305 
Subtitle B—Space Activities 
SEC. 911. SUBMISSION AND REVIEW OF SPACE SCIENCE 
AND TECHNOLOGY STRATEGY. 
(a) STRATEGY.— 
(1) REQUIREMENTS.—Paragraph (2) of section 
2272(a) of title 10, United States Code, is amended 
by adding at the end the following new subparagraph: 
‘‘(D) The process for transitioning space science 
and technology programs to new or existing space ac-
quisition programs.’’. 
(2) SUBMISSION TO CONGRESS.—Paragraph (5) 
of such section is amended to read as follows: 
‘‘(5) The Secretary of Defense shall annually submit 
the strategy developed under paragraph (1) to the congres-
sional defense committees on the date on which the Presi-
dent submits to Congress the budget for the next fiscal year 
under section 1105 of title 31, United States Code.’’. 
(b) GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 
OF STRATEGY.— 
(1) REVIEW.—The Comptroller General shall re-
view and assess the first space science and technology 
strategy submitted under paragraph (5) of section 
2272(a) of title 10, United States Code, as amended 
by subsection (a)(2) of this section, and the effective-
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ness of the coordination process required under sec-
tion 2272(b) of such title. 
(2) REPORT.—Not later than 90 days after the 
date on which the Secretary of Defense submits the 
first space science and technology strategy required to 
be submitted under paragraph (5) of section 2272(a) 
of title 10, United States Code, as amended by sub-
section (a)(2) of this section, the Comptroller General 
shall submit to the congressional defense committees a 
report containing the findings and assessment under 
paragraph (1). 
SEC. 912. CONVERTING THE SPACE SURVEILLANCE NET-
WORK PILOT PROGRAM TO A PERMANENT 
PROGRAM. 
Section 2274 of title 10, United States Code, is amend-
ed— 
(1) in the heading, by striking ‘‘PILOT’’; 
(2) in subsection (a)— 
(A) in the heading, by striking ‘‘PILOT’’; 
and 
(B) by striking ‘‘a pilot program to deter-
mine the feasibility and desirability of pro-
viding’’ and inserting ‘‘a program to provide’’; 
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(3) in subsection (b) in the matter preceding 
paragraph (1), by striking ‘‘such a pilot program’’ 
and inserting ‘‘the program’’; 
(4) in subsection (c) in the matter preceding 
paragraph (1), by striking ‘‘pilot’’; 
(5) in subsection (d) in the matter preceding 
paragraph (1), by striking ‘‘pilot’’; 
(6) in subsection (h), by striking ‘‘pilot’’; and 
(7) by striking subsection (i). 
Subtitle C—Intelligence-Related 
Matters 
SEC. 921. PLAN TO ADDRESS FOREIGN BALLISTIC MISSILE 
INTELLIGENCE ANALYSIS. 
(a) ASSESSMENT AND PLAN.—The Secretary of De-
fense, in consultation with the Director of National Intel-
ligence, shall— 
(1) conduct an assessment of foreign ballistic 
missile intelligence gaps and shortfalls; and 
(2) develop a plan to ensure that the appropriate 
intelligence centers have sufficient analytical capabili-
ties to address such gaps and shortfalls. 
(b) REPORT.—Not later than February 28, 2010, the 
Secretary of Defense shall submit to the congressional de-
fense committees, the Permanent Select Committee on Intel-
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ligence of the House of Representatives, and the Select Com-
mittee on Intelligence of the Senate a report containing— 
(1) the results of the assessment conducted under 
subsection (a)(1); 
(2) the plan developed under subsection (a)(2); 
and 
(3) a description of the resources required to im-
plement such plan. 
(c) FORM.—The report under subsection (b) shall be 
submitted in unclassified form, but may contain a classified 
annex. 
Subtitle D—Other Matters 
SEC. 931. JOINT PROGRAM OFFICE FOR CYBER OPER-
ATIONS CAPABILITIES. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall establish a Joint Program Office for Cyber Oper-
ations Capabilities to assist the Under Secretary of Defense 
for Acquisition, Technology, and Logistics in improving the 
development of specific leap-ahead capabilities, including 
manpower development, tactics, and technologies, for the 
military departments, the Defense Agencies, and the com-
batant commands. 
(b) DIRECTOR.—The Joint Program Office for Cyber 
Operations Capabilities (in this section referred to as the 
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‘‘JPO–COC’’) shall be headed by a Director, who shall be 
appointed by the Secretary of Defense, in consultation with 
the Under Secretary of Defense for Acquisition, Technology, 
and Logistics, the Assistant Secretary of Defense for Net-
works and Information Integration, the Under Secretary of 
Defense for Intelligence, and the commander of United 
States Strategic Command. The Director shall be selected 
from among individuals with significant technical and 
management expertise in information technology system de-
velopment, and shall serve for three years. 
(c) SUPERVISION.—The Director shall report directly 
to the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics. The Assistant Secretary of Defense 
for Networks and Information Integration may provide pol-
icy guidance to the Director on issues within the Director’s 
areas of responsibilities. 
(d) RESPONSIBILITIES.—The JPO-COC shall be re-
sponsible for the following: 
(1) Coordinating cyber operations capabilities, 
both offensive and defensive, between the military de-
partments, Defense Agencies, and combatant com-
mands in order to identify and prioritize joint capa-
bility gaps. 
(2) Developing advanced, leap-ahead capabilities 
to address joint capability gaps. 
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(3) Establishing a nation level, joint, inter-
agency cyber exercise, similar to the exercise known 
as Eligible Receiver, that would occur at least bienni-
ally, and, to the extent possible, that would include 
participants from industry, critical infrastructure 
sector providers, international militaries, and non- 
governmental organizations. 
(4) Such other responsibilities as the Under Sec-
retary determines are appropriate. 
(e) ANNUAL REPORT.—By March 1 of each year, be-
ginning March 1, 2010, the Secretary of Defense shall sub-
mit to the congressional defense committees a report on all 
of the activities of the JPO-COC during the preceding year. 
SEC. 932. DEFENSE INTEGRATED MILITARY HUMAN RE-
SOURCES SYSTEM TRANSITION COUNCIL. 
(a) IN GENERAL.—The Secretary of Defense shall es-
tablish a Defense Integrated Military Human Resources 
System Transition Council (in this section referred to as 
the ‘‘Council’’) to provide advice to the Secretary of Defense 
and the Secretaries of the military departments on imple-
menting the defense integrated military human resources 
system (in this section referred to as the ‘‘DIMHRS’’) 
throughout the Department of Defense, including within 
each military department. 
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(b) COMPOSITION.—The Council shall include the fol-
lowing members: 
(1) The Chief Management Officer of the Depart-
ment of Defense. 
(2) The Director of the Business Transformation 
Agency. 
(3) One representative from each of the Army, 
Navy, Air Force, and Marine Corps who is a lieuten-
ant general or vice admiral. 
(4) One civilian employee of the National Guard 
Bureau who occupies a position of responsibility and 
receives compensation comparable to a lieutenant gen-
eral or vice admiral. 
(5) Such other individuals as may be designated 
by the Secretary of Defense. 
(c) MEETINGS.—The Council shall meet not less than 
once a quarter, or more often as specified by the Secretary 
of Defense. 
(d) DUTIES.—The Council shall have the following re-
sponsibilities: 
(1) 
Resolution 
of 
significant 
policy, 
pro-
grammatic, or budgetary issues impeding transition 
of DIMHRS to the military departments. 
(2) Coordination of implementation of DIMHRS 
within each military department to ensure interoper-
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ability between and among the Department of Defense 
as a whole and each military department. 
(3) Such other responsibilities as the Secretary of 
Defense determines are appropriate. 
(e) ANNUAL REPORT.— 
(1) IN GENERAL.—By March 1 of each year, be-
ginning March 1, 2010, and ending March 1, 2014, 
the Council shall submit to the congressional defense 
committees an annual report on the progress of 
DIMHRS transition. 
(2) The report shall include descriptions of the 
following: 
(A) The status of implementation of 
DIMHRS among the military departments. 
(B) A description of the testing and evalua-
tion activities of DIMHRS as implemented 
throughout the Department of Defense, as well as 
any such activities developed by the military de-
partments to extend DIMHRS to the depart-
ments. 
(C) Plans for the decommissioning of 
human resources systems within the Department 
of Defense and military department that are 
being replaced by DIMHRS, including— 
(i) systems to be phased out; and 
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(ii) plans for the remaining legacy sys-
tems to be phased out. 
(D) Funding and resources from the mili-
tary departments devoted to the development of 
department-specific plans to augment and extend 
the DIMHRS within each department. 
SEC. 933. DEPARTMENT OF DEFENSE SCHOOL OF NURSING 
REVISIONS. 
(a) SCHOOL OF NURSING.— 
(1) IN
GENERAL.—Chapter 108 of title 10, 
United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 2169. School of Nursing 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall 
establish within the Department of Defense a School of 
Nursing, not later than July 1, 2011. It shall be so orga-
nized as to graduate not less than 25 students with a bach-
elor of science in nursing in the first class not later than 
June 30, 2013, not less than 50 in the second class, and 
not less than 100 annually thereafter. 
‘‘(b) MINIMUM REQUIREMENT.—The School of Nursing 
shall include, at a minimum, a program that awards a 
bachelor of science in nursing. 
‘‘(c) PHASED DEVELOPMENT.—The development of the 
School of Nursing may be by such phases as the Secretary 
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may prescribe, subject to the requirements of subsection 
(a).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘2169. School of Nursing.’’. 
(b) CONFORMING AMENDMENTS.—Section 2117 of title 
10, United States Code, and the item relating to such sec-
tion in the table of chapters at the beginning of chapter 
104 of such title, are repealed. 
SEC. 934. REPORT ON SPECIAL OPERATIONS COMMAND OR-
GANIZATION, MANNING, AND MANAGEMENT. 
(a) REPORT REQUIRED.—The commander of the spe-
cial operations command shall prepare a report, in accord-
ance with this section, on the organization, manning, and 
management of the command. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A comparison of current and projected fiscal 
year 2010 military and civilian end strength levels at 
special operations command headquarters with fiscal 
year 2000 levels, both actual and authorized. 
(2) A comparison of fiscal year 2000 through 
2010 special operations command headquarters end 
strength growth with the growth of each special oper-
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315 
ations forces component command headquarters over 
the same time period, both actual and authorized. 
(3) A summary and assessment that identifies 
the resourcing, in terms of manning, training, equip-
ping, and funding, that special operations command 
provides to each of the theater special operations com-
mands under the geographical combatant commands 
and a summary of personnel specialties assigned to 
each such command. 
(4) Options and recommendations for reducing 
staffing levels at special operations command head-
quarters by 5 and 10 percent, respectively, and an as-
sessment of the opportunity costs and management 
risks associated with each option. 
(5) Recommendations for increasing manning 
levels, if appropriate, at each component command, 
and especially at Army special operations command. 
(6) A plan to sustain the cultural engagement 
group of special operations command central. 
(7) An assessment of the resourcing requirements 
to establish capability similar to the cultural engage-
ment group capability at the other theater special op-
erations command locations. 
(8) A review and assessment for improving the 
relationship between special operations command and 
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each of the theater special operations commands 
under the geographical combatant commands and the 
establishment of a more direct administrative and 
collaborative link between them. 
(9) A review and assessment of existing Depart-
ment of Defense executive agent support to special op-
erations command and its subordinate components, as 
well as commentary about proposals to use the same 
executive agent throughout the special operations com-
munity. 
(10) An updated assessment on the specific pro-
posal to provide executive agent support from the De-
fense Logistics Agency for special operations com-
mand. 
(11) A recommendation and plan for including 
international development and conflict prevention 
representatives as participants in the Center for Spe-
cial Operations Interagency Task Force process. 
(c) REPORT.—The report required by subsection (a) 
shall be submitted not later than March 15, 2010, to the 
congressional defense committees. 
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SEC. 935. STUDY ON THE RECRUITMENT, RETENTION, AND 
CAREER PROGRESSION OF UNIFORMED AND 
CIVILIAN MILITARY CYBER OPERATIONS PER-
SONNEL. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report as-
sessing the challenges to retention and professional develop-
ment of cyber operations personnel within the Department 
of Defense. 
(b) MATTERS TO BE ADDRESSED.—The assessment by 
the Secretary of Defense shall address the following matters: 
(1) The sufficiency of the numbers and types of 
personnel available for cyber operations, including an 
assessment of the balance between military and civil-
ian positions. 
(2) The definition and coherence of career fields 
for both members of the Armed Forces and civilian 
employees of the Department of Defense. 
(3) The types of recruitment and retention incen-
tives available to members of the Armed Forces and 
civilian employees of the Department of Defense. 
(4) Identification of legal, policy, or administra-
tive impediments to attracting and retaining cyber 
operations personnel. 
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(5) The standards used by the Department of De-
fense to measure effectiveness at recruiting, retaining, 
and ensuring an adequate career progression for cyber 
operations personnel. 
(6) The effectiveness of educational and outreach 
activities used to attract, retain, and reward cyber 
operations personnel, including how to expand out-
reach to academic institutions and improve coordina-
tion with other civilian agencies and industrial part-
ners. 
