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sessment of the living standards of the construction 
workforce employed to carry out military construc-
tion projects covered by the report, including, at a 
minimum, the adequacy of contract standards and 
infrastructure that support temporary housing the 
construction workforce and their medical needs.’’. 
SEC. 2834. COMPOSITION OF WORKFORCE FOR CONSTRUC-
TION PROJECTS FUNDED THROUGH THE SUP-
PORT FOR UNITED STATES RELOCATION TO 
GUAM ACCOUNT. 
(a) COMPOSITION OF WORKFORCE.—Section 2824(c) 
of the Military Construction Authorization Act for Fiscal 
Year 2009 (division B of Public Law 110–417; 10 U.S.C. 
2687 note) is amended by inserting after paragraph (5), 
as added by section 2833, the following new paragraph: 
‘‘(6) COMPOSITION OF WORKFORCE FOR CON-
STRUCTION PROJECTS.— 
‘‘(A) PERCENTAGE LIMITATION.—With re-
spect to each construction project for which 
ground-breaking occurs before October 1, 2011, 
and that is carried out using amounts described 
in subparagraph (B), not more than 30 percent 
of the total hours worked per month on the 
construction project may be performed by per-
sons 
holding 
visas 
issued 
under 
section 
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101(a)(15)(H)(ii)(b) of the Immigration and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)). 
‘‘(B) SOURCE OF FUNDS.—Subparagraph 
(A) applies to— 
‘‘(i) amounts in the Account used for 
projects associated with the realignment of 
military installations and the relocation of 
military personnel on Guam; 
‘‘(ii) funds associated with activities 
under section 2821 of this Act; and 
‘‘(iii) funds for authorized military 
construction projects. 
‘‘(C) SOLICITATION
OF
WORKERS.—In 
order to ensure compliance with subparagraph 
(A), as a condition of a contract covered by 
such subparagraph, the contractor shall be re-
quired to advertise and solicit for construction 
workers in the United States, including terri-
tories in the Pacific region, in accordance with 
a recruitment plan created by the Secretary of 
Labor. The contractor shall submit a copy of 
the employment offer, including a description of 
wages and other terms and conditions of em-
ployment, to the Secretary of Labor. The con-
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tractor shall authorize the Secretary of Labor 
to post a notice of the employment offer on a 
website, with State and local job banks, with 
State workforce agencies, and with unemploy-
ment agencies and other referral and recruit-
ment sources pertinent to the employment op-
portunity.’’. 
(b) REPORTING REQUIREMENTS.— 
(1) SECRETARY OF DEFENSE.—Not later than 
June 30, 2010, the Secretary of Defense shall sub-
mit to the congressional committees specified in 
paragraph (3) a report containing an assessment of 
efforts to establish a Project Labor Agreement for 
construction projects associated with the Guam re-
alignment as encouraged by Executive Order 13502, 
entitled ‘‘Use of Project Labor Agreements for Fed-
eral Construction Projects’’ (74 Fed. Reg. 6985), as 
a means of complying with the requirements of para-
graph (6) of section 2824(c) of the Military Con-
struction Authorization Act for Fiscal Year 2009, as 
added by subsection (a). 
(2) SECRETARY
OF
LABOR.—Not later than 
June 30, 2010, the Secretary of Labor shall submit 
to the congressional committees specified in para-
graph (3) a report containing an assessment of— 
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(A) the opportunities to expand the re-
cruitment of construction workers in the United 
States, including territories in the Pacific re-
gion, to support the realignment of military in-
stallations and the relocation of military per-
sonnel on Guam, consistent with the require-
ments of paragraph (6) of section 2824(c) of 
the Military Construction Authorization Act for 
Fiscal Year 2009, as added by subsection (a); 
(B) the ability of labor markets to support 
the Guam realignment; and 
(C) the sufficiency of efforts to recruit 
United States construction workers. 
(3) COVERED CONGRESSIONAL COMMITTEES.— 
The reports required by this subsection shall be sub-
mitted to the congressional defense committees, the 
Committee on Education and Labor of the House of 
Representatives, and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate. 
SEC. 2835. INTERAGENCY COORDINATION GROUP OF IN-
SPECTOR GENERALS FOR GUAM REALIGN-
MENT. 
(a) INTERAGENCY COORDINATION GROUP.—There is 
hereby established the Interagency Coordination Group of 
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Inspector Generals for Guam Realignment (in this section 
referred to as the ‘‘Interagency Coordination Group’’)— 
(1) to provide for the objective conduct and su-
pervision of audits and investigations relating to the 
programs and operations funded with amounts ap-
propriated or otherwise made available for military 
construction on Guam in connection with the re-
alignment of military installations and the relocation 
of military personnel on Guam; and 
(2) to provide for coordination of, and rec-
ommendations on, policies designed to— 
(A) promote economic efficiency, and effec-
tiveness in the administration of the programs 
and operations described in paragraph (1); and 
(B) prevent and detect waste, fraud, and 
abuse in such programs and operations. 
(b) MEMBERSHIP.— 
(1) CHAIRPERSON.—The Inspector General of 
the Department of Defense shall serve as chair-
person of the Interagency Coordination Group. 
(2) ADDITIONAL MEMBERS.—Additional mem-
bers of the Interagency Coordination Group shall in-
clude the Inspector General of the Department of 
Interior and Inspectors General of such other Fed-
eral agencies as the chairperson considers appro-
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HR 2647 PCS 
priate to carry out the duties of the Interagency Co-
ordination Group. 
(c) DUTIES.— 
(1) OVERSIGHT OF GUAM CONSTRUCTION.—It 
shall be the duty of the Interagency Coordination 
Group to conduct, supervise, and coordinate audits 
and investigations of the treatment, handling, and 
expenditure of amounts appropriated or otherwise 
made available for military construction on Guam 
and of the programs, operations, and contracts car-
ried out utilizing such funds, including— 
(A) the oversight and accounting of the ob-
ligation and expenditure of such funds; 
(B) the monitoring and review of construc-
tion activities funded by such funds; 
(C) the monitoring and review of contracts 
funded by such funds; 
(D) the monitoring and review of the 
transfer of such funds and associated informa-
tion between and among departments, agencies, 
and entities of the United States and private 
and nongovernmental entities; 
(E) the maintenance of records on the use 
of such funds to facilitate future audits and in-
vestigations of the use of such fund; and 
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(F) the monitoring and review of the im-
plementation of the Defense Posture Review 
Initiative relating to the realignment of military 
installations and the relocation of military per-
sonnel on Guam. 
(2) OTHER DUTIES RELATED TO OVERSIGHT.— 
The Interagency Coordination Group shall establish, 
maintain, and oversee such systems, procedures, and 
controls as the Interagency Coordination Group con-
siders appropriate to discharge the duties under 
paragraph (1). 
(3) OVERSIGHT PLAN.—The chairperson of the 
Interagency Coordination Group shall prepare an 
annual oversight plan detailing planned audits and 
reviews related to the Guam realignment. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) PROVISION OF ASSISTANCE.—Upon request 
of the Interagency Coordination Group for informa-
tion or assistance from any department, agency, or 
other entity of the Federal Government, the head of 
such entity shall, insofar as is practicable and not in 
contravention of any existing law, furnish such infor-
mation or assistance to the Interagency Coordina-
tion Group. 
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(2) REPORTING
OF
REFUSED
ASSISTANCE.— 
Whenever information or assistance requested by the 
Interagency Coordination Group is, in the judgment 
of the chairperson of the Interagency Coordination 
Group, unreasonably refused or not provided, the 
chairperson shall report the circumstances to the 
Secretary of Defense and to the congressional de-
fense committees without delay. 
(e) REPORTS.— 
(1) ANNUAL REPORTS.—Not later than Feb-
ruary 1 of each year, the chairperson of the Inter-
agency Coordination Group shall submit to the con-
gressional defense committees, the Secretary of De-
fense, and the Secretary of the Interior a report 
summarizing, for the preceding calendar year, the 
activities of the Interagency Coordination Group 
during such year and the activities under programs 
and operations funded with amounts appropriated or 
otherwise made available for military construction on 
Guam. Each report shall include, for the year cov-
ered by the report, a detailed statement of all obliga-
tions, expenditures, and revenues associated with 
such construction, including the following: 
(A) Obligations and expenditures of appro-
priated funds. 
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(B) A project-by-project and program-by- 
program accounting of the costs incurred to 
date for military construction in connection 
with the realignment of military installations 
and the relocation of military personnel on 
Guam, together with the estimate of the De-
partment of Defense and the Department of the 
Interior, as applicable, of the costs to complete 
each project and each program. 
(C) Revenues attributable to or consisting 
of funds contributed by the Government of 
Japan in connection with the realignment of 
military installations and the relocation of mili-
tary personnel on Guam and any obligations or 
expenditures of such revenues. 
(D) Operating expenses of agencies or enti-
ties receiving amounts appropriated or other-
wise made available for military construction on 
Guam. 
