION OF ENTITLEMENT TO MEDICARE PART A 

15 HOSPITAL INSURANCE BENEFITS. 

16 Section 1086(d) of title 10, United States Code, is 

17 amended— 

18 (1) by redesignating paragraph (4) as para19 graph (5); and 

20 (2) by inserting after paragraph (3) the fol21 lowing new paragraph (4): 

22 ‘‘(4)(A) If a person referred to in subsection (c) and 

23 described by paragraph (2)(B) is subject to a retroactive 

24 determination by the Social Security Administration of en25 titlement to hospital insurance benefits described in para-
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1 graph (1), the person shall, during the period described in 

2 subparagraph (B), be deemed for purposes of health benefits 

3 under this section— 

4 ‘‘(i) not to have been covered by paragraph (1); 

5 and 

6 ‘‘(ii) not to have been subject to the requirements 

7 of section 1079(j)(1) of this title, whether through the 

8 operation of such section or subsection (g) of this sec9 tion. 

10 ‘‘(B) The period described in this subparagraph with 

11 respect to a person covered by subparagraph (A) is the pe12 riod that— 

13 ‘‘(i) begins on the date that eligibility of the per14 son for hospital insurance benefits referred to in 

15 paragraph (1) is effective under the retroactive deter16 mination of eligibility with respect to the person as 

17 described in subparagraph (A); and 

18 ‘‘(ii) ends on the date of the issuance of such ret19 roactive determination of eligibility by the Social Se20 curity Administration.’’. 

21 SEC. 704. REFORM AND IMPROVEMENT OF THE TRICARE 

22 PROGRAM. 

23 (a) IN GENERAL.—Commencing not later than 30 

24 days after the date of the enactment of this Act, the Sec25 retary of Defense shall, in consultation with the other ad-
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1 ministering Secretaries, undertake actions to reform and 

2 improve the TRICARE program. 

3 (b) ELEMENTS.—In undertaking actions to reform and 

4 improve the TRICARE program under subsection (a), the 

5 Secretary shall consider actions as follows: 

6 (1) Actions to guarantee the availability of care 

7 without delay for eligible beneficiaries. 

8 (2) Actions to expand and enhance sharing of 

9 health care resources among Federal health care pro10 grams, including designated providers (as that term 

11 is defined in section 721(5) of the National Defense 

12 Authorization Act for Fiscal Year 1997 (10 U.S.C. 

13 1073 note)). 

14 (3) Actions utilizing medical technology to speed 

15 and simplify referrals for specialty care. 

16 (4) Actions, including a comprehensive plan, for 

17 the enhanced availability of prevention and wellness 

18 care. 

19 (5) Actions to expand and enhance options for 

20 mental health care. 

21 (6) Actions utilizing technology to improve direct 

22 communication with beneficiaries regarding health 

23 and preventive care. 

24 (7) Actions regarding additional financing op25 tions for health care provided by civilian providers. 
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1 (8) Actions to improve regional or national staff2 ing capabilities in order to enhance support provided 

3 to military medical treatment facilities facing staff 

4 shortages. 

5 (9) Actions to reduce administrative costs. 

6 (10) Actions to control the cost of health care 

7 and pharmaceuticals. 

8 (11) Actions to ensure consistency throughout the 

9 TRICARE program, including actions to hold com10 manders of military medical treatment facilities and 

11 civilian providers accountable for compliance with ac12 cess standards. 

13 (12) Actions to create performance metrics by 

14 which to measure improvement in the TRICARE pro15 gram. 

16 (13) Such other actions as the Secretary, in con17 sultation with the other administering Secretaries, 

18 considers appropriate. 

19 (c) CONSULTATION.—In considering actions to be un20 dertaken under this section, and in undertaking such ac21 tions, the Secretary shall consult with a broad range of na22 tional health care and military advocacy organizations. 

23 (d) REPORTS.— 

24 (1) IN GENERAL.—The Secretary shall, on a 

25 periodic basis, submit to the congressional defense 
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1 committees a report on the progress being made in the 

2 reform and improvement of the TRICARE program 

3 under this section. 

4 (2) ELEMENTS.—Each report under this sub5 section shall include the following: 

6 (A) A description and assessment of the 

7 progress made as of the date of such report in the 

8 reform and improvement of the TRICARE pro9 gram. 

10 (B) Such recommendations for administra11 tive or legislative action as the Secretary con12 siders appropriate to expedite and enhance the 

13 reform and improvement of the TRICARE pro14 gram. 

15 (e) DEFINITIONS.—In this section: 

16 (1) The term ‘‘administering Secretaries’’ has the 

17 meaning given that term in section 1072(3) of title 

18 10, United States Code. 

19 (2) The term ‘‘TRICARE program’’ has the 

20 meaning given that term in section 1072(7) of title 

21 10, United States Code. 
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1 SEC. 705. COMPTROLLER GENERAL OF THE UNITED STATES 

2 REPORT ON IMPLEMENTATION OF REQUIRE3 MENTS ON THE RELATIONSHIP BETWEEN 

4 THE TRICARE PROGRAM AND EMPLOYER5 SPONSORED GROUP HEALTH PLANS. 

6 (a) REPORT REQUIRED.—Not later than March 31, 

7 2010, the Comptroller General of the United States shall 

8 submit to the Committees on Armed Services of the Senate 

9 and the House of Representatives a report on the implemen10 tation of the requirements of section 1097c of title 10, 

11 United States Code, relating to the relationship between the 

12 TRICARE program and employer-sponsored group health 

13 plans. 

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

15 shall include the following: 

16 (1) A description of the extent to which the De17 partment of Defense has established measures to assess 

18 the effectiveness of section 1097c of title 10, United 

19 States Code, in reducing health care costs to the De20 partment for military retirees and their families, and 

21 an assessment of the effectiveness of any measures so 

22 established. 

23 (2) An assessment of the extent to which the im24 plementation of such section 1097c has resulted in the 

25 migration of military retirees from coverage under the 

26 TRICARE Standard option of the TRICARE pro-
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1 gram to coverage under the TRICARE Prime option 

2 of the TRICARE program. 

3 (3) A description of the exceptions adopted under 

4 subsection (a)(2) of such section 1097c to the require5 ments under such section 1097c, and an assessment of 

6 the effect of the exercise of any exceptions adopted on 

7 the administration of such section 1097c. 

8 (4) An assessment of the extent to which the De9 partment collects and assembles data on the treatment 

10 of employees eligible for participation in the 

11 TRICARE program in comparison with similar em12 ployees who are not eligible for participation in that 

13 program. 

14 (5) A description of the outreach conducted by 

15 the Department to inform individuals eligible for par16 ticipation in the TRICARE program and employers 

17 of their respective rights and responsibilities under 

18 such section 1097c, and an assessment of the effective19 ness of any outreach so conducted. 

20 (6) Such other matters with respect to the ad21 ministration and effectiveness of the authorities in 

22 such section 1097c as the Comptroller General con23 siders appropriate. 
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1 SEC. 706. SENSE OF THE SENATE ON HEALTH CARE BENE2 FITS AND COSTS FOR MEMBERS OF THE 

3 ARMED FORCES AND THEIR FAMILIES. 

4 (a) FINDINGS.—The Senate makes the following find5 ings: 

6 (1) Career members of the Armed Forces and 

7 their families endure unique and extraordinary de8 mands, and make extraordinary sacrifices, over the 

9 course of 20-year to 30-year careers in protecting free10 dom for all Americans. 

11 (2) The nature and extent of these demands and 

12 sacrifices are never so evident as in wartime, not only 

13 during the current combat operations, but also during 

14 the wars of the last 60 years when current retired 

15 members of the Armed Forces were on continuous call 

16 to go in harm’s way when and as needed. 

17 (3) A primary benefit of enduring the extraor18 dinary sacrifices inherent in a military career is a 

19 range of retirement benefits, including lifetime health 

20 benefits, that a grateful Nation provides for those who 

21 choose to subordinate their personal life to the na22 tional interest for so many years. 

23 (4) Currently serving and retired members of the 

24 uniformed services and their families and survivors 

25 deserve benefits equal to their commitment and service 

26 to our Nation. 
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1 (5) Many employers are curtailing health bene2 fits and shifting costs to their employees, which may 

3 result in retired members of the Armed Forces return4 ing to the Department of Defense, and its TRICARE 

5 program, for health care benefits during retirement, 

6 and contribute to health care cost growth. 

7 (6) Defense health costs also expand as a result 

8 of service-unique military readiness requirements, 

9 wartime requirements, and other necessary require10 ments that represent the ‘‘cost of business’’ for the De11 partment of Defense. 

12 (7) While the Department of Defense has made 

13 some efforts to contain increases in the cost of the 

14 TRICARE program, too many of those efforts have 

15 been devoted to shifting a larger share of the costs of 

16 benefits under that program to retired members of the 

17 Armed Forces who have earned health care benefits in 

18 return for a career of military service. 

19 (8) In some cases health care providers refuse to 

20 accept TRICARE patients because that program pays 

21 less than other public and private payors and imposes 

22 unique administrative requirements. 

23 (9) The Department of Defense records deposits 

24 to the Department of Defense Military Retiree Health 

25 Care Fund as discretionary costs to the Department 
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1 in spite of legislation enacted in 2006 that requires 

2 such deposits to be made directly from the Treasury 

3 of the United States. 

4 (10) As a result, annual payments for the future 

5 costs of servicemember health care continue to compete 

6 with other readiness needs of the Armed Forces. 

7 (b) SENSE OF SENATE.—It is the sense of the Senate 

8 that— 

9 (1) the Department of Defense and the Nation 

10 have an obligation to provide health care benefits to 

11 retired members of the Armed Forces that equals the 

12 quality of their selfless service to our country; 

13 (2) past proposals by the Department of Defense 

14 to impose substantial fee increases on military bene15 ficiaries have failed to acknowledge properly the find16 ings addressed in subsection (a); and 

17 (3) the Department of Defense has many addi18 tional options to constrain the growth of health care 

19 spending in ways that do not disadvantage retired 

20 members of the Armed Forces who participate or seek 

21 to participate in the TRICARE program, and should 

22 pursue any and all such options rather than seeking 

23 large increases for enrollment fees, deductibles, and 

24 copayments for such retirees, and their families or 

25 survivors, who do participate in that program. 
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1 SEC. 707. NOTIFICATION OF CERTAIN INDIVIDUALS RE2 GARDING OPTIONS FOR ENROLLMENT UNDER 

3 MEDICARE PART B. 

4 Chapter 55 of title 10, United States Code, is amended 

5 by adding at the end the following new section: 

6 ‘‘SEC. 1111. NOTIFICATION OF CERTAIN INDIVIDUALS RE7 GARDING OPTIONS FOR ENROLLMENT UNDER 

8 MEDICARE PART B. 

9 ‘‘(a) IN GENERAL.—The Secretary of Defense shall es10 tablish procedures for identifying individuals described in 

11 subsection (b). The Secretary of Defense shall immediately 

12 notify individuals identified under the preceding sentence 

13 that they are no longer eligible for health care benefits under 

14 the TRICARE program under chapter 55 of title 10, United 

15 States Code, and of any options available for enrollment 

16 of the individual under part B of title XVIII of the Social 

17 Security Act (42 U.S.C. 1395j et seq.). The Secretary of De18 fense shall consult with the Secretary of Health and Human 

19 Services to accurately identify and notify individuals de20 scribed in subsection (b) under this subsection. 

21 ‘‘(b) INDIVIDUALS DESCRIBED.—An individual de22 scribed in this subsection is an individual who is a covered 

23 beneficiary (as defined in section 1072(5) of title 10, United 

24 States Code) at the time the individual is entitled to part 

25 A of title XVIII of the Social Security Act under section 

26 226(b) or section 226A of such Act (42 U.S.C. 426(b) and 
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1 426–1) and who is eligible to enroll but who has elected 

2 not to enroll (or to be deemed enrolled) during the individ3 ual’s initial enrollment period under part B of such title.’’. 

4 Subtitle B—Other Health Care 

5 Benefits 

6 SEC. 711. MENTAL HEALTH ASSESSMENTS FOR MEMBERS 

7 OF THE ARMED FORCES DEPLOYED IN CON8 NECTION WITH A CONTINGENCY OPERATION. 

9 (a) MENTAL HEALTH ASSESSMENTS.— 

10 (1) IN GENERAL.—Not later than 180 days after 

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

12 Defense shall issue guidance for the provision of a 

13 person-to-person mental health assessment for each 

14 member of the Armed Forces who is deployed in con15 nection with a contingency operation as follows: 

16 (A) At a time during the period beginning 

17 60 days before the date of deployment in connec18 tion with the contingency operation. 

19 (B) At a time during the period beginning 

20 90 days after the date of redeployment from the 

21 contingency operation and ending 180 days after 

22 the date of redeployment from the contingency 

23 operation. 
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1 (C) Subject to subsection (d), not later than 

2 each of 6 months, 12 months, and 24 months 

3 after return from deployment. 

4 (2) EXCLUSION OF CERTAIN MEMBERS.—A men5 tal health assessment is not required for a member of 

6 the Armed Forces under subparagraphs (B) and (C) 

7 of paragraph (1) if the Secretary determines that the 

8 member was not subjected or exposed to operational 

9 risk factors during deployment in the contingency op10 eration concerned. 

11 (b) PURPOSE.—The purpose of the mental health as12 sessments provided pursuant to this section shall be to iden13 tify Post Traumatic Stress Disorder (PTSD), suicidal ten14 dencies, and other behavioral health issues identified among 

15 members of the Armed Forces described in subsection (a) 

16 in order to determine which such members are in need of 

17 additional care and treatment for such health issues. 

18 (c) ELEMENTS.— 

19 (1) IN GENERAL.—The mental health assessments 

20 provided pursuant to this section shall— 

21 (A) be performed by personnel trained and 

22 certified to perform such assessments and may be 

23 performed by licensed mental health professionals 

24 if such professionals are available and the use of 

25 such professionals for the assessments would not 
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1 impair the capacity of such professionals to per2 form higher priority tasks; 

3 (B) include a person-to-person dialogue be4 tween members of the Armed Forces described in 

5 subsection (a) and the professionals or personnel 

6 described by paragraph (1), as applicable, on 

7 such matters as the Secretary shall specify in 

8 order that the assessments achieve the purpose 

9 specified in subsection (b) for such assessments; 

10 (C) be conducted in a private setting to fos11 ter trust and openness in discussing sensitive 

12 health concerns; and 

13 (D) be provided in a consistent manner 

14 across the military departments. 

15 (2) TREATMENT OF CURRENT ASSESSMENTS.— 

16 The Secretary may treat periodic health assessments 

17 and other person-to-person assessments that are pro18 vided to members of the Armed Forces as of the date 

19 of the enactment of this Act as meeting the require20 ments for mental health assessments required under 

21 this section if the Secretary determines that such as22 sessments and person-to-person assessments meet the 

23 requirements for mental health assessments established 

24 by this section. 
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1 (d) CESSATION OF ASSESSMENTS.—No mental health 

2 assessment is required to be provided to an individual 

3 under subsection (a)(1)(C) after the individual’s discharge 

4 or release from the Armed Forces. 

5 (e) SHARING OF INFORMATION.— 

6 (1) IN GENERAL.—The Secretary of Defense shall 

7 share with the Secretary of Veterans Affairs such in8 formation on members of the Armed Forces that is de9 rived from confidential mental health assessments, in10 cluding mental health assessments provided pursuant 

11 to this section and health assessments and other per12 son-to-person assessments provided before the date of 

13 the enactment of this Act, as the Secretary of Defense 

14 and the Secretary of Veterans Affairs jointly consider 

15 appropriate to ensure continuity of mental health 

16 care and treatment of members of the Armed Forces 

17 during their transition from health care and treat18 ment provided by the Department of Defense to health 

19 care and treatment provided by the Department of 

20 Veterans Affairs. 

21 (2) PROTOCOLS.—Any sharing of information 

22 under paragraph (1) shall occur pursuant to a pro23 tocol jointly established by the Secretary of Defense 

24 and the Secretary of Veterans Affairs for purposes of 
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1 this subsection. Any such protocol shall be consistent 

2 with the following: 

3 (A) Applicable provisions of the Wounded 

4 Warrior Act (title XVI of Public Law 110–181; 

5 10 U.S.C. 1071 note), including in particular, 

6 section 1614 of that Act (122 Stat. 443; 10 

7 U.S.C. 1071 note). 

8 (B) Section 1720F of title 38, United States 

9 Code. 

10 (f) CONTINGENCY OPERATION DEFINED.—In this sec11 tion, the term ‘‘contingency operation’’ has the meaning 

12 given that term in section 101(a)(13) of title 10, United 

13 States Code. 

14 (g) REPORTS.— 

15 (1) REPORT ON GUIDANCE.—Upon the issuance 

16 of the guidance required by subsection (a), the Sec17 retary of Defense shall submit to Congress a report 

18 describing the guidance. 

19 (2) REPORTS ON IMPLEMENTATION OF GUID20 ANCE.— 

21 (A) INITIAL REPORT.—Not later than 270 

22 days after the date of the issuance of the guid23 ance, the Secretary shall submit to Congress an 

24 initial report on the implementation of the guid25 ance by the military departments. 
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1 (B) SUBSEQUENT REPORT.—Not later than 

2 two years after the date of the issuance of the 

3 guidance, the Secretary shall submit to Congress 

4 a report on the implementation of the guidance 

5 by the military departments. The report shall in6 clude an evidence based assessment of the effec7 tiveness of the mental health assessments pro8 vided pursuant to the guidance in achieving the 

9 purpose specified in subsection (b) for such as10 sessments. 

11 SEC. 712. ENHANCEMENT OF TRANSITIONAL DENTAL CARE 

12 FOR MEMBERS OF THE RESERVE COMPO13 NENTS ON ACTIVE DUTY FOR MORE THAN 30 

14 DAYS IN SUPPORT OF A CONTINGENCY OPER15 ATION. 

16 Section 1145(a) of title 10, United States Code, is 

17 amended— 

18 (1) in paragraph (1)— 

19 (A) in the matter preceding subparagraph 

20 (A), by striking ‘‘paragraph (3)’’ and inserting 

21 ‘‘paragraph (4)’’; and 

22 (B) in subparagraph (A), by inserting ‘‘ex23 cept as provided in paragraph (3),’’ before ‘‘med24 ical and dental care’’; 
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1 (2) by redesignating paragraphs (3), (4), (5), 

2 and (6) as paragraphs (4), (5), (6), and (7), respec3 tively; 

4 (3) by inserting after paragraph (2) the fol5 lowing new paragraph (3): 

6 ‘‘(3) In the case of a member described in paragraph 

7 (2)(B), the dental care to which the member is entitled 

8 under this subsection shall be the dental care to which a 

9 member of the uniformed services on active duty for more 

10 than 30 days is entitled under section 1074 of this title.’’; 

11 and 

12 (4) in subparagraph (A) of paragraph (6), as re13 designated by paragraph (2) of this section, by strik14 ing ‘‘paragraph (4)’’ and inserting ‘‘paragraph (5)’’. 

15 SEC. 713. REDUCTION OF MINIMUM DISTANCE OF TRAVEL 

16 FOR REIMBURSEMENT OF COVERED BENE17 FICIARIES OF THE MILITARY HEALTH CARE 

18 SYSTEM FOR TRAVEL FOR SPECIALTY 

19 HEALTH CARE. 

20 (a) REDUCTION.—Section 1074i(a) of title 10, United 

21 States Code, is amended by striking ‘‘100 miles’’ and insert22 ing ‘‘50 miles’’. 

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall take effect on the date that is 90 days after 

25 the date of the enactment of this Act, and shall apply with 
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1 respect to referrals for specialty health care made on or after 

2 such effective date. 

3 (c) OFFSET.—The amount authorized to be appro4 priated by section 301(a)(5) for operation and maintenance 

5 for Defense-wide activities is hereby decreased by 

6 $14,000,000, with the amount of the decrease to be derived 

7 from unobligated balances. 

8 SEC. 714. REPORT ON POST-DEPLOYMENT HEALTH ASSESS9 MENTS OF GUARD AND RESERVE MEMBERS. 

10 (a) REPORT REQUIRED.—Not later than March 1, 

11 2010, the Secretary of Defense shall submit to the congres12 sional defense committees a report on post-deployment 

13 health assessments of Guard and Reserve members. 

14 (b) ELEMENTS.—The report required under subsection 

15 (a) shall include the following: 

16 (1) An assessment of the feasibility of admin17 istering a Post-Deployment Health Assessment 

18 (PDHA) to each member of a reserve component of 

19 the Armed Forces returning to the member’s home sta20 tion from deployment in connection with a contin21 gency operation at such home station or in the county 

22 of residence of the member within the following time23 frames: 

24 (A) In the case of a member of the Indi25 vidual Ready Reserve, an assessment adminis-
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1 tered by not later than the member’s release from 

2 active duty following such deployment or 10 

3 days after the member’s return to such station or 

4 county, whichever occurs earlier. 

5 (B) In the case of any other member of a 

6 reserve component of the Armed Forces returning 

7 from deployment, by not later than the member’s 

8 release from active duty following such deploy9 ment. 

10 (2) An assessment of the feasibility of requiring 

11 that Post-Deployment Health Assessments described 

12 under paragraph (1) be performed by a practitioner 

13 trained and certified as qualified to participate in the 

14 performance of Post-Deployment Health Assessments 

15 or Post-Deployment Health Reassessments. 

16 (3) A description of— 

17 (A) the availability of personnel described 

18 under paragraph (2) to perform assessments de19 scribed under this subsection at the home sta20 tions or counties of residence of members of the 

21 reserve components of the Armed Forces; and 

22 (B) if such personnel are not available at 

23 such locations, the additional resources necessary 

24 to ensure such availability within one year after 

25 the date of the enactment of this Act. 
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1 Subtitle C—Health Care 

2 Administration 

3 SEC. 721. COMPREHENSIVE POLICY ON PAIN MANAGEMENT 

4 BY THE MILITARY HEALTH CARE SYSTEM. 

5 (a) COMPREHENSIVE POLICY REQUIRED.—Not later 

6 than October 1, 2010, the Secretary of Defense shall develop 

7 and implement a comprehensive policy on pain manage8 ment by the military health care system. 

9 (b) SCOPE OF POLICY.—The policy required by sub10 section (a) shall cover each of the following: 

11 (1) The management of acute and chronic pain. 

12 (2) The standard of care for pain management 

13 to be used throughout the Department. 

14 (3) The consistent application of pain assess15 ments throughout the Department. 

16 (4) The assurance of prompt and appropriate 

17 pain care treatment and management by the Depart18 ment when medically necessary. 

19 (5) Programs of research related to acute and 

20 chronic pain, including pain attributable to central 

21 and peripheral nervous system damage characteristic 

22 of injuries incurred in modern warfare, brain inju23 ries, and chronic migraine headache. 

24 (6) Programs of pain care education and train25 ing for health care personnel of the Department. 
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1 (7) Programs of patient education for members 

2 suffering from acute or chronic pain and their fami3 lies. 

4 (c) UPDATES.—The Secretary shall revise the policy 

5 required by subsection (a) on a periodic basis in accordance 

6 with experience and evolving best practice guidelines. 

7 (d) ANNUAL REPORT.— 

8 (1) IN GENERAL.—Not later than 180 days after 

9 the date of the commencement of the implementation 

10 of the policy required by subsection (a), and on Octo11 ber 1 each year thereafter through 2018, the Secretary 

12 shall submit to the Committee on Armed Services of 

13 the Senate and the Committee on Armed Services of 

14 the House of Representatives a report on the policy. 

15 (2) ELEMENTS.—Each report required by para16 graph (1) shall include the following: 

17 (A) A description of the policy implemented 

18 under subsection (a), and any revisions to such 

19 policy under subsection (c). 

20 (B) A description of the performance meas21 ures used to determine the effectiveness of the pol22 icy in improving pain care for beneficiaries en23 rolled in the military health care system. 

24 (C) An assessment of the adequacy of De25 partment pain management services based on a 
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1 current survey of patients managed in Depart2 ment clinics. 

3 (D) An assessment of the research projects of 

4 the Department relevant to the treatment of the 

5 types of acute and chronic pain suffered by 

6 members of the Armed Forces and their families. 

7 (E) An assessment of the training provided 

8 to Department health care personnel with respect 

9 to the diagnosis, treatment, and management of 

10 acute and chronic pain. 

11 (F) An assessment of the pain care edu12 cation programs of the Department. 

13 (G) An assessment of the dissemination of 

14 information on pain management to bene15 ficiaries enrolled in the military health care sys16 tem. 

17 SEC. 722. PLAN TO INCREASE THE BEHAVIORAL HEALTH 

18 CAPABILITIES OF THE DEPARTMENT OF DE19 FENSE. 

20 (a) PLAN REQUIRED.— 

21 (1) IN GENERAL.—The Secretary of Defense shall 

22 develop and implement a plan to significantly in23 crease the number of military and civilian behavioral 

24 health personnel of the Department of Defense by Sep25 tember 30, 2013. 
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1 (2) ELEMENTS.—The plan required by para2 graph (1) may include the following: 

3 (A) The allocation of scholarships and fi4 nancial assistance under the Health Professions 

5 Scholarship and Financial Assistance Program 

6 under subchapter I of chapter 105 of title 10, 

7 United States Code, to students pursuing ad8 vanced degrees in clinical psychology and other 

9 behavioral health professions. 

10 (B) The offering of accession and retention 

11 bonuses for psychologists as authorized by section 

12 620 of the Duncan Hunter National Defense Au13 thorization Act for Fiscal Year 2009 (Public 

14 Law 110–417; 122 Stat. 4489). 

15 (C) An expansion of the capacity for train16 ing doctoral-level clinical psychologists at the 

17 Uniformed Services University of the Health 

18 Sciences. 

19 (D) An expansion of the capacity of the De20 partment of Defense for training masters-level 

21 clinical psychologists and social workers with ex22 pertise in deployment-related mental health dis23 orders, such as post traumatic stress disorder. 

24 (E) The detail of commissioned officers of 

25 the Armed Forces to accredited schools of psy-
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1 chology for training leading to a doctoral degree 

2 in clinical psychology or social work. 

3 (F) The reassignment of military behavioral 

4 health providers from administrative positions to 

5 clinical positions in support of military units. 

6 (G) The offering of civilian hiring incen7 tives and bonuses and the utilization of direct 

8 hiring authority to increase the number of behav9 ioral health personnel of the Department of De10 fense. 

11 (H) Such other mechanisms to increase the 

12 number of behavioral health personnel of the De13 partment of Defense as the Secretary considers 

14 appropriate. 

15 (3) REPORT.—Not later than January 31, 2010, 

16 the Secretary shall submit to the congressional defense 

17 committees a report on the plan required by para18 graph (1). The report shall include a comprehensive 

19 description of the plan and the actions the Secretary 

20 proposes to undertake in the implementation of the 

21 plan. 

22 (b) REPORT ON ADDITIONAL OFFICER OR ENLISTED

23 MILITARY SPECIALTIES FOR BEHAVIORAL HEALTH COUN24 SELORS.— 
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1 (1) REPORT.—Not later than 120 days after the 

2 date of the enactment of this Act, the Secretary shall 

3 submit to the congressional defense committees a re4 port setting forth the assessment of the Secretary of 

5 the feasability and advisability of establishing one or 

6 more military specialities for officers or enlisted 

7 members of the Armed Forces as counselors with be8 havioral health expertise in order to better meet the 

9 mental health care needs of members of the Armed 

10 Forces and their families. 

11 (2) ELEMENTS.—The report required by para12 graph (1) shall set forth the following: 

13 (A) A recommendation as to the feasability 

14 and advisability of establishing one or more 

15 military specialities for officers or enlisted mem16 bers of the Armed Forces as counselors with be17 havioral health expertise. 

18 (B) For each military specialty rec19 ommended to be established under subparagraph 

20 (A)— 

21 (i) a description of the qualifications 

22 required for such speciality, which quali23 fications shall reflect lessons learned from 

24 best practices in academia and the civilian 
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1 health care industry regarding positions 

2 analogous to such specialty; and 

3 (ii) a description of the incentives or 

4 other mechanisms, if any, that would be ad5 visable to facilitate recruitment and reten6 tion of individuals to and in such specialty. 

7 SEC. 723. DEPARTMENT OF DEFENSE STUDY ON MANAGE8 MENT OF MEDICATIONS FOR PHYSICALLY 

9 AND PSYCHOLOGICALLY WOUNDED MEMBERS 

10 OF THE ARMED FORCES. 

11 (a) STUDY REQUIRED.—The Secretary of Defense shall 

12 conduct a study on the management of medications for 

13 physically and psychologically wounded members of the 

14 Armed Forces. 

15 (b) ELEMENTS.—The study required under subsection 

16 (a) shall include the following: 

17 (1) A review and assessment of current practices 

18 within the Department of Defense for the management 

19 of medications for physically and psychologically 

20 wounded members of the Armed Forces. 

21 (2) A review and analysis of the published lit22 erature on factors contributing to the risk of 

23 misadministration of medications, including acci24 dental and intentional overdoses, under and over 
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1 medication, and adverse interactions among medica2 tions. 

3 (3) An identification of the medical conditions, 

4 and of the patient management procedures of the De5 partment of Defense, that may increase the risks of 

6 misadministration of medications in populations of 

7 members of the Armed Forces. 

8 (4) An assessment of current and best practices 

9 in the Armed Forces, other departments and agencies 

10 of government, and the private sector concerning the 

11 prescription, distribution, and management of medi12 cations, and the associated coordination of care. 

13 (5) An identification of means for decreasing the 

14 risks of misadministration of medications and associ15 ated problems with respect to physically and psycho16 logically wounded members of the Armed Forces. 

17 (c) REPORT.—Not later than April 1, 2010, the Sec18 retary of Defense shall submit to the Committees on Armed 

19 Services of the Senate and the House of Representatives a 

20 report on the study required under subsection (a). The re21 port shall include such findings and recommendations as 

22 the Secretary considers appropriate in light of the study. 
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1 SEC. 724. PRESCRIPTION OF ANTIDEPRESSANTS FOR 

2 TROOPS SERVING IN IRAQ AND AFGHANI3 STAN. 

4 (a) REPORT.— 

5 (1) IN GENERAL.—Not later than June 30, 2010, 

6 and annually thereafter until June 30, 2015, the Sec7 retary of Defense shall submit to Congress a report on 

8 the prescription of antidepressants and drugs to treat 

9 anxiety for troops serving in Iraq and Afghanistan. 

10 (2) CONTENT.—The report required under para11 graph (1) shall include— 

12 (A) the numbers and percentages of troops 

13 that have served or are serving in Iraq and Af14 ghanistan since January 1, 2005, who have been 

15 prescribed antidepressants or drugs to treat anx16 iety, including psychotropic drugs such as Selec17 tive Serotonin Reuptake Inhibitors (SSRIs); and 

18 (B) the policies and patient management 

19 practices of the Department of Defense with re20 spect to the prescription of such drugs. 

21 (b) NATIONAL INSTITUTE OF MENTAL HEALTH

22 STUDY.— 

23 (1) STUDY.—The National Institute of Mental 

24 Health shall conduct a study on the potential rela25 tionship between the increased number of suicides and 

26 attempted suicides by members of the Armed Forces 
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1 and the increased number of antidepressants, drugs to 

2 treat anxiety, other psychotropics, and other behavior 

3 modifying prescription medications being prescribed, 

4 including any combination or interactions of such 

5 prescriptions. The Department of Defense shall imme6 diately make available to the National Institute of 

7 Mental Health all data necessary to complete the 

8 study. 

9 (2) REPORT ON FINDINGS.—Not later than two 

10 years after the date of the enactment of this Act, the 

11 Secretary of Defense shall submit to Congress a report 

12 on the findings of the study conducted pursuant to 

13 paragraph (1). 

14 Subtitle D—Wounded Warrior 

15 Matters 

16 SEC. 731. PILOT PROGRAM FOR THE PROVISION OF COG17 NITIVE REHABILITATIVE THERAPY SERVICES 

18 UNDER THE TRICARE PROGRAM. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, the Secretary of Defense 

21 may, in consultation with the entities and officials referred 

22 to in subsection (d), carry out a pilot program under the 

23 TRICARE program to determine the feasibility and advis24 ability of expanding the availability of cognitive rehabilita-
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1 tive therapy services for members or former members of the 

2 Armed Forces described in subsection (b). 

3 (b) COVERED MEMBERS AND FORMER MEMBERS.—A 

4 member or former member of the Armed Forces is described 

5 in this subsection if— 

6 (1) the member or former member— 

7 (A) is otherwise eligible for medical care 

8 under the TRICARE program; 

9 (B) has been diagnosed with a moderate to 

10 severe traumatic brain injury incurred in the 

11 line of duty in Operation Iraqi Freedom or Op12 eration Enduring Freedom; 

13 (C) is retired or separated from the Armed 

14 Forces for disability under chapter 61 of title 10, 

15 United States Code; and 

16 (D) is referred by a qualified physician for 

17 cognitive rehabilitative therapy; and 

18 (2) cognitive rehabilitative therapy is not rea19 sonably available to the member or former member 

20 through the Department of Veterans Affairs. 

21 (c) ELEMENTS OF PILOT PROGRAM.—The Secretary of 

22 Defense shall, in consultation with the entities and officials 

23 referred to in subsection (d), develop for inclusion in the 

24 pilot program the following: 
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1 (1) Procedures for access to cognitive rehabilita2 tive therapy services. 

3 (2) Qualifications and supervisory requirements 

4 for licensed and certified health care professionals 

5 providing such services. 

6 (3) A methodology for reimbursing providers for 

7 such services. 

8 (d) ENTITIES AND OFFICIALS TO BE CONSULTED.— 

9 The entities and officials referred to in this subsection are 

10 the following: 

11 (1) The Secretary of Veterans Affairs. 

12 (2) The Defense Centers of Excellence for Psycho13 logical Health and Traumatic Brain Injury. 

14 (3) Relevant national organizations with experi15 ence in treating traumatic brain injury. 

16 (e) REPORT.—Not later than 18 months after the date 

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

18 submit to the Committees on Armed Services of the Senate 

19 and the House of Representatives a report— 

20 (1) evaluating the effectiveness of the pilot pro21 gram in providing increased access to safe, effective, 

22 and quality cognitive rehabilitative therapy services 

23 for members and former members of the Armed Forces 

24 described in subsection (b); and 
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1 (2) making recommendations with respect to the 

2 effectiveness of cognitive rehabilitative therapy serv3 ices and the appropriateness of including such serv4 ices as a benefit under the TRICARE program. 

5 (f) TRICARE PROGRAM DEFINED.—The term 

6 ‘‘TRICARE program’’ has the meaning given that term in 

7 section 1072(7) of title 10, United States Code. 

8 (g) FUNDING.—Of the amount authorized to be appro9 priated by section 1403 for the Defense Health Program, 

10 not more than $5,000,000 may be available to carry out 

11 the pilot program under this section. 

12 SEC. 732. DEPARTMENT OF DEFENSE TASK FORCE ON THE 

13 CARE, MANAGEMENT, AND TRANSITION OF 

14 RECOVERING WOUNDED, ILL, AND INJURED 

15 MEMBERS OF THE ARMED FORCES. 

16 (a) ESTABLISHMENT.— 

17 (1) IN GENERAL.—The Secretary of Defense shall 

18 establish within the Department of Defense a task 

19 force to be known as the ‘‘Department of Defense Task 

20 Force on the Care, Management, and Transition of 

21 Recovering Wounded, Ill, and Injured Members of the 

22 Armed Forces’’ (in this section referred to as the 

23 ‘‘Task Force’’). 

24 (2) PURPOSE.—The purpose of the Task Force 

25 shall be to assess the effectiveness of the policies and 
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1 programs developed and implemented by the Depart2 ment of Defense, and by each of the military depart3 ments, to assist and support the care, management, 

4 and transition of recovering wounded, ill, and injured 

5 members of the Armed Forces, and to make rec6 ommendations for the further improvement of such 

7 policies and programs. 

8 (b) COMPOSITION.— 

9 (1) MEMBERS.—The Task Force shall consist of 

10 not more than 14 members, appointed by the Sec11 retary of Defense from among the individuals as de12 scribed in paragraph (2). 

13 (2) COVERED INDIVIDUALS.—The individuals 

14 appointed to the Task Force shall include the fol15 lowing: 

16 (A) At least one member of each of the reg17 ular components of the Army, the Navy, the Air 

18 Force, and the Marine Corps. 

19 (B) One member of the National Guard. 

20 (C) One member of a reserve component of 

21 the Armed Forces other than National Guard. 

22 (D) A number of persons from outside the 

23 Department of Defense equal to the total number 

24 of personnel from within the Department of De25 fense (whether members of the Armed Forces or 
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1 civilian personnel) who are appointed to the 

2 Task Force. 

3 (E) Persons who have experience in— 

4 (i) medical care and coordination for 

5 wounded, ill, and injured members of the 

6 Armed Forces; 

7 (ii) medical case management; 

8 (iii) non-medical case management; 

9 (iv) the disability evaluation process 

10 for members of the Armed Forces; 

11 (v) veterans benefits; 

12 (vi) treatment of traumatic brain in13 jury and post traumatic stress disorder; 

14 (vii) family support; 

15 (viii) medical research; 

16 (ix) vocational rehabilitation; or 

17 (x) disability benefits. 

18 (F) At least one family member of a wound19 ed, ill, or injured member of the Armed Forces 

20 or veteran who has experience working with 

21 wounded, ill, and injured members of the Armed 

22 Forces or their families. 

23 (3) INDIVIDUALS APPOINTED FROM WITHIN DE24 PARTMENT OF DEFENSE.—At least one of the individ25 uals appointed to the Task Force from within the De-
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1 partment of Defense shall be the surgeon general of an 

2 Armed Force. 

3 (4) INDIVIDUALS APPOINTED FROM OUTSIDE DE4 PARTMENT OF DEFENSE.—The individuals appointed 

5 to the Task Force from outside the Department of De6 fense— 

7 (A) with the concurrence of the Secretary of 

8 Veterans Affairs, shall include an officer or em9 ployee of the Department of Veterans Affairs; 

10 and 

11 (B) may include individuals from other de12 partments or agencies of the Federal Govern13 ment, from State and local agencies, or from the 

14 private sector. 

15 (5) DEADLINE FOR APPOINTMENTS.—All original 

16 appointments to the Task Force shall be made not 

17 later than 120 days after the date of the enactment 

18 of this Act. 

19 (6) CO-CHAIRS.—There shall be two co-chairs of 

20 the Task Force. One of the co-chairs shall be des21 ignated by the Secretary of Defense at the time of ap22 pointment from among the individuals appointed to 

23 the Task Force from within the Department of De24 fense. The other co-chair shall be selected from among 
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1 the individuals appointed from outside the Depart2 ment of Defense by those individuals. 

3 (c) REPORT REQUIRED.— 

4 (1) IN GENERAL.—Not later than 12 months 

5 after the date on which all members of the Task Force 

6 have been appointed, the Task Force shall submit to 

7 the Secretary of Defense a report. The report shall in8 clude the following: 

9 (A) The findings and conclusions of the 

10 Task Force as a result of its assessment of the ef11 fectiveness of the policies and programs developed 

12 and implemented by the Department of Defense, 

13 and by each of the military departments, to as14 sist and support the care, management, and 

15 transition of recovering wounded, ill, and in16 jured members of the Armed Forces. 

17 (B) A description of various ways in which 

18 the Department of Defense and the military de19 partments could more effectively address matters 

20 relating to the care, management, and transition 

21 of recovering wounded, ill, and injured members 

22 of the Armed Forces, including members of the 

23 regular components, and members of the reserve 

24 components, and support for their families. 
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1 (C) Such recommendations for other legisla2 tive or administrative action as the Task Force 

3 considers appropriate for measures to improve 

4 the policies and programs described in subpara5 graph (A). 

6 (2) METHODOLOGY.—For purposes of the report, 

7 the Task Force— 

8 (A) shall conduct site visits and interviews 

9 as the Task Force considers appropriate; 

10 (B) may consider the findings and rec11 ommendations of previous reviews and evalua12 tions of the care, management, and transition of 

13 recovering wounded, ill, and injured members of 

14 the Armed Forces; and 

15 (C) may utilize such other means for di16 rectly obtaining information relating to the care, 

17 management, and transition of recovering 

18 wounded, ill, and injured members of the Armed 

19 Forces as the Task Force considers appropriate. 

20 (3) MATTERS TO BE REVIEWED AND AS21 SESSED.—For purposes of the report, the Task Force 

22 shall review and assess the following: 

23 (A) Case management, including the num24 bers and types of case managers (including Fed25 eral Recovery Coordinators, Recovery Care Coor-
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1 dinators, National Guard or Reserve case man2 agers, and other case managers) assigned to re3 covering wounded, ill, and injured members of 

4 the Armed Forces, the training provided such 

5 case mangers, and the effectiveness of such case 

6 mangers in providing care and support to recov7 ering wounded, ill, and injured members of the 

8 Armed Forces. 

9 (B) The effectiveness of the Interagency Pro10 gram Office in achieving fully interoperable elec11 tronic health records by September 30, 2009, in 

12 accordance with section 1635 of the Wounded 

13 Warrior Act (10 U.S.C. 1071 note). 

14 (C) Staffing of Army Warrior Transition 

15 Units, Marine Corps Wounded Warrior Regi16 ments, Navy and Air Force Medical Hold or 

17 Medical Holdover Units, and other service-re18 lated programs or units for recovering wounded, 

19 ill, and injured members of the Armed Forces, 

20 including the use of applicable hiring authorities 

21 to ensure the proper staffing of such programs 

22 and units. 

23 (D) The legal support available to recov24 ering wounded, ill, and injured members of the 

25 Armed Forces and their families. 
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1 (E) The support and assistance provided to 

2 recovering wounded, ill, and injured members of 

3 the Armed Forces as they progress through the 

4 military disability evaluation system. 

5 (F) The effectiveness of any measures under 

6 pilot programs to improve or enhance the mili7 tary disability evaluation system. 

8 (G) The effectiveness of the Senior Oversight 

9 Committee in facilitating and overseeing collabo10 ration between the Department of Defense and 

11 the Department of Veterans Affairs on matters 

12 relating to the care, management, and transition 

13 of recovering wounded, ill, and injured members 

14 of the Armed Forces. 

15 (H) The establishment and effectiveness of 

16 the Defense Centers of Excellence for Psycho17 logical Health and Traumatic Brain Injury, and 

18 the centers of excellence for military eye injuries, 

19 hearing loss and auditory system injuries, and 

20 traumatic extremity injuries and amputations. 

21 (I) The establishment and effectiveness of 

22 performance and accountability standards for 

23 warrior transition units and programs. 
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1 (J) The support available to family care2 givers of recovering wounded, ill, and injured 

3 members of the Armed Forces. 

4 (K) The availability of vocational training 

5 for recovering wounded, ill, and injured members 

6 of the Armed Forces seeking to transition to ci7 vilian life. 

8 (L) The availability of services for trau9 matic brain injury and post traumatic stress 

10 disorder. 

11 (M) The support systems in place to ease 

12 the transition of recovering wounded, ill, and in13 jured members of the Armed Forces from the De14 partment of Defense to the Department of Vet15 erans Affairs. 

16 (N) The effectiveness of wounded warrior 

17 information resources, including the Wounded 

18 Warrior Resource Center, the National Resource 

19 Directory, Military OneSource, Family Assist20 ance Centers, and Service hotlines, in providing 

21 meaningful information for recovering wounded, 

22 ill, and injured members of the Armed Forces. 

23 (O) Interagency matters affecting recovering 

24 wounded, ill, and injured members of the Armed 

25 Forces in their transition to civilian life. 
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1 (P) Overall coordination between the De2 partment of Defense and the Department of Vet3 erans Affairs on the matters specified in this 

4 paragraph. 

5 (Q) Such other matters as the Task Force 

6 considers appropriate in connection with the 

7 care, management, and transition of recovering 

8 wounded, ill, and injured members of the Armed 

9 Forces. 

10 (4) TRANSMITTAL.—Not later than 90 days after 

11 receipt of the report required by paragraph (1) the 

12 Secretary of Defense shall transmit the report, to13 gether with the Secretary’s evaluation of the report, to 

14 the Committees on Armed Services of the Senate and 

15 the House of Representatives. 

16 (d) PLAN REQUIRED.—Not later than six months after 

17 the receipt under subsection (c) of the report of the Task 

18 Force under that subsection, the Secretary of Defense shall, 

19 in consultation with the Secretaries of the military depart20 ments, submit to the Committees on Armed Services of the 

21 Senate and the House of Representatives a plan to imple22 ment the recommendations of the Task Force as included 

23 in the report of the Task Force under subsection (c). 

24 (e) ADMINISTRATIVE MATTERS.— 
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1 (1) COMPENSATION.—Each member of the Task 

2 Force who is a member of the Armed Forces or a ci3 vilian officer or employee of the United States shall 

4 serve on the Task Force without compensation (other 

5 than compensation to which entitled as a member of 

6 the Armed Forces or an officer or employee of the 

7 United States, as the case may be). Other members of 

8 the Task Force shall be appointed in accordance with, 

9 and subject to, the provisions of section 3161 of title 

10 5, United States Code. 

11 (2) OVERSIGHT.—The Under Secretary of De12 fense for Personnel and Readiness shall oversee the 

13 Task Force. The Washington Headquarters Services of 

14 the Department of Defense shall provide the Task 

15 Force with personnel, facilities, and other administra16 tive support as necessary for the performance of the 

17 duties of the Task Force. 

18 (3) VISITS TO MILITARY FACILITIES.—Any visit 

19 by the Task Force to a military installation or facil20 ity shall be undertaken through the Deputy Under 

21 Secretary of Defense for Personnel and Readiness, in 

22 coordination with the Secretaries of the military de23 partments. 

24 (f) TERMINATION.—The Task Force shall terminate 90 

25 days after the date on which the Task Force submits to the 
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1 Secretary of Defense the report of the Task Force under sub2 section (c). 

3 SEC. 733. REPORT ON USE OF ALTERNATIVE THERAPIES IN 

4 TREATMENT OF POST-TRAUMATIC STRESS 

5 DISORDER. 

6 (a) IN GENERAL.—Not later than December 31, 2010, 

7 the Secretary of Defense and the Secretary of Veterans Af8 fairs shall jointly submit to the appropriate committees of 

9 Congress a report on research related to post-traumatic 

10 stress disorder. 

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

12 shall include the following: 

13 (1) The status of all studies and clinical trials 

14 that involve treatments of post-traumatic stress dis15 order conducted by the Department of Defense and the 

16 Department of Veterans Affairs. 

17 (2) The effectiveness of alternative therapies in 

18 the treatment of post-traumatic stress disorder, in19 cluding the therapeutic use of animals. 

20 (3) Identification of areas in which the Depart21 ment of Defense and the Department of Veterans Af22 fairs may be duplicating studies, programs, or re23 search with respect to post-traumatic stress disorder. 
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1 (c) APPROPRIATE COMMITTEES OF CONGRESS DE2 FINED.—In this section, the term ‘‘appropriate committees 

3 of Congress’’ means— 

4 (1) the Committee on Armed Services, the Com5 mittee on Appropriations, and the Committee on Vet6 erans’ Affairs of the Senate; and 

7 (2) the Committee on Armed Services, the Com8 mittee on Appropriations, and the Committee on Vet9 erans’ Affairs of the House of Representatives. 

10 TITLE VIII—ACQUISITION POL11 ICY, ACQUISITION MANAGE12 MENT, AND RELATED MAT13 TERS 

14 Subtitle A—Amendments to General 

15 Contracting Authorities, Proce16 dures, and Limitations 

17 SEC. 801. CONTRACT AUTHORITY FOR ADVANCED DEVELOP18 MENT OF PROTOTYPE UNITS. 

19 (a) CONTRACT AUTHORITY.— 

20 (1) IN GENERAL.—Chapter 139 of title 10, 

21 United States Code, is amended by inserting after sec22 tion 2359b the following new section: 
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1 ‘‘§ 2359c. Contract authority for advanced develop2 ment of prototype units 

3 ‘‘(a) AUTHORITY.—A contract initially awarded from 

4 the competitive selection of a proposal resulting from a 

5 broad agency announcement pursuant to section 2302(2)(B) 

6 of this title may contain a contract line item or an option, 

7 including not-to-exceed prices, for either of the following: 

8 ‘‘(1) The delivery of a specified number of proto9 type items to demonstrate technology developed under 

10 the contract. 

11 ‘‘(2) The provision, for a specified period of 

12 time, of advanced component development effort or ef13 fort to prototype technology developed under the con14 tract. 

15 ‘‘(b) LIMITATIONS.—(1) The number of prototype 

16 items specified pursuant to subsection (a)(1) may not ex17 ceed the minimum number required to ensure that research 

18 and development work can continue without interruption 

19 during the solicitation and award of a follow-on competi20 tive contract. 

21 ‘‘(2) The period of time specified under subsection 

22 (a)(2) may not exceed 12 months. 

23 ‘‘(3) The dollar value of the work to be performed pur24 suant to a contract line item or option under subsection 

25 (a) may not exceed the lesser of the amounts as follows: 
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1 ‘‘(A) The amount that is three times the dollar 

2 value of the work previously performed under the con3 tract. 

4 ‘‘(B) $20,000,000.’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 139 of such title is 

7 amended by inserting after the item relating to sec8 tion 2359b the following new item: 

‘‘2359c. Contract authority for advanced development of prototype units.’’. 

9 (b) SUNSET.— 

10 (1) IN GENERAL.—Effective on the date that is 

11 five years after the date of the enactment of this Act— 

12 (A) section 2359c of title 10, United States 

13 Code (as added by subsection (a)), is repealed; 

14 and 

15 (B) the table of sections at the beginning of 

16 chapter 139 of such title (as amended by sub17 section (a)) is further amended by striking the 

18 item relating to section 2359c. 

19 (2) CONTINUATION OF LINE ITEMS AND OP20 TIONS.—The repeal of section 2359c of title 10, 

21 United States Code (as so added), by paragraph (1) 

22 shall not affect the authority of the Department of De23 fense to exercise any contract line item or option in24 cluded in a contract under the authority of such sec-
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1 tion before the effective date of the repeal of such sec2 tion under paragraph (1). 

3 (c) REPORT.—Not later than three years after the date 

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

5 submit to the congressional defense committees a report on 

6 the use of the authority provided by section 2359c of title 

7 10, United States Code (as added by subsection (a)). The 

8 report shall, at a minimum— 

9 (1) identify the number of times the authority in 

10 section 2359c of title 10, United States Code (as so 

11 added), has been used by each military department 

12 and Defense Agency, and the dollar amount of con13 tract line items or options exercised pursuant to such 

14 authority; 

15 (2) assess the effectiveness of the authority in 

16 promoting the maturation of technologies and in ad17 dressing potential gaps between science and tech18 nology projects and acquisition programs; 

19 (3) assess any potential anti-competitive impacts 

20 resulting from the use of the authority; and 

21 (4) make such recommendations as the Secretary 

22 considers appropriate. 
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1 SEC. 802. JUSTIFICATION AND APPROVAL OF SOLE-SOURCE 

2 CONTRACTS. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the Secretary of Defense 

5 shall modify the Department of Defense Supplement to the 

6 Federal Acquisition Regulation to provide that the head of 

7 an agency may not award a sole-source contract for an 

8 amount exceeding $20,000,000 unless— 

9 (1) the contracting officer for the contract justi10 fies the use of a sole-source contract in writing; and 

11 (2) the justification is approved by an official 

12 designated in section 2304(f)(1)(B) of title 10, United 

13 States Code, to approve contract awards for dollar 

14 amounts that are comparable to the amount of the 

15 sole-source contract. 

16 (b) ELEMENTS OF JUSTIFICATION.—The justification 

17 of a sole-source contract required pursuant to subsection (a) 

18 shall include the following: 

19 (1) A description of the needs of the agency con20 cerned for the matters covered by the contract. 

21 (2) A specification of the statutory provision 

22 providing the exception from the requirement to use 

23 competitive procedures in entering into the contract. 

24 (3) A determination that the use of a sole-source 

25 contract is in the best interest of the Department of 

26 Defense. 
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1 (4) A determination that the anticipated cost of 

2 the contract will be fair and reasonable. 

3 (5) Such other matters as the Secretary shall 

4 specify for purposes of this section. 

5 (c) CONSTRUCTION WITH COMPETITION IN CON6 TRACTING ACT REQUIREMENTS.—In the case of any con7 tract for which a justification and approval is required 

8 under section 2304(f) of title 10, United States Code, a jus9 tification and approval meeting the requirements of such 

10 section may be treated as meeting the requirements of this 

11 section for purposes of the award of a sole-source contract. 

12 Subtitle B—Acquisition Policy and 

13 Management 

14 SEC. 811. REPORTING REQUIREMENTS FOR PROGRAMS 

15 THAT QUALIFY AS BOTH MAJOR AUTOMATED 

16 INFORMATION SYSTEM PROGRAMS AND 

17 MAJOR DEFENSE ACQUISITION PROGRAMS. 

18 (a) IN GENERAL.—Section 2445d of title 10, United 

19 States Code, is amended by striking ‘‘of this title’’ and all 

20 that follows and inserting ‘‘of this title, the Secretary may 

21 designate the program to be treated only as a major auto22 mated information system program covered by this chapter 

23 or to be treated only as a major defense acquisition program 

24 covered by such chapter 144.’’. 
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1 (b) GUIDANCE REQUIRED.—Not later than 180 days 

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

3 of Defense shall issue guidance on the implementation of 

4 section 2445d of title 10, United States Code (as amended 

5 by subsection (a)). The guidance shall provide that, as a 

6 general rule— 

7 (1) a program covered by such section that re8 quires the development of customized hardware shall 

9 be treated only as a major defense acquisition pro10 gram under chapter 144 of title 10, United States 

11 Code; and 

12 (2) a program covered by such section that does 

13 not require the development of customized hardware 

14 shall be treated only as a major automated informa15 tion system program under chapter 144A of title 10, 

16 United States Code. 

17 SEC. 812. FUNDING OF DEPARTMENT OF DEFENSE ACQUISI18 TION WORKFORCE DEVELOPMENT FUND. 

19 (a) ADDITIONAL ELEMENT OF FUND.—Subsection (d) 

20 of section 1705 of title 10, United States Code, is amend21 ed— 

22 (1) in paragraph (1)— 

23 (A) by redesignating subparagraph (B) as 

24 subparagraph (C); and 
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1 (B) by inserting after subparagraph (A) the 

2 following new subparagraph (B): 

3 ‘‘(B) Amounts transferred to the Fund pur4 suant to paragraph (3).’’; and 

5 (2) by adding at the end the following new para6 graph: 

7 ‘‘(3) TRANSFER OF CERTAIN UNOBLIGATED BAL8 ANCES.—To the extent provided in appropriations 

9 Acts, the Secretary of Defense may, during the 24- 

10 month period following the expiration of availability 

11 for obligation of any appropriations made to the De12 partment of Defense for procurement, research, devel13 opment, test, and evaluation, or operation and main14 tenance, transfer to the Fund any unobligated balance 

15 of such appropriations. Any amount so transferred 

16 shall be credited to the Fund.’’. 

17 (b) NATURE OF EXPENDED AMOUNTS PROVIDING

18 BASIS FOR CREDIT TO FUND.—Subparagraph (A) of para19 graph (2) of such subsection is amended by striking ‘‘, other 

20 than’’ and all that follows and inserting ‘‘from amounts 

21 available for operation and maintenance.’’. 

22 (c) REMITTANCES.—Subparagraph (B) of paragraph 

23 (2) of such subsection is amended by inserting ‘‘, from 

24 amounts available to such military department or Defense 
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1 Agency, as the case may be, for operation and mainte2 nance,’’ after ‘‘remit to the Secretary of Defense’’. 

3 (d) ADDITIONAL MATTERS RELATING TO REMIT4 TANCES.—Such subsection is further amended— 

5 (1) in paragraph (2)(B), by striking ‘‘Not later 

6 than’’ and inserting ‘‘Subject to paragraph (4), not 

7 later than’’; and 

8 (2) by adding at the end the following new para9 graph: 

10 ‘‘(4) ADDITIONAL REQUIREMENTS AND LIMITA11 TIONS ON REMITTANCES.—(A) In the event amounts 

12 are transferred to the Fund during a fiscal year pur13 suant to paragraph (1)(B) or appropriated to the 

14 Fund for a fiscal year pursuant to paragraph (1)(C), 

15 the aggregate amount otherwise required to be remit16 ted to the Fund for that fiscal year pursuant to para17 graph (2)(B) shall be reduced by the amount equal to 

18 the amounts so transferred or appropriated to the 

19 Fund during or for that fiscal year. Any reduction in 

20 the aggregate amount required to be remitted to the 

21 Fund for a fiscal year under this subparagraph shall 

22 be allocated as provided in applicable provisions of 

23 appropriations Acts or, absent such provisions, on a 

24 pro rata basis among the military departments and 
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1 Defense Agencies required to make remittances to the 

2 Fund for that fiscal year under paragraph (2)(B). 

3 ‘‘(B) Any remittance of amounts to the Fund for 

4 a fiscal year under paragraph (2) shall be subject to 

5 the availability of appropriations for that purpose.’’. 

6 (e) REMITTANCE AMOUNTS.—Paragraph (2) of such 

7 subsection is further amended by striking subparagraphs 

8 (C) and (D) and inserting the following new subpara9 graphs: 

10 ‘‘(C) For purposes of this paragraph, the appli11 cable percentage for a fiscal year is the percentage 

12 that results in the credit to the Fund in such fiscal 

13 year of an amount as follows: 

14 ‘‘(i) For fiscal year 2010, $570,000,000. 

15 ‘‘(ii) For fiscal year 2011, $770,000,000. 

16 ‘‘(iii) For fiscal year 2012, $900,000,000. 

17 ‘‘(iv) For fiscal year 2013, $1,180,000,000. 

18 ‘‘(v) For fiscal year 2014, $1,330,000,000. 

19 ‘‘(vi) For fiscal year 2015, $1,470,000,000. 

20 ‘‘(D) The Secretary of Defense may reduce a per21 centage specified in subparagraph (C) for a fiscal 

22 year if the Secretary determines that the application 

23 of such percentage would result in the crediting to the 

24 Fund in such fiscal year of an amount greater than 

25 is reasonably needed for purposes of the Fund. The 
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1 percentage for a fiscal year, as so reduced, may not 

2 be a percentage that will result in the credit to the 

3 Fund in such fiscal year of an amount that is less 

4 than 80 percent of the amount otherwise specified in 

5 subparagraph (C) for such fiscal year.’’. 

6 (f) CLARIFICATION OF LIMITATION ON PAY OF BASE

7 SALARY OF CURRENT EMPLOYEES.—Subsection (e)(5) of 

8 such section is amended by striking ‘‘as of the date of the 

9 enactment of the National Defense Authorization Act for 

10 Fiscal Year 2008’’ and inserting ‘‘serving in a position in 

11 the acquisition workforce as of January 28, 2008’’. 

12 (g) TECHNICAL AMENDMENTS.— 

13 (1) Subsection (a) of such section is amended by 

14 inserting ‘‘Development’’ after ‘‘Workforce’’. 

15 (2) Subsection (f) of such section is amended in 

16 the matter preceding paragraph (1) by striking ‘‘be17 ginning with fiscal year 2008’’. 

18 (h) EFFECTIVE DATES.— 

19 (1) FUNDING AMENDMENTS.—The amendments 

20 made by subsections (a) through (e) shall take effect 

21 on October 1, 2009. 

22 (2) TECHNICAL AMENDMENTS.—The amendments 

23 made by subsections (f) and (g) shall take effect on the 

24 date of the enactment of this Act. 
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1 SEC. 813. ENHANCEMENT OF EXPEDITED HIRING AUTHOR2 ITY FOR DEFENSE ACQUISITION WORKFORCE 

3 POSITIONS. 

4 (a) IN GENERAL.—Paragraph (1) of section 1705(h) 

5 of title 10, United States Code, is amended— 

6 (1) in subparagraph (A), by striking ‘‘acquisi7 tion positions within the Department of Defense as 

8 shortage category position’’ and inserting ‘‘acquisi9 tion workforce positions as positions for which there 

10 exists a shortage of candidates or there is a critical 

11 hiring need’’; and 

12 (2) in subparagraph (B), by striking ‘‘highly 

13 qualified’’ and inserting ‘‘appropriately qualified’’. 

14 (b) EXTENSION.—Paragraph (2) of such section is 

15 amended by striking ‘‘September 30, 2012’’ and inserting 

16 ‘‘September 30, 2015’’. 

17 (c) TECHNICAL AMENDMENT.—Paragraph (1) of such 

18 section is further amended by striking ‘‘United States 

19 Code,’’ in the matter preceding subparagraph (A). 
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1 SEC. 814. TREATMENT OF NON-DEFENSE AGENCY PROCURE2 MENTS UNDER JOINT PROGRAMS WITH THE 

3 DEPARTMENT OF DEFENSE UNDER LIMITA4 TIONS ON NON-DEFENSE AGENCY PROCURE5 MENTS ON BEHALF OF THE DEPARTMENT OF 

6 DEFENSE. 

7 Section 801(b) of the National Defense Authorization 

8 Act for Fiscal Year 2008 (10 U.S.C. 2304 note) is amended 

9 by adding at the end the following new paragraph: 

10 ‘‘(3) TREATMENT OF PROCUREMENTS UNDER

11 JOINT PROGRAMS.—For purposes of this subsection, a 

12 contract entered by a non-defense agency for the per13 formance of a joint program conducted to meet the 

14 needs of the Department of Defense and the non-de15 fense agency shall not be considered a procurement of 

16 property or services for the Department of Defense 

17 through a non-defense agency.’’. 

18 SEC. 815. COMPTROLLER GENERAL OF THE UNITED STATES 

19 REPORT ON TRAINING OF ACQUISITION AND 

20 AUDIT PERSONNEL OF THE DEPARTMENT OF 

21 DEFENSE. 

22 (a) REPORT REQUIRED.—Not later than one year 

23 after the date of the enactment of this Act, the Comptroller 

24 General of the United States shall submit to the congres25 sional defense committees a report setting forth an assess26 ment of the efficacy of Department of Defense training for 
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1 acquisition and audit personnel of the Department of De2 fense. 

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

4 shall include, at a minimum, the following: 

5 (1) An assessment of the nature and efficacy of 

6 training (including training materials and methods) 

7 required for acquisition and audit personnel of the 

8 Department of Defense. 

9 (2) An assessment of the timeliness and manner 

10 in which the Department of Defense provides training 

11 for such personnel. 

12 (3) An assessment of the extent to which such 

13 training reaches appropriate acquisition personnel, 

14 including personnel outside the acquisition workforce 

15 who exercise significant acquisition responsibilities. 

16 (4) An assessment of the extent to which each of 

17 the Department of Defense and the Department of the 

18 Army have implemented the recommendations of the 

19 Commission on Army Acquisition and Program Man20 agement in Expeditionary Operations relating to 

21 training of acquisition personnel. 

22 (5) Such recommendations as the Comptroller 

23 General considers appropriate regarding training of 

24 acquisition and audit personnel of the Department of 

25 Defense, including recommendations regarding best 
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1 practices and objectives for improved training of such 

2 acquisition and audit personnel. 

3 Subtitle C—Contractor Matters 

4 SEC. 821. AUTHORITY FOR GOVERNMENT SUPPORT CON5 TRACTORS TO HAVE ACCESS TO TECHNICAL 

6 DATA BELONGING TO PRIME CONTRACTORS. 

7 (a) AUTHORITY.— 

8 (1) ACCESS TO TECHNICAL DATA.—Subsection 

9 (c) of section 2320 of title 10, United States Code, is 

10 amended— 

11 (A) in paragraph (1), by striking ‘‘or’’ at 

12 the end; 

13 (B) by redesignating paragraph (2) as 

14 paragraph (3); and 

15 (C) by inserting after paragraph (1) the fol16 lowing new paragraph (2): 

17 ‘‘(2) notwithstanding any limitation upon the li18 cense rights conveyed under subsection (a), allowing a 

19 covered Government support contractor access to and 

20 use of any technical data delivered under a contract 

21 for the sole purpose of furnishing independent and 

22 impartial advice or technical assistance directly to 

23 the Government in support of the Government’s man24 agement and oversight of the program or effort to 

25 which such technical data relates; or’’. 
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1 (2) COVERED GOVERNMENT SUPPORT CON2 TRACTOR DEFINED.—Such section is further amended 

3 by adding at the end the following new subsection: 

4 ‘‘(f) In this section, the term ‘covered Government sup5 port contractor’ means a contractor under a contract the 

6 primary purpose of which is to furnish independent and 

7 impartial advice or technical assistance directly to the Gov8 ernment in support of the Government’s management and 

9 oversight of a program or effort (rather than to directly fur10 nish an end item or service to accomplish a program or 

11 effort), which contractor— 

12 ‘‘(1) is not affiliated with the prime contractor 

13 or a first-tier subcontractor on the program or effort, 

14 or with any direct competitor of such prime con15 tractor or any such first-tier subcontractor in fur16 nishing end items or services of the type developed or 

17 produced on the program or effort; and 

18 ‘‘(2) executes a contract with the Government 

19 agreeing to and acknowledging— 

20 ‘‘(A) that proprietary or nonpublic tech21 nical data furnished will be accessed and used 

22 only for the purposes stated in that contract; 

23 ‘‘(B) that a breach of that contract by the 

24 covered Government support contractor with re25 gard to a third party’s ownership or rights in 
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1 such technical data may subject the covered Gov2 ernment support contractor— 

3 ‘‘(i) to criminal, civil, administrative, 

4 and contractual actions in law and equity 

5 for penalties, damages, and other appro6 priate remedies by the United States; and 

7 ‘‘(ii) to civil actions for damages and 

8 other appropriate remedies by the con9 tractor or subcontractor whose technical 

10 data is affected by the breach; 

11 ‘‘(C) that such technical data provided to 

12 the covered Government support contractor under 

13 the authority of this section shall not be used by 

14 the covered Government support contractor to 

15 compete against the third party for Government 

16 or non-Government contracts; and 

17 ‘‘(D) that any breach of the nondisclosure 

18 obligations under subparagraphs (A) through (C) 

19 may constitute a violation of section 1905 of title 

20 18.’’. 

21 (b) CRIMINAL PENALTY.—Section 1905 of title 18, 

22 United States Code, is amended by inserting ‘‘or being an 

23 officer, agent, or employee of a private sector organization 

24 having a contractual nondisclosure agreement under the au-
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1 thority of section 2320(f)(2) of title 10,’’ after ‘‘Antitrust 

2 Civil Process Act (15 U.S.C. 1311-1314),’’. 

3 SEC. 822. EXTENSION AND ENHANCEMENT OF AUTHORI4 TIES ON THE COMMISSION ON WARTIME CON5 TRACTING IN IRAQ AND AFGHANISTAN. 

6 (a) DATE OF FINAL REPORT.—Subsection (d)(3) of 

7 section 841 of the National Defense Authorization Act for 

8 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is 

9 amended by striking ‘‘two years’’ and inserting ‘‘three 

10 years’’. 

11 (b) ASSISTANCE FROM FEDERAL AGENCIES.—Such 

12 section is further amended— 

13 (1) by redesignating subsections (f) and (g) as 

14 subsections (g) and (h), respectively; and 

15 (2) by inserting after subsection (e) the following 

16 new subsection (f): 

17 ‘‘(f) ASSISTANCE FROM FEDERAL AGENCIES.— 

18 ‘‘(1) DEPARTMENT OF DEFENSE.—The Secretary 

19 of Defense shall provide to the Commission adminis20 trative support for the performance of the Commis21 sion’s functions in carrying out the requirements of 

22 this section. 

23 ‘‘(2) TRAVEL AND LODGING IN COMBAT THEA24 TERS.—The administrative support provided the 

25 Commission under paragraph (1) shall include travel 
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1 and lodging undertaken in combat theaters, which 

2 support shall be provided on a non-reimbursable 

3 basis. 

4 ‘‘(3) OTHER DEPARTMENTS AND AGENCIES.—In 

5 addition to the support required by paragraph (1), 

6 any department or agency of the Federal Government 

7 may provide to the Commission such services, funds, 

8 facilities, staff, and other support services for the per9 formance of the Commission’s functions as the head of 

10 such department or agency considers advisable, or as 

11 may otherwise be authorized by law.’’. 

12 SEC. 823. PROHIBITION ON INTERROGATION OF DETAINEES 

13 BY CONTRACTOR PERSONNEL. 

14 (a) REGULATIONS REQUIRED.—Effective as of the date 

15 that is one year after the date of the enactment of this Act, 

16 the Department of Defense manpower mix criteria and the 

17 Department of Defense Supplement to the Federal Acquisi18 tion Regulation shall be modified to provide the following: 

19 (1) That the interrogation of enemy prisoners of 

20 war, civilian internees, retained persons, other de21 tainees, terrorists, and criminals when captured, 

22 transferred, confined, or detained during or in the 

23 aftermath of hostilities is an inherently governmental 

24 function and cannot be transferred to contractor per25 sonnel. 
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1 (2) That contractor personnel with proper train2 ing and security clearances may be used as linguists, 

3 interpreters, report writers, information technology 

4 technicians, and other employees filling ancillary po5 sitions in interrogations of persons as described in 

6 paragraph (1) if such personnel are subject to the 

7 same rules, procedures, policies, and laws pertaining 

8 to detainee operations and interrogations as apply to 

9 government personnel in such positions in such inter10 rogations. 

11 (b) DISCHARGE BY GOVERNMENT PERSONNEL.—The 

12 Secretary of Defense shall take appropriate actions to en13 sure that, by not later than one year after the date of the 

14 enactment of this Act, the Department of Defense has the 

15 resources needed to ensure that interrogations described in 

16 subsection (a)(1) are conducted by appropriately qualified 

17 government personnel. 

18 SEC. 824. MODIFICATIONS TO DATABASE FOR FEDERAL 

19 AGENCY CONTRACT AND GRANT OFFICERS 

20 AND SUSPENSION AND DEBARMENT OFFI21 CIALS. 

22 Subsection (c) of section 872 of the Duncan Hunter 

23 National Defense Authorization Act for Fiscal Year 2009 

24 (Public Law 110–417; 122 Stat. 4556) is amended— 
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1 (1) by redesignating paragraphs (6) and (7) as 

2 paragraphs (8) and (9), respectively; and 

3 (2) by inserting after paragraph (5) the fol4 lowing new paragraphs: 

5 ‘‘(6) Each audit report that, as determined by 

6 an Inspector General or the head of an audit agency 

7 responsible for the report, contains significant adverse 

8 information about a contractor that should be in9 cluded in the database. 

10 ‘‘(7) Each contract action that, as determined by 

11 the head of the contracting activity responsible for the 

12 contract action, reflects information about contractor 

13 performance or integrity that should be included in 

14 the database.’’. 

15 Subtitle D—Other Matters 

16 SEC. 831. ENHANCED AUTHORITY TO ACQUIRE PRODUCTS 

17 AND SERVICES PRODUCED IN CENTRAL ASIA, 

18 PAKISTAN, AND THE SOUTH CAUCASUS. 

19 (a) IN GENERAL.—In the case of a product or service 

20 to be acquired in support of military operations or stability 

21 operations (including security, transition, reconstruction, 

22 and humanitarian relief activities) in Afghanistan for 

23 which the Secretary of Defense makes a determination de24 scribed in subsection (b), the Secretary may conduct a pro25 curement in which— 
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1 (1) competition is limited to products or services 

2 that are from Central Asia, Pakistan, or the South 

3 Caucasus; 

4 (2) procedures other than competitive procedures 

5 are used to award a contract to a particular source 

6 or sources from Central Asia, Pakistan, or the South 

7 Caucasus; or 

8 (3) a preference is provided for products or serv9 ices that are from Central Asia, Pakistan, or the 

10 South Caucasus. 

11 (b) DETERMINATION.—A determination described in 

12 this subsection is a determination by the Secretary that— 

13 (1) the product or service concerned is to be used 

14 only by military forces, police, or other security per15 sonnel of Afghanistan; or 

16 (2) it is in the national security interest of the 

17 United States to limit competition, use procedures 

18 other than competitive procedures, or provide a pref19 erence as described in subsection (a) because— 

20 (A) such limitation, procedure, or preference 

21 is necessary— 

22 (i) to improve local market and trans23 portation infrastructure in Central Asia, 

24 Pakistan, or the South Caucasus in order to 

25 reduce overall United States transportation 
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1 costs and risks in shipping goods in support 

2 of operations in Afghanistan; or 

3 (ii) to encourage states of Central Asia, 

4 Pakistan, or the South Caucasus to cooper5 ate in expanding supply routes through 

6 their territory in support of operations in 

7 Afghanistan; and 

8 (B) such limitation, procedure, or pref9 erence will not adversely affect— 

10 (i) operations in Afghanistan; or 

11 (ii) the United States industrial base. 

12 (c) PRODUCTS, SERVICES, AND SOURCES FROM CEN13 TRAL ASIA, PAKISTAN, OR THE SOUTH CAUCASUS.—For 

14 the purposes of this section: 

15 (1) A product is from the Central Asia, Paki16 stan, or the South Caucasus if it is mined, produced, 

17 or manufactured in Georgia, the Kyrgyz Republic, 

18 Pakistan, the Republic of Armenia, the Republic of 

19 Azerbaijan, the Republic of Kazakhstan, the Republic 

20 of Tajikistan, the Republic of Uzbekistan, or 

21 Turkmenistan. 

22 (2) A service is from Central Asia, Pakistan, or 

23 the South Caucasus if it is performed in Georgia, the 

24 Kyrgyz Republic, Pakistan, the Republic of Armenia, 

25 the Republic of Azerbaijan, the Republic of 
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1 Kazakhstan, the Republic of Tajikistan, the Republic 

2 of Uzbekistan, or Turkmenistan by citizens or perma3 nent resident aliens of Georgia, the Kyrgyz Republic, 

4 Pakistan, the Republic of Armenia, the Republic of 

5 Azerbaijan, the Republic of Kazakhstan, the Republic 

6 of Tajikistan, the Republic of Uzbekistan, or 

7 Turkmenistan. 

8 (3) A source is from Central Asia, Pakistan, or 

9 the South Caucasus if it— 

10 (A) is located in Georgia, the Kyrgyz Re11 public, Pakistan, the Republic of Armenia, the 

12 Republic of Azerbaijan, the Republic of 

13 Kazakhstan, the Republic of Tajikistan, the Re14 public of Uzbekistan, or Turkmenistan; and 

15 (B) offers products or services that are from 

16 Georgia, the Kyrgyz Republic, Pakistan, the Re17 public of Armenia, the Republic of Azerbaijan, 

18 the Republic of Kazakhstan, the Republic of 

19 Tajikistan, the Republic of Uzbekistan, or 

20 Turkmenistan. 

21 (d) CONSTRUCTION WITH OTHER AUTHORITY.—The 

22 authority in subsection (a) is in addition to the authority 

23 in section 886 of the National Defense Authorization Act 

24 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 266; 

25 10 U.S.C. 2302 note). 
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1 (e) ANNUAL REPORT.— 

2 (1) IN GENERAL.—Not later than December 31 

3 each year, the Secretary shall submit to Congress a 

4 report on the exercise of the authority in subsection 

5 (a) during the preceding fiscal year. 

6 (2) ELEMENTS.—Each report under this sub7 section shall include, for the fiscal year covered by 

8 such report, the following: 

9 (A) A statement of the number of occasions 

10 on which the Secretary made a determination 

11 under subsection (a) with respect to the exercise 

12 of the authority in subsection (a), regardless of 

13 whether or not the determination resulted in the 

14 exercise of such authority. 

15 (B) The total amount of all procurements 

16 pursuant to the exercise of such authority, and 

17 the total amount of procurements for each coun18 try with respect to which such authority was ex19 ercised. 

20 (C) A description and assessment of the ex21 tent to which procurements pursuant to the exer22 cise of such authority furthered the national se23 curity interest of the United States. 
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1 (f) SUNSET.—The authority in subsection (a) shall ex2 pire on the date that is three years after the date of the 

3 enactment of this Act. 

4 SEC. 832. SMALL ARMS PRODUCTION INDUSTRIAL BASE 

5 MATTERS. 

6 (a) AUTHORITY TO MODIFY DEFINITION OF ‘‘SMALL

7 ARMS PRODUCTION INDUSTRIAL BASE’’.—Section 2473(c) 

8 of title 10, United States Code, is amended by inserting 

9 before the period at the end the following: ‘‘, and any subse10 quent modifications to such list of firms pursuant to a re11 view by the Secretary of Defense’’. 

12 (b) REVIEW OF SMALL ARMS PRODUCTION INDUS13 TRIAL BASE.— 

14 (1) REVIEW.—Not later than March 31, 2010, 

15 the Secretary of Defense shall review and determine, 

16 based upon manufacturing capability and capacity— 

17 (A) whether any firms included in the small 

18 arms production industrial base (as that term is 

19 defined in section 2473(c) of title 10, United 

20 States Code) should be eliminated or modified 

21 and whether any additional firms should be in22 cluded; and 

23 (B) whether any of the small arms listed in 

24 section 2473(d) of title 10, United States Code, 

25 should be eliminated from the list or modified on 
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1 the list, and whether any additional small arms 

2 should be included in the list. 

3 (2) REPORT.—Not later than March 31, 2010, 

4 the Secretary of Defense shall submit to the congres5 sional defense committees a report on the review con6 ducted under this subsection, including any rec7 ommendations for changes to the list maintained pur8 suant to subsection (c) of section 2473(d) of title 10, 

9 United States Code, or the list under subsection (d) 

10 of such section. 

11 SEC. 833. EXTENSION OF SBIR AND STTR PROGRAMS OF 

12 THE DEPARTMENT OF DEFENSE. 

13 (a) SBIR EXTENSION.—Section 9(m) of the Small 

14 Business Act (15 U.S.C. 638(m)) is amended— 

15 (1) by striking ‘‘The authorization’’ and insert16 ing the following: 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the authorization’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) EXCEPTION FOR DEPARTMENT OF DE21 FENSE.—The Secretary of Defense and the Secretary 

22 of each military department is authorized to carry 

23 out the Small Business Innovation Research Program 

24 of the Department of Defense until September 30, 

25 2023.’’. 
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1 (b) STTR REAUTHORIZATION.—Section 9(n)(1)(A) of 

2 the Small Business Act (15 U.S.C. 638(n)(1)(A)) is amend3 ed— 

4 (1) by striking ‘‘With respect’’ and inserting the 

5 following: 

6 ‘‘(i) FEDERAL AGENCIES GEN7 ERALLY.—Except as provided in clause (i), 

8 with respect’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(ii) DEPARTMENT OF DEFENSE.—The 

11 Secretary of Defense and the Secretary of 

12 each military department shall carry out 

13 clause (i) with respect to each fiscal year 

14 through fiscal year 2023.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

16 section shall take effect on July 30, 2009. 

17 SEC. 834. EXPANSION AND PERMANENT AUTHORITY FOR 

18 SMALL BUSINESS INNOVATION RESEARCH 

19 COMMERCIALIZATION PROGRAM. 

20 (a) EXPANSION TO INCLUDE SMALL BUSINESS TECH21 NOLOGY TRANSFER PROGRAM.—Section 9(y) of the Small 

22 Business Act (15 U.S.C. 638(y)) is amended in paragraphs 

23 (1), (2), and (4) by inserting ‘‘and the Small Business 

24 Technology Transfer Program’’ after ‘‘Small Business Inno25 vation Research Program’’. 
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1 (b) PERMANENT AUTHORITY.— 

2 (1) IN GENERAL.—Such section is further 

3 amended by striking paragraph (6). 

4 (2) CONFORMING AMENDMENTS.—Such section is 

5 further amended— 

6 (A) in the subsection heading, by striking 

7 ‘‘PILOT’’; and 

8 (B) by striking ‘‘Pilot’’ each place it ap9 pears. 

10 SEC. 835. MEASURES TO ENSURE THE SAFETY OF FACILI11 TIES, INFRASTRUCTURE, AND EQUIPMENT 

12 FOR MILITARY OPERATIONS. 

13 (a) POLICY.—It shall be the policy of the Department 

14 of Defense to incorporate generally accepted industry stand15 ards for the safety and health of personnel, to the maximum 

16 extent practicable, into requirements for facilities, infra17 structure, and equipment that are intended for use by mili18 tary or civilian personnel of the Department in current and 

19 future contingency operations. 

20 (b) CONTRACTS.—Not later than 120 days after the 

21 date of the enactment of this Act, the Secretary of Defense 

22 shall submit to the congressional defense committees a re23 port describing that actions that the Department of Defense 

24 has taken, or plans to take, to ensure that each contract 

25 or task or delivery order entered into for the construction, 
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1 installation, repair, maintenance, or operation of facilities 

2 for use by military or civilian personnel of the Department 

3 in current and future contingency operations complies with 

4 the policy established in subsection (a). 

5 (c) GENERALLY ACCEPTED INDUSTRY STANDARDS FOR

6 SAFETY.—For the purposes of this section, generally accept7 ed industry standards for the safety of personnel include— 

8 (1) appropriate standards with respect to fire 

9 protection and structural integrity; and 

10 (2) standards with respect to electrical systems, 

11 water treatment, and telecommunications networks. 

12 SEC. 836. REPEAL OF REQUIREMENTS RELATING TO THE 

13 MILITARY SYSTEM ESSENTIAL ITEM BREAK14 OUT LIST. 

15 Section 813 of the National Defense Authorization Act 

16 for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1543) 

17 is repealed. 

18 SEC. 837. DEFENSE SCIENCE BOARD REPORT ON RARE 

19 EARTH MATERIALS IN THE DEFENSE SUPPLY 

20 CHAIN. 

21 (a) REPORT REQUIRED.—Not later than one year 

22 after the date of the enactment of this Act, the Defense 

23 Science Board shall submit to the Committees on Armed 

24 Services of the Senate and the House of Representatives a 
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1 report on the usage of rare earth materials in the supply 

2 chain of the Department of Defense. 

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

4 shall address, at a minimum, the following: 

5 (1) The current and projected domestic and 

6 world-wide availability of rare earth materials for use 

7 by the Department of Defense in its weapon systems. 

8 (2) The extent to which weapon systems acquired 

9 by the Department of Defense are currently dependent 

10 on, or are projected to become dependent on, rare 

11 earth materials supplied by sources that could be in12 terrupted. 

13 (3) The risk to national security, if any, of de14 pendence on such sources for rare earth materials. 

15 (4) Any steps that the Department of Defense has 

16 taken or is planning to take to address any such risk 

17 to national security. 

18 (5) Such recommendations for further action to 

19 address the matters covered by the report as the De20 fense Science Board considers appropriate. 

21 (c) DEFINITIONS.—In this section: 

22 (1) The term ‘‘rare earth’’ means the chemical 

23 elements in the periodic table beginning with lan24 thanum and continuing to lutetium, and any associ25 ated elements. 
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1 (2) The term ‘‘rare earth material’’ includes rare 

2 earth ores, semi-finished rare earth products, and 

3 components containing rare earth materials. 

4 SEC. 838. SMALL BUSINESS CONTRACTING PROGRAMS PAR5 ITY. 

6 Section 31(b)(2)(B) of the Small Business Act (15 

7 U.S.C. 657a(b)(2)(B)) is amended by striking ‘‘shall’’ and 

8 inserting ‘‘may’’. 

9 TITLE IX—DEPARTMENT OF DE10 FENSE ORGANIZATION AND 

11 MANAGEMENT 

12 Subtitle A—Department of Defense 

13 Management 

14 SEC. 901. DEPUTY UNDER SECRETARIES OF DEFENSE AND 

15 ASSISTANT SECRETARIES OF DEFENSE. 

16 (a) DEPUTY UNDER SECRETARIES OF DEFENSE.— 

17 Chapter 4 of title 10, United States Code, is amended by 

18 adding after section 137 the following new section: 

19 ‘‘§ 137a. Deputy Under Secretaries of Defense 

20 ‘‘(a)(1) There are five Deputy Under Secretaries of De21 fense. 

22 ‘‘(2)(A) The Deputy Under Secretaries of Defense re23 ferred to in paragraphs (1) through (3) of subsection (c) 

24 shall be appointed as provided in the applicable paragraph. 
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1 ‘‘(B) The Deputy Under Secretaries of Defense referred 

2 to in paragraphs (4) and (5) of subsection (c) shall be ap3 pointed from civilian life by the President, by and with 

4 the advice and consent of the Senate. 

5 ‘‘(3) The five Deputy Under Secretaries of Defense au6 thorized by this section are the only Deputy Under Secre7 taries of Defense. 

8 ‘‘(b) Each Deputy Under Secretary of Defense shall be 

9 the first assistant to an Under Secretary of Defense and 

10 shall assist such Under Secretary in the performance of the 

11 duties of the position of such Under Secretary and shall 

12 act for, and exercise the powers of, such Under Secretary 

13 when such Under Secretary is absent or disabled. 

14 ‘‘(c)(1) One of the Deputy Under Secretaries is the 

15 Principal Deputy Under Secretary of Defense for Acquisi16 tion, Technology, and Logistics appointed pursuant to sec17 tion 133a of this title. 

18 ‘‘(2) One of the Deputy Under Secretaries is the Prin19 cipal Deputy Under Secretary of Defense for Policy ap20 pointed pursuant to section 134a of this title. 

21 ‘‘(3) One of the Deputy Under Secretaries is the Prin22 cipal Deputy Under Secretary of Defense for Personnel and 

23 Readiness appointed pursuant to section 136a of this title. 
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1 ‘‘(4) One of the Deputy Under Secretaries shall be the 

2 Principal Deputy Under Secretary of Defense (Comp3 troller). 

4 ‘‘(5) One of the Deputy Under Secretaries shall be the 

5 Principal Deputy Under Secretary of Defense for Intel6 ligence. 

7 ‘‘(d) The Deputy Under Secretaries of Defense take 

8 precedence in the Department of Defense after the Secretary 

9 of Defense, the Deputy Secretary of Defense, the Secretaries 

10 of the military departments, the Under Secretaries of De11 fense, and the Deputy Chief Management Officer of the De12 partment of Defense.’’. 

13 (b) ASSISTANT SECRETARIES OF DEFENSE.— 

14 (1) REDESIGNATION OF DEPUTY UNDER SEC15 RETARY FOR LOGISTICS AND MATERIEL READINESS AS

16 ASSISTANT SECRETARY.—Chapter 4 of such title is 

17 further amended— 

18 (A) by transferring section 133b to appear 

19 after section 138 and redesignating such section, 

20 as so transferred, as section 138a; and 

21 (B) in such section, as so transferred and 

22 redesignated, by striking ‘‘Deputy Under Sec23 retary’’ each place it appears and inserting ‘‘As24 sistant Secretary’’. 
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1 (2) ADDITIONAL ASSISTANT SECRETARIES.—Sec2 tion 138 of such title is amended— 

3 (A) by striking subsection (a) and inserting 

4 the following new subsection (a): 

5 ‘‘(a)(1) There are 16 Assistant Secretaries of Defense. 

6 ‘‘(2)(A) The Assistant Secretary of Defense referred to 

7 in subsection (b)(7) shall be appointed as provided in that 

8 subsection. 

9 ‘‘(B) The other Assistant Secretaries of Defense shall 

10 be appointed from civilian life by the President, by and 

11 with the advice and consent of the Senate.’’; and 

12 (B) in subsection (b), by adding the fol13 lowing new paragraphs: 

14 ‘‘(6) One of the Assistant Secretaries shall be the As15 sistant Secretary of Defense for Acquisition. The Assistant 

16 Secretary of Defense for Acquisition is the principal adviser 

17 to the Secretary of Defense and the Under Secretary of De18 fense for Acquisition, Technology, and Logistics on matters 

19 relating to acquisition. 

20 ‘‘(7) One of the Assistant Secretaries is the Assistant 

21 Secretary of Defense for Logistics and Materiel Readiness 

22 appointed pursuant to section 138a of this title. In addition 

23 to any duties and powers prescribed under paragraph (1), 

24 the Assistant Secretary of Defense for Logistics and Mate-
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1 riel Readiness shall have the duties specified in section 138a 

2 of this title. 

3 ‘‘(8) One of the Assistant Secretaries shall be the As4 sistant Secretary of Defense for Installations and Environ5 ment. The Assistant Secretary of Defense for Installations 

6 and Environment is the principal adviser to the Secretary 

7 of Defense and the Under Secretary of Defense for Acquisi8 tion, Technology, and Logistics on matters relating to De9 partment of Defense installations and environmental pol10 icy. 

11 ‘‘(9) One of the Assistant Secretaries shall be the As12 sistant Secretary of Defense for Manufacturing and Indus13 trial Base. The Assistant Secretary of Defense for Manufac14 turing and Industrial Base is the principal adviser to the 

15 Secretary of Defense and the Under Secretary of Defense 

16 for Acquisition, Technology, and Logistics on policies relat17 ing to the defense industrial base, carrying out the require18 ments of chapter 148 of this title, and executing the authori19 ties provided by the Defense Production Act of 1950 (50 

20 U.S.C. App. 2061 et seq.). 

21 ‘‘(10) One of the Assistant Secretaries shall be the As22 sistant Secretary of Defense for Readiness. The Assistant 

23 Secretary of Defense for Readiness is the principal adviser 

24 to the Secretary of Defense and the Under Secretary of De-
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1 fense for Personnel and Readiness on matters relating to 

2 military readiness. 

3 ‘‘(11) One of the Assistant Secretaries shall be the As4 sistant Secretary of Defense for Strategy, Plans, and Forces. 

5 The Assistant Secretary of Defense for Strategy, Plans, and 

6 Forces is the principal adviser to the Secretary of Defense 

7 and the Under Secretary of Defense for Policy on matters 

8 relating to strategy, plans, and forces.’’. 

9 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

10 (1) CONFORMING AMENDMENTS.— 

11 (A) Section 133a of such title is amended— 

12 (i) by striking ‘‘Deputy Under Sec13 retary of Defense for Acquisition and Tech14 nology’’ each place it appears and inserting 

15 ‘‘Principal Deputy Under Secretary of De16 fense for Acquisition, Technology, and Lo17 gistics’’; and 

18 (ii) by striking ‘‘duties relating to ac19 quisition and technology’’ and inserting 

20 ‘‘duties’’. 

21 (B) Section 134a of such title is amended 

22 by striking ‘‘Deputy Under Secretary’’ each 

23 place it appears and inserting ‘‘Principal Dep24 uty Under Secretary’’. 

25 (C) Section 134b of such title is repealed. 
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1 (D) Section 136a of such title is amended 

2 by striking ‘‘Deputy Under Secretary’’ each 

3 place it appears and inserting ‘‘Principal Dep4 uty Under Secretary’’. 

5 (2) SECTION HEADING AMENDMENTS.— 

6 (A) The heading of section 133a of such title 

7 is amended to read as follows: 

8 ‘‘§ 133a. Principal Deputy Under Secretary of Defense 

9 for Acquisition, Technology, and Logis10 tics’’. 

11 (B) The heading of section 134a of such title 

12 is amended to read as follows: 

13 ‘‘§ 134a. Principal Deputy Under Secretary of Defense 

14 for Policy’’. 

15 (C) The heading of section 136a of such title 

16 is amended to read as follows: 

17 ‘‘§ 136a. Principal Deputy Under Secretary of Defense 

18 for Personnel and Readiness’’. 

19 (D) The heading of section 138a of such 

20 title, as transferred and redesignated by sub21 section (b)(1) of this section, is amended to read 

22 as follows: 
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1 ‘‘§ 138a. Assistant Secretary of Defense for Logistics 

2 and Materiel Readiness’’. 

3 (3) CLERICAL AMENDMENTS.—The table of sec4 tions at the beginning of chapter 4 of such title is 

5 amended— 

6 (A) by striking the item relating to section 

7 133a and inserting the following new item: 

‘‘133a. Principal Deputy Under Secretary of Defense for Acquisition, Technology, 

and Logistics.’’; 

8 (B) by striking the items relating to sections 

9 134a and 134b and inserting the following new 

10 item: 

‘‘134a. Principal Deputy Under Secretary of Defense for Policy.’’; 

11 (C) by striking the item relating to section 

12 136a and inserting the following new item: 

‘‘136a. Principal Deputy Under Secretary of Defense for Personnel and Readiness.’’; 

13 (D) by inserting after the item relating to 

14 section 137 the following new item: 

‘‘137a. Deputy Under Secretaries of Defense.’’; and 

15 (E) by inserting after the item relating to 

16 section 138 the following new item: 

‘‘138a. Assistant Secretary of Defense for Logistics and Materiel Readiness.’’. 

17 (d) EXECUTIVE SCHEDULE MATTERS.— 

18 (1) LEVEL III.—Section 5314 of title 5, United 

19 States Code, is amended by striking the item relating 

20 to the Deputy Under Secretary of Defense for Acquisi-
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1 tion and Technology and inserting the following new 

2 item: 

3 ‘‘Principal Deputy Under Secretary of Defense 

4 for Acquisition, Technology, and Logistics.’’. 

5 (2) LEVEL IV.—Section 5315 of such title is 

6 amended— 

7 (A) by striking the item relating to the As8 sistant Secretaries of Defense and inserting the 

9 following new item: 

10 ‘‘Assistant Secretaries of Defense (16).’’; and 

11 (B) by striking the items relating to the 

12 Deputy Under Secretary of Defense for Policy, 

13 the Deputy Under Secretary of Defense for Per14 sonnel and Readiness, and the Deputy Under 

15 Secretary of Defense for Logistics and Materiel 

16 Readiness and inserting the following new items: 

17 ‘‘Principal Deputy Under Secretary of Defense 

18 for Policy. 

19 ‘‘Principal Deputy Under Secretary of Defense 

20 for Personnel and Readiness. 

21 ‘‘Principal Deputy Under Secretary of Defense 

22 (Comptroller). 

23 ‘‘Principal Deputy Under Secretary of Defense 

24 for Intelligence.’’. 
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1 SEC. 902. REPEAL OF CERTAIN LIMITATIONS ON PER2 SONNEL AND CONSOLIDATION OF REPORTS 

3 ON MAJOR DEPARTMENT OF DEFENSE HEAD4 QUARTERS ACTIVITIES. 

5 (a) REPEAL OF CERTAIN LIMITATIONS ON PERSONNEL

6 ASSIGNED TO MAJOR HEADQUARTERS ACTIVITIES.— 

7 (1) REPEALS.—The following provisions of law 

8 are repealed: 

9 (A) Section 143 of title 10, United States 

10 Code. 

11 (B) Section 194 of such title. 

12 (C) Sections 3014(f), 5014(f), and 8014(f) of 

13 such title. 

14 (D) Section 601 of the Goldwater-Nichols 

15 Department of Defense Reorganization Act of 

16 1986 (10 U.S.C. 194 note). 

17 (2) CLERICAL AMENDMENTS.— 

18 (A) The table of sections at the beginning of 

19 chapter 4 of title 10, United States Code, is 

20 amended by striking the item relating to section 

21 143. 

22 (B) The table of sections at the beginning of 

23 subchapter I of chapter 8 of such title is amend24 ed by striking the item relating to section 194. 

25 (b) CONSOLIDATED ANNUAL REPORT.— 
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1 (1) INCLUSION IN ANNUAL DEFENSE MAPOWER

2 REQUIREMENTS REPORT.—Section 115a of such title 

3 is amended by inserting after subsection (e) the fol4 lowing new subsection: 

5 ‘‘(f) The Secretary shall also include in each such re6 port the following information with respect to personnel as7 signed to or supporting major Department of Defense head8 quarters activities: 

9 ‘‘(1) The military end strength and civilian full10 time equivalents assigned to major Department of De11 fense headquarters activities for the preceding fiscal 

12 year and estimates of such numbers for the current 

13 fiscal year and the budget fiscal year. 

14 ‘‘(2) A summary of the replacement during the 

15 preceding fiscal year of contract workyears providing 

16 support to major Department of Defense headquarters 

17 activities with military end strength or civilian full18 time equivalents, including an estimate of the number 

19 associated with the replacement of contracts per20 forming inherently governmental or exempt functions. 

21 ‘‘(3) The plan for the continued review of con22 tract personnel supporting major Department of De23 fense headquarters activities for possible conversion to 

24 military or civilian performance in accordance with 

25 section 2463 of this title.’’. 
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1 (2) TECHNICAL AMENDMENTS TO REFLECT NAME

2 OF REPORT.— 

3 (A) Subsection (a) of such section is amend4 ed by inserting ‘‘defense’’ before ‘‘manpower re5 quirements report’’. 

6 (B)(i) The heading of such section is 

7 amended to read as follows: 

8 ‘‘§ 115a. Annual defense manpower requirements re9 port’’. 

10 (ii) The item relating to such section in the 

11 table of sections at the beginning of chapter 2 of 

12 such title is amended to read as follows: 

‘‘1115a. Annual defense manpower requirements report.’’. 

13 (3) CONFORMING REPEALS.—The following pro14 visions of law are repealed: 

15 (A) Subsections (b) and (c) of section 901 of 

16 the National Defense Authorization Act for Fis17 cal Year 2008 (Public Law 110–181; 122 Stat. 

18 272). 

19 (B) Section 1111 of the Duncan Hunter Na20 tional Defense Authorization Act for Fiscal Year 

21 2009 (Public Law 110–417; 122 Stat. 4619). 
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1 SEC. 903. SENSE OF SENATE ON THE WESTERN HEMI2 SPHERE INSTITUTE FOR SECURITY COOPERA3 TION. 

4 (a) FINDINGS.—The Senate makes the following find5 ings: 

6 (1) The Western Hemisphere Institute for Secu7 rity Cooperation was established by section 911 of the 

8 Floyd D. Spence National Defense Authorization Act 

9 for Fiscal Year 2001 (as enacted into law by Public 

10 Law 106–398; 114 Stat. 1654A–226). 

11 (2) The Western Hemisphere Institute for Secu12 rity Cooperation provides professional education and 

13 training to military personnel, law enforcement offi14 cials, and civilian personnel in support of the demo15 cratic principles set forth in the Charter of the Orga16 nization of American States. The Institute effectively 

17 promotes mutual knowledge, transparency, confidence, 

18 and cooperation among participating nations. It also 

19 effectively builds strategic partnerships to address the 

20 great security challenges in the region while encour21 aging democratic values, respect for human rights, 

22 subordination to civilian authority, and under23 standing of United States customs and traditions. 

24 (3) The Western Hemisphere Institute for Secu25 rity Cooperation supports the Security Cooperation 

26 Guidance of the Secretary of Defense by addressing 
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1 the building partner capacity education and training 

2 needs of the United States Southern Command and 

3 the United States Northern Command. 

4 (4) In a joint letter, dated April 9, 2009, Gen5 eral Renuart, the Commander of the United States 

6 Northern Command, and Admiral Stavridis, the 

7 Commander of the United States Southern Command, 

8 write ‘‘[t]he outstanding service that WHINSEC pro9 vides directly supports the United States Southern 

10 Command’s and United States Northern Command’s 

11 strategic objective of fostering lasting partnerships 

12 that will ensure security, enhance stability, and en13 able prosperity throughout the Americas’’ and notes 

14 that the Institute provides ‘‘culturally-sensitive train15 ing, with a strong emphasis on the values of democ16 racy and human rights’’. 

17 (5) In establishing the Western Hemisphere In18 stitute for Security Cooperation, Congress mandates 

19 that participants at the Institute receive a minimum 

20 of 8 hours of instruction on human rights, due proc21 ess, the rule of law, the role of the Armed Forces in 

22 a democratic society, and civilian control of the mili23 tary. Every course devotes at least 10 percent of its 

24 course work to democracy, ethics, and human rights 

25 issues. The Institute is also required to develop a cur-
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1 riculum that includes leadership development, 

2 counterdrug operations, peacekeeping, resource man3 agement, and disaster relief planning. In fiscal year 

4 2008, the Institute presented 39 courses and hosted 

5 1,196 students in residence at Fort Benning, Georgia, 

6 of whom 292 were police personnel, and trained an 

7 additional 280 students through the Mobile Training 

8 Team programs of the Institute. 

9 (6) Congress mandated the formation of a Fed10 eral advisory committee—an oversight committee 

11 unique to the Western Hemisphere Institute for Secu12 rity Cooperation. It provides recommendations and 

13 an independent review of the Institute and its cur14 riculum to ensure the uniform adherence of the Insti15 tute to United States law, regulations, and policies. 

16 The Board of Visitors of the Institute includes the 

17 Chairman and Ranking Member of the Committee on 

18 Armed Services of the Senate, the Chairman and 

19 Ranking Member of the Committee on Armed Services 

20 of the House of Representatives, the Secretary of 

21 State, the Commander of the United States Southern 

22 Command, the Commander of the United States 

23 Northern Command, the Commander of the United 

24 States Training and Doctrine Command, and six 

25 members designated by the Secretary of Defense. The 
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1 six members designated by the Secretary of Defense 

2 include, to the extent practicable, individuals from 

3 academia and the religious and human rights com4 munities. In addition to the 13 members of the Board 

5 of Visitors, advisors and subject matter experts assist 

6 the Board in areas the Board considers necessary and 

7 appropriate. 

8 (7) The Western Hemisphere Institute for Secu9 rity Cooperation operates in accordance with section 

10 8130 of the Department of Defense Appropriations 

11 Act, 1999 (Public Law 105–262; 112 Stat. 2335) that 

12 prohibits United States military assistance to foreign 

13 military units that violate human rights, including 

14 security assistance programs funded through appro15 priations available for foreign operations and train16 ing programs funded through appropriations made 

17 available for the Department of Defense. 

18 (8) The Western Hemisphere Institute for Secu19 rity Cooperation does not select students for partici20 pation in its courses. A partner nation nominates 

21 students to attend the Institute, and in accordance 

22 with the law of the United States and the policies of 

23 the Department of Defense and the Department of 

24 State, the United States Embassy in such partner na25 tion screens and conducts background checks on such 
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1 nominees. The vetting process of nominees for partici2 pation in the Institute includes a background check 

3 by United States embassies in partner nations, as 

4 well as checks by the Bureau of Western Hemisphere 

5 Affairs and the Bureau of Democracy, Human 

6 Rights, and Labor at the Department of State. The 

7 Department of State also uses the Abuse Case Evalua8 tion System, a central database that aggregates 

9 human rights abuse data into a single, searchable lo10 cation, to ensure nominees have not been accused of 

11 any human rights abuses. 

12 (9) The training provided by the Western Hemi13 sphere Institute for Security Cooperation is trans14 parent and the Institute is open to visitors at any 

15 time. Visitors are welcome to sit in on classes, talk 

16 with students and faculty, and review instructional 

17 materials. Every year, the Institute hosts more than 

18 a thousand visiting students, faculty, civilian, and 

19 military officials. 

20 (b) SENSE OF SENATE.—It is the sense of the Senate 

21 that— 

22 (1) the Western Hemisphere Institute for Secu23 rity Cooperation— 

24 (A) offers quality professional military bi25 lingual instruction for military officers and non-
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1 commissioned officers that promotes democracy, 

2 subordination to civilian authority, and respect 

3 for human rights; and 

4 (B) is uniquely positioned to support the 

5 modernization of Latin America security forces 

6 as they work to transcend their own controver7 sial pasts; 

8 (2) the Western Hemisphere Institute for Secu9 rity Cooperation is building partner capacity which 

10 enhances regional and global security while encour11 aging respect for human rights and promoting demo12 cratic principles among eligible military personnel, 

13 law enforcement officials, and civilians of nations of 

14 the Western Hemisphere; 

15 (3) the Western Hemisphere Institute for Secu16 rity Cooperation is an invaluable education and 

17 training facility whose curriculum is not duplicated 

18 in any of the military departments and is not re19 placeable by professional military education funded 

20 by appropriations for International Military Edu21 cation and Training (IMET), which education is not 

22 conducted in Spanish and does not concentrate on re23 gional challenges; and 

24 (4) the Western Hemisphere Institute for Secu25 rity Cooperation is an essential tool to educate future 
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1 generations of Latin American leaders and improve 

2 United States relationships with partner nations that 

3 are working with the United States to promote de4 mocracy, prosperity, and stability in the Western 

5 Hemisphere. 

6 SEC. 904. REESTABLISHMENT OF POSITION OF VICE CHIEF 

7 OF THE NATIONAL GUARD BUREAU. 

8 (a) REESTABLISHMENT OF POSITION.— 

9 (1) IN GENERAL.—Chapter 1011 of title 10, 

10 United States Code, is amended— 

11 (A) by redesignating section 10505 as sec12 tion 10505a; and 

13 (B) by inserting after section 10504 the fol14 lowing new section 10505: 

15 ‘‘§ 10505. Vice Chief of the National Guard Bureau 

16 ‘‘(a) APPOINTMENT.—(1) There is a Vice Chief of the 

17 National Guard Bureau, selected by the Secretary of De18 fense from officers of the Army National Guard of the 

19 United States or the Air National Guard of the United 

20 States who— 

21 ‘‘(A) are recommended for such appointment by 

22 their respective Governors or, in the case of the Dis23 trict of Columbia, the commanding general of the Dis24 trict of Columbia National Guard; 
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1 ‘‘(B) have had at least 10 years of federally rec2 ognized service in an active status in the National 

3 Guard; and 

4 ‘‘(C) are in a grade above the grade of colonel. 

5 ‘‘(2) The Chief and Vice Chief of the National Guard 

6 Bureau may not both be members of the Army or of the 

7 Air Force. 

8 ‘‘(3)(A) Except as provided in subparagraph (B), an 

9 officer appointed as Vice Chief of the National Guard Bu10 reau serves for a term of four years, but may be removed 

11 from office at any time for cause. 

12 ‘‘(B) The term of the Vice Chief of the National Guard 

13 Bureau shall end within a reasonable time (as determined 

14 by the Secretary of Defense) following the appointment of 

15 a Chief of the National Guard Bureau who is a member 

16 of the same armed force as the Vice Chief. 

17 ‘‘(b) DUTIES.—The Vice Chief of the National Guard 

18 Bureau performs such duties as may be prescribed by the 

19 Chief of the National Guard Bureau. 

20 ‘‘(c) GRADE.—The Vice Chief of the National Guard 

21 Bureau shall be appointed to serve in a grade decided by 

22 the Secretary of Defense. 

23 ‘‘(d) FUNCTIONS AS ACTING CHIEF.—When there is a 

24 vacancy in the office of the Chief of the National Guard 

25 Bureau or in the absence or disability of the Chief, the Vice 
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1 Chief of the National Guard Bureau acts as Chief and per2 forms the duties of the Chief until a successor is appointed 

3 or the absence of disability ceases.’’. 

4 (2) CLERICAL AMENDMENT.—The table of sec5 tions at the beginning of chapter 1011 of such title is 

6 amended by striking the item relating to section 

7 10505 and inserting the following new items: 

‘‘10505. Vice Chief of the National Guard Bureau. 

‘‘10505a. Director of the Joint Staff of the National Guard Bureau.’’. 

8 (b) CONFORMING AMENDMENT.—Section 10506(a)(1) 

9 of such title is amended by striking ‘‘and the Director of 

10 the Joint Staff of the National Guard Bureau’’ and insert11 ing ‘‘, the Vice Chief of the National Guard Bureau, and 

12 the Director of the Joint Staff of the National Guard Bu13 reau’’. 

14 Subtitle B—Space Matters 

15 SEC. 911. PROVISION OF SPACE SITUATIONAL AWARENESS 

16 SERVICES AND INFORMATION TO NON17 UNITED STATES GOVERNMENT ENTITIES. 

18 (a) IN GENERAL.—Section 2274 of title 10, United 

19 States Code, is amended to read as follows: 

20 ‘‘§ 2274. Space situational awareness services and in21 formation: provision to non-United States 

22 Government entities 

23 ‘‘(a) AUTHORITY.—The Secretary of Defense may pro24 vide space situational awareness services and information 
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1 to, and may obtain space situational awareness data and 

2 information from, non-United States Government entities 

3 in accordance with this section. Any such action may be 

4 taken only if the Secretary determines that such action is 

5 consistent with the national security interests of the United 

6 States. 

7 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary may pro8 vide services and information under subsection (a) to, and 

9 may obtain data and information under subsection (a) 

10 from, any non-United States Government entity, including 

11 any of the following: 

12 ‘‘(1) A State. 

13 ‘‘(2) A political subdivision of a State. 

14 ‘‘(3) A United States commercial entity. 

15 ‘‘(4) The government of a foreign country. 

16 ‘‘(5) A foreign commercial entity. 

17 ‘‘(c) AGREEMENT.—The Secretary may not provide 

18 space situational awareness services and information under 

19 subsection (a) to a non-United States Government entity 

20 unless that entity enters into an agreement with the Sec21 retary under which the entity— 

22 ‘‘(1) agrees to pay an amount that may be 

23 charged by the Secretary under subsection (d); 

24 ‘‘(2) agrees not to transfer any data or technical 

25 information received under the agreement, including 
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1 the analysis of data, to any other entity without the 

2 express approval of the Secretary; and 

3 ‘‘(3) agrees to any other terms and conditions 

4 considered necessary by the Secretary. 

5 ‘‘(d) CHARGES.—(1) As a condition of an agreement 

6 under subsection (c), the Secretary may (except as provided 

7 in paragraph (2)) require the non-United States Govern8 ment entity entering into the agreement to pay to the De9 partment of Defense such amounts as the Secretary deter10 mines appropriate to reimburse the Department for the 

11 costs to the Department of providing space situational 

12 awareness services or information under the agreement. 

13 ‘‘(2) The Secretary may not require the government 

14 of a State, or of a political subdivision of a State, to pay 

15 any amount under paragraph (1). 

16 ‘‘(e) CREDITING OF FUNDS RECEIVED.—(1) Funds re17 ceived for the provision of space situational awareness serv18 ices or information pursuant to an agreement under this 

19 section shall be credited, at the election of the Secretary, 

20 to the following: 

21 ‘‘(A) The appropriation, fund, or account used 

22 in incurring the obligation. 

23 ‘‘(B) An appropriate appropriation, fund, or ac24 count currently available for the purposes for which 

25 the expenditures were made. 
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1 ‘‘(2) Funds credited under paragraph (1) shall be 

2 merged with, and remain available for obligation with, the 

3 funds in the appropriation, fund, or account to which cred4 ited. 

5 ‘‘(f) PROCEDURES.—The Secretary shall establish pro6 cedures by which the authority under this section shall be 

7 carried out. As part of those procedures, the Secretary may 

8 allow space situational awareness services or information 

9 to be provided through a contractor of the Department of 

10 Defense. 

11 ‘‘(g) NONDISCLOSURE.—Any information received 

12 under subsection (a), records of agreements entered into 

13 under subsection (c), and analyses or data provided as a 

14 part of the provision of services or information under this 

15 section shall be exempt from disclosure under section 

16 552(b)(3) of title 5. 

17 ‘‘(h) IMMUNITY.—The United States, any agencies and 

18 instrumentalities thereof, and any individuals, firms, cor19 porations, and other persons acting for the United States, 

20 shall be immune from any suit in any court for any cause 

21 of action arising from the provision or receipt of space situ22 ational awareness services or information, whether or not 

23 provided in accordance with this section, or any related ac24 tion or omission.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections at 

2 the beginning of chapter 135 of such title is amended by 

3 striking the item relating to section 2274 and inserting the 

4 following new item: 

‘‘2274. Space situational awareness services and information: provision to nonUnited States Government entities.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by this 

6 section shall take effect on October 1, 2009, or the date of 

7 the enactment of this Act, whichever is later. 

8 SEC. 912. PLAN FOR MANAGEMENT AND FUNDING OF NA9 TIONAL POLAR-ORBITING OPERATIONAL EN10 VIRONMENTAL SATELLITE SYSTEM PROGRAM. 

11 (a) IN GENERAL.—The Secretary of Defense, the Sec12 retary of Commerce, and the Administrator of the National 

13 Aeronautics and Space Administration shall jointly develop 

14 a plan for the management and funding of the National 

15 Polar-Orbiting Operational Environmental Satellite Sys16 tem Program (in this section referred to as the ‘‘Program’’) 

17 by the Department of Defense, the Department of Com18 merce, and the National Aeronautics and Space Adminis19 tration. 

20 (b) ELEMENTS.—The plan required under subsection 

21 (a) shall include the following: 

22 (1) Requirements for the Program. 

23 (2) The management structure of the Program. 
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1 (3) A funding profile for the Program for each 

2 year of the Program for the Department of Defense, 

3 the Department of Commerce, and the National Aero4 nautics and Space Administration. 

5 (c) LIMITATION ON USE OF FUNDS.—Of the amounts 

6 authorized to be appropriated for fiscal year 2010 by sec7 tion 201(a)(3) for research, development, test, and evalua8 tion for the Air Force and available for the Program, not 

9 more than 50 percent of such amounts may be obligated 

10 or expended before the date on which the plan developed 

11 under subsection (a) is submitted to the congressional de12 fense committees, the Committee on Commerce, Science, and 

13 Transportation of the Senate, and the Committee on Energy 

14 and Commerce of the House of Representatives. 

15 (d) SENSE OF SENATE.—It is the sense of the Senate 

16 that— 

17 (1) the National Polar-Orbiting Operational En18 vironmental Satellite System Program, including the 

19 sensors, satellites, and orbits included in the Program, 

20 should be maintained; 

21 (2) the National Polar-Orbiting Operational En22 vironmental Satellite System preparatory project 

23 should be managed and treated as an operational sat24 ellite; 
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1 (3) the responsibility of Department of Defense 

2 milestone decision authority for the Program should 

3 be delegated to the Department of Defense Executive 

4 Agent for Space, and the Department of Defense Exec5 utive Agent for Space should become the member of 

6 the Tri-Agency Executive Committee from the Depart7 ment of Defense; 

8 (4) the Program Executive Office of the Program 

9 should report directly to and take direction exclu10 sively from the Tri-Agency Executive Committee; 

11 (5) the acquisition procedures of the Department 

12 of Defense should continue to be used in the Program; 

13 (6) the Administrator of the National Aero14 nautics and Space Administration and the Secretary 

15 of the Air Force should make support from the God16 dard Space Flight Center and the Space and Missile 

17 Systems Center, respectively, available for the Pro18 gram, as needed; 

19 (7) the budget for the Program should not be less 

20 than the estimate of the Cost Analysis Improvement 

21 Group of the Department of Defense for the Program; 

22 (8) the Program should continue to be managed 

23 by a single program manager; 

24 (9) the Program should be managed as a long25 term operational program; and 
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1 (10) once all requirements for the Program are 

2 fully agreed to by the Secretary of Defense, the Sec3 retary of Commerce, and the Administrator of the Na4 tional Aeronautics and Space Administration, the 

5 Program should be executed with no modifications to 

6 those requirements that would increase the cost, or ex7 tend the schedule, of the Program. 

8 Subtitle C—Intelligence Matters 

9 SEC. 921. INCLUSION OF DEFENSE INTELLIGENCE AGENCY 

10 IN AUTHORITY TO USE PROCEEDS FROM 

11 COUNTERINTELLIGENCE OPERATIONS. 

12 (a) IN GENERAL.—Section 423 of title 10, United 

13 States Code, is amended by inserting ‘‘and the Defense In14 telligence Agency’’ after ‘‘the military departments’’ each 

15 place it appears in subsections (a) and (c). 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) HEADING AMENDMENT.—The heading of such 

18 section is amended to read as follows: 

19 ‘‘§ 423. Authority to use proceeds from counterintel20 ligence operations of the military depart21 ments and the Defense Intelligence Agen22 cy’’. 

23 (2) TABLE OF SECTIONS.—The table of sections 

24 at the beginning of chapter 21 of such title is amend-
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1 ed by striking the item relating to section 423 and in2 serting the following new item: 

‘‘423. Authority to use proceeds from counterintelligence operations of the military 

departments and the Defense Intelligence Agency.’’. 

3 Subtitle D—Other Matters 

4 SEC. 931. UNITED STATES MILITARY CANCER INSTITUTE. 

5 (a) ESTABLISHMENT.—Chapter 104 of title 10, United 

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

7 new section: 

8 ‘‘§ 2118. United States Military Cancer Institute 

9 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall 

10 establish in the University the United States Military Can11 cer Institute. The Institute shall be established pursuant to 

12 regulations prescribed by the Secretary. 

13 ‘‘(b) PURPOSES.—The purposes of the Institute are as 

14 follows: 

15 ‘‘(1) To establish and maintain a clearinghouse 

16 of data on the incidence and prevalence of cancer 

17 among members and former members of the armed 

18 forces. 

19 ‘‘(2) To conduct research that contributes to the 

20 detection or treatment of cancer among the members 

21 and former members of the armed forces. 

22 ‘‘(c) HEAD OF INSTITUTE.—The Director of the United 

23 States Military Cancer Institute is the head of the Institute. 
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1 The Director shall report to the President of the University 

2 regarding matters relating to the Institute. 

3 ‘‘(d) ELEMENTS.—(1) The Institute is composed of 

4 clinical and basic scientists in the Department of Defense 

5 who have an expertise in research, patient care, and edu6 cation relating to oncology and who meet applicable criteria 

7 for affiliation with the Institute. 

8 ‘‘(2) The components of the Institute include military 

9 treatment and research facilities that meet applicable cri10 teria and are designated as affiliates of the Institute. 

11 ‘‘(e) RESEARCH.—(1) The Director of the United 

12 States Military Cancer Institute shall carry out research 

13 studies on the following: 

14 ‘‘(A) The epidemiological features of cancer, in15 cluding assessments of the carcinogenic effect of ge16 netic and environmental factors, and of disparities in 

17 health, inherent or common among populations of 

18 various ethnic origins within the members of the 

19 armed forces. 

20 ‘‘(B) The prevention and early detection of can21 cer among members and former members of the armed 

22 forces. 

23 ‘‘(C) Basic, translational, and clinical investiga24 tion matters relating to the matters described in sub25 paragraphs (A) and (B). 
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1 ‘‘(2) The research studies under paragraph (1) shall 

2 include complementary research on oncologic nursing. 

3 ‘‘(f) COLLABORATIVE RESEARCH.—The Director of the 

4 United States Military Cancer Institute shall carry out the 

5 research studies under subsection (e) in collaboration with 

6 other cancer research organizations and entities selected by 

7 the Institute for purposes of the research studies. 

8 ‘‘(g) ANNUAL REPORT.—(1) Not later than November 

9 1 each year, the Director of the United States Military Can10 cer Institute shall submit to the President of the University 

11 a report on the current status of the research studies being 

12 carried out by the Institute under subsection (e). 

13 ‘‘(2) Not later than 60 days after receiving a report 

14 under paragraph (1), the President of the University shall 

15 transmit such report to the Secretary of Defense and to Con16 gress.’’. 

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

18 the beginning of chapter 104 of such title is amended by 

19 adding at the end the following new item: 

‘‘2118. United States Military Cancer Institute.’’. 

20 SEC. 932. INSTRUCTION OF PRIVATE SECTOR EMPLOYEES 

21 IN CYBER SECURITY COURSES OF THE DE22 FENSE CYBER INVESTIGATIONS TRAINING 

23 ACADEMY. 

24 (a) AUTHORITY TO RECEIVE INSTRUCTION.— 
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1 (1) IN GENERAL.—The Secretary of Defense may 

2 permit eligible private sector employees to enroll in 

3 and receive instruction at the Defense Cyber Inves4 tigations Training Academy operated under the direc5 tion of the Defense Cyber Crime Center. 

6 (2) LIMITATION.—Not more than the equivalent 

7 of 200 full-time student positions at the Defense Cyber 

8 Investigations Training Academy may be filled at 

9 any one time by private sector employees enrolled 

10 under this section. 

11 (3) CERTIFICATION.—Upon successful completion 

12 of a course of instruction at the Defense Cyber Inves13 tigations Training Academy under this section, a pri14 vate sector employee may be awarded an appropriate 

15 certification or diploma. 

16 (b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.— 

17 (1) IN GENERAL.—For purposes of this section, 

18 an eligible private sector employee is an individual 

19 employed by a private entity, as determined by the 

20 Secretary— 

21 (A) that is engaged in providing to the De22 partment of Defense or other departments or 

23 agencies of the Federal Government significant 

24 and substantial defense-related systems, products, 

25 or services; or 
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1 (B) whose work product is relevant to na2 tional security policy or strategy. 

3 (2) DURATION OF TREATMENT.—An individual 

4 is eligible for treatment as a private sector employee 

5 for purposes of this section only so long as the indi6 vidual remains employed by a private entity de7 scribed in paragraph (1). 

8 (c) CURRICULA OPEN TO ENROLLEES.—The curricula 

9 of instruction for which eligible private sector employees 

10 may enroll at the Defense Cyber Investigations Training 

11 Academy under this section may only include curricula of 

12 instruction otherwise offered by the Academy that, as deter13 mined by the Secretary, are not readily available through 

14 other educational institutions. 

15 (d) TUITION.—A private sector employee enrolled at 

16 the Defense Cyber Investigations Training Academy under 

17 this section shall be charged tuition at a rate equal to the 

18 rate charged for civilian employees of the Federal Govern19 ment at the Academy. 

20 (e) STANDARDS OF CONDUCT.—While receiving in21 struction at the Defense Cyber Investigations Training 

22 Academy under this section, private sector employees en23 rolled at the Academy under this section shall, to the extent 

24 practicable, be subject to the same regulations governing 

25 academic performance, attendance, norms of behavior, and 
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1 enrollment as apply to civilian employees of the Federal 

2 Government receiving instruction at the Academy. 

3 (f) USE OF FUNDS.—Notwithstanding section 3302 of 

4 title 31, United States Code, or any other provision of law, 

5 amounts received by the Defense Cyber Investigations 

6 Training Academy for the instruction of private sector em7 ployees enrolled under this section shall be retained by the 

8 Academy to defray the costs of such instruction. The source 

9 and disposition of funds so retained and utilized shall be 

10 specifically identified in records of the Academy. 

11 SEC. 933. PLAN ON ACCESS TO NATIONAL AIRSPACE FOR 

12 UNMANNED AIRCRAFT. 

13 (a) IN GENERAL.—The Secretary of Defense and the 

14 Secretary of Transportation shall, after consultation with 

15 the Secretary of Homeland Security, jointly develop a plan 

16 for providing access to the national airspace for unmanned 

17 aircraft of the Department of Defense. 

18 (b) ELEMENTS.—The plan required by subsection (a) 

19 shall include the following: 

20 (1) A description of how the Department of De21 fense and the Department of Transportation will com22 municate and cooperate, at the executive, manage23 ment, and action levels, to provide access to the na24 tional airspace for unmanned aircraft of the Depart25 ment of Defense. 
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1 (2) Specific milestones, aligned to operational 

2 and training needs, for providing access to the na3 tional airspace for unmanned aircraft and a transi4 tion plan for sites programmed to be activated as un5 manned aerial system sites during fiscal years 2010 

6 through 2015. 

7 (3) Recommendations for policies with respect to 

8 use of the national airspace, flight standards, and op9 erating procedures that should be implemented by the 

10 Department of Defense and the Department of Trans11 portation to accommodate unmanned aircraft as12 signed to any State or territory of the United States. 

13 (4) An identification of resources required by the 

14 Department of Defense and the Department of Trans15 portation to execute the plan. 

16 (c) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Secretary of Defense and 

18 the Secretary of Transportation shall submit to the congres19 sional defense committees, the Committee on Commerce, 

20 Science, and Transportation of the Senate, and the Com21 mittee on Transportation and Infrastructure of the House 

22 of Representatives a report containing the plan required by 

23 subsection (a). 
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1 TITLE X—GENERAL PROVISIONS 

2 Subtitle A—Financial Matters 

3 SEC. 1001. GENERAL TRANSFER AUTHORITY. 

4 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

5 (1) AUTHORITY.—Upon determination by the 

6 Secretary of Defense that such action is necessary in 

7 the national interest, the Secretary may transfer 

8 amounts of authorizations made available to the De9 partment of Defense in this division for fiscal year 

10 2010 between any such authorizations for that fiscal 

11 year (or any subdivisions thereof). Amounts of au12 thorizations so transferred shall be merged with and 

13 be available for the same purposes as the authoriza14 tion to which transferred. 

15 (2) LIMITATION.—Except as provided in para16 graph (3), the total amount of authorizations that the 

17 Secretary may transfer under the authority of this 

18 section may not exceed $4,000,000,000. 

19 (3) EXCEPTION FOR TRANSFERS BETWEEN MILI20 TARY PERSONNEL AUTHORIZATIONS.—A transfer of 

21 funds between military personnel authorizations 

22 under title IV shall not be counted toward the dollar 

23 limitation in paragraph (2). 

24 (b) LIMITATIONS.—The authority provided by this sec25 tion to transfer authorizations— 
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1 (1) may only be used to provide authority for 

2 items that have a higher priority than the items from 

3 which authority is transferred; and 

4 (2) may not be used to provide authority for an 

5 item that has been denied authorization by Congress. 

6 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans7 fer made from one account to another under the authority 

8 of this section shall be deemed to increase the amount au9 thorized for the account to which the amount is transferred 

10 by an amount equal to the amount transferred. 

11 (d) NOTICE TO CONGRESS.—The Secretary shall 

12 promptly notify Congress of each transfer made under sub13 section (a) 

14 SEC. 1002. AUDIT READINESS OF FINANCIAL STATEMENTS 

15 OF THE DEPARTMENT OF DEFENSE. 

16 (a) AUDIT READINESS OBJECTIVES.—It shall be the 

17 objective of the Department of Defense to ensure that— 

18 (1) the financial statements of the Department of 

19 the Army are validated as ready for audit by not 

20 later than March 31, 2017; 

21 (2) the financial statements of the Department of 

22 the Navy are validated as ready for audit by not later 

23 than March 31, 2016; 
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1 (3) the financial statements of the Department of 

2 the Air Force are validated as ready for audit by not 

3 later than September 30, 2016; 

4 (4) the financial statements of the Defense Logis5 tics Agency are validated as ready for audit by not 

6 later than September 30, 2017; and 

7 (5) the financial statements of the Department of 

8 Defense are validated as ready for audit by not later 

9 than September 30, 2017. 

10 (b) ADJUSTMENT OF DEADLINE FOR OBJECTIVES.— 

11 (1) IN GENERAL.—In the event that the appro12 priate chief management officer determines that the 

13 Department of Defense, a military department, or the 

14 Defense Logistics Agency will be unable to meet the 

15 deadline for an objective as specified in subsection 

16 (a), the chief management officer may adjust the 

17 deadline for meeting such objective. 

18 (2) REPORT.—Not later than 30 days after ad19 justing the deadline for an objective pursuant to 

20 paragraph (1), the chief management officer con21 cerned shall submit to the congressional defense com22 mittees a report setting forth— 

23 (A) a statement of the reasons why the De24 partment of Defense, the military department, or 
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1 the Defense Logistics Agency, as applicable, will 

2 be unable to meet the deadline for such objective; 

3 (B) a proposed completion date for the 

4 achievement of compliance with such objective; 

5 and 

6 (C) a description of the actions that have 

7 been taken and are planned to be taken by the 

8 Department of Defense, the military department, 

9 or the Defense Logistics Agency, as applicable, to 

10 meet such objective. 

11 (3) APPROPRIATE CHIEF MANAGEMENT OFFI12 CER.—For the purposes of this subsection, the appro13 priate chief management officer is as follows: 

14 (A) For the objective in subsection (a)(1), 

15 the Chief Management Officer of the Army. 

16 (B) For the objective in subsection (a)(2), 

17 the Chief Management Officer of the Navy. 

18 (C) For the objective in subsection (a)(3), 

19 the Chief Management Officer of the Air Force. 

20 (D) For the objective in subsection (a)(4), 

21 the Deputy Chief Management Officer of the De22 partment of Defense. 

23 (E) For the objective in subsection (a)(5), 

24 the Chief Management Officer of the Department 

25 of Defense. 
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1 (c) FINANCIAL IMPROVEMENT AUDIT READINESS

2 PLAN.— 

3 (1) IN GENERAL.—The Chief Management Offi4 cer of the Department of Defense shall, in consulta5 tion with the Under Secretary of Defense (Comp6 troller), develop and maintain a plan to be known as 

7 the ‘‘Financial Improvement and Audit Readiness 

8 Plan’’. 

9 (2) ELEMENTS.—The plan required by para10 graph (1) shall— 

11 (A) describe specific actions to be taken to— 

12 (i) correct financial management defi13 ciencies that impair the ability of the De14 partment of Defense to prepare timely, reli15 able, and complete financial management 

16 information; and 

17 (ii) meet the objectives specified in sub18 section (a); and 

19 (B) systematically tie the actions described 

20 under subparagraph (A) to process and control 

21 improvements and business systems moderniza22 tion efforts described in the business enterprise 

23 architecture and transition plan required by sec24 tion 2222 of title 10, United States Code. 
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1 (d) SEMI-ANNUAL REPORTS ON FINANCIAL IMPROVE2 MENT AND AUDIT READINESS PLAN.— 

3 (1) IN GENERAL.—Not later than May 15 and 

4 November 15 each year, the Under Secretary of De5 fense (Comptroller) shall submit to the congressional 

6 defense committees a report on the status of the imple7 mentation by the Department of Defense of the Fi8 nancial Improvement and Audit Readiness Plan re9 quired by subsection (c). 

10 (2) ELEMENTS.—Each report under paragraph 

11 (1) shall include, at a minimum— 

12 (A) an overview of the steps the Department 

13 has taken or plans to take to meet the objectives 

14 specified in subsection (a), including any in15 terim objectives established by the Department 

16 for that purpose; and 

17 (B) a description of any impediments iden18 tified in the efforts of the Department to meet 

19 such objectives, and of the actions the Depart20 ment has taken or plans to take to address such 

21 impediments. 

22 (3) ADDITIONAL ISSUES TO BE ADDRESSED IN

23 FIRST REPORT.—The first report submitted under 

24 paragraph (1) after the date of the enactment of this 

25 Act shall address, in addition to the elements required 
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1 by paragraph (2), the actions taken or to be taken by 

2 the Department as follows: 

3 (A) To develop standardized guidance for fi4 nancial improvement plans by components of the 

5 Department. 

6 (B) To establish a baseline of financial 

7 management capabilities and weaknesses at the 

8 component level of the Department. 

9 (C) To provide results-oriented metrics for 

10 measuring and reporting quantifiable results to11 ward addressing financial management defi12 ciencies. 

13 (D) To define the oversight roles of the Chief 

14 Management Officer of the Department of De15 fense, the chief management officers of the mili16 tary departments, and other appropriate ele17 ments of the Department to ensure that the re18 quirements of the Financial Improvement and 

19 Audit Readiness Plan are carried out. 

20 (E) To assign accountability for carrying 

21 out specific elements of the Financial Improve22 ment and Audit Readiness Plan to appropriate 

23 officials and organizations at the component 

24 level of the Department. 
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1 (F) To develop mechanisms to track budgets 

2 and expenditures for the implementation of the 

3 requirements of the Financial Improvement and 

4 Audit Readiness Plan. 

5 (e) RELATIONSHIP TO EXISTING LAW.—The require6 ments of this section shall be implemented in a manner that 

7 is consistent with the requirements of section 1008 of the 

8 National Defense Authorization Act for Fiscal Year 2002 

9 (Public Law 107–107; 115 Stat. 1204; 10 U.S.C. 2222 

10 note). 

11 Subtitle B—Naval Vessels and 

12 Shipyards 

13 SEC. 1011. TEMPORARY REDUCTION IN MINIMUM NUMBER 

14 OF AIRCRAFT CARRIERS IN ACTIVE SERVICE. 

15 Notwithstanding section 5062(b) of title 10, United 

16 States Code, during the period beginning on the date of the 

17 decommissioning of the U.S.S. Enterprise (CVN 65) and 

18 ending on the date of the commissioning into active service 

19 of the U.S.S. Gerald R. Ford (CVN 78), the number of oper20 ational aircraft carriers in the naval combat forces of the 

21 Navy may be 10. 
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1 SEC. 1012. REPEAL OF POLICY RELATING TO THE MAJOR 

2 COMBATANT VESSELS OF THE STRIKE 

3 FORCES OF THE UNITED STATES NAVY. 

4 Section 1012 of the National Defense Authorization 

5 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

6 303) is repealed. 

7 SEC. 1013. SENSE OF SENATE ON THE MAINTENANCE OF A 

8 313-SHIP NAVY. 

9 (a) FINDINGS.—The Senate makes the following find10 ings: 

11 (1) The Department of the Navy has a stated re12 quirement for a 313-ship fleet. 

13 (2) The Navy can better meet this requirement— 

14 (A) by procuring sufficient numbers of new 

15 ships; and 

16 (B) by ensuring the sound material condi17 tion of existing ships that will enable the Navy 

18 to utilize them for their full planned service 

19 lives. 

20 (3) When procuring new classes of ships, the 

21 Navy must exercise greater caution than it has exhib22 ited to date in proceeding from one stage of the acqui23 sition cycle to the next before a ship program has 

24 achieved a level of maturity that significantly lowers 

25 the risk of cost growth and schedule slippage. 
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1 (4) In retaining existing assets, the Navy can do 

2 a much better job of achieving the full planned service 

3 lives of ships and extending the service lives of certain 

4 ships so as to keep their unique capabilities in the 

5 fleet while the Navy takes the time necessary to de6 velop and field next-generation capabilities under a 

7 low risk program. 

8 (5) The Navy can undertake certain development 

9 approaches that can help the Navy control the total 

10 costs of ownership of a ship or class of ships, includ11 ing emphasizing common hull designs, open architec12 ture combat systems, and other common ship systems 

13 in order to achieve efficiency in acquiring and sup14 porting various classes of ships. 

15 (6) The Navy needs to continue its efforts toward 

16 achieving an open architecture for existing combat 

17 systems, as this will have great benefit in reducing the 

18 costs and risks of fielding new classes of ships, and 

19 will yield recurring savings from reducing the costs of 

20 buying later ships in a program and reducing life 

21 cycle support costs for ships and classes of ships. 

22 (7) The Navy can also undertake other measures 

23 to acquire new ships and maintain the current fleet 

24 with greater efficiency, including— 

25 (A) greater use of fixed-price contracts; 
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1 (B) maximizing competition (or the option 

2 of competition) throughout the life cycle of its 

3 ships; 

4 (C) entering into multiyear contracts when 

5 warranted; and 

6 (D) employing an incremental approach to 

7 developing new technologies. 

8 (b) SENSE OF SENATE.—It is the sense of the Senate 

9 that— 

10 (1) the Navy should meet its requirement for a 

11 313-ship fleet; 

12 (2) the Navy should take greater care to achieve 

13 the full planned service life of existing ships and re14 duce the incidence of early ship decommissioning; 

15 (3) the Navy should exercise greater restraint on 

16 the acquisition process for ships in order to achieve 

17 on-time, on-cost shipbuilding programs; and 

18 (4) Congress should support the Navy when it is 

19 acting responsibly to undertake measures that can 

20 help the Navy achieve the requirement for a 313-ship 

21 fleet and maintain a fleet that is adequate to meet the 

22 national security needs of the United States. 

23 SEC. 1014. DESIGNATION OF U.S.S. CONSTITUTION AS 

24 AMERICA’S SHIP OF STATE. 

25 (a) FINDINGS.—Congress makes the following findings: 
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1 (1) The 3rd Congress authorized, in the Act enti2 tled ‘‘An Act to Provide a Naval Armament’’, ap3 proved on March 27, 1794 (1 Stat. 350, Chap. XII), 

4 the construction of six frigates as the first ships to be 

5 built for the United States Navy. 

6 (2) One of the six frigates was built in Boston 

7 between 1794 and 1797, and is the only one of the 

8 original six ships to survive. 

9 (3) President George Washington named this 

10 frigate ‘‘Constitution’’ to represent the Nation’s 

11 founding document. 

12 (4) President Thomas Jefferson, asserting the 

13 right of the United States to trade on the high seas, 

14 dispatched the frigate Constitution in 1803 as the 

15 flagship of the Mediterranean Squadron to end the 

16 depredations of the Barbary States against United 

17 States ships and shipping, which led to a treaty being 

18 signed with the Bashaw of Tripoli in the Captain’s 

19 cabin aboard the frigate Constitution on June 4, 

20 1805. 

21 (5) The frigate Constitution, with her defeat of 

22 HMS Guerriere, secured the first major victory by the 

23 young United States Navy against the Royal Navy 

24 during the War of 1812, gaining in the process the 
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1 nickname ‘‘Old Ironsides’’, which she has proudly 

2 carried since. 

3 (6) Congress awarded gold medals to four of the 

4 ship’s commanding officers (Preble, Hull, Stewart, 

5 and Bainbridge), a record unmatched by any other 

6 United States Navy vessel. 

7 (7) The frigate Constitution emerged from the 

8 War of 1812 undefeated, having secured victories over 

9 three additional ships of the Royal Navy. 

10 (8) As early as May 1815, the frigate Constitu11 tion had already been adopted as a symbol of the 

12 young Republic, as attested by the [Washington] Na13 tional Intelligencer which proclaimed, ‘‘Let us keep 

14 ‘Old Ironsides’ at home. She has, literally become the 

15 Nation’s Ship . . . and should thus be preserved . . . 

16 in honorable pomp, as a glorious Monument of her 

17 own, and our other Naval Victories.’’. 

18 (9) Rumors in 1830 that ‘‘Old Ironsides,’’ an 

19 aging frigate, was about to be scrapped resulted in a 

20 public uproar demanding that the ship be restored 

21 and preserved, spurred by Oliver Wendell Holmes’ 

22 immortal poem ‘‘Old Ironsides’’. 

23 (10) ‘‘Old Ironsides’’ circumnavigated the world 

24 between 1844 and 1846, showing the American flag as 

25 she searched for future coaling stations that would 
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1 eventually fuel the steam-powered navy of the United 

2 States. 

3 (11) The first Pope to set foot on United States 

4 sovereign territory was Pius IX onboard the frigate 

5 Constitution in 1849. 

6 (12) ‘‘Old Ironsides’’ helped evacuate the United 

7 States Naval Academy from Annapolis, Maryland, to 

8 Newport, Rhode Island, in 1860 to prevent this es9 teemed ship from falling into Confederate hands. 

10 (13) Congressman John F. ‘‘Honey Fitz’’ Fitz11 gerald introduced legislation in 1896 to return ‘‘Old 

12 Ironsides’’ from the Portsmouth (New Hampshire) 

13 Naval Shipyard, where she was moored pier side and 

14 largely forgotten, to Boston for her 100th birthday. 

15 (14) Thousands of school children contributed 

16 pennies between 1925 an 1927 to help fund a much 

17 needed restoration for ‘‘Old Ironsides’’. 

18 (15) Between 1931 and 1934, more than 

19 4,500,000 Americans gained inspiration, at the depth 

20 of the Great Depression, by going aboard ‘‘Old Iron21 sides’’ as she was towed to 76 ports on the Atlantic, 

22 Gulf, and Pacific coasts. 

23 (16) The 83rd Congress enacted the Act of July 

24 23, 1954 (68 Stat. 527, chapter 565), which directed 

25 the Secretary of the Navy to transfer to the States 
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1 and appropriate commissions four other historic ships 

2 then on the Navy inventory, and to repair and equip 

3 U.S.S. Constitution, as much as practicable, to her 

4 original condition, but not for active service. 

5 (17) Queen Elizabeth II paid a formal visit to 

6 U.S.S. Constitution in 1976, at the start of her state 

7 visit marking the Bicentennial of the United States. 

8 (18) The U.S.S. Constitution, in celebration of 

9 her bicentennial, returned to sea under sail on July 

10 21, 1997 for the first time since 1881, proudly setting 

11 sails purchased by the contributions of thousands of 

12 pennies given by school children across the United 

13 States. 

14 (19) The U.S.S. Constitution is the oldest com15 missioned warship afloat in the world. 

16 (20) The U.S.S. Constitution is a National His17 toric Landmark. 

18 (21) The U.S.S. Constitution continues to per19 form official, ceremonial duties, including in recent 

20 years hosting a congressional dinner honoring the late 

21 Senator John Chafee of Rhode Island, a special salute 

22 for the dedication of the John Moakley Federal Court23 house, a luncheon honoring British Ambassador Sir 

24 David Manning, and a special underway demonstra-
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1 tion during which 60 Medal of Honor recipients each 

2 received a personal Medal of Honor flag. 

3 (22) The U.S.S. Constitution celebrated on Octo4 ber 21, 2007, the 210th anniversary of her launching. 

5 (23) The U.S.S. Constitution will remain a com6 missioned ship in the United States Navy, with the 

7 Navy retaining control of the ship, its material condi8 tion, and its employment. 

9 (24) The U.S.S. Constitution’s primary mission 

10 will remain education and public outreach, and any 

11 Ship of State functions will be an adjunct to the 

12 ship’s primary mission. 

13 (b) DESIGNATION AS AMERICA’S SHIP OF STATE.— 

14 (1) IN GENERAL.—The U.S.S. Constitution is 

15 hereby designated as ‘‘America’s Ship of State’’. 

16 (2) REFERENCES.—The U.S.S. Constitution may 

17 be known or referred to as ‘‘America’s Ship of State’’. 

18 (3) SENSE OF CONGRESS.—It is the sense of 

19 Congress that the President, Vice President, executive 

20 branch officials, and members of Congress should uti21 lize the U.S.S. Constitution for the conducting of per22 tinent matters of state, such as hosting visiting heads 

23 of state, signing legislation relating to the Armed 

24 Forces, and signing maritime related treaties. 
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1 (4) FEE OR REIMBURSEMENT STRUCTURE FOR

2 NON-DEPARTMENT OF THE NAVY USE.—The Secretary 

3 of the Navy shall determine an appropriate fee or re4 imbursement structure for any non-Department of the 

5 Navy entities using the U.S.S. Constitution for Ship 

6 of State purposes. 

7 Subtitle C—Counter-Drug Activities 

8 SEC. 1021. EXTENSION AND MODIFICATION OF AUTHORITY 

9 TO PROVIDE ADDITIONAL SUPPORT FOR 

10 COUNTER-DRUG ACTIVITIES OF CERTAIN 

11 FOREIGN GOVERNMENTS. 

12 (a) EXTENSION OF AUTHORITY.—Subsection (a)(2) of 

13 section 1033 of the National Defense Authorization Act for 

14 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1881), as 

15 amended by section 1021 of the National Defense Authoriza16 tion Act for Fiscal Year 2004 (Public Law 108–136; 117 

17 Stat. 1593), section 1022 of the John Warner National De18 fense Authorization Act for Fiscal Year 2007 (Public Law 

19 109–364; 120 Stat. 2137), section 1022 of the National De20 fense Authorization Act for Fiscal Year 2008 (Public Law 

21 110–181; 122 Stat. 304), and section 1024 of the Duncan 

22 Hunter National Defense Authorization Act for Fiscal Year 

23 2009 (Public Law 110–417; 122 Stat. 4587), is further 

24 amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 
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1 (b) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub2 section (e)(2) of such section is amended— 

3 (1) by striking ‘‘or’’ before ‘‘$75,000,000’’; and 

4 (2) by striking the period at the end and insert5 ing ‘‘, or $100,000,000 during fiscal year 2010.’’. 

6 (c) CONDITIONS ON PROVISION OF SUPPORT.—Sub7 section (f)(2) of such section is amended in the matter pre8 ceding subparagraph (A) by striking ‘‘for fiscal year 2009 

9 to carry out this section and the first fiscal year in which 

10 the support is to be provided’’ and inserting ‘‘and available 

11 for support’’. 

12 (d) COUNTER-DRUG PLAN.—Subsection (h) of such 

13 section is amended— 

14 (1) in the matter preceding paragraph (1), by 

15 striking ‘‘fiscal year 2009’’ and inserting ‘‘for each 

16 fiscal year’’; and 

17 (2) in paragraph (7), by striking ‘‘fiscal year 

18 2009, and thereafter, for the first fiscal year in which 

19 support is to be provided’’ and inserting ‘‘each fiscal 

20 year in which support is to be provided a govern21 ment’’. 
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1 SEC. 1022. ONE-YEAR EXTENSION OF AUTHORITY FOR 

2 JOINT TASK FORCES SUPPORT TO LAW EN3 FORCEMENT AGENCIES CONDUCTING 

4 COUNTER-TERRORISM ACTIVITIES. 

5 (a) ONE-YEAR EXTENSION.—Subsection (b) of section 

6 1022 of the National Defense Authorization Act for Fiscal 

7 Year 2004 (10 U.S.C. 371 note) is amended by striking 

8 ‘‘2009’’ and inserting ‘‘2010’’. 

9 (b) ANNUAL REPORT.—Subsection (c) of such section 

10 is amended to read as follows: 

11 ‘‘(c) ANNUAL REPORT.—Not later than December 31 

12 of each year after 2008 in which the authority in subsection 

13 (a) is in effect, the Secretary of Defense shall submit to the 

14 congressional defense committees a report setting forth, for 

15 the one-year period ending on the date of such report, the 

16 following: 

17 ‘‘(1) An assessment of the effect on counter-drug 

18 and counter-terrorism activities and objectives of 

19 using counter-drug funds of a joint task force to pro20 vide counterterrorism support authorized by sub21 section (a). 

22 ‘‘(2) A description of the type of support and 

23 any recipient of support provided under subsection 

24 (a). 

25 ‘‘(3) A list of current joint task forces conducting 

26 counter-drug operations.’’. 
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1 SEC. 1023. ONE-YEAR EXTENSION OF AUTHORITY TO SUP2 PORT UNIFIED COUNTER-DRUG AND 

3 COUNTERTERRORISM CAMPAIGN IN COLOM4 BIA. 

5 Section 1021 of the Ronald W. Reagan National De6 fense Authorization Act for Fiscal Year 2005 (Public Law 

7 108–375; 118 Stat. 2042), as amended by section 1023 of 

8 the John Warner National Defense Authorization Act for 

9 Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2382) 

10 and section 1023 of the Duncan Hunter National Defense 

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

12 417; 122 Stat. 4586), is further amended— 

13 (1) in subsection (a)(1), by striking ‘‘2009’’ and 

14 inserting ‘‘2010’’; and 

15 (2) in subsection (c), by striking ‘‘2009’’ and in16 serting ‘‘2010’’. 

17 Subtitle D—Military Commissions 

18 SEC. 1031. MILITARY COMMISSIONS. 

19 (a) IN GENERAL.—Chapter 47A of title 10, United 

20 States Code, is amended to read as follows: 

21 ‘‘CHAPTER 47A—MILITARY COMMISSIONS 

‘‘SUBCHAPTER Sec. 

‘‘I. General Provisions ..................................................................................... 948a. 

‘‘II. Composition of Military Commissions ................................................... 948h. 

‘‘III. Pre-Trial Procedure ................................................................................ 948q. 

‘‘IV. Trial Procedure ........................................................................................ 949a. 

‘‘V. Classified Information Procedures ........................................................... 949p–1. 

‘‘VI. Sentences .................................................................................................. 949s. 

‘‘VII. Post-Trial Procedures and Review of Military Commissions ............ 950a. 

‘‘VIII. Punitive Matters ................................................................................... 950p. 
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1 ‘‘SUBCHAPTER I—GENERAL PROVISIONS 

‘‘Sec. 

‘‘948a. Definitions. 

‘‘948b. Military commissions generally. 

‘‘948c. Persons subject to military commissions. 

‘‘948d. Jurisdiction of military commissions. 

2 ‘‘§ 948a. Definitions 

3 ‘‘In this chapter: 

4 ‘‘(1) ALIEN.—The term ‘alien’ means an indi5 vidual who is not a citizen of the United States. 

6 ‘‘(2) CLASSIFIED INFORMATION.—The term ‘clas7 sified information’ means the following: 

8 ‘‘(A) Any information or material that has 

9 been determined by the United States Govern10 ment pursuant to statute, Executive order, or 

11 regulation to require protection against unau12 thorized disclosure for reasons of national secu13 rity. 