(7) The management of educational and outreach 
activities used to attract, retain, and reward cyber 
operations personnel, such as the National Centers of 
Academic Excellence in Information Assurance Edu-
cation. 
(c) CYBER OPERATIONS PERSONNEL DEFINED.—In 
this section, the term ‘‘cyber operations personnel’’ refers 
to members of the Armed Forces and civilian employees of 
the Department of Defense involved with the operations and 
maintenance of a computer network connected to the global 
information grid, as well as offensive, defensive, and exploi-
tation functions of such a network. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. General transfer authority. 
Sec. 1002. Incorporation of funding decisions into law. 
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Subtitle B—Counter-Drug and Counter-Terrorism Activities 
Sec. 1011. One-year extension of Department of Defense counter-drug authorities 
and requirements. 
Sec. 1012. Joint task forces support to law enforcement agencies conducting 
counter-terrorism activities. 
Sec. 1013. Border coordination centers in Afghanistan and Pakistan. 
Sec. 1014. Comptroller General report on effectiveness of accountability measures 
for assistance from counter-narcotics central transfer account. 
Subtitle C—Miscellaneous Authorities and Limitations 
Sec. 1021. Operational procedures for experimental military prototypes. 
Sec. 1022. Temporary reduction in minimum number of operational aircraft car-
riers. 
Sec. 1023. Limitation on use of funds for the transfer or release of individuals 
detained at United States Naval Station, Guantanamo Bay, 
Cuba. 
Sec. 1024. Charter for the National Reconnaissance Office. 
Subtitle D—Studies and Reports 
Sec. 1031. Report on statutory compliance of the report on the 2009 quadrennial 
defense review. 
Sec. 1032. Report on the force structure findings of the 2009 quadrennial defense 
review. 
Sec. 1033. Sense of Congress and amendment relating to quadrennial defense re-
view. 
Sec. 1034. Strategic review of basing plans for United States European Com-
mand. 
Sec. 1035. National Defense Panel. 
Sec. 1036. Report required on notification of detainees of rights under Miranda 
v. Arizona. 
Sec. 1037. Annual report on the electronic warfare strategy of the Department of 
Defense. 
Sec. 1038. Studies to analyze alternative models for acquisition and funding of 
technologies supporting network-centric operations. 
Subtitle E—Other Matters 
Sec. 1041. Prohibition relating to propaganda. 
Sec. 1042. Extension of certain authority for making rewards for combating ter-
rorism. 
Sec. 1043. Technical and clerical amendments. 
Sec. 1044. Repeal of pilot program on commercial fee-for-service air refueling 
support for the Air Force. 
Sec. 1045. Extension of sunset for congressional commission on the strategic pos-
ture of the United States. 
Sec. 1046. Authorization of appropriations for payments to Portuguese nationals 
employed by the Department of Defense. 
Sec. 1047. Combat air forces restructuring. 
Sec. 1048. Sense of Congress honoring the Honorable Ellen O. Tauscher. 
Sec. 1049. Sense of Congress concerning the disposition of Submarine NR-1. 
Sec. 1050. Compliance with requirement for plan on the disposition of detainees 
at Naval Station, Guantanamo Bay, Cuba. 
Sec. 1051. Sense of Congress regarding carrier air wing force structure. 
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Sec. 1052. Sense of Congress on Department of Defense financial improvement 
and audit readiness; plan. 
Sec. 1053. Justice for victims of torture and terrorism. 
Sec. 1054. Repeal of certain laws pertaining to the Joint Committee for the Re-
view of Counterproliferation Programs of the United States. 
Subtitle A—Financial Matters 
SEC. 1001. GENERAL TRANSFER AUTHORITY. 
(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 
(1) AUTHORITY.—Upon determination by the 
Secretary of Defense that such action is necessary in 
the national interest, the Secretary may transfer 
amounts of authorizations made available to the De-
partment of Defense in this division for fiscal year 
2010 between any such authorizations for that fiscal 
year (or any subdivisions thereof). Amounts of au-
thorizations so transferred shall be merged with and 
be available for the same purposes as the authoriza-
tion to which transferred. 
(2) LIMITATIONS.—Except as provided in para-
graphs (3) and (4), the total amount of authorizations 
that the Secretary may transfer under the authority 
of this section may not exceed $5,000,000,000. 
(3) EXCEPTION FOR TRANSFERS BETWEEN MILI-
TARY
PERSONNEL
AUTHORIZATIONS.—A transfer of 
funds between military personnel authorizations 
under title IV shall not be counted toward the dollar 
limitation in paragraph (2). 
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(4) EXCEPTION FOR TRANSFERS FOR HEALTH IN-
FORMATION MANAGEMENT AND INFORMATION TECH-
NOLOGY SYSTEMS.—A transfer of funds from the Of-
fice of the Secretary of Defense for the support of the 
Department of Defense Health Information Manage-
ment and Information Technology systems shall not 
be counted toward the dollar limitation in paragraph 
(2). 
(b) LIMITATIONS.—The authority provided by this sec-
tion to transfer authorizations— 
(1) may only be used to provide authority for 
items that have a higher priority than the items from 
which authority is transferred; and 
(2) may not be used to provide authority for an 
item that has been denied authorization by Congress. 
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans-
fer made from one account to another under the authority 
of this section shall be deemed to increase the amount au-
thorized for the account to which the amount is transferred 
by an amount equal to the amount transferred. 
(d) NOTICE
TO
CONGRESS.—The Secretary shall 
promptly notify Congress of each transfer made under sub-
section (a). 
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SEC. 1002. INCORPORATION OF FUNDING DECISIONS INTO 
LAW. 
(a) AMOUNTS SPECIFIED IN COMMITTEE REPORT ARE 
AUTHORIZED BY LAW.—Wherever a funding table in the 
report of the Committee on Armed Services of the House 
of Representatives to accompany the bill H.R. 2647 of the 
111th Congress specifies a dollar amount for a project, pro-
gram, or activity, the obligation and expenditure of the 
specified dollar amount for the indicated project, program, 
or activity is hereby authorized by law to be carried out 
to the same extent as if included in the text of this Act, 
subject to the availability of appropriations. 
(b) MERIT-BASED DECISIONS.—Decisions by agency 
heads to commit, obligate, or expend funds with or to a 
specific entity on the basis of dollar amount authorized pur-
suant to subsection (a) shall be based on authorized, trans-
parent, statutory criteria, or merit-based selection proce-
dures in accordance with the requirements of sections 
2304(k) and 2374 of title 10, United States Code, and other 
applicable provisions of law. 
(c) RELATIONSHIP TO TRANSFER AND REPROGRAM-
MING AUTHORITY.—This section does not prevent an 
amount covered by this section from being transferred or 
reprogrammed under a transfer or reprogramming author-
ity provided by another provision of this Act or by other 
law. The transfer or reprogramming of an amount incor-
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porated into the Act by this section shall not count against 
a ceiling on such transfers or reprogrammings under section 
1001 of this Act or any other provision of law, unless such 
transfer or reprogramming would move funds between ap-
propriation accounts. 
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This sec-
tion applies to any classified annex to the report referred 
to in subsection (a). 
(e) ORAL AND WRITTEN COMMUNICATION.—No oral or 
written communication concerning any amount specified in 
the report referred to in subsection (a) shall supersede the 
requirements of this section. 
Subtitle B—Counter-Drug and 
Counter-Terrorism Activities 
SEC. 1011. ONE-YEAR EXTENSION OF DEPARTMENT OF DE-
FENSE COUNTER-DRUG AUTHORITIES AND 
REQUIREMENTS. 
(a) REPORTING REQUIREMENT ON EXPENDITURES TO 
SUPPORT FOREIGN COUNTER-DRUG ACTIVITIES.—Section 
1022(a) of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106–398; 114 Stat. 1654A–255), as most recently 
amended by section 1021 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4586), is further amended by strik-
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ing ‘‘April 15, 2006’’ and all that follows through ‘‘Feb-
ruary 15, 2009’’ and inserting ‘‘February 15, 2010’’. 
(b) 
UNIFIED
COUNTER-DRUG
AND 
COUNTERTERRORISM CAMPAIGN
IN COLOMBIA.—Section 
1021 of the Ronald W. Reagan National Defense Authoriza-
tion Act for Fiscal Year 2005 (Public Law 108–375; 118 
Stat. 2042), as most recently amended by section 1023 of 
the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 
is further amended— 
(1) in subsection (a), by striking ‘‘2009’’ and in-
serting ‘‘2010’’; and 
(2) in subsection (c), by striking ‘‘2009’’ and in-
serting ‘‘2010’’. 
(c) SUPPORT
FOR COUNTER-DRUG ACTIVITIES
OF 
CERTAIN FOREIGN GOVERNMENTS.—Section 1033(a)(2) of 
the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 111 Stat. 1881), as most recently 
amended by section 1024(a) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4587), is further amended by strik-
ing ‘‘2009’’ and inserting ‘‘2010’’. 
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SEC. 1012. JOINT TASK FORCES SUPPORT TO LAW EN-
FORCEMENT 
AGENCIES 
CONDUCTING 
COUNTER-TERRORISM ACTIVITIES. 
Section 1022(b) of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 
371 note), as most recently amended by section 1022 of the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4586), 
is further amended by striking ‘‘2009’’ and inserting 
‘‘2010’’. 
SEC. 1013. BORDER COORDINATION CENTERS IN AFGHANI-
STAN AND PAKISTAN. 
(a) PROHIBITION ON USE OF COUNTER-NARCOTIC AS-
SISTANCE FOR BORDER COORDINATION CENTERS.— 
(1) PROHIBITION.—Amounts available for drug 
interdiction and counter-drug activities of the De-
partment of Defense may not be expended for the con-
struction, expansion, repair, or operation and main-
tenance of any existing or proposed border coordina-
tion center. 
(2) RULE
OF
CONSTRUCTION.—Paragraph (1) 
does not prohibit or limit the use of other funds avail-
able to the Department of Defense to construct, ex-
pand, repair, or operate and maintain border coordi-
nation centers. 
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(b) LIMITATION ON ESTABLISHMENT OF ADDITIONAL 
CENTERS.—The Secretary of Defense may not authorize the 
establishment, or any construction in connection with the 
establishment, of a third border coordination center in the 
area of operations of Regional Command–East in the Is-
lamic Republic of Afghanistan until a border coordination 
center has been constructed, or is under construction, in ei-
ther— 
(1) the area of operations of Regional Com-
mand–South in the Islamic Republic of Afghanistan; 
or 
(2) Baluchistan in the Islamic Republic of Paki-
stan. 
(c) BORDER COORDINATION CENTER DEFINED.—In 
this section, the term ‘‘border coordination center’’ means 
multilateral military coordination and intelligence center 
that is located, or intended to be located, near the border 
between the Islamic Republic of Afghanistan and the Is-
lamic Republic of Pakistan. 
SEC. 1014. COMPTROLLER GENERAL REPORT ON EFFEC-
TIVENESS OF ACCOUNTABILITY MEASURES 
FOR 
ASSISTANCE 
FROM 
COUNTER-NAR-
COTICS CENTRAL TRANSFER ACCOUNT. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Comptroller 
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General shall submit to the congressional defense committees 
a report on the performance evaluation system used by the 
Secretary of Defense to assess the effectiveness of assistance 
provided for foreign nations to achieve the counter-narcotics 
objectives of the Department of Defense. The report shall be 
unclassified, but may contain a classified annex. 
(b) ELEMENTS.—The report required by subsection (a) 
shall contain the following: 
(1) A description of the performance evaluation 
system of the Department of Defense used to deter-
mine the efficiency and effectiveness of counter-nar-
cotics assistance provided by the Department of De-
fense to foreign nations. 
(2) An assessment of the ability of the perform-
ance evaluation system to accurately measure the effi-
ciency and effectiveness of such counter-narcotics as-
sistance. 
(3) Detailed recommendations on how to improve 
the capacity of the performance evaluation system for 
the counter-narcotics central transfer account. 
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Subtitle C—Miscellaneous 
Authorities and Limitations 
SEC. 
1021. 
OPERATIONAL 
PROCEDURES 
FOR 
EXPERI-
MENTAL MILITARY PROTOTYPES. 