(E) In the case of any contract, grant, 
agreement, or other funding mechanism de-
scribed in paragraph (2)— 
(i) the amount of the contract, grant, 
agreement, or other funding mechanism; 
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(ii) a brief discussion of the scope of 
the contract, grant, agreement, or other 
funding mechanism; 
(iii) a discussion of how the depart-
ment or agency of the United States Gov-
ernment involved in the contract, grant, 
agreement, or other funding mechanism 
identified, and solicited offers from, poten-
tial individuals or entities to perform the 
contract, grant, agreement, or other fund-
ing mechanism, together with a list of the 
potential individuals or entities that were 
issued solicitations for the offers; and 
(iv) the justification and approval doc-
uments on which was based the determina-
tion to use procedures other than proce-
dures that provide for full and open com-
petition. 
(2) COVERED
CONTRACTS, GRANTS, AGREE-
MENTS, AND FUNDING MECHANISMS.—A contract, 
grant, agreement, or other funding mechanism de-
scribed in this paragraph is any major contract, 
grant, agreement, or other funding mechanism that 
is entered into by any department or agency of the 
United States Government that involves the use of 
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HR 2647 PCS 
amounts appropriated or otherwise made available 
for military construction on Guam with any public 
or private sector entity. 
(3) FORM.—Each report required under this 
subsection shall be submitted in unclassified form, 
but may include a classified annex if the Interagency 
Coordination Group considers it necessary. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to authorize the public 
disclosure of information that is— 
(A) specifically prohibited from disclosure 
by any other provision of law; 
(B) specifically required by Executive order 
to be protected from disclosure in the interest 
of national defense or national security or in 
the conduct of foreign affairs; or 
(C) a part of an ongoing criminal inves-
tigation. 
(5) SUBMISSION
OF
COMMENTS.—Not later 
than 30 days after receipt of a report under para-
graph (1), the Secretary of Defense or the Secretary 
of the Interior may submit to the congressional de-
fense committees any comments on the matters cov-
ered by the report as the Secretary concerned con-
siders appropriate. Any comments on the matters 
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HR 2647 PCS 
covered by the report shall be submitted in unclassi-
fied form, but may include a classified annex if the 
Secretary concerned considers it necessary. 
(f) PUBLIC AVAILABILITY; WAIVER.— 
(1) PUBLIC
AVAILABILITY.—The Interagency 
Coordination Group shall publish on a publically- 
available Internet website each report prepared 
under subsection (e). Any comments on the report 
submitted under paragraph (5) of such subsection 
shall also be published on such website. 
(2) WAIVER AUTHORITY.—The President may 
waive the requirement under paragraph (1) with re-
spect to availability to the public of any element in 
a report under subsection (e), or any comment with 
respect to a report, if the President determines that 
the waiver is justified for national security reasons. 
(3) NOTICE OF WAIVER.—The President shall 
publish a notice of each waiver made under this sub-
section in the Federal Register no later than the 
date on which a report required under subsection 
(e), or any comment under paragraph (5) of such 
subsection, is submitted to the congressional defense 
committees. The report and comments shall specify 
whether waivers under this subsection were made 
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and with respect to which elements in the report or 
which comments, as appropriate. 
(g) DEFINITIONS.—In this section: 
(1) AMOUNTS
APPROPRIATED
OR
OTHERWISE 
MADE
AVAILABLE.—The term ‘‘amounts appro-
priated or otherwise made available for military con-
struction on Guam’’ includes amounts derived from 
the Support for United States Relocation to Guam 
Account. 
(2) GUAM.—The term ‘‘Guam’’ includes any is-
land in the Northern Mariana Islands. 
(h) TERMINATION.— 
(1) IN GENERAL.—The Interagency Coordina-
tion Group shall terminate upon the expenditure of 
90 percent of all funds appropriated or otherwise 
made available for Guam realignment. 
(2) FINAL REPORT.—Before the termination of 
the Interagency Coordination Group pursuant to 
paragraph (1), the chairperson of the Interagency 
Coordination Group shall prepare and submit to the 
congressional defense committees a final report con-
taining— 
(A) notice that the termination condition 
in paragraph (1) has occurred; and 
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HR 2647 PCS 
(B) a final forensic audit on programs and 
operations funded with amounts appropriated 
or otherwise made available for military con-
struction on Guam. 
SEC. 2836. COMPLIANCE WITH NAVAL AVIATION SAFETY 
REQUIREMENTS AS CONDITION ON ACCEPT-
ANCE OF REPLACEMENT FACILITY FOR MA-
RINE CORPS AIR STATION, FUTENMA, OKI-
NAWA. 
The Secretary of Defense may not accept, or author-
ize any other official of the Department of Defense to ac-
cept, a replacement facility in Okinawa for air operations 
conducted at Marine Corps Air Station, Futenma, Oki-
nawa, unless the Secretary certifies to the congressional 
defense committees that the replacement facility satisfies 
at least minimum Naval Aviation Safety requirements. 
The Secretary may not waive any of these requirements. 
SEC. 2837. REPORT AND SENSE OF CONGRESS ON MARINE 
CORPS TRAINING REQUIREMENTS IN ASIA- 
PACIFIC REGION. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Secretary of the Navy 
and the Joint Guam Program Office, shall submit to the 
congressional defense committees a report on the training 
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requirements necessary for Marine Forces Pacific, the 
field command of the Marine Corps within the United 
States Pacific Command. 
(b) CONTENTS OF REPORT.—The report required 
under subsection (a) shall contain each of the following: 
(1) A description of the units of the Marine 
Corps expected to be assigned on a permanent or 
temporary basis to Marine Forces Pacific, including 
the type of unit, the organizational element, the cur-
rent location of the unit, and proposed location for 
the unit. 
(2) A description of the training requirements 
necessary to sustain the current and planned re-
alignment of forces according to the agreement enti-
tled ‘‘Agreement between the Government of the 
United States of America and the Government of 
Japan concerning the Implementation of the Reloca-
tion of the III Marine Expeditionary Force Per-
sonnel and their Dependents from Okinawa to 
Guam’’. 
(3) A description of the potential effects of un-
dertaking a separate environmental impact study for 
expanded training ranges in the Commonwealth of 
the Northern Mariana Islands and for alternative 
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HR 2647 PCS 
training range options, including locations in the 
Philippines, Thailand, Australia, and Japan. 
(4) The rationale for conducting the Mariana 
Island Range Complex environmental impact state-
ment without including the additional training re-
quirements necessary to support the additional re-
alignment of Marine Corps units on Guam. 
(5) A description of the strategic- and tactical- 
lift requirements associated with Marine Forces Pa-
cific, including programming information regarding 
the intent of the Department of Defense to eliminate 
deficiencies in the strategic-lift capabilities. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that an evaluation of training requirements for Ma-
rine Forces Pacific— 
(1) should be conducted and completed as soon 
as possible; 
(2) should include a training analysis that, at 
a minimum, reviews the capabilities required to sup-
port a Marine Air-Ground Task Force; and 
(3) should not impact the implementation of the 
recently signed international agreement referred to 
in subsection (b)(2). 
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HR 2647 PCS 
Subtitle D—Energy Security 
SEC. 2841. ADOPTION OF UNIFIED ENERGY MONITORING 
AND MANAGEMENT SYSTEM SPECIFICATION 
FOR MILITARY CONSTRUCTION AND MILI-
TARY FAMILY HOUSING ACTIVITIES. 
(a) ADOPTION REQUIRED.— 
(1) IN GENERAL.—Subchapter III of chapter 
169 of title 10, United States Code, is amended by 
inserting after section 2866 at the end the following 
new section: 
‘‘§ 2867. Energy monitoring and management system 
specification for military construction 
and military family housing activities 
‘‘(a) ADOPTION
OF
DEPARTMENT-WIDE, OPEN 
SOURCE, ENERGY MONITORING AND MANAGEMENT SYS-
TEM SPECIFICATION.—The Secretary of Defense shall 
adopt an open source energy monitoring and management 
system specification for use throughout the Department 
of Defense in connection with a military construction 
project, military family housing activity, or other activity 
under this chapter for the purpose of monitoring and con-
trolling the following with respect to the project or activ-
ity: 
‘‘(1) Utilities and energy usage, including elec-
tricity, gas, steam, and water usage. 
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‘‘(2) Indoor environments, including tempera-
ture and humidity levels. 
‘‘(3) Heating, ventilation, and cooling compo-
nents. 
‘‘(4) Central plant equipment. 
‘‘(5) Renewable energy generation systems. 
‘‘(6) Lighting systems. 
‘‘(7) Power distribution networks. 
‘‘(b) EXCLUSION.—(1) The Secretary concerned may 
waive the application of the energy monitoring and man-
agement system specification adopted under subsection (a) 
with respect to a specific military construction project, 
military family housing activity, or other activity under 
this chapter if the Secretary determines that the applica-
tion of the specification to the project or activity is not 
life cycle cost-effective. 
‘‘(2) The Secretary concerned shall notify the con-
gressional defense committees of any waiver granted under 
paragraph (1).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter III is amended 
inserting after the item relating to section 2866 the 
following new item: 
‘‘2867. Energy monitoring and management system specification for military 
construction and military family housing activities.’’. 
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HR 2647 PCS 
(3) DEADLINE FOR ADOPTION.—The Secretary 
of Defense shall adopt the open source energy moni-
toring and management system specification re-
quired by section 2867 of title 10, United States 
Code, as added by paragraph (1), not later than 180 
days after the date of the enactment of this Act. 
(b) REPORTING REQUIREMENT.—Not later than 180 
days after the date of the enactment of the Act, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report containing the following items: 
(1) A contract specification that will implement 
the open source energy monitoring and management 
system specification required by section 2867 of title 
10, United States Code, as added by subsection (a). 