14 ‘‘(B) Any restricted data, as that term is 

15 defined in section 11 y. of the Atomic Energy 

16 Act of 1954 (42 U.S.C. 2014(y)). 

17 ‘‘(3) COALITION PARTNER.—The term ‘coalition 

18 partner’, with respect to hostilities engaged in by the 

19 United States, means any State or armed force di20 rectly engaged along with the United States in such 

21 hostilities or providing direct operational support to 

22 the United States in connection with such hostilities. 
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1 ‘‘(4) GENEVA CONVENTION RELATIVE TO THE

2 TREATMENT OF PRISONERS OF WAR.—The term ‘Ge3 neva Convention Relative to the Treatment of Pris4 oners of War’ means the Convention Relative to the 

5 Treatment of Prisoners of War, done at Geneva Au6 gust 12, 1949 (6 UST 3316). 

7 ‘‘(5) GENEVA CONVENTIONS.—The term ‘Geneva 

8 Conventions’ means the international conventions 

9 signed at Geneva on August 12, 1949. 

10 ‘‘(6) PRIVILEGED BELLIGERENT.—The term 

11 ‘privileged belligerent’ means an individual belonging 

12 to one of the eight categories enumerated in Article 4 

13 of the Geneva Convention Relative to the Treatment 

14 of Prisoners of War. 

15 ‘‘(7) UNPRIVILEGED ENEMY BELLIGERENT.—The 

16 term ‘unprivileged enemy belligerent’ means an indi17 vidual (other than a privileged belligerent) who— 

18 ‘‘(A) has engaged in hostilities against the 

19 United States or its coalition partners; 

20 ‘‘(B) has purposefully and materially sup21 ported hostilities against the United States or its 

22 coalition partners; or 

23 ‘‘(C) is a member of al Qaeda. 
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1 ‘‘(8) NATIONAL SECURITY.—The term ‘national 

2 security’ means the national defense and foreign rela3 tions of the United States. 

4 ‘‘§ 948b. Military commissions generally 

5 ‘‘(a) PURPOSE.—This chapter establishes procedures 

6 governing the use of military commissions to try alien 

7 unprivileged enemy belligerents for violations of the law of 

8 war and other offenses triable by military commission. 

9 ‘‘(b) AUTHORITY FOR MILITARY COMMISSIONS UNDER

10 THIS CHAPTER.—The President is authorized to establish 

11 military commissions under this chapter for offenses triable 

12 by military commission as provided in this chapter. 

13 ‘‘(c) CONSTRUCTION OF PROVISIONS.—The procedures 

14 for military commissions set forth in this chapter are based 

15 upon the procedures for trial by general courts-martial 

16 under chapter 47 of this title (the Uniform Code of Military 

17 Justice). Chapter 47 of this title does not, by its terms, 

18 apply to trial by military commission except as specifically 

19 provided therein or in this chapter, and many of the provi20 sions of chapter 47 of this title are by their terms inappli21 cable to military commissions. The judicial construction 

22 and application of chapter 47 of this title, while instructive, 

23 is therefore not of its own force binding on military com24 missions established under this chapter. 
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1 ‘‘(d) INAPPLICABILITY OF CERTAIN PROVISIONS.—(1) 

2 The following provisions of this title shall not apply to trial 

3 by military commission under this chapter: 

4 ‘‘(A) Section 810 (article 10 of the Uniform Code 

5 of Military Justice), relating to speedy trial, includ6 ing any rule of courts-martial relating to speedy 

7 trial. 

8 ‘‘(B) Sections 831(a), (b), and (d) (articles 

9 31(a), (b), and (d) of the Uniform Code of Military 

10 Justice), relating to compulsory self-incrimination. 

11 ‘‘(C) Section 832 (article 32 of the Uniform Code 

12 of Military Justice), relating to pretrial investigation. 

13 ‘‘(2) Other provisions of chapter 47 of this title shall 

14 apply to trial by military commission under this chapter 

15 only to the extent provided by the terms of such provisions 

16 or by this chapter. 

17 ‘‘(e) TREATMENT OF RULINGS AND PRECEDENTS.— 

18 The findings, holdings, interpretations, and other prece19 dents of military commissions under this chapter may not 

20 be introduced or considered in any hearing, trial, or other 

21 proceeding of a court-martial convened under chapter 47 

22 of this title. The findings, holdings, interpretations, and 

23 other precedents of military commissions under this chapter 

24 may not form the basis of any holding, decision, or other 
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1 determination of a court-martial convened under that chap2 ter. 

3 ‘‘(f) GENEVA CONVENTIONS NOT ESTABLISHING PRI4 VATE RIGHT OF ACTION.—No alien unprivileged enemy bel5 ligerent subject to trial by military commission under this 

6 chapter may invoke the Geneva Conventions as a basis for 

7 a private right of action. 

8 ‘‘§ 948c. Persons subject to military commissions 

9 ‘‘Any alien unprivileged enemy belligerent having en10 gaged in hostilities or having supported hostilities against 

11 the United States is subject to trial by military commission 

12 as set forth in this chapter. 

13 ‘‘§ 948d. Jurisdiction of military commissions 

14 ‘‘A military commission under this chapter shall have 

15 jurisdiction to try persons subject to this chapter for any 

16 offense made punishable by this chapter, sections 904 and 

17 906 of this title (articles 104 and 106 of the Uniform Code 

18 of Military Justice), or the law of war, and may, under 

19 such limitations as the President may prescribe, adjudge 

20 any punishment not forbidden by this chapter, including 

21 the penalty of death when specifically authorized under this 

22 chapter. A military commission is a competent tribunal to 

23 make a finding sufficient for jurisdiction. 
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1 ‘‘SUBCHAPTER II—COMPOSITION OF MILITARY 

2 COMMISSIONS 

‘‘Sec. 

‘‘948h. Who may convene military commissions. 

‘‘948i. Who may serve on military commissions. 

‘‘948j. Military judge of a military commission. 

‘‘948k. Detail of trial counsel and defense counsel. 

‘‘948l. Detail or employment of reporters and interpreters. 

‘‘948m. Number of members; excuse of members; absent and additional members. 

3 ‘‘§ 948h. Who may convene military commissions 

4 ‘‘Military commissions under this chapter may be con5 vened by the Secretary of Defense or by any officer or offi6 cial of the United States designated by the Secretary for 

7 that purpose. 

8 ‘‘§ 948i. Who may serve on military commissions 

9 ‘‘(a) IN GENERAL.—Any commissioned officer of the 

10 armed forces on active duty is eligible to serve on a military 

11 commission under this chapter, including commissioned of12 ficers of the reserve components of the armed forces on active 

13 duty, commissioned officers of the National Guard on active 

14 duty in Federal service, or retired commissioned officers re15 called to active duty. 

16 ‘‘(b) DETAIL OF MEMBERS.—When convening a mili17 tary commission under this chapter, the convening author18 ity shall detail as members thereof such members of the 

19 armed forces eligible under subsection (a) who, as in the 

20 opinion of the convening authority, are best qualified for 

21 the duty by reason of age, education, training, experience, 

22 length of service, and judicial temperament. No member of 
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1 an armed force is eligible to serve as a member of a military 

2 commission when such member is the accuser or a witness 

3 for the prosecution or has acted as an investigator or coun4 sel in the same case. 

5 ‘‘(c) EXCUSE OF MEMBERS.—Before a military com6 mission under this chapter is assembled for the trial of a 

7 case, the convening authority may excuse a member from 

8 participating in the case. 

9 ‘‘§ 948j. Military judge of a military commission 

10 ‘‘(a) DETAIL OF MILITARY JUDGE.—A military judge 

11 shall be detailed to each military commission under this 

12 chapter. The Secretary of Defense shall prescribe regulations 

13 providing for the manner in which military judges are so 

14 detailed to military commissions. The military judge shall 

15 preside over each military commission to which he has been 

16 detailed. 

17 ‘‘(b) ELIGIBILITY.—A military judge shall be a com18 missioned officer of the armed forces who is a member of 

19 the bar of a Federal court, or a member of the bar of the 

20 highest court of a State, and who is certified to be qualified 

21 for duty under section 826 of this title (article 26 of the 

22 Uniform Code of Military Justice) as a military judge in 

23 general courts-martial by the Judge Advocate General of the 

24 armed force of which such military judge is a member. 
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1 ‘‘(c) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 

2 person is eligible to act as military judge in a case of a 

3 military commission under this chapter if he is the accuser 

4 or a witness or has acted as investigator or a counsel in 

5 the same case. 

6 ‘‘(d) CONSULTATION WITH MEMBERS; INELIGIBILITY

7 TO VOTE.—A military judge detailed to a military commis8 sion under this chapter may not consult with the members 

9 except in the presence of the accused (except as otherwise 

10 provided in section 949d of this title), trial counsel, and 

11 defense counsel, nor may he vote with the members. 

12 ‘‘(e) OTHER DUTIES.—A commissioned officer who is 

13 certified to be qualified for duty as a military judge of a 

14 military commission under this chapter may perform such 

15 other duties as are assigned to him by or with the approval 

16 of the Judge Advocate General of the armed force of which 

17 such officer is a member or the designee of such Judge Advo18 cate General. 

19 ‘‘(f) PROHIBITION ON EVALUATION OF FITNESS BY

20 CONVENING AUTHORITY.—The convening authority of a 

21 military commission under this chapter shall not prepare 

22 or review any report concerning the effectiveness, fitness, 

23 or efficiency of a military judge detailed to the military 

24 commission which relates to his performance of duty as a 

25 military judge on the military commission. 
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1 ‘‘§ 948k. Detail of trial counsel and defense counsel 

2 ‘‘(a) DETAIL OF COUNSEL GENERALLY.—(1) Trial 

3 counsel and military defense counsel shall be detailed for 

4 each military commission under this chapter. 

5 ‘‘(2) Assistant trial counsel and assistant and asso6 ciate defense counsel may be detailed for a military commis7 sion under this chapter. 

8 ‘‘(3) Military defense counsel for a military commis9 sion under this chapter shall be detailed as soon as prac10 ticable. 

11 ‘‘(4) The Secretary of Defense shall prescribe regula12 tions providing for the manner in which trial counsel and 

13 military defense counsel are detailed for military commis14 sions under this chapter and for the persons who are au15 thorized to detail such counsel for such military commis16 sions. 

17 ‘‘(b) TRIAL COUNSEL.—Subject to subsection (e), trial 

18 counsel detailed for a military commission under this chap19 ter must be— 

20 ‘‘(1) a judge advocate (as that term is defined in 

21 section 801 of this title (article 1 of the Uniform Code 

22 of Military Justice)) who is— 

23 ‘‘(A) a graduate of an accredited law school 

24 or is a member of the bar of a Federal court or 

25 of the highest court of a State; and 
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1 ‘‘(B) certified as competent to perform du2 ties as trial counsel before general courts-martial 

3 by the Judge Advocate General of the armed 

4 force of which he is a member; or 

5 ‘‘(2) a civilian who is— 

6 ‘‘(A) a member of the bar of a Federal court 

7 or of the highest court of a State; and 

8 ‘‘(B) otherwise qualified to practice before 

9 the military commission pursuant to regulations 

10 prescribed by the Secretary of Defense. 

11 ‘‘(c) MILITARY DEFENSE COUNSEL.—Subject to sub12 section (e), military defense counsel detailed for a military 

13 commission under this chapter must be a judge advocate 

14 (as so defined) who is— 

15 ‘‘(1) a graduate of an accredited law school or is 

16 a member of the bar of a Federal court or of the high17 est court of a State; and 

18 ‘‘(2) certified as competent to perform duties as 

19 defense counsel before general courts-martial by the 

20 Judge Advocate General of the armed force of which 

21 he is a member. 

22 ‘‘(d) CHIEF PROSECUTOR; CHIEF DEFENSE COUN23 SEL.—(1) The Chief Prosecutor in a military commission 

24 under this chapter shall meet the requirements set forth in 

25 subsection (b)(1). 
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1 ‘‘(2) The Chief Defense Counsel in a military commis2 sion under this chapter shall meet the requirements set forth 

3 in subsection (c)(1). 

4 ‘‘(e) INELIGIBILITY OF CERTAIN INDIVIDUALS.—No 

5 person who has acted as an investigator, military judge, 

6 or member of a military commission under this chapter in 

7 any case may act later as trial counsel or military defense 

8 counsel in the same case. No person who has acted for the 

9 prosecution before a military commission under this chap10 ter may act later in the same case for the defense, nor may 

11 any person who has acted for the defense before a military 

12 commission under this chapter act later in the same case 

13 for the prosecution. 

14 ‘‘§ 948l. Detail or employment of reporters and inter15 preters 

16 ‘‘(a) COURT REPORTERS.—Under such regulations as 

17 the Secretary of Defense may prescribe, the convening au18 thority of a military commission under this chapter shall 

19 detail to or employ for the military commission qualified 

20 court reporters, who shall prepare a verbatim record of the 

21 proceedings of and testimony taken before the military com22 mission. 

23 ‘‘(b) INTERPRETERS.—Under such regulations as the 

24 Secretary of Defense may prescribe, the convening authority 

25 of a military commission under this chapter may detail to 
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1 or employ for the military commission interpreters who 

2 shall interpret for the military commission, and, as nec3 essary, for trial counsel and defense counsel for the military 

4 commission, and for the accused. 

5 ‘‘(c) TRANSCRIPT; RECORD.—The transcript of a mili6 tary commission under this chapter shall be under the con7 trol of the convening authority of the military commission, 

8 who shall also be responsible for preparing the record of 

9 the proceedings of the military commission. 

10 ‘‘§ 948m. Number of members; excuse of members; ab11 sent and additional members 

12 ‘‘(a) NUMBER OF MEMBERS.—(1) A military commis13 sion under this chapter shall, except as provided in para14 graph (2), have at least five members. 

15 ‘‘(2) In a case in which the accused before a military 

16 commission under this chapter may be sentenced to a pen17 alty of death, the military commission shall have the num18 ber of members prescribed by section 949m(c) of this title. 

19 ‘‘(b) EXCUSE OF MEMBERS.—No member of a military 

20 commission under this chapter may be absent or excused 

21 after the military commission has been assembled for the 

22 trial of a case unless excused— 

23 ‘‘(1) as a result of challenge; 

24 ‘‘(2) by the military judge for physical disability 

25 or other good cause; or 
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1 ‘‘(3) by order of the convening authority for good 

2 cause. 

3 ‘‘(c) ABSENT AND ADDITIONAL MEMBERS.—Whenever 

4 a military commission under this chapter is reduced below 

5 the number of members required by subsection (a), the trial 

6 may not proceed unless the convening authority details new 

7 members sufficient to provide not less than such number. 

8 The trial may proceed with the new members present after 

9 the recorded evidence previously introduced before the mem10 bers has been read to the military commission in the pres11 ence of the military judge, the accused (except as provided 

12 in section 949d of this title), and counsel for both sides. 

13 ‘‘SUBCHAPTER III—PRE-TRIAL PROCEDURE 

‘‘Sec. 

‘‘948q. Charges and specifications. 

‘‘948r. Compulsory self-incrimination prohibited; statements obtained by torture 

or cruel, inhuman, or degrading treatment. 

‘‘948s. Service of charges. 

14 ‘‘§ 948q. Charges and specifications 

15 ‘‘(a) CHARGES AND SPECIFICATIONS.—Charges and 

16 specifications against an accused in a military commission 

17 under this chapter shall be signed by a person subject to 

18 chapter 47 of this title under oath before a commissioned 

19 officer of the armed forces authorized to administer oaths 

20 and shall state— 

21 ‘‘(1) that the signer has personal knowledge of, or 

22 reason to believe, the matters set forth therein; and 
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1 ‘‘(2) that they are true in fact to the best of his 

2 knowledge and belief. 

3 ‘‘(b) NOTICE TO ACCUSED.—Upon the swearing of the 

4 charges and specifications in accordance with subsection 

5 (a), the accused shall be informed of the charges and speci6 fications against him as soon as practicable. 

7 ‘‘§ 948r. Compulsory self-incrimination prohibited; 

8 statements obtained by torture or cruel, 

9 inhuman, or degrading treatment 

10 ‘‘(a) IN GENERAL.—No person shall be required to tes11 tify against himself at a proceeding of a military commis12 sion under this chapter. 

13 ‘‘(b) STATEMENTS OBTAINED BY TORTURE.—A state14 ment obtained by use of torture, whether or not under color 

15 of law, shall not be admissible in a trial by military com16 mission under this chapter, except against a person accused 

17 of torture as evidence the statement was made. 

18 ‘‘(c) STATEMENTS OBTAINED THROUGH CRUEL, INHU19 MAN, OR DEGRADING TREATMENT.—A statement in which 

20 the degree of coercion is disputed may be admissible in a 

21 trial by military commission under this chapter only if the 

22 military judge finds that— 

23 ‘‘(1) the totality of the circumstances renders the 

24 statement reliable and possessing sufficient probative 

25 value; 
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1 ‘‘(2) the interests of justice would best be served 

2 by admission of the statement into evidence; and 

3 ‘‘(3) the interrogation methods used to obtain the 

4 statement do not amount to cruel, inhuman, or de5 grading treatment prohibited by section 1003 of the 

6 Detainee Treatment Act of 2005 (42 U.S.C. 2000dd). 

7 ‘‘§ 948s. Service of charges 

8 ‘‘The trial counsel assigned to a case before a military 

9 commission under this chapter shall cause to be served upon 

10 the accused and military defense counsel a copy of the 

11 charges upon which trial is to be had in English and, if 

12 appropriate, in another language that the accused under13 stands, sufficiently in advance of trial to prepare a defense. 

14 ‘‘SUBCHAPTER IV—TRIAL PROCEDURE 

‘‘Sec. 

‘‘949a. Rules. 

‘‘949b. Unlawfully influencing action of military commission. 

‘‘949c. Duties of trial counsel and defense counsel. 

‘‘949d. Sessions. 

‘‘949e. Continuances. 

‘‘949f. Challenges. 

‘‘949g. Oaths. 

‘‘949h. Former jeopardy. 

‘‘949i. Pleas of the accused. 

‘‘949j. Opportunity to obtain witnesses and other evidence. 

‘‘949k. Defense of lack of mental responsibility. 

‘‘949l. Voting and rulings. 

‘‘949m. Number of votes required. 

‘‘949n. Military commission to announce action. 

‘‘949o. Record of trial. 

15 ‘‘§ 949a. Rules 

16 ‘‘(a) PROCEDURES AND RULES OF EVIDENCE.—Pre17 trial, trial, and post-trial procedures, including elements 

18 and modes of proof, for cases triable by military commis-
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1 sion under this chapter may be prescribed by the Secretary 

2 of Defense. Such procedures may not be contrary to or in3 consistent with this chapter. Except as otherwise provided 

4 in this chapter or chapter 47 of this title, the procedures 

5 and rules of evidence applicable in trials by general courts6 martial of the United States shall apply in trials by mili7 tary commission under this chapter. 

8 ‘‘(b) EXCEPTIONS.—(1) The Secretary of Defense, in 

9 consultation with the Attorney General, may make such ex10 ceptions in the applicability in trials by military commis11 sion under this chapter from the procedures and rules of 

12 evidence otherwise applicable in general courts-martial as 

13 may be required by the unique circumstances of the conduct 

14 of military and intelligence operations during hostilities or 

15 by other practical need. 

16 ‘‘(2) Notwithstanding any exceptions authorized by 

17 paragraph (1), the procedures and rules of evidence in trials 

18 by military commission under this chapter shall include, 

19 at a minimum, the following rights: 

20 ‘‘(A) To present evidence in his defense, to cross21 examine the witnesses who testify against him, and to 

22 examine and respond to all evidence admitted against 

23 him on the issue of guilt or innocence and for sen24 tencing, as provided for by this chapter. 
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1 ‘‘(B) To be present at all sessions of the military 

2 commission (other than those for deliberations or vot3 ing), except when excluded under section 949d of this 

4 title. 

5 ‘‘(C) To be represented before a military commis6 sion by civilian counsel if provided at no expense to 

7 the Government, and by either the defense counsel de8 tailed or by military counsel of the accused’s own se9 lection, if reasonably available. 

10 ‘‘(D) To self-representation, if the accused know11 ingly and competently waives the assistance of coun12 sel, subject to the provisions of paragraph (4). 

13 ‘‘(E) To the suppression of evidence that is not 

14 reliable or probative. 

15 ‘‘(F) To the suppression of evidence the probative 

16 value of which is substantially outweighed by— 

17 ‘‘(i) the danger of unfair prejudice, confu18 sion of the issues, or misleading the members; or 

19 ‘‘(ii) considerations of undue delay, waste of 

20 time, or needless presentation of cumulative evi21 dence. 

22 ‘‘(3) In making exceptions in the applicability in 

23 trials by military commission under this chapter from the 

24 procedures and rules otherwise applicable in general courts25 martial, the Secretary of Defense may provide the following: 
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1 ‘‘(A) Evidence seized outside the United States 

2 shall not be excluded from trial by military commis3 sion on the grounds that the evidence was not seized 

4 pursuant to a search warrant or authorization. 

5 ‘‘(B) A statement of the accused that is otherwise 

6 admissible shall not be excluded from trial by mili7 tary commission on grounds of alleged coercion or 

8 compulsory self-incrimination so long as the evidence 

9 complies with the provisions of section 948r of this 

10 title. 

11 ‘‘(C) Evidence shall be admitted as authentic so 

12 long as— 

13 ‘‘(i) the military judge of the military com14 mission determines that there is sufficient evi15 dence that the evidence is what it is claimed to 

16 be; and 

17 ‘‘(ii) the military judge instructs the mem18 bers that they may consider any issue as to au19 thentication or identification of evidence in de20 termining the weight, if any, to be given to the 

21 evidence. 

22 ‘‘(D) Hearsay evidence not otherwise admissible 

23 under the rules of evidence applicable in trial by gen24 eral courts-martial may be admitted in a trial by 

25 military commission only if— 
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1 ‘‘(i) the proponent of the evidence makes 

2 known to the adverse party, sufficiently in ad3 vance to provide the adverse party with a fair 

4 opportunity to meet the evidence, the proponent’s 

5 intention to offer the evidence, and the particu6 lars of the evidence (including information on 

7 the circumstances under which the evidence was 

8 obtained); and 

9 ‘‘(ii) the military judge, after taking into 

10 account all of the circumstances surrounding the 

11 taking of the statement, the degree to which the 

12 statement is corroborated, and the indicia of reli13 ability within the statement itself, determines 

14 that— 

15 ‘‘(I) the statement is offered as evidence 

16 of a material fact; 

17 ‘‘(II) either— 

18 ‘‘(aa) direct testimony from the 

19 witness is not available as a practical 

20 matter, taking into consideration the 

21 physical location of the witness and the 

22 unique circumstances of the conduct of 

23 military and intelligence operations 

24 during hostilities; or 
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1 ‘‘(bb) the production of the wit2 ness would have an adverse impact on 

3 military or intelligence operations; and 

4 ‘‘(III) the general purposes of the rules 

5 of evidence and the interests of justice will 

6 best be served by admission of the statement 

7 into evidence. 

8 ‘‘(4)(A) The accused in a military commission under 

9 this chapter who exercises the right to self-representation 

10 under paragraph (2)(D) shall conform his deportment and 

11 the conduct of the defense to the rules of evidence, procedure, 

12 and decorum applicable to trials by military commission. 

13 ‘‘(B) Failure of the accused to conform to the rules de14 scribed in subparagraph (A) may result in a partial or 

15 total revocation by the military judge of the right of self16 representation under paragraph (2)(D). In such case, the 

17 military counsel of the accused or an appropriately author18 ized civilian counsel shall perform the functions necessary 

19 for the defense. 

20 ‘‘(c) DELEGATION OF AUTHORITY TO PRESCRIBE REG21 ULATIONS.—The Secretary of Defense may delegate the au22 thority of the Secretary to prescribe regulations under this 

23 chapter. 
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1 ‘‘§ 949b. Unlawfully influencing action of military 

2 commission 

3 ‘‘(a) IN GENERAL.—(1) No authority convening a 

4 military commission under this chapter may censure, rep5 rimand, or admonish the military commission, or any 

6 member, military judge, or counsel thereof, with respect to 

7 the findings or sentence adjudged by the military commis8 sion, or with respect to any other exercises of its or their 

9 functions in the conduct of the proceedings. 

10 ‘‘(2) No person may attempt to coerce or, by any unau11 thorized means, influence— 

12 ‘‘(A) the action of a military commission under 

13 this chapter, or any member thereof, in reaching the 

14 findings or sentence in any case; 

15 ‘‘(B) the action of any convening, approving, or 

16 reviewing authority with respect to their judicial acts; 

17 or 

18 ‘‘(C) the exercise of professional judgment by 

19 trial counsel or defense counsel. 

20 ‘‘(3) The provisions of this subsection shall not apply 

21 with respect to— 

22 ‘‘(A) general instructional or informational 

23 courses in military justice if such courses are designed 

24 solely for the purpose of instructing members of a 

25 command in the substantive and procedural aspects of 

26 military commissions; or 
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1 ‘‘(B) statements and instructions given in open 

2 proceedings by a military judge or counsel. 

3 ‘‘(b) PROHIBITION ON CONSIDERATION OF ACTIONS ON

4 COMMISSION IN EVALUATION OF FITNESS.—In the prepara5 tion of an effectiveness, fitness, or efficiency report or any 

6 other report or document used in whole or in part for the 

7 purpose of determining whether a commissioned officer of 

8 the armed forces is qualified to be advanced in grade, or 

9 in determining the assignment or transfer of any such offi10 cer or whether any such officer should be retained on active 

11 duty, no person may— 

12 ‘‘(1) consider or evaluate the performance of duty 

13 of any member of a military commission under this 

14 chapter; or 

15 ‘‘(2) give a less favorable rating or evaluation to 

16 any commissioned officer because of the zeal with 

17 which such officer, in acting as counsel, represented 

18 any accused before a military commission under this 

19 chapter. 

20 ‘‘§ 949c. Duties of trial counsel and defense counsel 

21 ‘‘(a) TRIAL COUNSEL.—The trial counsel of a military 

22 commission under this chapter shall prosecute in the name 

23 of the United States. 
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1 ‘‘(b) DEFENSE COUNSEL.—(1) The accused shall be 

2 represented in his defense before a military commission 

3 under this chapter as provided in this subsection. 

4 ‘‘(2) The accused may be represented by military coun5 sel detailed under section 948k of this title or by military 

6 counsel of the accused’s own selection, if reasonably avail7 able. 

8 ‘‘(3) The accused may be represented by civilian coun9 sel if retained by the accused, provided that such civilian 

10 counsel— 

11 ‘‘(A) is a United States citizen; 

12 ‘‘(B) is admitted to the practice of law in a 

13 State, district, or possession of the United States, or 

14 before a Federal court; 

15 ‘‘(C) has not been the subject of any sanction of 

16 disciplinary action by any court, bar, or other com17 petent governmental authority for relevant mis18 conduct; 

19 ‘‘(D) has been determined to be eligible for access 

20 to information classified at the level Secret or higher; 

21 and 

22 ‘‘(E) has signed a written agreement to comply 

23 with all applicable regulations or instructions for 

24 counsel, including any rules of court for conduct dur25 ing the proceedings. 
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1 ‘‘(4) If the accused is represented by civilian counsel, 

2 military counsel shall act as associate counsel. 

3 ‘‘(5) The accused is not entitled to be represented by 

4 more than one military counsel. However, the person au5 thorized under regulations prescribed under section 948k of 

6 this title to detail counsel, in such person’s sole discretion, 

7 may detail additional military counsel to represent the ac8 cused. 

9 ‘‘(6) Defense counsel may cross-examine each witness 

10 for the prosecution who testifies before a military commis11 sion under this chapter. 

12 ‘‘(7) Civilian defense counsel shall protect any classi13 fied information received during the course of representa14 tion of the accused in accordance with all applicable law 

15 governing the protection of classified information, and may 

16 not divulge such information to any person not authorized 

17 to receive it. 

18 ‘‘§ 949d. Sessions 

19 ‘‘(a) SESSIONS WITHOUT PRESENCE OF MEMBERS.— 

20 (1) At any time after the service of charges which have been 

21 referred for trial by military commission under this chap22 ter, the military judge may call the military commission 

23 into session without the presence of the members for the pur24 pose of— 
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1 ‘‘(A) hearing and determining motions raising 

2 defenses or objections which are capable of determina3 tion without trial of the issues raised by a plea of not 

4 guilty; 

5 ‘‘(B) hearing and ruling upon any matter which 

6 may be ruled upon by the military judge under this 

7 chapter, whether or not the matter is appropriate for 

8 later consideration or decision by the members; 

9 ‘‘(C) if permitted by regulations prescribed by 

10 the Secretary of Defense, receiving the pleas of the ac11 cused; and 

12 ‘‘(D) performing any other procedural function 

13 which may be performed by the military judge under 

14 this chapter or under rules prescribed pursuant to 

15 section 949a of this title and which does not require 

16 the presence of the members. 

17 ‘‘(2) Except as provided in subsections (b), (c), and 

18 (d), any proceedings under paragraph (1) shall be con19 ducted in the presence of the accused, defense counsel, and 

20 trial counsel, and shall be made part of the record. 

21 ‘‘(b) DELIBERATION OR VOTE OF MEMBERS.—When 

22 the members of a military commission under this chapter 

23 deliberate or vote, only the members may be present. 
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1 ‘‘(c) CLOSURE OF PROCEEDINGS.—(1) The military 

2 judge may close to the public all or part of the proceedings 

3 of a military commission under this chapter. 

4 ‘‘(2) The military judge may close to the public all 

5 or a portion of the proceedings under paragraph (1) only 

6 upon making a specific finding that such closure is nec7 essary to— 

8 ‘‘(A) protect information the disclosure of which 

9 could reasonably be expected to cause damage to the 

10 national security, including intelligence or law en11 forcement sources, methods, or activities; or 

12 ‘‘(B) ensure the physical safety of individuals. 

13 ‘‘(3) A finding under paragraph (2) may be based 

14 upon a presentation, including a presentation ex parte or 

15 in camera, by either trial counsel or defense counsel. 

16 ‘‘(d) EXCLUSION OF ACCUSED FROM CERTAIN PRO17 CEEDINGS.—The military judge may exclude the accused 

18 from any portion of a proceeding upon a determination 

19 that, after being warned by the military judge, the accused 

20 persists in conduct that justifies exclusion from the court21 room— 

22 ‘‘(1) to ensure the physical safety of individuals; 

23 or 

24 ‘‘(2) to prevent disruption of the proceedings by 

25 the accused. 
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1 ‘‘§ 949e. Continuances 

2 ‘‘The military judge in a military commission under 

3 this chapter may, for reasonable cause, grant a continuance 

4 to any party for such time, and as often, as may appear 

5 to be just. 

6 ‘‘§ 949f. Challenges 

7 ‘‘(a) CHALLENGES AUTHORIZED.—The military judge 

8 and members of a military commission under this chapter 

9 may be challenged by the accused or trial counsel for cause 

10 stated to the military commission. The military judge shall 

11 determine the relevance and validity of challenges for cause, 

12 and may not receive a challenge to more than one person 

13 at a time. Challenges by trial counsel shall ordinarily be 

14 presented and decided before those by the accused are of15 fered. 

16 ‘‘(b) PEREMPTORY CHALLENGES.—The accused and 

17 trial counsel are each entitled to one peremptory challenge, 

18 but the military judge may not be challenged except for 

19 cause. 

20 ‘‘(c) CHALLENGES AGAINST ADDITIONAL MEMBERS.— 

21 Whenever additional members are detailed to a military 

22 commission under this chapter, and after any challenges for 

23 cause against such additional members are presented and 

24 decided, the accused and trial counsel are each entitled to 

25 one peremptory challenge against members not previously 

26 subject to peremptory challenge. 
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1 ‘‘§ 949g. Oaths 

2 ‘‘(a) IN GENERAL.—(1) Before performing their re3 spective duties in a military commission under this chap4 ter, military judges, members, trial counsel, defense counsel, 

5 reporters, and interpreters shall take an oath to perform 

6 their duties faithfully. 

7 ‘‘(2) The form of the oath required by paragraph (1), 

8 the time and place of the taking thereof, the manner of re9 cording thereof, and whether the oath shall be taken for all 

10 cases in which duties are to be performed or for a particular 

11 case, shall be as provided in regulations prescribed by the 

12 Secretary of Defense. The regulations may provide that— 

13 ‘‘(A) an oath to perform faithfully duties as a 

14 military judge, trial counsel, or defense counsel may 

15 be taken at any time by any judge advocate or other 

16 person certified to be qualified or competent for the 

17 duty; and 

18 ‘‘(B) if such an oath is taken, such oath need not 

19 again be taken at the time the judge advocate or other 

20 person is detailed to that duty. 

21 ‘‘(b) WITNESSES.—Each witness before a military 

22 commission under this chapter shall be examined on oath. 

23 ‘‘(c) OATH DEFINED.—In this section, the term ‘oath’ 

24 includes an affirmation. 
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1 ‘‘§ 949h. Former jeopardy 

2 ‘‘(a) IN GENERAL.—No person may, without his con3 sent, be tried by a military commission under this chapter 

4 a second time for the same offense. 

5 ‘‘(b) SCOPE OF TRIAL.—No proceeding in which the 

6 accused has been found guilty by military commission 

7 under this chapter upon any charge or specification is a 

8 trial in the sense of this section until the finding of guilty 

9 has become final after review of the case has been fully com10 pleted. 

11 ‘‘§ 949i. Pleas of the accused 

12 ‘‘(a) PLEA OF NOT GUILTY.—If an accused in a mili13 tary commission under this chapter after a plea of guilty 

14 sets up matter inconsistent with the plea, or if it appears 

15 that the accused has entered the plea of guilty through lack 

16 of understanding of its meaning and effect, or if the accused 

17 fails or refuses to plead, a plea of not guilty shall be entered 

18 in the record, and the military commission shall proceed 

19 as though the accused had pleaded not guilty. 

20 ‘‘(b) FINDING OF GUILT AFTER GUILTY PLEA.—With 

21 respect to any charge or specification to which a plea of 

22 guilty has been made by the accused in a military commis23 sion under this chapter and accepted by the military judge, 

24 a finding of guilty of the charge or specification may be 

25 entered immediately without a vote. The finding shall con26 stitute the finding of the military commission unless the 
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1 plea of guilty is withdrawn prior to announcement of the 

2 sentence, in which event the proceedings shall continue as 

3 though the accused had pleaded not guilty. 

4 ‘‘§ 949j. Opportunity to obtain witnesses and other evi5 dence 

6 ‘‘(a) IN GENERAL.—(1) Defense counsel in a military 

7 commission under this chapter shall have a reasonable op8 portunity to obtain witnesses and other evidence as pro9 vided in regulations prescribed by the Secretary of Defense. 

10 ‘‘(2) Process issued in military commissions under this 

11 chapter to compel witnesses to appear and testify and to 

12 compel the production of other evidence— 

13 ‘‘(A) shall be similar to that which courts of the 

14 United States having criminal jurisdiction may law15 fully issue; and 

16 ‘‘(B) shall run to any place where the United 

17 States shall have jurisdiction thereof. 

18 ‘‘(b) DISCLOSURE OF EXCULPATORY EVIDENCE.—(1) 

19 As soon as practicable, trial counsel in a military commis20 sion under this chapter shall disclose to the defense the exist21 ence of any evidence that reasonably tends to— 

22 ‘‘(A) negate the guilt of the accused of an offense 

23 charged; or 

24 ‘‘(B) reduce the degree of guilt of the accused 

25 with respect to an offense charged. 
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1 ‘‘(2) The trial counsel shall, as soon as practicable, dis2 close to the defense the existence of evidence that reasonably 

3 tends to impeach the credibility of a witness whom the gov4 ernment intends to call at trial. 

5 ‘‘(3) The trial counsel shall, as soon as practicable 

6 upon a finding of guilt, disclose to the defense the existence 

7 of evidence that is not subject to paragraph (1) or para8 graph (2) but that reasonably may be viewed as mitigation 

9 evidence at sentencing. 

10 ‘‘(4) The disclosure obligations under this subsection 

11 encompass evidence that is known or reasonably should be 

12 known to any government officials who participated in the 

13 investigation and prosecution of the case against the defend14 ant. 

15 ‘‘§ 949k. Defense of lack of mental responsibility 

16 ‘‘(a) AFFIRMATIVE DEFENSE.—It is an affirmative de17 fense in a trial by military commission under this chapter 

18 that, at the time of the commission of the acts constituting 

19 the offense, the accused, as a result of a severe mental disease 

20 or defect, was unable to appreciate the nature and quality 

21 or the wrongfulness of the acts. Mental disease or defect does 

22 not otherwise constitute a defense. 

23 ‘‘(b) BURDEN OF PROOF.—The accused in a military 

24 commission under this chapter has the burden of proving 
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1 the defense of lack of mental responsibility by clear and con2 vincing evidence. 

3 ‘‘(c) FINDINGS FOLLOWING ASSERTION OF DE4 FENSE.—Whenever lack of mental responsibility of the ac5 cused with respect to an offense is properly at issue in a 

6 military commission under this chapter, the military judge 

7 shall instruct the members as to the defense of lack of mental 

8 responsibility under this section and shall charge the mem9 bers to find the accused— 

10 ‘‘(1) guilty; 

11 ‘‘(2) not guilty; or 

12 ‘‘(3) subject to subsection (d), not guilty by rea13 son of lack of mental responsibility. 

14 ‘‘(d) MAJORITY VOTE REQUIRED FOR FINDING.—The 

15 accused shall be found not guilty by reason of lack of mental 

16 responsibility under subsection (c)(3) only if a majority of 

17 the members present at the time the vote is taken determines 

18 that the defense of lack of mental responsibility has been 

19 established. 

20 ‘‘§ 949l. Voting and rulings 

21 ‘‘(a) VOTE BY SECRET WRITTEN BALLOT.—Voting by 

22 members of a military commission under this chapter on 

23 the findings and on the sentence shall be by secret written 

24 ballot. 
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1 ‘‘(b) RULINGS.—(1) The military judge in a military 

2 commission under this chapter shall rule upon all questions 

3 of law, including the admissibility of evidence and all inter4 locutory questions arising during the proceedings. 

5 ‘‘(2) Any ruling made by the military judge upon a 

6 question of law or an interlocutory question (other than the 

7 factual issue of mental responsibility of the accused) is con8 clusive and constitutes the ruling of the military commis9 sion. However, a military judge may change his ruling at 

10 any time during the trial. 

11 ‘‘(c) INSTRUCTIONS PRIOR TO VOTE.—Before a vote is 

12 taken of the findings of a military commission under this 

13 chapter, the military judge shall, in the presence of the ac14 cused and counsel, instruct the members as to the elements 

15 of the offense and charge the members— 

16 ‘‘(1) that the accused must be presumed to be in17 nocent until his guilt is established by legal and com18 petent evidence beyond a reasonable doubt; 

19 ‘‘(2) that in the case being considered, if there is 

20 a reasonable doubt as to the guilt of the accused, the 

21 doubt must be resolved in favor of the accused and he 

22 must be acquitted; 

23 ‘‘(3) that, if there is reasonable doubt as to the 

24 degree of guilt, the finding must be in a lower degree 

25 as to which there is no reasonable doubt; and 
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1 ‘‘(4) that the burden of proof to establish the 

2 guilt of the accused beyond a reasonable doubt is upon 

3 the United States. 

4 ‘‘§ 949m. Number of votes required 

5 ‘‘(a) CONVICTION.—No person may be convicted by a 

6 military commission under this chapter of any offense, ex7 cept as provided in section 949i(b) of this title or by concur8 rence of two-thirds of the members present at the time the 

9 vote is taken. 

10 ‘‘(b) SENTENCES.—(1) Except as provided in para11 graphs (2) and (3), sentences shall be determined by a mili12 tary commission by the concurrence of two-thirds of the 

13 members present at the time the vote is taken. 

14 ‘‘(2) No person may be sentenced to death by a mili15 tary commission, except insofar as— 

16 ‘‘(A) the penalty of death has been expressly au17 thorized under this chapter, chapter 47 of this title, 

18 or the law of war for an offense of which the accused 

19 has been found guilty; 

20 ‘‘(B) trial counsel expressly sought the penalty of 

21 death by filing an appropriate notice in advance of 

22 trial; 

23 ‘‘(C) the accused was convicted of the offense by 

24 the concurrence of all the members present at the time 

25 the vote is taken; and 
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1 ‘‘(D) all members present at the time the vote 

2 was taken concurred in the sentence of death. 

3 ‘‘(3) No person may be sentenced to life imprisonment, 

4 or to confinement for more than 10 years, by a military 

5 commission under this chapter except by the concurrence 

6 of three-fourths of the members present at the time the vote 

7 is taken. 

8 ‘‘(c) NUMBER OF MEMBERS REQUIRED FOR PENALTY

9 OF DEATH.—(1) Except as provided in paragraph (2), in 

10 a case in which the penalty of death is sought, the number 

11 of members of the military commission under this chapter 

12 shall be not less than 12 members. 

13 ‘‘(2) In any case described in paragraph (1) in which 

14 12 members are not reasonably available for a military 

15 commission because of physical conditions or military ex16 igencies, the convening authority shall specify a lesser num17 ber of members for the military commission (but not fewer 

18 than 5 members), and the military commission may be as19 sembled, and the trial held, with not less than the number 

20 of members so specified. In any such case, the convening 

21 authority shall make a detailed written statement, to be ap22 pended to the record, stating why a greater number of mem23 bers were not reasonably available. 
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1 ‘‘§ 949n. Military commission to announce action 

2 ‘‘A military commission under this chapter shall an3 nounce its findings and sentence to the parties as soon as 

4 determined. 

5 ‘‘§ 949o. Record of trial 

6 ‘‘(a) RECORD; AUTHENTICATION.—Each military 

7 commission under this chapter shall keep a separate, ver8 batim, record of the proceedings in each case brought before 

9 it, and the record shall be authenticated by the signature 

10 of the military judge. If the record cannot be authenticated 

11 by the military judge by reason of his death, disability, or 

12 absence, it shall be authenticated by the signature of the 

13 trial counsel or by a member if the trial counsel is unable 

14 to authenticate it by reason of his death, disability, or ab15 sence. Where appropriate, and as provided in regulations 

16 prescribed by the Secretary of Defense, the record of a mili17 tary commission under this chapter may contain a classi18 fied annex. 

19 ‘‘(b) COMPLETE RECORD REQUIRED.—A complete 

20 record of the proceedings and testimony shall be prepared 

21 in every military commission under this chapter. 

22 ‘‘(c) PROVISION OF COPY TO ACCUSED.—A copy of the 

23 record of the proceedings of the military commission under 

24 this chapter shall be given the accused as soon as it is au25 thenticated. If the record contains classified information, or 

26 a classified annex, the accused shall receive a redacted 
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1 version of the record consistent with the requirements of sec2 tion 949d(c)(4) of this title. Defense counsel shall have ac3 cess to the unredacted record, as provided in regulations 

4 prescribed by the Secretary of Defense. 

5 ‘‘SUBCHAPTER V—CLASSIFIED INFORMATION 

6 PROCEDURES 

‘‘Sec. 

‘‘949p–1. Protection of classified information: applicability of subchapter. 

‘‘949p–2. Pretrial conference. 

‘‘949p–3. Protective orders. 

‘‘949p–4. Discovery of, and access to, classified information by the accused. 

‘‘949p–5. Notice by accused of intention to disclose classified information. 

‘‘949p–6. Procedure for cases involving classified information. 

‘‘949p–7. Introduction of classified information into evidence. 

7 ‘‘§ 949p–1. Protection of classified information: appli8 cability of subchapter 

9 ‘‘(a) PROTECTION OF CLASSIFIED INFORMATION.— 

10 Classified information shall be protected and is privileged 

11 from disclosure if disclosure would be detrimental to the na12 tional security. Under no circumstances may a military 

13 judge order the release of classified information to any per14 son not authorized to receive such information. 

15 ‘‘(b) ACCESS TO EVIDENCE.—Any information admit16 ted into evidence pursuant to any rule, procedure, or order 

17 by the military judge shall be provided to the accused. 

18 ‘‘(c) DECLASSIFICATION.—Trial counsel shall work 

19 with the original classification authorities for evidence that 

20 may be used at trial to ensure that such evidence is declas21 sified to the maximum extent possible, consistent with the 
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1 requirements of national security. A decision not to declas2 sify evidence under this section shall not be subject to review 

3 by a military commission or upon appeal. 

4 ‘‘(d) CONSTRUCTION OF PROVISIONS.—The judicial 

5 construction of the Classified Information Procedures Act 

6 (18 U.S.C. App.) shall be authoritative in the interpretation 

7 of this subchapter, except to the extent that such construc8 tion is inconsistent with the specific requirements of this 

9 chapter. 

10 ‘‘§ 949p–2. Pretrial conference 

11 ‘‘(a) MOTION.—At any time after service of charges, 

12 any party may move for a pretrial conference to consider 

13 matters relating to classified information that may arise 

14 in connection with the prosecution. 

15 ‘‘(b) CONFERENCE.—Following a motion under sub16 section (a), or sua sponte, the military judge shall promptly 

17 hold a pretrial conference. Upon request by either party, 

18 the court shall hold such conference ex parte to the extent 

19 necessary to protect classified information from disclosure, 

20 in accordance with the practice of the Federal courts under 

21 the Classified Information Procedures Act (18 U.S.C. App.). 

22 ‘‘(c) MATTERS TO BE ESTABLISHED AT PRETRIAL

23 CONFERENCE.— 
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1 ‘‘(1) TIMING OF SUBSEQUENT ACTIONS.—At the 

2 pretrial conference, the military judge shall establish 

3 the timing of— 

4 ‘‘(A) requests for discovery; 

5 ‘‘(B) the provision of notice required by sec6 tion 949p–5 of this title; and 

7 ‘‘(C) the initiation of the procedure estab8 lished by section 949p–6 of this title. 

9 ‘‘(2) OTHER MATTERS.—At the pretrial con10 ference, the military judge may also consider any 

11 matter— 

12 ‘‘(A) which relates to classified information; 

13 or 

14 ‘‘(B) which may promote a fair and expedi15 tious trial. 

16 ‘‘(d) EFFECT OF ADMISSIONS BY ACCUSED AT PRE17 TRIAL CONFERENCE.—No admission made by the accused 

18 or by any counsel for the accused at a pretrial conference 

19 under this section may be used against the accused unless 

20 the admission is in writing and is signed by the accused 

21 and by the counsel for the accused. 

22 ‘‘§ 949p–3. Protective orders 

23 ‘‘Upon motion of the trial counsel, the military judge 

24 shall issue an order to protect against the disclosure of any 

25 classified information that has been disclosed by the United 
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1 States to any accused in any military commission under 

2 this chapter or that has otherwise been provided to, or ob3 tained by, any such accused in any such military commis4 sion. 

5 ‘‘§ 949p–4. Discovery of, and access to, classified infor6 mation by the accused 

7 ‘‘(a) LIMITATIONS ON DISCOVERY OR ACCESS BY THE

8 ACCUSED.— 

9 ‘‘(1) DECLARATIONS BY THE UNITED STATES OF

10 DAMAGE TO NATIONAL SECURITY.—In any case before 

11 a military commission in which the United States 

12 seeks to delete, withhold, or otherwise obtain other re13 lief with respect to the discovery of or access to any 

14 classified information, the trial counsel shall submit 

15 a declaration invoking the United States’ classified 

16 information privilege and setting forth the damage to 

17 the national security that the discovery of or access to 

18 such information reasonably could be expected to 

19 cause. The declaration shall be signed by a knowledge20 able United States official possessing authority to 

21 classify information. 

22 ‘‘(2) STANDARD FOR AUTHORIZATION OF DIS23 COVERY OR ACCESS.—Upon the submission of a dec24 laration under paragraph (1), the military judge 

25 shall not authorize the discovery of or access to such 
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1 classified information unless the military judge deter2 mines that such classified information would be non3 cumulative, relevant, and helpful to a legally cog4 nizable defense, rebuttal of the prosecution’s case, or 

5 to sentencing, in accordance with standards generally 

6 applicable to discovery of or access to classified infor7 mation in Federal criminal cases. If the discovery of 

8 or access to such classified information is authorized, 

9 it shall be addressed in accordance with the require10 ments of subsection (b). 

11 ‘‘(b) DISCOVERY OF CLASSIFIED INFORMATION.— 

12 ‘‘(1) SUBSTITUTIONS AND OTHER RELIEF.—The 

13 military judge, in assessing the accused’s discovery of 

14 or access to classified information under this section, 

15 may authorize the United States— 

16 ‘‘(A) to delete or withhold specified items of 

17 classified information; 

18 ‘‘(B) to substitute a summary for classified 

19 information; or 

20 ‘‘(C) to substitute a statement admitting 

21 relevant facts that the classified information or 

22 material would tend to prove. 

23 ‘‘(2) EX PARTE PRESENTATIONS.—The military 

24 judge shall permit the trial counsel to make a request 

25 for an authorization under paragraph (1) in the form 
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1 of an ex parte presentation to the extent necessary to 

2 protect classified information, in accordance with the 

3 practice of the Federal courts under the Classified In4 formation Procedures Act (18 U.S.C. App.). If the 

5 military judge enters an order granting relief fol6 lowing such an ex parte showing, the entire text of the 

7 written submission shall be sealed and preserved in 

8 the records of the military commission to be made 

9 available to the appellate court in the event of an ap10 peal. 

11 ‘‘(3) ACTION BY MILITARY JUDGE.—The military 

12 judge shall grant the request of the trial counsel to 

13 substitute a summary or to substitute a statement ad14 mitting relevant facts, or to provide other relief in ac15 cordance with paragraph (1), if the military judge 

16 finds that the summary, statement, or other relief 

17 would provide the accused with substantially the same 

18 ability to make a defense as would discovery of or ac19 cess to the specific classified information. 

20 ‘‘(c) RECONSIDERATION.—An order of a military judge 

21 authorizing a request of the trial counsel to substitute, sum22 marize, withhold, or prevent access to classified information 

23 under this section is not subject to a motion for reconsider24 ation by the accused, if such order was entered pursuant 

25 to an ex parte showing under this section. 
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1 ‘‘§ 949p–5. Notice by accused of intention to disclose 

2 classified information 

3 ‘‘(a) NOTICE BY ACCUSED.— 

4 ‘‘(1) NOTIFICATION OF TRIAL COUNSEL AND

5 MILITARY JUDGE.—If an accused reasonably expects 

6 to disclose, or to cause the disclosure of, classified in7 formation in any manner in connection with any 

8 trial or pretrial proceeding involving the prosecution 

9 of such accused, the accused shall, within the time 

10 specified by the military judge or, where no time is 

11 specified, within 30 days before trial, notify the trial 

12 counsel and the military judge in writing. Such no13 tice shall include a brief description of the classified 

14 information. Whenever the accused learns of addi15 tional classified information the accused reasonably 

16 expects to disclose, or to cause the disclosure of, at 

17 any such proceeding, the accused shall notify trial 

18 counsel and the military judge in writing as soon as 

19 possible thereafter and shall include a brief descrip20 tion of the classified information. 

21 ‘‘(2) LIMITATION ON DISCLOSURE BY AC22 CUSED.—No accused shall disclose, or cause the dis23 closure of, any information known or believed to be 

24 classified in connection with a trial or pretrial pro25 ceeding until— 
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1 ‘‘(A) notice has been given under paragraph 

2 (1); and 

3 ‘‘(B) the United States has been afforded a 

4 reasonable opportunity to seek a determination 

5 pursuant to the procedure set forth in section 

6 949p–6 of this title and the time for the United 

7 States to appeal such determination under sec8 tion 950d of this title has expired or any appeal 

9 under that section by the United States is de10 cided. 

11 ‘‘(b) FAILURE TO COMPLY.—If the accused fails to 

12 comply with the requirements of subsection (a), the military 

13 judge— 

14 ‘‘(1) may preclude disclosure of any classified in15 formation not made the subject of notification; and 

16 ‘‘(2) may prohibit the examination by the ac17 cused of any witness with respect to any such infor18 mation. 

19 ‘‘§ 949p–6. Procedure for cases involving classified in20 formation 

21 ‘‘(a) MOTION FOR HEARING.— 

22 ‘‘(1) REQUEST FOR HEARING.—Within the time 

23 specified by the military judge for the filing of a mo24 tion under this section, either party may request the 

25 military judge to conduct a hearing to make all deter-
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1 minations concerning the use, relevance, or admissi2 bility of classified information that would otherwise 

3 be made during the trial or pretrial proceeding. 

4 ‘‘(2) CONDUCT OF HEARING.—Upon a request by 

5 either party under paragraph (1), the military judge 

6 shall conduct such a hearing and shall rule prior to 

7 conducting any further proceedings. 

8 ‘‘(3) IN CAMERA HEARING UPON DECLARATION

9 TO COURT BY APPROPRIATE OFFICIAL OF RISK OF

10 DISCLOSURE OF CLASSIFIED INFORMATION.—Any 

11 hearing held pursuant to this subsection (or any por12 tion of such hearing specified in the request of a 

13 knowledgeable United States official) shall be held in 

14 camera if a knowledgeable United States official pos15 sessing authority to classify information submits to 

16 the military judge a declaration that a public pro17 ceeding may result in the disclosure of classified in18 formation. Classified information is not subject to 

19 disclosure under this section unless the information is 

20 relevant and necessary to an element of the offense or 

21 a legally cognizable defense and is otherwise admis22 sible in evidence. 

23 ‘‘(4) MILITARY JUDGE TO MAKE DETERMINA24 TIONS IN WRITING.—As to each item of classified in-
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1 formation, the military judge shall set forth in writ2 ing the basis for the determination. 

3 ‘‘(b) NOTICE AND USE OF CLASSIFIED INFORMATION

4 BY THE GOVERNMENT.— 

5 ‘‘(1) NOTICE TO ACCUSED.—Before any hearing 

6 is conducted pursuant to a request by the trial coun7 sel under subsection (a), trial counsel shall provide 

8 the accused with notice of the classified information 

9 that is at issue. Such notice shall identify the specific 

10 classified information at issue whenever that informa11 tion previously has been made available to the ac12 cused by the United States. When the United States 

13 has not previously made the information available to 

14 the accused in connection with the case the informa15 tion may be described by generic category, in such 

16 forms as the military judge may approve, rather than 

17 by identification of the specific information of con18 cern to the United States. 

19 ‘‘(2) ORDER BY MILITARY JUDGE UPON REQUEST

20 OF ACCUSED.—Whenever the trial counsel requests a 

21 hearing under subsection (a), the military judge, 

22 upon request of the accused, may order the trial coun23 sel to provide the accused, prior to trial, such details 

24 as to the portion of the charge or specification at 
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1 issue in the hearing as are needed to give the accused 

2 fair notice to prepare for the hearing. 

3 ‘‘(c) SUBSTITUTIONS.— 

4 ‘‘(1) IN CAMERA PRETRIAL HEARING.—Upon re5 quest of the trial counsel pursuant to the Military 

6 Commission Rules of Evidence, and in accordance 

7 with the security procedures established by the mili8 tary judge, the military judge shall conduct a classi9 fied in camera pretrial hearing concerning the admis10 sibility of classified information. 

11 ‘‘(2) PROTECTION OF SOURCES, METHODS, AND

12 ACTIVITIES BY WHICH EVIDENCE ACQUIRED.—The 

13 military judge shall permit the trial counsel to intro14 duce otherwise admissible evidence, including a sub15 stituted evidentiary foundation pursuant to the proce16 dures described in subsection (d), before a military 

17 commission while protecting from disclosure the 

18 sources, methods, or activities by which the United 

19 States acquired the evidence if the military judge 

20 finds that the sources, methods, or activities are clas21 sified, the evidence is reliable, and the redaction is 

22 consistent with affording the accused a fair trial. 

23 ‘‘(d) ALTERNATIVE PROCEDURE FOR DISCLOSURE OF

24 CLASSIFIED INFORMATION.— 
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1 ‘‘(1) MOTION BY THE UNITED STATES.—Upon 

2 any determination by the military judge authorizing 

3 the disclosure of specific classified information under 

4 the procedures established by this section, the trial 

5 counsel may move that, in lieu of the disclosure of 

6 such specific classified information, the military 

7 judge order— 

8 ‘‘(A) the substitution for such classified in9 formation of a statement admitting relevant 

10 facts that the specific classified information 

11 would tend to prove; 

12 ‘‘(B) the substitution for such classified in13 formation of a summary of the specific classified 

14 information; or 

15 ‘‘(C) any other procedure or redaction lim16 iting the disclosure of specific classified informa17 tion. 

18 ‘‘(2) ACTION ON MOTION.—The military judge 

19 shall grant such a motion of the trial counsel if the 

20 military judge finds that the statement, summary, or 

21 other procedure or redaction will provide the defend22 ant with substantially the same ability to make his 

23 defense as would disclosure of the specific classified 

24 information. 
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1 ‘‘(3) HEARING ON MOTION.—The military judge 

2 shall hold a hearing on any motion under this sub3 section. Any such hearing shall be held in camera at 

4 the request of a knowledgeable United States official 

5 possessing authority to classify information. 

6 ‘‘(4) SUBMISSION OF STATEMENT OF DAMAGE TO

7 NATIONAL SECURITY IF DISCLOSURE ORDERED.—The 

8 trial counsel may, in connection with a motion under 

9 paragraph (1), submit to the military judge a dec10 laration signed by a knowledgeable United States offi11 cial possessing authority to classify information certi12 fying that disclosure of classified information would 

13 cause identifiable damage to the national security of 

14 the United States and explaining the basis for the 

15 classification of such information. If so requested by 

16 the trial counsel, the military judge shall examine 

17 such declaration during an ex parte presentation. 

18 ‘‘(e) SEALING OF RECORDS OF IN CAMERA HEAR19 INGS.—If at the close of an in camera hearing under this 

20 section (or any portion of a hearing under this section that 

21 is held in camera), the military judge determines that the 

22 classified information at issue may not be disclosed or elic23 ited at the trial or pretrial proceeding, the record of such 

24 in camera hearing shall be sealed and preserved for use in 

25 the event of an appeal. The accused may seek reconsider-
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1 ation of the military judge’s determination prior to or dur2 ing trial. 

3 ‘‘(f) PROHIBITION ON DISCLOSURE OF CLASSIFIED IN4 FORMATION BY THE ACCUSED; RELIEF FOR ACCUSED

5 WHEN THE UNITED STATES OPPOSES DISCLOSURE.— 

6 ‘‘(1) ORDER TO PREVENT DISCLOSURE BY AC7 CUSED.—Whenever the military judge denies a mo8 tion by the trial counsel that the judge issue an order 

9 under subsection (a), (c), or (d) and the trial counsel 

10 files with the military judge a declaration signed by 

11 a knowledgeable United States official possessing au12 thority to classify information objecting to disclosure 

13 of the classified information at issue, the military 

14 judge shall order that the accused not disclose or cause 

15 the disclosure of such information. 

16 ‘‘(2) RESULT OF ORDER UNDER PARAGRAPH

17 (1).—Whenever an accused is prevented by an order 

18 under paragraph (1) from disclosing or causing the 

19 disclosure of classified information, the military judge 

20 shall dismiss the case; except that, when the military 

21 judge determines that the interests of justice would 

22 not be served by dismissal of the case, the military 

23 judge shall order such other action, in lieu of dis24 missing the charge or specification, as the military 
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1 judge determines is appropriate. Such action may in2 clude, but need not be limited to, the following: 

3 ‘‘(A) Dismissing specified charges or speci4 fications. 

5 ‘‘(B) Finding against the United States on 

6 any issue as to which the excluded classified in7 formation relates. 

8 ‘‘(C) Striking or precluding all or part of 

9 the testimony of a witness. 

10 ‘‘(3) TIME FOR THE UNITED STATES TO SEEK IN11 TERLOCUTORY APPEAL.—An order under paragraph 

12 (2) shall not take effect until the military judge has 

13 afforded the United States— 

14 ‘‘(A) an opportunity to appeal such order 

15 under section 950d of this title; and 

16 ‘‘(B) an opportunity thereafter to withdraw 

17 its objection to the disclosure of the classified in18 formation at issue. 

19 ‘‘(g) RECIPROCITY.— 

20 ‘‘(1) DISCLOSURE OF REBUTTAL INFORMA21 TION.—Whenever the military judge determines that 

22 classified information may be disclosed in connection 

23 with a trial or pretrial proceeding, the military judge 

24 shall, unless the interests of fairness do not so require, 

25 order the United States to provide the accused with 
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1 the information it expects to use to rebut the classified 

2 information. The military judge may place the 

3 United States under a continuing duty to disclose 

4 such rebuttal information. 

5 ‘‘(2) SANCTION FOR FAILURE TO COMPLY.—If the 

6 United States fails to comply with its obligation 

7 under this subsection, the military judge— 

8 ‘‘(A) may exclude any evidence not made 

9 the subject of a required disclosure; and 

10 ‘‘(B) may prohibit the examination by the 

11 United States of any witness with respect to such 

12 information. 

13 ‘‘§ 949p–7. Introduction of classified information into 

14 evidence 

15 ‘‘(a) PRESERVATION OF CLASSIFICATION STATUS.— 

16 Writings, recordings, and photographs containing classified 

17 information may be admitted into evidence in proceedings 

18 of military commissions under this chapter without change 

19 in their classification status. 

20 ‘‘(b) PRECAUTIONS BY MILITARY JUDGES.— 

21 ‘‘(1) PRECAUTIONS IN ADMITTING CLASSIFIED

22 INFORMATION INTO EVIDENCE.—The military judge 

23 in a trial by military commission, in order to prevent 

24 unnecessary disclosure of classified information, may 

25 order admission into evidence of only part of a writ-
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1 ing, recording, or photograph, or may order admis2 sion into evidence of the whole writing, recording, or 

3 photograph with excision of some or all of the classi4 fied information contained therein, unless the whole 

5 ought in fairness be considered. 

6 ‘‘(2) CLASSIFIED INFORMATION KEPT UNDER

7 SEAL.—The military judge shall allow classified in8 formation offered or accepted into evidence to remain 

9 under seal during the trial, even if such evidence is 

10 disclosed in the military commission, and may, upon 

11 motion by the Government, seal exhibits containing 

12 classified information for any period after trial as 

13 necessary to prevent a disclosure of classified informa14 tion when a knowledgeable United States official pos15 sessing authority to classify information submits to 

16 the military judge a declaration setting forth the 

17 damage to the national security that the disclosure of 

18 such information reasonably could be expected to 

19 cause. 

20 ‘‘(c) TAKING OF TESTIMONY.— 

21 ‘‘(1) OBJECTION BY TRIAL COUNSEL.—During 

22 the examination of a witness, trial counsel may object 

23 to any question or line of inquiry that may require 

24 the witness to disclose classified information not pre25 viously found to be admissible. 
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1 ‘‘(2) ACTION BY MILITARY JUDGE.—Following an 

2 objection under paragraph (1), the military judge 

3 shall take such suitable action to determine whether 

4 the response is admissible as will safeguard against 

5 the compromise of any classified information. Such 

6 action may include requiring trial counsel to provide 

7 the military judge with a proffer of the witness’ re8 sponse to the question or line of inquiry and requir9 ing the accused to provide the military judge with a 

10 proffer of the nature of the information sought to be 

11 elicited by the accused. Upon request, the military 

12 judge may accept an ex parte proffer by trial counsel 

13 to the extent necessary to protect classified informa14 tion from disclosure, in accordance with the practice 

15 of the Federal courts under the Classified Information 

16 Procedures Act (18 U.S.C. App.). 

17 ‘‘(d) DISCLOSURE AT TRIAL OF CERTAIN STATEMENTS

18 PREVIOUSLY MADE BY A WITNESS.— 

19 ‘‘(1) MOTION FOR PRODUCTION OF STATEMENTS

20 IN POSSESSION OF THE UNITED STATES.—After a 

21 witness called by the trial counsel has testified on di22 rect examination, the military judge, on motion of the 

23 accused, may order production of statements of the 

24 witness in the possession of the United States which 

25 relate to the subject matter as to which the witness 
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1 has testified. This paragraph does not preclude dis2 covery or assertion of a privilege otherwise author3 ized. 

4 ‘‘(2) INVOCATION OF PRIVILEGE BY THE UNITED

5 STATES.—If the United States invokes a privilege, the 

6 trial counsel may provide the prior statements of the 

7 witness to the military judge during an ex parte pres8 entation to the extent necessary to protect classified 

9 information from disclosure, in accordance with the 

10 practice of the Federal courts under the Classified In11 formation Procedures Act (18 U.S.C. App.). 

12 ‘‘(3) ACTION BY MILITARY JUDGE ON MOTION.— 

13 If the military judge finds that disclosure of any por14 tion of the statement identified by the United States 

15 as classified would be detrimental to the national se16 curity in the degree to warrant classification under 

17 the applicable Executive Order, statute, or regulation, 

18 that such portion of the statement is consistent with 

19 the testimony of the witness, and that the disclosure 

20 of such portion is not necessary to afford the accused 

21 a fair trial, the military judge shall excise that por22 tion from the statement. If the military judge finds 

23 that such portion of the statement is inconsistent with 

24 the testimony of the witness or that its disclosure is 

25 necessary to afford the accused a fair trial, the mili-
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1 tary judge, shall, upon the request of the trial counsel, 

2 review alternatives to disclosure in accordance with 

3 section 949p–6(d) of this title. 

4 ‘‘SUBCHAPTER VI—SENTENCES 

‘‘Sec. 

‘‘949s. Cruel or unusual punishments prohibited. 

‘‘949t. Maximum limits. 

‘‘949u. Execution of confinement. 

5 ‘‘§ 949s. Cruel or unusual punishments prohibited 

6 ‘‘Punishment by flogging, or by branding, marking, or 

7 tattooing on the body, or any other cruel or unusual punish8 ment, may not be adjudged by a military commission under 

9 this chapter or inflicted under this chapter upon any person 

10 subject to this chapter. The use of irons, single or double, 

11 except for the purpose of safe custody, is prohibited under 

12 this chapter. 

13 ‘‘§ 949t. Maximum limits 

14 ‘‘The punishment which a military commission under 

15 this chapter may direct for an offense may not exceed such 

16 limits as the President or Secretary of Defense may pre17 scribe for that offense. 

18 ‘‘§ 949u. Execution of confinement 

19 ‘‘(a) IN GENERAL.—Under such regulations as the Sec20 retary of Defense may prescribe, a sentence of confinement 

21 adjudged by a military commission under this chapter may 

22 be carried into execution by confinement— 
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1 ‘‘(1) in any place of confinement under the con2 trol of any of the armed forces; or 

3 ‘‘(2) in any penal or correctional institution 

4 under the control of the United States or its allies, or 

5 which the United States may be allowed to use. 

6 ‘‘(b) TREATMENT DURING CONFINEMENT BY OTHER

7 THAN THE ARMED FORCES.—Persons confined under sub8 section (a)(2) in a penal or correctional institution not 

9 under the control of an armed force are subject to the same 

10 discipline and treatment as persons confined or committed 

11 by the courts of the United States or of the State, District 

12 of Columbia, or place in which the institution is situated. 

13 ‘‘SUBCHAPTER VII—POST-TRIAL PROCEDURE 

14 AND REVIEW OF MILITARY COMMISSIONS 

‘‘Sec. 

‘‘950a. Error of law; lesser included offense. 

‘‘950b. Review by the convening authority. 

‘‘950c. Appellate referral; waiver or withdrawal of appeal. 

‘‘950d. Interlocutory appeals by the United States. 

‘‘950e. Rehearings. 

‘‘950f. Review by United States Court of Appeals for the Armed Forces and Supreme Court. 

‘‘950g. Appellate counsel. 

‘‘950h. Execution of sentence; suspension of sentence. 

‘‘950i. Finality of proceedings, findings, and sentences. 

15 ‘‘§ 950a. Error of law; lesser included offense 

16 ‘‘(a) ERROR OF LAW.—A finding or sentence of a mili17 tary commission under this chapter may not be held incor18 rect on the ground of an error of law unless the error mate19 rially prejudices the substantial rights of the accused. 
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1 ‘‘(b) LESSER INCLUDED OFFENSE.—Any reviewing 

2 authority with the power to approve or affirm a finding 

3 of guilty by a military commission under this chapter may 

4 approve or affirm, instead, so much of the finding as in5 cludes a lesser included offense. 

6 ‘‘§ 950b. Review by the convening authority 

7 ‘‘(a) NOTICE TO CONVENING AUTHORITY OF FINDINGS

8 AND SENTENCE.—The findings and sentence of a military 

9 commission under this chapter shall be reported in writing 

10 promptly to the convening authority after the announce11 ment of the sentence. 

12 ‘‘(b) SUBMITTAL OF MATTERS BY ACCUSED TO CON13 VENING AUTHORITY.—(1) The accused may submit to the 

14 convening authority matters for consideration by the con15 vening authority with respect to the findings and the sen16 tence of the military commission under this chapter. 

17 ‘‘(2)(A) Except as provided in subparagraph (B), a 

18 submittal under paragraph (1) shall be made in writing 

19 within 20 days after accused has been give an authenticated 

20 record of trial under section 949o(c) of this title. 

21 ‘‘(B) If the accused shows that additional time is re22 quired for the accused to make a submittal under paragraph 

23 (1), the convening authority may, for good cause, extend 

24 the applicable period under subparagraph (A) for not more 

25 than an additional 20 days. 
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1 ‘‘(3) The accused may waive his right to make a sub2 mittal to the convening authority under paragraph (1). 

3 Such a waiver shall be made in writing, and may not be 

4 revoked. For the purposes of subsection (c)(2), the time with5 in which the accused may make a submittal under this sub6 section shall be deemed to have expired upon the submittal 

7 of a waiver under this paragraph to the convening author8 ity. 

9 ‘‘(c) ACTION BY CONVENING AUTHORITY.—(1) The au10 thority under this subsection to modify the findings and 

11 sentence of a military commission under this chapter is a 

12 matter of the sole discretion and prerogative of the con13 vening authority. 

14 ‘‘(2) The convening authority is not required to take 

15 action on the findings of a military commission under this 

16 chapter. If the convening authority takes action on the find17 ings, the convening authority may, in his sole discretion, 

18 only— 

19 ‘‘(A) dismiss any charge or specification by set20 ting aside a finding of guilty thereto; or 

21 ‘‘(B) change a finding of guilty to a charge to 

22 a finding of guilty to an offense that is a lesser in23 cluded offense of the offense stated in the charge. 

24 ‘‘(3)(A) The convening authority shall take action on 

25 the sentence of a military commission under this chapter. 
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1 ‘‘(B) Subject to regulations prescribed by the Secretary 

2 of Defense, action under this paragraph may be taken only 

3 after consideration of any matters submitted by the accused 

4 under subsection (b) or after the time for submitting such 

5 matters expires, whichever is earlier. 

6 ‘‘(C) In taking action under this paragraph, the con7 vening authority may, in his sole discretion, approve, dis8 approve, commute, or suspend the sentence in whole or in 

9 part. The convening authority may not increase a sentence 

10 beyond that which is found by the military commission. 

11 ‘‘(4) The convening authority shall serve on the ac12 cused or on defense counsel notice of any action taken by 

13 the convening authority under this subsection. 

14 ‘‘(d) ORDER OF REVISION OR REHEARING.—(1) Sub15 ject to paragraphs (2) and (3), the convening authority of 

16 a military commission under this chapter may, in his sole 

17 discretion, order a proceeding in revision or a rehearing. 

18 ‘‘(2)(A) Except as provided in subparagraph (B), a 

19 proceeding in revision may be ordered by the convening au20 thority if— 

21 ‘‘(i) there is an apparent error or omission in 

22 the record; or 

23 ‘‘(ii) the record shows improper or inconsistent 

24 action by the military commission with respect to the 

25 findings or sentence that can be rectified without ma-
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1 terial prejudice to the substantial rights of the ac2 cused. 

3 ‘‘(B) In no case may a proceeding in revision— 

4 ‘‘(i) reconsider a finding of not guilty of a speci5 fication or a ruling which amounts to a finding of 

6 not guilty; 

7 ‘‘(ii) reconsider a finding of not guilty of any 

8 charge, unless there has been a finding of guilty under 

9 a specification laid under that charge, which suffi10 ciently alleges a violation; or 

11 ‘‘(iii) increase the severity of the sentence unless 

12 the sentence prescribed for the offense is mandatory. 

13 ‘‘(3) A rehearing may be ordered by the convening au14 thority if the convening authority disapproves the findings 

15 and sentence and states the reasons for disapproval of the 

16 findings. If the convening authority disapproves the finding 

17 and sentence and does not order a rehearing, the convening 

18 authority shall dismiss the charges. A rehearing as to the 

19 findings may not be ordered by the convening authority 

20 when there is a lack of sufficient evidence in the record to 

21 support the findings. A rehearing as to the sentence may 

22 be ordered by the convening authority if the convening au23 thority disapproves the sentence. 
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1 ‘‘§ 950c. Appellate referral; waiver or withdrawal of 

2 appeal 

3 ‘‘(a) AUTOMATIC REFERRAL FOR APPELLATE RE4 VIEW.—Except as provided in subsection (b), in each case 

5 in which the final decision of a military commission under 

6 this chapter (as approved by the convening authority) in7 cludes a finding of guilty, the convening authority shall 

8 refer the case to the United States Court of Appeals for the 

9 Armed Forces. Any such referral shall be made in accord10 ance with procedures prescribed under regulations of the 

11 Secretary. 

12 ‘‘(b) WAIVER OF RIGHT OF REVIEW.—(1) Except in 

13 a case in which the sentence as approved under section 950b 

14 of this title extends to death, an accused may file with the 

15 convening authority a statement expressly waiving the right 

16 of the accused to appellate review by the United States 

17 Court of Appeals for the Armed Forces under section 950f(a) 

18 of this title of the final decision of the military commission 

19 under this chapter. 

20 ‘‘(2) A waiver under paragraph (1) shall be signed by 

21 both the accused and a defense counsel. 

22 ‘‘(3) A waiver under paragraph (1) must be filed, if 

23 at all, within 10 days after notice of the action is served 

24 on the accused or on defense counsel under section 

25 950b(c)(4) of this title. The convening authority, for good 
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1 cause, may extend the period for such filing by not more 

2 than 30 days. 

3 ‘‘(c) WITHDRAWAL OF APPEAL.—Except in a case in 

4 which the sentence as approved under section 950b of this 

5 title extends to death, the accused may withdraw an appeal 

6 at any time. 

7 ‘‘(d) EFFECT OF WAIVER OR WITHDRAWAL.—A waiver 

8 of the right to appellate review or the withdrawal of an 

9 appeal under this section bars review under section 950f 

10 of this title. 

11 ‘‘§ 950d. Interlocutory appeals by the United States 

12 ‘‘(a) INTERLOCUTORY APPEAL.—Except as provided 

13 in subsection (b), in a trial by military commission under 

14 this chapter, the United States may take an interlocutory 

15 appeal to the United States Court of Appeals for the Armed 

16 Forces under section 950f of this title of any order or ruling 

17 of the military judge— 

18 ‘‘(1) that terminates proceedings of the military 

19 commission with respect to a charge or specification; 

20 ‘‘(2) that excludes evidence that is substantial 

21 proof of a fact material in the proceeding; 

22 ‘‘(3) that relates to a matter under subsection (c) 

23 or (d) of section 949d of this title; or 

24 ‘‘(4) that, with respect to classified informa25 tion— 
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1 ‘‘(A) authorizes the disclosure of such infor2 mation; 

3 ‘‘(B) imposes sanctions for nondisclosure of 

4 such information; or 

5 ‘‘(C) refuses a protective order sought by the 

6 United States to prevent the disclosure of such 

7 information. 

8 ‘‘(b) LIMITATION.—The United States may not appeal 

9 under subsection (a) an order or ruling that is, or amounts 

10 to, a finding of not guilty by the military commission with 

11 respect to a charge or specification. 

12 ‘‘(c) SCOPE OF APPEAL RIGHT WITH RESPECT TO

13 CLASSIFIED INFORMATION.—The United States has the 

14 right to appeal under paragraph (4) of subsection (a) when15 ever the military judge enters an order or ruling that would 

16 require the disclosure of classified information, without re17 gard to whether the order or ruling appealed from was en18 tered under this chapter, another provision of law, a rule, 

19 or otherwise. Any such appeal may embrace any preceding 

20 order, ruling, or reasoning constituting the basis of the 

21 order or ruling that would authorize such disclosure. 

22 ‘‘(d) TIMING AND ACTION ON INTERLOCUTORY AP23 PEALS RELATING TO CLASSIFIED INFORMATION.— 

24 ‘‘(1) APPEAL TO BE EXPEDITED.—An appeal 

25 taken pursuant to paragraph (4) of subsection (a) 
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1 shall be expedited by the United States Court of Ap2 peals for the Armed Forces. 

3 ‘‘(2) APPEALS BEFORE TRIAL.—If such an ap4 peal is taken before trial, the appeal shall be taken 

5 within 10 days after the order or ruling appealed 

6 from and the trial shall not commence until the ap7 peal is decided. 

8 ‘‘(3) APPEALS DURING TRIAL.—If such an ap9 peal is taken during trial, the military judge shall 

10 adjourn the trial until the appeal is decided, and the 

11 court of appeals— 

12 ‘‘(A) shall hear argument on such appeal 

13 within 4 days of the adjournment of the trial 

14 (excluding weekends and holidays); 

15 ‘‘(B) may dispense with written briefs other 

16 than the supporting materials previously sub17 mitted to the military judge; 

18 ‘‘(C) shall render its decision within four 

19 days of argument on appeal (excluding weekends 

20 and holidays); and 

21 ‘‘(D) may dispense with the issuance of a 

22 written opinion in rendering its decision. 

23 ‘‘(e) NOTICE AND TIMING OF OTHER APPEALS.—The 

24 United States shall take an appeal of an order or ruling 

25 under subsection (a), other than an appeal under para-
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1 graph (4) of that subsection, by filing a notice of appeal 

2 with the military judge within 5 days after the date of the 

3 order or ruling. 

4 ‘‘(f) METHOD OF APPEAL.—An appeal under this sec5 tion shall be forwarded, by means specified in regulations 

6 prescribed by the Secretary of Defense, directly to the 

7 United States Court of Appeals for the Armed Forces. 

8 ‘‘(g) APPEALS COURT TO ACT ONLY WITH RESPECT

9 TO MATTER OF LAW.—In ruling on an appeal under para10 graph (1), (2), or (3) of subsection (a), the appeals court 

11 may act only with respect to matters of law. 

12 ‘‘(h) SUBSEQUENT APPEAL RIGHTS OF ACCUSED NOT

13 AFFECTED.—An appeal under paragraph (4) of subsection 

14 (a), and a decision on such appeal, shall not affect the right 

15 of the accused, in a subsequent appeal from a judgment of 

16 conviction, to claim as error reversal by the military judge 

17 on remand of a ruling appealed from during trial. 

18 ‘‘§ 950e. Rehearings 

19 ‘‘(a) COMPOSITION OF MILITARY COMMISSION FOR RE20 HEARING.—Each rehearing under this chapter shall take 

21 place before a military commission under this chapter com22 posed of members who were not members of the military 

23 commission which first heard the case. 

24 ‘‘(b) SCOPE OF REHEARING.—(1) Upon a rehearing— 
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1 ‘‘(A) the accused may not be tried for any offense 

2 of which he was found not guilty by the first military 

3 commission; and 

4 ‘‘(B) no sentence in excess of or more than the 

5 original sentence may be imposed unless— 

6 ‘‘(i) the sentence is based upon a finding of 

7 guilty of an offense not considered upon the mer8 its in the original proceedings; or 

9 ‘‘(ii) the sentence prescribed for the offense 

10 is mandatory. 

11 ‘‘(2) Upon a rehearing, if the sentence approved after 

12 the first military commission was in accordance with a pre13 trial agreement and the accused at the rehearing changes 

14 his plea with respect to the charges or specifications upon 

15 which the pretrial agreement was based, or otherwise does 

16 not comply with pretrial agreement, the sentence as to those 

17 charges or specifications may include any punishment not 

18 in excess of that lawfully adjudged at the first military com19 mission. 

20 ‘‘§ 950f. Review by United States Court of Appeals for 

21 the Armed Forces and Supreme Court 

22 ‘‘(a) REVIEW BY UNITED STATES COURT OF APPEALS

23 FOR THE ARMED FORCES.—(1) Subject to the provisions 

24 of this subsection, the United States Court of Appeals for 

25 the Armed Forces shall have exclusive jurisdiction to deter-
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1 mine the final validity of any judgment rendered by a mili2 tary commission under this chapter. 

3 ‘‘(2) In any case referred to it pursuant to section 

4 950c(a) of this title, the United States Court of Appeals for 

5 the Armed Forces may act only with respect to the findings 

6 and sentence as approved by the convening authority. It 

7 may affirm only such findings of guilty, and the sentence 

8 or such part or amount of the sentence, as it finds correct 

9 in law and fact and determines, on the basis of the entire 

10 record, should be approved. In considering the record, it 

11 may weigh the evidence, judge the credibility of witnesses, 

12 and determine controverted questions of fact, recognizing 

13 that the trial court saw and heard the witnesses. 

14 ‘‘(3) If the United States Court of Appeals for the 

15 Armed Forces sets aside the findings and sentence, it may, 

16 except where the setting aside is based on lack of sufficient 

17 evidence in the record to support the findings, order a re18 hearing. If it sets aside the findings and sentence and does 

19 not order a rehearing, it shall order that the charges be dis20 missed. 

21 ‘‘(b) REVIEW BY SUPREME COURT.—The Supreme 

22 Court of the United States may review by writ of certiorari 

23 pursuant to section 1257 of title 28 the final judgment of 

24 the United States Court of Appeals for the Armed Forces 

25 in a determination under subsection (a). 
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1 ‘‘§ 950g. Appellate counsel 

2 ‘‘(a) APPOINTMENT.—The Secretary of Defense shall, 

3 by regulation, establish procedures for the appointment of 

4 appellate counsel for the United States and for the accused 

5 in military commissions under this chapter. Appellate 

6 counsel shall meet the qualifications of counsel for appear7 ing before military commissions under this chapter. 

8 ‘‘(b) REPRESENTATION OF UNITED STATES.—Appel9 late counsel may represent the United States in any appeal 

10 or review proceeding under this chapter. Appellate Govern11 ment counsel may represent the United States before the 

12 Supreme Court in case arising under this chapter when re13 quested to do so by the Attorney General. 

14 ‘‘(c) REPRESENTATION OF ACCUSED.—The accused 

15 shall be represented before the United States Court of Ap16 peals for the Armed Forces or the Supreme Court by mili17 tary appellate counsel, or by civilian counsel if retained 

18 by him. 

19 ‘‘§ 950h. Execution of sentence; suspension of sentence 

20 ‘‘(a) EXECUTION OF SENTENCE OF DEATH ONLY UPON

21 APPROVAL BY THE PRESIDENT.—If the sentence of a mili22 tary commission under this chapter extends to death, that 

23 part of the sentence providing for death may not be executed 

24 until approved by the President. In such a case, the Presi25 dent may commute, remit, or suspend the sentence, or any 

26 part thereof, as he sees fit. 
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1 ‘‘(b) EXECUTION OF SENTENCE OF DEATH ONLY UPON

2 FINAL JUDGMENT OF LEGALITY OF PROCEEDINGS.—(1) If 

3 the sentence of a military commission under this chapter 

4 extends to death, the sentence may not be executed until 

5 there is a final judgement as to the legality of the pro6 ceedings (and with respect to death, approval under sub7 section (a)). 

8 ‘‘(2) A judgement as to legality of proceedings is final 

9 for purposes of paragraph (1) when review is completed in 

10 accordance with the judgment of the United States Court 

11 of Appeals for the Armed Forces and (A) a petition for a 

12 writ of certiorari is not timely filed, (B) such a petition 

13 is denied by the Supreme Court, or (C) review is otherwise 

14 completed in accordance with the judgment of the Supreme 

15 Court. 

16 ‘‘(c) SUSPENSION OF SENTENCE.—The Secretary of the 

17 Defense, or the convening authority acting on the case (if 

18 other than the Secretary), may suspend the execution of any 

19 sentence or part thereof in the case. 

20 ‘‘§ 950i. Finality of proceedings, findings, and sen21 tences 

22 ‘‘The appellate review of records of trial provided by 

23 this chapter, and the proceedings, findings, and sentences 

24 of military commissions as approved, reviewed, or affirmed 

25 as required by this chapter, are final and conclusive. Orders 
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1 publishing the proceedings of military commissions under 

2 this chapter are binding upon all departments, courts, 

3 agencies, and officers of the United States, subject only to 

4 action by the Secretary or the convening authority as pro5 vided in section 950h(c) of this title and the authority of 

6 the President. 

7 ‘‘SUBCHAPTER VIII—PUNITIVE MATTERS 

8 ‘‘§ 950p. Definitions; construction of certain offenses; 

9 common circumstances 

10 ‘‘(a) DEFINITIONS.—In this subchapter: 

11 ‘‘(1) The term ‘military objective’ means combat12 ants and those objects during an armed conflict 

13 which, by their nature, location, purpose, or use, effec14 tively contribute to the war-fighting or war-sus15 taining capability of an opposing force and whose 

16 total or partial destruction, capture, or neutralization 

17 would constitute a definite military advantage to the 

18 attacker under the circumstances at the time of an at19 tack. 

20 ‘‘(2) The term ‘protected person’ means any per21 son entitled to protection under one or more of the 

22 Geneva Conventions, including civilians not taking 

23 an active part in hostilities, military personnel 

24 placed out of combat by sickness, wounds, or deten25 tion, and military medical or religious personnel. 
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1 ‘‘(3) The term ‘protected property’ means any 

2 property specifically protected by the law of war, in3 cluding buildings dedicated to religion, education, 

4 art, science, or charitable purposes, historic monu5 ments, hospitals, and places where the sick and 

6 wounded are collected, but only if and to the extent 

7 such property is not being used for military purposes 

8 or is not otherwise a military objective. The term in9 cludes objects properly identified by one of the distinc10 tive emblems of the Geneva Conventions, but does not 

11 include civilian property that is a military objective. 

12 ‘‘(b) CONSTRUCTION OF CERTAIN OFFENSES.—The in13 tent required for offenses under paragraphs (1), (2), (3), 

14 (4), and (12) of section 950w of this title precludes their 

15 applicability with regard to collateral damage or to death, 

16 damage, or injury incident to a lawful attack. 

17 ‘‘(c) COMMON CIRCUMSTANCES.—An offense specified 

18 in this subchapter is triable by military commission under 

19 this chapter only if the offense is committed in the context 

20 of and associated with armed conflict. 

21 ‘‘(d) OFFENSES ENCOMPASSED UNDER LAW OF

22 WAR.—To the extent that the provisions of this subchapter 

23 codify offenses that have traditionally been triable under 

24 the law of war or otherwise triable by military commission, 

25 this subchapter does not preclude trial for offenses that oc-
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1 curred before the date of the enactment of the National De2 fense Authorization Act for Fiscal Year 2010. 

3 ‘‘§ 950q. Principals 

4 ‘‘Any person punishable under this chapter who— 

5 ‘‘(1) commits an offense punishable by this chap6 ter, or aids, abets, counsels, commands, or procures its 

7 commission; 

8 ‘‘(2) causes an act to be done which if directly 

9 performed by him would be punishable by this chap10 ter; or 

11 ‘‘(3) is a superior commander who, with regard 

12 to acts punishable by this chapter, knew, had reason 

13 to know, or should have known, that a subordinate 

14 was about to commit such acts or had done so and 

15 who failed to take the necessary and reasonable meas16 ures to prevent such acts or to punish the perpetrators 

17 thereof, 

18 is a principal. 

19 ‘‘§ 950r. Accessory after the fact 

20 ‘‘Any person subject to this chapter who, knowing that 

21 an offense punishable by this chapter has been committed, 

22 receives, comforts, or assists the offender in order to hinder 

23 or prevent his apprehension, trial, or punishment shall be 

24 punished as a military commission under this chapter may 

25 direct. 
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1 ‘‘§ 950s. Conviction of lesser offenses 

2 ‘‘An accused may be found guilty of an offense nec3 essarily included in the offense charged or of an attempt 

4 to commit either the offense charged or an attempt to com5 mit either the offense charged or an offense necessarily in6 cluded therein. 

7 ‘‘§ 950t. Attempts 

8 ‘‘(a) IN GENERAL.—Any person subject to this chapter 

9 who attempts to commit any offense punishable by this 

10 chapter shall be punished as a military commission under 

11 this chapter may direct. 

12 ‘‘(b) SCOPE OF OFFENSE.—An act, done with specific 

13 intent to commit an offense under this chapter, amounting 

14 to more than mere preparation and tending, even though 

15 failing, to effect its commission, is an attempt to commit 

16 that offense. 

17 ‘‘(c) EFFECT OF CONSUMMATION.—Any person subject 

18 to this chapter may be convicted of an attempt to commit 

19 an offense although it appears on the trial that the offense 

20 was consummated. 

21 ‘‘§ 950u. Conspiracy 

22 ‘‘Any person subject to this chapter who conspires to 

23 commit one or more substantive offenses triable by military 

24 commission under this subchapter, and who knowingly does 

25 any overt act to effect the object of the conspiracy, shall 

26 be punished, if death results to one or more of the victims, 
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1 by death or such other punishment as a military commis2 sion under this chapter may direct, and, if death does not 

3 result to any of the victims, by such punishment, other than 

4 death, as a military commission under this chapter may 

5 direct. 

6 ‘‘§ 950v. Solicitation 

7 ‘‘Any person subject to this chapter who solicits or ad8 vises another or others to commit one or more substantive 

9 offenses triable by military commission under this chapter 

10 shall, if the offense solicited or advised is attempted or com11 mitted, be punished with the punishment provided for the 

12 commission of the offense, but, if the offense solicited or ad13 vised is not committed or attempted, he shall be punished 

14 as a military commission under this chapter may direct. 

15 ‘‘§ 950w. Crimes triable by military commissions 

16 ‘‘The following offenses shall be triable by military 

17 commission under this chapter at any time without limita18 tion: 

19 ‘‘(1) MURDER OF PROTECTED PERSONS.—Any 

20 person subject to this chapter who intentionally kills 

21 one or more protected persons shall be punished by 

22 death or such other punishment as a military com23 mission under this chapter may direct. 

24 ‘‘(2) ATTACKING CIVILIANS.—Any person subject 

25 to this chapter who intentionally engages in an attack 
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1 upon a civilian population as such, or individual ci2 vilians not taking active part in hostilities, shall be 

3 punished, if death results to one or more of the vic4 tims, by death or such other punishment as a mili5 tary commission under this chapter may direct, and, 

6 if death does not result to any of the victims, by such 

7 punishment, other than death, as a military commis8 sion under this chapter may direct. 

9 ‘‘(3) ATTACKING CIVILIAN OBJECTS.—Any person 

10 subject to this chapter who intentionally engages in 

11 an attack upon a civilian object that is not a mili12 tary objective shall be punished as a military com13 mission under this chapter may direct. 

14 ‘‘(4) ATTACKING PROTECTED PROPERTY.—Any 

15 person subject to this chapter who intentionally en16 gages in an attack upon protected property shall be 

17 punished as a military commission under this chap18 ter may direct. 

19 ‘‘(5) PILLAGING.—Any person subject to this 

20 chapter who intentionally and in the absence of mili21 tary necessity appropriates or seizes property for pri22 vate or personal use, without the consent of a person 

23 with authority to permit such appropriation or sei24 zure, shall be punished as a military commission 

25 under this chapter may direct. 
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1 ‘‘(6) DENYING QUARTER.—Any person subject to 

2 this chapter who, with effective command or control 

3 over subordinate groups, declares, orders, or otherwise 

4 indicates to those groups that there shall be no sur5 vivors or surrender accepted, with the intent to 

6 threaten an adversary or to conduct hostilities such 

7 that there would be no survivors or surrender accept8 ed, shall be punished as a military commission under 

9 this chapter may direct. 

10 ‘‘(7) TAKING HOSTAGES.—Any person subject to 

11 this chapter who, having knowingly seized or detained 

12 one or more persons, threatens to kill, injure, or con13 tinue to detain such person or persons with the intent 

14 of compelling any nation, person other than the hos15 tage, or group of persons to act or refrain from acting 

16 as an explicit or implicit condition for the safety or 

17 release of such person or persons, shall be punished, 

18 if death results to one or more of the victims, by death 

19 or such other punishment as a military commission 

20 under this chapter may direct, and, if death does not 

21 result to any of the victims, by such punishment, 

22 other than death, as a military commission under 

23 this chapter may direct. 

24 ‘‘(8) EMPLOYING POISON OR SIMILAR WEAP25 ONS.—Any person subject to this chapter who inten-
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1 tionally, as a method of warfare, employs a substance 

2 or weapon that releases a substance that causes death 

3 or serious and lasting damage to health in the ordi4 nary course of events, through its asphyxiating, bac5 teriological, or toxic properties, shall be punished, if 

6 death results to one or more of the victims, by death 

7 or such other punishment as a military commission 

8 under this chapter may direct, and, if death does not 

9 result to any of the victims, by such punishment, 

10 other than death, as a military commission under 

11 this chapter may direct. 

12 ‘‘(9) USING PROTECTED PERSONS AS A

13 SHIELD.—Any person subject to this chapter who po14 sitions, or otherwise takes advantage of, a protected 

15 person with the intent to shield a military objective 

16 from attack. or to shield, favor, or impede military 

17 operations, shall be punished, if death results to one 

18 or more of the victims, by death or such other punish19 ment as a military commission under this chapter 

20 may direct, and, if death does not result to any of the 

21 victims, by such punishment, other than death, as a 

22 military commission under this chapter may direct. 

23 ‘‘(10) USING PROTECTED PROPERTY AS A

24 SHIELD.—Any person subject to this chapter who po25 sitions, or otherwise takes advantage of the location 
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1 of, protected property with the intent to shield a mili2 tary objective from attack, or to shield, favor, or im3 pede military operations, shall be punished as a mili4 tary commission under this chapter may direct. 

5 ‘‘(11) TORTURE.— 

6 ‘‘(A) OFFENSE.—Any person subject to this 

7 chapter who commits an act specifically intended 

8 to inflict severe physical or mental pain or suf9 fering (other than pain or suffering incidental to 

10 lawful sanctions) upon another person within his 

11 custody or physical control for the purpose of ob12 taining information or a confession, punishment, 

13 intimidation, coercion, or any reason based on 

14 discrimination of any kind, shall be punished, if 

15 death results to one or more of the victims, by 

16 death or such other punishment as a military 

17 commission under this chapter may direct, and, 

18 if death does not result to any of the victims, by 

19 such punishment, other than death, as a military 

20 commission under this chapter may direct. 

21 ‘‘(B) SEVERE MENTAL PAIN OR SUFFERING

22 DEFINED.—In this paragraph, the term ‘severe 

23 mental pain or suffering’ has the meaning given 

24 that term in section 2340(2) of title 18. 
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1 ‘‘(12) CRUEL OR INHUMAN TREATMENT.—Any 

2 person subject to this chapter who subjects another 

3 person in their custody or under their physical con4 trol, regardless of nationality or physical location, to 

5 cruel or inhuman treatment that constitutes a grave 

6 breach of common Article 3 of the Geneva Conventions 

7 shall be punished, if death results to the victim, by 

8 death or such other punishment as a military com9 mission under this chapter may direct, and, if death 

10 does not result to the victim, by such punishment, 

11 other than death, as a military commission under 

12 this chapter may direct. 

13 ‘‘(13) INTENTIONALLY CAUSING SERIOUS BODILY

14 INJURY.— 

15 ‘‘(A) OFFENSE.—Any person subject to this 

16 chapter who intentionally causes serious bodily 

17 injury to one or more persons, including privi18 leged belligerents, in violation of the law of war 

19 shall be punished, if death results to one or more 

20 of the victims, by death or such other punish21 ment as a military commission under this chap22 ter may direct, and, if death does not result to 

23 any of the victims, by such punishment, other 

24 than death, as a military commission under this 

25 chapter may direct. 
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1 ‘‘(B) SERIOUS BODILY INJURY DEFINED.— 

2 In this paragraph, the term ‘serious bodily in3 jury’ means bodily injury which involves— 

4 ‘‘(i) a substantial risk of death; 

5 ‘‘(ii) extreme physical pain; 

6 ‘‘(iii) protracted and obvious disfigure7 ment; or 

8 ‘‘(iv) protracted loss or impairment of 

9 the function of a bodily member, organ, or 

10 mental faculty. 

11 ‘‘(14) MUTILATING OR MAIMING.—Any person 

12 subject to this chapter who intentionally injures one 

13 or more protected persons by disfiguring the person or 

14 persons by any mutilation of the person or persons, 

15 or by permanently disabling any member, limb, or 

16 organ of the body of the person or persons, without 

17 any legitimate medical or dental purpose, shall be 

18 punished, if death results to one or more of the vic19 tims, by death or such other punishment as a mili20 tary commission under this chapter may direct, and, 

21 if death does not result to any of the victims, by such 

22 punishment, other than death, as a military commis23 sion under this chapter may direct. 

24 ‘‘(15) MURDER IN VIOLATION OF THE LAW OF

25 WAR.—Any person subject to this chapter who inten-
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1 tionally kills one or more persons, including privi2 leged belligerents, in violation of the law of war shall 

3 be punished by death or such other punishment as a 

4 military commission under this chapter may direct. 

5 ‘‘(16) DESTRUCTION OF PROPERTY IN VIOLATION

6 OF THE LAW OF WAR.—Any person subject to this 

7 chapter who intentionally destroys property belonging 

8 to another person in violation of the law of war shall 

9 punished as a military commission under this chap10 ter may direct. 

11 ‘‘(17) USING TREACHERY OR PERFIDY.—Any 

12 person subject to this chapter who, after inviting the 

13 confidence or belief of one or more persons that they 

14 were entitled to, or obliged to accord, protection under 

15 the law of war, intentionally makes use of that con16 fidence or belief in killing, injuring, or capturing 

17 such person or persons shall be punished, if death re18 sults to one or more of the victims, by death or such 

19 other punishment as a military commission under 

20 this chapter may direct, and, if death does not result 

21 to any of the victims, by such punishment, other than 

22 death, as a military commission under this chapter 

23 may direct. 

24 ‘‘(18) IMPROPERLY USING A FLAG OF TRUCE.— 

25 Any person subject to this chapter who uses a flag of 
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1 truce to feign an intention to negotiate, surrender, or 

2 otherwise suspend hostilities when there is no such in3 tention shall be punished as a military commission 

4 under this chapter may direct. 

5 ‘‘(19) IMPROPERLY USING A DISTINCTIVE EM6 BLEM.—Any person subject to this chapter who inten7 tionally uses a distinctive emblem recognized by the 

8 law of war for combatant purposes in a manner pro9 hibited by the law of war shall be punished as a mili10 tary commission under this chapter may direct. 

11 ‘‘(20) INTENTIONALLY MISTREATING A DEAD

12 BODY.—Any person subject to this chapter who inten13 tionally mistreats the body of a dead person, without 

14 justification by legitimate military necessary, shall be 

15 punished as a military commission under this chap16 ter may direct. 

17 ‘‘(21) RAPE.—Any person subject to this chapter 

18 who forcibly or with coercion or threat of force wrong19 fully invades the body of a person by penetrating, 

20 however slightly, the anal or genital opening of the 

21 victim with any part of the body of the accused, or 

22 with any foreign object, shall be punished as a mili23 tary commission under this chapter may direct. 

24 ‘‘(22) SEXUAL ASSAULT OR ABUSE.—Any person 

25 subject to this chapter who forcibly or with coercion 
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1 or threat of force engages in sexual contact with one 

2 or more persons, or causes one or more persons to en3 gage in sexual contact, shall be punished as a mili4 tary commission under this chapter may direct 

5 ‘‘(23) HIJACKING OR HAZARDING A VESSEL OR

6 AIRCRAFT.—Any person subject to this chapter who 

7 intentionally seizes, exercises unauthorized control 

8 over, or endangers the safe navigation of a vessel or 

9 aircraft that is not a legitimate military objective 

10 shall be punished, if death results to one or more of 

11 the victims, by death or such other punishment as a 

12 military commission under this chapter may direct, 

13 and, if death does not result to any of the victims, by 

14 such punishment, other than death, as a military 

15 commission under this chapter may direct. 

16 ‘‘(24) TERRORISM.—Any person subject to this 

17 chapter who intentionally kills or inflicts great bodily 

18 harm on one or more protected persons, or inten19 tionally engages in an act that evinces a wanton dis20 regard for human life, in a manner calculated to in21 fluence or affect the conduct of government or civilian 

22 population by intimidation or coercion, or to retali23 ate against government conduct, shall be punished, if 

24 death results to one or more of the victims, by death 

25 or such other punishment as a military commission 
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1 under this chapter may direct, and, if death does not 

2 result to any of the victims, by such punishment, 

3 other than death, as a military commission under 

4 this chapter may direct. 

5 ‘‘(25) PROVIDING MATERIAL SUPPORT FOR TER6 RORISM.— 

7 ‘‘(A) OFFENSE.—Any person subject to this 

8 chapter who provides material support or re9 sources, knowing or intending that they are to be 

10 used in preparation for, or in carrying out, an 

11 act of terrorism (as set forth in paragraph (23) 

12 of this section), or who intentionally provides 

13 material support or resources to an international 

14 terrorist organization engaged in hostilities 

15 against the United States, knowing that such or16 ganization has engaged or engages in terrorism 

17 (as so set forth), shall be punished as a military 

18 commission under this chapter may direct. 

19 ‘‘(B) MATERIAL SUPPORT OR RESOURCES

20 DEFINED.—In this paragraph, the term ‘mate21 rial support or resources’ has the meaning given 

22 that term in section 2339A(b) of title 18. 

23 ‘‘(26) WRONGFULLY AIDING THE ENEMY.—Any 

24 person subject to this chapter who, in breach of an al25 legiance or duty to the United States, knowingly and 
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1 intentionally aids an enemy of the United States, or 

2 one of the co-belligerents of the enemy, shall be pun3 ished as a military commission under this chapter 

4 may direct. 

5 ‘‘(27) SPYING.—Any person subject to this chap6 ter who, in violation of the law of war and with in7 tent or reason to believe that it is to be used to the 

8 injury of the United States or to the advantage of a 

9 foreign power, collects or attempts to collect informa10 tion by clandestine means or while acting under false 

11 pretenses, for the purpose of conveying such informa12 tion to an enemy of the United States, or one of the 

13 co-belligerents of the enemy, shall be punished by 

14 death or such other punishment as a military com15 mission under this chapter may direct. 

16 ‘‘(28) CONTEMPT.—A military commission 

17 under this chapter may punish for contempt any per18 son who uses any menacing word, sign, or gesture in 

19 its presence, or who disturbs its proceedings by any 

20 riot or disorder. 

21 ‘‘(29) PERJURY AND OBSTRUCTION OF JUS22 TICE.—A military commission under this chapter 

23 may try offenses and impose such punishment as the 

24 military commission may direct for perjury, false tes-
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1 timony, or obstruction of justice related to the mili2 tary commission.’’. 

3 (b) CONFORMING AMENDMENT.—Paragraph (13) of 

4 section 802 of title 10, United States Code (article 2 of the 

5 Uniform Code of Military Justice), is amended to read as 

6 follows: 

7 ‘‘(13) Privileged belligerents (as that term is de8 fined section 948a(3) of this title) who violate the law 

9 of war.’’. 

10 (c) PROCEEDINGS UNDER PRIOR STATUTE.— 

11 (1) PRIOR CONVICTIONS.—The amendments 

12 made by subsection (a) shall have no effect on the va13 lidity of any conviction pursuant to chapter 47A of 

14 title 10, United States Code, as such chapter was in 

15 effect on the day before the date of the enactment of 

16 this Act. 

17 (2) COMPOSITION OF MILITARY COMMISSIONS.— 

18 Notwithstanding the amendments made by subsection 

19 (a)— 

20 (A) any commission convened pursuant to 

21 chapter 47A of title 10, United States Code, as 

22 such chapter was in effect on the day before the 

23 date of the enactment of this Act, shall be deemed 

24 to have been convened pursuant to chapter 47A 
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1 of title 10, United States Code, as amended by 

2 subsection (a); 

3 (B) any member of the Armed Forces de4 tailed to serve on a commission pursuant to 

5 chapter 47A of title 10, United States Code, as 

6 in effect on the day before the date of the enact7 ment of this Act, shall be deemed to have been de8 tailed pursuant to chapter 47A of title 10, 

9 United States Code, as so amended; 

10 (C) any military judge detailed to a com11 mission pursuant to chapter 47A of title 10, 

12 United States Code, as in effect on the day before 

13 the date of the enactment of this Act, shall be 

14 deemed to have been detailed pursuant to chapter 

15 47A of title 10, United States Code, as so amend16 ed; 

17 (D) any trial counsel or defense counsel de18 tailed for a commission pursuant to chapter 47A 

19 of title 10, United States Code, as in effect on the 

20 day before the date of the enactment of this Act, 

21 shall be deemed to have been detailed pursuant 

22 to chapter 47A of title 10, United States Code, 

23 as so amended; and 

24 (E) any court reporters detailed to or em25 ployed by a commission pursuant to chapter 47A 
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1 of title 10, United States Code, as in effect on the 

2 day before the date of the enactment of this Act, 

3 shall be deemed to have been detailed or em4 ployed pursuant to chapter 47A of title 10, 

5 United States Code, as so amended. 

6 (3) CHARGES AND SPECIFICATIONS.—Notwith7 standing the amendments made by subsection (a)— 

8 (A) any charges or specifications sworn or 

9 referred pursuant to chapter 47A of title 10, 

10 United States Code, as such chapter was in effect 

11 on the day before the date of the enactment of 

12 this Act, shall be deemed to have been sworn or 

13 referred pursuant to chapter 47A of title 10, 

14 United States Code, as amended by subsection 

15 (a); and 

16 (B) any charges or specifications described 

17 in subparagraph (A) may be amended, without 

18 prejudice, as needed to properly allege jurisdic19 tion under chapter 47A of title 10, United States 

20 Code, as so amended, and crimes triable under 

21 such chapter. 

22 (4) PROCEDURES AND REQUIREMENTS.—Except 

23 as provided in paragraphs (1) through (3), any com24 mission convened pursuant to chapter 47A of title 10, 

25 United States Code, as such chapter was in effect on 
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1 the day before the date of the enactment of this Act, 

2 shall be conducted after the date of the enactment of 

3 this Act in accordance with the procedures and re4 quirements of chapter 47A of title 10, United States 

5 Code, as amended by subsection (a). 

6 (d) NOTICE TO CONGRESS.— 

7 (1) INITIAL RULES.—Not later than 90 days 

8 after the date of the enactment of this Act, the Sec9 retary of Defense shall submit to the Committees on 

10 Armed Services of the Senate and the House of Rep11 resentatives a report setting for the procedures for 

12 military commissions prescribed under chapter 47A 

13 of title 10, United States Code, as amended by sub14 section (a). 

15 (2) CHANGES TO PROCEDURES.—Not later than 

16 60 days before the date on which any proposed modi17 fication of the regulations in effect for military com18 missions under Chapter 47A of title 10, United States 

19 Code, as so amended, goes into effect, the Secretary of 

20 Defense shall submit to the Committees on Armed 

21 Services of the Senate and the House of Representa22 tives a report describing the modification. 
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1 SEC. 1032. TRIAL BY MILITARY COMMISSION OF ALIEN 

2 UNPRIVILEGED BELLIGERENTS FOR VIOLA3 TIONS OF THE LAW OF WAR. 

4 (a) IN GENERAL.—Subchapter I of chapter 47A of title 

5 10, United States Code, as amended by section 1031(a), is 

6 further amended by adding at the end the following new 

7 section: 

8 ‘‘§ 948e. Trial by military commission of alien 

9 unprivileged belligerents for violations of 

10 the law of war 

11 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress 

12 that the preferred forum for the trial of alien unprivileged 

13 enemy belligerents subject to this chapter for violations of 

14 the law of war and other offenses made punishable by this 

15 chapter is trial by military commission under this chap16 ter.’’ 

17 (b) CLERICAL AMENDMENT.—The table of sections of 

18 the beginning of such subchapter, as amended by section 

19 1031(a), is further amended by adding after the item relat20 ing to section 948d the following new item: 

‘‘948e. Trial by military commission of alien unprivileged belligerents for violations of the law of war.’’. 

21 SEC. 1033. NO MIRANDA WARNINGS FOR AL QAEDA TERROR22 ISTS. 

23 (a) DEFINITIONS.—In this section— 
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1 (1) the term ‘‘foreign national’’ means an indi2 vidual who is not a citizen or national of the United 

3 States; and 

4 (2) the term ‘‘enemy combatant’’ includes a priv5 ileged belligerent and an unprivileged enemy bellig6 erent, as those terms are defined in section 948a of 

7 title 10, United States Code, as amended by section 

8 1031 of this Act. 

9 (b) NO MIRANDA WARNINGS.—Absent an unappealable 

10 court order requiring the reading of such statements, no 

11 military or intelligence agency or department of the United 

12 States shall read to a foreign national who is captured or 

13 detained as an enemy combatant by the United States the 

14 statement required by Miranda v. Arizona, 384 U.S. 436 

15 (1966), or otherwise inform such a prisoner of any rights 

16 that the prisoner may or may not have to counsel or to 

17 remain silent consistent with Miranda v. Arizona, 384 U.S. 

18 436 (1966). No Federal statute, regulation, or treaty shall 

19 be construed to require that a foreign national who is cap20 tured or detained as an enemy combatant by the United 

21 States be informed of any rights to counsel or remain silent 

22 consistent with Miranda v. Arizona, 384 U.S. 436 (1966) 

23 that the prisoner may or may not have, except as required 

24 by the United States Constitution. No statement that is 

25 made by a foreign national who is captured or detained 
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1 as an enemy combatant by the United States may be ex2 cluded from any proceeding on the basis that the prisoner 

3 was not informed of a right to counsel or to remain silent, 

4 that the prisoner may or may not have, unless required by 

5 the United States Constitution. 

6 (c) IN GENERAL.—This section shall not apply to the 

7 Department of Justice. 

8 Subtitle E—Medical Facility 

9 Matters 

10 SEC. 1041. SHORT TITLE. 

11 This subtitle may be cited as the ‘‘Captain James A. 

12 Lovell Federal Health Care Center Act of 2009’’. 

13 SEC. 1042. EXECUTIVE AGREEMENT. 

14 (a) EXECUTIVE AGREEMENT REQUIRED.—Not later 

15 than 180 days after the date of the enactment of this Act, 

16 the Secretary of Defense, in consultation with the Secretary 

17 of the Navy, and the Secretary of Veterans Affairs shall exe18 cute a signed executive agreement for the joint use by the 

19 Department of Defense and the Department of Veterans Af20 fairs of the following: 

21 (1) A new Navy ambulatory care center (on 

22 which construction commenced in July 2008), park23 ing structure, and supporting structures and facilities 

24 in North Chicago, Illinois, and Great Lakes, Illinois. 
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1 (2) Medical personal property and equipment re2 lating to the center, structures, and facilities described 

3 in paragraph (1). 

4 (b) SCOPE.—The agreement required by subsection (a) 

5 shall— 

6 (1) be a binding operational agreement on mat7 ters under the areas specified in section 706 of the 

8 Duncan Hunter National Defense Authorization Act 

9 for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

10 4500); and 

11 (2) contain additional terms and conditions as 

12 required by the provisions of this title. 

13 SEC. 1043. TRANSFER OF PROPERTY. 

14 (a) TRANSFER.— 

15 (1) TRANSFER AUTHORIZED.—The Secretary of 

16 Defense, acting through the Administrator of General 

17 Services, may transfer, without reimbursement, to the 

18 Secretary of Veterans Affairs jurisdiction over the 

19 center, structures, facilities, and property and equip20 ment covered by the executive agreement under section 

21 1042. 

22 (2) DATE OF TRANSFER.—The transfer author23 ized by paragraph (1) may not occur before the ear24 lier of— 
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1 (A) the date that is five years after the date 

2 of the execution under section 1042 of the execu3 tive agreement required by that section; or 

4 (B) the date of the completion of such spe5 cific benchmarks relating to the joint use by the 

6 Department of Defense and the Department of 

7 Veterans Affairs of the Navy ambulatory care 

8 center described in section 1042(a)(1) as the Sec9 retary of Defense (in consultation with the Sec10 retary of the Navy) and Secretary of the Depart11 ment of Veterans Affairs shall jointly establish 

12 for purposes of this section not later than 180 

13 days after the date of the enactment of this Act. 

14 (3) DELAY OF TRANSFER FOR COMPLETION OF

15 CONSTRUCTION.—If construction on the center, struc16 tures, and facilities described in paragraph (1) is not 

17 complete as of the date specified in subparagraph (A) 

18 or (B) of that paragraph, as applicable, the transfer 

19 of the center, structures, and facilities under that 

20 paragraph may occur thereafter upon completion of 

21 the construction. 

22 (4) DISCHARGE OF TRANSFER.—The Adminis23 trator of General Services shall effectualize and me24 morialize the transfer as authorized by this subsection 
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1 not later than 30 days after receipt of the request for 

2 the transfer. 

3 (5) DESIGNATION OF FACILITY.—The center, 

4 structures, facilities transferred under this subsection 

5 shall be designated and known after transfer under 

6 this subsection as the ‘‘Captain James A. Lovell Fed7 eral Health Care Center’’. 

8 (b) REVERSION.— 

9 (1) IN GENERAL.—If any of the real and related 

10 personal property transferred pursuant to subsection 

11 (a) is subsequently used for purposes other than those 

12 specified in the executive agreement required by sec13 tion 1042, or is otherwise jointly determined by the 

14 Secretary of Defense and the Secretary of Veterans Af15 fairs to be excess to the needs of the Captain James 

16 A. Lovell Federal Health Care Center, the Secretary 

17 of Veterans Affairs shall offer to transfer jurisdiction 

18 over such property, without reimbursement, to the 

19 Secretary of Defense. Any such transfer shall be car20 ried out by the Administrator of General Services not 

21 later than one year after the acceptance of the offer 

22 of such transfer, plus such additional time as the Ad23 ministrator may require to effectuate and memori24 alize such transfer. 
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1 (2) REVERSION IN EVENT OF LACK OF FACILI2 TIES INTEGRATION.— 

3 (A) WITHIN INITIAL PERIOD.—During the 

4 five-year period beginning on the date of the 

5 transfer of real and related personal property 

6 pursuant to subsection (a), if the Secretary of 

7 Veterans Affairs, the Secretary of Defense, and 

8 the Secretary of Navy jointly determine that the 

9 integration of the facilities transferred pursuant 

10 to that subsection should not continue, jurisdic11 tion over such real and related personal property 

12 shall be transferred, without reimbursement, to 

13 the Secretary of Defense. The transfer under this 

14 subparagraph shall be carried out by the Admin15 istrator of General Services not later than 180 

16 days after the date of the determination by the 

17 Secretaries, plus such additional time as the Ad18 ministrator may require to effectuate and memo19 rialize such transfer. 

20 (B) AFTER INITIAL PERIOD.—After the end 

21 of the five-year period described in subparagraph 

22 (A), if the Secretary of Veterans Affairs or the 

23 Secretary of Defense determines that the integra24 tion of the facilities transferred pursuant to sub25 section (a) should not continue, the Secretary of 
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1 Veterans Affairs shall transfer, without reim2 bursement, to the Secretary of Defense jurisdic3 tion over the real and related personal property 

4 described in subparagraph (A). Any transfer 

5 under this subparagraph shall be carried out by 

6 the Administrator of General Services not later 

7 than one year after the date of the determination 

8 by the applicable Secretary, plus such additional 

9 time as the Administrator may require to effec10 tuate and memorialize such transfer. 

11 (C) REVERSION PROCEDURES.—The execu12 tive agreement required by section 1042 shall 

13 provide the following: 

14 (i) Specific procedures for the reversion 

15 of real and related personal property, as 

16 appropriate, transferred pursuant to sub17 section (a) to ensure the continuing accom18 plishment by the Department of Defense 

19 and the Department of Veterans Affairs of 

20 their missions in the event that the integra21 tion of facilities described transferred pur22 suant to that subsection (a) is not completed 

23 or a reversion of property occurs under sub24 paragraph (A) or (B). 
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1 (ii) In the event of a reversion under 

2 this paragraph, the transfer from the De3 partment of Veterans Affairs to the Depart4 ment of Defense of associated functions in5 cluding appropriate resources, civilian posi6 tions, and personnel, in a manner that will 

7 not result in adverse impact to the missions 

8 of Department of Defense or the Department 

9 of Veterans Affairs. 

10 SEC. 1044. TRANSFER OF CIVILIAN PERSONNEL OF THE DE11 PARTMENT OF DEFENSE. 

12 (a) TRANSFER OF FUNCTIONS.—The Secretary of De13 fense and the Secretary of the Navy may transfer to the 

14 Secretary of Veterans Affairs functions necessary for the ef15 fective operation of the Captain James A. Lovell Federal 

16 Health Care Center. The Secretary of Veterans Affairs may 

17 accept any functions so transferred. 

18 (b) TERMS.— 

19 (1) EXECUTIVE AGREEMENT.—Any transfer of 

20 functions under subsection (a) shall be carried out as 

21 provided in the executive agreement required by sec22 tion 1042. The functions to be so transferred shall be 

23 identified utilizing the provisions of section 3503 of 

24 title 5, United States Code. 
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1 (2) ELEMENTS.—In providing for the transfer of 

2 functions under subsection (a), the executive agree3 ment required by section 1042 shall provide for the 

4 following: 

5 (A) The transfer of civilian employee posi6 tions of the Department of Defense identified in 

7 the executive agreement to the Department of 

8 Veterans Affairs, and of the incumbent civilian 

9 employees in such positions, and the transition 

10 of the employees so transferred to the pay, bene11 fits, and personnel systems that apply to employ12 ees of the Department of Veterans Affairs (to the 

13 extent that different systems apply). 

14 (B) The transition of employees so trans15 ferred to the pay systems of the Department of 

16 Veterans Affairs in a manner which will not re17 sult in any reduction in an employee’s regular 

18 rate of compensation (including basic pay, local19 ity pay, any physician comparability allowance, 

20 and any other fixed and recurring pay supple21 ment) at the time of transition. 

22 (C) The continuation after transfer of the 

23 same employment status for employees so trans24 ferred who have already successfully completed or 

25 are in the process of completing a one-year pro-
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1 bationary period under title 5, United States 

2 Code, notwithstanding the provisions of section 

3 7403(b)(1) of title 38, United States Code. 

4 (D) The extension of collective bargaining 

5 rights under title 5, United States Code, to em6 ployees so transferred in positions listed in sub7 section 7421(b) of title 38, United States Code, 

8 notwithstanding the provisions of section 7422 of 

9 title 38, United States Code, for a two-year pe10 riod beginning on the effective date of the execu11 tive agreement. 

12 (E) At the end of the two-year period begin13 ning on the effective date of the executive agree14 ment, for the following actions by the Secretary 

15 of Veterans Affairs with respect to the extension 

16 of collective bargaining rights under subpara17 graph (D): 

18 (i) Consideration of the impact of the 

19 extension of such rights. 

20 (ii) Consultation with exclusive em21 ployee representatives of the transferred em22 ployees about such impact. 

23 (iii) Determination, after consultation 

24 with the Secretary of Defense and the Sec25 retary of the Navy, whether the extension of 
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1 such rights should be terminated, modified, 

2 or kept in effect. 

3 (iv) Submittal to Congress of a notice 

4 regarding the determination made under 

5 clause (iii). 

6 (F) The recognition after transfer of each 

7 transferred physician’s and dentist’s total num8 ber of years of service as a physician or dentist 

9 in the Department of Defense for purposes of cal10 culating such employee’s rate of base pay, not11 withstanding the provisions of section 7431(b)(3) 

12 of title 38, United States Code. 

13 (G) The preservation of the seniority of the 

14 employees so transferred for all pay purposes. 

15 (c) RETENTION OF DEPARTMENT OF DEFENSE EM16 PLOYMENT AUTHORITY.—Notwithstanding subsections (a) 

17 and (b), the Department of Defense may employ civilian 

18 personnel at the Captain James Lovell Federal Health Care 

19 Center if the Secretary of the Navy, or a designee of the 

20 Secretary, determines it is necessary and appropriate to 

21 meet mission requirements of the Department of the Navy. 
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1 SEC. 1045. JOINT FUNDING AUTHORITY FOR THE CAPTAIN 

2 JAMES A. LOVELL FEDERAL HEALTH CARE 

3 CENTER. 

4 (a) IN GENERAL.—The Department of Veterans Af5 fairs/Department of Defense Health-Care Resources Sharing 

6 Committee under section 8111(b) of title 38, United States 

7 Code, may provide for the joint funding of the Captain 

8 James A. Lovell Federal Health Care Center in accordance 

9 with the provisions of this section. 

10 (b) HEALTH CARE CENTER FUND.— 

11 (1) ESTABLISHMENT.—There is established on 

12 the books of the Treasury under the Department of 

13 Veterans Affairs a fund to be known as the ‘‘Captain 

14 James A. Lovell Federal Health Care Center Fund’’ 

15 (in this section referred to as the ‘‘Fund’’). 

16 (2) ELEMENTS.—The Fund shall consist of the 

17 following: 

18 (A) Amounts transferred to the Fund by the 

19 Secretary of Defense, in consultation with the 

20 Secretary of the Navy, from amounts authorized 

21 to be appropriated for the Department of De22 fense. 

23 (B) Amounts transferred to the Fund by the 

24 Secretary of Veterans Affairs from amounts au25 thorized to be appropriated for the Department 

26 of Veterans Affairs. 
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1 (C) Amounts transferred to the Fund from 

2 medical care collections under paragraph (4). 

3 (3) DETERMINATION OF AMOUNTS TRANSFERRED

4 GENERALLY.—The amount transferred to the Fund by 

5 each of the Secretary of Defense and the Secretary of 

6 Veterans Affairs under subparagraphs (A) and (B), as 

7 applicable, of paragraph (2) each fiscal year shall be 

8 such amount, as determined by a methodology jointly 

9 established by the Secretary of Defense and the Sec10 retary of Veterans Affairs for purposes of this sub11 section, that reflects the mission-specific activities, 

12 workload, and costs of provision of health care at the 

13 Captain James A. Lovell Federal Health Care Center 

14 of the Department of Defense and the Department of 

15 Veterans Affairs, respectively. 

16 (4) TRANSFERS FROM MEDICAL CARE COLLEC17 TIONS.— 

18 (A) IN GENERAL.—Amounts collected under 

19 the authorities specified in subparagraph (B) for 

20 health care provided at the Captain James A. 

21 Lovell Federal Health Care Center may be trans22 ferred to the Fund under paragraph (2)(C). 

23 (B) AUTHORITIES.—The authorities speci24 fied in this subparagraph are the following: 
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1 (i) Section 1095 of title 10, United 

2 States Code. 

3 (ii) Section 1729 of title 38, United 

4 States Code. 

5 (iii) Public Law 87–693, popularly 

6 known as the ‘‘Federal Medical Care Recov7 ery Act’’ (42 U.S.C. 2651 et seq.). 

8 (5) ADMINISTRATION.—The Fund shall be ad9 ministered in accordance with such provisions of the 

10 executive agreement required by section 1042 as the 

11 Secretary of Defense and the Secretary of Veterans Af12 fairs shall jointly include in the executive agreement. 

13 Such provisions shall provide for an independent re14 view of the methodology established under paragraph 

15 (3). 

16 (c) AVAILABILITY.— 

17 (1) IN GENERAL.—Funds transferred to the 

18 Fund under subsection (b) shall be available to fund 

19 the operations of the Captain James A. Lovell Federal 

20 Health Care Center, including capital equipment, 

21 real property maintenance, and minor construction 

22 projects that are not required to be specifically au23 thorized by law under section 2805 of title 10, United 

24 States Code, or section 8104 of title 38, United States 

25 Code. 
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1 (2) LIMITATION.—The availability of funds 

2 transferred to the Fund under subsection (b)(2)(C) 

3 shall be subject to the provisions of section 1729A of 

4 title 38, United States Code. 

5 (3) PERIOD OF AVAILABILITY.— 

6 (A) IN GENERAL.—Except as provided in 

7 subparagraph (B), funds transferred to the Fund 

8 under subsection (b) shall be available under 

9 paragraph (1) for one fiscal year after transfer. 

10 (B) EXCEPTION.—Of an amount transferred 

11 to the Fund under subsection (b), an amount not 

12 to exceed two percent of such amount shall be 

13 available under paragraph (1) for two fiscal 

14 years after transfer. 

15 (d) FINANCIAL RECONCILIATION.—The executive 

16 agreement required by section 1042 shall provide for the 

17 development and implementation of an integrated financial 

18 reconciliation process that meets the fiscal reconciliation re19 quirements of the Department of Defense, the Department 

20 of the Navy, and the Department of Veterans Affairs. The 

21 process shall permit each of the Department of Defense, the 

22 Department of Navy, and the Department of Veterans Af23 fairs to identify their fiscal contributions to the Fund, tak24 ing into consideration accounting, workload, and financial 

25 management differences. 
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1 (e) ANNUAL REPORT.—The Secretary of Defense, in 

2 consultation with the Secretary of the Navy, and the Sec3 retary of Veterans Affairs shall jointly provide for an an4 nual independent review of the Fund for at least three years 

5 after the date of the enactment of this Act. Such review shall 

6 include detailed statements of the uses of amounts of the 

7 Fund and an evaluation of the adequacy of the proportional 

8 share contributed to the Fund by each of the Secretary of 

9 Defense and the Secretary of Veterans Affairs. 

10 (f) TERMINATION.—The authorities in this section 

11 shall terminate on September 30, 2015. 

12 SEC. 1046. ELIGIBILITY OF MEMBERS OF THE UNIFORMED 

13 SERVICES FOR CARE AND SERVICES AT THE 

14 CAPTAIN JAMES A. LOVELL FEDERAL HEALTH 

15 CARE CENTER. 

16 (a) IN GENERAL.—For purposes of eligibility for 

17 health care under chapter 55 of title 10, United States Code, 

18 the Captain James A. Lovell Federal Health Care Center 

19 may be treated as a facility of the uniformed services to 

20 the extent provided under subsection (b) in the executive 

21 agreement required by section 1042. 

22 (b) ADDITIONAL ELEMENTS.—The executive agreement 

23 required by section 1042 may include provisions as follows: 
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1 (1) To establish an integrated priority list for 

2 access to health care at the Captain James A. Lovell 

3 Federal Health Care Center, which list shall— 

4 (A) integrate the respective health care pri5 ority lists of the Secretary of Defense and the 

6 Secretary of Veterans Affairs; and 

7 (B) take into account categories of bene8 ficiaries, enrollment program status, and such 

9 other matters as the Secretary of Defense and the 

10 Secretary of Veterans Affairs jointly consider ap11 propriate. 

12 (2) To incorporate any resource-related limita13 tions for access to health care at the Captain James 

14 A. Lovell Federal Health Care Center that the Sec15 retary of Defense may establish for purposes of ad16 ministering space-available eligibility for care in fa17 cilities of the uniformed services under chapter 55 of 

18 title 10, United States Code. 

19 (3) To allocate financial responsibility for care 

20 provided at the Captain James A. Lovell Federal 

21 Health Care Center for individuals who are eligible 

22 for care under both chapter 55 of title 10, United 

23 States Code, and title 38, United States Code. 

24 (4) To waive the applicability to the Captain 

25 James A. Lovell Federal Health Care Center of any 
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1 provision of section 8111(e) of title 38, United States 

2 Code, that the Secretary of Defense and the Secretary 

3 of Veterans Affairs shall jointly specify. 

4 SEC. 1047. EXTENSION OF DOD–VA HEALTH CARE SHARING 

5 INCENTIVE FUND. 

6 Section 8111(d)(3) of title 38, United States Code, is 

7 amended by striking ‘‘September 30, 2010’’ and inserting 

8 ‘‘September 30, 2015’’. 

9 Subtitle F—Miscellaneous Require10 ments, Authorities, and Limita11 tions 

12 SEC. 1051. CONGRESSIONAL EARMARKS RELATING TO THE 

13 DEPARTMENT OF DEFENSE. 

14 (a) REPORT ON RECURRING EARMARKS.— 

15 (1) REPORT REQUIRED.—Not later than 180 

16 days after the date of the enactment of this Act, the 

17 Secretary of Defense shall submit to the congressional 

18 defense committees a report setting forth a list of each 

19 congressional earmark that has been included in a 

20 national defense authorization Act for three or more 

21 consecutive fiscal years as of the national defense au22 thorization Act for fiscal year 2010. 

23 (2) ELEMENTS.—The report required by para24 graph (1) shall include the following: 
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1 (A) A description of the extent to which 

2 competitive or merit-based procedures were used 

3 to award funding, or to enter into a contract, 

4 grant, or other agreement, pursuant to each con5 gressional earmark listed in the report. 

6 (B) An identification of the specific con7 tracting vehicle used for each such earmark. 

8 (C) In the case of any congressional ear9 mark listed in the report for which competitive 

10 or merit-based procedures were not used to 

11 award funding, or to enter the contract, grant, 

12 or other agreement, a statement of the reasons 

13 competitive or merit-based procedures were not 

14 used. 

15 (b) DOD INSPECTOR GENERAL AUDIT OF EAR16 MARKS.—The Inspector General of the Department of De17 fense shall conduct an audit of contracts, grants, or other 

18 agreements pursuant to congressional earmarks of Depart19 ment of Defense funds to determine whether or not the re20 cipients of such earmarks are complying with requirements 

21 of Federal law on the use of appropriated funds to influence, 

22 whether directly or indirectly, congressional action on any 

23 legislation or appropriation matter pending before Con24 gress. 

25 (c) DEFINITIONS.—In this section: 
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1 (1) The term ‘‘congressional earmark’’ means 

2 any congressionally directed spending item (Senate) 

3 or congressional earmark (House of Representatives) 

4 on the list published in compliance with rule XLIV 

5 of the Standing Rules of the Senate or rule XXI of 

6 the Rules of the House of Representatives. 

7 (2) The term ‘‘national defense authorization 

8 Act’’ means an Act authorizing funds for a fiscal year 

9 for the military activities of the Department of De10 fense, and for other purposes. 

11 SEC. 1052. NATIONAL STRATEGIC FIVE-YEAR PLAN FOR IM12 PROVING THE NUCLEAR FORENSIC AND AT13 TRIBUTION CAPABILITIES OF THE UNITED 

14 STATES. 

15 (a) IN GENERAL.—The President, with the participa16 tion of the officials specified in subsection (c), shall develop 

17 a national strategic plan for improving over a five-year pe18 riod the nuclear forensic and attribution capabilities of the 

19 United States and the methods, capabilities, and capacity 

20 for nuclear materials forensics and attribution. 

21 (b) ELEMENTS.—The plan required under subsection 

22 (a) shall include the following: 

23 (1) An investment plan to support nuclear mate24 rials forensics and attribution. 

25 (2) Recommendations with respect to— 
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1 (A) the allocation of roles and responsibil2 ities for pre-detonation, detonation, and post-det3 onation activities; and 

4 (B) methods for the attribution of nuclear 

5 or radiological material to the source when such 

6 material is intercepted by the United States, for7 eign governments, or international bodies or is 

8 dispersed in the course of a terrorist attack or 

9 other nuclear or radiological explosion. 

10 (c) OFFICIALS.—The officials specified in this sub11 section are the following: 

12 (1) The Secretary of Homeland Security. 

13 (2) The Secretary of Defense. 

14 (3) The Secretary of Energy. 

15 (4) The Attorney General. 

16 (5) The Secretary of State. 

17 (6) The Director of National Intelligence. 

18 (7) Such other officials as the President considers 

19 appropriate. 

20 (d) SUBMITTAL TO CONGRESS.—Not later than 180 

21 days after the date of the enactment of this Act, the Presi22 dent shall submit to Congress the plan required under sub23 section (a). 
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1 SEC. 1053. ONE-YEAR EXTENSION OF AUTHORITY TO OFFER 

2 AND MAKE REWARDS FOR ASSISTANCE IN 

3 COMBATING TERRORISM THROUGH GOVERN4 MENT PERSONNEL OF ALLIED FORCES. 

5 Section 127b(c)(3)(C) of title 10, United States Code, 

6 is amended by striking ‘‘September, 30, 2009’’ and insert7 ing ‘‘September, 30, 2010’’. 

8 SEC. 1054. BUSINESS PROCESS REENGINEERING. 

9 (a) NEW PROGRAMS.—Section 2222 of title 10, United 

10 States Code, is amended— 

11 (1) in subsection (a)— 

12 (A) by redesignating paragraphs (1) and 

13 (2) as paragraphs (2) and (3), respectively; 

14 (B) by inserting before paragraph (2), as 

15 redesignated by subparagraph (A) of this sub16 section, the following new paragraph (1): 

17 ‘‘(1) the appropriate chief management officer 

18 for the defense business system modernization has de19 termined whether or not— 

20 ‘‘(A) the defense business system moderniza21 tion is in compliance with the enterprise archi22 tecture developed under subsection (c); and 

23 ‘‘(B) appropriate business process re24 engineering efforts have been undertaken to en25 sure that— 
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1 ‘‘(i) the business process to be sup2 ported by the defense business system mod3 ernization will be as streamlined and effi4 cient as practicable; and 

5 ‘‘(ii) the need to tailor commercial-off6 the-shelf systems to meet unique require7 ments or incorporate unique interfaces has 

8 been eliminated or reduced to the maximum 

9 extent practicable;’’; 

10 (C) in paragraph (2), as redesignated by 

11 subparagraph (A) of this subsection, by striking 

12 subparagraph (A) and inserting the following 

13 new subparagraph (A): 

14 ‘‘(A) has been determined by the appro15 priate chief management officer to be in compli16 ance with the requirements of paragraph (1);’’; 

17 and 

18 (D) in paragraph (3), as redesignated by 

19 subparagraph (A) of this paragraph, by striking 

20 ‘‘the certification by the approval authority is’’ 

21 and inserting ‘‘the certification by the approval 

22 authority and the determination by the chief 

23 management officer are’’; and 

24 (2) in subsection (f)— 
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1 (A) by redesignating paragraphs (1) 

2 through (5) as subparagraphs (A) through (E), 

3 respectively; 

4 (B) by inserting ‘‘(1)’’ before ‘‘The Sec5 retary of Defense’’; 

6 (C) in subparagraph (E) of paragraph (1), 

7 as designated by this paragraph, by striking 

8 ‘‘paragraphs (1) through (4)’’ and inserting 

9 ‘‘subparagraphs (A) through (D)’’; and 

10 (D) by adding at the end the following new 

11 paragraph (2): 

12 ‘‘(2) For purposes of subsection (a), the appropriate 

13 chief management officer for a defense business system mod14 ernization is as follows: 

15 ‘‘(A) In the case of an Army program, the Chief 

16 Management Officer of the Army. 

17 ‘‘(B) In the case of a Navy program, the Chief 

18 Management Officer of the Navy. 

19 ‘‘(C) In the case of an Air Force program, the 

20 Chief Management Officer of the Air Force. 

21 ‘‘(D) In the case of a program of a Defense Agen22 cy, the Deputy Chief Management Officer of the De23 partment of Defense. 

24 ‘‘(E) In the case of a program that will support 

25 the business processes of more than one military de-
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1 partment or Defense Agency, the Deputy Chief Man2 agement Officer of the Department of Defense.’’. 

3 (b) ONGOING PROGRAMS.— 

4 (1) IN GENERAL.—Not later than one year after 

5 the date of the enactment of this Act, the appropriate 

6 chief management officer for each defense business 

7 system modernization approved by the Defense Busi8 ness Systems Management Committee before the date 

9 of the enactment of this Act that will have a total cost 

10 in excess of $100,000,000 shall review such defense 

11 business system modernization to determine whether 

12 or not appropriate business process reengineering ef13 forts have been undertaken to ensure that— 

14 (A) the business process to be supported by 

15 such defense business system modernization will 

16 be as streamlined and efficient as practicable; 

17 and 

18 (B) the need to tailor commercial-off-the19 shelf systems to meet unique requirements or in20 corporate unique interfaces has been eliminated 

21 or reduced to the maximum extent practicable. 

22 (2) ACTION ON FINDING OF LACK OF RE23 ENGINEERING EFFORTS.—If the appropriate chief 

24 management officer determines that appropriate busi25 ness process reengineering efforts have not been under-
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1 taken with regard to a defense business system mod2 ernization as described in paragraph (1), that chief 

3 management officer— 

4 (A) shall develop a plan to undertake busi5 ness process reengineering efforts with respect to 

6 the defense business system modernization; and 

7 (B) may direct that the defense business 

8 system modernization be restructured or termi9 nated, if necessary to meet the requirements of 

10 paragraph (1). 

11 (3) DEFINITIONS.—In this subsection: 

12 (A) The term ‘‘appropriate chief manage13 ment officer’’, with respect to a defense business 

14 system modernization, has the meaning given 

15 that term in paragraph (2) of subsection (f) of 

16 section 2222 of title 10, United States Code (as 

17 amended by subsection (a)(2) of this section). 

18 (B) The term ‘‘defense business system mod19 ernization’’ has the meaning given that term in 

20 subsection (j)(3) of section 2222 of title 10, 

21 United States Code. 

22 SEC. 1055. RESPONSIBILITY FOR PREPARATION OF BIEN23 NIAL GLOBAL POSITIONING SYSTEM REPORT. 

24 (a) IN GENERAL.—Section 2281(d) of title 10, United 

25 States Code, is amended— 
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1 (1) in paragraph (1)— 

2 (A) by striking ‘‘the Secretary of Defense’’ 

3 and inserting ‘‘the Deputy Secretary of Defense 

4 and the Deputy Secretary of Transportation, in 

5 their capacity as co-chairs of the National Exec6 utive Committee for Space-Based Positioning, 

7 Navigation, and Timing,’’; and 

8 (B) by striking ‘‘the Committee on Armed 

9 Services of the Senate and the Committee on 

10 Armed Services of the House of Representatives’’ 

11 and inserting ‘‘the Committees on Armed Serv12 ices and Commerce, Science, and Transportation 

13 of the Senate and the Committees on Armed 

14 Services, Energy and Commerce, and Transpor15 tation and Infrastructure of the House of Rep16 resentatives’’; and 

17 (2) by striking paragraph (2) and inserting the 

18 following new paragraph (2): 

19 ‘‘(2) In preparing each report required under para20 graph (1), the Deputy Secretary of Defense and the Deputy 

21 Secretary of Transportation, in their capacity as co-chairs 

22 of the National Executive Committee for Space-Based Posi23 tioning, Navigation, and Timing, shall consult with the 

24 Secretary of Defense, the Secretary of State, the Secretary 
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1 of Transportation, and the Secretary of Homeland Secu2 rity.’’. 

3 (b) TECHNICAL AMENDMENTS.—Paragraph (1)(B)(ii) 

4 of such section is amended— 

5 (1) by inserting ‘‘validated’’ before ‘‘performance 

6 requirements’’; and 

7 (2) by inserting ‘‘in accordance with Office of 

8 Management and Budget Circular A–109’’ after 

9 ‘‘Plan’’. 

10 SEC. 1056. ADDITIONAL SUBPOENA AUTHORITY FOR THE 

11 INSPECTOR GENERAL OF THE DEPARTMENT 

12 OF DEFENSE. 

13 Section 8 of the Inspector General Act of 1978 (5 

14 U.S.C. App. 8) is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(i)(1) The Inspector General of the Department of De17 fense is authorized to require by subpoena the attendance 

18 and testimony of witnesses necessary to carry out an audit 

19 or investigation pursuant to the authorities of this Act. 

20 ‘‘(2) A subpoena issued under this subsection, in the 

21 case of contumacy or refusal to obey, shall be enforceable 

22 by order of any appropriate United States district court. 

23 ‘‘(3) The Inspector General shall consult with the At24 torney General before issuing any subpoena under this sec-
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1 tion, and shall not proceed with the issuance of such a sub2 poena if the Attorney General objects.’’. 

3 SEC. 1057. REPORTS ON BANDWIDTH REQUIREMENTS FOR 

4 MAJOR DEFENSE ACQUISITION PROGRAMS 

5 AND MAJOR SYSTEM ACQUISITION PRO6 GRAMS. 

7 Section 1047(d) of the Duncan Hunter National De8 fense Authorization Act for Fiscal Year 2009 (Public Law 

9 110–417; 122 Stat. 4603; 10 U.S.C. 2366b note) is amend10 ed— 

11 (1) by redesignating paragraphs (1) and (2) as 

12 subparagraphs (A) and (B), respectively, and by in13 denting such subparagraphs, as so redesignated, four 

14 ems from the left margin; 

15 (2) by striking ‘‘The Secretary’’ and inserting 

16 the following: 

17 ‘‘(1) IN GENERAL.—The Secretary’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(2) REPORTS.—Not later than January 1 each 

20 year, the Secretary of Defense and the Director of Na21 tional Intelligence shall each submit to the congres22 sional defense committees, the Select Committee on 

23 Intelligence of the Senate, and the Permanent Select 

24 Committee on Intelligence of the House of Representa25 tives a report on any determinations made under 
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1 paragraph (1) with respect to meeting the bandwidth 

2 requirements for major defense acquisition programs 

3 and major system acquisition programs during the 

4 preceding fiscal year.’’. 

5 SEC. 1058. MULTIYEAR CONTRACTS UNDER PILOT PRO6 GRAM ON COMMERCIAL FEE-FOR-SERVICE 

7 AIR REFUELING SUPPORT FOR THE AIR 

8 FORCE. 

9 (a) MULTIYEAR CONTRACTS AUTHORIZED.—The Sec10 retary of the Air Force may enter into one or more 

11 multiyear contracts, beginning with the fiscal year 2011 

12 program year, for purposes of conducting the pilot program 

13 on utilizing commercial fee-for-service air refueling tanker 

14 aircraft for Air Force operations required by section 1081 

15 of the National Defense Authorization Act for Fiscal Year 

16 2008 (Public Law 110–181; 122 Stat. 335). 

17 (b) COMPLIANCE WITH LAW APPLICABLE TO

18 MULTIYEAR CONTRACTS.—Any contract entered into under 

19 subsection (a) shall be entered into in accordance with the 

20 provisions of section 2306c of title 10, United States Code, 

21 except that— 

22 (1) the term of the contract may not be more 

23 than 8 years; 

24 (2) notwithstanding subsection 2306c(b) of title 

25 10, United States Code, the authority under sub-
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1 section 2306c(a) of title 10, United States Code, shall 

2 apply to the fee-for-service air refueling pilot pro3 gram; 

4 (3) the contract may contain a clause setting 

5 forth a cancellation ceiling in excess of $100,000,000; 

6 and 

7 (4) the contract may provide for an unfunded 

8 contingent liability in excess of $20,000,000. 

9 (c) COMPLIANCE WITH LAW APPLICABLE TO SERVICE

10 CONTRACTS.—A contract entered into under subsection (a) 

11 shall be entered into in accordance with the provisions of 

12 section 2401 of title 10, United States Code, except that— 

13 (1) the Secretary shall not be required to certify 

14 to the congressional defense committees that the con15 tract is the most cost-effective means of obtaining 

16 commercial fee-for-service air refueling tanker aircraft 

17 for Air Force operations; and 

18 (2) the Secretary shall not be required to certify 

19 to the congressional defense committees that there is 

20 no alternative for meeting urgent operational require21 ments other than making the contract. 

22 (d) LIMITATION ON AMOUNT.—The amount of a con23 tract under subsection (a) may not exceed $999,999,999. 

24 (e) PROVISION OF GOVERNMENT INSURANCE.—A com25 mercial air operator contracting with the Department of 
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1 Defense under the pilot program referred to in subsection 

2 (a) shall be eligible to receive government provided insur3 ance pursuant to chapter 443 of title 49, United States 

4 Code, if commercial insurance is unavailable on reasonable 

5 terms and conditions. 

6 SEC. 1059. ADDITIONAL DUTY FOR ADVISORY PANEL ON DE7 PARTMENT OF DEFENSE CAPABILITIES FOR 

8 SUPPORT OF CIVIL AUTHORITIES AFTER CER9 TAIN INCIDENTS. 

10 Section 1082(d) of the National Defense Authorization 

11 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

12 337) is amended by— 

13 (1) redesignating paragraphs (7) and (8) as 

14 paragraphs (9) and (10), respectively; 

15 (2) in paragraph (4), by striking ‘‘other depart16 ment’’ and inserting ‘‘other departments’’; and 

17 (3) by inserting after paragraph (6) the fol18 lowing new paragraphs: 

19 ‘‘(7) assess the adequacy of the process and meth20 odology by which the Department of Defense estab21 lishes, maintains, and resources dedicated, special, 

22 and general purpose forces for conducting operations 

23 described in paragraph (1); 

24 ‘‘(8) assess the adequacy of the resources planned 

25 and programmed by the Department of Defense to en-
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1 sure the preparedness and capability of dedicated, 

2 special, and general purpose forces for conducting op3 erations described in paragraph (1);’’. 

4 Subtitle G—Reports 

5 SEC. 1071. NATIONAL INTELLIGENCE ESTIMATE ON NU6 CLEAR ASPIRATIONS OF NON-STATE ENTI7 TIES AND NUCLEAR WEAPONS AND RELATED 

8 PROGRAMS IN NON-NUCLEAR-WEAPONS 

9 STATES AND COUNTRIES NOT PARTIES TO 

10 THE NUCLEAR NON-PROLIFERATION TREATY. 

11 (a) IN GENERAL.—The Director of National Intel12 ligence shall prepare a national intelligence estimate (NIE) 

13 on the following: 

14 (1) The nuclear weapons programs and any re15 lated programs of countries that are non-nuclear16 weapons state parties to the Treaty on Non-Prolifera17 tion of Nuclear Weapons, done at Washington, Lon18 don, and Moscow July 1, 1968, and entered into force 

19 March 5, 1970 (commonly known as the ‘‘Nuclear 

20 Non-Proliferation Treaty’’) and countries that are not 

21 parties to the Treaty. 

22 (2) The nuclear weapons aspirations of such 

23 non-state entities as the Director considers appro24 priate to include in the estimate. 
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1 (b) ELEMENTS.—The national intelligence estimate re2 quired under subsection (a) shall include, with respect to 

3 each country described in subsection (a)(1) and each non4 state entity referred to in subsection (a)(2), the following: 

5 (1) A statement of the number of nuclear weap6 ons possessed by such country or non-state entity. 

7 (2) An estimate of the total number of nuclear 

8 weapons that such country or non-state entity seeks to 

9 obtain and, in the case of such non-state entity, an 

10 assessment of the extent to which such non-state entity 

11 is seeking to develop a nuclear weapon or device or 

12 radiological dispersion device. 

13 (3) A description of the technical characteristics 

14 of any nuclear weapons possessed by such country or 

15 non-state entity. 

16 (4) A description of nuclear weapons designs 

17 available to such country or non-state entity. 

18 (5) A description of any sources of assistance 

19 with respect to nuclear weapons design provided to 

20 such country or non-state entity. 

21 (6) An assessment of the annual capability of 

22 such country and non-state entity to produce new or 

23 newly designed nuclear weapons. 
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1 (7) A description of the type of fissile materials 

2 used in any nuclear weapons possessed by such coun3 try or non-state entity. 

4 (8) An description of the location and produc5 tion capability of any fissile materials production fa6 cilities in such country or controlled by such non7 state entity, the current status of any such facilities, 

8 and any plans by such country or non-state entity to 

9 develop such facilities. 

10 (9) An identification of the source of any fissile 

11 materials used by such country or non-state entity, if 

12 such materials are not produced in facilities referred 

13 to in paragraph (8). 

14 (10) A description of any delivery systems avail15 able to such country or non-state entity and an as16 sessment of whether nuclear warheads have been 

17 mated to any such delivery system. 

18 (11) An assessment of the physical security of the 

19 storage facilities for nuclear weapons in such country 

20 or controlled by such non-state entity. 

21 (12) An assessment of whether such country or 

22 non-state entity is modernizing or otherwise improv23 ing the safety, security, and reliability of the nuclear 

24 weapons stockpile of such country or non-state entity. 
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1 (13) In the case of a country, an assessment of 

2 the policy of such country on the employment and use 

3 of nuclear weapons. 