(a) IN GENERAL.—For the purposes of conducting test 
and evaluation of experimental military prototypes, includ-
ing major systems, as defined in section 2302 of title 10, 
United States Code, that have been substantially modified 
for testing with the goal of developing new technology for 
increasing the capability, capacity, efficiency, or reliability 
of such systems, and for stimulating innovation in research 
and development to improve equipment or system capa-
bility, the senior military officer of each military service, 
in consultation with the senior acquisition executive of each 
military department, shall develop and prescribe guidance 
to enable an expedited process for the documentation and 
approval of deviations from standardized operating instruc-
tions and procedures for systems and equipment that have 
been substantially modified for the purpose of research, de-
velopment, or testing. The guidance shall— 
(1) provide for appropriate consideration of the 
safety of personnel conducting such tests and evalua-
tions; 
(2) ensure that, prior to the approval of any 
such deviation, sufficient engineering and risk man-
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329 
agement analysis has been completed by a competent 
technical authority to provide a reasonable basis for 
determining that the proposed deviation will not re-
sult in an unreasonable risk of liability to the United 
States; 
(3) provide full and fair opportunity for all con-
tractors, including non-traditional defense contrac-
tors, who have developed or proposed promising tech-
nologies, to test and evaluate experimental military 
prototypes in a manner that— 
(A) allows both the contractor and the mili-
tary service to assess the full potential of the 
technology prior to the establishment of a formal 
acquisition program; and 
(B) does not unduly restrict the operating 
envelope, environment, or conditions approved 
for use during test and evaluation on the basis 
of existing operating instructions and procedures 
developed for sustained operations of proven 
military hardware, but does ensure that devi-
ations from existing operating instructions and 
procedures have been subjected to appropriate 
technical review consistent with any modifica-
tions made to the system or equipment; and 
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(4) ensure that documentation and approval of 
such deviations— 
(A) can be accomplished in a transparent, 
cost-effective, and expeditious manner, generally 
within the period of performance of the contract 
for the development of the experimental military 
prototype; 
(B) address the use of a major system as an 
experimental military prototype by a contractor, 
and the conduct of test and evaluation of such 
system by the contractor; and 
(C) identify the scope of test and evaluation 
to be conducted under such deviation, the respon-
sibilities of the parties conducting the test and 
evaluation, including the assumption of liability, 
and the responsibility for disposal of the experi-
mental military prototype or, as appropriate, 
the return of a major system to its original con-
dition. 
(b) REPORT.—Not later than 12 months after the date 
of the enactment of this Act, the Secretary of each military 
department shall submit to the congressional defense com-
mittees a report documenting the guidance developed in ac-
cordance with subsection (a) and describing how such guid-
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ance fulfills the objectives under paragraphs (1) through (4) 
of such subsection. 
(c) ONE TIME AUTHORITY TO CONVEY.— 
(1) IN GENERAL.—In advance of the development 
of a process required by subsection (a), the Secretary 
of the Navy is authorized to convey, without consider-
ation, to Piasecki Aircraft Corporation of Essington, 
Pennsylvania (in this section referred to as ‘‘trans-
feree’’), all right, title, and interest of the United 
States, except as otherwise provided in this sub-
section, in and to Navy aircraft N40VT (Bureau 
Number 163283), also known as the X-49A aircraft, 
and associated components and test equipment, pre-
viously specified as Government furnished equipment 
in contract N00019-00-C-0284. The conveyance shall 
be made by means of a deed of gift 
(2) CONDITIONS.—The conveyance under para-
graph (1) may only be made under the following con-
ditions: 
(A) The aircraft shall be conveyed in its 
current, ‘‘as is’’ condition. 
(B) The Secretary is not required to repair 
or alter the condition of the aircraft before con-
veying ownership of the aircraft. 
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332 
(C) The conveyance shall be made at no cost 
to the United States. Any costs associated with 
the conveyance shall be borne by the transferee. 
(D) The Secretary may require such addi-
tional terms and conditions in connection with 
a conveyance under this section as the Secretary 
considers appropriate to protect the interests of 
the United States, except that such terms and 
conditions shall include, at a minimum— 
(i) a provision stipulating that the 
conveyance of the X-49A aircraft is for the 
sole purpose of further development, test, 
and evaluation of vectored thrust ducted 
propeller (VTDP) technology and that all 
items referenced in paragraph (1) will 
transfer back to the United States Navy, at 
no cost to the United States, in the event 
that the X-49A aircraft is utilized for any 
other purpose; and 
(ii) a provision providing the Govern-
ment the right to procure the vectored thrust 
ducted propeller (VTDP) technology dem-
onstrated under this program at a dis-
counted cost based on the value of the X-49A 
aircraft and associated equipment at the 
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time of transfer, with such valuation and 
terms determined by the Secretary. 
(E) Upon such conveyance, the United 
States shall not be liable for any death, injury, 
loss, or damage that results from the use of that 
aircraft by any person other than the United 
States. 
SEC. 1022. TEMPORARY REDUCTION IN MINIMUM NUMBER 
OF OPERATIONAL AIRCRAFT CARRIERS. 
(a) TEMPORARY WAIVER.—Notwithstanding section 
5062(b) of title 10, United States Code, during the period 
beginning on the date of the inactivation of the U.S.S. En-
terprise (CVN-65) scheduled, as of the date of the enactment 
of this Act, for fiscal year 2013 and ending on the date 
of the commissioning into active service of the U.S.S. Ger-
ald R. Ford (CVN-78), the number of operational aircraft 
carriers in the naval combat forces of the Navy may be 10. 
(b) EVALUATION AND REPORT.— 
(1) EVALUATION.—During the fiscal year 2012, 
the Chairman of the Joint Chiefs of Staff, in coordi-
nation with the commanders of the combatant com-
mands, shall evaluate the required postures and capa-
bilities of each of the combatant commands to assess 
the level of increased risk that could result due to a 
temporary reduction in the total number of oper-
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ational aircraft carriers following the inactivation of 
the U.S.S. Enterprise (CVN-65). 
(2) REPORT TO CONGRESS.—Together with the 
budget materials submitted to Congress by the Sec-
retary of Defense in support of the President’s budget 
for fiscal year 2013, the Secretary of Defense shall 
submit to the congressional defense committees a re-
port containing the findings of the evaluation con-
ducted pursuant to paragraph (1), and the basis for 
each such finding. 
SEC. 1023. LIMITATION ON USE OF FUNDS FOR THE TRANS-
FER OR RELEASE OF INDIVIDUALS DETAINED 
AT UNITED STATES NAVAL STATION, GUANTA-
NAMO BAY, CUBA. 
(a) IN GENERAL.—The Secretary of Defense may not 
use any of the amounts authorized to be appropriated in 
this Act or otherwise available to the Department of Defense 
for fiscal year 2010 or any subsequent fiscal year to release 
or transfer any individual described in subsection (d) to 
the United States, its territories, or possessions, until 120 
days after the President has submitted to the congressional 
defense committees the plan described in subsection (b). 
(b) PLAN REQUIRED.—The President shall submit to 
the congressional defense committees a plan on the disposi-
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tion of each individual described in subsection (d). Such 
plan shall include— 
(1) an assessment of the risk that the individual 
described in subsection (d) poses to the national secu-
rity of the United States, its territories, or posses-
sions; 
(2) a proposal for the disposition of each such 
individual; 
(3) a plan to mitigate any risks described in 
paragraph (1) should the proposed disposition re-
quired by paragraph (2) include the release or trans-
fer to the United States, its territories, or possessions 
of any such individual; and 
(4) a summary of the consultation required in 
subsection (c). 
(c) CONSULTATION REQUIRED.—The President shall 
consult with the chief executive of the State, the District 
of Columbia, or the territory or possession of the United 
States to which the disposition in subsection (b) includes 
a release or transfer to that State, District of Columbia, 
or territory or possession. 
(d) DETAINEES DESCRIBED.—An individual described 
in this subsection is any individual who is located at 
United States Naval Station, Guantanamo Bay, Cuba, as 
of the date of the enactment of this Act, who— 
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(1) is not a citizen of the United States; and 
(2) is— 
(A) in the custody or under the effective 
control of the Department of Defense, or 
(B) otherwise under detention at the United 
States Naval Station, Guantanamo Bay, Cuba. 
SEC. 1024. CHARTER FOR THE NATIONAL RECONNAISSANCE 
OFFICE. 
Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence and the 
Secretary of Defense shall jointly submit to the congres-
sional intelligence and defense committees a revised charter 
for the National Reconnaissance Office (hereinafter in this 
section referred to as the ‘‘NRO’’). The charter shall include 
the following: 
(1) The organizational and governance structure 
of the NRO. 
(2) The provision of NRO participation in the 
development and generation of requirements and ac-
quisition. 
(3) The scope of the capabilities of the NRO. 
(4) The roles and responsibilities of the NRO 
and the relationship of the NRO to other organiza-
tions and agencies in the intelligence and defense 
communities. 
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337 
Subtitle D—Studies and Reports 
SEC. 1031. REPORT ON STATUTORY COMPLIANCE OF THE 
REPORT ON THE 2009 QUADRENNIAL DE-
FENSE REVIEW. 
(a) COMPTROLLER GENERAL REPORT.—Not later than 
90 days after the Secretary of Defense releases the report 
on the 2009 quadrennial defense review, the Comptroller 
General shall submit to the congressional defense committees 
and to the Secretary of Defense a report on the degree to 
which the report on the 2009 quadrennial defense review 
complies with the requirements of subsection (d) of section 
118 of title 10, United States Code. 
(b) SECRETARY OF DEFENSE REPORT.—If the Comp-
troller General determines that the report on the 2009 quad-
rennial defense review deviates significantly from the re-
quirements of subsection (d) of section 118 of such title, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report addressing the areas of deviation 
not later than 30 days after the submission of the report 
by the Comptroller General required by paragraph (1). 
SEC. 1032. REPORT ON THE FORCE STRUCTURE FINDINGS 
OF THE 2009 QUADRENNIAL DEFENSE RE-
VIEW. 
(a) REPORT REQUIREMENT.—Concurrent with the de-
livery of the report on the 2009 quadrennial defense review 
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required by section 118 of title 10, United States Code, the 
Secretary of Defense shall submit to the congressional de-
fense committees a report with a classified annex con-
taining— 
(1) the analyses used to determine and support 
the findings on force structure required by such sec-
tion; and 
(2) a description of any changes from the pre-
vious quadrennial defense review to the minimum 
military requirements for major military capabilities. 
(b) MAJOR MILITARY CAPABILITIES DEFINED.—In 
this section, the term ‘‘major military capabilities’’ includes 
any capability the Secretary determines to be a major mili-
tary capability, any capability discussed in the report of 
the 2006 quadrennial defense review, and any capability 
described in paragraph (9) or (10) of section 118(d) of title 
10, United States Code. 
SEC. 1033. SENSE OF CONGRESS AND AMENDMENT RELAT-
ING TO QUADRENNIAL DEFENSE REVIEW. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the quadrennial defense review is a strategy process 
that necessarily produces budget plans; however, budget 
pressures should not determine or limit its outcomes. 
(b) RELATIONSHIP OF QDR TO BUDGET.—Section 
118(a) of title 10, United States Code, is amended— 
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(1) by inserting ‘‘(1)’’ before ‘‘The Secretary of 
Defense’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) The existence of the quadrennial defense review 
does not exempt the President or the Department of Defense 
from fulfilling its annual legal obligations to submit to Con-
gress a budget and all legally required supporting docu-
mentation.’’. 
SEC. 1034. STRATEGIC REVIEW OF BASING PLANS FOR 
UNITED STATES EUROPEAN COMMAND. 
(a) REPORT REQUIREMENT.—Concurrent with the de-
livery of the report on the 2009 quadrennial defense review 
required by section 118 of title 10, United States Code, the 
Secretary of Defense shall submit to the appropriate con-
gressional committees a report on the plan for basing of 
forces in the European theater, containing a description 
of— 
(1) how the plan supports the United States na-
tional security strategy; 
(2) how the plan satisfies the commitments un-
dertaken by the United States pursuant to Article 5 
of the North Atlantic Treaty, signed at Washington, 
District of Columbia, on April 4, 1949, and entered 
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into force on August 24, 1949 (63 Stat. 2241; TIAS 
1964); 
(3) how the plan addresses the current security 
environment in Europe, including United States par-
ticipation in theater cooperation activities; 
(4) how the plan contributes to peace and sta-
bility in Europe; and 
(5) the impact that a permanent change in the 
basing of a unit currently assigned to United States 
European Command would have on the matters de-
scribed in paragraphs (1) through (4). 
(b) NOTIFICATION REQUIREMENT.—The Secretary of 
Defense shall notify Congress at least 30 days before the 
permanent relocation of a unit stationed outside the conti-
nental United States as of the date of the enactment of this 
Act. 
(c) DEFINITIONS.—In this section: 
(1) UNIT.—The term ‘‘unit’’ has the meaning de-
termined by the Secretary of Defense for purposes of 
this section. 
(2) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional defense committees; 
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(B) the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs 
of the House of Representatives; and 
(C) the Select Committee on Intelligence of 
the Senate and the Permanent Select Committee 
on Intelligence of the House of Representatives. 
SEC. 1035. NATIONAL DEFENSE PANEL. 
(a) ESTABLISHMENT.—There is established a bipar-
tisan, independent panel to be known as the National De-
fense Panel (in this section referred to as the ‘‘Panel’’). The 
Panel shall have the duties set forth in this section. 
(b) MEMBERSHIP.—The Panel shall be composed of 
twelve members who are recognized experts in matters relat-
ing to the national security of the United States. The mem-
bers shall be appointed as follows: 
(1) Three by the chairman of the Committee on 
Armed Services of the House of Representatives. 
(2) Three by the chairman of the Committee on 
Armed Services of the Senate. 
(3) Two by the ranking member of the Com-
mittee on Armed Services of the House of Representa-
tives. 
(4) Two by the ranking member of the Com-
mittee on Armed Services of the Senate. 
(5) Two by the Secretary of Defense. 