(2) A description of the method to ensure com-
pliance of the Department of Defense information 
assurance certification and accreditation process. 
(3) An expected timeline for integration of ex-
isting components with the energy monitoring and 
management system. 
(4) A list of the justifications and authoriza-
tions provided by the Department, pursuant to Fed-
eral Acquisition Regulations Chapter 6.3, relating to 
Other Than Full and Open Competition, for energy 
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HR 2647 PCS 
monitoring and management systems during fiscal 
year 2009. 
SEC. 2842. DEPARTMENT OF DEFENSE USE OF ELECTRIC 
AND HYBRID MOTOR VEHICLES. 
(a) PREFERENCE.—Subchapter II of chapter 173 of 
title 10, United States Code, is amended by inserting after 
section 2922g, as added by title III of this Act, the fol-
lowing new section: 
‘‘§ 2922h. Preference for motor vehicles using electric 
or hybrid propulsion systems 
‘‘(a) PREFERENCE.—In leasing or procuring motor 
vehicles for use by a military department or Defense Agen-
cy, the Secretary of the military department or the head 
of the Defense Agency shall provide a preference for the 
lease or procurement of motor vehicles using electric or 
hybrid propulsion systems, including plug-in hybrid sys-
tems, if the electric or hybrid vehicles— 
‘‘(1) will meet the requirements or needs of the 
Department of Defense; and 
‘‘(2) are commercially available at a cost rea-
sonably comparable, on the basis of life-cycle cost, to 
motor vehicles containing only an internal combus-
tion or heat engine using combustible fuel. 
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‘‘(b) EXCEPTION.—Subsection (a) does not apply 
with respect to tactical vehicles designed for use in com-
bat. 
‘‘(c) HYBRID DEFINED.—In this section, the term 
‘hybrid’, with respect to a motor vehicle, means a motor 
vehicle that draws propulsion energy from onboard sources 
of stored energy that are both— 
‘‘(1) an internal combustion or heat engine 
using combustible fuel; and 
‘‘(2) a rechargeable energy storage system.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘2922h. Preference for motor vehicles using electric or hybrid propulsion sys-
tems.’’. 
SEC. 2843. DEPARTMENT OF DEFENSE GOAL REGARDING 
USE OF RENEWABLE ENERGY SOURCES TO 
MEET FACILITY ENERGY NEEDS. 
(a) FACILITY BASIS OF GOAL.—Subsection (e) of 
section 2911 of title 10, United States Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(2) in subparagraph (A) (as so redesignated)— 
(A) by striking ‘‘electric energy’’ and in-
serting ‘‘facility energy’’; 
(B) by striking ‘‘and in its activities’’; and 
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(C) by striking ‘‘(as defined in section 
203(b) of the Energy Policy Act of 2005 (42 
U.S.C. 15852(b)))’’; and 
(3) in subparagraph (B) (as so redesignated), 
by striking ‘‘electric energy’’ and inserting ‘‘facility 
energy’’. 
(b) 
DEFINITION
OF
RENEWABLE
ENERGY 
SOURCE.—Such subsection is further amended— 
(1) by striking ‘‘It shall be’’ and inserting ‘‘(1) 
It shall be’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) In this subsection, the term ‘renewable energy 
source’ means energy generated from renewable sources, 
including the following: 
‘‘(A) Solar. 
‘‘(B) Wind. 
‘‘(C) Biomass. 
‘‘(D) Landfill gas. 
‘‘(E) Ocean, including tidal, wave, current, and 
thermal. 
‘‘(F) Geothermal, including electricity and heat 
pumps. 
‘‘(G) Municipal solid waste. 
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‘‘(H) New hydroelectric generation capacity 
achieved from increased efficiency or additions of 
new capacity at an existing hydroelectric project. 
For purposes of this subparagraph, hydroelectric 
generation capacity is ‘new’ if it was placed in serv-
ice on or after January 1, 1999. 
‘‘(I) Thermal energy generated by any of the 
preceding sources.’’. 
(c) CLERICAL AMENDMENT.—The heading of such 
subsection is amended by striking ‘‘ELECTRICITY NEEDS’’ 
and inserting ‘‘FACILITY ENERGY NEEDS’’. 
SEC. 2844. COMPTROLLER GENERAL REPORT ON DEPART-
MENT OF DEFENSE RENEWABLE ENERGY INI-
TIATIVES. 
Not later than 90 days after the date of the enact-
ment of this Act, the Comptroller General shall submit 
to Congress a report on all renewable energy initiatives 
being funded by the Department of Defense or a military 
department down to the base commander level. The Comp-
troller General shall specifically address the following in 
the report: 
(1) The costs associated with each renewable 
energy initiative. 
(2) Whether the renewable energy initiative has 
a clearly delineated set of goals or targets. 
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(3) Whether those goals or targets are being 
met or are likely to be met by the conclusion of the 
renewable energy initiative. 
SEC. 2845. STUDY ON DEVELOPMENT OF NUCLEAR POWER 
PLANTS ON MILITARY INSTALLATIONS. 
(a) STUDY REQUIRED; ELEMENTS.—The Secretary 
of Defense shall conduct a study to assess the feasibility 
of developing nuclear power plants on military installa-
tions. As part of the study, the Secretary shall— 
(1) summarize options available for public-pri-
vate partnerships for construction and operation of 
the power plants; 
(2) estimate the cost per kilowatt-hour and con-
sider the potential for life cycle cost savings to the 
Department of Defense, including potential environ-
mental liabilities; 
(3) consider the potential energy security ad-
vantages to the Department of Defense of gener-
ating electricity on military installations through the 
use of nuclear energy; 
(4) assess the additional infrastructure costs 
that would be needed to enable the power plants to 
sell power back to the general electricity grid; 
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(5) consider impact on quality of life of mem-
bers stationed at an installation containing a nuclear 
power plant; 
(6) consider regulatory, State, and local con-
cerns to production of nuclear power on military in-
stallations; 
(7) assess to what degree nuclear power plants 
would adversely affect operations on military instal-
lations, including consideration of training and read-
iness requirements; 
(8) assess potential environmental liabilities for 
the Department of Defense; 
(9) consider factors impacting safe co-location 
of nuclear power plants on military installations; and 
(10) consider any other factors that bear on the 
feasibility of developing nuclear power plants on 
military installations. 
(b) SUBMISSION OF RESULTS OF STUDY.—Not later 
than June 1, 2010, the Secretary shall submit to the Com-
mittees on Armed Services of the Senate and House of 
Representatives a report containing the results of the 
study. 
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SEC. 2846. DEPARTMENT OF DEFENSE PARTICIPATION IN 
PROGRAMS FOR MANAGEMENT OF ENERGY 
DEMAND OR REDUCTION OF ENERGY USAGE 
DURING PEAK PERIODS. 
(a) IN GENERAL.—Subchapter I of chapter 173 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2919. Participation in programs for management of 
energy demand or reduction of energy 
usage during peak periods 
‘‘(a) PARTICIPATION
IN DEMAND RESPONSE
OR 
LOAD MANAGEMENT PROGRAMS.—The Secretary of De-
fense shall permit and encourage the Secretaries of the 
military departments, heads of Defense agencies, and the 
heads of other instrumentalities of the Department of De-
fense to participate in demand response programs for the 
management of energy demand or the reduction of energy 
usage during peak periods conducted by— 
‘‘(1) an electric utility; 
‘‘(2) independent system operator; 
‘‘(3) State agency; or 
‘‘(4) third-party entity (such as a demand re-
sponse aggregator or curtailment service provider) 
implementing demand response programs on behalf 
of an electric utility, independent system operator, 
or State agency. 
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‘‘(b) TREATMENT OF CERTAIN FINANCIAL INCEN-
TIVES.—Financial incentives received from an entity spec-
ified in subsection (a) shall be received in cash and depos-
ited into the Treasury as a miscellaneous receipt. Amounts 
received shall be available for obligation only to the extent 
provided in advance in an appropriations act. The Sec-
retary concerned or head of the Defense Agency or other 
instrumentality shall pay for the cost of the design and 
implementation of these services in full in the year in 
which they are received from amounts provided in advance 
in an appropriations Act. 
‘‘(c) USE OF CERTAIN FINANCIAL INCENTIVES.—Of 
the amounts provided in advance in an appropriations Act 
derived from subsection (b) above, 100 percent shall be 
available to the military installation where the proceeds 
were derived, and at least 25 percent of that appropriated 
amount shall be designated for use in energy management 
initiatives by the military installation where the proceeds 
were derived.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by adding 
at the end the following new item: 
‘‘2919. Participation in programs for management of energy demand or reduc-
tion of energy usage during peak periods.’’. 
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Subtitle E—Land Conveyances 
SEC. 2851. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
PORT 
CHICAGO 
NAVAL 
MAGAZINE, 
CALI-
FORNIA. 
(a) TRANSFER REQUIRED; ADMINISTRATION.—Sec-
tion 203 of the Port Chicago National Memorial Act of 
1992 (Public Law 102–562; 16 U.S.C. 431; 106 Stat. 