4 (c) SUBMITTAL TO CONGRESS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Director of National Intelligence shall 

7 submit to the congressional defense committees, the 

8 Select Committee on Intelligence of the Senate, and 

9 the Permanent Select Committee on Intelligence of the 

10 House of Representatives the national intelligence es11 timate required under subsection (a) by not later than 

12 September 1, 2010. 

13 (2) NOTIFICATION OF DELAY IN SUBMITTAL.—If 

14 the Director of National Intelligence determines that 

15 it will not be possible for the Director to submit the 

16 national intelligence estimate by September 1, 2010, 

17 the Director shall, not later than August 1, 2010, sub18 mit to the committees specified in paragraph (1) a 

19 notice— 

20 (A) that the national intelligence estimate 

21 will not be submitted by September 1, 2010; and 

22 (B) setting forth the date by which the Di23 rector will submit the national intelligence esti24 mate. 
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1 SEC. 1072. COMPTROLLER GENERAL OF THE UNITED 

2 STATES ASSESSMENT OF MILITARY WHISTLE3 BLOWER PROTECTIONS. 

4 (a) REVIEW.—The Comptroller General of the United 

5 States shall conduct a review of military whistleblower pro6 tections afforded to members of the Armed Services by the 

7 Department of Defense. The review shall include an anal8 ysis of the following: 

9 (1) A sample of military whistleblower cases at 

10 the Office of the Inspector General of the Department 

11 of Defense, as well as one or more Offices of the In12 spector General of a military department (as selected 

13 by the Comptroller General for the purposes of this 

14 section). 

15 (2) Department-wide efforts to educate and in16 form members of the Armed Forces about the protec17 tions provided to them under section 1034 of title 10, 

18 United States Code. 

19 (3) A sample of military whistleblower reprisal 

20 appeals (as selected by the Comptroller General for 

21 the purposes of this section) heard by the Boards for 

22 the Correction of Military Records referred to in sec23 tion 1552 of title 10, United States Code, of each 

24 military department. 

25 (b) REPORT.—Not later than December 1, 2009, the 

26 Comptroller General shall submit a report on the review 
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1 and analysis conducted under subsection (a) to the Chair2 man and Ranking Minority Member of each of the fol3 lowing: 

4 (1) The Committees on Armed Services, Home5 land Security and Governmental Affairs, and the Ju6 diciary of the Senate. 

7 (2) The Committees on Armed Services, Home8 land Security, and the Judiciary of the House of Rep9 resentatives. 

10 SEC. 1073. REPORT ON RE-DETERMINATION PROCESS FOR 

11 PERMANENTLY INCAPACITATED DEPEND12 ENTS OF RETIRED AND DECEASED MEMBERS 

13 OF THE ARMED FORCES. 

14 Not later than 180 days after the date of the enactment 

15 of this Act, the Secretary of Defense shall submit to Congress 

16 a report on the re-determination process of the Department 

17 of Defense used to determine the eligibility of permanently 

18 incapacitated dependents of retired and deceased members 

19 of the Armed Forces for benefits provided under laws ad20 ministered by the Secretary. The report shall include the 

21 following: 

22 (1) An assessment of the re-determination proc23 ess, including the following: 

24 (A) The rationale for requiring a quadren25 nial recertification of financial support after 
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1 issuance of a permanent identification card to a 

2 permanently incapacitated dependent. 

3 (B) The administrative and other burdens 

4 the quadrennial recertification imposes on the af5 fected sponsor and dependents, especially after 

6 the sponsor becomes ill, incapacitated, or de7 ceased. 

8 (C) The extent to which the quadrennial re9 certification undermines the utility of issuing a 

10 permanent identification card. 

11 (D) The extent of the consequences entailed 

12 in eliminating the requirement for quadrennial 

13 recertification. 

14 (2) Specific recommendations for the following: 

15 (A) Improving the efficiency of the recertifi16 cation process. 

17 (B) Minimizing the burden of such process 

18 on the sponsors of such dependents. 

19 (C) Eliminating the requirement for quad20 rennial recertification. 

21 SEC. 1074. COMPTROLLER GENERAL REVIEW OF SPENDING 

22 IN THE FINAL QUARTER OF FISCAL YEAR 2009 

23 BY THE DEPARTMENT OF DEFENSE. 

24 (a) REVIEW OF SPENDING BY THE COMPTROLLER

25 GENERAL.—The Comptroller General of the United States 
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1 shall conduct a review of the obligations and expenditures 

2 of the Department of Defense in the final quarter of fiscal 

3 year 2009, as compared to the obligations and expenditures 

4 of the Department in the first three quarters of that fiscal 

5 year, to determine if policies with respect to spending by 

6 the Department contribute to hastened year-end spending 

7 and poor use or waste of taxpayer dollars. 

8 (b) REPORT.—Not later than the earlier of March 30, 

9 2010, or the date that is 180 days after the date of the enact10 ment of this Act, the Comptroller General shall submit to 

11 Congress a report containing— 

12 (1) the results of the review conducted under sub13 section (a); and 

14 (2) any recommendations of the Comptroller 

15 General with respect to improving the policies pursu16 ant to which amounts appropriated to the Depart17 ment of Defense are obligated and expended in the 

18 final quarter of the fiscal year. 

19 SEC. 1075. REPORT ON AIR AMERICA. 

20 (a) DEFINITIONS.—In this section: 

21 (1) AIR AMERICA.—The term ‘‘Air America’’ 

22 means Air America, Incorporated. 

23 (2) ASSOCIATED COMPANY.—The term ‘‘associ24 ated company’’ means any entity associated with, 

25 predecessor to, or subsidiary to Air America, includ-
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1 ing Air Asia Company Limited, CAT Incorporated, 

2 Civil Air Transport Company Limited, and the Pa3 cific Division of Southern Air Transport during the 

4 period when such an entity was owned and controlled 

5 by the United States Government. 

6 (b) REPORT ON RETIREMENT BENEFITS FOR FORMER

7 EMPLOYEES OF AIR AMERICA.— 

8 (1) IN GENERAL.—Not later than 180 days after 

9 the date of the enactment of this Act, the Director of 

10 National Intelligence shall submit to Congress a re11 port on the advisability of providing Federal retire12 ment benefits to United States citizens for the service 

13 of such citizens prior to 1977 as employees of Air 

14 America or an associated company during a period 

15 when Air America or the associated company was 

16 owned or controlled by the United States Government 

17 and operated or managed by the Central Intelligence 

18 Agency. 

19 (2) REPORT ELEMENTS.—The report required by 

20 paragraph (1) shall include the following: 

21 (A) The history of Air America and the as22 sociated companies prior to 1977, including a 

23 description of— 

24 (i) the relationship between Air Amer25 ican and the associated companies and the 
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1 Central Intelligence Agency or any other 

2 element of the United States Government; 

3 (ii) the workforce of Air America and 

4 the associated companies; 

5 (iii) the missions performed by Air 

6 America, the associated companies, and 

7 their employees for the United States; and 

8 (iv) the casualties suffered by employ9 ees of Air America and the associated com10 panies in the course of their employment. 

11 (B) A description of— 

12 (i) the retirement benefits contracted 

13 for or promised to the employees of Air 

14 America and the associated companies prior 

15 to 1977; 

16 (ii) the contributions made by such 

17 employees for such benefits; 

18 (iii) the retirement benefits actually 

19 paid such employees; 

20 (iv) the entitlement of such employees 

21 to the payment of future retirement benefits; 

22 and 

23 (v) the likelihood that such employees 

24 will receive any future retirement benefits. 
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1 (C) An assessment of the difference be2 tween— 

3 (i) the retirement benefits that former 

4 employees of Air America and the associ5 ated companies have received or will receive 

6 by virtue of their employment with Air 

7 America and the associated companies; and 

8 (ii) the retirement benefits that such 

9 employees would have received or be eligible 

10 to receive if such employment was deemed 

11 to be employment by the United States Gov12 ernment and their service during such em13 ployment was credited as Federal service for 

14 the purpose of Federal retirement benefits. 

15 (D)(i) Any recommendations regarding the 

16 advisability of legislative action to treat such 

17 employment as Federal service for the purpose of 

18 Federal retirement benefits in light of the rela19 tionship between Air America and the associated 

20 companies and the United States Government 

21 and the services and sacrifices of such employees 

22 to and for the United States. 

23 (ii) If legislative action is considered advis24 able under clause (i), a proposal for such action 

25 and an assessment of its costs. 
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1 (E) The opinions of the Director of the Cen2 tral Intelligence Agency, if any, on any matters 

3 covered by the report that the Director of the 

4 Central Intelligence Agency considers appro5 priate. 

6 (3) ASSISTANCE OF COMPTROLLER GENERAL.— 

7 The Comptroller General of the United States shall, 

8 upon the request of the Director of National Intel9 ligence and in a manner consistent with the protec10 tion of classified information, assist the Director in 

11 the preparation of the report required by paragraph 

12 (1). 

13 (4) FORM.—The report required by paragraph 

14 (1) shall be submitted in unclassified form, but may 

15 include a classified annex. 

16 SEC. 1076. REPORT ON CRITERIA FOR SELECTION OF STRA17 TEGIC EMBARKATION PORTS AND SHIP 

18 LAYBERTHING LOCATIONS. 

19 (a) REPORT REQUIRED.—Not later than 180 days 

20 after the date of the enactment of this Act, the Commander 

21 of the United States Transportation Command shall submit 

22 to the congressional defense committees a report with cri23 teria for the selection of strategic embarkation ports and 

24 ship layberth locations. 
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1 (b) DEVELOPMENT OF CRITERIA.—The criteria in2 cluded in the report required under subsection (a) shall— 

3 (1) prioritize the facilitation of strategic deploy4 ment and reduction of combatant commander force 

5 closure timelines; 

6 (2) take into account— 

7 (A) time required to crew, activate, and sail 

8 sealift vessels to embarkation ports; 

9 (B) distance and travel times for the forces 

10 from assigned installation to embarkation ports; 

11 (C) availability of adequate infrastructure 

12 to transport forces from assigned installation to 

13 embarkation ports; and 

14 (D) time required to move forces from em15 barkation ports to likely areas of force deploy16 ment around the world; and 

17 (3) inform the selection of strategic embarkation 

18 ports and the procurement of ship layberthing serv19 ices. 

20 SEC. 1077. REPORT ON DEFENSE TRAVEL SIMPLIFICATION. 

21 (a) REPORT REQUIRED.—Not later than 180 days 

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

23 of Defense shall submit to the Committees on Armed Serv24 ices of the Senate and the House of Representatives a report 
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1 setting forth a comprehensive plan to simplify defense trav2 el. 

3 (b) ELEMENTS.—The report required under subsection 

4 (a) shall include the following: 

5 (1) A comprehensive discussion of aspects of the 

6 Department of Defense travel system that are most 

7 confusing, inefficient, and in need of revision. 

8 (2) Critical review of opportunities to streamline 

9 and simplify defense travel policies and to reduce 

10 travel-related costs to the Department of Defense. 

11 (3) Options to leverage industry capabilities that 

12 could enhance management responsiveness to chang13 ing markets. 

14 (4) A discussion of pilot programs that could be 

15 undertaken to prove the merit of improvements iden16 tified in accomplishing actions specified in para17 graphs (1) and (2), including recommendations for 

18 legislative authority. 

19 (5) Such recommendations and an implementa20 tion plan for legislative or administrative action as 

21 the Secretary of Defense considers appropriate to im22 prove defense travel. 
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1 SEC. 1078. REPORT ON MODELING AND SIMULATION AC2 TIVITIES OF UNITED STATES JOINT FORCES 

3 COMMAND. 

4 (a) REPORT REQUIRED.—Not later than 180 days 

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

6 of Defense, working through the Director for Defense Re7 search and Engineering, the Assistant Secretary of Defense 

8 for Manufacturing and Industrial Base, and the Com9 mander of the United States Joint Forces Command, shall 

10 submit to the congressional defense committees a report that 

11 describes current and planned efforts to support and en12 hance the defense modeling and simulation technological 

13 and industrial base, including in academia, industry, and 

14 government. 

15 (b) ELEMENTS.—The report required under subsection 

16 (a) shall include the following: 

17 (1) An assessment of the current and future do18 mestic defense modeling and simulation technological 

19 and industrial base and its ability to meet current 

20 and future defense requirements. 

21 (2) A description of current and planned pro22 grams and activities of the Department of Defense to 

23 enhance the ability of the domestic defense modeling 

24 and simulation industrial base to meet current and 

25 future defense requirements. 
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1 (3) A description of current and planned De2 partment of Defense activities in cooperation with 

3 Federal, State, and local government organizations 

4 that promote the enhancement of the ability of the do5 mestic defense modeling and simulation industrial 

6 base to meet current and future defense requirements. 

7 (4) A comparative assessment of current and fu8 ture global modeling and simulation capabilities rel9 ative to those of the United States in areas related to 

10 defense applications of modeling and simulation. 

11 (5) An identification of additional authorities or 

12 resources related to technology transfer, establishment 

13 of public-private partnerships, coordination with re14 gional, State, or local initiatives, or other activities 

15 that would be required to enhance efforts to support 

16 the domestic defense modeling and simulation indus17 trial base. 

18 (6) Other matters as determined appropriate by 

19 the Secretary. 

20 SEC. 1079. REPORT ON ENABLING CAPABILITIES FOR SPE21 CIAL OPERATIONS FORCES. 

22 (a) REPORT REQUIRED.—Not later than 270 days 

23 after the date of the enactment of this Act, the Commander 

24 of the United States Special Operations Command, jointly 

25 with the commanders of the combatant commands and the 
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1 chiefs of the services, shall submit to the Secretary of De2 fense and the Chairman of the Joint Chiefs of Staff a report 

3 on the availability of enabling capabilities to support spe4 cial operations forces requirements. 

5 (b) MATTERS TO BE INCLUDED.—The report required 

6 under subsection (a) shall include the following: 

7 (1) An identification of the requirements for ena8 bling capabilities for conventional forces and special 

9 operations forces globally, including current and pro10 jected needs in Iraq, Afghanistan, and other theaters 

11 of operation. 

12 (2) A description of the processes used to 

13 prioritize and allocate enabling capabilities to meet 

14 the mission requirements of conventional forces and 

15 special operations forces. 

16 (3) An identification and description of any 

17 shortfalls in enabling capabilities for special oper18 ations forces by function, region, and quantity, as de19 termined by the Commander of the United States 

20 Special Operations Command and the commanders of 

21 the geographic combatant commands. 

22 (4) An assessment of the current inventory of 

23 these enabling capabilities within the military de24 partments and components and the United States 

25 Special Operations Command. 
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1 (5) An assessment of whether there is a need to 

2 create additional enabling capabilities by function 

3 and quantity. 

4 (6) An assessment of the merits of creating addi5 tional enabling units, by type and quantity— 

6 (A) within the military departments; and 

7 (B) within the United States Special Oper8 ations Command. 

9 (7) Recommendations for meeting the current 

10 and future enabling force requirements of the United 

11 States Special Operations Command, including an 

12 assessment of the increases in endstrength, equipment, 

13 funding, and military construction that would be re14 quired to support these recommendations. 

15 (8) Any other matters the Commander of the 

16 United States Special Operations Command, the com17 manders of the combatant commands, and the chiefs 

18 of the services consider useful and relevant. 

19 (c) REPORT TO CONGRESS.—Not later than 30 days 

20 after receiving the report required under subsection (a), the 

21 Secretary of Defense shall forward the report to the congres22 sional defense committees with any additional comments 

23 the Secretary considers appropriate. 
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1 Subtitle H—Other Matters 

2 SEC. 1081. TRANSFER OF NAVY AIRCRAFT N40VT. 

3 (a) AUTHORITY TO TRANSFER.— 

4 (1) AUTHORITY.—Subject to all applicable Fed5 eral laws and regulations controlling the disposition 

6 of Federal property, the Secretary of the Navy may 

7 transfer to Piasecki Aircraft Corporation of 

8 Essington, Pennsylvania (in this section referred to 

9 as the ‘‘transferee’’), Navy aircraft N40VT (Bureau 

10 Number 163283) and associated components, test 

11 equipment, and engines, previously specified as Gov12 ernment-furnished equipment in contract N00019– 

13 00–C–0284. 

14 (2) WRITTEN AGREEMENT.—The transfer under 

15 this subsection shall be made by means of a written 

16 agreement. 

17 (3) APPLICABLE LAW.—The transfer or use of 

18 military equipment is subject to all applicable United 

19 State laws and regulations, including, but not limited 

20 to, the Arms Export Control Act, the Export Adminis21 tration Act of 1979, continued under Executive Order 

22 12924, International Traffic in Arms Regulations (22 

23 C.F.R. 120 et seq.), Export Administration Regula24 tions (15 C.F.R. 730 et seq.), Foreign Assets Control 
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1 Regulations (31 C.F.R. 500 et seq.), and the Espio2 nage Act. 

3 (b) CERTIFICATION REQUIRED FOR DISPOSAL OF COM4 BATANT MILITARY EQUIPMENT.—No military equipment 

5 described by subsection (a) that is military equipment of 

6 a combatant command may be transferred under subsection 

7 (a) unless the Chief of Staff of the Army, the Chief of Naval 

8 Operations, the Chief of Staff of the Air Force, or the Com9 mandant of the Marine Corps, as applicable, certifies that 

10 such equipment is not essential to the defense of the United 

11 States. 

12 (c) CONDITION OF EQUIPMENT TO BE TRANS13 FERRED.—The military equipment transferred under sub14 section (a) shall be transferred in its current ‘‘as is’’ condi15 tion. The Secretary is not required to repair or alter the 

16 condition of any military equipment before transferring 

17 any interest in such equipment under subsection (a). 

18 (d) TRANSFER AT NO COST TO THE UNITED

19 STATES.—The transfer of military equipment under sub20 section (a) shall be made at no cost to the United States. 

21 Any costs associated with the transfer shall be borne by the 

22 transferee. 

23 (e) GOVERNMENT RIGHTS.—The Secretary shall in24 clude in the written agreement under subsection (a)(2) such 
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1 terms and conditions as the Secretary considers appro2 priate— 

3 (1) to permit the United States to use any future 

4 technologies derived from testing of military equip5 ment transferred under subsection (a), including upon 

6 the transfer of such military equipment to a successor 

7 in interest of the transferee; and 

8 (2) to retain for the Government all technical 

9 data rights associated with military equipment trans10 ferred under subsection (a). 

11 (f) CONSIDERATION.—As consideration for the transfer 

12 of military equipment under subsection (a), the transferee 

13 shall provide compensation to the United States, the value 

14 of which is equal to the fair market value of such military 

15 equipment, as determined by the Secretary. The Secretary 

16 may not delegate the authority to make the determination 

17 required by the preceding sentence. 

18 (g) NO LIABILITY FOR THE UNITED STATES.—Upon 

19 the transfer of military equipment under subsection (a), the 

20 United States shall not be liable for any death, injury, loss, 

21 or damage that results from the use of such military equip22 ment by any person other than the United States. 

23 (h) REVERTER UPON BREACH OF CONDITIONS.—The 

24 Secretary shall include in the written agreement under sub25 section (a)(2) the following: 
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1 (1) A condition that the transferee not transfer 

2 any interest in, or transfer possession of, the military 

3 equipment transferred under subsection (a) to any 

4 other party without the prior written approval of the 

5 Secretary. 

6 (2) A condition that the transferee operate or 

7 maintain, as applicable, the military equipment 

8 transferred under subsection (a) in compliance with 

9 all applicable limitations and maintenance require10 ments under law. 

11 (3) A condition that if the Secretary determines 

12 at any time that the transferee has failed to comply 

13 with a condition set forth in paragraph (1) or (2), all 

14 right, title, and interest in and to the military equip15 ment transferred under subsection (a), including any 

16 repair or alteration of the military equipment by the 

17 transferee or otherwise, shall revert to the United 

18 States, and the United States shall have the right of 

19 immediate possession of the military equipment. 

20 (i) LIMITATION ON TRANSFER PENDING NOTICE TO

21 CONGRESS.— 

22 (1) LIMITATION.—A transfer of military equip23 ment under subsection (a) may not occur until— 

24 (A) notice of the proposal to make the trans25 fer is sent to Congress; and 
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1 (B) 60 days of continuous session of Con2 gress have expired following the date on which 

3 such notice is sent to Congress. 

4 (2) CALCULATION OF CONTINUOUS SESSION.— 

5 For purposes of paragraph (1)(B), the continuity of 

6 a session of Congress is broken only by an adjourn7 ment of the Congress sine die, and the days on which 

8 the either House is not in session because of adjourn9 ment of more than 3 days to a day certain are ex10 cluded in the computation of such 60-day period. 

11 (j) ADDITIONAL TERMS AND CONDITIONS.—The Sec12 retary may require such additional terms and conditions 

13 in connection with a transfer under subsection (a) as the 

14 Secretary considers appropriate to protect the interests of 

15 the United States. 

16 SEC. 1082. TRANSFER OF BIG CROW AIRCRAFT. 

17 (a) IN GENERAL.—The Secretary of the Air Force may 

18 convey to an appropriate private entity the right, title, and 

19 interest of the United States in and to the Big Crow aircraft 

20 referred to in subsection (b) in order to permit the continu21 ation of the purpose of such aircraft at the time of their 

22 retirement in and through such private entity after convey23 ance if the Secretary and the Under Secretary of Defense 

24 for Acquisition, Technology, and Logistics jointly determine 
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1 that it is in the interests of the Department of Defense to 

2 do so. 

3 (b) COVERED BIG CROW AIRCRAFT.—The Big Crow 

4 aircraft referred to in this subsection are the recently-retired 

5 aircraft as follows: 

6 (1) Big Crow aircraft NC–135E, tail number 

7 55–3132. 

8 (2) Big Crow aircraft NC–135B, tail number 

9 63–8050. 

10 (c) CONDITIONS OF CONVEYANCE.— 

11 (1) IN GENERAL.—Any conveyance of Big Crow 

12 aircraft under subsection (a) shall be for such consid13 eration as the Secretary considers appropriate. The 

14 Secretary shall provide for any aircraft so conveyed 

15 to be conveyed in ‘‘as-is’’ condition at the time of con16 veyance, with all classified and other sensitive equip17 ment removed from such aircraft before conveyance. 

18 (2) NO LIABILITY FOR THE UNITED STATES.— 

19 Notwithstanding any other provision of law, upon the 

20 conveyance of a Big Crow aircraft under subsection 

21 (a), the United States shall not be liable for any 

22 death, injury, loss, or damage that results from the 

23 use of the aircraft by any person other than the 

24 United States. 
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1 (d) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions 

3 in connection with a conveyance under this section as the 

4 Secretary considers appropriate to protect the interests of 

5 the United States. 

6 SEC. 1083. PLAN FOR SUSTAINMENT OF LAND-BASED SOLID 

7 ROCKET MOTOR INDUSTRIAL BASE. 

8 (a) IN GENERAL.—The Secretary of Defense shall re9 view and establish a plan to sustain the solid rocket motor 

10 industrial base, including the ability to maintain and sus11 tain currently deployed strategic and missile defense sys12 tems and to maintain an intellectual and engineering ca13 pacity to support next generation rocket motors, as needed. 

14 (b) SUBMISSION OF PLAN.—Not later than March 1, 

15 2010, the Secretary of Defense shall submit to the congres16 sional defense committees the plan required under sub17 section (a), together with an explanation of how fiscal year 

18 2010 funds will be used to sustain and support the plan 

19 and a description of the funding in the future years defense 

20 program plan to support the plan. 

21 SEC. 1084. PILOT PROGRAM ON USE OF SERVICE DOGS FOR 

22 THE TREATMENT OR REHABILITATION OF 

23 VETERANS WITH PHYSICAL OR MENTAL INJU24 RIES OR DISABILITIES. 

25 (a) FINDINGS.—Congress makes the following findings: 
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1 (1) The United States owes a profound debt to 

2 those who have served the United States honorably in 

3 the Armed Forces. 

4 (2) Disabled veterans suffer from a range of 

5 physical and mental injuries and disabilities. 

6 (3) In 2008, the Army reported the highest level 

7 of suicides among its soldiers since it began tracking 

8 the rate 28 years before 2009. 

9 (4) A scientific study documented in the 2008 

10 Rand Report entitled ‘‘Invisible Wounds of War’’ esti11 mated that 300,000 veterans of Operation Enduring 

12 Freedom and Operation Iraqi Freedom currently suf13 fer from post-traumatic stress disorder. 

14 (5) Veterans have benefitted in multiple ways 

15 from the provision of service dogs. 

16 (6) The Department of Veterans Affairs has been 

17 successfully placing guide dogs with the blind since 

18 1961. 

19 (7) Thousands of dogs around the country await 

20 adoption. 

21 (b) PROGRAM REQUIRED.—Not later than 120 days 

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

23 of Veterans Affairs shall commence a three-year pilot pro24 gram to assess the benefits, feasibility, and advisability of 

25 using service dogs for the treatment or rehabilitation of vet-
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1 erans with physical or mental injuries or disabilities, in2 cluding post-traumatic stress disorder. 

3 (c) PARTNERSHIPS.— 

4 (1) IN GENERAL.—The Secretary shall carry out 

5 the pilot program by partnering with nonprofit orga6 nizations that— 

7 (A) have experience providing service dogs 

8 to individuals with injuries or disabilities; 

9 (B) do not charge fees for the dogs, services, 

10 or lodging that they provide; and 

11 (C) are accredited by a generally accepted 

12 industry-standard accrediting institution. 

13 (2) REIMBURSEMENT OF COSTS.—The Secretary 

14 shall reimburse partners for costs relating to the pilot 

15 program as follows: 

16 (A) For the first 50 dogs provided under the 

17 pilot program, all costs relating to the provision 

18 of such dogs. 

19 (B) For dogs provided under the pilot pro20 gram after the first 50 dogs provided, all costs 

21 relating to the provision of every other dog. 

22 (d) PARTICIPATION.— 

23 (1) IN GENERAL.—As part of the pilot program, 

24 the Secretary shall provide a service dog to a number 

25 of veterans with physical or mental injuries or dis-
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1 abilities that is greater than or equal to the greater 

2 of— 

3 (A) 200; and 

4 (B) the minimum number of such veterans 

5 required to produce scientifically valid results 

6 with respect to assessing the benefits and costs of 

7 the use of such dogs for the treatment or rehabili8 tation of such veterans. 

9 (2) COMPOSITION.—The Secretary shall ensure 

10 that— 

11 (A) half of the participants in the pilot pro12 gram are veterans who suffer primarily from a 

13 mental health injury or disability; and 

14 (B) half of the participants in the pilot pro15 gram are veterans who suffer primarily from a 

16 physical injury or disability. 

17 (e) STUDY.—In carrying out the pilot program, the 

18 Secretary shall conduct a scientifically valid research study 

19 of the costs and benefits associated with the use of service 

20 dogs for the treatment or rehabilitation of veterans with 

21 physical or mental injuries or disabilities. The matters 

22 studied shall include the following: 

23 (1) The therapeutic benefits to such veterans, in24 cluding the quality of life benefits reported by the vet25 erans partaking in the pilot program. 
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1 (2) The economic benefits of using service dogs 

2 for the treatment or rehabilitation of such veterans, 

3 including— 

4 (A) savings on health care costs, including 

5 savings relating to reductions in hospitalization 

6 and reductions in the use of prescription drugs; 

7 and 

8 (B) productivity and employment gains for 

9 the veterans. 

10 (3) The effectiveness of using service dogs to pre11 vent suicide. 

12 (f) REPORTS.— 

13 (1) ANNUAL REPORT OF THE SECRETARY.—After 

14 each year of the pilot program, the Secretary shall 

15 submit to Congress a report on the findings of the 

16 Secretary with respect to the pilot program. 

17 (2) FINAL REPORT BY THE NATIONAL ACADEMY

18 OF SCIENCES.—Not later than 180 days after the date 

19 of the completion of the pilot program, the National 

20 Academy of Sciences shall submit to Congress a re21 port on the results of the pilot program. 
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1 SEC. 1085. EXPANSION OF STATE HOME CARE FOR PARENTS 

2 OF VETERANS WHO DIED WHILE SERVING IN 

3 ARMED FORCES. 

4 In administering section 51.210(d) of title 38, Code 

5 of Federal Regulations, the Secretary of Veterans Affairs 

6 shall permit a State home to provide services to, in addition 

7 to non-veterans described in such subsection, a non-veteran 

8 any of whose children died while serving in the Armed 

9 Forces. 

10 SEC. 1086. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE 

11 AND RETIREMENT TREATMENT FOR CERTAIN 

12 RETIREES OF THE ARMED FORCES. 

13 (a) INCREASE IN MAXIMUM AGE LIMIT FOR POSITIONS

14 SUBJECT TO FERS.— 

15 (1) LAW ENFORCEMENT OFFICERS AND FIRE16 FIGHTERS.—Section 3307(e) of title 5, United States 

17 Code, is amended— 

18 (A) by striking ‘‘(e) The’’ and inserting 

19 ‘‘(e)(1) Except as provided in paragraph (2), 

20 the’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(2) The maximum age limit for an original appoint23 ment to a position as a firefighter or law enforcement officer 

24 (as defined by section 8401(14) or (17), respectively) shall 

25 be 47 years of age, in the case of an individual who on 

26 the effective date of such appointment is eligible to receive 
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1 retired pay or retainer pay for military service, or pension 

2 or compensation from the Department of Veterans Affairs 

3 instead of such retired or retainer pay.’’. 

4 (2) OTHER POSITIONS.—The maximum age 

5 limit for an original appointment to a position as a 

6 member of the Capitol Police or Supreme Court Po7 lice, nuclear materials courier (as defined under sec8 tion 8401(33) of title 5, United States Code), or cus9 toms and border protection officer (as defined in sec10 tion 8401(36) of title 5, United States Code) shall be 

11 47 years of age, in the case of an individual who on 

12 the effective date of such appointment is eligible to re13 ceive retired pay or retainer pay for military service, 

14 or pension or compensation from the Department of 

15 Veterans Affairs instead of such retired or retainer 

16 pay. 

17 (b) ELIGIBILITY FOR ANNUITY.—Section 8412(d) of 

18 title 5, United States Code, is amended— 

19 (1) in paragraph (1), by striking ‘‘or’’ at the 

20 end; 

21 (2) in paragraph (2), by adding ‘‘or’’ at the end; 

22 and 

23 (3) by inserting after paragraph (2) the fol24 lowing: 
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1 ‘‘(3) after becoming 57 years of age and com2 pleting 10 years of service as a law enforcement offi3 cer, member of the Capitol Police or Supreme Court 

4 Police, firefighter, nuclear materials courier, customs 

5 or border protection officer, or any combination of 

6 such service totaling 10 years, if such employee— 

7 ‘‘(A) is originally appointed to a position 

8 as a law enforcement officer, member of the Cap9 itol Police or Supreme Court Police, firefighter, 

10 nuclear materials courier, or customs and border 

11 protection officer on or after the effective date of 

12 this paragraph under section 1083(e) of the Na13 tional Defense Authorization Act for Fiscal Year 

14 2010; 

15 ‘‘(B) on the date that original appointment 

16 met the requirements of section 3307(e)(2) of this 

17 title or section 1083(a)(2) of the National De18 fense Authorization Act for Fiscal Year 2010.’’. 

19 (c) MANDATORY SEPARATION.—Section 8425 of title 5, 

20 United States Code, is amended— 

21 (1) in subsection (b)(1), in the first sentence, by 

22 inserting ‘‘, except that a law enforcement officer, 

23 firefighter, nuclear materials courier, or customs and 

24 border protection officer eligible for retirement under 

25 8412(d)(3) shall be separated from service on the last 
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1 day of the month in which that employee becomes 57 

2 years of age’’ before the period; 

3 (2) in subsection (c), in the first sentence, by in4 serting ‘‘, except that a member of the Capitol Police 

5 eligible for retirement under 8412(d)(3) shall be sepa6 rated from service on the last day of the month in 

7 which that employee becomes 57 years of age’’ before 

8 the period; and 

9 (3) in subsection (d), in the first sentence, by in10 serting ‘‘, except that a member of the Supreme Court 

11 Police eligible for retirement under 8412(d)(3) shall 

12 be separated from service on the last day of the month 

13 in which that employee becomes 57 years of age’’ be14 fore the period. 

15 (d) COMPUTATION OF BASIC ANNUITY.—Section 

16 8415(d) of title 5, United States Code, is amended— 

17 (1) in paragraph (1), by striking ‘‘total service 

18 as’’ and inserting ‘‘civilian service as a law enforce19 ment officer, member of the Capitol Police or Su20 preme Court Police, firefighter, nuclear materials cou21 rier, customs and border protection officer, or air 

22 traffic controller that, in the aggregate,’’; and 

23 (2) in paragraph (2), by striking ‘‘so much of 

24 such individual’s total service as exceeds 20 years’’ 
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1 and inserting ‘‘the remainder of such individual’s 

2 total service’’. 

3 (e) EFFECTIVE DATE.—This section (including the 

4 amendments made by this section) shall take effect 60 days 

5 after the date of the enactment of this Act and shall apply 

6 to appointments made on or after that effective date. 

7 SEC. 1087. SENSE OF CONGRESS ON MANNED AIRBORNE IR8 REGULAR WARFARE PLATFORMS. 

9 It is the sense of Congress that the Secretary of Defense 

10 should, with regard to the development of manned airborne 

11 irregular warfare platforms, coordinate requirements for 

12 such weapons systems with the military services, including 

13 the reserve components. 

14 SEC. 1088. EXTENSION OF SUNSET FOR CONGRESSIONAL 

15 COMMISSION ON THE STRATEGIC POSTURE 

16 OF THE UNITED STATES. 

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

18 (1) Congress is grateful for the service and lead19 ership of the members of the bipartisan Congressional 

20 Commission on the Strategic Posture of the United 

21 States, who, pursuant to section 1062 of the National 

22 Defense Authorization Act for Fiscal Year 2008 (Pub23 lic Law 110–181; 122 Stat. 319), spent more than 

24 one year examining the strategic posture of the 

25 United States in all of its aspects: deterrence strategy, 
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1 missile defense, arms control initiatives, and non2 proliferation strategies. 

3 (2) The Commission, comprised of some of the 

4 most preeminent scholars and technical experts in the 

5 United States in the subject matter, found a bipar6 tisan consensus on these issues in its Final Report 

7 made public on May 6, 2009. 

8 (3) Congress appreciates the service of former 

9 Secretary of Defense William Perry, former Secretary 

10 of Defense and Energy James Schlesinger, former 

11 Senator John Glenn, former Congressman Lee Ham12 ilton, Ambassador James Woolsey, Doctors John Fos13 ter, Fred Ikle, Keith Payne, Morton Halperin, Ellen 

14 Williams, Bruce Tarter, and Harry Cartland, and 

15 the United States Institute of Peace. 

16 (4) Congress values the work of the Commission 

17 and pledges to work with President Barack Obama to 

18 address the findings and review and consider the rec19 ommendations of the Commission. 

20 (b) EXTENSION OF SUNSET.—Section 1062 of the Na21 tional Defense Authorization Act for Fiscal Year 2008 (Pub22 lic Law 110–181; 122 Stat. 319) is amended— 

23 (1) by redesignating subsections (f) and (g) as 

24 subsections (g) and (h), respectively; 
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1 (2) in subsection (h), as redesignated by para2 graph (1), by striking ‘‘September 30, 2009’’ and in3 serting ‘‘September 30, 2010’’; and 

4 (3) by inserting after subsection (e) the following 

5 new subsection: 

6 ‘‘(f) FOLLOW-ON REPORT.—Following submittal of the 

7 report required in subsection (e), the Commission may con8 duct public outreach and discussion of the matters con9 tained in the report.’’. 

10 SEC. 1089. ADDITIONAL MEMBERS AND DUTIES FOR INDE11 PENDENT PANEL TO ASSESS THE QUADREN12 NIAL DEFENSE REVIEW. 

13 (a) FINDING.—Congress understands that the inde14 pendent panel appointed by the Secretary of Defense pursu15 ant to section 118(f) of title 10, United States Code, will 

16 be comprised of twelve members equally divided on a bipar17 tisan basis. 

18 (b) SENSE OF CONGRESS ON INDEPENDENT PANEL.— 

19 It is the sense of Congress that the independent panel ap20 pointed by the Secretary of Defense pursuant to section 

21 118(f) of title 10, United States Code, should be comprised 

22 of members equally divided on a bipartisan basis. 

23 (c) ADDITIONAL MEMBERS.— 

24 (1) IN GENERAL.—For purposes of conducting 

25 the assessment of the 2009 quadrennial defense review 
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1 under section 118 of title 10, United States Code (in 

2 this section referred to as the ‘‘2009 QDR’’), the inde3 pendent panel established under subsection (f) of such 

4 section (in this section referred to as the ‘‘Panel’’) 

5 shall include eight additional members to be ap6 pointed as follows: 

7 (A) Two by the chairman of the Committee 

8 on Armed Services of the House of Representa9 tives. 

10 (B) Two by the chairman of the Committee 

11 on Armed Services of the Senate. 

12 (C) Two by the ranking member of the 

13 Committee on Armed Services of the House of 

14 Representatives. 

15 (D) Two by the ranking member of the 

16 Committee on Armed Services of the Senate. 

17 (2) PERIOD OF APPOINTMENT; VACANCIES.—Any 

18 vacancy in an appointment to the Panel under para19 graph (1) shall be filled in the same manner as the 

20 original appointment. 

21 (d) ADDITIONAL DUTIES OF PANEL FOR 2009 QDR.— 

22 In addition to the duties of the Panel under section 118(f) 

23 of title 10, United States Code, the Panel shall, with respect 

24 to the 2009 QDR— 
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1 (1) conduct an independent assessment of a vari2 ety of possible force structures of the Armed Forces, 

3 including the force structure identified in the report 

4 of the 2009 QDR; and 

5 (2) make any recommendations it considers ap6 propriate for consideration. 

7 (e) REPORT OF SECRETARY OF DEFENSE.—Not later 

8 than 30 days after the Panel submits its report with respect 

9 to the 2009 QDR under section 118(f)(2) of title 10, United 

10 States Code, the Secretary of Defense, after consultation 

11 with the Chairman of the Joint Chiefs of Staff, shall submit 

12 to the congressional defense committees any comments of the 

13 Secretary on the report of the Panel. 

14 (f) TERMINATION.—The provisions of this section shall 

15 terminate on the day that is 45 days after the date on which 

16 the Panel submits its report with respect to the 2009 QDR 

17 under section 118(f)(2) of title 10, United States Code. 

18 SEC. 1090. CONTRACTING IMPROVEMENTS. 

19 (a) DEFINITIONS.—In this section— 

20 (1) the terms ‘‘Administration’’ and ‘‘Adminis21 trator’’ mean the Small Business Administration and 

22 the Administrator thereof, respectively; and 

23 (2) the terms ‘‘HUBZone small business con24 cern’’, ‘‘small business concern’’, ‘‘small business con25 cern owned and controlled by service-disabled vet-
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1 erans’’, and ‘‘small business concern owned and con2 trolled by women’’ have the same meanings as in sec3 tion 3 of the Small Business Act (15 U.S.C. 632). 

4 (b) CONTRACTING OPPORTUNITIES.—Section 

5 31(b)(2)(B) of the Small Business Act (15 U.S.C. 

6 657a(b)(2)(B)) is amended by striking ‘‘shall’’ and insert7 ing ‘‘may’’. 

8 (c) CONTRACTING GOALS.—Section 15(g)(1) of the 

9 Small Business Act (15 U.S.C. 644(g)(1)) is amended in 

10 the fourth sentence by inserting ‘‘and subcontract’’ after 

11 ‘‘not less than 3 percent of the total value of all prime con12 tract’’. 

13 (d) MENTOR-PROTEGE PROGRAMS.—The Adminis14 trator may establish mentor-protege programs for small 

15 business concerns owned and controlled by service-disabled 

16 veterans, small business concerns owned and controlled by 

17 women, and HUBZone small business concerns modeled on 

18 the mentor-protege program of the Administration for small 

19 business concerns participating in programs under section 

20 8(a) of the Small Business Act (15 U.S.C. 637(a)). 

21 SEC. 1091. NATIONAL D–DAY MEMORIAL STUDY. 

22 (a) DEFINITIONS.—In this section: 

23 (1) AREA.—The term ‘‘Area’’ means in the Na24 tional D–Day Memorial in Bedford, Virginia. 
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior, acting through the Di3 rector of the National Park Service. 

4 (b) STUDY.— 

5 (1) IN GENERAL.—The Secretary shall conduct a 

6 study of the Area to evaluate the national significance 

7 of the Area and suitability and feasibility of desig8 nating the Area as a unit of the National Park Sys9 tem. 

10 (2) CRITERIA.—In conducting the study required 

11 by paragraph (1), the Secretary shall use the criteria 

12 for the study of areas for potential inclusion in the 

13 National Park System in section 8(c) of Public Law 

14 91–383 (16 U.S.C. 1a–5(c)). 

15 (3) CONTENTS.—The study required by para16 graph (1) shall— 

17 (A) determine the suitability and feasibility 

18 of designating the Area as a unit of the National 

19 Park System; 

20 (B) include cost estimates for any necessary 

21 acquisition, development, operation, and mainte22 nance of the Area; and 

23 (C) identify alternatives for the manage24 ment, administration, and protection of the 

25 Area. 
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1 (c) REPORT.—Section 8(c) of Public Law 91–383 (16 

2 U.S.C. 1a–5(c)) shall apply to the conduct of the study re3 quired by this section, except that the study shall be sub4 mitted to the Committee on Natural Resources of the House 

5 of Representatives and the Committee on Energy and Nat6 ural Resources of the Senate not later than 3 years after 

7 the date on which funds are first made available for the 

8 study. 

9 TITLE XI—CIVILIAN PERSONNEL 

10 MATTERS 

11 Subtitle A—Personnel 

12 SEC. 1101. REPEAL OF NATIONAL SECURITY PERSONNEL 

13 SYSTEM; DEPARTMENT OF DEFENSE PER14 SONNEL AUTHORITIES. 

15 (a) REPEAL OF AUTHORITY TO ESTABLISH NATIONAL

16 SECURITY PERSONNEL SYSTEM.—Section 9902 of title 5, 

17 United States Code, is amended— 

18 (1) by striking subsections (a), (b), (c), (d), (e), 

19 (i), and (j); and 

20 (2) by redesignating subsections (f), (g), and (h) 

21 as subsections (d), (e), and (f) respectively. 

22 (b) PERIOD FOR TERMINATION OF NATIONAL SECU23 RITY PERSONNEL SYSTEM.— 

24 (1) APPLICABILITY OF PRIOR LAW TO UNITS IN

25 NSPS.—Notwithstanding the amendments made by 
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1 this section, the provisions of section 9902 of title 5, 

2 United States Code, as in effect on the day before the 

3 date of the enactment of this Act, shall apply to orga4 nizational and functional units included in the Na5 tional Security Personnel System as of January 20, 

6 2009, for a period of one year after the date of the 

7 enactment of this Act. 

8 (2) TRANSITION OF UNITS FROM NSPS.—The Sec9 retary of Defense shall ensure the orderly transition 

10 of all organizational and functional units covered by 

11 paragraph (1) from the National Security Personnel 

12 System by not later than one year after the date of 

13 the enactment of this Act. The Secretary shall ensure 

14 that no employee is subject to a reduction in pay as 

15 a result of such transition. 

16 (3) REMOVAL OF LIMITATION ON PAY ADJUST17 MENT.—Notwithstanding section 9902(e)(7) of title 5, 

18 United States Code (as in effect on the day before the 

19 date of the enactment of this Act), at the time of any 

20 annual adjustment to pay schedules pursuant to sec21 tion 5303 of such title during the transitional period 

22 provided in paragraph (1), the rate of basic pay for 

23 each employee described in section 9902(e)(7), as so 

24 in effect, shall be adjusted by 100 percent of the 

25 amount of such adjustment. 
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1 (4) CURRENT RULES INVALID.—Any rule or im2 plementing issuance adopted before the date of the en3 actment of this Act to implement any provision of 

4 section 9902 of title 5, United States Code (other than 

5 subsections (d), (e), and (f) of such section (as redesig6 nated by subsection (a)(2))), shall cease to be effective 

7 on the date that is one year after the date of the en8 actment of this Act. 

9 (c) AUTHORITY RELATING TO PERSONNEL MANAGE10 MENT AND WORKFORCE INCENTIVES.—Section 9902 of such 

11 title is further amended by inserting before subsection (d), 

12 as redesignated by subsection (a)(2) of this section, the fol13 lowing new subsections: 

14 ‘‘(a) PERSONNEL MANAGEMENT.—(1) The Secretary 

15 may waive the requirements of chapter 33, and the regula16 tions implementing such chapter, to the extent the Secretary 

17 considers appropriate to establish and implement regula18 tions providing for the following: 

19 ‘‘(A) Fair, credible, and transparent methods of 

20 establishing qualification requirements for, recruit21 ment for, and appointments to employment positions. 

22 ‘‘(B) Fair, credible, and transparent methods of 

23 assigning, reassigning, detailing, transferring, or pro24 moting employees. 
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1 ‘‘(2) In implementing this subsection, the Secretary 

2 shall comply with the provisions of section 2302(b)(11), re3 garding veterans’ preference requirements, in a manner 

4 comparable to that in which such provisions are applied 

5 under chapter 33. 

6 ‘‘(3) Any action taken by the Secretary under this sub7 section, or to implement this subsection, shall be subject to 

8 the requirements subsection (c) and chapter 71. 

9 ‘‘(b) PERFORMANCE MANAGEMENT AND WORKFORCE

10 INCENTIVES.—(1) The Secretary may waive the require11 ments of chapters 43 (other than sections 4302 and 4303(e)) 

12 and 45, and the regulations implementing such chapters, 

13 to the extent the Secretary considers appropriate to estab14 lish and implement regulations providing for the following: 

15 ‘‘(A) A fair, credible, and transparent perform16 ance appraisal system for employees. 

17 ‘‘(B) A fair, credible, and transparent system for 

18 linking employee bonuses and other performance19 based actions to performance appraisals of employees. 

20 ‘‘(C) A process for ensuring ongoing performance 

21 feedback and dialogue among supervisors, managers, 

22 and employees throughout the appraisal period and 

23 setting timetables for review. 

24 ‘‘(2)(A) The Secretary may establish a fund to be 

25 known as the ‘Department of Defense Civilian Workforce 
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1 Incentive Fund’ (in this paragraph referred to as the 

2 ‘Fund’). 

3 ‘‘(B) The Fund shall consist of the following: 

4 ‘‘(i) Amounts appropriated to the Fund. 

5 ‘‘(ii) Amounts available for compensation of em6 ployees that are transferred to the Fund. 

7 ‘‘(C) Amounts in the Fund shall be available as fol8 lows: 

9 ‘‘(i) For incentive payments to employees based 

10 on individual or team performance. 

11 ‘‘(ii) For incentive payments to employees for 

12 purposes of the employment and retention as employ13 ees of qualified individuals with particular com14 petencies or qualifications. 

15 ‘‘(3) Any action taken by the Secretary under this sub16 section, or to implement this subsection, shall be subject to 

17 the requirements of subsection (c) and chapter 71. 

18 ‘‘(c) CRITERIA FOR USE OF NEW PERSONNEL AU19 THORITIES.—In establishing any new personnel manage20 ment system under subsection (a) or new performance man21 agement and workforce incentive system under subsection 

22 (b), the Secretary shall— 

23 ‘‘(1) adhere to merit principles set forth in sec24 tion 2301; 
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1 ‘‘(2) include a means for ensuring employee in2 volvement in the design and implementation of such 

3 system; 

4 ‘‘(3) provide for adequate training and retrain5 ing for supervisors, managers, and employees in the 

6 implementation and operation of such system; 

7 ‘‘(4) include effective transparency and account8 ability measures and safeguards to ensure that the 

9 management of such system is fair, credible, and eq10 uitable, including appropriate independent reason11 ableness reviews, internal assessments, and employee 

12 surveys; and 

13 ‘‘(5) ensure that adequate agency resources are 

14 allocated for the design, implementation, and admin15 istration of such system.’’. 

16 (d) CONFORMING CLERICAL AMENDMENTS.— 

17 (1) HEADING AMENDMENT.—The heading of such 

18 section is amended to read as follows: 

19 ‘‘§ 9902. Department of Defense personnel authori20 ties’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 99 of such title is 

23 amended by striking the item relating to section 9902 

24 and inserting the following new item: 

‘‘9902. Department of Defense personnel authorities.’’. 
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1 (e) MODIFICATION OF IMPLEMENTATION AUTHORITIES

2 AND LIMITATIONS.—Section 1106 of the National Defense 

3 Authorization Act for Fiscal Year 2008 (Public Law 110– 

4 181; 122 Stat. 349) is amended— 

5 (1) by striking subsection (b); 

6 (2) by redesignating subsection (c) as subsection 

7 (b); and 

8 (3) in subsection (b), as redesignated by para9 graph (2)— 

10 (A) by striking paragraph (1) and inserting 

11 the following new paragraph (1): 

12 ‘‘(1) The Comptroller General shall conduct an13 nual reviews in calendar years 2010, 2011, and 2012 

14 of— 

15 ‘‘(A) employee satisfaction with any proc16 esses established pursuant to regulations promul17 gated by the Secretary of Defense pursuant to 

18 section 9902 of title 5, United States Code; and 

19 ‘‘(B) the extent to which any processes so es20 tablished are fair, credible, and transparent, as 

21 required by such section 9902.’’; and 

22 (B) in paragraph (2), by striking ‘‘the Na23 tional Security Personnel System’’ and inserting 

24 ‘‘any processes established pursuant to such regu25 lations’’. 
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1 (f) ADDITIONAL CONFORMING AMENDMENT.—Section 

2 1108(b) of the Duncan Hunter National Defense Authoriza3 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 

4 Stat. 4618; 10 U.S.C. 1580 note) is amended by striking 

5 ‘‘identified in section 9902(c)(2) of title 5, United States 

6 Code.’’ and inserting ‘‘as follows: 

7 ‘‘(1) The Aviation and Missile Research Develop8 ment and Engineering Center. 

9 ‘‘(2) The Army Research Laboratory. 

10 ‘‘(3) The Medical Research and Materiel Com11 mand. 

12 ‘‘(4) The Engineer Research and Development 

13 Command. 

14 ‘‘(5) The Communications–Electronics Com15 mand. 

16 ‘‘(6) The Soldier and Biological Chemical Com17 mand. 

18 ‘‘(7) The Naval Sea Systems Command Centers. 

19 ‘‘(8) The Naval Research Laboratory. 

20 ‘‘(9) The Office of Naval Research. 

21 ‘‘(10) The Air Force Research Laboratory.’’. 

22 (g) WAIVER.—Subsection (a) through (f) of this section 

23 and the amendments made by such subsections shall not 

24 take effect if, not later than 60 days after the date of the 

25 enactment of this Act, the Secretary of Defense submits to 
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1 the Committees on Armed Services of the Senate and the 

2 House of Representatives, the Committee on Homeland Se3 curity and Governmental Affairs of the Senate, and the 

4 Committee on Oversight and Government Reform of the 

5 House of Representatives a report that includes— 

6 (1) a certification that— 

7 (A) the termination of the National Secu8 rity Personnel System would not be in the best 

9 interest of the Department of Defense; 

10 (B) the Secretary intends to implement 

11 changes during fiscal year 2010 to improve the 

12 fairness, credibility, and transparency of the Na13 tional Security Personnel System; and 

14 (C) the Secretary has determined that the 

15 changes to be made pursuant to subparagraph 

16 (B) will result in improved employee acceptance 

17 of the National Security Personnel System; and 

18 (2) a description of the changes that the Sec19 retary intends to implement and the schedule for im20 plementing such changes. 

21 (h) EXPANSION PROHIBITED.—If the Secretary of De22 fense submits a report and certification under subsection 

23 (g) and the National Security Personnel System is not ter24 minated, the National Security Personnel System may not 

25 be extended to organizational and functional units of the 
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1 Department of Defense not included in such system as of 

2 June 1, 2009, unless specifically authorized by statute en3 acted after the date of the enactment of this Act. 

4 SEC. 1102. EXTENSION AND MODIFICATION OF EXPERI5 MENTAL PERSONNEL MANAGEMENT PRO6 GRAM FOR SCIENTIFIC AND TECHNICAL PER7 SONNEL. 

8 (a) THREE-YEAR EXTENSION.—Subsection (e)(1) of 

9 section 1101 of the Strom Thurmond National Defense Au10 thorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note) 

11 is amended by striking ‘‘September 30, 2011’’ and inserting 

12 ‘‘September 30, 2014’’. 

13 (b) LIMITATIONS ON ADDITIONAL PAYMENTS.—Such 

14 section is further amended— 

15 (1) in subsection (b)(3), by striking ‘‘under sub16 section (d)(1)’’ and inserting ‘‘under subsection (d)’’; 

17 and 

18 (2) by striking subsection (d) and inserting the 

19 following new subsection (d): 

20 ‘‘(d) LIMITATIONS ON ADDITIONAL PAYMENTS.—(1) 

21 Subject to paragraph (3), the total amount of additional 

22 payments paid to an employee under subsection (b)(3) for 

23 any 12-month period may not exceed the lesser of the 

24 amounts as follows: 
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1 ‘‘(A) $50,000 in fiscal year 2010, which may be 

2 adjusted annually thereafter by the Secretary, with a 

3 percentage increase equal to one-half of 1 percentage 

4 point less than the percentage by which the Employ5 ment Cost Index, published quarterly by the Bureau 

6 of Labor Statistics, for the base quarter of the year 

7 before the preceding calendar year exceeds the Em8 ployment Cost Index for the base quarter of the second 

9 year before the preceding calendar year. 

10 ‘‘(B) The amount equal to 50 percent of the em11 ployee’s annual rate of basic pay. 

12 ‘‘(2) In paragraph (1), the term ‘base quarter’ has the 

13 meaning given that term in section 5302(3) of title 5, 

14 United States Code. 

15 ‘‘(3) Notwithstanding any other provision of this sec16 tion or section 5307 of title 5, United States Code, no addi17 tional payments may be paid to an employee under sub18 section (b)(3) in any calendar year if, or to the extent that, 

19 the employee’s total annual compensation in such calendar 

20 year will exceed the maximum amount of total annual com21 pensation payable at the salary set in accordance with sec22 tion 104 of title 3, United States Code. 

23 ‘‘(4) An employee appointed under the program is not 

24 eligible for any bonus, monetary award, or other monetary 
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1 incentive for service under the appointment other than pay2 ments authorized by this section.’’. 

3 (c) REPORTING REQUIREMENTS.—Paragraph (1) of 

4 subsection (g) of such section is amended to read as follows: 

5 ‘‘(1)(A) Not later than December 31 each year in which 

6 the authority under this section is in effect, the Secretary 

7 of Defense shall submit to the committees of Congress speci8 fied in subparagraph (B) a report on the program. Each 

9 report shall cover the 12-month period preceding the date 

10 of the submittal of such report. 

11 ‘‘(B) The committees of Congress specified in this sub12 paragraph are— 

13 ‘‘(i) the Committee on Armed Services, the Com14 mittee on Homeland Security and Governmental Af15 fairs, and the Committee on Appropriations of the 

16 Senate; and 

17 ‘‘(ii) the Committee on Armed Services, the Com18 mittee on Oversight and Government Reform, and the 

19 Committee on Appropriations of the House of Rep20 resentatives’’. 
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1 SEC. 1103. 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 (a) EXTENSION OF AUTHORITY.—Subsection (a) of sec7 tion 1101 of the Duncan Hunter National Defense Author8 ization Act for Fiscal Year 2009 (Public Law 110–417; 122 

9 Stat. 4615) is amended by striking ‘‘calendar year 2009’’ 

10 and inserting ‘‘calendar years 2009 and 2010’’. 

11 (b) CLARIFICATION OF EXEMPTION FROM AGGREGATE

12 LIMITATIONS ON PAY.—Subsection (b) of such section is 

13 amended by striking ‘‘Section 5307 of title 5, United States 

14 Code’’ and inserting ‘‘Aggregate limitations on pay, wheth15 er established by law or regulation’’. 

16 SEC. 1104. AVAILABILITY OF FUNDS FOR COMPENSATION 

17 OF CERTAIN CIVILIAN EMPLOYEES OF THE 

18 DEPARTMENT OF DEFENSE. 

19 (a) AVAILABILITY OF FUNDS.—Notwithstanding any 

20 other provision of law, funds authorized to be appropriated 

21 for the Department of Defense that are available for the pur22 chase of contract services to meet a requirement that is an23 ticipated to continue for five years or more shall be avail24 able to provide compensation for civilian employees of the 

25 Department to meet the same requirement. 
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1 (b) REGULATIONS.—Not later than 120 days after the 

2 date of the enactment of this Act, the Secretary shall pre3 scribe regulations implementing the authority in subsection 

4 (a). Such regulations— 

5 (1) shall ensure that the authority in subsection 

6 (a) is utilized to build government capabilities that 

7 are needed to perform inherently governmental func8 tions, functions closely associated with inherently gov9 ernmental functions, and other critical functions; 

10 (2) shall include a mechanism to ensure that fol11 low-on funding to provide compensation for civilian 

12 employees of the Department to perform functions de13 scribed in paragraph (1) is provided from appro14 priate accounts; and 

15 (3) may establish additional criteria and levels 

16 of approval within the Department for the utilization 

17 of funds to provide compensation for civilian employ18 ees of the Department pursuant to subsection (a). 

19 (c) ANNUAL REPORT.—Not later than 60 days after 

20 the end of each fiscal year for which the authority in sub21 section (a) is in effect, the Secretary shall submit to the 

22 congressional defense committees a report on the use of such 

23 authority. Each report shall cover the preceding fiscal year 

24 and shall identify, at a minimum, the following: 
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1 (1) The amount of funds used under the author2 ity in subsection (a) to provide compensation for ci3 vilian employees. 

4 (2) The source or sources of the funds so used. 

5 (3) The number of civilian employees employed 

6 through the use of such funds. 

7 (4) The actions taken by the Secretary to ensure 

8 that follow-on funding for such civilian employees is 

9 provided through appropriate accounts. 

10 (d) TEMPORARY AUTHORITY.—The authority in sub11 section (a) shall apply to funds authorized to be appro12 priated for the Department of Defense fiscal years 2010 

13 through 2019. 

14 SEC. 1105. DEPARTMENT OF DEFENSE CIVILIAN LEADER15 SHIP PROGRAM. 

16 (a) LEADERSHIP PROGRAM REQUIRED.— 

17 (1) IN GENERAL.—Not later than 180 days after 

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

19 Defense shall establish a program of leadership re20 cruitment and development for civilian employees of 

21 the Department of Defense, to be known as the ‘‘De22 partment of Defense Civilian Leadership Program’’ 

23 (in this section referred to as the ‘‘program’’). 

24 (2) OBJECTIVES.—The objectives of the program 

25 shall be as follows: 
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1 (A) To develop a new generation of civilian 

2 leaders for the Department of Defense. 

3 (B) To recruit individuals with the aca4 demic merit, work experience, and demonstrated 

5 leadership skills to meet the future needs of the 

6 Department. 

7 (C) To offer rapid advancement, competitive 

8 compensation, and leadership opportunities to 

9 highly-qualified civilian employees of the De10 partment. 

11 (3) AVAILABLE AUTHORITIES.—In carrying out 

12 the program, the Secretary may exercise any author13 ity available to the Office of Personnel Management 

14 under section 4703 of title 5, United States Code, ex15 cept that the Secretary shall not be bound by the limi16 tations in subsection (d) of such section. Nothing in 

17 this section shall be construed to authorize the waiver 

18 of any part of chapter 71 of title 5, United States 

19 Code, or any regulation implementing such chapter, 

20 in the carrying out of the program. 

21 (b) ELIGIBLE INDIVIDUALS.— 

22 (1) IN GENERAL.—The following individuals 

23 shall be eligible to participate in the program: 

24 (A) Current employees of the Department of 

25 Defense. 
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1 (B) Appropriate individuals in the private 

2 sector. 

3 (2) LIMITATION ON NUMBER OF ENTRANTS INTO

4 PROGRAM.—The total number of individuals who may 

5 enter into the program in any fiscal year may not ex6 ceed 5,000. 

7 (c) ELEMENTS OF PROGRAM.— 

8 (1) COMPETITIVE ENTRY.—The selection of indi9 viduals for entry into the program shall be made on 

10 the basis of a competition conducted at least twice 

11 each year. In each competition, participants in the 

12 program shall be selected from among applicants de13 termined by the Secretary to be the most highly quali14 fied in terms of academic merit, work experience, and 

15 demonstrated leadership skills. Each competition shall 

16 provide for entry-level participants and midcareer 

17 participants in the program. 

18 (2) ALLOCATION OF POSITIONS.—The Secretary 

19 shall allocate positions in the program among the 

20 components of the Department of Defense that— 

21 (A) offer the most challenging assignments; 

22 (B) provide the greatest level of responsi23 bility; and 

24 (C) demonstrate the greatest need for par25 ticipants in the program. 
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1 (3) ASSIGNMENTS TO POSITIONS.—Participants 

2 in the program shall be assigned to components of the 

3 Department that best match their skills and qualifica4 tions. Participants in the program may be rotated 

5 among components of the Department of Defense at 

6 the discretion of the Secretary. 

7 (4) INITIAL COMPENSATION.—The initial com8 pensation of participants in the program shall be de9 termined by the Secretary based on the qualifications 

10 of such participants and applicable market condi11 tions. 

12 (5) EDUCATION AND TRAINING.—The Secretary 

13 shall provide participants in the program with train14 ing, mentoring, and educational opportunities that 

15 are appropriate to facilitate the development of such 

16 participants into effective civilian leaders for the De17 partment of Defense. 

18 (6) OBJECTIVE, MERIT-BASED PRINCIPLES FOR

19 PERSONNEL DECISIONS.—The Secretary shall make 

20 personnel decisions under the program in accordance 

21 with such objective, merit-based criteria as the Sec22 retary shall prescribe in regulations for purposes of 

23 the program. Such criteria shall include, but not be 

24 limited to, criteria applicable to the following: 
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1 (A) The selection of individuals for entry 

2 into the program. 

3 (B) The assignment of participants in the 

4 program to positions in the Department of De5 fense. 

6 (C) The initial compensation of partici7 pants in the program. 

8 (D) The access of participants in the pro9 gram to training, mentoring, and educational 

10 opportunities under the program. 

11 (E) The consideration of participants in the 

12 program for selection into the senior manage13 ment, functional, and technical workforce of the 

14 Department. 

15 (7) CONSIDERATION FOR SENIOR MANAGEMENT, 

16 FUNCTIONAL, AND TECHNICAL WORKFORCE.—Any 

17 participant in the program who, as determined by the 

18 Secretary, demonstrates outstanding performance 

19 shall be afforded priority in consideration for selec20 tion into the appropriate element of the senior man21 agement, functional, and technical workforce of the 

22 Department of Defense (as set forth in section 1102(b) 

23 of the John Warner National Defense Authorization 

24 Act for Fiscal Year 2007 (Public Law 109–364; 120 

25 Stat. 2407)). 
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1 SEC. 1106. REVIEW OF DEFENSE LABORATORIES FOR PAR2 TICIPATION IN DEFENSE LABORATORY PER3 SONNEL DEMONSTRATION PROJECTS. 

4 (a) REVIEW REQUIRED.—The Secretary of Defense 

5 shall undertake a review of defense laboratories not cur6 rently included in personnel demonstration projects author7 ized by section 342(b) of the National Defense Authorization 

8 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 

9 2721), as amended by section 1114 of the Floyd D. Spence 

10 National Defense Authorization Act for Fiscal Year 2001 

11 (as enacted into law by Public Law 106–398; 114 Stat. 

12 1654A–315), to determine whether or not any laboratory 

13 so reviewed would benefit from the extension to such labora14 tory of the personnel management flexibilities available 

15 under such section 342(b), as so amended. 

16 (b) COVERED LABORATORIES.—The laboratories cov17 ered by the review required by subsection (a) shall include, 

18 but not be limited to, the following: 

19 (1) Laboratories within the Army Research, De20 velopment, and Engineering Command. 

21 (2) Army Tank and Automotive Research, Devel22 opment, and Engineering Center. 

23 (3) Army Armament Research, Development, 

24 and Engineering Center. 

25 (4) Naval Air Warfare Center, Weapons Divi26 sion. 
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1 (5) Naval Air Warfare Center, Aircraft Division. 

2 (6) Space and Naval Warfare Systems Center, 

3 Pacific. 

4 (7) Space and Naval Warfare Systems Center, 

5 Atlantic. 

6 (c) REPORT.— 

7 (1) IN GENERAL.—Not later than 90 days after 

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

9 shall submit to the appropriate committees of Con10 gress a report setting forth the results of the review 

11 required by subsection (a). 

12 (2) APPROPRIATE COMMITTEES OF CONGRESS

13 DEFINED.—In this subsection, the term ‘‘appropriate 

14 committees of Congress’’ means— 

15 (A) the Committee on Armed Services, the 

16 Committee on Homeland Security and Govern17 mental Affairs, and the Committee on Appro18 priations of the Senate; and 

19 (B) the Committee on Armed Services, the 

20 Committee on Oversight and Government Re21 form, and the Committee on Appropriations of 

22 the House of Representatives. 
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1 Subtitle B—Part-Time 

2 Reemployment of Annuitants 

3 SEC. 1161. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Part-Time Reem5 ployment of Annuitants Act of 2009’’. 

6 SEC. 1162. PART-TIME REEMPLOYMENT. 

7 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

8 8344 of title 5, United States Code, is amended— 

9 (1) by redesignating subsection (l) as subsection 

10 (m); 

11 (2) by inserting after subsection (k) the fol12 lowing: 

13 ‘‘(l)(1) For purposes of this subsection— 

14 ‘‘(A) the term ‘head of an agency’ means— 

15 ‘‘(i) the head of an Executive agency, other 

16 than the Department of Defense or the Govern17 ment Accountability Office; 

18 ‘‘(ii) the head of the United States Postal 

19 Service; 

20 ‘‘(iii) the Director of the Administrative Of21 fice of the United States Courts, with respect to 

22 employees of the judicial branch; and 

23 ‘‘(iv) any employing authority described 

24 under subsection (k)(2), other than the Govern25 ment Accountability Office; and 
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1 ‘‘(B) the term ‘limited time appointee’ means an 

2 annuitant appointed under a temporary appointment 

3 limited to 1 year or less. 

4 ‘‘(2) The head of an agency may waive the application 

5 of subsection (a) or (b) with respect to any annuitant who 

6 is employed in such agency as a limited time appointee, 

7 if the head of the agency determines that the employment 

8 of the annuitant is necessary to— 

9 ‘‘(A) fulfill functions critical to the mission of 

10 the agency, or any component of that agency; 

11 ‘‘(B) assist in the implementation or oversight of 

12 the American Recovery and Reinvestment Act of 2009 

13 (Public Law 111–5) or the Troubled Asset Relief Pro14 gram under title I of the Emergency Economic Sta15 bilization Act of 2008 (12 U.S.C. 5201 et seq.); 

16 ‘‘(C) assist in the development, management, or 

17 oversight of agency procurement actions; 

18 ‘‘(D) assist the Inspector General for that agency 

19 in the performance of the mission of that Inspector 

20 General; 

21 ‘‘(E) promote appropriate training or mentoring 

22 programs of employees; 

23 ‘‘(F) assist in the recruitment or retention of em24 ployees; or 
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1 ‘‘(G) respond to an emergency involving a direct 

2 threat to life of property or other unusual cir3 cumstances. 

4 ‘‘(3) The head of an agency may not waive the applica5 tion of subsection (a) or (b) with respect to an annuitant— 

6 ‘‘(A) for more than 520 hours of service per7 formed by that annuitant during the period ending 6 

8 months following the individual’s annuity com9 mencing date; 

10 ‘‘(B) for more than 1040 hours of service per11 formed by that annuitant during any 12-month pe12 riod; or 

13 ‘‘(C) for more than a total of 3120 hours of serv14 ice performed by that annuitant. 

15 ‘‘(4)(A) The total number of annuitants to whom a 

16 waiver by the head of an agency under this subsection or 

17 section 8468(i) applies may not exceed 2.5 percent of the 

18 total number of full-time employees of that agency. 

19 ‘‘(B) If the total number of annuitants to whom a 

20 waiver by the head of an agency under this subsection or 

21 section 8468(i) applies exceeds 1 percent of the total number 

22 of full-time employees of that agency, the head of that agen23 cy shall submit to the Committee on Homeland Security 

24 and Governmental Affairs of the Senate, the Committee on 
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1 Oversight and Government Reform of the House of Rep2 resentatives, and the Office of Personnel Management— 

3 ‘‘(i) a report with an explanation that justifies 

4 the need for the waivers in excess of that percentage; 

5 and 

6 ‘‘(ii) not later than 180 days after submitting 

7 the report under clause (i), a succession plan. 

8 ‘‘(5)(A) The Director of the Office of Personnel Man9 agement may promulgate regulations providing for the ad10 ministration of this subsection. 

11 ‘‘(B) Any regulations promulgated under subpara12 graph (A) may— 

13 ‘‘(i) provide standards for the maintenance 

14 and form of necessary records of employment 

15 under this subsection; 

16 ‘‘(ii) to the extent not otherwise expressly 

17 prohibited by law, require employing agencies to 

18 provide records of such employment to the Office 

19 of Personnel Management or other employing 

20 agencies as necessary to ensure compliance with 

21 paragraph (3); 

22 ‘‘(iii) authorize other administratively con23 venient periods substantially equivalent to 12 

24 months, such as 26 pay periods, to be used in de25 termining compliance with paragraph (3)(B); 
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1 ‘‘(iv) include such other administrative re2 quirements as the Director of the Office of Per3 sonnel Management may find appropriate to 

4 provide for the effective operation of, or to ensure 

5 compliance with, this subsection; and 

6 ‘‘(v) encourage the training and mentoring 

7 of employees by any limited time appointee em8 ployed under this subsection. 

9 ‘‘(6)(A) Any hours of training or mentoring of employ10 ees by any limited time appointee employed under this sub11 section shall not be included in the hours of service per12 formed for purposes of paragraph (3), but those hours of 

13 training or mentoring may not exceed 520 hours. 

14 ‘‘(B) If the primary service performed by any limited 

15 time appointee employed under this subsection is training 

16 or mentoring of employees, the hours of that service shall 

17 be included in the hours of service performed for purposes 

18 of paragraph (3). 

19 ‘‘(7) The authority of the head of an agency under this 

20 subsection to waive the application of subsection (a) or (b) 

21 shall terminate 5 years after the date of enactment of the 

22 Part-Time Reemployment of Annuitants Act of 2009.’’; and 

23 (3) in subsection (m) (as so redesignated)— 

24 (A) in paragraph (1), by striking ‘‘(k)’’ and 

25 inserting ‘‘(l)’’; and 
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1 (B) in paragraph (2), by striking ‘‘or (k)’’ 

2 and inserting ‘‘(k), or (l)’’. 

3 (b) FEDERAL EMPLOYEE RETIREMENT SYSTEM.—Sec4 tion 8468 of title 5, United States Code, is amended— 

5 (1) by redesignating subsection (i) as subsection 

6 (j); 

7 (2) by inserting after subsection (h) the fol8 lowing: 

9 ‘‘(i)(1) For purposes of this subsection— 

10 ‘‘(A) the term ‘head of an agency’ means— 

11 ‘‘(i) the head of an Executive agency, other 

12 than the Department of Defense or the Govern13 ment Accountability Office; 

14 ‘‘(ii) the head of the United States Postal 

15 Service; 

16 ‘‘(iii) the Director of the Administrative Of17 fice of the United States Courts, with respect to 

18 employees of the judicial branch; and 

19 ‘‘(iv) any employing authority described 

20 under subsection (h)(2), other than the Govern21 ment Accountability Office; and 

22 ‘‘(B) the term ‘limited time appointee’ means an 

23 annuitant appointed under a temporary appointment 

24 limited to 1 year or less. 
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1 ‘‘(2) The head of an agency may waive the application 

2 of subsection (a) with respect to any annuitant who is em3 ployed in such agency as a limited time appointee, if the 

4 head of the agency determines that the employment of the 

5 annuitant is necessary to— 

6 ‘‘(A) fulfill functions critical to the mission of 

7 the agency, or any component of that agency; 

8 ‘‘(B) assist in the implementation or oversight of 

9 the American Recovery and Reinvestment Act of 2009 

10 (Public Law 111–5) or the Troubled Asset Relief Pro11 gram under title I of the Emergency Economic Sta12 bilization Act of 2008 (12 U.S.C. 5201 et seq.); 

13 ‘‘(C) assist in the development, management, or 

14 oversight of agency procurement actions; 

15 ‘‘(D) assist the Inspector General for that agency 

16 in the performance of the mission of that Inspector 

17 General; 

18 ‘‘(E) promote appropriate training or mentoring 

19 programs of employees; 

20 ‘‘(F) assist in the recruitment or retention of em21 ployees; or 

22 ‘‘(G) respond to an emergency involving a direct 

23 threat to life of property or other unusual cir24 cumstances. 
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1 ‘‘(3) The head of an agency may not waive the applica2 tion of subsection (a) with respect to an annuitant— 

3 ‘‘(A) for more than 520 hours of service per4 formed by that annuitant during the period ending 6 

5 months following the individual’s annuity com6 mencing date; 

7 ‘‘(B) for more than 1040 hours of service per8 formed by that annuitant during any 12-month pe9 riod; or 

10 ‘‘(C) for more than a total of 3120 hours of serv11 ice performed by that annuitant. 

12 ‘‘(4)(A) The total number of annuitants to whom a 

13 waiver by the head of an agency under this subsection or 

14 section 8344(l) applies may not exceed 2.5 percent of the 

15 total number of full-time employees of that agency. 

16 ‘‘(B) If the total number of annuitants to whom a 

17 waiver by the head of an agency under this subsection or 

18 section 8344(l) applies exceeds 1 percent of the total number 

19 of full-time employees of that agency, the head of that agen20 cy shall submit to the Committee on Homeland Security 

21 and Governmental Affairs of the Senate, the Committee on 

22 Oversight and Government Reform of the House of Rep23 resentatives, and the Office of Personnel Management— 
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1 ‘‘(i) a report with an explanation that justifies 

2 the need for the waivers in excess of that percentage; 

3 and 

4 ‘‘(ii) not later than 180 days after submitting 

5 the report under clause (i), a succession plan. 

6 ‘‘(5)(A) The Director of the Office of Personnel Man7 agement may promulgate regulations providing for the ad8 ministration of this subsection. 

9 ‘‘(B) Any regulations promulgated under subpara10 graph (A) may— 

11 ‘‘(i) provide standards for the maintenance and 

12 form of necessary records of employment under this 

13 subsection; 

14 ‘‘(ii) to the extent not otherwise expressly prohib15 ited by law, require employing agencies to provide 

16 records of such employment to the Office or other em17 ploying agencies as necessary to ensure compliance 

18 with paragraph (3); 

19 ‘‘(iii) authorize other administratively conven20 ient periods substantially equivalent to 12 months, 

21 such as 26 pay periods, to be used in determining 

22 compliance with paragraph (3)(B); 

23 ‘‘(iv) include such other administrative require24 ments as the Director of the Office of Personnel Man25 agement may find appropriate to provide for effective 
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1 operation of, or to ensure compliance with, this sub2 section; and 

3 ‘‘(v) encourage the training and mentoring of 

4 employees by any limited time appointee employed 

5 under this subsection. 

6 ‘‘(6)(A) Any hours of training or mentoring of employ7 ees by any limited time appointee employed under this sub8 section shall not be included in the hours of service per9 formed for purposes of paragraph (3), but those hours of 

10 training or mentoring may not exceed 520 hours. 

11 ‘‘(B) If the primary service performed by any limited 

12 time appointee employed under this subsection is training 

13 or mentoring of employees, the hours of that service shall 

14 be included in the hours of service performed for purposes 

15 of paragraph (3). 

16 ‘‘(7) The authority of the head of an agency under this 

17 subsection to waive the application of subsection (a) shall 

18 terminate 5 years after the date of enactment of the Part19 Time Reemployment of Annuitants Act of 2009.’’; and 

20 (3) in subsection (j) (as so redesignated)— 

21 (A) in paragraph (1), by striking ‘‘(h)’’ and 

22 inserting ‘‘(i)’’; and 

23 (B) in paragraph (2), by striking ‘‘or (h)’’ 

24 and inserting ‘‘(h), or (i)’’. 
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1 (c) RULE OF CONSTRUCTION.—Nothing in the amend2 ments made by this section may be construed to authorize 

3 the waiver of the hiring preferences under chapter 33 of title 

4 5, United States Code in selecting annuitants to employ 

5 in an appointive or elective position. 

6 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 Section 1005(d)(2) of title 39, United States Code, is 

8 amended— 

9 (1) by striking ‘‘(l)(2)’’ and inserting ‘‘(m)(2)’’; 

10 and 

11 (2) by striking ‘‘(i)(2)’’ and inserting ‘‘(j)(2)’’. 

12 SEC. 1163. GENERAL ACCOUNTABILITY OFFICE REPORT. 

13 (a) IN GENERAL.—Not later than 3 years after the 

14 date of enactment of this Act, the Comptroller General of 

15 the United States shall submit to the Committee on Home16 land Security and Governmental Affairs of the Senate and 

17 the Committee on Oversight and Government Reform of the 

18 House of Representatives a report regarding the use of the 

19 authority under the amendments made by section 1162. 

20 (b) CONTENTS.—The report submitted under sub21 section (a) shall— 

22 (1) include the number of annuitants for whom 

23 a waiver was made under subsection (l) of section 

24 8344 of title 5, United States Code, as amended by 

25 this subtitle, or subsection (i) of section 8468 of title 
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1 5, United States Code, as amended by this subtitle; 

2 and 

3 (2) identify each agency that used the authority 

4 described in paragraph (1). 

5 (c) AGENCY DATA.—Each head of an agency (as de6 fined under sections 8344(l)(1) and 8468(i)(1)(A) of title 

7 5, United States Code, as added by section 1162 of this sub8 title) shall— 

9 (1) collect and maintain data necessary for pur10 poses of the Comptroller General report submitted 

11 under subsection (a); and 

12 (2) submit to the Comptroller General that data 

13 as the Comptroller General requires in a timely fash14 ion. 

15 TITLE XII—MATTERS RELATING 

16 TO FOREIGN NATIONS 

17 Subtitle A—Assistance and 

18 Training 

19 SEC. 1201. INCREASE IN UNIT COST THRESHOLD FOR PUR20 CHASES USING CERTAIN FUNDS UNDER THE 

21 COMBATANT COMMANDER INITIATIVE FUND. 

22 (a) INCREASE.— 

23 (1) IN GENERAL.—Subsection (e)(1)(A) of section 

24 166a of title 10, United States Code, is amended by 

25 striking ‘‘$15,000’’ and inserting ‘‘the investment 
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1 unit threshold in effect under section 2245a of this 

2 title’’. 

3 (2) EFFECTIVE DATE.—The amendment made by 

4 paragraph (1) shall take effect on October 1, 2009, 

5 and shall apply with respect to funds available under 

6 the Combatant Commander Initiative Fund for fiscal 

7 years that being on or after that date. 

8 (b) CLARIFYING AMENDMENTS.— 

9 (1) CLERICAL AMENDMENT.—The section head10 ing of such section is amended to read as follows: 

11 ‘‘§ 166a. Combatant commands: funding through the 

12 Chairman of the Joint Chiefs of Staff 

13 from Combatant Commander Initiative 

14 Fund’’. 

15 (2) TABLE OF SECTIONS.—The table of sections 

16 at the beginning of chapter 6 of such title is amended 

17 by striking the item relating to section 166a and in18 serting the following new item: 

‘‘166a. Combatant commands: funding through the Chairman of the Joint Chiefs 

of Staff from Combatant Commander Initiative Fund.’’. 
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1 SEC. 1202. AUTHORITY TO PROVIDE ADMINISTRATIVE SERV2 ICES AND SUPPORT TO COALITION LIAISON 

3 OFFICERS OF CERTAIN FOREIGN NATIONS AS4 SIGNED TO UNITED STATES JOINT FORCES 

5 COMMAND. 

6 (a) EXTENSION OF AUTHORITY.—Subsection (a) of sec7 tion 1051a of title 10, United States Code, is amended— 

8 (1) by striking ‘‘assigned temporarily’’ and in9 serting ‘‘assigned temporarily as follows:’’; 

10 (2) by designating the remainder of the text of 

11 that subsection as paragraph (1) and indenting that 

12 text two ems from the left margin; 

13 (3) in paragraph (1), as so designated, by strik14 ing ‘‘to the headquarters’’ and inserting ‘‘To the head15 quarters’’; and 

16 (4) by adding at the end the following new para17 graph: 

18 ‘‘(2) To the headquarters of the combatant com19 mand assigned by the Secretary of Defense the mis20 sion of joint warfighting experimentation and joint 

21 forces training.’’. 

22 (b) EFFECTIVE DATE.—Paragraph (2) of section 

23 1051a(a) of title 10, United States Code (as added by sub24 section (a)), shall take effect on October 1, 2009, or the date 

25 of the enactment of this Act, whichever is later. 
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1 SEC. 1203. MODIFICATION OF AUTHORITIES RELATING TO 

2 PROGRAM TO BUILD THE CAPACITY OF FOR3 EIGN MILITARY FORCES. 

4 (a) TEMPORARY LIMITATION ON AMOUNT FOR BUILD5 ING CAPACITY FOR MILITARY AND STABILITY OPER6 ATIONS.—Section 1206(c) of the National Defense Author7 ization Act for Fiscal Year 2006 (Public Law 109–163; 119 

8 Stat. 3456), as amended by section 1206 of the John War9 ner National Defense Authorization Act for Fiscal Year 

10 2007 (Public Law 109–364; 120 Stat. 2418) and section 

11 1206 of the Duncan Hunter National Defense Authorization 

12 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

13 4625), is further amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(5) TEMPORARY LIMITATION ON AMOUNT FOR

16 BUILDING CAPACITY TO PARTICIPATE IN OR SUPPORT

17 MILITARY AND STABILITY OPERATIONS.—Of the funds 

18 used to carry out a program under subsection (a), not 

19 more than $75,000,000 may be used during fiscal 

20 year 2010, and not more than $75,000,000 may be 

21 used during fiscal year 2011, for purposes described 

22 in subsection (a)(1)(B).’’. 

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall take effect on October 1, 2009, and shall 

25 apply with respect to programs under section 1206(a) of 
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1 the National Defense Authorization Act for Fiscal Year 

2 2006 that begin on or after that date. 

3 SEC. 1204. MODIFICATION OF NOTIFICATION AND REPORT4 ING REQUIREMENTS FOR USE OF AUTHORITY 

5 FOR SUPPORT OF SPECIAL OPERATIONS TO 

6 COMBAT TERRORISM. 

7 (a) NOTIFICATION.—Section 1208(c) of the Ronald W. 

8 Reagan National Defense Authorization Act for Fiscal Year 

9 2005 (Public Law 108–375; 118 Stat. 2086), as amended 

10 by section 1208(b) of the Duncan Hunter National Defense 

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

12 417; 122 Stat. 4626), is further amended to read as follows: 

13 ‘‘(c) NOTIFICATION.— 

14 ‘‘(1) SUPPORT FOR FOREIGN FORCES.—The Sec15 retary of Defense shall notify the congressional defense 

16 committees expeditiously, and in any event not later 

17 than 48 hours, after— 

18 ‘‘(A) using the authority provided in sub19 section (a) to make funds available for foreign 

20 forces in support of an approved military oper21 ation; or 

22 ‘‘(B) changing the scope or funding level of 

23 any such support. 

24 ‘‘(2) SUPPORT FOR IRREGULAR FORCES, GROUPS, 

25 OR INDIVIDUALS.—The Secretary of Defense may not 
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1 exercise the authority provided in subsection (a) to 

2 make funds available for irregular forces or a group 

3 (other than foreign forces) or individual in support of 

4 an approved military operation, or change the scope 

5 or funding level of such support, until 72 hours after 

6 notifying the congressional defense committees of the 

7 use of such authority with respect to that operation 

8 or such change in scope or funding level. 

9 ‘‘(3) CONTENT.—Notifications required under 

10 this subsection shall include the following informa11 tion: 

12 ‘‘(A) The type of support provided or to be 

13 provided to United States special operations 

14 forces. 

15 ‘‘(B) The type of support provided or to be 

16 provided to the recipient of the funds. 

17 ‘‘(C) The intended duration of the support. 

18 ‘‘(D) The amount obligated under the au19 thority to provide support.’’. 

20 (b) ANNUAL REPORT.—Section 1208(f) of the Ronald 

21 W. Reagan National Defense Authorization Act for Fiscal 

22 Year 2005 (Public Law 108–375; 118 Stat. 2086) is amend23 ed in the second sentence by striking ‘‘shall describe the sup24 port’’ and all that follows through the period at the end 

25 and inserting ‘‘shall include the following information: 
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1 ‘‘(1) A description of supported operations. 

2 ‘‘(2) A summary of operations. 

3 ‘‘(3) The type of recipients that received support, 

4 identified by authorized category (foreign forces, ir5 regular forces, groups, or individuals). 

6 ‘‘(4) The total amount obligated in the previous 

7 fiscal year, including budget details. 

8 ‘‘(5) The total amount obligated in prior fiscal 

9 years. 

10 ‘‘(6) The intended duration of support. 

11 ‘‘(7) A description of support or training pro12 vided to the recipients of support. 

13 ‘‘(8) A value assessment of the operational sup14 port provided.’’. 

15 SEC. 1205. MODIFICATION OF AUTHORITY FOR REIMBURSE16 MENT OF CERTAIN COALITION NATIONS FOR 

17 SUPPORT PROVIDED TO UNITED STATES 

18 MILITARY OPERATIONS. 

19 (a) EXPANSION OF AUTHORITY.—Section 1233 of the 

20 National Defense Authorization Act for Fiscal Year 2008 

21 (Public Law 110–181; 122 Stat. 393) is amended— 

22 (1) by redesignating subsections (b), (c), and (d) 

23 as subsections (c), (d), and (e), respectively; and 

24 (2) by striking subsection (a) and inserting the 

25 following new subsections: 
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1 ‘‘(a) REIMBURSEMENT.— 

2 ‘‘(1) IN GENERAL.—Using applicable funds re3 ferred to in paragraph (2), the Secretary of Defense 

4 may reimburse any key cooperating nation for the fol5 lowing: 

6 ‘‘(A) During fiscal year 2008, logistical and 

7 military support provided by that nation to or 

8 in connection with United States military oper9 ations in Operation Iraqi Freedom or Operation 

10 Enduring Freedom. 

11 ‘‘(B) During fiscal year 2010, logistical, 

12 military, and other support, including access, 

13 provided by that nation to or in connection with 

14 United States military operations described in 

15 subparagraph (A). 

16 ‘‘(2) COVERED FUNDS.—The funds referred to in 

17 this subsection are the following: 

18 ‘‘(A) For purposes of paragraph (1)(A), 

19 amounts authorized to be appropriated for fiscal 

20 year 2008 by section 1508 for operation and 

21 maintenance. 

22 ‘‘(B) For purposes of paragraph (1)(B), 

23 amounts authorized to be appropriated for fiscal 

24 year 2010 by section 1507(5) for operation and 

25 maintenance, Defense-wide activities. 
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1 ‘‘(b) OTHER SUPPORT.—Using funds described in sub2 section (a)(2)(B), the Secretary of Defense may also assist 

3 any key cooperating nation supporting United States mili4 tary operations in Operation Iraqi Freedom or Operation 

5 Enduring Freedom in Afghanistan through the following: 

6 ‘‘(1) The provision of specializing training to 

7 personnel of that nation in connection with such op8 erations, including training of such personnel before 

9 deployment in connection with such operations. 

10 ‘‘(2) The procurement and provision of supplies 

11 to that nation in connection with such operations. 

12 ‘‘(3) The procurement of specialized equipment 

13 and the loaning of such specialized equipment to that 

14 nation on a non-reimbursable basis in connection 

15 with such operations.’’. 

16 (b) AMOUNTS OF SUPPORT.—Paragraph (2) of sub17 section (c) of such section, as redesignated by subsection 

18 (a)(1) of this section, is amended to read as follows: 

19 ‘‘(2) SUPPORT.—Support authorized by sub20 section (b) may be provided in such amounts as the 

21 Secretary of Defense, with the concurrence of the Sec22 retary of State and in consultation with the Director 

23 of the Office of Management and Budget, considers 

24 appropriate.’’. 
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1 (c) LIMITATIONS ON AMOUNTS DURING FISCAL YEAR

2 2010.—Paragraph (1) of subsection (d) of such section, as 

3 so redesignated, is amended to read as follows: 

4 ‘‘(1) LIMITATIONS ON AMOUNTS.—(A) The total 

5 amount of reimbursements made under the authority 

6 in subsection (a) during fiscal year 2008 may not ex7 ceed $1,200,000,000. 

8 ‘‘(B) The aggregate amount of reimbursements 

9 made under subsection (a) and support provided 

10 under subsection (b) during fiscal year 2010 may not 

11 exceed $1,600,000,000.’’. 

12 (d) NOTICE TO CONGRESS.—Subsection (e) of such sec13 tion, as so redesignated, is amended by striking ‘‘shall— 

14 ’’ and all that follows and inserting ‘‘shall notify the con15 gressional defense committees not later than 15 days before 

16 making any reimbursement under the authority in sub17 section (a) or providing any support under the authority 

18 in subsection (b).’’. 

19 (e) REPORTS.—Such section is further amended by 

20 adding at the end the following new subsection: 

21 ‘‘(f) REPORTS.—The Secretary of Defense shall submit 

22 to the congressional defense committees on a quarterly basis 

23 a report on any reimbursements made under the authority 

24 in subsection (a), and any support provided under the au25 thority in subsection (b), during such quarter.’’. 
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1 (f) EXTENSION OF NOTICE ON REIMBURSEMENT OF

2 PAKISTAN FOR SUPPORT PROVIDED BY PAKISTAN.—Sec3 tion 1232(b)(6) of the National Defense Authorization Act 

4 for Fiscal Year 2008 (122 Stat. 393), as amended by section 

5 1217 of the Duncan Hunter National Defense Authorization 

6 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

7 4634), is further amended by striking ‘‘September 30, 2010’’ 

8 and inserting ‘‘September 30, 2011’’. 

9 SEC. 1206. ONE-YEAR EXTENSION AND EXPANSION OF COM10 MANDERS’ EMERGENCY RESPONSE PROGRAM. 

11 (a) SENSE OF CONGRESS.—It is the sense of Congress 

12 that— 

13 (1) the Commanders’ Emergency Response Pro14 gram provides United States military commanders in 

15 theater a valuable tool for accomplishing the counter16 insurgency mission in Iraq and Afghanistan by ena17 bling military commanders to fund urgent humani18 tarian relief and reconstruction requirements by car19 rying out programs that will immediately assist the 

20 people of those countries; and 

21 (2) United States military commanders utilizing 

22 Commanders’ Emergency Response Program funds in 

23 Afghanistan, and Provincial Reconstruction Teams in 

24 Afghanistan using such funds or other United States 

25 humanitarian or reconstruction assistance, should 
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1 whenever possible coordinate the funding of projects 

2 with local councils, particularly Community Develop3 ment Councils established under the Afghanistan Na4 tional Solidarity Program, and take actions that pro5 mote the importance and effectiveness of local and na6 tional government entities. 

7 (b) ONE-YEAR EXTENSION OF AUTHORITY.— 

8 (1) AUTHORITY FOR FISCAL YEAR 2010.—Sub9 section (a) of section 1202 of the National Defense 

10 Authorization Act for Fiscal Year 2006 (Public Law 

11 109–163; 119 Stat. 3455), as amended by section 

12 1205 of the National Defense Authorization Act for 

13 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

14 366) and section 1214 of the Duncan Hunter Na15 tional Defense Authorization Act for Fiscal Year 2009 

16 (Public Law 110–417; 122 Stat. 4630), is further 

17 amended— 

18 (A) in the subsection heading, by striking 

19 ‘‘FISCAL YEARS 2008 AND 2009’’ and inserting 

20 ‘‘FISCAL YEAR 2010’’; 

21 (B) by striking ‘‘each of fiscal years 2008 

22 and 2009’’ and inserting ‘‘fiscal year 2010’’; 

23 (C) by striking ‘‘for such fiscal year’’; and 
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1 (D) by striking ‘‘$1,700,000,000 in fiscal 

2 year 2008 and $1,500,000,000 in fiscal year 

3 2009’’ and inserting ‘‘$1,400,000,000’’. 

4 (2) EFFECTIVE DATE.—The amendments made 

5 by paragraph (1) shall take effect on October 1, 2009. 

6 (c) EXTENSION OF DUE DATE FOR QUARTERLY RE7 PORTS.—Subsection (b)(1) of such section is amended— 

8 (1) by striking ‘‘15 days’’ and inserting ‘‘30 

9 days’’; and 

10 (2) by striking ‘‘fiscal years 2008 and 2009’’ and 

11 inserting ‘‘any fiscal year during which the authority 

12 under subsection (a) is in effect’’. 

13 (d) AUTHORITY TO TRANSFER FUNDS FOR SUPPORT

14 OF AFGHANISTAN NATIONAL SOLIDARITY PROGRAM.—Such 

15 section is further amended— 

16 (1) by redesignating subsection (g) as subsection 

17 (h); and 

18 (2) by inserting after subsection (f) the following 

19 new subsection (g): 

20 ‘‘(g) AUTHORITY TO TRANSFER FUNDS FOR SUPPORT

21 OF AFGHANISTAN NATIONAL SOLIDARITY PROGRAM.— 

22 ‘‘(1) AUTHORITY.—If the Secretary of Defense 

23 determines that the use of Commanders’ Emergency 

24 Response Program funds to support the Afghanistan 

25 National Solidarity Program would enhance counter-
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1 insurgency operations or stability operations in Af2 ghanistan, the Secretary of Defense may transfer 

3 funds, from amounts available for the Commanders’ 

4 Emergency Response Program for fiscal year 2010, to 

5 the Secretary of State for purposes of supporting the 

6 Afghanistan National Solidarity Program. 

7 ‘‘(2) LIMITATION.—The amount of funds 

8 transferrable under paragraph (1) may not exceed 

9 $100,000,000. 

10 ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not later 

11 than 15 days before transferring funds under para12 graph (1), the Secretary of Defense shall submit to the 

13 congressional defense committees a report setting forth 

14 the Secretary’s determination pursuant to paragraph 

15 (1) and a description of the amount of funds to be 

16 transferred under that paragraph.’’. 

17 (e) TECHNICAL AMENDMENTS.—Subsections (e)(1) and 

18 (f)(1) of such section are amended by striking ‘‘the date of 

19 the enactment of the Duncan Hunter National Defense Au20 thorization Act for Fiscal Year 2009’’ and inserting ‘‘Octo21 ber 14, 2008,’’. 

22 SEC. 1207. ONE-YEAR EXTENSION OF AUTHORITY FOR SECU23 RITY AND STABILIZATION ASSISTANCE. 

24 Section 1207(g) of the National Defense Authorization 

25 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 
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1 3458), as amended by section 1210 of the National Defense 

2 Authorization Act for Fiscal Year 2008 (Public Law 110– 

3 181; 122 Stat. 369) and section 1207 of the Duncan Hunter 

4 National Defense Authorization Act for Fiscal Year 2009 

5 (Public Law 110–417; 122 Stat. 4625), is further amended 

6 by striking ‘‘September 30, 2009’’ and inserting ‘‘September 

7 30, 2010’’. 

8 SEC. 1208. AUTHORITY FOR NON-RECIPROCAL EXCHANGES 

9 OF DEFENSE PERSONNEL BETWEEN THE 

10 UNITED STATES AND FOREIGN COUNTRIES. 

11 (a) AUTHORITY TO ENTER INTO NON-RECIPROCAL

12 INTERNATIONAL EXCHANGE AGREEMENTS.— 

13 (1) IN GENERAL.—The Secretary of Defense may 

14 enter into non-reciprocal international defense per15 sonnel exchange agreements. 

16 (2) INTERNATIONAL DEFENSE PERSONNEL EX17 CHANGE AGREEMENTS DEFINED.—For purposes of 

18 this section, an international defense personnel ex19 change agreement is an agreement with the govern20 ment of an ally of the United States or another 

21 friendly foreign country for the exchange of military 

22 and civilian personnel of the defense ministry of that 

23 foreign government. 

24 (b) ASSIGNMENT OF PERSONNEL.— 
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1 (1) IN GENERAL.—Pursuant to a non-reciprocal 

2 international defense personnel exchange agreement, 

3 personnel of the defense ministry of a foreign govern4 ment may be assigned to positions in the Department 

5 of Defense. 

6 (2) MUTUAL AGREEMENT REQUIRED.—An indi7 vidual may not be assigned to a position pursuant to 

8 a non-reciprocal international defense personnel ex9 change agreement unless the assignment is acceptable 

10 to both governments. 

11 (c) PAYMENT OF PERSONNEL COSTS.— 

12 (1) IN GENERAL.—The foreign government with 

13 which the United States has entered into a non-recip14 rocal international defense personnel exchange agree15 ment shall pay the salary, per diem, cost of living, 

16 travel costs, cost of language or other training, and 

17 other costs for its personnel in accordance with the 

18 applicable laws and regulations of such government. 

19 (2) EXCLUDED COSTS.—Paragraph (1) does not 

20 apply to the following costs: 

21 (A) The cost of training programs con22 ducted to familiarize, orient, or certify exchanged 

23 personnel regarding unique aspects of the assign24 ments of the exchanged personnel. 
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1 (B) Costs incident to the use of facilities of 

2 the United States Government in the perform3 ance of assigned duties. 

4 (d) PROHIBITED CONDITIONS.—No personnel ex5 changed pursuant to a non-reciprocal agreement under this 

6 section may take or be required to take an oath of allegiance 

7 or to hold an official capacity in the government. 

8 (e) DURATION OF AUTHORITY.—The authority under 

9 this section shall expire on December 31, 2011. 

10 SEC. 1209. DEFENSE COOPERATION BETWEEN THE UNITED 

11 STATES AND IRAQ. 

12 (a) FINDINGS.—The Senate makes the following find13 ings: 

14 (1) As United States forces continue their rede15 ployment from Iraq, the quality of the Iraqi Security 

16 Forces and the nature of their training and equip17 ment will play an increasingly important role. 

18 (2) Despite the decrease in violence in Iraq, Iraq 

19 continues to face formidable threats to its national se20 curity. 

21 (3) There are many benefits to the United States 

22 and Iraq resulting from the strategic relationship that 

23 exists between the two nations. 

24 (4) Enhancing the capabilities of the Iraqi Secu25 rity Forces and strengthening the defense cooperation 
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1 between the United States and Iraq will help ensure 

2 that Iraq has the military strength and political sup3 port necessary to enhance its internal and regional 

4 security. 

5 (b) AVAILABILITY OF PROFESSIONAL MILITARY EDU6 CATION FOR IRAQ SECURITY FORCES.—The Secretary of 

7 Defense shall endeavor to increase the number of positions 

8 in professional military education courses, including 

9 courses at command and general staff colleges, war colleges, 

10 and the service academies, that are made available annu11 ally to personnel of the security forces of the Government 

12 of Iraq. 

13 SEC. 1210. REPORT ON ALTERNATIVES TO USE OF ACQUISI14 TION AND CROSS-SERVICING AGREEMENTS 

15 TO LEND MILITARY EQUIPMENT FOR PER16 SONNEL PROTECTION AND SURVIVABILITY. 

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

18 the date of the enactment of this Act, the Secretary of De19 fense shall submit to the congressional defense committees 

20 a report setting forth and assessing various alternatives to 

21 the use of acquisition and cross-servicing agreements pursu22 ant to the temporary authority in section 1202 of the John 

23 Warner National Defense Authorization Act for Fiscal Year 

24 2007 (Public Law 109–364; 120 Stat. 2412), as amended 

25 by section 1252 of the National Defense Authorization Act 
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1 for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 402), 

2 for purposes of lending covered military equipment to mili3 tary forces of nations as follows: 

4 (1) A nation participating in combined oper5 ations with the United States in Iraq and Afghani6 stan. 

7 (2) A nation participating in combined oper8 ations with the United States as part of a peace9 keeping operation under the Charter of the United 

10 Nations or another international agreement. 

11 (b) COVERED MILITARY EQUIPMENT DEFINED.—In 

12 this section, the term ‘‘covered military equipment’’ has the 

13 meaning given that term in section 1202(d)(1) of the John 

14 Warner National Defense Authorization Act for Fiscal Year 

15 2007. 

16 SEC. 1211. ENSURING IRAQI SECURITY THROUGH DEFENSE 

17 COOPERATION BETWEEN THE UNITED 

18 STATES AND IRAQ. 

19 The President may treat an undertaking by the Gov20 ernment of Iraq that is made between the date of the enact21 ment of this Act and December 31, 2011, as a dependable 

22 undertaking described in section 22(a) of the Arms Export 

23 Control Act (22 U.S.C. 2762(a)) for purposes of entering 

24 into contracts for the procurement of defense articles and 

25 defense services as provided for in that section. 
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1 SEC. 1212. AVAILABILITY OF APPROPRIATED FUNDS FOR 

2 THE STATE PARTNERSHIP PROGRAM. 

3 (a) AVAILABILITY OF APPROPRIATED FUNDS.—The 

4 Secretary of Defense may, under regulations prescribed by 

5 the Secretary, use funds appropriated to the Department 

6 of Defense for fiscal year 2010 to pay the costs incurred 

7 by the National Guard (including the costs of pay and al8 lowances of members of the National Guard) in conducting 

9 activities under the State Partnership Program— 

10 (1) to support the objectives of the commander of 

11 the combatant command for the theater of operations 

12 in which such activities are conducted; or 

13 (2) to build international civil-military partner14 ships and capacity on matters relating to defense and 

15 security. 

16 (b) LIMITATIONS.— 

17 (1) APPROVAL BY COMMANDER OF COMBATANT

18 COMMAND AND CHIEF OF MISSION.—Funds shall not 

19 be available under subsection (a) for activities con20 ducted under the State Partnership Program in a for21 eign country unless such activities are jointly ap22 proved by the commander of the combatant command 

23 concerned and the chief of mission concerned. 

24 (2) PARTICIPATION BY MEMBERS.—Funds shall 

25 not be available under subsection (a) for the partici26 pation of a member of the National Guard in activi-
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1 ties conducted under the State Partnership Program 

2 in a foreign country unless the member is on active 

3 duty in the Armed Forces at the time of such partici4 pation. 

5 (c) REIMBURSEMENT.—In the event of the participa6 tion of personnel of a department or agency of the United 

7 States Government (other than the Department of Defense) 

8 in activities for which payment is made under subsection 

9 (a), the head of such department or agency shall reimburse 

10 the Secretary of Defense for the costs associated with the 

11 participation of such personnel in such activities. Amounts 

12 reimbursed the Department of Defense under this subsection 

13 shall be deposited in the appropriation or account from 

14 which amounts for the payment concerned were derived. 

15 Any amounts so deposited shall be merged with amounts 

16 in such appropriation or account, and shall be available 

17 for the same purposes, and subject to the same conditions 

18 and limitations, as amounts in such appropriation or ac19 count. 

20 SEC. 1213. AUTHORITY TO TRANSFER DEFENSE ARTICLES 

21 AND PROVIDE DEFENSE SERVICES TO THE 

22 MILITARY AND SECURITY FORCES OF IRAQ 

23 AND AFGHANISTAN. 

24 (a) AUTHORITY.—The President is authorized to 

25 transfer defense articles from the stocks of the Department 
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1 of Defense, and to provide defense services in connection 

2 with the transfer of such defense articles, to— 

3 (1) the military and security forces of Iraq to 

4 support the efforts of those forces to restore and main5 tain peace and security in that country; and 

6 (2) the military and security forces of Afghani7 stan to support the efforts of those forces to restore 

8 and maintain peace and security in that country. 

9 (b) LIMITATIONS.— 

10 (1) VALUE.—The aggregate replacement value of 

11 all defense articles transferred and defense services 

12 provided under subsection (a) may not exceed 

13 $500,000,000. 

14 (2) SOURCE OF TRANSFERRED DEFENSE ARTI15 CLES.—The authority under subsection (a) may only 

16 be used for defense articles that— 

17 (A) immediately before the transfer were in 

18 use to support operations in Iraq; 

19 (B) were present in Iraq as of the date of 

20 enactment of this Act; and 

21 (C) are no longer required by United States 

22 forces in Iraq. 

23 (c) APPLICABLE LAW.—Any defense articles trans24 ferred or defense services provided to Iraq or Afghanistan 

25 under the authority of subsection (a) shall be subject to the 
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1 authorities and limitations applicable to excess defense arti2 cles under section 516 of the Foreign Assistance Act of 1961 

3 (22 U.S.C. 2321j), other than the authorities and limita4 tions contained in subsections (b)(1)(B), (e), (f), and (g) 

5 of such section. 

6 (d) REPORT.— 

7 (1) IN GENERAL.—The President may not exer8 cise the authority under subsection (a) until 30 days 

9 after the Secretary of Defense, with the concurrence of 

10 the Secretary of State, provides the appropriate con11 gressional committees a report on the plan for the dis12 position of equipment and other property of the De13 partment of Defense in Iraq. 

14 (2) ELEMENTS OF REPORT.—The report required 

15 under paragraph (1) shall include the following ele16 ments: 

17 (A) An assessment of— 

18 (i) the types and quantities of defense 

19 articles required by the military and secu20 rity forces of Iraq to support the efforts of 

21 those military and security forces to restore 

22 and maintain peace and security in Iraq; 

23 and 

24 (ii) the types and quantities of defense 

25 articles required by the military and secu-
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1 rity forces of Afghanistan to support the ef2 forts of those military and security forces to 

3 restore and maintain peace and security in 

4 Afghanistan. 

5 (B) A description of the authorities avail6 able for addressing the requirements identified in 

7 subparagraph (A). 

8 (C) A description of the process for 

9 inventorying equipment and property, including 

10 defense articles, in Iraq owned by the Depart11 ment of Defense, including equipment and prop12 erty owned by the Department of Defense and 

13 under the control of contractors in Iraq. 

14 (D) A description of the types of defense ar15 ticles that the Department of Defense intends to 

16 transfer to the military and security forces of 

17 Iraq and an estimate of the quantity of such de18 fense articles to be transferred. 

19 (E) A description of the process by which 

20 potential requirements for defense articles to be 

21 transferred under the authority provided in sub22 section (a), other than the requirements of the se23 curity forces of Iraq or Afghanistan, are identi24 fied and the mechanism for resolving any poten-
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1 tial conflicting requirements for such defense ar2 ticles. 

3 (F) A description of the plan, if any, for re4 imbursing military departments from which 

5 non-excess defense articles are transferred under 

6 the authority provided in subsection (a). 

7 (G) An assessment of the efforts by the Gov8 ernment of Iraq to identify the requirements of 

9 the military and security forces of Iraq for de10 fense articles to support the efforts of those forces 

11 to restore and maintain peace and security in 

12 that country. 

13 (H) An assessment of the ability of the Gov14 ernments of Iraq and Afghanistan to absorb the 

15 costs associated with possessing and using the de16 fense articles to be transferred. 

17 (I) A description of the steps taken by the 

18 Government of Iraq to procure or acquire defense 

19 articles to meet the requirements of the military 

20 and security forces of Iraq, including through 

21 military sales from the United States. 

22 (e) NOTIFICATION.— 

23 (1) IN GENERAL.—The President may not trans24 fer defense articles or provide defense services under 

25 subsection (a) until 15 days after the date on which 
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1 the President has provided notice of the proposed 

2 transfer of defense articles or provision of defense 

3 services to the appropriate congressional committees. 

4 (2) CONTENTS.—Such notification shall in5 clude— 

6 (A) a description of the amount and type of 

7 each defense article to be transferred or defense 

8 services to be provided; 

9 (B) a statement describing the current value 

10 of such article and the estimated replacement 

11 value of such article; 

12 (C) an identification of the military depart13 ment from which the defense articles being trans14 ferred are drawn; 

15 (D) an identification of the element of the 

16 military or security force that is the proposed re17 cipient of each defense article to be transferred or 

18 defense service to be provided; 

19 (E) an assessment of the impact of the 

20 transfer on the national technology and indus21 trial base and, particularly, the impact on op22 portunities of entities in the national technology 

23 and industrial base to sell new or used equip24 ment to the countries to which such articles are 

25 to be transferred; and 
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1 (F) a certification by the President that— 

2 (i) the Secretary of Defense has deter3 mined that— 

4 (I) the defense articles to be trans5 ferred are no longer required by United 

6 States forces in Iraq; 

7 (II) the proposed transfer of such 

8 defense articles will not adversely im9 pact the military preparedness of the 

10 United States; 

11 (III) immediately before the 

12 transfer, the defense articles to be 

13 transferred were being used to support 

14 operations in Iraq; 

15 (IV) the defense articles to be 

16 transferred were present in Iraq as of 

17 the date of enactment of this Act; and 

18 (V) the defense articles to be 

19 transferred are required by the mili20 tary and security forces of Iraq or the 

21 military and security forces of Afghan22 istan, as applicable, to build their ca23 pacity to restore and maintain peace 

24 and security in their country; 
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1 (ii) the government of the recipient 

2 country has agreed to accept and take pos3 session of the defense articles to be trans4 ferred and to receive the defense services in 

5 connection with that transfer; and 

6 (iii) the proposed transfer of such de7 fense articles and the provision of defense 

8 services in connection with such transfer is 

9 in the national interest of the United 

10 States. 

11 (f) QUARTERLY REPORT.—Not later than 90 days 

12 after the date of the report provided under subsection (d), 

13 and every 90 days thereafter during fiscal year 2010, the 

14 Secretary of Defense shall report to the appropriate congres15 sional committees on the implementation of the authority 

16 under subsection (a). The report shall include the replace17 ment value of defense articles transferred pursuant to sub18 section (a), both in the aggregate and by military depart19 ment, and services provided to Iraq and Afghanistan dur20 ing the previous 90 days. 

21 (g) DEFINITIONS.—In this section: 

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional commit24 tees’’ means— 
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1 (A) the Committee on Appropriations, the 

2 Committee on Armed Services, and the Com3 mittee on Foreign Affairs of the House of Rep4 resentatives; and 

5 (B) the Committee on Appropriations, the 

6 Committee on Armed Services, and the Com7 mittee on Foreign Relations of the Senate. 

8 (2) DEFENSE ARTICLES.—The term ‘‘defense ar9 ticles’’ has the meaning given the term in section 

10 644(d) of the Foreign Assistance Act of 1961 (22 

11 U.S.C. 2403(d)). 

12 (3) DEFENSE SERVICES.—The term ‘‘defense 

13 services’’ has the meaning given the term in section 

14 644(f) of such Act (22 U.S.C. 2403(f)). 

15 (4) MILITARY AND SECURITY FORCES.—The term 

16 ‘‘military and security forces’’ means national ar17 mies, national air forces, national navies, national 

18 guard forces, police forces and border security forces, 

19 but does not include non-governmental or irregular 

20 forces (such as private militias). 

21 (h) EXPIRATION.—The authority provided under sub22 section (a) may not be exercised after September 30, 2010. 

23 (i) EXCESS DEFENSE ARTICLES.— 

24 (1) ADDITIONAL AUTHORITY.—The authority 

25 provided by subsection (a) is in addition to the au-
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1 thority provided by Section 516 of the Foreign Assist2 ance Act of 1961. 

3 (2) AGGREGATE VALUE.—The value of excess de4 fense articles transferred to Iraq during fiscal year 

5 2010 pursuant to Section 516 of the Foreign Assist6 ance Act of 1961 shall not be counted against the lim7 itation on the aggregate value of excess defense arti8 cles transferred contained in subsection (g) of such 

9 Act. 

10 SEC. 1214. CERTIFICATION REQUIREMENT FOR COALITION 

11 SUPPORT FUND REIMBURSEMENTS. 

12 Section 1232(b) of the National Defense Authorization 

13 Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 

14 392), as amended by section 1217 of the Duncan Hunter 

15 National Defense Authorization Act for Fiscal Year 2009 

16 (Public Law 110–417; 122 Stat. 4634), is amended— 

17 (1) in paragraph (1)(A), by striking ‘‘the Sec18 retary of Defense shall submit’’ and inserting ‘‘the 

19 Secretary of Defense, after consultation with the Sec20 retary of State, shall submit’’; and 

21 (2) in paragraph (2)— 

22 (A) by redesignating subparagraphs (A), 

23 (B), and (C) as clauses (i), (ii), and (iii), respec24 tively, and indenting each clause, as so redesig25 nated, 6 ems from the left margin; 
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1 (B) by striking ‘‘shall include an itemized 

2 description’’ and inserting the following: ‘‘shall 

3 include the following: 

4 ‘‘(A) An itemized description’’; and 

5 (C) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(B) A certification that the reimburse8 ment— 

9 ‘‘(i) is consistent with the national se10 curity interests of the United States; and 

11 ‘‘(ii) will not adversely impact the bal12 ance of power in the region.’’. 

13 Subtitle B—Reports 

14 SEC. 1221. REPORT ON UNITED STATES ENGAGEMENT WITH 

15 IRAN. 

16 (a) IN GENERAL.—Not later than January 31, 2010, 

17 the President shall submit to Congress a report on United 

18 States engagement with Iran. 

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

20 shall include the following: 

21 (1) DIPLOMATIC ENGAGEMENT.—With respect to 

22 diplomatic engagement, the following: 

23 (A) A description of areas of mutual inter24 est to the Government of the United States and 

25 the Government of the Islamic Republic of Iraq 
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1 in which cooperation and discussion could be of 

2 mutual interest. 

3 (B) A discussion and assessment of the com4 mitment of the Government of the Islamic Re5 public of Iran to engage in good-faith discussions 

6 with the United States to resolve matters of con7 cern through negotiation. 

8 (2) SUPPORT FOR TERRORISM AND EXTRE9 MISM.—With respect to support for terrorism and ex10 tremism, an assessment of the extent to which the 

11 Government of the Islamic Republic of Iran has sup12 ported or provided weapons, training, funding, or 

13 any other type of support or assistance for any des14 ignated Foreign Terrorist Organization as well as re15 gional militant groups, and specific assessments of the 

16 support provided by the Government of the Islamic 

17 Republic of Iran, or agencies under that government, 

18 for insurgents or other militant groups in Iraq and 

19 Afghanistan. 

20 (3) NUCLEAR ACTIVITIES.—With respect to nu21 clear activities, an assessment of the extent to which 

22 the Government of the Islamic Republic of Iran has— 

23 (A) complied with United Nations Security 

24 Council Resolutions 1696 (2006), 1737 (2006), 

25 1747 (2007), 1803 (2008), and 1835 (2008), and 
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1 with any other applicable Resolutions adopted 

2 by the United Nations Security Council as of the 

3 date of the report; 

4 (B) cooperated with the International 

5 Atomic Energy Agency (IAEA), including ful6 filling all requests of that Agency for access to 

7 information, documentation, locations, and indi8 viduals; 

9 (C) ratified and implemented the Addi10 tional Protocol to Iran’s Safeguards Agreement 

11 with the International Atomic Energy Agency, 

12 as requested by the Board of Governors of the 

13 International Atomic Energy Agency and the 

14 United Nations Security Council; and 

15 (D) committed to stop uranium enrichment 

16 activities and forego the reprocessing of spent 

17 fuel, the production of heavy water, and the 

18 weaponization of fissile materials on a perma19 nent basis. 

20 (4) MISSILE ACTIVITIES.—With respect to mis21 sile activities, an assessment of the extent to which the 

22 Government of the Islamic Republic of Iran has con23 tinued development of its ballistic missile program, 

24 including participation in any imports or exports of 

25 any items, materials, goods, and technologies related 
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1 to that program and has complied with United Na2 tions Security Council Resolutions 1696, 1737, 1747, 

3 1803, and 1835, as required by the United Nations 

4 Security Council. 

5 (5) SUPPORT TO ILLEGAL NARCOTICS NETWORK

6 IN AFGHANISTAN.—With respect to support to the ille7 gal narcotics network in Afghanistan, an assessment 

8 of the extent to which the Government of the Islamic 

9 Republic of Iran, or agencies under that government, 

10 has or have supported or facilitated the illegal nar11 cotics trade in Afghanistan. 

12 (6) SANCTIONS AGAINST IRAN.—With regard to 

13 sanctions against Iran— 

14 (A) a list of all current United States bilat15 eral and multilateral sanctions against Iran; 

16 (B) a description and discussion of United 

17 States diplomatic efforts to enforce bilateral and 

18 multilateral sanctions against Iran and to 

19 strengthen international efforts to enforce such 

20 sanctions; 

21 (C) an assessment of the impact and effec22 tiveness of existing bilateral and multilateral 

23 sanctions against Iran in achieving United 

24 States goals; 
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1 (D) a list of all United States and foreign 

2 registered entities which the Secretary of State 

3 has determined to be in violation of existing 

4 United States bilateral or multilateral sanctions 

5 against Iran; 

6 (E) a detailed description of United States 

7 efforts to enforce sanctions against Iran, includ8 ing— 

9 (i) a list of all investigations initiated 

10 in the 18-month period ending on the date 

11 of the enactment of this Act that have re12 sulted in a determination that a violation 

13 of sanctions against Iran has occurred; and 

14 (ii) a description of the actions taken 

15 by the United States Government pursuant 

16 to each such determination; and 

17 (F) a description of bilateral and multilat18 eral sanctions against Iran that are under con19 sideration, an assessment whether such addi20 tional sanctions against Iran would be effective, 

21 and, if so, a description of the actions being un22 dertaken to pursue such additional sanctions. 

23 (c) SUBMITTAL IN CLASSIFIED FORM.—The report re24 quired by subsection (a), or any part of such report, may 
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1 be submitted in classified form if the President considers 

2 it appropriate. 

3 SEC. 1222. REPORT ON CUBA AND CUBA’S RELATIONS WITH 

4 OTHER COUNTRIES. 

5 Not later than 180 days after the date of the enactment 

6 of this Act, the Director of National Intelligence shall pro7 vide to the defense and intelligence committees of the Con8 gress a report addressing the following: 

9 (1) The cooperative agreements and relationships 

10 that Cuba has with Iran, North Korea, and other 

11 states suspected of nuclear proliferation. 

12 (2) A detailed account of the economic support 

13 provided by Venezuela to Cuba and the intelligence 

14 and other support that Cuba provides to the govern15 ment of Hugo Chavez. 

16 (3) A review of the evidence of relationships be17 tween the Cuban government or any of its components 

18 with drug cartels or involvement in other drug traf19 ficking activities. 

20 (4) The status and extent of Cuba’s clandestine 

21 activities in the United States. 

22 (5) The extent and activities of Cuban support 

23 for governments in Venezuela, Bolivia, Ecuador, Cen24 tral America, and the Caribbean. 
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1 (6) The status and extent of Cuba’s research and 

2 development program for biological weapons produc3 tion. 

4 (7) The status and extent of Cuba’s cyberwarfare 

5 program. 

6 SEC. 1223. REPORT ON VENEZUELA. 

7 Not later than 180 days after the date of the enactment 

8 of this Act, the Director of National Intelligence shall pro9 vide to the defense and intelligence committees of the Con10 gress a report addressing the following: 

11 (1) An inventory of all weapons purchases by, 

12 and transfers to, the government of Venezuela and 

13 Venezuela’s transfers to other countries since 1998, 

14 particularly purchases and transfers of missiles, 

15 ships, submarines, and any other advanced systems. 

16 The report shall include an assessment of whether 

17 there is accountability of the purchases and transfers 

18 with respect to the end-use and diversion of such ma19 teriel to popular militias, other governments, or irreg20 ular armed forces. 

21 (2) The mining and shipping of Venezuelan ura22 nium to Iran, North Korea, and other states suspected 

23 of nuclear proliferation. 

24 (3) The extent to which Hugo Chavez and other 

25 Venezuelan officials and supporters of the Venezuelan 
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1 government provide political counsel, collaboration, 

2 financial ties, refuge, and other forms of support, in3 cluding military materiel, to the Revolutionary 

4 Armed Forces of Colombia (FARC). 

5 (4) The extent to which Hugo Chavez and other 

6 Venezuelan officials provide funding, logistical and 

7 political support to the Islamist terrorist organization 

8 Hezbollah. 

9 (5) Deployment of Venezuelan security or intel10 ligence personnel to Bolivia, including any role such 

11 personnel have in suppressing opponents of the gov12 ernment of Bolivia. 

13 (6) Venezuela’s clandestine material support for 

14 political movements and individuals throughout the 

15 Western Hemisphere with the objective of influencing 

16 the internal affairs of nations in the Western Hemi17 sphere. 

18 (7) Efforts by Hugo Chavez and other officials or 

19 supporters of the Venezuelan government to convert or 

20 launder funds that are the property of Venezuelan 

21 government agencies, instrumentalities, parastatals, 

22 including Petroleos de Venezuela, SA (PDVSA). 

23 (8) Covert payments by Hugo Chavez or officials 

24 or supporters of the Venezuelan government to foreign 

25 political candidates, government officials, or officials 
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1 of international organizations for the purpose of in2 fluencing the performance of their official duties. 

3 SEC. 1224. REPORT ON MILITARY POWER OF IRAN. 

4 (a) BIENNIAL REPORT.—Not later than March 31, 

5 2010, and in each even-numbered year thereafter until 

6 2020, the Secretary of Defense shall submit to Congress a 

7 report, in both classified and unclassified form, on the cur8 rent and future military strategy of the Islamic Republic 

9 of Iran. The report shall address the current and probable 

10 future course of military developments on the Army, Air 

11 Force, Navy, and Revolutionary Guard Corps of the Islamic 

12 Republic of Iran. 

13 (b) MATTERS TO BE INCLUDED.—The report required 

14 under subsection (a) shall include the following elements: 

15 (1) As assessment of the grand strategy, security 

16 strategy, and military strategy of the Government of 

17 the Islamic Republic of Iran, including the following: 

18 (A) The goals of the grand strategy, security 

19 strategy, and military strategy. 

20 (B) Aspects of the strategies that would be 

21 designed to establish Iran as the leading power 

22 in the Middle East and to enhance the influence 

23 of Iran in other regions of the world. 

24 (C) The security situation in the Persian 

25 Gulf and the Levant. 
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1 (D) Iranian strategy regarding other coun2 tries in the Middle East region. 

3 (2) An assessment of the capabilities of the con4 ventional forces of the Government of the Islamic Re5 public of Iran, including the following: 

6 (A) The size, location, and capabilities of 

7 the conventional forces. 

8 (B) A detailed analysis of the conventional 

9 forces of the Government of the Islamic Republic 

10 of Iran facing United States forces in the region 

11 and other countries in the Middle East region. 

12 (C) An estimate of the funding provided for 

13 each branch of the conventional forces of the Gov14 ernment of the Islamic Republic of Iran. 

15 (3) An assessment of the unconventional forces of 

16 the Government of the Islamic Republic of Iran, in17 cluding the following: 

18 (A) The size and capability of special oper19 ations units, including the Iranian Revolu20 tionary Guard Corps-Quds Force. 

21 (B) The types and amount of support pro22 vided to groups designated by the United States 

23 as terrorist organizations in particular those 

24 forces that have been assessed as willing to carry 
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1 out terrorist operations on behalf of the Islamic 

2 Republic of Iran. 

3 (C) A detailed analysis of the unconven4 tional forces of the Government of the Islamic 

5 Republic of Iran and their implications for the 

6 United States and other countries in the Middle 

7 East region. 

8 (D) An estimate of the amount of funds 

9 spent by the Government of the Islamic Republic 

10 of Iran to develop and support special operations 

11 forces and terrorist groups. 

12 (c) DEFINITIONS.—In this section: 

13 (1) CONVENTIONAL FORCES OF THE GOVERN14 MENT OF IRAN.—The term ‘‘conventional forces of the 

15 Government of the Islamic Republic of Iran’’— 

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. 
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1 (2) MIDDLE EAST REGION.—The term ‘‘Middle 

2 East region’’ means— 

3 (A) the countries within the area of respon4 sibility of United States Central Command; and 

5 (B) the countries within the area covered by 

6 the Bureau of Near Eastern Affairs of the De7 partment of State. 

8 (3) UNCONVENTIONAL FORCES OF THE GOVERN9 MENT OF IRAN.—The term ‘‘unconventional forces of 

10 the Government of the Islamic Republic of Iran’’— 

11 (A) means forces of the Islamic Republic of 

12 Iran that carry out missions typically associated 

13 with special operations forces; and 

14 (B) includes— 

15 (i) the Iranian Revolutionary Guard 

16 Corps-Quds Force; and 

17 (ii) any organization that— 

18 (I) has been designated a terrorist 

19 organization by the United States; 

20 (II) receives assistance from the 

21 Government of Iran; and 

22 (III)(aa) is assessed as being will23 ing in some or all cases of carrying out 

24 attacks on behalf of the Government of 

25 the Islamic Republic of Iran; or 
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1 (bb) is assessed as likely to carry 

2 out attacks in response to a military 

3 attack by another country on the Is4 lamic Republic of Iran. 

5 SEC. 1225. ANNUAL COUNTERTERRORISM STATUS RE6 PORTS. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Success in Countering Al Qaeda Reporting Requirements 

9 Act of 2009’’. 

10 (b) ANNUAL COUNTERTERRORISM STATUS RE11 PORTS.— 

12 (1) IN GENERAL.—Not later than July 31, 2010, 

13 and every July 31 thereafter, the President shall sub14 mit a report, to the Committee on Foreign Relations 

15 of the Senate, the Committee on Foreign Affairs of the 

16 House of Representatives, the Committee on Armed 

17 Services of the Senate, the Committee on Armed Serv18 ices of the House of Representatives, the Committee on 

19 Appropriations of the Senate, the Committee on Ap20 propriations of the House of Representatives, the Se21 lect Committee on Intelligence of the Senate, and the 

22 Permanent Select Committee on Intelligence of the 

23 House of Representatives, which contains, for the most 

24 recent 12-month period, a review of the counterter-
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1 rorism strategy of the United States Government, in2 cluding— 

3 (A) a detailed assessment of the scope, sta4 tus, and progress of United States counterter5 rorism efforts in fighting Al Qaeda and its re6 lated affiliates and undermining long-term sup7 port for violent extremism; 

8 (B) a judgment on the geographical region 

9 in which Al Qaeda and its related affiliates pose 

10 the greatest threat to the national security of the 

11 United States; 

12 (C) a judgment on the adequacy of inter13 agency integration of the counterterrorism pro14 grams and activities of the Department of De15 fense, the United States Special Operations Com16 mand, the Central Intelligence Agency, the De17 partment of State, the Department of the Treas18 ury, the Department of Homeland Security, the 

19 Department of Justice, and other Federal depart20 ments and agencies; 

21 (D) an evaluation of the extent to which the 

22 counterterrorism efforts of the United States cor23 respond to the plans developed by the National 

24 Counterterrorism Center and the goals estab-
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1 lished in overarching public statements of strat2 egy issued by the executive branch; 

3 (E) a determination of whether the Na4 tional Counterterrorism Center exercises the au5 thority and has the resources and expertise re6 quired to fulfill the interagency strategic and 

7 operational planning role described in section 

8 119(j) of the National Security Act of 1947 (50 

9 U.S.C. 404o), as added by section 1012 of the 

10 National Security Intelligence Reform Act of 

11 2004 (title I of Public Law 108–458); 

12 (F) a description of the efforts of the United 

13 States Government to combat Al Qaeda and its 

14 related affiliates and undermine violent extrem15 ist ideology, which shall include— 

16 (i) a specific list of the President’s 

17 highest global counterterrorism priorities; 

18 (ii) the degree of success achieved by 

19 the United States, and remaining areas for 

20 progress, in meeting the priorities described 

21 in clause (i); and 

22 (iii) efforts in those countries in which 

23 the President determines that— 

24 (I) Al Qaeda and its related affili25 ates have a presence; or 
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1 (II) acts of international ter2 rorism have been perpetrated by Al 

3 Qaeda and its related affiliates; 

4 (G) a specific list of United States counter5 terrorism efforts, and the specific status and 

6 achievements of such efforts, through military, fi7 nancial, political, intelligence, paramilitary, 

8 and law enforcement elements, relating to— 

9 (i) bilateral security and training pro10 grams; 

11 (ii) law enforcement and border secu12 rity; 

13 (iii) the disruption of terrorist net14 works; and 

15 (iv) the denial of terrorist safe havens 

16 and sanctuaries; 

17 (H) a description of United States Govern18 ment activities to counter terrorist recruitment 

19 and radicalization, including— 

20 (i) strategic communications; 

21 (ii) public diplomacy; 

22 (iii) support for economic development 

23 and political reform; and 

24 (iv) other efforts aimed at influencing 

25 public opinion; 
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1 (I) United States Government initiatives to 

2 eliminate direct and indirect international fi3 nancial support for the activities of terrorist 

4 groups; 

5 (J) a cross-cutting analysis of the budgets of 

6 all Federal Government agencies as they relate to 

7 counterterrorism funding to battle Al Qaeda and 

8 its related affiliates abroad, including— 

9 (i) the source of such funds; and 

10 (ii) the allocation and use of such 

11 funds; 

12 (K) an analysis of the extent to which spe13 cific Federal appropriations— 

14 (i) have produced tangible, calculable 

15 results in efforts to combat and defeat Al 

16 Qaeda, its related affiliates, and its violent 

17 ideology; or 

18 (ii) contribute to investments that have 

19 expected payoffs in the medium- to long20 term; 

21 (L) statistical assessments, including those 

22 developed by the National Counterterrorism Cen23 ter, on the number of individuals belonging to Al 

24 Qaeda and its related affiliates that have been 
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1 killed, injured, or taken into custody as a result 

2 of United States counterterrorism efforts; and 

3 (M) a concise summary of the methods used 

4 by National Counterterrorism Center and other 

5 elements of the United States Government to as6 sess and evaluate progress in its overall counter7 terrorism efforts, including the use of specific 

8 measures, metrics, and indices. 

9 (2) INTERAGENCY COOPERATION.—In preparing 

10 a report under this subsection, the President shall in11 clude relevant information maintained by— 

12 (A) the National Counterterrorism Center 

13 and the National Counterproliferation Center; 

14 (B) Department of Justice, including the 

15 Federal Bureau of Investigation; 

16 (C) the Department of State; 

17 (D) the Department of Defense; 

18 (E) the Department of Homeland Security; 

19 (F) the Department of the Treasury; 

20 (G) the Office of the Director of National 

21 Intelligence, 

22 (H) the Central Intelligence Agency; 

23 (I) the Office of Management and Budget; 

24 (J) the United States Agency for Inter25 national Development; and 
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1 (K) any other Federal department that 

2 maintains relevant information. 

3 (3) REPORT CLASSIFICATION.—Each report re4 quired under this subsection shall be— 

5 (A) submitted in an unclassified form, to 

6 the maximum extent practicable; and 

7 (B) accompanied by a classified appendix, 

8 as appropriate. 

9 SEC. 1226. REPORT ON TAIWAN’S AIR FORCE. 

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

11 (1) According to the Department of Defense’s 

12 (DoD) 2009 Annual Report on Military Power of the 

13 People’s Republic of China, the military balance in 

14 the Taiwan Strait has been shifting in China’s favor 

15 since 2000, marked by the sustained deployment of 

16 advanced military equipment to the Chinese military 

17 regions opposite Taiwan. 

18 (2) Although the DoD’s 2002 Report concluded 

19 that Taiwan ‘‘has enjoyed dominance of the airspace 

20 over the Taiwan Strait for many years,’’ the DoD’s 

21 2009 Report states this conclusion no longer holds 

22 true. 

23 (3) China has based 490 combat aircraft (330 

24 fighters and 160 bombers) within unrefueled oper25 ational range of Taiwan, and has the airfield capac-
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1 ity to expand that number by hundreds. In contrast, 

2 Taiwan has 390 combat aircraft (all of which are 

3 fighters). 

4 (4) Also according to the DoD’s 2009 Report, 

5 China has continued its build-up of conventional bal6 listic missiles since 2000, ‘‘building a nascent capac7 ity for conventional short-range ballistic missile 

8 (SRBM) strikes against Taiwan into what has be9 come one of China’s primary instruments of coer10 cion.’’ At this time, China has expanded its SRBM 

11 force opposite Taiwan to seven brigades with a total 

12 of 1,050 through 1,150 missiles, and is augmenting 

13 these forces with conventional medium-range ballistic 

14 missiles systems and at least 2 land attack cruise 

15 missile variants capable of ground or air launch. Ad16 vanced fighters and bombers, combined with enhanced 

17 training for nighttime and overwater flights, provide 

18 China’s People’s Liberation Army (PLA) with addi19 tional capabilities for regional strike or maritime 

20 interdiction operations. 

21 (5) Furthermore, the Report maintains, ‘‘the se22 curity situation in the Taiwan Strait is largely a 

23 function of dynamic interactions among Mainland 

24 China, Taiwan, and the United States. The PLA has 

25 developed and deployed military capability to coerce 
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1 Taiwan or attempt an invasion if necessary. PLA 

2 improvements pose new challenges to Taiwan’s secu3 rity, which has historically been based upon the 

4 PLA’s inability to project power across the 100 nau5 tical-mile Taiwan Strait, natural geographic advan6 tages of island defense, Taiwan’s armed forces’ techno7 logical superiority, and the possibility of U.S. inter8 vention’’. 

9 (6) The Taiwan Relations Act of 1979 requires 

10 that, in furtherance of the principle of maintaining 

11 peace and stability in the Western Pacific region, the 

12 United States shall make available to Taiwan such 

13 defense articles and defense services in such quantity 

14 ‘‘as may be necessary to enable Taiwan to maintain 

15 a sufficient self-defense capability,’’ allowing that ‘‘the 

16 President and the Congress shall determine the nature 

17 and quantity of such defense articles and services 

18 based solely upon their judgment of the needs of Tai19 wan . . .’’. 

20 (b) REPORT TO CONGRESS ON TAIWAN’S CURRENT AIR

21 FORCE AND FUTURE SELF-DEFENSE REQUIREMENTS.— 

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

23 this Act, the President shall submit to Congress a report, 

24 in both classified and unclassified form, containing the fol25 lowing: 
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1 (1) A thorough and complete assessment of the 

2 current state of Taiwan’s Air Force, including— 

3 (A) the number and type of aircraft; 

4 (B) the age of aircraft; and 

5 (C) the capability of those aircraft. 

6 (2) An assessment of the effectiveness of the air7 craft in the face of a full-scale concerted missile and 

8 air campaign by China, in which China uses its most 

9 modern surface-to-air missiles currently deployed 

10 along its seacoast. 

11 (3) An analysis of the specific weapons systems 

12 and platforms that Taiwan would need to provide for 

13 it’s self-defense and maintain control of its own air 

14 space. 

15 (4) Options for the United States to assist Tai16 wan in achieving those capabilities. 

17 (5) A 5-year plan for fulfilling the obligations of 

18 the United States under the Taiwan Relations Act to 

19 provide for Taiwan’s self-defense and aid Taiwan in 

20 maintaining control of its own air space. 

21 SEC. 1227. REPORT ON UNITED STATES CONTRIBUTIONS TO 

22 THE UNITED NATIONS. 

23 Section 1225 of the John Warner National Defense Au24 thorization Act for Fiscal Year 2007 (Public Law 109–364; 

25 120 Stat. 2424) is amended— 
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1 (1) in subsection (a), by striking ‘‘until Decem2 ber 31, 2010, the President shall submit’’ and insert3 ing ‘‘(but not later than the first of each May), the 

4 Director of the Office of Management and Budget 

5 shall submit’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(c) PUBLIC AVAILABILITY OF INFORMATION.—The 

8 Director of the Office of Management and Budget shall post 

9 a public version of each report submitted under subsection 

10 (a) on a text-based searchable and publicly available Inter11 net Web site.’’. 

12 Subtitle C—Other Matters 

13 SEC. 1231. SENSE OF CONGRESS ON ESTABLISHMENT OF 

14 MEASURES OF PROGRESS TO EVALUATE 

15 UNITED STATES STRATEGIC OBJECTIVES IN 

16 AFGHANISTAN AND PAKISTAN. 

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

18 (1) The President announced a new strategy for 

19 Afghanistan and Pakistan on March 27, 2009, that 

20 calls for a commitment of more resources and a sig21 nificant increase in the number of United States 

22 Armed Forces deployed to the region. 

23 (2) It is the obligation of the United States Gov24 ernment to the members of the Armed Forces, and to 

25 all Americans, that their sacrifices be met by a clear 
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1 method for evaluating the progress toward achieving 

2 the objectives in the new strategy of the Administra3 tion. 

4 (3) The President stated, with reference to the 

5 strategy for Afghanistan and Pakistan, that ‘‘going 

6 forward, we will not blindly stay the course. Instead, 

7 we will set clear metrics to measure progress and hold 

8 ourselves accountable. We’ll consistently assess our ef9 forts to train Afghan security forces and our progress 

10 in combating insurgents. We will measure the growth 

11 of Afghanistan’s economy, and its illicit narcotics 

12 production. And we will review whether we are using 

13 the right tools and tactics to make progress towards 

14 accomplishing our goals’’. 

15 (4) Since the announcement of the new strategy 

16 of the Administration on March 27, 2009, key leaders 

17 in the Administration, including in the Department 

18 of Defense and Department of State, have testified be19 fore Congress that progress measures were needed to 

20 evaluate performance toward achieving the strategic 

21 objectives of the United States in Afghanistan and 

22 Pakistan and that the Administration was under23 taking the process of reviewing and developing meas24 ures of progress. 
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1 (5) Key leaders in the Administration further as2 sured Congress that the Administration would not 

3 only share the measures of progress with Congress, but 

4 would also invite review and comment by Congress on 

5 proposed measures of progress. 

6 (6) The establishment of both clear objectives and 

7 a means to impartially measure success toward those 

8 objectives will expound to the American people what 

9 the United States and its partners intend to accom10 plish in and for Afghanistan and Pakistan. 

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

12 that— 

13 (1) the Administration should, through the co14 ordination of the Departments of Defense and State, 

15 expeditiously submit to Congress a comprehensive list 

16 of measures of progress with regard to United States 

17 strategic objectives in Afghanistan and Pakistan; 

18 (2) the comprehensive list under paragraph (1) 

19 should include newly-established measures of progress 

20 as well as such measures of progress previously estab21 lished pursuant to section 1230(d) of the National De22 fense Authorization Act for Fiscal Year 2008 (Public 

23 Law 110–181; 122 Stat. 385) that continue to be rel24 evant to the current United States strategy for Af25 ghanistan and Pakistan; 
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1 (3) the Administration should incorporate the 

2 comprehensive list under paragraph (1) with each re3 port submitted under sections 1230 and 1232 of the 

4 National Defense Authorization Act for Fiscal Year 

5 2008 (122 Stat. 385, 392) and should review, and if 

6 necessary modify, the comprehensive list for each such 

7 report; and 

8 (4) upon submittal to Congress of the reports re9 quired by sections 1230 and 1232 of the National De10 fense Authorization Act for Fiscal Year 2008, the Ad11 ministration should provide an assessment of each 

12 measure of progress by— 

13 (A) setting forth the measure of progress 

14 being evaluated; 

15 (B) providing data used to evaluate the 

16 measure of progress; 

17 (C) providing an evaluation of the perform18 ance of the particular measure of progress; and 

19 (D) providing a comprehensive assessment 

20 of how the performance of the particular measure 

21 of progress hinders or enhances the overall per22 formance toward achieving strategic objectives of 

23 the United States in Afghanistan and Pakistan. 
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1 SEC. 1232. SENSE OF THE SENATE ON IMPOSING SANC2 TIONS WITH RESPECT TO THE ISLAMIC RE3 PUBLIC OF IRAN. 

4 (a) FINDINGS.—The Senate makes the following find5 ings: 

6 (1) The illicit nuclear activities of the Govern7 ment of the Islamic Republic of Iran, combined with 

8 its development of unconventional weapons and bal9 listic missiles and support for international ter10 rorism, represent a grave threat to the security of the 

11 United States and United States allies in Europe, the 

12 Middle East, and around the world. 

13 (2) The United States and other responsible 

14 countries have a vital interest in working together to 

15 prevent the Government of the Islamic Republic of 

16 Iran from acquiring a nuclear weapons capability. 

17 (3) As President Barack Obama said, ‘‘Iran ob18 taining a nuclear weapon would not only be a threat 

19 to Israel and a threat to the United States, but would 

20 be profoundly destabilizing in the international com21 munity as a whole and could set off a nuclear arms 

22 race in the Middle East that would be extraordinarily 

23 dangerous for all concerned, including for Iran.’’. 

24 (4) The International Atomic Energy Agency has 

25 repeatedly called attention to the illicit nuclear ac26 tivities of the Islamic Republic of Iran, and, as a re-
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1 sult, the United Nations Security Council has adopted 

2 a range of sanctions designed to encourage the Gov3 ernment of the Islamic Republic of Iran to cease those 

4 activities and comply with its obligations under the 

5 Treaty on Non-Proliferation of Nuclear Weapons, 

6 done at Washington, London, and Moscow July 1, 

7 1968, and entered into force March 5, 1970 (com8 monly known as the ‘‘Nuclear Non-Proliferation Trea9 ty’’). 

10 (5) The Department of the Treasury has imposed 

11 sanctions on several Iranian banks, including Bank 

12 Melli, Bank Saderat, Bank Sepah, and Bank Mellat, 

13 for their involvement in proliferation activities or 

14 support for terrorist groups. 

15 (6) The Central Bank of Iran, the keystone of 

16 Iran’s financial system and its principal remaining 

17 lifeline to the international banking system, has en18 gaged in deceptive financial practices and facilitated 

19 such practices among banks involved in proliferation 

20 activities or support for terrorist groups, including 

21 Bank Sepah and Bank Melli, in order to evade sanc22 tions imposed by the United States and the United 

23 Nations. 

24 (7) On April 8, 2009, the United States formally 

25 extended an offer to engage in direct diplomacy with 
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1 the Government of the Islamic Republic of Iran 

2 through negotiations with the five permanent mem3 bers of the United States Security Council and Ger4 many (commonly referred to as the ‘‘P5-plus-1 proc5 ess’’), in the hope of resolving all outstanding disputes 

6 between the Islamic Republic of Iran and the United 

7 States. 

8 (8) The Government of the Islamic Republic of 

9 Iran has yet to make a formal reply to the April 8, 

10 2009, offer of direct diplomacy by the United States 

11 or to engage in direct diplomacy with the United 

12 States through the P5-plus-1 process. 

13 (9) On July 8, 2009, President Nicolas Sarkozy 

14 of France warned that the Group of Eight major pow15 ers will give the Islamic Republic of Iran until Sep16 tember 2009 to accept negotiations with respect to its 

17 nuclear activities or face tougher sanctions. 

18 (b) SENSE OF THE SENATE.—It is the sense of the Sen19 ate that— 

20 (1) the Government of the Islamic Republic of 

21 Iran should— 

22 (A) seize the historic offer put forward by 

23 President Barack Obama to engage in direct di24 plomacy with the United States; 
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1 (B) suspend all enrichment-related and re2 processing activities, including research and de3 velopment, and work on all heavy-water related 

4 projects, including the construction of a research 

5 reactor moderated by heavy water, as demanded 

6 by multiple resolutions of the United Nations Se7 curity Council; and 

8 (C) come into full compliance with the Nu9 clear Non-Proliferation Treaty, including the ad10 ditional protocol to the Treaty; and 

11 (2) the President should impose sanctions on the 

12 Central Bank of Iran and any other Iranian bank en13 gaged in proliferation activities or support for ter14 rorist groups, as well as any other sanctions the 

15 President determines appropriate, if— 

16 (A) the Government of the Islamic Republic 

17 of Iran— 

18 (i) has not accepted the offer by the 

19 United States to engage in direct diplomacy 

20 through the P5-plus-1 process before the 

21 Summit of the Group of 20 (G–20) in Pitts22 burgh, Pennsylvania, in September 2009; or 

23 (ii) has not suspended all enrichment24 related and reprocessing activities and work 

25 on all heavy-water related projects within 
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1 60 days of the conclusion of that Summit; 

2 and 

3 (B) the United Nations Security Council 

4 has failed to adopt significant and meaningful 

5 additional sanctions on the Government of the 

6 Islamic Republic of Iran. 

7 SEC. 1233. SENSE OF THE SENATE ON ENFORCEMENT AND 

8 IMPOSITION OF SANCTIONS WITH RESPECT 

9 TO NORTH KOREA; REVIEW TO DETERMINE 

10 WHETHER NORTH KOREA SHOULD BE RE11 LISTED AS A STATE SPONSOR OF TERRORISM. 

12 (a) FINDINGS.—The Senate makes the following find13 ings: 

14 (1) On April 5, 2009, the Government of North 

15 Korea tested an intermediate range ballistic missile 

16 in violation of United Nations Security Council Reso17 lutions 1695 (2006) and 1718 (2006). 

18 (2) On April 5, 2009, President Barack Obama 

19 issued a statement on North Korea, stating that ‘‘Pre20 venting the proliferation of weapons of mass destruc21 tion and their means of delivery is a high priority for 

22 my administration’’, and adding, ‘‘North Korea has 

23 ignored its international obligations, rejected un24 equivocal calls for restraint, and further isolated itself 

25 from the community of nations’’. 
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1 (3) On April 15, 2009, the Government of North 

2 Korea announced it was expelling international in3 spectors from its Yongbyon nuclear facility and end4 ing its participation in the Six Party Talks for the 

5 Denuclearization of the Korean Peninsula. 

6 (4) On May 25, 2009, the Government of North 

7 Korea conducted a second nuclear test, in disregard 

8 of United Nations Security Council Resolution 1718, 

9 which was issued in 2006 following the first such test 

10 and which demanded that North Korea not conduct 

11 any further nuclear tests or launches of a ballistic 

12 missile. 

13 (5) The State Department’s 2008 Human Rights 

14 Report on North Korea, issued on February 25, 2009, 

15 found that human rights conditions inside North 

16 Korea remained poor, prison conditions are harsh 

17 and life-threatening, and citizens were denied basic 

18 freedoms such as freedom of speech, press, assembly, 

19 religion, and association. 

20 (6) Pursuant to section 102(b)(2)(E) of the Arms 

21 Export Control Act (22 U.S.C. 2799aa–1(b)(2)(E)), 

22 President George W. Bush, on February 7, 2007, noti23 fied Congress that the United States Government 

24 would oppose the extension of any loan or financial 

25 or technical assistance to North Korea by any inter-
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1 national financial institution and the prohibition on 

2 support for the extension of such loans or assistance 

3 remains in effect. 

4 (7) On June 12, 2009, the United Nations Secu5 rity Council passed Resolution 1874, condemning 

6 North Korea’s nuclear test, imposing a sweeping em7 bargo on all arms trade with North Korea, and re8 quiring member states not to provide financial sup9 port or other financial services that could contribute 

10 to North Korea’s nuclear-related or missile-related ac11 tivities or other activities related to weapons of mass 

12 destruction. 

13 (8) On July 15, 2009, the Sanctions Committee 

14 of the United Nations Security Council, pursuant to 

15 United Nations Security Council Resolution 1874, 

16 imposed a travel ban on five North Korean individ17 uals and asset freezes on five more North Korean enti18 ties for their involvement in nuclear weapons and 

19 ballistic missile development programs, marking the 

20 first time the United Nations has imposed a travel 

21 ban on North Koreans. 

22 (9) On June 10, 2008, the Government of North 

23 Korea issued a statement, subsequently conveyed di24 rectly to the United States Government, affirming 

25 that North Korea, ‘‘will firmly maintain its con-
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1 sistent stand of opposing all forms of terrorism and 

2 any support to it and will fulfill its responsibility 

3 and duty in the struggle against terrorism.’’. 

4 (10) The June 10, 2008, statement by the Gov5 ernment of North Korea also pledged that North 

6 Korea would take ‘‘active part in the international ef7 forts to prevent substance, equipment and technology 

8 to be used for the production of nukes and biochemical 

9 and radioactive weapons from finding their ways to 

10 the terrorists and the organizations that support 

11 them’’. 

12 (11) On June 26, 2008, President George W. 

13 Bush certified that— 

14 (A) the Government of North Korea had not 

15 provided any support for international terrorism 

16 during the preceding 6-month period; and 

17 (B) the Government of North Korea had 

18 provided assurances that it will not support acts 

19 of international terrorism in the future. 