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(c) CO-CHAIRS OF THE PANEL.—The chairman of the 
Committee on Armed Services of the House of Representa-
tives and the chairman of the Committee of Armed Services 
of the Senate shall each designate one of their appointees 
under subsection (b) to serve as co-chair of the panel. 
(d) PERIOD OF APPOINTMENT; VACANCIES.—Members 
shall be appointed for the life of the Panel. Any vacancy 
in the Panel shall be filled in the same manner as the origi-
nal appointment. 
(e) DUTIES.—The Panel shall— 
(1) review the national defense strategy, the na-
tional military strategy, the Secretary of Defense’s 
terms of reference, and any other materials providing 
the basis for, or substantial inputs to, the work of the 
Department of Defense on the 2009 quadrennial de-
fense review under section 118 of title 10, United 
States Code (in this subsection referred to as the 
‘‘2009 QDR’’), as well as the 2009 QDR itself; 
(2) conduct an assessment of the assumptions, 
strategy, findings, costs, and risks of the report of the 
2009 QDR, with particular attention paid to the 
risks described in that report; 
(3) submit to the congressional defense commit-
tees and the Secretary an independent assessment of 
a variety of possible force structures of the Armed 
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Forces, including the force structure identified in the 
report of the 2009 QDR, suitable to meet the require-
ments identified in the review required in paragraph 
(1); 
(4) to the extent practicable, estimate the fund-
ing required by fiscal year, in constant fiscal year 
2010 dollars, to organize, equip, and support the 
forces contemplated under the force structures assessed 
in the assessment under paragraph (3); and 
(5) provide to Congress and the Secretary of De-
fense, through the reports under subsection (g), any 
recommendations it considers appropriate for their 
consideration. 
(f) FIRST MEETING.— 
(1) The Panel shall hold its first meeting no 
later than 30 days after the date as of which all ap-
pointments to the Panel under paragraphs (1), (2), 
(3), and (4) of subsection (b) have been made. 
(2) If the Secretary of Defense has not made the 
Secretary’s appointments to the Panel under sub-
section (b)(5) by the date of the first meeting pursu-
ant to paragraph (1), the Panel shall convene with 
the remaining members. 
(g) REPORTS.— 
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(1) Not later than April 15, 2010, the Panel 
shall submit an interim report on its findings to the 
congressional defense committees and to the Secretary 
of Defense. 
(2) Not later than January 15, 2011, the Panel 
shall submit its final report, together with any rec-
ommendations, to the congressional defense commit-
tees and to the Secretary of Defense. 
(3) Not later than February 15, 2011, the Sec-
retary of Defense, after consultation with the Chair-
man of the Joint Chiefs of Staff, shall submit to the 
committees referred to in paragraph (2) the Sec-
retary’s comments on the Panel’s final report under 
that paragraph. 
(h) INFORMATION FROM FEDERAL AGENCIES.—The 
Panel may secure directly from the Department of Defense 
and any of its components such information as the Panel 
considers necessary to carry out its duties under this sec-
tion. The head of the department or agency concerned shall 
ensure that information requested by the Panel under this 
subsection is promptly provided. 
(i) FFRDC SUPPORT.—Upon the request of the co- 
chairs of the Panel, the Secretary of Defense shall make 
available to the Panel the services of any federally funded 
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research and development center that is covered by a spon-
soring agreement of the Department of Defense. 
(j) PERSONNEL MATTERS.—The Panel shall have the 
authorities provided in section 3161 of title 5, United States 
Code, and shall be subject to the conditions set forth in such 
section. 
(k) PAYMENT OF PANEL EXPENSES.—Funds for ac-
tivities of the Panel shall be provided from amounts avail-
able to the Department of Defense. 
(l) TERMINATION.—The Panel shall terminate 45 days 
after the date on which the Panel submits its final report 
under subsection (g)(2). 
SEC. 1036. REPORT REQUIRED ON NOTIFICATION OF DE-
TAINEES OF RIGHTS UNDER MIRANDA V. ARI-
ZONA. 
Not later than 30 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the con-
gressional defense committees a report on how the reading 
of rights under Miranda v. Arizona (384 U.S. 436 (1966)) 
to individuals detained by the United States in Afghanistan 
may affect— 
(1) the rules of engagement of the Armed Forces 
deployed in support of Operation Enduring Freedom; 
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(2) post-capture interrogations and intelligence- 
gathering activities conducted as part of Operation 
Enduring Freedom; 
(3) the overall counterinsurgency strategy and 
objectives of the United States for Operation Endur-
ing Freedom; 
(4) United States military operations and objec-
tives in Afghanistan; and 
(5) potential risks to members of the Armed 
Forces operating in Afghanistan. 
SEC. 1037. ANNUAL REPORT ON THE ELECTRONIC WARFARE 
STRATEGY OF THE DEPARTMENT OF DE-
FENSE. 
(a) ANNUAL REPORT REQUIRED.—At the same time 
as the President submits to Congress the budget under sec-
tion 1105(a) of title 31, United States Code, for fiscal year 
2011, and for each subsequent fiscal year, the Secretary of 
Defense, in coordination with the Chairman of the Joint 
Chiefs of Staff and the Secretary of each of the military 
departments, shall submit to the congressional defense com-
mittees an annual report on the electronic warfare strategy 
of the Department of Defense. 
(b) CONTENTS
OF REPORT.—Each report required 
under subsection (a) shall include each of the following: 
(1) A description and overview of— 
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(A) the Department of Defense’s electronic 
warfare strategy; 
(B) how such strategy supports the National 
Defense Strategy; and 
(C) the organizational structure assigned to 
oversee the development of the Department’s elec-
tronic warfare strategy, requirements, capabili-
ties, programs, and projects. 
(2) A list of all the electronic warfare acquisition 
programs and research and development projects of 
the Department of Defense and a description of how 
each program or project supports the Department’s 
electronic warfare strategy. 
(3) For each unclassified program or project on 
the list required by paragraph (2)— 
(A) the senior acquisition executive and or-
ganization responsible for oversight of the pro-
gram or project; 
(B) whether or not validated requirements 
exist for each program or project and, if such re-
quirements exist, the date on which the require-
ments were validated and by which organiza-
tional authority; 
(C) the total amount of funding appro-
priated, obligated, and forecasted by fiscal year 
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for the program or project, to include the pro-
gram element or procurement line number from 
which the program or project receives funding; 
(D) the development or procurement sched-
ule for the program or project; 
(E) an assessment of the cost, schedule, and 
performance of the program or project as it re-
lates to the program or project’s current program 
baseline and the original program baseline if 
such baselines are not the same; 
(F) the technology readiness level of each 
critical technology that is part of the program or 
project; 
(G) whether or not the program or project 
is redundant or overlaps with the efforts of an-
other military department; and 
(H) what capability gap the program or 
project is being developed or procured to fulfill. 
(4) A classified annex that contains the items de-
scribed in subparagraphs (A) through (H) for each 
classified program or project on the list required by 
paragraph (2). 
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349 
SEC. 1038. STUDIES TO ANALYZE ALTERNATIVE MODELS 
FOR ACQUISITION AND FUNDING OF TECH-
NOLOGIES SUPPORTING NETWORK-CENTRIC 
OPERATIONS. 
(a) STUDIES REQUIRED.— 
(1) INDEPENDENT
STUDY.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of Defense shall enter into a contract with 
an independent federally funded research and develop-
ment center to carry out a comprehensive study of 
policies, procedures, organization, and regulatory con-
straints affecting the acquisition of technologies sup-
porting network-centric operations. The contract shall 
be funded from amounts appropriated pursuant to an 
authorization of appropriations in this Act or other-
wise made available for fiscal year 2010 for operation 
and maintenance for Defense-wide activities. 
(2) JOINT CHIEFS OF STAFF STUDY.—The Chair-
man of the Joint Chiefs of Staff shall carry out a 
comprehensive study of the same subjects covered by 
paragraph (1). The study shall be independent of the 
study required by paragraph (1) and shall be carried 
out in conjunction with the military departments and 
in coordination with the Secretary of Defense. 
(b) MATTERS TO BE ADDRESSED.—Each study re-
quired by subsection (a) shall address the following matters: 
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(1) Development of a system for understanding 
the various foundational components that contribute 
to network-centric operations, such as data transport, 
processing, storage, data collection, and dissemination 
of information. 
(2) Determining how acquisition and funding 
programs that are in place as of the date of the enact-
ment of this Act relate to the system developed under 
paragraph (1). 
(3) Development of acquisition and funding 
models using the system developed under paragraph 
(1), including— 
(A) a model under which a joint entity 
independent of any military department (such 
as the Joint Staff) is established with responsi-
bility and control of all funding for the acquisi-
tion of technologies for network-centric oper-
ations, and with authority to oversee the incor-
poration of such technologies into the acquisition 
programs of the military departments; 
(B) a model under which an executive agent 
is established to manage and oversee the acquisi-
tion of technologies for network-centric oper-
ations, but would not have exclusive control of 
the funding for such programs; 
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351 
(C) a model under which the acquisition 
and funding programs that are in place as of the 
date of the enactment of this Act are maintained; 
and 
(D) any other model that the entity car-
rying out the study considers relevant. 
(4) An analysis of each of the models developed 
under paragraph (3) with respect to potential benefits 
in— 
(A) collecting, processing, and dissemi-
nating information; 
(B) network commonality; 
(C) common communications; 
(D) interoperability; 
(E) mission impact and success; and 
(F) cost effectiveness. 
(5) An evaluation of each of the models developed 
under paragraph (3) with respect to feasibility, in-
cluding identification of legal, policy, or regulatory 
barriers that may impede the implementation of such 
model. 
(c) REPORT REQUIRED.—Not later than September 
30, 2010, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the results of the 
studies required by subsection (a). The report shall include 
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352 
the findings and recommendations of the studies and any 
observations and comments that the Secretary considers ap-
propriate. 
(d) NETWORK-CENTRIC OPERATIONS DEFINED.—In 
this section, the term ‘‘network-centric operations’’ refers to 
the ability to exploit all human and technical elements of 
the Joint Force and mission partners through the full inte-
gration of collected information, awareness, knowledge, ex-
perience, and decision-making, enabled by secure access and 
distribution, all to achieve agility and effectiveness in a dis-
persed, decentralized, dynamic, or uncertain operational 
environment. 
Subtitle E—Other Matters 
SEC. 1041. PROHIBITION RELATING TO PROPAGANDA. 
(a) IN GENERAL.— 
(1) PROHIBITION.—Chapter 134 of title 10, 
United States Code, is amended by inserting after sec-
tion 2241 the following new section: 
‘‘§ 2241a. Prohibition on use of funds for publicity or 
propaganda purposes within the United 
States 
‘‘Funds available to the Department of Defense may 
not be obligated or expended for publicity or propaganda 
purposes within the United States not otherwise specifically 
authorized by law.’’. 
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353 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘2241a. Prohibition on use of funds for publicity or propaganda purposes within 
the United States.’’. 
(b) EFFECTIVE DATE.—Section 2241a of title 10, 
United States Code, as added by subsection (a), shall take 
effect on October 1, 2009, or the date of the enactment of 
this Act, whichever is later. 
SEC. 1042. EXTENSION OF CERTAIN AUTHORITY FOR MAK-
ING REWARDS FOR COMBATING TERRORISM. 
Section 127b(c)(3)(C) of title 10, United States Code, 
is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 
SEC. 1043. TECHNICAL AND CLERICAL AMENDMENTS. 
(a) TITLE 10, UNITED STATES CODE.—Title 10, 
United States Code, is amended as follows: 
(1) The heading of section 1567 is amended to 
read as follows: 
‘‘§ 1567. Duration of military protective orders’’. 
(2) The heading of section 1567a is amended to 
read as follows: 
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‘‘§ 1567a. Mandatory notification of issuance of mili-
tary protective order to civilian law en-
forcement’’. 
(3) Section 2306c(h) is amended by striking 
‘‘section 
2801(c)(2)’’ 
and 
inserting 
‘‘section 
2801(c)(4)’’. 
(4) Section 2667(g)(1) is amended by striking 
‘‘Secretary concerned concerned’’ and inserting ‘‘Sec-
retary concerned’’. 
(b) TITLE
37, UNITED
STATES
CODE.—Section 
308(a)(2)(A)(ii) of title 37, United States Code, is amended 
by striking the comma before the period at the end. 
(c) DUNCAN HUNTER NATIONAL DEFENSE AUTHOR-
IZATION ACT FOR FISCAL YEAR 2009.—Effective as of Octo-
ber 14, 2008, and as if included therein as enacted, the 
Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Public Law 110–417) is amended as fol-
lows: 
(1) Section 314(a) (122 Stat. 4410; 10 U.S.C. 
2710 note) is amended by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary of Defense’’. 
(2) Section 523(1) (122 Stat. 4446) is amended 
by striking ‘‘serving or’’ and inserting ‘‘serving in 
or’’. 
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(3) Section 616 (122 Stat. 4486) is amended by 
striking ‘‘of title’’ in subsections (b) and (c) and in-
serting ‘‘of such title’’. 