4235) is amended by striking subsection (c) and inserting 
the following new subsections: 
‘‘(c) ADMINISTRATION.—The Secretary of the Inte-
rior shall administer the Port Chicago Naval Magazine 
National Memorial as a unit of the National Park System 
in accordance with this Act and laws generally applicable 
to units of the National Park System, including the Na-
tional Park Service Organic Act (39 Stat. 535; 16 U.S.C. 
1 et seq.) and the Act of August 21, 1935 (49 Stat. 666; 
16 U.S.C. 461 et seq.). Land transferred to the adminis-
trative jurisdiction of the Secretary of the Interior under 
subsection (d) shall be administered in accordance with 
this subsection. 
‘‘(d) TRANSFER OF LAND.—The Secretary of De-
fense shall transfer a parcel of land, consisting of approxi-
mately 5 acres, depicted within the proposed boundary on 
the map titled ‘Port Chicago Naval Magazine National 
Memorial, Proposed Boundary’, numbered 018/80,001, 
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and dated August 2005, to the administrative jurisdiction 
of the Secretary of the Interior if the Secretary of Defense 
determines that— 
‘‘(1) the land is excess to military needs; and 
‘‘(2) all environmental remediation actions nec-
essary to respond to environmental contamination 
related to the land have been completed in accord-
ance with the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.) and other applicable laws. 
‘‘(e) PUBLIC ACCESS.—The Secretary of the Interior 
shall enter into an agreement with the Secretary of De-
fense to provide as much public access as possible to the 
Port Chicago Naval Magazine National Memorial without 
interfering with military needs. This subsection shall no 
longer apply if, at some point in the future, the National 
Memorial ceases to be an enclave within the Concord 
Naval Weapons Station. 
‘‘(f) AGREEMENT WITH CITY
OF CONCORD
AND 
EAST BAY REGIONAL PARK DISTRICT.—The Secretary of 
the Interior is authorized to enter into an agreement with 
the City of Concord, California, and the East Bay Re-
gional Park District, to establish and operate a facility 
for visitor orientation and parking, administrative offices, 
and curatorial storage for the National Memorial.’’. 
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(b) SENSE OF CONGRESS ON REMEDIATION AND RE-
PAIR OF NATIONAL MEMORIAL.— 
(1) REMEDIATION.—It is the sense of Congress 
that, in order to facilitate the land transfer de-
scribed in subsection (d) of section 203 of the Port 
Chicago National Memorial Act of 1992, as added 
by subsection (a), the Secretary of Defense should 
remediate remaining environmental contamination 
related to the land. 
(2) REPAIR.—It is the sense of Congress that, 
in order to preserve the Port Chicago Naval Maga-
zine National Memorial for future generations, the 
Secretary of Defense and the Secretary of the Inte-
rior should work together to develop a process by 
which future repairs and necessary modifications to 
the National Memorial can be achieved in as timely 
and cost-effective a manner as possible. 
SEC. 2852. LAND CONVEYANCES, NAVAL AIR STATION, BAR-
BERS POINT, HAWAII. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy shall convey, without consideration, to the Ha-
waii Community Development Authority (in this section 
referred to as the ‘‘Authority’’), which is the local redevel-
opment authority for former Naval Air Station, Barbers 
Point, Oahu, Hawaii, all right, title, and interest of the 
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United States in and to the following parcels of real prop-
erty, including any improvements thereon and clear of all 
liens and encumbrances, at the installation: 
(1) An approximately 10.569-acre parcel of 
land identified as ‘‘Parcel No. 13126 B’’ and further 
identified by Oahu Tax Map Key No. 9–1–031:047. 
(2) An approximately 145.785-acre parcel of 
land identified as ‘‘Parcel No. 13058 D’’ and further 
identified by Oahu Tax Map Key No. 9–1–013:039. 
(3) An approximately 9.303-acre parcel of land 
identified as ‘‘Parcel No. 13058 F’’ and further 
identified by Oahu Tax Map Key No. 9–1–013:041. 
(4) An approximately 57.937-acre parcel of 
land identified as ‘‘Parcel No. 13058 G’’ and further 
identified by Oahu Tax Map Key No. 9–1–013:042. 
(5) An approximately 11.501-acre parcel of 
land identified as ‘‘Parcel No. 13073 D’’ and further 
identified by Oahu Tax Map Key No. 9–1–013:069. 
(6) An approximately 65.356-acre parcel of 
land identified as ‘‘Parcel No. 13073 B’’ and further 
identified by Oahu Tax Map Key No. 9–1–013:067. 
(b) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the Authority to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for 
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costs incurred by the Secretary, to carry out the 
conveyance under subsection (a), including survey 
costs, costs related to environmental documentation, 
and other administrative costs related to the convey-
ance. If amounts are collected from the Authority in 
advance of the Secretary incurring the actual costs, 
and the amount collected exceeds the costs actually 
incurred by the Secretary to carry out the convey-
ance, the Secretary shall refund the excess amount 
to the Authority. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursements under para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund 
or account and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(c) SAVINGS PROVISION.—Nothing in this section 
shall be construed to affect or limit the application of, or 
any obligation to comply with, any environmental law, in-
cluding the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
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et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.). 
(d) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal descriptions of the parcels of real property to 
be conveyed under subsection (a) shall be determined by 
a survey satisfactory to the Secretary. 
(e) ADDITIONAL TERMS
AND CONDITIONS.—The 
Secretary may require such additional terms and condi-
tions in connection with the conveyances under subsection 
(a) as the Secretary considers appropriate to protect the 
interests of the United States. 
SEC. 2853. MODIFICATION OF LAND CONVEYANCE, FORMER 
GRIFFISS AIR FORCE BASE, NEW YORK. 
(a) ADDITIONAL CONVEYANCE.—Subsection (a)(1) of 
section 2873 of the Military Construction Authorization 
Act for Fiscal Year 2005 (division B of Public Law 108– 
375; 118 Stat. 2152) is amended— 
(1) by striking ‘‘two parcels’’ and inserting 
‘‘three parcels’’; 
(2) by striking ‘‘and 1.742 acres and containing 
the four buildings’’ and inserting ‘‘, 1.742 acres, and 
4.5 acres, respectively, and containing all or a por-
tion of the five buildings’’; and 
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(3) by inserting ‘‘and the Modification and Fab-
rication Facility’’ after ‘‘Reconnaissance Labora-
tory’’. 
(b) DESCRIPTION OF PROPERTY.—Subsection (a)(2) 
of such section is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) Bay Number 4 in Building 101 (approxi-
mately 115,000 square feet).’’. 
(c) PURPOSE OF CONVEYANCE.—Subsection (a)(3) of 
such section is amended by adding before the period at 
the end the following: ‘‘and to provide adequate reimburse-
ment, real property, and replacement facilities for the Air 
Force Research Laboratory units that are relocated as a 
result of the conveyance’’. 
(d) CONSIDERATION.—Subsection (c) of such section 
is amended by striking ‘‘in-kind contribution’’ and insert-
ing ‘‘in-kind consideration (including land and new facili-
ties)’’. 
SEC. 2854. LAND CONVEYANCE, ARMY RESERVE CENTER, 
CHAMBERSBURG, PENNSYLVANIA. 
(a) CONVEYANCE AUTHORIZED.—At such time as the 
Army Reserve vacates the Army Reserve Center at 721 
South Sixth Street, Chambersburg, Pennsylvania, the Sec-
retary of the Army may convey, without consideration, to 
the Chambersburg Area School District (in this section re-
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ferred to as the ‘‘School District’’), all right, title, and in-
terest of the United States in and to the Reserve Center 
for the purpose of permitting the School District to utilize 
the property for educational, educational support, and 
community activities. 
(b) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used in accordance with 
the purpose of the conveyance, all right, title, and interest 
in and to such real property, including any improvements 
and appurtenant easements thereto, shall, at the option 
of the Secretary, revert to and become the property of the 
United States, and the United States shall have the right 
of immediate entry onto such real property. A determina-
tion by the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the School District to cover costs to be in-
curred by the Secretary, or to reimburse the Sec-
retary for costs incurred by the Secretary, to carry 
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out the conveyance under subsection (a), including 
survey costs, costs related to environmental docu-
mentation, and other administrative costs related to 
the conveyance. If amounts are collected from the 
School District in advance of the Secretary incurring 
the actual costs, and the amount collected exceeds 
the costs actually incurred by the Secretary to carry 
out the conveyance, the Secretary shall refund the 
excess amount to the School District. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursements under para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
retary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund 
or account and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(e) ADDITIONAL TERM AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under subsection (a) as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
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SEC. 2855. LAND CONVEYANCE, NAVAL AIR STATION 
OCEANA, VIRGINIA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Navy may convey to the City of Virginia Beach, Vir-
ginia (in this section referred to as the ‘‘City’’), all right, 
title, and interest of the United States in and to parcels 
of non-contiguous real property, including any improve-
ments thereon, consisting of a total of approximately 2.4 
acres at Naval Air Station Oceana, Virginia, for the pur-
pose of permitting the City to expand services to support 
the Marine Animal Care Center. 