20 (12) The President’s June 26 certification con21 cluded, based on all available information, that there 

22 was ‘‘no credible evidence at this time of ongoing sup23 port by the DPRK for international terrorism’’ and 

24 that ‘‘there is no credible or sustained reporting at 

25 this time that supports allegations (including as cited 
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1 in recent reports by the Congressional Research Serv2 ice) that the DPRK has provided direct or witting 

3 support for Hezbollah, Tamil Tigers, or the Iranian 

4 Revolutionary Guard’’. 

5 (13) The State Department’s Country Reports on 

6 Terrorism 2008, in a section on North Korea, state, 

7 ‘‘The Democratic People’s Republic of Korea (DPRK) 

8 was not known to have sponsored any terrorist acts 

9 since the bombing of a Korean Airlines flight in 

10 1987.’’. 

11 (14) The Country Reports on Terrorism 2008 

12 also state, ‘‘A state that directs WMD resources to ter13 rorists, or one from which enabling resources are 

14 clandestinely diverted, poses a grave WMD terrorism 

15 threat. Although terrorist organizations will continue 

16 to seek a WMD capability independent of state pro17 grams, the sophisticated WMD knowledge and re18 sources of a state could enable a terrorist capability. 

19 State sponsors of terrorism and all nations that fail 

20 to live up to their international counterterrorism and 

21 nonproliferation obligations deserve greater scrutiny 

22 as potential facilitators of WMD terrorism.’’. 

23 (15) On October 11, 2008, the Secretary of State, 

24 pursuant to the President’s certification, removed 

25 North Korea from its list of state sponsors of ter-
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1 rorism, on which North Korea had been placed in 

2 1988. 

3 (b) REPORT ON CONDUCT OF NORTH KOREA.—Not 

4 later than 30 days after the date of the enactment of this 

5 Act, the President shall submit to Congress a detailed report 

6 examining the conduct of the Government of North Korea 

7 since June 26, 2008, based on all available information, 

8 to determine whether North Korea meets the statutory cri9 teria for listing as a state sponsor of terrorism. The report 

10 shall— 

11 (1) present any credible evidence of support by 

12 the Government of North Korea for acts of terrorism, 

13 terrorists, or terrorist organizations; 

14 (2) examine what steps the Government of North 

15 Korea has taken to fulfill its June 10, 2008, pledge 

16 to prevent weapons of mass destruction from falling 

17 into the hands of terrorists; and 

18 (3) assess the effectiveness of re-listing North 

19 Korea as a state sponsor of terrorism as a tool to ac20 complish the objectives of the United States with re21 spect to North Korea, including completely elimi22 nating North Korea’s nuclear weapons programs, pre23 venting North Korean proliferation of weapons of 

24 mass destruction, and encouraging North Korea to 
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1 abide by international norms with respect to human 

2 rights. 

3 (c) SENSE OF THE SENATE.—It is the sense of the Sen4 ate that— 

5 (1) the United States should— 

6 (A) vigorously enforce United Nations Secu7 rity Council Resolutions 1718 (2006) and 1874 

8 (2009) and other sanctions in place with respect 

9 to North Korea under United States law; 

10 (B) urge all member states of the United 

11 Nations to fully implement the sanctions im12 posed by United Nations Security Council Reso13 lutions 1718 and 1874; and 

14 (C) explore the imposition of additional 

15 unilateral and multilateral sanctions against 

16 North Korea in furtherance of United States na17 tional security; 

18 (2) the conduct of North Korea constitutes a 

19 threat to the northeast Asian region and to inter20 national peace and security; 

21 (3) if the United States determines that the Gov22 ernment of North Korea has provided assistance to 

23 terrorists or engaged in state sponsored acts of ter24 rorism, the Secretary of State should immediately list 

25 North Korea as a state sponsor of terrorism; and 
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1 (4) if the United States determines that the Gov2 ernment of North Korea has failed to fulfill its June 

3 10, 2008, pledges, the Secretary of State should imme4 diately list North Korea as a state sponsor of ter5 rorism. 

6 (d) STATE SPONSOR OF TERRORISM DEFINED.—For 

7 purposes of this section, the term ‘‘state sponsor of ter8 rorism’’ means a country that has repeatedly provided sup9 port for acts of international terrorism for purposes of— 

10 (1) section 6(j) of the Export Administration Act 

11 of 1979 (50 U.S.C. App. 2405(j)) (as continued in ef12 fect pursuant to the International Emergency Eco13 nomic Powers Act (50 U.S.C. 1701 et seq.)); 

14 (2) section 40 of the Arms Export Control Act 

15 (22 U.S.C. 2780); or 

16 (3) section 620A of the Foreign Assistance Act of 

17 1961 (22 U.S.C. 2371). 

18 SEC. 1234. REPORT ON THE PLAN FOR THE UNITED STATES 

19 NUCLEAR WEAPONS STOCKPILE, NUCLEAR 

20 WEAPONS COMPLEX, AND DELIVERY PLAT21 FORMS AND SENSE OF THE SENATE ON FOL22 LOW-ON NEGOTIATIONS TO START TREATY. 

23 (a) REPORT ON THE PLAN FOR THE UNITED STATES

24 NUCLEAR WEAPONS STOCKPILE, NUCLEAR WEAPONS COM25 PLEX, AND DELIVERY PLATFORMS.— 
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1 (1) REPORT REQUIRED.—Not later than 30 days 

2 after the date of the enactment of this Act or at the 

3 time a follow-on treaty to the Strategic Arms Reduc4 tion Treaty (START Treaty) is submitted by the 

5 President to the Senate for its advice and consent, 

6 whichever is earlier, the President shall submit to the 

7 congressional defense and foreign relations committees 

8 a report on the plan to enhance the safety, security, 

9 and reliability of the United States nuclear weapons 

10 stockpile, modernize the nuclear weapons complex, 

11 and maintain the delivery platforms for nuclear 

12 weapons. 

13 (2) COORDINATION.—The President shall prepare 

14 the report required under paragraph (1) in coordina15 tion with the Secretary of Defense, the directors of 

16 Sandia National Laboratory, Los Alamos National 

17 Laboratory, and Lawrence Livermore National Lab18 oratory, the Administrator for the National Nuclear 

19 Security Administration, and the Commander of the 

20 United States Strategic Command. 

21 (3) ELEMENTS.—The report required under 

22 paragraph (1) shall include the following: 

23 (A) A description of the plan to enhance the 

24 safety, security, and reliability of the United 

25 States nuclear weapons stockpile. 
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1 (B) A description of the plan to modernize 

2 the nuclear weapons complex, including improv3 ing the safety of facilities, modernizing the infra4 structure, and maintaining the key capabilities 

5 and competencies of the nuclear weapons work6 force, including designers and technicians. 

7 (C) A description of the plan to maintain 

8 delivery platforms for nuclear weapons. 

9 (D) An estimate of budget requirements, in10 cluding the costs associated with the plans out11 lined under subparagraphs (A) through (C), over 

12 a 10-year period. 

13 (b) SENSE OF THE SENATE ON FOLLOW-ON NEGOTIA14 TIONS TO THE START TREATY.—The Senate urges the 

15 President to maintain the stated position of the United 

16 States that the follow-on treaty to the START Treaty not 

17 include any limitations on the ballistic missile defense sys18 tems, space capabilities, or advanced conventional weapons 

19 systems of the United States. 

20 SEC. 1235. SENSE OF CONGRESS ON CONTINUED SUPPORT 

21 BY THE UNITED STATES FOR A STABLE AND 

22 DEMOCRATIC REPUBLIC OF IRAQ. 

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

24 (1) The men and women of the United States 

25 Armed Forces who have served or are serving in the 
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1 Republic of Iraq have done so with the utmost brav2 ery and courage and deserve the respect and gratitude 

3 of the people of the United States and the people of 

4 Iraq. 

5 (2) The leadership of Generals David Petraeus 

6 and Raymond Odierno, as the Commanders of the 

7 Multi-National Force Iraq, as well as Ambassador 

8 Ryan Crocker, was instrumental in bringing stability 

9 and success to Iraq. 

10 (3) The strategy known as the surge was a crit11 ical factor contributing to significant security gains 

12 and facilitated the economic, political, and social 

13 gains that have occurred in Iraq since 2007. 

14 (4) The people of Iraq have begun to develop a 

15 stable government and stable society because of the se16 curity gains following the surge and the willingness 

17 of the people of Iraq to accept the ideals of a free and 

18 fair democratic society over the tyranny espoused by 

19 Al Qaeda and other terrorist organizations. 

20 (5) The security gains in Iraq must be carefully 

21 maintained so that those fragile gains can be solidi22 fied and expanded upon, primarily by citizens of Iraq 

23 in service to their country, with the support of the 

24 United States as appropriate. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that— 

3 (1) a stable and democratic Republic of Iraq is 

4 in the long-term national security interest of the 

5 United States; 

6 (2) the people and the Government of the United 

7 States should help the people of Iraq promote the sta8 bility of their country and peace in the region; and 

9 (3) the United States should be a long-term stra10 tegic partner with the Government and the people of 

11 Iraq in support of their efforts to build democracy, 

12 good governance, and peace and stability in the re13 gion. 

14 SEC. 1236. REPORT ON FEASIBILITY AND DESIRABILITY OF 

15 ESTABLISHING GENERAL UNIFORM PROCE16 DURES AND GUIDELINES FOR THE PROVI17 SION OF MONETARY ASSISTANCE BY THE 

18 UNITED STATES TO CIVILIAN FOREIGN NA19 TIONALS FOR LOSSES INCIDENT TO COMBAT 

20 ACTIVITIES OF THE ARMED FORCES. 

21 (a) REPORT.—The Secretary of Defense shall submit 

22 to Congress a report on the feasibility and the desirability 

23 of establishing general uniform procedures and guidelines 

24 for the provision by the United States of monetary assist25 ance to civilian foreign nationals for losses, injuries, or 
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1 death (hereafter ‘‘harm’’) incident to combat activities of 

2 the United States Armed Forces during contingency oper3 ations. 

4 (b) MATTERS TO BE INCLUDED IN REPORT.—The Sec5 retary shall include in the report the following: 

6 (1) A description of the authorities under laws 

7 in effect as of the date of the enactment of this Act 

8 for the United States to provide compensation, mone9 tary payments, or other assistance to civilians who 

10 incur harm due directly or indirectly to the combat 

11 activities of the United States Armed Forces. 

12 (2) A description of the practices in effect as of 

13 the date of enactment of this Act for the United States 

14 to provide ex gratia, solatia, or other types of condo15 lence payments to civilians who incur harm due di16 rectly or indirectly to the combat activities of the 

17 United States Armed Forces. 

18 (3) A discussion of the historic practice of the 

19 United States to provide compensation, other mone20 tary payments, or other assistance to civilian foreign 

21 nationals who incur harm due directly or indirectly 

22 to combat activities of the United States Armed 

23 Forces. 

24 (4) A discussion of the practice of the United 

25 States in Operation Enduring Freedom and Oper-
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1 ation Iraqi Freedom to provide compensation, other 

2 monetary payments, or other assistance to civilian 

3 foreign nationals who incur harm due directly or in4 directly to the combat activities of the United States 

5 Armed Forces, including the procedures and guide6 lines used and an assessment of its effectiveness. This 

7 discussion will also include estimates of the total 

8 amount of funds disbursed to civilian foreign nation9 als who have incurred harm since the inception of 

10 Operation Iraqi Freedom and Operation Enduring 

11 Freedom. This discussion will also include how such 

12 procedures and guidelines compare to the processing 

13 of claims filed under the Foreign Claims Act. 

14 (5) A discussion of the positive and negative ef15 fects of using different authorities, procedure, and 

16 guidelines to provide monetary assistance to civilian 

17 foreign nationals, based upon the culture and eco18 nomic circumstances of the local populace and the 

19 operational impact on the military mission. This dis20 cussion will also include whether the use of different 

21 authorities, procedures, and guidelines has resulted in 

22 disparate monetary assistance to civilian foreign na23 tionals who have incurred substantially similar harm, 

24 and if so, the frequency and effect of such results. 
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1 (6) A discussion of the positive and negative ef2 fects of establishing general uniform procedures and 

3 guidelines for the provision of such assistance, based 

4 upon the goals of timely commencement of a program 

5 of monetary assistance, efficient and effective imple6 mentation of such program, and consistency in the 

7 amount of assistance in relation to the harm in8 curred. This discussion will also include whether the 

9 implementation of general procedures and guidelines 

10 would create a legally enforceable entitlement to 

11 ‘‘compensation’’ and, if so, any potential significant 

12 operational impact arising from such an entitlement. 

13 (7) Assuming general uniform procedures and 

14 guidelines were to be established, a discussion of the 

15 following: 

16 (A) Whether such assistance should be lim17 ited to specified types of combat activities or op18 erations, e.g., such as during counterinsurgency 

19 operations. 

20 (B) Whether such assistance should be con21 tingent upon a formal determination that a par22 ticular combat activity/operation is a qualifying 

23 activity, and the criteria, if any, for such a de24 termination. 
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1 (C) Whether a time limit from the date of 

2 loss for providing such assistance should be pre3 scribed. 

4 (D) Whether only monetary or other types 

5 of assistance should be authorized, and what 

6 types of nonmonetary assistance, if any, should 

7 be authorized. 

8 (E) Whether monetary value limits should 

9 be placed on the assistance that may be provided, 

10 or whether the determination to provide assist11 ance and, if so, the monetary value of such as12 sistance, should be based, in whole or in part, on 

13 a legal advisor’s assessment of the facts. 

14 (F) Whether a written record of the deter15 mination to provide or to not provide such as16 sistance should be maintained and a copy made 

17 available to the civilian foreign national. 

18 (G) Whether in the event of a determination 

19 to not provide such assistance the civilian for20 eign national should be afforded the option of a 

21 review of the determination by a higher ranking 

22 authority. 

23 (c) RECOMMENDATIONS.—The Secretary shall include 

24 in the report such recommendations as the Secretary con-
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1 siders appropriate for legislative or administrative action 

2 with respect to the matters discussed in the report. 

3 (d) SUBMISSION OF REPORT.—The report shall be sub4 mitted not later than 180 days after the date of the enact5 ment of this Act. The report shall be submitted in unclassi6 fied form, but may include a classified annex. 

7 Subtitle D—VOICE Act 

8 SEC. 1241. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Victims of Iranian 

10 Censorship Act’’or the ‘‘VOICE Act’’. 

11 SEC. 1242. SENSE OF CONGRESS. 

12 It is the sense of Congress that the United States— 

13 (1) respects the sovereignty, proud history, and 

14 rich culture of the Iranian people; 

15 (2) respects the universal values of freedom of 

16 speech and freedom of the press in Iran and through17 out the world; 

18 (3) supports the Iranian people as they take 

19 steps to peacefully express their voices, opinions, and 

20 aspirations; 

21 (4) supports the Iranian people seeking access to 

22 news and other forms of information; 

23 (5) condemns the detainment, imprisonment, 

24 and intimidation of all journalists, in Iran and else25 where throughout the world; 
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1 (6) supports journalists who take great risk to 

2 report on political events in Iran, including those 

3 surrounding the presidential election; 

4 (7) supports the efforts the Voice of America’s 

5 (VOA) 24-hour television station Persian News Net6 work, and Radio Free Europe / Radio Liberty’s 

7 (RFE/RL) Radio Farda 24-hour radio station; Brit8 ish Broadcasting Corporation (BBC) Farsi language 

9 programming; Radio Zamaneh; and other inde10 pendent news outlets to provide information to Iran; 

11 (8) condemns acts of censorship, intimidation, 

12 and other restrictions on freedom of the press, freedom 

13 of speech, and freedom of expression in Iran and 

14 throughout the world; 

15 (9) commends companies which have facilitated 

16 the ability of the Iranian people to access and share 

17 information, and exercise freedom of speech, freedom 

18 of expression, and freedom of assembly through alter19 native technologies; and 

20 (10) condemns companies which have knowingly 

21 impeded the ability of the Iranian people to access 

22 and share information and exercise freedom of speech, 

23 freedom of expression, and freedom of assembly 

24 through electronic media, including through the sale 

25 of technology that allows for deep packet inspection or 
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† HR 2647 EAS 

1 provides the capability to monitor or block Internet 

2 access, and gather information about individuals. 

3 SEC. 1243. STATEMENT OF POLICY. 

4 It shall be the policy of the United States— 

5 (1) to support freedom of the press, freedom of 

6 speech, freedom of expression, and freedom of assem7 bly in Iran; 

8 (2) to support the Iranian people as they seek, 

9 receive, and impart information and promote ideas 

10 in writing, in print, or through any media without 

11 interference; 

12 (3) to discourage businesses from aiding efforts 

13 to interfere with the ability of the people of Iran to 

14 freely access or share information or otherwise in15 fringe upon freedom of speech, freedom of expression, 

16 freedom of assembly, and freedom of the press through 

17 the Internet or other electronic media, including 

18 through the sale of deep packet inspection or other 

19 technology to the Government of Iran that provides 

20 the capability to monitor or block Internet access, and 

21 gather information about individuals; and 

22 (4) to encourage the development of technologies, 

23 including Internet Web sites that facilitate the efforts 

24 of the Iranian people— 
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† HR 2647 EAS 

1 (A) to gain access to and share accurate in2 formation and exercise freedom of speech, free3 dom of expression, freedom of assembly, and free4 dom of the press, through the Internet or other 

5 electronic media; and 

6 (B) engage in Internet-based education pro7 grams and other exchanges between United 

8 States citizens and Iranians. 

9 SEC. 1244. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) INTERNATIONAL BROADCASTING OPERATIONS

11 FUND.—In addition to amounts otherwise authorized for 

12 the Broadcasting Board of Governors’ International Broad13 casting Operations Fund, there is authorized to be appro14 priated $15,000,000 to expand Farsi language program15 ming and to provide for the dissemination of accurate and 

16 independent information to the Iranian people through 

17 radio, television, Internet, cellular telephone, short message 

18 service, and other communications. 

19 (b) BROADCASTING CAPITAL IMPROVEMENTS FUND.— 

20 In addition to amounts otherwise authorized for the Broad21 casting Board of Governors’ Broadcasting Capital Improve22 ments Fund, there is authorized to be appropriated 

23 $15,000,000 to expand transmissions of Farsi language pro24 grams to Iran. 
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† HR 2647 EAS 

1 (c) USE OF AMOUNTS.—In pursuit of the objectives de2 scribed in subsections (a) and (b), amounts in the Inter3 national Broadcasting Operations Fund and the Capital 

4 Improvements Fund may be used to— 

5 (1) develop additional transmission capability 

6 for Radio Farda and the Persian News Network to 

7 counter ongoing efforts to jam transmissions, includ8 ing through additional shortwave and medium wave 

9 transmissions, satellite, and Internet mechanisms; 

10 (2) develop additional proxy server capability 

11 and anti-censorship software to counter efforts to 

12 block Radio Farda and Persian News Network Web 

13 sites; 

14 (3) develop technologies to counter efforts to block 

15 SMS text message exchange over cellular phone net16 works; 

17 (4) expand program coverage and analysis by 

18 Radio Farda and the Persian News Network, includ19 ing the development of broadcast platforms and pro20 grams, on the television, radio and Internet, for en21 hanced interactivity with and among the people of 

22 Iran; 

23 (5) hire, on a permanent or short-term basis, ad24 ditional staff for Radio Farda and the Persian News 

25 Network; and 
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† HR 2647 EAS 

1 (6) develop additional Internet-based, Farsi-lan2 guage television programming, including a Farsi-lan3 guage, Internet-based news channel. 

4 SEC. 1245. IRANIAN ELECTRONIC EDUCATION, EXCHANGE, 

5 AND MEDIA FUND. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Treasury of the United States the Iranian Electronic Edu8 cation, Exchange, and Media Fund (referred to in this sec9 tion as the ‘‘Fund’’), consisting of amounts appropriated 

10 to the Fund pursuant to subsection (f). 

11 (b) ADMINISTRATION.—The Fund shall be adminis12 tered by the Secretary of State. 

13 (c) OBJECTIVE.—The objective of the Fund shall be to 

14 support the development of technologies, including Internet 

15 Web sites, that will aid the ability of the Iranian people 

16 to— 

17 (1) gain access to and share information; 

18 (2) exercise freedom of speech, freedom of expres19 sion, and freedom of assembly through the Internet 

20 and other electronic media; 

21 (3) engage in Internet-based education programs 

22 and other exchanges between Americans and Iranians; 

23 and 

24 (4) counter efforts— 
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† HR 2647 EAS 

1 (A) to block, censor, and monitor the Inter2 net; and 

3 (B) to disrupt or monitor cellular phone 

4 networks or SMS text exchanges. 

5 (d) USE OF AMOUNTS.—In pursuit of the objective de6 scribed in subsection (c), amounts in the Fund may be used 

7 for grants to United States or foreign universities, nonprofit 

8 organizations, or companies for targeted projects that ad9 vance the purpose of the Fund, including projects that— 

10 (1) develop Farsi-language versions of existing 

11 social-networking Web sites; 

12 (2) develop technologies, including Internet-based 

13 applications, to counter efforts— 

14 (A) to block, censor, and monitor the Inter15 net; and 

16 (B) to disrupt or monitor cellular phone 

17 networks or SMS text message exchanges; 

18 (3) develop Internet-based, distance learning pro19 grams for Iranian students at United States univer20 sities; and 

21 (4) promote Internet-based, people-to-people edu22 cational, professional, religious, or cultural exchanges 

23 and dialogues between United States citizens and Ira24 nians. 
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† HR 2647 EAS 

1 (e) TRANSFERS.—Amounts in the Fund may be trans2 ferred to the United States Agency for International Devel3 opment, the Broadcasting Board of Governors, or any other 

4 agency of the Federal Government to the extent that such 

5 amounts are used to carry out activities that will further 

6 the objective described in subsection (c). 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated $20,000,000 to the Fund. 

9 SEC. 1246. ANNUAL REPORT. 

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

11 date of the enactment of this Act, and annually thereafter 

12 for 5 years, the President shall submit a report to Congress 

13 that provides a detailed description of— 

14 (1) United States-funded international broad15 casting efforts in Iran; 

16 (2) efforts by the Government of Iran to block 

17 broadcasts sponsored by the United States or other 

18 non-Iranian entities; 

19 (3) efforts by the Government of Iran to monitor 

20 or block Internet access, and gather information about 

21 individuals; 

22 (4) plans by the Broadcasting Board of Gov23 ernors for the use of the amounts appropriated pursu24 ant to section 1244, including— 
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† HR 2647 EAS 

1 (A) the identification of specific programs 

2 and platforms to be expanded or created; and 

3 (B) satellite, radio, or Internet-based trans4 mission capacity to be expanded or created; 

5 (5) plans for the use of the Iranian Electronic 

6 Education, Exchange, and Media Fund; 

7 (6) a detailed breakdown of amounts obligated 

8 and disbursed from the Iranian Electronic Media 

9 Fund and an assessment of the impact of such 

10 amounts; 

11 (7) the percentage of the Iranian population and 

12 of Iranian territory reached by shortwave and me13 dium-wave radio broadcasts by Radio Farda and 

14 Voice of America; 

15 (8) the Internet traffic from Iran to Radio 

16 Farda and Voice of America Web sites; and 

17 (9) the Internet traffic to proxy servers sponsored 

18 by the Broadcasting Board of Governors, and the pro19 visioning of surge capacity. 

20 (b) CLASSIFIED ANNEX.—The report submitted under 

21 subsection (a) may include a classified annex. 

22 SEC. 1247. REPORT ON ACTIONS BY NON-IRANIAN COMPA23 NIES. 

24 (a) STUDY.—The President shall direct the appro25 priate officials to examine claims that non-Iranian compa-
734 

† HR 2647 EAS 

1 nies, including corporations with United States subsidi2 aries, have provided hardware, software, or other forms of 

3 assistance to the Government of Iran that has furthered its 

4 efforts to— 

5 (1) filter online political content; 

6 (2) disrupt cell phone and Internet communica7 tions; and 

8 (3) monitor the online activities of Iranian citi9 zens. 

10 (b) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, the President shall submit a 

12 report to Congress that contains the results of the study con13 ducted under subsection (a). The report submitted under 

14 this subsection shall be submitted in unclassified form, but 

15 may include a classified annex. 

16 SEC. 1248. HUMAN RIGHTS DOCUMENTATION. 

17 There are authorized to be appropriated $5,000,000 to 

18 the Secretary of State to document, collect, and disseminate 

19 information about human rights in Iran, including abuses 

20 of human rights that have taken place since the Iranian 

21 presidential election conducted on June 12, 2009. 
735 

† HR 2647 EAS 

1 TITLE XIII—COOPERATIVE 

2 THREAT REDUCTION 

3 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE4 DUCTION PROGRAMS AND FUNDS. 

5 (a) SPECIFICATION OF COOPERATIVE THREAT REDUC6 TION PROGRAMS.—For purposes of section 301 and other 

7 provisions of this Act, Cooperative Threat Reduction pro8 grams are the programs specified in section 1501 of the Na9 tional Defense Authorization Act for Fiscal Year 1997 (50 

10 U.S.C. 2362 note). 

11 (b) FISCAL YEAR 2010 COOPERATIVE THREAT REDUC12 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis13 cal year 2010 Cooperative Threat Reduction funds’’ means 

14 the funds appropriated pursuant to the authorization of ap15 propriations in section 301 for Cooperative Threat Reduc16 tion programs. 

17 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

18 pursuant to the authorization of appropriations in section 

19 301 for Cooperative Threat Reduction programs shall be 

20 available for obligation for fiscal years 2010, 2011, and 

21 2012. 

22 SEC. 1302. FUNDING ALLOCATIONS. 

23 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

24 $424,093,000 authorized to be appropriated to the Depart25 ment of Defense for fiscal year 2010 in section 301(a)(20) 
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† HR 2647 EAS 

1 for Cooperative Threat Reduction programs, the following 

2 amounts may be obligated for the purposes specified: 

3 (1) For strategic offensive arms elimination in 

4 Russia, $73,385,000. 

5 (2) For strategic nuclear arms elimination in 

6 Ukraine, $6,800,000. 

7 (3) For nuclear weapons storage security in Rus8 sia, $15,090,000. 

9 (4) For nuclear weapons transportation security 

10 in Russia, $46,400,000. 

11 (5) For weapons of mass destruction prolifera12 tion prevention in the states of the former Soviet 

13 Union, $90,886,000. 

14 (6) For biological threat reduction in the states 

15 of the former Soviet Union, $152,132,000. 

16 (7) For chemical weapons destruction, 

17 $3,000,000. 

18 (8) For defense and military contacts, 

19 $5,000,000. 

20 (9) For new Cooperative Threat Reduction ini21 tiatives, $10,000,000. 

22 (10) For activities designated as Other Assess23 ments/Administrative Costs, $21,400,000. 

24 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

25 FUNDS FOR OTHER PURPOSES.—No fiscal year 2010 Coop-
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† HR 2647 EAS 

1 erative Threat Reduction funds may be obligated or ex2 pended for a purpose other than a purpose listed in para3 graphs (1) through (10) of subsection (a) until 15 days after 

4 the date that the Secretary of Defense submits to Congress 

5 a report on the purpose for which the funds will be obligated 

6 or expended and the amount of funds to be obligated or ex7 pended. Nothing in the preceding sentence shall be construed 

8 as authorizing the obligation or expenditure of fiscal year 

9 2010 Cooperative Threat Reduction funds for a purpose for 

10 which the obligation or expenditure of such funds is specifi11 cally prohibited under this title or any other provision of 

12 law. 

13 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

14 AMOUNTS.— 

15 (1) IN GENERAL.—Subject to paragraph (2), in 

16 any case in which the Secretary of Defense determines 

17 that it is necessary to do so in the national interest, 

18 the Secretary may obligate amounts appropriated for 

19 fiscal year 2010 for a purpose listed in paragraphs 

20 (1) through (10) of subsection (a) in excess of the spe21 cific amount authorized for that purpose. 

22 (2) NOTICE-AND-WAIT REQUIRED.—An obligation 

23 of funds for a purpose stated in paragraphs (1) 

24 through (10) of subsection (a) in excess of the specific 

25 amount authorized for such purpose may be made 
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† HR 2647 EAS 

1 using the authority provided in paragraph (1) only 

2 after— 

3 (A) the Secretary submits to Congress noti4 fication of the intent to do so together with a 

5 complete discussion of the justification for doing 

6 so; and 

7 (B) 15 days have elapsed following the date 

8 of the notification. 

9 SEC. 1303. AUTHORITY TO ENTER INTO AGREEMENTS TO 

10 RECEIVE CONTRIBUTIONS FOR BIOLOGICAL 

11 THREAT REDUCTION PROGRAM. 

12 (a) IN GENERAL.—The Secretary of Defense may, with 

13 the concurrence of the Secretary of State, enter into one or 

14 more agreements with any person (including a foreign gov15 ernment, international organization, multinational entity, 

16 or any other entity) that the Secretary of Defense considers 

17 appropriate under which the person contributes funds for 

18 purposes of the Biological Threat Reduction Program of the 

19 Department of Defense. 

20 (b) RETENTION AND USE OF AMOUNTS.—Notwith21 standing section 3302 of title 31, United States Code, and 

22 subject to subsections (c) and (d), the Secretary of Defense 

23 may retain and obligate or expend amounts contributed 

24 pursuant to subsection (a) for purposes of the Biological 

25 Threat Reduction Program. Amounts so contributed shall 
739 

† HR 2647 EAS 

1 be retained in a separate fund established in the Treasury 

2 for that purpose and shall be available to be obligated or 

3 expended without further appropriation. 

4 (c) RETURN OF AMOUNTS NOT OBLIGATED OR EX5 PENDED WITHIN THREE YEARS.—If the Secretary of De6 fense does not obligate or expend an amount contributed 

7 pursuant to subsection (a) by the date that is three years 

8 after the date on which the contribution was made, the Sec9 retary shall return the amount to the person who made the 

10 contribution. 

11 (d) NOTICE TO CONGRESSIONAL DEFENSE COMMIT12 TEES.— 

13 (1) IN GENERAL.—Not later than 30 days after 

14 receiving an amount contributed pursuant to sub15 section (a), the Secretary shall submit to the congres16 sional defense committees a notice— 

17 (A) specifying the value of the contribution 

18 and the purpose for which the contribution was 

19 made; and 

20 (B) identifying the person who made the 

21 contribution. 

22 (2) LIMITATION ON USE OF AMOUNTS.—The Sec23 retary may not obligate or expend an amount con24 tributed pursuant to subsection (a) until the date that 
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1 is 15 days after the date on which the Secretary sub2 mits the notice required by paragraph (1). 

3 (e) ANNUAL REPORT.—Not later than October 31 each 

4 year, the Secretary of Defense shall submit to the congres5 sional defense committees a report on amounts contributed 

6 pursuant to subsection (a) during the preceding fiscal year. 

7 Each such report shall include, for the fiscal year covered 

8 by the report, the following: 

9 (1) A statement of any amounts contributed pur10 suant to subsection (a), including, for each such 

11 amount, the value of the contribution and the identity 

12 of the person who made the contribution. 

13 (2) A statement of any amounts so contributed 

14 that were obligated or expended by the Secretary, in15 cluding, for each such amount, the purposes for which 

16 the amount was obligated or expended. 

17 (3) A statement of any amounts so contributed 

18 that were retained but not obligated or expended, in19 cluding, for each such amount, the purposes (if 

20 known) for which the Secretary intends to obligate or 

21 expend the amount. 

22 (f) TERMINATION.—The authority provided under this 

23 section shall terminate on December 31, 2015. 
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1 SEC. 1304. AUTHORIZATION OF USE OF COOPERATIVE 

2 THREAT REDUCTION PROGRAM FUNDS FOR 

3 BILATERAL AND MULTILATERAL NON4 PROLIFERATION AND DISARMAMENT ACTIVI5 TIES. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law and subject to subsection (b), the Secretary of 

8 Defense may obligate or expend not more than 10 percent 

9 of the funds authorized to be appropriated or otherwise 

10 made available for Cooperative Threat Reduction programs 

11 in a fiscal year to provide assistance for or to otherwise 

12 carry out bilateral or multilateral activities relating to 

13 nonproliferation or disarmament. 

14 (b) NOTIFICATION OF CONGRESSIONAL DEFENSE COM15 MITTEES.—The Secretary may obligate or expend funds 

16 pursuant to subsection (a) if, not less than 15 days before 

17 obligating or expending such funds— 

18 (1) the Secretary notifies the congressional de19 fense committees of the intent of the Secretary to obli20 gate or expend such funds; and 

21 (2) the President certifies to the congressional de22 fense committees that obligating or expending such 

23 funds is necessary to support the national security ob24 jectives of the United States. 
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1 TITLE XIV—OTHER 

2 AUTHORIZATIONS 

3 Subtitle A—Military Programs 

4 SEC. 1401. WORKING CAPITAL FUNDS. 

5 Funds are hereby authorized to be appropriated for fis6 cal year 2010 for the use of the Armed Forces and other 

7 activities and agencies of the Department of Defense for 

8 providing capital for working capital and revolving funds 

9 in amounts as follows: 

10 (1) For the Defense Working Capital Funds, 

11 $141,388,000. 

12 (2) For the Defense Working Capital Fund, De13 fense Commissary, $1,313,616,000. 

14 SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. 

15 Funds are hereby authorized to be appropriated for fis16 cal year 2010 for the National Defense Sealift Fund in the 

17 amount of $1,242,758,000. 

18 SEC. 1403. DEFENSE HEALTH PROGRAM. 

19 Funds are hereby authorized to be appropriated for the 

20 Department of Defense for fiscal year 2010 for expenses, not 

21 otherwise provided for, for the Defense Health Program, in 

22 the amount of $27,913,863,000, of which— 

23 (1) $26,993,919,000 is for Operation and Main24 tenance; 
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1 (2) $597,802,000 is for Research, Development, 

2 Test, and Evaluation; and 

3 (3) $322,142,000 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. 
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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 $1,077,784,000. 

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 $288,444,000, of which— 

14 (1) $286,444,000 is for Operation and Mainte15 nance; and 

16 (2) $2,000,000 is for Procurement. 

17 SEC. 1407. FUNDING TABLE. 

18 The amounts authorized to be appropriated by sections 

19 1401, 1402, 1403, 1404, 1405, and 1406 shall be available, 

20 in accordance with the requirements of section 4001, for 

21 projects, programs, and activities, and in the amounts, 

22 specified in the funding table in section 4401. 
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1 Subtitle B—National Defense 

2 Stockpile 

3 SEC. 1411. EXTENSION OF PREVIOUSLY AUTHORIZED DIS4 POSAL OF COBALT FROM NATIONAL DEFENSE 

5 STOCKPILE. 

6 Section 3305(a)(5) of the National Defense Authoriza7 tion Act for Fiscal Year 1998 (Public Law 105–85; 50 

8 U.S.C. 98d note), as most recently amended by section 

9 1412(b) of the Duncan Hunter National Defense Authoriza10 tion Act for Fiscal Year 2009 (Public Law 110–417; 122 

11 Stat. 4648), is further amended by striking ‘‘during fiscal 

12 year 2009’’ and inserting ‘‘by the end of fiscal year 2011’’. 

13 SEC. 1412. AUTHORIZATION FOR ACTIONS TO CORRECT THE 

14 INDUSTRIAL RESOURCE SHORTFALL FOR 

15 HIGH-PURITY BERYLLIUM METAL IN 

16 AMOUNTS NOT IN EXCESS OF $80,000,000. 

17 With respect to any action taken by the President 

18 under section 303 of the Defense Production Act of 1950 

19 (50 U.S.C. App. 2093) to correct the industrial resource 

20 shortfall for high-purity beryllium metal, the limitation in 

21 subsection (a)(6)(C) of such section shall be applied by sub22 stituting ‘‘$80,000,000’’ for ‘‘$50,000,000’’. 
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1 Subtitle C—Armed Forces 

2 Retirement Home 

3 SEC. 1421. AUTHORIZATION OF APPROPRIATIONS FOR 

4 ARMED FORCES RETIREMENT HOME. 

5 There is authorized to be appropriated for fiscal year 

6 2010 from the Armed Forces Retirement Home Trust Fund 

7 the sum of $134,000,000 for the operation of the Armed 

8 Forces Retirement Home. 

9 TITLE XV—OVERSEAS 

10 CONTINGENCY OPERATIONS 

11 SEC. 1501. PURPOSE. 

12 The purpose of this title is to authorize appropriations 

13 for the Department of Defense for fiscal year 2010 to pro14 vide additional funding for overseas contingency operations 

15 of the Department of Defense in that fiscal year. 

16 SEC. 1502. ARMY PROCUREMENT. 

17 Funds are hereby authorized to be appropriated for fis18 cal year 2010 for procurement accounts for the Army in 

19 amounts as follows: 

20 (1) For aircraft procurement, $1,636,229,000. 

21 (2) For missile procurement, $531,570,000. 

22 (3) For weapons and tracked combat vehicles 

23 procurement, $759,466,000. 

24 (4) For ammunition procurement, $370,635,000. 

25 (5) For other procurement, $6,329,966,000. 
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1 (6) For the Joint Improvised Explosive Device 

2 Defeat Fund, $2,099,850,000. 

3 SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT. 

4 (a) NAVY.—Funds are hereby authorized to be appro5 priated for fiscal year 2010 for procurement accounts for 

6 the Navy in amounts as follows: 

7 (1) For aircraft procurement, $916,553,000. 

8 (2) For weapons procurement, $73,700,000. 

9 (3) For other procurement, $318,018,000. 

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

11 be appropriated for fiscal year 2010 for the procurement 

12 account for the Marine Corps in the amount of 

13 $1,164,445,000. 

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

15 are hereby authorized to be appropriated for fiscal year 

16 2010 for the procurement account for ammunition for the 

17 Navy and the Marine Corps in the amount of $710,780,000. 

18 SEC. 1504. AIR FORCE PROCUREMENT. 

19 Funds are hereby authorized to be appropriated for fis20 cal year 2010 for procurement accounts for the Air Force 

21 in amounts as follows: 

22 (1) For aircraft procurement, $896,441,000. 

23 (2) For missile procurement, $36,625,000. 

24 (3) For ammunition procurement, $256,819,000. 

25 (4) For other procurement, $2,321,549,000. 
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1 SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for fis3 cal year 2010 for the procurement account for Defense-wide 

4 activities as follows: 

5 (1) For Defense-wide procurement, $491,430,000. 

6 (2) For the Mine Resistant Ambush Protected 

7 Vehicle Fund, $5,456,000,000. 

8 SEC. 1506. RESEARCH, DEVELOPMENT, TEST, AND EVALUA9 TION. 

10 Funds are hereby authorized to be appropriated for fis11 cal year 2010 for the use of the Department of Defense for 

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

13 (1) For the Army, $57,962,000. 

14 (2) For the Navy, $107,180,000. 

15 (3) For the Air Force, $29,286,000. 

16 (4) For Defense-wide activities, $115,826,000. 

17 SEC. 1507. OPERATION AND MAINTENANCE. 

18 Funds are hereby authorized to be appropriated for fis19 cal year 2010 for the use of the Armed Forces for expenses, 

20 not otherwise provided for, for operation and maintenance, 

21 in amounts as follows: 

22 (1) For the Army, $52,070,661,000. 

23 (2) For the Navy, $5,650,733,000. 

24 (3) For the Marine Corps, $3,701,600,000. 

25 (4) For the Air Force, $10,026,868,000. 

26 (5) For Defense-wide activities, $7,578,300,000 
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1 (6) For the Army Reserve, $204,326,000. 

2 (7) For the Navy Reserve, $68,059,000. 

3 (8) For the Marine Corps Reserve, $86,667,000. 

4 (9) For the Air Force Reserve, $125,925,000. 

5 (10) For the Army National Guard, 

6 $321,646,000. 

7 (11) For the Air National Guard, $289,862,000. 

8 (12) For the Afghanistan Security Forces Fund, 

9 $7,462,769,000. 

10 (13) For the Iraq Freedom Fund, $115,300,000. 

11 SEC. 1508. MILITARY PERSONNEL. 

12 There is hereby authorized to be appropriated for fiscal 

13 year 2010 for the Department of Defense for military per14 sonnel in the amount of $13,586,341,000. 

15 SEC. 1509. WORKING CAPITAL FUNDS. 

16 Funds are hereby authorized to be appropriated for fis17 cal year 2010 for the use of the Armed Forces and other 

18 activities and agencies of the Department of Defense for 

19 providing capital for working capital and revolving funds 

20 in the amount of $396,915,000, for the Defense Working 

21 Capital Funds. 

22 SEC. 1510. DEFENSE HEALTH PROGRAM. 

23 Funds are hereby authorized to be appropriated for the 

24 Department of Defense for fiscal year 2010 for expenses, not 

25 otherwise provided for, for the Defense Health Program in 
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1 the amount of $1,155,235,000 for operation and mainte2 nance. 

3 SEC. 1511. DRUG INTERDICTION AND COUNTER-DRUG AC4 TIVITIES, DEFENSE-WIDE. 

5 Funds are hereby authorized to be appropriated for the 

6 Department of Defense for fiscal year 2010 for expenses, not 

7 otherwise provided for, for Drug Interdiction and Counter8 Drug Activities, Defense-wide in the amount of 

9 $324,603,000. 

10 SEC. 1512. DEFENSE INSPECTOR GENERAL. 

11 Funds are hereby authorized to be appropriated for the 

12 Department of Defense for fiscal year 2010 for expenses, not 

13 otherwise provided for, for the Office of the Inspector Gen14 eral of the Department of Defense in the amount of 

15 $8,876,000. 

16 SEC. 1513. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

17 The amounts authorized to be appropriated by this 

18 title are in addition to amounts otherwise authorized to be 

19 appropriated by this Act. 

20 SEC. 1514. FUNDING TABLES. 

21 (a) AMOUNTS FOR PROCUREMENT.—The amounts au22 thorized to be appropriated by sections 1502, 1503, 1504, 

23 and 1505 shall be available, in accordance with the require24 ments of section 4001, for projects, programs, and activities, 
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1 and in the amounts, specified in the funding table in section 

2 4102. 

3 (b) AMOUNTS FOR RESEARCH, DEVELOPMENT, TEST, 

4 AND EVALUATION.—The amounts authorized to be appro5 priated by section 1506 shall be available, in accordance 

6 with the requirements of section 4001, for projects, pro7 grams, and activities, and in the amounts, specified in the 

8 funding table in section 4202. 

9 (c) AMOUNTS FOR OPERATION AND MAINTENANCE.— 

10 The amounts authorized to be appropriated by section 1507 

11 shall be available, in accordance with the requirements of 

12 section 4001, for projects, programs, and activities, and in 

13 the amounts, specified in the funding table in section 4302. 

14 (d) OTHER AMOUNTS.—The amounts authorized to be 

15 appropriated by sections 1509, 1510, 1511, and 1512 shall 

16 be available, in accordance with the requirements of section 

17 4001, for projects, programs, and activities, and in the 

18 amounts, specified in the funding table in section 4402. 

19 SEC. 1515. SPECIAL TRANSFER AUTHORITY. 

20 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

21 (1) AUTHORITY.—Upon determination by the 

22 Secretary of Defense that such action is necessary in 

23 the national interest, the Secretary may transfer 

24 amounts of authorizations made available to the De25 partment of Defense in this title for fiscal year 2010 
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1 between any such authorizations for that fiscal year 

2 (or any subdivisions thereof). Amounts of authoriza3 tions so transferred shall be merged with and be 

4 available for the same purposes as the authorization 

5 to which transferred. 

6 (2) LIMITATION.—The total amount of author7 izations that the Secretary may transfer under the 

8 authority of this subsection may not exceed 

9 $4,500,000,000. 

10 (b) TERMS AND CONDITIONS.—Transfers under this 

11 section shall be subject to the same terms and conditions 

12 as transfers under section 1001. 

13 (c) ADDITIONAL AUTHORITY.—The transfer authority 

14 provided by this section is in addition to the transfer au15 thority provided under section 1001. 

16 SEC. 1516. LIMITATIONS ON AVAILABILITY OF FUNDS IN AF17 GHANISTAN SECURITY FORCES FUND. 

18 Funds appropriated pursuant to the authorization of 

19 appropriations for the Afghanistan Security Forces Fund 

20 in section 1507(12) shall be subject to the conditions con21 tained in subsections (b) through (g) of section 1513 of the 

22 National Defense Authorization Act for Fiscal Year 2008 

23 (Public Law 110–181; 122 Stat. 428). 
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1 SEC. 1517. AVAILABILITY OF FUNDS IN PAKISTAN COUNTER2 INSURGENCY FUND. 

3 (a) AVAILABILITY.— 

4 (1) IN GENERAL.—Funds authorized to be appro5 priated for the Department of State for fiscal year 

6 2010 that are transferred by the Secretary of State to 

7 the Secretary of Defense during that fiscal year for 

8 the Pakistan Counterinsurgency Fund shall be merged 

9 with amounts in the Pakistan Counterinsurgency 

10 Fund and available subject to the provisions of this 

11 section. 

12 (2) INITIAL ASSESSMENT REQUIRED BEFORE USE

13 OF FUNDS.—Funds available under this section may 

14 not be utilized until the Secretary of Defense submits 

15 to the appropriate committees of Congress a report 

16 setting forth an assessment by the Secretary as to 

17 whether the Government of Pakistan is committed to 

18 confronting the threat posed by Al Qaeda, the 

19 Taliban, and other militant extremists based on a de20 termination by the Government of Pakistan that— 

21 (A) these groups pose a threat to the na22 tional interests of Pakistan; and 

23 (B) confronting the threat posed by these 

24 groups is critical to the national interests of 

25 Pakistan. 

26 (b) USE OF FUNDS.— 
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1 (1) IN GENERAL.—Funds in the Pakistan Coun2 terinsurgency Fund pursuant to a transfer under sub3 section (a) shall be available to the Secretary of De4 fense to provide assistance to the security forces of 

5 Pakistan to build the counterinsurgency capability of 

6 the Pakistan military forces and the Pakistan Fron7 tier Corps. 

8 (2) TYPES OF ASSISTANCE.—Assistance provided 

9 under this subsection may include the provision of 

10 equipment, supplies, services, training, facility and 

11 infrastructure repair, renovation, construction and 

12 funding. 

13 (3) URGENT HUMANITARIAN RELIEF AND RECON14 STRUCTION.—In addition to the assistance referred to 

15 in paragraph (2), up to $4,000,000 of the funds in 

16 the Pakistan Counterinsurgency Fund pursuant to a 

17 transfer described in subsection (a) may be used for 

18 a program to respond to urgent humanitarian relief 

19 and reconstruction requirements that will imme20 diately assist Pakistani people affected by military 

21 operations. 

22 (c) AUTHORITY IN ADDITION TO OTHER AUTHORI23 TIES.—The authority to provide assistance under this sec24 tion is in addition to any other authority to provide assist25 ance to foreign nations. 
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1 (d) TRANSFERS AUTHORITY.— 

2 (1) TRANSFERS AUTHORIZED.—Subject to para3 graph (2), funds in the Pakistan Counterinsurgency 

4 Fund pursuant to a transfer described in subsection 

5 (a) may be transferred by the Secretary of Defense 

6 from the Pakistan Counterinsurgency Fund to any of 

7 the following accounts and funds of the Department 

8 of Defense to accomplish the purposes specified in sub9 section (b): 

10 (A) Operation and maintenance accounts. 

11 (B) Procurement accounts. 

12 (C) Research, development, test, and evalua13 tion accounts. 

14 (D) Defense working capital funds. 

15 (E) Overseas Humanitarian, Disaster, and 

16 Civic Aid account. 

17 (2) ADDITIONAL AUTHORITY.—The transfer au18 thority provided by paragraph (1) is in addition to 

19 any other transfer authority available to the Depart20 ment of Defense. 

21 (3) EFFECT ON AUTHORIZATION AMOUNTS.—A 

22 transfer of an amount to an account under the au23 thority in paragraph (1) shall be deemed to increase 

24 the amount authorized for such account by an 

25 amount equal to the amount transferred. 
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1 (e) PRIOR NOTICE TO CONGRESS OF TRANSFER.— 

2 Funds in the Pakistan Counterinsurgency Fund pursuant 

3 to a transfer described in subsection (a) may not be trans4 ferred under subsection (d)(1) from the Pakistan Counter5 insurgency Fund until 15 days after the date on which the 

6 Secretary of Defense notifies the appropriate committees of 

7 Congress in writing of the details of the proposed transfer. 

8 (f) QUARTERLY REPORTS.—Not later than 30 days 

9 after the end of each fiscal-year quarter of fiscal years 2010 

10 and 2011, the Secretary of Defense shall submit to the ap11 propriate committees of Congress a report summarizing the 

12 details of any obligation or transfer of funds from the Paki13 stan Counterinsurgency Fund under this section during 

14 such fiscal-year quarter. 

15 (g) DURATION OF AUTHORITY.—Amounts transferred 

16 to the Pakistan Counterinsurgency Fund as described in 

17 subsection (a) are available for obligation or transfer from 

18 the Pakistan Counterinsurgency Fund in accordance with 

19 this section until September 30, 2011. 

20 (h) APPROPRIATE COMMITTEES OF CONGRESS DE21 FINED.—In this section, the term ‘‘appropriate committees 

22 of Congress’’ means— 

23 (1) the Committee on Armed Services, the Com24 mittee on Foreign Relations, and the Committee on 

25 Appropriations of the Senate; and 
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1 (2) the Committee on Armed Services, the Com2 mittee on Foreign Affairs, and the Committee on Ap3 propriations of the House of Representatives. 

4 DIVISION B—MILITARY CON5 STRUCTION AUTHORIZA6 TIONS 

7 SEC. 2001. SHORT TITLE. 

8 This division may be cited as the ‘‘Military Construc9 tion Authorization Act for Fiscal Year 2010’’. 

10 SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND 

11 AMOUNTS REQUIRED TO BE SPECIFIED BY 

12 LAW. 

13 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

14 YEARS.—Except as provided in subsection (b), all author15 izations contained in titles XXI through XXVII for military 

16 construction projects, land acquisition, family housing 

17 projects and facilities, and contributions to the North At18 lantic Treaty Organization Security Investment Program 

19 (and authorizations of appropriations therefor) shall expire 

20 on the later of— 

21 (1) October 1, 2012; or 

22 (2) the date of the enactment of an Act author23 izing funds for military construction for fiscal year 

24 2013. 
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1 (b) EXCEPTION.—Subsection (a) shall not apply to au2 thorizations for military construction projects, land acqui3 sition, family housing projects and facilities, and contribu4 tions to the North Atlantic Treaty Organization Security 

5 Investment Program (and authorizations of appropriations 

6 therefor), for which appropriated funds have been obligated 

7 before the later of— 

8 (1) October 1, 2012; or 

9 (2) the date of the enactment of an Act author10 izing funds for fiscal year 2013 for military construc11 tion projects, land acquisition, family housing 

12 projects and facilities, or contributions to the North 

13 Atlantic Treaty Organization Security Investment 

14 Program. 

15 SEC. 2003. EFFECTIVE DATE. 

16 Titles XXI through XXVII shall take effect on the later 

17 of— 

18 (1) October 1, 2009; or 

19 (2) the date of the enactment of this Act. 

20 SEC. 2004. FUNDING TABLES. 

21 (a) IN GENERAL.—The amounts authorized to be ap22 propriated by sections 2104, 2204, 2304, 2404, 2411, 2502, 

23 and 2606 shall be available, in accordance with the require24 ments of section 4001, for projects, programs, and activities, 
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1 and in the amounts, specified in the funding table in section 

2 4501. 

3 (b) BASE CLOSURE AND REALIGNMENT ACTIVITIES.— 

4 The amounts authorized to be appropriated by section 2703 

5 shall be available, in accordance with the requirements of 

6 section 4001, for projects, programs, and activities, and in 

7 the amounts, specified in the funding table in section 4502. 

8 (c) PROJECTS FUNDED BY AMERICAN RECOVERY AND

9 REINVESTMENT ACT OF 2009.—The amounts authorized by 

10 section 2801 shall be available, in accordance with the re11 quirements of section 4001, for projects, programs, and ac12 tivities, and in the amounts, specified in the funding table 

13 in section 4503. 

14 (d) OVERSEAS CONTINGENCY OPERATIONS.—The 

15 amounts authorized to be appropriated by sections 2901 

16 and 2902 shall be available, in accordance with the require17 ments of section 4001, for projects, programs, and activities, 

18 and in the amounts, specified in the funding table in section 

19 4504. 

20 SEC. 2005. TECHNICAL CORRECTIONS REGARDING CERTAIN 

21 MILITARY CONSTRUCTION PROJECTS, NEW 

22 MEXICO. 

23 Notwithstanding the table in section 4501, the amounts 

24 available for the following projects at the following installa25 tions shall be as follows: 
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Air Force: Inside the United States 

State Installation Project Title 

Senate Authorized 

Amount 

New Mexico ... Holloman Air Force 

Base ....................... Fire-Crash Rescue Station ... $0 

Special Operations Command 

State Installation Project Title 

Senate Authorized 

Amount 

New Mexico ... Cannon Air Force 

Base ....................... SOF AC 130 Loadout Apron 

Phase 1 .............................. $6,000,000 

1 TITLE XXI—ARMY 

2 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND 

3 ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations 

6 in section 2104(a)(1), the Secretary of the Army may ac7 quire real property and carry out military construction 

8 projects for the installations or locations inside the United 

9 States, and in the amounts, set forth in the following table: 

Army: Inside the United States 

State Installation or Location Amount 

Alaska ......................... Fort Richardson ................................................ $56,050,000 

Fort Wainwright ............................................... $198,000,000 

Alabama ..................... Redstone Arsenal ............................................... $3,550,000 

Arizona ...................... Fort Huachuca .................................................. $21,000,000 

Arkansas .................... Pine Bluff Arsenal ............................................ $25,000,000 

California .................. Fort Irwin .......................................................... $9,500,000 

Colorado ..................... Fort Carson ........................................................ $233,400,000 

Florida ....................... Eglin Air Force Base ........................................ $132,800,000 

Georgia ....................... Fort Benning ..................................................... $295,300,000 

Fort Gillem ........................................................ $10,800,000 

Fort Stewart/Hunter Army Air Field ............. $105,967,000 

Hawaii ....................... Schofield Barracks ............................................. $184,000,000 

Wheeler Army Air Field ................................... $7,500,000 

Kansas ....................... Fort Riley .......................................................... $168,500,000 

Kentucky .................... Fort Knox .......................................................... $70,000,000 

Louisiana ................... Fort Polk ............................................................ $49,000,000 

Maryland ................... Aberdeen Proving Ground ................................ $15,500,000 

Fort Detrick ....................................................... $39,000,000 

Missouri ..................... Fort Leonard Wood ........................................... $163,000,000 
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Army: Inside the United States—Continued 

State Installation or Location Amount 

New York .................... Fort Drum ......................................................... $84,500,000 

North Carolina .......... Fort Bragg ......................................................... $113,650,000 

Sunny Point (Military Ocean Terminal) ....... $28,900,000 

Oklahoma ................... Fort Sill ............................................................. $90,500,000 

McAlester Army Ammunition Plant ............... $12,500,000 

South Carolina .......... Fort Jackson ...................................................... $103,500,00 

Naval Weapons Station, Charleston ................ $21,800,000 

Texas .......................... Fort Bliss ........................................................... $219,400,000 

Fort Hood .......................................................... $32,100,000 

Fort Sam Houston ............................................ $19,800,000 

Utah ........................... Dugway Proving Ground ................................. $25,000,000 

Virginia ..................... Fort A.P. Hill .................................................... $23,000,000 

Fort Belvoir ....................................................... $17,900,000 

Fort Eustis ......................................................... $8,900,000 

Washington ................ Fort Lewis .......................................................... $9,700,000 

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 Airfield ............................................. $106,600,000 

Germany ....................... Ansbach ........................................................... $31,700,000 

Kleber Kaserne ................................................ $20,000,000 

Japan ............................ Okinawa .......................................................... $6,000,000 

Sagamihara .................................................... $6,000,000 

Korea ............................. Camp Humphreys .......................................... $50,200,000 

Kuwait .......................... Camp Arifjan .................................................. $82,000,000 

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 
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1 installations or locations, in the number of units, and in 

2 the amounts set forth in the following table: 

Army: Family Housing 

Country Installation or Location Units Amount 

Germany .......................... Baumholder ..................... 38 ..................... $18,000,000 

3 (b) PLANNING AND DESIGN.—Using amounts appro4 priated pursuant to the authorization of appropriations in 

5 section 2104(a)(5)(A), the Secretary of the Army may carry 

6 out architectural and engineering services and construction 

7 design activities with respect to the construction or im8 provement of family housing units in an amount not to 

9 exceed $3,936,000. 

10 SEC. 2103. 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 2104(a)(5)(A), the Sec15 retary of the Army may improve existing military family 

16 housing units in an amount not to exceed $219,300,000. 

17 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

18 (a) IN GENERAL.—Funds are hereby authorized to be 

19 appropriated for fiscal years beginning after September 30, 

20 2009, for military construction, land acquisition, and mili21 tary family housing functions of the Department of the 

22 Army in the total amount of $4,262,800,000 as follows: 
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1 (1) For military construction projects inside the 

2 United States authorized by section 2101(a), 

3 $2,619,217,000. 

4 (2) For military construction projects outside the 

5 United States authorized by section 2101(b), 

6 $302,500,000. 

7 (3) For unspecified minor military construction 

8 projects authorized by section 2805 of title 10, United 

9 States Code, $23,000,000. 

10 (4) For architectural and engineering services 

11 and construction design under section 2807 of title 

12 10, United States Code, $178,029,000. 

13 (5) For military family housing functions: 

14 (A) For construction and acquisition, plan15 ning and design, and improvement of military 

16 family housing and facilities, $241,236,000. 

17 (B) For support of military family housing 

18 (including the functions described in section 

19 2833 of title 10, United States Code), 

20 $523,418,000. 

21 (6) For the construction of increment 4 of a bri22 gade complex at Fort Lewis, Washington, authorized 

23 by section 2101(a) of the Military Construction Au24 thorization Act for Fiscal Year 2007 (division B of 

25 Public Law 109–364; 120 Stat. 2445), as amended by 
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1 section 20814 of the Continuing Appropriations Reso2 lution, 2007 (division B of Public Law 109–289), as 

3 added by section 2 of the Revised Continuing Resolu4 tion, 2007 (Public Law 110–5; 121 Stat 41), 

5 $102,000,000. 

6 (7) For the construction of increment 3 of a bri7 gade complex operational support facility at Vicenza, 

8 Italy, authorized by section 2101(b) of the Military 

9 Construction Authorization Act for Fiscal Year 2008 

10 (division B of Public Law 110–181; 122 Stat. 505), 

11 $23,500,000. 

12 (8) For the construction of increment 3 of a bri13 gade complex barracks and community support facil14 ity at Vicenza, Italy, authorized by section 2101(b) of 

15 the Military Construction Authorization Act for Fis16 cal Year 2008 (division B of Public Law 110–181; 

17 122 Stat. 505), $22,500,000. 

18 (9) For the construction of increment 3 of the 

19 United States Southern Command Headquarters at 

20 Miami Doral, Florida, authorized by section 2101(a) 

21 of the Military Construction Authorization Act for 

22 Fiscal Year 2008 (division B of Public Law 110–181; 

23 122 Stat. 504), $55,400,000. 

24 (10) For the construction of increment 2 of a 

25 barracks and dining complex at Fort Carson, Colo-
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1 rado, authorized by section 2101(a) of the Military 

2 Construction Authorization Act for Fiscal Year 2009 

3 (division B of Public Law 110–417; 122 Stat. 4659), 

4 $60,000,000. 

5 (11) For the construction of increment 2 of a 

6 barracks and dining complex at Fort Stewart/Hunter 

7 Army Air Field, Georgia, authorized by section 

8 2101(a) of the Military Construction Authorization 

9 Act for Fiscal Year 2009 (division B of Public Law 

10 110–417; 122 Stat. 4659), $80,000,000. 

11 (12) For the construction of increment 2 of the 

12 family housing replacement construction at Wies13 baden Air Base, Germany, authorized by section 

14 2102(a) of the Military Construction Authorization 

15 Act for Fiscal Year 2009 (division B of Public Law 

16 110–417; 122 Stat. 4663), $10,000,000. 

17 (13) For the construction of increment 2 of the 

18 family housing replacement construction at Wies19 baden Air Base, Germany, authorized by section 

20 2102(a) of the Military Construction Authorization 

21 Act for Fiscal Year 2009 (division B of Public Law 

22 110–417; 122 Stat. 4663), $11,000,000. 

23 (14) For the construction of increment 2 of the 

24 family housing replacement construction at Wies25 baden Air Base, Germany, authorized by section 
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1 2102(a) of the Military Construction Authorization 

2 Act for Fiscal Year 2009 (division B of Public Law 

3 110–417; 122 Stat. 4663), $11,000,000. 

4 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

5 PROJECTS.—Notwithstanding the cost variations author6 ized by section 2853 of title 10, United States Code, and 

7 any other cost variation authorized by law, the total cost 

8 of all projects carried out under section 2101 of this Act 

9 may not exceed the sum of the following: 

10 (1) The total amount authorized to be appro11 priated under paragraphs (1) and (2) of subsection 

12 (a). 

13 (2) $25,000,000 (the balance of the amount au14 thorized under section 2101(b) of the Military Con15 struction Authorization Act for Fiscal Year 2008 (di16 vision B of Public Law 110–181; 122 Stat. 505) for 

17 construction of a brigade complex operations support 

18 facility at Vicenza, Italy. 

19 (3) $26,000,000 (the balance of the amount au20 thorized under section 2101(b) of the Military Con21 struction Authorization Act for Fiscal Year 2008 (di22 vision B of Public Law 110–181; 122 Stat. 505) for 

23 construction of a brigade complex operations support 

24 facility at Vicenza, Italy. 
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1 SEC. 2105. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2006 PROJECTS. 

3 (a) EXTENSION.—Notwithstanding section 2701 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

6 the authorizations set forth in the table in subsection (b), 

7 as provided in section 2101 of that Act (119 Stat. 3485), 

8 shall remain in effect until October 1, 2010, or the date 

9 of the enactment of an Act authorizing funds for military 

10 construction for fiscal year 2011, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 as follows: 

Army: Extension of 2006 Project Authorizations 

State/Country Installation or 

Location Project Amount 

Hawaii ............... Pohakuloa 

Training Area.

Tactical Vehicle Wash Facility .... $9,207,000 

Pohakuloa 

Training Area.

Battle Area Complex ..................... $33,660,000 

13 TITLE XXII—NAVY 

14 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND 

15 ACQUISITION PROJECTS. 

16 (a) INSIDE THE UNITED STATES.—Using amounts ap17 propriated pursuant to the authorization of appropriations 

18 in section 2204(a)(1), the Secretary of the Navy may ac19 quire real property and carry out military construction 

20 projects for the installations or locations inside the United 

21 States, and in the amounts, set forth in the following table: 
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Inside the United States 

State Installation or Location Amount 

Arizona ........................ Marine Corps Air Station, Yuma .................. $28,770,000 

California .................... Mountain Warfare Training Center, Bridgeport.$4,460,000 

Edwards Air Force Base ................................. $3,007,000 

Marine Corps Air Station, Miramar ............. $9,280,000 

Marine Corps Base, Pendleton ....................... $775,162,000 

Naval Base Point Loma .................................. $8,730,000 

Marine Corps Recruit Depot, San Diego ....... $23,590,000 

Marine Air Ground Combat Center 

Twentynine Palms.

$513,680,000 

Florida ......................... Marine Corps Support Facility, Blount Island.$3,760,000 

Eglin Air Force Base ...................................... $50,847,000 

Naval Air Station, Jacksonville ..................... $5,917,000 

Naval Air Station, Whiting Field .................. $4,120,000 

Naval Station, Mayport .................................. $75,985,000 

Pensacola .......................................................... $26,161,000 

Hawaii ........................ Naval Station Pearl Harbor ........................... $65,542,000 

Marine Corps Base, Hawaii ........................... $5,380,000 

Indiana ........................ Naval Support Activity Crane ....................... $13,710,000 

Maine ........................... Portsmouth Naval Shipyard ........................... $7,100,000 

Nevada ......................... Naval Air Station Fallon ............................... $11,450,000 

North Carolina ............ Marine Corps Air Station, Cherry Point ...... $22,960,000 

Marine Corps Air Station, New River .......... $107,090,000 

Marine Corps Base, Camp Lejeune ................ $673,570,000 

Rhode Island ............... Naval Station, Newport .................................. $56,353,000 

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 

Virginia ....................... Dahlgren ........................................................... $3,660,000 

Marine Corps Base, Quantico ......................... $105,240,000 

Naval Amphibious Base, Little Creek ............ $13,095,000 

Naval Station, Norfolk .................................... $18,139,000 

Norfolk Naval Shipyard .................................. $226,969,000 

Washington .................. Bremerton ......................................................... $69,064,000 

Spokane ............................................................ $12,707,000 

West Virginia .............. Naval Security Group, Sugar Grove .............. $9,650,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(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 ........................ Djibouti .............................................................. $41,845,000 

Guam ............................ Naval Activities, Guam .................................... $286,829,000 

Spain ............................ Naval Station, Rota .......................................... $26,278,000 
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1 SEC. 2202. FAMILY HOUSING. 

2 (a) CONSTRUCTION AND ACQUISITION.—Using 

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(5)(A), the Secretary of the 

5 Navy may construct or acquire family housing units (in6 cluding land acquisition and supporting facilities) at the 

7 installations or locations, in the number of units, and in 

8 the amounts 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 

9 (b) PLANNING AND DESIGN.—Using amounts appro10 priated pursuant to the authorization of appropriations in 

11 section 2204(a)(5)(A), the Secretary of the Navy may carry 

12 out architectural and engineering services and construction 

13 design activities with respect to the construction or im14 provement of family housing units in an amount not to 

15 exceed $2,771,000. 

16 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

17 UNITS. 

18 Subject to section 2825 of title 10, United States Code, 

19 and using amounts appropriated pursuant to the author20 ization of appropriations in section 2204(a)(5)(A), the Sec-
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1 retary of the Navy may improve existing military family 

2 housing units in an amount not to exceed $118,692,000. 

3 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

4 (a) IN GENERAL.—Funds are hereby authorized to be 

5 appropriated for fiscal years beginning after September 30, 

6 2009, for military construction, land acquisition, and mili7 tary family housing functions of the Department of the 

8 Navy in the total amount of $4,053,880,000, as follows: 

9 (1) For military construction projects inside the 

10 United States authorized by section 2201(a), 

11 $2,756,105,000. 

12 (2) For military construction projects outside the 

13 United States authorized by section 2201(b), 

14 $229,445,000. 

15 (3) For unspecified minor military construction 

16 projects authorized by section 2805 of title 10, United 

17 States Code, $12,483,000. 

18 (4) For architectural and engineering services 

19 and construction design under section 2807 of title 

20 10, United States Code, $166,896,000. 

21 (5) For military family housing functions: 

22 (A) For construction and acquisition, plan23 ning and design, and improvement of military 

24 family housing and facilities, $146,569,000. 
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1 (B) For support of military family housing 

2 (including functions described in section 2833 of 

3 title 10, United States Code), $368,540,000. 

4 (6) For the construction of increment 3 of a sub5 marine drive-in magnetic silencing facility at Naval 

6 Base Pearl Harbor, Hawaii, authorized by section 

7 2201(a) of the Military Construction Authorization 

8 Act for Fiscal Year 2008 (division B of Public Law 

9 110–181; 122 Stat. 510), $8,645,000. 

10 (7) For the construction of increment 6 of the 

11 limited area production and storage complex at Ban12 gor, Washington, authorized by section 2201(a) of the 

13 Military Construction Authorization Act for Fiscal 

14 Year 2005 (division B of Public Law 108–375; 118 

15 Stat. 2106), $87,292,000. 

16 (8) For the construction of increment 2 of en17 clave fencing at Naval Submarine Base, Bangor, 

18 Washington, authorized by section 2201(a) of the 

19 Military Construction Authorization Act for Fiscal 

20 Year 2006 (division B of Public Law 109–163; 119 

21 Stat. 3490), as amended by section 2205 of this Act, 

22 $67,419,000. 

23 (9) For the construction of the first increment of 

24 a ship repair pier replacement at Norfolk Naval 
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1 Shipyard, Virginia, authorized by section 2201(a), 

2 $126,969,000. 

3 (10) For the construction of the first increment 

4 of a wharves improvement, Apra Harbor, Guam, au5 thorized by section 2201(b), $83,517,000. 

6 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

7 PROJECTS.—Notwithstanding the cost variations author8 ized by section 2853 of title 10, United States Code, and 

9 any other cost variation authorized by law, the total cost 

10 of all projects carried out under section 2201 of this Act 

11 may not exceed the sum of the following: 

12 (1) The total amount authorized to be appro13 priated under paragraphs (1) and (2) of subsection 

14 (a). 

15 (2) $100,000,000 (the balance of the amount au16 thorized under section 2202(a) for Ship Repair Pier 

17 Replacement at the Norfolk Naval Shipyard, Vir18 ginia). 

19 (3) $83,516,000 (the balance of the amount of 

20 $167,033,000 authorized under section 2202(b) for 

21 wharves improvements, Apra Harbor, Guam). 
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1 SEC. 2205. MODIFICATION AND EXTENSION OF AUTHORITY 

2 TO CARRY OUT CERTAIN FISCAL YEAR 2006 

3 PROJECT. 

4 (a) MODIFICATION.—The table in section 2201(a) of 

5 the Military Construction Authorization Act for Fiscal Year 

6 2006 (division B of Public Law 109–163; 119 Stat. 3490) 

7 is amended in the item relating to Naval Submarine Base, 

8 Bangor, Washington, by striking ‘‘$60,160,000’’ and insert9 ing ‘‘$127,163,000’’. 

10 (b) CONFORMING AMENDMENT.—Section 2204(b) of 

11 that Act (119 Stat. 3492) is amended by adding at the end 

12 the following new subparagraph: 

13 ‘‘(11) $67,003,000 (the balance of the amount 

14 authorized under section 2201(a) for construction of 

15 a waterfront security enclave at Naval Submarine 

16 Base, Bangor, Washington).’’. 

17 (c) EXTENSION.—Notwithstanding section 2701 of the 

18 Military Construction Authorization Act for Fiscal Year 

19 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

20 the authorization relating to enclave fencing/parking at 

21 Naval Submarine Base, Bangor, Washington (formerly re22 ferred to as a project at Naval Submarine Base, Bangor, 

23 Washington), as provided in section 2201 of that Act, shall 

24 remain in effect until October 1, 2012, or the date of an 

25 Act authorizing funds for military construction for fiscal 

26 year 2013, whichever is later. 
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1 TITLE XXIII—AIR FORCE 

2 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND 

3 LAND ACQUISITION PROJECTS. 

4 (a) INSIDE THE UNITED STATES.—Using amounts ap5 propriated pursuant to the authorization of appropriations 

6 in section 2304(1), the Secretary of the Air Force may ac7 quire real property and carry out military construction 

8 projects for the installations or locations inside the United 

9 States, and in the amounts, set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ..................................... Clear Air Force Station ................... $24,300,000 

Eielson Air Force Base ..................... $13,350,000 

Elmendorf Air Force Base ............... $15,700,000 

Arizona ................................... Davis-Monthan Air Force Base ....... $41,900,000 

Arkansas ................................. Little Rock Air Force Base .............. $16,200,000 

California ............................... Travis Air Force Base ...................... $6,900,000 

Vandenberg Air Force Base ............. $13,000,000 

Colorado ................................. Peterson Air Force Base ................... $25,100,000 

United States Air Force Academy .. $17,500,000 

Delaware ................................. Dover Air Force Base ....................... $24,900,000 

Florida .................................... Eglin Air Force Base ....................... $59,800,000 

Hurlburt Field .................................. $10,500,000 

MacDill Air Force Base ................... $38,300,000 

Patrick Air Force Base .................... $8,400,000 

Georgia ................................... Moody Air Force Base ...................... $8,900,000 

Hawaii ................................... Wheeler Air Force Base .................... $15,000,000 

Idaho ....................................... Mountain Home Air Force Base ..... $20,000,000 

Illinois .................................... Scott Air Force Base ........................ $7,400,000 

Louisiana ............................... Barksdale Air Force Base ................ $12,800,000 

Maryland ................................ Andrews Air Force Base .................. $9,300,000 

Nebraska ................................. Offutt Air Force Base ....................... $10,400,000 

Nevada .................................... Creech Air Force Base ...................... $2,700,000 

New Mexico ............................ Cannon Air Force Base .................... $15,000,000 

Holloman Air Force Base ................ $15,500,000 

North Carolina ....................... Pope Air Force Base ......................... $7,700,000 

North Dakota ......................... Grand Forks Air Force Base ........... $12,000,000 

Minot Air Force Base ....................... $11,500,000 

Ohio ........................................ Wright-Patterson Air Force Base .... $58,600,000 

Oklahoma ............................... Altus Air Force Base ........................ $20,300,000 

Tinker Air Force Base ...................... $13,037,000 

Vance Air Force Base ....................... $10,700,000 

South Dakota ......................... Ellsworth Air Force Base ................. $14,500,000 

Texas ....................................... Dyess Air Force Base ....................... $4,500,000 

Goodfellow Air Force Base ............... $44,400,000 

Lackland Air Force Base ................. $113,879,000 

Sheppard Air Force Base ................. $11,600,000 

Utah ........................................ Hill Air Force Base .......................... $21,053,000 

Virginia .................................. Langley Air Force Base ................... $10,000,000 

Washington ............................. Fairchild Air Force Base ................. $11,000,000 
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Air Force: Inside the United States—Continued 

State Installation or Location Amount 

Wyoming ................................ Francis E. Warren Air Force Base $9,100,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(2), the Secretary of the Air Force 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: 

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 .............. $58,202,000 

Qatar .............................................. Al Udeid Air Base ........................ $60,000,000 

Turkey ............................................ Incirlik Air Base ........................... $9,200,000 

7 SEC. 2302. FAMILY HOUSING. 

8 Using amounts appropriated pursuant to the author9 ization of appropriations in section 2304(5)(A), the Sec10 retary of the Air Force may carry out architectural and 

11 engineering services and construction design activities with 

12 respect to the construction or improvement of family hous13 ing units in an amount not to exceed $4,314,000. 

14 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING 

15 UNITS. 

16 Subject to section 2825 of title 10, United States Code, 

17 and using amounts appropriated pursuant to the author18 ization of appropriations in section 2304(5)(A), the Sec-
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1 retary of the Air Force may improve existing military fam2 ily housing units in an amount not to exceed $61,787,000. 

3 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR 

4 FORCE. 

5 Funds are hereby authorized to be appropriated for fis6 cal years beginning after September 30, 2009, for military 

7 construction, land acquisition, and military family housing 

8 functions of the Department of the Air Force in the total 

9 amount of $1,736,421,000, as follows: 

10 (1) For military construction projects inside the 

11 United States authorized by section 2301(a), 

12 $812,115,000. 

13 (2) For military construction projects outside the 

14 United States authorized by section 2301(b), 

15 $253,602,000. 

16 (3) For unspecified minor military construction 

17 projects authorized by section 2805 of title 10, United 

18 States Code, $18,000,000. 

19 (4) For architectural and engineering services 

20 and construction design under section 2807 of title 

21 10, United States Code, $83,667,000. 

22 (5) For military family housing functions: 

23 (A) For construction and acquisition, plan24 ning and design, and improvement of military 

25 family housing and facilities, $66,101,000. 
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1 (B) For support of military family housing 

2 (including functions described in section 2833 of 

3 title 10, United States Code), $502,936,000. 

4 SEC. 2305. 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 authorizations set forth in the table in subsection (b), as 

10 provided in sections 2301 and 2302 of that Act, shall re11 main in effect until October 1, 2010, or the date of the en12 actment of an Act authorizing funds for military construc13 tion for fiscal year 2011, whichever is later. 

14 (b) TABLE.—The table referred to in subsection (a) is 

15 as follows: 

Air Force: Extension of 2007 Project Authorizations 

State 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 

16 SEC. 2306. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

17 FISCAL YEAR 2006 PROJECTS. 

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 authorizations set forth in the table in subsection (b), as 
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1 provided in section 2302 of that Act, shall remain in effect 

2 until October 1, 2010, or the date of the enactment of an 

3 Act authorizing funds for military construction for fiscal 

4 year 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/Country 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 SEC. 2307. TEMPORARY PROHIBITION ON USE OF FUNDS 

8 FOR MILITARY CONSTRUCTION IMPROVE9 MENTS, PALANQUERO AIR BASE, COLOMBIA. 

10 None of the funds authorized to be appropriated in sec11 tion 2304(2) may be obligated or expended for runway and 

12 apron expansion or other military construction improve13 ments at Palanquero Air Base, Colombia, until the Sec14 retary of Defense, in consultation with the Secretary of 

15 State, certifies to the congressional defense committees that 

16 negotiations between the United States Government and the 

17 Government of Colombia have resulted in access rights that 

18 will permit United States Southern Command 

19 (SOUTHCOM) to perform adequately its mission. 
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1 SEC. 2308. CONVEYANCE TO INDIAN TRIBES OF CERTAIN 

2 HOUSING UNITS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) EXECUTIVE DIRECTOR.—The term ‘‘Execu5 tive Director’’ means the Executive Director of Walk6 ing Shield, Inc. 

7 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

8 means any Indian tribe included on the list published 

9 by the Secretary of the Interior under section 104 of 

10 the Federally Recognized Indian Tribe List Act of 

11 1994 (25 U.S.C.479a–1). 

12 (b) REQUESTS FOR CONVEYANCE.— 

13 (1) IN GENERAL.—The Executive Director may 

14 submit to the Secretary of the Air Force, on behalf of 

15 any Indian tribe located in the State of Idaho, Ne16 vada, North Dakota, Oregon, South Dakota, Montana, 

17 or Minnesota, a request for conveyance of any 

18 relocatable military housing unit located at Grand 

19 Forks Air Force Base, Minot Air Force Base, 

20 Malmstrom Air Force Base, Ellsworth Air Force 

21 Base, or Mountain Home Air Force Base. 

22 (2) CONFLICTS.—The Executive Director shall 

23 resolve any conflict among requests of Indian tribes 

24 for housing units described in paragraph (1) before 

25 submitting a request to the Secretary of the Air Force 

26 under this subsection. 
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1 (c) CONVEYANCE BY SECRETARY.—Notwithstanding 

2 any other provision of law, on receipt of a request under 

3 subsection (c)(1), the Secretary of the Air Force may convey 

4 to the Indian tribe that is the subject of the request, at no 

5 cost to the Air Force and without consideration, any 

6 relocatable military housing unit described in subsection 

7 (c)(1) that, as determined by the Secretary, is in excess of 

8 the needs of the military. 

9 TITLE XXIV—DEFENSE 

10 AGENCIES 

11 Subtitle A—Defense Agency 

12 Authorizations 

13 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC14 TION AND LAND ACQUISITION PROJECTS. 

15 (a) INSIDE THE UNITED STATES.—Using amounts ap16 propriated pursuant to the authorization of appropriations 

17 in section 2404(a)(1), the Secretary of Defense may acquire 

18 real property and carry out military construction projects 

19 for the installations or locations inside the United States, 

20 and in the amounts, set forth in the following table: 

Defense Education Activity 

State Installation or Location Amount 

Georgia .............. Fort Benning ................................................................ $2,330,000 

Fort Stewart/Hunter Army Air Field ........................ $22,501,000 

North Carolina Fort Bragg .................................................................... $3,439,000 
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Defense Information Systems Agency 

State Installation or Location Amount 

Hawaii ......................... Naval Station Pearl Harbor, Ford Island ...... $9,633,000 

Defense Logistics Agency 

State Installation or Location Amount 

California ......... El Centro ...................................................................... $11,000,000 

Point Loma Annex ....................................................... $55,000,000 

Travis Air Force Base, California .............................. $15,357,000 

Florida .............. Jacksonville International Airport (Air National 

Guard).

$11,500,000 

Minnesota .......... Duluth International Airport (Air National Guard) $15,000,000 

Oklahoma .......... Altus Air Force Base .................................................... $2,700,000 

Texas ................. Fort Hood ..................................................................... $3,000,000 

Washington ....... Fairchild Air Force Base ............................................ $7,500,000 

Missile Defense Agency 

State Installation or Location Amount 

Alabama ............ Redstone Arsenal .......................................................... $12,000,000 

Virginia ............. Naval Support Facility, Dahlgren ............................. $24,500,000 

National Security Agency 

State Installation or Location Amount 

Maryland ................ Fort Meade .............................................................. $203,800,000 

Special Operations Command 

State Installation or Location Amount 

California .................. Naval Amphibious Base, Coronado .................... $15,722,000 

Colorado .................... Fort Carson .......................................................... $48,246,000 

Florida ...................... Eglin Air Force Base ........................................... $3,046,000 

Hurlburt Field ..................................................... $8,156,000 

Georgia ...................... Fort Benning ........................................................ $3,046,000 

Kentucky ................... Fort Campbell ...................................................... $32,335,000 

New Mexico ............... Cannon Air Force Base ....................................... $58,864,000 

North Carolina ......... Fort Bragg ............................................................ $101,488,000 

Marine Corps Base, Camp Lejeune .................... $11,791,000 

Virginia ..................... Naval Amphibious Base, Little Creek ................ $18,669,000 

Washington ............... Fort Lewis ............................................................ $14,500,000 

TRICARE Management Activity 

State Installation or Location Amount 

Alaska ................ Elmendorf Air Force Base ........................................... $25,017,000 

Fort Richardson ........................................................... $3,518,000 

Colorado ............ Fort Carson .................................................................. $31,900,000 

Georgia .............. Fort Benning ................................................................ $17,200,000 

Fort Stewart/Hunter Army Air Field ........................ $22,200,000 

Kentucky ........... Fort Campbell ............................................................... $8,600,000 

Maryland .......... Fort Detrick .................................................................. $29,807,000 

Missouri ............ Fort Leonard Wood ...................................................... $5,570,000 

North Carolina Fort Bragg .................................................................... $57,658,000 
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TRICARE Management Activity—Continued 

State Installation or Location Amount 

Oklahoma .......... Fort Sill ........................................................................ $10,554,000 

Texas ................. Lackland Air Force Base ............................................. $470,318,000 

Fort Bliss ...................................................................... $200,575,000 

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 Agency 

Country Installation or Location Amount 

Belgium .................. Brussels .................................................................... $38,124,000 

Germany ................. Boeblingen ............................................................... $50,000,000 

Kaiserslautern ......................................................... $93,545,000 

Wiesbaden Air Base ................................................ $5,379,000 

United Kingdom Royal Air Force Lakenheath .................................. $4,509,000 

Defense Intelligence Agency 

Country Installation or Location Amount 

Korea ...................... K-16 Airfield ........................................................... $5,050,000 

Defense Logistics Agency 

Country Installation or Location Amount 

Cuba ........................ Naval Air Station, Guantanamo Bay .................. $12,500,000 

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 
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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. FAMILY HOUSING. 

2 Using amounts appropriated pursuant to the author3 ization of appropriations in section 2405(a)(7), the Sec4 retary of Defense may construct or acquire family housing 

5 units (including land acquisition and supporting facilities) 

6 at the installation, in the number of units, and in the 

7 amount set forth in the following table: 

Defense Logistics Agency: Family Housing 

Location Installation Units Amount 

Pennsylvania .................. Cumberland Depot .......... 6 ....................... $2,859,000 

8 SEC. 2403. ENERGY CONSERVATION PROJECTS. 

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2404(a)(6), the Sec11 retary of Defense may carry out energy conservation 

12 projects under chapter 173 of title 10, United States Code, 

13 in the amount of $123,013,000. 

14 SEC. 2404. AUTHORIZATION OF APPROPRIATIONS, DEFENSE 

15 AGENCIES. 

16 (a) IN GENERAL.—Funds are hereby authorized to be 

17 appropriated for fiscal years beginning after September 30, 

18 2009, for military construction, land acquisition, and mili19 tary family housing functions of the Department of Defense 
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1 (other than the military departments) in the total amount 

2 of $3,290,025,000, as follows: 

3 (1) For military construction projects inside the 

4 United States authorized by section 2401(a), 

5 $969,373,000. 

6 (2) For military construction projects outside the 

7 United States authorized by section 2401(b), 

8 $298,522,000. 

9 (3) For unspecified minor military construction 

10 projects under section 2805 of title 10, United States 

11 Code, $36,025,000. 

12 (4) For contingency construction projects of the 

13 Secretary of Defense under section 2804 of title 10, 

14 United States Code, $10,000,000. 

15 (5) For architectural and engineering services 

16 and construction design under section 2807 of title 

17 10, United States Code, $137,942,000. 

18 (6) For energy conservation projects authorized 

19 by section 2403 of this Act, $123,013,000. 

20 (7) For military family housing functions: 

21 (A) For support of military family housing 

22 (including functions described in section 2833 of 

23 title 10, United States Code), $49,214,000. 
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1 (B) For construction and acquisition of 

2 military family housing and facilities, 

3 $2,859,000. 

4 (C) For the Homeowners Assistance Fund 

5 established under section 1013 of the Demonstra6 tion Cities and Metropolitan Development Act of 

7 1966 (42 U.S.C. 3374), $373,225,000. 

8 (D) For credit to the Department of Defense 

9 Family Housing Improvement Fund established 

10 by section 2883(a)(1) of title 10, United States 

11 Code, $2,600,000. 

12 (8) For the construction of increment 2 of re13 placement fuel storage facilities at Point Loma 

14 Annex, California, authorized by section 2401(a) of 

15 the Military Construction Authorization Act for Fis16 cal Year 2008 (division B of Public Law 110–181; 

17 122 Stat. 521), $92,300,000. 

18 (9) For the construction of increment 3 of a spe19 cial operations facility at Dam Neck, Virginia, au20 thorized by section 2401(a) of the Military Construc21 tion Authorization Act for Fiscal Year 2008 (division 

22 B of Public Law 110–181; 122 Stat. 521), 

23 $15,967,000. 

24 (10) For the construction of increment 2 of the 

25 USAMRICD replacement facility at Aberdeen Prov-
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1 ing Ground, Maryland, authorized by section 2401(a) 

2 of the Military Construction Authorization Act for 

3 Fiscal Year 2009 (division B of Public Law 110–417 

4 122 Stat. 4689), $111,400,000. 

5 (11) For the construction of increment 4 of the 

6 USAMRIID stage I facility at Fort Detrick, Mary7 land, authorized by section 2401(a) of the Military 

8 Construction Authorization Act for Fiscal Year 2007 

9 (division B of Public Law 109–364; 120 Stat. 2457), 

10 $108,000,000. 

11 (12) For the construction of fuel storage tanks 

12 and pipeline replacement at Souda Bay, Greece, au13 thorized by section 2401(b) of the Military Construc14 tion Authorization Act for Fiscal Year 2009 (division 

15 B of Public Law 110–417; 122 Stat. 4691), 

16 $24,000,000. 

17 (13) For the construction of the first increment 

18 of the hospital replacement, Guam, authorized by sec19 tion 2401(b), $200,000,000. 

20 (14) For the construction of the first increment 

21 of the Ambulatory Care Center at Lackland Air Force 

22 Base, Texas, authorized by section 2401(a), 

23 $72,610,000. 
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1 (15) For the construction of the first increment 

2 of the hospital replacement phase I at Fort Bliss, 

3 Texas, authorized by section 2401(a), $62,975,000. 

4 (16) For the construction of increment 2 of the 

5 Utah Data Center at Camp Williams, Utah, author6 ized in the Supplemental Appropriations Act, 2009 

7 (Public Law 111–32), $600,000,000. 

8 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

9 PROJECTS.—Notwithstanding the cost variations author10 ized by section 2853 of title 10, United States Code, and 

11 any other cost variation authorized by law, the total cost 

12 of all projects carried out under section 2201 of this Act 

13 may not exceed the sum of the following: 

14 (1) The total amount authorized to be appro15 priated under paragraphs (1) and (2) of subsection 

16 (a). 

17 (2) $200,000,000 (the balance of the amount au18 thorized by section 2401(b) for the hospital replace19 ment, Guam). 

20 (3) $368,390,000 (the balance of the amount au21 thorized by section 2401(a) for the Ambulatory Care 

22 Center at Lackland Air Force Base, Texas). 

23 (4) $820,000,000 (the balance of the amount au24 thorized in the Supplemental Appropriations Act, 
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1 2009 (Public Law 111–32) for the Utah Data Center, 

2 Camp Williams, Utah). 

3 (5) $24,000,000 (the balance of the amount au4 thorized by section 2401(a) for the hospital replace5 ment phase I, Fort Bliss, Texas). 

6 (6) $290,000,000 (the balance of the amount au7 thorized by section 2401(a) of the Military Construc8 tion Authorization Act for Fiscal Year 2009 (division 

9 B of Public Law 110–417; 122 Stat. 4689) for the 

10 USAMRIID replacement facility at Aberdeen Proving 

11 Ground, Maryland). 

12 (7) $47,000,000 (the balance of the amount au13 thorized by section 2401(a) of the Military Construc14 tion Authorization Act for Fiscal Year 2008 (division 

15 B of Public Law 110–181; 122 Stat. 521), as modi16 fied by section 2401(a) of this Act, for the replacement 

17 of fuel storage facilities at Point Loma Annex, Cali18 fornia). 

19 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT 

20 CERTAIN FISCAL YEAR 2008 PROJECT. 

21 (a) MODIFICATION.—The table relating to the Defense 

22 Logistics Agency in section 2401(a) of the Military Con23 struction Authorization Act for Fiscal Year 2008 (division 

24 B of Public Law 110–181; 122 Stat. 521) is amended in 

25 the item relating to Point Loma Annex, California, by 
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1 striking ‘‘$140,000,000’’ in the amount column and insert2 ing ‘‘$195,000,000’’. 

3 (b) CONFORMING AMENDMENT.—Section 2403(b)(2) of 

4 that Act (122 Stat. 524) is amended by striking 

5 ‘‘$84,300,000’’ and inserting ‘‘$139,300,000’’. 

6 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT 

7 CERTAIN FISCAL YEAR 2009 PROJECT. 

8 (a) MODIFICATION.—The table relating to the Defense 

9 Logistics Agency in section 2401(b) of the Military Con10 struction Authorization Act for Fiscal Year 2009 (division 

11 B of Public Law 110–417; 122 Stat. 4691) is amended in 

12 the item relating to Souda Bay, Greece, by striking 

13 ‘‘$8,000,000’’ in the amount column and inserting 

14 ‘‘$32,000,000’’. 

15 (b) CONFORMING AMENDMENTS.—Section 2403 of that 

16 Act (122 Stat. 4692) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (2), by striking 

19 ‘‘$246,360,000’’ and inserting ‘‘$238,360,000’’; 

20 and 

21 (B) by adding at the end the following new 

22 paragraph: 

23 ‘‘(11) For construction of the first increment of 

24 fuel storage tanks and pipeline replacement at Souda 

25 Bay, Greece, $8,000,000.’’; and 
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1 (2) in subsection (b), by adding at the end the 

2 following new paragraph: 

3 ‘‘(5) $24,000,000 (the balance of the amount au4 thorized for the Defense Logistics Agency under sec5 tion 2401(b) for fuel storage tanks and pipeline re6 placement at Souda Bay, Greece).’’. 

7 SEC. 2407. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

8 FISCAL YEAR 2007 PROJECT. 

9 (a) EXTENSION.—Notwithstanding section 2701 of the 

10 Military Construction Authorization Act for Fiscal Year 

11 2007 (division B of Public Law 109–364; 120 Stat. 2463), 

12 authorizations set forth in the table in subsection (b), as 

13 provided in section 2402 of that Act, shall remain in effect 

14 until October 1, 2010, or the date of the enactment of an 

15 Act authorizing funds for military construction for fiscal 

16 year 2011, whichever is later. 

17 (b) TABLE.—The table referred to in subsection (a) is 

18 as follows: 

Defense Logistics Agency: Extension of 2007 Project 

Authorization 

State Installation or Location Project Amount 

Virginia ....................... Defense Supply Center, Richmond.Whole House Renovation.$484,000 
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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 $151,541,000, as follows: 

10 (1) For the construction of phase 11 of a muni11 tions demilitarization facility at Pueblo Chemical Ac12 tivity, Colorado, authorized by section 2401(a) of the 

13 Military Construction Authorization Act for Fiscal 

14 Year 1997 (division B of Public Law 104–201; 110 

15 Stat. 2775), as amended by section 2406 of the Mili16 tary Construction Authorization Act for Fiscal Year 

17 2000 (division B of Public Law 106–65; 113 Stat. 

18 839), section 2407 of the Military Construction Au19 thorization Act for Fiscal Year 2003 (division B of 

20 Public Law 107–314; 116 Stat. 2698), and section 

21 2413 of the Military Construction Authorization Act 

22 for Fiscal Year 2009 (division B of Public Law 110– 

23 417; 122 Stat. 4697), $92,500,000. 

24 (2) For the construction of phase 10 of a muni25 tions demilitarization facility at Blue Grass Army 
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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), $59,041,000. 

13 TITLE XXV—NORTH ATLANTIC 

14 TREATY ORGANIZATION SE15 CURITY INVESTMENT PRO16 GRAM 

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 
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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 

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 

20 projects for the Army National Guard locations inside the 

21 United States, and in the amounts, set forth in the following 

22 table: 

Army National Guard: Inside the United States 

State Location Amount 

Alabama ................................ Fort McClellan ............................................ $3,000,000 

Arizona ................................. Camp Navajo .............................................. $3,000,000 

California ............................. Fresno Yosemite International Airport .... $9,900,000 

Los Alamitos ............................................... $31,000,000 
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Army National Guard: Inside the United States—Continued 

State Location Amount 

Georgia .................................. Fort Benning .............................................. $15,500,000 

Iowa ...................................... Johnston ...................................................... $4,000,000 

Idaho ..................................... Gowen Field ................................................ $16,100,000 

Illinois ................................... Milan ........................................................... $5,600,000 

Indiana ................................. Muscatatuck ................................................ $10,100,000 

Kansas ................................... Salina Army National Guard Aviation 

Facility ................................................... $2,227,000 

Massachusetts ........................ Hanscom Air Force Base ........................... $29,000,000 

Minnesota ............................. Arden Hills ................................................. $6,700,000 

Camp Ripley .............................................. $1,710,000 

Missouri ................................ Boonville ..................................................... $1,800,000 

Mississippi ............................ Camp Shelby ............................................... $16,100,000 

................................................ Monticello .................................................... $14,350,000 

Nebraska ................................ Lincoln ........................................................ $23,000,000 

New Mexico ........................... Santa Fe ..................................................... $39,000,000 

Nevada .................................. Carson City ................................................. $2,000,000 

North Las Vegas ......................................... $26,000,000 

Oregon ................................... Clatsop County, Warrenton ....................... $3,369,000 

South Carolina ..................... Eastover ...................................................... $26,000,000 

Greenville .................................................... $40,000,000 

South Dakota ........................ Camp Rapid ............................................... $9,840,000 

Texas ..................................... Austin .......................................................... $22,200,000 

Virginia ................................. Fort Pickett ................................................. $32,000,000 

Vermont ................................. Ethan Allen Firing Range ........................ $1,996,000 

West Virginia ....................... St. Albans Armory, St. Albans ................. $2,000,000 

1 (b) OUTSIDE THE UNITED STATES.—Using amounts 

2 appropriated pursuant to the authorization of appropria3 tions in section 2606(1)(A), the Secretary of the Army may 

4 acquire real property and carry out military construction 

5 projects for the Army National Guard locations outside the 

6 United States, and in the amounts, set forth in the following 

7 table: 

Army National Guard: Outside the United States 

Territory or Commonwealth Location Amount 

Guam .................................... Barrigada ................................................... $30,000,000 

Virgin Islands ....................... St. Croix ...................................................... $20,000,000 
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1 SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION 

2 AND LAND ACQUISITION PROJECTS. 

3 Using amounts appropriated pursuant to the author4 ization of appropriations in section 2606(1)(B), the Sec5 retary of the Army may acquire real property and carry 

6 out military construction projects for the Army Reserve lo7 cations, and in the amounts, set forth in the following table: 

Army Reserve 

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 (Winder) ......................................... $14,000,000 

Illinois ................................... Chicago (Joliet) ............................................ $23,000,000 

Minnesota .............................. Fort Snelling (Minneapolis) ....................... $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 

Fort Bliss ..................................................... $9,500,000 

Houston ........................................................ $24,000,000 

San Antonio (Fort Sam Houston) ............. $20,000,000 

Wisconsin .............................. Fort McCoy .................................................. $28,850,000 

Puerto Rico ........................... Caguas .......................................................... $12,400,000 

8 SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE 

9 CORPS RESERVE CONSTRUCTION AND LAND 

10 ACQUISITION PROJECTS. 

11 Using amounts appropriated pursuant to the author12 ization of appropriations in section 2606(2), the Secretary 

13 of the Navy may acquire real property and carry out mili14 tary construction projects for the Navy Reserve and Marine 
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1 Corps Reserve locations, and in the amounts, set forth in 

2 the following table: 

Navy Reserve and Marine Corps Reserve 

State Location Amount 

Arizona ................................. Phoenix (Luke Air Force Base) ................. $10,986,000 

California ............................. Alameda ...................................................... $5,960,000 

Illinois ................................... Joliet Army Ammunition Plant ............... $7,957,000 

South Carolina ..................... Charleston ................................................... $4,240,000 

Virginia ................................. Oceana Naval Air Station ......................... $30,400,000 

Texas ..................................... San Antonio ................................................ $2,210,000 

3 SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUC4 TION AND LAND ACQUISITION PROJECTS. 

5 Using amounts appropriated pursuant to the author6 ization of appropriations in section 2606(3)(A), the Sec7 retary of the Air Force may acquire real property and 

8 carry out military construction projects for the Air Na9 tional Guard locations, and in the amounts, set forth in 

10 the following table: 

Air National Guard 

State Location Amount 

Arizona ................................. Davis Monthan Air Force Base ................ $5,600,000 

California ............................. Southern California Logistics Airport ..... $8,400,000 

Colorado ................................ Buckley Air National Guard Base ........... $4,500,000 

Connecticut ........................... Bradley National Airport .......................... $9,100,000 

Hawaii .................................. Hickam Air Force Base ............................. $33,000,000 

Iowa ...................................... Des Moines .................................................. $4,600,000 

Massachusetts ........................ Otis Air National Guard Base .................. $12,800,000 

Maryland .............................. Andrews Air Force Base ............................ $14,000,000 

Maine .................................... Bangor International Airport ................... $28,000,000 

Michigan ............................... Alpena ......................................................... $8,900,000 

Battle Creek Air National Guard Base .... $14,000,000 

Selfridge Air National Guard Base .......... $7,100,000 

Minnesota ............................. Minnesota/Saint Paul International Airport .......................................................... $1,900,000 

Missouri ................................ Rosecrans Memorial Airport ..................... $9,300,000 

Mississippi ............................ Columbus Air Force Base .......................... $10,000,000 

Montana ................................ Malmstrom Air Force Base ....................... $9,600,000 

Nebraska ................................ Lincoln ........................................................ $1,500,000 

New Hampshire .................... Pease Air National Guard Base ............... $10,000,000 

New Jersey ............................ McGuire, Air Force Base ........................... $9,700,000 

Nevada .................................. Reno ............................................................. $10,800,000 

Ohio ....................................... Mansfield Lahm Airport ............................ $11,400,000 

Oklahoma .............................. Will Rogers World Airport ........................ $7,300,000 
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Air National Guard—Continued 

State Location Amount 

South Carolina ..................... McEntire Joint National Guard Base ...... $1,300,000 

South Dakota ........................ Joe Foss Field ............................................. $2,600,000 

Tennessee ............................... 164th Airlift Wing, Memphis .................... $9,800,000 

Utah ...................................... Hill Air Force Base ................................... $5,100,000 

Vermont ................................. Burlington International Airport ............. $6,000,000 

Wisconsin .............................. General Mitchell International Airport .... $5,000,000 

West Virginia ....................... Martinsburg ................................................ $19,500,000 

Wyoming ............................... Cheyenne Airport ....................................... $1,500,000 

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(3)(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 

Colorado ................................. Schriever Air Force Base ............................ $10,200,000 

Mississippi ............................ Keesler Air Force Base ................................ $9,800,000 

New York ............................... Niagra Falls Air Reserve Base ................... $5,700,000 

Pennsylvania ......................... Pittsburgh Air Reserve Base ....................... $12,400,000 

Texas ...................................... Lackland Air Force Base ............................ $1,500,000 

Utah ....................................... Hill Air Force Base ..................................... $3,200,000 

9 SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, GUARD 

10 AND RESERVE. 

11 Funds are hereby authorized to be appropriated for fis12 cal years beginning after September 30, 2009, for the costs 

13 of acquisition, architectural and engineering services, and 

14 construction of facilities for the Guard and Reserve Forces, 

15 and for contributions therefor, under chapter 1803 of title 
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1 10, United States Code (including the cost of acquisition 

2 of land for those facilities), in the following amounts: 

3 (1) For the Department of the Army— 

4 (A) for the Army National Guard of the 

5 United States, $481,773,000; and 

6 (B) for the Army Reserve, $378,712,000. 

7 (2) For the Department of the Navy, for the 

8 Navy and Marine Corps Reserve, $64,124,000. 

9 (3) For the Department of the Air Force— 

10 (A) for the Air National Guard of the 

11 United States, $301,361,000; and 

12 (B) for the Air Force Reserve, $45,576,000. 

13 SEC. 2607. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

14 FISCAL YEAR 2007 PROJECTS. 

15 (a) EXTENSION.—Notwithstanding section 2701 of the 

16 Military Construction Authorization Act for Fiscal Year 

17 2007 (division B of Public Law 109–364; 120 Stat. 2463), 

18 the authorizations set forth in the table in subsection (b), 

19 as provided in section 2601 of that Act, shall remain in 

20 effect until October 1, 2010, or the date of the enactment 

21 of an Act authorizing funds for military construction for 

22 fiscal year 2011, whichever is later. 

23 (b) TABLE.—The table referred to in subsection (a) is 

24 as follows: 
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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 

1 SEC. 2608. EXTENSION OF AUTHORIZATIONS OF CERTAIN 

2 FISCAL YEAR 2006 PROJECT. 

3 (a) EXTENSION.—Notwithstanding section 2701 of the 

4 Military Construction Authorization Act for Fiscal Year 

5 2006 (division B of Public Law 109–163; 119 Stat. 3501), 

6 authorizations set forth in the table in subsection (b), as 

7 provided in section 2601 of that Act, shall remain in effect 

8 until October 1, 2010, or the date of the enactment of an 

9 Act authorizing funds for military construction for fiscal 

10 year 2011, whichever is later. 

11 (b) TABLE.—The table referred to in subsection (a) is 

12 as follows: 

Army National Guard: Extension of 2006 Project Authorizations 

State Installation or Location Project Amount 

Montana ....................... Townsend .................... Automated Qualification Training 

Range.

$2,532,000 
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1 TITLE XXVII—BASE CLOSURE 

2 AND REALIGNMENT ACTIVITIES 

3 SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

4 CLOSURE AND REALIGNMENT ACTIVITIES 

5 FUNDED THROUGH DEPARTMENT OF DE6 FENSE BASE CLOSURE ACCOUNT 1990. 

7 Funds are hereby authorized to be appropriated for fis8 cal years beginning after September 30, 2009, for base clo9 sure and realignment activities, including real property ac10 quisition and military construction projects, as authorized 

11 by the Defense Base Closure and Realignment Act of 1990 

12 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

13 2687 note) and funded through the Department of Defense 

14 Base Closure Account 1990 established by section 2906 of 

15 such Act, in the total amount of $396,768,000. 

16 SEC. 2702. AUTHORIZED BASE CLOSURE AND REALIGN17 MENT ACTIVITIES FUNDED THROUGH DE18 PARTMENT OF DEFENSE BASE CLOSURE AC19 COUNT 2005. 

20 Using amounts appropriated pursuant to the author21 ization of appropriations in section 2703, the Secretary of 

22 Defense may carry out base closure and realignment activi23 ties, including real property acquisition and military con24 struction projects, as authorized by the Defense Base Closure 

25 and Realignment Act of 1990 (part A of title XXIX of Pub-
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1 lic Law 101–510; 10 U.S.C. 2687 note) and funded through 

2 the Department of Defense Base Closure Account 2005 es3 tablished by section 2906A of such Act, in the amount of 

4 $5,934,740,000. 

5 SEC. 2703. AUTHORIZATION OF APPROPRIATIONS FOR BASE 

6 CLOSURE AND REALIGNMENT ACTIVITIES 

7 FUNDED THROUGH DEPARTMENT OF DE8 FENSE BASE CLOSURE ACCOUNT 2005. 

9 Funds are hereby authorized to be appropriated for fis10 cal years beginning after September 30, 2008, for base clo11 sure and realignment activities, including real property ac12 quisition and military construction projects, as authorized 

13 by the Defense Base Closure and Realignment Act of 1990 

14 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

15 2687 note) and funded through the Department of Defense 

16 Base Closure Account 2005 established by section 2906A of 

17 such Act, in the total amount of $7,479,498,000. 

18 SEC. 2704. REPORT ON GLOBAL DEFENSE POSTURE RE19 ALIGNMENT AND INTERAGENCY REVIEW. 

20 (a) INTERAGENCY REVIEW OF OVERSEAS MASTER

21 PLANS.—At the same time that the budget is submitted 

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

23 a fiscal year, the Secretary of Defense shall submit to the 

24 congressional defense committees and the Committee on 

25 Foreign relations of the Senate and the Committee on For-
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1 eign Affairs of the House of Representatives a report on the 

2 status of overseas base closure and realignment actions un3 dertaken as part of a global defense posture realignment 

4 strategy and the status of development and execution of 

5 comprehensive master plans for overseas military main op6 erating bases, forward operating sites, and cooperative secu7 rity locations. The report shall address the following: 

8 (1) How the plans would support the security 

9 commitments undertaken by the United States pursu10 ant to any international security treaty, including, 

11 the North Atlantic Treaty, The Treaty of Mutual Co12 operation and Security between the United States 

13 and Japan, and the Security Treaty Between Aus14 tralia, New Zealand, and the United States of Amer15 ica. 

16 (2) The impact of such plans on the current se17 curity environments in the combatant commands, in18 cluding United States participation in theater secu19 rity cooperation activities and bilateral partnership, 

20 exchanges, and training exercises. 

21 (3) Any comments of the Secretary of Defense re22 sulting from an interagency review of these plans that 

23 includes the Department of State and other Federal 

24 departments and agencies that the Secretary of De25 fense deems necessary for national security. 
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1 (b) INTERAGENCY OVERSEAS BASING REPORT.—Sec2 tion 118 of title 10, United States Code, is amended by add3 ing at the end the following new subsection: 

4 ‘‘(h) INTERAGENCY OVERSEAS BASING REPORT.—Not 

5 later than 90 days after submitting a report on a quadren6 nial defense review under subsection (d), the Secretary shall 

7 submit to the congressional defense committees a report de8 tailing how the results of the assessment conducted as part 

9 of such review will impact the status of overseas base closure 

10 and realignment actions undertaken as part of a global de11 fense posture realignment strategy and the status of develop12 ment and execution of comprehensive master plans for over13 seas military main operating bases, forward operating 

14 sites, and cooperative security locations of the global defense 

15 posture of the United States. The report shall include any 

16 recommendations for additional closures or realignments of 

17 military installations outside of the United States. The re18 port shall include any comments resulting from an inter19 agency review of these plans that includes the Department 

20 of State and other relevant Federal departments and agen21 cies.’’. 
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1 SEC. 2705. SENSE OF THE SENATE ON NEED FOR COMMU2 NITY ASSISTANCE RELATED TO BASE CLO3 SURES AND REALIGNMENTS AND FORCE 

4 REPOSITIONING. 

5 (a) FINDINGS.—The Senate makes the following find6 ings: 

7 (1) The 2005 round of defense base closures and 

8 realignments (BRAC) has resulted in a requirement 

9 to dispose of excess Federal property in addition to 

10 property determined to be excess as the result of deci11 sions in four previous rounds of base realignments 

12 and closures in 1988, 1991, 1993, and 1995. 

13 (2) The Department of Defense has primary re14 sponsibility to dispose of Federal property resulting 

15 from the closure or realignment of military installa16 tions under the Defense Base Closure and Realign17 ment Act of 1990 (part A of title XXIX of Public Law 

18 101–510; 10 U.S.C. 2687 note). 

19 (3) The Department of Defense is authorized to 

20 dispose of BRAC property using a range of methods 

21 including administrative transfer to another Federal 

22 agency, public benefit conveyances, homeless housing 

23 assistance, economic development conveyances, nego24 tiated sales, or public sales. 

25 (4) The Department of Defense is authorized to 

26 convey property to local redevelopment agencies rep-
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1 resenting communities affected by base closures and 

2 realignments for the purpose of economic development. 

3 (5) The Department of Defense is authorized to 

4 assess the needs of the local community and the in5 tended use of the property in determining the amount 

6 of compensation to be received in exchange for the eco7 nomic development conveyance. 

8 (6) The Department of Defense is authorized to 

9 receive an amount for the economic development con10 veyance that may range from fair market value to an 

11 amount less than fair market, to no cost to the 

12 conveyee, depending on the local economic conditions. 

13 (7) The Department of Defense is required to use 

14 any monetary proceeds gained from the disposal of 

15 BRAC property to fund environmental clean-up, re16 mediation, and compliance actions required to safely 

17 dispose of BRAC property. 

18 (8) Any revenue foregone as a result of a deci19 sion not to seek fair market value for disposed prop20 erty must be compensated with appropriated funds 

21 requested by the Department of Defense in annual 

22 budget submissions to Congress. 

23 (b) SENSE OF THE SENATE.—It is the sense of the Sen24 ate that, as the Federal Government implements base clo-
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1 sures and realignments, global repositioning, and grow the 

2 force initiatives, it is necessary— 

3 (1) to assist local communities coping with the 

4 impact of these programs at both closed and active 

5 military installations; and 

6 (2) to comprehensively assess the needs and de7 gree of Federal assistance to communities to effec8 tively implement the various initiatives of the De9 partment of Defense while aiding communities to ei10 ther recover quickly from closures or to accommodate 

11 growth associated with troop influxes. 

12 SEC. 2706. RELOCATION OF CERTAIN ARMY RESERVE UNITS 

13 IN CONNECTICUT. 

14 The Secretary of the Army may use funds appro15 priated pursuant to the authorization of appropriations in 

16 section 2703 for the purpose of constructing an Army Re17 serve Center and Maintenance Facility in the vicinity of 

18 Newtown, Connecticut, at a location determined by the Sec19 retary to be in the best interest of national security and 

20 in the public interest. 
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1 SEC. 2707. AUTHORITY TO CONSTRUCT PREVIOUSLY AU2 THORIZED ARMED FORCES RESERVE CENTER 

3 IN VICINITY OF SPECIFIED LOCATION AT 

4 PEASE AIR NATIONAL GUARD BASE, NEW 

5 HAMPSHIRE. 

6 The Secretary of the Army may use funds appro7 priated pursuant to the authorization of appropriations in 

8 section 2703 of the Duncan Hunter National Defense Au9 thorization Act for Fiscal Year 2009 (Public Law 110–417; 

10 122 Stat. 4715) for the purpose of constructing an Armed 

11 Forces Reserve Center at Pease Air National Guard Base, 

12 New Hampshire, to construct instead an Armed Forces Re13 serve Center in the vicinity of Pease Air National Guard 

14 Base at a location determined by the Secretary to be in 

15 the best interest of national security and in the public inter16 est. 

17 SEC. 2708. REQUIREMENT FOR MASTER PLAN TO PROVIDE 

18 WORLD CLASS MILITARY MEDICAL FACILI19 TIES IN THE NATIONAL CAPITAL REGION. 

20 (a) MASTER PLAN REQUIRED.—Not later than 180 

21 days after the date of the enactment of this Act, the Sec22 retary of Defense shall develop and implement a comprehen23 sive master plan to provide world class military medical 

24 facilities and an integrated system of health care delivery 

25 for the National Capital Region that— 

26 (1) addresses— 
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1 (A) the unique needs of members of the 

2 Armed Forces and retired members of the Armed 

3 Forces and their families; 

4 (B) the care, management, and transition of 

5 seriously ill and injured members of the Armed 

6 Forces and their families; 

7 (C) the missions of the branch or branches 

8 of the Armed Forces served; and 

9 (D) performance expectations for the future 

10 integrated health care delivery system, includ11 ing— 

12 (i) information management and in13 formation technology support; and 

14 (ii) expansion of support services; 

15 (2) includes the establishment of an integrated 

16 process for the joint development of budgets, 

17 prioritization of requirements, and the allocation of 

18 funds; 

19 (3) designates a single entity within the Depart20 ment of Defense with the budget and operational au21 thority to respond quickly to and address emerging 

22 facility and operational requirements required to pro23 vide and operate world class military medical facili24 ties in the National Capital Region; 
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1 (4) incorporates all ancillary and support facili2 ties at the National Naval Medical Center, Bethesda, 

3 Maryland, including education and research facilities 

4 as well as centers of excellence, transportation, and 

5 parking structures required to provide a full range of 

6 adequate care and services for members of the Armed 

7 Forces and their families; 

8 (5) ensures that each facility covered by the plan 

9 meets or exceeds Joint Commission hospital design 

10 standards as applicable; and 

11 (6) can be used as a model to develop similar 

12 master plans for all military medical facilities within 

13 the Department of Defense. 

14 (b) MILESTONE SCHEDULE AND COST ESTIMATES.— 

15 Not later than 90 days after the development of the master 

16 plan required by (a), the Secretary shall submit to the con17 gressional defense committees a report describing— 

18 (1) the schedule for completion of requirements 

19 identified in the master plan; and 

20 (2) updated cost estimates to provide world class 

21 military medical facilities for the National Capital 

22 Region. 

23 (c) DEFINITIONS.—In this section: 

24 (1) NATIONAL CAPITAL REGION.—The term ‘‘Na25 tional Capital Region’’ has the meaning given the 
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1 term in section 2674(f) of title 10, United States 

2 Code. 

3 (2) WORLD CLASS MILITARY MEDICAL FACIL4 ITY.—The term ‘‘world class military medical facil5 ity’’ has the meaning given the term by the National 

6 Capital Region Base Realignment and Closure Health 

7 Systems Advisory Subcommittee of the Defense Health 

8 Board in appendix B of the report entitled ‘‘Achiev9 ing World Class – An Independent Review of the De10 sign Plans for the Walter Reed National Military 

11 Medical Center and the Fort Belvoir Community 

12 Hospital’’, published in May, 2009. 

13 TITLE XXVIII—MILITARY CON14 STRUCTION GENERAL PROVI15 SIONS 

16 SEC. 2801. MILITARY CONSTRUCTION AND LAND ACQUISI17 TION PROJECTS AUTHORIZED BY AMERICAN 

18 RECOVERY AND REINVESTMENT ACT OF 2009. 

19 (a) AUTHORIZED ARMY CONSTRUCTION AND LAND AC20 QUISITION PROJECTS.—Using amounts appropriated by 

21 title X of the American Recovery and Reinvestment Act of 

22 2009 (Public Law 111–5; 123 Stat. 191), the Secretary of 

23 the Army may acquire real property and carry out military 

24 construction projects for the installations or locations inside 
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1 the United States, and in the amounts, set forth in the fol2 lowing table: 

Army: Inside the United States 

State Installation or Location Amount 

Colorado ..................... Fort Carson ........................................................ $12,500,000 

Georgia ....................... Fort Stewart (Hunter Army Airfield) ............. $8,600,000 

Kentucky .................... Fort Campbell .................................................... $43,000,000 

North Carolina .......... Fort Bragg ......................................................... $11,300,000 

New York .................... Fort Drum ......................................................... $10,700,000 

Texas .......................... Fort Bliss ........................................................... $57,000,000 

Fort Hood .......................................................... $12,700,000 

Virginia ..................... Fort Belvoir ....................................................... $14,600,000 

Fort Eustis ......................................................... $9,600,000 

3 (b) AUTHORIZED NAVY CONSTRUCTION AND LAND AC4 QUISITION PROJECTS.—Using amounts appropriated by 

5 title X of the American Recovery and Reinvestment Act of 

6 2009 (Public Law 111–5; 123 Stat. 191), the Secretary of 

7 the Navy may acquire real property and carry out military 

8 construction projects for the installations or locations inside 

9 the United States, and in the amounts, set forth in the fol10 lowing table: 

Navy: Inside the United States 

State Installation or Location Amount 

California .................. Marine Corps Base Camp Pendleton ............... $35,052,000 

Naval Air Station Lemoore .............................. $7,793,000 

Naval Base Coronado ........................................ $88,576,000 

Naval Base Point Loma ................................... $11,844,000 

Florida ....................... Naval Station Mayport ..................................... $10,220,000 

Hawaii ....................... Marine Corps Base Hawaii ............................. $19,360,000 

Maryland ................... Naval Support Activity Annapolis .................. $1,994,000 

Naval Surface Warfare Center Carderock ....... $1,253,000 

North Carolina .......... Marine Corps Air Station New River ............. $3,039,000 

Marine Corps Base Camp Lejeune .................. $13,779,000 

Tennessee .................... Naval Support Activity Mid-South ................. $11,960,000 

Virginia ..................... Hampton Roads ................................................ $26,098,000 

Naval Station Norfolk ....................................... $24,647,000 

Washington ................ Naval Air Station Whidbey Island .................. $20,054,000 

Various ....................... Various Locations .............................................. $4,331,000 

11 (c) AUTHORIZED AIR FORCE CONSTRUCTION AND

12 LAND ACQUISITION PROJECTS.—Using amounts appro-
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1 priated by title X of the American Recovery and Reinvest2 ment Act of 2009 (Public Law 111–5; 123 Stat. 191), the 

3 Secretary of the Air Force may acquire real property and 

4 carry out military construction projects for the installations 

5 or locations inside the United States, and in the amounts, 

6 set forth in the following table: 

Air Force: Inside the United States 

State Installation or Location Amount 

Alaska ......................... Eielson Air Force Base ..................................... $53,900,000 

Alabama ..................... Birmingham ...................................................... $2,300,000 

Arkansas .................... Fort Smith ......................................................... $7,800,000 

Colorado ..................... Peterson Air Force Base ................................... $11,200,000 

Florida ....................... Hurlburt Field ................................................... $11,000,000 

Georgia ....................... Moody Air Force Base ...................................... $11,400,000 

Iowa ........................... Des Moines ......................................................... $6,000,000 

Kansas ....................... Forbes ................................................................. $4,100,000 

Maryland ................... Andrews Air Force Base ................................... $8,000,000 

Mississippi ................. Keesler Air Force Base ...................................... $20,800,000 

Montana ..................... Malmstrom Air Force Base .............................. $26,200,000 

North Dakota ............. Minot Air Force Base ....................................... $28,300,000 

New Jersey ................. Atlantic City ...................................................... $4,300,000 

New Mexico ................ Cannon Air Force Base .................................... $12,000,000 

Nevada ....................... Nellis Air Force Base ........................................ $13,400,000 

Pennsylvania ............. Fort Indian Town Gap ..................................... $7,000,000 

South Carolina .......... Shaw Air Force Base ........................................ $22,500,00 

Texas .......................... Goodfellow Air Force Base ............................... $28,400,000 

Lackland Air Force Base .................................. $6,000,000 

Utah ........................... Hill Air Force Base .......................................... $15,000,000 

Salt Lake City ................................................... $5,100,000 

Wisconsin ................... General Mitchell ................................................ $1,100,000 

West Virginia ............ Eastern West Virginia Regional Airport ........ $4,300,000 

7 (d) AUTHORIZED DEFENSE-WIDE CONSTRUCTION AND

8 LAND ACQUISITION PROJECTS.—Using amounts appro9 priated by title X of the American Recovery and Reinvest10 ment Act of 2009 (Public Law 111–5; 123 Stat. 191), the 

11 Secretary of Defense may acquire real property and carry 

12 out military construction projects for the installations or 

13 locations inside the United States, and in the amounts, set 

14 forth in the following table: 
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Defense-wide: Inside the United States 

State Installation or Location Amount 

California .................. Camp Pendleton ................................................ $563,100,000 

Florida ....................... Naval Airt Station Jacksonville ...................... $27,210,000 

Texas .......................... Fort Hood .......................................................... $621,000,000 

Various ....................... Various Locations .............................................. $118,690,000 

1 (e) AUTHORIZED ARMY NATIONAL GUARD AND RE2 SERVE PROJECTS.— 

3 (1) AUTHORIZED CONSTRUCTION AND LAND AC4 QUISITION PROJECTS.—Using amounts appropriated 

5 by title X of the American Recovery and Reinvest6 ment Act of 2009 (Public Law 111–5; 123 Stat. 191), 

7 the Secretary of the Army may acquire real property 

8 and carry out military construction projects for the 

9 Army National Guard and Army Reserve locations, 

10 and in the amounts, set forth in the following table: 

Army National Guard and Reserve: Inside the United States 

State Installation or Location Amount 

California .................. Mather Air Field ............................................... $1,500,000 

Nevada ....................... Hawthorne Army Depot ................................... $950,000 

North Carolina .......... Raleigh ............................................................... $39,500,000 

Nebraska .................... Camp Ashland ................................................... $2,900,000 

New York .................... Brooklyn (Fort Hamilton) ............................... $1,500,000 

Oregon ........................ Camp Withycombe ............................................. $1,300,000 

West Virginia ............ Gassaway ........................................................... $3,300,000 

11 (2) AUTHORIZED FAMILY HOUSING.—Using 

12 amounts appropriated by title X of the American Re13 covery and Reinvestment Act of 2009 (Public Law 

14 111–5; 123 Stat. 191), the Secretary of the Army may 

15 construct or acquire family housing units (including 

16 land acquisition and supporting facilities) at the 

17 Army National Guard and Army Reserve locations, 
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1 in the number of units, and in the amounts, set forth 

2 in the following table: 

Army National Guard and Reserve: Family Housing 

State Installation or Location Units Amount 

California ........................ Fort Hunter-Liggett ....... 5 ....................... $2,370,000 

Sierra Army Depot ........ 1 ....................... $707,000 

Illinois ............................. Rock Island ..................... 2 ....................... $930,000 

Oklahoma ........................ McAlester Army Depot ... 6 ....................... $2,200,000 

Pennsylvania .................. Letterkenny Army Depot 3 ....................... $1,050,000 

Tobyhanna ...................... 2 ....................... $1,000,000 

Utah ................................. Dugway Proving 

Grounds.

20 ..................... $10,000,000 

Virginia ........................... Radford Army Ammunition Plant.4 ....................... $1,300,000 

Wisconsin ........................ Fort McCoy ..................... 23 ..................... $14,000,000 

3 Subtitle A—Military Construction 

4 Program and Military Family 

5 Housing Changes 

6 SEC. 2811. EXTENSION OF AUTHORITY TO USE OPERATION 

7 AND MAINTENANCE FUNDS FOR CONSTRUC8 TION PROJECTS INSIDE THE UNITED STATES 

9 CENTRAL COMMAND AND UNITED STATES AF10 RICA COMMAND AREAS OF RESPONSIBILITY. 

11 Section 2808 of the Military Construction Authoriza12 tion Act for Fiscal Year 2004 (division B of Public Law 

13 108–136; 117 Stat. 1723), as amended by section 2810 of 

14 the Military Construction Authorization Act for Fiscal Year 

15 2005 (division B of Public Law 108–375; 118 Stat. 2128), 

16 section 2809 of the Military Construction Authorization Act 

17 for Fiscal Year 2006 (division B of Public Law 109–163; 

18 119 Stat. 3508), section 2802 of the Military Construction 

19 Authorization Act for Fiscal Year 2007 (division B of Pub-
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1 lic Law 109–364; 120 Stat. 2466), section 2801 of the Mili2 tary Construction Authorization Act for Fiscal Year 2008 

3 (division B of Public Law 110–181; 122 Stat. 538), and 

4 section 2806 of the Military Construction Authorization Act 

5 for Fiscal Year 2009 (division B of Public Law 110–417; 

6 122 Stat. 4724) is further amended— 

7 (1) in subsection (a), by striking ‘‘2009’’ and in8 serting ‘‘2010’’; and 

9 (2) in subsection (c)(2), by inserting ‘‘or fiscal 

10 year 2010’’ after ‘‘fiscal year 2009’’. 

11 SEC. 2812. MODIFICATION OF AUTHORITY FOR SCOPE OF 

12 WORK VARIATIONS. 

13 Section 2853 of title 10, United States Code, is amend14 ed— 

15 (1) in subsection (b)— 

16 (A) by striking ‘‘Except as provided in sub17 section (c)’’ and inserting ‘‘(1) Except as pro18 vided in subsection (c)’’; 

19 (B) by striking ‘‘may be reduced by not 

20 more than 25 percent from the amount approved 

21 for that project, construction, improvement, or 

22 acquisition by Congress.’’ and inserting ‘‘may be 

23 reduced by not more than 25 percent from the 

24 amount specified for that project, construction, 

25 improvement, or acquisition in the justification 
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1 data provided to Congress as part of the request 

2 for authorization of the project, construction, im3 provement, or acquisition.’’; and 

4 (C) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) The scope of work for a military construction 

7 project or for the construction, improvement, and acquisi8 tion of a military family housing project may not be in9 creased above the amount specified for that project, con10 struction, improvement, or acquisition in the justification 

11 data provided to Congress as part of the request for author12 ization of the project, construction, improvement, or acqui13 sition.’’; and 

14 (2) in subsection (c), by striking ‘‘limitation on 

15 scope reduction in subsection (b)’’ and inserting ‘‘lim16 itation on scope reduction in subsection (b)(1)’’. 

17 SEC. 2813. MODIFICATION OF CONVEYANCE AUTHORITY AT 

18 MILITARY INSTALLATIONS. 

19 (a) LIMITED PURPOSES FOR WHICH REAL PROPERTY

20 MAY BE CONVEYED.—Section 2869 of title 10, United 

21 States Code, is amended— 

22 (1) in the section heading, by striking ‘‘to sup23 port military construction or limit en24 croachment’’ and inserting ‘‘to limit en25 croachment’’; 
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1 (2) in subsection (a)— 

2 (A) in paragraph (1)— 

3 (i) by striking ‘‘agrees, in exchange for 

4 the real property—’’ and all that follows 

5 through ‘‘to carry out a military construc6 tion project or land acquisition’’ and insert7 ing ‘‘agrees, in exchange for the real prop8 erty, to carry out a land acquisition’’; 

9 (ii) by striking ‘‘; or’’ and inserting a 

10 period; and 

11 (iii) by striking subparagraph (B); 

12 and 

13 (B) by striking paragraph (3); 

14 (3) in subsection (b), by striking ‘‘fair market 

15 value of the military construction, military family 

16 housing, or military unaccompanied housing’’ both 

17 places it appears and inserting ‘‘fair market value of 

18 the land’’; 

19 (4) by amending subsection (c) to read as fol20 lows: 

21 ‘‘(c) LIMITATION ON USE OF CONVEYANCE AUTHORITY

22 AT INSTALLATIONS CLOSED UNDER BASE CLOSURE

23 LAWS.—The authority under subsection (a)(2)(A) to convey 

24 property located on a military installation may only be 
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† HR 2647 EAS 

1 used to the extent the conveyance is consistent with an ap2 proved redevelopment plan for such installation.’’; and 

3 (5) in subsection (d)(2)(A), by striking ‘‘military 

4 construction project, land acquisition, military fam5 ily housing, or military unaccompanied housing’’ 

6 both places it appears and inserting ‘‘land acquisi7 tion’’. 

8 (b) REQUIREMENT TO DEPOSIT FUNDS IN FOREIGN

9 CURRENCY FLUCTUATIONS, CONSTRUCTION, DEFENSE AC10 COUNT.—Subsection (e) of such section is amended by strik11 ing ‘‘(1) Except as provided in paragraph (2), the Secretary 

12 concerned may deposit funds’’ and all that follows through 

13 ‘‘funds deposited under paragraph (2) shall be available’’ 

14 in paragraph (3) and inserting ‘‘The Secretary concerned 

15 shall deposit funds received under subsection (b) in the ap16 propriation ‘Foreign Currency Fluctuations, Construction, 

17 Defense’. The funds deposited shall be available’’. 

18 (c) ELIMINATION OF ANNUAL REPORT REQUIREMENT; 

19 SUNSET.—Subsection (f) of such section is amended to read 

20 as follows: 

21 ‘‘(f) SUNSET.—The authority to enter into an agree22 ment under this section shall expire on September 30, 

23 2013.’’. 
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1 (d) CLERICAL AMENDMENT.—The item relating to 

2 such section in the table of sections at the beginning of chap3 ter 169 of such title is amended to read as follows: 

‘‘2869. Conveyance of property at military installations to limit encroachment.’’. 

4 SEC. 2814. TWO-YEAR EXTENSION OF AUTHORITY FOR 

5 PILOT PROJECTS FOR ACQUISITION OR CON6 STRUCTION OF MILITARY UNACCOMPANIED 

7 HOUSING. 

8 Section 2881a of title 10, United States Code, is 

9 amended by striking ‘‘2009’’ and inserting ‘‘2011’’. 

10 Subtitle B—Energy Security 

11 SEC. 2821. REPORT ON DEPARTMENT OF DEFENSE EFFORTS 

12 TOWARD INSTALLATION OF SOLAR PANELS 

13 AND OTHER RENEWABLE ENERGY PROJECTS 

14 ON MILITARY INSTALLATIONS. 

15 (a) REPORT REQUIRED.—Not later than 180 days 

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

17 of Defense shall submit to the congressional defense commit18 tees a report that describes and assesses current Department 

19 of Defense efforts toward the installation of solar panels and 

20 other renewable energy projects on military installations 

21 and facilities. 

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

23 shall set forth the following: 

24 (1) A description and assessment of the status of 

25 current Department efforts toward the installation of 
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1 solar panels and other renewable energy projects on 

2 military installations and facilities. 

3 (2) A description of any legislative, administra4 tive, or other impediments to such efforts. 

5 (3) Such recommendations for legislative or ad6 ministrative action as the Secretary considers appro7 priate for purposes of— 

8 (A) furthering such efforts; and 

9 (B) achieving the renewable energy goals of 

10 the Department by 2025. 

11 (4) Such other matters as the Secretary considers 

12 appropriate. 

13 Subtitle C—Land Conveyances 

14 SEC. 2831. LAND CONVEYANCE, NAVAL AIR STATION 

15 OCEANA, VIRGINIA. 

16 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

17 Navy may convey to the City of Virginia Beach, Virginia 

18 (in this section referred to as the ‘‘City’’), all right, title, 

19 and interest of the United States in and to a parcel of real 

20 property, including any improvements thereon, consisting 

21 of approximately 2.4 acres at Naval Air Station, Oceana, 

22 Virginia, for the purpose of permitting the City to expand 

23 services to support the Marine Animal Care Center. 

24 (b) CONSIDERATION.—As consideration for the convey25 ance under subsection (a), the City shall provide compensa-
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1 tion to the Secretary of the Navy in an amount equal to 

2 the fair market value of the real property conveyed under 

3 such subsection, as determined by appraisals acceptable to 

4 the Secretary. 

5 (c) DESCRIPTION OF PROPERTY.—The exact acreage 

6 and legal description of the real property to be exchanged 

7 under this section shall be determined by surveys satisfac8 tory to the Secretary. 

9 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

10 (1) PAYMENT REQUIRED.—The Secretary shall 

11 require the City to cover costs to be incurred by the 

12 Secretary, or to reimburse the Secretary for costs in13 curred by the Secretary, to carry out the conveyance 

14 under this section, including survey costs related to 

15 the conveyance. If amounts are collected from the City 

16 in advance of the Secretary incurring the actual costs, 

17 and the amount collected exceeds the costs actually in18 curred by the Secretary to carry out the conveyance, 

19 the Secretary shall refund the excess amount to the 

20 City. 

21 (2) TREATMENT OF AMOUNTS RECEIVED.— 

22 Amounts received under paragraph (1) as reimburse23 ment for costs incurred by the Secretary to carry out 

24 the conveyance under this section shall be credited to 

25 the fund or account that was used to cover the costs 
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1 incurred by the Secretary in carrying out the convey2 ance. Amounts so credited shall be merged with 

3 amounts in such fund or account and shall be avail4 able for the same purposes, and subject to the same 

5 conditions and limitations, as amounts in such fund 

6 or account. 

7 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec8 retary may require such additional terms and conditions 

9 in connection with the conveyance under this section as the 

10 Secretary considers appropriate to protect the interests of 

11 the United States. 

12 SEC. 2832. RELEASE OF REVERSIONARY INTEREST. 

13 The United States releases to the State of Arkansas the 

14 reversionary interest described in sections 2 and 3 of the 

15 Act entitled ‘‘An Act authorizing the transfer of part of 

16 Camp Joseph T. Robinson to the State of Arkansas’’, ap17 proved June 30, 1950 (64 Stat. 311, chapter 429), in and 

18 to the surface estate of the land constituting Camp Joseph 

19 T. Robinson, Arkansas, which is comprised of 40.515 acres 

20 of land to be acquired by the United States of America and 

21 40.513 acres to be acquired by the City of North Little Rock, 

22 Arkansas, and lies in sections 6, 8, and 9 of township 2 

23 North, Range 12 West, Pulaski County, Arkansas. 
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1 SEC. 2833. LAND CONVEYANCE, ELLSWORTH AIR FORCE 

2 BASE, SOUTH DAKOTA. 

3 (a) CHANGE IN RECIPIENT UNDER EXISTING AUTHOR4 ITY.— 

5 (1) IN GENERAL.—Section 2863(a) of the Mili6 tary Construction Act for Fiscal Year 1998 (division 

7 B of Public Law 105–85; 111 Stat. 2010), as amend8 ed by section 2865(a) of the Military Construction 

9 Act for Fiscal Year 2001 (as enacted into law by Pub10 lic Law 106–398; 114 Stat. 1654A–435), is further 

11 amended by striking ‘‘West River Foundation for 

12 Economic and Community Development, Sturgis, 

13 South Dakota (in this section referred to as the 

14 ‘Foundation’)’’ and inserting ‘‘South Dakota Ells15 worth Development Authority, Pierre, South Dakota 

16 (in this section referred to as the ‘Authority’)’’. 

17 (2) TECHNICAL AND CONFORMING AMEND18 MENTS.—Section 2863 of the Military Construction 

19 Act for Fiscal Year 1998 (division B of Public Law 

20 105–85; 111 Stat. 2010), as amended by section 

21 2865(b) of the Military Construction Act for Fiscal 

22 Year 2001 (as enacted into law by Public Law 106– 

23 398; 114 Stat. 1654A–435), is further amended— 

24 (A) by striking ‘‘Foundation’’ each place it 

25 appears in subsections (c) and (e) and inserting 

26 ‘‘Authority’’; 
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1 (B) in subsection (b)(1)— 

2 (i) in subparagraph (B), by striking 

3 ‘‘137.56 acres’’ and inserting ‘‘120.70 

4 acres’’; and 

5 (ii) by striking subparagraphs (C), 

6 (D), and (E). 

7 (b) NEW CONVEYANCE AUTHORITY.— 

8 (1) CONVEYANCE AUTHORIZED.—The Secretary 

9 of the Air Force may convey, without consideration, 

10 to the South Dakota Ellsworth Development Author11 ity, Pierre, South Dakota (in this subsection referred 

12 to as the ‘‘Authority’’), all right, title, and interest of 

13 the United States in and to the parcels of real prop14 erty located at Ellsworth Air Force Base, South Da15 kota, referred to in paragraph (2). 

16 (2) COVERED PROPERTY.—The real property re17 ferred to in paragraph (1) is the following: 

18 (A) A parcel of real property, together with 

19 any improvements thereon, consisting of ap20 proximately 2.37 acres and comprising the 

21 11000 West Communications Annex. 

22 (B) A parcel of real property, together with 

23 any improvements thereon, consisting of ap24 proximately 6.643 acres and comprising the 

25 South Nike Education Annex. 
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1 (3) CONDITION.—As a condition of the convey2 ance under this subsection, the Authority, and any 

3 person or entity to which the Authority transfers the 

4 property, shall comply in the use of the property with 

5 the applicable provisions of the Ellsworth Air Force 

6 Base Air Installation Compatible Use Zone Study. 

7 (4) REVERSIONARY INTEREST.—If the Secretary 

8 determines at any time that the real property con9 veyed under paragraph (1) is not being used in com10 pliance with the applicable provisions of the Ells11 worth Air Force Base Air Installation Compatible 

12 Use Zone Study, all right, title, and interest in and 

13 to such real property, including any improvements 

14 and appurtenant easements thereto, shall, at the op15 tion of the Secretary, revert to and become the prop16 erty of the United States, and the United States shall 

17 have the right of immediate entry onto such real 

18 property. A determination by the Secretary under 

19 this paragraph shall be made on the record after an 

20 opportunity for a hearing. 

21 (5) DESCRIPTION OF PROPERTY.—The exact 

22 acreage and legal description of the real property to 

23 be conveyed under this subsection shall be determined 

24 by a survey satisfactory to the Secretary. 
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1 (6) ADDITIONAL TERMS AND CONDITIONS.—The 

2 Secretary may require such additional terms and 

3 conditions in connection with the conveyance under 

4 this subsection as the Secretary considers appropriate 

5 to protect the interests of the United States. 

6 SEC. 2834. LAND CONVEYANCE, F.E. WARREN AIR FORCE 

7 BASE, CHEYENNE, WYOMING. 

8 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

9 Air Force may convey to the County of Laramie, Wyoming 

10 (in this section referred to as the ‘‘County’’) all right, title, 

11 and interest of the United States in and to a parcel of real 

12 property, including any improvements thereon and appur13 tenant easements thereto, consisting of approximately 73 

14 acres along the southeastern boundary of F.E. Warren Air 

15 Force Base, Cheyenne, Wyoming, for the purpose of remov16 ing the property from the boundaries of the installation and 

17 permitting the County to preserve the entire property for 

18 healthcare facilities. 

19 (b) CONSIDERATION.— 

20 (1) IN GENERAL.—As consideration for the con21 veyance under subsection (a), the County shall pro22 vide the United States consideration, whether by cash 

23 payment, in-kind consideration as described under 

24 paragraph (2), or a combination thereof, in an 

25 amount that is not less than the fair market value of 
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1 the conveyed real property, as determined by the Sec2 retary. 

3 (2) IN-KIND CONSIDERATION.—In-kind consider4 ation provided by the County under paragraph (1) 

5 may include the acquisition, construction, provision, 

6 improvement, maintenance, repair, or restoration (in7 cluding environmental restoration), or combination 

8 thereof, of any facilities or infrastructure relating to 

9 the security of F.E. Warren Air Force Base, that the 

10 Secretary considers acceptable. 

11 (3) RELATION TO OTHER LAWS.—Sections 2662 

12 and 2802 of title 10, United States Code, shall not 

13 apply to any new facilities or infrastructure received 

14 by the United States as in-kind consideration under 

15 paragraph (2). 

16 (4) NOTICE TO CONGRESS.—The Secretary shall 

17 provide written notification to the congressional de18 fense committees of the types and value of consider19 ation provided the United States under paragraph 

20 (1). 

21 (5) TREATMENT OF CASH CONSIDERATION RE22 CEIVED.—Any cash payment received by the United 

23 States under paragraph (1) shall be deposited in the 

24 special account in the Treasury established under sub25 section (b) of section 572 of title 40, United States 
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1 Code, and shall be available in accordance with para2 graph (5)(B)(ii) of such subsection. 

3 (c) REVERSIONARY INTEREST.— 

4 (1) IN GENERAL.—If the Secretary determines at 

5 any time that the County is not using the property 

6 conveyed under subsection (a) in accordance with the 

7 purpose of the conveyance specified in such subsection, 

8 all right, title, and interest in and to the property, 

9 including any improvements thereon, shall revert, at 

10 the option of the Secretary, to the United States, and 

11 the United States shall have the right of immediate 

12 entry onto the property. Any determination of the 

13 Secretary under this subsection shall be made on the 

14 record after an opportunity for a hearing. 

15 (2) RELEASE OF REVERSIONARY INTEREST.—The 

16 Secretary shall release, without consideration, the re17 versionary interest retained by the United States 

18 under paragraph (1) if— 

19 (A) F.E. Warren Air Force Base, Cheyenne 

20 Wyoming, is no longer being used for Depart21 ment of Defense activities; or 

22 (B) the Secretary determines that the rever23 sionary interest is otherwise unnecessary to pro24 tect the interests of the United States. 

25 (d) PAYMENT OF COSTS OF CONVEYANCE.— 
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1 (1) PAYMENT REQUIRED.—The Secretary shall 

2 require the County to cover costs to be incurred by the 

3 Secretary, or to reimburse the Secretary for costs in4 curred by the Secretary, to carry out the conveyance 

5 under subsection (a) and implement the receipt of in6 kind consideration under paragraph (b), including 

7 survey costs, appraisal costs, costs related to environ8 mental documentation, and other administrative costs 

9 related to the conveyance and receipt of in-kind con10 sideration. If amounts are received from the County 

11 in advance of the Secretary incurring the actual costs, 

12 and the amount received exceeds the costs actually in13 curred by the Secretary under this section, the Sec14 retary shall refund the excess amount to the County. 

15 (2) TREATMENT OF AMOUNTS RECEIVED.— 

16 Amounts received as reimbursements under para17 graph (1) shall be credited to the fund or account that 

18 was used to cover the costs incurred by the Secretary 

19 in carrying out the conveyance and implementing the 

20 receipt of in-kind consideration. Amounts so credited 

21 shall be merged with amounts in such fund or account 

22 and shall be available for the same purposes, and sub23 ject to the same conditions and limitations, as 

24 amounts in such fund or account. 
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1 (e) DESCRIPTION OF REAL PROPERTY.—The exact 

2 acreage and legal description of the real property to be con3 veyed under subsection (a) shall be determined by a survey 

4 satisfactory to the Secretary. 

5 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec6 retary may require such additional terms and conditions 

7 in connection with the conveyance under subsection (a) as 

8 the Secretary considers appropriate to protect the interests 

9 of the United States. 

10 SEC. 2835. LAND CONVEYANCE, LACKLAND AIR FORCE 

11 BASE, TEXAS. 

12 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

13 Air Force may convey to an eligible entity, all right, title, 

14 and interest of the United States to not more than 250 acres 

15 of real property and associated easements and improve16 ments on Lackland Air Force Base, Texas, in exchange for 

17 real property adjacent to or near the installation for the 

18 purpose of relocating and consolidating Air Force tenants 

19 located on the former Kelly Air Force Base, Texas, onto the 

20 main portion of Lackland Air Force Base. 

21 (b) CONDITION OF CONVEYANCE.—The conveyance 

22 under subsection (a) shall be subject to the condition that 

23 the eligible entity accept the real property in its condition 

24 at the time of the conveyance, commonly known as convey25 ance ‘‘as is’’ and not subject to the requirements for cov-
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1 enants in deed under section 120(h)(3) of the Comprehen2 sive Environmental Response, Compensation, and Liability 

3 Act of 1980 (42 U.S.C. 9620(h)(3)). 

4 (c) ELIGIBLE ENTITIES.—A conveyance under this 

5 section may be made to the City of San Antonio, Texas, 

6 or an organization or agency chartered or sponsored by the 

7 local or State government. 

8 (d) CONSIDERATION.—As consideration for the convey9 ance under subsection (a), the eligible entity shall provide 

10 the Air Force with real property or real property improve11 ments, or a combination of both, of equal value, as deter12 mined by the Secretary. If the fair market value of the real 

13 property or real property improvements, or combination 

14 thereof, is less than the fair market value of the real prop15 erty to be conveyed by the Air Force, the eligible entity shall 

16 provide cash payment to the Air Force, or provide Lackland 

17 Air Force Base with in-kind consideration of an amount 

18 equal to the difference in the fair market values. Any cash 

19 payment received by the Air Force for the conveyance au20 thorized by subsection (a) shall be deposited in the special 

21 account described in section 2667(e) of title 10, United 

22 States Code, and shall be available to the Secretary for the 

23 same uses and subject to the same limitations as provided 

24 in that section. 

25 (e) PAYMENT OF COSTS OF CONVEYANCE.— 
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1 (1) IN GENERAL.—The Secretary may require 

2 the eligible entity to cover costs to be incurred by the 

3 Secretary, or to reimburse the Secretary for costs in4 curred by the Secretary, to carry out the conveyances 

5 under this section, including survey costs, costs re6 lated to environmental documentation, and other ad7 ministrative costs related to the conveyances. If 

8 amounts are collected from the eligible entity in ad9 vance of the Secretary incurring the actual costs, and 

10 the amount collected exceeds the costs actually in11 curred by the Secretary to carry out the conveyance, 

12 the Secretary shall refund the excess amount to the el13 igible entity. 

14 (2) TREATMENT OF AMOUNTS RECEIVED.— 

15 Amounts received as reimbursement under paragraph 

16 (1) shall be credited to the fund or account that was 

17 used to cover the costs incurred by the Secretary in 

18 carrying out the conveyances. Amounts so credited 

19 shall be merged with amounts in such fund or ac20 count, and shall be available for the same purposes, 

21 and subject to the same conditions and limitations, as 

22 amounts in such fund or account. 

23 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

24 and legal description of the real property to be conveyed 
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† HR 2647 EAS 

1 under subsection (a) shall be determined by a survey satis2 factory to the Secretary. 

3 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions 

5 in connection with the conveyances under this section as 

6 the Secretary considers appropriate to protect the interests 

7 of the United States. 

8 SEC. 2836. LAND CONVEYANCE, HAINES TANK FARM, 

9 HAINES, ALASKA. 

10 (a) CONVEYANCE AUTHORIZED.—The Secretary of the 

11 Army may convey to the Chilkoot Indian Association (in 

12 this section referred to as the ‘‘Association’’) all right, title, 

13 and interest of the United States in and to a parcel of real 

14 property, including improvements thereon, consisting of ap15 proximately 201 acres located at the former Haines Fuel 

16 Terminal (also known as the Haines Tank Farm) in 

17 Haines, Alaska, for the purpose of permitting the Associa18 tion to develop a Deep Sea Port and for other industrial 

19 and commercial development purposes. To the extent prac20 ticable, the Secretary is encouraged to complete the convey21 ance by September 30, 2013, but not prior to the date of 

22 completion of all obligations referenced in subsection (e). 

23 (b) CONSIDERATION.—As consideration for the convey24 ance under subsection (a), the Association shall pay to the 

25 Secretary an amount equal to the fair market value of the 
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† HR 2647 EAS 

1 property, as determined by the Secretary. The determina2 tion of the Secretary shall be final. 

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, 
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† HR 2647 EAS 

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.—The Haines Tank Farm is 

13 currently under a remedial investigation (RI) for petro14 leum, oil and lubricants contamination. Nothing in this 

15 section shall be construed to affect or limit the application 

16 of, or any obligation to comply with, any environmental 

17 law, including the National Environmental Policy Act (42 

18 U.S.C. 4321 et seq.), the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 

20 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 

21 6901 et seq.). 

22 (f) DESCRIPTION OF PROPERTY.—The exact acreage 

23 and legal description of the real property to be conveyed 

24 under this section shall be determined by a survey satisfac25 tory to the Secretary. 
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† HR 2647 EAS 

1 (g) 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. 2837. LAND CONVEYANCES OF CERTAIN PARCELS IN 

7 THE CAMP CATLIN AND OHANA NUI AREAS, 

8 PEARL HARBOR, HAWAII. 

9 (a) CONVEYANCES AUTHORIZED.—The Secretary of 

10 the Navy (‘‘the Secretary’’) may convey to any person or 

11 entity leasing or licensing real property located at Camp 

12 Catlin and Ohana Nui areas, Hawaii, as of the date of the 

13 enactment of this Act (‘‘the lessee’’) all right, title, and in14 terest of the United States in and to the portion of such 

15 property that is respectively leased or licensed by such per16 son or entity for the purpose of continuing the same func17 tions as are being conducted on the property as of the date 

18 of the enactment of this Act. 