(4) Section 732(2) (122 Stat. 4511) is amended 
by striking ‘‘year.’’ and inserting ‘‘year’’. 
(5) Section 811(c)(6)(A)(iv)(I) (122 Stat.4524) 
is amended by striking ‘‘after of ‘the program’ ’’ and 
inserting ‘‘after ‘of the program’ ’’. 
(6) Section 813(d)(3) (122 Stat. 4527) is amend-
ed by striking ‘‘each of subsections (c)(2)(A) and 
(d)(2)’’ and inserting ‘‘subsection (c)(2)(A)’’. 
(7) Section 825(b) (122 Stat. 4534) is amended 
in the new item being added by inserting a period 
after ‘‘thereof’’. 
(8) Section 834(a)(2) (122 Stat. 4537) is amend-
ed by inserting ‘‘subchapter II of’’ before ‘‘chapter 
87’’. 
(9) Section 845(a) (122 Stat. 4541) is amend-
ed— 
(A) in paragraph (1), by striking ‘‘Sub-
chapter I’’ and inserting ‘‘Subchapter II’’; and 
(B) in paragraph (2), by striking ‘‘sub-
chapter I’’ and inserting ‘‘subchapter II’’. 
(10) Section 855 (122 Stat. 4545) is repealed. 
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(11) Section 921(1) (122 Stat. 4573) is amended 
by striking ‘‘subsections (f) and (g) as subsections (g) 
and (h)’’ and inserting ‘‘subsections (f), (g), and (h) 
as subsections (g), (h), and (i)’’. 
(12) Section 931(b)(5) (122 Stat. 4575) is 
amended— 
(A) by striking ‘‘Section 201(e)(2)’’ and in-
serting ‘‘Section 201(f)(2)(E)’’; and 
(B) by striking ‘‘(6 U.S.C. 121(e)(2))’’ and 
inserting ‘‘(6 U.S.C. 121(f)(2)(E))’’. 
(13) Section 932 (122 Stat. 4576) is repealed. 
(14) Section 1033(b) (122 Stat. 4593) is amend-
ed by striking ‘‘chapter 941’’ and inserting ‘‘chapter 
931’’. 
(15) Section 1059 (122 Stat. 4611) is amended 
by striking ‘‘Act of’’ and inserting ‘‘Act for’’. 
(16) Section 1061(b)(3) (122 Stat. 4613) is 
amended by striking ‘‘103’’ and inserting ‘‘188’’. 
(17) Section 1109 (122 Stat. 4618) is amended 
in subsection (e)(1) of the matter proposed to be 
added by striking ‘‘the date of the enactment of this 
Act’’ and inserting ‘‘October 14, 2008,’’. 
(18) Section 2104(b) (122 Stat. 4664) is amend-
ed in the matter preceding paragraph (1) by striking 
‘‘section 2401’’ and inserting ‘‘section 2101’’. 
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(19) Section 3508(b) (122 Stat. 4769) is amend-
ed to read as follows: 
‘‘(b) CONFORMING AMENDMENT.—The chapter 541 of 
title 46, United States Code, as inserted and amended by 
the amendments made by subparagraphs (A) through (D) 
of section 3523(a)(6) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
599), is repealed.’’. 
(20) Section 3511(d) (122 Stat. 4770) is amend-
ed by inserting before the period the following: ‘‘, and 
by striking ‘CALENDAR’ and inserting ‘FISCAL’ in the 
heading for paragraph (2)’’. 
SEC. 1044. REPEAL OF PILOT PROGRAM ON COMMERCIAL 
FEE-FOR-SERVICE AIR REFUELING SUPPORT 
FOR THE AIR FORCE. 
The National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110-181) is amended by striking 
section 1081. 
SEC. 1045. EXTENSION OF SUNSET FOR CONGRESSIONAL 
COMMISSION ON THE STRATEGIC POSTURE 
OF THE UNITED STATES. 
Section 1062 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
319) is amended— 
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(1) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; 
(2) in subsection (h), as redesignated by para-
graph (1) of this subsection, by striking ‘‘June 1, 
2009’’ and inserting ‘‘September 30, 2010’’; and 
(3) by inserting after subsection (e) the following 
new subsection (f): 
‘‘(f) FOLLOW-ON REPORT.—Not later than May 1, 
2010, the commission shall submit to the President, the Sec-
retary of Defense, the Secretary of Energy, the Secretary 
of State, the Committee on Armed Services of the Senate, 
the Committee on Foreign Relations of the Senate, the Com-
mittee on Armed Services of the House of Representatives, 
and the Committee on Foreign Affairs of the House of Rep-
resentatives a follow-on report to the report submitted under 
subsection (e). With respect to the matters described under 
subsection (c), the follow-on report shall include, at a min-
imum, the following: 
‘‘(1) A review of— 
‘‘(A) the nuclear posture review required by 
section 1070 of this Act; and 
‘‘(B) the Quadrennial Defense Review re-
quired to be submitted under section 118 of title 
10, United States Code. 
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‘‘(2) A review of legislative actions taken by the 
111th Congress.’’. 
SEC. 1046. AUTHORIZATION OF APPROPRIATIONS FOR PAY-
MENTS TO PORTUGUESE NATIONALS EM-
PLOYED BY THE DEPARTMENT OF DEFENSE. 
(a) AUTHORIZATION FOR PAYMENTS.—Subject to sub-
section (b), the Secretary of Defense may authorize pay-
ments to Portuguese nationals employed by the Department 
of Defense in Portugal, for the difference between— 
(1) the salary increases resulting from section 
8002 of the Department of Defense Appropriations 
Act, 2006 (Public Law 109–148; 119 Stat. 2697; 10 
U.S.C. 1584 note) and section 8002 of the Depart-
ment of Defense Appropriations Act, 2007 (Public 
Law 109–289; 120 Stat. 1271; 10 U.S.C. 1584 note); 
and 
(2) salary increases supported by the Depart-
ment of Defense Azores Foreign National wage sur-
veys for survey years 2006 and 2007. 
(b) LIMITATION.—The authority provided in sub-
section (a) may be exercised only if— 
(1) the wage survey methodology described in the 
United States—Portugal Agreement on Cooperation 
and Defense, with supplemental technical and labor 
agreements and exchange of notes, signed at Lisbon 
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on June 1, 1995, and entered into force on November 
21, 1995, is eliminated; and 
(2) the agreements and exchange of notes referred 
to in paragraph (1) and any implementing regula-
tions thereto are revised to provide that the obliga-
tions of the United States regarding annual pay in-
creases are subject to United States appropriation 
law governing the funding available for such in-
creases. 
(c) AUTHORIZATION
FOR APPROPRIATION.—Of the 
amounts authorized to be appropriated under title III, not 
less than $240,000 is authorized to be appropriated for fis-
cal year 2010 for the purpose of the payments authorized 
by subsection (a). 
SEC. 1047. COMBAT AIR FORCES RESTRUCTURING. 
(a) LIMITATIONS RELATING TO LEGACY AIRCRAFT.— 
Until the expiration of the 90-day period beginning on the 
date the Secretary of the Air Force submits a report in ac-
cordance with subsection (b), the following provisions 
apply: 
(1) PROHIBITION
ON
RETIREMENT
OF
AIR-
CRAFT.—The Secretary of the Air Force may not re-
tire any fighter aircraft pursuant to the Combat Air 
Forces restructuring plan announced by the Secretary 
on May 18, 2009. 
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361 
(2) PROHIBITION
ON
PERSONNEL
REASSIGN-
MENTS.—The Secretary of the Air Force may not re-
assign any Air Force personnel (whether on active 
duty or a member of a reserve component, including 
the National Guard) associated with such restruc-
turing plan. 
(3) REQUIREMENTS TO CONTINUE FUNDING.— 
(A) Of the funds authorized to be appro-
priated in title III of this Act for operations and 
maintenance for the Air Force, at least 
$344,600,000 shall be expended for continued op-
eration and maintenance of the 249 fighter air-
craft scheduled for retirement in fiscal year 2010 
pursuant to such restructuring plan. 
(B) Of the funds authorized to be appro-
priated in title I of this Act for procurement for 
the Air Force, at least $10,500,000 shall be 
available for obligation to provide for any modi-
fications necessary to sustain the 249 fighter air-
craft. 
(b) REPORT.—The report under subsection (a) shall be 
submitted to the Committees on Armed Services of the 
House of Representatives and the Senate and shall include 
the following information: 
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(1) A detailed plan of how the force structure 
and capability gaps resulting from the retirement ac-
tions will be addressed. 
(2) An explanation of the assessment conducted 
of the current threat environment and current capa-
bilities. 
(3) A description of the follow-on mission assign-
ments for each affected base. 
(4) An explanation of the criteria used for select-
ing the affected bases and the particular fighters cho-
sen for retirement. 
(5) A description of the environmental analyses 
being conducted. 
(6) An identification of the reassignment and 
manpower authorizations necessary for the Air Force 
personnel (both active duty and reserve component) 
affected by the retirements if such retirements are ac-
complished. 
(7) A description of the funding needed in fiscal 
years 2010 through 2015 to cover operation and 
maintenance costs, personnel, and aircraft procure-
ment, if the restructuring plan is not carried out. 
(8) An estimate of the cost avoidance should the 
restructuring plan more forward and a description of 
how such funds would be invested during the future- 
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years defense plan to ensure the remaining fighter 
force achieves the desired service life and is suffi-
ciently modernized to outpace the threat. 
(c) EXCEPTION FOR CERTAIN AIRCRAFT.—The prohi-
bition in subsection (a)(1) shall not apply to the five fighter 
aircraft scheduled for retirement in fiscal year 2010, as an-
nounced when the budget for fiscal year 2009 was submitted 
to Congress. 
SEC. 1048. SENSE OF CONGRESS HONORING THE HONOR-
ABLE ELLEN O. TAUSCHER. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In 1996, Representative Ellen O. Tauscher 
was elected to represent California’s 10th Congres-
sional district, which is located in the East Bay Area 
of northern California and consists of parts of Solano, 
Contra Costa, Alameda, and Sacramento counties. 
(2) Representative Tauscher also represents two 
of the Nation’s defense laboratories, Lawrence Liver-
more and the California campus of Sandia, as well 
as Travis Air Force Base, home of the 60th Air Mo-
bility Wing and the Camp Parks Army Reserve facil-
ity. 
(3) Prior to her service in Congress, Representa-
tive Tauscher worked in the private sector for 20 
years, 14 of which were on Wall Street. 
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(4) At age 25, Representative Tauscher became 
one of the first women, and the youngest at the time, 
to hold a seat on the New York Stock Exchange, and 
she later served as an officer of the American Stock 
Exchange. 
(5) Representative Tauscher moved to California 
in 1989 and shortly afterwards founded the first na-
tional research service to help parents verify the back-
ground of childcare workers while she sought quality 
childcare for her own daughter. 
(6) Subsequently, Representative Tauscher pub-
lished a book to help working parents make informed 
decisions about their own childcare needs. 
(7) Representative Tauscher is known by her col-
leagues in Congress as a leader on national security 
and nonproliferation issues. 
(8) During her tenure, she has introduced legis-
lation to increase and expand the Nation’s non-
proliferation programs, strengthen the Stockpile Stew-
ardship Program, and provide the Nation’s troops 
with the support and equipment they deserve. 
(9) In the 110th Congress, Representative 
Tauscher was appointed Chairman of the Strategic 
Forces Subcommittee of the Armed Services Com-
mittee of the House of Representatives, becoming only 
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the third woman in history to chair an Armed Serv-
ices subcommittee. 
(10) Representative Tauscher is also the first 
California Democrat to be elevated to an Armed Serv-
ices Subcommittee Chairmanship since 1992. 
(11) Representative Tauscher is currently serv-
ing her second term as the Chairman of the House 
New Democrat Coalition, and she was appointed by 
the Speaker of the House to serve as the Vice Chair 
for the Future Security and Defense Capabilities Sub-
committee of the Defense and Security Committee of 
NATO’s Parliamentary Assembly. 
(12) On May 5, 2009, the President nominated 
Representative Tauscher to serve as Under Secretary 
of State for Arms Control and International Security 
at the Department of State. 
(b) SENSE OF CONGRESS.—It is the Sense of Congress 
that the Honorable Ellen O. Tauscher, Representative from 
California, has served the House of Representatives and the 
American people selflessly and with distinction, and that 
she deserves the sincere and humble gratitude of Congress 
and the Nation. 
SEC. 1049. SENSE OF CONGRESS CONCERNING THE DIS-
POSITION OF SUBMARINE NR-1. 
(a) FINDINGS.—Congress makes the following findings: 
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(1) The Deep Submergence Vessel NR-1 (herein-
after in this section referred to as ‘‘NR-1’’) was built 
by the Electric Boat Company in Groton, Con-
necticut, entered service in 1969, and was the only 
nuclear-powered research submersible in the United 
States Navy. 
(2) NR-1 was assigned to Naval Submarine Base 
New London, located in Groton, Connecticut through-
out her entire service life. 
(3) NR-1 was inactivated in December 2008. 
(4) Due to the unique capabilities of NR-1, it 
conducted numerous missions of significant military 
and scientific value most notably in the fields of geo-
logical survey and oceanographic research. 