(b) CONSIDERATION.—As consideration for the con-
veyance under subsection (a), the City shall provide com-
pensation to the Secretary of the Navy in an amount equal 
to the fair market value of the real property conveyed 
under such subsection, as determined by appraisals ac-
ceptable to the Secretary. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be exchanged 
under this section shall be determined by surveys satisfac-
tory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the City to cover costs to be incurred by the 
Secretary, or to reimburse the Secretary for costs in-
curred by the Secretary, to carry out the conveyance 
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under this section, including survey costs related to 
the conveyance. If amounts are collected from the 
City in advance of the Secretary incurring the actual 
costs, and the amount collected exceeds the costs ac-
tually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess 
amount to the City. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received under paragraph (1) as reim-
bursement for costs incurred by the Secretary to 
carry out the conveyance under this section shall be 
credited to the fund or account that was used to 
cover the costs incurred by the Secretary in carrying 
out the conveyance. Amounts so credited shall be 
merged with amounts in such fund or account and 
shall be available for the same purposes, and subject 
to the same conditions and limitations, as amounts 
in such fund or account. 
(e) ADDITIONAL TERM AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under this section as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
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HR 2647 PCS 
SEC. 2856. LAND CONVEYANCE, HAINES TANK FARM, 
HAINES, ALASKA. 
(a) CONVEYANCE AUTHORIZED.—The Secretary of 
the Army may convey to the Chilkoot Indian Association 
(in this section referred to as the ‘‘Association’’) all right, 
title, and interest of the United States in and to a parcel 
of real property, including improvements thereon, con-
sisting of approximately 201 acres located at the former 
Haines Fuel Terminal (also known as the Haines Tank 
Farm) in Haines, Alaska, for the purpose of permitting 
the Association to develop a Deep Sea Port and for other 
industrial and commercial development purposes. To the 
extent practicable, the Secretary is encouraged to complete 
the conveyance by September 30, 2013. 
(b) CONSIDERATION.—As consideration for the con-
veyance of the property described in subsection (a), the 
Association shall pay to the Secretary an amount equal 
to the fair market value of the property, as determined 
by the Secretary. The determination of the Secretary shall 
be final. At the election of the Secretary, the Secretary 
may accept in-kind consideration in lieu of all or a portion 
of the cash payment. 
(c) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used in accordance with 
the purpose of the conveyance, all right, title, and interest 
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HR 2647 PCS 
in and to such real property, including any improvements 
and appurtenant easements thereto, shall, at the option 
of the Secretary, revert to and become the property of the 
United States, and the United States shall have the right 
of immediate entry onto such real property. A determina-
tion by the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the Association to cover costs to be incurred 
by the Secretary, or to reimburse the Secretary for 
costs incurred by the Secretary, to carry out the 
conveyance under subsection (a), including survey 
costs, costs related to environmental documentation, 
and other administrative costs related to the convey-
ance. If amounts are collected from the Association 
in advance of the Secretary incurring the actual 
costs, and the amount collected exceeds the costs ac-
tually incurred by the Secretary to carry out the 
conveyance, the Secretary shall refund the excess 
amount to the Association. 
(2) TREATMENT
OF
AMOUNTS
RECEIVED.— 
Amounts received as reimbursements under para-
graph (1) shall be credited to the fund or account 
that was used to cover the costs incurred by the Sec-
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HR 2647 PCS 
retary in carrying out the conveyance. Amounts so 
credited shall be merged with amounts in such fund 
or account and shall be available for the same pur-
poses, and subject to the same conditions and limita-
tions, as amounts in such fund or account. 
(e) SAVINGS PROVISION.—Nothing in this section 
shall be construed to affect or limit the application of, or 
any obligation to comply with, any environmental law, in-
cluding the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
et seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.). 
(f) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under this section shall be determined by a survey satis-
factory to the Secretary. 
(g) ADDITIONAL TERM AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance under this section as 
the Secretary considers appropriate to protect the inter-
ests of the United States. 
SEC. 2857. COMPLETION OF LAND EXCHANGE AND CON-
SOLIDATION, FORT LEWIS, WASHINGTON. 
Subsection (a)(1) of section 2837 of the Military Con-
struction Authorization Act for Fiscal Year 2002 (division 
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B of Public Law 107–107; 115 Stat. 1315), as amended 
by section 2852 of the Military Construction Authoriza-
tion Act for Fiscal Year 2005 (division B of Public Law 
108–375; 118 Stat. 2143), is further amended— 
(1) in the first sentence, by striking ‘‘The Sec-
retary of the Army may transfer’’ and inserting 
‘‘Not later than 60 days after the date of the enact-
ment of the Military Construction Authorization Act 
for Fiscal Year 2010, the Secretary of the Army 
shall transfer’’; and 
(2) in the second sentence— 
(A) by striking ‘‘may make the transfer’’ 
and inserting ‘‘shall make the transfer’’; and 
(B) by striking ‘‘may accept’’ and inserting 
‘‘shall accept’’. 
SEC. 2858. LAND CONVEYANCE, FERNDALE HOUSING AT 
CENTERVILLE BEACH NAVAL FACILITY TO 
CITY OF FERNDALE, CALIFORNIA. 
(a) CONVEYANCE AUTHORIZED.—At such time as the 
Navy vacates the Ferndale Housing, which previously sup-
ported the now closed Centerville Beach Naval Facility in 
the City of Ferndale, California, the Secretary of the Navy 
may convey, at fair market value, to the City of Ferndale 
(in this section referred to as the ‘‘City’’), all right, title, 
and interest of the United States in and to the parcels 
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HR 2647 PCS 
of real property, including improvements thereon, for the 
purpose of permitting the City to utilize the property for 
low- and moderate-income housing for seniors, families, or 
both. 
(b) REVERSIONARY INTEREST.—If the Secretary de-
termines at any time that the real property conveyed 
under subsection (a) is not being used in accordance with 
the purpose of the conveyance, all right, title, and interest 
in and to such real property, including any improvements 
and appurtenant easements thereto, shall, at the option 
of the Secretary, revert to and become the property of the 
United States, and the United States shall have the right 
of immediate entry onto such real property. A determina-
tion by the Secretary under this subsection shall be made 
on the record after an opportunity for a hearing. 
(c) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the real property to be conveyed 
under subsection (a) shall be determined by a survey satis-
factory to the Secretary. 
(d) PAYMENT OF COSTS OF CONVEYANCES.— 
(1) PAYMENT REQUIRED.—The Secretary shall 
require the City to cover costs to be incurred by the 
Secretary, or to reimburse the Secretary for costs in-
curred by the Secretary, to carry out the conveyance 
under subsection (a), including survey costs, costs 
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Subtitle F—Other Matters 
SEC. 2871. REVISED AUTHORITY TO ESTABLISH NATIONAL 
MONUMENT 
TO 
HONOR 
UNITED 
STATES 
ARMED FORCES WORKING DOG TEAMS. 
Section 2877 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
563; 16 U.S.C. 431 note) is amended by striking ‘‘Na-
tional War Dogs Monument, Inc.,’’ both places it appears 
and inserting ‘‘John Burnam Monument Foundation, 
Inc.,’’. 
SEC. 2872. NAMING OF CHILD DEVELOPMENT CENTER AT 
FORT LEONARD WOOD, MISSOURI, IN HONOR 
OF MR. S. LEE KLING. 
A child development center at Fort Leonard Wood, 
Missouri, shall be known and designated as the ‘‘S. Lee 
Kling Child Development Center’’. Any reference in a law, 
map, regulation, document, paper, or other record of the 
United States to such child development center shall be 
deemed to be a reference to the S. Lee Kling Child Devel-
opment Center. 
SEC. 2873. CONDITIONS ON ESTABLISHMENT OF COOPERA-
TIVE SECURITY LOCATION IN PALANQUERO, 
COLOMBIA. 
(a) CONGRESSIONAL
NOTIFICATION
OF
AGREE-
MENT.—None of the amounts authorized to be appro-
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priated by this division or otherwise made available for 
military construction for fiscal year 2010 may be obligated 
to commence construction of a Cooperative Security Loca-
tion at the German Olano Airbase (the Palanquero AB 
Development Project) in Palanquero, Colombia, until at 
least 15 days after the date on which the Secretary of De-
fense certifies to the congressional defense committees 
that an agreement has been entered into with the Govern-
ment of Colombia that permits the establishment of the 
Cooperative Security Location at the German Olano Air-
base in a manner that will enable the United States South-
ern Command to execute its Theater Posture Strategy in 
cooperation with the Armed Forces of Colombia. 
(b) PROHIBITION ON PERMANENT UNITED STATES 
MILITARY INSTALLATION.—The agreement referred to in 
subsection (a) may not provide for or authorize the estab-
lishment of a United States military installation or base 
for the permanent stationing of United States Armed 
Forces in Colombia. 
SEC. 2874. MILITARY ACTIVITIES AT UNITED STATES MA-
RINE CORPS MOUNTAIN WARFARE TRAINING 
CENTER. 
Section 1806 of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 Stat. 1056; 
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16 U.S.C. 460vvv) is amended by adding at the end the 
following new subsection: 
‘‘(g) MILITARY ACTIVITIES AT UNITED STATES MA-
RINE CORPS MOUNTAIN WARFARE TRAINING CENTER.— 
The designation of the Bridgeport Winter Recreation Area 
by this section is not intended to restrict or preclude the 
activities conducted by the United States Armed Forces 
at the United States Marine Corps Mountain Warfare 
Training Center.’’. 
TITLE XXIX—OVERSEAS CONTIN-
GENCY 
OPERATIONS 
MILI-
TARY 
CONSTRUCTION 
AU-
THORIZATIONS 
Sec. 2901. Authorized Army construction and land acquisition projects. 