19 (b) CONSIDERATION.—As consideration for a convey20 ance under subsection (a), the lessee shall provide the 

21 United States, whether by cash payment, in-kind consider22 ation, or a combination thereof, an amount that is not less 

23 than the fair market of the conveyed property, as deter24 mined pursuant to an appraisal acceptable to the Sec25 retary. 
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† HR 2647 EAS 

1 (c) EXERCISE OF RIGHT TO PURCHASE PROPERTY.— 

2 (1) ACCEPTANCE OF OFFER.—For a period of 

3 180 days beginning on the date the Secretary makes 

4 a written offer to convey the property or any portion 

5 thereof under subsection (a), the lessee shall have the 

6 exclusive right to accept such offer by providing writ7 ten notice of acceptance to the Secretary within the 

8 specified 180-day time period. If the Secretary’s offer 

9 is not so accepted within the 180-day period, the offer 

10 shall expire. 

11 (2) CONVEYANCE DEADLINE.—If a lessee accepts 

12 the offer to convey the property or a portion thereof 

13 in accordance with paragraph (1), the conveyance 

14 shall take place not later than 2 years after the date 

15 of the lessee’s written acceptance, provided that the 

16 conveyance date may be extended for a reasonable pe17 riod of time by mutual agreement of the parties, evi18 denced by a written instrument executed by the par19 ties prior to the end of the 2-year period. If the les20 see’s lease or license term expires before the convey21 ance is completed, the Secretary may extend the lease 

22 or license term up to the date of conveyance, provided 

23 that the lessee shall be required to pay for such ex24 tended term at the rate in effect at the time it was 

25 declared excess property. 
838 

† HR 2647 EAS 

1 (d) PAYMENT OF COSTS OF CONVEYANCES.— 

2 (1) PAYMENT REQUIRED.—The Secretary shall 

3 require the lessee to cover costs to be incurred by the 

4 Secretary, or to reimburse the Secretary for costs in5 curred by the Secretary, to carry out a conveyance 

6 under subsection (a), including survey costs, related 

7 to the conveyance. If amounts are collected from the 

8 lessee in advance of the Secretary incurring the actual 

9 costs, and the amount collected exceeds the costs actu10 ally incurred by the Secretary to carry out the con11 veyance, the Secretary shall refund the excess amount 

12 to the lessee. 

13 (2) TREATMENT OF AMOUNTS RECEIVED.— 

14 Amounts received under paragraph (1) as reimburse15 ment for costs incurred by the Secretary to carry out 

16 a conveyance under subsection (a) shall be credited to 

17 the fund or account that was used to cover the costs 

18 incurred by the Secretary in carrying out the convey19 ance. Amounts so credited shall be merged with 

20 amounts in such fund or account and shall be avail21 able for the same purposes, and subject to the same 

22 conditions and limitations, as amounts in such fund 

23 or account. 

24 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

25 and legal description of any real property to be conveyed 
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† HR 2647 EAS 

1 under subsection (a) shall be determined by a survey satis2 factory to the Secretary. 

3 (f) ADDITIONAL TERM AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions 

5 in connection with a conveyance under subsection (a) as 

6 the Secretary considers appropriate to protect the interests 

7 of the United States. 

8 Subtitle D—Other Matters 

9 SEC. 2841. EXPANSION OF FIRST SERGEANTS BARRACKS 

10 INITIATIVE. 

11 (a) EXPANSION OF INITIATIVE.—Not later than Sep12 tember 30, 2011, the Secretary of the Army shall expand 

13 the First Sergeants Barracks Initiative (FSBI) to include 

14 all Army installations in order to improve the quality of 

15 life and living environments for single soldiers. 

16 (b) PROGRESS REPORTS.—Not later than February 

17 15, 2010, and February 15, 2011, the Secretary of the Army 

18 shall submit to Congress a report describing the progress 

19 made in expanding the First Sergeants Barracks Initiative 

20 to all Army installations, including whether the Secretary 

21 anticipates meeting the deadline imposed by subsection (a). 
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1 TITLE XXIX—OVERSEAS CONTIN2 GENCY OPERATIONS MILI3 TARY CONSTRUCTION AU4 THORIZATIONS 

5 SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 

6 ACQUISITION PROJECTS. 

7 (a) OUTSIDE THE UNITED STATES.—Using amounts 

8 appropriated pursuant to the authorization of appropria9 tions in subsection (b)(1), the Secretary of the Army may 

10 acquire real property and carry out military construction 

11 projects to construct or renovate warrior transition unit fa12 cilities at the installations or locations outside the United 

13 States set forth in the following table: 

Army: Outside the United States 

Country Installation or Location Amount 

Various ................................. Various locations ....................................... $854,600,000 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Funds are 

15 hereby authorized to be appropriated for fiscal years begin16 ning after September 30, 2009, for military construction, 

17 land acquisition, and military family housing functions of 

18 the Department of the Army in the total amount of 

19 $930,484,000, as follows: 

20 (1) For military construction projects outside the 

21 United States authorized by subsection (a), 

22 $854,600,000. 
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† HR 2647 EAS 

1 (2) For architectural and engineering services 

2 and construction design under section 2807 of title 

3 10, United States Code, $75,884,000. 

4 (c) REPORT REQUIRED BEFORE COMMENCING CER5 TAIN PROJECTS.—Funds may not be obligated for the 

6 projects authorized by this section until 14 days after the 

7 date on which the Secretary of Defense submits to the con8 gressional defense committees a report containing a detailed 

9 justification for the projects. 

10 SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 

11 LAND ACQUISITION PROJECTS. 

12 (a) OUTSIDE THE UNITED STATES.—Using amounts 

13 appropriated pursuant to the authorization of appropria14 tions in subsection (b)(1), the Secretary of the Air Force 

15 may acquire real property and carry out military construc16 tion projects to construct or renovate warrior transition 

17 unit facilities at the installations or locations outside the 

18 United States set forth in the following table: 

Air Force: Outside the United States 

Country Installation or Location Amount 

Various ................. Various locations ................................................... $439,500,000 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—Subject to 

20 section 2825 of title 10, United States Code, funds are here21 by authorized to be appropriated for fiscal years beginning 

22 after September 30, 2009, for military construction, land 

23 acquisition, and military family housing functions of the 
842 

† HR 2647 EAS 

1 Department of the Air Force in the total amount of 

2 $474,500,000, as follows: 

3 (1) For military construction projects outside the 

4 United States authorized by subsection (a), 

5 $439,500,000. 

6 (2) For architectural and engineering services 

7 and construction design under section 2807 of title 

8 10, United States Code, $35,000,000. 

9 (c) REPORT REQUIRED BEFORE COMMENCING CER10 TAIN PROJECTS.—Funds may not be obligated for the 

11 projects authorized by this section until 14 days after the 

12 date on which the Secretary of Defense submits to the con13 gressional defense committees a report containing a detailed 

14 justification for the projects. 
843 

† HR 2647 EAS 

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 

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 

15 Nuclear Security Administration in carrying out programs 

16 necessary for national security in the amount of 

17 $10,051,215,000, to be allocated as follows: 

18 (1) For weapons activities, $6,490,619,000. 

19 (2) For defense nuclear nonproliferation activi20 ties, including $705,900,000 for fissile materials dis21 position, $2,136,709,000. 

22 (3) For naval reactors, $1,003,133,000. 

23 (4) For the Office of the Administrator for Nu24 clear Security, $420,754,000. 
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† HR 2647 EAS 

1 (b) AUTHORIZATION OF NEW PLANT PROJECTS.— 

2 From funds referred to in subsection (a) that are available 

3 for carrying out plant projects, the Secretary of Energy 

4 may carry out new plant projects for the National Nuclear 

5 Security Administration as follows: 

6 (1) For readiness in technical base and facilities, 

7 the following new plant project: 

8 Project 10–D–501, Nuclear Facility Risk 

9 Reduction (NFRR), Y–12 National Security 

10 Complex, Oak Ridge, Tennessee, $12,500,000. 

11 (2) For defense nuclear security, the following 

12 new plant project: 

13 Project 10–D–701, Security Improvement 

14 Project (SIP), Y–12 National Security Complex, 

15 Oak Ridge, Tennessee, $49,000,000. 

16 (3) For naval reactors, the following new plant 

17 projects: 

18 Project 10–D–904, Naval Reactors Facility 

19 (NRF) infrastructure upgrades, Naval Reactors 

20 Facility, Idaho Falls, Idaho, $700,000. 

21 Project 10–D–903, Security upgrades, 

22 Knolls Atomic Power Laboratory, Knolls Site 

23 and Kesselring Site, Schenectady, New York, 

24 $1,500,000. 
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† HR 2647 EAS 

1 SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 

2 Funds are hereby authorized to be appropriated to the 

3 Department of Energy for fiscal year 2010 for defense envi4 ronmental cleanup activities in carrying out programs nec5 essary for national security in the amount of 

6 $5,395,831,000. 

7 SEC. 3103. OTHER DEFENSE ACTIVITIES. 

8 Funds are hereby authorized to be appropriated to the 

9 Department of Energy for fiscal year 2010 for other defense 

10 activities in carrying out programs necessary for national 

11 security in the amount of $852,468,000. 

12 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 

13 Funds are hereby authorized to be appropriated to the 

14 Department of Energy for fiscal year 2010 for defense nu15 clear waste disposal for payment to the Nuclear Waste Fund 

16 established in section 302(c) of the Nuclear Waste Policy 

17 Act of 1982 (42 U.S.C. 10222(c)) in the amount of 

18 $98,400,000. 

19 SEC. 3105. FUNDING TABLE. 

20 The amounts authorized to be appropriated by sections 

21 3101, 3102, 3103, and 3104 shall be available, in accord22 ance with the requirements of section 4001, for projects, pro23 grams, and activities, and in the amounts, specified in the 

24 funding table in section 4501. 
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1 Subtitle B—Program Authoriza2 tions, Restrictions, and Limita3 tions 

4 SEC. 3111. NUCLEAR WEAPONS STOCKPILE LIFE EXTEN5 SION PROGRAM. 

6 Section 4204 of the Atomic Energy Defense Act (50 

7 U.S.C. 2524) is amended to read as follows: 

8 ‘‘SEC. 4204. NUCLEAR WEAPONS STOCKPILE LIFE EXTEN9 SION PROGRAM. 

10 ‘‘(a) PROGRAM REQUIRED.—The Secretary of Energy 

11 shall, in consultation with the Secretary of Defense, carry 

12 out a program to provide for the extension of the effective 

13 life of the weapons in the nuclear weapons stockpile without 

14 nuclear weapons testing. 

15 ‘‘(b) ADMINISTRATIVE RESPONSIBILITY FOR PRO16 GRAM.— 

17 ‘‘(1) IN GENERAL.—The program under sub18 section (a) shall be carried out through the National 

19 Nuclear Security Administration. 

20 ‘‘(2) INCLUSION OF PROGRAM FUNDS IN BUDG21 ET.—For each budget submitted by the President to 

22 Congress under section 1105 of title 31, United States 

23 Code, the amounts requested for the program under 

24 subsection (a) shall be clearly identified in the budget 
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1 justification materials submitted to Congress in sup2 port of that budget. 

3 ‘‘(c) PROGRAM PLAN.—As part of the program under 

4 subsection (a), the Secretary of Energy shall develop a long5 term plan to extend the effective life of the weapons in the 

6 nuclear weapons stockpile without nuclear weapons testing. 

7 The plan shall include the following: 

8 ‘‘(1) Mechanisms to provide for the manufacture, 

9 maintenance, and modernization of each weapon de10 sign in the nuclear stockpile, as needed. 

11 ‘‘(2) Mechanisms to expedite the collection of in12 formation necessary for carrying out the program, in13 cluding information relating to the aging of materials 

14 and components, new manufacturing techniques, and 

15 the replacement or substitution of materials. 

16 ‘‘(3) Mechanisms to ensure the appropriate as17 signment of roles and missions for each nuclear weap18 ons laboratory and production plant of the Depart19 ment of Energy, including mechanisms for allocation 

20 of workload, mechanisms to ensure the carrying out 

21 of appropriate modernization activities, and mecha22 nisms to ensure the retention of skilled personnel. 

23 ‘‘(4) Mechanisms to ensure that each national 

24 laboratory of the National Nuclear Security Adminis25 tration has full and complete access to all weapons 
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1 data to enable a rigorous peer review process to sup2 port the annual assessment of the condition of the nu3 clear weapons stockpile required under section 4205. 

4 ‘‘(5) Mechanisms for allocating funds for activi5 ties under the program, including allocations of funds 

6 by weapon type and facility. 

7 ‘‘(6) An identification of the funds needed, in the 

8 current fiscal year and in each of the next 5 fiscal 

9 years, to carry out the program. 

10 ‘‘(d) ANNUAL UPDATES.—The Secretary of Energy 

11 shall update the plan required under subsection (c) annu12 ally and shall submit the updated plan to Congress as part 

13 of the plan for maintaining the nuclear weapons stockpile 

14 submitted to Congress under section 4203(c). 

15 ‘‘(e) SENSE OF CONGRESS ON FUNDING OF PRO16 GRAM.—It is the sense of Congress that the President should 

17 include in each budget for a fiscal year submitted to Con18 gress under section 1105 of title 31, United States Code, 

19 sufficient funds to carry out in that fiscal year the activities 

20 under the program under subsection (a) that are specified 

21 in the most current version of the plan required under sub22 section (c).’’. 
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1 SEC. 3112. ELIMINATION OF NUCLEAR WEAPONS LIFE EX2 TENSION PROGRAM FROM EXCEPTION TO RE3 QUIREMENT TO REQUEST FUNDS IN BUDGET 

4 OF THE PRESIDENT. 

5 Section 4209 of the Atomic Energy Defense Act (50 

6 U.S.C. 2529) is amended— 

7 (1) in subsection (c), by striking ‘‘necessary—’’ 

8 and all that follows through the period and inserting 

9 ‘‘necessary to address proliferation concerns.’’; and 

10 (2) in subsection (d)— 

11 (A) by striking paragraph (1); and 

12 (B) by redesignating paragraphs (2) and 

13 (3) as paragraphs (1) and (2), respectively. 

14 SEC. 3113. REPEAL OF RELIABLE REPLACEMENT WARHEAD 

15 PROGRAM. 

16 (a) IN GENERAL.—Section 4204A of the Atomic En17 ergy Defense Act (50 U.S.C. 2524a) is repealed. 

18 (b) CONFORMING AMENDMENT.—The table of contents 

19 for that Act is amended by striking the item relating to 

20 section 4204A. 
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1 SEC. 3114. AUTHORIZATION OF USE OF INTERNATIONAL 

2 NUCLEAR MATERIALS PROTECTION AND CO3 OPERATION PROGRAM FUNDS FOR BILAT4 ERAL AND MULTILATERAL NONPROLIFERA5 TION AND DISARMAMENT ACTIVITIES. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law and subject to subsection (b), the Secretary of 

8 Energy may obligate or expend not more than 10 percent 

9 of the funds authorized to be appropriated or otherwise 

10 made available for the International Nuclear Materials Pro11 tection and Cooperation program in a fiscal year to provide 

12 assistance for or to otherwise carry out bilateral or multi13 lateral activities relating to nonproliferation or disar14 mament. 

15 (b) NOTIFICATION OF CONGRESSIONAL DEFENSE COM16 MITTEES.—The Secretary may obligate or expend funds 

17 pursuant to subsection (a) if, not less than 15 days before 

18 obligating or expending such funds— 

19 (1) the Secretary notifies the congressional de20 fense committees of the intent of the Secretary to obli21 gate or expend such funds; and 

22 (2) the President certifies to the congressional de23 fense committees that obligating or expending such 

24 funds is necessary to support the national security ob25 jectives of the United States. 
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1 SEC. 3115. REPEAL OF PROHIBITION ON FUNDING ACTIVI2 TIES ASSOCIATED WITH INTERNATIONAL CO3 OPERATIVE STOCKPILE STEWARDSHIP. 

4 (a) IN GENERAL.—Section 4301 of the Atomic Energy 

5 Defense Act (50 U.S.C. 2561) is repealed. 

6 (b) CLERICAL AMENDMENT.—The table of contents for 

7 that Act is amended by striking the item relating to section 

8 4301. 

9 SEC. 3116. MODIFICATION OF MINOR CONSTRUCTION 

10 THRESHOLD FOR PLANT PROJECTS. 

11 Section 4701(3) of the Atomic Energy Defense Act (50 

12 U.S.C. 2741(3)) is amended by striking ‘‘$5,000,000’’ and 

13 inserting ‘‘$7,000,000’’. 

14 SEC. 3117. TWO-YEAR EXTENSION OF AUTHORITY FOR AP15 POINTMENT OF CERTAIN SCIENTIFIC, ENGI16 NEERING, AND TECHNICAL PERSONNEL. 

17 Section 4601(c)(1) of the Atomic Energy Defense Act 

18 (50 U.S.C. 2701(c)(1)) is amended by striking ‘‘September 

19 30, 2009’’ and inserting ‘‘September 30, 2011’’. 

20 SEC. 3118. REPEAL OF SUNSET DATE FOR CONSOLIDATION 

21 OF COUNTERINTELLIGENCE PROGRAMS OF 

22 DEPARTMENT OF ENERGY AND NATIONAL NU23 CLEAR SECURITY ADMINISTRATION. 

24 Section 3117 of the John Warner National Defense Au25 thorization Act for Fiscal Year 2007 (Public Law 109–364; 
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1 120 Stat. 2507; 42 U.S.C. 7144b note) is amended by 

2 amending subsection (a) to read as follows: 

3 ‘‘(a) TRANSFER OF FUNCTIONS.—The functions, per4 sonnel, funds, assets, and other resources of the Office of 

5 Defense Nuclear Counterintelligence of the National Nuclear 

6 Security Administration are transferred to the Secretary of 

7 Energy, to be administered (except to any extent otherwise 

8 directed by the Secretary) by the Director of the Office of 

9 Counterintelligence of the Department of Energy.’’. 

10 Subtitle C—Other Matters 

11 SEC. 3131. TEN-YEAR PLAN FOR UTILIZATION AND FUNDING 

12 OF CERTAIN DEPARTMENT OF ENERGY FA13 CILITIES. 

14 (a) IN GENERAL.—The Administrator for Nuclear Se15 curity and the Under Secretary for Science of the Depart16 ment of Energy shall jointly develop a plan to use and fund, 

17 over a ten-year period, the following facilities of the Depart18 ment of Energy: 

19 (1) The National Ignition Facility at the Law20 rence Livermore National Laboratory, California. 

21 (2) The Los Alamos Neutron Science Center at 

22 the Los Alamos National Laboratory, New Mexico. 

23 (3) The ‘‘Z’’ Machine at the Sandia National 

24 Laboratories, New Mexico. 
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1 (4) The Microsystems and Engineering Sciences 

2 Application (MESA) Facility at the Sandia National 

3 Laboratories, New Mexico. 

4 (b) SUBMITTAL OF PLAN.—Not later than 45 days 

5 after the date of the enactment of this Act, the Adminis6 trator for Nuclear Security and the Under Secretary for 

7 Science of the Department of Energy shall submit to the 

8 congressional defense committees the plan required by sub9 section (a). 

10 (c) REQUIREMENT TO SPECIFY SOURCE OF FACILITY

11 FUNDING IN BUDGET REQUESTS.—In any budget request 

12 for the Department of Energy for a fiscal year that is sub13 mitted to Congress after the date of the enactment of this 

14 Act, the Secretary of Energy shall identify for that fiscal 

15 year the portion of the funding for each facility specified 

16 in subsection (a) that is to be provided by the National Nu17 clear Security Administration and by the Office of Science 

18 of the Department of Energy. 

19 SEC. 3132. REVIEW OF MANAGEMENT AND OPERATION OF 

20 CERTAIN NATIONAL LABORATORIES. 

21 (a) IN GENERAL.—Not later than 60 days after the 

22 date of the enactment of this Act, the Secretary of Energy 

23 shall, in consultation with the Committee on Armed Serv24 ices of the Senate and the Committee on Armed Services 

25 of the House of Representatives, appoint an independent 
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1 panel of experts to conduct a review of the management and 

2 operation of the following: 

3 (1) The Lawrence Livermore National Labora4 tory, California. 

5 (2) The Los Alamos National Laboratory, New 

6 Mexico. 

7 (3) The Sandia National Laboratories, New 

8 Mexico. 

9 (b) ADMINISTRATIVE PROVISIONS.— 

10 (1) APPOINTMENT OF CHAIRPERSON.—The Sec11 retary of Energy shall appoint a chairperson of the 

12 panel from among the members of the panel. 

13 (2) DESIGNATION OF AGENCY STAFF TO

14 PANEL.—The Secretary of Energy, the Secretary of 

15 Defense, and the Director of National Intelligence 

16 shall each designate one or more employees of the De17 partment of Energy, the Department of Defense, and 

18 the intelligence community, respectively, to serve as 

19 liaisons between the panel and the Department of En20 ergy, the Department of Defense, or the intelligence 

21 community, as the case may be. 

22 (3) AGENCY COOPERATION.—The Secretary of 

23 Energy shall, in consultation with the Secretary of 

24 Defense and the Director of National Intelligence, en25 sure that the panel receives full and timely coopera-
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1 tion from the Department of Energy, the Department 

2 of Defense, and the Director of National Intelligence 

3 in conducting the review required under subsection 

4 (a). 

5 (4) SUPPORT FROM FEDERALLY FUNDED RE6 SEARCH AND DEVELOPMENT CENTER.—The Secretary 

7 of Energy may use a federally funded research and 

8 development center not associated with the Depart9 ment of Energy to provide support to the panel. 

10 (c) ELEMENTS.—The review required under subsection 

11 (a) shall include, with respect to each laboratory specified 

12 in such subsection, an evaluation of the following: 

13 (1) The quality of the scientific research being 

14 conducted at the laboratory, including research with 

15 respect to weapons science, nonproliferation, energy, 

16 and basic science. 

17 (2) The quality of the engineering being con18 ducted at the laboratory. 

19 (3) The general operations of the laboratory, in20 cluding the management of facilities and procedures 

21 with respect to safety, security, environmental man22 agement and compliance, and human capital. 

23 (4) The financial operations of the laboratory, 

24 including contract administration, accounting con25 trols, and management of property and equipment. 
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1 (5) The management of work conducted by the 

2 laboratory for entities other than the Department of 

3 Energy, including academic institutions and other 

4 Federal agencies, and interactions between the labora5 tory and such entities. 

6 (6) The adequacy and effectiveness of the form 

7 and scope of current management contracts in imple8 menting the mission of the laboratory. 

9 (7) The effectiveness of the management and 

10 oversight of the laboratory by the Department of En11 ergy. 

12 (d) REPORT OF PANEL.—The panel shall submit to the 

13 Secretary of Energy a report containing the results of the 

14 review and any recommendations of the panel resulting 

15 from the review. 

16 (e) TRANSMITTAL TO CONGRESS.—Not later than Jan17 uary 1, 2011, the Secretary of Energy shall transmit to the 

18 Committee on Armed Services of the Senate and the Com19 mittee on Armed Services of the House of Representatives 

20 the report of the panel submitted under subsection (d) and 

21 any comments or recommendations of the Secretary with 

22 respect to that report. 
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1 SEC. 3133. INCLUSION IN 2010 STOCKPILE STEWARDSHIP 

2 PLAN OF CERTAIN INFORMATION RELATING 

3 TO STOCKPILE STEWARDSHIP CRITERIA. 

4 (a) IN GENERAL.—The Secretary of Energy shall in5 clude in the 2010 stockpile stewardship plan the elements 

6 specified in subsection (b). 

7 (b) ELEMENTS.—The elements specified in this sub8 section are the following: 

9 (1) An update of any information or criteria in10 cluded in the report on stockpile stewardship criteria 

11 submitted under subsection (c) of section 4202 of the 

12 Atomic Energy Defense Act (50 U.S.C. 2522). 

13 (2) A description of any additional information 

14 identified under paragraph (1) of such subsection (c) 

15 or criteria established under subsection (a) of such 

16 section 4202 during the period beginning on the date 

17 of the submittal of the report under section 3133 of 

18 the National Defense Authorization Act for Fiscal 

19 Year 2004 (Public Law 108–136; 117 Stat. 1751; 50 

20 U.S.C. 2523 note) and ending on the date of the sub21 mittal of the 2010 stockpile stewardship plan. 

22 (3) For each science-based tool developed or 

23 modified by the Department of Energy during the pe24 riod described in paragraph (2) to collect information 

25 needed to determine that the nuclear weapons stock26 pile is safe, secure, and reliable— 
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1 (A) a description of the relationship of the 

2 science-based tool to the collection of such infor3 mation; and 

4 (B) a description of criteria for assessing 

5 the effectiveness of the science-based tool in col6 lecting such information. 

7 (c) 2010 STOCKPILE STEWARDSHIP PLAN DEFINED.— 

8 In this section, the term ‘‘2010 stockpile stewardship plan’’ 

9 means the updated version of the plan for maintaining the 

10 nuclear weapons stockpile developed under section 4203 of 

11 the Atomic Energy Defense Act (50 U.S.C. 2523) and re12 quired to be submitted to Congress on May 1, 2010, by sub13 section (c) of such section. 

14 SEC. 3134. COMPTROLLER GENERAL OF THE UNITED 

15 STATES REVIEW OF PROJECTS CARRIED OUT 

16 BY THE OFFICE OF ENVIRONMENTAL MAN17 AGEMENT OF THE DEPARTMENT OF ENERGY 

18 PURSUANT TO THE AMERICAN RECOVERY 

19 AND REINVESTMENT ACT OF 2009. 

20 (a) IN GENERAL.—The Comptroller General of the 

21 United States shall conduct a series of three reviews, as de22 scribed in subsections (b), (c), and (d), of projects carried 

23 out by the Office of Environmental Management of the De24 partment of Energy (in this section referred to as the ‘‘Of-
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1 fice’’) using American Recovery and Reinvestment Act 

2 funds. 

3 (b) PHASE ONE REVIEW.— 

4 (1) IN GENERAL.—Beginning on the date of the 

5 enactment of this Act, the Comptroller General shall 

6 conduct a review of the following: 

7 (A) The criteria used by the Office to select 

8 projects to be carried out using American Recov9 ery and Reinvestment Act funds. 

10 (B) The extent to which lessons learned dur11 ing previous accelerations of defense environ12 mental cleanup efforts were used in the develop13 ment of such criteria. 

14 (C) The process used by the Office to esti15 mate costs and develop schedules for such 

16 projects. 

17 (D) The process used by the Office for the 

18 independent validation of the scope, cost, and 

19 schedule for such projects. 

20 (E) The criteria and methodology used by 

21 the Office to measure the contribution of each 

22 such project toward reducing the overall costs, 

23 and meeting the goals, of defense environmental 

24 cleanup. 
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1 (2) REPORT.—Not later than 30 days after the 

2 date of the enactment of this Act, the Comptroller 

3 General shall submit to the congressional defense com4 mittees a report containing the results of the review 

5 conducted under paragraph (1). 

6 (c) PHASE TWO REVIEW.— 

7 (1) IN GENERAL.—The Comptroller General shall 

8 conduct a review, during the period described in 

9 paragraph (2), of the following: 

10 (A) The implementation of each project car11 ried out using American Recovery and Reinvest12 ment Act funds. 

13 (B) The extent to which each such project is 

14 meeting the cost and scheduling goals of the 

15 project. 

16 (C) The number of jobs created or main17 tained through such projects. 

18 (D) The adequacy of contract oversight for 

19 such projects. 

20 (E) Any technical problems or other prob21 lems in connection with such projects that are 

22 identified by the Comptroller General in the 

23 course of the review. 

24 (F) Any management and implementation 

25 issues or actions, or other systemic issues, identi-
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1 fied by the Comptroller General in the course of 

2 the review that either hinder or assist the effec3 tive management of defense environmental clean4 up efforts. 

5 (2) PERIOD DESCRIBED.—The period described 

6 in this paragraph is the period— 

7 (A) beginning on the date on which the 

8 Comptroller General submits the report required 

9 under subsection (b)(2); and 

10 (B) ending on the later of— 

11 (i) the date on which all projects car12 ried out using American Recovery and Re13 investment Act funds have been completed; 

14 or 

15 (ii) the date on which all American 

16 Recovery and Reinvestment Act funds have 

17 been obligated or expended or are no longer 

18 available to be obligated or expended. 

19 (3) REPORTS.—The Comptroller General shall 

20 submit to the congressional defense committees a re21 port on the status of the review conducted under 

22 paragraph (1) not later than 30 days after submit23 ting the report required under subsection (b)(2) and 

24 every 120 days thereafter until the end of the period 

25 described in paragraph (2). 
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1 (d) PHASE THREE REVIEW.— 

2 (1) IN GENERAL.—Beginning on the date on 

3 which the Comptroller General submits the last report 

4 required under subsection (c)(3), the Comptroller Gen5 eral shall conduct a review of the following: 

6 (A) The implementation of all projects car7 ried out using American Recovery and Reinvest8 ment Act funds, including the number of such 

9 projects that were completed, that were not com10 pleted, that were completed on budget, that ex11 ceeded the budget for such project, that were com12 pleted on schedule, and that exceeded the sched13 uling goals for such project. 

14 (B) The impact on employment as a result 

15 of the completion of such projects. 

16 (C) Any lessons learned as a result of accel17 erating such projects. 

18 (D) The extent to which the achievement of 

19 the overall goals of defense environmental clean20 up were accelerated, and the overall costs of de21 fense environmental cleanup were reduced, as a 

22 result of such projects. 

23 (E) Any other issues the Comptroller Gen24 eral considers appropriate with respect to such 

25 projects. 
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1 (2) REPORT.—Not later than 90 days after sub2 mitting the last report required under subsection 

3 (c)(3), the Comptroller General shall submit to the 

4 congressional defense committees a report containing 

5 the results of the review conducted under paragraph 

6 (1). 

7 (e) AMERICAN RECOVERY AND REINVESTMENT ACT

8 FUNDS DEFINED.—In this section, the term ‘‘American Re9 covery and Reinvestment Act funds’’ means funds made 

10 available for the Office of Environmental Management 

11 under the heading ‘‘DEFENSE ENVIRONMENTAL CLEANUP’’ 

12 under the heading ‘‘ENVIRONMENTAL AND OTHER 

13 DEFENSE ACTIVITIES’’ under the heading ‘‘DEPART14 MENT OF ENERGY’’ under title IV of division A of the 

15 American Recovery and Reinvestment Act of 2009 (Public 

16 Law 111–5; 123 Stat. 140). 

17 SEC. 3135. IDENTIFICATION IN BUDGET MATERIALS OF 

18 AMOUNTS FOR CERTAIN DEPARTMENT OF EN19 ERGY PENSION OBLIGATIONS. 

20 The Secretary of Energy shall include in the budget 

21 justification materials submitted to Congress in support of 

22 the Department of Energy budget for a fiscal year (as sub23 mitted with the budget of the President under section 

24 1105(a) of title 31, United States Code) specific identifica25 tion, as a budgetary line item, of the amounts required to 
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1 meet the pension obligations of the Department of Energy 

2 for contractor employees at each facility of the Department 

3 of Energy operated using amounts authorized to be appro4 priated for the Department of Energy. 

5 SEC. 3136. EXPANSION OF AUTHORITY OF OMBUDSMAN OF 

6 ENERGY EMPLOYEES OCCUPATIONAL ILL7 NESS COMPENSATION PROGRAM. 

8 (a) IN GENERAL.—Section 3686 of the Energy Em9 ployees Occupational Illness Compensation Program Act of 

10 2000 (42 U.S.C. 7385s–15) is amended— 

11 (1) in subsection (c), by inserting ‘‘and subtitle 

12 B’’ after ‘‘this subtitle’’ each place it appears; 

13 (2) in subsection (d), by inserting ‘‘and subtitle 

14 B’’ after ‘‘this subtitle’’; 

15 (3) in subsection (e), by inserting ‘‘and subtitle 

16 B’’ after ‘‘this subtitle’’ each place it appears; 

17 (4) by redesignating subsection (g) as subsection 

18 (h); and 

19 (5) by inserting after subsection (f) the following 

20 new subsection: 

21 ‘‘(g) NATIONAL INSTITUTE FOR OCCUPATIONAL SAFE22 TY AND HEALTH OMBUDSMAN.—In carrying out the duties 

23 of the Ombudsman under this section, the Ombudsman shall 

24 work with the individual employed by the National Insti-
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1 tute for Occupational Safety and Health to serve as an om2 budsman to individuals making claims under subtitle B.’’. 

3 (b) CONSTRUCTION.—Except as specifically provided 

4 in subsection (g) of section 3686 of the Energy Employees 

5 Occupational Illness Compensation Program Act of 2000, 

6 as amended by subsection (a) of this section, nothing in 

7 the amendments made by such subsection (a) shall be con8 strued to alter or affect the duties and functions of the indi9 vidual employed by the National Institute for Occupational 

10 Safety and Health to serve as an ombudsman to individuals 

11 making claims under subtitle B of the Energy Employees 

12 Occupational Illness Compensation Program Act of 2000 

13 (42 U.S.C. 7384l et seq.). 

14 SEC. 3137. COMPTROLLER GENERAL STUDY OF STOCKPILE 

15 STEWARDSHIP PROGRAM. 

16 (a) IN GENERAL.—The Comptroller General of the 

17 United States shall conduct a study of the stockpile steward18 ship program established under section 4201 of the Atomic 

19 Energy Defense Act (50 U.S.C. 2521) to determine if the 

20 program was functioning, as of December 2008, as envi21 sioned when the program was established. 

22 (b) ELEMENTS.—The study required by subsection (a) 

23 shall include the following: 

24 (1) An assessment of whether the capabilities de25 termined to be necessary to maintain the nuclear 
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1 weapons stockpile without nuclear testing have been 

2 implemented and the extent to which such capabilities 

3 are functioning. 

4 (2) A review and description of the agreements 

5 governing use, management, and support of the capa6 bilities developed for the stockpile stewardship pro7 gram and an assessment of enforcement of, and com8 pliance with, those agreements. 

9 (3) An assessment of plans for surveillance and 

10 testing of nuclear weapons in the stockpile and the ex11 tent of the compliance with such plans. 

12 (4) An assessment of— 

13 (A) the condition of the infrastructure at 

14 the plants and laboratories of the nuclear weap15 ons complex; 

16 (B) the value of nuclear weapons facilities 

17 built after 1992; 

18 (C) any plans that are in place to main19 tain, improve, or replace such infrastructure; 

20 (D) whether there is a validated require21 ment for all planned infrastructure replacement 

22 projects; and 

23 (E) the projected costs for each such project 

24 and the timeline for completion of each such 

25 project. 
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1 (5) An assessment of the efforts to ensure and 

2 maintain the intellectual and technical capability of 

3 the nuclear weapons complex to support the nuclear 

4 weapons stockpile. 

5 (6) Recommendations for the stockpile steward6 ship program going forward. 

7 (c) REPORT.—Not later than 270 days after the date 

8 of the enactment of this Act, the Comptroller General shall 

9 submit to the congressional defense committees a report con10 taining the results of the study required by subsection (a). 

11 SEC. 3138. SENSE OF THE SENATE ON PRODUCTION OF MO12 LYBDENUM–99. 

13 (a) FINDINGS.—The Senate makes the following find14 ings: 

15 (1) There are fewer than five reactors around the 

16 world currently capable of producing molybdenum–99 

17 (Mo–99) and there are no such reactors in the United 

18 States that can provide a reliable supply of Mo–99 to 

19 meet medical needs. 

20 (2) Since November 2007, there have been major 

21 disruptions in the global availability of Mo–99, in22 cluding at facilities in Canada and the Netherlands, 

23 which have led to shortages of Mo–99-based medical 

24 products in the United States and around the world. 
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1 (3) Ensuring a reliable supply of medical 

2 radioisotopes, including Mo–99, is of great impor3 tance to the public health. 

4 (4) It is also a national security priority of the 

5 United States, and specifically of the Department of 

6 Energy, to encourage the production of low-enriched 

7 uranium-based radioisotopes in order to promote a 

8 more peaceful international nuclear order. 

9 (5) The National Academy of Sciences has iden10 tified a need to establish a reliable capability in the 

11 United States for the production of Mo–99 and its de12 rivatives for medical purposes using low-enriched 

13 uranium. 

14 (6) There also exists a capable industrial base in 

15 the United States that can support the development of 

16 Mo–99 production facilities and can conduct the proc17 essing and distribution of radiopharmaceutical prod18 ucts for use in medical tests worldwide. 

19 (b) SENSE OF THE SENATE.—It is the sense of the Sen20 ate that— 

21 (1) radioisotopes and radiopharmaceuticals, in22 cluding Mo–99 and its derivatives, are essential com23 ponents of medical tests that help diagnose and treat 

24 life-threatening diseases affecting millions of people 

25 each year; and 
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1 (2) the Secretary of Energy should continue and 

2 expand a program to meet the need identified by the 

3 National Academy of Sciences to ensure a source of 

4 Mo–99 and its derivatives for use in medical tests to 

5 help ensure the health security of the United States 

6 and around the world and promote peaceful nuclear 

7 industries through the use of low-enriched uranium. 

8 TITLE XXXII—DEFENSE NU9 CLEAR FACILITIES SAFETY 

10 BOARD 

11 SEC. 3201. AUTHORIZATION. 

12 There are authorized to be appropriated for fiscal year 

13 2010, $26,086,000 for the operation of the Defense Nuclear 

14 Facilities Safety Board under chapter 21 of the Atomic En15 ergy Act of 1954 (42 U.S.C. 2286 et seq.). 

16 TITLE XXXIII—MARITIME 

17 ADMINISTRATION 

18 SEC. 3301. MARITIME ADMINISTRATION. 

19 Section 109 of title 49, United States Code, is amended 

20 to read as follows: 

21 ‘‘§ 109. Maritime Administration 

22 ‘‘(a) ORGANIZATION.—The Maritime Administration 

23 is an administration in the Department of Transportation. 

24 ‘‘(b) MARITIME ADMINISTRATOR.—The head of the 

25 Maritime Administration is the Maritime Administrator, 
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1 who is appointed by the President by and with the advice 

2 and consent of the Senate. The Administrator shall report 

3 directly to the Secretary of Transportation and carry out 

4 the duties prescribed by the Secretary. 

5 ‘‘(c) DEPUTY MARITIME ADMINISTRATOR.—The Mari6 time Administrator shall have a Deputy Maritime Admin7 istrator, who is appointed in the competitive service by the 

8 Secretary, after consultation with the Administrator. The 

9 Deputy Administrator shall carry out the duties prescribed 

10 by the Administrator. The Deputy Administrator shall be 

11 Acting Administrator during the absence or disability of 

12 the Administrator and, unless the Secretary designates an13 other individual, during a vacancy in the office of Adminis14 trator. 

15 ‘‘(d) DUTIES AND POWERS VESTED IN SECRETARY.— 

16 All duties and powers of the Maritime Administration are 

17 vested in the Secretary. 

18 ‘‘(e) REGIONAL OFFICES.—The Maritime Administra19 tion shall have regional offices for the Atlantic, Gulf, Great 

20 Lakes, and Pacific port ranges, and may have other re21 gional offices as necessary. The Secretary shall appoint a 

22 qualified individual as Director of each regional office. The 

23 Secretary shall carry out appropriate activities and pro24 grams of the Maritime Administration through the regional 

25 offices. 
871 

† HR 2647 EAS 

1 ‘‘(f) INTERAGENCY AND INDUSTRY RELATIONS.—The 

2 Secretary shall establish and maintain liaison with other 

3 agencies, and with representative trade organizations 

4 throughout the United States, concerned with the transpor5 tation of commodities by water in the export and import 

6 foreign commerce of the United States, for the purpose of 

7 securing preference to vessels of the United States for the 

8 transportation of those commodities. 

9 ‘‘(g) DETAILING OFFICERS FROM ARMED FORCES.— 

10 To assist the Secretary in carrying out duties and powers 

11 relating to the Maritime Administration, not more than 

12 five officers of the armed forces may be detailed to the Sec13 retary at any one time, in addition to details authorized 

14 by any other law. During the period of a detail, the Sec15 retary shall pay the officer an amount that, when added 

16 to the officer’s pay and allowances as an officer in the 

17 armed forces, make the officer’s total pay and allowances 

18 equal to the amount that would be paid to an individual 

19 performing work the Secretary considers to be of similar 

20 importance, difficulty, and responsibility as that performed 

21 by the officer during the detail. 

22 ‘‘(h) CONTRACTS AND AUDITS.— 

23 ‘‘(1) CONTRACTS.—In the same manner that a 

24 private corporation may make a contract within the 

25 scope of its authority under its charter, the Secretary 
872 

† HR 2647 EAS 

1 may make contracts for the United States Govern2 ment and disburse amounts to— 

3 ‘‘(A) carry out the Secretary’s duties and 

4 powers under this section and subtitle V of title 

5 46; and 

6 ‘‘(B) protect, preserve, and improve collat7 eral held by the Secretary to secure indebtedness. 

8 ‘‘(2) AUDITS.—The financial transactions of the 

9 Secretary under paragraph (1) shall be audited by the 

10 Comptroller General. The Comptroller General shall 

11 allow credit for an expenditure shown to be necessary 

12 because of the nature of the business activities author13 ized by this section or subtitle V of title 46. At least 

14 once a year, the Comptroller General shall report to 

15 Congress any departure by the Secretary from this 

16 section or subtitle V of title 46. 

17 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 

18 ‘‘(1) IN GENERAL.—Except as otherwise provided 

19 in this subsection, there are authorized to be appro20 priated such amounts as may be necessary to carry 

21 out the duties and powers of the Secretary relating to 

22 the Maritime Administration. 

23 ‘‘(2) LIMITATIONS.—Only those amounts specifi24 cally authorized by law may be appropriated for the 

25 use of the Maritime Administration for— 
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† HR 2647 EAS 

1 ‘‘(A) acquisition, construction, or recon2 struction of vessels; 

3 ‘‘(B) construction-differential subsidies inci4 dent to the construction, reconstruction, or recon5 ditioning of vessels; 

6 ‘‘(C) costs of national defense features; 

7 ‘‘(D) payments of obligations incurred for 

8 operating-differential subsidies; 

9 ‘‘(E) expenses necessary for research and de10 velopment activities, including reimbursement of 

11 the Vessel Operations Revolving Fund for losses 

12 resulting from expenses of experimental vessel op13 erations; 

14 ‘‘(F) the Vessel Operations Revolving Fund; 

15 ‘‘(G) National Defense Reserve Fleet ex16 penses; 

17 ‘‘(H) expenses necessary to carry out part B 

18 of subtitle V of title 46; and 

19 ‘‘(I) other operations and training expenses 

20 related to the development of waterborne trans21 portation systems, the use of waterborne trans22 portation systems, and general administration. 

23 ‘‘(3) TRAINING VESSELS.—Amounts may not be 

24 appropriated for the purchase or construction of 

25 training vessels for State maritime academies unless 
874 

† HR 2647 EAS 

1 the Secretary has approved a plan for sharing train2 ing vessels between State maritime academies.’’. 
875 

† HR 2647 EAS 

1 DIVISION D—FUNDING TABLES 

2 SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TA3 BLES. 

4 (a) IN GENERAL.—Whenever a funding table in this 

5 division specifies a dollar amount authorized for a project, 

6 program, or activity, the obligation and expenditure of the 

7 specified dollar amount for the project, program, or activity 

8 is hereby authorized, subject to the availability of appro9 priations. 

10 (b) MERIT-BASED DECISIONS.—Decisions by agency 

11 heads to commit, obligate, or expend funds with or to a 

12 specific entity on the basis of a dollar amount authorized 

13 pursuant to subsection (a) shall be based on authorized, 

14 transparent, statutory criteria, or merit-based selection pro15 cedures in accordance with the requirements of sections 

16 2304(k) and 2374 of title 10, United States Code, and other 

17 applicable provisions of law. 

18 (c) RELATIONSHIP TO TRANSFER AND REPROGRAM19 MING AUTHORITY.—An amount specified in the funding ta20 bles in this division may be transferred or reprogrammed 

21 under a transfer or reprogramming authority provided by 

22 another provision of this Act or by other law. The transfer 

23 or reprogramming of an amount specified in such funding 

24 tables shall not count against a ceiling on such transfers 

25 or reprogrammings under section 1001 of this Act or any 
876 

† HR 2647 EAS 

1 other provision of law, unless such transfer or reprogram2 ming would move funds between appropriation accounts. 

3 (d) ORAL AND WRITTEN COMMUNICATIONS.—No oral 

4 or written communication concerning any amount specified 

5 in the funding tables in this division shall supercede the 

6 requirements of this section. 
877 

† HR 2647 EAS 

TITLE XLI—PROCUREMENT 

SEC. 4101. PROCUREMENT. 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

AIRCRAFT PROCUREMENT, ARMY AIRCRAFT FIXED WING 

001 JOINT CARGO AIRCRAFT (JCA) .................................................................................................002 UTILITY F/W AIRCRAFT ...............................................................................................................

003 MQ–1 UAV .......................................................................................................................................... 24 401,364 –12 –200,000 12 201,364 

Avoid forward funding of production ....................................................................................... [–200,000 ] 

004 RQ–11 (RAVEN) ................................................................................................................................ 618 35,008 618 35,008 

004A C–12A ..................................................................................................................................................

ROTARY WING 

006 ARMED RECONNAISSANCE HELICOPTER .............................................................................007 ADVANCE PROCUREMENT (CY) .............................................................................................008 HELICOPTER, LIGHT UTILITY (LUH) ..................................................................................... 54 326,040 54 326,040 

009 AH–64 APACHE BLOCK III ........................................................................................................... 8 161,280 8 161,280 010 ADVANCE PROCUREMENT (CY) ............................................................................................. 57,890 57,890 011 UH–60 BLACKHAWK (MYP) .......................................................................................................... 79 1,258,374 79 1,258,374 012 ADVANCE PROCUREMENT (CY) ............................................................................................. 98,740 98,740 013 CH–47 HELICOPTER ...................................................................................................................... 35 860,087 22,000 35 882,087 

Multiyear procurement execution .............................................................................................. [22,000 ] 

014 ADVANCE PROCUREMENT (CY) ............................................................................................. 50,676 50,676 015 HELICOPTER NEW TRAINING .................................................................................................... 19,639 19,639 
878 

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PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

MODIFICATION OF AIRCRAFT 

016 MQ–1 PAYLOAD—UAS ................................................................................................................... 87,424 87,424 

017 MQ–1 WEAPONIZATION—UAS .................................................................................................... 14,832 14,832 018 GUARDRAIL MODS (MIP) ............................................................................................................. 61,517 61,517 019 MULTI SENSOR ABN RECON (MIP) ........................................................................................... 21,457 21,457 020 AH–64 MODS ..................................................................................................................................... 426,415 5,500 431,915 

Fuselage manufacturing ............................................................................................................. [5,500 ] 

021 ADVANCE PROCUREMENT (CY) .............................................................................................022 CH–47 CARGO HELICOPTER MODS (MYP) ............................................................................. 102,876 –22,000 80,876 

Multiyear procurement execution .............................................................................................. [–22,000 ] 

023 ADVANCE PROCUREMENT (CY) .............................................................................................024 UTILITY/CARGO AIRPLANE MODS ............................................................................................ 39,547 39,547 025 AIRCRAFT LONG RANGE MODS ................................................................................................. 823 823 026 UTILITY HELICOPTER MODS ..................................................................................................... 66,682 20,400 87,082 

UH–60A to UH–60L conversion ............................................................................................... [20,400 ] 

027 KIOWA WARRIOR ............................................................................................................................ 140,768 140,768 028 AIRBORNE AVIONICS .................................................................................................................... 241,287 241,287 029 GATM ROLLUP ................................................................................................................................. 103,142 103,142 030 RQ–7 UAV MODS .............................................................................................................................. 283,012 283,012 

030A C–12A ..................................................................................................................................................

SPARES AND REPAIR PARTS 

031 SPARE PARTS (AIR) ....................................................................................................................... 7,083 7,083 

SUPPORT EQUIPMENT AND FACILITIES GROUND SUPPORT AVIONICS 

032 AIRCRAFT SURVIVABILITY EQUIPMENT ............................................................................... 25,975 25,975 

033 ASE INFRARED CM ........................................................................................................................ 186,356 186,356 

OTHER SUPPORT 

034 AVIONICS SUPPORT EQUIPMENT ............................................................................................. 4,933 4,933 

035 COMMON GROUND EQUIPMENT ................................................................................................ 87,682 87,682 036 AIRCREW INTEGRATED SYSTEMS ........................................................................................... 52,725 3,000 55,725 
879 

† HR 2647 EAS 

Air warrior ensemble—generation III ...................................................................................... [3,000 ] 

037 AIR TRAFFIC CONTROL ................................................................................................................ 76,999 76,999 038 INDUSTRIAL FACILITIES ............................................................................................................ 1,533 1,533 039 LAUNCHER, 2.75 ROCKET ............................................................................................................ 2,716 2,716 040 AIRBORNE COMMUNICATIONS ................................................................................................... 11,109 11,109 

TOTAL—AIRCRAFT PROCUREMENT, ARMY ............................................................. 5,315,991 –171,100 5,144,891 MISSILE PROCUREMENT, ARMY OTHER MISSILES SURFACE-TO-AIR MISSILE SYSTEM 

001 PATRIOT SYSTEM SUMMARY ..................................................................................................... 59 348,351 59 348,351 

002 PATRIOT/MEADS CAP SYSTEM SUMMARY ............................................................................. 16,406 16,406 003 SURFACE-LAUNCHED AMRAAM SYSTEM SUMMARY: ......................................................... 13 72,920 13 72,920 004 ADVANCE PROCUREMENT (CY) .............................................................................................

AIR-TO-SURFACE MISSILE SYSTEM 

005 HELLFIRE SYS SUMMARY .......................................................................................................... 240 31,154 240 31,154 

ANTI-TANK/ASSAULT MISSILE SYSTEM 

006 JAVELIN (AAWS–M) SYSTEM SUMMARY ................................................................................. 470 148,649 470 148,649 

007 TOW 2 SYSTEM SUMMARY ........................................................................................................... 1165 108,066 1165 108,066 008 GUIDED MLRS ROCKET (GMLRS) ............................................................................................. 2628 293,617 2628 293,617 009 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ..................................................... 2064 15,663 2064 15,663 010 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS) .............................................. 46 209,061 46 209,061 011 ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM .................................................................

MODIFICATIONS 

012 PATRIOT MODS ............................................................................................................................... 44,775 5,000 49,775 

Command & control modifications ........................................................................................... [5,000 ] 

013 ITAS/TOW MODS .............................................................................................................................. 6,983 6,983 014 MLRS MODS ...................................................................................................................................... 3,662 3,662 015 HIMARS MODIFICATIONS ............................................................................................................ 38,690 38,690 016 HELLFIRE MODIFICATIONS ....................................................................................................... 10 10 

SPARES AND REPAIR PARTS 

017 SPARES AND REPAIR PARTS ..................................................................................................... 22,338 22,338 

SUPPORT EQUIPMENT AND FACILITIES 

018 AIR DEFENSE TARGETS .............................................................................................................. 4,188 4,188 

019 ITEMS LESS THAN $5.0M (MISSILES) ..................................................................................... 1,178 1,178 
880 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

020 PRODUCTION BASE SUPPORT ................................................................................................... 4,398 4,398 

TOTAL—MISSILE PROCUREMENT, ARMY ................................................................. 1,370,109 5,000 1,375,109 

PROCUREMENT OF WEAPONS & TRACKED COMBAT VEHICLES TRACKED COMBAT VEHICLES 

001 BRADLEY PROGRAM .....................................................................................................................

002 BRADLEY TRAINING DEVICES (MOD) .....................................................................................003 ABRAMS TANK TRAINING DEVICES .........................................................................................004 STRYKER VEHICLE ....................................................................................................................... 388,596 388,596 005 FUTURE COMBAT SYSTEMS: (FCS) ..........................................................................................006 ADVANCE PROCUREMENT (CY) .............................................................................................007 FCS SPIN OUTS ............................................................................................................................... 285,920 285,920 008 ADVANCE PROCUREMENT (CY) ............................................................................................. 42,001 42,001 

MODIFICATION OF TRACKED COMBAT VEHICLES 

009 FIST VEHICLE (MOD) .................................................................................................................... 34,192 34,192 

010 BRADLEY PROGRAM (MOD) ........................................................................................................ 526,356 526,356 011 HOWITZER, MED SP FT 155MM M109A6 (MOD) ..................................................................... 96,503 96,503 012 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ...................................................... 12 96,814 12 96,814 013 ARMORED BREACHER VEHICLE .............................................................................................. 63,250 63,250 014 JOINT ASSAULT BRIDGE ............................................................................................................. 70,637 70,637 015 M1 ABRAMS TANK (MOD) ............................................................................................................. 183,829 183,829 016 ABRAMS UPGRADE PROGRAM ................................................................................................... 22 185,611 22 185,611 

SUPPORT EQUIPMENT & FACILITIES 

017 ITEMS LESS THAN $5.0M (TCV–WTCV) ....................................................................................018 PRODUCTION BASE SUPPORT (TCV–WTCV) .......................................................................... 6,601 6,601 

WEAPONS AND OTHER COMBAT VEHICLES 

019 HOWITZER, LIGHT, TOWED, 105MM, M119 ............................................................................. 70 95,631 70 95,631 

020 M240 MEDIUM MACHINE GUN (7.62MM) .................................................................................. 2010 32,919 2010 32,919 021 MACHINE GUN, CAL .50 M2 ROLL ............................................................................................. 4825 84,588 4825 84,588 
881 

† HR 2647 EAS 

022 LIGHTWEIGHT .50 CALIBER MACHINE GUN ........................................................................ 977 977 023 M249 SAW MACHINE GUN (5.56MM) .......................................................................................... 1550 7,535 1550 7,535 024 MK–19 GRENADE MACHINE GUN (40MM) ............................................................................... 349 7,700 349 7,700 025 MORTAR SYSTEMS ......................................................................................................................... 315 14,779 315 14,779 026 M107, CAL. 50, SNIPER RIFLE ..................................................................................................... 224 224 027 XM320 GRENADE LAUNCHER MODULE (GLM) ..................................................................... 4740 16,023 4740 16,023 028 M110 SEMI-AUTOMATIC SNIPER SYSTEM (SASS) ................................................................ 448 6,223 448 6,223029 M4 CARBINE ..................................................................................................................................... 12000 20,500 12000 20,500 030 SHOTGUN, MODULAR ACCESSORY SYSTEM (MASS) .......................................................... 3738 6,945 3738 6,945 031 COMMON REMOTELY OPERATED WEAPONS STATION (CRO ...........................................032 HANDGUN ......................................................................................................................................... 5000 3,389 5000 3,389 033 HOWITZER LT WT 155MM (T) ..................................................................................................... 17 49,572 17 49,572 

MOD OF WEAPONS AND OTHER COMBAT VEH 

034 MK–19 GRENADE MACHINE GUN MODS ................................................................................. 8,164 8,164 035 M4 CARBINE MODS ........................................................................................................................ 31,472 31,472 

036 M2 50 CAL MACHINE GUN MODS ............................................................................................... 7,738 7,738 037 M249 SAW MACHINE GUN MODS ............................................................................................... 7,833 7,833 038 M240 MEDIUM MACHINE GUN MODS ....................................................................................... 17,964 17,964 

039 PHALANX MODS ..............................................................................................................................040 M119 MODIFICATIONS ................................................................................................................... 25,306 25,306 041 M16 RIFLE MODS ............................................................................................................................ 4,186 4,186 

041A M14 7.62 RIFLE MODS ...................................................................................................................

042 MODIFICATIONS LESS THAN $5.0M (WOCV–WTCV) ............................................................. 6,164 6,164 

SUPPORT EQUIPMENT & FACILITIES 

043 ITEMS LESS THAN $5.0M (WOCV–WTCV) ................................................................................ 551 551 044 PRODUCTION BASE SUPPORT (WOCV–WTCV) ....................................................................... 9,855 9,855 045 INDUSTRIAL PREPAREDNESS ................................................................................................... 392 392 046 SMALL ARMS EQUIPMENT (SOLDIER ENH PROG) ............................................................. 5,012 5,012 

TOTAL—PROCUREMENT OF WTCV, ARMY ................................................................ 2,451,952 2,451,952 

PROCUREMENT OF AMMUNITION, ARMY AMMUNITION SMALL/MEDIUM CALIBER AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ............................................................................................................. 207,752 207,752 

002 CTG, 7.62MM, ALL TYPES ............................................................................................................. 77,602 77,602 
882 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

003 CTG, HANDGUN, ALL TYPES ....................................................................................................... 5,120 5,120 004 CTG, .50 CAL, ALL TYPES ............................................................................................................. 162,342 162,342 005 CTG, 25MM, ALL TYPES ................................................................................................................ 17,054 17,054 006 CTG, 30MM, ALL TYPES ................................................................................................................ 96,572 96,572 007 CTG, 40MM, ALL TYPES ................................................................................................................ 172,675 172,675 

MORTAR AMMUNITION 

008 60MM MORTAR, ALL TYPES ........................................................................................................ 23,607 3,000 26,607 

Additional ammunition ............................................................................................................. [3,000 ] 

009 81MM MORTAR, ALL TYPES ........................................................................................................ 28,719 28,719 010 CTG, MORTAR, 120MM, ALL TYPES ........................................................................................... 104,961 104,961 

TANK AMMUNITION 

011 CTG TANK 105MM: ALL TYPES ................................................................................................... 7,741 7,741 

012 CTG, TANK, 120MM, ALL TYPES ................................................................................................. 113,483 113,483 

ARTILLERY AMMUNITION 

013 CTG, ARTY, 75MM: ALL TYPES .................................................................................................... 5,229 5,229 

014 CTG, ARTY, 105MM: ALL TYPES .................................................................................................. 90,726 90,726 015 CTG, ARTY, 155MM, ALL TYPES .................................................................................................. 54,546 54,546 016 PROJ 155MM EXTENDED RANGE XM982 ................................................................................. 62,292 62,292 017 MODULAR ARTILLERY CHARGE SYSTEM (MACS), ALL T ................................................ 33,441 33,441 

ARTILLERY FUZES 

018 ARTILLERY FUZES, ALL TYPES ............................................................................................... 19,870 19,870 

MINES 

019 MINES, ALL TYPES ........................................................................................................................ 815 815 

020 MINE, CLEARING CHARGE, ALL TYPES .................................................................................021 ANTIPERSONNEL LANDMINE ALTERNATIVES ..................................................................... 56,387 56,387 022 INTELLIGENT MUNITIONS SYSTEM (IMS), ALL TYPES .................................................... 19,507 19,507 

ROCKETS 

023 SHOULDER LAUNCHED MUNITIONS, ALL TYPES .............................................................. 45,302 45,302 024 ROCKET, HYDRA 70, ALL TYPES ............................................................................................... 99,904 99,904 

OTHER AMMUNITION 
883 

† HR 2647 EAS 

025 DEMOLITION MUNITIONS, ALL TYPES ................................................................................... 18,793 18,793 026 GRENADES, ALL TYPES ............................................................................................................... 49,910 49,910 027 SIGNALS, ALL TYPES .................................................................................................................... 83,094 83,094 028 SIMULATORS, ALL TYPES ........................................................................................................... 12,081 12,081 

MISCELLANEOUS 

029 AMMO COMPONENTS, ALL TYPES ............................................................................................. 17,968 17,968 

030 NON-LETHAL AMMUNITION, ALL TYPES ............................................................................... 7,378 7,378 031 CAD/PAD ALL TYPES ..................................................................................................................... 3,353 3,353 032 ITEMS LESS THAN $5 MILLION ................................................................................................. 8,826 8,826 033 AMMUNITION PECULIAR EQUIPMENT .................................................................................... 11,187 11,187 034 FIRST DESTINATION TRANSPORTATION (AMMO) ............................................................... 14,354 14,354 035 CLOSEOUT LIABILITIES .............................................................................................................. 99 99 

AMMUNITION PRODUCTION BASE SUPPORT PRODUCTION BASE SUPPORT 

036 PROVISION OF INDUSTRIAL FACILITIES .............................................................................. 151,943 5,000 156,943 

Bomb line modernization ........................................................................................................... [5,000 ] 

037 LAYAWAY OF INDUSTRIAL FACILITIES ................................................................................. 9,529 9,529 

038 MAINTENANCE OF INACTIVE FACILITIES ............................................................................. 8,772 8,772 039 CONVENTIONAL MUNITIONS DEMILITARIZATION, ALL ................................................... 145,777 145,777 040 ARMS INITIATIVE ........................................................................................................................... 3,184 3,184 

TOTAL—PROCUREMENT OF AMMUNITION, ARMY ............................................. 2,051,895 8,000 2,059,895 OTHER PROCUREMENT, ARMY TACTICAL AND SUPPORT VEHICLES TACTICAL VEHICLES 

001 TACTICAL TRAILERS/DOLLY SETS .......................................................................................... 8037 95,893 8037 95,893 

002 SEMITRAILERS, FLATBED: ......................................................................................................... 290 20,870 290 20,870 003 SEMITRAILERS, TANKERS .......................................................................................................... 70 13,217 70 13,217 004 HI MOB MULTI-PURP WHLD VEH (HMMWV) ........................................................................ 1770 281,123 1770 281,123 005 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ....................................................................... 3889 1,158,522 3889 1,158,522 006 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIPMEN .............................................. 17,575 17,575 007 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ............................................................... 812,918 812,918 008 PLS ESP ............................................................................................................................................. 18,973 18,973 009 ARMORED SECURITY VEHICLES (ASV) .................................................................................. 150 136,605 150 136,605 010 MINE PROTECTION VEHICLE FAMILY .................................................................................... 402,517 –90,000 312,517 
884 

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PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

Reassessment of program requirement ...................................................................................... [–90,000 ] 

011 FAMILY OF MINE RESISTANT AMBUSH PROTEC (MRAP) ................................................012 TRUCK, TRACTOR, LINE HAUL, M915/M916 ............................................................................ 310 74,703 310 74,703 013 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV P ............................................... 180,793 180,793 014 HMMWV RECAPITALIZATION PROGRAM ................................................................................ 2,904 2,904 015 MODIFICATION OF IN–SVC EQUIP ............................................................................................ 10,314 10,314 016 ITEMS LESS THAN $5.0M (TAC VEH) ....................................................................................... 298 298 017 TOWING DEVICE–FIFTH WHEEL .............................................................................................. 414 414 

NON-TACTICAL VEHICLES 

018 HEAVY ARMORED SEDAN ............................................................................................................ 1,980 1,980 

019 PASSENGER CARRYING VEHICLES .......................................................................................... 269 269 020 NONTACTICAL VEHICLES, OTHER ........................................................................................... 3,052 3,052 

COMMUNICATIONS AND ELECTRONICS EQUIPMENT COMM-JOINT COMMUNICATIONS 

021 COMBAT IDENTIFICATION PROGRAM .....................................................................................022 JOINT COMBAT IDENTIFICATION MARKING SYSTEM ....................................................... 11,868 11,868 023 WIN–T—GROUND FORCES TACTICAL NETWORK ................................................................ 544,202 544,202 024 JCSE EQUIPMENT (USREDCOM) ............................................................................................... 4,868 4,868 

COMM—SATELLITE COMMUNICATIONS 

025 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS (S ............................................. 145,108 145,108 026 SHF TERM ........................................................................................................................................ 90,918 90,918 

027 SAT TERM, EMUT (SPACE) .......................................................................................................... 653 653 028 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ........................................................... 72,735 72,735 029 SMART–T (SPACE) .......................................................................................................................... 61,116 61,116 030 SCAMP (SPACE) ............................................................................................................................... 1,834 1,834 031 GLOBAL BRDCST SVC—GBS ....................................................................................................... 6,849 6,849 032 MOD OF IN–SVC EQUIP (TAC SAT) ........................................................................................... 2,862 2,862 

COMM—COMBAT SUPPORT COMM 

032A MOD–IN–SERVICE PROFILER .....................................................................................................

COMM—C3 SYSTEM 
885 

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033 ARMY GLOBAL CMD & CONTROL SYS (AGCCS) .................................................................... 22,996 22,996 

COMM—COMBAT COMMUNICATIONS 

034 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ......................................................... 1,705 1,705 035 JOINT TACTICAL RADIO SYSTEM ............................................................................................. 90,204 –55,200 35,004 

Testing delays in JTRS GMR ................................................................................................... [–55,200 ] 

036 RADIO TERMINAL SET, MIDS LVT(2) ....................................................................................... 8,549 8,549 037 SINCGARS FAMILY ......................................................................................................................... 6,812 6,812 038 AMC CRITICAL ITEMS—OPA2 .....................................................................................................

038A SINCGARS—GROUND ....................................................................................................................

039 MULTI-PURPOSE INFORMATIONS OPERATIONS SYSEMS ................................................ 6,164 6,164 040 BRIDGE TO FUTURE NETWORKS .............................................................................................041 COMMS–ELEC EQUIP FIELDING ...............................................................................................042 SPIDER APLA REMOTE CONTROL UNIT ................................................................................ 21,820 21,820 

043 IMS REMOTE CONTROL UNIT .................................................................................................... 9,256 9,256 044 SOLDIER ENHANCEMENT PROGRAM COMM/ELECTRONICS ........................................... 4,646 4,646 045 COMBAT SURVIVOR EVADER LOCATOR (CSEL) ................................................................... 2,367 2,367 046 RADIO, IMPROVED HF (COTS) FAMILY ................................................................................... 6,555 6,555 047 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ............................................................. 18,583 18,583 

COMM—INTELLIGENCE COMM 

048 CI AUTOMATION ARCHITECTURE (MIP) ................................................................................ 1,414 1,414

INFORMATION SECURITY 

049 TSEC—ARMY KEY MGT SYS (AKMS) ........................................................................................ 29,525 29,525 

050 INFORMATION SYSTEM SECURITY PROGRAM–ISSP .......................................................... 33,189 33,189 

COMM—LONG HAUL COMMUNICATIONS 

051 TERRESTRIAL TRANSMISSION ................................................................................................. 1,890 1,890 052 BASE SUPPORT COMMUNICATIONS ......................................................................................... 25,525 25,525 053 ELECTROMAG COMP PROG (EMCP) .........................................................................................054 WW TECH CON IMP PROG (WWTCIP) ....................................................................................... 31,256 31,256 

COMM—BASE COMMUNICATIONS 

055 INFORMATION SYSTEMS .............................................................................................................. 216,057 216,057 

056 DEFENSE MESSAGE SYSTEM (DMS) ....................................................................................... 6,203 6,203 057 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ( ............................................ 147,111 147,111 058 PENTAGON INFORMATION MGT AND TELECOM .................................................................. 39,906 39,906 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

061 ALL SOURCE ANALYSIS SYS (ASAS) (MIP) ............................................................................062 JTT/CIBS–M (MIP) ........................................................................................................................... 3,279 3,279 
886 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

063 PROPHET GROUND (MIP) ............................................................................................................ 64,498 64,498 064 TACTICAL UNMANNED AERIAL SYS (TUAS) MIP .................................................................065 SMALL UNMANNED AERIAL SYSTEM (SUAS) .......................................................................066 DIGITAL TOPOGRAPHIC SPT SYS (DTSS) (MIP) ..................................................................067 DRUG INTERDICTION PROGRAM (DIP) (TIARA) ..................................................................068 TACTICAL EXPLOITATION SYSTEM (MIP) .............................................................................069 DCGS–A (MIP) .................................................................................................................................. 85,354 85,354 070 JOINT TACTICAL GROUND STATION (JTAGS) ...................................................................... 6,703 –6,700 3 

Program reduction ...................................................................................................................... [–6,700 ] 

071 TROJAN (MIP) .................................................................................................................................. 26,659 26,659 072 MOD OF IN–SVC EQUIP (INTEL SPT) (MIP) ........................................................................... 7,021 7,021

073 CI HUMINT AUTO REPRTING AND COLL (CHARCS) (MIP) ............................................... 4,509 4,509 074 SEQUOYAH FOREIGN LANGUAGE TRANSLATION SYSTEM .............................................. 6,420 6,420 075 ITEMS LESS THAN $5.0M (MIP) ................................................................................................. 17,053 17,053 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

076 LIGHTWEIGHT COUNTER MORTAR RADAR .......................................................................... 31,661 31,661 077 WARLOCK ..........................................................................................................................................

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ............................................ 1,284 1,284 079 CI MODERNIZATION (MIP) .......................................................................................................... 1,221 1,221 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

080 SENTINEL MODS ............................................................................................................................ 25,863 25,863 

081 SENSE THROUGH THE WALL (STTW) .................................................................................... 25,352 25,352 082 NIGHT VISION DEVICES .............................................................................................................. 366,820 –100,000 266,820 

Contractor production delays in ENVG line ............................................................................ [–100,000 ] 

083 LONG RANGE ADVANCED SCOUT SURVEILLANCE SYSTEM ............................................ 133,836 133,836 084 NIGHT VISION, THERMAL WPN SIGHT ................................................................................... 313,237 313,237 085 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ........................................................ 9,179 9,179 086 RADIATION MONITORING SYSTEMS ........................................................................................ 2,198 2,198 087 COUNTER–ROCKET, ARTILLERY & MORTAR (C–RAM) ......................................................088 BASE EXPEDITIONARY TARGETING AND SURV SYS .........................................................
887 

† HR 2647 EAS 

089 ARTILLERY ACCURACY EQUIP .................................................................................................. 5,838 5,838 090 MOD OF IN-SVC EQUIP (MMS) ....................................................................................................091 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ............................................. 1,178 1,178 092 PROFILER ......................................................................................................................................... 4,766 4,766 093 MOD OF IN-SVC EQUIP (FIREFINDER RADARS) .................................................................. 2,801 2,801 094 FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) ................................................... 271,979 271,979 095 JOINT BATTLE COMMAND—PLATFORM (JBC–P) ................................................................ 17,242 17,242 096 LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER (LLD ............................................ 59,080 59,080 097 COMPUTER BALLISTICS: LHMBC XM32 ..................................................................................098 MORTAR FIRE CONTROL SYSTEM ............................................................................................ 15,520 15,520 099 COUNTERFIRE RADARS ............................................................................................................... 194,665 194,665 100 INTEGRATED MET SYS SENSORS (IMETS)—MIP ................................................................101 ENHANCED SENSOR & MONITORING SYSTEM ..................................................................... 1,944 1,944 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

102 TACTICAL OPERATIONS CENTERS ........................................................................................... 29,934 29,934 103 FIRE SUPPORT C2 FAMILY ......................................................................................................... 39,042 39,042 104 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC ............................................ 31,968 31,968 105 FAAD C2 ............................................................................................................................................. 8,289 8,289 106 AIR & MSL DEFENSE PLANNING & CONTROL SYS (AMD ................................................. 62,439 62,439 107 KNIGHT FAMILY ............................................................................................................................. 80,831 80,831 108 LIFE CYCLE SOFTWARE SUPPORT (LCSS) ............................................................................ 1,778 1,778 109 AUTOMATIC IDENTIFICATION TECHNOLOGY ...................................................................... 31,542 31,542 110 TC AIMS II ........................................................................................................................................ 11,124 11,124 111 JOINT NETWORK MANAGEMENT SYSTEM (JNMS) ..............................................................112 TACTICAL INTERNET MANAGER ...............................................................................................113 NETWORK MANAGEMENT INITIALIZATION AND SERVICE .............................................. 53,898 53,898 114 MANEUVER CONTROL SYSTEM (MCS) ..................................................................................... 77,646 77,646 115 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ................................................................. 46,861 46,861 116 RECONNAISSANCE AND SURVEYING INSTRUMENT SET .................................................. 11,118 11,118 117 MOUNTED BATTLE COMMAND ON THE MOVE (MBCOTM) ............................................... 926 926 

ELECT EQUIP—AUTOMATION 

118 GENERAL FUND ENTERPRISE BUSINESS SYSTEM ........................................................... 85,801 85,801 119 ARMY TRAINING MODERNIZATION .......................................................................................... 12,823 12,823 120 AUTOMATED DATA PROCESSING EQUIP ............................................................................... 254,723 254,723 121 CSS COMMUNICATIONS ................................................................................................................ 33,749 33,749 122 RESERVE COMPONENT AUTOMATION SYS (RCAS) ............................................................. 39,675 39,675 
888 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

ELECT EQUIP—AUDIO VISUAL SYS (A/V) 

123 AFRTS .................................................................................................................................................

124 ITEMS LESS THAN $5.0M (A/V) .................................................................................................. 2,709 2,709 125 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) ........................................................... 5,172 5,172 

ELECT EQUIP—MODS TACTICAL SYS/EQ 

126 WEAPONIZATION OF UNMANNED AERIAL SYSTEM (UAS) ...............................................

ELECT EQUIP—SUPPORT 

127 ITEMS UNDER $5M (SSE) ............................................................................................................128 PRODUCTION BASE SUPPORT (C–E) ....................................................................................... 518 518

CLASSIFIED PROGRAMS .............................................................................................................. 2,522 2,522 OTHER SUPPORT EQUIPMENT CHEMICAL DEFENSIVE EQUIPMENT 

129 PROTECTIVE SYSTEMS ................................................................................................................ 2,081 2,081 

130 CBRN SOLDIER PROTECTION .................................................................................................... 108,334 108,334 131 SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) ..................................................... 7,135 7,135 

BRIDGING EQUIPMENT 

132 TACTICAL BRIDGING .................................................................................................................... 58,509 58,509 133 TACTICAL BRIDGE, FLOAT–RIBBON ........................................................................................ 135,015 135,015 

ENGINEER (NON-CONSTRUCTION) EQUIPMENT 

134 HANDHELD STANDOFF MINEFIELD DETECTION SYS–HST ........................................... 42,264 42,264 135 GRND STANDOFF MINE DETECTION SYSTEM (GSTAMIDS .............................................. 56,123 7,000 63,123 

FIDO explosives detector ............................................................................................................ [7,000 ] 

136 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) .............................................. 49,333 49,333 137 < $5M, COUNTERMINE EQUIPMENT ........................................................................................ 3,479 3,479 

138 AERIAL DETECTION ...................................................................................................................... 11,200 11,200 

COMBAT SERVICE SUPPORT EQUIPMENT 

139 HEATERS AND ECU’S ................................................................................................................... 11,924 11,924 

140 LAUNDRIES, SHOWERS AND LATRINES ................................................................................141 SOLDIER ENHANCEMENT ........................................................................................................... 4,071 4,071 142 LIGHTWEIGHT MAINTENANCE ENCLOSURE (LME) ...........................................................
889 

† HR 2647 EAS 

142A LAND WARRIOR ..............................................................................................................................

143 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) .......................................................... 6,981 6,981 144 GROUND SOLDIER SYSTEM ........................................................................................................ 1,809 1,809 145 MOUNTED SOLDIER SYSTEM ..................................................................................................... 1,085 1,085 146 FORCE PROVIDER ..........................................................................................................................147 FIELD FEEDING EQUIPMENT .................................................................................................... 57,872 57,872 148 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM ............................................ 66,381 66,381 149 MOBILE INTEGRATED REMAINS COLLECTION SYSTEM: ................................................. 16,585 16,585 150 ITEMS LESS THAN $5M (ENG SPT) .......................................................................................... 25,531 25,531 

PETROLEUM EQUIPMENT 

151 QUALITY SURVEILLANCE EQUIPMENT ..................................................................................152 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ............................................................. 84,019 84,019 

WATER EQUIPMENT 

153 WATER PURIFICATION SYSTEMS ............................................................................................. 7,173 7,173 

MEDICAL EQUIPMENT 

154 COMBAT SUPPORT MEDICAL ..................................................................................................... 33,694 8,300 41,994 

Combat casualty care equipment upgrade program ................................................................ [8,300 ] 

MAINTENANCE EQUIPMENT 

155 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................................................................. 137,002 137,002 156 ITEMS LESS THAN $5.0M (MAINT EQ) ..................................................................................... 812 812 

CONSTRUCTION EQUIPMENT 

157 GRADER, ROAD MTZD, HVY, 6X4 (CCE) ................................................................................... 50,897 50,897 

158 SKID STEER LOADER (SSL) FAMILY OF SYSTEM .............................................................. 18,387 18,387 159 SCRAPERS, EARTHMOVING ........................................................................................................160 DISTR, WATER, SP MIN 2500G SEC/NON–SEC .......................................................................161 MISSION MODULES—ENGINEERING ....................................................................................... 44,420 44,420 162 LOADERS ........................................................................................................................................... 20,824 20,824 163 HYDRAULIC EXCAVATOR ............................................................................................................ 18,785 18,785 164 TRACTOR, FULL TRACKED ......................................................................................................... 50,102 50,102 165 CRANES ..............................................................................................................................................166 PLANT, ASPHALT MIXING ........................................................................................................... 12,915 12,915 167 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) FOS .................................................... 36,451 36,451 168 CONST EQUIP ESP ......................................................................................................................... 8,391 8,391 169 ITEMS LESS THAN $5.0M (CONST EQUIP) ............................................................................. 12,562 12,562 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

170 JOINT HIGH SPEED VESSEL (JHSV) ....................................................................................... 183,666 183,666 
890 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

171 HARBORMASTER COMMAND AND CONTROL CENTER (HCCC) ....................................... 10,962 10,962 172 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ................................................................................. 6,785 6,785 

GENERATORS 

173 GENERATORS AND ASSOCIATED EQUIP ................................................................................ 146,067 146,067 

MATERIAL HANDLING EQUIPMENT 

174 ROUGH TERRAIN CONTAINER HANDLER (RTCH) .............................................................. 41,239 41,239 175 ALL TERRAIN LIFTING ARMY SYSTEM ................................................................................... 44,898 44,898 

TRAINING EQUIPMENT 

176 COMBAT TRAINING CENTERS SUPPORT ................................................................................ 22,967 22,967 

177 TRAINING DEVICES, NONSYSTEM ............................................................................................ 261,348 22,440 283,788 

Operator driving simulator ....................................................................................................... [5,000 ] Immersive group simulation virtual training system ............................................................. [5,500 ] Joint fires & effects training systems (JFETS) ...................................................................... [5,000 ] Urban training instrumentation ............................................................................................... [2,000 ] Virtual interactive combat environment (VICE) ..................................................................... [4,940 ] 

178 CLOSE COMBAT TACTICAL TRAINER ...................................................................................... 65,155 65,155 

179 AVIATION COMBINED ARMS TACTICAL TRAINER (AVCA .................................................. 12,794 12,794 180 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ............................................... 7,870 7,870 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

181 CALIBRATION SETS EQUIPMENT ............................................................................................. 16,844 16,844 182 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ......................................................... 101,320 101,320 183 TEST EQUIPMENT MODERNIZATION (TEMOD) ................................................................... 15,526 15,526 

OTHER SUPPORT EQUIPMENT 

184 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ........................................................ 21,770 21,770 185 PHYSICAL SECURITY SYSTEMS (OPA3) .................................................................................. 49,758 49,758 186 BASE LEVEL COM’L EQUIPMENT ............................................................................................. 1,303 1,303 187 MODIFICATION OF IN–SVC EQUIPMENT (OPA–3) ................................................................ 53,884 53,884 188 PRODUCTION BASE SUPPORT (OTH) ...................................................................................... 3,050 3,050 189 BUILDING, PRE-FAB, RELOCATABLE ......................................................................................190 SPECIAL EQUIPMENT FOR USER TESTING .......................................................................... 45,516 45,516 
891 

† HR 2647 EAS 

191 AMC CRITICAL ITEMS OPA3 ....................................................................................................... 12,232 12,232 192 MA8975 ................................................................................................................................................ 4,492 4,492 

SPARES AND REPAIR PARTS OPA2 

193 INITIAL SPARES—C&E ................................................................................................................. 25,867 25,867 

194 WIN–T INCREMENT 2 SPARES ................................................................................................... 9,758 9,758 

194a Procurement of computer services/systems ........................................................................................ –75,000 –75,000 

Eliminate redundant activities ................................................................................................. [–75,000 ] 

TOTAL—OTHER PROCUREMENT, ARMY .................................................................... 9,907,151 –289,160 9,617,991 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND NETWORK ATTACK 

001 ATTACK THE NETWORK .............................................................................................................. 203,100 –203,100 

Transfer to OCO ......................................................................................................................... [–203,100 ] 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE ................................................................................................................... 199,100 –199,100 

Transfer to OCO ......................................................................................................................... [–199,100 ] 

FORCE TRAINING 

003 TRAIN THE FORCE ........................................................................................................................ 41,100 –41,100 

Transfer to OCO ......................................................................................................................... [–41,100 ] 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS .................................................................................................................................... 121,550 –121,550 

Transfer to OCO ......................................................................................................................... [–121,550 ] 

TOTAL—JOINT IED DEFEAT FUND ............................................................................... 564,850 –564,850 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 

001 AV–8B (V/STOL) HARRIER ...........................................................................................................

002 EA–18G ............................................................................................................................................... 22 1,611,837 22 1,611,837 003 ADVANCE PROCUREMENT (CY) ............................................................................................. 20,559 20,559 004 F/A–18E/F (FIGHTER) HORNET ................................................................................................. 9 1,009,537 9 560,000 18 1,569,537 

Additional aircraft ..................................................................................................................... [560,000 ] 

005 ADVANCE PROCUREMENT (CY) ............................................................................................. 51,431 51,431 006 JOINT STRIKE FIGHTER ............................................................................................................. 20 3,997,048 20 3,997,048 
892 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

007 ADVANCE PROCUREMENT (CY) ............................................................................................. 481,000 481,000 008 V–22 (MEDIUM LIFT) ..................................................................................................................... 30 2,215,829 30 2,215,829 009 ADVANCE PROCUREMENT (CY) ............................................................................................. 84,342 84,342 010 UH–1Y/AH–1Z ................................................................................................................................... 28 709,801 –10 –282,900 18 426,901 

Maintain production at FY 09 level ......................................................................................... [–282,900 ] 

011 ADVANCE PROCUREMENT (CY) ............................................................................................. 70,550 70,550 012 MH–60S (MYP) .................................................................................................................................. 18 414,145 18 414,145 013 ADVANCE PROCUREMENT (CY) ............................................................................................. 78,830 78,830 014 MH–60R .............................................................................................................................................. 24 811,781 24 811,781 015 ADVANCE PROCUREMENT (CY) ............................................................................................. 131,504 131,504 016 P–8A POSEIDON .............................................................................................................................. 6 1,664,525 6 1,664,525 017 ADVANCE PROCUREMENT (CY) ............................................................................................. 160,526 160,526 018 E–2D ADV HAWKEYE ..................................................................................................................... 2 511,245 2 511,245 019 ADVANCE PROCUREMENT (CY) ............................................................................................. 94,924 94,924 

AIRLIFT AIRCRAFT 

020 C–40A .................................................................................................................................................. 1 74,381 1 74,381 

TRAINER AIRCRAFT 

021 T–45TS (TRAINER) GOSHAWK ....................................................................................................

022 JPATS ................................................................................................................................................. 38 266,539 38 266,539 

OTHER AIRCRAFT 

023 KC–130J ..............................................................................................................................................

024 ADVANCE PROCUREMENT (CY) .............................................................................................025 RQ–7 UAV ........................................................................................................................................... 11 56,797 11 56,797 026 MQ–8 UAV .......................................................................................................................................... 5 77,616 5 77,616 027 OTHER SUPPORT AIRCRAFT ......................................................................................................

MODIFICATION OF AIRCRAFT 

028 EA–6 SERIES .................................................................................................................................... 39,977 39,977 

029 AV–8 SERIES .................................................................................................................................... 35,668 35,668 030 F–18 SERIES ..................................................................................................................................... 484,129 484,129 031 H–46 SERIES .................................................................................................................................... 35,325 35,325 
893 

† HR 2647 EAS 

032 AH–1W SERIES ................................................................................................................................ 66,461 66,461 033 H–53 SERIES .................................................................................................................................... 68,197 68,197 034 SH–60 SERIES ................................................................................................................................. 82,253 82,253 035 H–1 SERIES ...................................................................................................................................... 20,040 20,040 036 EP–3 SERIES .................................................................................................................................... 92,530 92,530 037 P–3 SERIES ....................................................................................................................................... 485,171 485,171 038 S–3 SERIES .......................................................................................................................................039 E–2 SERIES ...................................................................................................................................... 22,853 22,853 040 TRAINER A/C SERIES ................................................................................................................... 20,907 20,907 041 C–2A .................................................................................................................................................... 21,343 21,343 042 C–130 SERIES ................................................................................................................................... 22,449 22,449 043 FEWSG ................................................................................................................................................ 9,486 9,486 044 CARGO/TRANSPORT A/C SERIES ............................................................................................... 19,429 19,429 045 E–6 SERIES ...................................................................................................................................... 102,646 102,646 046 EXECUTIVE HELICOPTERS SERIES ........................................................................................ 42,456 42,456 047 SPECIAL PROJECT AIRCRAFT ................................................................................................... 14,869 14,869 048 T–45 SERIES ..................................................................................................................................... 51,484 51,484 049 POWER PLANT CHANGES ............................................................................................................ 26,395 26,395 050 JPATS SERIES ................................................................................................................................. 4,922 4,922 051 AVIATION LIFE SUPPORT MODS ............................................................................................... 5,594 5,594 052 COMMON ECM EQUIPMENT ........................................................................................................ 47,419 47,419 053 COMMON AVIONICS CHANGES ................................................................................................... 151,112 151,112 054 COMMON DEFENSIVE WEAPON SYSTEM ................................................................................055 ID SYSTEMS ..................................................................................................................................... 24,125 24,125 056 V–22 (TILT/ROTOR ACFT) OSPREY ............................................................................................ 24,502 24,502 

AIRCRAFT SPARES AND REPAIR PARTS 

057 SPARES AND REPAIR PARTS ..................................................................................................... 1,264,012 1,264,012 

AIRCRAFT SUPPORT EQUIP & FACILITIES 

058 COMMON GROUND EQUIPMENT ................................................................................................ 363,588 363,588 

059 AIRCRAFT INDUSTRIAL FACILITIES ....................................................................................... 11,075 11,075 060 WAR CONSUMABLES ..................................................................................................................... 55,406 55,406 061 OTHER PRODUCTION CHARGES ............................................................................................... 23,861 23,861 062 SPECIAL SUPPORT EQUIPMENT ............................................................................................... 42,147 42,147 063 FIRST DESTINATION TRANSPORTATION ............................................................................... 1,734 1,734 064 CANCELLED ACCOUNT ADJUSTMENTS ..................................................................................
894 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

TOTAL—AIRCRAFT PROCUREMENT, NAVY ............................................................. 18,378,312 277,100 18,655,412 WEAPONS PROCUREMENT, NAVY BALLISTIC MISSILES MODIFICATION OF MISSILES 

001 TRIDENT II MODS .......................................................................................................................... 24 1,060,504 24 1,060,504 

SUPPORT EQUIPMENT & FACILITIES 

002 MISSILE INDUSTRIAL FACILITIES .......................................................................................... 3,447 3,447 

OTHER MISSILES STRATEGIC MISSILES 

003 TOMAHAWK ...................................................................................................................................... 196 283,055 196 283,055 

TACTICAL MISSILES 

004 AMRAAM ............................................................................................................................................ 79 145,506 79 145,506 

005 SIDEWINDER ................................................................................................................................... 161 56,845 161 56,845 006 JSOW ................................................................................................................................................... 430 145,336 430 145,336 007 SLAM–ER ...........................................................................................................................................008 STANDARD MISSILE ...................................................................................................................... 62 249,233 62 249,233 009 RAM ..................................................................................................................................................... 90 74,784 90 74,784 010 HELLFIRE ........................................................................................................................................ 818 59,411 818 59,411 011 AERIAL TARGETS .......................................................................................................................... 47,003 47,003 012 OTHER MISSILE SUPPORT ......................................................................................................... 3,928 3,928 

MODIFICATION OF MISSILES 

013 ESSM ................................................................................................................................................... 50 51,388 50 51,388 

014 HARM MODS ..................................................................................................................................... 47,973 47,973 015 STANDARD MISSILES MODS ...................................................................................................... 81,451 81,451 

SUPPORT EQUIPMENT & FACILITIES 

016 WEAPONS INDUSTRIAL FACILITIES ....................................................................................... 3,211 30,000 33,211 

Accelerate facility restoration program .................................................................................... [30,000 ] 

017 FLEET SATELLITE COMM FOLLOW-ON .................................................................................. 1 487,280 1 487,280 

018 ADVANCE PROCUREMENT (CY) ............................................................................................. 28,847 32,000 60,847 
895 

† HR 2647 EAS 

MUOS UHF augmentation—transfer from PE 33109N (RDN 192) .................................... [32,000 ] 

ORDNANCE SUPPORT EQUIPMENT 

019 ORDNANCE SUPPORT EQUIPMENT .......................................................................................... 48,883 48,883 

TORPEDOES AND RELATED EQUIPMENT TORPEDOES AND RELATED EQUIP. 

020 SSTD ...................................................................................................................................................

021 ASW TARGETS ................................................................................................................................. 9,288 9,288 

MOD OF TORPEDOES AND RELATED EQUIP 

022 MK–46 TORPEDO MODS ................................................................................................................ 94,159 94,159 

023 MK–48 TORPEDO ADCAP MODS ................................................................................................. 61,608 61,608 024 QUICKSTRIKE MINE ...................................................................................................................... 4,680 4,680 

SUPPORT EQUIPMENT 

025 TORPEDO SUPPORT EQUIPMENT ............................................................................................ 39,869 39,869 

026 ASW RANGE SUPPORT .................................................................................................................. 10,044 10,044 

DESTINATION TRANSPORTATION 

027 FIRST DESTINATION TRANSPORTATION ............................................................................... 3,434 3,434 

OTHER WEAPONS GUNS AND GUN MOUNTS 

028 SMALL ARMS AND WEAPONS ..................................................................................................... 12,742 12,742 

MODIFICATION OF GUNS AND GUN MOUNTS 

029 CIWS MODS ....................................................................................................................................... 158,896 158,896 

030 COAST GUARD WEAPONS ............................................................................................................ 21,157 21,157 031 GUN MOUNT MODS ........................................................................................................................ 30,761 30,761 032 LCS MODULE WEAPONS ..............................................................................................................033 CRUISER MODERNIZATION WEAPONS ................................................................................... 51,227 51,227 

034 AIRBORNE MINE NEUTRALIZATION SYSTEMS .................................................................... 12,309 12,309 

OTHER 

035 MARINE CORPS TACTICAL UNMANNED AERIAL SYSTEM ................................................036 CANCELLED ACCOUNT ADJUSTMENTS ..................................................................................

SPARES AND REPAIR PARTS 

037 SPARES AND REPAIR PARTS ..................................................................................................... 65,196 65,196 

TOTAL—WEAPONS PROCUREMENT, NAVY .............................................................. 3,453,455 62,000 3,515,455 

PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS PROC AMMO, NAVY 
896 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

NAVY AMMUNITION 

001 GENERAL PURPOSE BOMBS ....................................................................................................... 75,227 75,227 

002 JDAM ................................................................................................................................................... 1,968 1,968 003 AIRBORNE ROCKETS, ALL TYPES ............................................................................................ 38,643 38,643 004 MACHINE GUN AMMUNITION ..................................................................................................... 19,622 19,622 005 PRACTICE BOMBS .......................................................................................................................... 33,803 33,803 006 CARTRIDGES & CART ACTUATED DEVICES ......................................................................... 50,600 50,600 007 AIR EXPENDABLE COUNTERMEASURES ............................................................................... 79,102 79,102 008 JATOS ................................................................................................................................................. 3,230 3,230 009 5 INCH/54 GUN AMMUNITION ..................................................................................................... 27,483 27,483 010 INTERMEDIATE CALIBER GUN AMMUNITION ..................................................................... 25,974 25,974 011 OTHER SHIP GUN AMMUNITION .............................................................................................. 35,934 35,934 012 SMALL ARMS & LANDING PARTY AMMO ................................................................................ 43,490 43,490 013 PYROTECHNIC AND DEMOLITION ............................................................................................ 10,623 10,623 014 AMMUNITION LESS THAN $5 MILLION ................................................................................... 3,214 3,214 

PROC AMMO, MC MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ........................................................................................................ 87,781 87,781 

016 LINEAR CHARGES, ALL TYPES ................................................................................................. 23,582 23,582 017 40 MM, ALL TYPES ......................................................................................................................... 57,291 57,291 018 60MM, ALL TYPES ........................................................................................................................... 22,037 22,037 019 81MM, ALL TYPES ........................................................................................................................... 54,869 54,869 020 120MM, ALL TYPES ......................................................................................................................... 29,579 29,579 021 CTG 25MM, ALL TYPES ................................................................................................................. 2,259 2,259 022 GRENADES, ALL TYPES ............................................................................................................... 10,694 10,694 023 ROCKETS, ALL TYPES .................................................................................................................. 13,948 13,948 024 ARTILLERY, ALL TYPES .............................................................................................................. 57,948 57,948 025 EXPEDITIONARY FIGHTING VEHICLE ....................................................................................026 DEMOLITION MUNITIONS, ALL TYPES ................................................................................... 14,886 14,886 027 FUZE, ALL TYPES .......................................................................................................................... 575 575 
897 

† HR 2647 EAS 

028 NON LETHALS ................................................................................................................................. 3,034 3,034 029 AMMO MODERNIZATION .............................................................................................................. 8,886 8,886 030 ITEMS LESS THAN $5 MILLION ................................................................................................. 4,393 4,393 

TOTAL—PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS ... 840,675 840,675 

SHIPBUILDING AND CONVERSION, NAVY OTHER WARSHIPS 

001 CARRIER REPLACEMENT PROGRAM ....................................................................................... 739,269 739,269 

002 ADVANCE PROCUREMENT (CY) ............................................................................................. 484,432 484,432 003 VIRGINIA CLASS SUBMARINE .................................................................................................... 1 1,964,317 1 1,964,317 004 ADVANCE PROCUREMENT (CY) ............................................................................................. 1,959,725 1,959,725 005 CVN REFUELING OVERHAULS ................................................................................................... 1,563,602 1,563,602 006 ADVANCE PROCUREMENT (CY) ............................................................................................. 211,820 211,820 007 SSBN ERO .........................................................................................................................................008 ADVANCE PROCUREMENT (CY) .............................................................................................009 DDG 1000 ............................................................................................................................................ 1,084,161 1,084,161 010 ADVANCE PROCUREMENT (CY) .............................................................................................011 DDG–51 ............................................................................................................................................... 1 1,912,267 1 1,912,267 012 ADVANCE PROCUREMENT (CY) ............................................................................................. 328,996 328,996 013 LITTORAL COMBAT SHIP ............................................................................................................ 3 1,380,000 3 1,380,000 

AMPHIBIOUS SHIPS 

014 LPD–17 ............................................................................................................................................... 872,392 872,392 

015 ADVANCE PROCUREMENT (CY) ............................................................................................. 184,555 184,555 016 LHA REPLACEMENT .....................................................................................................................017 ADVANCE PROCUREMENT (CY) .............................................................................................018 INTRATHEATER CONNECTOR .................................................................................................... 1 177,956 1 177,956 

AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 

019 OUTFITTING ..................................................................................................................................... 391,238 391,238 

020 SERVICE CRAFT .............................................................................................................................. 3,694 3,694 021 LCAC SLEP ........................................................................................................................................ 3 63,857 3 63,857 022 COMPLETION OF PY SHIPBUILDING PROGRAMS ............................................................... 454,586 454,586 

TOTAL—SHIPBUILDING AND CONVERSION, NAVY ............................................ 13,776,867 13,776,867 

OTHER PROCUREMENT, NAVY 
898 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

SHIPS SUPPORT EQUIPMENT SHIP PROPULSION EQUIPMENT 

001 LM–2500 GAS TURBINE ................................................................................................................. 8,014 8,014 

002 ALLISON 501K GAS TURBINE ..................................................................................................... 9,162 9,162 003 OTHER PROPULSION EQUIPMENT ..........................................................................................

NAVIGATION EQUIPMENT 

004 OTHER NAVIGATION EQUIPMENT ............................................................................................ 34,743 34,743 

PERISCOPES 

005 SUB PERISCOPES & IMAGING EQUIP ..................................................................................... 75,127 75,127 

OTHER SHIPBOARD EQUIPMENT 

006 DDG MOD .......................................................................................................................................... 142,262 142,262 

007 FIREFIGHTING EQUIPMENT ...................................................................................................... 11,423 4,000 15,423 

Smart valves for fire suppression .............................................................................................. [4,000 ] 

008 COMMAND AND CONTROL SWITCHBOARD ............................................................................ 4,383 4,383 009 POLLUTION CONTROL EQUIPMENT ........................................................................................ 24,992 24,992 010 SUBMARINE SUPPORT EQUIPMENT ........................................................................................ 16,867 16,867 011 VIRGINIA CLASS SUPPORT EQUIPMENT ............................................................................... 103,153 103,153 012 SUBMARINE BATTERIES ............................................................................................................. 51,482 51,482 013 STRATEGIC PLATFORM SUPPORT EQUIP ............................................................................. 15,672 15,672 014 DSSP EQUIPMENT .......................................................................................................................... 10,641 10,641 015 CG MODERNIZATION ..................................................................................................................... 315,323 315,323 016 LCAC ................................................................................................................................................... 6,642 6,642 017 MINESWEEPING EQUIPMENT ....................................................................................................018 UNDERWATER EOD PROGRAMS ............................................................................................... 19,232 19,232 019 ITEMS LESS THAN $5 MILLION ................................................................................................. 127,554 127,554 020 CHEMICAL WARFARE DETECTORS ......................................................................................... 8,899 8,899 021 SUBMARINE LIFE SUPPORT SYSTEM ..................................................................................... 14,721 14,721 

REACTOR PLANT EQUIPMENT 

022 REACTOR POWER UNITS .............................................................................................................

023 REACTOR COMPONENTS .............................................................................................................. 262,354 262,354 
899 

† HR 2647 EAS 

OCEAN ENGINEERING 

024 DIVING AND SALVAGE EQUIPMENT ........................................................................................ 5,304 5,304 

SMALL BOATS 

025 STANDARD BOATS ......................................................................................................................... 35,318 35,318 

TRAINING EQUIPMENT 

026 OTHER SHIPS TRAINING EQUIPMENT ................................................................................... 15,113 15,113 

PRODUCTION FACILITIES EQUIPMENT 

027 OPERATING FORCES IPE ............................................................................................................ 47,172 47,172 

OTHER SHIP SUPPORT 

028 NUCLEAR ALTERATIONS ............................................................................................................. 136,683 136,683 

029 LCS MODULES ................................................................................................................................. 137,259 137,259 

LOGISTIC SUPPORT 

030 LSD MIDLIFE ................................................................................................................................... 117,856 117,856 

COMMUNICATIONS AND ELECTRONICS EQUIPMENT SHIP RADARS 

031 RADAR SUPPORT ............................................................................................................................ 9,968 9,968 

032 SPQ–9B RADAR ................................................................................................................................ 13,476 13,476 033 AN/SQQ–89 SURF ASW COMBAT SYSTEM ................................................................................ 111,093 111,093 034 SSN ACOUSTICS .............................................................................................................................. 299,962 4,000 303,962 

TB–33 thinline towed array ...................................................................................................... [4,000 ] 

035 UNDERSEA WARFARE SUPPORT EQUIPMENT .................................................................... 38,705 38,705 036 SONAR SWITCHES AND TRANSDUCERS ................................................................................. 13,537 13,537 

ASW ELECTRONIC EQUIPMENT 

037 SUBMARINE ACOUSTIC WARFARE SYSTEM ......................................................................... 20,681 20,681 038 SSTD ................................................................................................................................................... 2,184 2,184 

039 FIXED SURVEILLANCE SYSTEM ............................................................................................... 63,017 63,017 040 SURTASS ........................................................................................................................................... 24,108 24,108 041 TACTICAL SUPPORT CENTER .................................................................................................... 22,464 22,464 

ELECTRONIC WARFARE EQUIPMENT 

042 AN/SLQ–32 ......................................................................................................................................... 34,264 34,264 

RECONNAISSANCE EQUIPMENT 

043 SHIPBOARD IW EXPLOIT ............................................................................................................ 105,883 105,883 

SUBMARINE SURVEILLANCE EQUIPMENT 

044 SUBMARINE SUPPORT EQUIPMENT PROG ........................................................................... 98,645 98,645 

OTHER SHIP ELECTRONIC EQUIPMENT 

045 NAVY TACTICAL DATA SYSTEM .................................................................................................
900 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

046 COOPERATIVE ENGAGEMENT CAPABILITY .......................................................................... 30,522 30,522 047 GCCS–M EQUIPMENT .................................................................................................................... 13,594 13,594 048 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ............................................... 35,933 35,933 049 ATDLS ................................................................................................................................................ 7,314 7,314 050 MINESWEEPING SYSTEM REPLACEMENT ............................................................................. 79,091 79,091 051 SHALLOW WATER MCM ................................................................................................................ 7,835 7,835 052 NAVSTAR GPS RECEIVERS (SPACE) ........................................................................................ 10,845 10,845 053 ARMED FORCES RADIO AND TV ............................................................................................... 3,333 3,333 054 STRATEGIC PLATFORM SUPPORT EQUIP ............................................................................. 4,149 4,149 

TRAINING EQUIPMENT 

055 OTHER TRAINING EQUIPMENT ................................................................................................. 36,784 36,784 

AVIATION ELECTRONIC EQUIPMENT 

056 MATCALS ........................................................................................................................................... 17,468 17,468 

057 SHIPBOARD AIR TRAFFIC CONTROL ...................................................................................... 7,970 7,970 058 AUTOMATIC CARRIER LANDING SYSTEM .............................................................................. 18,878 18,878059 NATIONAL AIR SPACE SYSTEM ................................................................................................. 28,988 28,988 060 AIR STATION SUPPORT EQUIPMENT ...................................................................................... 8,203 8,203 061 MICROWAVE LANDING SYSTEM ................................................................................................ 10,526 10,526 062 ID SYSTEMS ..................................................................................................................................... 38,682 38,682 063 TAC A/C MISSION PLANNING SYS (TAMPS) ........................................................................... 9,102 9,102 

OTHER SHORE ELECTRONIC EQUIPMENT 

064 DEPLOYABLE JOINT COMMAND AND CONT .......................................................................... 8,719 8,719 065 TADIX–B ............................................................................................................................................ 793 793 066 GCCS–M EQUIPMENT TACTICAL/MOBILE .............................................................................. 11,820 11,820067 COMMON IMAGERY GROUND SURFACE SYSTEMS .............................................................. 27,632 27,632 068 CANES ................................................................................................................................................ 1,181 1,181 069 RADIAC .............................................................................................................................................. 5,990 5,990 070 GPETE ................................................................................................................................................ 3,737 3,737 071 INTEG COMBAT SYSTEM TEST FACILITY .............................................................................. 4,423 4,423 072 EMI CONTROL INSTRUMENTATION ......................................................................................... 4,778 4,778 
901 

† HR 2647 EAS 

073 ITEMS LESS THAN $5 MILLION ................................................................................................. 65,760 65,760 

SHIPBOARD COMMUNICATIONS 

074 SHIPBOARD TACTICAL COMMUNICATIONS ...........................................................................075 PORTABLE RADIOS .......................................................................................................................

076 SHIP COMMUNICATIONS AUTOMATION .................................................................................. 310,605 310,605 077 AN/URC–82 RADIO .......................................................................................................................... 4,913 4,913 078 COMMUNICATIONS ITEMS UNDER $5M .................................................................................. 25,314 25,314 

SUBMARINE COMMUNICATIONS 

079 SUBMARINE BROADCAST SUPPORT ........................................................................................ 105 105 080 SUBMARINE COMMUNICATION EQUIPMENT ........................................................................ 48,729 48,729 

SATELLITE COMMUNICATIONS 

081 SATELLITE COMMUNICATIONS SYSTEMS ............................................................................. 50,172 50,172 082 NAVY MULTIBAND TERMINAL (NMT) ...................................................................................... 72,496 72,496 

SHORE COMMUNICATIONS 

083 JCS COMMUNICATIONS EQUIPMENT ....................................................................................... 2,322 2,322 

084 ELECTRICAL POWER SYSTEMS ................................................................................................ 1,293 1,293 085 NAVAL SHORE COMMUNICATIONS ........................................................................................... 2,542 2,542 

CRYPTOGRAPHIC EQUIPMENT 

086 INFO SYSTEMS SECURITY PROGRAM (ISSP) ........................................................................ 119,054 119,054

087 CRYPTOLOGIC COMMUNICATIONS EQUIP ............................................................................. 16,839 16,839 

OTHER ELECTRONIC SUPPORT 

088 COAST GUARD EQUIPMENT ....................................................................................................... 18,892 18,892 

DRUG INTERDICTION SUPPORT 

089 OTHER DRUG INTERDICTION SUPPORT ...............................................................................

AVIATION SUPPORT EQUIPMENT SONOBUOYS 

090 SONOBUOYS—ALL TYPES ........................................................................................................... 91,976 91,976 

AIRCRAFT SUPPORT EQUIPMENT 

091 WEAPONS RANGE SUPPORT EQUIPMENT ............................................................................. 75,329 75,329 092 EXPEDITIONARY AIRFIELDS ..................................................................................................... 8,343 8,343 

093 AIRCRAFT REARMING EQUIPMENT ......................................................................................... 12,850 12,850 094 AIRCRAFT LAUNCH & RECOVERY EQUIPMENT .................................................................. 48,670 48,670 095 METEOROLOGICAL EQUIPMENT ............................................................................................... 21,458 21,458 096 OTHER PHOTOGRAPHIC EQUIPMENT .................................................................................... 1,582 1,582097 AVIATION LIFE SUPPORT ........................................................................................................... 27,367 27,367 098 AIRBORNE MINE COUNTERMEASURES .................................................................................. 55,408 55,408 
902 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

099 LAMPS MK III SHIPBOARD EQUIPMENT ............................................................................... 23,694 23,694 100 PORTABLE ELECTRONIC MAINTENANCE AIDS ................................................................... 9,710 9,710 101 OTHER AVIATION SUPPORT EQUIPMENT ............................................................................. 16,541 16,541 

ORDNANCE SUPPORT EQUIPMENT SHIP GUN SYSTEM EQUIPMENT 

102 NAVAL FIRES CONTROL SYSTEM ............................................................................................. 1,391 1,391 103 GUN FIRE CONTROL EQUIPMENT ............................................................................................ 7,891 7,891 

SHIP MISSILE SYSTEMS EQUIPMENT 

104 NATO SEASPARROW ...................................................................................................................... 13,556 13,556 

105 RAM GMLS ........................................................................................................................................ 7,762 7,762 106 SHIP SELF DEFENSE SYSTEM .................................................................................................. 34,079 34,079 107 AEGIS SUPPORT EQUIPMENT ................................................................................................... 108,886 108,886 108 TOMAHAWK SUPPORT EQUIPMENT ........................................................................................ 88,475 88,475 109 VERTICAL LAUNCH SYSTEMS .................................................................................................... 5,513 5,513 

FBM SUPPORT EQUIPMENT 

110 STRATEGIC MISSILE SYSTEMS EQUIP ................................................................................... 155,579 155,579 

ASW SUPPORT EQUIPMENT 

111 SSN COMBAT CONTROL SYSTEMS ............................................................................................ 118,528 118,528 

112 SUBMARINE ASW SUPPORT EQUIPMENT .............................................................................. 5,200 5,200 113 SURFACE ASW SUPPORT EQUIPMENT ................................................................................... 13,646 13,646 114 ASW RANGE SUPPORT EQUIPMENT ........................................................................................ 7,256 7,256 

OTHER ORDNANCE SUPPORT EQUIPMENT 

115 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................................................................ 54,069 54,069 116 ITEMS LESS THAN $5 MILLION ................................................................................................. 3,478 3,478 

OTHER EXPENDABLE ORDNANCE 

117 ANTI-SHIP MISSILE DECOY SYSTEM ...................................................................................... 37,128 37,128 

118 SURFACE TRAINING DEVICE MODS ........................................................................................ 7,430 7,430 119 SUBMARINE TRAINING DEVICE MODS ................................................................................... 25,271 25,271 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

120 PASSENGER CARRYING VEHICLES .......................................................................................... 4,139 4,139 
903 

† HR 2647 EAS 

121 GENERAL PURPOSE TRUCKS .................................................................................................... 1,731 1,731 122 CONSTRUCTION & MAINTENANCE EQUIP ............................................................................. 12,931 12,931 123 FIRE FIGHTING EQUIPMENT ..................................................................................................... 12,976 12,976 124 TACTICAL VEHICLES .................................................................................................................... 25,352 25,352 125 AMPHIBIOUS EQUIPMENT .......................................................................................................... 2,950 2,950 126 POLLUTION CONTROL EQUIPMENT ........................................................................................ 5,097 5,097 127 ITEMS UNDER $5 MILLION ......................................................................................................... 23,787 23,787 128 PHYSICAL SECURITY VEHICLES .............................................................................................. 1,115 1,115 

SUPPLY SUPPORT EQUIPMENT 

129 MATERIALS HANDLING EQUIPMENT ...................................................................................... 17,153 17,153 

130 OTHER SUPPLY SUPPORT EQUIPMENT ................................................................................ 6,368 6,368 131 FIRST DESTINATION TRANSPORTATION ............................................................................... 6,217 6,217 132 SPECIAL PURPOSE SUPPLY SYSTEMS ................................................................................... 71,597 71,597 

PERSONNEL AND COMMAND SUPPORT EQUIPMENT TRAINING DEVICES 

133 TRAINING SUPPORT EQUIPMENT ............................................................................................ 12,944 12,944 

COMMAND SUPPORT EQUIPMENT 

134 COMMAND SUPPORT EQUIPMENT ............................................................................................ 55,267 1,000 56,267 

National small unit center of excellence ................................................................................... [–3,000 ] Man overboard indicators .......................................................................................................... [4,000 ] 

135 EDUCATION SUPPORT EQUIPMENT ........................................................................................ 2,084 2,084 136 MEDICAL SUPPORT EQUIPMENT ............................................................................................. 5,517 5,517 137 NAVAL MIP SUPPORT EQUIPMENT .......................................................................................... 1,537 1,537 139 OPERATING FORCES SUPPORT EQUIPMENT ....................................................................... 12,250 12,250 140 C4ISR EQUIPMENT ......................................................................................................................... 5,324 5,324 141 ENVIRONMENTAL SUPPORT EQUIPMENT ............................................................................. 18,183 18,183 142 PHYSICAL SECURITY EQUIPMENT .......................................................................................... 128,921 128,921 143 ENTERPRISE INFORMATION TECHNOLOGY ......................................................................... 79,747 79,747 

OTHER 

144 CANCELLED ACCOUNT ADJUSTMENTS ..................................................................................

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 19,463 19,463 

SPARES AND REPAIR PARTS 

145 SPARES AND REPAIR PARTS ..................................................................................................... 247,796 247,796 

145a Procurement of computer services/systems ........................................................................................ –75,000 –75,000 

Eliminate redundant activities ................................................................................................. [–75,000 ] 
904 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

TOTAL—OTHER PROCUREMENT, NAVY ..................................................................... 5,661,176 –66,000 5,595,176 PROCUREMENT, MARINE CORPS WEAPONS AND COMBAT VEHICLES TRACKED COMBAT VEHICLES 

001 AAV7A1 PIP ....................................................................................................................................... 9,127 9,127 

002 LAV PIP .............................................................................................................................................. 34,969 34,969 003 IMPROVED RECOVERY VEHICLE (IRV) ...................................................................................004 M1A1 FIREPOWER ENHANCEMENTS .......................................................................................

ARTILLERY AND OTHER WEAPONS 

005 EXPEDITIONARY FIRE SUPPORT SYSTEM ............................................................................ 20 19,591 20 19,591 006 155MM LIGHTWEIGHT TOWED HOWITZER ........................................................................... 7,420 7,420 007 HIGH MOBILITY ARTILLERY ROCKET SYSTEM .................................................................. 71,476 71,476 008 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ................................................. 25,949 25,949 

WEAPONS 

009 MODULAR WEAPON SYSTEM ......................................................................................................

OTHER SUPPORT 

010 MODIFICATION KITS ..................................................................................................................... 33,990 33,990 011 WEAPONS ENHANCEMENT PROGRAM ..................................................................................... 22,238 22,238 

GUIDED MISSILES AND EQUIPMENT GUIDED MISSILES 

012 GROUND BASED AIR DEFENSE ................................................................................................ 11,387 11,387 

013 JAVELIN .............................................................................................................................................014 FOLLOW ON TO SMAW .................................................................................................................. 25,333 25,333 015 ANTI-ARMOR WEAPONS SYSTEM–HEAVY (AAWS–H) .......................................................... 71,225 71,225 

OTHER SUPPORT 

016 MODIFICATION KITS ..................................................................................................................... 2,114 2,114 

COMMUNICATIONS & ELECTRONICS EQUIPMENT COMMAND AND CONTROL SYSTEMS 
905 

† HR 2647 EAS 

017 UNIT OPERATIONS CENTER ....................................................................................................... 19,832 19,832 

REPAIR AND TEST EQUIPMENT 

018 REPAIR AND TEST EQUIPMENT ............................................................................................... 31,087 31,087 

OTHER SUPPORT (TEL) 

019 COMBAT SUPPORT SYSTEM ....................................................................................................... 11,368 11,368 

020 MODIFICATION KITS .....................................................................................................................

COMMAND AND CONTROL SYSTEM (NON–TEL) 

021 ITEMS UNDER $5 MILLION (COMM & ELEC) ........................................................................ 3,531 3,531 022 AIR OPERATIONS C2 SYSTEMS .................................................................................................. 45,084 45,084 

RADAR + EQUIPMENT (NON–TEL) 

023 RADAR SYSTEMS ............................................................................................................................ 7,428 7,428 

INTELL/COMM EQUIPMENT (NON–TEL) 

024 FIRE SUPPORT SYSTEM .............................................................................................................. 2,580 2,580 

025 INTELLIGENCE SUPPORT EQUIPMENT ................................................................................. 37,581 37,581 

026 RQ–11 UAV ......................................................................................................................................... 517 42,403 517 42,403 

OTHER COMM/ELEC EQUIPMENT (NON–TEL) 

027 NIGHT VISION EQUIPMENT ........................................................................................................ 10,360 10,360 

OTHER SUPPORT (NON–TEL) 

028 COMMON COMPUTER RESOURCES .......................................................................................... 115,263 115,263 

029 COMMAND POST SYSTEMS .......................................................................................................... 49,820 49,820 030 RADIO SYSTEMS ............................................................................................................................. 61,954 61,954 031 COMM SWITCHING & CONTROL SYSTEMS ............................................................................. 98,254 98,254 032 COMM & ELEC INFRASTRUCTURE SUPPORT ....................................................................... 15,531 15,531 

SUPPORT VEHICLES ADMINISTRATIVE VEHICLES 

033 COMMERCIAL PASSENGER VEHICLES ................................................................................... 1,265 1,265034 COMMERCIAL CARGO VEHICLES .............................................................................................. 13,610 13,610 035 TACTICAL VEHICLES ............................................................................................................. 54 9,796 54 9,796 036 MOTOR TRANSPORT MODIFICATIONS .................................................................................... 6,111 6,111 037 MEDIUM TACTICAL VEHICLE REPLACEMENT .................................................................... 10,792 10,792 038 LOGISTICS VEHICLE SYSTEM REP .......................................................................................... 495 217,390 495 217,390 039 FAMILY OF TACTICAL TRAILERS ............................................................................................. 26,497 26,497 040 TRAILERS ......................................................................................................................................... 18,122 18,122 

OTHER SUPPORT 

041 ITEMS LESS THAN $5 MILLION ................................................................................................. 5,948 5,948 

ENGINEER AND OTHER EQUIPMENT 
906 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

042 ENVIRONMENTAL CONTROL EQUIP ASSORT ....................................................................... 5,121 5,121 043 BULK LIQUID EQUIPMENT ......................................................................................................... 13,035 13,035 044 TACTICAL FUEL SYSTEMS .......................................................................................................... 35,059 35,059 045 POWER EQUIPMENT ASSORTED ............................................................................................... 21,033 21,033 046 AMPHIBIOUS SUPPORT EQUIPMENT ...................................................................................... 39,876 39,876 047 EOD SYSTEMS ................................................................................................................................. 93,335 93,335 

MATERIALS HANDLING EQUIPMENT 

048 PHYSICAL SECURITY EQUIPMENT .......................................................................................... 12,169 12,169 

049 GARRISON MOBILE ENGINEER EQUIPMENT (GMEE) ....................................................... 11,825 11,825 050 MATERIAL HANDLING EQUIP .................................................................................................... 41,430 41,430 051 FIRST DESTINATION TRANSPORTATION ............................................................................... 5,301 5,301 

GENERAL PROPERTY 

052 FIELD MEDICAL EQUIPMENT .................................................................................................... 6,811 6,811 053 TRAINING DEVICES ....................................................................................................................... 14,854 14,854 054 CONTAINER FAMILY ...................................................................................................................... 3,770 3,770 055 FAMILY OF CONSTRUCTION EQUIPMENT .............................................................................. 37,735 37,735056 FAMILY OF INTERNALLY TRANSPORTABLE VEH (ITV) .................................................... 52 10,360 52 10,360 057 BRIDGE BOATS ...............................................................................................................................058 RAPID DEPLOYABLE KITCHEN ................................................................................................. 2,159 2,159 

OTHER SUPPORT 

059 ITEMS LESS THAN $5 MILLION ................................................................................................. 8,792 8,792 

SPARES AND REPAIR PARTS 

060 SPARES AND REPAIR PARTS ..................................................................................................... 41,547 41,547 

TOTAL—PROCUREMENT, MARINE CORPS ............................................................... 1,600,638 1,600,638 AIRCRAFT PROCUREMENT, AIR FORCE COMBAT AIRCRAFT TACTICAL FORCES 

001 F–35 ..................................................................................................................................................... 10 2,048,830 10 2,048,830 
907 

† HR 2647 EAS 

002 ADVANCE PROCUREMENT (CY) ............................................................................................. 300,600 300,600 003 F–22A .................................................................................................................................................. 95,163 7 1,717,735 7 1,812,898 

Use FY 09 funds to offset FY 10 requirements ........................................................................ [–32,265 ] Purchase additional aircraft ..................................................................................................... [1,750,000 ] Unneeded production shutdown costs ........................................................................................ [–64,000 ] Other program requirements ..................................................................................................... [64,000 ] 

004 ADVANCE PROCUREMENT (CY) .............................................................................................

AIRLIFT AIRCRAFT TACTICAL AIRLIFT 

005 C–17A (MYP) ...................................................................................................................................... 88,510 88,510 

OTHER AIRLIFT 

006 C–130J ................................................................................................................................................. 3 285,632 3 285,632 

007 ADVANCE PROCUREMENT (CY) ............................................................................................. 108,000 108,000 008 HC/MC–130 RECAP .......................................................................................................................... 9 879,231 9 879,231 009 ADVANCE PROCUREMENT (CY) ............................................................................................. 137,360 137,360 010 JOINT CARGO AIRCRAFT ............................................................................................................. 8 319,050 8 319,050 

TRAINER AIRCRAFT UPT TRAINERS 

011 USAFA POWERED FLIGHT PROGRAM ..................................................................................... 13 4,144 13 4,144 

OPERATIONAL TRAINERS 

012 JPATS ................................................................................................................................................. 15,711 15,711 

OTHER AIRCRAFT HELICOPTERS 

013 V22 OSPREY ...................................................................................................................................... 5 437,272 5 437,272 

014 ADVANCE PROCUREMENT (CY) ............................................................................................. 13,835 13,835 

MISSION SUPPORT AIRCRAFT 

015 C–29A FLIGHT INSPECTION ACFT ............................................................................................016 C–12 A .................................................................................................................................................

017 C–40 ..................................................................................................................................................... 3 154,044 3 154,044 018 CIVIL AIR PATROL A/C ................................................................................................................. 2,426 2,426 

OTHER AIRCRAFT 

020 TARGET DRONES ........................................................................................................................... 78,511 78,511 

021 C–37A .................................................................................................................................................. 1 66,400 1 66,400 022 GLOBAL HAWK ................................................................................................................................ 5 554,775 –50,000 5 504,775 

Reduction due to program delays ............................................................................................. [–50,000 ] 

023 ADVANCE PROCUREMENT (CY) ............................................................................................. 113,049 113,049 
908 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

024 MQ–1 ...................................................................................................................................................025 MQ–9 ................................................................................................................................................... 24 489,469 –19,900 24 469,569 

Gorgon Stare ............................................................................................................................... [–19,900 ] 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 3,608 3,608 

MODIFICATION OF IN–SERVICE AIRCRAFT STRATEGIC AIRCRAFT 

026 B–2A .................................................................................................................................................... 283,955 283,955 

027 ADVANCE PROCUREMENT (CY) .............................................................................................028 B–1B .................................................................................................................................................... 107,558 107,558 029 B–52 ..................................................................................................................................................... 78,788 78,788 

TACTICAL AIRCRAFT 

030 A–10 ..................................................................................................................................................... 252,488 252,488 

031 F–15 ..................................................................................................................................................... 92,921 92,921 032 F–16 ..................................................................................................................................................... 224,642 224,642 033 F–22A .................................................................................................................................................. 350,735 –350,735 

Use FY 09 funds to offset FY 10 requirements ........................................................................ [–350,735 ]

AIRLIFT AIRCRAFT 

034 C–5 ....................................................................................................................................................... 606,993 606,993 

035 ADVANCE PROCUREMENT (CY) ............................................................................................. 108,300 108,300 036 C–9C .................................................................................................................................................... 10 10 037 C–17A .................................................................................................................................................. 469,731 469,731 038 C–21 ..................................................................................................................................................... 562 562 039 C–32A .................................................................................................................................................. 10,644 10,644 040 C–37A .................................................................................................................................................. 4,336 4,336 

TRAINER AIRCRAFT 

041 GLIDER MODS ................................................................................................................................. 119 119 

042 T–6 ....................................................................................................................................................... 33,074 33,074 043 T–1 ....................................................................................................................................................... 35 35 044 T–38 ..................................................................................................................................................... 75,274 75,274 
909 

† HR 2647 EAS 

045 T–43 .....................................................................................................................................................

OTHER AIRCRAFT 

046 KC–10A (ATCA) ................................................................................................................................. 9,441 9,441 

047 C–12 ..................................................................................................................................................... 472 472 048 MC–12W .............................................................................................................................................. 63,000 63,000 049 C–20 MODS ........................................................................................................................................ 734 734 050 VC–25A MOD ...................................................................................................................................... 15,610 15,610 051 C–40 ..................................................................................................................................................... 9,162 9,162 052 C–130 ................................................................................................................................................... 354,421 –209,500 144,921 

Use FY 08 & FY 09 resources to fund AMP production ......................................................... [–209,500 ] 

053 C130J MODS ...................................................................................................................................... 13,627 13,627 

054 C–135 ................................................................................................................................................... 150,425 150,425 055 COMPASS CALL MODS .................................................................................................................. 29,187 29,187 056 DARP ................................................................................................................................................... 107,859 107,859 057 E–3 ....................................................................................................................................................... 79,263 79,263 058 E–4 ....................................................................................................................................................... 73,058 73,058 059 E–8 ....................................................................................................................................................... 225,973 225,973 060 H–1 ...................................................................................................................................................... 18,280 18,280 061 H–60 .................................................................................................................................................... 14,201 14,201 062 GLOBAL HAWK MODS ................................................................................................................... 134,864 134,864 063 HC/MC–130 MODIFICATIONS ....................................................................................................... 1,964 1,964 064 OTHER AIRCRAFT .......................................................................................................................... 103,274 24,000 127,274 

Litening ATP upgrade kits ........................................................................................................ [24,000 ] 

065 MQ–1 MODS ....................................................................................................................................... 123,889 123,889 066 MQ–9 MODS ....................................................................................................................................... 48,837 48,837 067 CV–22 MODS ...................................................................................................................................... 24,429 24,429 

AIRCRAFT SPARES + REPAIR PARTS 

068 INITIAL SPARES/REPAIR PARTS .............................................................................................. 418,604 418,604 

AIRCRAFT SUPPORT EQUIPMENT AND FACILITIES COMMON SUPPORT EQUIP 

069 AIRCRAFT REPLACEMENT SUPPORT EQUIP ....................................................................... 105,820 105,820 

POST PRODUCTION SUPPORT 

070 B–1 ....................................................................................................................................................... 3,929 3,929 

071 B–2A ....................................................................................................................................................072 B–2A .................................................................................................................................................... 24,481 24,481 073 C–5 ....................................................................................................................................................... 2,259 2,259 
910 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

074 C–5 ....................................................................................................................................................... 11,787 11,787 075 KC–10A (ATCA) ................................................................................................................................. 4,125 4,125 076 C–17A .................................................................................................................................................. 91,400 91,400 077 C–130 ................................................................................................................................................... 28,092 28,092 078 EC–130J .............................................................................................................................................. 5,283 5,283 079 F–15 ..................................................................................................................................................... 15,744 15,744 080 F–16 ..................................................................................................................................................... 19,951 19,951 081 OTHER AIRCRAFT .......................................................................................................................... 51,980 51,980 082 T–1 .......................................................................................................................................................

INDUSTRIAL PREPAREDNESS 

083 INDUSTRIAL RESPONSIVENESS ............................................................................................... 25,529 25,529 

WAR CONSUMABLES 

084 WAR CONSUMABLES ..................................................................................................................... 134,427 134,427 

OTHER PRODUCTION CHARGES 

085 OTHER PRODUCTION CHARGES ............................................................................................... 490,344 490,344 

OTHER PRODUCTION CHARGES—SOF 

087 CANCELLED ACCT ADJUSTMENTS ...........................................................................................

DARP 

088 DARP ................................................................................................................................................... 15,323 15,323 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 19,443 19,443 

TOTAL—AIRCRAFT PROCUREMENT, AIR FORCE ................................................. 11,966,276 1,111,600 13,077,876 PROCUREMENT OF AMMUNITION, AIR FORCE PROCUREMENT OF AMMO, AIR FORCE ROCKETS 

001 ROCKETS ........................................................................................................................................... 43,461 43,461 

CARTRIDGES 

002 CARTRIDGES .................................................................................................................................... 123,886 123,886 
911 

† HR 2647 EAS 

BOMBS 

003 PRACTICE BOMBS .......................................................................................................................... 52,459 52,459 

004 GENERAL PURPOSE BOMBS ....................................................................................................... 225,145 225,145 005 JOINT DIRECT ATTACK MUNITION .......................................................................................... 3592 103,041 3592 103,041 

FLARE, IR MJU–7B 

006 CAD/PAD ............................................................................................................................................ 40,522 40,522 

007 EXPLOSIVE ORDINANCE DISPOSAL (EOD) ............................................................................ 3,302 3,302 008 SPARES AND REPAIR PARTS ..................................................................................................... 4,582 4,582 009 MODIFICATIONS ............................................................................................................................. 1,289 1,289 010 ITEMS LESS THAN $5,000,000 ..................................................................................................... 5,061 5,061 

FUZES 

011 FLARES .............................................................................................................................................. 152,515 152,515 

012 FUZES ................................................................................................................................................ 61,037 61,037 

WEAPONS SMALL ARMS 

013 SMALL ARMS .................................................................................................................................... 6,162 6,162 

TOTAL—PROCUREMENT OF AMMUNITION, AIR FORCE ................................. 822,462 822,462 MISSILE PROCUREMENT, AIR FORCE BALLISTIC MISSILES MISSILE REPLACEMENT EQUIPMENT–BALLISTIC 

001 MISSILE REPLACEMENT EQ–BALLISTIC ............................................................................... 58,139 58,139 

OTHER MISSILES TACTICAL 

002 JASSM ................................................................................................................................................. 52,666 52,666 

003 SIDEWINDER (AIM–9X) ................................................................................................................. 219 78,753 219 78,753 004 AMRAAM ............................................................................................................................................ 196 291,827 196 291,827 005 PREDITOR HELLFIRE MISSILE ................................................................................................ 792 79,699 792 79,699 006 SMALL DIAMETER BOMB ............................................................................................................ 2340 134,801 2340 134,801 

INDUSTRIAL FACILITIES 

007 INDUSTR’L PREPAREDNS/POL PREVENTION ....................................................................... 841 841 

MODIFICATION OF IN–SERVICE MISSILES CLASS IV 

008 ADVANCED CRUISE MISSILE ..................................................................................................... 32 32 

009 MM III MODIFICATIONS ............................................................................................................... 199,484 199,484 
912 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

010 AGM–65D MAVERICK ..................................................................................................................... 258 258 011 AGM–88A HARM ............................................................................................................................... 30,280 30,280 012 AIR LAUNCH CRUISE MISSILE (ALCM) ..................................................................................

SPARES AND REPAIR PARTS MISSILE SPARES + REPAIR PARTS 

013 INITIAL SPARES/REPAIR PARTS .............................................................................................. 70,185 70,185 

OTHER SUPPORT SPACE PROGRAMS 

014 ADVANCED EHF .............................................................................................................................. 1 1,843,475 1 1,843,475 

015 ADVANCE PROCUREMENT (CY) .............................................................................................016 WIDEBAND GAPFILLER SATELLITES (SPACE) .................................................................... 201,671 201,671 017 ADVANCE PROCUREMENT (CY) ............................................................................................. 62,380 62,380 018 SPACEBORNE EQUIP (COMSEC) ................................................................................................ 9,871 9,871 019 GLOBAL POSITIONING (SPACE) ................................................................................................ 53,140 53,140 020 ADVANCE PROCUREMENT (CY) .............................................................................................021 NUDET DETECTION SYSTEM .....................................................................................................022 DEF METEOROLOGICAL SAT PROG (SPACE) ........................................................................ 97,764 97,764 023 TITAN SPACE BOOSTERS (SPACE) ...........................................................................................024 EVOLVED EXPENDABLE LAUNCH VEH (SPACE) ................................................................. 5 1,295,325 –193,000 5 1,102,325 

EELV reduction for GPS IF8 ................................................................................................... [–88,000 ] EELV reduction for AFSPC4 .................................................................................................... [–105,000 ] 

025 MEDIUM LAUNCH VEHICLE (SPACE) ......................................................................................026 SBIR HIGH (SPACE) ...................................................................................................................... 1 307,456 1 307,456 027 ADVANCE PROCUREMENT (CY) ............................................................................................. 159,000 159,000 028 NATL POLAR-ORBITING OP ENV SATELLITE ....................................................................... 3,900 3,900 

SPECIAL PROGRAMS 

029 DEFENSE SPACE RECONN PROGRAM ..................................................................................... 105,152 105,152 031 SPECIAL UPDATE PROGRAMS ................................................................................................... 311,070 311,070 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 853,559 853,559 
913 

† HR 2647 EAS 

TOTAL—MISSILE PROCUREMENT, AIR FORCE ..................................................... 6,300,728 –193,000 6,107,728 OTHER PROCUREMENT, AIR FORCE VEHICULAR EQUIPMENT CARGO + UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE .................................................................................................... 25,922 25,922 

003 CAP VEHICLES ................................................................................................................................ 897 897 

SPECIAL PURPOSE VEHICLES 

004 SECURITY AND TACTICAL VEHICLES ..................................................................................... 44,603 44,603 

FIRE FIGHTING EQUIPMENT 

005 FIRE FIGHTING/CRASH RESCUE VEHICLES ........................................................................ 27,760 27,760 

MATERIALS HANDLING EQUIPMENT 

006 HALVERSEN LOADER ................................................................................................................... 12,000 12,000 

Procure additional loaders ......................................................................................................... [12,000 ] 

BASE MAINTENANCE SUPPORT 

007 RUNWAY SNOW REMOV AND CLEANING EQU ....................................................................... 24,884 24,884 008 ITEMS LESS THAN $5,000,000 (VEHICLES) ............................................................................ 57,243 57,243 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 18,163 18,163 

ELECTRONICS AND TELECOMMUNICATIONS COMM SECURITY EQUIPMENT (COMSEC) 

009 COMSEC EQUIPMENT .................................................................................................................... 209,249 209,249 

010 MODIFICATIONS (COMSEC) ......................................................................................................... 1,570 1,570 

INTELLIGENCE PROGRAMS 

011 INTELLIGENCE TRAINING EQUIPMENT ................................................................................. 4,230 4,230

012 INTELLIGENCE COMM EQUIPMENT ........................................................................................ 21,965 21,965 

ELECTRONICS PROGRAMS 

013 AIR TRAFFIC CONTROL & LANDING SYS ............................................................................... 22,591 22,591 

014 NATIONAL AIRSPACE SYSTEM .................................................................................................. 47,670 47,670 015 THEATER AIR CONTROL SYS IMPROVEMEN ........................................................................ 56,776 56,776 016 WEATHER OBSERVATION FORECAST ..................................................................................... 19,357 19,357 017 STRATEGIC COMMAND AND CONTROL ................................................................................... 35,116 35,116 018 CHEYENNE MOUNTAIN COMPLEX ............................................................................................ 28,608 28,608 019 DRUG INTERDICTION SPT .......................................................................................................... 452 452 

SPCL COMM–ELECTRONICS PROJECTS 
914 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

020 GENERAL INFORMATION TECHNOLOGY ................................................................................ 111,282 111,282 021 AF GLOBAL COMMAND & CONTROL SYS ................................................................................ 15,499 15,499 022 MOBILITY COMMAND AND CONTROL ...................................................................................... 8,610 8,610 023 AIR FORCE PHYSICAL SECURITY SYSTEM ........................................................................... 137,293 137,293 024 COMBAT TRAINING RANGES ...................................................................................................... 40,633 6,200 46,833 

Unmanned modular threat emitter (UMTE) ........................................................................... [3,000 ] Joint threat emitter (JTE) ........................................................................................................ [3,200 ] 

025 C3 COUNTERMEASURES .............................................................................................................. 8,177 8,177 026 GCSS–AF FOS ................................................................................................................................... 81,579 81,579 027 THEATER BATTLE MGT C2 SYSTEM ....................................................................................... 29,687 29,687 

028 AIR & SPACE OPERATIONS CTR–WPN SYS ............................................................................ 54,093 54,093

AIR FORCE COMMUNICATIONS 

029 BASE INFO INFRASTRUCTURE ................................................................................................. 433,859 433,859 

030 USCENTCOM ..................................................................................................................................... 38,958 38,958 031 AUTOMATED TELECOMMUNICATIONS PRG ..........................................................................

DISA PROGRAMS 

032 SPACE BASED IR SENSOR PGM SPACE .................................................................................. 34,440 34,440 033 NAVSTAR GPS SPACE .................................................................................................................... 6,415 6,415 034 NUDET DETECTION SYS SPACE ................................................................................................ 15,436 15,436 035 AF SATELLITE CONTROL NETWORK SPACE ........................................................................ 58,865 58,865 036 SPACELIFT RANGE SYSTEM SPACE ........................................................................................ 100,275 100,275 037 MILSATCOM SPACE ....................................................................................................................... 110,575 9,000 119,575 

Application software assurance ................................................................................................. [9,000 ] 

038 SPACE MODS SPACE ..................................................................................................................... 30,594 30,594 039 COUNTERSPACE SYSTEM ............................................................................................................ 29,793 29,793 

ORGANIZATION AND BASE 

040 TACTICAL C–E EQUIPMENT ....................................................................................................... 240,890 240,890 

041 COMBAT SURVIVOR EVADER LOCATER ................................................................................. 35,029 35,029 042 RADIO EQUIPMENT ....................................................................................................................... 15,536 15,536 043 TV EQUIPMENT (AFRTV) ..............................................................................................................
915 

† HR 2647 EAS 

044 CCTV/AUDIOVISUAL EQUIPMENT ............................................................................................. 12,961 12,961 045 BASE COMM INFRASTRUCTURE ............................................................................................... 121,049 121,049 

MODIFICATIONS 

046 COMM ELECT MODS ...................................................................................................................... 64,087 64,087 

OTHER BASE MAINTENANCE AND SUPPORT EQUIP PERSONAL SAFETY & RESCUE EQUIP 

047 NIGHT VISION GOGGLES ............................................................................................................. 28,226 28,226 

048 ITEMS LESS THAN $5,000,000 (SAFETY) ................................................................................. 17,223 17,223 

DEPOT PLANT + MTRLS HANDLING EQ 

049 MECHANIZED MATERIAL HANDLING EQUIP ....................................................................... 15,449 15,449 

BASE SUPPORT EQUIPMENT 

050 BASE PROCURED EQUIPMENT .................................................................................................. 14,300 14,300 

051 CONTINGENCY OPERATIONS ...................................................................................................... 22,973 22,973 052 PRODUCTIVITY CAPITAL INVESTMENT .................................................................................. 3,020 3,020 053 MOBILITY EQUIPMENT ................................................................................................................ 32,855 32,855 054 ITEMS LESS THAN $5,000,000 (BASE S) .................................................................................. 8,195 8,195 

SPECIAL SUPPORT PROJECTS 

056 DARP RC135 ...................................................................................................................................... 23,132 23,132 

057 DISTRIBUTED GROUND SYSTEMS ........................................................................................... 293,640 293,640 059 SPECIAL UPDATE PROGRAM ..................................................................................................... 471,234 471,234 060 DEFENSE SPACE RECONNAISSANCE PROG. ......................................................................... 30,041 30,041 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 13,830,722 13,830,722 

SPARES AND REPAIR PARTS 

061 SPARES AND REPAIR PARTS ..................................................................................................... 19,460 19,460 

061a Procurement of computer services/systems ........................................................................................ –75,000 –75,000 

Eliminate redundant activities ................................................................................................. [–75,000 ] 

TOTAL—OTHER PROCUREMENT, AIR FORCE ........................................................ 17,293,141 –47,800 17,245,341 MINE RESISTANT AMBUSH PROT VEH FUND MINE RESISTANT AMBUSH PROT VEH FUND MINE RESISTANT AMBUSH PROT VEH FUND ..................................................................... 1,200,000 1,200,000 

Additional MRAP vehicles to meet new requirement .............................................................. [1,200,000 ] 
916 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

TOTAL—MINE RESISTANT AMBUSH PROT VEH FUND .................................... 1,200,000 1,200,000 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT MAJOR EQUIPMENT, AFIS 

001 MAJOR EQUIPMENT, AFIS ...........................................................................................................

MAJOR EQUIPMENT, BTA 

002 MAJOR EQUIPMENT, BTA ............................................................................................................ 8,858 8,858 

MAJOR EQUIPMENT, DCAA 

003 ITEMS LESS THAN $5 MILLION ................................................................................................. 1,489 1,489 

MAJOR EQUIPMENT, DCMA 

004 MAJOR EQUIPMENT ...................................................................................................................... 2,012 2,012 

MAJOR EQUIPMENT, DHRA 

005 PERSONNEL ADMINISTRATION ................................................................................................. 10,431 10,431 

MAJOR EQUIPMENT, DISA 

017 INTERDICTION SUPPORT ............................................................................................................

018 INFORMATION SYSTEMS SECURITY ........................................................................................ 13,449 13,449 

019 GLOBAL COMMAND AND CONTROL SYSTEM ......................................................................... 7,053 7,053 020 GLOBAL COMBAT SUPPORT SYSTEM ...................................................................................... 2,820 2,820 021 TELEPORT PROGRAM ................................................................................................................... 68,037 68,037 022 ITEMS LESS THAN $5 MILLION ................................................................................................. 196,232 196,232 023 NET CENTRIC ENTERPRISE SERVICES (NCES) ................................................................... 3,051 3,051 024 DEFENSE INFORMATION SYSTEM NETWORK (DISN) ........................................................ 89,725 89,725 025 PUBLIC KEY INFRASTRUCTURE ............................................................................................... 1,780 1,780 026 JOINT COMMAND AND CONTROL PROGRAM ......................................................................... 2,835 2,835 027 CYBER SECURITY INITIATIVE ................................................................................................... 18,188 18,188 

MAJOR EQUIPMENT, DLA 

028 MAJOR EQUIPMENT ...................................................................................................................... 7,728 7,728 

MAJOR EQUIPMENT, DMACT 

029 MAJOR EQUIPMENT ...................................................................................................................... 4 10,149 4 10,149 
917 

† HR 2647 EAS 

MAJOR EQUIPMENT, DODEA 

030 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS ...................................................... 1,463 1,463 

MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY 

031 EQUIPMENT .....................................................................................................................................

032 VEHICLES ......................................................................................................................................... 50 50 033 OTHER MAJOR EQUIPMENT ....................................................................................................... 7,447 7,447 

MAJOR EQUIPMENT, DTSA 

034 MAJOR EQUIPMENT ...................................................................................................................... 436 436 

MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 

035 THAAD SYSTEM .............................................................................................................................. 420,300 420,300 

036 SM–3 .................................................................................................................................................... 168,723 168,723 

MAJOR EQUIPMENT, NSA 

044 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ..................................................... 4,013 4,013 

MAJOR EQUIPMENT, OSD 

047 MAJOR EQUIPMENT, OSD ............................................................................................................ 111,487 111,487 

MAJOR EQUIPMENT, TJS 

048 MAJOR EQUIPMENT, TJS ............................................................................................................. 12,065 12,065 

MAJOR EQUIPMENT, WHS 

049 WHS MOTOR VEHICLES ...............................................................................................................