(5) In 1986, NR-1 played a key role in the 
search for and recovery of the Space Shuttle Chal-
lenger. 
(6) The mission of the Submarine Force Library 
and Museum in Groton, Connecticut, is to collect, 
preserve, and interpret the history of the United 
States Naval Submarine Force in order to honor vet-
erans and to educate naval personnel and the public 
in the heritage and traditions of the Submarine 
Force. 
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(7) NR-1 is a unique and irreplaceable part of 
the history of the Navy and the Submarine Force and 
an educational and historical asset that should be 
shared with the Nation and the world. 
(b) SENSE OF CONGRESS.—It is the Sense of Congress 
that— 
(1) NR-1 is a unique and irreplaceable part of 
the Nation’s history and as much of the vessel as pos-
sible should be preserved for the historical and edu-
cational benefit of all Americans at the Submarine 
Force Museum and Library in Groton, Connecticut; 
and 
(2) the Secretary of the Navy should ensure that 
as much of the vessel as possible, including unique 
components of on-board equipment and clearly rec-
ognizable sections of the hull and superstructure, to 
the full extent practicable, are made available for 
transfer to the Submarine Force Museum and Li-
brary. 
SEC. 1050. COMPLIANCE WITH REQUIREMENT FOR PLAN ON 
THE DISPOSITION OF DETAINEES AT NAVAL 
STATION, GUANTANAMO BAY, CUBA. 
The Secretary of Defense shall comply with the require-
ments of section 1023(b) of this Act, regarding the transfer 
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or release of the individuals detained at Naval Station, 
Guantanamo Bay, Cuba. 
SEC. 1051. SENSE OF CONGRESS REGARDING CARRIER AIR 
WING FORCE STRUCTURE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The requirement of section 5062(b) of title 
10, United States Code, for the Navy to maintain not 
less than 11 operational aircraft carriers, means that 
the naval combat forces of the Navy also include not 
less than 10 carrier air wings. 
(2) The Department of the Navy currently re-
quires a carrier air wing to include not less than 44 
strike fighter aircraft. 
(3) In spite of the potential warfighting benefits 
that may result in the deployment of fifth-generation 
strike fighter aircraft, for the foreseeable future the 
majority of the strike fighter aircraft assigned to a 
carrier air wing will not be fifth-generation assets. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) in addition to the forces described in section 
5062(b) of title 10, United States Code, the naval 
combat forces of the Navy should include not less than 
10 carrier air wings (even if the number of aircraft 
carriers is temporarily reduced) that are comprised 
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of, in addition to any other aircraft, not less than 44 
strike fighter aircraft; and 
(2) the Secretary of the Navy should take all ap-
propriate actions necessary to make resources avail-
able in order to include such number of strike fighter 
aircraft in each carrier air wing. 
SEC. 1052. SENSE OF CONGRESS ON DEPARTMENT OF DE-
FENSE FINANCIAL IMPROVEMENT AND AUDIT 
READINESS; PLAN. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Department of Defense is the largest 
agency in the Federal Government, owning 86 percent 
of the Government’s assets, estimated at $4.6 trillion. 
(2) It is essential that the Department maintain 
strong financial management and business systems 
that allow for comprehensive auditing, in order to im-
prove financial management government-wide and to 
achieve an opinion on the Federal Government’s con-
solidated financial statements. 
(3) Several major pieces of legislation, such as 
the Chief Financial Officers Act of 1990 (Public Law 
101–576) and the Federal Financial Management Im-
provement Act of 1996 (Public Law 104–208; 31 
U.S.C. 3512 note) have required published financial 
statement audits, reporting by auditors regarding 
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whether the Department’s financial management sys-
tems comply substantially with Federal accounting 
standards, and other measures intended to ensure fi-
nancial management systems of the Department pro-
vide accurate, reliable, and timely financial manage-
ment information. 
(4) Nevertheless, according to the January 2009 
update to the Government Accountability Office High 
Risk Series, to date, only ‘‘. . . the U.S. Army Corps 
of Engineers, Civil Works has achieved a clean audit 
opinion on its financial statements. None of the mili-
tary services have received favorable financial state-
ment audit opinions, and the Department has annu-
ally acknowledged that long-standing pervasive weak-
nesses in its business systems, processes, and controls 
have prevented auditors from determining the reli-
ability of reported financial statement information.’’ 
(5) In response to a congressional mandate, the 
Department issued its first biennial Financial Im-
provement and Audit Readiness Plan in December 
2005, to delineate its strategy for addressing financial 
management challenges and achieving clean audit 
opinions. This 2005 report projected that 69 percent 
of assets and 80 percent of liabilities would be ‘‘clean’’ 
by 2009, yet in the latest report in March 2009 the 
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Department projects it will achieve an unqualified 
audit on only 45 percent of its assets and liabilities 
by 2009. The Department of Defense is falling behind 
its original plan to achieve full compliance with the 
law by 2017. 
(6) Following the passage of the Sarbanes-Oxley 
Act of 2002 (Public Law 107–204), publicly traded 
corporations in the United States would face severe 
penalties for similar deficiencies in financial manage-
ment and accountability. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that it is no longer excusable to allow poor business systems, 
a deficiency of resource allocation, or a lack of commitment 
from senior Department of Defense leadership to foster 
waste or non-accountability to the United States taxpayer. 
It is the further sense of Congress that the Secretary of De-
fense has not made compliance with financial management 
and audit readiness standards a top priority and should 
require, through the Chief Management Officer of the De-
partment of Defense, that each component of the Depart-
ment develop and implement a specific plan to become com-
pliant with the law well in advance of 2017. 
(c) PLAN.—In the next update of the Financial Im-
provement and Audit Readiness Plan, following the date 
of the enactment of this Act, the Secretary of Defense shall 
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outline a plan to achieve a full, unqualified audit of the 
Department of Defense by September 30, 2013. In the plan, 
the Secretary shall also identify a mechanism to conduct 
audits of the military intelligence programs and agencies 
and to submit audited financial statements for such agen-
cies to Congress in a classified manner. 
SEC. 1053. JUSTICE FOR VICTIMS OF TORTURE AND TER-
RORISM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) At the request of President George W. Bush, 
Congress permitted the President to waive applicable 
provisions of the National Defense Authorization Act 
for Fiscal Year 2008 with respect to judicially cog-
nizable claims of American victims of torture and 
hostage taking by the Government of Iraq. 
(2) In return, however, Congress requested the 
executive branch to resolve these claims through nego-
tiations with Iraq. 
(3) After considerable delay, officials of the De-
partment of State have informed Members of Congress 
that these negotiations are underway. 
(4) Congress appreciates the start of the negotia-
tions and will monitor the progress in the prompt 
and equitable resolution of these claims. 
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(5) Congress notes that the House of Representa-
tives in the 110th Congress unanimously adopted 
H.R. 5167, the Justice for Victims of Torture and 
Terrorism Act, which set forth an appropriate com-
promise of these claims. 
(6) In the interest of assisting the new demo-
cratic government of Iraq, H.R. 5167 offers a consid-
erable compromise to all parties involved by waiving 
all punitive damages awarded by the courts in these 
cases, as well as approximately two-thirds of compen-
satory damages awarded by the courts. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that as the negotiations to resolve the claims of American 
victims of torture and hostage taking by the Government 
of Iraq that are referred to in subsection (a)(1) proceed, 
Congress continues to view the provisions of H.R.5167 of 
the 110th Congress as representing a fair compromise of 
these claims. 
SEC. 1054. REPEAL OF CERTAIN LAWS PERTAINING TO THE 
JOINT COMMITTEE FOR THE REVIEW OF 
COUNTERPROLIFERATION 
PROGRAMS 
OF 
THE UNITED STATES. 
(a) JOINT
COMMITTEE
FOR
THE
REVIEW
OF 
COUNTERPROLIFERATION PROGRAMS.—Section 1605 of the 
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374 
National Defense Authorization Act for Fiscal Year 1994 
(Public Law 103–160; 22 U.S.C. 2751 note) is repealed. 
(b) BIENNIAL REPORT ON COUNTERPROLIFERATION 
ACTIVITIES AND PROGRAMS.—Section 1503 of the National 
Defense Authorization Act for Fiscal Year 1995 (Public 
Law 103–337; 22 U.S.C. 2751 note) is repealed. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. Authority to employ individuals completing the National Security 
Education Program. 
Sec. 1102. Authority for employment by Department of Defense of individuals 
who have successfully completed the requirements of the science, 
mathematics, and research for transformation (SMART) defense 
scholarship program. 
Sec. 1103. Authority for the employment of individuals who have successfully 
completed the Department of Defense information assurance 
scholarship program. 
Sec. 1104. Additional personnel authorities for the Special Inspector General for 
Afghanistan Reconstruction. 
Sec. 1105. One-year extension of authority to waive annual limitation on pre-
mium pay and aggregate limitation on pay for Federal civilian 
employees working overseas. 
Sec. 1106. Extension of certain benefits to Federal civilian employees on official 
duty in Pakistan. 
Sec. 1107. Authority to expand scope of provisions relating to unreduced com-
pensation for certain reemployed annuitants. 
Sec. 1108. Requirement for Department of Defense strategic workforce plans. 
Sec. 1109. Adjustments to limitations on personnel and requirement for annual 
manpower reporting. 
Sec. 1110. Modification to Department of Defense laboratory personnel authority. 
Sec. 1111. Pilot program for the temporary exchange of information technology 
personnel. 
Sec. 1112. Provisions relating to the National Security Personnel System. 
Sec. 1113. Provisions relating to the Defense Civilian Intelligence Personnel Sys-
tem. 
Sec. 1114. Sense of Congress on pay parity for Federal employees service at Joint 
Base McGuire/Dix/Lakehurst. 
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SEC. 1101. AUTHORITY TO EMPLOY INDIVIDUALS COM-
PLETING THE NATIONAL SECURITY EDU-
CATION PROGRAM. 
(a) AUTHORITY FOR EMPLOYMENT.—Section 802 of 
the David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1902) is amended by adding at the end 
the following new subsection: 
‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The 
Secretary of Defense, the head of an element of the intel-
ligence community, the Secretary of Homeland Security, 
the Secretary of State, or the head of a Federal agency or 
office identified by the Secretary of Defense under sub-
section (g) as having national security responsibilities— 
‘‘(1) may, without regard to any provision of 
title 5 governing appointment of employees to posi-
tions in the Department of Defense, an element of the 
intelligence community, the Department of Homeland 
Security, the Department of State, or such Federal 
agency or office, appoint to a position that is identi-
fied under subsection (b)(2)(A)(i) as having national 
security responsibilities, or to a position in such Fed-
eral agency or office, in the excepted service an indi-
vidual who has successfully completed an academic 
program for which a scholarship or fellowship under 
this section was awarded and who, under the terms 
of the agreement for such scholarship or fellowship, at 
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376 
the time of such appointment owes a service commit-
ment to such Department, such element, or such Fed-
eral agency or office; and 
‘‘(2) may, upon satisfactory completion of two 
years of substantially continuous service by an in-
cumbent who was appointed to an excepted service 
position under the authority of paragraph (1), con-
vert the appointment of such individual, without 
competition, to a career or career conditional ap-
pointment.’’. 
(b) TECHNICAL AMENDMENT.—Section 808 of such Act 
(50 U.S.C. 1908) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(6) The term ‘intelligence community’ has the 
meaning given the term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401a(4)).’’. 
SEC. 1102. AUTHORITY FOR EMPLOYMENT BY DEPARTMENT 
OF DEFENSE OF INDIVIDUALS WHO HAVE 
SUCCESSFULLY COMPLETED THE REQUIRE-
MENTS OF THE SCIENCE, MATHEMATICS, AND 
RESEARCH FOR TRANSFORMATION (SMART) 
DEFENSE SCHOLARSHIP PROGRAM. 
(a) AUTHORITY FOR EMPLOYMENT.—Subsection (d) of 
section 2192a of title 10, United States Code, is amended 
to read as follows: 
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‘‘(d) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The 
Secretary of Defense— 
‘‘(1) may, without regard to any provision of 
title 5 governing appointment of employees to posi-
tions in the Department of Defense, appoint to a posi-
tion in the Department of Defense in the excepted 
service an individual who has successfully completed 
an academic program for which a scholarship or fel-
lowship under this section was awarded and who, 
under the terms of the agreement for such scholarship 
or fellowship, at the time of such appointment owes 
a service commitment to the Department; and 
‘‘(2) may, upon satisfactory completion of two 
years of substantially continuous service by an in-
cumbent who was appointed to an excepted service 
position under the authority of paragraph (1), con-
vert the appointment of such individual, without 
competition, to a career or career conditional ap-
pointment.’’. 
(b) CONFORMING AMENDMENT.—Subsection (c)(2) of 
such section is amended by striking ‘‘Except as provided 
in subsection (d), the’’ in the second sentence and inserting 
‘‘The’’. 
(c) TECHNICAL AMENDMENTS.—Subsection (f) of such 
section is amended— 
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(1) by striking the first sentence; and 
(2) by striking ‘‘the authorities provided in such 
chapter’’ and inserting ‘‘the other authorities provided 
in this chapter’’. 