Sec. 2902. Authorized Air Force construction and land acquisition projects. 
Sec. 2903. Construction authorization for facilities for Office of Defense Rep-
resentative-Pakistan. 
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
(a) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in subsection (b)(1), the Secretary of the Army may 
acquire real property and carry out military construction 
projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table: 
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Army: Outside the United States 
Country 
Installation or Location 
Amount 
Afghanistan ..................
Airborne .....................................................
$7,800,000 
Altimur ......................................................
$7,750,000 
Asadabad ...................................................
$5,500,000 
Bagram Air Base .......................................
$132,850,000 
Camp Joyce ...............................................
$7,700,000 
Camp Kabul ...............................................
$137,000,000 
Camp Kandahar ........................................
$132,500,000 
Camp Salerno ............................................
$50,200,000 
Forward Operating Base Blessing ............
$5,600,000 
Forward Operating Base Bostick ..............
$5,500,000 
Forward Operating Base Dwyer ...............
$14,900,000 
Forward Operating Base Ghazni ...............
$5,500,000 
Forward Operating Base Shank ................
$19,700,000 
Forward Operating Base Sharana ............
$60,800,000 
Frontenac ...................................................
$2,200,000 
Jalalabad Airfield ......................................
$41,400,000 
Maywand ....................................................
$12,200,000 
Methar-Lam ...............................................
$4,150,000 
Provincial Reconstruction Team Gardez ...
$36,200,000 
Provincial Reconstruction Team Tarin 
Kowt.
$57,950,000 
Tombstone/Bastion ....................................
$71,800,000 
Wolverine ...................................................
$14,900,000 
(b) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military con-
struction, land acquisition, and military family housing 
functions of the Department of the Army in the total 
amount of $930,484,000 as follows: 
(1) For military construction projects outside 
the United States authorized by subsection (a), 
$834,100,000. 
(2) For unspecified minor military construction 
projects under section 2805 of title 10, United 
States Code, $20,100,000. 
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(3) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $76,284,000. 
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
(a) OUTSIDE THE UNITED STATES.—Using amounts 
appropriated pursuant to the authorization of appropria-
tions in subsection (b)(1), the Secretary of the Air Force 
may acquire real property and carry out military construc-
tion projects for the installations or locations outside the 
United States, and in the amounts, set forth in the fol-
lowing table: 
Air Force: Outside the United States 
Country 
Installation or Location 
Amout 
Afghanistan ..................
Bagram Air Base .......................................
$29,100,000 
Camp Kandahar ........................................
$234,600,000 
Forward Operating Base Dwyer ...............
$4,900,000 
Forward Operating Base Shank ................
$4,900,000 
Provincial Reconstruction Team Tarin 
Kowt.
$4,900,000 
Tombstone/Bastion ....................................
$156,200,000 
Wolverine ...................................................
$4,900,000 
(b) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal years 
beginning after September 30, 2009, for military con-
struction, land acquisition, and military family housing 
functions of the Department of the Air Force in the total 
amount of $474,500,000, as follows: 
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(1) For military construction projects outside 
the United States authorized by subsection (a), 
$439,500,000. 
(2) For architectural and engineering services 
and construction design under section 2807 of title 
10, United States Code, $35,000,000. 
SEC. 2903. CONSTRUCTION AUTHORIZATION FOR FACILI-
TIES FOR OFFICE OF DEFENSE REPRESENTA-
TIVE-PAKISTAN. 
(a) IN GENERAL.—Notwithstanding the definition of 
military construction in section 2801 of title 10, United 
States Code, of the amounts authorized to be appropriated 
by this division for military construction, the Secretary of 
Defense may use not more than $25,000,000 to plan, de-
sign, and construct facilities on the United States Em-
bassy Compound in Islamabad, Pakistan, in support of the 
Office of the Defense Representative-Pakistan (in this sec-
tion referred to as the ‘‘ODRP’’). 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, and every 180 
days thereafter, the Secretary of Defense shall sub-
mit to the appropriate congressional committees a 
report on the number of personnel and activities of 
the ODRP. 
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(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
(A) A detailed accounting of the number of 
personnel permanently assigned or on tem-
porary duty in the ODRP. 
(B) A description of the mission of those 
personnel assigned on a temporary or perma-
nent basis to the ODRP. 
(C) A projection of space requirements for 
the ODRP. 
(3) FORM.—The report under paragraph (1) 
may be submitted in a classified form. 
(4) APPROPRIATE COMMITTEES.—For the pur-
poses of this subsection, the appropriate congres-
sional committees are the following: 
(A) The Committees on Armed Services 
and Foreign Affairs of the House of Represent-
atives. 
(B) The Committees on Armed Services 
and Foreign Relations of the Senate. 
(5) TERMINATION.—The requirement to submit 
a report under this subsection terminates on the 
date occurring two years after the date on which the 
first report is submitted. 
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DIVISION C—DEPARTMENT OF 
ENERGY NATIONAL SECURITY 
AUTHORIZATIONS 
AND 
OTHER AUTHORIZATIONS 
TITLE 
XXXI—DEPARTMENT 
OF 
ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security Programs Authorizations 
Sec. 3101. National Nuclear Security Administration. 
Sec. 3102. Defense environmental cleanup. 
Sec. 3103. Other defense activities. 
Sec. 3104. Defense nuclear waste disposal. 
Sec. 3105. Energy security and assurance. 
Subtitle B—Program Authorizations, Restrictions, and Limitations 
Sec. 3111. Stockpile stewardship program. 
Sec. 3112. Stockpile management program. 
Sec. 3113. Plan for execution of stockpile stewardship and stockpile manage-
ment programs. 
Sec. 3114. Dual validation of annual weapons assessment and certification. 
Sec. 3115. Annual long-term plan for the modernization and refurbishment of 
the nuclear security complex. 
Subtitle C—Reports 
Sec. 3121. Comptroller General review of management and operations contract 
costs for national security laboratories. 
Sec. 3122. Plan to ensure capability to monitor, analyze, and evaluate foreign 
nuclear weapons activities. 
Subtitle A—National Security 
Programs Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2010 for the activities of 
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the National Nuclear Security Administration in carrying 
out programs necessary for national security in the 
amount of $10,479,627,000, to be allocated as follows: 
(1) For weapons activities, $6,516,431,000. 
(2) For defense nuclear nonproliferation activi-
ties, $2,539,309,000. 
(3) For naval reactors, $1,003,133,000. 
(4) For the Office of the Administrator for Nu-
clear Security, $420,754,000. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out new plant projects for the National Nuclear 
Security Administration as follows: 
(1) For readiness in technical base and facili-
ties, the following new plant project: 
Project 10–D–501, nuclear facilities risk 
reduction, Y–12 National Security Complex, 
Oak Ridge, Tennessee, $12,500,000. 
(2) For safeguards and security, the following 
new plant project: 
Project 10–D–701, security improvement 
project, Y–12 National Security Complex, Oak 
Ridge, Tennessee, $49,000,000. 
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(3) For naval reactors, the following new plant 
projects: 
Project 10–D–903, KAPL security up-
grades, Schenectady, New York, $1,500,000. 
Project 10–D–904, Naval Reactors Facility 
infrastructure upgrades, Naval Reactors Facil-
ity, Idaho, $700,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2010 for defense 
environmental cleanup activities in carrying out programs 
necessary for national security in the amount of 
$5,024,491,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2010 for other 
defense activities in carrying out programs necessary for 
national security in the amount of $872,468,000. 
SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2010 for defense 
nuclear waste disposal for payment to the Nuclear Waste 
Fund established in section 302(c) of the Nuclear Waste 
Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount 
of $98,400,000. 
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SEC. 3105. ENERGY SECURITY AND ASSURANCE. 
Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 2010 for energy 
security and assurance programs necessary for national 
security in the amount of $6,188,000. 
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. STOCKPILE STEWARDSHIP PROGRAM. 
(a) IN GENERAL.—Subsection (a) of section 4201 of 
the Atomic Energy Defense Act (division D of Public Law 
107–314; 50 U.S.C. 2521) is amended to read as follows: 
‘‘(a) ESTABLISHMENT.—The Secretary of Energy, 
acting through the Administrator for Nuclear Security, 
shall establish a stewardship program to ensure— 
‘‘(1) the preservation of the core intellectual 
and technical competencies of the United States in 
nuclear weapons, including weapons design, system 
integration, manufacturing, security, use control, re-
liability assessment, and certification; and 
‘‘(2) that the nuclear weapons stockpile is safe, 
secure, and reliable without the use of underground 
nuclear weapons testing.’’. 
(b) ELEMENTS.—Subsection (b) of such section is 
amended— 
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(1) in paragraph (1), by inserting ‘‘and per-
formance over time’’ after ‘‘detonation’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(4) Material support for the use of, and ex-
periments facilitated by, the advanced experimental 
facilities of the United States, including— 
‘‘(A) the National Ignition Facility at Law-
rence Livermore National Laboratory; 
‘‘(B) the Dual Axis Radiographic Hydro-
dynamic Test Facility at Los Alamos National 
Laboratory; and 
‘‘(C) the Z Machine at Sandia National 
Laboratories. 