050 MAJOR EQUIPMENT, WHS ........................................................................................................... 26,945 26,945 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 818,766 818,766 

SPECIAL OPERATIONS COMMAND AVIATION PROGRAMS 

051 ROTARY WING UPGRADES AND SUSTAINMENT .................................................................. 101,936 101,936 052 MH–47 SERVICE LIFE EXTENSION PROGRAM ..................................................................... 22,958 22,958 053 MH–60 SOF MODERNIZATION PROGRAM ............................................................................... 146,820 146,820 

054 NON-STANDARD AVIATION .......................................................................................................... 9 227,552 9 227,552 055 UNMANNED VEHICLES .................................................................................................................056 SOF TANKER RECAPITALIZATION ........................................................................................... 34,200 34,200 057 SOF U–28 ........................................................................................................................................... 2,518 2,518 058 MC–130H, COMBAT TALON II ......................................................................................................059 CV–22 SOF MOD ............................................................................................................................... 5 114,553 5 114,553 060 MQ–1 UAV .......................................................................................................................................... 10,930 10,930 061 MQ–9 UAV .......................................................................................................................................... 12,671 12,671 062 STUASL0 ............................................................................................................................................ 9 12,223 9 12,223 
918 

† HR 2647 EAS 

PROCUREMENT 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

063 C–130 MODIFICATIONS ................................................................................................................. 59,950 85,000 144,950 

MC–130W multi-mission modifications ................................................................................... [85,000 ]

064 AIRCRAFT SUPPORT ..................................................................................................................... 973 973 

SHIPBUILDING 

065 ADVANCED SEAL DELIVERY SYSTEM (ASDS) ...................................................................... 5,236 5,236 066 MK8 MOD1 SEAL DELIVERY VEHICLE .................................................................................... 1,463 1,463 

AMMUNITION PROGRAMS 

067 SOF ORDNANCE REPLENISHMENT .......................................................................................... 61,360 61,360 

068 SOF ORDNANCE ACQUISITION ................................................................................................... 26,791 26,791 

OTHER PROCUREMENT PROGRAMS 

069 COMMUNICATIONS EQUIPMENT AND ELECTRONICS ........................................................ 55,080 55,080 070 SOF INTELLIGENCE SYSTEMS .................................................................................................. 72,811 72,811 

071 SMALL ARMS AND WEAPONS ..................................................................................................... 35,235 5,000 40,235 

Advanced lightweight grenade launcher .................................................................................... [5,000 ] 

072 MARITIME EQUIPMENT MODIFICATIONS .............................................................................. 791 791 073 SPEC APPLICATION FOR CONT .................................................................................................074 SOF COMBATANT CRAFT SYSTEMS .......................................................................................... 6,156 6,156 075 SPARES AND REPAIR PARTS ..................................................................................................... 2,010 2,010 076 TACTICAL VEHICLES .................................................................................................................... 18,821 18,821 077 MISSION TRAINING AND PREPARATION SYSTEMS ............................................................ 17,265 17,265 078 COMBAT MISSION REQUIREMENTS ......................................................................................... 20,000 20,000 079 MILCON COLLATERAL EQUIPMENT ........................................................................................ 6,835 6,835 081 SOF AUTOMATION SYSTEMS ...................................................................................................... 60,836 60,836 082 SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES .............................................................. 12,401 12,401 083 SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ..................................................... 26,070 26,070 084 SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS .................................................... 550 550 085 SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS ................................... 33,741 15,400 49,141 

Special operations visual augmentation systems ..................................................................... [15,400 ] 

086 SOF TACTICAL RADIO SYSTEMS ............................................................................................... 53,034 31,300 84,334 

Special operations forces multi-band inter/intra team radio ................................................. [31,300 ] 
919 

† HR 2647 EAS 

087 SOF MARITIME EQUIPMENT ...................................................................................................... 2,777 2,777 088 DRUG INTERDICTION ...................................................................................................................089 MISCELLANEOUS EQUIPMENT .................................................................................................. 7,576 7,576 090 SOF OPERATIONAL ENHANCEMENTS ..................................................................................... 273,998 273,998 091 PSYOP EQUIPMENT ....................................................................................................................... 43,081 43,081 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 5,573 5,573 

CHEMICAL/BIOLOGICAL DEFENSE CBDP 

092 Installation Force Protection ............................................................................................................. 65,590 65,590 

093 Individual Force Protection ............................................................................................................... 92,004 4,000 96,004 

M53 joint chemical biological protection mask ........................................................................ [4,000 ] 

094 Decontamination ................................................................................................................................. 22,008 22,008 

095 Joint Bio Defense Program (Medical) .............................................................................................. 12,740 12,740 096 Collective Protection ........................................................................................................................... 27,938 27,938 097 Contamination Avoidance .................................................................................................................. 151,765 151,765 

097a Procurement of computer services/systems ........................................................................................ –75,000 –75,000 

Eliminate redundant activities ................................................................................................. [–75,000 ] 

TOTAL—PROCUREMENT, DEFENSE-WIDE ............................................................... 3,984,352 65,700 4,050,052 RAPID ACQUISITION FUND 

001 JOINT RAPID ACQUISITION CELL ............................................................................................ 79,300 79,300 

TOTAL—RAPID ACQUISITION FUND ............................................................................ 79,300 79,300 Total Procurement ..................................................................................................................... 105,819,330 1,397,490 107,216,820 
920 

† HR 2647 EAS 

SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS. 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

AIRCRAFT PROCUREMENT, ARMY AIRCRAFT FIXED WING 

003 MQ–1 UAV .......................................................................................................................................... 12 250,000 12 250,000 

004 RQ–11 (RAVEN) ................................................................................................................................ 86 44,640 86 44,640 

004A C–12A .................................................................................................................................................. 6 45,000 6 45,000 

ROTARY WING 

011 UH–60 BLACKHAWK (MYP) .......................................................................................................... 4 74,340 4 74,340 

013 CH–47 HELICOPTER ...................................................................................................................... 4 141,200 4 141,200 

MODIFICATION OF AIRCRAFT 

018 GUARDRAIL MODS (MIP) ............................................................................................................. 50,210 50,210 

019 MULTI SENSOR ABN RECON (MIP) ........................................................................................... 54,000 54,000 020 AH–64 MODS ..................................................................................................................................... 4 315,300 4 315,300 026 UTILITY HELICOPTER MODS ..................................................................................................... 2,500 2,500 027 KIOWA WARRIOR ............................................................................................................................ 6 94,335 6 94,335 030 RQ–7 UAV MODS .............................................................................................................................. 326,400 326,400 
921 

† HR 2647 EAS 

030A C–12A .................................................................................................................................................. 60,000 60,000 

SPARES AND REPAIR PARTS 

031 SPARE PARTS (AIR) ....................................................................................................................... 18,200 18,200 

SUPPORT EQUIPMENT AND FACILITIES GROUND SUPPORT AVIONICS 

033 ASE INFRARED CM ........................................................................................................................ 111,600 111,600 

OTHER SUPPORT 

035 COMMON GROUND EQUIPMENT ................................................................................................ 23,704 23,704 

036 AIRCREW INTEGRATED SYSTEMS ........................................................................................... 24,800 24,800 

TOTAL—AIRCRAFT PROCUREMENT, ARMY ............................................................. 1,636,229 1,636,229 

MISSILE PROCUREMENT, ARMY OTHER MISSILES AIR-TO-SURFACE MISSILE SYSTEM 

005 HELLFIRE SYS SUMMARY .......................................................................................................... 2133 219,700 2133 219,700 

ANTI-TANK/ASSAULT MISSILE SYSTEM 

006 JAVELIN (AAWS-M) SYSTEM SUMMARY .................................................................................. 864 140,979 864 140,979 

007 TOW 2 SYSTEM SUMMARY ........................................................................................................... 1294 59,200 1294 59,200 008 GUIDED MLRS ROCKET (GMLRS) ............................................................................................. 678 60,600 678 60,600 

MODIFICATIONS 

014 MLRS MODS ...................................................................................................................................... 18,772 18,772 

015 HIMARS MODIFICATIONS ............................................................................................................ 32,319 32,319 

TOTAL—MISSILE PROCUREMENT, ARMY ................................................................. 531,570 531,570 PROCUREMENT OF WEAPONS & TRACKED COMBAT VEHICLES MODIFICATION OF TRACKED COMBAT VEHICLES 

009 FIST VEHICLE (MOD) .................................................................................................................... 36,000 36,000 

010 BRADLEY PROGRAM (MOD) ........................................................................................................ 243,600 243,600 011 HOWITZER, MED SP FT 155MM M109A6 (MOD) ..................................................................... 37,620 37,620 

WEAPONS AND OTHER COMBAT VEHICLES 

027 XM320 GRENADE LAUNCHER MODULE (GLM) ..................................................................... 3643 13,900 3643 13,900 

031 COMMON REMOTELY OPERATED WEAPONS STATION (CRO ........................................... 1000 235,000 1000 235,000 033 HOWITZER LT WT 155MM (T) ..................................................................................................... 36 107,996 36 107,996 

MOD OF WEAPONS AND OTHER COMBAT VEH 
922 

† HR 2647 EAS 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

036 M2 50 CAL MACHINE GUN MODS ............................................................................................... 27,600 27,600 037 M249 SAW MACHINE GUN MODS ............................................................................................... 20,900 20,900 038 M240 MEDIUM MACHINE GUN MODS ....................................................................................... 4,800 4,800 040 M119 MODIFICATIONS ................................................................................................................... 21,250 21,250 

041A M14 7.62 RIFLE MODS ................................................................................................................... 5,800 5,800 

SUPPORT EQUIPMENT & FACILITIES 

043 ITEMS LESS THAN $5.0M (WOCV–WTCV) ................................................................................ 5,000 5,000 

TOTAL—PROCUREMENT OF WTCV, ARMY ................................................................ 759,466 759,466 PROCUREMENT OF AMMUNITION, ARMY AMMUNITION SMALL/MEDIUM CALIBER AMMUNITION 

001 CTG, 5.56MM, ALL TYPES ............................................................................................................. 22,000 22,000 

002 CTG, 7.62MM, ALL TYPES ............................................................................................................. 8,300 8,300 003 CTG, HANDGUN, ALL TYPES ....................................................................................................... 500 500 004 CTG, .50 CAL, ALL TYPES ............................................................................................................. 26,500 26,500 006 CTG, 30MM, ALL TYPES ................................................................................................................ 530 530 

MORTAR AMMUNITION 

008 60MM MORTAR, ALL TYPES ........................................................................................................ 20,000 20,000 

ARTILLERY AMMUNITION 

014 CTG, ARTY, 105MM: ALL TYPES .................................................................................................. 9,200 9,200 

016 PROJ 155MM EXTENDED RANGE XM982 ................................................................................. 52,200 52,200 017 MODULAR ARTILLERY CHARGE SYSTEM (MACS), ALL T ................................................ 10,000 10,000 

ARTILLERY FUZES 

018 ARTILLERY FUZES, ALL TYPES ............................................................................................... 7,800 7,800 

MINES 

019 MINES, ALL TYPES ........................................................................................................................ 5,000 5,000 

020 MINE, CLEARING CHARGE, ALL TYPES ................................................................................. 7,000 7,000 

ROCKETS 
923 

† HR 2647 EAS 

024 ROCKET, HYDRA 70, ALL TYPES ............................................................................................... 169,505 169,505 

OTHER AMMUNITION 

027 SIGNALS, ALL TYPES .................................................................................................................... 100 100 

MISCELLANEOUS 

030 NON-LETHAL AMMUNITION, ALL TYPES ............................................................................... 32,000 32,000 

TOTAL—PROCUREMENT OF AMMUNITION, ARMY ............................................. 370,635 370,635 OTHER PROCUREMENT, ARMY TACTICAL AND SUPPORT VEHICLES TACTICAL VEHICLES 

001 TACTICAL TRAILERS/DOLLY SETS .......................................................................................... 185 1,948 185 1,948 

002 SEMITRAILERS, FLATBED .......................................................................................................... 670 40,403 670 40,403 003 SEMITRAILERS, TANKERS .......................................................................................................... 44 8,651 44 8,651 004 HI MOB MULTI-PURP WHLD VEH (HMMWV) ........................................................................ 8444 1,251,038 8444 1,251,038 005 FAMILY OF MEDIUM TACTICAL VEH (FMTV) ....................................................................... 1643 461,657 1643 461,657 007 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ............................................................... 623,230 623,230 009 ARMORED SECURITY VEHICLES (ASV) .................................................................................. 13,206 13,206 012 TRUCK, TRACTOR, LINE HAUL, M915/M916 ............................................................................ 259 62,654 259 62,654 

COMMUNICATIONS AND ELECTRONICS EQUIPMENT COMM-JOINT COMMUNICATIONS 

023 WIN–T—GROUND FORCES TACTICAL NETWORK ................................................................ 13,500 13,500 

COMM—SATELLITE COMMUNICATIONS 

028 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ........................................................... 53,486 53,486 029 SMART–T (SPACE) .......................................................................................................................... 26,000 26,000 

032 MOD OF IN–SVC EQUIP (TAC SAT) ........................................................................................... 23,900 23,900 

COMM—COMBAT SUPPORT COMM 

032A MOD–IN–SERVICE PROFILER ..................................................................................................... 6,070 6,070 

COMM—COMBAT COMMUNICATIONS 

034 ARMY DATA DISTRIBUTION SYSTEM (DATA RADIO) ......................................................... 239 239 037 SINCGARS FAMILY ......................................................................................................................... 128,180 –75,000 53,180 

Unjustified program growth .................................................................................................. [–75,000 ] 

038 AMC CRITICAL ITEMS—OPA2 ..................................................................................................... 100,000 100,000 046 RADIO, IMPROVED HF (COTS) FAMILY ................................................................................... 11,286 11,286 

047 MEDICAL COMM FOR CBT CASUALTY CARE (MC4) ............................................................. 18 18 

INFORMATION SECURITY 
924 

† HR 2647 EAS 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

050 INFORMATION SYSTEM SECURITY PROGRAM–ISSP .......................................................... 32,095 32,095 

COMM—BASE COMMUNICATIONS 

055 INFORMATION SYSTEMS .............................................................................................................. 330,342 330,342 057 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM( .............................................. 227,733 227,733 

ELECT EQUIP—TACT INT REL ACT (TIARA) 

062 JTT/CIBS-M (MIP) ........................................................................................................................... 1,660 1,660 066 DIGITAL TOPOGRAPHIC SPT SYS (DTSS) (MIP) .................................................................. 265 265 069 DCGS–A (MIP) .................................................................................................................................. 167,100 167,100 073 CI HUMINT AUTO REPRTING AND COLL(CHARCS) (MIP) ................................................ 34,208 34,208 075 ITEMS LESS THAN $5.0M (MIP) ................................................................................................. 5,064 5,064 

ELECT EQUIP—ELECTRONIC WARFARE (EW) 

076 LIGHTWEIGHT COUNTER MORTAR RADAR .......................................................................... 58,590 58,590 077 WARLOCK .......................................................................................................................................... 164,435 164,435 

078 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES ............................................ 126,030 126,030 

ELECT EQUIP—TACTICAL SURV. (TAC SURV) 

082 NIGHT VISION DEVICES .............................................................................................................. 93,183 93,183 084 NIGHT VISION, THERMAL WPN SIGHT ................................................................................... 25,000 25,000 085 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF ........................................................ 15,000 15,000 087 COUNTER–ROCKET, ARTILLERY & MORTAR (C–RAM) ...................................................... 150,400 150,400 091 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ............................................. 1,900 1,900 094 FORCE XXI BATTLE CMD BRIGADE & BELOW (FBCB2) ................................................... 242,999 179,000 421,999 

Unfunded requirement ................................................................................................................ [179,000 ] 

095 JOINT BATTLE COMMAND—PLATFORM (JBC–P) ................................................................096 LIGHTWEIGHT LASER DESIGNATOR/RANGEFINDER (LLD ............................................ 97,020 97,020 097 COMPUTER BALLISTICS: LHMBC XM32 .................................................................................. 3,780 3,780 099 COUNTERFIRE RADARS ............................................................................................................... 26,000 26,000 

ELECT EQUIP—TACTICAL C2 SYSTEMS 

103 FIRE SUPPORT C2 FAMILY ......................................................................................................... 14,840 14,840 

104 BATTLE COMMAND SUSTAINMENT SUPPORT SYSTEM (BC ............................................ 16 16 107 KNIGHT FAMILY ............................................................................................................................. 178,500 178,500 
925 

† HR 2647 EAS 

113 NETWORK MANAGEMENT INITIALIZATION AND SERVICE .............................................. 58,900 58,900 114 MANEUVER CONTROL SYSTEM (MCS) ..................................................................................... 5,000 5,000 115 SINGLE ARMY LOGISTICS ENTERPRISE (SALE) ................................................................. 1,440 1,440 

ELECT EQUIP—SUPPORT CLASSIFIED PROGRAMS .............................................................................................................. 760 760 

OTHER SUPPORT EQUIPMENT CHEMICAL DEFENSIVE EQUIPMENT 

129 PROTECTIVE SYSTEMS ................................................................................................................ 44,460 44,460 

130 CBRN SOLDIER PROTECTION .................................................................................................... 38,811 38,811 

BRIDGING EQUIPMENT 

133 TACTICAL BRIDGE, FLOAT-RIBBON ........................................................................................ 13,525 13,525 

136 EXPLOSIVE ORDNANCE DISPOSAL EQPMT (EOD EQPMT) .............................................. 10,800 10,800 

COMBAT SERVICE SUPPORT EQUIPMENT 

140 LAUNDRIES, SHOWERS AND LATRINES ................................................................................ 21,561 21,561 142 LIGHTWEIGHT MAINTENANCE ENCLOSURE (LME) ........................................................... 1,955 1,955 146 FORCE PROVIDER .......................................................................................................................... 245,382 245,382 147 FIELD FEEDING EQUIPMENT .................................................................................................... 4,011 4,011 150 ITEMS LESS THAN $5M (ENG SPT) .......................................................................................... 4,987 4,987 

PETROLEUM EQUIPMENT 

152 DISTRIBUTION SYSTEMS, PETROLEUM & WATER ............................................................. 58,554 58,554 

WATER EQUIPMENT 

153 WATER PURIFICATION SYSTEMS ............................................................................................. 3,017 3,017 

MEDICAL EQUIPMENT 

154 COMBAT SUPPORT MEDICAL ..................................................................................................... 11,386 11,386 

MAINTENANCE EQUIPMENT 

155 MOBILE MAINTENANCE EQUIPMENT SYSTEMS .................................................................. 12,365 12,365 156 ITEMS LESS THAN $5.0M (MAINT EQ) ..................................................................................... 546 546 

CONSTRUCTION EQUIPMENT 

162 LOADERS ........................................................................................................................................... 1,100 1,100 

163 HYDRAULIC EXCAVATOR ............................................................................................................ 290 290 166 PLANT, ASPHALT MIXING ........................................................................................................... 2,500 2,500 167 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) FOS .................................................... 16,500 16,500 169 ITEMS LESS THAN $5.0M (CONST EQUIP) ............................................................................. 360 360 

RAIL FLOAT CONTAINERIZATION EQUIPMENT 

172 ITEMS LESS THAN $5.0M (FLOAT/RAIL) ................................................................................. 3,550 3,550 

GENERATORS 
926 

† HR 2647 EAS 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

173 GENERATORS AND ASSOCIATED EQUIP ................................................................................ 62,210 62,210 

MATERIAL HANDLING EQUIPMENT 

174 ROUGH TERRAIN CONTAINER HANDLER (RTCH) .............................................................. 54,360 54,360 175 ALL TERRAIN LIFTING ARMY SYSTEM ................................................................................... 49,319 49,319 

TRAINING EQUIPMENT 

176 COMBAT TRAINING CENTERS SUPPORT ................................................................................ 60,200 60,200 

177 TRAINING DEVICES, NONSYSTEM ............................................................................................ 28,200 28,200 

TEST MEASURE AND DIG EQUIPMENT (TMD) 

182 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ......................................................... 1,524 1,524 183 TEST EQUIPMENT MODERNIZATION (TEMOD) ................................................................... 3,817 3,817 

OTHER SUPPORT EQUIPMENT 

184 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT ........................................................ 27,000 27,000 187 MODIFICATION OF IN–SVC EQUIPMENT (OPA–3) ................................................................ 555,950 555,950 

TOTAL—OTHER PROCUREMENT, ARMY .................................................................... 6,225,966 104,000 6,329,966 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND NETWORK ATTACK 

001 ATTACK THE NETWORK .............................................................................................................. 812,000 203,100 1,015,100 

Transfer from base budget .......................................................................................................... [203,100 ] 

JIEDDO DEVICE DEFEAT 

002 DEFEAT THE DEVICE ................................................................................................................... 536,000 199,100 735,100 

Transfer from base budget .......................................................................................................... [199,100 ] 

FORCE TRAINING 

003 TRAIN THE FORCE ........................................................................................................................ 187,000 41,100 228,100 

Transfer from base budget .......................................................................................................... [41,100 ] 

STAFF AND INFRASTRUCTURE 

004 OPERATIONS .................................................................................................................................... 121,550 121,550 

Transfer from base budget .......................................................................................................... [121,550 ] 
927 

† HR 2647 EAS 

TOTAL—JOINT IED DEFEAT FUND ............................................................................... 1,535,000 564,850 2,099,850 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 

010 UH–1Y/AH–1Z ................................................................................................................................... 2 55,006 2 55,006 

MODIFICATION OF AIRCRAFT 

028 EA–6 SERIES .................................................................................................................................... 45,000 45,000 

029 AV–8 SERIES .................................................................................................................................... 28,296 28,296 030 F–18 SERIES ..................................................................................................................................... 96,000 96,000 031 H–46 SERIES .................................................................................................................................... 17,485 17,485 033 H–53 SERIES .................................................................................................................................... 164,730 164,730 034 SH–60 SERIES ................................................................................................................................. 11,192 11,192 035 H–1 SERIES ...................................................................................................................................... 11,217 11,217 037 P–3 SERIES ....................................................................................................................................... 74,900 74,900 039 E–2 SERIES ...................................................................................................................................... 17,200 17,200 041 C–2A .................................................................................................................................................... 14,100 14,100 042 C–130 SERIES ................................................................................................................................... 52,324 52,324 049 POWER PLANT CHANGES ............................................................................................................ 4,456 4,456 052 COMMON ECM EQUIPMENT ........................................................................................................ 263,382 263,382 054 COMMON DEFENSIVE WEAPON SYSTEM ................................................................................ 5,500 5,500 056 V–22 (TILT/ROTOR ACFT) OSPREY ............................................................................................ 53,500 53,500 

AIRCRAFT SPARES AND REPAIR PARTS 

057 SPARES AND REPAIR PARTS ..................................................................................................... 2,265 2,265 

TOTAL—AIRCRAFT PROCUREMENT, NAVY ............................................................. 916,553 916,553 WEAPONS PROCUREMENT, NAVY OTHER MISSILES TACTICAL MISSILES 

010 HELLFIRE ........................................................................................................................................ 782 73,700 782 73,700 

TOTAL—WEAPONS PROCUREMENT, NAVY .............................................................. 73,700 73,700 

PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS PROC AMMO, NAVY NAVY AMMUNITION 
928 

† HR 2647 EAS 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

001 GENERAL PURPOSE BOMBS ....................................................................................................... 40,500 40,500 003 AIRBORNE ROCKETS, ALL TYPES ............................................................................................ 42,510 42,510 004 MACHINE GUN AMMUNITION ..................................................................................................... 109,200 109,200 007 AIR EXPENDABLE COUNTERMEASURES ............................................................................... 5,501 5,501 009 5 INCH/54 GUN AMMUNITION ..................................................................................................... 352 352 011 OTHER SHIP GUN AMMUNITION .............................................................................................. 2,835 2,835 012 SMALL ARMS & LANDING PARTY AMMO ................................................................................ 14,229 14,229 013 PYROTECHNIC AND DEMOLITION ............................................................................................ 1,442 1,442 

PROC AMMO, MC MARINE CORPS AMMUNITION 

015 SMALL ARMS AMMUNITION ........................................................................................................ 16,930 16,930 

016 LINEAR CHARGES, ALL TYPES ................................................................................................. 5,881 5,881 017 40 MM, ALL TYPES ......................................................................................................................... 104,824 104,824 018 60MM, ALL TYPES ........................................................................................................................... 43,623 43,623 019 81MM, ALL TYPES ........................................................................................................................... 103,647 103,647 020 120MM, ALL TYPES ......................................................................................................................... 62,265 62,265 021 CTG 25MM, ALL TYPES ................................................................................................................. 563 563 022 GRENADES, ALL TYPES ............................................................................................................... 6,074 6,074 023 ROCKETS, ALL TYPES .................................................................................................................. 8,117 8,117 024 ARTILLERY, ALL TYPES .............................................................................................................. 81,975 81,975 026 DEMOLITION MUNITIONS, ALL TYPES ................................................................................... 9,241 9,241 027 FUZE, ALL TYPES .......................................................................................................................... 51,071 51,071 

TOTAL—PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS ... 710,780 710,780 

OTHER PROCUREMENT, NAVY SHIPS SUPPORT EQUIPMENT OTHER SHIPBOARD EQUIPMENT 

018 UNDERWATER EOD PROGRAMS ............................................................................................... 12,040 12,040 
929 

† HR 2647 EAS 

SMALL BOATS 

025 STANDARD BOATS ......................................................................................................................... 13,000 13,000 

COMMUNICATIONS AND ELECTRONICS EQUIPMENT AVIATION ELECTRONIC EQUIPMENT 

056 MATCALS ........................................................................................................................................... 400 400 

SHIPBOARD COMMUNICATIONS 

076 SHIP COMMUNICATIONS AUTOMATION .................................................................................. 1,500 1,500

AVIATION SUPPORT EQUIPMENT AIRCRAFT SUPPORT EQUIPMENT 

092 EXPEDITIONARY AIRFIELDS ..................................................................................................... 37,345 37,345 

097 AVIATION LIFE SUPPORT ........................................................................................................... 17,883 17,883 

ORDNANCE SUPPORT EQUIPMENT OTHER ORDNANCE SUPPORT EQUIPMENT 

115 EXPLOSIVE ORDNANCE DISPOSAL EQUIP ............................................................................ 43,650 43,650 

CIVIL ENGINEERING SUPPORT EQUIPMENT 

120 PASSENGER CARRYING VEHICLES .......................................................................................... 25 25 121 GENERAL PURPOSE TRUCKS .................................................................................................... 93 93 

122 CONSTRUCTION & MAINTENANCE EQUIP ............................................................................. 11,167 11,167 124 TACTICAL VEHICLES .................................................................................................................... 54,008 54,008 127 ITEMS UNDER $5 MILLION ......................................................................................................... 10,842 10,842 128 PHYSICAL SECURITY VEHICLES .............................................................................................. 1,130 1,130 

SUPPLY SUPPORT EQUIPMENT 

129 MATERIALS HANDLING EQUIPMENT ...................................................................................... 25 25 

PERSONNEL AND COMMAND SUPPORT EQUIPMENT COMMAND SUPPORT EQUIPMENT 

134 COMMAND SUPPORT EQUIPMENT ............................................................................................ 4,000 4,000 

139 OPERATING FORCES SUPPORT EQUIPMENT ....................................................................... 15,452 15,452 140 C4ISR EQUIPMENT ......................................................................................................................... 3,100 3,100 142 PHYSICAL SECURITY EQUIPMENT .......................................................................................... 89,521 89,521 

SPARES AND REPAIR PARTS 

145 SPARES AND REPAIR PARTS ..................................................................................................... 2,837 2,837 

TOTAL—OTHER PROCUREMENT, NAVY ..................................................................... 318,018 318,018 

PROCUREMENT, MARINE CORPS WEAPONS AND COMBAT VEHICLES 
930 

† HR 2647 EAS 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

TRACKED COMBAT VEHICLES 

002 LAV PIP .............................................................................................................................................. 58,229 58,229 

ARTILLERY AND OTHER WEAPONS 

006 155MM LIGHTWEIGHT TOWED HOWITZER ........................................................................... 18 54,000 18 54,000 

008 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ................................................. 3,351 3,351 

OTHER SUPPORT 

010 MODIFICATION KITS ..................................................................................................................... 20,183 20,183 011 WEAPONS ENHANCEMENT PROGRAM ..................................................................................... 9,151 9,151

GUIDED MISSILES AND EQUIPMENT OTHER SUPPORT 

016 MODIFICATION KITS ..................................................................................................................... 8,506 8,506 

COMMUNICATIONS & ELECTRONICS EQUIPMENT REPAIR AND TEST EQUIPMENT 

018 REPAIR AND TEST EQUIPMENT ............................................................................................... 11,741 11,741 

OTHER SUPPORT (TEL) 

019 COMBAT SUPPORT SYSTEM ....................................................................................................... 462 462 

COMMAND AND CONTROL SYSTEM (NON-TEL) 

021 ITEMS UNDER $5 MILLION (COMM & ELEC) ........................................................................ 4,153 4,153 022 AIR OPERATIONS C2 SYSTEMS .................................................................................................. 3,096 3,096 

RADAR + EQUIPMENT (NON-TEL) 

023 RADAR SYSTEMS ............................................................................................................................ 3,417 3,417 

INTELL/COMM EQUIPMENT (NON-TEL) 

024 FIRE SUPPORT SYSTEM .............................................................................................................. 521 521 

025 INTELLIGENCE SUPPORT EQUIPMENT ................................................................................. 37,547 37,547 

026 RQ–11 UAV ......................................................................................................................................... 13,000 13,000 

OTHER COMM/ELEC EQUIPMENT (NON-TEL) 

027 NIGHT VISION EQUIPMENT ........................................................................................................ 12,570 12,570 

OTHER SUPPORT (NON-TEL) 

028 COMMON COMPUTER RESOURCES .......................................................................................... 23,105 23,105 

029 COMMAND POST SYSTEMS .......................................................................................................... 23,041 23,041 
931 

† HR 2647 EAS 

030 RADIO SYSTEMS ............................................................................................................................. 32,497 32,497 031 COMM SWITCHING & CONTROL SYSTEMS ............................................................................. 2,044 2,044 032 COMM & ELEC INFRASTRUCTURE SUPPORT ....................................................................... 64 64 

SUPPORT VEHICLES 

035 TACTICAL VEHICLES ............................................................................................................. 205,036 205,036 036 MOTOR TRANSPORT MODIFICATIONS .................................................................................... 10,177 10,177 037 MEDIUM TACTICAL VEHICLE REPLACEMENT .................................................................... 131,044 131,044 038 LOGISTICS VEHICLE SYSTEM REP .......................................................................................... 59,219 59,219 039 FAMILY OF TACTICAL TRAILERS ............................................................................................. 13,388 13,388 

ENGINEER AND OTHER EQUIPMENT 

042 ENVIRONMENTAL CONTROL EQUIP ASSORT ....................................................................... 5,119 5,119 043 BULK LIQUID EQUIPMENT ......................................................................................................... 4,549 4,549 

044 TACTICAL FUEL SYSTEMS .......................................................................................................... 33,421 33,421 045 POWER EQUIPMENT ASSORTED ............................................................................................... 24,860 24,860 047 EOD SYSTEMS ................................................................................................................................. 47,697 47,697 

MATERIALS HANDLING EQUIPMENT 

048 PHYSICAL SECURITY EQUIPMENT .......................................................................................... 19,720 19,720 

050 MATERIAL HANDLING EQUIP .................................................................................................... 56,875 56,875 

GENERAL PROPERTY 

053 TRAINING DEVICES ....................................................................................................................... 157,734 157,734 

055 FAMILY OF CONSTRUCTION EQUIPMENT .............................................................................. 35,818 35,818058 RAPID DEPLOYABLE KITCHEN ................................................................................................. 55 55 

OTHER SUPPORT 

059 ITEMS LESS THAN $5 MILLION ................................................................................................. 39,055 39,055 

TOTAL—PROCUREMENT, MARINE CORPS ............................................................... 1,164,445 1,164,445 AIRCRAFT PROCUREMENT, AIR FORCE AIRLIFT AIRCRAFT OTHER AIRLIFT 

006 C–130J ................................................................................................................................................. 72,000 72,000 

MODIFICATION OF IN-SERVICE AIRCRAFT STRATEGIC AIRCRAFT 

028 B–1B .................................................................................................................................................... 20,500 20,500 

TACTICAL AIRCRAFT 

030 A–10 ..................................................................................................................................................... 10,000 10,000 
932 

† HR 2647 EAS 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

032 F–16 ..................................................................................................................................................... 20,025 20,025 

AIRLIFT AIRCRAFT 

034 C–5 ....................................................................................................................................................... 57,400 57,400 

037 C–17A .................................................................................................................................................. 132,300 132,300 

OTHER AIRCRAFT 

052 C–130 ................................................................................................................................................... 210,800 210,800 

054 C–135 ................................................................................................................................................... 16,916 16,916 056 DARP ................................................................................................................................................... 10,300 10,300 063 HC/MC–130 MODIFICATIONS ....................................................................................................... 7,000 7,000 064 OTHER AIRCRAFT .......................................................................................................................... 90,000 90,000 065 MQ–1 MODS ....................................................................................................................................... 65,000 65,000 066 MQ–9 MODS ....................................................................................................................................... 99,200 –40,000 59,200 

Reflect USAF decision to change sensor payload .................................................................... [–40,000 ] 

AIRCRAFT SUPPORT EQUIPMENT AND FACILITIES POST PRODUCTION SUPPORT 

076 C–17A .................................................................................................................................................. 11,000 11,000 

OTHER PRODUCTION CHARGES 

085 OTHER PRODUCTION CHARGES ............................................................................................... 114,000 114,000 

TOTAL—AIRCRAFT PROCUREMENT, AIR FORCE ................................................. 936,441 –40,000 896,441 

PROCUREMENT OF AMMUNITION, AIR FORCE PROCUREMENT OF AMMO, AIR FORCE ROCKETS 

001 ROCKETS ........................................................................................................................................... 3,488 3,488 

CARTRIDGES 

002 CARTRIDGES .................................................................................................................................... 39,236 39,236 

BOMBS 

004 GENERAL PURPOSE BOMBS ....................................................................................................... 34,085 34,085 

005 JOINT DIRECT ATTACK MUNITION .......................................................................................... 3860 97,978 3860 97,978 
933 

† HR 2647 EAS 

FLARE, IR MJU–7B 

007 EXPLOSIVE ORDINANCE DISPOSAL (EOD) ............................................................................ 4,800 4,800 

FUZES 

011 FLARES .............................................................................................................................................. 41,000 41,000 

012 FUZES ................................................................................................................................................ 14,595 14,595 

WEAPONS SMALL ARMS 

013 SMALL ARMS .................................................................................................................................... 21,637 21,637 

TOTAL—PROCUREMENT OF AMMUNITION, AIR FORCE ................................. 256,819 256,819 MISSILE PROCUREMENT, AIR FORCE OTHER MISSILES TACTICAL 

005 PREDITOR HELLFIRE MISSILE ................................................................................................ 385 29,325 385 29,325 

006 SMALL DIAMETER BOMB ............................................................................................................ 100 7,300 100 7,300 

TOTAL—MISSILE PROCUREMENT, AIR FORCE ..................................................... 36,625 36,625 OTHER PROCUREMENT, AIR FORCE VEHICULAR EQUIPMENT CARGO + UTILITY VEHICLES 

002 MEDIUM TACTICAL VEHICLE .................................................................................................... 3,364 3,364 

SPECIAL PURPOSE VEHICLES 

004 SECURITY AND TACTICAL VEHICLES ..................................................................................... 11,337 11,337 

FIRE FIGHTING EQUIPMENT 

005 FIRE FIGHTING/CRASH RESCUE VEHICLES ........................................................................ 8,626 8,626 

ELECTRONICS AND TELECOMMUNICATIONS SPCL COMM-ELECTRONICS PROJECTS 

023 AIR FORCE PHYSICAL SECURITY SYSTEM ........................................................................... 1,600 1,600 

DISA PROGRAMS 

037 MILSATCOM SPACE ....................................................................................................................... 714 714 

OTHER BASE MAINTENANCE AND SUPPORT EQUIP PERSONAL SAFETY & RESCUE EQUIP 

047 NIGHT VISION GOGGLES ............................................................................................................. 14,528 14,528 

048 ITEMS LESS THAN $5,000,000 (SAFETY) ................................................................................. 4,900 4,900 
934 

† HR 2647 EAS 

PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Item 

FY 2010 Request Senate Change Senate Authorized 

Qty Cost Qty Cost Qty Cost 

BASE SUPPORT EQUIPMENT 

051 CONTINGENCY OPERATIONS ...................................................................................................... 11,300 11,300 

SPECIAL SUPPORT PROJECTS 

060 DEFENSE SPACE RECONNAISSANCE PROG. ......................................................................... 34,400 34,400 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 2,230,780 2,230,780 

TOTAL—OTHER PROCUREMENT, AIR FORCE ........................................................ 2,321,549 2,321,549 MINE RESISTANT AMBUSH PROT VEH FUND MINE RESISTANT AMBUSH PROT VEH FUND MINE RESISTANT AMBUSH PROT VEH FUND ..................................................................... 5,456,000 5,456,000 TOTAL—MINE RESISTANT AMBUSH PROT VEH FUND .................................... 5,456,000 5,456,000 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT MAJOR EQUIPMENT, DISA 

019 GLOBAL COMMAND AND CONTROL SYSTEM ......................................................................... 1,500 1,500 021 TELEPORT PROGRAM ................................................................................................................... 7,411 7,411 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 304,794 304,794 

SPECIAL OPERATIONS COMMAND AVIATION PROGRAMS 

052 MH–47 SERVICE LIFE EXTENSION PROGRAM ..................................................................... 5,900 5,900 057 SOF U–28 ........................................................................................................................................... 3,000 3,000 

060 MQ–1 UAV .......................................................................................................................................... 1,450 1,450 062 STUASL0 ............................................................................................................................................ 9 12,000 9 12,000 063 C–130 MODIFICATIONS ................................................................................................................. 19,500 19,500 
935 

† HR 2647 EAS 

AMMUNITION PROGRAMS 

067 SOF ORDNANCE REPLENISHMENT .......................................................................................... 51,156 51,156 

068 SOF ORDNANCE ACQUISITION ................................................................................................... 17,560 17,560 

OTHER PROCUREMENT PROGRAMS 

069 COMMUNICATIONS EQUIPMENT AND ELECTRONICS ........................................................ 2,000 2,000 070 SOF INTELLIGENCE SYSTEMS .................................................................................................. 23,260 23,260 

071 SMALL ARMS AND WEAPONS ..................................................................................................... 3,800 3,800 076 TACTICAL VEHICLES .................................................................................................................... 6,865 6,865 083 SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ..................................................... 11,000 11,000 086 SOF TACTICAL RADIO SYSTEMS ............................................................................................... 5,448 5,448 090 SOF OPERATIONAL ENHANCEMENTS ..................................................................................... 11,900 11,900 

CLASSIFIED PROGRAMS 

999 CLASSIFIED PROGRAMS .............................................................................................................. 2,886 2,886 

TOTAL—PROCUREMENT, DEFENSE-WIDE ............................................................... 491,430 491,430 Total Procurement ..................................................................................................................... 23,741,226 628,850 24,370,076 
936 

† HR 2647 EAS 

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, 

AND EVALUATION 

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, ARMY BASIC RESEARCH 

001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH ................................................................................... 19,671 19,671 

002 0601102A DEFENSE RESEARCH SCIENCES .......................................................................................................................... 173,024 5,500 178,524 

Ballistic materials research .................................................................................................................................... [3,500 ] Military operating environments research ............................................................................................................ [2,000 ] 

003 0601103A UNIVERSITY RESEARCH INITIATIVES ................................................................................................................ 88,421 4,000 92,421 

Nanocomposite materials research ......................................................................................................................... [2,000 ] Open source intelligence research ........................................................................................................................... [2,000 ] 

004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ...................................................................................... 96,144 7,700 103,844 

Advanced nanomaterials design ............................................................................................................................. [2,000 ] Electrolyte research for batteries ............................................................................................................................ [1,000 ] Immersive simulation research .............................................................................................................................. [1,200 ] Materials processing research ................................................................................................................................. [2,000 ] Structural modeling and analysis ......................................................................................................................... [1,500 ] 

SUBTOTAL, BASIC RESEARCH, ARMY ...................................................................................................... 377,260 17,200 394,460 
937 

† HR 2647 EAS 

APPLIED RESEARCH 

005 0602105A MATERIALS TECHNOLOGY ...................................................................................................................................... 27,206 23,000 50,206 

Advanced manufacturing technologies ................................................................................................................... [2,000 ] Advanced renewable jet fuels .................................................................................................................................. [4,000 ] Applied composite materials research ................................................................................................................... [3,000 ] High strength fibers for ballistic armor applications .......................................................................................... [3,000 ] Moldable fabric armor ............................................................................................................................................ [2,500 ] Nanosensor manufacturing research ...................................................................................................................... [4,000 ] Smart materials and structures ............................................................................................................................. [4,500 ] 

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY .................................................................................................. 50,641 2,500 53,141 

Nanoelectronic memory, sensor and energy devices ............................................................................................. [2,500 ] 

007 0602122A TRACTOR HIP .............................................................................................................................................................. 14,324 14,324 008 0602211A AVIATION TECHNOLOGY .......................................................................................................................................... 41,332 2,000 43,332 

Manned-unmanned aerial system teaming technologies ...................................................................................... [2,000 ] 

009 0602270A ELECTRONIC WARFARE TECHNOLOGY .............................................................................................................. 16,119 16,119 010 0602303A MISSILE TECHNOLOGY ............................................................................................................................................. 50,716 50,716 011 0602307A ADVANCED WEAPONS TECHNOLOGY ................................................................................................................... 19,678 19,678 012 0602308A ADVANCED CONCEPTS AND SIMULATION .......................................................................................................... 17,473 2,000 19,473 

Cognitive modeling and simulation research ........................................................................................................ [2,000 ] 

013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY .................................................................................... 55,937 63,000 118,937 

Advanced composite materials research ................................................................................................................ [4,000 ] Army vehicle modernization research .................................................................................................................... [25,000 ] Composite vehicle shelters ....................................................................................................................................... [2,500 ] Fuel cell APU systems ............................................................................................................................................ [3,000 ] Hybrid electric vehicle reliability research ........................................................................................................... [2,000 ] Materials research for alternative energy and transportation ............................................................................ [1,500 ] Tactical metal fabrication program ...................................................................................................................... [3,000 ] Tribology research ................................................................................................................................................... [2,000 ] Vehicle systems engineering and integration activities ........................................................................................ [20,000 ] 

014 0602618A BALLISTICS TECHNOLOGY ...................................................................................................................................... 61,843 26,000 87,843 

Army vehicle survivability research ...................................................................................................................... [25,000 ] Electromagnetic gun ............................................................................................................................................... [–2,000 ] Reactive armor research ......................................................................................................................................... [3,000 ] 

015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY ........................................................... 5,293 5,293 016 0602623A JOINT SERVICE SMALL ARMS PROGRAM ........................................................................................................... 7,674 7,674 017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ........................................................................................................ 41,085 9,000 50,085 
938 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

Acoustic gun detection systems .............................................................................................................................. [2,000 ] Acoustic research ..................................................................................................................................................... [3,000 ] UGV weaponization ................................................................................................................................................ [4,000 ] 

018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ...................................................................................................... 61,404 6,000 67,404 

Hybrid battery systems ........................................................................................................................................... [2,500 ] Hybrid portable power program ............................................................................................................................ [3,500 ] 

019 0602709A NIGHT VISION TECHNOLOGY ................................................................................................................................. 26,893 26,893 020 0602712A COUNTERMINE SYSTEMS ........................................................................................................................................ 18,945 18,945 021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ............................................................................................. 18,605 18,605 022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ........................................................................................................ 15,902 15,902 023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ............................................................................. 24,833 24,833 024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ...................................................................................................... 5,639 5,639 025 0602784A MILITARY ENGINEERING TECHNOLOGY ............................................................................................................ 54,818 8,500 63,318 

Ballistic materials for force protection .................................................................................................................. [3,000 ] Critical infrastructure monitoring and protection research ................................................................................ [3,500 ] Geosciences research ................................................................................................................................................ [2,000 ] 

026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY ........................................................................................ 18,701 18,701 027 0602786A WARFIGHTER TECHNOLOGY .................................................................................................................................. 27,109 8,500 35,609 

Airbeam shelter protection systems ........................................................................................................................ [3,000 ] Enhanced ballistic protection research .................................................................................................................. [3,000 ] Thermal resistant fiber research ............................................................................................................................ [2,500 ] 

028 0602787A MEDICAL TECHNOLOGY ........................................................................................................................................... 99,027 26,500 125,527 

Bioengineering research .......................................................................................................................................... [2,500 ] Biomechanics research ............................................................................................................................................ [3,500 ] Blast protection for ground soldiers ...................................................................................................................... [2,000 ] Blast wave modeling ............................................................................................................................................... [3,000 ] Dengue fever research .............................................................................................................................................. [2,000 ] Hemorrhage research ............................................................................................................................................... [3,000 ] Malaria vaccine development ................................................................................................................................. [2,500 ] Nanomaterials for biological processes .................................................................................................................. [2,000 ] Neurotrauma research ............................................................................................................................................. [3,500 ] 
939 

† HR 2647 EAS 

Secondary trauma research .................................................................................................................................... [2,500 ] 

SUBTOTAL, APPLIED RESEARCH, ARMY ................................................................................................ 781,197 177,000 958,197 

ADVANCED TECHNOLOGY DEVELOPMENT 

029 0603001A WARFIGHTER ADVANCED TECHNOLOGY ........................................................................................................... 37,574 37,574 

030 0603002A MEDICAL ADVANCED TECHNOLOGY .................................................................................................................... 72,940 38,000 110,940 

Biosensor controller systems development ............................................................................................................. [2,000 ] Body temperature conditioner systems .................................................................................................................. [2,500 ] Gulf War illness research ........................................................................................................................................ [12,000 ] Integrated medical technology program ................................................................................................................ [7,500 ] Lower limb prosthetics research ............................................................................................................................. [2,000 ] Prosthetics technology transition ........................................................................................................................... [8,000 ] Regenerative medical research ................................................................................................................................ [4,000 ] 

031 0603003A AVIATION ADVANCED TECHNOLOGY ................................................................................................................... 60,097 19,750 79,847 

Advanced Affordable Turbine Engine Program ................................................................................................... [4,000 ] Advanced ultrasonic inspections ............................................................................................................................ [2,000 ] Aviation weapons technology integration ............................................................................................................. [2,000 ] Full authority digital engine control systems ....................................................................................................... [5,000 ] Heavy fuel UAV propulsion systems ..................................................................................................................... [3,000 ] Integration facility enterprise resource planning system .................................................................................... [3,750 ] 

032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ................................................................................. 66,410 –4,500 61,910 

Electromagnetic gun ............................................................................................................................................... [–11,500 ] Lightweight advanced metals program ................................................................................................................. [3,000 ] Nanotechnology manufacturing research ............................................................................................................... [4,000 ] 

033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY ............................................................. 89,586 183,100 272,686 

Advanced APU development ................................................................................................................................... [6,000 ] Advanced battery development program ............................................................................................................... [20,000 ] Advanced lithium ion battery systems .................................................................................................................. [3,000 ] Advanced suspension systems for heavy vehicles .................................................................................................. [3,500 ] Advanced thermal management systems ............................................................................................................... [5,500 ] Alternative energy research .................................................................................................................................... [20,000 ] Applied power management controls ..................................................................................................................... [3,000 ] Army vehicle modernization technologies .............................................................................................................. [50,000 ] Dynamometer facility upgrade .............................................................................................................................. [4,000 ] Electric drive advanced tactical wheeled armored vehicle system ....................................................................... [5,500 ] 
940 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

Fuel cell unmanned robotic system ........................................................................................................................ [4,500 ] Ground robotics reliability research ...................................................................................................................... [2,000 ] Heavy fuel engines for unmanned ground vehicles .............................................................................................. [2,500 ] Hybrid blast protected vehicle technologies ........................................................................................................... [4,000 ] Hybrid engine development program .................................................................................................................... [8,000 ] Hybrid truck development ...................................................................................................................................... [4,000 ] Hydraulic hybrid vehicles for the tactical wheeled fleet ...................................................................................... [3,000 ] Next generation superchargers for military engines ............................................................................................ [3,000 ] Silicon carbide electronics for ground vehicles ..................................................................................................... [2,500 ] Simulations for vehicle reliability and performance ........................................................................................... [2,000 ] Smart plug-in hybrid electric vehicle program .................................................................................................... [4,100 ] Threat cue research ................................................................................................................................................. [2,000 ] Tire development for JLTV program .................................................................................................................... [1,500 ] Unmanned ground vehicle initiative ..................................................................................................................... [12,000 ] Vehicle autonomy research ...................................................................................................................................... [1,500 ] Vehicle prognostics technologies .............................................................................................................................. [4,000 ] Water analysis technologies .................................................................................................................................... [2,000 ] 

034 0603006A COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY ...................................................... 8,667 8,667 

035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY ...................................................... 7,410 7,410 036 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY ....................................................................................... 50,458 50,458 037 0603009A TRACTOR HIKE ........................................................................................................................................................... 11,328 11,328 038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS ............................................................................ 19,415 7,000 26,415 

Combat medic training systems ............................................................................................................................. [2,500 ] Joint Fires & Effects Trainer System enhancements .......................................................................................... [4,500 ] 

039 0603020A TRACTOR ROSE ........................................................................................................................................................... 14,569 14,569 040 0603103A EXPLOSIVES DEMILITARIZATION TECHNOLOGY 041 0603105A MILITARY HIV RESEARCH ...................................................................................................................................... 6,657 6,657 042 0603125A COMBATING TERRORISM, TECHNOLOGY DEVELOPMENT ........................................................................... 11,989 3,500 15,489 

Mid-sized unmanned ground vehicle ..................................................................................................................... [3,500 ] 

043 0603270A ELECTRONIC WARFARE TECHNOLOGY .............................................................................................................. 19,192 2,000 21,192 

Laser systems for light aircraft missile defense .................................................................................................... [2,000 ] 
941 

† HR 2647 EAS 

044 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY .......................................................................................... 63,951 3,000 66,951 

Discriminatory imaging research .......................................................................................................................... [3,000 ] 

045 0603322A TRACTOR CAGE ........................................................................................................................................................... 12,154 12,154 046 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY .............................................................. 30,317 30,317 047 0603607A JOINT SERVICE SMALL ARMS PROGRAM ........................................................................................................... 8,996 8,996 048 0603710A NIGHT VISION ADVANCED TECHNOLOGY .......................................................................................................... 40,329 5,000 45,329 

Bradley third generation FLIR ............................................................................................................................. [5,000 ] 

049 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS ................................................................. 15,706 15,706 050 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY ..................................................................................... 5,911 8,500 14,411 

Permafrost tunnel .................................................................................................................................................... [500 ] Photovoltaic technology development ..................................................................................................................... [8,000 ] 

051 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY ............................................. 41,561 4,000 45,561 

Wideband digital airborne electronic sensing array ............................................................................................ [4,000 ] 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, ARMY .............................................. 695,217 269,350 964,567 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

052 0603024A UNIQUE ITEM IDENTIFICATION (UID) 053 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION (NON SPACE) ............................................................ 14,683 14,683 

054 0603308A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION (SPACE) ...................................................................... 117,471 117,471 055 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING ................................................................................. 209,531 12,500 222,031 

Adaptive robotic technology .................................................................................................................................... [3,500 ] Advanced electronics integration ........................................................................................................................... [4,000 ] Advanced environmental controls .......................................................................................................................... [5,000 ] 

056 0603460A JOINT AIR-TO-GROUND MISSILE (JAGM) 057 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ............................................................................................ 17,536 17,536 058 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ADV DEV ............................................................... 4,920 4,920 059 0603639A TANK AND MEDIUM CALIBER AMMUNITION .................................................................................................... 33,934 33,934 060 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ................................................................................................ 90,299 50,000 140,299 

Advanced Tank Armament Systems ...................................................................................................................... [50,000 ] 

061 0603747A SOLDIER SUPPORT AND SURVIVABILITY .......................................................................................................... 31,752 31,752 062 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV .................................................................... 18,228 18,228 063 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 064 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY ........................................................................................................ 4,770 4,770 065 0603782A WARFIGHTER INFORMATION NETWORK—TACTICAL .................................................................................... 180,673 180,673 066 0603790A NATO RESEARCH AND DEVELOPMENT .............................................................................................................. 5,048 5,048 
942 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

067 0603801A AVIATION—ADV DEV ................................................................................................................................................. 8,537 50,000 58,537 

Joint Future Theater Lift ...................................................................................................................................... [50,000 ] 

068 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ..................................................................................... 56,373 –10,000 46,373 

Premature JLTV program growth ......................................................................................................................... [–10,000 ] 

069 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM EVALUATION AND ANALYSIS ................................... 9,868 9,868 070 0603807A MEDICAL SYSTEMS—ADV DEV .............................................................................................................................. 31,275 31,275 071 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ........................................................................................... 71,832 71,832 072 0603850A INTEGRATED BROADCAST SERVICE ................................................................................................................... 1,476 1,476 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, ARMY ........... 908,206 102,500 1,010,706 SYSTEM DEVELOPMENT & DEMONSTRATION 

073 0604201A AIRCRAFT AVIONICS .................................................................................................................................................. 92,977 92,977 

074 0604220A ARMED, DEPLOYABLE HELOS ............................................................................................................................... 65,515 65,515 075 0604270A ELECTRONIC WARFARE DEVELOPMENT ........................................................................................................... 248,463 248,463 076 0604321A ALL SOURCE ANALYSIS SYSTEM .......................................................................................................................... 13,107 13,107 077 0604328A TRACTOR CAGE ........................................................................................................................................................... 16,286 16,286 078 0604601A INFANTRY SUPPORT WEAPONS ............................................................................................................................. 74,814 8,000 82,814 

Lightweight caliber .50 machine gun .................................................................................................................... [5,000 ] Next generation helmet ballistic materials technology ......................................................................................... [3,000 ] 

079 0604604A MEDIUM TACTICAL VEHICLES .............................................................................................................................. 5,683 10,000 15,683 

Medium tactical vehicle development .................................................................................................................... [10,000 ] 

080 0604609A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—SDD ........................................................................ 978 978 081 0604622A FAMILY OF HEAVY TACTICAL VEHICLES .......................................................................................................... 7,477 10,000 17,477 

Heavy tactical vehicle development ....................................................................................................................... [10,000 ] 

082 0604633A AIR TRAFFIC CONTROL ............................................................................................................................................ 7,578 7,578 083 0604646A NON-LINE OF SIGHT LAUNCH SYSTEM .............................................................................................................. 88,660 88,660 084 0604647A NON-LINE OF SIGHT CANNON ................................................................................................................................ 58,216 –58,216 

Excess termination costs ......................................................................................................................................... [–58,216 ] 

085 0604660A FCS MANNED GRD VEHICLES & COMMON GRD VEHICLE ........................................................................... 368,557 –323,557 45,000 

Excess termination costs ......................................................................................................................................... [–323,557 ] 
943 

† HR 2647 EAS 

086 0604661A FCS SYSTEMS OF SYSTEMS ENGR & PROGRAM MGMT ................................................................................. 1,067,191 1,067,191 087 0604662A FCS RECONNAISSANCE (UAV) PLATFORMS ....................................................................................................... 68,701 68,701 088 0604663A FCS UNMANNED GROUND VEHICLES .................................................................................................................. 125,616 125,616 089 0604664A FCS UNATTENDED GROUND SENSORS ............................................................................................................... 26,919 26,919 090 0604665A FCS SUSTAINMENT & TRAINING R&D ................................................................................................................. 749,182 749,182 091 0604666A SPIN OUT TECHNOLOGY/CAPABILITY INSERTION 092 0604710A NIGHT VISION SYSTEMS—SDD .............................................................................................................................. 55,410 55,410 093 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT .......................................................................................... 2,092 2,092 094 0604715A NON-SYSTEM TRAINING DEVICES—SDD ............................................................................................................ 30,209 3,000 33,209 

Urban training development .................................................................................................................................. [3,000 ] 

095 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—SDD .............................................................. 28,936 28,936 096 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ............................................................................. 33,213 33,213 097 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ............................................................................................. 15,320 15,320 098 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—SDD ........................................................................... 15,727 15,727 099 0604778A POSITIONING SYSTEMS DEVELOPMENT (SPACE) ........................................................................................... 9,446 9,446 100 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ..................................................................................... 26,243 26,243 101 0604783A JOINT NETWORK MANAGEMENT SYSTEM 102 0604802A WEAPONS AND MUNITIONS—SDD ........................................................................................................................ 34,878 7,500 42,378 

Common guidance control module ......................................................................................................................... [7,500 ] 

103 0604804A LOGISTICS AND ENGINEER EQUIPMENT—SDD .............................................................................................. 36,018 36,018 104 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—SDD ......................................................................... 88,995 88,995 105 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—SDD ......................................... 33,893 33,893 106 0604808A LANDMINE WARFARE/BARRIER—SDD ................................................................................................................ 82,260 82,260 107 0604814A ARTILLERY MUNITIONS ........................................................................................................................................... 42,452 42,452 108 0604817A COMBAT IDENTIFICATION ....................................................................................................................................... 20,070 20,070 109 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE ....................................................... 90,864 90,864 110 0604820A RADAR DEVELOPMENT 111 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) ...................................................................... 6,002 6,002 112 0604823A FIREFINDER ................................................................................................................................................................. 20,333 20,333 113 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL .......................................................................................................... 19,786 19,786 114 0604854A ARTILLERY SYSTEMS ............................................................................................................................................... 23,318 58,216 81,534 

Accelerate Paladin integration management ........................................................................................................ [58,216 ] 

115 0604869A PATRIOT/MEADS COMBINED AGGREGATE PROGRAM (CAP) ....................................................................... 569,182 569,182 116 0604870A NUCLEAR ARMS CONTROL MONITORING SENSOR NETWORK .................................................................... 7,140 7,140 117 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ................................................................................................. 35,309 35,309 118 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ........................................................................................................... 127,439 127,439 
944 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

119 0605625A MANNED GROUND VEHICLE ................................................................................................................................... 100,000 100,000 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, ARMY ....................................... 4,640,455 –285,057 4,355,398 RDT&E MANAGEMENT SUPPORT 

120 0604256A THREAT SIMULATOR DEVELOPMENT ................................................................................................................. 22,222 22,222 

121 0604258A TARGET SYSTEMS DEVELOPMENT ...................................................................................................................... 13,615 13,615 122 0604759A MAJOR T&E INVESTMENT ....................................................................................................................................... 51,846 51,846 123 0605103A RAND ARROYO CENTER ............................................................................................................................................ 16,305 16,305 124 0605301A ARMY KWAJALEIN ATOLL ....................................................................................................................................... 163,514 163,514 125 0605326A CONCEPTS EXPERIMENTATION PROGRAM ....................................................................................................... 23,445 23,445 126 0605502A SMALL BUSINESS INNOVATIVE RESEARCH 127 0605601A ARMY TEST RANGES AND FACILITIES ............................................................................................................... 354,693 25,600 380,293 

Program increase ............................................................................................................................................................. [25,600 ] 

128 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS .................................................................... 72,911 10,000 82,911 

Common regional operational systems .................................................................................................................. [3,000 ] Data fusion systems ................................................................................................................................................ [2,500 ] Dugway field test improvements ............................................................................................................................ [4,500 ] 

129 0605604A SURVIVABILITY/LETHALITY ANALYSIS .............................................................................................................. 45,016 45,016 130 0605605A DOD HIGH ENERGY LASER TEST FACILITY ..................................................................................................... 2,891 6,000 8,891 

Program increase .................................................................................................................................................... [6,000 ] 

131 0605606A AIRCRAFT CERTIFICATION ..................................................................................................................................... 3,766 3,766 132 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES .................................................................................. 8,391 8,391 133 0605706A MATERIEL SYSTEMS ANALYSIS ............................................................................................................................ 19,969 19,969 134 0605709A EXPLOITATION OF FOREIGN ITEMS .................................................................................................................... 5,432 5,432 135 0605712A SUPPORT OF OPERATIONAL TESTING ................................................................................................................ 77,877 77,877 136 0605716A ARMY EVALUATION CENTER .................................................................................................................................. 66,309 66,309 137 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ....................................................................... 5,357 5,357 138 0605801A PROGRAMWIDE ACTIVITIES ................................................................................................................................... 77,823 77,823 139 0605803A TECHNICAL INFORMATION ACTIVITIES ............................................................................................................. 51,620 51,620 140 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY ............................................................. 45,053 2,200 47,253 
945 

† HR 2647 EAS 

3D woven preform technology for Army munitions ............................................................................................. [2,200 ] 

141 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ...................................................................... 5,191 5,191 142 0605898A MANAGEMENT HQ—R&D ......................................................................................................................................... 15,866 15,866 143 0909999A FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT, ARMY .................................................................... 1,149,112 43,800 1,192,912 

OPERATIONAL SYSTEMS DEVELOPMENT 

144 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ...................................................................................................... 27,693 27,693 

145 0603820A WEAPONS CAPABILITY MODIFICATIONS UAV 146 0102419A AEROSTAT JOINT PROJECT OFFICE .................................................................................................................... 360,076 –20,000 340,076 

Program delay reduction ........................................................................................................................................ [–20,000 ] 

147 0203726A ADV FIELD ARTILLERY TACTICAL DATA SYSTEM ......................................................................................... 23,727 23,727 148 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ............................................................................................... 190,301 190,301 149 0203740A MANEUVER CONTROL SYSTEM .............................................................................................................................. 21,394 21,394 150 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS ......................................................... 209,401 209,401 151 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...................................................................... 792 792 152 0203758A DIGITIZATION .............................................................................................................................................................. 10,692 10,692 153 0203759A FORCE XXI BATTLE COMMAND, BRIGADE AND BELOW (FBCB2) 154 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM .................................................................... 39,273 39,273 155 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS .............................................................................. 5,000 5,000 

TOW LBS ................................................................................................................................................................ [5,000 ] 

156 0203808A TRACTOR CARD ........................................................................................................................................................... 20,035 20,035 157 0208010A JOINT TACTICAL COMMUNICATIONS PROGRAM (TRI–TAC) 158 0208053A JOINT TACTICAL GROUND SYSTEM ..................................................................................................................... 13,258 –13,258 

Joint Tactical Ground System ............................................................................................................................... [–13,258 ] 

159 0208058A JOINT HIGH SPEED VESSEL (JHSV) ................................................................................................................... 3,082 3,082 160 0301359A SPECIAL ARMY PROGRAM ....................................................................................................................................... [ ] [ ] 161 0303028A SECURITY AND INTELLIGENCE ACTIVITIES .................................................................................................... 2,144 5,000 7,144 

Collection management tools .................................................................................................................................. [5,000 ] 

162 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ............................................................................................... 74,355 74,355 163 0303141A GLOBAL COMBAT SUPPORT SYSTEM ................................................................................................................... 144,733 144,733 164 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ....................................................................................................... 40,097 40,097 165 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM .................................................................................. 12,034 12,034 166 0303158A JOINT COMMAND AND CONTROL PROGRAM (JC2) .......................................................................................... 20,365 20,365 167 0305204A TACTICAL UNMANNED AERIAL VEHICLES ........................................................................................................ 202,521 86,000 288,521 
946 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

A160 Afghanistan deployment ............................................................................................................................... [86,000 ] 

168 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................. 188,414 188,414 169 0305287A BASE EXPED TARGETING SURVEILLANCE SYS—COMBINED 170 0307207A AERIAL COMMON SENSOR (ACS) ........................................................................................................................... 210,035 210,035 171 0702239A AVIONICS COMPONENT IMPROVEMENT PROGRAM 172 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ................................................................................. 68,466 37,250 105,716 

Combat vehicle manufacturing technology ............................................................................................................ [30,000 ] Manufacturing metrology research ........................................................................................................................ [2,750 ] Smart machine platform initiative ....................................................................................................................... [2,000 ] Weapon systems repair technologies ...................................................................................................................... [2,500 ] 

999 9999999 OTHER PROGRAMS .................................................................................................................................................... 3,883 3,883 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, ARMY ................................................. 1,886,771 99,992 1,986,763 TOTAL, RDT&E ARMY ......................................................................................................................................... 10,438,218 424,785 10,863,003 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, NAVY BASIC RESEARCH 

001 0601103N UNIVERSITY RESEARCH INITIATIVES ................................................................................................................ 99,472 2,000 101,472 

Blast and impact resistant structures ................................................................................................................... [2,000 ] 

002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH ................................................................................... 18,076 1,000 19,076 

S&T educational outreach ...................................................................................................................................... [1,000 ] 

003 0601153N DEFENSE RESEARCH SCIENCES .......................................................................................................................... 413,743 2,000 415,743 

Nanoscale research program ................................................................................................................................... [2,000 ] 

SUBTOTAL, BASIC RESEARCH, NAVY ....................................................................................................... 531,291 5,000 536,291 APPLIED RESEARCH 

004 0602114N POWER PROJECTION APPLIED RESEARCH ...................................................................................................... 59,787 3,000 62,787 
947 

† HR 2647 EAS 

Energetics research .................................................................................................................................................. [3,000 ] 

005 0602123N FORCE PROTECTION APPLIED RESEARCH ....................................................................................................... 91,400 32,000 123,400 

Alternative energy research .................................................................................................................................... [20,000 ] Energy systems integration research ..................................................................................................................... [4,000 ] Port security technologies ....................................................................................................................................... [3,500 ] Reconfigurable shipboard power systems .............................................................................................................. [2,500 ] SOF combatant research ........................................................................................................................................ [2,000 ] 

006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ............................................................................................ 39,308 39,308 007 0602234N MATERIALS, ELECTRONICS AND COMPUTER TECHNOLOGY 008 0602235N COMMON PICTURE APPLIED RESEARCH ........................................................................................................... 83,163 83,163 009 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ...................................................................................... 104,169 5,000 109,169 

Anti-reverse engineering technologies .................................................................................................................... [1,000 ] Asset lifecycle program ........................................................................................................................................... [4,000 ] 

010 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH .................................................................................... 64,816 3,000 67,816 

Photonic digital radar systems .............................................................................................................................. [3,000 ] 

011 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH ..................................................................... 48,750 5,500 54,250 

Advanced UUV research ......................................................................................................................................... [3,500 ] Laser underwater imaging and communications research .................................................................................. [2,000 ] 

012 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ................................................................................... 6,008 6,008 013 0602747N UNDERSEA WARFARE APPLIED RESEARCH .................................................................................................... 55,694 3,750 59,444 

Littoral glider systems ............................................................................................................................................ [3,000 ] Quiet power technologies ......................................................................................................................................... [750 ] 

014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH .................................................................... 40,880 2,000 42,880 

Electromagnetic signature assessment system ....................................................................................................... [2,000 ] 

SUBTOTAL, APPLIED RESEARCH, NAVY ................................................................................................ 593,975 54,250 648,225 ADVANCED TECHNOLOGY DEVELOPMENT 

015 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ............................................................................................. 107,969 4,000 111,969 

Mobile target tracking technologies ........................................................................................................................ [4,000 ] 

016 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ............................................................................................. 66,035 8,000 74,035 

Advanced coatings for aviation components ......................................................................................................... [3,000 ] Single generator operations lithium ion battery .................................................................................................. [5,000 ] 

017 0603235N COMMON PICTURE ADVANCED TECHNOLOGY .................................................................................................. 108,394 –59,100 49,294 

High-integrity GPS ................................................................................................................................................ [–59,100 ] 

018 0603236N WARFIGHTER SUSTAINMENT ADVANCED TECHNOLOGY ............................................................................. 86,239 86,239 
948 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

019 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ........................................................................... 65,827 65,827 020 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) .......................................................................... 107,363 9,500 116,863 

Acoustic combat sensors .......................................................................................................................................... [7,500 ] Unmanned vehicle conversion kits ......................................................................................................................... [2,000 ] 

021 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT ................................................................. 10,998 10,998 022 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ................................................................................ 18,609 18,609 023 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY ........................................................................................... 68,037 68,037 024 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS ................................................................... 52,643 52,643 025 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY .......................................................... 28,782 28,782 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, NAVY ............................................... 720,896 –37,600 683,296 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

026 0603207N AIR/OCEAN TACTICAL APPLICATIONS ................................................................................................................. 116,082 1,400 117,482 

Semi-submersible for UUV sensor developments ................................................................................................... [1,400 ] 

027 0603216N AVIATION SURVIVABILITY ....................................................................................................................................... 6,505 6,505 028 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL .............................................................................................. 6,032 6,032 029 0603254N ASW SYSTEMS DEVELOPMENT .............................................................................................................................. 16,585 4,000 20,585 

Sonobuoy wave energy module ............................................................................................................................... [4,000 ] 

030 0603261N TACTICAL AIRBORNE RECONNAISSANCE .......................................................................................................... 7,713 7,713 031 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY .................................................................................................. 1,677 1,677 032 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES .................................................................. 76,739 76,739 033 0603506N SURFACE SHIP TORPEDO DEFENSE ................................................................................................................... 57,538 57,538 034 0603512N CARRIER SYSTEMS DEVELOPMENT .................................................................................................................... 173,594 173,594 035 0603513N SHIPBOARD SYSTEM COMPONENT DEVELOPMENT ....................................................................................... 1,691 9,300 10,991 

DDG–51 hybrid propulsion system ....................................................................................................................... [9,300 ] 

036 0603525N PILOT FISH ................................................................................................................................................................... 79,194 79,194 037 0603527N RETRACT LARCH ........................................................................................................................................................ 99,757 99,757 038 0603536N RETRACT JUNIPER .................................................................................................................................................... 120,752 120,752 039 0603542N RADIOLOGICAL CONTROL ........................................................................................................................................ 1,372 1,372 040 0603553N SURFACE ASW ............................................................................................................................................................. 21,995 21,995 
949 

† HR 2647 EAS 

041 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT .......................................................................................... 551,836 551,836 042 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS .................................................................................................... 10,172 10,172 043 0603563N SHIP CONCEPT ADVANCED DESIGN .................................................................................................................... 22,541 5,820 28,361 

Remote monitoring & troubleshooting project ...................................................................................................... [5,820 ] 

044 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ............................................................................... 28,135 28,135 045 0603570N ADVANCED NUCLEAR POWER SYSTEMS ............................................................................................................ 259,887 259,887 046 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ................................................................................................... 5,599 5,599 047 0603576N CHALK EAGLE ............................................................................................................................................................. 443,555 443,555 048 0603581N LITTORAL COMBAT SHIP (LCS) ............................................................................................................................. 360,518 360,518 049 0603582N COMBAT SYSTEM INTEGRATION ........................................................................................................................... 22,558 22,558 050 0603609N CONVENTIONAL MUNITIONS ................................................................................................................................... 3,458 3,458 051 0603611M MARINE CORPS ASSAULT VEHICLES .................................................................................................................. 293,466 293,466 052 0603612M USMC MINE COUNTERMEASURES SYSTEMS—ADV DEV 053 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM .................................................................................. 73,798 –7,500 66,298 

Model-based management decision tools ................................................................................................................ [4,500 ] Premature JLTV program growth ......................................................................................................................... [–12,000 ] 

054 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ............................................................................ 21,054 21,054 055 0603658N COOPERATIVE ENGAGEMENT ................................................................................................................................ 56,586 56,586 056 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT .................................................................................. 17,328 17,328 057 0603721N ENVIRONMENTAL PROTECTION ............................................................................................................................ 20,661 20,661 058 0603724N NAVY ENERGY PROGRAM ......................................................................................................................................... 8,476 1,774 10,250 

Fuel cell and hydrogen generation technologies .................................................................................................... [2,500 ] Molten carbonate fuel cell demonstrator ................................................................................................................ [3,000 ] Solar heat reflective film development ................................................................................................................... [4,750 ] Unjustified request .................................................................................................................................................. [–8,476 ] 

059 0603725N FACILITIES IMPROVEMENT .................................................................................................................................... 4,002 4,002 060 0603734N CHALK CORAL ............................................................................................................................................................. 70,772 70,772 061 0603739N NAVY LOGISTIC PRODUCTIVITY ............................................................................................................................ 4,301 5,000 9,301 

Highly integrated optical interconnects for advanced air vehicles ..................................................................... [4,000 ] RFID technology exploitation ................................................................................................................................ [1,000 ] 

062 0603746N RETRACT MAPLE ........................................................................................................................................................ 210,237 210,237 063 0603748N LINK PLUMERIA ......................................................................................................................................................... 69,313 69,313 064 0603751N RETRACT ELM ............................................................................................................................................................. 152,151 152,151 065 0603755N SHIP SELF DEFENSE ................................................................................................................................................ 6,960 6,960 066 0603764N LINK EVERGREEN ...................................................................................................................................................... 123,660 123,660 067 0603787N SPECIAL PROCESSES ................................................................................................................................................ 54,115 54,115 
950 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

068 0603790N NATO RESEARCH AND DEVELOPMENT .............................................................................................................. 10,194 10,194 069 0603795N LAND ATTACK TECHNOLOGY ................................................................................................................................. 1,238 1,238 070 0603851M NONLETHAL WEAPONS ............................................................................................................................................. 46,971 46,971 071 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS .............................................................................. 150,304 150,304 072 0603879N SINGLE INTEGRATED AIR PICTURE (SIAP) SYSTEM ENGINEER (SE) .................................................... 52,716 52,716 073 0603889N COUNTERDRUG RDT&E PROJECTS 074 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ............................................................................. 5,003 5,003 075 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) ......................................... 63,702 63,702 076 0604450N JOINT AIR-TO-GROUND MISSILE (JAGM) 077 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW) ................................... 67,843 67,843 078 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM .......................................................................... 40,926 40,926 079 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT ................... 42,533 42,533 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, NAVY ........... 4,163,795 19,794 4,183,589 

SYSTEM DEVELOPMENT & DEMONSTRATION 

080 0604212N OTHER HELO DEVELOPMENT ............................................................................................................................... 54,092 54,092 

081 0604214N AV–8B AIRCRAFT—ENG DEV ................................................................................................................................... 20,886 20,886 082 0604215N STANDARDS DEVELOPMENT .................................................................................................................................. 53,540 53,540 083 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT .......................................................................... 81,953 81,953 084 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ............................................................................................................. 7,485 7,485 085 0604221N P–3 MODERNIZATION PROGRAM ........................................................................................................................... 3,659 3,659 086 0604230N WARFARE SUPPORT SYSTEM ................................................................................................................................. 6,307 6,307 087 0604231N TACTICAL COMMAND SYSTEM ................................................................................................................................ 86,462 86,462 088 0604234N ADVANCED HAWKEYE ............................................................................................................................................... 364,557 364,557 089 0604245N H–1 UPGRADES ........................................................................................................................................................... 32,830 32,830 090 0604261N ACOUSTIC SEARCH SENSORS ................................................................................................................................ 56,369 56,369 091 0604262N V–22A ............................................................................................................................................................................... 89,512 89,512 092 0604264N AIR CREW SYSTEMS DEVELOPMENT .................................................................................................................. 14,265 14,265 093 0604269N EA–18 ............................................................................................................................................................................... 55,446 55,446 094 0604270N ELECTRONIC WARFARE DEVELOPMENT ........................................................................................................... 97,635 97,635 
951 

† HR 2647 EAS 

095 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ...................................................................................................... 85,240 85,240 096 0604274N NEXT GENERATION JAMMER (NGJ) ..................................................................................................................... 127,970 127,970 097 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS–NAVY) ................................................................................. 876,374 876,374 098 0604300N SC–21 TOTAL SHIP SYSTEM ENGINEERING 099 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ............................................................................ 178,459 178,459 100 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ............................................................................................................. 5,304 5,304 101 0604329N SMALL DIAMETER BOMB (SDB) ............................................................................................................................ 43,902 43,902 102 0604366N STANDARD MISSILE IMPROVEMENTS ................................................................................................................. 182,197 182,197 103 0604373N AIRBORNE MCM ........................................................................................................................................................... 48,712 48,712 104 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING ................................ 11,727 11,727 105 0604501N ADVANCED ABOVE WATER SENSORS .................................................................................................................. 236,078 50,000 286,078 

Mobile maritime sensor technology development .................................................................................................. [50,000 ] 

106 0604503N SSN–688 AND TRIDENT MODERNIZATION .......................................................................................................... 122,733 5,000 127,733 

SSN Communications ............................................................................................................................................. [5,000 ] 

107 0604504N AIR CONTROL ............................................................................................................................................................... 6,533 6,533 108 0604512N SHIPBOARD AVIATION SYSTEMS .......................................................................................................................... 80,623 80,623 109 0604518N COMBAT INFORMATION CENTER CONVERSION ............................................................................................... 13,305 13,305 110 0604558N NEW DESIGN SSN ....................................................................................................................................................... 154,756 11,000 165,756 

Common command & control system module ....................................................................................................... [9,000 ] 

Mold-in-place coating development ........................................................................................................................ [2,000 ] 

111 0604561N SSN–21 DEVELOPMENTS 112 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ...................................................................................................... 59,703 13,000 72,703 

Artificial Intelligence-based combat system kernel ............................................................................................... [5,000 ] Submarine environment for evaluation & development ...................................................................................... [4,000 ] Weapon acquisition & firing system ..................................................................................................................... [4,000 ] 

113 0604567N SHIP CONTRACT DESIGN/LIVE FIRE T&E ......................................................................................................... 89,988 2,000 91,988 

Automated fiber optic manufacturing ................................................................................................................... [2,000 ] 

114 0604574N NAVY TACTICAL COMPUTER RESOURCES ......................................................................................................... 4,620 4,620 115 0604601N MINE DEVELOPMENT ................................................................................................................................................ 2,249 2,249 116 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ........................................................................................................ 21,105 21,105 117 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ............................................................................ 10,327 10,327 118 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS ................................................................. 5,898 5,898 119 0604727N JOINT STANDOFF WEAPON SYSTEMS ................................................................................................................. 10,022 10,022 120 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ................................................................................................... 35,459 5,000 40,459 

AUSV ....................................................................................................................................................................... [5,000 ] 

121 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) .................................................................................................. 34,236 12,000 46,236 
952 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

Phalanx Next Generation ....................................................................................................................................... [12,000 ] 

122 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ............................................................................................ 88,895 9,000 97,895 

NULKA decoy R&D ............................................................................................................................................... [9,000 ] 

123 0604761N INTELLIGENCE ENGINEERING .............................................................................................................................. 14,438 14,438 124 0604771N MEDICAL DEVELOPMENT ........................................................................................................................................ 9,888 10,500 20,388 

Composite tissue transplantation research ............................................................................................................ [2,000 ] Custom body implant development ........................................................................................................................ [2,000 ] Multivalent dengue vaccine program ..................................................................................................................... [3,500 ] Orthopedic surgery instrumentation ..................................................................................................................... [3,000 ] 

125 0604777N NAVIGATION/ID SYSTEM .......................................................................................................................................... 63,184 63,184 126 0604784N DISTRIBUTED SURVEILLANCE SYSTEM 127 0604800N JOINT STRIKE FIGHTER (JSF) .............................................................................................................................. 1,741,296 141,450 1,882,746 

F136 development .................................................................................................................................................... [219,450 ] Excess management reserves ................................................................................................................................... [–78,000 ] 

128 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ................................................................................................. 9,868 9,868 129 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ................................................................................................. 69,026 12,000 81,026 

Information systems research ................................................................................................................................. [7,000 ] Integrated network-centric technology systems ..................................................................................................... [5,000 ] 

130 0605212N CH–53K RDTE ............................................................................................................................................................... 554,827 554,827 131 0605430N C/KC–130 AVIONICS MODERNIZATION PROGRAM (AMP) 132 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ........................................................................................................... 81,434 81,434 133 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) .................................................................................................. 1,162,417 1,162,417 134 0204201N CG(X) ............................................................................................................................................................................... 150,022 150,022 135 0204202N DDG–1000 ....................................................................................................................................................................... 539,053 539,053 136 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ..................................................................................................................... 19,016 19,016 

SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION, NAVY ......................................... 7,975,882 270,950 8,246,832 RDT&E MANAGEMENT SUPPORT 

137 0604256N THREAT SIMULATOR DEVELOPMENT ................................................................................................................. 25,534 25,534 

138 0604258N TARGET SYSTEMS DEVELOPMENT ...................................................................................................................... 79,603 79,603 
953 

† HR 2647 EAS 

139 0604759N MAJOR T&E INVESTMENT ....................................................................................................................................... 44,844 5,000 49,844 

Aviation enterprise interoperability upgrades ...................................................................................................... [5,000 ] 

140 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ....................................................................................................... 11,422 11,422 141 0605154N CENTER FOR NAVAL ANALYSES ............................................................................................................................ 49,821 49,821 142 0605502N SMALL BUSINESS INNOVATIVE RESEARCH 143 0605804N TECHNICAL INFORMATION SERVICES ................................................................................................................ 735 735 144 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT ......................................................................... 60,590 60,590 145 0605856N STRATEGIC TECHNICAL SUPPORT ...................................................................................................................... 3,633 3,633 146 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ..................................................................................... 70,942 70,942 147 0605862N RDT&E INSTRUMENTATION MODERNIZATION 148 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ............................................................................................................. 193,353 193,353 149 0605864N TEST AND EVALUATION SUPPORT ....................................................................................................................... 380,733 380,733 150 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY .................................................................................... 12,010 12,010 151 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ...................................................................... 2,703 2,703 152 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ....................................................................................... 20,921 20,921 153 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ...................................................................................................... 19,004 19,004 154 0305885N TACTICAL CRYPTOLOGIC ACTIVITIES ................................................................................................................. 2,464 2,464 155 0804758N SERVICE SUPPORT TO JFCOM, JNTC .................................................................................................................. 4,197 4,197 156 0909999N FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT, NAVY .................................................................... 982,509 5,000 987,509 

OPERATIONAL SYSTEMS DEVELOPMENT 

158 0604227N HARPOON MODIFICATIONS 159 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT. 311,204 311,204 

160 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ........................................................................................... 74,939 1,170 76,109 

LINAC ...................................................................................................................................................................... [1,170 ] 

161 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ........................................................................................................ 34,479 34,479 162 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ........................................................................................ 7,211 7,211 163 0101402N NAVY STRATEGIC COMMUNICATIONS .................................................................................................................. 43,982 43,982 164 0203761N RAPID TECHNOLOGY TRANSITION (RTT) ........................................................................................................... 39,125 39,125 165 0204136N F/A–18 SQUADRONS .................................................................................................................................................... 127,733 127,733 166 0204152N E–2 SQUADRONS ......................................................................................................................................................... 63,058 63,058 167 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) .................................................................................................... 37,431 37,431 168 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) ....................................................... 13,238 13,238 
954 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

169 0204311N INTEGRATED SURVEILLANCE SYSTEM .............................................................................................................. 24,835 24,835 170 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) ....................................................... 2,324 2,324 171 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT .................................................................................. 49,293 49,293 172 0204574N CRYPTOLOGIC DIRECT SUPPORT ......................................................................................................................... 1,609 1,609 173 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT .................................................................................... 37,524 37,524 174 0205601N HARM IMPROVEMENT ............................................................................................................................................... 30,045 30,045 175 0205604N TACTICAL DATA LINKS ............................................................................................................................................. 25,003 25,003 176 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ............................................................................................. 41,803 41,803 177 0205632N MK–48 ADCAP ............................................................................................................................................................... 28,438 28,438 178 0205633N AVIATION IMPROVEMENTS ..................................................................................................................................... 135,840 135,840 179 0205658N NAVY SCIENCE ASSISTANCE PROGRAM .............................................................................................................. 3,716 3,716 180 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ..................................................................................................... 72,031 72,031 181 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS .................................................................................................. 287,348 287,348 182 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS ............................................................ 120,379 8,200 128,579 

Expandable rigid wall composite shelters ............................................................................................................. [1,300 ] Marine personnel carrier support system ............................................................................................................. [3,000 ] Ultrasonic armor consolidation ............................................................................................................................. [3,900 ] 

183 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ................................................................................................ 17,057 1,000 18,057 

High performance capabilities for military vehicles ............................................................................................ [1,000 ] 

184 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) ............................................................... 30,167 30,167 185 0207161N TACTICAL AIM MISSILES ......................................................................................................................................... 2,298 2,298 186 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) .................................................................... 3,604 3,604 187 0208058N JOINT HIGH SPEED VESSEL (JHSV) ................................................................................................................... 8,431 8,431 188 0301303N MARITIME INTELLIGENCE ...................................................................................................................................... [ ] [ ] 189 0301323N COLLECTION MANAGEMENT ................................................................................................................................... [ ] [ ] 190 0301327N TECHNICAL RECONNAISSANCE AND SURVEILLANCE ................................................................................... [ ] [ ] 191 0301372N CYBER SECURITY INITIATIVE—GDIP ................................................................................................................. [ ] [ ] 192 0303109N SATELLITE COMMUNICATIONS (SPACE) ............................................................................................................ 474,009 –32,000 442,009 

MUOS program transfer to WPN .......................................................................................................................... [–32,000 ] 

193 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES) .................................................. 45,513 45,513 

194 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ............................................................................................... 24,226 3,500 27,726 
955 

† HR 2647 EAS 

Policy decision point for Consolidated Afloat Networks and Enterprise Services ............................................. [3,500 ] 

195 0303158M JOINT COMMAND AND CONTROL PROGRAM (JC2) .......................................................................................... 2,453 2,453 196 0303158N JOINT COMMAND AND CONTROL PROGRAM (JC2) .......................................................................................... 4,139 4,139 197 0305149N COBRA JUDY ................................................................................................................................................................. 62,061 62,061 198 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORS—SPACE (METOC) ......................................................... 28,094 28,094 199 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES .............................................................................. 4,600 4,600 200 0305204N TACTICAL UNMANNED AERIAL VEHICLES ........................................................................................................ 8,971 8,971 201 0305205N ENDURANCE UNMANNED AERIAL VEHICLES 202 0305206N AIRBORNE RECONNAISSANCE SYSTEMS ........................................................................................................... 46,208 46,208 203 0305207N MANNED RECONNAISSANCE SYSTEMS ............................................................................................................... 22,599 22,599 204 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................. 18,079 18,079 205 0305220N RQ–4 UAV ....................................................................................................................................................................... 465,839 465,839 206 0305231N MQ–8 UAV ....................................................................................................................................................................... 25,639 25,639 207 0305232M RQ–11 UAV ..................................................................................................................................................................... 553 553 208 0305233N RQ–7 UAV ....................................................................................................................................................................... 986 986 209 0305234M SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ................................................................................................... 18,763 18,763 210 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ................................................................................................... 23,594 23,594 211 0307207N AERIAL COMMON SENSOR (ACS) 212 0307217N EP–3E REPLACEMENT (EPX) .................................................................................................................................. 11,976 11,976 213 0308601N MODELING AND SIMULATION SUPPORT ............................................................................................................ 8,028 8,028 214 0702207N DEPOT MAINTENANCE (NON–IF) ........................................................................................................................... 14,675 14,675 215 0702239N AVIONICS COMPONENT IMPROVEMENT PROGRAM ......................................................................................... 2,725 2,725 216 0708011N INDUSTRIAL PREPAREDNESS ............................................................................................................................... 56,691 7,500 64,191 

Integrated manufacturing enterprise ..................................................................................................................... [5,000 ] Life extension of weapon system structures research ........................................................................................... [2,500 ] 

217 0708730N MARITIME TECHNOLOGY (MARITECH) ............................................................................................................... 20,000 20,000 

National Shipbuilding Research Program ............................................................................................................ [20,000 ] 

999 9999999 OTHER PROGRAMS .................................................................................................................................................... 1,258,018 1,258,018 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, RDT&E .............................................. 4,302,584 9,370 4,311,954 TOTAL, RDT&E NAVY .......................................................................................................................................... 19,270,932 326,764 19,597,696 RESEARCH, DEVELOPMENT, TEST & EVALUATION, AIR FORCE 
956 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

BASIC RESEARCH 

001 0601102F DEFENSE RESEARCH SCIENCES .......................................................................................................................... 321,028 2,500 323,528 

Coal transformation research ................................................................................................................................. [1,000 ] Nanotechnology for portable power research ......................................................................................................... [1,500 ] 

002 0601103F UNIVERSITY RESEARCH INITIATIVES ................................................................................................................ 132,249 13,500 145,749 

Cybersecurity for control networks research .......................................................................................................... [4,000 ] End-user software safeguard research ................................................................................................................... [2,000 ] Informatics research ................................................................................................................................................ [1,500 ] Information security research ................................................................................................................................ [4,000 ] Integrated design and manufacturing research .................................................................................................... [2,000 ] 

003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ............................................................................................. 12,834 12,834 004 0301555F CLASSIFIED PROGRAMS .......................................................................................................................................... [ ] [ ] 005 0301556F SPECIAL PROGRAM .................................................................................................................................................... [ ] [ ] 

SUBTOTAL, BASIC RESEARCH, AIR FORCE .......................................................................................... 466,111 16,000 482,111 

APPLIED RESEARCH 

006 0602015F MEDICAL DEVELOPMENT 007 0602102F MATERIALS ................................................................................................................................................................... 127,957 19,750 147,707 

Advanced aerospace heat exchangers ..................................................................................................................... [3,000 ] Aircraft active corrosion protection systems ......................................................................................................... [2,000 ] Energy and automation technologies ..................................................................................................................... [4,000 ] Energy efficiency, recovery, and generation systems ........................................................................................... [4,000 ] Health monitoring sensors for aerospace components .......................................................................................... [2,000 ] Intelligent manufacturing research ....................................................................................................................... [1,000 ] Light alloy aerospace and automotive parts development ................................................................................... [1,000 ] Mid-infrared laser source research ......................................................................................................................... [2,750 ] 

008 0602201F AEROSPACE VEHICLE TECHNOLOGIES ............................................................................................................. 127,129 2,500 129,629 

Unmanned aerial system collaboration technologies ............................................................................................ [2,500 ] 

009 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH .............................................................................................. 85,122 85,122 010 0602203F AEROSPACE PROPULSION ....................................................................................................................................... 196,529 18,000 214,529 
957 

† HR 2647 EAS 

Hybrid bearing development .................................................................................................................................. [1,000 ] Integrated electrical starter/generator systems ...................................................................................................... [2,500 ] Lithium battery manufacturing ............................................................................................................................ [5,000 ] Lithium ion technologies for aviation batteries .................................................................................................... [2,000 ] Scramjet research .................................................................................................................................................... [3,500 ] Thermally efficient engine pumping system ......................................................................................................... [4,000 ] 

011 0602204F AEROSPACE SENSORS .............................................................................................................................................. 121,768 121,768 012 0602601F SPACE TECHNOLOGY ................................................................................................................................................ 104,148 9,500 113,648 

Reconfigurable electronics research ........................................................................................................................ [2,000 ] Seismic research program ...................................................................................................................................... [7,500 ] 

013 0602602F CONVENTIONAL MUNITIONS ................................................................................................................................... 58,289 58,289 014 0602605F DIRECTED ENERGY TECHNOLOGY ...................................................................................................................... 105,677 –5,750 99,927 

Chemical laser technology ....................................................................................................................................... [–5,750 ] 

015 0602702F COMMAND CONTROL AND COMMUNICATIONS 016 0602788F DOMINANT INFORMATION SCIENCES AND METHODS .................................................................................. 115,278 115,278 017 0602890F HIGH ENERGY LASER RESEARCH ....................................................................................................................... 52,754 –4,100 48,654 

Advanced deformable mirrors for high energy laser weapons ............................................................................. [2,000 ] Chemical laser technology ....................................................................................................................................... [–6,100 ] 

SUBTOTAL, APPLIED RESEARCH, AIR FORCE ................................................................................... 1,094,651 39,900 1,134,551 

ADVANCED TECHNOLOGY DEVELOPMENT 

018 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ............................................................................................ 37,901 14,000 51,901 

Metals Affordability Initiative ............................................................................................................................... [7,000 ] Sewage-derived biofuels program ........................................................................................................................... [5,000 ] Sonic infrared imaging technology development .................................................................................................. [2,000 ] 

019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ........................................................................................ 2,955 2,955 020 0603203F ADVANCED AEROSPACE SENSORS ....................................................................................................................... 51,482 4,000 55,482 

Reconfigurable secure computing technologies ...................................................................................................... [4,000 ] 

021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ............................................................................................................... 76,844 76,844 022 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ................................................................................ 175,676 39,500 215,176 

Alternative energy research .................................................................................................................................... [20,000 ] Long range supersonic engine for high speed strike ............................................................................................. [10,000 ] Scalable UAV engines ............................................................................................................................................. [3,500 ] Silicon carbide power electronics research ............................................................................................................ [6,000 ] 

023 0603231F CREW SYSTEMS AND PERSONNEL PROTECTION TECHNOLOGY 
958 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

024 0603270F ELECTRONIC COMBAT TECHNOLOGY .................................................................................................................. 31,021 31,021 025 0603401F ADVANCED SPACECRAFT TECHNOLOGY ............................................................................................................ 83,909 83,909 026 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ................................................................................................. 5,813 5,813 027 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT ..................................................... 24,565 24,565 028 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ......................................................................................................... 14,356 14,356 029 0603605F ADVANCED WEAPONS TECHNOLOGY ................................................................................................................... 30,056 30,056 030 0603680F MANUFACTURING TECHNOLOGY PROGRAM ..................................................................................................... 39,913 3,250 43,163 

Next generation casting initiative ......................................................................................................................... [3,250 ] 

031 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION .................................................... 39,708 2,500 42,208 

Optical interconnects research ............................................................................................................................... [2,500 ] 

032 0603789F C3I ADVANCED DEVELOPMENT 033 0603924F HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM ...................................................................... 3,831 3,831 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, AIR FORCE .................................. 618,030 63,250 681,280 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

034 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ..................................................................................................... 5,009 5,009 

035 0603287F PHYSICAL SECURITY EQUIPMENT ....................................................................................................................... 3,623 3,623 036 0603421F NAVSTAR GLOBAL POSITIONING SYSTEM III 037 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 038 0603430F ADVANCED EHF MILSATCOM (SPACE) ................................................................................................................ 464,335 464,335 039 0603432F POLAR MILSATCOM (SPACE) .................................................................................................................................. 253,150 253,150 040 0603438F SPACE CONTROL TECHNOLOGY ............................................................................................................................ 97,701 12,500 110,201 

Space protection program ...................................................................................................................................... [6,500 ] Space situational awareness .................................................................................................................................. [6,000 ] 

041 0603742F COMBAT IDENTIFICATION TECHNOLOGY .......................................................................................................... 27,252 27,252 042 0603790F NATO RESEARCH AND DEVELOPMENT .............................................................................................................. 4,351 4,351 043 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ................................................................................................... 632 632 044 0603845F TRANSFORMATIONAL SATCOM (TSAT) 045 0603850F INTEGRATED BROADCAST SERVICE ................................................................................................................... 20,739 20,739 046 0603851F INTERCONTINENTAL BALLISTIC MISSILE ........................................................................................................ 66,079 –5,000 61,079 
959 

† HR 2647 EAS 

Program decrease .................................................................................................................................................... [–5,000 ] 

047 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) ................................................................................................ 70,956 70,956 048 0603859F POLLUTION PREVENTION ....................................................................................................................................... 2,896 2,896 049 0603860F JOINT PRECISION APPROACH AND LANDING SYSTEMS .............................................................................. 23,174 23,174 050 0604015F NEXT GENERATION BOMBER 051 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT ................................................................................. 22,612 22,612 052 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM ................................... 20,891 20,891 053 0604330F JOINT DUAL ROLE AIR DOMINANCE MISSILE ................................................................................................. 6,882 6,882 054 0604337F REQUIREMENTS ANALYSIS AND MATURATION ............................................................................................... 35,533 35,533 055 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT ....................................................................................... 18,778 18,778 056 0604796F ALTERNATIVE FUELS ............................................................................................................................................... 89,020 89,020 057 0604830F AUTOMATED AIR-TO-AIR REFUELING ................................................................................................................ 43,158 43,158 058 0604856F COMMON AERO VEHICLE (CAV) 059 0604857F OPERATIONALLY RESPONSIVE SPACE ............................................................................................................... 112,861 170,000 282,861 

ORS smallsat imaging prototyping ...................................................................................................................... [115,000 ] ORS–1 ...................................................................................................................................................................... [40,000 ] RSLV ........................................................................................................................................................................ [15,000 ] 

060 0604858F TECH TRANSITION PROGRAM ................................................................................................................................ 9,611 9,611 061 0305178F NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM (NPOESS) .. 396,641 80,000 476,641 

Program increase .................................................................................................................................................... [80,000 ] 

061a 604xxxxF NEXT GENERATION MILSATCOM TECHNOLOGY DEVELOPMENT .............................................................. 53,000 53,000 

IRIS ......................................................................................................................................................................... [3,000 ] Next generation MILSATCOM technology development ...................................................................................... [50,000 ] 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, AIR FORCE 1,795,884 310,500 2,106,384 SYSTEM DEVELOPMENT & DEMONSTRATION 

062 0603840F GLOBAL BROADCAST SERVICE (GBS) ................................................................................................................. 31,124 31,124 

063 0604222F NUCLEAR WEAPONS SUPPORT .............................................................................................................................. 37,860 37,860 064 0604226F B–1B ................................................................................................................................................................................. 2,000 2,000 

B–1B AESA radar .................................................................................................................................................. [2,000 ] 

065 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ................................................................................... 6,227 6,227 066 0604240F B–2 ADVANCED TECHNOLOGY BOMBER 067 0604261F PERSONNEL RECOVERY SYSTEMS 068 0604270F ELECTRONIC WARFARE DEVELOPMENT ........................................................................................................... 97,275 97,275 069 0604281F TACTICAL DATA NETWORKS ENTERPRISE ....................................................................................................... 88,444 88,444 
960 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

070 0604287F PHYSICAL SECURITY EQUIPMENT ....................................................................................................................... 50 50 071 0604329F SMALL DIAMETER BOMB (SDB) ............................................................................................................................ 153,815 153,815 072 0604421F COUNTERSPACE SYSTEMS ...................................................................................................................................... 64,248 64,248 073 0604425F SPACE SITUATION AWARENESS SYSTEMS ........................................................................................................ 308,134 308,134 074 0604429F AIRBORNE ELECTRONIC ATTACK ......................................................................................................................... 11,107 11,107 075 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ............................................................................... 512,642 15,000 527,642 

HEO ground and data exploitation ...................................................................................................................... [15,000 ] 

076 0604443F THIRD GENERATION INFRARED SURVEILLANCE (3GIRS) .......................................................................... 143,169 143,169 077 0604602F ARMAMENT/ORDNANCE DEVELOPMENT ............................................................................................................ 18,671 18,671 078 0604604F SUBMUNITIONS ........................................................................................................................................................... 1,784 1,784 079 0604617F AGILE COMBAT SUPPORT ........................................................................................................................................ 11,261 11,261 080 0604706F LIFE SUPPORT SYSTEMS ......................................................................................................................................... 10,711 10,711 081 0604735F COMBAT TRAINING RANGES ................................................................................................................................... 29,718 29,718 082 0604740F INTEGRATED COMMAND & CONTROL APPLICATIONS (IC2A) ...................................................................... 10 10 083 0604750F INTELLIGENCE EQUIPMENT .................................................................................................................................. 1,495 1,495 084 0604800F JOINT STRIKE FIGHTER (JSF) .............................................................................................................................. 1,858,055 141,450 1,999,505 

F136 development .................................................................................................................................................... [219,450 ] Excess management reserves ................................................................................................................................... [–78,000 ] 

085 0604851F INTERCONTINENTAL BALLISTIC MISSILE ........................................................................................................ 60,010 60,010 086 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE) ............................................................... 26,545 12,000 38,545 

EELV metric tracking ............................................................................................................................................ [12,000 ] 

087 0605011F RDT&E FOR AGING AIRCRAFT 088 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT .................................................................................... 439,615 439,615 089 0605277F CSAR–X RDT&E ........................................................................................................................................................... 89,975 –89,975 

Use available prior year funds .............................................................................................................................. [–89,975 ] 

090 0605278F HC/MC–130 RECAP RDT&E ....................................................................................................................................... 20,582 20,582 091 0605452F JOINT SIAP EXECUTIVE PROGRAM OFFICE ..................................................................................................... 34,877 34,877 092 0207434F LINK–16 SUPPORT AND SUSTAINMENT 093 0207450F E–10 SQUADRONS 094 0207451F SINGLE INTEGRATED AIR PICTURE (SIAP) ...................................................................................................... 13,466 13,466 095 0207701F FULL COMBAT MISSION TRAINING ...................................................................................................................... 99,807 99,807 
961 

† HR 2647 EAS 

096 0305176F COMBAT SURVIVOR EVADER LOCATOR 097 0401138F JOINT CARGO AIRCRAFT (JCA) .............................................................................................................................. 9,353 9,353 098 0401318F CV–22 ............................................................................................................................................................................... 19,640 19,640 099 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) ............................................................................................................ 20,056 20,056 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, AIR FORCE ........................... 4,219,726 80,475 4,300,201 

RDT&E MANAGEMENT SUPPORT 

100 0604256F THREAT SIMULATOR DEVELOPMENT ................................................................................................................. 27,789 27,789 

101 0604759F MAJOR T&E INVESTMENT ....................................................................................................................................... 60,824 5,000 65,824 

Holloman High Speed Test Track ......................................................................................................................... [5,000 ] 

102 0605101F RAND PROJECT AIR FORCE .................................................................................................................................... 27,501 27,501 103 0605502F SMALL BUSINESS INNOVATION RESEARCH 104 0605712F INITIAL OPERATIONAL TEST & EVALUATION ................................................................................................. 25,833 25,833 105 0605807F TEST AND EVALUATION SUPPORT ....................................................................................................................... 736,488 20,000 756,488 

Program increase ............................................................................................................................................................. [20,000 ] 

106 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ............................................................................................. 14,637 14,637 107 0605864F SPACE TEST PROGRAM (STP) ................................................................................................................................ 47,215 47,215 108 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT ................ 52,409 52,409 109 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT ............................................................. 29,683 29,683 110 0702806F ACQUISITION AND MANAGEMENT SUPPORT .................................................................................................... 18,947 18,947 111 0804731F GENERAL SKILL TRAINING .................................................................................................................................... 1,450 1,450 112 0909999F FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 113 1001004F INTERNATIONAL ACTIVITIES ................................................................................................................................. 3,748 3,748 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT, AIR FORCE ........................................................ 1,046,524 25,000 1,071,524 

OPERATIONAL SYSTEMS DEVELOPMENT 

114 0604263F COMMON VERTICAL LIFT SUPPORT PLATFORM ............................................................................................. 9,513 9,513 

115 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ........................................................................................ 47,276 47,276 116 0605798F ANALYSIS SUPPORT GROUP ................................................................................................................................... [ ] [ ] 117 0101113F B–52 SQUADRONS ....................................................................................................................................................... 93,930 93,930 118 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ......................................................................................................... 3,652 3,652 119 0101126F B–1B SQUADRONS ....................................................................................................................................................... 148,025 148,025 120 0101127F B–2 SQUADRONS ......................................................................................................................................................... 415,414 415,414 121 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM ............................................................................................ 33,836 33,836 
962 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

122 0101314F NIGHT FIST—USSTRATCOM ................................................................................................................................... 5,328 5,328 123 0101815F ADVANCED STRATEGIC PROGRAMS ..................................................................................................................... [ ] [ ] 124 0102325F ATMOSPHERIC EARLY WARNING SYSTEM ........................................................................................................ 9,832 9,832 125 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM .................................. 25,734 25,734 126 0102823F STRATEGIC AEROSPACE INTELLIGENCE SYSTEM ACTIVITIES ................................................................. 18 18 127 0203761F WARFIGHTER RAPID ACQUISITION PROCESS (WRAP) RAPID TRANSITION FUND ............................. 11,996 11,996 128 0205219F MQ–9 UAV ....................................................................................................................................................................... 39,245 39,245 129 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT ............................................................................ 14,747 14,747 130 0207131F A–10 SQUADRONS ....................................................................................................................................................... 9,697 9,697 131 0207133F F–16 SQUADRONS ....................................................................................................................................................... 141,020 141,020 132 0207134F F–15E SQUADRONS ..................................................................................................................................................... 311,167 311,167 133 0207136F MANNED DESTRUCTIVE SUPPRESSION ............................................................................................................. 10,748 10,748 134 0207138F F–22A SQUADRONS ..................................................................................................................................................... 569,345 569,345 135 0207161F TACTICAL AIM MISSILES ......................................................................................................................................... 5,915 5,915 136 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) .................................................................... 49,971 49,971 137 0207170F JOINT HELMET MOUNTED CUEING SYSTEM (JHMCS) ................................................................................. 2,529 2,529 138 0207227F COMBAT RESCUE—PARARESCUE ........................................................................................................................ 2,950 2,950 139 0207247F AF TENCAP .................................................................................................................................................................... 11,643 11,643 140 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ............................................................................................... 2,950 2,950 141 0207253F COMPASS CALL ............................................................................................................................................................ 13,019 13,019 142 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...................................................................... 166,563 166,563 143 0207277F CSAF INNOVATION PROGRAM ................................................................................................................................. 4,621 4,621 144 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ................................................................................. 29,494 29,494 145 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ....................................................................................................... 99,405 99,405 146 0207412F CONTROL AND REPORTING CENTER (CRC) ....................................................................................................... 52,508 52,508 147 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ................................................................................ 176,040 176,040 148 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS 149 0207423F ADVANCED COMMUNICATIONS SYSTEMS ........................................................................................................... 63,782 63,782 150 0207424F EVALUATION AND ANALYSIS PROGRAM ............................................................................................................. [ ] [ ] 151 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ........................................................................................ 1,475 1,475 152 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ................................................................................................... 19,067 19,067 
963 

† HR 2647 EAS 

153 0207445F FIGHTER TACTICAL DATA LINK ........................................................................................................................... 72,106 72,106 154 0207446F BOMBER TACTICAL DATA LINK 155 0207448F C2ISR TACTICAL DATA LINK .................................................................................................................................. 1,667 1,667 156 0207449F COMMAND AND CONTROL (C2) CONSTELLATION ............................................................................................ 26,792 26,792 157 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS) ....................................................... 140,670 92,000 232,670 

MP-RTIP integration & test on JSTARS aircraft .............................................................................................. [92,000 ] 

158 0207590F SEEK EAGLE ................................................................................................................................................................ 22,071 22,071 159 0207601F USAF MODELING AND SIMULATION .................................................................................................................... 27,245 27,245 160 0207605F WARGAMING AND SIMULATION CENTERS ......................................................................................................... 7,018 7,018 161 0207697F DISTRIBUTED TRAINING AND EXERCISES ....................................................................................................... 6,740 6,740 162 0208006F MISSION PLANNING SYSTEMS ............................................................................................................................... 91,995 91,995 163 0208021F INFORMATION WARFARE SUPPORT ..................................................................................................................... 12,271 12,271 164 0208161F SPECIAL EVALUATION SYSTEM ............................................................................................................................ [ ] [ ] 165 0301310F NATIONAL AIR INTELLIGENCE CENTER ............................................................................................................ [ ] [ ] 166 0301314F COBRA BALL ................................................................................................................................................................. [ ] [ ] 167 0301315F MISSILE AND SPACE TECHNICAL COLLECTION ............................................................................................. [ ] [ ] 168 0301324F FOREST GREEN ........................................................................................................................................................... [ ] [ ] 169 0301386F GDIP COLLECTION MANAGEMENT ....................................................................................................................... [ ] [ ] 170 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ........................................................................ 26,107 26,107 171 0303112F AIR FORCE COMMUNICATIONS (AIRCOM) 172 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ....................................... 72,694 72,694 173 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ............................................................................................... 196,621 196,621 174 0303141F GLOBAL COMBAT SUPPORT SYSTEM ................................................................................................................... 3,375 3,375 175 0303150F GLOBAL COMMAND AND CONTROL SYSTEM ..................................................................................................... 3,149 3,149 176 0303158F JOINT COMMAND AND CONTROL PROGRAM (JC2) .......................................................................................... 3,087 3,087 177 0303601F MILSATCOM TERMINALS ......................................................................................................................................... 257,693 257,693 179 0304260F AIRBORNE SIGINT ENTERPRISE .......................................................................................................................... 176,989 176,989 180 0304311F SELECTED ACTIVITIES ............................................................................................................................................ [ ] [ ] 181 0304348F ADVANCED GEOSPATIAL INTELLIGENCE (AGI) ............................................................................................... [ ] [ ] 182 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) .................................................................................................. 6,028 6,028 183 0305103F CYBER SECURITY INITIATIVE ............................................................................................................................... 2,065 2,065 184 0305110F SATELLITE CONTROL NETWORK (SPACE) ........................................................................................................ 20,991 20,991 185 0305111F WEATHER SERVICE ................................................................................................................................................... 33,531 33,531 186 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) ................................................. 9,006 9,006 187 0305116F AERIAL TARGETS ....................................................................................................................................................... 54,807 54,807 188 0305124F SPECIAL APPLICATIONS PROGRAM ..................................................................................................................... [ ] [ ] 
964 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

189 0305127F FOREIGN COUNTERINTELLIGENCE ACTIVITIES ............................................................................................. [ ] [ ] 190 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ................................................................................................... 742 742 191 0305142F APPLIED TECHNOLOGY AND INTEGRATION ..................................................................................................... [ ] [ ] 192 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES .............................................................................. 39 39 194 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) ............................................... 137,692 137,692 195 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) ................................... 52,039 52,039 196 0305172F COMBINED ADVANCED APPLICATIONS ............................................................................................................... [ ] [ ] 197 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER ............................................................................... 3,599 3,599 198 0305174F SPACE WARFARE CENTER ...................................................................................................................................... 3,009 3,009 199 0305182F SPACELIFT RANGE SYSTEM (SPACE) .................................................................................................................. 9,957 9,957 200 0305193F INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ............................................................... 1,240 1,240 201 0305202F DRAGON U–2 202 0305205F ENDURANCE UNMANNED AERIAL VEHICLES .................................................................................................. 73,736 –35,000 38,736 

ISIS .......................................................................................................................................................................... [–35,000 ] 

203 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ........................................................................................................... 143,892 –46,000 97,892 

GORGON STARE .................................................................................................................................................. [–46,000 ] 

204 0305207F MANNED RECONNAISSANCE SYSTEMS ............................................................................................................... 12,846 12,846 205 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................. 82,765 82,765 206 0305219F MQ–1 PREDATOR A UAV ........................................................................................................................................... 18,101 4,000 22,101 

Sense and avoid ....................................................................................................................................................... [4,000 ] 

207 0305220F RQ–4 UAV ....................................................................................................................................................................... 317,316 317,316 208 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ....................................................................................... 8,160 8,160 209 0305265F GPS III SPACE SEGMENT ......................................................................................................................................... 815,095 815,095 210 0305614F JSPOC MISSION SYSTEM .......................................................................................................................................... 131,271 6,000 137,271 

Karnac ..................................................................................................................................................................... [6,000 ] 

211 0305887F INTELLIGENCE SUPPORT TO INFORMATION WARFARE .............................................................................. 5,267 5,267 212 0305906F NCMC—TW/AA SYSTEM 213 0305913F NUDET DETECTION SYSTEM (SPACE) ................................................................................................................. 84,021 84,021 214 0305924F NATIONAL SECURITY SPACE OFFICE ................................................................................................................. 10,634 10,634 215 0305940F SPACE SITUATION AWARENESS OPERATIONS ................................................................................................ 54,648 54,648 216 0307141F INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEVELOPMENT ......................... 30,076 30,076 
965 

† HR 2647 EAS 

217 0308699F SHARED EARLY WARNING (SEW) ......................................................................................................................... 3,082 3,082 218 0401115F C–130 AIRLIFT SQUADRON ...................................................................................................................................... 201,250 201,250 219 0401119F C–5 AIRLIFT SQUADRONS (IF) ............................................................................................................................... 95,266 95,266 220 0401130F C–17 AIRCRAFT (IF) ................................................................................................................................................... 161,855 161,855 221 0401132F C–130J PROGRAM ........................................................................................................................................................ 30,019 30,019 222 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) .................................................................................. 31,784 31,784 223 0401218F KC–135S .......................................................................................................................................................................... 10,297 10,297 224 0401219F KC–10S ............................................................................................................................................................................ 35,586 35,586 225 0401221F KC–135 TANKER REPLACEMENT 226 0401314F OPERATIONAL SUPPORT AIRLIFT ........................................................................................................................ 4,916 4,916 227 0401839F AIR MOBILITY TACTICAL DATA LINK 228 0408011F SPECIAL TACTICS/COMBAT CONTROL ................................................................................................................. 8,222 8,222 229 0702207F DEPOT MAINTENANCE (NON–IF) ........................................................................................................................... 1,508 1,508 230 0702976F FACILITIES RESTORATION & MODERNIZATION—LOGISTICS 231 0708011F INDUSTRIAL PREPAREDNESS 232 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) .......................................................................................... 246,483 246,483 233 0708611F SUPPORT SYSTEMS DEVELOPMENT .................................................................................................................... 6,288 6,288 234 0804743F OTHER FLIGHT TRAINING ...................................................................................................................................... 805 805 235 0804757F JOINT NATIONAL TRAINING CENTER .................................................................................................................. 3,220 3,220 236 0804772F TRAINING DEVELOPMENTS .................................................................................................................................... 1,769 1,769 237 0808716F OTHER PERSONNEL ACTIVITIES .......................................................................................................................... 116 116 238 0901202F JOINT PERSONNEL RECOVERY AGENCY ............................................................................................................ 6,376 5,000 11,376 

Biometric signature and passive physiological monitoring ................................................................................ [5,000 ] 

239 0901212F SERVICE-WIDE SUPPORT (NOT OTHERWISE ACCOUNTED FOR) 240 0901218F CIVILIAN COMPENSATION PROGRAM .................................................................................................................. 8,174 8,174 241 0901220F PERSONNEL ADMINISTRATION ............................................................................................................................. 10,492 10,492 242 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT ..................................................... 55,991 55,991 999 9999999 OTHER PROGRAMS .................................................................................................................................................... 11,955,084 140,000 12,095,084 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, AIR FORCE ..................................... 18,751,901 166,000 18,917,901 

TOTAL, RDT&E AIR FORCE ............................................................................................................................. 27,992,827 701,125 28,693,952 RESEARCH, DEVELOPMENT, TEST & EVALUATION, DEFENSE-WIDE 
966 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

BASIC RESEARCH 

001 0601000BR DTRA BASIC RESEARCH INITIATIVE ................................................................................................................... 48,544 48,544 

002 0601101E DEFENSE RESEARCH SCIENCES .......................................................................................................................... 226,125 226,125 003 0601111D8Z GOVERNMENT/INDUSTRY COSPONSORSHIP OF UNIVERSITY RESEARCH 004 0601114D8Z DEFENSE EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH ............................ 8,000 8,000 

Program Increase .................................................................................................................................................... [8,000 ] 

005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ................................................................................................... 89,980 89,980 006 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ....................................................................................... 58,974 2,000 60,974 

In-vitro models for bio-defense vaccines ................................................................................................................ [2,000 ] 

SUBTOTAL, BASIC RESEARCH, DEFENSE-WIDE ................................................................................ 423,623 10,000 433,623 

APPLIED RESEARCH 

007 0602000D8Z JOINT MUNITIONS TECHNOLOGY ......................................................................................................................... 22,669 22,669 

008 0602227D8Z MEDICAL FREE ELECTRON LASER 009 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU) SCIENCE ............................................ 15,164 15,164 

010 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ................................................................................................ 34,034 34,034 011 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ....................................................................................... 282,749 –12,000 270,749 

Content distribution ................................................................................................................................................ [–4,500 ] CORONET ............................................................................................................................................................... [–7,500 ] 

012 0602304E COGNITIVE COMPUTING SYSTEMS ....................................................................................................................... 142,840 –25,000 117,840 

Cognitive networking .............................................................................................................................................. [–25,000 ] 

013 0602383E BIOLOGICAL WARFARE DEFENSE ........................................................................................................................ 40,587 40,587 014 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ....................................................................................... 209,072 13,878 222,950 

Chemical and biological infrared detector ............................................................................................................ [3,000 ] Biological decontamination research ..................................................................................................................... [1,000 ] Funding for meritorious unfunded TMTI projects ............................................................................................... [9,878 ] 

015 0602663D8Z JOINT DATA MANAGEMENT ADVANCED DEVELOPMENT ............................................................................. 4,940 4,940 016 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) APPLIED RESEARCH .................... 9,446 9,446 017 0602702E TACTICAL TECHNOLOGY .......................................................................................................................................... 276,075 –13,000 263,075 

EXACTO .................................................................................................................................................................. [–10,000 ] 
967 

† HR 2647 EAS 

Submersible aircraft ................................................................................................................................................ [–3,000 ] 

018 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY .................................................................................................. 268,859 268,859 019 0602716E ELECTRONICS TECHNOLOGY ................................................................................................................................. 223,841 223,841 020 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES ................................................................... 219,130 2,000 221,130 

Blast mitigation and protection ............................................................................................................................ [2,000 ] 

021 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT ................................................................................. 27,384 27,384 022 1160407BB SOF MEDICAL TECHNOLOGY DEVELOPMENT 

SUBTOTAL, APPLIED RESEARCH, DEFENSE-WIDE ......................................................................... 1,776,790 –34,122 1,742,668 

ADVANCED TECHNOLOGY DEVELOPMENT 

023 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY .................................................................................................. 23,538 23,538 

024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ...................................................................................................................... 43,808 43,808 025 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ........................................................................................ 81,868 6,000 87,868 

Impact and blast loading laboratory testing program ........................................................................................ [2,500 ] Reconnaissance and data exploitation systems .................................................................................................... [3,500 ] 

026 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT ................ 233,203 233,203 027 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ................................................................................................. 109,760 109,760 028 0603200D8Z JOINT ADVANCED CONCEPTS ................................................................................................................................. 7,817 3,000 10,817 

Joint Future Theater Lift joint advanced concepts ............................................................................................. [3,000 ] 

029 0603225D8Z JOINT DOD–DOE MUNITIONS TECHNOLOGY DEVELOPMENT ..................................................................... 23,276 23,276 030 0603286E ADVANCED AEROSPACE SYSTEMS ....................................................................................................................... 338,360 –106,000 232,360 

Disc-rotor compound helicopter ............................................................................................................................. [–5,000 ] Endurance UAS programs ..................................................................................................................................... [–90,000 ] Heliplane ................................................................................................................................................................. [–4,000 ] Triple target terminator ......................................................................................................................................... [–7,000 ] 

031 0603287E SPACE PROGRAMS AND TECHNOLOGY ............................................................................................................... 200,612 200,612 032 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT .............................. 282,235 282,235 033 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ............................................................................................... 10,838 10,838 034 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ................................................................................. 198,352 –25,000 173,352 

JCTD new starts ..................................................................................................................................................... [–25,000 ] 

035 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ............................................................................................ 28,212 28,212 036 0603663D8Z JOINT DATA MANAGEMENT RESEARCH ............................................................................................................. 4,935 4,935 037 0603665D8Z BIOMETRICS SCIENCE AND TECHNOLOGY ....................................................................................................... 10,993 10,993 038 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) ADVANCED DEVELOPMENT ........ 11,480 11,480 039 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM ........................................ 14,638 10,000 24,638 
968 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

High performance defense manufacturing technology .......................................................................................... [10,000 ] 

040 0603711D8Z JOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS .................................................................................. 9,110 2,000 11,110 

Robotics training systems ....................................................................................................................................... [2,000 ] 

041 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS .................................................................... 19,043 41,250 60,293 

Alternative energy research .................................................................................................................................... [20,000 ] Biofuels program ..................................................................................................................................................... [4,000 ] Biomass conversion research .................................................................................................................................. [2,500 ] Fuel cell manufacturing research ........................................................................................................................... [3,750 ] Renewable power for forward operating bases ...................................................................................................... [3,000 ] Vehicle fuel cell and hydrogen logistics program .................................................................................................. [8,000 ] 

042 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE TECHNOLOGY .............................................................. 29,356 29,356 043 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ................................................................................... 69,175 69,175 044 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT ...................................................... 26,310 26,310 

045 0603727D8Z JOINT WARFIGHTING PROGRAM ........................................................................................................................... 11,135 11,135 046 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ...................................................................................................... 205,912 205,912 047 0603745D8Z SYNTHETIC APERTURE RADAR (SAR) COHERENT CHANGE DETECTION (CDD) ................................. 4,864 4,864 048 0603750D8Z ADVANCED CONCEPT TECHNOLOGY DEMONSTRATIONS 049 0603755D8Z HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ............................................................. 221,286 3,000 224,286 

Computational design of novel materials .............................................................................................................. [3,000 ] 

050 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ............................................................................. 293,476 –10,000 283,476 

Deep Green ............................................................................................................................................................... [–10,000 ] 

051 0603764E LAND WARFARE TECHNOLOGY 052 0603765E CLASSIFIED DARPA PROGRAMS ........................................................................................................................... 186,526 186,526 053 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ................................................................................................. 135,941 135,941 054 0603767E SENSOR TECHNOLOGY ............................................................................................................................................. 243,056 –7,500 235,556 

SUDS ....................................................................................................................................................................... [–7,500 ] 

055 0603768E GUIDANCE TECHNOLOGY ........................................................................................................................................ 37,040 37,040 056 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT .................................................... 13,822 13,822 057 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ............................................................................................................... 31,298 31,298 058 0603805S DUAL USE TECHNOLOGY 059 0603826D8Z QUICK REACTION SPECIAL PROJECTS ............................................................................................................... 107,984 –13,200 94,784 
969 

† HR 2647 EAS 

Quick Reaction Fund .............................................................................................................................................. [–15,000 ] Special warfare domain awareness ....................................................................................................................... [1,800 ] 

060 0603828D8Z JOINT EXPERIMENTATION ...................................................................................................................................... 124,480 –5,000 119,480 

Space control and GPS experimentation .............................................................................................................. [–5,000 ] 

061 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT OFFICE ........................................................................ 38,505 38,505 062 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ............................................................................................ 95,734 95,734 063 0603942D8Z TECHNOLOGY TRANSFER ........................................................................................................................................ 2,219 2,219 064 0909999D8Z FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS 065 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT .......................................................... 31,675 1,600 33,275 

Lithium ion battery safety research ...................................................................................................................... [1,600 ] 

066 1160422BB AVIATION ENGINEERING ANALYSIS .................................................................................................................... 3,544 3,544 067 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS ADVANCED TECHNOLOGY .......................................... 4,988 4,988 

SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT, DEFENSE-WIDE ........................ 3,570,404 –99,850 3,470,554 

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

068 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P .......................... 36,019 36,019 069 0603228D8Z PHYSICAL SECURITY EQUIPMENT 070 0603527D8Z RETRACT LARCH ........................................................................................................................................................ 21,718 21,718 071 0603709D8Z JOINT ROBOTICS PROGRAM ................................................................................................................................... 11,803 11,803 

072 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ............................................................................................... 17,771 17,771 073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM ................................................... 31,613 31,613 074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT .............................................................. 719,465 719,465 075 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT ........................................................... 982,922 982,922 076 0603883C BALLISTIC MISSILE DEFENSE BOOST DEFENSE SEGMENT ...................................................................... 186,697 186,697 077 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ....................................................................................... 205,952 2,000 207,952 

Real-time non-specific viral agent detector ........................................................................................................... [2,000 ] 

078 0603884C BALLISTIC MISSILE DEFENSE SENSORS .......................................................................................................... 636,856 5,000 641,856 

Airborne infrared surveillance technology ............................................................................................................. [5,000 ] 

079 0603886C BALLISTIC MISSILE DEFENSE SYSTEM INTERCEPTOR 080 0603888C BALLISTIC MISSILE DEFENSE TEST & TARGETS .......................................................................................... 966,752 966,752 081 0603890C BMD ENABLING PROGRAMS ................................................................................................................................... 369,145 369,145 082 0603891C SPECIAL PROGRAMS—MDA .................................................................................................................................... 301,566 301,566 083 0603892C AEGIS BMD ................................................................................................................................................................... 1,690,758 –30,000 1,660,758 

Excess to execution .................................................................................................................................................. [–30,000 ] 

084 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM ................................................................................................. 180,000 180,000 
970 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

085 0603894C MULTIPLE KILL VEHICLE 086 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS ....................................................................... 12,549 12,549 087 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATION. 340,014 340,014 

088 0603897C BALLISTIC MISSILE DEFENSE HERCULES ...................................................................................................... 48,186 48,186 089 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT ................................................................ 60,921 60,921 090 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) ..................................................... 86,949 86,949 091 0603906C REGARDING TRENCH ................................................................................................................................................ 6,164 6,164 092 0603907C SEA BASED X-BAND RADAR (SBX) ....................................................................................................................... 174,576 174,576 093 0603908C BMD EUROPEAN INTERCEPTOR SITE 094 0603909C BMD EUROPEAN MIDCOURSE RADAR 095 0603911C BMD EUROPEAN CAPABILITY ................................................................................................................................ 50,504 50,504 096 0603912C BMD EUROPEAN COMMUNICATIONS SUPPORT 097 0603913C ISRAELI COOPERATIVE PROGRAMS .................................................................................................................... 119,634 25,000 144,634 

Short-range ballistic missile defense ...................................................................................................................... [25,000 ] 

098 0603920D8Z HUMANITARIAN DEMINING .................................................................................................................................... 14,687 14,687 099 0603923D8Z COALITION WARFARE ............................................................................................................................................... 13,885 13,885 100 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ..................................................................................... 4,887 3,500 8,387 

Corrosion control research ...................................................................................................................................... [3,500 ] 

101 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DEVELOPMENT. 55,289 55,289 

102 0604648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ................................................................................. 18,577 18,577 103 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) RESEARCH AND ENGINEERING 7,006 7,006 104 0604787D8Z JOINT SYSTEMS INTEGRATION COMMAND (JSIC) .......................................................................................... 19,744 50,000 69,744 

Systems engineering and prototyping program ................................................................................................... [50,000 ] 

105 0604828D8Z JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM .................................................................... 16,972 16,972 106 0605017D8Z REDUCTION OF TOTAL OWNERSHIP COST ....................................................................................................... 24,647 24,647 107 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ....................................................................... 3,949 3,949 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, DEFENSEWIDE. 7,438,177 55,500 7,493,677 
971 

† HR 2647 EAS 

SYSTEM DEVELOPMENT & DEMONSTRATION 

108 0604051D8Z DEFENSE ACQUISITION CHALLENGE PROGRAM (DACP) ............................................................................. 28,862 28,862 

109 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD ............................... 7,628 7,628 110 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT .............................................................................. 166,913 166,913 111 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ....................................................................................... 332,895 332,895 112 0604709D8Z JOINT ROBOTICS PROGRAM ................................................................................................................................... 5,127 5,127 113 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITS–JPO) ................................................................ 39,911 39,911 114 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) ........................................................... 20,633 20,633 115 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES ...................................................................... 8,735 8,735 116 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ................................................................................................. 11,705 11,705 117 0605018BTA DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (DIMHRS) ...................................... 70,000 70,000 118 0605020BTA BUSINESS TRANSFORMATION AGENCY R&D ACTIVITIES ............................................................................ 197,008 197,008 119 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ............................................................................................ 395 395 120 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES .......................................................................................................... 5,000 5,000 121 0605140D8Z TRUSTED FOUNDRY .................................................................................................................................................. 41,223 41,223 122 0605648D8Z DEFENSE ACQUISITION EXECUTIVE (DAE) PILOT PROGRAM ................................................................... 4,267 4,267 123 0303141K GLOBAL COMBAT SUPPORT SYSTEM ................................................................................................................... 18,431 18,431 124 0303158K JOINT COMMAND AND CONTROL PROGRAM (JC2) .......................................................................................... 49,047 49,047 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, DEFENSE-WIDE ................. 1,007,780 1,007,780 

RDT&E MANAGEMENT SUPPORT 

125 0807708D8Z WOUNDED ILL AND INJURED SENIOR OVERSIGHT COMMITTEE (WII–SOC) STAFF OFFICE ......... 1,609 1,609 126 0603757D8Z TRAINING TRANSFORMATION (T2) 127 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) .................................................................................... 13,121 13,121 

128 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ......................................................................................... 15,247 15,247 129 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) ........................................... 145,052 4,000 149,052 

SAM hardware simulators ..................................................................................................................................... [4,000 ] 

130 0604943D8Z THERMAL VICAR ......................................................................................................................................................... 9,045 9,045 131 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) ...................................................................... 9,455 9,455 132 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ............................................................................................ 44,760 44,760 133 0605110D8Z USD (A&T)—CRITICAL TECHNOLOGY SUPPORT ............................................................................................. 4,914 4,914 134 0605117D8Z FOREIGN MATERIAL ACQUISITION AND EXPLOITATION ............................................................................. 94,921 94,921 135 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) ...................................... 96,909 96,909 136 0605128D8Z CLASSIFIED PROGRAM USD(P) 
972 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

137 0605130D8Z FOREIGN COMPARATIVE TESTING ....................................................................................................................... 35,054 35,054 138 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ....................................................................................................... 6,474 6,474 139 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION .................................................................... 14,916 14,916 140 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ................................................................................................ 5,888 5,888 141 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ....................................................................................... 106,477 106,477 142 0605502BR SMALL BUSINESS INNOVATION RESEARCH 143 0605502C SMALL BUSINESS INNOVATIVE RESEARCH—MDA 144 0605502D8Z SMALL BUSINESS INNOVATIVE RESEARCH 145 0605502E SMALL BUSINESS INNOVATIVE RESEARCH 146 0605502S SMALL BUSINESS INNOVATIVE RESEARCH 147 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH/CHALLENGE ADMINISTRATION ....................................... 2,163 3,000 5,163 

Anti-tamper software systems ................................................................................................................................ [3,000 ] 

148 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ..................................................................................................................... 11,005 11,005 149 0605798S DEFENSE TECHNOLOGY ANALYSIS 150 0605799D8Z FORCE TRANSFORMATION DIRECTORATE ........................................................................................................ 19,981 19,981 151 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ................................................................................. 54,411 54,411 152 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION .................................................. 19,554 19,554 153 0605804D8Z DEVELOPMENT TEST AND EVALUATION ........................................................................................................... 23,512 23,512 154 0605897E DARPA AGENCY RELOCATION ................................................................................................................................ 45,000 45,000 155 0605898E MANAGEMENT HQ—R&D ......................................................................................................................................... 51,055 51,055 156 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ............................................................................................................ 5,929 5,929 157 0606301D8Z AVIATION SAFETY TECHNOLOGIES ..................................................................................................................... 8,000 8,000 158 0204571J JOINT STAFF ANALYTICAL SUPPORT .................................................................................................................. 1,250 1,250 159 0301555G CLASSIFIED PROGRAMS .......................................................................................................................................... [ ] [ ] 160 0301556G SPECIAL PROGRAM .................................................................................................................................................... [ ] [ ] 161 0303166D8Z SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ................................................................. 30,604 30,604 162 0303169D8Z INFORMATION TECHNOLOGY RAPID ACQUISITION ....................................................................................... 4,667 4,667 163 0305103E CYBER SECURITY INITIATIVE ............................................................................................................................... 50,000 –19,600 30,400 

Program decrease .................................................................................................................................................... [–19,600 ] 

164 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ............................................................... 20,648 20,648 165 0305193G INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ............................................................... [ ] [ ] 
973 

† HR 2647 EAS 

166 0305400D8Z WARFIGHTING AND INTELLIGENCE-RELATED SUPPORT ........................................................................... 829 829 167 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2) ................................... 34,306 34,306 168 0901585C PENTAGON RESERVATION ...................................................................................................................................... 19,709 19,709 169 0901598C MANAGEMENT HQ—MDA ......................................................................................................................................... 57,403 57,403 170 0901598D8W IT SOFTWARE DEV INITIATIVES ........................................................................................................................... 980 980 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT, DEFENSE-WIDE ............................................. 1,064,848 –12,600 1,052,248 OPERATIONAL SYSTEMS DEVELOPMENT 

171 0604130V DEFENSE INFORMATION SYSTEM FOR SECURITY (DISS) ........................................................................... 1,384 1,384 

172 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION 

MANA.

2,001 2,001 

173 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS) ..................... 292 292 174 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) ........................ 6,198 6,198 175 0607828D8Z JOINT INTEGRATION AND INTEROPERABILITY .............................................................................................. 46,214 46,214 176 0204571J JOINT STAFF ANALYTICAL SUPPORT 177 0208043J CLASSIFIED PROGRAMS .......................................................................................................................................... 2,179 2,179 178 0208045K C4I INTEROPERABILITY ........................................................................................................................................... 74,786 74,786 180 0301144K JOINT/ALLIED COALITION INFORMATION SHARING ..................................................................................... 10,767 10,767 181 0301301L GENERAL DEFENSE INTELLIGENCE PROGRAM ............................................................................................. [ ] [ ] 182 0301318BB HUMINT (CONTROLLED) .......................................................................................................................................... [ ] [ ] 183 0301371G CYBER SECURITY INITIATIVE—CCP .................................................................................................................... [ ] [ ] 184 0301372L CYBER SECURITY INITIATIVE—GDIP ................................................................................................................. [ ] [ ] 185 0301555BZ CLASSIFIED PROGRAMS .......................................................................................................................................... [ ] [ ] 186 0301556BZ SPECIAL PROGRAM .................................................................................................................................................... [ ] [ ] 187 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT .......................................................................... 548 548 188 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION ................................................. 17,655 17,655 

189 0303126K LONG-HAUL COMMUNICATIONS—DCS ................................................................................................................ 9,406 9,406 190 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ....................................... 9,830 9,830 191 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ................................................................................................................ 8,116 8,116 192 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) .................................................................................................. 41,002 41,002 193 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ............................................................................................... 13,477 13,477 194 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ............................................................................................... 408,316 1,800 410,116 

Software assurance courseware .............................................................................................................................. [1,800 ] 

195 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 196 0303148K DISA MISSION SUPPORT OPERATIONS ............................................................................................................... 1,205 1,205 
974 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

197 0303149J C4I FOR THE WARRIOR ............................................................................................................................................ 4,098 4,098 198 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ..................................................................................................... 23,761 23,761 199 0303153K JOINT SPECTRUM CENTER ..................................................................................................................................... 18,944 18,944 200 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) ............................................................................................... 1,782 1,782 201 0303260D8Z JOINT MILITARY DECEPTION INITIATIVE ......................................................................................................... 942 942 202 0303610K TELEPORT PROGRAM ............................................................................................................................................... 5,239 5,239 203 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES .............................................................................................. 16,381 16,381 204 0304345BQ NATIONAL GEOSPATIAL-INTELLIGENCE PROGRAM (NGP) .......................................................................... [ ] [ ] 206 0305103D8Z CYBER SECURITY INITIATIVE ............................................................................................................................... 993 993 207 0305103G CYBER SECURITY INITIATIVE ............................................................................................................................... [ ] [ ] 208 0305103K CYBER SECURITY INITIATIVE ............................................................................................................................... 10,080 10,080 209 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) ........................................................................................... 12,725 12,725 210 0305127BZ FOREIGN COUNTERINTELLIGENCE ACTIVITIES 211 0305127L FOREIGN COUNTERINTELLIGENCE ACTIVITIES ............................................................................................. [ ] [ ] 212 0305146BZ DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES .............................................................................. [ ] [ ] 213 0305146L DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES .............................................................................. [ ] [ ] 214 0305183L DEFENSE HUMAN INTELLIGENCE (HUMINT) ACTIVITIES .......................................................................... [ ] [ ] 215 0305186D8Z POLICY R&D PROGRAMS .......................................................................................................................................... 6,948 –6,000 948 

Program reduction .................................................................................................................................................. [–6,000 ] 

216 0305193L INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) 217 0305199D8Z NET CENTRICITY ........................................................................................................................................................ 1,479 1,479 218 0305202G DRAGON U–2 ................................................................................................................................................................. [ ] [ ] 219 0305206G AIRBORNE RECONNAISSANCE SYSTEMS ........................................................................................................... [ ] [ ] 220 0305207G MANNED RECONNAISSANCE SYSTEMS 221 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................. 1,407 1,407 222 0305208BQ DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................. [ ] [ ] 223 0305208G DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................. [ ] [ ] 224 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................. 3,158 3,158 225 0305208L DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................. [ ] [ ] 226 0305219BB MQ–1 PREDATOR A UAV ........................................................................................................................................... 2,067 2,067 227 0305229G REAL-TIME ARCHITECTURE DEVELOPMENT (RT10) ..................................................................................... [ ] [ ] 
975 

† HR 2647 EAS 

228 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM ...................................................................... 2,963 2,963 229 0305600D8Z INTERNATIONAL INTELLIGENCE TECHNOLOGY ASSESSMENT, ADVANCEMENT AND INTEGRATION. 1,389 1,389 

230 0305866L DIA SUPPORT TO SOUTHCOM INTELLIGENCE ACTIVITIES 231 0305880L COMBATANT COMMAND INTELLIGENCE OPERATIONS 232 0305883L HARD AND DEEPLY BURIED TARGET (HDBT) INTEL SUPPORT .............................................................. [ ] [ ] 233 0305884L INTELLIGENCE PLANNING AND REVIEW ACTIVITIES ................................................................................... [ ] [4,000 ] [ ] 

Technology applications for security enhancement .............................................................................................. [4,000 ] 

235 0305889G COUNTERDRUG INTELLIGENCE SUPPORT 236 0307141G INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEV ............................................... [ ] [ ] 237 0307207G AERIAL COMMON SENSOR (ACS) ........................................................................................................................... [ ] [ ] 238 0708011S INDUSTRIAL PREPAREDNESS ............................................................................................................................... 20,514 40,000 60,514 

Advanced microcircuit emulation .......................................................................................................................... [4,500 ] Castings for improved defense readiness ............................................................................................................... [3,000 ] Industrial Base Innovation Fund ......................................................................................................................... [30,000 ] Insensitive munitions manufacturing ................................................................................................................... [2,500 ] 

239 0708012S LOGISTICS SUPPORT ACTIVITIES ........................................................................................................................ 2,798 2,798 240 0902298J MANAGEMENT HEADQUARTERS (JCS) ............................................................................................................... 8,303 8,303 241 1001018D8Z NATO AGS ...................................................................................................................................................................... 74,485 74,485 242 1105219BB MQ–9 UAV ....................................................................................................................................................................... 4,380 4,380 243 1130435BB STORM 244 1160279BB SMALL BUSINESS INNOVATIVE RESEARCH/SMALL BUS TECH TRANSFER PILOT PROG 245 1160403BB SPECIAL OPERATIONS AVIATION SYSTEMS ADVANCED DEVELOPMENT ............................................... 82,621 82,621 

246 1160404BB SPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT ..................................................................... 6,182 6,182 247 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS DEVELOPMENT .......................................................... 21,273 5,000 26,273 

Long endurance unattended ground sensor technologies ...................................................................................... [5,000 ] 

248 1160408BB SOF OPERATIONAL ENHANCEMENTS ................................................................................................................. 60,310 60,310 249 1160421BB SPECIAL OPERATIONS CV–22 DEVELOPMENT .................................................................................................. 12,687 12,687 250 1160423BB JOINT MULTI-MISSION SUBMERSIBLE ............................................................................................................... 43,412 43,412 251 1160425BB SPECIAL OPERATIONS AIRCRAFT DEFENSIVE SYSTEMS 252 1160426BB OPERATIONS ADVANCED SEAL DELIVERY SYSTEM (ASDS) DEVELOPMENT ........................................ 1,321 1,321 253 1160427BB MISSION TRAINING AND PREPARATION SYSTEMS (MTPS) ......................................................................... 3,192 3,192 254 1160428BB UNMANNED VEHICLES (UV) 255 1160429BB MC130J SOF TANKER RECAPITALIZATION ........................................................................................................ 5,957 5,957 256 1160474BB SOF COMMUNICATIONS EQUIPMENT AND ELECTRONICS SYSTEMS ....................................................... 733 733 257 1160476BB SOF TACTICAL RADIO SYSTEMS ........................................................................................................................... 2,368 2,368 
976 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

258 1160477BB SOF WEAPONS SYSTEMS .......................................................................................................................................... 1,081 1,081 259 1160478BB SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS ................................................................................. 597 597 260 1160479BB SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS ................................................................ 3,369 3,369 261 1160480BB SOF TACTICAL VEHICLES ....................................................................................................................................... 1,973 1,973 262 1160482BB SOF ROTARY WING AVIATION ................................................................................................................................ 18,863 18,863 263 1160483BB SOF UNDERWATER SYSTEMS ................................................................................................................................ 3,452 3,452 264 1160484BB SOF SURFACE CRAFT ................................................................................................................................................ 12,250 12,250 265 1160488BB SOF PSYOP .................................................................................................................................................................... 9,887 9,887 266 1160489BB SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES .......................................................................................... 4,944 4,944 267 1160490BB SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE .................................................................................. 11,547 11,547 999 9999999 OTHER PROGRAMS .................................................................................................................................................... 4,273,689 4,000 4,277,689 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, DEFENSE-WIDE ........................... 5,459,920 44,800 5,504,720 

DARPA execution adjustment ............................................................................................................................ –150,000 –150,000 

Total, RDT&E Defense-Wide .............................................................................................................................. 20,741,542 –186,272 20,555,270 OPERATIONAL TEST & EVALUATION, DEFENSE 

001 0605118OTE OPERATIONAL TEST AND EVALUATION ............................................................................................................. 58,647 58,647 

002 0605131OTE LIVE FIRE TEST AND EVALUATION ..................................................................................................................... 12,285 12,285 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES .......................................................................................... 119,838 119,838 

Total, Operational Test & Evaluation, Defense ...................................................................................... 190,770 190,770 TOTAL RDT&E ......................................................................................................................................................... 78,634,289 1,266,402 79,900,691 
977 

† HR 2647 EAS SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

RESEARCH, DEVELOPMENT, TEST & EVALUATION, ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 

075 0604270A ELECTRONIC WARFARE DEVELOPMENT ............................................................................................................. 18,598 18,598 

SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION, ARMY ......................................... 18,598 18,598 OPERATIONAL SYSTEMS DEVELOPMENT 

160 0301359A SPECIAL ARMY PROGRAM ......................................................................................................................................... [ ] [ ] 

161 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ...................................................................................................... 7,644 7,644 162 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ................................................................................................. 2,220 2,220 167 0305204A TACTICAL UNMANNED AERIAL VEHICLES .......................................................................................................... 29,500 29,500 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, ARMY ................................................... 39,364 39,364 TOTAL, RDT&E ARMY ........................................................................................................................................... 57,962 57,962 RESEARCH, DEVELOPMENT, TEST & EVALUATION, NAVY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 

027 0603216N AVIATION SURVIVABILITY ......................................................................................................................................... 8,000 8,000 

041 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ............................................................................................ 9,000 9,000 
978 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES, NAVY ............. 17,000 17,000 OPERATIONAL SYSTEMS DEVELOPMENT 

188 0301303N MARITIME INTELLIGENCE ........................................................................................................................................ [ ] [ ] 

189 0301323N COLLECTION MANAGEMENT ..................................................................................................................................... [ ] [ ] 190 0301327N TECHNICAL RECONNAISSANCE AND SURVEILLANCE ..................................................................................... [ ] [ ] 191 0301372N CYBER SECURITY INITIATIVE—GDIP ................................................................................................................... [ ] [ ] 203 0305207N MANNED RECONNAISSANCE SYSTEMS ................................................................................................................. 51,900 51,900 210 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...................................................................................................... 6,000 6,000 999 9999999 OTHER PROGRAMS ...................................................................................................................................................... 32,280 32,280 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, RDT&E ................................................ 90,180 90,180 TOTAL, RDT&E NAVY ............................................................................................................................................ 107,180 107,180 RESEARCH, DEVELOPMENT, TEST & EVALUATION, AIR FORCE BASIC RESEARCH 

004 0301555F CLASSIFIED PROGRAMS ............................................................................................................................................ [ ] [ ] 

005 0301556F SPECIAL PROGRAM ...................................................................................................................................................... [ ] [ ] 

SUBTOTAL, BASIC RESEARCH, AIR FORCE OPERATIONAL SYSTEMS DEVELOPMENT 

116 0605798F ANALYSIS SUPPORT GROUP ..................................................................................................................................... [ ] [ ] 

123 0101815F ADVANCED STRATEGIC PROGRAMS ....................................................................................................................... [ ] [ ] 128 0205219F MQ–9 UAV ......................................................................................................................................................................... 1,400 1,400 149 0207423F ADVANCED COMMUNICATIONS SYSTEMS ............................................................................................................. 9,375 9,375 150 0207424F EVALUATION AND ANALYSIS PROGRAM ............................................................................................................... [ ] [ ] 164 0208161F SPECIAL EVALUATION SYSTEM .............................................................................................................................. [ ] [ ] 
979 

† HR 2647 EAS 

165 0301310F NATIONAL AIR INTELLIGENCE CENTER .............................................................................................................. [ ] [ ] 166 0301314F COBRA BALL ................................................................................................................................................................... [ ] [ ] 167 0301315F MISSILE AND SPACE TECHNICAL COLLECTION ................................................................................................ [ ] [ ] 168 0301324F FOREST GREEN ............................................................................................................................................................. [ ] [ ] 169 0301386F GDIP COLLECTION MANAGEMENT .......................................................................................................................... [ ] [ ] 180 0304311F SELECTED ACTIVITIES .............................................................................................................................................. [ ] [ ] 181 0304348F ADVANCED GEOSPATIAL INTELLIGENCE (AGI) ................................................................................................. [ ] [ ] 188 0305124F SPECIAL APPLICATIONS PROGRAM ....................................................................................................................... [ ] [ ] 189 0305127F FOREIGN COUNTERINTELLIGENCE ACTIVITIES ............................................................................................... [ ] [ ] 191 0305142F APPLIED TECHNOLOGY AND INTEGRATION ....................................................................................................... [ ] [ ] 196 0305172F COMBINED ADVANCED APPLICATIONS ................................................................................................................. [ ] [ ] 206 0305219F MQ–1 PREDATOR A UAV ............................................................................................................................................. 1,400 1,400 999 9999999 OTHER PROGRAMS ...................................................................................................................................................... 17,111 17,111 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, AIR FORCE ....................................... 29,286 29,286 

TOTAL, RDT&E AIR FORCE ............................................................................................................................... 29,286 29,286 RESEARCH, DEVELOPMENT, TEST & EVALUATION, DEFENSE-WIDE RDT&E MANAGEMENT SUPPORT 

159 0301555G CLASSIFIED PROGRAMS ............................................................................................................................................ [ ] [ ] 

160 0301556G SPECIAL PROGRAM ...................................................................................................................................................... [ ] [ ] 165 0305193G INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ................................................................. [ ] [ ] 

SUBTOTAL, RDT&E MANAGEMENT SUPPORT, DEFENSE-WIDE OPERATIONAL SYSTEMS DEVELOPMENT 

181 0301301L GENERAL DEFENSE INTELLIGENCE PROGRAM ................................................................................................ [ ] [ ] 

182 0301318BB HUMINT (CONTROLLED) ............................................................................................................................................ [ ] [ ] 183 0301371G CYBER SECURITY INITIATIVE—CCP ...................................................................................................................... [ ] [ ] 184 0301372L CYBER SECURITY INITIATIVE—GDIP ................................................................................................................... [ ] [ ] 185 0301555BZ CLASSIFIED PROGRAMS ............................................................................................................................................ [ ] [ ] 186 0301556BZ SPECIAL PROGRAM ...................................................................................................................................................... [ ] [ ] 198 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ....................................................................................................... 2,750 2,750 
980 

† HR 2647 EAS 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Line Program Element Item FY 2010 Request Senate Change Senate Authorized 

204 0304345BQ NATIONAL GEOSPATIAL-INTELLIGENCE PROGRAM (NGP) ............................................................................ [ ] [ ] 207 0305103G CYBER SECURITY INITIATIVE ................................................................................................................................. [ ] [ ] 211 0305127L FOREIGN COUNTERINTELLIGENCE ACTIVITIES ............................................................................................... [ ] [ ] 212 0305146BZ DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ................................................................................ [ ] [ ] 213 0305146L DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ................................................................................ [ ] [ ] 214 0305183L DEFENSE HUMAN INTELLIGENCE (HUMINT) ACTIVITIES ............................................................................ [ ] [ ] 218 0305202G DRAGON U–2 ................................................................................................................................................................... [ ] [ ] 219 0305206G AIRBORNE RECONNAISSANCE SYSTEMS .............................................................................................................. [ ] [ ] 221 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................... [ ] [ ] 222 0305208BQ DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................... [ ] [ ] 223 0305208G DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................... [ ] [ ] 225 0305208L DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ................................................................................... [ ] [ ] 226 0305219BB MQ–1 PREDATOR A UAV ............................................................................................................................................. [ ] [ ] 227 0305229G REAL-TIME ARCHITECTURE DEVELOPMENT (RT10) ....................................................................................... [ ] [ ] 231 0305880L COMBATANT COMMAND INTELLIGENCE OPERATIONS ................................................................................... [ ] [ ] 232 0305883L HARD AND DEEPLY BURIED TARGET (HDBT) INTEL SUPPORT ................................................................ [ ] [ ] 233 0305884L INTELLIGENCE PLANNING AND REVIEW ACTIVITIES ..................................................................................... [ ] [ ] 236 0307141G INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEV ................................................. [ ] [ ] 237 0307207G AERIAL COMMON SENSOR (ACS) ............................................................................................................................. [ ] [ ] 999 9999999 OTHER PROGRAMS ...................................................................................................................................................... 113,076 113,076 

SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT, DEFENSE-WIDE ............................. 115,826 115,826 

Total, RDT&E Defense-Wide ................................................................................................................................ 115,826 115,826 TOTAL RDT&E ........................................................................................................................................................... 310,254 310,254 
981 

† HR 2647 EAS 

TITLE XLIII—OPERATION AND MAINTENANCE 

SEC. 4301. OPERATION AND MAINTENANCE. 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

Operation and Maintenance, Army 
982 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

BUDGET ACTIVITY 01: OPERATING FORCES LAND FORCES 

2020 010 MANEUVER UNITS ............................................................................................................................................................ 1,020,490 1,020,490 

2020 020 MODULAR SUPPORT BRIGADES .................................................................................................................................. 105,178 105,178 2020 030 ECHELONS ABOVE BRIGADE ........................................................................................................................................ 708,038 708,038 2020 040 THEATER LEVEL ASSETS .............................................................................................................................................. 718,233 718,233 2020 050 LAND FORCES OPERATIONS SUPPORT ..................................................................................................................... 1,379,529 1,379,529 2020 060 AVIATION ASSETS ............................................................................................................................................................. 850,750 850,750 

LAND FORCES READINESS 

2020 070 FORCE READINESS OPERATIONS SUPPORT ........................................................................................................... 2,088,233 8,000 2,096,233 

Generation III extended cold weather clothing system ............................................................................................... [8,000 ] 

2020 080 LAND FORCES SYSTEMS READINESS ........................................................................................................................ 633,704 633,704 2020 090 LAND FORCES DEPOT MAINTENANCE ...................................................................................................................... 692,601 692,601 

LAND FORCES READINESS SUPPORT 

2020 100 BASE OPERATIONS SUPPORT ...................................................................................................................................... 7,586,455 7,586,455 

2020 110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION ................................................................... 2,221,446 2,221,446 2020 120 MANAGEMENT AND OPERATIONAL HQ ..................................................................................................................... 333,119 333,119 2020 130 COMBATANT COMMANDERS CORE OPERATIONS ................................................................................................... 123,163 123,163 2020 170 COMBATANT COMMANDERS ANCILLARY MISSIONS ............................................................................................. 460,159 460,159 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 18,921,098 8,000 18,929,098 BUDGET ACTIVITY 02: MOBILIZATION MOBILITY OPERATIONS 

2020 180 STRATEGIC MOBILITY .................................................................................................................................................... 228,376 228,376 

2020 190 ARMY PREPOSITIONING STOCKS ................................................................................................................................ 98,129 98,129 2020 200 INDUSTRIAL PREPAREDNESS ..................................................................................................................................... 5,705 5,705 
983 

† HR 2647 EAS 

TOTAL, BA 02: MOBILIZATION ............................................................................................................................ 332,210 332,210 BUDGET ACTIVITY 03: TRAINING AND RECRUITING ACCESSION TRAINING 

2020 210 OFFICER ACQUISITION ................................................................................................................................................... 125,615 125,615 

2020 220 RECRUIT TRAINING ......................................................................................................................................................... 87,488 87,488 2020 230 ONE STATION UNIT TRAINING ..................................................................................................................................... 59,302 59,302 2020 240 SENIOR RESERVE OFFICERS TRAINING CORPS .................................................................................................... 449,397 449,397 

BASIC SKILL/ADVANCE TRAINING 

2020 250 SPECIALIZED SKILL TRAINING .................................................................................................................................. 970,777 970,777 

Rule of law increase ...................................................................................................................................................... [500 ] 

2020 260 FLIGHT TRAINING ............................................................................................................................................................ 843,893 843,893 2020 270 PROFESSIONAL DEVELOPMENT EDUCATION ......................................................................................................... 166,812 166,812 2020 280 TRAINING SUPPORT ......................................................................................................................................................... 702,031 702,031 

RECRUITING/OTHER TRAINING 

2020 290 RECRUITING AND ADVERTISING ................................................................................................................................ 541,852 541,852 

2020 300 EXAMINING ......................................................................................................................................................................... 147,915 147,915 2020 310 OFF-DUTY AND VOLUNTARY EDUCATION ................................................................................................................ 238,353 238,353 2020 320 CIVILIAN EDUCATION AND TRAINING ....................................................................................................................... 217,386 217,386 2020 330 JUNIOR ROTC ..................................................................................................................................................................... 156,904 156,904 

TOTAL, BA 03: TRAINING AND RECRUITING ............................................................................................. 4,707,725 4,707,725 

BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SECURITY PROGRAMS 

2020 340 SECURITY PROGRAMS ..................................................................................................................................................... 1,017,055 1,017,055 

LOGISTICS OPERATIONS 

2020 350 SERVICEWIDE TRANSPORTATION .............................................................................................................................. 540,249 540,249 

2020 360 CENTRAL SUPPLY ACTIVITIES .................................................................................................................................... 614,093 614,093 2020 370 LOGISTIC SUPPORT ACTIVITIES ................................................................................................................................. 481,318 481,318 
984 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

2020 380 AMMUNITION MANAGEMENT ........................................................................................................................................ 434,661 434,661 

SERVICEWIDE SUPPORT 

2020 390 ADMINISTRATION ............................................................................................................................................................. 776,866 776,866 

2020 400 SERVICEWIDE COMMUNICATIONS .............................................................................................................................. 1,166,491 1,166,491 2020 410 MANPOWER MANAGEMENT ........................................................................................................................................... 289,383 289,383 2020 420 OTHER PERSONNEL SUPPORT .................................................................................................................................... 221,779 221,779 2020 430 OTHER SERVICE SUPPORT ........................................................................................................................................... 993,852 993,852 2020 440 ARMY CLAIMS ACTIVITIES ............................................................................................................................................ 215,168 215,168 2020 450 REAL ESTATE MANAGEMENT ....................................................................................................................................... 118,785 118,785 

SUPPORT OF OTHER NATIONS 

2020 460 SUPPORT OF NATO OPERATIONS ............................................................................................................................... 430,449 430,449 

2020 470 MISC. SUPPORT OF OTHER NATIONS ........................................................................................................................ 13,700 13,700 

Unobligated balances ..................................................................................................................................................... [–350,000 ] –350,000 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 7,313,849 –350,000 6,963,849 

2020 Total Operation and Maintenance, Army ......................................................................................................... 31,274,882 –342,000 30,932,882 