(d) REPEAL OF OBSOLETE PROVISION.—Such section 
is further amended by striking subsection (g). 
SEC. 1103. AUTHORITY FOR THE EMPLOYMENT OF INDIVID-
UALS WHO HAVE SUCCESSFULLY COMPLETED 
THE DEPARTMENT OF DEFENSE INFORMA-
TION ASSURANCE SCHOLARSHIP PROGRAM. 
Section 2200a of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(g) EMPLOYMENT OF PROGRAM PARTICIPANTS.—The 
Secretary of Defense— 
‘‘(1) may, without regard to any provision of 
title 5 governing appointments in the competitive 
service, appoint to an information technology position 
in the Department of Defense in the excepted service 
an individual who has successfully completed an aca-
demic program for which a scholarship under this 
section was awarded and who, under the terms of the 
agreement for such scholarship, at the time of such 
appointment owes a service commitment to the De-
partment; and 
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‘‘(2) may, upon satisfactory completion of two 
years of substantially continuous service by an in-
cumbent who was appointed to an excepted service 
position under the authority of paragraph (1), con-
vert the appointment of such individual, without 
competition, to a career or career conditional ap-
pointment.’’. 
SEC. 1104. ADDITIONAL PERSONNEL AUTHORITIES FOR 
THE SPECIAL INSPECTOR GENERAL FOR AF-
GHANISTAN RECONSTRUCTION. 
Section 1229(h) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
381) is amended by striking paragraph (1) and inserting 
the following: 
‘‘(1) PERSONNEL.— 
‘‘(A) IN GENERAL.—The Inspector General 
may select, appoint, and employ such officers 
and employees as may be necessary for carrying 
out the duties of the Inspector General, subject to 
the provisions of title 5, United States Code, gov-
erning appointments in the competitive service, 
and the provisions of chapter 51 and subchapter 
III of chapter 53 of such title, relating to classi-
fication and General Schedule pay rates. 
‘‘(B) ADDITIONAL AUTHORITIES.— 
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380 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), the Inspector General may exercise the 
authorities of subsections (b) through (i) of 
section 3161 of title 5, United States Code 
(without regard to subsection (a) of that sec-
tion). 
‘‘(ii) PERIODS OF APPOINTMENTS.—In 
exercising the employment authorities under 
subsection (b) of section 3161 of title 5, 
United States Code, as provided under 
clause (i) of this subparagraph— 
‘‘(I) paragraph (2) of that sub-
section (relating to periods of appoint-
ments) shall not apply; and 
‘‘(II) no period of appointment 
may exceed the date on which the Of-
fice of the Special Inspector General 
for Afghanistan Reconstruction termi-
nates under subsection (o).’’. 
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381 
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
ANNUAL LIMITATION ON PREMIUM PAY AND 
AGGREGATE LIMITATION ON PAY FOR FED-
ERAL CIVILIAN EMPLOYEES WORKING OVER-
SEAS. 
Subsection (a) of section 1101 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 
(Public Law 110–417; 122 Stat. 4615), is amended by strik-
ing ‘‘calendar year 2009’’ and inserting ‘‘calendar years 
2009 and 2010’’. 
SEC. 1106. EXTENSION OF CERTAIN BENEFITS TO FEDERAL 
CIVILIAN EMPLOYEES ON OFFICIAL DUTY IN 
PAKISTAN. 
Section 1603(a)(2) of the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, 
and Hurricane Recovery, 2006 (Public Law 109-234; 120 
Stat. 443), as amended by section 1102 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110-417;122 Stat. 4616), is amended by 
inserting ‘‘Pakistan or’’ after ‘‘is on official duty in’’. 
SEC. 1107. AUTHORITY TO EXPAND SCOPE OF PROVISIONS 
RELATING TO UNREDUCED COMPENSATION 
FOR CERTAIN REEMPLOYED ANNUITANTS. 
(a) IN GENERAL.—Section 9902(h) of title 5, United 
States Code, is amended— 
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(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) Benefits similar to those provided by para-
graphs (1) and (2) may be extended, in accordance 
with regulations prescribed by the President, so as to 
be made available with respect to reemployed annu-
itants within the Department of Defense who are sub-
ject to such other retirement systems for Government 
employees as may be provided for under such regula-
tions.’’. 
(b) CONFORMING AMENDMENT.—Paragraph (4) of sec-
tion 9902(h) of such title 5 (as so designated by subsection 
(a)(1)) is amended by striking the period and inserting ‘‘, 
excluding paragraph (3).’’. 
SEC. 1108. REQUIREMENT FOR DEPARTMENT OF DEFENSE 
STRATEGIC WORKFORCE PLANS. 
(a) CODIFICATION OF REQUIREMENT FOR STRATEGIC 
WORKFORCE PLAN.— 
(1) IN GENERAL.—Chapter 2 of title 10, United 
States Code, is amended by adding after section 115a 
the following new section: 
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‘‘§ 115b. Annual strategic workforce plan 
‘‘(a) ANNUAL PLAN REQUIRED.—(1) The Secretary of 
Defense shall submit to the congressional defense committees 
on an annual basis a strategic workforce plan to shape and 
improve the civilian employee workforce of the Department 
of Defense. 
‘‘(2) The Under Secretary of Defense for Personnel and 
Readiness shall have overall responsibility for developing 
and implementing the strategic workforce plan, in consulta-
tion with the Under Secretary of Defense for Acquisition, 
Technology, and Logistics. 
‘‘(b) CONTENTS.—Each strategic workforce plan under 
subsection (a) shall include, at a minimum, the following: 
‘‘(1) An assessment of— 
‘‘(A) the critical skills and competencies 
that will be needed in the future within the civil-
ian employee workforce by the Department of 
Defense to support national security require-
ments and effectively manage the Department 
during the seven-year period following the year 
in which the plan is submitted; 
‘‘(B) the appropriate mix of military, civil-
ian, and contractor personnel capabilities; 
‘‘(C) the critical skills and competencies of 
the existing civilian employee workforce of the 
Department and projected trends in that work-
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384 
force based on expected losses due to retirement 
and other attrition; and 
‘‘(D) gaps in the existing or projected civil-
ian employee workforce of the Department that 
should be addressed to ensure that the Depart-
ment has continued access to the critical skills 
and competencies described in subparagraphs 
(A) and (C). 
‘‘(2) A plan of action for developing and reshap-
ing the civilian employee workforce of the Department 
to address the gaps in critical skills and competencies 
identified under paragraph (1)(D), including— 
‘‘(A) specific recruiting and retention goals, 
especially in areas identified as critical skills 
and competencies under paragraph (1), includ-
ing the program objectives of the Department to 
be achieved through such goals and the funding 
needed to achieve such goals; 
‘‘(B) specific strategies for developing, 
training, deploying, compensating, and moti-
vating the civilian employee workforce of the De-
partment, including the program objectives of the 
Department to be achieved through such strate-
gies and the funding needed to implement such 
strategies; 
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385 
‘‘(C) any incentives necessary to attract or 
retain any civilian personnel possessing the 
skills and competencies identified in paragraph 
(1); 
‘‘(D) any changes in the number of per-
sonnel authorized in any category of personnel 
listed in subsection (f)(1) or in the acquisition 
workforce that may be needed to address such 
gaps and effectively meet the needs of the Depart-
ment; 
‘‘(E) any changes in the rates or methods of 
pay for any category of personnel listed in sub-
section (f)(1) or in the acquisition workforce that 
may be needed to address inequities and ensure 
that the Department has full access to appro-
priately qualified personnel to address such gaps 
and meet the needs of the Department; and 
‘‘(F) any legislative changes that may be 
necessary to achieve the goals referred to in sub-
paragraph (A). 
‘‘(3) An assessment, using results-oriented per-
formance measures, of the progress of the Department 
in implementing the strategic workforce plan under 
this section during the previous year. 
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387 
Fund established under section 1705 of this title, 
along with a description of how such funding is 
being implemented and whether it is being fully 
used; and 
‘‘(ii) a description of any continuing short-
falls in funding available for the acquisition 
workforce. 
‘‘(e) SUBMITTALS BY SECRETARIES OF THE MILITARY 
DEPARTMENTS AND HEADS OF THE DEFENSE AGENCIES.— 
The Secretary of Defense shall require the Secretary of each 
military department and the head of each Defense Agency 
to submit a report to the Secretary addressing each of the 
matters described in this section. The Secretary of Defense 
shall establish a deadline for the submittal of reports under 
this subsection that enables the Secretary to consider the 
material submitted in a timely manner and incorporate 
such material, as appropriate, into the strategic workforce 
plan required by this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘senior management, functional, 
and technical workforce of the Department of Defense’ 
includes the following categories of Department of De-
fense civilian personnel: 
‘‘(A) Appointees in the Senior Executive 
Service under section 3131 of title 5. 
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‘‘(B) Persons serving in positions described 
in section 5376(a) of title 5. 
‘‘(C) Highly qualified experts appointed 
pursuant to section 9903 of title 5. 
‘‘(D) Scientists and engineers appointed 
pursuant to section 342(b) of the National De-
fense Authorization Act for Fiscal Year 1995 
(Public Law 103–337; 108 Stat. 2721), as 
amended by section 1114 of the Floyd D. Spence 
National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 
106-398 (114 Stat. 1654A-315)). 
‘‘(E) Scientists and engineers appointed 
pursuant to section 1101 of the Strom Thurmond 
National Defense Authorization Act for Fiscal 
Year 1999 (5 U.S.C. 3104 note). 
‘‘(F) Persons serving in the Defense Intel-
ligence Senior Executive Service under section 
1606 of this title. 
‘‘(G) Persons serving in Intelligence Senior 
Level positions under section 1607 of this title. 
‘‘(2) The term ‘acquisition workforce’ includes 
individuals designated under section 1721 as filling 
acquisition positions.’’. 
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389 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 2 of such title is 
amended by inserting after the item relating to sec-
tion 115a the following new item: 
‘‘115b. Annual strategic workforce plan.’’. 
(b) COMPTROLLER GENERAL REVIEW.—Not later than 
180 days after the date on which the Secretary of Defense 
submits to the congressional defense committees an annual 
strategic workforce plan under section 115b of title 10, 
United States Code (as added by subsection (a)), in each 
of 2009, 2010, 201, and 2012, the Comptroller General of 
the United States shall submit to the congressional defense 
committees a report on the plan so submitted. 
(c) CONFORMING REPEALS.—The following provisions 
are repealed: 
(1) Section 1122 of the National Defense Author-
ization Act for Fiscal Year 2006 (Public Law 109- 
163; 119 Stat. 3452; 10 U.S.C. note prec. 1580). 
(2) Section 1102 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 (Pub-
lic Law 109-364; 120 Stat. 2407). 
(3) Section 851 of the National Defense Author-
ization Act for Fiscal Year 2008 (Public Law 110- 
181; 122 Stat. 247; 10 U.S.C. note prec. 1580). 
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390 
SEC. 1109. ADJUSTMENTS TO LIMITATIONS ON PERSONNEL 
AND REQUIREMENT FOR ANNUAL MANPOWER 
REPORTING. 
(a) AMENDMENTS.—Section 1111 of the Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009 (Public Law 110–417; 122 Stat. 4619) is amended— 
(1) in paragraph (1) of subsection (b), by strik-
ing ‘‘requirements of—’’ and all that follows through 
the end of subparagraph (C) and inserting ‘‘the re-
quirements of section 115b of this title; or’’; 
(2) in paragraph (2) of subsection (b), by strik-
ing ‘‘purposes described in paragraphs (1) through 
(4) of subsection (c).’’ and inserting the following: 
‘‘any of the following purposes: 
‘‘(A) Performance of inherently govern-
mental functions. 
‘‘(B) Performance of work pursuant to sec-
tion 2463 of title 10, United States Code. 
‘‘(C) Ability to maintain sufficient organic 
expertise and technical capability. 
‘‘(D) Performance of work that, while the 
position may not exercise an inherently govern-
mental function, nevertheless should be performed 
only by officers or employees of the Federal Gov-
ernment or members of the Armed Forces because 
of the critical nature of the work.’’; and 
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391 
(3) by striking subsections (c) and (d). 
(b) CONSOLIDATED ANNUAL REPORT.— 
(1) INCLUSION IN ANNUAL DEFENSE MANPOWER 
REQUIREMENTS REPORT.—Section 115a of title 10, 
United States Code, is amended by inserting after 
subsection (e) the following new subsection: 
‘‘(f) The Secretary shall also include in each such re-
port the following information with respect to personnel as-
signed to or supporting major Department of Defense head-
quarters activities: 
‘‘(1) The military end strength and civilian full- 
time equivalents assigned to major Department of De-
fense headquarters activities for the preceding fiscal 
year and estimates of such numbers for the current 
fiscal year and the budget fiscal year. 
‘‘(2) A summary of the replacement during the 
preceding fiscal year of contract workyears providing 
support to major Department of Defense headquarters 
activities with military end strength or civilian full- 
time equivalents, including an estimate of the number 
of contract workyears associated with the replacement 
of contracts performing inherently governmental or 
exempt functions. 