‘‘(5) Material support for the sustainment and 
modernization of facilities with production and man-
ufacturing capabilities that are necessary to ensure 
the safety, security, and reliability of the nuclear 
weapons stockpile, including— 
‘‘(A) the Pantex Plant; 
‘‘(B) the Y–12 National Security Complex; 
‘‘(C) the Kansas City Plant; and 
‘‘(D) the Savannah River Site.’’. 
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(c) PRIOR AUTHORIZATION OF APPROPRIATIONS FOR 
FISCAL YEAR 1994.—Such section is further amended by 
striking subsection (c). 
SEC. 3112. STOCKPILE MANAGEMENT PROGRAM. 
(a) IN GENERAL.—The Atomic Energy Defense Act 
(division D of Public Law 107–314; 50 U.S.C. 2501 et 
seq.) is amended— 
(1) by repealing section 4204A (50 U.S.C. 
2524a); and 
(2) by amending section 4204 (50 U.S.C. 2524) 
to read as follows: 
‘‘SEC. 4204. STOCKPILE MANAGEMENT PROGRAM. 
‘‘(a) PROGRAM REQUIRED.—The Secretary of En-
ergy, acting through the Administrator for Nuclear Secu-
rity and in consultation with the Secretary of Defense, 
shall carry out a program, to be known as the stockpile 
management program, to provide for the effective manage-
ment of the weapons in the nuclear weapons stockpile (in-
cluding any weapon proposed to be added to the stockpile). 
The program shall have the following objectives: 
‘‘(1) To increase the reliability, safety, and se-
curity of the nuclear weapons stockpile of the United 
States. 
‘‘(2) To further reduce the likelihood of the re-
sumption of underground nuclear weapons testing. 
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‘‘(3) To achieve reductions in the future size of 
the nuclear weapons stockpile. 
‘‘(4) To reduce the risk of an accidental detona-
tion of an element of the stockpile. 
‘‘(5) To reduce the risk of an element of the 
stockpile being used by a person or entity hostile to 
the United States, its vital interests, or its allies. 
‘‘(b) PROGRAM BUDGET.—For each budget sub-
mitted by the President to Congress under section 1105 
of title 31, United States Code, the amounts requested 
for the program shall be clearly identified in the budget 
justification materials submitted to Congress in support 
of that budget. 
‘‘(c) PROGRAM LIMITATIONS.—In carrying out the 
stockpile management program under subsection (a), the 
Secretary shall ensure that— 
‘‘(1) any changes made to the stockpile shall be 
made to achieve the objectives identified in sub-
section (a); and 
‘‘(2) any such changes made to the stockpile 
shall— 
‘‘(A) remain consistent with basic design 
parameters by including, to the maximum ex-
tent feasible, components that are well under-
stood or are certifiable without the need to re-
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HR 2647 PCS 
sume underground nuclear weapons testing; 
and 
‘‘(B) use the design, certification, and pro-
duction expertise resident in the nuclear com-
plex to fulfill current mission requirements of 
the existing stockpile.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 4001(b) of such Act (division D of Public Law 
107–314; 50 U.S.C. 2501 note) is amended by striking 
the items relating to sections 4204 and 4204A and insert-
ing the following new item: 
‘‘Sec. 4204. Stockpile management program.’’. 
SEC. 3113. PLAN FOR EXECUTION OF STOCKPILE STEWARD-
SHIP AND STOCKPILE MANAGEMENT PRO-
GRAMS. 
(a) PLAN.—Section 4203 of the Atomic Energy De-
fense Act (division D of Public Law 107–314; 50 U.S.C. 
2523) is amended to read as follows: 
‘‘SEC. 4203. PLAN FOR EXECUTION OF STOCKPILE STEW-
ARDSHIP 
AND 
STOCKPILE 
MANAGEMENT 
PROGRAMS. 
‘‘(a) PLAN REQUIREMENT.—The Secretary of En-
ergy, acting through the Administrator for Nuclear Secu-
rity, shall develop and annually update a plan for main-
taining the nuclear weapons stockpile. The plan shall 
cover, at a minimum, stockpile stewardship, stockpile 
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HR 2647 PCS 
management, and program direction and shall be con-
sistent with the programmatic and technical requirements 
of the most recent annual Nuclear Weapons Stockpile 
Memorandum. 
‘‘(b) PLAN ELEMENTS.—The plan and each update 
of the plan shall set forth the following: 
‘‘(1) The number of warheads (including active 
and inactive warheads) for each warhead type in the 
nuclear weapons stockpile. 
‘‘(2) The current age of each warhead type, and 
any plans for stockpile lifetime extensions and modi-
fications or replacement of each warhead type. 
‘‘(3) The process by which the Secretary of En-
ergy is assessing the lifetime and requirements for 
maintenance of the nuclear and nonnuclear compo-
nents of the warheads (including active and inactive 
warheads) in the nuclear weapons stockpile. 
‘‘(4) The process used in recertifying the safety, 
security, and reliability of each warhead type in the 
nuclear weapons stockpile without the use of nuclear 
testing. 
‘‘(5) Any concerns which would affect the abil-
ity of the Secretary of Energy to recertify the safety, 
security, or reliability of warheads in the nuclear 
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HR 2647 PCS 
weapons stockpile (including active and inactive war-
heads). 
‘‘(c) ASSESSMENT.—In addition to the elements de-
scribed under subsection (b), the plan and each update 
of the plan shall include a joint assessment of the stockpile 
stewardship program by the heads of the national security 
laboratories. Each assessment shall set forth the following: 
‘‘(1) An identification and description of— 
‘‘(A) any key technical challenges to the 
program; and 
‘‘(B) the strategies to address such chal-
lenges without the use of nuclear testing. 
‘‘(2) A strategy for using the science-based 
tools (including advanced simulation and computing 
capabilities) of each national security laboratory to 
ensure that the nuclear weapons stockpile is safe, se-
cure, and reliable without the use of nuclear testing. 
‘‘(3) An assessment of the science-based tools 
(including advanced simulation and computing capa-
bilities) of each national security laboratory that 
exist at the time of the plan compared with the 
science-based tools expected to exist during the pe-
riod covered by the future-years nuclear security 
program. 
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‘‘(4) Clear and specific criteria for judging 
whether the science-based tools being used by the 
Department of Energy for determining the safety 
and reliability of the nuclear weapons stockpile are 
performing in a manner that will provide an ade-
quate degree of certainty that the stockpile is safe 
and reliable. 
‘‘(5) An assessment of the core scientific and 
technical competencies required to achieve the objec-
tives of the stockpile stewardship program and other 
weapons and weapons-related activities of the De-
partment of Energy, including— 
‘‘(A) the number of scientists, engineers, 
and technicians, by discipline, required to main-
tain such competencies; and 
‘‘(B) a description of any shortage of such 
individuals that exists at the time of the plan 
compared with any shortage expected to exist 
during the period covered by the future-years 
nuclear security program. 
‘‘(d) REPORTS TO CONGRESS.—Not later than Feb-
ruary 1 of each year, beginning with February 1, 2010, 
the Secretary of Energy shall submit to the congressional 
defense committees a report describing the plan required 
by subsection (a). 
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‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘future-years nuclear security 
program’ means the program required by section 
3253 of the National Nuclear Security Administra-
tion Act (50 U.S.C. 2453). 
‘‘(2) The term ‘national security laboratory’ has 
the meaning given such term in section 3281 of the 
National Nuclear Security Administration Act (50 
U.S.C. 2471). 
‘‘(3) The term ‘weapons activities’ means each 
activity within the budget category of weapons ac-
tivities in the budget of the National Nuclear Secu-
rity Administration. 
‘‘(4) The term ‘weapons–related activities’ 
means each activity under the Department of En-
ergy that involves nuclear weapons, nuclear weapons 
technology, or fissile or radioactive materials, includ-
ing activities related to— 
‘‘(A) nuclear non-proliferation; 
‘‘(B) nuclear forensics; 
‘‘(C) nuclear intelligence; 
‘‘(D) nuclear safety; and 
‘‘(E) nuclear incident response.’’. 
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(b) CLERICAL AMENDMENT.—The item relating to 
section 4203 in the table of contents for such Act is 
amended to read as follows: 
‘‘Sec. 4203. Plan for execution of stockpile stewardship and stockpile manage-
ment programs.’’. 
(c) CONFORMING REPEAL.—Section 4202 of the 
Atomic Energy Defense Act (division D of Public Law 
107–314; 50 U.S.C. 2522) is repealed. 
SEC. 3114. DUAL VALIDATION OF ANNUAL WEAPONS AS-
SESSMENT AND CERTIFICATION. 
(a) DUAL VALIDATION.— 
(1) IN GENERAL.—Section 4205 of the Atomic 
Energy Defense Act (division D of Public Law 107– 
314; 50 U.S.C. 2525) is amended— 
(A) 
by 
redesignating 
subsections 
(c) 
through (h) as subsections (d) through (i), re-
spectively; and 
(B) by inserting after subsection (b) the 
following new subsection (c): 
‘‘(c) DUAL VALIDATION TEAMS IN SUPPORT OF AS-
SESSMENTS.—In support of the assessments required by 
subsection (a), the Administrator for Nuclear Security 
shall establish teams, known as ‘dual validation teams’, 
to provide Lawrence Livermore National Laboratory and 
Los Alamos National Laboratory with independent evalua-
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tions of the condition of each warhead for which such lab-
oratory has lead responsibility. Each such team shall— 
‘‘(1) be comprised of weapons experts from the 
laboratory that does not have lead responsibility for 
fielding the warhead being evaluated; 
‘‘(2) have access to all surveillance and under-
ground test data for all stockpile systems for use in 
the independent evaluations; 
‘‘(3) use all relevant available data to conduct 
independent calculations; and 
‘‘(4) pursue independent experiments to support 
the independent evaluations.’’. 