Operation and Maintenance, Navy BUDGET ACTIVITY 01: OPERATING FORCES AIR OPERATIONS 

1804 010 MISSION AND OTHER FLIGHT OPERATIONS .......................................................................................................... 3,814,000 3,814,000 

1804 020 FLEET AIR TRAINING ...................................................................................................................................................... 120,868 120,868 1804 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ................................................................................. 52,259 52,259 1804 040 AIR OPERATIONS AND SAFETY SUPPORT ............................................................................................................... 121,649 121,649 
985 

† HR 2647 EAS 

1804 050 AIR SYSTEMS SUPPORT ................................................................................................................................................. 485,321 485,321 1804 060 AIRCRAFT DEPOT MAINTENANCE .............................................................................................................................. 1,057,747 195,000 1,252,747 

Aviation depot maintenance increase .......................................................................................................................... [195,000 ] 

1804 070 AIRCRAFT DEPOT OPERATIONS SUPPORT .............................................................................................................. 32,083 32,083 

SHIP OPERATIONS 

1804 080 MISSION AND OTHER SHIP OPERATIONS ............................................................................................................... 3,320,222 3,320,222 

1804 090 SHIP OPERATIONS SUPPORT & TRAINING .............................................................................................................. 699,581 699,581 1804 100 SHIP DEPOT MAINTENANCE ......................................................................................................................................... 4,296,544 768,850 5,065,394 

Ship depot maintenance increase ................................................................................................................................ [200,000 ] Transfer to Base ............................................................................................................................................................ [568,850 ] 

1804 110 SHIP DEPOT OPERATIONS SUPPORT ........................................................................................................................ 1,170,785 1,170,785 

COMBAT OPERATIONS/SUPPORT 

1804 120 COMBAT COMMUNICATIONS .......................................................................................................................................... 601,595 601,595 

1804 130 ELECTRONIC WARFARE ................................................................................................................................................. 86,019 86,019 1804 140 SPACE SYSTEMS AND SURVEILLANCE ..................................................................................................................... 167,050 167,050 1804 150 WARFARE TACTICS .......................................................................................................................................................... 407,674 407,674 1804 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ........................................................................................ 315,228 315,228 1804 170 COMBAT SUPPORT FORCES .......................................................................................................................................... 758,789 758,789 1804 180 EQUIPMENT MAINTENANCE ......................................................................................................................................... 186,794 186,794 1804 190 DEPOT OPERATIONS SUPPORT ................................................................................................................................... 3,305 3,305 1804 200 COMBATANT COMMANDERS CORE OPERATIONS ................................................................................................... 167,789 167,789 1804 210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ................................................................................... 259,188 –7,000 252,188 

Reduction for National Program for Small Unit Excellence .................................................................................... [–7,000 ] 

WEAPONS SUPPORT 

1804 220 CRUISE MISSILE ............................................................................................................................................................... 131,895 131,895 

1804 230 FLEET BALLISTIC MISSILE .......................................................................................................................................... 1,145,020 1,145,020 1804 240 IN-SERVICE WEAPONS SYSTEMS SUPPORT ............................................................................................................ 64,731 64,731 1804 250 WEAPONS MAINTENANCE .............................................................................................................................................. 448,777 12,000 460,777 

Gun depot overhauls ...................................................................................................................................................... [12,000 ] 

1804 260 OTHER WEAPON SYSTEMS SUPPORT ........................................................................................................................ 326,535 326,535 

BASE SUPPORT 

1804 270 ENTERPRISE INFORMATION ......................................................................................................................................... 1,095,587 1,095,587 
986 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

1804 280 SUSTAINMENT, RESTORATION AND MODERNIZATION ....................................................................................... 1,746,418 1,746,418 1804 290 BASE OPERATING SUPPORT ......................................................................................................................................... 4,058,046 4,058,046 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 27,141,499 968,850 28,110,349 BUDGET ACTIVITY 02: MOBILIZATION READY RESERVE AND PREPOSITIONING FORCES 

1804 300 SHIP PREPOSITIONING AND SURGE ......................................................................................................................... 407,977 407,977 

ACTIVATIONS/INACTIVATIONS 

1804 310 AIRCRAFT ACTIVATIONS/INACTIVATIONS ................................................................................................................ 7,491 7,491 

1804 320 SHIP ACTIVATIONS/INACTIVATIONS .......................................................................................................................... 192,401 192,401 

MOBILIZATION PREPAREDNESS 

1804 330 FLEET HOSPITAL PROGRAM ........................................................................................................................................ 24,546 24,546 

1804 340 INDUSTRIAL READINESS ............................................................................................................................................... 2,409 2,409 1804 350 COAST GUARD SUPPORT ................................................................................................................................................ 25,727 25,727 

TOTAL, BA 02: MOBILIZATION ............................................................................................................................ 660,551 660,551 BUDGET ACTIVITY 03: TRAINING AND RECRUITING ACCESSION TRAINING 

1804 360 OFFICER ACQUISITION ................................................................................................................................................... 145,027 145,027 

1804 370 RECRUIT TRAINING ......................................................................................................................................................... 11,011 11,011 1804 380 RESERVE OFFICERS TRAINING CORPS .................................................................................................................... 127,490 127,490 

BASIC SKILLS AND ADVANCED TRAINING 

1804 390 SPECIALIZED SKILL TRAINING .................................................................................................................................. 477,383 850 478,233 

Naval strike air warfare center training .................................................................................................................... [850 ] 
987 

† HR 2647 EAS 

1804 400 FLIGHT TRAINING ............................................................................................................................................................ 1,268,846 1,268,846 1804 410 PROFESSIONAL DEVELOPMENT EDUCATION ......................................................................................................... 161,922 161,922 1804 420 TRAINING SUPPORT ......................................................................................................................................................... 158,685 158,685 

RECRUITING, AND OTHER TRAINING AND EDUCATION 

1804 430 RECRUITING AND ADVERTISING ................................................................................................................................ 276,564 276,564 

1804 440 OFF-DUTY AND VOLUNTARY EDUCATION ................................................................................................................ 154,979 154,979 1804 450 CIVILIAN EDUCATION AND TRAINING ....................................................................................................................... 101,556 101,556 1804 460 JUNIOR ROTC ..................................................................................................................................................................... 49,161 49,161 

TOTAL, BA 03: TRAINING AND RECRUITING ............................................................................................. 2,932,624 850 2,933,474 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SERVICEWIDE SUPPORT 

1804 470 ADMINISTRATION ............................................................................................................................................................. 768,048 768,048 

1804 480 EXTERNAL RELATIONS .................................................................................................................................................. 6,171 6,171 1804 490 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ..................................................................................... 114,675 114,675 1804 500 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................................... 182,115 182,115 1804 510 OTHER PERSONNEL SUPPORT .................................................................................................................................... 298,729 298,729 1804 520 SERVICEWIDE COMMUNICATIONS .............................................................................................................................. 408,744 408,744 

LOGISTICS OPERATIONS AND TECHNICAL SUPPORT 

1804 540 SERVICEWIDE TRANSPORTATION .............................................................................................................................. 246,989 246,989 

1804 560 PLANNING, ENGINEERING AND DESIGN .................................................................................................................. 244,337 244,337 1804 570 ACQUISITION AND PROGRAM MANAGEMENT ......................................................................................................... 778,501 778,501 1804 580 HULL, MECHANICAL AND ELECTRICAL SUPPORT ............................................................................................... 60,223 60,223 1804 590 COMBAT/WEAPONS SYSTEMS ....................................................................................................................................... 17,328 17,328 1804 600 SPACE AND ELECTRONIC WARFARE SYSTEMS ..................................................................................................... 79,065 79,065 

INVESTIGATIONS AND SECURITY PROGRAMS 

1804 610 NAVAL INVESTIGATIVE SERVICE ................................................................................................................................ 515,989 515,989 

SUPPORT OF OTHER NATIONS 

1804 670 INTERNATIONAL HEADQUARTERS AND AGENCIES ............................................................................................. 5,918 5,918 
988 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

OTHER PROGRAMS 

1804 999 OTHER PROGRAMS .......................................................................................................................................................... 608,840 608,840 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 4,335,672 4,335,672 

Unobligated balances ......................................................................................................................................... [–150,000 ] –150,000 

1804 Total Operation and Maintenance, Navy ......................................................................................................... 35,070,346 819,700 35,890,046 1804 

Operation and Maintenance, Marine Corps BUDGET ACTIVITY 01: OPERATING FORCES EXPEDITIONARY FORCES 

1106 010 OPERATIONAL FORCES .................................................................................................................................................. 730,931 11,000 741,931 

Advanced load bearing equipment ............................................................................................................................... [3,000 ] Family of shelter and tents .......................................................................................................................................... [3,000 ] Cold weather layering system ....................................................................................................................................... [5,000 ] 

1106 020 FIELD LOGISTICS ............................................................................................................................................................. 591,020 591,020 1106 030 DEPOT MAINTENANCE .................................................................................................................................................... 80,971 80,971 

USMC PREPOSITIONING 

1106 050 MARITIME PREPOSITIONING ........................................................................................................................................ 72,182 72,182 

1106 060 NORWAY PREPOSITIONING ........................................................................................................................................... 5,090 5,090 

BASE SUPPORT 

1106 080 SUSTAINMENT, RESTORATION, & MODERNIZATION ............................................................................................ 666,330 666,330 

1106 090 BASE OPERATING SUPPORT ......................................................................................................................................... 2,250,191 2,250,191 
989 

† HR 2647 EAS 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 4,396,715 11,000 4,407,715 BUDGET ACTIVITY 03: TRAINING AND RECRUITING ACCESSION TRAINING 

1106 100 RECRUIT TRAINING ......................................................................................................................................................... 16,129 16,129 

1106 110 OFFICER ACQUISITION ................................................................................................................................................... 418 418 

BASIC SKILLS AND ADVANCED TRAINING 

1106 120 SPECIALIZED SKILL TRAINING .................................................................................................................................. 67,336 67,336 

1106 130 FLIGHT TRAINING ............................................................................................................................................................ 369 369 1106 140 PROFESSIONAL DEVELOPMENT EDUCATION ......................................................................................................... 28,112 28,112 1106 150 TRAINING SUPPORT ......................................................................................................................................................... 330,885 330,885 

RECRUITING AND OTHER TRAINING EDUCATION 

1106 160 RECRUITING AND ADVERTISING ................................................................................................................................ 240,832 240,832 

1106 170 OFF-DUTY AND VOLUNTARY EDUCATION ................................................................................................................ 64,254 64,254 1106 180 JUNIOR ROTC ..................................................................................................................................................................... 19,305 19,305 

TOTAL, BA 03: TRAINING AND RECRUITING ............................................................................................. 767,640 767,640 

BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SERVICEWIDE SUPPORT 

1106 210 SPECIAL SUPPORT ........................................................................................................................................................... 299,065 299,065 

1106 220 SERVICEWIDE TRANSPORTATION .............................................................................................................................. 28,924 28,924 1106 230 ADMINISTRATION ............................................................................................................................................................. 43,879 43,879 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 371,868 371,868 

1106 Total Operation and Maintenance, Marine Corps ....................................................................................... 5,536,223 11,000 5,547,223 1106 1106 

Operation and Maintenance, Air Force 
990 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

BUDGET ACTIVITY 01: OPERATING FORCES AIR OPERATIONS 

3400 010 PRIMARY COMBAT FORCES ........................................................................................................................................... 4,017,156 4,017,156 

3400 020 COMBAT ENHANCEMENT FORCES .............................................................................................................................. 2,754,563 2,754,563 3400 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ....................................................................................... 1,414,913 1,414,913 3400 050 DEPOT MAINTENANCE .................................................................................................................................................... 2,389,738 2,389,738 3400 060 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 1,420,083 1,420,083 3400 070 BASE SUPPORT .................................................................................................................................................................. 2,859,943 3,500 2,863,443 

Mission essential airfield operations equipment ......................................................................................................... [3,500 ] 

COMBAT RELATED OPERATIONS 

3400 080 GLOBAL C3I AND EARLY WARNING ............................................................................................................................ 1,411,813 1,411,813 

3400 090 OTHER COMBAT OPS SPT PROGRAMS ...................................................................................................................... 880,353 3,000 883,353 

National security space institute ................................................................................................................................. [3,000 ] 

3400 110 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ........................................................................................... 552,148 –13,000 539,148 

Program decrease for Gorgon Stare ............................................................................................................................. [–13,000 ] 

SPACE OPERATIONS 

3400 120 LAUNCH FACILITIES ....................................................................................................................................................... 356,367 356,367 

3400 130 SPACE CONTROL SYSTEMS ........................................................................................................................................... 725,646 725,646 

COCOM 

3400 140 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ................................................................................... 608,796 608,796 

3400 150 COMBATANT COMMANDERS CORE OPERATIONS ................................................................................................... 216,073 216,073 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 19,607,592 –6,500 19,601,092 

BUDGET ACTIVITY 02: MOBILIZATION MOBILITY OPERATIONS 
991 

† HR 2647 EAS 

3400 160 AIRLIFT OPERATIONS ..................................................................................................................................................... 2,932,080 2,932,080 3400 170 MOBILIZATION PREPAREDNESS ................................................................................................................................. 211,858 211,858 3400 180 DEPOT MAINTENANCE .................................................................................................................................................... 332,226 332,226 3400 190 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 362,954 362,954 3400 200 BASE SUPPORT .................................................................................................................................................................. 657,830 657,830 

TOTAL, BA 02: MOBILIZATION ............................................................................................................................ 4,496,948 4,496,948 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING ACCESSION TRAINING 

3400 210 OFFICER ACQUISITION ................................................................................................................................................... 120,870 120,870 

3400 220 RECRUIT TRAINING ......................................................................................................................................................... 18,135 18,135 3400 230 RESERVE OFFICERS TRAINING CORPS (ROTC) ..................................................................................................... 88,414 88,414 3400 240 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 372,788 372,788 3400 250 BASE SUPPORT .................................................................................................................................................................. 685,029 685,029 

BASIC SKILLS AND ADVANCED TRAINING 

3400 260 SPECIALIZED SKILL TRAINING .................................................................................................................................. 514,048 514,048 

3400 270 FLIGHT TRAINING ............................................................................................................................................................ 833,005 833,005 3400 280 PROFESSIONAL DEVELOPMENT EDUCATION ......................................................................................................... 215,676 215,676 3400 290 TRAINING SUPPORT ......................................................................................................................................................... 118,877 118,877 3400 300 DEPOT MAINTENANCE .................................................................................................................................................... 576 576 

RECRUITING, AND OTHER TRAINING AND EDUCATION 

3400 320 RECRUITING AND ADVERTISING ................................................................................................................................ 152,983 152,983 

3400 330 EXAMINING ......................................................................................................................................................................... 5,584 5,584 3400 340 OFF-DUTY AND VOLUNTARY EDUCATION ................................................................................................................ 188,198 188,198 3400 350 CIVILIAN EDUCATION AND TRAINING ....................................................................................................................... 174,151 174,151 3400 360 JUNIOR ROTC ..................................................................................................................................................................... 67,549 67,549 

TOTAL, BA 03: TRAINING AND RECRUITING ............................................................................................. 3,555,883 3,555,883 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES LOGISTICS OPERATIONS 
992 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

3400 370 LOGISTICS OPERATIONS ................................................................................................................................................ 1,055,672 1,055,672 3400 380 TECHNICAL SUPPORT ACTIVITIES ............................................................................................................................. 735,036 735,036 3400 400 DEPOT MAINTENANCE .................................................................................................................................................... 15,411 15,411 3400 410 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 359,562 359,562 3400 420 BASE SUPPORT .................................................................................................................................................................. 1,410,097 1,410,097 

SERVICEWIDE ACTIVITIES 

3400 430 ADMINISTRATION ............................................................................................................................................................. 646,080 646,080 

3400 440 SERVICEWIDE COMMUNICATIONS .............................................................................................................................. 581,951 581,951 3400 450 OTHER SERVICEWIDE ACTIVITIES ............................................................................................................................ 1,062,803 1,062,803 3400 460 CIVIL AIR PATROL ............................................................................................................................................................ 22,433 22,433 

SECURITY PROGRAMS 

3400 470 SECURITY PROGRAMS ..................................................................................................................................................... 1,148,704 1,148,704 

SUPPORT TO OTHER NATIONS 

3400 480 INTERNATIONAL SUPPORT ........................................................................................................................................... 49,987 49,987 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 7,087,736 7,087,736 

Overstatement of civilian pay ...................................................................................................................................... [–538,100 ] –538,100 Unobligated balances ..................................................................................................................................................... [–150,000 ] –150,000 

3400 Total Operation and Maintenance, Air Force ................................................................................................ 34,748,159 –694,600 34,053,559 

3400 

Operation and Maintenance, Defense-wide BUDGET ACTIVITY 1: OPERATING FORCES 
993 

† HR 2647 EAS 

DEFENSEWIDE ACTIVITIES 

0100 010 JOINT CHIEFS OF STAFF ............................................................................................................................................... 457,169 457,169 

0100 020 SPECIAL OPERATIONS COMMAND .............................................................................................................................. 3,611,492 3,611,492 

TOTAL, BUDGET ACTIVITY 1: ............................................................................................................................... 4,068,661 4,068,661 

BUDGET ACTIVITY 3: TRAINING AND RECRUITING DEFENSEWIDE ACTIVITIES 

0100 030 DEFENSE ACQUISITION UNIVERSITY ....................................................................................................................... 115,497 115,497 

RECRUITING AND OTHER TRAINING EDUCATION 

0100 040 NATIONAL DEFENSE UNIVERSITY .............................................................................................................................. 103,408 103,408 

TOTAL, BUDGET ACTIVITY 3: ............................................................................................................................... 218,905 218,905 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES DEFENSEWIDE ACTIVITIES 

0100 060 CIVIL MILITARY PROGRAMS ......................................................................................................................................... 132,231 132,231 

0100 090 DEFENSE BUSINESS TRANSFORMATION AGENCY ................................................................................................ 139,579 139,579 0100 100 DEFENSE CONTRACT AUDIT AGENCY ....................................................................................................................... 458,316 458,316 0100 120 DEFENSE HUMAN RESOURCES ACTIVITY ............................................................................................................... 665,743 665,743 0100 130 DEFENSE INFORMATION SYSTEMS AGENCY .......................................................................................................... 1,322,163 1,322,163 0100 150 DEFENSE LEGAL SERVICES ......................................................................................................................................... 42,532 42,532 0100 160 DEFENSE LOGISTICS AGENCY ..................................................................................................................................... 405,873 405,873 0100 170 DEFENSE MEDIA ACTIVITY ........................................................................................................................................... 253,667 253,667 0100 180 DEFENSE POW/MIA OFFICE .......................................................................................................................................... 20,679 20,679 0100 190 DEFENSE TECHNOLOGY SECURITY AGENCY ......................................................................................................... 34,325 34,325 0100 200 DEFENSE THREAT REDUCTION AGENCY ................................................................................................................ 385,453 385,453 0100 210 DEPARTMENT OF DEFENSE EDUCATION AGENCY ............................................................................................... 2,302,116 5,000 2,307,116 

Family support for military children with autism .................................................................................................... [5,000 ] 

0100 220 DEFENSE CONTRACT MANAGEMENT AGENCY ....................................................................................................... 1,058,721 1,058,721 0100 230 DEFENSE SECURITY COOPERATION AGENCY ........................................................................................................ 721,756 721,756 0100 240 DEFENSE SECURITY SERVICE ..................................................................................................................................... 497,857 497,857 0100 260 OFFICE OF ECONOMIC ADJUSTMENT ........................................................................................................................ 37,166 37,166 
994 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

0100 270 OFFICE OF THE SECRETARY OF DEFENSE ............................................................................................................ 1,955,985 35,000 1,990,985 

Readiness and environmental protection initiative ................................................................................................... [25,000 ] Director of operational energy plans and programs .................................................................................................. [5,000 ] Acceleration of Defense Readiness Reporting System ................................................................................................ [5,000 ] 

0100 280 WASHINGTON HEADQUARTERS SERVICE ............................................................................................................... 589,309 589,309 

OTHER PROGRAMS 

0100 999 OTHER PROGRAMS .......................................................................................................................................................... 13,046,209 13,046,209 

TOTAL, BUDGET ACTIVITY 4: ............................................................................................................................... 24,069,680 40,000 24,109,680 

Impact aid ..................................................................................................................................................................... [30,000 ] 30,000 Impact aid for children with severe disabilities ......................................................................................................... [5,000 ] 5,000 Special assistance to local education agencies ............................................................................................................ [10,000 ] 10,000 Undistributed Bulk Fuel Adjustment .......................................................................................................................... [–596,249 ] –596,249 Decrease for software licenses ....................................................................................................................................... [–50,000 ] –50,000 Unobligated balances ..................................................................................................................................................... [–150,000 ] –150,000 

0100 Total Operation and Maintenance, Defense-Wide ........................................................................................ 28,357,246 –711,249 27,645,997 0100 0100 0100 

Operation and Maintenance, Army Reserve BUDGET ACTIVITY 01: OPERATING FORCES LAND FORCES 

2080 010 MANEUVER UNITS ............................................................................................................................................................ 1,403 1,403 2080 020 MODULAR SUPPORT BRIGADES .................................................................................................................................. 12,707 12,707 2080 030 ECHELONS ABOVE BRIGADE ........................................................................................................................................ 468,288 468,288 2080 040 THEATER LEVEL ASSETS .............................................................................................................................................. 152,439 152,439 
995 

† HR 2647 EAS 

2080 050 LAND FORCES OPERATIONS SUPPORT ..................................................................................................................... 520,420 520,420 2080 060 AVIATION ASSETS ............................................................................................................................................................. 61,063 61,063 

LAND FORCES READINESS 

2080 070 FORCE READINESS OPERATIONS SUPPORT ........................................................................................................... 290,443 290,443 

2080 080 LAND FORCES SYSTEMS READINESS ........................................................................................................................ 106,569 3,600 110,169 

Mobile corrosion protection ........................................................................................................................................... [3,600 ] 

2080 090 LAND FORCES DEPOT MAINTENANCE ...................................................................................................................... 94,499 94,499 

LAND FORCES READINESS SUPPORT 

2080 100 BASE OPERATIONS SUPPORT ...................................................................................................................................... 522,310 522,310 

2080 110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION ................................................................... 234,748 234,748 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 2,464,889 3,600 2,468,489 LOGISTICS OPERATIONS 

2080 130 SERVICEWIDE TRANSPORTATION .............................................................................................................................. 9,291 9,291 

SERVICEWIDE SUPPORT 

2080 140 ADMINISTRATION ............................................................................................................................................................. 72,075 72,075 

2080 150 SERVICEWIDE COMMUNICATIONS .............................................................................................................................. 3,635 3,635 2080 160 MANPOWER MANAGEMENT ........................................................................................................................................... 9,104 9,104 2080 170 RECRUITING AND ADVERTISING ................................................................................................................................ 61,202 61,202 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 155,307 155,307 

2080 Total Operation and Maintenance, Army Reserve ....................................................................................... 2,620,196 3,600 2,623,796 2080 2080 

Operation and Maintenance, Navy Reserve BUDGET ACTIVITY 01: OPERATING FORCES AIR OPERATIONS 

1806 010 MISSION AND OTHER FLIGHT OPERATIONS .......................................................................................................... 570,319 570,319 
996 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

1806 020 INTERMEDIATE MAINTENANCE .................................................................................................................................. 16,596 16,596 1806 030 AIR OPERATIONS AND SAFETY SUPPORT ............................................................................................................... 3,171 3,171 1806 040 AIRCRAFT DEPOT MAINTENANCE .............................................................................................................................. 125,004 125,004 1806 050 AIRCRAFT DEPOT OPERATIONS SUPPORT .............................................................................................................. 397 397 

SHIP OPERATIONS 

1806 060 MISSION AND OTHER SHIP OPERATIONS ............................................................................................................... 55,873 55,873 

1806 070 SHIP OPERATIONS SUPPORT & TRAINING .............................................................................................................. 592 592 1806 080 SHIP DEPOT MAINTENANCE ......................................................................................................................................... 41,899 41,899 

COMBAT OPERATIONS SUPPORT 

1806 090 COMBAT COMMUNICATIONS .......................................................................................................................................... 15,241 15,241 

1806 100 COMBAT SUPPORT FORCES .......................................................................................................................................... 142,924 142,924 

WEAPONS SUPPORT 

1806 110 WEAPONS MAINTENANCE .............................................................................................................................................. 5,494 5,494 

BASE SUPPORT 

1806 120 ENTERPRISE INFORMATION ......................................................................................................................................... 83,611 83,611 

1806 130 SUSTAINMENT, RESTORATION AND MODERNIZATION ....................................................................................... 69,853 69,853 1806 140 BASE OPERATING SUPPORT ......................................................................................................................................... 124,757 124,757 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 1,255,731 1,255,731 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SERVICEWIDE SUPPORT 

1806 150 ADMINISTRATION ............................................................................................................................................................. 3,323 3,323 

1806 160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................................... 13,897 13,897 1806 170 SERVICEWIDE COMMUNICATIONS .............................................................................................................................. 1,957 1,957 
997 

† HR 2647 EAS 

LOGISTICS OPERATIONS AND TECHNICAL SUPPORT 

1806 190 ACQUISITION AND PROGRAM MANAGEMENT ......................................................................................................... 3,593 3,593 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 22,770 22,770 

1806 Total Operation and Maintenance, Navy Reserve ........................................................................................ 1,278,501 1,278,501 1806 1806 

Operation and Maintenance, Marine Corps Reserve BUDGET ACTIVITY 01: OPERATING FORCES EXPEDITIONARY FORCES 

1107 010 OPERATING FORCES ........................................................................................................................................................ 61,117 61,117 1107 020 DEPOT MAINTENANCE .................................................................................................................................................... 13,217 13,217 1107 030 TRAINING SUPPORT ......................................................................................................................................................... 29,373 29,373 

BASE SUPPORT 

1107 040 SUSTAINMENT, RESTORATION AND MODERNIZATION ....................................................................................... 25,466 25,466 

1107 050 BASE OPERATING SUPPORT ......................................................................................................................................... 73,899 73,899 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 203,072 203,072 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SERVICEWIDE ACTIVITIES 

1107 060 SPECIAL SUPPORT ........................................................................................................................................................... 5,639 5,639 

1107 070 SERVICEWIDE TRANSPORTATION .............................................................................................................................. 818 818 1107 080 ADMINISTRATION ............................................................................................................................................................. 10,642 10,642 1107 090 RECRUITING AND ADVERTISING ................................................................................................................................ 8,754 8,754 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 25,853 25,853 

1107 Total Operation and Maintenance, Marine Corps Reserve ..................................................................... 228,925 228,925 
998 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

1107 1107 

Operation and Maintenance, Air Force Reserve BUDGET ACTIVITY 01: OPERATING FORCES AIR OPERATIONS 

3740 010 PRIMARY COMBAT FORCES ........................................................................................................................................... 2,049,303 2,049,303 3740 020 MISSION SUPPORT OPERATIONS ................................................................................................................................ 121,417 121,417 3740 030 DEPOT MAINTENANCE .................................................................................................................................................... 441,958 441,958 3740 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 78,763 78,763 3740 050 BASE SUPPORT .................................................................................................................................................................. 258,091 258,091 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 2,949,532 2,949,532 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SERVICEWIDE ACTIVITIES 

3740 060 ADMINISTRATION ............................................................................................................................................................. 77,476 77,476 

3740 070 RECRUITING AND ADVERTISING ................................................................................................................................ 24,553 24,553 3740 080 MILITARY MANPOWER AND PERS MGMT (ARPC) .................................................................................................. 20,838 20,838 3740 090 OTHER PERS SUPPORT (DISABILITY COMP) .......................................................................................................... 6,121 6,121 3740 100 AUDIOVISUAL ..................................................................................................................................................................... 708 708 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 129,696 129,696 

3740 Total Operation and Maintenance, Air Force Reserve ............................................................................... 3,079,228 3,079,228 3740 3740 

Operation and Maintenance, Army National Guard 
999 

† HR 2647 EAS 

BUDGET ACTIVITY 01: OPERATING FORCES LAND FORCES 

2065 010 MANEUVER UNITS ............................................................................................................................................................ 876,269 876,269 

2065 020 MODULAR SUPPORT BRIGADES .................................................................................................................................. 173,843 173,843 2065 030 ECHELONS ABOVE BRIGADE ........................................................................................................................................ 615,160 615,160 2065 040 THEATER LEVEL ASSETS .............................................................................................................................................. 253,997 253,997 2065 050 LAND FORCES OPERATIONS SUPPORT ..................................................................................................................... 34,441 34,441 2065 060 AVIATION ASSETS ............................................................................................................................................................. 819,031 819,031 

LAND FORCES READINESS 

2065 070 FORCE READINESS OPERATIONS SUPPORT ........................................................................................................... 436,799 436,799 

2065 080 LAND FORCES SYSTEMS READINESS ........................................................................................................................ 99,757 3,600 103,357 

Mobile corrosion protection ........................................................................................................................................... [3,600 ] 

2065 090 LAND FORCES DEPOT MAINTENANCE ...................................................................................................................... 379,646 379,646 

LAND FORCES READINESS SUPPORT 

2065 100 BASE OPERATIONS SUPPORT ...................................................................................................................................... 798,343 798,343 

2065 110 FACILITIES SUSTAINMENT, RESTORATION, & MODERNIZATION ................................................................... 580,171 580,171 2065 120 MANAGEMENT AND OPERATIONAL HQ ..................................................................................................................... 573,452 573,452 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 5,640,909 3,600 5,644,509 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SERVICEWIDE SUPPORT 

2065 140 ADMINISTRATION ............................................................................................................................................................. 119,186 119,186 

2065 150 SERVICEWIDE COMMUNICATIONS .............................................................................................................................. 48,020 48,020 2065 160 MANPOWER MANAGEMENT ........................................................................................................................................... 7,920 7,920 2065 170 RECRUITING AND ADVERTISING ................................................................................................................................ 440,999 440,999 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 616,125 616,125 

2065 Total Operation and Maintenance, Army National Guard ..................................................................... 6,257,034 3,600 6,260,634 
1000 

† HR 2647 EAS 

OPERATION AND MAINTENANCE 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

2065 2065 

Operation and Maintenance, Air National Guard BUDGET ACTIVITY 01: OPERATING FORCES AIR OPERATIONS 

3840 010 AIRCRAFT OPERATIONS ................................................................................................................................................. 3,347,685 2,700 3,350,385 

Controlled humidity protection .................................................................................................................................... [2,700 ] 

3840 020 MISSION SUPPORT OPERATIONS ................................................................................................................................ 779,917 779,917 3840 030 DEPOT MAINTENANCE .................................................................................................................................................... 780,347 780,347 3840 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 302,949 302,949 3840 050 BASE SUPPORT .................................................................................................................................................................. 606,916 606,916 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 5,817,814 2,700 5,820,514 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SERVICEWIDE ACTIVITIES 

3840 060 ADMINISTRATION ............................................................................................................................................................. 35,174 35,174 

3840 070 RECRUITING AND ADVERTISING ................................................................................................................................ 32,773 32,773 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 67,947 67,947 

3840 Total Operation and Maintenance, Air National Guard ......................................................................... 5,885,761 2,700 5,888,461 3840 

MISCELLANEOUS APPROPRIATIONS 

0104 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ....................................................................... 13,932 13,932 0111 010 ACQUISITION WORKFORCE DEVELOPMENT FUND ............................................................................................... 100,000 100,000 0819 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ..................................................................................... 109,869 109,869 0134 010 COOPERATIVE THREAT REDUCTION ......................................................................................................................... 404,093 20,000 424,093 
1001 

† HR 2647 EAS 

Program increase ........................................................................................................................................................... [20,000 ] 

0810 020 ENVIRONMENTAL RESTORATION, ARMY .................................................................................................................. 415,864 415,864 0810 030 ENVIRONMENTAL RESTORATION, NAVY ................................................................................................................... 285,869 285,869 0810 040 ENVIRONMENTAL RESTORATION, AIR FORCE ....................................................................................................... 494,276 494,276 0810 050 ENVIRONMENTAL RESTORATION, DEFENSE .......................................................................................................... 11,100 11,100 0811 060 ENVIRONMENTAL RESTORATION FORMERLY USED SITES .............................................................................. 267,700 267,700 0118 070 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND ............................................................................... 5,000 5,000 

TOTAL, MISCELLANEOUS APPROPRIATIONS ........................................................................................... 2,107,703 20,000 2,127,703 

TOTAL TITLE III—OPERATION AND MAINTENANCE ........................................................................... 156,444,204 –887,249 155,556,955 

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS. 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

Operation and Maintenance, Army BUDGET ACTIVITY 01: OPERATING FORCES 

2020 140 ADDITIONAL ACTIVITIES ............................................................................................................................................... 36,330,899 36,330,899 

2020 150 COMMANDERS EMERGENCY RESPONSE PROGRAM ............................................................................................. 1,500,000 –100,000 1,400,000 

Program decrease ...................................................................................................................................................... [–100,000 ] 

2020 160 RESET ................................................................................................................................................................................... 7,867,551 7,867,551 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 45,698,450 –100,000 45,598,450 
1002 

† HR 2647 EAS 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SECURITY PROGRAMS 

2020 340 SECURITY PROGRAMS ..................................................................................................................................................... 1,426,309 1,426,309 

LOGISTICS OPERATIONS 

2020 350 SERVICEWIDE TRANSPORTATION .............................................................................................................................. 5,045,902 5,045,902 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 6,472,211 6,472,211 

2020 Total Operation and Maintenance, Army ......................................................................................................... 52,170,661 –100,000 52,070,661 

Operation and Maintenance, Navy BUDGET ACTIVITY 01: OPERATING FORCES AIR OPERATIONS 

1804 010 MISSION AND OTHER FLIGHT OPERATIONS .......................................................................................................... 1,138,398 1,138,398 

1804 020 FLEET AIR TRAINING ...................................................................................................................................................... 2,640 2,640 1804 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ................................................................................. 1,212 1,212 1804 040 AIR OPERATIONS AND SAFETY SUPPORT ............................................................................................................... 26,815 26,815 1804 050 AIR SYSTEMS SUPPORT ................................................................................................................................................. 44,532 44,532 1804 060 AIRCRAFT DEPOT MAINTENANCE .............................................................................................................................. 158,559 158,559 

SHIP OPERATIONS 

1804 080 MISSION AND OTHER SHIP OPERATIONS ............................................................................................................... 651,209 651,209 

1804 090 SHIP OPERATIONS SUPPORT & TRAINING .............................................................................................................. 22,489 22,489 1804 100 SHIP DEPOT MAINTENANCE ......................................................................................................................................... 1,001,037 –568,850 432,187 

Transfer from OCO ................................................................................................................................................... [–568,850 ] 
1003 

† HR 2647 EAS 

COMBAT OPERATIONS/SUPPORT 

1804 120 COMBAT COMMUNICATIONS .......................................................................................................................................... 20,704 20,704 

1804 150 WARFARE TACTICS .......................................................................................................................................................... 15,918 15,918 1804 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ........................................................................................ 16,889 16,889 1804 170 COMBAT SUPPORT FORCES .......................................................................................................................................... 1,891,799 1,891,799 1804 180 EQUIPMENT MAINTENANCE ......................................................................................................................................... 306 306 1804 200 COMBATANT COMMANDERS CORE OPERATIONS ................................................................................................... 6,929 6,929 1804 210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ................................................................................... 7,344 7,344 

WEAPONS SUPPORT 

1804 240 IN-SERVICE WEAPONS SYSTEMS SUPPORT ............................................................................................................ 68,759 68,759 

1804 250 WEAPONS MAINTENANCE .............................................................................................................................................. 82,496 82,496 1804 260 OTHER WEAPON SYSTEMS SUPPORT ........................................................................................................................ 16,902 16,902 

BASE SUPPORT 

1804 280 SUSTAINMENT, RESTORATION AND MODERNIZATION ....................................................................................... 7,629 7,629 

1804 290 BASE OPERATING SUPPORT ......................................................................................................................................... 338,604 338,604 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 5,521,170 –568,850 4,952,320 BUDGET ACTIVITY 02: MOBILIZATION READY RESERVE AND PREPOSITIONING FORCES 

1804 300 SHIP PREPOSITIONING AND SURGE ......................................................................................................................... 27,290 27,290 

MOBILIZATION PREPAREDNESS 

1804 330 FLEET HOSPITAL PROGRAM ........................................................................................................................................ 4,336 4,336 

1804 350 COAST GUARD SUPPORT ................................................................................................................................................ 245,039 245,039 

TOTAL, BA 02: MOBILIZATION ............................................................................................................................ 276,665 276,665 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING BASIC SKILLS AND ADVANCED TRAINING 

1804 390 SPECIALIZED SKILL TRAINING .................................................................................................................................. 97,995 97,995 

1804 420 TRAINING SUPPORT ......................................................................................................................................................... 5,463 5,463 
1004 

† HR 2647 EAS 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

TOTAL, BA 03: TRAINING AND RECRUITING ............................................................................................. 103,458 103,458 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SERVICEWIDE SUPPORT 

1804 470 ADMINISTRATION ............................................................................................................................................................. 3,899 3,899 

1804 480 EXTERNAL RELATIONS .................................................................................................................................................. 463 463 1804 500 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ................................................................................... 563 563 1804 510 OTHER PERSONNEL SUPPORT .................................................................................................................................... 2,525 2,525 1804 520 SERVICEWIDE COMMUNICATIONS .............................................................................................................................. 23,557 23,557 

LOGISTICS OPERATIONS AND TECHNICAL SUPPORT 

1804 540 SERVICEWIDE TRANSPORTATION .............................................................................................................................. 223,890 223,890 

1804 570 ACQUISITION AND PROGRAM MANAGEMENT ......................................................................................................... 642 642 

INVESTIGATIONS AND SECURITY PROGRAMS 

1804 610 NAVAL INVESTIGATIVE SERVICE ................................................................................................................................ 37,452 37,452 

OTHER PROGRAMS 

1804 999 OTHER PROGRAMS .......................................................................................................................................................... 25,299 25,299 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 318,290 318,290 

1804 Total Operation and Maintenance, Navy ......................................................................................................... 6,219,583 –568,850 5,650,733 1804 

Operation and Maintenance, Marine Corps BUDGET ACTIVITY 01: OPERATING FORCES 
1005 

† HR 2647 EAS 

EXPEDITIONARY FORCES 

1106 010 OPERATIONAL FORCES .................................................................................................................................................. 2,048,844 2,048,844 

1106 020 FIELD LOGISTICS ............................................................................................................................................................. 486,014 486,014 1106 030 DEPOT MAINTENANCE .................................................................................................................................................... 554,000 554,000 

USMC PREPOSITIONING 

1106 060 NORWAY PREPOSITIONING ........................................................................................................................................... 950 950 

BASE SUPPORT 

1106 090 BASE OPERATING SUPPORT ......................................................................................................................................... 121,700 121,700 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 3,211,508 3,211,508 BUDGET ACTIVITY 03: TRAINING AND RECRUITING BASIC SKILLS AND ADVANCED TRAINING 

1106 120 SPECIALIZED SKILL TRAINING .................................................................................................................................. 6,303 6,303 

1106 140 PROFESSIONAL DEVELOPMENT EDUCATION ......................................................................................................... 923 923 1106 150 TRAINING SUPPORT ......................................................................................................................................................... 205,625 205,625 

TOTAL, BA 03: TRAINING AND RECRUITING ............................................................................................. 212,851 212,851 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES SERVICEWIDE SUPPORT 

1106 210 SPECIAL SUPPORT ........................................................................................................................................................... 2,576 2,576 

1106 220 SERVICEWIDE TRANSPORTATION .............................................................................................................................. 269,415 269,415 1106 230 ADMINISTRATION ............................................................................................................................................................. 5,250 5,250 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 277,241 277,241 

1106 Total Operation and Maintenance, Marine Corps ....................................................................................... 3,701,600 3,701,600 1106 1106 

Operation and Maintenance, Air Force 
1006 

† HR 2647 EAS 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

BUDGET ACTIVITY 01: OPERATING FORCES AIR OPERATIONS 

3400 010 PRIMARY COMBAT FORCES ........................................................................................................................................... 1,582,431 1,582,431 

3400 020 COMBAT ENHANCEMENT FORCES .............................................................................................................................. 1,460,018 1,460,018 3400 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ....................................................................................... 109,255 109,255 3400 050 DEPOT MAINTENANCE .................................................................................................................................................... 304,540 304,540 3400 060 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 121,881 121,881 3400 070 BASE SUPPORT .................................................................................................................................................................. 1,394,809 1,394,809 

COMBAT RELATED OPERATIONS 

3400 080 GLOBAL C3I AND EARLY WARNING ............................................................................................................................ 130,885 130,885 

3400 090 OTHER COMBAT OPS SPT PROGRAMS ...................................................................................................................... 407,554 407,554 

SPACE OPERATIONS 

3400 130 SPACE CONTROL SYSTEMS ........................................................................................................................................... 38,677 38,677 

COCOM 

3400 140 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ................................................................................... 157,000 157,000 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 5,707,050 5,707,050 BUDGET ACTIVITY 02: MOBILIZATION MOBILITY OPERATIONS 

3400 160 AIRLIFT OPERATIONS ..................................................................................................................................................... 3,171,148 3,171,148 

3400 170 MOBILIZATION PREPAREDNESS ................................................................................................................................. 169,659 169,659 3400 180 DEPOT MAINTENANCE .................................................................................................................................................... 167,070 167,070 3400 190 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 942 942 3400 200 BASE SUPPORT .................................................................................................................................................................. 45,998 45,998 
1007 

† HR 2647 EAS 

TOTAL, BA 02: MOBILIZATION ............................................................................................................................ 3,554,817 3,554,817 

BUDGET ACTIVITY 03: TRAINING AND RECRUITING ACCESSION TRAINING 

3400 240 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION .................................................................... 1,019 1,019 

3400 250 BASE SUPPORT .................................................................................................................................................................. 19,361 19,361 

BASIC SKILLS AND ADVANCED TRAINING 

3400 260 SPECIALIZED SKILL TRAINING .................................................................................................................................. 48,442 48,442 

3400 270 FLIGHT TRAINING ............................................................................................................................................................ 291 291 3400 280 PROFESSIONAL DEVELOPMENT EDUCATION ......................................................................................................... 1,500 1,500 3400 290 TRAINING SUPPORT ......................................................................................................................................................... 1,427 1,427 

TOTAL, BA 03: TRAINING AND RECRUITING ............................................................................................. 72,040 72,040 BUDGET ACTIVITY 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES LOGISTICS OPERATIONS 

3400 370 LOGISTICS OPERATIONS ................................................................................................................................................ 328,009 328,009 

3400 420 BASE SUPPORT .................................................................................................................................................................. 35,322 35,322 

SERVICEWIDE ACTIVITIES 

3400 430 ADMINISTRATION ............................................................................................................................................................. 9,000 9,000 

3400 440 SERVICEWIDE COMMUNICATIONS .............................................................................................................................. 178,470 178,470 

SECURITY PROGRAMS 

3400 470 SECURITY PROGRAMS ..................................................................................................................................................... 142,160 142,160 

TOTAL, BA 04: ADMINISTRATION & SERVICEWIDE ACTIVITIES .................................................. 692,961 692,961 

3400 Total Operation and Maintenance, Air Force ................................................................................................ 10,026,868 10,026,868 

3400 
1008 

† HR 2647 EAS 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

Operation and Maintenance, Defense-wide BUDGET ACTIVITY 1: OPERATING FORCES DEFENSEWIDE ACTIVITIES 

0100 010 JOINT CHIEFS OF STAFF ............................................................................................................................................... 25,000 25,000 

0100 020 SPECIAL OPERATIONS COMMAND .............................................................................................................................. 2,519,935 2,519,935 

TOTAL, BUDGET ACTIVITY 1: ............................................................................................................................... 2,544,935 2,544,935 

BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES DEFENSEWIDE ACTIVITIES 

0100 100 DEFENSE CONTRACT AUDIT AGENCY ....................................................................................................................... 13,908 13,908 

0100 130 DEFENSE INFORMATION SYSTEMS AGENCY .......................................................................................................... 245,117 245,117 0100 150 DEFENSE LEGAL SERVICES ......................................................................................................................................... 115,000 115,000 0100 170 DEFENSE MEDIA ACTIVITY ........................................................................................................................................... 13,364 13,364 0100 200 DEFENSE THREAT REDUCTION AGENCY ................................................................................................................ 2,018 2,018 0100 210 DEPARTMENT OF DEFENSE EDUCATION AGENCY ............................................................................................... 553,600 553,600 0100 220 DEFENSE CONTRACT MANAGEMENT AGENCY ....................................................................................................... 63,130 63,130 0100 230 DEFENSE SECURITY COOPERATION AGENCY ........................................................................................................ 1,950,000 1,950,000 0100 270 OFFICE OF THE SECRETARY OF DEFENSE ............................................................................................................ 79,047 79,047 

OTHER PROGRAMS 

0100 999 OTHER PROGRAMS .......................................................................................................................................................... 1,998,181 1,998,181 

TOTAL, BUDGET ACTIVITY 4: ............................................................................................................................... 5,033,365 5,033,365 

0100 Total Operation and Maintenance, Defense-Wide ........................................................................................ 7,578,300 7,578,300 0100 0100 
1009 

† HR 2647 EAS 

0100 

Operation and Maintenance, Army Reserve BUDGET ACTIVITY 01: OPERATING FORCES LAND FORCES 

2080 030 ECHELONS ABOVE BRIGADE ........................................................................................................................................ 86,881 86,881 2080 050 LAND FORCES OPERATIONS SUPPORT ..................................................................................................................... 40,675 40,675 

LAND FORCES READINESS 

2080 070 FORCE READINESS OPERATIONS SUPPORT ........................................................................................................... 21,270 21,270 

2080 080 LAND FORCES SYSTEMS READINESS ........................................................................................................................ 17,500 17,500 

LAND FORCES READINESS SUPPORT 

2080 100 BASE OPERATIONS SUPPORT ...................................................................................................................................... 38,000 38,000 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 204,326 204,326 

2080 Total Operation and Maintenance, Army Reserve ....................................................................................... 204,326 204,326 

2080 2080 

Operation and Maintenance, Navy Reserve BUDGET ACTIVITY 01: OPERATING FORCES AIR OPERATIONS 

1806 010 MISSION AND OTHER FLIGHT OPERATIONS .......................................................................................................... 26,673 26,673 1806 020 INTERMEDIATE MAINTENANCE .................................................................................................................................. 400 400 1806 040 AIRCRAFT DEPOT MAINTENANCE .............................................................................................................................. 3,600 3,600 

SHIP OPERATIONS 

1806 060 MISSION AND OTHER SHIP OPERATIONS ............................................................................................................... 7,416 7,416 

1806 080 SHIP DEPOT MAINTENANCE ......................................................................................................................................... 8,917 8,917 

COMBAT OPERATIONS SUPPORT 
1010 

† HR 2647 EAS 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

1806 090 COMBAT COMMUNICATIONS .......................................................................................................................................... 3,147 3,147 1806 100 COMBAT SUPPORT FORCES .......................................................................................................................................... 13,428 13,428 

BASE SUPPORT 

1806 140 BASE OPERATING SUPPORT ......................................................................................................................................... 4,478 4,478 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 68,059 68,059 

1806 Total Operation and Maintenance, Navy Reserve ........................................................................................ 68,059 68,059 1806 1806 

Operation and Maintenance, Marine Corps Reserve BUDGET ACTIVITY 01: OPERATING FORCES EXPEDITIONARY FORCES 

1107 010 OPERATING FORCES ........................................................................................................................................................ 77,849 77,849 

BASE SUPPORT 

1107 050 BASE OPERATING SUPPORT ......................................................................................................................................... 8,818 8,818 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 86,667 86,667 

1107 Total Operation and Maintenance, Marine Corps Reserve ..................................................................... 86,667 86,667 

1107 1107 

Operation and Maintenance, Air Force Reserve BUDGET ACTIVITY 01: OPERATING FORCES 
1011 

† HR 2647 EAS 

AIR OPERATIONS 

3740 010 PRIMARY COMBAT FORCES ........................................................................................................................................... 3,618 3,618 

3740 020 MISSION SUPPORT OPERATIONS ................................................................................................................................ 7,276 7,276 3740 030 DEPOT MAINTENANCE .................................................................................................................................................... 114,531 114,531 3740 050 BASE SUPPORT .................................................................................................................................................................. 500 500 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 125,925 125,925 

3740 Total Operation and Maintenance, Air Force Reserve ............................................................................... 125,925 125,925 3740 3740 

Operation and Maintenance, Army National Guard BUDGET ACTIVITY 01: OPERATING FORCES LAND FORCES 

2065 010 MANEUVER UNITS ............................................................................................................................................................ 89,666 89,666 2065 020 MODULAR SUPPORT BRIGADES .................................................................................................................................. 1,196 1,196 2065 030 ECHELONS ABOVE BRIGADE ........................................................................................................................................ 18,360 18,360 2065 040 THEATER LEVEL ASSETS .............................................................................................................................................. 380 380 2065 060 AVIATION ASSETS ............................................................................................................................................................. 59,357 59,357 

LAND FORCES READINESS 

2065 070 FORCE READINESS OPERATIONS SUPPORT ........................................................................................................... 94,458 94,458 

LAND FORCES READINESS SUPPORT 

2065 100 BASE OPERATIONS SUPPORT ...................................................................................................................................... 22,536 22,536 

2065 120 MANAGEMENT AND OPERATIONAL HQ ..................................................................................................................... 35,693 35,693 2065 130 ADDITIONAL ACTIVITIES ...............................................................................................................................................

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 321,646 321,646 

2065 Total Operation and Maintenance, Army National Guard ..................................................................... 321,646 321,646 
1012 

† HR 2647 EAS 

OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Account Line Item FY 2010 Request Senate Change Senate Authorized 

2065 2065 

Operation and Maintenance, Air National Guard BUDGET ACTIVITY 01: OPERATING FORCES AIR OPERATIONS 

3840 010 AIRCRAFT OPERATIONS ................................................................................................................................................. 103,259 103,259 3840 020 MISSION SUPPORT OPERATIONS ................................................................................................................................ 51,300 51,300 3840 030 DEPOT MAINTENANCE .................................................................................................................................................... 135,303 135,303 

TOTAL, BA 01: OPERATING FORCES ................................................................................................................ 289,862 289,862 

3840 Total Operation and Maintenance, Air National Guard ......................................................................... 289,862 289,862 3840 3840 

Afghanistan Security Forces Fund 

2091 010 INFRASTRUCTURE ........................................................................................................................................................... 868,320 868,320 2091 020 EQUIPMENT AND TRANSPORTATION ......................................................................................................................... 1,615,192 1,615,192 2091 030 TRAINING AND OPERATIONS ........................................................................................................................................ 272,998 272,998 2091 040 SUSTAINMENT ................................................................................................................................................................... 1,945,887 1,945,887 2091 060 INFRASTRUCTURE ........................................................................................................................................................... 605,584 605,584 2091 070 EQUIPMENT AND TRANSPORTATION ......................................................................................................................... 279,186 279,186 2091 080 TRAINING AND OPERATIONS ........................................................................................................................................ 648,217 648,217 2091 090 SUSTAINMENT ................................................................................................................................................................... 1,219,966 1,219,966 2091 120 SUSTAINMENT ................................................................................................................................................................... 5,919 5,919 2091 130 TRAINING AND OPERATIONS ........................................................................................................................................ 1,500 1,500 
1013 

† HR 2647 EAS 

2091 TOTAL, Afghanistan Security Forces Fund ..................................................................................................... 7,462,769 7,462,769 

Pakistan Counterinsurgency Capability Fund 

2095 INFRASTRUCTURE ........................................................................................................................................................... 41,970 [–41,970 ] 

2095 EQUIPMENT/TRANSPORTATION ................................................................................................................................... 397,907 [–397,907 ] 2095 TRAINING AND OPERATIONS ........................................................................................................................................ 67,953 [–67,953 ] 2095 INFRASTRUCTURE ........................................................................................................................................................... 73,000 [–73,000 ] 2095 EQUIPMENT/TRANSPORTATION ................................................................................................................................... 107,000 [–107,000 ] 2095 TRAINING AND OPERATIONS ........................................................................................................................................ 8,170 [–8,170 ] 2095 HUMANITARIAN ASSISTANCE ...................................................................................................................................... 4,000 [–4,000 ] 2095 TOTAL, Pakistan Counterinsurgency Capability Fund ............................................................................ 700,000 –700,000 

MISCELLANEOUS APPROPRIATIONS 

0141 080 IRAQ FREEDOM FUND .................................................................................................................................................... 115,300 115,300 

TOTAL, MISCELLANEOUS APPROPRIATIONS ........................................................................................... 115,300 115,300 

TOTAL TITLE III—OPERATION AND MAINTENANCE ........................................................................... 89,071,566 –1,368,850 87,702,716 

TITLE XLIV—OTHER AUTHORIZATIONS 

SEC. 4401. OTHER AUTHORIZATIONS. 
1014 

† HR 2647 EAS 

OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Item FY 2010 

Request 

Senate 

Change 

Senate 

Authorized 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS 

Defense Working Capital Funds .......... 141,388 141,388 

Defense Commissary Agency ................ 1,313,616 1,313,616 

NATIONAL DEFENSE SEALIFT FUND 

National Defense Sealift Fund ............ 1,642,758 –400,000 1,242,758 

T–AKE Program Reduction ...... [–400,000 ] 

DEFENSE COALITION SUPPORT FUND 

Defense Coalition Support Fund ......... 22,000 –22,000 

Total Revolving and Management Funds .................................. 3,119,762 –422,000 2,697,762 

MILITARY PROGRAMS 

DEFENSE HEALTH PROGRAM 

DEFENSE HEALTH PROGRAM— 

O&M .................................................. 26,967,919 26,000 26,993,919 

TRICARE Continuation Pending MEDICARE Eligibility .... [4,000 ] 

Reimbursement for exceptional 

travel under TRICARE ........... [10,000 ] 

TRICARE eligibility for Retired 

Reservists under the age of 60 [10,000 ] 

Expansion of survivor eligibility 

for the TRICARE dental program .......................................... [2,000 ] 

DEFENSE HEALTH PROGRAM— 

R&D ................................................... 613,102 –15,300 597,802 

Program Reduction (PE 

67100HP) .................................. [–10,000 ] 

Cancer Center of Excellence (PE 

63115HP) .................................. [–5,300 ] 

DEFENSE HEALTH PROGRAM— 

PROCUREMENT ............................ 322,142 322,142 

Total Defense Health Program ................................................ 27,903,163 10,700 27,913,863 

CHEMICAL AGENTS AND 

MUNITIONS DESTRUCTION 

CHEM DEMILITARIZATION— 

O&M .................................................. 1,146,802 1,146,802 

CHEM DEMILITARIZATION— 

RDT&E ............................................. 401,269 401,269 

CHEM DEMILITARIZATION— 

PROC ................................................ 12,689 12,689 

Total Chemical Agents 

and Munitions Destruction .......................................... 1,560,760 1,560,760 
1015 

† HR 2647 EAS 

OTHER AUTHORIZATIONS 

(In Thousands of Dollars) 

Item FY 2010 

Request 

Senate 

Change 

Senate 

Authorized 

DRUG INTERDICTION AND 

COUNTER-DRUG ACTIVITIES 

DRUG INTERDICTION AND 

COUNTER-DRUG ACTIVITIES, 

DEFENSE ........................................ 1,058,984 18,800 1,077,784 

High Priority National Guard 

Counterdrug Programs ............ [30,000 ] 

Mobile Sensor Barrier ................ [5,000 ] 

United States European Command (EUCOM) Counternarcotics Support (Project 

Code (PC) 9205) ....................... [–8,000 ] 

EUCOM Headquarters Support 

(PC2346) ................................... [–800 ] 

EUCOM Interagency Fusion 

Centers (PC2365) ..................... [–1,000 ] 

Relocatable Over-the HorizonRadar (PC3217) ....................... [–5,000 ] 

U.S. Special Operations Command Support to Combatant 

Commanders (PC6505) ............ [–200 ] 

EUCOM Counternarcotics Reserve Support (PC9215) .......... [–1,200 ] 

Total Drug Interdiction and 

Counter-Drug Activities ........ 1,058,984 18,800 1,077,784 

OFFICE OF THE INSPECTOR 

GENERAL 

OFFICE OF THE INSPECTOR 

GENERAL—O&M ........................... 271,444 15,000 286,444 

Second year growth plan ............ [15,000 ] 

OFFICE OF THE INSPECTOR 

GENERAL—PROCUREMENT ..... 1,000 1,000 2,000 

Second year growth plan ............ [1,000 ] 

Total Office of the Inspector 

General .......................................... 272,444 16,000 288,444 

TOTAL OTHER AUTHORIZATIONS ............................................. 33,915,113 –376,500 33,538,613 

Memorandum: Civil Program 

(non-defense) 

Armed Forces Retirement Home 

(Budget Function 600) ..................... 134,000 134,000 
1016 

† HR 2647 EAS 

SEC. 4402. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS. 
1017 

† HR 2647 EAS 

OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Item FY 2010 

Request 

Senate 

Change 

Senate 

Authorized 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS 

Defense Working Capital Funds .......... 396,915 396,915 

Total Revolving and Management Funds .................................. 396,915 396,915 

MILITARY PROGRAMS 

DEFENSE HEALTH PROGRAM 

DEFENSE HEALTH PROGRAM— 

O&M .................................................. 1,155,235 1,155,235 

Total Defense Health Program ................................................ 1,155,235 1,155,235 

DRUG INTERDICTION AND 

COUNTER-DRUG ACTIVITIES 

DRUG INTERDICTION AND 

COUNTER-DRUG ACTIVITIES, 

DEFENSE ........................................ 324,603 324,603 

Total Drug Interdiction and 

Counter-Drug Activities ........ 324,603 324,603 

OFFICE OF THE INSPECTOR 

GENERAL 

OFFICE OF THE INSPECTOR 

GENERAL—O&M ........................... 8,876 8,876 

Total Office of the Inspector 

General .......................................... 8,876 8,876 

TOTAL OTHER AUTHORIZATIONS ............................................. 1,885,629 1,885,629 
1018 

† HR 2647 EAS 

TITLE XLV—MILITARY CONSTRUCTION 

SEC. 4501. MILITARY CONSTRUCTION. 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

Air Force AK CLEAR AFS POWER PLANT FACILITY ...................................................................... 24,300 24,300 Air Force AK EIELSON AFB ARCTIC UTILIDORS—PHASE 11 ......................................................... 9,900 9,900 Air Force AK EIELSON AFB TAXIWAY LIGHTING ............................................................................... 3,450 3,450 Air Force AK ELMENDORF AFB RED FLAG ALASKA ADD/ALTER OPERATIONS CENTER ............ 3,100 3,100 Air Force AK ELMENDORF AFB F–22 WEAPONS LOAD TRAINING FACILITY .................................... 12,600 12,600 Def-Wide AK ELMENDORF AFB AEROMEDICAL SERVICES/MENTAL HEALTH CLINIC ................ 25,017 25,017 Army AK FORT RICHARDSON AIRBORNE SUSTAINMENT TRAINING COMPLEX .......................... 6,100 6,100 Army AK FORT RICHARDSON TRAINING AIDS CENTER ...................................................................... 2,050 2,050 Army AK FORT RICHARDSON WARRIOR IN TRANSITION COMPLEX ............................................... 43,000 43,000 Army AK FORT RICHARDSON COMBAT PISTOL RANGE ....................................................................... 4,900 4,900 Def-Wide AK FORT RICHARDSON HEALTH CLINIC ...................................................................................... 3,518 3,518 Army AK FORT WAINWRIGHT RAILHEAD COMPLEX ............................................................................. 26,000 26,000 Army AK FORT WAINWRIGHT AVIATION UNIT OPERATIONS COMPLEX ........................................ 19,000 19,000 Army AK FORT WAINWRIGHT AVIATION TASK FORCE COMPLEX, PH 1 ......................................... 125,000 125,000 Army AK FORT WAINWRIGHT WARRIOR IN TRANSITION COMPLEX ............................................... 28,000 28,000 ARNG AL FORT MC CLELLAN URBAN ASSAULT COURSE ................................................................... 3,000 3,000 Army AL REDSTONE ARSENAL GATE 7 ACCESS CONTROL POINT ...................................................... 3,550 3,550 Def-Wide AL REDSTONE ARSENAL MISSILE AND SPACE INTEL CENTER EOE COMPLEX ................ 12,000 12,000 Air Force AR LITTLE ROCK AFB C–130 FLIGHT SIMULATOR ADDITION ............................................. 5,800 5,800 Air Force AR LITTLE ROCK AFB SECURITY FORCES OPERATIONS FACILITY .................................. 10,400 10,400 Army AR PINE BLUFF ARSENAL FUSE & DETONATOR MAGAZINE, DEPOT LEVEL ........................ 25,000 25,000 ARNG AZ CAMP NAVAJO COMBAT PISTOL QUALIFICATION COURSE ................................... 3,000 3,000 Air Guard AZ DAVIS-MONTHAN AFB TFI–PREDATOR BEDDOWN–FOC ........................................................ 5,600 5,600 Air Force AZ DAVIS-MONTHAN AFB DORMITORY (144 RM) ............................................................................. 20,000 20,000 
1019 

† HR 2647 EAS 

Air Force AZ DAVIS-MONTHAN AFB CSAR HC–130J SIMULATOR FACILITY .............................................. 8,400 8,400 Air Force AZ DAVIS-MONTHAN AFB CSAR HC–130J RQS OPERATIONS FACILITY .................................. 8,700 8,700 Air Force AZ DAVIS-MONTHAN AFB CSAR HC–130J INFRASTRUCTURE .................................................... 4,800 4,800 Army AZ FORT HUACHUCA UAV ER/MPER/MP .................................................................................... 15,000 15,000 Army AZ FORT HUACHUCA BATTALION HEADQUARTERS UAV ................................................... 6,000 6,000 Naval Res AZ PHOENIX RESERVE CENTER MOVE TO LUKE AFB, NOSC PHOENIX ........ 10,986 10,986 Navy AZ YUMA AIRCRAFT MAINTENANCE HANGAR (PHASE 1) ............................ 27,050 27,050 Navy AZ YUMA AIRFIELD ELEC. DIST. AND CONTOL ............................................... 1,720 1,720 Naval Res CA ALAMEDA RESERVE TRAINING CENTER—ALAMEDA, CA .............................. 5,960 5,960 Navy CA BRIDGEPORT FIRE STATION—RENOVATION—MWTC ............................................ 4,460 4,460 Navy CA CAMP PENDLETON ANGLICO OPERATIONS COMPLEX ..................................................... 25,190 25,190 Navy CA CAMP PENDLETON RECON BN OPERATIONS COMPLEX .................................................. 77,660 77,660 Navy CA CAMP PENDLETON COMM/ELEC MAINTENANCE FACILITY ............................................ 13,170 13,170 Navy CA CAMP PENDLETON EXPANSION OF SRTTP TO 7.5 MGD ................................................... 55,180 55,180 Navy CA CAMP PENDLETON NORTH REGION TERTIARY TREATMENT PLANT (PH 1) ........... 142,330 142,330 Navy CA CAMP PENDLETON GAS/ELECTRICAL UPGRADES ............................................................. 51,040 51,040 Navy CA CAMP PENDLETON RECRUIT BARRACKS—SCHOOL OF INFANTRY ............................. 53,320 53,320 Navy CA CAMP PENDLETON ENLISTED DINING FACILITY .............................................................. 32,300 32,300 Navy CA CAMP PENDLETON RECRUIT BARRACKS—FIELD/K–SPAN ............................................ 23,200 23,200 Navy CA CAMP PENDLETON COMMUNICATIONS UPGRADES ........................................................... 79,492 79,492 Navy CA CAMP PENDLETON ELECTRICAL DISTRIBUTION SYSTEM ............................................. 76,950 76,950 Navy CA CAMP PENDLETON OPERATIONS ACCESS POINTS ............................................................ 12,740 12,740 Navy CA CAMP PENDLETON ENLISTED DINING FACILITY—EDSON RANGE ............................. 37,670 37,670 Navy CA CAMP PENDLETON BEQ .............................................................................................................. 39,610 39,610 Navy CA CAMP PENDLETON RECRUIT MARKSMANSHIP TRAINING FACILITY ......................... 13,730 13,730 Navy CA CAMP PENDLETON EXPAND COMBAT AIRCRAFT LOADING APRON ............................ 12,240 12,240 Navy CA CAMP PENDLETON AVIATION TRANSMITTER/RECEIVER SITE ..................................... 13,560 13,560 Navy CA CAMP PENDLETON WFTBN SUPPORT FACILITIES ............................................................ 15,780 15,780 USAR CA CAMP PENDLETON ARMY RESERVE CENTER ..................................................................... 19,500 19,500 Def-Wide CA CORONADO SOF CLOSE QUARTERS COMBAT TRAINING FACILITY .............. 15,722 15,722 Navy CA EDWARDS AIR FORCE BASE EDWARDS RAMP EXTENSION ............................................................. 3,007 3,007 Def-Wide CA EL CENTRO AIRCRAFT DIRECT FUELING STATION ........................................... 11,000 11,000 Army CA FORT IRWIN MOUT ASSAULT COURSE, PH 4 .......................................................... 9,500 9,500 ARNG CA FRESNO YOSEMITE IAP 144th SQUADRON OPERATIONS FACILITY ....................................... 9,900 9,900 ARNG CA LOS ALAMITOS READINESS CENTER PH1 .................................................................... 31,000 31,000 USAR CA LOS ANGELES ARMY RESERVE CENTER ..................................................................... 29,000 29,000 
1020 

† HR 2647 EAS 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

Navy CA MIRAMAR AIRCRAFT PARKING APRON MODIFICATION ................................. 9,280 9,280 Def-Wide CA POINT LOMA ANNEX REPLACE FUEL STORAGE FAC INCR 2 ............................................ 92,300 92,300 Navy CA POINT LOMA ANNEX PUBLIC WORKS SHOPS CONSOLIDATION ....................................... 8,730 8,730 Navy CA SAN DIEGO MESSHALL EXPANSION ........................................................................ 23,590 23,590 Air Guard CA SOCAL LOGISTICS AIRPORT TFI–PREDATOR BEDDOWN–FTU/LRE SITE .................................... 8,400 8,400 Air Force CA TRAVIS AFB CONSTRUCT KC–10 CARGO LOAD TRAINING FACILITY .............. 6,900 6,900 Def-Wide CA TRAVIS AFB REPLACE FUEL DISTRIBUTION SYSTEM ....................................... 15,357 15,357 Navy CA TWENTYNINE PALMS STATION COMM FACILITY AND INFRASTRUCTURE .................... 49,040 49,040 Navy CA TWENTYNINE PALMS SUB-STATION AND ELECTRICAL UPGRADES ................................ 31,310 31,310 Navy CA TWENTYNINE PALMS ELEC. INFRA. UPGRADE—34.5KV TO 115KV ................................... 46,220 46,220 Navy CA TWENTYNINE PALMS ELEC. POWER PLANT/CO-GEN/GAS TURBINE—N ......................... 53,260 53,260 Navy CA TWENTYNINE PALMS WATER IMPROVEMENTS AND STORAGE TANK ............................. 30,610 30,610 Navy CA TWENTYNINE PALMS SEWAGE SYSTEM IMP. AND LIFT STATION ................................... 5,800 5,800 Navy CA TWENTYNINE PALMS HTHW/CHILLED WATER SYSTEM ..................................................... 25,790 25,790 Navy CA TWENTYNINE PALMS NATURAL GAS SYSTEM EXTENSION ................................................ 19,990 19,990 Navy CA TWENTYNINE PALMS INDUSTRIAL WASTE WATER PRETREATMENT SYS. ................... 3,330 3,330 Navy CA TWENTYNINE PALMS LAYDOWN SITE WORK—NORTH MAINSIDE ................................... 21,740 21,740 Navy CA TWENTYNINE PALMS SECONDARY ELEC. DIST.—NORTH MAINSIDE ............................. 31,720 31,720 Navy CA TWENTYNINE PALMS CONSTRUCT ROADS—NORTH MAINSIDE ........................................ 29,360 29,360 Navy CA TWENTYNINE PALMS MAINT. SHOP—WHEELED ................................................................... 16,040 16,040 Navy CA TWENTYNINE PALMS MAINT. SUNSHADES—WHEELED ...................................................... 12,580 12,580 Navy CA TWENTYNINE PALMS COMM/ELECT MAINT/STORAGE .......................................................... 12,660 12,660 Navy CA TWENTYNINE PALMS DINING FACILITY—NORTH MAINSIDE ............................................ 17,200 17,200 Navy CA TWENTYNINE PALMS BEQ .............................................................................................................. 37,290 37,290 Navy CA TWENTYNINE PALMS MAINT. SHOP—TRACKED ..................................................................... 19,780 19,780 Navy CA TWENTYNINE PALMS BEQ .............................................................................................................. 37,290 37,290 Navy CA TWENTYNINE PALMS CONSOLIDATED ARMORY—TANKS .................................................... 12,670 12,670 Air Force CA VANDENBERG AFB CHILD DEVELOPMENT CENTER ........................................................ 13,000 13,000 Air Guard CO BUCKLEY ANG BASE ADD/ALTER WEAPONS RELEASE ...................................................... 4,500 4,500 USAR CO COLORADO SPRINGS ARMY RESERVE CENTER/LAND ......................................................... 13,000 13,000 Army CO FORT CARSON TRAINING AIDS CENTER ...................................................................... 18,500 18,500 Army CO FORT CARSON BRIGADE COMPLEX ................................................................................ 69,000 69,000 
1021 

† HR 2647 EAS 

Army CO FORT CARSON BRIGADE COMPLEX, PH 1 .................................................................... 102,000 –102,000 Army CO FORT CARSON RAILROAD TRACKS ................................................................................. 14,000 14,000 Army CO FORT CARSON WARRIOR IN TRANSITION (WT) COMPLEX ..................................... 56,000 56,000 Army CO FORT CARSON AUTOMATED QUALIFICATION TRAINING RANGE ........................ 11,000 11,000 Army CO FORT CARSON MODIFIED RECORD FIRE RANGE ..................................................... 4,450 –4,450 Army CO FORT CARSON AUTOMATED MULTIPURPOSE MACHINE GUN RANGE .............. 7,400 7,400 Army CO FORT CARSON SCOUT/RECCE GUNNERY COMPLEX ................................................. 16,000 16,000 Army CO FORT CARSON URBAN ASSAULT COURSE ................................................................... 3,100 –3,100 Army CO FORT CARSON CONVOY LIVE FIRE RANGE .................................................................. 6,500 6,500 Army CO FORT CARSON COMMISSARY ............................................................................................ 35,000 35,000 Army CO FORT CARSON BARRACKS & DINING, INCREMENT 2 ............................................... 60,000 60,000 Def-Wide CO FORT CARSON HEALTH AND DENTAL CLINIC ........................................................... 52,773 –20,873 31,900 Def-Wide CO FORT CARSON SOF BATTALION OPS COMPLEX ......................................................... 45,200 45,200 Def-Wide CO FORT CARSON SOF MILITARY WORKING DOG FACILITY ........................................ 3,046 3,046 Air Force CO PETERSON AFB C–130 SQUAD OPS/AMU (TFI) ............................................................... 5,200 5,200 Air Force CO PETERSON AFB NATIONAL SECURITY SPACE INSTITUTE ....................................... 19,900 19,900 Chem Demil CO PUEBLO DEPOT AMMUNITION DEMILITARIZATION FACILITY, PH XI ................. 92,500 92,500 AF Reserve CO SCHRIEVER AFB WING HEADQUARTERS ......................................................................... 10,200 10,200 Air Force CO U.S. AIR FORCE ACADEMY ADD TO CADET FITNESS CENTER .................................................... 17,500 17,500 Air Guard CT BRADLEY NATL AP CNAF BEDDOWN UPGRADE FACILITIES ......................................... 9,100 9,100 USAR CT BRIDGEPORT ARMY RESERVE CENTER/LAND ......................................................... 18,500 18,500 Air Force DE DOVER AFB C–5 CARGO AIRCRAFT MAINT TRAINING FACILITY P1 .............. 5,300 5,300 Air Force DE DOVER AFB CONSOL COMM FAC ................................................................................ 12,100 12,100 Air Force DE DOVER AFB CHAPEL CENTER ..................................................................................... 7,500 7,500 Navy FL BLOUNT ISLAND PORT OPERATIONS FACILITY ............................................................. 3,760 3,760 Air Force FL EGLIN AFB F–35 DUKE CONTROL TOWER ............................................................. 3,420 3,420 Air Force FL EGLIN AFB CONSTRUCT DORMITORY (96 RM) ..................................................... 11,000 11,000 Air Force FL EGLIN AFB F–35 POL OPS FACILITY ........................................................................ 3,180 3,180Air Force FL EGLIN AFB F–35 HYDRANT REFUELING SYSTEM PHASE 1 ............................ 8,100 8,100 Air Force FL EGLIN AFB F–35 PARALLEL TAXIWAY LADDER .................................................. 1,440 1,440 Air Force FL EGLIN AFB F–35 JPS FLIGHTLINE FILLSTANDS ................................................ 5,400 5,400 Air Force FL EGLIN AFB F–35 JP–8 WEST SIDE BULK FUEL TANK UPGRADES ............... 960 960 Air Force FL EGLIN AFB F–35 LIVE ORDINANCE LOAD FACILITY .......................................... 9,900 9,900 Air Force FL EGLIN AFB F–35 A/C PARKING APRON .................................................................... 16,400 16,400 Army FL EGLIN AFB OPERATIONS COMPLEX, PH 3 ............................................................. 80,000 80,000 Army FL EGLIN AFB INDOOR FIRING RANGE ........................................................................ 8,900 8,900 
1022 

† HR 2647 EAS 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

Army FL EGLIN AFB LIVE FIRE EXERCISE SHOOTHOUSE .............................................. 8,000 8,000 Army FL EGLIN AFB LIVE FIRE EXERCISE BREACH FACILITY ...................................... 4,950 4,950 Army FL EGLIN AFB NON-STANDARD SMALL ARMS RANGE ............................................. 3,400 3,400 Army FL EGLIN AFB GRENADE LAUNCHER RANGE ............................................................ 1,600 1,600 Army FL EGLIN AFB HAND GRENADE QUALIFICATION COURSE ................................... 1,400 1,400 Army FL EGLIN AFB URBAN ASSAULT COURSE ................................................................... 2,700 2,700 Army FL EGLIN AFB ANTI-ARMOR, TRACKING & LIVE FIRE RANGE ............................. 3,400 3,400 Army FL EGLIN AFB AUTOMATED QUALIFICATION/TRAINING RANGE ........................ 12,000 12,000 Army FL EGLIN AFB LIGHT DEMOLITION RANGE ............................................................... 2,200 2,200 Army FL EGLIN AFB BASIC 10M–25M FIRING RANGE (ZERO) .......................................... 3,050 3,050 Def-Wide FL EGLIN AFB SOF MILITARY WORKING DOG FACILITY ........................................ 3,046 3,046 Navy FL EGLIN AFB F–35 HYDRANT REFUELING SYS, PH 1 ............................................ 6,208 6,208 Navy FL EGLIN AFB F–35 PARALLEL TAXIWAY LADDER .................................................. 931 931 Navy FL EGLIN AFB F–35 A/C PARKING APRON .................................................................... 11,252 11,252 Navy FL EGLIN AFB BACHELOR ENLISTED QUARTERS, EOD SCHOOL, PHASE ...... 26,287 26,287 Navy FL EGLIN AFB F–35 JP8 WEST SIDE BULK TANK UPGRADES .............................. 621 621 Navy FL EGLIN AFB F–35 POL OPERATIONS FACILITY (EGLIN) ..................................... 2,056 2,056 Navy FL EGLIN AFB F–35 JP8 FLIGHTLINE FILLSTANDS (EGLIN) ................................ 3,492 3,492 Army FL EGLIN AFB (CAMP RUDDER) ELEVATED WATER STORAGE TANK ................................................. 1,200 1,200 Air Force FL HURLBURT FIELD REFUELING VEHICLE MAINTENANCE FACILITY ......................... 2,200 2,200 Air Force FL HURLBURT FIELD ELECTRICAL DISTRIBUTION SUBSTATION ................................... 8,300 8,300 Def-Wide FL HURLBURT FIELD SOF SIMULATOR FACILITY FOR MC–130 (RECAP) ....................... 8,156 8,156 Navy FL JACKSONVILLE P–8/MMA FACILITIES MODIFICATION .............................................. 5,917 5,917 Def-Wide FL JACKSONVILLE IAP REPLACE JET FUEL STORAGE COMPLEX ...................................... 11,500 11,500 Air Force FL MACDILL AFB DORMITORY (120 ROOM) ....................................................................... 16,000 16,000 Air Force FL MACDILL AFB CHILD DEVELOPMENT CENTER ........................................................ 7,000 7,000 Air Force FL MACDILL AFB CENTCOM COMMANDANT FACILITY .................................................. 15,300 15,300 Navy FL MAYPORT WHARF CHARLIE REPAIR .................................................................... 29,682 29,682 Navy FL MAYPORT CHANNEL DREDGING ............................................................................ 46,303 46,303 Army FL MIAMI DORAL SOUTHCOM HEADQUARTERS, INCR 3 .............................................. 55,400 55,400 USAR FL PANAMA CITY ARMY RESERVE CENTER/LAND ......................................................... 7,300 7,300 Air Force FL PATRICK AFB COMBAT WEAPONS TRAINING FACILITY ........................................ 8,400 8,400 
1023 

† HR 2647 EAS 

Navy FL PENSACOLA CORRY ‘‘A’’ SCHOOL BACHELOR ENLISTED QUARTERS R ...... 22,950 22,950 Navy FL PENSACOLA SIMULATOR ADDITION FOR UMFO PROGRAM .............................. 3,211 3,211 USAR FL WEST PALM BEACH ARMY RESERVE CENTER/LAND ......................................................... 26,000 26,000 Navy FL WHITING FIELD T–6B JPATS TRNG. OPS PARALOFT FACIILITY ............................. 4,120 4,120 USAR GA ATLANTA ARMY RESERVE CENTER/LAND ......................................................... 14,000 14,000 Army GA FORT BENNING COMBINED ARMS COLLECTIVE TRAINING FACILITY ................. 10,800 10,800 Army GA FORT BENNING FIRE AND MOVEMENT RANGE ............................................................ 2,800 2,800 Army GA FORT BENNING BATTLE LAB ............................................................................................. 30,000 30,000 Army GA FORT BENNING TRAINING AREA TANK TRAILS ........................................................... 9,700 9,700 Army GA FORT BENNING TRAINING BATTALION COMPLEX ...................................................... 38,000 38,000 Army GA FORT BENNING DINING FACILITY .................................................................................... 15,000 15,000 Army GA FORT BENNING WARRIOR IN TRANSITION (WT) COMPLEX ..................................... 53,000 53,000 Army GA FORT BENNING TRAINING BATTALION COMPLEX, PH 1 ........................................... 31,000 31,000 Army GA FORT BENNING TRAINING BATTALION COMPLEX, PH 1 ........................................... 31,000 31,000 Army GA FORT BENNING TRAINEE BARRACKS COMPLEX, PH 1 ............................................. 74,000 74,000 ARNG GA FORT BENNING READINESS CENTER .............................................................................. 15,500 15,500 Def-Wide GA FORT BENNING BLOOD DONOR CENTER REPLACEMENT ........................................ 12,313 12,313 Def-Wide GA FORT BENNING DENTAL CLINIC ....................................................................................... 4,887 4,887 Def-Wide GA FORT BENNING SOF EXPAND BATTALION HEADQUARTERS .................................. 3,046 3,046 Def-Wide GA FORT BENNING WILSON ES CONSTRUCT GYMNASIUM ............................................. 2,330 2,330 Army GA FORT GILLEM FORENSIC LAB ......................................................................................... 10,800 10,800 Army GA FORT STEWART BRIGADE COMPLEX ................................................................................ 93,000 –45,000 48,000 Army GA FORT STEWART AUTOMATED SNIPER FIELD FIRE RANGE ..................................... 3,400 –3,400 Army GA FORT STEWART WARRIOR IN TRANSITION (WT) COMPLEX ..................................... 49,000 49,000 Army GA FORT STEWART BARRACKS & DINING, INCREMENT 2 ............................................... 80,000 80,000 Def-Wide GA FORT STEWART HEALTH AND DENTAL CLINIC ........................................................... 26,386 –4,186 22,200 Def-Wide GA FORT STEWART NEW ELEMENTARY SCHOOL ............................................................... 22,502 –22,502 Def-Wide GA FORT STEWART NEW ELEMENTARY SCHOOL ............................................................... 22,501 22,501 Army GA HUNTER ARMY AIRFIELD AVIATION READINESS CENTER ......................................................... 8,967 8,967 Air Force GA MOODY AFB RESCUE OPNS/MAINT HQ FAC ............................................................ 8,900 8,900 Def-Wide HI FORD ISLAND PACIFIC OPERATIONS FACILITY UPGRADE .................................. 9,633 9,633 Air Guard HI HICKAM AFB TFI—F–22 LO/COMPOSITE REPAIR FACILITY ............................... 26,000 26,000 Air Guard HI HICKAM AFB TFI—F–22 PARKING APRON AND TAXIWAYS ................................. 7,000 7,000 Navy HI NAVSTA PEARL HARBOR PRODUCTION SERVICES SUPPORT FACILITY ............................... 30,360 30,360 Navy HI OAHU RANGE, 1000—PUULOA .......................................................................... 5,380 5,380 Navy HI PEARL HARBOR PACFLT SUB DRIVE-IN MAG SILENCING FAC (INCR3) ............... 8,645 8,645 
1024 

† HR 2647 EAS 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

Navy HI PEARL HARBOR APCSS CONF & TECH LEARNING CENTER ..................................... 12,775 12,775 Navy HI PEARL HARBOR MISSILE MAGAZINES (5), WEST LOCH ............................................ 22,407 22,407 Army HI SCHOFIELD BARRACKS VEHICLE MAINTENANCE SHOP .......................................................... 63,000 63,000 Army HI SCHOFIELD BARRACKS VEHICLE MAINTENANCE SHOP .......................................................... 36,000 36,000 Army HI SCHOFIELD BARRACKS WARRIOR IN TRANSITION (WT) BARRACKS ................................... 55,000 55,000 Army HI SCHOFIELD BARRACKS WARRIOR IN TRANSITION COMPLEX ............................................... 30,000 30,000 Air Force HI WHEELER AFB CONSTRUCT ASOC COMPLEX .............................................................. 15,000 15,000 Army HI WHEELER AFB REGIONAL SATCOM INFORMATION CENTER ................................. 7,500 7,500 Air Guard IA DES MOINES DES MOINES ALT SECURITY FORCES FAC .................................... 4,600 4,600 ARNG IA JOHNSTON US PROPERTY AND FISCAL OFFICE ................................................. 4,000 4,000 ARNG ID GOWEN FIELD COMBINED ARMS COLLECTIVE TRAINING FACILITY ................. 16,100 16,100 Air Force ID MOUNTAIN HOME AFB LOGISTICS READINESS CENTER ....................................................... 20,000 20,000 USAR IL CHICAGO ARMY RESERVE CENTER ..................................................................... 23,000 23,000 Naval Res IL JOLIET ARMY AMMO PLANT RESERVE TRAINING CENTER—JOLIET, IL .................................... 7,957 7,957 ARNG IL MILAN READINESS CENTER .............................................................................. 5,600 5,600 Air Force IL SCOTT AIR FORCE BASE AEROMEDICAL EVAC FACILITY .......................................................... 7,400 7,400 ARNG IN MUSCATATUCK COMBINED ARMS COLLECTIVE TRAINING FACILITY PH .......... 10,100 10,100 Navy IN NAVAL SUP ACT CRANE STRATEGIC WEAPONS SYSTEMS ENG FACILITY .......................... 13,710 13,710 Army KS FORT RILEY TRAINING AIDS CENTER ...................................................................... 15,500 15,500 Army KS FORT RILEY ADVANCED WASTE WATER TREATMENT PLANT ......................... 28,000 28,000 Army KS FORT RILEY IGLOO STORAGE, INSTALLATION ...................................................... 7,200 7,200 Army KS FORT RILEY BRIGADE COMPLEX ................................................................................ 49,000 49,000Army KS FORT RILEY BATTALION COMPLEX ........................................................................... 59,000 59,000 Army KS FORT RILEY LAND VEHICLE FUELING FACILITY ................................................. 3,700 3,700 Army KS FORT RILEY ESTES ROAD ACCESS CONTROL POINT .......................................... 6,100 6,100 ARNG KS SALINA ARNG AV FAC TAXIWAY ALTERATIONS ....................................................................... 2,227 2,227 Chem Demil KY BLUE GRASS ARMY DEPOT AMMUNITION DEMILITARIZATION PH X ........................................ 54,041 5,000 59,041Army KY FORT CAMPBELL INSTALLATION CHAPEL CENTER ...................................................... 14,400 14,400 Army KY FORT CAMPBELL 5TH SFG LANGUAGE SUSTAINMENT TRNG FAC ........................... 5,800 5,800 Def-Wide KY FORT CAMPBELL HEALTH CLINIC ...................................................................................... 8,600 8,600 Def-Wide KY FORT CAMPBELL SOF BATTALION OPERATIONS COMPLEX ....................................... 29,289 29,289 Def-Wide KY FORT CAMPBELL SOF MILITARY WORKING DOG FACILITY ........................................ 3,046 3,046 
1025 

† HR 2647 EAS 

Army KY FORT KNOX WARRIOR IN TRANSITION (WT) COMPLEX ..................................... 70,000 70,000 Air Force LA BARKSDALE AFB PHASE FIVE RAMP REPLACEMENT—AIRCRAFT APRON .......... 12,800 12,800 Army LA FORT POLK WARRIOR IN TRANSITION (WT) COMPLEX ..................................... 32,000 32,000 Army LA FORT POLK LAND PURCHASES AND CONDEMNATION ...................................... 17,000 17,000 ARNG MA HANSCOM AFB ARMED FORCES RESERVE CENTER (JFHQ) .................................. 29,000 29,000 Air Guard MA OTIS ANGB COMPOSITE OPERATIONS AND TRAINING FACILITY ................. 12,800 12,800 Army MD ABERDEEN PG ANALYTICAL CHEM WING—ADVANCED CHEM LAB .................... 15,500 15,500 Def-Wide MD ABERDEEN PG USAMRICD REPLACEMENT, INC II .................................................... 111,400 111,400 Air Force MD ANDREWS AFB REPLACE MUNITIONS STORAGE AREA ........................................... 9,300 9,300 Air Guard MD ANDREWS AFB RPL MUNITIONS MAINTENANCE AND STORAGE COMPLEX ..... 14,000 14,000 Army MD FORT DETRICK SATELLITE COMMUNICATIONS CENTER ........................................ 18,000 18,000 Army MD FORT DETRICK SATELLITE COMMUNICATIONS FACILITY ...................................... 21,000 21,000 Def-Wide MD FORT DETRICK BOUNDARY GATE AT NALIN POND .................................................... 10,750 10,750 Def-Wide MD FORT DETRICK EMERGENCY SERVICE CENTER ......................................................... 16,125 16,125 Def-Wide MD FORT DETRICK USAMRIID STAGE I, INC IV .................................................................. 108,000 108,000 Def-Wide MD FORT DETRICK NIBC TRUCK INSPECTION STATION & ROAD ................................ 2,932 2,932 Def-Wide MD FORT MEADE SOUTH CAMPUS UTILITY PLANT PH 2 ............................................ 175,900 175,900 Def-Wide MD FORT MEADE NSAW CAMPUS CHILLED WATER BACKUP .................................... 19,100 19,100 Def-Wide MD FORT MEADE MISSION SUPPORT—PSAT ................................................................... 8,800 8,800 Air Guard ME BANGOR IAP REPLACE AIRCRAFT MAINT HANGAR/SHOPS ............................... 28,000 28,000 Navy ME PORTSMOUTH NAV SHP GATE 2 SECURITY IMPROVEMENTS ................................................. 7,100 7,100 Air Guard MI ALPENA CRTC REPLACE TROOP QUARTERS .............................................................. 8,900 8,900 Air Guard MI BATTLE CREEK ANG BASE CNAF BED DOWN FACILITIES ............................................................. 14,000 14,000 Air Guard MI SELFRIDGE ANG BASE A–10 SQUAD OPERATIONS FACILITY ................................................ 7,100 7,100 ARNG MN ARDEN HILLS READINESS CENTER PH2 .................................................................... 6,700 6,700 ARNG MN CAMP RIPLEY URBAN ASSAULT COURSE ................................................................... 1,710 1,710 Def-Wide MN DULUTH IAP JET FUEL STOARGE COMPLEX .......................................................... 15,000 15,000 USAR MN FORT SNELLING ARMY RESERVE CENTER ..................................................................... 12,000 12,000 Air Guard MN MINN/ST. PAUL IAP 133RD AW 

BASE 

MINNESOTA STARBASE FACILITY ALTERATION ......................... 1,900 1,900 

ARNG MO BOONVILLE READINESS CENTER ADD/ALT ........................................................... 1,800 1,800 Army MO FORT LEONARD WOOD AUTOMATED-AIDED INSTRUCTION FACILITY .............................. 27,000 27,000 Army MO FORT LEONARD WOOD WHEELED VEHICLE DRIVERS COURSE ......................................... 17,500 17,500 Army MO FORT LEONARD WOOD WARRIOR IN TRANSITION COMPLEX ............................................... 19,500 19,500 Army MO FORT LEONARD WOOD TRANSIENT ADVANCED TRAINEE BARRACKS, PH 1 ................... 99,000 99,000 Def-Wide MO FORT LEONARD WOOD DENTAL CLINIC ADDITION .................................................................. 5,570 5,570 
1026 

† HR 2647 EAS 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

Air Guard MO ROSECRANS MEM AP REPLACE FIRE/CRASH RESCUE STATION PHASE II ................. 9,300 9,300 ARNG MS CAMP SHELBY COMBINED ARMS COLLECTIVE TNG FAC ADD/ALT ..................... 16,100 16,100 Air Guard MS COLUMBUS AFB AIRCRAFT MAINTENANCE ADMINISTRATION FACILITY ........... 10,000 10,000 AF Reserve MS KEESLER AFB AERIAL PORT SQUADRON FACILITY ................................................ 9,800 9,800 ARNG MS MONTICELLO MONTICELLO NATIONAL GUARD READINESS CENTER ............. 14,350 14,350 Air Guard MT MALMSTROM AFB UPGRADE WEAPONS STORAGE AREA .............................................. 9,600 9,600 Def-Wide NC CAMP LEJEUNE SOF ACADEMIC INSTRUCTION FACILITY EXPANSION ............... 11,791 11,791 Navy NC CAMP LEJEUNE MAINTENANCE/OPS COMPLEX ............................................................ 52,390 52,390 Navy NC CAMP LEJUNE BEQ—WALLACE CREEK ........................................................................ 34,160 34,160 Navy NC CAMP LEJUNE UTILITY EXPANSION—COURTHOUSE BAY .................................... 56,280 56,280 Navy NC CAMP LEJUNE SOI—EAST FACILITIES—CAMP GEIGER ......................................... 56,940 56,940 Navy NC CAMP LEJUNE FIELD TRAINING FAC.—DEVIL DOG—SOI ...................................... 37,170 37,170 Navy NC CAMP LEJUNE ROAD NETWORK—WALLACE CREEK ............................................... 15,130 15,130 Navy NC CAMP LEJUNE MP WORKING DOG KENNEL—RELOCATION .................................. 8,370 8,370 Navy NC CAMP LEJUNE CONSOLIDATED INFO TECH/TELECOM COMPLEX ...................... 46,120 46,120 Navy NC CAMP LEJUNE NEW BASE ENTRY POINT AND ROAD (PHASE 1) ......................... 79,150 79,150 Navy NC CAMP LEJUNE BEQ—WALLACE CREEK ........................................................................ 43,480 43,480 Navy NC CAMP LEJUNE BEQ—WALLACE CREEK ........................................................................ 44,390 44,390 Navy NC CAMP LEJUNE BEQ—WALLACE CREEK ........................................................................ 44,390 44,390 Navy NC CAMP LEJUNE BEQ—WALLACE CREEK ........................................................................ 42,110 42,110 Navy NC CAMP LEJUNE PRE-TRIAL DETAINEE FACILITY ....................................................... 18,580 18,580 Navy NC CAMP LEJUNE PHYSICAL FITNESS CENTER .............................................................. 39,760 39,760 Navy NC CAMP LEJUNE 4TH INFANTRY BATTALION OPS COMPLEX ................................... 55,150 55,150 Navy NC CHERRY POINT MCAS ORDNANCE MAGAZINES ........................................................................ 12,360 12,360 Navy NC CHERRY POINT MCAS EMS/FIRE VEHICLE FACILITY ............................................................ 10,600 10,600 Army NC FORT BRAGG VEHICLE MAINTENANCE SHOP .......................................................... 19,500 19,500 Army NC FORT BRAGG SIMULATIONS CENTER ......................................................................... 50,000 50,000 Army NC FORT BRAGG VEHICLE MAINTENANCE SHOP .......................................................... 17,500 17,500 Army NC FORT BRAGG COMPANY OPERATIONS FACILITY ..................................................... 3,300 3,300 Army NC FORT BRAGG TRANSIENT TRAINING BARRACKS COMPLEX ............................... 16,500 16,500 Army NC FORT BRAGG AUTOMATED SNIPER FIELD FIRE RANGE ..................................... 2,500 2,500 Army NC FORT BRAGG AUTOMATED MULTIPURPOSE MACHINE GUN .............................. 4,350 4,350 
1027 

† HR 2647 EAS 

Def-Wide NC FORT BRAGG CONSOLIDATED HEALTH CLINIC ...................................................... 26,386 26,386 Def-Wide NC FORT BRAGG HEALTH CLINIC ...................................................................................... 31,272 31,272 Def-Wide NC FORT BRAGG SPECIAL OPS PREP & CONDITIONING COURSE ........................... 24,600 24,600 Def-Wide NC FORT BRAGG SOF BATTALION & COMPANY HQ ...................................................... 15,500 15,500 Def-Wide NC FORT BRAGG SOF OPERATIONS SUPPORT ADDITION .......................................... 13,756 13,756 Def-Wide NC FORT BRAGG SOF MILITARY WORKING DOG FACILITY ........................................ 1,125 1,125 Def-Wide NC FORT BRAGG SOF BATTALION HEADQUARTERS FACILITY ................................ 13,000 13,000 Def-Wide NC FORT BRAGG SOF OPERATIONS ADDITION NORTH ............................................... 27,513 27,513 Def-Wide NC FORT BRAGG SOF TUAV HANGAR ................................................................................. 2,948 2,948 Def-Wide NC FORT BRAGG SOF MILITARY WORKING DOG FACILITY ........................................ 3,046 3,046 Def-Wide NC FORT BRAGG ALBRITTON JHS ADDITION ................................................................. 3,439 3,439 Navy NC NEW RIVER APRON EXPANSION (PHASE 2) ........................................................... 35,600 35,600 Navy NC NEW RIVER VMMT–204 MAINTENANCE HANGAR—PHASE 3 ............................. 28,210 28,210 Navy NC NEW RIVER PARALLEL TAXIWAY .............................................................................. 17,870 17,870 Navy NC NEW RIVER TACTICAL SUPPORT VAN PAD ADDITION ....................................... 5,490 5,490 Navy NC NEW RIVER GYMNASIUM/OUTDOOR POOL ............................................................. 19,920 19,920 Air Force NC POPE AFB POPE AFB AIR TRAFFIC CONTROL TOWER ................................... 7,700 7,700 Army NC SUNNY POINT MOT TOWERS ...................................................................................................... 3,900 3,900 Army NC SUNNY POINT MOT LIGHTNING PROTECTION SYSTEM ................................................... 25,000 25,000 Air Force ND GRAND FORKS AFB CONSOLIDATED SECURITY FORCES FACILITY ............................ 12,000 12,000 Air Force ND MINOT AFB MUNITIONS TRAILER STORAGE FACILITY .................................... 1,500 1,500 Air Force ND MINOT AFB MISSILE PROCEDURES TRNG OPERATIONS ................................. 10,000 10,000 ARNG NE LINCOLN ARMED FORCES RESERVE CENTER (JFHQ) .................................. 23,000 23,000 Air Guard NE LINCOLN MAP JOINT FORCES OPERATIONS CENTER—ANG SHARE ................. 1,500 1,500 Air Force NE OFFUTT AIR FORCE BASE STRATCOM GATE ..................................................................................... 10,400 10,400 Air Guard NH PEASE ANGB REPLACE SQUADRON OPERATIONS FACILITIES ......................... 10,000 10,000 Air Guard NJ 108TH AIR REFUEL WNG, 

MCGUIRE AFB 

BASE CIVIL ENGINEERING COMPLEX ............................................. 9,700 9,700 

Air Force NM CANNON AFB WB—CONSOLIDATED COMMUNICATION FAC ................................ 15,000 15,000 Def-Wide NM CANNON AFB SOF FUEL CELL HANGAR (MC–130) .................................................. 41,269 41,269 Def-Wide NM CANNON AFB SOF AMU ADDITION (CV–22) ................................................................ 11,595 11,595 Air Force NM HOLLOMAN AFB F–22A CONSOLIDATED MUNITIONS MAINT (TFI) ......................... 5,500 5,500 Air Force NM HOLLOMAN AFB FIRE-CRASH RESCUE STATION ......................................................... 10,400 10,400 Air Force NM KIRTLAND AFB MC–130J SIMULATOR FACILITY .......................................................... 8,000 8,000 Air Force NM KIRTLAND AFB HC–130J SIMULATOR FACILITY .......................................................... 8,700 8,700 ARNG NM SANTA FE ARMY AVIATION SUPPORT FACILITY ............................................... 39,000 39,000 
1028 

† HR 2647 EAS 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

ARNG NV CARSON CITY NATIONAL GUARD ENERGY SUSTAINABLE PROJECTS ............. 2,000 2,000 Air Force NV CREECH AFB UAS AT/FP SECURITY UPDATES ........................................................ 2,700 2,700 Navy NV NAV AIR STA FALLON WARRIOR PHYSICAL TRAINING FACILITY ..................................... 11,450 11,450 ARNG NV NORTH LAS VEGAS READINESS CENTER .............................................................................. 26,000 26,000 Air Guard NV RENO, NV NV ANG FIRE STATION REPLACEMENT .......................................... 10,800 10,800 Army NY FORT DRUM WATER SYSTEM EXPANSION ............................................................... 6,500 6,500 Army NY FORT DRUM BARRACKS ................................................................................................. 57,000 57,000 Army NY FORT DRUM WARRIOR IN TRANSITION COMPLEX ............................................... 21,000 21,000 AF Reserve NY NIAGRA FALLS ARB INDOOR SMALL ARMS RANGE ............................................................ 5,700 5,700 USAR NY ROCHESTER ARMY RESERVE CENTER/LAND ......................................................... 13,600 13,600 USAR OH CINCINNATI ARMY RESERVE CENTER/LAND ......................................................... 13,000 13,000 Air Guard OH MANSFIELD LAHM AIRPORT TFI—RED HORSE SQUADRON BEDDOWN ...................................... 11,400 11,400 Air Force OH WRIGHT-PATTERSON AFB INFO TECH COMPLEX PH 1 ................................................................. 27,000 27,000 Air Force OH WRIGHT-PATTERSON AFB CONVERSION FOR ADVANCED POWER RESEARCH LAB ........... 21,000 21,000 Air Force OH WRIGHT-PATTERSON AFB REPLACE WEST RAMP, PHASE II ...................................................... 10,600 10,600 Air Force OK ALTUS AFB REPAIR TAXIWAYS .................................................................................. 20,300 20,300 Def-Wide OK ALTUS AFB REPLACE UPLOAD FACILITY .............................................................. 2,700 2,700 Army OK FORT SILL AUTOMATED INFANTRY SQUAD BATTLE COURSE ...................... 3,500 3,500 Army OK FORT SILL BARRACKS ................................................................................................. 65,000 65,000 Army OK FORT SILL WARRIOR IN TRANSITION COMPLEX ............................................... 22,000 22,000 Def-Wide OK FORT SILL DENTAL CLINIC ....................................................................................... 10,554 10,554 Army OK MCALESTER HIGH EXPLOSIVE MAGAZINE, DEPOT LEVEL .............................. 1,300 1,300 Army OK MCALESTER GENERAL PURPOSE STORAGE BUILDING ..................................... 11,200 11,200 Air Force OK TINKER AFB BUILDING 3001 HANGER DOOR .......................................................... 13,037 13,037 Air Force OK VANCE, AIR FORCE BASE CONTROL TOWER .................................................................................... 10,700 10,700 Air Guard OK WILL ROGERS AP TFI—AIR SUPT OPERS SQDN (ASOS) BEDDN ............................... 7,300 7,300 ARNG OR CLATSOP CTNY, WARRENTON CAMP RILEA INFRASTRUCTURE (WATER SUPPLY) .................... 3,369 3,369 USAR PA ASHLEY ARMY RESERVE CENTER ..................................................................... 9,800 9,800 FH Con DW PA DEF DISTRO DEPOT DEF DISTRIBUTION DEPOT NEW CUMBERLAND ........................ 2,859 2,859 USAR PA HARRISBURG ARMY RESERVE CENTER ..................................................................... 7,600 7,600 USAR PA NEWTON SQUARE ARMY RESERVE CENTER/LAND ......................................................... 20,000 20,000 AF Reserve PA PITTSBURGH AIR RES BASE VISITING QUARTERS PHASE 1 ........................................................... 12,400 12,400 
1029 

† HR 2647 EAS 

USAR PA UNIONTOWN ARMY RESERVE CENTER/LAND ......................................................... 11,800 11,800 Navy RI NEWPORT OFFICER TRAINING COMMAND QUARTERS ................................... 45,803 45,803 Navy RI NEWPORT VISITING QUARTERS PHASE 1 ........................................................... 10,550 10,550 Air Guard SC AIR NATIONAL GUARD JOINT FORCE HQ BUILDING MCENTIRE ........................................ 1,300 1,300 Navy SC BEAUFORT WIDEBODY AIRCRAFT FUEL LANE ................................................... 1,280 1,280 Naval Res SC CHARLESTON RESERVE VEHICLE MAINTENANCE FACILITY .............................. 4,240 4,240 Army SC CHARLESTON NWS STAGING AREA ......................................................................................... 4,100 4,100 Army SC CHARLESTON NWS RAILROAD TRACKS ................................................................................. 12,000 12,000 Army SC CHARLESTON NWS PIER AND LOADING/UNLOADING RAMPS ....................................... 5,700 5,700 ARNG SC EASTOVER ARMY AVIATION SUPPORT FACILITY ADD/ALT ............................ 26,000 26,000 Army SC FORT JACKSON ADVANCED SKILLS TRAINEE BARRACKS ....................................... 32,000 32,000 Army SC FORT JACKSON MODIFIED RECORD FIRE RANGE ..................................................... 3,600 3,600 Army SC FORT JACKSON TRAINING BATTALION COMPLEX ...................................................... 66,000 66,000 Army SC FORT JACKSON INFILTRATION COURSE ........................................................................ 1,900 1,900 ARNG SC GREENVILLE ARMY AVIATION SUPPORT FACILITY ............................................... 40,000 40,000 Navy SC PARRIS ISLAND ELECTRICAL SUBSTATION AND IMPROVEMENTS ....................... 6,972 6,972 ARNG SD CAMP RAPID JOINT FORCE HQ READINESS CENTER SUPPLEMENT ............. 7,890 7,890 ARNG SD CAMP RAPID TROOP MEDICAL CLINIC ADDITION AND ALTERATION ............ 1,950 1,950 Air Force SD ELLSWORTH AFB ADD/ALTER DEPLOYMENT CENTER ................................................. 14,500 14,500 Air Guard SD JOE FOSS FIELD ADD AND ALTER MUNITIONS MAINTENANCE COMPLEX .......... 1,300 1,300 Air Guard SD JOE FOSS FIELD ABOVE GROUND MULTI-CUBICLE MAGAZINE STORAGE .......... 1,300 1,300 Air Guard TN 164 AIRLIFT WING, MEM 164TH AIRLIFT WING ANG ENG MAINT TRNG FAC ...................... 9,800 9,800 ARNG TX AUSTIN ARMED FORCES RESERVE CENTER ................................................. 16,500 16,500 ARNG TX AUSTIN FIELD MAINTENANCE SHOP, JOINT ................................................. 5,700 5,700 USAR TX AUSTIN ARMED FORCES RESERVE CENTER/AMSA ..................................... 20,000 20,000 Navy TX CORPUS CHRISTI OPERATIONAL FACILITIES FOR T–6 ................................................ 19,764 19,764 Air Force TX DYESS AFB C–130J ALTER HANGAR ......................................................................... 4,500 4,500 Army TX FORT BLISS VEHICLE MAINTENANCE SHOP .......................................................... 16,000 16,000 Army TX FORT BLISS BRIGADE STAGING AREA COMPLEX ................................................ 14,800 14,800 Army TX FORT BLISS DIGITAL MULTIPURPOSE RANGE COMPLEX ................................. 45,000 45,000 Army TX FORT BLISS FIRE AND MILITARY POLICE STATIONS ......................................... 16,500 16,500 Army TX FORT BLISS AIRCRAFT FUEL STORAGE .................................................................. 10,800 10,800 Army TX FORT BLISS VEHICLE MAINTENANCE SHOP .......................................................... 20,000 20,000 Army TX FORT BLISS AUTOMATED SNIPER FIELD FIRE RANGE ..................................... 4,250 4,250 Army TX FORT BLISS KNOWN DISTANCE RANGE ................................................................... 4,750 4,750 Army TX FORT BLISS AUTOMATED MULTIPURPOSE MACHINE GUN RANGE .............. 6,900 6,900 
1030 

† HR 2647 EAS 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

Army TX FORT BLISS SCOUT/RECCE GUNNERY COMPLEX ................................................. 17,000 17,000 Army TX FORT BLISS LIGHT DEMOLITION RANGE ............................................................... 2,400 2,400 Army TX FORT BLISS AUTOMATED INFANTRY PLATOON BATTLE COURSE ................. 7,000 7,000 Army TX FORT BLISS SIMULATION CENTER ............................................................................ 23,000 23,000 Army TX FORT BLISS VEHICLE MAINTENANCE & COMPANY OPS FAC ........................... 31,000 31,000 Def-Wide TX FORT BLISS HEALTH AND DENTAL CLINIC ........................................................... 30,295 –5,695 24,600 Def-Wide TX FORT BLISS HOSPITAL REPLACEMENT PHASE 1 (INCR 1) ............................... 86,975 –24,000 62,975 USAR TX FORT BLISS ARMY RESERVE CENTER ..................................................................... 9,500 9,500 Army TX FORT HOOD VEHICLE MAINTENANCE SHOP .......................................................... 23,000 23,000 Army TX FORT HOOD URBAN ASSAULT COURSE ................................................................... 2,400 2,400 Army TX FORT HOOD AUTOMATED MULTIPURPOSE MACHINE GUN RANGE .............. 6,700 6,700 Def-Wide TX FORT HOOD ALTER FUEL PUMP HOUSE AND FILL STAND ............................. 3,000 3,000 Army TX FORT SAM HOUSTON ACCESS CONTROL POINT AND ROAD IMPROVEMENTS ............. 10,800 10,800 Army TX FORT SAM HOUSTON GENERAL INSTRUCTION BUILDING ................................................. 9,000 9,000 Air Force TX GOODFELLOW AFB JOINT INTEL TECH TRNG FAC, PH 1 (TFI) .................................... 18,400 18,400 Air Force TX GOODFELLOW AFB STUDENT DORMITORY (100 RM) ........................................................ 14,000 14,000 Air Force TX GOODFELLOW AFB CONSOLIDATED LEARNING CENTER ............................................... 12,000 12,000 USAR TX HOUSTON ARMY RESERVE CENTER/LAND ......................................................... 24,000 24,000 AF Reserve TX LACKLAND AFB C–5 GROUND TRAINING SCHOOLHOUSE ADDITION ................... 1,500 1,500 Air Force TX LACKLAND AFB EVASION, CONDUCT AFTER CAPTURE TRNG ................................ 4,879 4,879 Air Force TX LACKLAND AFB RECRUIT DORMITORY 2, PHASE 2 .................................................... 77,000 77,000 Air Force TX LACKLAND AFB BMT SATELLITE CLASSROOM/DINING FAC .................................... 32,000 32,000 Def-Wide TX LACKLAND AFB DENTAL CLINIC REPLACEMENT ........................................................ 29,318 29,318 Def-Wide TX LACKLAND AFB AMBULATORY CARE CENTER, PHASE 1 (INCR 1) ........................ 72,610 72,610 Naval Res TX SAN ANTONIO RESERVE TRAINING CENTER ............................................................. 2,210 2,210 USAR TX SAN ANTONIO ARMY RESERVE CENTER ..................................................................... 20,000 20,000 Air Force TX SHEPPARD AFB ENJJPT OPERATIONS COMPLEX, PHASE 1 .................................... 11,600 11,600 Def-Wide UT CAMP WILLIAMS IC CNCI DATA CENTER 1 (INCR 2) ..................................................... 800,000 –200,000 600,000 Army UT DUGWAY PROVING GROUND WATER TREATMENT SYSTEMS .......................................................... 25,000 25,000 AF Reserve UT HILL AFB RESERVE SQUAD OPS/AMU FACILITY ............................................. 3,200 3,200 Air Force UT HILL AFB F–22A RADAR CROSS SECTION TESTING FAC ............................... 21,053 21,053 Air Guard UT HILL AFB PCC APRON NORTHWEST END TAXIWAY ........................................ 5,100 5,100 
1031 

† HR 2647 EAS 

Def-Wide VA DAHLGREN AEGIS BMD FACILITY EXPANSION .................................................... 24,500 24,500 Navy VA DAHLGREN ELECTROMAGNETIC RESEARCH AND ENG FACILITY ................ 3,660 3,660 Def-Wide VA DAM NECK SOF OPERATIONS FACILITY INC III ................................................. 15,967 15,967 Army VA FORT A.P. HILL AUTOMATED INFANTRY PLATOON BATTLE COURSE ................. 4,900 4,900 Army VA FORT A.P. HILL FIELD TRAINING AREA ......................................................................... 9,000 9,000 Army VA FORT A.P. HILL TRAINING AIDS CENTER ...................................................................... 9,100 9,100 Army VA FORT BELVOIR FLIGHT CONTROL TOWER ................................................................... 8,400 8,400 Army VA FORT BELVOIR ROAD AND ACCESS CONTROL POINT ............................................... 9,500 9,500 Army VA FORT BELVOIR ROAD AND INFRASTRUCTURE IMPROVEMENTS .......................... 20,000 –20,000 ARNG VA FORT PICKETT REGIONAL TRAINING INSTITUTE PH2 ............................................ 32,000 32,000 Army VA FT. EUSTIS UPGRADE MARSHALLING AREA ........................................................ 8,900 8,900 Air Force VA LANGLEY AFB WEST & LASALLE GATES FORCE PROTECTION/ACCESS .......... 10,000 10,000 Def-Wide VA LITTLE CREEK SOF SUPPORT ACTIVITY OPERATION FACILITY .......................... 18,669 18,669 Navy VA LITTLE CREEK NAVAL CONSTRUCTION DIVISION OPERATIONS FAC ................. 13,095 13,095 Navy VA NORFOLK E–2D TRAINER FACILITY ..................................................................... 11,737 11,737 Navy VA NORFOLK FACILITY UPGRADES FOR E–2D PROGRAM ................................... 6,402 6,402 Naval Res VA OCEANA C–40 HANGAR ............................................................................................ 30,400 30,400 Def-Wide VA PENTAGON PENTAGON ELECTRICAL UPGRADE ................................................. 19,272 19,272 Def-Wide VA PENTAGON SECONDARY UNINTERRUPTIBLE POWER RAVEN ROCK ........... 8,400 8,400 Navy VA PORTSMOUTH SHIP REPAIR PIER REPLACEMENT (INCR 1) ................................ 226,969 –100,000 126,969 Navy VA QUANTICO STUDENT QUARTERS—TBS (PHASE 4) ........................................... 32,060 32,060 Navy VA QUANTICO BATTALION TRAINING FACILITY—MSGBN ..................................... 10,340 10,340 Navy VA QUANTICO MC INFORMATION OPERATIONS CENTER—MCIOC ..................... 29,620 29,620 Navy VA QUANTICO AIRCRAFT TRAINER ............................................................................... 3,170 3,170 Navy VA QUANTICO DINING FACILITY—TBS ........................................................................ 14,780 14,780 Navy VA QUANTICO SOUTH MAINSIDE ELECTRICAL SUBSTATION ............................. 15,270 15,270 Air Guard VT BURLINGTON IAP FIRE CRASH AND RESCUE STATION ADDITION .......................... 6,000 6,000 ARNG VT ETHAN ALLEN RANGE BOQ ADDITIONS AND IMPROVEMENTS ........................................... 1,996 1,996 Navy WA BANGOR LIMITED AREA PRODUCTION/STRG CMPLX (INC 6) .................... 87,292 87,292 Navy WA BREMERTON ENCLAVE FENCING/PARKING, SILVERDALE WA (INCR 2) ......... 67,419 67,419 Navy WA BREMERTON CVN MAINTENANCE PIER REPLACEMENT (INC 2) ....................... 69,064 69,064 Air Force WA FAIRCHILD AFB SERE FORCE SUPPORT COMPLEX, PHASE I ................................. 11,000 11,000 Def-Wide WA FAIRCHILD AFB REPLACE FUEL DISTRIBUTION SYSTEM ....................................... 7,500 7,500 Army WA FORT LEWIS LIVE FIRE EXERCISE SHOOTHOUSE .............................................. 2,550 2,550 Army WA FORT LEWIS ANIMAL BUILDING .................................................................................. 3,050 3,050Army WA FORT LEWIS BRIGADE COMPLEX, INC 4 ................................................................... 102,000 102,000 
1032 

† HR 2647 EAS 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

Army WA FORT LEWIS MODIFIED RECORD FIRE RANGE ..................................................... 4,100 4,100 Def-Wide WA FORT LEWIS HEALTH AND DENTAL CLINIC ........................................................... 15,636 15,636 Def-Wide WA FORT LEWIS SOF SUPPORT COMPANY FACILITY .................................................. 14,500 14,500 Navy WA SPOKANE JNT PERS RECOVERY AGENCY SPECIALIZED SERE TRA ........ 12,707 12,707 USAR WI FORT MCCOY COMBINED ARMS COLLECTIVE TRAINING FACILITY ................. 25,000 25,000 USAR WI FORT MCCOY RANGE UTILITY UPGRADE .................................................................. 3,850 3,850 Air Guard WI GENERAL MITCHELL IAP UPGRADE CORROSION CONTROL HANGAR .................................... 5,000 5,000 Navy WV NAVAL SECTY GRP ACT, 

SUGAR GROVE 

EMERGENCY SERVICES CENTER ...................................................... 9,560 9,560 

Air Guard WV SHEPHERD AB, MARTINSBURG C–5 TAXIWAY UPGRADES ..................................................................... 19,500 19,500 ARNG WV ST. ALBANS ARMORY LIFE SAFETY UPGRADE ....................................................................... 2,000 2,000Air Guard WY CHEYENNE AIRPORT SQUADRON OPERATIONS ..................................................................... 1,500 1,500 Air Force WY F. E. WARREN AFB ADAL MISSILE SERVICE COMPLEX .................................................. 9,100 9,100 BRAC 05 ZU UNSPECIFIED WORLDWIDE BASE REALIGNMENT AND CLOSURE 2005 ...................................... 7,479,498 7,479,498 BRAC IV ZU UNSPECIFIED WORLDWIDE BASE REALIGNMENT AND CLOSURE IV .......................................... 396,768 396,768 Air Force AF BAGRAM AIR BASE PASSENGER TERMINAL ........................................................................ 22,000 22,000 Army AF BAGRAM AIR BASE FUEL SYSTEM PH 6 ................................................................................ 12,000 12,000 Army AF BAGRAM AIR BASE FUEL SYSTEM PH 7 ................................................................................ 5,000 5,000 Army AF BAGRAM AIR BASE COALITION OPERATION CENTER ...................................................... 49,000 49,000 Army AF BAGRAM AIR BASE APS COMPOUND ....................................................................................... 38,000 38,000 Army AF BAGRAM AIR BASE AVIATION SUPPORT FACILITY ............................................................ 2,600 2,600 Army AF BAGRAM AIR BASE BARRACKS ................................................................................................. 18,500 –18,500 Army AF BAGRAM AIR BASE COMMAND AND CONTROL FACILITY ................................................. 38,000 –38,000 Army AF BAGRAM AIR BASE PERIMETER FENCE AND GUARD TOWERS .................................... 7,000 –7,000 Def-Wide BE BRUSSELS REPLACE ELEMENTARY SCHOOL (SHAPE) PHASE 1 ................. 38,124 38,124 Navy BI SW ASIA WATERFRONT DEVELOPMENT PHASE 2 ......................................... 41,526 41,526 Air Force CM PALANQUERO AB PALANQUERO AB DEVELOPMENT ..................................................... 46,000 46,000 Navy DJ CAMP LEMONIER INTERIOR PAVED ROADS PHASE A .................................................. 7,275 7,275 Navy DJ CAMP LEMONIER AMMO SUPPLY POINT ............................................................................ 21,689 21,689 Navy DJ CAMP LEMONIER SECURITY FENCING I ............................................................................ 8,109 8,109Navy DJ CAMP LEMONIER FIRE STATION .......................................................................................... 4,772 4,772 
1033 

† HR 2647 EAS 

Def-Wide GB GUANTANAMO BAY REPLACE FUEL STORAGE TANKS ..................................................... 12,500 12,500 Def-Wide GE BOEBLINGEN NEW ELEMENTARY SCHOOL ............................................................... 50,000 50,000 Def-Wide GR SOUDA BAY FUEL STORAGE TANKS & PIPELINE RPL ...................................... 24,000 24,000 Def-Wide GU AGANA NAVAL AIR STATION REPLACE GAS CYLINDER STORAGE FACILITY ............................. 4,900 4,900 Air Force GU ANDERSEN AFB STRIKE FOL ELECTRICAL INFRASTRUCTURE ............................. 33,750 33,750 Air Force GU ANDERSEN AFB NW FIELD ATFP PERIMETER FENCE AND ROAD ........................ 4,752 4,752 Air Force GU ANDERSEN AFB COMMANDO WARRIOR OPERATIONS FAC ....................................... 4,200 4,200 Air Force GU ANDERSEN AFB NW FIELD COMBAT SPT VEHICLE MAINT FAC ............................. 15,500 15,500 ARNG GU BARRIGADA READINESS CENTER .............................................................................. 30,000 30,000 Army GY ANSBACH BARRACKS ................................................................................................. 17,500 17,500 Army GY ANSBACH BARRACKS ................................................................................................. 14,200 14,200 FH Con Army GY BAUMHOLDER FAMILY HOUSING REPLACEMENT CONSTRU (138 UNITS) ........ 18,000 18,000 Def-Wide GY KAISERLAUTERN AB KAISERSLAUTERN COMPLEX—PHASE 1 ........................................ 19,380 19,380 Def-Wide GY KAISERLAUTERN AB KAISERSLAUTERN HS REPLACE SCHOOL ..................................... 74,165 74,165 Army GY KLEBER KASERNE BARRACKS ................................................................................................. 20,000 20,000 Army GY LANDSTUHL WARRIOR IN TRANSITION (WT) COMPLEX ..................................... 25,000 –25,000 Air Force GY RAMSTEIN AB CONSTRUCT AGE MAINT COMPLEX .................................................. 11,500 11,500 Air Force GY RAMSTEIN AB CONTINGENCY RESPONSE GROUP COMMAND .............................. 23,200 23,200 Air Force GY SPANGDAHLEM AB FITNESS CTR ............................................................................................ 23,500 23,500 Def-Wide GY WEISBADEN WIESBADEN HS NEW CAFETERIA AND KITCHEN ....................... 5,379 5,379 FH Con Army GY WEISBADEN FAMILY HOUSING REPLACEMENT CONST INC 2 .......................... 10,000 10,000 FH Con Army GY WEISBADEN FAMILY HOUSING REPLACEMENT CONST INC 2 .......................... 11,000 11,000 FH Con Army GY WEISBADEN FAMILY HOUSING REPLACEMENT CONST INC 2 .......................... 11,000 11,000 Air Force IT SIGONELLA GLOBAL HAWK AIRCRAFT MAINT AND OPS COMPLEX .............. 31,300 –31,300 Army IT VICENZA BDE COMPLEX—OPERATIONS SPT FAC, INCR 3 .......................... 23,500 23,500 Army IT VICENZA BDE COMPLEX—BARRACKS/COMMUNITY, INCR 3 ....................... 22,500 22,500 Army JA OKINAWA TRAINING AIDS CENTER ...................................................................... 6,000 6,000 Army JA SAGAMIHARA TRAINING AIDS CENTER ...................................................................... 6,000 6,000 Army KR CAMP HUMPHREYS VEHICLE MAINTENANCE SHOP .......................................................... 19,000 19,000 Army KR CAMP HUMPHREYS VEHICLE MAINTENANCE SHOP .......................................................... 18,000 18,000 Army KR CAMP HUMPHREYS FIRE STATIONS ........................................................................................ 13,200 13,200 Def-Wide KR K–16 AIRFIELD CONVERT WAREHOUSES ...................................................................... 5,050 5,050 Def-Wide KR OSAN AB REPLACE HYDRANT FUEL SYSTEM ................................................. 28,000 28,000 FH Con Navy KR PUSAN CONSTR CHINHAE WELCOME CTR/WAREHOUSE ........................ 4,376 4,376 Army KU CAMP ARIFJAN APS WAREHOUSES ................................................................................. 82,000 82,000 Def-Wide ML GUAM HOSPITAL REPLACEMENT (INCR 1) ................................................. 259,156 –59,156 200,000 
1034 

† HR 2647 EAS 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

FH Con Navy ML GUAM REPLACE GUAM N. TIPALAO PH III ................................................. 20,730 20,730 Navy ML GUAM CONSOLIDATED SLC TRAINING & CSS–15 HQ FAC ...................... 45,309 45,309 Navy ML GUAM MILITARY WORKING DOG RELOCATION, APRA HARBOR .......... 27,070 –17,070 10,000 Navy ML GUAM DEFENSE ACCESS ROAD IMPROVEMENTS ..................................... 48,860 48,860 Navy ML GUAM AAFB NORTH RAMP UTILITIES (PHASE 1) .................................... 21,500 –21,500 Navy ML GUAM AAFB NORTH RAMP PARKING (PHASE 1) ....................................... 88,797 –88,797 Navy ML GUAM APRA HARBOR WHARVES IMP. (INCR 1) ......................................... 167,033 –83,516 83,517 Navy ML GUAM TORPEDO EXERCISE SUPPORT BUILDING .................................... 15,627 15,627 Air Force OM AL MUSANNAH AB WAR RESERVE MATERIAL COMPOUND ........................................... 47,000 –47,000 Air Force OM AL MUSANNAH AB AIRLIFT RAMP AND FUEL FACILITIES ........................................... 69,000 –69,000 USAR PR CAGUAS ARMY RESERVE CENTER/LAND ......................................................... 12,400 12,400 Air Force QA AL UDEID, QATAR BLATCHFORD-PRESTON COMPLEX PH II ....................................... 60,000 60,000 Navy SP ROTA RECEPTION AIRFIELD FACILITIES .................................................. 26,278 26,278 Air Force TK INCIRLIK AB CONSTRUCT CONSOLIDATED COMMUNITY CTR ........................... 9,200 9,200 Def-Wide UK MENWITH HILL STATION MHS PSC CONSTRUCTION .................................................................... 37,588 37,588 Def-Wide UK RAF MILDENHALL CONNECT FUEL TANK DISTRIBUTION PIPE LN ........................... 4,700 4,700 Def-Wide UK RAF ALCONBURY MEDICAL/DENTAL CLINIC REPLACEMENT .................................... 14,227 14,227 Def-Wide UK RAF LAKENHEATH LIBERTY IS—GYMNASIUM ................................................................... 4,509 4,509 ARNG VI ST. CROIX REGIONAL TRAINING INSTITUTE PH1 ............................................ 20,000 20,000 Air Force ZC CLASSIFIED LOCATION CLASSIFIED PLANNING & DESIGN ................................................... 3,000 3,000 NSIP ZU NSIP NATO SECURITY INVESTMENT PROGRAM ...................................... 276,314 276,314 AF Reserve ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ........................................................................ 1,976 1,976 Air Force ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION ............................................ 18,000 18,000 Air Force ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN ............................................................................. 79,363 79,363 Air Guard ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION ......................................................................... 9,000 9,000 Air Guard ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN ............................................................................. 10,061 10,061 Army ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION FY10 .............................................................. 23,000 23,000 Army ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN FY10 ................................................................... 153,029 153,029 Army ZU UNSPECIFIED WORLDWIDE HOST NATION SUPPORT FY10 ............................................................. 25,000 25,000 ARNG ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION ............................................ 10,300 10,300 ARNG ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ........................................................................ 23,981 23,981 Def-Wide ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ........................................................................ 3,575 3,575 
1035 

† HR 2647 EAS 

Def-Wide ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION ......................................................................... 4,525 4,525 Def-Wide ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION ............................................ 6,800 6,800 Def-Wide ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION ......................................................................... 3,717 3,717 Def-Wide ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ........................................................................ 2,000 2,000 Def-Wide ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ........................................................................ 10,534 10,534 Def-Wide ZU UNSPECIFIED WORLDWIDE JEP EXERCISE RELATED CONSTRUCTION .................................... 7,861 7,861 Def-Wide ZU UNSPECIFIED WORLDWIDE ENERGY CONSERVATION IMPROVEMENT PROGRAM .................. 90,000 33,013 123,013 Def-Wide ZU UNSPECIFIED WORLDWIDE CONTINGENCY CONSTRUCTION .......................................................... 10,000 10,000 Def-Wide ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION ............................................ 3,000 3,000 Def-Wide ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ........................................................................ 35,579 35,579 FH Con AF ZU UNSPECIFIED WORLDWIDE CONSTRUCTION IMPROVMENTS ......................................................... 61,737 61,737 FH Con AF ZU UNSPECIFIED WORLDWIDE CLASSIFIED PROJECT ........................................................................... 50 50 FH Con AF ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN ............................................................................. 4,314 4,314 FH Con Army ZU UNSPECIFIED WORLDWIDE CONSTRUCTION IMPROVEMENTS (2428 UNITS) ............................ 219,300 219,300 FH Con Army ZU UNSPECIFIED WORLDWIDE FAMILY HOUSING P&D .......................................................................... 3,936 3,936 FH Con Navy ZU UNSPECIFIED WORLDWIDE IMPROVEMENTS ...................................................................................... 118,692 118,692 FH Con Navy ZU UNSPECIFIED WORLDWIDE DESIGN ....................................................................................................... 2,771 2,771 FH Ops AF ZU UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT .............................................................................. 81,686 81,686 FH Ops AF ZU UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT ...................................................................... 1,557 1,557 FH Ops AF ZU UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT ...................................................................... 51,334 51,334 FH Ops AF ZU UNSPECIFIED WORLDWIDE SERVICES ACCOUNT ............................................................................... 20,183 20,183 FH Ops AF ZU UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT ...................................................................... 39,182 39,182 FH Ops AF ZU UNSPECIFIED WORLDWIDE MISCELLANEOUS ACCOUNT ................................................................ 1,543 1,543 FH Ops AF ZU UNSPECIFIED WORLDWIDE LEASING ACCOUNT ................................................................................. 548 548 FH Ops AF ZU UNSPECIFIED WORLDWIDE LEASING ..................................................................................................... 102,858 102,858 FH Ops AF ZU UNSPECIFIED WORLDWIDE MAINTENANCE ACCOUNT ..................................................................... 1,911 1,911 FH Ops AF ZU UNSPECIFIED WORLDWIDE MAINTENANCE (RPMA & RPMC) ......................................................... 148,318 148,318 FH Ops AF ZU UNSPECIFIED WORLDWIDE HOUSING PRIVATIZATION ................................................................... 53,816 53,816 FH Ops Army ZU UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT .............................................................................. 81,650 81,650 FH Ops Army ZU UNSPECIFIED WORLDWIDE OPERATIONS ............................................................................................. 87,263 87,263 FH Ops Army ZU UNSPECIFIED WORLDWIDE MISCELLANEOUS ACCOUNT ................................................................ 1,177 1,177 FH Ops Army ZU UNSPECIFIED WORLDWIDE LEASING ..................................................................................................... 205,685 205,685 FH Ops Army ZU UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL PROPERTY ................................................ 115,854 115,854 FH Ops Army ZU UNSPECIFIED WORLDWIDE PRIVATIZATION SUPPORT COSTS ..................................................... 31,789 31,789 FH Ops DW ZU UNSPECIFIED WORLDWIDE RECISSION (PUBLIC LAW 110–5) ........................................................FH Ops DW ZU UNSPECIFIED WORLDWIDE OPERATIONS ............................................................................................. 35 35 
1036 

† HR 2647 EAS 

MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

Account State/ Country Installation Project Title Budget Request Senate Change Senate Authorized 

FH Ops DW ZU UNSPECIFIED WORLDWIDE LEASING ..................................................................................................... 10,108 10,108 FH Ops DW ZU UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL PROPERTY ................................................ 69 69 FH Ops DW ZU UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT ...................................................................... 4,426 4,426 FH Ops DW ZU UNSPECIFIED WORLDWIDE LEASING ..................................................................................................... 33,579 33,579 FH Ops DW ZU UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT .............................................................................. 274 274 FH Ops DW ZU UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT ...................................................................... 19 19 FH Ops DW ZU UNSPECIFIED WORLDWIDE SERVICES ACCOUNT ............................................................................... 29 29 FH Ops DW ZU UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT ...................................................................... 309 309 FH Ops DW ZU UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL PROPERTY ................................................ 366 366 FH Ops Navy ZU UNSPECIFIED WORLDWIDE UTILITIES ACCOUNT .............................................................................. 53,956 53,956 FH Ops Navy ZU UNSPECIFIED WORLDWIDE FURNISHINGS ACCOUNT ...................................................................... 14,624 14,624 FH Ops Navy ZU UNSPECIFIED WORLDWIDE MANAGEMENT ACCOUNT ...................................................................... 60,278 60,278 FH Ops Navy ZU UNSPECIFIED WORLDWIDE MISCELLANEOUS ACCOUNT ................................................................ 457 457 FH Ops Navy ZU UNSPECIFIED WORLDWIDE SERVICES ACCOUNT ............................................................................... 16,462 16,462 FH Ops Navy ZU UNSPECIFIED WORLDWIDE LEASING ..................................................................................................... 101,432 101,432 FH Ops Navy ZU UNSPECIFIED WORLDWIDE MAINTENANCE OF REAL PROPERTY ................................................ 94,184 94,184 FH Ops Navy ZU UNSPECIFIED WORLDWIDE PRIVATIZATION SUPPORT COSTS ..................................................... 27,147 27,147 FHIF ZU UNSPECIFIED WORLDWIDE FAMILY HOUSING IMPROVEMENT FUND ........................................ 2,600 2,600 HOAP ZU UNSPECIFIED WORLDWIDE HOMEOWNERS ASSISTANCE PROGRAM .......................................... 23,225 350,000 373,225 Naval Res ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ........................................................................ 2,371 2,371 Navy ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTR ........................................................... 12,483 12,483 Navy ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ........................................................................ 166,896 166,896 USAR ZU UNSPECIFIED WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION ............................................ 3,600 3,600 USAR ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ........................................................................ 22,262 22,262 AF Reserve ZU VARIOUS WORLDWIDE MINOR CONSTRUCTION ......................................................................... 800 800 Def-Wide ZU VARIOUS WORLDWIDE PLANNING AND DESIGN ........................................................................ 72,974 72,974 Def-Wide ZU VARIOUS WORLDWIDE UNSPECIFIED MINOR CONST .............................................................. 6,022 6,022 Def-Wide ZU VARIOUS WORLDWIDE PLANNING AND DESIGN ........................................................................ 4,425 4,425 Def-Wide ZU VARIOUS WORLDWIDE PLANNING AND DESIGN ........................................................................ 8,855 8,855 Def-Wide ZU VARIOUS WORLDWIDE UNSPECIFIED MINOR CONSTRUCTION ............................................ 4,100 4,100 

TOTAL FY2010 AUTHORIZATIONS ........................................... 22,946,036 –22,843 22,923,193 
1037 

† HR 2647 EAS 

Prior Year Savings .............................................................................. –112,500 

GRAND TOTAL ..................................................................................... 22,946,036 –135,343 22,810,693 

SEC. 4502. 2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING. 

2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 

(In Thousands of Dollars) 

Account 

Commission 

Recommendation Location State Project Title Project Authorization Authorization of Appropriation 

Army 11 Anniston (Pelham Range) AL Armed Forces Reserve Center ......................................................................... 8,000 8,000 Army 11 Birmingham AL Armed Forces Reserve Center ......................................................................... 10,000 10,000 Army 11 Mobile AL Armed Forces Reserve Center ......................................................................... 20,430 20,430 Defense Wide 134 Redstone Arsenal AL Von Braun Complex ........................................................................................ 27,800 Army 11 Tuscaloosa AL Armed Forces Reserve Center ......................................................................... 18,000 18,000 Army 13 Camden AR Armed Forces Reserve Center ......................................................................... 9,800 9,800 Army 13 El Dorado AR Armed Forces Reserve Center ......................................................................... 14,000 14,000 Army 13 Hot Springs AR Armed Forces Reserve Center ......................................................................... 14,600 14,600 Army 13 Pine Bluff AR Armed Forces Reserve Center ......................................................................... 15,500 15,500 Army 12 Marana AZ Armed Forces Reserve Center ......................................................................... 31,000 31,000 Navy 57 Barstow CA Industrial Machine Shop Facility ................................................................. 14,131 14,130 Navy 184 China Lake CA Shipboard Shock Test Facility ...................................................................... 3,160 3,160 Navy 184 China Lake CA Weapons Dynamics RDT&E Center ............................................................. 5,970 5,970 Army 15 Middletown CT Armed Forces Reserve Center, Incr 2 ............................................................ 37,000 37,000 
1038 

† HR 2647 EAS 

2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 

(In Thousands of Dollars) 

Account 

Commission 

Recommendation Location State Project Title Project Authorization Authorization of Appropriation 

Navy 149 Washington DC Navy Systems Management Activity Relocation (INCR II of II) .............. 71,929 71,929 Navy 149 Washington DC Renovate 3rd Floor Buildging 176, Washington Navy Yard ...................... 750 750 Army 04 Eglin AFB FL Special Forces Complex, Incr 2 ..................................................................... 8,000 8,000 Air Force 125 Eglin AFB FL BRAC F–35 Live Ordnance Load Area (LOLA) ......................................... 6,624 6,624 Air Force 4B, 125 Eglin AFB FL CE Facility ...................................................................................................... 2,000 2,000 Air Force 125 Eglin AFB FL F–35 (JSF) Duke Field Control Tower ........................................................ 2,280 2,280 Air Force 4B, 125 Eglin AFB FL Fitness Facility ............................................................................................... 2,750 2,750 Air Force 125 Eglin AFB FL STOVL Simulated Carrier Practice Landing Deck ..................................... 27,690 27,690 Air Force 125 Eglin AFB FL School Age Facility ......................................................................................... 2,600 2,600 Air Force 125 Eglin AFB FL Security Forces Facility ................................................................................. 890 890 Air Force 125 Eglin AFB FL Taxiway Extension ......................................................................................... 13,000 13,000 Air Force 125 Eglin AFB FL Traffic Management Cargo Processing Facility ........................................... 900 900 Army 9 Benning GA AAFES Troop Store ....................................................................................... 1,950 1,950 Army 17 Benning GA Armed Forces Reserve Center ......................................................................... 18,000 18,000 Army 2 Benning GA Equipment Concentration Site ...................................................................... 43,000 43,000 Army 9 Benning GA General Instruction Complex 2, Incr 2 ......................................................... 58,000 58,000 Army 9 Benning GA Maneuver Ctr HQ & CDI Bldg Expansion .................................................. 42,000 42,000 Army 9 Benning GA Medical Facility, Incr 2 ................................................................................. 77,000 77,000 Army 21 Cedar Rapids IA Armed Forces Reserve Center ......................................................................... 42,000 42,000 Army 21 Iowa AAP IA Armed Forces Reserve Center ......................................................................... 27,000 27,000 Army 21 Muscatine IA Armed Forces Reserve Center ......................................................................... 8,800 8,800 Army 2 Rock Island IL Army Headquarters Building Renovation .................................................... 20,000 20,000 Army 43 Campbell KY Armed Forces Reserve Center ......................................................................... 5,900 5,900 Army 2 Campbell KY Headquarters Building, Group ...................................................................... 14,800 14,800 Army 55 Knox KY Armed Forces Reserve Center ......................................................................... 2,300 2,300Army 5 Aberdeen PG MD C4ISR, Phase 2, Incr 2 .................................................................................. 156,000 156,000 Defense Wide 169 Bethesda (WRNMMC) MD Medical Center Addition—Increment 3 ........................................................ 108,850 108,850 Defense Wide 169 Bethesda (WRNMMC) MD Traffic Mitigation Increment 1 ..................................................................... 18,400 18,400 Defense Wide 169 Bethesda (WRNMMC) MD Site Utility Infrastructure Upgrade for NICoE ........................................... 6,500 Army 174 Detrick MD Joint Bio-Med RDA Management Center ..................................................... 8,300 8,300 Army 169 Forest Glenn MD Museum ............................................................................................................ 12,200 12,200 
1039 

† HR 2647 EAS 

Defense Wide 140 Fort Meade MD Construct DISA Building .............................................................................. 131,662 131,662 Army 141 Fort Meade MD Defense Media Activity, Incr 2 ...................................................................... 17,000 17,000 Navy 65 Brunswick ME Marine Corps Reserve Center ......................................................................... 12,960 12,960 Army 176 Detroit Arsenal MI Administrative Office Buildings, Incr 2 ....................................................... 21,384 Army 176 Detroit Arsenal MI Weapons Systems Support and Training ..................................................... 8,300 8,300 Army 26 Ft. Custer (Augusta) MI Armed Forces Reserve Center ......................................................................... 18,500 18,500 Air Force 95 Selfridge ANGB MI A10 Arm/Disarm Apron ................................................................................. 1,350 1,350 Air Force 95 Selfridge ANGB MI Repair Munitions Admin Building 891 ....................................................... 3,100 3,100 Air Force 95 Selfridge ANGB MI Upgrade Munitions Maintenance Shop ........................................................ 1,650 1,650 Air Force 95 Selfridge ANGB MI Upgrade Munitions Missile Maintenance Bays ............................................ 2,350 2,350 Army 28 Kirksville MO Armed Forces Reserve Center ......................................................................... 6,600 6,600 Army 29 Great Falls MT Armed Forces Reserve Center ......................................................................... 7,600 7,600 Army 3 Bragg NC Band Training Facility ................................................................................. 4,200 4,200 Army 3 Bragg NC Headquarters Bldg, FORSCOM/USARC, Incr 3 ......................................... 124,000 124,000 Army 35 Wilmington NC Armed Forces Reserve Center ......................................................................... 17,500 17,500 Army 36 Fargo ND Armed Forces Reserve Center ......................................................................... 11,200 11,200 Army 30 Columbus NE Armed Forces Reserve Center ......................................................................... 9,300 9,300 Army 30 McCook NE Armed Forces Reserve Center ......................................................................... 7,900 7,900 Army 32 Camden NJ Armed Forces Reserve Center ......................................................................... 21,000 21,000 Army 05 West Point NY US Military Academy Prep School, Incr 2 .................................................. 98,000 Army 37 Columbus OH Armed Forces Reserve Center, Incr 2 ............................................................ 30,218 Navy 73 Akron OH Armed Forces Reserve Center ......................................................................... 13,840 13,840 Army 126 Sill OK Joint Fires & Effects Simulator Building .................................................... 28,000 28,000 Air Force 92 Will Rogers World APT OK Relocate Global Air Traffic Operation Program Office ............................... 1,200 1,200 Army 40 Allentown PA Armed Forces Reserve Center ......................................................................... 15,000 15,000 Army 150 Tobyhanna PA Electronics Maintenance Shop, Depot Level ................................................. 3,200 3,200 Air Force 68 Willow Grove ARS PA Establish Enclave ............................................................................................ 4,000 4,000 Army 42 Bristol RI Armed Forces Reserve Center ......................................................................... 17,500 17,500 Navy 181 Charleston SC SPAWAR Data Center ................................................................................... 9,670 9,670 Navy 138 Goose Creek SC Consolidated Brig Addition ............................................................................ 9,790 9,790 Army 3 Shaw AFB SC Headquarters Building, Third US Army, Incr 2 ........................................ 55,000 55,000 Army 43 Chattanooga TN Armed Forces Reserve Center ......................................................................... 8,900 8,900 Army 10 Bliss TX Brigade Combat Team Complex #3, Incr 3 ................................................. 110,000 110,000 Army 10 Bliss TX Combat Aviation Brigade Complex, Incr 3 .................................................. 94,000 94,000 Army 10 Bliss TX Hospital Add/Alt, WBAMC ............................................................................ 24,000 24,000 Army 10 Bliss TX Hospital Replacement ..................................................................................... 89,000 89,000 
1040 

† HR 2647 EAS 

2005 BASE REALIGNMENT AND CLOSURE ROUND FY 2010 PROJECT LISTING 

(In Thousands of Dollars) 

Account 

Commission 

Recommendation Location State Project Title Project Authorization Authorization of Appropriation 

Army 10 Bliss TX Tactical Equipment Maintenance Facility 2 ............................................... 104,000 104,000 Army 44 Brownsville TX Armed Forces Reserve Center ......................................................................... 15,000 15,000 Army 44 Huntsville TX Armed Forces Reserve Center ......................................................................... 16,000 16,000 Army 44 Kingsville TX Armed Forces Reserve Center ......................................................................... 17,500 17,500 Air Force 146 Lackland AFB TX Joint Base San Antonio Headquarters Facility .......................................... 8,500 8,500Army 44 Lufkin TX Armed Forces Reserve Center ......................................................................... 15,500 15,500 Air Force 128 Randolph AFB TX Renovate Building 38 ..................................................................................... 2,050 2,050 Army 44 Red River TX Armed Forces Reserve Center ......................................................................... 14,200 14,200 Defense Wide 172 Fort Sam Houston TX San Antonio Military Medical Center (North) Incr 3 ................................. 163,750Army 148 Sam Houston TX Add/Alt Building 2270 ................................................................................... 18,000 18,000 Army 148 Sam Houston TX Housing, Enlisted Permanent Party ............................................................. 10,800 10,800 Army 148 Sam Houston TX IMCOM Campus Area Infrastructure ........................................................... 11,000 11,000 Army 148 Sam Houston TX Headquarters Bldg, IMCOM .......................................................................... 48,000 48,000 Army 132 Belvoir VA Infrastructure Support, Incr 3 ...................................................................... 13,000 13,000 Army 168 Belvoir VA Infrastructure Support, Incr 3 ...................................................................... 39,400 39,400 Army 169 Belvoir VA NARMC HQ Building .................................................................................... 17,500 17,500 Defense Wide 168 Fort Belvoir VA NGA Headquarters Facility ........................................................................... 168,749 Defense Wide 169 Fort Belvoir VA Hospital Replacement—Increment 4 ............................................................ 140,750 140,750 Defense Wide 169 Fort Belvoir VA Dental Clinic ................................................................................................... 12,600 12,600 Defense Wide 133 Fort Belvoir VA Office Complex Increment 3 ........................................................................... 360,533 Army 8 Eustis VA Bldg 705 Renv (AAA & 902d MI) ................................................................. 1,600 1,600 Army 8 Eustis VA Headquarters Bldg, IMCOM Eastern Region ............................................... 5,700 5,700 Army 8 Eustis VA Headquarters Building, TRADOC, Incr 2 ................................................... 34,300 34,300 Army 8 Eustis VA Joint Task Force—Civil Support .................................................................. 19,000 19,000 Army 3 Eustis VA Renovation for ACA and NETCOM .............................................................. 4,800 4,800 Army 121 Lee VA AAFES Troop Store ....................................................................................... 1,850 1,850 Army 133 Lee VA Administrative Building (DCMA) ................................................................. 28,000 28,000 Army 121 Lee VA Combat Service Support School, Ph 1, Incr 4 ............................................. 30,000 Army 121 Lee VA Combat Service Support School, Ph 2, Incr 3 ............................................. 137,000 137,000 Army 121 Lee VA Combat Service Support School, Ph 3, Incr 2 ............................................. 145,000 145,000 Army 121 Lee VA Consolidated Troop Med/Dntl Clinic ............................................................. 20,000 20,000 
1041 

† HR 2647 EAS 

Army 122 Lee VA HQs, Transportation Management Detachment ........................................... 1,200 1,200 Army 121 Lee VA USMC Training Facilities ............................................................................. 25,000 25,000 Navy 149 Arlington VA Crystal Park 5 to Arlington Service Center ................................................. 33,660 33,660 Navy 138 Chesapeake VA Joint Regional Correctional Facility (INCR II of II) ................................. 47,560 Navy 181 Norfolk VA Building 1558 Renovations for SPAWAR .................................................... 2,510 2,510 Army 47 Elkins WV Armed Forces Reserve Center ......................................................................... 22,000 22,000 Army 47 Fairmont WV Armed Forces Reserve Center ......................................................................... 21,000 21,000 Army 47 Spencer-Ripley WV Armed Forces Reserve Center ......................................................................... 19,540 19,540 Army PM Various WW Planning and Design ...................................................................................... 26,100 26,100 Army Various Various Environmental ................................................................................................ 147,693 147,693 Navy Various Various Environmental ................................................................................................ 16,529 16,529 Air Force Various Various Environmental ................................................................................................ 19,454 19,454 Army Various Various Operation and Maintenance .......................................................................... 1,169,334 1,169,334 Navy Various Various Operation and Maintenance .......................................................................... 322,495 322,495 Air Force Various Various Operation and Maintenance .......................................................................... 288,459 288,459 Defense Wide Various Various Operation and Maintenance .......................................................................... 836,715 836,715 Navy Various Various MilPers PCS .................................................................................................... 6,504 6,504 Air Force Various Various MilPers PCS .................................................................................................... 3,970 3,970 Army Various Various Other ................................................................................................................. 311,138 311,138 Navy Various Various Other ................................................................................................................. 20,115 20,115 Air Force Various Various Other ................................................................................................................. 23,443 23,443 Defense Wide Various Various Other ................................................................................................................. 412,320 412,320 

Subtotal BRAC 2005 FY 2010, Army ........................................................... 4,081,037 Subtotal BRAC 2005 FY 2010, Navy ........................................................... 591,572 Subtotal BRAC 2005 FY 2010, Air Force .................................................... 418,260 Subtotal BRAC 2005 FY 2010, Defense Wide .............................................. 2,388,629 Total BRAC 2005 FY 2010 All Categories .................................... 5,934,740 7,479,498 

Army Various Various Base Realignment and Closure IV, Army ..................................................... 98,723 Navy Various Various Base Realignment and Closure IV, Navy ...................................................... 168,000 Air Force Various Various Base Realignment and Closure IV, Air Force .............................................. 127,364 Defense Wide Various Various Base Realignment and Closure IV, Defense Wide ........................................ 2,681 

Total BRAC IV for FY 2010 ................................................................ 396,768 
1042 

† HR 2647 EAS 

SEC. 4503. AMERICAN RECOVERY AND REINVESTMENT ACT MILITARY CONSTRUCTION. 