‘‘(3) The plan for the continued review of con-
tract personnel supporting major Department of De-
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392 
fense headquarters activities for possible conversion to 
military or civilian performance in accordance with 
section 2463 of this title. 
‘‘(4) The amount of any adjustment in the limi-
tation on personnel made by the Secretary of Defense 
or the Secretary of a military department, and, for 
each adjustment made pursuant to section 1111(b)(2) 
of the Duncan Hunter National Defense Authoriza-
tion Act for Fiscal Year 2009 (10 U.S.C. 143 note), 
the purpose of the adjustment.’’ 
(2) TECHNICAL AMENDMENTS TO REFLECT NAME 
OF REPORT.— 
(A) Subsection (a) of section 115a of such 
title is amended by inserting ‘‘defense’’ before 
‘‘manpower requirements report.’’ 
(B)(i) The heading of such section is 
amended to read as follows: 
‘‘§ 115. Annual defense manpower requirements re-
port’’. 
(ii) The item relating to such section 
in the table of sections at the beginning of 
chapter 2 of such title is amended to read 
as follows: 
‘‘115a. Annual defense manpower requirements report.’’. 
(3) CONFORMING REPEAL.—Subsections (b) and 
(c) of section 901 of the National Defense Authoriza-
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393 
tion Act for Fiscal Year 2008 (Public Law 110–181; 
122 Stat. 272; 10 U.S.C. 221 note) are repealed. 
SEC. 1110. MODIFICATION TO DEPARTMENT OF DEFENSE 
LABORATORY PERSONNEL AUTHORITY. 
(a) ADDITIONAL SCIENCE AND TECHNOLOGY REINVEN-
TION LABORATORIES.— 
(1) DESIGNATION.—Each of the following is 
hereby designated as a Department of Defense science 
and technology reinvention laboratory (as described 
in section 342(b) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103-337; 
108 Stat. 2721): 
(A) The Tank and Automotive Research De-
velopment and Engineering Center. 
(B) The Armament Research Development 
and Engineering Center. 
(C) The Naval Air Warfare Center, Weap-
ons Division. 
(D) The Naval Air Warfare Center, Aircraft 
Division. 
(E) The Space and Naval Warfare Systems 
Center, Pacific. 
(F) The Space and Naval Warfare Systems 
Center, Atlantic. 
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394 
(2) CONVERSION
PROCEDURES.—The Secretary 
of Defense shall implement procedures to convert the 
civilian personnel of each facility identified in para-
graph (1) from their current personnel system to the 
personnel system under an appropriate demonstration 
project (as referred to in such section 342(b)). Any 
conversion under this paragraph— 
(A) shall not adversely affect any employee 
with respect to pay or any other term or condi-
tion of employment; 
(B) shall be consistent with the terms of any 
collective bargaining agreement which might 
apply; and 
(C) shall be completed within 18 months 
after the date of the enactment of this Act. 
(b) EXCLUSION FROM NATIONAL SECURITY PER-
SONNEL SYSTEM.— 
(1) IN GENERAL.—Section 9902(c)(2) of title 5, 
United States Code, is amended— 
(A) in subparagraph (I), by striking ‘‘and’’ 
after the semicolon; 
(B) in subparagraph (J), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding after subparagraph (J) the 
following: 
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395 
‘‘(K) the Tank and Automotive Research 
Development and Engineering Center; 
‘‘(L) the Armament Research Development 
and Engineering Center; 
‘‘(M) the Naval Air Warfare Center, Weap-
ons Division; 
‘‘(N) the Naval Air Warfare Center, Air-
craft Division; 
‘‘(O) the Space and Naval Warfare Systems 
Center, Pacific; and 
‘‘(P) the Space and Naval Warfare Systems 
Center, Atlantic.’’. 
(2) EXTENSION OF PERIOD OF EXCLUSION.—Sec-
tion 9902(c)(1) of title 5, United States Code, is 
amended by striking ‘‘2011’’ each place it appears 
and inserting ‘‘2014’’. 
SEC. 1111. PILOT PROGRAM FOR THE TEMPORARY EX-
CHANGE 
OF 
INFORMATION 
TECHNOLOGY 
PERSONNEL. 
(a) ASSIGNMENT AUTHORITY.—The Secretary of De-
fense may, with the agreement of the private sector organi-
zation concerned, arrange for the temporary assignment of 
an employee to such private sector organization, or from 
such private sector organization to a Department of Defense 
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396 
organization under this section. An employee shall be eligi-
ble for such an assignment only if— 
(1) the employee— 
(A) works in the field of information tech-
nology management; 
(B) is considered to be an exceptional em-
ployee; 
(C) is expected to assume increased infor-
mation technology management responsibilities 
in the future; and 
(D) is compensated at not less than the GS– 
11 level (or the equivalent); and 
(2) the proposed assignment meets applicable re-
quirements of section 209(b) of the E-Government Act 
of 2002 (44 U.S.C. 3501 note). 
(b) AGREEMENTS.—The Secretary of Defense shall pro-
vide for a written agreement between the Department of De-
fense and the employee concerned regarding the terms and 
conditions of the employee’s assignment under this section. 
The agreement— 
(1) shall require that Department of Defense em-
ployees, upon completion of the assignment, will serve 
in the civil service for a period equal to the length of 
the assignment; and 
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397 
(2) shall provide that if the Department of De-
fense or private sector employee fails to carry out the 
agreement, such employee shall be liable to the United 
States for payment of all expenses of the assignment, 
unless that failure was for good and sufficient reason 
(as determined by the Secretary of Defense). 
An amount for which an employee is liable under para-
graph (2) shall be treated as a debt due the United States. 
(c) TERMINATION.—An assignment under this section 
may, at any time and for any reason, be terminated by 
the Department of Defense or the private sector organiza-
tion concerned. 
(d) DURATION.—An assignment under this section 
shall be for a period of not less than 3 months and not 
more than 1 year, and may be extended in 3-month incre-
ments for a total of not more than 1 additional year; how-
ever, no assignment under this section may commence after 
September 30, 2013. 
(e) CONSIDERATIONS.—In carrying out this section, 
the Secretary of Defense— 
(1) shall ensure that, of the assignments made 
under this section each year, at least 20 percent are 
from small business concerns (as defined by section 
3703(e)(2)(A) of title 5, United States Code); and 
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398 
(2) shall take into consideration the question of 
how assignments under this section might best be used 
to help meet the needs of the Department of Defense 
with respect to the training of employees in informa-
tion technology management. 
(f) NUMERICAL LIMITATION.—In no event may more 
than 10 employees be participating in assignments under 
this section as of any given time. 
(g) REPORTING REQUIREMENT.—For each of fiscal 
years 2010 through 2015, the Secretary of Defense shall sub-
mit to the congressional defense committees, not later than 
1 month after the end of the fiscal year involved, a report 
on any activities carried out under this section during such 
fiscal year, including information concerning— 
(1) the respective organizations (as referred to in 
subsection (a)) to and from which any employee was 
assigned under this section; 
(2) the positions those employees held while they 
were so assigned; and 
(3) a description of the tasks they performed 
while they were so assigned. 
(h) REPEAL OF SUPERSEDED SECTION.—Section 1109 
of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110-181; 122 Stat. 358) is repealed, ex-
cept that— 
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399 
(1) nothing in this subsection shall, in the case 
of any assignment commencing under such section 
1109 on or before the date of the enactment of this 
Act, affect— 
(A) the duration of such assignment or the 
authority to extend such assignment in accord-
ance with subsection (d) of such section 1109, as 
last in effect; or 
(B) the terms or conditions of the agreement 
governing such assignment, including with re-
spect to any service obligation under subsection 
(b) thereof; and 
(2) any employee whose assignment is allowed to 
continue by virtue of paragraph (1) shall be taken 
into account for purposes of— 
(A) the numerical limitation under sub-
section (f); and 
(B) the reporting requirement under sub-
section (g). 
SEC. 1112. PROVISIONS RELATING TO THE NATIONAL SECU-
RITY PERSONNEL SYSTEM. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘National Security Personnel Sys-
tem’’ or ‘‘NSPS’’ refers to a human resources manage-
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400 
ment system established under authority of chapter 99 
of title 5, United States Code; and 
(2) the term ‘‘statutory pay sytem’’ means a pay 
system under— 
(A) subchapter III of chapter 53 of title 5, 
United States Code (relating to General Schedule 
pay rates); 
(B) subchapter IV of chapter 53 of title 5, 
United States Code (relating to prevailing rate 
systems); or 
(C) such other provisions of law as would 
apply if chapter 99 of title 5, United States 
Code, had never been enacted. 
(b) REQUIREMENT THAT ALL APPOINTMENTS MADE 
AFTER JUNE 16, 2009, BE SUBJECT TO THE APPROPRIATE 
STATUTORY PAY SYSTEM
AND NOT NSPS.—Notwith-
standing any other provision of law— 
(1) the National Security Personnel System— 
(A) shall not apply to any individual who 
is not subject to such System as of June 16, 
2009; and 
(B) shall not apply to any position which 
is not subject to such System as of June 16, 
2009; and 
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401 
(2) any individual who, after June 16, 2009, is 
appointed to any position within the Department of 
Defense shall accordingly be subject to the statutory 
pay system and all other aspects of the personnel sys-
tem which would otherwise apply (with respect to the 
individual or position involved) if the National Secu-
rity Personnel System had never been established. 
(c) TERMINATION OF NSPS AND CONVERSION OF ANY 
EMPLOYEES
AND POSITIONS REMAINING SUBJECT
TO 
NSPS.— 
(1) IN GENERAL.—The Secretary of Defense shall 
take all actions which may be necessary to provide, 
within 12 months after the date of enactment of this 
Act, for the termination of the National Security Per-
sonnel System and for the conversion of any employ-
ees and positions which, as of such date of enactment, 
remain subject to such System, to— 
(A) the statutory pay system and all other 
aspects of the personnel system that last applied 
to such employee or position (as the case may be) 
before the National Security Personnel System 
applied; or 
(B) if subparagraph (A) does not apply, the 
statutory pay system and all other aspects of the 
personnel system that would have applied if the 
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402 
National Security Personnel System had never 
been established. 
No employee shall suffer any loss of or decrease in 
pay because of the preceding sentence. 
(2) REPORT.—If the Secretary of Defense is of 
the view that the National Security Personnel System 
should not be terminated in accordance with para-
graph (1), the Secretary shall submit to the President 
and both Houses of Congress as soon as practicable, 
but in no event later than 6 months after the date of 
the enactment of this Act, a written report setting 
forth a statement of the Secretary’s views and the rea-
sons therefor. Such report shall specifically include— 
(A) the Secretary’s opinion as to whether 
the System should be continued with or without 
changes; and 
(B) if, in the opinion of the Secretary, the 
System should be continued with changes— 
(i) a detailed description of the pro-
posed changes; and 
(ii) a description of any administra-
tive action or legislation which may be nec-
essary. 
(d) RESTORATION OF FULL ANNUAL PAY ADJUST-
MENTS UNDER NSPS PENDING ITS TERMINATION.—Sec-
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403 
tion 9902(e)(7) of title 5, United States Code, is amended 
by striking ‘‘no less than 60 percent’’ and all that follows 
and inserting ‘‘the full amount of such adjustment.’’. 
SEC. 1113. PROVISIONS RELATING TO THE DEFENSE CIVIL-
IAN INTELLIGENCE PERSONNEL SYSTEM. 
(a) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘covered position’’ means a defense 
intelligence position in the Department of Defense es-
tablished under chapter 83 of title 10, United States 
Code, excluding an Intelligence Senior Level position 
designated under section 1607 of such title and any 
position in the Defense Intelligence Senior Executive 
Service; 
(2) the term ‘‘DCIPS pay system’’, as used with 
respect to a covered position, means the provisions of 
the Defense Civilian Intelligence Personnel System 
under which the rate of salary or basic pay for such 
position is determined, excluding any provisions re-
lating to bonuses, awards, or any other amounts not 
in the nature of salary or basic pay; 
(3) the term ‘‘Defense Civilian Intelligence Per-
sonnel System’’ means the personnel system estab-
lished under chapter 83 of title 10, United States 
Code; and 
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404 
(4) the term ‘‘appropriate pay system’’, as used 
with respect to a covered position, means— 
(A) the system under which, as of Sep-
tember 30, 2007, the rate of salary or basic pay 
for such position was determined; or 
(B) if subparagraph (A) does not apply, the 
system under which, as of September 30, 2007, 
the rate of salary or basic pay was determined 
for the positions within the Department of De-
fense most similar to the position involved, 
excluding any provisions relating to bonuses, awards, 
or any other amounts which are not in the nature of 
salary or basic pay. 
(b) REQUIREMENT THAT APPOINTMENTS TO COVERED 
POSITIONS AFTER JUNE 16, 2009, BE SUBJECT TO THE 
APPROPRIATE PAY SYSTEM.—Notwithstanding any other 
provision of law— 
(1) the DCIPS pay system— 
(A) shall not apply to any individual hold-
ing a covered position who is not subject to such 
system as of June 16, 2009; and 
(B) shall not apply to any covered position 
which is not subject to such system as of June 
16, 2009; and 
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