(2) PLAN.—Not later than March 1, 2010, the 
Administrator for Nuclear Security shall submit to 
the congressional defense committees a plan (includ-
ing a schedule) to carry out subsection (c) of section 
4205 of such Act, as added by paragraph (1) of this 
subsection. 
(b) RED TEAM REVIEWS.—Subsection (d)(1) of such 
section, as redesignated by subsection (a)(1)(A) of this 
section, is amended— 
(1) by inserting ‘‘both’’ after ‘‘review’’; and 
(2) by inserting after ‘‘that laboratory’’ the fol-
lowing: ‘‘and the independent evaluations conducted 
by a dual validation team under subsection (c)’’. 
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(c) SUMMARY.—Subsection (e)(3) of such section, as 
redesignated by subsection (a)(1)(A) of this section, is 
amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) a concise summary of the results of 
any independent evaluation conducted by a dual 
validation team under subsection (c).’’. 
(d) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in paragraph (3)(C) of subsection (e), as re-
designated by subsection (a)(1)(A) of this section, by 
striking ‘‘subsection (c)’’ and inserting ‘‘subsection 
(d)’’; 
(2) in paragraph (1)(A) of subsection (f), as re-
designated by subsection (a)(1)(A) of this section, by 
striking ‘‘subsection (d)’’ and inserting ‘‘subsection 
(e)’’; 
(3) in subsection (g), as redesignated by sub-
section (a)(1)(A) of this section, by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f)’’; and 
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HR 2647 PCS 
(4) in subsection (i), as redesignated by sub-
section (a)(1)(A) of this section— 
(A) in paragraph (1), by striking ‘‘sub-
section (d)’’ and inserting ‘‘subsection (e)’’; and 
(B) in paragraph (2), by striking ‘‘sub-
section (e)’’ and inserting ‘‘subsection (f)’’. 
SEC. 3115. ANNUAL LONG-TERM PLAN FOR THE MOD-
ERNIZATION AND REFURBISHMENT OF THE 
NUCLEAR SECURITY COMPLEX. 
(a) POLICY.—It is the policy of the United States 
that sustainment, modernization, and refurbishment of 
the nuclear security complex is mandatory for maintaining 
the future viability of the United States nuclear deterrent 
and a prerequisite for any reductions to the nuclear weap-
ons stockpile of the United States. 
(b) GENERAL REQUIREMENT.—Subtitle D of the Na-
tional Nuclear Security Administration Act (50 U.S.C. 
2451 et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 3255. BUDGETING FOR MODERNIZATION AND REFUR-
BISHMENT OF THE NUCLEAR SECURITY COM-
PLEX: ANNUAL PLAN AND CERTIFICATION. 
‘‘(a) ANNUAL NUCLEAR SECURITY COMPLEX MOD-
ERNIZATION AND REFURBISHMENT PLAN AND CERTIFI-
CATION.—The Administrator for Nuclear Security shall 
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HR 2647 PCS 
include with the nuclear security budget materials for each 
fiscal year— 
‘‘(1) a plan for the modernization and refur-
bishment of the nuclear security complex developed 
in accordance with this section; and 
‘‘(2) a certification by the Administrator that 
both the budget for that fiscal year and the future- 
years nuclear security program submitted to Con-
gress in relation to such budget under section 3253 
provide for funding of the nuclear security complex 
at a level that is sufficient for the modernization and 
refurbishment of the nuclear security complex pro-
vided for in the plan under paragraph (1) on the 
schedule provided in the plan. 
‘‘(b) ANNUAL NUCLEAR SECURITY COMPLEX MOD-
ERNIZATION AND REFURBISHMENT PLAN.—(1) The an-
nual nuclear security complex modernization and refur-
bishment plan developed for a fiscal year for purposes of 
subsection (a)(1) should be designed so that the nuclear 
security complex provided for under that plan is capable 
of supporting— 
‘‘(A) the National Security Strategy of the 
United States as set forth in the most recent 
national security strategy report of the Presi-
dent under section 108 of the National Security 
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HR 2647 PCS 
Select Committee on Intelligence of the House of 
Representatives; and 
(2) the Committee on Armed Services, the 
Committee on Appropriations, and the Select Com-
mittee on Intelligence of the Senate. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
Sec. 3201. Authorization. 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal 
year 2010, $26,086,000 for the operation of the Defense 
Nuclear Facilities Safety Board under chapter 21 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). 
TITLE XXXIV—NAVAL 
PETROLEUM RESERVES 
Sec. 3401. Authorization of appropriations. 
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 
(a) AMOUNT.—There are hereby authorized to be ap-
propriated to the Secretary of Energy $23,627,000 for fis-
cal year 2010 for the purpose of carrying out activities 
under chapter 641 of title 10, United States Code, relating 
to the naval petroleum reserves. 
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(8) Section 302l(g), relating to accession bonus 
for dental specialist officers in critically short war-
time specialties. 
SEC. 103. ONE-YEAR EXTENSION OF SPECIAL PAY AND 
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS. 
The following sections of title 37, United States 
Code, are amended by striking ‘‘December 31, 2009’’ and 
inserting ‘‘December 31, 2010’’: 
(1) Section 312(f), relating to special pay for 
nuclear-qualified officers extending period of active 
service. 
(2) Section 312b(c), relating to nuclear career 
accession bonus. 
(3) Section 312c(d), relating to nuclear career 
annual incentive bonus. 
SEC. 104. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO TITLE 37 CONSOLIDATED SPECIAL 
PAY, INCENTIVE PAY, AND BONUS AUTHORI-
TIES. 
The following sections of title 37, United States 
Code, are amended by striking ‘‘December 31, 2009’’ and 
inserting ‘‘December 31, 2010’’: 
(1) Section 331(h), relating to general bonus 
authority for enlisted members. 
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(2) Section 332(g), relating to general bonus 
authority for officers. 
(3) Section 333(i), relating to special bonus and 
incentive pay authorities for nuclear officers. 
(4) Section 334(i), relating to special aviation 
incentive pay and bonus authorities for officers. 
(5) Section 335(k), relating to special bonus 
and incentive pay authorities for officers in health 
professions. 
(6) Section 351(i), relating to hazardous duty 
pay. 
(7) Section 352(g), relating to assignment pay 
or special duty pay. 
(8) Section 353(j), relating to skill incentive 
pay or proficiency bonus. 
(9) Section 355(i), relating to retention incen-
tives for members qualified in critical military skills 
or assigned to high priority units. 
SEC. 105. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER TITLE 37 BO-
NUSES AND SPECIAL PAY. 
The following sections of chapter 5 of title 37, United 
States Code, are amended by striking ‘‘December 31, 
2009’’ and inserting ‘‘December 31, 2010’’: 
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(2) Section 3252(h), relating to Army referral 
bonus. 
SEC. 107. TECHNICAL CORRECTIONS AND CONFORMING 
AMENDMENTS TO RECONCILE CONFLICTING 
AMENDMENTS REGARDING CONTINUED PAY-
MENT OF BONUSES AND SIMILAR BENEFITS 
FOR CERTAIN MEMBERS. 
(a) TECHNICAL CORRECTIONS TO RECONCILE CON-
FLICTING AMENDMENTS.—Section 303a(e) of title 37, 
United States Code, is amended— 
(1) in paragraph (1)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 
(2) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; 
(3) in paragraph (5), as so redesignated, by 
striking ‘‘paragraph (3)(B)’’ and inserting ‘‘para-
graph (4)(B)’’; 
(4) by redesignating paragraph (2), as added by 
section 651(b) of the Duncan Hunter National De-
fense Authorization Act for Fiscal Year 2009 (Pub-
lic Law 110–417; 122 Stat. 4495), as paragraph 
(3); and 
(5) by redesignating the second subparagraph 
(B) of paragraph (1), originally added as paragraph 
(2) by section 2(a)(3) of the Hubbard Act (Public 
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(2) who is separated from service by reason of 
retirement under chapter 83 or 84 of title 5, United 
States Code, during the period of January 1, 2010, 
through December 31, 2012; and 
(3) who files an election with the Office of Per-
sonnel Management under subsection (b). 
(b) ELECTION.— 
(1) IN
GENERAL.—An employee described 
under subsection (a) (1) and (2) may file an election 
with the Office of Personnel Management to be cov-
ered under this section. 
(2) DEADLINE.—An election under this sub-
section may be filed not later than December 31, 
2012. 
(c) COMPUTATION OF ANNUITY.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), for purposes of the computation of 
an annuity of a covered employee any cost-of-living 
allowance under section 5941 of title 5, United 
States Code, paid to that employee during the first 
applicable pay period beginning on or after January 
1, 2010 through the first applicable pay period end-
ing on or after December 31, 2012, shall be consid-
ered basic pay as defined under section 8331(3) or 
8401(4) of that title. 
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