AMERICAN RECOVERY AND REINVESTMENT ACT MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

State Account Installation Project Title Senate Authorized 

AK Air Force Eielson AFB Replace Military Family Housing—Phase 4 (Current Mission) (76 units) .......................... 53,900 

AL Air Force Birmingham Mobility Processing ...................................................................................................................... 2,300 

AR Air Force Fort Smith Replace Civil Engineering Complex ........................................................................................... 7,800 

CA Defense Wide Camp Pendleton Hospital Replacement .................................................................................................................. 563,100 CA ARNG Fort Hunter-Liggett Family Housing New Construction (1 Unit) ............................................................................ 620 CA ARNG Fort Hunter-Liggett Family Housing Replacement Construction (4 units) .............................................................. 1,750 CA Navy Marine Corps Base Camp Pendleton Child Development Center ........................................................................................................... 15,420 CA Navy Marine Corps Base Camp Pendleton Photovoltaic System ..................................................................................................................... 10,731 CA Navy Marine Corps Base Camp Pendleton Repair Bachelor Enlisted Quarters ............................................................................................ 8,901 CA ARNG Mather Air Field Resurface Airfield Pavement ....................................................................................................... 1,500 CA Navy Naval Air Station Lemoore Expand Child Development Center ............................................................................................ 7,793 CA Navy Naval Base Coronado Child Care Center 24/7 ................................................................................................................ 2,301 CA Navy Naval Base Coronado Bachelor Enlisted Quarters ......................................................................................................... 86,275 CA Navy Naval Base Point Loma Child Development Center ........................................................................................................... 11,844 CA ARNG Sierra AD Family Housing Replacement Construction (1 unit) ............................................................... 707 

CO Army Fort Carson Child Development Center ........................................................................................................... 12,500 CO Air Force Peterson AFB Construct Child Development Center .......................................................................................... 11,200 

FL Air Force Hurlburt Field Child Development Center ........................................................................................................... 11,000 FL Defense Wide Naval Airt Station Jacksonville Hospital Alteration ...................................................................................................................... 27,210 FL Navy Naval Station Mayport Child Development Center ........................................................................................................... 10,220 

GA Army Fort Stewart (Hunter AAF) Child Youth Services Center ........................................................................................................ 8,600 GA Air Force Moody AFB Child Development Center ........................................................................................................... 11,400 

HI Navy Marine Corps Base Hawaii Child Development Center ........................................................................................................... 19,360 

IA Air Force Des Moines Replace Communication Facility ............................................................................................... 6,000 

IL ARNG Rock Island Family Housing New Construction (2 Units) ........................................................................... 930 

KS Air Force Forbes Add/Alter Fire Station ................................................................................................................ 4,100 KY Army Fort Campbell Warrior in Transition (WT) Complex ....................................................................................... 43,000 

MD Air Force Andrews AFB ANGRC Operations Center ......................................................................................................... 8,000 
1043 

† HR 2647 EAS 

MD Navy Naval Support Activity Annapolis Replace Steam Generation Plant ................................................................................................ 1,994 MD Navy Naval Surface Warfare Center Carderock Replace Underground Steam Lines ............................................................................................ 1,253 

MS Air Force Keesler AFB Dormitory (144 Rm) .................................................................................................................... 20,800 

MT Air Force Malmstrom AFB Repair Structural Foundations In Minuteman Village (179 units) ....................................... 26,200 

NC Army Fort Bragg Child Development Center ........................................................................................................... 11,300 NC Navy Marine Corps Air Station New River Repair Bachelor Enlisted Quarters ............................................................................................ 3,039 NC Navy Marine Corps Base Camp Lejeune Facility and Photovoltaic Energy Upgrades ............................................................................. 13,779 NC ARNG Raleigh AFRC Raleigh (JFHQ–NC) ........................................................................................................ 39,500 

ND Air Force Minot AFB Dormitory (168 Rm) ................................................................................................................... 28,300 

NE ARNG Camp Ashland Dining Facility Add/Alt .............................................................................................................. 2,900 

NJ Air Force Atlantic City Construct N&S Arm/Disarm Aprons ......................................................................................... 4,300 

NM Air Force Cannon AFB Child Development Center ........................................................................................................... 12,000 

NV ARNG Hawthorne AD Family Housing Improvement (new water main) .................................................................... 950 

NV Air Force Nellis AFB Child Development Center ........................................................................................................... 13,400 

NY ARNG Brooklyn (Ft. Hamilton) Ready Building (WMD CST) ..................................................................................................... 1,500 NY Army Fort Drum Child Development Center ........................................................................................................... 10,700 

OK ARNG McAlester AD Family Housing Replacement Construction (6 units) .............................................................. 2,200 

OR ARNG Camp Withycombe Storm Sewer ................................................................................................................................. 1,300 

PA Air Force Fort Indian Town Gap Replace Troop Training Qtrs ...................................................................................................... 7,000 PA ARNG Letterkenny AD Family Housing New Construction (3 units) ............................................................................ 1,050 

PA ARNG Tobyhanna Family Housing Replacement Construction (2 units) .............................................................. 1,000 

SC Air Force Shaw AFB Dormitory (144 Rm) .................................................................................................................... 22,500 

TN Navy Naval Support Activity Mid-South Child Development Center ........................................................................................................... 11,960 

TX Army Fort Bliss Warrior in Transition (WT) Complex ....................................................................................... 57,000 

TX Army Fort Hood Child Development Center ........................................................................................................... 12,700 TX Defense Wide Fort Hood Hospital Replacement Phase 1 ................................................................................................... 621,000 

TX Air Force Goodfellow AFB Student Dormitory (200 Rm) ..................................................................................................... 28,400 TX Air Force Lackland AFB Add/Alter Child Development Center .......................................................................................... 6,000 

UT ARNG Dugway Proving Grounds Family Housing Replacement Construction (20 units) ............................................................ 10,000 UT Air Force Hill AFB Child Development Center ........................................................................................................... 15,000 UT Air Force Salt Lake City Fire Station, Phase 2 ................................................................................................................... 5,100 

VA Army Fort Belvoir Child Development Center ........................................................................................................... 14,600 VA Army Fort Eustis Child Development Center ........................................................................................................... 9,600 VA Navy Hampton Roads Install Photovoltaic Systems ....................................................................................................... 26,098 VA Navy Naval Station Norfolk Repair Steam Lines ..................................................................................................................... 1,054 VA Navy Naval Station Norfolk Steam Plant Area Decentralization ........................................................................................... 23,593 
1044 

† HR 2647 EAS 

AMERICAN RECOVERY AND REINVESTMENT ACT MILITARY CONSTRUCTION 

(In Thousands of Dollars) 

State Account Installation Project Title Senate Authorized 

VA ARNG Radford AAP Family Housing Replacement Construction (4 units) .............................................................. 1,300 

WA Navy Naval Air Station Whidbey Island Replace Water Distribution System ........................................................................................... 20,054 

WI ARNG Fort McCoy Family Housing New Construction (23 units) .......................................................................... 14,000 

WI Air Force General Mitchell Security Forces CATM/CATS ..................................................................................................... 1,100 

WV Air Force Eastern West Virginia Regional Airport C–5 Avionics Shop ....................................................................................................................... 4,300 WV ARNG Gassaway Readiness Center Add/Alt ............................................................................................................ 3,300 

Defense Wide Various Locations Planning and Design (P&D) ...................................................................................................... 118,690 Navy Various Locations P&D—DoN Child Development Center Projects ....................................................................... 1,102 

Navy Various Locations P&D—DoN Energy Projects ....................................................................................................... 1,444 

Navy Various Locations P&D—DoN Bachelor Enlisted Quarter Projects ....................................................................... 1,785 

SEC. 4504. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS. 

MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Service Country Location Project Authoriza- tion Authorized for Appro- priation 

AF AF WOLVERINE CARGO HANDLING AREA ........................................................................ 4,900 4,900 
1045 

† HR 2647 EAS 

ARMY AF WOLVERINE DINING FACILITY ...................................................................................... 2,200 2,200 ARMY AF WOLVERINE FUEL SYSTEM, PH 1 ................................................................................ 5,800 5,800 ARMY AF WOLVERINE WASTE MANAGEMENT COMPLEX ........................................................ 6,900 6,900 AF AF TOMBSTONE/BASTION STRATEGIC AIRLIFT APRON EXPANSION ........................................ 32,000 32,000 AF AF TOMBSTONE/BASTION CAS APRON EXPANSION ......................................................................... 40,000 40,000 AF AF TOMBSTONE/BASTION ISR APRON .................................................................................................. 41,000 41,000 AF AF TOMBSTONE/BASTION SECURE RSOI FACILITY ......................................................................... 10,000 10,000 AF AF TOMBSTONE/BASTION CARGO HANDLING AREA ........................................................................ 18,000 18,000 AF AF TOMBSTONE/BASTION AVIATION OPERATIONS & MAINTENANCE FACS ............................ 8,900 8,900 AF AF TOMBSTONE/BASTION EXPEDITIONARY FIGHTER SHELTER ............................................... 6,300 6,300 ARMY AF TOMBSTONE/BASTION BASIC LOAD AMMUNITION HOLDING AREA .................................... 7,500 7,500 ARMY AF TOMBSTONE/BASTION DINING FACILITY ...................................................................................... 8,900 8,900 ARMY AF TOMBSTONE/BASTION ENTRY CONTROL POINT AND ACCESS ROADS ............................... 14,200 14,200 ARMY AF TOMBSTONE/BASTION FUEL SYSTEM, PH 2 ................................................................................ 14,200 14,200 ARMY AF TOMBSTONE/BASTION ROADS ........................................................................................................... 4,300 4,300 ARMY AF TOMBSTONE/BASTION LEVEL 3 MEDICAL FACILITY ................................................................ 16,500 16,500ARMY AF TOMBSTONE/BASTION WATER SUPPLY AND DISTRIBUTION SYSTEM ............................... 6,200 6,200 AF AF TARIN KOWT CARGO HANDLING AREA ........................................................................ 4,900 4,900 ARMY AF TARIN KOWT DINING FACILITY ...................................................................................... 4,350 4,350 ARMY AF TARIN KOWT FUEL SYSTEM PHASE 2 ......................................................................... 11,800 11,800 ARMY AF TARIN KOWT WASTE MANAGEMENT AREA ................................................................ 6,800 6,800 ARMY AF TARIN KOWT AMMUNITION SUPPLY POINT ............................................................... 35,000 35,000 ARMY AF SHARANA ROTARY WING PARKING ......................................................................... 32,000 32,000 ARMY AF SHARANA AMMUNITION SUPPLY POINT ............................................................... 14,000 14,000 ARMY AF SHARANA AIRCRAFT MAINTENANCE FACILITIES ............................................. 12,200 12,200 ARMY AF SHARANA ELECTRICAL DISTRIBUTION GRID .................................................... 2,600 2,600 AF AF SHANK CARGO HANDLING AREA ........................................................................ 4,900 4,900 ARMY AF SHANK DINING FACILITY ...................................................................................... 4,350 4,350 ARMY AF SHANK ELECTRICAL DISTRIBUTION GRID .................................................... 4,600 4,600 ARMY AF SHANK WASTE MANAGEMENT COMPLEX ........................................................ 8,100 8,100 ARMY AF SHANK WATER DISTRIBUTION SYSTEM .......................................................... 2,650 2,650 ARMY AF SHANK TROOP HOUSING PHASE 2 ....................................................................ARMY AF SALERNO WASTE MANAGEMENT COMPLEX ........................................................ 5,500 5,500 ARMY AF SALERNO ELECTRICAL DISTRIBUTION GRID .................................................... 2,600 2,600 ARMY AF SALERNO FUEL SYSTEM, PH 1 ................................................................................ 12,800 12,800 ARMY AF SALERNO DINING FACILITY ...................................................................................... 4,300 4,300 
1046 

† HR 2647 EAS 

MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Service Country Location Project Authoriza- tion Authorized for Appro- priation 

ARMY AF SALERNO RUNWAY UPGRADE .................................................................................. 25,000 25,000 ARMY AF METHAR-LAM WASTE MANAGEMENT AREA ................................................................ 4,150 4,150 ARMY AF MAYWAND DINING FACILITY ...................................................................................... 6,600 6,600 ARMY AF MAYWAND WASTE MANAGEMENT AREA ................................................................ 5,600 5,600 AF AF KANDAHAR SECURE RSOI FACILITY ......................................................................... 9,700 9,700 AF AF KANDAHAR TACTICAL AIRLFIT APRON .................................................................... 29,000 29,000 AF AF KANDAHAR REFUELER APRON/RELOCATE HCP ................................................... 66,000 66,000 AF AF KANDAHAR CAS APRON EXPANSION ......................................................................... 25,000 25,000 AF AF KANDAHAR ISR APRON EXPANSION .......................................................................... 40,000 40,000 AF AF KANDAHAR AVIATION OPERATIONS & MAINTENANCE FACILITIES ............... 10,500 10,500 AF AF KANDAHAR EXPEDITIONARY FIGHTER SHELTER ............................................... 6,400 6,400 AF AF KANDAHAR CARGO HELICOPTER APRON ................................................................ 32,000 32,000 AF AF KANDAHAR RELOCATE NORTH AIRFIELD ROAD .................................................. 16,000 16,000 ARMY AF KANDAHAR TROOP HOUSING PHASE 2 ....................................................................ARMY AF KANDAHAR COMMAND AND CONTROL FACILITY .................................................. 4,500 4,500 ARMY AF KANDAHAR TANKER TRUCK OFFLOAD FACILITY ................................................ 23,000 23,000 ARMY AF KANDAHAR COMMAND AND CONTROL FACILITY .................................................. 4,500 4,500 ARMY AF KANDAHAR COMMAND AND CONTROL FACILITY .................................................. 4,500 4,500 ARMY AF KANDAHAR SOUTHPARK ROADS ................................................................................ 11,000 11,000 ARMY AF KANDAHAR WASTE MANAGEMENT COMPLEX ........................................................ 10,000 10,000 ARMY AF KANDAHAR WAREHOUSE .............................................................................................. 20,000 20,000 ARMY AF KANDAHAR THEATER VEHICLE MAINTENANCE FACILITY ............................... 55,000 55,000 ARMY AF KABUL USFOR–A HEADQUARTERS & HOUSING ........................................... 98,000 98,000 ARMY AF KABUL CAMP PHOENIX WEST EXPANSION .................................................... 39,000 39,000 ARMY AF JOYCE DINING FACILITY ...................................................................................... 2,100 2,100 ARMY AF JOYCE WASTE MANAGEMENT AREA ................................................................ 5,600 5,600 ARMY AF JALALABAD DINING FACILITY ...................................................................................... 4,350 4,350 ARMY AF JALALABAD AMMUNITION SUPPLY POINT ............................................................... 35,000 35,000 ARMY AF JALALABAD CONTINGENCY HOUSING ........................................................................ARMY AF JALALABAD PERIMETER FENCING ............................................................................. 2,050 2,050 ARMY AF GHAZNI WASTE MANAGEMENT COMPLEX ........................................................ 5,500 5,500 
1047 

† HR 2647 EAS 

ARMY AF GARDEZ TACTICAL RUNWAY .................................................................................. 28,000 28,000 ARMY AF GARDEZ DINING FACILITY ...................................................................................... 2,200 2,200ARMY AF GARDEZ CONTINGENCY HOUSING ........................................................................ARMY AF GARDEZ FUEL SYSTEM, PH 1 ................................................................................ 6,000 6,000 ARMY AF FRONTENAC DINING FACILITY ...................................................................................... 2,200 2,200 ARMY AF FRONTENAC CONTINGENCY HOUSING ........................................................................AF AF DWYER CONTINGENCY HOUSING PHASE 1 .....................................................AF AF DWYER CONTINGENCY HOUSING PHASE 2 .....................................................AF AF DWYER CARGO HANDLING AREA ........................................................................ 4,900 4,900 ARMY AF DWYER FUEL SYSTEM, PH 1 ................................................................................ 5,800 5,800 ARMY AF DWYER WASTE MANAGEMENT COMPLEX ........................................................ 6,900 6,900 ARMY AF DWYER DINING FACILITY ...................................................................................... 2,200 2,200 ARMY AF BOSTICK WASTE MANAGEMENT AREA ................................................................ 5,500 5,500 ARMY AF BLESSING WASTE MANAGEMENT AREA ................................................................ 5,600 5,600 AF AF BAGRAM AIR BASE CARGO TERMINAL .................................................................................... 13,800 13,800 AF AF BAGRAM AIR BASE AVIATION OPERATIONS & MAINTENANCE FACILITIES ............... 8,900 8,900 AF AF BAGRAM AIR BASE EXPEDITIONARY FIGHTER SHELTER ............................................... 6,400 6,400 ARMY AF BAGRAM AIR BASE TROOP HOUSING PHASE 3 ....................................................................ARMY AF BAGRAM AIR BASE DRAINAGE SYSTEM, PH 2 ...................................................................... 21,000 21,000 ARMY AF BAGRAM AIR BASE BARRACKS ................................................................................................... 18,500 18,500 ARMY AF BAGRAM AIR BASE PERIMETER FENCE AND GUARD TOWERS ...................................... 7,000 7,000 ARMY AF BAGRAM AIR BASE COMMAND AND CONTROL FACILITY .................................................. 38,000 38,000 ARMY AF BAGRAM AIR BASE ACCESS ROADS .......................................................................................... 21,000 21,000 ARMY AF BAGRAM AIR BASE COMMAND AND CONTROL FACILITY .................................................. 4,500 4,500 ARMY AF BAGRAM AIR BASE MEDLOG WAREHOUSE ............................................................................ 3,350 3,350ARMY AF ASADABAD WASTE MANAGEMENT AREA ................................................................ 5,500 5,500 ARMY AF ALTIMUR DINING FACILITY ...................................................................................... 2,150 2,150 ARMY AF ALTIMUR WASTE MANAGEMENT AREA ................................................................ 5,600 5,600 ARMY AF AIRBORNE DINING FACILITY ...................................................................................... 2,200 2,200 ARMY AF AIRBORNE WASTE MANAGEMENT AREA ................................................................ 5,600 5,600 ARMY BE MONS NATO SOF OPERATIONAL SUPPORT, TRAINING ............................ 20,000 20,000 AF ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ......................................................................... 35,000 ARMY ZU UNSPECIFIED WORLDWIDE MINOR CONSTRUCTION .......................................................................... 20,000 20,000 ARMY ZU UNSPECIFIED WORLDWIDE PLANNING AND DESIGN ......................................................................... 75,884 NSA ZU UNSPECIFIED WORLDWIDE CLASSIFIED PROJECT ............................................................................NSA ZU UNSPECIFIED WORLDWIDE PLANNING & DESIGN ...............................................................................
1048 

† HR 2647 EAS 

MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS 

(In Thousands of Dollars) 

Service Country Location Project Authoriza- tion Authorized for Appro- priation 

Grand Total Military Construction .............................................. 1,294,100 1,404,984 

TITLE XLVI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

SEC. 4601. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS. 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 Request Senate Change Senate Authorized 

Electricity Delivery & Energy Reliability 

Electricity Delivery & Energy Reliability 

Infrastructure security & energy restoration ............................................................................................................................................. 6,188 –6,188 
1049 

† HR 2647 EAS 

Weapons Activities 

Directed stockpile work 

Life extension programs 

W76 Life extension program ............................................................................................................................................................... 209,196 209,196 

Total, Life extension programs ...................................................................................................................................................... 209,196 209,196 Stockpile systems 

B61 Stockpile systems .......................................................................................................................................................................... 124,456 124,456 W76 Stockpile systems ......................................................................................................................................................................... 65,497 65,497 W78 Stockpile systems ......................................................................................................................................................................... 50,741 50,741 W80 Stockpile systems ......................................................................................................................................................................... 19,064 19,064 B83 Stockpile systems .......................................................................................................................................................................... 35,682 35,682 W87 Stockpile systems ......................................................................................................................................................................... 51,817 51,817 W88 Stockpile systems ......................................................................................................................................................................... 43,043 43,043 

Total, Stockpile systems .................................................................................................................................................................... 390,300 390,300 Weapons dismantlement and disposition 

Operation and maintenance ................................................................................................................................................................ 84,100 15,000 99,100 

Total, Weapons dismantlement and disposition ................................................................................................................... 84,100 15,000 99,100 Stockpile services 

Production support ............................................................................................................................................................................... 301,484 301,484 Research and development support ..................................................................................................................................................... 37,071 37,071 R&D certification and safety .............................................................................................................................................................. 143,076 30,000 173,076 Management, technology, and production .......................................................................................................................................... 200,223 200,223 Plutonium infrastructure sustainment ............................................................................................................................................... 149,201 149,201 

Total, Stockpile services ................................................................................................................................................................... 831,055 30,000 861,055 

Total, Directed stockpile work ............................................................................................................................................................... 1,514,651 45,000 1,559,651 Campaigns: 

Science campaign 

Advanced certification .......................................................................................................................................................................... 19,400 5,000 24,400 Primary assessment technologies ......................................................................................................................................................... 80,181 80,181 Dynamic materials properties ............................................................................................................................................................. 86,617 86,617 
1050 

† HR 2647 EAS 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 Request Senate Change Senate Authorized 

Academic alliances ............................................................................................................................................................................... 30,251 30,251 Advanced radiography ......................................................................................................................................................................... 22,328 22,328 Secondary assessment technologies ...................................................................................................................................................... 77,913 77,913 

Total, Science campaign ................................................................................................................................................................... 316,690 5,000 321,690 

Engineering campaign 

Enhanced surety ................................................................................................................................................................................... 42,000 5,000 47,000 Weapon systems engineering assessment technology .......................................................................................................................... 18,000 18,000 Nuclear survivability ........................................................................................................................................................................... 21,000 21,000 Enhanced surveillance .......................................................................................................................................................................... 69,000 10,000 79,000 

Total, Engineering campaign ........................................................................................................................................................ 150,000 15,000 165,000 Inertial confinement fusion ignition and high yeild campaign 

Ignition ................................................................................................................................................................................................. 106,734 106,734 NIF diagnostics, cryogenics and experimental support .................................................................................................................... 72,252 72,252 Pulsed power inertial confinement fusion .......................................................................................................................................... 5,000 5,000 Joint program in high energy density laboratory plasmas .............................................................................................................. 4,000 4,000 Facility operations and target production ......................................................................................................................................... 248,929 6,500 255,429 

Omega operations ....................................................................................................................................................................... [6,500 ] 

Total, Inertial confinement fusion and high yield campaign ....................................................................................... 436,915 6,500 443,415 Advanced simulation and computing campaign 

Operation and maintenance ................................................................................................................................................................ 556,125 9,000 565,125 

Readiness Campaign 

Stockpile readiness ............................................................................................................................................................................... 5,746 5,746 High explosives and weapon operations ............................................................................................................................................. 4,608 4,608 Nonnuclear readiness ........................................................................................................................................................................... 12,701 12,701 Tritium readiness ................................................................................................................................................................................. 68,246 –20,000 48,246 Advanced design and production technologies ................................................................................................................................... 8,699 8,699 

Total, Readiness campaign ............................................................................................................................................................. 100,000 –20,000 80,000 
1051 

† HR 2647 EAS 

Total, Campaigns ......................................................................................................................................................................................... 1,559,730 15,500 1,575,230 

Readiness in technical base and facilities (RTBF) 

Operation of facilities 

Operation of facilities .......................................................................................................................................................................... 1,342,303 1,342,303 

Total, Operation of facilities .......................................................................................................................................................... 1,342,303 1,342,303 Program readiness ........................................................................................................................................................................................ 73,021 73,021 Material recycle and recovery ...................................................................................................................................................................... 69,542 69,542 Containers ..................................................................................................................................................................................................... 23,392 23,392 Storage ........................................................................................................................................................................................................... 24,708 24,708 

Subtotal, Readiness in technical base and facilities (RTBF) ................................................................................................ 1,532,966 1,532,966 

Construction: 

10–D–501, Nuclear facilities risk reduction Y–12 National Security Complex, Oakridge, TN .................................................... 12,500 12,500 99–D–141, Pit disassembly and conversion facility, Savannah River Site, Aiken, SC ................................................................ 30,321 30,321 09–D–007, LANSCE-Refurbishment, Los Alamos National Laboratory, NM ................................................................................ 30,000 30,000 08–D–801, High pressure fire loop (HPFL), Pantex, TX ................................................................................................................ 31,910 31,910 06–D–140, Project engineering design (PED), various locations .................................................................................................... 70,678 70,678 06–D–402, NTS replace fire stations 1 & 2 Nevada Test Site, NV ................................................................................................. 1,473 1,473 04–D–125, Chemistry and metallurgy facility replacement, Los Alamos National Laboratory, Los Alamos, NM ..................... 55,000 –20,000 35,000 04–D–128, TA–18 Criticality experiments facility (CEF), Los Alamos National Laboratory, Nevada Test Site, NV .............. 1,500 1,500 

Total, Construction .............................................................................................................................................................................. 203,382 10,000 213,382 

Total, Readiness in technical base and facilities ........................................................................................................................ 1,736,348 10,000 1,746,348 Secure transportation asset 

Operation and equipment ............................................................................................................................................................................ 138,772 138,772 Program direction ........................................................................................................................................................................................ 96,143 96,143 

Total, Secure transportation asset ...................................................................................................................................................... 234,915 234,915 Nuclear counterterrorism incident response .................................................................................................................................. 221,936 5,688 227,624 

National technical forensics ......................................................................................................................................................................... [5,688 ] 

Facilities and infrastructure recapitalization program 

Operation and maintenance ........................................................................................................................................................................ 144,959 144,959 Construction: 
1052 

† HR 2647 EAS 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 Request Senate Change Senate Authorized 

07–D–253, TA 1 heating systems modernization (HSM) Sandia National Laboratory, NM ....................................................... 9,963 9,963 

Total, Construction .............................................................................................................................................................................. 9,963 9,963 

Total, Facilities and infrastructure recapitalization program ........................................................................................... 154,922 154,922 Site stewardship 

Environmental projects and operations ...................................................................................................................................................... 41,288 41,288 Nuclear materials integration ..................................................................................................................................................................... 20,000 20,000 Stewardship planning .................................................................................................................................................................................. 29,086 29,086 

Total, Site stewardship .............................................................................................................................................................................. 90,374 90,374 

Safeguards and security 

Defense nuclear security 

Operation and maintenance ................................................................................................................................................................ 700,044 700,044 Construction: 

10–D–701, Security improvements project Y–12 National Security Complex, Oak Ridge, TN ........................................... 49,000 49,000 

Total, Construction ..................................................................................................................................................................... 49,000 49,000 

Total, Defense nuclear security ..................................................................................................................................................... 749,044 749,044 Cyber security ............................................................................................................................................................................................... 122,511 122,511 

Total, Safeguards and security ............................................................................................................................................................. 871,555 871,555 

Support to intelligence ............................................................................................................................................................................... 30,000 30,000 

Total, Weapons Activities .................................................................................................................................................................................. 6,384,431 106,188 6,490,619 

Defense Nuclear Nonproliferation 

Nonproliferation and verification research and development 

Operation and maintenance ....................................................................................................................................................................... 297,300 50,000 347,300 
1053 

† HR 2647 EAS 

Nonproliferation and international security ................................................................................................................................. 207,202 –14,000 193,202 

Nuclear noncompliance verification .......................................................................................................................................................... [–12,000 ] Global initiatives for proliferation prevention ........................................................................................................................................... [–2,000 ] 

International nuclear materials protection and cooperation ............................................................................................... 552,300 552,300 Elimination of weapons-grade plutonium production program .......................................................................................... 24,507 24,507 Fissile materials disposition 

U.S. surplus fissile materials disposition 

Operation and maintenance 

U.S. plutonium disposition ......................................................................................................................................................... 90,896 90,896 U.S. uranium disposition ............................................................................................................................................................ 34,691 –2,000 32,691 Supporting activities ................................................................................................................................................................... 1,075 1,075 

Total, Operation and maintenance .................................................................................................................................... 126,662 –2,000 124,662 Construction: 

99–D–143, Mixed oxide fuel fabrication facility, Savannah River Site, SC .......................................................................... 504,238 504,238 99–D–141–02, Waste solidification building, Savannah River Site, SC ................................................................................ 70,000 70,000 

Total, Construction ..................................................................................................................................................................... 574,238 574,238 

Total, U.S. surplus fissile materials disposition .................................................................................................................. 700,900 –2,000 698,900 Russian surplus materials disposition ........................................................................................................................................................ 1,000 6,000 7,000 

Total, Fissile materials disposition ..................................................................................................................................................... 701,900 4,000 705,900 Global threat reduction initiative ....................................................................................................................................................... 353,500 –40,000 313,500 

Gap nuclear material .................................................................................................................................................................................. [–40,000 ] 

Subtotal, Defense Nuclear Nonproliferation .......................................................................................................................................... 2,136,709 2,136,709 Total, Defense Nuclear Nonproliferation ................................................................................................................................................. 2,136,709 2,136,709 Naval Reactors 

Naval reactors development 

Operation and maintenance 

Operation and maintenance ................................................................................................................................................................ 935,533 935,533 

Total, Operation and maintenance ............................................................................................................................................. 935,533 935,533 

Construction: 

10–D–903, KAPL Security upgrades, Schnectady, NY .................................................................................................................... 1,500 1,500 
1054 

† HR 2647 EAS 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 Request Senate Change Senate Authorized 

10–D–904, NRF infrastructure upgrades, ID .................................................................................................................................... 700 700 09–D–190, PED, Infrastructure upgrades, KAPL, Schnectady, NY ............................................................................................... 1,000 1,000 09–D–902, NRF Production Support Complex, ID .......................................................................................................................... 6,400 6,400 08–D–190, NRF Project engineering and design Expended Core Facility M–290 receiving/discharge station, ID .................... 9,500 9,500 07–D–190, Materials research and technology complex, BAPL, Pittsburgh, PA ............................................................................ 11,700 11,700 

Total, Construction .............................................................................................................................................................................. 30,800 30,800 

Total, Naval reactors development ...................................................................................................................................................... 966,333 966,333 Program direction ................................................................................................................................................................................................. 36,800 36,800 

Total, Naval Reactors ......................................................................................................................................................................................... 1,003,133 1,003,133 

Office Of The Administrator 

Office of the administrator ................................................................................................................................................................................... 431,074 431,074 Use of prior year balances .................................................................................................................................................................................... –10,320 –10,320 

Total, Office Of The Administrator ............................................................................................................................................................. 420,754 420,754 Defense Environmental Cleanup 

Closure sites: 

Closure sites administration ........................................................................................................................................................................ 8,225 8,225 Miamisburg ................................................................................................................................................................................................... 33,243 33,243 

Total, Closure sites ....................................................................................................................................................................................... 41,468 41,468 Hanford site: 

2012 accelerated completions 

Nuclear facility D&D river corridor closure project ......................................................................................................................... 327,955 327,955 Nuclear material stabilization and disposition PFP ........................................................................................................................ 118,087 118,087 SNF stabilization and disposition ...................................................................................................................................................... 55,325 55,325 

Total, 2012 accelerated completions ........................................................................................................................................... 501,367 501,367 2035 accelerated completions 

Nuclear facility D&D—remainder of Hanford ................................................................................................................................. 70,250 70,250 Richland community and regulatory support ................................................................................................................................... 21,940 21,940 
1055 

† HR 2647 EAS 

Soil and water remediation—groundwater vadose zone ................................................................................................................... 176,766 176,766 Solid waste stabilization and disposition 200 area .......................................................................................................................... 132,757 132,757 

Total, 2035 accelerated completions ........................................................................................................................................... 401,713 401,713 

Total, Hanford site ....................................................................................................................................................................................... 903,080 903,080 Idaho National Laboratory: 

SNF stabilization and disposition—2012 .................................................................................................................................................. 14,768 14,768 Solid waste stabilization and disposition ................................................................................................................................................... 137,000 137,000 Radioactive liquid tank waste stabilization and disposition .................................................................................................................... 95,800 95,800 Construction: 

06–D–401, Sodium bearing waste treatment project, Idaho ............................................................................................................ 83,700 83,700 

Soil and water remediation—2012 ............................................................................................................................................................. 71,000 71,000 Idaho community and regulatory support ................................................................................................................................................. 3,900 3,900 

Total, Idaho National Laboratory ....................................................................................................................................................... 406,168 406,168 

NNSA sites 

Lawrence Livermore National Laboratory ................................................................................................................................................. 910 910 NNSA Service Center/SPRU ....................................................................................................................................................................... 17,938 17,938 Nevada ........................................................................................................................................................................................................... 65,674 65,674 California site support ................................................................................................................................................................................. 238 238 Sandia National Laboratories ..................................................................................................................................................................... 2,864 2,864 Los Alamos National Laboratory ................................................................................................................................................................ 189,000 189,000 

Total, NNSA sites and Nevada off-sites ............................................................................................................................................. 276,624 276,624 Oak Ridge Reservation: 

Building 3019 ............................................................................................................................................................................................... 38,900 38,900 Nuclear facility D & D ORNL .................................................................................................................................................................... 38,900 38,900 Nuclear facility D & D Y–12 ...................................................................................................................................................................... 34,000 34,000 Nuclear facility D & D E. Tennessee technology park .............................................................................................................................. 100 100 OR reservation community and regulatory support ................................................................................................................................. 6,253 6,253 Solid waste stabilization and disposition—2012 ....................................................................................................................................... 35,615 35,615 

Total, Oak Ridge Reservation ................................................................................................................................................................ 153,768 153,768 Office of River Protection: 

Waste treatment and immobilization plant 

Construction: 
1056 

† HR 2647 EAS 

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 Request Senate Change Senate Authorized 

01–D–416 Waste treatment and immobilization plant ............................................................................................................

01–D–16A Low activity waste facility .............................................................................................................................. 100,000 100,000 01–D–16B Analytical laboratory ....................................................................................................................................... 55,000 55,000 01–D–16C Balance of facilities .......................................................................................................................................... 50,000 50,000 01–D–16D High level waste facility .................................................................................................................................. 160,000 160,000 01–D–16E Pretreatment facility ........................................................................................................................................ 325,000 325,000 

Total, Waste treatment and immobilization plant .............................................................................................................. 690,000 690,000 Tank farm activities 

Rad liquid tank waste stabilization and disposition ........................................................................................................................ 408,000 408,000 

Total, Office of River protection ........................................................................................................................................................... 1,098,000 1,098,000 

Savannah River Site: 

Nuclear material stabilization and disposition 

Nuclear material stabilization and disposition ................................................................................................................................. 385,310 385,310 Construction: 

08–D–414 Project engineering and design Plutonium Vitrification Facility, VL ................................................................. 6,315 6,315 

Total, Nuclear material stabilization and disposition ..................................................................................................... 391,625 391,625 2035 accelerated completions 

SR community and regulatory support ............................................................................................................................................. 18,300 18,300 Spent nuclear fuel stabilization and disposition ............................................................................................................................... 38,768 38,768 

Total, 2035 accelerated completions ........................................................................................................................................... 57,068 57,068 

Tank farm activities 

Radioactive liquid tank waste stabilization and disposition ........................................................................................................... 527,138 527,138 Construction: 

05–D–405, Salt waste processing facility, Savannah River Site, SC ..................................................................................... 234,118 234,118 

Total, Tank farm activities ............................................................................................................................................................. 761,256 761,256 

Total, Savannah River Site ..................................................................................................................................................................... 1,209,949 1,209,949 
1057 

† HR 2647 EAS 

Waste Isolation Pilot Plant 

Waste isolation pilot plant .......................................................................................................................................................................... 144,902 144,902 Central characterization project .................................................................................................................................................................. 13,730 13,730 Transportation .............................................................................................................................................................................................. 33,851 33,851 Community and regulatory support ........................................................................................................................................................... 27,854 27,854 

Total, Waste Isolation Pilot Plant ........................................................................................................................................................ 220,337 220,337 

Program direction ................................................................................................................................................................................................. 355,000 355,000 Program support ................................................................................................................................................................................................... 34,000 34,000 Safeguards and Security: 

Waste Isolation Pilot Project ....................................................................................................................................................................... 4,644 4,644 Oak Ridge Reservation ................................................................................................................................................................................. 32,400 32,400 West Valley .................................................................................................................................................................................................... 1,859 1,859 Paducah ......................................................................................................................................................................................................... 8,190 8,190 Portsmouth .................................................................................................................................................................................................... 17,509 17,509 Richland/Hanford Site ................................................................................................................................................................................. 82,771 82,771 Savannah River Site .................................................................................................................................................................................... 132,064 132,064 

Total, Safeguards and Security ............................................................................................................................................................ 279,437 279,437 Technology development ........................................................................................................................................................................................ 55,000 55,000 Uranium enrichment D&D fund contribution ................................................................................................................................................... 463,000 463,000 General reduction .................................................................................................................................................................................................. –100,000 –100,000 

Subtotal, Defense environmental cleanup ............................................................................................................................................... 5,495,831 –100,000 5,395,831 Total, Defense Environmental Cleanup ..................................................................................................................................................... 5,495,831 –100,000 5,395,831 

Other Defense Activities 

Health, safety and security 

Health, safety and security .......................................................................................................................................................................... 337,757 337,757 Program direction ........................................................................................................................................................................................ 112,125 112,125 

Total, Health, safety and security ........................................................................................................................................................ 449,882 449,882 

Office of Legacy Management 

Legacy management ..................................................................................................................................................................................... 177,618 177,618 Program direction ........................................................................................................................................................................................ 12,184 12,184 
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DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 

(In Thousands of Dollars) 

Program FY 2010 Request Senate Change Senate Authorized 

Total, Office of Legacy Management .................................................................................................................................................. 189,802 189,802 

Nuclear energy 

Infrastructure 

Idaho facilities management 

INL infrastructure operation and maintenance ........................................................................................................................ 83,358 83,358 

Total, Infrastructure .......................................................................................................................................................................... 83,358 83,358 

Total, Nuclear energy ................................................................................................................................................................................. 83,358 83,358 Defense related administrative support .............................................................................................................................................................. 122,982 122,982 Office of hearings and appeals ............................................................................................................................................................................. 6,444 6,444 

Total, Other Defense Activities ....................................................................................................................................................................... 852,468 852,468 

Defense Nuclear Waste Disposal 

Defense nuclear waste disposal ............................................................................................................................................................................ 98,400 98,400 

Total, Department of Energy ........................................................................................................................................................................... 16,397,914 16,397,914 
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1 DIVISION E—MATTHEW 

2 SHEPARD HATE CRIMES PRE3 VENTION ACT 

4 SEC. 4701. SHORT TITLE. 

5 This division may be cited as the ‘‘Matthew Shepard 

6 Hate Crimes Prevention Act’’. 

7 SEC. 4702. FINDINGS. 

8 Congress makes the following findings: 

9 (1) The incidence of violence motivated by the 

10 actual or perceived race, color, religion, national ori11 gin, gender, sexual orientation, gender identity, or 

12 disability of the victim poses a serious national prob13 lem. 

14 (2) Such violence disrupts the tranquility and 

15 safety of communities and is deeply divisive. 

16 (3) State and local authorities are now and will 

17 continue to be responsible for prosecuting the over18 whelming majority of violent crimes in the United 

19 States, including violent crimes motivated by bias. 

20 These authorities can carry out their responsibilities 

21 more effectively with greater Federal assistance. 

22 (4) Existing Federal law is inadequate to ad23 dress this problem. 

24 (5) A prominent characteristic of a violent crime 

25 motivated by bias is that it devastates not just the ac-
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1 tual victim and the family and friends of the victim, 

2 but frequently savages the community sharing the 

3 traits that caused the victim to be selected. 

4 (6) Such violence substantially affects interstate 

5 commerce in many ways, including the following: 

6 (A) The movement of members of targeted 

7 groups is impeded, and members of such groups 

8 are forced to move across State lines to escape 

9 the incidence or risk of such violence. 

10 (B) Members of targeted groups are pre11 vented from purchasing goods and services, ob12 taining or sustaining employment, or partici13 pating in other commercial activity. 

14 (C) Perpetrators cross State lines to commit 

15 such violence. 

16 (D) Channels, facilities, and instrumental17 ities of interstate commerce are used to facilitate 

18 the commission of such violence. 

19 (E) Such violence is committed using arti20 cles that have traveled in interstate commerce. 

21 (7) For generations, the institutions of slavery 

22 and involuntary servitude were defined by the race, 

23 color, and ancestry of those held in bondage. Slavery 

24 and involuntary servitude were enforced, both prior to 

25 and after the adoption of the 13th amendment to the 
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1 Constitution of the United States, through widespread 

2 public and private violence directed at persons be3 cause of their race, color, or ancestry, or perceived 

4 race, color, or ancestry. Accordingly, eliminating ra5 cially motivated violence is an important means of 

6 eliminating, to the extent possible, the badges, inci7 dents, and relics of slavery and involuntary servitude. 

8 (8) Both at the time when the 13th, 14th, and 

9 15th amendments to the Constitution of the United 

10 States were adopted, and continuing to date, members 

11 of certain religious and national origin groups were 

12 and are perceived to be distinct ‘‘races’’. Thus, in 

13 order to eliminate, to the extent possible, the badges, 

14 incidents, and relics of slavery, it is necessary to pro15 hibit assaults on the basis of real or perceived reli16 gions or national origins, at least to the extent such 

17 religions or national origins were regarded as races 

18 at the time of the adoption of the 13th, 14th, and 15th 

19 amendments to the Constitution of the United States. 

20 (9) Federal jurisdiction over certain violent 

21 crimes motivated by bias enables Federal, State, and 

22 local authorities to work together as partners in the 

23 investigation and prosecution of such crimes. 

24 (10) The problem of crimes motivated by bias is 

25 sufficiently serious, widespread, and interstate in na-
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1 ture as to warrant Federal assistance to States, local 

2 jurisdictions, and Indian tribes. 

3 SEC. 4703. DEFINITION OF HATE CRIME. 

4 In this division— 

5 (1) the term ‘‘crime of violence’’ has the meaning 

6 given that term in section 16, title 18, United States 

7 Code; 

8 (2) the term ‘‘hate crime’’ has the meaning given 

9 such term in section 280003(a) of the Violent Crime 

10 Control and Law Enforcement Act of 1994 (28 U.S.C. 

11 994 note); and 

12 (3) the term ‘‘local’’ means a county, city, town, 

13 township, parish, village, or other general purpose po14 litical subdivision of a State. 

15 SEC. 4704. SUPPORT FOR CRIMINAL INVESTIGATIONS AND 

16 PROSECUTIONS BY STATE, LOCAL, AND TRIB17 AL LAW ENFORCEMENT OFFICIALS. 

18 (a) ASSISTANCE OTHER THAN FINANCIAL ASSIST19 ANCE.— 

20 (1) IN GENERAL.—At the request of State, local, 

21 or tribal law enforcement agency, the Attorney Gen22 eral may provide technical, forensic, prosecutorial, or 

23 any other form of assistance in the criminal inves24 tigation or prosecution of any crime that— 

25 (A) constitutes a crime of violence; 
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1 (B) constitutes a felony under the State, 

2 local, or tribal laws; and 

3 (C) is motivated by prejudice based on the 

4 actual or perceived race, color, religion, national 

5 origin, gender, sexual orientation, gender iden6 tity, or disability of the victim, or is a violation 

7 of the State, local, or tribal hate crime laws. 

8 (2) PRIORITY.—In providing assistance under 

9 paragraph (1), the Attorney General shall give pri10 ority to crimes committed by offenders who have com11 mitted crimes in more than one State and to rural 

12 jurisdictions that have difficulty covering the extraor13 dinary expenses relating to the investigation or pros14 ecution of the crime. 

15 (b) GRANTS.— 

16 (1) IN GENERAL.—The Attorney General may 

17 award grants to State, local, and tribal law enforce18 ment agencies for extraordinary expenses associated 

19 with the investigation and prosecution of hate crimes. 

20 (2) OFFICE OF JUSTICE PROGRAMS.—In imple21 menting the grant program under this subsection, the 

22 Office of Justice Programs shall work closely with 

23 grantees to ensure that the concerns and needs of all 

24 affected parties, including community groups and 

25 schools, colleges, and universities, are addressed 
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1 through the local infrastructure developed under the 

2 grants. 

3 (3) APPLICATION.— 

4 (A) IN GENERAL.—Each State, local, and 

5 tribal law enforcement agency that desires a 

6 grant under this subsection shall submit an ap7 plication to the Attorney General at such time, 

8 in such manner, and accompanied by or con9 taining such information as the Attorney Gen10 eral shall reasonably require. 

11 (B) DATE FOR SUBMISSION.—Applications 

12 submitted pursuant to subparagraph (A) shall be 

13 submitted during the 60-day period beginning on 

14 a date that the Attorney General shall prescribe. 

15 (C) REQUIREMENTS.—A State, local, and 

16 tribal law enforcement agency applying for a 

17 grant under this subsection shall— 

18 (i) describe the extraordinary purposes 

19 for which the grant is needed; 

20 (ii) certify that the State, local govern21 ment, or Indian tribe lacks the resources 

22 necessary to investigate or prosecute the 

23 hate crime; 

24 (iii) demonstrate that, in developing a 

25 plan to implement the grant, the State, 
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1 local, and tribal law enforcement agency 

2 has consulted and coordinated with non3 profit, nongovernmental victim services pro4 grams that have experience in providing 

5 services to victims of hate crimes; and 

6 (iv) certify that any Federal funds re7 ceived under this subsection will be used to 

8 supplement, not supplant, non-Federal 

9 funds that would otherwise be available for 

10 activities funded under this subsection. 

11 (4) DEADLINE.—An application for a grant 

12 under this subsection shall be approved or denied by 

13 the Attorney General not later than 180 business days 

14 after the date on which the Attorney General receives 

15 the application. 

16 (5) GRANT AMOUNT.—A grant under this sub17 section shall not exceed $100,000 for any single juris18 diction in any 1-year period. 

19 (6) REPORT.—Not later than December 31, 2010, 

20 the Attorney General shall submit to Congress a re21 port describing the applications submitted for grants 

22 under this subsection, the award of such grants, and 

23 the purposes for which the grant amounts were ex24 pended. 
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1 (7) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $5,000,000 for each of fiscal years 

4 2010 and 2011. 

5 SEC. 4705. GRANT PROGRAM. 

6 (a) AUTHORITY TO AWARD GRANTS.—The Office of 

7 Justice Programs of the Department of Justice may award 

8 grants, in accordance with such regulations as the Attorney 

9 General may prescribe, to State, local, or tribal programs 

10 designed to combat hate crimes committed by juveniles, in11 cluding programs to train local law enforcement officers in 

12 identifying, investigating, prosecuting, and preventing hate 

13 crimes. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated such sums as may be nec16 essary to carry out this section. 

17 SEC. 4706. AUTHORIZATION FOR ADDITIONAL PERSONNEL 

18 TO ASSIST STATE, LOCAL, AND TRIBAL LAW 

19 ENFORCEMENT. 

20 There are authorized to be appropriated to the Depart21 ment of Justice, including the Community Relations Serv22 ice, for fiscal years 2010, 2011, and 2012 such sums as are 

23 necessary to increase the number of personnel to prevent 

24 and respond to alleged violations of section 249 of title 18, 
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1 United States Code, as added by section 4707 of this divi2 sion. 

3 SEC. 4707. PROHIBITION OF CERTAIN HATE CRIME ACTS. 

4 (a) IN GENERAL.—Chapter 13 of title 18, United 

5 States Code, is amended by adding at the end the following: 

6 ‘‘§ 249. Hate crime acts 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) OFFENSES INVOLVING ACTUAL OR PER9 CEIVED RACE, COLOR, RELIGION, OR NATIONAL ORI10 GIN.—Whoever, whether or not acting under color of 

11 law, willfully causes bodily injury to any person or, 

12 through the use of fire, a firearm, a dangerous weap13 on, or an explosive or incendiary device, attempts to 

14 cause bodily injury to any person, because of the ac15 tual or perceived race, color, religion, or national ori16 gin of any person— 

17 ‘‘(A) shall be imprisoned not more than 10 

18 years, fined in accordance with this title, or 

19 both; and 

20 ‘‘(B) shall be imprisoned for any term of 

21 years or for life, fined in accordance with this 

22 title, or both, if— 

23 ‘‘(i) death results from the offense; or 

24 ‘‘(ii) the offense includes kidnapping or 

25 an attempt to kidnap, aggravated sexual 
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1 abuse or an attempt to commit aggravated 

2 sexual abuse, or an attempt to kill. 

3 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER4 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX5 UAL ORIENTATION, GENDER IDENTITY, OR DIS6 ABILITY.— 

7 ‘‘(A) IN GENERAL.—Whoever, whether or 

8 not acting under color of law, in any cir9 cumstance described in subparagraph (B) or 

10 paragraph (3), willfully causes bodily injury to 

11 any person or, through the use of fire, a firearm, 

12 a dangerous weapon, or an explosive or incen13 diary device, attempts to cause bodily injury to 

14 any person, because of the actual or perceived re15 ligion, national origin, gender, sexual orienta16 tion, gender identity or disability of any per17 son— 

18 ‘‘(i) shall be imprisoned not more than 

19 10 years, fined in accordance with this title, 

20 or both; and 

21 ‘‘(ii) shall be imprisoned for any term 

22 of years or for life, fined in accordance with 

23 this title, or both, if— 
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1 title, or both, and shall be subject to the penalty 

2 of death in accordance with chapter 228 (if 

3 death results from the offense), if— 

4 ‘‘(i) death results from the offense; or 

5 ‘‘(ii) the offense includes kidnapping or 

6 an attempt to kidnap, aggravated sexual 

7 abuse or an attempt to commit aggravated 

8 sexual abuse, or an attempt to kill. 

9 ‘‘(2) OFFENSES INVOLVING ACTUAL OR PER10 CEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEX11 UAL ORIENTATION, GENDER IDENTITY, OR DIS12 ABILITY.— 

13 ‘‘(A) IN GENERAL.—Whoever, whether or 

14 not acting under color of law, in any cir15 cumstance described in subparagraph (B) or 

16 paragraph (3), willfully causes bodily injury to 

17 any person or, through the use of fire, a firearm, 

18 a dangerous weapon, or an explosive or incen19 diary device, attempts to cause bodily injury to 

20 any person, because of the actual or perceived re21 ligion, national origin, gender, sexual orienta22 tion, gender identity or disability of any per23 son— 
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1 ‘‘(i) shall be imprisoned not more than 

2 10 years, fined in accordance with this title, 

3 or both; and 

4 ‘‘(ii) shall be imprisoned for any term 

5 of years or for life, fined in accordance with 

6 this title, or both, and shall be subject to the 

7 penalty of death in accordance with chapter 

8 228 (if death results from the offense), if— 

9 ‘‘(I) death results from the offense; 

10 or 

11 ‘‘(II) the offense includes kidnap12 ping or an attempt to kidnap, aggra13 vated sexual abuse or an attempt to 

14 commit aggravated sexual abuse, or an 

15 attempt to kill. 

16 ‘‘(B) CIRCUMSTANCES DESCRIBED.—For 

17 purposes of subparagraph (A), the circumstances 

18 described in this subparagraph are that— 

19 ‘‘(i) the conduct described in subpara20 graph (A) occurs during the course of, or as 

21 the result of, the travel of the defendant or 

22 the victim— 

23 ‘‘(I) across a State line or na24 tional border; or 
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1 ‘‘(II) using a channel, facility, or 

2 instrumentality of interstate or foreign 

3 commerce; 

4 ‘‘(ii) the defendant uses a channel, fa5 cility, or instrumentality of interstate or 

6 foreign commerce in connection with the 

7 conduct described in subparagraph (A); 

8 ‘‘(iii) in connection with the conduct 

9 described in subparagraph (A), the defend10 ant employs a firearm, dangerous weapon, 

11 explosive or incendiary device, or other 

12 weapon that has traveled in interstate or 

13 foreign commerce; or 

14 ‘‘(iv) the conduct described in subpara15 graph (A)— 

16 ‘‘(I) interferes with commercial or 

17 other economic activity in which the 

18 victim is engaged at the time of the 

19 conduct; or 

20 ‘‘(II) otherwise affects interstate 

21 or foreign commerce. 

22 ‘‘(3) OFFENSES OCCURRING IN THE SPECIAL

23 MARITIME OR TERRITORIAL JURISDICTION OF THE

24 UNITED STATES.—Whoever, within the special mari25 time or territorial jurisdiction of the United States, 
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1 commits an offense described in paragraph (1) or (2) 

2 shall be subject to the same penalties as prescribed in 

3 those paragraphs. 

4 ‘‘(b) CERTIFICATION REQUIREMENT.— 

5 ‘‘(1) IN GENERAL.—No prosecution of any of6 fense described in this subsection may be undertaken 

7 by the United States, except under the certification in 

8 writing of the Attorney General, or his designee, 

9 that— 

10 ‘‘(A) the State does not have jurisdiction; 

11 ‘‘(B) the State has requested that the Fed12 eral Government assume jurisdiction; 

13 ‘‘(C) the verdict or sentence obtained pursu14 ant to State charges left demonstratively 

15 unvindicated the Federal interest in eradicating 

16 bias-motivated violence; or 

17 ‘‘(D) a prosecution by the United States is 

18 in the public interest and necessary to secure 

19 substantial justice. 

20 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

21 subsection shall be construed to limit the authority of 

22 Federal officers, or a Federal grand jury, to inves23 tigate possible violations of this section. 

24 ‘‘(c) DEFINITIONS.—In this section— 
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1 ‘‘(1) the term ‘‘bodily injury’’ has the meaning 

2 given such term in section 1365(h)(4) of this title, but 

3 does not include solely emotional or psychological 

4 harm to the victim; 

5 ‘‘(2) the term ‘explosive or incendiary device’ has 

6 the meaning given such term in section 232 of this 

7 title; 

8 ‘‘(3) the term ‘firearm’ has the meaning given 

9 such term in section 921(a) of this title; and 

10 ‘‘(4) the term ‘gender identity’ for the purposes 

11 of this chapter means actual or perceived gender-re12 lated characteristics.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

14 analysis for chapter 13 of title 18, United States Code, is 

15 amended by adding at the end the following: 

‘‘249. Hate crime acts.’’. 

16 SEC. 4708. STATISTICS. 

17 (a) IN GENERAL.—Subsection (b)(1) of the first section 

18 of the Hate Crime Statistics Act (28 U.S.C. 534 note) is 

19 amended by inserting ‘‘gender and gender identity,’’ after 

20 ‘‘race,’’. 

21 (b) DATA.—Subsection (b)(5) of the first section of the 

22 Hate Crime Statistics Act (28 U.S.C. 534 note) is amended 

23 by inserting ‘‘, including data about crimes committed by, 

24 and crimes directed against, juveniles’’ after ‘‘data acquired 

25 under this section’’. 
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1 SEC. 4709. SEVERABILITY. 

2 If any provision of this division, an amendment made 

3 by this division, or the application of such provision or 

4 amendment to any person or circumstance is held to be un5 constitutional, the remainder of this division, the amend6 ments made by this division, and the application of the pro7 visions of such to any person or circumstance shall not be 

8 affected thereby. 

9 SEC. 4710. RULE OF CONSTRUCTION. 

10 For purposes of construing this division and the 

11 amendments made by this division the following shall 

12 apply: 

13 (1) RELEVANT EVIDENCE.—Courts may consider 

14 relevant evidence of speech, beliefs, or expressive con15 duct to the extent that such evidence is offered to 

16 prove an element of a charged offense or is otherwise 

17 admissible under the Federal Rules of Evidence. Noth18 ing in this division is intended to affect the existing 

19 rules of evidence. 

20 (2) VIOLENT ACTS.—This division applies to vio21 lent acts motivated by actual or perceived race, color, 

22 religion, national origin, gender, sexual orientation, 

23 gender identity or disability of a victim. 

24 SEC. 4711. CONSTRUCTION AND APPLICATION. 

25 Nothing in this division, or an amendment made by 

26 this division, shall be construed or applied in a manner 
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1 that infringes on any rights under the first amendment to 

2 the Constitution of the United States, or substantially bur3 dens any exercise of religion (regardless of whether com4 pelled by, or central to, a system of religious belief), speech, 

5 expression, association, if such exercise of religion, speech, 

6 expression, or association was not intended to— 

7 (1) plan or prepare for an act of physical vio8 lence; or 

9 (2) incite an imminent act of physical violence 

10 against another. 

11 (3) FREE EXPRESSION.—Nothing in this divi12 sion shall be construed to allow prosecution based 

13 solely upon an individual’s expression of racial, reli14 gious, political, or other beliefs or solely upon an in15 dividual’s membership in a group advocating or es16 pousing such beliefs. 

17 (4) FIRST AMENDMENT.—Nothing in this divi18 sion, or an amendment made by this division, shall 

19 be construed to diminish any rights under the first 

20 amendment to the Constitution of the United States. 

21 (5) CONSTITUTIONAL PROTECTIONS.—Nothing in 

22 this division shall be construed to prohibit any con23 stitutionally protected speech, expressive conduct or 

24 activities (regardless of whether compelled by, or cen25 tral to, a system of religious belief), including the ex-
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1 ercise of religion protected by the first amendment to 

2 the Constitution of the United States and peaceful 

3 picketing or demonstration. The Constitution does not 

4 protect speech, conduct or activities consisting of 

5 planning for, conspiring to commit, or committing an 

6 act of violence. 

7 SEC. 4712. LIMITATION ON PROSECUTIONS. 

8 (a) IN GENERAL.—All prosecutions under section 249 

9 of title 18, United States Code, as added by this Act, shall 

10 be undertaken pursuant to guideline, issued by the Attorney 

11 General— 

12 (1) to guide the exercise of the discretion of Fed13 eral prosecutors and the Attorney General in their de14 cisions whether to seek death sentences under such sec15 tion when the crime results in a loss of life; and 

16 (2) that identify with particularity the the type 

17 facts of such cases that will support the classification 

18 of individual cases in term of their culpability and 

19 death eligibility as low, medium, and high. 

20 (b) REQUIREMENTS FOR DEATH PENALTY.—If the 

21 Government seeks a death sentence in crime under section 

22 249 of title 18, United States Code, as added by this Act, 

23 that results in a loss of life— 

24 (1) the Attorney General shall certify with par25 ticularity in the information or indictment how the 
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1 facts of the case support the Government’s judgment 

2 that the case is properly classified among the cases 

3 involving a hate crime that resulted in a victim’s 

4 death; 

5 (2) the Attorney General shall document in a fil6 ing to the court— 

7 (A) the facts of the crime (including date of 

8 offense and arrest and location of the offense), 

9 charges, convictions, and sentences of all state 

10 and Federal hate crimes (committed before or 

11 after the effective date of this legislation) that re12 sulted in a loss of life and were known to the As13 sistant United States Attorney or the Attorney 

14 General; and 

15 (B) the actual or perceived race, color, na16 tional origin, ethnicity, religion, gender, sexual 

17 orientation, gender identity, or disability of the 

18 defendant and all victims; and 

19 (3)(A) the court, either at the close of the guilt 

20 trial or at the close of the penalty trial, shall conduct 

21 a proportionality review in which it shall examine 

22 whether the prosecutorial death seeking and death sen23 tencing rates in comparable cases in Federal prosecu24 tions are both greater than 50 percent; and 
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1 (B) if the United States fails to satisfy the test 

2 under subparagraph (A), by a preponderance of the 

3 evidence, the court shall dismiss the Government’s ac4 tion seeking a death sentence in the case. 

5 SEC. 4713. GUIDELINES FOR HATE-CRIMES OFFENSES. 

6 Section 249(a) of title 18, United States Code, as 

7 added by section lll of this Act, is amended by adding 

8 at the end the following: 

9 ‘‘(4) GUIDELINES.—All prosecutions conducted 

10 by the United States under this section shall be un11 dertaken pursuant to guidelines issued by the Attor12 ney General, or the designee of the Attorney General, 

13 to be included in the United States Attorneys’ Man14 ual that shall establish neutral and objective criteria 

15 for determining whether a crime was committed be16 cause of the actual or perceived status of any per17 son.’’. 

18 SEC. 4714. ATTACKS ON UNITED STATES SERVICEMEN. 

19 (a) IN GENERAL.—Chapter 67 of title 18, United 

20 States Code, is amended by adding at the end the following: 

21 ‘‘§ 1389. Prohibition on attacks on United States serv22 icemen on account of service 

23 ‘‘(a) IN GENERAL.—Whoever knowingly assaults or 

24 batters a United States serviceman or an immediate family 

25 member of a United States serviceman, or who knowingly 
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1 destroys or injures the property of such serviceman or im2 mediate family member, on account of the military service 

3 of that serviceman or status of that individual as a United 

4 States serviceman, or who attempts or conspires to do so, 

5 shall— 

6 ‘‘(1) in the case of a simple assault, or destruc7 tion or injury to property in which the damage or at8 tempted damage to such property is not more than 

9 $500, be fined under this title in an amount not less 

10 than $500 nor more than $10,000 and imprisoned not 

11 more than 2 years; 

12 ‘‘(2) in the case of destruction or injury to prop13 erty in which the damage or attempted damage to 

14 such property is more than $500, be fined under this 

15 title in an amount not less than $1000 nor more than 

16 $100,000 and imprisoned not more than 5 years; and 

17 ‘‘(3) in the case of a battery, or an assault re18 sulting in bodily injury, be fined under this title in 

19 an amount not less than $2500 and imprisoned not 

20 less than 6 months nor more than 10 years. 

21 ‘‘(b) EXCEPTION.—This section shall not apply to con22 duct by a person who is subject to the Uniform Code of 

23 Military Justice. 

24 ‘‘(c) DEFINITIONS.—In this section— 
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1 ‘‘(1) the term ‘Armed Forces’ has the meaning 

2 given that term in section 1388; 

3 ‘‘(2) the term ‘immediate family member’ has the 

4 meaning given that term in section 115; and 

5 ‘‘(3) the term ‘United States serviceman’— 

6 ‘‘(A) means a member of the Armed Forces; 

7 and 

8 ‘‘(B) includes a former member of the 

9 Armed Forces during the 5-year period begin10 ning on the date of the discharge from the Armed 

11 Forces of that member of the Armed Forces.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

13 table of sections for chapter 67 of title 18, United States 

14 Code, is amended by adding at the end the following: 

‘‘1389. Prohibition on attacks on United States servicemen on account of service.’’. 

15 DIVISION F—SBIR/STTR 

16 REAUTHORIZATION 

17 SEC. 5001. SHORT TITLE. 

18 This division may be cited as the ‘‘SBIR/STTR Reau19 thorization Act of 2009’’. 

20 SEC. 5002. DEFINITIONS. 

21 In this division— 

22 (1) the terms ‘‘Administration’’ and ‘‘Adminis23 trator’’ mean the Small Business Administration and 

24 the Administrator thereof, respectively; 
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1 (2) the terms ‘‘extramural budget’’, ‘‘Federal 

2 agency’’, ‘‘Small Business Innovation Research Pro3 gram’’, ‘‘SBIR’’, ‘‘Small Business Technology Trans4 fer Program’’, and ‘‘STTR’’ have the meanings given 

5 such terms in section 9 of the Small Business Act (15 

6 U.S.C. 638); and 

7 (3) the term ‘‘small business concern’’ has the 

8 same meaning as under section 3 of the Small Busi9 ness Act (15 U.S.C. 632). 

10 TITLE LI—REAUTHORIZATION 

11 OF THE SBIR AND STTR PRO12 GRAMS 

13 SEC. 5101. EXTENSION OF TERMINATION DATES. 

14 (a) SBIR.—Section 9(m) of the Small Business Act 

15 (15 U.S.C. 638(m)) is amended by striking ‘‘2008’’ and in16 serting ‘‘2017’’. 

17 (b) STTR.—Section 9(n)(1)(A) of the Small Business 

18 Act (15 U.S.C. 638(n)(1)(A)) is amended by striking 

19 ‘‘2009’’ and inserting ‘‘2017’’. 

20 SEC. 5102. STATUS OF THE OFFICE OF TECHNOLOGY. 

21 Section 9(b) of the Small Business Act (15 U.S.C. 

22 638(b)) is amended— 

23 (1) in paragraph (7), by striking ‘‘and’’ at the 

24 end; 
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1 (2) in paragraph (8), by striking the period at 

2 the end and inserting ‘‘; and’’; 

3 (3) by redesignating paragraph (8) as para4 graph (9); and 

5 (4) by adding at the end the following: 

6 ‘‘(10) to maintain an Office of Technology to 

7 carry out the responsibilities of the Administration 

8 under this section, which shall be— 

9 ‘‘(A) headed by the Assistant Administrator 

10 for Technology, who shall report directly to the 

11 Administrator; and 

12 ‘‘(B) independent from the Office of Govern13 ment Contracting of the Administration and suf14 ficiently staffed and funded to comply with the 

15 oversight, reporting, and public database respon16 sibilities assigned to the Office of Technology by 

17 the Administrator.’’. 

18 SEC. 5103. SBIR ALLOCATION INCREASE. 

19 Section 9(f) of the Small Business Act (15 U.S.C. 

20 638(f)) is amended— 

21 (1) in paragraph (1)— 

22 (A) in the matter preceding subparagraph 

23 (A), by striking ‘‘Each’’ and inserting ‘‘Except 

24 as provided in paragraph (2)(C), each’’; 
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1 (B) in subparagraph (B), by striking ‘‘and’’ 

2 at the end; and 

3 (C) by striking subparagraph (C) and in4 serting the following: 

5 ‘‘(C) not less than 2.5 percent of such budget 

6 in each of fiscal years 2009 and 2010; 

7 ‘‘(D) not less than 2.6 percent of such budg8 et in fiscal year 2011; 

9 ‘‘(E) not less than 2.7 percent of such budg10 et in fiscal year 2012; 

11 ‘‘(F) not less than 2.8 percent of such budg12 et in fiscal year 2013; 

13 ‘‘(G) not less than 2.9 percent of such budg14 et in fiscal year 2014; 

15 ‘‘(H) not less than 3.0 percent of such budg16 et in fiscal year 2015; 

17 ‘‘(I) not less than 3.1 percent of such budget 

18 in fiscal year 2016; 

19 ‘‘(J) not less than 3.2 percent of such budget 

20 in fiscal year 2017; 

21 ‘‘(K) not less than 3.3 percent of such budg22 et in fiscal year 2018; 

23 ‘‘(L) not less than 3.4 percent of such budg24 et in fiscal year 2019; and 
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1 ‘‘(M) not less than 3.5 percent of such budg2 et in fiscal year 2020 and each fiscal year there3 after,’’; and 

4 (2) in paragraph (2)— 

5 (A) by redesignating subparagraphs (A) 

6 and (B) as clauses (i) and (ii), respectively, and 

7 adjusting the margins accordingly; 

8 (B) by striking ‘‘A Federal agency’’ and in9 serting the following: 

10 ‘‘(A) IN GENERAL.—A Federal agency’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(B) DEPARTMENT OF DEFENSE AND DE13 PARTMENT OF ENERGY.—For the Department of 

14 Defense and the Department of Energy, to the 

15 greatest extent practicable, the percentage of the 

16 extramural budget in excess of 2.5 percent re17 quired to be expended with small business con18 cerns under subparagraphs (D) through (M) of 

19 paragraph (1)— 

20 ‘‘(i) may not be used for new Phase I 

21 or Phase II awards; and 

22 ‘‘(ii) shall be used for activities that 

23 further the readiness levels of technologies 

24 developed under Phase II awards, including 

25 conducting testing and evaluation to pro-
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1 mote the transition of such technologies into 

2 commercial or defense products, or systems 

3 furthering the mission needs of the Depart4 ment of Defense or the Department of En5 ergy, as the case may be.’’. 

6 SEC. 5104. STTR ALLOCATION INCREASE. 

7 Section 9(n)(1)(B) of the Small Business Act (15 

8 U.S.C. 638(n)(1)(B)) is amended— 

9 (1) in clause (i), by striking ‘‘and’’ at the end; 

10 (2) in clause (ii), by striking ‘‘thereafter.’’ and 

11 inserting ‘‘through fiscal year 2010;’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(iii) 0.4 percent for fiscal years 2011 

14 and 2012; 

15 ‘‘(iv) 0.5 percent for fiscal years 2013 

16 and 2014; and 

17 ‘‘(v) 0.6 percent for fiscal year 2015 

18 and each fiscal year thereafter.’’. 

19 SEC. 5105. SBIR AND STTR AWARD LEVELS. 

20 (a) SBIR ADJUSTMENTS.—Section 9(j)(2)(D) of the 

21 Small Business Act (15 U.S.C. 638(j)(2)(D)) is amended— 

22 (1) by striking ‘‘$100,000’’ and inserting 

23 ‘‘$150,000’’; and 

24 (2) by striking ‘‘$750,000’’ and inserting 

25 ‘‘$1,000,000’’. 
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1 (b) STTR ADJUSTMENTS.—Section 9(p)(2)(B)(ix) of 

2 the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is 

3 amended— 

4 (1) by striking ‘‘$100,000’’ and inserting 

5 ‘‘$150,000’’; and 

6 (2) by striking ‘‘$750,000’’ and inserting 

7 ‘‘$1,000,000’’. 

8 (c) TRIENNIAL ADJUSTMENTS.—Section 9 of the Small 

9 Business Act (15 U.S.C. 638) is amended— 

10 (1) in subsection (j)(2)(D)— 

11 (A) by striking ‘‘5 years’’ and inserting ‘‘3 

12 years’’; and 

13 (B) by striking ‘‘and programmatic consid14 erations’’; and 

15 (2) in subsection (p)(2)(B)(ix) by striking 

16 ‘‘greater or lesser amounts to be awarded at the dis17 cretion of the awarding agency,’’ and inserting ‘‘an 

18 adjustment for inflation of such amounts once every 

19 3 years,’’. 

20 (d) LIMITATION ON CERTAIN AWARDS.—Section 9 of 

21 the Small Business Act (15 U.S.C. 638) is amended by add22 ing at the end the following: 

23 ‘‘(aa) LIMITATION ON CERTAIN AWARDS.— 

24 ‘‘(1) LIMITATION.—No Federal agency may issue 

25 an award under the SBIR program or the STTR pro-
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1 gram if the size of the award exceeds the award guide2 lines established under this section by more than 50 

3 percent. 

4 ‘‘(2) MAINTAINANCE OF INFORMATION.—Partici5 pating agencies shall maintain information on 

6 awards exceeding the guidelines established under this 

7 section, including— 

8 ‘‘(A) the amount of each award; 

9 ‘‘(B) a justification for exceeding the award 

10 amount; 

11 ‘‘(C) the identity and location of each 

12 award recipient; and 

13 ‘‘(D) whether a recipient has received any 

14 venture capital investment and, if so, whether 

15 the recipient is majority-owned and controlled 

16 by multiple venture capital companies. 

17 ‘‘(3) REPORTS.—The Administrator shall in18 clude the information described in paragraph (2) in 

19 the annual report of the Administrator to Congress. 

20 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this 

21 subsection shall be construed to prevent a Federal 

22 agency from supplementing an award under the 

23 SBIR program or the STTR program using funds of 

24 the Federal agency that are not part of the SBIR pro25 gram or the STTR program of the Federal agency.’’. 
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1 SEC. 5106. AGENCY AND PROGRAM COLLABORATION. 

2 Section 9 of the Small Business Act (15 U.S.C. 638), 

3 as amended by this division, is amended by adding at the 

4 end the following: 

5 ‘‘(bb) SUBSEQUENT PHASES.— 

6 ‘‘(1) AGENCY COLLABORATION.—A small business 

7 concern that received an award from a Federal agen8 cy under this section shall be eligible to receive an 

9 award for a subsequent phase from another Federal 

10 agency, if the head of each relevant Federal agency or 

11 the relevant component of the Federal agency makes 

12 a written determination that the topics of the relevant 

13 awards are the same and both agencies report the 

14 awards to the Administrator for inclusion in the pub15 lic database under subsection (k). 

16 ‘‘(2) SBIR AND STTR COLLABORATION.—A small 

17 business concern which received an award under this 

18 section under the SBIR program or the STTR pro19 gram may receive an award under this section for a 

20 subsequent phase in either the SBIR program or the 

21 STTR program and the participating agency or 

22 agencies shall report the awards to the Administrator 

23 for inclusion in the public database under subsection 

24 (k).’’. 
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1 SEC. 5107. ELIMINATION OF PHASE II INVITATIONS. 

2 (a) IN GENERAL.—Section 9(e) of the Small Business 

3 Act (15 U.S.C. 638(e)) is amended— 

4 (1) in paragraph (4)(B), by striking ‘‘to further’’ 

5 and inserting: ‘‘which shall not include any invita6 tion, pre-screening, pre-selection, or down-selection 

7 process for eligibility for the second phase, that will 

8 further’’; and 

9 (2) in paragraph (6)(B), by striking ‘‘to further 

10 develop proposed ideas to’’ and inserting ‘‘which shall 

11 not include any invitation, pre-screening, pre-selec12 tion, or down-selection process for eligibility for the 

13 second phase, that will further develop proposals 

14 that’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 The Small Business Act (15 U.S.C. 638) is amended— 

17 (1) in section 9— 

18 (A) in subsection (e)— 

19 (i) in paragraph (8), by striking 

20 ‘‘and’’ at the end; 

21 (ii) in paragraph (9)— 

22 (I) by striking ‘‘the second or the 

23 third phase’’ and inserting ‘‘Phase II 

24 or Phase III’’; and 

25 (II) by striking the period at the 

26 end and inserting a semicolon; and 
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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(10) the term ‘Phase I’ means— 

4 ‘‘(A) with respect to the SBIR program, the 

5 first phase described in paragraph (4)(A); and 

6 ‘‘(B) with respect to the STTR program, the 

7 first phase described in paragraph (6)(A); 

8 ‘‘(11) the term ‘Phase II’ means— 

9 ‘‘(A) with respect to the SBIR program, the 

10 second phase described in paragraph (4)(B); and 

11 ‘‘(B) with respect to the STTR program, the 

12 second phase described in paragraph (6)(B); and 

13 ‘‘(12) the term ‘Phase III’ means— 

14 ‘‘(A) with respect to the SBIR program, the 

15 third phase described in paragraph (4)(C); and 

16 ‘‘(B) with respect to the STTR program, the 

17 third phase described in paragraph (6)(C).’’; 

18 (B) in subsection (j)— 

19 (i) in paragraph (1)(B), by striking 

20 ‘‘phase two’’ and inserting ‘‘Phase II’’; 

21 (ii) in paragraph (2)— 

22 (I) in subparagraph (B)— 

23 (aa) by striking ‘‘the third 

24 phase’’ each place it appears and 

25 inserting ‘‘Phase III’’; and 
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1 (bb) by striking ‘‘the second 

2 phase’’ and inserting ‘‘Phase II’’; 

3 (II) in subparagraph (D)— 

4 (aa) by striking ‘‘the first 

5 phase’’ and inserting ‘‘Phase I’’; 

6 and 

7 (bb) by striking ‘‘the second 

8 phase’’ and inserting ‘‘Phase II’’; 

9 (III) in subparagraph (F), by 

10 striking ‘‘the third phase’’ and insert11 ing ‘‘Phase III’’; 

12 (IV) in subparagraph (G)— 

13 (aa) by striking ‘‘the first 

14 phase’’ and inserting ‘‘Phase I’’; 

15 and 

16 (bb) by striking ‘‘the second 

17 phase’’ and inserting ‘‘Phase II’’; 

18 and 

19 (V) in subparagraph (H)— 

20 (aa) by striking ‘‘the first 

21 phase’’ and inserting ‘‘Phase I’’; 

22 (bb) by striking ‘‘second 

23 phase’’ each place it appears and 

24 inserting ‘‘Phase II’’; and 
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1 (cc) by striking ‘‘third 

2 phase’’ and inserting ‘‘Phase III’’; 

3 and 

4 (iii) in paragraph (3)— 

5 (I) in subparagraph (A)— 

6 (aa) by striking ‘‘the first 

7 phase (as described in subsection 

8 (e)(4)(A))’’ and inserting ‘‘Phase 

9 I’’; 

10 (bb) by striking ‘‘the second 

11 phase (as described in subsection 

12 (e)(4)(B))’’ and inserting ‘‘Phase 

13 II’’; and 

14 (cc) by striking ‘‘the third 

15 phase (as described in subsection 

16 (e)(4)(C))’’ and inserting ‘‘Phase 

17 III’’; and 

18 (II) in subparagraph (B), by 

19 striking ‘‘second phase’’ and inserting 

20 ‘‘Phase II’’; 

21 (C) in subsection (k)— 

22 (i) by striking ‘‘first phase’’ each place 

23 it appears and inserting ‘‘Phase I’’; and 

24 (ii) by striking ‘‘second phase’’ each 

25 place it appears and inserting ‘‘Phase II’’; 
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1 (D) in subsection (l)(2)— 

2 (i) by striking ‘‘the first phase’’ and 

3 inserting ‘‘Phase I’’; and 

4 (ii) by striking ‘‘the second phase’’ and 

5 inserting ‘‘Phase II’’; 

6 (E) in subsection (o)(13)— 

7 (i) in subparagraph (B), by striking 

8 ‘‘second phase’’ and inserting ‘‘Phase II’’; 

9 and 

10 (ii) in subparagraph (C), by striking 

11 ‘‘third phase’’ and inserting ‘‘Phase III’’; 

12 (F) in subsection (p)— 

13 (i) in paragraph (2)(B)— 

14 (I) in clause (vi)— 

15 (aa) by striking ‘‘the second 

16 phase’’ and inserting ‘‘Phase II’’; 

17 and 

18 (bb) by striking ‘‘the third 

19 phase’’ and inserting ‘‘Phase III’’; 

20 and 

21 (II) in clause (ix)— 

22 (aa) by striking ‘‘the first 

23 phase’’ and inserting ‘‘Phase I’’; 

24 and 
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1 (bb) by striking ‘‘the second 

2 phase’’ and inserting ‘‘Phase II’’; 

3 and 

4 (ii) in paragraph (3)— 

5 (I) by striking ‘‘the first phase (as 

6 described in subsection (e)(6)(A))’’ and 

7 inserting ‘‘Phase I’’; 

8 (II) by striking ‘‘the second phase 

9 (as described in subsection (e)(6)(B))’’ 

10 and inserting ‘‘Phase II’’; and 

11 (III) by striking ‘‘the third phase 

12 (as described in subsection (e)(6)(A))’’ 

13 and inserting ‘‘Phase III’’; 

14 (G) in subsection (q)(3)— 

15 (i) in subparagraph (A)— 

16 (I) in the subparagraph heading, 

17 by striking ‘‘FIRST PHASE’’ and insert18 ing ‘‘PHASE I’’; and 

19 (II) by striking ‘‘first phase’’ and 

20 inserting ‘‘Phase I’’; and 

21 (ii) in subparagraph (B)— 

22 (I) in the subparagraph heading, 

23 by striking ‘‘SECOND PHASE’’ and in24 serting ‘‘PHASE II’’; and 
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1 (II) by striking ‘‘second phase’’ 

2 and inserting ‘‘Phase II’’; 

3 (H) in subsection (r)— 

4 (i) in the subsection heading, by strik5 ing ‘‘THIRD PHASE’’ and inserting ‘‘PHASE

6 III’’; 

7 (ii) in paragraph (1)— 

8 (I) in the first sentence— 

9 (aa) by striking ‘‘for the sec10 ond phase’’ and inserting ‘‘for 

11 Phase II’’; 

12 (bb) by striking ‘‘third 

13 phase’’ and inserting ‘‘Phase III’’; 

14 and 

15 (cc) by striking ‘‘second 

16 phase period’’ and inserting 

17 ‘‘Phase II period’’; and 

18 (II) in the second sentence— 

19 (aa) by striking ‘‘second 

20 phase’’ and inserting ‘‘Phase II’’; 

21 and 

22 (bb) by striking ‘‘third 

23 phase’’ and inserting ‘‘Phase III’’; 

24 and 
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1 (iii) in paragraph (2), by striking 

2 ‘‘third phase’’ and inserting ‘‘Phase III’’; 

3 and 

4 (I) in subsection (u)(2)(B), by striking ‘‘the 

5 first phase’’ and inserting ‘‘Phase I’’; 

6 (2) in section 34— 

7 (A) in subsection (c)(2)(B)(ii), by striking 

8 ‘‘first phase and second phase SBIR awards’’ 

9 and inserting ‘‘Phase I and Phase II SBIR 

10 awards (as defined in section 9(e))’’; and 

11 (B) in subsection (e)(2)(A)— 

12 (i) in clause (i), by striking ‘‘first 

13 phase awards’’ and all that follows and in14 serting ‘‘Phase I awards (as defined in sec15 tion 9(e));’’; and 

16 (ii) by striking ‘‘first phase’’ each 

17 place it appears and inserting ‘‘Phase I’’; 

18 and 

19 (3) in section 35(c)(2)(B)(vii), by striking ‘‘third 

20 phase’’ and inserting ‘‘Phase III’’. 

21 SEC. 5108. MAJORITY-VENTURE INVESTMENTS IN SBIR 

22 FIRMS. 

23 (a) IN GENERAL.—Section 9 of the Small Business Act 

24 (15 U.S.C. 638), as amended by this division, is amended 

25 by adding at the end the following: 
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1 ‘‘(cc) MAJORITY-VENTURE INVESTMENTS IN SBIR 

2 FIRMS.— 

3 ‘‘(1) AUTHORITY AND DETERMINATION.— 

4 ‘‘(A) IN GENERAL.—Upon a written deter5 mination provided not later than 30 days in ad6 vance to the Administrator and to the Committee 

7 on Small Business and Entrepreneurship of the 

8 Senate and the Committee on Small Business of 

9 the House of Representatives— 

10 ‘‘(i) the Director of the National Insti11 tutes of Health may award not more than 

12 18 percent of the SBIR funds of the Na13 tional Institutes of Health allocated in ac14 cordance with this Act, in the first full fis15 cal year beginning after the date of enact16 ment of this subsection, and each fiscal year 

17 thereafter, to small business concerns that 

18 are owned in majority part by venture cap19 ital companies and that satisfy the quali20 fication requirements under paragraph (2) 

21 through competitive, merit-based procedures 

22 that are open to all eligible small business 

23 concerns; and 

24 ‘‘(ii) the head of any other Federal 

25 agency participating in the SBIR program 
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† HR 2647 EAS 

1 may award not more than 8 percent of the 

2 SBIR funds of the Federal agency allocated 

3 in accordance with this Act, in the first full 

4 fiscal year beginning after the date of enact5 ment of this subsection, and each fiscal year 

6 thereafter, to small business concerns that 

7 are majority owned by venture capital com8 panies and that satisfy the qualification re9 quirements under paragraph (2) through 

10 competitive, merit-based procedures that are 

11 open to all eligible small business concerns. 

12 ‘‘(B) DETERMINATION.—A written deter13 mination made under subparagraph (A) shall 

14 explain how the use of the authority under that 

15 subparagraph will induce additional venture 

16 capital funding of small business innovations, 

17 substantially contribute to the mission of the 

18 funding Federal agency, demonstrate a need for 

19 public research, and otherwise fulfill the capital 

20 needs of small business concerns for additional 

21 financing for the SBIR project. 

22 ‘‘(2) QUALIFICATION REQUIREMENTS.—The Ad23 ministrator shall establish requirements relating to 

24 the affiliation by small business concerns with venture 

25 capital companies, which may not exclude a United 
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† HR 2647 EAS 

1 States small business concern from participation in 

2 the program under paragraph (1) on the basis that 

3 the small business concern is owned in majority part 

4 by, or controlled by, more than 1 United States ven5 ture capital company, so long as no single venture 

6 capital company owns more than 49 percent of the 

7 small business concern. 

8 ‘‘(3) REGISTRATION.—A small business concern 

9 that is majority owned and controlled by multiple 

10 venture capital companies and qualified for partici11 pation in the program authorized under paragraph 

12 (1) shall— 

13 ‘‘(A) register with the Administrator on the 

14 date that the small business concern submits an 

15 application for an award under the SBIR pro16 gram; and 

17 ‘‘(B) indicate whether the small business 

18 concern is registered under subparagraph (A) in 

19 any SBIR proposal. 

20 ‘‘(4) COMPLIANCE.—A Federal agency described 

21 in paragraph (1) shall collect data regarding the 

22 number and dollar amounts of phase I, phase II, and 

23 all other categories of awards under the SBIR pro24 gram, and the Administrator shall report on the data 

25 and the compliance of each such Federal agency with 
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† HR 2647 EAS 

1 the maximum amounts under paragraph (1) as part 

2 of the annual report by the Administration under 

3 subsection (b)(7). 

4 ‘‘(5) ENFORCEMENT.—If a Federal agency 

5 awards more than the amount authorized under para6 graph (1) for a purpose described in paragraph (1), 

7 the amount awarded in excess of the amount author8 ized under paragraph (1) shall be transferred to the 

9 funds for general SBIR programs from the non-SBIR 

10 research and development funds of the Federal agency 

11 within 60 days of the date on which the Federal agen12 cy awarded more than the amount authorized under 

13 paragraph (1) for a purpose described in paragraph 

14 (1).’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.—Sec16 tion 3 of the Small Business Act (15 U.S.C. 632) is amend17 ed by adding at the end the following: 

18 ‘‘(t) VENTURE CAPITAL COMPANY.—In this Act, the 

19 term ‘venture capital company’ means an entity described 

20 in clause (i), (v), or (vi) of section 121.103(b)(5) of title 

21 13, Code of Federal Regulations (or any successor thereto).’’. 

22 (c) ASSISTANCE FOR DETERMINING AFFILIATES.—Not 

23 later than 30 days after the date of enactment of this Act, 

24 the Administrator shall post on the website of the Adminis25 tration (with a direct link displayed on the homepage of 
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† HR 2647 EAS 

1 the website of the Administration or the SBIR website of 

2 the Administration)— 

3 (1) a clear explanation of the SBIR affiliation 

4 rules under part 121 of title 13, Code of Federal Reg5 ulations; and 

6 (2) contact information for officers or employees 

7 of the Administration who— 

8 (A) upon request, shall review an issue re9 lating to the rules described in paragraph (1); 

10 and 

11 (B) shall respond to a request under sub12 paragraph (A) not later than 20 business days 

13 after the date on which the request is received. 

14 SEC. 5109. SBIR AND STTR SPECIAL ACQUISITION PREF15 ERENCE. 

16 Section 9(r) of the Small Business Act (15 U.S.C. 

17 638(r)) is amended by adding at the end the following: 

18 ‘‘(4) PHASE III AWARDS.—To the greatest extent 

19 practicable, Federal agencies and Federal prime con20 tractors shall issue Phase III awards relating to tech21 nology, including sole source awards, to the SBIR 

22 and STTR award recipients that developed the tech23 nology.’’. 
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† HR 2647 EAS 

1 SEC. 5110. COLLABORATING WITH FEDERAL LABORATORIES 

2 AND RESEARCH AND DEVELOPMENT CEN3 TERS. 

4 Section 9 of the Small Business Act (15 U.S.C. 638), 

5 as amended by this division, is amended by adding at the 

6 end the following: 

7 ‘‘(dd) COLLABORATING WITH FEDERAL LABORA8 TORIES AND RESEARCH AND DEVELOPMENT CENTERS.— 

9 ‘‘(1) AUTHORIZATION.—Subject to the limita10 tions under this section, the head of each partici11 pating Federal agency may make SBIR and STTR 

12 awards to any eligible small business concern that— 

13 ‘‘(A) intends to enter into an agreement 

14 with a Federal laboratory or federally funded re15 search and development center for portions of the 

16 activities to be performed under that award; or 

17 ‘‘(B) has entered into a cooperative research 

18 and development agreement (as defined in sec19 tion 12(d) of the Stevenson-Wydler Technology 

20 Innovation Act of 1980 (15 U.S.C. 3710a(d))) 

21 with a Federal laboratory. 

22 ‘‘(2) PROHIBITION.—No Federal agency shall— 

23 ‘‘(A) condition an SBIR or STTR award 

24 upon entering into agreement with any Federal 

25 laboratory or any federally funded laboratory or 

26 research and development center for any portion 
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1 of the activities to be performed under that 

2 award; 

3 ‘‘(B) approve an agreement between a small 

4 business concern receiving a SBIR or STTR 

5 award and a Federal laboratory or federally 

6 funded laboratory or research and development 

7 center, if the small business concern performs a 

8 lesser portion of the activities to be performed 

9 under that award than required by this section 

10 and by the SBIR Policy Directive and the STTR 

11 Policy Directive of the Administrator; or 

12 ‘‘(C) approve an agreement that violates 

13 any provision, including any data rights protec14 tions provision, of this section or the SBIR and 

15 the STTR Policy Directives. 

16 ‘‘(3) IMPLEMENTATION.—Not later than 180 

17 days after the date of enactment of this subsection, the 

18 Administrator shall modify the SBIR Policy Direc19 tive and the STTR Policy Directive issued under this 

20 section to ensure that small business concerns— 

21 ‘‘(A) have the flexibility to use the resources 

22 of the Federal laboratories and federally funded 

23 research and development centers; and 

24 ‘‘(B) are not mandated to enter into agree25 ment with any Federal laboratory or any feder-
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† HR 2647 EAS 

1 ally funded laboratory or research and develop2 ment center as a condition of an award.’’. 

3 SEC. 5111. NOTICE REQUIREMENT. 

4 The head of any Federal agency involved in a case or 

5 controversy before any Federal judicial or administrative 

6 tribunal concerning the SBIR program or the STTR pro7 gram shall provide timely notice, as determined by the Ad8 ministrator, of the case or controversy to the Administrator. 

9 TITLE LII—OUTREACH AND COM10 MERCIALIZATION INITIA11 TIVES 

12 SEC. 5201. RURAL AND STATE OUTREACH. 

13 (a) OUTREACH.—Section 9 of the Small Business Act 

14 (15 U.S.C. 638) is amended by inserting after subsection 

15 (r) the following: 

16 ‘‘(s) OUTREACH.— 

17 ‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this 

18 subsection, the term ‘eligible State’ means a State— 

19 ‘‘(A) for which the total value of contracts 

20 awarded to the State under this section during 

21 the most recent fiscal year for which data is 

22 available was less than $5,000,000; and 

23 ‘‘(B) that certifies to the Administrator that 

24 the State will, upon receipt of assistance under 

25 this subsection, provide matching funds from 
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1 non-Federal sources in an amount that is not 

2 less than 50 percent of the amount provided 

3 under this subsection. 

4 ‘‘(2) PROGRAM AUTHORITY.—Of amounts made 

5 available to carry out this section for each of fiscal 

6 years 2010 through 2014, the Administrator may ex7 pend with eligible States not more than $5,000,000 in 

8 each such fiscal year in order to increase the partici9 pation of small business concerns located in those 

10 States in the programs under this section. 

11 ‘‘(3) AMOUNT OF ASSISTANCE.—The amount of 

12 assistance provided to an eligible State under this 

13 subsection in any fiscal year— 

14 ‘‘(A) shall be equal to not more than 50 per15 cent of the total amount of matching funds from 

16 non-Federal sources provided by the State; and 

17 ‘‘(B) shall not exceed $100,000. 

18 ‘‘(4) USE OF ASSISTANCE.—Assistance provided 

19 to an eligible State under this subsection shall be used 

20 by the State, in consultation with State and local de21 partments and agencies, for programs and activities 

22 to increase the participation of small business con23 cerns located in the State in the programs under this 

24 section, including— 
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1 ‘‘(A) the establishment of quantifiable per2 formance goals, including goals relating to— 

3 ‘‘(i) the number of program awards 

4 under this section made to small business 

5 concerns in the State; and 

6 ‘‘(ii) the total amount of Federal re7 search and development contracts awarded 

8 to small business concerns in the State; 

9 ‘‘(B) the provision of competition outreach 

10 support to small business concerns in the State 

11 that are involved in research and development; 

12 and 

13 ‘‘(C) the development and dissemination of 

14 educational and promotional information relat15 ing to the programs under this section to small 

16 business concerns in the State.’’. 

17 (b) FEDERAL AND STATE PROGRAM EXTENSION.— 

18 Section 34 of the Small Business Act (15 U.S.C. 657d) is 

19 amended— 

20 (1) in subsection (h), by striking ‘‘2001 through 

21 2005’’ each place it appears and inserting ‘‘2010 

22 through 2014’’; and 

23 (2) in subsection (i), by striking ‘‘2005’’ and in24 serting ‘‘2014’’. 
1107 

† HR 2647 EAS 

1 (c) MATCHING REQUIREMENTS.—Section 34(e)(2) of 

2 the Small Business Act (15 U.S.C. 657d(e)(2)) is amend3 ed— 

4 (1) in subparagraph (A)— 

5 (A) in clause (i), by striking ‘‘50 cents’’ and 

6 inserting ‘‘35 cents’’; and 

7 (B) in clause (iii), by striking ‘‘75 cents’’ 

8 and inserting ‘‘50 cents’’; 

9 (2) in subparagraph (B), by striking ‘‘50 cents’’ 

10 and inserting ‘‘35 cents’’; 

11 (3) by redesignating subparagraphs (C) and (D) 

12 as subparagraphs (D) and (E), respectively; and 

13 (4) by inserting after subparagraph (B) the fol14 lowing: 

15 ‘‘(C) RURAL AREAS.— 

16 ‘‘(i) IN GENERAL.—Except as provided 

17 in clause (ii), the non-Federal share of the 

18 cost of the activity carried out using an 

19 award or under a cooperative agreement 

20 under this section shall be 35 cents for each 

21 Federal dollar that will be directly allocated 

22 by a recipient described in paragraph (A) 

23 to serve small business concerns located in 

24 a rural area. 
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1 ‘‘(ii) ENHANCED RURAL AWARDS.—For 

2 a recipient located in a rural area that is 

3 located in a State described in subpara4 graph (A)(i), the non-Federal share of the 

5 cost of the activity carried out using an 

6 award or under a cooperative agreement 

7 under this section shall be 15 cents for each 

8 Federal dollar that will be directly allocated 

9 by a recipient described in paragraph (A) 

10 to serve small business concerns located in 

11 the rural area. 

12 ‘‘(iii) DEFINITION OF RURAL AREA.— 

13 In this subparagraph, the term ‘rural area’ 

14 has the meaning given that term in section 

15 1393(a)(2)) of the Internal Revenue Code of 

16 1986.’’. 

17 SEC. 5202. SBIR–STEM WORKFORCE DEVELOPMENT GRANT 

18 PILOT PROGRAM. 

19 (a) PILOT PROGRAM ESTABLISHED.—From amounts 

20 made available to carry out this section, the Administrator 

21 shall establish a SBIR–STEM Workforce Development 

22 Grant Pilot Program to encourage the business community 

23 to provide workforce development opportunities for college 

24 students, in the fields of science, technology, engineering, 
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1 and math (in this section referred to as ‘‘STEM college stu2 dents’’), by providing a SBIR bonus grant. 

3 (b) ELIGIBLE ENTITIES DEFINED.—In this section the 

4 term ‘‘eligible entity’’ means a grantee receiving a grant 

5 under the SBIR Program on the date of the bonus grant 

6 under subsection (a) that provides an internship program 

7 for STEM college students. 

8 (c) AWARDS.—An eligible entity shall receive a bonus 

9 grant equal to 10 percent of either a Phase I or Phase II 

10 grant, as applicable, with a total award maximum of not 

11 more than $10,000 per year. 

12 (d) EVALUATION.—Following the fourth year of fund13 ing under this section, the Administrator shall submit a 

14 report to Congress on the results of the SBIR–STEM Work15 force Development Grant Pilot Program. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated to carry out this section— 

18 (1) $1,000,000 for fiscal year 2011; 

19 (2) $1,000,000 for fiscal year 2012; 

20 (3) $1,000,000 for fiscal year 2013; 

21 (4) $1,000,000 for fiscal year 2014; and 

22 (5) $1,000,000 for fiscal year 2015. 

23 SEC. 5203. TECHNICAL ASSISTANCE FOR AWARDEES. 

24 Section 9(q)(3) of the Small Business Act (15 U.S.C. 

25 638(q)(3)) is amended— 
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1 (1) in subparagraph (A), by striking ‘‘$4,000’’ 

2 and inserting ‘‘$5,000’’; 

3 (2) in subparagraph (B)— 

4 (A) by striking ‘‘, with funds available from 

5 their SBIR awards,’’; and 

6 (B) by striking ‘‘$4,000 per year’’ and in7 serting ‘‘$5,000 per year, which shall be in addi8 tion to the amount of the recipient’s award’’; 

9 and 

10 (3) by adding at the end the following: 

11 ‘‘(C) FLEXIBILITY.—In carrying out sub12 paragraphs (A) and (B), each Federal agency 

13 shall provide the allowable amounts to a recipi14 ent that meets the eligibility requirements under 

15 the applicable subparagraph, if the recipient re16 quests to seek technical assistance from an indi17 vidual or entity other than the vendor selected 

18 under paragraph (2) by the Federal agency. 

19 ‘‘(D) LIMITATION.—A Federal agency may 

20 not— 

21 ‘‘(i) use the amounts authorized under 

22 subparagraph (A) or (B) unless the vendor 

23 selected under paragraph (2) provides the 

24 technical assistance to the recipient; or 
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1 ‘‘(ii) enter a contract with a vendor 

2 under paragraph (2) under which the 

3 amount provided for technical assistance is 

4 based on total number of Phase I or Phase 

5 II awards.’’. 

6 SEC. 5204. COMMERCIALIZATION PROGRAM AT DEPART7 MENT OF DEFENSE. 

8 Section 9(y) of the Small Business Act (15 U.S.C. 

9 638(y)), as amended by section 834 of this Act, is amend10 ed— 

11 (1) in paragraph (1), by adding at the end the 

12 following: ‘‘The authority to create and administer a 

13 Commercialization Program under this subsection 

14 may not be construed to eliminate or replace any 

15 other SBIR program or STTR program that enhances 

16 the insertion or transition of SBIR or STTR tech17 nologies, including any such program in effect on the 

18 date of enactment of the National Defense Authoriza19 tion Act for Fiscal Year 2006 (Public Law 109–163; 

20 119 Stat. 3136).’’; 

21 (2) by redesignating paragraph (5) as para22 graph (7); and 

23 (3) by inserting after paragraph (4) the fol24 lowing: 
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1 ‘‘(5) INSERTION INCENTIVES.—For any contract 

2 with a value of not less than $100,000,000, the Sec3 retary of Defense is authorized to— 

4 ‘‘(A) establish goals for the transition of 

5 Phase III technologies in subcontracting plans; 

6 and 

7 ‘‘(B) require a prime contractor on such a 

8 contract to report the number and dollar amount 

9 of contracts entered into by that prime con10 tractor for Phase III SBIR or STTR projects. 

11 ‘‘(6) GOAL FOR SBIR AND STTR TECHNOLOGY IN12 SERTION.—The Secretary of Defense shall— 

13 ‘‘(A) set a goal to increase the number of 

14 Phase II SBIR contracts and the number of 

15 Phase II STTR contracts awarded by that Sec16 retary that lead to technology transition into 

17 programs of record or fielded systems; 

18 ‘‘(B) use incentives in effect on the date of 

19 enactment of the SBIR/STTR Reauthorization 

20 Act of 2009, or create new incentives, to encour21 age agency program managers and prime con22 tractors to meet the goal under subparagraph 

23 (A); and 

24 ‘‘(C) include in the annual report to Con25 gress the percentage of contracts described in sub-
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1 paragraph (A) awarded by that Secretary, and 

2 information on the ongoing status of projects 

3 funded through the Commercialization Program 

4 and efforts to transition these technologies into 

5 programs of record or fielded systems.’’. 

6 SEC. 5205. COMMERCIALIZATION PILOT PROGRAM FOR CI7 VILIAN AGENCIES. 

8 Section 9 of the Small Business Act (15 U.S.C. 638), 

9 as amended by this division, is amended by adding at the 

10 end the following: 

11 ‘‘(ee) PILOT PROGRAM.— 

12 ‘‘(1) AUTHORIZATION.—The head of each covered 

13 Federal agency may set aside not more than 10 per14 cent of the SBIR and STTR funds of such agency for 

15 further technology development, testing, and evalua16 tion of SBIR and STTR Phase II technologies. 

17 ‘‘(2) APPLICATION BY FEDERAL AGENCY.— 

18 ‘‘(A) IN GENERAL.—A covered Federal 

19 agency may not establish a pilot program unless 

20 such agency makes a written application to the 

21 Administrator, not later than 90 days before to 

22 the first day of the fiscal year in which the pilot 

23 program is to be established, that describes a 

24 compelling reason that additional investment in 

25 SBIR or STTR technologies is necessary, includ-
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1 ing unusually high regulatory, systems integra2 tion, or other costs relating to development or 

3 manufacturing of identifiable, highly promising 

4 small business technologies or a class of such 

5 technologies expected to substantially advance the 

6 mission of the agency. 

7 ‘‘(B) DETERMINATION.—The Administrator 

8 shall— 

9 ‘‘(i) make a determination regarding 

10 an application submitted under subpara11 graph (A) not later than 30 days before the 

12 first day of the fiscal year for which the ap13 plication is submitted; 

14 ‘‘(ii) publish the determination in the 

15 Federal Register; and 

16 ‘‘(iii) make a copy of the determina17 tion and any related materials available to 

18 the Committee on Small Business and En19 trepreneurship of the Senate and the Com20 mittee on Small Business of the House of 

21 Representatives. 

22 ‘‘(3) MAXIMUM AMOUNT OF AWARD.—The head of 

23 a Federal agency may not make an award under a 

24 pilot program in excess of 3 times the dollar amounts 
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1 generally established for Phase II awards under sub2 section (j)(2)(D) or (p)(2)(B)(ix). 

3 ‘‘(4) MATCHING.—The head of a Federal agency 

4 may not make an award under a pilot program for 

5 SBIR or STTR Phase II technology that will be ac6 quired by the Federal Government unless new private, 

7 Federal non-SBIR, or Federal non-STTR funding 

8 that at least matches the award from the Federal 

9 agency is provided for the SBIR or STTR Phase II 

10 technology. 

11 ‘‘(5) ELIGIBILITY FOR AWARD.—The head of a 

12 Federal agency may make an award under a pilot 

13 program to any applicant that is eligible to receive 

14 a Phase III award related to technology developed in 

15 Phase II of an SBIR or STTR project. 

16 ‘‘(6) REGISTRATION.—Any applicant that re17 ceives an award under a pilot program shall register 

18 with the Administrator in a registry that is available 

19 to the public. 

20 ‘‘(7) TERMINATION.—The authority to establish 

21 a pilot program under this section expires at the end 

22 of fiscal year 2014. 

23 ‘‘(8) DEFINITIONS.—In this section— 

24 ‘‘(A) the term ‘covered Federal agency’— 
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1 ‘‘(i) means a Federal agency partici2 pating in the SBIR program or the STTR 

3 program; and 

4 ‘‘(ii) does not include the Department 

5 of Defense; and 

6 ‘‘(B) the term ‘pilot program’ means the 

7 program established under paragraph (1).’’. 

8 SEC. 5206. NANOTECHNOLOGY INITIATIVE. 

9 (a) IN GENERAL.—Section 9 of the Small Business Act 

10 (15 U.S.C. 638), as amended by this division, is amended 

11 by adding at the end the following: 

12 ‘‘(ff) NANOTECHNOLOGY INITIATIVE.—Each Federal 

13 agency participating in the SBIR or STTR program shall 

14 encourage the submission of applications for support of 

15 nanotechnology related projects to such program.’’. 

16 (b) SUNSET.—Effective October 1, 2014, subsection (ff) 

17 of the Small Business Act, as added by subsection (a) of 

18 this section, is repealed. 

19 SEC. 5207. ACCELERATING CURES. 

20 The Small Business Act (15 U.S.C. 631 et seq.) is 

21 amended— 

22 (1) by redesignating section 44 as section 45; 

23 and 

24 (2) by inserting after section 43 the following: 
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1 ‘‘SEC. 44. SMALL BUSINESS INNOVATION RESEARCH PRO2 GRAM. 

3 ‘‘(a) NIH CURES PILOT.— 

4 ‘‘(1) ESTABLISHMENT.—An independent advi5 sory board shall be established at the National Acad6 emy of Sciences (in this section referred to as the ‘ad7 visory board’) to conduct periodic evaluations of the 

8 SBIR program (as that term is defined in section 9) 

9 of each of the National Institutes of Health (referred 

10 to in this section as the ‘NIH’) institutes and centers 

11 for the purpose of improving the management of the 

12 SBIR program through data-driven assessment. 

13 ‘‘(2) MEMBERSHIP.— 

14 ‘‘(A) IN GENERAL.—The advisory board 

15 shall consist of— 

16 ‘‘(i) the Director of the NIH; 

17 ‘‘(ii) the Director of the SBIR program 

18 of the NIH; 

19 ‘‘(iii) senior NIH agency managers, se20 lected by the Director of NIH; 

21 ‘‘(iv) industry experts, selected by the 

22 Council of the National Academy of 

23 Sciences in consultation with the Associate 

24 Administrator for Technology of the Admin25 istration and the Director of the Office of 

26 Science and Technology Policy; and 
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1 ‘‘(v) owners or operators of small busi2 ness concerns that have received an award 

3 under the SBIR program of the NIH, se4 lected by the Associate Administrator for 

5 Technology of the Administration. 

6 ‘‘(B) NUMBER OF MEMBERS.—The total 

7 number of members selected under clauses (iii), 

8 (iv), and (v) of subparagraph (A) shall not ex9 ceed 10. 

10 ‘‘(C) EQUAL REPRESENTATION.—The total 

11 number of members of the advisory board selected 

12 under clauses (i), (ii), (iii), and (iv) of subpara13 graph (A) shall be equal to the number of mem14 bers of the advisory board selected under sub15 paragraph (A)(v). 

16 ‘‘(b) ADDRESSING DATA GAPS.—In order to enhance 

17 the evidence-base guiding SBIR program decisions and 

18 changes, the Director of the SBIR program of the NIH shall 

19 address the gaps and deficiencies in the data collection con20 cerns identified in the 2007 report of the National Acad21 emies of Science entitled ‘An Assessment of the Small Busi22 ness Innovation Research Program at the NIH’. 

23 ‘‘(c) PILOT PROGRAM.— 

24 ‘‘(1) IN GENERAL.—The Director of the SBIR 

25 program of the NIH may initiate a pilot program, 
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1 under a formal mechanism for designing, imple2 menting, and evaluating pilot programs, to spur in3 novation and to test new strategies that may enhance 

4 the development of cures and therapies. 

5 ‘‘(2) CONSIDERATIONS.—The Director of the 

6 SBIR program of the NIH may consider conducting 

7 a pilot program to include individuals with successful 

8 SBIR program experience in study sections, hiring 

9 individuals with small business development experi10 ence for staff positions, separating the commercial 

11 and scientific review processes, and examining the 

12 impact of the trend toward larger awards on the over13 all program. 

14 ‘‘(d) REPORT TO CONGRESS.—The Director of the NIH 

15 shall submit an annual report to Congress and the advisory 

16 board on the activities of the SBIR program of the NIH 

17 under this section. 

18 ‘‘(e) SBIR GRANTS AND CONTRACTS.— 

19 ‘‘(1) IN GENERAL.—In awarding grants and 

20 contracts under the SBIR program of the NIH each 

21 SBIR program manager shall place an emphasis on 

22 applications that identify products and services that 

23 may enhance the development of cures and therapies. 

24 ‘‘(2) EXAMINATION OF COMMERCIALIZATION AND

25 OTHER METRICS.—The advisory board shall evaluate 
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1 the implementation of the requirement under para2 graph (1) by examining increased commercialization 

3 and other metrics, to be determined and collected by 

4 the SBIR program of the NIH. 

5 ‘‘(3) PHASE I AND II.—To the greatest extent 

6 practicable, the Director of the SBIR program of the 

7 NIH shall reduce the time period between Phase I 

8 and Phase II funding of grants and contracts under 

9 the SBIR program of the NIH to 6 months. 

10 ‘‘(f) LIMIT.—Not more than a total of 1 percent of the 

11 extramural budget (as defined in section 9 of the Small 

12 Business Act (15 U.S.C. 638)) of the NIH for research or 

13 research and development may be used for the pilot program 

14 under subsection (c) and to carry out subsection (e). 

15 ‘‘(g) SUNSET.—This section shall cease to be effective 

16 on the date that is 5 years after the date of enactment of 

17 the SBIR/STTR Reauthorization Act of 2009.’’. 

18 TITLE LIII—OVERSIGHT AND 

19 EVALUATION 

20 SEC. 5301. STREAMLINING ANNUAL EVALUATION REQUIRE21 MENTS. 

22 Section 9(b) of the Small Business Act (15 U.S.C. 

23 638(b)), as amended by section l102 of this division, is 

24 amended— 

25 (1) in paragraph (7)— 
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1 (A) by striking ‘‘STTR programs, including 

2 the data’’ and inserting the following: ‘‘STTR 

3 programs, including— 

4 ‘‘(A) the data’’; 

5 (B) by striking ‘‘(g)(10), (o)(9), and (o)(15), 

6 the number’’ and all that follows through ‘‘under 

7 each of the SBIR and STTR programs, and a 

8 description’’ and inserting the following: ‘‘(g)(8) 

9 and (o)(9); and 

10 ‘‘(B) the number of proposals received from, 

11 and the number and total amount of awards to, 

12 HUBZone small business concerns and firms 

13 with venture capital investment (including those 

14 majority owned and controlled by multiple ven15 ture capital firms) under each of the SBIR and 

16 STTR programs; 

17 ‘‘(C) a description of the extent to which 

18 each Federal agency is increasing outreach and 

19 awards to firms owned and controlled by women 

20 and social or economically disadvantaged indi21 viduals under each of the SBIR and STTR pro22 grams; 

23 ‘‘(D) general information about the imple24 mentation and compliance with the allocation of 

25 funds required under subsection (cc) for firms 
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1 majority owned and controlled by multiple ven2 ture capital firms under each of the SBIR and 

3 STTR programs; 

4 ‘‘(E) a detailed description of appeals of 

5 Phase III awards and notices of noncompliance 

6 with the SBIR and the STTR Policy Directives 

7 filed by the Administrator with Federal agencies; 

8 and 

9 ‘‘(F) a description’’; and 

10 (2) by inserting after paragraph (7) the fol11 lowing: 

12 ‘‘(8) to coordinate the implementation of elec13 tronic databases at each of the Federal agencies par14 ticipating in the SBIR program or the STTR pro15 gram, including the technical ability of the partici16 pating agencies to electronically share data;’’. 

17 SEC. 5302. DATA COLLECTION FROM AGENCIES FOR SBIR. 

18 Section 9(g) of the Small Business Act (15 U.S.C. 

19 638(g)) is amended— 

20 (1) by striking paragraph (10); 

21 (2) by redesignating paragraphs (8) and (9) as 

22 paragraphs (9) and (10), respectively; 

23 (3) by inserting after paragraph (7) the fol24 lowing: 
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1 ‘‘(8) collect annually, and maintain in a com2 mon format in accordance with the simplified report3 ing requirements under subsection (v), such informa4 tion from awardees as is necessary to assess the SBIR 

5 program, including information necessary to main6 tain the database described in subsection (k), includ7 ing— 

8 ‘‘(A) whether an awardee— 

9 ‘‘(i) has venture capital or is majority 

10 owned and controlled by multiple venture 

11 capital firms, and, if so— 

12 ‘‘(I) the amount of venture capital 

13 that the awardee has received as of the 

14 date of the award; and 

15 ‘‘(II) the amount of additional 

16 capital that the awardee has invested 

17 in the SBIR technology; 

18 ‘‘(ii) has an investor that— 

19 ‘‘(I) is an individual who is not a 

20 citizen of the United States or a lawful 

21 permanent resident of the United 

22 States, and if so, the name of any such 

23 individual; or 

24 ‘‘(II) is a person that is not an 

25 individual and is not organized under 
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1 the laws of a State or the United 

2 States, and if so the name of any such 

3 person; 

4 ‘‘(iii) is owned by a woman or has a 

5 woman as a principal investigator; 

6 ‘‘(iv) is owned by a socially or eco7 nomically disadvantaged individual or has 

8 a socially or economically disadvantaged 

9 individual as a principal investigator; 

10 ‘‘(v) received assistance under the 

11 FAST program under section 34 or the out12 reach program under subsection (s); 

13 ‘‘(vi) is a faculty member or a student 

14 of an institution of higher education, as 

15 that term is defined in section 101 of the 

16 Higher Education Act of 1965 (20 U.S.C. 

17 1001); or 

18 ‘‘(vii) is located in a State described in 

19 subsection (u)(3); and 

20 ‘‘(B) a justification statement from the 

21 agency, if an awardee receives an award in an 

22 amount that is more than the award guidelines 

23 under this section;’’; and 

24 (4) in paragraph (10), as so redesignated, by 

25 adding ‘‘and’’ at the end. 
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1 SEC. 5303. DATA COLLECTION FROM AGENCIES FOR STTR. 

2 Section 9(o) of the Small Business Act (15 U.S.C. 

3 638(o)) is amended— 

4 (1) by striking paragraph (9) and inserting the 

5 following: 

6 ‘‘(9) collect annually, and maintain in a com7 mon format in accordance with the simplified report8 ing requirements under subsection (v), such informa9 tion from applicants and awardees as is necessary to 

10 assess the STTR program outputs and outcomes, in11 cluding information necessary to maintain the data12 base described in subsection (k), including— 

13 ‘‘(A) whether an applicant or awardee— 

14 ‘‘(i) has venture capital or is majority 

15 owned and controlled by multiple venture 

16 capital firms, and, if so— 

17 ‘‘(I) the amount of venture capital 

18 that the applicant or awardee has re19 ceived as of the date of the application 

20 or award, as applicable; and 

21 ‘‘(II) the amount of additional 

22 capital that the applicant or awardee 

23 has invested in the SBIR technology; 

24 ‘‘(ii) has an investor that— 

25 ‘‘(I) is an individual who is not a 

26 citizen of the United States or a lawful 
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1 permanent resident of the United 

2 States, and if so, the name of any such 

3 individual; or 

4 ‘‘(II) is a person that is not an 

5 individual and is not organized under 

6 the laws of a State or the United 

7 States, and if so the name of any such 

8 person; 

9 ‘‘(iii) is owned by a woman or has a 

10 woman as a principal investigator; 

11 ‘‘(iv) is owned by a socially or eco12 nomically disadvantaged individual or has 

13 a socially or economically disadvantaged 

14 individual as a principal investigator; 

15 ‘‘(v) received assistance under the 

16 FAST program under section 34 or the out17 reach program under subsection (s); 

18 ‘‘(vi) is a faculty member or a student 

19 of an institution of higher education, as 

20 that term is defined in section 101 of the 

21 Higher Education Act of 1965 (20 U.S.C. 

22 1001); or 

23 ‘‘(vii) is located in a State in which 

24 the total value of contracts awarded to 

25 small business concerns under all STTR 
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1 programs is less than the total value of con2 tracts awarded to small business concerns 

3 in a majority of other States, as determined 

4 by the Administrator in biennial fiscal 

5 years, beginning with fiscal year 2008, 

6 based on the most recent statistics compiled 

7 by the Administrator; and 

8 ‘‘(B) if an awardee receives an award in an 

9 amount that is more than the award guidelines 

10 under this section, a statement from the agency 

11 that justifies the award amount;’’; 

12 (2) in paragraph (14), by adding ‘‘and’’ at the 

13 end; 

14 (3) by striking paragraph (15); and 

15 (4) by redesignating paragraph (16) as para16 graph (15). 

17 SEC. 5304. PUBLIC DATABASE. 

18 Section 9(k)(1) of the Small Business Act (15 U.S.C. 

19 638(k)(1)) is amended— 

20 (1) in subparagraph (D), by striking ‘‘and’’ at 

21 the end; 

22 (2) in subparagraph (E), by striking the period 

23 at the end and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 
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1 ‘‘(F) for each small business concern that 

2 has received a Phase I or Phase II SBIR or 

3 STTR award from a Federal agency, whether the 

4 small business concern— 

5 ‘‘(i) has venture capital and, if so, 

6 whether the small business concern is reg7 istered as majority owned and controlled by 

8 multiple venture capital companies as re9 quired under subsection (cc)(3); 

10 ‘‘(ii) is owned by a woman or has a 

11 woman as a principal investigator; 

12 ‘‘(iii) is owned by a socially or eco13 nomically disadvantaged individual or has 

14 a socially or economically disadvantaged 

15 individual as a principal investigator; 

16 ‘‘(iv) received assistance under the 

17 FAST program under section 34 or the out18 reach program under subsection (s); or 

19 ‘‘(v) is owned by a faculty member or 

20 a student of an institution of higher edu21 cation, as that term is defined in section 

22 101 of the Higher Education Act of 1965 

23 (20 U.S.C. 1001).’’. 
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1 SEC. 5305. GOVERNMENT DATABASE. 

2 Section 9(k)(2) of the Small Business Act (15 U.S.C. 

3 638(k)(2)) is amended— 

4 (1) by redesignating subparagraphs (C), (D), 

5 and (E) as subparagraphs (D), (E), and (F), respec6 tively; 

7 (2) by inserting after subparagraph (B) the fol8 lowing: 

9 ‘‘(C) includes, for each awardee— 

10 ‘‘(i) the name, size, location, and any 

11 identifying number assigned to the awardee 

12 by the Administrator; 

13 ‘‘(ii) whether the awardee has venture 

14 capital, and, if so— 

15 ‘‘(I) the amount of venture capital 

16 as of the date of the award; 

17 ‘‘(II) the percentage of ownership 

18 of the awardee held by a venture cap19 ital firm, including whether the 

20 awardee is majority owned and con21 trolled by multiple venture capital 

22 firms; and 

23 ‘‘(III) the amount of additional 

24 capital that the awardee has invested 

25 in the SBIR technology, which infor-
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1 mation shall be collected on an annual 

2 basis; 

3 ‘‘(iii) the names and locations of any 

4 affiliates of the awardee; 

5 ‘‘(iv) the number of employees of the 

6 awardee; 

7 ‘‘(v) the number of employees of the af8 filiates of the awardee; and 

9 ‘‘(vi) the names of, and the percentage 

10 of ownership of the awardee held by— 

11 ‘‘(I) any individual who is not a 

12 citizen of the United States or a lawful 

13 permanent resident of the United 

14 States; or 

15 ‘‘(II) any person that is not an 

16 individual and is not organized under 

17 the laws of a State or the United 

18 States;’’; and 

19 (3) in subparagraph (D), as so redesignated— 

20 (A) in clause (ii), by striking ‘‘and’’ at the 

21 end; and 

22 (B) by adding at the end, the following: 

23 ‘‘(iv) whether the applicant was major24 ity owned and controlled by multiple ven25 ture capital firms; and 
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1 ‘‘(v) the number of employees of the ap2 plicant;’’. 

3 SEC. 5306. ACCURACY IN FUNDING BASE CALCULATIONS. 

4 (a) IN GENERAL.—Not later than 1 year after the date 

5 of enactment of this Act, and every 3 years thereafter, the 

6 Comptroller General of the United States shall— 

7 (1) conduct a fiscal and management audit of 

8 the SBIR program and the STTR program for the 

9 applicable period to— 

10 (A) determine whether Federal agencies 

11 comply with the expenditure amount require12 ments under subsections (f)(1) and (n)(1) of sec13 tion 9 of the Small Business Act (15 U.S.C. 

14 638), as amended by this division; 

15 (B) assess the extent of compliance with the 

16 requirements of section 9(i)(2) of the Small Busi17 ness Act (15 U.S.C. 638(i)(2)) by Federal agen18 cies participating in the SBIR program or the 

19 STTR program and the Administration; 

20 (C) assess whether it would be more con21 sistent and effective to base the amount of the al22 locations under the SBIR program and the 

23 STTR program on a percentage of the research 

24 and development budget of a Federal agency, 
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1 rather than the extramural budget of the Federal 

2 agency; and 

3 (D) determine the portion of the extramural 

4 research or research and development budget of a 

5 Federal agency that each Federal agency spends 

6 for administrative purposes relating to the SBIR 

7 program or STTR program, and for what spe8 cific purposes, including the portion, if any, of 

9 such budget the Federal agency spends for sala10 ries and expenses, travel to visit applicants, out11 reach events, marketing, and technical assist12 ance; and 

13 (2) submit a report to the Committee on Small 

14 Business and Entrepreneurship of the Senate and the 

15 Committee on Small Business of the House of Rep16 resentatives regarding the audit conducted under 

17 paragraph (1), including the assessments required 

18 under subparagraphs (B) and (C), and the deter19 mination made under subparagraph (D) of para20 graph (1). 

21 (b) DEFINITION OF APPLICABLE PERIOD.—In this sec22 tion, the term ‘‘applicable period’’ means— 

23 (1) for the first report submitted under this sec24 tion, the period beginning on October 1, 2000, and 

25 ending on September 30 of the last full fiscal year be-
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1 fore the date of enactment of this Act for which infor2 mation is available; and 

3 (2) for the second and each subsequent report 

4 submitted under this section, the period— 

5 (A) beginning on October 1 of the first fiscal 

6 year after the end of the most recent full fiscal 

7 year relating to which a report under this sec8 tion was submitted; and 

9 (B) ending on September 30 of the last full 

10 fiscal year before the date of the report. 

11 SEC. 5307. CONTINUED EVALUATION BY THE NATIONAL 

12 ACADEMY OF SCIENCES. 

13 Section 108 of the Small Business Reauthorization Act 

14 of 2000 (15 U.S.C. 638 note) is amended by adding at the 

15 end the following: 

16 ‘‘(e) EXTENSIONS AND ENHANCEMENTS OF AUTHOR17 ITY.— 

18 ‘‘(1) IN GENERAL.—Not later than 6 months 

19 after the date of enactment of the SBIR/STTR Reau20 thorization Act of 2009, the head of each agency de21 scribed in subsection (a), in consultation with the 

22 Small Business Administration, shall cooperatively 

23 enter into an agreement with the National Academy 

24 of Sciences for the National Research Council to con25 duct a study described in subsection (a)(1) and make 
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1 recommendations described in subsection (a)(2) not 

2 later than 4 years after the date of enactment of the 

3 SBIR/STTR Reauthorization Act of 2009, and every 

4 4 years thereafter. 

5 ‘‘(2) REPORTING.—An agreement under para6 graph (1) shall require that not later than 4 years 

7 after the date of enactment of the SBIR/STTR Reau8 thorization Act of 2009, and every 4 years thereafter, 

9 the National Research Council shall submit to the 

10 head of the agency entering into the agreement, the 

11 Committee on Small Business and Entrepreneurship 

12 of the Senate, and the Committee on Small Business 

13 of the House of Representatives a report regarding the 

14 study conducted under paragraph (1) and containing 

15 the recommendations described in paragraph (1).’’. 

16 SEC. 5308. TECHNOLOGY INSERTION REPORTING REQUIRE17 MENTS. 

18 Section 9 of the Small Business Act (15 U.S.C. 638), 

19 as amended by this division, is amended by adding at the 

20 end the following: 

21 ‘‘(gg) PHASE III REPORTING.—The annual SBIR or 

22 STTR report to Congress by the Administration under sub23 section (b)(7) shall include, for each Phase III award made 

24 by the Federal agency— 
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1 ‘‘(1) the name of the agency or component of the 

2 agency or the non-Federal source of capital making 

3 the Phase III award; 

4 ‘‘(2) the name of the small business concern or 

5 individual receiving the Phase III award; and 

6 ‘‘(3) the dollar amount of the Phase III award.’’. 

7 SEC. 5309. INTELLECTUAL PROPERTY PROTECTIONS. 

8 (a) IN GENERAL.—The Comptroller General of the 

9 United States shall conduct a study of the SBIR program 

10 to assess whether— 

11 (1) Federal agencies comply with the data rights 

12 protections for SBIR awardees and the technologies of 

13 SBIR awardees under section 9 of the Small Business 

14 Act (15 U.S.C. 638); 

15 (2) the laws and policy directives intended to 

16 clarify the scope of data rights, including in proto17 types and mentor-prote ́ge ́ relationships and agree18 ments with Federal laboratories, are sufficient to pro19 tect SBIR awardees; and 

20 (3) there is an effective grievance tracking proc21 ess for SBIR awardees who have grievances against 

22 a Federal agency regarding data rights and a process 

23 for resolving those grievances. 

24 (b) REPORT.—Not later than 18 months after the date 

25 of enactment of this Act, the Comptroller General shall sub-
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1 mit to the Committee on Small Business and Entrepreneur2 ship of the Senate and the Committee on Small Business 

3 of the House of Representatives a report regarding the study 

4 conducted under subsection (a). 

5 TITLE LIV—POLICY DIRECTIVES 

6 SEC. 5401. CONFORMING AMENDMENTS TO THE SBIR AND 

7 THE STTR POLICY DIRECTIVES. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Administrator shall pro10 mulgate amendments to the SBIR Policy Directive and the 

11 STTR Policy Directive to conform such directives to this 

12 division and the amendments made by this division. 

13 (b) PUBLISHING SBIR POLICY DIRECTIVE AND THE

14 STTR POLICY DIRECTIVE IN THE FEDERAL REGISTER.— 

15 Not later than 180 days after the date of enactment of this 

16 Act, the Administrator shall publish the amended SBIR 

17 Policy Directive and the amended STTR Policy Directive 

18 in the Federal Register. 

19 SEC. 5402. PRIORITIES FOR CERTAIN RESEARCH INITIA20 TIVES. 

21 (a) IN GENERAL.—Section 9 of the Small Business Act 

22 (15 U.S.C. 638), as amended by this Act, is amended by 

23 adding at the end the following: 

24 ‘‘(hh) RESEARCH INITIATIVES.—To the extent that 

25 such projects relate to the mission of the Federal agency, 
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1 each Federal agency participating in the SBIR program 

2 or STTR program shall encourage the submission of appli3 cations for support of projects relating to security, energy, 

4 transportation, or improving the security and quality of 

5 the water supply of the United States to such program.’’. 

6 (b) SUNSET.—Effective October 1, 2014, section 9(hh) 

7 of the Small Business Act, as added by subsection (a) of 

8 this section, is repealed. 

9 SEC. 5403. REPORT ON SBIR AND STTR PROGRAM GOALS. 

10 Section 9 of the Small Business Act (15 U.S.C. 638), 

11 as amended by this Act, is amended by adding at the end 

12 the following: 

13 ‘‘(ii) ANNUAL REPORT ON SBIR AND STTR PROGRAM

14 GOALS.— 

15 ‘‘(1) DEVELOPMENT OF METRICS.—The head of 

16 each Federal agency required to participate in the 

17 SBIR program or the STTR program shall develop 

18 metrics to evaluate the effectiveness, and the benefit to 

19 the people of the United States, of the SBIR program 

20 and the STTR program of the Federal agency that— 

21 ‘‘(A) are science-based and statistically 

22 driven; 

23 ‘‘(B) reflect the mission of the Federal agen24 cy; and 
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1 ‘‘(C) include factors relating to the economic 

2 impact of the programs. 

3 ‘‘(2) EVALUATION.—The head of each Federal 

4 agency described in paragraph (1) shall conduct an 

5 annual evaluation using the metrics developed under 

6 paragraph (1) of— 

7 ‘‘(A) the SBIR program and the STTR pro8 gram of the Federal agency; and 

9 ‘‘(B) the benefits to the people of the United 

10 States of the SBIR program and the STTR pro11 gram of the Federal agency. 

12 ‘‘(3) REPORT.— 

13 ‘‘(A) IN GENERAL.—The head of each Fed14 eral agency described in paragraph (1) shall sub15 mit to the appropriate committees of Congress 

16 and the Administrator an annual report describ17 ing in detail the results of an evaluation con18 ducted under paragraph (2). 

19 ‘‘(B) PUBLIC AVAILABILITY OF REPORT.— 

20 The head of each Federal agency described in 

21 paragraph (1) shall make each report submitted 

22 under subparagraph (A) available to the public 

23 online. 
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1 ‘‘(C) DEFINITION.—In this paragraph, the 

2 term ‘appropriate committees of Congress’ 

3 means— 

4 ‘‘(i) the Committee on Small Business 

5 and Entrepreneurship of the Senate; and 

6 ‘‘(ii) the Committee on Small Business 

7 and the Committee on Science and Tech8 nology of the House of Representatives.’’. 

9 SEC. 5404. COMPETITIVE SELECTION PROCEDURES FOR 

10 SBIR AND STTR PROGRAMS. 

11 Section 9 of the Small Business Act (15 U.S.C. 638), 

12 as amended by this Act, is amended by adding at the end 

13 the following: 

14 ‘‘(jj) COMPETITIVE SELECTION PROCEDURES FOR

15 SBIR AND STTR PROGRAMS.—All funds awarded, appro16 priated, or otherwise made available in accordance with 

17 subsection (f) or (n) must be awarded pursuant to competi18 tive and merit-based selection procedures.’’. 

19 DIVISION G—MARITIME ADMIN20 ISTRATION AUTHORIZATION 

21 TITLE LX—MARITIME 

22 ADMINISTRATION 

23 SEC. 6001. SHORT TITLE. 

24 This title may be cited as the ‘‘Maritime Administra25 tion Authorization Act of 2010’’. 
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1 SEC. 6002. COOPERATIVE AGREEMENTS, ADMINISTRATIVE 

2 EXPENSES, AND CONTRACTING AUTHORITY. 

3 Section 109 of title 49, United States Code, is amend4 ed— 

5 (1) by striking the headline for subsection (h) 

6 and inserting the following: 

7 ‘‘(h) CONTRACTS, COOPERATIVE AGREEMENTS, AND

8 AUDITS.—’’. 

9 (2) by striking the heading for paragraph (1) of 

10 subsection (h) and inserting the following: 

11 ‘‘(1) CONTRACTS AND COOPERATIVE AGREE12 MENTS.—’’. 

13 (3) by striking ‘‘make contracts’’ in subsection 

14 (h)(1) and inserting ‘‘make contracts and cooperative 

15 agreements’’ 

16 (4) by striking ‘‘section and’’ in subsection 

17 (h)(1)(A) and inserting ‘‘section,’’; 

18 (5) by striking ‘‘title 46;’’ in subsection (h)(1)(A) 

19 and insert ‘‘title 46, and all other Maritime Adminis20 tration programs;’’; and 

21 (6) by redesignating subsection (i) as subsection 

22 (j) and inserting after subsection (h) the following: 

23 ‘‘(i) GRANT ADMINISTRATIVE EXPENSES.—Except as 

24 otherwise provided by law, the administrative and related 

25 expenses for the administration of any grant programs by 

26 the Maritime Administrator may not exceed 3 percent..’’. 
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1 SEC. 6003. USE OF FUNDING FOR DOT MARITIME HERITAGE 

2 PROPERTY. 

3 Section 6(a)(1) of the National Maritime Heritage Act 

4 of 1994 (16 U.S.C. 5405(a)(1)) is amended by striking sub5 paragraph (C) and inserting the following: 

6 ‘‘(C) The remainder, whether collected before 

7 or after the date of enactment of the Maritime 

8 Administration Authorization Act of 2010, shall 

9 be available to the Secretary to carry out the 

10 Program, as provided in subsection (b) of this 

11 section or, if otherwise determined by the Mari12 time Administrator, for use in the preservation 

13 and presentation to the public of maritime herit14 age property of the Maritime Administration.’’. 

15 SEC. 6004. LIQUIDATION OF UNUSED LEAVE BALANCE AT 

16 THE MERCHANT MARINE ACADEMY. 

17 The Maritime Administration may use appropriated 

18 funds to make a lump-sum payment at a rate of pay that 

19 existed on the date of termination or day before conversion 

20 to the Civil Service for any unused annual leave accrued 

21 by a non-appropriated fund instrumentality employee who 

22 was terminated if determined ineligible for conversion, or 

23 converted to the Civil Service as a United States Merchant 

24 Marine Academy employee during fiscal year 2009. 
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1 SEC. 6005. PERMANENT AUTHORITY TO HIRE ADJUNCT 

2 PROFESSORS AT THE MERCHANT MARINE 

3 ACADEMY. 

4 (a) IN GENERAL.—Chapter 513 of title 46, United 

5 States Code, is amended by adding at the end thereof the 

6 following: 

7 ‘‘§ 51317. Adjunct professors 

8 ‘‘(a) IN GENERAL.—The Maritime Administrator 

9 may, subject to the availability of appropriations, contract 

10 with individuals as personal services contractors to provide 

11 services as adjunct professors at the United States Merchant 

12 Marine Academy, if the Maritime Administrator deter13 mines that there is a need for adjunct professors and the 

14 need is not of permanent duration.’’. 

15 (b) CONTRACT REQUIREMENTS.—Each contract under 

16 this section— 

17 ‘‘(1) shall be approved by the Maritime Adminis18 trator; and 

19 ‘‘(1) shall be for a duration, including options, 

20 of not to exceed one year unless the Maritime Admin21 istration finds that exceptional circumstances justify 

22 an extension, which may not exceed one additional 

23 year. 

24 ‘‘(c) LIMITATION ON NUMBER OF CONTRACTORS.—In 

25 awarding contracts under this section, the Maritime Ad26 ministrator shall ensure that not more than 25 individuals 
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1 actively provide services in any one academic trimester, or 

2 equivalent, as contractors under subsection (a). 

3 ‘‘(d) EXISTING CONTRACTS.—Any contract entered 

4 into before the date of enactment of the Maritime Adminis5 tration Authorization Act of 2010 for the services of an ad6 junct professor at the Academy shall remain in effect for 

7 the trimester (or trimesters) for which the services were con8 tracted.’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) The table of contents for chapter 513 of title 

11 46, United States Code, is amended by adding at the 

12 end thereof the following: 

‘‘51317. Adjunct professors.’’. 

13 (2) Section 3506 of the Duncan Hunter National 

14 Defense Authorization Act for Fiscal Year 2009 (46 

15 U.S.C. 53101 note) is repealed. 

16 SEC. 6006. USE OF MIDSHIPMAN FEES. 

17 Section 51314 of title 46, United States Code, is 

18 amended— 

19 (1) by striking ‘‘1994.’’ in subsection (b) and in20 serting ‘‘1994, or for calculators, computers, personal 

21 and academic supplies, midshipman services such as 

22 barber, tailor, or laundry services, and U.S. Coast 

23 Guard license fees.’’; and 

24 (2) by adding at the end thereof the following: 

25 ‘‘(c) USE AND ACCOUNTING.— 
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1 ‘‘(1) USE.—Midshipman fees collected by the 

2 Academy shall be credited to the Maritime Adminis3 tration’s Operations and Training appropriations, to 

4 remain available until expended, for those expenses 

5 directly related to the purposes of the fees. Fees col6 lected in excess of actual expenses may be returned to 

7 the midshipmen through a mechanism approved by 

8 the Maritime Administrator. 

9 ‘‘(3) ACCOUNTING.—The Maritime Administra10 tion shall maintain a separate and detailed account11 ing of fee revenue and all associated expenses.’’. 

12 SEC. 6007. CONSTRUCTION OF VESSELS IN THE UNITED 

13 STATES POLICY. 

14 Section 50101(a)(4) of title 46, United States Code, 

15 is amended by inserting ‘‘constructed in the United States 

16 after ‘‘vessels’’. 

17 SEC. 6008. PORT INFRASTRUCTURE DEVELOPMENT PRO18 GRAM. 

19 Section 50302 of title 46, United States Code, is 

20 amended by adding at the end thereof the following: 

21 ‘‘(c) PORT INFRASTRUCTURE DEVELOPMENT PRO22 GRAM.— 

23 ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Sec24 retary of Transportation, through the Maritime Ad25 ministration, shall establish a port infrastructure de-
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1 velopment program for the improvement of port fa2 cilities. 

3 ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.—In 

4 order to carry out any program established under 

5 paragraph (1), the Maritime Administrator may— 

6 ‘‘(A) receive funds provided for the program 

7 from non-Federal and private entities that have 

8 a specific agreement or contract with the Mari9 time Administration to further the purposes of 

10 this subsection; 

11 ‘‘(B) coordinate with other Federal agencies 

12 to expedite the process established under the Na13 tional Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.) for the improvement of port 

15 facilities to relieve port congestion, to increase 

16 port security, or to provide greater access to port 

17 facilities; 

18 ‘‘(C) seek to coordinate all reviews or re19 quirements with appropriate local, State, and 

20 Federal agencies; and 

21 ‘‘(D) provide such technical assistance to 

22 port authorities or commissions or their subdivi23 sions and agents as needed for project planning, 

24 design, and construction. 
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1 ‘‘(3) PORT INFRASTRUCTURE DEVELOPMENT

2 FUND.— 

3 ‘‘(A) ESTABLISHMENT.—There is a Port In4 frastructure Development Fund for use by the 

5 Administrator in carrying out the port infra6 structure development program. The Fund shall 

7 be available to the Administrator 

8 ‘‘(i) to administer and carry out the 

9 program; 

10 ‘‘(ii) to receive non-Federal and pri11 vate funds from entities which have specific 

12 agreements or contracts with the Adminis13 trator; and 

14 ‘‘(iii) to make refunds for projects that 

15 will not be completed. 

16 ‘‘(B) CREDITS.—There shall be deposited 

17 into the Fund 

18 ‘‘(i) funds from non-Federal and pri19 vate entities which have agreements or con20 tracts with the Administrator and which 

21 shall remain in the Fund until expended; 

22 and 

23 ‘‘(ii) such amounts as may be appro24 priated or transferred to the Fund under 

25 this subsection. 
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1 ‘‘(C) TRANSFERS.—Amounts appropriated 

2 or otherwise made available for any fiscal year 

3 for an intermodal or marine facility comprising 

4 a component of the program shall be transferred 

5 to the Fund and administered by the Adminis6 trator. 

7 ‘‘(D) ADMINISTRATIVE EXPENSES.—Admin8 istrative and related expenses for the program 

9 for any fiscal year may not exceed 3 percent of 

10 the amount available to the program for that fis11 cal year. 

12 ‘‘(E) AUTHORIZATION OF APPROPRIA13 TIONS.—There are authorized to be appropriated 

14 to the Fund such sums as may be necessary to 

15 carry out the program, taking into account 

16 amounts received under subparagraph (A)(ii)..’’. 

17 SEC. 6009. REEFS FOR MARINE LIFE CONSERVATION PRO18 GRAM. 

19 (a) IN GENERAL.—Section 3 of Public Law 92–09402 

20 (16 U.S.C. 1220) is amended by adding at the end thereof 

21 the following: 

22 ‘‘(d) Any territory, possession, or Commonwealth of 

23 the United States, and any foreign country, may apply to 

24 the Secretary for an obsolete vessel to be used for an artifi25 cial reef under this section. The application process and 
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1 reefing of any such obsolete vessel shall be performed in a 

2 manner consistent with the process jointly developed by the 

3 Secretary of Transportation and the Administrator of the 

4 Environmental Protection Agency under section 3504(b) of 

5 Public Law 107–09314 (16 U.S.C. 1220 note).’’. 

6 (b) LIMITATION.—Section 7 of Public Law 92–09402 

7 (16 U.S.C. 1220c–091) is amended by adding at the end 

8 thereof the following: 

9 ‘‘(d) LIMITATION.—The Secretary may not provide as10 sistance under this section to a foreign country to which 

11 an obsolete ship is transferred under this Act.’’. 

12 SEC. 6010. STUDENT INCENTIVE PAYMENT AGREEMENTS. 

13 Section 51509(b) of title 46, United States Code, is 

14 amended by striking ‘‘paid before the start of each academic 

15 year,’’ and inserting ‘‘paid,’’ 

16 SEC. 6011. UNITED STATES MERCHANT MARINE ACADEMY 

17 GRADUATE PROGRAM RECEIPT, DISBURSE18 MENT, AND ACCOUNTING FOR NON-APPRO19 PRIATED FUNDS. 

20 Section 51309(b) of title 46, United States Code, is 

21 amended by inserting after ‘‘body.’’ the following: ‘‘Non-ap22 propriated funds received for this purpose shall be credited 

23 to the Maritime Administration’s Operations and Training 

24 appropriation, to remain available until expended, for those 

25 expenses directly related to the purpose of such receipts. The 
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1 Superintendent shall maintain a separate and detailed ac2 counting of non-appropriated fund receipts and all associ3 ated expenses.’’. 

4 SEC. 6012. AMERICA’S SHORT SEA TRANSPORTATION 

5 GRANTS FOR THE DEVELOPMENT OF MARINE 

6 HIGHWAYS. 

7 (a) IN GENERAL.—Chapter 556 of title 46, United 

8 States Code, is amended by redesignating sections 55602 

9 through 55605 as sections 55603 through 55606 and by in10 serting after section 55601 the following: 

11 ‘‘§ 55602. Short sea transportation grant program’’. 

12 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

13 shall establish and implement a short sea transportation 

14 grant program. 

15 ‘‘(b) PURPOSE.—The purposes of the program are to 

16 make grants to States and other public entities and spon17 sors of short sea transportation projects designated by the 

18 Secretary— 

19 ‘‘(1) to facilitate and support marine transpor20 tation initiatives at the State and local levels to fa21 cilitate commerce, mitigate landside congestion, re22 duce the transportation energy consumption, reduce 

23 harmful emissions, improve safety, assist in environ24 mental mitigation efforts, and improve transportation 

25 system resiliency; and 
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1 ‘‘(2) to provide capital funding to address short 

2 sea transportation infrastructure and freight trans3 portation needs for ports, vessels, and intermodal 

4 cargo facilities. 

5 ‘‘(c) ELIGIBLE PROJECTS.—To be eligible for a grant 

6 under the program, a project— 

7 ‘‘(1) shall be designed to help relieve congestion, 

8 improve transportation safety, facilitate domestic and 

9 international trade, or encourage public-private part10 nerships; and 

11 ‘‘(2) may include development, modification, and 

12 construction of marine and intermodal cargo facili13 ties, vessels, port infrastructure and cargo handling 

14 equipment, and transfer facilities at ports. 

15 ‘‘(d) SELECTION PROCESS.— 

16 ‘‘(1) APPLICATIONS.—A State or other public en17 tity, or the sponsor of any short sea transportation 

18 project designated by the Secretary under the Amer19 ica’s Marine Highway Program (MARAD Docket No. 

20 2008–090096; 73 FR 59530), may submit an applica21 tion to Secretary for a grant under the short sea 

22 transportation grant program. The application shall 

23 contain such information and assurances as the Sec24 retary may require. 
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1 ‘‘(2) PRIORITY.—In selecting projects for grants, 

2 the Secretary shall give priority to projects that are 

3 consistent with the objectives of the short sea transpor4 tation initiative and America’s Marine Highway 

5 Program that will— 

6 ‘‘(A) mitigate landside congestion; 

7 ‘‘(B) provide the greatest public benefit in 

8 energy savings, reduced emissions, improved sys9 tem resiliency, and improved safety; 

10 ‘‘(C) include and demonstrate the greatest 

11 environmental responsibility; and 

12 ‘‘(D) provide savings as an alternative to or 

13 means to avoid highway or rail transportation 

14 infrastructure construction and maintenance. 

15 ‘‘(e) USE OF GRANT FUNDS.—Funds made available 

16 to a recipient of a grant under this section shall be used 

17 by the recipient for the project described in the application 

18 of the recipient approved by the Secretary.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents for 

20 chapter 556 of title 46, United States Code, is amended— 

21 (1) by redesignating the items relating to sec22 tions 55602 through 55605 as relating to section 

23 55603 through 55606; and 

24 (2) by inserting after the item relating to section 

25 55601 the following: 

‘‘55602. Short sea transportation grant program.’’. 
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1 SEC. 6013. EXPANSION OF THE MARINE VIEW SYSTEM. 

2 (a) DEFINITIONS.—In this section: 

3 (1) MARINE TRANSPORTATION SYSTEM.—The 

4 term ‘‘marine transportation system’’ means the navi5 gable water transportation system of the United 

6 States, including the vessels, ports (and intermodal 

7 connections thereto), and shipyards and other vessel 

8 repair facilities that are components of that system. 

9 (2) MARINE VIEW SYSTEM.—The term ‘‘Marine 

10 View system’’ means the information system of the 

11 Maritime Administration known as Marine View. 

12 (b) FINDINGS.—Congress finds the following: 

13 (1) Information regarding the marine transpor14 tation system is comprised of information from the 

15 Government of the United States and from commer16 cial sources. 

17 (2) Marine transportation system information 

18 includes information regarding waterways, bridges, 

19 locks, dams, and all intermodal components that are 

20 dependent on maritime transportation and accurate 

21 information regarding marine transportation is crit22 ical to the health of the United States economy. 

23 (3) Numerous challenges face the marine trans24 portation system, including projected growth in cargo 

25 volumes, international competition, complexity, co26 operation, and the need for improved efficiency. 
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1 (4) There are deficiencies in the current informa2 tion environment of the marine transportation sys3 tem, including the inability to model the entire ma4 rine transportation system to address capacity plan5 ning, disaster planning, and disaster recovery. 

6 (5) The current information environment of the 

7 marine transportation system contains multiple 

8 unique systems that are duplicative, not integrated, 

9 not able to be shared, not secure, or that have little 

10 structured privacy protections, not protected from loss 

11 or destruction, and will not be available when needed. 

12 (6) There is a lack of system-wide information 

13 views in the marine transportation system. 

14 (7) The Administrator of the Maritime Adminis15 tration is uniquely positioned to develop and execute 

16 the role of marine transportation system information 

17 advocate, to serve as the focal point for marine trans18 portation system information management, and to 

19 provide a robust information infrastructure to iden20 tify, collect, secure, protect, store, and deliver critical 

21 information regarding the marine transportation sys22 tem. 

23 (c) PURPOSES.—The purposes of this section are— 

24 (1) to expand the Marine View system; and 
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1 (2) to provide support for the strategic require2 ments of the marine transportation system and its 

3 contribution to the economic viability of the United 

4 States. 

5 (d) EXPANSION OF MARINE VIEW SYSTEM.—To ac6 complish the purposes of this section, the Secretary of 

7 Transportation shall expand the Marine View system so 

8 that such system is able to identify, collect, integrate, secure, 

9 protect, store, and securely distribute throughout the marine 

10 transportation system information that— 

11 (1) provides access to many disparate marine 

12 transportation system data sources; 

13 (2) enables a system-wide view of the marine 

14 transportation system; 

15 (3) fosters partnerships between the Government 

16 of the United States and private entities; 

17 (4) facilitates accurate and efficient modeling of 

18 the entire marine transportation system environment; 

19 (5) monitors and tracks threats to the marine 

20 transportation system, including areas of severe 

21 weather or reported piracy; and 

22 (6) provides vessel tracking and rerouting, as ap23 propriate, to ensure that the economic viability of the 

24 United States waterways is maintained. 
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1 (e) AGREEMENTS AND CONTRACTS.—The Adminis2 trator of the Maritime Administration may enter into coop3 erative agreements, partnerships, contracts, or other agree4 ments with industry or other Federal agencies to carry out 

5 this section. 

6 SEC. 6014. AUTHORIZATION OF APPROPRIATIONS FOR FIS7 CAL YEAR 2010. 

8 (a) IN GENERAL.—There are authorized to be appro9 priated to the Secretary of Transportation, for the use of 

10 the Maritime Administration, for fiscal year 2010 the fol11 lowing amounts: 

12 (1) For expenses necessary for operations and 

13 training activities, $122,900,000, of which— 

14 (2) For expenses to maintain and preserve a 

15 United States-flag merchant fleet to serve the national 

16 security needs of the United States under chapter 531 

17 of title 46, United States Code, $174,000,000. 

18 (3) For paying reimbursement under section 

19 3517 of the Maritime Security Act of 2003 (46 U.S.C. 

20 53101 note). 

21 (4) For expenses to dispose of obsolete vessels in 

22 the National Defense Reserve Fleet, including provi23 sion of assistance under section 7 of Public Law 92– 

24 09402, $15,000,000. 
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1 (5) For the cost (as defined in section 502(5) of 

2 the Federal Credit Reform Act of 1990 (2 U.S.C. 

3 661a(5))) of loan guarantees under the program au4 thorized by chapter 537 of title 46, United States 

5 Code, $48,000,000. 

6 (6) For administrative expenses related to the 

7 implementation of the loan guarantee program under 

8 chapter 537 of title 46, United States Code, adminis9 trative expenses related to implementation of the re10 imbursement program under section 3517 of the Mar11 itime Security Act of 2003 (46 U.S.C. 53101 note), 

12 and administrative expenses related to the implemen13 tation of the small shipyards and maritime commu14 nities assistance program under section 54101 of title 

15 46, United States Code, $4,000,000. 

16 (b) AVAILABILITY.—Amounts appropriated pursuant 

17 to subsection (a) shall remain available, as provided in ap18 propriations Acts, until expended. 

Attest: 

Secretary. 

111TH CONGRESS 

1ST SESSION H.R. 2647 

AMENDMENT